Prisons may allow some inmates who were released to house arrest to prevent the spread of COVID-19 to remain there, according to a Tuesday decision from the Department of Justice.

The Bureau of Prisons does not have to reincarcerate more than 8,000 inmates who were released during the pandemic, reversing a January decision by the Trump administration that ordered the agency to return prisoners to brick-and-mortar facilities when federal emergency measures are lifted.

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The Office of Legal Counsel memo states the new reading of the order "does not require that prisoners in extended home confinement be returned en masse to correctional facilities when the emergency period ends."

"Thousands of people on home confinement have reconnected with their families, have found gainful employment, and have followed the rules," said Attorney General Merrick Garland. "We will exercise our authority so that those who have made rehabilitative progress and complied with the conditions of home confinement, and who in the interests of justice should be given an opportunity to continue transitioning back to society, are not unnecessarily returned to prison."

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About 36,000 prisoners were released to home confinement after COVID-19 killed several inmates in the early days of the pandemic. Many have completed their terms.