Home Confinement

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 7320.01 at a glance

Field	Value
Program Statement	7320.01
Subject	Home Confinement
Effective / current edition date	September 6, 1995 — the base Program Statement’s own header date (PS 7320.01 at p. 3). The PDF BOP currently serves is the CN-2 compilation; both Change Notices state that they amend “Program Statement 7320.01, Home Confinement, dated September 6, 1995.”
Change notice	Two. CN-2, dated December 15, 2017, signed by Director Mark S. Inch, OPI RSD/RSB — “The single change is marked with a highlight and inserted into the policy.” CN-1, dated August 1, 2016, signed by Acting Director Thomas R. Kane — it “removes the requirement of subsistence collection for any resident while on Home Confinement.”
Supersedes / rescinds	Nothing. Section 3 of the base Program Statement is headed “DIRECTIVES REFERENCED” and lists three policies it cross-references; there is no “Directives Rescinded” entry anywhere in the document.
Governing statute	18 U.S.C. § 3624(c)(2) — home confinement for “the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.” Two other, separate authorities also place people in home confinement: 18 U.S.C. § 3624(g) (First Step Act prerelease custody) and 34 U.S.C. § 60541(g) (the elderly and terminally ill pilot).
Governing regulation (28 C.F.R.)	28 C.F.R. § 570.20(b) (definition of home detention); § 570.21(b)–(c) (time-frames); and 28 C.F.R. § 0.96(u) (the Attorney General’s CARES Act delegation)
Related BP forms	BP-460(73), “Conditions of Home Confinement,” which the person must sign before placement (PS 7320.01 at p. 8); BP-S548.073, the “AGREEMENT — Home Confinement and Community Control,” printed as Attachment A (p. 12); BP-385, “Authorized Unescorted Commitment and Transfer Card,” prepared by institution staff for a direct placement (p. 10). None of these is a form you can file to request home confinement.
Official PDF	PS 7320.01 CN-2, Home Confinement

Checked against the BOP policy set · 2026-09-06.

Home confinement is the last stage of a federal sentence served at home instead of in a facility, under conditions and — usually — electronic monitoring, while the person remains in the legal custody of the Attorney General. This Program Statement is the Bureau’s internal instruction on who gets considered, who decides, and what the conditions are; the limit on how long it can last comes from statute, not from this document.

This page explains the policy. Questions about a particular case — whether a placement should have happened, why one was cut short, what to do about a denial — belong on our home confinement page. Halfway house placement is a different program with a different ceiling and its own referral procedure; it is covered at Community Corrections Center Utilization and Transfer Procedure (PS 7310.04) and at halfway houses.

The rule itself: home confinement eligibility, conditions and monitoring

Four tables. Table A is the law on how long home confinement can last — and, critically, the three different statutory authorities that each answer that question differently. Table B is the Program Statement’s own eligibility rule as amended by Change Notice 2. Table C is the direct-placement criteria. Table D is the conditions and monitoring rules from the base policy and its Attachment B. Everything in Tables B, C and D is Bureau policy — the Bureau’s instruction to its own staff — not law. Where policy and statute conflict, the statute controls.

Table A — how long, and under which authority

Authority	What it allows	Text
18 U.S.C. § 3624(c)(2)	The ordinary prerelease home-confinement limit	“The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.”
18 U.S.C. § 3624(c)(2), second sentence	The First Step Act’s direction on who should get it	“The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.”
28 C.F.R. § 570.21(b)	The regulation restating that limit	“Inmates may be designated to home detention as a condition of pre-release custody and programming during the final months of the inmate’s term of imprisonment, not to exceed the shorter of ten percent of the inmate’s term of imprisonment or six months.”
28 C.F.R. § 570.21(c)	When those limits do not bind	“These time-frames may be exceeded when separate statutory authority allows greater periods of community confinement as a condition of pre-release custody.”
18 U.S.C. § 3624(g)(2)(A)(iv)	Home confinement earned with First Step Act time credits	“[A] prisoner who is placed in home confinement shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment.”
18 U.S.C. § 3624(g)(10)	Why the § 3624(c) caps do not apply to it	“Time limits inapplicable.— The time limits under subsections (b) and (c) shall not apply to prerelease custody under this subsection.”
34 U.S.C. § 60541(g)	The elderly and terminally ill pilot — a separate authority	“The Attorney General shall conduct a pilot program to determine the effectiveness of removing eligible elderly offenders and eligible terminally ill offenders from Bureau of Prisons facilities and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced.” The statute adds a waiver: “The Attorney General is authorized to waive the requirements of section 3624 of title 18 as necessary.”
34 U.S.C. § 60541(g)(3)	The pilot’s stated duration — read this carefully	“A pilot program under paragraph (1) … shall be carried out during fiscal years 2019 through 2023.” That sentence is still the text of the statute as published on 12 July 2026.
34 U.S.C. § 60541(g)(5)(A)	Who the pilot defines as an “eligible elderly offender”	“not less than 60 years of age”; serving a term that is not life imprisonment for offenses that include no crime of violence, sex offense, § 2332b(g)(5)(B) offense, or chapter 37 offense, “and has served ⅔ of the term of imprisonment to which the offender was sentenced”; no prior conviction for such an offense; no Bureau-determined history of violence or sex offenses; no escape or attempted escape; a Bureau determination that release “will result in a substantial net reduction of costs to the Federal Government”; and a Bureau determination of “no substantial risk of engaging in criminal conduct or of endangering any person or the public.”
28 C.F.R. § 0.96(u)	The CARES Act delegation — and its express limit	“(1) During the ‘covered emergency period’ as defined by the CARES Act, when the Attorney General determines that emergency conditions will materially affect the functioning of the Bureau of Prisons (Bureau), lengthening the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under 18 U.S.C. 3624(c)(2), as the Director determines appropriate. (2) After the expiration of the ‘covered emergency period’ … permitting any prisoner placed in home confinement under the CARES Act who is not yet otherwise eligible for home confinement under separate statutory authority to remain in home confinement under the CARES Act for the remainder of the prisoner’s sentence … provided the prisoner is compliant with all conditions of supervision. (3) This paragraph (u) concerns only inmates placed in home confinement under the CARES Act. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities.”

Sources: 18 U.S.C. § 3624, 34 U.S.C. § 60541, 28 C.F.R. § 570.21 and 28 C.F.R. § 0.96, current text.

Table B — the Program Statement’s eligibility rule, § 6, as amended by CN-2 (Dec. 15, 2017)

The base rule is broader than most people expect:

“ELIGIBILITY FOR HOME CONFINEMENT. All inmates referred to community corrections are eligible to be considered for home confinement placement.”

“While the Bureau also provides Community Corrections Center (CCC) services for persons as a condition of probation, parole, or supervised release, only in the most extraordinary circumstances will the Bureau assume responsibility for such persons on home confinement.”

“The Community Corrections Manager (CCM) shall ensure that each appropriate inmate is placed on home confinement as soon as otherwise eligible. The CCM ~~shall~~ can consult with the Community Corrections Regional Administrator (CCRA), or designee, prior to placing on home confinement any inmate for whom any of the following factors apply:”

That struck-through “shall” and highlighted “can” is the entire content of Change Notice 2. Before December 15, 2017, a Community Corrections Manager was directed to consult the Regional Administrator before placing anyone in the five categories below. After it, consultation is optional. The factors themselves were not changed:

Factor	Text, verbatim
a	“Public Safety Factors as defined in the Security Designation and Custody Classification Manual; or”
b	“Central Inmate Monitoring case (except ‘pure’ separation cases); or”
c	“Sensitive, or high profile case or one who might generate undue public concern; or”
d	“History of escape or prior CCC failure; or”
e	“Unlikely to be employed. Historically, inmates who were not going to be employed were often excluded from community corrections placements. Examples are inmates who are elderly, retired, disabled, chronically ill, unable to work at paid employment, occupied in caring for their own young children or ill or disabled family members.”

Item e carries a direction that is easy to miss and matters to older and disabled people and their families:

“When such inmates are otherwise eligible, institutions are encouraged to refer them for direct placement on home confinement with special reporting requirements arranged by the CCM. Of primary concern is ensuring that the Bureau does not incur community medical costs.”

Source: PS 7320.01 at pp. 1, 5–6.

Table C — direct placement from an institution, § 12

Element	Text, verbatim
When it is possible	“If there is a electronically monitored program available, an inmate who does not require CCC transitional services may be placed directly on home confinement from an institution.”
Eligibility, § 12.a	“Generally, an inmate may be considered eligible for direct placement on home confinement if he or she: has no public safety factors, had excellent institutional adjustment, has a stable residence with a supportive family, has confirmed employment (if employable), and has little or no need for the services of a CCC.”
If no monitored program exists	“[T]he CCM and the provider shall arrange for an initial short placement (approximately two weeks) in a CCC to allow the provider to become acquainted with the inmate, orient him or her to the expectations of the program, and assure that the job and living arrangements are appropriate.”
Reporting	“The reporting date should be a weekday, and the inmate shall be required to report to the provider within 24 hours of reaching the release jurisdiction.”
Who approves	“Only the CCM may approve home confinement. The CCM shall notify the U. S. Probation Officer (USPO) prior to final approval of placement on home confinement and document that notification is in the file.” (§ 8)
What must be verified first	“To approve a home confinement placement, the CCM must have written verification of the release plan from either the USPO or the CCC, including: (1) The planned residence, including assurance that it has telephone service without prohibited services listed in Attachment A; (2) Adults sharing the residence with the inmate are aware of, and not opposed to, the inmate’s plan to participate in the program; and, (3) Employment (for employable inmates). Release employment is desirable but not required.” (§ 8.b)
Declining	“An inmate who declines to participate in a recommended home confinement program may be transferred to a more secure facility.” (§ 7.c)

Source: PS 7320.01 at pp. 7, 9–10.

Table D — the conditions, and the monitoring rules by equipment type

What the person signs. Before placement, “the inmate must sign the ‘Conditions of Home Confinement’ BP-460(73)” (§ 8.c). The Attachment A agreement, BP-S548.073, states the terms in the first person:

Term	Text, verbatim from Attachment A
Duration	“I understand that my participation on home confinement will be an alternative to placement in a Community Corrections Center for no more than the last six (6) months or 10% of my sentence, whichever is less.”
Custody	“I am aware that I will legally remain in the custody of the Bureau of Prisons and/or the U.S. Attorney General and that failure to remain at the required locations may result in disciplinary action and/or prosecution for escape.”
Reporting	“I agree to report to my assigned probation officer or the contractor’s facility immediately upon reaching my release destination.”
Declining	“I understand that if I decline to participate in the recommended home confinement program I may face administrative reassignment out of the community corrections program.”
Residence	“I agree that during the home confinement period, I will remain at my place of residence, except for employment, unless I am given permission to do otherwise.”
Telephone	“I also agree to maintain a telephone at my place of residence without ‘call forwarding’, a modem, ‘Caller ID’ or portable cordless telephones for this period.”
Monitoring	“I also agree that, if my confinement is to be electronically monitored, I will wear any electronic monitoring device required, follow procedures specified and will not have ‘call forwarding’ on my telephone.”

Program requirements that apply to everyone (Attachment B, Part I): the provider “is not required to provide meals, medical treatment, clothing or incidentals, laundry services or other subsistence items”; the provider must document all staff contacts, must notify the Community Corrections Manager “immediately of any misconduct or failure … to comply with Home Confinement Conditions,” and is “not required to reserve a bed at the center”; “[a]n inmate serving a BOP sentence who fails to remain at the specified location may be considered an escapee”; “[i]nmates on home confinement shall maintain a 9:00 P.M. to 6:00 A.M. curfew each day, unless an exception is recommended by the provider and approved by the CCM”; and “[d]rug and alcohol testing and counseling requirements shall apply.”

Subsistence. Attachment B, Part I, item 5 of the base 1995 policy still prints a 25%-of-gross-income collection rule. It was superseded in the body of the policy by Change Notice 1: § 8.c(2) “now reads: (2) Subsistence Contributions. Home confinement residents are not required to pay subsistence.”

Contact frequency, by equipment type:

Program type	Required contact
No electronic monitoring (Attachment B, Part II)	“The provider’s staff shall telephonically contact the inmate at random hours each day at home, at work, or both”; staff “shall visit inmates on home confinement at their homes and at their places of employment at least once each week”; and inmates “shall return to the facility at least twice each week for routine progress reviews, counseling, urine testing and other required program participation.”
Programmed contact devices, and signaling or hybrid devices not monitored around the clock (Part III)	The Part II conditions also apply. “Electronic equipment is a substitute only for the random telephone calls.”
Continuously signaling or hybrid devices monitored 24 hours a day, 7 days a week (Part IV)	The provider must have an operations manual reviewed by the CCM including “their plan of action when a violation is noted”; staff “shall have at least one in-person contact with the offender per week,” with “[a]t least one contact each month … at the offender’s residence, and one at the place of employment”; the provider reviews the monthly telephone bill; and “[t]he inmate is expected to remain at his/her residence at all times except when he is at work, when traveling to and from work or when engaging in other approved activities.”
Any program, if modified	“[U]nless continuously signalling electronic monitors are used, the home confinement monitor must initiate telephone contact with the inmate no less than once each day at random times of the day.” (§ 10)

The three monitoring technologies the policy defines (§ 5.b): a continuously signaling device — “[a] ‘transmitter’ worn by the inmate which emits a signal with a range of 100 to 200 feet,” received by a dialer that alerts a central computer when the person moves in or out of range at an unauthorized time; a programmed contact device — “[a] computer which contacts the inmate periodically to ensure that he or she is at the monitored location and verifies that the person responding is the monitored inmate”; and hybrid equipment, which combines the two.

Source: PS 7320.01 at pp. 4–5, 8–9, 12–15.

What home confinement policy means for you

If you are the person inside: you cannot apply

You cannot apply. Section 7 says it in terms: “An inmate may not apply for a particular community program. Once approved for a program, the inmate must agree to all required conditions of that program.” Your institution refers you to community corrections generally; the Community Corrections Manager — the field office BOP now publishes as a Residential Reentry Management office — decides which program you land in, and “[o]nly the CCM may approve home confinement.”

What you can do is make the file support the decision. The Program Statement tells the CCM to look for exactly four things before approving: a verified residence with a landline that has no call forwarding, modem, Caller ID or cordless handset; adults in that residence who know about the placement and do not object; employment if you are employable; and a written verification from the U.S. Probation Officer or the halfway house. Get those documented at your program review, not at the last minute.

Two provisions cut in unexpected directions. If you are older, retired, disabled or chronically ill and unlikely to work, § 6.e lists you as a factor for the CCM to weigh — but the same paragraph says institutions “are encouraged to refer them for direct placement on home confinement.” The obstacle named there is medical cost, not your age. And if you decline a home confinement placement you are offered, § 7.c says you “may be transferred to a more secure facility.” Think about that before saying no to a program you did not choose.

If you are a family member: your role in a home plan

Your role here is larger than on almost any other page in this section, because two of the four things the Bureau must verify are things only your household can supply. The residence has to be real, and the phone at that residence has to meet the policy’s specification. Adults living there have to be “aware of, and not opposed to” the placement — which in practice means someone has to say so in writing to the U.S. Probation Officer or the halfway house.

Understand what you are agreeing to. Your relative will remain in the legal custody of the Attorney General. A provider’s staff may telephone at random hours every day and, if the program is not electronically monitored, will visit the home and the workplace weekly. There is a nightly 9:00 P.M. to 6:00 A.M. curfew unless the provider recommends and the CCM approves an exception. Drug and alcohol testing applies. And leaving the specified location can be treated as escape, not as a rule violation.

The financial picture improved in 2016: home confinement residents no longer pay subsistence. Medical costs did not change — “[i]nmates on home confinement programs are responsible for their own medical and dental care expenses,” and the policy says that if they are unable or refuse to cover those costs, “they may be returned to a federal institution for evaluation and possible treatment.” A workable plan for medication and care is worth assembling before the placement, not after.

If you are counsel: home confinement

Three authorities, three different answers, and clients conflate them constantly. Section 3624(c)(2) caps ordinary prerelease home confinement at the shorter of ten percent or six months, and its First Step Act sentence directs the Bureau, “to the extent practicable,” to place lower-risk, lower-need prisoners on home confinement “for the maximum amount of time permitted under this paragraph” — a direction, not an entitlement. Prerelease custody earned under § 3624(g) is a different track; § 3624(g)(10) removes the subsection (c) limits from it, and § 3624(g)(2)(A)(iv) sets an 85-percent floor for home confinement on that track. And 34 U.S.C. § 60541(g) is a third, standalone authority under which the Attorney General may place eligible elderly and terminally ill offenders on home detention “until the expiration of the prison term,” with express authority to waive § 3624 — but its own paragraph (3) still says the pilot “shall be carried out during fiscal years 2019 through 2023,” a fact worth confirming against the current text before you rely on it in any filing.

The CARES Act authority is the fourth and the most commonly misremembered. 28 C.F.R. § 0.96(u) is the delegation that let the Director lengthen § 3624(c)(2) home confinement during the covered emergency period, and it lets people already placed under that authority stay there. Paragraph (u)(3) is the sentence to read to a client: “This paragraph (u) concerns only inmates placed in home confinement under the CARES Act. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities.”

On review: 18 U.S.C. § 3625 removes 5 U.S.C. §§ 554, 555 and 701–706 from this subchapter, so ordinary APA review is unavailable; challenges to the execution of a sentence proceed under 28 U.S.C. § 2241, as the Third Circuit explained in Woodall v. Federal Bureau of Prisons, 432 F.3d 235, 241–44 (3d Cir. 2005). Exhaust first — the BP-9, BP-10 and BP-11 deadlines are short. On removal from the program, note that § 9 of this Program Statement directs providers to build a violation system meeting “the ‘due process’ criteria of Wolff v. McDonnell“; Wolff, 418 U.S. 539 (1974), requires advance written notice, at least 24 hours to prepare, a qualified right to call witnesses and present documentary evidence, and “a written statement by the factfinders as to the evidence relied on and reasons.” Whether a particular provider’s process satisfies that is a record question.

What changed in the home confinement policy

The base policy is from 1995 and has been amended twice, both times by a single paragraph.

Change Notice 1, August 1, 2016 (Acting Director Thomas R. Kane) eliminated subsistence collection. Before it, § 8.c(2) directed providers to “collect 25% of each employed resident’s weekly gross income, rounded down to a whole dollar amount,” with unemployed residents contributing “an appropriate amount as determined by the provider,” capped at the weekly cumulative contract per diem rate. After it, § 8.c(2) “now reads: (2) Subsistence Contributions. Home confinement residents are not required to pay subsistence.” The old rule is still printed in Attachment B, Part I, item 5, which the change notice did not reach — a live internal inconsistency in the current PDF.

Change Notice 2, December 15, 2017 (Director Mark S. Inch) made one word change, and it is a meaningful one. In § 6, the sentence “The CCM shall consult with the Community Corrections Regional Administrator (CCRA), or designee, prior to placing on home confinement any inmate for whom any of the following factors apply” became “The CCM can consult.” In the PDF the word “shall” is struck through and “can” is highlighted in yellow, which is how the Bureau marks an inserted change. A mandatory regional check on placements involving public safety factors, Central Inmate Monitoring cases, high-profile cases, escape or CCC-failure history, and people unlikely to be employed became a discretionary one.

What changed around the policy is larger than what changed inside it. The base text quotes the pre-2008 version of 18 U.S.C. § 3624(c) in full at page 3, including “not to exceed six months, of the last 10 per centum of the term.” That version was replaced by the Second Chance Act of 2007, Pub. L. 110-199, tit. II, § 251(a), effective April 9, 2008. For home confinement the practical result is a wash — the ten-percent-or-six-months limit was carried forward into § 3624(c)(2) — but the community confinement half of that sentence is gone, replaced by a twelve-month ceiling. That matters here because this policy’s Attachment A agreement describes home confinement as “an alternative to placement in a Community Corrections Center,” and the alternative has since become twice as long.

Three authorities that did not exist in 1995, or in 2017, now put people on home confinement. The First Step Act’s prerelease-custody track, 18 U.S.C. § 3624(g), was enacted in December 2018 — after CN-2 — and § 3624(g)(10) exempts it from the § 3624(c) limits entirely. See First Step Act time credits (PS 5410.01). The elderly and terminally ill pilot at 34 U.S.C. § 60541(g) was expanded by the same Act. And the CARES Act delegation now codified at 28 C.F.R. § 0.96(u) — added by Order No. 5666-2023, effective May 4, 2023 — is a fourth. This Program Statement addresses none of them.

One thing that did not change. Nothing in this policy has ever been rescinded or superseded, and no fifth edition exists. Its § 3 heading is “DIRECTIVES REFERENCED,” not “Directives Rescinded”; the three policies it cross-references — PS 5100.05, PS 7300.08 and PS 7310.02 — have all since been reissued under later numbers, which is a good measure of how much time has passed around a document that has not moved.

Where people get stuck on the CARES Act

“The CARES Act means my relative can go home”

For most people, no — and the regulation says so in a single sentence. 28 C.F.R. § 0.96(u)(3) states: “This paragraph (u) concerns only inmates placed in home confinement under the CARES Act. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities.” What paragraph (u) does is (1) let the Director lengthen § 3624(c)(2) home confinement during the covered emergency period on an Attorney General determination, and (2) let someone already placed under that authority remain there for the rest of the sentence if compliant. It is not a general expansion of home confinement, and it is not something a person not already placed under it can invoke. If a family member has been told otherwise, the sentence above is the answer, and it is on eCFR where anyone can read it.

The elderly offender pilot and the fiscal-year problem

34 U.S.C. § 60541(g) is real, it is separate from § 3624(c)(2), and it lets the Attorney General place eligible elderly and terminally ill offenders on home detention “until the expiration of the prison term,” waiving § 3624 as necessary. Two things routinely trip people up. First, its eligibility criteria are strict and cumulative: age 60 or older, no crime of violence, sex offense, § 2332b(g)(5)(B) offense or chapter 37 offense in the current or any prior conviction, two-thirds of the imposed term already served, no escape history, a Bureau finding of substantial net cost savings, and a Bureau finding of no substantial risk. Second, paragraph (g)(3) says the pilot “shall be carried out during fiscal years 2019 through 2023,” and that sentence is still in the statute as published. Whether and how the Bureau treats the pilot as operating today is a question to put to the Bureau in writing rather than to assume in either direction — and it is precisely the kind of question that should be resolved before a filing, not inside one.

The residence, the phone, and the adults in the house

More placements stall on this than on anything legal. The CCM cannot approve without “written verification of the release plan,” and the specification is unusually concrete: a planned residence “including assurance that it has telephone service without prohibited services listed in Attachment A,” which excludes call forwarding, a modem, Caller ID and cordless handsets; and adults sharing the residence who “are aware of, and not opposed to” the plan. Households have shed landlines since 1995, and the policy has not been updated to say what substitutes. If the release plan is being held up, ask the unit team in a Request to Staff exactly what verification is missing and who is supposed to obtain it, and get the answer in writing. If the answer never comes, the BP-9 deadline is 20 calendar days from the date the problem arose.

Removal from home confinement, and what escape means here

This is the highest-stakes paragraph on the page. Attachment B says a person “who fails to remain at the specified location may be considered an escapee,” and the Attachment A agreement says the same. That is a criminal exposure, not a disciplinary one, and it is why an unapproved absence — even a short and sympathetic one — is treated differently from a rule violation in an institution. Section 9 directs the CCM to ensure each provider “develops a system for handling violations of program rules which meets the ‘due process’ criteria of Wolff v. McDonnell,” with separate handling for minor infractions and for major violations “that could result in the inmate’s termination from the program,” and requires the provider to “report every violation to the CCM within 24 hours.” If a removal has happened, the questions are what notice was given, what the written statement of evidence and reasons says, and whether the 24-hour report exists. Those are records worth requesting early, through the administrative remedy process or, where the removal is entangled with a discipline finding, through the Inmate Discipline Program appeal route, which goes to the Regional Director first.

Related BOP policy on home confinement

Page	What it covers
Home confinement — early release representation	Eligibility questions, disputes and challenges in a specific case
Community Corrections Center Utilization and Transfer Procedure (PS 7310.04)	Halfway house referral, placement length and the exclusion list
Halfway houses — early release representation	Halfway house questions in a specific case
First Step Act time credits (PS 5410.01)	The § 3624(g) prerelease track and its 85-percent home confinement floor
Management of Aging Offenders (PS 5241.01)	Bureau policy for older people in custody
Compassionate release / reduction in sentence (PS 5050.51)	The separate route out for extraordinary and compelling reasons; under PS 5050.51 § 3, a person already on home confinement can ask for it through the Residential Reentry Manager
Community Corrections Manual (PS 7300.09)	How the Bureau administers contract community programs
Release Preparation Program (PS 5325.09)	The institution program that precedes any community placement
Administrative Remedy Program (PS 1330.18)	BP-9, BP-10, BP-11 and the deadlines
Request to Staff (PS 5511.08)	The BP-A0148 cop-out
Inmate Discipline Program (PS 5270.09)	Violation findings and the DHO appeal route
Security designation and custody classification (PS 5100.08)	Public Safety Factors, which are factor (a) in the eligibility list

Frequently Asked Questions About BOP Home Confinement Policy

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Program Statement 7320.01 — full text

The text below is the Bureau of Prisons’ own. Program Statement 7320.01 is reproduced here in full from the PDF the agency publishes: bop.gov/policy/progstat/7320_001_CN-2.pdf. Wording and spelling are the Bureau’s.

U.S. Department of Justice Federal Bureau of Prisons

CHANGE NOTICE

OPI: RSD/RSB NUMBER: 7320.01, CN-2 DATE: December 15, 2017

Home Confinement

Approved: Mark S. Inch Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following change to Program Statement 7320.01, Home Confinement, dated September 6, 1995. The single change is marked with a highlight and inserted into the policy.

6. ELIGIBILITY FOR HOME CONFINEMENT. All inmates referred to community corrections are eligible to be considered for home confinement placement.

While the Bureau also provides Community Corrections Center (CCC) services for persons as a condition of probation, parole, or supervised release, only in the most extraordinary circumstances will the Bureau assume responsibility for such persons on home confinement.

The Community Corrections Manager (CCM) shall ensure that each appropriate inmate is placed on home confinement as soon as otherwise eligible. The CCM shall can consult with the Community Corrections Regional Administrator (CCRA), or designee, prior to placing on home confinement any inmate for whom any of the following factors apply:

U.S. Department of Justice Federal Bureau of Prisons

CHANGE NOTICE

OPI: RSD/RSB NUMBER: 7320.01, CN-1 DATE: August 1, 2016

Home Confinement

/s/ Approved: Thomas R. Kane Acting Director, Federal Bureau of Prisons

This Change Notice (CN) implements a change to Program Statement 7320.01, Home Confinement, dated September 6, 1995. This CN removes the requirement of subsistence collection for any resident while on Home Confinement. The new language is highlighted.

The following language is removed from Section 8.c.(2) of the Program Statement:

(2) Subsistence Contributions. Providers shall collect 25% of each employed resident’s weekly gross income, rounded down to a whole dollar amount. Home confinement residents who are not employed, but have other means of financial support, shall contribute an appropriate amount as determined by the provider and approved by the CCM. Ordinarily, the amount should approximate 25% of the resident’s weekly income. Subsistence contributions collected shall be used to defray program costs, and the provider shall deduct the amount collected from the amounts billed to the Bureau. In many cases, inmate subsistence contributions will cover the entire cost of home confinement; however, individual subsistence collections may not exceed the weekly cumulative contract per diem rate (i.e., the daily rate x 7). Providers shall provide receipts to program participants for all collections and shall maintain collection records for audit purposes.

Section 8.c.(2) now reads:

(2) Subsistence Contributions. Home confinement residents are not required to pay subsistence.

U.S. Department of Justice Federal Bureau of Prisons

OPI: CCD NUMBER: 7320.01 DATE: September 6, 1995 SUBJECT: Home Confinement

1. PURPOSE AND SCOPE. To establish policy and procedures for referral and placement of pre-release inmates in Community Corrections home confinement programs.

Title 18, Section 3624(c) of the United States Code allows inmates sentenced under “old law” and “new law” statutes, to be placed on home confinement for pre-release purposes:

(c) Pre-release custody.–The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 per centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community. The authority provided by this subsection may be used to place a prisoner on home confinement. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody.

Ordinarily, the length of placement ordinarily is limited to the last 10 percent of the inmate’s term to be served, or six months, whichever is less. An exception is inmates with sentences of more than 12 months but not more than 30 months who have successfully completed the institutional phase of the Intensive Confinement Centers (ICCs) program. Bureau authority for ICCs is established by Title 18, U.S.C., Section 4046.

The Bureau does not have statutory authority to designate a home confinement program for an inmate at the beginning of his or her sentence. This is supported in Title 18, U.S.C., Section 3621, which requires that the Bureau designate any available penal or correctional facility as the place of a prisoner’s imprisonment.

Home confinement is a time of testing and an opportunity for inmates to assume increasing levels of personal responsibility while providing sufficient restriction to promote community safety and continue the sanction of the sentence.

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September 6, 1995 Page 2

Compliance with the conditions of home confinement may be monitored by electronic monitoring equipment or by regular telephone or in person contacts by supervision staff. Supervision may be provided by staff from the U.S. Probation Service, contract halfway house services, or other governmental agencies.

2. PROGRAM OBJECTIVES. The expected results of this program are:

a. Inmates who are eligible and approved will be placed on

home confinement programs.

b. Inmates on home confinement programs will receive

appropriate supervision.

c. The public will be protected from any undue risk.

d. Any inmate who violates a condition of home confinement

will be appropriately disciplined, depending on the nature of the violation.

3. DIRECTIVES REFERENCED

P.S. 5100.05 Security Designation and Custody Classification Manual (06/16/94) P.S. 7300.08 Community Corrections Manual (04/01/91) P.S. 7310.02 Community Corrections Center (CCC) Utilization and Transfer Procedure (10/19/93)

4. STANDARDS REFERENCED. None.

5. DEFINITIONS. For the purposes of this Operations Memorandum, the following definitions apply:

a. Home Confinement. Any circumstance in which the inmate is

required to remain in the home during specified hours.

b. Electronic Monitoring Equipment. The telemetry technology

used to ensure that a program participant remains in a specified location during the required hours:

(1) Continuously Signalling Devices. A “transmitter” worn by the inmate which emits a signal with a range of 100 to 200 feet.

The signal is received by a receiver dialer unit installed at the monitored location to notify the central computer when the inmate comes within or goes out of range of the unit. The central computer contains the inmate’s schedule and, when notified of a change in the inmate’s status, compares the time with the schedule to determine if the break in contact is authorized. If not authorized, the computer sends an alert.

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A computer which contacts (2) Programmed Contact Device.

the inmate periodically to ensure that he or she is at the monitored location and verifies that the person responding is the monitored inmate.

Verification may be accomplished in a variety of ways, including, but not limited to, a device the inmate wears and voice verification.

(3) “Hybrid” Equipment. Equipment which combines the two types of equipment described above but functions similarly to a continuously signalling device.

When the equipment notes the inmate has left the monitored range at an unauthorized time, it functions similarly to a programmed contact device by telephonically contacting the inmate and verifying that the person responding is the monitored inmate. If verification does not occur, notification of the violation is made.

c. “Old Law” and “New Law” Sentences

(1) “Old law” refers to the federal criminal code in effect prior to the implementation of the Sentencing Reform Act of 1984 (Title II of the Comprehensive Crime Control Act of 1984).

(2) “New law” is that Act (also known as the Sentencing Guidelines) which applies to federal criminal offenses committed on or after November 1, 1987.

6. ELIGIBILITY FOR HOME CONFINEMENT. All inmates referred to community corrections are eligible to be considered for home confinement placement.

While the Bureau also provides Community Corrections Center (CCC) services for persons as a condition of probation, parole, or supervised release, only in the most extraordinary circumstances will the Bureau assume responsibility for such persons on home confinement.

The Community Corrections Manager (CCM) shall ensure that each appropriate inmate is placed on home confinement as soon as otherwise eligible. The CCM shall can consult with the Community Corrections Regional Administrator (CCRA), or designee, prior to placing on home confinement any inmate for whom any of the following factors apply:

a. Public Safety Factors as defined in the Security

Designation and Custody Classification Manual; or

b. Central Inmate Monitoring case (except “pure” separation

cases); or

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Sensitive, or high profile case or one who might generate c.

undue public concern; or

d. History of escape or prior CCC failure; or

e. Unlikely to be employed. Historically, inmates who were

not going to be employed were often excluded from community corrections placements. Examples are inmates who are elderly, retired, disabled, chronically ill, unable to work at paid employment, occupied in caring for their own young children or ill or disabled family members.

When such inmates are otherwise eligible, institutions are encouraged to refer them for direct placement on home confinement with special reporting requirements arranged by the CCM. Of primary concern is ensuring that the Bureau does not incur community medical costs.

7. REFERRAL TO COMMUNITY CORRECTIONS. Institution staff shall refer inmates for pre-release placement to the appropriate CCM, who, after reviewing the referral material, shall refer the case to the most appropriate program — CCC, Comprehensive Sanctions Center (CSC), home confinement program, or other community program.

An inmate may not apply for a particular community program. Once approved for a program, the inmate must agree to all required conditions of that program.

a. Referral Packet. Referral packets shall include the

Agreement, Home Confinement and Community Control (Attachment A), along with all materials required in the Program Statement on Community Corrections Center (CCC) Utilization and Transfer Procedure. An inmate who refuses to sign Attachment A may not be considered for participation in Community Corrections programs.

The referral should indicate the level of services anticipated, including:

(1) the appropriateness of placement in a home confinement program;

(2) the inmate’s residence and job or good job prospects to expedite placement on home confinement;

(3) the inmate’s need for placement in the more restrictive component of the CCC; and

(4) the inmate’s need for placement in a specialized program such as substance abuse treatment.

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b. CCM Review. Upon receiving each referral packet, the CCM

is to review the referral in light of the programming options available in the inmate’s release destination area.

Occasionally, a referral may indicate no obvious risk to the community and no need for CCC services (for example, a supportive family, a stable residence, confirmed employment (if employable), and a positive institutional adjustment). In such cases, the CCM may bypass a CCC and place the inmate directly on home confinement.

Conversely, higher risk inmates requiring extensive transition assistance may not be placed on home confinement at all, or placed only briefly following CCC placement.

c. Inmate Declination. An inmate who declines to participate

in a recommended home confinement program may be transferred to a more secure facility.

8. PLACEMENT ON HOME CONFINEMENT. Only the CCM may approve home confinement. The CCM shall notify the U. S. Probation Officer (USPO) prior to final approval of placement on home confinement and document that notification is in the file. General considerations are:

a. Program Selection. In some jurisdictions, home confinement

programs may be available through a U. S. Probation office, a contract CCC or under an Intergovernmental Agreement. The CCM shall select the program most likely to meet the inmate’s needs, giving consideration to such factors as cost effectiveness, geography, and other management variables.

Home Confinement Program requirements, including accountability and other supervision needs, are specified in Attachment B. The CCM must approve any modification to these requirements in advance.

b. Release Plan Verification. To approve a home confinement

placement, the CCM must have written verification of the release plan from either the USPO or the CCC, including:

(1) The planned residence, including assurance that it has telephone service without prohibited services listed in Attachment A;

(2) Adults sharing the residence with the inmate are aware of, and not opposed to, the inmate’s plan to participate in the program; and,

(3) Employment (for employable inmates). Release employment is desirable but not required.

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c. Inmate Requirements for Placement. To be placed on home

confinement, the inmate must sign the “Conditions of Home Confinement” BP-460(73) prior to placement. The CCM may permit “call waiting” on the telephone of inmates whose placement on home confinement is not electronically monitored.

(1) Medical and Dental Expenses. Inmates on home confinement programs are responsible for their own medical and dental care expenses. If they are unable, or if they refuse, to be responsible for such costs, they may be returned to a federal institution for evaluation and possible treatment. In an emergency, the provider may obtain the necessary medical treatment required to preserve the inmate’s health but must notify the CCM of such treatment within 24 hours.

(2) Subsistence Contributions. Home confinement residents are not required to pay subsistence.

d. Transfer Orders. When an inmate is being transferred from

a CCC to a home confinement program operated by an agency other than that CCC, the CCM shall prepare the Transfer Order to document the official transfer to home confinement. Otherwise, a Transfer Order is not required.

e. Inmate Needs. Inmates identified as needing other

community-based program activities such as mental health or drug treatment, shall normally be able to continue these programs when placed on home confinement. The CCM shall coordinate the continuation with the provider.

9. PROGRAM VIOLATIONS. The CCM shall ensure that each provider of home confinement services develops a system for handling violations of program rules which meets the “due process” criteria of Wolff v. McDonnell and includes provisions for

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dealing with minor infractions of program rules and with major violations that could result in the inmate’s termination from the program. The provider must report every violation to the CCM within 24 hours.

10. MODIFICATION OF PROGRAM REQUIREMENTS. Attachment B specifies the required frequency and nature of contacts required between the provider and the inmate.

After consultation with the provider and the USPO, the CCM, using sound correctional judgement, may permit modification to these requirements, based on the unique characteristics of each case. The CCM is encouraged to discuss potential modifications with the Management Center Administrator (MCA) and/or the CCRA.

Among the circumstances under which the CCM may typically consider modification are those where:

the inmate to travel; and/or

willingness to conform to all program requirements for a reasonable period (ordinarily two weeks minimum).

In any case, however, unless continuously signalling electronic monitors are used, the home confinement monitor must initiate telephone contact with the inmate no less than once each day at random times of the day.

11. PLACEMENT ON HOME CONFINEMENT FOLLOWING CCC PLACEMENT. CCCs provide transition services for inmates being released from institutions. When an inmate has employment and a place to live and has demonstrated that he/she no longer requires the level of accountability and services the CCC provides, the inmate may be placed on home confinement. For various reasons, some inmates may never progress to a level of responsibility which would warrant placement on home confinement.

12. PROCEDURES FOR DIRECT INMATE PLACEMENT ON HOME CONFINEMENT.

If there is a electronically monitored program available, an inmate who does not require CCC transitional services may be placed directly on home confinement from an institution.

a. Eligibility. Generally, an inmate may be considered

eligible for direct placement on home confinement if he or she:

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b. Placement. If the inmate’s plan is satisfactory, the home

confinement provider and the CCM shall establish the inmate’s placement date. The provider shall provide a written notification of the acceptance and the reporting date to the CCM, with a copy to the referring institution. The reporting date should be a weekday, and the inmate shall be required to report to the provider within 24 hours of reaching the release jurisdiction. The CCM shall notify the referring institution via SENTRY and provide instruction on when and where the inmate should report.

Institution staff shall prepare a Transfer Order to document the official transfer to home confinement. Institution staff shall also prepare the Authorized Unescorted Commitment and Transfer Card, BP-385, including the inmate’s picture and fingerprints, and forward it to the CCM at least two weeks prior to the placement. The CCM shall forward it to the appropriate USPO.

If an inmate is eligible for direct placement on home confinement, but an electronically monitored home confinement program is not available, the CCM and the provider shall arrange for an initial short placement (approximately two weeks) in a CCC to allow the provider to become acquainted with the inmate, orient him or her to the expectations of the program, and assure that the job and living arrangements are appropriate. After successfully completing that process, the inmate may be placed on home confinement with the CCM’s approval.

When problems arise during the orientation period which indicate direct placement on home confinement is inappropriate or should be delayed, the CCM shall delay such placement until the problems have been resolved.

13. SENTRY RECORDS. A waiting list has been established in SENTRY to allow CCMs to ensure that all inmates are considered for placement when eligible and reviewed regularly until placed.

A PP34 transaction will establish WLS category to indicate HC ELIG, and a TARGET FOR HOME CONFINEMENT will then be reflected on the PP42 and the PP44.

The CCM office uses a PP63 transaction to ensure all inmates in Bureau custody are tracked in SENTRY while on home confinement programs and have an ARS assignment reflecting that placement. Inmates assigned to Bureau provider programs shall have that provider’s home confinement program location code with an LOCG EQ TH**. Inmates assigned to U. S. Probation Service (USPS) programs shall be shown with LOCG EQ TH*U and a location indicating the judicial district. (As examples, the Southern District of Florida would be FFLS, and the District of Colorado would be FCO.)

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14. FORMS. Institution and Community Corrections staff are to duplicate forms locally.

15. DISTRIBUTION. In addition to normal distribution for Program Statements, copies of this Program Statement shall be available to inmates in inmate law libraries.

CCMs shall provide copies of this Program Statement to Chief USPOs and CCC contractors in their service areas.

\s\ Kathleen M. Hawk Director

BP-S548.073

SEP 1995

P.S. 7320.01

September 6, 1995

AGREEMENT

Attachment A, Page 1

HOME CONFINEMENT AND COMMUNITY CONTROL

I, , ,

Name Register Number

hereby agree to abide by the following Conditions related to my legal participation on home confinement.

I understand that my participation on home confinement will be an alternative to placement in a Community Corrections Center for no more than the last six (6) months or 10% of my sentence, whichever is less. I am aware that I will legally remain in the custody of the Bureau of Prisons and/or the U.S. Attorney General and that failure to remain at the required locations may result in disciplinary action and/or prosecution for escape.

I agree to report to my assigned probation officer or the contractor’s facility immediately upon reaching my release destination.

I understand that if I decline to participate in the recommended home confinement program I may face administrative reassignment out of the community corrections program.

I agree that during the home confinement period, I will remain at my place of residence, except for employment, unless I am given permission to do otherwise. I also understand that I will be required to pay the costs of the program based on my ability to pay.

I also agree to maintain a telephone at my place of residence without “call forwarding”, a modem, “Caller ID” or portable cordless telephones for this period.

I also agree that, if my confinement is to be electronically monitored, I will wear any electronic monitoring device required, follow procedures specified and will not have “call forwarding” on my telephone.

, Name Date

Staff Witness (Printed Name, Signature, Facility) Original to Central File. Copy to CCM.

P.S. 7320.01

September 6, 1995 Attachment B, Page 1

REQUIREMENT

FOR HOME CONFINEMENT PROGRAMS

I. The following procedures apply to all inmates who are approved for placement on home confinement.

1. The provider is not required to provide meals, medical treatment, clothing or incidentals, laundry services or other subsistence items to inmates on home confinement. 2. The provider shall maintain documentation of all staff contacts with inmates on home confinement.

3. The provider shall notify the CCM immediately of any misconduct or failure of an inmate on home confinement to comply with Home Confinement Conditions.

4. The provider is not required to reserve a bed at the center for an inmate on home confinement.

5. The provider shall collect 25% of each employed resident’s weekly gross income, rounded down to a whole dollar amount. Residents who are not employed, but who have other means of financial support shall contribute an amount determined appropriate by the provider and approved by the CCM. These fees shall be used to defray program costs. Individual subsistence collections shall not exceed the weekly cumulative contract per diem rate (i.e., the daily rate x 7). All funds collected from those in BOP programs shall be deducted from the monthly billings submitted to the BOP. In some cases, inmate subsistence contributions would cover the entire cost of home confinement. If the monitoring is provided by the USPO, subsistence collection shall not exceed the cost of the electronic monitoring equipment. The respective USPO shall instruct those in USPS-operated home confinement programs in the appropriate payment procedures.

6. An inmate serving a BOP sentence who fails to remain at the specified location may be considered an escapee. All escapes shall be immediately reported to the CCM.

7. Inmates on home confinement shall maintain a 9:00 P.M. to 6:00 A.M. curfew each day, unless an exception is recommended by the provider and approved by the CCM.

8. Drug and alcohol testing and counseling requirements shall apply to inmates on home confinement.

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September 6, 1995 Attachment B, Page 2

The following conditions shall apply to those programs that do not use electronic equipment to monitor compliance with II.

the conditions of home confinement.

1. The provider’s staff shall telephonically contact the inmate at random hours each day at home, at work, or both.

2. Staff shall visit inmates on home confinement at their homes and at their places of employment at least once each week.

3. Inmates on home confinement shall return to the facility at least twice each week for routine progress reviews, counseling, urine testing and other required program participation.

III. The conditions in Section II (above) also apply to those programs that do use programmed contact devices, and to those programs that use continuously signalling or hybrid devices that are not monitored 24 hours per day, 7 days per week.

Electronic equipment is a substitute only for the random telephone calls.

IV. The following conditions shall apply to those home confinement programs that: 1) voluntarily choose to come under these conditions, 2) use continuously signalling or hybrid devices (see definitions) and 3) monitor the output of the central computer and respond to violations 24 hours per day, 7 days per week.

1. The provider shall have an operations or procedures manual specifying the manner in which the program will operate. This manual shall be reviewed by the CCM, conform to the minimum standards specified below and serve as the basis for monitoring the operations of the home confinement program.

2. The provider’s operations/procedures manual shall include their plan of action when a violation is noted.

3. Provider staff shall have at least one in-person contact with the offender per week.

a. At least one contact each month shall take place

at the offender’s residence, and one at the place of employment.

b. All contacts shall be documented.

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September 6, 1995 Attachment B, Page 3

The following conditions shall apply to those programs that do not use electronic equipment to monitor compliance with II.

of continued employment and hours worked, verification of residence and of participation in any other required programs or treatment activities.

5. The provider shall review the inmate’s monthly telephone bill to ensure that it has been paid and that the service does not include call forwarding or other unauthorized services.

6. The inmate is expected to remain at his/her residence at all times except when he is at work, when traveling to and from work or when engaging in other approved activities. The provider’s plan may include some opportunity for the offender to earn a reduction in the hours during which activity is restricted.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026