#cjreform

Only we can stop this! The answer to White supremacy is BLACK UNITY! Traitors must GO!

Follow and contribute to the conversation at #RJ2018 and #endshacklingNC.

The Yard | Lorton Prison © photochangellc 2017 Basketball, laundry and hanging out at Central, one of multiple facilities at the Lorton Prison complex. #photographyworkshop #rehabilitation #1980s #prisonphotography #everydayincarceration #80s #35mm #bnw #blackandwhitephotography #filmisnotdead #dcstoriesmatter #documentaryfilm #docshort #lortonprison #lortonva #acreativedc #inlortonsdarkroom #artsprogramming #shootfilm #basketballislife #basketball #laundry #prisonindustry #prisonindustrialcomplex #cjreform #washingtondc

REFERENCES Ellis, A., & Bussert, T. A. (2016). Residential drug abuse treatment program (RDAP).Criminal         Justice, 30(4), 30-33. Gomberg, L. (2018). Forensic psychology 101 (Ser. Psych 101 series). Springer Publishing Company, LLC. INSERT-MISSING-URL. Jones, N., Pelissier, B., & Klein-Saffran, J. (2006). Predicting Sex Offender Treatment Entry Among Individuals Convicted of Sexual Offense Crimes. Sexual Abuse, 18(1), 83–98. Langan, N., & Pelissier, B. (2002). The effect of drug treatment on inmate misconduct in federal         prisons. Journal of Offender Rehabilitation, 34(2), 21–30. Miller, J. A. (2010). Sex offender civil commitment: the treatment paradox. California Law Review, 98(6), 2093–2093. Olver, M. E., Marshall, L. E., Marshall, W. L., & Nicholaichuk, T. P. (2020). A Long-Term Outcome Assessment of the Effects on Subsequent Reoffense Rates of a Prison-Based CBT /RNR Sex Offender Treatment Program With Strength-Based Elements. Sexual Abuse, 32(2), 127–153.   Pelissier, B., Wallace, S., O'Neil, J. A., & Gaes, G. G. (2001). Federal prison residential drug treatment reduces substance use and arrests after release. The American Journal of Drug and Alcohol Abuse, 27(2), 315–337. Pelissier, B. (2007). Treatment retention in a prison-based residential sex offender treatment program. Sexual Abuse: A Journal of Research and Treatment, 19(4), 333–346. Polizzi, D. M., MacKenzie, D. L., & Hickman, L. J. (1999). What Works in Adult Sex Offender Treatment? A Review of Prison-and Non-Prison-Based Treatment Programs. International Journal of Offender Therapy and Comparative Criminology, 43(3), 357–374. Sirin, C. V. (2011). From nixon's war on drugs to obama's drug policies today: presidential p progress in addressing racial injustices and disparities. Race, Gender & Class, 18(3-4), 8 82–99. Strecker, D. R. (2011). Sex offender treatment in prisons and the self-incrimination privilege: how should courts approach obligatory, un-immunized admissions of guilt and the risk of longer incarceration? St. John's Law Review, 85(4), 1557–1594. https://time.com/5700747/parole-probation-incarceration/ Welsh, W., Mcgrain, P., Salamatin, N., & Zajac, G. (2007). Effects of prison drug treatment on inmate misconduct. Criminal Justice and Behavior, 34(5), 600–615. United States v. Johnson, 588 F. Supp. 2d 997, 1006 (S.D. Iowa 2008) https://www.bop.gov/inmates/custody_and_care/docs/20170914_BOP_National_Program_Catalog.pdf

GUILTY!!  If your client was recently sentenced in a Federal District Court, one would think that now begins the journey into the Federal Bureau of Prisons.  Actually, the journey should have begun months, if not years ago.   Program Statement, 5100.08, Inmate Security Designation and Custody Classification manual, is utilized by Bureau of Prison (BOP) staff at the Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas to classify all inmates to ensure they are placed in the most appropriate security level institution that also meets their program needs and is consistent with the Bureau’s mission to protect society.  The main and most exclusive document that is used to classify an inmate is the Presentence Investigation Report (PSR).  It is imperative that the information included in the PSR is clear, concise and 100 percent accurate as to not negatively impact an individual’s security level classification.  Why should someone be concerned with this prior to sentencing?  There are areas in the Security Designation and Custody Classification manual that are open to interpretation.  The three most common areas are the severity of the instant offense, history of violence and detainers/pending charges.  If these areas are not clear and concise and provide an accurate description of what occurred, the staff at the DSCC will take a conservative approach which could lead to a higher score being assigned resulting in a higher security point total and possibly a higher level institution.  An interview with a respectable prison consultant who is a subject matter expert in the classification of inmates is recommended prior to your first interview with the United States Probation Officer (USPO).  This will provide your client with an opportunity to cover all areas the USPO will discuss and provide detailed instructions on what to expect and what could negatively impact your client.  After the PSR is completed, it needs to be reviewed to ensure clarity and provide your client with an initial custody classification score and possible objections that would be beneficial for your client’s term of incarceration.  Once sentenced and the Judge adopts the PSR without change, the PSR as written will be used by the DSCC staff to determine your client’s security level.  Your client should not wait until after sentencing to contemplate their fate.  As soon as there is a guilty plea or a finding of guilt, this the time to consult with the experts in the classification and designation of inmates.   As previously stated, the Inmate Security Designation and Custody Classification manual is the main source document in determining an individual’s security total.  There are nine areas which are assigned points that factor in the total number of points assigned to your client.  They are: Voluntary Surrender, Severity of Offense, Criminal History Score, History of Violence, History of Escape or Attempts, Type of Detainer, Age, Education Level and Drug/Alcohol Use.  The only areas that are really not open for interpretation to the staff at the DSCC are the Criminal History Score which is assigned by the USPO and Age.  The remainder of the categories can be open for interpretation and assigned higher points if the PSR is not clear, concise, and provide an accurate descriptions of the instant offense, criminal history, education level completed and drug/alcohol use.  Months to release is also a factor in determining one’s security level.  Regardless of the point total assigned, if your client has more than 10 years remaining to serve, they will be housed in at least a low security level facility.  If there is more than 20 years remaining to serve, they will be housed in at least a medium security level institution and lastly, if there is more than 30 years remaining to serve, they will be housed in a high security facility.  These timeframe guidelines can be reviewed and waived for placement in a lesser security facility by the Chief of the DSCC, however, that is rarity at the initial classification and designation.   One would think that there should not be any issues in the scoring of the severity of the instant offense.   It is important to remember that the BOP scores the severity of the instant offense based on the most severe documented instant offense behavior regardless of the conviction offense.  The two areas which cause the most confusion and result in a higher point total are scoring individuals convicted of sex offenses and offenses that involve violence.  For example, utilizing the Offense Severity Scale in the Security Designation and Custody Classification manual, an individual convicted of Felon in Possession of a Firearm would be scored as a moderate severity offense under Weapons (Other).  However, the PSR states that while fleeing from law enforcement, the subject was observed pulling a handgun from his jacket pocket and pointing it toward the responding officers.  Based on this description, the DSCC would classify the offender as greatest severity under Weapons (Brandishing).  Ensure the PSR provides an accurate description of your client’s actions which led to his arrest.  Also worth noting, is if your client was serving a local or state sentence and there was no break in custody, whichever sentence yields the most points will be utilized as the severity of the instant offense.  For example, your client was serving a state sentence for robbery which is classified as a greatest severity offense and he was released to a Federal detainer for transporting illegal aliens which is a moderate severity offense, your client will be classified as a greatest severity offender.   History of Violence is another area which results in a higher point total and could possibly lead to a higher security level prison if not accurately described in the PSR.  History of violence is also determined by the offense behavior regardless of the conviction/finding of guilt offense.  Also, history of violence is broken down into two categories, Minor History of Violence and Serious History of Violence with serious violence yielding the most security points.  Minor history of violence is defined as aggressive or intimidation behavior which is not likely to cause serious bodily harm or death while serious violence is likely to cause serious bodily harm or death.  The Security Designation and Custody Classification program statement provides a few examples of what type of crimes generally fall into each category; however, these examples are not inclusive and it is important to remember history of violence is determined by the offense behavior and not the conviction/finding of guilt offense.  These examples are irrelevant if the details of the offense provide information which would lead one to believe serious bodily injury or death was imminent.  For example, your client was convicted of fighting which is an example listed as a minor history of violence.  However, the details of the offense state your client struck the victim in the head with a baseball bat rendering them unconscious.  This would be viewed as a serious history of violence yielding more security points.  If there is any doubt, the DSCC will score on the conservative side and score as serious violence and assign a higher point total. History of Escape or Attempts requires a finding of guilt.  Escape history includes the individual’s entire background of escapes or attempts to escape from confinement, or absconding from community supervision.  Certain offenses such as Fleeing and Eluding, Failure to appear for traffic violations, runaways from foster homes and similar behavior are not scored as an Escape History item.  An area that is often misunderstood is when an individual violates their terms of supervision for failing to report to the USPO.  If they simply fail to report and the USPO knows their whereabouts, that is not considered an escape history, however, if the USPO does not know there whereabouts, that is most like absconding and will be considered an escape history if it is not part of their current offense. Type of detainers are based on the Offense Severity Scale, Appendix A of the Inmate Security Designation and Custody Classification Manual.  If there are pending charges or formally filed detainers, the points assigned will be based on the documented behavior.  If there is no disposition noted or the disposition is “unknown”, the DSCC will consider these pending charges at the time of initial classification and they will be scored for approximately 19 months after an individual’s arrival at their designated institution or until information is provided that they case was resolved or the arresting agency has no interest in the case.  Often times, detainer points are assigned based on having no disposition or being unknown.  This can result in an individual being designated to a higher security level institution.  Also, individuals with a moderate level detainer are not considered for placement in a minimum security level institution.  It is imperative that the PSR accurately notes the disposition of all prior arrest history.   Age is determined based on an individual’s birthdate.  An individual who is 24 years or younger will be assigned eight points.  If they are 25 to 35, four points, 36 to 54, two points and 55 and older zero points.  It is more difficult for a young offender to be classified and designated to a minimum security facility.  For example, a 21 year-old male offender who has a high severity offense, does not have any other criminal history, uses drugs and alcohol and does not have his high school diploma or GED, will score as a 16 point medium security level.  However, if a 55 year-old man has the same offense, also uses drugs and alcohol, does not have his high school diploma or GED, as well as pending charge for minor theft and a robbery conviction 16 years ago, he will score as an 11 point minimum security level. Drug/Alcohol Abuse will yield one point if there is documentation of drug or alcohol related abuse within the past five years.  Examples of drug or alcohol abuse include: a conviction of a drug or alcohol related offense, a parole or probation violation based on drug or alcohol abuse, positive drug test, a DUI, detoxification, etc.  If the PSR does not contain any of the above type information, an inmate’s self-report is sufficient to score this item.  It is important to be honest with the USPO, while one point will be added to the security score, an individual may be eligible for the Comprehensive Drug Abuse Program which includes the community transitional phase in a Residential Reentry Center and possibly 3621e Early Release Eligibility. As mentioned above, regardless of how many points an individual has, if they have more then 10, 20 or 30 years, they will be assigned a Public Safety Factor (PSF) of Sentence Length and designated to a low, medium or high security facility.  The BOP has ten other PSF’s that could affect an individual’s designation regardless of their security point total.  The most common of the remaining ten are Greatest Severity offense, Sex Offender and Alien.  These offenders will be housed in at least a low security level facility regardless of their security point total.  The DSCC Chief is authorized to review an inmate’s case,   and waive the PSF and place an inmate in a lesser security level institution.  The most common is for an inmate who has been assigned a PSF of Sentence Length due to receiving a life sentence or a sentence remaining in excess of 360 months.  Usually, after the inmate has been housed in a high security for a significant period of time with clear institutional conduct and positive adjustment, the inmate’s Unit Team can request the DSCC Chief review the case for placement in a medium security level facility.  .  Only in rare cases are PSF’s waived at initial designation.  This usually warrants consideration for very young or old inmates who score as high security.   The BOP can also apply up to three Management Variables at the initial designation or any time during the period of incarceration.  Management Variables are required when an offender’s designated institution is inconsistent with the inmate’s scored security level.  The DSCC is the only office authorized to apply a management variable.  There are eleven management variables and the most common are: Population Management, Program Participation, Greater Security and Lesser Security.  Population Management is most often utilized when the inmate’s current facility is in need of inmates or all the facilities of the inmate’s scored security level are experiencing overcrowding.  Program Participation is utilized when an inmate is participating in a specialized program.  This management variable will be applied until the inmate completes the program.  Greater Security management variables are applied when there are security concerns which are not reflected in the inmate’s scored security level.  Most often this is due to poor institutional adjustment and disciplinary concerns.  This management variable can also be applied based on content contained in an inmate’s PSR, such as, pending charges, detainers or behavior identifying an escape risk.  Lesser security is applied when it is believed an inmate does not require the security constraints of their scored security level and can be housed in a lower security level institution.  Most often, this management variable is applied due to an inmate’s age or they have demonstrated a prolonged period of positive adjustment at their current security level.   If your client is facing a term of federal incarceration, it is in their best interest to have their case reviewed by professionals with a background in the policies and procedures of the BOP.  The final copy of the PSR is the most important document.  It will be utilized by the BOP from initial classification and designation, as well as the inmate’s program reviews with his unit team while incarcerated.  It should be reviewed to ensure there is no information that will negatively impact their scored security level.  Federal incarceration will be a stressful life event.  Do not wait until it is too late.  

As your #Virginia Lt. Governor I will fight hard in #Richmond to ensure that there is a fair and impartial criminal #justice system that meets the needs of the accused, the victims, all #virginians. #cjreform #WednesdayMotivation http://mikeforvirginia.org https://www.instagram.com/p/B2kLpZeHkDC/?igshid=qy4fff8kaui4

#Repost @wrongful_convictions • • • • • • Eight years ago today Damien Echols walked off of death row, released by the state of Arkansas.  Damien Echols is proof that innocent people are sentenced to death in this country. Had the Arkansas criminal justice system gotten its way, Damien would have been executed on May 5, 1994.  Think about that. Let that sink in. He and two other teenagers were wrongfully convicted and spent 18 years in prison (Damien on Death Row) on no other evidence than the fact they were into heavy metal music, were dirt poor, and were ‘strange’ - this is your criminal justice system. * * * #CJReform #truthandjustice #wrongfulconvictions #innocence #socialjustice #criminaljustice #reform #XONR8 https://www.instagram.com/p/B1XYE11BNfb/?igshid=14fguk9lrkzw4

Let's do this! Make a short video, post it, tag @FAMMFoundation and tell your lawmaker (state & federal), why they should #visitaprison. No more unhelpful bills, no more reforms that go nowhere – THE TIME FOR CHANGE IS NOW!!!✊🏿 #cjreform #endmassincarceration (at North Sacramento, Sacramento) https://www.instagram.com/p/BzsJwFPhDoA1fRgvj5WKA9kArzX1oHD3vy5G2Q0/?igshid=dyv4g1t5del9