 Judge James Zagel agreed Tuesday to recommend Blagojevich for the
program. Neither Zagel nor Blagojevich's attorneys detailed why he
would be eligible. Blagojevich and his legal team have not publicly
identified any problems with drug abuse during the three years since
his arrest in December 2008.One attorney for Blagojevich declined
to comment about the request, and other attorneys did not return
phone messages.
The request could be a move to cut time off his sentence.
Prisoners in the federal residential drug abuse program generally
live apart from other inmates, work fewer hours and are eligible for
up to a year in reduced prison time.
Federal prison officials get the final say on whether an inmate
can enter the program.
Gal Pissetzky, a veteran defense attorney who has closely
followed the Blagojevich case, said he's had many clients ask to
join the drug rehab program or others.
"They always try to get some type of a program," he said.
Blagojevich faces 14 years in prison after being convicted of 18
corruption-related counts, including charges that he tried to sell
or trade the U.S. Senate seat vacated by Barack Obama. He was also
convicted of trying to shake down hospital and racetrack executives
and of lying to the FBI.
Under federal prison guidelines, Blagojevich would normally have
to serve 85 percent of his sentence -- almost 12 years -- before he
could be considered for early release.
Before any inmate can enter the program, prison officials look
for evidence that the inmate has problems with substance abuse,
Federal Bureau of Prisons spokesman Chris Burke said. Typically,
evidence of a problem before a person's arrest -- from medical
records to a statement from a doctor about treatment -- carries more
weight than a problem reported afterward, he said.
A sentence reduction is intended as an incentive to motivate
inmates to complete the program and get better, Burke said.
"We're looking for anybody trying to game the system and trying
to get that year off," he said.
[to top of second column] |
Judges usually use the results of a pre-sentence investigation --
which typically includes details about any drug or alcohol use -- to
make a recommendation, though federal prison officials will make
their own findings before a decision, Pissetzky said. Pre-sentence
investigations remain under seal and are unavailable to the public.
Inmates in the drug abuse program undergo treatment classes and
other requirements, Burke said.
At the request of Blagojevich's attorneys, Zagel also agreed
Tuesday to recommend Blagojevich for the low-security Englewood
prison in Littleton, Colo., near Denver. About 60 inmates out of
about 800 are in the residential drug abuse program, Englewood
spokesman John Sell said.
Blagojevich is scheduled to report to prison March 15. Zagel on
Tuesday gave Blagojevich an extra month before his sentence starts
so he could help his family move into a new home.
[Associated Press]
Copyright 2011 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
 |
