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Ken Gaughan Ken Gaughan

Federal Prison Advocate and Consultant

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Ken Gaughan
Ken Gaughan

Federal Prison Advocate and Consultant

Week 16: “Almost Heaven”

Posted on March 13, 2023 By Ken Gaughan

Since the passage of the First Step Act in 2018, the Board of Prisons has been mandated to incentivize inmates by providing time credits. These credits are based on the performance of each individual inmate and their respective rated level: minimum, low, medium, and high. If levels are consistent for a time period to be minimum and low, then 15 days will be credited for every 30 days that a person is incarcerated. For medium and high levels, then 10 days will be credited for every 30 days. Basically, a person with a minimum or low status will earn about 50% of their time as a credit. I am rated at a minimum level, but I am earning 10 days per month, since I have to have two evaluations completed with the results of minimum status before I am able to earn 15 days credit for each month of incarceration. The first evaluation must be done within a first month and the second evaluation must be completed 6 months after the prior evaluation. My second evaluation will be in late May or early June.

The good news is that the Board of Prisons finally figured out how to implement these credits after 5 years of battling the law. Since I have served over 3 months in Morgantown, I have earned 30 days (1 month) off my sentence time. These credits are calculated at the beginning of each month, so it has been really exciting to see my sentence actually decrease. The final implementation of this process is something called a “projected” date. To help the Board of Prisons appropriately plan and transition inmates, a projected date of release will be calculated, which gives some idea as to when incarceration ceases and the person transitions to a halfway house or home confinement. All these calculations were supposed to be done in the beginning of 2022. However, the calculating system experienced many glitches and miscalculated time and really caused chaos for both inmates and the administration. Now, the credits are calculating and the final cherry on this piece of pie is the projected date. It is expected that the projected date will be available within the month, so I will have a clear picture of just how long I will be attending Morgantown and when I could plan to be released on home confinement.

In addition to all these calculations and projected dates for the First Step Act are other required programs, like a parenting class, the personal finance class that I completed, and other evidence-based programs to help reduce recidivism. After having just completed the required personal finance class, I am now taking an elective tutoring class, which also counts as a programming credit. Upon completion of the course, I will be eligible to be a tutor for inmates who are studying for a GED. Those inmates without a verified high school diploma must complete GED tutoring and attempt to pass the GED exam during their time in Morgantown. Given my experience in education and professional development of adults, I am primed to tutor and hopefully have some positive impact during my time in Morgantown.

In highlighting the importance of positive impact, I am reminded of a story that works well for those fields taht do make a difference for individuals: public service, education, nonprofit, religious, healthcare (medical and mental), recovery/treatment, etc.: After a terrible coastal storm, a man walking alone along the seashore surveyed the damage caused by the storm (and no this is not the Footprints poem). He observed what appeared to be tens of thousands of starfish were stranded on shore from the storm’s surge. Not thinking much the starfish, he observed a young lad walking along the shore toward his direction. The boy would walk a few feet, stop, pick up a starfish, and carefully throw it into the water. After a few minutes, the man and boy crossed paths. Dumbfounded by what the boy was doing, the man politely asked the boy, “Hi, I am curious, what are you doing?” Unbothered by the question, the boy sharply quipped, “Returning the starfish to the water.” “But why?” the man retorted. The boy paused and directed his attention toward the man, “Well, the sun will be coming out from the clouds and will kill the starfish.” The man perplexed by the boy’s motive replied, “There are thousands upon thousands of starfish. How will you even save them?” The boy rhetorically said, “I know that I can’t save them all, but I can make a difference for some.” The boy reached down picked up a starfish and threw it back into the water. The boy muttered, “I made a difference for that one.” It’s a good story for the mindset that some people, not all, maybe helped, educated, recovered, saved, and treated. Also, kids don’t talk to strangers 🙂

Having been in Morgantown for about 4 months, I understand that I will maybe only able to help a few achieve a GED, not all. Just like a few will truly reform from this experience of incarceration, and certainly not all. Idealism versus reality is often heartaching in many situations. However, encouragement, fortitude, and dedication are pillars to remain ideal to impact reality – at least that is what I convince myself of.

Week in Review: Besides obtaining the earned time off credits and starting a new class, the weather remained to be somewhat unseasonably warm, so I was able to spend a lot of time outside in the evenings enjoying it. The morning sunrises and the night skies truly shine a pure beauty on this campus, which I am not exaggerating when I say that they are Godly stunning. Our Creator is seen in the simplistic beauty of Nature – at least I am reminded of God’s presence when moments are difficult. In John Denver’s iconic song, Country Road, one line proclaims, “Almost Heaven, West Virginia.” When I reflect on these moments of sunrises, the clear nights of stars, planets, and the moon, it does ring true that there’s a touch of Heaven in those moments…I am blessed to have these encounters on a near daily basis.

The food remains incredibly delicious. Much of my time has been consumed with preparing for a concert this Thursday. Again, I am not a fan of nearly any of these songs, but the times that I am able to play music helps the time productively pass by.

Finally, I remain eternally grateful for the continued outreach and support from family and friends that I have experienced throughout this many months/years of hell. I really do not deserve the kindness and generosity that I have received. I am profoundly grateful for your thoughtfulness and overly generous support to ensure that I have minutes on a computer, some toiletries, and comfortable clothing to wear. I would love to name drop and give some much thanks and credit, but it would not behoove me to do so…but you know who you are….THANK YOU – THANK YOU!!! I wish you all a wonderful week, and continue to be aware of the little miracles in your lives!

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