What is the “PSR”?
A PSR is a Pre-Sentence Investigation Report - called Pre-Sentence Report for short. Make no mistake. The PSR is the most important document in your file. It is prepared by the probation office at the direction of the DOJ. The PSR is used in many ways including but not limited to the GSR, that the Judge may consider in your sentence, security level classification, Institution designation, health, diet, religious issues, BRAVO and PATTERN score, program eligibility (RDAP, FSA, SCA) and potential qualification for early release. It controls every aspect of your life while you are under the jurisdiction of the BOP, USMS, and the DOJ. These are but some of the things the PSR affects. You can trust the DOJ has incentive to impact the PSR in their favor. You need to make sure you have someone on your side to review and help you prepare your PSR. The importance of the PSR can not be understated. Contact us to assist you.
What about my illness?
As mentioned, probably the most important document in your file is the PSR. You must make sure that any and all medical issues are in that document and proved. Perhaps you are looking at 60 months in prison. Let's say you have diabetes, high blood pressure, and high cholesterol. You are taking three drugs. Unless your condition is terminal within the next 60 months, your illness will not help very much in lowering your time. The Court will usually consider a heart attack or stroke as reason to lower your time but it must be proved sufficiently to the Judge. In the Federal system, we can use hearsay documents to show the impact such an event will have on you in the future. A letter from your doctor will help but we need additional evidence of how the prognosis is dire - how you will probably die before you serve your sentence. If it's not in the PSR, the Court may not consider your illness. Get a lawyer who knows this. Get Exodus.
Several readers have asked: What is a GSR?
That is a good question and one I apologize for my using the anachronism “GSR”. My experience as a lawyer, Judge, and yes a BOP inmate means sometimes I resort to abbreviations.
A “GSR” is the Guideline Sentence Recommendation that gives a range of a potential sentence to be considered by the Judge. The GSR is a result of the PSR and sentencing table. A copy of which can be viewed at:
https://www.ussc.gov./guidelines/2021-guidelines-manual/annotated-2021-chapter-5
The sentencing Judge is not required to follow those guidelines. It is important that you understand the importance of your PSR to lower your guideline sentence recommendation.
Thank you for your questions and interest. I can not stress the importance of doing due diligence before making any decision in this serious time of you and your loved ones lives.
You spend time doing research before you buy a house, car, or take a new job. So you dang sure need to do your research now.
If you have any questions, please contact us.
Can you explain the procedure when an inmate has a grievance or complaint?
The BOP has a policy and procedure manual that controls every aspect of an inmates daily life while incarcerated. The easiest comparison is the IRS tax code: big, bulky, subject to “updates”, and open to subjective interpretation.
The basic procedural steps an inmate must complete if they have a grievance are:
1. The inmate first must file an informal resolution. This is known as a “cop-out”. The inmate files the cop-opt to the department CO.
2. If there is no answer from the CO within a certain number of days (14 is usual time). Then the inmate proceeds to a more formal administrative remedy.
3. The formal remedy process consists of a BP-8,9,10,11.
4. Simply put the inmate must file the formal request, wait 30-60 days at each level. Before filing the next level complaint.
5. Ultimately, the last step of this process is to file your paperwork with the BOP office in Washington DC.
6. This process must be completed fully before an inmate can file a complaint in Federal Court.
The process is cumbersome, tedious, and formal. If an inmate has a valid grievance they have the ability to follow the BOP procedure to have their grievance reviewed and if not satisfied then can file a Federal lawsuit.
If they have an issue that involves violence or sexual abuse. There is an OIG hotline that is readily available to that inmate for immediate review. The OIG takes those complaints seriously. In the past 3 years over 100 CO’s have been indicted for various violations.
This is a simplified and basic brief overview of the grievance resolution procedure while incarcerated in a Federal facility.
I hope you find this helpful.
If any subscriber or reader has a question, please don’t hesitate to email your questions to us.
DON’T HESITATE CALL US NOW at 501-588-0047. jim@jimhensley.com