Monday Map: Choosing Your Prison

When Bernie Madoff was sentenced to 150 years in federal prison, his attorney asked for his placement in a facility in the Northeast, where his family would be able to visit him easily. So how did he end up in Butner, North Carolina?

Today's interactive map, from the Wall Street Journal, shows the location of some high profile white-collar prisoners. Although their influence is usually diminished by the time they've reached the sentencing phase, major white collar criminals often have well-connected defense attorneys and the ability to hire prison consultants to help them advocate for a favorable placement. Often, as in Madoff's case, all of this sway doesn't work - and the Bureau of Prisons silently sends the prisoner wherever it chooses.

And, of course, the vast majority of federal prisoners are cogs in the machine aren't well-connected white collar criminals. These prisoners don't have a bit of influence over their placement, and they are sent wherever the system chooses. Change.org contributor Michael Santos writes in his book "Inside: Life Behind Bars in America" about being flown across the country to serve time in various federal facilities during his two-plus decades behind bars.

So how did Madoff end up in the LEED certified prison in Butner? Herb Hoelter, a prison consultant who advised Madoff, said the 150-year sentence likely meant Madoff wouldn't serve in a minimum security facility. The 71-year-old Madoff may also need advanced medical care in the years to come, and Butner has a medical facility. These factors and others are weighed by the Bureau of Prisons

Hoelter is the co-founder of the National Center on Institutions and Alternatives, a non-profit organization that advocates for alternatives to incarceration and prison programs focused on rehabilitation. Hoelter, who waived his fee for Madoff because his assets were frozen, said he told Madoff to find meaningful work in prison.

“It’s a matter of keeping your space and having respect for other people,” Hoelter said. The key for inmates like Madoff is to “bring some meaning to your life.” He said that can be done in many ways, including becoming a GED teacher to other inmates. “He’s sensitive enough and smart enough,” Hoelter said of Madoff. “I don’t think anyone who knows him would be surprised that he will do some good things.”

Take a look at the comments on the WSJ Law Blog for an interesting discussion of the utility of prison consultants. A commenter called "Seattle Criminal Lawyer" says:

Generally, prison consultants aren’t much help. A good federal criminal lawyer knows how to work the sentencing guidelines, how to get stuff into the [Presentencing Report], and how to work with the federal prison system. I don’t see why my clients should pay for services that I am supposed to provide anyway.