Archive March 2020

Prisons and Jails are unprepared; COVID-19

COVID- 19 in Prisons and Jails are unprepared and may now be forced to recommend, in some cases alternative diversion sentences and/or home confinement.
I can only believe that the PSR could play a significant roll in this process.

Six feet apart, unlikely

6' apart, unlikely

Why; because COVID-19 in Prisons (Federal, State) and  Jails, like Cruise Ships, unfortunately, act as perfect breeding grounds for any kind of virus and especially one that currently has no treatment protocols.

‘Those 55 and older are a growing share of the people in prisons. They’re also the most at risk as coronavirus spreads.’ By WEIHUA LI and NICOLE LEWIS with The Marshall Project, 3-19-2020

Couple this with the unprecedented delay of the federal government to act in any manner to assist state governors since January 2020, COVID-19 has exploded across the country expodentially! These same prisons and jails are already overcrowded, resulting in a healthcare disaster ready to get out of control.

Also from the Marshall Project: Jails are perfect incubators for COVID-19.” By Cary Aspinwall, Keri Blakinger, Abbie VanSickle and Christie Thompson

ICE Now could be another vector waiting to explode, impacting immigrants and ICE officers alike. While ICE claims to “have a plan”, the horse has already left the barn.
While some states have canceled prisoner work-release programs, and all states have banned or strictly limited prison visitation, prison workers at North Carolina chicken plants are still at their posts. Are these same chickens ok for us to eat?
Florida beaches covered with 1000’s on spring break.
All of this while COVID-19 is spreading across our country and the world. As a growing number of state governors urged all of us to Shelter in Place, in Florida, their beaches were covered with 1000’s on spring break.
You ask why and I have no idea. But these revelers are now on their way home to spread the virus throughout their families, friends and fellow workers’ personal space. Yet another vector.
The spread of COVID-19 from these beaches will ultimately whether direct or indirectly impact our prison system.
In Summary: COVID-19 In Prisons
If at all possible for defendants facing their sentencing hearing, the PSR properly completed may be able to provide the court with another option, as opposed to being incarcerated. Because once detained, it may be too late should the defendant be older than 55/60, along with having other medical compromising factors.
John Hopkins has a Live Interactive Dashboard
Provides Current Reported Cases of COVID-19. Use our interactive web-based map to track cases of the virus around the world

UpToDate/Coronavirus disease 2019 (COVID-19)

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Recent Press Releases:

Mar 21, 2020; Forbes; Can US Prisons React Fast Enough To COVID-19? By Walter Pavlo

March 22, 2020; Assistant U.S. Attorney Tanya Hajjar –  – wrote that no inmates at the Metropolitan Detention Center (MDC) in Brooklyn, NY or any other federal facility had tested positive for the coronavirus. What she failed to mention is that the BOP was not doing any testing of prisoners. ByJ.J. O’Hara

3-23-2020;

At least 38 people in New York City jails have contracted the virus. Associated Press

First federal prisoner, in Brooklyn, tests positive for COVID-19. Associated Press

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#covid19 #Covid19Prison #covidBOP

Federal Prison Placement Preparation

Incorporate these federal prison placement data points:

Federal prison placement includes Medical and Mental Healthcare needs to be implemented through the BOP CARE LEVELS I-IV Structure

Psychological Treatment

  • I) Brave Program A first-timer young male offender 32 years of age or younger, facing a sentence of 60 months or more
  • II) Challenge Program A male inmate facing a high-security penitentiary with a current diagnosis of either: Mood, Anxiety, Schizophrenia, Delusion and/or a Substance-induced Psychotic Disorders
  • III) Mental Health Step Down A male or female who lacks the skills to function in a general population prison setting and is willing to work with Psychiatry Services.
  • IV) Resolve A male or female with a current diagnosis of a mental illness related to physical, mental and/or intimate domestic violence or traumatic PTSD
  •  V) Skills A significant functional impairment due to intellectual disabilities, neurological and/or remarkable social skills deficits such as Autism Spectrum Disorder, Obsessive Compulsive Disorder, Epilepsy, Alzheimer’s, Parkinson’s or Traumatic Brain Injuries (TBIs) to mention just a few.
  •  VI) Stages  A male inmate with a serious mental illness and a primary diagnostic of Borderline Personality Disorder, along with a history of unfavorable institutional adjustment.
  • VII) Sex Offender Non-Residential Single Sex Crime; or first time Internet Sex Offense
  • VIII) Sex Offender Residential Multiple sex crimes.
  • IX) Butner’s Commitment and Treatment Program for Sexually Dangerous Persons, Page 12Is considered for sexually dangerous persons with the possibility of criminal recidivism
  • X) Female Integrated Treatment Is a female with substance abuse (RDAP Eligibility Possible), trauma-related disorders, and other mental illnesses. (FIT) Program

Medication availability falls into 3 tiers:

  1. On the BOP Formulary (available).
  2. Non-Formulary; these require a lengthy preauthorization process.
  3. Last: these are just not available. While similar medications are substituted, how is their efficacy verified?

Security Requirements

  1. Offense Level vs Criminal History Calculation
  2. Criminal History Calculation
  • +3 points for each prior sentence > 1 Year + 1 Month.
  • +2 points for each prior sentence > 60 days, not counted above.
  • +1 point for each prior sentence, <= 60 days not counted above; for up to a maximum of 4 points in this category.
  • +2 points for each revocation that has a new charge or occurs under federal supervision.
  • + 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because such sentence was treated as a single sentence, up to a total of 3 points for this subsection.

The BOP and Prison Security Level Placement

  1. (Program Statement P5100.08, Chapter 4: Pages 5-13 and Chapter 5: Pages 12-13)

Helpful articles in preparation for the sentencing hearing;

  1. Judges are interested in placement recommendations; By Alan Ellis, • THE FEDERAL LAWYER • September 2017
  2. When recommending a facility placement; BY ALICIA VASQUEZ AND TODD BUSSERT, How Federal Prisoners Are Placed, Published in Criminal Justice, Volume 31, Number 1, Spring 2016. © 2016 by the American Bar Association
The Presentence Report – A Medical, Medication, and Security Requirement Referral

PPRSUS.com

As found in my LinkedIn 2/29/2020 post