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Federal Probation, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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  #1  
Old 09-21-2018, 09:15 AM
SuzNJim SuzNJim is offline
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Default How to Enforce Eligible Release Date

My husband is in the Camp La Tuna in Anthony, New Mexico / Anthony, Texas - it's right on the border. I used to live in El Paso so I was close enough to visit him and I have since moved to Las Cruces, NM the other side of the border.

Parker is the case worker at Camp La Tuna and is not releasing my husband until April, 2019... just 2 months before his formal release date. He has never had a single write-up, has never had any points against him, and has acquired "good time" to the extent that the warden actually wrote him a letter stating he is "eligible for release November 13, 2018" but there are no beds.

My husband is 67, will be 68 on December 1, 2018, he is retired, on Social Security and disabled. He cannot work because he is unable to sit or stand for long hours or walk long distances.

They say there are "no beds" so they refuse to release him on his eligible release date of November 13, 2018 and are pushing it out to April, 2019. That's an extra 5 months... for what? Because Parker doesn't like him filing BP9s since he was advised that he will not be released on his eligible release date? Other inmates are released several months early who have spent less time and have caused problems - had points against them - and here he has never had a single point against him, has been in 4x as long as he was supposed to be (was sentenced for everything they brought against him, not just what he was convicted of, hence Nelson) has restitution of $2.1 million when the only conviction was $75,000 and now they are trying to keep him there for an extra 5 months.

Is there a way to force them to release him to home confinement rather than waiting for a bed? A half way house is just a formality. He would never be able to get a job since he is retired/disabled.

What do I need to do to get him released the day he is eligible?
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Old 09-21-2018, 10:46 AM
rockchalk1 rockchalk1 is offline
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Originally Posted by SuzNJim View Post
My husband is in the Camp La Tuna in Anthony, New Mexico / Anthony, Texas - it's right on the border. I used to live in El Paso so I was close enough to visit him and I have since moved to Las Cruces, NM the other side of the border.

Parker is the case worker at Camp La Tuna and is not releasing my husband until April, 2019... just 2 months before his formal release date. He has never had a single write-up, has never had any points against him, and has acquired "good time" to the extent that the warden actually wrote him a letter stating he is "eligible for release November 13, 2018" but there are no beds.

My husband is 67, will be 68 on December 1, 2018, he is retired, on Social Security and disabled. He cannot work because he is unable to sit or stand for long hours or walk long distances.

They say there are "no beds" so they refuse to release him on his eligible release date of November 13, 2018 and are pushing it out to April, 2019. That's an extra 5 months... for what? Because Parker doesn't like him filing BP9s since he was advised that he will not be released on his eligible release date? Other inmates are released several months early who have spent less time and have caused problems - had points against them - and here he has never had a single point against him, has been in 4x as long as he was supposed to be (was sentenced for everything they brought against him, not just what he was convicted of, hence Nelson) has restitution of $2.1 million when the only conviction was $75,000 and now they are trying to keep him there for an extra 5 months.

Is there a way to force them to release him to home confinement rather than waiting for a bed? A half way house is just a formality. He would never be able to get a job since he is retired/disabled.

What do I need to do to get him released the day he is eligible?
Have you talked to an attorney who deals in post sentencing issues that can contact the probation office and work with the Bop to get him on direct home confinement? There is a program called LMP which is skipping the HWH and going right to Hc. My husbandís P.O. mentioned this to us in his pre release Home inspection. A lot of hwh or prisons also donít want to release to this program because they lose the money and they would rather release a problematic prisoner than one who causes no problems. Sad but true. My husband is to be released to straight HC after orientation but now we have found there are even problems the hwh is causing with that and decided to retain an attorney and he instead is first going to try to go the LMP route. He knows my husbandís P.O. which is a plus also but weíll see. Just would rather he not be in the hwh more than necessary.

At the end of the day, heís still in custody even in the hwh so they donít need to release your husband even if he is eligible. Last year with the hwh closings a lot of inmates lost their hwh time and because of full beds had to wait to go to the hwh delaying their release from the facility.
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Old 09-21-2018, 12:37 PM
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The bop is able to send inmates directly to home confinement for up to 6 months because of the passage of the Second Chance Act. I have read that this is happening more often when there is a shortage of HWH beds. Home confinement directly from prison is monitored by US Probation, and by the HWH staff if he is sent to HC from there. The problem with the law is that it doesn't require the bop to do anything, so if they decide to be especially nasty, they could wait to release him on his end of sentence date.

If he isn't able to convince his case manager to release him earlier to home confinement, I seriously doubt that a lawyer could force them to change their mind.

Another issue may be where he will be released to supervised release/federal probation at the completion of his prison sentence. Unless he gets a "change of release location" (from TX to NM?) he will be forced to live in the federal judicial district where his case was prosecuted. The paperwork has to be initiated by his bop unit team at least 6 months prior to when he would leave for HWH or HC. The request will have to be approved by the US Probation office where you live. (unless it is in the same judicial district as where he was sentenced, then he won't need to do anything since that would already be his designated release location).
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Old 09-21-2018, 06:09 PM
ttexrbomb ttexrbomb is offline
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Default How to Enforce Eligible Release Date

What you mentioned about your husband (all the good) actually works against him when it comes time to decide community custody. The fact he was good and has a good family support system in place mitigates the need for pre release services. Since he is disabled and on social security further negates the need for pre release employment assistance, which the HWH provides. Halfway houses are there to assist people with reintegration. It sounds like your husband doesnít need much in that department. And if he was at a camp, then there is even less of a need since he was low security.

More halfway house and community custody time is not a reward for good behavior. They could really care less. More HWH/HC time is based on reintegration need. His reward for being good is he gets to stay longer. Iím so sorry.

I know. Itís backwards but this is how the BOP thinks.

Last edited by ttexrbomb; 09-21-2018 at 06:12 PM..
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Old 09-22-2018, 06:43 AM
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A number of members have posted that they made a big mistake accepting HWH rather than just remaining in a minimum security camp. The bop finally stopped issuing conduct shots for declining HWH, but it was a close call for me (after I was done with "community corrections") and I went there from a medium security FCI.

Check up on the actual HWH he will be sent to, some especially those in big cities, are worse than others. The 16 page list is at the bottom.
https://www.bop.gov/about/facilities...nt_centers.jsp
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Old 09-22-2018, 06:50 AM
SuzNJim SuzNJim is offline
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Default LMP

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Originally Posted by rockchalk1 View Post
Have you talked to an attorney who deals in post sentencing issues that can contact the probation office and work with the Bop to get him on direct home confinement? There is a program called LMP which is skipping the HWH and going right to Hc. My husbandís P.O. mentioned this to us in his pre release Home inspection. A lot of hwh or prisons also donít want to release to this program because they lose the money and they would rather release a problematic prisoner than one who causes no problems. Sad but true. My husband is to be released to straight HC after orientation but now we have found there are even problems the hwh is causing with that and decided to retain an attorney and he instead is first going to try to go the LMP route. He knows my husbandís P.O. which is a plus also but weíll see. Just would rather he not be in the hwh more than necessary.

At the end of the day, heís still in custody even in the hwh so they donít need to release your husband even if he is eligible. Last year with the hwh closings a lot of inmates lost their hwh time and because of full beds had to wait to go to the hwh delaying their release from the facility.
What does LMP stand for?

I guess I could confer with attorneys, I just have barely survived while he has been incarcerated. It has been all that I could do to support him and myself. While things are starting to get better financially, I'm still not in a position to retain legal counsel, even if it was just a few thousand dollars... I simply do not have it. We lost everything when he was taken from me. This was actually a civil matter and everyone who has looked at his records is shocked that he is in the BOP. But, if there is a way to retain an attorney, if that could get him released sooner, I definitely would.

Thank you for your response ;-D
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Old 09-22-2018, 07:09 AM
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What does LMP stand for?

I guess I could confer with attorneys, I just have barely survived while he has been incarcerated. It has been all that I could do to support him and myself. While things are starting to get better financially, I'm still not in a position to retain legal counsel, even if it was just a few thousand dollars... I simply do not have it. We lost everything when he was taken from me. This was actually a civil matter and everyone who has looked at his records is shocked that he is in the BOP. But, if there is a way to retain an attorney, if that could get him released sooner, I definitely would.

Thank you for your response ;-D
Read this document. It explains it. http://www.okwp.uscourts.gov/sites/d...theprogram.pdf
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Old 09-22-2018, 09:42 AM
ttexrbomb ttexrbomb is offline
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Default How to Enforce Eligible Release Date

Hang in there. I know itís hard and you want him back. But he will be home soon. And all of this will become a distant memory.
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Old 09-22-2018, 03:38 PM
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Bottom line, BOP is under no obligation to release anyone early, be it halfway house or home confinement. There may very well be no beds available at the halfway house he's been zoned for. Yes, denying early release is one way BOP gets their last revenge on anyone who's made their lives more difficult (BP-9s, etc).



That, and they may have decided that he doesn't need more than 2 months at the halfway house, BECAUSE he doesn't need to find a job or housing. And he might very well be safer at the camp than the halfway house.
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Old 09-22-2018, 06:45 PM
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I encourage you to write the warden, cc the bop and also cc the governor. And see how quickly they respond to your concern. Right now with the prison reform, your issue may ignite action. But as I preach to many, if it is not in writing then it does not exist. Please put it in writing and mail it to them with your return contact information. Best regards in this matter.
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Old 09-24-2018, 06:53 AM
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Since he is already considered to be a "complainer", which is probably why he is receiving less time in the HWH than you think he should, writing more letters will be likely to do more harm than good. The vast majority of bop prisoners receive 10 percent of their initial sentences, or less, in HWH or HC, so 2 months HWH isn't unusual.
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Old 01-11-2019, 12:43 PM
SuzNJim SuzNJim is offline
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Default First Step Act - What to File When You Are Eligible for IMMEDIATE Release?

Does anyone know what needs to be filed to gain immediate release since the new law was implemented?

My husband qualifies on all levels to have been released at least to home confinement on 10/13/18 but now has to fight for the BOP to figure out the new guidelines?

In the interim, what can be filed with the BOP or the Court to order immediate release - and how?

If there is anyone with a little insight, I would appreciate hearing from you.

Thank you in advance!
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Old 01-11-2019, 04:05 PM
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Talk to a lawyer for accurate answers. The bop is not required to release anyone prior to the day that their prison sentence ends (sentence minus good time), so forcing them to send him to community corrections (HWH/HC) won't happen without the bop's agreement. They sometimes do respond to pressure from politicians, but what happens most of the time is that you contact the Pol, and they forward your complaint to the bop to handle.

I have heard that some folks are being kept past their release dates (after the additional good time is factored in) but my guess is it would have to be addressed in federal court.
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Old 01-11-2019, 05:55 PM
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Originally Posted by SuzNJim View Post
Does anyone know what needs to be filed to gain immediate release since the new law was implemented?

My husband qualifies on all levels to have been released at least to home confinement on 10/13/18 but now has to fight for the BOP to figure out the new guidelines?

In the interim, what can be filed with the BOP or the Court to order immediate release - and how?

If there is anyone with a little insight, I would appreciate hearing from you.

Thank you in advance!
Unfortunately, when the final version of the bill was passed and signed, they language of the additional time credit from 47 to 54 days was tied into the Risk assessment that the BOP has 210 days to come up with, which is July. As for not giving your husband his HWH time and keeping him there past that, they are not legally required to send him to the HWH and can indeed keep him right up until the end of his sentence minus his good time credit. The elderly provision in the new law also is not something worth pursuing as that also is defined in the Act as being a pilot program and it has not yet been decided what prisons will be designated pilot programs.

If you look at some of my other recent posts, you will see some of the feedback our attorney has had from the BOP regarding these issues. He has said we can file a motion with the court, but in my husband's case he is getting out in 3 weeks, so it isn't worth it. It probably isn't in your case either, because by the time it works it's way through the court and cost, he will be out.

Sounds like you only have a few more months to go. I would just suck it up at this point. That's pretty much what we're doing.
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Old 01-11-2019, 07:43 PM
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I got a chuckle from the bop's answer to your lawyer about the increased good time retroactively included in the first step act, which confirms my comment about obfuscation, aka misleading bop BS. "It will take time to implement the changes because (one reason) Not every inmate qualifies for the additional good time", or something like that.

The federal prisoners who will not benefit from the retroactive increase from 47 days/yr to 54 days of time off of their sentences, according to the bop statistics are these:

Total prisoners 180,124

Total life sentences; 4,459 2.4 per cent
Sentences one year or less; 5,000 2.7 per cent

So 95% of bop prisoners will qualify, all the way back to the first day in bop custody.
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Old 01-11-2019, 07:59 PM
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Default When Will He Get Out?

My LO knows someone currently in HWH, at the tail end of his 30 year sentence. By all rights, with the additional 30 weeks of good time he is now entitled to, he should be released instantly, as his release date, once calculated, is several months in the past. Is BOP planning to wait until after he's released from HWH to do his recalculation? Bastards.
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Old 01-11-2019, 09:43 PM
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My LO knows someone currently in HWH, at the tail end of his 30 year sentence. By all rights, with the additional 30 weeks of good time he is now entitled to, he should be released instantly, as his release date, once calculated, is several months in the past. Is BOP planning to wait until after he's released from HWH to do his recalculation? Bastards.
Same will happen with my husband and thousands of others because they don't have their shit together and as the law currently reads, they don't need to enact it for 210 days from the date it became law which is July.

Fortunately for my husband, we're only talking 10 days so it's not life changing, for others, not the same.
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Old 01-11-2019, 09:44 PM
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I got a chuckle from the bop's answer to your lawyer about the increased good time retroactively included in the first step act, which confirms my comment about obfuscation, aka misleading bop BS. "It will take time to implement the changes because (one reason) Not every inmate qualifies for the additional good time", or something like that.

The federal prisoners who will not benefit from the retroactive increase from 47 days/yr to 54 days of time off of their sentences, according to the bop statistics are these:

Total prisoners 180,124

Total life sentences; 4,459 2.4 per cent
Sentences one year or less; 5,000 2.7 per cent

So 95% of bop prisoners will qualify, all the way back to the first day in bop custody.
I know, right? Just one more thing for them to pass the buck on! I'd like to say I'm shocked, but nothing shocks me these days!
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