Search results for presentence interview

EDUCATION, THE FIRST STEP ACT (FSA) AND EARLY RELEASE? LEARN THE POSSIBLE.

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FSA - First step act

First Step Act Programs (FSA)*

I) EARNED TIME CREDITS FIVE YEARS LATER (ETC)
II) FSA Needs Assessment Components (BOP.gov)
III) EBRR, Evidence-Based Recidivism Reduction
IV) PA, Productive Activities
V) The New Reality of The FSA

 

Be Prepared When Requesting To Answer Your SPARC-13 Assessment Survey,Survey Pdf Questions then, weaving your answers into your Reentry/Release Plan – before your Presentence Interview.

In this video, I discuss the steps to prepare for your Presentence Interview and explain that once you are incarcerated, it’s your responsibility to advocate for yourself through personal growth, self-learning, and taking advantage of all Fiest Step Act Programs – documenting your new knowledge along the way. Your lawyers will not be present to assist you. I delve deeper into this and provide further insights in this video.

STAKEHOLDERS are responsible for ensuring that your time in prison is uneventful and your criminal tendencies have been changed when released.

It is important to demonstrate that you have accepted responsibility for your crime and show remorse for the victim you have harmed, preferably before your presentence interview. However, it is better to do so later than never.

Once inside, stay out of trouble, take the assessment (Sparc-13), and then show up at each of the First Step Act Classes your case managers recommended without rolling your eyes. Why do I say this? See my video on how to implement the First Step Act successfully.

Your Case Manager recommends taking a First Step Act Class, like on Balancing your Checkbook (yes, really, and say thank you!!). Next, with all your free time, Education, Personal Development, and doing your job are all important. Staff doesn’t care, but they will know if you don’t do your job and if you are pursuing a possible career interest in History, Marketing, Science, or Biographies (anything), which can include painting, woodworking, or reading Non-Fiction books – great!

Can you prove that you’ve taken the FSA classes (if challenged) or have read these books? Suppose after 6 months at your meeting with your Case manager they let you know that you missed several classes – what is your response? If you don’t keep a paper trail, as in writing down everything that you do as proof for them and a future reference resource for you, you could have a serious problem. This case shows that the defendant thought he had 365 days worth of credits, and he went to court. As you can read, among his other issues, the BOP stated he had only 75 days. 

I always needed to keep notes on content I felt I could use later (when I was taking exams). With all this documentation going into your Release Plan, you will continually watch it grow – which may contribute to an earlier release. Plus, as you are writing all of this into your Release Plan, keeping the originals for yourself, eventually, your Case Manager will take notice. Why? Because it is very possible no one else is doing this.

Colette Peters, the new Bureau of Prisons director, has created a lot of hope for change among staff, inmates, and Congress alike.

Attempting to make actual cultural changes and improvements to the conditions of care and custody in a behemoth industry (the BOP), at best, will not happen overnight. Still, Director Peters presents a pathway for optimism. Only time will tell.

COLLEGE EDUCATION GOOD NEWS:

1st) President Biden announced the 2nd Chance Pell Grant Program For Getting a College Education, which will be available starting 7/2023 and Now in The BOP. To get the full benefits from the program, please keep updated with the participating colleges and universities as they continue to enroll.

2nd) YALE PRISON EDUCATION INITIATIVE. Zelda Roland, Founding Director, YPEI. After working with students enrolled in Wesleyan’s Center for Prison Education at Cheshire Correctional Institution – Meet The Team.​ She coordinates with the Connecticut Department of Corrections and other national and statewide prison education programs and criminal justice organizations. “Prison Education Initiative brings liberal arts to incarcerated students.”

 

I) EARNED TIME CREDITS (ETC)

10/27/2023 Update: FIVE YEARS LATER, BOP STILL DOESN’T HAVE FIRST STEP ACT CREDITS that predict when a prisoner will leave BOP custody for halfway house or home confinement (HH/HC).

3/8/2023: The BOP is now in its third iteration of FSA calculation of your Earned Time Credits (ETC). According to a recent Forbes article, they have decided not to count the first assessment towards ETC, done within 30 days of arrival at the prison. Instead, 15 days/month can only be earned after the first year (or 3 assessments later) – on the BOP new time clock.

In addition to those incarcerated hoping to benefit from the FSA, this act has added the financial burden back to taxpayers and appears to conflict with the law’s intent as Congress intended squarely – so stay tuned and keep the faith!

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

-Marc Blatstein

We are not Attorneys; you need Legal Representation.

* While the FSA programs were initially meant for those already incarcerated, there are specific ones with limited availability and are security-level specific. These are mental health oriented.

Proactively understanding the nuances of the FSA is complicated and, unfortunately, constantly ever-changing, but it can still prove worthwhile …

Referencing this, if done before the PSI, could demonstrate good faith on the part of your client to the court and significantly impact their future. 

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

-Marc Blatstein

PATTERN SCORING: Men, Women; then Violent Additional Score Points

This video reviews the Alternative Benefits of Pattern Scoring.

II) FSA Needs Assessment Components (BOP.gov): 

  1. Anger | Hostility Temperamental and antisocial personality, including anger and hostility.
  2. Antisocial Peers Associating primarily with peers involved in criminal behavior puts one at a higher risk of sharing in that behavior. Over time, incarcerated individuals lose contact with their prosocial support system, leaving them without a network to help reinforce appropriate behaviors. To Reduce association with antisocial peers and enhance contact with prosocial support.
  3. Cognitions are assessed by the Measures of Criminal Attitudes and Associates (MCAA; Mills & Kroner, 2001) assessment. The MCAA is used to assess the needs of Antisocial Peers and Cognition.
  4. Dyslexia needs must be assessed with measures that meet certain specifications outlined in the FSA. The BOP instituted a two-phase screening process. First, all inmates complete a screening instrument that examines symptoms across functional domains. Inmates who reach the threshold are then administered the Woodcock-Johnson IV, a reliable and psychometrically robust test capable of a formal diagnosis.
  5. Education The Education Need is assessed by the presence or absence of a high school diploma or its equivalent. The Test of Adult Base Education (TABE) and the Comprehensive Adult Student Assessments (CASAS) are used to assess the literacy level.
  6. FAMILY/PARENTING  Research has found links between family environment and criminal lifestyle.
  7. FINANCE/POVERTY There is a direct correlation between poverty and criminality.
  8. MEDICAL is assessed through a history drawn from PSI (which in turn comes from the PSR) documents and an in-person interview and physical performed by a medical practitioner at a BOP institution.
  9. MENTAL HEALTH Psychology Services Inmate Questionnaire (PSIQ)
    • If your client is approaching Dementia or is currently being treated,
      • Fay Spence and I are proud to have contributed two chapters to REPRESENTING PEOPLE WITH DEMENTIA, Published, ABA.
        • What Is Dementia? Page 1, Dr. Marc Blatstein, and Faye Spence, Esq.
        • Jail and Prison Conditions, Page 155, Dr. Marc Blatstein, and Faye Spence, Esq.
      • There is only 1 BOP location,
      • with 1 wing; if I recall what I read last,
      • they have only a limited number of beds.
    • If your client is either Autistic or has a Borderline Personality Disorder,
      • both under current treatment with
      • appropriate diagnosis coding for each
      • The BOP has only 2 facility locations,
      • If that is not limiting enough, they are security-level-specific.
    • If your client is a young male, approximately 32 years old, facing their first federal sentence, the BRAVE Program is designed
      • for young males (Admission Criteria).
      • Predicted to serve at a BOP USP Medium Institution,
      • facing 60 months.
      • The program’s goal is to facilitate favorable adjustment and
      • reduce incidents of misconduct.
  10. RECREATION/LEISURE/FITNESS
  11. SUBSTANCE USE associated with criminality.
  12. TRAUMA is assessed using the Adverse Childhood Experiences Scale.
  13. WORK [vocational training and job readiness programs, for example, 2019 FCI Englewood Computer-Aided Design (CAD)]

III) EBRR, Evidence-Based Recidivism Reduction  

  • Anger Management Anger Management is a cognitive-behavioral curriculum designed to help individuals better manage their anger.
  • Apprenticeship Training Apprenticeship training prepares the student for employment in various trades through structured programs underneath a journeyman in that trade, approved at the state and national levels by the Bureau of Apprenticeship and Training, U.S. Department of Labor.
  • Assert Yourself for Female Offenders In this program, women learn to be assertive while respecting the boundaries of others.
  • BARTON READING AND SPELLING SYSTEM It was designed with adults in mind because it is never too late to significantly
  • Basic Cognitive Skills participants are taught basic concepts of cognitive-behavioral therapy, including the Five Rules for Rational Thinking and the use of Rational Self-Analysis (RSA).
  • BE- ACTIV is a psychosocial treatment program for depression in aging adults residing in nursing care center settings.
  • BUREAU LITERACY PROGRAM The literacy curricula consist of an Adult Basic Education To Pass The General Educational Development (GED) Exam.
  • BRAVE Program**, Bureau Rehabilitation and Value Enhancement Program– a cognitive-behavioral, residential psychology counseling treatment program for young males serving 1st sentence to create a smoother adjustment to prison. Medium Security, 32 years or younger with a sentence of 60 years or more.
  • Certification Course Training This program falls under three broad categories: 1) Apprenticeship Training, 2) Certification Course Training, and 3) Vocational Training.
  • Challenge** – a program for male inmates in Penitentiary (High Security) facilities. Treats those with substance abuse and/or mental illness disorders (psychotic, mood, anxiety, or personality).
  • COGNITIVE BEHAVIORAL THERAPY FOR CHRONIC PAIN Through the 10 skills-based therapy sessions, individuals will begin to develop the skills necessary to gain a sense of control over their chronic pain. 
  • COGNITIVE BEHAVIORAL THERAPY FOR LATE-LIFE DEPRESSION for aging adults with depression or depressive symptoms. This program may be completed in an individual or group setting.
  • Cognitive Processing Therapy Cognitive Processing Therapy is an evidence-based intervention for treating Posttraumatic Stress Disorder.
  • Criminal Thinking The purpose of the Criminal Thinking program is to help the participants see how their past decisions have negatively impacted their lives.
  • Dialectical Behavior Therapy for individuals who engage in self-directed violence, such as self-cutting, suicidal thoughts, urges, and suicide attempts.
  • Emotional Self-Regulation Emotional Self-Regulation helps participants explore the emotions and patterns of behavior and learn strategies for managing difficult emotions.
  • ENGLISH-AS-A-SECOND LANGUAGE** is an English language education study program for non-native speakers.
  • FAITH-BASED CONFLICT MANAGEMENT (FBCM) PROGRAM students will strengthen their anger management skills, interpersonal communication skills, and conflict resolution techniques using practical spiritual principles and practices.
  • FAMILY PROGRAMMING SERIES The program is designed to support participants in strengthening family relationships during incarceration and after release. The program consists of a Women’s Family Program Series and a Men’s Family Program Series designed to address the unique challenges faced by offenders and families during incarceration.
  • Federal Prison Industries, FPI (UNICOR)  – preparing for successful reentry through job training.
  • Female Integrated Treatment (FIT) Program ** For female inmates with substance use, trauma (PTSD), and other mental illnesses. For those eligible for RDAP, this program is now available onsite, so there is no need for an extra needless transfer.
  • Foundation Program For women 1st entering the BOP, helping them consider programs and services to ensure positive changes during their stay. The Change Plan (PA) works on the goals established by the Foundation.
  • FUNCTIONAL ADAPTATION SKILLS TRAINING (FAST) FAST aims to improve independence and quality of life by targeting six areas of everyday functioning, which include: medication management, social and communication skills, organization and planning, transportation, and financial management.
  • HOOKED ON PHONICS Note: Hooked on Phonics is not the Bureau-designated EBRR program for dyslexia; rather, The Barton Reading and Spelling System is to be implemented for students who have been identified with characteristics of the condition of dyslexia.
  • Illness Management and Recovery  IMR is considered a front-line intervention for treating serious mental illness.
  • Life Connections Program (LCP)  – a residential faith-based program, not religion-specific.
  • Mental Health Step Down Program ** This residential program offers intermediate care for inmates with serious mental illness who do not require inpatient treatment but lack the skills to function in the general population.
  • Money Smart for Adults: An instructor-led course that covers basic financial topics.
  • Money Smart for Older Adults  Provides awareness among older adults on preventing elder financial exploitation and encourages advanced planning as you age.
  • The National Parenting From Prison Program Is a two-phase model focusing on services for incarcerated parents. Phase I focuses on parenting basics. Phase II focuses on specific parenting needs, such as parenting an incarcerated mother, father, or grandparent or parenting a child with a disability.
  • Non-Residential Drug Abuse Program – a program requirement for supervised release or through judicial recommendation where there is a substance abuse offense.
  • Post Secondary Education Program College-level classes are provided by credentialed instructors from the community who deliver coursework leading to either the Associate’s or Bachelor’s degree.
  • Residential Drug Abuse Program, RDAP ** – an intensive treatment program where offenders experience living in a pro-social community. Available in Spanish. 2018 Current RDAP Locations.
  • Resolve Program  – a program for those with a Mental Health diagnosis related to trauma and designed to decrease the incidence of trauma-related psychological disorders – to improve a person’s (male or female) level of functioning.
  • RESOURCE TOOLS FOR REENTRY FOR TRANSGENDER INDIVIDUALS The program is designed to help prepare transgender participants for the challenges of reintegrating into society in the topics of ID documentation, housing, employment, healthcare, and mental health.
  • Seeking Safety (Female) and Seeking Strength (Male)  This intervention teaches inmates to manage and decrease symptoms and gain control over both disorders by addressing current life problems.
  • Sex Offender Treatment Program, Residential (SOTP-R), is a program for high-risk sex offenders, available during the last 36 months of their sentence, who have a history of multiple sex crimes, excessive non-sexual criminal history, and a high level of sexual deviancy or hyper-sexuality.
  • Sex Offender Treatment Program Non-Residential (SOTP-NR) has a history of a single sexual offense, and many may be first-time offenders serving a sentence for an Internet-based sexual crime.
  • SEXUALLY DANGEROUS PERSONS[i], Although the courts and The Designation and Sentence Computation Center (DSCC) identify inmates who may qualify to be certified as sexually dangerous, FCC Butner no longer houses these persons.
    • FCC Butner Psychology Doctoral Internship Program[iii]is facilitated through The Psychology Services Department at Federal Correctional Complex (FCC) in Butner, North Carolina.
    • In 2023, FCC Butner added two Forensic Postdoctoral Fellowships into the Federal Medical Center and Commitment and Treatment Programs.
  • Skills Program: A program for inmates with intellectual disabilities, neurological deficits, and social deficiencies (i.e., Autistic). Participation can be at the beginning of their incarceration but is available at any time and can be ongoing.
  • Social Skills Training Although designed for individuals suffering from schizophrenia, this resource is appropriate for any inmate with moderate social skills deficits.
  • STAGES Program, Residential **A residential Psychology Treatment Program for inmates diagnosed with Borderline Personality Disorder.
  • STRONGER TOGETHER, EMERGING PROUD (S.T.E.P.)The program is designed to provide a safe, supportive place for participants to discuss shared experiences as a transgender person, build their resilience, and create a support system.
  • Threshold Program The Threshold Program is a non-residential faith-based reentry program, like the more intensive Life Connections Program; it is open to inmates across the BOP regardless of religious affiliation.
  • TRANSITION ACCEPTANCE  The program is designed to provide a supportive place for participants to explore the journey they’re on with their gender transition.
  • Vocational Training This program combines three broad categories: 1) Apprenticeship Training, 2) Certification Course Training, and 3) Vocational Training.
  • WAYSAFE The goal of this program is to improve decision-making skills so participants can avoid at-risk behaviors regarding HIV and other viral illnesses spread by sex or blood contact.
  • WELLNESS INSIDE AND OUT The Wellness: Inside and Out program will target individuals who bring both physical and mental health problems to prison by offering skill-building lessons and specific goals.
  • Women’s Basic Financial Literacy Program This program targets the financial deficits incarcerated women face as they prepare to reenter society.
  • Woman’s Career Exploration Series Teaches strategies to help women succeed in the workplace and offers insights to assist women to overcome employment barriers and move toward long-term career success.
  • WOMEN’S CAREER SKILLS** is designed to assist participants learn, develop and practice advanced skills for a fruitful career. This includes Communication, Planning, Connecting with Others, and Personal Growth.
  • WOMEN’S LIFE SKILLS is designed to assist participants with life skill deficits to develop and practice skills for success in their basic daily habits and routines.
  • WOMEN’S SEXUAL SAFETY The program includes three components: Sexual Health, Sexual Safety, and Healthy Sexual Relationships.

**RESIDENTIAL (MODIFIED THERAPEUTIC COMMUNITY)

IV) PA, Productive Activities

V) The New Reality of the FSA

If your client is counting on the FSA Programs to expedite their release. In some prisons, they may find themselves successful, while in others, challenges still exist.

Still, the BOP will eventually retroactively provide the time-off relief that so many seek. Unfortunately, life in prison, possibly like the military, requires becoming comfortable – with being – uncomfortable.

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

Note: 

For additional information on these programs, contact the Reentry Services Division (RSD) by emailing BOP-RSD-NRB-FSA@BOP.GOV. Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 353-8248.

Parts of the First Step Act (as of 10/2023) may not yet be 100% up and running uniformly across all BOP (and contracted) facilities since its 2018 creation.

Federal Prison Placement Preparation

By inDr. M Blatstein's Blog Tag , ,
The Presentence Report

1st. Prepare For Your Presentence Interview

Properly prepared will allow the probation Office to draft an accurate

Presentence Report – which will control your future

Incorporate these federal prison placement data points:

Medical and Mental Healthcare needs to be implemented through

Video PPRSUS. 14 explains how medical care is provided in federal prisons. The caveat can be read in recent reports in the news:

The BOP CARE LEVELS I-IV Structure

  • Psychological Treatment Programs, while available, have limited access, and several may be security level specific.

The First Step Act Includes;

I) Brave Program: A first-timer young male offender 32 years of age or younger, facing a sentence of 60 months or more

II) Challenge Program: A male inmate facing a high-security penitentiary with a current diagnosis of either Mood, Anxiety, Schizophrenia, Delusion, and/or Substance-induced Psychotic Disorders

III) Mental Health Step Down A male or female who lacks the skills to function in a general population prison setting and is willing to work with Psychiatry Services

IV) Resolve A male or female with a current diagnosis of a mental illness related to physical, mental, and/or intimate domestic violence or traumatic PTSD

V) Skills A significant functional impairment due to intellectual disabilities, neurological and/or remarkable social skills deficits such as Autism Spectrum Disorder, Obsessive Compulsive Disorder, Epilepsy, Alzheimer’s, Parkinson’s, or Traumatic Brain Injuries (TBIs), to mention just a few.

VI) Stages: A male inmate with a serious mental illness, a primary diagnosis of Borderline Personality Disorder, and a history of unfavorable institutional adjustment.

VIIa) Sex Offender Non-Residential Single Sex Crime or first-time Internet Sex Offense

VIIb) Sex Offender Residential Multiple sex crimes.

VIIc) Butner’s Commitment and Treatment Program for Sexually Dangerous Persons, Page 12, Is considered for sexually dangerous persons with the possibility of criminal recidivism. MAY NOT BE AVAILABLE.

VIII) Female Integrated Treatment: A female with substance abuse (RDAP Eligibility Possible), trauma-related disorders, and other mental illnesses. (FIT) Program

Medication availability falls into 3 tiers; this video helps explain whether your medication will be available by comparing your medication against those on the BOP list available online.

  1. On the BOP Formulary (available).
  2. Non-Formulary; these require a lengthy preauthorization process – so likely Not-Available.
    • As these are just not available. Similar medications are substituted, but how is their efficacy verified?

Security Requirements

  1. Offense Level vs Criminal History Calculation
  2. Criminal History Calculation
    • +3 points for each prior sentence > 1 Year + 1 Month.
    • +2 points for each prior sentence > 60 days, not counted above.
    • +1 point for each prior sentence, <= 60 days not counted above, for up to a maximum of 4 points in this category.
    • +2 points for each revocation with a new charge or under federal supervision.
    • + 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because the sentence was treated as a single sentence, up to a total of 3 points for this subsection.

The BOP and Prison Security Level Placement

The Presentence Report – A Medical, Medication, and Security Requirement Referral

PPRSUS.com

As found in my LinkedIn 2/29/2020 post

Your Personal Narrative | PSI Investigation Report

By inDr. M Blatstein's Blog

Your Personal Narrative

and

The Presentence Interview Investigation Report

When addressing the Judge, initiating a written exercise is advisable. The Personal Narrative presents a great opportunity to share pertinent details about yourself and the incident in question.

YOUR SENTENCING HEARING – YOUR 1st and ONLY CHANCE TO SPEAK WITH YOUR JUDGE 

 What Can You Do To Stand Out?

M.. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report.

Creating a compelling narrative requires multiple revisions. To ensure the best possible outcome, it’s worth asking trusted friends or family to review beforehand. While your biography should contain pertinent information, we’ll collaborate to select the most pertinent details. We must communicate with those closest to you to gain a more intimate understanding of your personality, character, and circumstances. Remember, this is Your Life – we should approach it with the utmost seriousness.

The categories below are meant to encourage deep reflection but may be challenging. It is advisable to take time to consider them carefully and seek advice from trusted individuals, including a legal representative. You must provide authentic and heartfelt responses for several reasons. Firstly, it will hold no worth if you do not believe in what you are saying. Secondly, if a Judge suspects that someone else wrote your responses, it may cause further complications for you. Lastly, Probation will review your answers and offer recommendations to the Judge, therefore, they must trust your responses are sincere.

 Topic Categories:

In the United States Code, specifically in Title 18, Section 3553, there are provisions that state the various factors that judges must take into consideration when determining the proper sentence for a given offense. Among the most pertinent considerations are the Nature and Circumstances of the offense itself, as well as the offender’s Personal History and Individual Characteristics. These factors help to ensure that sentencing decisions are fair and just and that the punishment fits the crime. Here, through your NARRATIVE, this is your opportunity to provide your Story, Autobiography, or NARRATIVE of your life and what brought you to this day. Accepting responsibility, Triggering Events, and Having Remorse for the Victims you Created,

It is essential to start by conveying heartfelt condolences to the victims of the crime and acknowledging the immense agony and distress they have undergone. It is imperative to understand the seriousness of the crime and refrain from belittling its severity in any manner. This provides an opening to delve deeper into the subject.

Take some time to reflect on the events that led to this moment. What circumstances led you to commit this act? If applicable, you may draw on pertinent experiences from your childhood. Seeking the advice of an expert or legal professional may be helpful.

It is advisable to try and identify any triggers that may have contributed to your actions. Develop a plan to eliminate them from your life. It is pertinent to refine your initial drafts over time and to ensure that your personal narrative is authentic and truthful.

What have you learned from this experience? Did it bring up memories from your past? Share these insights with the judge. If you have victimized others, describe your plan to make amends, even if it is a small effort. Finally, outline your plan for preventing re-offending and ensuring that you will never appear in their courtroom again.

It is advisable to inform the Judge of your willingness to take financial responsibility and make amends. Bring some money with you (such as $100 or $1000) and tell the court that you would like to submit it if you can. You may say something like, “I understand that this may not be a significant amount, but I would like to offer $ 000.00 to the court.” 

Moreover, it would be helpful to let the court know that you have a job offer (only if you do and have that Character Letter with you) for when you return home and are willing to participate in the Financial Responsibility Program. If the Judge orders a payment of $25/Qt, you may find it challenging to comply. However, doing your best to honor the plan is advisable, even if you have little to no financial support while in prison. 

Not participating in the Financial Responsibility Program (FRP) while in prison may affect your ability to participate in other programs and could be held against you. Therefore, it is strongly advisable to participate in the FRP and any other programs that may be available to you.

Overall, it is essential to take financial responsibility seriously, as it can have a significant impact on your future. Additionally, it is advisable to approach the situation respectfully and properly, as this may positively impact how the court views your case.

Cases that judges find most challenging. If you fall into either of these two categories, the plan we have covered still applies, but with a caveat.
1. Predatory child sex offenders who have harmed children; if you fall into this category – You will be strictly monitored once released.

2. White-collar criminals who have harmed vulnerable people. If you fall into this category – once off supervised release, you are smart enough to know that you do not want to return.

 

 The Presentence Interview Investigation Report

can be aided by

Your Personal Narrative and Allocution

While I previously mentioned that it could be started in written format, it could also be submitted with the Sentencing Memorandum and made available in,

  • Video MP4 format and placed in a flash drive or CD so that the judge could easily see it the week before (optimal timing) sentencing.
  • You could work this with your attorney using either PowerPoint or a smartphone.

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

 

LIFE LESSONS, Admiral McRaven

PREPARATION FOR THE PRESENTENCE INTERVIEW.

§9:30.7 Inside Baseball: Interview With Former Federal Probation Officer Tess Lopez, by Alan Ellis.

 

Counsel and Clients need to hold each other accountable and be respectful and listening to each other. While counsel is reaching out to Probation, the defendant is responsible for providing copies of ‘all’ of their Biographical Background and Personal Identification information that Probation has requested from your attorney.

At the same time, it is critical to draft a well-thought-out NARRATIVE and Release Plan and include content relevant to their PATTERN SCORE and Risk Assessment Survey. After multiple revisions, these are woven together, and then with the copies of all of the documents that are accurate and comprehensive, are organized and prepared and then given to the Probation Officer ~2 weeks before the interview so that it can be eventually included in their PSR, under Seal.

This allows time at the interview for the Probation Officer to get to know the client and ask any questions they may have. This ‘discussion’, with counsel present and the fact that the defendant was prepared and the officer’s time was respected, is usually appreciated as Probation Officers’ time is a rare commodity. Being comprehensive and accurate, as outlined below, allows the court to consider sentences outside the guideline range or “variances” because you are the only resource for the – the government will Not Volunteer this information.

I. Counsel’s goal is to learn the final “dictation date,” or the date by which the P.O. must complete their first draft of the official Presentence Report (PSR).

  • Right away, counsel and client know their timeline to have everything completed. If the client has a company with legal issues that need to be resolved or personal issues, all of this requires time in addition to preparing for their Interview.
  • Therefore, requesting, at a bare minimum 3 months to prepare for the interview would be great. This would also have been done at the guilty hearing, and hopefully, the judge agreed before setting the date for sentencing.
  • Counsel learns who the PO will be and contacts them before they have spoken with the Prosecutor. Next, building a fundamental introductory relationship is important to understand what the officer already knows – which hopefully is not a lot!
    • This offers counsel the opportunity to explain your position, as the PO was not at trial and has not yet formed an opinion.
    • They may still have an open mind if they have not spoken with the prosecutor.
      • If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.
    • Your attorney aims to make their case and position with a personal meeting.
    • Meanwhile, you have begun writing your personal narrative, which will undergo multiple rewrites until it is distilled into its final version, where you accept responsibility.
      • This is your story, a Unique and Honest version of the events that resulted in your arrest. Once complete, your Personal Narrative is to be included in your Presentence Report.
      • Next, start writing your Release Plan, followed by an Allocution or your conversation with the judge at sentencing.
      • Then, be ready should the Judge wish to speak with you at the Sentencing Hearing and honestly answer his/her questions from the heart.
  • Prison Placement: Counsel will start framing reasons “why” this prison placement request is being made (e.g., supported with reasons why, for example, programs: medical, FSA programming, etc.).
  • Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553
    • Part E (departure, assistance in the investigation or prosecution of another person, section 994 of title 28,)
      • These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider. Some examples of E factors include:
        1. The defendant’s role in the offense
        2. The defendant’s criminal history
        3. The presence of substantial assistance provided by the defendant to law enforcement
        4. The defendant’s mental or physical condition
        5. The defendant’s acceptance of responsibility for the offense
        6. Any other relevant factor that justifies a departure from the guidelines and
    • Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) of the PSR makes strong arguments to support these requests.
      • These factors are also considered under 18 U.S.C. § 3553(a) and include:
        1. The nature and circumstances of the offense
        2. The history and characteristics of the defendant
        3. The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
        4. The need to afford adequate deterrence to criminal conduct.
        5. The need to protect the public from further crimes of the defendant.
        6. The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment.
      • Defendant does Not Have:
        • 1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense
        • did not use violent threats
        • did not result in death or injury
        • was not an organizer, leader, manager, or supervisor
        • defendant has truthfully provided the Government with all information and evidence
    • If the PO is receptive to a variance, it may be key to convincing the court to consider a sentence below the guideline range.
    • If your client receives a prison sentence, the Presentence Report (PSR) followed by The Statement of Reasone (SOR) are the documents used by the BOP to determine your client’s future.
      • This information (or lack thereof) will dictate whether the client is sent to a dormitory-style Camp or the Penitentiary Maximum-Security Prison.
  • Meeting with the probation officer is to discuss their position on these issues.
    • This is particularly important in a complex case involving numerous counts, various ways to calculate the guidelines, and which guideline is appropriate.
    • Personal contact with the probation officer builds rapport and offers an opportunity to explain your position.
    • Sometimes as they are so busy with no extra time, and for a complex case, the PO would welcome the opportunity for defense counsel to explain their version of the case.
    • Remember, the PO wasn’t present at the trial; therefore, this personal meeting also assures the lawyer that the PO understands the case and their personal position. At the same meeting, they can get a feel as to how receptive the PO is.
  • When working with Probation Officers, a little extra effort goes a long way as they are very busy, doing their best, and never have enough time. They may appreciate your efforts in easing that portion of their workload.
    • Consider presenting your entire view of the case clearly in a letter to the PO as soon as possible.
    • It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense before requesting relief from the Guidelines, and again, everything to be completed and handed in before the interview and dictation date.

II. Learn as much as they can about the judge’s likes and dislikes. If they find this hard, ask a Federal Defender.

  • Counsel will want to learn whether the judge reads sentencing memos and character letters and how long those letters should be.
  • If applicable, issues like overcrowding and staff shortages could affect your client’s access to their Programming Needs or other required BOP Services- is the Judge sensitive to this?

 III. Mental Illness: Did this contribute to the crime, or has your client suffered significant abuse or trauma? Either way, have them evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.

  • If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
    • If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
  • Mental Health example in this White Collar case. This client is an
    • Exceptionally bright, high-functioning, and very successful individual.
    • He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
    • The psychological evaluation:
      • The client is an obsessive-compulsive perfectionist.
      • Suffers from depression and anxiety.
      • The overwhelming desire to be successful, personally and financially, may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
        • Familiar?
      • Later diagnosed with bipolar disorder
    • Latest statistics by the U.S. Sentencing Commission
      • 6 percent of inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
      • If half of the inmates have symptoms of mental health problems,
        • yet only 2.6 percent are receiving departures, are the judges simply insensitive?
      • Or does the problem lie at the feet of the defense counsel, who is not taking the time to conduct a thorough investigation into the client’s social and psychological history?

 IV. Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”

  • If an employer is willing to write a character letter that says they are willing to rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan. 

 V. The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,

  • Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.
  • All of this is preferably done under seal via the Probation Office so that the information is appended to the PSR when given to the BOP.
  • In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those.

 VI. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider The Nature and Circumstances of the offense and The History and Characteristics of the Defendant. In the client’s NARRATIVE, most of this should be covered.

  • To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:
    • 1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar); now is the time, and
    • 2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.
    • As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.
  • Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.
    • This is most apparent in cases of defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).
  • The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”
    • Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital

  • Judges use the PSR to determine the length of a sentence.
  • The Bureau of Prisons (BOP) uses the same PSR for prison placement.
  • The PSR is again used by Probation during Supervised Release.
  • Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is the gift that keeps on giving.

Call Dr.Blatstein at 240.888.7778 or by email for a No Obligation Free Consult; I return all of my calls personally.

IF YOU’RE A DOJ TARGET, 98% FACE FEDERAL PRISON. LEARN WHAT TO DO.

By

Once you hear that the FBI is asking questions or has targeted you, their case is complete, along with their 98% conviction rate. To handle this – you cannot wait; you need a white-collar attorney who practices federal criminal defense in federal court. In this video, I cover the basics.

    • Your next step is interviewing attorneys to see who you are comfortable with. Please do not be shy. Your future and life depend on it.
    • Know what questions you need to ask.

EARLY PREPARATION – PROVIDES THE BEST POSSIBLE OUTCOME

Attorneys know the law, but the nuances of navigating what happens after sentencing and through Federal Prison are not part of a traditional legal defense.

 

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

-Marc Blatstein

 

This is your life and future; therefore, don’t leave all the decisions to your legal team. Participate (please follow their recommendations), and respectfully request that they “listen” to your requests and needs.

*NOTHING IS GUARANTEED*

NO ATTORNEY, EXPERT, OR CONSULTANT CAN PROMISE WHAT ANY JUDGE OR THE BOP WILL DO.

In this video, I go over what to expect and how to prepare for this new world you are entering. The preparation for your Presentence Interview cannot be overstated. Once you have provided your information to your Probation Officer, they will start their Presentence Investigation.

After completing their investigation, your official Presentence Report will be written and provided to you for review. After your review, it goes to your judge and stakeholders, who will be responsible for your immediate future.

Some STAKEHOLDERS you will meet, and others you will never encounter, but all will impact your life. I will end with my last two comments: 1st) you need to have written and included your Personal NARRATIVE and Release Plan to be included in your Presentence Report, Under Seal, and 2nd) to reinforce this theme, that’s why I have included this short video for your review.

Taking Ownership of Your Defense (and Life) Begins With Preparing For Your Presentence Interview (PSI) And Sentencing Hearing.

 

I. UNDERSTANDING THESE QUESTIONS IS A MUST.

  • WHAT WILL YOUR PRESENTENCE REPORT LOOK LIKE?
  • WHAT IS YOUR NARRATIVE, ALLOCUTION, and RELEASE PLAN?

II. GOOD TIME CREDITS (GTC): DO YOU UNDERSTAND WHAT YOU MUST DO?

III. FIRST STEP ACT: DO YOU UNDERSTAND EACH PART?

  • FINANCIAL RESPONSIBILITY PROGRAM (FRP)
  • EARNED TIME CREDITS, (ETC)
  • PATTERN
  • SPARC-13

IV. RDAP ELIGIBILITY: DOES THIS AFFECT YOU?

V. SECOND CHANCE ACT, WILL YOU BE ELIGIBLE?

VI. COMPASSIONATE RELEASE, DEPENDING ON YOUR AGE OR MEDICAL CONDITION, WILL THIS AFFECT YOU? HOW DO YOU QUALIFY?

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

-Marc Blatstein

YOU CAN LOSE ALL OF YOUR GTC, ETC – HOW?

DON’T GET DISCIPLINED; NO INFRACTIONS; NO CELL PHONES, NO IPADS (UNLESS THEY’RE FROM THE COMMISSARY). YOU CAN LOSE ALL GOOD TIME CREDIT, EARNED TIME CREDIT, RDAP CREDIT, AND POSSIBLY GET A NEW CHARGE.

FEMALES IN THE BOP

Several articles I’ve published for LinkedIn

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

 

The Presentence Interview is the precursor to The Presentence Report, and both will determine your future.

You-Tube CHANNEL

PODCAST SERIES – Federal Sentencing Expertise
Sentencing mitigation starts with self-advocating through your Personal Narrative, which I review in this video.

We are not Attorneys; you need Legal Representation.

You are Federally Indicted – What To Do First?

By inDr. M Blatstein's Blog

You are Federally Indicted – What To Do First?

You need a Federal Criminal Defense Attorney specializing in White-Collar Defense.

Together, You Decide on Your Strategy: Trial or plea, as 98% of cases do. Here, you need an attorney who specializes in Mitigating Your Sentence.

  • If Prison is inevitable, start preparing for your Presentence Interview and Personal Narrative – ASAP.

Presentence Interview Preparation is Next, and it Controls Your Life.

Probation Officers conduct the Presentence Interview (PSI) and write the official Presentence Report (PSR) to the Judge and Court.

In reading how attorneys prepare for the PSI, I side with those who believe in being proactive and drafting their own memorandum that contains the information needed for the PSR and providing it to the Probation Officers before the Presentence Interview – Getting Your Message On The Record.

Why being Proactive with your Presentence Interview is best, is because this is the beginning of your Presentence Report (PSR)

  • Probation officers are very busy and appreciate having some of the work already completed.
  • It allows the legal team to get Your message into the record.

The Presentence Report (PSR), Controls Your Life :

In the trial, you will need a Trial Attorney in whom you have confidence.

  • They will review with you the strength of your case.
  • The US Attorney simultaneously makes it more difficult for you if you lose,
  • with the penalty resulting in more jail time.
  • But if you and your attorney are confident and in the right, then stay strong!

Has ‘2’ outcomes that I am aware of:

  1. You win, are proven innocent, and go home.
  2. You are found guilty, then back to preparation for your Presentence Interview.
  • Preceded by the Presentence Interview (PSI) and Presentence Report (PSR): Next, and it Controls Your Life.

DrMB@PPRSUS.com

A 30+ YEAR CAREER AND REPUTATION 👉 MY STORY

By inDr. M Blatstein's Blog

As criminal defense attorneys, you’re on the other side of the bench; this is my firsthand perspective.

In 2006, I was convicted of a felony and served a 1-year, 1-day sentence for Mail Fraud for my Medical-Surgical Suites billing before officially certified that I owned. While there was no Medicare or Medicaid Fraud, this was a terrible, embarrassing, and humbling self-inflicted experience.

In 2010, I was grateful to have my license to practice reinstated in full, which was good for my soul. Several years later, I realized several things,

1st) In addition to being a terrible and terrified client, in the end, I was unprepared for everything related to the Law, Sentencing, and what to expect once inside Federal Prison.

2nd) Judges understand that crimes don’t occur in a vacuum – they want to understand the why and what happened that caused the breaking of the law and hear that explanation from the person they are about to sentence while having Remorse for the Victims and Accepting Responsibility.

3rd) When is the best time to provide this?
Provide to the Probation Officer 1-2 Weeks before The Presentence Interview in a well-organized format, this includes,
Copies of all:
1. Personal Identification
2. Biographerical Background Information

Well Written;
1. Personal NARRATIVE
2. RELEASE Plan
3. Previously Reviewed: FSA SPARC-13 Assessment Survey and PATTERN SCORE
4. ALLOCUTION

Marc
Dr. Blatstein
Published, Co-Author
1. The Federal Lawyer, 2021, The Critical Role of The Presentence Report
2. ABA, 2022, Dementia

Steel Toe Safety Boots In Prisons – Not Always The Best Choice

By inDr. M Blatstein's Blog

Steel Toe Safety Boots In Prisons | NIH: Shear-Reducing Insoles Prevent Foot Ulceration

Medicine is both an art and a science. While the implementation of steel-toe safety boots protects the institution and the majority of persons incarcerated, there is a significant, albeit small part of their population that may be harmed – however rare that may be.

As The Bureau states in their Program Statement 6031.01, Patient Care, (Page 58), they are responsible for providing one pair of safety shoes to each inmate, suitable for their job assignment. They would make custom shoes or orthotic devices available if needed that would have to be, medically necessary to accommodate a significant foot deformity or decrease the chance of injury to feet with impaired sensation.

The caveat here is that in a large bureaucratic institution, the patient/inmate may have to either pay their co-pay to be seen immediately for an unscheduled visit or wait for staff to provide a referral – either way, once prescribed, the wait time can be expected to be at best – “a while.”

The headline image I have chosen was for several reasons. To start, safety boots with a steel-toe box will provide protection, but in my opinion, after 30+ years of practicing in this space, I believe that there are other forces of concern. To start, the inner sole at the inside bottom of the boot has to have significant padding to cushion (or protect) the foot from shear forces, that over time could wear down the skin’s protective padding. The boots in 2006, had none.

No alt text provided for this image

Additionally, with correct insoles, biomechanical support would be of additional long-term benefit. When I was in a BOP facility years ago, there was nothing like this available, and I was left to figure out the protection and biomechanical issues on my own.

The medicare prescription shoe P6031.04 is referencing:

o   HCPCS code A5500 for diabetics only, custom preparation, and supply of off-the-shelf depth-inlay shoe manufactured to accommodate a multi-density insert(s), per shoe as maintained by CMS

o   ICD-10 Codes for Orthotic/Prosthetic — Diabetic Shoe

Then there is the steel toe, and while available in widths, new boots being what they are, take time to break in. During that period, a person’s toe that is rubbing against the hard, leather-steel binding, is a recipe for potential problems, no matter how rare. Then, with wear, the foot through the normal gait process over time, again no matter how rare, could rub against the steel toe box.

No alt text provided for this image

The patient/inmate does not have to be an out-of-control Diabetic, they could be a pre-diabetic, have Peripheral Vascular Disease (PVD), or Raynaud’s (which I still have), just to mention a few. Therefore, for those few who slip between the CARE LEVEL cracks, there may be some that need to get a toe or two amputated due to infections. But here is where Murphy’s Law presents itself, (where one amputation turns into multiple, more aggressive procedures) – some of which could have been avoided, with a little prevention.

I present several cases from NIH:

I) Intermediate-term outcome of primary digit amputations in patients with diabetes mellitus who have forefoot sepsis requiring hospitalization had presumed adequate circulatory status.

Outcome.

  • Out of 92 patients with 97 forefoot infections, twenty-two had foot amputations.
  • Pre-op, all had presumed adequate forefoot perfusion (assumed good blood flow to their feet), as determined by noninvasive methods, was studied.

II) Midfoot amputations expand limb salvage rates for diabetic foot infections

Outcome.

  • If surgery is indicated, these are likely options.
  • Transtarsal amputations (removes even more of the foot – below the ankle) salvaged over half of nonhealing Transmetatarsal, Amputation (TMA)

III) Shear-reducing insoles to prevent foot ulceration in high-risk diabetic patients

Outcome.

  • These results suggest that a shear-reducing insole is more effective than traditional insoles in preventing foot ulcers in high-risk persons, including those with diabetes.

Prevention In Medicine Is a Core Value

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

No alt text provided for this image

Marc, Dr. Blatstein

  • PPRSUS.com
  • info@PPRSUS.com
  • Voice: 240-888-7778
  • Getting Your Message on the Record
  • Drafting a well-thought-out Personal Narrative
  • For more information on the BOP: www.bop.gov
  • My license to practice was restored in 2010
  • Seen on LinkedIn

Watch our 50+ minute PowerPoint Presentation, (of CLE Quality), which can be time adjusted to meet your needs.

Published by

Dr. M. Blatstein

Dr. M. Blatstein
FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
Published • 8mo
35 articles
In this issue of my newsletter series, I review the use of Safety Steel-Toe Shoes. If you find this helpful, please subscribe, share it with your colleagues, and consider engaging my services. 

FACING A FEDERAL INDICTMENT – WHAT DO YOU DO?

By inDr. M Blatstein's Blog

THE DOJ HAS A 98% CONVICTION RATE 

INDICTED AND FACING PRISON IS TERRIFYING

NOW IS NOT THE TIME TO GIVE UP

William H. McRaven, rising through the ranks to become commander of the Pentagon’s Joint Special Operations Command, was credited for organizing and overseeing the execution of Operation Neptune’s Spear, the special ops raid on Osama bin Laden on May 2, 2011. Admiral McRaven’s experiences and challenges hold true whether in those challenging times of warfare as a member of SEAL Team Six or to those of us facing Federal Indictments and a temporary stay in Prison.

His 10 Lessons to Live By, inspired by leaders like Mandela, to a young girl in Pakistan, Malala, should leave you with hope. Take 15 Minutes and watch this video; it may Change Your Paradigm on Life To “NEVER GIVE UP.”

#10. NEVER GIVE UP

Did the FBI  wake you at 6 a.m. this morning with their warrant?

Yes, which of these below applies to you?

      • Were you involved in PPP or other Loan Frauds?
      • As a physician, was encountering the FBI unexpected?
      • Have you heard any rumors about the authorities asking questions?
      • You’ve worked in business or government, where things suddenly changed?
      • Are you dealing with federal charges after all the hard work you put into building your business?
      • Were issues related to legal or illegal drugs, alcohol, gambling, or ‘others’ involved in your charge?
      • ‘First,’ you need Legal Representation – we are not Lawyers.

It’s decision time: do you go to Trial or Plea?

  • Trials are expensive and involve hours of discovery, not counting the trial itself. At hundreds to thousands of dollars per hour – the DOJ still has a 98% Conviction Rate, so you may want to ask your attorney how many cases like yours they have taken to trial and won. Unfortunately, our justice system is far from perfect, and feeling that you are innocent may not be enough. That said – if your case is strong – go to trial. All is not lost, even if you lose.
  • A Plea will save you money and possibly help at sentencing because it will save your attorney billable hours, and the prosecutor wouldn’t have to spend as much time preparing for a trial. Whether you elect to go to Trial or Plea, what you do next will impact your future.
  • Your Presentence Interview, in addition to everything else – needs to include your Story (Autobiography) or Personal Narrative, a Release Plan, and Allocution, which is where you speak with your judge. Why? Because judges have been interviewed, and they want to hear from you, the defendant, for many reasons,

1st) They want to believe that you’ve accepted responsibility for your actions.
2nd) Have remorse for the pain you have inflicted on your victims.
3rd) They understand that crimes do not happen in a vacuum – and want to learn what happened in your life that brought you to this point where you broke the law.
4th) What is your plan not to return to their courtroom?
5th) Were there other ramifications, such as losing your professional license to practice in a career that you love or
6th) Have you always provided community service or volunteered in your community – doing what?

Attorneys know the law, but the nuances of navigating through Federal Prison aren’t part of a traditional legal defense. Are You Now Ready To Start? 

Give me a call, 240.888.7778 – I personally answer and return all calls.

Sentencing Mitigation requires a unique set of knowledge and skills that are of interest to both a) those facing Prison, as well and b) those who are responsible for preparing you to reenter society as Law Abiding Citizens – ‘Your STAKEHOLDERS.’

PREPARATION: WHAT YOU SHOULD KNOW, STEPS #1-4,

1st YOUR DEFENSE
2nd YOUR PRESENTENCE REPORT (PSR): PHYSICIAN ASSISTED
3rd, YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION
4th AT SENTENCING

 

1st YOUR DEFENSE 

  • Finding an experienced criminal defense lawyer is crucial when dealing with federal charges. The Department of Justice has a high conviction rate, so deciding on going to trial or plea should be carefully considered with your attorney. If the decision is “Trial,” ask your attorney how many cases they have taken to trial – and won. Remember, the DOJ has a 98% Conviction Rate, meaning they usually don’t lose.
  • Properly preparing for your presentence interview is your next step and is critical for your future. Have you thought about what it entails?

 

2nd YOUR PRESENTENCE REPORT (PSR): PHYSICIAN ASSISTED

a) YOUR PRESENTENCE INTERVIEW (PSI) – IS THAT IMPORTANT: Here, all your Personal Identification and Biographical Background information (proofread for accuracy) is provided to your Probation Officer. It is recommended that you include Your Personal NARRATIVE and Release Plan. WHY?

 

YOUR NARRATIVE INCLUDED IN YOUR PRESENTENCE REPORT – WILL HELP HUMANIZE YOU TO YOUR JUDGE.

Michael Santos interviews Federal Judge Mark Bennett on the importance of including Your Personal NARRATIVE in Your Presentence Report.

    • Everything should be provided to your Probation Officer 1-2 weeks before your Interview. This will result in a less stressful interview day as the Officer already knows your background and can take their time to get to know you personally. Asking any remaining questions they may have, they may come away with a more positive view of who you are.
    • The Probation Officer next drafts your OFFICIAL PRESENTENCE REPORT.

b) THE PRESENTENCE REPORT CONTROLS YOUR FUTURE – IT INCLUDES YOUR:
(1)MEDICATIONS: should is important, and attention should be paid to the BOP Generic Drug List (Formulary) for availability – because this is All There Is. You do not want to learn this after you surrender.  Non-Formulary or Not Available medications must be addressed by reviewing the online BOP medication list with your physician before your Presentence Interview. Should the need arise, these issues should be addressed before your interview date.

(2) MEDICAL: This, too, is important, as a recent article noted 1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. WHY?  Being proactive includes obtaining a comprehensive medical history long before the Presentence Interview, and you set foot in prison. Or, October 10, 2022, Judge Holds Federal Bureau of Prisons in Contempt for Allowing Man To Waste Away From Untreated Cancer.

    • When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history prepared and documented before your Interview date that includes all medical records. This includes reports of surgeries (including pathology reports), diagnostic X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports and tests on CD or Flash Drives). All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.

To ensure that the patient receives the appropriate care, it is essential to gather all relevant information, documentation, and contact information for your current treating physicians, including their name, phone number, email, and address.

    • It is advisable to prepare thoroughly for The Presentence Interview, especially if there are any concerns about medical care from the patient, their attorney, or treating physician. Doing this in advance makes it possible to plan strategically and ensure that the patient/defendant receives the necessary care during their time in the BOP.
    • I’ll keep adding: No Guarantees because there are none regarding all aspects of your life once incarcerated. Your best defense is being as best prepared at the beginning as you can, including appointing someone you trust with Power of Attorney.
    • Why? If you ever need a second opinion while in prison, first, this could take up to 36 months if this is even allowed. Second, the Clinical Director of your facility is not required to follow the Specialist’s Recommendations regarding your medical care. Having your Past Medical History included could make the difference. Again, no guarantees, but you have The Administrative Remedy Process to fall back on as your next step.

(3) SENTENCING: This is your first opportunity to meet and speak with your Judge. By this point, the Judge already knows all about you from your INDICTMENT and likely has a sentence in mind. Your only hope of changing their mind is by helping your Judge understand Who You Are – and this can be done by writing your NARRATIVE, ALLOCUTION, and RELEASE PLAN and including them in your Presentence Report under seal. Along with your Personal Identification and Biographical Background information that was provided to your Probation Officer 1-2 weeks before your Presentence Interview, be prepared to have your conversation with the judge.

c) MAKING YOUR BOP PLACEMENT REQUEST is a 3-step simple process. Our BOP Packet is provided to your defense counsel for presentation to the court and includes the Programs Supporting Your Placement Request, Example 👉 FPC Alderson.

d) AS A LICENSED PROVIDER, I have 30+ years of personal experience in healthcare as well as with how medical care is delivered in prison due to my felony conviction in 2006 when I was incarcerated. With the support of colleagues, my medical license was reinstated in 2010, and several years later, I transitioned from patient care, taking what I have learned to provide Preparation and Knowledge to those facing the reality of federal prison.

    • My goal is to help ease any concerns that may arise for individuals and their families experiencing these life-changing events. Although I am no longer directly involved in patient care, I remain committed to positively impacting those I interact with. At the same time, it’s important to keep in mind that the BOP holds the final decision-making power in this process, and therefore, neither I nor any attorney, consultant, or other mitigation expert can guarantee any specific outcomes from their or my recommendations.

 

3rd, YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION

  • Navigating through Federal Prison is not usually part of a traditional legal defense. This requires a unique set of knowledge and skills that are needed after the guilty verdict or plea and are of interest to your Judge at sentencing. The NARRATIVE, ALLOCUTION, and RELEASE PLAN are of interest to your judge and other STAKEHOLDERS you haven’t yet met. ARE YOU PREPARED?

 

4th AT SENTENCING

  • In addition to your legal defense, are you prepared to meet your Judge, and if so, what are you planning to say? Have you read your attorney’s Sentencing Memorandum? Is your NARRATIVE and a Few Character Letters attached? Are you and your legal team prepared to make the 3-point BOP Placement Request?

Contact me if you need recommendations for attorneys who practice Federal Criminal Defense and have experience in Federal Court. These should be attorneys with experience in cases like yours and are also empathetic to the stresses you are going through.

 

This video is for you. If you received a Target letter invitation to speak to a Grand Jury, you need Legal Representation. For a federal crime, it is best to have an attorney who practices federal criminal defense, having had cases similar to yours, and practices in federal court. After that, hopefully, you will have time for follow-up questions to see if he/she is the best fit for you.

  1. Federal Judge Mark Bennett (YouTube above) highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance.

    Your Judge Already Knows 
    The DOJ wants you in Jail.
    The Prosecutor wants to convict you.
    Your Attorney is paid to keep you out of prison.
    Judges Also Know That Crimes Aren’t Committed In A Vacuum.
    This is Your Opportunity to Help Your Judge Understand Who You Are

    Federal Judge Mark Bennett (YouTube above) highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance. Listen to my video, and help your judge understand who you are while challenging the DOJ INDICTMENT with your Personal NARRATIVE  included in your Presentence Report.

    What have you planned to say as you stand at your sentencing hearing, anticipating your conversation with your Judge?

     

    Speaking from the heart could influence the courts and impact your sentence – for the BETTER. On the other hand, if you are not prepared, it may be best not to say anything.

    DO YOU FEEL PREPARED FOR YOUR PRESENTENCE INTERVIEW? HAVE YOU PICKED THE RIGHT ATTORNEY – FOR YOU? ARE YOU COMFORTABLE (NERVOUS IS OK) TO SPEAK WITH YOUR JUDGE AT SENTENCING?

     

    For a personal, one-on-one call to discuss your legal issue, or that of a loved one, call me; I personally answer and return all of my calls (240.888.7778). Marc Blatstein

    We are not Attorneys; you need Legal Representation.

    No one can guarantee results, as the outcome at the end of the day rests with your attorney, the Judge, and The Federal Bureau of Prisons. Once inside, as in life, there will be staff genuinely caring about you and their job, while others look at you as a number. The only person who can control Your Reactions and Emotions ⇒ Is You.

    Don’t let this be a missed opportunity!

    PPRSUS is here to help.

FEDERAL INDICTMENT. 98% GO TO PRISON – LEARN THE STEPS THAT MAY LESSEN YOUR SENTENCE.

By

WHITE-COLLAR INDICTED AND FACING PRISON

In this short video, if you have received a Target Letter or you hear rumors that the FBI is asking questions, do Not Wait To Get legal representation. This happened to me, and I thought at first, “This is crazy,” but it’s not, and by the time you find out, you are the last one to know, as the DOJ’s case is 98% complete. Please listen, learn, and act.

The FBI Has Targeted You – 98% Get Convicted.

Judge Robert Scola
“Criminal defense attorneys should emulate their death penalty colleagues… start preparing for sentencing ASAP”;

It is of utmost importance to commence the preparation for sentencing at an early stage as The DOJ has a 98% Conviction Rate, and the target ultimately ends up confronting prison. This proactive approach to knowledge and preparation can help alleviate any potential anxiety while allowing for a thorough assessment of the case’s strengths and weaknesses to be conducted. By doing so, the defendant can ensure they present the best case to the judge and potentially receive the best possible outcome.

Listen to the video – if this is you, please start interviewing attorneys.
You know the Feds are asking questions before anything else – then it’s important to find a White-Collar Attorney specializing in Federal Criminal Defense, taking cases like yours, and practicing in Federal Court. It’s crucial to ask questions beforehand to avoid regrets after sentencing. You don’t want to discover that your defense was “missing in action” later, as it may be too late to act. Remember, this is your life, and needing a redo can be time-consuming, expensive, and may not even be possible.

MORE QUESTIONS.

    • Is prison safe?
    • Will I have to go to jail?
    • Which is better, Trial or Plea?
    • What kind of documents do I need?
    • What or who do you ask?
    • How long will this take?
    • Questions upon questions, and who do I call?
    • What Do you need to know and be prepared to do?
    • If you’re willing to help in your defense, Let’s Talk – You Have Nothing To Lose.

We are not Attorneys; you need Legal Representation.

In this video, I review the process of interviewing attorneys and what questions to ask.
You’d like several referrals (before I had surgery, I asked for patient referrals…), and after speaking with a couple, then ask to see several Sentencing Memorandums for cases like yours. You’re looking to see if they read the same. If HIPPA comes up, agree, but with PDF documents, they can Blackout or Redact all personal information. If they look similar – move on.

Now comes the law, which Attorneys know, but the nuances of navigating prison are not part of a traditional defense, as most attorneys haven’t been to prison, which is good. Further, they don’t have the hours to get to know you, your background, and the events that have occurred to you since childhood until today that resulted in your current criminal charge. They’re likely great lawyers but don’t have the staff or time to learn “who you are, and the why,” which is relevant to your charges and to your judge – and could mitigate your sentence. It’s not that simple, but it is. Please listen, as this is also in PowerPoint.

BE TRUTHFUL WITH YOUR ATTORNEY. OTHERWISE, THEY CAN NOT BE PROPERLY PREPARED TO DEFEND YOU.

Dealing with a federal indictment can be an incredibly challenging experience. Have you taken the necessary steps to prepare for your upcoming sentencing hearing and Presentence Interview, which could significantly impact your future?

YOUR JUDGE SEES A LOT OF DEFENDANTS – HOW WILL YOU STAND OUT?

INCLUDING YOUR NARRATIVE IN YOUR PRESENTENCE REPORT WILL HELP HUMANIZE YOU TO YOUR JUDGE.

Federal Judge Mark Bennett comments on the importance of Your ALLOCUTION.

 

Are You Prepared to Speak to Your Judge?

 

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

-Marc Blatstein

I. PREPARATION, IN ADDITION TO YOUR ATTORNEY’S EFFORTS – INCLUDES KNOWING

    • What Goes Into the Reentry Plan?
    • Stakeholders – who and what are they?
    • What Goes Into the Personal Narrative?
    • What Goes Into Preparing to Self-Surrender?
    • What Goes Into a Comprehensive Presentence Interview?

II. If You Know Where You Fall In The Sentencing Guidelines, you can see if your actions reflect a lower Offense Level number:

III. ARE YOU PREPARED?

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

We are not Attorneys; you need Legal Representation.

* Consider including experts as part of your legal team from the start:  Sentencing Mitigation, BOP Placement, Personal Narrative, and Reentry  Planning 

Visit My  2022 YouTube VIDEO SERIES: “YOU’VE BEEN FOUND GUILTY – Next Steps,” or Podcasts

If you’re INDICTED or are Facing INDICTMENT, what you do next should be based on a strategic set of decisions. Part of this was my story, which was the opposite of everything I recommend on my website and YouTube. Why? Because I was terrified and lacked all of the Knowledge (with no Preparation) that I am sharing with you today – really! As the video is a PowerPoint, there is a lot here, I hope it’s easy to understand.

PPRS Provides Personalized White-Collar

Presentence Interview and Narrative Preparation

BOP Placement Request Options, Presented in a Court-Ready Format (This Is Our BOP Packet For Presentation To The Court, which includes The Programs Supporting Your Placement Request, Example –FPC Alderson).

 

Engagement before the Presentence Interview is recommended.

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

-Marc Blatstein

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

Photo Credit: https://instagram.com/dpopbes/, https://rawpixel.com/

MENTAL 🚑 HEALTHCARE

By

BOP Mental Healthcare: Levels I-IV

Medical Healthcare Mental Healthcare

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

NEW Reentry Act legislation is introduced that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison.

Senators Tammy Baldwin (D-WI) and Mike Braun (R-IN), 3/30/2023

BOP Placement.
Before any initial designation decision is made, DSCC staff assess a provisional CARE LEVEL from I – IV for each inmate. BOP institutions also have a Mental Healthcare (MH) CARE LEVEL assignment, reflecting the mental healthcare resources available.

The Designation and Sentencing Computation Center (DSCC) designates those inmates with Medical and Mental Healthcare CARE LEVEL I-II.

For those inmates with Mental Healthcare, CARE LEVELS III-IV, the designation decision will be made by The Office of Medical Determinations and Transportation (OMDT).

Unfortunately, the BOP is not equipped to provide any meaningful treatment for the following underlying disorders (to mention a few) – for example:

  • Post-traumatic stress
  • Major depressive
  • Bipolar

As medical staffing differs from one facility to another, and if the care is available within the BOP, this may necessitate a transfer to a facility further away from their home.

If your client is approaching Dementia or is currently being treated,

  • Published by the ABA, Fay Spence, Esq., and I am proud to have contributed two chapters regarding REPRESENTING PEOPLE WITH DEMENTIA
    • CHAPTER 1. What Is Dementia? Page 1, Dr. Marc Blatstein, and Faye Spence, Esq.
    • CHAPTER 13. Jail and Prison Conditions, Page 155, Dr. Marc Blatstein, and Faye Spence, Esq.
  • There is only 1 BOP location,
  • with one wing; if I recall what I read last, they had only 35 beds.

 

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

-Marc Blatstein

We are not Attorneys; you need Legal Representation.

Mental Health CARE LEVEL I

  • No Remarkable Issues.
  • No history of regular Mental Illness Interventions, seeking help should there be a returning episode.

Mental Health CARE LEVEL II

  • ‘Routine and/or Crisis Oriented Outpatient’ Care.
  • Outpatient or brief crisis-oriented care.
  • Controlled with medication.
  • It may require a suicide watch or brief observation.

Mental Health CARE LEVEL III

  • ‘More Severe Outpatient’ or Residential Mental Healthcare.
  • May require weekly mental healthcare visits or Residential Psychology Treatment.

Mental Health CARE LEVEL IV

  • ‘Inpatient’ Psychiatrist Monitored, include those who are:
    • Gravely disabled and cannot function in the general population as in MH III.
    • Have a current or recent historical need for inpatient psychiatric care?
    • 24/7/365 nursing.

The First Step Act

The BOP Mental Healthcare Model is set up where some mental health programs are run by trained [Contractors, Education, Health Services, Psychology, RAC, Social Workers, SPPC, Unit Team, and Volunteers] providing mental health care services. Should your client have a unique need, it is recommended that this should be professionally addressed long before the Presentence Interview.

A separate challenge I have encountered is that qualified inmates who need access to some of these psychology-oriented programs may wind up on waiting lists due to staffing shortages.

It is incumbent upon the legal defense team, in preparation for their Presentence Interview, to work with the court to get their client designated appropriately should there be an accurate ICD MH diagnosis that would require greater care.

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

We are not Lawyers – You Need Legal Representation.