Tag Archives: BOP staffing

Faking Suicide To Get Healthcare And Other BOP Tales of Horror – Update for May 23, 2024

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

FCI SHERIDAN IS POSTER CHILD FOR BOP DYSFUNCTION

IG230518The Department of Justice Inspector General released a report yesterday that found “serious operational deficiencies,” including “alarming staffing shortages” at the Bureau of Prisons facility in Sheridan, Oregon.

One might say that BOP dysfunction is trending.

FCI Sheridan, a medium-security men’s prison with an adjacent detention center and prison camp, was Inspector General Michael Horowitz’s third unannounced prison inspection since the IG began the program at FCI Waseca (a women’s facility) last May. That report was followed by last November’s findings on a surprise inspection at FCI Tallahassee, another women’s facility. Now, after inspecting two female facilities, the IG has focused on the other 92% of inmates, the men.

IG Horowitz is taking Jan and Dean to heart: Two girls for every boy.

The dominant theme of the Sheridan report is staffing shortages and the effect the problem has on healthcare. providing a glimpse into the depth of inmates’ frustrated enterprise:

For example, we found that, just prior to our inspection, an inmate feigned a suicide attempt in order to receive medical attention for an untreated ingrown hair that had become infected. When finally examined after the feigned suicide attempt, he required hospitalization for 5 days to treat the infection.

gottaso240523No doubt the prisoner was punished for his desperate caper, but only he got out of the hospital. The BOP is unlikely to have acknowledged that it shared any responsibility for turning the simple ingrown hair removal into a $50,000+ medical expense. The inmate was right: you gotta do what you gotta do, and that includes doing what it takes to get urgent healthcare from an overtaxed and uncaring bureaucracy.

The Sheridan findings are plenty harrowing, even without the illustration of the faked suicide attempt. The IG summarized them as:

Healthcare Worker Shortages: Because of short staffing in the Health Services Department, a backlog existed of 725 lab orders for blood draws or urine collection and 274 pending x-ray orders at the time of the inspection. “These backlogs cause medical conditions to go undiagnosed and leave providers unable to appropriately treat their patients,” the report said.

High Correctional Officer Vacancy Rate: A shortage of correctional officers meant that “inmates must routinely be confined to their cells during daytime hours and are therefore often unable to participate in programs and recreational activities.” What’s more, the shortage meant that “FCI Sheridan did not always have available Correctional Officers to escort inmates to external medical providers.”

Psychology Services and Education Department Staffing Shortages: “[S]erious shortages among drug treatment program employees prevented the institution from offering its Residential Drug Treatment Program (RDAP) to inmates… We also found long waitlists, some exceeding over 500 names, for other trauma-related mental health, anger management, and work skills classes.”

Sexual Misconduct Reporting: FCI Sheridan did not centrally track the number of all allegations of inmate-on-inmate sexual misconduct reported to employees. The failure “undermines the ability of… the BOP to collect data consistent with Prison Rape Elimination Act (PREA) standards that would allow them to assess and improve the effectiveness of sexual misconduct prevention efforts.”

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NPR reported that the staffing shortages “are among the biggest obstacles facing the federal prison system, according to this report, and contribute to other challenges at Sheridan and the more than 120 facilities like it.” Horowitz told NPR that “[i]t’s a problem that is at least 20 years in the making. It’s not going to get fixed overnight. But what these inspections show us how serious the problem has now become.” Horowitz said. “It is deeply concerning when you go to a facility like Sheridan and you hear from the staff, correctional officers, health care workers, educators, that they can’t do the jobs that they’re there to do and they want to do.”

After this third IG inspection, a trend is developing:

• Both the Tallahassee and the Sheridan inspections found “serious operational deficiencies” and “alarming” problems. At FCI Tallahassee, the alarming conditions were with the facility’s execrable food service. At Sheridan, staff shortages were “alarming.” The IG is able to be frugal, reusing the same descriptors for multiple prisons.

• All three inspections included the same disclaimer: “We did not make recommendations in this report because in our prior work we have recommended that the BOP address many of these issues at an enterprise level.” In other words, the IG was reporting on endemic BOP problems that exist throughout the system. The Sheridan report parrots the prior reports, conceding that “[m[ost of the significant issues we found at FCI Sheridan were consistent with findings the OIG has made in other recent BOP oversight work, which we have reported on publicly.”

Nothing new here, either folks.

• We’re starting to suss out the inspection tempo. The Waseca report was last May, the Tallahassee report was in November 2023, and Sheridan was this week. It looks like the IG is inspecting about two facilities a year. Certainly, there are resource considerations: it takes people to kick open the prison doors. Horowitz told a National Press Club audience last March that “[m]y 500 personnel [are] comprised mostly of auditors and law enforcement agents. We also have evaluators and inspectors. One of the things we’re doing now, by the way, is unannounced inspections of federal prisons, and those are much smaller groups compared to the auditors and the agents.”

• All three inspections found serious staffing problems, which is hardly news. The Waseca and Sheridan inspections found long delays in providing First Step Act and drug abuse programming to inmates, which the Sheridan report said resulted in inmates having “limited opportunities to prepare for successful reentry into our communities. “ All three reports found that shortages of Healthcare staff had “negatively affected healthcare treatment” (as the Tallahassee report put it). The Waseca findings were that “staff shortages in both FCI Waseca’s health services and psychology services departments… have caused delays in physical and mental health care treatment.”

• The IG reports all seem to come with some sexy news hook. Waseca’s was inmates living in basements and under leaky pipes. Tallahassee’s was moldy food and rat droppings in the chow hall. Sheridan’s was the feigned suicide attempt to get healthcare.

suicide240523“What we’ve seen over and over again, in our unannounced inspections of the Bureau of Prisons is the challenges they face in meeting their mission of making prisons safe and secure, and preparing inmates for reentry back into society,” Horowitz told NPR in an interview reported yesterday. “And this is another case where we’ve seen severe challenges that they face in fulfilling those missions.”

DOJ Inspector General, Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Sheridan (May 22, 2024)

NPR, Lack of staffing led to ‘deeply concerning’ conditions at federal prison in Oregon (May 22, 2024)

National Press Foundation, ‘The Truth Still Matters’: Justice Department Inspector General Highlights Non-Partisan Work (March 15, 2024)

– Thomas L. Root

Pay Us More And Everything Will Be Fine – Update for February 16, 2024

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

MONEY, THAT’S WHAT I WANT…

moneythatswhat231128Brandy Moore White, president of the union council representing 30,000 BOP employees, wrote in The Hill last week that the crumbling BOP infrastructure, “a rise in inmates deploying more sophisticated methods to smuggle illegal items into prisons,” and a lack of staff together “pose a real and significant threat to the health and safety of the 35,000 federal employees who work at the agency as well as the 158,000 inmates currently in custody.”

“The number of BOP officers and staff has fallen precipitously over the past seven years, from 43,369 staff at the beginning of 2016 to around 35,000 today — a 20% decline,” she wrote. But that only tells half the story, since the Bureau of Prisons can’t even maintain the lower level of staffing that Congress has authorized… One of the agency’s main workforce challenges is that the salaries paid to federal correctional officers pale in comparison to what employees can earn at other federal law enforcement agencies, at state and local agencies, and even some retail chains.”

Ruben Montanez-Mirabal, Patrick Shackelford, Quandelle Joseph, Perry Joyner, Brian Jenkins, Shauna Boatright. These are just a few of Ms. Moore White’s union rank-and-file BOP employees to have been convicted in the past few years of smuggling contraband into federal prisons. She might want to consider her own union members while she’s busy blaming inmates for the rise of contraband.

moneyhum170419Last week, Sens Bill Cassidy (R-LA), Richard Blumenthal (D-CT), and Bob Casey (D-PA) sponsored the Pay Our Correctional Officers Fairly Act, which will redefine BOP employees working in rural areas as being in higher-wage urban areas, thus boosting pay. Cassidy said the bill will “allow[]for competitive pay that better reflects the cost of living, commute times, alternative careers, and the hard work and dedication of BOP employees.”

A companion bill by the same name was filed in the House last May as H.R. 3199.

The Hill, The federal prison system is in crisis. Here are the top 3 reasons why (February 9, 2024 )

H.R. 3199, Pay Our Correctional Officers Fairly Act

S.___ (no number assigned), Pay Our Correctional Officers Fairly Act

– Thomas L. Root

A Few More Short Takes – Update for December 14, 2023

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

SPIRIT OF THE SEASON

The Romans had a saying, “De mortuis nil nisi bonum dicendum est,” or – as my sainted Latin teacher Emily Bernges would have translated, “Of the dead, nothing but good shall be said.”

This sentiment is enshrined in federal law as the “abatement ad initio” doctrine, which holds that a trial conviction is vacated when a defendant dies before he or she can exhaust the direct appeal process. The doctrine is followed by every federal court in the country.

In a Scrooge-worthy appeal in the 1st Circuit, however, the government argued last week that the Circuit should “break new ground by holding that a defendant’s conviction outlasts his death and does not get wiped away just because he died before his appeal could be heard,” according to Reuters.

grinch151213Former biotech chief executive Frank Reynolds was convicted of securities fraud in 2020 and sentenced to 84 months. He died a year ago with his appeal still pending. In its argument, the government admitted that every appellate circuit in America would vacate Frank’s conviction, but it argued that those courts’ opinions should not matter. Vacating the conviction and “restitution order when a defendant dies while his or her direct appeal is pending would flout [a] clear Congressional directive,” the government contends, that when a defendant subject to a restitution order dies “the individual’s estate will be held responsible for any unpaid balance of the restitution amount” under 18 USC § 3613(b).

At oral argument, one skeptical judge told the government that it needed “a pretty good argument to upset an apple cart that is going uniformly across the country without any sign of being a big problem.” Another member of the panel noted that the DOJ could always bring a civil case against a defendant’s estate for restitution.

United States v. Reynolds, Case No 20-1268 (1st Cir, argued Dec 4, 2023)

Reuters, Convictions should outlive defendants’ deaths, US tells appeals court (December 4, 2023)

CONSERVATIVE SUPPORT FOR CARES ACT HOME CONFINEES

The Senate has yet to take up S.J.Res. 47, the Republican effort to force 3,000 CARES Act home confinees back to prison. Last week, officials of the Conservative Political Action Coalition and the Faith and Freedom Coalition – wrote in The Hill that “the CARES Acts home confinement provision slowed the virus, saved millions of taxpayer dollars, and maintained public safety. By all measures, it has been a success.”

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The authors challenged Republican arguments that CARES Act prisoners were committing new crimes and terrorizing communities. “Of the people moved to home confinement, 521 were returned to custody. This equates to a 4 percent recidivism rate, less than one-tenth of the BOP average. But looking at the numbers more closely, the CARES Act recidivism rate is much more impressive than that. Of the 521 returned to prison, 296 were sent back for positive drug or alcohol tests, 90 for leaving their homes, and 113 for technical violations. That means that only 22 people were re-incarcerated for committing new crimes.”

The recidivism rate for new crimes works out to 0.2%, about 1/200th of the BOP average.

The Hill, There’s no reason to send these 3,000 people in home confinement back to federal prison (December 3, 2023)

S.J.Res. 47, A joint resolution providing for congressional disapproval under… the rule submitted by the Department of Justice relating to “Office of the Attorney General; Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

JOBS FOR ALL!

A bipartisan group of Representatives last week introduced the BOP Direct-Hire Authority Act, H.R. ____ (no bill number yet) intended to alleviate BOP staffing shortages by letting the agency hire personnel directly instead of the standard federal employment process that goes through the federal Office of Personnel Management and takes up to six months.

understaffed220929Reps Glenn Grothman (R-WI) and Matt Cartwright (D-PA) are spearheading the effort to try to turn around staffing losses of 20% in the last 7 years. The bill is supported by 11 co-sponsors and the Council of Prison Locals C-33, the largest nationwide BOP employees union. union for BOP employees nationwide.

The bill would provide direct-hire authority for a BOP facility until it reaches a level of 96% staffing level.

H.R. ___(no bill number yet), BOP Direct Hire Authority Act

Press release, Grothman, Cartwright Introduce Bipartisan Bill to Address Staffing Shortage in Bureau of Prisons (December 6, 2023)

– Thomas L. Root