Can anyone tell me how long someone has to be @ a federal prison before they can request a transfer to a facility closer to their home?

From what I have heard, and don't quote me..I believe it is 18 mos

I've also heard, with no proof, after 18 months with clean conduct. At that point they should be able to request a transfer with their Team or Counselor. One of the guys will correct me if I am wrong here, right guys! lol

Anyhow...do want to mention that if the inmate has been in trouble, and gets a "disciplinary transfer"....be careful! They are running some type of program where inmates have to remain on the SHU for 1 year clean conduct prior to transfering out. Its affecting prisons all over, mainly USP's but I believe some FCI's are now also being affected by this porgram.

The reason I say this is because one of the reasons for this so called program was because they felt inmates were causing trouble to be transfered....in a sense. So, to stop those trying to "walk themselves", they put this program into place. However...it is not a written policy as of yet.

Once again, as I've posted before, there is no 18 month "rule" in policy. Transfers are discretionary and can take place at ANY time.

Howard, would this be different possibly from facility to facility. I do know inmates at Duluth who were told at their team meeting that they had a waiting period of good conduct before they could transfer. Could it be a policy of the facility itself or is that illegal??

I am aware that many institutions take this position. There is no policy supporting it - or any waiting period. Transfers are discretionary and can take place at ANY time. Institutions are not permitted Institution Supplements (local rules) on this issue.

Illegal? No. Impermissible? Yes, without question.

Can a lawyer request a transfer for someone in prison or does this only go through their counselor?

In Duluth, the inmate requests this at a team meeting or ie yes with his counselor. The facility he is at really could not care less what anyone' s lawyer has to say and it would just cost you more money for his counselor to say yes or no. It is completely at the facility's discretion and they do not care who it is that asks.

The request starts with the inmate submitting the request to his/her counselor - often at a "team" meeting. It needs to be a request to transfer to a facility of the same security designation, unless the prisoner's security classification is changing. After the request is made, then a family member or congressional rep or legal representative can contact the Regional Office in the region where the prisoner is housed to offer information and/or lobby for the transfer. The final decision rests with the BOP -usually the regional office. The 18-month wait with clear conduct is something that some prison staff have implemented but, as said above, it's not a "rule." Hope this helps. Zelda

Transfers are discretionary and can take place at ANY time

We've been through this before...

Can you list the different reasons why someone would "hire" a lawyer to request a transfer?

And along with that....what all type of things would a lawyer or whomever one would hire be doing to request these said transfers? How much time does one usually have to put into this in order to get a transfered approved?

I'm not a lawyer and my husband's never had any money to hire a lawyer for anything after he was sentenced, so I don't have any direct experience. But, in my opinion, it doesn't really matter to the BOP whether it's a lawyer or family member advocating for a transfer with the regional office. One place a lawyer might be useful is if the prisoner is trying to get his/her classification lowered in order to transfer to a prison close to home that has a lower security designation. The classification rules are extensive and complex and, if a prisoner is on the "edge" of a lower security classification, then a lawyer would be able to review it and see if the BOP made any errors. In my husband's case, we got a copy of the manual ourselves and went through it and found an error, which eventually was corrected and improved his security classification. You have to be able to read and understand the rules though and not everyone is able to read and interpret administrative documents. Lawyers are trained in this. Zelda

Well I am back I think....it has been a while since I have been here and even longer since I have posted but have had so much going on since Tim reported to Ft Dix. Besides the personal business that has been going on, we found out why they sent him to Ft Dix and are hoping that we can do something to get him moved closer to home. Hoping maybe someone has had to deal with this and can help me take the right steps. Back in 1992 Tim was arrested on a felony it was later dropped to a misdemeanor and he got probabtion. Well it still shows up as a felony and his counsler says that is the reason that they sent him to a low security facility rather than a camp. Is there a way that we can get this changed or are we still stuck? Him being so far away is killing me and I am trying to do anything that I can to bring him home.

Can anyone tell me how long someone has to be @ a federal prison before they can request a transfer to a facility closer to their home?

17 or 18 months. this is with good behavior

Actually, that is NOT based upon any policy.

That is what WA told me, was not sure and was also told that it was not based on policy, how ever, the counsellors told me it was not based on poilcy but, WA said it sure was. All i know that is how they do it. wether it is or not

Howard,
I took this from the BOP website manual
PS 5100.07
Chapter 10 page 4 revised 9/3/99

d. Routine Transfers. Routine transfers are submitted to the Regional Designator via Request for Transfer/Application of Management Variable (EMS 409). Redesignation of an inmate should generally result in a move closer to an inmate’s release destination, consistent with the inmate’s security level. In order to attempt to place an inmate near his or her release residence, redesignations should be made without regard to regional boundaries. ORDINARILY, THE INMATE MAY BE CONSIDERED FOR A NEARER RELEASE TRANSFER AFTER SERVING 18 MONTHS WITHIN THE FACILITY WITH CLEAR CONDUCT.
Redesignations between same security level institutions are discouraged, except for CIM purposes, closer to home purposes, or other unusual circumstances. A "nearer to release" transfer should be incorporated with "lesser security" transfers whenever possible. Once the inmate has been transferred within 500 miles of his or her release residence, no further referrals should be made as a "nearer to release" transfer consideration.

I guess this is where the 18 months come up. My husband should have been placed in a camp, but due to his 'mental state' was placed in a low security level. His mental state being caused from being sent 3000 miles away from his home, family and pregnant wife - Upon his 6 month review and with help from Dr. Whitlock (I Love this women -Psycologist at FCC Coleman Low) and his case manager (Mr. Reed) he was redesignated to camp status and a transfer request was signed by the Warden, etc.. It took 2 months but he was just informed he would be going to the camp at Taft.

Carolyn

My brother is trying to get a transfer but they will not let him because of something called management variable. He asked me to call his regioanl director and I did. The regional director told me he was the only one that could get it removed. AAt the prison they are telling him he has to contact the regional director or file a complaint. Anyone have any advice. My brother is 8 hours away My mother is not able to go that distance and it is hard on his children to take them that far and get back intime for early bed time to get them up for school.
Please help I do not know what else to do. Why don't they go by what the Judge recommends he recommened 2 different prisons close by and they sent him 8 hours away:(

I believe the "management variable" is something that is addressed by the warden of the prison - it's one of the only parts that is "discretionary" rather than strictly outlined by the classification rules. It can be waived by the warden, I believe. For more information, go the BOP website (www.bop.gov) Click on Inmate Information. Then click on the very bottom link, "inmate programs and services" Then, in the section section, you'll see a link called "Security Designation and Classification Manual" It's a downloadable pdf file. It's lengthy but, in there, is where you will find information on the "management variable." Hope this helps. Zelda

The BOP doesn't care what a judge suggests. The judge can mandate someone be sent to a medical facility, but other than that, it's the BOP's call.
As for transfers, my husband was informed at his initial team meeting that if he stayed "clean" until his 6 month review, they would recommend transfer to a camp closer to home. He just got approved this week!

Where I was at.....You had to have 18 months "clear conduct" to get a transfer. Or you could try for a hardship transfer. Can you get letters written by a doctor stating that this person is unable to travel far distances in a vehicle? If so, then sent the documentation to the inmate. At that point he/she will do the following steps.
1. Write a Cop-out (inmate to staff request, usually goes to the unit team)
If it is denied, then they go to what is called a "9"

2. 9 (goes to the warden)
If it is denied, they file a "10"

3. 10 (goes to the regional director)
If it is denied, then they file an 11

4. 11 ( I think the 11 goes to the main office in D.C. for the BOP)

The BOP is very clear about inmate's following these steps, in order. Hopefully he/she can get it done by the time it gets to the warden of the institution. The inmate should receive an answer and a copy of each form filed. The 9, 10, and 11 ALL are multi sheets that get split apart once they are answered and one copy comes back to the inmate....Good Luck