The BOP May Be Expanding Home Confinement—But You Still Might Stay in Prison Longer

Glenn Hudson had already been home for months by the time the Bureau of Prisons issued its new directive expanding home confinement. He wasn’t surprised by the announcement. He also wasn’t waiting on it. That’s because Glenn didn’t spend his sentence guessing what policy changes might come. He spent it preparing for whatever version of release he’d be eligible for.

That decision made all the difference.

On May 28, the BOP announced it would prioritize placing individuals on home confinement as soon as they become eligible under the First Step Act and the Second Chance Act. The policy, championed by Trump-appointed BOP Director William Marshall III, appears to mark progress. But like every reform that comes through the federal system, the impact depends on what the prisoner has already done to prepare.

The people who benefit from this change won’t be the ones who complain. They’ll be the ones who documented.

I’ve seen what happens when people assume the BOP will figure it out for them. They hear about First Step Act credits. They believe they’ll get time off their sentence. They assume they’ll move to a halfway house, then home. But the new memo makes something clear: if the BOP believes you don’t need halfway house services, you won’t go to one. You’ll remain in custody until your statutory home confinement date arrives.

For example, a person with a 36-month sentence could earn 195 days through First Step Act programming. They’re also eligible for 101 days of home confinement under the Second Chance Act. In the past, those two categories often stacked. Now? Under the new guidance, the BOP may only apply the First Step Act credits—and leave you in federal prison until that exact day.

You won’t be released earlier just because the law changed. You’ll be released if the BOP believes you’re ready—and if your case manager has the documentation to prove it.

That’s what Glenn understood. Long before his release, he built a record that included:

  • Verified housing information from his family
  • A written job offer with contact details
  • Certificates from reentry, parenting, and vocational programs
  • A typed release plan summarizing his reentry steps and goals

He kept copies of everything. He submitted it in writing. He gave his case manager the materials months in advance. There were no questions left unanswered when the time came.

If you’re reading this and think policy will solve everything, ask yourself this: Would your Unit Team describe you as ready to leave prison today?

If you haven’t submitted a written release plan, the answer is no.

If you haven’t documented your participation in programs with certificates or course summaries, the answer is no.

If you haven’t provided contact information for your post-release residence, the answer is no.

The BOP’s announcement encourages staff to act sooner—but only if they have the information they need. Otherwise, they’ll wait. You’ll wait.

I’ve seen it too often. A person earns their credits, qualifies under the statute, and still gets held in prison because their paperwork was incomplete. They assumed the credits would take care of themselves. They assumed the system would reward them. But the burden is on you.

Glenn didn’t wait to be told what to do. He did the work. He did the work before anyone asked for it. And when the policy aligned with his eligibility, there was no delay.

This new directive may help many people. But it won’t help everyone equally. Those who benefit will be the ones whose records already show why they are worthy of leniency and placement in the community.

Are you doing the work that will convince your case manager, probation officer, and judge that you’re ready—or are you assuming policy will take care of it for you?

Join our next webinar. We’ll go step by step through what the BOP’s memo means, how to calculate your earned time credits, and exactly what to submit so you’re not stuck waiting when the system opens the door.

Justin Paperny

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