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Consumer warning

Prison consultants: myths and facts.

You are about to go to federal prison, or someone you love is, and you have discovered an industry that would like to help you for a fee.

Some of it is real work. A lot of it is selling you things that cannot be sold, at the worst moment of your life, when you are least equipped to evaluate the claim.

Disclosure

I do this work. I take clients and I charge money.

So read this the way you would read anything written by someone with a stake in it. What I have tried to do is write the page I wanted when I was searching at two in the morning, which means it includes the parts that are bad for business — specifically, the section explaining when you should not hire anyone, including me. The longer version of my bias is on the disclaimer page.

Every factual claim below points to a public source you can check yourself.

What is not for sale
Exhibit A

Things nobody can do.

If someone tells you they can do any of the following, you have learned something useful about them.

Myth: “I can get you into a camp.”

Nobody can. Not a consultant, not a lawyer, not for any amount of money.

Designation is a scoring system. Your custody points are calculated from severity of offense, criminal history, history of violence, history of escape, detainers, age, education, substance use history, and whether you were allowed to voluntarily surrender. That score produces a security level.

On top of that sit public safety factors, which override the score outright. A deportable alien determination, a sex offense, a long remaining sentence — any of these keeps you out of a minimum security camp no matter how low your points are.

Source: PS 5100.08, Inmate Security Designation and Custody Classification.

Here is the tell to watch for. If you have camp points and no public safety factor, you were going to a camp anyway. A consultant who takes your money and then takes credit for that outcome is charging you for the sunrise.

Myth: “I have relationships inside the BOP.”

Designations are made by the Designation and Sentence Computation Center in Grand Prairie, Texas. It is a processing operation working from your paperwork against a scoring policy.

There is no relationship layer. There is no one to call. A claim of influence over designation is either a lie or a description of a federal crime, and you should assume the first one.

Myth: “I can get your sentence reduced.”

Sentence reduction is a legal matter — a 2255 motion, a Rule 35 motion, compassionate release. Those are lawyer things, they are difficult, and most of them fail.

A non-lawyer selling sentence reduction is selling either something they cannot deliver or the unauthorized practice of law. Neither is what you want, and that pitch has its own page.

Myth: “I can get you into RDAP.”

The residential drug abuse program is the largest single sentence reduction available to most people, which is exactly why it gets sold.

Eligibility requires a documented substance use disorder, verified against your presentence report. Nobody can create that documentation for you after the fact, because the PSR cannot be amended after sentencing — a challenge gets attached next to the error and the original stays.

Source: PS 5330.11, Psychology Treatment Programs (RDAP).

What is genuinely true and genuinely useful: if you have a real history and it is not in the report, the window to get it in there closes at sentencing. That is worth knowing. It is also on this site for free, which is roughly the point.

Myth: “My attorney told me he can place me at a specific facility.”

Attorneys make this claim too. It is the same myth wearing a better suit.

A judge can recommend a facility. The recommendation is one input among several under 18 U.S.C. 3621(b) and the Bureau is not bound by it. Ask for it anyway — it is free and it carries some weight. Just understand what it is.

If your lawyer has been adamant that he can put you somewhere specific because his last three clients ended up there, consider that his last three clients may have scored into that facility on their own.

Myth: “Act now, the price goes up, we need to move today.”

Manufactured urgency, aimed at someone whose judgment is already compromised by fear.

Almost nothing in this process moves that fast. Designation takes weeks. The genuinely time-sensitive item — your PSR objections — has a deadline your attorney already knows, and you can find it out by asking them for free.

The other direction
Exhibit B

The opposite myth.

Myth: “Prison consultants are all scams.”

They are not, and I would say that even if I were not one.

The federal system is genuinely opaque. It is run on policy documents most people never find, by staff with no obligation to explain anything, against a timeline nobody tells you about. Ordinary competent adults walk into it and lose months of their lives to things they did not know to ask about.

The problem is not that the work is worthless. The problem is that the industry sells the parts it cannot deliver, because those are the parts frightened people most want to buy.

Myth: “The information is secret.”

Almost none of it is. Program statements are published on bop.gov, and the ones worth reading are annotated here. The statutes are on the Cornell site. Facility handbooks are public. Your own sentence computation is available on request.

Anyone treating public policy as proprietary is selling you access to a library.

What is scarce is not the documents. It is knowing which document matters, what actually happens when policy meets a case manager with a caseload of 150, and which of the things you are afraid of are real.

Myth: “A former warden knows best.”

Some former staff do this work and some of them are good at it.

Two things to hold alongside that. Having worked for the Bureau does not confer influence over it once you have left. And the system changed substantially with the First Step Act in 2018 — earned time credits, the PATTERN risk assessment system, the recalculation of good conduct time. Someone whose operational knowledge predates that is describing a system that no longer exists.

Ask when they were last inside the system, in any capacity. The answer matters more than the title.

The honest list
Exhibit C

What a consultant can actually do.

The honest list is shorter than the sales pages and it is not nothing.

  • Tell you what is coming, accurately and currently. Most of the fear is of the wrong things. Replacing it with an accurate picture is worth more than people expect.
  • Read your PSR before it is final. Your lawyer is reading it for the sentence. Somebody should be reading it for your points, your public safety factors, your care level, your program eligibility, and your release address — none of which change the sentence and all of which govern the next several years.
  • Run your points so you know what to expect. Not to change them. To stop you being blindsided, and to let you recognize a sales pitch when you hear one.
  • Prepare the things that cannot be fixed later. Two-factor authentication, account access, power of attorney, medical documentation, the handoff document. These have hard deadlines and no second chances.
  • Coach the family. This is the most underrated piece. Mail formatting, visiting approval, how to call a unit team without making it worse, when to push on an RRC referral. The person outside has a real job and almost nobody tells them what it is.
  • Be someone who answers in month nine. When the case manager has stopped responding, or medical is ignoring something, or the referral has not happened and nobody will say why.

Notice what is on that list: information, preparation, and someone paying attention. Notice what is not: outcomes anyone can promise.

The halfway house question, honestly

This is the one place where the value proposition is real and gets overstated anyway, so let me be precise.

Nobody can order the Bureau to give you a longer pre-release placement. The referral is made by your unit team at a program review, and the warden signs it.

Source: PS 7310.04, Community Corrections Center Utilization and Transfer Procedure.

What is true is that nothing happens until someone asks, that there is no metric attached to anyone doing it on time, and that the entire cost of a late referral falls on you. Knowing when the window opens, asking at the right meeting, and having someone outside applying steady polite pressure genuinely changes outcomes. The mechanics are written up in the halfway house and home confinement guide, and the family side of it is the halfway house push.

From the inside I did not push, and it cost me.

I did not push. I waited patiently and hoped my case manager would do his job. By the time he put me in for a year, there was no bedspace. My partner called the halfway house and the bed I would have otherwise been allocated for—and its home confinement—was placed the week before. I ended up getting just 30 days.

That is the most expensive mistake I made and it was free to avoid, which is why the instructions for avoiding it are on this site rather than behind a payment.

Eighteen months, men's low

Before you pay
Exhibit D

How to evaluate anyone, including me.

Eight questions. Ask them of every person who wants your money, and treat a bad answer to any of the first three as disqualifying.

  1. Do they guarantee an outcome?

    Placement, sentence length, RDAP, halfway house duration. Any guarantee is a lie about a system that does not work that way. Walk away.

  2. Will they tell you when you do not need them?

    If every conversation ends with you needing to hire someone, you are talking to a funnel.

  3. Can you verify their experience?

    Which facility, what security level, what years, how long. Federal cases are public record. If they are vague about their own history, that is your answer.

  4. Is their information current?

    Anything about time credits, risk assessment, or release calculation that predates 2019 is describing a different system.

  5. Do they cite sources or just assert?

    Program statement numbers, statutes, CFR sections. If someone tells you something confidently and cannot point to where it comes from, they may still be right, but you have no way to know.

  6. Are prices published?

    If you have to get on a call to learn what something costs, the price is being set based on how frightened you sound.

  7. Will they answer real questions before you pay?

    Not a sales call. An actual question with an actual answer.

  8. Are they honest about what they do not know?

    Nobody has done time at every security level, in every region, in every era. Someone who has an answer for everything has an answer for nothing.

Apply all eight to me. What I charge and what a consult covers is published, and who I work best with says out loud who I turn away. If I fail one of the eight, do not hire me.

When you do not need to hire anyone.

Most people reading this do not need a consultant. That is an uncomfortable thing to publish on a site where I sell consulting, and it is true.

You probably do not need to pay anyone if:

  • Your case is straightforward, you have a competent attorney, and you have a normal amount of time to prepare;
  • your questions are answered on this site, which most of them are;
  • you are looking for reassurance rather than information — a consultant is an expensive way to be told it will be okay, and a therapist is a better one;
  • you want someone to promise you a camp, in which case what you want does not exist;
  • or you are pre-indictment and nothing has happened yet.

The situations where paying somebody is defensible are narrower:

  • A serious medical condition that has to survive the transition into custody;
  • non-citizen status, which changes designation, time credits, and everything after;
  • a high-profile case, where the ordinary rules about designation and placement bend in ways that are hard to anticipate;
  • a business or complex finances to wind down on a deadline;
  • a family that needs coaching more than you do;
  • or a long sentence, where small errors compound into years.

If none of those describe you, read the guides, use the checklists, and keep your money. You are going to need it more than I do.

Companion reading: paying non-lawyers for legal work and paying to get to XYZ facility. The two specific pitches, in full.

Need help with this? Just ask.

Before you pay anybody, including me, email me the question you were going to pay them to answer. Answers are free, and "you don't need to hire anyone for this" is my most common answer.

josh@federalprisondude.com

I answer in the order received, usually within a couple of days. I have a day job. If your situation genuinely needs more than an email, I take a limited number of consults, so say so and we'll work it out.

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