Dr. M Blatstein's Blog

Federal Sentencing

1^st: Federal Defendants indicted, >93% likely will receive a federal sentence to a BOP facility

 

2^nd: The defendant’s first appearance in court

• ~93+%, can result in either a plea or verdict of guilty to a federal sentence
• Between the Defendant’s 1st and 2^nd court appearance, a resume or CV of the defendant’s background is developed, called the Presentence Report (PSR).
• The PSR is where the Defense Team Can make a Placement Request while documenting the defendant’s medical, criminal, work & education histories, etc.

3^rd: The defendant’s second court appearance is for the Sentencing Hearing

• The details of sentencing are not taught in most law schools
• Judges determine the length of time the defendant is imprisoned
• Judges can also make a placement request to the BOP

4^th: The BOP determines placement

• Some of the factors that affect placement (BOP Policy Statement P5100.08 (Chapter 4 Pages 5-13 and Chapter 5 Pages 12-13):
  • Judges recommendations
  • Public Safety Factor (PSF) Variables
    • Accepting Responsibility
    • Age
    • Criminal History
    • Education Level
    • Legal Release Residence
  • Management Variables: Pre-determined Security levels
    • Disruptive Group-confirmed member
    • Greatest Offense Severity #
    • Greatest Severity Offense
    • Prison Disturbance
    • Serious escape
    • Serious Telephone Abuse
    • Sex Offender
    • The Threat to Government Officials
  • Medical CARE LEVELS I-IV Structure
  • Mental Healthcare CARE LEVELS I-IV Structure
  • Psychology Treatment Programs
  • Medication Availability is explained in this video.
    
    • On Formulary, or available
    • Non-Formulary requires a lengthy preapproval process
    • Or Just Not Available, where a similar substitute may be implemented

For Groups: My PowerPoint Presentation