Court Orders Release to HH or HC – The Admin. Remedy; §2241

Court Orders Release to HH or HC – The Admin. Remedy; §2241


UNITED STATES DISTRICT COURT OF KANSAS

Court Orders Release to HH or HC – The Admin. Remedy §2241

https://lnkd.in/ePekQV3F
A case for understanding The Administrative Remedy Process.
Respondent
· Petitioner was sentenced to a term of imprisonment of 120 months, with 60 months of supervised release,
· on projected good conduct time, petitioner would have a statutory release date of April 8, 2027;
· petitioner’s completion of a Residential Drug Abuse Treatment Program (RDAP.12/2023); his projected release date is now April 8, 2025.
· The BOP has applied 365 days of ETCs toward the petitioner’s release date and 445 days of ETCs toward time in a residential reentry center (RRC).
· Petitioner is eligible for placement in an RRC on September 4, 2024.
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Respondent and BOP,
  • Placement into an RRC is made to the extent that resources and bed space permit, and such placement is not required if no space is available.
  • The place of petitioner’s confinement falls within the BOP’s discretion, with which this Court has no authority – two statutes apply.
    • First, 18 U.S.C. § 3624(b) grants the BOP the authority to designate (transfer) confinement, and “a designation of a place of imprisonment under this subsection is not reviewable by any court.”
    • Second, the transfer of a prisoner to prerelease custody is addressed in 18 U.S.C. §3624. Subsection 3624(c).
(1) In general. – 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), which may include an RRC
(2) Home confinement authority. – The authority may be used to place a prisoner in home confinement for a shorter period of 10 percent of the term of imprisonment of that prisoner or six months. The BOP shall, when practicable, place persons in HC.
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The Court.
  • Respondent’s excuse for delaying petitioner’s transfer to an RRC is that bed space is not available
  • No such condition concerning bed availability is included among the requirements for eligibility under Section 3624(g),
  • …thus, immediate placement in prerelease custody is nevertheless required under Section 3632(d)(4)(C).3
  • In this case, it is clear that the BOP has no discretion to refuse or delay the transfer of the petitioner to prerelease custody.5
  • Respondent has not argued or provided evidence, however, that there is no available space for petitioner in any RRC
  • …the Court grants the petition for relief. The respondent and the BOP have been ordered to effect such a transfer.

This Court has determined that the BOP did not follow the law regarding its transfer decision involving the petitioner; thus, the Court has determined that habeas relief is appropriate.
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