What Happens After Federal Prison

Pre-Release

After federal prison, an inmate is either sent to a federal half-way house, or placed directly on Supervised Release (Federal Probation is reserved for those who never received a prison sentence). An inmate, while in the halfway house, is still under the custody of the federal Bureau of Prisons and can therefore be subject to release or relief in the same way they were while incarcerated (see Incarceration). Anything from home-confinement to early release is possible from a half-way house. PCR Consultants can help.

Post-Release, and Supervised Release

After full release from the BOP into the hands of the local United States Probation Office, a former federal inmate has years of probation((called Supervised Release)) to deal with. Supervised release comes with a host of general and specific rules that must be followed, or the supervisee faces more prison time. However, PCR Consultants can help you here too. From changing the terms of your release to better suit you to ending probation altogether, you can affect your own future and we can show you how.

Whether you need to modify (change or eliminate) a term of Supervised Release from your J & C Order, or motion to be released from Supervision altogether, PCR Consultants can put the right law and paperwork in your hands for a FRACTION of the cost of an attorney.

When on federal probation or supervised release (after federal prison time is served), the specific rules applied to each individual are unique. Most of the time these rules are lengthy and confusing so violations can occur accidentally by the probationer. Learn how to live on probation, how to be successful on probation, and how to structure actions to obtain your release sooner from supervision.

Get started today and be on your way to early termination in minutes!

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Bureau of Prisons Gets a New Director

Lappin is Out

Nearly simultaneously, the current director of the federal Bureau of Prison Harley Lappin was arrested for DUI and announced his resignation from his position at the bureau. All this occurred in late march, 2011.

Now that his retirement is looming, the embattled U.S. Attorney General has announced the appointment of Lappin’s replacement: Charles E. Samuels Jr. Below is an excerpt from the original DOJ piece from justice.gov.

“Attorney General Eric Holder today announced the appointment of Charles E. Samuels Jr. as the director of the Federal Bureau of Prisons (BOP).

“I am pleased that Charles will continue to build upon 23 years of distinguished service at the department,” said Attorney General Holder. “I am confident that Charles will provide the kind of effective and innovative leadership that will increase efficiency, further expand prisoner development and reentry programs, and allow for transparency and accountability at the Federal Bureau of Prisons – while remaining true to the BOP’s core mission of protecting public safety.”

“I am very honored to be appointed by Attorney General Holder to serve as the director for the Federal Bureau of Prisons and will continue to work with the great staff at every level of the BOP to meet our mission to protect society and provide meaningful life skills and reentry programs for our inmate population,” said Samuels. “I also look forward to working with the leadership and others in the Department of Justice, throughout the federal government and in states and local communities to further the department’s goals and objectives.”

Samuels began his career with the BOP as a correctional officer in 1988. He was promoted to a number of positions within the BOP including correctional programs administrator and executive assistant for the Northeast Regional Office. Samuels has served as associate warden at the Federal Correctional Institutions at Otisville, N.Y. and Beckley, W.Va.; ombudsman in the BOP’s Central Office; warden at the Federal Correctional Institutions at Manchester, Ky. and Fort Dix, N.J.; and senior deputy assistant director of the Correctional Programs Division.”

The Rumor Mill

This news will no doubt set the inmates of the Bureau of Prisons ablaze with rumor about how this new director will be great or terrible. The reality is that there is no indication that the BOP will do anything except the same old stuff under the direction of Samuels.

Bureau of Prisons – Transfers

Overview of Transfers

Transfers (also known as redesignations) come in many forms within the Bureau of Prisons (BOP). Most transfers are initiated by the BOP itself, with little to no imput from the inmate or their family. However, this doesn’t always have to be the case. Below I’ll list the common types of transfers, what they mean, and why they happen.

To begin, transfers within the BOP are governed by the Program Statement 5100.08. Program Statements are the rules that the BOP creates for itself to comply with National law.

Types of Transfers

There are thirty-one (31) different types of transfers within the BOP. Most of these types of transfers are not able to be influenced by an inmate because they are for security or administrative purposes, however some exist which are. The most common transfer types are listed below:

Institution Classifications Transfer: This type of transfer occurs when an inmate’s security level has changed.

  1. “Lesser Security” transfers occurs when “a decrease in the inmate’s security level is indicated by the Custody Classification Form.” When conduct has been clear for enough time, points are deducted from the inmate’s record. When these points drop below the threshold of their current institutions security level, transfer is considered. Transfer doesn’t always occur, but if an inmate knows his security point total, he may initiate a request for the transfer to spur the BOP to transfer him to a different prison.
  2. “Greater Security” transfers work just the opposite way
  3. “Custody Level Changes” indicate that a transfer is appropriate and work much the same way as the above security-level-related transfers

Nearer Release Transfers:: These transfers move the inmate closer to their legal residence or release destination (if they are different), as long as this transfer is consistent with their security level. This transfer is only considered after 18 consecutive months of clear conduct have been observed in general population. These transfers are often made together with Lesser Security transfers, occur within the last year or two of an inmate’s sentence, and transfer the inmate to within 500 miles of the home of record.

Program Participation: This type of transfer is common when an inmate is eligible for specific programs offered by the BOP. Most commonly, this is used for participation in the Residential Drug Treatment Program (RDAP). Not only can this transfer bring an inmate closer to home, it can lower his security level and take up to a year off his sentence.

Of the 31 different types of transfers, these are the types that can most commonly be influenced by an inmate themself. To learn more about these and other types of transfers, read the full text of Chapter 7 in Program Statement 5100.08.

Federal Pretrial Primer 3: Getting the Prison you Want

This is the third and final installment of PCR Consultants’ primer on the federal pretrial phase of incarceration. The institution where one eventually does time is equally as important as how much time he or she will spend inside.

Your Next Destination

Are some Institutions Better than Others?

The short answer is: yes. Once it becomes clear that a prison sentence is unavoidable, the next question is always about where a defendant will do his or her time. This is not only an important question, it is the ONLY question that can make a meaningful difference to quality of life when doing time, and how soon an inmate can leave.

A lot of questions need to be answered, but this is where lawyers tend to fall very short. Lawyers can know a ton about criminal defense, but also know almost nothing about the inner workings of the Bureau of Prisons (BOP). The BOP uses its own set of standards to determine what security level an inmate “requires”. A future inmate of the BOP might assume that he belongs in a camp because he has no prior criminal record at all, but this isn’t always true.

If a sentence is too long, security levels increase. If it is too short, the certain camp a defendant asked to go to may no be given to him because it offers programs that require a sentence be certain length to qualify for placement there. At this point a judge’s opinion is only advisory, and the future inmate is fully at the mercy of the BOP. However, there is good news.

A sentencing judge can make a recommendation to the BOP of where he or she wishes to be incarcerated. If (and this is a huge ‘if’) that judge makes a recommendation for placement which is within BOP regulations for security level and program needs, that recommendation is granted a large majority of the time. If not, a future BOP resident can be sent literally ANYWHERE in the country that has room for them. Avoiding this mistake can mean months of time taken away in a halfway house and even up to a year off an inmate’s sentence for participation in the BOP’s residential drug and alcohol program.

Because lawyers make their money in criminal defense, most don’t spend the time to make truly informed decisions on what to ask the judge to recommend. This mistake is costly, but the cost of it is only apparent after one is already behind bars and its months-too-late to correct the problem. Prison Consultants, good ones anyway, have first-hand knowledge of the BOP process of inmate designation and which institutions are better and worse, closest to home, and have the programs available for each client’s specific needs.

Thank you for reading this primer. There will be many more to come which detail life inside the BOP, what to expect from a halfway house, and what’s in store for a released convict with the US Probation Office.