A Half Measure: BOP No Longer Sending Sentenced Defendants to Troubled Brooklyn Detention Center

In a follow up to our recent Enforcement Edge blog post that addressed U.S. District Judge Gary R. Brown’s (E.D.N.Y) sentencing opinion excoriating the “dangerous, barbaric conditions” at the Metropolitan Detention Center (MDC), according to press reports, the Bureau of Prisons (BOP) now has “temporarily paused all initial designations” to MDC. Since August, BOP reportedly no longer designates defendants to serve their sentences at MDC, and newly sentenced individuals are being directed elsewhere. This follows Judge Brown’s decision in United States v. Colucci, where the judge ordered that the prison sentence he imposed on the defendant be vacated if BOP designated MDC as the facility where the defendant would serve his sentence. BOP confirmed the change in a statement to the NY Daily News but would not comment on its impetus. Presumably, MDC’s poor conditions and the judicial skepticism of the facility’s ability to ensure the safety of those it houses, as reflected in Judge Brown’s opinion, played a role.

This reportedly temporary shift is limited. It does not affect those individuals currently housed at MDC, and defendants facing pretrial detention will continue to be sent there. But practitioners should take note and be prepared to highlight the contrast between BOP’s apparent policy to no longer send defendants whose guilt has been established to MDC, with its apparent willingness to still house there those who are only facing charges (and are presumed innocent). In particular, practitioners should be prepared to advocate that their pretrial clients — particularly those of advanced age or with preexisting health conditions — be released pending trial and not be subject to MDC’s conditions.

For questions about white collar prosecutions and potential sentencing issues, reach out to the authors or any of their colleagues in Arnold & Porter’s White Collar Defense & Investigations, Securities Enforcement & Litigation, or Anti-Corruption practice groups.

© Arnold & Porter Kaye Scholer LLP 2024 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.