The Changing Landscape of Federal Detention
The First Step Act, combined with the Second Chance Act, created an unprecedented demand for rehabilitative housing that the Federal Bureau of Prisons (BOP) has not been able to meet. BOP does not directly operate residential reentry centers (RRCs, also known as halfway houses). Instead, they rely on community partners to own and operate such facilities under federal contracts.
Unfortunately, BOP has long struggled to identify and contract for a sufficient number of RRCs in areas of high need, and during my tenure at the BOP, I observed how operational limitations – including extended waiting lists for reentry programs and insufficient RRC availability – created bottlenecks in the federal system. However, local jails with available bedspace capacity could now be the solution to this systemic problem.
Current Policy Directions
The statutory requirements of the First Step Act and Second Chance Act created an obligation for the BOP to expand community placements. These Second Chance Act mandates have fundamentally shifted federal priorities toward community-based rehabilitation. This administrative priority aligns with increased funding allocations for local programs and streamlined application processes for partnership agreements. For sheriffs considering participation, the current environment offers favorable conditions.
Understanding Partnership Mechanisms
The U.S. Marshals Service Intergovernmental Agreements (IGAs) represent one established mechanism for local governments to participate in federal reentry efforts. These agreements allow local jails to house federal populations while accessing reimbursement structures authorized under 41 USC 353. This law specifically provides for cost recovery related to medical services, transportation, and facility operations (considered “related services”) when properly documented, creating sustainable funding streams for participating counties.
Strategic Value for County Systems
For local sheriffs, this evolving partnership model presents several strategic advantages. Jails can optimize underutilized work release space while maintaining their existing operational frameworks. Facilities with existing work release programs may find their infrastructure particularly well-suited to meet federal reentry requirements, especially those aligned with Second Chance Act programming goals.
Regional Implementation Considerations
The regional variation in reentry needs creates diverse opportunities for local systems. Rural jails often maintain available capacity that could serve federal populations from their regions, while urban facilities may have specialized programming that complements federal reentry goals. This geographic diversity means most counties can identify some competitive advantage in pursuing partnerships, whether through physical bedspace availability or existing community connections.
Conclusion: A Strategic Opportunity
With federal reentry capacity strained beyond sustainable limits and bipartisan commitment to rehabilitation stronger than ever, county jails have a historic opportunity to expand their role in the federal criminal justice system. For local sheriffs, this moment presents a chance to transform underutilized capacity into space for federal rehabilitation efforts. Early participating sheriffs stand to benefit from establishing themselves as reliable partners with proven capabilities, and jails that develop their capacity now will be best positioned for these evolving opportunities.
Hugh Hurwitz is a federal corrections specialist with expertise in detention administration and management. In May 2018, Attorney General Jeff Sessions appointed Mr. Hurwitz to serve as the Acting Director of the Federal Bureau of Prisons (BOP). Today, Mr. Hurwitz is an Advisor to JailGeek, INC. JailGeek provides data-driven solutions that help local jails optimize federal reimbursements through innovative detention management algorithms. Learn more at www.jailgeek.com.