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PSYCHOLOGY SERVICES answers to Follow up requests from UK re: extradition From To fl Date 2019/09/11 13:28 Subject: PSYCHOLOGY SERVICES answers to Follow up requests from UK re: extradition Attachments: TEXT.htm • All inmates placed in SHU for 30 days receive a SHU review by the Psychology Services Department. This review involves a brief evaluation with a psychologist who assesses the inmate's psychological functioning, suicidality, and overall adjustment in SHU. • Psychology staff conduct weekly rounds in SHU and if an inmate expresses a need for psychology services, they are placed on a follow-up list to be seen as needed. • Inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary. Inmates who express a desire to speak with psychology in a private area are always pulled out and placed in a private caged area to meet with a psychologist. • Psychology Services has Psychology Advisory List/Hot List hanging up in the SHU which lists all inmates with significant psychological issues or inmates that are at-risk of engaging in self-harm behaviors. This list serves as a guide to Correctional Officers in SHU to inform psychology services if an at-risk inmate enters the SHU. If one of these inmates are placed in SHU, psychology services sees the inmate within 24 hours of the notification for and evaluation of their mental status and adjustment to SHU. • All inmates removed from Suicide Watch are to be double celled with another inmate. This recommendation is placed in the Post Suicide Watch report and is sent in an e-mail to the Lieutenant's who will be escorting the inmates from suicide watch back to SHU. These at-risk inmates are also discussed in the Executive Staff meetings as well as their need for a cellmate. Cellmate's decrease risk for suicide by serving as a rescue opportunity, distraction, source of social support, and reduce feelings of isolation that a depressed inmate may be experiencing in SHU. • In general, all inmates in SHU should be double celled except in exigent circumstances (Safety concerns- separations from the other inmates, too violent to be celled with another, or contagious disease). Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: Fax: E-mail: >> > Good afternoon all, 9/11/2019 1:02 PM >>> I will need the following information to assist the AUSAs in their reply, keeping in mind we will not provide Page 7463 EFTA00057421

any information about the Epstein investigation as it is ongoing: 1) Warden bio 2) Psychology/SHU measures that have been put in place to address suicide watch removal procedures, double ceiling inmates in SHU, and ensuring staff make their 30 minute rounds 3) Increasing staffing 4) Inmate numbers (constitutionally supported) 5) Language used re sanitation and pest control - what did you provide the news media) 6) Racial unrest (none that we are aware of, right?) 7) How psych interviews are performed in SHU (e.g. are any inmates removed from the cells to talk to psych staff)? Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 >> > f. Good afternoon all, 9/3/2019 2:19 PM > » We are assisting the AUSA's in an extradition request out of the UK and have to respond to the below points. Most of the response will be that we cannot comment on an open investigation. However, there are points to be made as to some of the statements (new wardens, post orders and training, staffing, inmate numbers, sanitation and pest control, alleged racial unrest, and how psychology staff interview suicide watch inmates). Is anyone aware of stock language Central Office has used to address these inquiries? Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 E >> >' (USANYS)" < > 9/3/20191:51 PM > » I forgot to attach the additional report and news articles. Frnm• (I KAMM Page 7464 EFTA00057422

Sent: Tuesday, September 3, 2019 1:49 PM To: Cc: (USANYS) Subject: Follow up requests from UK re: extradition I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may remember that we had consulted with you and BOP HQ regarding conditions at the MCC and M DC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? i. With regards to the warden of the MCC and two staff members whom are said to have been reassigned since the death of Mr Epstein, are you able to confirm that their roles have been filled with suitable alternatives? In particular please provide any information about the knowledge and experience of the new warden that you are able to. [page 1, Report, dated 22 August 2019] ii. Is it possible to comment on the decision to take Mr Epstein off suicide watch and whether either, that decision was justified in the circumstances or if considered to be the wrong decision, that new measures are now in place to ensure any mistakes are not repeated. Please detail any new measures on this particular issue now in place if you are able to. [page 2, Report, dated 22 August 2019] Can you provide any explanation as to why Mr Epstein did not have a new inmate sharing his cell in the Special Housing Unit ("SHU") on 9 August 2019 after his other cellmate was moved? Do you accept that there should have been someone sharing his cell in light of his recent apparent suicide attempt? If so, have any new protocols been put in place to ensure this does not happen again? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to ensure people who have been moved to the SHU following a suicide attempt share a cell with others where possible? [page 2, Report, dated 22 August 2019] iv. Is it correct that the two correctional officers due to be carrying out half-hourly checks on Mr Epstein did not carry out any check upon him for a period of several hours before he was discovered in his cell and were instead sleeping? If you accept this is correct what steps have been taken, if any, to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to monitor those who have been moved to the SHU following a suicide attempt, and how is it Page 7465 EFTA00057423

ensured that those measures are safely carried out by staff members? [page 2/3, Report, dated 22 August 2019] v. vi. Is it correct that the correctional officers concerned falsified records in regards to the checks they should have carried out? If you accept this is correct what steps have been taken if any to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure correctional officers do not falsify records and carry out their duties as required with regards to those who have been moved to the SHU following a suicide attempt? [page 3, Report, dated 22 August 2019]. Ms , as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them was not usually a corrections officer but rather was employed by the warehouse and had volunteered to work an extra shift. If you accept this is correct, do you consider it to be appropriate to have such staff members carrying out that type of task and if so what measures are in place to ensure they are able to carry out that particular role safely? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure staff members who do not usually work as correctional officers carry out the task of monitoring those who have been moved to the SHU following a suicide attempt in a safe manner? [page 3, Report, dated 22 August 2019] vii. In a news article, it is said that the BOP had tried to address staffing shortages "in part by using a practice called augmentation to temporarily assign employees who aren't corrections officers to staff posts intended for detention guards". Do you accept that this occurred at the MCC? If so, is this practice still in place and what general measures if any are in place to ensure staff members who do not usually work as correctional officers are able to safely carry out the work of correctional officers, (for example do they receive special training on security or monitoring prisoners considered to be a suicide risk). [CNN Politics Website, "Union and lawmakers have long warned of 'dire' federal prison staffing shortages", 14 August 2019] viii. Ms as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them (the corrections officer) had been working overtime and the other staff member was in the midst of an 80 hour week. Do you agree that many of the correctional officers at the MCC are required to work 60 - 70 hour weeks and if so what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019] ix. Ms further states that the MCC is currently operating with less than 70% of the needed correctional officers. Do you accept that the MCC is operating with less than 70% of the needed correctional officers and if not, how would you describe the current staffing levels? If you agree that the MCC is 70% staffed, what measures, if any, are in place to Page 7466 EFTA00057424

ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019]. x. Ms states that the MCC was designed to house 474 inmates but that on the day of Mr Epstein's death its population was 763. Do you agree with those figures, and if so is the prison able to safely house that sized population, and what measures, if any, are in place to deal with a prison population of that size and ensure the conditions they are housed in remain humane? [page 14, Report, dated 22 August 2019]. xi. Ms states the following with regards to the sanitation conditions at MCC: "Three current MCC Staff Members very recently described to me the current sanitation conditions at the facility. One stated, "The facility is so disgusting it's like a prison in a third-world country. Cleaning supplies are not issued on a regular basis." The individual further advised, "Pest Control is horrible and ineffective, rats, mice and bugs are everywhere!" Another Correctional Officer told me, "There are mice and bugs everywhere including inmates' cells." This information is consistent with my Court testimony on July 3, 2019, and my assessment in Paragraph 20 of my Declaration in the case of Mr. Motiwala. Further, it corroborates the many news reports, regarding the "rodent-infested MCC." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xii. Ms further states: "On a different, yet equally concerning topic, an MCC Correctional Officer advised me this past week, that there is blatant racial discord within the institution, especially amongst Correctional Officers. I did not witness this when I was Warden at MCC, and my contact advises it began a short time following my departure." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xiii. One news article referred to the fact that there was only one psychiatrist shared between the MCC and the other federal prison in New York, and a "handful of psychologists on the staff". It further states that conversations between psychologists and individuals on suicide watch occur "through a slot in the door" rather than in person. Is it still the case that there is a single psychiatrist shared between the MCC and the M DC? Do you agree with the characterisation that there are a handful of psychologists and consultations are carried out through a slot in the door? Have any changes or improvements been made to psychiatric and psychological care provision and staffing in the wake of the death of Mr Epstein or are any planned in the near future? Do you have any comment to make on the observations Page 7467 EFTA00057425

made generally? [News article "Jeffrey Epstein jail 'a gulag' in lower Manhattan", 12 August 2019] Our response is due to the UK September 16. Thank you so much, Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 P: F: Page 7468 EFTA00057426

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