This video provides an overview of how healthcare is provided in federal prisons and is dependent on several factors. First, an accurate and comprehensive Presentence Report, then, unfortunately, staffing as there is a severe shortage.
As of 10/2023, a client returned from Butner Low and reported that only contracted doctors would come in from the outside to the Low and FMC (the BOP’s best hospital) every 2-3 weeks. All surgeries were going out to Duke Medical Center, which is a good thing. This is just something to keep in mind as, hopefully, things there have improved.
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.
Level 2 {Yellow}, Medical isolation rate 2% to < 7%, or Facility vaccination rate 50% to < 65%, or The Community transmission rate is 50-99 per 100,000 over the last seven days
Level 3, Medical isolation rate ≥ 7%, Facility vaccination rate < 50%, or Community transmission rate ≥ 100 per 100,000 over the last seven days.
The challenge is that although the Pandemic is now behind us (10/2023), as an Epidemic, it will remain since the COVID virus continues to mutate. This has researchers around the world busy, along with the residual effect that persists in some POST-COVID Long-Haulers. Significant is that POST-COVID Long-Haulers may test negative, but are very symptomatic. In turn, they may be unable to participate in ADL or PADL.
BOP General Modifications For Testing, Masks, Vaccines and Boosters; The BOP does not appear to conduct random COVID Testing proactively, nor do they keep accurate records (requiring?) of all Vaccines and Boosters given (to staff and inmates), as well as enforcing (or at least making available) Masks. We now know that the immunities of a vaccine decrease over time (as in < Months). Should you be immunocompromised, Compassionate Release or Second Look may be an option.
Learn CPR – Save Lives – Hands-Only (30 sec) – The Next Life It Saves Could Be Yours.
“As a cardiologist, I have been frustrated learning of athletes dying on the playing field unnecessarily and resuscitating people brought into our ER with no brain viability – because people do not know what to do, and it’s so simple. We have to change this.”
— DR. HOLLY S. ANDERSEN
Attending Cardiologist at NewYork-Presbyterian Hospital Director of Education and Outreach for The Ronald O. Perelman Heart Institute
Senators Tammy Baldwin (D-WI) and Mike Braun (R-IN), 3/30/2023
Before any initial designation decision is made, DSCC staff assess a provisional BOP CARE LEVEL from I–IV for each inmate. BOP institutions also have a care level assignment that reflects the medical care resources available at that facility.
The Designation and Sentencing Computation Center (DSCC) designates those inmates with Medical (and Mental Healthcare) CARE LEVEL I and II.
For those inmates with Medical (and Mental Healthcare), Care Levels III and IV, the designation decision will be made by The Office of Medical Determinations and Transportation (OMDT).
Prisoners have a constitutional right to adequate medical care,1 but what that means and how to get needed treatment is often not well understood by attorneys representing criminal defendants. This article attempts to address that knowledge deficit by explaining the medical, mental health, and substance abuse programs and policies in the federal Bureau of Prisons (BOP), as well as some of the educational, vocational, and other available programs intended to rehabilitate inmates and prepare them for return to society.
Equally important, the article explains the Critical Role of the Presentence Report (PSR) in determining whether and how needed treatment and programs will be available to a defendant. Documentation is paramount, and the diligent attorney must proactively gather and supply the appropriate documentation to the probation officer preparing their client’s PSR. In this video, I read the article Published in The Federal Lawyer regarding Medical Care in Federal Prison, including my commentaries throughout the article. If you have a medical issue, I recommend listening; it is very informative and detailed.
Medical Health CARE LEVEL I
Inmates are generally healthy but may have limited medical needs that can be easily managed by clinician evaluations every 6 mos.
Inmates are less than 70 years of age.
Examples: mild asthma or diet-controlled diabetes not requiring medications.
Community Hospital Medical centers may be located over one hour away.
Medical Health CARE LEVEL II (the majority of BOP facilities)
Inmates are stable outpatients who require at least quarterly clinician evaluations.
It can be managed in chronic care clinics, including mental health issues.
Examples: medication-controlled diabetes, epilepsy, and emphysema.
Hospital Medical centers may be located within one hour of the facility.
Medical Health CARE LEVEL III
Inmates are fragile outpatients who require frequent clinical contact to prevent hospitalization.
May require some assistance with activities of daily living(BOP Program Statement 5200.05, page 2), but do not need daily nursing care.
Examples: cancer in remission of less than 1 year, advanced HIV disease, severe mental illness in remission on medication, severe congestive heart failure, and end-stage liver disease.
The designation is done by BOP’s Office of Medical Determinations and Transportation (OMDT).
Medical Health CARE LEVEL IV
Functioning is severely impaired.
Cannot perform Activities of Daily Living (ADL), such as caring for oneself, performing manual tasks, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, bathing, and cleaning oneself.
Requires 24-hour skilled nursing care or nursing assistance.
Examples: cancer on active treatment, dialysis, quadriplegia, stroke or head injury patients, major surgical patients, acute psychiatric illness requiring inpatient treatment, and high-risk pregnancy.
The designation is done by BOP’s OMDT.
There are seven Federal Medical Centers.
FMC Butner (North Carolina), the cancer center for the BOP, provides inpatient medical/surgery and mental healthcare and sex offender treatment programs, along with housing at all security levels.
FMC Carswell (Texas) is the only facility just for women.
FMC Devens (Massachusetts) provides dialysis, one of several facilities that provide a residential sex offender program, along with inpatient mental healthcare.
FMC Forth Worth (Texas)
FMC Lexington (Kentucky); for lower security.
FMC Rochester (Minnesota); contracted with the Mayo Clinic, providing all levels of complex medical care and inpatient mental healthcare.
FMC, Springfield (Missouri); higher security, dialysis, and inpatient mental healthcare.
Medication availability (~ 3500 different drugs), falls into 3 tiers;
Available- On Formulary (Which are they?)
Non-Formulary; Requires a lengthy Preauthorization Process. Which are they? How do you ensure their availability for your client upon their admission starting on day 1?
Just not available; what similar (equivalent) substitutions need to be requested? (What do you do here?)
Whether You’re The Target of a Federal Investigation or Already Incarcerated – There Are Things At All Levels We Can Do
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.
Facing the Criminal Justice System is not easy. Are You Pre-Prepared?
Your attorney has taken you this far, The Rest Is Up to You. Your Sentencing Hearing and Presentence Interview Is Coming, and Will Change Your Life. Today,Are You Prepared to Speak to Your Judge?
Your Judge Sees a Lot of Defendants – How Do You Stand Out?
The Judge Knows that the Prosecutor wants to convict you, and your Attorney wants a lesser sentence for you.
Help the Judge Understand Who You Are – And Why You Deserve Leniency
What Changed in Your Life That Caused You to Break the Law
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
Write Your Story, your Narrativethat tells how you came to this point in your life, to the Judge. This is an arduous, reflective experience for you to go through, forcing a face-to-face with your innermost thoughts, and may require you to enlist an outside mitigation expert to work with you, but you have to participate in doing the work.
Federal Judge Mark Bennett 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.
Taking weeks to months to complete, this can result in a distilled version of you that is honest and true, a version where you have Remorse, Accepted Responsibility, and Identified with the Victims of the Crime You Perpetrated.
The resulting Narrative or Story of you is quite the opposite of the one that the DOJ previously presented through their Indictment. As you now stand at your sentencing hearing waiting on the judge, you may also have an unexpectedly cathartic experience as a result of revealing all of your life through your writing.
Now, Are You Prepared to Speak to Your Judge?
CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF
The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13Assessment Questions(as you are expected to answer these questions when you first arrive, you might as well become familiar with them early), are written as one document and weaved into the Presentence Report when provided to your Probation Officer, a few weeks before your Presentence Interview.
Here the defendant has accepted responsibility, expressed remorse for the victim(s) pain, suffering, and how it has impacted them, and agrees with the court about the seriousness of the crime without minimizing it.
The caveat is that the defendant must put time and effort into writing their Narrative, Allocution, and Reentry Plan because their future depends on it being honest, pure, and from the heart.
PERSONAL NARRATIVE. Writing your story through Your Narrativetells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. This is your autobiography (of you and those around you), the good, the bad, and the ugly. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your client’s life and requires their participation. Listen to this video regarding your Narrative.
FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver
DEFENDANT’S PHYSICAL CONDITION: Medically documented bad Back-Hip-Knees-Shoulder could provide you with a Bottom Bunk. Diabetic, Vascular Disease, Raynaud’s could allow the Medicare soft shoe or sneakers.
MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, X-ray – CT-MRI-Ultrasound-Pet Scans (in Written and CD Format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will ALL physician contact information.
SUBSTANCE ABUSE: Alcohol, Drug (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.
EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level. Otherwise, a GED will be required in prison. If you have experience in/with computers, administrators frown on these skills, so you may want to consider not using them.
MILITARY: Copies, branch, discharge?
EMPLOYMENT: The PO will check. Judges love an excellent work record/history.
STATEMENT FINANCIAL RECORDS: If there are financial fines/restitution, Congress and The BOP now require a Financial Responsibility Plan to benefit from all Earned Time Credits and access to Programming. Therefore, if the events allow, counsel could ask that the court write into the record that payments should only start after release from the BOP.
RELEASE PLAN. Include that you realize you need to learn from the FSA Risk Reduction Programs and implement their lessons into your daily life. Then expand on an appropriate theme, “Since my indictment, arrest, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process, I had the time to think about all that I have done. I made BAD decisions, except it shouldn’t be about ME – It’s about MY Victims and What I did. This is most important, as I must Prove my Remorse and my Efforts to Change and Accept Responsibility for The Pain I caused to my victims, the community, my family, and myself. To the court, I do not want to be here again – I have learned a hard and humbling lesson.
If you are currently taking FSA Programs for AA, NA, Gambling, or a Sex Therapy Program, where applicable when released, you want to continue the Therapy and Rehab for AA, NA, Gambling, or Sex therapy rehab. sessions. State this in your Reentry Plan.
You also should refer to (or have) copies of your Social Security Card, Driver’s License (if expired, it needs to be updated with a new test likely), and Birth Certificate. You are also grateful to be moving into a home with a support structure where they will keep you accountable. While you have been self-employed in your career, you have a letter from a friend willing to hire you, “all I have to do is let them know that you are released, as they are expecting my call”. “As you see, the letter was also a character letter that I initially provided.”
At the same time, you can also plan to be self-employed again if your role was not part of your criminal charge. Then everything that goes into a traditional business plan, including what you would present to a bank, should be professionally (not handwritten, not expensive), put together, as your Probation Officer will want to see this during or before your Supervised Release.
ALLOCUTION.You maybegin by writing (in your own words) something like this…, “I am embarrassed and since my indictment, I’ve had the time to think about how I have damaged so many (victims) and I am 100% responsible. I was raised to do the right thing, and I brought this on myself facing my demons is humbling and I owe it to the victims, community, and my family to make things right.
I have looked into the FSA programs that may help like Threshold Program, a non-residential faith-based, and I’ve already started AA. I understand that it is about my victims, and for me to somehow make it right – even with my medical license being debarred, this is something that I must do.
“No punishment will be enough. If I could go back and change everything, I would.”
I am persuaded that the defendant is sincere and demonstrates insight into the crime.
Allocution is very important, “I’d like to have a conversation with the defendant” …
I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
“Allocution, however, changes this when I see the defendant has insight into the harm they have done,” when I see they have insight into this.”
“I am looking for remorse and insight as to why he did what he did and what he is doing to ensure that it doesn’t happen again.
As you stand at your sentencing hearing, nervous, anticipating the conversation with your Judge (your Allocution), you may also realize that writing your narrative has been an ‘unexpectedly cathartic experience’. Speaking from the heart could influence the court, and ‘may’ impact your sentence…
CHARACTER REFERENCE LETTER.These are letters to one’s character, they are aware that you have broken the law, and they have known you for a long time. Should an employer be willing to write a letter that states they are still willing to rehire you after release from prison due to your ‘character and skills’ – that is a Great letter and should be included.
EXAMPLE. The ‘writer’ states that they know that you are in trouble and facing federal charges and that you feel terrible about what you did. They have known you for 40+ years, “We went to college together, and this is so out of character,” and you are so remorseful.
I know that he/she won’t be back to this court because we will be looking out for them in the future, and we will hold them accountable.
Now…Do You Feel More Prepared to Speak with Your Judge?
My 30+ years in practice, and experience in the BOP, have provided me with the answers to almost all of your questions and concerns about how to craft your Sentence Mitigation Strategy.
For Free,
On my website, YouTubechannel, Podcast, and various other social media venues you may find the tools you need to do this on your own.
Whether using these free services, or engaging me, or someone else, please get experienced assistance.
This will impact your future through your Presentence Report and will influence the actions of your Judge (Your 1st STAKEHOLDER), and
Other STAKEHOLDERS as you move through the prison on your pathway home.
Once you are incarcerated, expect that life in The Federal BOP will come with,
Promises are made and broken, timelines are not kept, and sometimes rules are broken.
Having been in prison, despair, discomfort, frustration, and the like will become all too frequent and familiar, but this is all Temporary.
Therefore the only person who can control your reactions to all of this, and this person is you, so work at keeping positive and humble, focusing your efforts on the goal of getting home.
Remember thatno consultant or attorney, can promise any special relationship with any judge, or any outcome– if it sounds too easy or too good to be true, thenNext. This takes hard work, and Self-Advocacy on your part.
Let’s take the next step together and answer your questions. Marc
OUR SERVICE
I) PREPARATION
The first Expert You Need is a Federal Criminal Defense Attorney who practices in Federal Court. Next, they should be experienced in working cases similar to yours, and most importantly, You Should Feel Comfortable with them accepting advice from you, as you hold each other accountable.
Personal Narrative.Your only opportunity to speak directly to the Judge and share your personal history, accept responsibility, and remorse, and explain why you will not revisit this courtroom again. This can be in written, video, or both formats.
Allocution. This is the Judges 1st and only time to meet and speak with you – he really does not want to see you back in this courtroom on a criminal matter, again.
Your Probation Officer will be scoring you, it makes sense that you be prepared, as this could impact your sentence and placement.
III) PREPARATION For Your Presentence Interview and optimal BOP Placement Facility with supporting BOP Programs
The Presentence Interview is done by the Courts Representative, The Probation Officer (PO), who will try to learn as much about your as they can – in a short period of time. After they have spoken with The Prosecutor and Googled You, they will have learned all of the Negative Information available online, provided by the DOJ. Then they will concentrate on conducting their Presentence Interview of you, followed by their Investigation.
After they have assembled your biographical background information, they will write your official Presentence Report, and passed to the Judge, along with recommendations regarding your sentencing and placement.
First, your legal team is currently prepping for the date of your Presentence Interview.
They work to establish 1st contact with your Probation Officer (PO) before they learn more about you, so they are not biased against you – before you ever meet,
They will quickly learn 1) what the Officer knows, 2)provides the opportunity to explain their client’s defense strategy, 3) you now have a timeline regarding The Interview Date, along with the Documents you need, and4) The Dictation Date Deadline – which is when their final Presentence Report of you is due to their supervisor.
You begin to assemble your Biographical Information
Highest education level achieved
Identification documentation
Character Letters
Past and First Work Character Letters
Military Service, what branch, type of discharge, and highest rank.
Past Medical (and Mental Healthcare) Care History
Comprehensive Medical and Mental Healthcare Profile Development
Mental Healthcare needs directly matched to FSA Specific Programs
Your Medication list checked for availability according to the BOP 3 Tier Formulary
Also, answering the question regarding, who listens to the ‘AM’ Radio Station: W.I.I.F.M., all the time?
I provide you and your legal team with; 1) a personalized, court-ready BOP Placement Packet, and 2) supporting reasons for the request, with the appropriate documentation; Medical Care, First Step Act Programming, or other pertinent issues. (Example – Alderson)
A Surrender list of what to bring, and aPre-Surrender Checklistof what to prepare for you and your family
IV) Our Presentence Investigation Report
We can also provide an “alternative presentence investigation report” for the defense so that it can be submitted to the court for consideration. This may also include the expense of additional experts.
V)When To Make Your BOP PLacement Request To The Court
JUST BEFORE SENTENCING, or
WITH THE SENTENCING MEMORANDUM, or
IF THE TIMING WAS RIGHT – AT YOUR PRESENTENCE INTERVIEW
It could be yours, a friend, a stranger, or a relative.
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 Attorneys, you need legal representation.
There is no implied or otherwise guaranteed final prison placement, medical and medication availability, or program enrollment.
In this YouTube, I cover what you can bring when you self-surrender. The optimal time is before noon and then before 4 P.M. In the weeks before, there is additional planning, which I cover below.
1) WHAT HAPPENS WHEN YOU SURRENDER?
Learn what prison you have been designated to.
If it’s a Satellite Camp – You Surrender to the Higher Facility or Prison.
While the Higher Secure Prison may house Violent Persons, you will not (Should Not) be interacting with them.
You will Interact with the staff, and as they deal with Violent persons (or higher security persons), their attitude toward you may reflect the same harshness.
…in other words, it won’t be a warm welcome or warm first impression.
Bring actual or copies of your Driver’s License, Social Security Card, Medical File, prescriptions for your Medications, and Medical Device, if applicable.
If you owe and Paid your Restitution, bring Proof and contact your attorney ASAP to get that to you. Next, once paid, you can keep any amount of money in your Trust or Commissary account.
Sending Money: Western Union $3 – $500, MoneyGram is $300 Max, BOP Lockbox is any amount.
Wedding Band, Religious Neckless; Max value of $100 is permitted.
Release Plan, Phone Contact list (No Color, Not Double Sided): Bring it saying that you read online that this was important, and I wanted to give it to my Case Manager. You can also mail it to yourself that day [no more than three pages per envelope]).
The soonest early release is after you’ve served 25% of your time.
Letters to your PO in the District of your Permanent Legal Residence.
The 1st Case Manager meeting is within 30 Days.
2) ENSURE A SMOOTHER PROCESS WHEN YOU SURRENDER
Verify with all parties that the receiving facility has received all the required judge’s orders for your arrival before you get there, 18 U.S.C. § 3621(c).
If you arrive before your commitment orders (no matter how rare that may be), you may find yourself being placed in an Isolation Cell, and now that they have you, they’re not likely to let you go.
If we have prepared you, you will have books arriving soon, which should take the edge off should they keep you in Isolation longer than several days.
If you’re ultimately designated to a ‘satellite’ camp, know that you must present yourself to the adjacent, ‘higher’ secure facility – not the satellite camp. If you’re going to a Free Standing Federal Prison Camp (FPC), No Worries, and you will not be facing most of these challenges.
Also, know that at the higher secure facility, you will likely see prisoners in handcuffs and shackles, guards with long guns, guard towers, etc., so just an FYI.
Being prepared is essential – as this is not the time for surprises. This is because every client will deal with the emotional aspects of “prison,” each in their own way, especially if it’s their first time.
Once inside you will be screened and given a change of clothes. The clothes they came with and peripherals will then be boxed and mailed to your ‘legal residence’. You’ll also have to strip, squat, and cough.
The copies (or originals) of your birth certificate, passport, driver’s license, and social security card will all be kept and returned to you at the time of your release.
What Not to do while you’re there,
No Alcohol, Drugs, Gambling, or Sex with Inmates or Staff.
When you’re first there, keep a low profile until you understand prison better; look for someone like you.
No chit-chat, casual talking to guards.
Don’t be an informant.
Don’t use anyone’s Cell Phone.
It’s normal to be apprehensive at first.
Emails and USPS letters are read, and calls are monitored (Never do a 3-WayCall)
Don’t use someone else’s medications.
The TV Room is under others’ control – don’t change the channel if others are watching TV.
Don’t miss counts, find out where the Call-Out Sheet is, and look at it daily for your name.
Be Respectful to other inmates, their personal space, and staff.
Be aware that banks and different investment, mortgage, and other loan companies may elect to close your accounts due to your charge(s).
Be sure to have someone you trust notarized as your Power of Attorney. They could also be your Emergency Contact person with the prison and for your visits.
Start looking at smaller local banks, possibly in different states, and look to open different accounts.
To not get financial penalties as some of your investments are being forced to close, here too, look for other places to move your funds to avoid those penalties.
Case Managers will be looking for Personal Growth and Development in addition to your taking the First Step Act (FSA) Programs. To keep a record your yourself, like insurance – where you don’t need it, until You Do.
Reading Books (Non-Fiction) for Personal Growth,
Amazon sells cheap paperback journals with lined pages, but they will also need writing inside – because the BOP may not let in blank pages. These can be inspirational quotes, religious, or anything, but something is necessary.
Constructive Learning. Whatever you are interested in, Art, History, Famous people, Banking, Real estate, or if you like to paint or draw, then do that.
Now The Journal. Every day, start a routine for yourself once you get inside. Every day, write what you’ve done,
1) you’ve taken an FSA Class [note the day, time, class name and find something that you learned],
2) note every conversation that you had with a correction officer (BOP Staff), just in case…
3) once you start reading BOOKS (Non-Fiction), again [note the day, time, book, and find something that you learned and may want to implement later].
4) As you document your journey, this is also Building your Release Plan
5) You’ve been educated to the max as a Ph.D., Doctor, Lawyer, Scientist, etc., so consider teaching a class to inspire those around you.
Reputation Management. Create a website for yourself before you surrender, and then email home everything you’re doing to rebuild your life. So far, all that is there is your INDICTMENT, and Reputation Management Companies don’t hold in the long run. I’ve paid for it, and it hasn’t held.
Once you enter the BOP, this is another Planet. Frustration and Disappointment are to be expected and will test you to your core.
Please don’t vent your frustrations to your unit team and case managers; you will only worsen things for yourself. For you, this period is Temporary, but for the BOP Staff, this is their job; they are here every day and have heard every complaint. Please stay under their radar and don’t get the reputation of a complainer.
When you first arrive, as soon as you can get to a computer, take your firstSPARC 13 Assessment Questions, because without it, you may still be offered Programs to take, you just will not get any credit.
Bring verification if you have had all your Flu and COVID vaccines and boosters.
Prescriptions for Medical Devices and Medications (2-3 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 on-site pharmacy, medical devices, and glasses (that are not made with metal).
ID: birth certificate, passport, driver’s license, and social security card. Copies or originals: It depends on how long your sentence is, and whether you will remember where and who holds your document originals.
Cash may or may not be allowed, but you can try: $320 ($370 in November and December). Otherwise, use either Money Gram or Western Union, as the funds will be deposited within hours.
Legal papers (not your PSR) can include your Medical File and personal contact list. List of personal names (including phone numbers and addresses). Type on the back of a page from your court case, and put it in an envelope labeled ‘Legal’ to take with you when you self-surrender.
Schedule your list of books you’d like to read to start being sent (2 at a time) 2 days before your arrival, lasting most of your pre-calculated stay.
Don’t arrive at lunchtime.
Do present to the higher security facility if you are expecting a satellite camp.
Speeding is sometimes understood at three mph over the limit when driving to surrender.
Arrive early.
4) THINGS TO UNDERSTAND AND PREPARE FOR BEFORE YOUR SURRENDER – POSSIBLY LEADING TOWARD EARLY RELEASE
I. Compassionate Release – What is this?
II. RDAP:What is this, and do I Qualify?
III. Your Reentry/Release Plan– Is this Important? What is this?
IV. FSA—How does it work? What is this? In this video, I review how to implement The First Step Act (FSA) successfully.
V. Case Managers, what power do they have on me, and who are they – what do they do?
WHY A RELEASE PLAN? THIS IS ALL ABOUT PREPARATION; YOU WILL BE GOING HOME ONE DAY SUCCESS IS A MENTAL PROACTIVE DECISION – THAT DOESN’T HAPPEN OVERNIGHT
I’m here to help you Navagate Through What You Going To Encounter – Because I’ve Been Where You Are Now, And Understand Your Fears
VI. Who should you tell the prison to call in case of an Emergency?
VII. What are the BOP policies for phone calls, email, and personal Contacts, and how do you get money for the commissary?
VIII. Do you have a business that will be runningwhile you are in prison? What can and can’t you do?
IX. Understand Your Medical Needs –Is your healthcare available? This is a big deal. Yes, you can get Surgical 2nd Opinions – and there may be a 1-3 year wait to get an appointment. After the medical 2nd opinion consult reaches your medical team, The BOP Is Under No Obligation To Follow It.
I have been providing medical and surgical management of the lower leg, ankle, and foot for over 30 years, a privilege of practicing a discipline I love.
Through my story, this video explains why finding the right attorney for you is important. This is your life-altering event; Preparation and Knowledge of what you are about to do could still result in the best outcome for you. Remember that the DOJ has a 98% conviction rate – with incarceration as their outcome; what then is a realistic positive outcome for you? Learn from my experiences through my video.
For transparency, approximately two decades ago, due to a white-collar crime, I, too, was convicted of a felony. There was never any issue regarding the quality of patient care provided, and I took responsibility for my actions and that of my practice. Later, with work and the support of colleagues, my license to practice was restored in full back in 2010.
At sentencing, the judge did say that he did not want to see me back in his courtroom, and both my attorney and I heard what he said – but were we listening? We next asked if we could appeal the indictment, and “we” agreed, assuming (not too savvy on my account) that I would only get a Yes or No at the time of the Indictment appeal – boy, was I wrong! The rest of this story I’ll share once we speak in person.
But I digress…
BEING UNPREPARED WAS AN UNDERSTATEMENT
KNOWLEDGE AND PREPARATION MAY REDUCE YOUR SENTENCE AND YOUR FEARS
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 had no idea what to expect when entering Prison, as I went directly into an Isolation Cell or Solitary Confinement when I expected to go ‘directly’ to the Satellite CAMP. Years later, I learned that my attorney could have informed me that going into the isolation cell (or solitary to the rest of us) is “usual and customary” for the BOP when you are designated to a Satellite Camp.
My placement into ‘solitary’ was also preventable as I arrived before all of my judge’s orders. I have no idea why nobody bothered to check, other than they must have Assumed, Incorrectly, that the records would have been received wrong! So yes, I Panicked, followed by a sudden attack of Claustrophobia. Learn other reasons one is immediately placed in solitary.
I want to share the many obstacles I encountered so that you would not have to experience the same frustration of being unprepared.
This was an overwhelming period of my life. While I didn’t realize there were support groups out there, this one, led by Jeff Grant, is a great resource for knowing that you’re not walking this path alone.
My Transition From Patient Care. This career change has allowed me to share what I have learned after 30+ years in the medical field and my experiences within the BOP because, with Preparation and Knowledge, we can all come out the other side stronger, leaving this as a memory as we continue with our lives.
Through Preparation and Knowledge, we’re Reducing The Fears That Impact the Lives of Individuals and Families Like Yours, as they Face this Life-Altering Event.
I) Early Release: Minimum and Low-Risk Inmates II) Alternative Benefits: Medium and High-Risk Inmates III) First Step Act Reforms IV) FSA Credits can begin on day one
This video provides an overview of Early Release Options – Just don’t get disciplined.
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).
Video 0.07 covers how the First Step Act is supposed to work and defines PATTERN (which identifies a person as a Minimum/Low or Medium/High), and the Medium/High can work alternative benefits. While the law was passed in 2018, and this note was made on 10/2023, whether due to COVID in 2019/2020, being short-staffed, the BOP Calculation of FSA ETC has yet to be corrected, DISAPPOINTMENT and FRUSTRATION are going to be a regular occurrence. Either way, I hope you find this PowerPoint informative.
As of January 10, 2023, all people in federal prison will receive the updated computation dates for their (approximated) Earned Time Credits. This process should then update their computation dates every month to reflect the status of Earned Time Credits.
BOP Policy Statement 5400.01 (6/25/2021):Page 4: Unit Management is responsible for notifying each inmate of his or her targeted needs during routine program reviews at team meetings. Case Manager and Unit Team referrals are needed to earn, ETC.
*As soon as you can after entering prison, the first thing you do after finding the Computors is to TAKE YOUR ASSESSMENT SURVEY.Without thatAssessment Survey, you can take the classes but likely will not earn the – Earned Time Credits.
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
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.
Video 0.09 covers how the First Step Act is supposed to work and defines PATTERN (which identifies a person as a Minimum/Low), which can work toward Early release. While the law was passed in 2018, and this note was made on 10/2023, the BOP is still not calculating release dates as the law was intended. Whether due to COVID in 2019/2020, being short-staffed, or staff choosing to impute information or not, DISAPPOINTMENT and FRUSTRATION are mainstream. Either way, I hope you find this PowerPoint informative.
You can earn up to 365 Days off your sentence in Earned Time Credits (ETC), with additional credits applied to time in either Halfway House or Home Confinement.
The Caveat: Don’t Get In Trouble No Infractions
Have a Great Release Plan, started Before your Presentence Interview (if possible)
As soon as you arrive, locate the computers – take Your FSA Risk Assessment Survey before you meet with your Case Manager and write any emails.
On designated status outside the BOP facility (for example, extended medical placement, court appearances, furlough).
On a writ or temporary transfer to the custody of another federal or nonfederal government agency.
On a mental health hold; or
Who declines to participate in the recommended EBRR or PA Program.
IV) FSA Credits can begin on day one
Another reason is to consider the benefits of the PSR as a proactive placement tool for those with long sentences.
1. The BOP Risk and Needs Assessment System
Assessing the recidivism risk and criminogenic needs of all federal prisoners and
Then, they place prisoners in recidivism-reducing programs (EBRR) and productive activities (PA) that address their individual needs to reduce this risk.
Examples of recidivism risk and criminogenic needs: Anger/Hostility – Antisocial Peers – Cognitions – Dyslexia – Education – Family/Parenting – Finance, Poverty – Medical – Mental Health – Recreation/Leisure/Fitness – Substance Abuse – Trauma, and Work.
A defendant who previously would have been sentenced to 20 years might now face 15 years.
The new law also gives judges greater discretion to ignore the Mandatory Minimum.
Expanding the Safety Valve (Page 3, 2019)
The FSA also expands the safety valve provision, allowing courts to sentence low-level, nonviolent drug offenders with minor criminal histories to less than the required minimum for an offense.
Pre-release placement refers to:
Home confinement and/or,
Halfway house (also known as Residential Reentry Center (RRC)
The Second Look Act
For those who committed a crime before the age of 25 and
Who has served a minimum of 15 years in prison,
They can apply to the DC Superior Court to have their sentence reviewed.
For those who participated in The FSA 12/21/2018 – 1/14/2020.
Those credits are being awarded retroactively.
Retroactive Application of the Fair Sentencing Act of 2010, Section 404 (Page 4, 2019)
Inmates found guilty of misconduct may not earn incentives for the time periods listed below.
The below time periods will begin the day after the Unit Disciplinary Committee or the Disciplinary Hearing Officer has found that the inmate has committed the prohibited act(s).
120 days for a 100 Series incident report.
90 days for a 200 Series incident report.
60 days for a 300 Series incident report.
30 days for a 400 Series incident report.
For additional information, contact the Reentry Services Division (RSD) by email: BOP-RSD-NRB-FSA@BOP.GOV.
Call 240.888.7778 for a personal one-on-one call to discuss your current issue or that of a loved one.
Second Chance Reauthorization Act (SCRA). 12 MONTHS in an RRC Law
If your sentence is > 60 mo (5 yrs) = last 6 mo on home confinement
If your sentence is < 60 mo (5 yrs) = last 10% on home confinement
The regulation mandates that
“Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).
This regulation also provides for
home detention as a condition of pre-release custody during their final months of imprisonment,
not to exceed the shorter of ten percent of the inmate’s term of imprisonment or
six months.”
BOP staff is required to review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).
(1)the resources of the facility contemplated;
(2)the nature and circumstances of the offense;
(3)the history and characteristics of the prisoner;
(4)any statement by the court that imposed the sentence—
(A)concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B)recommending a type of penal or correctional facility as appropriate; and
(5)any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.
The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.
The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.
Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.
Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.
Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
The qualifying age of 60+ years and You can serve that last part at Home
you must have served two-thirds of the sentence must be served to be eligible.
the offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that
the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
the offender must not have escaped or attempted to escape from a BOP institution;
the BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government, and
the BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention.
The Security Level custody differences are based in part on limiting freedom of movement.
Minimum
Minimumsecurity institutions known as Camps have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. These institutions are work- and program-oriented, and many are located adjacent to larger institutions or on military bases, where inmates help serve the labor needs of the larger institution or base.
This video looks at BOP Federal Prison Camps (FPC) vs. Satellite Camps are attached to higher security facilities. Brief Overview: Satellite Campsusually have more FSA programs, and FPCs have overall less stress as the guards do not have to deal with the adjacent higher security facility.
There are two types of Minimum Camps;
Federal Prison Camps (FPC): These are free-standing with limited fencing and more freedom of movement.
Satellite Camps:These are associated with higher security institutions. A number of BOP institutions have a small, minimum-security camp adjacent to the main facility. These camps, often called Satellite Prison Camps (SPC), provide inmate labor to the main institution and off-site work programs. FCI Memphis has a non-adjacent camp that serves similar needs.
Low
Low-security Federal Correctional Institutions (FCI) have double-fenced perimeters, mostly dormitory or cubicle housing, and strong work and program components. The staff-to-inmate ratio in these institutions is higher than in minimum-security facilities.
FCI Seagoville, a low-security federal correctional facility where Bardell is housed, has been the hardest hit federal prison in the nation by the COVID-19
Medium security FCI (and USP designated to house medium-security inmates) have strengthened perimeters (often double fences with electronic detection systems), mostly cell-type housing, a wide variety of work and treatment programs, and even higher staff-to-inmate ratio than low-security FCI, and even greater internal controls.
High
High-security institutions, also known as United States Penitentiaries (USP), have highly secured perimeters (featuring walls or reinforced fences), multiple- and single-occupant cell housing, the highest staff-to-inmate ratio, and close control of inmate movement.
Federal Correctional Complexes (FCC)
Correctional Complexes: A number of BOP institutions belong to Federal Correctional Complexes (FCC). At FCC, institutions with different missions and security levels are located in close proximity to one another. FCC increases efficiency through the sharing of services, enables staff to gain experience at institutions of many security levels, and enhances emergency preparedness by having additional resources within close proximity.
Administrative
Administrative facilities are institutions with special missions, such as the detention of pretrial offenders, the treatment of inmates with serious or chronic medical problems, or the containment of extremely dangerous, violent, or escape-prone inmates. Administrative facilities include:
Angela Beck, a 47-year-old at the time with a family history of breast cancer, discovered lumps in her left breast while in federal prison in Aliceville, Ala., and asked to see a doctor. After receiving imaging results “‘highly suggestive’ of cancer,” she waited more than eight months for a biopsy, which confirmed the cancer. Another two months passed before surgery, during which doctors confirmed the disease had spread to her lymph nodes. Beck then waited another five months before she saw an oncologist. By that time, it was too late to start chemotherapy or radiation. A federal judge granted her release in June 2019.
Michael Derentz, a 70-year-old inmate at the Fort Dix federal prison in New Jersey, was granted compassionate release in 2022 after a federal judge found the BOP’s repeated delays in care “disturbing.” “Delays in securing urgently needed follow-up appointments contributed to Derentz becoming blind in his left eye,” the judge wrote.
Joseph Guadagnoli died of cancer while in custody at the federal prison in McDowell County, W.Va., in July 2022, after complaining of a litany of ailments. By the time doctors diagnosed his cancer in May of that year, it was too late for treatment, his brother Michael Guadagnoli said. On Sept. 7, 2020, records show, Joseph wrote a sick call request to staff: “My conditions are getting worse. I need to be seen soon.” On Oct. 10: “This is taking a psychological toll on me — what do I have to do to be seen — to get attention?” On Dec. 1: “I cannot breathe. … I have been asking for seven months.”
In April 2020, Turhan Law began having nosebleeds several times a day at the federal prison in Loretto, Pennsylvania. According to a compassionate release motion filed by his lawyer, that bleeding continued for months before prison officials took him to a hospital. In the summer of 2020, a biopsy confirmed squamous cell carcinoma, a type of cancer. But by the time Law arrived at Butner in November of that year, no treatment plan had been started, according to a supplemental motion filed in support of Law’s release request. In December 2020, a month after the BOP sent Law to Butner, a federal judge granted his request for release, citing in part the delays in care Law experienced.
Medical Center for Federal Prisoners (MCFP), and the
Administrative-Maximum (ADX) U.S. Penitentiary.
Administrative facilities, except the ADX, are capable of holding inmates in all security categories.
Federal Satellite Low
Federal Satellite Low Security:FCI Elkton and FCI Jesup each have a small Federal Satellite Low Security (FSL) facility adjacent to the main institution. FCI La Tuna has a low-security facility affiliated with, but not adjacent to, the main institution.
Secure Female
Secure Female Facility: Currently, the BOP has one Secure Female Facility (SFF) unit (located at USP Hazelton, WV) designed to house female inmates. Programming at the SFF promotes personal growth by addressing the unique needs of this population.
Their intention is earnest about going after financial and corporate crime. Their target audience for that message is the private sector, which the Department is explicitly urging to invest in compliance.
The DOJ FY Budget 2023-24is set to support getting into the details is Covid fraud, kleptocracy, cryptocurrency, and cyber-fraud enforcement, for example—that will also generate white-collar cases.
This memorandum provides guidance as to how prosecutors should ensure individual and corporate accountability, including through evaluation of a corporation’s history of misconduct; self-disclosure, and cooperation.
I Guidance on Individual Accountability The Department’s first priority in corporate criminal matters is to hold accountable the individuals who commit and profit from corporate crime.
IA. Timely Disclosures and Prioritization of Individual Investigations To be eligible for any cooperation credit, corporations must disclose to the Department all relevant, non-privileged facts about individual misconduct.
Therefore, to receive full cooperation credit, corporations must produce on a timely basis all relevant, non-privileged facts and evidence about individual misconduct such that prosecutors have the opportunity to effectively investigate and seek criminal charges against culpable individuals.
“MINIMUM” FEDERAL PRISON CAMPS (FPC) vs “MINIMUM” SATELLITE CAMPS
There are differences;
Minimum Satellite Camps are adjacent to higher secure facilities.
Minimum Federal Prison Camps (FPC) are not, hence usually may have “No” Solitary Confinement or Razorwire.
This may result in overall less tension among staff and inmates alike and is possibly due to the absence of the adjacent higher secure facility. Above are the BOP Federal Prison Camps, only.
After the sentencingdesignation is made:
With your client and their family, review relevant information such as nearby hotels and prison visiting (list and hours), mail (including email), commissary, telephone, items that are allowed in prison, and how to get money to your client (including when they self-surrender and then monthly via Western Union, Money Gram, or other services), will go a long way to helping take the edge off this life-altering event.
If there are medications involved, are they on Formulary (easily available), Non-Formulary (available, but require a lengthy pre-authorization process), or just Not Available? If either of the latter two applies, then what medical/legal options have been presented to the court? Hopefully, all of these issues have already been resolved, long before the PSI was finalized.
SELF SURRENDERING – WHAT YOU CAN BRING WITH YOU
§ Basic wedding band, Bible.
§ Prescriptions; I recommend that prescriptions be attached to everything you bring with you, including, medications and medical devices, prosthetics, etc. Together with your attorney, make sure that copies of these prescriptions are included in your PSR, which was developed from your PSI.
Below is a sample from the BOP online Formulary that is available for your attorney’s use.
BOP Medication Formulary is based on a 3 Tier Structure. If you are able, I recommend bringing a month’s supply, at best you can use them, at worst they just throw them out. If you arrive on a holiday or weekend, they may be allowed.
Medical Devices:(CPAP, etc.). Prosthetics / Orthotics, Diabetic shoes (P6031.01, Patient Care, (Page 58): may need extra deep, extra wide toe box )/ Wheelchairs, etc.
§ Forms of ID: birth certificate, passport, driver’s license, and social security card.
§ Cash; Then Per Month- $320, ($370 in November and December), Money Gram or Western Union for monthly deposits.
§ Legal papers.
§ List of personal names (including phone numbers and addresses).
Noteworthy:A 20-minute video that shows you basic steps on how to protect yourself from COVID; whether or not you are in prison, by Mike Hansen MD
Mike Hansen MD, a Board-Certified Internist, Intensivist, and Pulmonologist who specializes in Internal Medicine, Critical Care Medicine, and Pulmonary Disease.
He explains what has been at best; a politically challenged topic these past several years – in a way that all of us can understand.
My background and experiences have provided me with a unique understanding of the federal Security Classification structure, Medical and Mental Healthcare – CARE LEVELS, along with an understanding of the BOP’s Medication Formulary (availability through their 3 Tier System).
Career Transition: My skills and experiences, together with 31+ years in medicine (my license is current and active), along with my lifelong compassion for others, have made me uniquely qualified to develop a Comprehensive PSR while providing the ‘best and appropriate’ placement outcome recommendations, along with counsel, to the court.
Do any of these mental health issues apply to the defendant? Federal prison placement includes Medical and Mental Healthcare needs to be implemented through the BOP CARE LEVELS I-IV along with their Structured Psychological Treatment Programs.
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 ProgramA 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 and a primary diagnosis of Borderline Personality Disorder, along with a history of unfavorable institutional adjustment.
Diversion Sentencing for drug crimes as outlined by the National Library of Medicine. Both appear difficult or aspirational to get a buy-in from the court and then BOP.
Unfortunately, prisons and jails are perfect Petri dishes for contagions to spread into their communities via the corrections staff and inmates. Masks along with 6’ of separation are unlikely and problematic to implement.
Minimum Satellite Camps are adjacent to higher secure facilities.
A male inmate facing a high-security penitentiary with a current diagnosis of either: Mood, Anxiety, Schizophrenia, Delusion, and/or Substance-induced Psychotic Disorders
VI)