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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 06-24-2018, 10:11 AM
fedsis fedsis is offline
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Exclamation Fed Prison has nowhere to put him - please read, it's complicated

Hi,

My brother was classified minimum and sent to FPC Jesup.

When he arrived there, it turned out that one of the inmates already in the camp was a man who had been involved in the same case (and they'd given evidence against one another). So they are not allowed to be in the same facility together.

They put my brother in detention in the medium security prison upon admission 2 weeks ago and he's still there. He's not been able to make calls or anything but has written to us. Not all our mail is getting to him either.

Anyway, they are talking about reclassifying him to Low security in order to house him in that facility. I'm concerned that once they do this, he'll be stuck with that designation for the duration.

The facility is also 800 miles away from our home and I'm hoping they'd transfer him to a facility that is closer so that we could visit him.

Do you all have any suggestions as to what we should do?
Who should I call?
Should my brother fill out a cop-out form to request a transfer?

Any advice would be appreciated.
Thanks so much.
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Old 06-24-2018, 10:39 AM
fbopnomore fbopnomore is offline
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The bop can put him anywhere by adding a "management variable" to his file. I always had camp level points, but served my sentence mostly in medium security FCIs. Yes, he could file an inmate grievance to be sent to the correct security level prison, but again, the bop can do whatever they want to do anyway.

If he is moved to a low security fci without the management variable, he should have an easier time getting back to a camp in the future than if they add one. Custody points are recomputed annually, so that yearly unit team meeting should be the best time for him to ask to be sent to a camp.

Now, until they decide what to do with him, and finally do it, all he can do is wait. One other option available to them is to move him to a different minimum security camp, but only they know how likely that is. Unfortunately inmates are virtually powerless.
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Old 06-24-2018, 11:03 AM
fedsis fedsis is offline
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Thanks for your response.

That's what I'm afraid of. It sucks that you had to spend all your time in medium when you qualified for minimum.

How different is low from minimum anyway?

Researching this a little in Program Statement 5100.08 - it looks like if they reclassify him to low in order to put him in that facility instead of the camp, the redesignation lasts for 2 years.

Do you think I should recommend he fill out a cop-out for transfer now anyway? Or wait until they decide what they are going to do with him?
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Old 06-24-2018, 11:05 AM
bellisq bellisq is offline
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The good news is Low is not significantly different from Camp. If you have the funds (neither is very expensive), you could contact Jack Donson or Jay Hurst (both have websites) and ask for help in dealing with the DSCC (designation) in getting him closer with the correct security level. They usually don't transfer before 18 months in, but his particular circumstances may help him.
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Old 06-24-2018, 11:29 AM
fbopnomore fbopnomore is offline
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The main difference between low & medium security is that the inmates in mediums are all housed in cells that lock, so they are locked in over night. Lows do not have locks on the individual rooms, but the building itself is locked. Lows always have dormitories, large areas filled with steel bunk beds for many of the prisoners who are unlucky enough to be put there, which has to be one of the worst places to live in the bop.

The rules in FCI Lows are similar to other bop real prisons. Movement is restricted to 10 minutes every hour during the day. Instead of "out of bounds" painted lines at the camps, there are razor wire fences and armed guards circling the prison in trucks.
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Old 06-24-2018, 12:45 PM
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wow - so low is worse than medium? weird.

So - I'm still up in the air.

What do you 3 advise?
Tell my brother to file a BP-8 cop-out right away requesting a transfer?
OR wait and see what happens?

Do you think it will make any difference if I call and talk to the case manager?
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Old 06-24-2018, 04:35 PM
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If he qualifies for a camp, you DEFINITELY want him at a camp. There is a big difference. Trust me. You don't want him at a medium, and you definitely do not want him at a low if he can be at a camp. Campers are on their way out of the system. Other than teenage type of drama, it is pretty tame there. I would worry less about the location, and more about getting him into the proper classification of prisons. Contact your/his attorney on this issue.

An inmate my husband has become friendly with where he is, had a similar issue and it took awhile before he got transferred and some uncomfortable nights at different facilities, including some LOW places, but he finally made it to a different camp and happy for it.

We did a lot of research pre-sentencing and it was a BIG deal about making sure we only requested him being a free standing camps. We didn't even want to be at satellite camp - it is that much of a difference. So if you (he) can avoid a low, at all costs, he should. Feel free to PM me for more details.

As for transferring, I can't tell you about any of that, but I again, I would suggest contacting his attorney and he should discuss with his case manager. I would not be passive about it. Also, why can't the other inmate just transfer out of there? Why does it fall on him?
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Old 06-24-2018, 05:47 PM
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Ask your brother what he wants you to do. Since the bop is apparently deciding what to do with him, I would wait until I knew what that actually was, but he does have the ability to file a BP8 (grievance) now. The problem is that the bop dislikes grievances and there is a chance that he will end up in another camp anyway.

I personally had better situations in Medium security prisons than in the 2 lows I was in. It absolutely depends on the prison itself, so I'm sure that many others did fine in low security.

I just learned that some FCI Lows don't require controlled 10 minute moves, but I'm sure they are few and far between.
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Old 06-24-2018, 10:24 PM
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Thanks for all your advice.

My mother wrote to his attorney (a federal public defender) and I hope she is willing to help him out.

I have to report for jury duty of all things in the morning. But afterwards, I am going to try to get a hold of his case manager.

They are not allowing him to make phone calls and he isn't getting the letters we've sent, so it's hard to figure out what's going on exactly. I figure if I call, at least I might get some answers.
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Old 06-25-2018, 06:09 AM
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A public defender is unlikely going to have any experience with bop custody issues. If you can’t have an attorney, his best chance will be discussing it with his case manager and following his/her lead on steps to rectify the placement. The bop messed up with the designation to that particular camp, but don’t expect them to accept responsibility for that! They will likely have a desire to rectify the situation given his custody points, but it will likely require some patience to get it done. I would refrain from filing on them unless it doesn’t seem that they are going to work with him to get him transferred to a camp. It’s also important for him to not get any incident reports that might let them justify maintaining the management variable longer than necessary to get the situation cleared up. Finally, if he has camp points, he should definitely pursue getting placed at a camp - a much more desirable way to do time than higher security settings.
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Old 06-25-2018, 07:50 AM
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Very few lawyers have any knowledge about the BOP. That's why i gave you those 2 lawyers names. The Federal Defender's legal responsibility ends with the sentencing, unless there is an appeal. You most likely won't find relief that way.
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Old 07-08-2018, 09:32 AM
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Update:
They are transferring him to the camp at FCI Edgefield.
We aren't happy it's a thousand miles away, but looks like there's nothing to be done.

He spent 2 weeks in the hole at Jesup, then went to Tallahassee which wasn't bad, and is now at USP Atlanta which is very bad.

Hasn't eaten and lost 30 pounds so far. On top of that, at Jesup they told him he couldn't be bipolar and alcoholic simultaneously, and he has no psych meds now. Is there any recourse or something he needs to do when he gets to Edgefield?
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Old 07-08-2018, 12:18 PM
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The medical folks at Edgefield will decide what medications he will receive there. He must be his own best advocate about bop medical care. When he is denied medication, he needs to object, every time, in writing so there is a permanent record of what is happening. That is the most important thing he can do for himself.

He (or you when you have a HIPAA release signed by your brother) should contact the doctor(s) who diagnosed him as bipolar, obtain the information in writing, and have him present it to the medical or psych folks at Edgefield. The information that the two diagnoses can't coexist is bop psychobabble. Google "dual diagnosis bipolar and alcoholism".

If he agrees, you can send him a HIPAA release to name you as the person who can access his medical records from his real doctors. It will be ignored by the bop, but honored by his outside doctors.

Expect little or nothing while he is in Atlanta, but regular bop prisons do dispense psychological drugs regularly, especially for depression and bipolar diagnoses. The psych staff are not physicians, so even though some bop prisons allow them to prescribe meds (with or without having each prescription confirmed by a MD Psychiatrist) some others require the bop medical staff to actually issue the prescriptions. Either way, he should be able to get them.
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Old 07-08-2018, 01:49 PM
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Thank you!
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Old 07-08-2018, 09:19 PM
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Do look up dual diagnosis. It's addiction plus mental illness and it's quite common.
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