We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
Today, we offer a few short takes from the Federal Bureau of Prisons
BOP Sued: The Public Defender Service for the District of Columbia last week sued the BOP, alleging “unequal and discriminatory treatment” of DC inmates sentenced in the DC Superior Court. In the case, filed as a class action, the plaintiffs contend the BOP scores the criminal histories of DC prisoners more harshly than the criminal histories of federal prisoners.
Since the 1997 federalization of DC’s criminal system, DC felony offenders have been placed in BOP custody to serve their sentences at federal prisons all over the country. As a result of the BOP’s criminal history scoring practices, the plaintiffs say, DC prisoners are held in higher security, have fewer programming opportunities, and are less likely to get home confinement or compassionate release.
Blades v. Garland, Case No 22-cv-00279 (D.D.C., filed February 3, 2022)
BOP Panel Recommends Sex Reassignment Surgery: The BOP Transgender Executive Council (TEC) last week recommended that a 47-year-transgender female receive sex reassignment surgery, according to documents filed a week ago in the U.S. District Court for the Southern District of Illinois.
“Assuming she does not engage in behavior that would prevent her from continued placement in a female facility and assuming further that no other reasons develop that would make gender confirmation surgery inappropriate,” the filing noted, “the TEC does expect plaintiff to be referred to a surgeon at the appropriate time.”
The referral will come after the inmate is transferred to a new facility in March.
The Hill, US Bureau of Prisons recommends inmate receive historic gender-affirming surgery (February 3, 2022)
Fight Lockdown of BOP Lifted: The BOP announced Monday that it was ending the nationwide lockdown of its facilities, gradually easing the restrictions at sites where officials determined there was no longer a threat.
The week before, BOP employees received a notice that “effective January 31, 2022, the Federal Bureau of Prisons was placed on a National Lock-Down [sic]. The lock-down was initiated out of an abundance of caution due to current events which occurred at another facility. This order is to ensure the safety and security of all staff and inmates.”
The New York Times said, “Officials worried that the deadly fight would set off violence at other facilities, according to a person briefed on the bureau’s decision, who spoke on the condition of anonymity to discuss a continuing investigation.”
The Washington Post reported that lockdown was a “dramatic step [that] sparked some anger among inmates and their relatives, who felt it was overly broad.”
BOP Director Michael Carvajal told the House Subcommittee on Feb. 3, “We needed to find out what’s going on. I won’t get into specific operational things, but the groups involved, there’s approximately 2,500 in our custody spread throughout the agency. We need to make sure that we separate them and secure them. I’m hoping that the lockdown will be short-lived. We do not like keeping inmates again in their cells and we will do our best to get them out.”
The Times noted that “the violence was… in keeping with troubles that have long plagued the Bureau of Prisons. This year alone, the bureau has announced four inmate deaths and three escapes, as it continues to struggle with staff shortages, health issues stemming from Covid-19, violence, mismanagement and employee misconduct.”
Washington Post, Bureau of Prisons starts to lift nationwide lockdown (February 7, 2022)
Forbes, Federal Bureau Of Prisons On National Lockdown After Deadly Fights at USP Beaumont (February 2, 2022)
The New York Times, Fatal Gang Fight Spurs Nationwide Lockdown of Federal Prison System (January 31, 2022)
– Thomas L. Root