@ffire nf the Garnet-a! G. 2(15311 March 26. 2020 MEMORANDUM FOR DIRECTOR OF BUREAU PRISONS FROM: THE ATTORNEY GENERAL WW SUBJECT: Prioritization of Home Con?nement AS ADDropriate in Response to Pandemic Thank you for your tremendous service to our nation during the present crisis. The current situation is challenging for us all, but I have great con?dence in the ability of the Bureau of Prisons (BOP) to perform its critical mission during these dif?cult times. We have some of the best-run prisons in the world and I am con?dent in our ability to keep inmates in our prisons as safe as possible from the pandemic currently sweeping across the globe. At the same time. there are some at-risk inmates who are non-violent and pose minimal likelihood of recidivism and who might be safer serving their sentences in home con?nement rather than in BOP facilities. I am issuing this Memorandum to ensure that we utilize home con?nement, where appropriate, to protect the health and safety of BOP personnel and the people in our custody. I. TRANSFER OF INMATES TO HOME CONFINEMENT WHERE APPROPRIATE TO DECREASE THE RISKS TO THEIR HEALTH One ofBOP?s tools to manage the prison population and keep inmates safe is the ability to grant certain eligible prisoners home con?nement in certain circumstances. I am hereby directing you to prioritize the use of your various statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing pandemic. Many inmates will be safer in BOP facilities where the population is controlled and there is ready access to doctors and medical care. But for some eligible inmates, home con?nement might be more effective in protecting their health. In assessing which inmates should be granted home con?nement pursuant to this Memorandum. you are to consider the totality of circumstances for each individual inmate. the statutory requirements for home confinement, and the following non-exhaustive list of discretionary factors: 0 The age and vulnerability of the inmate t0 in accordance with the Centers for Disease Control and Prevention (CDC) guidelines: Memorandum from the Attorney General Page 2 Subject: Department of Justice COVID-19 Hoarding and Price Gouging Task Force 0 The security level of the facility currently holding the inmate, with priority given to inmates residing in low and minimum security facilities; 0 The inmate?s conduct in prison, with inmates who have engaged in violent or gang- related activity in prison or who have incurred a BOP violation within the last year not receiving priority treatment under this Memorandum; The inmate?s score under PATTERN, with inmates who have anything above a minimum score not receiving priority treatment under this Memorandum; 0 Whether the inmate has a demonstrated and veri?able re-entry plan that will prevent recidivism and maximize public safety, including veri?cation that the conditions under which the inmate would be con?ned upon release would present a lower risk of contracting than the imnate would face in his or her BOP facility; 0 The inmate?s crime of conviction, and assessment of the danger posed by the inmate to the community. Some offenses, such as sex offenses, will render an inmate ineligible for home detention. Other serious offenses should weigh more heavily against consideration for home detention. In addition to considering these factors, before granting any inmate discretionary release, the BOP Medical Director, or someone he designates, will, based on CDC guidance, make an assessment of the inmate?s risk factors for severe illness, risks of at the inmate?s prison facility, as well as the risks of COVID-19 at the location in which the inmate seeks home con?nement. We should not grant home con?nement to inmates when doing so is likely to increase their risk ofcontracting COVID-19. You should grant home con?nement only when BOP has determined?based on the totality of the circumstances for each individual inmate?that transfer to home con?nement is likely not to increase the inmate?s risk of contracting COVID-19. II. PROTECTING THE PUBLIC While we have an obligation to protect BOP personnel and the peeple in BOP custody, we also have an obligation to protect the public. That means we cannot take any risk of transferring inmates to home con?nement that will contribute to the spread of OVID-19, or put the public at risk in other ways. I am therefore directing you to place any inmate to whom you grant home con?nement in a mandatory 14-day quarantine period before that inmate is discharged from a BOP facility to home con?nement. Inmates transferred to home con?nement under this prioritized process should also be subject to location monitoring services and, where a court order is entered, be subject to supervised release. We must do the best we can to minimize the risk of to those in our custody, while also minimizing the risk to the public. I thank you for your service to the country and assistance in implementing this Memorandum.