A few days ago, the invaluable Liz Oyer noted a change in the Bureau of Prisons (BOP) rules. That agency runs our federal prisons, directing the lives of over 150,000 federal prisoners. It is a change in the rules that seems innocuous until you start thinking about it. Briefly, the old rule was that the BOP decides which prison each inmate goes to; the new rule is that the nation’s attorney general can override the BOP’s decision.
Here is the way things used to be: The BOP conducts a detailed, bureaucratized, quantitative assessment of each inmate’s “security designation and custody classification.” Each inmate is assigned a score based on factors such as offense severity, criminal history, sentence length, and age. That score is used to determine where the inmate serves time.