Prison and Jail FAQ

The Presentence Investigation (PSI) report is one of the most consequential documents in the federal process. Prepared by the probation officer and reviewed by the judge before sentencing, it covers criminal history, personal background, financial information, and the offense conduct. It often determines which facility you are designated to and influences the final sentence. Errors in the PSI -- and they are common -- can increase the sentence significantly. Every defendant must review the PSI carefully with their attorney and object to any inaccuracies in writing before the sentencing hearing.

A downward departure is a sentence below the guidelines range, granted by the judge based on specific factors recognized by the Sentencing Guidelines. Common grounds include substantial assistance to the government under USSG Section 5K1.1 (the most powerful), safety valve relief under 18 U.S.C. Section 3553(f) for certain drug offenses, overrepresentation of criminal history, diminished capacity, and extraordinary family circumstances. A downward variance is different -- it is based on the Section 3553(a) factors rather than the guidelines themselves. Both require a well-prepared argument by defense counsel at sentencing.

Federal prisons are operated by the Bureau of Prisons and house people convicted of federal crimes -- drug trafficking across state lines, bank robbery, wire fraud, tax crimes, and immigration offenses. State prisons are operated by each state's Department of Corrections and house people convicted of state crimes. Federal sentences tend to be longer with no parole, but federal facilities are generally better resourced. State inmates can sometimes earn parole; federal inmates serve their sentence minus good time and any RDAP reduction.

Federal facilities are classified as Minimum, Low, Medium, High and Administrative. Minimum and Low security facilities (called "camps") house nonviolent offenders, have dormitory housing and limited perimeter security. Medium facilities have reinforced perimeters and more restrictions. High security facilities (USPs) house violent offenders with significant restrictions. Administrative facilities include medical centers, detention centers and the Special Management Units. Designation is based on the offense, sentence length, criminal history, and behavior. See the security levels page for full detail.

Every federal inmate is assigned a Case Manager at their facility. The Case Manager handles programming assignments, tracks good time and Earned Time Credits, processes transfer requests, prepares release plans, coordinates halfway house placement, and serves as the primary point of contact between the inmate and the BOP administration. Building a good working relationship with your Case Manager is one of the most practical things an inmate can do -- they have significant influence over quality of life and release planning.

RDAP is the Bureau of Prisons Residential Drug Abuse Program. Under 18 U.S.C. Section 3621(e), eligible nonviolent federal inmates who complete the 500-hour, 9-month program can receive up to 12 additional months off their sentence on top of good time credit. To qualify you need a documented substance abuse disorder in the 12 months before your arrest -- legal or illegal substances, prescribed or not, including alcohol -- a nonviolent conviction, and at least 24 months remaining when you enter the program. See all 53 RDAP facilities.

Yes. A disciplinary infraction -- fighting, possession of contraband, threatening staff, refusing work -- can result in a loss of up to 41 days of previously earned good time per incident after a disciplinary hearing. Lost good time can sometimes be restored through subsequent good behavior but there is no guarantee. The single most important thing an inmate can do to maximize their sentence reduction is to stay completely clear of any disciplinary situation.

The First Step Act of 2018 created Earned Time Credits (ETCs) separate from good time. Federal inmates earn 10 days of ETC for every 30 days of participation in approved Evidence-Based Recidivism Reduction programs or Productive Activities. Inmates assessed as minimum or low risk earn 15 days per 30 days. ETCs are applied toward early placement in prerelease custody -- halfway house or home confinement -- rather than directly reducing the sentence. Ask your Case Manager which programs at your facility qualify.

Federal inmates are typically transferred to a Residential Reentry Center (RRC or halfway house) before their official release date. Under the Second Chance Act, inmates are eligible for up to 12 months in a halfway house. The actual placement depends on the Case Manager's recommendation, bed availability, and BOP policy. First Step Act ETCs can accelerate halfway house eligibility. Halfway house time is still supervised federal custody -- you must follow rules, maintain employment, and check in -- but you sleep outside the fence.

The inmate must add you to their approved visitor list. This typically requires submitting a visitor application form to the facility, a background check, and approval from the facility administration. The process can take several weeks. People with certain criminal convictions may be denied. Former inmates are sometimes prohibited from visiting other inmates without special permission. Once approved, you generally stay on the list -- you do not need to reapply each visit. If you are denied, you and the inmate have the right to appeal.

Transfers happen for several reasons: a change in custody level up or down, the inmate needs programming only available at another facility, a safety concern that makes the current facility inappropriate, a medical need requiring a different facility type, or a request to be housed closer to family. The BOP does try to place inmates within 500 miles of their release address when possible, but bed availability often overrides that. Contact the facility's Case Manager for information on a specific transfer.

Jail backlog typically means an inmate is in a county or local jail awaiting transfer to their permanent state or federal facility. After sentencing, federal inmates are processed through a Designated Receiving Facility before being transferred to their permanent institution. This can take weeks or months depending on BOP processing. During this time the inmate may be difficult to locate in the standard BOP database -- contact the U.S. Marshal's office for the district where the person was sentenced for location assistance.

Federal inmates receive money through the BOP's Trust Fund system. The most common methods are JPay (online), MoneyGram, Western Union, or a US Postal Money Order mailed to the facility. Each method has fees. The money is deposited into the inmate's commissary account and used to purchase food, hygiene items, phone time, and email credits. For federal deposits, go to bop.gov or use the full money guide on JailGuide. State inmates use systems that vary by state -- contact the facility for approved methods.

Federal inmates pay for outgoing calls using their commissary account. Calls are typically 15 minutes, recorded, and monitored except for calls to attorneys. Most federal facilities use GTL (Global Tel Link) or Securus as the phone vendor. Rates are regulated and have dropped significantly since FCC reforms. The person receiving the call does not pay -- the inmate's account is billed. You can also set up a prepaid account with the facility's phone provider so the inmate can call you more easily.

Usually yes, but only directly from the publisher or an approved retailer like Amazon -- not from your home. Most federal facilities require books and magazines to come in new, shipped directly from an authorized vendor. Paperbacks are more widely accepted than hardcovers. Content restrictions apply -- sexually explicit material is prohibited. Educational books, dictionaries, legal materials, and religious texts are generally permitted. Contact the facility to confirm their current policy before ordering.

Yes, though in practice those rights can be difficult to enforce. The Eighth Amendment prohibits cruel and unusual punishment. The Federal Bureau of Prisons policy requires inmates be treated respectfully and fairly by all staff. Inmates retain rights to access the courts, protection from excessive force, and adequate medical care. The ACLU's National Prison Project and the Legal Defense Fund track and litigate the most serious violations. If you or a loved one believes rights are being violated, document everything in writing and contact a civil rights attorney.

It happens, and anyone going in should be prepared and aware. The Prison Rape Elimination Act (PREA) established federal standards requiring all facilities to have prevention, detection and response programs. Federal facilities have PREA coordinators and anonymous reporting systems. The prison survival guide covers in detail what to watch for, how to carry yourself to reduce risk, and what to do if you are targeted. The most important thing to know going in: vulnerability signals invite attention. Confidence, purposeful movement, and avoiding debt or obligations to other inmates are the foundation of personal safety.

Federal facilities offer education programs including GED, English as a Second Language, vocational training, and college courses. Work assignments are mandatory -- most inmates are assigned to a job within the facility. Drug treatment programs including RDAP, Non-Residential Drug Abuse Program (NRDAP), and Cognitive Behavioral Therapy are available at most facilities. Religious programming, recreation, and mental health services round out the programming. Participation in approved programs now earns First Step Act Earned Time Credits that can accelerate release to prerelease custody. Ask your Case Manager which programs at your facility qualify.

Yes, and the number is higher than most people realize. The Innocence Project has exonerated over 375 wrongfully convicted people through DNA evidence alone since 1992. Many more wrongful convictions exist where no DNA evidence is available to test. People are wrongfully convicted due to false confessions, mistaken eyewitness identification, jailhouse informant testimony, and forensic evidence that later proves unreliable. If you or someone you know is innocent, contact the Innocence Project or your state's innocence organization. Exonerated.org tracks current cases.

Reentry is genuinely difficult regardless of how well someone did inside. Plan for the adjustment period. The first 72 hours after release are the highest risk for problems -- having a clear, simple plan for housing, food, and immediate supervision reporting eliminates most early stumbles. Do not pressure the returning person with too many expectations too quickly. They have spent months or years in a rigidly controlled environment and small decisions that are simple for you -- what to eat, where to go -- can be genuinely overwhelming. Support without hovering. Help find employment resources and connect with a reentry program if available in your area.

The research on this is clear: inmates who maintain strong family connections during incarceration have significantly lower recidivism rates after release. Staying connected -- letters, calls, visits -- is not just emotionally important. It is one of the most practical things a family can do to improve the odds of the person coming home and staying home. Isolation increases depression, anger, and the adoption of institutionalized thinking that makes reentry harder. Even a single letter a week makes a measurable difference.

For federal inmates, use the BOP Inmate Locator at bop.gov -- it is free and searches by name or BOP registration number. For state inmates, use the JailGuide inmate search which links to each state's DOC locator. For county jail inmates, contact the jail directly -- most large county jails have online rosters. If someone was recently arrested and is not yet in the system, contact the arresting agency or the county jail in the jurisdiction where the arrest occurred.

If you cannot afford a private attorney, the court must appoint one for you. Federal Public Defenders are often excellent -- they handle only criminal cases and know the federal guidelines extremely well. If you receive a court-appointed attorney and feel they are not adequately representing you, you have the right to request a different attorney, though granting that request is at the judge's discretion. Legal aid organizations can also assist with specific issues including appeals, sentence reductions, and reentry-related legal problems.

Yes, in some circumstances. Federal Rule of Criminal Procedure 35 allows a sentence reduction within 14 days for a clear error. Compassionate release under 18 U.S.C. Section 3582(c)(1)(A) allows a sentence reduction for extraordinary and compelling circumstances -- this has expanded significantly since 2020. Retroactive guideline amendments can allow sentence reduction motions. If you or your attorney believe a reduction motion is viable, file it with supporting documentation as soon as possible. See the attorney page for help evaluating your options.

The book is available as an instant download PDF from the survive prison page. It is available immediately after payment -- no shipping wait. If you have any trouble downloading, contact us with your receipt number and we will send it directly to your email.

Yes, and it is free. The calculator is available for any legal website, attorney blog, bail bond site or criminal justice resource. Visit the calculator embed page for the copy-and-paste iframe code. It works on all modern browsers and is fully mobile responsive. For custom-branded or white-label versions contact us through the contact page.

Use the contact page and send it to the general help address. We read every email and respond as fast as we can -- usually within 24 hours on business days. If your question results in a new FAQ entry you will hear back quickly. Include as much context as you can: federal or state, which state, the type of offense, what stage of the process you are in. The more detail you give, the more useful the answer will be.