Judge Rice will often ask a defendant what he is going to do upon release from prison to determine whether the offender is likely to reoffend. “I often engage a defendant in allocution so I can hear more about (them).”

Are You Ready to Answer Your Judge’s Question? Do You Know What You’ll Say?

Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom. In this video, I review why Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom.

a

The Release Plan is divided into Six Parts.

  1. Before your Presentence Interview (and is provided along with your Narrative to be woven into your Presentence Report), 
  2. Before your Sentence Hearing (building and after giving more thought to your 1st Release Plan),
  3. Once inside, this is where it grows—primarily by documenting your Personal Developmental Growth, which includes the FSA Programs and everything Constructive that you have been working on in areas of interest to you, including mentoring others or teaching classes.
    • Sierra v. Jacquez – An Example of Why You Need To Document Your FSA Credits.
      • The petitioner believes that, despite not having written documentation and other issues, he has accumulated 365 days’ worth of FSA time credits and is entitled to immediate release. The BOP provided the petitioner’s FSA Time Credit Assessment, indicating that he earned 75 FSA time credits.
  4. Before release, provide details of what you will be doing once released. This can be started by following example forms developed by Rikers Island, the MN Dept. of Corrections – ‘The National Institute of Corrections Manual, or the Release Plan Prep Guide. All of this will, or should (as nothing is Guaranteed), make you appear a better candidate for a Halfway House. These beds are limited, and Residential Reentry Managers want to fill these beds with people who will reenter society successfully. Is this You? This video doesn’t cover everything, but I hope it provides some constructive insight.
  5. After Release / Post-Incarceration Services, you are still under the supervision of the Bureau of Prisons.
    • For many in BOP custody until he/she completes his prison term (for sentences greater than six months).
    • You’re in a Residential Re-entry Center (halfway house) or working with the BOP’s Community Corrections Management.
    • If you’re eligible to be transferred to home confinement (the last six months or 10% of the sentence, whichever is less), your client will transition from the RRC or CSC with another set of rules and requirements.
    • Even after leaving BOP custody, he/she will start his supervised release period, which is often for three years.
    • Each of these is a different branch of the Justice Department, 
    • You Do Not Want To Get Disciplined or have any Infractions that Could Return You To Prison
  6. Supervised Release / Parole / Halfway House
    • You think You’re Out/Done,
    • But You’re Still Under “Federal” Control,
    • This could be the Hard Part – No Mistakes – Don’t assume,
    • For Questions, Ask your Probation Officer or Residential Reentry Manager First and Often. Not hearing back is Not an OK To do what you want to do.
    • Some are harder to deal with if your charge is a State Charge – But Make This Temporary.
    • Supervised Release – Probation

Probation or Supervised Release is No Joke. Follow the rules, and everything will be okay.  Probation Officers have huge caseloads; unfortunately, they are overworked and expect the worst. Be the exact opposite, and good things will happen.

This is a document that will grow over time and will influence your STAKEHOLDERS.

WHO ARE ‘YOUR’ STAKEHOLDERS?

  • Your Attorney
  • The Probation Officer Conducting Your PSI
  • The Prosecutor
  • Your Judge
  • BOP 1st) Designation Staff, 2nd) Your Case Manager, and 3rd) Unit Team
  • Residential Reentry Manager (RRM)
  • Probation Officer
  • Others You Have Yet To Meet

When writing your Narrative, Allocution, or Reentry Plan, read it through the Lens of YOUR STAKEHOLDERS: WHAT DO THEY NEED TO HEAR? Through their eyes, there are victims, and there was a crime, but without your narrative, all they have is the DOJ indictment of you – so you may appear like America’s “Most Wanted.”  Only you can change this. It’s best started before your Pre-sentence Interview and will continue to develop as you add to it during your stay in the BOP.