Demystifying the B.O.P.
Time Computations, Designation,
Programs, and Advocacy
Robert M. Jensen
Assistant Regional Counsel
Bureau of Prisons – Northeast Region
December 6, 2013
1
Roadmap
•
•
•
BOP Overview
Statutory Guidance
Designations
•
•
•
•
•
What Court Cannot Do
Role of Defense Counsel
Basics of Sentence
Computation
Hypos
Questions
2
BOP National Map
3
BOP Northeast Region
4
Contact Info
Michael D. Tafelski
Regional Counsel
BOP Northeast Region
U.S. Customs House, 7th Floor
Philadelphia, PA 19106
(215) 521-7375
Email: mtafelski@bop.gov
Robert M. Jensen
Assistant Regional Counsel
BOP Northeast Region
U.S. Customs House, 7th Floor
Philadelphia, PA 19106
(215) 521-7387
Email: rjensen@bop.gov
5
18 U.S.C. § 3584
Multiple sentences of imprisonment.
(a) Imposition of Concurrent or Consecutive Terms.— If multiple terms of imprisonment are imposed
on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is
already subject to an undischarged term of imprisonment, the terms may run concurrently or
consecutively, except that the terms may not run consecutively for an attempt and for another offense
that was the sole objective of the attempt. Multiple terms of imprisonment imposed at the same time
run concurrently unless the court orders or the statute mandates that the terms are to run
consecutively. Multiple terms of imprisonment imposed at different times run consecutively unless the
court orders that the terms are to run concurrently.
(b) Factors To Be Considered in Imposing Concurrent or Consecutive Terms.— The court, in
determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall
consider, as to each offense for which a term of imprisonment is being imposed, the factors set forth in
section 3553 (a).
(c) Treatment of Multiple Sentence as an Aggregate.— Multiple terms of imprisonment ordered to run
consecutively or concurrently shall be treated for administrative purposes as a single, aggregate term of
imprisonment.
6
18 U.S.C. § 3585
Calculation of a term of imprisonment.
(a) Commencement of sentence. - A sentence to a term of imprisonment commences on the date the
defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service
of sentence at, the official detention facility at which the sentence is to be served.
(b) Credit for prior custody. - A defendant shall be given credit towards the sentence of a term of
imprisonment for any time spent in official detention prior to the date the sentence commences (1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the
commission of the offense for which the sentence was imposed;
that has not been credited against another sentence.
7
18 U.S.C. § 3621(b)
(b) Place of Imprisonment.— The Bureau of Prisons shall designate the place of the prisoner’s
imprisonment. The Bureau may designate any available penal or correctional facility that meets
minimum standards of health and habitability established by the Bureau, whether maintained by the
Federal Government or otherwise and whether within or without the judicial district in which the
person was convicted, that the Bureau determines to be appropriate and suitable, considering—
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence—
(A) concerning the purposes for which the sentence to imprisonment was
determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section
994 (a)(2) of title 28.
8
What a Sentencing Court Cannot Order …
1. Place of incarceration (18 U.S.C. § 3621);
2. Earlier commencement of federal sentence (18 U.S.C.
§ 3585(a));
3. Credit towards sentence for presentence custody (18
U.S.C. § 3585(b));
4. Referral into RRC or home detention (18 U.S.C. §§
3621(b), 3622, 3624(c));
5. Temporary release on furlough (18 U.S.C. § 3622);
6. Participation in a specific program (18 U.S.C. § 4042);
7. Participation in Residential Drug Abuse Program (18
U.S.C. § 3621(e)).
9
Defense Counsel Role (If Any) in Designation Process
1.
2.
3.
4.
Make sure Presentence Investigation Report is accurate;
Judicial Recommendations;
RDAP;
Become familiar with P.S. 5100.08, Inmate Security Designations
and Custody Classification;
5. Contact DSCC (via letter or email, Ohio is Foxtrot team);
6. Provide medical/psychological information;
7. Recognize effect of voluntary surrender;
8. Try to resolve pending charges;
9. Understand greatest security offenses;
10. Removable alien v. naturalized citizen;
11. Foreign official detention.
10
BOP Scoring
• Voluntary Surrender points;
• Greatest Security Level
offenses;
• Open cases/detainers;
• Leadership role;
• Public Safety Factors.
11
Basic Axioms of Sentence Computation
1. Sentences cannot commence until imposed - the earliest date a
sentence can commence is date of imposition.
2. No prior custody credit for any time spent on bail-type release.
3. Credit is awarded for any part of a day in official criminal detention.
4. No prior custody credit is awarded when it is credited towards
another sentence (there are exceptions).
5. With multiple sentences, aggregate first, if possible, and then apply
prior custody credit.
12
State and Federal Sentencing Issues
Interaction of state sentences and federal sentences
is very complicated and usually turns on the specific
facts. The Bureau is available to provide its
interpretation in complex cases.
There is a detailed memo on Interaction of State
and Federal Sentences, available at BOP Public Web
Site. (www.bop.gov/news/publications.jsp)
13
Hypo 1
Defendant is arrested on May 1, 2002, and
denied bail. On December 1, 2002, defendant is
sentenced to a 57 month term of imprisonment.
Arrest
5/1/02
Sentence
12/1/02
14
Hypo 2
Defendant is arrested on May 1, 2002, at 11:00 p.m.
and is released on bail on May 2, 2002, at 9:00 a.m. On
December 1, 2002, defendant is sentenced to a 57
month term of imprisonment and ordered to be
committed to BOP custody immediately.
Arrest
Bail
5/1/02
5/2/02
Sentence
12/1/02
15
Hypo 3
Defendant is arrested on May 1, 2002, at 11:00 p.m.
and is released on May 2, 2002, at 9:00 a.m. On
December 1, 2002, defendant is sentenced to a 57
month term of imprisonment and ordered to
voluntarily surrender on December 25, 2002.
Arrest
Bail
Sentence
5/1/02
5/2/02
12/1/02
Vol. Surr.
12/25/02
16
Hypo 4
Defendant is arrested on May 1, 2002. On May 2, 2002,
the court ordered that defendant be placed in a halfway
house (RRC) under the condition that he only be
permitted to leave to work to support his family. On
December 1, 2002, defendant is sentenced to a 57 month
term of imprisonment and ordered to voluntarily
surrender on December 25, 2002.
Arrest
RRC
Sentence
5/1/02
5/2/02
12/1/02
Vol. Surr.
12/25/02
17
Hypo 5
Defendant is arrested on May 1, 2002, and bail
release is denied. On December 1, 2002, defendant
is sentenced to a 57 month term of imprisonment.
On June 1, 2003, defendant is sentenced to a 60
month term to run consecutively with all prior
sentences.
Arrest
Sentence 1
5/1/02
12/1/02
Sentence 2 CS
6/1/03
60 + 57 months = 117 months
18
Hypo 6
Defendant is arrested on May 1, 2002, and bail release is
denied. On December 1, 2002, defendant is sentenced to
a 57 month term of imprisonment. On June 1, 2003,
defendant is sentenced to a 60 month term to run
concurrently with all prior sentences.
Arrest
Sentence 1
5/1/02
12/1/02
Sent 1
6/1/03
57 months
60 months
Sent 2
Aggregate
Sentence 2 CC
66 months
19
Hypo 7
On May 12, 2007, Defendant is arrested by NJ state police and charged
with death by auto, bail is denied. On May 13, 2007, he is indicted
federally for car jacking in relation to the same offense. On
May 26, 2007, he is taken into federal custody on the basis of a writ of
habeas corpus ad prosequendum. On June 1, 2008, defendant is
sentenced to a 120 month federal sentence to run concurrently with
any other sentence. On July 1, 2008, defendant is sentenced to 45
years on the state charge. The state judge allows that the state
sentence may be served in a federal institution.
State Arrest/ No Bail
5/12/07
Fed. Ind.
Fed. Writ
5/13/07
5/26/07
Fed. Sentence
6/1/08
State Sentence
7/1/08
20
Questions?
21