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End Of CARES Act Home Confinement Is Near For Many Federal Prisoners

March 31, 2023

By Walter Pavlo - Forbes

The United States Senate voted Wednesday to terminate a COVID-19 pandemic ​national emergency order which had recently been extended by President Joe Biden. The CARES Act was set to expire on May 11, 2023 but with Biden expected to sign this law, will mean it will expire sometime in early April 2023.

According to a statement that the Biden administration made to Roll Call, “The President strongly opposes H J Res 7, and the administration is planning to wind down the COVID national emergency and public health emergency on May 11,” a White House official said Wednesday. “If this bill comes to his desk, however, he will sign it.”

The CARES Act defines “covered emergency period” as “the period beginning on the date on which the President declared a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) and ending on the date that is 30 days after the date on which the national emergency declaration terminates.”

The Bill itself is very short, only one sentence, which states, “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergency declared by the finding of the President on March 13, 2020, in Proclamation 9994 (85 Fed. Reg. 15337) is hereby terminated.”

The Bureau of Prisons’ (BOP) Office of Public Affairs provided a statement regarding this new Bill that “... the “covered emergency period” begins the date the President declared a national emergency with respect to COVID-19 and ends 30 days after the date on which the President terminates the national emergency.” Thirty days after the the signing of this law by the President, sometime around May 11, 2023, CARES Act home confinements will no longer be allowed, ending one of the most successful programs of prisoner integration back into society.