View Full Version : 10% Date & Home Confinement


CARLAxoxoxTODD
12-03-2002, 04:40 PM
Todd's case manager at the halfway house is willing to put him on home confinement. However, the BOP Regional Office in Sacramento said that Todd's ineligible until his 10% date (2/4/03).

Is there anything that can be done to get him on confinement prior to that? The Fed Tail is completely cut 3/11/03. Todd will not have Supervisory Release or probation after this date.

Anyone with info, or if you can point me in the right direction for answers, we would greatly appreciate this.

I know I've posted questions in the past and received zilch responses. This one is really important. So any assistance in this case would be GREATLY appreciatiated.

Thanks!

kintml2u
12-03-2002, 04:43 PM
Carla...I wish I could help but we have yet to make it half way! I do hope someone here will be able to assist you! That would be awesome if he can be at home...for you both!

David
12-03-2002, 04:49 PM
Carla,
I am sorry if I missed your post earlier. The answer to your question is pretty much No. :( My 10% date was much further out because I got full time at the 1/2 way house and had all of my good time. They had to keep me until I reached my 10% date. That day I went to home confinement.
As far as I know, there isn't anything that can be done. It's a hard and fast rule with them. Believe me, they 1/2-ass houses would rather send people home so they can get more bed space for new inmates, which equals more money! You still pay your full 1/2 way house fee even on home confinement! At least with Cornell in Houston, TX.
David

CARLAxoxoxTODD
12-03-2002, 04:53 PM
Thanks David....that's pretty much what I thought.

Thanks for responding so darn quick!

Molly
12-03-2002, 06:44 PM
I am somewhat confused by the 10% date as it pertains to the half way house--could someone clarify this for me? My husbands projected release date is 3/23/04 (this includes the good time--20 months for a 24 month sentance).

Also I just heard about something about a BOP directive--#7310.04 which speaks about half way houses and home confinement.

www.november.org has the following posted. Anyone have any information about this?

B.O.P. Program Statement 7310.04
Community Corrections Center (CCC) Utilization and Transfer Procedure (19 pages)

We have been repeatedly asked about the "new" deal where federal inmates serving the last part of their sentences can qualify for six months halfway house and six months home confinement. Yes, you can, the regulation embodied in program statement 7310.04 which reads in part:


18 U.S.C. 3621(b) provides:
"The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facilitythe Bureau determines to be appropriate and suitable." A CCC meets the definition of a "penal or correctional facility."
Therefore the Bureau is not restricted by 3624(c) in designating a CCC for an inmate and may place an inmate in a CCC for more than the "last ten per centum of the term," or more than six months, if appropriate. (emphasis ours)


Section 3624(c), however, does restrict the Bureau in placing inmates on home confinement to the last six months or 10% of the sentence, whichever is less. (emphasis ours)
In other words, yes you can by law be given both six months halfway house and six months home confinement. If you are in a prison like the one I'm in, however, staff treat P.S. 7310.04 like it's the secret to weapons grade plutonium. They have been doing this for a year now, for the usual obscure and probably punitive reasons, all contrary to law and their own program statement. If you wish to find out more about your lawful rights, get the program statement, and in a timely fashion make the proper overtures to your unit team. If you cannot wrest the program statement from the B.O.P., it can be had from the Internet at http://www.bop.gov/progstat/7310-04.html _ have a friend on the outside get a copy sent to you.


Thanks!

Molly

CARLAxoxoxTODD
12-03-2002, 07:34 PM
Now that's confusing. I would interpret that to mean that 10% is the lesser of the two for Todd.

robertegarrett
04-07-2007, 10:00 AM
check out the site below for a thorough legal discusssion of BOP's strict position on the 10%/6 month policy as contrasted with the more liberal position being taken in federal court. Also, home confinement is not considered iincarceration by BOP directives in their interpretation of 18 USC 3621(b) or 3624.
www.afda.org/afda/news/outline_halfwayhouse.pdf

SCMom
04-08-2007, 03:12 AM
Yall have me really confused! I was under the impression if you have a legitimate job and show your paycheck each week that you will get time off, even a weekend the very first week. Look at some of TXRhino's posts as his wife is in a HWH. Our town is small compared to some & we only have one HWH which I've heard stays overcrowded most times. Here:thumbsup: is hoping their time there won't be long (like my son's counselor has told him already) Good luck everyone!;)

SCMom
04-08-2007, 03:16 AM
Also, I've been told that HWH is considered as part of BOP incarceration. Why else would they have your projected release date on bop.gov?

sandra8376
04-10-2007, 04:37 PM
Weekend passes still have to be approved - even with the job & proof of pay. I remember one weekend after my husband was at the HWH that his weekend pass was denied because of stunts that others pulled in the HWH. Weekend passes aren't automatic...and yes, HWH is considered part of incarceration.

jodysjeepred
02-18-2009, 02:55 PM
Carla,
I am sorry if I missed your post earlier. The answer to your question is pretty much No. :( My 10% date was much further out because I got full time at the 1/2 way house and had all of my good time. They had to keep me until I reached my 10% date. That day I went to home confinement.
As far as I know, there isn't anything that can be done. It's a hard and fast rule with them. Believe me, they 1/2-ass houses would rather send people home so they can get more bed space for new inmates, which equals more money! You still pay your full 1/2 way house fee even on home confinement! At least with Cornell in Houston, TX.
David
how much do u pay per month?

Pnellwife3
02-18-2009, 11:05 PM
I heard that even when a person is on home confinement that they have to pay for thier time at the halfway house. Which I don't understand? but if the bop can make $$$$$ they will

MS1963
03-28-2009, 03:50 PM
My husband will bein HWH in Newark soon. There are men that have gond there before him that I am in contact with. They do not honor the 10% rule there if you are close to it or are past it. I just spoke to someone on Tuesday who got there on March 17th. He is within his 10% and they ahve not released him yet, for no good reason. He's 64 years old, has a job and a place to go when he gets out. My husband will also be 1 week inside his 10% date by the time he gets to HWH but I don't have any hopes that I will see him sooner than his BOP release date. He is a model inmate, his hwh date is late because his PO didn't file the paperwork at Ft Dix timely enough. There was no bed space at Toler house in Newark before April 7th even though he is eligible for home confinement on April 1st. Not sure how the BOP gets away with this.

toddslady
03-31-2009, 04:28 PM
You pay 25% of your gross pay every single paycheck. As was stated before, that remains the same even when you're on HC.