Tag Archives: BOP

‘A Uniform Change Away’ – Former BOP Inmate Now BOP Deputy – Update for June 10, 2025

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

FORMER BOP INMATE NOW BOP DEPUTY DIRECTOR

Some cynical Bureau of Prisons inmates have quipped before that certain BOP employees are “only a uniform change away” from being inmates, an aphorism occasionally proven by convictions of BOP staff for sexual abuse of inmates, bribery, introducing contraband, or general mayhem.

Last week, the cliché was turned on its head… but in a very good way. Joshua J. Smith, a former federal inmate who President Trump pardoned in 2021 for drug trafficking crimes committed more than two decades before, just swapped prison khakis from 20 years ago for a suit and corner office as the BOP’s Deputy Director.

Yeah, I know… a Trump pardon based on merit. That alone is amazing. But who would have ever predicted that someone would be involved with the BOP on both sides of the fence?

Last Thursday, BOP Director William K. Marshall III announced that he was naming Smith, a Tennessee businessman who founded inmate advocacy and rehabilitation nonprofit Fourth Purpose Foundation, as his second in command.

“Josh brings to this role something our agency has never had before at this level, a perspective shaped by lived experience, proven innovation and national impact,” Marshall said in a staff memo. “His firsthand understanding of our facilities — of the tension, the risk and the importance of trust — makes him uniquely positioned to advocate for the resources and reforms front-line staff need to do their jobs safely and effectively.”

Smith entered the BOP as an inmate “at age 21 as an 11th-grade dropout with no plans to exit it any differently than how he entered,” Walter Pavlo wrote in Forbes last week. Smith served five years at FCI Manchester, Kentucky, being released in 2003.

The Fourth Purpose website says Smith “saw the system from the inside, its challenges, its blind spots, and its unrealized potential. While incarcerated, something began to shift. He found faith, discipline, and most importantly, he found a sense of purpose. For Josh, prison wasn’t just a consequence, it became a transformative experience. When he was released in 2003, he walked out determined not to waste a second chance he had been given. He created a plan to stay out of the system. But that sense of purpose followed him. Reentry wasn’t easy, but it shaped his empathy. It helped him understand the barriers people face on the outside and planted the seed of a deeper mission.”

When he was pardoned in January 2021, a Knoxville TV station reported, “Smith started a multi-million dollar company and a non-profit to help former inmates transform their lives.” The residential service company he started, Master Service Companies, grew into a $30 million enterprise with more than 180 employees, many of whom were ex-offenders.

Rabbi Moshe Margaretten, President of the nonprofit Tzedek Association, told Pavlo, “Director Marshall couldn’t have made a better choice. Josh Smith brings a deep moral clarity and transformative vision to the Bureau — grounded in lived experience and a passion for redemption and human dignity. His leadership on reentry is exactly what this moment demands.”

Pavlo wrote, “Smith realizes that real change is only going to occur if he has buy-in from the staff and that may be a challenge. Former Director Colette Peters, also an outsider to the BOP, found change difficult though she did manage to improve hiring and made a number of strides in implementing the First Step Act.”

Nevertheless, Pavlo cheered Smith’s appointment. “The BOP needs change and they need reform. Nothing says reform louder than bringing in someone like Josh Smith who has seen life on both sides of the fence.”

NBC, Former federal inmate pardoned by Trump tapped as Bureau of Prisons deputy director (June 6, 2025)

WBIR-TV, Knoxville businessman Josh Smith awarded Presidential Pardon (Jan 20, 2021)

Forbes, Meet Joshua Smith, New Deputy Director of Bureau of Prisons (June 6, 2025)

– Thomas L. Root

Streamlining How To Get The Horse to Water – Update for June 5, 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 TO SPEED BOP CORRECTIONAL OFFICER HIRING

job210830Representatives Glenn Grothman (R-WI) and Elise Stefanik (R-NY) last month reintroduced the BOP Direct-Hire Authority Act (H.R. 3342), 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.

Stefanik is chair of the House Republican Leadership Committee.

“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.

horsetowater250606Streamlining the process to hire correctional officers does not alter the desireability of the BOP as a career path. The agency continues to rank at the bottom of federal agencies as an employer, putting up dismal marks on quality of leadership, pay, recognition, and work-life balance. Leading the horse to water could get easier with passage of the BOP Direct-Hire Authority Act, but no one is floating any ideas on how to make the horse drink.

In an unrelated but dramatically illustrative example of the problem, the BOP employees union at FCI Phoenix last week bought a billboard ad near the prison demanding that the warden and regional director be fired.

FCIPhoenix250605The Arizona Republic reported that American Federation of Government Employees Local 3954 has accused prison leadership of failing to protect the lives of the people who work in the prisons.

H.R. 3342, BOP Direct-Hire Authority Act

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

Arizona Republic, Phoenix federal prison union members call for warden, regional director to be removed (June 3, 2025)

– Thomas L. Root

Things Are Seldom What They Seem – Update for June 2, 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 OL’ SWITCHEROO

buttercup250602Unless you’re my age (and I am not telling you what that age might be), you’re probably not familiar with Gilbert and Sullivan’s light opera, 19th-century musicals that parodied British life. In H.M.S. Pinafore – perhaps their best-known work – low-class Buttercup pines for the high-born captain of the Royal Navy warship HMS Pinafore. At one point, she tries to hint to the Captain that despite their difference in societal status, they might be able to hook up.

She sings,

Things are seldom what they seem, skim milk masquerades as cream, black sheep dwell in every fold, all that glitters is not gold…

Remember two months ago, when the BOP said no one would get more than 60 days of Second Chance Act halfway house time, only to recant a week or so later? It seemed that the problem had been solved. Unfortunately, as the Bureau of Prisons proved last week, the fix was illusory, as “storks turn out to be but logs” or “Bulls are but inflated frogs.”

A new BOP memorandum issued last week at first seemed to be a wonderful expansion of home confinement, but it in fact strips away SCA rights from prisoners who have been serving the longest sentences.

We have not seen the memo, just a press release. The release provides that home confinement will be “a priority for individuals who are eligible and do not require the structured support of an RRC. RRC placement will be reserved for those with the greatest need.” What’s more, unit teams are directed to “use FSA and SCA Conditional Placement Dates—based on projected Earned Time Credits (FTCs) expected to earn—to guide prerelease planning and ensure accurate and timely referrals.”

More home confinement? Great news, right?

Not really. The new policy does not expand the BOP’s authority to place people on home confinement by even one day. Ever since 2008, the BOP has had the authority to place inmates in home confinement for the final 10% of their sentences (up to a maximum of 6 months) under 18 USC § 3624(c)(2). Six years ago, the First Step Act amended § 3624(c)(2) to direct that the BOP, “to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.”

Just like Dorothy always had the power to go back to Kansas, the BOP has had the power to send prisoners to home confinement.
Just like Dorothy always had the power to go back to Kansas, the BOP has had the power to send prisoners to home confinement.

However, none of the BOP’s authority meant much up to now. BOP staff largely did not send people directly to home confinement. It was easier to send them to halfway house and then let the halfway house send them on to home confinement and do the monitoring. The halfway houses were glad to do it, because it freed up a bed they could sell for another inmate, and they still got some payment for the inmate they were continuing to monitor.

Suddenly, the BOP has figured out that it can better use the limited number of halfway house beds it has under contract (and save money) by sending low-risk inmates directly to home confinement. It’s the right call, but it doesn’t expand the availability of home confinement one bit. The BOP has no more power to put people on home confinement today than it had a week ago, a month ago, a year ago, or even as of December 21, 2018.

What’s worse is what the memo does NOT say. On Saturday, Walter Pavlo reported in Forbes that “[w]hen asked whether inmates are still eligible for Second Chance Act placement up to 12 months prior to their FSA conditional placement date, as has been the case, the BOP responded, ‘Due to statutory restrictions found in 18 U.S.C. § 3624(c)(1), an individual who has earned 365 days (12 months) of First Step Act credits to be applied to prerelease custody cannot receive additional prerelease time under the Second Chance Act.’”

This means that no one with 730 or more FSA credits will get any SCA halfway house or home confinement. Pavlo wrote, “The BOP’s current stance contradicts its position from just a few months ago, when it stated that stacking First Step Act and Second Chance Act benefits was permissible. Now, without addressing its previous position, the BOP asserts that home confinement under the Second Chance Act is only allowed by law during the final 12 months of a prison sentence.

home210218Additionally, the BOP claims that home confinement under the First Step Act can only be applied when the First Step Act time credits earned are equal to the remaining length of the prison term. This means an inmate cannot apply First Step Act credits to home confinement while also receiving up to 12 months of prerelease custody (6 months in a halfway house and 6 months in home confinement) under the Second Chance Act. For many inmates, this change means they will have to remain in prison for up to a year longer than they had initially expected.”

In the press release, BOP Director William K. Marshall III boasted that “President Trump said he would fight for the forgotten men and women of this country, and the First Step Act proved he meant it. Now, we are ensuring that this reform continues to work—not just as a policy, but as a promise to Americans seeking redemption and a path forward.”

BOP Press Release, Federal Bureau of Prisons Issues Directive to Expand Home Confinement, Advance First Step Act (May 28)

Forbes, Prisoners Set Back By Bureau Of Prisons Home Confinement Expansion (May 31)

– Thomas L. Root

A Pair and a Half of Shorts – Update for May 30, 2025

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

Today, some shorts… just in time for warm summer weather.

shorts250530

SUMMER’S HERE – TIME FOR SOME SHORTS

Shocking News: BOP Healthcare Found Deficient – A report issued last week by the Dept of Justice Inspector General found that the BOP has failed to screen over a third of at-risk inmates for colorectal cancer (CRC). Between low screening offers and inmate refusals, less than half of average-risk inmates had a completed annual CRC screening.

healthbareminimum220603What’s more, out of a sample of 327 inmates, the IG found that around 10% had no documented follow-up after testing positive for CRC. Also, the Report found, the BOP lacked timeliness metrics for access to a colonoscopy for inmates with a positive CRC screening. The IG reported that “inmates in our sample waited an average of 8 months between a positive CRC screening and a colonoscopy.”

During the period covered by the Report, there were about 38,000 federal inmates who fell in the age range and “average risk” level for CRC. About 13,600 of them were not offered a screening, according to the Report.

BOP Director William K. Marshall III took time from being excited about a billion-dollar rebuild of Alcatraz (see below) to blame “longstanding staffing issues” for compromising efforts to screen inmates for colorectal cancer in certain facilities.

DOJ Inspector General, Evaluation of the Federal Bureau of Prisons’ Colorectal Cancer Screening Practices for Inmates and Its Clinical Follow-up on Screenings (Report 25-057, May 20, 2025)

Washington Post, Prisons bureau failed to screen inmates for colorectal cancer, watchdog says (May 20, 2025)

shorts250530

Sentencing Commission Releases 922(g) Data: About 7,500 people are convicted every year for 18 USC § 922(g) offenses, the US Sentencing Commission reported last week.

funwithnumbers170511The USSC said men accounted for 98% of all convictions, with 58% of them being black, 21% white and 17% Hispanic. The average age for defendants at conviction was 36 years old.

The defendants were overwhelmingly US citizens (95%). About 24% were Criminal History Category III and another 24% fell into Criminal History VI (the highest category).

USSC, Section 922(g) firearm offenses (May 22, 2025)

shorts250530

BOP Director Calls Rebuilding Alcatraz “Exciting Opportunity”: BOP Director William K. Marshall III, who has less than $200 million in his FY 2025 budget to make $3 billion in infrastructure repairs to existing prisons, told Fox News a week ago that his team is actively exploring the possibility of reopening Alcatraz, the 330-bed penitentiary on an island in San Francisco Bay.

excited250530Marshall called the project – a late-night idea President Trump hatched late on his inaptly-named “Truth Social” site a month ago – an “exciting opportunity” and one that aligns with the Trump administration’s law-and-order priorities.

Last week, KTVU-TV reported that estimates to make the repairs needed to reopen Alcatraz as a prison are close to $1 billion, plus another $40 million to $100 million a year in maintenance.

Corrections1, BOP director: Reopening Alcatraz is an ‘exciting opportunity’ (May 23, 2025)

KTVU, Bureau of Prisons director ‘excited’ about reopening Alcatraz as max-security prison (May 23, 2025)

– Thomas L. Root

Former BOP Officials Support Supreme Court Compassionate Release Petition – Update for May 29, 2025

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

FORMER BOP OFFICIALS SUPPORT COMPASSIONATE RELEASE CERTIORARI

scotus161130A month ago, I reported that the 6th Circuit ruled that USSG § 1B1.13(b)(6), the compassionate release guideline subsection that lets courts consider overly long sentences that could not be imposed under current law, exceeded the Sentencing Commission’s authority. Several other circuits have held the same, notably the 3rd Circuit in United States v. Rutherford.

Rutherford is now before the Supreme Court on a petition for certiorari. The Justices have already relisted the case for more consideration (usually an indication that it is getting a serious look) at tomorrow’s conference.

Evidence of the Court’s interest came in Tuesday’s announcement that the Court would review a related issue, Fernandez v. United States. The issue in that case is whether whether a combination of “extraordinary and compelling reasons” supporting a sentence reduction under 18 USC § 3582(c)(1)(A) can include reasons that may also grounds for setting aside a sentence under 28 USC § 2255, the federal habeas corpus statute that can be used to attack the constitutionality of a conviction or sentence.

We'll see about that...
We’ll see about that…

In Fernandez, a district court granted the prisoner a “compassionate release” for reasons that included the court’s belief that there was substantial evidence that he was actually innocent of the murder and that his sentence was disparately long compared to those of his co-defendants (who became informants). The 2nd Circuit reversed (and ordered Joe back to prison), holding that factors that would work for a § 2255 motion could not be relied on for § 3582(c)(1)(A) compassionate release.

The Circuit’s holding was contrary to decisions of the First and Ninth Circuits, which have each held that district courts are not restricted from considering matters under 18 USC § 3582(c)(1)(A) other than the sole restriction – rehabilitation alone cannot support compasionate release – set forth in the law by Congress. The Supreme Court will decide what limits, if any, cabin a judge on what he or she may consider as extraordinary and compassionate reasons for compassionate release.

Fernandez is Rutherford’s spiritual cousin. I would not be surprised to see certiorari granted to Rutherford, and the two cases being combined for argument and decision.

Rutherford is notable for something else: Supporting petitioner Rutherford are amicus briefs, including ones filed by FAMM, six clinical law school professors, and 12 former federal judges. Most interesting may be an amicus brief by former Bureau of Prisons officials (now corrections consultants) represented by civil rights attorney Scott Lewis at Boston firm Anderson & Krieger.

prisonhealth200313Spotlighting the BOP healthcare crisis, the brief argues that expanding access to compassionate release for inmates serving unusually long sentences would benefit the BOP because “aging, unhealthy inmates consume a disproportionate share of BOP’s scarce resources, which has cascading effects on federal prison operations and the safety and security of BOP staff, as well as inmates… [a]nd the thousands of prisoners potentially eligible for compassionate release who are serving ‘unusually long sentence[s]’ with ‘gross disparity…’ are especially likely to become elderly and unhealthy or disabled in prison.”

United States v. Bricker, Case No. 24-3286, 2025 U.S.App. LEXIS 9538 (6th Cir. April 22, 2025)

Fernandez v. United States, Case No. 24-556 (certiorari granted May 23, 2025)

Rutherford v. United States, Case No. 24-820 (petition for certiorari pending)

Brief of Amici Curiae Former Bureau of Prisons Officials In Support of Petitioner, Rutherford v. United States (filed March 5, 2025)

– Thomas L. Root

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