Elizabeth Holmes Sentencing Judge Wants To Send Her To Club Fed
But Bureau Of Prisons Intake Guidelines Would Have Her Start At A Maximum Security Prison
On November 18, 2022, Elizabeth Holmes was sentenced by Judge Edward Davila of the United States District Court for the Northern District of California to 135 months imprisonment for her fraud as CEO of Theranos. I wrote about the merits of that sentence for the Daily Beast.
After sentencing, many people asked me whether Ms. Holmes would serve “hard time” or be sent to a “Club Fed”. The short answer is that we do not yet know, because the Bureau of Prisons, not Judge Davila, makes that determination. However, we do know that Judge Davila has recommended that Ms. Holmes serve her sentence at the Federal Prison Camp at Bryan, Texas. That recommendation is far from binding on the Bureau Of Prisons, which will make the ultimate decision about where Ms. Holmes begins serving her sentence.
For female federal prisoners, there are three levels of prison: minimum security, low security and high security. The high security federal prisons for women are each located at a facility that is medium security for men.
FPC Bryan Is A Minimum Security “Club Fed”
FPC Bryan, the facility to which Judge Davila suggested the BOP send Elizabeth Holmes, is what most people think of as a “Club Fed.” Inmates do not live in cells, they live in rooms. The facility is made up of 24 low-slung buildings, and inmates have the freedom to walk from building to building all day long. There are ample recreational facilities and educational opportunities.
Federal Prison Camp Bryan is a minimum-security institution housing only female inmates over the age of 18. The institution has four housing units, each designed to house up to 200 inmates, which are enclosed in two main buildings. Each building houses two units with a central entry way. At the time of the audit, the units were well under capacity. Each housing unit is designed in the same layout, a two story unit, with dry cells, no doors on the cells, restrooms and showers at each end of the building upstairs and downstairs, and a large open dayroom. The housing unit is a large rectangular unit, which provides for wide open site lines, thus limiting the opportunities for blind spots for staff in the unit and on camera view. Each unit has cameras at both ends of the unit as well as the center, looking to the left and right.
Probably most importantly, FPC Bryan is virtually free of reported sexual attacks on female prisoners. The most recent report showed only one substantiated report of a prisoner-on-prisoner sexual attack at FPC Bryan.
To be clear, even time in a “Club Fed” is a fate that I would never want. It means years away from family and friends. It means living without meaningful control of your own life.
The Bureau Of Prisons Guidelines Call For Elizabeth Holmes To Be Sent To A Maximum Security Prison, Not A Club Fed
Although the Bureau of Prisons may consider Judge Davila’s recommendation, it is required to apply its matrix regarding the initial placement of prisoners when they enter the federal system. Under that matrix, prisoners are placed according to the chart below:
The point system, as set forth below, would place Ms. Holmes in a “High Security” facility.
The starting point of the determination is whether an inmate self-reports to prison (as Ms. Holmes will) or is taken into custody at sentencing (Factor #5). Because she will self-report, Ms. Holmes gets “-3” points
But, the biggest determinant of points is the “months to release” (Factor #6). Each month to release counts as a point. Because Ms. Holmes was sentenced to 135 months, and the maximum good time credit is 15%, she is treated as if she has 116 months until her release, putting her at 113 points (116 months - 3 points for self-reporting to prison). She also will receive 3 points under Factor #7, for a “moderate” severity of current offense. All told, she will be assessed 116 entry points. As can be seen in the chart above, anything above 30 points leads to an initial “high security” designation.
High Security Prison For Women Is An Awful Experience
A female prisoner sent to a high security prison lives in a cell, not a barracks. All of the beds are bunk beds, and each prisoner has a cellmate. She is confined to a single building, except for specified recreation and work times. There is not a separate cafeteria, but instead meals are eaten in the housing unit (which often leads to infestations of mice and insects). Her ability to make and receive personal phone calls (other than legal calls) is extremely limited. The nature and amount of educational programming is extremely limited.
There is no high security federal women’s prison in Texas. The closest facility is in Tucson, which is hundreds of miles away from Holmes’ family in Texas.
The female housing unit is separate from the rest of the FCI. The female unit has its own recreation area, library and programming area. The recreation area has a volleyball court, benches, picnic tables and cardio machines. Additionally, the female unit has a separate laundry room with washers and dryers. Tables and stools are located in the housing unit and are utilized as a dining area for the inmates. A television room, a multipurpose room and a beauty room are also found in the housing unit. The unit is open bay style with walls that separate living areas into little cubicles. Each living area contains bunk beds, lockers and chairs. The inmate restroom has public restroom style toilets, sinks and showers. The showers have curtains and a saloon door is found at the entrance of the restroom for additional privacy.
Finally, allegations of sexual assault on prisoners (by staff or other prisoners) are much more common.
Conclusion: We will not know where Elizabeth Holmes will begin her prison sentence until the BOP assigns her to a facility. That will not occur until shortly before her April 27, 2023 date to self-report to prison. Once she has been assigned to a prison, her whereabouts will be publicly-available at this link.
I would not be surprised if, notwithstanding Judge Davila’s recommendation, Elizabeth Holmes begins her prison sentence in a truly-awful high security women’s federal prison.