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April 13, 2005

Big development on federal boot camp

Courtesy of a FOB ("friend of blog"), I just got the news US District Judge Saris has enjoined the Bureau of Prisons from terminating the Shock Incarceration (or Intensive Confinement Center) Program until it has complied with the Administrative Procedure Act.  (Interesting background on this story can be found here.)

The decision, which can be downloaded below, is Castellini v. Lappin, 05-10220 (D. Mass. Apr. 12, 2005), and here is the opinion's introduction:

Plaintiff Richard Castellini, who was sentenced to twenty-one months of incarceration with a recommendation that his sentence be served in the federal boot camp program, moves for a temporary restraining order and/or preliminary injunction to prevent defendant Harley Lappin, Director of the federal Bureau of Prisons (“BOP”), from terminating the boot camp program.  Plaintiff argues that he is likely to succeed on the merits because the BOP's termination of the program exceeded the BOP's authority, violated the notice-and-comment requirements for agency rulemaking under the Administrative Procedure Act ("APA"), 5 U.S.C. § 553, and violated the Ex Post Facto Clause, U.S. Const. art. I, § 9, cl. 3.  After hearing, plaintiff's motion is ALLOWED on the ground that plaintiff is likely to succeed on his claim that the BOP failed to comply with the APA and violated the Ex Post Facto Clause.

Download castellini_icc_order.pdf

April 13, 2005 at 01:41 PM | Permalink

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Tracked on Apr 13, 2005 2:39:25 PM

» Federal Judge Enjoins Feds from Ending Shock Incarceration from TalkLeft: The Politics of Crime
A federal judge has issued an injunction preventing the Bush Administration from ending the "shock incarceration program." Sentencing Law and Policy has the details. Background from Professor Berman is here. We addressed it here.... [Read More]

Tracked on Apr 14, 2005 12:26:45 PM

» Federal Judge Enjoins Feds from Ending Shock Incarceration from TalkLeft: The Politics of Crime
A federal judge has issued an injunction preventing the Bush Administration from ending the "shock incarceration program" until it has complied with the Administrative Procedure Act. Sentencing Law and Policy has the details. Background from Professor ... [Read More]

Tracked on Apr 14, 2005 12:28:43 PM

Comments

Notably, and most unfortunately however, Judge Saris also ruled that the BoP had no statutory obligation to continue the program, as the statute authorizing them to place prisoners in boot camp did not mandate the Bureau to create and maintain any such program, and Congress had not specifically appropriated earmarked funds for that purpose. A similar lawsuit making somewhat different arguments was filed in the District of Oregon last week. One argument advanced there is that since the ICC statute, 18 USC 4046, contains a mechanism for sentence reduction, it cannot be abolished retroactively without violating the Ex Post Facto Clause.

Posted by: Peter G | Apr 13, 2005 8:59:01 PM

My husband was sentenced to this boot camp in August 2004 but found out in January 2005 that the sentence he rec'd is no longer valid. He has to serve his time (18 months) rather than the six months that would have been in the shock incar. Our attorney was very arrogant and unprofessional and told us not to fight it b/c my husband got a good thing anyway. After reading these articles, I think I am going to write someone but who?

Any venting would be appreciated.

Thanks,
Carla

Posted by: Carla | May 12, 2005 6:40:31 PM

My comment, a concerned sibling of an inmate. I agree with you about them not upholding the program.

Have you heard what the lastest news is? My sister went in 11-10-04 and we expected her this week.

I know your sense of frustration. She had 24 months. We are believing God for a turn around.
Any information would be greatly appreciated.

Posted by: sherri | May 13, 2005 9:44:17 PM

Modesto got sentence to five years on the third year he was suppost to start boot camp, now that the boot camp is out of the program he will have to do the five years in a fed. prison and his lawyer is not able to help him with this issue because he claims that he dosn't even now how to address a judge with this isuue. He wants the family to do the homework of finding cases or lawyers or whatever is out there that explains what the goverment is doing towards compensating the inmates from the loss of the boot camp program. please i ma desperated from my son his family needs him and i just don't have any sources or ideas to help him to obtain this information. please we need help if you have any informatiion or know of any lawyers or anyone that is investigating this case please would you share that information with me so a'll be able to help my son. thank you sincerely myrna

Posted by: MYRNA R. COLON/MODESTO J.CINTRON | Jul 25, 2005 2:37:52 PM

i actually attented the bootcamp program and completed it as one if the last classes.It was a good program and i was told that the reason they did away with it was rich people who were doing white collar crimes were taking advantage of it and judges said that is not what it was intended for.Damn rich folk.Any how appeal.Asd for the alternative to the boot camp since it is no longer available perhaps he can ask for the drug program.You do 9 months instead of the six at boot camp,and you take 500 hours of drug courses.No matter what just send him money and never stop writing...............

Posted by: mark peralez | Nov 2, 2005 10:04:54 PM

I am new to this, my son is in prison in Wisconsin and dearly wants the bootcamp. He was told he was not eligible because one of his charges was a violent crime. But he believes there were others with more serious crimes that have been able to attend. I have been unable to find any information to help him, such as names/charges of others who have been in the boot camp. Am I correct in reading prior writings that the boot camp has been completely discontinued? Please help, as I am lost in all this legal stuff. Thanks, Donna

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Posted by: | Oct 14, 2008 10:03:47 AM

hi, my fiance was recently sentanced to 3 years in prison. He is able to take boot camp because all of his counts were non-violent. If he were to get into boot camp how long would he be gone? We are in the state of Wisconsin.

Posted by: Lori | Jan 12, 2010 2:45:14 AM

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Posted by: Jordan Sneakers | May 19, 2010 3:12:31 AM

I am new to this, my boy is within pow camp in Wisconsin and dearly prefers the bootcamp. He was informed he wasn't qualified for the valid reason that 1 of his costs must have been a violent crime. But he believes there have been other people with a whole lot more critical crimes that are already capable to attend. i've been not capable to obtain any info to assist him, for instance names/charges of other people who are already inside boot camp. Am I appropriate in analyzing former writings how the boot camp have been totally discontinued? make sure you help, as i'm dropped in all this legitimate stuff. Thanks, Donna

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