My husband will be heading to Fort Leavenworth tomorrow to start serving a life in prison with parole sentence. We hope that Clemency and Appeal will lower the sentence significantly since we and his family think the sentence is absurd. He has numerous psychological issues and I was wondering if anyone knows anything about the behavioral health that is offered at the DB? We have been assured by his therapist here at Fort Lewis that there is capable care there but I still want to know if anyone has had any experience with it. Also is there a period where he won't be allowed phone calls or letters or can I expect to hear from him soon? I have not spoken to him since he was sentenced last Thursday night/Friday night early. It was not permitted. I am just waiting for him to get to the DB so I can hear from him and know that he is okay. How long does it typically take before he is allowed visitations? Is there a generic address so I can write to him? Does anyone have a phone number for the inmate/family liason so I may call them and get these questions answered if you guys don't have the answers? I am just desperate for information on where my husband is going and I want to make sure he is okay. There are classes there? Vocational courses? What is there to keep them occupied? TV time? Please any answers are helpful....

Erin Anderson

Erin,

Welcome to PTO!

I am afraid that I personally do not know much about Leavenworth, but we do have two members, DeNada and Abndave, who may be able to help you with the information you seek.

I am sorry that you and your husband are going through this.

There are many, many people at PTO with knowledge and support that can help you get through this.

Patti

Erin,
You should be getting a letter from the USDB in the next few days explaining the visitation and providing phone numbers for information. Your husband will be assigned a number and that number will be how you address your mail. Example: Name and Number, 1300 N. Warehouse Road, Ft. Leavenworth, KS 66027-2304. There is extensive psychological evaluation performed during Reception at USDB. As far as any ongoing followup programs, I can't really so with any certainty that they are intensive. Most of the programs offered are done in groups which aren't available to inmates in Max custody. There are psychologists who talk individually with the inmates but, according to my son, only show up on an erratic schedule. Also, there seems to be a lot of turnover. The vocational programs are also only available to those in general population. The point system used to determine movement from custody levels is complicated and has many variables. Your husband would probably be the best one to explain his to you because it is offense and sentence specific. He will be able to call you soon though. I think my son called within a week. For Max inmates, time is occupied by Rec (out in the yard or weight room), TV, reading, etc. I will try to remember more about Reception and let you know. Hope this helps. I also answered your other post.

Take care.

Thank you very much for your kind words and helpful information. It is good to hear that Max custody does not differ much from the Max custody that happens at the RCF at Fort Lewis. He was in Protective Custody the entire he was incarcerated pre-trial, about 8 months, for his protection not because he was a danger to the inmates but they thought the inmates may hurt him. So I am sure they will take every precaution to make sure that the inmate population is not a threat to him upon his arrival to the DB. His therapist here as been keeping in touch with the therapists there and hopefully he will be eventually moved to general pop so he can join in some group therapy, which I think will be very helpful for his Aspergers and Bi-Polar and hopefully he will also get some individualized care there as well.

One glimmer of hope in all of this. My husbands lead attorney just contacted me to let me know that he is putting in a request that the forfeiture of my husbands pay and benefits be foregone for at least 6 months so that will allow me to find adequate housing and make the necessary arrangements to prepare for this loss of income. Which would be very helpful in allowing me to move to Kansas sooner rather than later and I am pretty pleased about that. Also my husbands lead attorney knows someone at TDS at the DB and she has agreed, as a personal favor to him, to pop in and check on my husband every once in a while. So there are a few glimmers of hope there. I just got to keep the faith. Thank you.

Also do you know if pre-trial incarceration will have any benefit towards him being in Max confinement for a shorter period of time upon his arrival at the DB? Will they take that into account, his good behavior while in pre-trial confinement?

Erin

Yes! If he didn't have any write-ups in PTC, he won't get points for that added to his score. That means he won't have to accrue good-time points to offset them. While the point totals vary with each inmate, the system used to assess them is standard. I won't begin to try to explain the point system because I'm not sure I fully understand it and don't want to give you misinformation. I know that they are assessed a certain total based on sentence, offense, disciplinary infractions in pretrial and other factors (criminal history, age, rank, etc.). From that, points are deducted for time served w/o disciplinary infraction, participation in certain programs, etc. When they get their points down to a certain level, they are then eligible to be moved to gen pop, although I don't think it's mandatory. They can also apply for "rapid decay" and the Commandant approves a certain number of points that can be deducted monthly above the normal rate. What that is based on, I don't know.

I hope you get his 6 months of pay sooner than i did. My husband was court martialed and sent to usdb this past December. I did not start receiving his pay until March. I don't know about others, but the prison wanted my address and driver's license number before he was allowed to call me. Hang in there.

erin- what is the status with your husband? if you dont mind me asking what did he do to get life??? If i can hel p at all please ask. jim

Hi Dear! My fiance is going to be transferred to military prison in Kansas today (i guess it will be Fort Leavenworth). He has to face 5 years. I am back in Germany since yesterday and I do not have any idea how to come in touch with and to keep in touch. Do you have the visitings, writings, mailings-information you asked for?
Please share it with me, because I do not have any idea about american especially military law and prisons. And it drives me crazy to be so far away from him.
I wish for you that your husband is doing well and he does receive the care he needs.

My husband will be heading to Fort Leavenworth tomorrow to start serving a life in prison with parole sentence. We hope that Clemency and Appeal will lower the sentence significantly since we and his family think the sentence is absurd. He has numerous psychological issues and I was wondering if anyone knows anything about the behavioral health that is offered at the DB? We have been assured by his therapist here at Fort Lewis that there is capable care there but I still want to know if anyone has had any experience with it. Also is there a period where he won't be allowed phone calls or letters or can I expect to hear from him soon? I have not spoken to him since he was sentenced last Thursday night/Friday night early. It was not permitted. I am just waiting for him to get to the DB so I can hear from him and know that he is okay. How long does it typically take before he is allowed visitations? Is there a generic address so I can write to him? Does anyone have a phone number for the inmate/family liason so I may call them and get these questions answered if you guys don't have the answers? I am just desperate for information on where my husband is going and I want to make sure he is okay. There are classes there? Vocational courses? What is there to keep them occupied? TV time? Please any answers are helpful....

Erin Anderson

Well I have a little info for you, since I am not sure exactly what you want. As far as writing goes, it may take a few weeks if not longer before he sends you a letter. The letter will have the address to write to him at. The address is always the same, but you need his reg number to be able to write to him. So it's best to sit tight and wait. Visitation is Mon-Fri 7:00-9:30 pm and Sat and Sun from 8-11 am and 1-4 pm. So plenty of time for visits. Phone calls, he can call collect or once you have an address you can send him money to put into a phone account so he can call collect. Since you are in Germany this will certainly be cheaper then him calling collect. I couldn't even imagine the bills from that :eek:.

I hope that answers your questions. Anything else, I am sure someone else on the thread might be able to help you if I can't. I don't have any phone numbers or anything I can provide you but I know other folks do. Good luck and I hope things work out well for you and yours.

Erin

I dont understand why they would send him to ft leavenworth for only five years. Most people that are sent there have lengthy sentences. I know in the Air Force you only have to serve one-third of you time before parole.

Ft Leavenworth is the only Maximum Security prison in the military and depending on the charges, that is perhaps why he was sent there. All other military prisons and correctional facilities are medium security. And as for 1/3 before parole -- in some charges, that is not the case.

Some info I found to show where I got that info military is different than federal prison



http://www.npc.navy.mil/NR/rdonlyres/95747D8E-470C-4DE6-8E18-5115B64EBF80/0/UseofConfinementFacilities.pdf
The Navy uses three levels of incarceration, a tier system that is based on the length of a prisoner’s sentence. Waterfront brigs, afloat brigs, correctional custody units (CCU) and pre-trial confinement facilities house Tier I prisoners sentenced up to one year. Tier II prisoners are transferred to one of the Navy’s two consolidated brigs, located at Marine Corps Air Station Miramar, Calif., and Naval Weapons Station Charleston, S.C., for sentences of up to 10 years.

Level III offenders–prisoners with sentences greater than 10 years, who pose a national security risk or are sentenced to death, are sent to the U.S. Disciplinary Barracks, Ft. Leavenworth, Kan.

Inmates are eligible for parole or clemency after competing one third of their sentence and every year thereafter. However, inmates must serve at least six months before they are eligible for release.

Besides parole, a prisoner receives a set number of good behavior days (determined by the length of the sentence) a month. If an inmate will be released at the minimum release date, the length of the inmate’s sentence less the number of good behavior days accumulated.

If the sentence is death, then the inmate will not be eligible for parole or a minimum release date based on good behavior.

Honey -- that is a Naval regulations and does not apply to Air force personnel. When I get back to work tomorrow I will look up the regulation that covers Air Force personnel. I have the book at my desk and the electronic version bookmarked on my computer at work, okay? I do know that several of the corrections regulations have changed drastically since the beginning of this latest war.

Val

Air Force
AFCS consists of three levels of confinement facilities



Level 1 confinement facilities
-- Local confinement facility "base jail" pre-trial and limited post-trial. All AF bases need to posses the capability to house inmates for up to six months. Can be handled in-house, by agreement with local law enforcement, or through another military installation's confinement facility. Use of Army confinement facilities within the CONUS is no longer authorized.
-- Regional confinement facilities - pre-trial and post-trial to 1 year. Limited on treatment programs. Located at Lackland AFB, TX, Edwards AFB, CA, and Kirtland AFB, NM
Level 2 regional confinement facilities - limited pre-trial and post-trial to 5 years. Inmates with at least 90 days remaining on their sentence may be transferred to Level 2 facility. Mental health treatment, Sex Offender and Violent offender treatment, and vocational programs are available. The Air Force uses Naval Consolidated Brig Charleston, SC and Naval Consolidated Brig Miramar, CA
Level 3 confinement - post-trial with 5 years and a day through death sentence; all officer and cadets inmates. Treatment and rehabilitation programs available. US Army is executive agent for level 3 confinement
-- Normally, inmates will be housed at the U.S. Disciplinary Barracks (USDB), Fort Leavenworth, KS. Due to downsizing of the USDB, selected inmates (i.e. non-violent, drug related, etc.) may be housed in Army Level 2 facilities instead. SFC will coordinate with U.S. Army to determine confinement location.
-- Effective fall 2000, the U.S. Army began housing Level 3 female inmates at Naval Consolidated Brig, Miramar.
-- Inmates, selected by the Army and approved by SECAF, may be transferred to the Federal Bureau of Prisons (FBOP)
And the parole is correct my husband's lawyer sent that to me and it is in the Air Force

Just a note about parole eligibility. Inmates with sentences less than 30 years are eligible (unless adjudged otherwise) after serving 1/3 of their sentence. Sentences of 30 years or greater are eligible at 10 years (unless adjudged otherwise) with review available each year. This is dissimilar to the federal system where reviews are performed every 5 years (as a general rule).

In case any of you are not aware -- this is no longer parole for federal sentences -- that was changed within the last year. The "supremes" are reaking havoc with federal sentencing!

As I understand it, the military is not subject to federal sentencing guidelines.

No, but you mentioned in this post below about federal reviews every 5 years, and they no longer need parole reviews if they don't have paroles.

Just a note about parole eligibility. Inmates with sentences less than 30 years are eligible (unless adjudged otherwise) after serving 1/3 of their sentence. Sentences of 30 years or greater are eligible at 10 years (unless adjudged otherwise) with review available each year. This is dissimilar to the federal system where reviews are performed every 5 years (as a general rule).
__________________

I should have been more specific. Federal parole has not been entirely abolished; however, there are some offenses for which federal parole is no longer available. With respect to military offenders, there are some particular rules concerning parole. I have pasted two sections from the Federal Parole Commission's Manual concerning these issues.

2.2-03. Military Prisoners (10 U.S.C. 858; Uniform Code of Military Justice., Art. 58).
(a) Prisoners sentenced by military courts-martial and then transferred to a federal institution come under the exclusive
jurisdiction o f the United States Parole Commission for parole purposes. Military authorities retain jurisdiction for clemency purposes and may reduce the maximum term to be served. Clemency may be granted either while confined or while in the community on parole or mandatory release.
(b) A prisoner paroled and revoked by military authorities, who is subsequently transferred to a federal institution, is eligible for a hearing at the time of the next visit by the United States Parole Commission. The Commission accepts the military parole revocation as final, but conducts a hearing to determine reparole suitability. Such prisoner must file a parole application prior to such hearing.
(c) A military prisoner who committed his crime before August 16, 2001 and is mandatorily released from a facility of the Bureau of Prisons is not subject to supervision by the Parole Commission. A military prisoner who committed his crime on or after August 16, 2001and is mandatorily released by the Bureau of Prisons may be placed on mandatory supervision as provided at 28 C.F.R. § 2.35(d).





2.2-04. Non-Parolable Sentences. Offenders sentenced under any of the following sections are not eligible for parole:
(a) 18 U.S.C. 924(c) [use of a firearm during a federal crime of violence (if the firearm use occurred on or after October 12, 1984) or drug trafficking crime (if the firearm use occurred on or after November 15, 1 9 8 6 )] and 18 U.S.C. 924(e) [possession of a firearm by an offender with at least three prior convictions for a violent offense or serious drug offense (if the possession occurred on or after October 27, 1986)];
(b ) 18 U.S.C. 929 [use of restricted ammunition/armor-piercing bullets in a crime of violence (if the use occurred on or after October 12, 1984), or in a drug trafficking offense (if the use occurred on or after November 15, 1986)];
(c) 18 U.S.C. Appendix 1202(a) (if the offense w as committed on or after October 12, 1984 and the offender has three prior convictions for certain offenses); section w as repeal ed effective November 15, 1986 and these offenses committed on or after that date will now be charged under §924(e);
(d) 21 U.S.C. 841 (b)(1)(A), (B) and in some cases (C) (drug trafficking offenses involving Schedule I and Schedule II drugs)(only if the offense was committed on or after October 27, 1986);
(e) 21 U.S.C. 848 (continuing criminal enterprise involving drugs); and
(f) 21 U.S.C. 960(b)(1), (2) and in some cases (3) (drug importation and exportation offenses involving Schedule I and Schedule II drugs) (only if the offense was committed on or after October 27, 1986).
Note: An offender may have an aggregate sentence composed of both parolable and non-parolable component sentences and may, therefore, become eligible for parole on part o f the aggregate sentence. If the non-parolable component sentence is served first (as usually will be the case), the parole eligibility date on the aggregate sentence will be after completion of the non-parolable component sentence (less good time) plus the minimum, if any, of the parolable sentence. As this date will depend on the amount of good time earned and, thus, may not be known precisely at the time of the initial hearing, the following wording may be used on any parole order on the aggregate sentence: "presumptive parole upon completion of[ ] months, provided you have reached your parole eligibility date on the aggregate sentence." The amendments to the criminal code passed by Congress in 1984 included a change for the sentence for firearms offenses under 18 U.S.C. 924 (c)(1) (use o f a firearm while committing a drug offense). The amendment required that any term of imprisonment imposed for a violation of the firearms p r o vision shall not run concurrently with any other term of imprisonment. The Bureau of Prisons initially issued a policy instruction that required the 924 count to be served first, regardless of the order in which the other counts were imposed. This method precluded the possibility of any non-924 count from running concurrently with any other sentences. This practice was challenged successfully in United States v. Gonzales, 520 U.S. 1(1997). In Gonzales, the Supreme Court held that a sentencing court may impose a sentence containing both a 924 count and a non-924 count or counts to run in
a way different than stated in the initial Bureau policy instruction. As a result, the Bureau had to review numerous 924(c) sentence computations to see if a change is necessary. If a sentence computation is changed, the Commission may be required to review cases to determine if a nunc pro tunc (having a retroactive legal effect) parole decision should be made. If a prisoner contacts the Commission regarding a Gonzales issue, refer him back to his case manager to have the Bureau review his sentence computation.
$ 2.2-05. Transfer Treaty Cases. A prisoner returned to the United States under a prisoner transfer treaty who committed his offense abroad prior to November 1, 1987, is treated as if sentenced under 1 8 U .S.C. 4 2 0 5(b)(2) for all parole purposes (Exception: In Mexican and Canadian treaty cases, the "street time" forfeiture provisions upon parole revocation are the same as those applicable to Youth Corrections Act cases). If the prisoner committed his offense abroad on or after November 1, 1987, the prisoner is not eligible for parole and a release date is set pursuant to 28 C.F.R. 2.68.