Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements

Authors

S. David Mitchell, University of Missouri School of LawFollow

Document Type

Article

Publication Date

Spring 2011

Abstract

Part I of this article details the Bureau of Prisons' rules and policies governing inmate placement, including the most recent iteration. Part II examines Chevron27 and the Bureau of Prisons' extraordinary justification exception rule. Part III turns to the threshold matter of obtaining judicial access to challenge the Bureau of Prisons' new rule, with Part III.A arguing that the federal courts should relax their standards when faced with exceptions to the exhaustion requirement and Part III.B arguing for the adoption of a federal public importance exception to the mootness doctrine. The article concludes that these changes will further Congress' dual purposes for passing the Second Chance Act: decreasing recidivism and increasing public safety.

Recommended Citation

S. David Mitchell, Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements, 16 Mich. J. Race & L. 235 (2011)