EFTA00043989¶
Institution Response Feedback¶
MCC New York¶
Epstein, Jeffrey (Reg. No. 76318-054)¶
Issue 1: Single Ceiling - Corrective Measure Accepted¶
The local guidelines provide a reasonable system of control to monitor the single-celling of inmates in the Special Housing Unit.¶
National guidelines for single ceiling in the Special Housing Unit have been incorporated into national policy and will soon be released. Please reference these generally with a plan to incorporate.¶
Issue 2: 30 Minute Rounds¶
The substance of the two hour Captain video review and six hour IDO video review is unclear. Please clarify the requirement for the Captain and IDO. Additionally, please identify the documentation used to maintain accountability of the reviews.¶
Issue 3: Cellmate Assignments¶
Documentation exists reflecting the role of the local Psychology Services department in communicating the importance of Mr. Epstein’s status as a sex offender with specific needs to the Associate Warden. This includes consultation with the Psychology Services Branch in Central Office. The communication chain and decision making of Executive Staff lacks transparency as there is no documentation of the process or staff members present when decisions were made about the housing of Mr. Epstein. After the fact explanations may not accurately reflect what occurred.¶
Psychology Services was not adequately represented in the decision making of Executive Staff. Please establish a plan to increase the input of a psychologist in placement decisions for vulnerable inmates.¶
Issue 4: Documentation Accuracy¶
Professional responsibility requires taking into account multiple descriptions of an incident as noted in your response. However, when discrepancies exist these should be compiled and noted in documentation to decrease the likelihood of conflicting conclusions.¶
As noted in the reconstruction report, an incident report must be written within 24 hours of having the information that an inmate likely violated BOP rules. An incident report was written for Mr. Epstein prior to a determination of whether he engaged in self-directed violence or was assaulted on July 23, 2019. Staff had ample time to wait for the outcome of the SIS investigation of this incident. The incident report presumed self-directed violence, although SIS was not able to determine whether this incident was self-directed violence or an assault. Generating the incident¶
EFTA00043990¶
report for self-directed violence is evidence of a local bias about the July 23, 2019 incident that still exists amongst some staff at MCC New York. Preconceived notions challenge the ability to remain open about alternative explanations, and subsequent systemic changes may be needed.¶
Please develop and provide local training for all staff that at a minimum reviews the time frame for writing incident reports and offers guidance when there is not clear evidence of an infraction. Include an outline of the training and evidence of staff who attended the training.¶
Typographical Errors - Corrective Measure Accepted¶
Medical Intake Screening - Response Accepted¶
Suicide Watch Log Book - Corrective Measure Accepted¶
BP 292s - Corrective Measure Accepted¶
Psychology Observation - Corrective Measure Accepted¶
Issue 5: Telephone Calls¶
As noted in the response, there is a lack of documentation to substantiate that a lieutenant facilitated two telephone calls to Mr. Epstein. However, this does not address the report of two telephone calls being provided. This response implies that the reporting of two staff members is inaccurate.¶
The response neglects the documented telephone call to Mr. Epstein’s deceased mother.¶
Issue 6: Direct Observation¶
Corrective Measure Accepted¶
Issue 7: Follow-Up¶
Please provide documentation for the follow up training provided to staff detailing the content of the training and to whom it was provided.¶
Issue 8: Inmate Accountability and Assignment Accuracy Periodic and unannounced checks are now conducted in SHU to determine pp30 assignments and actual inmate placement match. Please provide an operational definition of periodic. Please do the same for routine, as it relates Executive Staff bed book counts in all units. Where will the periodic and routine reviews be documented and will they include the identity (e.g., name and title) of staff who complete them?¶
EFTA00043991¶
Issue 9: Attorney Log Books¶
Please provide a copy of the log book audit.¶
Issue 10: Automatic External Defibrillators¶
The response states the reconstruction team reviewed an old and outdated list from January 8, 2018. It is important to note this list was provided to the reconstruction team by institution staff. Provision of inaccurate documentation may reflect systemic issues related to collecting, maintaining, and sharing relevant documentation.¶
Corrective Measure Accepted¶
Issue 11: Post Orders & SHU Training¶
Corrective Measure Accepted¶
Issue 12: Staffing¶
Corrective Measure Accepted¶
Issue 13: Sex Offense Risk Factors¶
Psychologists are subject matter experts in sex offender risk factors and they play a crucial role in sharing this knowledge through traditional settings such as ICT, AT, and institutional meetings. However, Executive Staff play a pivotal role in establishing and addressing institutional culture and promoting and participating in training. A lack of a broad understanding of sex offender specific risk factors requires an intentional training approach led by Executive Staff. They must be out front talking about inmates with a sex offense, expressing an understanding of sex offender dynamics, modeling agency condoned expectations for the understanding and treatment of inmates with a sex offenses, and assisting with institutional trainings. These practices encourage a broader acceptance by line staff.¶