As previously discussed on The Federal Docket, the Biden administration has determined that, absent executive or legislative intervention, thousands of federal inmates on home confinement will have to return to prison when the pandemic ends. Last week, the New York Times reported that the Biden administration is considering at least one measure to keep some inmates out of prison and on home confinement for the duration of their sentences.
President Biden is reportedly considering using his clemency powers to commute the sentences of certain inmates on home confinement who were convicted of non-violent drug offenses. Among other criteria, the inmates must have less than four years remaining on their sentences. Other inmates would be excluded and, as things stand, expected to return to prison when the pandemic ends.