Work Release Program Eligibility.

Generally, ordinary state-style work-release opportunities do not exist for federal inmates. While the other pages of this website describe work release and work furlough as forms of temporary release from prison, federal furlough (as the third page clarifies) is a separate and distinct concept; and federal furloughs may, in limited circumstances, support training or institution work assignments and federal furlough share the same distinctions as state work release and state work furlough.

Generally speaking, in most states’ work-release programs, eligibility for such programs varies according to the applicable state law and local facility rules, and we suggest verifying local work-release eligibility requirements against the applicable policies and effective dates.

Depending on how they define “eligibility,” different sources of authorities use different sets of requirements to determine who qualifies for work release. So, as we have mentioned, we recommend verifying eligibility in the applicable statutes, regulations, and official agency guidance.

Again, as noted above, work-release eligibility is not a single set of rules, rather it varies from state to state and facility to facility. While this applies to inmates and the state programs available to them, federal inmates generally rely on separate avenues for work release benefits, such as training/work furloughs, home confinement, and compassionate release.

For example, if a federal inmate gets training/work furloughs, home confinement, and compassionate release, their eligibility will be determined based on separate sets of criteria. Thus, they are less likely to qualify for such program benefits if they are not meeting the necessary eligibility requirements.

Which Federal Release Paths Can Substitute for Ordinary Work Release?

For federal inmates, prerelease custody under 18 U.S.C. §3624(c) can serve as an alternative to the temporary release typical of state work release or state work furlough. Under §3624(c), this release can take the form of home confinement or placement in a residential reentry center (halfway house), among other possibilities.

Generally speaking, federal inmates become eligible for prerelease placement during a portion of the final months of that term, not to exceed 12 months, so, that depends on the applicable statutes and their effective dates and regulations.

Additionally, federal inmates who earn First Step Act (FSA) credits may be entitled to earlier placement into prerelease custody. Other eligible inmates may be eligible for early supervised release.

In addition to prerelease custody and First Step Act early release credits, the Bureau of Prisons (BOP) may grant furloughs to federal inmates in certain circumstances. These include:

Family Crises and Urgent Needs

• Death, illness, or injury of a close family member, requiring the inmate’s presence for care or probate;
• Attending their own or a close family member’s funeral, burial, or memorial service;
• Receiving or providing urgent medical care (e.g., for the inmate’s child);
• Resolving a family, housing, or property crisis;
• Dealing with a probate or legal matter; or,
• Responding to a family situation necessitating the inmate’s presence.

Legal Matters, Facility Transfers, and Other Court-Related Events

• Appearing at one’s own court hearing or a hearing related to the inmate’s previous conviction/conviction proceedings;
• Facilitating a facility transfer; or,
• Participating in an event related to the inmate’s prior conviction or proceedings for a federal violation.

Rare and Exceptional Circumstances

In rare and exceptional circumstances, federal BOP furloughs may also be granted for purposes such as:

• Religious activities (if the inmate is not able to practice their faith within the facility);
• Pursuit of outside vocational or educational opportunities (if those opportunities are not available within the facility); and,
• Building and maintaining family and community ties.

Eligibility for these forms of temporary release depends on the applicable federal statute and BOP policy; security classification is one relevant factor.

As mentioned above, federal work release and state work release/furlough are different. As mentioned, work-release eligibility is not a single set of rules; instead, it varies according to whether it is in state or federal prison, and it will vary further depending on the specific program in question.

When Can Age, Health, or Treatment Reduce Federal Custody?

Under federal law, inmates may be eligible for compassionate-release sentence reductions. If you think you are eligible, we recommend filing a motion with the U.S. District Court. Under 18 U.S.C. §3582(c)(1)(A), federal inmates can also seek compassionate release by request. If federal inmates take this route, they cannot file in the District Court until after fully exhausting all administrative rights to appeal the BOP’s failure to bring a motion or 30 days after receipt of the request by the warden, whichever is earlier.

When evaluating a compassionate-release request, whether under 18 U.S.C. §3582(c)(1)(A)(i) or under a rule, statute, or treaty, the court will take into account the following factors:

• The facts and circumstances surrounding the offense committed,
• The defendant’s criminal history,
• Whether the defendant presents a danger to the community,
• Whether there are pending charges against the defendant in another jurisdiction,
• Any disciplinary history while in the Bureau of Prisons,
• The defendant’s record of rehabilitation and efforts to participate in programs available in the Bureau of Prisons, and,
• The nature and seriousness of the medical condition (if applicable).

Additionally, under 18 U.S.C. §3582(c)(1)(A)(ii), if a qualifying inmate is at least seventy (70) years old, has served at least thirty (30) years in prison pursuant to a sentence imposed under 18 U.S.C. §3559(c), and the Director of the Bureau of Prisons has determined that the inmate is not a danger to the safety of any other person or the community, the inmate may seek a sentence reduction. These federal inmates may file their motions in the U.S. District Court on their own or with the help of a lawyer.

“I am a straight shooter,” Todd Spodek says of his own practice. “I tell clients exactly where their case stands.”

How Do State Programs Screen Work-Release Applicants?

As we can see in Ohio, availability for work-release programs generally depends on:

(i) the specific facilities available in the county where the trial was held;

(ii) policies, regulations, and practices specific to the county where the trial was held; and,

(iii) the practices of the court that sentenced the individual.

For example, among participants who are part of an Ohio work-release program, leave is permitted generally only to go to a verified place of employment and back.

As we see in Virginia, Virginia Code § 53.1-131(C) is the key statute permitting courts to assign qualifying individuals to a work-release program. This statute is just one of several Virginia statutes that address matters related to sentencing.

For instance, the Prince William County Sheriff’s Department states:

“1. Any person who has been sentenced to confinement in the Adult Detention Center and is classified as minimum custody is eligible providing that other criteria are met, unless objected to by the sentencing court or Virginia Department of Corrections.

Must Have

1. Must have established ties to the community.

2. If incarcerated, must have a good jail adjustment.

3. Must be honest and forthcoming during the screening/interview process.

4. Must be legally eligible to work in the United States. (Non citizens must have original Resident Alien or other Federal work eligibility certificate) Green Card/Work Permit”

Conversely, the PWC Sheriff’s Office continues:

“Must Not Have

1. Not eligible if convicted of a violent felony in the last 5 years.

2. Not eligible if currently sentenced for, or charged with a violent felony.

3. Must not have a history of sexual or violent crimes.

4. Must not have open charges or detainers. Maybe considered if bonded on open charges. After trial date must meet eligibility requirements.

5. Not eligible if, in the opinion of the Adult Detention Center, the subject’s placement would present a threat to the program or the community.

6. Must not have current or past psychological, psychiatric, emotional, or mental illness which, in the opinion of the Adult Detention Center presents a threat to the community.”

How Can Families Verify and Challenge a Federal Release Decision?

As we have noted, the research included on this page does not establish the First Step Act’s complete statutory offense-exclusion list, and calculating earned credits can be complex. The First Step Act establishes earning opportunities for good time and FSA credits, and this includes statutory offense exclusions and rules regarding the calculation of earned time credits.

While federal inmates can seek administrative remedies for all types of confinement issues, access to programs, facility transfers, and medical care, the federal Bureau of Prisons (BOP) has a relatively narrow Administrative Remedy Program. The program consists of four stages: the BP-8, BP-9, BP-10, and BP-11. At these stages, inmates can file requests for administrative relief and formal appeals through the BOP’s Administrative Remedy Program, culminating in a BP-11 appeal to the BOP’s Central Office.

Generally speaking, federal inmates must exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA) before bringing an action concerning prison conditions covered by the PLRA. This includes filing a request with the BOP and, if unsuccessful, going through the appeals process.

However, a federal tort claim generally must be exhausted by first presenting the claim to the appropriate federal agency before proceeding with litigation. With that said, the other forms of administrative relief for federal inmates may need to be exhausted prior to litigation to satisfy the conditions of the Prison Litigation Reform Act.

Our attorneys are available to review and, if necessary, help you challenge a federal BOP transfer or confinement decision under a federal lawsuit, though they will only do this after all relevant administrative remedies have been exhausted as required by the Prison Litigation Reform Act.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.