1. Demystifying the B.O.P. Time Computations, Designation, Programs, and Advocacy Robert M. Jensen Assistant Regional Counsel Bureau of Prisons – Northeast Region December 6, 2013 1

2. Roadmap BOP Overview Statutory Guidance Designations What Court Cannot Do Role of Defense Counsel Basics of Sentence Computation Hypos Questions 2

3. BOP National Map 3

4. BOP Northeast Region 4

5. Contact Info Michael D. Tafelski Regional Counsel BOP Northeast Region U.S. Customs House, 7 th Floor Philadelphia, PA 19106 (215) 521-7375 Email: mtafelski@bop.gov Robert M. Jensen Assistant Regional Counsel BOP Northeast Region U.S. Customs House, 7 th Floor Philadelphia, PA 19106 (215) 521-7387 Email: rjensen@bop.gov 5

6. 18 U.S.C. § 3584 Multiple sentences of imprisonment. (a) Imposition of Concurrent or Consecutive Terms.— If multiple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively, except that the terms may not run consecutively for an attempt and for another offense that was the sole objective of the attempt. Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently. (b) Factors To Be Considered in Imposing Concurrent or Consecutive Terms.— The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider, as to each offense for which a term of imprisonment is being imposed, the factors set forth in section 3553 (a). (c) Treatment of Multiple Sentence as an Aggregate.— Multiple terms of imprisonment ordered to run consecutively or concurrently shall be treated for administrative purposes as a single, aggregate term of imprisonment. 6

7. 18 U.S.C. § 3585 Calculation of a term of imprisonment. (a) Commencement of sentence. - A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served. (b) Credit for prior custody. - A defendant shall be given credit towards the sentence of a term of imprisonment for any time spent in official detention prior to the date the sentence commences - (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence. 7

8. 18 U.S.C. § 3621(b) (b) Place of Imprisonment.— The Bureau of Prisons shall designate the place of the prisoner’s imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering— (1) the resources of the facility contemplated; (2) the nature and circumstances of the offense; (3) the history and characteristics of the prisoner; (4) any statement by the court that imposed the sentence— (A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and (5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994 (a)(2) of title 28. 8

9. What a Sentencing Court Cannot Order … 1.Place of incarceration (18 U.S.C. § 3621); 2.Earlier commencement of federal sentence (18 U.S.C. § 3585(a)); 3.Credit towards sentence for presentence custody (18 U.S.C. § 3585(b)); 4.Referral into RRC or home detention (18 U.S.C. §§ 3621(b), 3622, 3624(c)); 5.Temporary release on furlough (18 U.S.C. § 3622); 6.Participation in a specific program (18 U.S.C. § 4042); 7.Participation in Residential Drug Abuse Program (18 U.S.C. § 3621(e)). 9

10. Defense Counsel Role (If Any) in Designation Process 1.Make sure Presentence Investigation Report is accurate; 2.Judicial Recommendations; 3.RDAP; 4.Become familiar with P.S. 5100.08, Inmate Security Designations and Custody Classification; 5.Contact DSCC (via letter or email, Ohio is Foxtrot team); 6.Provide medical/psychological information; 7.Recognize effect of voluntary surrender; 8.Try to resolve pending charges; 9.Understand greatest security offenses; 10.Removable alien v. naturalized citizen; 11.Foreign official detention. 10

11. BOP Scoring Voluntary Surrender points; Greatest Security Level offenses; Open cases/detainers; Leadership role; Public Safety Factors. 11

12. Basic Axioms of Sentence Computation 1. Sentences cannot commence until imposed - the earliest date a sentence can commence is date of imposition. 2. No prior custody credit for any time spent on bail-type release. 3. Credit is awarded for any part of a day in official criminal detention. 4. No prior custody credit is awarded when it is credited towards another sentence (there are exceptions). 5. With multiple sentences, aggregate first, if possible, and then apply prior custody credit. 12

13. State and Federal Sentencing Issues Interaction of state sentences and federal sentences is very complicated and usually turns on the specific facts. The Bureau is available to provide its interpretation in complex cases. There is a detailed memo on Interaction of State and Federal Sentences, available at BOP Public Web Site. (www.bop.gov/news/publications.jsp)www.bop.gov/news/publications.jsp 13

14. Hypo 1 Defendant is arrested on May 1, 2002, and denied bail. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment. 14 Arrest Sentence 5/1/0212/1/02

15. Hypo 2 Defendant is arrested on May 1, 2002, at 11:00 p.m. and is released on bail on May 2, 2002, at 9:00 a.m. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment and ordered to be committed to BOP custody immediately. 15 Arrest Sentence 5/1/0212/1/02 5/2/02 Bail

16. Hypo 3 Defendant is arrested on May 1, 2002, at 11:00 p.m. and is released on May 2, 2002, at 9:00 a.m. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment and ordered to voluntarily surrender on December 25, 2002. 16 Arrest Vol. Surr. 5/1/0212/25/02 5/2/02 Bail 12/1/02 Sentence

17. Hypo 4 Defendant is arrested on May 1, 2002. On May 2, 2002, the court ordered that defendant be placed in a halfway house (RRC) under the condition that he only be permitted to leave to work to support his family. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment and ordered to voluntarily surrender on December 25, 2002. 17 Arrest Vol. Surr. 5/1/0212/25/02 5/2/02 RRC 12/1/02 Sentence

18. Hypo 5 Defendant is arrested on May 1, 2002, and bail release is denied. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment. On June 1, 2003, defendant is sentenced to a 60 month term to run consecutively with all prior sentences. 18 Arrest 5/1/02 12/1/02 Sentence 1 6/1/03 Sentence 2 CS 60 + 57 months = 117 months

19. Hypo 6 Defendant is arrested on May 1, 2002, and bail release is denied. On December 1, 2002, defendant is sentenced to a 57 month term of imprisonment. On June 1, 2003, defendant is sentenced to a 60 month term to run concurrently with all prior sentences. 19 Arrest 5/1/02 12/1/02 Sentence 1 6/1/03 Sentence 2 CC 57 monthsSent 1 60 months Sent 2 Aggregate 66 months

20. Hypo 7 On May 12, 2007, Defendant is arrested by NJ state police and charged with death by auto, bail is denied. On May 13, 2007, he is indicted federally for car jacking in relation to the same offense. On May 26, 2007, he is taken into federal custody on the basis of a writ of habeas corpus ad prosequendum. On June 1, 2008, defendant is sentenced to a 120 month federal sentence to run concurrently with any other sentence. On July 1, 2008, defendant is sentenced to 45 years on the state charge. The state judge allows that the state sentence may be served in a federal institution. 20 State Arrest/ No Bail 5/12/07 6/1/08 Fed. Sentence 7/1/08 State Sentence 5/13/075/26/07 Fed. Ind.Fed. Writ

21. Questions? 21