[Part 1 of 3] Almost 10% of Inmates at FCI Englewood Satellite Camp Complain in a Flurry of First Step Act and CARES Act Petitions Filed In Colorado Federal Court
Littleton, Colorado (D.A.S.) – Warden J.F. Williams at FCI Englewood, a federal prison facility in Littleton, Colorado, has been named in almost a half dozen recent inmate lawsuits. The public has been learning since 2020 that affairs at the federal prison are a serious problem. Severe staff shortages, un-managed COVID-19 and serious staff conflict at the prison are familiar complaints. One government employee warned back in December 2020, “the seams are going to burst.”
Now, its not the prison staff complaining. Serious medical neglect (and an inmates death in August 2022 with no report yet from the BOP), has become a source of constant inmate complaints at this facility throughout 2022. And a new issue has risen to the surface. Inmates complain that the warden and local prison staff are doing nothing to help them with CARES Act and First Step Act issues, resulting in minimum security non-violent inmates spending more time in prison than Congress has provided.
A flurry of new inmate lawsuits filed between August and November 2002 claim that inmates at FCI Englewood are being required to serve more time in prison than required under new provisions of the CARES Act and the First Step Act. According to several sources, despite the legal provisions, the BOP is impervious.
Since May 2022, the Defendant Aid Society has been contacted by a significant number of inmates incarcerated at the FCI Englewood – Satellite Camp, regarding CARES Act home-confinement and First Step Act time-credit issues keeping inmates in prison longer Congress’s repeated efforts to see such inmates transferred home or into community facilities.
FCI ENGLEWOOD STAFF SAY NO HOME CONFINEMENT OFFERED AND FSA CREDITS ARE OUT OF THEIR HANDS
According to the complaints, since approximately May 2022 prison staff have repeatedly told inmates that the institution has decided that it simply no longer offers “any form” of home confinement to inmates there. As a result, it appears that FCI Englewood staff (at least at the camp) are making no Second Chance Act transfer referrals for direct home-confinement, no CARES Act transfer to home confinement, no Elderly Offender Pilot Program transfers to home confinement, and no FSA pre-release custody placements straight to home confinement.
This means that dozens of non-violent, low-risk, low-recidivism inmates at FCI Englewood are being required to stay in prison, while similarly situated inmates at other facilities are routinely being transferred to complete their sentence at home. We are aware of no legal justification for this approach, and no BOP policy supporting any warden or any institution making this unilateral switch to avoid or disregard home confinement transfers.
Compounding the problem, the recent court filings show that almost 10% of the prison camp inmates at FCI Englewood have made official declarations documenting how prison staff will not help solve the issue. When inmates have pointed out how inmates at other federal facilities seem to be having success with prison officials there; or when inmates have asked Case Managers, Unit Mangers, or Case Management Coordinators to contact higher BOP authority to resolve obviously problems, they are routinely denied.
One inmate recently complained, “I had a meeting with the entire Unit Team. They told me they agreed that my complaint was valid, and that I should have my FSA credits, but there was simply nothing they could do about it.” The documents filed with the local federal court also show that when FCI Englewood inmates attempt to use the Bureau of Prison’s Administrative Remedy process, Unit Team staff have reportedly told them to “stop [f***ing] writing”, and in at least two reported instances have been required to tear up BP-8 and BP-9 filings, under the threat of having existing release dates for RRC transfers – cancelled.
“Stop [f***ing] writing.”
FCI Englewood Case Manager
Other inmates complaint about formal administrative remedy requests being rejected for frivolous reasons. In one case, an FCI Englewood inmate was told his BP-9 was rejected because he had not included a copy of a denial letter from the warden. However, attached to his original BP-9 and also attached to the “rejection” notice was a signed response letter from the warden. It was the first page following the notice.
With all these difficulties, several inmates contacted D.A.S. and requested assistance. So far, five inmates at the FCI Englewood camp have elected to file pro se habeas petitions under 28 U.S.C. §2241, challenging FCI Englewood’s refusal to consider them for CARES Act home confinement; and challenging the denial of FSA credits. For both the CARES Act home confinement claims and the FSA time-credit claims, the law appears solidly on the side of the inmates.
If you know of someone in the BOP who needs help with CARES Act or First Step Act issues; whether they are in the Administrative Remedy process stage, are looking to file with the court in a pro se petition, etc., you can tell them about this update. We are willing to discuss whether there is anything we can do to help.
Contact D.A.S. for help.
Phone: 800-489-8146
Email: info@defendantaidsociety.org
