How Long Do You Have to Self-Surrender to Federal Prison?

By Justin Paperny | White Collar Advice

I've started answering questions on Quora again. I used to write there frequently, had some good conversations, and then I stopped. I'm not sure why. Recently I came across a question asking how long after federal sentencing someone has before reporting to prison.

It's a question I've answered hundreds of times, including during a recent conversation with someone who was upset about the length of his sentence.

I understood why he was upset. It's difficult to find perspective when you've just been sentenced to federal prison. I encouraged him to recognize something, however, that might not seem particularly significant right now: his judge had given him 60 days to self-surrender.

Many people never get that opportunity.

How long does it take to report to federal prison after sentencing?

In my experience, most white-collar defendants who are allowed to self-surrender receive approximately 60 days between sentencing and reporting to prison. It's not a rule, and there is no guarantee.

I've known people who received six months and others who received as little as ten hour and ten days. I've also seen judges who, even in white-collar cases, have a practice of immediately remanding defendants into custody.

If you're taken into custody at sentencing, the U.S. Marshals take you from the courtroom. You may spend weeks, sometimes months, moving between detention centers before reaching the prison where you'll serve your sentence. Some people travel on Con Air, and I've heard enough accounts of that experience over the years to be thankful I avoided it.

I was sentenced to 18 months in federal prison and allowed to self-surrender. I reported directly to Taft Federal Prison Camp on April 28, 2008.

One benefit of self-surrender is that the Federal Bureau of Prisons has time to complete your designation, meaning the agency determines where you'll serve your sentence. If you qualify for a minimum-security camp or low-security prison, you may be able to report directly to that facility rather than entering the system through the Marshals.

It's worth knowing that voluntary surrender doesn't guarantee you'll report directly to a prison. If the BOP hasn't completed your designation before the surrender deadline, you may be directed to report to the Marshals instead. I've known people who received surrender dates so soon after sentencing that this became a problem.

What should your lawyer request at sentencing?

I encourage people to discuss voluntary surrender with their defense lawyer before the hearing. I would also discuss asking the judge for a specific surrender date, a recommendation for an appropriate federal prison, and any relevant treatment or program recommendations.

Some people assume that because they're convicted of a white-collar crime, self-surrender is automatic. It isn't. The judge makes that decision, subject to the applicable legal requirements, and your lawyer is the person to address it with the court.

The judge can also recommend a specific prison, although the Bureau of Prisons makes the final designation decision.

The First Step Act directs the BOP to place people as close as practicable to their primary residence, preferably within 500 driving miles. Security classification, medical needs, available beds, program requirements, and other factors can affect placement. I've known people who were designated much farther from home than they expected.

When that happens, additional advocacy may be necessary. A judge's recommendation can be helpful, but it doesn't bind the BOP.

How would I use 60 days before surrendering?

I'd handle my time before prison differently than I did in 2008.

By the time I was sentenced, I'd spent three years as a defendant, much of that time blaming everyone else for problems I created. I had ruined my career as a securities broker, embarrassed my family, damaged relationships, and created victims through my conduct.

I spent too much time thinking about what I'd lost and wishing things had turned out differently. I could have spent more time preparing for the reality that I wasn't returning to my old career after prison.

If you're allowed to self-surrender, I'd address medical and dental appointments, especially if you've been putting them off. I'd make sure any medical conditions and prescriptions are documented in the presentence report, organize financial records, deal with outstanding family obligations, and learn about the prison where I might be designated.

I'd also begin working on a release plan. Where will you live when you come home? What work might you be able to do? What financial obligations will remain? Are there relationships you've damaged that you can begin addressing?

I had to confront those questions after losing my securities career. Some of my answers took years to develop.

Of course, I'd spend time with family. I remember how difficult it was for my family to deal with what I'd done and the prospect of my going away. Looking back, I wish I'd been less consumed with myself.

Something to remember when you arrive at prison

One suggestion I give people is to be careful about complaining to others about the length of their sentence or how unfairly they believe they were treated.

You may be speaking with someone who didn't have the money to hire an experienced defense lawyer, wasn't allowed to self-surrender, and spent months moving through detention centers before arriving at prison.

I remember meeting people whose circumstances were much different from mine. Some were serving lengthy sentences, had limited family support, and had already spent considerable time in custody before arriving at the camp.

I thought about those differences during my recent conversation with the man who had received 60 days to surrender. He was upset, which I understood. I encouraged him to discuss his concerns with his lawyer and begin making arrangements for his family, his health, and his eventual return home.

And I suggested he consider what the next several weeks might have looked like had the judge ordered him taken into custody that day.

This article grew out of a question I answered on Quora. I'm answering more questions there and expanding some of them for the White Collar Advice community, since I know many readers here aren't on Quora, and some Quora readers may never visit this website.

You can also read my original answer and follow the discussion on Quora.