[Update: I am re-posting this one for 2019 to wish each of you a Happy Valentine’s Day from the outside this year.
I did not win the administrative remedy on the issue stated below in the original post, but I did win an issue concerning a miscalculation of my Good Conduct Time, which changed my out-date to March 8, 2019. I left the prison for Dismas Charities in Atlanta, Georgia on August 28, 2018; however, my fight to successfully reintegrate into society continues. I am unemployed but am not homeless and do have a loving, caring family and some great friends, so life is wonderful!]
The storm still rages within as I continue my fight for successful reintegration into society at an earlier date than approved. Time will tell if I win an administrative remedy process where I present my argument that 119-days in a Residential Reentry Center (RRC) is not “of sufficient duration to provide the greatest likelihood of successful reintegration into the community.”
As stated in my previous blog (“Half a Problem”), to support my position I rely on Congressional authority stated in 18 U.S.C., Section 3624(c), commonly known as THE SECOND CHANCE ACT OF 2007: COMMUNITY SAFETY THROUGH RECIDIVISM REDUCTION (SCA).
The problem lies is Congress giving discretionary authority to the United States Federal Bureau of Prisons, the “Backwards on Purpose” agency (BOP), who has a vested interest in robust prison populations. I will return to this topic later.
Because some of you may not be interested in the halfway house issue, I will share a slightly modified version of a former writing posted on Facebook and published in February 2014 by the Mission Possible, Words of Hope Ministries newsletter, Charlotte, NC. If you like, find other blogs of interest to read on my blogspot.
If new to this site, use the Search feature to experience a variety of writings: “Women Rule the World”; “Burning Bridges”; “Life Beyond the Obvious”; “Despicable Characters”; “Freedom for Another Friend”; “From Where Do Writers Root”; “Social Media for Writers”; “Love & Evil Are Color-Blind”; “Southern Pride – Waving a Confederate Flag”; “A Job Affair”; “Seeking a Real Job” and many others.
WINTER STORM & A VALENTINE’S DAY WISH
A Winter Storm struck the south this morning in Edgefield, South Carolina (02/12/14). I woke to the patter of frozen rain on my window. The air system went off sometime before then and it had gotten real quiet, a rare event in prison.
The power grids in some areas have failed and resulted in power outages but we still have ours; even the air system power has been restored.
For the last few hours, we have gotten light snow mixed with freezing rain. I have stayed inside the living unit. Most of my peers went to go eat breakfast around 8:00 AM, which I rarely go to anyway, so I wasn’t about to go battle the falling, tiny-pieces of ice to trudge across more than five-hundred yards of concrete sidewalks, already frozen and ice-covered, to go eat a breakfast I wouldn’t have went to, even with a cool breeze blowing and a beautiful Red Morning rising sun.
Nature won! 🙂 I wimped out and stayed inside to funnel instant coffee; however, I did man-up to go out and battle the slush for lunch. At any rate, wherever you are at when reading this, I sincerely hope you are safe and warm. I know the storm began for some of you many days ago, while others are enjoying beautiful weather, others needing food and water, but whatever your circumstances are, I do hope you are able to enjoy life and take pleasure in what you have, rather than being discontent because of what is missing in your life that you wished you had but do not.
For those of you fortunate enough to have a special someone in your life, I do hope you have a Happy Valentine’s Day and are able to cuddle up to the one you love in some meaningful way.
For those who don’t have anyone special in your life, know that you are loved by many whom you may not have met, yet. Maybe the winter storm in your life will pass soon and you will find the beauty in life as spring rolls in to replace the cold and troublesome weather. Don’t give up! There is always hope. 🙂 Take care-Wayne
EARTHQUAKE: The winter storm continued for days. Two days after I wrote the above, a 4.1 Earthquake hit Edgefield, SC on Valentine’s Day. I told a friend, “Someone must not have gotten a Valentine’s card.”
LAS VEGAS, NEVADA: I overheard staff members discussing what was said during an August 2017, Union meeting in Las Vegas. A BOP spokesperson stated, “We are running out of prisoners because of changes made in the law and policies implemented by President Obama and Attorney General Eric Holder.”
Some of those policies implemented by the former Attorney General that decreased the prison population, focused on reentry initiatives, and ordering prosecutors to cease the practice of beefing-up criminal charges on defendants to get guilty pleas, as well as to respect state rights by not prosecuting those who grow marijuana in states where it is legal.
Attorney General Jeff Sessions is working on solving “that problem” with new policies he has implemented (reversing pot policy), and with assistance from Director Inch, changing BOP halfway house/RRC placement practices, which will increase recidivism.
RECIDIVISM: Read “Recidivism in America” (01/25/17) for more on recidivism and the BOP’s population decline, due, in part, to those policies implemented by the former President and Attorney General (“The B.O.P. began 2017 with 189,333 prisoners, which is substantially less than the 219,298 reported in 2013.”)
On February 8, 2018, the BOP population was 183,447, with 7,149 prisoners in halfway houses, and 2,180 more on home confinement. To show the effect of policy changes by Director Inch, on June 15, 2017, the month before he took control, the halfway house population was 8,848, with 3,559 on home confinement.
HALF A CHANCE: BOP DIRECTOR MARK INCH DISREGARDS PROVISIONS OF THE SECOND CHANCE ACT.
The Honorable Henry R. Wilhoit, Jr., U.S. District Judge, wrote the following about the Second Chance Act in Glenn, Jr. v. Holland, 2011 U.S. Dist. LEXIS 127740 (E.D., Ky. 11/03/11):
“The ‘Second Chance Act of 2007’
“The Second Chance Act amends 18 U.S.C. Sections 3621(a) and 3624(c) and requires the BOP staff to review inmates for halfway house placement 17-19 months before their projected release dates.
“The purpose of the Second Chance Act are, in part, to break the cycle of criminal recidivism; to rebuild ties between offenders and their families; to encourage the development and support of programs that enhance public safety and reduce recidivism, such as substance abuse treatment, alternatives to incarceration and comprehensive reentry services; to protect the public and promote law-abiding conduct; to assist offenders reentering the community from incarceration; and to provide offenders in prison … with educational, literacy, vocational, and job placement services to facilitate reentry into the community. See Act, 112 Stat 657. The Second Chance Act requires the BOP to ‘ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12-months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community.’ 18 U.S.C. Section 3624(c).”
Maybe Director Inch hasn’t read the statute, which puts the responsibility on him to accomplish the above. The SCA (18 U.S.C. Section 3624(c), Prerelease Custody) begins with, “The Director of the Bureau of Prisons shall, ….” After I receive the response to my Administrative Appeal (BP-9), I will mail him a copy, which includes a copy of a newsletter by attorney Brandon Sample, who explains the legislative process (NEWS@BRANDONSAMPLE.COM).
BOP MISSION STATEMENT: “The Federal Bureau of Prisons protects society by confining offenders in the controlled environment of prisons and community-based facilities that are safe, humane, and appropriately secure, and which provides work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.”
The mission statement must have excluded the federal prison administrators that I’ve lived under for almost thirty-years, since I’ve not seen many programs that provide self-improvement opportunities, and since I have struggled with the ones at this institution to have regularly scheduled, self-improvement programs that reduce recidivism; i.e., Twelve Step meetings. And the situation here for 12-Step programs is better than what others report who come from other federal institutions.
Perhaps the BOP mission statement was written before private prison company executives corrupted the criminal justice system with their bribes (contributions) to increase their bottom lines and ensure a robust prison population.
Perhaps one can file under the Freedom of Information and Privacy Act to see if the Honorable United States Attorney General, Jeff Sessions, and the Honorable Mark S. Inch, BOP Director, received “contributions” from private prison company executives (e.g., Core Civic and GEO Group), whose influences have lead to laws and policies that increased recidivism at taxpayers’ expense, the same as what is happening with the changed halfway house practices.
Read “Half a Problem” for more on the halfway house issue, and “The Truth About Incarceration, Part II” for more on the corrupt influence of private prison executives on prison authorities and politicians.
OFFICE OF INSPECTOR GENERAL REPORT ON BOP HALFWAY HOUSES (https://oig.justice.gov/reports/2016/a1701.pdf):
“The OIG found that, contrary to policy, guidance, and relevant research, BOP is ‘placing the great majority of eligible inmates into RRCs regardless of inmate risk for recidivism or need for transitional services, unless the inmate is deemed not suitable for such placement because the inmate poses a significant threat to the community. As a result, low-risk, low-need inmates are more likely to be placed in RRCs than high-risk, high-need inmates.’
“The numbers tell the story. During the study period, 90% of minimum security and 75% of low security inmates received RRC/home confinement placement. But only 58% of high security level inmates got such placement, while the remaining 42% were released into the community directly from a BOP institution. While the OIG Report conceded that this ‘may be a result of the fact that many of the high security inmates were considered a public safety risk,’ still the Report suggested that because, on average, the high-security inmates were within four months of release anyway, there didn’t seem to be much justification for not sending them to a halfway house, where they (and the community) might benefit from receiving reentry programming.” BOP HALFWAY HOUSE PROGRAM FOUND TO BE DEFICIENT (11/20/16), Legal Information Services Associates newsletter (for free Corrlinks newsletter, send email to email@example.com). Visit www.lisa-legalinfo.com.
Many of the high-security prisoners released straight into the community, will commit crimes against citizens and return to prison. Providing a reasonable opportunity to prepare for reentry would reduce the numbers of those who do.
In an OIG Report on the BOP Release Preparation Program (RPP), the OIG stated, “Finally, we found that the BOP does not currently collect comprehensive re-arrest data on its former inmates, has no performance metrics to gauge the RPP’s impact on recidivism, and does not currently make any attempt to link RPP efforts to recidivism. We also found that the BOP has not yet completed a recidivism analysis required by the Second Chance Act of 2007. Such analyses would help the BOP know whether the RPP is effectively accomplishing its objective of reducing recidivism.” REVIEW OF THE FEDERAL BUREAU OF PRISONS RELEASE PREPARATION PROGRAM (09/04/16), Jeremy Gordon Newsletter (firstname.lastname@example.org) Visit www.facebook.com/gordondefense.
The BOP first must want to decrease recidivism. Remember the Backwards on Purpose agency, whose “[a]ctions speak so loud I can’t hear a word of what [they] say.” Ralph Waldo Emerson.
The new halfway house policy lead to one man here, a recidivist who served 12-years, to receive 12-DAYS in an RRC. Another man served 14-years and received 28-DAYS. Considering that Congress extended the permissible RRC placement period from 6-to-12 months to decrease recidivism, shortening that period will increase recidivism.
THE STORM RAGES ON.
Wayne T. Dowdy writes at http://www.straightfromthepen.com & https://waynedowdy.weebly.com.
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