Lack of Staffing, Crumbling Infrastructure, and Presence of Contraband Plaguing Bureau of Prisons

Following a series of unannounced inspections by the Office of Inspector General (“OIG”) of Bureau of Prisons (“BOP”) facilities, the OIG recently released a publicly available report that details what it saw as some of the more serious issues facing the federal prison system, including staffing shortages, prisons in need of massive investment in their infrastructure, and the continued presence of contraband in the BOP. Longtime legal observers would not be shocked by these issues, as they have been systemic and the OIG has detailed many of these issues in over 100 reports over the last 20 years. BOP Director Colette Peters met with reporters to discuss the OIG report and outlined what improvements they have made in recent years to address many of these concerns. Peters acknowledged the lack of new staff saying, “You know, two and a half years ago, you saw the headlines. We were spiraling out of control. We couldn’t hire.” Since then, the BOP has implemented a string of incentive programs, including $10,000 bonuses for new hires, that have seen an uptick in staffing rates. Peters also mentioned increased funding from Congress has allowed the BOP to tackle some of its infrastructure needs, but that these problems will take more time and money to successfully repair/maintain/upgrade the 122 institutions that sit on 46,000 acres with individual 3,600 buildings across the BOP. Peters also points to the creation of an action committee and empowering local leaders in the BOP to tackle the most pressing needs, such as facilities like MDC Brooklyn (which currently houses P. Diddy) which have received widespread attention and criticism for these exact issues.

BOP Halfway House System Impacted by First Step Act

After it was signed into law by then-President Trump in 2018, the First Step Act allowed for some prisoners to see radical changes in their sentences, including the ability to earn credits to enable their freedom or placement in a halfway house faster through participation in programs and earning certificates. However, now that the system has been around with sufficient time for many to see large reductions in their sentences via these credits, it appears that the BOP is running out of sufficient resources to house eligible inmates in halfway houses or place them on home confinement. These programs are available with the goal of reintroducing inmates into their communities earlier, so they are set up for success when ultimately released and less likely to recidivate. The BOP reports that “as of September 23, 2024, BOP is contracted for 10,553 residential beds in halfway houses. Of those, 8,665 are filled, and 1,888 are available. For home confinement, BOP is contracted for 3,900 participants and has 4,659 participants.” Despite the seeming availability of spots in halfway houses, and the seeming overcapacity of those placed on home confinement, there are reports that inmates who would otherwise qualify for these programs are being denied this opportunity because there are no available beds available according to their case managers. The BOP seems to have acknowledged the problem, explaining that “many of the unfilled beds in a halfway house are at locations that are hard to fill or are outside of the release residence area of individuals requesting community confinement placement.” This has implications for taxpayers as well because once an inmate is placed into a halfway house, the BOP is no longer responsible for the costs associated with their care, which could help alleviate some of the BOP’s budgetary concerns. No matter who would benefit from an expanded halfway house/home detention program, the taxpayer or the inmate population, it is clear from these reports that inmates are being housed in prisons longer than Congress intended when it passed the First Step Act reforming how the BOP operates. If you believe that you or a loved one are not being given appropriate time of First Step Act credits or placement in a halfway house and/or home confinement, contact an attorney to discuss your options.