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  #1  
Old 12-29-2017, 08:43 AM
Andipan Andipan is offline
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Unhappy Release date changed 4x in 2 months - I'm lost and need help

This is my first post.
Honestly, I don't even know where to start. I pray someone can help me.

My Fiancé was at Butner Low, serving 4 months of a year and a day sentence. A letter went out that his release was to be October 10, 2017.
Closer to that date we are informed of cutbacks with the release programs and halfway houses. Though He was NOT signed up or in need to stay at a Halfway house and had an approved address for his release.

On October 18th he and a cellmate were sexually assaulted by a guard in the middle of the night. He reported the incident and filled a PREA report, being told it was "Totally Confidential".
Since then he has been retaliated against by guards (Though others have been supportive of him, and tell him not to back down with his charges. One even showed him an email sent out to try and 'catch' Him doing anything).

Instead of removing the offending CO, they moved JUST my Fiancé (Not the other victim) to another unit. That CO still had been seen doing a count in the new unit.
He was retaliated against in the Lunch line, which caused a stir with the other prisoners, as they all now could see that my Fiancé was being singled out.
That CO was told this was a dumb move and could have started a riot by his managing officer.

Anyways, he's been there 2.5 months longer then his original release date.
* He has ZERO 'points'
* They had put all his commissary money on a card for release already once
* They shut his phone and email down, putting he was released.
* He is listed a 'Community Custody"
And just yesterday they moved him to segregation in Medium and no one can tell me why!
Both his new and old counsellors are on Holidays, and no one can answer any questions for me.

We will be pursuing this all legally when he is out.
This has been a nightmare, and something I though was only in crazy movies.

I just want to know he is ok! (No email since yesterday afternoon, and his phones have not worked in 3 days).

Hoping there is help out there.
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Old 12-29-2017, 12:38 PM
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Welcome to Prison Talk.

Bop employees have many ways to make a prisoner's life Hell. If they can get a District Hearing Officer, DHO, to go along with a false conduct violation, he could even lose some of his 47 days of earned good time. He won't be safe from the dirty tricks retaliation until he is released from bop custody.

Half way house/community corrections of any kind is still "in bop custody", so delaying or even cancelling it is something the bop can do without explanation.

A couple of things that might work are contacting your federal Senator or Representative, but only if they are really willing to help beyond a form letter, which the bop will send to the same CO to answer.

The other is the US Department of Justice's Office of the Inspector General, who is supposed to investigate wrongdoing by bop employees.
https://oig.justice.gov/

If he isn't released on his "end of sentence date" (366 days minus 47 days of good time unless a DHO takes some of that time after a formal hearing decision) be sure you hire a lawyer to bring all of this up in federal court.
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Old 12-29-2017, 03:40 PM
Andipan Andipan is offline
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Thank you fbopnomore,

The Senators office has been involved, and so far it's just been letters.
Thank you for the link, I will look into that further.

Also, are there any recommendations on Lawyers who deal with these sorts of cases?

I read recently this recently happened -
Quote:
Thursday, October 5, 2017
Former FCI Butner Correctional Officer Sentenced for Criminal Sexual Abuse of a Ward
NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, United States District Judge Louise W. Flanagan sentenced CALVIN TERRANCE DAVIS, 46, of Spring Lake, N.C., to 13 months of imprisonment followed by 5 years of supervised release.

DAVIS was named in a one-count Criminal Information on May 18, 2017. On June 15, 2017, he pled guilty to one count of Criminal Sexual Abuse of a Ward.

On May 19, 2016, a Bureau of Prison (BOP) inmate, housed at the Federal Correctional Institution in Butner, North Carolina (FCI Butner), informed staff that she had been sexually assaulted by Correctional Officer CALVIN TERRANCE DAVIS on May 18, 2016. According to the victim, DAVIS forced the victim to perform oral sex on him.

Investigators collected clothing that belonged to the victim and sent it to the Federal Bureau of Investigation (FBI) lab for processing. A lab test confirmed that semen was present on the clothing, and a subsequent DNA test resulted in a positive match for DAVIS’s DNA.

The criminal investigation of this case was conducted by the U.S. Department of Justice, Office of the Inspector General. Assistant U.S. Attorney Scott A. Lemmon prosecuted the case for the government.
Very disappointing.
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Old 12-29-2017, 07:13 PM
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Because of the Prison Rape Elimination law passed by the US Congress, I would expect that any complaints against bop employees would be handled appropriately by the bop administration and by federal law enforcement, just like in the article you posted. The slap on the wrist the CO received is the fault of the judge, probably with the acquiescence of the prosecutor, but at least he was prosecuted. I subscribe to Prison Legal News, a monthly publication that covers State and federal prisons, and every issue reports on a number of prison employees who have been prosecuted for having sex with inmates, smuggling contraband, etc.

The problem I saw as a federal inmate was the "us against them" mentality of the bop. Every word out of an inmate's mouth is a lie, and "we" complain in order to get away with whatever nefarious scam we are involved with. That's why a CO's word is "evidence" in every conduct hearing regardless of what the cameras, or interviews show actually occurred.
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Old 01-02-2018, 10:13 PM
bellisq bellisq is offline
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Can you clarify that he is to serve 4 months of a year and a day sentence? That is unusual. The mandated time off is 47 days. So I'm confused that you think he should have been released after 4 months. You could call Jay Hurst, JD or Jack Donson for clarity. They both know the rules thoroughly.
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Old 01-02-2018, 10:23 PM
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Quote:
Originally Posted by bellisq View Post
Can you clarify that he is to serve 4 months of a year and a day sentence? That is unusual. The mandated time off is 47 days. So I'm confused that you think he should have been released after 4 months. You could call Jay Hurst, JD or Jack Donson for clarity. They both know the rules thoroughly.

I think he meant

"after serving 4 months" - as in the friend had been in for 4 months when this saga started getting complex. I don't think he meant he thought his friend should have been released after only serving 4 months.
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Old 01-02-2018, 11:43 PM
Andipan Andipan is offline
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No, He was to be released after only 4 months serving. Letters went out stating that date in the mail, his clothes were requested to be sent before that date.
His email and phone was turned off and his commissary monies had placed on a debit card at once point as well.

White collar 'crime', zero points.
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Old 01-02-2018, 11:58 PM
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"White collar 'crime', zero points."

None of this matters to the tale.

So he was to go to a halfway house after 4 months - he was not being released after 4 months?

Going to a halfway house is NOT the same as being released! Huge difference, but none of that maters either.

All that matters is he can be legally kept in prison until the release date shown at the BoP site. If he has good time taken away that release date can change. Worst case is he could stay in prison 366 days.
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Old 01-03-2018, 02:05 AM
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A management variable allows the bop to send anyone to any of their prisons. Toward the end of my 5 year sentence I had 2 points and completely "clear conduct" but I was placed in a FCI Medium security prison.

Community corrections, half way house or home confinement, is still "in bop custody" just not in a prison. He will be released to supervised release on his end of sentence date, not before.
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Old 01-19-2018, 02:52 PM
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Quote:
Originally Posted by Andipan View Post
Thank you fbopnomore,

The Senators office has been involved, and so far it's just been letters.
Thank you for the link, I will look into that further.

Also, are there any recommendations on Lawyers who deal with these sorts of cases?

I read recently this recently happened -


Very disappointing.
OMG I didn't know about this boyfriend is at Butner Low. He never mentioned this.
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Old 01-19-2018, 02:55 PM
rks1170 rks1170 is offline
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Quote:
Originally Posted by Andipan View Post
No, He was to be released after only 4 months serving. Letters went out stating that date in the mail, his clothes were requested to be sent before that date.
His email and phone was turned off and his commissary monies had placed on a debit card at once point as well.

White collar 'crime', zero points.
Has he got out yet?
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