Is it possible to get a public safety factor removed when you’re in federal prison? This is a question we get often.
There’s nuances to this question. Was it added by your case management team by mistake? If so, then yeah, sometimes paperwork can be pushed and it can be removed.
For instance, we had a client who was given a sex offender (SO) public safety factor when he was there serving time for drug related offenses. There was no sex offense anywhere in his paperwork, past or present, nor any suggestion of such throughout his PSR. We were able to get that one removed.
However, if you were charged with a firearm offense and either discharged that firearm or brandished it, the public safety factor that often comes with will likely be impossible to remove. It’s there because of the facts of your case. A history of good behavior in prison isn’t enough to nullify the facts of your case.
For many inmates in federal prison, a public safety factor means they can’t go to a camp, and in some cases, not even a halfway house. The implications of a public safety factor designation can be further described in BOP programming statements and in the law library, for those in, or about to report to, a federal prison.