On May 14, 2024, Judge Johnston of the Northern District of Illinois handed down to an incarcerated individual a 364-day term of imprisonment consecutive to his current sentence after the incarcerated individual was charged under the Assimilative Crimes Act for violating Illinois statute 720 ILCS 5/11-30(a)(2), disorderly conduct, for masturbating in front of an FBOP employee.
Director Colette S. Peters expressed strong support for this decision, underscoring the Bureau's commitment to maintaining a safe and respectful environment for both employees and incarcerated people. "This sentencing is a clear message that misconduct, particularly actions that threaten the safety and integrity of our institutions, will not be tolerated. We stand resolute in our mission to foster a humane and secure environment and protect our employees and incarcerated people from any form of sexual harassment and assault."
During the hearing, the affected FBOP employee courageously provided both a written and an oral statement, highlighting the profound impact of the incident. FCI Thomson Warden Lammer also submitted a supporting written statement. The lack of remorse shown by the incarcerated individual during the hearing was noted, and the sentence imposed was stronger than initially anticipated.
Judge Johnston firmly rejected the defense's argument that this was a simple case of masturbation, emphasizing that it was an intentional assault aimed at controlling FBOP employees. The Judge, not persuaded by the mitigation evidence related to the incarcerated individual's mental health issues, imposed the statutory maximum sentence and expressed a wish that an even longer term could have been imposed.
Director Peters emphasized the importance of this conviction in reinforcing the Bureau's zero-tolerance policy towards sexual assault and misconduct within federal prisons. "Our employees dedicate their lives to upholding the law and ensuring the safe, secure, and humane treatment of those in our custody. It is our responsibility to ensure their safety and well-being, and we will continue to take all necessary actions to protect them from any form of misconduct."
The FBOP is committed to fostering a work environment where both employees and incarcerated people feel secure and supported. As part of this commitment, the FBOP has implemented comprehensive training programs, support services, and robust reporting mechanisms to prevent and address sexual harassment and assault.
Director Peters concluded, "We will remain vigilant in our efforts to protect our employees and incarcerated people, hold offenders accountable, and uphold the highest standards of conduct within our facilities. Today's sentencing is a testament to our unwavering dedication to these principles."