160. Inmates who escape from CCC's, which are not secure or locked down, may escape in the same fashion as an escape from FPC-Allenwood, that is, a walk-away.
161. Inmates who are housed in facilities which are prisons or jail-type facilities are not in a position simply to walk-away in a non-violent manner because those facilities are generally locked down in some fashion.
162. Inmates in jail-type facilities but who are on work-release status could walk away in the same manner as from FPC-Allenwood, that is, a non-violent walk-away from the employment or work site.
CASE SPECIFIC TO HILLSTROM:
163. Hillstrom's escape from FPC-Allenwood was from non-secure custody as defined by USSG § 2P1.1, Commentary, Application Note 1.
164. At the time of his escape, Hillstrom was assigned the task of mowing the field outside the compound of the camp.
165. Hillstrom was given the key to a tractor at about 7:30 a.m. and directed to mow the fields. He was not monitored or supervised at all times during the day. He was not officially detected missing until the 4:00 p.m. count.
166. Among Hillstrom's duties on his job outside the perimeter fence of FPC-Allenwood was to take debris up to the Lycoming County Landfill which is located on the government reservation at Allenwood and which leases its land from the government. In so doing, he got in line with all of the other people taking debris up to the landfill and took instructions from the landfill master. In addition, while waiting in line, he had an opportunity to talk with other drivers.
167. Among Hillstrom's duties while working at FPC-Allenwood was to get rocks on the road near the landfill with a backhoe. Hillstrom understood that the rocks would be used to build a rock fence.
168. On several occasions, Hillstrom was directed to drive his backhoe through the reservation to the captain's house on Route 44 to pick up garbage.
169. Hillstrom was directed to take rocks to the Associate Warden's and Warden's homes on the government reservation, outside the front gate of FPC-Allenwood.
170. When Hillstrom was working outside the compound of FPC-Allenwood, inmates from FPC-Allenwood would bring him his lunch, which required the other inmate to go outside the compound.
171. Because one of the fields mowed by Hillstrom was next to a golf course, Hillstrom often picked up and tossed golf balls back to individuals who had hit them over the fence.
172. No actual violence took place when Hillstrom walked away from his work detail.
173. Hillstrom's escape conduct or walk away from FPC-Allenwood was conduct which could be identical to an escape or walk away from a CCC.
174. At the time of Hillstrom's walk-away, he was not under immediate supervision.
175. Prison authorities later found Hillstrom's tractor abandoned in nearby woods.
176. FPC-Allenwood is unpatrolled during the work day -- from 7:30 a.m. until 4:00 p.m.
177. There are no formal counts of inmates during the work day. There are two census counts of inmates during the work day.
178. Prisoners at FPC-Allenwood may walk away from the dormitories as easily as from work details.
179. In its categorization of prohibited acts, the BOP categorizes escapes into two levels of severity. The first level of severity of escape is escape from escort, a secure institution, or a non-secure institution using violence. The second level of severity is escape without violence from an unescorted community program, a non-secure institution (such as FPC-Allenwood), or from outside a secure institution.
180. In drafting the sentencing guidelines, the United States Sentencing Commission considered and reviewed the Rules and Regulations of the United States Parole Commission which provide for recision of a parole date for escape behavior. The amount of time by which a parole date is retarded depends upon the type of escape. The parole rules and regulations define escape from non-secure custody as follows:
Non-secure custody refers to custody with no significant physical restraint [e.g., walkaway from a work detail outside the security perimeter of an institution; failure to return to any institution from a pass or unescorted furlough; or escape by stealth from an institution with no physical perimeter barrier (usually a camp or community treatment center).
181. In designating prisoners and determining the level of security in which they should be housed, the BOP attaches a higher security level to inmates who have escaped from secure or closed institutions and a lower security level to inmates who have escaped from non-secure or open institutions.
182. The escape "conduct" of a prisoner who escapes from FPC-Allenwood and a non-secure CCC, community treatment center, halfway house, or from a work release site may be similar, i.e. a walk-away in a non-violent manner; however, the significance and consequences of the escape differ, in that an escape from FPC-Allenwood is generally an escape from a longer sentence and involves a risk of violence.
V. CONCLUSIONS OF LAW
1. When he escaped from FPC-Allenwood, defendant Hillstrom was in non-secure custody.
2. FPC-Allenwood is not similar to the community corrections component of a CCC nor to CCC's in general.
3. FPC-Allenwood is not a "similar facility" for purposes of USSG § 2P1.1(b)(3).
4. Amendment No. 341 to the Sentencing Guidelines which reduces the offense level by four (4) levels for inmates who escape from non-secure custody which is similar to a community corrections center was passed to "provide greater differentiation in the guideline offense levels for the various types of conduct covered by this guideline." U.S.S.G. Appendix C, par. 341.
5. Because FPC-Allenwood is not a facility similar to a CCC, Hillstrom is not entitled to a four-level reduction of the offense level under § 2P1.1(b)(3).
6. The base offense level is 13. The adjusted offense level is 11.
7. Hillstrom's criminal history category is IV.
8. The guideline imprisonment range is 18-24 months.
A. What Is a Community Corrections Center?
Obviously, before a comparison can be made between a CCC and any other facility, it is necessary to determine the nature of a CCC. In this regard, we rely heavily upon the testimony of Edward Hughes, the Community Corrections Manager of the BOP office in Philadelphia.
According to Hughes, a CCC is a specific type of facility, run by a state or private entity with whom the BOP contracts. The performance expected of the contractor is set forth in the Statement of Work, Community Corrections Center, dated February, 1989 (Defendant's Exhibit 3). Other entities contract with the BOP to house inmates in facilities similar to a CCC, but only those facilities run pursuant to a contract incorporating this Statement of Work are actually CCC's. The only facility in the Middle District of Pennsylvania for which there is such a contract is the Catholic Services Community Corrections Center in Scranton, Luzerne County.
Hillstrom contends that we should compare FPC-Allenwood to all of the facilities listed in Finding of Fact No. 12. Eight of those facilities, however, are not CCC's; instead, they have wholly separate contracts with the BOP, which include a community corrections component. While it may be that, because of the community corrections component, some or all of these facilities are similar in some respects to a CCC, USSG § 2P1.1(b)(3) calls for a four-point reduction when the facility in question, i.e. that from which the defendant has escaped, is similar to a CCC. Hillstrom's line of reasoning leads to the conclusion that FPC-Allenwood is similar to facilities which are similar to a CCC, an unjustified broadening of the inquiry. We will therefore confine our comparison to the Catholic Services CCC, or a "hypothetical" CCC, the picture of which is painted by Defendant's Exhibit 3.
B. Conditions of Confinement in a Community Corrections Center
A CCC is a facility owned and operated by an entity other than the BOP which houses non-violent inmates committed for short terms. They generally are located in an urban setting, but that setting is not exclusive. The only CCC in the Middle District of Pennsylvania, the Catholic Services CCC, is located in the City of Scranton. The Catholic Services CCC, like all facilities designated as "community corrections centers" by the BOP, is contractually obligated to the BOP to operate its facility consistently with the rules and guidelines set forth in the Statement of Work, Community Corrections Center, issued by the BOP.
The Statement of Work (hereinafter cited as "SW") shows that the CCC consists of two components: a community corrections component and a pre-release component.
Community corrections inmates are generally confined to the center absent work-release or court-ordered community service; also, they generally are not eligible for passes or furloughs. SW at 22, 31, 32. With prior approval of the community corrections manager ("CCM"), however, passes, furloughs, and other absences from the facility may be permissible under certain, limited circumstances. SW at 22.
There are two types of inmates in a CCC: an inmate who has served a portion of his/her sentence and is completing the sentence; and a "direct court commitment," a non-violent offender recommended by the court. SW at 2. Inmates have a confinement designation of "community." Undisputed Finding of Fact No. 35.
Personnel at a CCC are required to be trained, and there must be staff awake and on the premises at all times. SW at 8. Written personnel policies and job descriptions are required. SW at 8, 9.
Regarding safety, the Statement of Work states in pertinent part:
The use of physical force shall be resorted to only in instances of justifiable self-defense [or] the prevention of loss or damage to property, and to prevent a resident from self-inflicted harm.
Safety of residents and staff shall be given highest priority, however, only the degree of force necessary to control the situation is allowed; excessive force is prohibited. Any instance where use of physical force is required shall be reported immediately to the CCM. The contractor shall furnish a written report within 24 hours.