Appeal, Pardon, Motion, Writ BOP Denied Home Confinement to High-Risk COVID Inmate

[JohnnyGoodman]

Jurisdiction

Texas

My 63 year old father in law was sentenced for 10 years in 2018 for white collar medicare fraud in Texas and is doing time in California.

Multiple times he's gotten severely sick and hospitalized from pneumonia and other health complications. During this pandemic, since he has a lot of underlying health conditions and being high risk for COVID-19, he was approved by the facility and the warden for home confinement. They had to send his case for approval to the central office because he has served less than 50% of his term. Today we found out that the home confinement has been denied and we are extremely disappointed.

We don't know exactly why they denied it, but should receive a letter soon according to my father in law. It takes forever to receive anything from the prison, so we are anxiously wondering what was the reason and what can be done? Can we appeal that decision, and if so, how good are our chances?

Any thoughts or guidance would be greatly appreciated.

 

[adjusterjack]

You're not going to know anything until you get the letter so nobody can give you any thoughts or guidance until you get the letter.

Then feel free to come back to this thread and tell us what it says.

Or, take it to an attorney because you'll probably need one to move any further on it, if you can move further on it.

 

[Inneedofsomeadvice]

Please come back and let us know the reason they denied him. It sounds like a valid reason to request.

 

[mightymoose]

More and more are being released. They could end up approving this later as they continue to try and shrink the prison population.

It could take a court order to release him.

 

[JohnnyGoodman]

Hey all, thanks for your responses.

We finally received the denial letter, but it provides no real explanation! It came on a simple one-paragraph type-up in MS Word with no letter head. It reads:

At the institutional level, you were initially reviewed for home confinement (HC) and found eligible. Upon the review, it was sent through the chain of command for final approval. Central Office has the final say, their review committee came back and denied your case. The committee doesn't feel you meet the criteria for HC. Therefore, you have been denied.

It's very frustrating that it doesn't explain why the committee "doesn't feel" he meets the criteria. Is this type of rejection common, even when his counselor at the prison was rooting for him to get out? What would be an ideal next course of action? Who can he/we speak with to help his case?

 

[Disabled Vet]

Hey all, thanks for your responses.

We finally received the denial letter, but it provides no real explanation! It came on a simple one-paragraph type-up in MS Word with no letter head. It reads:

At the institutional level, you were initially reviewed for home confinement (HC) and found eligible. Upon the review, it was sent through the chain of command for final approval. Central Office has the final say, their review committee came back and denied your case. The committee doesn't feel you meet the criteria for HC. Therefore, you have been denied.

It's very frustrating that it doesn't explain why the committee "doesn't feel" he meets the criteria. Is this type of rejection common, even when his counselor at the prison was rooting for him to get out? What would be an ideal next course of action? Who can he/we speak with to help his case?

At least you know where he is now. Still in jail. He will be out once he serves his time for the crime he did.

 

[JohnnyGoodman]

@Disabled Vet with all due respect, your tone-deaf response is useless and uncalled for.

A) Obviously he is in the same place we knew he was.
B) The whole point of this thread is that he has a legitimate shot for getting out early, and here you are stating the obvious about him "getting out once time is served."

 

[Zigner]

@Disabled Vet with all due respect, your tone-deaf response is useless and uncalled for.

A) Obviously he is in the same place we knew he was.
B) The whole point of this thread is that he has a legitimate shot for getting out early, and here you are stating the obvious about him "getting out once time is served."

I understand that you care for your father, but not everybody is sympathetic towards criminals.

 

[army judge]

Is this type of rejection common, even when his counselor at the prison was rooting for him to get out?

I don't know if the response is common.

I do know that response is legal, because as you were told, HQ has the final say.

All he can do is continue following their rules, complying with their demands, behaving himself, as he seeks his reward; FREEDOM.

All the family can do is continue to encourage his rehabilitation, as he is the captain of his ultimate fate.

What would be an ideal next course of action?

He can APPEAL the adverse decision.

Most inmates are well informed about their appellate rights.

You can write your congressperson and both US Senators.

In SOME cases, your elected representatives can see that he gets a fair review.

You can also write to the president, as he has an interest in seeing to it that prisoners get a second chance.

There are are many inmate support groups that also can offer you strategies that could result in your loved one's release.

 

[mightymoose]

You have to remember that he is not entitled to early release. A decision against him being released early is not a violation of any right. There really isn't anything to appeal in this matter as I see it. That would be somewhat like an appeal for having a losing lottery ticket.
I understand it would be frustrating to not get an explanation, but that is likely standard. There were likely plenty of other better qualified candidates for release to achieve their goal for reduction.

 

[Disabled Vet]

@Disabled Vet with all due respect, your tone-deaf response is useless and uncalled for.

A) Obviously he is in the same place we knew he was.
B) The whole point of this thread is that he has a legitimate shot for getting out early, and here you are stating the obvious about him "getting out once time is served."

Let me know what I said was incorrect. He is a criminal which means there was a victim of his crimes. The easiest way to prevent this is simple. Don't do the crime. At least you should be happy that he is still locked up. Since the tax payers will be footing the bill for his medical treatment. Unless you wish to pay back us tax payers for his care. Unless you wish to pay back the victims of his crimes. Keep in mind your family member is a criminal...