Among the primary channels for independent oversight of the federal Bureau of Prisons are the House and Senate Judiciary and Appropriations committees. And yet the hearings held by these bodies are too often “dog-and-pony shows”—featuring questions that often miss the issues that most need examination, followed by BOP responses that omit or obscure the full truth. What’s needed is for committee staffers to consult in advance with an organization like PERA, which can identify issues that need exposure, as well as how to word the questions, then provide real-time analysis of BOP responses and suggested follow-up questions.

A case in point is the recent BOP oversight hearing held by the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies. Here are our thoughts on questions that missed the mark or weren’t asked, along with responses that hid more than they revealed:

Plans for a new prison

Republican Chair Hal Rogers from Kentucky predictably promoted the planned construction of a new federal prison in his state’s Letcher County. Given that so much of the rest of the hearing focused on the BOP’s struggle to recruit and retain staff (Deputy Director Kathleen Toomey cited more than 4,000 vacant positions across all its facilities) and maintain its buildings (there’s a $3 billion modernization and repair backlog!), it’s hard to understand how he can justify another prison. (Toomey: “Currently, more than 4,000 beds are unusable due to dangerous conditions like leaking or failing roofs, mold, asbestos or lead. That’s the equivalent of two to three entire prisons.”)

To justify a new prison, Rogers cited “a rise in inmate numbers” that “demands a careful assessment of whether the BOP has the infrastructure…to manage this growth while maintaining safety and rehabilitation.” What he does not know or did not divulge is that the agency is incarcerating 64,000 fewer people today than in 2013 (155,000 vs. 219,000). 

Likewise, the Letcher County location is like most other federal institutions – in the middle of nowhere and thus don’t facilitate family visitation and do not attract qualified workers. 

The BOP’s staffing shortage

In her opening comments, Toomey elaborated on the large number of vacancies the BOP has yet to fill, saying that salary incentives have been most effective – totaling $229 million in fiscal year 2024. However, due to current push to cut costs, she acknowledged that this tactic is not sustainable. What is needed, yet no one asked about, is a deeper analysis of non-pay dynamics that affect job satisfaction. Likewise, an expanded, creative use of university interns would be an option; and once in the door, many stay.

When it comes to cost cutting, the BOP should be pushed for details and challenged on its choices. For example, Toomey reported that the BOP has reduced its operating budgets across the board by 20% and paused employee training. But instead of the DOGE-style “chainsaw” approach, the BOP should first look at its top-heavy bureaucracy. 

While there is indeed a critical shortage of correctional officers and medical professionals, overall, the BOP is actually up in staff since 2005: The bureau employed 32,735 staff in 2005. In contrast, as of May 30, 2024, the BOP reported 35,827 employees and 3,827 vacant positions. That’s 3,000+ more staff than in 2005. What should be cut, as we said in a recent blog post, is headquarters staff (with 10 divisions) and the six regional offices. 

Another possible cost-saving solution is a shift away from designating most BOP staff members as law enforcement personnel. This would have two beneficial effects: It would save money by altering the benefit structure, including pensions and retirement age, as well as curb the practice of “augmentation,” in which even these professionals are expected to be correctional officers when there is a shortage. Requiring someone who wants to be and is trained as a teacher, social worker or case manager to search cells, etc. is antithetical to a mission of rehabilitation.

What should not be cut are items like the injections that had been used as the primary therapeutic intervention in the BOP’s medication-assisted treatment program for drug addiction. The injections of naltrexone or buprenorphine had long been preferred over oral treatments in the prison setting due to the greatly reduced risk of diversion. However, a switch to oral strips was recently mandated to cut costs. Toomey obliquely referred to this cut in her testimony, yet none of the congressmembers present questioned it.

And then there are some short-term additional expenses that would both alleviate shortages and improve some longstanding deficiencies in the care of adults in custody. For example, it would be worth the minimal extra cost to equip inmates’ currently “dumb” tablets with the functionality needed for video visits and interactive educational programs. Since the shortage of COs have led to an unacceptable frequency of lockdowns, allowing video visits with family, email from inside cells and online educational programming would mitigate some of the negative consequences. In addition, fewer educational staff would be needed. Instead, as of today, the tablets offer only pay-per-view mindless entertainment.

Another example is the scheduling of medical exams and procedures that must be performed by outside specialists. One of the most common complaints we hear from both AICs and family members is tests and procedures that take months to happen. Toomey noted that a portion of the significant overtime paid to COs is caused by the need for officers (often three at a time) to take inmates to the outside hospitals, etc. When those personnel are not available, the trips simply do not take place – leading to cases like one individual we know of who didn’t get a prostate biopsy for nine months after his PSA levels signaled trouble. But there is another solution that could save money in the long run:  more mobile units that offer more services, bringing outside medical care directly to the prison. (During its inspection of FMC Devens – a hospital facility! – earlier this year, the OIG found that exams were on average 53 days overdue, due in part to a lack of COs to escort inmates to scheduled appointments.)

First Step Act implementation

When questioned about the BOP’s notoriously troubled First Step Act (FSA) implementation, Toomey touted the “good news” that “last year, we created some dedicated positions, and we were able to almost double that number from about 350 to about 700.” 

The committee members allowed her statement to stand, so we must assume that they aren’t hearing from many inmates like we do, describing the long waiting lists and “ghost” programs (existing only on paper). For example, this was a prominent issue at FCI Dublin, closed after it became known as the “rape club.” It’s a chronic problem within the BOP; when the Second Chance Act was passed in 2007, the required reentry affairs positions were filled by simply renaming existing jobs. 

Assertions that can’t be challenged

And then there are statements like Rep. John Carter’s (“There’s been a notable rise in violent instances within federal facilities, particularly against correctional officers”) that Toomey let stand and cannot be challenged because the BOP still has not republished hundreds of policies and forms, saying “this content is temporarily unavailable as we implement the executive order on ‘Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.’” Other pages have “dead links,” like this one that offers data on assaults in prison, both by AICs and staff. 

As the old saying goes, “democracy dies in the darkness.”

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