Federal Bureau of Prisons

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Federal Bureau of Prisons
Seal of the Federal Bureau of Prisons.svg
Seal of the Federal Bureau of Prisons
Agency overview
FormedMay 14, 1930;92 years ago (May 14, 1930)
Headquarters Federal Home Loan Bank Board Building,
Washington, D.C., U.S.
MottoCourage. Respect. Integrity. Correctional Excellence.
Employees36,697 [1]
Annual budget US$ 9.3 billion (FY 2021) [2]
Agency executives
  • Colette S. Peters, Director
  • William Lothrop, Jr., Acting Deputy Director
  • Sonya D. Thompson, Acting Chief of Staff
Parent agency Department of Justice
Website www.bop.gov
The Federal Home Loan Bank Board Building, which houses the main office of the Federal Bureau of Prisons in Washington, D.C. Federal Home Loan Bank Board Building 1.jpg
The Federal Home Loan Bank Board Building, which houses the main office of the Federal Bureau of Prisons in Washington, D.C.

The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that is, violations of the United States Code.

Contents

History

The federal prison system had existed for more than 30 years before the BOP was established. Although its wardens functioned almost autonomously, the Superintendent of Prisons, a Department of Justice official in Washington, was nominally in charge of federal prisons. [3] The passage of the "Three Prisons Act" in 1891 authorized the first three federal penitentiaries: USP Leavenworth, USP Atlanta, and USP McNeil Island with limited supervision by the Department of Justice. [4]

Until 1907, prison matters were handled by the Justice Department General Agent, with responsibility for Justice Department accounts, oversight of internal operations, and certain criminal investigations, as well as prison operations. In 1907, the General Agent was abolished, and its functions were distributed between three new offices: the Division of Accounts (which evolved into the Justice Management Division); the Office of the Chief Examiner (which evolved in 1908 into the Bureau of Investigation, and in the early 1920s into the Federal Bureau of Investigation); and the Office of the Superintendent of Prisons and Prisoners, later called the Superintendent of Prisons (which evolved in 1930 into the Bureau of Prisons).

The exterior of Federal Correctional Institution, Milan FCIMilan.jpg
The exterior of Federal Correctional Institution, Milan

The Bureau of Prisons was established within the Department of Justice on May 14, 1930 by the United States Congress, [5] and was charged with the "management and regulation of all Federal penal and correctional institutions." [6] This responsibility covered the administration of the 11 federal prisons in operation at the time. By the end of 1930, the system had expanded to 14 institutions with 13,000 inmates, and a decade later in 1940, the system had 24 institutions with 24,360 incarcerated.

The state of Alaska assumed jurisdiction over its corrections on January 3, 1959, using the Alaska Department of Corrections; prior to statehood, the BOP had correctional jurisdiction over Alaska. [7]

As a result of the Sentencing Reform Act of 1984 and subsequent legislation which pushed for longer sentences, less judicial discretion, and harsher sentences for drug-related offenses, the federal inmate population doubled in the 1980s and again in the 1990s. The population increase decelerated in the early 2000s, but the population continued to increase until 2014. [8] [9]

The National Capital Revitalization and Self-Government Improvement Act of 1997 transferred responsibility for adult felons convicted of violating District of Columbia laws to the BOP.

Administration and employees

The current director of the Bureau of Prisons is Colette S. Peters. [10] [11]

As of 2020, 62.5% of Bureau employees are white, 21.3% are black, 12.6% are Hispanic, 2.3% are Asian and 1.3% are Native American. 72% are male. [12] There is roughly one corrections officer for every 10 prisoners. [13]

All BOP employees undergo 200 hours of formal training in their first year of employment and an additional 120 hours of training at the Federal Law Enforcement Training Centers (FLETC) in Glynco, Georgia. [14]

Types of federal prisons

The United States Medical Center for Federal Prisoners, a unit for male prisoners requiring medical care USMCEntrancewayMissouri.jpg
The United States Medical Center for Federal Prisoners, a unit for male prisoners requiring medical care

The BOP has five security levels:

Some units have small, adjacent, minimum-security "satellite camps". Twenty-eight institutions hold female inmates. As of 2010, about 15% of Bureau inmates are in facilities operated by third parties, mostly private companies, whilst others are in local and state facilities. Some are in privately operated Residential Reentry Centers (RRC) or Community Corrections Centers. The Bureau uses contract facilities to manage its own prison population because they are "especially useful" for housing low-security, specialized groups of people, such as sentenced criminal aliens. [16]

Correctional officers

In the BOP, correctional officers are uniformed federal officers who protect and look after BOP prisons and inmates. The BOP has a Special Operations Response Team and Disturbance Control Team.

Inmate population

Past inmate population totals [17]
FYPopulationChange
2000145,125+11,436
2001156,572+11,447
2002163,436+6,864
2003172,499+9,063
2004179,895+7,396
2005187,394+7,499
2006192,584+5,190
2007200,020+7,436
2008201,668+1,648
2009208,759+7,091
2010210,227+1,468
2011217,768+7,541
2012218,687+919
2013219,298+611
2014214,149-5,149
2015205,723-8,426
2016192,170-13,553
2017185,617-6,553
2018181,698-3,919
2019177,214-4,484

As of 2021, the Bureau was responsible for approximately 131,040 inmates, [17] in 122 facilities. [18] 57.9% of inmates were white, 38.2% were black, 2.5% native American, and 1.5% Asian; 93.3% were male. [19] 30.4% were of Hispanic ethnicity, which may be any of these four races. [20] 75% of inmates were between the ages of 26 and 50. [21]

As of 1999, 14,000 prisoners were in 16 federal prisons in the state of Texas. [22]

As of 2010, almost 8,000 felons in 90 facilities, sentenced under D.C. laws, made up about 6% of the total Bureau population. [23]

As of August 2020, 46.2% of inmates were incarcerated for drug offenses. [24]

The BOP receives all prisoner transfer treaty inmates sent from foreign countries, even if their crimes would have been tried in state, DC, or territorial courts if committed in the United States. [25]

Female inmates

As of 2015, 27 Bureau facilities house women. The Bureau has a Mothers and Infants Nurturing Together (MINT) program for women who enter the system as inmates while pregnant. The Bureau pays for abortion only if it is life-threatening for the woman, but it may allow for abortions in non-life-threatening cases if non-BOP funds are used. [26]

In 2017, four Democratic Senators, including Kamala Harris, introduced a bill explicitly requiring tampons and pads to be free for female prisoners. In August 2017, the Bureau introduced a memorandum requiring free tampons and pads. The previous 1996 memorandum stated "products for female hygiene needs shall be available" without requiring them to be free of charge. [27]

A 2018 review by the Evaluation and Inspections Division, Office of the Inspector General, U.S. Department of Justice, found the Bureau's programming and policy decisions did not fully consider the needs of female inmates in the areas of trauma treatment programming, pregnancy programming, and feminine hygiene. [28]

Juvenile inmates

As of 2010 typically juveniles sent into Bureau custody are between 17 and 20, must have been under 18 at the time of the offense and had been convicted of sex-related offenses. This is because the most severe crimes committed on Indian Reservations are usually taken to federal court. According to the Bureau, most of the juveniles it receives had committed violent crimes and had "an unfavorable history of responding to interventions and preventive measures in the community." As of that year most federal juvenile inmates were from Arizona, Montana, South Dakota, Nebraska, and the District of Columbia (in no particular order). [29]

The Bureau contracts with facilities that house juvenile offenders. Title 18, U.S.C. 5039 specifies that "No juvenile committed...may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges." The definition includes secure facilities and community-based correctional facilities. Federally sentenced juveniles may be moved into federal adult facilities at certain points; juveniles sentenced as adults are moved into adult facilities when they turn 18. Juveniles sentenced as juveniles are moved into adult facilities when they turn 21. [30]

Death row inmates

United States Penitentiary, Terre Haute, the location of the federal death row for men and the federal execution chamber TerreHauteUSP.jpg
United States Penitentiary, Terre Haute, the location of the federal death row for men and the federal execution chamber

The Anti-Drug Abuse Act of 1988 reinstituted the federal death penalty. [31] On July 19, 1993, the federal government designated the United States Penitentiary, Terre Haute in Indiana as the site of execution for both males and females sentenced to execution. The Federal Medical Center, Carswell in Texas holds the female inmates who have been sentenced to death.

Some male death row inmates are instead held at ADX Florence [32]

As of January 16th, 2020, 49 federal inmates are on death row. [33] Under the Trump administration, the BOP carried out 13 executions. [34] Public health experts called for a delay in the executions, warning that they could be "superspreader" events. By February 2021, an increase of COVID-19 cases was most likely linked to BOP executions. [35]

Overpopulation and responses

Parole was abolished for federal inmates in 1987 and inmates must serve at least 85% of their original sentence before being considered for good-behavior release.[ citation needed ] In addition, the current, extremely strict, sentencing guidelines were adopted in response to rising crime rates in the 1980s and early 1990s, especially for drug-related offenses. [36] [37] Violent crime in the U.S. has dropped since then, but some analysts and activists believe that other factors played a much more significant part in falling crime rates. In addition, they hold that strict federal sentencing guidelines have led to overcrowding and needlessly incarcerated thousands of non-violent drug offenders who would be better served by drug treatment programs. [38]

The yearly increases in the federal inmate population have raised concerns from criminal justice experts and even among DOJ officials themselves. Michael Horowitz, the DOJ Inspector General, wrote a memorandum concerning this issue:

First, despite a slight decrease in the total number of federal inmates in fiscal year (FY) 2014, the Department projects that the costs of the federal prison system will continue to increase in the years ahead, consuming a large share of the Department’s budget. Second, federal prisons remain significantly overcrowded and therefore face a number of important safety and security issues. [39]

COVID-19 pandemic

By July 30, 2020, there were 2,910 federal inmates and 500 BOP staff who had confirmed positive test results for COVID-19 during the nationwide COVID-19 pandemic. 7312 inmates and 683 staff have recovered. There have been 99 federal inmate deaths and two BOP staff member deaths attributed to COVID-19. [40]

The BOP conducted executions during the pandemic that reportedly did not adhere to physical distancing rules, leading to criticism that the BOP was facilitating "superspreader" events. Staff reportedly refused to wear face masks, a violation of court orders, and knowingly withheld information about confirmed COVID-19 diagnoses from people who had interacted with infected individuals along with hindering contact tracing efforts and allowing staff members who had been exposed to COVID-19 to refuse testing and work. Public health experts called for a delay in executions, as they could not be carried out safely without risking the spread of COVID-19. [35]

See also

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References

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  2. "FY 2021 Budget Summary". U.S. Justice Department.
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  40. "BOP: COVID-19 Update". bop.gov. Federal Bureau of Prisons. May 1, 2020. Archived from the original on April 29, 2020. Retrieved May 2, 2020. The BOP has 128,696 federal inmates in BOP-managed institutions and 13,757 in community-based facilities. The BOP staff complement is approximately 36,000. As of 07/30/2020, there are 2910 federal inmates and 500 BOP staff who have confirmed positive test results for COVID-19 nationwide. Currently, 7312 inmates and 683 staff have recovered. There have been 99 federal inmate deaths and 1 BOP staff member deaths attributed to COVID-19 disease.

Further reading