The CARES Act prison release program is closed to new placements. The Bureau of Prisons stopped making new home confinement transfers under CARES Act authority when the covered emergency period ended in 2023, and no federal inmate can be released under that provision today. People already living at home under CARES Act placements can stay there for the rest of their sentences if they remain compliant, under a Department of Justice Final Rule.1Federal Bureau of Prisons. Home Confinement Under the CARES Act For federal inmates seeking home confinement now, the working pathways are the First Step Act, the Second Chance Act, and, in narrower circumstances, compassionate release.
What the CARES Act Did While It Was Active
Signed into law on March 27, 2020, the CARES Act temporarily lifted a hard cap in federal sentencing law.2U.S. Department of the Treasury. About the CARES Act and the Consolidated Appropriations Act Under 18 U.S.C. § 3624, the BOP can normally place an inmate in home confinement only for the shorter of 10 percent of the total sentence or six months.3GovInfo. 18 U.S.C. 3624 – Release of a Prisoner Section 12003(b)(2) of the CARES Act let the BOP Director push far beyond that limit during the declared emergency, once the Attorney General found emergency conditions were materially affecting the Bureau’s operations.4Federal Register. Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Between March 2020 and mid-2023, the BOP placed more than 13,000 people in home confinement under that authority. Selection was not open to everyone. Inmates serving sentences for violent crimes, sex offenses, terrorism, espionage, or high-level drug offenses were generally excluded, and the BOP prioritized those with medical vulnerabilities identified by the CDC, a substantial portion of the sentence already served, and clean disciplinary records.5Federal Bureau of Prisons. Update on COVID-19 and Home Confinement
What Happens to People Already Placed Under CARES
The COVID-19 national emergency ended on May 11, 2023. That raised a real question for the thousands of people already living at home: if the expanded authority expired, would they be sent back to prison to finish sentences that had already run past the six-month or 10-percent cap?
The Department of Justice answered no. A Final Rule published in April 2023 and codified at 28 CFR 0.96(u) gives the BOP Director discretion to let compliant CARES Act placements remain home for the rest of their sentences, even after the emergency period ends.6Federal Register. Office of the Attorney General – Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act The BOP confirmed that any individual placed on CARES Act home confinement would remain there for the remainder of the sentence.1Federal Bureau of Prisons. Home Confinement Under the CARES Act The rule applies only to CARES Act placements. It does not affect people placed under other statutes.
Compliance still matters. Someone on CARES Act home confinement who commits disciplinary infractions or breaks the terms of supervision can be returned to a secure facility. The BOP reviews these situations individually.
How Federal Inmates Can Get Home Confinement Now
With the CARES Act path closed to new placements, home confinement today runs through permanent statutory authorities. Two matter most.
First Step Act Earned Time Credits
Eligible federal inmates earn time credits under the First Step Act by completing recidivism reduction programs and productive activities. Those credits can be applied toward early transfer to prerelease custody, which includes home confinement or a Residential Reentry Center.7Federal Bureau of Prisons. An Overview of the First Step Act Good conduct time is calculated and applied before earned First Step Act credits are added on top.8United States Sentencing Commission. First Step Act Earned Time Credits
Eligibility has limits. People serving sentences for violent offenses, terrorism, espionage, human trafficking, sex offenses, or high-level drug crimes cannot earn these credits, though they may still receive other BOP-designated benefits for program participation.7Federal Bureau of Prisons. An Overview of the First Step Act Even for eligible inmates, a PATTERN risk score that is too high can block credits from being applied unless the warden specifically approves it.8United States Sentencing Commission. First Step Act Earned Time Credits
The May 2025 Directive Expanding Home Confinement
In May 2025, BOP Director William K. Marshall III issued guidance directing staff to expand home confinement under both the First Step Act and the Second Chance Act. The directive treats home confinement as the default for eligible individuals who do not need the structured support of a Residential Reentry Center, and it places no cap on how many earned time credits can be applied toward home confinement.9Federal Bureau of Prisons. Federal Bureau of Prisons Issues Directive to Expand Home Confinement, Advance First Step Act
Unit teams are told to use projected earned time credits when planning prerelease referrals, so transfers happen as soon as someone becomes statutorily eligible rather than weeks or months later. Each decision is made individually based on the person’s needs, support systems, and readiness for reintegration.9Federal Bureau of Prisons. Federal Bureau of Prisons Issues Directive to Expand Home Confinement, Advance First Step Act
Compassionate Release Is a Different Thing
Compassionate release is often confused with CARES Act home confinement. They do different work. Home confinement changes where you serve your sentence. Compassionate release, under 18 U.S.C. § 3582(c)(1)(A), reduces the sentence itself. A federal judge must approve it, the court must find “extraordinary and compelling reasons” for the reduction, and the sentencing factors under 18 U.S.C. § 3553(a) must also be considered.10Office of the Law Revision Counsel. 18 U.S.C. 3582 – Imposition of a Sentence of Imprisonment
An inmate can file for compassionate release after either exhausting the BOP’s internal administrative remedy process or waiting 30 days from submitting the request to the warden, whichever comes first. If granted, the person is typically released to supervised release rather than remaining in BOP custody at home. For people with serious medical conditions who cannot use the First Step Act because their offense disqualifies them, compassionate release may be the only realistic option.
What Home Confinement Actually Looks Like
Home confinement is not release. It is a change of address for your cell. Participants must stay in the home during specified hours and may leave only for approved activities, which typically include work, medical appointments, religious services, and other pre-authorized outings.11Federal Bureau of Prisons. Home Confinement
Compliance is monitored electronically. The BOP typically uses a transmitter worn by the participant that signals a receiver in the home; if the person moves out of range or leaves during unauthorized hours, an alert goes to supervision staff.11Federal Bureau of Prisons. Home Confinement Violations carry real consequences. Failing to follow the approved schedule, visiting unapproved locations, tampering with monitoring equipment, or engaging in new criminal conduct can lead to sanctions up to full revocation and return to a secure facility.
Challenging a Home Confinement Denial
If the BOP denies home confinement, the Administrative Remedy Program provides a three-level appeal.12Federal Bureau of Prisons. Administrative Remedy Program
- Institution level (BP-9). Try to resolve the issue informally first, then submit a formal written request to the warden.
- Regional level (BP-10). If the warden’s response is unsatisfactory, appeal to the Regional Director within 20 calendar days of the warden’s signed response.
- Central Office level (BP-11). If the regional response is also unsatisfactory, appeal to the General Counsel at the BOP’s Central Office within 30 calendar days.
The BOP can extend its own response deadline by 20 to 30 days at each level.12Federal Bureau of Prisons. Administrative Remedy Program Working all three levels is not a formality. It is a prerequisite for filing a lawsuit in federal court challenging the BOP’s decision, and it is also the threshold that must be crossed before filing a compassionate release motion directly with a judge.