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The Sentencing Project’s Executive Director Amy Fettig submitted comments to the Office of the Attorney General on behalf of The Sentencing project regarding the United States Department of Justice’s proposed rule on CARES Act Home Confinement.

The Sentencing Project values this rule’s assertion that Section 12003(b)(2) of the CARES Act allows individuals placed in home confinement under the CARES Act who would not otherwise be eligible for home confinement to remain there after the covered emergency period ends. We are concerned, however, that the rule’s absence of clear and evidence-based guidance regarding the Bureau’s “individualized assessments” as to whether such individuals should remain in home confinement following the termination of the covered emergency period will result in unnecessary and unjust
reincarceration.