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Administrative Remedy: The process

Petitioner: ALPHONSO WOODLEY

Respondent: The BOP

§ 2241
The BOP has agreed to the following facts.

· WOODLEY was sentenced to a term of imprisonment of 120 months, with 60 months of supervised release, after his conviction for a drug conspiracy offense.

· Based on projected good conduct time, April 8, 2027;

· However, because of Earned Time Credits (ETCs) and a completed Drug Abuse Treatment Program (RDAP), his PR date is now April 8, 2025.

· The BOP has applied 365 days of ETCs toward his release date and 445 days of ETCs toward time in a residential reentry center (RRC). He is currently eligible for placement in an RRC, and the BOP has notified him that he will be placed in an RRC in Tampa (his release location) on September 4, 2024.

· According to the BOP, placement to an RRC is made to the extent that resources and bed space permit, and it is not required if no space is available

· In response to the petition, The BOP argues that the place WOODLEY confinement falls within the BOP’s discretion, with which this Court has no authority to interfere. The BOP argues that two statutes apply here.
SHALL?
First,
· 18 U.S.C. § 3624(b) grants the BOP the authority to designate the place of a prisoner’s confinement and to transfer a prisoner to a different facility, not reviewable by any court.”
Second,

The transfer §3624. Subsection 3624(c) includes the following;

(1) In general. – The Director of the BOP shall spend a portion of the final months of that term (not to exceed 12 months), RRC …
(2) Home confinement authority. – The authority under this subsection may be used to place a prisoner in home confinement for a shorter period of 10 percent of the term of imprisonment of that prisoner or 6 months. The BOP shall,

(3) Section 3624 provides that the BOP must, to the extent practicable, ensure that a prisoner spends “a portion” of his final 12 months under conditions that will prepare him for reentry into the community.
Numerous courts have held that the BOP has no discretion to delay or refuse the transfer - transfer is mandatory.

· Dec. 22, 2023) (agreeing with the interpretation);

· Under a plain reading of this provision of the FSA, which includes the word “shall,” the BOP is required to transfer under Subsection 3624(g).
Numerous courts have held that transferring an eligible prisoner to prerelease custody is mandatory.

· IT IS THEREFORE ORDERED BY THE COURT THAT the petition for habeas corpus under 28 U.S.C. § 2241 is hereby granted and (WOODLEY) be transferred to prerelease within 30 days of the date hereof.
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