Tag Archives: BOP

PATTERN System is Close Enough for Government Work – Update for September 5, 2024

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

PATTERN AIN’T PERFECT, BUT IT’S GOOD ENOUGH

closeenough240905The National Institute of Justice released its 2023 Review and Revalidation of the First Step Act Risk Assessment Tool last week, suggesting that while there remains fine-tuning to be done, no one should expect any changes in how PATTERN is scored or, for that matter, calculated in next year or two.

NIJ said that the PATTERN recidivism risk tool

remains a strong and valid predictor of general and violent recidivism at the one-, two-, and three-year follow-up periods,” measuring changes in PATTERN scores. The study concluded that “comparisons of recidivism rates by risk level category (RLC) and predictive value analyses by risk level grouping also continue to indicate that such risk level designations provide meaningful distinctions of recidivism risk.

The PATTERN scoring matrix assigns points to prisoner age: the older the prisoner, the lower the points. Lower points lead to lower risk categories. Like golf, the lower the score, the better.

PATTERNsheet220131NIJ conceded that while substantial criticism exists that rigid age brackets make it hard for prisoners to make meaningful changes in PATTERN risk categories, “individuals can change their risk scores and levels during confinement beyond mere age effects. Those who reduced their RLC from first to last assessment were shown to have the lowest recidivism rates, followed by those who maintained the same risk level and those with a higher risk level, respectively.”

Likewise, it conceded that “there remains evidence that [PATTERN] predicts differently across [racial] groups, including overprediction of risk of Black, Hispanic, and Asian males and females, relative to White individuals, on the general recidivism tools.”

Writing in Forbes, Walter Pavlo noted that the NIJ study “confirmed that those with minimum PATTERN scores had a recidivism rate after 3 years of 9.2% for men and 7.4% for women. According to the Government Accountability Office, the overall recidivism average for all prisoners released from BOP is 45%, with men with high PATTERN scores having a recidivism rate of 77.5%, according to GAO. That data shows one of the complicated issues about the First Step Act… those who really need to program to turn their lives around have no incentive to participate in needed programming.”

Pavlo wrote that currently, First Step forces the Bureau of Prisons to “spend hundreds of millions of dollars in programming on those prisoners who are less likely to return to prison anyway. Make no mistake, PATTERN is proving to be a good measure of future success or failure after prison. However, most prisoners in the federal system are going to return to society at some point, dollars may be better spent on a population that needs the programming.”

Pavlo also noted last week in another post that the BOP’s Office of Public Affairs recently reported that the average cost of housing minimum security prisoners “approaches the average cost of housing someone at a US penitentiary.”

money160118“Of the BOP’s nearly 160,000 prisoners,” Pavlo wrote, “24,000 of them are minimum security. The BOP’s statement was that the average cost of housing a minimum security prisoner in 2024 is $151.02. The cost of housing someone in a US penitentiary is $164.87 (Lows were $129.72 and Mediums are $122.50). Since there are more minimum security prisoners than high, the total costs of housing minimum security prisoners far exceeds the costs of housing those in high security….”

NIJ, 2023 Review and Revalidation of the First Step Act Risk Assessment Tool (August 25, 2024)

Forbes, Bureau of Prisons PATTERN Score Reveals Lower Recidivism For Campers (August 27, 2024)

Forbes, The High Price of Minimum Security Federal Prisoners (August 25, 2024)

– Thomas L. Root

Government Moves Quickly on Atwater BOP Staff Death – Update for August 30, 2024

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

ARRESTS IN USP ATWATER STAFF DEATH CASE

I reported last week on the death of a BOP mailroom supervisor at USP Atwater, apparently from contact with a drug-laden document sent to an inmate by legal mail.

Spice_drugWhile the toxicology has not been completed, authorities last week arrested Jamar Jones, a USP Atwater inmate, Stephanie Ferreira, his girlfriend in Indiana former drug felon Jermen Rudd III.

The 30-page arrest complaint, rich with detail, recounts an investigation worthy of CSI Miami. Evidence included months of recorded phone calls and email between the inmate and the others, surveillance footage from a St Louis post office, linking the girlfriend’s Evansville, Indiana, computer to the Postal Service online tracking site, and even St. Louis police license plate reader data to place the third guy in the vicinity of the post office when the package was sent.

The trio, all of whom are being held without bond (Jones, of course, was already in custody), were indicted yesterday on conspiracy to distribute drugs (21 USC 846). Jones was also indicted on an 18 USC § 1791(a)(2) and (b)(2) charge for inmate obtaining or attempting to obtain a controlled substance, and Stephanie and Jermen were indicted on the same 1791(a)(2) and (b)(2) offenses for attempting to provide an inmate with a controlled substance.

cellblock240830Despite press speculation that the document was impregnated with fentanyl, the indictment charges only that the defendants tried to smuggle “a detectable amount of AB-6 CHMINACA and MDMB-4en-PINACA, Schedule I controlled substances, commonly referred to as ‘Spice’.”

The indictment also does not allege that the defendants caused the death of BOP mailroom supervisor Marc Fischer, which suggests that the toxicology reports have not been completed yet.

Criminal Complaint, United States v. Jones, Case No 1:24-cr-209 (ED Cal, ECF 1, August 19, 2024)

Indictment, United States v. Jones, Case No 1:24-cr-209 (ED Cal, ECF 11, August 29, 2024)

– Thomas L. Root

BOP Employee Death From Suspected Drug-Laden Letter – Update for August 19, 2024

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

BOP MAIL SUPERVISOR DIES AFTER EXPOSURE TO MAIL SOAKED IN “UNKNOWN SUBSTANCE”

A Bureau of Prisons mailroom supervisor at USP Atwater died August 10th  “following his exposure to mail saturated in an unknown substance”, according to a statement issued by BOP Director Colette Peters.

marcfischer240819Supervisory Correctional Systems Specialist Marc Fischer was pronounced dead at a local hospital after falling ill upon coming into contact with the substance. A second employee also came into contact with the substance but was treated at a hospital and released.

Mr. Fischer, a veteran of the United States Coast Guard, had worked for the BOP for over 23 years, according to Corrections1. He spent his entire career at USP Atwater, starting as a correctional officer in 2001 and becoming a Supervisory Correctional Systems Specialist in 2009.

The BOP and federal law enforcement agencies are investigating whether the substance was fentanyl, according to ABC News. The Los Angeles Times reported that “[r]esearchers say that briefly touching fentanyl cannot cause an overdose, and the risk of death from accidental exposure is low.” Nevertheless, the newspaper’s headline claimed “possible fentanyl exposure.”

Last December, Rep. Don Bacon (R-NE) introduced H.R. 5266, the Interdiction of Fentanyl in Postal Mail at Federal Prisons Act, a bill that would require the BOP to electronically scan all inmate mail coming into its facilities. The measure has not yet cleared the House Judiciary Committee, let alone been introduced in the Senate. With fewer than 40 days left in Congress’s legislative calendar, it is unlikely that it will make it before Congress expires.

Mr. Fischer left behind a wife, a son and a daughter.

Reaction to the incident could substantially curtail inmate access to the type of tangible connection to family that kids’ drawings, greeting cards and printed photos provide. That might be an unfortunate overreaction.

However, there will be time to reason out what steps, if any, should be taken to protect BOP workers and to further curtail drugs entering facilities. For now, the focus should be on the real tragedy here:  Mr. Fischer is dead and a family mourns. 

ABC, Bureau of Prisons employee dies after coming into contact with ‘unknown substance’ (August 10, 2024)

Los Angeles Times, Prison worker dies at Atwater Federal Prison in Central Valley; possible fentanyl exposure (August 10, 2024)

Corrections1, Calif. corrections official dies after coming into contact with unknown substance in mail (August 15, 2024)

BOP, Message from the Director (August 12, 2024)

H.R.5266, Interdiction of Fentanyl in Postal Mail at Federal Prisons Act

– Thomas L. Root

“Abandon Hope” at MDC Brooklyn – Update for August 15, 2024

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

A PRISON UNFIT FOR PRISONERS

The Tower of London, Black Hole of Calcutta, Devil’s Island… Add to the list of infamous prisons where no one should be confined the Federal Bureau of Prisons Metropolitan Detention Center in Brooklyn, New York.

calcutta240108Last week, US District Judge Gary Brown (EDNY) sentenced 74-year-old Daniel Colucci – convicted of failing to pay over taxes collected from his employees to the IRS – to nine months in prison conditioned on the BOP not designating him to serve it at MDC Brooklyn, a designation to that would be, “under present circumstances, unacceptable.”

The opinion, describing in extensive detail the inhumane conditions at MDC Brooklyn – including lengthy lockdowns, vicious assaults and significant delays in providing medical care – came several weeks after an MDC inmate was killed in a fight there.

Judge Brown ruled that the severity of the million-dollar tax loss, the court’s suspicions about the “depth” of Colucci’s remorse, and reluctance to pay restitution, made the nine-month sentence necessary.

However, all of that was trumped, the Court said, by the risk that Colucci’s short sentence might result in the BOP designating him to MDC Brooklyn:

[J]udges in this district are subject to a steady drumfire of [allegations of inhumane treatment at MDC]… And these issues continue to affect judicial determinations. In United States v. Chavez, contrary to statutory presumptions, Judge Furman ordered that a narcotics defendant subject to a multi-year sentence remain at liberty pending surrender, based largely on the conditions at MDC. In United States v Griffin, Judge Komitee granted a motion for compassionate release based primarily on the conditions at MDC for a defendant serving time for violating supervised release. Cf. United States v. Santana (“Given the severe prison conditions that prevail at the MDC (conditions that amount to imposing harsher punishments on prisoners), this Court and others have adjusted sentences of defendants in custody there for lengthy periods.”). In yet another case, Judge Cogan indicated that he might have sentenced an offender to incarceration “if not for the length of the sentence landing him in the Bureau of Prison’s Metropolitan Detention Center in Brooklyn.

medicalcare220912In Chavez, Judge Furman identified three areas of concern in the post-COVID conditions at MDC: (1) continued reports of inordinate periods of lockdown, (2) claims that the facility provides inadequate and/or substantially delayed necessary medical care—a particular risk in this case and (3) general issues about the conditions at the facility. Allegations of inadequate supervision, unbridled assaults and lack of sufficient medical care are supported by an increasing body of evidence, with certain instances that are irrefutable. [See] Griffin (‘it has been well documented that the MDC has an ongoing issue with frequent lockdowns due to violence and the threat of violence, among other concerns, which has delayed medical care for a number of inmates’).”

The Court also cited Griffin’s finding that “[c]haos reigns, along with uncontrolled violence” at the facility. Judge Brown wrote, “This Court has identified shocking instances of brutal violence within the facility. This review is necessarily limited, as the Court’s access to relevant information was exceptionally narrow. In other words, there were, most certainly, other incidents not collected during this Court’s review. Nevertheless, the results are staggering.”

Colucci was deserving of some incarceration, the Court held, but the “circumstances present a conundrum… [T]he defendant, like the defendant in Chavez, is over 70 years of age, faces significant health challenges and has no criminal record… Thus, a sentence of incarceration imposed, if that sentence would be served at the MDC, would most assuredly be excessive..”

The Court ruled that Colucci would remain on bond until the BOP designated him to a facility. If he is sent somewhere other than MDC Brooklyn, he will do his time there. However, if the BOP designates MDC as Colucci’s facility, the Court intends to vacate the 9-month sentence and send Colucci to home confinement instead.

accountable220225David E. Patton, the former chief federal defender for New York City, told the New York Times that the BOP has evaded accountability for the deplorable state of MDC Brooklyn. “People are dying because of their inaction,” he said. “I know it’s not easy to take on your colleagues in the Bureau of Prisons. I know it’s not easy to reform a broken culture. But it’s time for some fortitude from our leaders.”

The BOP told The Times, “We make every effort to ensure the physical safety and health of the individuals confined to our facilities through a controlled environment that is secure and humane.”

United States v. Colucci, Case No. 23-CR-417, 2024 U.S. Dist. LEXIS 138497 (E.D.N.Y. Aug. 5, 2024)

United States v. Chavez, Case No. 22-CR-303, 2024 U.S. Dist. LEXIS 1525 (S.D.N.Y. Jan. 4, 2024)

United States v. Griffin, Case No. 22-CR-408, 2024 U.S. Dist. LEXIS 102127 (E.D.N.Y. June 9, 2024)

United States v. Santana, 2024 U.S. Dist. LEXIS 90220 (S.D.N.Y. May 20, 2024)

New York Times, Brooklyn Jail Is Too ‘Inhumane’ for 75-Year-Old Tax Scammer, Judge Says (August 8, 2024)

– Thomas L. Root

Congress Orders BOP To Spend Money It Doesn’t Have – Update for July 31, 2024

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

FPOA IS LAW, BUT BOP MONEY WOES PERSIST

hr3019oversight240528President Joe Biden signed the Federal Prisons Oversight Act into law last Thursday. The bill is intended to strengthen oversight of the Federal Bureau of Prisons after The Associated Press reported on systemic corruption, failures and abuse in the federal prison system.

The FPOA, which passed the Senate on July 10th and the House last May, establishes an independent ombudsman to field and investigate complaints by prisoners, their families, and staff about misconduct and deficiencies. It also requires that the Dept of Justice inspector general conduct regular inspections of all 122 federal prison facilities, issue recommendations to address deficiencies and assign each facility a risk score. Higher-risk facilities would receive more frequent inspections.

BOP Director Colette Peters praised the bill in testimony before the House Judiciary Subcommittee on Crime and Federal Government Surveillance last week, but told the Subcommittee that the agency will need tens of millions of dollars in additional funding “to effectively respond to the additional oversight and make that meaningful, long-lasting change.”

“You inherited a mess. I mean, you inherited a mess,” Congressman Kelly Armstrong (R-ND) told Peters during her testimony last Tuesday. And she did, a mess that is not going to go away without money.

understaffed220929For instance, Peters noted that the new FPOA limits the BOP’s use of augmentation, the practice of using education, medical and other staff as stand-in corrections officers. “While I agree with the sentiment of limiting augmentation,” Peters told the Subcommittee, “today in the midst of our staffing crisis, without augmentation, we will mandate more overtime which will not only cost tens of millions of dollars more per year (~$60 million) but again, I will note the human cost and the physical and mental wear and tear on our people.”

Last year alone, the BOP paid more than $128 million in incentives and more than $345 million in overtime. Ordering the BOP to stop augmentation without giving the agency the money needed to hire COs is like trying to stamp out poverty by ordering poor people to be rich.

Peters testified, “Over the past 10 years, BOP’s budget only increased approximately 23% (which equates to about 2% per year). Over that period, budgeting resulted in a reduction of 3,473 authorized positions… Over the past 10 years, we did not receive a total of more than 1,900 authorized positions and 7,000 FTEs requested in the President’s Budgets… BOP has temporarily closed three institutions and 13 housing units at 11 institutions due to dangerous conditions. They account for a loss of more than 4,000 beds at every security level.”

Writing in Forbes last week, Walter Pavlo pointed out that the BOP has some control over its destiny:

One way to help reduce the stress the agency is under is by reducing the number of prisoners in prisons, something that could be done with a full implementation of the First Step Act and Second Chance Act. Director Peters noted that the prison population has slightly increased over the past few years despite the legislation. Those two laws, both passed and signed into law under Republican administrations (Donald Trump and George W. Bush respectively) allow many low and minimum security prisoners to reduce their prison term by up to a year and also place them in the community (halfway houses) for longer periods of time.

No room at the inn?
No room at the inn?

An NBC News investigation found that the BOP is not placing as many people in the community as it could. The result is that many prisoners stay in correctional institutions far longer than necessary when less restrictive and less expensive prerelease custody (halfway house/home confinement) should be available. However, a noted shortage of halfway house space is preventing the BOP from placing more people in confinement in the community. Retired BOP Acting Director Hugh Hurwitz said, ‘Since the First Step Act was signed, the BOP knew it needed more capacity but nearly 6 years later, halfway house space continues to be a problem’.”

“We believe in accountability, oversight, and transparency,” Peters told the House Subcommittee. “But we cannot do this work alone.” That is true, but there is more that the BOP can do.

Associated Press, Biden signs bill strengthening oversight of crisis-plagued US Bureau of Prisons after AP reporting (July 25, 2024)

Sen Jon Ossoff, SIGNED INTO LAW: Sens. Ossoff, Braun, & Durbin, Reps. McBath & Armstrong’s Bipartisan Federal Prison Oversight Act (July 25, 2024)

BOP, Oral Statement of Director Colette S. Peters, July 23, 2024,
House Judiciary Committee, Subcommittee on Crime and Federal Government Surveillance

Forbes, Bureau of Prisons Director Testifies At House Judiciary Committee (July 24, 2024)

– Thomas L. Root

No Free Drinks While You Lose to the House – Update for July 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.

LONG ODDS

compeddrink2400716There’s a difference between Las Vegas and asking the Bureau of Prisons to bring a compassionate release motion under 18 USC § 3582(c)(1)(A) on your behalf. In Vegas, they comp you drinks while you’re trying to beat impossible odds.

Under § 3582(c)(1)(A), a prisoner seeking grant of a compassionate release sentence reduction from his or her court must first ask the BOP to file the motion on the inmate’s behalf. This provision was a bone thrown to the BOP when Congress – disgusted after years of the BOP being the exclusive gatekeeper for compassionate release motions without using the authority as Congress intended (or even competently, for that matter) – changed the statute as part of the First Step Act to empower inmates to file directly for compassionate release. Just so the Director wouldn’t pout that power had been stripped from the BOP to lord it over prisoners even beyond control needed for legitimate penological purposes, Congress wrote in a requirement that the prisoner ask the BOP to file the motion on the inmate’s behalf before the inmate was able to bring the motion on his or her own motion.

Of course, in the real world, this creates no incentive for a warden, who has three choices when confronted with such a request:

• If the warden grants the prisoner’s compassionate release request, a package justifying the recommendation that the BOP involve a U.S. Attorney to bring the motion has to be prepared and forwarded to the BOP Regional Office. If the Regional Office approves, the request goes to the BOP Office of General Counsel. If the GC OKs it, it goes to the Director. If the Director approves it, the motion must be prepared by the appropriate US Attorney and filed with the prisoner’s sentencing judge.

•  If the warden denies the request, a document must be prepared and delivered to the prisoner explaining the denial, after which the prisoner may file a motion with his or her sentencing judge.

• If the warden ignores the request, after 30 days the prisoner may file a motion with his or her sentencing judge.

Knowing that a bureaucracy, like water and electricity, seeks the path of least resistance, which of these options is the easiest for the warden? Or which is least likely to reflect badly on the prison administration if a compassionate release turns into a Willie Horton?

denied190109The Dept of Justice knows. In its First Step Act Annual Report – June 2024, the DOJ disclosed that from January 2019 — the first time prisoners could file for compassionate release on their own — through January 2024, prisoners filed 32,991 motions for compassionate release in federal courts. Of that number, the BOP approved 172 such requests. Of that number, 127 approvals were based on the prisoner’s terminal illness, 39 approvals were based on the inmates’s debilitated medical condition, two approvals were for “elderly inmates with medical conditions,” and four requests were based on sexual abuse the prisoner experienced while in custody.

In other words, BOP compassionate release approval stands at 0.5214%, about one out of 200.

And what of those requests for compassionate release that prisoners filed after being turned down? The Sentencing Commission reports that through March 2024, 32.412 such motions had been filed in court, and 5,190 of those (16%) had been granted. Every one of those 5,190 grants was first rejected as unworthy by the BOP.

The rule in the BOP? Deny, deny, deny. Or maybe ignore, ignore, ignore.

So why should the prisoner not just take the commutation route, asking President Joe Biden – who promised to fix the exercise of presidential clemency – for early release?

clemency231222Axios reported last weekend that President Biden has continued a trend of increasingly stingy grants of commutation or pardon. In four years, Jimmy Carter granted 21.6% of clemency petitions. Ronald Reagan granted 11.9% over eight years. Bill Clinton granted 6.1%, Barack Obama 5.3%. Even Donald Trump granted 2.0%.

So far, excluding Biden’s meaningless mass pardon of marijuana possession offenses that promised 13,000 pardons but has so far only delivered for about 205 people, Biden has granted 1.3% of clemency requests, the lowest percentage of any president in at least the last 50 years.

A clemency petition passes through seven layers of review, a cumbersome process Biden has worsened by requiring input from the Domestic Policy Council. Mark Osler, a law professor and expert on clemency, said, “Biden seems to be stuck with is a system of analysis that doesn’t work and hasn’t worked for his predecessors either.” 

Frank Bowman, a law professor who has written extensively on the pardon power, cited the “nasty politics of our era” as a significant factor in making the use of clemency power problematic.

horton230317No president wants to needlessly create a Willie Horton moment, to grant clemency to someone in prison who then commits a new offense that becomes grist in the campaign mill.

Thus, denial (or just inaction) becomes as appealing to a president as it is to a warden.

US Sentencing Commission, Compassionate Release Data Report – Fiscal Year 2024, 2nd Quarter

Dept of Justice. First Step Act Annual Report – June 2024

Axios, Why presidents are wielding their pardon powers less and less (July 13)

– Thomas L. Root

A Short Rocket – Update for June 7, 2024

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

rocket-312767Today (and not necessarily in honor of NASA’s long-awaited success in getting the Boeing Starliner to fly), a short rocket of some stories you might have missed.

OREGON LAWMAKERS WANT ANSWERS ON SHERIDAN

Six Oregon members of Congress wrote to BOP Director Colette Peters on May 24th about the “deeply concerning allegations made by the Department of Justice Office of the Inspector General regarding conditions at FCI Sheridan.”

letter161227The letter, from Senators Ron Wyden and Jeff Merkley, and Representatives Val Hoyle, Earl Blumenauer, Andrea Salinas and Suzanne Bonamici (all Oregon Democrats), “demand[ed] swift action to address staffing shortages, inmate medical needs, and other alarming shortcomings placing staff and inmates at significant risk.”

The letter noted that the report “raises new questions about FCI Sheridan’s certification as a Medical Care Level 2 institution. According to BOP regulations, Medical Care Level 2 institutions must be able to provide routine outpatient services to prisoners. However, DOJ OIG found inmates frequently could not get timely outpatient care.”

The lawmakers posited 15 questions about staff shortages, medical care, RDAP and security on which a BOP response is sought.

Letter from Sen Ron Wyden and others to Colette Peters (May 24, 2024)

rocket-312767

WELL, THIS IS A SURPRISE…

A national study performed by a collaboration between the University of California at Irvine and Brigham and Women’s Hospital found that at the peak of the COVID pandemic in 2020, people inside prisons died almost three and a half times more frequently than the free population.

deadcovid210914Over 6,000 incarcerated people died in the first year of the pandemic, researchers found, using numbers they collected from state prison systems and the BOP. A Marshall Project analysis of data the researchers released shows the prison mortality in the BOP increased by 41% between 2019 and 2020.

At the same time, incarceration rates dropped during the first year of the pandemic, but not because an extraordinary number of people were released. Instead, data show that fewer people than in a typical year were let out in 2020. According to The Marshall Project, the reduction in population was due to a dramatic reduction in prison admissions.

The study warned that death rate spikes “in 2020 probably underestimate the true rise in death rates, since many prison populations fell as the year went on.”

Marshall Project, Officials Failed to Act When COVID Hit Prisons. A New Study Shows the Deadly Cost (April 18, 2024)

Science Advances, Excess mortality in U.S. prisons during the COVID-19 pandemic (Dec 1, 2023)

rocket-312767

DEPENDS ON WHOSE OX IS BEING GORED

Less than a week after the DOJ OIG issued a scathing report on the BOP’s operation at FCI Sheridan—which incidentally included a finding that the facility kept lousy records on inmate-to-inmate sexual abuse—BOP Director Colette Peters found the time and inclination to praise a May 14th sentencing of an unnamed federal inmate for having masturbated in front of a BOP employee.

It seems that on May 14, 2024, U.S. District Judge Iain D. Johnston of the Northern District of Illinois hammered a USP Thomson prisoner with a 364-day consecutive sentence under the Assimilative Crimes Act for violating an Illinois disorderly conduct statute by… well, you know… in front of a correctional officer.

oxgored240607Director  Peters expressed “strong support” for this decision, with the BOP PR flack quoting her as saying “This sentencing is a clear message that misconduct, particularly actions that threaten the safety and integrity of our institutions, will not be tolerated. We stand resolute in our mission to foster a humane and secure environment and protect our employees and incarcerated people from any form of sexual harassment and assault.”

Tough words, which makes it all the more surprising that the Director failed to send a “clear message” to her 36,000 underlings about the mess at FCI Sheridan or, for that matter, the announcement two days later that a former correctional officer at FCI Milan had been charged with the felony of having sex with a prisoner and smuggling contraband into the facility.

Fortunately for Peters, the PR task was covered by Eastern District of Michigan US Attorney Dawn Ison, who said:

Every day, federal corrections officers display uncompromising integrity in carrying out their duties and maintaining the safety and security of our federal prisons. Unfortunately, the allegations in today’s indictment reflect a failure on the part of one corrections officer to maintain that standard. Sexual misconduct by prison officials compromises the safety and security of the whole institution and is completely unacceptable at Milan or any other correctional facility.

When a single inmate commits a misdemeanor, the Director is Jenny-on-the-spot to denounce what is otherwise a pedestrian (if disgusting) offense. But with over a dozen cases of BOP employees being charged with or convicted of sex offenses against inmates in the last year, you’d think that Ms. Peters would issue a press release on that, or at least that a government official’s comment could drop the “display uncompromising integrity” blather.

BOP,  Director Peters Commends Sentencing (May 28, 2024)

Ann Arbor News, Former federal prison guard charged for having sex with prisoner, smuggling in contraband (May 30, 2024)

– Thomas L. Root

No Worse Federal Employer than the BOP… Again – Update for May 28, 2024

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

BOP REMAINS TERRIBLE EMPLOYER EVEN AS CONGRESS MOVES TO BRING AGENCY UNDER CONTROL

The Federal Bureau of Prisons again grabbed the bottom spot on the annual Partnership for Public Service “Best Places to Work in the Federal Government” survey.

job210830The BOP ranked 459 out of 459 government subcomponent agencies overall, garnering the bottom score in effective leadership, mission match, employee recognition, diversity, work-life balance and professional development. In categories in which the BOP was not last–such as “effective senior leadership–it nonetheless ranked within five of dead last.  Coming in at 455 of 459 is hardly a reason for celebration.

Back in 2015, the agency was in the middle of the pack (53% of federal agencies worse)), but fell in 2016 to 36% and in 2018 to 12%. By 2021, the BOP was in the bottom 1% of federal agencies, where it has stayed.

In a perhaps-related development, the House of Representatives last Tuesday passed the Federal Prison Oversight Act, a bill introduced by Reps Lucy McBath (D-GA) and Kelly Armstrong (R–ND). By a vote of 392-2, the House approved the measure, which would require the DOJ Inspector General to conduct comprehensive, risk-based inspections of the BOP’s 122 facilities, provide recommendations to fix problems and assign each prison a risk score, with higher-risk facilities required to be inspected more often.

hr3019oversight240528The BOP would be required to respond to all IG reports within 60 days with a plan of corrective action.

The bill would also create an independent ombudsman position, The ombudsman would investigate complaints lodged by inmates, their families and staff.

“Incarcerated Americans should not fear death when they enter our Federal prison system, and correctional officers should not fear for their safety in their workplace,” McBath said. “Our Federal prisons must serve as institutions that rehabilitate and prepare Americans for reentry into society, and that cannot happen without putting meaningful accountability measures in place.”

A companion bill has been introduced in the Senate by Senators Jon Ossoff (D-GA), Mike Braun (R–IN) and Senate Majority Whip Richard Durbin (D-IL).

Partnership for Public Service, Best Places to Work in the Federal Government (May 22, 2024)

Federal Prison Oversight Act (HR 3019)

Reason, House Passes a Bill To Create Independent Oversight of the Troubled Federal Prison System (May 22, 2024)

Sen Jon Ossoff, U.S. House Passes Sens Ossoff, Braun, & Durbin, Rep McBath & Armstrong’s Bipartisan Bill to Overhaul Federal Prison Oversight (May 21, 2024)

– Thomas L. Root

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

BOP Medicine Has Another ‘Pants On Fire Moment’ in Brooklyn Courtroom – Update for May 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.

LIAR, LIAR

liar151213A judge last week ordered the MDC Brooklyn medical director to appear in court to explain why the BOP didn’t give an inmate all his medication after an emergency appendectomy and then apparently lied to the man’s lawyers that he had gotten all of the required doses (and then for good measure, threw him in the SHU for spurious reasons).

US District Court Judge LaShann DeArcy Hall set a hearing for May 23rd after she grilled a BOP attorney during a status conference last week, repeatedly asking which BOP official “lied” that a detainee was given all five days of his antibiotic regimen. The medicine had been ordered by outside surgeons after the pretrial inmate received an emergency appendectomy that almost didn’t happen.

liar170209The order came after the detainee’s lawyers told the Court that their client’s “appendix may well have ruptured because MDC staff ignored his initial complaints; he was forced to recover from surgery without the aid of painkillers; and he is now being deprived of his antibiotics, which he must finish to avoid potential infection. Further, it appears that [the detainee] was sent to the SHU in retaliation for his reasonable demands for his medication and efforts to get counsel to assist him, and that the MDC revised the SHU ticket after the fact to justify its actions.”

NY Daily News, Judge Demands Answers From Brooklyn Federal Jail Officials Over Inmates Medical Woes (May 6, 2024)

Emergency Motion (Dkt. 330), United States v. Ricketts, Case No 22-cr-106 (EDNY)

– Thomas L. Root