Dr. M Blatstein's Blog, Preparation, Sentence Mitigation

CONFUSION ABOUT THE PROCESS AND LIMITED TRAINING ARE PASSED ON TO CASE MANAGERS NATIONWIDE—NO INCENTIVES, JUST MORE WORK AND AIC COMPLAINTS. 

A GREAT CONCEPT RELEASED NATIONWIDE TO A BOP STAFF FALLS SHORT ONCE RELEASED SINCE THE 2018 FSA LAW.

From LISA LEGAL 9/19/2024: In keeping with its policy of maximum opacity, the BOP issued a public statement saying only that “numerous inmates” skipped lunch and that BOP employees “are looking into why.”  ↑ Above ↑

• They were protesting alleged violations of the First Step Act (FSA), a 2018 reform law that allows AICs to shorten their sentences by obtaining Earned Time Credits.
  • In response, prison officials threatened to transfer 600 men to “the worst prisons in the United States,” needless to say, the men were frightened.
  • Patricia Richman, federal public defender: Many people could go to home confinement, and BOP seems to be ignoring that.

    • “It is common for the Bureau of Prisons (BOP) to deny releasing someone if they cannot find a bed in a halfway house, but that is not the law. A lot of people could be placed on home confinement, and the BOP seems to be ignoring that.”

  • Susan Beaty, a staff attorney with the California Collaborative for Immigrant Justice: “This is an endemic problem,” “It’s happening at the BOP facilities all over the country. I sense that BOP doesn’t take seriously their obligations under the First Step Act.” 

Pavlo knows why, as Pavlo reported that “[p]risoners told me that the BOP is not being clear about its position on First Step Act credits being awarded, and many believe they are now being held against the law. Some provided information that confirms they could have been placed on home confinement months ago…”

Pavlo wrote that “case managers are confused over which one should be used for planning purposes. It may seem obvious that the Conditional Release Date would make more sense, but that is not how it is working.”

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THEREFORE, WHILE THIS WAS A “GREAT CONCEPT,” ITS ROLLOUT, DESCRIBED BELOW, WAS VERY PREMATURE AS CASE MANAGERS, AIC, AND THEIR FAMILIES ARE ALL STRESSED.

BUT THOSE WHO HAVE FOUND THEMSELVES STILL INCARCERATED BEYOND WHAT THE FSA 2018 LAW INTENDED, HAVE LOST THE MOST.

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2024: Unfortunately, the initial rollout did not go smoothly, leaving a trail of misery from ⇒ every BOP Facility and AIC ⇒ straight back to Grand Prairie, TX, and then to ⇒ Washington, DC.

NEW: The BOP is taking steps towards earlier release dates. While these steps are aspirational, they signify a positive direction.

The CORE of this New Policy rests in these “three key dates.” But Is It Best To Be Considered A Concept Until Proven Effective?

• FTC Conditional Placement Date: The date when an AIC may be eligible for pre-release placement based on earned FSA Time Credits.
• Second Chance Act (SCA) Conditional Placement Date: The date when an AIC may be eligible for release under the SCA. SCA eligibility requires an individualized assessment and is not guaranteed.
• Conditional Transition to Community Date: The earliest possible release date, based on a combination of FTCs and SCA eligibility.
  • For eligible individuals, this could include recommendations for direct home confinement, bypassing RRC placement where appropriate.

The caveat is that these are individual decisions made by the unit team, case manager, and possibly the warden. Therefore, personalities are involved, and if this is just an additional “job” that they have to do without any incentives for the unit team and case managers, its effectiveness is uncertain.

Managing the BOP Central Office in Grand Prairie, TX, and coordinating all the prisons and the multitude of BOP staff trained and aligned nationwide is a significant and complex task.

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ADDED TO THIS. The AIC’s goal (after getting over the fear and panic of prison) is to make a great first impression on skeptical BOP staff. Some staff members may initially view their work as a job or harbor negative feelings toward all inmates. On the positive side, many staff members may have read the inmate’s file, compelling narrative, and the beginning of a release plan before meeting the inmate. Although it may not be smooth sailing, they now may be more open without explicitly staying so.

Everyone handles prison in their own way, but having a planned daily routine and knowing what to expect before you get there can ease some of your fears and those of your family. Preparation includes a well-written Personal Narrative and (the beginning of a) Release Plan before the Presentence Interview, to be included in the PSR. There is much more, but the BOP now giving staff the authority to DESIGNATE AIC DIRECTLY TO HOME, AND NOT HALFWAY HOUSE, is long overdue.

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Dr. Blatstein (Marc)
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