EFTA01733763.pdf

Dear Alex: Consistent with Mr. Epstein's continued exercise of his best efforts to maintain full compliance with the terms of the Non-Prosecution Agreement, we write to inform you of new information we have just received from the Palm Beach County Sheriffs Office. As part of the normal step down process customarily implemented by the Sheriffs Office with respect to inmates similarly situated to Mr. Epstein, and in accordance with the usual and customary progression from the work release phase of incarceration, the Sheriffs Office has informed Mr. Epstein of its desire to implement the next step of home incarceration of Mr. Epstein under 24 hour. 7 day a week GPS monitoring by Sheriffs deputies. We believe that the continued incarceration of Mr. Epstein by the County Sheriff under this next step of the process would not violate the terms of the Non- Prosecution Agreement. However, in an abundance of caution, we write to inform the United States Attorney's Office of the Sheriffs desires to avoid any misunderstandings that may arise on either side. Although you recently informed us that you have recused yourself from participation in Mr. Epstein's case, inasmuch as you, yourself, personally negotiated the terms of the Non-Prosecution Agreement, we thought it would be appropriate to inform you of these new developments. We believe that your explanation regarding the parameters of the document that you negotiated might help clarify any issues that may arise in our discussions with Mr. Sloman and other members of your staff on this matter. As you and your staff consider these developments, we believe that the following points will clarify why this next phase of incarceration does not violate the provisions of the Non-Prosecution Agreement: 1. Under the relevant terms of the Non-Prosecution Agreement, Mr. Epstein was required to "make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment." Moreover, the agreement states that Mr. Epstein was obligated "to use his best efforts to convince the Judge of the 13th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed ..." Clearly, Mr. Epstein has done both. [A] Judge of the 15"' Judicial Circuit accepted and executed the sentence", EFTA_R1_00009209 EFTA01733763 as required by the third term of the Non-Prosecution Agreement, and Mr. Epstein is currently serving precisely the sentence required under the terms of the Non- Prosecution Agreement Not only has Mr. Epstein been serving this sentence, but the specifics of his incarceration have exceeded even that which the Judge, herself, required. The Judge did not order that Mr. Epstein serve his sentence in solitary confinement for the first three months of his incarceration, nor that his outside time, be limited to an average of only 3 hours per week. Yet those terms, which were within the purview of the Sheriffs Office, were accepted and served by Mr. Epstein without complaint 2. The United States Attorneys Office had from the very next day after the Mr Epstein began serving his sentence notified the sheriff that they axknowledged that the conditions of custody were in the discretion of his office "so long as he is treated like any other similarly situated inmate in the county system". We have established that Mr. Epstein qualified for and was granted alternative custody on exactly the same terms applicable to similarly situated county inmates. 3. Alternative custody is granted by the Sheriffs Office as part of a long standing program. It is administered, implemented and monitored exclusively by Sheriffs Office Deputies , separate and apart from program administered by the Florida State Department of Corrections, including the sentence of community control (discussed in point 5 below). Among the phases of the alternative custody program administered by the Palm Beach County Sheriff are work release and home confinement Both work release and home confinement are granted by the Sheriffs Office pursuant to the identical eligibility requirements. As Mr. Epstein has already satisfied the eligibility requirements for work release, he is also eligible for the home confinement phase of county incarceration under the alternative custody program. Inasmuch as we have already agreed that the admission of Mr. Epstein to the county's alternative custody program of incarceration on the same terms as similarly situated county inmates does not violate the terms of the Non-Prosecution Agreement, Mr. Epstein's participation in the next progressive step of that same alternative custody program should also not be in violation of the Non-Prosecution Agreement 4. Home confinement is normal part of the usual and customary progressive step down used to reintegrate inmates back into society. Presently approximately 200 county inmates serve their county sentences in home confinement But home confinement is itself, only one step in the overall progression from strictly supervised institutional incarceration to strictly monitored and supervised alternative custody. This is a well established program of the Palm beach Sheriffs Office . You have confirmed to me on several occasions your agreement that once Mr. Epstein was Mr. Epstein was convicted, sentenced and began serving the sentence imposed by the State of Florida, the United States Attorneys Office would not involve itself in the ordinary administration of Mr. Epstein's sentence by county and state officials. EFTA_R1_00009210 EFTA01733764  5. Home confinement in the County's alternative custody program is not the same as community control., which is strictly a matter administered by the Florida State Department of Corrections. In fact, the two are quite distinct. Home confinement is an alternative form of county incarceration administered exclusively by the County Sheriffs Office. It requires the inmates continued presence within the confines of the four walls of the home, [except when the inmate travels to and from an eligible work location]. The inmates continued presence within the confines of the home is monitored 24 hours and day, 7 days a week by Sheriff's deputies through the use of an ankle bracelet and a GPS monitoring system. If the inmate leaves the confines of the home without permission, deputies are authorized to arrest the inmate immediately. Community Control on the other hand is an enhanced form of probation monitored by case officers with fewer than 25 cases. A person serving community control is not under constant monitoring, but rather must report once a week to his case officer (as opposed to once a month for those on probation). Community control is an individualized program in which the offender is restricted within the community or residence and the sentencing Judge has authority to impose additional conditions or sanctions. In conclusion , the sheriff office has offered Mr. Epstein the next level of alternative custody, and we have advised Mr Epstein that his availing himself of the same opportunity given to other inmates similarly situated would not violate his non- prosecution agreement. There is much correspondence in the record that reflects earlier understandings as well as the final document. We are in agreement with your stated view that the final document , should be our guide. If there are any questions please feel free to contact me . Jay EFTA_R1_00009211 EFTA01733765