Some Bureau of Prisons Shorts – Update for September 11, 2025

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

BOP WEEK

More Money: Under President Trump’s proposed 2026 federal pay raise, most federal employees will get a 1% across-the-board pay increase.  However, some federal law enforcement personnel will get an additional 2.8% pay increase (3.8% total) matching the planned military pay raise for 2026.

Last week, the Office of Personnel Management said that Bureau of Prisons correctional officers will be included in the 3.8% federal law enforcement 3.8% pay raise.

Federal News Network, OPM to create special salary rate for Trump’s planned law enforcement pay raise (September 3, 2025)

Appeals Hearing on Transgender Injunctions: A US Court of Appeals for the DC Circuit panel last week showed skepticism that it should overturn preliminary injunctions blocking President Trump’s executive order requiring the transfer of 19 federal prisoners who are transgender women to male prisons.

Last winter, a US District Court judge granted an injunction against the transfers, finding they would likely violate the 8th Amendment’s prohibition against cruel and unusual punishment.

Last week, a three-judge appeals panel heard administration arguments that the injunction against the January 20th executive order – that directed the Attorney General to bar people assigned male at birth from women’s prisons and ordered the BOP to revise gender-affirming medical care policies – should be lifted. A lawyer for the coalition of 19 trans women incarcerated in federal women’s prisons who had challenged their transfer to men’s prisons urged the panel to affirm the injunctions and prevent further sexual violence, telling the panel, “This isn’t about some abstract questions, philosophical debates. This is about the constitutional limits on prison officials’ ability to ignore known and serious violence risks.”

During arguments last week, Senior US Circuit Judge Raymond Randolph said that the BOP’s conduct in the case did not seem to follow the requirements set in Trump’s executive order. Randolph noted that a provision of the Prison Rape Elimination Act requires the BOP to ensure an inmate’s safety when considering a transfer to a new prison, which did not appear to be followed in several of the plaintiffs’ cases.

A decision on the case has not yet issued.

Doe v. Bondi, Case No. 25-5213 (DC Cir, oral argument September 5, 2025)

Courthouse News Service, DC Circuit dubious of Trump effort to send 19 trans inmates to male prisons (September 5, 2025)

Big Brother Will Be Watching:  The BOP is asking private industry and community groups to propose better ways to monitor prisoners on home confinement.

The BOP has requested feedback on whether technology, virtual supervision, and hybrid service models can serve as substitutes for traditional halfway houses and day-reporting centers by using biometric tools such as geofencing, video check-ins, and electronic bracelets as potential compliance measures. Some companies already market smartphone apps that use facial recognition and liveness detection, along with GPS-enabled wearables and geofencing dashboards.

The inquiry reflects longstanding strains in the prerelease system due to rising contractor costs, limited facility availability in rural areas, and growing demand for pre-release placements due to the First Step Act and Second Chance Act.

For corrections officials, biometric monitoring systems promise real-time accountability, scalability, and reduced staffing needs. Civil liberties advocates, however, see risks, having described electronic monitoring as a form of “digital imprisonment,” warning that malfunctions, restrictive rules, and intrusive data collection can turn homes into “e-carceration” sites.

Responses to the BOP solicitation for proposals are due by September 30th.

Biometric Update.com, Federal prisons turn to biometric monitoring for reentry programs (September 3, 2025)

~ Thomas L. Root