Federal inmates battle mixed messages on home confinement

 She never thought her husband's punishment for selling drugs would be a death sentence.

24-year-old inmate suffers from severe asthma at medium-security South Carolina prison. He has tried and failed to get released to home confinement, while his wife on outside watches high-profile inmates go free.

“He is at a way higher risk and it’s t fair,” said woman, who spoke to Associated Press on condition of anymity because she feared her husband would suffer retaliation. "I don’t want to lose my husband for something he did years ago, to an illness he can’t help.”

Bureau of Prisons has given contrictory and confusing guidance how it is deciding who is released to home confinement in an effort to combat virus, changing requirements, setting up inmates for release and backing off and refusing to explain how it decides who gets out and when.

And it's unclear who is getting released, aside from high-profile inmates like

vocates fear same inequalities at play in criminal justice system are also a factor w. Most white-collar defendants get lighter sentences in less-secure facilities, making m better eligible for release in pandemic.

“se releases of wealthy, of white, are just a continuation of an institutional injustice that really begins more or less at time of arrest,” said Ron Kuby, a longtime New York criminal defense attorney who represented one of men wrongly convicted in Central Park jogger case.

More than 1,100 inmates out of about 153,000 incarcerated in federal prisons nationwide have tested positive for COVID-19, though it's t clear how many total inmates have been tested. As of Monday, 28 inmates h died.

In a statement, Bureau of Prisons said case manrs were “urgently reviewing all inmates to determine which ones meet criteria established by Attorney General.”

Some, like Cohen and Avenatti, have access to private attorneys who can help m go around federal officials and seek a judge’s order to set m free. request by Cohen, President Donald Trump's former lawyer, h been denied by a judge, but Bureau of Prisons eventually agreed to let him out. Avenatti, an attorney and frequent Trump critic, is free for 90 days from a federal jail as he awaits a fraud trial.

Former

nprofit groups are mustering pro bo lawyers, and at least 1,400 prisoners have requested help. But most inmates must rely on Bureau of Prisons to review ir case files and determine who might be eligible. A spokeswoman said all inmates in custody were being reviewed but those who believe y are eligible could also request home confinement.

asthmatic in South Carolina told his family he's been turned away multiple times when he asked if re was even a form he could fill out to be considered for release, according to his wife. With five kids at home, he’d be unable to afford a lawyer to try to ple his case to a judge.

“I have seen high-profile (inmates) get out right away,” she said. “Myself and my husband cant afford $20,000 for a lawyer to file a motion.”

Nearly 40% of estimated 10,000 inmates who are considered higher risk for COVID-19 — older, and suffering certain medical ailments — are serving sentences for violent crimes or sex offenses, making m ineligible for home confinement, according to Justice Department statistics.

But for or 60%, re is confusion and mixed messs. Staff members have been given contrictory guidelines that change frequently.

And ncy canceled early release of about 200 inmates. Many were alrey separated to undergo a 14-day quarantine before y could be sent home, and were abruptly returned to ir cells and told y longer qualified because guidelines h changed. y wouldn’t be released unless y served 50 percent of ir sentence, y were told.

DOJ stepped in and officials said after receiving clarity y would “expeditiously transfer all inmates to home confinement who were previously referred for home confinement.”

Bureau of Prisons w says ncy will prioritize release of those who have served half of ir sentence or inmates who have 18 months or less left and who served at least 25% of ir time.

Kevin Ring, president of Families Against Mandatory Minimums, a prison reform group vocating for release that is helping find pro bo lawyers, said starting with low-level offenders me sense, and high-profile inmates are grabbing helines because of ir toriety. But ors, like Rufus Rochell, a 68-year-old incarcerated for three deces on drug crimes, have also been released.

One entire facility — a low-security prison camp that often houses white-collar criminals in New York — is being essentially shut down. Officials moved all inmates into quarantine for release. That included Cohen.

In confusion, some federal judges have been stepping in.

Haena Park was ordered freed after serving about half of a three-year sentence for cheating 40 people out of $23 million. Bureau of Prisons approved home confinement but said it needed ar week.

U.S. District Judge Ronnie Abrams said she feared that leaving Park locked up could “convert a three-year prison sentence into a death sentence.”