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Mail Attachment Psych Reconst Response - Epstein #76318-054.pdf Page 12998 EFTA00043509

U.S. Department of Justice Federal Bureau of Prisons Reentry Services Division Washington, DC 20534 DEC 2 7 TUT9 MEMORANDUM FOR , REGIONAL DIRECTOR NORTHEAST REGION FROM: s tant Director Reentry Services Division SUBJECT: Institution Response Psychological Reconstruction Inmate Epstein, Jeffrey (76318-054) I have reviewed the Institution Response dated November 19, 2019, to the Psychological Reconstruction of an inmate suicide involving Jeffrey Epstein (76318-054). Some of the corrective actions and plans for implementation outlined in the response are unclear or insufficient. Please review the feedback provided and revise your response accordingly. An updated Institution Response is due to me within thirty (30) days of your receipt of this memorandum. If you have questions or concerns, please feel free to contact me at I appreciate your assistance with this matter. CC: Warden, MCC New York EFTA00043510

Institution Response Feedback MCC New York Epstein, Jeffrey (Reg. No. 76318-054) Issue 1: Single Calling - Corrective Measure Accepted The local guidelines provide a reasonable system of control to monitor the single-ceiling 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 EFTA00043511

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? EFTA00043512

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 & SIM 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. EFTA00043513

Noteworthy News Clips 12-9-2019 From To Date 2019/12/09 12:43 Subject: Noteworthy News Clips 12-9-2019 Attachments: TEXT.htm Staff morale plummets at troubled federal lockup where Jeffrey Epstein killed himself New York Daily News https://www,nydailynewscorn/new-york/ny-mrc-epstein-fallout-20191209-qpyrevwxjdtxbfbo4pup5lylm- stogibtml The lower Manhattan federal lockup where Jeffrey Epstein killed himself is falling apart — and so is morale. Repulsed by report of staff raping women at Florida federal prison, Rubio demands inquiry Miami Herald https://www.mi a mi hera Id.com/news/speci a I -repo rts/fl ori d a-pri so ns/arti r I e238130204.html Shocked by a Miami Herald report detailing allegations of systemic sexual abuse of female inmates by male staff at a federal facility, U.S. Sen. Marco Rubio is urging the Bureau of Prisons to conduct a thorough review of Coleman Federal Correctional Complex. FORMER PRISON GUARD PLEADS GUILTY TO ASSAULTING INMATE TO 'TEACH' HIM A LESSON Newsweek https://www.newsweek.conVprison-guard-assault-inmate-texas-1476044 A former federal prison guard pleaded guilty to battering an inmate in his custody, the Justice Department announced Thursday, because "he wanted to teach [the inmate] a lesson." Supreme Court won't let Justice Dept. immediately resume federal executions after hiatus The Washington Post https://www.washingtonpostcom/politics/courts law/supreme-court-wont-let-justice-dept-immediately- resume-federal-executions-after-hiatus/2019/12/06/7103d8e6-1773-11ea-a659-7d69641c6f17_story.html The Supreme Court on Friday refused to let the Justice Department immediately resume federal executions, denying the government's request to bypass a lower-court ruling that the department likely exceeded its powers by adopting a new lethal injection protocol. Supreme Court Derails Plans to Resume Federal Executions The Wall Street Journal https://www.wsj.com/artides/judges-findi ng-of-possible- misconduct-likely-to-delay-federal -execution- 11575665275?sha reTo ken = st4234681d04e547a 78fb0d 6acd92a 535a WASHINGTON—The Supreme Court on Friday derailed Trump administration plans to resume executing federal prisoners next week, refusing to overrule lower-court orders allowing the condemned men to pursue claims that the Justice Department execution protocol violates the Federal Death Penalty Act. Page 13003 EFTA00043514

The unsigned order sent the case back to the U.S. Court of Appeals for the District of Columbia Circuit, where the Justice Department is appealing a district-court decision blocking executions while the issues are litigated. "We expect that the Court of Appeals will render its decision with appropriate dispatch," the order said. No justice filed a dissent, but three conservative justices issued a statement suggesting they gave little weight to the inmates argument. "Nevertheless, in light of what is at stake, it would be preferable for the District Court's decision to be reviewed on the merits by the Court of Appeals for the District of Columbia Circuit before the executions are carried out," Justice Samuel Alito wrote, joined by Justices Neil Gorsuch and Brett Kavanaugh. "While we are disappointed with the ruling, we will argue the case on its merits in the D.C. Circuit and, if necessary, the Supreme Court. The Department of Justice is committed to upholding the rule of law and to carrying forward sentences imposed by our justice system," department spokeswoman Kerri Kupec said. "Three courts have now agreed that the federal government's new execution protocol must be fully adjudicated before it can be used to carry out executions," said Shawn Nolan, a federal defender representing one of the condemned men. "The courts have made clear that the government cannot rush executions in order to evade judicial review of the legality and constitutionality of its new execution procedure." The Supreme Court's order was the latest setback for the administration's drive to reactivate federal executions at the federal prison in Terre Haute, Ind., after a 16-year hiatus. On Thursday, a federal judge in Terre Haute blocked the government from executing Daniel Lewis Lee, who was scheduled to die on Monday for murdering an Arkansas gun dealer and his family. Judge J.P. Hanlon found that federal prosecutors misled jurors to believe Mr. Lee had committed a prior murder, a factor that could have been pivotal in convincing the jury to vote for death. He stayed the execution so further review could proceed. On Friday, the Justice Department appealed that decision to the Seventh Circuit in Chicago, arguing that Mr. Lee waited too long to bring his claim and that whether he had been charged with the prior murder or not was irrelevant. Friday's Supreme Court order lets stand, for now, a November decision by a federal-district judge in Washington, D.C., staying the executions of Mr. Lee and three other inmates Attorney General William Barr had selected to die at Terre Haute in December and January. Judge Tanya Chutkan found that government plans to execute its prisoners by the same pentobarbital method likely violated the Federal Death Penalty Act, which requires that federal prisoners be put to death according to the laws of the state in which they were convicted. A fifth prisoner's execution, scheduled for Dec. 11, received a stay from the Ninth Circuit, in San Francisco, so he could pursue claims of juror bias. A hearing on that issue is scheduled for Dec. 13 before a federal judge in Phoenix. In Terre Haute, Judge Hanlon observed that the trial judge in 1999 found that Mr. Lee's co-defendant, Chevie Kehoe, was more culpable for the killings. After the jury sentenced Mr. Kehoe to life imprisonment without parole, the U.S. attorney notified the court that she wouldn't seek the death penalty against Mr. Lee. Page 13004 EFTA00043515

That decision, however, was overruled by Eric Holder, then deputy attorney general, who convened the Justice Department's death-penalty committee while Attorney General Janet Reno was at a White House meeting, court opinions say. At the penalty phase, federal prosecutors told jurors that Mr. Lee "has another murder under his belt," referring to a 1990 Oklahoma killing of Joey Wavra when Mr. Lee was 17. In that case, a co-defendant was convicted of the murder, but Mr. Lee made a plea bargain with state prosecutors for robbery. "I would suggest to you both legally and morally" Mr. Lee had "the blood of Joey Wavra" on his hands, the prosecutor told the Arkansas jury. The plea bargain was a "gift" that Mr. Lee squandered by killing again, the government argued. In fact, Judge Hanlon wrote, the Oklahoma state judge had found no probable cause to charge Mr. Lee with murder in the Wavra case. "Mr. Lee has presented substantial grounds for claims that his death sentence is unconstitutional," wrote Judge Hanlon, a former federal prosecutor appointed last year by President Trump. He cited Supreme Court precedents that require the government to provide exculpatory information to the defense and prevent it from introducing evidence it knows is false. Page 13005 EFTA00043516

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