1 District Court of Guam 4 TH FLOOR, U.S. COURTHOUSE 520 WEST SOLEDAD AVENUE HAGÅTÑA, GUAM CHAMBER OF Frances M. Tydingco-Gatewood TEL: (671) FAX: (671) To: Guam Bar Association Criminal Defense Attorneys Who Represent Federal and Local Detainees and/or Defendants From: The Honorable Frances Tydingco-Gatewood, Chief Judge, District Court of Guam Date: June 16, 2015 Re: Federal Bureau of Prisons and U.S. Marshals Service s Visit to Guam Buenas yan Hafa Adai! I would like to inform you that I have invited the Director for the Federal Bureau of Prisons, Mr. Charles Samuels, and his team of six representatives from his bureau, along with three U.S. Marshals Service representatives, to Guam during the week of June 22, While the Federal Bureau of Prisons and the U.S. Marshals Service handle matters involving federal detainees, I am inviting the legal community to meet with the visiting representatives from said agencies to discuss matters and possibly share ideas on issues that are of similar concern to both federal and local detainees and inmates. As you can see from the attached agenda, there will be a Question and Answer Session, wherein I am inviting each of you to attend and participate. I have attached the questions that were prepared by the Office of the Federal Public Defender, the U.S. Attorney s Office, the CJA Panel, Guam Bar Association members, the Guam United States Marshals Service, and federal and local probation and pretrial officers, which have been edited by the court to ensure that matters pertaining to ongoing civil litigation by detainees in the federal court are not specifically discussed at the tour, courtesy visits, Q&A session, and wrap-up meeting. Please do not hesitate to contact me if you have any questions regarding the Federal Bureau of Prisons and the U.S. Marshals Service s visit to Guam, at Attachments Si Yu us ma ase.
2 District Court of Guam FEDERAL BUREAU OF PRISONS AND UNITED STATES MARSHALS SERVICE TEAM VISIT TO GUAM June 22-25, 2015 Agenda Monday, June 22, :00 am to 12:00 pm Tour of Areas Where Federal Detainees are Housed Venue: Hagatna Detention Center and Department of Corrections Mangilao Facility Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero U.S. Attorney Alicia Limtiaco Assistant Federal Public Defender Leilani Lujan Chief U.S. Probation Officer Rossanna Villagomez-Aguon 2:00 pm Courtesy Visit with the Executive Branch Venue: Office of the Governor, large conference room, Adelup Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero Governor Edward Calvo Lieutenant Governor Raymond Tenorio Attorney General Elizabeth Barrett-Anderson U.S. Attorney Alicia Limtiaco Assistant Federal Public Defender Leilani Lujan Chief U.S. Probation Officer Rossanna Villagomez-Aguon Tuesday, June 23, :00 am to 11:00 am Courtesy Visit with the 33rd Guam Legislature Rev. 6/16/15 Venue: Guam Legislature, Hagatna Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero Speaker Judith Won Pat and Members of the 33rd Guam Legislature Chief U.S. Probation Officer Rossanna Villagomez-Aguon
3 Tuesday, June 23, 2015 Cont d. 2:00 pm to 4:00 pm Courtesy Visit with the Judiciary of Guam Venue: Judiciary of Guam, Hagatna Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero Chief Justice Robert Torres, Jr. and Justices Presiding Judge Alberto Lamorena, III, and Superior Court Judges Marshal of the Court Ed Toves Chief Probation Officer John Lizama Chief U.S. Probation Officer Rossanna Villagomez-Aguon Wednesday, June 24, :00 am to 4:00 pm Question and Answer Session with Federal Bureau of Prisons Team, United States Marshals Service Team, and Invited Federal and Local Participants Only Venue: District Court of Guam, Fourth Floor Courtroom Moderator: Guam Federal Public Defender John Gorman Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero Chief Justice Robert Torres, Jr. and Justices Presiding Judge Alberto Lamorena, III, and Superior Court Judges U.S. Attorney Alicia Limtiaco Attorney General Elizabeth Barrett-Anderson Federal and Local Public Defenders Federal and Local Prosecutors Criminal Justice Act Panel Attorneys Local Private Attorney Panel Other Private Criminal Defense Attorneys who Represent Federal and Local Detainees and/or Defendants Federal and Local Probation Officers Federal and Local Marshals 2
4 Thursday, June 25, :00 am to 11:00 am Wrap-Up Meeting with the Federal Bureau of Prisons Team, United States Marshals Service Team and Invited Federal Participants Venue: District Court of Guam, Fourth Floor Courtroom Attendees: Chief Judge Frances Tydingco-Gatewood U.S. Magistrate Judge Joaquin Manibusan, Jr. Federal Bureau of Prisons Director, Charles Samuels, and Team United States Marshals Service Team Guam U.S. Marshal Frank Leon Guerrero Federal Public Defender John Gorman U.S. Attorney Alicia Limtiaco Chief U.S. Probation Officer Rossanna Villagomez-Aguon 3
5 BOP ISSUES 1 ***PLEASE NOTE that the purpose of the BOP visit is for the attendees to have a better understanding of how BOP operates. Issues pertaining or related to any of the detainees pending civil litigation will not be discussed.*** Conditions of Confinement 1. What is BOP s responsibility in maintaining mandated constitutional standards for the proper care for detainees and prisoners? 2. If there are problems at the Hagatna Detention Facility, how are those problems brought to the attention of BOP? What is BOP s procedure in addressing these problems? 3. What is BOP s policy in providing mental health services to a defendant? a. What services are available? b. How can pretrial detainees in Guam access these services? 4. What is BOP s role in assisting the court in determining a defendant s competency? Presentence Reports 1. What information does BOP look for in the presentence reports? How is this information used? 2. Does BOP have any recommendations for the presentence report writers? Determining Confinement Credit 1. How does BOP determine confinement credit? Describe the various confinement credits that BOP takes into consideration (e.g., good conduct time, extra conduct time, statutory conduct time, dead time credit, etc.). a. Do all inmates qualify for these? b. Are there any exceptions? 2. How does BOP calculate confinement credit for a local case with a detainer for a federal case, or vice versa? 3. How does BOP determine who has custody of an inmate (i.e., writs)? 1 These questions were submitted by members of the CJA Panel, the Office of the Federal Public Defender, the U.S. Attorney s Office, members of the Guam Bar Association, the U.S. Probation Office, the Judiciary of Guam Probation Office, and the Guam U.S. Marshals Service, with edits from the court. Page 1 of 5
6 Facility Designations/Time in Custody 1. Explain the e-designate system, including what information it contains, who inputs information, whether inputted information can be changed or deleted, and who has access to the e-designate system. 2. Describe the different facilities that BOP has (e.g., prison camp, correctional institution, penitentiary, medical facilities) and the criteria for designation to these facilities. 3. Describe contracted facility vs. BOP facility. 4. Describe the difference between USMS custody and BOP custody. 5. What criteria does BOP use to determine not to accept an inmate for designation to a BOP facility? a. What does it mean when a defendant who is sentenced to serve a short prison sentence is deemed too short to designate? 6. Numerous Guam prisoners have served their sentences at the Honolulu Detention Facility, which has limited programs and resources. Many of these Guam prisoners had judicial recommendations for facilities on the U.S. mainland. a. Why are Guam prisoners serving their sentences in a detention facility? b. Discuss how judgments are reviewed and interpreted regarding imprisonment sentences. c. Does BOP respect the judicial recommendations from federal judges? 7. Explain the examinations/assessments that take place upon an inmate s initial designation and entrance into a facility (i.e., physical examination, psychological examination, etc.). 8. Explain security classification levels of inmates and criteria. a. What information does BOP need to calculate prior arrests and/or convictions? 9. What is BOP s policy regarding intermittent confinement? What is the priority when there is a shortage of bed space? 10. Release from custody: a. Who determines the release date? b. Who is responsible for ensuring that the inmate is released from custody on the designated release date? Page 2 of 5
7 c. What is the relevant form or document to ensure the inmate s release and who prepares it? d. If an inmate is not released on the designated release date, who should the inmate or attorney contact in BOP? 11. Explain public law days and their use. 12. Explain furlough and the different ways that it is used. BOP Programs 1. What programs does BOP offer the inmates? 2. How does BOP get inmates to participate in programs? 3. Can inmates sign up for programs in BOP even though their judgment and presentence report are silent on the issue? 4. Describe the Inmate Financial Responsibility Program and BOP s efforts to collection court-ordered criminal monetary penalties. Inmate Family and Medical Emergencies 1. How is an inmate informed of a family emergency situation and who is the appropriate staff to contact? How is the family informed of an emergency situation involving the inmate? 2. How does BOP handle the death of an inmate s immediate family member and attendance at funeral services? How does BOP handle the death of an inmate, with and without family support? 3. How does BOP determine compassionate release? 4. Discuss criteria for visitation of inmates, phone calls home, correspondences to family, etc. 5. Explain furlough and the different ways that it is used. Transportation 1. Describe USMS/BOP s transportation system for inmates. 2. Why does it take BOP so long to transport prisoners? For example, on April 1, 2015, Magistrate Judge Manibusan ordered Kirby Santos to be expeditiously transported to New Jersey. Mr. Santos arrived in New Jersey on April 20, Page 3 of 5
8 a. Is 19 days between Guam and New Jersey considered expeditious by BOP standards? b. In transporting defendants, does BOP take into consideration a federal judge s order to transport expeditiously? 3. According to some defendants, they have been subjected to diesel therapy. What is it and what actions has BOP taken, if any, when such complaints are made? Supervised Release/Reentry Planning 1. When during the imprisonment term does BOP begin reentry or supervised release planning (i.e., referrals to community corrections office and U.S. Probation Office)? 2. What are the criteria for placement in a residential reentry center vs. U.S. Probation Office home detention? 3. What preparation does BOP make to assist inmates preparing for release who are eligible for Social Security, Veteran s and health benefits? 4. Discuss any new requirements or standard operating procedures regarding the supervision of BOP inmates on home detention. 5. Can probation officers obtain a copy of a client s medical/immunization records to provide verification of PPD clearance for health certificates for employment purposes, admission to college, or residential drug treatment programs? 6. Can probation officers receive a copy of client s educational records to assist them with employment or education? U.S. MARSHALS ISSUES 1. What are the exact responsibilities of the U.S. Marshals to ensure that the conditions of confinement at the local detention facility meet mandated standards? 2. How often do the U.S. Marshals inspect the local detention facility? 3. Do the Marshals ever do surprise inspections of the local detention facility? If not, why not? 4. Would it be possible to assign one person to be responsible for monitoring the conditions of confinement at the local detention facility? Page 4 of 5
9 5. One of the U.S. Marshals/Guam supervisors is located in Saipan, a smaller and more remote location. Has the U.S. Marshals ever considered having all Guam supervisors on site? Page 5 of 5
11 Bryan Antonelli received an Honorable Discharge from the United States Air Force in 1997 where he served as a Law Enforcement Specialist. Mr. Antonelli began his career in the Federal Bureau of Prisons in 1997 as a Correctional Officer at the Federal Correctional Institution, Fort Dix, NJ. He served as a Senior Officer Specialist at the Federal Detention Center, Philadelphia, PA from 2000 to In 2002, he was promoted to the rank of Lieutenant at the Federal Correctional Institution at Fort Dix, NJ. Mr. Antonelli then transferred in 2004 to the activating Federal Correctional Institution in Herlong, CA as a Lieutenant and to the United States Penitentiary Hazelton, WV as a Special Investigative Agent in Mr. Antonelli served as a Captain from at the Federal Correctional Institution, Safford, AZ and then at the United States Penitentiary, McCreary, KY. He was promoted to Associate Warden at the activating facility in Berlin, NH in Mr. Antonelli was transferred to his current position as the Chief of the Office of Emergency Preparedness in early He currently has oversight of all aspects concerning emergency preparedness at all BOP and contract facilities. Bryan and his staff oversee a broad range of areas to include hostage negotiations, command center operations, tactical response (lethal and less than lethal), policy development and review related to emergency procedure and the entire Armory and Lock Technology Section.
13 Jose A. Santana Biographical Information A native of Puerto Rico, Jose graduated in 1983 with honors obtaining his Bachelor Degree with a major in Political Science from the University of Puerto Rico (UPR-Rio Piedras Campus). In 1987, he obtained his Juris Doctor degree from the Inter-American University of Puerto Rico- School of Law. With over 27 years of experience in the correctional field, Jose began his correctional career in the Puerto Rico Department of Corrections (PRDCOC) in August 1988 as a Discipline Hearing Officer. He was also the Acting Director of the Rules and Regulations Division (PRDOC) from January 1989 until June He began his Federal Bureau of Prisons (BOP) career in July 1991, as a Legal Technician activating MDC Guaynabo. He has worked in positions of increasing responsibilities as a Case Manager at MDC Guaynabo, Puerto Rico and FCI Tallahassee, Florida; Case Management Coordinator at MDC Guaynabo; Unit Manager at FCC Beaumont, Texas; South Central Regional Designations Administrator, Dallas, Texas; South Central Correctional Programs Administrator, Dallas Texas. In November 2007, Jose was selected as Associate Warden at MDC Guaynabo where he remained until May 2010, when he was promoted to his current position as the Bureau s Chief of the Designation and Sentence Computation Center in Grand Prairie, Texas.
14 Craig Pickles Biographical Information With 25 years of experience in Inmate Systems Management and Sentence Computations, Craig began his career in 1988 with the Federal Bureau of Prisons (BOP) as a Correctional Officer at USP Lompoc, California. While there, he was promoted to a Senior Officer Specialist, Legal Technician, Inmates System Officer, and Inmate Systems Supervisor until He has worked in positions of increasing responsibilities as Inmate Systems Supervisor, ADX Florence, Colorado; Inmate Systems Training Specialist, Central Office, Washington, DC; Inmates Systems Manager, MCC San Diego, California; and Operations Manager, Designation and Sentence Computation Center, Grand Prairie, Texas. Craig performed as a program coordinator and instructor for training courses conducted on a national level. These courses include Principles of Sentence Computation, Advanced Sentence Computation, Inmate Custody & Classification, Inmate Systems Officer and Inmate Systems Management for Supervisors and Managers. In June 2012, Craig was promoted to his current position as the Section Chief and is responsible for sentence computations for the BOP and is the subject matter expert on sentence computation issues. Craig is also responsible for policy development, correspondence and training.
15 Ken Hyle received a Bachelor of Arts degree in Political Science from Boston University in He attended law school at the National Law Center of the George Washington University, and received his Juris Doctorate in Mr. Hyle began his career in the Federal Bureau of Prisons in 1992 as an intern in the Office of General Counsel (OGC). He was an Honors Attorney in the Southeast Regional Office, Atlanta, Georgia from 1994 through He served as the Supervisory Attorney at Metropolitan Correctional Center, Chicago Illinois, from 1996 until 2000, when he returned to OGC in Washington, D.C. In 2002, he transferred to the Human Resources Management Division, in the Labor Management Relations section. Mr. Hyle returned to OGC in 2005 as the Deputy Associate General Counsel of the Labor Law Section. Mr. Hyle was appointed as Senior Deputy General Counsel for OGC in 2008, and became a member of the Senior Executive Service in He currently has oversight of administration and training for the division, and of a broad range of practice areas to include litigation, policy development and review, real estate and environmental law, government contracting, the Freedom of Information Act, employment law, and government ethics.