Federal Prison Advocates, by Jehu Hand
First Step Act Finally Being Implemented--January 13, 2022
Now that January 15, 2022 is arriving, the BOP no longer has any excuses about giving effect to our First Step Act Credits. But the DOJ issued final regulations to implement the FSA.
My draft petition which I did not need to file.
Here is, courtesy of FAMM, a chart on the earned credit system
Also courtesy of FAMM, a Pattern Score FAQ
DOJ Rescinds the Trump Memo on returning CARES Act inmates--December 21, 2021
The BOP, in a turnaround, told the DOJ they did not believe these prisoners on home confinement should return. That is what the DOJ bases its decision on. Here is the new DOJ opinion.
Office of Inspector General Blasts BOP Response to COVID-19-May 31, 2021 AND Post-Vaccine Problems Persist
Forbes Columnist Walter Pavlo wrote two columns today. The first article homes in on a selection of the prisons examined, such as Lompoc, Terminal Island and Butner, compared to Tuscon, where the BOP grossly fell short. The second article points out that even with many inmates and staff vaccinated, problems are going to persist.
Jeffrey Epstein guards who slept while he died planned to slam Federal prison system.-May 31, 2021
This article will sound familiar to anyone who have been in an MCC, such as the one in Manhattan. "The sources said falsification of documents is common at the jail and throughout the Bureau of Prisons. One source described falsely filling out paperwork as 'closer to a norm than an anomaly' in federal lockups." Wonder when an inmate uses this quote in his or her case against the BOP.
Tentative Victory in FOIA Suit to Obtain MTC Contract for Taft Correctional Institution.-May 28, 2021
As a result of my FOIA request, and after filing a complaint in the District of Columbia, I might be getting closer to obtaining the BOP/MTC Contract. The status report agreed to by the BOP says that agency will release any "non-exempt" portions of the contract. Since public contracts are per se public information, even pre-FOIA, I should get the entire contract. But I expect that the BOP will attempt to hide part of the contract.
Senate Judiciary Committee Tells BOP The FSA Time Credit Rule is Wrong!-May 24, 2021
The Senate Judiciary Committee, which shares oversight of the BOP with the House Judiciary Committee, has written a letter to the BOP telling that agency that its proposed rule (see Resources) that "one day" of programming can only be earned with 8 hours of participation is dead wrong.
This is one of several arguments I made in my letter commenting on the proposed rule. It would appear very doubtfull that the BOP will enact the rule in defiance of the Judiciary Committee.
Epstein Guards Falsified Prison Records-May 22, 2021
Prison guards at MCC New York in Manhattan lied on prison reports that they did their rounds. Instead of complying with their duties, "The night of Epstein's death, the guards repeatedly failed to complete the required counts of prisoners on their watch in the specialized housing unit where he was being held, according to the initial indictment. Instead, they were sitting at their desks, browsing the internet for furniture sales and sports news, and moving around the common area, the initial indictment said. The counts were supposed to take place every 30 minutes. But for a period of approximately two hours, the indictment said, Noel and Thomas 'sat at their desk without moving, and appeared to have been asleep.' " This validates what every Federal prisoner knows: falsifying records is part of correctional culture. The guards got off with no time, despite the fact that a prisoner died because of their malfeasance.
A good argument to use when you are the victim of a false report at an institution.Alternate report from NY Post
Lawsuit Filed To Keep Home Detainee From Returning to Prison, May 17, 2021
In the waning days of the Trump Administration, the DOJ issued an opinion that those prisoners who were sent to home confinement under the CARES Act would be required to return to prison when the "covered emergency period" expired. The first petition in Federal Court was filed yesterday in New Jersey regarding the false interpretation of the CARES Act and Section 3624 by the OLC memo: Dianthe Martinez-Brooks v. Attorney General Merrick Garland, et al.
Download here a copy of the lawsuit as filed. If you or a loved one is in this situation, you may consider filing one.