SEX OFFENDER PLACEMENT
THEIR SAFETY IS PART OF YOUR SENTENCING AND PLACEMENT CALCULATION.
*
– THE SEX OFFENDER IN FEDERAL PRISON.
For issues pertinent to defense strategy, consideration should be given to your client’s placement in preparation for their Presentence Interview. It is important for the court to consider your client’s safety by requesting the court grant initial placement into a Sex Offender Management Program (SOMP) while waiting for your client’s voluntary admittance into a SOTP Program.
a
The Probation Officer will draft the official Presentence Report (PSR) after their interview and investigation. With preparation, your message stands a better chance of being included in the PSR and “on the record”.
a
Beinga proactive in preparation for the PSI can head off some of the issues that may arise later for those facing longer sentences, e.g., 30 years. Higher security facilities such as USP Tucson, USP Coleman II, and USP Terre Haute may be the BOP default choices to house a higher percentage of sex offenders, inmates who have cooperated with the government, and those who are in bad standing with their gangs. However, where the inmate’s safety is in jeopardy, the BOP can lower its Public Safety Factor, which allows for a lower security facility. Whether this is all done in a timely fashion is anyone’s guess.
a
A prepared and supported Presentence Interview (PSI), now drafted into the official Presentence Report, is the standard that the court and BOP will use. This is why I will cover 1st) programming placement, 2nd) protecting your client from other inmates and staff alike, and 3rd) knowing your client; it should all be part of your initial PSR calculation.
a
Not being placed into a SOMP, and should an incident occur, could, at best, result in your client spending the remainder of their sentence in isolation for their protection. Then, over time, this may yield a host of mental health phobias, leading to more severe ailments. The benefit of being proactive as you help your client safely transition into the prison environment cannot be overstated. This is especially significant if the PSR includes the documentation of a mental illness with diagnosis, including the treating physician’s records and testimony.
a
While hard to conceive, these efforts could also go a long way in relieving some of the life-altering fears your client and their families are going through at this time.
I) FEDERAL PRISON:
BOP PROGRAMMING WITH 2 LOCATIONS NATIONWIDE
a
SEX OFFENDER PROGRAM RESIDENTIAL (SOTP-R)
It is a voluntary program (P5324.10) for those with a history of multiple sexual offenses, re-offense, extensive non-sexual criminal histories, and/or a high level of sexual deviancy or hypersexuality. Inmates ordinarily participate in the program during their sentence’s remaining 36 to 48 months. The duration of the program is 12-18 months. Placement in the SOTP-R is reserved for inmates with more extensive sex offense histories, and cohousing participants permit the implementation of a modified therapeutic community separate from the general population.
a
Having only 2 SOTP-R facilities nationwide – before they enter the program, initial placement into a free-standing Federal Prison Camp (FPC), or satellite minimum camp (adjacent to a higher secure facility), if appropriate, should be part of the court’s calculation.
a
This is because should an inmate consider acting violently towards your client – most would likely refrain as a single incident would have them transferred behind the wall to a higher security facility, which they would not want.
a
Ultimately, it comes down to knowing your client and the facility recommendation options available before SOTP-R placement. Keep in mind that no matter what the BOP says, this could be a real-life event, therefore having this discussion with your client may prove crucial.
a
BOP PROGRAMMING WITH 9 LOCATIONS NATIONWIDE
SEX OFFENDER PROGRAM NON-RESIDENTIAL (SOTP-NR)
Is also a voluntary program (P5324.10) for low to moderate first-time sex offenders with a single history of Internet Sex Crime, intended to identify offenders who are likely to re-offend. Inmates ordinarily participate in the program during their sentence’s remaining 36-48 months. SOTP-NR participants reside in the general population.
a
Having only nine facilities nationwide – before they enter the SOTP-NR program, where appropriate, consideration should be given to either an FPC or satellite minimum camp. Why? Because should an inmate act violently towards your client –
they would most likely refrain, as a single incident would have them transferred behind the wall to a higher security facility. Otherwise, any other placement could result in a life-threatening sentence.
Consideration may again come down to knowing your client and understanding the facility options available for the period before their SOTP-NR placement.
a
BOP, 1 LOCATION NATIONWIDE
BUTNER’S INTERNSHIP PROGRAM (2022-2023),
- FCI Butner is responsible for the psychological treatment and implementation of behavior management plans, with the coordination of the multidisciplinary treatment teams. Treatment is holistic and multidimensional, with the ultimate goal of reducing sexual dangerousness and criminal recidivism potential.
- FCC Butner has an internship-integrated practitioner-scholar model seeks “the productive interaction of theory and practice in a primarily practice-based approach to inquiry.” The Psychology Service’s internship component strives to meet doctoral candidates’ training needs in applied psychology through supervised experience, didactic programs, and focused scholarship.
- There should be no other issues regarding inmate threats because there is only 1 location, which appears ‘court ordered’.
a
II) ENSURING THE PHYSICAL SAFETY OF YOUR CLIENT
Among inmates and convicts, sex offenders are at the bottom of the prison hierarchy and, generally, are greeted with hostility.
The BOP, where needed, assigns sex offenders to higher security facilities, which may not be perfect. But this can be especially evident when they’re placed in the general population.
Next, when the new sex offender first arrives and meets their new bunkmate, it is not unusual for them to be asked, what did you do?
No matter how they answer, their roommate or bunkmate Will eventually Find Out! After that, at best, the sex offender is avoided – at worst, they could be robbed, beaten, or even killed. Then, he/she may have to spend the rest of their entire sentence in solitary confinement.
Therefore, in the memorandum, safety may dictate placement in either a facility with a Sex Offender Management Program (SOMP) or, at minimum camp, where appropriate.
<>
I believe that the responsibility for a client’s Mental and Physical Health should be safeguarded to protect them from themselves and others while providing a safe environment for the duration of their incarceration – allowing them to return home to their families after doing their time. Ultimately, this is the responsibility of the Court, Defense Team, and BOP.
If this was helpful, please share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services (getting your message on the record – is best done before the PSI and also could support your BOP placement request), or have any ideas for future topics, I am easy to reach, and thank you for your time.