Before, During, and After a Sentencing Hearing | Chapter 9

Summary of the Sentencing Hearing Process

This chapter explains what happens before, during, and after a sentencing hearing, including how judges evaluate arguments from both sides, how defendants can use allocution effectively, and what factors influence placement in the Bureau of Prisons. It outlines financial obligations, voluntary surrender, and the importance of a clear strategy for requesting prison placement. The chapter also details how the BOP assigns security levels, how classification scoring works, and how Management Variables and Public Safety Factors can override scores. The goal is to help defendants understand what to expect and prepare for decisions that follow the judge’s final ruling.

What Happens After Pleading Guilty?

After a person pleads guilty, or after a jury returns a guilty verdict, the court schedules a sentencing hearing. That date may be pushed back if the person is cooperating with authorities. In some cases, sentencing happens years after the plea, but most people appear for sentencing within a few months.

To prepare, defense counsel submits a sentencing memorandum. That filing outlines the defendant’s background, relevant legal arguments, and reasons the attorney believes the court should consider a lower sentence. The prosecutor submits a memorandum as well—usually advocating for a harsher outcome.

Earlier chapters explained why a person benefits from a deliberate sentence-mitigation strategy. Our team recommends three components:

1. A first-person sentencing narrative;
   
2. A coordinated character-letter effort;
   
3. A sentencing video when resources allow.
   

Preparing these assets helps the judge understand what happened and how the person views the conduct. Alongside these efforts, the defendant should consider speaking during sentencing, presuming it is the right message. Every defendant has an opportunity to speak during the allocution phase, though not everyone uses it.

Some defense attorneys discourage allocution because they worry an emotional statement might blame of excuse. A prepared defendant, however, can strengthen the case for leniency by showing speaking openly and honestly (read your new book to learn more).

Judges have told our team they want to understand the individual before them. Too often, defendants waste the moment by speaking in generalities—how they will miss their families or how they attend religious services. Those comments rarely influence a judge. What matters is whether the defendant recognizes the seriousness of the offense and its effect on others. A defendant who has done the work to understand those issues is in a better position to make an effective allocution. Earlier chapters and our weekly webinars offer detailed guidance on preparing for the sentencing hearing.

What Occurs During the Sentencing Hearing?

At the sentencing hearing, the defense attorney, prosecutor, and sometimes the probation officer address the court about issues raised in the Presentence Investigation Report. Prosecutors may invite victims to speak. Defendants may present character witnesses as well.

The prosecutor may request a specific sentence, and defense counsel will argue for something less. If the defendant chooses to speak, that usually happens after all attorneys and witnesses have been heard. (This can vary).

We believe expressing genuine remorse and taking responsibility (if you pled guilty) is a better approach than standing silent. Judges are not easily persuaded by nonsense and vague promises. They respond to sincerity, authenticity. Being direct and honest improves the chances of receiving mercy.

What Happens Immediately After Sentencing?

Once the court announces the sentence, the defendant may raise additional matters. For people sentenced to federal prison, these issues typically include:

1. Payment schedules for fines or restitution;
   
2. A judicial recommendation for a particular facility;
   
3. For sentences under 10 years, a request for voluntary surrender.
   

Payment Schedules and the Financial Responsibility Program (FRP)

When a judge orders financial penalties, the Bureau of Prisons (BOP) will attempt to collect through the Financial Responsibility Program. FRP participation is technically voluntary, but refusal leads to restrictions, such as reduced commissary spending, limited phone access, and limits on visits.

To participate, the person must keep sufficient funds in the commissary account. Payments are automatically deducted. Failure to maintain funds results in sanctions.

The BOP calculates payments based on deposits into the commissary account over a six-month period. To avoid problems, some defendants ask the judge to postpone payments until release, or request the judge to set a fixed payment amount. Without those measures, prison officials may impose payments that cause unnecessary hardship.

Minimum FRP payments start at $25 per quarter, but some people end up paying more than $1,000 per month depending on deposits to their accounts. High payments can strain the individual and family.

Requesting a Specific Prison

During sentencing, defendants may request a recommendation to a particular institution. Later chapters discuss security levels in more detail. Someone serving more than 10 years, or someone with certain case-related factors, may be designated to a low-security facility or higher. Understanding the designation process is essential before asking the judge for a specific placement.

Some judges will recommend an institution, but in the federal system, they sentence individuals “to the custody of the Attorney General.” The Bureau of Prisons, part of the executive branch, makes the final placement decision. The BOP is not required to follow judicial recommendations.

Because of this, defendants should understand how designations work and work with counsel on strategy. Clear, documented reasons improve the likelihood of placement at the desired institution.

Andrew’s experience illustrates this point. He received a 15-month sentence. His attorney asked the judge to recommend the Lompoc Federal Prison Camp. The judge agreed. When the designation arrived, the BOP assigned Andrew to a federal detention center instead. His attorney failed to ask the judge to document the specific reasons for the recommendation. Without those reasons, the BOP gave the request little weight.

Knowledge of the designation process increases the chances of reaching the most appropriate facility.

Prison Security Levels

Federal prisons fall into five categories: minimum, low, medium, high, and administrative.

Administrative facilities can house individuals of any security level. They resemble large county jails with strict movement controls. They are used for:

1. Housing defendants near courts for hearings;
   
2. Moving people in transit;
   
3. Treating medical needs that require specialized attention;
   
4. Housing people requiring high-security measures;
   
5. Protecting individuals at risk in general population.
   

Most people serve their time in minimum, low, medium, or high security facilities. Administrative facilities typically house people only for specific, temporary reasons.

Seven factors determine an institution’s security level:

1. Use of mobile patrols;
   
2. Gun towers;
   
3. Perimeter barriers;
   
4. Detection devices;
   
5. Internal security features;
   
6. Housing configurations;
   
7. Staff-to-inmate ratios.
   

Stricter security levels require more controls. The most secure federal facility is the ADX in Florence, Colorado. United States Penitentiaries (USPs) are high-security institutions with higher levels of violence. Medium-security Federal Correctional Institutions (FCIs) hold people with up to 30 years remaining. Low-security FCIs are more open than mediums or USPs.

Federal Prison Camps (FPCs) and Satellite Camps (SCPs) house people with the lowest security needs. Violence in camps is rare because disciplinary infractions can lead to transfers to higher-security facilities.

Custody, Classification, and Scoring

After sentencing, the U.S. Marshals send the judgment and Presentence Investigation Report to the BOP’s Designation Center in Grand Prairie, Texas. State systems operate similarly.

Officials who will never meet the person determine where he will serve his sentence. For this reason, sentencing recommendations must be specific. Defense counsel should give the judge clear reasons for recommending a particular institution—matching those reasons with programs or needs at that location.

The BOP’s Custody and Classification Manual, available at BOP.gov under Program Statement 5100.07, describes how placements are determined. Anyone entering federal custody should review it.

A person’s security score can change based on conduct while incarcerated.

The BOP uses two scoring systems:

Base Score

Ranges from 0 to 7 points and reflects factors such as:

• Detainers;
  
• Severity of the offense;
  
• Prior commitments;
  
• Escape history;
  
• Violence history;
  
• Whether the person self-surrendered.
  

Lower scores are better.

Custody Score

Ranges from 10 to 30 points and evaluates:

• Percentage of time served;
  
• History of substance abuse;
  
• Mental stability;
  
• Disciplinary record;
  
• Frequency of infractions;
  
• Responsibility level;
  
• Family ties.
  

Higher scores are better.

The two scores are combined to determine security level:

• 0–5 (male): camp
  
• 6–8: low
  
• 9–14: medium
  
• 15+: high
  

For women, the ranges differ:

• 0–10: minimum
  
• 11–21: low
  
• 22+: high
  

Management Variables and Public Safety Factors

The BOP may override a classification score using Management Variables or Public Safety Factors.

Management Variables allow exceptions based on:

1. Judicial recommendations;
   
2. Release planning;
   
3. Population balancing;
   
4. Central Inmate Monitoring;
   
5. Medical or psychiatric needs;
   
6. Program availability;
   
7. Work assignments;
   
8. Mariel Cuban designation;
   
9. Higher security needs;
   
10. Lower security needs.
    

Public Safety Factors account for concerns such as:

1. Disruptive groups;
   
2. Serious offenses;
   
3. Sex-offense history;
   
4. Threats to officials;
   
5. Deportable status;
   
6. Long sentences;
   
7. Escape history;
   
8. Prior disturbances.
   

After considering all factors, the BOP assigns the person to a facility. The stated policy is to place people in the lowest appropriate security level within 500 miles of their release residence. It doesn’t always turn out that way, which is exactly why people must understand how the system actually works. The more informed someone is, the better prepared they are for what comes next.

If you want help understanding what to expect at your sentencing hearing or how to prepare more effectively, you can join our weekly webinar or schedule a short call to ask questions.

Thank You,

Justin Paperny, Author of Lessons From Prison and Ethics in Motion.