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Where Will Madoff Serve His Sentence?

There's wild speculation all over TV and the internet about where Bernard Madoff will serve his ultimate sentence. A hyper-ventilating legal pundit on Fox News was yelling he'd go to a maximum security facility. Not so fast.

The Bureau of Prisons has a 108 page manual (pdf) (P5100.08), titled "Inmate Security Designation and Custody Classification", on designations. In Chapter 5, it identifies public safety factors and notes they can be waived. Generally, see page 50: [More...]

Sentence Length. A male inmate with more than ten years remaining to serve will be housed in at least a Low security level institution unless the PSF has been waived.

A male inmate with more than 20 years remaining to serve will be housed in at least a Medium security level institution, unless the PSF has been waived.

A male inmate with more than 30 years remaining to serve (including non-parolable LIFE sentences) will be housed in a High security level institution unless the PSF has been waived.

The institutions are designated Minimum, Low, Medium, High and Administrative, depending upon the level of security and staff supervision the institution is able to provide. Inmates are classified according to the level of security and supervision they require and their individual program needs.

Other factors considered are the inmate's residence, the recommendation of the judge and current population, i.e., overcrowding at a particular facility.

The inmate receives a security score and is then matched with an appropriate institution. But, that's not the only factor and it can be overridden.

An inmate’s security point score is not the only factor used in determining a commensurate security level for an inmate. The application of a PSF (Public Safety Factor) or MGTV (Management Variable) could effect placement at either a higher or lower level institution than the specified point total indicates. (SEE CHAPTER 5 FOR MORE DETAILED INFORMATION)

Even if the offense of conviction is of the highest magnitude,

Greatest Severity Offense. A male inmate whose current term of confinement falls into the "Greatest Severity" range according to the Offense Severity Scale (Appendix A) will be housed in at least a Low security level institution, unless the PSF has been waived.

But it appears Madoff's crime is only one of "moderate severity" which is described as "over $250,000, includes theft, fraud, tax evasion, forgery, currency offenses."

I don't claim to be an expert on the manual, but here's my initial assessment: Because he has no public safety factors (or if he has one it likely will be waived)and he may have a lower management security level than otherwise indicated, Madoff initially will go to a low or medium security facility (not a camp or a maximum) whether he gets 20 years or 150 years. MCC or MDC, whichever he is headed to today until sentencing, will be far worse.

I'll be curious to see whether anyone who is an expert on the manual gives an informed opinion.

< Judge Jails Madoff, Accepts Guilty Plea | Thursday Open Thread >
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    70 years old, and 9.8 handicap? All of his 25 posted scores were between 80 & 89, and 17 of them between 83 & 87? Highly improbable.

    That's the type of consistency you might possibly get from an ex-pro, not from a lifetime of working the phones...

    Working The Phones? (none / 0) (#10)
    by squeaky on Thu Mar 12, 2009 at 01:05:10 PM EST
    Who do you think the guy is? The bulk of his business was done on the golf course.

    Parent
    So, in your learned opinion (none / 0) (#11)
    by sarcastic unnamed one on Thu Mar 12, 2009 at 01:24:17 PM EST
    he's an honest 10?

    Parent
    Sorry (none / 0) (#12)
    by squeaky on Thu Mar 12, 2009 at 01:47:50 PM EST
    I know nothing about golf. Just correcting your characterization of him as someone sweating the phones.

    Madoff was country club all the way. The golf course is where he did business, so I would not be surprised if he was a good player.

    Parent

    Your first sentance says it all. (none / 0) (#14)
    by sarcastic unnamed one on Thu Mar 12, 2009 at 01:51:32 PM EST
    Physicist Golfer's Opinion (none / 0) (#16)
    by squeaky on Thu Mar 12, 2009 at 02:08:01 PM EST
    Drew points out that Madoff's scores make a nice bell curve, which is what you might expect if he was just a steady golfer. "I guess that if Madoff really faked his scores then he did it with Gaussian fluctuations in mind, and that takes more sophistication and effort than most cheaters would be willing to put into cheating," Drew says. "Of course, this is a guy who was pretty good at cheating, apparently, so I guess anything is possible!"

    NPR

    Parent

    You funny. Drew doesn't know anything (none / 0) (#17)
    by sarcastic unnamed one on Thu Mar 12, 2009 at 02:45:26 PM EST
    about golf either.

    Parent
    Your analysis sounds reasonable. (none / 0) (#1)
    by scribe on Thu Mar 12, 2009 at 11:58:37 AM EST
    I would just add to the discussion that he's likely to be the subject of at least the perception of being vulnerable to intra-prison violence given both his notoriety and his advanced age.  I mean, the "victims" at his hearing were characterized as a "bloodthirsty mob" by a law professor and the same article noted Madoff was "the most vilified man in America".

    I would not be surprised if he is placed into a more secure facility for his own safety.

    And, yes, MDC and MCC are hell-holes.  

    Solitary (none / 0) (#2)
    by Dadler on Thu Mar 12, 2009 at 12:06:45 PM EST
    For a long time.  But we don't view ruining people economically the same as we do ruining them physically, so he'll probably be much more well treated than he deserves.

    Parent
    In my opinion (5.00 / 1) (#5)
    by MrConservative on Thu Mar 12, 2009 at 12:18:39 PM EST
    Long-term solitary confinement is an atrocity that needs to be done away with in any civilized nation.

    Actually, it has been, since America's the only nation that practices it.

    Parent

    Hell-holes indeed... (none / 0) (#3)
    by kdog on Thu Mar 12, 2009 at 12:11:07 PM EST
    and believe it or not, much improved hell-holes.  My old man was in the Tombs and the old Brooklyn House of D...he said the House of D was the absolute worst....we can't even imagine.

    As for his safety in prison, I think he'll be allright...he didn't murder or molest any kids, murder or rape any women.  Or rat on anybody.  He won't be bothered any more than anybody else in gen pop.

    As for the calls for p.m.i.t.a. prison...a cage is a cage, does it really matter?  Of course some cages are better than others...but any cage is torture.

    Parent

    You correctly note that (5.00 / 1) (#19)
    by scribe on Thu Mar 12, 2009 at 02:48:25 PM EST
    he didn't murder or molest any kids, murder or rape any women.  Or rat on anybody.

    Those are the least of his problems.  Disappointed Russian oligarch clients are his #1 problem.

    Parent

    safety? (none / 0) (#18)
    by wystler on Thu Mar 12, 2009 at 02:47:17 PM EST
    As for his safety in prison ... Or rat on anybody.  He won't be bothered any more than anybody else in gen pop.

    Not yet, anyway.

    But given the path he's chosen (plead out, without negotiation), there's an easy enough inference that he might have enough information to make the future unpleasant for somebody else. He could easily find his way into a protective custody unit.

    Parent

    I'm not sure I agree that he's in immimnent danger (none / 0) (#4)
    by ytterby on Thu Mar 12, 2009 at 12:15:37 PM EST
    on the inside. The majority of inmates don't really care if you stole money from other people, as long as you didn't steal from THEM. The majority don't have relatives that invested money with him, and most won't try to make a connection between Grandma's house being foreclosed on and Madoff stealing money from rich people.

    In fact, I wouldn't be surprised if he has LOTS of friends in prison, because he'll have access to money. And with money you can go to the store (commissary) and buy things that make your life at least a little better.

    Prison is a surprisingly equitable place, at least in the low/minimum institutions. In general, what you did to get there doesn't count against you as much as how you conduct yourself on the inside.

    The prison caste system... (5.00 / 1) (#7)
    by kdog on Thu Mar 12, 2009 at 12:40:10 PM EST
    in an utshell...as long as you didn't mess with women and/or children to get there, don't stare anybody down, say excuse me when you bump into somebody, mind your own business, never rat, and clock the first guy who messes with ya...generally you'll be left alone.

    Parent
    Yep (none / 0) (#9)
    by ytterby on Thu Mar 12, 2009 at 01:04:45 PM EST
    That's how it was

    Parent
    He'll probably go to some (none / 0) (#13)
    by SOS on Thu Mar 12, 2009 at 01:51:24 PM EST
    secret government tropical retreat in South America to join Ken Lay and others where they enjoy umbrella drinks during the hot part of the day.

    Anyone ever check into wax museums to see if they did a special order to produce a Ken Lay?

    re (none / 0) (#20)
    by Bemused on Thu Mar 12, 2009 at 04:00:04 PM EST
      I'll admit up front, I don't golf, but if you want to hustle people golfing wouldn't you want your handicap to be artificially high rather than low?

    his hustle wasn't for $2 Nassau's.

    Parent
    Protection (none / 0) (#22)
    by randy80302 on Thu Mar 12, 2009 at 04:56:13 PM EST
    He is a practical person and will likely be approached by prison gangs and offered protection in exchange for funds being sent to a relative of an inmate. I agree with the post that if he screwed Russians he is at most danger from them or an associated gang in prison. imho, they will wish to send a message to other fund managers that their money is important and so are they.

    Regardless of where . . . (none / 0) (#23)
    by Doc Rock on Thu Mar 12, 2009 at 06:42:36 PM EST
    . . . Madoff starts his term, he'll wind up in the country club for "sick" inmates in Springfield, Missouri, I bet.