Federal Government Transfers Former Death Row Inmates to Maximum-Security Facilities Post-Commutation
A year after former President Joe Biden commuted the sentences of 37 federal death row inmates to life in prison, the subsequent Trump administration initiated actions regarding their incarceration, including transfers to maximum-security facilities. These actions have drawn criticism and legal challenges.
Inmate Transfers and Conditions
Ten of the 37 inmates were transferred to ADX Florence, a maximum-security prison in Colorado known for its restrictive conditions, where all prisoners are held in solitary confinement. Two inmates were moved to states where prosecutors have expressed intent to seek the death penalty against them again in state courts. An additional two inmates face new death penalty charges in Florida. The remaining inmates have been informed of impending transfers to ADX Florence. One inmate reported attempting suicide due to the anticipation of such a transfer.
Administration's Position and Public Statements
President Donald Trump and Attorney Pam Bondi have defended the treatment of these inmates, stating that the men's murder convictions justify the conditions. Some family members of victims support the transfer of the inmates to ADX Florence.
Policy Concerns and Legal Challenges
Interviews and documents obtained by NPR indicate that the Department of Justice's (DOJ) actions regarding these transfers may conflict with current federal policy. Litigation claims these actions could be unconstitutional. Brian Stull, a lawyer for the American Civil Liberties Union (ACLU) representing 21 of the 37 inmates, described the individuals as being "caught in the crossfire."
Federal rules require the Bureau of Prisons (BOP) to make objective decisions about prisoner transfers based on criteria such as location, security, programmatic needs, and mental and physical health requirements. A ranking system (care levels 1-4) assesses prisoner health needs and facility capabilities. ADX Florence is equipped to accommodate prisoners rated care level 2 or below, meaning less complex care needs. Disregard for health considerations is typically reserved for extraordinary security risks, such as high-profile individuals with escape histories.
ADX Florence general population units are designed for male inmates who have demonstrated an inability to function in less restrictive environments without posing a threat. Conditions at ADX include solitary confinement for 22 to 24 hours daily in cells described as no larger than a parking spot, with limited internal and external communication. Dr. Andrea Brockman, a psychologist who has worked with ADX prisoners, stated that extreme isolation can lead to mental distress, self-harm, and suicide attempts among inmates.
Shift in Transfer Protocols
Following Biden's commutation on December 23, 2024, BOP officials initiated the standard "redesignation" process for the inmates. Shortly after, President Trump, not yet in office, expressed strong disagreement with Biden's decision. On his first day as president, Trump issued an executive order directing the Attorney General to ensure these offenders were imprisoned in conditions consistent with their crimes and the threats they pose. Two days later, inmates were informed they would be evaluated for ADX Florence placement. The first eight inmates were transferred to ADX in September, with two more in November. The DOJ has stated that most of the 37 inmates will be transferred to ADX.
Documents obtained and reviewed by NPR suggest that transferring some of these men to ADX Florence may violate current DOJ and BOP policy. Before 2025, at least 11 inmates on death row had been designated at a care level of 3 or above for medical or psychiatric conditions, making ADX unsuitable. Examples include Charles Hall (Crohn's disease, care level 3), Chadrick Fulks (chronic kidney disease, disc disease, catheter, suicide attempts, care level 3), and Ronald Mikos (heart disease, multiple medications, care level 3). After Trump took office, some prisoners' care records, including Mikos', were reportedly downgraded from level 3 to level 2 without significant health changes, according to NPR interviews and legal records.
A DOJ spokesperson stated that the inmates transferred to ADX are "among the most dangerous in the federal penitentiary system," and their incarceration at ADX is consistent with their crimes and associated security risks. However, inmates' discipline records often did not support ADX transfer; some had no discipline records or violent/escape-related infractions in over a decade. A former correctional officer from federal death row in Terre Haute described the inmates as "mellow" and well-behaved.
Attorney General Pam Bondi posted on social media that the transfers were to "Supermax prisons, where they will spend the rest of their lives in conditions that match their egregious crimes," a statement the ACLU's Stull interpreted as revealing the motive behind the transfers. Robin Maher, director of the Death Penalty Information Center, characterized these transfers as an additional punishment without security justification, which she views as unlawful. Federal policy also recommends transfers to facilities within 500 miles of an inmate's primary residence, a guideline not met for the ten inmates transferred to ADX.
Psychological Impact on Inmates
As early as April, some inmates in Terre Haute expressed concerns about being moved to ADX, with Billie Allen noting potential suicides. In July, inmate Chadrick Fulks attempted suicide through self-mutilation and attempted hanging, citing distress over the anticipated move from his community. Rejon Taylor, another inmate, wrote in an essay about another prisoner planning suicide and his own consideration of it, describing ADX as "being buried alive" and conditions "not designed for humanity."
BOP policy indicates that inmates diagnosed with serious psychiatric illnesses should not be referred for placement at ADX Florence. Dr. Brockman, the former ADX psychologist, linked the government's threat of transfer to the inmates' reported suicidal thoughts and attempts, stating that the government's actions are causing "damage and harm."