5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed afterthat date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
As used in this chapter,
(a) The
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 4161-4166 (Repealed as to offenses committed on or after November1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510.
(a)
(b)
(i) Describes the institutional emergency that threatens human life orsafety;
(ii) Sets forth reasons why suspension of the rules is necessary to handlethe institutional emergency;
(iii) Estimates how long suspension of the rules will last; and
(iv) Describes criteria which would allow normal rules application to resume.
(2)
(a) Upon direction of the Attorney General, the Director, Bureau of Prisons,may authorize the Warden to implement special administrative measures that arereasonably necessary to prevent disclosure of classified information uponwritten certification to the Attorney General by the head of a member agency ofthe United States intelligence community that the unauthorized disclosure ofsuch information would pose a threat to the national security and that there isa danger that the inmate will disclose such information. These specialadministrative measures ordinarily may include housing the inmate inadministrative detention and/or limiting certain privileges, including, but notlimited to, correspondence, visiting, interviews with representatives of thenews media, and use of the telephone, as is reasonably necessary to prevent thedisclosure of classified information. The authority of the Director under thisparagraph may not be delegated below the level of Acting Director.
(b) Designated staff shall provide to the affected inmate, as soon aspracticable, written notification of the restrictions imposed and the basis forthese restrictions. The notice's statement as to the basis may be limited in theinterest of prison security or safety or national security. The inmate shallsign for and receive a copy of the notification.
(c) Initial placement of an inmate in administrative detention and/or anylimitation of the inmate's privileges in accordance with paragraph (a) of thissection may be imposed for a period of time as determined by the Director,Bureau of Prisons, up to one year. Special restrictions imposed in accordancewith paragraph (a) of this section may be extended thereafter by the Director,Bureau of Prisons, in increments not to exceed one year, but only if theAttorney General receives from the head of a member agency of the United Statesintelligence community an additional written certification that, based on theinformation available to the agency, there is a danger that the inmate willdisclose classified information and that the unauthorized disclosure of suchinformation would pose a threat to the national security. The authority of theDirector under this paragraph may not be delegated below the level of ActingDirector.
(d) The affected inmate may seek review of any special restrictions imposedin accordance with paragraph (a) of this section through the AdministrativeRemedy Program, 28 CFR part 542.
(e) Other appropriate officials of the Department of Justice having custodyof persons for whom special administrative measures are required may exercisethe same authorities under this section as the Director of the Bureau of Prisonsand the Warden.
(a) Upon direction of the Attorney General, the Director, Bureau of Prisons,may authorize the Warden to implement special administrative measures that arereasonably necessary to protect persons against the risk of death or seriousbodily injury. These procedures may be implemented upon written notification tothe Director, Bureau of Prisons, by the Attorney General or, at the AttorneyGeneral's direction, by the head of a federal law enforcement agency, or thehead of a member agency of the United States intelligence community, that thereis a
(b) Designated staff shall provide to the affected inmate, as soon aspracticable, written notification of the restrictions imposed and the basis forthese restrictions. The notice's statement as to the basis may be limited in theinterest of prison security or safety or to protect against acts of violence orterrorism. The inmate shall sign for and receive a copy of the notification.
(c) Initial placement of an inmate in administrative detention and/or anylimitation of the inmate's privileges in accordance with paragraph (a) of thissection may be imposed for up to 120 days or, with the approval of the AttorneyGeneral, a longer period of time not to exceed one year. Special restrictionsimposed in accordance with paragraph (a) of this section may be extendedthereafter by the Director, Bureau of Prisons, in increments not to exceed oneyear, upon receipt by the Director of an additional written notification fromthe Attorney General, or, at the Attorney General's direction, from the head ofa federal law enforcement agency or the head of a member agency of the UnitedStates intelligence community, that there continues to be a substantial riskthat the inmate's communications or contacts with other persons could result indeath or serious bodily injury to persons, or substantial damage to propertythat would entail the risk of death or serious bodily injury to persons. Theauthority of the Director under this paragraph may not be delegated below thelevel of Acting Director.
(d) In any case where the Attorney General specifically so orders, based oninformation from the head of a federal law enforcement or intelligence agencythat reasonable suspicion exists to believe that a particular inmate may usecommunications with attorneys or their agents to further or facilitate acts ofterrorism, the Director, Bureau of Prisons, shall, in addition to the specialadministrative measures imposed under paragraph (a) of this section, provideappropriate procedures for the monitoring or review of communications betweenthat inmate and attorneys or attorneys' agents who are traditionally covered bythe attorney-client privilege, for the purpose of deterring future acts thatcould result in death or serious bodily injury to persons, or substantial damageto property that would entail the risk of death or serious bodily injury topersons.
(1) The certification by the Attorney General under this paragraph (d) shallbe in addition to any findings or determinations relating to the need for theimposition of other special administrative measures as provided in paragraph (a)of this section, but may be incorporated into the same document.
(2) Except in the case of prior court authorization, the Director, Bureau ofPrisons, shall provide written notice to the inmate and to the attorneysinvolved, prior to the initiation of any monitoring or review under thisparagraph (d). The notice shall explain:
(i) That, notwithstanding the provisions of part 540 of this chapter or otherrules, all communications between the inmate and attorneys may be monitored, tothe extent determined to be reasonably necessary for the purpose of deterringfuture acts of violence or terrorism;
(ii) That communications between the inmate and attorneys or their agents arenot protected by the attorney-client privilege if they would facilitate criminalacts or a conspiracy to commit criminal acts, or if those communications are notrelated to the seeking or providing of legal advice.
(3) The Director, Bureau of Prisons, with the approval of the AssistantAttorney General for the Criminal Division, shall employ appropriate proceduresto ensure that all attorney-client communications are reviewed for privilegeclaims and that any properly privileged materials (including, but not limitedto, recordings of privileged communications) are not retained during the courseof the monitoring. To protect the attorney-client privilege and to ensure thatthe investigation is not compromised by exposure to privileged material relatingto the investigation or to defense strategy, a privilege team shall bedesignated, consisting of individuals not involved in the underlyinginvestigation. The monitoring shall be conducted pursuant to procedures designedto minimize the intrusion into privileged material or conversations. Except incases where the person in charge of the privilege team determines that acts ofviolence or terrorism are imminent, the privilege team shall not disclose anyinformation unless and until such disclosure has been approved by a federaljudge.
(e) The affected inmate may seek review of any special restrictions imposedin accordance with paragraph (a) of this section through the AdministrativeRemedy Program, 28 CFR part 542.
(f) Other appropriate officials of the Department of Justice having custodyof persons for whom special administrative measures are required may exercisethe same authorities under this section as the Director of the Bureau of Prisonsand the Warden.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4003,4042, 4081, 4082 (Repealed in part as to offenses committed on or after November1, 1987), 4161-4166 (Repealed in part as to offenses committed on or afterNovember 1, 1987), 5006-5024 (Repealed October 12, 1984, as to offensescommitted after that date), 5039; 28 U.S.C. 509, 510.
70 FR 67091, Nov. 4, 2005, unless otherwise noted.
The Bureau of Prisons consists of a Central Office, located at 320 FirstStreet, NW., Washington, DC 20534, a Staff Training Center, and six RegionalOffices (Northeast, Mid-Atlantic, Southeast, North Central, South Central, andWestern). For further information, please contact the Central Office at theaddress referenced, or visit
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed afterthat date), 5039; 31 U.S.C. 3717; Pub. L. 102-395, 106 Stat. 1842 (18U.S.C. 4001 note); 28 CFR 0.95-0.99.
64 FR 43881, Aug. 11, 1999, unless otherwise noted.
This part establishes procedures for the assessment and collection of a feeto cover the cost of incarceration. The Director of the Bureau of Prisons hasbeen delegated the authority of the Attorney General (see 28 CFR 0.96c) toassess and collect a fee imposed by the Bureau in the event the court neitherimposes nor waives a fine pursuant to the Sentencing Guidelines 5E1.2(d). Forpurposes of this part, revocation of parole or supervised release is to betreated as a separate period of incarceration for which a fee may be imposed.
Pursuant to 28 CFR 0.96c, the Bureau of Prisons staff is responsible forcalculating the annual average cost of incarceration. This calculation isreviewed annually and the revised figure is published as a notice in the
Inmates who began service of sentence before January 1, 1995, or who have hada fine either imposed or expressly waived by the United States District Court,pursuant to Section 5E1.2 (e) of the United States Sentencing Guidelines, or anysuccessor provisions, are exempt from fee assessment otherwise required by thispart.
Bureau of Prisons Unit Team staff are responsible for computing the amount ofthe fee to be paid by each inmate who has not been exempted from fee assessment.The inmate will only be assessed an amount once for the cost of incarcerationfor each separate period of incarceration.
(a) Unit Team staff are to rely exclusively on the information contained inthe Presentence Investigation Report and findings and orders of the sentencingcourt in order to determine the extent of an inmate's assets, liabilities anddependents.
(b) The fee is assessed in accordance with the following formula: If aninmate's assets are equal to or less than the poverty level, as established bythe United States Department of Health and Human Services and published annuallyin the
(c) If the amount of time that the inmate is in custody is less than 334 days(including pretrial custody time), the maximum fee to be imposed is to becomputed by prorating the fee on a monthly basis.
The Warden may reduce or waive the fee if the inmate establishes that:
(a) He or she is not able and, even with the use of a reasonable installmentschedule, is not likely to become able to pay all or part of the fee, or
(b) Imposition of a fee would unduly burden the inmate's dependents.
Fees imposed pursuant to this part are due and payable after notice of theUnit Team actions. When the inmate participates in the inmate financialresponsibility program (see 28 CFR part 545, subpart B), fees are to be includedunder the category “other federal government obligations” and are tobe paid before other financial obligations included in that same category. Feesmay be subject to interest charges.
Before the inmate completes his or her sentence, Unit Team staff must reviewthe status of the inmate's fee. Any unpaid amount will be referred forcollection in accordance with Federal Claims Collection Standards (4 CFR ChapterII).
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed afterthat date), 5039; 28 U.S.C. 509, 510; 31 U.S.C. 1321.
69 FR 40317, July 2, 2004, unless otherwise noted.
The purpose of individual inmate commissary accounts is to allow the Bureauto maintain inmates' monies while they are incarcerated. Family,
(a)
(1) The deposit envelope must not contain any enclosures intended fordelivery to the inmate. We may dispose of any enclosure.
(2) The deposit must be in the form of a money order made out to the inmate'sfull name and complete register number. We will return checks to the senderprovided the check contains an adequate return address.
(b)
5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793,3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed as to offensescommitted on or after November 1, 1987), 5006-5024 (Repealed October 12,1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR0.95-0.99, 6.1.
49 FR 44057, Nov. 1, 1984, unless otherwise noted.
(a) In an effort to prevent the introduction of contraband (such prohibitedobjects as defined in § 511.11(c)) into an institution, Bureau ofPrisons staff may subject all persons entering an institution, or during theirpresence in an institution, to a search of their persons and effects.
(b) Title 18, United States Code, section 3050 authorizes Bureau of Prisonsemployees (does not include United States Public Health Serviceemployees)—
(1) To make an arrest on or off Bureau of Prisons premises without warrantfor violation of the following provisions regardless of where the violation mayoccur: section 111 (assaulting officers), section 751 (escape), section 752(assisting escape) of title 18, United States Code, and section 1826(c) (escape)of title 28, United States Code;
(2) To make an arrest on Bureau of Prisons premises or reservation land of apenal, detention, or correctional facility without warrant for violationoccurring thereon of the following provisions: section 661 (theft), section 1361(depredation of property), section 1363 (destruction of property), section 1791(contraband), section 1792 (mutiny and riot), and section 1793 (trespass) oftitle 18, United States Code, and
(3) To arrest without warrant for any other offense described in title 18 or21 of the United States Code, if committed on the premises or reservation of apenal or correctional facility of the Bureau of Prisons if necessary tosafeguard security, good order, or government property. Bureau policy providesthat such an arrest may be made when staff has probable cause to believe that aperson has committed one of these offenses and when there is likelihood of theperson escaping before a warrant can be obtained.
(a)
(b)
(c)
(a) The Warden shall post a notice outside the institution's secure perimeteradvising all persons that it is a Federal crime to bring upon the institutiongrounds any weapons, intoxicants, drugs, or other contraband, and that allpersons, property (including vehicles), and packages are subject to search. Aperson may not use either a camera or recording equipment on institution groundswithout the written consent of the Warden.
(b) The Warden may require visitors entering the institution from outside thesecure perimeter to submit to a search:
(1) By electronic means (for example, walk-through and/or hand-held metaldetector).
(2) Of personal effects. The institution ordinarily provides locker space forpersonal effects not taken into the visiting room.
(c) The Warden may authorize a pat search of a visitor as a prerequisite to avisit when there is reasonable suspicion that the visitor possesses contraband,or is introducing or attempting to introduce contraband into the institution.
(d) The Warden may authorize a visual search (visual inspection of all bodysurfaces and cavities) of a visitor as a prerequisite to a visit to an inmate ina low and above security level institution, or administrative institution, or ina pretrial or in a jail (detention) unit within any security level institutionwhen there is reasonable suspicion that the visitor possesses contraband or isintroducing or attempting to introduce contraband into the institution.
(e) The Warden may authorize a breathalyzer or urine surveillance test orother comparable test of a visitor as a prerequisite to a visit to an inmatewhen there is reasonable suspicion that the visitor is under the influence of anarcotic, drug, or intoxicant. As stated in § 511.14, the visitor mayrefuse to take the test, but the visit will not be allowed.
(f) A pat search, visual search, or urine surveillance test is to beconducted by a person of the same sex as the visitor. A pat search, visualsearch, urine surveillance, or breathalyzer test shall be conducted out of theview of other visitors and inmates.
(a) The Warden may restrict visiting to controlled situations or to moreclosely supervised visits when there is any suspicion that the visitor isintroducing or attempting to introduce contraband, or when there has been aprior incident of such introduction or attempted introduction, or when there isany concern, based upon sound correctional judgment, about the visitorpresenting a risk to the orderly running of the visiting room or area.
(b) The Warden may deny visiting privileges when a controlled or closelysupervised visit is not possible.
(c) Staff shall deny admission to the institution to a visitor who refuses tobe screened by a metal detector or who refuses to undergo a search of personand/or effects as dictated by these rules.
(a) A visitor who objects to any of the search or test or entrance procedureshas the option of refusing and leaving the institution property, unless there isreason to detain and/or arrest.
(b) Staff may terminate a visit upon determining that a visitor is inpossession of, or is passing or attempting to pass contraband not previouslydetected during the search process, or is engaged in any conduct or behaviorwhich poses a threat to the orderly or secure running of the institution, or tothe safety of any person in the institution. The staff member terminating thevisit is to prepare written documentation describing the basis for this action.
(a) Staff may detain a visitor or any person who is found to be introducingor attempting to introduce such contraband as narcotics, intoxicants, lethal orpoisonous chemicals or gases, guns, knives, or other weapons, or who is engagedin any other conduct which is a violation of law (including, but not limited to,actions which assist escape, such as possession of escape paraphernalia, orwhich induce riots), pending notification and arrival of appropriate lawenforcement officials. The standard for such detention is a finding, based onprobable cause, that the person has engaged in such a violation. Institutionstaff should not interrogate suspects unless immediate questioning is necessaryto protect the security of the institution or the life or safety of any person.
(b) Staff shall employ only the minimum amount of force necessary to detainthe individual. Visitors will be detained in an area away from the sight of, andwhere there can be no contact with, other visitors and inmates.
To effect an arrest under any of the cited sections in § 511.10(b)of this part, or under any future arrest authorization statute that may beapproved by the Congress of the United States, staff shall have probable causethat the suspected individual is violating the law. Whenever possible, theWarden or designee shall make the determination as to whether an arrest shouldoccur.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed afterthat date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
59 FR 13860, Mar. 23, 1994, unless otherwise noted.
General provisions for the protection of human subjects during the conduct ofresearch are contained in 28 CFR part 46. The provisions of this subpart Bspecify additional requirements for prospective researchers (both employees andnon-employees) to obtain approval to conduct research within the Bureau ofPrisons (Bureau) and responsibilities of Bureau staff in processing proposalsand monitoring research
(a) Except as provided for in paragraph (b) of this section, the Bureaurequires the following:
(1) In all research projects the rights, health, and human dignity ofindividuals involved must be respected.
(2) The project must have an adequate research design and contribute to theadvancement of knowledge about corrections.
(3) The project must not involve medical experimentation, cosmetic research,or pharmaceutical testing.
(4) The project must minimize risk to subjects; risks to subjects must bereasonable in relation to anticipated benefits. The selection of subjects withinany one institution must be equitable. When applicable, informed consent must besought and documented (see §§ 512.15 and 512.16).
(5) Incentives may not be offered to help persuade inmate subjects toparticipate. However, soft drinks and snacks to be consumed at the test settingmay be offered. Reasonable accommodations such as nominal monetary recompensefor time and effort may be offered to non-confined research subjects who areboth:
(i) No longer in Bureau of Prisons custody, and
(ii) Participating in authorized research being conducted by Bureau employeesor contractors.
(6) The researcher must have academic preparation or experience in the areaof study of the proposed research.
(7) The researcher must assume responsibility for actions of any personengaged to participate in the research project as an associate, assistant, orsubcontractor to the researcher.
(8) Except as noted in the informed consent statement to the subject, theresearcher must not provide research information which identifies a subject toany person without that subject's prior written consent to release theinformation. For example, research information identifiable to a particularindividual cannot be admitted as evidence or used for any purpose in any action,suit or other judicial, administrative, or legislative proceeding without thewritten consent of the individual to whom the data pertains.
(9) The researcher must adhere to applicable provisions of the Privacy Act of1974 and regulations pursuant to this Act.
(10) The research design must be compatible with both the operation of prisonfacilities and protection of human subjects. The researcher must observe therules of the institution or office in which the research is conducted.
(11) Any researcher who is a non-employee of the Bureau must sign a statementin which the researcher agrees to adhere to the provisions of this subpart.
(12) Except for computerized data records maintained at an officialDepartment of Justice site, records which contain nondisclosable informationdirectly traceable to a specific person may not be stored in, or introducedinto, an electronic retrieval system.
(13) If the researcher is conducting a study of special interest to theOffice of Research and Evaluation (ORE), but the study is not a joint projectinvolving ORE, the researcher may be asked to provide ORE with the computerizedresearch data, not identifiable to individual subjects, accompanied by detaileddocumentation. These arrangements must be negotiated prior to the beginning ofthe data collection phase of the project.
(14) The researcher must submit planned methodological changes in a researchproject to the IRB for approval, and may be required to revise study proceduresin accordance with the new methodology.
(b) Requests from Federal agencies, the Congress, the Federal judiciary, orState or local governments to collect information about areas for which they
When submitting a research proposal, the applicant shall provide thefollowing information:
(a) A summary statement which includes:
(1) Name(s) and current affiliation(s) of the researcher(s);
(2) Title of the study;
(3) Purpose of the project;
(4) Location of the project;
(5) Methods to be employed;
(6) Anticipated results;
(7) Duration of the study;
(8) Number of subjects (staff/inmates) required and amount of time requiredfrom each; and
(9) Indication of risk or discomfort involved as a result of participation.
(b) A comprehensive statement which includes:
(1) Review of related literature;
(2) Detailed description of the research method;
(3) Significance of anticipated results and their contribution to theadvancement of knowledge;
(4) Specific resources required from the Bureau;
(5) Description of all possible risks, discomforts, and benefits toindividual subjects or a class of subjects, and a discussion of the likelihoodthat the risks and discomforts will actually occur;
(6) Description of steps taken to minimize any risks described in (b)(5) ofthis section.
(7) Description of physical and/or administrative procedures to be followedto:
(i) Ensure the security of any individually identifiable data that are beingcollected for the project, and
(ii) Destroy research records or remove individual identifiers from thoserecords when the research has been completed.
(8) Description of any anticipated effects of the research project oninstitutional programs and operations; and
(9) Relevant research materials such as vitae, endorsements, sample informedconsent statements, questionnaires, and interview schedules.
(c) A statement regarding assurances and certification required by 28 CFRpart 46, if applicable.
(a) The Bureau of Prisons' central institutional review board shall be calledthe Bureau Research Review Board (BRRB). It shall consist of the Chief, ORE, atleast four other members, and one alternate, appointed by the Director, andshall meet a sufficient number of times to insure that each project covered by28 CFR part 46 receives an annual review. A majority of members shall not beBureau employees. The BRRB shall include an individual with legal expertise anda representative for inmates whom the Director determines is able to identifywith inmate concerns and evaluate objectively a research proposal's impact on,and relevance to, inmates and to the correctional process.
(b) The Chief, ORE, shall serve as chairperson of the BRRB. If a potentialconflict of interest exists for the BRRB chairperson on a particular researchproposal, the Assistant Director, Information, Policy, and Public AffairsDivision, shall appoint another individual to serve as chairperson on matterspertaining to that project.
(a) An applicant may submit a preliminary research proposal for review by theOffice of Research and Evaluation, Federal Bureau of Prisons, 320 First Street,NW., Washington, DC 20534. Staff response to the preliminary proposal does notconstitute a final decision.
(b) If the study is to be conducted at only one institution, the applicantshall submit a formal proposal to the warden of that institution. Proposalprocessing will be as follows:
(1) The warden shall appoint a local research review board to consult withoperational staff, to evaluate the proposal for compliance with research policy,and to make recommendations to the warden. The local research review board isencouraged, but not required, to meet the membership requirements of an IRB, asspecified in 28 CFR part 46.
(2) The warden shall review the comments of the board, make a recommendationregarding the proposal, and forward the proposal package to the RegionalDirector, with a copy to the Chief, ORE.
(3) The Regional Director shall review the proposal and forwardrecommendations to the Chief, ORE.
(c) If the study is to be conducted at more than one institution or at anyother Bureau location, the applicant shall submit the research proposal to theChief, Office of Research and Evaluation, Federal Bureau of Prisons, 320 FirstStreet, NW., Washington, DC 20534. The Chief, ORE, shall determine anappropriate review process.
(d) All formal proposals will be reviewed by the BRRB.
(e) The BRRB chairperson may exercise the authority of the full BRRB under anexpedited review process when another official IRB (either within or outside theBureau) has approved the research, or when, in his/her judgment, the researchproposal meets the minimal risk standard and involves only the following:
(1) The study of existing data, documents, or records; and/or
(2) The study of individual or group behavior or characteristics ofindividuals, where the investigator does not manipulate subjects' behavior andthe research will not involve stress to subjects. Such research would includetest development and studies of perception, cognition, or game theory. If aproposal is processed under expedited review, the BRRB chairperson must documentin writing the reason for that determination.
(f) The Chief, ORE, shall review all recommendations made and shall submitthem in writing to the Director, Bureau of Prisons.
(g) The Director, Bureau of Prisons, has final authority to approve ordisapprove all research proposals. The Director may delegate this authority tothe Assistant Director, Information, Policy, and Public Affairs Division.
(h) The approving authority shall notify in writing the involved region(s),institution(s), and the prospective researcher of the final decision on aresearch proposal.
(a) Employees, including consultants, of the Bureau who are conductingauthorized research projects shall have access to those records relating to thesubject which are necessary to the purpose of the research project withouthaving to obtain the subject's consent.
(b) A non-employee of the Bureau is limited in access to informationavailable under the Freedom of Information Act (5 U.S.C. 552).
(c) A non-employee of the Bureau may receive records in a form notindividually identifiable when advance adequate written assurance that therecord will be used solely as a statistical research or reporting record isprovided to the agency (5 U.S.C. 552a(b)(5)).
(a) Before commencing a research project requiring participation by staff orinmates, the researcher shall give each participant a written informed consentstatement containing the following information:
(1) Identification of the principal investigator(s);
(2) Objectives of the research project;
(3) Procedures to be followed in the conduct of research;
(4) Purpose of each procedure;
(5) Anticipated uses of the results of the research;
(6) A statement of benefits reasonably to be expected;
(7) A declaration concerning discomfort and risk, including a description ofanticipated discomfort and risk;
(8) A statement that participation is completely voluntary and that theparticipant may withdraw consent and end participation in the project at anytime without penalty or prejudice (the
(9) A statement regarding the confidentiality of the research information andexceptions to any guarantees of confidentiality required by federal or statelaw. For example, a researcher may not guarantee confidentiality when thesubject indicates an intent to commit future criminal conduct or harmhimself/herself or someone else, or, if the subject is an inmate, indicates anintent to leave the facility without authorization.
(10) A statement that participation in the research project will have noeffect on the inmate participant's release date or parole eligibility;
(11) An offer to answer questions about the research project; and
(12) Appropriate additional information as needed to describe adequately thenature and risks of the research.
(b) A researcher who is an employee of the Bureau shall include in theinformed consent statement a declaration of the authority under which theresearch is conducted.
(c) A researcher who is an employee of the Bureau, in addition to presentingthe statement of informed consent to the subject, shall also obtain thesubject's signature on the statement of informed consent, when:
(1) The subject's activity requires something other than response to aquestionnaire or interview; or
(2) The Chief, ORE, determines the research project or data-collectioninstrument is of a sensitive nature.
(d) A researcher who is a non-employee of the Bureau, in addition topresenting the statement of informed consent to the subject, shall also obtainthe subject's signature on the statement of informed consent prior to initiatingthe research activity. The researcher may not be required to obtain thesignature if the researcher can demonstrate that the only link to the subject'sidentity is the signed statement of informed consent or that there issignificantly more risk to the subject if the statement is signed. The signedstatement shall be submitted to the chairperson of the appropriate localresearch review board.
The BRRB shall monitor all research projects for compliance with Bureaupolicies. At a minimum, yearly reviews will be conducted.
The Director, Bureau of Prisons, may suspend or terminate a research projectif it is believed that the project violates research policy or that itscontinuation may prove detrimental to the inmate population, the staff, or theorderly operation of the institution.
The researcher shall prepare reports of progress on the research and at leastone report of findings.
(a) At least once a year, the researcher shall provide the Chief, ORE, with areport on the progress of the research.
(b) At least 12 working days before any report of findings is to be released,the researcher shall distribute one copy of the report to each of the following:the chairperson of the BRRB, the regional director, and the warden of eachinstitution which provided data or assistance. The researcher shall include anabstract in the report of findings.
(a) A researcher may publish in book form and professional journals theresults of any research project conducted under this subpart.
(1) In any publication of results, the researcher shall acknowledge theBureau's participation in the research project.
(2) The researcher shall expressly disclaim approval or endorsement of thepublished material as an expression of the policies or views of the Bureau.
(b) Prior to submitting for publication the results of a research projectconducted under this subpart, the researcher shall provide two copies of thematerial, for informational purposes only, to the Chief, Office of Research
(a) An employee of the Bureau may not copyright any work prepared as part ofhis/her official duties.
(b) As a precondition to the conduct of research under this subpart, a non-employee shall grant in writing to the Bureau a royalty-free, non-exclusive, andirrevocable license to reproduce, publish, translate, and otherwise use andauthorize others to publish and use original materials developed as a result ofresearch conducted under this subpart.
(c) Subject to a royalty-free, non-exclusive and irrevocable license, whichthe Bureau of Prisons reserves, to reproduce, publish, translate, and otherwiseuse and authorize others to publish and use such materials, a non-employee maycopyright original materials developed as a result of research conducted underthis subpart.
5 U.S.C. 301, 552, 552a; 13 U.S.C.; 18 U.S.C. 3621,3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct occurring onor after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as toconduct occurring after that date), 5039; 28 U.S.C. 509, 510; 31 U.S.C. 3711(f);5 CFR part 297; 28 CFR 0.95-0.99 and parts 16 and 301.
45 FR 44228, June 30, 1980, unless otherwise noted.
58 FR 68765, Dec. 29, 1993, unless otherwise noted.
This subpart describes the procedures to be followed by an inmate whorequests a copy of his or her FBI identification record or National CrimeInformation Center Interstate Identification Index (NCIC/III) record andreferences the procedures to follow in order to challenge the contents of suchrecord.
(a)
(i) Bureau of Prisons staff shall assist the inmate to obtain the fingerprintimpressions required to be submitted with such an application.
(ii) The inmate may direct that funds be withdrawn from his or herinstitution account to pay the applicable fee.
(2) An inmate may request a copy of his or her FBI identification record frominstitution staff.
(i) If the requested FBI identification record is in the inmate's institutionfile, staff shall provide the inmate with a copy.
(ii) If the requested FBI identification record is not in the inmate'sinstitution file, staff shall direct the inmate to the procedure referenced inparagraph (a)(1) of this section.
(b)
Where the inmate believes that his or her FBI identification record isincorrect or inaccurate, the inmate may follow procedures outlined in 28 CFR16.34. The procedures in 28 CFR 16.34 also apply for the clarification of aninmate's NCIC/III record.
(a) The Bureau of Prisons will provide to the head of any law enforcementagency of a state or of a unit of local government in a state information onfederal prisoners who have been convicted of felony offenses and who areconfined at a residential community treatment center located in the geographicalarea in which the requesting agency has jurisdiction. Law enforcement personnelinterested in obtaining this information must forward a written request to theappropriate Regional Community Programs Administrator (see 28 CFR part 503 forthe mailing address). The type of information that the Bureau of Prisons mayprovide is set forth in 18 U.S.C. 4082(f). That information includes: names,dates of birth, FBI numbers, nature of the offenses against the United States,fingerprints, photographs, and the designated community treatment centers, withprospective dates of release.
(b) Any law enforcement agency which receives information under this rule maynot disseminate such information outside of such agency. If an agencydisseminates information contrary to this restriction, the Bureau of Prisons mayterminate or suspend release of information to that agency.
61 FR 64950, Dec. 9, 1996, unless otherwise noted.
This subpart establishes procedures for the release of requested records inpossession of the Federal Bureau of Prisons (“Bureau”). It isintended to implement provisions of the Freedom of Information Act (FOIA), 5U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a, and to supplement Department ofJustice (DOJ) regulations concerning the production or disclosure of records orinformation, 28 CFR part 16.
(a)
(b)
The Bureau provides for the disclosure of agency information pursuant toapplicable laws, e.g. the Freedom of Information Act (5 U.S.C. 552), and thePrivacy Act (5 U.S.C. 552a).
Bureau records are often sought by subpoena, court order, or other courtdemand, in connection with court proceedings. The Attorney General has directedthat these records may not be produced in court without the approval of theAttorney General or his or her designee. The guidelines are set forth in 28 CFRpart 16, subpart B.
(a) Information that concerns an individual and is contained in a system ofrecords maintained by the Bureau shall not be disclosed to any person, or toanother agency except under the provisions of the Privacy Act, 5 U.S.C. 552a,the Freedom of Information Act, 5 U.S.C. 552, and Departmental regulations.
(b) Lists of Bureau inmates shall not be disclosed.
Accounting/nonaccounting of disclosures to third parties shall be made inaccordance with Department of Justice regulations contained in 28 CFR 16.52.
(a) No Bureau component may contract for the operation of a record system byor on behalf of the Bureau without the express written approval of the Directoror the Director's designee.
(b) Any contract which is approved shall contain the standard contractrequirements promulgated by the General Services Administration (GSA) to ensurecompliance with the requirements imposed by the Privacy Act. The contractingcomponent shall have the responsibility to ensure that the contractor complieswith the contract requirements relating to privacy.
Inmates are encouraged to use the simple access procedures described in thissection to review disclosable records maintained in his or her Inmate CentralFile, rather than the FOIA procedures described in §§ 513.60through 513.68 of this subpart. Disclosable records in the Inmate Central Fileinclude, but are not limited to, documents relating to the inmate's sentence,detainer, participation in Bureau programs such as the Inmate FinancialResponsibility Program, classification data, parole information, mail, visits,property, conduct, work, release processing, and general correspondence. Thisinformation is available without filing a FOIA request. If any information iswithheld from the inmate, staff will provide the inmate with a generaldescription of that information and also will notify the inmate that he or shemay file a FOIA request.
(a)
(b)
(2) During the file review, the inmate is to be under direct and constantsupervision by staff. The staff member monitoring the review shall enter thedate of the inmate's file review on the Inmate Activity Record and initial theentry. Staff shall ask the inmate to initial the entry also, and if the inmaterefuses to do so, shall enter a notation to that effect.
(3) Staff shall advise the inmate if there are documents withheld fromdisclosure and, if so, shall advise the inmate of the inmate's right under theprovisions of § 513.61 to make a FOIA request for the withhelddocuments.
A parole-eligible inmate (an inmate who is currently serving a sentence foran offense committed prior to November 1, 1987) may review disclosable portionsof the Inmate Central File prior to the inmate's parole hearing, under thegeneral procedures set forth in § 513.40. In addition, the followingguidelines apply:
(a) A parole-eligible inmate may request to review his or her Inmate CentralFile by submitting the appropriate Parole Commission form. This form ordinarilyshall be available to each eligible inmate within five work days after a list ofeligible inmates is prepared.
(b) Bureau staff ordinarily shall schedule an eligible inmate for a requestedInmate Central File review within seven work days of the request after theinmate has been scheduled for a parole hearing. A reasonable extension of timeis permitted for documents which have been provided (prior to the inmate'srequest) to originating agencies for clearance, or which are otherwise notavailable at the institution.
(c) A report received from another agency which is determined to benondisclosable (see § 513.40(b)) will be summarized by that agency,in accordance with Parole Commission regulations. Bureau staff shall place thesummary in the appropriate disclosable section of the Inmate Central File. Theoriginal report (or portion which is summarized in another document) will beplaced in the portion of the Privacy File for Joint Use by the Bureau and theParole Commission.
(d) Bureau documents which are determined to be nondisclosable to the inmatewill be summarized for the inmate's review. A copy of the summary will be placedin the disclosable section of the Inmate Central File. The document from whichthe summary is taken will be placed in the Joint Use Section of the PrivacyFolder. Nondisclosable documents not summarized for the inmate's review are notavailable to the Parole Commission and are placed in a nondisclosable section ofthe Inmate Central File.
(e) When no response regarding disclosure has been received from anoriginating agency in time for inmate review prior to the parole hearing, Bureaustaff are to inform the Parole Commission Hearing Examiner.
(a) Except for the limitations of paragraphs (c) and (d) of this section, aninmate may review records from his or her medical file (including dentalrecords) by submitting a request to a staff member designated by the Warden.
(b) Laboratory reports which contain only scientific testing results andwhich contain no staff evaluation or opinion (such as Standard Form 514A,Urinalysis) are ordinarily disclosable. Lab results of HIV testing may bereviewed by the inmate. However, an inmate may not retain a copy of his or hertest results while the inmate is confined in a Bureau facility or a CommunityCorrections Center. A copy of an inmate's HIV test results may be forwarded to athird party outside the institution and chosen by the inmate, provided that theinmate gives written authorization for the disclosure.
(c) Medical records containing subjective evaluations and opinions of medicalstaff relating to the inmate's care and treatment will be provided to the inmateonly after the staff review required by paragraph (d) of this section. Theserecords include, but are not
(d) Prior to release to the inmate, records described in paragraph (c) ofthis section shall be reviewed by staff to determine if the release of thisinformation would present a harm to either the inmate or other individuals. Anyrecords determined not to present a harm will be released to the inmate at theconclusion of the review by staff. If any records are determined by staff not tobe releasable based upon the presence of harm, the inmate will be so advised inwriting and provided the address of the agency component to which the inmate mayaddress a formal request for the withheld records. An accounting of any medicalrecords will be maintained in the inmate's medical file.
Inmates are encouraged to use the simple local access procedures described inthis section to review certain Bureau Program Statements, rather than the FOIAprocedures described in §§ 513.60 through 513.68 of thissubpart.
(a) For a current Bureau Program Statement containing rules (regulationspublished in the
(b) For a current Bureau Program Statement not containing rules (regulationspublished in the
(c) Inmates are responsible for the costs of making personal copies of anyProgram Statements maintained in the institution law library. For copies ofProgram Statements obtained under the FOIA procedures described in§§ 513.60 through 513.68 of this subpart, fees will becalculated in accordance with 28 CFR 16.10.
Within a reasonable time after a request, Bureau staff are to provide aninmate personal copies of requested disclosable documents maintained in theInmate Central File and Medical Record. Fees for the copies are to be calculatedin accordance with 28 CFR 16.10.
Because inmate records are exempt from disclosure under the Privacy Act (see28 CFR 16.97), inmate requests for records under the Privacy Act will beprocessed in accordance with the FOIA. See §§ 513.61 through513.68.
Requests for any Bureau record (including Program Statements and OperationsMemoranda) ordinarily shall be processed pursuant to the Freedom of InformationAct, 5 U.S.C. 552. Such a request must be made in writing and addressed to theDirector, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C.20534. The requester shall clearly mark on the face of the letter and theenvelope “FREEDOM OF INFORMATION REQUEST,” and shall clearlydescribe the records sought. See §§ 513.61 through 513.63 foradditional requirements.
(a) Inmates are encouraged to use the simple access procedures described in§ 513.40 to review disclosable records maintained in his or herInmate Central File.
(b) An inmate may make a request for access to documents in his or her InmateCentral File or Medical File (including documents which have been
(c) The inmate requester shall clearly mark on the face of the letter and onthe envelope “FREEDOM OF INFORMATION ACT REQUEST”, and shall clearlydescribe the records sought, including the approximate dates covered by therecord. An inmate making such a request must provide his or her full name,current address, date and place of birth. In addition, if the inmate requestsdocuments to be sent to a third party, the inmate must provide with the requestan example of his or her signature, which must be verified and dated withinthree (3) months of the date of the request.
Former federal inmates may request copies of their Bureau records by writingto the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington,D.C. 20534. Such requests shall be processed pursuant to the provisions of theFreedom of Information Act. The request must be clearly marked on the face ofthe letter and on the envelope “FREEDOM OF INFORMATION ACT REQUEST”,and must describe the record sought, including the approximate dates covered bythe record. A former inmate making such a request must provide his or her fullname, current address, date and place of birth. In addition, the requester mustprovide with the request an example of his or her signature, which must beeither notarized or sworn under penalty of perjury, and dated within three (3)months of the date of the request.
A request for records concerning an inmate or former inmate made by anauthorized representative of that inmate or former inmate will be treated as in§ 513.61, on receipt of the inmate's or former inmate's writtenauthorization. This authorization must be dated within three (3) months of thedate of the request letter. Identification data, as listed in 28 CFR 16.41, mustbe provided.
(a) All requests for records under the Freedom of Information Act received bythe FOI/PA Administrator, Office of General Counsel, will be reviewed and may beforwarded to the appropriate Regional Office for proper handling. Requests forrecords located at a Bureau facility other than the Central Office or RegionalOffice may be referred to the appropriate staff at that facility for properhandling.
(b) The requester shall be notified of the status of his or her request bythe office with final responsibility for processing the request.
If a document is deemed to contain information exempt from disclosure, anyreasonably segregable portion of the record shall be provided to the requesterafter deletion of the exempt portions. If documents, or portions of documents,in an Inmate Central File have been determined to be nondisclosable byinstitution staff but are later released by Regional or Central Office staffpursuant to a request under this section, appropriate instructions will be givento the institution to move those documents, or portions, from the Inmate PrivacyFolder into the disclosable section of the Inmate Central File.
If a request made pursuant to the Freedom of Information Act is denied inwhole or in part, a denial letter must be issued and signed by the Director orhis or her designee, and shall state the basis for denial under§ 513.32. The requester who has been denied such access shall beadvised that he or she may appeal that decision to the Office of Information andPrivacy, U.S.
Fees for copies of records disclosed under the FOIA, including fees for arequester's own records, may be charged in accordance with Department of Justiceregulations contained in 28 CFR 16.10.
Consistent with sound administrative practice and the provisions of 28 CFR16.1, the Bureau strives to comply with the time limits set forth in the Freedomof Information Act.
5 U.S.C. 301; 18 U.S.C. 3568 (Repealed November 1, 1987as to offenses committed on or after that date), 3585, 3621, 3622, 3624, 4001,4042, 4081, 4082 (Repealed in part as to conduct occurring on or after November1, 1987), 4161-4166, (repealed October 12, 1984, as to offenses committedon or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as tooffenses committed after that date), 5039; 28 U.S.C. 509, 510; D.C. Code§ 24-101(b).
44 FR 38244, June 29, 1979, unless otherwise noted.
70 FR 67092, Nov. 4, 2005, unless otherwise noted.
(a) This subpart describes the procedures for federal civil contempt of courtcommitments (civil contempt commitments) referred to the Bureau of Prisons(Bureau). These cases are not commitments to the custody of the Attorney Generalfor service of terms of imprisonment following criminal convictions.
(b) We cooperate with the federal courts to implement civil contemptcommitments by making our facilities and resources available. When we receivenotification from the federal court that the reason for the civil contemptcommitment has ended or that the inmate is to be released for any other reason,we will terminate the inmate's civil contempt commitment.
Inmates can come into Bureau custody for civil contempt commitments in twoways:
(a) The U.S. Marshals Service may request a designation from the Bureau for acivil contempt commitment if local jails are not suitable due to medical,security or other reasons; or
(b) The committing court may specify a Bureau institution as the place ofincarceration in its contempt order. We will designate the facility specified inthe court order unless there is a reason for not placing the inmate in thatfacility.
If a criminal sentence imposed under the U.S. Code or D.C. Code exists when acivil contempt commitment is ordered, we delay or suspend credit towards serviceof the criminal sentence for the duration of the civil contempt commitment,unless the committing judge orders otherwise.
(a) Except as stated in (b), if a civil contempt commitment order is ineffect when a criminal sentence of imprisonment is imposed under the U.S. orD.C. Code, the criminal sentence runs consecutively to the commitment order,unless the sentencing judge orders otherwise.
(b)
We treat inmates serving civil contempt commitments in Bureau institutionsthe same as pretrial inmates. If an inmate is serving a civil contemptcommitment and a concurrent criminal sentence, we treat the inmate the same as aperson serving a criminal sentence.
While serving only the civil contempt commitment, an inmate is not entitledto good time sentence credit.
Bureau of Prisons staff screen newly arrived inmates to ensure that Bureauhealth, safety, and security standards are met.
(a) Except for such camps and other satellite facilities where segregating anewly arrived inmate in detention is not feasible, the Warden shall ensure thata newly arrived inmate is cleared by the Medical Department and provided asocial interview by staff before assignment to the general population.
(1) Immediately upon an inmate's arrival, staff shall interview the inmate todetermine if there are non-medical reasons for housing the inmate away from thegeneral population. Staff shall evaluate both the general physical appearanceand emotional condition of the inmate.
(2) Within 24 hours after an inmate's arrival, medical staff shall medicallyscreen the inmate in compliance with Bureau of Prisons' medical procedures todetermine if there are medical reasons for housing the inmate away from thegeneral population or for restricting temporary work assignments.
(3) Staff shall place recorded results of the intake medical screening andthe social interview in the inmate's central file.
When the court orders or recommends an unescorted commitment to a Bureau ofPrisons institution, the Bureau of Prisons authorizes the commitment anddesignates the institution for service of sentence. The Bureau of Prisons alsoauthorizes furlough transfers of inmates between Bureau of Prisons institutionsor to nonfederal institutions in appropriate circumstances in accordance with 18U.S.C. 3622 or 4082, and within the guidelines of the Bureau of Prisons policyon furloughs, which allows inmates to travel unescorted and to reportvoluntarily to an assigned institution.
5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1, 1987as to offenses committed on or after that date), 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to conduct occurring on or after November 1,1987), 4161-4166 (repealed October 12, 1984 as to offenses committed on orafter November 1, 1987), 5006-5024 (Repealed October 12, 1984 as toconduct occurring after that date), 5039; 28 U.S.C. 509, 510.
54 FR 32028, Aug. 3, 1989, unless otherwise noted.
(a)
(b)
(c)
(d)
(a) An inmate conditionally released from imprisonment either by parole ormandatory release can earn statutory good time, upon being returned to custodyfor violation of supervised release, based on the number of days remaining to beserved on the sentence. The rate of statutory good time for the violator term iscomputed at the rate of the total sentence from which released.
(b) An inmate whose special parole term is revoked can earn statutory goodtime based on the number of days remaining to be served on the special paroleviolator term. The rate of statutory good time for the violator term is computedat the rate of the initial special parole term plus the total sentence that wasserved prior to the special parole term and to which the special parole term wasattached.
(c) Once an inmate is conditionally released from imprisonment, either byparole, including special parole, or mandatory release, the good time earned(extra or statutory) during that period of imprisonment is of no further effecteither to shorten the period of supervision or to shorten the period ofimprisonment which the inmate may be required to serve for violation of paroleor mandatory release.
(a) The Bureau of Prisons awards extra good time credit for performingexceptionally meritorious service, or for performing duties of outstandingimportance or for employment in an industry or camp. An inmate may earn only onetype of extra good time award at a time (e.g., an inmate earning industrial orcamp good time is not eligible for meritorious good time), except
(b) The provisions of this rule do not apply to inmates sentenced under theSentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984.This means that inmates sentenced under the Sentencing Reform Act provisions foroffenses committed on or after November 1, 1987 are not eligible for eitherstatutory or extra good time, but may be considered for a maximum of 54 days ofgood conduct time credit per year (see 18 U.S.C. 3624(b)).
(a) Staff are responsible for recommending meritorious good time based uponwork performance. Each recommendation must include a justification which clearlyshows that the work being performed is of an exceptionally meritorious nature oris of outstanding importance in connection with institutional operations. Workperformance and the importance of the work performed are the only criteria forawarding meritorious good time.
(b) A retroactive award of meritorious good time is ordinarily limited tothree months, excluding the month in which the recommendation is made. Aretroactive award in excess of three months requires the approval of the Wardenor designee (may not be delegated below the level of Associate Warden). Staffare to include with any recommendation for an inmate to receive a retroactiveaward of meritorious good time, a written statement confirming the inmate'seligibility for the retroactive award.
(c) Meritorious good time continues uninterrupted regardless of workassignment changes unless the Warden or the Discipline Hearing Officer takesspecific action to terminate or disallow the award.
Extra good time for an inmate in work or study release programs is awardedautomatically, beginning on the date the inmate is assigned to the program andcontinuing without further approval as long as the inmate is participating inthe program, unless the award is disallowed.
Extra good time for an inmate in a Federal or contract Community CorrectionsCenter is awarded automatically, beginning on arrival at the facility andcontinuing as long as the inmate is confined at the Center, unless the award isdisallowed.
Extra good time for an inmate employed in Federal Prison Industries, Inc., isautomatically awarded, beginning on the first day of such employment, andcontinuing as long as the inmate is employed by Federal Prison Industries,unless the award is disallowed. An inmate on a waiting list for employment inFederal Prison Industries is not awarded industrial good time until actuallyemployed.
An inmate assigned to a farm or camp is automatically awarded extra
Any staff member may recommend to the Warden the approval of an inmate for alump sum award of extra good time. Such recommendations must be for anexceptional act or service that is not part of a regularly assigned duty. TheWarden may make lump sum awards of extra good time not to exceed thirty days. Ifthe recommendation is for an award in excess of thirty days and the Wardenconcurs, the Warden shall refer the recommendation to the Regional Director whomay approve the award. No award may be approved which would exceed the maximumnumber of days allowed under 18 U.S.C. 4162. The actual length of time served onthe sentence, to the date that the exceptional act or service terminated, is thebasis on which the maximum amount possible to award is calculated. No seniorityis accrued for such awards. Staff may recommend lump sum awards of extra goodtime for the following reasons:
(a) An act of heroism;
(b) Voluntary acceptance and satisfactory performance of an unusuallyhazardous assignment;
(c) An act which protects the lives of staff or inmates or the property ofthe United States; this is to be an act and not merely the providing ofinformation in custodial or security matters;
(d) A suggestion which results in substantial improvement of a program oroperation, or which results in significant savings; or
(e) Any other exceptional or outstanding service.
(a) Extra good time is awarded at a rate of three days per month during thefirst twelve months of seniority in an earning status and at the rate of fivedays per month thereafter. The first twelve months of seniority need not bebased on a continuous period of twelve months. If the beginning or terminationdate of an extra good time award occurs after the first day of a month, apartial award of days is made.
(b) An inmate may be awarded extra good time even though some or all of theinmate's statutory good time has been forfeited or withheld.
(c) Parole and mandatory release violators may earn extra good time the sameas other inmates. Once an inmate is conditionally released from imprisonment,either by parole, including special parole, or mandatory release, the good timeearned during that period of imprisonment is of no further effect either toshorten the period of supervision or to shorten the period of imprisonment whichthe inmate may be required to serve for violation of parole or mandatoryrelease.
(d) Staff working in the community have the same extra good time authority asthe Warden when approving the award of good time for an inmate confined in anon-federal facility and may approve meritorious good time or lump sum awards inaccordance with this rule upon recommendations made by a responsible personemployed by the non-federal facility. The appropriate staff in the RegionalOffice may review all such awards if the Regional Director requires the review.
(e) An inmate who is transferred remains in the earning status at time oftransfer, unless the reason for transfer would otherwise have caused removalfrom an earning status, and provided the inmate's behavior is such while intransit that it does not justify removal. Where the receiving institution is acamp, farm, or community corrections center, the extra good time continuesautomatically upon the inmate's arrival. Where the receiving institution isother than a camp, farm, or community corrections center, the extra good time isterminated upon arrival, and staff at the receiving institution shall revieweach case to determine if the inmate should continue in meritorious good timeearning status if not immediately employed in Federal Prison Industries orassigned to a work/study release program. If the inmate then is not continued inmeritorious good time earning status, later awards must comply with proceduresoutlined in § 523.11.
(f) An inmate serving a life sentence may earn extra good time even thoughthere is no mandatory release date from which to deduct the credit since thepossibility exists that the sentence may be reduced or commuted to a definiteterm.
(g) Extra good time is not automatically discontinued while an inmate ishospitalized, on furlough, out of the institution on a writ of habeas corpus, orremoved under the Interstate Agreement on Detainers. Extra good time may beterminated or disallowed during such absences if the Warden or the DisciplineHearing Officer finds that the inmate's behavior warrants such action.
(h) Extra good time earned by an inmate in a District of Columbia Departmentof Corrections facility is treated the same as if earned in a Bureau of Prisonsinstitution, upon transfer to a Bureau institution.
(i) An inmate committed under the provisions of 18 U.S.C. 3651 (splitsentence) may earn extra good time credits provided the sentence imposed is notunder the provisions of 18 U.S.C. 5010 (b) or (c) (YCA). All extra good time andseniority earned is carried over to any subsequent probation violator sentencebased on the original split sentence.
(j) An inmate committed under the provisions of 18 U.S.C. 4205(c) may earnextra good time credits towards the final sentence that may be imposed. Suchextra good time credits do not reduce the three months allowed for study. Aninmate committed under the provisions of 18 U.S.C. 4244, as amended effectiveOctober 12, 1984, may earn extra good time credits toward the final sentencethat may be imposed. Such extra good time credits do not reduce the provisionalsentence. Extra good time may continue during a commitment for examination ofhospitalization and treatment under 18 U.S.C. 4245, as amended effective October12, 1984.
(k) Inmates committed under the provisions of 18 U.S.C. 4244, 4246-47,4252, 5010 (b), (c), (e), or 5037(c) as these sections were in effect prior toOctober 12, 1984, are not entitled to extra good time deductions. Inmatescommitted under the provisions of 18 U.S.C. 4241, 4242, 4243, or 4246 as thesesections were amended effective October 12, 1984, are not entitled to extra goodtime deductions.
(l) A pretrial detainee may not earn good time while in pretrial status. Apretrial detainee, however, may be recommended for good time credit. Thisrecommendation shall be considered in the event that the pretrial detainee islater sentenced on the crime for which he or she was in pretrial status.
(m) An inmate committed for civil contempt is not entitled to extra good timedeductions while serving the civil contempt sentence.
(n) A military or Coast Guard inmate may earn extra good time. Extra goodtime earned in Federal Prison Industries in a military or Coast Guardinstallation is treated the same as if earned in Federal Prison Industries inthe Bureau of Prisons. Other forms of military or Coast Guard extra good time,such as Army Abatement time, are fully credited, but no seniority is allowed.
(o) American citizens who are serving sentences in foreign countries and whoare subsequently returned to this country under the provisions of 18 U.S.C.chapter 306 (Pub. L. 95-144) may have earned work, labor, or program timecredits in the foreign country similar to extra good time earned under 18 U.S.C.4162. Such foreign “extra good time” credits shall be treated as ifawarded under § 523.16, Lump Sum Awards, with any future lump sumaward consideration in this country calculated on the basis of time served incustody of the Bureau of Prisons. After return to this country an inmate mayearn extra good time at the three-day rate and advance to the five-day rateafter one year of seniority is accrued. No seniority is accrued for foreign“extra good time” credits.
(p) An inmate in extra good time earning status may not waive or refuse extragood time credits.
(q) Once extra good time is awarded, it becomes vested and may not beforfeited or withheld, or retroactively terminated or disallowed.
(a) For inmates serving a sentence for offenses committed on or afterNovember 1, 1987, but before September 13, 1994, the Bureau will award 54 dayscredit toward service of sentence (good conduct time credit) for each yearserved. This amount is prorated when the time served by the inmate for thesentence during the year is less than a full year.
(b) For inmates serving a sentence for offenses committed on or afterSeptember 13, 1994, but before April 26, 1996, all yearly awards of good conducttime will vest for inmates who have earned, or are making satisfactory progress(see § 544.73(b) of this chapter) toward earning a GeneralEducational Development (GED) credential.
(c) For inmates serving a sentence for an offense committed on or after April26, 1996, the Bureau will award
(1) 54 days credit for each year served (prorated when the time served by theinmate for the sentence during the year is less than a full year) if the inmatehas earned or is making satisfactory progress toward earning a GED credential orhigh school diploma; or
(2) 42 days credit for each year served (prorated when the time served by theinmate for the sentence during the year is less than a full year) if the inmatehas not earned or is not making satisfactory progress toward earning a GEDcredential or high school diploma.
(d) Notwithstanding the requirements of paragraphs (b) and (c) of thissection, an alien who is subject to a final order of removal, deportation, orexclusion is eligible for, but is not required to, participate in a literacyprogram, or to be making satisfactory progress toward earning a GeneralEducational Development (GED) credential, to be eligible for a yearly award ofgood conduct time.
(e) The amount of good conduct time awarded for the year is also subject todisciplinary disallowance (see tables 3 through 6 in § 541.13 of thischapter).
67 FR 48386, July 24, 2002, unless otherwise noted.
Educational good time sentence credit is authorized by District of Columbia(D.C.) Code § 24-221.01, and reduces the amount of time toserve under a term of imprisonment. In these rules, we refer to D.C. educationalgood time as “DCEGT.”
You are eligible for DCEGT if:
(a) You are incarcerated in a Bureau of Prisons' (Bureau) institution or aBureau contract facility;
(b) You are serving a term of imprisonment for a D.C. criminal code violationcommitted before August 5, 2000;
(c) Your Unit Team approved or designed a plan for you to complete a programdesignated by the Bureau as eligible for DCEGT;
(d) The Supervisor of Education (SOE) finds that you successfully completed aBureau-designated education program on or after August 5, 1997; and
(e) You did not violate prison discipline rules while enrolled in the program(see § 523.33).
(a) You can earn 5 days DCEGT for each month you were enrolled in adesignated program, up to the maximum amount designated by the Bureau for thetype of program successfully completed.
(b) You are limited to 5 days per month DCEGT, even if enrolled in more thanone designated program.
(c) Enrollment in a designated program for any portion of a calender monthearns one full month's worth of DCEGT.
(d) You are not eligible for DCEGT which, if awarded, would make you past duefor release.
(e) Once appropriately awarded, DCEGT vests, and cannot be forfeited.
Eligibility for DCEGT is limited in two ways:
(a) If you violate prison rules, you are not eligible for one month's worthof DCEGT for each disciplinary incident committed during the program enrollmentperiod. A Discipline Hearing Officer, or other staff using procedures similar tothose in 28 CFR 541.17, must determine that you committed a prohibited act.
(b) The nature of your offense may limit your eligibility for DCEGT underD.C. Code 24-221.01b or 24-221.06.
You can use the Administrative Remedy Program, 28 CFR 542.10 through 542.19,to challenge Bureau of Prisons decisions regarding DCEGT.
5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622,3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed onor after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as tooffenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510;Title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. Chapter 223); 28 CFR0.95-0.99.
At 71 FR 36007, June 23, 2006, theauthority citation for part 524 was revised, effective July 24, 2006. For the convenienceof the user, the revised text follows:
5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622,3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed onor after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as tooffenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510.
56 FR 30676, July 3, 1991, unless otherwise noted.
It is the policy of the Bureau of Prisons to classify each newly committedinmate within four weeks of the inmate's arrival at the institution designatedfor service of sentence and to conduct subsequent program reviews for eachinmate at regular intervals. The Warden shall establish procedures to ensurethat a newly committed inmate is promptly assigned to a classification team.
The Warden shall ensure that each department within the institution has theopportunity to contribute to the classification process.
(a) At a minimum, each classification (unit) team shall include the unitmanager, a case manager, and a counselor. An education advisor and a psychologyservices representative are also ordinarily members of the team. Where theinstitution does not have unit management, the team shall include a casemanager, counselor, and one other staff member.
(b) Each member of the classification team shall individually interview thenewly arrived inmate within five working days of the inmate's assignment to thatteam.
(a) The Warden or designee shall ensure that each newly committed inmate isscheduled for initial classification within four weeks of the inmate's arrivalat the designated institution.
(b) Staff shall conduct a program review for each inmate at least once every180 days. When an inmate is within twelve months of the projected release date,a program review shall be conducted at least once every 90 days.
(c) Staff shall notify an inmate at least 48 hours prior to that inmate'sscheduled appearance before the classification team (whether for the initialclassification or subsequent program review). An inmate may waive in writing the48-hour notice requirement. The inmate is expected to attend the initialclassification and all subsequent program reviews. If the inmate refuses toappear at a scheduled meeting, staff shall document on the Program Review Reportthe inmate's refusal and, if known, the reasons for refusal. A copy of thisreport is to be forwarded to the inmate. The inmate is responsible for becomingaware of, and will be held accountable for, the classification team's actions.
(d) Staff shall complete a Program Review Report at the inmate's initialclassification. This report ordinarily includes information on the apparentneeds of the inmate and shall offer a correctional program designed to meetthose needs. The Program Review Report is to be signed by the unit manager andthe inmate, and a copy is to be provided to the inmate. The correctionalprograms will be stated in measurable terms, establishing time limits,performance levels, and specific, expected program accomplishments. Staff willdocument progress and any program changes at subsequent reviews in the samemanner in a new Program Review Report. Each sentenced inmate who is physicallyand mentally able is assigned to a work program at the time of initialclassification. The inmate may choose not to participate in the offered program,unless the program is a work assignment, or mandated by Bureau policy, by courtorder, or by statute.
(e) The inmate is to be provided with, and must sign for, a copy of theProgram Review Report. If the inmate refuses to sign for a copy of this report,staff witnessing the refusal shall place a signed statement to this effect onthe report. Staff shall place a copy of the Program Review Report in theinmate's central file.
The existence of a detainer, by itself, ordinarily does not affect theinmate's program. An exception may occur where the program is contingent on aspecific issue (for example, custody) which is affected by the detainer.
Staff shall establish a procedure to ensure that inmates are provided programreviews as required by this rule. Upon request of either the inmate or staff,and with the concurrence of the team chairperson, an advanced program review mayoccur.
An inmate may appeal, through the Administrative Remedy Program, a decisionmade at initial classification or at a program review.
Inmates committed to the custody of the U.S. Attorney General for purposes ofstudy and observation are excluded from the provisions of this rule.
Additional provisions pertinent to pretrial inmates are contained in§ 551.107 of this chapter.
At 71 FR 36007, June 23, 2006, Subpart Bof Part 524 was revised, effective July 24, 2006. For the convenience of theuser, the revised text follows:
The purpose of this subpart is to explain the Bureau of Prisons (Bureau)process for classifying newly committed inmates and conducting program reviewsfor all inmates except:
(a) Pretrial inmates, covered in 28 CFR part 551; and
(b) Inmates committed for study and observation.
(a)
(1) Newly committed inmates will be classified within 28 calendar days ofarrival at the institution designated for service of sentence.
(2) Inmates will receive a program review at least once every 180 calendardays. When an inmate is within twelve months of the projected release date,staff will conduct a program review at least once every 90 calendar days.
(b)
(1) Inmates will be notified at least 48 hours before that inmate's scheduledappearance before the classification team (whether for the initialclassification or later program reviews).
(2) Inmates may submit a written waiver of the 48-hour notice requirement.
(3) The inmate is expected to attend the initial classification and all laterprogram reviews. If the inmate refuses to appear at a scheduled meeting, staffmust document on the Program Review Report the inmate's refusal and, if known,the reasons for refusal, and give a copy of this report to the inmate.
(c)
(d)
58 FR 50808, Sept. 28, 1993, unless otherwise noted.
This subpart establishes procedures for designation, classification, parole,and release of Youth Corrections Act (YCA) inmates. In keeping with courtfindings, and in accord with the repeal of 18 U.S.C. chapter 402, sections 5011and 5015(b), all offenders sentenced under the provisions of the YCA presentlyin custody, those retaken into custody as parole violators, and those yet to becommitted (probation violators, appeal bond cases, etc.) may be transferred toor placed in adult institutions under the provisions of this policy.
(a)
(b)
(a) Wardens are to ensure each committed youth offender is scheduled for athree-phase program plan which will include a classification phase, a treatmentphase, and a pre-release phase. A program plan for each YCA inmate will bedeveloped by the Unit Team as a part of the classification phase. The Warden mayexempt a YCA inmate from program participation when individual circumstanceswarrant such exceptions. Such exceptions must be requested and acknowledged bythe inmate, and the reason(s) for exemption must be documented in the inmate'scentral file.
(1)
(i) Behavior;
(ii) Treatment/self improvement;
(iii) Pre-release.
(2)
(3)
(b) Staff shall establish incentives to motivate YCA inmates and to encourageprogram completion. Examples of such incentives which may be used are specialrecognition, awards, and “vacation days”.
(c) The program plan, and the YCA inmate's participation in fulfilling goalscontained within the plan, are fundamental factors considered by the U.S. ParoleCommission in determining when a YCA inmate should be paroled. Given theimportance and joint use of the YCA programming process, the current programplan and a summary of the inmate's progress in meeting established treatmentgoals must be made available for review and discussion by the Commission at eachparole hearing. In addition, a staff member familiar with the YCA inmate's caseshould be present at any parole hearing to clarify any questions concerning theplan or the inmate's progress in completing the plan.
(d) Upon full and satisfactory completion of the program plan, the Wardenwill notify the U.S. Parole Commission and make a specific recommendation forrelease.
Staff shall conduct periodic reviews of the inmate's program plan and shallmodify the plan in accordance with the level of progress shown. Each YCA inmateshall be afforded a review at least once each 90 days, and shall have a formalprogress report prepared every year summarizing the inmate's level ofachievement. If the inmate's program plan needs to be modified in light of theprogress made, or the lack thereof, appropriate changes will be made and arevised program plan will be developed and documented. Staff shall ordinarilynotify the inmate of the 90-day review at least 48 hours prior to the inmate'sscheduled appearance before the Unit Team. An inmate may waive in writing therequirement of 48 hours notice.
All YCA inmates have been extended the parole procedures present in
(a) For those inmates serving YCA sentences of less than 7 years, an in-person hearing will be scheduled every 9 months.
(b) For those inmates serving YCA sentences of 7 years or more, an in-personhearing will be scheduled every 12 months.
(c) Upon notification of a response to treatment/certified completion of aprogram plan by the Bureau of Prisons, the Parole Commission will schedule theinmate for an in-person hearing on the next available docket, unless the inmateis paroled on the record. If a hearing is held and the inmate is denied parole,the next hearing shall be scheduled in accordance with the schedule outlined inparagraphs (a) and (b) of this section.
(d) The hearings mentioned in paragraphs (a) and (b) of this section are notrequired for inmates who have been continued to expiration or mandatory parolewho have less than one year remaining to serve or to a CCC placement date.
The U.S. Parole Commission is the releasing authority for all YCA inmatesexcept for full term and conditional releases. The Commission shall be provideda progress report:
(a) Upon request of the Commission,
(b) Prior to any interim hearing or pre-release record review, or
(c) Upon determination by the inmate's Unit Team, with concurrence by theWarden, that the inmate has completed his or her program plan.
61 FR 18658, Apr. 26, 1996, unless otherwise noted.
The intensive confinement center program is a specialized program combiningfeatures of a military boot camp with the traditional correctional values of theBureau of Prisons, followed by extended participation in community-basedprograms. The goal of this program is to promote personal development, self-control, and discipline.
(a) Eligibility for consideration of placement in the intensive confinementcenter program requires that the inmate is:
(1)(i) Serving a sentence of more than 12, but not more than 30 months (see18 U.S.C. 4046), or
(ii) Serving a sentence of more than 30, but not more than 60 months, and iswithin 24 months of a projected release date.
(2) Serving his or her first period of incarceration or has a minor historyof prior incarcerations;
(3) Is not serving a term of imprisonment for a crime of violence or a felonyoffense:
(i) That has as an element, the actual, attempted, or threatened use ofphysical force against the person or property of another, or
(ii) That involved the carrying, possession, or use of a firearm or otherdangerous weapon or explosives (including any explosive material or explosivedevice), or
(iii) That by its nature or conduct, presents a serious potential risk ofphysical force against the person or property of another, or
(iv) That by its nature or conduct involves sexual abuse offenses committedupon children.
(4) Appropriate for housing in minimum security;
(5) Physically and mentally capable of participating in the program;
(6) A volunteer.
(b) Placement in the intensive confinement center program is to be made byBureau staff in accordance with sound correctional judgment and the availabilityof Bureau resources.
(a) An eligible inmate who volunteers for participation in an institution-based intensive confinement center program must agree to forego opportunitieswhich may be otherwise available to inmates in Bureau institutions.Opportunities that may be affected include, but are not limited to, visitation,telephone use, legal research time, religious practices, commissary, smoking,and grooming preferences.
(b) The institution-based component of the intensive confinement centerprogram ordinarily is six months in duration.
(c) Disciplinary procedures to be followed in the institution-based intensiveconfinement center program are set forth in subpart B of part 541 of thischapter.
(d)(1) An inmate who successfully completes the institution-based componentof the program ordinarily is eligible to serve the remainder of the sentence ina community-based program.
(2) An inmate eligible for participation in the program under§ 524.31(a)(1)(i) who successfully completes the institution-basedcomponent, who maintains successful participation in a community-based program,and has a period of supervised release to follow is eligible for up to a sixmonth reduction in sentence.
(3) An inmate who completes or has completed the institution-based componentof an intensive confinement center pilot program, who maintains successfulparticipation in a community-based program, and has a period of supervisedrelease to follow is eligible for up to a six month reduction in sentence ifstaff confirm that the inmate has met the requirements of§ 524.31(a)(1)(i), (2), (3) and (4).
An inmate who fails to complete the institution-based component or whosubsequently fails participation in a community-based program may forfeit his orher further involvement in the program.
55 FR 49977, Dec. 3, 1990, unless otherwise noted.
The Bureau of Prisons maintains current information on each inmate throughprogress reports completed by staff. The progress report summarizes informationrelating to the inmate's adjustment during confinement, program participation,and readiness for release.
The Bureau of Prisons prepares the following types of progress reports.
(a) Initial Hearing—prepared for an inmate's initial parole hearingwhen progress has not been summarized within the previous 180 days.
(b) Statutory Interim/Two-Thirds Review—prepared for a parole hearingconducted 18 or 24 months following a hearing at which no effective parole datewas established, or for a two-thirds review (see 28 CFR 2.53) unless the inmatehas waived the parole hearing.
(c) Pre-Release—
(1) Record Review—prepared for and mailed to the appropriate ParoleCommission office at least eight months prior to the inmate's presumptive paroledate.
(2) Final—prepared at least 90 days prior to the release of an offenderto a term of supervision.
(d) Transfer Report—prepared on an inmate recommended and/or approvedfor transfer to a community corrections center (CCC) or to another institutionand whose progress has not been summarized within the previous 180 days.
(e)
(f) Other—prepared for any reason other than those previously stated inthis section. The reason (e.g., court request, clemency review) is specified inthe report.
Staff shall include the following in each progress report:
(a) Institution (full name) and Date;
(b) Type of Progress Report;
(c) Committed name;
(d) Registration number;
(e) Age;
(f) Present security and custody level;
(g) Offense(s) for which committed;
(h) Sentence;
(i) Date sentence began;
(j) Time served to date, including jail time credit;
(k) Good conduct time/Extra good time earned;
(l) Statutory good time withheld or forfeited; Disallowed good conduct time;
(m) Projected release date;
(n) Most recent Parole Commission action, including any special conditions orrequirements (if applicable);
(o) Detainers and pending charges on file;
(p) Institutional adjustment; this ordinarily includes information on theinmate's:
(1) Program plans;
(2) Work assignments and skills acquired;
(3) Educational/vocational participation;
(4) Counseling programs;
(5) Incident reports;
(6) Institutional movement;
(7) Physical and mental health, including any significant mental or physicalhealth problems, and any corrective action taken; and
(8) Financial responsibility.
(q) Release planning:
(1) Where appropriate, staff shall request that the inmate provide a specificrelease plan;
(2) Staff shall identify available release resources (including CCC) and anyparticular problem that may be present in release planning.
Upon request, an inmate may read and receive a copy of any progress reportretained in the inmate's central file which had been prepared on that inmateafter October 15, 1974. Staff shall allow the inmate the opportunity to read anewly prepared progress report and shall request the inmate sign and date thereport. If the inmate refuses to do so, staff witnessing the refusal shalldocument this refusal on the report. Staff shall then offer to provide a copy ofthe progress report to the inmate.
61 FR 40143, July 31, 1996, unless otherwise noted.
The Bureau of Prisons monitors and controls the transfer, temporary release(e.g., on writ), and community activities of certain inmates who present specialneeds for management. Such inmates, known as central inmate monitoring (CIM)cases, require a higher level of review which may include Central Office and/orRegional Office clearance for transfers, temporary releases, or communityactivities. This monitoring is not to preclude a CIM case from such activities,when the inmate is otherwise eligible, but rather is to provide protection toall concerned and to contribute to the safe and orderly operation of federalinstitutions.
Authority for actions relative to the CIM system is delegated to theAssistant Director, Correctional Programs Division, to Regional Directors, andto
CIM cases are classified according to the following assignments:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(1)
(2)
(3)
(d)
(2) The reviewing authority is responsible for determining if removal ormodification of any CIM classification other than a Department of JusticeWitness Security case is appropriate. The inmate retains the CIM classificationpending a decision by the reviewing authority.
(3) When an inmate is removed for any reason from a CIM classification (forexample, because the reviewing authority either disapproves the CIM
(a) Except as provided for in paragraph (b) of this section, the Warden isthe clearance authority on all transfers, temporary releases, communityactivities, and escorted trips.
(b)
The Warden shall ensure that the status of an inmate's CIM assignment isconsidered at each program review. When staff believe that removal ormodification of a CIM classification is appropriate, the institution's CMC andthe appropriate reviewing authority must be notified. Only the reviewingauthority shall determine if removal or modification of the CIM classificationis appropriate.
An inmate may at any time appeal (through the Administrative Remedy Program)the inmate's classification as a CIM case. Inmates identified as WitnessSecurity cases may choose to address their concerns directly to the InmateMonitoring Section, Central Office, rather than use the Administrative RemedyProgram.
5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624,4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or afterNovember 1, 1987), 4100-4115, 4161-4166 (Repealed as to offensescommitted on or after November 1, 1987), 4201-4218, 5003, 5006-5024(Repealed October 12, 1984 as to offenses committed after that date), 5039; 28U.S.C. 509, 510; 28 CFR 0.95-0.99.
46 FR 34549, July 1, 1981, unless otherwise noted.
The Bureau of Prisons will consider a request made on behalf of a state orlocal court that an inmate be transferred to the physical custody of state orlocal agents pursuant to state writ of habeas corpus
(a) These procedures apply to state and federal inmates serving sentences
(b) The Warden shall authorize transfer only when satisfied that the inmate'sappearance is necessary, that state and local arrangements are satisfactory,that the safety or other interests of the inmate (such as an imminent parolehearing) are not seriously jeopardized, and that federal interests, whichinclude those of the public, will not be interfered with, or harmed.Authorization may not be given where substantial concern exists over any ofthese considerations.
(c) The request for transfer of custody to state agents shall be made by theprosecutor or other authority who acts on behalf of the court and shall bedirected to the Warden of the institution in which the inmate is confined. Therequest shall be made by letter. The request shall indicate the need forappearance of the inmate, name of the court, nature of the action, date of therequested appearance, name and phone number of the state agency or otherorganization with responsibility for transporting the inmate, the name andlocation where the inmate will be confined during legal proceedings, andanticipated date of return. For civil cases, the request shall also indicate thereason that production on writ is necessary and some other alternative is notavailable. The applying authority shall provide either at the time ofapplication or with the agent assuming custody, a statement signed by anauthorized official that state or local officials with custody will provide forthe safekeeping, custody, and care of the inmate, will assume fullresponsibility for that custody, and will return the inmate to Bureau ofPrisons' custody promptly on conclusion of the inmate's appearance in the stateor local proceedings for which the writ is issued.
(d) A certified copy of the writ (one with the Seal of the Court) must bereceived at the institution prior to release of the inmate. Institution staffshall verify the authenticity of the writ.
(e) Institution staff shall maintain contact with the state or local lawenforcement agency with responsibility for transfer of the inmate to determinethe exact date and time for transfer of custody. If the inmate is awaitingfederal trial or has federal civil proceedings pending, staff must clear thetransfer through the U.S. Attorney.
(f) Institution staff shall determine from the state or local agency thenames of the agents assuming custody. Staff must carefully examine thecredentials of the agents assuming custody. In any doubtful case, verificationshould be sought.
(g) Transfers in civil cases pursuant to a writ of habeas corpus adtestificandum must be cleared through both the Regional Counsel and the Warden.Transfer ordinarily shall be recommended only if the case is substantial, wheretestimony cannot be obtained through alternative means such as depositions orinterrogatories, and where security arrangements permit. Postponement of theproduction until after the inmate's release from federal custody will always beconsidered, particularly if release is within twelve months.
(h) Release of inmates classified as Central Inmate Monitoring Cases requiresreview with and/or coordination by appropriate authorities in accordance withthe provisions of 28 CFR part 524, subpart F.
46 FR 59507, Dec. 4, 1981, unless otherwise noted.
Public Law 95-144 (18 U.S.C. 4100 et seq.) authorizes the transfer ofoffenders to or from foreign countries, pursuant to the conditions of a currenttreaty which provides for such transfer. 18 U.S.C. 4102 authorizes the AttorneyGeneral to act on behalf of the United States in regard to such treaties. Inaccordance with the provisions of 28 CFR 0.96b the Attorney General hasdelegated to the Director of the Bureau of
For the purpose of this rule the following definitions apply.
(a)
(b)
(c)
(d)
(a) An inmate while in custody for civil contempt may not be considered forreturn to the inmate's country of citizenship for service of the sentence orcommitment imposed in a United States court.
(b) An inmate with a committed fine may not be considered for return to theinmate's country of citizenship for service of a sentence imposed in a UnitedStates court without the permission of the court imposing the fine. Whenconsidered appropriate, the Warden may contact the sentencing court to requestthe court's permission to process the inmate's application for return to theinmate's country of citizenship.
(a) The Warden shall ensure that the institution's admission and orientationprogram includes information on international offender transfers.
(b) The case manager of an inmate who is a citizen of a treaty nation shallinform the inmate of the treaty and provide the inmate with an opportunity toinquire about transfer to the country of citizenship. The inmate is to be givenan opportunity to indicate on an appropriate form whether he or she isinterested in transfer to the country of citizenship.
(a) An inmate who is qualified for and desires to return to his or hercountry of citizenship for service of a sentence imposed in a United StatesCourt shall indicate his or her interest by completing and signing theappropriate form and forwarding it to the Warden at the institution where theinmate is confined.
(b) Upon verifying that the inmate is qualified for transfer, the Wardenshall forward all relevant information, including a complete classificationpackage, to the Assistant Director, Correctional Programs Division.
(c) The Assistant Director, Correctional Programs Division, shall review thesubmitted material and forward it to the Office of Enforcement Operations (OEO),Criminal Division, International Prisoner Transfer Unit, Department of Justice,for review.
(d) The Assistant Director, Correctional Programs Division, shall ensure thatthe inmate is advised of the decision of OEO.
(1) When the Department of Justice determines that transfer is notappropriate, the Assistant Director, Correctional Programs Division, shallensure that the inmate is advised of this determination and informed that theinmate may request the reason(s) for such action from OEO.
(2) When the Department of Justice determines that transfer is appropriate,the Assistant Director, Correctional Programs Division, shall ensure that theinmate is advised of the determination and of the probability that the inmatewill be given an interview
(e) Upon notification from OEO of the treaty nation's decision in regard tothe inmate's transfer, the Assistant Director, Correctional Programs Division,shall arrange for the inmate to be informed of that decision.
(f) At an appropriate time subsequent to notification by the Department ofJustice of an inmate's approval for transfer, the Assistant Director shallarrange for the inmate to be transferred to an appropriate departureinstitution.
(g) Prior to the inmate's transfer from the departure institution, the inmateshall receive a verification hearing before a U.S. Magistrate Judge or U.S.District Court Judge to document the inmate's voluntary consent for transfer.Counsel is provided the inmate for purpose of this hearing. When requested, theWarden shall allow counsel to interview the inmate prior to the hearing.
(h) Following the verification hearing, the Assistant Director, CorrectionalPrograms Division shall arrange a schedule for delivery of the inmate to theauthorities of the country of citizenship.
(1) The Assistant Director shall advise the Warden of those arrangements.
(2) The Warden shall arrange for the inmate to be transported to the foreignauthorities. The Warden shall assure that required documentation (for example,proof of citizenship and appropriate travel documents) accompanies each inmatetransported.
The Bureau of Prisons may assume custody of a state prisoner who has beenapproved for transfer to a treaty nation for the purpose of facilitating thetransfer to the treaty nation. Once approved, the state is not required tocontract for the placement of the prisoner in federal custody, nor to reimbursethe United States for the cost of confinement (as would ordinarily be requiredby 18 U.S.C. 5003).
(a) Staff accepting custody of American inmates from a foreign authorityshall ensure that the following documentation is available prior to acceptingcustody of the inmate:
(1) A certified copy of the sentence handed down by an appropriate, competentjudicial authority of the transferring country and any modifications thereof;
(2) A statement (and a copy translated into English from the language of thecountry of origin if other than English), duly authenticated, detailing theoffense for which the offender was convicted, the duration of the sentence, andthe length of time already served by the inmate. Included should be statementsof credits to which the offender is entitled, such as work done, good behavior,pre-trial confinement, etc.; and
(3) Citizenship papers necessary for the inmate to enter the United States.
(b) The Assistant Director, Correctional Programs Division, shall direct, inwriting, specific staff, preferably staff who speak the language of the treatynation, to escort the offender from the transporting country to the admissioninstitution. The directive shall cite 28 CFR 0.96b as the authority to escortthe offender. When the admission institution is not able to accept the inmate(for example, a female inmate escorted to a male institution), the Warden shallmake appropriate housing requirements with a nearby jail.
(c) As soon as practicable after the inmate's arrival at the admissioninstitution, staff shall initiate the following actions:
(1) Arrange for the inmate to receive a complete physical examination;
(2) Advise the local U.S. Probation Office of the inmate's arrival; and
(3) Notify the U.S. Parole Commission of the inmate's arrival and projectedrelease date.
(d) If upon computation of sentence staff determine that an inmate isentitled to immediate release via mandatory release or expiration of sentencewith credits applied, release procedures
5 U.S.C. 301, 551, 552A, 18 U.S.C. 1791, 3621, 3622,3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on orafter November 1, 1987), 5006-5024 (Repealed October 12, 1984, as tooffenses committed after that date), 5039; 28 U.S.C. 509.
50 FR 40108, Oct. 1, 1985, unless otherwise noted.
(a)
(1)
(2)
(b)
(1) A newspaper which qualifies as a general circulation newspaper in thecommunity in which it is published. A newspaper is one of “generalcirculation” if it circulates among the general
(2) A news magazine which has a national circulation and is sold bynewsstands and by mail subscription to the general public;
(3) A national or international news service; or
(4) A radio or television news program, whose primary purpose is to reportthe news, of a station holding a Federal Communications Commission license.
(c)
50 FR 40109, Oct. 1, 1985, unless otherwise noted.
The Bureau of Prisons encourages correspondence that is directed to sociallyuseful goals. The Warden shall establish correspondence procedures for inmatesin each institution, as authorized and suggested in this rule.
The Warden shall establish at least one mail depository within theinstitution for an inmate to place outgoing correspondence. The Warden mayestablish a separate mail depository for outgoing special mail. Each item placedin a mail depository must contain a return address (see § 540.12(d)).
(a) The Warden shall establish and exercise controls to protect individuals,and the security, discipline, and good order of the institution. The size,complexity, and security level of the institution, the degree of sophisticationof the inmates confined, and other variables require flexibility incorrespondence procedures. All Wardens shall establish open generalcorrespondence procedures.
(b) Staff shall inform each inmate in writing promptly after arrival at aninstitution of that institution's rules for handling of inmate mail. This noticeincludes the following statement:
The staff of each institution of the Bureau of Prisons has theauthority to open all mail addressed to you before it is delivered to you.“Special Mail” (mail from the President and Vice President of theU.S., attorneys, Members of the U.S. Congress, Embassies and Consulates, theU.S. Department of Justice (excluding the Bureau of Prisons but including U.S.Attorneys), other Federal law enforcement officers, State Attorneys General,Prosecuting Attorneys, Governors, U.S. Courts (including U.S. ProbationOfficers), and State Courts) may be opened only in your presence to be checkedfor contraband.
If you do not want your
I have read or had read to me the foregoing notice regarding mail. I do notwant my general correspondence opened and read. I REQUEST THAT THE BUREAU OFPRISONS RETURN MY GENERAL CORRESPONDENCE TO THE POSTAL SERVICE. I understandthat special mail will be delivered to me, after it is opened in my presence andchecked for contraband.
I have read or had read to me the foregoing notice regarding mail, I WISH TORECEIVE MY GENERAL CORRESPONDENCE. I understand that the Bureau of Prisons mayopen and read my general correspondence if I choose to receive same. I alsounderstand that special mail will be delivered to me, after it is opened in mypresence and checked for contraband.
Inmate (Name), (Reg. No.), refused to sign this form. He (she) was advised byme that the Bureau of Prisons retains the authority to open and read all generalcorrespondence. The inmate was also advised that his (her) refusal to sign thisform will be interpreted as an indication that he (she) wishes to receivegeneral correspondence subject to the conditions in part II above.
(c) Staff shall inform an inmate that letters placed in the U.S. Mail areplaced there at the request of the inmate and the inmate must assumeresponsibility for the contents of each letter. Correspondence containingthreats, extortion, etc., may result in prosecution for violation of federallaws. When such material is discovered, the inmate may be subject todisciplinary action, the written material may be copied, and all material may bereferred to the appropriate law enforcement agency for prosecution.
(d) The inmate is responsible for filling out the return address completelyon envelopes provided for the inmate's use by the institution. If the inmateuses an envelope not provided by the institution, the inmate is responsible forensuring that the envelope used contains all return address information listedon the envelope provided by the institution.
When correspondence is rejected, the Warden shall notify the sender inwriting of the rejection and the reasons for the rejection. The Warden shallalso give notice that the sender may appeal the rejection. The Warden shall alsonotify an inmate of the rejection of any letter addressed to that inmate, alongwith the reasons for the rejection and shall notify the inmate of the right toappeal the rejection. The Warden shall refer an appeal to an official other thanthe one who originally disapproved the correspondence. The Warden shall returnrejected correspondence to the sender unless the correspondence includes plansfor or discussion of commission of a crime or evidence of a crime, in which casethere is no need to return the correspondence or give notice of the rejection,and the correspondence should be referred to appropriate law enforcementauthorities. Also, contraband need not be returned to the sender.
(a) Institution staff shall open and inspect all incoming generalcorrespondence. Incoming general correspondence may be read as frequently asdeemed necessary to maintain security or monitor a particular problemconfronting an inmate.
(b) Except for “special mail,” outgoing mail from a pretrialinmate may
(c)(1) Outgoing mail from a sentenced inmate in a minimum or low securitylevel institution may be sealed by the inmate and, except as provided for inparagraphs (c)(1)(i) through (iv) of this section, is sent out unopened anduninspected. Staff may open a sentenced inmate's outgoing generalcorrespondence:
(i) If there is reason to believe it would interfere with the orderly runningof the institution, that it would be threatening to the recipient, or that itwould facilitate criminal activity;
(ii) If the inmate is on a restricted correspondence list;
(iii) If the correspondence is between inmates (see § 540.17); or
(iv) If the envelope has an incomplete return address.
(2) Except for “special mail,” outgoing mail from a sentencedinmate in a medium or high security level institution, or an administrativeinstitution may not be sealed by the inmate and may be read and inspected bystaff.
(d) The Warden may reject correspondence sent by or to an imate if it isdetermined detrimental to the security, good order, or discipline of theinstitution, to the protection of the public, or if it might facilitate criminalactivity. Correspondence which may be rejected by a Warden includes, but is notlimited to, correspondence which contains any of the following:
(1) Matter which is nonmailable under law or postal regulations;
(2) Matter which depicts, describes, or encourages activities which may leadto the use of physical violence or group disruption;
(3) Information of escape plots, of plans to commit illegal activities, or toviolate Bureau rules or institution guidelines;
(4) Direction of an inmate's business (See § 541.13, ProhibitedAct No. 408). An inmate, unless a pre-trial detainee, may not direct a businesswhile confined.
(5) Threats, extortion, obscenity, or gratuitous profanity;
(6) A code;
(7) Sexually explicit material (for example, personal photographs) which byits nature or content poses a threat to an individual's personal safety orsecurity, or to institution good order; or
(8) Contraband. (See § 500.1 of this chapter. A package receivedwithout prior authorization by the Warden is considered to be contraband.)
(a) The Warden may place an inmate on restricted general correspondence basedon misconduct or as a matter of classification. Determining factors include theinmate's:
(1) Involvement in any of the activities listed in § 540.14(d);
(2) Attempting to solicit funds or items (e.g., samples), or subscribing to apublication without paying for the subscription;
(3) Being a security risk;
(4) Threatening a government official; or
(5) Having committed an offense involving the mail.
(b) The Warden may limit to a reasonable number persons on the approvedrestricted general correspondence list of an inmate.
(c) The Warden shall use one of the following procedures before placing aninmate on restricted general correspondence.
(1) Where the restriction will be based upon an incident report, proceduresmust be followed in accordance with inmate disciplinary regulations (part 541,subpart B of this chapter).
(2) Where there is no incident report, the Warden:
(i) Shall advise the inmate in writing of the reasons the inmate is to beplaced on restricted general correspondence;
(ii) Shall give the inmate the opportunity to respond to the classificationor change in classification; the inmate
(iii) Shall notify the inmate of the decision and the reasons, and shalladvise the inmate that the inmate may appeal the decision under theAdministrative Remedy Procedure.
(d) When an inmate is placed on restricted general correspondence, the inmatemay, except as provided in §§ 540.16 and 540.17:
(1) Correspond with the inmate's spouse, mother, father, children, andsiblings, unless the correspondent is involved in any violation ofcorrespondence regulations, or would be a threat to the security or good orderof the institution;
(2) Request other persons also to be placed on the approved correspondencelist, subject to investigation, evaluation, and approval by the Warden; withprior approval, the inmate may write to a proposed correspondence to obtain arelease authorizing an investigation; and
(3) Correspond with former business associates, unless it appears to theWarden that the proposed correspondent would be a threat to the security or goodorder of the institution, or that the resulting correspondence could reasonablybe expected to result in criminal activity. Correspondence with former businessassociates is limited to social matters.
(e) The Warden may allow an inmate additional correspondence with personsother than those on the inmate's approved mailing list when the correspondenceis shown to be necessary and does not require an addition to the mailing listbecause it is not of an ongoing nature.
(a) The Warden shall permit an inmate in holdover status (i.e., enroute to adesignated institution) to have correspondence privileges similar to those ofother inmates insofar as practical.
(b) The Warden shall permit an inmate in segregation to have fullcorrespondence privileges unless placed on restricted general correspondenceunder § 540.15.
An inmate may be permitted to correspond with an inmate confined in any otherpenal or correctional institution if the other inmate is either a member of theimmediate family, or is a party or witness in a legal action in which bothinmates are involved. Such correspondence may be approved in other exceptionalcircumstances, with particular regard to the security level of the institution,the nature of the relationship between the two inmates, and whether the inmatehas other regular correspondence. The following additional limitations apply:
(a) Such correspondence at institutions of all security levels may always beinspected and read by staff at the sending and receiving institutions (it maynot be sealed by the inmate); and
(b)(1) The appropriate unit manager at each institution must approve of thecorrespondence if both inmates are housed in Federal institutions and bothinmates are members of the same immediate family or are a party or witness in alegal action in which both inmates are involved.
(2) The Wardens of both institutions must approve of the correspondence ifone of the inmates is housed at a non-Federal institution or if approval isbeing granted on the basis of exceptional circumstances.
(a) The Warden shall open incoming special mail only in the presence of theinmate for inspection for physical contraband and the qualification of anyenclosures as special mail. The correspondence may not be read or copied if thesender is adequately identified on the envelope, and the front of the envelopeis marked “Special Mail—Open only in the presence of theinmate”.
(b) In the absence of either adequate identification or the “specialmail” marking indicated in paragraph (a) of this section appearing on theenvelope, staff may treat the mail as general correspondence and may open,inspect, and read the mail.
(c)(1) Except as provided for in paragraph (c)(2) of this section, outgoingspecial mail may be sealed by the inmate and is not subject to inspection.
(2) Special mail shall be screened in accordance with the provisions ofparagraph (c)(2)(iii) of this section when the special mail is being sent by aninmate who has been placed on restricted special mail status.
(i) An inmate may be placed on restricted special mail status if the Warden,with the concurrence of the Regional Counsel, documents in writing that thespecial mail either has posed a threat or may pose a threat of physical harm tothe recipient (e.g., the inmate has previously used special mail to threatenphysical harm to a recipient).
(ii) The Warden shall notify the inmate in writing of the reason the inmateis being placed on restricted special mail status.
(iii) An inmate on restricted special mail status must present all materialsand packaging intended to be sent as special mail to staff for inspection. Staffshall inspect the special mail material and packaging, in the presence of theinmate, for contraband. If the intended recipient of the special mail has sorequested, staff may read the special mail for the purpose of verifying that thespecial mail does not contain a threat of physical harm. Upon completion of theinspection, staff shall return the special mail material to the inmate if thematerial does not contain contraband, or contain a threat of physical harm tothe intended recipient. The inmate must then seal the special mail material inthe presence of staff and immediately give the sealed special mail material tothe observing staff for delivery. Special mail determined to pose a threat tothe intended recipient shall be forwarded to the appropriate law enforcemententity. Staff shall send a copy of the material, minus the contraband, to theintended recipient along with notification that the original of the material wasforwarded to the appropriate law enforcement entity.
(iv) The Warden shall review an inmate's restricted special mail status atleast once every 180 days. The inmate is to be notified of the results of thisreview. An inmate may be removed from restricted special mail status if theWarden determines, with the concurrence of the Regional Counsel, that thespecial mail does not threaten or pose a threat of physical harm to the intendedrecipient.
(v) An inmate on restricted mail status may seek review of the restrictionthrough the Administrative Remedy Program.
(d) Except for special mail processed in accordance with paragraph (c)(2) ofthis section, staff shall stamp the following statement directly on the backside of the inmate's outgoing special mail: “The enclosed letter wasprocessed through special mailing procedures for forwarding to you. The letterhas neither been opened nor inspected. If the writer raises a question orproblem over which this facility has jurisdiction, you may wish to return thematerial for further information or clarification. If the writer enclosescorrespondence for forwarding to another addressee, please return the enclosureto the above address.”
(a) Staff shall mark each envelope of incoming legal mail (mail from courtsor attorneys) to show the date and time of receipt, the date and time the letteris delivered to an inmate and opened in the inmate's presence, and the name ofthe staff member who delivered the letter. The inmate may be asked to sign asreceiving the incoming legal mail. This paragraph applies only if the sender hasmarked the envelope as specified in § 540.18.
(b) The inmate is responsible for advising any attorney that correspondencewill be handled as special mail only if the envelope is marked with theattorney's name and an indication that the person is an attorney, and the frontof the envelope is marked “Special Mail—Open only in the presence ofthe inmate”. Legal mail shall be opened in accordance with special mailprocedures (see § 540.18).
(c) Grounds for the limitation or denial of an attorney's correspondencerights or privileges are stated in part 543, subpart B. If such action is taken,
(d) In order to send mail to an attorney's assistant or to a legal aidstudent or assistant, an inmate shall address the mail to the attorney or legalaid supervisor, or the legal organization or firm, to the attention of thestudent or assistant.
(e) Mail to an inmate from an attorney's assistant or legal aid student orassistant, in order to be identified and treated by staff as special mail, mustbe properly identified on the envelope as required in paragraph (b) of thissection, and must be marked on the front of the envelope as being mail from theattorney or from the legal aid supervisor.
(a) An inmate may write through “special mail” to representativesof the news media specified by name or title (see § 540.2(b)).
(b) The inmate may not receive compensation or anything of value forcorrespondence with the news media. The inmate may not act as reporter orpublish under a byline.
(c) Representatives of the news media may initiate correspondence with aninmate. Staff shall open incoming correspondence from representatives of themedia and inspect for contraband, for its qualification as media correspondence,and for content which is likely to promote either illegal activity or conductcontrary to Bureau regulations.
(a) Except as provided in paragraphs (d), (e), (f), and (i) of this section,postage charges are the responsibility of the inmate. The Warden shall ensurethat the inmate commissary has postage stamps available for purchase by inmates.
(b) Writing paper and envelopes are provided at no cost to the inmate.Inmates who use their own envelopes must place a return address on the envelope(see § 540.12(d)).
(c) Inmate organizations will purchase their own postage.
(d) An inmate who has neither funds nor sufficient postage and who wishes tomail legal mail (includes courts and attorneys) or Administrative Remedy formswill be provided the postage stamps for such mailing. To prevent abuses of thisprovision, the Warden may impose restrictions on the free legal andadministrative remedy mailings.
(e) When requested by an inmate who has neither funds nor sufficient postage,and upon verification of this status by staff, the Warden shall provide thepostage stamps for mailing a reasonable number of letters at government expenseto enable the inmate to maintain community ties. To prevent abuses of thisprovision, the Warden may impose restrictions on the free mailings.
(f) Mailing at government expense is also allowed for necessarycorrespondence in verified emergency situations for inmates with neither fundsnor sufficient postage.
(g) Inmates must sign for all stamps issued to them by institution staff.
(h) Mail received with postage due is not ordinarily accepted by the Bureauof Prisons.
(i) Holdovers and pre-trial commitments will be provided a reasonable numberof stamps for the mailing of letters at government expense.
(j) Inmates may not be permitted to receive stamps or stamped items (e.g.,envelopes embossed with stamps, postal cards with postage affixed) other than byissuance from the institution or by purchase from commissary.
(a) An inmate, at no cost to the government, may send correspondence byregistered, certified, or insured mail, and may request a return receipt.
(b) An inmate may insure outgoing personal correspondence (e.g., a packagecontaining the inmate's hobbycrafts) by completing the appropriate form andapplying sufficient postage.
(1) In the event of loss or damage, any claim relative to this matter is madeto the U.S. Postal Service, either by the inmate or the recipient. The U.S.Postal Service will only indemnify a piece of insured mail for the actual
(2) Inmate packages forwarded as a result of institution administration areconsidered official mail, except as otherwise specified (for example, hobbycraftarticles mailed out of the institution). Official mail is not insured. If suchan item is subsequently lost or damaged in the mail process the inmate may filea tort claim with the Bureau of Prisons (see part 543, subpart C of thischapter).
(c) Certified mail is sent first class at the inmate's expense.
(d) An inmate may not be provided such services as express mail, COD, privatecarriers, or stamp collecting while confined.
Except as provided for in part 506 of this chapter, funds enclosed in inmatecorrespondence are to be rejected. Deposits intended for the inmate's commissaryaccount must be mailed directly to the centralized commissary account (see 28CFR part 506).
Staff shall open and inspect for contraband all undelivered mail returned toan institution by the Post Office before returning it to the inmate. The purposeof this inspection is to determine if the content originated with the inmatesender identified on the letter or package; to prevent the transmission ofmaterial, substances, and property which an inmate is not permitted to possessin the institution; and to determine that the mail was not opened or tamperedwith before its return to the institution. Any remailing is at the inmate'sexpense. Any returned mail qualifying as “special mail” is openedand inspected for contraband in the inmate's presence.
(a) Staff shall make available to an inmate who is being released ortransferred appropriate Bureau of Prisons and U.S. Postal Service forms forchange of address.
(b) Inmates are responsible for informing their correspondents of a change ofaddress.
(c) Postage for mailing change of address cards is paid by the inmate.
(d) Except as provided in paragraphs (e) through (g) of this section, allmail received for a released or transferred inmate will be returned to the U.S.Postal Service for disposition in accordance with U.S. Postal Serviceregulations.
(e) Staff shall use all means practicable to forward special mail.
(f) Staff shall forward inmate general correspondence to the new address fora period of 30 days.
(g) Staff shall permit an inmate released temporarily on writ to elect eitherto have general correspondence held at the institution for a period not toexceed 30 days, or returned to the U.S. Postal Service for disposition.
(1) If the inmate refuses to make this election, staff at the institutionshall document this refusal, and any reasons, in the inmate's central file.Staff shall return to the U.S. Postal Service all general correspondencereceived for such as inmate after the inmate's departure.
(2) If the inmate does not return from writ within the time indicated, staffshall return to the U.S. Postal Service all general correspondence being heldfor that inmate for disposition in accordance with postal regulations.
45 FR 44232, June 30, 1980, unless otherwise noted.
The Bureau of Prisons encourages visiting by family, friends, and communitygroups to maintain the morale of the inmate and to develop closer relationshipsbetween the inmate and family members or others in the community. The Wardenshall develop procedures consistent with this rule to permit inmate visiting.The Warden may
The Warden shall have the visiting room arranged so as to provide adequatesupervision, adapted to the degree of security required by the type ofinstitution. The Warden shall ensure that the visiting area is as comfortableand pleasant as practicable, and appropriately furnished and arranged. If spaceis available, the Warden shall have a portion of the visiting room equipped andset up to provide facilities for the children of visitors.
(a) Institutions of minimum and low security levels may permit visits beyondthe security perimeter, but always under supervision of staff.
(b) Institutions of medium and high security levels, and administrativeinstitutions may establish outdoor visiting, but it will always be inside thesecurity perimeter and always under supervision of staff.
(a) Each Warden shall establish a visiting schedule for the institution. At aminimum, the Warden shall establish visiting hours at the institution onSaturdays, Sundays, and holidays. The restriction of visiting to these days maybe a hardship for some families and arrangements for other suitable hours shallbe made to the extent practicable. Where staff resources permit, the Warden mayestablish evening visiting hours.
(b) Consistent with available resources, such as space limitations and staffavailability, and with concerns of institution security, the Warden may limitthe visiting period. With respect to weekend visits, for example, some or allinmates and visitors may be limited to visiting on Saturday or on Sunday, butnot on both days, in order to accommodate the volume of visitors. There is norequirement that every visitor has the opportunity to visit on both days of theweekend, nor that every inmate has the opportunity to have visits on both daysof the weekend.
The Warden shall allow each inmate a minimum of four hours visiting time permonth. The Warden may limit the length or frequency of visits only to avoidchronic overcrowding. The Warden may establish a guideline for the maximumnumber of persons who may visit an inmate at one time, to prevent overcrowdingin the visiting room or unusual difficulty in supervising a visit. Exceptionsmay be made to any local guideline when indicated by special circumstances, suchas distance the visitor must travel, frequency of the inmate's visits, or healthproblems of the inmate or visitor.
An inmate desiring to have regular visitors must submit a list of proposedvisitors to the designated staff. See § 540.45 for qualification asspecial visitor. Staff are to compile a visiting list for each inmate aftersuitable investigation in accordance with § 540.51(b) of this part.The list may include:
(a)
(b)
(c)
(d)
(e)
Persons in the categories listed in this section may qualify as specialvisitors rather than as regular visitors. Visits by special visitors ordinarilyare for a specific purpose and ordinarily are not of a recurring nature. Exceptas specified, the conditions of visiting for special visitors are the same asfor regular visitors.
(a)
(b)
(c)
(d)
Requirements for attorney visits are governed by the provisions on inmatelegal activities (see §§ 543.12 through 543.16 of this chapter).Provisions pertinent to attorney visits for pretrial inmates are contained in§ 551.117 of this chapter.
Requirements for media visits are governed by the provisions on contact withnews media (see subpart E of this part). A media representative who wishes tovisit outside his or her official duties, however, must qualify as a regularvisitor or, if applicable, a special visitor.
The Warden shall ensure that directions for transportation to and from theinstitution are provided for the approved visitor (see§ 540.51(b)(4)). Directions for transportation to and from theinstitution and pay phone service, with commercial transportation phone numbersposted, are also to be made available at the institution to assist visitors.
(a)
(b)
(2) Visits to inmates hospitalized in the community may be restricted to onlythe immediate family and are subject to the general visiting policy of thathospital.
(c)
(a)
(b)
(2) Staff may request background information from potential visitors who arenot members of the inmate's immediate family, before placing them on theinmate's approved visiting list. When little or no information is available onthe inmate's potential visitor, visiting may be denied, pending receipt andreview of necessary information, including information which is available on theinmate and/or the inmate's offense, including alleged offenses.
(3) If a background investigation is necessary before approving a visitor,the inmate shall be held responsible for mailing a release authorization form tothe proposed visitor. That form must be signed and returned to staff by theproposed visitor prior to any further action regarding visiting. Upon receipt ofthe authorization form, staff may then forward a questionnaire, along with therelease authorization, to the appropriate law enforcement or crime informationagency.
(4) Staff shall notify the inmate of each approval or disapproval of arequested person for the visiting list. Upon approval of each visitor, staffshall provide the inmate a copy of the visiting guidelines and with directionsfor transportation to and from the institution. The inmate is responsible fornotifying the visitor of the approval or disapproval to visit and is expected toprovide the approved visitors with a copy of the visiting guidelines anddirections for transportation to and from the institution. The visitingguidelines shall include specific directions for reaching the institution andshall cite 18 U.S.C. 1791, which provides a penalty of imprisonment for not morethan twenty years, a fine, or both for providing or attempting to provide to aninmate anything whatsoever without the knowledge and consent of the Warden.
(5) An inmate's visiting list may be amended at any time in accordance withthe procedures of this section.
(c)
(d)
(e)
(f)
(g)
(h)
(1) The visiting room officer shall ensure that all visits are conducted in aquiet, orderly, and dignified manner. The visiting room officer may terminatevisits that are not conducted in the appropriate manner. See 28 CFR 541.12, item5, for description of an inmate's responsibility during visits.
(2) Staff shall permit limited physical contact, such as handshaking,embracing, and kissing, between an inmate and a visitor, unless there is clearand convincing evidence that such contact would jeopardize the safety orsecurity of the institution. Where contact visiting is provided, handshaking,embracing, and kissing are ordinarily permitted within the bounds of good tasteand only at the beginning and at the end of the visit. The staff may limitphysical contact to minimize opportunity for the introduction of contraband andto maintain the orderly operation of the visiting area.
(3) The visiting room officer may not accept articles or gifts of any kindfor an inmate, except packages which have had prior approval by the Warden or adesignated staff member.
(4) The visiting room officer shall be aware of any articles passed betweenthe inmate and the visitor. If there is any reasonable basis to believe that anyitem is being passed which constitutes contraband or is otherwise in
Any act or effort to violate the visiting guidelines of an institution mayresult in disciplinary action against the inmate, which may include the denialof future visits, possibly over an extended period of time. Moreover, criminalprosecution may be initiated against the visitor, the inmate, or both, in thecase of criminal violations.
44 FR 38247, June 29, 1979, unless otherwise noted.
The Bureau of Prisons recognizes the desirability of establishing a policythat affords the public information about its operations via the news media.Representatives of the news media (see § 540.2) may visitinstitutions for the purpose of preparing reports about the institution,programs, and activities. It is not the intent of this rule to provide publicityfor an inmate or special privileges for the news media, but rather to insure abetter informed public. The Bureau of Prisons also has a responsibility toprotect the privacy and other rights of inmates and members of the staff.Therefore, an interview in an institution must be regulated to insure theorderly and safe operation of the institution.
(a) A news media representative who desires to make a visit or conduct aninterview at an institution must make application in writing to the Warden,indicating that he or she is familiar with the rules and regulations of theinstitution and agrees to comply with them.
(b) As a condition of authorizing interviews and making facilities availableto conduct an interview, the news media representative shall recognize aprofessional responsibility to make reasonable attempts to verify anyallegations regarding an inmate, staff member or institution.
(c) A representative of the news media is requested to provide the Bureau ofPrisons an opportunity to respond to any allegation, which might be published orbroadcast prior to distribution.
(d) A representative of the news media shall collect information only fromthe primary source. A representative of the news media may not obtain and usepersonal information from one inmate about another inmate who refuses to beinterviewed.
(e) The Warden may be contacted concerning discussions or comments regardingapplicability of any rule or order.
(f) Failure to adhere to the standards of conduct set forth by this rule forthe news media representative constitutes grounds for denying that news mediarepresentative, or the news organization which he or she represents, permissionto conduct an interview.
(g) Any questions as to the meaning or application of this subpart areresolved by the Director of the Bureau of Prisons.
(a) A media representative shall make advance appointments for visits.
(b) When media representatives visit the institutions, photographs ofprograms and activities may be taken, and media representatives may meet withgroups of inmates engaged in authorized programs and activities. An inmate hasthe right not to be photographed and not to have his or her voice recorded bythe media. A visiting representative of the media is required to obtain writtenpermission from an inmate before photographing or recording the voice of aninmate participating in authorized programs and activities.
(c) The Warden may suspend all media visits during an institutional emergencyand for a reasonable time after the emergency.
(d) An inmate currently confined in an institution may not be employed or
(e) Interviews by reporters and others not included in § 540.2 maybe permitted only by special arrangement and with approval of the Warden.
(a) An inmate may not receive compensation or anything of value forinterviews with the news media.
(b) Either an inmate or a representative of the news media may initiate arequest for a personal interview at an institution.
(c) Visits by the news media to conduct personal interviews are subject tothe same conditions stated in § 540.62. A media representative shallmake a request for personal interview within a reasonable time prior to thepersonal interview.
(d) Staff shall notify an inmate of each interview request, and shall, as aprerequisite, obtain from the inmate written consent for the interview prior tothe interview taking place. The written consent or denial becomes part of theinmate's central file.
(e) As a prerequisite to granting the interview, an inmate must authorize theinstitutional staff to respond to comments made in the interview and to releaseinformation to the news media relative to the inmate's comments.
(f) The Warden shall normally approve or disapprove an interview requestwithin 24 to 48 hours of the request.
(g) The Warden shall document any disapproval. A request for interview may bedenied for any of the following reasons.
(1) The news media representative, or the news organization which he or sherepresents, does not agree to the conditions established by this subpart or has,in the past, failed to abide by the required conditions.
(2) The inmate is physically or mentally unable to participate. This must besupported by a medical officer's statement (a psychologist may be used to verifymental incapacity) to be placed in the inmate's record, substantiating thereason for disapproval.
(3) The inmate is a juvenile (under age 18) and written consent has not beenobtained from the inmate's parent or guardian. If the juvenile inmate's parentsor guardians are not known or their addresses are not known, the Warden of theinstitution shall notify the representative of the news media of the inmate'sstatus as a juvenile, and shall then consider the request.
(4) The interview, in the opinion of the Warden, would endanger the health orsafety of the interviewer, or would probably cause serious unrest or disturb thegood order of the institution.
(5) The inmate is involved in a pending court action and the court havingjurisdiction has issued an order forbidding such interviews.
(6) In the case of unconvicted persons (including competency commitmentsunder 18 U.S.C. 4244 and 4246) held in federal institutions, interviews are notauthorized until there is clearance with the court having jurisdiction,ordinarily through the U.S. Attorney's Office.
(7) The inmate is a “protection” case and revelation of his orher whereabouts would endanger the inmate's safety.
(h) Interviews are normally held in the institution visiting room duringnormal weekday business hours. The Warden may:
(1) Determine that another location is more suitable for conducting theinterview;
(2) Limit interview time for the entire institution if the Warden determinesthat the interviews are imposing a serious drain on staff or use of thefacilities;
(3) Limit to one one-hour interview per month for an inmate in segregation,restricted, holdover, control unit, or hospital status if required by specialsecurity, custodial, or supervisory needs; and
(4) Limit the amount of audio, video, and film equipment or number of mediapersonnel entering the institution if the Warden determines that the requestedequipment or personnel would create a disruption within the institution.
(i) In conjunction with the personal interview, if the member of the mediawishes to tour the institution, he or she must comply with the provisions of§ 540.61.
(j) Interviews are not subject to auditory supervision.
(a) The Warden may establish a press pool whenever he or she determines thatthe frequency of requests for interviews and visits reaches a volume thatwarrants limitations.
(b) Whenever the Warden establishes a press pool, the Warden shall notify allnews media representatives who have requested interviews or visits that have notbeen conducted. Selected representatives are admitted to the institution toconduct the interviews under the specific guidelines established by the Warden.
(c) All members of the press pool are selected by their peers and consist ofnot more than one representative from each of the following groups:
(1) The national and international news services;
(2) The television and radio networks and outlets;
(3) The news magazines and newspapers; and
(4) All media in the local community where the institution is located. If nointerest has been expressed by one or more of these groups, no representativefrom such group need be selected.
(d) All news material generated by such a press pool is made available to allmedia without right of first publication or broadcast.
(a) The Warden shall promptly make announcements stating the facts ofunusual, newsworthy incidents to local news media. Examples are deaths, insideescapes, and institution emergencies.
(b) The Warden shall provide information about an inmate that is a matter ofpublic record to the representatives of the media upon request. The informationis limited to the inmate's:
(1) Name;
(2) Register number;
(3) Place of incarceration;
(4) Age;
(5) Race;
(6) Conviction and sentencing data: this includes the offense(s) for whichconvicted, the court where convicted, the date of sentencing, the length ofsentence(s), the amount of good time earned, the parole eligibility date andparole release (presumptive or effective) date, and the date of expiration ofsentence, and includes previous Federal, state, and local convictions;
(7) Past movement via transfers or writs;
(8) General institutional assignments.
(c) Information in paragraphs (b)(1) through (8) of this section may not bereleased if confidential for protection cases.
(d) A request for additional information concerning an inmate by arepresentative of the news media is referred to the Public Information Officer,Central Office, Washington, DC.
(e) The Public Information Officer, Central Office, Washington, DC shallrelease all announcements related to:
(1) Bureau of Prisons policy;
(2) Changes in an institutional mission;
(3) Type of inmate population; or
(4) Changes in executive personnel.
Except when precluded by statute (see § 540.72), the Bureau ofPrisons permits an inmate to subscribe to or to receive publications withoutprior approval and has established procedures to determine if an incomingpublication is detrimental to the security, discipline, or good order of theinstitution or if it might facilitate criminal activity. The term publication,as used in this subpart, means a book, booklet, pamphlet, or similar document,or a single issue of a magazine, periodical, newsletter, newspaper, plus suchother materials addressed to a specific inmate such as advertising brochures,flyers, and catalogs.
(a)(1) At all Bureau institutions, an inmate may receive hardcoverpublications and newspaper only from the publisher, from a book club, or from abookstore.
(2) At medium security, high security, and administrative institutions,
(3) At minimum security and low security institutions, an inmate any receivesoftcover publications (other than newspapers) from any source.
(4) The Unit Manager may make an exception to the provisions of paragraphs(a)(1) and (2) of this section of the publication is no longer available fromthe publisher, book club, or bookstore. The Unit Manager shall require that theinmate provide written documentation that the publication is no longer availablefrom these sources. The approval or disapproval of any request for an exceptionis to be documented, in writing, on an Authorization to Receive a Package formwhich will be used to secure the item.
(b) The Warden may reject a publication only if it is determined detrimentalto the security, good order, or discipline of the institution or if it mightfacilitate criminal activity. The Warden may not reject a publication solelybecause its content is religious, philosophical, political, social or sexual, orbecause its content is unpopular or repugnant. Publications which may berejected by a Warden include but are not limited to publications which meet oneof the following criteria:
(1) It depicts or describes procedures for the construction or use ofweapons, ammunition, bombs or incendiary devices;
(2) It depicts, encourages, or describes methods of escape from correctionalfacilities, or contains blueprints, drawings or similar descriptions of Bureauof Prisons institutions;
(3) It depicts or describes procedures for the brewing of alcoholicbeverages, or the manufacture of drugs;
(4) It is written in code;
(5) It depicts, describes or encourages activities which may lead to the useof physical violence or group disruption;
(6) It encourages or instructs in the commission of criminal activity;
(7) It is sexually explicit material which by its nature or content poses athreat to the security, good order, or discipline of the institution, orfacilitates criminal activity.
(c) The Warden may not establish an excluded list of publications. This meansthe Warden shall review the individual publication prior to the rejection ofthat publication. Rejection of several issues of a subscription publication isnot sufficient reason to reject the subscription publication in its entirety.
(d) Where a publication is found unacceptable, the Warden shall promptlyadvise the inmate in writing of the decision and the reasons for it. The noticemust contain reference to the specific article(s) or material(s) consideredobjectionable. The Warden shall permit the inmate an opportunity to review thismaterial for purposes of filing an appeal under the Administrative RemedyProgram unless such review may provide the inmate with information of a naturewhich is deemed to pose a threat or detriment to the security, good order ordiscipline of the institution or to encourage or instruct in criminal activity.
(e) The Warden shall provide the publisher or sender of an unacceptablepublication a copy of the rejection letter. The Warden shall advise thepublisher or sender that he may obtain an independent review of the rejection bywriting to the Regional Director within 20 days of receipt of the rejectionletter. The Warden shall return the rejected publication to the publisher orsender of the material unless the inmate indicates an intent to file an appealunder the Administrative Remedy Program, in which case the Warden shall retainthe rejected material at the institution for review. In case of appeal, if therejection is sustained, the rejected publication shall be returned when appealor legal use is completed.
(f) The Warden may set limits locally (for fire, sanitation or housekeepingreasons) on the number or volume of publications an inmate may receive or retainin his quarters. The Warden may authorize an inmate additional storage space forstorage of legal materials in accordance with the Bureau of Prisons
(a) When commercially published information or material may not bedistributed by staff or made available to inmates due to statutory restrictions(for example, a prohibition on the use of appropriated funds to distribute ormake available to inmates information or material which is sexually explicit orfeatures nudity), the Warden or designee shall return the information ormaterial to the publisher or sender. The Warden or designee shall advise thepublisher or sender that an independent review of the decision may be obtainedby writing to the Regional Director within 20 days of receipt of thenotification letter. Staff shall provide the inmate with written notice of theaction.
(b)
(1)
(2)
(3)
(4)
44 FR 38249, June 29, 1979, unless otherwise noted.
(a) The Bureau of Prisons extends telephone privileges to inmates as part ofits overall correctional management. Telephone privileges are a supplementalmeans of maintaining community and family ties that will contribute to aninmate's personal development. An inmate may request to call a person of his orher choice outside the institution on a telephone provided for that purpose.However, limitations and conditions may be imposed upon an inmate's telephoneprivileges to ensure that these are consistent with other aspects of theBureau's correctional management responsibilities. In addition to the proceduresset forth in this subpart, inmate telephone use is subject to those limitationswhich the Warden determines are necessary to ensure the security or good order,including discipline, of the institution or to protect the public. Restrictionson inmate telephone use may also be imposed as a disciplinary sanction (see 28CFR part 541).
(b) Except as provided in this rule, the Warden shall permit an inmate whohas not been restricted from telephone use as the result of a specificinstitutional disciplinary sanction to make at least one telephone call eachmonth.
(a)
(1) During the admission and orientation process, an inmate who chooses tohave telephone privileges shall prepare a proposed telephone list. At the timeof submission, the inmate shall acknowledge that, to the best of the inmate'sknowledge, the person or persons on the list are agreeable to receiving theinmate's telephone call and that the proposed calls are to be made for a purposeallowable under Bureau policy or institution guidelines.
(2) Except as provided in paragraph (a)(3) of this section, telephone numbersrequested by an inmate will ordinarily be placed on the inmate's telephone list.When an inmate requests the placement of numbers for persons other than forimmediate family or those persons already approved for the inmate's visitinglist, staff ordinarily will notify those persons in writing that their numbershave been placed on the inmate's telephone list. The notice advises therecipient that the recipient's number will be removed from the list if therecipient makes a written request to the institution, or upon the writtenrequest of the inmate, or as provided in paragraph (a)(3) of this section.
(3) The Associate Warden may deny placement of a telephone number on aninmate's telephone list if the Associate Warden determines that there is athreat to institution security or good order, or a threat to the public. Anydisapproval must be documented in writing to both the inmate and the proposedrecipient. As with concerns about any correctional issue, including any portionof these telephone regulations, an inmate may appeal the denial through theadministrative remedy procedure (see 28 CFR part 542). The Associate Warden willnotify the denied recipient that he or she may appeal the denial by writing tothe Warden within 15 days of the receipt of the denial.
(b)
(c)
(d)
(e)
The Warden shall establish procedures that enable monitoring of telephoneconversations on any telephone located within the institution, said monitoringto be done to preserve the security and orderly management of the institutionand to protect the public. The Warden must provide notice to the inmate of thepotential for monitoring. Staff may not monitor an inmate's properly placed callto an attorney. The Warden shall notify an inmate of the proper procedures tohave an unmonitored telephone conversation with an attorney.
The Warden may not apply frequency limitations on inmate telephone calls toattorneys when the inmate demonstrates that communication with attorneys bycorrespondence, visiting, or normal telephone use is not adequate.
The inmate is responsible for any misuse of the telephone. The Warden shallrefer incidents of unlawful inmate telephone use to law enforcement authorities.The Warden shall advise an inmate that violation of the institution's telephoneregulations may result in institutional disciplinary action (See part 541,subpart B).
(a) An inmate is responsible for the expenses of inmate telephone use. Suchexpenses may include a fee for replacement of an inmate's telephone access codethat is used in an institution which has implemented debit billing for inmatetelephone calls. Each inmate is responsible for staying aware of his or heraccount balance through the automated process provided by the system. Thirdparty billing and electronic transfer of a call to a third party are prohibited.
(b) The Warden shall provide at least one collect call each month for aninmate who is without funds. An inmate without funds is defined as an inmate whohas not had a trust fund account balance of $6.00 for the past 30 days. TheWarden may increase the number of collect calls based upon local institutionconditions (e.g., institution population, staff resources, and usage demand). Toprevent abuses of this provision (e.g., inmate shows a pattern of depleting hisor her commissary funds prior to placing collect calls), the Warden may imposerestrictions on the provisions of this paragraph (b).
(c) [Reserved]
(d) The Warden may direct the government to bear the expense of inmatetelephone use or allow a call to be made collect under compelling circumstancessuch as when an inmate has lost contact with his family or has a familyemergency.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 4161-4166 (Repealed as to offenses committed on or after November1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510.
(a)
(b)
(c)
(d)
53 FR 197, Jan. 5, 1988, unless otherwise noted.
(a) So that inmates may live in a safe and orderly environment, it isnecessary for institution authorities to impose discipline on those inmateswhose behavior is not in compliance with Bureau of Prisons rules. The provisionsof this rule apply to all persons committed to the care, custody, and control(direct or constructive) of the Bureau of Prisons.
(b) The following general principles apply in every disciplinary actiontaken:
(1) Only institution staff may take disciplinary action.
(2) Staff shall take disciplinary action at such times and to the degreenecessary to regulate an inmate's behavior within Bureau rules and institutionguidelines and to promote a safe and orderly institution environment.
(3) Staff shall control inmate behavior in a completely impartial andconsistent manner.
(4) Disciplinary action may not be capricious or retaliatory.
(5) Staff may not impose or allow imposition of corporal punishment of anykind.
(6) If it appears at any stage of the disciplinary process that an inmate ismentally ill, staff shall refer the inmate to a mental health professional fordetermination of whether the inmate is responsible for his conduct or isincompetent. Staff may take no disciplinary action against an inmate whom mentalhealth staff determines to be incompetent or not responsible for his conduct.
(i) A person is not responsible for his conduct if, at the time of theconduct, the person, as a result of a severe mental disease or defect, wasunable to appreciate the nature and quality or the wrongfulness of his acts.When a person is determined not responsible for his conduct, the Incident Reportis to show as a finding that the person did not commit the prohibited actbecause that person was found not to be mentally responsible for his conduct.
(ii) A person is incompetent if that person lacks the ability to understandthe nature of the disciplinary proceedings, or to assist in his defense at theproceedings. When a person is determined incompetent, the disciplinaryproceedings shall be postponed until such time as the inmate is able tounderstand the nature of the disciplinary proceedings and to assist in hisdefense at those proceedings. If competency is not restored within a reasonableperiod of time, the Incident Report is to show as a finding that the inmate isincompetent to assist in his or her defense at the disciplinary proceedings.
Staff shall advise each inmate in writing promptly after arrival at aninstitution of:
(a) The types of disciplinary action which may be taken by institution staff;
(b) The disciplinary system within the institution and the time limitsthereof (see tables 1 and 2);
(c) The inmate's rights and responsibilities (see § 541.12);
(d) Prohibited acts and disciplinary severity scale (see § 541.13,tables 3, 4, and 5); and
(e) Sanctions by severity of prohibited act, with eligibility for restorationof forfeited and withheld statutory good time (see table 6).
(a) There are four categories of prohibited acts—Greatest, High,Moderate, and Low Moderate (see table 3 for identification of the prohibitedacts within each category). Specific sanctions are authorized for each category(see table 4 for a discussion of each sanction). Imposition of a sanctionrequires that the inmate first is found to have committed a prohibited act.
(1)
(2)
(3)
(4)
(b)
(c) Suspensions of any sanction cannot exceed six months. Revocation andexecution of a suspended sanction require that the inmate first is found to havecommitted any subsequent prohibited act. Only the Discipline Hearing Officer(DHO) may execute, suspend, or revoke and execute suspension of sanctions Athrough F. The Discipline Hearing Officer (DHO) or Unit Discipline Committee(UDC) may execute, suspend, or revoke and execute suspensions of sanctions Gthrough P. Revocations and execution of suspensions may be made only at thelevel (DHO or UDC) which originally imposed the sanction. The DHO now has
(d) If the Unit Discipline Committee has previously imposed a suspendedsanction and subsequently refers a case to the Discipline Hearing Officer, thereferral shall include an advisement to the DHO of any intent to revoke thatsuspension if the DHO finds that the prohibited act was committed. If the DHOthen finds that the prohibited act was committed, the DHO shall so advise theUnit Discipline Committee who may then revoke the previous suspension.
(e) The Unit Discipline Committee or Discipline Hearing Officer may imposeincreased sanctions for repeated, frequent offenses according to the guidelinespresented in table 5.
(f) Sanctions by severity of prohibited act, with eligibility for restorationof forfeited and withheld statutory good time are presented in table 6.
1.
(a)
(b)
(b.1)
II. VCCLEA inmates rated as violent and PLRA inmates will ordinarily bedisallowed good conduct time for each prohibited act they are found to havecommitted at a DHO hearing, consistent with the following:
(1) Greatest category offenses: A minimum of 40 days (or, if less than 54days are available for the prorated period, a minimum of 75% of available goodconduct time) for each act committed;
(2) High category offenses: A minimum of 27 days (or, if less than 54 daysare available for the prorated period, a minimum of 50% of available goodconduct time) for each act committed;
(3) Moderate category offenses: A minimum of 13 days (or, if less than 54days are available for the prorated period, a minimum of 25% of available goodconduct time) for each act committed if the inmate has committed two or moremoderate category offenses during the current anniversary period;
(4) Low moderate category offenses: A minimum of 6 days (or, if less than 54days are available for the prorated period, a minimum of 12.5% of available goodconduct time) for each act committed if the inmate has committed three or morelow moderate category offenses during the current anniversary period.
However, the DHO may, after careful consideration of mitigating factors(seriousness of the offense, the inmate's past disciplinary record, the lack ofavailable good conduct time, etc.) choose to impose a lesser sanction, or evendisallow no GCT for moderate and low moderate prohibited acts by VCCLEA inmatesrated as violent or by PLRA inmates. The DHO must thoroughly detail therationale for choosing to disallow less than 13 days or 6 days respectively.This will be documented in Section VII of the DHO report. Disallowances ofamounts greater than 13 days or 6 days respectively will occur with repetitiveoffenses consistent with the guidelines in this (b.1).
III. The decision of the DHO is final and is subject only to review by theWarden to ensure conformity with the provisions of the disciplinary policy andby inmate appeal through the administrative remedy program. The DHO is to ensurethat the inmate is notified that any appeal of a disallowance of good conducttime must be made within the time frames established in the Bureau's rule onadministrative remedy procedures.
IV. Except for VCCLEA inmates rated as violent or PLRA inmates, Sanction B.1may be imposed on the Low Moderate category only where the inmate has committedthe same low moderate prohibited act more than one time within a six-monthperiod.
(c)
(d)
(e)
(f)
2.
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(a)
(b)
(1) When it appears likely that the incident may be the subject of criminalprosecution, the investigating officer shall suspend the investigation, andstaff may not question the inmate until the Federal Bureau of Investigation orother investigative agency interviews have been completed or until the agencyresponsible for the criminal investigation advises that staff questioning mayoccur.
(2) The inmate may receive a copy of the Incident Report prior to being seenby the investigating agency. The investigating officer (Bureau of Prisons) shallgive the inmate a copy of the Incident Report at the beginning of theinvestigation, unless there is good cause for delivery at a later date, such asabsence of the inmate from the institution or a medical condition which arguesagainst delivery. If the investigation is delayed for any reason, any employeemay deliver the charge(s) to the inmate. The staff member shall note the dateand time the inmate received a copy of the Incident Report. The investigatorshall also read the charge(s) to the inmate and ask for the inmate's statementconcerning the incident unless it appears likely that the incident may be thesubject of criminal prosecution. The investigator shall advise the inmate of theright to remain silent at all stages of the disciplinary process but that theinmate's silence may be used to draw an adverse inference against the inmate atany stage of the institutional disciplinary process. The investigator shall alsoinform the inmate that the inmate's silence alone may not be used to support afinding that the inmate has committed a prohibited act. The investigator shallthen thoroughly investigate the incident. The investigator shall record allsteps and actions taken on the Incident Report and forward all relevant materialto the staff holding the initial hearing. The inmate does not receive a copy ofthe investigation. However, if the case is ultimately forwarded to theDiscipline Hearing Officer, the DHO shall give a copy of the investigation andother relevant materials to the inmate's staff representative for use inpresentation on the inmate's behalf.
The Warden shall delegate to one or more institution staff members theauthority and duty to hold an initial hearing upon completion of theinvestigation. In order to ensure impartiality, the appropriate staff member(s)(hereinafter usually referred to as the Unit Discipline Committee (UDC)) may notbe the reporting or investigating officer or a witness to the incident, or playany significant part in having the charges referred to the UDC. However,
(a) Staff shall give each inmate charged with violating a Bureau rule awritten copy of the charge(s) against the inmate, ordinarily within 24 hours ofthe time staff became aware of the inmate's involvement in the incident.
(b) Each inmate so charged is entitled to an initial hearing before the UDC,ordinarily held within three work days from the time staff became aware of theinmate's involvement in the incident. This three work day period excludes theday staff became aware of the inmate's involvement in the incident, weekends,and holidays.
(c) The inmate is entitled to be present at the initial hearing except duringdeliberations of the decision maker(s) or when institutional security would bejeopardized by the inmate's presence. The UDC shall clearly document in therecord of the hearing reasons for excluding an inmate from the hearing. Aninmate may waive the right to be present at this hearing provided that thewaiver is documented by staff and reviewed by the UDC. A waiver may be inwriting, signed by the inmate, or if the inmate refuses to sign a waiver, itshall be shown by a memorandum signed by staff and witnessed by a second staffmember indicating the inmate's refusal to appear at the hearing. The UDC mayconduct a hearing in the absence of an inmate when the inmate waives the rightto appear. When an inmate escapes or is otherwise absent from custody, the UDCshall conduct a hearing in the inmate's absence at the institution in which theinmate was last confined.
(d) The inmate is entitled to make a statement and to present documentaryevidence in the inmate's own behalf.
(e) The Unit Discipline Committee may drop or informally resolve any Moderateor Low Moderate charge. The UDC shall expunge the inmate's file of the IncidentReport if informal resolution is accomplished.
(f) The Unit Discipline Committee shall consider all evidence presented atthe hearing and shall make a decision based on at least some facts, and if thereis conflicting evidence, it must be based on the greater weight of the evidence.The UDC shall take one of the following actions:
(1) Find that the inmate committed the prohibited act charged and/or asimilar prohibited act if reflected in the Incident Report;
(2) Find that the inmate did not commit the prohibited act charged or asimilar prohibited act if reflected in the Incident Report; or
(3) Refer the case to the DHO for further hearing:
(g) The UDC shall prepare a record of its proceedings which need not beverbatim. A record of the hearing and supporting documents are kept in theinmate's file.
(h) When an alleged violation of Bureau rules is serious and warrantsconsideration for other than minor sanctions (G through P), the UDC shall referthe charge(s) without indication of findings as to commission of the allegedviolation to the Discipline Hearing Officer (DHO) for hearing and disposition.The UDC shall forward copies of all relevant documents to the DHO with a briefstatement of reasons for the referral along with any recommendations forappropriate disposition if the DHO finds the inmate has committed the actcharged and/or a similar prohibited act. The inmate whose charge is beingreferred to the Discipline Hearing Officer may be retained in administrativedetention or other restricted status, but the UDC
(i) When charges are to be referred to the Discipline Hearing Officer, theUDC shall advise the inmate of the rights afforded at a hearing before the DHO.The UDC shall ask the inmate to indicate a choice of staff representative, ifany, and the names of any witnesses the inmate wishes to be called to testify atthe hearing and what testimony they are expected to provide. The UDC shalladvise the inmate that the inmate may waive the right to be present at theInstitution Discipline hearing, but still elect to have witnesses and/or a staffrepresentative appear in the inmate's behalf at this hearing.
(j) When the Unit Discipline Committee holds a full hearing and determinesthat the inmate did not commit a prohibited act of High, Moderate or LowModerate Severity, the UDC shall expunge the inmate's file of the IncidentReport and related documents. The UDC must refer to the Discipline HearingOfficer all incidents involving prohibited acts of Greatest Severity.
(k) The UDC may extend time limits imposed in this section for a good causeshown by the inmate or staff and documented in the record of the hearing.
(a) Each Bureau of Prison institution shall have an independent hearingofficer (DHO) assigned to conduct administrative fact-finding hearings coveringalleged acts of misconduct and violations of prohibited acts, including thoseacts which could result in criminal charges. In the event of a seriousdisturbance or other emergency, of if an inmate commits an offense in thepresence of the DHO, an alternate Discipline Hearing Officer will be appointedto conduct hearings with approval of the appropriate Regional Director. If theinstitution's DHO is not able to conduct hearings, the Warden shall arrange foranother DHO to conduct the hearings. This person must be trained and certifiedas a DHO, and meet the other requirements for DHO.
(b) In order to insure impartiality, the DHO may not be the reportingofficer, investigating officer, or UDC member, or a witness to the incident orplay any significant part in having the charge(s) referred to the DHO.
(c) The Discipline Hearing Officer shall conduct hearings, make findings, andimpose appropriate sanctions for incidents of inmate miscounduct referred fordisposition following the hearing required by § 541.15 before theUDC. The DHO may not hear any case or impose any sanctions in a case not heardand referred by the UDC. Only the Discipline Hearing Officer shall have theauthority to impose or suspend sanctions A through F.
(d) The Warden at each institution shall designate a staff member,hereinafter called the Segregation Review Official (SRO), to conduct reviews ofinmates placed in disciplinary segregation and administrative detention inaccordance with the requirements of § 541.20 and § 541.22.
The Discipline Hearing Officer shall proceed as follows:
(a) The Warden shall give an inmate advance written notice of the charge(s)against the inmate no less than 24 hours before the inmate's appearance beforethe Discipline Hearing Officer unless the inmate is to be released from custodywithin that time. An inmate may waive in writing the 24-hour notice requirement.
(b) The Warden shall provide an inmate the service of a full time staffmember to represent the inmate at the hearing before the Discipline HearingOfficer should the inmate so desire. The Warden, the DHO or alternate DHO, thereporting officer, investigating officer, a witness to the incident, and UDCmembers involved in the case may not act as staff representative. The Warden mayexclude staff from acting as staff representative in a particular case whenthere is a potential conflict in roles. The staff representative shall beavailable to assist the inmate if the inmate desires by speaking to witnessesand by presenting favorable evidence to the DHO
(c) The inmate is entitled to make a statement and to present documentaryevidence in the inmate's own behalf. An inmate has the right to submit names ofrequested witnesses and have them called to testify and to present documents inthe inmate's behalf, provided the calling of witnesses or the disclosure ofdocumentary evidence does not jeopardize or threaten institutional or anindividual's security. The DHO shall call those witnesses who have informationdirectly relevant to the charge(s) and who are reasonably available. This mayinclude witnesses from outside of the institution. The inmate charged may beexcluded during the appearance of an outside witness. The appearance of theoutside witness should be in an area of the institution in which outsidevisitors are usually allowed. The DHO need not call repetitive witnesses. Thereporting officer and other adverse witnesses need not be called if theirknowledge of the incident is adequately summarized in the Incident Report andother investigative materials supplied to the DHO. The DHO shall requestsubmission of written statements from unavailable witnesses who have informationdirectly relevant to the charge(s). The DHO shall document reasons for decliningto call requested witnesses in the DHO report, or, if the reasons areconfidential, in a separate report, not available to the inmate. The inmate'sstaff representative, or when the inmate waives staff representation, the DHO,shall question witnesses requested by the inmate who are called before the DHO.The inmate who has waived staff representation may submit questions forrequested witnesses in writing to the DHO. The inmate may not question anywitness at the hearing.
(d) An inmate has the right to be present throughout the DHO hearing exceptduring a period of deliberation or when institutional security would bejeopardized. The DHO must document in the record the reason(s) for excluding aninmate from the hearing. An inmate may waive the right to be present at thehearing, provided that the waiver is documented by staff and reviewed by theDHO. A waiver may be in writing, signed by the inmate, or if the inmate refusesto sign a waiver, it shall be shown by a memorandum signed by staff andwitnessed by a second staff member indicating the inmate's refusal to appear atthe hearing. The DHO may conduct a hearing in the absence of an inmate when theinmate waives the right to appear. When an inmate escapes or is otherwise absentfrom custody, the Discipline Hearing Officer shall conduct a hearing in theinmate's absence at the institution in which the inmate was last confined. Whenan inmate returns to custody following absence during which sanctions wereimposed by the DHO (or the predecessor Institution Discipline Committee (IDC)),the Warden shall have the charges reheard before the Discipline Hearing Officerordinarily within 60 days after the inmate's arrival at the institution to whichthe inmate is designated after return to custody, and following appearancebefore the Unit
(e) The DHO may refer the case back to the UDC for further information ordisposition. The DHO may postpone or, at any time prior to making a decision asto whether or not a prohibited act was committed, may continue the hearing untila later date whenever further investigation or more evidence is needed. Apostponement or continuance must be for good cause (determined by the DHO) shownby the inmate or staff and should be documented in the record of the hearing.
(f) The DHO shall consider all evidence presented at the hearing. Thedecision of the DHO shall be based on at least some facts, and if there isconflicting evidence, it must be based on the greater weight of the evidence.The DHO shall find that the inmate either:
(1) Committed the prohibited act charged and/or a similar prohibited act ifreflected in the Incident Report; or
(2) Did not commit the prohibited act charged or a similar prohibited act ifreflected in the Incident Report.
(g) The Discipline Hearing Officer shall prepare a record of the proceedingswhich need not be verbatim. This record must be sufficient to document theadvisement of inmate rights, the DHO's findings, the DHO's decision and thespecific evidence relied on by the DHO, and must include a brief statement ofthe reasons for the sanctions imposed. The evidence relied upon, the decision,and the reasons for the actions taken must be set out in specific terms unlessdoing so would jeopardize institutional security. The DHO shall give the inmatea written copy of the decisions and disposition, ordinarily within 10 days ofthe DHO's decision.
(h) A record of the hearing and supporting documents are to be kept in theinmate central file.
(i) The Discipline Hearing Officer shall expunge an inmate's file of theIncident Report and related documents following a DHO finding that the inmatedid not commit a prohibited act. The requirement for expunging the inmate's filedoes not preclude maintaining for research purposes copies of disciplinaryactions resulting in “not guilty” findings in a master file separatefrom the inmate's institution file. However, institution staff may not use orallow the use of the contents of this master file in a manner which wouldadversely affect the inmate. Likewise, the expungement requirement does notrequire the destruction of medical reports or other reports relating to aparticular inmate which must be maintained to document medical or othertreatment given in a special housing unit. If an inmate's conduct during onecontinuous incident may constitute more than one prohibited act, and if theincident is reported in a single Incident Report, and if the DHO finds theinmate has not committed every prohibited act charged, or if the DHO finds thatthe inmate has committed a prohibited act(s) other than the act(s) charged, thenthe DHO shall record those findings clearly and shall change the Incident Reportto show only the
The Discipline Hearing Officer has available a broad range of sanctions anddispositions following completion of the hearing. The Discipline Hearing Officermay do any of the following:
(a) Dismiss any charge(s) upon a finding that the inmate did not commit theprohibited act(s). The DHO shall order the record of charge(s) expunged uponsuch finding.
(b) Impose any of sanctions A through P as provided in § 541.13.
(c) Suspend the execution of a sanction it imposes as provided in§ 541.13.
At the time the Unit Discipline Committee or Discipline Hearing Officer givesan inmate written notice of its decision, the UDC or DHO shall also advise theinmate that the inmate may appeal the decision under Administrative RemedyProcedures (see part 542 of this chapter). An inmate's initial appeal of adecision of the DHO should be filed directly to the appropriate Regional Office.The inmate should forward a copy of the DHO report or, if not available at thetime of filing, should state in his appeal the date of the DHO hearing and thenature of the charges against the inmate. On appeals, the appropriate reviewingofficial (the Warden, Regional Director, or General Counsel) may approve,modify, reverse, or send back with directions, including ordering a rehearing,any disciplinary action of the Unit Discipline Committee or Discipline HearingOfficer but may not increase any valid sanction imposed. On appeals, theappropriate reviewing authority shall consider:
(a) Whether the Unit Discipline Committee or the Discipline Hearing Officersubstantially complied with the regulations on inmate discipline;
(b) Whether the Unit Discipline Committee or Discipline Hearing Officer basedits decision on some facts, and if there was conflicting evidence, whether thedecision was based on the greater weight of the evidence; and
(c) Whether an appropriate sanction was imposed according to the severitylevel of the prohibited act, and other relevant circumstances.
(a) Except as provided in paragraph (b) of this section, an inmate may beplaced in disciplinary segregation only by order of the Discipline HearingOfficer following a hearing in which the inmate has been found to have committeda prohibited act in the Greatest, High, or Moderate Category, or a repeatedoffense in the Low Moderate Category. The DHO may order placement indisciplinary segregation only when other available dispositions are inadequateto achieve the purpose of punishment and deterrence necessary to regulate aninmate's behavior within acceptable limits.
(b) The Warden may temporarily (not exceeding five days) move an inmate to amore secure cell (which may be in an area ordinarily set aside for disciplinarysegregation and which therefore requires the withdrawal of privileges ordinarilyafforded in administrative detention status, until a hearing before the DHO canbe held) who (1) is causing a serious disruption (threatening life, seriousbodily harm, or property) in administrative detention, (2) cannot be controlledwithin the physical confines of administrative detention, and (3) upon advice ofappropriate medical staff, does not require confinement in the institutionhospital for mental or physical treatment, or who would ordinarily be housed inthe institution hospital for mental or physical treatment, but who cannot safelybe housed there because the hospital does not have a room or cell with adequatesecurity provisions. The Warden may delegate this authority no further than tothe official in charge of the institution at the time the move is necessary.
(c) The Segregation Review Official (SRO) (see § 541.16(d)) shallconduct a hearing and formally review the status
(d) The Segregation Review Official may release an inmate from disciplinarysegregation earlier than the sanction initially imposed upon finding thatcontinuation in disciplinary segregation is no longer necessary to regulate theinmate's behavior within acceptable limits or for fulfilling the purpose ofpunishment and deterrence which initially resulted in the inmate's placement indisciplinary segregation status. The SRO may not increase any previously imposedsanction.
(a) Disciplinary segregation is the status of confinement of an inmate housedin a special housing unit in a cell either alone or with other inmates,separated from the general population. Inmates housed in disciplinarysegregation have significantly fewer privileges than those housed inadministrative detention.
(b) The Warden shall maintain for each segregated inmate basic living levelsof decency and humane treatment, regardless of the purpose for which the inmatehas been segregated. Living conditions may not be modified for the purpose ofreinforcing acceptable behavior and different levels of living arrangements willnot be established. Where it is determined necessary to deprive an inmate of ausually authorized item, staff shall prepare written documentation as to thebasis for this action, and this document will be signed by the Warden,indicating the Warden's review and approval.
(c) The basic living standards for segregation are as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Administrative detention is the status of confinement of an inmate in aspecial housing unit in a cell either by self or with other inmates which servesto remove the inmate from the general population.
(a)
(1) Is pending a hearing for a violation of Bureau regulations;
(2) Is pending an investigation of a violation of Bureau regulations;
(3) Is pending investigation or trial for a criminal act;
(4) Is pending transfer;
(5) Requests admission to administrative detention for the inmate's ownprotection, or staff determines that admission to or continuation inadministrative detention is necessary for the inmate's own protection (see§ 541.23); or
(6) Is terminating confinement in disciplinary segregation and placement ingeneral population is not prudent. The Segregation Review Official is to advisethe inmate of this determination and the reasons for such action.
(i) Except for pretrial inmates or inmates in a control unit program, staffordinarily within 90 days of an inmate's placement in post-disciplinarydetention shall either return the inmate to the general inmate population orrequest regional level assistance to effect a transfer to a more suitableinstitution.
(ii) The Assistant Director, Correctional Programs Division, shall review forpurpose of making a disposition, the case of an inmate not transferred frompost-disciplinary detention within the time frame specified in paragraph(a)(6)(i) of this section.
(iii) Staff in a control unit will attempt to adhere to the 90-day limit foran inmate's placement in post-disciplinary detention. Because security needsrequired for an inmate in a control unit program may not be available outside ofpost-discipline detention, the Warden may approve an extension of this placementupon determining in writing that it is not practicable to release the inmate tothe general inmate population or to effect a transfer to a more suitableinstitution.
(iv) The appropriate Regional Director and the Assistant Director,Correctional Programs Division, shall review (for purpose of making adisposition) the case of an inmate in a control unit program not transferredfrom post-disciplinary detention within the 90-day time frame specified inparagraph (a)(6)(iii) of this section. A similar, subsequent review shall beconducted every 60-90 days if post-disciplinary detention continues forthis extended period.
(b)
(c)
(2) The Warden shall designate appropriate staff to meet weekly with aninmate in administrative detention when this placement is a direct result of theinmate's holdover status. Staff shall also review this type of case on therecord each week.
(3) When an inmate is placed in administrative detention for protection, butnot at that inmate's request, the Warden or designee is to review the inmate'sstatus within two work days of this placement to determine if continuedprotective custody is necessary. A formal hearing is to be held within sevendays of the inmate's placement (see § 541.23, Protection Cases).
(d)
(a) Staff may consider the following categories of inmates as protectioncases:
(1) Victims of inmate assaults;
(2) Inmate informants;
(3) Inmates who have received inmate pressure to participate in sexualactivity;
(4) Inmates who seek protection through detention, claiming to be former lawenforcement officers, informants, or others in sensitive law enforcementpositions, whether or not there is official information to verify the claim;
(5) Inmates who have previously served as inmate gun guards, dog caretakers,or in similar positions in state or local correctional facilities;
(6) Inmates who refuse to enter the general population because of allegedpressures from other unidentified inmates;
(7) Inmates who will not provide, and as to whom staff cannot determine, thereason for refusal to return to the general population; and
(8) Inmates about whom staff has good reason to believe the inmate is inserious danger of bodily harm.
(b) Inmates who are placed in administrative detention for protection, butnot at their own request or beyond the time when they feel they need to bedetained for their own protection, are entitled to a hearing, no later thanseven
(c) Ordinarily, staff may place an inmate in administrative detention asprovided in paragraph (a) of this rule relating to protection cases, for aperiod not to exceed 90 days. Staff shall clearly document in the record thereasons for any extension beyond this 90-day period.
(d) Where appropriate, staff shall first attempt to place the inmate in thegeneral population of their particular facility. Where inappropriate, staffshall clearly document the reason(s) and refer the case, with all relevantmaterial, to their Regional Director, who, upon review of the material, mayorder the transfer of a protection case.
49 FR 32991, Aug. 17, 1984, unless otherwise noted.
(a) In an effort to maintain a safe and orderly environment within itsinstitutions, the Bureau of Prisons operates control unit programs intended toplace into a separate unit those inmates who are unable to function in a lessrestrictive environment without being a threat to others or to the orderlyoperation of the institution. The Bureau of Prisons provides written criteriafor the:
(1) Referral of an inmate for possible placement within a control unit;
(2) Selection of an inmate for placement within a control unit;
(3) Regular review of an inmate while housed in a control unit; and
(4) Release of an inmate from a control unit.
(b) The Bureau of Prisons provides an inmate confined within a control unitthe opportunity to participate in programs and activities restricted asnecessary to protect the security, good order, or discipline of the unit.
(a) The Warden shall submit a recommendation for referral of an inmate forplacement in a control unit to the Regional Director in the region where theinmate is located.
(b) The Warden shall consider the following factors in a recommendation forcontrol unit placement.
(1) Any incident during confinement in which the inmate has caused injury toother persons.
(2) Any incident in which the inmate has expressed threats to the life orwell-being of other persons.
(3) Any incident involving possession by the inmate of deadly weapons ordangerous drugs.
(4) Any incident in which the inmate is involved in a disruption of theorderly operation of a prison, jail or other correctional institution.
(5) An escape from a correctional institution.
(6) An escape attempt. Depending on the circumstances, an escape attempt,considered alone or together with an inmate's prior history, may warrantconsideration for a control unit placement.
(7) The nature of the offense for which committed. An inmate may not beconsidered solely on the nature of the crime which resulted in that inmate'sincarceration; however, the nature of the crime may be considered in combinationwith other factor(s) as described in paragraph (b) of this section.
(c) The Warden may not refer an inmate for placement in a control unit:
(1) If the inmate shows evidence of significant mental disorder or majorphysical disabilities as documented in a mental health evaluation or a physicalexamination;
(2) On the basis that the inmate is a protection case, e.g., a homosexual, aninformant, etc., unless the inmate meets other criteria as described inparagraph (b) of this section.
(a) The Regional Director in the region where the inmate is located shallreview the institution's recommendation for referral of an inmate for placementin a control unit. If the Regional Director concurs with the recommendation, theRegional Director shall forward a written request, together with theinstitution's referral material, to the Regional Director of the region wherethe control unit is located. The Regional Director of the region where thecontrol unit is located shall designate a person in the Regional Office toreview the referral material and to conduct a hearing on the appropriateness ofan inmate's placement in a control unit.
(b) The Hearing Administrator shall have the following qualifications:
(1) Correctional experience, including institutional work with inmates,processing of inmate disciplinary actions, significant institutional experiencein observing and evaluating inmate adjustment and disruptive behavior, andknowledge of the options available in the Bureau of Prisons for dealing withsuch conduct;
(2) Lack of former personal involvement in an Institution DisciplineCommittee action involving the particular inmate in incident(s) referred; and
(3) Familiarity with Bureau of Prisons policies and operations, including thecriteria for placement of inmates in different institutions and in a controlunit.
(a) The Hearing Administrator shall provide a hearing to an inmaterecommended for placement in a control unit. The hearing ordinarily shall takeplace at the recommending or sending institution.
(b) The hearing shall proceed as follows.
(1) Staff shall provide an inmate with an advance written notice of thehearing and a copy of this rule at least 24 hours prior to the hearing. Thenotice will advise the inmate of the specific act(s) or other evidence whichforms the basis for a recommendation that the inmate be transferred to a controlunit, unless such evidence would likely endanger staff or others. If an inmateis illiterate, staff shall explain the notice and this rule to the inmate anddocument that this explanation has occurred.
(2) The Hearing Administrator shall provide an inmate the service of a full-time staff member to represent the inmate, if the inmate so desires. The HearingAdministrator shall document in the record of the hearing an inmate's requestfor, or refusal of staff representation. The inmate may select a staffrepresentative from the local institution. If the selected staff member declinesor is unavailable, the inmate has the option of selecting another representativeor, in the case of an absent staff member, of waiting a reasonable period(determined by the Hearing Administrator) for the staff member's return, or ofproceeding without a staff representative. When an inmate is illiterate, theWarden shall provide a staff representative. The staff representative shall beavailable to assist the inmate and, if the inmate desires, shall contactwitnesses and present favorable evidence at the hearing. The HearingAdministrator shall afford the staff representative adequate time to speak withthe inmate and to interview available witnesses.
(3) The inmate has the right to be present throughout the hearing, exceptwhere institutional security or good order is jeopardized. The HearingAdministrator may conduct a hearing in the absence of the inmate when the inmaterefuses to appear. The Hearing Administrator shall document an inmate's refusalto appear, or other reason for non-appearance, in the record of the hearing.
(4) The inmate is entitled to present documentary evidence and to havewitnesses appear, provided that calling witnesses would not jeopardize orthreaten institutional security or individual safety, and further provided thatthe witnesses are available at the institution where the hearing is beingconducted.
(i) The evidence to be presented must be material and relevant to the issueas to whether the inmate can and would function in a general prison populationwithout being or posing a threat to
(ii) Repetitive witnesses need not be called. Staff who recommend placementin a control unit are not required to appear, provided their recommendation isfully explained in the record. Staff who were involved, in any capacity, informer disciplinary proceedings need not be called as to their involvement inthose proceedings, since this hearing is not to go over the factual basis forprior actions which have been decided.
(iii) When a witness is not available within the institution, or notpermitted to appear, the inmate may submit a written statement by that witness.The Hearing Administrator shall, upon the inmate's request, postpone anydecision following the hearing for a reasonable time to permit the obtaining andforwarding of written statements.
(iv) The Hearing Administrator shall document in the record of the hearingthe reasons for declining to permit a witness or to receive documentaryevidence.
(a) At the conclusion of the hearing and following review of all materialrelated to the recommendation for placement of an inmate in a control unit, theHearing Administrator shall prepare a written decision as to whether thisplacement is warranted. The Hearing Administrator shall:
(1) Prepare a summary of the hearing and of all information presented uponwhich the decision is based; and
(2) Indicate the specific reasons for the decision, to include a descriptionof the act, or series of acts, or evidence on which the decision is based.
(b) The Hearing Administrator shall advise the inmate in writing of thedecision. The inmate shall receive the information described in paragraph (a) ofthis section unless it is determined that the release of this information couldpose a threat to individual safety, or institutional security, in which casethat limited information may be withheld. The Hearing Administrator shall advisethe inmate that the decision will be submitted for review of the ExecutivePanel. The Hearing Administrator shall advise the inmate that, if the inmate sodesires, the inmate may submit an appeal of the Hearing Administrator's decisionto the Executive Panel. This appeal, with supporting documentation and reasons,must be filed within five working days of the inmate's receipt of the HearingAdministrator's decision.
(c) The Hearing Administrator shall send the decision, whether for or againstplacement in a control unit, and supporting documentation to the ExecutivePanel. Ordinarily this is done within 20 working days after conclusion of thehearing. Any reason for extension is to be documented.
The Executive Panel is composed of the Regional Director of the region wherea control unit is located to which referral is being considered and theAssistant Director, Correctional Programs Division.
(a) The Executive Panel shall review the decision and supportingdocumentation of the Hearing Administrator and, if submitted, the informationcontained in an inmate's appeal. The Panel shall accept or reject the HearingAdministrator's decision within 30 working days of its receipt, unless for goodcause there is reason for delay, which shall be documented in the record.
(b) The Executive Panel shall provide a copy of its decision to the Warden atthe institution to which the inmate is to be transferred, to the inmate, to thereferring Warden and region, and to the Hearing Administrator.
(c) An inmate may appeal a decision of the Executive Panel, through theAdministrative Remedy Procedure, directly to the Office of General Counsel,Bureau of Prisons, within 30 calendar days of the inmate's receipt of theExecutive Panel's decision.
The Warden shall provide the following services to a control unit inmate.These services must be provided
(a)
(b)
(c)
(d)
(e)
(1) Each inmate shall have the opportunity to receive a minimum of sevenhours weekly recreation and exercise out of the cell.
(2) Staff shall provide various games and exercise materials as consistentwith security considerations and orderly operation of the unit. Inmates whoalter or intentionally damage recreation equipment may be deprived of the use ofthat equipment in the future.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
Staff shall provide an inmate admitted to a control unit with:
(a) Notice of the projected duration of the inmate's confinement in a controlunit;
(b) Notice of the type of personal property which is allowable in the unit(items made of glass or metal will not be permitted);
(c) A summary of the guidelines and disciplinary procedures applicable in theunit;
(d) An explanation of the activities in a control unit;
(e) The expectations of the inmate's involvement in control unit activities;and
(f) The criteria for release from the unit, and how those criteriaspecifically relate to this confinement period in the unit and any specificrequirements in the inmate's individual case.
(a) The Warden at an institution housing a control unit may order a digitalor simple instrument search for all new admissions to the control unit. TheWarden may also order a digital or simple instrument search for any inmate whois returned to the control unit following contact with the public. Authorizationfor a digital or simple instrument search must be in writing, signed by theWarden, with a copy placed in the inmate central file. The Warden's authoritymay not be delegated below the level of Acting Warden.
(b) An inmate in a control unit may request in writing that an X-ray be takenin lieu of the digital search discussed in paragraph (a) of this section. TheWarden shall approve this request, provided it is determined and stated inwriting by the institution's Clinical Director or Acting Clinical Director (maynot be further delegated) that the amount of X-ray exposure previously receivedby the inmate, or anticipated to be given the inmate in the immediate future,does not make the proposed X-ray medically unwise. Staff are to placedocumentation of the X-ray, and the inmate's signed request for it, in theinmate's central and medical files. The Warden's authority may not be delegatedbelow the level of Acting Warden.
(c) Staff may not conduct a digital or simple instrument search if it islikely to result in physical injury to the inmate. In this situation, theWarden, upon approval of the Regional Director, may authorize the institutionphysician to order a non-repetitive X-ray for the purpose of determining ifcontraband is concealed in or on the inmate. The X-ray examination may not beperformed if it is determined by the institution physician that such anexamination is likely to result in serious or lasting medical injury or harm tothe inmate. Staff are to place documentation of the X-ray examination in theinmate's central file and medical file. The authority of the Warden and RegionalDirector may not be delegated below the level of Acting Warden
(d) Staff shall solicit the inmate's written consent prior to conducting adigital or simple instrument search, or, as specified in paragraph (c) of thissection, an X-ray examination. However, the inmate's consent is not required.
(a) Unit staff shall evaluate informally and daily an inmate's adjustmentwithin the control unit. Once every 30 days, the control unit team, comprised ofthe control unit manager and other members designated by the Warden (ordinarilyto include the officer-in-charge or lieutenant, case manager, and educationstaff member assigned to the unit), shall meet with an inmate in the controlunit. The inmate is required to attend the team meeting in order to be eligiblefor the previous month's stay in the control unit to be credited towards theprojected duration of confinement in that unit. The unit team shall make anassessment of the inmate's progress within the unit and may make arecommendation as to readiness for release after considering the inmate's:
(1) Unit status;
(2) Adjustment; and
(3) Readiness for release from the unit. (See § 541.50(a))
(b) The Warden shall serve as the review authority at the institutional levelfor unit team actions.
(c) An inmate may appeal the Warden's decision to the Executive Panel withinfive working days of receipt of that decision. The inmate will receive aresponse to this appeal at the inmate's next appearance before the ExecutivePanel.
(d) At least once every 60 to 90 days, the Executive Panel shall review thestatus of an inmate in a control unit to determine the inmate's readiness forrelease from the Unit. The Executive Panel shall consider those factorsspecified in § 541.50(a), along with any recommendations by the unitteam and Warden.
(e) An inmate may appeal a decision of the Executive Panel, through theAdministrative Remedy Procedure, directly to the Office of General Counsel,Bureau of Prisons within 30 calendar days from the date of the Executive Panel'sresponse.
(a) Only the Executive Panel may release an inmate from a control unit. Thefollowing factors are considered in the evaluation of an inmate's readiness forrelease from a control unit:
(1) Relationship with other inmates and staff members, which demonstratesthat the inmate is able to function in a less restrictive environment withoutposing a threat to others or to the orderly operation of the institution;
(2) Involvement in work and recreational activities and assignments;
(3) Adherence to institution guidelines and Bureau of Prisons rules andpolicy;
(4) Personal grooming and cleanliness; and
(5) Quarters sanitation.
(b) An inmate released from a control unit may be returned:
(1) To the institution from which the inmate was originally transferred;
(2) To another federal or non-federal institution; or
(3) Into the general population of the institution which has a control unit.
54 FR 11323, Mar. 17, 1989, unless otherwise noted.
In an effort to maintain a safe and orderly environment within itsinstitutions, the Bureau of Prisons may place in controlled housing status aninmate who tests HIV positive when there is reliable evidence that the inmatemay engage in conduct posing a health risk to another person.
An inmate may be placed in a controlled housing status when there is reliableevidence causing staff to believe that the inmate engages in conduct posing ahealth risk to others. This evidence may be the inmate's behavior, or statementsof the inmate, or other reliable evidence.
(a) The Warden shall consider an inmate for controlled housing status whenthe inmate has been confirmed as testing HIV positive and when there is reliableevidence indicating that the inmate may engage in conduct posing a health riskto others. This evidence may come from the statements of the individual,repeated misconduct (including disciplinary actions), or other behaviorsuggesting that the inmate may engage in predatory or promiscuous sexualbehavior, assaultive behavior where body fluids may be transmitted to another,or the sharing of needles.
(b) The Warden shall submit a recommendation for referral of an inmate forplacement in a controlled housing status to the Regional Director in the regionwhere the inmate is located.
(c) Based on the perceived health risk to others posed by the inmate'sthreatened or actual actions, the Warden may, with the telephonic approval ofthe Regional Director, temporarily (not to exceed 20 work days) place an inmatein a special housing status (e.g., administrative detention, or a secure healthservice unit room) pending the inmate's appearance before the HearingAdministrator. Reasons for this placement, and the approval of the RegionalDirector, shall be documented in the inmate central file. The inmate should beseen daily by case management and medical staff while in this temporary status,and a psychological or psychiatric assessment report should be prepared duringthis temporary placement period.
(a) The Regional Director in the region where the inmate is located shallreview the institution's recommendation for referral of an inmate for controlledhousing status. If the Regional Director concurs with the recommendation, theRegional Director shall designate a person in the Regional Office or a person atdepartment head level or above in the institution to conduct a hearing on theappropriateness of an inmate's placement in controlled housing status. ThisHearing Administrator shall have correctional experience, no former personalinvolvement in the instant situation, and a knowledge of the type of behaviorthat poses a health risk to others, and of the options available for dealingwith an inmate who poses such a health risk to others.
(b) The Hearing Administrator shall provide a hearing to an inmaterecommended for controlled housing status. The hearing ordinarily shall takeplace at the institution housing the inmate.
(c) The hearing shall proceed as follows:
(1) Staff shall provide an inmate with an advance written notice of thehearing and a copy of this rule at least 24 hours prior to the hearing. Thenotice will advise the inmate of the specific act(s) or other evidence whichforms the basis for a recommendation that the inmate be placed in a controlledhousing status, unless such evidence would likely endanger staff or others. Ifan inmate is illiterate, staff shall explain the notice and this rule to theinmate and document that this explanation has occurred.
(2) The Hearing Administrator shall upon request of the inmate provide aninmate the service of a full-time staff member to represent the inmate. TheHearing Administrator shall document in the record of the hearing an inmate'srequest for, or refusal of staff representation. The inmate may select
(3) The inmate has the right to be present throughout the hearing, exceptwhere institutional security or good order is jeopardized. The HearingAdminstrator may conduct a hearing in the absence of the inmate when the inmaterefuses to appear. The Hearing Administrator shall document an inmate's refusalto appear, or other reason for nonappearance, in the record of the hearing.
(4) The inmate is entitled to present documentary evidence and to havewitnesses appear, provided that calling witnesses would not jeopardize orthreaten institutional security or individual safety, and further provided thatthe witnesses are available at the institution where the hearing is beingconducted.
(i) The evidence to be presented must be material and relevant to the issueas to whether the inmate can and would pose a health risk to others, if allowedto remain in general prison population. This evidence may come from thestatements of the individual, repeated misconduct (including disciplinaryactions), or other behavior suggesting that the inmate may engage in predatoryor promiscuous sexual behavior, assaultive behavior where body fluids may betransmitted to others, or the sharing of needles.
(ii) Repetitive witnesses need not be called. Staff who recommend placementin a controlled housing status are not required to appear, provided theirrecommendation is fully explained in the record.
(iii) When a witness is not available within the institution, or notpermitted to appear, the inmate may submit a written statement by that witness.The Hearing Administrator shall, upon the inmate's request, postpone anydecision following the hearing for a reasonable time to permit the obtaining andforwarding of written statements.
(iv) The Hearing Administrator shall document in the record of the hearingthe reasons for declining to hear a witness or to receive documentary evidence.
(a) At the conclusion of the hearing and following review of all materialrelated to the recommendation for placement of an inmate in a controlled housingstatus, the Hearing Administrator shall prepare a written decision as to whetherthis placement is warranted. The Hearing Administrator shall:
(1) Prepare a summary of the hearing and of all information presented uponwhich the decision is based; and
(2) Indicate the specific reasons for the decision, to include a descriptionof the act, or series of acts, or other reliable evidence on which the decisionis based, along with evidence of the inmate's HIV positive status.
(b) The Hearing Administrator shall advise the inmate in writing of thedecision. The inmate shall receive the information described in paragraph (a) ofthis section unless it is determined that the release of this information couldpose a threat to individual safety, or institutional security, in which casethat limited information may be withheld. The Hearing Administrator shall advisethe inmate that the decision will be submitted for review of the RegionalDirector in the region where the inmate is located. The Hearing Administratorshall advise the inmate that, if the inmate so desires, the inmate may submit anappeal of the Hearing Administrator's decision to the Regional Director. Thisappeal,
(c) The Hearing Administrator may order the continuation of the inmate inspecial housing pending review by the Regional Director. The HearingAdministrator should state the reasons for this order in the record of theHearing.
(d) The Hearing Administrator shall send the decision, whether for or againstplacement in a controlled housing status, and supporting documentation to theRegional Director. Ordinarily, this is done within 20 working days afterconclusion of the hearing. Any reason for extension is to be documented.
(a) The Regional Director shall review the decision and supportingdocumentation of the Hearing Administrator and, if submitted, the informationcontained in an inmate's appeal. The Regional Director shall accept or rejectthe Hearing Administrator's decision within 30 working days of its receipt,unless for good cause there is reason for delay, which shall be documented inthe record. The authority of the Regional Director may not be delegated belowthe level of acting Regional Director.
(b) The Regional Director shall provide a copy of his decision to the Wardenat the institution housing the inmate, to the inmate, and to the HearingAdministrator.
(c) An inmate may appeal a decision of the Regional Director, through theAdministrative Remedy Program, directly to the National Inmate AppealsAdministrator, Office of General Counsel, within 30 calendar days of theRegional Director's decision (see 28 CFR 542.15).
To the extent consistent with available resources and the security needs ofthe institution, an inmate in controlled housing status is to be considered foractivities and privileges afforded to the general population. This includes, butis not limited to, providing an inmate with the opportunity for participation inan education program, library services, counseling, and religious guidance, aswell as access to case management, medical and mental health assistance, andlegal services, including access to the institution's law libraries. An inmatein controlled housing status should be afforded at least five hours weeklyrecreation and exercise out of the cell. The recreation shall be by himself orunder close supervision. Unless there are compelling reasons to the contrary,institutions shall provide commissary privileges and reasonable amounts ofpersonal property. The Warden may restrict for reasons of security, fire safety,or housekeeping the amount of personal property that an inmate may retain whilein controlled housing status. An inmate shall be permitted to have a radio,provided it is equipped with ear plugs. Visits shall be carefully monitored.
(a) Staff designated by the Warden shall evaluate regularly an inmate'sadjustment while in controlled housing status. A medical staff member shall seethe inmate daily, and regularly record medical and behavioral impressions. Onceevery 90 days, staff, comprised of a correctional and case managementsupervisor, and a member of the medical staff, shall meet with the inmate. Theinmate is required to attend this meeting in order to be considered for releaseto the general population. Any refusal by the inmate to attend this meeting willbe documented. Staff, at this meeting, shall make an assessment of the inmate'sadjustment while in controlled housing and the likely health threat the inmateposes to others by his actions.
(b) The Warden shall serve as the review authority at the institutionallevel, and shall make a recommendation to the Regional Director when he believesthe inmate should be considered for release from controlled housing.
(c) An inmate may appeal a Warden's decision not to recommend release
(d) Upon recommendation of the Warden, or upon appeal from the inmate, theRegional Director may decide whether or not to release the inmate to generalpopulation from controlled housing status.
(e) An inmate may appeal a decision of the Regional Director, through theAdministrative Remedy Program, directly to the National Inmate AppealsAdministrator, Office of General Counsel, within 30 calendar days of theRegional Director's decision (see 28 CFR 542.15).
(a) Only the Regional Director may release an inmate from controlled housingstatus. The following factors are considered in the evaluation of an inmate'sreadiness for return to the general population:
(1) Relationship with other inmates and staff members, which demonstrate thatthe inmate is able to function in a less restrictive environment without posinga health threat to others or to the orderly operation of the institution;
(2) Involvement in work and recreational activities and assignments or otherprograms; and
(3) Adherence to institution guidelines and Bureau of Prisons rules andpolicy.
(b) An inmate released from a controlled housing status may be returned tothe general population of that institution, or to another federal or non-federalinstitution.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984, as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510.
61 FR 88, Jan. 2, 1996, unless otherwise noted.
(a)
(b)
(c)
(a) The Community Corrections Manager (CCM), Warden, Regional Director, andGeneral Counsel are responsible for the implementation and operation of theAdministrative Remedy Program at the Community Corrections Center (CCC),institution, regional and Central Office levels, respectively, and shall:
(1) Establish procedures for receiving, recording, reviewing, investigating,and responding to Administrative Remedy Requests (Requests) or Appeals (Appeals)submitted by an inmate;
(2) Acknowledge receipt of a Request or Appeal by returning a receipt to theinmate;
(3) Conduct an investigation into each Request or Appeal;
(4) Respond to and sign all Requests or Appeals filed at their levels. At theregional level, signatory authority may be delegated to the Deputy RegionalDirector. At the Central Office level, signatory authority may be delegated tothe National Inmate Appeals Administrator. Signatory authority extends to staffdesignated as acting in the capacities specified in this § 542.11,but may not be further delegated without the written approval of the GeneralCounsel.
(b) Inmates have the responsibility to use this Program in good faith and inan honest and straightforward manner.
(a)
(b)
(a)
(b)
(c)
(2) The inmate shall place a single complaint or a reasonable number ofclosely related issues on the form. If the inmate includes on a single formmultiple unrelated issues, the submission shall be rejected and returned withoutresponse, and the inmate shall be advised to use a separate form for eachunrelated issue. For DHO and UDC appeals, each separate incident report numbermust be appealed on a separate form.
(3) The inmate shall complete the form with all requested identifyinginformation and shall state the complaint in the space provided on the form. Ifmore space is needed, the inmate may use up to one letter-size(8
(4) The inmate shall date and sign the Request and submit it to theinstitution staff member designated to receive such Requests (ordinarily acorrectional counselor). CCC inmates may mail their Requests to the CCM.
(d)
(2)
(3)
(4)
(a)
(b)
(2) An inmate may not raise in an Appeal issues not raised in the lower levelfilings. An inmate may not combine Appeals of separate lower level responses(different case numbers) into a single Appeal.
(3) An inmate shall complete the appropriate form with all requestedidentifying information and shall state the reasons for the Appeal in the spaceprovided on the form. If more space is needed, the inmate may use up to oneletter-size (8
(a) An inmate may obtain assistance from another inmate or from institutionstaff in preparing a Request or an Appeal. An inmate may also obtain assistancefrom outside sources, such as family members or attorneys. However, no personmay submit a Request or Appeal on the inmate's behalf, and obtaining assistancewill not be considered a valid reason for exceeding a time limit for submissionunless the delay was caused by staff.
(b) Wardens shall ensure that assistance is available for inmates who areilliterate, disabled, or who are not functionally literate in English. Suchassistance includes provision of reasonable accommodation in order for an inmatewith a disability to prepare and process a Request or an Appeal.
(a)
(b)
(c)
If accepted, a Request or Appeal is considered filed on the date it is loggedinto the Administrative Remedy Index as received. Once filed, response shall bemade by the Warden or CCM within 20 calendar days; by the Regional Directorwithin 30 calendar days; and by the General Counsel within 40 calendar days. Ifthe Request is determined to be of an emergency nature which threatens theinmate's immediate health or welfare, the Warden shall respond not later thanthe third calendar day after filing. If the time period for response to aRequest or Appeal is insufficient to make an appropriate decision, the time forresponse may be extended once by 20 days at the institution level, 30 days atthe regional level, or 20 days at the Central Office level. Staff shall informthe inmate of this extension in writing. Staff shall respond in writing to allfiled Requests or Appeals. If the inmate does not receive a response within thetime allotted for reply, including extension, the inmate may consider theabsence of a response to be a denial at that level.
Inmates and members of the public may request access to Administrative Remedyindexes and responses, for which inmate names and Register Numbers have beenremoved, as indicated below. Each institution shall make available its index,and the indexes of its regional office and the Central Office. Each regionaloffice shall make available its index, the indexes of all institutions in itsregion, and the index of the Central Office. The Central Office shall makeavailable its index and the indexes of all institutions and regional offices.Responses may be requested from the location where they are maintained and mustbe identified by Remedy ID number as indicated on an index. Copies of indexes orresponses may be inspected during regular office hours at the locationsindicated above, or may be purchased in accordance with the regular feesestablished for copies furnished under the Freedom of Information Act (FOIA).
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to Offenses committed afterthat date), 5039; 28 U.S.C. 509, 510, 1346(b), 2671-80; 28 CFR0.95-0.99, 0.172, 14.1-11.
44 FR 38263, June 29, 1979, unless otherwise noted.
The Bureau of Prisons affords an inmate reasonable access to legal materialsand counsel, and reasonable opportunity to prepare legal documents. The Wardenshall establish an inmate law library, and procedures for access to legalreference materials and to legal counsel, and for preparation of legaldocuments.
(a) The Warden shall make materials in the inmate law library availablewhenever practical, including evening and weekend hours. The Warden shall allowan inmate a reasonable amount of time, ordinarily during the inmate's leisuretime (that is, when the inmate is not participating in a scheduled program orwork assignment), to do legal research and to prepare legal documents. Wherepractical, the Warden shall allow preparation of documents in living quartersduring an inmate's leisure time.
(b) The Warden shall periodically ensure that materials in each inmate lawlibrary are kept intact and that lost or damaged materials are replaced.
(c) Staff shall advise an inmate of rules and local procedures governing useof the inmate law library. Unauthorized possession of library materials by aninmate constitutes a prohibited act, generally warranting disciplinary action(see part 541 of this chapter).
(d) An inmate's legal materials include but are not limited to the inmate'spleadings and documents (such as a presentence report) that have been filed incourt or with another judicial or administrative body, drafts of pleadings to besubmitted by the inmate to a court or with other judicial or administrative bodywhich contain the inmate's name and/or case caption prominently displayed on thefirst page, documents pertaining to an inmate's administrative case, photocopiesof legal reference materials, and legal reference materials which are notavailable in the institution main law library (or basic law library in asatellite camp).
(1) An inmate may solicit or purchase legal materials from outside theinstitution. The inmate may receive the legal materials in accordance with theprovisions on incoming publications or correspondence (see 28 CFR part 540,subparts B and F) or through an authorized attorney visit from a retainedattorney. The legal materials are subject to inspection and may be read orcopied unless they are received through an authorized attorney visit from aretained attorney or are properly sent as special mail (for example, mail from acourt or from an attorney), in which case they may be inspected for contrabandor for the purpose of verifying that the mail qualifies as special mail.
(2) Staff may allow an inmate to possess those legal materials which arenecessary for the inmate's own legal actions. Staff may also allow an inmate topossess the legal materials of another inmate subject to the limitations ofparagraph (f)(2) of this section.
(e) An inmate is responsible for submitting his documents to court.Institution staff who are authorized to administer oaths shall be available toprovide necessary witnessing of these documents, as requested by inmates and attimes scheduled by staff.
(f)(1) Except as provided for in paragraph (f)(4) of this section, an inmatemay assist another inmate in the same institution during his or her leisure time(as defined in paragraph (a) of this section) with legal research and thepreparation of legal documents for submission to a court or other judicial body.
(2) Except as provided for in paragraph (f)(4) of this section, an inmate maypossess another inmate's legal materials while assisting the other inmate in theinstitution's main law library and in another location if the Warden sodesignates.
(i) The assisting inmate may not remove another inmate's legal materials,including copies of the legal materials, from the law library or otherdesignated location. An assisting inmate is permitted to make handwritten notesand to remove those notes from the library or other designated location if thenotes do not contain a case caption or document title or the name(s) of anyinmate(s). The assisting inmate may also develop and possess handwritten draftsof pleadings, so long as the draft pleadings do not contain a case caption ordocument title or the name(s) of any inmate(s). These notes and drafts are notconsidered to be the assisting inmate's legal property, and when the assistinginmate has these documents outside the law library or other designated location,they are subject to the property limitations in § 553.11(a) of thischapter.
(ii) Although the inmate being assisted need not remain present in the lawlibrary or other designated location while the assistance is being rendered,that inmate is responsible for providing and retrieving his or her legalmaterials from the library or other designated location. Ordinarily, the inmatemust provide and retrieve his or her legal materials during his or her leisuretime. An inmate with an imminent court deadline may request a brief absence froma scheduled program or work assignment in order to provide or retrieve legalmaterials from an assisting inmate.
(3) The Warden may give special consideration to the legal needs of inmatesin mental health seclusion status in federal medical centers or to inmates incontrolled housing.
(4) The Warden at any institution may impose limitations on an inmate'sassistance to another inmate in the interest of institution security, goodorder, or discipline.
(g) The institution staff shall, upon an inmate's request and at timesscheduled by staff, duplicate legal documents if the inmate demonstrates thatmore than one copy must be submitted to court and that the duplication cannot beaccomplished by use of carbon paper. The inmate shall bear the cost, and theduplication shall be done so as not to interfere with regular institutionoperations. Staff may waive the cost if the inmate is without funds or if thematerial to be duplicated is minimal, and the inmate's requests for duplicationare not large or excessive.
(h) Unless clearly impractical, the Warden shall allow an inmate preparinglegal documents to use a typewriter, or, if the inmate cannot type, to haveanother inmate type his documents. The Warden may allow the inmate to hire apublic stenographer to type documents outside the institution, but theinstitution may not assume the expense of hiring the public stenographer. Staffshall advise the inmate of any delay in the typing of which they have receivednotice from the stenographer.
(i) The Warden shall give special time allowance for research and preparationof documents to an inmate who demonstrates a requirement to meet an imminentcourt deadline. Otherwise, each inmate shall continue his regular institutionalactivities without undue disruption by legal activities.
(j) With consideration of the needs of other inmates and the availability ofstaff and other resources, the Warden shall provide an inmate confined indisciplinary segregation or administrative
(a) The Warden shall allow an inmate to contact and retain attorneys. Withthe written consent of the inmate, staff may advise an attorney of the inmate'savailable funds. Staff may not interfere with selection and retention ofattorneys if the inmate has attained majority and is mentally competent. If theinmate is a mental incompetent or a minor, the Warden shall refer to theinmate's guardian or to the appropriate court all matters concerning theretention and payment of attorneys.
(b) The Bureau of Prisons may not act as guarantor or collector of fees. Asto correspondence with attorneys and telephone calls to attorneys, see part 540of this chapter.
(a) The Warden shall, under the conditions of this section, permit visits bythe retained, appointed, or prospective attorney of an inmate or by an attorneywho wishes to interview an inmate as a witness.
(b) The Warden generally may not limit the frequency of attorney visits sincethe number of visits necessary is dependent upon the nature and urgency of thelegal problems involved. The Warden shall set the time and place for visits,which ordinarily take place during regular visiting hours. Attorney visits shalltake place in a private conference room, if available, or in a regular visitingroom in an area and at a time designed to allow a degree of privacy. The Wardenmay make exceptions according to local conditions or for an emergency situationdemonstrated by the inmate or visiting attorney.
(c) The attorney shall make an advance appointment for the visit through theWarden prior to each visit; however, the Warden shall make every effort toarrange for a visit when prior notification is not practical.
(d) The Warden may require an attorney to indicate where he is licensed as anattorney and how that fact may be verified. Prior to each appointment or visit,the Warden shall require each attorney to identify himself and to confirm thathe wishes to visit an inmate who has requested his visit or whom he representsor whom he wishes to interview as a witness. The Warden may not ask the attorneyto state the subject matter of the law suit or interview. If there is anyquestion about the identity of the visitor or his qualification as an attorneyin good standing, the Warden shall refer the matter to the Regional Counsel.
(e) Staff may not subject visits between an attorney and an inmate toauditory supervision. The Warden may permit tape recordings to be used by anattorney during the course of a visit only if the attorney states in writing inadvance of the interview that the sole purpose of the recording is to facilitatethe attorney-client or attorney-witness relationship.
(f) The Warden may, at any time, subject an attorney to a search of hisperson and belongings for the purpose of ascertaining if contraband is present,as a condition of visiting an inmate.
(a) An act by an attorney which violates Bureau regulations or institutionguidelines and which threatens the security, good order, or discipline of theinstitution is grounds for limitation or denial by the Warden of the attorney'sprivileged visitation and correspondence rights. Acts by an attorney which maywarrant such limitation or denial include, for example the following:
(1) A false statement as to the attorney's identity or qualifications;
(2) A plan, attempt, or act to introduce contraband into the institution;
(3) A conspiracy to commit, an attempt to commit, or the actual commission ofan act of violence within an institution; and
(4) Encouraging an inmate to violate the law, Bureau of Prisons rules, orlocal implementing guidelines.
(b) Unless the breach of regulations is extreme or repeated, limitationrather than a denial of visitation or correspondence rights is proper,especially where the inmate is represented by the attorney and is confrontedwith a court deadline. For example, the Warden may subject an attorney to asearch of his person and belongings or may permit the attorney only non-privileged correspondence. The Warden shall also consider referral of the matterto the state agency regulating the attorney's professional conduct.
(c) An act by an inmate in violation of Bureau regulations or institutionguidelines warrants a limitation by the Warden of the inmate's correspondence orvisiting rights with attorneys only if necessary to protect institutionsecurity, good order, or discipline. The Warden may not deny correspondence orvisiting rights with attorneys generally.
(d) The attorney may appeal any limitation or denial by the Warden ofattorney visits or correspondence rights to the Regional Director. The inmateaffected may appeal through the Administrative Remedy Procedures.
(a) A legal aid program which is funded or approved by the Bureau is expectedto provide a broad range of legal assistance to inmates. Staff shall allow theseprograms generally to operate with the same independence as privately retainedattorneys. The Warden shall refer a request or decision to terminate or restricta program, or individual participants in a program, to the Regional Counsel.
(b) In order to promote the inmate-program relationship, the Warden shallgive those students or legal assistants working in legal aid programs the samestatus as attorneys with respect to visiting and correspondence except wherespecific exceptions are made in this section and in part 540 of this chapter.
(c) An attorney or law school professor shall supervise students and legalassistants participating in the program. The supervisor shall provide the Wardenwith a signed statement accepting professional responsibility for acts of eachstudent or legal assistant affecting the institution. The Warden may requireeach student or legal assistant to complete and sign a personal historystatement and a pledge to abide by Bureau regulations and institutionguidelines. If necessary to maintain security or good order in the institution,the Warden may prohibit a student or legal assistant from visiting orcorresponding with an inmate.
(a) The Bureau of Prisons recognizes the use of assistants by attorneys toperform legal tasks and, with proper controls and exceptions enumerated in thissection and in part 540 of this chapter, accords such assistants the same statusas attorneys with respect to visiting and correspondence.
(b) The attorney who employs an assistant and who wishes the assistant tovisit or correspond with an inmate on legal matters shall provide the Wardenwith a signed statement including:
(1) Certification of the assistant's ability to perform in this role andawareness of the responsibility of this position;
(2) A pledge to supervise the assistant's activities; and
(3) Acceptance of personal and professional responsibility for all acts ofthe assistant which may affect the institution, its inmates, and staff. TheWarden may require each assistant to fill out and sign a personal historystatement and a pledge to abide by Bureau regulations and institutionguidelines. If necessary to maintain security or good order in the institution,the Warden may prohibit a legal assistant from visiting or corresponding with aninmate.
65 FR 34364, May 26, 2000, unless otherwise noted.
Pursuant to the Federal Tort Claims Act, a claim for money damages forpersonal injury or death and/or damage to or loss of property must be filed
(a)
(b)
(c)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed afterthat date), 5039; 28 U.S.C. 509, 510.
44 FR 38249, June 29, 1979, unless otherwise noted.
68 FR 65171, Nov. 19, 2003, unless otherwise noted.
The Bureau of Prisons offers inmates the opportunity under its postsecondaryeducation program to participate in postsecondary education courses (courses forcollege credit other than those courses which pertain to occupational educationprograms) which have been determined to be appropriate in light of theinstitution's need for discipline, security, and good order. Participation inpostsecondary education courses which are part of occupational educationprograms is governed by the provisions of the Bureau's occupational educationprogram (see subpart F of this part).
(a) The Warden or designee must appoint a postsecondary education coordinator(ordinarily an education staff member) for the institution. The postsecondaryeducation coordinator is responsible for coordinating the institution'spostsecondary education program.
(b) An inmate who wishes to participate in a postsecondary education coursemust apply through the postsecondary education coordinator. If the postsecondaryeducation coordinator determines that the course is appropriate in light of theinstitution's need for discipline, security, and good order, the inmate mayenroll provided that:
(1) The inmate meets eligibility requirements for the course which have beenset by the course provider,
(2) The inmate is responsible for payment of any tuition either throughpersonal funds, community resources, or scholarships available to the inmate,and
(3) The unit team determines that the course is appropriate for the inmate'sapparent needs.
58 FR 65850, Dec. 16, 1993, unless otherwise noted.
The Bureau of Prisons encourages inmates to make constructive use of leisuretime and offers movies, games, sports, social activities, arts and hobbycrafts,wellness and other group and individual activities.
(a)
(b)
(c)
(d)
(e)
The Warden is to ensure, to the extent possible, that leisure activities areprovided to meet social, physical, psychological, and overall wellness needs ofinmates.
(a) Leisure activities are designed to attract inmate participationregardless of ethnic, racial, age, or sex difference, or handicapconsiderations, and to enhance the potential for post-release involvement.
(b) Leisure activities are designed to ensure that an inmate with the needhas the opportunity to complete one or more activities (see 28 CFR 544.81).
If there is a program to show movies, the Supervisor of Education shallensure that X-rated movies are not shown.
Running events will ordinarily not exceed 10 kilometers or 6.2 miles.Appropriate medical staff and fluid supplies (e.g., water) should be availablefor all inmate running events.
(a) An inmate engaged in art or hobbycraft activities may obtain materialsthrough:
(1) The institution art program (if one exists);
(2) The commissary sales unit;
(3) Special purchase commissary orders, if the sales unit is unable to stocka sufficient amount of the needed materials; or
(4) Other sources approved by the Warden.
(b) Each inmate shall identify completed art or hobbycraft products byshowing the inmate's name and register number on the reverse side of the item.
(c) Completed or abandoned art or hobbycraft articles must be disposed of inone of the following ways:
(1) Upon approval of the Warden, by giving the item to an authorized visitor.The quantity of items will be determined by the Warden.
(2) By mailing the item to a verified relative or approved visitor at theinmate's expense.
(3) By selling, through an institution art and hobbycraft sales program, ifone exists, after the institution price committee has determined the sale price.
(4) Other methods established by the Warden.
(d)
(1) The Warden may restrict, for reasons of security and housekeeping, thesize and quantity of all products made in the art and hobbycraft program.Paintings mailed out of the institution must conform to both institutionguidelines and postal regulations. If an inmate's art work or hobbycraft is onpublic display, the Warden may restrict the content of the work in accordancewith community standards of decency.
(2) The Warden may set limits, in compliance with commissary guidelines, onthe amount of money an inmate may spend on art or hobbycraft items or materials.
(3) The Warden may restrict for reasons of security, fire safety, andhousekeeping, the use or possession of art and hobbycraft items or materials.
(4) Appropriate hobbycraft activities shall be encouraged in the inmateliving areas. However, the Warden may limit hobbycraft projects in thecell/living areas to those which can be contained/stored in provided personalproperty containers. Exceptions may be made for such items as a painting wherethe size would prohibit placement in a locker. Hobbycraft items must be removedfrom the living area when completed unless they are approved as personalproperty.
(5) The Warden shall require the inmate to mail completed hobbycraft articlesout of the institution at the inmate's expense, or to give them to an authorizedvisitor within 30 days of completion, or to dispose of them through approvedsales. However, articles offered for sale must be sold within 90 days ofcompletion, or must be given to an authorized visitor or mailed out of theinstitution at the inmate's expense.
(6) Where space and equipment are limited and demand is high, the Warden mayset limits on the amount of time an inmate may use a hobbycraft facility, e.g.,the Warden may limit an inmate's use of any workshop or classroom to six monthsto make room for new students. Hobbycraft participants may be rotated to allowfor maximum utilization of the resources.
(7) Disciplinary action may be taken against inmates found with unauthorizedhobbycraft materials in their possession. This action may include the removal ofthe inmate from the hobbycraft program.
59 FR 14724, Mar. 29, 1994, unless otherwise noted.
Pursuant to the Crime Control Act of 1990 (18 U.S.C. 3624(f)), limitedEnglish proficient inmates confined in Federal Bureau of Prisons institutionsare required to attend an English-as-a-Second Language (ESL) program until theyfunction at the equivalence of the eighth grade level in competency skills.Waivers to this requirement may be granted by the Warden in accordance with§§ 544.41 and 544.42.
(a) All Federal prisoners who have limited English proficiency skills shallattend an ESL program except:
(1) Pretrial inmates;
(2) Inmates committed for purpose of study and observation under theprovisions of 18 U.S.C. 4205(c) or, effective November 1, 1987, 18 U.S.C.3552(b);
(3) Sentenced aliens with a deportation detainer;
(4) Other inmates whom, for documented good cause, the Warden may excuse fromattending the ESL program.
(b) Staff shall document in the inmate's education file the specific reasonsfor not requiring the inmate to participate in the ESL program.
(a) The Warden at each federal institution shall ensure that inmates who attheir initial classification are found to be limited English proficient areenrolled in the ESL program. Determination of limited English proficiency ismade by staff on the basis of personal interviews and placement testing.
(b) An inmate who returns to the Federal Bureau of Prisons on a new sentenceor as a parole violator, and who has not achieved or is unable to demonstrateverified achievement of the eighth grade level, must provide verification orenroll in the ESL program until that inmate achieves such a grade or is granteda waiver for cause.
(c) The Warden or designee shall assign to an education staff member theresponsibility to coordinate the institution's ESL program. The ESL coordinatoror designee shall meet with the inmate for the purpose of enrolling the inmatein the ESL program. The ESL coordinator shall be responsible for the completionof the official ESL Program Record, and shall place it in the inmate's educationfile.
(d) Ordinarily, there will be no time limit for completion of the ESLmandatory program. However, after 240 instructional hours of continuousenrollment in an ESL program, excluding sick time, furloughs, and other excusedabsences from scheduled classes, the Warden shall have the authority to grant awaiver from further program participation. This waiver may be granted when it isdetermined that the inmate will not benefit from further instruction. Eachexemption determination shall be made on an individual basis and shall besupported by documentation.
The Warden or designee shall establish a system of incentives to encourage aninmate to meet the mandatory ESL program requirements.
As with any other mandatory programs, such as work assignments, staff maytake disciplinary action against an inmate when that inmate refuses to enrolland participate in, or to meet the minimum requirements of the mandatory ESLprogram.
68 FR 65170, Nov. 19, 2003, unless otherwise noted.
The Bureau of Prisons offers eligible inmates the opportunity under itsoccupational education programs to participate in occupational education
(a)
(b)
(2) Inmates under orders of deportation, exclusion, or removal who theAttorney General has determined cannot be removed from the United States becausethe designated country of removal will not accept the inmate's return areexempted from the limitation in paragraph (b)(1) of this section, and mayparticipate in an institution's occupational education in the same manner asother eligible inmates.
Occupational education programs are offered at the certificate level and theclassroom level. Each level may include the following types of training:
(a)
(b)
(c)
62 FR 50793, Sept. 26, 1997, unless otherwise noted.
Except as provided for in § 544.71, an inmate confined in afederal institution who does not have a verified General Educational Development(GED) credential or high school diploma is required to attend an adult literacyprogram for a minimum of 240 instructional hours or until a GED is achieved,whichever occurs first.
(a) The following inmates are not required to attend the literacy program:
(1) Pretrial inmates;
(2) Inmates committed for purpose of study and observation under theprovisions of 18 U.S.C. 4205(c), 4241(d), or, effective November 1, 1987, 18U.S.C. 3552(b);
(3) Sentenced deportable aliens;
(4) Inmates determined by staff to be temporarily unable to participate inthe literacy program due to special circumstances beyond their control (e.g.,due to a medical condition, transfer on writ, on a waiting list for initialplacement). Such inmates, however, shall be required to participate when thespecial circumstances are no longer applicable.
(b) Inmates who have been determined (on the basis of formal diagnosticassessment) to have a documented emotional, mental, or physical individualimpediment to learning shall not be required to complete the literacy programbeyond those achievement levels indicated as realistic by the formal diagnosticassessment.
(c) Staff shall document in the inmate's education file the specific reasonsfor not requiring the inmate to
The Warden shall establish a system of incentives to encourage an inmate toobtain a GED credential.
(a) The Warden or designee shall assign to an education staff member theresponsibility to coordinate the institution's literacy program. Initially,staff shall meet with the inmate for the purpose of enrolling the inmate in theliteracy program. Subsequently, staff shall formally interview each inmateinvolved in the literacy program when necessary for the purpose of determining aprogress assignment. Staff shall place documentation of these interviews in theinmate's education file.
(b)(1) For the purposes of 18 U.S.C. 3624, an inmate subject to the ViolentCrime Control and Law Enforcement Act of 1994 (VCCLEA) or the Prison LitigationReform Act of 1995 (PLRA) shall be deemed to be making satisfactory progresstoward earning a GED credential or high school diploma unless and until theinmate receives a progress assignment confirming that:
(i) The inmate refuses to enroll in the literacy program;
(ii) The inmate has been found to have committed a prohibited act thatoccurred in a literacy program during the last 240 instructional hours of theinmate's most recent enrollment in the literacy program; or
(iii) The inmate has withdrawn from the literacy program.
(2) When an inmate subject to VCCLEA or PLRA receives a progress assignmentindicating that the inmate is not making satisfactory progress, the assignmentshall be changed to indicate satisfactory progress only after the inmate iscurrently and continuously enrolled in a literacy program for a minimum of 240instructional hours. Any further withdrawal or finding that the inmate hascommitted a prohibited act in a literacy program during the last 240instructional hours of the inmate's most recent enrollment in the literacyprogram shall result in a progress assignment indicating that the inmate isagain not making satisfactory progress (see paragraphs (b)(1)(ii) and (iii) ofthis section).
(c) At the end of 240 instructional hours, excluding sick time, furloughs, orother absences from scheduled classes, the unit team during scheduled programreview sessions shall meet with the inmate to encourage continued participationin the literacy program until the inmate earns a GED credential or high schooldiploma. At these meetings, the inmate may elect not to continue in the literacyprogram, and no disciplinary action will be taken. The inmate may notdiscontinue this program when participation is mandated by statute.
These limitations on work assignment appointment and promotion apply to allinmates, including those exempted from required participation in the literacyprogram by § 544.71.
(a)
(2) An inmate ordinarily must show prior attainment of a GED credential orhigh school diploma in order to be considered for a commissary work assignmentabove minimum pay level, an institution work assignment above grade 4compensation, or an industrial work assignment above grade four or in a non-graded incentive pay position.
(3) If labor force needs require, an inmate who does not meet the literacyrequirement may be assigned to an industrial non-graded incentive pay positionif the inmate is simultaneously enrolled in a literacy or related program.Withdrawal from the literacy program shall result in termination of theassignment. Local Federal Prison Industry (FPI) management may elect to retainthe reassigned inmate in an hourly rated grade 4 position.
(b)
(c)
As with other mandatory programs, such as work assignments, staff may takedisciplinary action against an inmate lacking a GED credential or high schooldiploma if that inmate refuses to enroll in, and to complete, the mandatory 240instructional hours of the literacy program.
58 FR 65852, Dec. 16, 1993, unless otherwise noted.
In consideration of inmate education, occupation, and leisure-time needs, theBureau of Prisons affords inmates the opportunity to improve their knowledge andskills through academic, occupation and leisure-time activities. Allinstitutions, except satellite camps, detention centers and metropolitancorrectional centers, shall operate a full range of activities as outlined inthis rule.
The Warden shall ensure that an inmate with the need, capacity, andsufficient time to serve, has the opportunity to:
(a) Complete an Adult Literacy program leading to a General EducationalDevelopment (GED) certificate and/or high school diploma;
(b) Complete one or more levels of English-as-a-Second Language;
(c) Acquire or improve marketable skill through one or more programs ofOccupation Education (OE);
(d) Complete one or more Postsecondary Education activities;
(e) Complete one or more Adult Continuing Education activities;
(f) Participate in one or more leisure, fitness, wellness or sportactivities;
(g) Participate in a Release Preparation program; and
(h) Participate in Career Counseling. Staff shall encourage each inmate toaccept the responsibility to identify any specific education needs, set personalgoals, and select activities, programs and/or work experiences which will helpto reach those goals.
(a) The Supervisor of Education shall assure that the following minimumcriteria are met for the institution's education program set forth in§ 544.81.
(1) There is a written curriculum which establishes measurable behavioralobjectives and procedures.
(2) There are clear criteria which establish minimum expectations for programcompletion, as well as provisions for the assessment of student progress.
(3) There are provisions for periodic review of the relevancy andeffectiveness of the program.
(4) Unless unusual circumstances (e.g., college credit courses) exist, allprograms should allow for open entry and exit, at least on a monthly basis.
(5) The Supervisor of Education may establish other requirements necessary toassure that the stated goals of the program are achieved.
(b) Upon an inmate's completion of a program specified in§ 544.81, staff may issue and/or review and file a certificate whenit contributes to an inmate's future plans in such a way that it validates theinmate's education and training; supports the inmate's chances of securingemployment; improves the inmate's acceptance for advanced education; or enhancesthe inmate's opportunity for success in any other activity
(1) Accredited certificates—high school diplomas and occupationtraining certificates approved or issued through local school districts, statedepartments of education, or other recognized accrediting educationalorganizations;
(2) Postsecondary certificates and transcripts—postsecondary degrees orcourse certificates approved or issued through a sponsoring accreditededucational institution;
(3) General Educational Development tests—programs sponsored by theAmerican Council on Education;
(4) Private certificates—outside agencies, private business andindustry, other than those stated in paragraph (b)(1) of this section;
(5) Institutional certificates—approved general education, occupationtraining, recreation, adult continuing education and social educationcertificates, issued to an inmate who completes a program, and when theinstitution cannot provide a certificate as provided in paragraphs (b) (1) and(4) of this section; or
(6) Transcripts—issued to an inmate who completes general educationprograms, formal occupation training, on-the-job and apprentice training andwork assignments. With the inmate's consent, transcripts may be sent to schoolsand colleges, business, industries and other agencies.
Institutions may establish an inmate tutor/aide program. Guidelines shall bedeveloped regarding the training and supervision of inmate tutors/aides wheresuch programs are available.
The Bureau of Prisons provides inmates within each of its institutions withlibrary services necessary for educational, cultural, and leisure activity. TheWarden shall ensure that the inmate library has a wide variety of readingmaterials. Library services shall ordinarily be available to all inmates daily,including evenings and weekends, except in detention facilities where serviceshall be scheduled as frequently as possible to ensure reasonable access.
(a) The Warden shall assign a staff member (ordinarily the Supervisor ofEducation) responsibility for the inmate library.
(b) The inmate library shall offer an inmate a variety of reading materials,including, but not limited to, periodicals, newspapers, fiction, non-fiction,and reference books.
(c) Where the population of an institution includes inmates of foreignorigin, staff shall attempt to provide reading materials in the inmates'language.
(d) Inmate library services shall be made available to inmates in specialhousing units.
(e) The Warden or designee may authorize the use of inmates as libraryassistants.
5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622,3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed onor after November 1, 1987), 4126, 5006-5024 (Repealed October 12, 1984 asto offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR0.95-0.99.
56 FR 23477, May 21, 1991, unless otherwise noted.
The Bureau of Prisons encourages each sentenced inmate to meet his or herlegitimate financial obligations. As part of the initial classification process,staff will assist the inmate in developing a financial plan for meeting thoseobligations, and at subsequent program reviews, staff shall consider theinmate's efforts to fulfill those obligations as indicative of that individual'sacceptance and demonstrated level of responsibility. The provisions of this ruleapply to all inmates in federal facilities, except: Study and observation cases,pretrial detainees, and inmates in holdover status pending designation.
When an inmate has a financial obligation, unit staff shall help that inmatedevelop a financial plan and shall monitor the inmate's progress in meeting thatobligation.
(a)
(1) Special Assessments imposed under 18 U.S.C. 3013;
(2) Court-ordered restitution;
(3) Fines and court costs;
(4) State or local court obligations; and
(5) Other federal government obligations.
(b)
(1) Ordinarily, the minimum payment for non-UNICOR and UNICOR grade 5 inmateswill be $25.00 per quarter. This minimum payment may exceed $25.00, taking intoconsideration the inmate's specific obligations, institution resources, andcommunity resources.
(2) Inmates assigned grades 1 through 4 in UNICOR ordinarily will be expectedto allot not less than 50% of their monthly pay to the payment process. Anyallotment which is less than the 50% minimum must be approved by the UnitManager. Allotments may also exceed the 50% minimum after considering theindividual's specific obligations and resources.
(c)
(d)
(1) Where applicable, the Parole Commission will be notified of the inmate'sfailure to participate;
(2) The inmate will not receive any furlough (other than possibly anemergency or medical furlough);
(3) The inmate will not receive performance pay above the maintenance paylevel, or bonus pay, or vacation pay;
(4) The inmate will not be assigned to any work detail outside the secureperimeter of the facility;
(5) The inmate will not be placed in UNICOR. Any inmate assigned to UNICORwho fails to make adequate progress on his/her financial plan will be removedfrom UNICOR, and once removed, may not be placed on a UNICOR waiting list forsix months. Any exceptions to this require approval of the Warden;
(6) The inmate shall be subject to a monthly commissary spending limitationmore stringent than the monthly commissary spending limitation set for allinmates. This more stringent commissary spending limitation for IFRP refuseesshall be at least $25 per month, excluding purchases of stamps, telephonecredits, and, if the inmate is a common fare participant, Kosher/Halal certifiedshelf-stable entrees to the extent that such purchases are allowable underpertinent Bureau regulations;
(7) The inmate will be quartered in the lowest housing status (dormitory,double bunking, etc.);
(8) The inmate will not be placed in a community-based program;
(9) The inmate will not receive a release gratuity unless approved by theWarden;
(10) [Reserved]
(11) The inmate will not receive an incentive for participation inresidential drug treatment programs.
49 FR 38915, Oct. 1, 1984, unless otherwise noted.
(a) The Bureau of Prisons operates an inmate work program within itsinstitutions. To the extent practicable, the work program:
(1) Reduces inmate idleness, while allowing the inmate to improve and/ordevelop useful job skills, work habits, and experiences that will assist inpost-release employment; and
(2) Ensures that activities necessary to maintain the day-to-day operation ofthe institution are completed. Sentenced inmates who are physically and mentallyable to work are required to participate in the work program. When approved bythe Warden or designee, drug treatment programming, education, or vocationaltraining may be substituted for all or part of the work program.
(b) The Warden may recognize an inmate's work performance or productiveparticipation in specified correctional programs by granting performance pay.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(a) The Warden at each Bureau of Prisons institution is to establish anInstitution Inmate Work and Performance Pay Committee to administer theinstitution's work and performance pay program. The Committee is to be comprisedof an Associate Warden, the Inmate Performance Pay Coordinator, and any othermember(s) the Warden considers appropriate.
(b) The Committee is responsible for approving the following aspects of theinstitution's inmate work and performance pay program:
(1) Number of inmates on each work detail;
(2) Number of pay grades in each detail;
(3) Job descriptions;
(4) Performance standards;
(5) Budgeting for special act awards; and
(6) Bonus pay/special bonus pay procedures.
(a) Each sentenced inmate who is physically and mentally able is to beassigned to an institutional, industrial, or commissary work program. Exceptionshall be made to allow for inmate participation in an education, vocational, ordrug abuse treatment program, on either a full or part-time basis, where thisinvolvement is mandated by Bureau policy or statute (for example, the LiteracyProgram). Where such participation is not required by either policy or statute,exception may be made to allow an inmate to participate in an education,vocational, or drug abuse treatment program rather than work full-time upon therequest of the inmate and approval of the Warden or designee.
(b) A pretrial inmate may not be required to work in any assignment or areaother than housekeeping tasks in the inmate's own cell and in the communityliving area, unless the pretrial inmate has signed a waiver of his or her rightnot to work (see 28 CFR part 551, subpart J).
(c) Medically unassigned inmates may be required, to the extent medicallypossible, to perform housekeeping tasks in the inmate's own cell and in thecommunity living area.
(d) In making the work and/or program assignment(s), staff shall consider theinmate's capacity to learn, interests, requests, needs, and eligibility, and theavailability of the assignment(s). An inmate's assignment shall be made withconsideration of the institution's security and operational needs, and should beconsistent with the safekeeping of the inmate and protection of the public.
(a) The scheduled work day for an inmate in a federal institution ordinarilyconsists of a minimum of seven hours.
(b) An inmate is expected to report to the place of assignment at therequired time. An inmate may not leave an assignment without permission.
(c) An inmate, regardless of assignment, is expected to perform all assignedtasks diligently and conscientiously. Disciplinary action may be taken againstan inmate who refuses to work, who otherwise evades attendance and performancestandards in assigned activities, or who encourages others to do so.
(d) Work, vocational, and education programs are to meet the appropriateminimum standards for health and safety. Safety equipment is to be availablewhere needed.
(e) An inmate is expected to perform the work assignment in a safe manner,using safety equipment as instructed by the work supervisor. In the event of anywork related injury, the inmate shall notify the work supervisor so thatappropriate action (for example,
(a) An inmate may receive performance pay for accomplishments in one or moreof the following areas:
(1) Institution work assignment;
(2) Literacy program (GED) participation;
(3) Apprenticeship training; and
(4) Vocational training courses (approved by the Bureau of Prisons ascertified vocational training instruction).
(b) An inmate is eligible for performance pay from the date of work orprogram assignment. An inmate is eligible to receive performance pay for eachmonth that the inmate's performance justifies such payment.
(c) An inmate who refuses to participate in the financial responsibilityprogram shall not ordinarily receive performance pay above the maintenance paylevel, or bonus pay, or vacation pay in accordance with 28 CFR part 545, subpartB.
(d) An inmate who refuses participation, withdraws, is expelled, or otherwisefails attendance or examination requirements of the drug abuse education courseshall be held at the lowest pay grade (Grade 4).
(a) The Warden shall ensure that all institution work assignments havestandardized work descriptions. Each inmate work position is assigned one offour pay grade levels. Factors to consider in assigning a grade level to thespecific work position include the position's educational and vocationalrequirements, physical demands, working conditions (exposed to dusts, odors,etc.), and the degree of responsibility held by the inmate worker. The inmateassigned to a specific work position shall sign, and, if requested, receive acopy of, that position description.
(b) In recognition of budgetary constraints and for the effective managementof the overall performance pay program, the percentage of inmates assigned toeach grade level is approximately as follows (Grade 1 is highest pay):
Grade 1—5% of the institution's allotted inmate workassignments;
Grade 2—15% of the institution's allotted inmate work assignments;
Grade 3—25% of the institution's allotted inmate work assignments;
Grade 4—55% of the institution's allotted inmate workassignments.
(c) An inmate may receive performance pay only for that portion of the monththat the inmate was working. Performance pay may not be awarded retroactively.
(d) An inmate is eligible to receive performance pay only for those hoursduring which the inmate is actually performing satisfactory work or activelyparticipating in an education or vocational training program. Absences from aninmate's scheduled assignment for such reasons as call-outs, visits, sick call,interviews, or making telephone calls shall be deducted from the monthly numberof hours worked and will accordingly reduce the amount of pay received by theinmate. Any exception to such reduction in pay must be approved by the AssistantDirector, Correctional Programs Division, Central Office.
(e)
(2) An inmate shall receive performance pay only for those hours during whichthe inmate is actively participating in a work assignment or aneducation/vocational program.
(3) The work detail/program supervisor shall rate the inmate's performance ineach of several categories on a monthly basis when the inmate's work performanceis average or below average or on a quarterly basis when the inmate's workperformance is above average. For example, an inmate may be rated in suchcategories as quality of work, quantity of work, initiative, ability to learn,dependability, response to supervision and instruction, safety and care ofequipment, ability to
(f)
(g)
(h) An inmate's performance pay, once earned, becomes vested.
(i) Each inmate in performance pay status shall be notified of monthlyearnings.
(a) An inmate who has worked full-time for 12 consecutive months on aninstitution work assignment is eligible to take a five-day paid vacation at theinmate's prevailing hourly rate. A recommendation for an inmate to receivevacation credit is made by the inmate's work supervisor, through the DepartmentHead, to the Unit Team, who shall approve the request if the inmate's workperformance qualifies for vacation credit.
(b) Staff shall schedule an inmate's vacation so it is compatable with shopproduction and administrative support requirements.
(c) The Warden or designee may authorize an inmate to accumulate vacationcredit when:
(1) The inmate is transferred to another institution for the benefit of thegovernment or because of the inmate's favorable adjustment (custody reduction);or
(2) The inmate is placed in a new work assignment in the institution for thebenefit of the government or institution, rather than solely at the inmate'srequest or because of the inmate's poor performance or adverse behavior.
(a) With prior approval of the Education Department, each inmate whocompletes the Literacy program, Vocational Training, or related trades classroomwork that is part of a certified apprenticeship program may be granted anachievement award from performance pay funds.
(b) With prior approval of the Psychology Services Department, each inmatewho is making satisfactory progress or completes a residential drug treatmentprogram may also be granted an achievement award from performance pay funds.
(a) Inmates who perform exceptional services not ordinarily a part of theinmate's regular assignment may be granted a special award regardless of theinmate's work or program status. Examples of actions which may result in theinmate being considered for a special award are the following:
(1) An act of heroism.
(2) Voluntary acceptance and satisfactory performance of an unusuallyhazardous assignment.
(3) An act which protects the lives of employees or inmates, or the propertyof the United States. (This does not apply to informants.)
(4) Suggestions which result in substantial improvements or cost-savings ininstitutional programs or operations.
(5) Other exceptionally meritorious or outstanding services consistent withthe general character of the preceding cases.
(b) The special award may be given in the form of a monetary payment inaddition to any other award (e.g., extra good time) given.
(c) The Warden of each institution is empowered to approve special awards notexceeding $150. Awards in excess of this amount may not be made unless approvedby the Regional Director.
Funds due a deceased inmate for work performed and not yet paid shall be madeto a legal representative of the inmate's estate or in accordance with the lawsof descent and distribution of the state of the inmate's domicile.
The Warden shall ensure that staff receive training on their roles in, and onthe operation of, the work and performance pay program. The Warden shall alsoensure that the inmate population is informed of the work and performance payprogram, and of the hourly rates paid to inmate workers.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984, as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 5015, 5039; 28U.S.C. 509, 510; 28 CFR 0.95-0.99.
The Bureau of Prisons is responsible for procuring and preparing any food orfood ingredients to be served to the institution's inmate population. Except asallowed for in paragraphs (a) through (c) of this section, the Bureau requiresthat special food or meals prepared for and/or served to any group(s) of inmatesalso be served to the institution's entire inmate population. Special food ormeals, as identified in paragraphs (a) through (c) of this section, may beprepared and/or served to a specific group of inmates rather than to the entireinmate population of the institution.
(a) Food items sold in the institution's commissary.
(b) Religious dietary practices as authorized in accordance with 28 CFR548.20.
(c) Medical diet foods.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November
44 FR 38251, June 29, 1979, unless otherwise noted.
5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082,5006-5024, 5039; 28 U.S.C. 509, 510; 42 U.S.C. 1996; 28 CFR0.95-0.99.
60 FR 46486, Sept. 6, 1995, unless otherwise noted.
(a) The Bureau of Prisons provides inmates of all faith groups withreasonable and equitable opportunities to pursue religious beliefs andpractices, within the constraints of budgetary limitations and consistent withthe security and orderly running of the institution and the Bureau of Prisons.
(b) When considered necessary for the security or good order of theinstitution, the Warden may limit attendance at or discontinue a religiousactivity. Opportunities for religious activities are open to the entire inmatepopulation, without regard to race, color, nationality, or ordinarily, creed.The Warden, after consulting with the institution chaplain, may limitparticipation in a particular religious activity or practice to the members ofthat religious group. Ordinarily, when the nature of the activity or practice(e.g., religious fasts, wearing of headwear, work proscription, ceremonialmeals) indicates a need for such a limitation, only those inmates whose filesreflect the pertinent religious preference will be included.
(c) The Bureau of Prisons does not require an inmate to profess a religiousbelief. An inmate may designate any or no religious preference at his/herinitial team screening. By notifying the chaplain in writing, an inmate mayrequest to change this designation at any time, and the change will be effectedin a timely fashion.
For purposes of this subpart, the term “religious activity”includes religious diets, services, ceremonies, and meetings.
Institution chaplains are responsible for managing religious activitieswithin the institution. Institution chaplains are available upon request toprovide pastoral care and counseling to inmates through group programs andindividual services. Pastoral care and counseling from representatives in thecommunity are available in accordance with the provisions of§§ 548.14 and 548.19. The chaplain may ask the requesting inmateto provide information regarding specific requested religious activities for thepurpose of making an informed decision regarding the request.
(a) Under the general supervision of the Warden, chaplains shall schedule anddirect the institution's religious activities.
(b) The Warden may relieve an inmate from an institution program orassignment if a religious activity is also scheduled at that time.
(c) Institutions shall have space designated for the conduct of religiousactivities.
(a) The institution's chaplain may contract with representatives of faithgroups in the community to provide specific religious services which thechaplain cannot personally deliver due to, ordinarily, religious prescriptionsor ecclesiastical constraints to which the chaplain adheres.
(b) The institution's chaplain may secure the services of volunteers toassist inmates in observing their religious beliefs.
(c) The Warden or the Warden's designee (ordinarily the chaplain) may requirea recognized representative of the faith group to verify a volunteer's orcontractor's religious credentials prior
No one may disparage the religious beliefs of an inmate, nor coerce or harassan inmate to change religious affiliation. Attendance at all religiousactivities is voluntary and, unless otherwise specifically determined by theWarden, open to all.
(a) Inmate religious property includes but is not limited to rosaries andprayer beads, oils, prayer rugs, phylacteries, medicine pouches, and religiousmedallions. Such items, which become part of an inmate's personal property, aresubject to normal considerations of safety and security. If necessary, theirreligious significance shall be verified by the chaplain prior to the Warden'sapproval.
(b) An inmate ordinarily shall be allowed to wear or use personal religiousitems during religious services, ceremonies, and meetings in the chapel, unlessthe Warden determines that the wearing or use of such items would threateninstitution security, safety, or good order. Upon request of the inmate, theWarden may allow the wearing or use of certain religious items throughout theinstitution, consistent with considerations of security, safety, or good order.The Warden may request the chaplain to obtain direction from representatives ofthe inmate's faith group or other appropriate sources concerning the religioussignificance of the items.
(c) An inmate who wishes to have religious books, magazines or periodicalsmust comply with the general rules of the institution regarding ordering,purchasing, retaining, and accumulating personal property. Religious literatureis permitted in accordance with the procedures governing incoming publications.Distribution to inmates of religious literature purchased by or donated to theBureau of Prisons is contingent upon the chaplain's granting his or herapproval.
When the religious tenets of an inmate's faith are violated or jeopardized bya particular work assignment, a different work assignment ordinarily shall bemade after it is requested in writing by the inmate, and the specific religioustenets have been verified by the chaplain. Maintaining security, safety, andgood order in the institution are grounds for denial of such request for adifferent work assignment.
Consistent with maintaining security, safety, and good order in theinstitution, the Warden shall endeavor to facilitate the observance of importantreligious holy days which involve special fasts, dietary regulations, worship,or work proscription. The inmate must submit a written request to the chaplainfor time off from work to observe a religious holy day. The Warden may requestthe chaplain to consult with community representatives of the inmate's faithgroup and/or other appropriate sources to verify the religious significance ofthe requested observance. The chaplain will work with requesting inmates toaccommodate a proper observance of the holy day. The Warden will ordinarilyallow an inmate to take earned vacation days, or to make up for missed work, orto change work assignments in order to facilitate the observance of thereligious holy day.
If requested by an inmate, the chaplain shall facilitate arrangements forpastoral visits by a clergyperson or representative of the inmate's faith.
(a) The chaplain may request an NCIC check and documentation of suchclergyperson's or faith group representative's credentials.
(b) Pastoral visits may not be counted as social visits. They will ordinarilytake place in the visiting room during regular visiting hours.
(a) The Bureau provides inmates requesting a religious diet reasonable andequitable opportunity to observe their religious dietary practice within
(b) An inmate who has been approved for a religious diet menu must notify thechaplain in writing if the inmate wishes to withdraw from the religious diet.Approval for an inmate's religious diet may be withdrawn by the chaplain if theinmate is documented as being in violation of the terms of the religious dietprogram to which the inmate has agreed in writing. In order to preserve theintegrity and orderly operation of the religious diet program and to preventfraud, inmates who withdraw (or are removed) may not be immediatelyreestablished back into the program. The process of reapproving a religious dietfor an inmate who voluntarily withdraws or who is removed ordinarily may extendup to thirty days. Repeated withdrawals (voluntary or otherwise), however, mayresult in inmates being subjected to a waiting period of up to one year.
(c) The chaplain may arrange for inmate religious groups to have oneappropriate ceremonial or commemorative meal each year for their members asidentified by the religious preference reflected in the inmate's file. An inmatemay attend one religious ceremonial meal in a calendar year.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005,4014, 4042, 4045, 4081, 4082, (Repealed in part as to offenses committed on orafter November 1, 1987), 4241-4247, 5006-5024 (Repealed October 12,1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.
70 FR 29193, May 20, 2005, unless otherwise noted.
The Bureau will manage infectious diseases in the confined environment of acorrectional setting through a comprehensive approach which includes
Each institution's Health Services Administrator (HSA) and Clinical Director(CD) are responsible for the operation of the institution's infectious diseaseprogram in accordance with applicable laws and regulations.
(a)
(2)
(3)
(4)
(5)
(b)
(2) The Bureau conducts screening for each inmate annually as medicallyindicated.
(3) The Bureau will screen an inmate for TB when health services staffdetermine that the inmate may be at risk for infection.
(4) An inmate who refuses TB screening may be subject to an incident reportfor refusing to obey an order. If an inmate refuses skin testing, and there isno contraindication to tuberculin skin testing, then, institution medical staffwill test the inmate involuntarily.
(5) The Bureau conducts TB contact investigations following any incident inwhich inmates or staff may have been exposed to tuberculosis. Inmates will betested according to paragraph (b)(4) of this section.
(c)
(a) The CD will assess any inmate with an infectious disease forappropriateness for programming, duty, and housing. Inmates with infectiousdiseases that are transmitted through casual contact will be prohibited fromwork assignments in any area, until fully evaluated by a health care provider.
(b) Inmates may be limited in programming, duty, and housing when theirinfectious disease is transmitted through casual contact. The Warden, inconsultation with the CD, may exclude inmates, on a case-by-case basis, fromwork assignments based upon the security and good order of the institution.
(c) If an inmate tests positive for an infectious disease, that test alonedoes not constitute sole grounds for disciplinary action. Disciplinary actionmay be considered when coupled with a secondary action that could lead totransmission of an infectious agent. Inmates testing positive for infectiousdisease are subject to the same disciplinary policy that applies to all inmates(
Any disclosure of test results or medical information is made in accordancewith:
(a) The Privacy Act of 1974, under which the Bureau publishes routine uses ofsuch information in the Department of Justice Privacy Act System of RecordsNotice entitled “Inmate Physical and Mental Health Record System,JUSTICE/BOP-007”; and
(b) The Correction Officers Health and Safety Act of 1998 (codified at 18U.S.C. 4014), which provides that test results must be communicated to a personrequesting the test, the person tested, and, if the results of the test indicatethe presence of HIV, to correctional facility personnel consistent with Bureaupolicy.
(a) The HSA will ensure that a qualified health care professional providestraining, incorporating a question-and-answer session, about infectious diseasesto all newly committed inmates, during Admission and Orientation.
(b) Inmates in work assignments which staff determine to present thepotential for occupational exposure to blood or infectious body fluids willreceive annual training on prevention of work-related exposures and will beoffered vaccination for Hepatitis B.
68 FR 47849, Aug. 12, 2003, unless otherwise noted.
This subpart establishes procedures governing inmate access to Over-The-Counter (OTC) medications for all inmates except those in inpatient status atFederal Medical Centers. Inmates may buy OTC medications which are available atthe commissary. Inmates may also obtain OTC medications at sick call if theinmate does not already have the OTC medication and:
(a) Health services staff determine that the inmate has an immediate medicalneed which must be addressed before his or her regularly scheduled commissaryvisit; or
(b) The inmate is without funds.
(a) The Warden must establish procedures to provide up to two OTC medicationsper week for an inmate without funds. An inmate without funds is an inmate whohas not had a trust fund account balance of $6.00 for the past 30 days.
(b) An inmate without funds may obtain additional OTC medications at sickcall if health services staff determine that he/she has an immediate medicalneed which must be addressed before the inmate may again apply for OTCmedications under this section.
(c) To prevent abuses of this section (
57 FR 53820, Nov. 12, 1992, unless otherwise noted.
Psychotropic medication is to be used only for a diagnosable psychiatricdisorder or symptomatic behavior for which such medication is acceptedtreatment.
(a) A sentenced inmate may be voluntarily admitted for psychiatric treatmentand medication when, in the professional judgment of qualified health personnel,such inmate would benefit from such treatment and demonstrates the ability togive informed consent to such admission. The assessment of the
(b) If an inmate is to receive psychotropic medications voluntarily, his orher informed consent must be obtained, and his or her ability to give suchconsent must be documented in the medical record by qualified health personnel.
A court determination is necessary for involuntary hospitalization forpsychiatric treatment. A sentenced inmate, not currently committed forpsychiatric treatment, who is not able or willing to voluntarily consent eitherto psychiatric admission or to medication, is subject to judicial involuntarycommitment procedures. Even after an inmate is involuntarily committed, staffshall follow the administrative due process procedures specified in§ 549.43 of this subpart.
Title 18 U.S.C. 4241-4247 and federal court decisions require thatcertain procedures be followed prior to the involuntary administration ofpsychiatric treatment and medication to persons in the custody of the AttorneyGeneral. Court commitment for hospitalization provides the judicial due processhearing, and no further judicial authorization is needed for the admissiondecision. However, in order to administer treatment or psychotropic medicationon an involuntary basis, further administrative due process procedures, asspecified in this section, must be provided to the inmate. Except as providedfor in paragraph (b) of this section, the procedures outlined herein must befollowed after a person is committed for hospitalization and prior toadministering involuntary treatment, including medication.
(a)
(1) Staff shall provide 24-hour advance written notice of the date, time,place, and purpose of the hearing, including the reasons for the medicationproposal.
(2) Staff shall inform the inmate of the right to appear at the hearing, topresent evidence, to have a staff representative, to request witnesses, and torequest that witnesses be questioned by the staff representative or by theperson conducting the hearing. If the inmate does not request a staffrepresentative, or requests a staff representative with insufficient experienceor education, the institution mental health division administrator shall appointa staff representative. Witnesses should be called if they have informationrelevant to the inmate's mental condition and/or need for medication, and ifthey are reasonably available. Witnesses who only have repetitive informationneed not be called.
(3) The hearing is to be conducted by a psychiatrist who is not currentlyinvolved in the diagnosis or treatment of the inmate.
(4) The treating/evaluating psychiatrist/clinician must be present at thehearing and must present clinical data and background information relative tothe need for medication. Members of the treating/evaluating team may also attendthe hearing.
(5) The psychiatrist conducting the hearing shall determine whether treatmentor psychotropic medication is necessary in order to attempt to make the inmatecompetent for trial or is necessary because the inmate is dangerous to self orothers, is gravely disabled, or is unable to function in the open population ofa mental health referral center or a regular prison. The psychiatrist shallprepare a written report regarding the decision.
(6) The inmate shall be given a copy of the report and shall be advised thathe or she may submit an appeal to the institution mental health divisionadministrator regarding the decision within 24 hours of the decision and that
(7) If the inmate appeals, absent a psychiatric emergency, medication willnot be administered before the administrator's decision. The inmate's appeal,which may be handwritten, must be filed within 24 hours of the inmate's receiptof the decision.
(8) A psychiatrist, other than the attending psychiatrist, shall providefollow-up monitoring of the patient's treatment or medication at least onceevery 30 days after the hearing. The follow-up shall be documented in themedical record.
(b)
(c)
61 FR 13322, Mar. 26, 1996, unless otherwise noted.
The Bureau of Prisons does not ordinarily perform plastic surgery on inmatesto correct preexisting disfigurements (including tattoos) on any part of thebody. In circumstances where plastic surgery is a component of a presentlymedically necessary standard of treatment (for example, part of the treatmentfor facial lacerations or for mastectomies due to cancer) or it is necessary forthe good order and security of the institution, the necessary surgery may beperformed.
The Clinical Director shall consider individually any request from an inmateor a BOP medical consultant.
(a) In circumstances where plastic surgery is a component of the presentlymedically necessary standard of treatment, the Clinical Director shall forwardthe surgery request to the Office of Medical Designations and Transportation forapproval.
(b) If the Clinical Director recommends plastic surgery for the good orderand security of the institution, the request for plastic surgery authorizationwill be forwarded to the Warden for initial approval. The Warden will forwardthe request through the Regional Director to the Medical Director. The MedicalDirector shall have the final authority to approve or deny this type of plasticsurgery request.
(c) If the Clinical Director is unable to determine whether the plasticsurgery qualifies as a component of presently medically necessary standard oftreatment, the Clinical Director may forward the request to the Medical Directorfor a final determination in accordance with the provisions of paragraph (b) ofthis section.
Approved plastic surgery procedures may not be performed without the informedconsent of the inmate involved.
45 FR 23365, Apr. 4, 1980, unless otherwise noted.
The Bureau of Prisons provides guidelines for the medical and administrativemanagement of inmates who engage in hunger strikes. It is the responsibility ofthe Bureau of Prisons to monitor the health and welfare of individual inmates,and to ensure that procedures are pursued to preserve life.
As defined in this rule, an inmate is on a
(a) When he or she communicates that fact to staff and is observed by staffto be refraining from eating for a period of time, ordinarily in excess of 72hours; or
(b) When staff observe the inmate to be refraining from eating for a periodin excess of 72 hours. When staff consider it prudent to do so, a referral formedical evaluation may be made without waiting 72 hours.
(a) Staff shall refer an inmate who is observed to be on a hunger strike tomedical or mental health staff for evaluation and, when appropriate, fortreatment.
(b) Medical staff ordinarily shall place the inmate in a medicallyappropriate locked room for close monitoring.
(a) Medical staff shall ordinarily perform the following procedures uponinitial referral of an inmate on a hunger strike:
(1) Measure and record height and weight;
(2) Take and record vital signs;
(3) Urinalysis;
(4) Psychological and/or psychiatric evaluation;
(5) General medical evaluation;
(6) Radiographs as clinically indicated;
(7) Laboratory studies as clinically indicated.
(b) Medical staff shall take and record weight and vital signs at least onceevery 24 hours while the inmate is on a hunger strike. Other proceduresidentified in paragraph (a) of this section shall be repeated as medicallyindicated.
(c) When valid medical reasons exist, the physician may modify, discontinue,or expand any of the medical procedures described in paragraphs (a) and (b) ofthis section.
(d) When medical staff consider it medically mandatory, an inmate on a hungerstrike will be transferred to a Medical Referral Center or to another Bureauinstitution considered medically appropriate, or to a community hospital.
(a) Staff shall prepare and deliver to the inmate's room three meals per dayor as otherwise authorized by the physician.
(b) Staff shall provide the inmate an adequate supply of drinking water.Other beverages shall also be offered.
(c) Staff shall remove any commissary food items and private food supplies ofthe inmate while the inmate is on a hunger strike. An inmate may not makecommissary food purchases while under hunger strike management.
(a) When, as a result of inadequate intake or abnormal output, a physiciandetermines that the inmate's life or health will be threatened if treatment isnot initiated immediately, the physician shall give consideration to forcedmedical treatment of the inmate.
(b) Prior to medical treatment being administered against the inmate's will,staff shall make reasonable efforts to convince the inmate to voluntarily accepttreatment. Medical risks faced by the inmate if treatment is not accepted shallalso be explained to the inmate. Staff shall document their treatment efforts inthe medical record of the inmate.
(c) When, after reasonable efforts, or in an emergency preventing suchefforts, a medical necessity for immediate treatment of a life or healththreatening situation exists, the physician may order that treatment beadministered without the consent of the inmate. Staff shall document theirtreatment efforts in the medical record of the inmate.
(d) Staff shall continue clinical and laboratory monitoring as necessaryuntil the inmate's life or permanent health is no longer threatened.
(e) Staff shall continue medical, psychiatric and/or psychological follow-upas long as necessary.
Only the physician may order that an inmate be released from hunger strikeevaluation and treatment. This order shall be documented in the medical recordof the inmate.
70 FR 43050, July 26, 2005, unless otherwise noted.
(a) The Bureau of Prisons (Bureau) may, under certain circumstances, chargeyou, an inmate under our care and custody, a fee for providing you with healthcare services.
(b) Generally, if you are an inmate as described in § 549.71, youmust pay a fee for health care services of $2.00 per health care visit if you:
(1) Receive health care services in connection with a health care visit thatyou requested, (except for services described in § 549.72); or
(2) Are found responsible through the Disciplinary Hearing Process to haveinjured an inmate who, as a result of the injury, requires a health care visit.
This subpart applies to:
(a) Any individual incarcerated in an institution under the Bureau'sjurisdiction; or
(b) Any other individual, as designated by the Director, who has been chargedwith or convicted of an offense against the United States.
We will not charge a fee for:
(a) Health care services based on staff referrals;
(b) Staff-approved follow-up treatment for a chronic condition;
(c) Preventive health care services;
(d) Emergency services;
(e) Prenatal care;
(f) Diagnosis or treatment of chronic infectious diseases;
(g) Mental health care; or
(h) Substance abuse treatment.
You may seek review of issues related to health service fees through theBureau's Administrative Remedy Program (see 28 CFR part 542).
You will not be charged a health care service fee if you are consideredindigent and unable to pay the health care service fee. The Warden may establishprocedures to prevent abuse of this provision.
(a) The Warden may order an autopsy and related scientific or medical teststo be performed on the body of a deceased inmate of the facility in the event ofhomicide, suicide, fatal illness or accident, or unexplained death. The autopsyor tests may be ordered in one of these situations only when the Wardendetermines that the autopsy or test is necessary to detect a crime,
(1) The authority of the Warden under this section may not be delegated belowthe level of Acting Warden.
(2) Where the Warden has the authority to order an autopsy under thisprovision, no non-Bureau of Prisons authorization (e.g., from either the coroneror from the inmate's next-of-kin) is required. A decision on whether to order anautopsy is ordinarily made after consultation with the attending physician, anda determination by the Warden that the autopsy is in accordance with thestatutory provision. Once it is determined that an autopsy is appropriate, theWarden shall prepare a written statement authorizing this procedure. The writtenstatement is to include the basis for approval.
(b) In any situation other than as described in paragraph (a) of thissection, the Warden may order an autopsy or post-mortem operation, includingremoval of tissue for transplanting, to be performed on the body of a deceasedinmate of the facility with the written consent of a person (e.g., coroner, ornext-of-kin, or the decedent's consent in the case of tissue removed fortransplanting) authorized to permit the autopsy or post-mortem operation underthe law of the State in which the facility is located.
(1) The authority of the Warden under this section may not be delegated belowthe level of Acting Warden.
(2) When the conducting of an autopsy requires permission of the family ornext-of-kin, the following message is to be included in the telegram notifyingthe family or next-of-kin of the death: “Permission is requested toperform a complete autopsy”. Also inform the family or next-of-kin thatthey may telegraph the institution
(c) In addition to the provisions of paragraphs (a) and (b) of this section,each institution also is expected to abide by the following procedures.
(1) Staff shall ensure that the state laws regarding the reporting of deathsare followed.
(2) Time is a critical factor in arranging for an autopsy, as this ordinarilymust be performed within 48 hours. While a decision on an autopsy is pending, noaction should be taken that will affect the validity of the autopsy results.Therefore, while the body may be released to a funeral home, this should be doneonly with the written understanding from the funeral home that no preparationfor burial, including embalming, should be performed until a final decision ismade on the need for an autopsy.
(3) Medical staff shall arrange for the approved autopsy to be performed.
(4) To the extent consistent with the needs of the autopsy or of specificscientific or medical tests, provisions of state and local laws protectingreligious beliefs with respect to such autopsies are to be observed.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 4251-4255, 5006-5024 (repealed October 12, 1984 as to conductoccurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
The Bureau of Prisons maintains a surveillance program in order to deter andto detect the illegal introduction or use of alcohol in its institutions. In aneffort to reduce the introduction or use of alcohol, the Warden shall establishprocedures for monitoring and testing individual inmates or groups of inmateswho are known or suspected to be users of alcohol, or who are considered highrisks based on behavior observed or on information received by staff.
(a) Staff may prepare a disciplinary report on an inmate who shows a positivesubstantiated test result for alcohol.
(b) Staff may initiate disciplinary action against an inmate who refuses tosubmit to an alcohol test.
62 FR 45292, Aug. 26, 1997, unless otherwise noted.
The Warden shall establish programs of urine testing for drug use, to monitorspecific groups or individual inmates who are considered as high risk for druguse, such as those involved in community activities, those with a history ofdrug use, and those inmates specifically suspected of drug use. Testing shall beperformed with frequency determined by the Warden on at least 50 percent ofthose inmates who are involved in community activities. In addition, staff shallrandomly sample each institution's inmate population during each month to testfor drug use.
(a) Staff of the same sex as the inmate tested shall directly supervise thegiving of the urine sample. If an inmate is unwilling to provide a urine samplewithin two hours of a request for it, staff ordinarily shall file an incidentreport. No waiting period or extra time need be allowed for an inmate whodirectly and specifically refuses to provide a urine sample. To eliminate thepossibility of diluted or adulterated samples, staff shall keep the inmate underdirect visual supervision during this two-hour period, or until a completesample is furnished. To assist the inmate in giving the sample, staff shalloffer the inmate eight ounces of water at the beginning of the two-hour timeperiod. An inmate is presumed to be unwilling if the inmate fails to provide aurine sample within the allotted time period. An inmate may rebut thispresumption during the disciplinary process.
(b) Institution staff shall determine whether a justifiable reason exists,(e.g., use of prescribed medication) for any positive urine test result. If theinmate's urine test shows a positive test result for the presence of drugs whichcannot be justified, staff shall file an incident report.
48 FR 24624, June 1, 1983, unless otherwise noted.
The Bureau of Prisons requires that an inmate who is serving a sentence in acontract community treatment center (CTC) participate in a program of urinetesting for drug use. An inmate who is serving a sentence in a contract CTC, andwho has drug aftercare as a condition of release also shall receive drugcounseling during the inmate's stay at the contract CTC.
A program of urine testing for drug use shall be established in contractCTCs.
(a) Urine surveillance shall be conducted on all inmates serving theirsentence in a contract CTC:
(1) Who have drug aftercare as a condition of release;
(2) Who have a known history of drug abuse; or
(3) Who are suspected of using drugs.
(b) The Center Director shall establish a schedule for random collection forall other sentenced inmates not identified in paragraph (a) of this section.
(a) Contractor authorized personnel of the same sex as the inmate mustwitness collection of the inmate's urine sample. Inmates may not be involved inthe collection, recording, mailing, or processing of the test results.
(b) If an inmate fails to provide a urine sample within two hours of arequest for it, center staff may file a disciplinary report. To eliminate thepossibility of diluted or adulterated samples, center staff shall keep theinmate under direct supervision during this two-hour period.
(c) Center staff shall have each positive urine test validated tosubstantiate the positive result. Center staff shall file a disciplinary reportif the inmate's urine test shows a positive result for the presence of drugswhich the inmate cannot satisfactorily justify to center staff.
(d) The results of disciplinary hearings and a copy of positive urine testingresults which the inmate cannot satisfactorily justify to center staff shall besent to the appropriate Regional U.S. Parole Commission Office, the CommunityPrograms Manager (CPM), and the U.S. Probation Office.
(a) Drug counseling shall be provided to sentenced inmates in contractcommunity treatment centers who have drug aftercare as a condition of release.
(b) Counseling shall include a minimum of a 30-minute session each week,provided by qualified staff.
(c) Center staff shall document in the inmate's file the date and time ofeach counseling session. The counselor must prepare a monthly summary of eachinmate's progress. This report shall be placed in the inmate's file.
The contract center staff shall hold a program planning conference with asentenced inmate who has drug aftercare as a condition of release. At thismeeting, held within one week of the inmate's arrival at the center, plans aremade for the inmate to receive drug counseling. The meeting is attended bycenter staff, the inmate, and the Chief U.S. Probation Officer or designee.
59 FR 53343, Oct. 21, 1994, unless otherwise noted.
The Bureau of Prisons provides, subject to the availability of appropriated
(a)
(b)
Drug abuse treatment coordinators at all institutions shall ensure thatinmates are informed during the Admission and Orientation program about localand Bureau-wide drug abuse programming and treatment opportunities.
A psychologist or drug abuse treatment specialist shall interview all newinstitution admissions for drug abuse problems. A record review will beperformed by a case manager in the normal course of his/her duties. Based onthese reviews and interviews, drug abuse treatment staff shall make anappropriate drug education/treatment referral.
(a)(1)
(i) There is evidence in the Presentence Investigation that alcohol or otherdrug use contributed to the commission of the instant offense;
(ii) Alcohol or other drug use was a reason for violation either ofsupervised release, including parole, or BOP community status (CCC placement)for which the inmate is now incarcerated; or
(iii) The inmate was recommended for drug programming during incarceration bythe sentencing judge.
(2)
(b)
(c)
(d)
(e)
Non-residential drug abuse treatment is provided at all institutions andordinarily consists of individual and/or group counseling and self-helpprogramming provided through the institution's Psychology Services department.
(a)
(1) The inmate must have a verifiable documented drug abuse problem.
(2) The inmate must have no serious mental impairment which wouldsubstantially interfere with or preclude full participation in the program.
(3) The inmate must sign an agreement acknowledging his/her programresponsibility.
(b)
(c)
Residential drug abuse treatment is available at selected Bureau of Prisonsinstitutions. It is a course of individual and group activities provided by ateam of drug abuse treatment specialists and the drug abuse treatmentcoordinator in a treatment unit set apart from the general prison population,lasting a minimum of 500 hours over a six to twelve-month period. Inmatesenrolled in a residential drug abuse treatment program shall be required tocomplete subsequent transitional services programming in a community-basedprogram and/or in a Bureau institution.
(a)
(1) The inmate must have a verifiable documented drug abuse problem.
(2) The inmate must have no serious mental impairment which wouldsubstantially interfere with or preclude full participation in the program.
(3) The inmate must sign an agreement acknowledging his/her programresponsibility.
(4) Ordinarily, the inmate must be within thirty-six months of release.
(5) The security level of the residential program institution must beappropriate for the inmate.
(b)
(c)
(d)
(2) The drug abuse treatment coordinator may remove an inmate from theprogram based upon disruptive behavior related to the program. Ordinarily, staffshall provide the inmate with at least one warning prior to removal. An inmatemay not ordinarily be removed immediately without warning unless the inmate,pursuant to an incident report, is found by the DHO to have:
(i) Used or possessed alcohol or drugs;
(ii) Been violent or threatened violence against staff or another inmate; or
(iii) Committed a 100 level prohibited act.
(3) Withdrawal or removal from the residential program may result in theinmate's being returned to his/her prior institution (when the inmate had beenspecifically transferred for the purpose of program participation).
(a) An inmate may receive incentives for his or her satisfactory involvementin the residential program. These incentives may include, but are not limitedto, the following.
(1) Limited financial awards, based upon the inmate's achievement/completionof program phases.
(2) Consideration for the maximum period of time (currently 180 days) in aCommunity Corrections Center placement, provided the inmate is otherwiseeligible for this designation.
(3) Local institution incentives such as preferred living quarters or specialrecognition privileges.
(4) If eligible under § 550.58, consideration for early release.
(b) An inmate must meet his/her financial program responsibility obligations(see 28 CFR part 545) prior to being able to receive an incentive for his/herresidential program participation.
(c) Withdrawal or removal from the residential program may result in the lossof incentives previously achieved.
An inmate who was sentenced to a term of imprisonment pursuant to theprovisions of 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense, andwho is determined to have a substance abuse problem, and successfully completesa residential drug abuse treatment program during his or her current commitmentmay be eligible, in accordance with paragraph (a) of this section, for earlyrelease by a period not to exceed 12 months.
(a)
(i) INS detainees;
(ii) Pretrial inmates;
(iii) Contractual boarders (for example, D.C., State, or military inmates);
(iv) Inmates who have a prior felony or misdemeanor conviction for homicide,forcible rape, robbery, or aggravated assault, or child sexual abuse offenses;
(v) Inmates who are not eligible for participation in a community-basedprogram as determined by the Warden on the basis of his or her professionaldiscretion;
(vi) Inmates whose current offense is a felony:
(A) That has as an element, the actual, attempted, or threatened use ofphysical force against the person or property of another, or
(B) That involved the carrying, possession, or use of a firearm or otherdangerous weapon or explosives (including any explosive material or explosivedevice), or
(C) That by its nature or conduct, presents a serious potential risk ofphysical force against the person or property of another, or
(D) That by its nature or conduct involves sexual abuse offenses committedupon children.
(2) An inmate who had successfully completed a Bureau of Prisons residentialdrug abuse treatment program before October 1, 1989 is otherwise eligible if:
(i) Staff confirm that the completed program matches the treatment requiredby statute;
(ii) The inmate signs an agreement acknowledging his/her programresponsibility;
(iii) The inmate completes a refresher treatment program and all applicabletransitional services programs in a community-based program (i.e., in aCommunity Corrections Center or on home confinement); and
(iv) Since completion of the program, the inmate has not been found to havecommitted a 100 level prohibited act and has not been found to have committed aprohibited act involving alcohol or drugs.
(3) An inmate who has successfully completed a Bureau of Prisons residentialdrug abuse treatment program on or after October 1, 1989 is otherwise eligibleif:
(i) The inmate completes all applicable transitional services programs in acommunity-based program (i.e., in a Community Corrections Center or on homeconfinement); and
(ii) Since completion of the program, the inmate has not been found to havecommitted a 100 level prohibited act and has not been found to have committed aprohibited act involving alcohol or drugs.
(b)
(2)
(c)
(2) If the inmate has less than 12 months to serve after completion of allrequired transitional services, the amount of reduction may not exceed theamount of time left on service of sentence.
(3) If the inmate cannot fulfill his or her community-based treatmentobligations by the presumptive release date, the Community Corrections RegionalAdministrator may adjust the presumptive release date by the minimum amount oftime necessary to allow for fulfillment of the treatment obligations.
Transitional treatment programming is required for all inmates completing aninstitution's residential treatment program. Transitional treatment includestreatment provided to inmates who, upon completing the residential program,return to the general population of that or another institution or who aretransferred to a community-based program. An inmate's refusal to participate inthis program is considered a program failure and disqualifies the inmate for anyadditional incentives consideration, and may result in the inmate'sredesignation.
(a) An inmate who successfully completes a residential drug abuse program andwho participates in transitional treatment programming at an institution isrequired to participate in such programming for a minimum of one hour per month.
(b) An inmate who successfully completes a residential drug abuse program andwho, based on eligibility, is transferred to a Community Corrections Center(CCC), is required to participate
(c) An inmate with a documented drug abuse problem but who did not choose tovolunteer for the residential drug abuse program may be required to participatein transitional services as a condition of participation in a community-basedprogram with the approval of the transitional services manager.
(a) Administrative remedy procedures for the formal review of a complaintrelating to any aspect of an inmate's confinement (including the operation ofthe drug abuse treatment programs) are contained in 28 CFR part 542, subpart B.
(b) In order to expedite staff response, an inmate who has previously beenfound to be eligible for early release must, when filing an administrativeremedy request pursuant to 28 part CFR 542, subpart B on an action which wouldresult in the inmate's loss of early release eligibility, indicate in the firstsentence of the request that the request affects the inmate's early release.
5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on or afterNovember 1, 1987), 4161-4166 (Repealed as to offenses committed on orafter November 1, 1987), 5006-5024 (Repealed October 12, 1984 as tooffenses committed after that date), 5039; 28 U.S.C. 509, 510; Pub. L.99-500 (sec. 209); Attorney General's May 1, 1995 Guidelines for Victimand Witness Assistance.
44 FR 38252, June 29, 1979, unless otherwise noted.
The Bureau of Prisons permits an inmate to select the hair style of personalchoice, and expects personal cleanliness and dress in keeping with standards ofgood grooming and the security, good order, and discipline of the institution.
An inmate may wear a mustache or beard or both. The Warden shall require aninmate with a beard to wear a beard covering when working in food service orwhere a beard could result in increased likelihood of work injury.
Inmates may not wear wigs or artificial hairpieces, unless medicalauthorization to do so is approved by the Warden.
(a) The Warden may not restrict hair length if the inmate keeps it neat andclean.
(b) The Warden shall require an inmate with long hair to wear a cap or hairnet when working in food service or where long hair could result in increasedlikelihood of work injury.
(c) The Warden shall make available to an inmate hair care services whichcomply with applicable health and sanitation requirements.
The Warden may impose restrictions or exceptions for documented medicalreasons.
The Warden shall make available to an inmate those articles necessary formaintaining personal hygiene.
Each inmate must observe the standards concerning bathing and clothing thatexist in the institution as required by standards of § 551.1.
49 FR 18385, Apr. 30, 1984, unless otherwise noted.
The Warden shall approve an inmate's request to marry except where a legalrestriction to the marriage exists, or where the proposed marriage presents athreat to the security or good order of the institution, or to the protection ofthe public. The Warden may approve the use of institution facilities for aninmate's marriage ceremony. If a marriage ceremony poses a threat to
(a) The Warden may approve the marriage of a federal inmate confined in afederal institution. This authority may not be delegated below the level ofActing Warden.
(b) The appropriate Community Corrections Manager may approve the request tomarry of a federal inmate who is not confined in a federal institution (forexample, a federal inmate who is in a community corrections center, in homeconfinement, in state custody, or in a local detention facility).
An inmate's request to marry shall be approved provided:
(a) The inmate is legally eligible to marry;
(b) The inmate is mentally competent;
(c) The intended spouse has verified, ordinarily in writing, an intention tomarry the inmate; and
(d) The marriage poses no threat to institution security or good order, or tothe protection of the public.
(a) A federal inmate confined in a Bureau institution who wants to getmarried shall submit a request to marry to the inmate's unit team. The unit teamshall evaluate the request based on the criteria identified in §551.12. Awritten report of the unit team's findings, and its recommendation, shall beforwarded to the Warden for a final decision.
(b) The Warden shall notify the inmate in writing whether the inmate'srequest to marry is approved or disapproved. A copy of this notification shallbe placed in the inmate's central file. When the Warden's decision is todisapprove the inmate's request, the notification to the inmate shall include astatement of reason(s) for that action. The Warden shall advise the inmate thatthe decision may be appealed through the Administrative Remedy Procedure.
(c) All expenses of the marriage (for example, a marriage license) shall bepaid by the inmate, the inmate's intended spouse, the inmate's family, or otherappropriate source approved by the Warden. The Warden may not permitappropriated funds to be used for an inmate marriage.
(a)
(b)
(c)
An inmate whose request to marry is approved, and who also meets the Bureau'scriteria for furlough (see part 570, subpart C), may be considered for afurlough for the purpose of getting married.
(a) The Warden may approve the use of institution facilities for an inmate'smarriage ceremony. If a marriage ceremony poses a threat to the security or goodorder of the institution, the Warden may disapprove a marriage ceremony in theinstitution. The Warden may not delegate the authority to approve or todisapprove a marriage ceremony in the institution below the level of ActingWarden.
(b) Expenses for a marriage ceremony in the institution shall be paid by theinmate, the inmate's intended spouse, the inmate's family, or other appropriatesource approved by the Warden. The Warden may not permit appropriated funds tobe used for the marriage ceremony, except for those inherent in providing theplace and supervision for the event. Upon request of the inmate, Bureau ofPrisons or community clergy, or a justice of the peace may be authorized toassist in a marriage ceremony at the institution.
(1) The marriage ceremony may be performed by Bureau of Prisons or communityclergy, or by a justice of the peace.
(2) Because of ecclesiastical constraints, Bureau of Prisons chaplains maydecline to perform the marriage ceremony. Upon request of the inmate, a Bureauchaplain will assist that inmate in preparing for an approved marriage; forexample, by providing, or arranging for an inmate to receive, pre-nuptialmarriage counseling.
(c) The Warden shall require that a marriage ceremony at the institution be aprivate ceremony conducted without media publicity.
The Bureau of Prisons provides an inmate with medical and social servicesrelated to birth control, pregnancy, child placement, and abortion. The Wardenshall ensure compliance with the applicable law regarding these matters.
Medical staff shall provide an inmate with advice and consultation aboutmethods for birth control and, where medically appropriate, prescribe andprovide methods for birth control.
(a) The Warden shall ensure that each pregnant inmate is provided medical,case management, and counseling services.
(b) In order to ensure proper medical and social services, the inmate shallinform the institution medical staff as soon as she suspects she is pregnant.
(c) Medical staff shall arrange for the childbirth to take place at ahospital outside the institution.
(a) The inmate has the responsibility to decide either to have an abortion orto bear the child.
(b) The Warden shall offer to provide each pregnant inmate with medical,religious, and social counseling to aid her in making the decision whether tocarry the pregnancy to full term or to have an elective abortion. If an inmatechooses to have an abortion, she shall sign a statement to that effect. Theinmate shall sign a written statement acknowledging that she has been providedthe opportunity for the counseling and information called for in this policy.
(c) Upon receipt of the inmate's written statements required by paragraph (b)of this section, ordinarily submitted through the unit manager, the ClinicalDirector shall arrange for an abortion to take place.
(a) The Warden may not permit the inmate's new born child to return to theinstitution except in accordance with the Bureau of Prisons policy governingvisiting.
(b) Child placement is the inmate's responsibility. The Warden shall provideopportunities for counseling by institution staff and community social
(c) The institution staff shall work closely with community agencies andpersons to ensure the child is appropriately placed. The staff shall give noticeto the responsible community agency of the inmate's plan for her child. Childwelfare workers may come to the institution in appropriate cases to interviewand counsel an inmate.
61 FR 11275, Mar. 19, 1996, unless otherwise noted.
The Bureau of Prisons permits inmates and persons in the community toparticipate in approved inmate organizations for recreational, social, civic,and benevolent purposes.
(a) An inmate must submit a request for recognition of a proposed inmateorganization to the Warden. The organization may not become active without theWarden's approval.
(b) The Warden may approve an inmate organization upon determining that:
(1) The organization has a constitution and bylaws duly approved by itsmembers; the constitution and bylaws must include the organization's purpose andobjectives, the duties and responsibilities of its officer(s), and therequirements for activities reporting and operational review; and
(2) The organization does not operate in opposition to the security, goodorder, or discipline of the institution.
(a) The Warden shall appoint a staff member as the institution's InmateOrganization Manager (IOM). The IOM shall be responsible for monitoring theactivities of the institution's inmate organizations and staff sponsors.
(b) The Warden or designee shall assign to a staff sponsor responsibility forsupervising the activities of an individual inmate organization. The staffsponsor's duties are performed while in official duty status.
Dues may be collected if they are required by the national organization, arecollected by that same national organization, and the rate and method ofinstitution collection have been approved by the Warden. No portion of the duesmay be kept by the inmate organization for use at the institution. Theorganization may not make payment of dues a requirement of membership for aninmate who lacks funds.
(a) An officer of the inmate organization must submit a written request forapproval of an activity to the Warden or designee. Activities include, but arenot limited to, meetings, guest speakers, sports competitions, banquets, orcommunity programs. Activities may not include fund-raising projects. Therequest must specifically include:
(1) Name of the organization;
(2) Nature or purpose of the activity;
(3) Date, time, and estimated duration of the activity;
(4) Estimated cost;
(5) Information concerning guest participation; and
(6) Other pertinent information requested by the Warden.
(b) The Warden may approve the request if the activity:
(1) Does not conflict with scheduled inmate work or program activities;
(2) Has confirmation of staff supervision;
(3) Can be appropriately funded when applicable (see § 551.36);and
(4) Does not conflict with the security, good order, or discipline of theinstitution.
(c) When an activity requires the expenditure of government funds, the Wardenordinarily shall require reimbursement from non-inmate participants (guests ormembers).
(d) Each inmate organization shall be responsible for maintaining accuraterecords of its activities.
(e) The activities of an inmate organization may be suspended temporarily
The Warden may withdraw approval of an inmate organization for reasons of thesecurity, good order, and discipline of the institution, or in accordance with§ 551.34(e).
The Bureau of Prisons may fund approved activities of inmate organizations ororganization requests for purchase of equipment or services for all inmatessubject to the availability of designated funds.
(a) An inmate may contribute to a candidate for election to a federal, stateor local office, in a primary, general, or special election.
(b) An inmate may contribute to any international, national or localorganization, including political parties, so long as the contribution does notviolate any law or regulation.
(a) A volunteer community service project is a project sponsored anddeveloped by local government or by a nonprofit charitable organization,submitted to the institution, and recommended by the Warden for approval of theRegional Director. Volunteer community service projects are designed to providefor the public good in keeping with the overall goals of the community, such ascommunity-wide beautification or public safety. The sponsoring organization isresponsible for certifying to the Bureau that the community service project doesnot displace regular employees, supplant employment opportunities ordinarilyavailable within the sponsoring organization, or impair contracts for services.These projects are not work assignments. Any inmate who chooses to participatedoes so voluntarily, and may not receive performance pay or any other salariedcompensation for participation in the project, nor be eligible to submit a claimunder the provisions of the Inmate Accident Compensation Program.
(b) An inmate may volunteer to participate in a community service project bysubmitting a written request for the Warden's approval. The inmate must havecustody classification appropriate for the project and be otherwise eligible forthe conditions of the project. The decision of the Warden to approve ordisapprove an inmate's request shall be documented in writing.
(c) An inmate may appeal the Warden's decision through the AdministrativeRemedy Procedure (see 28 CFR part 542).
The Bureau of Prisons cooperates with law enforcement officials and otherauthorized individuals in the performance of their duties by permitting them toadminister polygraph tests to an inmate if the inmate consents to the testing.
(a) The Warden may permit polygraph tests in connection with a State orFederal criminal felony investigation.
(b) The Warden may permit polygraph tests in connection with misdemeanoroffenses, civil proceedings, or any other matters. This type of request,however, is generally disapproved, absent a federal court order for the test.
(c) The Warden may permit a polygraph test at the request of a defensecounsel or other representative of the inmate. These requests are subject to thesame standards and procedures applicable to testing by law enforcementofficials.
(d) The Warden may deny any request for testing which may disrupt thesecurity or good order of the institution.
(e) Upon written request to conduct a polygraph examination of an inmate, theWarden may approve the request if:
(1) The validity of the request and of the examining agency can be confirmed;
(2) The request complies with this section; and
(3) The inmate gives written consent to the testing.
(f) If the request is approved, the Warden shall notify the requestor that heis responsible for meeting all state and local requirements in administering thetest.
(g) The Bureau of Prisons maintains a record in the inmate's central file ofthe polygraph test indicating the inmate's consent and the time and place of andthe personnel involved in the testing.
As used in this rule,
An inmate may prepare a manuscript for private use or for publication whilein custody without staff approval. The inmate may use only non-work time toprepare a manuscript.
An inmate may mail a manuscript as general correspondence, in accordance withpart 540, subpart B of this chapter. An inmate may not circulate his manuscriptwithin the institution.
The Warden may limit, for housekeeping, fire-prevention, or security reasons,the amount of accumulated inmate manuscript material.
Bureau staff shall not discriminate against inmates on the basis of race,religion, national origin, sex, disability, or political belief. This includesthe making of administrative decisions and providing access to work, housing andprograms.
59 FR 60285, Nov. 22, 1994, unless otherwise noted.
In addition to convicted inmates, the Bureau of Prisons houses persons whohave not been convicted. Procedures and practices required for the care,custody, and control of such inmates may differ from those established forconvicted inmates. Pretrial inmates will be separated, to the extentpracticable, from convicted inmates. Except as specified by this rule, policiesand standards applicable to persons committed to the custody of the AttorneyGeneral or the Bureau of Prisons apply also to pretrial inmates as defined in§ 551.101.
(a)
(1)
(2)
(3)
(b)
On receipt of a U.S. Marshal remand, the Bureau of Prisons shall accept anindividual who has not been arraigned for commitment as a pretrial inmate,provided that the institution has appropriate detention facilities available forthat individual.
Staff in administrative institutions or institutions with administrativecomponents housing U.S. Marshals' prisoners shall establish procedures foradmitting a pretrial inmate which include, but are not limited to:
(a) Verification of commitment papers;
(b) Search of the inmate;
(c) Photographing and fingerprinting;
(d) Disposition of clothing and personal possessions;
(e) Intake screening (including Notice of Separation);
(f) Providing institution guidelines governing telephone calls (includingprocedures for making unmonitored calls to an attorney);
(g) Provisions for personal hygiene, to include:
(1) Issue of personal hygiene items;
(2) Issue of clean clothing; and
(3) Opportunity for shower and hair care;
(h) Orientation;
(i) Opportunity for waiver of right not to work;
(j) Assignment to an appropriate housing unit.
To the extent practicable, pretrial inmates will be housed separately fromconvicted inmates.
(a) Staff ordinarily will supervise a pretrial inmate as if classified“In” custody.
(b) Where circumstances warrant, staff may supervise a pretrial inmateaccording to procedures for other custody levels.
Unless a pretrial inmate signs a waiver of his or her right not to work, theWarden may not require the inmate to work in any assignment other thanhousekeeping tasks in the inmate's own cell and in the community living area.
Staff shall conduct regular reviews of a pretrial inmate's status.
(a) Each pretrial inmate shall be scheduled for an initial review by the unitteam within 21 calendar days of the inmate's first arrival at the institution,and subsequent reviews shall be conducted at least every 90 days.
(b) The inmate shall be notified at least 48 hours prior to the inmate'sscheduled review.
(c) A pretrial inmate is expected to attend these reviews. If the inmaterefuses to appear, staff shall document in the record of the meeting theinmate's refusal and, if known, the reason for refusal.
(d) Inmate reviews are to be documented on the Pretrial Inmate Review Report.
The Warden may approve a pretrial inmate for performance pay and specialawards.
(a) The Warden may not grant a furlough to a pretrial inmate (18 U.S.C.§ 3622).
(b) In an emergency, staff shall facilitate contact with the pretrialinmate's attorney of record, who may seek from
(c) Except by order of the court, a pretrial inmate may not be considered forparticipation in community programs.
(a) When consistent with institution security and good order, pretrialinmates may be allowed the opportunity to participate in religious programs withconvicted inmates.
(b) Staff shall ensure that pretrial inmates who do not participate inreligious programs with convicted inmates have access to other religiousprograms.
A pretrial inmate may request permission to marry in accordance with currentBureau of Prisons policy for convicted inmates. Staff shall contact the court,U.S. Attorney, U.S. Marshals Service, and in the case of an alien, theImmigration and Naturalization Service, to advise of the marriage request of thepretrial inmate and to request their comments.
(a) A pretrial inmate may participate in correspondence and self-studyeducational courses. Institutional staff may also arrange for educationalassistance to the pretrial inmate through the use of contract personnel orcommunity volunteers.
(b) When consistent with institution security and good order, pretrialinmates may be allowed the opportunity to have access to the institution'seducational program.
(a) When consistent with institution security and good order, pretrialinmates may be allowed the opportunity to receive counseling services withconvicted inmates.
(b) Staff shall ensure that pretrial inmates who do not receive counselingservices with convicted inmates have access to other counseling services.
(a) Staff shall provide the pretrial inmate with the same level of basicmedical (including dental), psychiatric, and psychological care provided toconvicted inmates.
(b) Staff shall advise the court, through the U.S. Marshal, of medication thepretrial inmate receives which may alter the inmate's courtroom behavior.
(c) In event of serious illness or death of a pretrial inmate, staff shallnotify the committing court, U.S. Marshal, U.S. Attorney's Office, the inmate'sattorney of record, and the designated family member or next of kin.
(a) When consistent with institution security and good order, pretrialinmates may be allowed the opportunity to participate with convicted inmates inrecreational activities. Staff shall ensure that inmates who do not participatein recreational activities with convicted inmates have access to otherrecreational activities.
(b) At a minimum, and except as noted in paragraph (d) of this section, staffshall provide the pretrial inmate with the following recreational opportunities:
(1) One hour daily of outside recreation, weather permitting; or
(2) Two hours daily of indoor recreation.
(c) Staff shall make recreation equipment available to the pretrial inmateincluding, but not limited to, physical exercise equipment, books, table games,and television.
(d) Staff shall provide the pretrial inmate housed in AdministrativeDetention or Disciplinary Segregation with exercise as provided by the Bureau ofPrisons rules on Inmate Discipline. (See 28 CFR part 541, subpart B.)
(e) Provisions of paragraphs (b) and (c) of this section must be carried outunless compelling security or safety reasons dictate otherwise. Institutionstaff shall document these reasons.
(a) Staff shall require the pretrial inmate to abide by Bureau of Prisonsrules on Inmate Discipline (see 28 CFR
(b) Staff shall advise the court, through the U.S. Marshal, of repeated orserious disruptive behavior by a pretrial inmate.
(a) The Warden shall provide the opportunity for pretrial inmate-attorneyvisits on a seven-days-a-week basis.
(b) Staff shall provide pretrial inmates with access to legal materials inthe institution.
(c) Staff shall allow the pretrial inmate, upon the inmate's request, totelephone the inmate's attorney as often as resources of the institution allow.
(a) A pretrial inmate may retain personal property as authorized forconvicted inmates housed in administrative detention units. (See 28 CFR part541, subpart B.)
(b) Staff may store the pretrial inmate's unauthorized personal propertyuntil the individual is released, transferred to another facility, or sentencedand committed to a federal institution.
(c) Staff may supply the pretrial inmate with clothing for court appearances,or the inmate may supply his or her own.
(a) Staff shall establish procedures which allow for the release of funds andpersonal property to pretrial inmates released during other than normal businesshours
(b) Staff shall ensure that pretrial inmates are informed of existing policyrelative to the commissary account and the deposit/release of funds.
Staff shall allow pretrial inmates to receive visits in accordance with theBureau's rule and local institution guidelines on visiting. Staff may allow apretrial inmate special visits to protect the inmate's business interests or tohelp prepare for trial.
49 FR 18386, Apr. 30, 1984, unless otherwise noted.
The Bureau of Prisons provides a requesting victim and/or witness of aserious crime with information on the release from a Bureau institution of theinmate convicted of that serious crime.
(a) For purpose of this rule,
(b) For purpose of this rule,
(c) For purpose of this rule,
(d) For purpose of this rule, the phrase
(a) A victim and/or witness of a serious crime who wants to be notified of aspecific inmate's release must make
(b) Institution staff shall promptly notify the victim and/or witness whenhis or her request for notification has been received. Staff shall advise eachapproved victim and/or witness of that person's responsibility for notifying theBureau of Prisons of any address and/or telephone number changes.
(a) A victim and/or witness may request cancellation of the notification bycontacting either the Bureau of Prisons or the U.S. Attorney from theprosecuting district. The Bureau of Prisons shall notify the victim and/orwitness that his or her request for notification has been cancelled.
(b) Bureau of Prisons staff may cancel a notification request when the victimand/or witness has not responded within 60 calendar days to a Bureau of Prisonsinquiry concerning whether the victim and/or witness wishes to continuereceiving notification of the inmate's release(s).
(c) A notification request by a victim and/or witness ordinarily terminateswhen the inmate has completed service of the sentence for the serious crimewhich resulted in the request for notification.
69 FR 13737, Mar. 24, 2004, unless otherwise noted.
To advance towards becoming a clean air environment and to protect the healthand safety of staff and inmates, the Bureau of Prisons will restrict areas andcircumstances where smoking is permitted within its institutions and offices.
For purpose of this subpart,
(a) The Warden must designate a smoking area for use in instances wheresmoking is part of an authorized inmate religious activity.
(b)(1) The Warden may designate only outdoor smoking areas for general inmateuse (that is, for smoking which is not part of an authorized religiousactivity). These smoking areas must be clearly identified.
(2) The Warden, with the Regional Director's concurrence, may choose not todesignate smoking areas for general use. Once this occurs, the RegionalDirector's concurrence is required if the Warden later chooses to designatesmoking areas for general use at the institution.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 5006-5024 (Repealed October 12, 1984, as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
45 FR 33941, May 20, 1980, unless otherwise noted.
45 FR 75134, Nov. 13, 1980, unless otherwise noted.
In order to further the safe, secure, and orderly running of itsinstitutions, the Bureau of Prisons conducts searches of inmates and of inmatehousing and work areas to locate contraband and to deter its introduction andmovement. Staff shall employ the least intrusive method of search practicable,as indicated by the type of contraband and the method of suspected introduction.
(a)
(b)
(1) Staff may conduct a visual search where there is reasonable belief thatcontraband may be concealed on the person, or a good opportunity for concealmenthas occured. For example, placement in a special housing unit (see 28 CFR part541, subpart B), leaving the institution, or re-entry into an institution aftercontact with the public (after a community trip, court transfer, or after a“contact” visit in a visiting room) is sufficient to justify avisual search. The visual search shall be made in a manner designed to assure asmuch privacy to the inmate as practicable.
(2) Staff of the same sex as the inmate shall make the search, except wherecircumstances are such that delay would mean the likely loss of contraband.Where staff of the opposite sex makes a visual search, staff shall document thereasons for the opposite sex search in the inmate's central file.
(c)
(1) Staff shall solicit the inmate's written consent prior to conducting adigital or simple instrument search. However, the inmate's consent is notrequired.
(2) Staff may not conduct a digital or simple instrument search if it islikely
When there is reasonable belief that an inmate has ingested contraband orconcealed contraband in a body cavity and the methods of search specified in§ 552.11 are inappropriate or likely to result in physical injury tothe inmate, the Warden or designee may authorize the placement of an inmate in aroom or cell for the purpose of staff's closely observing that inmate until theinmate has voided the contraband or until sufficient time has elapsed topreclude the possibility that the inmate is concealing contraband.
(a) The length of close observation status will be determined on anindividual basis. Ordinarily, the Captain, in consultation with qualified healthpersonnel, shall determine when termination is appropriate. The status of aninmate under close observation for as long as three days must be reviewed by theSegregation Review Official according to the provisions in§ 541.22(c) of this chapter, and the initial SRO review conductedwithin three work days shall be a formal hearing. Maintaining an inmate underclose observation beyond seven days requires approval of the Warden, who makesthis decision in consultation with the Captain and qualified health personnel.
(b) The supervising staff member shall be the same sex as the inmate andshall maintain complete and constant visual supervision of the inmate.
(c) The supervisor responsible for initiating the close observation watchshall advise the inmate of the conditions and of what is expected.
(1) The inmate shall be required to provide a urine sample within two hoursof placement under close observation in accordance with the provisions of§ 550.30 of this chapter on urine surveillance. A second urine sampleis required prior to releasing the inmate from close observation.
(2) The light will be kept on at all times.
(3) No inmate under close observation status may be allowed to come intocontact with another inmate.
(4) The inmate ordinarily may not be allowed personal property while underclose observation status, except legal and personal mail and a reasonable amountof legal materials when requested. Personal hygiene items will be controlled bystaff.
(5) When the inmate is lying on a bed, the inmate shall be required to lie ontop of the mattress in full view, weather and room temperature permitting. Whennecessary for the inmate to use cover, hands must remain visible at all times sothat staff can observe any attempt to move contraband.
(6) Due to security concerns, the inmate ordinarily may not be permittedrecreation outside of the cell.
(7) The inmate is to be served the same meals as those served to the generalpopulation, unless medically contraindicated.
(8) No medications may be given to the inmate except for those prescribed andgiven by hospital personnel. No laxatives may be given except natural laxatives,i.e., coffee, prune juice, etc.
(9) When the inmate needs to urinate and/or defecate, the inmate will befurnished an empty hospital bed pan.
(10) When the inmate requests to shave, to brush teeth, or other suchrequest, a wash pan and container of water is to be provided for use in thecell.
(11) Institution staff shall be available to the inmate upon request, withinreason and within the bounds of security concerns.
(a) The institution physician may authorize use of a fluoroscope, majorinstrument (including anoscope or vaginal speculum), or surgical intrusion formedical reasons only, with the inmate's consent.
(b) The institution physician may authorize use of an X-ray for medicalreasons and only with the consent of the inmate. When there exists no reasonablealternative, and an X-ray examination is determined necessary for the security,good order, or discipline of
(1) The Warden and Regional Director or persons officially acting in thatcapacity may not redelegate the authority to approve an X-ray examination forthe purpose of determining if contrabrand is present. An Acting Warden or ActingRegional Director may, however, perform this function.
(2) Staff shall solicit the inmate's consent prior to the X-ray examination.However, the inmate's consent is not required.
(c) The Warden may direct X-rays of inanimate objects where the inmate is notexposed.
(a) Staff may search an inmate's housing and work area, and personal itemscontained within those areas, without notice to or prior approval from theinmate and without the inmate's presence.
(b) Staff conducting the search shall leave the housing or work area asnearly as practicable in its original order.
54 FR 21394, May 17, 1989, unless otherwise noted.
The Bureau of Prisons authorizes staff to use force only as a lastalternative after all other reasonable efforts to resolve a situation havefailed. When authorized, staff must use only that amount of force necessary togain control of the inmate, to protect and ensure the safety of inmates, staff,and others, to prevent serious property damage and to ensure institutionsecurity and good order. Staff are authorized to apply physical restraintsnecessary to gain control of an inmate who appears to be dangerous because theinmate:
(a) Assaults another individual;
(b) Destroys government property;
(c) Attempts suicide;
(d) Inflicts injury upon self; or
(e) Becomes violent or displays signs of imminent violence.
(a)
(b)
(c)
(d)
(a) Staff ordinarily shall first attempt to gain the inmate's voluntarycooperation before using force.
(b) Force may not be used to punish an inmate.
(c) Staff shall use only that amount of force necessary to gain control ofthe inmate. Situations when an appropriate amount of force may be warrantedinclude, but are not limited to:
(1) Defense or protection of self or others;
(2) Enforcement of institutional regulations; and
(3) The prevention of a crime or apprehension of one who has committed acrime.
(d) Where immediate use of restraints is indicated, staff may temporarilyapply such restraints to an inmate to prevent that inmate from hurting self,staff, or others, and/or to prevent serious property damage. When the temporaryapplication of restraints is determined necessary, and after staff have gainedcontrol of the inmate, the Warden or designee is to be notified immediately fora decision on whether the use of restraints should continue.
(e) Staff may apply restraints (for example, handcuffs) to the inmate whocontinues to resist after staff achieve physical control of that inmate, and mayapply restraints to any inmate who is placed under control by the Use of ForceTeam Technique. If an inmate in a forcible restraint situation refuses to moveto another area on his own, staff may physically move that inmate by lifting andcarrying the inmate to the appropriate destination.
(f) Restraints should remain on the inmate until self-control is regained.
(g) Except when the immediate use of restraints is required for control ofthe inmate, staff may apply restraints to, or continue the use of progressiverestraints on, an inmate while in a cell in administrative detention ordisciplinary segregation only with approval of the Warden or designee.
(h) Restraint equipment or devices (e.g., handcuffs) may not be used in anyof the following ways:
(1) As a method of punishing an inmate.
(2) About an inmate's neck or face, or in any manner which restricts bloodcirculation or obstructs the inmate's airways.
(3) In a manner that causes unnecessary physical pain or extreme discomfort.
(4) To secure an inmate to a fixed object, such as a cell door or cell grill,except as provided in § 552.24.
(i) Medication may not be used as a restraint solely for security purposes.
(j) All incidents involving the use of force and the application ofrestraints (as specified in § 552.27) must be carefully documented.
Prior to any calculated use of force, the ranking custodial official(ordinarily the Captain or shift Lieutenant), a designated mental healthprofessional, and others shall confer and gather pertinent information about theinmate and the immediate situation. Based on their assessment of thatinformation, they shall identify a staff member(s) to attempt to obtain theinmate's voluntary cooperation and, using the knowledge they have gained
When the Warden determines that four-point restraints are the only meansavailable to obtain and maintain control over an inmate, the followingprocedures must be followed:
(a) Soft restraints (e.g., vinyl) must be used to restrain an inmate, unless:
(1) Such restraints previously have proven ineffective with respect to thatinmate, or
(2) Such restraints are proven ineffective during the initial applicationprocedure.
(b) Inmates will be dressed in clothing appropriate to the temperature.
(c) Beds will be covered with a mattress, and a blanket/sheet will beprovided to the inmate.
(d) Staff shall check the inmate at least every 15 minutes, both to ensurethat the restraints are not hampering circulation and for the general welfare ofthe inmate. When an inmate is restrained to a bed, staff shall periodicallyrotate the inmate's position to avoid soreness or stiffness.
(e) A review of the inmate's placement in four-point restraints shall be madeby a Lieutenant every two hours to determine if the use of restraints has hadthe required calming effect and so that the inmate may be released from theserestraints (completely or to lesser restraints) as soon as possible. At everytwo-hour review, the inmate will be afforded the opportunity to use the toilet,unless the inmate is continuing to actively resist or becomes violent whilebeing released from the restraints for this purpose.
(f) When the inmate is placed in four-point restraints, qualified healthpersonnel shall initially assess the inmate to ensure appropriate breathing andresponse (physical or verbal). Staff shall also ensure that the restraints havenot restricted or impaired the inmate's circulation. When inmates are sorestrained, qualified health personnel ordinarily are to visit the inmate atleast twice during each eight hour shift. Use of four-point restraints beyondeight hours requires the supervision of qualified health personnel. Mentalhealth and qualified health personnel may be asked for advice regarding theappropriate time for removal of the restraints.
(g) When it is necessary to restrain an inmate for longer than eight hours,the Warden (or designee) or institution administrative duty officer shall notifythe Regional Director or Regional Duty Officer by telephone.
The Warden may authorize the use of chemical agents or non-lethal weaponsonly when the situation is such that the inmate:
(a) Is armed and/or barricaded; or
(b) Cannot be approached without danger to self or others; and
(c) It is determined that a delay in bringing the situation under controlwould constitute a serious hazard to the inmate or others, or would result in amajor disturbance or serious property damage.
(a) In immediate use of force situations, staff shall seek the assistance ofmental health or qualified health personnel upon gaining physical control of theinmate. When possible, staff shall seek such assistance at the onset of theviolent behavior. In calculated use of force situations, the use of force teamleader shall seek the guidance of qualified health personnel (based upon areview of the inmate's medical record) to identify physical or mental problems.When mental health staff or qualified health personnel determine that an inmaterequires continuing care, and particularly when the inmate to be restrained ispregnant, the deciding staff shall assume responsibility for the inmate's care,to include possible admission to the institution hospital, or, in the case of apregnant inmate, restraining her in other than face down four-point restraints.
(b) After any use of force or forcible application of restraints, the inmateshall be examined by qualified health personnel, and any injuries noted,immediately treated.
Staff shall appropriately document all incidents involving the use of force,chemical agents, or non-lethal weapons. Staff shall also document, in writing,the use of restraints on an inmate who becomes violent or displays signs ofimminent violence. A copy of the report shall be placed in the inmate's centralfile.
61 FR 38042, July 22, 1996, unless otherwise noted.
The Bureau of Prisons primary objectives in all hostage situations are tosafely free the hostage(s) and to regain control of the institution.
The Warden is not ordinarily involved directly in the negotiation process.Instead, this responsibility is ordinarily assigned to a team of individualsspecifically trained in hostage negotiation techniques.
(a) Negotiators have no decision-making authority in hostage situations, butrather serve as intermediaries between hostage takers and command center staff.
(b) During the negotiation process, the following items are non-negotiable:release of captors from custody, providing of weapons, exchange of hostages, andimmunity from prosecution.
Captive staff have no authority and their directives shall be disregarded.
The Warden shall assign staff to handle all news releases and news mediainquiries in accordance with the rule on Contact with News Media (see 28 CFR540.65).
55 FR 17355, Apr. 24, 1990, unless otherwise noted.
The Bureau of Prisons provides guidelines for the management of potentiallysuicidal inmates. While suicides cannot be totally eliminated, the Bureau ofPrisons is responsible for monitoring the health and welfare of individualinmates and for ensuring that procedures are pursued to help preserve life.
Each Bureau of Prisons institution, other than medical centers, willimplement a suicide prevention program which conforms to the procedures outlinedin this rule. Each Bureau of Prisons medical center is to develop specificwritten procedures, consistent with the specialized nature of the institutionand the intent of this rule.
Each Warden shall designate in writing a full-time staff member to serve asProgram Coordinator for an institution Suicide Prevention Program. The ProgramCoordinator shall be responsible for managing the treatment of suicidal inmatesand for ensuring that the institution's suicide prevention program conforms tothe guidelines for training, identification, referral, andassessment/intervention outlined in this rule.
(a)
(b)
(c)
(d)
(1)
(2)
Inmates on watch will be placed in the institution's designated suicideprevention room, a non-administrative detention/segregation cell ordinarilylocated in the health services area. Despite the cell's location, the inmatewill not be admitted as an in-patient unless there are medical indications thatwould necessitate immediate hospitalization.
The Program Coordinator will have responsibility for determining the specificconditions of the watch.
(a)
(b)
The Program Coordinator will arrange for a potentially suicidal inmate to beremoved from Special Housing Unit status prior to completion of his/heradministrative detention or sanction and placed on suicide watch. Once thesuicide crisis is over, the inmate
The Program Coordinator will be responsible for making emergency referrals ofsuicidal inmates to the appropriate medical center. No inmate who is determinedto be imminently suicidal will be transferred to another institution, except toa medical center on an emergency basis.
If an inmate suicide does occur, the Program Coordinator will immediatelynotify the Regional Administrator, Psychology Services, who will arrange for apsychological reconstruction of the suicide to be completed by a psychologistfrom another institution.
5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,4081, 4082 (Repealed in part as to offenses committed on or after November 1,1987), 4126, 5006-5024 (Repealed October 12, 1984 as to offenses committedafter that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
48 FR 19573, Apr. 29, 1983, unless otherwise noted.
It is the policy of the Bureau of Prisons that an inmate may possessordinarily only that property which the inmate is authorized to retain uponadmission to the institution, which is issued while the inmate is in custody,which the inmate purchases in the institution commissary, or which is approvedby staff to be mailed to, or otherwise received by an inmate. These rulescontribute to the management of inmate personal property in the institution, andcontribute to a safe environment for staff and inmates by reducing fire hazards,security risks, and sanitation problems which relate to inmate personalproperty. Consistent with the mission of the institution, each Warden shallidentify in writing that personal property which may be retained by an inmate inaddition to that personal property which has been approved by the Director forretention at all institutions.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(a) Contraband is defined in § 500.1(h) of this chapter. Itemspossessed by an inmate ordinarily are not considered to be contraband if theinmate was authorized to retain the item upon admission to the institution, theitem was issued by authorized staff, purchased by the inmate from thecommissary, or purchased or received through approved channels (to includeapproved for receipt by an authorized staff member or authorized by institutionguidelines).
(b) For the purposes of this subpart, there are two types of contraband.
(1) Staff shall consider as hard contraband any item which poses a seriousthreat to the security of an institution and which ordinarily is not approvedfor possession by an inmate or for admission into the institution. Examples ofhard contraband include weapons, intoxicants, and currency (where prohibited).
(2) Staff shall consider as nuisance contraband any item other than hardcontraband, which has never been authorized, or which may be, or whichpreviously has been authorized for possession by an inmate, but whose possessionis prohibited when it presents a threat to security or its condition orexcessive quantities of it present a health, fire, or housekeeping hazard.Examples of nuisance contraband include: personal property no longer permittedfor admission to the institution or permitted for sale in the commissary;altered personal property; excessive accumulation of commissary, newspapers,letters, or magazines which cannot be stored neatly and safely in the designatedarea; food items which are spoiled or retained beyond
(a) Staff shall seize any item in the institution which has been identifiedas contraband whether the item is found in the physical possession of an inmate,in an inmate's living quarters, or in common areas of the institution.
(b) Staff shall dispose of items seized as contraband in accordance with thefollowing procedures.
(1) Staff shall return to the institution's issuing authority any item ofgovernment property seized as contraband, except where the item is needed asevidence for disciplinary action or criminal prosecution. In such cases, staffmay retain the seized property as evidence.
(2) Items of personal property confiscated by staff as contraband are to beinventoried and stored pending identification of the true owner (if in question)and possible disciplinary action. Following an inventory of the confiscateditems, staff shall employ the following procedures.
(i) Staff shall provide the inmate with a copy of the inventory as soon aspracticable. A copy of this inventory shall also be placed in the inmate'scentral file.
(ii) The inmate shall have seven days following receipt of the inventory toprovide staff with evidence of ownership of the listed items. A claim ofownership may not be accepted for an item made from the unauthorized use ofgovernment property. Items obtained from another inmate (for example, throughpurchase, or as a gift) without staff authorization may be considered nuisancecontraband for which a claim of ownership is ordinarily not accepted.
(iii) If the inmate establishes ownership, but the item is identified ascontraband, staff shall mail such items (other than hard contraband), at theinmate's expense, to a destination of the inmate's choice. The Warden ordesignee may authorize the institution to pay the cost of such mailings when theitem had not been altered and originally had been permitted for admission to theinstitution or had been purchased from the commissary, or where the inmate hasinsufficient funds and no likelihood of new funds being received. Where theinmate has established ownership of a contraband item, but is unwilling,although financially able to pay postage as required, or refuses to provide amailing address for return of the property, the property is to be disposed ofthrough approved methods, including destruction of the property.
(iv) If the inmate is unable to establish ownership, staff shall makereasonable efforts to identify the owner of the property before any decision todestroy the property is made.
(v) Staff shall prepare and retain written documentation describing any itemsdestroyed and the reasons for such action.
(vi) Where disciplinary action is appropriate, staff shall delay dispositionof property until completion of such action (including appeals).
(c) Staff shall retain items of hard contraband for disciplinary action orprosecution or both. The contraband items may be delivered to law enforcementpersonnel for official use. When it is determined that the item is not neededfor criminal prosecution, the hard contraband shall be destroyed as provided inparagraph (b)(2)(v) of this section. Written documentation of the destructionshall be maintained for at least two years.
(d) Staff may not allow an inmate to possess funds in excess of establishedinstitutional limits. Staff shall deliver to the cashier any cash or negotiableinstruments found in an inmate's possession which exceed the institution'sallowable limits. Funds determined to be contraband shall be confiscated forcrediting to the U.S. Treasury.
(1) Where disciplinary action against the inmate is appropriate, staff shalldelay final disposition of the funds until such action (including appeals) iscompleted.
(2) Prior to a decision on the disposition of funds, staff shall allow theinmate a reasonable amount of time to prove ownership.
(a) Except as provided for in paragraphs (a)(1) through (3) of this section,authorized personal property shall be shipped by staff to the receivinginstitution.
(1) The Warden ordinarily shall allow an inmate transferring to anotherinstitution to transport personal items determined necessary or appropriate bystaff and, if applicable, legal materials for active court cases.
(2) The Warden may require or allow an inmate who is transferring to anotherinstitution under furlough conditions to transport all the inmate's authorizedpersonal property with him or her.
(3) An inmate who is being released or who is transferring to a CommunityCorrections Center may arrange to ship personal property at the inmate'sexpense. The inmate is responsible for transporting any personal property not soshipped.
(b) If the inmate's personal property is not authorized for retention by thereceiving institution, staff at the receiving institution shall arrange for theinmate's excess personal property to be mailed to a non-Bureau destination ofthe inmate's choice. The inmate shall bear the expense for this mailing.
(c) Whenever the inmate refuses to provide a mailing address for return ofthe property or, when required, refuses to bear the expense of mailing theproperty, the property is to be disposed of through approved methods, includingdestruction of the property.
The Warden shall set a limit on the amount of personal property that mayaccompany an inmate transferring to a medical facility. For purpose of thisrule, a medical facility is one which provides observation and/or treatment of amedical, surgical, or psychiatric nature, or any combination of these. Suchmedical transfers are ordinarily of a short-term duration (30-120 days).
(a) The Wardens of the sending and receiving institutions shall allow theinmate to retain those legal materials specifically needed in respect to on-going litigation. Questions as to the need for such material may be referred toRegional Counsel.
(b) The Warden of the sending institution shall designate a secure locationfor storage of all inmate personal property not accompanying the inmate.
(c) Personal property permitted in the sending institution, but not in thereceiving institution, shall either be retained at the sending institution or bemailed to a destination of the inmate's choice.
(1) If the inmate is expected to return to the sending institution within 120days of transfer, staff shall advise the inmate that property not allowed in themedical facility may be held at the sending institution or sent to a destinationof the inmate's choice (other than the medical facility), at the inmate'sexpense. Where lack of space prevents retention of the inmate's property at thesending institution, that institution shall pay postage costs connected withmailing the inmate's property to a destination of the inmate's choice. Wherelack of space prevents the retention of the inmate's property at the sendinginstitution, and the inmate refuses to provide a mailing address for return ofthe property, the property is to be disposed of through approved methods,including destruction of the property.
(2) The inmate's property may be sent with the inmate to the medical facilitywhen the inmate is not expected to return to the sending institution, will be atthe medical facility over 120 days, or for any other justified reason. TheWarden at the sending institution shall prepare and place in the inmate'scentral file written documentation for forwarding the inmate's personalproperty.
(d) The Warden of the medical facility shall return an inmate's personalproperty ordinarily in the same or equivalent size container as originally
5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001,4042, 4081, 4082 (Repealed in part as to offenses committed on or after November1, 1987), 4161-4166, 5006-5024 (Repealed October 12, 1984, as tooffenses committed after that date), 5039; 28 U.S.C. 509, 510.
70 FR 1663, Jan. 10, 2005, unless otherwise noted.
(a) This subpart provides the Bureau of Prisons' (Bureau) categoricalexercise of discretion for designating inmates to community confinement. TheBureau designates inmates to community confinement only as part of pre-releasecustody and programming which will afford the prisoner a reasonable opportunityto adjust to and prepare for re-entry into the community.
(b) As discussed in this subpart, the term “communityconfinement” includes Community Corrections Centers (CCC) (also known as“halfway houses”) and home confinement.
(a) The Bureau will designate inmates to community confinement only as partof pre-release custody and programming, during the last ten percent of theprison sentence being served, not to exceed six months.
(b) We may exceed these time-frames only when specific Bureau programs allowgreater periods of community confinement, as provided by separate statutoryauthority (for example, residential substance abuse treatment program (18 U.S.C.3621(e)(2)(A)), or shock incarceration program (18 U.S.C. 4046(c)).
46 FR 34552, July 1, 1981, unless otherwise noted.
The furlough program of the Bureau of Prisons is intended to help the inmateto attain correctional goals. A furlough is not a right, but a privilege grantedan inmate under prescribed conditions. It is not a reward for good behavior, nora means to shorten a criminal sentence.
(a) A
(1)
(2)
(b) An
(1) The inmate's mandatory (statutory) release date;
(2) The inmate's minimum expiration date;
(3) The inmate's presumptive parole date; or
(4) The inmate's effective parole date.
(a) The authority to approve furloughs in Bureau of Prisons institutions isdelegated to the Warden or Acting Warden. This authority may not be furtherdelegated. An inmate may be authorized a furlough:
(1) To be present during a crisis in the immediate family, or in other urgentsituations;
(2) To participate in the development of release plans;
(3) To reestablish family and community ties;
(4) To participate in selected educational, social, civic, religious, andrecreational activities which will facilitate release transition;
(5) To transfer directly to another institution or to a non-federal facility;
(6) To appear in court in connection with a civil action;
(7) To comply with an official request to appear before a grand jury, or tocomply with a request from a legislative body or regulatory or licensing agency;
(8) To appear in a criminal court proceeding, but only when the use of afurlough is requested or recommended by the applicable court or prosecutingattorney; or
(9) To participate in special training courses or in institution workassignments, including Federal Prison Industries (FPI) work assignments, of 30calendar days or less, when daily commuting from the institution is notfeasible.
(b) The Warden may recommend a furlough for an inmate to obtain necessarymedical, surgical, psychiatric, or dental treatment not otherwise available. Inaddition to the recommendation of the Warden, a furlough of this nature requiresthe recommendation of the Chief Medical Officer (Chief of Health Programs).Approval for a furlough of this type occurs in one of the following ways:
(1) Staff shall contact the Regional Health Services Administrator forapproval when the cost of medical care is at the expense of the government. Incase of medical emergency, staff may authorize a furlough for hospitalizationand shall notify the Regional Health Services Administrator as soon after theemergency admission as possible.
(2) When medical care expenditures are borne by the inmate, or other non-governmental source, the furlough request requires the approval of the MedicalDirector and the Assistant Director, Correctional Programs Division.
(c) The Warden may refer a request for a furlough in other situations throughthe Regional Director to the Assistant Director, Correctional Programs Divisionfor approval.
(a) Except as provided in paragraphs (b) and (c) of this section, the inmateor the inmate's family or other appropriate source approved by the Warden shallbear all expenses of a furlough, including transportation, food, lodging, andincidentals.
(b) The government may bear the expense of a furlough only when the purposeof the furlough is to obtain necessary medical, surgical, psychiatric, or dentaltreatment not otherwise available, or to transfer an inmate to anothercorrectional institution (includes community corrections centers), or, if it isfor the primary benefit of the government, to participate in special trainingcourses or institutional work assignments (including FPI work assignments) asoutlined in § 570.32(a)(9).
(c) The Warden may allow an inmate scheduled for transfer to a communitycorrections center (CCC) to choose the means of transportation to the CCC if alltransportation costs are borne by the inmate. An inmate traveling under theseprovisions is expected to go directly as scheduled from the institution to theCCC.
(a) Except as provided in paragraph (b) of this section, the Warden may granta furlough only to an inmate with community custody.
(b) The Warden may grant a furlough to an inmate with “out”custody only when the furlough is for the purpose of transferring directly toanother institution (except community corrections centers) or for obtaininglocal medical treatment not otherwise available at the institution.
(c) The Warden may grant a furlough only to an inmate the Warden determinesto be physically and mentally capable of completing the furlough.
(d) The Warden may grant a furlough only to an inmate who has demonstratedsufficient responsibility to provide reasonable assurance that furloughrequirements will be met.
(e) The Warden shall determine the eligibility of an inmate for furlough inaccord with the inmate's anticipated release date and the basis for the furloughrequest.
(1) The Warden may approve only an emergency furlough (family crisis or otherurgent situation) for an inmate who has been confined at the initiallydesignated institution for less than 90 days.
(2) The Warden may approve only an emergency furlough for an inmate with morethan two years remaining until the inmate's anticipated release date.
(3) The Warden may approve a day furlough for an inmate with two years orless remaining until the inmate's anticipated release date.
(4) The Warden may approve an overnight furlough within the institution'scommuting area for an inmate with 18 months or less remaining until the inmate'santicipated release date.
(5) The Warden may approve an overnight furlough outside the institution'scommuting area for an inmate with one year or less remaining until the inmate'santicipated release date. The Warden may ordinarily approve an overnightfurlough not to exceed once each 90 days.
(6) If the Warden approves a furlough outside the above guidelines, theWarden shall document the reasons in the inmates's central file.
(a) The Warden ordinarily may not grant a furlough to an inmate convicted ofa serious crime against the person and/or whose presence in the community couldattract undue public attention, create unusual concern, or depreciate theseriousness of the offense. If the Warden approves a furlough for such aninmate, the Warden must place a statement of the reasons for this action in theinmate's central file.
(b) The Warden may approve a furlough for an inmate classified a centralmonitoring case upon compliance with the requirements of this rule and therequirements of part 524, subpart F.
(c) Staff at a contract facility may approve a furlough for a sentencedinmate housed in the contract facility as specified in that facility's writtenagreement with the Bureau of Prisons.
(d) The Bureau of Prisons does not have the authority to furlough U.S.Marshals prisoners in contract jails. Staff are to refer requests for suchfurloughs to the U.S. Marshals.
(e) Furlough for pretrial inmates will be arranged in accordance with therule on pretrial inmates (see part 551, subpart J).
(a) An inmate who meets the eligibility requirements of this rule may submitto staff an application for furlough.
(b) Before approving the application, staff shall verify that a furlough isindicated.
(c) Staff shall notify an inmate of the decision on the inmate's applicationfor furlough. Where an application for furlough is denied, staff shall notifythe inmate of the reasons for denial.
(d) Each inmate who is approved for a furlough must agree to abide by thespecified conditions (table 1) of the furlough.
1. I will not violate the laws of any jurisdiction (federal, state, orlocal). I understand that I am subject to prosecution for escape if I fail toreturn to the institution at the designated time.
2. I will not leave the area of my furlough without permission, with theexception of traveling to the furlough destination, and returning to theinstitution.
3. While on furlough status, I understand that I remain in the custody of theU.S. Attorney General. I agree to conduct myself in a manner not to bringdiscredit to myself or to the Bureau of Prisons. I understand that I am subjectto arrest and/or institution disciplinary action for violating any conditions(s)of my furlough.
4. I will not purchase, possess, use, consume, or administer any narcoticdrugs, marijuana, intoxicants in any form, nor will I frequent any place wheresuch articles are unlawfully sold, dispensed, used, or given away.
5. I will not use any medication that is not prescribed and given to me bythe institution medical department for use or prescribed by a licensed physicianwhile I am on furlough. I will not have any medical/dental/surgical/psychiatrictreatment without the written permission of staff, except where an emergencyarises and necessitates such treatment. I will notify institution staff of anyprescribed medication or treatment received in the community upon my return tothe institution.
6. I will not have in my possession any firearm or other dangerous weapon.
7. I will not get married, sign any legal papers, contracts, loanapplications, or conduct any business without the written permission of staff.
8. I will not associate with persons having a criminal record or with thosepersons who I know are engaged in illegal occupations.
9. I agree to contact the institution (or United States Probation Officer) inthe event of arrest, or any other serious difficulty or illness.
10. I will not drive a motor vehicle without the written permission of staff.I understand that I must have a valid driver's license and sufficient insuranceto meet any applicable financial responsibility laws.
11. I will not return from furlough with any article I did not take out withme (for example, clothing, jewelry, or books). I understand that I may bethoroughly searched and given a urinalysis and/or breathalyzer and/or othercomparable test upon my return to the institution. I understand that I will beheld accountable for the results of the search and tests(s).
12. Special Instructions:
I have read, or had read to me, and I understand the above conditionsconcerning my furlough and agree to abide by them.
(e) Upon completion of an inmate's furlough, staff shall record in theinmate's central file anything unusual which occurred during the furlough.
An inmate who absconds from furlough or fails to meet any of the conditionsof the furlough is deemed to be an escapee under 18 U.S.C. 4082, 751.
(a) Staff shall process as an escapee an inmate who absconds from furlough.
(b) Staff may take disciplinary action against an inmate who fails to complywith any of the conditions of the furlough.
50 FR 48366, Nov. 22, 1985, unless otherwise noted.
The Bureau of Prisons provides approved inmates with staff-escorted tripsinto the community for such purposes as receiving medical treatment nototherwise available, for visiting a critically-ill member of the inmate'simmediate family, or for participating in program or work-related functions.
(a) Medical escorted trips are intended to provide an inmate with medicaltreatment not available within the
(1)
(2)
(b) The Clinical Director or designee is responsible for determining whethera medical escorted trip is appropriate.
(c)
(d)
(a) Non-medical escorted trips allow an inmate to leave the institution understaff escort for approved, non-medical reasons. There are two types of non-medical escorted trips.
(1)
(2)
(b)
(1) The government assumes the salary expenses of escort staff for the firsteight hours of each day. All other expenses, including transportation costs, areassumed by the inmate, the inmate's family, or other appropriate source approvedby the Warden. The necessary funds must be deposited to the inmate's trust fundaccount prior to the trip. Funds paid by the inmate for purposes of the escortedtrip are then drawn, payable to the Treasury of the United States. Unexpendedfunds are returned to the inmate's trust fund account following the completionof the trip.
(2) A request for an inmate to receive an emergency non-medical escorted tripis prepared by unit staff, forwarded through the appropriate staff for screeningand clearance, and then submitted to the Warden. Except as specified in§ 570.43, the Warden may approve an inmate for an emergency non-medical escorted trip.
(c)
Only the Regional Director may approve a non-medical escorted trip (eitheremergency or non-emergency) for an inmate determined to require a high degree ofcontrol and supervision.
Inmates under escort will be within the constant and immediate visualsupervision of escorting staff at all times. Restraints may be applied to aninmate going on an escorted trip, after considering the purpose of the escortedtrip and the degree of supervision required by the inmate. Except for escortedtrips for a medical emergency, an inmate going on an escorted trip must agree inwriting to the conditions of the escorted trip (for example, agrees not toconsume alcohol).
(a) Staff shall process as an escapee an inmate who absconds from an escortedtrip.
(b) Staff may take disciplinary action against an inmate who fails to complywith any of the conditions of the escorted trip.
5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealedin part as to offenses committed on or after November 1, 1987), 3582, 3621,3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed onor after November 1, 1987), 4161-4166 and 4201-4218 (Repealed as tooffenses committed on or after November 1, 1987), 5006-5024 (RepealedOctober 12, 1984, as to offenses committed after that date), 5031-5042; 28U.S.C. 509, 510; U.S. Const., Art. II, Sec. 2; 28 CFR 1.1-1.10.
44 FR 38254, June 29, 1979, unless otherwise noted.
59 FR 35456, July 11, 1994, unless otherwise noted.
The Bureau of Prisons recognizes that an inmate's preparation for releasebegins at initial commitment and continues throughout incarceration
The Warden shall designate to a staff member the responsibility to:
(a) Determine the general release needs of the inmate population;
(b) Coordinate the institution release preparation program;
(c) Chair the Release Preparation Program Committee;
(d) Contact and schedule volunteers from the local community to participatein the release preparation program.
(a) Staff shall structure the release preparation program to make extensiveuse of staff, inmate, and community resources.
(b) Staff shall strongly encourage and support an inmate's participation inthe institution release preparation program. Staff shall document the inmate'sparticipation in the program in the inmate's central file.
(a) The institution release preparation program shall be administered by theRelease Preparation Program Committee.
(b) The institution release preparation program will be based on a corecurriculum of topics/courses organized into six broad categories. The sixcategories are:
(1) Health and nutrition.
(2) Employment.
(3) Personal finance/consumer skills.
(4) Information/community resources.
(5) Release requirements and procedures.
(6) Personal growth and development.
(c) To assist in the release process, the Warden may, in accordance with theBureau of Prisons' rule on furloughs, grant an inmate a furlough for releasepreparation purposes.
(d) Staff shall help an inmate obtain proper identification (social securitycard, driver's license, birth certificate, and/or any other documents needed bythe inmate) prior to release.
(e) An inmate who is not being released through a Community CorrectionsCenter (CCC) may ask staff to request the assistance of a United StatesProbation Officer in establishing a release plan. Bureau staff are to encouragethe inmate to give at least one employment lead or contact. Where the inmate orthe inmate's family has already identified employment, the case manager shallnotify the United States Probation Officer so that the usual verification ofrelease plans may be made. Where employment has not been identified, the casemanager shall notify the United States Probation Officer of the employment need.This notification should ordinarily occur at least six weeks prior to theinmate's release.
56 FR 23480, May 21, 1991, unless otherwise noted.
It is the policy of the Bureau of Prisons that an inmate being released tothe community will have suitable clothing, transportation to the inmate'srelease destination, and some funds to use until he or she begins to receiveincome. Based on the inmate's need and financial resources, a discretionarygratuity up to the amount permitted by statute may be granted.
(a) An inmate is eligible for a gratuity as determined by the availability ofpersonal and community resources. Greater consideration may be given to aninmate without funds or community resources.
(b) A federal prisoner boarded in a non-federal facility is eligible for arelease gratuity. The director of the non-
(c) An inmate who is without personal funds may receive a gratuity whentransferred to a community corrections center. The amount shall enable theinmate to care for needs in transit and allow for the purchase of necessarypersonal items upon arrival.
(d) Staff shall provide the inmate released to a detainer with information onhow to apply for a gratuity if released prior to expiration of the federalsentence.
(e) Staff will ensure that each alien released to immigration authorities forthe purpose of release or transfer to a community corrections center has $10cash. This provision does not apply to aliens being released for the purpose ofdeportation, exclusion, or removal, or to aliens detained or serving 60 days orless in contract facilities.
(a) Staff shall provide release clothing appropriate for the time of year andthe inmate's geographical destination. Upon request, work clothing will beprovided. Nonavailability of work clothing may limit this practice.
(b) Inmates transferring to a community corrections center will be providedadequate clothing to complete a job search and perform work. Additionally, anouter garment, seasonably suited for the geographical destination will beprovided.
(c) Transportation will be provided to an inmate's place of conviction or tohis/her legal residence within the United States or its territories.
The Bureau of Prisons may release an inmate whose release date falls on aSaturday, Sunday, or legal holiday, on the last preceding weekday unless it isnecessary to detain the inmate for another jurisdiction seeking custody under adetainer, or for any other reason which might indicate that the inmate shouldnot be released until the inmate's scheduled release date.
(a) The release authority for inmates convicted of offenses occurring priorto November 1, 1987 is pursuant to 18 U.S.C. 4163. The number of days used under18 U.S.C. 4163 may not be added to the number of days remaining to be served torelease an inmate “as if * * * on parole” (18 U.S.C. 4164)who would otherwise have been released by expiration of sentence.
(b) The release authority for inmates sentenced under the provisions of theSentencing Reform Act of the Comprehensive Crime Control Act of 1984 foroffenses committed on/or after November 1, 1987 is pursuant to 18 U.S.C.3624(a).
An inmate may file a petition for commutation of sentence in accordance withthe provisions of 28 CFR part 1.
(a) An inmate may request from the inmate's case manager the appropriateforms (and instructions) for filing a petition for commutation of sentence.
(b) When specifically requested by the U.S. Pardon Attorney, the Director,Bureau of Prisons will forward a recommendation on the inmate's petition forcommutation of sentence.
(a) Staff shall suggest that an inmate who wishes to submit a petition forcommutation of sentence do so through
(b) When specifically requested by the U.S. Pardon Attorney, the Director,Bureau of Prisons shall submit a recommendation on the petition. Prior to makinga recommendation, the Director may request comments from the Warden at theinstitution where the inmate is confined. Upon review of those comments, theDirector will forward a recommendation on the petition to the U.S. PardonAttorney.
(c) When a petition for commutation of sentence is granted by the Presidentof the United States, the U.S. Pardon Attorney will forward the original of thesigned and sealed warrant of clemency evidencing the President's action to theWarden at the detaining institution, with a copy to the Director, Bureau ofPrisons. The Warden shall deliver the original warrant to the affected inmate,and obtain a signed receipt for return to the U.S. Pardon Attorney. The Wardenshall take such action as is indicated in the warrant of clemency.
(1) If a petition for commutation of sentence is granted, institutional staffshall recalculate the inmate's sentence in accordance with the terms of thecommutation order.
(2) If the commutation grants parole eligibility, the inmate is to be placedon the appropriate parole docket.
(d) When a petition for commutation of sentence is denied, the U.S. PardonAttorney ordinarily notifies the Warden, requesting that the Warden notify theinmate of the denial.
48 FR 48971, Oct. 21, 1983, unless otherwise noted.
This subpart establishes procedures for processing a fine, or fine and costsordered by the court with respect to an inmate convicted of an offense committedbefore November 1, 1987. When the court orders a prisoner's confinement untilpayment of a fine, or fine and costs under 18 U.S.C. 3565, the Bureau of Prisonsshall confine that inmate until the fine, or fine and costs are paid, unless theinmate qualifies for release under 18 U.S.C. 3569.
(a) An inmate held on the sole basis of his/her inability to pay such fine,or fine and costs, and whose non-exempt property does not exceed $20.00 mayrequest discharge from imprisonment on the basis of indigency (see 18 U.S.C.3569).
(b) Under 18 U.S.C. 3569, the determination of indigency may be made by aU.S. Magistrate Judge. Where the U.S. Magistrate Judge makes a finding of non-indigency based on the inmate's application for a determination of his abilityto pay the committed fine, or fine and costs, staff shall refer the applicationto the appropriate United States Attorney for the purpose of making a finaldecision on the inmate's discharge under 18 U.S.C. 3569. It is to be noted that18 U.S.C. 3569 provides for confining an inmate for nonpayment of a committedfine, or fine and costs.
(a)
(1)
(2)
(b)
(a)(1) Promptly after the inmate's commitment, staff shall inform the inmatethat there is a committed fine, or fine and costs on file, as part of thesentence. Staff shall then impound the inmate's trust fund account until thefine, or fine and costs is paid, except—
(i) The inmate may spend money from his/her trust fund account for thepurchase of commissary items not exceeding the maximum monthly allowanceauthorized for such purchases.
(ii) Staff may authorize the inmate to make withdrawals from his/her trustfund account for emergency family, emergency personal needs or furloughpurposes.
(2) This rule of impounding an inmate's trust fund account applies only whenthe inmate is confined in a federal institution. It does not apply to a federalinmate confined in a state institution or a contract community-based facility.
(b) If the inmate pays the committed fine, or fine and costs, or staff haveverified payment, staff shall document payment in the appropriate file andrelease the inmate's trust fund account from impoundment.
(c) Staff shall interview the inmate with an unpaid committed fine at least75 days prior to the inmate's release date. Staff shall explain to the inmatethat to secure release without paying the committed fine, or fine and costs infull, the inmate must make an application, on the appropriate form, to the U.S.Magistrate Judge for determination as to whether the inmate can be declaredindigent under 18 U.S.C. 3569.
(a) An inmate with a committed fine, or fine and costs who is imprisoned in afederal institution may make application for a determination of indigencydirectly to the U.S. Magistrate Judge in the district where the inmate isimprisoned under 18 U.S.C. 3569.
(b) After completion of the application, staff shall offer to forward thecompleted forms and any other applicable information the inmate chooses to theU.S. Magistrate Judge.
(c) If the U.S. Magistrate Judge finds that the inmate is indigent, the U.S.Magistrate Judge will administer the oath to the inmate. The inmate shall bereleased no earlier than the regularly established release date.
(d) If the U.S. Magistrate Judge finds that the inmate is not indigent,Bureau staff shall forward a referral package to the appropriate United StatesAttorney for a final determination as to the inmate's ability to pay thecommitted fine, or fine and costs.
(a) Inmates with a committed fine, or fine and costs may be transferred tocontract community-based facilities, state institutions as boarders, or stateinstitutions for service of federal sentences running concurrently with statesentences.
(b) Inmates with a committed fine, or fine and costs may be committeddirectly to contract community-based facilities or state institutions asboarders or may be designated to state institutions for service of federalsentences running concurrently with state sentences.
(c) An inmate with a committed fine, or fine and costs who is imprisoned in acontract community-based facility or state institution and desires to makeapplication for a determination of ability to pay the committed fine, or fineand costs under 18 U.S.C. 3569 may make application directly to the U.S.Magistrate Judge.
(d) Upon receipt of a finding by the U.S. Magistrate Judge that the inmate isnot indigent, Bureau staff shall forward a referral package to the appropriateUnited States Attorney for a final determination as to the inmate's ability topay the committed fine, or fine and costs.
59 FR 1238, Jan. 7, 1994, unless otherwise noted.
Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau ofPrisons, may make an inmate with a minimum term sentence immediately eligiblefor parole by reducing the minimum term of the sentence to time served. Under 18U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of theBureau of Prisons, may reduce the term of imprisonment of an inmate sentencedunder the Comprehensive Crime Control Act of 1984. The Bureau uses 18 U.S.C.4205(g) and 18 U.S.C. 3582(c)(1)(A) in particularly extraordinary or compellingcircumstances which could not reasonably have been foreseen by the court at thetime of sentencing.
(a) A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) shall besubmitted to the Warden. Ordinarily, the request shall be in writing, andsubmitted by the inmate. An inmate may initiate a request for considerationunder 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when there are particularlyextraordinary or compelling circumstances which could not reasonably have beenforeseen by the court at the time of sentencing. The inmate's request shall at aminimum contain the following information:
(1) The extraordinary or compelling circumstances that the inmate believeswarrant consideration.
(2) Proposed release plans, including where the inmate will reside, how theinmate will support himself/herself, and, if the basis for the request involvesthe inmate's health, information on where the inmate will receive medicaltreatment, and how the inmate will pay for such treatment.
(b) The Bureau of Prisons processes a request made by another person onbehalf of an inmate in the same manner as an inmate's request. Staff shall refera request received at the Central Office or at a Regional Office to the Wardenof the institution where the inmate is confined.
(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or3582(c)(1)(A) only after review of the request by the Warden, the RegionalDirector, the General Counsel, and either the Medical Director for medicalreferrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.
(1) The Warden shall promptly review a request for consideration under 18U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of therequest determines that the request warrants approval, the Warden shall referthe matter in writing with recommendation to the Regional Director.
(2) If the Regional Director determines that the request warrants approval,the Regional Director shall prepare a written recommendation and refer thematter to the Office of General Counsel.
(3) If the General Counsel determines that the request warrants approval, theGeneral Counsel shall solicit the opinion of either the Medical Director or theAssistant Director, Correctional Programs Division depending upon the nature ofthe basis of the request. With this opinion, the General Counsel shall forwardthe entire matter to the Director, Bureau of Prisons, for final decision.
(4) If the Director, Bureau of Prisons, grants a request under 18 U.S.C.4205(g), the Director will contact the U.S. Attorney in the district in whichthe inmate was sentenced regarding moving the sentencing court on behalf of theBureau of Prisons to reduce the minimum term of the inmate's sentence to timeserved. If the Director, Bureau of Prisons, grants a request under 18 U.S.C.3582(c)(1)(A), the Director will contact the U.S. Attorney in the district inwhich the inmate was sentenced regarding moving the sentencing court on behalfof the Director of the Bureau of Prisons to reduce the
(b) Upon receipt of notice that the sentencing court has entered an ordergranting the motion under 18 U.S.C. 4205(g), the Warden of the institution wherethe inmate is confined shall schedule the inmate for hearing on the earliestParole Commission docket. Upon receipt of notice that the sentencing court hasentered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Wardenof the institution where the inmate is confined shall release the inmateforthwith.
(c) In the event the basis of the request is the medical condition of theinmate, staff shall expedite the request at all levels.
(a) When an inmate's request is denied by the Warden or Regional Director,the disapproving official shall provide the inmate with a written notice andstatement of reasons for the denial. The inmate may appeal the denial throughthe Administrative Remedy Procedure (28 CFR part 542, subpart B).
(b) When an inmate's request for consideration under 18 U.S.C. 4205(g) or3582(c)(1)(A) is denied by the General Counsel, the General Counsel shallprovide the inmate with a written notice and statement of reasons for thedenial. This denial constitutes a final administrative decision.
(c) When the Director, Bureau of Prisons, denies an inmate's request, theDirector shall provide the inmate with a written notice and statement of reasonsfor the denial within 20 workdays after receipt of the referral from the Officeof General Counsel. A denial by the Director constitutes a final administrativedecision.
(d) Because a denial by the General Counsel or Director, Bureau of Prisons,constitutes a final administrative decision, an inmate may not appeal the denialthrough the Administrative Remedy Procedure.
The Bureau of Prisons has no authority to initiate a request under 18 U.S.C.4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed in Bureau ofPrisons facilities or D.C. Code offenders confined in federal institutions. TheBureau of Prisons cannot initiate such a motion on behalf of federal offenderswho committed their offenses prior to November 1, 1987, and received non-parolable sentences.
63 FR 69387, Dec. 16, 1998, unless otherwise noted.
The Director of the Bureau of Prisons is required to provide release andregistration information (offender's name, criminal history, projected address,release conditions or restrictions) to state/local law enforcement andregistration officials at least five calendar days prior to release of offenderswho have been convicted of certain sexual offenses listed in 18 U.S.C.4042(c)(4)(A) through (D). Under 18 U.S.C. 4042(c)(4)(E), the Attorney Generalis authorized to designate additional offenses as sexual offenses for thepurpose of sex offender release notification and other related purposes. Thisauthority has been delegated to the Director.
The following offenses are designated as additional sexual offenses forpurposes of 18 U.S.C. 4042(c):
(a) Any offense under the law of any jurisdiction that involved:
(1) Engaging in sexual contact with another person without obtainingpermission to do so (forcible rape, sexual assault, or sexual battery);
(2) Possession, distribution, mailing, production, or receipt of childpornography or related paraphernalia;
(3) Any sexual contact with a minor or other person physically or mentallyincapable of granting consent (indecent liberties with a minor, statutory rape,sexual abuse of the mentally ill, rape by administering a drug or substance);
(4) Any sexual act or contact not identified in paragraphs (a)(1) through (3)of this section that is aggressive or abusive in nature (rape by instrument,
(5) An attempt to commit any of the actions described in paragraphs (a)(1)through (4) of this section.
(b) The following Defense Incident Based Reporting System (DIBRS) Codeoffenses under the Uniform Code of Military Justice:
(1) 120A (Rape);
(2) 120B1/2 (Carnal knowledge);
(3) 125A (Forcible sodomy);
(4) 125B1/2 (Sodomy of a minor);
(5) 133D (Conduct unbecoming an Officer [involving any sexually violentoffense or a criminal offense of a sexual nature against a minor or kidnaping ofa minor]);
(6) 134-B6 (Prostitution involving a minor);
(7) 134-C1 (Indecent assault);
(8) 134-C4 (Assault with intent to commit rape);
(9) 134-C6 (Assault with intent to commit sodomy);
(10) 134-R1 (Indecent act with a minor);
(11) 134-R3 (Indecent language to a minor);
(12) 134-S1 (Kidnaping of a minor (by a person not a parent));
(13) 134-Z (Pornography involving a minor);
(14) 134-Z (Conduct prejudicial to good order and discipline (involvingany sexually violent offense or a criminal offense of a sexual nature against aminor or kidnaping of a minor));
(15) 134-Y2 (Assimilative crime conviction (of a sexually violentoffense or a criminal offense of a sexual nature against a minor or kidnaping ofa minor)).
(16) 080-A (Attempt (to commit any offense listed in paragraphs(b)(1)—(15) of this section));
(17) 081-A (Conspiracy (to commit any offense listed in paragraphs(b)(1)—(15) of this section));
(18) 082-A (Solicitation (to commit any offense listed in paragraphs(b)(1)—(15) of this section)).
(c) The following District of Columbia Code offenses:
(1) § 22-501 (Assault) if it includes assault with theintent to commit first degree sexual abuse, second degree sexual abuse, or childsexual abuse;
(2) § 22-2012 (Sexual performances usingminors—prohibited acts);
(3) § 22-2013 (Sexual performances usingminors—penalties);
(4) § 22-2101 (Kidnaping) where the victim is a minor;
(5) § 22-2401 (Murder in the first degree) if it includesmurder while committing or attempting to commit first degree sexual abuse;
(6) § 22-2704 (Abducting or enticing child from his or herhome for purposes of prostitution; harboring such child);
(7) § 22-4102 (First degree sexual abuse);
(8) § 22-4103 (Second degree sexual abuse);
(9) § 22-4104 (Third degree sexual abuse);
(10) § 22-4105 (Fourth degree sexual abuse);
(11) § 22-4106 (Misdemeanor sexual abuse);
(12) § 22-4108 (First degree child sexual abuse);
(13) § 22-4109 (Second degree child sexual abuse);
(14) § 22-4110 (Enticing a child);
(15) § 22-4113 (First degree sexual abuse of a ward);
(16) § 22-4114 (Second degree sexual abuse of a ward);
(17) § 22-4115 (First degree sexual abuse of a patient orclient);
(18) § 22-4116 (Second degree sexual abuse of a patient orclient);
(19) § 22-4118 (Attempts to commit sexual offenses);
(20) § 22-4120 (Aggravating circumstances).
(21) § 22-103 (Attempts to commit crime) if it includes anattempt to commit any offense listed in paragraphs (c)(1)-(20) of thissection.
5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082 (Repealedin part as to offenses committed on or after November 1, 1987), 4205, 5015(Repealed October 12, 1984 as to offenses committed after that date), 5039; 28U.S.C. 509, 510; 28 CFR 0.95-0.99.
The Bureau of Prisons provides the U.S. Parole Commission with a ViolatorReport for use at the revocation hearing of a parole or mandatory releaseviolator, when that hearing is conducted in an institution of the Bureau ofPrisons.
Staff shall prepare the Violator Report to include the following information:
(a) The inmate's original offense, sentence imposed, date and district;
(b) Description of release procedure;
(c) Alleged violation(s) of parole or mandatory release;
(d) Inmate's comments concerning the alleged violation(s);
(e) An outline of the inmate's activities while under supervision on paroleor mandatory release; and
(f) At the option of the inmate, statement of current release plans andavailable community resources.
18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains thecontrolling law for inmates whose offenses occurred prior to that date. Forinmates whose offenses occurred on or after November 1, 1987, the applicablestatute is 18 U.S.C. 3582(c)(1)(A). Procedures for compassionate release of aninmate under either provision are contained in 28 CFR part 571, subpart G.