Archive 12/10/2023

USING EMAIL⌨ AND PHONES ☎️IN FEDERAL PRISON: A STEP-BY-STEP GUIDE

By inDr. M Blatstein's Blog

TRULINCS EMAIL

The Rules for Email are set in The BOP Program Statement P5265.13.

  • TRULINCS: email Sent From someone in the BOP.
  • CORRLINKS: email Received either by persons outside of prison, or with the Warden’s Permission, other inmates in different facilities.

 

“TRULINCS” is charged based on $0.05/ minute, with the funds removed from your Commissary Account. This includes all of your time “On The System;” no matter whether you are reading a message, typing, or printing (at 0.15 cents per page).

    • Your maximum time is 30 minutes, and then you must wait another 30 minutes before logging back on if there is a computer free.
    • Minutes are sold in lots ranging from 40 to 600.
    • Messages can be ~ 2000 words or 13000 characters (and you will see a “countdown timer” in case you lose track).
    • Everything is plain text, with no special symbols; nothing fancy.
    • There is No Message Forwarding, but you can send a message to multiple persons at one time. If you are found to be forwarding messages, at minimum you may have restrictions put on your usage of the system.
    • Printing messages cost 15 cents per page.
    • An inmate could be restricted from TRULINCS (the public messaging system) in the following circumstances:
      • The person has a history that threatens institutional security or the public.
      • A prisoner is under investigation for Disciplinary Violations related to TRULINCS, or Corrlinks abuse or misuse.
      • Disciplinary sanctions have restricted the person from emailing for a specific period.
      • When there are particular email or sexual offense criminal charges.

CORRLINKS: No forwarding any message to third parties!

USING TRULINCS

  • Is considered a privilege; therefore, the Warden or other authorized representative may limit or deny that privilege to any person.
  • Individual inmates may be excluded from program participation as part of classification procedures, where the Warden makes the final determination.
  • All incoming and outgoing electronic messages, including transactional data, message contents, and other activities, are monitored and retained. [FYI: all that you do is monitored in prison, please don’t try to outsmart them.]
  • BOP staff can reject individual messages sent to or from inmates using TRULINCS that jeopardize the institution’s interests.
  • Each inmate’ acknowledges, and voluntary consent must be documented on the Inmate Agreement for Participation in TRULINCS Electronic Messaging Program Form (BP-0934).

 

TRULINCS RESTRICTIONS

  1. When it is determined that their use would threaten the safety, security, or orderly running of the institution or the protection of the public and staff.
  2. A Public Safety Factor – Sex Offender, does not automatically exclude them from participation.
  3. Pending Investigation or Disciplinary Action for Possible Messaging (TRULINCS) Abuse or Misuse. A messaging restriction in this situation is discretionary to ensure the institution’s safety, security, and orderly operation, or the protection of the public and staff.

 

YOUR CONTACT LIST

  • Inmates may only exchange electronic messages with persons in the community who have accepted the inmate’s request to communicate.
  • Attorneys, “special mail” recipients, or other legal representatives on their electronic message contact list, with the acknowledgment that electronic messages exchanged with such individuals will not be treated as privileged communications and will be subject to monitoring.
  • Inmate to Inmate Communication. An inmate may be permitted to correspond via electronic messaging with an inmate confined in any BOP facility if the other inmate is either a member of the immediate family or is a party or witness in a legal action in which both inmates are involved. The following additional limitations apply:
    • The appropriate Unit Manager at each institution must approve in writing the correspondence if both inmates are members of the same immediate family or are a party or witness in a legal action in which both inmates are involved.
    • The Warden will be informed of any unusual circumstances about a request to correspond electronically for members of the same immediate family or for inmates who are a party or witness in the same legal action.

OUTGOING MAIL LABELS

    • Ordinarily, inmates are required to place a TRULINCS-generated mailing label on all outgoing postal mail.

ELECTRONIC MESSAGE MONITORING

  • Electronic messages sent or received by inmates at all security levels are subject to monitoring for content by trained staff.

TRULINCS Email Contact Request Form BPA1054

    • This form allows two contacts per page and is very detailed.
    • From prison, an email will be sent out.

 

CORRLINKS: email Received either by persons outside of prison, or with the Warden’s Permission, other inmates in different facilities.

 

CORRLINKS

  • You may or may not receive an email alert, that you have a CORRLINKS
  • So if you get to this part first, great.
  • As you see, you will need to Register.
  • Enter: Your email and create a password.

 

 

ON YOUR FIRST CORRLINKS LOGIN

  • You will see all of these choices below.
  • The only one that I believe we need to work on now is Mailbox.

 

 

 

THE REGISTRATION CONTINUES

  • It may not be exactly in this order, but fill out all of your information that is in RED.
  • You will also see that there is a space for an Identification Code.
    • When you get the alert that you have your first email, Do You Accept It?
    • If yes, there will be an IDENTIFICATION CODE (which may expire in “10 Days”),
    • Copy that code and enter it on Your Registration Form ⇓

 

YOU NOW CORRESPOND FROM YOUR PC,

YOUR APPLE DEVICE, OR

 

GOOGLE.

 

CorrLinks Guide: An Overview

  • CorrLinks is a reliable and convenient web-based email system that allows authorized users to communicate with inmates through secure email. To use this service, you need to create an account, purchase credit, and add inmates to your contact list. Once you complete these steps, you can send messages to inmates, who can conveniently receive and respond to them using a secure kiosk within the prison.
  • Forgotten your password on CorrLinks – don’t worry. The system has got you covered! Simply reset your password, it’s a quick and easy process. Please note that CorrLinks won’t be able to personally assist you with this, but rest assured that their system is designed to help you with password resets.
  • Your first email alert from your loved one. Upon receiving an alert that an inmate wants to add you to their account on CorrLinks, you simply need to accept the request to begin exchanging messages with them.
  • If you’re thinking about blocking an inmate on CorrLinks, it’s important to know that it’s not a decision to be taken lightly. Once you’ve blocked them, it can be difficult to undo the process. You’ll have to go through a lengthy process of sending a written request to the institution to remove the block. It’s important to note that the institution’s mailing address can be found on the Federal Bureau of Prisons website. Once the block is removed, the inmate will have to send you another invitation to add your email again. If you’re certain that you want to block an inmate, you can easily do so by selecting the “block contact from an inmate” option or “block contact from every inmate at a specific facility” option from the menu on CorrLinks. But remember, it’s important to think through your decision before proceeding.
  • CORRLINKS Customer Support.

PHONE CALLS

  • Inmate Phone Calls Are Recorded and Monitored
    • No three-way telephone calls are allowed and this will result in you being disciplined.
    • The hours may start as early as 6:00 a.m. and extend as late as 11:30 pm.
    • Inmates can make up to 300 minutes of prison phone calls each month, each for 15 minutes.
    • In most cases, inmates must wait one hour from the start of their last prison phone call before they can place another call.
  • When making a collect call, the recipient must agree to pay for the call.
    • $0.06 to $0.38 each minute for local calls and
    • $0.56 per minute when calling long distance.
  • Direct-dial telephone call costs are subject to change, taken from your commissary account, and are currently as follows:
    • Local calls: $0.06/minute
    • Long-distance calls in the U.S.: $0.21/minute
    • Calls to Canada: $0.35/minute
    • Calls to Mexico: $0.55/minute
    • Other international calls: $0.99/minute
  • In November and December, the prison Warden may authorize an additional 100 minutes, on top of the allowed 300 minutes.
  • Biden signs a bill to fight Expensive State Prison phone call costs, JANUARY 6, 2023
    • Incarcerated people pay about 5 dollars for a 30-minute phone call. A new bill wants to change that.

 

CELL PHONES

  • The new law makes possession or use of a cell phone or wireless device a crime punishable by up to a year in prison.
  • The law also covers the smuggling of cell phones into the BOP.
  • Good Time Credits and Earned Time Credits may also be lost, as well as possibly going to The SHU or triggering a change in prison.

Dr. Marc Blatstein | About

By inDr. M Blatstein's Blog Tag ,

Marc Blatstein was born in Philadelphia, Pennsylvania, where he attended high school. He later went to George Washington University in Washington DC for his undergraduate degree, where he received a Bachelor of Arts in Psychology, all the while working a job on the side to help offset the high costs of a college education.

Marc later went to Ohio College of Podiatric Medicine, where he studied medical training and obtained his Doctor of Podiatric Medicine Degree. While studying there, he started the “Pink Panther Bartenders” along with his brother and two of his classmates to help with some of the costs of higher education. At one point, he was grateful to be asked to participate in a Gala for the Cleveland Opera, to which he agreed.

He then attended a surgical residency that covered Podiatric Medicine and Surgery, which was followed by a 31+ year career as a single practitioner. While in practice, Marc Blatstein incorporated a medically oriented shoe store, wound care, and physical therapy programs into his practice.

HOBBIES

Most of my joys have been spent on the water, while I have enjoyed power and sailing with my 1st mate, Bailey.

In the end, though, the peace of sailing is where I have spent most of my time.

 

 

EDUCATION | PRACTICE AND CONSULTING TIMELINE

George Washington Univ., BA in Psych. (’77),
Externship(s):
* Lutheran Hospital Baltimore MD. (’82),
* Atlanta Hospital & Medical Center, Atlanta GA (’82).
Ohio College of Podiatric Medicine, Doctor of Podiatric Medicine, DPM (’83),
Lawndale Community Hospital Surgical Residency in Podiatric Medicine & Surgery (’84)
1st Career: Podiatric Foot And Ankle Medicine and Surgery, License, 1985 – 2023
2nd Career: Physician Presentence Report Service, LLC., 2011

PRIVATE PRACTICE 1985 – 2023

POPULAR COMPONENTS OF MY PRACTICE

I. PLANTAR FASCITIS

According to Dr. Marc Blatstein, morning heel pain is the most common complaint he treats. Patients relate that it is pain upon standing first thing in the morning. While the pain initially is excruciating, with ambulating, the pain may subside, only to come back again with a vengeance after sitting and then immediately returning after standing up again.

The plantar fascia is a ligament attached at one end to the bottom of the heel (in a medial, central, and lateral band), then fanning out into the ball of the foot, thus acting as a shock absorber for the foot. As the foot impacts the ground, with each step, the plantar fascia stretches slightly. When these excessive pressures of pulling the plantar fascia on the heel occur over time, with an innocent step (like stepping on a marble or off a curb), they create small tears in the plantar fascia (the ligament on the bottom of the foot) resulting in a small amount of bleeding, pain & inflammation. Medical literature initially thought heel pain was due to a bone spur on the bottom of the heel bone (or calcaneus). We now know that the pain is due to excessive tension on the plantar fascia as it pulls on its attachment to the inside/medial aspect of the calcaneus (heel) bone.

In diagnosing heel pain, Dr. Marc Blatstein relates that over the years, patient care has demonstrated that not all bone spurs are painful, and everyone with heel pain (or plantar fascitis) does not necessarily have to have bone spurs. A complete history and physical exam play a large role in approaching this diagnosis, along with weight-bearing X-rays, which are useful in determining if a heel spur is present (fractured), or associated with other pathologies contributing to the diagnosis.

Initially, treatment by Dr. Marc Blatstein can start with a combination of one or all of the following: padding & taping of the foot in a supportive nature, taking oral anti-inflammatory medications, immobilization of the foot in a walking cast, physical therapy as well as implementing specific stretching exercises. Should additional treatment be necessary, cortisone injections and orthopedic functional foot orthotics may be prescribed. Should any or all of these treatments fail, and after a detailed review of X-rays and lab results with your physician, surgical intervention may be considered, and according to Dr. Marc Blatstein, it is very effective. Here, an Endoscopic Plantar Fasciotomy is one (of many) of the possible procedures that could be recommended. A plan is formed between you and your doctor for a successful outcome meant to add a full and enjoyable life to your years.

II. THE CIRCULATOR BOOT™

 

A major part of Dr. Blatstein’s practice is using The Circulator Boot™ as a method of treatment that helps with the core elements of lower extremity wound therapy: bacterial control, increased blood supply, moisture, and the removal of dead or damaged tissues to help the healing of healthy tissue. Along with other modes of treatment, surgical debridement of infected wounds, the use of antibiotic medications along with home care, and boot therapy in Marc Blatstein’s eyes may improve the blood supply and control the infection when standard methods of treatment are failing.

The Circulator Boot™(Mayo Clinic.org), from Dr. Marc Blatstein’s years of experience, the end-diastolic timing of its leg compressions (this FDA-approved non-invasive technology) provides benefits in preventing leg amputation. Poor circulation and infection are the leading causes of 90,000 diabetic amputations that occur every year in the United States.

The Circulator Boot™, “A leg with poor arterial blood flow, may be likened to a dirty sponge that is half wet. Squeezing such a sponge disseminates the water throughout the sponge. Soaking and wringing the water repeatedly from the sponge may help clean it. In like fashion, the heart monitor of the Circulator Boot™ is timed to allow each arterial pulse wave to enter the leg as best it can (to partially wet the leg “sponge”). Boot compressions provide a driving force to disseminate blood around the leg and, at the same time, press venous blood and excess tissue water from the leg. Patients with a pulse rate of 80 beats per minute might receive 4800 compressions an hour. Patients with severe arterial leg disease might receive 100 such treatments or close to a half-million compressions! Breakdown of the clot, re-channelization of blocked vessels, and forming small new vessels may help restore blood flow.”

For those who may be facing amputation, this may be an option. Dr. Marc Blatstein recommends learning more about The Circulator Boot™ as a Method of Treatment via The Circulatory Boot Service at the Mayo Clinic.

III. TARSALTUNNEL SYNDROME

Similar to Carpal Tunnel, Tarsal Tunnel Syndrome is due to the compression of a nerve called the Posterior Tibial Nerve. Dr. Marc Blatstein, a Podiatric Surgeon, explained that Tarsal Tunnel Syndrome occurs over time as the nerve becomes inflamed, resulting in symptoms such as burning, electric shocks, and tingling, as well as a shooting type of pain. Other factors that Dr. Marc Blatstein has found factors contributing to Tarsal Tunnel Syndrome come from either an overly pronated foot, which puts a stretch on the nerve, pressure on the nerve from soft tissue masses such as ganglions, fibromas, or lipomas that physically compress the nerve, as well as other insults to the nerve.
The diagnosis is usually quickly made by physical exam and the patient’s complaint history. Observation may reveal a slight swelling just on the inside of the ankle joint. As part of the physical exam, Dr. Marc Blatstein finds that gently tapping the inside of the ankle joint in the acute phase will result in a tingling sensation that may shoot up the leg and/or into the foot. Nerve conduction studies are another tool that will reveal if there is damage to the nerve.

Treatment of the Tarsal Tunnel involves many different components, some of which are correcting the abnormal pronation of the foot [which is accomplished with prescription functional foot orthotics]. Along with this, oral anti-inflammatory medications, vitamin B supplements, &/or steroids may provide some benefit but are rarely curative. Should a soft tissue mass compress the nerve, surgical removal of the mass may be necessary. Surgical correction of Tarsal Tunnel Syndrome has a good chance of success; at the same time, the overpronation of the foot still needs to be followed with functional foot orthotics.

IV. THE PAINFUL HAMMERTOE

According to Dr. Marc Blatstein, hammertoes appear with the toes bent in a clawing fashion. Hammertoes may be flexible or rigid; flexible infers that you can manually straighten the toes, while it is not possible to straighten the rigid toe. Because most of us wear enclosed shoe gear, the pressure caused by the shoe gear we wear causes the toes to become painful. On top of this, pressure forms hard corn, while on the bottom of the foot, the toe pushes the metatarsal bone down, forming a callus under the metatarsal head. Treatment of hammertoes can be approached in many ways. Dr. Marc Blatstein starts by recommending a combination of appropriate shoe gear and a functional orthotic prescribed as a shoe insert to help the hammertoes from progressing or getting worse. In the very initial stages, while the toe is still flexible, it can be tapped into its corrected position, utilizing a functional orthotic. This conservative treatment also consists of hammertoe and buttress pads, all available over the counter, and open-toe shoes.

With continued pain, correction of the deformity, while successful, depends on whether they are rigid or flexible. While the hammertoe is still flexible, a simple tendon release followed by taping it in the corrected position is usually effective. Then, a functional orthotic may be prescribed to help maintain this correction. With a rigid hammertoe, the surgical procedure consists of removing some skin and a small section of bone. Dr. Marc Blatstein told us that in cases of a severe hammertoe deformity, a pin may be used to hold the toe in its corrected position for several weeks & then it is removed. In all cases, following your surgeon’s after-surgery instructions is essential to get the best result.

V. INGROWN TOENAIL

Victoria Azaranka recently dropped out of a tennis match because of an ingrown toenail. Dr. Marc Blatstein tells us how to prevent ingrown toenails. Several people wait far too long to have the procedure, and they have more complications. 

Most people do not think an ingrown toenail will get in the way of their profession, but it did for one person. Victoria Azaranka, the world’s No. 1 tennis player, was sidelined due to an ingrown toenail in her right big toe. The toenail had become ingrown and made it so painful she had to sit out of a match against Serena Williams, a former world’s No. 1 women’s tennis player. The cause behind the ingrown toenail is a surprise, a bad pedicure.

PUBLICATIONS:

Nails Magazine, Contributor, through the 1990s

                                                                                                               

CREATIVE FOOTWORKS

Novelties, Business Supplies, and Gifts for those practicing Foot and Ankle Medicine and Surgery, 1986-1996.

 

        

             

                                                                     

 

 

 

 

SECOND CAREER

PHYSICIAN PRESENTENCE REPORT SERVICE, LLC. 2011

 

PUBLICATIONS:

 

 

Presentence Report

 

 

The Federal Lawyer, Co-authored, 2021

 

 

 

 

 

 

 

 

American Bar Association, Co-authored two Chapters in 2022

While In The BOP Your Client Needs A Medical Second Opinion – The Process

By inDr. M Blatstein's Blog Tag , , ,

If your client is lucky enough to get approval, they still may face months (or possibly years) to get to see and then be treated by that specialist. Having their condition noted in their PSR along with their treating physicians’ recommendations included may prove helpful here. Taking all of this into account, the BOP is under no obligation to follow the consulting physician’s treatment recommendations; Program Statement P6031.04 (Pg. 20-21).

 

Taken from my article below; The Federal Lawyer, Jan/Feb. 2021 (Pages 45-46), I review the process that the BOP uses to provide care. Briefly, they’re based either on their definition of medical need, treatment cost, staff availability to accompany the inmate to see the physician, or how close the inmate is to their release date.

 

  1. Life-Threatening Conditions

Treatment for life-threatening conditions is essential to sustain the life or function of a critical bodily system and requires immediate attention.

The BOP refers to these conditions as “Medically Necessary–Acute or Emergent” and includes the following conditions in this category: heart attacks, severe trauma such as head injury, hemorrhage, stroke, detached retina, sudden vision loss, and complications of pregnancy or labor.7

   2. Medically Necessary Conditions

The BOP defines this category to include conditions that are not immediately life-threatening but which without treatment now, the inmate could not be maintained without significant risk of:

• Serious deterioration leading to premature death.   

• Significant reduction in the possibility of repair later without present treatment. 

• Significant pain or discomfort that impairs the inmate’s participation in activities of daily living.

Examples of conditions the BOP includes here are chronic conditions such as:

  • High blood pressure, high cholesterol, heart disease,
  • Diabetes; severe mental health issues (e.g., bipolar disorder, schizophrenia);
  • Infectious disorders (e.g., HIV, tuberculosis); and cancer.

   3. Medically Necessary but Not Urgent

The BOP defines this category as “Medically Acceptable—Not Always Necessary.”10 The group includes conditions for which “treatment may improve the inmate’s quality of life.”11 Examples of treatments for conditions in this category, as listed in the BOP, Policy on Patient Care, include:

  • Joint replacements,
  • Reconstruction of the anterior cruciate ligament (ACL) in the knee, and treatment of:
  • Noncancerous skin conditions.

Such treatment procedures require review and approval by the institution’s Utilization Review Committee, which considers various factors, including:

  • Risks and benefits of the treatment,
  • Available resources (including the cost of security staffing and transportation),
  • The inmate patient’s medical history, and
  • How intervention (or lack thereof) will impact the inmate’s activities of daily living.

Should an outside specialist consult be needed for a non-emergent condition, a referral request is made to the prison’s Utilization Review Committee and clinical director. Other members involved in this decision-making process include:

  • The associate warden or warden,
  • Health service administrator or assistant,
  • The medical trip coordinator,
  • Any health care providers directly involved in the referral, and perhaps:
  • The director of nursing and
  • The chaplain or a social worker. 

The clinical director has the final say over all Utilization Review Committee decisions. If approved, the inmate-patient will be placed on a schedule or waitlisted until the specialist has an opening during the contract’s limited monthly hours, which may be several months or years later.

Notably, the clinical director is under no obligation to follow medical recommendations made by the outside physician consultant specialist. If the recommendations are not followed, the clinical director will document his/her justification in the inmate’s health record.16 Justification may be based on the category of care sought.

  1. Medically Appropriate

Some treatments, even though recommended by a health care provider and deemed appropriate by the clinical director, still require approval by the Utilization Review Committee, which is not likely to be granted. These treatments are considered by the BOP to have “limited medical value” and include cosmetic procedures and removal of noncancerous skin lesions.17 It is worth noting that some skin lesions may be misdiagnosed, so the denial of treatment for these appropriate medical procedures is a concern for inmates with such health needs. 

  1. Extraordinary Treatments

The BOP considers a medical treatment extraordinary if it “affect[s] the life of another individual, such as organ transplantation.”18 Thus, organ transplants and experimental/investigational treatments require the approval of the Utilization Review Committee, which is not likely to be granted.

If you’d like to discuss this, I look forward to speaking with you.

Federal Sentencing and Placement – The Process

By inDr. M Blatstein's Blog Tag , , ,
98% of federal defendants plea

Federal Sentencing

1st: Federal Defendants indicted, >93% likely will receive a federal sentence to a BOP facility

 

2nd: The defendant’s first appearance in court
  • ~93+%, can result in either a plea or verdict of guilty to a federal sentence
  • Between the Defendant’s 1st and 2nd court appearance, a resume or CV of the defendant’s background is developed, called the Presentence Report (PSR).
  • The PSR is where the Defense Team Can make a Placement Request while documenting the defendant’s medical, criminal, work & education histories, etc.
3rd: The defendant’s second court appearance is for the Sentencing Hearing
  • The details of sentencing are not taught in most law schools
  • Judges determine the length of time the defendant is imprisoned
  • Judges can also make a placement request to the BOP
4th: The BOP determines placement
  • Some of the factors that affect placement (BOP Policy Statement P5100.08 (Chapter 4 Pages 5-13 and Chapter 5 Pages 12-13):
    • Judges recommendations
    • Public Safety Factor (PSF) Variables
      • Accepting Responsibility
      • Age
      • Criminal History
      • Education Level
      • Legal Release Residence
    • Management Variables: Pre-determined Security levels
      • Disruptive Group-confirmed member
      • Greatest Offense Severity #
      • Greatest Severity Offense
      • Prison Disturbance
      • Serious escape
      • Serious Telephone Abuse
      • Sex Offender
      • The Threat to Government Officials
    • Medical CARE LEVELS I-IV Structure
    • Mental Healthcare CARE LEVELS I-IV Structure
    • Psychology Treatment Programs
    • Medication Availability is explained in this video.

      • On Formulary, or available
      • Non-Formulary requires a lengthy preapproval process
      • Or Just Not Available, where a similar substitute may be implemented

For Groups: My PowerPoint Presentation

Federal Prison Placement Preparation

By inDr. M Blatstein's Blog Tag , ,
The Presentence Report

1st. Prepare For Your Presentence Interview

Properly prepared will allow the probation Office to draft an accurate

Presentence Report – which will control your future

Incorporate these federal prison placement data points:

Medical and Mental Healthcare needs to be implemented through

Video PPRSUS. 14 explains how medical care is provided in federal prisons. The caveat can be read in recent reports in the news:

The BOP CARE LEVELS I-IV Structure

  • Psychological Treatment Programs, while available, have limited access, and several may be security level specific.

The First Step Act Includes;

I) Brave Program: A first-timer young male offender 32 years of age or younger, facing a sentence of 60 months or more

II) Challenge Program: A male inmate facing a high-security penitentiary with a current diagnosis of either Mood, Anxiety, Schizophrenia, Delusion, and/or Substance-induced Psychotic Disorders

III) Mental Health Step Down A male or female who lacks the skills to function in a general population prison setting and is willing to work with Psychiatry Services

IV) Resolve A male or female with a current diagnosis of a mental illness related to physical, mental, and/or intimate domestic violence or traumatic PTSD

V) Skills A significant functional impairment due to intellectual disabilities, neurological and/or remarkable social skills deficits such as Autism Spectrum Disorder, Obsessive Compulsive Disorder, Epilepsy, Alzheimer’s, Parkinson’s, or Traumatic Brain Injuries (TBIs), to mention just a few.

VI) Stages: A male inmate with a serious mental illness, a primary diagnosis of Borderline Personality Disorder, and a history of unfavorable institutional adjustment.

VIIa) Sex Offender Non-Residential Single Sex Crime or first-time Internet Sex Offense

VIIb) Sex Offender Residential Multiple sex crimes.

VIIc) Butner’s Commitment and Treatment Program for Sexually Dangerous Persons, Page 12, Is considered for sexually dangerous persons with the possibility of criminal recidivism. MAY NOT BE AVAILABLE.

VIII) Female Integrated Treatment: A female with substance abuse (RDAP Eligibility Possible), trauma-related disorders, and other mental illnesses. (FIT) Program

Medication availability falls into 3 tiers; this video helps explain whether your medication will be available by comparing your medication against those on the BOP list available online.

  1. On the BOP Formulary (available).
  2. Non-Formulary; these require a lengthy preauthorization process – so likely Not-Available.
    • As these are just not available. Similar medications are substituted, but how is their efficacy verified?

Security Requirements

  1. Offense Level vs Criminal History Calculation
  2. Criminal History Calculation
    • +3 points for each prior sentence > 1 Year + 1 Month.
    • +2 points for each prior sentence > 60 days, not counted above.
    • +1 point for each prior sentence, <= 60 days not counted above, for up to a maximum of 4 points in this category.
    • +2 points for each revocation with a new charge or under federal supervision.
    • + 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because the sentence was treated as a single sentence, up to a total of 3 points for this subsection.

The BOP and Prison Security Level Placement

The Presentence Report – A Medical, Medication, and Security Requirement Referral

PPRSUS.com

As found in my LinkedIn 2/29/2020 post

Compassionate Release

By inDr. M Blatstein's Blog Tag , , , , , , , , , , ,
PPRS - PPRSUS - Physician Presentence Report Service

Compassionate Release

The Federal Docket, Updated 9/27/2021 –

Published by the criminal defense lawyers at Pate, Johnson & Church. Here, they provide the following 12 successful case examples of Compassionate Release,

No alt text provided for this image

…listed by category below.

  1. Medical Condition
  2. COVID-19 Positive/Recovered
  3. COVID-19 Vaccinated
  4. No Medical Condition
  5. No Confirmed Cases
  6. Mental Health
  7. Short Time Served
  8. Family Circumstances
  9. Excessive Sentence
  10. Circuit Opinions
  11. 1B1.13 Policy Statement
  12. Request to Warden

 

The COVID Prison Project appears at first glance to be a great resource as it tracks current data and policy while monitoring COVID-19 and the number of

…COVID Cases, Deaths, and Vaccines that are given, as recently as 7/8/2022. It appears that the site updates at regular intervals.

For more…

Self-Surrender To Federal Prison

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Self-Surrender To Federal Prison

You’ve been allowed to self-surrender to a minimum federal prison camp – but find yourself in isolation (or solitary confinement), because your paperwork has not arrived. This does happen, and can be avoided!

No alt text provided for this image

For the purpose of this article, we are going to examine the process that follows after the court agrees to let your client self-surrender.

Up until this point, there has been the back and forth between defense counsel, the U.S. attorney, and lastly the court. The defendant’s number one job has been to get their affairs in order and then to show up on the specified day, at their BOP Institution.

The process of getting the court’s order delivered to the specified BOP Institution on time is, for the most part, considered something that automatically happens as the next step in the process. But it is this author’s opinion that at times, the council should reflect on President Ronald Reagan’s famous quote; Trust – But Verify…

No alt text provided for this image

Because, in this case, here we have Trust, without the Verification. I offer the following so that more care and empathy for your client can be taken, as you guide them completely through this process.

These steps I believe will help to ensure a smoother, self-surrendering process;

  1. Verify with all parties that: the receiving facility is in receipt of all the required judge’s orders for your client’s arrival – before they get there, 18 U.S.C. § 3621(c).
  2. If your client is ultimately designated to a ‘satellite’ camp, let them know ahead of time that they have to present themselves to the adjacent, ‘higher secure facility – and not to the satellite camp.
  3. Also let them know that at the higher secure facility, they are likely to see prisoners in handcuffs and shackles, guards with long guns, guard towers, etc., so they are not caught off guard.
    • This is because each client will deal with the emotional aspects of “prison” in their own way, especially if it’s their first time.
  4. There they will be screened and given a change of clothes. The clothes that they came with along with peripherals, will then be boxed and returned to their ‘legal residence’.
  5. Their birth certificate, passport, driver’s license, and social security card all will be kept, to be returned at the end of their incarceration.

Whatever legal papers you have accumulated, just like medical records, these copies can be kept with you as your own personal records. Your PSR, I believe is not allowed to be brought in with your other personal items.

What happens if you depend solely on the process, and do not verify that the court’s orders have preceded your client’s arrival?

Your client was allowed to self-surrender, and the rest was an ‘assumed formality’…

  • Upon your client’s arrival, the prison’s guards at receiving had not received any of the court’s orders regarding their sentenced incarceration – which does happen, no matter how infrequently.
  • Policy-wise, once they have your client’s birth certificate, passport, driver’s license, and/or social security card, this may only allow the facility to hold your client (meaning that they will not turn your client away), but likely will not allow them to formally admit them into the institution.
  • This ‘hold’ option further may also involve moving your client into an ‘isolation’ cell until the court order arrives, which according to staff, “may take up to a month”.
  • A core value in this author’s opinion is verifying that the institution has received all of his/her required court-ordered intake documents, before your client’s arrival.

Attorneys’ Reputation and Future Referrals: No one really wants to go to prison. Therefore, while this defendant (and their family), may or may not turn out to be a great referral resource, bad reviews on the other hand can come from anywhere and travel at lightning speed – case in point.

  • For those of you who already do this, your clients are grateful – even if they don’t know, or show it.

For more…

Federal Sentencing: From PSR Preparation To Drafting The BOP Placement Request

By inDr. M Blatstein's Blog Tag , , , , , , , , , , , , , , , , , , , , , , , ,

In ALL cases, preparing for the Sentencing Hearing should start as soon as possible.
Why?
a) Depending on whether it’s a state or federal case, there may only be weeks (or months) after the guilty verdict.
b) Getting all medical records via the HIPPA release can take a long time as some physicians and hospitals have been busy, especially in the age of COVID-19. HIPAA-COMPLIANT AUTHORIZATION FOR THE RELEASE OF PATIENT INFORMATION PURSUANT TO 45 CFR 164.508.
c) Coordinating character references, expert witnesses, and documentation for their PSR all takes time.
d) Developing the PSR, along with recommendations for placement, takes time.

 

I- The Presentence Report is used by;
1st) Judges
To establish the length of the sentence, along with they have the option to make a placement request.

2nd) The BOP, For Use It For Facility Placement.

3rd) Probation: Use it during Supervised Release.

4th) It then becomes a permanent part of the defendant’s record.

5th) Lastly, for inmates, it’s referred to as the ‘Inmates Bible.’

 

II) Sentence Length Determined By The Court based on;

2021 (Released), Judiciary Sentencing INformation (JSIN) In real-time, the platform provides quick and easy online access to sentencing data for similarly situated defendants – An Updated USSC Sentencing Table.

USSC Sentencing Table (Point Based), [2018, CHAPTER 5: SENTENCING TABLE]
Offense Level (0-43+): *24+ categories.

Vs
Criminal History (0-13+)
Points for each prior sentence > 1 Year + 1 Month.
Points for each prior sentence > 60 days, not counted above.
Point for each prior sentence, <= 60 days not counted above, for up to a maximum of 4 points in this category.
Points for each revocation with a new charge or under federal supervision.
Point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because such sentence was treated as a single sentence, up to a total of 3 points for this subsection.

 

III) BOP Determines Placement Designation
1st) Healthcare: provided based on a CARE LEVEL I-IV Structure
Applies to Medical and Mental Healthcare CARE LEVELs.
Psychology and Life Skills National Programs have now been embedded into the First Step Act, with its limited availability and associated security requirements.
There are approximately 3,500 Medications in the BOP, which fall into 3 tiers. PPRS Prison Match™ has all of these drugs categorized by tier level should this apply to your client.
Is there a special diet request?
Allergies: all need to be documented in the PSR.

2nd) Non-Medical Placement is based on;
Bed Space Availability. 
Aspirational: placement within 500 driving miles of legal residence.
Population Management: some inmates, for specified reasons, need to be monitored or separated from others.

2a) Public Safety Factors (PSF) & Management Variables [P5100.08, CN-I, 9/4/2019, Tables: Chapter 5, pages 12-13]
Could a Public Safety Factor (PSF: Chapter 4, pages 5-13) warrant a reduced security level?
Accepting Responsibility (may get point reductions).
Voluntary Surrender (gets point reductions).
Drug / Alcohol Abuse may allow RDAP.
RDAP; Required usage is within 1 year prior to the date arrested (illegal or legal medications or drugs).
AGE: 55+ (0Pts), 36-54 (2pts), 25-35 (4pts), <25 (8pts), Unknown (8pts).
Education Level: High School (0pts), GED Progress (1pt), No degree (2pts).

Sentence Length
>10 years – Low
>20 yrs – Medium, (Females: High)
>30 yrs – High

Disruptive Group
Male inmates will be housed in a High-security level institution unless the PSF has been waived.

Greatest Severity Offense
Males will be housed in at least a Low-security level institution unless the PSF has been waived.

Threat to Government Official
Male or female will be housed in at least a Low.

Deportable Alien: (male inmate who is not a citizen will be housed in at least a Low).

History Violent Behavior
A female inmate whose current term of confinement or history involves two convictions or findings – Low.

Serious Escape
A female, serious escape with the last 10 yrs. designated to Carswell Adm. Unit unless the PSF has been waived.
A male inmate with or without the threat of violence or escapes housed in at least a Medium.

Juvenile Violence
A male or female who has any documented:
a) Violent behavior, past or present, which resulted in a conviction, delinquency adjudication, or finding of guilt.
b) Violence: aggressive behavior causing bodily harm, death, or behavior likely to cause serious bodily harm. 

Serious Phone Abuse
a) A male or female who utilizes the telephone to further criminal activities or Promote Illicit Organizations.
b) Conviction is Not Required, housed at least in a Low.
c) The PSF should be entered regarding any one of the following, if applicable.

Criminal acts conducted by telephone
-Leader/Organizer or primary motivator; or
a) communicate threats of bodily injury, death, assaults, or homicides.
b) conducts Fraudulent activity (actual or attempted) in an institution.
-Leader / Organizer who used the telephone to conduct fraudulent activity (actual or attempted)…
a) Smuggled narcotics or alcohol into a prison.
-Federal Law Enforcement notifies the BOP of concern and needs to monitor an inmate’s telephone calls…
a) The inmate has been found guilty of a 100 or 200-level offense code for telephone abuse.
b) A Bureau of Prisons official has reasonable suspicion and/or documented intelligence supporting telephone abuse.

Prison Disturbance
A male or female inmate who was involved in a serious incident of violence, Engaging / Encouraging a Riot:
a) Males will be housed in at least a HIGH-security level institution and
b) Females will be assigned to the Carswell Adm. Unit.

2b) Plus
a) Judicial Recommendations
b) Options For Work Cadre Participation (at secure facilities without satellite camps), where the inmate is allowed to work outside the perimeter of the institution.
c) PSF Waved: An inmate may receive up to three Public Safety Factors (PSFs) wavers.
d) Long Term Detainee transfers for positive or negative behavior may cause placement in a facility different from the scored security or custody level.

 

IV) Making The Placement Request
In recommending a facility placement, it’s helpful to provide a reason, for example:
To facilitate regular family visitation, or
To permit participation in a specific:
a) Medical CARE LEVEL
b) Mental Healthcare CARE LEVEL
c) Psychology has limited in availability and has associated security requirements.
d) Vocational Training Program
e) UNICOR job availability

 

V) Military: Is your client a Veteran?
If possible, connect your client with a facility that caters to veterans.
FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2016.
The Participants are federally imprisoned military veterans housed in a special wing responsible for training service guide dogs for veterans with mobility impairments, Post Traumatic Stress Disorder (PTSD), or other military service missions.

If you’d like to discuss this, I look forward to speaking with you.

Dr. Blatstein

Physician Presentence Report Service

info@PPRSUS.com, 240.888.7778

SENTENCING: YOUR ALLOCUTION, HOW WILL YOU TELL YOUR STORY?

By inDr. M Blatstein's Blog

Your Allocution. This is your chance to speak directly with the judge, an important moment in your hearing. Judges are “…looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.” I hope you find this video helpful.

By now, the judge has already read your Presentence Report and hopefully your Personal Narrative, where you’ve explained how you arrived at this point in your life, standing before the court today. You have the opportunity to show the court that you take responsibility for the harm you’ve caused your victims, that you’re committed to making things right, and that you’re determined never to return to this courtroom. This is your moment to make a strong impression, humanizing yourself to your judge.

 

SENTENCING MEMORANDUM

Judge Scola notes that sentencing memoranda are the first opportunity for lawyers to make a positive impression on him. “I am very impressed with lawyers who show legal advocacy in their presentence memorandum ondisputed guideline issues. I appreciate lawyers who give me everything I need well in advance of the hearing.”

Your Sentencing Memorandum is written by your attorney and provided to the court approximately 7-10 days before the day of your sentencing hearing and can be provided in written or written and video format. As you have initially read several examples of your attorney’s writing style, you have both agreed on your memorandum’s final message.

Depending on the number of “Character” Reference Letters, the best (3 or less) have been attached, summarizing their common theme in the Memorandum, then noting that there are (for example) another 27 that you have provided to your Probation Officer. They have all been reviewed to ensure that none will come off as insulting to your judge. Also attached is your Personal Narrative, Release Plan, and possibly your Allocution, depending on how nervous you are or will be at the time. If needed, the Allocution can also be in Video format, and if financing is an issue, a smartphone can be used. What Federal Judges Want to Know at Sentencing.

 

Judges across the country have been interviewed, and here are their thoughts – ‘From the Bench.’

3 JUDICIAL VIEWS FROM THE BENCH

As you read the Judges’ views, you’ll see they prefer to hear from you directly, through your Narrative and Allocution, rather than your Attorney.

Judge Xinis

Judge Xinis has expressed a dislike for sentencing memos that appear to be copy-paste jobs. She believes that simply citing legal precedents without providing relevant information about the defendant does not serve the memo’s purpose. Instead, Judge Xinis prefers that lawyers explain why a variance is justified. She also wants lawyers to start with the offense and the defendant’s details upfront, as she is interested in the facts of the case.

Experienced lawyers provide me with information about the 3553(a) factors and explain why a deviation from the guidelines is warranted. If a case involves excessive punishment, they elaborate on the legislative history or the U.S. Sentencing Commission history behind the guidelines, if such exists. Additionally, they clarify how a guideline sentence could undermine the community’s respect for the law.

Judge Xinis is a dynamic and engaged judge known for her active involvement in the proceedings. She takes pride in asking a lot of questions and welcomes live character witnesses to the court. Judge Xinis is particularly interested in live testimony from mental health professionals and is known to engage them on specific points in their report. She believes that lawyers can significantly impact the sentence by presenting a strong argument in court.

She encourages lawyers to present a compelling argument on why a prison sentence should not be the default sentence and what sentence would be sufficient but not greater than necessary. Judge Xinis is committed to ensuring a fair and just trial, and her passion and dedication to her role is evident in every case she presides over.

 

Judge Scola Notes

Judge Scola notes that sentencing memoranda are the first opportunity for lawyers to make a positive impression on him.

What makes a positive impression on Judge Scola?

    • “…good legal advocacy in their memorandum, particularly as to disputed guideline issues,”
    • …lawyers who get him everything he needs. in advance of the hearing,
    • …suggesting that you have five or six good character letters, “put in the sentencing memorandum, quote from them, and attach them as Exhibit. A.
    • Put the rest in another exhibit.”

Pet peeves.

    • Lawyers who,
      • …do not submit memorandums or submit them on the eve of or submit poorly prepared ones.
      • …give him boilerplate citations
      • …ask for ridiculously low sentences.
      • …don’t prep the defendant or character witnesses before the hearing;
      • …don’t interrupt their clients who, during allocution, start digging a hole for themselves, and
      • …forget that the court is the audience and put on a useless show for their clients, family, and friends.

 

Judge Mehta

Most judges, including Judge Mehta, consider the failure to submit a sentencing memorandum as a missed opportunity for legal advocacy. This document is of utmost importance as it provides an opportunity to explain why the defendant committed the crime and demonstrate that they have undergone a positive transformation since the offense. It is also a chance to showcase the steps taken toward rehabilitation and assure the judge that the defendant is less likely to re-offend. For instance, individuals who have successfully overcome substance abuse addiction demonstrate to Judge Mehta that they possess genuine strength of character and are less likely to commit crimes again.

Live testimony is an essential aspect of a case, particularly when it comes from mental health experts. Judge Mehta finds it helpful because it allows him to question the witnesses directly. He also prefers character witnesses to speak in person rather than sending a letter. Notification to Judge Mehta’s chambers several days in advance is all that is required to request live testimony. Judges agree that when evaluating cases, both live testimony and data and statistics from similar cases, including those related to mental health, are crucial.

 

Chief Judge, Beryl Howell

It is highly advisable, particularly in complex cases, to submit sentencing memoranda and letters early on, according to Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia in Washington. To ensure a thorough review, it is recommended that these documents be submitted several weeks before the sentencing date.

Judge Charles R. Breyer of the U.S. District Court for the Northern District of California in San Francisco, who is also the vice chair of the Sentencing Commission, expressed concern about lawyers who fail to realize that they can request a recess to speak with their clients if they begin to play the victim or blame others during allocation.

 

Sentencing the White Collar Offender: A View From the Bench, July 9, 2015, Alan Ellis

When preparing a sentencing memorandum, it is important to minimize the use of citations. Refraining from quoting or citing Booker, Kimbrough, Gall, or the 3553 factors is recommended. Rather, an effective alternative is to create a sentencing video. This approach can save time and compellingly showcase the defendant’s regret and personal connections through well-spoken character witnesses. It is also crucial to own up to the offense and express sincere remorse, emphasizing that the defendant is typically a responsible and productive member of society who made an uncharacteristic error.

Point out instances of disparity by showing what sentences other judges in the same district are imposing on similarly situated offenders in similar cases. Use data from the Sentencing Commission, including national data and statistics, i.e., Interactive Data Analyzer (IDA). Judges are more likely to follow the sentencing patterns of their peers in the same district, state, and circuit. Finally, consider starting a restitution program. Even a small amount is better than nothing.


Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

BOP Prisons and Jails 2020 | Unprepared | COVID-19

By inDr. M Blatstein's Blog Tag

BOP Prisons and Jails 2020 | Unprepared | COVID-19

COVID- 19 in Prisons and Jails are unprepared and may now be forced to recommend, in some cases alternative diversion sentences and/or home confinement.
I can only believe that the PSR could play a significant role in this process.

Six feet apart, unlikely

6' apart, unlikely

 Prisons and Jails (, like Cruise Ships, act as perfect breeding grounds

John Hopkins has a Live Interactive Dashboard

Provides Current Reported Cases of COVID-19. Use our interactive web-based map to track cases of the virus around the world

UpToDate/Coronavirus disease 2019 (COVID-19)

_____________________________

Recent Press Releases:

September 2020

Visitation beginning to restart.

June 3, 2020 (Marshall Project)

How Prisons in Each State Are Restricting Visits Due to Coronavirus

 

June 3, 2020 (Marshall Project)

Jails Are Coronavirus Hotbeds. How Many People Should Be Released To Slow The Spread?

May 15, 2020 (Marshall Project)

For Mentally Ill Defendants, Coronavirus Means Few Safe Options

While their mental health deteriorates, some are stuck in jail as hospitals are decreasing admissions to prevent the spread of infections

April 17, 2020                                                                                           

Inadequate access to medical care poses a severe threat to a population that is already more vulnerable to coronavirus: there are about 10,000 people over 60 in federal custody, and about a third have pre-existing conditions. Photograph: Jonny Weeks/The Guardian

In prisons and jails across the deep south, coronavirus threatens to overwhelm

chronically underfunded, understaffed and overpopulated facilities

Mar 21, 2020;

Forbes; Can US Prisons React Fast Enough To COVID-19? By Walter Pavlo

 

March 22, 2020; 

Assistant U.S. Attorney Tanya Hajjar –  – wrote that no inmates at the Metropolitan Detention Center (MDC) in Brooklyn, NY or any other federal facility had tested positive for the coronavirus. What she failed to mention is that the BOP was not doing any testing of prisoners. ByJ.J. O’Hara

 

3-23-2020;

At least 38 people in New York City jails have contracted the virus. Associated Press

First federal prisoner, in Brooklyn, tests positive for COVID-19. Associated Press

At least 22 prisoners in two Denver jails are under observation after showing symptoms. Denver Post

3-20-2020

Florida beaches covered with 1000’s on spring break, 2020.
All of this while COVID-19 is spreading across our country and the world. As a growing number of state governors urged all of us to Shelter in Place, in Florida, their beaches were covered with 1000’s on spring break.
You ask why and I have no idea. But these revelers are now on their way home to spread the virus throughout their families, friends and fellow workers’ personal space. Yet another vector.
The spread of COVID-19 from these beaches will ultimately whether direct or indirectly impact our society and prison system.

The Marshall Project, 3-19-2020

‘Those 55 and older are a growing share of the people in prisons. They’re also the most at risk as coronavirus spreads.’ By WEIHUA LI and NICOLE LEWIS

Couple this with the unprecedented delay of the federal government to act in any manner to assist state governors since January 2020, COVID-19 has exploded across the country exponentially! These same prisons and jails are already overcrowded, resulting in a healthcare disaster ready to get out of control.

Marshall Project: “Jails are perfect incubators for COVID-19.” By Cary Aspinwall, Keri Blakinger, Abbie VanSickle and Christie Thompson

3-19-2020

ICE Now could be another vector waiting to explode, impacting immigrants and ICE officers alike. While ICE claims to “have a plan”, the horse has already left the barn.
Pandemic Division of the NSC Disbanded; 2018

03/18/2020

Katrina, Commander Russel Honoré  Rips Trump’s ‘Slow And Not Decisive’ Coronavirus Response,

Associated Press, March 14, 2020

By DEB RIECHMANN. The NSC during the Obama administration’s (Pandemic Division) grew to about 250 professionals. According to Trump’s current national security adviser, Robert O’Brien, the staff has been cut to about 110 or 115 staffers.

Associated Press March 14, 2020,

Trump disbanded the NSC pandemic unit that experts had praised

Public health and national security experts shake their heads when President Donald Trump says the coronavirus “came out of nowhere” and “blindsided the world.”

By DEB RIECHMANN

_____________________________

#covid19 #Covid19Prison #covidBOP