With all the BOP press releases on and talk about transparency, there are so many ways in which the agency hasn’t stepped up to the plate. The agency continues to govern by internal memoranda and word of mouth, rather than by public policy updates. And that leads to exploitation and inconsistency across prisons – further harming the agency’s reputation.
PERA considers transparency one of the low-hanging wins that could be easily achieved; yet to date, it appears to be getting only superficial lip service.
Secretive changes
A recent example is the downgrading of medical care levels. That could very likely mean people with acute or chronic illness will be housed in prisons with less of an ability to care for them. Yet the directive and the new criteria used to determine medical and psychological classifications have not been communicated to the public via the agency’s website, which still contains the previous clinical treatment guide from 2019, titled “Care Level Classification for Medical and Mental Health Conditions or Disabilities.”
Other documents that have historically been available also have been removed from the BOP website, such as the clinical guide for medication-assisted treatment of opioid abuse disorder. This removal appears to have occurred in conjunction with an abrupt shift away from the use of an injection to treat addiction to an oral medication that is much easier to divert. The reason: cost savings.
Also notable is the removal from the website of the BOP’s national formulary, a critical document listing which medications the agency will allow medical professionals to prescribe. Historically, the document has always been posted on the BOP website so people could prepare for treatment shifts prior to incarceration. The formulary is important for prisoner advocates as well as to inmates who want to file administrative remedies.
Recently, a team from BOP headquarters visited the Victorville complex in California and reportedly made some medium- and high-risk inmates eligible for FSA time credits. While these on-the-spot modifications have good PR value, the more systemic issue is what are the new criteria that made them possible, and why haven’t they been communicated via a public change notice to PS 5410.01 [FSA-Time Credit Procedure for Implementation of 18 USC 3632 (d)(4)] as required by the BOP policy on directives management? Internal communications are reportedly being circulated by the regional offices and rumors are running wild. This lack of transparency not only feeds rumor that raise expectations, but also is exploited by disreputable consultants that solicit business from hopeful families.
Outdated, inaccurate public policies
Another stark example of the lack of transparency is that the core document on RRC (residential reentry centers) placement, PS 7310.04 (Community Correction Center Utilization and Transfer Procedures) has not been updated since the Second Chance Act was passed by Congress in 2007. I’ve been beating a dead horse in this specific issue for many years now to no avail. Although the BOP general counsel wrote internal memoranda on implementation of the law, the agency never issued a change notice to update the policy. That’s simply not transparency.
PERA has also received complaints about FCI Beaumont in Texas, which has discontinued weekend visits – a direct violation of the CFR. When we raised the issue with the BOP’s regional support coordinators, we were informed that it was only temporary due to a staffing shortage. (No notice to that effect is posted on the prison’s website.) However, we discovered that another complex – the entire Hazelton campus in West Virginia – has permanently eliminated weekend visits.
The BOP has also removed prisoner handbooks from facility websites. Historically, handbooks were frequently outdated, but at least they were posted. Handbooks are a comprehensive guide to many facility issues that are beneficial for families and people who surrender directly to a prison.
The underlying problem
The broader, systemic issue is regarding the agency’s inability to adhere to PS 1221.66, the Directives Management Manual, which requires it to issue change notices and operations memoranda for the changes in practice that are not in accordance with current policy.
The new BOP administration is talking a good game, but the reality is lagging. Systemic change and a cultural shift can only come about by restoring agency credibility, and that starts with greater transparency.
