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Are you facing a term in federal prison? I'm Michael Santos, and along with my two co-founders, Shon Hopwood and Justin Paperny, we want to help you master the system. The more you know about the system, the better you can position yourself to succeed.
We're now in our third episode of our five-part series, How to Master Prison. In our two previous episodes, we offered some insight. We discussed the process that brings someone into the system. Then we discussed how people going into the system should work to influence leaders. In this episode, we cover Custody and Classification. Those who have never been to federal prison may not know anything about custody and classification systems. But understanding the system can make all the difference in the world.
It's something that each of our partners knows a lot about. For those who are reading the chapters independently, rather than sequentially, I encourage you to tune into earlier episodes to learn about the members of our Prison Professors team. All readers should know why we're qualified to teach lessons on mastering the federal prison system. Our website at PrisonProfessors.com features a full bio on each of us.
As stated in the previous episodes, to master the federal prison system, start with an understanding of the massive bureaucracy. The system employs more than 40,000 staff members, and it confines more than 200,000 people. In an effort to keep decisions in harmony, the BOP relies about an extensive library of Program Statements and Policy Statements. The BOP invests heavily to train staff members so that they can make decisions in accordance with those Program Statements and Policy Statements.
The Bureau of Prisons operates a website at www.BOP.Gov. Through that website, visitors can access the Program Statements. The BOP published Program Statement 5100.08 on September 12, 2006. This Program Statement covers Inmate Designation and Custody Classification. It is the eighth version of the program statement. In time, the BOP will likely revise the Program Statement. When the BOP revises the Program Statement, it will be known as 5100.09. For now we will provide a primer on the system that is in use as of December 2017.
Inmate Security Designation and Custody Classification
Our team at Prison Professors has thousands of stories that reveal why an understanding of Inmate Security Designation and Custody Classification is so crucial. We'll start with the case of Erik.
A federal judge sentenced Erik to serve a 48-month sentence for wire fraud. Prior to being charged, Erik said that he didn't know the meaning of wire fraud. He didn't consider himself a criminal. Many people make bad decisions during the course of their careers. Sometimes, those bad decisions lead to criminal prosecution. Erik owned, for example, a small finance company. Some financial structuring problems led prosecutors to indict Erik. Inappropriate use of Email and the Internet led to his guilty conviction. Regardless of his self-perception of not being a criminal, a federal judge ordered Erik to surrender to a Federal Prison Camp so that he could serve a 48-month sentence.
Had Erik understood the Inmate Security Designation and Custody Classification system, he would have behaved differently, he said. Instead, Erik made decisions inside that really complicated his journey.
As anyone can see from the free calculators that we make available at PrisonProfessors.com, Erik should have finished his time in prison early. With credit for good time, credit for completion of the Residential Drug Abuse Program, and credit for halfway house, Erik should have served about two years in prison. Then he should have transferred to a halfway house. But Erik didn't understand the prison system. He made decisions inside that resulted in his serving the entire 48 month sentence.
Further, authorities prosecuted Erik a second time for possession of contraband in prison. Although he could have returned to his family in less than two years, he Erik ended up serving the entire four-year sentence. He also received a new felony conviction, and an additional six-month term. Instead of serving his time in a minimum-security camp, he served substantial portions locked in the segregated housing unit and then in a low-security prison.
How did that happen?
Erik's struggle came because he did not know the importance of decisions in prison. He did not consider himself a criminal. And he thought that others wouldn't consider him a criminal.
Yet Erik's self perception didn't have any bearing on how prison staff would treat him. Staff members would consider him an "inmate." As such, they would judge him in accordance with what the various Program Statements prescribed.
The following sequence of events occurred. Erik surrendered to prison in accordance with the judge's order. As soon as he settled in, he wanted to use the phone. He didn't know the rules associated with the phone system. To use the phone, Erik had to wait for staff members to set up a list of approved numbers that he could call from his account. Erik grew frustrated. He wanted to talk with his parents, but the phone number wasn't approved. Not knowing the rules, Erik asked his wife to patch him through on a conference call. Staff members learned about the three-way call. After finding him guilty of violating the phone rules, a Disciplinary Hearing Officer sanctioned him with the loss of telephone privileges for six months. Erik responded by using a cell phone that he borrowed from another prisoner. Cell phones are contraband. Staff members caught him. Possession of a cell phone brought a series of new problems. Because it wasn't only contraband, it was also new criminal conduct. As a result of his decisions:
Erik liked to say that he wasn't a criminal. Yet those who worked in the system did not concern themselves with Erik's self-perception. They judged him in accordance with objective information.
Security in The Federal Bureau of Prisons:
At the time of this writing, at the end of 2017, The Federal Bureau of Prisons confines about 185,000 people. About 83% of those people, or 154,844 inmates, serve their time inside Bureau of Prisons facilities. The other people serve their time in privately managed prisons or other types of facilities. Males make up more than 93% of the federal prison population. Those people serve sentences in the following types of security levels:
Our partner Justin Paperny served time for a white-collar crime. He served his entire sentence in at the Taft Federal Prison Camp, a minimum-security camp. Shon Hopwood served time for armed bank robbery, and he served his entire sentence inside the medium-security Federal Correctional Institution in Pekin, Illinois. I served time for convictions related to selling cocaine. And over the course of 26 years, I served time in every security level.
Developing literacy of Program Statement 5100, also known as the Inmate Security Designation and Custody Classification system, or the Custody and Classification Manuel, helps people who want to master the federal prison system. No one can change the past. At any time, however, we can start sowing seeds for a better future. In our book Earning Freedom: Conquering a 45-Year Prison Term, I show how I started sowing the seeds very early during my journey. The seeds I sowed allowed me to make significant progress in prison.
I took the opposite approach of Erik. He started in a camp. Once he surrendered, Erik made bad decisions that led him to higher-security prisons. I say they're bad decisions, because he told me they were bad decisions.
I started in a high-security United States Penitentiary. As soon as I got there, I started making decisions that would put me on a path to ease my adjustment. By understanding the Inmate Security Designation and Custody Classification system, I laid the foundation carefully. That foundation would allow me to transfer to a medium-security Federal Correctional Institution. Then I transferred to a low-security Federal Correctional Institution. Then, at the soonest possible time, I transferred to a minimum-security Federal Prison Camps.
Understanding Program Statement 5100.08:
The Inmate Security Designation and Custody Classification system is an objective system. On our website, we offer a free calculator to help people determine how staff members in the BOP will score them. Simply visit PrisonProfessors.com, click on the "Calculators" button in the main menu, and respond to the questions.
The calculators simulate Program Statement 5100.08, seeking responses to questions on two separate levels:
To arrive at the scoring level, respond to 10 separate questions. The response to each question will provide an objective score. Those questions include the following:
Notice that we always ask what the BOP will say. It's not important what you or anyone else says. We need to assess what the BOP will say in order to calculate your score appropriately.
Program Statement 5100.08 will attach a score to each of your responses to those questions. This score will be known as your "Base Score." When it comes to the base score, you will note that the questions focus on your past. For the most part, you will notice that they require static answers—meaning that you will not have opportunities to change the outcome. Since you cannot change the past, you must wait for calendar pages to turn to influence the Base Score.
It's important to understand this score as early as possible. You may be able to influence the score during the presentence investigation process.
Once you calculate the Base Score, the next step will require you to answer questions that will lead to your Custody Score. Those questions follow:
Program Statement 5100.08 will assign a score to each answer that you provide. The sum of those scores will result in your Custody Score. Then, Program Statement 5100.08 will require you to consult a variance table that may either add or subtract from your score.
By taking all factors into consideration, you receive a scoring. That scoring reflects all of your security points. Those security points will determine the type of prison where you will serve your sentence. Your behavior in prison will determine whether you move to higher security levels, and potentially extend your release date, as was the case with Erik. Or if you pursue the path of a master, your behavior in prison will result in your moving to a lower-security prison, and potentially advancing your release date.
These scores will come from your Presentence Investigation Report. If you want to influence these scores, then learn as much as possible before the PSI. We urge you to review the information available on our website. It will help you understand the importance of the PSR, and it will offer guidance on how to influence that PSR. If you need guidance, contact us today.
Higher-Security Prisons as Compared to Lower-Security Prisons
The security-level of a prison influences the level of liberty. As stated earlier in this chapter, about 18% of the federal prison population serves time in a minimum-security camp. More than 80% of the federal prison population serves time in higher-security prisons. Regardless of where a person starts the sentence, various factors can influence the security scoring. A change in security scoring can result in a transfer to either higher or lower security prison.
Learn how behavior in prison influences the Inmate Security Designation and Custody Classification. Although nothing but the passing of time will influence the Base Score, the Custody Score is more dynamic. In other words, behavior in prison can result in lowering or raising the Custody Score. By understanding how the Inmate Security Designation and Custody Classification system works, a person can choose to behave in ways that reflects a mastery of the system.
Experience in Different Security Levels:
As a founder of Prison Professors, I would be remiss if I did not share what I learned from serving time in prisons of every security level. I started my term in 1987. Initially authorities locked me inside a detention center in Miami. At the time, it was called the Metropolitan Correctional Center. Since then, the BOP changed MCC Miami into FCI Miami. When I started, I didn't understand the system at all. I only cared about getting out of prison. Later, after a jury convicted me and a judge sentenced me, I changed my thought process. I wanted to leave prison successfully. Every decision that I made inside would put me on the trajectory of success.
What types of decisions will you make?
After being sentenced, authorities transferred me to the United States Penitentiary, in Atlanta. I had a 45-year term. Under the laws that existed at the time, I could earn credit for good behavior. As long as I didn't lose any of those credits for good behavior, I could complete that term in 26 years. I started to set goals. I wanted to get out of prison at the soonest possible time. Further, I wanted to make sure that when I returned to society, I would be in the best possible position to succeed. I understood that there were some things I could not control. But I had opportunities to make decisions every day. Those decisions would lead me closer to success, or further away from success.
Coincidentally, Program Statement 5100.08 rewards decisions that I consider to be consistent with success. By avoiding disciplinary infractions in prison, I could put myself on a path to move to lower security levels. It wasn't going to happen overnight. Yet by gradually working through programs in prison, I could begin to influence change. I could assess my environment. Although I couldn't avoid the volatility of prison, I could make choices that would minimize my exposure to problems. I could choose jobs that would be more consistent with my goals. I could maneuver my way into the best possible housing situation. By understanding Program Statement 5100.08, I could succeed in a high-security penitentiary. I did not receive any disciplinary infractions. I earned an undergraduate degree. I successfully coordinated my transfer to the medium-security Federal Correctional Institution of my choice.
Once I got to the next stop, I repeated the process. At the soonest possible time, I transferred from the medium-security Federal Correctional Institution to the low-security Federal Correctional Institution of my choice. By the time I arrived, I had a master's degree. While in the low-security prison, I continued the same pattern. While there, I married the love of my life. And at the soonest possible time, I transferred to a minimum-security camp. While there, I built many relationships that influenced my success in prison and beyond. Indeed, I met my co-founders at Prison Professors while I was serving time inside of those minimum-security federal prison camps.
Get Ready to Master Federal Prison
If you or a loved one is facing challenges with the criminal justice system, we urge you to understand the Inmate Security Designation and Custody Classification system. You may research the entire manual by reading Program Statement 5100.08. If you want a quick assessment of how the Bureau of Prisons will score you, turn to our free calculators at PrisonProfessors.com. The more you know about the system, the stronger you will become. As you restore confidence, you'll make better decisions. Those better decisions will show that you're a master of the system.
Regardless of where you serve your sentence, you can make decisions that will lead to a life of meaning and relevance. That said, we ask you to consider Maslow's Hierarchy of Needs. We all have the basis need of safety. If you can maneuver your way into less-volatile environments, then we urge you to do so. By understanding the Inmate Security Designation and Custody Classification system, you'll know how to seize upon opportunities to influence the scoring level. The sooner you get started, the better off you will be. Our courses and books at Prison Professors will help.
Contact us today if you want more personal assistance.
Are you facing a term in federal prison? I’m Michael Santos, and along with my two co-founders, Shon Hopwood and Justin Paperny, we want to help you master the system. The more you know about the system, the better you can position yourself to succeed.
We’re now in our third episode of our five-part series, How to Master Prison. In our two previous episodes, we offered some insight. We discussed the process that brings someone into the system. Then we discussed how people going into the system should work to influence leaders. In this episode, we cover Custody and Classification. Those who have never been to federal prison may not know anything about custody and classification systems. But understanding the system can make all the difference in the world.
It’s something that each of our partners knows a lot about. For those who are reading the chapters independently, rather than sequentially, I encourage you to tune into earlier episodes to learn about the members of our Prison Professors team. All readers should know why we’re qualified to teach lessons on mastering the federal prison system. Our website at PrisonProfessors.com features a full bio on each of us.
As stated in the previous episodes, to master the federal prison system, start with an understanding of the massive bureaucracy. The system employs more than 40,000 staff members, and it confines more than 200,000 people. In an effort to keep decisions in harmony, the BOP relies about an extensive library of Program Statements and Policy Statements. The BOP invests heavily to train staff members so that they can make decisions in accordance with those Program Statements and Policy Statements.
The Bureau of Prisons operates a website at www.BOP.Gov. Through that website, visitors can access the Program Statements. The BOP published Program Statement 5100.08 on September 12, 2006. This Program Statement covers Inmate Designation and Custody Classification. It is the eighth version of the program statement. In time, the BOP will likely revise the Program Statement. When the BOP revises the Program Statement, it will be known as 5100.09. For now we will provide a primer on the system that is in use as of December 2017.
Inmate Security Designation and Custody Classification
Our team at Prison Professors has thousands of stories that reveal why an understanding of Inmate Security Designation and Custody Classification is so crucial. We’ll start with the case of Erik.
A federal judge sentenced Erik to serve a 48-month sentence for wire fraud. Prior to being charged, Erik said that he didn’t know the meaning of wire fraud. He didn’t consider himself a criminal. Many people make bad decisions during the course of their careers. Sometimes, those bad decisions lead to criminal prosecution. Erik owned, for example, a small finance company. Some financial structuring problems led prosecutors to indict Erik. Inappropriate use of Email and the Internet led to his guilty conviction. Regardless of his self-perception of not being a criminal, a federal judge ordered Erik to surrender to a Federal Prison Camp so that he could serve a 48-month sentence.
Had Erik understood the Inmate Security Designation and Custody Classification system, he would have behaved differently, he said. Instead, Erik made decisions inside that really complicated his journey.
As anyone can see from the free calculators that we make available at PrisonProfessors.com, Erik should have finished his time in prison early. With credit for good time, credit for completion of the Residential Drug Abuse Program, and credit for halfway house, Erik should have served about two years in prison. Then he should have transferred to a halfway house. But Erik didn’t understand the prison system. He made decisions inside that resulted in his serving the entire 48 month sentence.
Further, authorities prosecuted Erik a second time for possession of contraband in prison. Although he could have returned to his family in less than two years, he Erik ended up serving the entire four-year sentence. He also received a new felony conviction, and an additional six-month term. Instead of serving his time in a minimum-security camp, he served substantial portions locked in the segregated housing unit and then in a low-security prison.
How did that happen?
Erik’s struggle came because he did not know the importance of decisions in prison. He did not consider himself a criminal. And he thought that others wouldn’t consider him a criminal.
Yet Erik’s self perception didn’t have any bearing on how prison staff would treat him. Staff members would consider him an “inmate.” As such, they would judge him in accordance with what the various Program Statements prescribed.
The following sequence of events occurred. Erik surrendered to prison in accordance with the judge’s order. As soon as he settled in, he wanted to use the phone. He didn’t know the rules associated with the phone system. To use the phone, Erik had to wait for staff members to set up a list of approved numbers that he could call from his account. Erik grew frustrated. He wanted to talk with his parents, but the phone number wasn’t approved. Not knowing the rules, Erik asked his wife to patch him through on a conference call. Staff members learned about the three-way call. After finding him guilty of violating the phone rules, a Disciplinary Hearing Officer sanctioned him with the loss of telephone privileges for six months. Erik responded by using a cell phone that he borrowed from another prisoner. Cell phones are contraband. Staff members caught him. Possession of a cell phone brought a series of new problems. Because it wasn’t only contraband, it was also new criminal conduct. As a result of his decisions:
Erik liked to say that he wasn’t a criminal. Yet those who worked in the system did not concern themselves with Erik’s self-perception. They judged him in accordance with objective information.
Security in The Federal Bureau of Prisons:
At the time of this writing, at the end of 2017, The Federal Bureau of Prisons confines about 185,000 people. About 83% of those people, or 154,844 inmates, serve their time inside Bureau of Prisons facilities. The other people serve their time in privately managed prisons or other types of facilities. Males make up more than 93% of the federal prison population. Those people serve sentences in the following types of security levels:
Our partner Justin Paperny served time for a white-collar crime. He served his entire sentence in at the Taft Federal Prison Camp, a minimum-security camp. Shon Hopwood served time for armed bank robbery, and he served his entire sentence inside the medium-security Federal Correctional Institution in Pekin, Illinois. I served time for convictions related to selling cocaine. And over the course of 26 years, I served time in every security level.
Developing literacy of Program Statement 5100, also known as the Inmate Security Designation and Custody Classification system, or the Custody and Classification Manuel, helps people who want to master the federal prison system. No one can change the past. At any time, however, we can start sowing seeds for a better future. In our book Earning Freedom: Conquering a 45-Year Prison Term, I show how I started sowing the seeds very early during my journey. The seeds I sowed allowed me to make significant progress in prison.
I took the opposite approach of Erik. He started in a camp. Once he surrendered, Erik made bad decisions that led him to higher-security prisons. I say they’re bad decisions, because he told me they were bad decisions.
I started in a high-security United States Penitentiary. As soon as I got there, I started making decisions that would put me on a path to ease my adjustment. By understanding the Inmate Security Designation and Custody Classification system, I laid the foundation carefully. That foundation would allow me to transfer to a medium-security Federal Correctional Institution. Then I transferred to a low-security Federal Correctional Institution. Then, at the soonest possible time, I transferred to a minimum-security Federal Prison Camps.
Understanding Program Statement 5100.08:
The Inmate Security Designation and Custody Classification system is an objective system. On our website, we offer a free calculator to help people determine how staff members in the BOP will score them. Simply visit PrisonProfessors.com, click on the “Calculators” button in the main menu, and respond to the questions.
The calculators simulate Program Statement 5100.08, seeking responses to questions on two separate levels:
To arrive at the scoring level, respond to 10 separate questions. The response to each question will provide an objective score. Those questions include the following:
Notice that we always ask what the BOP will say. It’s not important what you or anyone else says. We need to assess what the BOP will say in order to calculate your score appropriately.
Program Statement 5100.08 will attach a score to each of your responses to those questions. This score will be known as your “Base Score.” When it comes to the base score, you will note that the questions focus on your past. For the most part, you will notice that they require static answers—meaning that you will not have opportunities to change the outcome. Since you cannot change the past, you must wait for calendar pages to turn to influence the Base Score.
It’s important to understand this score as early as possible. You may be able to influence the score during the presentence investigation process.
Once you calculate the Base Score, the next step will require you to answer questions that will lead to your Custody Score. Those questions follow:
Program Statement 5100.08 will assign a score to each answer that you provide. The sum of those scores will result in your Custody Score. Then, Program Statement 5100.08 will require you to consult a variance table that may either add or subtract from your score.
By taking all factors into consideration, you receive a scoring. That scoring reflects all of your security points. Those security points will determine the type of prison where you will serve your sentence. Your behavior in prison will determine whether you move to higher security levels, and potentially extend your release date, as was the case with Erik. Or if you pursue the path of a master, your behavior in prison will result in your moving to a lower-security prison, and potentially advancing your release date.
These scores will come from your Presentence Investigation Report. If you want to influence these scores, then learn as much as possible before the PSI. We urge you to review the information available on our website. It will help you understand the importance of the PSR, and it will offer guidance on how to influence that PSR. If you need guidance, contact us today.
Higher-Security Prisons as Compared to Lower-Security Prisons
The security-level of a prison influences the level of liberty. As stated earlier in this chapter, about 18% of the federal prison population serves time in a minimum-security camp. More than 80% of the federal prison population serves time in higher-security prisons. Regardless of where a person starts the sentence, various factors can influence the security scoring. A change in security scoring can result in a transfer to either higher or lower security prison.
Learn how behavior in prison influences the Inmate Security Designation and Custody Classification. Although nothing but the passing of time will influence the Base Score, the Custody Score is more dynamic. In other words, behavior in prison can result in lowering or raising the Custody Score. By understanding how the Inmate Security Designation and Custody Classification system works, a person can choose to behave in ways that reflects a mastery of the system.
Experience in Different Security Levels:
As a founder of Prison Professors, I would be remiss if I did not share what I learned from serving time in prisons of every security level. I started my term in 1987. Initially authorities locked me inside a detention center in Miami. At the time, it was called the Metropolitan Correctional Center. Since then, the BOP changed MCC Miami into FCI Miami. When I started, I didn’t understand the system at all. I only cared about getting out of prison. Later, after a jury convicted me and a judge sentenced me, I changed my thought process. I wanted to leave prison successfully. Every decision that I made inside would put me on the trajectory of success.
What types of decisions will you make?
After being sentenced, authorities transferred me to the United States Penitentiary, in Atlanta. I had a 45-year term. Under the laws that existed at the time, I could earn credit for good behavior. As long as I didn’t lose any of those credits for good behavior, I could complete that term in 26 years. I started to set goals. I wanted to get out of prison at the soonest possible time. Further, I wanted to make sure that when I returned to society, I would be in the best possible position to succeed. I understood that there were some things I could not control. But I had opportunities to make decisions every day. Those decisions would lead me closer to success, or further away from success.
Coincidentally, Program Statement 5100.08 rewards decisions that I consider to be consistent with success. By avoiding disciplinary infractions in prison, I could put myself on a path to move to lower security levels. It wasn’t going to happen overnight. Yet by gradually working through programs in prison, I could begin to influence change. I could assess my environment. Although I couldn’t avoid the volatility of prison, I could make choices that would minimize my exposure to problems. I could choose jobs that would be more consistent with my goals. I could maneuver my way into the best possible housing situation. By understanding Program Statement 5100.08, I could succeed in a high-security penitentiary. I did not receive any disciplinary infractions. I earned an undergraduate degree. I successfully coordinated my transfer to the medium-security Federal Correctional Institution of my choice.
Once I got to the next stop, I repeated the process. At the soonest possible time, I transferred from the medium-security Federal Correctional Institution to the low-security Federal Correctional Institution of my choice. By the time I arrived, I had a master’s degree. While in the low-security prison, I continued the same pattern. While there, I married the love of my life. And at the soonest possible time, I transferred to a minimum-security camp. While there, I built many relationships that influenced my success in prison and beyond. Indeed, I met my co-founders at Prison Professors while I was serving time inside of those minimum-security federal prison camps.
Get Ready to Master Federal Prison
If you or a loved one is facing challenges with the criminal justice system, we urge you to understand the Inmate Security Designation and Custody Classification system. You may research the entire manual by reading Program Statement 5100.08. If you want a quick assessment of how the Bureau of Prisons will score you, turn to our free calculators at PrisonProfessors.com. The more you know about the system, the stronger you will become. As you restore confidence, you’ll make better decisions. Those better decisions will show that you’re a master of the system.
Regardless of where you serve your sentence, you can make decisions that will lead to a life of meaning and relevance. That said, we ask you to consider Maslow’s Hierarchy of Needs. We all have the basis need of safety. If you can maneuver your way into less-volatile environments, then we urge you to do so. By understanding the Inmate Security Designation and Custody Classification system, you’ll know how to seize upon opportunities to influence the scoring level. The sooner you get started, the better off you will be. Our courses and books at Prison Professors will help.
Contact us today if you want more personal assistance.
I'm Michael Santos with Prison Professors. Along with my partners, Shon Hopwood and Justin Paperny, we're glad to provide more information about how to prepare for the prison journey. Earlier episodes have given extensive biographical information on us. Complete your own due diligence. You'll see why we're exceptionally well qualified to help anyone who is going into the system.
More importantly, we're well qualified to help people who want to get out of the prison system successfully. Each of us succeeded after prison because we understood how to make good decisions as we worked our way through the journey. Always remember, the right decision at the wrong time is the wrong decision.
This episode is part of our series that we're calling how to prepare for prison. In the previous episode, we explained a bit about the process. As Dr. Stephen Covey advised in his best-selling book, it's always best to seek to understand before we seek to be understood.
In this segment of the Prison Professors podcast, we're going to discuss the importance of understanding stakeholders in the criminal justice system.
Federal Prison Hierarchy
To succeed in the federal prison system, it's crucial to understand how it operates. Our partner, Shon Hopwood, tells a story that might help us illustrate the point. When Shon began serving his sentence for armed bank robbery, he wanted out. Many people in prison want out.
Shon read a case that highlighted a favorable decision. He thought the legal ruling might apply to him. Shon wrote a motion and he filed his motion in a court that he thought would grant relief. The judge refused to accept Shon's motion. Instead, the judge offered advice. He suggested that if Shon wanted to get relief in court, it would behoove him to file in an appropriate court that would have jurisdiction on his case.
Obviously, Shon went on to master the judicial system. As Steve Kroft of 60 Minute said, while serving his sentence, Shon became the most successful "jailhouse" lawyer in history. The legal briefs that he wrote for other prisoners resulted in victories in the district courts, circuit courts, and the U.S. Supreme Court. His legal victories changed laws and resulted in liberty for many people in federal prison.
But if Shon did not learn how to master federal prison first, he would not have succeeded in mastering the federal judiciary, or become a skilled jailhouse lawyer. We must take first steps first. And for people going into the prison system, it's essential to understand how the Bureau of Prisons operates.
Branches of Government
Like the federal courts, the Federal Bureau of Prisons is a massive bureaucracy. Many years may have passed since some of our readers took a class in civics. As a quick reminder, our nation has three bodies of government. They include the following branches:
Our elected members of Congress make up the Legislative Branch of government. They include representatives from each of the 500+ districts in the United States, and they include the two senators that represent each state. Those members vote on legislation in both the Senate and the House of Representatives. Once they're in agreement, the legislative bills go to the President. If the President signs the legislative bills, they become laws.
In our country, we have more than 90 federal Judicial Districts. For example, in California, there are four separate federal Judicial Districts—including the Northern District Court, the Central District Court, the Southern District Court, and the Eastern District Court. Each of those Districts is part of a Circuit. We separate those Circuits by geographic regions. For example , California is in the Ninth Judicial Circuit. New York is in the Second Judicial Circuit. We have the U.S. Supreme Court that presides over all Circuit and District Courts. We have more than 1,000 federal judges that preside over the various courts. Each of the judges strives to ensure that people receive due process—meaning, the judges strive to apply fairness in the courts for all.
The Executive Branch of government oversees the many different applications of government. Our president appoints people who oversee the different departments. For our purposes, we know that the Attorney General of the United States oversees the Department of Justice. And the Attorney General of the United States oversees the Director of the Bureau of Prisons. For that reason, we must understand how the hierarchy operates.
Politics and Prisoners:
Earlier, I encouraged you to complete your due diligence on my partners and me. That way you could assess the veracity of our claim to have mastered our time in federal prison. It takes a lot of discipline to grow in prison. In my case, I went through 26 years.
By the time that I met our co-founder Justin Paperny in the Taft Federal Prison Camp, our country was going through a historic election. The economy was in the tank, sliding into the worst recession in recent memory. Unemployment was on the rise. Justin asked me why I followed the political race so closely.
As a prisoner, I explained, we must live with decisions that come down from the top. The president's perspective on governing will influence the policies that he wants to set. As a prisoner, we must live with those policies. If the president believes that people have a capacity to change, the president will appoint an Attorney General that shares that liberal viewpoint. If the president believes that we need to preserve the systems that are in place, then the president will appoint an Attorney General that shares such a conservative viewpoint. Policy shifts in prison will reflect the perceptions of both the president and the Attorney General.
To illustrate, let us provide two recent examples of such change.
The Second Chance Act provided prison administrators with new discretion regarding halfway house placement. Prior to the Second Chance Act, leaders in The Bureau of Prisons could authorize prisoners to serve the final six months of their sentences in a halfway house. After The Second Chance Act, leaders in The Bureau of Prisons could authorize prisoners to serve the final 12 months of their sentences in a halfway house.
Obviously, from a prisoner's perspective, 12 months in a halfway house would be better than six months in a halfway house. But it was up to the Bureau of Prisons to apply the law.
The U.S. Congress passed The Second Chance Act. But leadership in the BOP has discretion. When President Obama was in office, the Attorney General was Eric Holder. Under that administration, people in prison could have some influence on how much halfway house time they could receive. As a master of federal prison, I succeeded in putting myself on a pathway to get the full 12 months of halfway house. Similarly, as a master in the federal prison system, Justin succeeded in getting the maximum halfway house placement that was available to him.
In 2017, President Donald Trump appointed Jeff Sessions to serve as the Attorney General. Both President Trump and Attorney General Sessions had a different perspective. President Trump and AG Sessions had a conservative perspective, meaning that they believed that people should serve the maximum amount of time in federal prison. The 2017 administration cut funding to halfway houses.
But a master of federal prison would know how to cope with such change.
To prevail on maximum halfway house time—or any other matter pertaining to federal prison—Prison Professors urges people to understand the system. Pursue a strategy to get the best possible outcome, depending upon the political philosophy of the administration in power. The strategy that may result in success during a conservative administration may differ from the strategy that could result in success in a liberal administration.
To master federal prison quickly, make sure that you understand the political philosophy on both a macro and a micro level.
Directors of the Bureau of Prisons:
The Bureau of Prisons is a massive organization. It employs more than 40,000 staff members that serve in six different regions. Those regions include federal prisons in most states, halfway houses in all states, regional offices, training centers, and headquarters in Washington D.C. The Director of the Bureau of Prisons presides over the entire bureaucracy. He reports to the Attorney General of the United States.
For the nearly 200,000 federal prisoners, it's important to understand the different roles in the BOP. What is the role of the Director?
Well, the Director must make sure that the prison system is operating in accordance with the wishes of the Attorney General. And the Attorney General wants the Director to operate the Bureau of Prisons in accordance with the political philosophy of the President.
The Director is not going to express concern for individual prisoner issues. Rather, the Director focuses on systemic policies. When prisoners attempt to seek relief from the Director, the prisoner reveals a lack of understanding for how the system operates. Masters understand the system. And they learn how to succeed, given the limitations of the system itself.
Unless a prisoner wants to advocate for systemic change, it doesn't make sense for him to advance arguments at the highest levels of the Bureau of Prisons. In fact, doing so can cause problems. Leaders know that the right decision at the wrong time is the wrong decision. Although people in prison may see many injustices on a systemic level, as masters, we should always have a very clear perspective. How are we defining success? What battles are we striving to win? What price are we willing to pay in pursuit of success over our battles.
By focusing on victory as we define victory, we know where to concentrate our energy. It rarely works in our interest to seek relief from the highest levels of the Federal Bureau of Prisons.
To oversee the Bureau of Prisons, the Director relies upon a large team. That team includes a Deputy Director, several Acting Directors, and several Regional Directors. It would be highly unusual for any of those directors to make decisions regarding any individuals in prison. Rather, the directors rely upon their subordinates. We should expect the subordinates to make decisions in accordance with the political philosophies of the people in power. Directors set policies and oversee budgets. Subordinates carry out those policies.
Federal Prison, an Overview:
We know that the Bureau of Prisons is a massive bureaucracy. It includes many different divisions. People who want to master federal prison should broaden their understanding of how it operates. The more people understand, the more likely they become to get on the best trajectory.
Masters seek to understand more so that they can influence more.
Although a later chapter discusses custody and classification levels in detail, we can provide a brief overview here. The Bureau of Prisons categorizes in accordance with security levels. Consider the following:
Mastering the federal prison system requires some knowledge of the different types of institutions. The more we know about the Bureau of Prisons and the staff, the better we can position ourselves to get to the best possible environment.
All secure institutions include the following staff members:
Warden:
The warden is the CEO of the institution. Wardens have an enormous amount of influence with regard to how the prison operates. Some wardens make themselves approachable. To the extent that a person in prison positions himself well, he can influence the warden's perception.
As a prisoner, it's crucial to begin with a clear understanding of success. Exercise discretion when it comes to approaching a warden—or anyone else. Lay the groundwork first, before asking the warden to intervene on anything. Understand that the warden has enormous power with regard to every person in the prison. In the various books that Prison Professors have written, we described how wardens influenced our success through the journey. Pay close attention to the extensive amounts of back work that we did, and also note how we were selective when requesting assistance.
Associate Wardens:
The associate wardens are part of the warden's executive staff. They oversee various departments within the prison. For example, the Associate Warden of Programs will oversee unit staff. The Associate Warden of Operations will oversee facility management. The population level of the prison will influence how many AWs are available.
Department Heads:
Department heads oversee specific departments. For example, the Unit Manager oversees all case managers. A Unit Manager reports directly to the Associate Warden of Programs. The Unit Manager will ask inmates to resolve matters directly with the case manager.
Line Staff:
Line staff includes case managers, cook supervisors, counselors, landscape foreman, maintenance leaders, and others who work in various departments. They report to their respective department heads.
Case Managers:
Case managers oversee all matters that pertain to a person's case. Once the judge sentences a person "To the custody of the attorney general," that person becomes an "inmate" as far as concerns the system. And case managers will have direct oversight of the inmate. The inmate will not have a lawyer. The inmate must learn how to advocate for himself effectively. Case managers will be a key person to influence. Although policies guide decisions, there is always some discretion. A master will learn how to influence staff members in the Bureau of Prisons in a positive way.
Counselors:
Counselors in federal prison do not offer the type of counseling that someone outside of prison would expect. Rather, they perform jobs like approving visiting lists and assigning jobs. It's best to understand the limited role that counselors play in federal prison. That way, people spare themselves the disappointment that comes from expecting too much.
Influence and Manipulation
At Prison Professors, we discuss the long-term approach of influencing a positive outcome. That differs from shortsighted efforts to manipulate staff members. To influence does not mean to manipulate.
For obvious reasons, staff members are extremely cynical. Every day, staff members in prison work with convicted felons. Many of those people have criminal mindsets. That is why staff members expect inmates to lie. They expect inmates to do or say anything that will ease their burden. Masters of the system do not whine or complain about this reality. Rather, they learn how to work within the system, and how to succeed in spite of the challenges.
Masters know that the Bureau of Prisons invests a considerable amount of resources in staff development and staff training. Part of that training teaches staff members how "to be firm but fair." The Bureau of Prisons wants to make sure the public is safe, the prisons are safe, and the staff members are safe. As such, it's extremely conservative. Training encourages staff members to rely upon policy when making decisions, and it trains them to interpret those policies conservatively. For that reason, it's crucial for masters to understand all policies. By understanding the opportunity costs that come with every decision, masters can make better progress than those who flounder.
If you want to master federal prison, work through all of the programs available through PrisonProfessors.com. You will learn our strategies for making exceptional progress in prison. More importantly, you will learn how to succeed upon release.
I’m Michael Santos with Prison Professors. Along with my partners, Shon Hopwood and Justin Paperny, we’re glad to provide more information about how to prepare for the prison journey. Earlier episodes have given extensive biographical information on us. Complete your own due diligence. You’ll see why we’re exceptionally well qualified to help anyone who is going into the system.
More importantly, we’re well qualified to help people who want to get out of the prison system successfully. Each of us succeeded after prison because we understood how to make good decisions as we worked our way through the journey. Always remember, the right decision at the wrong time is the wrong decision.
This episode is part of our series that we’re calling how to prepare for prison. In the previous episode, we explained a bit about the process. As Dr. Stephen Covey advised in his best-selling book, it’s always best to seek to understand before we seek to be understood.
In this segment of the Prison Professors podcast, we’re going to discuss the importance of understanding stakeholders in the criminal justice system.
Federal Prison Hierarchy
To succeed in the federal prison system, it’s crucial to understand how it operates. Our partner, Shon Hopwood, tells a story that might help us illustrate the point. When Shon began serving his sentence for armed bank robbery, he wanted out. Many people in prison want out.
Shon read a case that highlighted a favorable decision. He thought the legal ruling might apply to him. Shon wrote a motion and he filed his motion in a court that he thought would grant relief. The judge refused to accept Shon’s motion. Instead, the judge offered advice. He suggested that if Shon wanted to get relief in court, it would behoove him to file in an appropriate court that would have jurisdiction on his case.
Obviously, Shon went on to master the judicial system. As Steve Kroft of 60 Minute said, while serving his sentence, Shon became the most successful “jailhouse” lawyer in history. The legal briefs that he wrote for other prisoners resulted in victories in the district courts, circuit courts, and the U.S. Supreme Court. His legal victories changed laws and resulted in liberty for many people in federal prison.
But if Shon did not learn how to master federal prison first, he would not have succeeded in mastering the federal judiciary, or become a skilled jailhouse lawyer. We must take first steps first. And for people going into the prison system, it’s essential to understand how the Bureau of Prisons operates.
Branches of Government
Like the federal courts, the Federal Bureau of Prisons is a massive bureaucracy. Many years may have passed since some of our readers took a class in civics. As a quick reminder, our nation has three bodies of government. They include the following branches:
Our elected members of Congress make up the Legislative Branch of government. They include representatives from each of the 500+ districts in the United States, and they include the two senators that represent each state. Those members vote on legislation in both the Senate and the House of Representatives. Once they’re in agreement, the legislative bills go to the President. If the President signs the legislative bills, they become laws.
In our country, we have more than 90 federal Judicial Districts. For example, in California, there are four separate federal Judicial Districts—including the Northern District Court, the Central District Court, the Southern District Court, and the Eastern District Court. Each of those Districts is part of a Circuit. We separate those Circuits by geographic regions. For example , California is in the Ninth Judicial Circuit. New York is in the Second Judicial Circuit. We have the U.S. Supreme Court that presides over all Circuit and District Courts. We have more than 1,000 federal judges that preside over the various courts. Each of the judges strives to ensure that people receive due process—meaning, the judges strive to apply fairness in the courts for all.
The Executive Branch of government oversees the many different applications of government. Our president appoints people who oversee the different departments. For our purposes, we know that the Attorney General of the United States oversees the Department of Justice. And the Attorney General of the United States oversees the Director of the Bureau of Prisons. For that reason, we must understand how the hierarchy operates.
Politics and Prisoners:
Earlier, I encouraged you to complete your due diligence on my partners and me. That way you could assess the veracity of our claim to have mastered our time in federal prison. It takes a lot of discipline to grow in prison. In my case, I went through 26 years.
By the time that I met our co-founder Justin Paperny in the Taft Federal Prison Camp, our country was going through a historic election. The economy was in the tank, sliding into the worst recession in recent memory. Unemployment was on the rise. Justin asked me why I followed the political race so closely.
As a prisoner, I explained, we must live with decisions that come down from the top. The president’s perspective on governing will influence the policies that he wants to set. As a prisoner, we must live with those policies. If the president believes that people have a capacity to change, the president will appoint an Attorney General that shares that liberal viewpoint. If the president believes that we need to preserve the systems that are in place, then the president will appoint an Attorney General that shares such a conservative viewpoint. Policy shifts in prison will reflect the perceptions of both the president and the Attorney General.
To illustrate, let us provide two recent examples of such change.
The Second Chance Act provided prison administrators with new discretion regarding halfway house placement. Prior to the Second Chance Act, leaders in The Bureau of Prisons could authorize prisoners to serve the final six months of their sentences in a halfway house. After The Second Chance Act, leaders in The Bureau of Prisons could authorize prisoners to serve the final 12 months of their sentences in a halfway house.
Obviously, from a prisoner’s perspective, 12 months in a halfway house would be better than six months in a halfway house. But it was up to the Bureau of Prisons to apply the law.
The U.S. Congress passed The Second Chance Act. But leadership in the BOP has discretion. When President Obama was in office, the Attorney General was Eric Holder. Under that administration, people in prison could have some influence on how much halfway house time they could receive. As a master of federal prison, I succeeded in putting myself on a pathway to get the full 12 months of halfway house. Similarly, as a master in the federal prison system, Justin succeeded in getting the maximum halfway house placement that was available to him.
In 2017, President Donald Trump appointed Jeff Sessions to serve as the Attorney General. Both President Trump and Attorney General Sessions had a different perspective. President Trump and AG Sessions had a conservative perspective, meaning that they believed that people should serve the maximum amount of time in federal prison. The 2017 administration cut funding to halfway houses.
But a master of federal prison would know how to cope with such change.
To prevail on maximum halfway house time—or any other matter pertaining to federal prison—Prison Professors urges people to understand the system. Pursue a strategy to get the best possible outcome, depending upon the political philosophy of the administration in power. The strategy that may result in success during a conservative administration may differ from the strategy that could result in success in a liberal administration.
To master federal prison quickly, make sure that you understand the political philosophy on both a macro and a micro level.
Directors of the Bureau of Prisons:
The Bureau of Prisons is a massive organization. It employs more than 40,000 staff members that serve in six different regions. Those regions include federal prisons in most states, halfway houses in all states, regional offices, training centers, and headquarters in Washington D.C. The Director of the Bureau of Prisons presides over the entire bureaucracy. He reports to the Attorney General of the United States.
For the nearly 200,000 federal prisoners, it’s important to understand the different roles in the BOP. What is the role of the Director?
Well, the Director must make sure that the prison system is operating in accordance with the wishes of the Attorney General. And the Attorney General wants the Director to operate the Bureau of Prisons in accordance with the political philosophy of the President.
The Director is not going to express concern for individual prisoner issues. Rather, the Director focuses on systemic policies. When prisoners attempt to seek relief from the Director, the prisoner reveals a lack of understanding for how the system operates. Masters understand the system. And they learn how to succeed, given the limitations of the system itself.
Unless a prisoner wants to advocate for systemic change, it doesn’t make sense for him to advance arguments at the highest levels of the Bureau of Prisons. In fact, doing so can cause problems. Leaders know that the right decision at the wrong time is the wrong decision. Although people in prison may see many injustices on a systemic level, as masters, we should always have a very clear perspective. How are we defining success? What battles are we striving to win? What price are we willing to pay in pursuit of success over our battles.
By focusing on victory as we define victory, we know where to concentrate our energy. It rarely works in our interest to seek relief from the highest levels of the Federal Bureau of Prisons.
To oversee the Bureau of Prisons, the Director relies upon a large team. That team includes a Deputy Director, several Acting Directors, and several Regional Directors. It would be highly unusual for any of those directors to make decisions regarding any individuals in prison. Rather, the directors rely upon their subordinates. We should expect the subordinates to make decisions in accordance with the political philosophies of the people in power. Directors set policies and oversee budgets. Subordinates carry out those policies.
Federal Prison, an Overview:
We know that the Bureau of Prisons is a massive bureaucracy. It includes many different divisions. People who want to master federal prison should broaden their understanding of how it operates. The more people understand, the more likely they become to get on the best trajectory.
Masters seek to understand more so that they can influence more.
Although a later chapter discusses custody and classification levels in detail, we can provide a brief overview here. The Bureau of Prisons categorizes in accordance with security levels. Consider the following:
Mastering the federal prison system requires some knowledge of the different types of institutions. The more we know about the Bureau of Prisons and the staff, the better we can position ourselves to get to the best possible environment.
All secure institutions include the following staff members:
Warden:
The warden is the CEO of the institution. Wardens have an enormous amount of influence with regard to how the prison operates. Some wardens make themselves approachable. To the extent that a person in prison positions himself well, he can influence the warden’s perception.
As a prisoner, it’s crucial to begin with a clear understanding of success. Exercise discretion when it comes to approaching a warden—or anyone else. Lay the groundwork first, before asking the warden to intervene on anything. Understand that the warden has enormous power with regard to every person in the prison. In the various books that Prison Professors have written, we described how wardens influenced our success through the journey. Pay close attention to the extensive amounts of back work that we did, and also note how we were selective when requesting assistance.
Associate Wardens:
The associate wardens are part of the warden’s executive staff. They oversee various departments within the prison. For example, the Associate Warden of Programs will oversee unit staff. The Associate Warden of Operations will oversee facility management. The population level of the prison will influence how many AWs are available.
Department Heads:
Department heads oversee specific departments. For example, the Unit Manager oversees all case managers. A Unit Manager reports directly to the Associate Warden of Programs. The Unit Manager will ask inmates to resolve matters directly with the case manager.
Line Staff:
Line staff includes case managers, cook supervisors, counselors, landscape foreman, maintenance leaders, and others who work in various departments. They report to their respective department heads.
Case Managers:
Case managers oversee all matters that pertain to a person’s case. Once the judge sentences a person “To the custody of the attorney general,” that person becomes an “inmate” as far as concerns the system. And case managers will have direct oversight of the inmate. The inmate will not have a lawyer. The inmate must learn how to advocate for himself effectively. Case managers will be a key person to influence. Although policies guide decisions, there is always some discretion. A master will learn how to influence staff members in the Bureau of Prisons in a positive way.
Counselors:
Counselors in federal prison do not offer the type of counseling that someone outside of prison would expect. Rather, they perform jobs like approving visiting lists and assigning jobs. It’s best to understand the limited role that counselors play in federal prison. That way, people spare themselves the disappointment that comes from expecting too much.
Influence and Manipulation
At Prison Professors, we discuss the long-term approach of influencing a positive outcome. That differs from shortsighted efforts to manipulate staff members. To influence does not mean to manipulate.
For obvious reasons, staff members are extremely cynical. Every day, staff members in prison work with convicted felons. Many of those people have criminal mindsets. That is why staff members expect inmates to lie. They expect inmates to do or say anything that will ease their burden. Masters of the system do not whine or complain about this reality. Rather, they learn how to work within the system, and how to succeed in spite of the challenges.
Masters know that the Bureau of Prisons invests a considerable amount of resources in staff development and staff training. Part of that training teaches staff members how “to be firm but fair.” The Bureau of Prisons wants to make sure the public is safe, the prisons are safe, and the staff members are safe. As such, it’s extremely conservative. Training encourages staff members to rely upon policy when making decisions, and it trains them to interpret those policies conservatively. For that reason, it’s crucial for masters to understand all policies. By understanding the opportunity costs that come with every decision, masters can make better progress than those who flounder.
If you want to master federal prison, work through all of the programs available through PrisonProfessors.com. You will learn our strategies for making exceptional progress in prison. More importantly, you will learn how to succeed upon release.
I'm Michael Santos and I want to welcome you to another Prison Professors podcast episode. Earlier episodes provided you with the background information on my partners and me. Today we're recording a series of five podcasts that will help our listeners understand a bit more about the process of going into the criminal justice system.
As of now, I have five episodes planned. They include the following:
Understanding the Process
We're going to start by paraphrasing Stephen Covey. In his timeless bestseller, The Seven Habits of Highly Effective People, Dr. Covey advised that we should try to understand before we try to be understood.
That guidance applies to anyone who wants to master prison. We're recording this series of episodes of the Prison Professors podcast specifically for people who anticipate that they may go into the criminal justice system. Those who have a solid understanding of the system may want to skip this episode.
Our goal is to help listeners make decisions that will put them on the path for the best possible outcome.
And the best possible outcome requires good decisions. To make good decisions going forward, we need to understand how the process works. So let's begin with some instructions on how someone goes into the criminal justice system.
The Investigation:
Investigators frequently start the process. Those investigators may work as part of the SEC, the IRS, the FBI, or the DEA. Allegations of misconduct can lead to an investigation. During that investigation phase, agents will collect evidence. The agents will work closely with federal prosecutors. The federal prosecutors will make a decision on how to proceed. If they want to charge a person with a crime, they have different options.
But once investigators and prosecutors decide to bring charges, especially in the federal system, the person becomes a defendant.
The Charge:
When prosecutors choose to bring a case against someone, chances for a conviction become exceedingly high. At first, the person may be a "target" of an investigation. The investigation can take place secretly, with a grand jury.
In the grand jury proceeding, a prosecutor puts together a group of citizens. Those citizens listen to evidence that the prosecutor presents. That evidence includes live testimony from investigators and other witnesses. Grand jury members listen to the witnesses respond to the leading questions from the prosecutor. At some point, the prosecutor will ask the members of the grand jury to "indict" the target of the investigation.
In some cases, prosecutors use a less formal way of charging people. Rather than going through a grand jury, they may file a "criminal information." The criminal information can result from an agreement that the prosecutor makes with the defense team.
Regardless of how prosecutors bring charges, things change. To start, a person becomes a defendant. We have all heard stories that in our country, we have a presumption of innocence. Yet few people who have been charged with a federal crime recognize that distinction.
Statistics show the consequences. We encourage our listeners to do their own research. Simply type into Google "United States Attorneys' Annual Statistical Report." Or download it from our website at PrisonProfessors.com.
Read the data. That data should help people make better decisions as they advance through the process.
At our website, PrisonProfessors.com, we offer an abundance of articles, blogs, and videos that will help people understand more about the criminal justice system. Learn as much as possible. We do not dispense legal advice, but we provide a lot of content that will help our audience make better decisions.
Our co-founder, Shon Hopwood, is a lawyer. But he does not use our site to provide legal advice. To participate in litigation, Shon would need to know details of the case. Details of a case require many hours of research, and time comes at a premium. We trust that our listeners will have a solid legal team in place to advise them.
On the other hand, we members of our audience to understand the opportunity costs that come with every decision. Those who want to master prison quickly should realize implications of every decision along the way. We make better decisions when we have a more complete understanding of the process.
The Defense Attorney:
Once prosecutors charge a person, the defendant will need a defense attorney. If a client does not have the resources to hire a defense attorney, the Court will provide an attorney. The court-appointed attorney may be a part of the federal defenders. Or the court-appointed at torney may be a defense attorney that agrees to work on the CJA panel. Every federal judicial district has a roster of attorneys who are experienced in federal court.
Regardless of whether the defense attorney serves on the panel or with the federal defenders, that person will have been exposed to extensive amounts of training and resources. Federal defenders and panel attorneys are well qualified to represent defendants in federal court.
Other defendants may retain counsel. Attorneys who have extensive practice in federal court charge a premium. Hourly fees for defense attorneys with experience in federal court depend upon how long the attorney has been practicing and geographical locations. Defendants should expect to spend tens of thousands for any representation in federal court. For those who lack access to capital, we urge defendants to use federal defenders rather than hire an attorney who lacks experience in federal court.
Our team has a process for vetting defense attorneys in federal court. We also offer consulting services to assist defendants who need this guidance. Your defense attorney will become an essential part of your team, so choose wisely.
The Plea:
If prosecutors bring charges against a defendant, a plea hearing will follow. That plea hearing can happen quickly, or it can be postponed. We work with some defendants who may wait for years before they actually face charges and enter a plea. In most cases, people enter not-guilty plea hearings. Then, after defense attorneys work out the most favorable deal, defendants change their plea to guilty in accordance with the plea agreement.
Let's talk about pleading guilty.
Pleading Guilty:
Entering a guilty plea is a formal proceeding. There will not be much conversation. Early in the hearing, the defense attorney will let the judge know that the defendant wants to enter a plea, or a change of plea. The judge will then ask the defendant to rise. The defendant must swear to tell the truth, under penalty of perjury. The judge will let the defendant know that he is not bound by any deal the prosecutor may have made. The defendant must acknowledge that he understands. After the judge is satisfied that the defendant understands, the judge will read each criminal charge. Then the judge will ask the defendant if he is guilty of the charge. The defendant will not have an opportunity to explain or elaborate. He will simply say, "I plead guilty." Opportunities for explanations and elaborations will come much later.
Pleading Not Guilty:
If the defendant persists with a "not guilty" plea, a trial will follow. The trial can last for days, weeks, or months. During the trial, prosecutors will present evidence. The defense attorney will argue to discredit the evidence. The judge will decide what evidence the jury will hear. And in time, the jury will render a verdict. If the verdict is not guilty, the judge will release the defendant—and he can go home. If the verdict is guilty, the process will continue with a Presentence Investigation.
Presentence Investigation:
A federal probation officer will begin the Presentence Investigation (PSI) by reviewing a report from the federal prosecutor. That prosecutor's report will present the government's version of events. Probation officers will cut and paste the prosecutor's version of events into a report that is known as the Presentence Investigation Report, or PSR.
To continue the investigation, the probation officer will speak with the defendant. The defense attorney should be present during the PSI interview. If a defense attorney chooses not to prepare the defendant for the PSI, the defendant will have a red flag; he is not being advised appropriately. Defendants should take every effort to prepare for the PSI, as it will have lasting implications. Those implications stick around long after the sentencing hearing.
During the PSI interview, the probation officer will ask the defendant about what he or she has to say about the offense. We advise defendants to prepare for this question. Ideally, the defendant will have written a narrative in advance. The defendant can explain the process by thinking through the content of that narrative.
According to video interviews our team has done with federal judges, which are available on our YouTube channel, that PSR can have an enormous influence at sentencing. Further, it will have an influence on placement in the Bureau of Prisons. The PSR will influence the journey in prison. It will influence when the defendant transfers back into the community. And it will influence the level of liberty the defendant has while on Supervised Release. For those reasons, we urge defendants to take every opportunity to understand the presentence investigation, and to prepare.
Fortune, as you know, always favors those who prepare.
The probation officer will conclude the investigation with an extensive presentence investigation report. The PSR will include what the probation officer learned from the defendant and also from other people who are related to the defendant. That may include family members, it may include employers, it may include creditors, it may include victims.
The PSR will include both objective and subjective information. The objective information includes information about the conviction. It will also include information that will influence the federal sentencing guidelines. Those federal sentencing guidelines are complex. We urge defendants to learn how various factors influence those guidelines. Also, it's crucial for defendants to know how they can work to get the most favorable outcome during the sentencing hearing. It all starts with the presentence investigation report.
Sentencing Hearing:
Learn and understand about sentencing hearings before the inevitable date. Unfortunately, when federal prosecutors bring charges, more than 80 percent of the defendants face a sentencing hearing. Influencing the outcome with a well thought-out sentence-mitigation strategy—that is essential. Learn what steps you can take to move the needle in your direction. Although every case is different, and requires a highly customized approach, we can provide some bullet point suggestions.
For example:
Designation in the Bureau of Prisons:
In some cases, a comprehensive strategy will result in an alternative sanction that does not include time in custody. Our team at Prison Professors does its best to help defendants who want to advance arguments for a non-custodial sentence. No one can change the past, but we all can sow seeds for a better future. Unfortunately, in most cases, sentences include prison. When prison becomes part of the journey, the next step after the sentencing hearing will be for the Bureau of Prisons to assign the appropriate prison.
Several factors go into the equation of prison designations. The Bureau of Prisons relies upon the latest edition of Program Statement 5100 to determine prison designations. The complicated matrix assigns points to objective factors that include criminal history, type of offense, severity of crime, and so forth. A variance table makes additional adjustments. Public Safety Factors and Management Variables can also influence the custody and classification. Our website includes a calculator that calculates the point system.
Besides custody and classification scoring, the Bureau of Prisons will also consider judicial recommendations, medical needs, prison population levels, institutional needs, and geographical locations. All of those factors go into consideration of the Bureau of Prisons' decisions. Then, the BOP will order the prisoner to begin serving the sentence in a specific prison.
Defendants should learn everything they can about the designation process. The more they understand, the better prepared they become to influence where they will serve the time. Although we can master any environment, the earlier we get started in mastering the process, the better off we are.
Isn't that always the case in life?
Serving the Sentence:
Success through any prison journey begins with a clear understanding. When we can define what success looks like on the other side of the journey, we have a start. The heart of this book will describe how to take us from where we are today, to the life we want to create. Although many of us would like to change the past, we master the system when we deal with the world as it exists—rather than as we would like it to be.
Our team at PrisonProfessors.com will help you every step of the way.
Outro:
Thank you for listening to Chapter 1 of our free ebook, How to Master Federal Prison—Quickly. To get the entire free ebook at once, take one of the following actions:
We will send you a copy instantly.
Shon Hopwood and Justin Paperny are my partners at Prison Professors. I'm Michael Santos. Our team creates digital content and we offer consulting services.
We assist people who face challenges with prosecution, sentencing, and prison.
We also assist agencies that want to improve outcomes in their institutions. Our clients include individuals, law firms, state and federal prison systems, the courts, and school districts.
Visit us at PrisonProfessors.com or contact Justin at 818-424-2220 to learn more. Subscribe to our podcast on iTunes. And please leave us an honest review!
Stay tuned for another 20 to 30 minute episode with Prison Professors.
I’m Michael Santos and I want to welcome you to another Prison Professors podcast episode. Earlier episodes provided you with the background information on my partners and me. Today we’re recording a series of five podcasts that will help our listeners understand a bit more about the process of going into the criminal justice system.
As of now, I have five episodes planned. They include the following:
Understanding the Process
We’re going to start by paraphrasing Stephen Covey. In his timeless bestseller, The Seven Habits of Highly Effective People, Dr. Covey advised that we should try to understand before we try to be understood.
That guidance applies to anyone who wants to master prison. We’re recording this series of episodes of the Prison Professors podcast specifically for people who anticipate that they may go into the criminal justice system. Those who have a solid understanding of the system may want to skip this episode.
Our goal is to help listeners make decisions that will put them on the path for the best possible outcome.
And the best possible outcome requires good decisions. To make good decisions going forward, we need to understand how the process works. So let’s begin with some instructions on how someone goes into the criminal justice system.
The Investigation:
Investigators frequently start the process. Those investigators may work as part of the SEC, the IRS, the FBI, or the DEA. Allegations of misconduct can lead to an investigation. During that investigation phase, agents will collect evidence. The agents will work closely with federal prosecutors. The federal prosecutors will make a decision on how to proceed. If they want to charge a person with a crime, they have different options.
But once investigators and prosecutors decide to bring charges, especially in the federal system, the person becomes a defendant.
The Charge:
When prosecutors choose to bring a case against someone, chances for a conviction become exceedingly high. At first, the person may be a “target” of an investigation. The investigation can take place secretly, with a grand jury.
In the grand jury proceeding, a prosecutor puts together a group of citizens. Those citizens listen to evidence that the prosecutor presents. That evidence includes live testimony from investigators and other witnesses. Grand jury members listen to the witnesses respond to the leading questions from the prosecutor. At some point, the prosecutor will ask the members of the grand jury to “indict” the target of the investigation.
In some cases, prosecutors use a less formal way of charging people. Rather than going through a grand jury, they may file a “criminal information.” The criminal information can result from an agreement that the prosecutor makes with the defense team.
Regardless of how prosecutors bring charges, things change. To start, a person becomes a defendant. We have all heard stories that in our country, we have a presumption of innocence. Yet few people who have been charged with a federal crime recognize that distinction.
Statistics show the consequences. We encourage our listeners to do their own research. Simply type into Google “United States Attorneys’ Annual Statistical Report.” Or download it from our website at PrisonProfessors.com.
Read the data. That data should help people make better decisions as they advance through the process.
At our website, PrisonProfessors.com, we offer an abundance of articles, blogs, and videos that will help people understand more about the criminal justice system. Learn as much as possible. We do not dispense legal advice, but we provide a lot of content that will help our audience make better decisions.
Our co-founder, Shon Hopwood, is a lawyer. But he does not use our site to provide legal advice. To participate in litigation, Shon would need to know details of the case. Details of a case require many hours of research, and time comes at a premium. We trust that our listeners will have a solid legal team in place to advise them.
On the other hand, we members of our audience to understand the opportunity costs that come with every decision. Those who want to master prison quickly should realize implications of every decision along the way. We make better decisions when we have a more complete understanding of the process.
The Defense Attorney:
Once prosecutors charge a person, the defendant will need a defense attorney. If a client does not have the resources to hire a defense attorney, the Court will provide an attorney. The court-appointed attorney may be a part of the federal defenders. Or the court-appointed at torney may be a defense attorney that agrees to work on the CJA panel. Every federal judicial district has a roster of attorneys who are experienced in federal court.
Regardless of whether the defense attorney serves on the panel or with the federal defenders, that person will have been exposed to extensive amounts of training and resources. Federal defenders and panel attorneys are well qualified to represent defendants in federal court.
Other defendants may retain counsel. Attorneys who have extensive practice in federal court charge a premium. Hourly fees for defense attorneys with experience in federal court depend upon how long the attorney has been practicing and geographical locations. Defendants should expect to spend tens of thousands for any representation in federal court. For those who lack access to capital, we urge defendants to use federal defenders rather than hire an attorney who lacks experience in federal court.
Our team has a process for vetting defense attorneys in federal court. We also offer consulting services to assist defendants who need this guidance. Your defense attorney will become an essential part of your team, so choose wisely.
The Plea:
If prosecutors bring charges against a defendant, a plea hearing will follow. That plea hearing can happen quickly, or it can be postponed. We work with some defendants who may wait for years before they actually face charges and enter a plea. In most cases, people enter not-guilty plea hearings. Then, after defense attorneys work out the most favorable deal, defendants change their plea to guilty in accordance with the plea agreement.
Let’s talk about pleading guilty.
Pleading Guilty:
Entering a guilty plea is a formal proceeding. There will not be much conversation. Early in the hearing, the defense attorney will let the judge know that the defendant wants to enter a plea, or a change of plea. The judge will then ask the defendant to rise. The defendant must swear to tell the truth, under penalty of perjury. The judge will let the defendant know that he is not bound by any deal the prosecutor may have made. The defendant must acknowledge that he understands. After the judge is satisfied that the defendant understands, the judge will read each criminal charge. Then the judge will ask the defendant if he is guilty of the charge. The defendant will not have an opportunity to explain or elaborate. He will simply say, “I plead guilty.” Opportunities for explanations and elaborations will come much later.
Pleading Not Guilty:
If the defendant persists with a “not guilty” plea, a trial will follow. The trial can last for days, weeks, or months. During the trial, prosecutors will present evidence. The defense attorney will argue to discredit the evidence. The judge will decide what evidence the jury will hear. And in time, the jury will render a verdict. If the verdict is not guilty, the judge will release the defendant—and he can go home. If the verdict is guilty, the process will continue with a Presentence Investigation.
Presentence Investigation:
A federal probation officer will begin the Presentence Investigation (PSI) by reviewing a report from the federal prosecutor. That prosecutor’s report will present the government’s version of events. Probation officers will cut and paste the prosecutor’s version of events into a report that is known as the Presentence Investigation Report, or PSR.
To continue the investigation, the probation officer will speak with the defendant. The defense attorney should be present during the PSI interview. If a defense attorney chooses not to prepare the defendant for the PSI, the defendant will have a red flag; he is not being advised appropriately. Defendants should take every effort to prepare for the PSI, as it will have lasting implications. Those implications stick around long after the sentencing hearing.
During the PSI interview, the probation officer will ask the defendant about what he or she has to say about the offense. We advise defendants to prepare for this question. Ideally, the defendant will have written a narrative in advance. The defendant can explain the process by thinking through the content of that narrative.
According to video interviews our team has done with federal judges, which are available on our YouTube channel, that PSR can have an enormous influence at sentencing. Further, it will have an influence on placement in the Bureau of Prisons. The PSR will influence the journey in prison. It will influence when the defendant transfers back into the community. And it will influence the level of liberty the defendant has while on Supervised Release. For those reasons, we urge defendants to take every opportunity to understand the presentence investigation, and to prepare.
Fortune, as you know, always favors those who prepare.
The probation officer will conclude the investigation with an extensive presentence investigation report. The PSR will include what the probation officer learned from the defendant and also from other people who are related to the defendant. That may include family members, it may include employers, it may include creditors, it may include victims.
The PSR will include both objective and subjective information. The objective information includes information about the conviction. It will also include information that will influence the federal sentencing guidelines. Those federal sentencing guidelines are complex. We urge defendants to learn how various factors influence those guidelines. Also, it’s crucial for defendants to know how they can work to get the most favorable outcome during the sentencing hearing. It all starts with the presentence investigation report.
Sentencing Hearing:
Learn and understand about sentencing hearings before the inevitable date. Unfortunately, when federal prosecutors bring charges, more than 80 percent of the defendants face a sentencing hearing. Influencing the outcome with a well thought-out sentence-mitigation strategy—that is essential. Learn what steps you can take to move the needle in your direction. Although every case is different, and requires a highly customized approach, we can provide some bullet point suggestions.
For example:
Designation in the Bureau of Prisons:
In some cases, a comprehensive strategy will result in an alternative sanction that does not include time in custody. Our team at Prison Professors does its best to help defendants who want to advance arguments for a non-custodial sentence. No one can change the past, but we all can sow seeds for a better future. Unfortunately, in most cases, sentences include prison. When prison becomes part of the journey, the next step after the sentencing hearing will be for the Bureau of Prisons to assign the appropriate prison.
Several factors go into the equation of prison designations. The Bureau of Prisons relies upon the latest edition of Program Statement 5100 to determine prison designations. The complicated matrix assigns points to objective factors that include criminal history, type of offense, severity of crime, and so forth. A variance table makes additional adjustments. Public Safety Factors and Management Variables can also influence the custody and classification. Our website includes a calculator that calculates the point system.
Besides custody and classification scoring, the Bureau of Prisons will also consider judicial recommendations, medical needs, prison population levels, institutional needs, and geographical locations. All of those factors go into consideration of the Bureau of Prisons’ decisions. Then, the BOP will order the prisoner to begin serving the sentence in a specific prison.
Defendants should learn everything they can about the designation process. The more they understand, the better prepared they become to influence where they will serve the time. Although we can master any environment, the earlier we get started in mastering the process, the better off we are.
Isn’t that always the case in life?
Serving the Sentence:
Success through any prison journey begins with a clear understanding. When we can define what success looks like on the other side of the journey, we have a start. The heart of this book will describe how to take us from where we are today, to the life we want to create. Although many of us would like to change the past, we master the system when we deal with the world as it exists—rather than as we would like it to be.
Our team at PrisonProfessors.com will help you every step of the way.
Outro:
Thank you for listening to Chapter 1 of our free ebook, How to Master Federal Prison—Quickly. To get the entire free ebook at once, take one of the following actions:
We will send you a copy instantly.
Shon Hopwood and Justin Paperny are my partners at Prison Professors. I’m Michael Santos. Our team creates digital content and we offer consulting services.
We assist people who face challenges with prosecution, sentencing, and prison.
We also assist agencies that want to improve outcomes in their institutions. Our clients include individuals, law firms, state and federal prison systems, the courts, and school districts.
Visit us at PrisonProfessors.com or contact Justin at 818-424-2220 to learn more. Subscribe to our podcast on iTunes. And please leave us an honest review!
Stay tuned for another 20 to 30 minute episode with Prison Professors.
Justin Paperny is a co-founder of Prison Professors. He leads our marketing and consulting divisions.
Justin Paperny went to federal prison after he pleaded guilty to violating securities laws. As a graduate of the University of Southern California, Justin, and a licensed stockbroker, Justin didn't have insight. As a white collar offender, he didn't know where to turn for guidance. Without guidance, he was lost, without a pathway to prepare.
Justin surrendered to the minimum-security federal prison camp in Taft, California. He didn't have a plan. In his interview today on the Prison Professors podcast, Justin describes his initial thoughts. He wanted to spend time exercising. He simply wanted the time to pass.
During his first several weeks in prison, Justin says that he found a new path. He describes learning how to serve his sentence in a deliberate manner. Insteading of waiting for time to pass, he started working toward goals. Those goals would lead Justin to return to society successfully.
The methodical activities Justin pursued while he served his sentence for securities fraud led Justin to build confidence. Rather than wasting time, he began investing time. He wrote to document his journey. When he left prison, he had a book to help launch his career. With Lessons From Prison, Justin began building platforms that would we would use to build digital businesses.
Justin concluded his sentence in 2009. With Lessons From Prison, he began building the new business. He connected with many lawyers. Those lawyers represented white collar offenders. Justin began to provide mentoring and coaching to those people. With his help, those people prepared. They put themselves on a path to get the lowest possible sentence and have the best possible experience.
Since concluding his sentence for securities fraud, Justin has mentored, coached, and consulted several hundred people. Besides PrisonProfessors.com, Justin operates WhiteCollarAdvice.com. He also operates BrandingFast.com. All of those ventures help people in struggle make better decisions.
Hello, hello. My name is Michael Santos and I welcome you to our new Prison Professors podcast. As stated in the intro, I'm part of a team that includes two co-founders, Shon Hopwood and Justin Paperny.
Every day we'll publish a new Prison Professors episode. What do we mean by every day? We mean every day.
Why would we do this? Well, we have a lot of reasons. Primarily, we want to teach our audience about America's prison system, the people it holds, and strategies for growing through prison successfully.
Over the past few years, we've seen a lot more interest in the prison system. The big interest began when Michele Alexander published her amazing book, The New Jim Crow. Ms. Alexander's book launched an entire movement that brought awareness to mass incarceration. Since then, Netflix dramatized Piper Kernan's book, Orange is the New Black. At the same time, television networks began publishing all types of shows that sensationalized the prison experience. Recently, Ear Hustle became all the rage by profiling lives of men serving time inside of San Quentin.
Prisons have become mainstream. But the message of intergenerational failure isn't something that we want to promote.
At Prison Professors, we offer something different.
When we prepared to launch Prison Professors, people questioned the graphics we chose. Overall, people didn't relate to people in suits going to prison. And it's true. Our prisons incarcerate disenfranchised people of color more than anyone else. Our team does a lot of work to reform prison and sentencing systems across the United States. With our Prison Professors podcast, however, we strive to disrupt the thinking about America's prison system. Our logo may be one way to start.
Our nation confines more than 2 million people. We incarcerate more people per capita than any nation on earth. At Prison Professors, we don't complain about these troubling statistics. Nor do we make any judgment on the influences or decisions that led people to prison. We know that anyone can go to prison.
With our podcast, we strive to show people the best possible outcomes. We strive to disrupt the thinking of taxpayers and anyone going into the prison system. Rather than complaining about how bad our prison system is, or why mass incarceration represents one of the greatest social injustices of our time, we strive to show people pathway to success. Our team has always believed that we need to live in the world as it exists—not as we would like it to be.
The truth is, our government has passed thousands of laws that can lead people to prison. And a felony conviction can result in lifelong complications. Those complications derail prospects for happiness. They can have ancillary consequences that include under employment upon release—or no employment. They can lead to a lack of access to housing, to financing, to social services. Those are realities. At Prison Professors, we want to help people who must content with such struggles. We want to show pathways to success in spite of such struggles.
For that reason, we offer new content every day.
We will structure our Prison Professors podcast in one of two formats. Either I'll narrate an episode or I'll interview a guest. Some episodes will stand-alone. Other episodes will work together as part of a series on a specific subject. For example, you may enjoy our upcoming multi-part series on how to master prison quickly. Or you may want to learn from our series on Scott Tucker, which we title Billionaires Preparing for Prison.
At Prison Professors, our team helps people master the prison experience. Through our podcast, we'll bring more awareness. And we'd like to offer suggestions on how people can make it through the journey strong, with their dignity in tact. Our Prison Professors podcast offers daily insight for people who want the best possible outcome.
My co-founders and I have a great deal of experience with the prison system. Through our website at PrisonProfessors.com, we offer an index with notes on all shows. We encourage you to visit PrisonProfessors.com. Enter your name to become a member of our mailing list, or follow us on social media. Subscribe to our channel on YouTube and you'll receive a notice each time we feature a new video. If you subscribe to our Prison Professors Facebook page, you'll learn about efforts we're making to improve outcomes of our nation's prison system.
In episodes two and three, I'll introduce you to my two co-founders. You may be familiar with their work already
In October of 2017, 60-Minutes featured a segment on Shon Hopwood. Shon also describes his story in his best-selling book, Law Man: Memoirs of a Jailhouse Lawyer. Law Man is relevant to listeners of the Prison Professors podcast for many reasons. Shon's inspiring story shows that regardless of what bad decisions a person has made in the past, an individual can start sowing seeds that lead to success.
The FBI arrested Shon in 1998 for a series of armed bank robberies. A U.S. District Court Judge sentenced him to a term that would require Shon to spend more than 10 years in federal prison. Yet Shon found a way to prosper inside. He studied case law. He wrote briefs that brought victories for people in district courts, in circuit courts, and in the U.S. Supreme Court. After his release, Shon earned his undergraduate degree and he earned a law degree. He clerked for two federal judges. Now Shon serves as a tenure-track professor at Georgetown Law School.
Without a doubt, Shon Hopwood is a success story. He is also a co-founder with Justin and me at PrisonProfessors.com and the Prison Professors podcast.
Justin Paperny is our other co-founder. His skills as a young baseball player led to Justin's scholarship at the University of Southern California. After earning an undergraduate degree, Justin went on to a career as a stockbroker. He managed assets for professional athletes and hedge funds. As a result of his failure to report a Ponzi scheme, authorities charged Justin with the crime of violating securities laws.
I met Justin at the Taft Federal Prison Camp, in California. We became friends soon after he arrived, in 2008. We began to engineer a strategy that would lead to Prison Professors and other business opportunities while we were still serving time. Justin and I understood that many people face challenges with the criminal justice system. A lack of understanding can make matters worse. In some cases, the wrong decisions can bring disastrous results.
While serving time in the Taft camp, Justin and I worked together. We crafted plans that would lead to the best possible outcome for anyone who has concerns about the criminal justice system. Upon Justin's release, he began building the properties we would need to bring our products and services to market. We now have several platforms that include:
You'll learn all about Shon and Justin in episodes two and three. I'll share my story with listeners during the remainder of this episode.
As I said at the start, my name is Michael Santos. My journey through the criminal justice system followed some bad decisions I began making when I was a young man. In 1984, I was 20 years old and I started selling cocaine. When I was 23, in 1987, authorities arrested me. After a lengthy trial, a jury convicted me of operating a Continuing Criminal Enterprise.
We were at the dawn of our nation's war on drugs and I faced a possible sentence of life in prison. I'd never been incarcerated before, and I didn't know what to expect.
Like many people who go into the criminal justice system for the first time, I only wanted one thing. That was to get out! My ignorance of the system led to some bad decisions, and those bad decisions resulted in my serving much longer than I should have served.
During an awkward transition between the conviction and my sentencing date, I decided to begin preparing for a better outcome. Rather than worrying about what was going to happen to me, I started thinking about ways that I could prepare for a brighter future. We reveal this story in our book: Earning Freedom: Conquering a 45-Year Prison Term.
Earning Freedom, along with our other books, are available through our website at PrisonProfessors.com. Readers of Earning Freedom will learn that leaders like Socrates, Viktor Frankl, Nelson Mandela, and others inspired me. Leaders like Steve Jobs and Bill gates taught me to think differently, Instead of dwelling on the problems, I needed to focus on solutions.
From those leaders, I learned to chart my own path from struggle to prosperity. That path through prison included a three-pronged focus. I would work to:
That three-pronged path led me through 9,500 days as federal prisoner, number 16377-004. I concluded my prison term on August 12, 2013.
When I went into the prison system, I didn't know what to expect. My judge sentenced me to serve a 45-year sentence. I learned that if I avoided disciplinary infractions, I could conclude that sentence in 26 years. But that was a long time for me to contemplate. I was only 23 when I started, so I hadn't yet been alive as long as the system would expect me to serve.
What was the best possible outcome?
I didn't know at the time. But I started to think. Instead of dwelling on the time that I had to serve, I began thinking about the life I would lead when I got out of prison. How would society judge me? Would I be able to find employment? Would the decades I served in prison anchor me in a cycle of failure?
To put the length of time into context, take today's date. Add 26 years. Think of the challenges to maintain a high level of energy and a high level of discipline over that length of time. It's not easy to maintain a positive attitude while weeks turn into months, months turn into years, and years turn into decades.
By reading about others, I found a key to keeping a strong mental attitude. It begins with defining success. If we train our mind to see the best possible outcome, we can start engineering a new path. That path can lead us from where we are to where we want to go. To become successful, regardless of where we are, we need to define success.
I learned that lesson from Socrates. I was still lying in the Pierce County Jail awaiting sentencing when I read a story of The Crito. Socrates lived longer than 2,500 years ago. Back then, laws prohibited people in the elite class from teaching the poor. Yet Socrates believed that every human being had value. He willingly taught everyone. Despite warnings from authorities, Socrates continued to teach. Eventually, he was tried and convicted. Judges sentenced him to death.
At the time that I found the story on Socrates, I didn't have much of an education. I never would have read a philosophy book if I were not beginning my life in struggle. Yet when I read Socrates, I learned a great deal. I learned lessons that would frame my adjustment decisions through prison.
Socrates made principled decisions. Through him, I learned how to make principled decisions. Rather than run away like a coward from problems he created, Socrates said that he would stand and face his punishment. He would die with his dignity intact.
Socrates taught me to think differently. Instead of whining about problems that my own decisions created, I would need to take the punishment. I would need to figure out how I could get the best possible outcome.
I especially value Socrates' lessons on how to ask better questions. Many people have heard about the art of Socratic questioning. As I began to serve my lengthy term in prison, the questions I asked had a monumental influence on how I would adjust inside.
As a young man going into the prison system, I felt as if my world was completely imploding. I was married, but my wife was divorcing me. All of the ill-gotten gains I received from selling cocaine were gone. I was starting a journey that would require decades in prison. I'd spend it alone, without any money.
What would my life be like when I got out? That was a good question. It prompted me to think in terms of how my life would be if I didn't make some changes.
I learned to stop dwelling on my own problems. Instead, I began to focus on the best possible outcome. It's important to remember the qualifiers: "best possible outcome," with the keyword being "possible."
Obviously, I would have liked to get out. But getting out wasn't a possibility. My conviction carried a mandatory-minimum sentence of 10 years. The statute gave my judge discretion to impose a life sentence.
Regardless of what decision my judge made, I had to make better decisions. Since the law required my judge to sentence me to a minimum of 10 years, I had to think about that. What would be the best possible outcome in 10 years?
I began thinking about the people I would meet. The world would move on over a decade. I would be stuck in prison. If I didn't create a deliberate adjustment plan, after 10 years, I would only know other people who were in prison. And how would those people influence my future?
I hated being in prison. I mean I really hated it. I wanted out. But I couldn't get out. What kind of life would I have after 10 years if I adjusted to the ways of the prison? How would I talk? How would the words I chose influence the way that other people perceived me?
Unless I adjusted well while inside, I would face real problems when I got out. I wouldn't have any money. I wouldn't have a support network. I wouldn't have any work experience. I could get stuck in a cycle of failure unless I created a course of action that would lead to success.
By reading about Socrates, I learned how to introspect. I learned how to assess influences that led to my troubles. I was in prison because a jury convicted me for crimes related to selling cocaine. Yet in truth, my bad decisions began long before I sold cocaine. If I made better decisions, Socrates convinced me that I could get out of prison as a better man, with more opportunities.
Better decisions would begin by thinking about the people I would meet in the future. Or rather, thinking about the people I wanted to meet in the future.
If I were going to persuade employers to believe in me, what would they expect me to accomplish while I was in prison? That was one question I had to answer.
If I wanted more liberty from a probation officer, what could I do while in prison to influence his decisions? That was another question that I had to answer.
If I wanted to launch businesses in the future, how could I persuade customers to believe in me even though I'm a convicted felon? I had to overcome challenges for the rest of my life.
Those questions inspired me. They set me on the three-pronged approach that I described earlier in this introductory episode. I would work to:
Those three concepts became my compass. I tried to make every decision inside in accordance with those three principles. It's a strategy that Rick Warren later wrote about in his book The Purpose Filled Life.
Even from the depths of a prison cell, I could ask questions that would improve my outcome. I wanted the best possible outcome. For me, that meant being able to return to society successfully. Even if I served multiple decades in prison, I wanted to return unscathed. Regardless of how much time I served, I didn't want others to know by looking at me that I was once a prisoner.
With that guidance from Socrates and others, I began to find my way. The strategy influenced the books I read. Strategy influenced the social network I developed, and every other decision I made while serving my sentence. As a result, I earned university degrees. I became a published author. I built a strong support network. I even got married to the love of my life, Carole. Work that I completed in prison allowed me to earn an income to support Carole.
When I finished my sentence after 26 years, I returned to society more than $100k in the bank. I could use those funds to launch my life.
That didn't happen by accident. It convinced me that success comes with good strategy. And good strategy is what my partners and I teach through the Prison Professors podcast. We teach a pursuit of excellence. And we show that if we could do it, anyone can do it.
I concluded my obligation to the Bureau of Prisons on August 12, 2013. A few weeks later, I began teaching as an adjunct professor at San Francisco State University. While working there, I began creating products and services to help improve outcomes of our nation's prison system. Those products and services now contribute to our company at PrisonProfessors.com.
Our clients include individuals who are going into the system. We also have contractual relationships with the Bureau of Prisons, the California Department of Corrections, the Washington State Department of Corrections, and many other large groups. Federal judges, federal probation officers, and U.S. Attorneys, as well as many law firms have purchased our products and services. We sell to the corporate sector, to sales organizations, and to anyone who wants to succeed after struggle.
It's a big market. Because regardless of where we are today, we all face struggle at one time or another in our lives.
If you research our team at Prison Professors, you'll see our authenticity. Both Shon Hopwood and Justin Paperny have my 100% confidence. And I consider it an honor to work with each of them. Each of us will work hard to prove worthy of your trust.
We look forward to revealing more through our Prison Professors podcast. Expect us to launch new episodes every day. We will publish show notes on our website at PrisonProfessors.com. When we conduct interview-style podcasts, to the extent possible, we'll record in both a video format and an audio format. You can watch the videos on our YouTube channel or on our website.
We'll ask you to support the Prison Professors podcast by subscribing to us on iTunes. If you choose to subscribe, please rate the show with the number of stars you deem appropriate. Leave us an honest review. Your reviews and subscriptions will persuade iTunes to increase our distribution. The more distribution we have, the more effective we will be at spreading the message on steps we can take to improve outcomes of America's prison system.
That is my story. In future episodes, opportunities will open for me to reveal more. Let me tell you what you can expect in the upcoming episodes. As I mentioned, episodes two and three will introduce you to my partners, Shon Hopwood and Justin Paperny. After that, we're going to present a series on how to master prison. Then we'll follow with interviews.
If you'd like to be a guest on our show, please reach out through Prison Professors.com. Check out our podcast link. And connect.
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