Legal Framework for Imposing Placement Into a Residential Reentry Center
Pretrial
The court has authority to issue an order of release or detention pending trial to a person charged with an offense.1 18 U.S.C. §§ 3141, 3142. If released, the person may be released on personal recognizance, upon execution of an unsecured appearance bond, or on a condition or combination of conditions set forth in 18 U.S.C. § 3142(c). 18 U.S.C. § 3142(a). Under 18 U.S.C. § 3142(g), the court must consider several factors in determining whether there are conditions of release that will reasonably assure the courtroom appearance of the person charged with an offense and the safety of any other person and the community.
The court may order halfway house placement as a condition of pretrial release under 18 U.S.C. § 3142(c)(1)(B)(xiii). Halfway house placement is an alternative to detention for individuals whose appearance cannot be reasonably assured and/or who may pose a danger to the community under less restrictive conditions.
Under 18 U.S.C. § 3152(a), the Director of the Administrative Office of the U.S. Courts must provide, by contract or otherwise, for the establishment of pretrial services in each judicial district. Pretrial services must operate or contract for the custody or care of persons on pretrial release, including residential halfway houses, addict and alcoholic treatment centers, and counseling services. 18 U.S.C. § 3154(4).
Post-Conviction
Probation
As an alternative to imprisonment, an individual may be statutorily eligible for probation.2 A sentence to probation may include mandatory conditions and/or discretionary conditions. See 18 U.S.C. §§ 3563(a)-(b); see also Overview of Probation and Supervised Release Conditions, available at https://www.uscourts.gov/services-forms/overview-probation-supervised-release-conditions; U.S.S.G. § 5B1.3. Placement into a RRC is an example of a discretionary condition of probation.
Prerelease Custody
Under 18 U.S.C. § 3624(c)(1), the BOP must, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for reentry into the community. Such conditions may include a RRC. The BOP has regulations in place to ensure that placement in a RRC is (1) conducted in a manner consistent with 18 U.S.C. § 3621(b); (2) determined on an individual basis, and (3) of sufficient duration to provide the greatest likelihood of successful reintegration into the community. 18 U.S.C. § 3624(c)(6). The United States Probation System must, to the extent practicable, offer assistance to a prisoner in prerelease custody under § 3624(c). 18 U.S.C. § 3624(c)(3).
Eligible prisoners who have earned time credit under the risk and needs assessment system developed under the First Step Act, Pub. L. 115-391, 132 Stat. 5149, may also be placed in prerelease custody, including release to a RRC. 18 U.S.C. § 3624(g)(2)(B). A prisoner who earns time credit under the risk and needs assessment system may be placed in prerelease custody if, under the system, the prisoner has been determined to be a minimum or low risk to recidivate for the past two reassessments. Alternatively, a prisoner who earns time credit under the risk and needs assessment may be placed in prerelease custody if they petitioned to be transferred to prerelease custody and the warden approved the petition after determining that the prisoner would not be a danger to society, the prisoner has made a good faith effort to lower their recidivism risk through participation in recidivism reduction programs, and the prisoner is unlikely to recidivate. Id. at § 3624(g)(1)(D). If released and placed in a RRC, the prisoner is subject to conditions imposed by the BOP. Id. at § 3624(g)(2)(B). The United States Probation System must, to the greatest extent practicable, offer assistance to a prisoner in prerelease custody under § 3624(g). Id. at § 3624(g)(2)(8).
Supervised Release
A term of supervised release after imprisonment may be required by statute or may be imposed at the discretion of the court. 18 U.S.C. § 3583(a). Under 18 U.S.C. § 3583(d), the court is permitted to impose the same discretionary conditions that are authorized under 18 U.S.C. § 3563(b) for probation. Under §§ 3563(b)(10) and (b)(11), the court may require a person under supervision to serve a period of time in a RRC as a condition of supervision.
The U.S. Sentencing Guidelines Manual also provides that non-incarceration sentences and “split sentences,” where an individual spends a portion of the sentence incarcerated and the remaining portion on supervised release with a community confinement condition, may be available to those whose sentence range falls under Zones A, B, or C of the Sentencing Table. See USSG, Sentencing Table; USSG § 5C1.1. For those in Zone B, the Guidelines suggest a sentence of imprisonment for least one month followed by a term of supervised release with a condition that substitutes community confinement, such as a RRC. For those in Zone C, the Guidelines provide that a person may spend at least half of the sentence imprisoned and the remaining time on supervised release with a condition that substitutes community confinement, such as a RRC. Id.
Intermediate Sanction for Supervision Noncompliance
If an individual violates a condition of probation, the court may, after a hearing and after considering the applicable factors provided in 18 U.S.C. § 3553(a), continue the individual on probation. 18 U.S.C. § 3565(a)(1). The court may also modify the conditions, including any RRC condition. Id.
Similarly, under 18 U.S.C. § 3583(e)(2), the court may modify the conditions of supervised release “at any time prior to the expiration or termination of the term of supervised release.” As part of such modification, the court may order the person under supervision to reside in a RRC.
Last Updated: March 2020
Explore the other sections of the Residential Reentry Centers Reference Guide.
1 The court is also authorized to release or detain a person who is a material witness. 18 U.S.C. § 3144.
2 Under 18 U.S.C. § 3561(a), “A defendant who has been found guilty of an offense may be sentenced to a term of probation unless (1) the offense is a Class A or B felony and the defendant is an individual; (2) the offense is an offense for which probation has been expressly precluded; or (3) the defendant is sentenced to a term of imprisonment at the same time for the same or a different offense that is not a petty offense.” The statutorily authorized terms of probation are one to five years for a felony, not more than five years for a misdemeanor, and not more than one year for an infraction. 18 U.S.C. § 3561(c).