Search results for surrender

Self-Surrender To Federal Prison

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

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!

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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…

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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…

SELF-SURRENDERING? DO YOU KNOW WHAT TO BRING, WHERE YOU SHOULD GO?

By inDr. M Blatstein's Blog

In this YouTube, I cover what you can bring when you self-surrender. The optimal time is before noon and then before 4 P.M. In the weeks before, there is additional planning, which I cover below.

1) WHAT HAPPENS WHEN YOU SURRENDER?
  • Learn what prison you have been designated to.
  • If it’s a Satellite Camp – You Surrender to the Higher Facility or Prison.
  • While the Higher Secure Prison may house Violent Persons, you will not (Should Not) be interacting with them.
  • You will Interact with the staff, and as they deal with Violent persons (or higher security persons), their attitude toward you may reflect the same harshness.
  • …in other words, it won’t be a warm welcome or warm first impression.
  • Bring actual or copies of your Driver’s License, Social Security Card, Medical File, prescriptions for your Medications, and Medical Device, if applicable.
  • If you owe and Paid your Restitution, bring Proof and contact your attorney ASAP to get that to you. Next, once paid, you can keep any amount of money in your Trust or Commissary account.
  • Sending Money: Western Union $3 – $500, MoneyGram is $300 Max, BOP Lockbox is any amount.
  • Wedding Band, Religious Neckless; Max value of $100 is permitted.
  • Release Plan, Phone Contact list (No Color, Not Double Sided): Bring it saying that you read online that this was important, and I wanted to give it to my Case Manager. You can also mail it to yourself that day [no more than three pages per envelope]).
  • The soonest early release is after you’ve served 25% of your time.
  • Letters to your PO in the District of your Permanent Legal Residence.
  • The 1st Case Manager meeting is within 30 Days.

2) ENSURE A SMOOTHER PROCESS WHEN YOU SURRENDER 

    1. Verify with all parties that the receiving facility has received all the required judge’s orders for your arrival before you get there, 18 U.S.C. § 3621(c).
      • If you arrive before your commitment orders (no matter how rare that may be), you may find yourself being placed in an Isolation Cell, and now that they have you, they’re not likely to let you go.
      • If we have prepared you, you will have books arriving soon, which should take the edge off should they keep you in Isolation longer than several days.
    2. If you’re ultimately designated to a ‘satellite’ camp, know that you must present yourself to the adjacent, ‘higher’ secure facility – not the satellite camp. If you’re going to a Free Standing Federal Prison Camp (FPC), No Worries, and you will not be facing most of these challenges.
      • Also, know that at the higher secure facility, you will likely see prisoners in handcuffs and shackles, guards with long guns, guard towers, etc., so just an FYI.
      • Being prepared is essential – as this is not the time for surprises. This is because every client will deal with the emotional aspects of “prison,” each in their own way, especially if it’s their first time.
    3. Once inside you will be screened and given a change of clothes. The clothes they came with and peripherals will then be boxed and mailed to your ‘legal residence’. You’ll also have to strip, squat, and cough.
    4. The copies (or originals) of your birth certificate, passport, driver’s license, and social security card will all be kept and returned to you at the time of your release.
    5. What Not to do while you’re there,
      • No Alcohol, Drugs, Gambling, or Sex with Inmates or Staff.
      • When you’re first there, keep a low profile until you understand prison better; look for someone like you.
      • No chit-chat, casual talking to guards.
      • Don’t be an informant.
      • Don’t use anyone’s Cell Phone.
      • It’s normal to be apprehensive at first.
      • Emails and USPS letters are read, and calls are monitored (Never do a 3-WayCall)
      • Don’t use someone else’s medications.
      • The TV Room is under others’ control – don’t change the channel if others are watching TV.
      • Don’t miss counts, find out where the Call-Out Sheet is, and look at it daily for your name.
      • Be Respectful to other inmates, their personal space, and staff.
    6. Be aware that banks and different investment, mortgage, and other loan companies may elect to close your accounts due to your charge(s).
      • Be sure to have someone you trust notarized as your Power of Attorney. They could also be your Emergency Contact person with the prison and for your visits.
      • Start looking at smaller local banks, possibly in different states, and look to open different accounts.
      • To not get financial penalties as some of your investments are being forced to close, here too, look for other places to move your funds to avoid those penalties.
    7. Case Managers will be looking for Personal Growth and Development in addition to your taking the First Step Act (FSA) Programs. To keep a record your yourself, like insurance – where you don’t need it, until You Do.
    8. Reading Books (Non-Fiction) for Personal Growth,
      • Amazon sells cheap paperback journals with lined pages, but they will also need writing inside – because the BOP may not let in blank pages. These can be inspirational quotes, religious, or anything, but something is necessary.
      • Constructive Learning. Whatever you are interested in, Art, History, Famous people, Banking, Real estate, or if you like to paint or draw, then do that.
      • Now The Journal. Every day, start a routine for yourself once you get inside. Every day, write what you’ve done,
        • 1) you’ve taken an FSA Class [note the day, time, class name and find something that you learned],
        • 2)  note every conversation that you had with a correction officer (BOP Staff), just in case…
        • 3) once you start reading BOOKS (Non-Fiction), again [note the day, time, book, and find something that you learned and may want to implement later].
        • 4) As you document your journey, this is also Building your Release Plan
        • 5) You’ve been educated to the max as a Ph.D., Doctor, Lawyer, Scientist, etc., so consider teaching a class to inspire those around you.
    9. Reputation Management. Create a website for yourself before you surrender, and then email home everything you’re doing to rebuild your life. So far, all that is there is your INDICTMENT, and Reputation Management Companies don’t hold in the long run. I’ve paid for it, and it hasn’t held.
    10. Once you enter the BOP, this is another Planet. Frustration and Disappointment are to be expected and will test you to your core.
      • Please don’t vent your frustrations to your unit team and case managers; you will only worsen things for yourself. For you, this period is Temporary, but for the BOP Staff, this is their job; they are here every day and have heard every complaint. Please stay under their radar and don’t get the reputation of a complainer.
    11. When you first arrive, as soon as you can get to a computer, take your first SPARC 13 Assessment Questions, because without it, you may still be offered Programs to take, you just will not get any credit.
3) WHAT YOU CAN BRING: (P5580.08)
    1. Wedding band, Bible, under $100.
    2. Bring verification if you have had all your Flu and COVID vaccines and boosters.
    3. Prescriptions for Medical Devices and Medications (2-3 weeks recommended; at worst, they are thrown out); at best, they are available for your use. When surrendering on weekends or holidays, the BOP may allow these to be used if not available from their on-site pharmacy, medical devices, and glasses (that are not made with metal).
    4. ID: birth certificate, passport, driver’s license, and social security card. Copies or originals: It depends on how long your sentence is, and whether you will remember where and who holds your document originals.
    5. Cash may or may not be allowed, but you can try: $320 ($370 in November and December). Otherwise, use either Money Gram or Western Union, as the funds will be deposited within hours.
    6. Legal papers (not your PSR) can include your Medical File and personal contact list. List of personal names (including phone numbers and addresses). Type on the back of a page from your court case, and put it in an envelope labeled ‘Legal’ to take with you when you self-surrender.
    7. Schedule your list of books you’d like to read to start being sent (2 at a time) 2 days before your arrival, lasting most of your pre-calculated stay.
    8. Don’t arrive at lunchtime.
    9. Do present to the higher security facility if you are expecting a satellite camp.
    10. Speeding is sometimes understood at three mph over the limit when driving to surrender.
    11. Arrive early.
4) THINGS TO UNDERSTAND AND PREPARE FOR BEFORE YOUR SURRENDER – POSSIBLY LEADING TOWARD EARLY RELEASE

I. Compassionate Release – What is this?

II. RDAP: What is this, and do I Qualify?

III. Your Reentry/Release Plan – Is this Important? What is this?

IV. FSA—How does it work? What is this? In this video, I review how to implement The First Step Act (FSA) successfully.

 

V. Case Managers, what power do they have on me, and who are they – what do they do?


WHY A RELEASE PLAN?
THIS IS ALL ABOUT PREPARATION; YOU WILL BE GOING HOME ONE DAY
SUCCESS IS A MENTAL PROACTIVE DECISION – THAT DOESN’T HAPPEN OVERNIGHT

I’m here to help you Navagate Through What You Going To Encounter – Because I’ve Been Where You Are Now, And Understand Your Fears

VI. Who should you tell the prison to call in case of an Emergency?

VII. What are the BOP policies for phone calls, email, and personal Contacts, and how do you get money for the commissary?

VIII. Do you have a business that will be running while you are in prison? What can and can’t you do?

IX. Understand Your Medical Needs – Is your healthcare available? This is a big deal. Yes, you can get Surgical 2nd Opinions –  and there may be a 1-3 year wait to get an appointment. After the medical 2nd opinion consult reaches your medical team, The BOP Is Under No Obligation To Follow It.

X. Financial Considerations

    • Banks, Power of Attorney, and what they have in common. 
    • You have a court-ordered Financial Penalty, so understand its impact on your life in prison and release date.

XI. Did you know that your Judge wants to learn about you because Crimes Do Not Occur in a Vacuum;

    • Narrative,
    • Allocution,
    • Reentry/Release Plan
    • Letters That Attest To Your Character
    • Are you Prepared?

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

-Marc Blatstein

We are not Attorneys; you need Legal Representation.

You’re The Target of The FBI – Surrendering During COVID 2022/23

By inDr. M Blatstein's Blog

THOSE OF YOU WHO WILL BE SURRENDERING DURING WINTER 2022/2023, COVID ALONG WITH THE FLU/INFLUENZA MAY BE PRESENT AT YOUR FACILITY

YOU CAN CHECK THIS OUT FIRST BY GOING TO THE BOP WEBSITE AT BOP.GOV

  • WHEN YOU GET THERE, YOU WILL LOOK FOR THE BOP COVID CURRENT MODIFIED OPERATION LEVELS,
  • THEN LOOK FOR YOUR PRISON

IN 2020 THE WORLD WAS CAUGHT BY SURPRISE, BUT BETWEEN ISOLATION, MASKS, AND VACCINES, WE’VE MANAGED TO COME THROUGH IT.

All prisons and jails, being closed-in environments, were perfect breeding grounds, although in the federal system, a few wardens did a great job protecting inmates and staff alike.

ALONG WITH THE OTHER ITEMS I’VE COVERED THAT YOU VAN BRING WITH YOU [SEE MY WEBSITE]

  • If you have had all your COVID vaccines and boosters, bring verification
  • If you haven’t, that’s ok too.
  • If you had your Flu Shot, bring verification.
  • Should your warden be overly cautious in instituting precautions, be grateful. It is better to error on the side of caution.
  • Through your preparation and PSR, the Judge has already seen YOUR COMPLETE MEDICAL Record, which is already at the Prison.

At this point, I cannot tell you if you will be put into an isolation cell, but as of this recording 12/10/2022, that may not be necessary.

Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)

Learn From My Mistakes – So you Don’t Make Yours

I’ve been in practice for 30+ years, which was unfortunately interrupted by an early 6 am knock at my front door,

and a 2nd at 8 am at my podiatric medical practice – all for a problem that I created.

As a result, I Plead Guilty to a Felony and was convicted of a federal White-Collar crime, and was sentenced to time in the BOP.

After my release, and several years of hard work, my license was, restored in full in 2010.

Around that time

  • I chose to use my skills in medicine
  • with my understanding of the BOP
  • to assist those of you,
  • who like me,
  • find themselves facing our Criminal Justice System.

While I Was UNPREPARED

I Made It A Point

  • TO PROVIDE YOU WITH THE RESOURCES SO YOU WILL BE PREPARED- BECAUSE IN PRISON, AS IN LIFE
  • PREPARATION = SURVIVAL
  •  WHILE YOUR STAY IN PRISON WILL BE TEMPORARY (and At times uncomfortable)

The Goal Is To Be Productive and Keep It as Short as Possible

Surrendering To The BOP During COVID Their Modified Operation Levels

Quarantine: Levels: #1, 2, or 3

  • Even though Level 1 is the Lowest,
    • Masks may be required, (remember that the flu is another complication this yr. as we have been isolated since 2/2020)
    • but otherwise, all appears to be functioning normally
  • If you’re designated to a facility that is under Operational Level 2 or 3
    • These may require that additional CDC prevention guidelines be followed
  • Here the Warden is Responsible for determining his ‘operation level’, and
    • these levels will vary around the BOP.

You could be in Quarantine for 2-4 weeks,

  • Remember in the Big Picture –THIS IS TEMPORARY
  • Now preparing for 1-4 weeks in a cell – You Will Get Bored
  • Think about Books – Books You Can Learn From:
  • Make a list of books you’d like to read – START SENDING TWO DAYS BEFORE YOU ARRIVE,
  • Pre-Set a schedule for each friend and family member – it’s cheaper for all
  • Getting too many books at once could get you in trouble
    • Ask family & friends to each send books from the list, 2 books at a time
  • When you get to the Camp or Low
    • After you make friends, ask them, to ask their family, to call yours and let them know you are OK.

Hardback – from Amazon, Softback – from home

  1. Marco Polo’s “Travels”,
  2. Martin Luther King’s “Letter from Birmingham Jail”,
  3. Nelson Mandela’s Autobiography
  4. The Three Laws of Performance, By Steve Zaffron
  5. Rich Dad, Poor Dad, by Robert T. Kiyosaki
  6. How to Win Friends and Influence People by Dale Carnegie
  7. The 7 Habits of Highly Effective People: STEPHEN R COVEY
  8. The Power of Habit: by Charles Duhigg
  9. Steve Jobs by Walter Isaacson
  10. The Gift, Edith Eva Eger

… these are all great places to start and should continue throughout your stay

Inmates may also receive up to five magazines (no sexually explicit material) or paperback books per day.

Paperback books sent in a package

  • must have the contents clearly annotated on the outside of the box
  • (IE… 5 paperback books enclosed in accordance with BOP policy), and
  • only the books may be in the package.

Books, magazines, and photos are the basic items that an inmate may receive from family and friends.

Hard-covered books:

  • (no padded covers, no enclosed CD/DVD) and/or newspapers
  • only from a publisher, distributor, or bookseller (IE… Amazon.com, Walden Books.com).

 

Blank journals, diaries, address books, daily planners, card stock, construction paper, hobby craft materials, or sketchbooks

  • are not authorized for receipt.
  • Inmates also cannot receive any food items, clothing, or electronic media (CDs, DVDs, flash drives, etc…).

Consultations are on me.

Thank you! Marc

240.888.7778

DrMB@PPRSUS.com

Physician Presentence Report Service

No matter where you are in The Process, there are things we can do

* No Physician,  Attorney, or Consultant can promise any outcomes.

 

You’re The Target of The FBI – Surrendering During COVID 2022/2023

By inDr. M Blatstein's Blog

You’re The Target of The FBI – Surrendering During COVID 2022/2023

 

FOR THOSE OF YOU WHO WILL BE SURRENDERING DURING WINTER 2022/2023

COVID ALONG WITH THE FLU/INFLUENZA MAY BE PRESENT AT YOUR FACILITY

 

YOU CAN CHECK THIS OUT FIRST BY GOING TO THE BOP WEBSITE AT BOP.GOV

WHEN YOU GET THERE, YOU WILL LOOK FOR THE BOP COVID CURRENT MODIFIED OPERATION LEVELS, THEN LOOK FOR YOUR PRISON

 

IN 2020 THE WORLD WAS CAUGHT BY SURPRISE, BUT BETWEEN ISOLATION, MASKS, AND VACCINES, HERE IN THE US, WE’VE MANAGED TO COME THROUGH IT.

 

All prisons and jails, being closed-in environments, are perfect breeding grounds for viruses. Through the 2020/2021 COVID epidemic there were a few wardens who did a great job at protecting their inmates and staff alike.

 

ALONG WITH THE OTHER ITEMS I’VE COVERED THAT YOU VAN BRING WITH YOU [SEE MY WEBSITE: PPRSUS.com]

If you have had all your COVID vaccines and boosters, bring verification

If you haven’t, that’s ok too.

If you had your Flu Shot, bring verification.

Should your warden be overly cautious in instituting precautions, be grateful. It is better to err on the side of caution.

Through your preparation of the PSR, the Judge has already seen YOUR COMPLETE MEDICAL Record, which should be at the Prison.

At this point, I cannot tell you if you will be put into an isolation cell, but as of this recording 12/10/2022, that may not be necessary.

Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)

My focus in creating The Physician Presentence Report Service

Is ALWAYS – Being Prepared

 

Learn From My Mistakes – So you Don’t Make Yours

I’ve been in practice for 30+ years, which was unfortunately interrupted by an early 6 am knock at my front door, and a 2nd at 8 am at my podiatric medical practice – all for a problem that I created.

 

As a result,

I Plead Guilty to a Felony, was convicted of a federal White-Collar crime, and was sentenced to time in the BOP.

After my release, and several years of hard work, my license was, restored in full in 2010.

Around that time

·        I chose to use my skills in medicine

·        with my understanding of the BOP

·        to assist those of you,

·        who like me,

·        find themselves facing our Criminal Justice System.

 

While I found myself totally UNPREPARED

I Made It A Point;

TO PROVIDE YOU WITH THE RESOURCES SO YOU

WILL BE PREPARED- BECAUSE

IN PRISON – AS IN LIFE

PREPARATION = SURVIVAL

 

WHILE YOUR STAY IN PRISON WILL BE TEMPORARY (and At times uncomfortable)

The Goal Is To Be Productive and

Keep It as Short as Possible

Surrendering To The BOP During COVID Modified Operation Levels

Quarantine: Levels: #1, 2, or 3

•        Even though Level 1 is the Lowest,

  • Masks may be required, (remember that the flu is another complication this yr. as we were isolated since 2/2020), but otherwise, all appears to be functioning normally

•        If you’re designated to a facility that is under Operational Level 2 or 3

  • These may require that additional CDC prevention guidelines be followed

•        Here the Warden is Responsible for determining his ‘operation level’, and these levels will vary around the BOP.

 

You could be in Quarantine 2-4 weeks, 

•        Remember in the Big Picture –THIS IS TEMPORARY

•        Now preparing for 1-4 weeks in a cell – You Will Be Bored

•        Think about Books – Books You Can Learn From:

•        Make a list of books you’d like to read – START SENDING THEM TWO DAYS BEFORE YOU ARRIVE,

•         Create a Pre-Set schedule for each friend and family member – and it’s cheaper for all

•        Getting too many books at once could get you in trouble

  • Ask family & friends to each send books from the list, 2 books at a time

•        When you get to the Camp, or Low

  • After you make friends, ask them, to ask their family, to call yours and let them know you are OK, if you haven’t been able to make a call or get to the BOP email system

 

Hardback – from Amazon, Softback – from home

1.      Marco Polo’s “Travels”,

2.      Martin Luther King’s “Letter from Birmingham Jail”,

3.      Nelson Mandela’s Autobiography

4.      The Three Laws of Performance, By Steve Zaffron

5.      Rich Dad, Poor Dad, by Robert T. Kiyosaki

6.      How to Win Friends and Influence People by Dale Carnegie

7.      The 7 Habits of Highly Effective People: STEPHEN R COVEY

8.      The Power of Habit: by Charles Duhigg

9.      Steve Jobs  by Walter Isaacson

10.   The Gift, Dr. Edith Eva Eger

… these are all a great place to start and should continue throughout your stay

BOP Rules:

Inmates may also receive up to five magazines (no sexually explicit material) or paperback books per day.

Paperback books sent in a package (from home)

·        must have the contents clearly annotated on the outside of the box

·        (IE… 5 paperback books enclosed in accordance with BOP policy), and

·        only the books may be in the package.

·        From The BOP, Books, magazines, and photos are the basic items that an inmate may receive from family and friends.

Hard-covered books:

·        (no padded covers, no enclosed CD/DVD) and/or newspapers

·        only from a publisher, distributor, or bookseller (IE… Amazon.com, Walden Books.com).

Not Authorized,

Blank journals, diaries, address books, daily planners, card stock, construction paper, hobby craft materials, or sketchbooks

·        Inmates also cannot receive any food items, clothing, or electronic media (CDs, DVDs, flash drives, etc…).

You’re Now The Target of The FBI – You Have A Choice.

PREPARATION • SELF-ADVOCACY • REENTRY PLANNING

SUCCESSFUL ⇒ LIFE AFTER RELEASE

Consultations are on me.

Thank you! Marc

240.888.7778

DrMB@PPRSUS.com

Physician Presentence Report Service

No matter where you are in The Process, there are things we can do

* No Physician,  Attorney, or Consultant can promise any outcomes.

BOP: Self-Surrender

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

BOP: Self-Surrender, Ensuring a Smooth Transition

Avoid a stay in Solitary Confinement,
‘Self-Surrendering Successfully’ in the BOP.

Before the sentencing hearing.

1.     Ensure accuracy of the PSR.

2.     Verify public safety factors (PSFs) to ensure appropriate security levels. These could include or preclude camp placement for otherwise qualified defendants.

3.     Counsel should consult with the client to determine:

•       Which facility the client prefers?

•       Appropriately calculated security level verified.

•       Submit the proposed recommendation to the prosecutor to get their Non-Objection.

•       The Non-Objection then gets submitted to the court and clerk at sentencing.

•       PSR Accuracy.

a.     Formal findings are made by the judge: Federal Rule of Criminal Procedure 32(c)(1) and attached to the PSR before it is forwarded to the BOP.

b.     Findings are made in the “Statement of Reasons” (sealed form), the section of the judgment will also suffice.

c.     Check that the clerk prepares the judgment correctly including your SOR content.

d.     Criminal history score may not change a defendant’s score, but it can negatively impact prison designation.

After sentencing with the designation made:

·       Review with the defendant information such as nearby hotels, visiting hours, mail, commissary, telephone, items that are allowed in prison, etc.

What the defendant can bring with them:(P5580.08)

1.     Basic wedding band, Bible.

2.     Prescriptions for medications (4 weeks recommended, at worst they are thrown out, at best they are available for your use. When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy), medical devices, and glasses (that are not made with metal).

3.     ID: birth certificate, passport, driver’s license, and social security card.

4.     Cash; $320 ($370 in November and December), then use either Money Gram or

Western Union for monthly deposits.

5.     Legal papers.

6.     List of personal names (including phone numbers and addresses).

A copy of the article can be found in LinkedIN

Self-Surrendering In The BOP

By

Self-Surrender in the BOP

Before the sentencing hearing.

1.     Ensure accuracy of the PSR.

2.     Verify public safety factors (PSFs) to ensure appropriate security levels. These could include or preclude camp placement for otherwise qualified defendants.

3.     Counsel should consult with the client to determine:

•       Which facility the client prefers.

•       Appropriately calculated security level verified.

•       Submit the proposed recommendation to the prosecutor to get their Non-Objection.

•       The Non-Objection then gets submitted to the court and clerk at sentencing.

•       PSR Accuracy.

a.     Formal findings are made by the judge: Federal Rule of Criminal Procedure 32(c)(1) and attached to the PSR before it is forwarded to the BOP.

b.     Findings are made in the “Statement of Reasons” (sealed form), the section of the judgment will also suffice.

c.     Check that the clerk prepares the judgment correctly including your SOR content.

d.     Criminal history score may not change a defendant’s score, but it can negatively impact prison designation.

After sentencing with the designation made:

·       Review with the defendant information such as nearby hotels, visiting hours, mail, commissary, telephone, items that are allowed in prison, etc.

What the defendant can bring with them:

1.     Basic wedding band, Bible.

2.     Prescriptions for medications (4 weeks recommended, at worst they are thrown out, at best they are available for your use. When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy), medical devices, and glasses (that are not made with metal).

3.     ID: birth certificate, passport, driver’s license, and social security card.

4.     Cash; $320 ($370 in November and December), then use either Money Gram or Western Union for monthly deposits.

5.     Legal papers.

6.     List of personal names (including phone numbers and addresses).

Original article found in LinkedIn

DOES BEING INDICTED MEAN JAIL? | HOW TO DO LESS TIME? | VETERAN PROGRAMS.

By

Through my story, this video explains why finding the right attorney for you is important. Although this is your life-altering event, Preparation and Knowledge of what you are about to do could still result in a positive outcome. Knowing that the DOJ has a 98% conviction rate, what is a positive outcome for you? Learn from my experiences through my video.

Serving Less Time Starts With Preparation

 

RECEIVING A FEDERAL INDICTMENT CAN BE TERRIFYING
TRIAL OR PLEA?
THE DOJ HAS A 98% CONVICTION RATE.

 

THE SOONER YOU ACT – THE FEWER PROBLEMS YOU’LL HAVE, WHY?

  • IN ADDITION TO A 98% CONVICTION RATE, THEY HAVE VERY DEEP FINANCIAL POCKETS TO PROSECUTE, AND “YOUR CASE” BY THIS POINT IS COMPLETED.
  • LEGAL REPRESENTATION IS YOUR FIRST DECISION; HOW WILL YOU PICK AN ATTORNEY, AND WHAT QUESTIONS SHOULD YOU ASK FIRST?

PREPARATION – SO MANY QUESTIONS, WHO CAN YOU ASK FOR ADVICE

  • THERE’S FEAR, PANIC, DENIAL, AND DISBELIEF
  • FINALLY, YOU DECIDE ON A LAWYER, WAS THIS THE RIGHT DECISION?
  • NOW, HOW TO SET YOURSELF UP FOR THE BEST POSSIBLE OUTCOME? WHAT DO YOU DO FIRST?

PREPARATION – WITH EVEN A GREAT ATTORNEY THEY CAN ONLY DO SO MUCH

    1. COUNSEL DEPENDS ON YOU TO BE 100% TRUTHFUL; THAT SOUNDS EASY – BUT NOT SO MUCH
    2. PREPARING FOR YOUR PRESENTENCE INTERVIEW SHOULD BE THE MOST IMPORTANT THING IN YOUR LIFE, NO MATTER THE LENGTH OF YOUR EXPECTED SENTENCE
    3. PROPERLY PREPARED,  ARE YOU CONFIDENT IN UNDERSTANDING WHAT MAKES UP YOUR PRESENTENCE REPORT (PSR) 
      • ALL THE INFORMATION YOU GATHER WILL INFLUENCE YOUR LIFE AND IS RECOMMENDED TO BE PRESENTED TO YOUR PROBATION OFFICER 1-2 WEEKS BEFORE YOUR INTERVIEW.
        • AFTER YOUR INTERVIEW AND INVESTIGATION, THE PROBATION OFFICER WILL WRITE THE PRESENTENCE REPORT – BASED ON THE INFORMATION THAT YOU PROVIDED
      • YOUR JUDGE IS GOING TO SENTENCE YOU BASED ON THE SAME INFORMATION YOU PROVIDED THAT MAKES UP YOUR PRESENTENCE REPORT. IF COMPREHENSIVE, IT INCLUDES,
        • COPIES OF ALL BIOGRAPHICAL BACKGROUNDS (What is all this?)
        • COPIES OF ALL PERSONAL IDENTIFICATION 
        • PERSONAL NARRATIVE, 
        • RELEASE PLAN
        • ALLOCUTION
        • “CHARACTER” REFERENCE LETTERS
      • YOU SHOULD ALSO HAVE AN UNDERSTANDING OF YOUR,
        • PATTERN SCORE,
        • SPARC-13 
        • GOOD TIME CREDITS,
        • REQUIREMENTS OF THE FIRST STEP ACT
          • EARNED TIME CREDITS, ETC 
          • FINANCIAL RESPONSIBILITY PROGRAM (FRP)
          • CRIMINOGENIC RISK FACTORS
        • ARE YOU RDAP ELIGIBILE
        • SECOND CHANCE ACT, BECOME FAMILIAR WITH ITS BENEFITS
        • COMPASSIONATE RELEASE, WITH THE FSA PROVIDES OPTIONS
          • INITIALLY, IT DEPENDED ON YOUR AGE OR MEDICAL CONDITION
          • THE SECOND LOOK ALLOWS THE COURT TO LOOK AT THE FACTS NOW
            • NOT JUST – WHAT HAPPENED AT YOUR SENTENCING
              1. BAD LAWYERING.
              2. THE LAWS HAVE CHANGED.
              3. YOUR NEED AS A FAMILY CAREGIVER.
              4. THE PERSON GOT A RAW DEAL AT SENTENCING.
              5. WAS THIS A FAIR SENTENCE LOOKING AT THE FACTS TODAY.
              6.  EXTRAORDINARY CHANGE IN CIRCUMSTANCES, ALLOWING FOR A LOWER SENTENCE OR RELEASE.
              7. SARS-CoV-2 VARIANT THAT CAUSES COVID-19 KEEPS MUTATING, SCIENCE, AND THE COURTS CAN’T KEEP UP.
        • THE ADMINISTRATIVE REMEDY PROCESS (BP9-11, AND 2241), the BOP ENCOURAGES ITS USE.
        • CASE MANAGER, COUNSELOR, UNIT TEAM, WARDEN, AND HOW THEY CAN INFLUENCE, FOR BETTER OR WORSE, YOUR JOURNEY THROUGH PRISON AND EARLY RELEASE.  ↓ BELOW IS YOUR PRESENTENCE INTERVIEW.

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

-Marc Blatstein

This video covers preparation for your Presentence Interview and needs to include everything about you: 1) Your Personal Narrative, 2) your Release Plan, 3) your Biographical Background (All of your Medical Records, for example), and 4) Your Personal Identification.

AFTER YOU ENTER PRISON – WHAT ARE YOUR EXPECTATIONS DAY 1?

    1. WHAT ARE THE BEST TIMES TO ARRIVE IF SELF-SURRENDERING
    2. WHEN YOU SURRENDERED, WHAT DID YOU BRING?
    3. WERE YOU PUT IN AN ISOLATION CELL? WAS IT A SURPRISE? WERE YOU GIVEN A HEADS-UP EXPLANATION WITH OPTIONS, WHICH ARE…
    4. THERE MAY BE FORMS TO BE FILLED OUT- BUT YOU’RE READY
    5. FOR MOST THINGS GOING FORWARD, YOU HAVE BEEN PREPPED ON,
      • WHAT TO EXPECT AND HOW TO ACT
      • DISAPPOINTMENT AND FRUSTRATION 
      • OR WAS ALL OF THIS A SURPRISE?
    6. FOLLOWING EVERYTHING WE HAVE REVIEWED, THERE IS A PLAN TO WORK TOWARD EARLY RELEASE, UNDERSTANDING THAT THERE ARE NO GUARANTEES.
    7. DISAPPOINTMENT AND FRUSTRATION LIKELY WILL FOLLOW, BUT THE ONLY PERSON WHO CAN CONTROL HOW YOU REACT IS YOU.

 

THIS VIDEO COVERS HOW YOU CAN WORK OR EARN YOUR WAY TOWARD FREEDOM, USING ELIZABETH HOLMES AS AN EXAMPLE OF WHAT IS POSSIBLE

 

HOW TO LOSE ALL OF YOUR EARLY RELEASE BENEFITS

Don’t Get Disciplined Infractions; No Cell Phones, No iPads (Unless They’re From The Commissary). You Can Lose All Good Time Credit, Earned Time Credit, RDAP, and Possibly Get a New Charge.

Is your client a Veteran?

Alternatives to Prosecution and Incarceration for Justice-Involved Veterans

If possible, connect your client with a facility that caters to veterans.

Catholic University Law Review; “Dog Training Programs support inmate rehabilitation.”

Other Military prisons with service dog training programs

  • NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)
  • NW Joint Regional Correctional Facility Ft. Lewis Washington
  • Military Prison at Fort Leavenworth
  • Once their training is complete, these dogs are placed with veterans in the community who have:

If You Suspect You’re The Target of a Federal Investigation | Wherever You Are In The Process – There Are Still Things We Can Do

We are not Attorneys; you need Legal Representation.

WHEN TO MAKE YOUR PLACEMENT REQUEST, LEARN HOW.

By

FEDERAL PRISON: SENTENCING AND PLACEMENT 

This video covers a simple 3-step process when making a specific BOP placement request. I hope this is self-explanatory, if not, I am available to consult.

THE PROCESS

PREPARATION – TRICK QUESTIONS.

  • MAKING THE PLACEMENT REQUEST  – WHEN IS IT BEST?
  • WHAT PROMPTED YOUR JUDGE TO HAVE A CONVERSATION WITH YOU?
  • DO YOU BELIEVE IN GUARANTEES REGARDING YOUR SENTENCE OR PLACEMENT?

RIGHT BEFORE THE JUDGE TELLS YOU, YOUR SENTENCE IS WHEN…

 1st) YOUR ATTORNEY REQUESTS,

 2nd) YOUR LAWYER THEN REQUESTS ‘1’ PRISON WHILE

  • PROVIDING THE COURT AN EXAMPLE PLACEMENT PACKET – (Example) FPC Alderson, which addresses your Program Needs.
    • YOU SUGGEST A DATE, PREFERRING SOME TIME BETWEEN THE 14th – 21st OF THE MONTH.
    • SHOULD THE JUDGE AGREE WHILE REVIEWING YOUR PACKET, GREAT!

3rd) REQUEST A SURRENDER DATE TO BE IN THE 3rd WEEK (or BETWEEN THE 14th – 21st) OF THE MONTH.

  • WHY? THIS WOULD ALLOW 2 COMMISSARY SHOPPING DAYS CLOSER TOGETHER TO PURCHASE SOCKS, UNDERWEAR, TOOTHPASTE AND BRUSH, etc.

4th) LAST, YOUR LAWYER ASKS THE COURT TO REQUEST 

  • COULD  THE BOP NOTIFY THE COURT IN WRITING SHOULD THEY NOT BE ABLE TO GRANT THIS PLACEMENT REQUEST.

5th) Resources To Help You Choose The Best Facility That Meets Your Needs

  1. Based on BOP Programs and Incentives [Example: PPRSUS_Otisville]
  2. Based on Research From The Corrections Information Council (CIC) [Example: PPRSUS_Otisville FCI – CIC]

 

THE FINAL DECISION FOR EVERYTHING NOW RESIDES WITH THE BOP – BUT YOU AND YOUR LEGAL TEAM HAVE DONE YOUR BEST!

The BOP Makes The Final Determination Based On.

  • Bed availability, 
  • Faith-based needs,
  • Security designation,
  • Programmatic (FSA) needs,
  • Mental and medical health needs,
  • Recommendations of the sentencing court (They do make a conscious effort (75%) to do this),
  • Other security concerns of the Bureau of Prisons,
  • Placing the inmate in a facility as close as practicable to their primary residence, and to the extent practicable, within 500 driving miles of that residence.

 

RESTITUTION REQUIREMENTS, THERE MAY BE OPTIONS THAT STILL ALLOW YOU TO MOVE FORWARD WITH YOUR FAMILY AS YOU REENTER SOCIETY

THE COURTS ORDER REGARDING YOUR FINANCIAL PENALTY: Verify that the Judge “Checks the ▢ Box” that reads, “No Interest.”

This video covers making a placement request from another perspective.

>

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

-Marc Blatstein

We are not Attorneys; You Need Legal Representation.

No Matter Where You are in The Process | There Are Always Things We Can Do

Photo Credit: https://www.instagram.com/ngu.donaldtong/?ref=pexels

Good Time Credit | 2nd CHANCE ACT | FIRST STEP ACT, ALL HELP 👉​Early Release

By

GOOD TIME CREDIT (GTC)

This video is a straightforward explanation of Good Time Credit.

 

For a personal, one-on-one call with me to discuss your current issue, or that of a loved one,  give me a call (240.888.7778). If I am unable to answer, please leave a brief message, as I personally return all of my calls. Marc Blatstein

We are not Attorneys; You Need Legal Representation.

Available to all incarcerated persons,

But not to those serving life or a 1-year-1 day sentence.

Good Time Credit is changed from 47 to 54 days per year,
off Their Imposed Sentence

The Prison Litigation Reform Act (PLRA), per BOP Policy,

To Get Good Time Credit, you must either have the following;

1) earned your GED or,

2) made satisfactory progress toward reaching your GED and

3) Avoid disciplinary infractions.

Good Time credit can be taken away after being given,

But only for ‘good cause’, and only in these ‘two examples:

1st) For e.g., riot, food strike, work stoppage, etc., or

2nd) Misbehavior, where the BOP only learned about it – after the good time was given.

 

Families Against Mandatory Minimums (FAMM) Calculation

“…for every year of imprisonment: you can earn up to 54 days of credit against AGAINST EVERY YEAR – UP FRONT YEARLY.

(“Term of Imprisonment” is widely understood as meaning the sentence of imprisonment imposed by the judge.)”

Example: Simply put:

For someone in the federal system serving a term of 5 years (THAT EQUALS 1826 days, including an extra day for a leap year), with

With Excellent Conduct, with, and only if he/she earns all possible good time.

Federal sentences are to be served at approximately 85% of each year, or:

(The 54 Days of GTC is included in the 311.)

311 Days  x  “5 Years” = 1555 Days Until Release [54 + 311 = 365 | 311  x  5 = 1555]

This means he/she earns

54 Days Of Good Time as they complete each set of 311 days.

By the end of five sets (x) 311 days/year)years,  

(5) x  (311) = 1555 days = 85%,

of their 1826-Day Sentence; or ~ 85%

 

INFRACTIONS: COULD KEEP YOU FROM RECEIVING THESE BENEFITS 

*EARLY RELEASE OPTIONS*

Self-advocating for Early Release is explained in this video – but no one can guarantee what The BOP will do.

I)                GOOD TIME CREDIT 15%

  • time reduction from the date the sentence was imposed.
  • Don’t get in trouble – No Infractions.

 

II)              First Step Act (FSA): LAW 12 MONTHS

The program allows up to 365 days of earned time credits (ETC), which will apply to early release if you:

IIa)         RDAP

  • You’re allowed OFF for RDAP
    • sentenced > 36 months and may receive up to 12 months off the sentence.
    • Sentenced> 30 months may receive up to 9 months off the sentence.
    • Sentenced> 24 months may receive up to 6 months off the sentence.
  • IN ADDITION TO THE (UP TO ) 1 YEAR OF CREDITS – FOR SUCCESSFUL COMPLETION OF FSA PROGRAMS

IIb) You are Educated With a Degree and Experience, Create a Course

  • Start planning a curriculum on a topic that you feel would be interesting
  • Organized for classes to meet twice per week for several months, 
  • Then you run the idea by your case manager; maybe it could help those with their GED; who knows?
  • Once all parties agree, your case manager is happy, and your Reentry Plan Looks GREAT!
  • It’s just one more thing Working For You. 

 

III)  Second Chance Reauthorization Act (SCRA). 12 MONTHS in an RRC Law 

  1. The regulation mandates that. 
    • “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).
  1. This regulation also provides for 
    • home detention as a condition of pre-release custody during their final months of imprisonment,
    • not to exceed the shorter of ten percent of the inmate’s term of imprisonment or
    • six months.”
  1. BOP staff is required to review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).

(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence—
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.

In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.

The Bureau may, at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.

The Bureau shall make appropriate substance abuse treatment available for each prisoner the Bureau determines has a treatable substance addiction or abuse condition.

Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.

Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.

  1. Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
    • The qualifying age is 60+ years, and You can serve that last part at Home
    • You must have served two-thirds of the sentence must be served to be eligible.
    • The offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that
      • the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
    • The offender must not have escaped or attempted to escape from a BOP institution;
    • The BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government and
    • The BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention.

IV)            CARES Act: NEW End Date April 2023

Coronavirus Aid, Relief and Economic Security (“CARES”) Act

    • Mitigate the effect of COVID
    • They can place you home earlier
    • Case by Case
    • By Medical, based on risk, to keep the staff and community safe.
    • With an agency struggling with employee shortages and inmates with low-security risk and high maintenance costs (“costly medical care”), unloading as many prisoners as possible seems like a sound fiscal policy…

Podcasts

Bankman Released on 250 M Bond – Could be facing longer time than Madoff

In Healthcare, You’re The Target – DOJ and HHS Enforcement White-Collar Task Force

FBI Arrests Bankman-Fried in Massive Crypto FTX fraud

Take Ownership of Your Defense – What Happens When You Don’t

You’re The Target of The FBI – Surrendering During COVID 2022/2023

MORE THAN WHISPERS – Target #1: The FBI’s Coming

You’re The Target of The FBI – Now, What Do You Do? Surrendering During COVID’s The BOP Modified Operation Levels 2022/2023

White-Collar FBI Target: How Do I Get Out of Prison — The Fastest?

You’re the FBI Target – 5 Areas Where You MUST ADVOCATE For Yourself

PREPARATION- It’s your Sentencing Hearing, Presentence Interview, and Personal Narrative

FBI PROBE

POST-COVID LONG-HAULER 12-2022

A positive example of breaking the recidivism paradigm

  • LastMile.org, a program started at San Quentin State Prison. Located at San Quentin State Prison, where they started the program, they prepare “incarcerated individuals for successful reentry through business and technology training.”

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a personal, one-on-one call with me to discuss your current issue or that of a loved one,  give me a call (240.888.7778). If I cannot answer, please leave me your name, number, and a brief message, as I make every effort to return all of my calls – that same day. Marc

We are not Attorneys; you need legal representation.

National Medical and Mental Health Programs
Overcrowding
BOP Overall Fact Sheet
Medical Care Level Classification
Sentencing Issues

 

Photo Credit: https://www.pexels.com/@lanophotography

WITH THE FSA👉EARLY RELEASE IS POSSIBLE. ✍THE WORK IS MORE THAN JUST GOING TO PROGRAMS

By inDr. M Blatstein's Blog

THE WORK IS MORE THAN JUST GOING TO PROGRAMS; ✍ WE SHOW YOU HOW

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

PREPARATION. IS THE MOST IMPORTANT CONCEPT I WISH TO SHARE WITH THOSE FACING FEDERAL PRISON

Facing prison becomes real as your client finds themselves remanded or self-surrender. Being prepared for the possibility that they could be placed in an Isolation Cell on their first day is a preventable surprise that can be anticipated with a “heads-up” explanation before their arrival.

With Comprehensive Preparation for the Presentence Interview, defendants find themselves prepared for most eventualities. As part of their preparation, several days before their surrender date, they could have sent themselves books to read. Yes, these paperback books may start coming from Amazon (or home), and will remove some of the initial stress and boredom should they find themselves, right after surrendering, facing 23 hours per day in an isolation cell. This also sets up their habit of reading by showing their Case Manager that they are working to reduce their Improve Themselves, which positively impacts their Reentry Plan in the long run.

STAKEHOLDERS.

These are the persons responsible for incrementally reducing a person’s ‘Criminogenic Needs’ over time. This starts with the Judge, followed by Case Managers and Unit Teams (in prison), who determine everything a person does, from their job requirement to where one sleeps. Further, they are responsible for recommending programs as a result of their assessment survey, available through The First Step Act (FSA).

  • FSA BENEFIT. This offers up to 365 days off a sentence, with the remaining Earned Time Credits (ETC) going to extra time in a Halfway House or possibly Home Confinement, which is still under BOP control.
  • Other benefits include Good Time Credit, Second Chance Act (28 C.F.R. § 570.21(a)), Compassionate Release, and Cares (for a limited time).

THE PRESENTENCE REPORT (PSR).

All the while, the Presentence Report proves its reputation as ‘The Inmates Bible.’ This is because the first STAKEHOLDER your client will meet may be their Case Manager, who will have already read it in order to learn a little about the person they will soon meet.

If comprehensive, the Probation Officer who previously Interviewed your client will have weaved into Their Probation Report the NARRATIVE, REENTRY/ RELEASE PLAN, along with ANSWERS to the SPARC-13 ASSESSMENT QUESTIONS.

No Narrative in the Defendant’s Presentence Report?

  • Then, all the STAKEHOLDERS will know about your client – will be what’s written in the DOJ INDICTMENT. I think we can all agree that this is not the most flattering way to make a great first impression on the Judge. Then, once incarcerated, the Case Manager, the Unit Team, and the Warden control when your client will be returned to freedom; now may be biased – just not in your client’s favor.

After your arrival and you’re all settled in, you’re now tasked with locating the computers, but not for emailing your loved ones. Rather, you need to take and complete your Risk Assessment Survey. This is because the First Step Act Programs you take will only count for Earned Time Credit (ETC) if 1) they have been recommended by BOP staff and 2) after you have completed your SPARC-13 Assessment Survey.

  • To be prepared to take the Survey and speak with the Case Manager, you can also mail yourself a copy of the FSA Program Statement 5410.01_cn2  to review before meeting with your Case Manager several days before your arrival.

INCREMENTAL IMPROVEMENT – REDUCING CRIMINOGENIC NEEDS.

PATTERN. Your Pattern Risk Assessment Score is another assessment score and is hardcoded. Approximately 50% still applies at your 1st assessment, which occurs within 30 days after arriving. See where you fit.

As your attorney and Probation Officer will know this by the time of the Presentence Interview, it’s good for the defendant to become familiar with the categories and address the issues that need addressing.

I. WORK – THE FSA IS MORE THAN JUST GOING TO CLASSES 

The only way I know of proving that you’ve,

  1. ...taken the classes,
  2. …demonstrated Incremental Improvements that your Case Managers need to see – (which I have learned from others),
  3. …is by daily writing (or documenting) everything constructive you do while in custody, which is by keeping a daily log or journal.
  4. WHY KEEP A DAILY LOG?

Consider this Insurance; similar to purchasing Life, Health, or Auto: You hope you don’t need it – Until you do.

  • Next is Building this “New” Habit, practice – practice – practice. Then, repeating this skill daily until it becomes second nature. A great book on this: The Power of Habit, by Charles Duhigg.

Why? What do you do if the BOP has No Record that you took that class – on that date – and you find this out 6 Months Later, what do, or can you do?

  • READ THIS, Great documentation-proof, ‘possibly,’ could have provided a more favorable outcome – Don’t Let This Be You: Legal Case: this person was denied their ETC (apparently without clear documented proof of ETC to support his position of 365, among other issues).

Ia. FIRST STEP ACT PROGRAMMING. Keep a running journal of everything Constructive that you are doing each day. This log will include the day, date, time, and your constructive activity – what you did and learned. Whether taking an FSA Class, reading a book that you could learn from, or other time well-spent activity, keep a record of what you learned and who taught that class (if this was FSA, include positive comments about the teacher). Then, at the end of the class, a brief note on lessons learned, how you will use them in daily life, and a brief thank you to your Case Manager for recommending that special program. This all goes towards building your Reentry/Release Plan.

 

If Your Case Manager, Counselor, and Warden, in their tenure, see hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility, how can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in an earlier release date.

Ib. NON-FICTION BOOKS – Remember What You Want, ‘TO GET HOME’ – start building this new habit. For as long as you will be in prison, pre-schedule books to be sent from Amazon (spread out among family and friends – on a schedule so that the responsibility and costs are spread out) to arrive every 2-3 weeks. Read daily and note the day, date, time, and specific “takeaways” that you have learned from each book by chapter, and watch your Release Plan continue to grow.

  • You still want OUT of The BOP – Right? Give credit to your Case Manager for what you have learned in your ‘Release Plan’. Now, they, too, look great in the eyes of their supervisors.

The books can be on any topic, you have the time, and possibly this could develop into a new career. Biographies of famous people, Art, Art History, Science, Painting, Life Skills, History, Famous Women in History, Geology, really anything you are interested in. If you’re unsure, go to my website. the books are at the bottom of this page, or get ideas from The New York Times, Forbs, Inc., – but buy from Amazon as the BOP guards are familiar with Amazon (and paperbacks are cheaper).

  • This is just an idea, a starting point – you may have an interest in Painting or Drawing, whatever it is, take this time and explore it; please don’t waste it on just TV. This is Temporary, and Eventually, you will be Released.
  • This is advice that I have learned from others who have developed a broader perspective. My wish for you continues to be PREPARATION.

Ic) You’re Educated With a Degree and Experience, Great – Create a Course

  • Plan a curriculum on a topic that you feel would be interesting.
  • Organize it for classes to meet 2-3 times per week for several months,
  • Then, run the idea by your case manager; maybe it could help those with their GED; who knows?
  • Once all parties agree, your case manager is happy, and your Reentry Plan grows – GREAT!
  • Let your Case Manager and Unit Team take the credit!
  • It’s just one more thing Working For You.

Id. Log every conversation you have with each BOP staff member by name, date, time, and topic; it’s for “just in case.” It can be an innocent conversation, but you will never know – until the day you need it, but if you forgot the day, date, and exact conversation – you’re out of luck.

Ie. Second Chance Pell Education Grant. Do you have your GED? Yes, Great! Do you have a College Education? The Department of Education intends to fully implement the legislative changes to allow eligible students’ college-in-prison programs to access Federal Pell Grants, beginning July 1, 2023. The Biden-Harris Administration has the following list of participating Colleges and Universities. Please check for Grant eligibility first.

II. THE FINANCIAL RESPONSIBILITY PROGRAM (FRP). Should you have a court-ordered financial penalty to participate in the First Step Act, you must offer to participate in the Program; otherwise, you could be denied participation in FSA programs and/or early release benefits. If the Judge ordered that you could delay payments (Yes, still offer something to your Case Manager. It will help you in the long run.). If the Judge ordered, for example, $25 per quarter, to offer something more to your Case Manager will elicit a similar response.

Recommendations:

  1. Do not keep $1000s in your Commissary Account. Why? Because the DOJ one day would like nothing better than confiscating 75% of your commissary money.
  2. Offer reasonable payment options. If your commissary account takes in > $1000s per Month, offer to contribute $200 per Month to your FRP; if your account takes in $200-500 per Month, offer to contribute $25-75 per Month (or quarter, depending on your ability to pay), to your FRP.
  3. Refusing is not an option – unless you wish to serve your full sentence and possibly risk the DOJ getting their wish of confiscating 75% of everything in your commissary account.

RELEASE PLAN, INTERVIEW.

  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you for the Second Chance Act? If you don’t appear to care about your future – which is how they will view it, why should your STAKEHOLDERS spend their extra time on you?
  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you to a Residential Reentry Manager (RRM)?
  • No Reentry/Release Plan 👉 Why, should a Residential Reentry Manager (RRM) take a chance and offer you one of their beds when there is someone else applying with a Great Release Plan? If someone has taken the time to 1)write a Release/Reentry Plan that has reviewed their progress during their time in prison, 2)explain why they need and how they will use the time while filling one of the limited Halfway House beds, or while on Home Confinement, who would you choose?
  • Case Manager recommendations are important to Residential Reentry Managers (RRM), as they need to know that they’re bringing in a qualified person who can continue their reentry successfully back into the community.

REENTRY/RELEASE PLAN. Starting it before your Presentence Interview isn’t easy, so explain that you researched content for your Release Plan Online at the MN Dept. of Corrections and ‘The National Institute of Corrections Manual’, and then use their template to start your Reentry Plan Into The Community. Print it, and mail it to yourself so you have a baseline.

  • NEXT INTROSPECTION: Review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You can start just by writing, “I’ve had a lot of time to think, and I didn’t realize how bad my decisions were and how much pain they inflicted on the victims I created as a result of my actions…” I your words…
  • With preparation and more entries, you will see that a better outcome will emerge as you continue developing your reentry/release plan. We can’t change the past — but you can impact your future.
  • It’s early in the process, so that you won’t have all the answers now, but you could add that you reviewed the Risk Assessment Programs available through the First Step Act, and you recognize that there is much for you to learn – because you have much to prove this to your victims, community, family, and yourself.

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