Tag Archives: book policy

Congress, Media Force BOP to Back Down on Book Restriction – Update for May 7, 2018

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues. 

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BOP REVERSES COURSE ON BOOK LIMITATIONS

Next to watching the FBI walk a Bureau of Prisons employee off the premises in handcuffs, there is nothing BOP management hates more than congressional heat. Last week provided a perfect illustration of that basic truth, as the BOP hastily reversed a controversial policy that had was making it harder and more expensive for inmates to receive books by banning direct delivery through the mail from publishers, bookstores and book clubs.

books180507The policy banned books from outside sources, including Amazon and Barnes & Noble. Instead, prisoners would have had to submit a request to purchase books through an ordering system run by the commissary in which they would pay list price, shipping and a 30% markup, and could buy hardcover books only, according to memos distributed in at least three BOP facilities. Under the new protocol, a book Amazon might sell for as little as $11.76, including shipping, could cost more than $26.00.

The book policy has been in effect at USP Atwater since last October, USP Victorville since February, and reportedly at USP Lee as well. But the issue only erupted publicly last month at House oversight hearings on the BOP, where Director Inch had his head handed to him by Congresswoman Karen Bass, who raised the issue of the policy being implemented at USP Coleman and lambasted the Director for adopting a policy that seemingly banned books.

We reported last month that Inch seemed nonplussed, saying he was unaware of the Coleman policy and would look into it. When he suggested Rep. Bass might misunderstand the policy, she shot back, “I hope you follow up with Coleman, because this does not seem to be a misperception, this seems to be a directive.”

At the time, we figured the Coleman warden’s new policy was a frolic that the Central Office might not know anything about, but the fact that the policy has been on a slow-walk rollout at joints in California, Virginia and Florida suggests that Director Inch’s denial of knowledge about the book restriction might be less than candid.

petition180507After the House hearings raised the book restriction issue, The Washington Post followed up, asking the BOP for the identity of the book vendor the BOP would use, the markup and the rationale for the restriction. The Central Office refused to say, but told the Post in an email last Thursday that the BOP had rescinded the memos and will review the policy to “ensure we strike the right balance between maintaining the safety and security of our institutions and inmate access to correspondence and reading materials.”

“You shouldn’t have to be rich to read,” complained Tara Libert, whose D.C.-based Free Minds Book Club has had reading material returned from two California prisons in recent months and has stopped shipping to two others because of the policy.

So the complaints went from inmates to families to congressional representatives to the media, demonstrating that if the issue is right, even the people who seem to have no power can end up making government accountable.

Washington Post, Federal prisons abruptly cancel policy that made it harder, costlier for inmates to get books (May 3, 2018)

In Justice Today, New Federal Prison Policies May Put Books and Email on Ice (Apr. 27, 2018)

– Thomas L. Root

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BOP Director Has a Bad Day on Capitol Hill – Update for April 23, 2018

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues. 

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BOP DIRECTOR SAYS THERE’S NOTHING BETTER COMING ON HALFWAY HOUSE

punchinface180423Talk about violence directed at BOP employees… Director Mark Inch was beaten up pretty well last week when he delivered his largely fact-free report on the BOP to the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, with the chief executive at the BOP Coleman complex likely to have been taking it on the chin as soon as Inch could get out of the hearing room door.

We thought we were the only ones who found Director Inch’s obsequious and bureaucratic delivery tedious, but it became clear during his nearly 2-hour session that the Committee members were a little frustrated at Inch’s habit of turning every answer into a pretzel and coming up short on meaningful data about his agency.

Congressman Jamie Raskin (D-Maryland) asked about the cancellation of 16 halfway house contracts, and demanded Inch square that with the shortage of halfway house bed space nationwide. Congressman Jerrold Nadler (D-New York) cited the prior BOP director’s complaint that it is “scarce and expensive” to put people in halfway house, and demanded that Inch to explain the cancellations in light of the scarcity.

halfway161117In response to a question from Rep. Steve Chabot (R-Ohio) on BOP halfway house plans, Inch said the BOP spent $350 million on halfway house at 230 centers nationwide last year. Of the approximately 44,000 inmates released annually, he said, 80% get halfway house or home confinement placement. Inch said that reentry centers are “mostly important for inmates at the high end” of sentences.

In 2017, Inch said, the BOP overspent for halfway house and exceeded contractual limits on some locations while others were underused. He anticipated the halfway house placement will remain unchanged in 2018. “The challenges I look at – the constellation of our residential reentry centers is two things, is to the extent of how far out it can spread and the cost that is associated with it – our goal this year in 2018, is to have very clear usage figures data against the ascribed budget so I can make very logical budget requests in the future.”

Stripped of bureaucratic–speak, that means nothing is going to change in BOP halfway house placement any time soon.

work180423The representatives, who have been hearing loud complaints from their BOP employee-constituents, also pushed Inch hard on augmentation, the BOP practice of using noncustody people like nurses, teachers and front-office workers in CO positions. Inch assured the Subcommittee that all of the 6,000 BOP positions being eliminated this fiscal years were vacant, and not the reason for augmentation. The director told the Subcommittee that “a lot” of the BOP staffers used for augmentation had started their careers as COs, and thus were well qualified to fill in on custody positions.

Despite union protests and Federal Labor Relations Authority rulings in favor of BOP employees, the Director insisted that augmentation was safe for employees. “You say it’s not a dangerous situation?” Rep. Michael Johnson (R-Louisiana) asked Inch incredulously. “I’ve met with a number of these [BOP] people from my home state of Louisiana, and they’re not comfortable with this situation.”

At one point in the hearing, Inch was blindsided by charges the BOP was banning books, an allegation arising from a policy being adopted by the Coleman, Florida, federal prison complex. The Coleman policy, which goes into effect next week, bans purchase of any books except those bought through the commissary for a 30% surcharge over list.

ban180423Congresswoman Karen Bass (D-California), who apparently believed the policy was a BOP ban on books, asked the Director how he could adopt such a policy. Inch seemed nonplussed, saying he was unaware of the Coleman policy and would look into it. He suggested Rep. Bass’s understanding of the policy might be a misperception, leading her to snap back, “I hope you follow up with Coleman, because this does not seem to be a misperception, this seems to be a directive.”

In point of fact, the Coleman policy is a book ban of sorts, because every inmate book request is filter through a BOP employee, who could simply refuse to honor a request for a book the BOP felt was inappropriate for whatever reason.

We suspect the Coleman warden, who appears to have violated the sacred bureaucratic rule of “don’t make your boss look bad,” got an unpleasant call from the Director about five minutes after the hearing ended.

House Judiciary Committee, Subcommittee on Oversight, Oversight of the Federal Bureau of Prisons (Apr. 17, 2018)

– Thomas L. Root

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