Dr. M Blatstein's Blog

1st. Prepare For Your Presentence Interview

Properly prepared will allow the probation Office to draft an accurate

Presentence Report – which will control your future

Incorporate these federal prison placement data points:

Medical and Mental Healthcare needs to be implemented through

Video PPRSUS. 14 explains how medical care is provided in federal prisons. The caveat can be read in recent reports in the news:

•  1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. WHY?  Being proactive includes obtaining a comprehensive medical history long before the Presentence Interview and setting foot in prison. With staffing shortages, this may not even be enough.
• Or, October 10, 2022, Judge Holds Federal Bureau of Prisons in Contempt for Allowing Man To Waste Away From Untreated Cancer.

The BOP CARE LEVELS I-IV Structure

• Psychological Treatment Programs, while available, have limited access, and several may be security level specific.

The First Step Act Includes;

I) Brave Program: A first-timer young male offender 32 years of age or younger, facing a sentence of 60 months or more

II) Challenge Program: 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 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 A significant functional impairment due to intellectual disabilities, neurological and/or remarkable social skills deficits such as Autism Spectrum Disorder, Obsessive Compulsive Disorder, Epilepsy, Alzheimer’s, Parkinson’s, or Traumatic Brain Injuries (TBIs), to mention just a few.

VI) Stages: A male inmate with a serious mental illness, a primary diagnosis of Borderline Personality Disorder, and a history of unfavorable institutional adjustment.

VIIa) Sex Offender Non-Residential Single Sex Crime or first-time Internet Sex Offense

VIIb) Sex Offender Residential Multiple sex crimes.

VIIc) Butner’s Commitment and Treatment Program for Sexually Dangerous Persons, Page 12, Is considered for sexually dangerous persons with the possibility of criminal recidivism. MAY NOT BE AVAILABLE.

VIII) Female Integrated Treatment: A female with substance abuse (RDAP Eligibility Possible), trauma-related disorders, and other mental illnesses. (FIT) Program

Medication availability falls into 3 tiers; this video helps explain whether your medication will be available by comparing your medication against those on the BOP list available online.

1. On the BOP Formulary (available).
2. Non-Formulary; these require a lengthy preauthorization process – so likely Not-Available.
   • As these are just not available. Similar medications are substituted, but how is their efficacy verified?

Security Requirements

1. Offense Level vs Criminal History Calculation
2. Criminal History Calculation
   • +3 points for each prior sentence > 1 Year + 1 Month.
   • +2 points for each prior sentence > 60 days, not counted above.
   • +1 point for each prior sentence, <= 60 days not counted above, for up to a maximum of 4 points in this category.
   • +2 points for each revocation with a new charge or under federal supervision.
   • + 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because the sentence was treated as a single sentence, up to a total of 3 points for this subsection.

The BOP and Prison Security Level Placement

• (Program Statement P5100.08)

The Presentence Report – A Medical, Medication, and Security Requirement Referral

PPRSUS.com

As found in my LinkedIn 2/29/2020 post