I wrote this blog at the request of Jeff Grant over at Prisonist.org. I thought I would re-post it on my site because I’m seeing more and more people getting into the consulting arena and it’s not just the white collar people who fall prey to consultants. The bottom line is beware when someone directly solicits by aggressive telemarketing, scare tactics and things that sound just too good to be true. Here it is and I hope you enjoy:
I’ve worked with white collar individuals in various Federal prison settings off and on for almost three decades. One common theme that has remained a constant is how highly educated professionals seem to lose all sense of discernment when indicted by the government. Savy business People who are ordinarily in control of their affairs often become victims of profiteers, mainly prison “consultants”.
Probably the most prevalent issues are people being solicited to “pay” for a transfer, designation, longer halfway house placement or my favorite “early release”. There is a growing cottage industry of RDAP “Consultants” promising early release and others selling extended halfway house under the “Second Chance Act”. RUN and HIDE!
What most people don’t realize until after they become incarcerated is that paying for RDAP, a transfer, designation and more halfway house is basically a scam. Very troubling to me is that spouses, children and parents often fall victim to these solicitations even after someone reports to prison. It seems all sense of rationality disappears when the fear, anxiety and nativity take hold when a person is facing a prison term.
I once had someone on my caseload who paid $7,500 to be designated to a specific location. Unfortunately, the facility I worked at was not the place they wanted to go to! One thing profiteers realize is that when the court recommends a specific location, the Bureau of Prison’s compliance rate is approximately 74% because it is policy for them to accommodate judicial recommendations. The non-compliance rate would be higher, however, many times the recommendation is not commensurate with the individuals classification and/or program needs.
In the case I referred to above, the “consultant” missed a very basic policy issue which prevented the desired location which could have been proactively managed prior to sentencing. I often hear attorneys and others comment how the BOP does not follow the recommendation but I beg to differ. I monitored the incoming pipeline (thousands of inmates) of both a camp and medium facility for many years and when the recommendation is commensurate with the level and program needs, it closer to 90%.
I recently had a client who hired me because he said I was the only one who told him it was easy to get into the RDAP. He had contacted many people which he found on line who had a song and a dance about how they would “get him into RDAP” and “get him early release”. For people with a legitimate and documented substance abuse issue, it is extremely easy to get into the RDAP. The BOP automatically identifies, then transfers participants into the program even if the RDAP is not at the initially designated facility. No judicial recommendation is even needed. Recently, an attorney I frequently work with in Baltimore sent me a copy of an email he sent to a consulting company which instructed them to cease and desist contacting his client about getting them into RDAP. He also forwarded the solicitation materials to me which told the person how a “judicial recommendation wasn’t enough” to get them into RDAP and how they were going to “get them 18 months off the sentence”. This is quite comical from my perspective but to someone facing a sentence, it’s just what they want to hear.
As I mentioned before; no court recommendation is needed to get into the RDAP plus the BOP policy on early release is clear about how long one receives off the sentence as well as the mandatory amount of halfway house placement (aka: RRC) which is required for the community transitional phase of the RDAP program. That leads me to my final common area of concern which is regarding the “Second Chance Act” (SCA).
The Second Chance Act of 2007 is simply a law that was passed in 2008, which the Bureau of Prisons operates under. It does NOT mandate the BOP to place people for any specific time period nor did it take away any of the discretion the BOP had prior to its implementation. Most people do not realize the SCA had the most impact on state prison populations, funding and re-entry programs. All it did from a Federal prison standpoint was establish the “Elderly Offender Pilot Program”, (long since closed) and gave the BOP discretion in placing people up to 12 months in the halfway house under 18 USC 3624. You do NOT apply for the SCA!
In summary, I’d like to be clear the victimization of white collar people I refer to is not illegal nor is it limited to white collar people. It’s basically buyer beware that you’re paying for things which will ordinarily occur within the framework of the prison system. Private outside entities have little control or impact because of the statutory discretion given to the BOP. Though it is practical to be as prepared as much as possible prior to the prison experience; one should carefully reconsider engaging entities who direct market and/or have that magic bullet that sounds too good to be true.
My next blog is going to focus on the issue of “friendly extortion” many white collar individuals face in prison which is not only prevalent in the higher security level facilities but also present in federal prison camps.