Physician Presentence Report Service
Dr. Marc Blatstein (Marc)
www.PPRSUS.com
DrMB@PPRSUS.com
Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
Preparation: You - Your Attorney and Your Presentence Interview
The Presentence Report (PSR), acts as your “referral” to The BOP – impacting all aspects of your life,· Release Date· Accepting Responsibility· Security Level Requirements· Medical and Mental Healthcare Needs· Psychology Programs – Limited Availability· FSA Programming, and Criminogenic Needs, Risk Assessment WORK YOU CAN DO TO HELP SHORTEN YOUR STAY: · YOUR PERSONAL NARRATIVE · ALLOCUTION · THE FINANCIAL RESPONSIBILITY PROGRAM · REENTRY/RELEASE PLAN o FIRST STEP ACT ASSESSMENT Questionso SPARC-13 o YOUR PATTERN is just a straight score SCORE, MALE – FEMALE)
What you will be doing,Getting copies of all of your medical records – everything: · Labs, · Diagnostic Tests (MRI, CT, X-Rays, PET Scans, Ultrasounds, both in paper and CD format), · Prescriptions for medications and medical devices/glasses/prosthetics, etc., · Surgery and Pathology reports plus any other specialized documentation that is required. Your medications are either on · Formulary, · Non-Formulary, or · Not available [Therapeutic Drug Substitution Program (Page 44, 5/2022)], o I suggest first getting your physician to review the BOP Formulary, and then persuade them to appear at your sentencing hearing should there be an issue with ‘continuity of care?’ Next, you’ll need copies of your · Highest education level completed, · Professional Diplomas, · Military Rank and Level at discharge (along with special training), and any · Trade or Occupational Certification(s). · Don’t forget copies of your Social Security Card, Drivers’ License, and Birth Certificate. For those, you want to email or call, or have a visit: have their names, email, addresses, and phone numbers written on the back of something from your legal case, in an envelope titled: Legal Mail to bring in with you. At the same time, you mail it to yourself 2 days before you surrender. Meanwhile, your attorney is networking to find out who your Probation Officer (PO) is, and calling them to learn,
1. A date that your required forms must be completed,
2. A list of the documents that the PO needs,
3. The date for the Presentence Interview (PSI), with
4. The PO’s final “PSR dictation date,” provides the time for your legal team to define their defense strategy,· …to consider, what was their client’s behavior, and role in the offense,· …are there any grounds for relief from the Guidelines?· …to start framing reasons as to “why,” this prison placement request is being made (e.g., medical, programming, etc.).
5. The attorney could build an introductory relationship to understand what the officer already knows, – which hopefully is not a lot!· This offers the opportunity to explain your position, as the PO was not at trial, and therefore has not yet formed an opinion.· Also, they likely have not yet spoken with the prosecutor, therefore they still may have an open mind.· If not, and the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.· Your attorney can clearly make their case and position with a personal meeting.· Meanwhile, you have begun writing your personal narrative which will undergo a dozen or so rewrites until it is distilled into its final version which you accept responsibility. It’s your story, a Unique and Honest version of the events that resulted in your arrest.· The goal is for your Personal Narrative and Reentry Plan to be included in your Presentence Report. Then be ready should the Judge wish to speak with you at the Sentencing Hearing, and answer his/her questions, from the heart – honestly – Your Allocution
6. A little extra effort goes a long way when working with the probation officer.o Consider presenting your entire view of the case, clearly in a letter to the PO, as soon as possible.o If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.o As Probation Officers are very busy, doing their best, and never have enough time, they may appreciate your efforts in easing that portion of their workload,o Remember, that a little bit of effort, is appreciated.
7. It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense, before requesting relief from the Guidelines, but again, before the dictation date.
8. At the same time, provide the court with sentences that other judges have imposed in cases like yours, highlighting the relevant case law that supports your sentencing position, making it simpler for the judge to find clearly.· Over-crowding and staff shortages, if applicable, could affect your client’s access to their Programming Needs or other BOP Services that may be required.· Another avenue: 18 U.S.C. §3553(a)(2)(D)requires a sentencing court to consider the care needed for a client’s medical condition, which may support the cost-related (home confinement) argument.o This is most apparent in cases of inmates/patients, properly diagnosed as being Long-Haulers or having Post-COVID,§ Due to this, no prison, or jail mission is prepared to provide this type of 24/7/365 care.§ The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”§ Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).
9, The sentencing memorandum,· Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.· All of this is preferably done under seal, via the Probation Office so that the information is appended to the PSR when given to the BOP.
Practice role-playing the Memorandum and Allocution with your attorney – is very helpful.
Are you a Veteran?There is a facility that caters to veterans.· FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2011.· These military veterans are housed in a special wing, and· are responsible for training service guide dogs· for other veterans with mobility impairments and/or· Post Traumatic Stress Disorders (PTSD).
Catholic University Law Review; “Dog Training Programs support inmate rehabilitation”.
Other Military prisons with service dog training programs· NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)· NW Joint Regional Correctional Facility Ft. Lewis Washington· Military Prison at Fort Leavenworth· Once their training is complete, these dogs are placed with veterans in the community who have:o PTSDo Mobility impairmentso Contribute to other military service missions.o These programs are run by K9 Companions For Independence. Your attorney has taken you this far, The Rest Is Up to You.
Your Sentencing Hearing and Presentence Interview Is Coming – and Will Change Your Life.
Now, Are You Prepared to Speak to Your Judge?
What is the ‘1’ Thing that Differentiates You from Everyone Else entering your Judge’s Courtroom?
