ONLY YOU CAN CONTROL WHAT "YOU" DO AND HOW YOU "REACT." LOG YOUR ETC PROGRESS AND DAILY ROUTINE. THE ADMIN. REMEDY IS THERE IF NEEDED.
Dr. M. Blatstein
WHITE-COLLAR SUPPORT AND SOLUTIONS - I answer ?? and personally return ?? My calls.
THE INABILITY OF:
1. Timely Projected Release Dates (PRD),
2. Autocalculated Earned Time Credits (ETC), AND
3. Transition To a Halfway House, Home Confinement, or Supervised Release Appears to be an Impossible Option – Going Nowhere, Fast.
4. “Conditional Placement Date” Appeared in the third quarter of 2024 and then disappeared.
5. The Straw That Broke the Camel's Back was when the?a)FTC ?Conditional Placement Date,?b)Second Chance Act ?(SCA ) Conditional Placement Date, and c)Conditional Transition to the Community Dates were all released (on paper) and together just created mayhem among untrained staff (not having support from upper management(?) or just being overwhelmed), and frustrated AICs (and their loved ones) alike.
THE LACK OF TRANSPARENCY ETC, FTC, AND GETTING NO ANSWERS FROM BOP STAFF RESULTED IN
A food strike at FPC Montgomery (a Free Standing Federal Minimum Prison Camp) and the BOP sending 27 men to disciplinary housing at USP Atlanta (a Penitentiary, UGH!) as punishment for not eating and participating in civil disobedience...
Monday, September 16, 2024. “ Those 27 men have been in disciplinary housing in Atlanta for 5 weeks with no sign of a possible return to FPC Montgomery. Walter Pavlo, Forbes
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Bruce Cameron and retired BOP Unit Management Section Chief Susan M. Giddings state, "The BOP has no discretion to deny or delay transfer to prerelease custody for any reason, including lack of physical space." Nonetheless, the agency has the discretion regarding the type and location of placement. The BOP can determine whether to transfer the petitioner to a halfway house, place the petitioner under home confinement, or grant an early supervised release.
Furthermore, the court does not mandate that a petitioner be assigned to a specific halfway house; the Bureau of Prisons (BOP) retains the discretion to choose the prerelease facility. This has undermined the fundamental purpose of reentry as outlined in the First Step Act by Congress, contradicting the objectives of the Second Chance Act . I'll refer back to Bruce's great point at the end.
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LOOKING BACKWARD, THE BOP AND CONGRESS LOST THE INTENT OF THE LAW
The BOP references?18 USC § 3624(g), where all discretion is left up to the BOP alone, where they shall ensure sufficient prerelease custody capacity to accommodate all eligible prisoners.”
SHALL: means “shall,” and “all” means “all?”
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The BOP seems to have forgotten one of the FSA's purposes: to expand access to halfway house space through the FY24 Second Chance Act Community-based Financial Assistance Reentry Programs .
领英推荐
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Dr. Giddings –?'whose declarations have supported any number of government oppositions to prisoner habeas petitions ?since?First Step ?– only retired from the BOP five months ago'. As the “go-to” BOP official on all matters related to?FTCs , she would have been privy to the BOP’s thinking when she retired in the same month as a district court in Kansas handed down the remarkable?Woodley v. Warden ?decision.
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The BOP “retains its discretion regarding the type and location of placement.” They focus on the?Woodley ?court’s caveat that “the BOP retains the discretion to decide whether to transfer the petitioner to a?[halfway house] or home confinement or even whether to transfer to petitioner to early supervised release[…] Nor does the Court require that petitioner be placed in any particular [halfway house]; thus, the BOP retains the discretion to choose the particular prerelease facility.”
To comply, the BOP could send him?to one in Orlando, 70 miles from his residence. This would defeat the 2018 law's “intent,” which is to help people acclimate back into family life and society while looking at the 2018 law's “intent,” which is to help people acclimate back into family life and society while looking for work near their homes.
?Unfortunately, Congress failed to include participation in a meaningful prerelease community program in the?FSA Law. The distance from an incarcerated person's transfer—whether 5 or 500 miles from home—misses the essential point. The primary goal should be to ensure a smooth transition back into their community, allowing them to reestablish relationships and work near their homes. We must prioritize this crucial aspect of reentry. Here, I strongly agree with Mr. Cameron.
While this article attempts to provide an overview of the FSA, FTC, etc., to gain early release (without any guarantees), the best planning for early release begins Before your Presentation Interview .
I realize this sounds a bit premature, but in the end, all of your small steps taken along the way will (or may) pay dividends later.
?If you find this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach ??, and thank you for your time.
Marc, Dr. Blatstein
Humanizing Your Client Through Their Personal Narrative, Release Plan, and Allocution