Tag Archives: BOP

Ending the Summer With the Rocket’s Red Glare – Update for September 29, 2023

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

rocket190620This weekend marks the end of summer, maybe not astronomically or meteorologically, but Monday the Supreme Court begins its next term, called “October Term 2023.”  Fall is here, but first, we’re going to end the summer with a short rocket:

DOES NOT COMPUTE

The BOP announced in late 2022 that it was developing a calculator to project the maximum number of earned-time credits – now being called FSA credits – a prisoner could earn at the outset of a sentence. That way, a prisoner would know upfront his or her projected release date and the date that halfway house or home confinement could begin.

notcompute230929You may have been skeptical, recalling that in 2022, the BOP promised monthly auto-calculation of FSA credits (with more launch dates than North Korea’s missile program) that never happened, either. August became September became October, then November, and finally January. Writing in Forbes magazine last week, Walter Pavlo reported that the BOP has likewise been unable to determine likely dates for prerelease custody, depriving inmates of benefits of FSA credits to which they are entitled by law because the BOP is unable to scramble to arrange halfway house or get residence approval for home confinement.

What’s worse, Pavlo reported, “there is no date for when this calculation issue will be addressed. Until then, prisoners continue to line up outside of their case manager’s office to plead their case that their release date is closer than what the BOP is calculating. As one prisoner told me, ‘My case manager said, ‘the computer tells your release date and it could be tomorrow, or next week, or next year, it does not matter to me. But I don’t have the ability to make that decision myself’.”

The BOP Office of Public Affairs told Pavlo that “credits cannot be applied to an individual’s projected release date until they are actually ‘earned.’ Further, as an individual can earn 15 days of time credits, and as there is no partial or prorated credit, it is feasible that earned credits could be greater than the number of days remaining to serve. However, the earned time credits are ‘in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment.’ Simply stated,” Pavlo said, “the credits are earned, and they cannot exceed the remaining time to serve at the point they are earned.”

bureaucracybopspeed230501The BOP’s position, according to Pavlo, is that “ordinarily, the applicability of time credits towards pre-release custody will be limited to time credits earned as of the date of the request for community placement. However, in an effort to ensure eligible adults in custody receive the maximum benefit, the agency is developing additional auto-calculation applications that will calculate a “Conditional FSA Release Date” and an “Earliest Conditional Pre-Release Date” which would include the maximum FTC benefit.”

Basically, the BOP is still trying to figure out how to implement a First Step program it knew about 5 years ago.

Forbes, Bureau of Prisons’ Challenges With First Step Act Release Dates (September 17, 2023)

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SCHUMER MAY ADD CRIMINAL JUSTICE PROVISIONS TO NEWLY-REFERRED MARIJUANA BILL

Fresh from getting the Senate Senate Majority Leader Charles Schumer (D-NY) indicated yesterday that he may attach criminal justice reform language to the cannabis banking bill that just passed the Senate Banking Committee on Wednesday.

Speaking on the Senate floor, he said he was “really proud of the bipartisan deal we produced,” a reference to the Secure and Fair Enforcement Regulation Banking (SAFER) Act, S.1323. And while the legislation will be brought to a full Senate vote “soon,” Schumer promised to include “very significant criminal justice provisions” in it, Marijuana Moment reported.

Schumer didn’t say what those reforms might be noting he would “talk more about that at a later time.”

marijuana-dc211104“Attaching any additional provisions – let alone ones on criminal justice — could imperil SAFER‘s chances of winning Senate approval, according to the finance website Seeking Alpha. “Prior attempts to add criminal justice language into marijuana-related legislation has led to controversy.”

In May, Schumer said a marijuana banking bill would have social justice reforms and criminal expungement language attached. And in 2022, Sen. Cory Booker (D-NJ) said he would favor a “SAFE Banking Plus” bill that includes criminal justice reforms.

Marijuana Moment, Schumer Touts Bipartisan ‘Momentum’ Behind Marijuana Banking Bill That He Plans To Bring To The Floor ‘Soon’ With More ‘Criminal Justice Provisions’ (September 28, 2023)

Seeking Alpha, Schumer indicates he may tie in criminal justice to marijuana banking bill (September 28, 2023)
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$117 A DAY WON’T BUY YOU PERFORMANCE

Maybe that’s all the performance you can expect for $117 a day. That’s what the BOP said last week is the current average cost of incarceration based on fiscal year 2022 data. The average annual COIF for a Federal inmate housed in a halfway house for FY 2022 was $39,197 ($107.39 per day).

BOP, Annual Determination of Average Cost of Incarceration Fee (COIF), 88 FR 65405 (September 22, 2023)
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HAZELTON BOP UNION SAYS EMPLOYMENT STANDARDS HOBBLE STAFFING AS SHUTDOWN LOOMS

Picket signs waved all day long last Friday as members of the FCC Hazelton local 420 union representing the prison say the staffing shortage has gotten so bad officers have to work 16-hour shifts 4 to 5 days a week, with stringent employment standards partly to blame.

Union President Justin Tarovisky says the prison is currently short-staffed by more than 80 corrections officers. He complained that the union held a recruiting event where they took in 60 applicants, but the BOP office in Grand Prairie, Texas, that oversees these applications has been disqualifying applicants for superficial reasons.

hazeltonpicket230929“A lot of that common sense hiring has left this agency,” Tarovisky told WDTV, a Weston, WV, television station. “They’re handcuffing these applicants that are applying and disqualifying them for simple errors and it’s not our staff that’s disqualifying them, we can’t even get them in the door to interview them because they’re being disqualified by people halfway across the country.”

There have been only 10 new staff hired at Hazelton this year despite the desperate need with some other prison staff members having to take on the duties of corrections officers. Tarovisky says the prison needs to be able to hire applicants directly to keep officers and community members safe.

The grueling hours are taking a toll on prison staff wellbeing and many are feeling the impact at home. A Dept of Justice Office of Justice Programs report in 2020 found that the suicide rate of corrections officers is seven times higher than the national average.

From the “You Think Things Are Bad Now” department: ABC News reports that all 34,537 BOP employees would still have to go to work if the government closes for lack of funding on Sunday, leaving them without a paycheck during the period of the shutdown.

“A shutdown is absolutely devastating for our members,” Brandy Moore-White, the president of CPL-33, told ABC News. “Not only do our members put their lives on the line every single day to protect America from the individuals incarcerated, but now they’re having to go out… and figure out how they’re going to pay their bills and how they’re going to feed their families.”

All government employees are guaranteed pay during the time of the shutdown, but that money is not paid until after the shutdown ends. If you’re living paycheck to paycheck, the promise of money next week does not buy you groceries today.

WDTV, Hazelton Prison corrections officers protesting hiring practices (September 22, 2023)

ABC News, Government shutdown would be ‘devastating’ for Bureau of Prisons employees (September 27, 2023)

– Thomas L. Root

Director Peters, It’s Not Like You Weren’t Warned – Update for September 15, 2023

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

TOLD YOU SO

shipwreck230915When Bureau of Prisons Director Colette Peters appeared for her first oversight hearing with the Senate Committee on the Judiciary about 51 weeks ago, it was an hour and a half on the Love Boat. But it’s now clear after the beating she suffered at the Committee’s hands two days ago that her ship is taking on water and the pumps can’t keep up.

Last October, I cited the friendly advice Director Peters received from the Committee about questions from legislators. I wrote

Finally, something even Peters acknowledged to be a cautionary tale: Sens Grassley, Cotton and Jon Ossoff (D-GA) all complained to her that various letters and requests for information they have sent to the BOP have gone unanswered, sometimes for years. This was a failing that former BOP Director Carvajal was beaten up with during his tenure. Not answering the mail from pesky Senators and Representatives may seem like a small thing to BOP management – it certainly has gone on for years – but if Peters wants the Judiciary Committee lovefest to go on, she should not let her staff anger Congress over something so easily corrected. Carvajal was regularly lambasted for similar failings. Peters should profit from his example.

Alas, Director Peters does not appear to be a regular reader of this blog, because she chose not to profit. The results were predictable: When she sat in front of the Committee two days ago, Peters was lambasted by friend and foe alike for a continuation of the BOP’s sorry habit of secrecy. Written questions submitted by Committee members a year ago remain unanswered, and all she could offer the senators was a milquetoast explanation that those answers must go through a “review process” and that she was as frustrated as the Committee was.

C’mon, Colette. Who’s “reviewing” these questions, most of which call for a simple factual response? (Examples from Wednesday: How many males-turned-transgender-females have been placed in federal women’s prisons? How many COs are employed by the BOP?) Providing these answers is not rocket surgery. The numbers are the numbers. How much ‘review’ of the numbers is needed?

knifegunB170404The hearing was painful. Many of the senators seemed more concerned with scoring political points on crime and LGBTQ issues than about issues broadly important to the BOP. And Director Peters seemed woefully unprepared, relying on a series of “talking points” unresponsive to the questions she should have expected. It’s as if she brought a knife to a gunfight.

The Associated Press wrote that Peters

was scolded Wednesday by members of the Senate Judiciary Committee who say her lack of transparency is hampering their ability to help fix the agency, which has long been plagued by staffing shortages, chronic violence and other problems. Senators complained that Colette Peters appears to have reneged on promises she made when she took the job last year that she’d be candid and open with lawmakers, and that ‘the buck stops’ with her for turning the troubled agency around.

After an hour and a half of senatorial belly-aching about being ghosted by Director Peters, Sen. Richard Durbin (D-IL), chairman of the Committee and as much a fan of Director Peters as he was a nemesis to former Director Carvajal, admonished her, “Senators take it very personally when you don’t answer their questions. More than almost any other thing that I would recommend I’d make that a high priority.”

Committee questions careened from the sublime to the absurd. Durbin observed that the Committee largely agreed that the BOP “needs significantly more funding” for staffing and infrastructure needs, including a $2 billion maintenance backlog. Peters told the Committee the BOP was studying how to reduce reliance on restrictive housing – read “solitary confinement” – and studying how other prison systems handle the issue.

cotton171204She also reported that the BOP had increased new hires by 60% and reduced quitting by 20%. Nevertheless, the agency still only has 13,000 correctional officers where 20,000 are needed, and it still relies on “augmentation,” using non-COs to fill CO shifts. Sen. Tom Cotton (R-AR), a professional inmate-hater who wants to increase inmate populations while excoriating the BOP for being unable to manage the load with too little money and too few staff, complained that Peters had hired too few COs (the “meat eaters,” he called them) while bringing on too many non-COs (whom he derisively called “leaf eaters”).

Cotton invited Peters to accompany him on an inspection of FCC Forrest City, an invitation she accepted with a pained smile. Spending a day with Tom Cotton, the man who tried to blow up the First Step Act… almost as nice as a root canal without novacaine.

Other senators complained that the Mexican cartels might be obtaining blueprints for BOP facilities, that transgender females were being placed in BOP female facilities and sexually terrorizing female inmates (with very little said about BOP staff sexually terrorizing female inmates), and that the BOP decided that people on CARES Act home confinement were allowed to stay home (a decision made by the Dept of Justice, not the BOP).

Sen. Sheldon Whitehouse (D-RI) invented a new word: “recidivation.” Sen. Ted Cruz (R-TX) chastised Peters for not having the facts he wanted to hear at her fingertips. Sen. Lindsey Graham (R-SC) led a Republican charge against BOP transgender policy, with more than one senator suggesting that transgender inmates number in the thousands. He also became testy when Peters failed to provide specifics about how the BOP is combatting the use of contraband phones by inmates.

Sens. Amy Klobuchar (D-MN), Thom Tillis (R-NC) and Jon Ossoff (D-GA) asked pointed but thoughtful questions. Ossoff suggested what many have long believed, that the institution audits required by the Prison Rape Elimination Act are meaningless paper exercises. As for BOP staffing, Tillis candidly observed that hiring more COs “is our job as well as yours.”

Ossoff perhaps best summarized the flavor of the hearing when he warned Peters: “You’ve now been in the post for about a year and Congress expects results.”

Senate Committee on the Judiciary, Oversight of the Federal Bureau of Prisons (September 13, 2023)

Associated Press, Senators clash with US prisons chief over transparency, seek fixes for problem-plagued agency (September 13, 2023)

– Thomas L. Root

Twenty Rocky Years of PREA – Update for September 8, 2023

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

BITTERSWEET ANNIVERSARY FOR PREA

PREAAudit211014Bureau of Prisons Director Colette Peters last week commemorated the 20th anniversary of the Prison Rape Elimination Act in a statement that acknowledged “our dedicated employees who have worked diligently over the last two decades to uphold the letter of the law” while she hinted at PREA’s rocky ride with the BOP culture over the past two decades.

“The culture of the past which tolerated abuse and failed to meet the promises of PREA,” she warned, “will be met with swift justice. All individuals in our custody have a right to be physically, mentally, and sexually safe.”

Putting an ugly asterisk on her statement, former BOP employee Gregory Barrett, described by the Lexington Herald Leader as a “senior officer at a federal prison in Lexington” (the FMC Lexington minimum security prison camp for women) pled guilty to sexual abuse of an inmate multiple times between June and July 2022, according to the plea agreement. Last October, Barrett threatened and intimidated an inmate witness to the crimes, telling her to “keep her mouth shut” and suggesting retaliation if she reported the crime.

sexualassault211014Washington Post columnist George Will, writing about the doctrine of qualified immunity a week ago, said, “Americans would gag if they had an inkling of what occurs, unreported, in prisons. Americans should, however, be sickened when judges, with hairsplitting misapplications of qualified immunity, openly abet governmental malfeasance that allows prison violence. When prisoners depend on protection by governments that cannot be held accountable for culpable indifference, mayhem proliferates, lethally.”

BOP, PREA 20-Year Anniversary (September 1, 2023)

Lexington, Kentucky, Herald Leader, Former federal prison officer in Lexington pleads guilty to sexually abusing an inmate (August 29, 2023)

Washington Post, Four prison murders lead to a sickening ruling on ‘qualified immunity’ (August 23, 2023)

– Thomas L. Root

Back To School After a 30-Year Break – Update for July 19, 2023

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HEADED PELL MELL FOR A COLLEGE DEGREE

There is no truer lesson in the criminal justice milieu than this: education is the enemy of recidivism.

A BOP release last week trumpeted that “as of July 1, 2023, all provisions of the FAFSA Simplification Act related to incarcerated students are active… Pell Grant[s are] now available to all qualified incarcerated people to further pursue post-secondary education…. While this process must be initiated and managed by the individual postsecondary school, the BOP eagerly awaits the increase in partnership opportunities.”

grad190524There was a time when the BOP and colleges partnered all over the country for in-prison programs.  And it worked. Inmates participating in secondary education programs behaved better and custodial officials viewed them as “easier to manage.”  Programs throughout the United States also reported decreases in recidivism for inmate-students by as much as 57%. One program that once had reported 80% recidivism saw numbers drop to 10% in the early 1980s. Three out of four inmates who received some type of higher education were able to find sustainable employment within the critical first three years after release.

Yet despite decades of effectiveness, prisoner access to Pell Grant aid was revoked in the Violent Crime Control and Law Enforcement Act of 1994. At that time, politicians in both major parties portrayed the aid as a handout to the “undeserving.”  The 1994 law reflected public discontent with Pell Grant eligibility for inmates by blocking inmates from receiving higher education financial assistance.

In the final year of Pell Grant eligibility in prisons, inmates accounted for $56 million in funding out of $9.3 billion – six-tenths of one percent – allocated for federal higher education aid. But within Within three years of the passing of the Crime Bill, only eight prison higher education programs were left standing.

It only took three decades, but Pells are back. The Dept of Education estimates that reauthorization could allow about 760,000 additional people to become eligible for Pells through prison education programs when fully implemented.

Colleges are willing partners because the Pell Grants are a fount of money. But inmates will benefit from the education and FSA credits. It should be a win-win.

BOP, Pell Grants Restores Possibilities for Incarcerated People (July 12, 2023)

The Marshall Project, Students Behind Bars Regain Access to College Financial Aid (July 8, 2023)

Washington Post, Educational aid for prisoners works. Yet it’s politically precarious (August 22, 2022)

– Thomas L. Root

Is Senate Fed Up With BOP? – Update for July 13, 2023

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ENOUGH IS ENOUGH, SENATORS MAY BE TELLING BOP

Phineas T. Barnum reputedly said, “there’s no such thing as bad publicity.” But P.T. Barnum never served as Director of the Federal Bureau of Prisons.

badpublicity230714It’s been a rough ride. First, the Dept. of Justice Inspector General has issued a scathing report of BOP mismanagement and maladministration that led to the suicide of high-value celebrity prisoner Jeffrey Epstein and the murder of Whitey Bulger. There has been a steady stream of death-of-a-thousand-cuts reports of BOP employees being convicted of everything from inmate sexual abuse to cellphone smuggling to COVID fraud. The Washington Post fumed last week that “regardless of the offense, any unnatural death in custody is a failure of the prison system.”

This week has seen well-loathed U.S. Gymnastics doctor Larry Nassar – serving an endless string of life sentences for an endless string of revolting assaults of women gymnasts – stabbed multiple times at USP Coleman by attackers unknown. BOP employees promptly blamed the attack on a short-staffed facility.

It wasn’t long before the Associated Press reported that Nassar was attacked inside his cell, “a blind spot for prison surveillance cameras that only record common areas and corridors.” The AP said, “In federal prison parlance, because of the lack of video, it is known as an ‘unwitnessed event.’”

It isn’t clear that even full implementation of the Prison Camera Reform Act (Pub.L. 117-321), hardly prevented Capitol Hill from finally having had enough of the BOP follies.

Enough is more than enough. After several half-hearted attempts to address BOP management weaknesses, a bipartisan group of senators yesterday announced the introduction of the Federal Prison Accountability Act of 2023 (no bill number assigned yet), intended to increase oversight at federal prisons.

FPAA would require the president to seek Senate advice and consent when appointing the BOP director, who would be appointed to a single, 10-year term. Sen. Charles Grassley (R-Iowa), ranking member of the Senate Judiciary Committee, said requiring Senate confirmation of the BOP director would “bring badly needed transparency and accountability to the federal prison system.”

“The Director of the Bureau of Prisons leads thousands of employees and expends a massive budget,” Grassley said in a press release. “It’s a big job with even bigger consequences should mismanagement or abuse weasel its way into the system.”

sexualassault211014It took awhile to get here. Following an 8-month investigation last year that revealed rampant sexual abuse of female prisoners and a failure to prevent recurring sexual abuse, Sen. Jon Ossoff (D-GA) introduced the Federal Prison Oversight Act (S.4988) late last year. The bill – which would have required the DOJ Inspector General to conduct inspections of the BOP’s 122 correctional facilities, provide recommendations to problems and assign each facility a risk score – was window-dressing, a political statement with no chance of passage in the waning days of the 117th Congress.

Three months ago, however, Ossoff introduced a revised version of FPOA (S.1401), with Rep. Lucy McBath (D-GA) filing a companion bill in the House (H.R.3109). The new FPOA would have, among other actions, created a hotline for prisoners to report misconduct.

mismanagement210419Now, three months later, the latest effort to reform federal prisons would subject the BOP director to the same congressional scrutiny as other law enforcement agency chiefs such as the director of the FBI, which Senate Minority Leader Mitch McConnell (R-KY) said is needed. “The Director of the Bureau of Prisons oversees more than 34,000 employees and a multi-billion dollar budget, and should be subject to Senate review and confirmation as well,” McConnell said.

Grassley introduced FPAA along with McConnell and Sens Kyrsten Sinema (I-AZ), Rand Paul (R-KY), Mike Lee (R-UT), John Cornyn (R-TX), Marco Rubio (R-FL) and Marsha Blackburn (R-TN), Mike Braun (R-IN) and Ossoff. With that kind of legislative horsepower behind it – not to mention black eyes like Jeffrey Epstein, Whitey Bulger and Larry Nasser – it’s safe to predict that Director Colette Peters may be the last BOP Director to not be approved by the Senate.

The Hill, Bipartisan senators introduce bill to increase federal prison oversight (July 13, 2023)

Sen. Charles Grassley, Senators Introduce Bipartisan Bill to Increase Accountability at Federal Prisons (July 13, 2023)

Associated Press, Larry Nassar was stabbed in his cell and the attack was not seen by prison cameras, AP source says (July 11, 2023)

Associated Press, Former federal prison guard sent to prison for violating civil rights of injured inmate (July 11, 2023)

Washington Post, Jeffrey Epstein’s suicide reveals grave failures of U.S. prisons (July 10, 2023)

– Thomas L. Root

Getting Closer to Home? – Update for June 27, 2023

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

FOUR BOP FACILITIES HAVE ‘MISSIONS’ CHANGED

The Bureau of Prisons is changing the “mission” – that is, converting the populations – of four prison facilities to move the agency closer to the First Step Act’s ideal of housing prisoners within 500 road miles of their homes.

home190109FCI Oxford (Wisconsin), FCI Estill (South Carolina) and FCI Memphis (Tennessee) will convert from male medium-security to male low-security facilities. FCI Estill Satellite Camp will flip from male minimum-security to female minimum-security.

BOP Director Colette Peters told staff in an internal memorandum, “In support of the First Step Act, the BOP has identified locations to undergo mission changes to better afford an opportunity for individuals in our custody to be housed within 500 miles of their release residence.”

The First Step Act provided that the BOP should “place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence.” That directive, codified at 18 USC § 3621(b),  has more holes than a Swiss cheese factory.

The provision says that the 500-mile placement is “subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns…”

Any BOP employee who can’t find an exception in that statutory mush that justifies keeping a New Yorker, for instance, at FCI West Coast just isn’t very motivated.

One of President Biden’s first acts in office was to order that private prisons’ contracts not be renewed. “The unintended consequences of a move that had popular support with the public,” Walter Pavlo wrote last week in Forbes, “was that it pushed those prisoners in private prisons into BOP low-security prisons across the country… Prisoners were displaced all over the country and some incoming prisoners had to serve their time far from home where bed space was available. The reclassification of these prisons to low security, have the intended purpose of getting more people closer to home.”

rojas230627

Meanwhile, some BOP staffer’s unions are protesting Director Peters and the BOP’s chronic understaffing problems. A union protest last week near FCI Coleman, ironically enough, was broken up by local law enforcement, but not before the union took issue with the fact that the Director “won’t call inmates ‘inmates,’” said Union Advocate Jose Rojas. “She calls them ‘neighbors.’”

Union members invited onlookers to spin a roulette-style wheel prop that “represented the chance that prison staffers take every day when they have ‘neighbors’ such as the 8,000 inmates at the prison. Those ‘neighbors’ include serial child molester Larry Nassar notorious for years of abusing girl gymnasts, a Somali pirate and many of the nation’s most-hardened criminals,” The Villages-News reported.

“They don’t realize how dangerous it is. We might start seeing some ugly stuff,” Rojas said.

BOP, Mission Change for FCI Oxford Announced (June 21, 2023)

BOP, Three Locations to Undergo Mission Changes (June 13, 2023)

Forbes, Bureau of Prisons Changes in Works to Comply With First Step Act (June 23, 2023)

The Villages News, Picket permit revoked as prison guards try to issue warning in The Villages (June 22, 2023)

– Thomas L. Root

Some ‘Shorts’ – Update for June 13, 2023

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

Today, a “short rocket” of odds and ends collected over the last week or so…

THE SHORT ROCKET

rocket190620Editorial Calls For Change In BOP: In an editorial bemoaning recent reports on BOP facilities and management failings, the Washington Post on Saturday demanded passage of S.3545, The Prison Accountability Act of 2022.

The Federal Bureau of Prisons generally labors in obscurity, except when a high-profile inmate arrives, as Theranos founder Elizabeth Holmes did the other day, or when a notorious one passes away, most recently FBI-agent-turned-Russian-spy Robert Hanssen.  And yet its mission — housing roughly 159,000 people convicted of federal crimes humanely and securely, and then fostering their reentry to society — is crucial to the rule of law.  The BOP operates 122 facilities at a cost of about $8.4 billion in fiscal 2023, the second-biggest budget item, after the Federal Bureau of Investigation, in the Justice Department.  With more than 34,000 personnel, the BOP is the department’s largest employer.

mismanagement210419The editorial concluded that “[i]t’s time for more attention to be paid to the BOP. A steady flow of reports has documented an agency beset by chronic problems — unsanitary kitchens, sexual assaults, an astonishing recidivism rate of around 43 percent — in urgent need of reform.” Plugging the FPOA, the Post argued, “The BOP needs stable leadership, without which consistent policy cannot be sustained, let alone reformed. Its director should be nominated by the president for a single 10-year term, subject to Senate confirmation, like the director of the FBI. A measure proposed in both houses last year would make this change, yet it languishes… The need for structural change at the BOP is clear. So are the costs of inaction.”

Washington Post, How to end the dysfunction at the Federal Bureau of Prisons (June 10, 2023)

Another Presidential Hopeful Slams First Step Act: Mike Pence – who announced his candidacy for the Republican presidential nomination last Wednesday – told an Iowa town hall event that there’s a need to “rethink” First Step, signed by then-President Trump while Pence was serving as vice president.

lock200601“I think we need to take a step back and rethink the First Step Act,” Pence said at an Iowa town hall event. “I mean we’ve got a crime wave in our major cities, and I think now more than ever we ought to be thinking about how we make penalties tougher on people who are victimizing families in this country.”

Pence’s comments reflect how sharply the Republican position on crime and criminal justice reform has shifted in the roughly four years since Trump signed First Step into law.

The Spectator noted the recent Republican phenomenon, which began with Ron DeSantis – who himself voted for a House version of First Step back in spring 2018 – going after Donald Trump for signing the bill:

The GOP’s abandonment of criminal justice reform is likely a welcome change for tough-on-crime mainstays like Senators Tom Cotton and John Kennedy, who voted against the First Step Act, while the libertarian wing of the party will be vexed. The real story will be in how these internal fights are received by primary voters, as 80 percent of Republicans said crime is a real threat in communities in a March NPR poll. Which primary candidates can run the fastest from the perception that they might be gracious to criminals?

The Hill, Pence: Time to ‘rethink’ criminal justice reform bill signed by Trump (June 7, 2023)

The Spectator, The GOP is sprinting away from criminal justice reform (June 12, 2023)

BOP Employees Charged With Lying About Dying Inmate: A BOP correctional lieutenant and a nurse are accused of ignoring the serious medical needs of a man who died under their supervision at FCI Petersburg, federal prosecutors said.

medical told you I was sick221017BOP Lt. Shronda Covington was told the 47-year-old inmate, identified in the indictment as W.W., was eating out of a trash can, urinating on himself and falling down the day before his death in January 2021 at FCI Petersburg in Hopewell, according to court documents. However, she told federal investigators that W.W. was walking around his cell, doing pushups and listening to music on January 9, 2021, the indictment alleges.

Tonya Farley, a BOP RN, has been charged with filing a false report.

The employees were charged on June 6 with violating the man’s civil rights “by showing deliberate indifference to his serious medical needs, resulting in his death,” the United States Attorney’s Office for the Eastern District of Virginia said in a news release. The man died due to heart issues on Jan. 10, 2021, according to records obtained by The Associated Press.

Rock Hill Herald, Man accused of faking illness dies in prison after medical needs are ignored, feds say (June 8, 2023)

US Attorney’s Office, Two Federal Bureau of Prisons Employees Charged with Violating the Civil Rights of an Inmate Resulting in His Death (June 7, 2023)

– Thomas L. Root

Maybe Our Last COVID-19 Post – Update for June 1, 2023

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

A SHARP POST-MORTEM OF BOP’S COVID RESPONSE

covidneverend220627COVID is largely dead and gone, having been demoted from pandemic to endemic, allowing for a sober review of the BOP’s response. Last week, Stat – a Boston Globe health science publication – ran a statistics-based study of how BOP managed the pandemic. The review wasn’t pretty.

The study found that

•    BOP facilities with high-risk patients didn’t prioritize them –

The study noted that FMC Devens – a medical center – did not vaccinate a single inmate for Covid-19 until Feb 11, 2021 — “almost two months after its counterparts across the federal Bureau of Prisons got started.” Other facilities, including FCI Sandstone and FCI La Tuna, a federal prison in Texas with one of the highest cumulative Covid-19 case rates, didn’t begin vaccinating until February 2021, either. Other facilities appeared to receive shots shortly after the FDA authorized them but only vaccinated a fraction of their residents.

•    Federal prisons weren’t testing residents to prevent outbreaks –

By 2021, tests were widespread and cheap. Despite this, BOP prisons weren’t “even coming close to the CDC’s March 2021 recommendations that prisons should consider, at minimum, testing a random sampling of 25% of their incarcerated population each week.”

•    The BOP’s own accounting of its early Covid response is incomplete –

The BOP lacks data showing how many tests it ran earlier in the pandemic. Records show, for example, that one medical center, MCFP Springfield, did not test any inmates until June 2020. A BOP spokesperson told STAT the BOP “administered COVID-19 tests to the inmate population as early as March 2020” but had no idea how many tests were administered or when.

• A slow booster rollout –

People housed in prisons were among the first eligible for COVID boosters because of their high COVID risk. While several BOP prisons did well mounting quick booster campaigns — FCI Bastrop, a 900-person prison, administered nearly 550 shots in just two months — “booster rates at several prisons were shockingly low, months after additional shots were authorized.”

crazynumbers200519Commentators have complained for several years that the BOP’s COVID stats were deeply flawed, especially because of the agency’s practice of deleting from the total number of inmates who caught COVID people who were subsequently released or transferred to another facility. To this day, no one outside the BOP has any idea of the extent of the pandemic from April 1, 2020, to May 11, 2023.  As of the last day COVID stats were reported, the BOP said it had 43,681 inmates who had recovered from COVID. At its peak, the BOP reported more than 55,000 cases.

The study represents a stark illustration of the poor quality of BOP health services treatment of inmates and sketchy reliability of its data.

Stat, ‘Worse than what we thought’: New data reveals deeper problems with the Bureau of Prisons’ Covid response (May 23, 2023)

DOJ Inspector General, COVID-19 Interactive Data (May 12, 2023) 

– Thomas L. Root

It’s Peters Versus The ‘We Be’s’ At BOP – Update for May 31, 2023

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

TEN MONTHS IN, COLETTE PETERS’ JOB HAS NOT GOTTEN EASIER

peters220929Last week, Walter Pavlo – usually a strident critic of the Bureau of Prisons – wrote a somewhat hagiographic report on BOP Director Colette Peters’ efforts to change the direction of the agency.

Pavlo reported on the BOP’s late-April conference in Colorado of every warden and regional director in the BOP for a bi-annual meeting in Aurora, Colorado. “As part of the event,” Pavlo recounted, Peters “had those who were formerly incarcerated address the group to be a part of what Director Peters calls ‘Listening Sessions’. We… were provided a stage to speak to this group of corrections executives to talk about the challenges facing the BOP. In looking at the faces of those in the audience, it was a bit of a shock for them to hear from former inmates about how to better run a prison, but such is the new approach by Director Peters, who also promised a listening session from victims of crime as well. At the conclusion of the presentation, the audience politely applauded and Director Peters then rose from her chair to emphasize the importance of the event. Slowly, but surely, those wardens and regional directors also rose to show their appreciation, or their perceived buy-in of the event. Time will tell.”

Last week, Peters told Federal News Network that her greatest challenge is to be at BOP long enough to change the “we be’s” employed by the agency. “’We be’ here when you got here, ‘we be’ here when you leave,” she said. “And what I tell people is that isn’t what happened in Oregon. I was able to stay for ten years. I hope I’m able to have a significant tenure here in order to make that happen. But you are absolutely right. Real change happens, boots on the ground. It’s the wardens that we need to lean into. It’s the captains we need to lean into. It’s the lieutenants that can really, really establish and set that culture.”

revolvingdoor230531One thing Peters has in abundance is challenges. The DOJ Office of Inspector General reported in May on decaying BOP facilities and just last week told ABC News, “We’re seeing crumbling prisons. We’re seeing buildings that we go into that have actually holes in the ceilings in multiple places, leading to damages to kitchens, to doctor’s offices to gymnasiums. And they’re not being fixed.”

Earlier this month, the Government Accountability Office added the BOP to its ‘H List,’ citing the “BOP’s longstanding challenges managing staff and resources, and planning and evaluating programs that help incarcerated people have a successful return to the community.” The Partnership for Public Service recently issued its annual survey of the best and worst places to work in the government and the BOP ranked dead last among 432 agencies.

sadprison210525The BOP sex abuse scandal continues to fester, but it’s a good sign that the DOJ is being very public about it. Last week, the US Attorney in the Northern District of Florida announced that former recreation CO Lenton Hatten pled guilty to a one-count indictment charging him with sexual abuse of a female inmate at FCI Tallahassee.

Pavlo argues that “Colette Peters is a different leader but she is indeed a leader who is not afraid to establish a new direction for an Agency that is searching for one. Even if those who are in the BOP disagree with Peters’ approach, they all know that the path the Agency is on is not sustainable without change. Director Peters has, for now, the support of Congress, something that her predecessor lacked.”

Forbes, Colette Peters’ Challenge: Change The Culture Of The Bureau Of Prisons (May 22, 2023)

Federal News Network, How BOP Director Colette Peters plans to raise employee engagement (May 26, 2023)

ABC, Inside the crisis of the crumbling federal prison system (May 26, 2023)

US Attorney Northern District, Fla, Former Federal Correctional Officer Pleads Guilty To Sexual Abuse Of An Inmate (May 26, 2023)

– Thomas L. Root

Sort of like ‘Warden, a “60 Minutes” Crew Is At The Sallyport’ – Update for May 19, 2023

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

DOJ INSPECTOR GENERAL PUBLISHES FIRST REPORT ON SURPRISE INSPECTION OF BOP FACILITY

Another continuing story: Last week, I reported that the Department of Justice Inspector General said the BOP is falling down and the BOP was in institutional stasis.

IG230518The IG said that because of operational deficiencies at USP Atlanta and MCC New York (which has since been closed), its investigators set out to “assess how critical issues at BOP institutions are identified, communicated to BOP Executive Staff, and remediated.”

When the BOP Executive Staff told the IG that management “had been largely aware of the long-standing operational issues at USP Atlanta and MCC New York and expressed confidence in the BOP’s existing mechanisms to communicate information about operational issues.”

Almost as if to say, You want a for instance’?, the IG last week also released a report on its unannounced inspection of the low-security women’s prison at FCI Waseca. The report, resulting from a surprise inspection, uncovered “many significant issues,” according to KSTP-TV, and is “the first unannounced inspection under the DOJ Office of the Inspector General’s new inspections program, which is expected to include inspections at other federal prisons across the country in the coming months.”

The inspection, which occurred in late winter, was performed by a team of nine making physical observations, interviewing staff and inmates, reviewing security camera footage and collecting records. It found that Waseca was operating with only two-thirds of its normal staff complement, and that augmentation was taking a toll on services and operations. “We… identified staff shortages in both FCI Waseca’s health services and psychology services departments which have caused delays in physical and mental health care treatment. Such delays can potentially result in more serious health issues for inmates, create further demands on health care staff and increase the costs of future treatments,” Inspector General Michael Horowitz said.

The IG found

• Significant staffing shortages have cascading effects on institution operations.
• Substantial concerns with numerous blind spots, poor night vision, poor zoom quality, and an insufficient number of cameras.
• Significant challenge limiting the amount of contraband in the institution, specifically drugs.
• Institution management and staff frustration with the amount of time it takes to close a staff misconduct investigation.
• Long inmate program participation wait lists.

waseca230519
The report also documents ‘serious facility issues’ affecting the conditions for inmates, such as pipes leaking next to prisoners’ beds and roof damage leading to unsanitary food services situations.

The IG’s “unannounced inspection” program should give the BOP Central Office – which has long accepted (if not tacitly approved) BOP facility “inspections” which were nothing more than ‘dog and pony’ shows – some sleepless nights.

DOJ, Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Waseca (May 10, 2023)

Bringmethenews.com, DOJ: Surprise inspection of Waseca women’s prison finds ‘significant issues’ (May 12, 2023)

KSTP, Surprise inspection of Waseca prison uncovers ‘many significant issues,’ DOJ says (May 10, 2023)

– Thomas L. Root