How vulnerable the inmate is to the virus

The age and vulnerability of the inmate to COVID-19, in accordance with the Centers for Disease Control and Prevention (CDC) Guidelines.

How much security the inmate requires

The security level of the facility currently holding the inmate, with priority given to inmates residing in low and minimum-security facilities.

Violations and violent/gang-related activities in prison

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 the Memorandum.

The inmate’s PATTERN score

The inmate’s score under PATTERN (the Prisoner Assessment Tool Targeting Estimated Risk and Needs, developed by the US Department of Justice after the First Step Act of 2018), with inmates who have anything above a minimum score not receiving priority treatment under the Memorandum.

Risk of repeat offenses and public safety conditions

Whether the inmate has a demonstrated and verifiable re-entry plan that will prevent recidivism and maximize public safety, including verification that the conditions under which the inmate would be confined upon release would present a lower risk of contracting COVID-19 than the inmate would face in their BOP facility.

The inmate’s conviction

The inmate’s crime of conviction, and assessment of the danger posed by the inmate to the community. Some convictions, such as those involving sex offenses, will render an inmate ineligible for home detention. Other serious offenses should weigh more heavily against consideration for home confinement.

Before transferring to home confinement, granted inmates will be placed in mandatory 14-day quarantine. The March memo originally subjected those released to location monitoring services and (if ordered by the court) subject to supervised release, but AG Barr has recently authorized the BOP to “transfer inmates to home confinement even if electronic monitoring is not available, so long as the BOP determines… that doing so is appropriate and consistent with our obligation to protect public safety.”

It’s safe to say, this influx of home confinement will likely have a big impact on the rental housing industry. Both during the pandemic, but after it as well.

The BOP shows there are 174,837 people in federal custody, but out of the roughly 2 million incarcerated in the U.S. most are incarcerated in state prisons and local jails. As local governments grant inmates early release, it’s important to understand that the factors that make an inmate eligible for release are changing every day and vary from state-to-state.

Releases Are Happening on the State Level Too

Since March, local and state governments have argued and battled over whether to release prisoners early in fear of a coronavirus outbreak. While Arizona’s Governor Doug Ducey has flat-out said no, other states have gone back and forth on who would be eligible and how many prisoners would be enough to skirt a potential health crisis. Some have already granted inmates early release.