Northern District of
Indiana
Continuing Legal Education
May 2016
Federal Bureau of Prisons
Designation & Sentence Computation Center (DSCC)
Grand Prairie, Texas
Presented By:
Jose A. Santana, Chief, DSCC
Craig Pickles, Section Chief, Sentence Computations
1
Objectives
•
Understanding the DSCC & Its Role
•
Initial Designations & Judicial
Recommendations
•
Sentence Calculations
•
Other DSCC Functions
2
3
 122 Institutions
 13 Private Contract Correctional Institutions
 Total BOP Inmate Population: 196,134
 16 Designated for Female Offenders
FPC Alderson, FCI Aliceville, FPC Bryan, FMC Carswell
SPC Coleman, SPC Danbury, FCI Dublin,
SPC Greenville, SFF Hazelton, SPC Lexington,
SPC Marianna, SPC Phoenix, FCI Tallahassee,
SCP Tucson, SPC Victorville, FCI Waseca
4
•
•
•
•
FMC Carswell
FMC Devens
FCI Elkton- Low
FCI Marianna- Medium
•
•
•
•
USP Marion- Medium
FCI Petersburg- Medium
FCI Seagoville- Low
FCI Tucson - High
5
Work load is distributed by Courts of Jurisdiction (COJs)
Each Team is assigned certain COJs
For example, Tango Team handles all cases for the District of
Hawaii, including probation/supervised release and parole
violators.
Romeo Team is comprised of:
1 - Operations Manager
5 - Classification & Computation Specialists (CCS)
6 - Classification & Computation Technician (CCT)
1 - Administrative Assistant (AA)
6
Hotel Team is responsible for initial designations
and redesignations.
• Hotel Team is comprised of:
1 - Operations Manager
9 - Senior Designators
7 - Designators
4 - Specialists
1 - Management Analyst
2 - Administrative Assistants
7
DSCC
Team
Courts
Designations
Team
Classification
Staff
Meeting
in
Progress
Probation
Marshals
eDesignate
Classification
Staff
Office of
Medical
Designations
(applicable
cases only)
Marshals
Notified of
Designation
Inmate is
Scheduled
for
Movement
Arrival at
Designated Facility
Meeting
in
Progress
8
• DSCC Team determines whether the federal government
has properly acquired primary jurisdiction. Sovereign
which first arrests has primary jurisdiction to complete its
criminal process first, including service of sentence, unless
that sovereign relinquishes custody.
• If the state has not properly relinquished jurisdiction, the
Team notifies the USMS so they do not accept the inmate
into physical custody. Jurisdiction is NOT transferred when
inmate is received into federal custody via writ ad
prosequendum.
• If the inmate is properly in federal custody, the Team
will determine the custody score.
9
• eDesignate System is used in all 95 federal judicial
districts and DC Superior Court.
• USMS sends designation packet to responsible
DSCC Team that includes the USMS Form 129,
J&C, SOR and PSR.
• Judicial recommendations are a factor considered
during the designation process.
10
• Classification is necessary to place each inmate in the
most appropriate security level institution that also
meets his/her program needs and is consistent with
the Bureau’s mission to protect society.
• BOP facilities are classified into Minimum, Low,
Medium, High, & Administrative facilities based upon
the level of security and staff supervision the
institution is able to provide.
• Initial security designation data is entered into Sentry
based upon information contained within the PSR.
11
• Detainers/Pending Charges
• Pre-Commitment Status (VS = minus 3 points)
• Judicial Recommendations
• Violence History
• Escape History
• Months to Release
• Offense Severity
• Criminal History Score - (derived from the criminal history
points in final judgment & SOR. If not in either document, BOP uses
points assessed by USPO in PSR.)
12
• The Team uses the medical/mental health calculator to
establish a screen level.
• The Team loads the Security Designation Data.
• Depending on the assigned screen level, the case is
reviewed by Hotel Team (screen level 1 or 2) or by
OMDT (screen level 3 or 4) for designation.
13
After initial designation and provisional care level
assignment by DSCC staff, BOP clinicians determine
care level based on:
• Treatment modalities;
• Inmate functionality; and
• Diagnostic categories (e.g., cancer, diabetes, etc.)
Based on care level assessment, the institution may
request a transfer from OMDT, if needed.
14
• FMC Butner, North Carolina
• FMC Carswell, Texas
• FMC Devens, Massachusetts
• FMC Lexington, Kentucky
• FMC Rochester, Minnesota
• MCFP Springfield, Missouri
15
In deciding where to designate an inmate,
designators consider the custody classification level
and:
• Inmate’s care level
• Inmate’s release residence
• Inmate’s programming needs
• Population levels at appropriate institutions
• Recommendations of the sentencing court
• Central Inmate Monitoring (CIM) issues
• Increased security measures to ensure protection of
victims/witnesses and the public
16
• 2006 -
56,581
• 2007 - 70,057
• 2008 - 68,290
• 2009 - 75,694
• 2010 - 78,037
• 2011 89,366
• 2012 80,511
• 2013 79,176
• 2014 73,454
• 2015 67,716
• 2016 17,227 (January-March)
756,109
(73,888 yearly average)
17
•
•
•
•
•
•
•
•
•
•
•
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 -
40,633 (beginning February 2006)
67,380
47,391
34,028
37,674
33,108
37,466
42,443
52,357
48,549
12,670 (January-March)
453,699
(44,103 yearly average)
18
76% of Recommendations Followed
60,000
66,417
40,000
31,125
20,000
23,732
0
Initial Designations
Judicial Recommendations
Recommendations
Followed/Partially Followed
** The Bureau makes every effort to comply as long as the recommendation
does not conflict with Bureau policy and/or sound correctional
management.
19
For the
The Northern District of
Indiana
141 of 158 Judicial Recommendations
Followed or Partially Followed
89% of Recommendations Followed
20
Sentencing Court Determines:
• The length of the prison sentence;
• How sentence runs in relation to other sentences, e.g.,
concurrent, consecutive, etc.: 18 U.S.C. § 3584(a) &
Setser v. United States, --- U.S.---, 132 S.Ct. 1463 (2012)
Bureau Determines:
•
•
•
•
•
Date of sentence commencement - 18 U.S.C. § 3585(a)
Prior custody credit - 18 U.S.C. § 3585(b)
Projected good conduct time - 18 U.S.C. § 3624(b)
Projected release date - 18 U.S.C. § 3624(a)
Place of incarceration - 18 U.S.C. § 3621(b)
21
 2007 - 111,663
 2008 - 167,571
 2009 - 151,914
 2010 - 168,654
 2011 - 154,758
 2012 -
158,736
 2013 - 157,318
 2014 - 153,399
 2015 - 170,771
 2016 41,140 (through 04/01)
1,435,924
(yearly average 154,976)
22
When does the Sentence Commence?
•18 U.S.C. § 3585(a) - when defendant is received into
custody at (or awaiting transport to) “facility at which
sentence is to be served.”
Prior Custody Credit - Calculated by the Bureau
United States v. Wilson, 503 U.S. 329, 112 S.Ct. 1351 (1992)
•18 U.S.C. § 3585(b): Credit given for time in “official detention”
• (b)(1) as a result of the current offense; or
• (b)(2) any other offense for which defendant was arrested
AFTER commission of current offense which has not been
credited towards another sentence
23
 Processed as they are received at the DSCC
 Calculated as if November 1, 2015
 Multiple Counts/Judgments
 RDAP
 Define “Release”
24
Good Conduct Time (GCT)
18 U.S.C. § 3624(b)
Available only for sentences longer than 1 year
BOP awards 54 days GCT at the end of each year
actually served
The 54 days of GCT is equivalent to 14.79% off of a
one-year and a day sentence
25
Non-violent inmates who successfully complete the
RDAP may, at the discretion of the Director, be
eligible for up to a one-year early release.
 Must have no prior or current convictions for
disqualifying offenses;
 Satisfactory behavior in prison; and
 Successful completion of all 3 components of RDAP
Inmates with disqualifying convictions but
documented substance abuse disorders may still
participate in the program, but will not receive an early
release benefit.
26
Reviews of all inmates entering program are conducted
by DSCC Legal Staff.
 Current offenses reviewed under 28 C.F.R. § 550.55(b)(5)
and (b)(6) and PS 5162.05.
 Prior offenses reviewed under 28 C.F.R. § 550.55(b)(4)
and (b)(6).
 D.C. Offenders reviewed under 28 C.F.R. §
550.55(a)(1)(ii).
Inmates are notified of the early release determination &
may appeal determinations through the Administrative
Remedy Program.
27
Total # of Participants: 18,304 (FY 2015).
 Increasing every year; 18,102 in FY 2014.
FY 2015-2016 RDAP News
 Spanish RDAP is expanding. The Bureau now has 2
Spanish language RDAP’s.
 Opening of 4 additional RDAP Programs at United
States Penitentiaries.
 New milestone reached: 700 Drug Treatment
Specialists, providing residential, non-residential, and
drug education services.
28
Residential Reentry Centers (RRC)
• 18 U.S.C. § 3621(b): “Any order, recommendation, or request by a
sentencing court that a convicted person serve a term of
imprisonment in a community corrections facility shall have no
binding effect on the authority of the Bureau under this section to
determine or change the place of imprisonment of that person.”
• 18 U.S.C. § 3624(c)(1): “The Director of the Bureau shall, to the extent
practicable, ensure that a prisoner serving a term of imprisonment
spends a portion of the final months of that term (not to exceed 12
months), under conditions that will afford that prisoner a reasonable
opportunity to adjust to and prepare for the reentry of that prisoner
into the community. Such conditions may include a community
correctional facility.”
Home Confinement (HC) - 18 U.S.C. § 3624(c)(2)
• “The authority under this subsection may be used to place a prisoner
in home confinement for the shorter of 10 percent of the term of
imprisonment of that prisoner or 6 months.”
29
28 CFR 542.10 provides an Administrative Remedy
Program for inmates to seek review of an issue relating
to any aspect of his/her own confinement.
 It is a multi-level review process which begins with an
attempt at informal resolution of the issue. If that
does not resolve the concern, the inmate seeks review
by the Warden, then if not satisfied, review by the
Regional Director. Finally, he/she may seek review by
the General Counsel.
30
 Applies to inmates in BOP institutions, in RRCs, and
to former inmates regarding issues that arose during
their confinement.
 Types of issues addressed could be, for example,
sentence calculation, food/dining hall, access to
religious services, housing unit assignments, visiting
list concerns, disciplinary hearing officer challenges,
etc.
 For additional information, see Program Statement
1330.16, found at www.bop.gov, under “Policies.”
“News/Information” View More Information
Legal Resource Guide to the Federal Bureau of Prisons
31