One of PERA’s unique benefits in the criminal justice space is our deep familiarity with BOP policy, how the agency works and our ability to use that knowledge to resolve conflicts for family members, incarcerated people and others. It is our team of advocacy-minded BOP experts from multiple disciplines who allow us to provide guidance, reach out to the right contacts and obtain positive outcomes. Two recent victories, which may seem small to some but were significant to those involved, demonstrate how we can work with the BOP in a positive and professional manner.

Visitation denied

The first case involved an older inmate who reached out to More Than Our Crimes, which referred him to us. His wife and codefendant had been denied visiting privileges, even though she had been out of prison for several years, compliant with the conditions set and was now off paper. After reviewing their specific circumstances, we reached out to an official in the BOP central office.

Within a few days, his wife was added to his visiting list. He messaged

“Hello Jack, this is a great morning for me! Because yesterday I was getting ready to mail my BP-11 [grievance form] into the central office when my new case manager came up to me and told me that my wife was put on my visitation list. Whatever you did worked. I appreciate you and Pam Bailey [More Than Our Crimes] more than you will ever know.”

The BOP has a lot of discretion when it comes to visiting privileges; it can deny individuals, but it also can approve them. The primary considerations are institutional security and the nature of the relationship. In this case, the wife had paid her dues, and the husband had maintained a good record. Given his age and release date, it was possible the couple would never see each other again if she could not visit. If he had filed a grievance, it would have cemented an adversarial relationship. And on the prison’s part, the culture too often instills staff indifference toward the needs of their incarcerated charges. We are encouraged that the new BOP administration is listening, then acting with sound correctional judgement when contacted.

Unfair dismissal of a volunteer

The second case involved a retired BOP employee with an exemplary track record, who then volunteered in one of the prisons. However, he was later abruptly dismissed when he questioned the warden’s decision to strip search and demean inmates without justification, just to send a message. Again, we contacted the central office, and the volunteer was reinstated:

“I thank you from the bottom of my heart, If it wasn’t for you taking the time to connect the BOP with this situation, I would be forever barred from volunteering and offering training in any BOP facility.”

I believe Director William Marshal and Deputy Joshua Smith recognize that wardens are often the source of dysfunctional institutional culture. In fact, on Aug. 25, the director announced on the agency’s website that he is overhauling how wardens are selected: “Warden selections are among the most important decisions we make, and it’s time we raise the standard… Our selections will be guided by objective evaluations, not just resumes or based on a system of ‘it’s who you know.’ Applicants will be interviewed and tested on their ability to lead through crisis, inspire their teams, and drive the kind of cultural change we need across the bureau.”

The BOP used to be progressive, with the leadership consisting mostly of college-educated professionals with a correctional programs background and a treatment orientation. But during the tough-on-crime era, when the federal prison infrastructure boomed, the emphasis shifted to incapacitation and punishment, with far less accountability. This, in combination with an inability to fill leadership positions, lowered the bar for candidates and created conditions ripe for abuse. One result was a “daddy” system in which ”yes people” follow their bosses throughout the BOP and then into the private sector of the prison industrial complex. 

Wardens should no longer have carte blanche authority to deviate from policy like some unchecked king. While there are some executives who live up to the standards laid out in the regulations, it is clear currently, there are not enough of them.