Tag Archives: FCI Dublin

A Mea Culpa and A Chocolate Bunny – Update for March 31, 2023

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

EASTER BUNNY DROPS OFF ROTTEN EGGS FOR ME, BUT IT’S THE BOP’S RESPONSE THAT REALLY SMELLS

rotteneggs230331In LISA’s February 28th installment, The Easter Bunny’s Working for the BOP, I noted a New York Times report about the Federal Bureau of Prison’s promise, in the wake of sexual abuse of female inmates by BOP staff at FCI Dublin (California) and elsewhere, to favorably consider bringing sentence reduction motions for victimized inmates.

In one of the first tests of that promise, the Times reported the BOP general counsel denied a compassionate release application filed by a middle-aged female inmate who claimed the sexual abuse she suffered from BOP personnel justified the grant of a sentence reduction.

The Times said that BOP officials familiar with the case privately admitted that they did not dispute her allegations and thought her release would not pose a public safety threat.

Somehow, I made it less than clear that the BOP thought the inmate would not pose a danger to the public. In fact, I dropped the word “not” from the reports, making it seem that the BOP saw her as a danger.

(Don’t bother to look at the old post. I fixed it).

gutenberg230331Back in journalism school (around the time Gutenberg invented the press), I learned that when a defendant was acquitted, one should always write that he or she was “found innocent.” Literally, a jury does not find a defendant innocent, but rather “not guilty.” However, the imprecision was deemed acceptable, because to use the more accurate “not guilty” ran the risk that the word “not” might be dropped in error, opening the newspaper to a libel suit.

I always thought that the risk of that was pretty slim. Now I know better, and I am chagrinned at the error.

I’m embarrassed, but not as much as the BOP should be. What the BOP’s decision on this inmate means is that it had absolutely no reason for denying the inmate’s request that it bring a compassionate release motion on her behalf, except for the BOP’s belief that while she suffered at the hands of BOP employees, her suffering just wasn’t bad enough for the BOP to acknowledge.

So exactly how bad does the abuse have to be before the BOP figures some atonement is called for?

Incidentally, last week former FCI Dublin Warden Ray Garcia was sentenced to 70 months on multiple counts of sexual abuse of female inmates, and Jose Viera, a CO at MDC Los Angeles, got 120 months in federal prison for deprivation of rights under color of law arising from his sexual abuse of a female detainee. BOP Director Colette Peters said last Thursday that “to the victims and all negatively impacted by these offenses, be assured, we will continue our commitment to rooting out this criminal behavior and holding those who violate their oath accountable.”

chocobunny230330The BOP has an interest in locking up employees who sexually abuse inmates. Notably, Director Peters mentioned nothing about any BOP concern for the impact of that conduct on the victims.  After all they’re just inmates.  Or, to use Ms. Peters’s expression, “adults in custody.”

I regret my error in the original story, and I owe the inmate the best pickings from my Easter basket (if I get one). Sadly, if I could give her no more than a couple of jelly beans and a chocolate bunny, it would still be more than she can expect from the BOP.

The New York Times, Justice Dept Struggles to Carry Out Early Release Program for Abused Inmates (February 22, 2023)

DOJ, Former Bureau of Prisons Corrections Officer Sentenced to 10 Years in Federal Prison for Sexually Assaulting Inmate in Los Angeles Jail (March 20, 2023)

BOP, Statement regarding the sentencing of Ray J. Garcia (March 23, 2023)

– Thomas L. Root

Here Comes the Easter Bunny – Update for February 28, 2023

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

THE EASTER BUNNY’S WORKING FOR THE BOP


bunny230228I still get asked several times a week about the persistent rumor that the Bureau of Prisons or Joe Biden or Congress or someone is going to give every inmate a time cut because incarceration during COVID was so miserable.

The “someone” is probably the Easter Bunny. I hear that the BOP would be asking the EB to deliver the time cut to every inmate in a nice basket with green plastic grass, jelly beans and a big chocolate rabbit.  Except the BOP cannot…

Because there ain’t no Easter Bunny. And there ain’t no COVID time cut, either. Such a cut has never been proposed, never been debated, and is never happening.

Harder to believe than the part about the Easter Bunny is the part about the BOP having any compassion for inmates… and that includes inmates who have been sexually assaulted by the BOP’s own employees. The New York Times reported last Wednesday that the BOP has rejected the first inmate request that it recommend compassionate release because she had been sexually abused by male employees at FCI Dublin. The reason is sobering.

forcedsex161202Last fall, Deputy Attorney General Lisa O. Monaco pressed BOP officials to encourage inmates who have been assaulted by prison employees and might qualify for compassionate release program to apply. Monaco told FAMM that she had ordered the new BOP Director Colette S. Peters, to “review whether BOP’s policy regarding compassionate release should be modified to accommodate female prisoners who had been assaulted by federal employees,” according to the Times.

Ms. Peters has said she has begun to consider requests from inmates who have been abused and are not deemed to be threats to the community if they are granted their release.

In late January, the BOP general counsel denied an application filed by a middle-aged woman who claimed her experience made her eligible for compassionate release. She is among a number of women who have detailed pervasive misconduct during their incarceration. This case – “the first of its kind to make its way through the system — is seen by prisoners’ rights groups as a key test of the department’s commitment to use so-called compassionate release protocols for victims of abuse,” the Times said.

The Times quoted the BOP general counsel as acknowledging that the inmate’s “assertions of being groped and forced to disrobe by male staff members were ‘extremely concerning,’ but described her documentation of those claims as insufficient.”

The Times said that BOP officials familiar with the case have privately said they do not dispute her allegations and think the inmate’s release would not pose a public safety threat.

easterbunny230228The BOP characterized the rejection as “temporary.” The Times said the rejection “reflect[s] a broader struggle by the Justice Department to free inmates abused in federal custody, when appropriate.” 

No doubt the Easter Bunny will be bringing the inmate her approval with the jelly beans.  Except that there is no Easter Bunny. 

New York Times, Justice Dept. Struggles to Carry Out Early Release Program for Abused Inmates (February 22, 2023)

– Thomas L. Root

A Short Rocket From (Or To) The BOP – Update for December 9, 2022

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

Today we offer our occasional “short rocket” of BOP news – not all of it good – from the past weeks.

rocket190620

EX-WARDEN GARCIA CONVICTED, FSA CRITICISM, PRIVATE PRISONS CLOSE, DOJ BLASTS BOP OVER WHITEY BULGER

AUSA Gets Sex Predator Warden: The former warden of FCI Dublin, a federal women’s prison southeast of San Francisco,  was convicted in Oakland federal court on Thursday of molesting inmates and forcing them to pose naked in their cells.

sexualassault211014Ray Garcia was found guilty of all eight charges and faces up to 15 years in prison. He was among five workers charged with abusing inmates at Dublin, who claimed they were subjected to rampant sexual abuse including being forced to pose naked in their cells and suffering molestation and rape.  The trial was noteworthy for the government arguing to jurors that they should believe inmates and former inmates over Garcia, perhaps one of the few examples in recent history of the government believing inmates over guards.

Garcia, 55 years old, retired from last year after the FBI found nude photos of inmates on his government-issued phone. Garcia was charged with abusing three inmates between December 2019 and July 2021.

At trial, Garcia claimed he had photos of naked inmates because he had caught them engaging in sex, and the pictures were evidence of their offenses. Confronted with the fact that he had never filed disciplinary reports against the women he had photographed, he explained he had forgotten to write them up.

Prosecutors introduced evidence that Garcia’s abuse of several inmates followed a pattern that started with compliments, flattery and promises of transfers to lower-security prisons, and escalated to sexual encounters. Garcia is charged with abusing three inmates between December 2019 and July 2021, but others also said he groped them and told them to pose naked or in provocative clothing. Jurors deliberated over parts of three days following a week of testimony, including from several of Garcia’s accusers and the former warden himself.

“Instead of ensuring the proper functioning of FCI Dublin, he used his authority to sexually prey upon multiple female inmates under his control,” U.S. Attorney Stephanie Hinds said, calling Garcia’s crimes a betrayal of the public trust and his obligations as a warden.

Santa Rosa Press-Democrat, Ex-Dublin prison warden convicted of sexually abusing inmates (December 8, 2022)

LA Times, Ex-warden of California federal women’s prison goes on trial for inmate abuse charges (November 28, 2022)

Four Years After First Step, Earned Time Credits Still Unsettled: The BOP’s recent press release and program statement on First Step Act time credits allowed for a grace period until December 31 for inmates to complete needs assessments, and eliminated the rule that credits earned after an inmate was within 18 months of release could not count for sentence reduction rule.

mumbo161103Writing in Forbes last week, Walter Pavlo noted that “the information provided by the BOP was lacking in specifics as to when this program will be fully implemented. The press release stated that ‘inmates will soon be able to see all potential Federal Time Credits (FTC) they may earn over the course of their sentence.’ The use of the term “soon” is relative and causes undue stress on both inmates and BOP staff.”

In fewer than three weeks, the First Step Act will be four years old. Pavlo rightly complains that setting firm deadlines like “soon” and with “a poor track record thus far… the BOP has no timetable for having this new program statement put into action. In the interim, there are inmates in prison who could, because of this program statement, be released, placed in halfway house, placed on home confinement, or placed on CARES Act home confinement.”

Pavlo argues that while “there is no complexity to many of these calculations… there is no central authority named to conduct these assessments between the program statement announcement and the implementation of an automated calculator.” The BOP has already lived through two FSA credit calculators, the one that was implemented last January when the Dept of Justice forced the BOP to turn 180 degrees on its draconian proposed rules, and the second – touted as “an application to fully automate calculations” due last August but not implemented (with disastrous results) in October.

That October automated calculator now goes back to the drawing board, “making it over a year since the Final Rule that inmates will have clarity on what FSA will mean to them,” Pavlo wrote.

Forbes, First Step Act Delays Continue In The Bureau of Prisons And People Are Locked Up Beyond What The Law States (November 30, 2022)

BOP, P.S. 5410.10, First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C. § 3632(d)(4) (November 17, 2022)

BOP, First Step Act Time Credits Policy Released (November 18, 2022)

BOP Inmates Out of Private Prisons: The BOP announced last week that consistent with President Biden’s January 2021, Executive Order, the agency has ended all contracts with privately managed prisons. The contract with the last private prison, McRae Correctional Facility in Georgia, ended on November 30, 2022.

The BOP said, “All BOP inmates previously housed in these private prisons have been safely transferred to BOP locations without incident.”

Since the mid-1980s, the BOP maintained contracts for 15 private prisons, housing about 29,000 federal inmates.

An interesting factoid buried in the BOP press release: the agency said it “employs 34,813 staff.” This is a substantial decrease from just a year ago, when the BOP reported 36,739 workers.

BOP, BOP Ends Use of Privately Owned Prisons (December 1, 2022)

‘BOP Lied, Whitey Died,’ DOJ Inspector General Says: In a report which should shock no one familiar with the Bureau of Prisons – except that the Dept of Justice took so long to produce it – the Inspector General has concluded that a chain of bureaucratic errors, incompetence,  health system failures, and deliberate falsification resulted in the bludgeoning death of celebrity crime boss James (Whitey) Bulger within 12 hours of his arrival at USP Hazelton in 2018.

The Inspector General determined that BOP officials at USP Coleman approved downgrading Whiteyr’s medical status from Care Level 3 to 2 solely to get BOP approval to transfer him from Coleman – where he had spent eight months in the Special Housing Unit after allegedly threatening a nurse – to Hazelton (a place known with some justification as “Misery Mountain”). The decrease in Care Level (and omission of any reference in the transfer papers to his life-threatening cardiac condition) came after a prior attempt to transfer Whitey was stopped by BOP Central Office medical staff because of his age and medical condition.

lockinsock181107Despite Whitey being a celebrity prisoner due to his notorious past, Hollywood treatment of his life, and his history of being a federal informant, over 100 people inside the BOP knew of his transfer. At USP Hazelton, even before Whitey’s arrival inmates were taking bets on how long he would survive before being killed.

Nevertheless, the BOP took no extra security precautions. As a result, within 12 hours of his arrival at Hazelton, Whitey was placed in general population and beaten to death with a padlock inside an athletic sock (colloquially known as “a lock in a sock“).

Mr. Bulger’s death was preventable and resulted from “staff and management performance failures; bureaucratic incompetence; and flawed, confusing, and insufficient policies and procedures,” the IG concluded.

A curious observation in the Report noted that BOP staff should have considered that the eight months Whitey spent in the Coleman SHU “in a single cell before his transfer from Coleman caused him to state in a September 2018 Psychology Services Suicide Risk Assessment that ‘he had lost the will to live,’ and may have affected his persistence upon arriving at Hazelton that he wanted to be assigned to general population.”

A weird twist: In 2019, accused sex predator Jeffrey Epstein allegedly killed himself in BOP custody amid rumors that the death was not what it seemed. Those conspiracy theories are largely debunked. But now, perhaps Whitey actually did commit “suicide-by-inmate” in a death that otherwise was clearly a murder.

DOJ, Investigation and Review of the Federal Bureau of Prisons’ Handling of the Transfer of Inmate James “Whitey” Bulger (December 7, 2022)

New York Times, Investigation Finds Errors and ‘Incompetence’ Led to Whitey Bulger’s Death (December 7, 2022)

– Thomas L. Root

Trick or Treat: The Sequel – Update for October 31, 2022

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

TRICK-OR-TREAT – PART 2 (IN WHICH BOP DIRECTOR IS HOPING FOR ‘CHOCOLATE HEARTS’ INSTEAD OF A THUG HUG)

What we kids used to call “Halloweening” (I know, it’s not really a verb, but a lot of non-verb words are being used as verbs these days) continues today.

hugathug221031BOP Director Colette Peters sat for her first national media interview last week, telling Associated Press reporters Michael Balsamo and Michael Sisak – who have covered BOP crises, scandals and miscues in detail for the past three years – that skeptics who denounce her approach to running a prison system “hug a thug” are simply wrong.

Peters didn’t mind that, but she offers a different term: “chocolate hearts.” Her ideal BOP employee, she said, is as interested in preparing inmates for returning to society after their sentences as they are in keeping order while those inmates are still locked within the prison walls. She said she wants to reorient the agency’s hiring practices to find candidates who want to “change hearts and minds” and end systemic abuse and corruption. She told the AP she would not rule out closing problematic prisons, though there are no current plans to do so.

chocolatehearts221031Chocolate hearts or the ‘Thug Squeeze’, Peters nevertheless is still dealing with problems she inherited when she took the director’s job last August, and those problems are many.

Trick: Ruben Montanez-Mirabal (Montanez), a nurse at FDC Miami, was indicted last week on charges of bribery, smuggling contraband into prison and possession with intent to distribute K2.

According to the indictment, Montanez posted Instagram photos of him in a Lamborghini, a Rolls Royce and a McLaren. When one person wrote back to Montanez about how much he was paying for these cars Montanez responded, “Absolutely nothing. It’s all about having the right contact.” The cars were owned by the inmate at FDC Miami who was cooperating with authorities.

Treat: Peters won praise from Sen. Jon Ossoff (D-GA) for her decision to join him in inspecting USP Atlanta last Wednesday.

“I want to be really clear, I’m not here to tell you the problems are solved,” Ossoff told reporters. “We saw encouraging signs of improved management and I heard a firm commitment from the new leadership to continue improving this facility and safeguarding public safety in the community.”

The BOP emptied USP Atlanta of prisoners a year ago amid reports of rampant staff corruption, decrepit facilities and drug use and contraband possession among inmates. “We saw encouraging signs of improved management and I heard a firm commitment from the new leadership to continue improving this facility and safeguarding public safety in the community,” Ossoff said. However, he warned, “I’m a long way from being prepared to declare that the problem has been solved.”

callback221031Trick: While Peters was getting lauded by Sen Ossoff, she was taking it on the chin in Fort Worth. The Fort Worth Star-Telegram, which has been covering staff abuse and miserable conditions experienced by the female inmates and conditions at FMC Carswell, the BOP women’s medical center in Fort Worth, asked Peters for an interview on September 7. A BOP spokesman declined on her behalf, saying Peters’ “schedule is very full her first few months, but we can re-visit this request in the future.”

To determine when Peters may be available, the Star-Telegram requested her appointment calendar through a Freedom of Information Act request. Last week, the newspaper reported that the BOP told it the FOIA request would take a while because it “must be searched for and collected from a field office.” One month later,” the Star-Telegram said, it “had not received Peters’ calendar.”

On October 11, the Star-Telegram again requested to speak with Peters regarding abuse at FMC Carswell. A BOP spokesperson once again said “the director’s schedule does not permit an interview at this time.”

Treat: The FCI Dublin sex abuse scandal is working its way toward resolution. Last Thursday, a former BOP corrections officer accused of sexually abusing inmates there pleaded guilty.

Enrique Chavez entered a plea to one count of abusive sexual contact with a prisoner. Chavez was a food service foreman there two years ago when he locked the door to the pantry and fondled an inmate.

Chavez was the fifth Dublin employee to be charged with sexual abuse of inmates since June 2021. Others include the prison’s former warden and a chaplain. He is the third to have pleaded guilty.

computerhaywire221031Trick: Auto-calc, the new BOP computer app created to automatically calculate inmates’ earned-time credits” suffered a technical glitch as it was launched earlier this month (only 60 days late).

Instead of recognizing inmates’ ETC credits, NBC News reported Friday, “some said the opposite occurred, which suddenly shifted their release dates to a later time than they had anticipated. In extreme cases, some prisoners already released to halfway homes were erroneously told that the new calculations indicated they were deficient in the necessary credits and they would have to return to prison.”

Director Peters told NBC News on Thursday that prisoners’ time credit calculations are now accurately reflected and it was “unfortunate we had some IT glitches as it rolled out.”

“When you move from a human calculation to an automation, you always hope that the error rate drops, and so that’s our hope as well going forward,” she said.

AP, US Bureau of Prisons chief pledges hiring reforms amid staffing crisis (October 25, 2022)

Forbes, Federal Prison FDC Miami Nurse Indicted On Contraband Charges (October 24, 2022)

WSB-TV, Atlanta’s federal penitentiary being inspected after inmates could come and go through holes (October 26, 2022)

Ft Worth Star-Telegram, Bureau of Prisons continues to evade questions about sexual abuse at Fort Worth prison (October  27, 2022)

Corrections1, Federal prison worker pleads guilty to inmate sex abuse (October 28, 2022)

NBC News, Tech glitch botches federal prisons’ rollout of update to Trump-era First Step Act (October 28, 2022)

– Thomas L. Root

BOP Director to Be Grilled By Senate Judiciary Committee Today – Update for September 29, 2022

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

DURBIN TO GRILL BOP DIRECTOR AT THURSDAY JUDICIARY HEARING

peters220929When Colette Peters was sworn in last month as BOP director, her honeymoon with Sen Richard Durbin (D-IL), chairman of the Judiciary Committee, lasted all of three days.

Durbin’s dislike of prior Director Michael Carvajal was well known, and publicly, the Senator was elated at Peters’ appointment. But when Durbin learned the BOP had given Carvajal a 30-day consulting contract to assist the new director with the transition, he was much less enthused.

At the time, Durbin threatened to hold another oversight hearing on the BOP. He is about to make good on that threat.

The Judiciary Committee will conduct a BOP oversight hearing today. Peters is the primary witness, but other witnesses include Shane Fausey, President of the Council of Prison Locals national union; John Wetzel, a prison consultant and former head of the Pennsylvania Dept. of Corrections; and Cecilia Cardenas of Davenport, Iowa.

It is not clear who Ms. Cardenas is, but a person of that name and from that area was released by the BOP last January.

understaffed220929

Fausey is probably on the witness list because of his outspoken criticism of BOP staffing levels. Fausey told a reporter last week that much of the BOP staffing decline is due to declining morale as general environmental conditions are declining. He said BOP staff is “exhausted” as mandatory overtime has “skyrocketed” at high-security institutions across the country.

Last week, BOP employees at FCI Raybrook in upstate New York posted a sign along a highway there saying the federal prison is “dangerously understaffed” and asks the community if it feels safe.

I expect that a major topic of discussion will be the Federal Prison Oversight Act, introduced yesterday by Sens Jon Ossoff (D-GA), Mike Braun (R-IN), and  Durbin. The Federal Prison Oversight Act, according to a Durbin press release, will require the Dept of Justice’s Inspector General to

conduct comprehensive, risk-based inspections of the [BOP’s] 122 facilities to identify problems that affect incarcerated people and staff and to provide recommendations to address them.  It will require the IG to assign each facility a risk score, with higher-risk facilities required to be inspected more often.  Under the bill, the IG must also report its findings and recommendations to Congress and the public, and the BOP must respond to all inspection reports within 60 days with a corrective action plan.

The bill will also establish an Ombudsman within DOJ to investigate issues that adversely affect the health, safety, welfare, or rights of incarcerated people or staff, and who would report dangerous findings directly to the Attorney General and Congress.  The Ombudsman would also be tasked with creating a secure hotline and online form to be made available for family members, friends, and representatives of incarcerated people to submit complaints and inquiries regarding issues within BOP. 

forcedsex161202No doubt Peters will be asked pointed questions about sexual assault of female prisoners. Last week, she issued a statement saying she was “firm in my commitment to work with the BOP team, Department of Justice (DOJ) leadership, the Office of Inspector General (OIG), Congress, and others as I begin to assess and address issues and concerns pertaining to the BOP and the Federal Correctional Institution (FCI) Dublin.”

The former warden and four other FCI Dublin employees face criminal charges for sexually assaulting female inmates.

Peters may as well be asked about the sexual assault scandal at FMC Carswell, the only medical center for women in the BOP system. The Ft Worth Star-Telegram last week reported that a former federal Bureau of Prisons staff member who pleaded guilty to raping two women at a prison in Fort Worth was sentenced to 18 months in prison — half the time one of his victims is serving for drug possession.

Luis Curiel pleaded guilty to two counts of sexual abuse of a ward while he was a lieutenant at Carswell. He was sentenced to concurrent 18 months for each charge. According to court documents, Curiel admitted to meeting three women at separate times near a staff elevator and forcing them into sexual acts.

If the Committee runs short of topics for Director Peters, it may inquire about an Oklahoma City TV report last week that a widow is still seeking answers about her husband’s death at FTC Oklahoma City.

missingcorpse220929Nearly two weeks after Jonathan Patterson Days died suddenly at the FTC, his wife told reporters says she still doesn’t know what happened to him and the facility hasn’t returned his body.

Abbie Alvarado-Patterson said she asked the chaplain, “when do I get his body back? He said, ‘you want his body back?’” She said the BOP chaplain couldn’t give her any additional information about what happened, including a timeline for returning the body

Associated Press, Senate to hold hearing on crisis-plagued federal prisons (August 5, 2022)

Senate Judiciary Committee, Hearing Notice (September 29, 2022)

Associated Press, Senators push new oversight to combat federal prison crises (September 28, 2022)

Press Release, Durbin, Ossoff, Braun Introduce Bipartisan Bill To Overhaul Federal Prison Oversight (September 28, 2022)

News Nation, Experts warn prison staff shortage put lives at risk (September 23, 2022)

KTVU-TV, Prison director vows to ‘change the culture’ at FCI Dublin (September 23, 2022)

Ft Worth Star-Telegram, Fort Worth prison officer gets lighter sentence for assault than victim’s drug sentence (September 20, 2022)

KFOR-TV, ‘This man was loved’: Wife demands answers after husband dies in federal custody (September 21, 2022)

– Thomas L. Root

You’ve Got Mail, Director – Update for September 15, 2022

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

‘WE’VE GOT SOME CONCERNS, DIRECTOR’

The Sentencing Project, which recently reported on the large number of people serving sentences of longer than 10 years (52% of BOP inmates have such sentences, about average for the nation’s prison systems), sponsored a letter last Tuesday to BOP Director Colette Peters.

dungeon180627The letter asked her “to bring the Bureau into compliance with federal law and to lead the Bureau toward a more humane future grounded in transparency and accountability.” It cited “inadequate medical care, overcrowding, staff shortages, unsanitary conditions, violence, and abuse” in facilities across the BOP system. It noted that when “COVID-19 first threatened federal prisons, the Bureau could have embraced compassionate release as a tool to reduce the prison population and protect the most vulnerable people in federal prisons. Instead, the Bureau chose to attempt to use solitary confinement and lockdowns to reduce the spread of COVID-19, a practice internationally condemned as torture. Today, COVID-19 restrictions still define life within federal prisons, including 78 level three facilities which remain under intense modifications with minimal access to rehabilitative programming.”

At the end of last week, the BOP reported 477 inmates and 716 staff sick with COVID, spread over 110 facilities.

The letter called on the BOP to “use its power to file motions for compassionate release in extraordinary or compelling circumstances.” As well, it asked the BOP to step up calculating and applying time credits, complaining that agency foot-dragging was “keeping people from their loved ones months after they should have qualified for release to community corrections.” Ironically, this demand came only two days before the BOP issued its memo (see preceding story).

prisoncorruption2310825Finally, the letter cited FCI Dublin, USP Atlanta and USP Thomson as emblematic of BOP “of corruption and abuse and inaction.” The letter said, “We urge you to set a new standard and lead the Bureau towards transparency and accountability. The men and women incarcerated in federal prisons deserve safety, health, compliance with federal law, and to be treated with dignity.”

Not mentioned was FCI Carswell. Last week, Rep. Marc Veasey (D-TX) urged the House Committee on the Judiciary to hold a hearing in North Texas to investigate sexual assaults in federal prisons, in response to a Fort Worth Star-Telegram investigation into systemic sexual abuse and cover-ups at a federal prison in Fort Worth.

The paper reported that its request to interview Director Peters about Carswell had been denied because her schedule “is very full her first few months, but we can re-visit this request in the future.”

busy220915No doubt she’s quite busy, but with all due respect, the issues being complained about are serious and may be system-wide. Being unable to find a few hours to prepare and sit for an interview with a newspaper that is laser-focused on the issue (one which is attracting some Congressional concern) seems somewhat short-sighted, even if only from a public relations angle.

Sentencing Project, How Many People Are Spending Over a Decade in Prison? (September 8, 2022)

Sentencing Project, Formerly Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons (September 6, 2022)

Ft. Worth Star-Telegram, Congressman calls for federal investigation into ‘horrors’ at Fort Worth women’s prison (September 7, 2022)

– Thomas L. Root

A Couple of Short Takes – Update for May 19, 2022

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

TIME ENOUGH FOR A QUICKIE…

Quickie #1 – FAMM Lobbies for Compassionate Release for Dublin Victims: In a letter sent last week to Deputy Attorney General Lisa Monaco, FAMM President Kevin Ring asked the Dept of Justice to recommend compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) to female Bureau of Prisons inmates who suffered sexual assault at hands of FCI Dublin corrections officials and officials.

compassion210903The letter notes that the BOP has statutory authority under U.S.S.G. §1B1.13 to identify “’other reasons,’ that alone or in combination with recognized criteria merit compassionate release. Sexual assault by BOP personnel of incarcerated women is an exceptional abuse of trust. The trauma resulting from such victimization is without doubt an extraordinary and compelling reason justifying consideration for compassionate release.”

FAMM, Letter to Lisa Monaco (May 9, 2022)


supervisedrevoked181106Quickie # 2 – Supervised Release Violations as Double Punishment: In a first comprehensive analysis of “criminal violations” and supervised release – cases where people violate their supervision by committing new crimes – Penn State law professor Jacob Schuman argues that revocation for criminal conduct inflicts unfair double punishment and erodes constitutional rights. When defendants on supervised release commit new crimes, he writes, prosecution without revocation is a better and fairer way to punish them.

Virginia Law Review, Criminal Violations (Feb 15, 2022)

– Thomas L. Root

Ratting Out the Federal Bureau of Prisons – Update for May 10, 2022

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

AP WANTS TIPS ON BOP MISMANAGEMENT

About three summers ago, Associated Press reporters Michael Balsamo and Michael Sisak wondered how Jeffrey Epstein, at the time probably the highest-profile federal inmate in America, was able to commit suicide while in constantly-monitored single-cell lockdown.

lazyguard191127They found that “the dysfunction surrounding Epstein’s suicide — guards sleeping and browsing the internet, one of them pulled from a different prison job to watch inmates, both working overtime shifts — wasn’t a one-off but a symptom of a federal prison system in deep crisis.”

Since then, Balsamo and Sisak have reported on sexual abuse at FCI Dublin, crumbling infrastructure and chronic staffing shortages, pervasive criminal misconduct among BOP employees, and management fiascos like the December 2020 executions at USP Terre Haute that turned into COVID superspreader events.

Finally, in January, they broke the surprise resignation of BOP Director Michael Carvajal, a Trump administration holdover, and his top deputy.

snitchin200309Last week, AP published a retrospective that included a surprising invitation to “whistleblowers, inmates and their families, and anyone else who suspects wrongdoing or knows what’s going on and tells us about it” to contact AP online or the reporters by email with tips about the BOP.

What might there be to tell? Congressman Randy Weber (R-Texas) may have a suggestion. After another inmate died at USP Beaumont in a fight with a fellow prisoner on May 1st, Weber – a member of the BOP Reform Caucus – wrote Carvajal to express his “dismay[] that, time and time again, the especially dire situation at FCC Beaumont remains neglected by the BOP… I have been informed by COs at USP Beaumont that BOP has used the emergency recall system several times to fill vacant posts. Actions like this only serve as a band-aid to the underlying problems.”

Weber told Carvajal that he “want[s] to be part of the solution, especially at FCC Beaumont, but first, these problems need to be acknowledged soberly by BOP leadership.”

The latest killing happened the same week that AP’s Balsamo and Sisak reported that Carvajal’s March visit to FCI Dublin – site of rampant sexual abuse of female inmates by staff (including the prior warden) – was sabotaged by Dublin employees.

charliebrownfootball220510“Officials moved inmates out of the special housing unit so it wouldn’t look as full when the task force got there,” AP reported, “and they lied to Carvajal about COVID-19 contamination so inmates in a certain unit couldn’t speak to him about abuse.”

One inmate did manage to confront Carvajal on the rec yard, and spent 15 minutes describing in graphic detail of her alleged abuse. She “grew increasingly upset,” the story said, “calming down only after prison officials brought her tissues. She was eventually taken out of the room and brought to a prison psychologist, where she was offered immediate release to a halfway house. She objected. She wanted to wait so she could tell her story publicly to congressional leaders expected at the prison.”

However, “Bureau of Prisons and Justice Department officials told the woman that because she was a potential witness, she couldn’t talk about the investigation.” She was hustled off to a halfway house.

So far, the Biden Administration has not announced a replacement for Carvajal.

Associated Press, The story so far: AP’s investigation into federal prisons (May 4, 2022)

Rep Randy Weber, Letter to BOP Director Carvajal (May 2, 2022)

Associated Press, Abuse-clouded prison gets attention, but will things change? (May 5, 2022)

– Thomas L. Root

Congressional Committees Pile On BOP Sex Abuse Scandal – Update for March 10, 2022

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

BOP BEATDOWN CONTINUES (DESERVEDLY)

Eight members of the House of Representatives have joined the fracas over the BOP’s mismanagement at FCI Dublin (California) where the rampant sexual abuse of female inmates has led to the arrests of four employees, including the former warden and chaplain.

PREA220310Last week, the legislators – including members of the House Judiciary Committee and oversight subcommittees – wrote to BOP Director Michael Carvajal demanding a copy of the Prison Rape Elimination Act audit conducted at FCI Dublin, California, by the end of the month.

(The last PREA audit of FCI Dublin, which reported that everything was just peachy, occurred in 2017, even while the “Rape Club” was in full flower. That’s hardly surprising: “In 2020, Associated Press reported“the same year some of the women at Dublin complained, there were 422 complaints of staff-on-inmate sexual abuse across the system of 122 prisons and 153,000 inmates. The agency said it substantiated only four of those complaints and that 290 are still being investigated. It would not say whether the allegations were concentrated in women’s prisons or spread throughout the system.” That’s a one-percent  rate (or a three-percent rate, if you count only the investigations completed, having faith that the 290 still being investigated two years later have a snowball’s chance of concluding in favor of the inmate complainant).

The group also asked DOJ Inspector General Michael Horowitz to conduct an inspection at Dublin. In a letter to the IG, they said:

We were first made aware of the systemic issues plaguing FCI Dublin through the detailed articles and investigations completed by several reputable news sources earlier this month… These writings detailed how the all-women inmate population at FCI Dublin has allegedly been subjected to rampant sexual harassment and abuse at the hands of predatory male employees like former Warden Ray Garcia, former Chaplain James Theodore Highhouse, Prison Safety Administrator John Bellhouse, and recycling technician Ross Klinger.

As well, the Senate Judiciary Committee is also examining recent BOP problems. On February 23rd, Senate Judiciary Committee Chairman Richard Durbin (D-IL) and Ranking Member Chuck Grassley (R-IA) asked DOJ for information on recent reports of BOP employee misconduct and sexual abuse.

sexualassault211014Meanwhile, the Dublin problems only worsen. DOJ said last week it is “gravely concerned about allegations that a high-ranking federal prison official entrusted to end sexual abuse and cover-ups at a women’s prison known as the “rape club” may have taken steps to suppress a recent complaint about staff misconduct.”

AP reported last week that BOP Deputy Regional Director T. Ray Hinkle has been accused of attempting to silence a female employee who said she had been harassed by an FCI Dublin manager by meeting with her personally in violation of established protocols.

“These allegations, if true, are abhorrent, and the Department of Justice takes them very seriously,” DOJ told AP.

Hinkle, who pledged to staff that he would help Dublin “regain its reputation” during a stint as acting warden that ended this week, was also admonished by his BOP bosses for sending all-staff emails that were critical of agency leadership and policies. In one email, AP said, Hinkle complained he was unable to defend himself in news reports airing allegations that he bullied whistleblower employees, threatened to close Dublin if employees kept speaking up about misconduct, and stonewalled a Congresswoman who sought to speak candidly with staff and inmates at the prison last month.

prisonhealth200313The BOP was also blasted last week for poor planning in its contract with private healthcare contractor NaphCare for some inmate medical services. The Bureau awarded NaphCare a three-year blanket purchase agreement in 2016 to care for inmates in home confinement and halfway houses. The contract had an initial ceiling value of less than $4 million, but officials used the agreement to add on some $52 million in additional health care services. Then, the BOP issued sole-source awards to extend the same contract for three more years – one year at a time – all against federal contracting regulations.

The IG says it’s still auditing the contract with NaphCare, but the issues are serious enough to warrant management attention now.

AP, House Dems demand to see investigation into rapes at Dublin women’s prison (March 4, 2022)

Legal Examiner, Sex Abuse, Corruption in U.S. Prisons to Be Examined By Lawmakers (March 2, 2022)

Pleasanton Weekly, Members of Congress demand investigation into ‘rampant’ abuse at Dublin prison (March 7, 2022)

AP, ‘Abhorrent’: Prison boss vexes DOJ with alleged intimidation (March 4, 2022)

Federal News Network, Certain agencies miss getting a clean audit bill of health for differing reasons (February 28, 2022)

– Thomas L. Root