Presentation to
Federal Public
Defenders
Art Beeler – Instructor
North Carolina Central University
Retired Complex Warden FBOP
March 15, 2013
Presentation to FPD’s
 Grey


Wall of Silence
The Grey Wall of Silence was documented
in 1988 by a former correctional officer and
researcher, which in parts says that
correctional workers are suspicious of all
outsiders. (Kauffman 1988)
Some research since 1988 says this is not as
strong as Kauffman documented, but there
is no doubt this exists among many
correctional workers.
Presentation to FPD’s

Building Relationships



As many correctional workers are suspicious of
outsiders, the building of positive relationships
whenever possible is of benefit to you and your
client.
Start with the Unit Team. Case Manger,
Counselor and Unit Manager.
Refrain from getting into confrontation with a
staff member. If Unit staff is not available, ask to
see the Executive Assistant. Know that there is
one Executive Assistant for the Complex at
Butner.
Presentation to FPD’s
 Use
www.bop.gov to learn of policy
before requesting something for your
client. If it is discretionary as many issues
are, prepare a letter to the Warden
indicating why you would like for your
client to be provided X.
 Know that each institution has what are
known as institutional supplements to
implement policy – but not to replace it.
Presentation to FPD’s
 Compassionate


Release
Governed by Program Statement 5050.46
28 CFR 571.60
 Whenever
possible go to the bop website
and look up the policy along with procedure.
CFR provides for policy, website gives
procedures as well as policy.
Presentation to FPD’s
Process for Compassionate
Release



Inmate applies for Compassionate Release.
At medical facilities there is generally a multidisciplinary committee which reviews the
inmate’s application. (At other institutions this
is done by unit team, but vast majority of
applications are from MRC’s)
This committee reviews the application and
makes a recommendation to the Warden to
recommend or not recommend
compassionate release.
Presentation to FPD’s
Process for Compassionate
Release


If the Warden recommends Compassionate
Release, a package of material to include
sentencing information and medical
information is forwarded to the Regional
Director. The Regional Director may approve
the recommendation or deny it.
If approved by the Regional Director, the
recommendation is forwarded to the Office
of the General Counsel. The General Counsel
coordinates with Medical to determine if the
cited health condition warrants consideration.
Presentation to FPD’s
Process for Compassionate
Release


The OGC reviews or obtains input from a host of
stakeholders but primarily USPO’s and United
States Attorney Offices. These offices and the
constituencies they represent may provide an
opinion regarding the proposed compassionate
release.
The General Counsel discusses the case and
recommendation with the Director. If the Director
concurs with the recommendation a motion is
prepared to the Sentencing Court. If the Director
does not concur, OGC prepares a memo to the
inmate indicating the denial (non-appealable).
Presentation to FPD’s
Process for Compassionate
Release


If the Warden does not recommend
Compassionate Release, the inmate may
appeal. If the inmate is so infirmed he/she is
not able to write an appeal, a staff member
will be assigned to assist. The program
statement governing appeals is: PS 1330.17.
Policy gives time periods to answer appeals.
By experience, most Wardens do not wait the
entire period to answer the appeal.
Presentation to FPD’s
Process for Compassionate
Release
 If
denied at the local level, the inmate
files an appeal to the Regional Director
and ultimately the Office of General
Council. OGC is the final authority for
reconsideration.
Presentation to FPD’s
 Recently
Human Rights and FAMM
published a report: The Answer is No: Too
Little Compassionate Release in US
Federal Prisons
Presentation to FPD’s
 The
major findings are there are too few
and the processing takes too long.
 I, from a personal standpoint, would
agree there are ways to streamline the
process, which the Director agreed would
be reviewed.
 But there is one finding in particular I
personally would caution against.
Presentation to FPD’s
 The
report suggests this process be moved
from being administrative to judicial.
 From my experience, I would argue
against making this an adversarial
process.
 Although the report intimated there was
no process for Wardens when they made
recommendations, it is my contention
they deal with risk analysis everyday.
Presentation to FPD’s
 Generally
the three things a Warden has
to consider.



Risk Analysis
Medical Need
Resources
Presentation to FPD’s
 In
closing Compassionate Release
Consideration is a complex analysis where
compassion, public safety, depreciation
of the seriousness of the offense behavior
or previous offense behavior, victim rights,
medical need and resources are all
considered.
References
 Kauffman,
K. (1988). Prison Officers and
Their World. Cambridge, MA: Harvard
University Press
 Klofas, J. (1984). “Reconsidering Prison
Personnel: New Views of the Correctional
Officer Subculture.” International Journal
of Offender Therapy and Comparative
Criminology 28(3): 169-175.
References
 Program
Statement 5050.46,
Compassionate Releases
 Program Statement 1330.17,
Administrative Remedy Process
 Human Rights Watch (November, 2012).
The Answer is No; Too Little
Compassionate Release in US Federal
Prisons, New York