The opinion of the court was delivered by: Renee Marie Bumb United States District Judge
Petitioner Germaine Greene ("Greene"), a federal prisoner currently confined at the Federal Correctional Institution McKean at Bradford, Pennsylvania ("FCI McKean"), submitted a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241,*fn1 on or about April 21, 2010. He paid the filing fee on April 28, 2010.*fn2
The named respondent (hereinafter, the "Government") is Donna Zickefoose, Warden at FCI Fort Dix, where Greene was confined at the time he filed this petition. On June 9, 2010, counsel for the Government filed a response to the petition, including the relevant administrative record of the case (Docket entry no. 7). Greene filed a reply or traverse on July 6, 2010 (Docket entry no. 8). The Government filed a surreply on July 15, 2010, (Docket entry no. 9), to which Greene objected by letter dated July 29, 2010. (Docket entry no. 10).
Greene was transferred from FCI Fort Dix to FCI McKean in October 2010.
Because it appears from a review of the submissions and record that Greene is not entitled to relief, the petition will be denied.
Residential Re-Entry Center ("RRC") assignments are governed by 18 U.S.C. § 3624(c)(1), which was amended in 2007 by the Second Chance Act, Pub. L. No. 110-199, effective April 9, 2008. In essence, the Act extended the maximum amount of time that the Bureau of Prisons ("BOP") may place an inmate in an RRC from 180 days to twelve months.
Regularly referred to as the "Second Chance Act," the amended statute provides, in pertinent part:
(1) In General.-The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the re-entry of that prisoner into the community. Such conditions may include a community correctional facility.
(2) Home confinement authority.-The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.
... (4) No limitations.-Nothing in this subsection shall be construed to limit or restrict the authority of the Director of the Bureau of Prisons under section 3621.
(6) Issuance of regulations. The Director of the Bureau of Prisons shall issue regulations pursuant to this subsection not later than 90 days after the date of the enactment of the Second Chance Act of 2007, which shall ensure that placement in a community correctional facility by the Bureau of Prisons is-
(A) conducted in a manner consistent with section 3621(b) of this title;
(B) determined on an individual basis; and
(C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community.
18 U.S.C. § 3624(c). As noted in the statute, the BOP was ordered to issue regulations not later than 90 days after the date of the enactment of the Second Chance Act, to ensure that placement was conducted consistently with § 3621(b) of the statute, that the determination was individualized, and that the duration of placement was sufficient. Section 3621(b) states:
(b) Place of imprisonment. The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the ...