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Federal Probation, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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  #1  
Old 08-08-2018, 11:45 AM
rockchalk1 rockchalk1 is offline
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Default Post-Release Issues HWH/HC

My friend's husband was just released from prison and he was told he could go to HC immediately after he completes orientation, which takes 10-14 days. He has no SR, so when he's done, he's done. His entire HWH/HC time is around 35 days.

When he arrived at the HWH he was told he wasn't approved for HC. The prison didn't give him papers evidencing that he was. Then there was an issue with the phone that was set up at his house. Ok, so the wife went home and found with his furlough papers for the transport to the HWH that the warden wrote on them that he is granted HC immediately after completing orientation. He showed them to his case manager last Friday (he arrived on Th) at the HWH. She said, "show the intake women as I have nothing to do with it". So on Monday, he showed that woman, and her response was "you need to deal with your case manager on that". So basically they're each pointing the finger at one another. The phone issue is resolved, but no one has done a home visit because they're claiming they're behind by 6 weeks!! By then he will be out, which makes no sense.

To top it off, he has a job, he owns his own company, so when finishing orientation he can go right back to his company and if in the HWH they'll proabably get a huge chunk of money. He can't change his pay in anyway because his wife had been paid his salary during his incarceration (he only had a 1 year 1 day sentence).

BS in the HWH. But to make matters worse, he has now found someone else that has been there since early June was told 4 weeks HWH then approved for HC, yet now they're telling this guy, nope also not approved and won't let him leave to go to HC. I think that's also another white collar guy. Someone else I've spoken with staying at the HWH said they've never seen a white collar guy get out in less than 6 weeks.

I'm curious if anyone sees a pattern here? If so, could it be financial? That they think these guys (in the one case, yes) have a means of making money, or have jobs already, so their mentality is let's keep them and collect from them because the longer they're here, the more we can collect? This facility from my understanding is not full. It fortunately is clean, private rooms, with doors that locked. But there are other issues with it. Nothing to do, limited hours for workout room, computer room, can't go outside (unless you smoke), etc.

So, what is one to do if they find themselves in a similar situation? The HWH obviously has you by your balls. You can't say "let me speak to your manager!". They can just send you right back to prison. Does have a lawyer on deck to deal with these issues help? Is this a class action issue? I think if polled other former residents, it is probably a consistent pattern, but since felons can't have contact with other felons after they get out, that is probably why people tend to not be as informed. And, everyone acts like the HWH is one big secret. I thought their job is to help transition you back to society? They too are doing a crappy job of it. These guys say they're going to church, then get a brochure and do their own thing for 2-4 hours. No one follows up. Just stupid. Orientation should take 2 hours and send them home, but here 10-14 days because the people don't show up for work!!

Btw, I am talking about the Chicago HWH run by Salvation Army, so if anyone has info to share or has the same experience (white collar or not), please pm me. I am going to start collecting data to see if there is indeed a case to be made, and perhaps once my husband is off of SR, which is sooner than most fortunately, we can deal with this issue.
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Old 08-08-2018, 05:16 PM
fbopnomore fbopnomore is offline
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I hope you are able to get the HWH to send him to home confinement. At my HWH, the bop residential residency manager (RRM) was as involved with what the HWH did, and was not allowed to do (including when they could turn the televisions on) as a tick on a dog, so you may be able to involve the RRM in the decision.
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Old 08-08-2018, 09:17 PM
bellisq bellisq is offline
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I doubt the issue is financial, because he has to pay the Halfway House costs no matter where he sleeps. And there is a cap on the financial, so that's not the motivation either. It sounds like either bad management or some sort of need to keep beds full, for some bureaucratic reason. But that's just a guess. "Being behind" doesn't make much sense, and it's not usually how the Federal Probation Office works. I think his only recourse is to reach out to the Case Manager and the Probation Office, being extremely respectful (no matter how ridiculous this is and how he feels) and see if he can get some traction. He should be allowed to spend the night on the second or third weekend and that might be the only break he gets.
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Old 08-08-2018, 09:33 PM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by bellisq View Post
I doubt the issue is financial, because he has to pay the Halfway House costs no matter where he sleeps. And there is a cap on the financial, so that's not the motivation either. It sounds like either bad management or some sort of need to keep beds full, for some bureaucratic reason. But that's just a guess. "Being behind" doesn't make much sense, and it's not usually how the Federal Probation Office works. I think his only recourse is to reach out to the Case Manager and the Probation Office, being extremely respectful (no matter how ridiculous this is and how he feels) and see if he can get some traction. He should be allowed to spend the night on the second or third weekend and that might be the only break he gets.
No, on Home Confinement, you no longer pay the HWH, so if they let him go home, they cannot collect the 25%.

How much is the cap on financial? That one I have never heard.

This guy doesn't have a probation officer because he doesn't have any Supervised Release afterwards. That's one problem in his case.

In my husband's case, which won't be an issue until January, I'm already taking measures to make sure this issue doesn't not occur and will speak with his probation officer ahead of time. Apparently the USPO also now has a direct to home confinement program that we need to find out if he's on that list, because if he is, then he won't even have to go to this sham HWH. The orientation stuff is beyond bizarre. It's like one of those "get to know your classmates" bingo games that kids play on the first day of school. Get a signature on a square for someone with the same initial as you! In this case, get 10 signatures and you finish orientation and each signature represents a different part of orientation. So meet with the computer lady so she can go over the time the computer room is open and rules. It apparently takes 5 mins, you get her signature and done. This whole process of getting 12 signatures, takes 10-14 days!!?? Yes you heard me. Ridiculous. Oh and for the guys that are supposed to go to HC after the orientation, why do they need to know the hours of the computer room then? What a waste of resources. The probation office people only come every other Monday, so you're stuck there if they don't come your first Monday. Other states, ie Minneapolis, the orientation is not even 1 day. You get there, you go through orientation, and home you go. The inconsistencies between the federal system just blow my mind.

Oh, and this friend's husband, on Friday when it was beautiful out, he asked if he could sit outside in the little outside area they have there. Their answer was "No, because you don't smoke". Unbelievable!!

So of course, that leads us back to finding an attorney that deals with post release issues. I was hoping my days of having to deal with this kind of thing were done, but nope. Our last attorney was phenomenal, however, his one huge weakness was a lack of responsiveness and constantly delaying things. Since this cannot be delayed, time is of the essence so we're not putting our faith in him, not to mention the fact he's a sentencing specialist.

I'm so annoyed because it is literally one thing after another. I just finished dealing with the nonsense of the Clerk of the Court not releasing his restitution money that's been sitting for nearly 2 years and us getting letters claiming it wasn't paid. Talk about a total clusterf*ck there!!
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Old 08-09-2018, 12:46 PM
fentastic0076 fentastic0076 is offline
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The problem I see is that on a 1Y 1D sentence, according the law, the max home confinement he can get is 36 days. So, while the warden may have requested it or even recommended it, they don't have to award him that.
My fiance (female) is in Alderson right now. She SS on June 4 and her release date with good time is April 17th. Her unit manager continues to tell her that she'll be out in January and can go home to direct HC. I keep telling her to expect being in a HWH from January when she's out, until at least the middle of March because that would follow how the law is written.
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Old 08-09-2018, 01:33 PM
xolady xolady is offline
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I only know what my friends son is dealing with and no matter what his halfway house is the only authority he has to go by!! They denied HC he is stuck in halfway house for now so he's just dealing with his reality and you might want to consider backing off for the moment.
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Old 08-09-2018, 05:15 PM
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The second chance act allows the bop to send prisoners to 12 months of half way house or up to 6 months on home confinement, but doesn't require them to do anything. Before that law passed, the bop limited HWH to 10% of their sentence with a maximum of 6 months.

In the past, home confinement was decided by each HWH with approval from the bop residential reentry manager (RRM). Virtually nobody was sent directly to HC by the bop, but they are apparently doing some of that now since they have cancelled so many existing HWH contracts and are short of HWH beds.

Home confinement directly from a bop prison is supervised by a US Probation Officer while HC from a HWH is supervised by the HWH staff. Either way, you are still in bop custody, just not in a prison, until your release date.
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