JAN 17 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU PRISONS | | Institution: MCC New York, New York | Incident Report number: 3282555 | | | | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|--------------------------------------------------------------------|--|--| | | NAME OF INMATE: Epstein, Jeffrey | | UNIT: 5 Unit Team | | | | | Date of Incident Report: July 23, 2019 | Offense Code: 228 | | | | | Date of Incident: July 23, 2019 | | | | | | | Summary of Charges: Self-Mutilation | | | | | | | NOTICE OF CHARGE(S)
I. | | | | | | | | A. Advanced written notice of charge (copy of Incident Report) was given to inmate on (date)
07-30-2019 at (time) 12:45 p.m.
(by staff member)
M. Rice, Lieutenant | | | | | | | 09:55 a.m.
B. The DHO Hearing was held on (date)
at (time)
08-01-2019 | | | | | | | C. The inmate was advised of the rights before the DHO by (staff member):
R. Proto, Unit Manager on (date)
and a copy of the advisement of rights form
07-30-2019
is attached. | | | | | | II. | STAFF REPRESENTATIVE | | | | | | | A. Inmate waived right to staff representative. Yes
X
No | | | | | | B. Inmate requested staff representative and
N/A
appeared. | | | | | | | | C. Staff Representative statement:
N/A | | | | | | | D. Requested staff representative declined or could not appear but inmate was advised of
option to postpone hearing to obtain another staff representative with the result that: (New
was selected.
Staff Representative Name)
N/A | | | | | | | III. PRESENTATION OF EVIDENCE | | | | | | X
A. Inmate
(denies)
(admits)
(Neither) the charge(s). | | | | | | | B. Summary of inmate statement:
The DEO EXPUNGED the incident report based upon a review of all available evidence submitted
in the DEO Packet in reference to this incident report by MCC New York, New York staff,
during the DEO Review/Hearing on August 1, 2019. Inmate Epstein, Jeffrey Register Number.:
76318-054 was present during this review by the DEO. Based upon a review of all available
information/evidence it was determined there was insufficient evidence to support the | | | | | | | | prohibited act, and this incident report was EXPUNGED.
C. Witnesses:
1. The inmate requested witnesses. Yes | X
No | | | | | | 2. The following persons were called as witness at this hearing and appeared: _N/A | | | | | | | 3. A summary of the testimony of each witness is attached: N/A | | | | | | | 4. The following persons requested were not called for the reason(s) given: N/A | | | | | | | 5. Unavailable witnesses were requested to submit written statements and those statements
N/A
received were considered: | | | | | | | D. Documentary Evidence: In addition to the Incident Report and Investigation, the DHO
considered the following documents: N/A | | | | | | | E. Confidential information was used by DHO in support of his findings, but was not revealed
to the inmate. The confidential information was documented in a separate report. The
confidential information has been (confidential informants have been) determined to be
N/A
reliable because: | | | | | | IV. | FINDINGS OF THE DHO | | | | | | | A. The act was committed as charged.
B. The following act was committed: | X
Discipline PS. | C. No prohibited act was committed:
Expunge according to Inmate | | | | | | | | | | CONFIDENTIAL SDNY_00010587 EFTA00034230 | BP-A0304 | DISCIPLINE HEARING OFFICER REPORT | | |---------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------| | JAN 17
U.S. DEPARTMENT OF JUSTICE | | FEDERAL BUREAU PRISONS | | Name of Inmate: Epstein, Jeffrey | Reg. No.: 76318-054 | Hearing Date: August I, 2019 | | V.
written documents, etc.): | SPECIFIC EVIDENCE RELIED ON TO SUPPORT FINDINGS (Physical evidence, observations, | | | | On August 1, 2019, the DHO found that on July 23, 2019, at approximately 1:27 a.m., you did not
commit the prohibited act of Code 228? Self-Mutilation. The finding is based on the information
New York staff. There was insufficient evidence to support the prohibited act.
The DHO finds there was not sufficient detailed evidence to support you wore involved in this | listed in section 11 of the incident report, and the documentary evidence provided to the DHO by MCC | | | prohibited act(s), and that you did commit the prohibited act of Code 2281 Self-Mutilation. | | | SANCTION OR ACTION TAKEN:
VI. | Offense Severity
SGT Available | 228
N/A | | •**EXPUNGED***
VII. REASON FOR SANCTION OR ACTION TAKEN: | | | | X
VIII. APPEAL RIGHTS:
iven to the inmate.
Discipline Hearing Officer
IX. | expunged. The incident report was expunged based upon a review of all available facts by the OHO,
and due to insufficient evidence to support the prohibited act.
action and reasons for the action. The inmate has been advised of his right to appeal this action
within 20 calendar days under the Administrative Remedy Procedure. A copy of this report has been | The inmate has been advised of the findings, specific evidence relied on, | | Printed Name | Signature | Date | | K. Hampton, DHO | | August 2, 2019 | | DHO report delivered to Inmate by:
Printed Name (Staff) | Signature
Date and Time: | | | | Prescribed by 25270 | Replaces BP-A0304 of AUG 11 | | | | | 2