Civil rights groups press White House on clemency for inmates released during pandemic

Civil rights groups are pushing the White House for increased clemency for inmates released to at-home confinement as a result of the COVID-19 pandemic.

The effort attempts to halt the return of inmates who were released early as the Bureau of Prisons attempted to control the spread of COVID-19. Inmates released to home confinement had no history of violence, disciplinary problems in the past year or were considered low-risk. Some of those released also had health issues, according to a letter from the coalition.

“People who have successfully reintegrated into their communities and followed the strict rules of supervision should not be separated again from their families,” read the letter, which was signed by 29 groups including the American Civil Liberties Union, Color of Change and The Sentencing Project.

“Lives undoubtedly were saved, and only a tiny fraction of people in home confinement have been returned to prison for violating the rules of supervision,” it added.

Attorney General Merrick Garland has also questioned returning the inmates, Reuters reported.

“It would be a terrible policy to return these people to prison,” Garland said last month.

But the Justice Department may not have the legal power to allow the at-home sentences to continue when the state of emergency that began in March 2020 expires. While the Biden administration expects the pandemic to continue through the end of the year at minimum, it is unclear when that state of emergency will end. 

Of the released inmates, only low-level non-violent drug offenders who have 18 months to four years left on their terms can apply for clemency. The White House did not confirm how many of the 4,800 inmates currently confined at home were eligible to apply under this policy, Reuters noted.

The activists’ letter urged Biden “to grant clemency to everyone on CARES Act home confinement, not simply those who committed certain types of offenses or who have an arbitrary number of years remaining on their sentences.”

“This is an initial clemency review, consistent with the president’s campaign promise and it’s the starting point for our process, leaving the door open for other populations,” a White House official told Reuters.

The Hill has reached out to the White House for further comment.