(Photo courtesy of the author)
Since many of those indicted end up pleading guilty or are convicted, it is imperative that attorneys know something about the federal prison system. We all realize that even the best-case outcome sometimes includes a term of incarceration.
The Federal Bureau of Prisons (BOP) operates 122 facilities across the United States, many of these institutions are in rural parts of the country. For those who are convicted of economic crimes, they are primarily placed in minimum security prisons, also known as “camps.” However, those with longer sentences (10, 20, or 30 years), even when there is no previous criminal history and involve an economic crime, can find themselves in a low, medium or high security facility. A sentence of 10 years will result in a camp placement.
The first thing that a defendant wants to know, particularly when they are evaluating a plea agreement, is how long they will really be in prison. Besides being a great question that needs to be answered, it is also a complicated one. In December 2018, Congress passed, and President Donald Trump signed, the First Step Act (FSA), which favors many of those who committed economic crimes. Most prisoners earn 54 days/year off the imposed sentence for Good Conduct Time (GCT), which is deducted from the sentence upon surrender. In addition, prisoners can earn up to one year off their sentence by participating in certain programs and participating in certain classes. The participation in these classes results in what are referred to as the First Step Act credits. These credits are earned by monthly participation and are given in increments of 10 days or 15 days / month (usually 15 days after the first six months in prison). These credits are on top of the GCT time and can have a profound effect on the time served in prison. For example, a 36-month sentence is reduced to approximately 22 months after application of Good Conduct Time and First Step Act Credits. On top of that, prisoners can earn additional halfway house and/or home confinement.
Defendants want to know about prison and while publications like Forbes tout the 10 cushiest prisons in the BOP, there really is no such thing. While prison camps are made up of minimum-security prisoners, life in these prisons is spartan one. Popular among the male camps are FPC Pensacola (Florida) and FPC Montgomery (Alabama) as both are stand-alone camps on military bases. For females, there are fewer options but the two camps, FPC Alderson (West Virginia) and FPC Bryan (Texas) are better than most. Camps are usually in large dormitories made up of small rooms, cubicles with an open doorway, bunkbed, two lockers and small writing desk. Restrooms and shower facilities are in common areas and there are privacy stalls.
Regarding resources that there are to help prepare someone for a stay in prison, there is a great deal of information on the Internet and there are consultants, many of whom have left prison themselves, who provide information on the experience. As an attorney, you should vet these experts for your clients, or even better, have a recommendation for someone who will provide the client the most accurate information at a reasonable price. Your clients will do their own research and they will be sold on the best sales pitch, not necessarily the best service.
There are also special circumstances that clients have related to their mental health, physical health, citizenship status, or sexual orientation. For this, attorneys can reach out to experts, usually BOP retirees, who can provide affidavits or court testimony about how a term of incarceration would be carried out for the defendant. One example would be a female defendant, living in New York, who has such extensive medical needs such that she would likely be placed in a medical center. The only medical center for women in the BOP is in Carswell, TX, over 1,500 from Manhattan, adding an additional burden on the defendant and her family. There may also be medical needs that are currently being managed in the community successfully, which would be disrupted by a prison term where medical care is not equal to that available in the community. In addition, the resources associated with caring for those with medical needs, particularly when designated to one of the seven BOP medical centers, places what is likely a minimum-security inmate into a hospital bed that could be used by someone who is coming into the medical center from another prison within the BOP.
Attorneys are tasked with focusing on the law as it relates to defending the client to the best of their ability. However, part of assisting your client should include some consideration for mitigating a sentence through presenting to the court issues concerning prison for your client or to inform your client of the challenges ahead. An attorney’s focus should quickly switch from one regarding the quantity of prison time to one of quality of life for the defendant.
Much of the task of talking to a client about prison is more about managing expectations than comforting them. Providing knowledge about prison helps defendants understand how they will best navigate the situation and attorneys need to play a bigger role in helping them with this transition, or finding someone to help them do it.
Walter A. Pavlo, Jr. is a nationally recognized speaker who lectures on all aspects of white collar crime and federal law enforcement. In addition to speaking, Walt is the co-founder and president of Prisonology, an expert testimony, consulting, and training firm for issues on the Federal Bureau of Prisons.
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