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  #1  
Old 11-16-2019, 04:26 PM
WCU95 WCU95 is offline
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Default Question about release

If my wife chooses to not go to HWH and stays until her February release. How long will the PO give her to get home? How quick after release does she have to appear before PO? Guessing it's a formula. How many people skip HWH? She's down to less than 90 days until release. We're starting to think about her just staying until February because she won't get much furlough time. Am I wrong in my thinking
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Old 11-16-2019, 05:39 PM
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If she declines half way house placement, she will be released from her prison on her end of sentence date, with a ticket (probably by bus) to the city where she sill begin her supervised release sentence. If you want to drive her there, it has to be pre-authorized by her unit team case manager. With either means of getting there, she will be given a deadline for meeting with her US Probation Officer, at their office.

Refusing HWH used to come with a conduct violation writeup, and punishment, but it no longer carries any sanctions.
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Old 11-16-2019, 09:09 PM
99mtg00 99mtg00 is offline
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I'm not so sure you're correct. If she refuses HWH and completes her sentence at her FCI, BOP's authority over her will cease the moment she walks out their door. They can't approve/deny anyone giving her a ride home. If she were going to HWH, she'd still be under BOP control during the trip.
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Old 11-16-2019, 11:47 PM
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"They can't approve/deny anyone giving her a ride home."

This statement is incorrect.
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Old 11-18-2019, 09:03 PM
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Can you explain why my statement is wrong? How can BOP control the behavior of someone no longer under their supervision? Going to HWH, I can understand. But once your sentence is over, how can they?
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Old 11-18-2019, 09:11 PM
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Originally Posted by 99mtg00 View Post
Can you explain why my statement is wrong? How can BOP control the behavior of someone no longer under their supervision? Going to HWH, I can understand. But once your sentence is over, how can they?
I assume because of the rules her PO can give her. It doesn't matter if one is done serving time if they are still on paper they still have control on what they do.
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Old 11-18-2019, 11:58 PM
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72 hours before she has to report to the PO. She is no longer in custody of the BOP when her sentence is up. She "should" contact her PO as soon as she gets out to inform him/her that she is released and to clarify when to meet with him/her. It could be in the post release paperwork that she not associate with any known criminals (not saying you are) so she should be mindful of what her release conditions are. If for some reason she is stopped along the way, it will come up in the law enforcement system that she is on federal probation.
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Old 11-19-2019, 07:25 AM
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Her PO is not part of BOP. So maybe I wasn't incorrect, when I said BOP (her unit team case manager) can't control her choice of ride when she walks out the BOP door. To reiterate, once your sentence has been served, they can't approve/deny anyone giving her a ride home.
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Old 11-19-2019, 08:55 AM
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1982 - Thanks for the answer because that was my question, how long she has to report from release to reporting to the PO. So Im assuming 72 hours is the number, but doesn't hurt to let the PO know she is out. Obviously, they know Feb 11 is her release date, but I didn't know if it was just the time you have from walking out the gates to front door of your home as fast as possible
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Old 11-19-2019, 10:49 AM
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She, and you will know the answer as her release date approaches. If she is given unescorted furlough instructions for her trip home, then the bop will be controlling her even after she has been released from their custody, if not, then you are correct.

Does the bop overreach their legal authority? Yes, they do, regularly. Example, citing "safety & security" when ignoring the HIPAA laws, and forcing private hospitals and doctors to do the same.
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Old 11-20-2019, 08:12 PM
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This peaked my interest. I guess this is along the same lines as whats already been asked prior but.......

Technically your sentence end date is the last day the bop has control over you. Even when a sentence ends on a weekend (no releases on weekend days) they release you the Friday prior. They can not hold you until Monday which would be past your end of sentence date. I still do not know or understand how they can have any authority after they release you (assuming you are not going to a halfway house). I certainly get that your PO can require you to take the bus and, violate if you do not comply but the BOP having any control of what you do after you walk out the gate or being able to enforce anything doesn't make sense. Unless there is some overlap rule or statement in the handbook its not something they can enforce or punish you for doing or not doing. Not trying to be argumentative with people more in the know then I but, something doesn't add up.
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Old 11-20-2019, 11:54 PM
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When I was released, after declining halfway house, I had to submit for approval who was going to pick me up (my parents) and they had to show the CO that met them in the parking lot their IDs and the rental car agreement.

I was released on a Friday and had to report IN PERSON to the PO's office by noon on Monday.

I am not sure where the grey area of BoP and supervised released cross, but I know they indeed do cross.

I also had strict instructions that IF we were stopped by LE for any reason I needed to show them my release paperwork and call the PO right away.

To me, it is only logical that there are guidelines detailing what can and cannot happen while moving from the BoP to supervised release. After all, supervised release is not total freedom.
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Old 11-21-2019, 09:59 AM
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A bit off the subject, but US Probation has up to one year after supervised release ends to file a SR violation (for something that happened before SR completion) that can result in a new prison sentence for violating the terms of release.

I went to a HWH from prison, so I don't know the answer about an actual release from custody at the end of sentence, but my bet is that the bop probably does it anyway.
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Old 11-21-2019, 06:32 PM
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Quote:
Originally Posted by safran View Post
When I was released, after declining halfway house, I had to submit for approval who was going to pick me up (my parents) and they had to show the CO that met them in the parking lot their IDs and the rental car agreement.

I was released on a Friday and had to report IN PERSON to the PO's office by noon on Monday.

I am not sure where the grey area of BoP and supervised released cross, but I know they indeed do cross.

I also had strict instructions that IF we were stopped by LE for any reason I needed to show them my release paperwork and call the PO right away.

To me, it is only logical that there are guidelines detailing what can and cannot happen while moving from the BoP to supervised release. After all, supervised release is not total freedom.
Thanks, this is informative. I guess my argument would be since you are technically on supervised release as soon as you walk out of prison it would be your PO enforcing the rules and not the BOP. So unless that info is forwarded to your PO (which i don't believe the BOP does) I am surprised the BOP cares. Anyway, just a technicality but, interesting none the less.
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Old 11-21-2019, 09:16 PM
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I guess my question is what is normal for the time from HWH release or BOP release is before reporting to the PO. Im guessing the PO will dictate the timing. She's in Aliceville Al and we live in NC. 72 hours gives her a little time to visit with family and friends or take our time coming home to NC. Don't want to do anything that will cause her trouble.
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Old 11-22-2019, 05:38 AM
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She needs to comply with any instructions she is given, by anyone. bop? PO? If she is only given a deadline to report to her PO's office, then that's all she is required to do. If she is given detailed furlough/travel rules, that is all she is allowed to do. No stops, no family members riding on the same public Greyhound, just what the paperwork dictates.

When the bop computes "travel time" it is often less time than is necessary to travel there, but she will be given phone numbers to call in case of a delay. Once you know if she does, or does not have travel restrictions after her release from bop custody, let us know.
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Old 11-22-2019, 12:15 PM
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I spoke with her PO this morning. She indicated that my wife will have 72 hours to report to her once she is home. She indicated she doesn't know what the BOP will require and should arrange travel. Seems odd once you are done with your time, the BOP will control her trip back to NC? Who knows? I would assume, as long as she reports to the PO within 72 hours of release, she should be able to have a couple of days to decompress. More to follow as I get more information
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Old 11-22-2019, 02:09 PM
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I hope you are correct and she won't have any additional restrictions from the bop, but I won't be surprised if she does. They are a law unto themselves.
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