This is a Federal Prison Tips Excusive. Ashley Siclovan was an adult male in custody on the west coast. He started at Stafford in Arizona and finished at Victorville Medium, after being granted compassionate release by Federal District Court Judge Adrienne Nelson in the District of Oregon.
Siclovan’s issues for compassionate release were simple. He is a drug addict with severe mental problems. The BOP was failing to provide him any kind of treatment, or rehabilitation, for his Opioid Addiction.
When Siclovan arrived at Stafford he immediately talked with psychology and explained his mental health issues and his opioid addiction and other mental health issues. Originally he was turned down for any counseling and told he would be put on medication. The next time though, rather than treat him, or attempt to rehabilitate him, they threw him in the SHU (segregated or special housing unit) until he was moved to Mendota.
The exact same thing happened at Mendota, this time he was shipped to Victorville Medium, and because it was an active yard, he needed to “put in work”.
Siclovan decided to try something new and went with Compassionate release. He knew his chances were slim, but Federal District Court Judge Adrienne Nelson saw it his way, saying
In addition to the absence of mental health treatment, defendant cites BOP’s wrongful determination of eligibility in RDAP as an extraordinary and compelling circumstance. Def.’s Mot. 12. If defendant had been properly afforded RDAP, he would today be ten months from his release date and immediately eligible for prerelease placement at a halfway house through the Second Chance Act. Id. In turn, because defendant was unable to participate in RDAP, he argues that he will serve twelve months longer in prison than anticipated.
The government, however, argues that this Court “did not order or even recommend that defendant be admitted specifically into RDAP, only that he be afforded drug treatment programs that are available.” Gov’t Resp. 5. The government points to this Court’s order granting defendant’s motion to amend his PSR, which recommends “that the Federal Bureau of Prisons afford defendant drug treatmentpursuant to 18 U.S.C. § 3261 and any other treatment programs that may become available.” Order Suppl. PSR. The government argues that BOP has fulfilled this recommendation as defendant has participated and completed at least two substance abuse programs while in prison. Gov’t Resp. 4-5.
The issue for Ashley is that with his documented “severe drug addiction” he was the prime candidate for RDAP and here, the BOP clearly shows what they think of a judge’s recommendation. Judge Nelson goes on to say:
The government is misguided. At the time of sentencing, Judge Mosman, the sentencing judge, “recommend[ed] strongly that the defendant be allowed to participate in the [BOP’s] residential drug and alcohol program.” Tr. of Proceedings, ECF [59], at 7. Defense counsel attempted to confirm that the records attached to defendant’s sentencing memorandum demonstrated a history of substance abuse, to which Judge Mosman responded:
“I don’t know what I can do other than to say certainly on the record that I reviewed those materials and they form a significant reason – the main reason for my recommendation, which I don’t make idly. I make it because it’s very clear from what you’ve submitted with your sentencing materials that [defendant] suffers from a severe drug addiction and needs help to overcome it. I’m confident the [BOP] will take that into account.”
Thousands of inmates are ignored when they cry out for help, specifically for mental health and other drug treatments. Finally, a district court judge has decided they will no longer stand for this negligence from BOP.
Here is Judge Nelson’s actual opinion
