Why You Should Ask for a Specific Prison at Sentencing

If you're facing sentencing, ask for a specific prison. Michael Santos and Justin Paperny explain why on their weekly webinar, using a recent case: someone in California facing more than four years who wants the Residential Drug Abuse Program.

Why should you ask for a specific prison at sentencing?

Justin raised a case where a lawyer was seeking guidance for a client facing sentencing. "It's important to understand that Lompoc, the camp, doesn't currently offer the drug program," Justin said. "You want to be very specific in your requests. Ultimately, it's up to the Bureau of Prisons, but I think you're stronger if you have on the record a specific recommendation for a specific prison."

In this case, it wouldn't be Lompoc, because Lompoc doesn't offer the drug program.

How does the Residential Drug Abuse Program affect your prison request?

You cannot get the Residential Drug Abuse Program unless your sentence is 24 months or more. Presuming that threshold is met, Justin explained that based on where this particular defendant lives, the right facility would be Yankton Federal Prison Camp, which offers the drug program.

How long should you ask for before self-surrender?

"You also want a specific self-surrender date," Justin said. "You want to try to ask for at least 30 days, because it could take that long for your designation to come in from the Federal Bureau of Prisons."

How does advocacy work inside the Bureau of Prisons?

Someone in the community asked Michael directly: how does speaking at a warden's conference in D.C., or visiting 80 prisons over the last couple of years, help someone who's facing sentencing and going to prison?

Michael's answer started with what he can't do. "It's important to recognize that nobody can change the past," he said. "I'm very sorry that person is going to prison, and I understand that person lacks a full understanding of all the complexities in place."

He explained the distinction that shapes his advocacy work: "There's a difference between laws and policies. Laws require Congress to authorize and require the president to sign. Policies can be done through the Code of Federal Regulations and the Bureau of Prisons." The directors of the Bureau of Prisons, he said, have an enormous amount of discretion.

"You're still trying to move a very big ship with 40,000 employees that for multiple decades has been conditioned to say no," Michael said. But he sees the current leadership as receptive to change. At the wardens conference, only four formerly incarcerated people were present. "The fact that they were willing to listen to people who had served multiple decades in prison... gives us a voice."

People going into the system right now, Michael said, qualify for First Step Act credits, which can result in serving less time in prison, though some offenses do not qualify. His work is to try to push for more opportunities for people to earn freedom. "Make the Bureau of Prisons more like America," he said. "The harder you work, the more you qualify for a higher level of liberty."

He closed the point directly: "You have a duty. You have a responsibility. You want to see change. Be the change that you want to see. It's not for one person. It's for 100,000 people in the system."

What do you do when a case manager dismisses the work you've built?

A member of the community wrote in with a specific situation: "My case manager has my Prison Professors profile, my letters, everything I've built over the last eight months. Last week, she barely looked up from her desk. What do I do when a person who has a role in my liberty discounts my work? She doesn't seem to care. It's incredibly deflating."

Michael didn't soften the answer. "It's very difficult, and I can certainly empathize with that, but that's part of the journey," he said. "There are going to be setbacks. There are going to be some people who don't care. The job is to work harder. The job is to not give up."

He was direct about what the system owes you: "Nobody's coming to save you. The system is not designed to say, 'Hey, I'm going to make your life better. Wow, that's amazing. You wrote a book. Congratulations.'" Your job, he said, is to figure out how to influence very cynical people to give you the result you want. "It's not always going to be fair."

Michael described the consequence of a federal conviction in blunt terms: "When you come into the system, you've got federal herpes. It's a gift that keeps on giving, and your job is to overcome it. There will be collateral consequences."

His advice for the specific case: build a coalition of support. "The profile you spoke about is a resource that you could build to create your coalition of support," he said. "I can't give you a magic key. I wish I could. The reality is it's very hard, and you've got to work hard."

Frequently Asked Questions

Why should I ask for a specific prison at sentencing? 

Being specific about a prison request, rather than leaving it to the Bureau of Prisons alone, strengthens your position on the record, especially for programs like RDAP that aren't offered at every facility.

What is the minimum sentence length to qualify for the Residential Drug Abuse Program? 

A sentence of 24 months or more.

How long should I ask for before self-surrender? 

At least 30 days, since designation from the Federal Bureau of Prisons can take that long.

What should I do if my case manager dismisses the work I've built? 

Expect setbacks and keep working. Build a coalition of support rather than relying on one person to recognize your effort.

Does documenting my progress guarantee a better outcome with the Bureau of Prisons? 

No. Michael Santos is direct that there's no magic key, only sustained work and advocacy.