Reduction in Recidivism

Requires the Attorney General to develop a risk and needs assessment system

• The BOP assesses the recidivism risk and criminogenic needs of all federal prisoners
• Place them in recidivism-reducing programs
• Including productive activities to address their needs and reduce this risk.
•  Under the act, the system provides guidance on the:
  • type,
  • amount, and
  • the intensity of recidivism reduction programming and
  • productive activities to which each prisoner is assigned, including
  • information on which programs prisoners should participate in based on their criminogenic needs.
  • on how to group, to the extent practicable,
    • prisoners with similar risk levels together in recidivism reduction programming and
    • housing assignments.
• The Act also amends 18 U.S.C. § 4042(a), requiring the BOP to assist inmates in:
  • applying for federal and state benefits and
  • obtain identification, including a
    • social security card,
    • driver’s license or
    • other official photo identification, and
    • birth certificate.
• The First Step Act also expands the Second Chance Act to deliver recidivism reduction programming.

Incentives for Success

• The Act amended 18 U.S.C. § 3624(b), so that federal inmate can earn:
  • up to 54 days of good time credit for every year of their imposed sentence
  • rather than, for every year of their sentence served.
  • For example, if you’re sentenced to 10 years, and your maximum good time credit = 540 days.
  • These good-time credits go towards pre-release custody.
  • Ineligible for good-time credit are generally categorized as:
    • violent, or involve
    • terrorism,
    • espionage,
    • human trafficking,
    • sex and sexual exploitation; additionally
    • excluded offenses are a repeat felon in possession of a firearm, or
    • high-level drug offenses
    • For a complete list, see disqualifying offenses

Confinement

• 18 U.S.C. § 3621(b) requires the BOP to house inmates in facilities within 500 driving miles of their primary residence.
• The BOP variety of factors goes into placement, including:
  • bed space availability,
  • security designation,
  • programmatic needs,
  • mental and medical health needs,
  • any request made by the inmate related to faith-based needs,
  • recommendations of the sentencing court, and
  • other security concerns.
• The FSA reauthorizes and modifies a pilot program that allows the BOP to place certain elderly and terminally ill prisoners in home confinement to serve the remainder of their sentences.

Correctional Reforms

• Criminal justice-related provisions, including;
  • prohibition on the use of restraints on pregnant inmates in the custody of BOP and the U.S. Marshals Service.
  • requirement for the BOP to provide tampons and sanitary napkins for free
  • The FSA requires BOP to give training to correctional officers and other BOP employees:
    • on how to interact and de-escalate encounters with people who are diagnosed with mental illness or other cognitive deficits.
    • Also included is a prohibition against the use of solitary confinement for juvenile delinquents in federal custody.

Sentencing Reforms

• Changes to Mandatory Minimums for Certain Drug Offenders for some drug traffickers with prior drug convictions
  • the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders,
    • is reduced from the 20-year to a 15-year mandatory minimum,
  • The life-in-prison mandatory minimum (where there are two or more prior qualifying convictions),
    • to a 25-year mandatory minimum.
• Retroactivity of the Fair Sentencing Act (FSA)
  •  Those who received longer sentences for crack cocaine than if sentenced for possession of powder cocaine can submit a petition in federal court to have their sentences reduced.
• Expanding the Safety Valve
  • allows courts to sentence low-level, nonviolent drug offenders with minor criminal histories to less than the required mandatory minimum for an offense.
    • Guide published by the U.S. Sentencing Commission’s Office of Education and Sentencing Practice.

FEMALE PATTERN RISK SCORING

MALE PATTERN RISK SCORING

Violent Offense Codes for PATTERN Risk Assessment *

Cut points used when calculating an inmate’s Risk of Recidivism

Probation Officers Representing The Court:

They Conduct The Presentence Interview,

This is critical – as from it they prepare

Your Presentence Report (PSR),

Which acts as your “referral” to

The Federal Bureau of Prisons for everything

><

For a No Obligation Free Consult Call Dr.Blatstein at: 240.888.7778, or through email at: info@PPRSUS.com. Dr. Blatstein answers and personally returns all of his calls.

Probation receives and evaluates pre-sentence investigation requests.

Their Process:

• 1st they interview you, and then
  • Identify and pursue leads to obtain evidence.
  • Gather and document evidence by interviewing involved parties, obtaining statements, reviewing and analyzing records and files, etc.
  • Gather criminal history, police reports, victim impact statements, criminal complaints, and information and review them prior to the interview with the offender.
  • Conduct offender criminal history checks, warrant inquiries, and driver’s license abstract checks.
  • Compile and maintain history and case records.
  • Inform offenders of their rights, responsibilities, and purposes of the pre-sentence investigation process.
  • Interview offenders are required by the courts to have a pre-sentence investigation completed.
  • Utilize PSI interview guide and the Criminogenic Domains of Criminal History, Education/Employment, Financial, Family/Marital, Accommodation, Leisure/Recreation, Companions, Alcohol/Drug, Emotional/Personal, and Attitude/Orientation.
  • Complete various extensive assessment tools to gauge offender risk and needs.
  • Collect PSI fees.
  • Coordinate investigations with other law enforcement agencies, regulatory agencies, and other relevant entities.
  • Confirm information gathered during the interview.
  • Communicate with the appropriate Department of Corrections and Rehabilitation staff, other state agencies, related organizations, other entities, volunteers, and the public to provide information, referral services, technical advice, and consultation regarding PSI.
  • Communicate with Courts, attorneys, law enforcement, and other agencies involved in a court-ordered pre-sentence investigation.
  • Document interview and investigation.
• Identify and Inform crime victims of their rights.
  • Assist the victim advocates in coordinating victim requests for offender information; victim issues such as recovery from injury, financial losses, or victim mediation; preparation of victim impact statements and reports; communicate offender progress and victim assistance to various local, state, and federal officials, and to treatment staff.

Prepare The Presentence Report and

Recommend administrative, legal, and/or sentencing action.

• Present evidence to prosecutors, legal staff, or courts.
• Prepare and present testimony as required for legal proceedings or administrative hearings.
• Report offender compliance with the presentence investigation to courts.
• Summarize information gathered during the investigation and interview into the pre-sentence format.

Make sentencing recommendations

• based on sentencing guidelines and a thorough analysis of:
  • criminal history, and
  • medical and mental healthcare history allowing for
    • continuity of care,
    • medication availability,
    • offender risks,
    • resources, and
    • evidence-based practices.
• Ensure the report is distributed according to Applicable Code standards.
• Monitor programs for compliance with state and federal laws compliance.
• Gather, compile, and maintain statistics for required and requested reports.
• Investigate and confirm the information on offender release plans or interstate compact investigations.
• Maintain working knowledge of the Department of Correction and Rehabilitation (DOCR) programs and community-based programs that are available for offenders.

Note: The duties of probation officers listed above are not intended to be all-inclusive.

Federal Sentencing

1^st: Federal Defendants indicted, >93% likely will receive a federal sentence to a BOP facility

2^nd: The defendant’s first appearance in court

• ~93+%, can result in either a plea or verdict of guilty to a federal sentence
• Between the Defendant’s 1^stand, 2^nd court appearance; a resume or CV of the defendant’s background is developed: called the Presentence Report (PSR).
• The PSR is where the Defense Team Can make a Placement Request, while documenting the defendant’s medical, criminal, work & education histories, etc.

3^rd: The defendant’s second court appearance is for the Sentencing Hearing

• The details of sentencing are not taught in most law schools
• Judges determine the length of time the defendant is imprisoned
• Judges can also make a placement request to the BOP

4^th: The BOP determines placement

• Some of the factors that affect placement (BOP Policy Statement P5100.08 (Chapter 4 Pages 5-13 and Chapter 5 Pages 12-13):
  • Judges recommendations
  • Public Safety Factor (PSF) Variables
    • Accepting Responsibility
    • Age
    • Criminal History
    • Education Level
    • Legal Release Residence
  • Management Variables; Pre-determined Security levels
    • Disruptive Group-confirmed member
    • Greatest Offense Severity #
    • Greatest Severity Offense
    • Prison Disturbance
    • Serious escape
    • Serious Telephone Abuse
    • Sex Offender
    • The threat to Government Officials
  • Medical CARE LEVELS I-IV Structure
  • Mental Healthcare CARE LEVELS I-IV Structure
  • Psychology Treatment Programs
  • Medication Availability
    
    • On Formulary, or available
    • Non-Formulary requires a lengthy preapproval process
    • Or Just Not Available, where a similar substitute may be implemented

For Groups: My PowerPoint Presentation

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

• • 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 and a primary diagnostic of Borderline Personality Disorder, along with 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

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

Medication availability falls into 3 tiers:

1. On the BOP Formulary (available).
2. Non-Formulary; these require a lengthy preauthorization process.
3. Last: these are just not available. While similar medications are substituted, 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 that has a new charge or occurs 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

• (Program Statement P5100.08)

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

PPRSUS.com

As found in my LinkedIn 2/29/2020 post