THEIR SAFETY SHOULD BE PART OF YOUR SENTENCING AND PLACEMENT CALCULATION.
THE SEX OFFENDERS IN FEDERAL PRISON.
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Even with the best preparation and intentions, outcomes cannot be guaranteed.
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For issues pertinent to defense strategy, consider your client’s placement in preparation for their Presentence Interview. It is important for the court to consider your client’s safety by requesting the court grant initial placement into a Sex Offender Management Program (SOMP) while waiting for your client’s voluntary admittance into a SOTP Program.
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The Probation Officer will draft the official Presentence Report (PSR) after their interview and investigation. With preparation, your message stands a better chance of being included in the PSR and “on the record”.
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Being proactive in preparation for the PSI can head off some of the issues that may arise later for those facing longer sentences, e.g., 30 years. Higher security facilities such as USP Tucson, USP Coleman II, and USP Terre Haute may be the BOP default choices to house a higher percentage of sex offenders, inmates who have cooperated with the government, and those who are in bad standing with their gangs. However, when the inmate’s safety is in jeopardy, the BOP can lower its Public Safety Factor, thereby allowing placement in a lower-security facility. Whether all of this is done in a timely fashion is anyone’s guess.
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A prepared and supported Presentence Interview (PSI), now incorporated into the official Presentence Report, is the standard the court and BOP will use. This is why I cover: 1) programming placement, 2) protecting your client from other inmates and staff alike, and 3) knowing your client; all should be part of your initial PSR calculation.
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Not being placed into a SOMP, and should an incident occur, could, at best, result in your client spending the remainder of their sentence in isolation for their protection. Then, over time, this may yield a host of mental health phobias, leading to more severe ailments.
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The benefit of being proactive as you help your client safely transition into the prison environment cannot be overstated. This is especially significant if the PSR includes the documentation of a mental illness with diagnosis, including the treating physician’s records and testimony.
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SEX OFFENDER MANAGEMENT PROGRAMS (SOMP)
FMC Carswell, FMC Devens, FCI Elkton, FCI Englewood, USP Marion, FCI Marianna, FCI Petersburg, FCI Seagoville, and USP Tucson.
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While hard to conceive, these efforts could also go a long way toward alleviating some of the life-altering fears your client and their families are experiencing at this time.
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