Okay, so to recap, we submitted the Administrative Remedy form BP-229 and it was rejected by the BOP. Click on links to see these documents.
When we hadn't received a response by the 20th day as described in the Administrative Remedy Policy, I had our counsel call the RRM office to see if he could get any information about it. Click on "rejected" link above to see the timeline of the AR. He was forwarded to South Central Regional Counsel, Jason Sickler. This is the man who advised us to submit the AR in the first place, which is what set us on this Administrative Remedy path. Well, he told our counsel that if the response we receive is not satisfactory (remember, we had not received a response or any kind of acknowledgement at that time), then instead of submitting the next level of AR, we should submit another CARES Act home confinement request to the RRM.
Personally, I wanted to do both (1) submit the CARES Act request, AND (2) file the BP-230 as directed by the rejection notice. But our counsel said we shouldn't do that. We should follow Regional Counsel's advice and submit the CARES Act request because doing both would confuse the RRM and gum up the system. So we only submitted the CARES Act request, along with a cover letter as follows:
COVER LETTER
January 10, 2022
Regional Reentry Manager, 727 East Cesar E. Chavez Boulevard, Suite B-138, San Antonio, TX 78206
RE: CARES Act Home Confinement Request
Dear Regional Reentry Manager:
My name is Tom ------, and I am a halfway house inmate at the -----------, in Tyler, Texas.
Enclosed is a request for CARES Act home confinement. I would appreciate you considering this request. I believe I fulfill the requirements of CARES Act home confinement.
Please note that South Central Regional Counsel advised me to submit this request to your office, not to halfway house staff.
Thank you for you time and help with this matter.
Respectfully,
And CARES Act Home Confinement Request
This serves as my request for CARES Act home confinement consideration.
I. Case Background
On July 7, 2018, I was indicted for Conspiracy to Defraud the United States (18 U.S.C. § 371) and Evasion of Payment for Taxes (26 U.S.C. § 7201). Following a jury trial, I was sentenced to 18 months imprisonment followed by three years supervised release. I was subsequently designated to FCI Bastrop Camp to serve my sentence. I have since been released from FCI Bastrop Camp and am currently housed at the ----------------------, halfway house in Tyler, Texas.
II. Consideration Factors
CARES Act home confinement is governed by the nine factors presented in the April 13, 2021, memorandum by Assistant Director Andre Matevousian (“Memorandum”).[1] These factors and application to my case are discussed below:
· Disciplinary History: “Reviewing the inmate’s institutional discipline history for the last twelve months.”
I have maintained clear conduct during my term of incarceration. I have not been charged nor found guilty of any disciplinary code violation.
· Verifiable Release Plan: “Ensuring the inmate has a verifiable release plan.”
Please see Section III below, where my reentry plan is presented.
· Nature of Current Offense: “Verifying the inmate’s current or a prior offense is not violent, a sex offense, or terrorism-related.”
My crime of conviction was for federal tax-related offenses. These offenses were not violent, sexual, or terrorism-related. Additionally, I have not previously been convicted of a crime.
· Detainers: “Confirming the inmate does not have a current detainer.”
I have no pending detainers.
· Low or Minimum Security: “Ensuring the inmate is Low or Minimum security.”
Other than quarantine periods, during which I was incarcerated at the low-security FCI Bastrop, I have remained a minimum-security inmate at FCI Bastrop Satellite Prison Camp. I am currently housed in the ------------------------------ halfway house in Tyler, Texas.
· Low or Minimum PATTERN Score: “Ensuring the inmate has a Low or Minimum PATTERN recidivism risk score.”
My unit team has notified me that my PATTERN Score is minimum risk. Specifically, my General Score is -6 and the Violent Score is -1.
· Violent and/or Gang-Related Activity in Prison: “Ensuring the inmate has not engaged in violent or gang-related activities while incarcerated.”
Since my admission to the Bureau of Prisons, I have not been involved or associated with those who engage in violent or gang-related activities.
· COVID-19 Vulnerabilities: “Reviewing the COVID-19 vulnerability of the inmate, in accordance with CDC guidelines.”
Redacting this part because of privacy.
· Time Served: “Confirming the inmate has served 50% or more of their sentence; or has 18 months or less remaining on their sentence and have served 25% or more of their sentence.”
On June 28, 2021, I was sentenced to 18 months’ imprisonment. I arrived in federal prison on July 20, 2021. Upon arrival in federal prison, I was awarded the standard prorated good conduct time, resulting in an approximate 81-day reduction in sentence. My current release date is October 29, 2022.
With the above calculations in mind, even without taking into consideration the good conduct time, I have served over 25 percent of my sentence.
If this request is approved, I will live in my home, the house located at ---------------------------------, TX -----, which has been inspected and approved by both a probation officer and a BOP inspector. The only other resident is my wife, ---------------, who has no serious underlying health conditions. If granted home confinement, both my wife and I can be reached at ------------ (landline which meets all halfway house requirements), ------------ (my approved cell phone), or ------------ (---------- cell phone). Additionally, I can provide my own transportation from the halfway house in Tyler to the release residence, using my own halfway house approved vehicle. As a resident of the halfway house, I was required to obtain employment, which I did. I am currently employed by ------------------------.
IV. Conclusion
[1] Memorandum from Andre Matevousian, Bureau of Prisons Assistant Director, Correctional Services Division (Apr. 13, 2021).
Click HERE to return to the beginning of our BOP Administrative Remedy for CARES Act Home Confinement.
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