If authorities charge two or more people in the same case, those in the system refer to them as “codefendants.” They are not always treated equally.
Sometimes, one person will offer evidence against other people in the case. When that happens, the Bureau of Prisons may place the equivalent of a “tag” on the person, officially known as a “separatee.” This tag appears in administrative documents, and staff members are supposed to keep an eye out, to make sure that they do not place separatees in the same prison. They don’t always get it right.
A person doesn’t have to be in the same case to become a separatee with another person in federal prison. Problems or disputes may occur within the prison setting, which can lead to a separatee tag.
The indictment against me included several other people. My charge was the most severe, because authorities accused me of being the leader of the offense. For that reason, my name was at the top of the indictment. Other people in the case were my codefendants. Some of those people cooperated against me, others did not. When I began serving my sentence, authorities sent me to a high-security prison along with another person from my case. Since he did not cooperate against me, and I did not cooperate against him, authorities did not consider it a problem for us both to be in the same prison.
Other people sometimes encounter those they testified against, or they encounter people who testified against them. When that happens, the person should know what administrators will do if they learn about the separatee.
- What happens if my codefendant cooperated?
- Will we be housed together?
- Will others know?
- How should I respond?
We can always control how we respond to a certain situation, but we do not know how others will respond. I’ll address the questions above.
If a codefendant cooperated, the pre-sentence investigation report may include that information. That information may also appear in other BOP documents that administrators use to keep track of separatees. Typically, administrators will try to designate the people to different prisons. It’s an effort to minimize possibilities for conflict.
During the decades I served, I knew of many people who began serving their term in a separate facility. Over the years, the people transferred, and sometimes found themselves in the same prison with people who cooperated against them, or vice versa.
If administrators learned about those complications, the captain or another head of security would likely lock the new person into the Special Housing Unit. He’d then initiate a process that would result in the newest person at the compound to transfer to another facility. These types of administrative transfers could disrupt an adjustment. It leaves a person in holding cells, solitary confinement, or transfer centers for days, weeks, or even months.
How the System Handles Codefendants
The Bureau of Prisons (BOP) typically does not house codefendants together, especially if:
- One person cooperated (became a government witness)
- The case involved violence, gangs, or conspiracy
- There’s potential for conflict or retaliation
The BOP uses Presentence Investigation Reports (PSRs), sentencing transcripts, and internal separation orders to classify inmates. If someone in the case cooperated, it’s highly likely the BOP will separate you both to prevent problems.
As I wrote above, sometimes system errors happen. Codefendants—even cooperators—can end up in the same prison, especially at camps or low-security institutions where screening is less rigorous.
Accept What You Can’t Control
No one can change the past. Someone may have cooperated against you. That is the past. I’d recommend you don’t relive the experience day after day, as if you allow external forces to control your mindset, you’ll never have peace or make progress. Accept the past, and shift your focus to your future.
Know Your Paperwork
People in prison refer to the PSR as “paperwork.” The agency’s rules prohibit people from keeping a copy of the PSR, and it’s a protected document—meaning it’s not available for download from court websites. But they still get around. Lawyers sometimes disburse them to clients. But although a PSR isn’t supposed to be public, court websites make many other documents public. And nosy people in prison can learn more about the people in an institution. In minimum-security camps, or low-security prisons, the “paperwork” isn’t as relevant as in medium-security prisons or penitentiaries. If a person has paperwork indicating he or she cooperated against others, or that authorities charged a person with a heinous offense, such as a sexual-related offense, or a crime against a child, the paperwork lead to ostracism in the prison. It’s best to know what the paperwork says, and assess how it will influence a prison adjustment. For some people, it’s okay to be alone; for others, it’s important to mix with other groups. Understand that paperwork will influence the adjustment, and make decisions that will lead to the best possible outcome, given the circumstances of the particular case.
Avoid Prison Politics
In some prisons, snitch labels lead to violence. In others, especially lower-security institutions, people look the other way. Either way, stay away from drama. There is an old saying telling us that people who live in glass houses shouldn’t throw stones. It’s best not to gossip or participate in prison rumors, because they lead to a series of problems, and those problems can disrupt a person’s efforts to prepare for success.
Focus on Personal Development
Use time inside to develop skills that will help you overcome the challenges of a criminal conviction. I encourage people to read intentionally. Work to improve writing skills. Practice math and pursue self-directed learning projects. Every day you grow is a day you’re not giving your codefendant power over your story.
Choose Your Circle Wisely
Surround yourself with others focused on growth, not street credibility. Rebuilding your life requires vision, not vengeance.
Document Your Journey
Track your growth on PrisonProfessorsTalent.com. Develop a personal profile that will help you build credibility with administrators, future probation officers, employers, and others who will have a meaningful influence on your liberty. Most importantly, by memorializing your journey, you’ll live intentionally, deliberately, focusing on the success you want to become.
Long-Term Success
Carrying resentment through prison weighs down your spirit and distracts from your goals.
If someone from your case cooperated, let that be their story. You’re building your own—one based on dignity, discipline, and direction. If you cooperated against someone else, then focus on steps you can take to write the next chapter of your life. Don’t let prison define you. Let your growth through crisis lead you to a better life.
