Tag Archives: BOP

BOP Hiring Woes Continue – Update for May 15, 2025

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

BOP TOLD TO DO MORE WITH LESS

hiringfreezeB250515The Trump administration is halting some hiring at the Bureau of Prisons despite chronic understaffing has led to long overtime shifts, augmentation by nurses, teachers, cooks and other workers as corrections officers, lockdowns and loss of programs.

Shane Fausey, former National President of the Council of Prison Locals, told the Senate Judiciary Committee in 2022 that staffing at BOP fell from 43,369 employees in January 2016 to 35,000 employees in September 2022. Currently, the BOP reports having 35,925 employees.

The Bureau of Prisons will maintain current staffing levels at least through September 30, Marshall wrote in an email to staff entitled “Staffing and Hiring Decisions.”

Meanwhile, Representatives Glenn Grothman (R-WI) and Elise Stefanik (R-NY) reintroduced the BOP Direct-Hire Authority Act, legislation intended to alleviate BOP staffing shortages by circumventing Office of Personnel Management procedures that can prolong the onboarding process for new hires to over six months.

understaffed220929“One of the main hurdles in President Trump’s effort to reopen Alcatraz will be the ability to quickly hire Correctional Officers,” Grothman said in a press release. “That is why Congress needs to quickly pass this legislation to help the federal prison system which has been understaffed and overwhelmed for years.”

A prior version of the bill was introduced last December as H.R. 6628 but died when the 118th Congress expired at the end of 2024.

Stefanik is chair of the House Republican Leadership Committee.

Associated Press, Cash-strapped Bureau of Prisons freezes some hiring to ‘avoid more extreme measures,’ director says (May 8, 2025)

The Sun, Stefanik supports reintroduction of BOP Direct-Hire Authority Act (May 14, 2025)

– Thomas L. Root

Escape From Alcatraz Fixation – Update for May 8, 2025

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

The Federal Bureau of Prisons is an agency with too little money, a $3 billion backlog of infrastructure repair needs, 4,000 fewer employees than needed, 143,000-plus prisoners in BOP facilities, and utterly chaotic management.

So what does the agency need more than anything right now? How about a mandate to rehab a prison with a 300-inmate capacity that was shut down for being too costly some 62 years ago.

intentions250508What a great idea! What could possibly go wrong?

In what the Associated Press called “a stunning directive from President Donald Trump,” the BOP was told in a Truth Social tweet last Sunday night to “REBUILD, AND OPEN ALCATRAZ!” — the legendary federal penitentiary that still stands on an island in San Francisco 62 years after it last imprisoned an inmate.

“Even as the Bureau of Prisons struggles with short staffing, chronic violence and crumbling infrastructure at its current facilities,” AP reported on Monday, “Trump is counting on the agency to fulfill his vision of rebooting the infamously inescapable prison known in movies and pop culture as ‘The Rock.’”

Alcatraz, the island located off the coast of San Francisco, was closed as a prison in 1963 and has since been turned into a museum run by the National Park Service, a tourist attraction generating about $6 million in revenue annually. The BOP closed the prison after determining that an estimated $3-5 million was needed just for restoration and maintenance work to keep the facility open. That’s $31-52 million in 2025 dollars, and that doesn’t account for deterioration over the past 62 years since closure.

The number also did not include daily operating costs. The BOP says Alcatraz was nearly three times more expensive to operate than other prisons. In 1962, BOP Director James Bennett said it was not an “economically sound policy” to invest millions of dollars to rehab Alcatraz. Housing an inmate in Alcatraz costs more than three times what it costs in Atlanta.

alcatraz250508On its website, the BOP says: “The major expense was caused by the physical isolation of the island – the exact reason islands have been used as prisons throughout history. This isolation meant that everything (food, supplies, water, fuel…) had to be brought to Alcatraz by boat. For example, the island had no source of fresh water, so nearly one million gallons of water had to be barged to the island each week.” Add to that staff costs: in San Francisco, federal pay would be adjusted for the sky-high cost of living in the Bay Area, which ranks 7th out of 9,294 metro areas on earth.

The BOP already has a “supermax” facility, ADMAX Florence, holding 354 inmates and 13 penitentiaries that together imprison over 17,200 high-security inmates. Alcatraz never even held its capacity of 336 inmates. 

At no time has the BOP argued it needs more high-security or ADMAX beds. In fact, the BOP’s sole new facility in the planning stages is a new medium-security prison in Letcher County, Kentucky.

None of the economics or agency needs analysis matters to President Trump. Rather, his idea to reopen Alcatraz is a reflection of his political instincts and personal tastes, even as it is a long shot to come to fruition.

Trump’s suggestion that Alcatraz could once again be a penitentiary for hardened criminals highlights both his efforts to project a tough-on-crime image and his fondness for cultural symbols of past generations:

violent160620For too long, America has been plagued by vicious, violent, and repeat Criminal Offenders, the dregs of society, who will never contribute anything other than Misery and Suffering,” Trump wrote on Truth Social. “When we were a more serious Nation, in times past, we did not hesitate to lock up the most dangerous criminals, and keep them far away from anyone they could harm. That’s the way it’s supposed to be.”

Trump’s nostalgia may be misplaced. He was recalling a time (1961) when the nation was incarcerating 119 people per 100,000 population. By last year, the state and federal government were locking up almost five times that number, 531 people per 100,000 population, the 6th highest rate in the world.

The facts are irrelevant. What matters is that Trump thinks Alcatraz is symbolic, that “it represents something. Right now, it’s a big hulk that’s sitting there rusting and rotting,” he told reporters. “It sort of represents something that’s both horrible and beautiful, and strong and miserable. Weak. It’s got a lot of qualities that are interesting.”

When Trump was asked what inspired him to reopen Alcatraz, he said, “Well, I guess I was supposed to be a moviemaker.”

Newly minted BOP Director William K. Marshall III promptly issued a statement enthusiastically supporting Trump’s call. He promised that the BOP “will vigorously pursue all avenues to support and implement the President’s agenda.

“I have ordered an immediate assessment to determine our needs and the next steps,” Marshall said in the statement. “USP Alcatraz has a rich history. We look forward to restoring this powerful symbol of law, order, and justice.”

williammarshall250508Good luck with that, Bill. The BOP needs $3 billion for infrastructure repair. It asked Congress for $260 million for Fiscal Year 2025. It got $179 million. Of the $3 billion needed to repair existing BOP facilities, Walter Pavlo wrote in Forbes last fall, “Spending at these levels is simply not going to happen.”

Earlier this year, BOP issued a memorandum to senior leaders that it had to take on more than $400 million in new expenses — due to a government-wide 5.2% pay increase for employees and inflation — without receiving any additional funding to cover it. While the agency said it should prioritize hiring, a corrections officer and union representative told Government Executive in October that workers “are leaving in droves” and “running from this agency” because of job strain.

Six weeks ago, the BOP cut all retention bonuses, meant to stop the loss of staff, especially correctional officers.

It doesn’t much matter what Billy says the BOP will “vigorously pursue.” The BOP is a NASCAR driver punching the accelerator on a car that’s out of gas.

Corene Kendrick, ACLU National Prison Project deputy director, dismissed Trump’s Alcatraz statement as a “stunt.” She told the Guardian, “I don’t know if we can call it a ‘proposal’, because that implies actual thought was put into it. It’s completely far-fetched and preposterous, and it would be impossible to reopen those ancient, crumbling buildings as anything resembling a functioning prison.”

policestate190603The Los Angeles Times warned that “it’s easy, as many quickly did, to write off this push to spruce up and fill up America’s most notorious prison-turned-national park as just bloviating or distraction. But like the sharks that circle that island in the Bay, the real danger of the idea lurks beneath the surface… Trump in recent weeks has moved to undo years of criminal justice reform. He is making changes that increase police power, signaling a push to refill federal prisons and detention centers with Black and brown people and curbing the ability of those impacted to seek redress in courts.”

The Times argued that reopening Alcatraz as a prison “is nostalgia for an America where power ran roughshod over true justice, and police were an authority not to be questioned — or restrained.”

Associated Press, The federal Bureau of Prisons has lots of problems. Reopening Alcatraz is now one of them (May 6, 2025)

The Hill, Trump’s call to reopen Alcatraz faces ‘daunting’ challenges (May 5, 2025)

NBC News, Trump’s call to reopen Alcatraz as a prison could be stymied by roadblocks (May 5, 2025)

The Guardian, Not just Alcatraz: the notorious US prisons Trump is already reopening (May 6, 2025)

BOP, The Rock

Forbes, The Bureau Of Prisons Under A Trump Administration (November 7, 2025)

Los Angeles Times, The real threat behind reopening Alcatraz (May 5, 2025)

– Thomas L. Root

They’re Just Inmates Once Again, Billy Says – Update for May 6, 2025

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

LUCKY 13?

William K. Marshall III has been sworn in as the 13th BOP Director, the agency reported last week.

unlucky13250506The number ‘13’ is traditionally seen as unlucky. Superstition or not, Marshall will need a large dose of good fortune to right the BOP, let alone to avoid the fate of the prior three directors, who were fired or quit under pressure.

Putting first things first, Billy made the bold move of ordering that inmates no longer be called “Adults in Custody,” the kinder, gentler term ushered in by the last director, Colette Peters. Walter Pavlo reported on LinkedIn that one of Billy’ first last week was rolled out in an internal email telling staff that “effective immediately BOP will no longer adhere to Adult in Custody (AIC / AICs). Please ensure as of Monday, April 28, 2025, all BOP templates, memos, etc. reflect the usage of inmate(s).”

On his plate right after that may be a BOP corrections officer who was indicted last week in the Eastern District of Pennsylvania US District Court for allegedly sexually abusing an FDC Philadelphia adult-in-custody – oops, an inmate – by using force. The US Attorney’s Office said the inmate was injured during the incident, which occurred last July.

Ironically, last week the Senate passed the Prison Staff Safety Enhancement Act (S.307), sponsored by Sen Marsha Blackburn (R-TN) and Sen Jon Ossoff (D-GA), to address inmate sexual harassment and sexual assault of BOP staff. The bill, intended to build on the DOJ Inspector General’s 2023 report about inmate-on-staff sexual harassment, now goes to the House of Representatives.

The same bill passed the Senate late last year but died when Congress ended without the House acting on it.

The law that would provide additional protections to federal inmates, the Federal Prison Oversight Act, became law last summer, “but it hasn’t gone into practical effect yet, due in part to funding issues,” Washington Stand reported last week.

morale250225Marshall’s most immediate problem is perhaps the most insoluble. The BOP’s struggles with severe staffing shortages that are chronic and well documented, yet the Trump Dept of Government Efficiency just eliminated BOP employee retention bonuses, created in 2021 to keep prisons open. Trump’s Executive Order stripping BOP employees of collective bargaining rights, handed down a month ago, exacerbated the crisis, which is now “a self-fueling monster [with] low staffing levels cause mandatory overtime, stressful conditions, burnout, and, unsurprisingly, high rates of turnover,” the Hill said last week.

Billy has inherited a tinderbox. Pleasing his bosses while keeping it from igniting will require skill and more luck than his predecessors have had in the last seven years.

BOP, Deputy AG Blanche Swears in William K. Marshall III (April 28, 2025)

Cherry Hill Courier-Post, Cherry Hill corrections officer accused of sexual abuse at Federal Detention Center (May 2, 2025)

Prison Staff Safety Enhancement Act (S.307)

DOJ Inspector General, Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff (Feb 23, 2023)

Federal Prison Oversight Act, PubL 118-71, 138 Stat 1492 (July 25, 2024)

Washington Stand, Trump’s First Step Act Was a Monumental Success. His New Administration Has a Chance to Build On It. (May 1, 2025)

The Hill, Prison understaffing: A crisis seen by few, felt by prisoners and prison employees (April 26, 2025)

– Thomas L. Root

Notifying Next-of-Kin Bill Introduced – Update for April 25, 2025

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

BILL INTRODUCED REQUIRING BOP TO TELL YOUR FAMILY PROMPTLY THAT YOU’RE DEAD

badnews250425Senators Jon Ossoff (D–GA) and John Kennedy (R–LA) have reintroduced legislation that would require the Dept of Justice to issue guidance to the Federal Bureau of Prisons for promptly notifying families when federal prisoners become seriously ill, suffer life-threatening injuries, or die, as a “basic human dignity of incarcerated people, a concept rooted in the Eighth Amendment and Due Process Clause of the 14th Amendment…”

“Too often, the families of those incarcerated never find out about a serious illness, a life-threatening injury, or even the death of a loved one behind bars,” Ossoff said in a press release.

The Senate bill is S.1322. A companion House bill (H.R. 2718) has been introduced by Representatives Sydney Kamlager-Dove (D–CA), John Rutherford (R–FL), Barry Moore (R–AL), and Glenn Ivey (D–MD).

Ossoff and others introduced the same bill in the last Congress without success. The latest pieces of legislation, unlike earlier effort, have bipartisan sponsorship.

tears201022The BOP stated that its policy is to notify next-of-kin when a prisoner dies. However, Reason has reported that families have “described delays in being notified that their incarcerated loved one had been hospitalized, or even died; having their phone calls ignored; not being allowed to see their loved one in their final moments; delays in being sent the body and death certificate; being given inaccurate or incomplete information about the manner of death; or waiting months and years for the Bureau to fulfill their public records requests for more information about how their loved one died.”

Anecdote supports Reason’s report.  Just ask the Sisk family or the Bardells.  Whether either chamber of Congress cares enough to pass such common-sense and merciful measures in the 2025-2026 session remains to be seen.

H.R. 2718, Family Notification of Death, Injury, or Illness in Custody Act of 2025

S. 1322, Family Notification of Death, Injury, or Illness in Custody Act of 2025

Reason, Bill Would Require Federal Prisons To Notify Families of Serious Illness and Death (April 10, 2025)

– Thomas L. Root

More BOP Officers Being Poisoned by Drug Smuggling – Update for April 22, 2025

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

BOP STAFF FALL ILL FROM SUSPECTED MAILROOM DRUGS

BOP staff poisonings continue at an alarming pace.

Last week, 15 federal BOP employees at FCI Thomson were hospitalized after suspected exposure to illegal drugs in the prison mail room, requiring emergency Narcan administration. This incident followed another suspected exposure the prior week of 10 BOP staffers at FCC Victorville.

Spice_drugThis follows a death last summer of Marc Fisher,  BOP mailroom supervisor at USP Atwater (California), after what authorities have described as exposure to a drug-impregnated document sent as “legal mail” to an inmate in the facility. The headlines at the time were sensational, alleging that he may have succumbed to fentanyl.  However, the drug tests showed that the drugs on the document were MDMB-4en-PINACA – known as “spice” – rather than fentanyl.

The Government disclosed in February that “[t]he autopsy report indicates that the correctional officer died of natural causes from a heart attack. According to the autopsy report, ‘the circumstances of death suggest external influences, at least fear in the setting of an apparently criminal act (mailing illicit substances to an inmate). However, there is no evidence that MDMB-4en-PINACA entered his blood stream.”

The fact that Mr. Fisher was not killed directly by the illegal drugs is scant comfort to BOP employees. Kendall Bowles, president of AFGE Local 3969 (representing 650 BOP employees at Victorville), said in a press release, “The Bureau’s leadership continues to force us to process contaminated materials with inadequate protection, showing complete disregard for officer safety.”

Making matters worse, Bowles said, is what he claims is the BOP’s attempts to hide these incidents from union officials. “Under a controversial Executive Order carried over from the Trump Administration, they didn’t even notify me when staff were rushed to the hospital and they failed to issue a press release. Their secrecy speaks volumes about their priorities.”

trumpfriend250408Compounding this crisis, according to Jon Zumkehr, President of AFGE Local 4070 (representing Thomson employees), is the recent White House executive order stripping BOP staff of collective bargaining rights. “This Executive Order is having a devastating impact on our officers,” Zumkher said. “They feel completely unprotected, unsupported, and they’re watching their friends and colleagues being carried out of BOP facilities after being revived with Narcan. We need help.”

EIN Presswire, Fifteen Thomson Federal Prison Staff Members Exposed and Hospitalized (April 16, 2025)

WTTV, FCC Victorville Prison Law Enforcement Officers Hospitalized After Drug Exposure (April 13, 2025)

Executive Order, Exclusions From Federal Labor-Management Relations Programs (March 27, 2025)

– Thomas L. Root

Is Trump’s Plan to Deport American Federal Prisoners Legal? – Update for April 21, 2025

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

ILLEGAL IMMIGRANTS SENT TO EL SALVADOR – ARE AMERICAN PRISONERS GOING NEXT?

CETMO250422While meeting with Salvadoran President Nayib Bukele in the Oval Office last week, President Trump said what he was thinking: “Homegrowns are next. The homegrowns. You gotta build about five more places [like El Salvador’s terrorist prison, CECOT]. It’s not big enough. We always have to obey the laws, but we also have homegrown criminals that push people into subways, that hit elderly ladies on the back of the head with a baseball bat when they’re not looking, that are absolute monsters.”

“Yeah, we’ve got space,” Bukele responded.

Administration officials chuckled in the background. “I’m talking about violent people,” Trump had said a few minutes earlier. “I’m talking about really bad people.” Obviously, the only “really bad people” he could send – the only people over whom he could obtain custody to deport – are federal prisoners.

Attorney General Pam Bondi is reportedly considering legal mechanisms by which Trump could send American citizens to CECOT.

“It is pretty obviously illegal and unconstitutional,” Ilya Somin, a professor at George Mason University Law School, told NBC News.

americansflee250422Emma Winger, a lawyer at the nonprofit advocacy group American Immigration Council, said last week that the law that imbues the government with authority to deport people does not apply to US citizens. In fact, the British policy of removing people it alleged to be criminal from the colonies to be put on trial elsewhere was one of the grievances that led to the Revolutionary War 250 years ago.

“I can’t see how exiling someone is permissible as part of the bundle of rights that are fundamental to citizenship,” Anthony Kreis, a professor at Georgia State University College of Law, told NBC. “doubly so if the effort to house American citizens overseas means turning a person over to a foreign authority,” he added.

“The U.S. government has already deported someone to this prison illegally and claimed no recourse to get them back, so the courts must shut down this unconstitutional train wreck before U.S. citizens are unlawfully caught up in it,” David Bier, an immigration expert at the libertarian Cato Institute, told NBC News.

Very early on Saturday morning, the Supreme Court issued an extraordinary order even as more immigrant detainees were being bussed to waiting aircraft for a flight to a Salvadorean prison, directing the Government in terse language “not to remove any member of the putative class of detainees from the United States until further order of this Court.” This came after a government lawyer told a lower court that while no flights were planned for Good Friday, he couldn’t make any assurances about the weekend. NBC News later aired video of immigrants loaded on buses headed for a flight to El Salvador at o-dark-thirty on Saturday morning, providing ICE with a fig leaf (in that the departure did not happen on Friday, as the lower court had been assured).

In other Administration criminal justice news, 21 federal prisoners whose death sentences were commuted to life without parole by President Biden filed a lawsuit last Wednesday arguing that a Trump executive order that they be imprisoned in harsh conditions “consistent with the monstrosity of their crimes and the threats they pose” violates the 8th Amendment.

douglassdeathbondage250107In a complaint filed in U.S. District Court for the District of Columbia, the prisoners said that as a result of Trump’s order, “in defiance of the controlling statutes, regulations, and policies governing the BOP redesignation process,” Attorney General Pam Bondi “ordered BOP staff to engage in a new sham process that categorically predetermined that all Plaintiffs—regardless of what the statutory BOP redesignation process had determined—will be incarcerated indefinitely in the most oppressive conditions in the entire federal prison system…”

The President likes that “hopeless bondage” stuff.

Would Trump try to contract federal prisoners to overseas prisons? He has stated that he would like to. Would he try it? Judge for yourself from the Administration’s handling of the El Salvador deportations and deliberate attempts to make life imprisonment for former death-row prisoners especially punitive.

Reason, Homegrowns Are Next (April 15, 2025)

NBC News, ‘Obviously illegal’: Experts pan Trump’s plan to deport ‘homegrown criminals’ (April 14, 2025)

Slate, Alito’s Emergency Deportation Dissent Misrepresents the Most Crucial Fact in the Case (April 21, 2025)

Washington Post, They were on federal death row. Now they may go to a supermax prison. (April 18, 2025)

Complaint (ECF 1), Taylor v. Trump, Case No. 1:25-cv-01161 (USDC District of Columbia, April 16, 2025)

– Thomas L. Root

New BOP Sheriff In Town – Update for April 18, 2025

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

TRUMP APPOINTS NEW BOP DIRECTOR

lawandorder161219The Federal Bureau of Prisons has been rudderless since January 20th, when then-director Colette Peters was unceremoniously shown the door by the incoming Trump Administration. Last week, Trump announced that he was appointing William “Billy” Marshall III, commissioner of the West Virginia Division of Corrections and Rehabilitation, as the latest BOP Director.

Trump said on social media that “Billy is a Strong Advocate for LAW AND ORDER. He understands the struggles of our prisons better than anyone, and will help fix our broken Criminal Justice System. Congratulations Billy, you will inspire us all!”

Marshall, a Marshall University and the West Virginia State Police Academy graduate, served 25 years with WVSP before retiring in 2017. He then served as the Criminal Investigation Director for the state Dept of Military Affairs and Public Safety. He became head of the state prison system in 2023.

lawandorderb161219Walter Pavlo wrote in Forbes that Marshall is “someone who is going to be tough on crime. However, he is going to head an organization that is substantially larger than the approximately 6,000 state prisoners in West Virginia… There are federal prison compounds that hold more inmates than all of the state of West Virginia.” Nearly 9,000 federal prisoners are held in BOP facilities located in West Virginia.

“WV regional jails have come under scrutiny for squalid conditions, excessive use of force and record numbers of deaths,” the Los Angeles Times reported. “They were the target of several civil rights suits, including one filed in 2022 that alleged the jail had broken toilets infested with maggots, 70 people sharing a single shower, and people being forced to sleep on ‘cold, wet floors in the winter without heat’.”

Marshall accused inmates of “ma[king] up claims of inhumane treatment and [telling] relatives to spread them,” television station WCHS reported in 2023.

excessiveforce250418Lydia Milnes, an attorney who has sued the WV DCR several times, told the Times, “I’m concerned that he comes from a past where the culture is to use force to gain control as opposed to considering less violent alternatives. He has continued to foster a culture of using excessive force.”

A separate suit, which the corrections department settled in 2022, alleged widespread failures of the jails’ medical and mental health care.

Forbes, Trump Announces New Director of the Bureau of Prisons (April 11, 2025)

Los Angeles Times, Trump’s new director of federal prison system led a troubled state agency (April 12, 2025)

– Thomas L. Root

1st Amendment Bites BOP – Update for April 17, 2025

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

DC COURT RULES PRISON REFORM ADVOCATE CAN SUE BOP OVER EMAIL BLOCK

Prison reform advocate Pamela Bailey and her More Than Our Crimes foundation may proceed with her claim that a Bureau of Prisons Trulincs email block on her communications with prisoners violates her 1st Amendment rights.

1stAmendment250306U.S. District Judge Paul L. Friedman granted the BOP’s motion to dismiss 1st Amendment retaliation claims but said Bailey could go forward with her claims on violation of her 1st Amendment free speech and 5th Amendment due process rights.

Bailey sued last April, claiming that seven BOP facilities – FCI Ray Brook, USP Big Sandy, FCI Hazelton, USP Marion, FCI Pekin, FCI Florence and USP Beaumont – blocked her messaging access beginning in 2022. The only reason ever given to her was that some inmates had added her to their approved list of contacts without her full, correct name being stated.

The government has since argued that Bailey was helping inmates pass messages on to other inmates. Unimpressed with this argument, Judge Friedman last June granted a preliminary injunction, ordering “that the BOP restore Ms. Bailey’s TRULINCS access” at the seven facilities.

freespeech221213“In order to ensure that Ms. Bailey’s TRULINCS access is not unconstitutionally blocked during the pendency of this suit,” Judge Friedman wrote, “the Court will also prohibit the BOP from blocking Ms. Bailey’s TRULINCS communication with inmates at those facilities, absent a specific, factual determination of misconduct by Ms. Bailey or the inmate that is timely communicated Ms. Bailey in writing.”

More than Our Crimes states on its website that it “amplifies the voices of the nearly 200,000 Americans in federal prison — many of them people of color. While they were once convicted of serious crimes, our members are ready for a second chance to live freely and contribute to their families and society. Meanwhile, we advocate for a humane prison environment that is centered on rehabilitation.”

Opinion (ECF 28), Bailey v. Federal Bureau of Prisons, Case No. 1:24-cv-1219 (D.D.C., Apr 11, 2025)

Opinion (ECF 18), Bailey v. Federal Bureau of Prisons, Case No. 1:24-cv-1219, 2024 U.S. Dist. LEXIS 114113 (D.D.C., June 28, 2024)

More Than Our Crimes.org

– Thomas L. Root

Second Chance for Second Chance – Update for April 14, 2025

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

BUREAU OF PRISONS REVERSES COURSE ON HALFWAY HOUSE

Last Thursday, the Bureau of Prisons hastily walked back its March 31st memo limiting Second Chance Act halfway house placement—which under 18 USC 3624 can be up to 12 months—to only 60 days (with RDAP placement limited to 125 days).

badidea161003The BOP tersely announced in a press release that “[b]ased on concerns about how these limitations impact the population, BOP will not proceed with the planned changes to limit SCA placement to 60 days. A new memo was issued today, April 10, 2025, rescinding the previous guidance.”

The memo is not yet publicly available.

In its March 31st memorandum, the BOP cited budget constraints for the limitation and stated that prisoners “releasing to the community under Second Chance Act (SCA) authority after April 21, 2025, will have their dates adjusted and reduced to a maximum of 60 days.”

Writing in Forbes, Walter Pavlo said that the reversal resulted from an “uproar” from inmates, their families, advocates, and civil rights attorneys. The reversal coincides with a BOP warning of a renewed scam where people impersonating BOP employees were shaking down families for money to secure quicker halfway house placement for loved ones.

pooremptypockets231017Pavlo says that “the BOP is going to be honoring the earlier dates given to prisoners to start their halfway house placement.” This may be, but the financial pressures on the agency that resulted in the March 31st restriction remain unchanged. Without the text of the new memo available, whether the good old days are back remains unclear.

BOP, Second Chance Act (SCA) Placements – Previous Guidance Rescinded (April 10, 2025)

Forbes, Bureau of Prisons Rescinds Controversial Limits On Halfway House (April 10, 2025)

– Thomas L. Root

Trump Wants You Out of Here – Update for April 8, 2025

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

PRESIDENT TRUMP, THE PRISONER’S FRIEND

I get appreciative mail from admirers of my blog all the time. This one from a grateful prisoner came in last week. (Note: Whatever else my correspondent might be serving time for, it probably isn’t for being an English teacher):

I am rally getting sick of you woke shit.Trump trump Please tell me why you did not E-Mail us abought Biden pardoned Adam Shift who made up a Russian Coulson and played that shit on the hole country for 4 years. Your Nothing but a Dim Hack stop tooting waters and stick legal cases.

Today’s post probably will not raise this “Dim Hack[‘s]” stock with my grateful reader much, because I am failing to mention Joe Biden at all while I am “tooting waters” (whatever that means).

trumpfriend250408But the evidence is the evidence: Mr. Federal Prisoner, Donald Trump is not your friend.

You might think that President Trump would have a little more appreciation for how easy it is to become a felon in this country after his bumpy ride over the past four years. After all, he himself is still a felon – with 34 counts from which he cannot pardon himself – in New York State.

Trump claims he was wrongly accused and wrongly convicted. The appeals process is not over, so he may be right. Surely, a lot of people in federal prison feel the same way about their convictions, and you’d think the Prez might feel a little kinship with them.

But President Trump, it seems, has learned little from his four years in the criminal law desert. While he has no problem pardoning his sycophants and fellow travelers who racked up felonies while trashing the Capitol and assaulting cops in his name, he appears to remain contemptuous of people whose crimes of conviction may not have been committed in service to his glory.

Trump told reporters last Sunday that he would “love” to send federal inmates to the Terrorism Confinement Center (CECOT), El Salvador’s notorious mega-prison, but he first has to check with his legal people on whether he is allowed to.

CECOT250408While on Air Force One while en route back to Washington from Mar-a-Lago, Trump was asked whether he plans to pursue El Salvador President Nayib Bukele’s offer to house American prisoners. “Well, I love that,” Trump said. “If we could take some of our 20-time wise guys that push people into subways and that hit people over the back of the head and that purposely run people over in cars — if he would take them, I would be honored to give them.”

“I don’t know what the law says on that, but I can’t imagine the law would say anything different,” he said. “If they can house these horrible criminals for a lot less money than it costs us, I’m all for it, but I would only do according to the law.”

Imprison federal prisoners for “less money than it costs us.” That doesn’t sound like a President who wants to adequately fund the BOP for infrastructure repairs, full staffing, FSA programming, and halfway houses, now, does it?

Trump has already invoked the Alien Enemies Act of 1798, intended to detain and deport noncitizens during wartime, to expel 238 Venezuelan migrants to El Salvador, where they are being held in CECOT.

Bukele said in February that he had offered the United States “the opportunity to outsource part of its prison system. We are willing to take in only convicted criminals (including convicted U.S. citizens) into our mega-prison… in exchange for a fee,” he wrote in a post on the X formerly known as Twitter.

sonice250408While touring CECOT in February, Secretary of State Marco Rubio praised Bukele’s offer to house federal prisoners, calling it “an extraordinary gesture never before extended by any country.”

It would be flatly unlawful to send federal prisoners, whether citizens or not, to a foreign prison. Under 18 USC § 3621, anyone sentenced to prison for a federal crime “shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624.” While noncitizens can be transferred to their home country under the treaty transfer program, 18 USC § 4107 requires that the prisoner consent to the transfer.

Newsweek, Donald Trump Says He Loves Idea of Sending Americans to El Salvador Prison (April 7, 2025)

The Hill, Trump on possibility of sending American inmates to El Salvador prison: ‘I love that’ (April 7, 2025)

USA Today, Trump on sending American prisoners to El Salvadorian prisons: ‘I love that’ (April 7, 2025)

– Thomas L. Root