Details of consent decree between Bureau of Prisons and women at FCI Dublin
Powerless in Prison: The fallout of FCI Dublin
In April, the Bureau of Prisons abruptly shut down the troubled FCI Dublin. KTVU interviews dozens of women and explains what led up to the closure, questioning whether this was retaliation for outside oversight over the prison, which has been riddled with sex abuse for decades.
OAKLAND, Calif. - A legal settlement was reached Friday following years of sexual abuse at a now-shuttered women's prison in Dublin, California, which mandates that the Bureau of Prisons provide better medical and mental healthcare, stop punishing women indiscriminately by putting them in isolation and open its doors and books to a court-appointed monitor who will issue regular reports about what's going on.
The 43-page agreement, formally called a consent decree that was filed in U.S. District Court in Northern California, also mandates increased transparency and key protections for the women once held at FCI Dublin, including easier pathways to early release and home confinement.
Seven correctional officers, including the warden, were sentenced to prison after they were found guilty of sexually abusing women in their care at FCI Dublin from 2020 to 2022. An eighth officer is headed to trial.
Here is a closer look at the details:
What is a consent decree?
A consent decree is a court-approved settlement that resolves a dispute between two or more parties. It is a legally binding agreement and is enforceable by a court.
What does the BOP have to do in this case?
- A court monitor will review the medical and mental health care status of the women involved and prepare a monthly report.
- The BOP must provide the court monitor with monthly reports about medical care wait times.
- The BOP must add a rape crisis center with unmonitored phone calls at each prison, in addition to ongoing mental health care.
- The BOP must provide a reason why a woman was placed in a special housing unit, or the SHU, within 24 hours of being placed there. A liaison shall review the placement within two days and make a recommendation about whether that was appropriate.
- While in the SHU, women must be allowed one social phone call a month and possibly more with a warden's approval. Women should also be allowed some mail and visits while in the SHU. They should also be allowed to exercise, retain some personal property and access programming.
- Women should have access to medicine and care in the SHU, as well as access to the court monitor.
- The court monitor can review why a woman was placed in the SHU every month.
- The BOP cannot retaliate against a woman for reporting staff misconduct.
- Women can report allegations of physical or sexual abuse via a confidential internal electronic messaging system to the Department of Justice.
- The BOP must review all disciplinary reports and expunge all those that were found to have violated due process and readjust a woman's release date accordingly.
- Women must have access to call their lawyers at least once a week.
- The BOP must also issue a "formal, public acknowledgment" to those who survived staff sexual abuse at FCI Dublin.
Cassandra (L) and Windy Panzo, both sexual assault victims at FCI Dublin, pose in front of the now-closed prison. Sept. 8, 2024. Photo: Darlene Baker
How many women does it encompass?
About 500 women who used to be incarcerated at FCI Dublin and who were transferred to 13 prisons across the country.
Does the BOP have to provide these protections to everyone?
No.
But one of the women's attorneys, Susan Beaty, said that they hope the other prisons will abide by the court mandates for everyone.
Has the BOP ever been under a consent decree before?
No.
BOP spokesman Emery Nelson said "our office is not aware of the FBOP entering into a consent decree before now."
As of April 2024, seven FCI Dublin correctional officers have been sentenced for sex crimes and the eighth officer seems to be heading to trial.
How long will this consent decree last?
Two years.
Who will oversee this?
Both the women's lawyers and the BOP want Wendy Still, who was appointed as a special master over the prison in May 2024, to oversee these court mandates.
Still used to be the chief probation officer for the Alameda County Probation Department and has worked for 40 years in adult and community corrections in California.
The consent decree gives Still access to BOP prisons and has the ability to interview both prison officials and incarcerated women.
Still will also be given access to BOP documents related to the women involved in the lawsuit.
KTVU interviewed, emailed and read the written testimony of more than three dozen women who are currently incarcerated at or released from custody from FCI Dublin about the sexual abuse and retaliation that occurs there.
Who will pay for this?
The BOP.
When will this occur?
U.S. District Court Judge Yvonne Gonzalez Rogers is expected to approve the consent decree in February, which is when the reforms will formally have to take place.
Didn't FCI Dublin shut down permanently?
Yes, the BOP shut down FCI Dublin in April 2024, and then announced it would be permanently closed in December, citing that it is too expensive to upgrade the facility and find staff because of the high cost of Bay Area living. The women who were held there were taken to 13 other prisons around the country.
Why did this consent decree occur?
In August 2023, eight women who were incarcerated at FCI Dublin filed a class action lawsuit called the California Coalition for Women Prisoners. The case was headed to trial, but the BOP agreed to these reforms to avoid that. A trial had been scheduled for June 2025.
Lisa Fernandez is a reporter for KTVU. Email Lisa at lisa.fernandez@fox.com or call her at 510-874-0139. Or follow her on Twitter @ljfernandez