Category Dr. M Blatstein’s Blog

Court Orders Release to HH or HC – The Admin. Remedy; §2241

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UNITED STATES DISTRICT COURT OF KANSAS

Court Orders Release to HH or HC – The Admin. Remedy §2241

https://lnkd.in/ePekQV3F
A case for understanding The Administrative Remedy Process.
Respondent
· Petitioner was sentenced to a term of imprisonment of 120 months, with 60 months of supervised release,
· on projected good conduct time, petitioner would have a statutory release date of April 8, 2027;
· petitioner’s completion of a Residential Drug Abuse Treatment Program (RDAP.12/2023); his projected release date is now April 8, 2025.
· The BOP has applied 365 days of ETCs toward the petitioner’s release date and 445 days of ETCs toward time in a residential reentry center (RRC).
· Petitioner is eligible for placement in an RRC on September 4, 2024.
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Respondent and BOP,
  • Placement into an RRC is made to the extent that resources and bed space permit, and such placement is not required if no space is available.
  • The place of petitioner’s confinement falls within the BOP’s discretion, with which this Court has no authority – two statutes apply.
    • First, 18 U.S.C. § 3624(b) grants the BOP the authority to designate (transfer) confinement, and “a designation of a place of imprisonment under this subsection is not reviewable by any court.”
    • Second, the transfer of a prisoner to prerelease custody is addressed in 18 U.S.C. §3624. Subsection 3624(c).
(1) In general. – SHALL: to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), which may include an RRC
(2) Home confinement authority. – The authority may be used to place a prisoner in home confinement for a shorter period of 10 percent of the term of imprisonment of that prisoner or six months. The BOP shall, when practicable, place persons in HC.
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The Court.
  • Respondent’s excuse for delaying petitioner’s transfer to an RRC is that bed space is not available
  • No such condition concerning bed availability is included among the requirements for eligibility under Section 3624(g),
  • …thus, immediate placement in prerelease custody is nevertheless required under Section 3632(d)(4)(C).3
  • In this case, it is clear that the BOP has no discretion to refuse or delay the transfer of the petitioner to prerelease custody.5
  • Respondent has not argued or provided evidence, however, that there is no available space for petitioner in any RRC
  • …the Court grants the petition for relief. The respondent and the BOP have been ordered to effect such a transfer.
This Court has determined that the BOP did not follow the law regarding its transfer decision involving the petitioner; thus, the Court has determined that habeas relief is appropriate.
PPRSUS.com
240.888.7778
Physician Presentence Report Service
https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc…

 

ACTIVITIES OF DAILY LIVING (ADL) vs. PRISON ACTIVITIES OF DAILY LIVING (PADL)

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ACTIVITIES OF DAILY LIVING (ADL) vs. PRISON ACTIVITIES OF DAILY LIVING (PADL)

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. Knowledge and Preparation can boost your confidence, allowing you to navigate these challenging times.

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that can get you the best outcome. Make the right choices now, and you can move forward with confidence.

 

ADL:

  • Bathing, Eating, Washing and Toileting, Dressing, and Getting in and out of bed on your own.
  • Medical problems, social behavior, vocational activities, and mental health issues.

Inmate Companions (available only at several specific institutions) are other inmates who are responsible for helping these individuals.

PADL:

PADL – Disability in prison activities of daily living and likelihood of depression and suicidal ideation in older prisoners.

  • Dropping to the floor for alarms, standing for the head count (but they don’t want to), Getting to the dining hall for meals, Hearing orders and Not Understanding or Following them, Climbing on and off of a top bunk, and not understanding one’s Personal Space.
  • Also, depression, being physically abused, and for both, not being able to communicate.
  • This all presents a disciplinary problem for untrained staff.

To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell and I personally answer and return all calls. You can also get additional information on my website @: PPRSUS.com.

The BOP has left federal judges feeling that the BOP can provide Complete Medical Care.

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The BOP has left federal judges feeling that the BOP can provide Complete Medical Care.

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.
Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. Knowledge and Preparation will build the confidence needed to navigate these challenging times.
The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.
Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that can get you the best outcome.
Make the right choices today, and you can move forward with confidence tomorrow.

· October 10, 2022, Judge Holds Federal Bureau of Prisons in Contempt for Allowing Man to Waste Away from Untreated Cancer
· September 9, 2023: 1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. WHY?
· Trends in United States COVID-19 Deaths, Emergency Department (ED) Visits, and Test Positivity by Geographic Area
· We all want the SARS-CoV-2 gone, but contagions do what they do.
· Long COVID: Where Are We in 2024? Does the BOP Mission provide the necessary Multidisciplinary Center Care for Long COVID Syndrome?
To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell and I personally answer and return all calls.
You can also get additional information on my website @: PPRSUS.com.

Heat: Climate Change’s Deadly Impact Is Even More Severe on Those Incarcerated

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Heat: Climate Change’s Deadly Impact Is Even More Severe on Those Incarcerated

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. Knowledge and Preparation will boost your confidence to navigate these challenging times.

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that is a good fit for you to get the best possible outcome. Make the right choices now, and you can move forward with confidence.

Climate change is predicted to increase the frequency of potentially hazardous heat conditions across the United States, putting the 2 million incarcerated people at risk for heat-related health conditions. Texas and Florida accounted for 52% of total exposure despite holding 12% of all incarcerated people.

JESSE M. FURMAN, United States District Judge, in UNITED STATES OF AMERICA, -v- GUSTAVO CHAVEZ, … the Metropolitan Detention Center (“MDC”) in Brooklyn — has had its share of problems. In winter 2019, a power outage left inmates without light or heat for a week while a polar vortex swept the East Coast.

Extreme heat can be deadly, or harsh winter weather can result in viruses spreading rapidly due to the proximity of AIC (Adults In Custody).

·      If you have a medical condition that puts you at higher risk, it is important to document this in the PSR, where Compassionate Release through the Second Look Act may become necessary.

·      Climate Change, Extreme Heat in Prisons, and then the cumulative dangerous effect for those taking these medications:

·      Antidepressants (1. SSRIs increase sweating, increasing the risk of dehydration; 2. Tricyclic antidepressants, or TCAs, may decrease sweating, making it harder to cool off),

·      Anticholinergics, CNS Depressants, Heart Meds, Anti-Psychotics, and Insulin.

To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell and I personally answer and return all calls. You can also get additional information on my website @: PPRSUS.com.

Sports Is a Great Mental Relief – Just Don’t Get Hurt  

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Sports Is a Great Mental Relief – Just Don’t Get Hurt  

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. Knowledge and Preparation will help restore your confidence to navigate these challenging times.

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that can get you the best outcome. Make the right choices now, and you can move forward with confidence.

Playing sports is a therapeutic way to ease the pain of where you are. Just don’t go crazy and get a sports-related injury, as medical care in prison will not be like you’re used to at home.

  • Possible fracture or dislocation could take days – weeks, or longer to get an X-ray (or CT scan or MRI)
  • The Second Opinion could take up to three years, but the BOP is not required to follow its medical specialists’ recommendations.
  • An ankle sprain or hairline fracture (which can’t be seen on an x-ray for approximately two weeks) could, at best, get you Motrin, Tylenol, or Aspirin.
  • Play sports, and just be smart about everything you do in prison.
  • If you get injured and feel you are not getting the basic care, the BOP encourages using The Administrative Remedy Process.
To engage my services or to have your concerns answered, Call me Today at 240.888.7778. This is my Cell, and I personally answer and return all calls. You can also get additional information on my website @:PPRSUS.com.

WILL YOUR MEDICATIONS BE AVAILABLE IN PRISON

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WILL YOUR MEDICATIONS BE AVAILABLE IN PRISON

#PPRSUS, #BOP, #PSR, #WhiteCollar, #crime, #psi, #lawyer, #attorney, #ppp, #MoneyLaundering, #arrest, #prisonlife, #federalprison, #ParentChildTalk, #prisontok, #prisonlife, #law,  #legal, #legaladvice, #federalprison,

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

Welcome to my video series, “INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. With Knowledge, Preparation, and Confidence, you have the best chance of successfully navigating these challenging times.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that can get you the best outcome. Make the right choices today, and you can move forward with confidence tomorrow.

Should you have questions, please do not hesitate to call and consider engaging my services at 240.888.7778—this is your life.

The BOP Formulary.

  1. If your generic medication is listed as available on their formulary, the next step is to verify that it is not listed as Non-Formulary.
  2. If, with further inspection, it is found as Non-Formulary, you will most likely Not Get It – Not Good.
  3. Not Available

·      Your doctors’ notes need to be written in a specific way.

·      Medication Therapeutic Substitution Policy Pages 44 – 47

The Caveat:

•       BOP Policies and Procedures, while documented, only work if they’re implemented or enforced.

•       Here, your Comprehensive PSI won’t guarantee that you will be designated appropriately or receive the necessary Medical Care. Still, it can provide for The Administrative Remedy Process (which the BOP encourages),

…followed by Compassionate Release through the Second Look Act.

·      2nd Opinions: Yes, although 1) this could take three years if allowed, and 2) the BOP Clinical Director for your facility Does Not Have to Follow the specialist’s recommendations.

To engage my services or to have your concerns answered, Call me Today at 240.888.7778. This is my Cell phone number, and I personally answer and return all calls. You can also get additional information on my website @: PPRSUS.com.

MEDICAL HEALTHCARE IN FEDERAL PRISON

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MEDICAL HEALTHCARE IN FEDERAL PRISON

MEDICAL HEALTHCARE IN FEDERAL PRISON

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. Knowledge and Preparation build the Confidence you’ll need to navigate these challenging times.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that can get you the best outcome. Make the right choices now, and you can move forward with confidence.

Should you have questions, please do not hesitate to call and consider engaging my services at 240.888.7778—this is your life.

Long before the Presentence Interview (PSI),

  • Preparation for what is to come includes understanding the Four Levels of Medical Care and providing all relevant information clearly defined before the interview,
  • No matter how insignificant or long-ago the medical care was, it should be seriously considered for inclusion.

They range from

  • CARE LEVEL I (for the healthiest)
  • CARE LEVEL II, similar to a well-staffed Internal Medicine Practice
  • CARE LEVEL IV (those needing inpatient care 24/7/365)
  • CARE LEVEL IIII, outpatient care will suffice for those who do not qualify for 24/7 Nursing.

The Caveat:

  • While documented, BOP Policies and Procedures only work if implemented or enforced.

Compassionate Release

•       2nd Opinions, Yest, although 1) this could take three years if allowed, and 2) the BOP Clinical Director for your facility Does Not Have to Follow the specialist’s recommendations.

·      The BOP also determines whether a defendant has any medical or mental healthcare needs that will affect their placement. To the extent it will happen, continuity of care in the BOP depends on comprehensive preparation for the Presentence Interview, followed by verifying the final Presentence Report for accuracy.

·      This cannot be over-emphasized.

Call me Today at 240.888.7778 to engage my services or have your concerns answered. This is my Cell phone number; I personally answer and return all calls.

You can also get additional information on my website @: PPRSUS.com.

FEDERAL PRISON CAMP (FPC) vs. SATELLITE CAMP, FMC, USP, and Camps

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FEDERAL PRISON CAMP (FPC) vs. SATELLITE CAMP, FMC, USP, and Camps

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all. Should you wish to engage my services, my contact information is at the end.

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. With Knowledge and Preparation, you can navigate these challenging times with Confidence.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. However, knowledge is power, and it’s in your hands. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that is a good fit and can get you the best outcome. Make the right choices today, and you can move forward with confidence tomorrow.

Security Levels

Minimum Camps

Minimum security institutions known as Camps have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. These institutions are work- and program-oriented, and many are located adjacent to larger institutions or on military bases, where inmates help serve the labor needs of the larger institution or base.

This video compares BOP Federal Prison Camps (FPC) to Satellite Camps attached to higher-security facilities. Brief Overview: Satellite Camps usually have more FSA programs, while FPCs may have less stress overall as the guards do not have to deal with the adjacent higher-security facility and don’t need to rotate between the two.

There are two types of Minimum Camps.

·     Federal Prison Camps (FPC): These are free-standing with limited fencing and more freedom of movement.

·     Satellite Camps: These are associated with higher security institutions. Many BOP institutions have a small, minimum-security camp adjacent to the main facility. These camps, often called Satellite Prison Camps (SPC), provide inmate labor to the main institution and off-site work programs. FCI Memphis has a non-adjacent camp that serves similar needs.

Low

Low-security Federal Correctional Institutions (FCI) have double-fenced perimeters, mostly dormitory or cubicle housing, and strong work and program components. The staff-to-inmate ratio in these institutions is higher than in minimum-security facilities.

Medium

Medium-security FCIs (and USPs designated to house medium-security inmates) have strengthened perimeters (often double fences with electronic detection systems), mostly cell-type housing, a wide variety of work and treatment programs, an even higher staff-to-inmate ratio than low-security FCIs, and even greater internal controls.

High

High-security institutions, also known as United States Penitentiaries (USP), have highly secured perimeters (featuring walls or reinforced fences), multiple- and single-occupant cell housing, the highest staff-to-inmate ratio, and close control of inmate movement.

Federal Correctional Complexes (FCC)

Correctional Complexes: Several BOP institutions belong to Federal Correctional Complexes (FCC). At FCC, institutions with different missions and security levels are located in close proximity to one another. FCC increases efficiency by sharing services, enables staff to gain experience at institutions of many security levels, and enhances emergency preparedness by having additional resources within close proximity.

Administrative

Administrative facilities are institutions with special missions, such as the detention of pretrial offenders, the treatment of inmates with serious or chronic medical problems, or the containment of extremely dangerous, violent, or escape-prone inmates. Administrative facilities include:

Metropolitan Correctional Centers (MCC),

Metropolitan Detention Centers (MDC),

Federal Detention Centers (FDC), and

Federal Medical Centers (FMC):

  • Carswell FMC,
  • Devens FMC,
  • Fort Worth FMC,
  • Lexington FMC,
  • Rochester FMC,

Federal Transfer Center (FTC), the

Medical Center for Federal Prisoners (MCFP) and the

Administrative-Maximum (ADX) U.S. Penitentiary.

Except for the ADX, administrative facilities can hold inmates in all security categories.

Federal Satellite Low

Federal Satellite Low Security: FCI Elkton and FCI Jesup each have a small Federal Satellite Low Security (FSL) facility adjacent to the main institution. FCI La Tuna has a low-security facility affiliated with, but not adjacent to, the main institution.

Secure Female

Secure Female Facility: Currently, the BOP has one Secure Female Facility (SFF) unit (located at USP Hazelton, WV) designed to house female inmates. Programming at the SFF promotes personal growth by addressing the unique needs of this population.

To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell and I personally answer and return all calls. You can also get additional information on my website @: PPRSUS.com.

WHAT IS YOUR SECURITY LEVEL? RESTRICTION OF MOVEMENT.

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WHAT IS YOUR SECURITY LEVEL? RESTRICTION OF MOVEMENT.

WHAT IS YOUR SECURITY LEVEL? RESTRICTION OF MOVEMENT.

Welcome to my video series, ” INDICTED AND FACING PRISON.” My name is Marc Blatstein, and I know firsthand how surreal and overwhelming this experience can be. That’s why I’m here to provide you with crucial daily information. You can navigate these challenging times with Knowledge, Preparation, and Confidence.

The DOJ and Feds have been asking questions; their case is mostly complete. With a 98% conviction rate, the odds are not in your favor. Delaying your next step could have severe consequences.

Your future is at stake, so hiring a legal team with a proven track record of successfully defending cases like yours is critical. Don’t just settle for experience; choose a team that’s a good fit for you so that can get you the best outcome. Make the right choices now, and you can move forward with confidence.

Should you have questions, please do not hesitate to call and consider engaging my services at 240.888.7778—this is your life.

The importance of Public Safety Factors and Management Variables cannot be overstated.

·        “Points,” “Leader–Organizer” when you weren’t can place you in a higher security level. This level results in increased restrictions on movement while in prison.

·      Practically, this governs your freedom of movement around the institution.

·      Whether to house the inmate in a high-security U.S. Penitentiary (USP), a Medium or Low-Security Federal Correctional Institution (FCI), or a Minimum-Security Prison camp (which can be either Free-Standing or a Satellite Camp which is adjacent to a higher-secure institution).

To engage my services or to have your concerns answered, Call me Today at 240.888.7778. This is my Cell, and I personally answer and return all calls. You can also get additional information on my website @: PPRSUS.com.

Pregnant In FEDERAL Prison

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Pregnant In FEDERAL Prison

INDICTED AND FACING PRISON

Pregnant In FEDERAL Prisons

PPRSUS.com

240.888.7778

Physician Presentence Report Service

https://www.linkedin.com/pulse/pregnancy-supporting-incarcerated-mothers-infants-dr-m-blatstein/