There is little that unites both parties on Capitol Hill with the exception of overwhelming criticism of the Federal Bureau of Prisons (BOP). U.S. Senator Jon Ossoff’s bipartisan bill to strengthen BOP oversight passed the U.S. Senate and now heads to the President’s desk to become law. The bill comes on the heels of stories of staff corruption, inmate mistreatment, closing of prisons, and delays in fully implementing the First Step Act. Senator Ossoff has been a champion of BOP reform, holding hearings on the “rape club” at FCI Dublin women’s prison which has since been closed, and rampant corruption at USP Atlanta (now a Low security FCI Atlanta).
The Department of Justice Office of Inspector General (OIG), led by IG Michael Horowitz, has led numerous investigations into staffing shortages, poor medical care at prison facilities, inedible food and decaying facilities. OIG even has a section of reports on its website representing a compendium of BOP issues, many which remain open, some brought about through unannounced OIG inspections.
The bipartisan Federal Prison Oversight Act would require the OIG to conduct comprehensive, risk-based inspections of the BOP’s 122 correctional facilities, provide recommendations to fix problems, and assign each facility a risk score, with higher-risk facilities required to be inspected more often. The OIG will report its findings and recommendations to Congress and the public, and the BOP must respond to all inspection reports within 60 days with a corrective action plan. The BOP has a record for not following up on Congressional inquiries.
The bill will also establish an independent Ombudsman to investigate the health, safety, welfare, and rights of incarcerated people and staff. This includes the BOP’s adherence to the First Step Act, sweeping legislation that after 5 years is still plagued with problems leaving inmates in prison for longer than necessary. The office would create a secure hotline and online form for family members, friends, and representatives of incarcerated people to submit complaints and inquiries.
Senator Ossoff’s office issued the following statement regarding the bill, “My bipartisan Senate investigations of corruption, abuse, and misconduct in the Federal prison system have revealed an urgent need to overhaul Federal prison oversight. I now look forward to President Biden signing our bipartisan bill into law.”
IG Michael Horwitz issued a statement as well saying, “I applaud Congress for passing the ‘Federal Prison Oversight Act,’ and for the overwhelming bipartisan show of support to improve oversight of the Federal Bureau of Prisons (BOP). Last year, the OIG launched an unannounced inspection program of BOP facilities. The inspections we conducted have identified critical shortcomings in BOP operations, including staff shortages in health and education programs, infrastructure in desperate need of repair, and moldy and rotten food being served to inmates.”
BOP Director Colette Peters inherited an agency in need of a makeover when the previous Director Michael Carvajal was pressured to step down in January 2022 after a continuous relationship with Congress. While Peters has made progress on the First Step Act and attempts at transparency, her widely viewed interview on CBS’ 60 Minutes drew harsh criticism for her handling of the abuses of women at FCI Dublin. Peters had promised a more forgiving BOP with emphasis on returning better citizens after the completion of a term in prison.
The BOP issued a statement that seems to welcome the oversight. The statement read, “The Federal Bureau of Prisons (FBOP) welcomes Congressional oversight and looks forward to working with Congress to implement the bipartisan Federal Prison Oversight Act. FBOP will need additional resources to ensure that it can be responsive to the additional oversight and other requirements of the Act.”
On November 7, 2023, before the House Judiciary Subcommittee on Crime and Federal Government Surveillance, Director Peters stated, “As I’ve said many times, I believe in accountability, oversight, and transparency. I know we cannot do this work alone. The only thing I would ask is that when you consider additional oversight in legislation, we then receive the appropriate resources, so that I’m not left flat-footed with additional requests and additional oversight for information, and then we don’t have the staff and resources to respond in a timely and efficient manner.”
I spoke with retired acting-BOP Director Hugh Hurwitz about the bill and the BOP’s response. “Director Peters is 100% right about the resources necessary to give this law the power it needs to address serious issues inside the BOP,” Hurwitz said. The Act has two parts, one creating an Ombudsman office in the BOP and the other is the Inspector General reporting on the facilities. Both will need extensive funding to be effective.
“The Ombudsman office is going to get flooded with calls once they create that office,” Hurwitz said, “Every time a family member or somebody has an issue, or an advocate has an issue with BOP, they’re going to call that office and my guess is that they’re going to get thousands upon thousands of calls and they need money to not only answer those calls but to act on them.” Right now the BOP has a systemic staffing problem that has led to lockdowns across institutions, augmentation of staff from one job to another, and poor morale from overworked employees.
Another issue is the funding for the law to even do the work as it is not part of FY2025 budget which starts October 1, 2024. Hurwitz said, “Remember, every time Congress passes a bill like this Oversight Act, which is great, that’s just passing a law, but it’s the Appropriations Committee that actually funds it.” Without funding, the bill has no meaning. Hurwitz noted that Congress is already deep in negotiations for the upcoming budget and to add something for this law seems unlikely for the upcoming year. “Look for funding in late 2026 and another year to get things going and another year after that to see any real results,” Hurwitz said.
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