Defendant was involved in a cyber-attack crime and was pending extradition to the United States. The defendant had several mental health issues related to depression and there were multiple suicide attempts over his young life (under 25 years old). The charges could have resulted in a 10 year.
Prisonology experts continuously keep up to date on Bureau of Prisons policy and reports on the actions within the BOP. Our priority was preparing a declaration that stated the pre-trial conditions in the United States and, if a conviction resulted, the likely prison designation (security level and location) for the defendant. In addition, we noted the BOP policy on suicide risks and the challenges ahead for the defendant.
The declaration noted that BOP facilities are overcrowded, there are few programs for non-U.S. citizens, the prison term for non-U.S. citizens is longer because of not being able to participate in certain programs (such as halfway house and home confinement) and the prison term will be served at a higher security prison. Non-US citizens primarily serve their term in either Low or Medium security prisons.
In this case, we noted the BOP suicide prevention policy and the number of suicides in the agency each year. In addition, the effects of COVID-19 altered the BOP's operations resulting in several "lockdowns" where prisoners are confined to their cells for extended periods of time. The mental stress, particularly on a person with mental health issues, would be exacerbated in federal prison.
Prisonology cited numerous Office of Inspector General Reports and Government Accountability Office reports on the challenges facing the BOP. These included staff shortages, particularly in the field of medical staff, corruption, overcrowding, isolation, congressional investigations, lack of leadership in BOP and overall poor prison conditions.
Judge ruled to deny extradition, citing Prisonology's expert report.
