REENTRY PLANNING

REENTRY PLANNING

By inDr. M Blatstein's Blog

REENTRY PLANNING


This is a document that will grow over time and will influence your STAKEHOLDERS.

WHO ARE ‘YOUR’ STAKEHOLDERS

Your Attorney • The Probation Officer Conducting Your PSI• The Prosecutor • Your Judge • BOP 1st) Designation Staff, 2nd) Your Case Manager, and 3rd) Unit Team • Residential Reentry Manager (RRM) • Probation Officer, • and Others You Have Yet To Meet

When writing your Narrative, Allocution, or Reentry Plan, read it through the Lens of YOUR STAKEHOLDERS, WHAT DO THEY WANT TO HEAR? Through their eyes, there are victims, and there was a crime, but without your narrative, all they have is the DOJs Indictment of you – so you may appear like America’s “Most Wanted”.  Only you can change this.

It’s best started before your Presentence Interview and will continue to develop as you add to it during your stay in the BOP.

Writing Your Release Plan, Now Before Your Presentence Interview – A Personal Note: How do you eat an Elephant? Answer: One bite at a time.

Attempting to write your Release/Reentry Plan, you don’t need to have all of the answers today! Start will the small parts (bites) that I have provided below. Like the rest of your plan, it will develop over time, I know because mine did. Remember: One bite at a time.

But, if you have a letter from someone who is willing to hire you when you are released based on your skills and character – that is a GREAT letter to include in your plan, Presentence Report, or with your attorney’s Sentencing Memorandum at your Sentencing Hearing.

 > Even With Everything Done Right –There are no Guarantees < 

These are my summaries of listening to interviews with Jon Gustin, a retired Administrator of the Residential Reentry Management Branch of The BOP, who oversaw all halfway houses and home confinement programs across the country.

 

Your Reentry Plan addresses your new STAKEHOLDERS

You must be Your Own Best Advocate – 

Your Judge: STAKEHOLDER. If your Narrative (with your Reentry Plan) is included in your Presentence Report, you now have your Judges attention because he/she among other things wants to know your plan to not re-offend.

  • What are you going to do?
  • In addition to expressing remorse for the victim(s), understanding their pain, suffering, and how it has impacted them, 
  • you have reviewed what your life brought you to this moment that caused you to do this – with no excuses. 
  • You have reviewed the FSA Risk Assessment Program Questions which had you reflect on what you’ve done and read about the many programs that are available to learn from.

Your Unit Team, Case Managers, and Counselors are your STAKEHOLDERS. For all of your meetings, just like with your FSA Programs and Books that you are reading, document their name, date, time of day, and topic of conversation so that you can recall it later. Consider it insurance.

If release plans are not required, then why do them – To reduce Your Time Incarcerated?

  • Without a Plan, why should your Case Manager and the BOP give you a reference to a Halfway House Residential Reentry Manager (RRM)
  • There are not enough halfway house beds in the country to house everyone who wants to use them.
    • Halfway House Residential Reentry Manager (RRM) wants to fill those beds with people who will use those beds to reenter their communities successfully.
  • Case Managers will Recommend you, which the Warden signs off, and your file then,
    • goes to the Residential Reentry Manager to determine who is best suited for their limited bed space, who needs that time, and who will succeed.
  • Residential Reentry Managers decide who gets to use the limited number of beds by evaluating your BOP file including your PSR, Narrative, and release plan.
    • They’re also being judged, so they too, want to show success. Inmates writing release plans are a way that halfway house managers can make that judgment.

Start your plan before your PSI – It Can Include Parts of Your Narrative,

  • Once inside, give the credit for your plan to your Case Managers and their recommendations as they offered FSA Programs to you.
  • Offer that you researched for your Release Plan: National Institute of Corrections website
  • Review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You will see that preparation fulfilled as you develop a reentry/release plan that works toward a better outcome. We can’t change the past — you can impact your future.
  • QUOTING something like…: “Since my indictment and arrest, I had the time to think about all that I have done. Previously I didn’t recognize how BAD my decisions were, But I realize that it’s Not About Me. It’s about MY VICTIMS, What I did, and What I have to do – to make it right.
  • Referencing your PATTERN Score, for either Men or Women address applicable points.
  • If you learn you have a Detainer, (hopefully, before your Presentence Interview)
    • LISA 3/17/2023. Last week, the BOP quietly issued a change notice to its Program Statement on how FSA credits are to be applied.
    • Before sentencing (or as soon as possible) your attorney learns that there is a detainer, when filing this form, with no response after 180 days it goes away
  • Financial Responsibility Program, Should you have a financial penalty, in order to benefit from FSA ETC you must make a good-faith effort to contribute. Over simplifying, if you’re accepting $1000 per month into your Commissary account, it’s reasonable to offer $200 per month, if your getting $340 per month, possibly $75 per Quarter or Month (is better).
  • As the Reentry Plan grows include future employment, financial obligations at home, health Ins,

1st) Followed With Copies of your Social Security Card, Driver’s License (expired?), Birth Certificate

    • Know where your originals are kept so you can get them.
    • Where are they now if they were taken from you at your arrest?

2nd) Be Honest with how you fill out BOP forms and talk in prison. If you lie and it gets found out by your STAKEHOLDERS (Judge), you may have more significant problems.

    • Don’t say you have a substance abuse problem – if you don’t.
      • This can be held against you by the Judge or other STAKEHOLDERS.
    • Honestly express remorse
    • Some of those you meet will be biased against you (try not to let it bother you, be polite)
      • Writing is good, BUT SHOW That You Have Learned You’ve Done Wrong
        • (The Anger Management Course: It taught you that You DID…)
      • DOCUMENTATION OF EVERYTHING YOU DO,
        • CLASSES YOU TAKE, BOOKS YOU READ, AND FSA PROGRAMS YOU HAVE ATTENDED;
        • Because even if your case managers forget to document your progress,
        • at least your records are complete, and
        • You CAN NOW VERIFY, AS IT IS IN ‘YOUR’ COMPLETE FILE

3rd) Who will be your Support Structure?

4th) Employment Opportunities?

    • Will you still be allowed to run your own business, Was your business part of your criminal arrest? If Yes – then-No.
    • It is possible though, to work For Yourself  – With a great release plan – Yes,
      • Probation May let you work for yourself and travel.
        • Were you working for yourself before your arrest? Yes,
        • If working for yourself – was this job part of your criminal activity? If No, OK
        • What will you do–keep it separate from your criminal conviction?
      • Who’s the owner?
      • Does it need to be registered with the state, licensed, etc?
      • Be Organized: “while I’m incarcerated I want to plan to own my own business, and these are the steps I will need to take”…
      • Will you need employment? No, I’m retired but I volunteer Here, or I take care of This Relative.
      • How realistic are your employment opportunities, you’re a physician – at best you’ll need to reapply to your board, get your CMEs, etc., DEA and Provider Numbers as well as Medicare and Medicaid, OPM, HHS

5th) At this point, your Reentry Plan is much shorter than it will be at the end of your sentence.

6th) The plan will change – Keep your Case Managers Updated on your REENTRY Plan

    • This is why I need either 1 year in a Halfway House (or Home Confinement) – here’s what I need to do as I prepare to get back on my feet.

7th) After sentencing, especially if the Judge gives you a downward Departure, start thinking about your Reentry plan, adding to it what you wish you had done differently, and add what the judge said at sentencing before you forget.

BY THE NUMBERS

  • If you have 12 months ETC, they can be applied to Home Confinement
    • If You Have the Appropriate Resources and Reentry Plan
  • ETC in Halfway House:
    • For example, if you have 11 months, the BOP will apply that to early release.
  • If you have 14 months ETC:
    • 2 Months in Halfway House
    • The 2nd Chance Act,
      • The 5 Factor Review: 8 mo. Halfway House, 6 mo. Home
  • Released to Home vs Halfway House.
    • Before the FSA: you could go
      • Home for the lesser of 6 Months or 10% of your Sentence.
      • So a 12 Month Sentence = 1+ Month at home
    • With The FSA: Removed the 6 Months or 10%, if you have ETC.
      • If you have 8 months of ETC,
        • all 8 Months can be spent at Home.
      • The BOP now sends inmates to the Halfway House, where they are evaluated for their plan.
        • It is up to the Halfway House to determine if the person meets the Eligibility & Appropriate criteria.
        • It is up to our REENTRY Plan to show why Home Confinement is needed.
Dr. M Blatstein

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