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Delegations to the Director of the Bureau of Prisons: CARES Act home confinement

Holding or rule used

§ 0.96(u)(1): during the CARES Act 'covered emergency period,' when the Attorney General determines emergency conditions will materially affect BOP functioning, the Director may lengthen the maximum home-confinement period under 18 U.S.C. § 3624(c)(2) as the Director determines appropriate.
§ 0.96(u)(2): after the covered emergency period, the Director may permit a prisoner placed in CARES Act home confinement who is not otherwise eligible under separate authority to remain there for the remainder of the sentence, as the Director determines appropriate, provided the prisoner complies with all conditions of supervision; on a violation, staff may return the prisoner to secure custody or use progressive discipline under the RRC contract, including RRC or contract-facility placement.
§ 0.96(u)(3): paragraph (u) concerns only CARES Act home-confinement placements and has no effect on any other inmate.

Delegation of authority to the BOP Director; it confers discretion, not an entitlement, and does not address judicial review.

Paragraph (u) added by Order No. 5641-2023, 88 FR 19839 (Apr. 4, 2023). Read in full from eCFR Title 28 up to date as of 2026-10-28.