Bains v. Quay
| Decision Date | 27 October 2021 |
| Docket Number | Civil Action 3:21-cv-00353 |
| Parties | SUKHJIT BAINS, Petitioner, v. HERMAN QUAY, Warden of Allenwood Low Security Federal Correctional Institution, Respondent. |
| Court | U.S. District Court — Middle District of Pennsylvania |
REPORT AND RECOMMENDATION
On February 26, 2021, the petitioner, appearing through counsel filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1.) At the time of filing, Bains was incarcerated at FCI Allenwood Low, a federal prison located in Union County, Pennsylvania.
Bains is a federal inmate serving a 63-month prison sentence for possession with intent to distribute methamphetamine and possession of a firearm and ammunition by a convicted felon. He is currently expected to complete his active prison term on May 26, 2022-a date which includes the application of 283 days of earned and projected good conduct time credit. His sentence also includes a three-year period of supervised release, which will commence upon his release from active incarceration.
On December 21, 2018, the First Step Act (“FSA”) of 2018 was signed into law. Among other provisions, the FSA sought to incentivize federal inmates to participate in programs that had been demonstrated to reduce recidivism. It directed the BOP to develop and implement a risk and needs assessment system to assess the recidivism risk and criminogenic needs of all federal prisoners, and to place prisoners in recidivism reducing programs and productive activities to address their needs and reduce this risk of recidivism. The FSA required the risk and needs assessment system to be developed by July 19, 2019-210 days after enactment. See 18 U.S.C. § 3632(a). It required the BOP to complete screening of all prisoners and to begin assigning them to programming by January 15, 2020-180 days after the deadline for developing the risk and needs assessment system. See id. § 3621(h)(1). The BOP was given a two-year period-ending January 15, 2022-to phase in the entire program for all prisoners. See id. § 3621(h)(2). During this phase-in period, the BOP was instructed to provide priority to inmates based on the proximity of their release dates. See id. § 3621(h)(3).
Under the FSA, the BOP is required to provide incentives to prisoners who participate in and complete evidence-based recidivism reduction programs (“EBRR”), [1] including phone and visitation privileges, transfer to a prison closer to home, and other rewards. See id. § 3632(d). In addition, the FSA requires the BOP to provide time credits (“FSA time credits”)[2] to eligible prisoners who successfully complete EBRR or productive activities (“PA”).[3] See id. § 3632(d)(4). In relevant part, the statute provides that an eligible[4] prisoner:
18 U.S.C. § 3632(d)(4)(A).
In his two most recent assessments, Bains was found to be FSA eligible, and he was assessed at a low risk of recidivating. Thus, he falls within the category of FSA-eligible prisoners who earn 15 days of FSA time credits for every 30 days of successful participation in EBRR or PA.
Ordinarily-that is, independent of any earned FSA time credits- the BOP is authorized, in its discretion, [5] to assign a prisoner to serve the final months of his or her prison term, not to exceed twelve months, in “prerelease custody, ” where the prisoner is afforded re-entry programming to help him or her successfully transition back into the community. See 18 U.S.C. § 3624(c); 28 C.F.R. § 570.21. A prisoner may be designated to serve up to twelve months of prerelease custody in a residential re-entry center (“RRC”)-also known commonly as a “halfway house.” See 18 U.S.C. § 3624(c)(1); 28 C.F.R. § 570.21(a). Moreover, the prisoner may be designated to serve up to six months[6] of that prerelease custody in home confinement.[7] See 18 U.S.C. § 3624(c)(2); 28 C.F.R. § 570.21(b). Under this statutory and regulatory scheme, Bains was eligible for prerelease custody in an RRC as of May 26, 2020, and he is eligible for prerelease custody in home confinement as of November 26, 2021.
The enactment of the FSA has overlaid an alternative basis for a prisoner to be designated to prerelease custody.[8] Under the FSA, a prisoner is entitled to immediate placement in prerelease custody (either in an RRC or in home confinement) when he has earned FSA time credits in an amount equal to the remainder of his imposed prison term, provided he or she has been found to pose a minimum or low recidivism risk in his or her last two assessments. See 18 U.S.C. § 3632(d)(4)(C) () (emphasis added); id. § 3624(g)(2) () (emphasis added); id. § 3624(g)(1)(D)(i)(I) ().[9]Moreover, the time limits imposed by § 3624(c) do not apply to limit this non-discretionary period of prerelease custody based on FSA time credits. See id. § 3624(g)(10).[10] The parties have disputed calculation of the FSA time credits Bains has earned toward prerelease custody, but he is otherwise eligible for mandatory prerelease custody, either to an RRC or to home confinement, under these statutory provisions.
In addition, the FSA has provided an opportunity for a prisoner to obtain an early transfer to supervised release. Under the FSA, a prisoner is eligible to be released from confinement and to commence his or her term of supervised release up to twelve months early, at the discretion of the BOP, provided he or she has been found to pose a minimum or low recidivism risk in his or her last assessment. See id. § 3624(g)(3) () (emphasis added); id. § 3624(g)(1)(D)(ii) (). As we have noted above, the parties have disputed calculation of the FSA time credits Bains has earned toward early supervised release, but he is otherwise eligible to be considered for early supervised release under these statutory provisions.
The parties dispute calculation of the petitioner's FSA time credits. Bains claims to have accrued more than 400 days of FSA time credits, which would have entitled him to an immediate transfer to prerelease custody in October 2020. The BOP, on the other hand, claims that Bains has accrued approximately 60 days of FSA time credits, and thus he is not eligible for prerelease custody under the FSA until March 2022.
Bains entered into BOP custody and began serving his active prison sentence on January 16, 2019, shortly after the FSA was enacted. While incarcerated, Bains was employed with UNICOR full-time for three separate periods: (1) March 7, 2019, through October 16, 2019, while at FCI Terre Haute; (2) November 9, 2019, through January 6, 2020, while at FCI Allenwood; and (3) November 9, 2020, through January 19, 2021, while at FCI Allenwood.[11] Bains participated in and successfully completed RDAP on October 20, 2020. Bains also completed several educational and vocational programs: ACE[12] Customer Service Class, completed on February 14, 2019; ACE Introduction to Carpentry, ACE Food Safety Class, ACE Health Is Everywhere, ACE Introduction to Spanish, ACE Journalism Class, ACE Marketing Class, ACE Nutrition & Science Research, ACE Resume & Cover Letter, and ACE Stonesoup:
Start a Business, all completed on February 28, 2019; ACE Basic Math: Decimals, ACE Electrical Trade, ACE The Plumbing Profession, and ACE Sociology Class, all completed on May 9, 2019; VT Computer Apps, completed on July 12, 2019; and RHU Our Solar System, RHU Email Basics, RHU Checkbook Math, and RHU ASVAB Career Exploration, all completed on April 6, 2021. Bains also completed a recreation program: Exercise Physiology, completed on November 18, 2019.[13] Finally, Bains completed three BOP-designated PAs: Money SMART for Older Adults, Women in the 21st Century Workplace, and AARP Foundation Finances 50+, all completed on November 13, 2020.
Under the FSA, the petitioner has earned some number of FSA time credits for successful completion of the foregoing programming, but the parties dispute the amount of FSA time credit the petitioner has earned. This dispute with respect to computation of the petitioner's FSA time credits boils down to two discrete issues. First, the parties disagree on when the FSA authorizes an inmate's programming to be considered for the purpose of...
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