Category Dr. M Blatstein’s Blog

Access 2022

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Access 2022

Program Description

This program is designed for incarcerated women who are survivors of domestic violence.

It assists women in identifying suitable career options to be economically independent upon reentry. An interactive computer component (which can be printed and used in class) is used
to explore career options. Participants also complete testing to determine what career field is best for them.

Hours 10
Location(s) All-female sites
Needs Addressed Cognitions, Mental Health, Trauma
Program Delivery Special Population Program Coordinator

Facing The BOP With: Intellectual Disabilities, Neurological Impairments, Social Deficiencies Or Autism

FSA - First step act
CorrectionalOfficer.org © 2020 – Screen Shot[i]

 

The Skills Program[i] There are only 2 locations nationwide.

Do you have clients facing incarceration in the BOP, and who are being treated for intellectual disabilities, neurological impairments, social deficiencies, or autism? If yes; which of the BOP’s ‘2’ available prison facilities are best suited for their placement? That’s right, there are only 2 locations.

I ask this is because the concept of prison officials engaging individuals with autism (for example), has its own brand of procedural issues. For those with a documented history, this could be critical for the safety of all parties; the inmate, correction officers, and the facility general population.

Increasingly, media outlets are reporting instances whereby police officers are confronting subjects on the streets and encountering behaviors of some as “resisting verbal commands” and “obstructing justice,” among others. Eventually, the presence of autism or a different disability is discovered after these police/civilian engagements. Thus, a BOP facility who at a minimum, provides this type of care at a couple of facilities, should be made part of the BOP placement request through the PSR.

Inmates with significant functional impairment due to intellectual disabilities, neurological deficits, and/or remarkable social skills deficits are considered for the program. Participants must be appropriate for housing in a low or medium security institution. Inmates must volunteer for the program.[i] While this program is conducted over 12-18 months, inmates may continue with the program at additional times.

Autism spectrum disorder

Autism spectrum disorder (ASD[ii]) occurs in all ages, racial, ethnic, and socioeconomic groups, according to the Centers for Disease Control (CDC)[iii]. Autism is generally characterized by social and communication difficulties and repetitive behaviors. Signs of autism[iv] occur in three main areas:

  • Social interactions
  • Verbal and nonverbal communication
  • Repetitive or ritualistic behaviors
  • Characteristics 
    • having difficulty with everyday conversations
    • sharing emotions or interests less often than peers
    • having difficulty responding to or understanding social cues
    • having difficulty understanding other people’s facial expressions or emotions
    • having delayed speech or language skills
    • having trouble developing or understanding relationships
    • doing repetitive actions, such as hand-flapping or rocking
    • becoming intensely interested in certain topics
    • speaking in atypical ways, such as in a singsong voice
    • having a significant need for predictable structure and order
    • becoming overwhelmed or angry in new situations
    • having a sensitivity to certain stimulants, such as being overwhelmed by loud noises or bright lights experiencing intellectual delays

A particular focus on autism-affected inmates, classified by BOP under the umbrella category as “Intellectual Disabilities, Autism Spectrum Disorders” and “Major Neurocognitive Disorders,” seeks to treat affected inmates with a multidisciplinary modality, albeit only available at two BOP locations nationwide. The Federal Bureau of Prisons amended and published (May 2014)[v] its agenda to handle/treat mentally unstable inmates while incarcerated.

Intellectual disabilities are classified by severity, [i]

  • Mild to Moderate
    • Mild
      • slower in all areas of conceptual development and social and daily living skills
      • can learn practical life skills, which allows them to function in ordinary life with minimal levels of support.
    • Moderate
      • care of themselves,
      • travel to familiar places in their community, and
      • learn basic skills related to safety and health.
      • Their self-care requires moderate support.
    • Severe
      • has the ability to understand speech but otherwise has limited communication skills ()[ii].
    • Profound (MH CARE LEVEL III [iii])
      • cannot live independently, and
      • they require close supervision and
      • help with self-care activities.
      • limited ability to communicate and often have physical limitations.

Social Deficiency[iv]; reasons why a person may have a social skills deficit.

    • inability to acquire new skills,
    • because of a competency deficit,
    • they may struggle to perform because of limited practice or inadequate feedback, or
    • external factors
      • anxiety or
      • chaotic surroundings.

Basic Communication

  • inability to listen,
  • follow directions and/or
  • refrain from speaking.

Empathy and Rapport

Interpersonal Skills

  • Those who have a social skill deficit may struggle with asking accurate and concise questions.
    • appear disinterested and even
    • anti-social,
    • they may struggle to understand proper manners in different social contexts and settings.

Problem Solving: involves asking for help, apologizing to others, deciding what to do, and accepting consequences;

  • morbidly shy or
  • clinically introverted.

Accountability, fear of being criticized in public;

  • struggle with accepting blame for problems or
  • dealing with constructive feedback.

Other neurological impairments[vi] (e.g. traumatic brain injury, Spina Bifida, Prader-Willi syndrome, Alcohol-Related Neurodevelopmental Disorders or FASD)

As a Police Officer, Cheri Maples, stated earlier, “…wisdom is being able to discern when gentle compassion is called for and when fierce compassion is called for.” That, my friends, rather sums it up.[ix]

Criminal Justice Advocacy – Screen Shot[i]

 ‘The responsibility for a client’s mental and physical health should be safeguarded to protect them from themselves and others, providing a safe environment for the duration of their incarceration.’

This is the responsibility of the legal defense team, court, and BOP.

The Skills Program[ii] is available at these two facilities:
FCI Coleman, FL-Medium

FCI Danbury, CT-Low

 

[i] https://www.arcnj.org/programs/criminal-justice-advocacy-program/

[ii] https://dev-pprsus.pantheonsite.io/bop-psychology-treatment-the-federal-presentence-report-sentencing-and-prison-placement-preparation/skills-program/

[i] https://www.ncbi.nlm.nih.gov/books/NBK332877/#:~:text=Historically%2C%20intellectual%20disability%20(previously%20termed,100%20in%20the%20population)%E2%80%94and

[ii] https://www.ncbi.nlm.nih.gov/books/NBK332877/#

[iii] https://dev-pprsus.pantheonsite.io/programs/bop-mental-healthcare/

[iv] https://www.masters-in-special-education.com/lists/5-types-of-social-skills-deficit/

[v] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1350917/

[vi] https://www.ninds.nih.gov/Disorders/Support-Resources

[vii] https://www.cerebralpalsyguide.com/cerebral-palsy/

[viii] https://www.epilepsy.com/learn/about-epilepsy-basics/what-epilepsy

[ix] https://www.correctionalofficer.org/overseeing-inmates-with-autism

[i] https://dev-pprsus.pantheonsite.io/bop-psychology-treatment-the-federal-presentence-report-sentencing-and-prison-placement-preparation/skills-program/

[ii] https://www.additudemag.com/autism-spectrum-disorder-in-adults/

[iii] https://www.additudemag.com/autism-spectrum-disorder-in-adults/#footnote1

[iv] https://www.additudemag.com/signs-of-autism-in-adults/

[v] https://www.bop.gov/policy/progstat/5310_16.pdf

[i] https://www.correctionalofficer.org/overseeing-inmates-with-autism

[i] https://dev-pprsus.pantheonsite.io/bop-psychology-treatment-the-federal-presentence-report-sentencing-and-prison-placement-preparation/skills-program/

COVID Policy In BOP | What Are Your Client’s Fears?

COVID Policy In The BOP | What Are Your Client’s Fears?

Vaccines – mAb, A New COVID Drug Category – Antivirals Could Be The Holy Grail”

Globally, since 2020, we have all been waiting on science for an answer. 

Their efforts have led to the development of a new generation of Vaccines: (mRNA), along with the traditional J&J. Now, to the Federal Bureau of Prisons Clinical Guidance on COVID-19 Vaccines and other therapies.  

I. BOP Vaccination Policy 10/13/2021(BOP.gov)

Per The BOP, vaccination supplies initially may be limited, and will be dispensed according to the BOP COVID-19 Vaccine Guidance Manual; October 13, 2021. This though does not take into account the new variants that may continue to evolve.

For Inmates Who Are:

·      Waiting to get their Covid Vaccine while pending a Court-Ordered Release or Transfer,

They may be vaccinated either:

1.    By using a single-dose COVID-19 vaccine, or

2.    By using a multi-dose series on a case-by-case basis, or

3.    But if there is insufficient time to complete a multi-dose series, it should only be started if the final dose can be verified that it can be completed at the receiving location.

Each BOP facility will (Page 3).

1.         Create and implement a COVID-19 immunization plan to offer the vaccine (1-dose or 2-dose, initial primary series) for,

  • New staff & intakes, and
  • Any staff or inmate that hasn’t yet been vaccinated,
  • US prison guards refusing the vaccine, despite COVID-19 outbreaks, The Associated Press, March 15, 2021

2.  Develop a plan for when, and by whom staff and inmates will be screened and scheduled for the vaccine, and

3.  Ensure that responsibility is assigned to health care personnel for patient assessment and vaccine administration.

4.   For the 2-dose vaccination series, a medical hold should be placed on the inmate’s electronic health record until the due date of the second dose. This is to keep them from being transferred or released before the last dose is given.

5.   For Third doses of mRNA COVID-19 vaccines, page 5 [See Appendix], in immunocompromised persons: should be offered a third dose at least 28 days after 2nd mRNA dose. 

The Three Vaccines available in the BOP Will be Given In The Priority Level Order, # 1-3 (page 5)

Pfizer (page 3):

The Pfizer-BioNTech COVID-19 vaccine (Comirnaty®) – an mRNA vaccine 

Priority Level 1:

·      Inmates assigned as health service unit workers,

·      Inmates in health service unit job assignments,

·      Inmates in nursing care centers (long-term care) or other residential health care units.

Priority Level 2: Inmates aged 65 years and older or those of any age with underlying medical conditions.

Priority Level 3: All other inmates.

Fact Sheets for the approved* and EUA-authorized(FDA.gov) Vaccines,

For recipients, caregivers, and healthcare providers administering vaccines. [see appendix]

COVID-19 FDA, Approved:

·      For persons 16 years of age and older: 2-dose primary series

·      Should be offered a booster dose at least 6 months after the second dose.

COVID-19 FDA, Emergency Use Authorization (EUA):

·      For persons 12 to 15 years of age: 2-dose primary series.

·      Third dose for certain immunocompromised persons.

·      Single booster dose for certain non-immunocompromised persons.

 Moderna, (page 3)

Fact Sheets for the approved* and EUA-authorized Recipients, For caregivers, and healthcare providers administering vaccines [see Appendix]

COVID-19 FDA, Emergency Use Authorization (EUA):

·      For persons 18 years of age and older: 2-dose primary series.

·      Third dose for certain immunocompromised persons.

J&J, (page 4)

Fact Sheets for the approved* and EUA-authorized [see Appendix] Recipients, caregivers, and healthcare providers administering vaccines

COVID-19 FDA, Emergency Use Authorization (EUA):

·      For persons 18 years of age and older: 1 dose required

II. Monoclonal Antibody (mAb) Drug Therapy for COVID-19, BOP Clinical Guidance, 08/2021.

1. Mitigate the need for hospitalizations, ICU, and O2 Ventilators

2. After exposure, and quickly implemented before a positive COVID-19 test.

3. At 1st glance it appears that the mAb medications are not on the most recent:

  • Or their BOP Health Services, National Formulary Part II, Lists (above, again, here too I could be wrong, as they appear to be available, just not listed).

The BOP Monoclonal Antibody (mAb) Therapy, Clinical Guidance COVID-19, 08/2021.

BOP Nurse Charting is very good (page 14), as they use the same S.O.A.P. Note Format that we have all been taught for patent encounters. It’s a good thing to know if you are not already familiar with it. Because medicine, like law, even if treatment (or work) was done, if it was not documented, then it will not be believed as performed, and vice versa.

Subjective: The Inmate/Patient Complaints (in terms of their current condition, function, activity level, disability, symptoms, social history, family history, employment status, and environmental history).

Objective: What the healthcare provider gathers from their exam, labs, X-rays, physical findings, observations and talking, etc.

Assessment: At the end of the encounter, their detailed notes will either support Inclusion Criteria or Exclusion Criteria (see included tables), with regards to the Inmate/patient qualifying (or not) for Monoclonal Antibody Treatment. Regarding a diagnosis, here there may be multiple.

Plan: If Inclusion Criteria have been met, informed consent for mAb needs to be gotten. All mAb requires a non-formulary request to be submitted and approved.

All Criteria must be met for (mAb) Treatment:

·      Positive results of direct SARS-CoV-2 viral testing, and

·      A clinical presentation of mild to moderate COVID-19 symptoms, and

·      Symptom onset within the 10 days preceding mAb treatment and

·      Risk factors for severe COVID-19 illness (see Risk Factors for Severe COVID-19 Illness), and

·      Age ≥ 12 years old; weight ≥ 40 kg (88 lb)

Treatment symptoms to look for, within 10 days of (mAb) treatment.

·      Fever

·      Cough

·      Sore throat

·      Malaise

·      Headache

·      Muscle pain

·      Gastrointestinal symptoms

·      Shortness of breath with exertion.

At a minimum‘1’ of the following must be present to qualify for treatment.

·      Body mass index (BMI) ≥25

·      Chronic kidney disease (CKD)

·      Type 1 or type 2 diabetes

·      Immunosuppressive disease

·      ≥ 65 years of age

·      Currently receiving immunosuppressive treatment

·      Cardiovascular disease (CVD) or hypertension

·      Chronic obstructive pulmonary disease (COPD) or other chronic respiratory diseases

·      Sickle cell disease

·      Neurodevelopmental disorders or other conditions that confer medical complexity

·      Medical-related technological dependence (i.e. tracheostomy, gastrostomy, positive pressure ventilation not related to COVID-19)

·      Oxygen saturation (SpO2) ≤ 93% on room air

·      Respiratory rate ≥ 30 per minute

·      Heart rate ≥125 per minute

Patients must have positive results of direct SARS-CoV-2 viral testing no more than 10 days before starting the mAb infusion 

All of these tests are acceptable for confirming COVID:

·      Commercial lab PCR test,

·      A rapid PCR test (Abbott ID Now) or

·      Rapid Ag test (BinaxNOW) 

III. Monoclonal Antibody Medications:

1)    REGEN-COV (casirivimab and imdevimab(BOP.gov), administered together),

When there is a Limited Supply, The BOP has created: PATIENT CRITERIA LEVELS (Page 5) to determine who gets treated.

PRIORITY 1, Patient Criteria:

• Three or more risk factors for progression to severe disease or

• ≤ 3 days of symptoms or

• Any one of the following risk factors:

1.   Body mass index (BMI) ≥35, or

2.   Type 1 or type 2 diabetes, or

3.   ≥ 65 years of age. 

PRIORITY 2, Patient Criteria:

• Two or more risk factors (from PRIORITY 1) for progression to severe disease. 

PRIORITY 3, Patient Criteria:

• One risk factor for progression to severe disease

• Contact the Regional Medical Director (RMD) to discuss any proposed deviation from the below criteria.

• Submission and approval of a non-formulary request is required before initiation of any mAb for COVID

2)    Tocilizumab (Actemra) – hospitalized patients only

3)    Sotrovimab – hospitalized patients only

4)    Baracitinib (works better with either Tocilizumab or Remdesivir)

Where: Treatment Is NOT‘ Indicated.

·      Pregnancy and lactation: considered on a case-by-case basis

·      Allergies to any of the medication ingredients

·      Hospitalized due to COVID-19

·      Require oxygen therapy due to COVID-19, OR

·      Require an increase in baseline oxygen flow rate due to COVID-19.

·      For those on chronic oxygen therapy due to underlying non-COVID-19 related comorbidity, these Inmates/Patients should be considered for hospital transport.

IV. Antivirals: The “holy grail” of viral therapeutics, The Atlantic 11/29/2021

“Until now, the only outpatient therapeutic for COVID-19 has been monoclonal antibody treatments, which are effective in preventing severe disease in high-risk patients. “The New COVID Drugs Are a Bigger Deal Than People Realize”.

Photo Credit, The Atlantic

Merck’s molnupiravir (EAU for mild-to-moderate cases of COVID-19 who were not hospitalized). Initially, in Nature, 10/8/2021, Merck’s antiviral was touted as may cut hospitalizations and deaths among people with COVID-19 by half. Recently, on November 26, 2021, Merck revealed its Covid antiviral treatment is less effective than first thought. A full analysis of their trial results shows Molnupiravir had a risk reduction of 30%, Reuters.

Pfizer’s Oral Antiviral PAXLOVID™ (“Potential Game-Changer in the pandemic”), Reduced The Risk Of Hospitalization or Death By 89%.

Appendix:

In closing, we 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. 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.

 

 

 

Marc

  • email, info@PPRSUS.com, or
  • Voice: 240-888-7778.

LinkedIn Original

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.

No alt text provided for this image

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

No alt text provided for this image
  • email, info@PPRSUS.com,
  • Voice: 240-888-7778.
  • 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

Copyright © 2021-2022 Physician Presentence Report Service, LLC, (PPRS Disclaimer)

As seen on LinkedIn

The Federal Lawyer, The Critical Role of the Presentence Report

The 2020 BOP Formulary: Are Your Clients Medications Available?

 The 2020 BOP Formulary

The 2020 BOP Formulary

Like most insurance companies, the BOP has established a 3-tier formulary consisting of approximately 3500 medications, for which they’re available based on cost-containment measures.

Noted above, is The BOP’s most recent 2020 Drug Formulary which consists of approximately 3500 medications in toto, giving the defense team the ability to identify those medications specific to their client’s needs, to be checked against their client’s medications before the PSR, and PSI are completed. Without detailed knowledge of these medications, the defendant could face an interruption in their medical care which could at worse, affect his/her life.

If your client was previously treated with a specific generic medication before entering the BOP, while they may receive the same generic medication, it will likely differ in color, size, and shape once incarcerated as there are many generic manufacturers for a single brand drug. Informing your client about how these same medications may differ before they’re incarcerated can go a long way to allaying their fears.

Tier I: On Formulary

The BOP’s first tier of drugs, considered on the formulary, is available once prescribed by a physician in the BOP, after examining the inmate and reviewing their PSR medical records which contain his initial physician prescribing records (Blatstein et al., 2021). At this point, all inmates are just a “number”, to be seen, evaluated, and then move on.

 Tier II: Non-Formulary (Requires a lengthy preauthorization process)

The second level of medications available in the BOP is known as non-formulary medications. While these are available, it’s only after a lengthy preauthorization process which at best could take up to 6 months or longer. For these reasons, defense counsel must ensure that a client’s medical records have been provided in full to the BOP and the current treating physician, preferably before the sentencing hearing (as well as before the PSR and PSI have both been formally been completed), has actively participated in the PSR (and Sentencing Memorandum if necessary), to ensure a smooth transition to enable the preapproval of any non-formulary medications for your client (Blatstein et al., 2021).

Should their medication be on the Non-Formulary Tier, the participation of the current treating physician before the PSR (and PSI) needs to persuade the Court and BOP Physician’s thus circumventing the pre-authorization process, eliminating the waiting time, providing the medications upon arrival at the institution (Blatstein et al., 2021).

Tier III: Not Available

The BOP third tier (“prescribing a drug that is therapeutically equivalent to, but chemically different from, the drug originally prescribed by a physician”) is meant to “reduce costs, increase workplace efficiency, enhance medication access, and improve inventory management” (Federal Bureau of Prisons Health Services [BOPHS], 2020a). Again, working with your client’s current treating physician and allowing them to review all of the medications available on the BOP’s entire list may provide you with two options:

1) They may find an appropriate substitute medication

2) Both you and the current treating physician may have to begin to include in your defense strategy either a reason as to why this meets:

2a) the minimum  “Medical standard of care”, which is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice, or if this is not possible and the client’s life is at risk, or

2b) Requesting home confinement to protect their life.

Epipen®: is an example of a medication that the BOP may issue to inmates to carry on their person who has known anaphylaxis, (BOP, Page 6).

Self-Surrender and Perscriptions (Documentation for all of them should be in the PSR and PSI)

For all prescriptions: Medications (I recommend bringing a month’s supply), Medical Devices (CPAP, BiPAP), Orthotics, Prosthetics, Glasses, False teeth, A Service Animal, Hearing aids, …you get the picture. If you surrender on a holiday or weekend, the BOP may keep them. Otherwise, the worse that can happen is that they throw some away, but now at least you and your attorney now have a paper trail to work with.

As seen in LinkedIn

Dr. Blatstein, 240.888.7778, info@pprsus.com, PPRS © 2021/2022

PPRS ‘Attorney-Client’ PSR Intake Form

Your client’s been indicted,
For the majority, statistics show they’ll be serving time. Developing a strategy for sentencing and the placement request can be best started before the PSI.

As a physician with an active license, and who personally has been through this, and if you’re open, let us help your client (and their family) through this fearful and life-altering event.

https://www.linkedin.com/in/dr-m-blatstein-39042916b/detail/recent-activity/

#PSR #FederalDefense #PresentenceReport #Prison #PrisonPlacement

 

 

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

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

 

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

 

  1. Life-Threatening Conditions

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

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

   2. Medically Necessary Conditions

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

• Serious deterioration leading to premature death.   

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

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

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

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

   3. Medically Necessary but Not Urgent

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

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

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

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

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

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

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

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

  1. Medically Appropriate

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

  1. Extraordinary Treatments

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

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

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