Is an Individual Living In a Halfway House Or Home Detention Considered To Be Confined Or Incarcerated?

Award Year: 2023-24 KA-36652 Helpfulness Rating 86 page views

This guidance is specific to the 2023-24 award year and later.

No. According to SE-Q2/A1 on the U.S. Department of Education's (ED's) Prison Education Programs Questions and Answers website:

"The law specifically provides that an individual who is in a halfway house or home detention, or sentenced to serve only weekends, is not a confined or incarcerated individual.

For Federal student aid purposes, an individual is a “confined or incarcerated individual” if that individual is serving a criminal sentence in a Federal, State, or local penitentiary, prison, jail, reformatory, work farm, juvenile justice facility, or other similar correctional institution. If an otherwise-eligible student is not considered a confined or incarcerated individual, the individual qualifies for all Title IV programs, including Direct Loan funds, and is not required to be enrolled in an eligible PEP in order to receive Pell Grant funds."

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