If I'm Sentenced to Federal Prison, Where Will I Serve My Time?

Posted by Neil Shouse | May 12, 2016 | 0 Comments

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There are federal prisons located throughout the United States. Federal crimes can be committed throughout the United States. When you've been convicted of a federal crime and sentenced to incarceration, you will serve that time in a federal prison. But where? Will you be sentenced to a facility close to your home and your family?

Where you will serve your federal prison time as well as what kind of facility you will be sentenced to is determined by the federal Bureau of Prisons (“BOP”) after you have been convicted. A U.S. Probation and Pretrial Services officer will be assigned to your case and will prepare a document known as a Presentence Report (“PSR”).

The BOP will use the PSR to determine the kind of facility at which you will serve your time. Additionally, the PSR will be used to determine security and custody levels, visitation rights, eligibility for educational opportunities, drug/alcohol treatment, and medical care.

The PSR will be provided to the court, prosecutors, and you and your attorney and will be one of the documents the judge will consider when sentencing you. The report will also be used to determine the specific facility in which you will be incarcerated.

Designation to a specific prison facility is made by the Bureau of Prison's Designation and Sentence Computation Center (DSCC). You can make a request for a specific facility close to your desired geographic location. While the Bureau of Prisons will consider your request to be close to family and friends, it is under no obligation to direct you to your desired facility. The facility designation is determined by a number of factors which include your security rating, the location of residence, facility availability and other administrative factors. The judge can also recommend a facility.

Whether you get sentenced to the federal prison you prefer can depend on whether your attorney understands the factors involved in federal sentencing and knows how to make the strongest case to the judge about why your preference should be honored. Our California federal criminal defense attorneys and Nevada federal criminal defense lawyers have extensive experience assisting individuals charged with or convicted of federal crimes. Give us a call today to discuss your specific case.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


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