Elderly Inmates Get Clearer Path to Home Detention: Safer Detention Act Extends Program, Streamlines Court Access

The “Safer Detention Act of 2025” is essentially an update to how the federal government handles elderly and terminally ill people serving time. Think of it as clearing out some bureaucratic roadblocks for folks who are seriously ill or have aged significantly while incarcerated, making it easier for them to transition to home detention or compassionate release.

Cutting the Red Tape for Home Detention

The biggest change under Section 2 is how quickly an eligible elderly or terminally ill prisoner can get their case in front of a judge. Right now, if the Bureau of Prisons (BOP) drags its feet on a home detention request, the prisoner has to exhaust a lengthy administrative appeal process before they can ask a court to step in. This bill changes that. Now, a defendant can file a motion with the court after the earlier of two dates: either after they’ve fully exhausted the BOP’s appeals, or just 30 days after they submit the request to the facility warden, even if the warden hasn’t responded yet. This is a crucial detail. It means the clock starts ticking quickly, preventing indefinite delays and giving the person a direct judicial path relatively fast.

Who’s Eligible for the Program Now?

This Act also tweaks the eligibility requirements for the home detention program, which it extends through 2029 (Section 2). Previously, an offender generally had to serve two-thirds of their sentence. The new rule is a bit more complex, requiring them to serve the greater of 10 years or two-thirds of their prison term. However, the bill specifies that this term is calculated after factoring in good conduct credit. This change makes the calculation clearer but potentially stricter for those with shorter sentences, while still allowing for good behavior to count toward eligibility.

There’s one other notable change: the bill adds offenses under the laws of the District of Columbia to the list of disqualifying criminal histories for this program. While the goal is to ensure only nonviolent offenders are released, this means some individuals who might otherwise qualify based on their age or terminal illness could be excluded due to a past D.C. offense.

Clarifying Compassionate Release for Older Cases

Section 3 addresses a technical mess in the compassionate release process, specifically for people convicted of offenses committed before November 1, 1987. These are often the oldest inmates in the system. The bill clarifies that these individuals can file a motion for compassionate release directly with the court under 18 U.S.C. § 3582(c)(1)(A). Similar to the home detention change, it sets a clear trigger date for when they can file: the earlier of fully exhausting BOP appeals or 30 days after requesting a sentence reduction from their warden. This removes confusing conditional language and ensures that even in these older, complex cases, the administrative process can’t be used to indefinitely sideline a request for judicial review.