Q: When a judge denies a defendant home detention monitoring release can the prison override the judge decision
My husband served 13months before his trial date and at his psi hearing the judge denied home detention and ordered him 2 yrs incarceration but he is seeking to get home detention through the prison. Will he be able to get approved or classified for release although judge denied him home detention or will he have to serve the remaining time of the 2yrs. Case manager in the prison said he qualify for home detention monitoring release
A: Once a defendant is committed to the bureau of prisons, they may place the defendant in whatever facility is permitted by law to house prisoners within their system, and pay consider and grant any early release option provided for under the law, such as a halfway house, etc. if home monitoring is allowed as an option, then yes, but it would not likely happen until the end of the term or when he becomes eligible for parole.
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