The Second Chance Act (SCA)
With the passage of the First Step Act in 2018, Congress also expanded upon the Second Chance Act (SCA), originally passed in 2008, to broaden reentry services and programs for incarcerated individuals.
The intended purpose was to reduce prison populations by transferring inmates, to residential reentry centers (RRCs) or home confinement, faster and for longer stretches to serve out the remainder of their sentences.
The implementation has been less desirable though and has resulted in shorting incarcerated individuals on time in the community and keeping them longer at institutions because of bed space issues at the RRCs.
The SCA addresses TWO key
prerelease custody issues:
An individual's reentry to the community
SCA mandates that the Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community.
Residential Reentry Centers, also referred to as halfway houses, are step down centers that house recently transferred pre-release individuals to help them reintegrate into the community.
Nationwide there are approximately 159 RRCs, with 23 Residential Reentry Management offices providing oversight. The majority of RRCs are private contractors with contracts with the BOP.
However, some states have no RRCs or only have 1 RRC, which presents logistical challenges and bed space availability issues. As a result, individuals recommended for longer periods at RRC placements, may be short changed and have to remain longer at their actual institutions before transferring to pre-release custody.
Additionally, transferring to a RRC does NOT equate to being “out-of-custody”. The RRC is still governed by the Bureau of Prisons rules and regulations. Incident reports and disciplinary sanctions can still be imposed. Except for employment, participation in religious activities approved recreation, program needs, community programs, and emergency situations, individuals are restricted to the RRC. This applies to individuals on home confinement too.
An individual's transfer to home confinement
SCA 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. The SCA again charges 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 allowed.
Home confinement is considered the last phase of confinement before one’s release when they are fully “out-of-custody”. It can be equally restrictive though.
Individuals on home confinement are subject to stringent rules, and disciplinary violations may result in sanctions, such as even being returned to the correctional institution.Here at Patronus Prison Consulting, our aim is to help individuals navigate their way towards the door to release, by providing them with practical and actionable information, to alleviate many of their concerns and answer their questions as they traverse this last stage.
Navigating Reentry
Why Patronus is right for you
An incarcerated individual's transition from a federal correctional institution or satellite prison camp to a Residential Reentry Center or Home Confinement can be anything but seamless, as the practical reality reveals a system fraught with the ingrained institutional misapplication of what the First Step Act and Second Chance Act demand.
At Patronus Prison Consulting, we are dedicated to assisting clients in resolving these administrative and logistical minefields as well as providing essential guidance and support tailored to each client's unique situation.
Our expertise lies in demystifying the processes associated with incarceration and reentry, ensuring that our clients are well-informed and prepared for the challenges ahead. Through compassionate support, practical information, and legal insights, we aim to reduce uncertainty and alleviate the burdens faced by those affected by incarceration.