Articles Posted in Contraband

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Last week, Inspector General Michael Horowitz sent a memorandum to the Attorney General and Deputy Attorney General concerning “Top Management and Performance Challenges Facing the Department of Justice.” The first identified challenge? Addressing the Persisting Crisis in the Federal Prison System,” namely the system’s ever escalating cost, which consumes a significant percent of DOJ’s budget, and safety and security issues stemming from chronic overcrowding.

Containing the Cost of the Federal Prison System

The costs to operate and maintain the federal prison system continue to grow, resulting in less funding being available for the Department’s other critical law enforcement missions. Although the size of the federal prison population decreased for the first time since 1980, from 219,298 inmates at the end of FY 2013 to 214,149 inmates at the end of FY 2014, and the Department now projects that the number of inmates will decrease by 10,000 in FY 2016, the downward trend has yet to result in a decrease in federal prison system costs. For example, in FY 2000, the budget for the Federal Bureau of Prisons (BOP) totaled $3.8 billion and accounted for about 18 percent of the Department’s discretionary budget. In comparison, in FY 2014, the BOP’s enacted budget totaled $6.9 billion and accounted for about 25 percent of the Department’s discretionary budget. During this same period, the rate of growth in the BOP’s budget was almost twice the rate of growth of the rest of the Department. The BOP currently has more employees than any other Department component, including the Federal Bureau of Investigation (FBI), and has the second largest budget of any Department component, trailing only the FBI.  The Department’s leadership has acknowledged the dangers the rising costs of the federal prison system present to the Department’s ability to fulfill its mission in other areas. Nevertheless, federal prison spending continues to impact the Department’s ability to make other public safety investments, as the Department’s FY 2015 budget request for the BOP is a 0.5 percent increase from the enacted FY 2014 level.

Our work has identified several funding categories where rising prison costs will present particularly significant challenges in future years. For example, inmate healthcare costs constitute a rapidly growing portion of the federal prison system budget. According to BOP data, the cost for providing healthcare services to inmates increased 55 percent from FY 2006 to FY 2013. The BOP spent over $1 billion on inmate healthcare services in FY 2013, which nearly equaled the entire budget of the U.S. Marshals Service (USMS) or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Continue reading

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Earlier this week, I saw several articles regarding police intercepting individuals trying to introduce contraband into USP Atlanta, such as this one from the Atlanta Journal Constitution:


The officer was patrolling the area of New Town Circle in southeast Atlanta around 12:30 a.m. when he noticed a white Oldsmobile Alero parked near the fence surrounding the federal prison, Sgt. Greg Lyon with Atlanta police said Tuesday afternoon.
“He shined a spotlight on the vehicle,” Lyon said. “When he did so, he saw four individuals — all dressed in gray sweat pants, black hoodies and black gloves — that appeared to be up to no good.”
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Mike Scarcellaat The Blog of The Legal Times has an interesting post regarding an appeal pending before the Fourth Circuit that challenges the constitutional validity of a (dated) federal law, through which the government sought to criminalize the possession of a cell phone in prison:


The ex-inmate, Johnny Beason, was caught with a mobile phone before congressional changes, via the Cell Phone Contraband Act, went into effect in late 2010.[…]
Here’s the issue: Did Beason have “fair and sufficient notice” that his possession of a mobile phone opened him up to criminal liability? Beason’s attorneys, Brian Kornbrath and Kristen Leddy, who work for federal public defender offices in West Virginia, contend the old law is unconstitutional for its vagueness. A cell phone, the attorneys said, “has a legal purpose and productive uses, which can carry over to the prison environment.”