COVID-19; as we approach the Holidays and 2022, there are signs of hope!

Photo Credit, CDC, 8-24-2021

This is just an opinion of the author. While COVID-19 and its variants appear here to stay, the unvaccinated are the most likely to be facing its more serious side.

While it is true, that even with being vaccinated you may develop symptoms and test positive for COVID, it is not likely that you will be facing hospitalization and fatal disease.

For years, when we have had the flu, if it was bad enough and caught early, Tamiflu, an oral pill started within 48 hours of symptoms, shortened its duration. Reviewing my previous newsletter,

  1. A New Classification Of COVID Drugs are about to see the light of day and “Are a Bigger Deal Than People Realize”; Antivirals (“holy grail”):

Available in oral pill form, like Tamiflu, these antivirals can be taken within days of a positive COVID diagnosis. They could be made easily available to both those incarcerated as well as in the general population. Taken at home over approximately 7 days, they work to shorten the course of the disease, obviating the need for hospitalizations. A very big deal for the vaccinated and unvaccinated alike, but they do not take the place of vaccines.

Pfizer’s COVID-19 antiviral oral pil‘Paxlovid’, Near 90% protective against hospitalization, and death and retains its effectiveness against Omicron, December 14, 2021 (Reuters). Pfizer said it would grant a license for their antiviral pill to the Geneva-based Medicines Patent Pool, which would let generic drug companies produce the pill for use in 95 countries.

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Merck’Molnupiravir, while < 50% effective, is allowing generic drug makers royalty-free license to manufacture its oral COVID-19 antiviral pill. The FDA advisory committee narrowly voted in favor of a EUA, 13-10, but even those who voted yes acknowledged the modest efficacy and safety concerns.

Further, a loose alliance of big pharma companies including Gilead, Novartis, Schrödinger, Takeda Pharmaceutical, and WuXi AppTec, all have formed to share ideas, resources, and data to develop custom pan-coronavirus antivirals. The overarching goal is for the scientific community to come up with a solution to this—or the next—pandemic.

2. GlaxoSmithKline and Vir’s “Sotrovimab (on the BOP Formulary), “is the first monoclonal antibody to record demonstrated activity against all” (SARS CoV-2 which developed into) COVID-19, then mutating into its “variants of concern and interest to date, including omicron”.

Masks (N95) along with others, recommended by the CDC offer protection against all variants. Yes, while none of us want to wear them, and ‘this COVID thing’ is getting old, any one of us does not want to take the chance of dying.

IV) Definitions:

Pandemic: when diseases spread rapidly, crossing country’s borders, globally

Endemic: when the spreading is more localized, like the flu.

 

I believe that the responsibility for a client’s Mental and Physical Health should be safeguarded to protect them from themselves and others, …while providing a safe environment for the duration of their incarceration. Ultimately this is the responsibility of the Court, Defense Team, and BOP.

If this was helpful, please share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any ideas for future topics, I am easy to reach, and thank you for your time.

Wishing you and your families a safe and healthy Holiday Season and New Year

Marc

Dr. Blatstein

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  • email, info@PPRSUS.com,
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  • Or through my website: PPRSUS.com

Plus a 50+ minute PowerPoint (which time-wise, can be adjusted to meet your needs), for groups, some of the topics covered:

  • COVID
  • Medical History
  • Medication Availability
  • Dementia Wing- 1 Facility, 35 beds
  • Security Level / Public Safety Factors
  • Medical and Mental Healthcare, CARE LEVEL I-IV
  • Psychology Programs Availability (Security Level Specific)
  • Military Veteran-1 facility with 1 wing, Veterans Train Service Guide Dogs for Other Vets With PTSD  or other disabilities

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As seen on LinkedIn

BOP: Self-Surrender

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

Your Client Needs You: Psychotic Disorders, PTSD, Autistic, TBI, Epilepsy, there are BOP Placement Options Available.

FSA - First step act

Psychology Programs

Scoring PSF/Management Variables and Security Level Requirements for Participation

All Programs have Limited Availability: both in facilities, and inmates’ bed space

Terms

Axis I Disorders: Mental health and Substance abuse

Axis II Disorders: Personality and Developmental; targets inmates with severe personality disorders, typically Borderline Personality Disorder, who have a history of behavioral problems in the institution and who are amenable to treatment. P5330.11 

Some BOP Facilities have trained: Inmate patient care assistants (PCA-Page 3):

  • FCI Butner, NC-Medium: Providing ADL assistance where needed.
  • Trained Inmate Mental Health Companions to assist others with mental illness, working under psychology staff-
    1. USP Atlanta, GA-High (Secure MH Step Down Unit),
    2. USP Allenwood, PA-High (Secure),
    3. FCI Petersburg, VA
    4. USP Florence, CO-High
  • BOP Trained Inmate Mental Health Companions Observers for Suicide Watch on fellow inmates

Psychology Programs

1st: first-timer young male offender

  • < 32 years of age, or younger,
  • Who’s facing a sentence of 60 months or more?
  • In a medium-security facility
  • Receives $40 for successful completion of the 6-month program to help acclimate to life inside.

Brave Program2 Facility Locations: 

FCI Victorville, CA-Medium
FCI Beckley, WV-Medium

2nd: male in (or facing) a USP

    • 2 Tracks:

 

  1. Substance abuse/dependenceDelusion and/or a Substance-induced Psychotic Disorder
  2. Major mental illnesses as:
    • Psychotic Disorder that may include Mood, Anxiety, Schizophrenia,
    • Participants can be referred through staff assessment or self-referral

Challenge Program15 Facility Locations:

 

USP Allenwood, PA-High
USP Atwater, CA-High
USP Beaumont, TX-High
USP Big Sandy, KY-High
USP Canaan, PA-High
USP Coleman I, FL-High
USP Coleman II, FL-High
USP Hazelton, WV-High
USP Lee, VA-High
USP McCreary, KY-High
USP Pollock, LA-High
USP Terre Haute, IN-High
USP Tucson, AZ-High

3rd: male or female but who

  • does not require inpatient treatment.
  • has serious mental illnesses.
  • lacks the skills to function in a general population.

Mental Health Step Down Program 3 Facility Locations:

FCI Butner, NC-Medium (MH Step Down Unit)
USP Atlanta, GA-High (Secure MH Step Down Unit),
USP Allenwood, PA-High (Secure)

*Male inmates with a primary diagnosis of Borderline Personality Disorder are referred to the STAGES Program

 4th: male or female

  • with a history of mental illness related to;
    • physical, mental, intimate domestic violence, or traumatic Psychotic Disorder?
  • The program is given during their first 12 months of incarceration.

Resolve Program15 (F), 2 (M) Facility Locations:

ADX Florence, CO-Maximum (M)
FPC Alderson, WV-Minimum (F)
FPC Bryan, TX-Minimum (F)
FCI Tallahassee, FL-Low (F)
FCI Dublin, CA-Low (F)
FCI Waseca, MN-Low (F)
FCI Danbury, CT-Low (M)
FCI Aliceville, AL-Low (F)
FMC Carswell, TX-Adm. (F)
FSL Danbury, CT-Low (F) (Activating)
SCP Lexington, KY-Minimum (F)
SCP Greenville, IL-Minimum (F)
SCP Coleman, FL-Minimum (F)
SCP Marianna, FL-Minimum (F)
SCP Victorville, CA-Minimum (F)
SCP Danbury, CT-Minimum (F)
SFF Hazelton, WV -Low (F)

5th: Male

  • With serious mental illnesses, and a
  • Primary diagnosis of Borderline Personality Disorder, along with
  • Hx of unfavorable institutional adjustment linked to this disorder

Stages Program2 + 8 Facility Locations:

Secure Stages Program: (2017 National Program)

  • FCI Terre Haute, IN-Medium
  • USP Florence, CO-High (Effective 9/ 2014)

These may also be available here, therefore checking with the BOP is recommended:

  • FPC Bryan, TX – Minimum
  • FMC Carswell, TX – Med. Ctr
  • FCI Aliceville, AL – Low
  • FPC Coleman, FL – Minimum
  • FPC Marianna, FL – Minimum
  • FCI Tallahassee, FL – Low
  • FCI Dublin, CA – Low
  • FPC Victorville, CA – Minimum

6th: Females; with

  • Substance abuse – who may be RDAP eligible.
  • Mental illness,
  • And a history of domestic violence – with a PTSD diagnosis.
  • All care can be provided here without the need for a transfer.

The Female Integrated Treatment (FIT) Program – 1 Location:

  • FCI Danbury, CT-Low – The New (FIT) Program

7th: Those with significant

  • Autism Spectrum Disorder and ALL OF ITS PARTS,
  • Difficulty interpreting what others are thinking or feeling.
  • Difficulty regulating emotion.
  • Difficulty maintaining the natural give-and-take of a conversation.
  • The tendency to engage in repetitive or routine behaviors.
  • Strict consistency to daily routines; outbursts when changes occur.
  • Problems with: social stimuli and aversions to smells, tastes, textures, along with the inability to decipher unwritten rules.
  • Obsessive-Compulsive Disorder,
  • Epilepsy, Alzheimer’s, Parkinson’s or
  • Traumatic brain injuries (TBIs)
  • cognitive limitations: psychological – intellectual or neurological deficits,
  • This is a 12-18 month program, participants may elect to continue participation.

Skills Program– 2 Facility Locations:

  • FCI Coleman, FL-Medium; (Male & Female)
  • FCI Danbury, CT-Low (male)
  • Dental care (non-routine) is tough to find for people with autism, as they require general anesthesia.

—————————–DRUG Issues—————————-

8th: Drug Abuse Education resulted in:

  • Substance abuse that contributed to the offense,
  • Substance abuse resulted in a supervised release violation.
  • This is a 12-15 hour Educational Course / Not a drug treatment program.

9th: Nonresidential Drug Abuse Education Program

  • Upon completion may receive $30
  • For minor or low-level substance abuse impairment.
  • Benefit; the possibility of spending the maximum period in a halfway house (RRC)

10th: RDAP

  • To verify RDAP eligibility, in addition to drug and alcohol abuse, prescription medications along with other medications available over the counter are also included.

 

———————– Sex Offender Management Programs (SOMP) ———————————-

11th: Low to moderate sexual offender?

  • Single-sex crime; or first-time Internet Sex Offense?

SOMP Nonresidential (SOTP -NR) SOTP-NR Program8 Facility Locations:

FCI Elkton, OH-Low
FCI Englewood, CO-Low
FCI Petersburg- Medium
FCI Marianna, FL-Medium
FCI Seagoville, TX-Low
FMC Carswell, TX-Med. Ctr. (Females)
FMC Devens, Massachusetts
USP Marion, IL-Medium
USP Tucson, AZ-High

12th: high-risk offender?

  • History of multiple sex crimes (re-offense sex offender),
  • Extensive non-sexual criminal histories, including;
  • rape, sodomy, incest,
  • transportation with coercion,
  • sexual exploitation of children,
  • unlawful sexual conduct with a minor, and/or
  • internet pornography?

SOMP Residential (SOTP -R) – SOTP-Residential Program2 Facility Locations:

  • USP Marion, IL-Medium/High
  • High FMC Devens, MA-Med. Center.

13th: Sexually Dangerous Persons

Certification & Civil Commitment

  • The Walsh Act,
    • one “who has engaged or attempted to engage in sexually violent conduct or
    • child molestation and
    • who is “sexually dangerous to others.”
  • a person is considered sexually dangerous to others if he;
    • suffers from a serious mental illness, abnormality, or
    • a disorder where he would have serious difficulty in refraining from sexually violent conduct or
    • child molestation once released.

SOMP Commitment and Treatment Program Facility Location:

Physician Presentence Report Service, LLC

7 BOP FEDERAL MEDICAL CENTERS – COVID19

COVID IN THE BOP 2020

On June 2, 2020, BOP Director Michael D. Carvajal, and BOP Medical Director Dr. Jeffrey Allen testified before the Senate Judiciary Committee.

They issued a written statement to the Committee addressing actions the BOP was taking to protect inmates and staff. While it may be true that BOP institutions have such supplies, prisoners dispute they receive them in sufficient quantities. “We were issued three of those motel-sized bars of soap each week,” said Lily. “While we could purchase limited commissary items while under virtually 24-hour a day lockdown, they were often out of products such as soaps. Naturally, exchanges were not permitted. So, if you ordered enough soap for yourself and commissary was out, you’d have to wait for the next three mini bars of soap.”[1]

“Within 24 hours of [the CDC’s change in the recommendation to wear masks], we had provided face coverings to most of our staff and inmates,” explained the directors. “Within 72 hours, all of our inmates and staff were provided face coverings.” “While the staff was provided with KN95 masks, we were initially issued two paper masks with elastic ear straps…[2]

“In prison, we are cut off from the outside world,” Lily said. “We are separated from our families and the social anchor points people rely on. And when the BOP stopped telling us anything about the risk or danger we were in, it resulted in a general sense of helplessness, agitation, and fear. Prison officials created an environment where safety was reduced, and mental health issues were exasperated.”[3]

FMC (FCC) Butner

8/2020, The Queen City Nerve reported that the Federal Medical Center-Butner in North Carolina is the deadliest site of coronavirus in the[4] country. What’s worst is that ‘Now incarcerated people are being thrown into solitary for speaking out[5]

FMC Butner

Andre Williams was 78 years old and had undergone a quadruple-coronary bypass[6] while incarcerated at FCI Butner, NC. For months before COVID-19 hit the prisons, he sought compassionate release. Finally, on April 1, a court granted his petition. Relief came too late. Four days after the grant, he tested positive for COVID-19. On April 13, he died.

While these two men were granted compassionate release,[7] they did not escape the virus. Before being released the prison did not test either man (Later 79-year-old Alan Hurwitz and Juan Ramon 60) for COVID-19. Rather they have transported them to the airport, escorting them onto the planes, ‘without notifying the aircraft carriers. Later within days, one was dead, but not counted as part of the total number at Butner, as they died at home.

Between March and April, there were 8 deaths.[8]

4/7/2020, Butner prison in Butner, North Carolina, has 39 inmates who had tested positive. That is more than any other federal prison. No staff member there had tested positive.

 FMC Carswell (for women) in Fort Worth, Texas

8/5/2020; According to the Bureau of Prisons website, four inmates have died[i] from COVID-19 and 150 are currently positive. To date, 392 inmates have recovered[9]

7/21/20, 500 women tested positive for coronavirus[ii]

7/ 2020 Confirmed cases –confirmed cases in 1 week[10]:

  • On 6/29/2020 according to the BOP, there were zero confirmed cases among prisoners.
  • On 7/9/2020 there were 68 confirmed cases
  • On 7/10/2020 there were 77 confirmed cases
  • 7/11/2020 The BOP reported 113 cases
  • 7/12/2020 The BOP reported 127 cases
  • If a prisoner tests positive at Carswell, they are put in solitary confinement (leading to psychiatric issues later on).
  • The use of solitary confinement in U.S. prisons has grown by 500 percent[11] during the pandemic.

FMC Devens, Mass

June 17, 2020; Massachusetts Lawmakers sent a Letter to Urge Federal BOP to Implement Widespread COVID-19 Testing: US Senator Elizabeth Warren (D-MA), Senator Edward J. Markey (D-MA), and Congresswoman Lori Trahan (D-MA),

FMC Ft Worth, TX

6/12/2020, 11th FMC Fort Worth Inmate Dies[16] After Contracting COVID-19 in Outbreak

FMC Lexington, Ky

July 2, 2020; It was the seventh coronavirus-related death[18] at the prison.

On 6/5/2020, 35 new COVID-19 cases and a 48-year-old inmate at Federal Medical Center dies[19]

  • There have been five total deaths at the Federal Medical Center, which currently houses 1,354 offenders.

On 5/18/2020, Stephen Cook sent a letter to the court in Tennessee, asking for compassionate release or to be sent to home confinement from the Federal Medical Center in Lexington, Kentucky. He suffered from sickle cell and required monthly off-site treatment. The government opposed his release. Mr. Cook died on June 3, 2020.

FMC Rochester, Minn.

May 5, 2020; One staff member at the Federal Medical Center[20] has tested positive for the coronavirus.

MCFP/FMC Springfield, Missouri

Jun. 17, 2020; Federal Bureau of Prisons reports an active case of COVID-19 related to Springfield Fed Med[21] Center. Prison officials report that 1,190 federal inmates and 170 staff have tested positive for COVID-19. There have been 85 federal inmate deaths and 1 prison staff member death attributed to COVID-19 disease.

[1] https://www.prisonlegalnews.org/news/2020/aug/1/coronavirus-prison-cruel-reality/

[2] https://www.prisonlegalnews.org/news/2020/aug/1/coronavirus-prison-cruel-reality/

[3] https://www.prisonlegalnews.org/news/2020/aug/1/coronavirus-prison-cruel-reality/

[4] https://solitarywatch.org/2020/08/12/seven-days-in-solitary-81020/

[5] https://qcnerve.com/fmc-butner-is-host-to-countrys-deadliest-covid-19-prison-outbreak/

[6] https://www.fd.org/sites/default/files/covid19/bop_jail_policies_and_information/2020_07_30_covid_19_in_federal_detention_src_fact_sheet_v2.pdf

[7] https://www.newsobserver.com/news/coronavirus/article244131227.html

[8] https://www.news-leader.com/story/news/local/ozarks/2020/04/08/coronavirus-missouri-cases-springfield-fedmed-prison-inmates-covid-19/2963161001/

[9] https://www.nbcdfw.com/news/local/inmate-at-fmc-carswell-in-fort-worth-dies-from-covid-19/2420454/

[10] https://shadowproof.com/2020/07/14/carswell-covid-19-infections-reality-winner-whistleblower-release/

[11] https://shadowproof.com/2020/07/14/carswell-covid-19-infections-reality-winner-whistleblower-release/

[12] https://medium.com/@SenWarren/congress-must-move-to-rapidly-increase-our-coronavirus-testing-capacity-8c5abd71b6f1

[13] https://www.warren.senate.gov/newsroom/press-releases/warren-markey-in-letter-to-president-trump-sound-alarm-over-lack-of-federal-support-for-massachusetts-amid-coronavirus-pandemic

[14] https://www.warren.senate.gov/oversight/letters/warren-demands-answers-from-fema-on-plans-to-ensure-massachusetts-receives-essential-medical-equipment

[15] https://www.warren.senate.gov/imo/media/doc/PRESSLEY%20WARREN_Letter%20to%20Trump_COVID%20Incarcerated%20Persons%20SIGNED.docx2.pdf

[16] https://www.nbcdfw.com/news/local/11th-fmc-fort-worth-inmate-dies-after-contracting-covid-19-in-outbreak/2387878/

[17] https://www.nbcdfw.com/news/coronavirus/more-than-600-inmates-test-positive-for-covid-19-at-federal-prison-in-fort-worth/2367644/

[18] https://www.wtvq.com/2020/07/02/federal-medical-has-first-coronavirus-death-in-weeks/

[19] https://www.lex18.com/news/coronavirus/48-year-old-inmate-at-federal-medical-center-in-lexington-dies-from-covid-19

[20] https://www.kimt.com/content/news/Positive-test-for-coronavirus-at-Federal-Medical-Center-in-Rochester-570211051.html

[21] https://www.ky3.com/content/news/Federal-Bureau-of-Prisons-reports-a-case-of-COVID-19-related-to-Springfield-Fed-Med-571329251.html

[i] https://www.nbcdfw.com/news/local/inmate-at-fmc-carswell-in-fort-worth-dies-from-covid-19/2420454/

[ii] https://www.brownsvilleherald.com/2020/07/21/500-women-fort-worth-federal-prison-test-positive-coronavirus/