Ltr. from BoP Dir. Samuels to Sen. Murphy re CT's FCI-Danbury 2013
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U.S. Department of Justice Federal Bureau of Prisons Office of the Director Washington, DC 20534 September 27, 2013 The Honorable Christopher Murphy United States Senate Washington, DC 20510 Dear Senator Murphy: I am writing in response to your August 2, 2013, and August 30, 2013, letters expressing concerns regarding the planned mission change for the Federal Correctional Institution (FCI) in Danbury, Connecticut, and in response to additional concerns set forth in an August 6, 2013, email from committee staff. I appreciate your concern for the well-being of the female inmates housed at Danbury, and I assure you that the Bureau of Prisons (BOP) remains committed to keeping inmates as close to home as reasonably possible in order to assist with maintaining family ties and preparation for reentry. Before answering your specific questions, I want to provide you some background information about the BOP's inmate population and our facilities. Women have constituted a relatively small percent of the total federal inmate population, comprising approximately 6 to 7 percent of federal inmates for the past 50 years. But over time the number of women in BOP custody has increased, consistent with the overall growth of the federal inmate population. Crowding at secure female facilities is now higher than any other security level other than high security male facilities. 1 Between FY 2006 and FY 2008, appropriations bills were enacted that provided $210 million to complete construction of a secure prison in Aliceville, AL. By the time the final 1 Crowding percentages are based on the number of inmates housed in a facility above the rated capacity. For example, if a facility has a rated capacity of 1,000 and houses 1,400 inmates, then the crowding rate is 40% (400 inmates greater than rated capacity, divided by the rated capacity). Rated capacity calculations for secure female facilities assume 100 percent double bunking (for example, a secure female facility with 500 cells would have a rated capacity of 1,000). construction appropriation for the prison in Aliceville was being debated and passed in FY 2008, the Senate Appropriations Committee included report language (S. Rept. 110-124), based on discussions with BOP, that recognized the need for "additional bedspace capacity for female inmates at new facilities." At that time, the crowding rate in secure female facilities was 56 percent and some facilities were being "quadruple bunked", that is, rooms designed for two inmates were housing four inmates. Construction of a facility for women in Aliceville, AL began in September of 2008. The FY 2009 President's Budget Request named this facility "Secure Female FCI Aliceville, AL", and it has been identified as such in each President's Budget Request through FY 2013. Following submission of these budget requests, Congress appropriated partial year funding for staffing and equipping the facility (referred to as "activating") in FY 2012 (Public Law 112-55, November 18, 2011), and the remainder in FY 2013 (Public Law 113-6, March 26, 2013), for a total of about $51.5 million. FCI Aliceville's rated capacity is 1,536 inmates. It is the second LEED-certified facility in the Bureau of Prisons, consisting of all "green" materials by design and construction. FCI Aliceville formally opened and began receiving female inmates at its minimum security camp in December 2012, and at its secure facility in July 2013. FCI Aliceville is located approximately 45 miles southwest of Tuscaloosa, which has a population of approximately 92,000, is home to the University of Alabama, and has commercial bus and Amtrak service. FCI Aliceville is also close (35 miles) to the town of Columbus, Mississippi, and is 111 miles from the Birmingham airport. We have provided specific information below to address the questions posed in your letter and the supplemental questions submitted by Committee staff. We would be pleased to provide any additional information that might help assure you that our plans to proceed with activating FCI Aliceville and modify the mission of FCI Danbury are indeed in the best interest of all inmates in the BOP. 2 1. Given the unique proximity of the Danbury facility to major Northeastern cities, why was it selected to be converted into a facility for men? And what facilities in the Northeast will be available for women currently at the security level housed at Danbury? Apart from FCI Aliceville, BOP presently operates low security female inmate institutions at the following locations: Danbury, CT; Dublin, CA; Hazelton, WV; Tallahassee, FL; and Waseca, MN. Before the recent activation of FCI Aliceville, the overall crowding rate at our five existing female low security institutions was 48%. BOP low security male facilities, meanwhile, are operating at an overall crowding rate of 38%. As part of our regular evaluation of our facilities and inmate population, we have determined that with the activation of FCI Aliceville, we can convert one of the existing female low security institutions to a male facility. This conversion will allow us to realize substantial reductions in the crowding rates at low security female institutions, while also providing some relief to our overcrowded male low security institutions. To realize these reductions in male and female low security crowding, we decided to change the mission at FCI Danbury. As of July 27, 2013, FCI Danbury housed 1,337 female inmates in two facilities: 1,120 inmates in a low security facility and 217 inmates in a minimum security camp. 2 The BOP's plan to change the mission at FCI Danbury concerns only the low security facility; the minimum security camp at FCI Danbury will continue to house female inmates. We estimate that even with the change in mission at FCI Danbury's low security facility, the activation of FCI Aliceville will permit the BOP to achieve a significant reduction in the overall crowding rate at low security female facilities across our system, from the pre-FCI Aliceville rate of 48% to an estimated crowding rate of 23%. Meanwhile, by converting FCI Danbury to a male institution, we anticipate the overall crowding rate at low security male institutions will be reduced to 36%. Following receipt of your August 2, 2013, BOP temporarily suspended its plans to transfer female inmates from FCI Danbury in connection with the change of mission. However, as we separately related to Committee staff during the week of August 19, 2013, approximately 98 female inmates have been transferred from FCI Danbury during the month of August in order to move these inmates to facilities closer to their release residences or to permit their continued participation in the Residential Drug Abuse Treatment Program. For purposes of answering the questions in your letter, we are using the inmate population as it existed before these moves took place. 3 Our justifications for converting the low-security facility at FCI Danbury to a male institution, as opposed to converting one of the other low-security female institutions, are two-fold. First, as of July 27, 2013, there were 7,421 male inmates housed in low security facilities throughout the BOP who would be closer to their release residences if they were transferred from their current institution to FCI Danbury. While FCI Danbury does not have the capacity to house all 7,421 of these male inmates, the conversion of FCI Danbury will allow hundreds of low security male inmates to move closer to their homes in the Northeast. Second, while we anticipate that the mission change at FCI Danbury will result in some female inmates being moved farther from their release residences, we anticipate that the mission change on balance will result in the transfer of a much greater number of women closer to their release residences. As explained above, as of July 27, 2013, there were 1,120 women at FCI Danbury's low security facility. Of these women, 673 are United States citizens. BOP is reviewing each of these inmates, on a case-by-case basis, to determine the best possible transfer location. Consistent with BOP policies and practices, BOP is considering each inmate's eventual release residence as well as individual security, medical, and programmatic needs. The release residence will be a significant consideration in determining the transfer location. While reviews of these 673 inmates are ongoing, we have identified a total of 391 women who are from Northeast or MidAtlantic states, including the District of Columbia. Of these, 43 will be released prior to January 1, 2014; these female inmates will not be transferred. Each of the remaining 348 inmates from Northeast or Mid-Atlantic states, including the District of Columbia, will be reviewed to determine if they qualify for a reduction in their security level, and, if so, they will be evaluated for placement at the FCI Danbury prison camp to the extent there is capacity there. Those who are not placed at the FCI Danbury camp will be transferred from FCI Danbury either to the Secure Female Facility (SFF) Hazelton, West Virginia, located in the Northeastern panhandle of West Virginia near the Maryland and Pennsylvania borders, or to the Federal Detention Center (FDC) in Philadelphia, Pennsylvania. We estimate that these transfers will result in placements of approximately 243 of the 348 female inmates at facilities that are closer to their residences than FCI Danbury. 4 Similarly, the 282 female inmates from areas outside of the Northeast and Mid-Atlantic Regions will be transferred closer to home as well. These inmates will be transferred to the Federal Medical Center Carswell, TX; FCI Waseca, MN; FCI Tallahassee, FL; FCI Aliceville, AL; or FCI Dublin, CA; as appropriate. BOP records reflect that 447 female inmates at FCI Danbury are not United States citizens. Consistent with BOP practice for housing inmates who are not United States citizens, BOP will determine a transfer location for these women based on factors other than their identified address, including factors such as: security needs, medical needs, and crowding considerations. Additional information about these 447 inmates is set forth below in response to question number 10. 2. What are the home residences for the women currently housed at Danbury, broken down by city and state? Although we do not have city information readily available, below please find a listing of the states of residence for the women in the low security facility at FCI Danbury as of July 27, 2013. The first listings below include all inmates regardless of their citizenship, but 305 of the 447 female inmates who are not United States citizens are not included because BOP's records do not contain a known United States address for these 305 women. Following the first listings, we have included a separate listing that shows country of origin for the 305 women for whom we lack an identified address in the United States. 5 Table of States of Residence for the 815 Inmates at DAN with Identified Address in the US Excluding Camp Inmates as of July 27, 2013 Sorted by Frequency Sorted Alphabetically by State Abbr. State of Residence NY TX VA PA DC CA FL MD NC IL OH wv NJ Puerto Rico AZ TN MA CT ME Ml lA GA NH MN IN VT sc MO KS AR WI co LA OK AL NE NO MS so OR HI KY NM WY Rl DE iD Virgin Islands AK Northern Marianna Islands NV Number of Female Inmates State of Residence 92 73 53 51 47 45 44 37 30 29 24 21 20 17 17 16 14 13 13 13 11 11 AK AL AR AZ CA co CT DC DE FL GA HI lA ID IL IN KS KY LA MA MD ME Ml MN MO MS NC NO NE NH NJ NM NV NY Northern Marianna Islands OH OK OR PA Puerto Rico Rl 8 8 8 7 7 7 7 6 6 5 5 5 5 4 4 4 4 4 3 3 3 2 2 2 1 sc so TN TX VA VT Virgin Islands WI wv WY 6 Number of Female Inmates 5 6 17 45 5 13 47 2 44 11 3 11 1 29 8 7 3 5 14 37 13 13 8 7 4 30 4 4 8 20 3 1 92 1 24 5 4 51 17 2 7 4 16 73 53 7 1 6 21 2 Below please find the countries of origin for the 305 female inmates at the low security facility at FCI Danbury who are not United States citizens and who do not have an identified address in the U.S.: 3. What percentage of the female inmates at Danbury have children under the age of 18? Of the 1,120 female inmates at the low security facility at FCI Danbury on July 27, 2013, there are 665 (59%) with a child under the age of 21. BOP does not maintain more specific information regarding the ages of inmate's children. 7 4. Why was the Danbury facility selected to be converted into a facility for men, given that Aliceville was explained as needed to respond to overcrowding of women's prisons? Please see our answer to question #1, above. 5. How much will it cost to "convert" Danbury to a men's facility? What different kinds of programs, activities, and facilities will be provided? What will happen to the current equipment or other items used by women? The BOP does not have to remodel, construct, or make significant changes to FCI Danbury to accommodate male inmates. There will be costs of approximately $260,000, to cover inmate clothing suitable for male inmates and other general inmate care items. Female-specific clothing and serviceable supplies from FCI Danbury will be distributed to our female facilities, including FCI Aliceville, thereby reducing expenditures for the facilities receiving the female inmates. FCI Danbury will offer all of the education and reentry programs that are typically provided in male low-security institutions across the country, including Residential Drug Abuse Treatment. 6. Since some Bureau policies suggest that family visits are one factor included when inmates are considered for transfer to less secure facilities, what role will visitation history play in the transfer of inmates from Danbury to Aliceville? Pursuant to BOP policy, family visits are a factor in reviewing inmates' custody scores, which impact their overall security level and the range of institutions where they can be housed. This information is included when inmates are considered for a transfer to a less secure facility, and will be taken into consideration when reviewing Danbury inmates for possible transfer to the minimum security camp. 7. Given the 1997 Program Statement on meeting the needs of women prisoners, and the June 19, 2013 memo committing resources and support to parenting and to "helping you prepare to reenter society", what steps is the Bureau taking to ensure women inmates transferred from Danbury to Aliceville continue to have contact with their families and are prepared for reentry, including the following: • Cost of communication (e.g., phone calls, packages)? • Cost of transportation to Aliceville? 8 • • • • Access to lawyers from their home districts to support keeping custody of children, dealing with immigration issues, or questions on convictions and sentencing? Access to education and reentry programs? Access to work opportunities? Access to residential drug and alcohol treatment programs similar to the ones currently offered at Danbury? As described above, the BOP presently is reviewing 673 female inmates at the low-security facility at FCI Danbury, on a case-by-case basis, to determine the best possible transfer location, mindful of the importance of fostering a successful reentry while also attending to security, medical and programmatic needs. Female inmates from FCI Danbury or other BOP facilities who are transferred to FCI Aliceville will be provided a broad variety of programs in the areas of education, drug and alcohol treatment, job training and work skills development. Some examples are listed below: • • • • • • Adult Continuing Education: GED, English as a Second Language, accounting, business ownership, publishing, and business courses. Vocational Trade: commercial driver's license (CDL) and HVAC/refrigeration. Apprenticeship: cosmetology, horticulture, barber styling, and culinary arts. Psychology, Drug, and Alcohol Treatment: Alcoholics Anonymous, drug education, non-residential drug abuse treatment program, and Resolve program (for abuse and traumatic experiences). Employment Skills and Work Opportunities: auto garage, general maintenance, HVAC, painting, welding, carpentry, electrical training, plumbing, landscaping, and food services. Federal Prison Industries In addition, the FCI Danbury mission change will not impact participation in the Residential Drug Abuse Treatment Program (RDAP). Inmates currently participating in the FCI Danbury RDAP will be transferred to other RDAPs to ensure program continuity so that participants receive the maximum benefits of the program. We will attempt to place all of the RDAP inmates at facilities as close to their residences as possible. 9 8. What will be the total cost of transferring female inmates to Aliceville from Danbury and moving male inmates into Danbury? As described above, the activation of FCI Aliceville and the conversion of FCI Danbury will involve transferring inmates to many different institutions in order to house inmates as close to home as reasonably possible. The exact movement plans have not yet been formulated for each individual inmate. Based on the average cost of an inmate transfer, we currently estimate the transfers will cost approximately $847,000. 9. What information did you provide to Congress and when regarding this transfer project? On July 2, 2013, the Bureau made telephonic contact with the following offices to inform them of the Danbury mission change: • • • • • • Personal offices of the Connecticut delegation: Senators Blumenthal and Murphy, and Representative Esty. Personal office of Delegate Holmes-Norton. Senate Judiciary Crime Subcommittee majority and minority offices. House Judiciary Crime Subcommittee majority and minority offices. Senate Appropriations Commerce, Justice, Science Subcommittee majority and minority offices. House Appropriations Commerce, Justice, Science Subcommittee majority and minority offices. Staff members in the offices of Senator Murphy and Delegate Holmes-Norton were available to take our call and we responded to specific questions regarding the mission change. The remaining staff members were not available to take our call, and detailed voicemails and contact information were left as follows: "I wanted to alert you that the Bureau of Prisons female facility in Danbury, CT will be undergoing a mission change. Due to additional female capacity added at our FCI Aliceville, AL site, beginning in August 2013, the Bureau will begin moving female inmates out of the Danbury facility. Movement to other facilities will be determined on a case by case basis. The movement should be complete by the end of the year, after which we will convert FCI Danbury to a low security male facility. Please let me know if you have any 10 questions regarding the mission change and I will be happy to assist you." The House and Senate Judiciary Crime Subcommittee staff received the information above as both a voicemail and an email. In addition to the questions above included in your August 2, 2013 letter, the questions below were submitted in a follow-up email received on August 6, 2013: 10. For the 41% of the Danbury population that is comprised of "non-citizens", what is their U.S. home residence, or if that infor.mation is unavailable, in what jurisdictions were they sentenced? Many of them may well have family that live in the United States despite the fact that they are not U.S. citizens. As stated above, there are 447 female inmates at FCI Danbury as of July 27, 2013 who are not United States citizens. Of these 447 inmates, 142 have an identified address in the United States. Information pertaining to these 142 inmates is provided below: State of Residence Number of Inmates NY 32 TX 27 FL 16 15 CA VA 7 NJ 6 PA 6 AZ 5 IL 5 3 GA KS 3 3 MA 3 MD 3 NC 1 AR co 1 1 DC 1 NM 1 OH 1 OR 1 Puerto Rico 1 sc 11 For the 305 female inmates who are not United States citizens and who do not have an identified address in the United States, the court of jurisdiction is listed below. Court of Jurisdiction Number of Inmates TX S 47 CAS 29 TX W 20 NY S 18 AZ 17 FL s 17 CAC 9 FL M 8 TX N 8 GAN 7 NJ 7 VA E 7 NM 6 6 6 NY E PA E MA 5 5 MOW IN s 4 4 4 4 4 4 3 3 3 3 3 2 2 2 2 2 2 2 2 2 1 1 1 MD MI E NY w OH S TX E CT IL N NC W NE Puerto Rico DC ME NC E NV NY N OH N TNE TNM VA W AL M ALN ARE 12 Court of Jurisdiction Number of Inmates CAE 1 CAN 1 DC Superior 1 FLN 1 HI 1 IA N 1 IA S 1 ID 1 IL C 1 IN N 1 KY E 1 KY W 1 MN MT 1 1 1 1 1 1 1 1 1 1 1 NC M NH PAM sc UT Virgin Islands WA W WV N WY 11. How many inmates will be transferred out of the Hazelton, West Virginia facility (and where are they from and where are they going) to make room for the Danbury inmates from the MidAtlantic region? What are the other facilities that are available in the Mid-Atlantic region? We estimate that approximately 200 inmates at Hazelton can be moved to another facility without being transferred further from home, thereby freeing up beds for inmates from the northeast. At this point, we do not have the details of each specific case but can provide that at a later date. * * * * * * We anticipate lifting the suspension and resuming the transfers of female inmates from FCI Danbury on October 7, 2013. In the past, FCI Danbury staff have held informational sessions with inmates on these matters, and staff will do so again in the future when the suspension on transfers is lifted. 13 Thank you for your support of the Bureau. I trust this response has addressed your concerns and I look forward to continued collaboration on these important criminal justice issues. Please do not hesitate to contact me if I can be of assistance on this or any other matter. Sincerely, 14