You’ve been Indicted, been found or pled Guilty and facing prison (incarceration) – Now What?
Facing Federal Prison – An Overall Premise
Most individuals being detained and facing incarceration are those of color, and not the white collar defendants with financial means.
Once detained, they can be held from days to years before they ever see a courtroom.
taking medications or using a medical device at home (ie: CPAP), these challenges need to be addressed early.
who are medically healthy or have never seen a doctor, someone still needs to be their advocate.
eligible to be placed in a camp – a Federal Prison Camp (FPC) is much different than the more secure satellite prison camps which are associated with higher security facility’s.
whether a white color crime or entering prison for the first time – understanding if the medications you are taking are available and what the BOP has on formulary, or the process for obtaining your prescription medical devices (ie: eye glasses); these are all part of preparing for the presentence report and eventual incarceration.
‘where appropriate’, discuss with your client ‘accepting responsibility’ as well as to what job, educational and/or lifetime goals they may have, including all of this in their PSR.
Lastly, those defendants that ultimately end up with a Public Defender, these attorneys are doing their best being, overworked and do not have the same time and resources (as private council) to give to their clients.
All of this emphasizes the need for a detailed PSR with its supporting documentation. Ultimately, if is not written into the PSR, it will most definitely not be provided.
As a society we can agree that our incarceration rate is too high, that the current occupational and apprenticeship trades training could be updated and improved, that treatment for those with mental illness could be improved beyond isolation (both for those in prison as well as for those on the outside) and that overall the laws and culture of our society needs to change – but here and now, these are the conditions we have to work with today.
With all of this in mind, my goal was and is to address and change a small portion of this paradigm.
White Collar including all others who are facing incarceration:
Should your client be facing incarceration and eligible to be considered for a minimum camp, there are two types and only one is a freestanding FPC. The others are satellite camps which are adjacent to more secure institutions. These have increased security that effects their environment and guards.
The issue for continuity of medical care along with continuing current medications is significant. While the court will stress: “you will get your medical care” and this is written into the judges order – in practical terms the newly incarcerated may find themselves facing a different reality.
The B.O.P. has their own formulary; part 1 and part 2, of available medications. They also have a non-formulary list which is actively discouraged from being used. Lastly, should the previously prescribed medications not be available, the BOP will provide medications that cover similar (but not exactly the same) diagnosis, hopefully with the same medicially appropriate standard of care.
Where you go and how much time you serve now impart depends your Presentence Report and Interview. Your Presentence Report is one of your last attempts to put your best profile in front of the court in an honest and frank manner.
The Presentence Report, with it:
The Judge will sentence you.
The BOP use it to place you to a Prison via the office of DSCC (Designation and Sentence Computation Center).
The Probation Officer uses it during supervised release.
Remains forever on your record.
As healthcare providers we’ve treated thousands of new patients, asking them these very same questions every day, and now we’ re offering to do this for you. Our only goal is to help you and your families get positioned as best as possible.
U.S Department of Justice Federal Bureau of Prisons
LEGAL RESOURCE GUIDE TO THE FEDERAL BUREAU OF PRISONS FEDERAL BUREAU OF PRISONS
The BOP has sole authority to designate the place of confinement for federal prisoners. See 18, U.S.C. § 3621(b). By statute, the BOP is required to consider the resources of the facility, the nature and circumstances of the offense, the history and characteristics of the prisoner, recommendations of the court, and guidance issued by the USSC. Initial designation decisions and decisions to transfer prisoners from one facility to another are ultimately the responsibility of the BOP and are made in accordance with Program Statement 5100.08, Inmate Security Designation and Custody Classification. The J&C may indicate the sentencing court’s recommendation to house the inmate in a specific institution, geographic area, or specialized program. While every effort is made to comply with the court’s recommendation, conflict with BOP policy and sound correctional management may prevent honoring the court’s recommendation. Prior to finalizing plea agreements or other concessions affecting a defendant’s conditions of confinement, the parties involved should consult with the relevant CLC office regarding factors that might affect availability of the program, or the eligibility of an individual defendant for any program assignment. Specific programs or institution placements should not be part of any agreement or promised to any criminal defendant. This is particularly important when defendants carry both state and federal sentences, as complex issues arise over which sovereign has priority to implement its sentence.
Judges rely on the PSR and how it dictates your future. This in then another example why every part of the Presentence Report, no matter how insignificant, is the most important document you will submit to the court post Guilty Verdict, before sentencing.
Federal Criminal Defense Attorney Services
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