Do You Have A Loved One Who is Incarcerated In The Bureau of Prisons And In Need of Prison Medical Care?
If you are suffering from a serious medical problem and if the Bureau of Prisons is neglecting to provide you with the medical care which you so desperately need, NLPA can assist your attorney in pursuing a court order that the Bureau of Prisons provide the proper medical care or a medical furlough so you can receive private medical treatment “on the street” from your own physician.
There are two ways in which a federal prison inmate can obtain medical treatment:
Administrative Application For Medical Furlough – Pursuant to Bureau of Prisons Program Statement 5280.4, the Attorney General of the United States has delegated the authority to grant furloughs under Title 18 United States Code Section 4082(c) to the Director, Bureau of Prisons (28CFR0.96)d. Title 18 USC 4082 applies to inmates whose offenses occurred before November 1, 1987. For inmates whose offenses occurred on or after November 1, 1987 the statutory authority for furloughs is found in Title 18 USC Section 3662 of the Comprehensive Crime Control Act. The authority to approve furloughs in the Bureau of Prisons institutions is delegated to the Warden or the Acting Warden. Pursuant to BOP Program Statement 5280.4 the Warden may approve a furlough for purposes of obtaining necessary medical, surgical, psychiatric or dental treatment not otherwise available.
Court Ordered Medical Treatment –
(a) Court Ordered Medical Treatment – if the BOP either fails or refuses efforts administratively to receive proper medical care, the next step is to have counsel file a motion in court asking the court to order the prison to provide you with proper medical care.
(b) Motion for Medical Furlough – If the prison fails to comply with the court’s order to provide you with medical care, it is possible to obtain a medical furlough as the result of the order of a federal court. This usually must be done, after an inmate has exhausted his administrative remedies and the Bureau of Prisons has decided to deny a furlough. However, in the case of a life threatening condition, it is possible to ask the court to allow you to bypass the administrative remedy process.
If you would like to know more about Prison Medical Care and how NLPA may be able to assist your attorney with your case, contact our office today.