A federal judge, Timothy Kelly, has temporarily denied a plea to prevent the transfer of former death row inmates, whose sentences were commuted by President Biden, to the high-security “Supermax” prison in Colorado. The ruling came in response to a lawsuit filed by 21 of the 37 inmates who had their sentences changed to life without parole. Judge Kelly determined that the inmates must first exhaust their administrative appeals within the Bureau of Prisons (BOP) regarding their transfers before the court could intervene.
The BOP has stated it will not transfer any of the inmates until at least the end of May, implying compliance with the judicial decision. Nearly all affected inmates currently reside in Terre Haute, Indiana, where the federal government’s death chamber is located. Following the Trump administration’s execution spree, the Biden administration opted to halt federal executions.
The American Civil Liberties Union (ACLU), which represents the plaintiffs, argues that the inmates can be safely housed elsewhere, and criticized the transfer hearings as ineffective, asserting that the decisions were predetermined based on a “security threat” classification. The inmates contest that they are not violent and have good disciplinary records, fearing extreme isolation if transferred to the Supermax, which houses notable criminals.
Conversely, the government maintains that the BOP has the authority to designate inmate placements and that the Supermax offers certain benefits, such as programs rewarding good behavior. Judge Kelly noted that the traditional operational practices of the BOP should be respected, but warned that any premature transfers before the appeals conclude would raise significant concerns about the decision-making process within the BOP.
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