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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

– Thomas L. Root

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

BOP MAIL SCANNING BILL INTRODUCED IN THE HOUSE

Legislation introduced by Representative Don Bacon (R-NE) proposes new procedures for handling mail in order to disrupt the flow of drugs into BOP facilities. It requires the agency to adopt a program to electronically scan all incoming inmate mail, give inmates an electronic copy of their mail within 24 hours of its reception, and deliver the original mail within 30 days if it’s drug-free.

The Interdiction of Fentanyl in Postal Mail at Federal Prisons Act, H.R, 5266, is based on a 2020 BOP interdiction pilot project that scanned inmate mail and “reduced the number of synthetic drug introductions via general postal mail to effectively zero over the pilot project period,” The Hill reported.

H.R. 5266 is an improvement over the old system, The Hill said, because while the pilot program destroyed the physical mail after scanning, “the proposed bill protects the right of incarcerated people to receive physical mail… Taking away the tactile experience of touching a handwritten letter, or smelling perfume on an envelope would likely have a negative impact on prisoner well-being, which can increase recidivism and antisocial behavior.”

It remains to be seen whether prisoners whose mail delivery is delayed while understaffed facilities scan all incoming letters and documents agree.

HR 5266, Interdiction of Fentanyl in Postal Mail at Federal Prisons Act

The Hill, A new bill will guard against lethal letters in US prisons (November 19, 2023)

– Thomas L. Root