Criminal Case, Dr. M Blatstein's Blog, Home Confinement, White-Collar

EARLY RELEASE TO HOME CONFINEMENT. ARE YOU ELIGIBLE?

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THE DEVIL IS IN ‘PREPARATION’ FOR YOUR PRESENTENCE INTERVIEW. 

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WHAT DO STATES EXPECT? 

From someone on probation who can’t feed themselves or their families, and they haven’t had time to find that elusive job opportunity, then returning to their old ways to provide food.

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People on probation who don’t have access to food, as a complex patchwork of state laws limits their eligibility for federal food assistance, known as SNAP benefits. PPI analysis reveals that 39 states impose disqualifications for probation violations, either explicitly barring individuals from participating or discouraging applications with irrelevant questions.

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Federal law disqualifies some individuals with drug convictions from receiving SNAP, but states can opt out of these rules. Unfortunately, many have chosen to retain disqualifications for probation violations. These restrictions harm individuals directly and deter many eligible people from applying altogether.

Food insecurity is widespread in the U.S., affecting 41.7 million people, with 2.9 million on probation—many of whom rely on SNAP. Over half of those on probation earn less than $20,000 annually, which is below the SNAP income eligibility threshold. This issue disproportionately affects women, particularly Black women, on probation.

States vary in their approach to disqualifications, with 11 states having no related restrictions and 39 enforcing them. Among these, 21 states apply statutory disqualifications, while 18 merely inquire about probation violations on applications without a legal basis.

Addressing these barriers is essential not only for food security but also for public safety, providing the environment to seek work, as advocates work to expand SNAP access for individuals on probation. Food security could keep someone from breaking the law in order to feed themselves.

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FEDERAL LEGAL NEWS (FLN)

March 2, 2026

Under U.S.C. § 3624(g)(1)(A), federal prisoners can qualify for prerelease custody or supervised release if they earn First Step Act (FSA) time credits equal to their remaining prison term. The Bureau of Prisons (BOP) can facilitate early transfer to halfway houses, home confinement, or supervised release. Prisoners earn 10 days of credit for every 30 days in evidence-based recidivism-reduction programs or productive activities, and those with low- or minimum-risk status can earn up to 15 days of credit. Eligibility also requires a low- or minimum-risk assessment from the last two evaluations, as per §3624(g)(1)(D).

These are in ADDITION to the 54-day Good Time (GTC) or Second Chance Act Credits,

• If your sentence is > 60 mo. (5 yrs) = last 6 mo. on home confinement.
• If your sentence is < 60 mo. (5 yrs) = last 10% on home confinement.

“Stacking” all credits maximizes your sentence-reducing benefits, but there is a halfway house shortage of bed space.

• Halfway houses take a percentage of your wages for home confinement after you find a job, and up to five prisoners may share one bed.
• Beyond bedspace shortages, the Feb 11, 2026 GAO Report makes many conclusions. One is that the BOP is constantly late in paying its bills, taking away any incentives for Halfway Houses to accept federal inmates.

Learned from the GAO Report, the BOP:

• Doesn’t know how many people are eligible to transfer to a halfway house, or who should have been transferred already.
• Doesn’t have the halfway-house capacity to accommodate all people who may be eligible to transfer.
• Paid their bills to contractors and halfway houses late about 70% of the time, spending millions of dollars on late fees.
• The Full GAO Report
• Late Payments, Massive Interest.

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Although FSA is limited to “minimum” and “low prisoners,” the Warden’s Exception can be granted to “mediums” (and theoretically, at least, “highs”).

• The Warden’s Role: For transfers to prerelease custody (like home confinement or halfway houses) under the FSA, the Warden decides and can grant an “exception”.
• Criteria for Exception. Inmates may qualify if the warden determines they won’t be a danger to society, have actively participated in programs to reduce recidivism, and are unlikely to reoffend. This is supported by 18 U.S.C. § 3624(g)(1)(D)(i), which allows wardens to grant prerelease custody exceptions. We can help with this process.
• Federal Location Monitoring. Federal courts supervise many defendants and convicted offenders in the community, either before trial, after release from incarceration, or while serving sentences that do not require imprisonment.

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The BOP population has decreased to 155,000 from 158,000 last year. About 5,000, or 3%, are over 65 and mostly suffer from chronic illnesses that the BOP struggles to address. Reviewing their cases for home confinement or release could save the agency hundreds of millions, as they pose little threat to the community.

• Additionally, the US Parole Commission appears unnecessary, primarily serving as a patronage position. Only 150 to 183 “old law” federal inmates, eligible for parole since before November 1, 1987, remain, and many do not qualify for compassionate release under current guidelines.
• From Alderson, following a visit from the BOP Director: “We can’t access our funds on the computers; everyone shows a zero balance, and we were told this issue is BOP-wide, though outsiders dispute that. We were informed that the central office will be here all week. Our funds seem to be frozen or missing, leaving us unable to make phone calls or use computers.”

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Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com.

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THE BOP IS FINALLY LOOKING INTO BODY CAMERAS

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3-1-2026

CONTRABAND And LOUSY FOOD

February 27, 2026

BOP Director Marshall has proven himself to be a very different director. 

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In the last 10 months, BOP staff have administered Narcan in over 500 overdose incidents. Seized contraband includes fentanyl, methamphetamine, marijuana, Suboxone strips, and vapes. The BOP intercepted 228 drone drops, confiscated nearly 17,000 cell phones, and found 4,300 weapons, along with nearly 50 lbs. of meth. Additionally, contraband investigations have involved 260 staff members, including a case in Texas where a staff member smuggled tobacco.

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He is the director who looked at a plate of expired dining hall food being served to an inmate during a facility visit last summer and asked a warden, “Would you eat that? If the answer is ‘no,’ then don’t serve it. Period. That’s` not just about food safety, that’s about human decency”).

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@federalprisontips

Federal Prison Director Billy Marshall says in video to “Do The Right Thing” after experiencing an inmate in federal prison who said he was served expired food at mainline in federal prison

♬ original sound – FederalPrisonTips

“We are prosecuting anyone who tries to bring contraband into our facilities. This approach sends a strong message that criminal activity in federal prisons will not be tolerated, and offenders will be held accountable.”

He’s making hard and humane choices in difficult times, to an agency that has been difficult to adapt to new leadership. Dr. MB

William Marshall, Growing Threat of Contraband in the Bureau of Prisons (February 17, 2026)

Forbes, “Would You Eat That? A Leadership Question at the Bureau of Prisons (February 11, 2026) 

~ Thomas L. Root

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Bipartisan Legislation To Modernize Federal Criminal Code: ‘The Proposed Bill.’

February 23, 2026 

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U.S. Senator Peter Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on the Constitution

• The Senate’s only former public defender

U.S. Senators Mike Lee (R-Utah) 

• “Our federal criminal code is massively over-inflated, with thousands of crimes making it impossible for anyone to fully understand the criminal liability they face,”

Chris Coons (D-Del.)

• “This bipartisan, commonsense bill will create a database of all federal crimes, so lawmakers can determine the reforms needed to make the law fairer, saner, and more effective.”

Joining are;

• Sens. Ted Cruz (R-Texas), Cory Booker (D-N.J.), and Roger Wicker (R-Mo.).

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THE FEDS ENFORCEMENT RETREAT – A WIN FOR WHITE-COLLAR DEFENDANTS.

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2/25/2026. FOOD FOR THOUGHT.

Government officials indicated that changes could enable intelligence agencies to access a database with hundreds of millions of documents, including FBI files, banking records, and investigations involving law-abiding Americans.

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11th Circuit Defines “Available Caregiver” for Compassionate Release

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February 23, 2026

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A compelling reason for compassionate release under 18 USC 3582(c)(1) is if the prisoner is the “only available caregiver” for an incapacitated loved one, such as a child, sibling, or parent, who needs care. This requirement applies (except in the case of a spouse). Issue: What constitutes the “only available caregiver?” 

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The 11th Circuit became the first appellate court to weigh in on the question.

Rufino Robelo-Galo argued that he was the “only available caregiver” for his incapacitated father.

The 11th Circuit noted several factors district courts should consider in assessing whether an alternative caregiver is qualified and available. These include:

• Legal barriers (e.g., immigration status, active military duty) that may hinder caregiving;
• Physical or logistical barriers, such as geographic distance, can limit caregiving ability.
• Knowledge or capability barriers, such as language skills or specialized training;
• Familial dynamics or relationship history, including estrangement or abuse; and
• Economic or employment-related barriers affecting availability.

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Rufus asserted that none of his five children could care for their grandfather. One child was deceased, another was missing, two in the U.S. couldn’t move to Honduras, and Elmer, who lived four hours away, was unable to help due to lack of transportation, space constraints, and the need to support his own children.

The district court found that Rufino’s son, Elmer, was available to care for their incapacitated father, so the compassionate release motion was denied. Last week, the 11th Circuit upheld this denial, ruling that to qualify for compassionate release under USSC 1B1.13(b)(3)(C), an inmate must show that no other qualified person is available to provide care.

The District Court overlooked that Elmer couldn’t care for his grandfather due to a lack of transportation, space limitations at his home, and the inability to relocate without jeopardizing his job and supporting his own children.

United States v. Robelo-Galo, Case No. 24-12128, 2026 U.S.App. LEXIS 4650 (11th Cir. February 17, 2026)

~ Thomas L. Root

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Who Wants to Be A Prison Guard?

February 25, 2026

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A recent Congressional Research Service report last week highlighted that non-competitive pay and challenging working conditions are the primary reasons for the Bureau of Prisons’ (BOP) longstanding understaffing. Vacancy rates at the BOP have surged from 10-12% before the pandemic to 22-25% afterward. Despite recruitment incentives and other efforts, the number of correctional officers has decreased significantly, leading to a doubling of overtime costs to $275 million in recent years.

The Federal News Network report noted that compensation for federal correctional officers may not be competitive with that of other federal agencies, such as CBP and ICE, which have recently offered larger incentives. As a result, some qualified candidates may opt for positions in those agencies. The House Judiciary Committee has raised alarms about this staffing crisis, asserting it hampers the BOP’s ability to ensure public safety.

In March 2025, BOP cut frontline officer pay by up to 25% and froze hiring, despite receiving $3 billion in additional funding. Unions have supported H.R. 7033, the bipartisan Federal Correctional Officer Paycheck Protection Act of 2026, which aims to increase pay for BOP staff by up to 35%.

• FEDWeek, Report Lays Out Causes, Effects of Bureau Understaffing (February 19, 2026)
• Federal News Network, House Democrats Press Bureau of Prisons leadership on staffing ‘crisis’ (February 20, 2026)
• Letter from Jamie Raskin to William K. Marshall III, February 20, 2026
• HR 7033, Federal Correctional Officer Paycheck Protection Act of 2026
• Corrections1, Union backs bill proposing 35 pct base pay increase for federal correctional officers (February 20, 2026)

~ Thomas L. Root 

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FEDERAL LEGAL NEWS (FLN)

2-23-2026

Case Managers are still unable to process computer-generated Team papers, leading to late halfway house referrals.

• According to the GAO Report, the BOP consistently pays its bills to RRC (or HH) late. Why should the RRC consider the BOP a reliable partner if their payments are consistently late?
• Regarding Home Confinement, there appears to be no clear coordination with the agency for supervising home confinement through the alternative Federal Location Monitoring program to ensure they have the staff to supervise new inmates placed under their custody.

From Danbury Women’s Prison, “Case managers are not giving the correct FSA time, leaving many women who should have been released last year still waiting. They’re being told there are no halfway house beds available?”

FREEDOM. OPM Director Scott Kupor said in an interview. “When conscientious objection becomes sabotage or trying to find ways to thwart the objectives of the administration—that is not allowed.”

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Since the new Administration took office a year ago,

• DOJ prosecutions have increased, with a Focus on Immigration cases. 

While the number of White-Collar Prosecutions has fallen steadily,

• Drug, continuing the ten-year decline,
• Fraud/Theft/Embezzlement cases have fallen from 9000 in 2015 to 5000 in 2025.

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The Director stated in a video message that contraband remains a significant issue in federal institutions, with a larger amount introduced by prison employees than by drones.

The outdated Bureau of Prisons (BOP) computer systems suffered a major data breach, and while efforts to update them are ongoing, replacing the obsolete DOS-based system will take months or even years. Last year, over 320 GB of data was compromised.

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In DUBIN v. UNITED STATES, No. 22–10 (Fifth Circuit 2023), David Dubin was convicted of healthcare fraud for overbilling Medicaid through a company he managed. The issue was whether he also committed “[a]ggravated identity theft” under §1028A(a)(1), which applies when someone knowingly uses another person’s identification during a predicate offense. The government argued that Dubin’s billing included a patient’s Medicaid number, qualifying as a “means of identification.” The District Court upheld Dubin’s conviction for identity theft, despite viewing the case as primarily about fraud, following Fifth Circuit precedent.

The Fifth Circuit, in a divided decision, affirmed the ruling, with some judges noting that the government’s interpretation did not align with the term “identity theft.” The court concluded that a defendant “uses” another person’s means of identification in relation to a crime when that use is central to the criminal conduct.

“Seriousness of the offense” and § 3553(a) factors:

• Even where terminal illness is conceded, federal prosecutors regularly argue that sentencing factors weigh against release.
• In the Neba case at FMC Carswell, federal prosecutors fought a terminally ill prisoner’s compassionate release request.
• “Not dying fast enough”: In the case of Steve Alan Brittner, diagnosed with brain cancer, the BOP denied his release request.

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FINALLY, HUMAN WATCH

The Department of Justice (DOJ) maintains that prisoners should serve sentences close to those imposed by the court, with few exceptions. They also warn that broadening compassionate release guidelines could lead to an increase in lawsuits from prisoners.

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CONVICTED OF A LARGE DRUG OFFENSE – SEE IF YOU TOO CAN GET SPECIAL TREATMENT.

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DOES THIS SOUND LIKE YOUR CASE? MAYBE, YOU TOO COULD ALSO SLEEP AT THE WALDORF…

• Sentenced to 45 years in prison for taking bribes and allowing traffickers to export more than 400 tons of cocaine to the U.S.
• Trump pardoned the former president after he served less than four of those 45 years.
• Trump’s Federal Bureau of Prisons scrambled to get his immigration detainer removed so he could walk free.
• Next, despite persistent budget and staffing shortages, prison officials paid a Specialized Tactical Team Overtime to drive Hernández from a high-security facility in West Virginia to the famed five-star Waldorf Astoria Hotel in New York City… Nice!
• Before he left, Hernández was allowed to use the captain’s government phone to talk to the federal prison system’s deputy director, Joshua Smith…

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2-22-2026

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The criminal legal system is deeply rooted in structural racism. While many acknowledge this, few grasp its extent. This month, we will focus on research highlighting biases in policing and prosecution, illustrating how the system disproportionately targets and punishes Black and Latinx individuals.

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Policing: Many interactions with the criminal justice system begin with arrests, revealing where over-representation starts.

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QUALIFIED IMMUNITY?

Clarence Jamison wasn’t jaywalking.

• He wasn’t outside playing with a toy gun.
• He didn’t look like a “suspicious person.”
• He wasn’t suspected of “selling loose, untaxed cigarettes.”
• He wasn’t suspected of passing a counterfeit $20 bill.
• He didn’t look like anyone suspected of a crime.
• He wasn’t mentally ill and in need of help.
  He wasn’t assisting an autistic patient who had wandered away from a group home.
• He wasn’t walking home from an after-school job.
• He wasn’t walking back from a restaurant.
• He wasn’t hanging out on a college campus.
• He wasn’t standing outside his apartment. 
  He wasn’t inside his apartment eating ice cream.
• He wasn’t sleeping in his bed.
• He wasn’t sleeping in his car.
• He didn’t make an “improper lane change.”
• He didn’t have a broken taillight.
• He wasn’t driving over the speed limit.
• He wasn’t driving under the speed limit.

No,
Clarence Jamison was a Black man driving a Mercedes convertible home he had just bought, with his bill of sale.

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• Data from 2022 shows Black drivers were searched or arrested during traffic stops at more than double the rate of other racial groups. Public trust in law enforcement is eroded along racial lines, as shown by a 2024 Boston survey highlighting racial disparities in reports of police harassment.
• Law enforcement surveillance is growing, and police have long used databases that profile Black and Latinx youth as gang members, increasing their chances of arrest, conviction, or deportation.

Prosecution: Prosecutors and judges can help mitigate racial disparities by dismissing low-level cases and referring individuals to diversion programs rather than imprisonment.

• However, research indicates that in progressive areas like Philadelphia, Black and Latinx individuals face higher charges and sentences than white individuals, even when accounting for crime and prior records. In Manhattan, a 2022 analysis revealed that Black individuals are convicted of felonies and misdemeanors at a rate 21 times greater than white individuals, the highest disparity in New York. Additionally, diversion programs often exclude Black and Latinx individuals, as they are more likely to have disqualifying charges or criminal records.

— Leah Wang, Senior Research Analyst, February 18, 2026

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I. Shocking News from GAO – BOP Has Messed Up FSA Placement! Who’d Have Guessed?

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February 17, 2026

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GAO PAINTS PICTURE OF DEADBEAT BOP’S CHAOTIC HALFWAY HOUSE MANAGEMENT

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Writing in Forbes last week, Walter Pavlo said, “Lawmakers understood what correctional professionals have long known. The last months of a sentence should focus on reconnecting people to jobs, housing, and families, not warehousing them in prison.”

Reality. The GAO (Below) reports that, among other issues, the BOP does not even know how many people are eligible for and entitled to placement. Why? Because the dates individuals are eligible to transfer are not readily available?

The Report noted that “BOP does not know the full extent of this shortage due to a lack of comprehensive assessments of its capacity and budgetary needs, which affects timely transfers of incarcerated individuals and opportunities to increase revenue and reduce federal costs.”

Late Payments. It’s not surprising that halfway houses are losing interest in working with the BOP to expand their businesses.

Home Confinement Eligibility Date. Still, for those eligible for Home Confinement, managed by the US Probation Office instead of halfway house staff. That is, if the US Probation offices nationwide are prepared to absorb these transfers.

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Government Accountability Office, Bureau of Prisons: Actions Needed to Better Achieve Financial and Other Benefits of Moving Individuals to Halfway Houses on Time (February 11, 2026)

Forbes, GAO Critical of Bureau of Prisons Use of Halfway Houses (February 12, 2026)

~ Thomas L. Root

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II. Pardon and Punishment

February 19, 2026

Pardons for the Right People:   President Trump last Thursday pardoned five former professional football players — including Super Bowl champions, a Hall of Famer, and a Heisman Trophy winner — for crimes ranging from perjury to drug trafficking. These included ex-NFL players Joe Klecko, Nate Newton, Jamal Lewis, Travis Henry and the late Billy Cannon.

The action that exempts NFL players from prior criminal conduct highlights how Trump’s clemency favors those with fame, fortune, or political ties, sidelining countless others serving sentences for drug and violent crimes.

Writing in his Sentencing Law and Policy blog, Ohio State law professor Doug Berman was a bit puzzled, as he did not seek to get attention by issuing these pardons prior to the Super Bowl.

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Punishment for the Wrong People: A year after commuting 37 federal death sentences to life without parole, President Trump ordered that the men be confined under the harshest possible conditions, calling for treatment consistent with “the monstrosity of their crimes.” The administration moved to transfer them to the supermax at ADX Florence.

U.S. District Judge Timothy J. Kelly blocked the plan, ruling that Bureau of Prisons policy permits placement at ADX only when specific security criteria are met. He found evidence that public statements by Trump and Attorney General Pam Bondi suggested the outcome was predetermined, making the required administrative review process appear meaningless.

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III. SAVING THE BEST FOR LAST

The DOJ wrote in its motion to dismiss the case, that “[t]he government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.”

The New York Times, Trump Pardons Klecko, Jamal Lewis and Other Former N.F.L. Players (February 12, 2026)

Politico, Judge halts transfer of former federal death inmates to ‘supermax’ prison (February 11, 2026)

Memorandum Opinion, Taylor v. Trump, Case No 25-cv-3742 (DDC, February 11, 2026)

Associated Press, Trump pardons five former NFL players for crimes ranging from perjury to drug trafficking (February 13, 2026)

Brief for the United States, Bannon v United States, Case No. 25-453 (Supreme Court, filed February 9, 2026).

~ Thomas L. Root

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Growing Threat of Contraband in the Bureau of Prisons

Contraband is one of the greatest threats facing our federal institutions today.

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February 17, 2026

BOP Director William K. Marshall III addressed the escalating threat of contraband—drugs, weapons, and cell phones—entering federal prisons and details the steps underway to safeguard staff, incarcerated individuals, and the public.

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The GAO Learned That,

The BOP:

• Doesn’t know how many people are eligible for transfer to a halfway house, or who should have been transferred already.
• Doesn’t have the halfway-house capacity to accommodate all people who may be eligible to transfer.
• Paid their bills to contractors and halfway houses late about 70% of the time, spending millions of dollars in late fees.

• The Full GAO Report

• Late Payments, Massive Interest.

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FEDERAL LEGAL NEWS (FLN)

2/16/2026

This Week, A Partial Overview;

Sentencing Commission Hears Final Comments – FLN Predictions,

• Methamphetamine purity (downward) revisions
• Increased penalties for fentanyl offenders
• The DOJ is objecting to the loss-table revisions, noting an estimated 37% reduction in the length of sentences.
• Ideal for white-collar offenders currently incarcerated. Long sentences for a million-dollar fraud are hard to justify, especially given recent unpunished billion-dollar schemes. 
• DOGE has obtained Medicare and Medicaid claims data suggesting potential fraud. The Department of Health and Human Services aims to recover these funds by offering citizens bonuses of up to 30% of the collected amounts.
• DOGE technology could also analyze procurement data for the Bureau of Prisons (BOP) to detect fraud and waste, and reveal inefficiencies in medical programs that deny care and track unnecessary expenses for elderly and chronically ill prisoners who do not pose a threat to society.

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Supreme Court to Hear Argument on Non-Citizen Removal;

• Federal courts are handling habeas corpus cases from non-citizen offenders seeking early release to home confinement based on sentence credits under the First Step Act. Despite efforts to reduce the prison population, non-violent offenders, including those with permanent residency and U.S. citizen spouses, have not benefited, and many have been transferred to immigration detention.
• The Second Circuit stated that there must be “clear and convincing evidence” of an individual’s removability and that the government must prove a violation of green card terms. A negative ruling could put all accused green card holders at risk of deportation, while a positive decision might offer additional options for detained individuals to secure bond and challenge their deportation.

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With Expansion of FSA Credits, Is RDAP Even Worth It?

• The Federal Bureau of Prisons still denies up to one year off RDAP for non-violent prisoners with firearm convictions, despite Congress’s intent—an exclusion only the United States Court of Appeals for the Ninth Circuit has rejected.
• The majority of drug offenders struggle with substance addiction, and the MAT program has consistently failed to meet expectations. Many classes meet only once and allow attendees to sign an attendance roster to satisfy the requirement.

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Halfway House Shortage Should Not Be an Excuse for Keeping Prisoners in Prison Longer.

• The Bureau of Prisons (BOP) has poorly managed releases, often neglecting U.S. Probation supervision and home confinement options. While some halfway houses offer support, many are unsafe and experience drug use issues. Prisoners who have completed their sentences should be released, as judges often reject the BOP’s claim of “full halfway houses” as grounds for delaying releases.

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2-15-2026

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(BOP) – Facilities Management Strike Teams are delivering results.

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Mass incarceration persists because federal policy continues to expand punishment despite historically low crime rates. Sentencing laws remain severe, the Bureau of Prisons continues to grow, and supervised release has become a second sentence that pulls thousands back into custody for technical violations. These choices reveal a system driven more by politics and institutional momentum than by public safety—one that demands urgent reform.

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This benefits not only private prison corporations, but also public agencies, and employees also gain significantly. Furthermore, there are lesser-known players in this criminalization system.

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1- Bail bond companies collect $1.65 billion in nonrefundable fees from defendants and families and often oppose reforms that reduce wealth-based pretrial detention while maintaining public safety.

2- Commissary vendors and telecommunications companies generate $5.6 billion annually by selling goods and services to incarcerated individuals reliant on support from loved ones.

3- Correctional health care providers also face criticism for high costs and inadequate services for inmates.

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TOP NEWS FROM LAW 360

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FEDERAL LEGAL NEWS (FLN)

2/9/2026

The federal government operates a computer system called “Relativity,” accessible in real-time by authorized personnel. It collects extensive data, including emails, phone records, and financial documents. This reform has reduced individual wardens to act as unaccountable “little emperors,” treating Central Office directives and policies as “optional.”

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The federal government operates a real-time computer system called “Relativity,” which collects data, including emails and phone records, for authorized personnel, limiting the authority of individual wardens to ensure compliance with Central Office policies.

In Michelin v. Warden Moshannon Valley Correctional Center (3rd Cir.: February 2, 2026), two foreign nationals, a Nigerian and a Jamaican, faced prolonged detention in U.S. immigration facilities post-sentence. They filed for habeas corpus in Pennsylvania, arguing that their detention without bond hearings violated their Fifth Amendment rights. The court granted their petitions, ordered bond hearings, and released them on bond.

Prisoners contend with a broken medical system. At Devens FMC, the Unit Team has informed us that because we have homes to go to and there are no halfway house options, we won’t receive a “Second Chance” and will remain until our home confinement dates. Essentially, those who can support themselves post-incarceration end up staying longer because they don’t need halfway house services.

USSC. “The Commission has prioritized examining if the guidelines adequately adjust for good behavior by May 1, 2026. While §3E1.1 (Acceptance of Responsibility) and §5K1.1 (Substantial Assistance to Authorities) account for some positive post-offense conduct, there are recommendations to consider additional positive behavior. The proposed amendment would introduce a new adjustment at §3E1.2 (Post-Offense Rehabilitation) to provide reductions for demonstrable rehabilitative efforts.”

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GAO 1/2026 REPORT TO CONGRESS.

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COST TO TAXPAYERS: PER REPORT PAGE 3 Attached, March 31, 2024–December 31, 2024:

[9 Months] Approx. 273 days (x) 16,000 inmates (x) $129/day =  $563,472,000

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Legal Case Short – BOP Medical Neglect Settlement / Malpractice Cases are Possible.

2-5-2026

George Thacker reported to the FCI Edgefield camp on December 9, 2022, to serve a 33-month sentence. On Christmas Day, he was in severe, disabling pain, yet medical staff provided only ibuprofen and no examination or testing. He died the next day from a perforated duodenal ulcer.

His daughter, as executor, sued the Bureau of Prisons under the Federal Tort Claims Act for medical malpractice. Last week, the U.S. Attorney’s Office for South Carolina agreed to a $750,000 settlement, now pending court approval.

Another reminder that failure to deliver basic correctional healthcare continues to create avoidable tragedies—and significant federal liability.

Motion to Approve Settlement and Legal Fees, Docket Entry 28, Wesolowski v. United States, Case No 6:25-cv-6675 (January 27, 2026)

Chattanooga Times Free Press, $750K settlement pending in former Rhea County executive’s 2022 death (January 29, 2026)

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Last week, multiple reports underscored deepening dysfunction in the Bureau of Prisons. The Marshall Project found that only one in five federal prisons had fully staffed psychology departments; dozens operated at less than half strength, and some had one or no psychologists at all—levels a retired BOP psychologist called “catastrophic.” One clinician who left a 700-person facility said providing ethical care was impossible.

The same day, DOJ’s Inspector General told Congress that staffing shortages, crumbling facilities, contraband, inadequate healthcare, and staff sexual abuse remain unresolved despite more than 100 oversight reports over two decades. Forbes noted the problems are “systemic and long-standing.”

A Government Accountability Office review noted that the BOP is failing to meet its duties under the First Step Act: as of late 2024, 70% of eligible inmates had not received all earned time credits, and over half received no prerelease custody credit. GAO urged Congress to require continued annual FSA reporting to ensure accountability.

The Marshall Project, Amid ‘Catastrophic’ Shortage, Psychologists Flee Federal Prisons in Droves (January 26, 2026)

DOJ Inspector General, Top Management and Performance Challenges Facing the Department of Justice | 2025 (January 26, 2026) 

Forbes, The Bureau Of Prisons: When OIG Warnings Meet GAO Reality (January 28, 2026)

GAO, Federal Prisons: Improvements Needed to the System Used to Assess and Mitigate Incarcerated People’s Recidivism Risk, GAO-26-107268 (January 27, 2026)

~ Thomas L. Root

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MEDICAL CARE IN PRISON: 2026

2/7/2026

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TOPICS

• YOUR MEDICAL RECORD.
• The PRESENTENCE REPORT (PSR), CAN BE YOUR MEDICAL REFERRAL.
• PATIENT CARE.
• CATEGORIES AND SCOPE OF CARE
• STEEL TOE SAFETY BOOTS IN PRISONS | NIH: Shear-Reducing Insoles Prevent Foot Ulceration
• THE NEEDS OF AN AGING PRISON POPULATION
• MENTAL HEALTH PROGRAMS HAVE LIMITED LOCATIONS NATIONWIDE
• PSYCHOLOGY PROGRAMS.
• MEDICATION AVAILABILITY.
• DOJ-OIG REPORTS.
• THE DARK SIDE of MEDICAL CARE IN PRISON.
• COMPASSIONATE RELEASE – BRIEF OF AMICI CURIAE
• WHERE JUDGES HAD TO INTERVENE
• MENTAL HEALTH – PREVENTABLE DEATHS.
• MEASLES: Checklist for Correctional Facilities.
• THE BOP ENCOURAGES INMATES TO USE THE ADMINISTRATIVE REMEDY PROGRAM FOR GRIEVANCES.

NEXT, PREPARATION FOR YOUR INTERVIEW (PSI)

As early as possible, before your Presentence Interview, if you need to continue your current medical treatments, start preparing to obtain copies of all your records.

When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history that includes all medical records, including reports of surgeries (including pathology reports), diagnostic: X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports on CD or Thumb Drives). Any and all physician (specialty) office records and notes, including prescriptions.

• All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.
• To ensure that the patient/inmate receives appropriate care, it is essential to obtain all relevant documentation and contact information for physicians, including their name, phone number, email address, and address.
• It is advisable to prepare thoroughly for the Presentence Interview, especially if there are concerns regarding the patient’s medical care, as raised by the patient’s attorney or the treating physician. Doing so enables strategic planning and ensures that the patient-inmate receives the necessary care during their time in the BOP. Still, remember that there are no guarantees once incarcerated, so attention to detail at the outset is in your long-term interest.

Your Comprehensive Autobiographical Narrative should include your entire Medical Record. If you use a CPAP, have Tinnitus, balance issues, take medications, or have other medical concerns, you need your physicians’ chart notes and treatments reflecting your medical ineligibility for an Upper Bunk.

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IN YOUR PSR: NO TOP BUNK – PHYSICIAN DOCUMENTED

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OUTSIDE OF PRISON – AT HOME. If you’re not well, experience severe pain, and cannot walk, you would seek urgent medical care. Doctors will assess the injury, possibly using X-rays or a CT scan. Depending on the severity of the injury, you might be admitted to the hospital or transferred to a specialized center.

It’s important to note that in prison, access to specialists may be delayed or denied, underscoring the importance of prevention.

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Recognize that you’re going into a place where you have no control.

You do not want an upper bunk if you have muscle weakness, an unstable gait due to degenerative joint disease, sciatica (or neuritis), are older, or have other medical conditions that could contribute to an unstable equilibrium.

Your Presentence Report should provide documentation from your surgeon, family practitioner, internal medicine doctor, or other physician stating that a top bunk is out of the question and why!

BOP OUTSIDE MEDICAL SPECIALISTS. Getting medical care inside is not like what you are used to. Expect not to have specialty care provided, and even if you have that second opinion (after 2-3 years), your facility’s Clinical Director (CD) is Not Obligated to follow those recommendations. This is another reason a comprehensive Presentence Report could be essential.

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Consider a Comprehensive Presentence Report like Insurance; you hope you don’t need it – until you do.

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The PRESENTENCE REPORT (PSR) CAN BE YOUR MEDICAL REFERRAL.

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PATIENT CARE

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CATEGORIES AND SCOPE OF CARE

I. Life-Threatening Conditions

Life-threatening conditions require immediate attention to sustain life or critical bodily functions. The BOP classifies these as “Medically Necessary–Acute or Emergent,” including heart attacks, severe trauma (like head injuries), hemorrhage, stroke, detached retina, sudden vision loss, and complications of pregnancy or labor.

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II. Medically Necessary but Not Urgent,

■ Serious deterioration leading to premature death. ■ Significant reduction in the possibility of repair later without present treatment. ■ Significant pain or discomfort which impairs the inmate’s participation in activities of daily living.

While not immediately life-threatening, without treatment, the person’s overall health and, or ADL may not be maintained.

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III. Medically Appropriate but Not Necessary; to improve the person’s quality of life

■ Joint replacement. ■ Reconstruction of the anterior cruciate ligament of the knee. ■ Treatment of non-cancerous skin conditions (e.g., skin tags, lipomas)

These always require review by the Institution Utilization Review regarding,

■ The risks and benefits of the treatment. ■ Available resources. ■ Natural history of the condition. ■ The effect of the intervention on the inmate’s functioning in his/her activities of daily living.

These are considered elective procedures to improve an inmate’s quality of life and may be permitted.

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IV. Limited Medical Value.

■ Minor conditions that are self-limiting. ■ Cosmetic procedures (e.g., blepharoplasty). ■ Removal of non-cancerous skin lesions (if you have a history of skin cancer, two issues are present: (1) hope that the prison healthcare provider has this type of training to recognize Cancer, and (2) that your Presentence Report has your history reported in detail).

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V. Extraordinary.

■ Organ transplant or Donor, or ■ Those Considered Investigational

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Steel Toe Safety Boots In Prisons | NIH: Shear-Reducing Insoles Prevent Foot Ulceration

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• Medicine is both an art and a science. While the implementation of steel-toe safety boots protects the institution and the majority of incarcerated persons, a small but significant portion of the population may be harmed, however rare that may be.

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The Bureau states in Program Statement 6031.01, Patient Care (Page 58), that it isresponsible for providing each inmate with one pair of safety shoes suitable for their job assignment.

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• They would make custom shoes (not safety shoes) or orthotic devices available, if medically necessary, to accommodate a significant foot deformity or reduce the risk of foot injury in individuals with impaired sensation.
• The caveat here is that in a large bureaucratic institution, the patient/inmate may have to either pay their co-pay in order to be seen immediately for an unscheduled visit or wait for staff to provide a referral – either way, once prescribed, the wait time can be expected to be at best, “a while.”
• The headline image I have chosen was for several reasons. Safety boots with a steel-toe box provide protection, but after 30+ years of practice in this field, other forces are of greater concern. To start, the inner sole at the bottom of the boot has to have significant padding to cushion (or protect) the foot from shear forces that, over time, could wear down the skin’s protective padding. In 2006, the boots had none.

Patient Care Page 58

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HCPCS Code for For diabetics, fitting (including follow-up), custom preparation and supply of off-the-shelf depth-inlay shoe manufactured to accommodate multi-density insert(s), per shoe A5500.

Therapeutic Shoes for Persons with Diabetes – Policy Article, A52501

• Then there is the steel toe, and while available in widths, new boots, being what they are, take time to break in. During that period, a person’s toe rubbing against the hard, leather-steel binding is a recipe for potential problems, no matter how rare. Over time, with wear, the foot, through normal gait, could again rub against the steel toe box, no matter how rare.

Management of Diabetes

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• The patient/inmate does not have to be a controlled or out-of-control Diabetic. They could be pre-diabetic, have Peripheral Vascular Disease (PVD), or Raynaud’s, just to mention a few. Therefore, for those who slip through the CARE LEVEL cracks, some may need to have a toe or two amputated due to infection.
• Here, Murphy’s Law presents itself (as one amputation turns into multiple, more aggressive procedures) – some of which could have been avoided with prevention.

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THE NEEDS OF AN AGING PRISON POPULATION

• CAN THEY PARTICIPATE IN ACTIVITIES OF DAILY LIVING (ADL)? IN SOME LOCATIONS THERE ARE INMATE COMPANIONS TO ASSIST WHERE NEEDED.
• EXTREME HEAT CAN BE DEADLY, YOUNG OR OLD, BUT AFFECTS SENIORS AND THE IMMUNOCOMPROMISED MOST.

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• CLIMATE CHANGE. Prison Policy Initiative: A combination of heatwaves and extreme weather events is now becoming more commonplace, and while states like Texas (and others in the South) are seeing staggering high temperatures (increasing at night) along with the unusual increase in severity of normally experienced weather events, it’s those states in the Northeast that are experiencing higher mortality rates.

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MENTAL HEALTH PROGRAMS HAVE LIMITED LOCATIONS NATIONWIDE

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FEMALE INTEGRATED TREATMENT PROGRAM (FIT). The Female Integrated Treatment (FIT) Program supports female inmates with PTSD, mental illness, and substance abuse by providing comprehensive treatment and access to the RDAP Program in a therapeutic community setting. Located in low-security institutions, the program serves about 200 inmates and is staffed by three psychologists, four treatment specialists, a social worker, and a unit team.

SKILLS PROGRAM RESIDENTIAL, For those inmates with a documented history of Neurological deficits from Acquired brain damage, Fetal Alcohol Syndrome (CDC), Autism Spectrum Disorder (ASD), and/or remarkable social skills deficits. ASD is a brain development disorder that affects social communication and interaction. It also includes limited, repetitive behaviors, which can lead to confusion and hostility among inmates and correctional staff.

STAGES PROGRAM RESIDENTIAL, The STAGES program is for inmates with Borderline Personality Disorder, typically characterized by: 1. prolonged restricted housing placements, 2. multiple incident reports and/or suicide watches, 3. a pattern of disruptive behavior, and 4. a willingness to engage with treatment staff.

• Borderline Personality Disorder is a mental illness that severely impacts a person’s ability to regulate their emotions. Treatments and Therapies range from talk therapy to medications to treat specific symptoms or co-occurring mental disorders, such as mood swings or depression. The National Institute of Mental Health (NIMH)/(NIH)
• National Education Alliance for Borderline Personality Disorder (NEABPD) – Recommended Treatments, Video Series Professionals, Video Series Families.

Skills Program: A program for inmates with intellectual disabilities, neurological deficits, and social deficiencies (i.e., Autistic). The staff works closely with psychiatry to ensure participants receive appropriate medication and have the opportunity to build a positive relationship with the psychiatrist. The Mental Health Step Down program is delivered by Psychology Services staff.

BRAVE Program**, Bureau Rehabilitation and Value Enhancement Program to facilitate a favorable institutional adjustment. Participants interact in groups and attend community meetings while living in a housing unit separate from the general population. The BRAVE is only delivered by Psychology Services staff.

The Life Connections Program (LCP) is endorsed by the BOP and addresses religious beliefs and value systems. The LCP uses agency chaplains, mentor coordinators, contracted spiritual guides, community mentors, and volunteers to work in small groups and one-on-one with program participants. This gives participants the opportunity to learn from others. Upon release, the LCP connects them with ongoing community mentoring and faith group support.

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PSYCHOLOGY PROGRAMS

• I) BRAVE Program**, Bureau Rehabilitation and Value Enhancement Program: A first-timer young male offender 32 years of age or younger, facing a sentence of 60 months or more
• II) Challenge: A male inmate facing a high-security penitentiary with a current diagnosis of either Mood, Anxiety, Schizophrenia, Delusion, and/or Substance-induced Psychotic Disorders

• III) Mental Health Step Down Program: 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 Program, A program for inmates with intellectual disabilities, neurological deficits, and social deficiencies (i.e., Autistic). Participation can be at the beginning of their incarceration, but is available at any time and can be ongoing.
• VI) STAGES Program, Residential, A male inmate with a serious mental illness and a primary diagnosis of Borderline Personality Disorder, along with a history of unfavorable institutional adjustment.

The BOP assigns them to higher-security facilities as needed, particularly for general-population placement. Upon arrival, new sex offenders are frequently asked about their offenses by bunkmates, which leads to potential isolation or violence once their crime is revealed. This may result in most of their time spent in solitary confinement. Therefore, safety considerations suggest placing them in facilities with a Sex Offender Management Program (Page 35 {Below}, SOMP) or at least in a camp when appropriate.

• VII) Sex Offender Treatment Program, Residential (SOTP-R), Single Sex Crime; or first-time Internet Sex Offense
• VIII) Sex Offender Treatment Program Non-Residential (SOTP-NR) has a history of a single sexual offense, and many may be first-time offenders serving a sentence for an Internet-based sexual crime.
• IX) FCC Butner Psychology Doctoral Internship Program is considered for sexually dangerous persons with the possibility of criminal recidivism
• X) Female Integrated Treatment (FIT) Program is for females with substance abuse (RDAP Eligibility Possible), trauma-related disorders, and other mental illnesses. (FIT) Program

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MEDICATION AVAILABILITY

The BOP will not accept any orders from the courts regarding an inmate’s required medication or medical treatments. #9.

Falls into Three Tiers:

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The BOP has a 3-tier formulary of approximately 3,500 medications, designed to support cost containment. The 2020 Drug Formulary helps defense teams identify medications for their clients before the PSR and PSI.

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It’s crucial to inform clients that generic medications may differ in color, size, or shape from those they received prior to incarceration, which can help ease their concerns and prevent interruptions in care.

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Tier I: On Formulary, available but you still may not get it. Include all meds in your PSR.

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Tier II: Non-Formulary (Requires a lengthy preauthorization process, and usually is denied)

2020_winter_formulary_part_2

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Tier III: Not Available

The BOP third tier allows for the BOP to prescribe therapeutically equivalent but chemically different drugs to “reduce costs, increase efficiency, enhance access, and improve inventory management.” Collaborating with your client’s physician and reviewing the BOP’s medication list may or may not yield options.

• By this point, the legal team and current treating physician may have to begin to address in your defense strategy why this medication is needed to maintain continuity of care and quality of life.

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DOJ-OIG REPORTS

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• The Department of Justice Office of the Inspector General (DOJ OIG) identified serious issues at the Federal Detention Center (FDC) SeaTac, including inadequate inmate healthcare, staffing shortages, and contraband control problems. The shortage of healthcare staff and Correctional Officers—common issues across many Bureau of Prisons (BOP) facilities—has created significant operational challenges that affect the health and safety of employees and inmates.

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Should your client be denied medical care once they have either self-surrendered, been remanded, or are still incarcerated, do they know what to do? Was their medical record comprehensive when provided to their Probation Officer (PSI)? While this is hopefully rare, it does happen, as you have read in recent cases.

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THE DARK SIDE of MEDICAL CARE IN PRISON

WOMEN

Women are twice as likely as men to experience PTSD, according to the World Health Organization. A woman’s chances of experiencing trauma are higher — 10% of women will experience PTSD versus 4% of men. “It’s tough to say there are sure symptoms of PTSD since no two people will have the same experience,” Pereau says.

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COMPASSIONATE RELEASE – BRIEF OF AMICI CURIAE

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• QUESTION PRESENTED. Whether the court of appeals correctly determined that the petitioner had failed to identify “extraordinary and compelling reasons” that supported reducing his sentence under 18 U.S.C. 3582(c)(1)(A)(i), where his motion relied on a statutory sentencing amendment to 18 U.S.C. 924(c) that specifically does not apply to preexisting sentences.

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WHERE JUDGES HAD TO INTERVENE AND ORDER RELEASE

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• …the prison “arbitrarily reduced” the dosage of one of his blood pressure medications, and gave him a different medication that led to severe symptoms, including dizziness and at least one, or possibly two, transient ischemic attacks, commonly referred to as mini-strokes.

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MENTAL HEALTH – PREVENTABLE DEATHS

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The “Exposing Parchman” documentary at the Mississippi State Prison

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As unnatural deaths in federal prisons require an autopsy, most deaths in federal prisons are classified as ‘natural.’

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NPR found cases where medical neglect, poor prison conditions, and a lack of resources contributed to these deaths. Families were given little information. NPR found that the CDC says natural deaths happen mostly due to disease or old age. Yet 70% of the inmates who died in federal prison in the last 13 years were under the age of 65.

Examples of “natural” deaths include an inmate at BOP FMC Springfield, Mo., who died after weeks of untreated digestive bleeding, and another in Missouri who experienced respiratory failure, later deemed a homicide. In another case, a prisoner collapsed while running and was hospitalized. His family, not informed by the prison, called multiple hospitals before locating him. The BOP contacted them two days later, assuring them that they need not worry. Two weeks after his collapse, he died, labeled as a natural death.

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FROM THE CDC: MEASLES IS SERIOUS. IT IS IMPOSSIBLE TO QUARANTINE PERSONS IN A PRISON.

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THE BOP ENCOURAGES INMATES TO USE THE ADMINISTRATIVE REMEDY PROGRAM FOR GRIEVANCES.

Most of this is to be initiated by the inmate and each step must be followed as there are a finite number of days – exceed that number and it will be voided by the BOP. The Exception is a medical care concern that after the BP-9, can jump directly to the §2241 (going directly to the court).

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BP: 8, 9, 10, 11. THEN §2241(going directly to the court).

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2-1-2026

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A Short Rocket – Update for January 29, 2026

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Money, That’s What I Want – Bipartisan bills S.3626 and H.R.7033 have been introduced to address staffing shortages at federal prisons by offering a 35% salary increase for Bureau of Prisons correctional staff. Sponsors include Sen. Jeanne Shaheen (D-NH) and David McCormick (R-PA) in the Senate, and Reps. Dan Goldman (D-NY) and Rob Bresnahan (R-PA) in the House.

S.3626, A bill to amend title 5, United States Code, to improve recruitment and retention of Federal correctional officers (January 13, 2026)

H.R.7033 – Federal Correctional Officer Paycheck Protection Act of 2026 (January 13, 2026)

FedWeek, Bills Proposed to Boost Bureau of Prisons Pay by 35% (January 20, 2026)

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The Plot Thickens –Last week, I reported on several clemencies granted to a mix of offenders, including a commutation for James Womack, whose 96-month meth distribution sentence was reduced after a couple of years. Initially, his case didn’t seem to align with the “clemency for the rich and famous” theme from the White House. However, it was revealed that his father, Rep. Steve Womack (R-AR), is a close Trump ally. Additionally, the White House cited Jim’s mother’s cancer diagnosis as a reason for the commutation. Jim was released on January 15, but his mother passed away just three days later.

Daily Beast, Trump Frees MAGA Rep’s Meth Dealer Son in Pardon Spree (January 17, 2026)

KATV, Terri Womack, wife of Arkansas Congressman Steve Womack, dies at 68 (January 20, 2026)

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Danny Howell, an Indiana prisoner, was denied leave to proceed in forma pauperis (IFP) because he had “repeatedly abused this Court’s process.” This ruling means he cannot file additional petitions without prepaying the $300 fee, following the 1992 decision in  Martin v DC Court of Appeals.

Martin was noted for submitting 54 IFP filings in 10 years, raising concerns among dissenters that this could lead to broader restrictions on court access. Justice Jackson highlighted that, unlike Danny Howell’s six filings over 14 years, the Court has frequently used the “Martin” precedent to bar indigent litigants after just a few petitions. He criticized this approach as a poor trade-off, arguing it restricts access to justice for indigent incarcerated individuals to avoid minor administrative burdens.

Indiana ex rel. Howell v. Circuit Court, Case No 25-5557, 2026 U.S. LEXIS 495 (Jan 20, 2026)

Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992) (per curiam).

~ Thomas L. Root

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PLACING INMATES WITHIN 500 DRIVING MILES: A DOJ-OIG REPORT

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FSA amends 18 U.S.C. § 3621(b), requiring the Federal Bureau of Prisons (BOP) to place inmates in facilities as close to their primary residence as possible.

18 U.S.C. § 3621(b) Placing inmates close to home during incarceration reduces recidivism, eases the harm to family members, and strengthens family ties. Use the interactive dashboard available online at oig.justice.gov, in the attachment below.

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The BOP’s mileage calculations were based on a straight-line distance method, not driving miles.

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The BOP must consider multiple factors when placing, or “designating,” an inmate to a facility. These factors include;

• Bed availability,
• Security level,
• Program needs,
• Faith-based requests,
• Sentencing court recommendations, and other BOP security concerns
• Medical Care

1. The BOP classifies inmates into four care levels and places them in facilities that meet their medical and mental health needs. Lower care levels are for those whose medical and mental healthcare needs are minimal
2. Inmates classified at higher care levels require higher levels of care, but the number of facilities that can meet these needs decreases.
3. When a mental healthcare need is greater than the medical care requirement, placement is based on their mental healthcare needs.

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The FSA mandated that the Attorney General report to Congress from 2020 to 2025 on progress made, including the number of inmates located more than 500 miles from their release residences.

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OIG RECOMMENDATIONS

1. Ensure that the mileage calculation process accurately records driving miles as required by the FSA.
2. Make sure that every inmate placement decision is thoroughly supported by the necessary documentation.
3. Implement controls, including address standardization and verification, to guarantee that each inmate’s legal address is accurate at all times.

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GAO 1/2026 REPORT TO CONGRESS.

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COST TO TAXPAYERS: PER REPORT PAGE 3 Attached, March 31, 2024–December 31, 2024:

[9 Months] Approx. 273 days (x) 16,000 inmates (x) $129/day =  $563,472,000, that You And I are paying for.

Leaving eligible persons in prison.

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Just A Bit Of What The GAO Found – Not Great.

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FSA Elements (Page 12)

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BOP did not complete all assessments within the required time frames (28 days for initial and 90 or 180 days for reassessments), and provided explanations for the delays. Page 28

 

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Program and Activity Attendance.

• BOP does not have accurate data. Staff used different methods to record when an incarcerated person declined to participate in a recommended program.
• GAO found that BOP generally applied all time credits toward supervised release but not for prerelease custody.
• Delayed Implementation
• In 2023, we added “Strengthening Management of the Federal Prison System” to our high-risk list due to ongoing staffing and infrastructure issues, leadership changes, and other challenges.

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PATTERN

• The DOJ’s risk assessment tool that BOP staff are to use to measure an incarcerated person’s risk of recidivism. 
• Static vs Dynamic Factors. Page 14

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REASONS TO HAVE GREAT LEGAL REPRESENTATION

STATE OR FEDERAL,

TRACKING MISCONDUCT, POLICE,  OR NOTICING PERSECUTORS’ CHARGES THAT ARE BEYOND THE PALE; BOTH ARE IMPORTANT REASONS FOR GREAT REPRESENTATION.

These efforts are crucial as the federal government is eliminating police accountability initiatives and suppressing evidence. For instance, last year, the Trump administration deleted the National Law Enforcement Accountability Database, which tracked misconduct among federal law enforcement, including employees of U.S. Customs and Border Protection and the Bureau of Prisons.

This briefing highlights select projects demonstrating how public records can be leveraged to investigate and track police misconduct, discipline, and employment—and how that transparency can pressure law enforcement agencies to improve policies and decision-making.

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1-24-2026

Rick Stover, Special Assistant to the Director and a subject-matter expert on the First Step Act, Q&A.

January 21, 2026

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SUMMARY.

Calculations of Time Credits were a Software Issue.

• Now, FSA Time Credits are being done correctly.

• Reentry Services: Moving inmates to RRC and or HC isn’t great – But improving.

Designation and Sentencing Computation Center started a Triage Team to work with the Reentry Services Division. Two points:

1. Addressed ETC for those in RRC, and moved those eligible to HC.

2. FSA staff lack training; they made an Online Slide tutorial for staff to use. This covers FSA ETC Calculations.

Earned Time Credits (ETC), The Law. “These have to be ‘earned’ before they can be applied.”

• “Opt-In,” while in the institution. OLD WAY: Case Managers would wait until the program was completed – and then provide the credits.

• This was flawed because months had passed by the time that the referral was approved, and now, beyond the date for the amount of time credits that the inmate earned.

• The language under FSA is very definitive: it’s ‘will’ and ‘shall’. These credits will and shall be applied.

• The BOP feels that even though you’re placed, LATE, into the RRC – and you still have your sentence to serve: the BOP has the discretionary authority here.

Conditional placement dates.

• You have to be serving a time for an offense that is not disqualifying, and a pattern score that is a minimum or low.

• As we were calculating these dates, there should be no expectation on the part of the inmates that this was a guarantee.

• We are now absolutely, positively calculating FSA dates correctly. Now, those calculations run every day. Every day.

To the case managers out there. We do not want case managers doing manual calculations.

• If inmates are going to the staff, saying, “I did a manual calculation. Can you verify this?” We’re not going to do that. We’re not in the business of doing the manual calculations. We’ve got the formula working right. The program is working right. (opps, Dr MJB).

June 17th memo – SCA:

• Inmates who need HH go there; those who don’t and are eligible go to HC.

• Place inmates at the end of their sentence into the community for up to 12 months, six months, or 10%, whichever is less.

• The five factors are the Law and discretion.

DOESN’T THE BUCK STOP HERE?

It’s really not an FSA problem. It’s a problem of two separate laws. (opps.).

• FSA, if you’re eligible, essentially places you in the community for a much longer time than was allowable under the Second Chance Act. So the easiest way to describe it is, for every 30 days, you get 15 days in the community, or 15 days are either off your sentence. That would be the first 365 days; anything beyond that, you don’t get it off your sentence, but you do get it towards your community placement, either in an RC or home confinement.

If a HH has open beds, from the BOP Perspective: we’re dealing with contracts and contract quotas- not open beds? Why? Their empty beds may be contracted to a state, jail, or other facility.

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Restitution Under the MVRA Is a Criminal Penalty

There May Now Be Hope.

1/20/2026

The Supreme Court unanimously ruled that mandatory restitution under the Mandatory Victims Restitution Act (MVRA) is a form of criminal punishment, subject to constitutional limits such as the Ex Post Facto Clause. In Ellingburg v. United States, the Court determined that MVRA restitution is tied to criminal sentencing and offenses, enforcing it as criminal. Consequently, governments cannot retroactively increase past restitution orders with compounded interest under new laws, treating it like other criminal penalties.

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The ruling was short, simple, unanimous, and transpicuous to any federal defendant: last week, the Supreme Court ruled that restitution is a criminal penalty and not just some random civil judgment.

Ellingburg v. United States, Case No 24-482, 2026 U.S. LEXIS 504 (January 20, 2026)

Substack, Punishment by Another Name (October 13, 2025)

~ Thomas L. Root, LISA FOUNDATION

 

Important Features of the Ruling:

Criminal, Not Civil: The Court clarified that, despite its goal of victim compensation, MVRA restitution serves as a criminal penalty.

Ex Post Facto Clause: Due to its criminal nature, it is subject to the Constitution’s prohibition on applying harsher penalties retroactively, which affects cases with accumulating interest.

Statutory: The MVRA states that restitution serves punitive purposes and is included in Title 18. “Crimes and Criminal Procedure“.

Implications: This ruling may affect many defendants with older restitution orders, preventing governments from significantly increasing their financial obligations long after their offenses.

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Supreme Court Separates 924(c) and (j)

January 15, 2026

THE ACT. Dwayne and his gang, the “Crew,” carried out at least eight robberies where they targeted convenience stores and illegal cigarette vendors selling untaxed, smuggled cigarettes, as these victims often couldn’t file police reports.

THEN THE UNEXPECTED (?) HAPPENED. During one robbery, Dwayne and his Crew shot Mr. Dafalla to death after he threw $10,000 in sales proceeds out of the moving vehicle. Dwayne was convicted of Hobbs Act robbery and conspiracy, as well as several 18 USC §924(c) counts for using guns to commit the robberies (crimes of violence under § 924(c)).

Sentenced to 90 years in prison, was later reduced to 50 years based on three Hobbs Act robbery counts. The  § 924(j) – believing that § 924(c) and § 924(j) were not separate offenses that could be punished cumulatively – merged into the § 924(c) conviction.

 Double Jeopardy. Treating § 924(c) and § 924(j) as the same offense. The Second Circuit, however, rejected the District Court’s position that the Double Jeopardy. The 5^th Amendment’s Double Jeopardy Clause provides that no person shall “be subject for the same offence to be twice put in jeopardy

Gorsuch argued in his concurrence that the Supreme Court has been inconsistent about double jeopardy. He noted that the Court has stated the clause “protects against multiple punishments for the same offense,” suggesting Congress shouldn’t allow multiple convictions for the same offense in concurrent prosecutions. However, he pointed out that the Court has also indicated that in such contexts, the clause directs courts to accurately determine statutory meaning.

..the court will someday need to resolve that “tension.”

Barrett v. United States, Case No. 24-5774, 2026 U.S. LEXIS 433 (January 14, 2026)

Blockburger v. United States, 284 U.S. 299 (1932)

The National News Desk, Supreme Court limits dual charges in overlapping gun statutes (January 14, 2026)

~ Thomas L. Root

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WATCH THE 3-MINUTE VIDEO. Lockdowns are increasing nationwide, causing anxiety for families with incarcerated loved ones. These lockdowns can last weeks or months, leading to uncertainty and fear. During a lockdown, conditions mirror solitary confinement, with individuals confined to their cells for up to 23 hours daily. They lose access to medical care, exercise, programming, and communication with family. Lockdowns have been linked to higher rates of drug use, sexual abuse, and suicide. Many prison systems lack oversight and reporting requirements, leaving families in the dark during lockdowns.

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IMMIGRATION DETENTION – OUT OF CONTROL

YOU’RE NOT SAFE: IMMIGRANT, GREEN CARD, OR US CITIZEN

1-14-2026

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FEDERAL LEGAL NEWS (FLN)

1-19-2026

Presidential Pardons;

• Still, many case managers cite “full” halfway houses as justification to deny home confinement, keeping people incarcerated past their eligibility dates, despite the fact that they have a US Probation-approved address to release to. 
• The BOP’s medication-assisted treatment Program is unreliable, making expectations of access a false hope for those entering prison. Staff sometimes chose to place people in the program mere weeks before their release date, forcing addicts to self-medicate for years before that time.
• Supreme Court Delivers Justice to Battered Woman Prosecuted by DOJ; then(FCI) Dublin in California, a low-security women’s prison known as the “rape club,” closed.

Drug Use and Illicit Cell Phones

FLN has credible evidence of employee involvement in the drug trade at certain women’s facilities, but this has been overlooked. Instead, the prison system has implemented mail photocopying and scanning, either on-site or through a third-party vendor.

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“Restorative Justice”

Restorative justice addresses harm, including criminal offenses, by promoting accountability and repair instead of punishment and isolation. Many programs currently focus on low-level, nonviolent offenses, which increases criminal surveillance for minor issues. This approach neglects research showing that restorative justice is more effective and necessary in cases of serious harm.

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com

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1-19-2026

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2026 FIRST STEP ACT EARLY SUCCESSES

I) SEAN DIDDY COMBS

Jan 8, 2026

CAN DIDDY STAY OUT OF TROUBLE?

FIRST, THERE WAS ALCOHOL ALLEGATIONS.

THEN, 3-WAY CALLS – A VERY BIG ‘NO.’

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II) FETTY WAP

January 9, 2026 

Thank You, First Step Act …For Early Prison Release!

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Fetty was released 3 years early from his  6-year prison sentence for drug trafficking, crediting the First Step Act signed by President Trump in 2018, which allows federal inmates to earn time credits to reduce their sentences.

 

 

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FOR BOTH DIDDY AND FETTY, THEY ARE NOT OUT FROM UNDER THE BOP, UNTIL THEY’RE OFF SUPERVISED RELEASE.

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FEDERAL LEGAL NEWS (FLN)

1-12-2026 (Summary)

In a 5–4 decision, the U.S. Supreme Court expanded post-judgment relief for prisoners by broadening access to second or successive §2255 motions seeking sentence reductions. In Bowe v. United States, the Court examined Michael Bowe’s 24-year sentence, which included a mandatory consecutive 10-year term under §924(c) for using a firearm during a “crime of violence.”

Subsequent Supreme Court decisions cast doubt on whether Bowe’s underlying offenses qualify as crimes of violence. United States v. Davis invalidated §924(c)’s residual clause as unconstitutionally vague, and United States v. Taylor held that attempted Hobbs Act robbery does not qualify under the elements clause—undermining the legal basis for Bowe’s §924(c) conviction.

Under AEDPA, prisoners must obtain appellate authorization for second or successive §2255 relief. Bowe’s 2016 challenge to §924(c)’s residual clause was denied. After the decisions in Davis and Taylor (2022), he sought authorization again, arguing that his convictions were no longer valid “crimes of violence.” The Eleventh Circuit denied him relief, prompting Bowe to seek certiorari. The Supreme Court ruled that AEDPA does not bar a second §2255 motion on this basis, but the petitioner must still show entitlement to relief. The Court’s reasoning indicates that Bowe’s claim has merit. Bowe v. United States, No. 24-5438 (2025).

The Sentencing Commission aims to eliminate the distinction between “actual” methamphetamine and mixtures, as most meth is now uniformly pure, which could aid compassionate release arguments. The First Step Implementation Act focuses on making sentencing reforms retroactive, expanding judicial discretion, allowing expungement of nonviolent juvenile records, and improving record accuracy. Additionally, the Safer Detention Act seeks to revive elderly home detention and clarify compassionate release.

Criminologist Emily Widra argues that federal prisons neglect meaningful drug treatment and healthcare, primarily focusing on punishment instead. Despite significant funding, addiction rates remain high, with limited drug testing and minimized acknowledgment of systemic issues. The punitive approach to addiction fails to address the needs of those incarcerated, leading to untreated individuals reoffending and perpetuating a cycle that benefits the incarceration system. Advocates believe this cycle fuels the growth of law enforcement and the prison system, highlighting the need for a review of the Bureau of Prisons’ ineffective Medication-Assisted Treatment (MAT) program.

Separately, in United States v. Ferguson, No. 24-2178 (8th Cir. Jan. 6, 2026), the Eighth Circuit held that an Arkansas cocaine-delivery conviction does not qualify as a “serious drug offense” under the Armed Career Criminal Act because the state statute criminalizes a broader range of cocaine isomers than federal law. Applying the categorical approach, the court vacated Ferguson’s 180-month ACCA-enhanced sentence and remanded for resentencing without the enhancement.

First Step Act Reform Coming Around Again in the Senate? – Update 

December 22, 2025

Senate Committee on the Judiciary, Durbin, Grassley Introduce Criminal Justice Reform Bills (December 16, 2025)

First Act Implementation Act of 2025 (S. —) (submitted December 16, 2025)

Safer Detention Act (S. —) (submitted December 16, 2025)

Prohibiting Punishment of Acquitted Conduct Act of 2025 (S. —), (submitted December 16, 2025)

~ Thomas  L. Root

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com

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1-11-2026

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I. DOJ-OIG REPORT: FAILURE OF THE BOP TO PROVIDE BASIC MEDICAL CARE, WHILE WILLFULLY IGNORING COURT ORDERS.

1-6-2026

• EXPECTED: MEDICAL CARE THAT IS USUAL AND CUSTOMARY AND WITHIN THE STANDARD OF CARE FOR PHYSICIANS IN YOUR COMMUNITY.
• BOP STAFF DROPS OFF PATIENT-INMATE, TAKING HIS WHEELCHAIR, LEAVES HIM ON A BENCH AT DALLAS FORT-WORTH AIRPORT.
• COMPASSIONATE RELEASE ORDER: SLOW TO FOLLOW, OR AT WORST, IGNORED.

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PAGE 1-2: OIG-DOJ REPORT REVIEW.
PAGE 3-16: JUDGES’ ORDER FOR IMMEDIATE RELEASE.

• UNDERSTAFFED OR COVID-19 (AS WAS REFERENCED) IS NOT AN EXCUSE.

REQUESTS FOR COMPASSIONATE RELEASE.

1. The Government stated that Mr. Bardell was examined on December 18, 2020, and found “no evidence of malignancy.”
2. The Court granted Mr. Bardell’s motion, directing his attorney, Kimberly Copeland, Esq., to work with the U.S. Probation Office on a release plan. The BOP was ordered to release him after approval, but they ignored the Release Order.

FINALLY, THE JUDGE WAS IRATE:

• The BOP released Mr. Bardell without a release plan, disregarding the Court’s Order. They contacted his parents, who paid nearly $500 for a flight to bring their dying son home.
• Mr. Bardell was unexpectedly released from prison in a wheelchair, but the Bureau of Prisons wouldn’t allow him to keep it for travel. He was subsequently left on the curb of the Dallas/Fort Worth airport to fend for himself.

Don’t assume that the BOP will provide medical care, follow court orders, or create an environment where the inmate will walk out of prison and not have to be taken out in a pine box. A judge’s sentence is not meant to be a Death Sentence.

• 11-23-2024: THE BOP CONVINCES JUDGES THEY CAN PROVIDE ALL MEDICAL CARE: DON’T BE FOOLED…
• 2-27-2025: OIG: BOP STAFFING SHORTAGES RESULT IN DELAYED ⇒ DENIED ‘MEDICAL CARE.’
• 3-13-2025: WHAT TO DO WHEN MEDICAL CARE IS NOT PROVIDED.
  U.S. District Judge Roy Dalton held the Federal Bureau of Prisons in contempt in 2022, stating they should be “deeply ashamed” of their treatment of deceased inmate Frederick Bardell.

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II. WHITE-COLLAR CASES ARE NO LONGER A TOP PRIORITY

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PRESIDENT’S EPIC CLEMENCY PARADE, A PEEK BEHIND THE CURTAIN.

Individuals seeking presidential clemency have reportedly paid substantial sums—often approaching $1 million—to lobbyists with access to Donald Trump, sometimes accompanied by additional six- or seven-figure “success fees” if a pardon is granted. In one widely reported example, Donald Trump Jr. introduced lobbyist Ches McDowell to Trump during McDowell’s efforts to secure clemency for Changpeng Zhao, the founder of Binance. Binance reportedly paid McDowell approximately $800,000 and discussed a contingent success fee of more than $5 million upon the granting of a pardon.

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David Schoen, a former Trump impeachment lawyer, is pursuing the same pardon strategy that has benefited the president’s allies and been fueled by political retribution.

Schoen is seeking clemency for two mobsters serving life sentences since 1992, arguing in a Christmas Eve letter to Trump that they were unfairly prosecuted by Andrew Weissmann—a Trump adversary and former leader of Robert Mueller’s special counsel team investigating Russian interference in the 2016 election.

Wall Street Journal, A Visual Breakdown of Trump’s Pardon Spree (December 10, 2025)

Fox News, Deal-making clemency: Inside Trump’s most disputed pardons of 2025 (December 30, 2025)

~ Thomas  L. Root

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Showing Some Compassion: 18 USC §3582(c)(1)(A)(i)

The conversation started to succeed with the FSA

The First Step Act expanded compassionate release by allowing defendants to seek relief directly from the courts, rather than limiting such motions to the Bureau of Prisons and its wardens, when extraordinary and compelling reasons are present.

Many courts have concluded that U.S.S.G. § 1B1.13—drafted when only the BOP could file compassionate-release motions—is outdated and therefore nonbinding. This divergence in interpretation has produced significant disparities among district courts.

In United States v. Brooker (also known as United States v. Zullo), the Second Circuit held that district courts possess broad discretion to determine what constitutes an “extraordinary and compelling reason” under § 3582(c)(1)(A), and that Guideline § 1B1.13 applies only to motions brought by the BOP, which are now infrequent.

United States v. McCoy, Case No 20-6821, 2020 U.S. App. LEXIS 37661 (4th Cir., Dec. 2, 2020)

– Thomas L. Root

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DECREASE IN WHITE-COLLAR PROSECUTIONS

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After Trump granted clemency to Trevor Milton, Mark Watson, and others, the SEC dropped its civil fraud cases, forfeiting a chance to recover money for investors. Lawyers said they didn’t want to appear to challenge Trump’s view of justice.

The move reflects a broader pullback at the SEC. Under Trump, the agency brought just four enforcement actions against public companies in nine months, compared with 52 in the final three months of the Biden administration. SEC Chair Paul Atkins has urged restraint, saying enforcement should not be measured by case counts alone.

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III. MISSING YOUR COURT DATE…

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Individuals charged with a crime, along with their attorneys and witnesses, including police officers, have a legal obligation to appear in court. However, missed court dates, often due to scheduling issues, are common, particularly among police officers, who miss hearings at rates nearly double those of defendants.

Defendants often face severe penalties, like jail time, for failing to appear in court. However, courts can adopt effective solutions to 

Defendants often face severe penalties, like jail time, for failing to appear in court. However, courts can adopt effective solutions to reduce non-appearance, such as mailed notices, automated reminders, grace periods for unavoidable absences, and options to reschedule hearings rather than issue warrants.

Jury trials are now rare, as prosecutors wield significant power to secure guilty pleas. When individuals miss court, they often miss crucial hearings on witness testimony and evidence discussions.

A missed court date shouldn’t lead to severe consequences that complicate an already difficult experience in the criminal justice system. Individuals may have valid reasons for their absence, like work conflicts, childcare issues, or transportation problems. Arresting them is unjust and counterproductive. We need to change our approach and create accommodations for those who genuinely want to participate in court proceedings.

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IV. FEDERAL LEGAL NEWS (FLN)

1-5-2026

The new Director has been in his position for barely six months and has made steady progress in reducing waste, eliminating corruption, and lowering headcount at the federal Bureau of Prisons.  

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Case: Bailey v. Federal Bureau of Prisons

In April 2024, an advocate for federal prison reform filed a lawsuit against the Federal Bureau of Prisons (BOP). The plaintiff, along with her non-profit, More Than Our Crimes (MTOC), had been publishing critical articles about the BOP since 2020. She alleged that the Bureau cut off her access to information and retaliated against her sources, violating the First and Fifth Amendments.

Bailey claimed that seven BOP facilities—FCI Ray Brook, USP Big Sandy, FCI Hazelton, USP Marion, FCI Pekin, FCI Florence, and USP Beaumont—started blocking her messaging access in 2022. Other non-profits have also faced restrictions on emailing more than one inmate at a time.

 Judge Friedman wrote, “The Court will also prohibit the BOP from blocking Ms. Bailey from using TRULINCS.”

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The FSA allows Wardens to grant “exception” authority for Federal Time Credits (FTC) to inmates who don’t meet standard low-risk criteria. Wardens can approve transfers to prerelease custody for “Medium” or “High” risk inmates if they assess the individual as non-threatening, actively participating in recidivism reduction, and unlikely to reoffend.

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Lenity,

The rule of lenity is a long-standing legal principle in criminal law that requires courts to interpret ambiguous or unclear criminal statutes in the most favorable way to the defendant.

Recent discussions among the Supreme Court justices highlight the instability of the lenity doctrine. In Wooden v. United States, Justices Gorsuch and Kavanaugh debated the proper scope of the ruling. Gorsuch argued that lenity is a constitutional rule tied to due process, asserting that if traditional interpretation tools fail, judges should turn to lenity.

Kavanaugh argued that lenity should be applied only at the end of the interpretive process and infrequently. He highlighted the uncertainty created by Congress’s broad criminal laws, with lenity serving as a crucial check to ensure punishments have clear legislative backing. Gorsuch noted, “Under our rule of law, punishments should never be products of judicial conjecture.” 

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The Elderly Offender Program,

As part of the FSA, it was initiated in 2018 and ended in 2023 due to BOP’s disinterest and management issues. However, it still holds statutory authority and could be reinstated through an Executive Order or BOP directive.

The program required participants to be at least 60 years old, have served two-thirds of their sentence, and have no history of violent crimes or attempts to escape. Reintroducing this program could alleviate pressure on the criticized BOP medical system. While Congress is considering Senate Bill 3485 to revive it, a Presidential Order would strengthen efforts to release eligible elderly and chronically ill inmates to their families or care facilities. There is little public safety justification for holding them back.  Reviving lenity.

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1-4-2026

TOPICS

1. LAW 360: THE FIGHT FOR EQUAL JUSTICE. CRIMINAL AND CIVIL DEFENSE IS NOT JUST FOR THOSE WHO CAN AFFORD IT.
2. THE SENTENCING PROJECT
3. LISA LEGAL FOUNDATION
4. SOLITARY WATCH.ORG
5. FEDERAL LEGAL NEWS (FLN)
6. BOP IN THE NEWS
7. ABOVE THE LAW
8. MEDICAL

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LAW360: AN ATTACK ON ACCESS. 

The Showdown Over Birthright Citizenship

• This year, the Supreme Court will decide whether the 14th Amendment guarantees a right to U.S. citizenship to all children born on U.S. soil.

Funding and Access for Legal Aid, Now Uncertain

• WITHOUT LEGAL AID (PUBLIC AND FEDERAL DEFENDER). Established by Congress in 1974 to ensure equal access to justice by providing civil legal aid to people who can’t afford lawyers — low-income Americans lack legal help for 92% of their substantial civil legal problems.

Right to Counsel

• For tenants facing eviction, the problem has continued to expand geographically in 2025, with Los Angeles adopting the tenant’s right to counsel and Bozeman, Montana, joining the list, bringing the total to 27 jurisdictions.

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Top Trends in Criminal Legal Reform, 2025

December 30, 2025

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The United States has one of the highest incarceration rates globally, far exceeding other industrialized nations. In 2025, some state legislatures embraced criminal legal reforms, while others used punitive rhetoric to stoke fears of crime.

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Second Look and Rehabilitation-Based Release Policies

Second-Look-White-Paper FAMM

Second Look, Prison Policy Initiative

Second Look Act-2025 The Sentencing Project

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**Look and Rehabilitation-Based Release Policies Summary**

• **Delaware:** Senate Bill 10, also known as the Richard “Mouse” Smith Compassionate Release Act, allows sentence reviews for individuals rehabilitated after serving 25 years, or for those over 60 after 15 years. Previously, only individuals under 18 who served 20 years qualified.
•  **Georgia:** House Bill 582, the Georgia Survivors Justice Act, permits courts to waive mandatory minimums when abuse is a significant factor in an offense and allows incarcerated survivors of domestic violence or child abuse to seek reduced sentences influenced by their experiences.
• **Maryland:** House Bill 853 introduces a “second look” policy for individuals aged 18–25 after 20 years, excluding certain violent offenses. House Bill 1123 establishes medical and geriatric parole for those chronically debilitated and allows geriatric parole for individuals 65 and older after 20 years served.

Scaling Back State Cocaine Sentencing Disparities

In 2025, Arizona and Virginia became the latest states to address the crack-powder sentencing disparity.

• Lawmakers in Arizona passed House Bill 2720. The law change removed the lower quantity threshold for “hydrolyzed cocaine” (including crack cocaine), aligning it with the nine-gram threshold for powdered cocaine, so both are now punished equally.
• Virginia policymakers passed Senate Bill 888 in 2025. The new law removes the legal distinction between crack and powder cocaine for purposes of sentencing.
• The Feds Pardon: 400 Tons delivered by the ex-president of Honduras, vs everyone else?

Expunging Certain Criminal Convictions

Illinois lawmakers authorized expungement of certain criminal convictions with the passage of House Bill 1836. The Illinois Clean Slate Act, effective in 2029, will automatically seal eligible misdemeanor and certain felony records. Illinois joins 12 states and Washington, DC in having clean slate laws.

Emerging Developments in the Criminal Legal System

In 2025, proposals such as Maryland’s Senate Bill 925 to raise minimum penalties for drug offenses, Nebraska’s Legislative Bill 556 to charge youths as adults at 12, and Maine’s Question 1 on voter ID for incarcerated individuals highlighted the challenges of reforming the criminal legal system. Although these measures failed, they show ongoing obstacles. Additionally, states like Arkansas, Colorado, Illinois, Montana, and South Dakota are planning or expanding prisons, with Arkansas and Montana reaching peak imprisonment levels in 2023.

• In Arkansas, officials are planning a 3,000-bed facility with a $750 million budget for 2025. Illinois lawmakers are closing two older prisons while allocating $900 million for two new 1,500-bed prisons. Montana approved an additional $436 million for new prison beds and construction. Oregon requested $3 million for a feasibility study to replace an aging prison. South Dakota lawmakers backed a $650 million plan for a new 1,500-bed men’s prison.

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January 2, 2026

Another Circuit Invalidates Felon-in-Possession in Nonviolent Case 

In Ed’s case, he had fully paid his child support debt when found with a firearm. The 5th Circuit ruled there was no justification to disarm him, emphasizing that the focus should be on the nature of the predicate offense rather than his broader criminal history or individual traits, despite past arrests for assault.

The ruling aligns with the Third Circuit’s decision in *Range v. Attorney General * and the Sixth Circuit’s decision in *United States v. Williams*. However, it contradicts the decisions of the Eighth, Ninth, and Tenth Circuits. Notably, the Tenth Circuit case—*Vincent v. United States*—is currently on its third relist at the Supreme Court.

United States v. Cockerham, Case No. 24-60401, 2025 U.S. App. LEXIS 33001 (5th Cir., December 17, 2025)

~ Thomas L. Root

Promising pending case regarding 922g, in Duarte v. United States, Docket No.25-425, asks, “Whether 18 U.S.C. § 922(g)(1)’s [near the bottom of the list] categorical ban on the possession of firearms by felons is unconstitutional as applied to a defendant with non-violent predicate offenses underlying his conviction.” 

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December 31, 2025

Incarceration Ain’t Cheap–

The Imperfect numbers that the BOP Published [the Annual COIF Cost of Incarceration Fee], with commentary.

Costs for a Federal inmate,

• Housed in a Bureau or non-Bureau facility in FY 2024, the amount was $47,162 ($129.21 per day).
• Of course, the costs of being housed in a SuperMax aren’t the same as a Minimum Camp…
• Housed in a Residential Reentry Center for FY 2024 was $43,703 ($119.73 per day). 
• Home confinement supervision costs $4,742 a year ($12.96 per day).

BOP, Annual Determination of Average Cost of Incarceration Fee (COIF) (December 15, 2025)

Administrative Office of US Courts, The Public Costs of Supervision Versus Detention (June 5, 2025)

~ Thomas L. Root

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December 30, 2025

Who Runs The Courtroom?

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Carrying guns can be dangerous for drug dealers because it carries a mandatory additional sentence of at least five years under 18 USC § 924(c), more if you “brandish” it, and even more if you fire it.

Charges include possession with intent to distribute meth under 21 USC § 841 and an 18 U.S.C. § 924(c) offense. The § 841 offense carried a minimum sentence of five years, and the § 924(c) gun offense added another five. 

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SMARTLY SHE CHOSE TO COOPERATE: ERIKA DAY.

• 18 USC § 3553(e), rewards a cooperator with a motion to depart from a statutorily mandated sentence for substantial assistance.  The U.S. Attorney moved to depart below the statutory minimum for the meth offense but not for the gun offense. The district court granted the motion but sentenced Erika below the statutory minimum for both offenses, with time served on the § 841 count, and a single day on the Count 2 gun charge.

The Government, arguing that she had to get at least five years on the § 841 count, appealed.

During her pretrial release, Erika successfully completed drug rehabilitation and became a mentor. She managed two jobs, paid off her fines, and obtained her driver’s license after twelve years. With her newfound independence, she bought a vehicle, found stable housing, and worked on rebuilding her relationships with her daughters.

“Judge Kidd noted that rarely does a district court see how a defendant would act with a second chance. Due to Day’s cooperation, the court observed his rehabilitation over a two-year period. However, only one opinion mattered: the United States Attorney’s. She had the authority to allow the district court to impose a just sentence but chose not to, and today’s opinion confirms her power in this decision.”

United States v. Day, Case No. 24-13312, 2025 U.S.App. LEXIS 33634 (11th Cir. Dec 23, 2025)

~ Thomas L. Root

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December 29, 2025

Presidential Clemencies Bring Little Hope for Most Federal Prisoners

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The Examiner then listed Trump’s five most controversial clemency actions. Trump prioritized several high-profile pardons after taking office.

• First on the list was Ross Ulbricht, the drug black market operator whom Trump promised to pardon at the Libertarian Party convention in 2024.
• Next was Changpeng Zhao, the founder of Binance, who was pardoned after serving four months for money laundering.
• Former congressman George Santos, convicted of fraud, was pardoned after about four months in prison. The list also included,
• …former Honduran president Juan Orlando Hernandez pardoned. He was serving a 45-year sentence for drug trafficking 400 tons of cocaine, which some reports linked to Trump’s influence in the Honduran presidential election.

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Trump reacted angrily after Cuellar opted to run as a Democrat instead of switching to the Republican Party out of “loyalty” to him.

The Washington Post reported that at least 20 people pardoned by Trump this year had large restitution obligations, often more burdensome than their sentences.

For example, Paul Walczak, who failed to pay over $4 million in taxes, was pardoned before serving any time, clearing his IRS restitution. Many of Trump’s clemencies involved those with political connections to him. Walczak’s pardon followed $1M contributions from his mother, who also attempted to undermine Biden’s 2020 campaign.

Trevor Milton, who was convicted of defrauding investors of Nikola, received a four-year sentence but was pardoned by Trump, who noted Milton’s early support for his presidential campaign.

The transactional nature of Trump’s presidency was highlighted recently by former Pardon Attorney Elizabeth Oyer. You might remember that the Obama Administration launched a major fraud case against FIFA and over 30 other defendants, which is now before the Supreme Court on petitions for certiorari.

• But earlier this month, FIFA announced a new “peace prize” for those promoting global unity and awarded its inaugural prize to President Trump on December 5.

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Washington Examiner, Trump’s five most controversial pardons of 2025 (December 25, 2025)

Washington Post, Trump’s pardons wipe out payments to defrauded victims (December 19, 2025)

New York Times, Trump Pardoned Tax Cheat After Mother Attended $1 Million Dinner (May 27, 2025)

CNN, What is the FIFA Peace Prize and why did Donald Trump win? (December 5, 2025)

Facebook, Days after FIFA gave him a medal, Trump’s DOJ started dismantling a major corruption prosecution (December 22, 2025)

~ Thomas L. Root

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CONTINUING THE TOPIC OF PRESIDENTIAL PARDONS…

As a non-attorney, I may be mistaken. Nevertheless, courts routinely consider sentences imposed in comparable cases when determining an appropriate sentence. In January 6-related cases, many defendants—including some involved in violence—received no prison time or were later pardoned.

• Such outcomes raise concerns about consistency and fairness, particularly where more serious conduct results in lesser punishment. Principles of equal justice—rightly or wrongly—presume that similarly situated defendants are treated alike.
• Comparable disparities appear in drug cases as well, here too referring to the pardon of the former Honduran president despite large-scale cocaine (400 Tons) trafficking. These examples raise legitimate questions about accountability and fairness when similarly situated cases are treated differently, or when outcomes appear influenced by status or connections.
• Below are links to helpful tools when determining one’s sentence.

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Op-ed: It’s Time to Talk About Prison Food

• Surprise inspections of federal prison kitchens by the Department of Justice found rotting food, insect-infested storage, and broken refrigerators. Additionally, 36 states permit using food as punishment, often in the form of a tasteless “loaf” used as a replacement for those in solitary confinement. Although considered “edible humiliation,” courts have upheld its use since it meets minimum nutritional standards.
• CONSIDER THE 2025 DOJ-OIG FOOD INSPECTION REPORT

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• After the Biden administration commuted the sentences of 37 men on federal death row, President Trump pledged to impose severe punishments upon his return. A year later, many have been transferred to ADX Florence in Colorado, where inmates are kept in constant solitary confinement. At least one recently transferred man has attempted suicide. The Trump administration has ignored federal guidelines on housing assignments that consider medical, mental health, and faith needs alongside security risk to facilitate these transfers.

Dec. 23, 2025

• CBS officials decided not to air an investigative segment on the controversial El Salvador prison CECOT, despite it being cleared by their lawyers. Deported migrants reported experiencing sexual abuse and solitary confinement there. The decision not to broadcast the segment has led to accusations that it was pulled to avoid portraying the Trump administration negatively, raising concerns about CBS’s journalistic integrity.

The news segment critical of the Trump administration’s immigration policy was pulled from “60 Minutes” but is now circulating online. CBS officials decided not to air an investigative segment on the controversial El Salvador prison CECOT, despite it being cleared by their lawyers. 

Deported migrants reported experiencing sexual abuse and solitary confinement there. The decision not to broadcast the segment has led to accusations that it was pulled to avoid portraying the Trump administration negatively, raising concerns about CBS’s journalistic integrity.

WATCH: The 60 Minutes CECOT Segment

• The segment aired on the Global TV app in Canada. Someone sent me a link to a recorded version. Let’s see if we can figure out whether Bari Weiss’ decision to spike it was editorial or political.

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FEDERAL LEGAL NEWS (FLN)

12/19/2025

Humane Incarceration, Meaningful Rehabilitation.

Resistance to new initiatives, waste, mismanagement of government programs, and criminal behavior hinder the new appointees’ important efforts.

The positive impact of Director Marshall’s June 17, 2025, Memo, “To Fully Implement First Step Act and Second Chance Act.” That FSA and SCA sentence-reduction benefits should be “stacked, “and “Conditional Placement Dates” should “drive timely referrals, not bureaucratic inertia.” Although improvements in the process have occurred, it could take another 18 months to achieve, in My Opinion.

STAFF REORGANIZATION: virtually all Regional Directors have been, or are being replaced. Another Positive: the new administration’s more aggressive, results-driven leadership has encouraged reporting the worst abuses, and the absence of union obstacles to staff discipline or dismissal will accelerate the pace of reform.

CONTINUED: POOR MEDICAL CARE. To start, when an outside specialist recommends care, the BOP Clinical Director is not obligated to follow their recommendations. There are no immediate legal remedies to redress the most egregious personal injuries and deaths, such as;

• failure of prison staff to maintain medical alert systems in units, especially for night or weekend medical emergencies,
• failure of staff to timely respond when medical emergencies arise,
• failure to have emergency plans for medical crisis, not to mention
• the deliberate understatement of chronic medical problems,
• falsification of medical charts (in clear violation of federal law),
• lack of supervision of medical personnel, and outright medical errors.

Then, depending on the BP 9-11 Administration Process to address these concerns in a timely fashion.

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From FCI Thomson in western Illinois, medical staff are lowering care levels to keep inmates at the facility. In the past two months, there have been two deaths, and three more inmates are expected to die after being transferred. Due to the limited Care 3 bed space, everyone is being moved to Care 2, hindering their access to necessary “Timely or Adequate Health” care.

Letters to FLN from Thompson: 

• 8 inmates with advanced Prostate Cancer receiving no treatment, and
• Over 25 with large hernias, some experiencing vascular issues and discoloration, just managing their conditions without care.

Healthcare staffing crisis, with only

• Two nurse practitioners and two doctors for 2,100 inmates.
• Medication distribution is often delayed due to budget constraints, and
• Essential medical supplies, like wipes and catheters, are lacking.

Prisoners face additional misery due to a system that appears to punish them for seeking essential medical treatment, such as a colonoscopy. This prisoner’s story,

• I was placed in the Security Housing Unit (SHU) for a cleaning procedure, enduring two days in a cell with temperatures around 80 degrees Fahrenheit and no sleep.
• Then the bus trip for treatment, with 10 to 17 inmates, was shackled together.
• We arrived at the hospital around 5 or 6 AM, but didn’t return until 5 to 7:30 PM. Our meals consisted of a peanut butter sandwich, a stale bag of chips, and a bottle of water for the entire day.
• We weren’t allowed to use the restroom or even blow our noses during the trip.

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SNIPPETS FROM THE OIG REPORT

• The BOP’s Response to Medical Emergencies Was Often Insufficient Due to a Lack of Clear Communication, Urgency, or Proper Equipment

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For other legal information, use the information below.

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com

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BOP IN THE NEWS

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BOP National Resource Team

December 10, 2025

The initiative launched at FCC Victorville began with the USP as its first site. The Deputy Director engaged inmates by asking what could eliminate prison politics. Suggestions included state-of-the-art tablets, more leadership support, and expanded programming. Inmates raised concerns about the accuracy and timeliness of their FSA time credits. The Deputy Director advised leadership to apply credits at the warden’s discretion, resulting in immediate changes in security designations, extended RRC placements, and some immediate releases.

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Highlights from the 2025 Corrections Leadership Summit

December 30, 2025

The Summit emphasized the importance of personal accountability, servant leadership, and the power of influence, highlighting a key truth: great leaders create great institutions. The insights and momentum gained from these two days will continue to shape our leadership development efforts across the agency in the coming months.

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ABOVE THE LAW, BEST OF 2025

Georgetown Law to Ed Martin: F All The Way Off

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MEDICAL:

AUTISM RESOURCES: MISSED OR MISDIAGNOSED. 

From the VA Board of Medicine to the State Physicians, continuing Education is recommended.

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Hepatitis C Virus Is Associated With Increased Mortality Among Incarcerated Hospitalized Persons in Massachusetts

Access to HCV  treatments in carceral settings is limited.

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