Attorneys know the law, let us help in Mitigating your client’s Sentence, and BOP Placement Request
Federal Sentencing and BOP Placement
- Making an appropriate placement request employing the BOP own requirements
- Security Scoring
- Medical and Mental Healthcare, CARE LEVEL I-IV Structure
- Limited psychology program availability matched your client’s needs.
- Medication Availability is provided through their 3 tier Formulary
- COVID-19 treatment which is noted below, and those who suffer from Post COVID Long Haulers, which I do not believe any prison, state, or federal will be able to treat, nor does it fall within their capabilities.
COVID19, BOP Vaccination Policy 10/13/2021
I) 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, this is:
- How COVID Spreads and Prevention of COVID | Airborne Transmission
- A mask is a simple thing that could protect us from COVID, rather than die with.
- Pfizer (page 3): The Pfizer-BioNTech COVID-19 vaccine (Comirnaty®) – an mRNA vaccine
- Moderna, (page 3) Fact Sheets for the approved* and EUA-authorized Recipients, – an mRNA for caregivers, and healthcare providers administering vaccines
- J&J, Fact Sheets for the approved* and EUA-authorized Traditional, Recipients, caregivers, and healthcare providers administering vaccines
- Mitigate the need for hospitalizations, ICU and O2 Ventilators
- After exposure, and quickly implemented before a positive COVID-19 test
- REGEN-COV (casirivimab and imdevimab, administered together), when there is a Limited Supply, The BOP has created: PATIENT CRITERIA LEVELS
- Tocilizumab (Actemra) – hospitalized patients only
- Sotrovimab – hospitalized patients only – available in the BOP
- Baracitinib (works better with either Tocilizumab or Remdesivir)
Similar to the oral antiviral pill used for the flu, 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 5 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 pill ‘Paxlovid’, Near 90% protective against hospitalization, 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.
- 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 it 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. Full analysis of their trial results shows Molnupiravir had a risk reduction of 30%, Reuters.
- 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.
- Also found on Dr. Blatstein’s LinkedIn
- “Attorneys, humanize your client.
- Good allocution can cause a Judge to impose a lower sentence.
- Tell their story, but don’t minimize the seriousness of what your client did.
- Judge Rice; will often ask a defendant what he/she will do upon release to reduce their need to re-offend.
- Show his/her strengths and weaknesses. If you can show that you are on the same page with the court as to the seriousness of the offense, the chances of having your other statements accepted will increase.
- What cases do judges find most challenging: predatory child sex offenders who have harmed children and white-collar criminals who have harmed vulnerable people.
- All judges agreed; they would rather hear from your client during their sentencing hearing unless you have new information not contained in your sentencing memorandum and other submissions.”
Judge Scola: attorneys should emulate their death penalty colleagues and advise;
- “Don’t wait to think about sentencing advocacy.”
- In other words, since 99 percent of one’s federal criminal clients will be facing sentencing, start preparing the case for sentencing early on.”
PPRS Prison Match™ – Sentencing and BOP Placement Preparation
- In reducing the time, expense, and effort needed in preparing your client’s Presentence Report including placement request.
- In preparing for the (federal) sentencing hearing (eg.: RDAP, Medication availability, mental and or medical healthcare (and Psychology Therapy) programs).
- Being proactive in this process will impact your client and their family’s immediate fears and future.
- Save the BOP the cost of a possible transfer at a later date, no matter how rare this may be. Regarding transfers, a federal inmate may not be eligible for transfer until they have demonstrated 18 months with no negative conduct.
The cost of proper research and preparation of these PSR-relevant variables can affect the bottom line of your firm
- There are approximately 3,000 medications available on the BOP Formulary, are your client’s medications available?
- Medical and Mental Healthcare is dispensed in the BOP through a CARE LEVEL I-IV Structure.
- Where would you look, and what amount of staff time is needed for researching this issue?
- This could be critical in determining how healthcare is dispensed in order to ensure that your client’s healthcare needs are met.
- Ensure this by documenting them into their PSR, in preparation for the sentencing hearing.
- Using the symptoms of Autism Spectrum Disorder as an example, is your client able to function in the general population with other inmates? If not – your client may be a candidate for the Skills Program, which is only available at two facilities (Coleman-Medium and Danbury-Low).
- The Skills Program is part of the BOP’s National Programs that includes Psychological Counseling (For Individuals and/or groups, and can be taken multiple times), which are available at a limited number of facilities.
- After your research identifies where the services are located, does the defendant’s current ‘Security Level’ conflict with the BOP National Psychology Treatment Program’s security availability?
- Here it may be possible to request a reduction in their PSF, if warranted.
- Then depending, a facility recommendation can be included within their PSR, and at the sentencing hearing.
- Verifying RDAP eligibility; note that drug/alcohol abuse also includes prescription medications along with those medications that are available ‘over the counter’.
- Per the American Bar Association; there must be present a verifiable, documented pattern of substance abuse or dependence within the 12-month period preceding arrest (§3:30.2 The 12-Month Rule).
- Federal Prison Camp or Satellite Camp: there are differences.
- Your Clients Increased Security Level: whether Low, Medium, Medium USP, High or High USP. Penitentiary’s (USP) along with the other security levels are meant to define the control of freedom of inmate movements.
- Public Safety Factor (PSF), may be used to reduce a security level before or at the sentencing hearing.
- Address the recidivism paradigm by matching your client to a facility that supports their interests in learning either an occupation, trade, or higher education.
- Ensure that the content in the official PSR is accurate, making corrections where applicable.
- Lastly, see if you can get the US Attorney to agree (or not oppose) your placement proposals before the federal sentencing hearing.
Client Placement Preparation
The responsibility for a client’s mental and physical health should be safeguarded in order 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.