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Dear friend,

I wanted to pass along a quick update to our families who have loved ones in federal prison. Many of you have called about one or both of these issues:

1. Home confinement. In the last days of the Trump administration, the Justice Department issued a surprising legal opinion that said some people on home confinement would need to return to federal prison when the COVID emergency ends. Please know that we are aware of this opinion and are working with the new administration and others to have it reversed. The Bureau of Prisons (BOP) is not at this time preparing to bring people back, and we do not expect the COVID emergency declaration to be called off anytime soon. While there are no guarantees, we feel reasonably certain that this last-minute opinion from the Justice Department will be changed. We will keep you updated.

2. Earned time credits under First Step Act. The Trump administration recently sought comments on a proposed rule governing how people in federal prison could earn credits through programming and other productive activities. FAMM submitted our comments at the close of the public comment period. Our view is that people should earn credits for every day that they participate in programming. We believe there is a chance that the new administration will pull back the rule proposed by the Trump administration and issue a new one, but we do not know yet. Some people have reached out to us about a couple of court cases in which judges have agreed with federal prisoners who argued that they should receive credit for current programming. We are not involved in any litigation. We cannot help anyone who wants to bring such a case in federal court, but will keep you posted on the rulemaking process.

I hope this information is helpful. Please share it with friends and families who might have concerns about either of these important topics.

Sincerely,

Kevin Ring
President, FAMM
1100 H Street NW | Suite 1000 | Washington, D.C. xxxxxx | Tel: (202) 822-6700
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