THE PROBATION REPORT WORKSHEET, WILL YOU BE PREPARED?
I’m Dr. Marc Blatstein. I’ve been where your clients are and am here to help them on their journey. With work, I got my license reinstated and my career back. While I can’t make promises, preparing for the PSI (Narrative, Release Plan, and Allocution) is critical for a successful journey; from my experience, it is both needed and helpful.
Preparation for release (at least considering it) before their PSI is a start in the right direction. They may do something completely different, but having a Plan and Daily Routine for day 1 in prison as to what to expect is a good start.
Preparing defendants for their Presentence Interview (PSI) and first day in prison helps alleviate the fears you and your family naturally experience. This informative PowerPoint presentation comprehensively covers various aspects, from how to prepare for your Presentence Interview to what to do after entering prison.
For instance, counsel should verify if the court’s (or your) intake paperwork, such as The PSR and J&C, has been received before the defendant (you) arrives. Not doing so may result in solitary confinement or isolation, as it did in my case. This video is a good introduction, and I am here to help in any way possible.
OPTION 1
IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY CELL (240.888.7778), AND I RETURN ALL MY CALLS – MYSELF. –Dr. Marc Blatstein
We are not Attorneys; you need Legal Representation.
OPTION 2
Presentence Interview Preparation ⇒ The Most Important Meeting of Your Life.
Nothing Is Guaranteed, But Being Unprepared Is Unacceptable
In Video 19.1. To increase your chances of a favorable outcome, it is recommended that you provide your Officer with all the requested documents, including your Biographical Background (such as medical records), Personal Identification, and a well-written Personal Narrative and Release Plan. You may also consider providing these in both written and video formats, as this can make it easier for the judge to understand who you are as an individual.
Before submitting your materials to your Probation Officer, please ensure they are proofread, organized, and submitted 1-2 weeks before your interview. Your Probation Officer can copy and paste your written version into your Presentence Report while physically attaching the original document to the report. I hope this advice is helpful to you.
Please download our sample BOP (Bureau of Prisons) packet to show you what a strong placement request packet contains. We include the programs specifically designed to support a successful placement and rehabilitation, keeping in mind that even the BOP Medical Centers also appear affected due to physician staffing shortages. By providing this information to the court, you can demonstrate a clear plan for your client’s rehabilitation and increase the likelihood of a favorable placement outcome. FPC Alderson.
I co-published the article in the video below, “The Critical Role of the Presentence Report,” and will provide commentary.
In this video, I read the article Published in The Federal Lawyer regarding Medical Care in Federal Prison. If you have a medical issue, I recommend listening; it is informative and detail-oriented. If you have questions, please call me on my personal cell (240.888.7778). If I cannot pick up, reassure that I return all calls. -Dr. Blatstein
Prisoners have the right to receive adequate medical care per their constitutional rights. However, lawyers representing criminal defendants often do not understand what this entails and how to get treatment for their clients. This article addresses this knowledge gap by providing insights into the medical, mental health, and substance abuse programs and policies offered by the Federal Bureau of Prisons (BOP). Additionally, the article highlights the educational, vocational, and other relevant programs available to rehabilitate inmates and prepare them for their re-entry into society.
Equally important, the article explains the Critical Role of the Presentence Report (PSR) in determining whether and how the needed treatment and programs will be available to a defendant. Documentation is paramount, and the diligent attorney must proactively gather and supply the appropriate documentation to the probation officer preparing their client’s PSR.
How well prepared for your presentation interview will affect your sentence and eligibility for the needed Medical Care and specific First Step Act Programs.
Comprehensive Preparation includes the Memorandum, which contains a sentence backed up by The Guidelines and all of the requested Biographical Background and Personal Identification Information.
Organized and delivered to the Officer one to two weeks before the interview, provides them with the time needed to fill out their Probation Report Worksheet.
Then, during the interview, the probation officer has the time to get to know the defendant personally and ask any remaining questions they may have. Further, they may appreciate your efforts in getting them the necessary information, showing that you respect their time.
Mental/Emotional Health and Physical Health
Substance Abuse
Education, Vocational and Other Skills and Military Career
Employment
Acceptance of Responsibility
Criminal History
With counsel, present a practical sentence request with supporting reasons and a recommendation for BOP Placement, Probation, or a combination.
For each client, we create an individual client profile or history.
If you become aware that you are the target of an FBI inquiry, it is of utmost importance to engage the services of a legal professional. Begin by evaluating potential lawyers and posing pertinent inquiries until you feel at ease.
Your legal team needs to be empathetic, listen to and discuss any thoughts you may have, and be forthright with them about the events of the crime.
Even though I thought I was truthful, in hindsight, I realized that I was still in denial and not the optimal client until years later.
You want to prepare your narrative and release plan and begin asking for letters attesting to your Character. Your attorneys’ support goes a long way in building this team effort as you prepare for your Interview.
Step 2
DECISION TIME: TRIAL OR PLEA
The federal government boasts a remarkable conviction rate of 98% when dealing with court cases. Nonetheless, if you and your legal team are convinced that going to trial is worth it and you have faith in the strength of your case (remembering that merely feeling correct might not suffice), then you may want to pursue this option.
As you are looking to hire an attorney for a federal case, you must ask your legal team about their track record in taking similar cases to trial and winning. This information will give you an idea of their expertise and the likelihood of success in your case. It’s also essential to ask these questions before engaging your attorney, as it will help you decide whether to hire them as you listen to advice you do not want to hear -but it is honestly delivered.
Similarly, if you are considering an appeal, it’s crucial to know if your legal team has experience with appeals and how many they have won. This information will help determine if they have the necessary skills to handle your case effectively.
In summary, before hiring an attorney or considering an appeal, ask your legal team about their track record in handling and winning similar cases. This information will help you make an informed decision and increase your chances of success.
If you lose, the prosecutor may ask for a harsher sentence, but you can still take measures to mitigate your sentence through your NARRATIVE.
Step 3
YOU HAVE BEEN FOUND GUILTY
It doesn’t matter how long the sentence is because you can shorten it through your efforts and work; just don’t get disciplined.
A. RDAP: (Up to 1 Year off Sentence). Eligibility should be included in your presentence interview.
B. Good Time Credit (GTC): 54 Days Per Year Off Sentence
C. First Step Act (FSA): After two years of Programs, it provides 1 Year Off Sentence for some.
D. Second Chance Act: This may provide more time for RRC or Home Confinement. Currently, the FSA provides more.
E. Medical Care Needs,
For a person facing custody, I have been stressing for years – that preparing your comprehensive medical history long before the Presentence Interview is critical to providing the court and BOP with your medical background as a baseline to refer to.
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 Flash Drives).
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 the appropriate care, it is essential to gather all relevant documentation and contact information for physicians, including their name, phone number, email, and address.
It is advisable to prepare thoroughly for The Presentence Interview, especially if there are concerns about medical care from the patient, their attorney, or treating physician. Doing so makes it possible to plan strategically and ensure the patient-inmate receives the necessary care during their time in the BOP. Still, remember, there are no guarantees once incarcerated, so attention to detail at the start is in your long-term interest.
Fatigue after COVID, as a POST-COVID LONG-HAULER. Although CARES is finished, for those with a confirmed diagnosis, their symptoms will keep them from participating in Programming plus some Activities of Daily Living(ADL), putting them in the position of potentially getting multiple Infractions due to the on-again, off-again of their symptomatic rollercoaster.
COVID and its variances are here to stay. If you are a medically vulnerable person, it’s important to know that you’re vaccinated, then legally inquire about the BOP Vaccination, Booster, and mandatory Mask status. This is because their COVID-19 Modified Operation Levels do not include this level of detail. They Over Promise What They Cannot Deliver. This is not a negative; the virus keeps mutating, leaving researchers and the medical field worldwide constantly playing catchup.
IMMUNOCOMPROMISED;
DOJ OIG Releases Capstone Review of the BOP Response to COVID-19. What are their current precautions? Are masks available when asked for? COVID-19 will be a viral contagion that we’ll all have in the future.
Medical Co-Pays. As COVID and other diseases are here to stay, Co-Pays do two things, both bad. (1st) Those who are sick will avoid the doctor, thus spreading the disease into the prison and community; (2) the person now requires more aggressive (and expensive) treatment.
Patient Care. Clinical care of inmates at Bureau institutions is under the direction of the local prison Clinical Director, who provides direct patient care and supervises other healthcare providers. P6031.04 6/3/2014, Page #5
The Clinical Director (CD) is not obligated to follow consultant recommendations. If the recommendations are not followed, the CD will document his/her justification in the inmate health record. P6031.04 6/3/2014, Page #8
All encounters by consultant providers will be documented on the SF-513. Contract consultants who evaluate inmates within the institution will not document on the Progress Notes(?).
All consultation reports will be reviewed, co-signed, and dated by the Clinical Director or staff physician. P6031.04 6/3/2014, Page 20
EMERGENCY/URGENT CARE
Each institution will have an Institution Supplement for 24-hour medical, dental, and mental health care. P6031.04 6/3/2014, Page #9
While the Mid-level Practitioner (MLP) is the PCPT’s primary care provider, physicians (MD, DO) are also responsible for direct patient care. Physicians will medically manage inmates with complex conditions on an ongoing basis, notwithstanding the assignment of that inmate to an MLP. P6031.04 6/3/2014, Page #15
Step 4
YOUR PRESENTENCE INTERVIEW: THE MOST IMPORTANT MEETING IN YOUR LIFE
The Probation Officer representing the court will conduct your interview and draft the Official Presentence Report. This report will influence your Judge at sentencing, the prison you go to, your security level, and how long your stay will be. It will determine the medical care you receive and your ability to participate in First Step Act Earned Time Credits toward early release.
The Presentence Report is known as ‘The Inmates Bible,’ and it is the gift that keeps on giving.
This is my second video covering the Presentence Report. It is critical as it will determine where you sleep, what you eat, your classes, and how easy or difficult your time will be.
You have provided all of your background and personal information, answered the questions that all judges want to hear and learn about you through your written NARRATIVE and Release Plan, and provided everything in an organized format to your Probation Officer (PSI) 1-2 weeks before your interview.
Now, at your interview, you and the officer have the time to have a casual conversation (with your attorney present), answering any questions they may have.
In the end, your P.O. may come away from your meeting feeling that you are quite different than the person described in your Indictment as you came to the interview prepared, more than any other defendant they have interviewed recently. This, in turn, could result in a favorable recommendation to the Judge and a favorable Presentence Report.
Your Sentencing memo, which includes your Sentencing Length Explained, along with the Placement Request, should be submitted to the Probation Officer Before their PSR is final.
But remember that there are No Guarantees, as people are just people, and there are those who have good days and others who don’t.
With that thought in mind, doing this work will ultimately benefit you in the long run.
ADDITIONAL COPIES OF ALL PERSONAL IDENTIFICATION AND BIOGRAPHICAL INFORMATION THATS REQUESTED
Divorce Decree
Financial Records
School Diplomas, Your highest education level completed, Professional Diplomas, and any Trade or Occupational Certification(s).
Marriage Certificate
Naturalization papers
Draft Registration card
Car Registration papers
Military Discharge certificate
Birth or baptismal certificate
Immigration papers or passport
Employment verification (pay stubs)
Character Letters of Recommendation
Military Disability information (C-number)
Income Tax reports for the last three years (or more if requested)
Outstanding Detainers and Immigration Issues Resolved Before the Presentence Interview
Proof of residence (rent receipts, property, mortgage papers, etc.)
Professional papers (COPIES: Social Security Card, Drivers’ License, and Birth Certificate.)
Medical Records, Hospital—Surgical—Pathology and Blood Lab Reports, Copies of X-ray, MRI, CT, Ultrasound, PET Scans, EEG, and EKG reports (on Flash Drives or CDs), Prescriptions for Medications and Medical Devices.
Step 5
SENTENCING
The Day of Sentencing and Your Allocution
The Allocation is the first time you and the Judge meet—a critical moment for you. This allows the Judge to converse with you, most likely because of your Narrative. Make this a sincere first impression.
Judges would rather hear from you during the sentencing hearing unless your attorney has new information not contained in your sentencing memorandum and other submissions.” By Now, You’ve taken your 1st step towards Shortening Your Time In Prison.
MAKING THE PLACEMENT REQUEST.
Supports your reasons regarding “Why” the request is being made,
Provides examples from the BOPs’ own Guidelines and Programs Statements.
It is done with a personalized court-ready BOP placement packet, PPRS Prison Match™ (Our BOP Packet For Presentation To The Court That Includes The Programs In Your Placement Request, for Example FPC Alderson).
Care has been taken to pick an appropriate prison facility based on USSC and BOP Policies and Guidelines.
*There is no implied or otherwise guarantee of final prison placement, medical or medication availability, or program enrollment once incarcerated. The BOP has the final say on ‘All Inmate Issues,’ placement, and program enrollment once incarcerated.
In addition to providing the defense team insight into their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process.
These are recommendations only from PPRS/PPRSUS. The legal team, court, and BOP are ultimately responsible.
