
First Step Act Programs (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.
PATTERN SCORING: Men, Women; then Violent Additional Score Points
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 culture change, actual improvements to the conditions of care and custody in a behemoth industry (the BOP) at best will not happen overnight, but Director Peters does present a pathway for optimism. Only time will tell.
There is some good news, separate from the First Step Act as President Biden announced the 2nd Chance Pell Grant Program For Education, which will be available starting 7/2023. To get the full benefits from the program, please keep updated with the participating colleges and universities as they continue to enroll.
EARNED TIME CREDITS (ETC)
3/16/2023; The BOP is now in its third iteration of FSA calculation of your Earned Time Credits (ETC). According to a Forbes recent article, they have decided not to count the first assessment towards ETC, which is done within 30 days of arrival at the prison, and instead, 15 days/month can only be earned after the first year (or 3 assessments later) – on the BOPs 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 squarely conflict with the intent of the law as congress intended – so stay tuned and keep the faith!
For a personal, one-on-one call with me to discuss your current issue, or that of a loved one, call (240.888.7778). If I cannot answer, please leave a message, as I personally return all calls. 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 that have limited availability and are security-level specific.
Proactively understanding the nuances of the FSA is both complicated and unfortunately constantly ever-changing, but can still prove to be worthwhile …
- 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.
- The BRAVE Program is designed
Or,
- 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
- for each individual, nationwide.
- And if that is not limiting enough, they may be security level specific.
Or,
- 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, and if I recall what I read last,
- they have only 35 beds.
- Fay Spence and I are proud to have contributed two chapters to, REPRESENTING PEOPLE WITH DEMENTIA, Published, ABA.
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.
I) FSA Needs Assessment Components (BOP.gov):
- Anger | Hostility (2022) Temperamental and antisocial personality, including anger and hostility.
- 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.
- Cognitions (2022) 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.
- 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.
- Education (2022) The Education Need is assessed by the presence or absence of a high school diploma or its equivalent. Measures used for assessing the literacy level are the Test of Adult Base Education (TABE) and the Comprehensive Adult Student Assessments (CASAS).
- FAMILY/PARENTING (2022) Research has found links between family environment and criminal lifestyle.
- FINANCE/POVERTY (2022) There is a direct correlation between poverty and criminality.
- MEDICAL 2022, is assessed through a history drawn from PSI (which is drawn from the PSR) documents, and an in-person interview and physical performed by a medical practitioner at a BOP institution.
- MENTAL HEALTH 2022 Psychology Services Inmate Questionnaire (PSIQ)
- RECREATION/LEISURE/FITNESS 2022
- SUBSTANCE USE 2022, associated with criminality.
- TRAUMA is assessed using the Adverse Childhood Experiences Scale.
- WORK [vocational training and job readiness programs, for example2019 FCI Englewood Computer-Aided Design (CAD)]
II) EBRR, Evidence-Based Recidivism Reduction
- Anger Management (2022) Anger Management is a cognitive-behavioral curriculum designed to help individuals better manage their anger.
- Apprenticeship Training (2022) 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 (2022) In this program, women learn to be assertive while respecting the boundaries of others.
- Basic Cognitive Skills (2022) participants are taught basic concepts of cognitive-behavioral therapy, including the Five Rules for Rational Thinking and the use of Rational Self-Analysis (RSA).
- BUREAU LITERACY PROGRAM (2022) The literacy curricula consist of an Adult Basic Education To Pass The General Educational Development (GED) Exam.
- BRAVE Program ** (2022), 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 (2022) This program falls under three broad categories: 1) Apprenticeship Training, 2) Certification Course Training, and 3) Vocational Training.
- Challenge (2022) ** – 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 Processing Therapy (2022) Cognitive Processing Therapy is an evidence-based intervention for the treatment of Posttraumatic Stress Disorder.
- Criminal Thinking (2022) 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 (2022) for individuals who engage in self-directed violence, such as self-cutting, suicidal thoughts, urges, and suicide attempts.
- Emotional Self-Regulation (2022) Emotional Self-Regulation helps participants explore the emotions and patterns of behavior, and learn strategies for managing difficult emotions.
- Federal Prison Industries, FPI (UNICOR) 2022 – preparing for successful reentry through job training.
- Visit UNICOR / BOP.gov.
- Female Integrated Treatment (FIT) Program ** (2022) For female inmates with substance use, trauma (PTSD), and other mental illnesses. For those who are eligible for RDAP, this program is now available onsite so there is no need for an extra needless transfer.
- Foundation Program (2022) 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 that were established in the Foundation.
- Illness Management and Recovery (2022) IMR is considered a front-line intervention for the treatment of serious mental illness.
- Life Connections Program (LCP) 2022 – a residential faith-based program, not religion specific.
- Mental Health Step Down Program ** (2022) This residential program offers an intermediate level of 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 (2022) An instructor-led course that covers basic financial topics.
- Money Smart for Older Adults (2022) Provides awareness among older adults on how to prevent elder financial exploitation and encourages advance planning as you age.
- National Parenting From Prison Program (2022) 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, (2022) – a program requirement for supervised release or through judicial recommendation; where there is a substance abuse offense.
- Post Secondary Education Program (2022) 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 ** (2022) – an intensive treatment program where offenders experience living in a pro-social community. Available in Spanish. 2018 Current RDAP Locations.
- Resolve Program (2022) – a program for those with a Mental Health Diagnosis-related to trauma. Designed to decrease the incidence of trauma-related psychological disorders – to improve a person’s (male or female) level of functioning.
- Seeking Safety (Female) and Seeking Strength (Male) (2022) 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) 2022, a history of multiple sexual offenses, and/or a high level of sexual deviancy.
- Sex Offender Treatment Program Non-Residential (SOTP-NR) 2022, has a history of a single sexual offense and many may be first-time offenders serving a sentence for an Internet-based sexual crime.
- STAGES Program, Residential ** (2022) A residential Psychology Treatment Program for inmates with a diagnosis of Borderline Personality Disorder.
- Skills Program (2022) A program for inmates with intellectual disabilities, neurological deficits, and social deficiencies (ie: Autistic). Participation can be at the beginning of their incarceration but can be at any time and ongoing.
- Social Skills Training (2022) Although designed for individuals suffering from schizophrenia, this resource is appropriate for any inmate with moderate social skills deficits.
- Threshold Program (2022) 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.
- Vocational Training (2022) This program combines three broad categories: 1) Apprenticeship Training, 2) Certification Course Training, and 3) Vocational Training.
- Woman’s Career Exploration Series (2022) Teaches strategies to help women succeed in the workplace and offers insights to assist women to overcome employment barriers and move forward toward success in a long-term career.
- Women’s Basic Financial Literacy Program (2022) This program targets the financial deficits incarcerated women face as they prepare for reentering back into society.
**RESIDENTIAL (MODIFIED THERAPEUTIC COMMUNITY)
III) PA, Productive Activities
- A Healthier Me 2022, helps incarcerated women build healthy lifestyles
- A Matter of Balance 2022, decreasing fall-related fears
- AARP Foundation Finances 50+ (2022), provides financial education and counseling
- Access 2022, is designed for incarcerated women survivors of domestic violence.
- Alcoholics Anonymous (AA) Support Group 2022, reduces the likelihood of problematic drinking behaviors.
- Aleph Institute 2022, Correspondence Course program, offers a wide array of learner-friendly materials, from a Hebrew Reading and Writing Course to the mystical teachings of the Kabbalah.
- Arthritis Foundation Walk with Ease 2022, is a six-week program that teaches participants how to make physical activity part of everyday life safely.
- Beyond Violence: Prevention Program for Criminal-Justice Involved Women 2022, assists women in understanding trauma, the aspects of anger
- Brain Health as You Age: You Can Make A Difference! Improve memory and decision-making 2022, brain health and its impact on memory, judgment, decision-making, and overall physical health,
- Brief CBT for Suicidal Individuals 2022, developed for individuals at risk of suicide.
- CBT for Eating Disorders 2022, focuses on behavioral monitoring, body image concerns, and the development of new skills.
- CBT for Insomnia 2022, helps to identify maladaptive thoughts and behaviors that can lead to persistent insomnia.
- CBT for Prison Gambling 2022, helps individuals assess their prison gambling behavior and to develop the commitment to quit.
- Change Plan 2022, focuses on the goal established by Foundation, participants identified three positive changes they wanted to make during incarceration.
- Circle of Strength 2022, designed specifically for women in Federal Detention Centers or other short-term settings encouraging social support.
- Dyslexia 2022, a learning disorder most commonly caused by difficulty in phonological processing, is the number one cause of illiteracy.
- Disabilities Education Program (DEP) 2022, is designed specifically for inmates living with physical disabilities while in institutions of varying security levels and focuses on reentry concerns.
- Drug Education 2022, encourages participants with a history of drug use to consider the consequences of their drug use
- Embracing Interfaith Cooperation 2022, The goal of this program is to provide an effective strategy for countering religious discrimination and extremism.
- English-as-a-Second Language 2022, English language education study program for non-native speakers
- FAITH-BASED CONFLICT MANAGEMENT (FBCM) PROGRAM, Through active participation in the 10 sessions, 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
- Federal Prison Industries (FPI) Lean Basic Training 2022,
- Franklin Covey’s 7 Habits on the Inside 2022, addresses interpersonal skills impacting relationships.
- Getting to Know Your Healthy Aging Body 2022, discusses changes in organs, physique, and other physiological processes as we age.
- Health and Wellness Throughout the Lifespan 2022, This program addresses the psychological effects of stress and aging.
- Healthy Steps for Older Adults 2022, The goal of the program is to prevent falls, promote health, and ensure that older adults remain independent
- Hooked on Phonics 2022, a program that aids in combating Dyslexia as well as low-level readers – includes a high percentage of familiar patterns that gives the student the opportunity to read for meaning.
- Houses of Healing: A Prisoner’s Guide to Inner Power and Freedom 2022, teaches emotional literacy skills, and the ability to perceive, understand and communicate emotions with self and to others.
- K2 Awareness Program 2022, educate them about the risks of drug use, motivate them to seek drug treatment
- Living a Healthy Life with Chronic Conditions 2022 is designed for older adults impacted by chronic conditions
- Managing Your Diabetes 2022, manage their chronic disease.
- Mindfulness-Based Cognitive Therapy 2022, is a group intervention aimed at preventing relapse in individuals who have a history of depression and anxiety.
- Narcotics Anonymous 2022, reduces the likelihood of future drug use.
- National Diabetes Prevention Program 2022, is a program to assist at-risk and older adults in living healthier lifestyles and increasing physical activity.
- PEER 2022, Personal Education & Enrichment Resources support group is designed for inmates living with cognitive and physical disabilities while in institutions of varying security levels.
- Pu’a Foundation Reentry Program 2022, a trauma-informed care program for female inmates at FDC Honolulu grounded in Hawaiian culture.
- Resilience Support [VETERANS], 2022, provides resilience-building skills to veteran inmates of all uniformed services encouraging peer and social support, emphasizing positive interpersonal relationships, physical and mental wellness, the discovery of life purpose and meaning, self-compassion, and personal growth.
- 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.
- Service Fit [VETERANS], 2022, supports a healthy lifestyle while encouraging social and peer support among participants.
- Sexual Self-Regulation (SSR) 2022, self-management skills to gain effective control over deviant sexual urges and behaviors.
- Soldier On [VETERANS], 2022, for veterans living in varying security levels.
- Square One: Essentials for Women 2022, a basic life skills program for female offenders, who meet the needs of lower functioning women or those who have not lived or worked independently.
- START NOW 2022, to treat offenders with behavioral disorders and associated behavioral problems, includes a gender-responsive program developed specifically for female offenders.
- 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.
- Supported Employment 2022, is designed to carefully match seriously mentally ill (SMI) individuals with competitive job opportunities suitable to their interests and abilities
- Talking with Your Doctor: Guide for Older Adults 2022, how to prepare for a medical appointment, discuss health concerns; identify appropriate assisted living…
- The Barton Reading and Spelling System was designed with adults in mind because it is never too late to significantly improve the reading, spelling, and writing skills of individuals with dyslexia.
- TRANSITION ACCEPTANCE, The program is designed to provide a supportive place for participants to explore the journey they’re on with their gender transition
- Trauma Education 2022, Trauma in Life (for females) and Traumatic Stress and Resilience (for males) – designed to be educational
- THRESHOLD PROGRAM, Faith-based focused on values and life skills: For individuals with less than 24 months, the curriculum is designed for participants who desire to participate from a non-religious perspective.
- Ultra Key 6: The Ultimate Keyboarding Tutor 2022, proper typing technique
- Understanding Your Feelings: Shame and Low Self-Esteem 2022, helps women evaluate the role of shame and low self-esteem in their lives
- Victim Impact: Listen and Learn 2022, A rehabilitative program that puts “victims first.”
- Voices of Consequences Enrichment Series: Unlocking the Prison Doors, (All Female), this program is designed to assist incarcerated women with identifying the need for healing and restoration in their lives. Participants explore the effects their negative choices have had on their lives while learning to identify and implement appropriate coping skills to assist them in making positive choices.
- Wellness Recovery Action Plan 2022, teaches individuals with serious mental illnesses to maintain their recovery through wellness activities
- Women in the 21st Century Workplace 2022, address the workforce and soft skills of women with longer sentences
- Women’s Aging: Aging Well 2022, for incarcerated women ages 45 and up, finding and purpose, physical health, mental and emotional well-being, healthy relationships, and future planning
- WOMEN’S CAREER EXPLORATION SERIES (Female), strategies to help in the workplace. Components include: identifying career paths that align with individual interests, building a professional network, applying for and gaining a job that leads to a career, establishing good work habits, and learning skills for thriving in the workplace.
- WOMEN’S BASIC FINANCIAL LITERACY PROGRAM (Female), This program targets – using a checking account, methods for beginning to save for the future, understanding credit and loans, creating a budget, accessing financial resources, understanding the purpose and use of insurance, and gaining financial independence.
- Women’s Relationships 2022, developing healthy, prosocial relationships with friends, family, and acquaintances.
- Women’s Relationships II 2022, This seven-part gender-responsive and trauma-informed series for women examines the relationships of incarcerated women
- Women’s Reflections Group 2022, targets women who are struggling to make good choices, a safe and comfortable place where they can process problems and emotional concerns they are experiencing and gain the tools needed to work toward solving these problems.
EBRR, Sex Offender Programs:
- Sex Offender Treatment Program Residential, SOTP‐R (2022)– a program for high-risk sex offenders, available during the last 36 months of their sentence. Have a history of: multiple sex crimes, excessive non-sexual criminal history, have a high level of sexual deviancy or hyper-sexuality.
- Sex Offender Treatment Program: Nonresidential, SOTP‐NR (2022) is a program for low to moderate first-time sex offenders with a single history of Internet Sex Crime. Intended to identify offenders who are likely to re-offend.
Psychology Internship Programs are available at Butner N.C.
- Butner’s Commitment and Treatment Program for Sexually Dangerous Persons
- The internship component of the Psychology Service strives to meet the training needs of doctoral candidates in applied psychology through supervised experience, didactic programs, and focused scholarship. The FCC Butner internship integrated a practitioner-scholar model which seeks “the productive interaction of theory and practice in a primarily practice-based approach to inquiry” (Hoshmand and Polinghorne, 1992). A
- FCI-I Butner’s SOTP was recently replaced by the Commitment and Treatment Program (CTP) for Sexually Dangerous Persons (i.e., treatment for civilly committed offenders), which is responsible for the psychological treatment of the inmate, implementation of behavior management plans, and coordination of the multidisciplinary treatment team. Treatment is holistic and multidimensional with the ultimate goal of reducing sexual dangerousness and criminal recidivism potential.
- The Forensic Evaluation Service conducts psychological evaluations and provides documentation pursuant to civil commitment hearings, subsequent progress reviews, and other reports.
- Butner FMC Services-Healthcare in Federal Prison
- Care Level Three inmates (chronically mentally ill persons) who can function adequately on an outpatient basis are housed throughout the complex.
- The Inpatient Forensic program at the FMC accepts inmates at the discretion of the federal courts for various pre-and post-trial forensic evaluations (e.g., competence, sanity, violence risk), for voluntary hospitalization for mental health treatment, or subject to federal quasi-criminal commitment. Staff, including interns (with supervision), provide expert testimony in federal courts throughout the United States when called upon to do so.
- The behavioral Medicine program involves working with inmates who present with psychophysiological disorders, psychological factors affecting their physical conditions, and/or physical conditions that have psychological sequelae. Staff may provide group and individual treatment for psychophysiological disorders, including hypertension, chronic pain, tension and migraine headaches, anxiety disorders, etc., and inmates with terminal or severe diseases, such as cancer, heart disease, and AIDS. Staff also assist in the implementation of the Palliative Care Program for terminally ill patients nearing death.
- The internship component of the Psychology Service strives to meet the training needs of doctoral candidates in applied psychology through supervised experience, didactic programs, and focused scholarship. The FCC Butner internship integrated a practitioner-scholar model which seeks “the productive interaction of theory and practice in a primarily practice-based approach to inquiry” (Hoshmand and Polinghorne, 1992). A
The New Reality of the FSA
If your client is counting on the FSA Programs to expedite their release, while in some prisons they may find themselves successful, while in others,
- While the risk assessment test is available,
- the BOP is stating that prisoners can only earn 10 credits per month for the first year of incarceration – no assessment is provided at the first meeting.
- The programs they need are either not taking in new inmates due to overcrowding, or they’re just closed due to a lack of staff and they now find themselves stuck in a system not knowing why, without any direction.
Still, the BOP eventually will retroactively provide the time-off relief that so many are looking for. 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 sending an email to: BOP-RSD-NRB-FSA@BOP.GOV. Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 353-8248.
It appears that parts of the First Step Act may not yet be 100% up and running uniformly across all BOP (and contracted) facilities since its 2018 creation.