If you think this entire Ghislaine Maxwell thing stinks, you aren’t alone. If you want evident that it reall stinks, you just have to look at this kind of headline: “Ghislaine Maxwell moved to federal prison camp in Texas.” So she got moved. Why should that be a big deal? It’s a big deal because she was moved in contradiction of the Bureau of Prison’s own policies of what kind of prison should be held it. She was moved from a low-security institution to a minimum-security one.
Going to an FPC, or a Federal Prison Camp, is a big deal for inmates. It’s pretty much the ultimate in transfers. That said, not everyone incarcerated in a low-security federal prison is allowed to be transferred to a camp. There are several rationales for this:
- The nature of the offense for which you are incarcerated: Anyone who has been convicted of a “violent crime” is ineligible for a minimum-security placement. Any and every sort of sex crime is considered an act of violence. Therefore, according the BOP’s own rules, no sex offenders may serve time in an FPC. According to Bureau of Prisons Policy, “staff are to check subsequent sections of the Program Statement to determine whether the offense is a crime of violence or an offense that would otherwise preclude an inmate’s receiving certain Bureau program benefits.” Transfer to minimum is considered a “benefit.” Among the convictions that are considered crimes of violence are: sex trafficking of children or by force, fraud, or coercion; aggravated sexual abuse; sexual abuse, sexual abuse of a minor or ward, abusive sexual contact, sexual abuse resulting in death (VCCLEA addition), and sexual exploitation of children. Based on what we know from the press, Maxwell has at least one of these counts against her. Just to be clear “sexual exploitation of children” includes simple possession of child pornography; it does not require you to have directly participated in any for of sexual abuse.
- Anyone who serves time in a camp must NOT have any a list of nine “Public Safety Factors” attached to their conduct, either inside or outside prison. As the BOP puts it, “A Public Safety Factor (PSF) is relevant factual information regarding the inmate’s current offense, sentence, criminal history or institutional behavior that requires additional security measures be employed to ensure the safety and protection of the public.” Maxwell would, at a minimum, be tagged with this public safety factor: “Sex Offender. A male or female inmate whose behavior includes one or more of the following elements will be housed in at least a Low security level institution, unless the PSF has been waived. A conviction is not required for application of this PSF if the Presentence Investigation Report (PSR), or other official documentation, clearly indicates the following behavior occurred in the current term of confinement or prior criminal history.” Until this last week, I have NEVER seen such a waiver be granted.
- Placement in a Federal Prison Camp generally requires that the inmate be within 10 years or fewer of their scheduled release date. I once heard a fellow inamte arguing with a BOP staffer about wanting to be tranferred to a camp as soon as possible. The inmate would have been eligible for the tranfer by all other criteria. The BOP staffer asked him how long he had left on his sentence. The inmate said, “15 years.” The staffer said, “Come back and talk to me in 5 years.” Then slammed the door in the inmate’s face.
So, what can we take away from this? First, in moving Maxwell to a Federal Prison Camp, the Bureau of Prisons is clearly contravening its own guidelines set forth in #1 about crimes of violence. Second, somebody had to grant a waiver to get around #2, and I have never seen that happen. Federal prisons are filled with sex offenders, so you would notice if it did happen. Third, nobody at the Bureau of Prisons slammed the door in Maxwell’s face. To the contrary, they opened it for her.
Why?
I don’t have the answers to that, but I will guess that, in time, they will become clear. For the moment, let’s just say that what happened to her this week is unusual enough that it would ge the attention of everyone INSIDE prison. It would be a primary topic of conversation. I’m just taking a moment to point out how much of a topic it should be outside prison, too.
PS: Just to give you a sense of the scope of “crimes of violence,” I thought you might like to see this list from the BOP itself. It’s from the manual they work with:
Criminal Offenses That are Crimes of Violence in All Cases. Some Bureau policies or
programs require a determination that an inmate committed a crime of violence, for example, the
Program Statement on Inmate Discipline and Special Housing Units. Other policies or programs,
such as early release pursuant to 18 U.S.C. § 3621(e), indicate that an inmate could be denied the
benefits of such programs if he or she was convicted of an offense listed in either Section 3 or 4.
Any conviction for an offense listed below is categorized as a crime of violence.
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(1) Title 18, United State Code Sections
Ë 32 destruction of aircraft
Ë 33 destruction of motor vehicles or motor vehicle facilities
Ë 34 penalty when death results
Ë 35(b) conveying false information that harms human life
Ë 36 firing weapons into group of persons (VCCLEA addition)
Ë 37 violence at international airports (VCCLEA addition)
Ë 43 force, violence, and threats involving animal enterprises
Ë 81 arson w/in maritime jurisdiction
Ë 111 assaulting officers of the United States
Ë 112(a) assaulting foreign officials
Ë 113 assaults w/in maritime jurisdictions
Ë 114 maiming w/in maritime jurisdiction
Ë 115 threatening family member of a federal official
Ë 116 female genital mutilation
Ë 117 domestic assault by an habitual offender
Ë 175 biological weapons
Ë 229 prohibited activities (chemical weapons)
Ë 231 civil disorders
Ë 245 federally protected activities
Ë 247 damage to religious property; obstruction of persons in the free exercise of
religious beliefs
Ë 248 freedom of access to clinic entrances
Ë 351 assassination of cabinet and congress members
Ë 373 soliciting to commit a violent act
Ë 521(c)(2) criminal street gangs
Ë 753 rescue of an inmate to prevent execution
Ë 832 participation in nuclear and weapons of mass destruction threats to the
United States
Ë 842 explosive materials
Ë 844 penalties
Ë 871 threats against the President
Ë 875 (a), (b), (c) interstate communications
Ë 878 threats against foreign officials
Ë 879 threats against former presidents
Ë 922 (a)(2),
(a)(3),(a)(4),
(a)(5),(a)(7),
(a)(8),(a)(9),
(b)(2),(b)(3),
(b)(4),(b)(5),
(c),(d)(1),
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(d)(2),(d)(4),
(d)(8),(d)(9),
(g),(k),(n),
(o),(p),(q)(2),
(q)(3),(r),
(s)(1),(t)(1),
(u),(x)(1)(A),
(x)(2)(A), &
(z)(1) firearm violations
Ë 924(c) firearms used in violent or drug trafficking crimes
Ë 929 use of restricted ammunition
Ë 930(a),(b), & (c) possession of firearms and dangerous weapons in Federal facilities
Ë 956 conspiracy to kill, kidnap, maim, or injure persons or damage property in a
foreign country
Ë 970(a) damage of property owned by foreign governments
Ë 1091 genocide
Ë 1111 murder
Ë 1112 manslaughter
Ë 1113 attempt to commit murder or manslaughter
Ë 1114 murder of officers
Ë 1116 murder of foreign officials
Ë 1117 (conspiracy to murder)
Ë 1118 murder in correctional institution (VCCLEA addition)
Ë 1119 foreign murder of US national (VCCLEA addition)
Ë 1120 murder by escaped prisoner (VCCLEA addition)
Ë 1121 murder by state or local officer (VCCLEA addition)
Ë 1201 kidnapping
Ë 1203 hostage taking
Ë 1204 international parental kidnapping
Ë 1363 buildings or property within special maritime and territorial jurisdiction
Ë 1364 interference by foreign commerce by violence
Ë 1365 tampering with consumer products except 1365(b),(c)
Ë 1366 destruction of an energy facility
Ë 1368 harming animals used in law enforcement
Ë 1369 destruction of veterans’ memorials
Ë 1512(a) killing witness or victim
Ë 1513 retaliation against witness or victim
Ë 1531 partial-birth abortions prohibited
Ë 1581 peonage
Ë 1583 enticement into slavery
Ë 1584 sale into servitude
Ë 1585 slave trading
Ë 1587 possession of slaves aboard a vessel
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Ë 1588 transporting slaves
Ë 1589(1) & (2) forced labor
Ë 1591 sex trafficking of children or by force, fraud, or coercion
Ë 1651 piracy
Ë 1652 citizens as pirates
Ë 1653 aliens as pirates
Ë 1655 assault on commander as pirates
Ë 1659 attack to plunder a vessel
Ë 1661 robbery ashore
Ë 1751 assassination of president or staff
Ë 1752(a)(5) restricted building or grounds
Ë 1792 mutiny or riot
Ë 1841 protection of unborn children
Ë 1855 timber set afire
Ë 1859 surveys interrupted
Ë 1864 hazardous devices on federal lands
Ë 1958 use of interstate commerce in murder for hire
Ë 1959 violent crimes aiding racketeering
Ë 1991 entering train to commit crime
Ë 1992 wrecking trains
Ë 2101 riots
Ë 2111 special maritime jurisdiction
Ë 2113(d),(e) bank robbery and incidental crimes
Ë 2114 assault of person carrying mail
Ë 2115 breaking into post office
Ë 2116 railway or steamboat post office
Ë 2118(a),(b), (c) robberies and burglaries involving controlled substances
Ë 2119 crimes involving motor vehicles
Ë 2191 cruelty to seamen
Ë 2231(b) assault or resistance
Ë 2232(a) destruction of property to prevent seizure
Ë 2233 rescue of seized property
Ë 2241 aggravated sexual abuse
Ë 2242 sexual abuse
Ë 2243(a) sexual abuse of a minor or ward
Ë 2244(a)&(c) abusive sexual contact
Ë 2245 sexual abuse resulting in death (VCCLEA addition)
Ë 2251 sexual exploitation of children
Ë 2251A selling or buying of children
Ë 2260(a) production of sexually explicit depictions of a minor for importation into
the United States
Ë 2261 interstate domestic violence (VCCLEA addition)
Ë 2261A stalking
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Ë 2271 conspiracy to destroy vessels
Ë 2272 destruction of vessel by owner
Ë 2273 destruction of vessel by nonowner
Ë 2275 firing or tampering with vessels
Ë 2276 breaking and entering vessels
Ë 2277(a) explosives or dangerous weapons aboard vessels
Ë 2280 violence against maritime navigation (VCCLEA addition)
Ë 2281(NOT(A)) violence against fixed platforms (VCCLEA addition)
Ë 2291(NOT
(a)(8)-(9)) destruction of vessel or maritime facility
Ë 2332 penalties for homicide
Ë 2332a use of weapons of mass destruction (VCCLEA addition)
Ë 2340A torture
Ë 2383 rebellion or insurrection
Ë 2384 sedition conspiracy
Ë 2385 advocating the overthrow of the government
Ë 2389 recruiting for service against U.S.
Ë 2390 enlistment to serve against U.S.
Ë 2421 transportation for illegal sexual activity
Ë 2422 coercion into interstate travel for illegal sexual activity
Ë 2423 transportation of minors for illegal sexual activity
(2) Title 21 United States Code Sections
Ë 841(e) boobytraps on federal property
Ë 848(e) death penalty for criminal offenses
Ë 858 endangering human life while manufacturing controlled substances
(3) Title 26 United States Code Sections
Ë 5861(a) thru (l) firearms
(4) Title 42 United States Code Sections
Ë 2000(e)(13) killing of officer while enforcing Equal Employment Act
Ë 2283(a) protection of nuclear inspectors
Ë 2284(a) sabotage of nuclear facilities
Ë 3631 interference with housing
(5) Title 49 United States Code Sections
Ë 46502 aircraft piracy
Ë 46504 interference with flight crew members
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Ë 46505 carrying a weapon or explosive on an aircraft
Ë 46507 false information and threats