6 responses

  1. Greg651
    September 19, 2016

    I’d add that you can ask the trial Judge to waive the BOP’s Public Safety Factor (PSF) –making it more likely a client will get into a minimum or low security prison. This is particularly helpful when the client was convicted of a violent crime but played only a minor or non-violent role.


    • Mark W. Bennett
      September 19, 2016

      Dear Greg,
      Good point if you mean the trial judge can ask the BOP to waive the public safety requirement, but do they ever do this? My understanding is between never and almost never. Of course, the judge lacks authority to waive any BOP requirements, based on separation of powers.


  2. Greg651
    September 19, 2016

    You’re right: I should have said recommend that the PSF be waived.
    And, yes, they do. Or, at least, they did in a case I worked on. Got a client convicted of kidnapping into a camp.


  3. Mark Bennett
    September 19, 2016

    Way to go. Thanks for sharing this great outcome, Greg.


  4. Richard G. Kopf
    September 20, 2016


    It would be nice if the PSR or more likely sentencing recommendation contained an explanation of the placement possibilities for the offender. The PO could consult the BOP shortly before sentencing to get a read from the designators at the BOP.

    Thanks for this very practical and important post. Recommendations from the sentencing judge can make a real difference.

    One more thing, in some cases, I direct the PO after sentencing to directly phone the designators to stress the reasons and importance of my placement recommendation. Sometimes that helps.

    All the best.



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