1. Presented By: Jose A. Santana, Chief, DSCC Craig Pickles, Section Chief, Sentence Computations Federal Bureau of Prisons Designation & Sentence Computation Center (DSCC) Grand Prairie, Texas Northern District of Indiana Continuing Legal Education May 2016 1

2. Understanding the DSCC & Its Role Initial Designations & Judicial Recommendations Sentence Calculations Other DSCC Functions Objectives 2

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4. 122 Institutions 13 Private Contract Correctional Institutions Total BOP Inmate Population: 196,134 16 Designated for Female Offenders FPC Alderson, FCI Aliceville, FPC Bryan, FMC Carswell SPC Coleman, SPC Danbury, FCI Dublin, SPC Greenville, SFF Hazelton, SPC Lexington, SPC Marianna, SPC Phoenix, FCI Tallahassee, SCP Tucson, SPC Victorville, FCI Waseca 4

5. FMC Carswell FMC Devens FCI Elkton- Low FCI Marianna- Medium USP Marion- Medium FCI Petersburg- Medium FCI Seagoville- Low FCI Tucson - High 5

6. Work load is distributed by Courts of Jurisdiction (COJs) Each Team is assigned certain COJs For example, Tango Team handles all cases for the District of Hawaii, including probation/supervised release and parole violators. Romeo Team is comprised of: 1 - Operations Manager 5 - Classification & Computation Specialists (CCS) 6 - Classification & Computation Technician (CCT) 1 - Administrative Assistant (AA) 6

7. Hotel Team is responsible for initial designations and redesignations. Hotel Team is comprised of: 1 - Operations Manager 9 - Senior Designators 7 - Designators 4 - Specialists 1 - Management Analyst 2 - Administrative Assistants 7

8. DSCC Team eDesignate Arrival at Designated Facility Courts Marshals Probation Classification Staff Designations Team Office of Medical Designations (applicable cases only) Marshals Notified of Designation Inmate is Scheduled for Movement Classification Staff 8

9. DSCC Team determines whether the federal government has properly acquired primary jurisdiction. Sovereign which first arrests has primary jurisdiction to complete its criminal process first, including service of sentence, unless that sovereign relinquishes custody. If the state has not properly relinquished jurisdiction, the Team notifies the USMS so they do not accept the inmate into physical custody. Jurisdiction is NOT transferred when inmate is received into federal custody via writ ad prosequendum. If the inmate is properly in federal custody, the Team will determine the custody score. 9

10. eDesignate System is used in all 95 federal judicial districts and DC Superior Court. USMS sends designation packet to responsible DSCC Team that includes the USMS Form 129, J&C, SOR and PSR. Judicial recommendations are a factor considered during the designation process. 10

11. Classification is necessary to place each inmate in the most appropriate security level institution that also meets his/her program needs and is consistent with the Bureau’s mission to protect society. BOP facilities are classified into Minimum, Low, Medium, High, & Administrative facilities based upon the level of security and staff supervision the institution is able to provide. Initial security designation data is entered into Sentry based upon information contained within the PSR. 11

12. Detainers/Pending Charges Pre-Commitment Status (VS = minus 3 points) Judicial Recommendations Violence History Escape History Months to Release Offense Severity Criminal History Score - (derived from the criminal history points in final judgment & SOR. If not in either document, BOP uses points assessed by USPO in PSR.) 12

13. The Team uses the medical/mental health calculator to establish a screen level. The Team loads the Security Designation Data. Depending on the assigned screen level, the case is reviewed by Hotel Team (screen level 1 or 2) or by OMDT (screen level 3 or 4) for designation. 13

14. After initial designation and provisional care level assignment by DSCC staff, BOP clinicians determine care level based on: Treatment modalities; Inmate functionality; and Diagnostic categories (e.g., cancer, diabetes, etc.) Based on care level assessment, the institution may request a transfer from OMDT, if needed. 14

15. FMC Butner, North Carolina FMC Carswell, Texas FMC Devens, Massachusetts FMC Lexington, Kentucky FMC Rochester, Minnesota MCFP Springfield, Missouri 15

16. In deciding where to designate an inmate, designators consider the custody classification level and: Inmate’s care level Inmate’s release residence Inmate’s programming needs Population levels at appropriate institutions Recommendations of the sentencing court Central Inmate Monitoring (CIM) issues Increased security measures to ensure protection of victims/witnesses and the public 16

17. 2006 - 56,581 2007 - 70,057 2008 - 68,290 2009 - 75,694 2010 - 78,037 2011 - 89,366 2012 - 80,511 2013 - 79,176 2014 - 73,454 2015 - 67,716 2016 - 17,227 (January-March) 756,109 (73,888 yearly average) 17

18. 2006 - 40,633 (beginning February 2006) 2007 - 67,380 2008 - 47,391 2009 - 34,028 2010 - 37,674 2011 - 33,108 2012 - 37,466 2013 - 42,443 2014 - 52,357 2015 - 48,549 2016 - 12,670 (January-March) 453,699 (44,103 yearly average) 18

19. ** The Bureau makes every effort to comply as long as the recommendation does not conflict with Bureau policy and/or sound correctional management. 76% of Recommendations Followed 19

20. For the The Northern District of Indiana 141 of 158 Judicial Recommendations Followed or Partially Followed 89% of Recommendations Followed 20

21. Sentencing Court Determines: The length of the prison sentence; How sentence runs in relation to other sentences, e.g., concurrent, consecutive, etc.: 18 U.S.C. § 3584(a) & Setser v. United States, --- U.S.---, 132 S.Ct. 1463 (2012) Bureau Determines: Date of sentence commencement - 18 U.S.C. § 3585(a) Prior custody credit - 18 U.S.C. § 3585(b) Projected good conduct time - 18 U.S.C. § 3624(b) Projected release date - 18 U.S.C. § 3624(a) Place of incarceration - 18 U.S.C. § 3621(b) 21

22. 2007 - 111,663 2008 - 167,571 2009 - 151,914 2010 - 168,654 2011 - 154,758 2012 - 158,736 2013 - 157,318 2014 - 153,399 2015 - 170,771 2016 - 41,140 (through 04/01) 1,435,924 (yearly average 154,976) 22

23. When does the Sentence Commence? 18 U.S.C. § 3585(a) - when defendant is received into custody at (or awaiting transport to) “facility at which sentence is to be served.” Prior Custody Credit - Calculated by the Bureau United States v. Wilson, 503 U.S. 329, 112 S.Ct. 1351 (1992) 18 U.S.C. § 3585(b): Credit given for time in “official detention” (b)(1) as a result of the current offense; or (b)(2) any other offense for which defendant was arrested AFTER commission of current offense which has not been credited towards another sentence 23

24. Processed as they are received at the DSCC Calculated as if November 1, 2015 Multiple Counts/Judgments RDAP Define “Release” 24

25. Good Conduct Time (GCT) 18 U.S.C. § 3624(b) Available only for sentences longer than 1 year BOP awards 54 days GCT at the end of each year actually served The 54 days of GCT is equivalent to 14.79% off of a one-year and a day sentence 25

26. Non-violent inmates who successfully complete the RDAP may, at the discretion of the Director, be eligible for up to a one-year early release. Must have no prior or current convictions for disqualifying offenses; Satisfactory behavior in prison; and Successful completion of all 3 components of RDAP Inmates with disqualifying convictions but documented substance abuse disorders may still participate in the program, but will not receive an early release benefit. 26

27. Reviews of all inmates entering program are conducted by DSCC Legal Staff. Current offenses reviewed under 28 C.F.R. § 550.55(b)(5) and (b)(6) and PS 5162.05. Prior offenses reviewed under 28 C.F.R. § 550.55(b)(4) and (b)(6). D.C. Offenders reviewed under 28 C.F.R. § 550.55(a)(1)(ii). Inmates are notified of the early release determination & may appeal determinations through the Administrative Remedy Program. 27

28. Total # of Participants: 18,304 (FY 2015). Increasing every year; 18,102 in FY 2014. FY 2015-2016 RDAP News Spanish RDAP is expanding. The Bureau now has 2 Spanish language RDAP’s. Opening of 4 additional RDAP Programs at United States Penitentiaries. New milestone reached: 700 Drug Treatment Specialists, providing residential, non-residential, and drug education services. 28

29. Residential Reentry Centers (RRC) 18 U.S.C. § 3621(b): “Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.” 18 U.S.C. § 3624(c)(1): “The Director of the Bureau shall, to the extent practicable, 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. Such conditions may include a community correctional facility.” Home Confinement (HC) - 18 U.S.C. § 3624(c)(2) “The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.” 29

30. 28 CFR 542.10 provides an Administrative Remedy Program for inmates to seek review of an issue relating to any aspect of his/her own confinement. It is a multi-level review process which begins with an attempt at informal resolution of the issue. If that does not resolve the concern, the inmate seeks review by the Warden, then if not satisfied, review by the Regional Director. Finally, he/she may seek review by the General Counsel. 30

31. Applies to inmates in BOP institutions, in RRCs, and to former inmates regarding issues that arose during their confinement. Types of issues addressed could be, for example, sentence calculation, food/dining hall, access to religious services, housing unit assignments, visiting list concerns, disciplinary hearing officer challenges, etc. For additional information, see Program Statement 1330.16, found at www.bop.gov, under “Policies.” “News/Information” View More Information Legal Resource Guide to the Federal Bureau of Prisons 31