U.S. Department of JusticeFederal Bureau of Prisons

LEGAL RESOURCE GUIDETO THEFEDERAL BUREAU OF PRISONS
2019*

Statutes, regulations, case law, and agency policies (Program Statements) referred to in this Guide
are current as of February 2019.

Table of Contents
I.

INTRODUCTIONA.
The Bureau of Prisons Mission
B.
This Publication
C.
Websites
D.
District of Columbia (D.C.) Code Felony Offenders

1
2
2
2
3

II.

PRETRIAL ISSUES
A.
Pretrial Detention
B.
Pretrial Inmate Health Care

3
3
3

III.

EVALUATION OF OFFENDER MENTAL CAPACITY
A.
Pretrial: Mental Evaluation and Commitment: 18 U.S.C. § 4241
B.
Pretrial: Determination of Insanity at Time of Offense and Commitment:
18 U.S.C. §§ 4242, 4243
C.
Conviction and Pre-Sentencing Stage: Mental Condition
Prior to Time of Sentencing: 18 U.S.C. §4244
D.
Post-Sentencing Hospitalization: 18 U.S.C. § 4245
E.
Hospitalization of Mentally Incompetent Person Due for Release:
18 U.S.C. § 4246
F.
Civil Commitment of a Sexually Dangerous Person: 18 U.S.C. § 4248
G.
Examination of an Inmate Eligible for Parole: 18 U.S.C. § 4205
H.
Presentence Study and Psychological or Psychiatric Examination:
18 U.S.C. § 3552(b)-(c)I.
State Custody, Remedies in Federal Courts: 28 U.S.C. § 2254;
Prisoners in State Custody Subject to Capital Sentence,
Appointment of Counsel, Requirement of Rule of Court or Statute,
Procedures for Appointment: 28 U.S.C. § 2261

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SENTENCING ISSUESA.
Probation and Conditions of Probation
1.
Community Confinement
2.
Intermittent Confinement
3.
Home Detention

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10
10
10
10

IV.

ii

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6
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8
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B.

Imprisonment
1.
Institutional Confinement
2.
Service of Sentence in Non-Federal Facilities
3.
Juvenile Offenders
Judgment in a Criminal Case
1.
Judicial Recommendations for a Specific Institution,
Geographic Area, or Specialized Program
2.
Sentence Calculation
3.
Commencement of a Term of Imprisonment
4.
Credit for Prior Custody5.
Credit for Satisfactory Behavior (“Good Conduct Time”)
6.
Fines and Costs of Confinement
7.
Inmate Financial Responsibility Program

10
11
11
11
12

POST-CONVICTION ISSUESA.
Designation to a Facility for Service of a Term of Imprisonment
1.
Security Designation and Custody Classification
2.
DNA Collection
3.
Transportation to a Designated Institution
4.
Interstate Agreement on Detainers
5.
Central Inmate Monitoring System
6.
Communication Management Units
7.
Special Management Units
B.
Admission and Orientation Program for Inmates
C.
Programs and General Services
1.
Education and Recreation Programs
2.
Religious Programs
3.
Food Service
4.
Work Programs and UNICOR
5.
Inmate Accident Compensation(a)
Lost-Time Wage Program(b)Compensation for Work-Related Physical Impairment
or Death
6.
Female Offenders(a)Birth Control and Pregnancy(b)Abortion
7.
Transgender Offenders(a)Designation and Housing(b)
Treatment

16
16
16
17
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18
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19
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20
21
21
21
22
22

C.

V.

iii

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12
13
13
14
14
15

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D.

E.
F.

G.
H.
I.
J.

K.

(c)
Searches of Transgender Inmates(d)
Clothing and Commissary Items
8.
Substance Abuse Treatment
9.
Urine Surveillance Program
10.
Medical Services(a)Medical Services Available to Sentenced Offenders(b)
Federal Medical Centers(c)Voluntary Mental Health and Medical Treatment(d)Managing Infectious Disease11.
Mental Health Counseling and Treatment Services(a)Involuntary Mental Health Treatment(b)
Mental Health Programs(c)
Sex Offender Management and Treatment(d)Implementation of the Prison Rape Elimination Act of2003
Visiting, Telephones, and Correspondence
1.
Visiting
2.
Telephones
3.
Written and Electronic Correspondence
Inmate Discipline Procedure
Inmate Access to Court
1.
Law Libraries
2.
Preparation of Legal Documents
3.
Attorneys
4.
Legal Mail
5.
Unmonitored Legal Telephone Calls
6.
Inmate Involvement in Litigation While Incarcerated(a)
Depositions(b)
Subpoenas(c)Services of Process on Inmates(d)State Court Appearance of an Inmate(e)
Inmate Access to Electronic Discovery Materials
Administrative Remedy Program
Inmate Personal Property
Inmate Liens
Special Administrative Measures
1.
National Security Cases
2.
Prevention of Acts of Violence and Terrorism
Family Emergencies and Temporary Releases
iv

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25
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26
27
27
28
29
30
30
31
31
31
32
33
33
33
34
35
35
35
36
36
36
37
37
37
38
38
38
39
39
41
41
42
42
42
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L.

M.
VI.

1.
Furloughs
2.
Escorted Trips
Release1.
Early Release from Prison(a)Executive Clemency(b)Reduction in Sentence2.
Parole3.
Pre-Release or Community Confinement
4.
Home Confinement
Notification to Community of the Release of an Offender

CONCLUSION

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VII. APPENDICES
Appendix A – Summary Table: Application of Title 18 U.S.C. Ch. 313:
Offenders with Mental Disease or Defect48

Appendix B – Regional Counsel and Consolidated Legal Center Offices

53

Appendix C – Relevant Acronyms and Abbreviations

55

v

I.

INTRODUCTION

The Federal Bureau of Prisons (BOP), an agency of the United States Department of Justice(DOJ), was established in 1930 to provide more progressive and humane care for federal inmates,
to professionalize the prison service, and to ensure consistent and centralized administration of the
11 federal prisons in operation at that time. Today, the BOP consists of more than 122
institutions, six Regional Offices, a Central Office (headquarters) located in Washington, D.C., a
Designation and Sentence Computation Center (DSCC) located in Grand Prairie, Texas, two staff
training centers, and 24 Residential Reentry Management (RRM) Offices. Regional Offices andthe Central Office provide administrative oversight and support to the institutions and RRMs.
The DSCC completes designations and sentence computations for the majority of inmates in BOP
custody; the Office of Medical Designations and Transportation (OMDT) will assign thoseinmates with specific medical needs. RRMs oversee Residential Reentry Centers (RRCs) andhome confinement programs. Inmates may be designated to any one of a number of BOP
facilities: a United States Penitentiary (USP); a Federal Correctional Institution (FCI); a Federal
Medical Center (FMC); a Federal Prison Camp (FPC); a Federal Detention Center (FDC); an
Administrative Maximum Facility (ADX); or to a contract facility. Often, institutions with varied
security levels, are co-located, at a Federal Correctional Complex (FCC).
The BOP is responsible for the custody and care of sentenced federal inmates as well as asignificant number of pretrial detainees and pre-sentenced offenders housed in our facilities onbehalf of the United States Marshals Service (USMS). The BOP also has custodial responsibility
for District of Columbia felons sentenced to terms of imprisonment, and houses a number of stateand military offenders on a contractual basis. The current inmate population exceeds 180,000
men and women, housed in both federal prisons and in private facilities under contract with the
BOP. Approximately 18,000 inmates are housed in 11 contract facilities under the oversight of
the BOP Privatization Management Branch.
Federal Prison Industries (tradename “UNICOR”) and the National Institute of Corrections arecomponents of the BOP. UNICOR is managed by a Board of Directors, and the Director of the
BOP serves as Chief Executive Officer. Created by Congress in 1934, this wholly-owned
government corporation provides inmates with needed prison employment and the opportunity tolearn marketable skills. Items produced in UNICOR factories are sold to government agencies
nationwide. Many BOP institutions house a UNICOR factory or service.
The National Institute of Corrections (NIC), established in 1974, provides training, technicalassistance, information services and cooperative agreement awards to service provider groups, andwill directly assist state and local corrections agencies. The NIC Director and 16-member
Advisory Board, appointed by the Attorney General, advise assistance strategies and manage theInstitute’s funding priorities.
BOP contracts with private firms with correctional expertise to operate prisons to house felony
offenders, predominantly criminal aliens, who might otherwise be incarcerated in BOP facilities.
The contractor is required to adhere to most BOP policies for offender management, and has
1

day-to-day operations responsibility, with general oversight by the BOP Privatization
Management Branch.

A.

The Bureau of Prisons Mission

The mission of the BOP is to protect society by confining offenders in the controlled environmentof prisons and community-based facilities that are safe, humane, cost-efficient and appropriately
secure, and to provide work and other self-improvement opportunities to assist offenders inbecoming law-abiding citizens.
The federal prison system is the largest correctional system in the United States. With
approximately 50,000 to 60,000 inmates released from federal prisons back to U.S. communities
each year, reentry is a critical element of the mission of the BOP.
The BOP's longstanding philosophy regarding reentry is that preparation for reentry begins on thefirst day of incarceration. To support reentry efforts, the BOP has changed its focus from anemphasis on clinical assessment and program participation to a competency-based model thatmeasures success by skill acquisition and ultimately successful community transition.

B.

This Publication

This publication is intended to serve as a guide to relevant statutes, regulations, policy documents,
and current case law concerning issues the BOP faces today. It provides a general overview of the
BOP, its services, and its programs. Statutes, regulations, case law, and agency policies (Program
Statements), referred to in this Guide may have been changed since publication. Thus, readers areadvised to review the website and confirm cited legal references when exploring BOP matters.
BOP legal staff are located in the Office of General Counsel in Washington, D.C., RegionalCounsel’s offices, and in Consolidated Legal Centers (CLCs) servicing individual institutions (seeAppendix B). Further inquiries may be directed to the appropriate CLC.

C.

Websites

The BOP Internet home page is located at www.bop.gov. Consult the site for population data,
policies/Program Statements, a directory of BOP facilities and offices, inmate locator information,
employment opportunities, directions for inquiries under the Freedom of Information Act, andlinks to other relevant internet sites. The site for the National Institute of Corrections iswww.nicic.gov. UNICOR’s site is www.UNICOR.gov.

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D.

District of Columbia (D.C.) Code Felony Offenders

By virtue of Section 11201 of Chapter 1 of Subtitle C of Title XI of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Revitalization Act), enacted
August 5, 1997, Pub. L. No. 105-33, the BOP administers the imprisonment terms of felony
offenders convicted under the D.C. criminal code. The BOP has broad authority to provide forthe “custody, care, subsistence, education, treatment and training” of D.C. Code felony offenders
in its custody “consistent with the sentence[s] imposed.” D.C. Code § 24-101(a)-(b). With few
exceptions, BOP manages D.C. Code offenders no differently from U.S. Code offenders.

II.

PRETRIAL ISSUES
A.

Pretrial Detention

The BOP and USMS cooperate to manage the allocation of federal detention bedspace. Pretrial
inmates may be detained at BOP detention centers, and at other BOP facilities pending prosecution
and/or sentencing. The USMS acquires detention bedspace through agreements with state andlocal governments, and contracts with private vendors, in addition to the available BOP pretrial
cells. The development of necessary detention resources in key districts, while emphasizing
appropriately structured community supervision alternatives for non-violent offenders, is theprimary focus of this cooperative effort. To the extent practicable, pretrial inmates in BOP
facilities are separated from sentenced inmates, in accordance with 18 U.S.C. § 3142(i)(2).
Should a court have concerns about conditions of confinement, access to medical care, or any otherissue relating to a defendant’s pretrial detention in a BOP facility, the BOP requests theopportunity to address such concerns prior to the issuance of a court order. See 28 C.F.R. pt. 551,
subpt. J; Pretrial Inmates, Program Statement 7331.04. Parties raising such issues tend to seek
injunctive release in the form of an order compelling or directing the custodian of the detainee toaffirmatively act in some way or refrain from action. As the Warden or other custodian is not a
party to the criminal prosecution, the government attorney litigating the matter is urged to contact
the Warden or the BOP legal office at the affected institution for assistance in responding to theconcerns.

B.

Pretrial Inmate Health Care

Pretrial detainees held in BOP institutions are provided medical care on site by BOP staff andcontractors. The BOP is responsible for the costs associated with medical care provided in
BOP-managed institutions and in the local community. The USMS is responsible for thetransportation of pretrial inmates in its custody to community-based medical services with the
exception of USMS inmates housed at Consolidated Sites (i.e., MDC Brooklyn, FDC Miami,
MCC New York, MDC Guaynabo, FMC Fort Worth and FCI Seagoville). The USMS willcontract for community medical providers as necessary to address the needs of inmates held in
non-BOP facilities.
3

There is virtually no health care issue that would preclude a defendant from commitment to afederal institution. Medical care is available in all BOP facilities. Male inmates whose healthcare needs exceed those services available in a typical institution may be transferred to a BOP
Federal Medical Center in Springfield, Missouri; Rochester, Minnesota; Butner, North Carolina;
Lexington, Kentucky; Fort Worth, Texas; or Devens, Massachusetts. Female inmates will betransferred to the Federal Medical Center Carswell in Fort Worth, Texas. Should an inmate
require more specialized care, the inmate is sent to an appropriate community facility.
Specialized health care for sentenced inmates is also available at a number of BOP institutions andall institutions are wheelchair accessible. See infra Section V.C.10, Medical Services.

III.

EVALUATION OF OFFENDER MENTAL CAPACITY

In 1984, as part of a major sentencing reform effort, Congress enacted comprehensive provisions
addressing the evaluation and treatment of mentally ill offenders. Title 18 U.S.C. Chapter 313,§§ 4241-4247, describes necessary judicial procedures which must be followed when an offenderappears to be, or is, currently suffering from a mental disease or defect. See 28 C.F.R
pt. 549, subpt. C; Psychology Services Manual, Program Statement 5310.17; Forensic and Other
Mental Health Evaluations, Program Statement 5070.12; Treatment and Care of Inmates with
Mental Illness, Program Statement 5310.16; Psychiatric Evaluation and Treatment, Program
Statement 6010.03; Psychiatric Services, Program Statement 6340.04. The Adam Walsh Child
Protection and Safety Act of 2006 (Walsh Act), Pub. L. No. 109-248, provides for the civil
commitment of a sexually dangerous person subsequent to the completion of the term ofincarceration, as codified in § 4248. For more information on the Walsh Act, see infra Section
V.C.11(c), Sex Offender Management and Treatment. A Summary Table of the application of
the following statutes, under Chapter 313, is attached as Appendix A.
Evaluations may be performed by an outside (non-BOP) psychologist or psychiatrist by
specifically designating that condition in the study order. If the defendant is housed in a BOP
facility, a judge may designate in the order that an outside psychologist or psychiatrist be admitted
into the facility to conduct the examination. If the defendant is housed in a local non-BOP
facility, a judge may simply designate in the order that an outside psychologist or psychiatrist be
admitted into that local non-BOP facility to conduct the examination. The designated mental
health professional must contact the institution in advance to arrange admission into the facility to
examine the inmate and avoid unnecessary delays. A court-ordered study conducted by acommunity psychologist or psychiatrist is a far quicker and less costly process. If an FMC
placement is required, the statutory timeline does not begin until the inmate is received at thedesignated facility for evaluation.

4

A.

Pretrial: Mental Evaluation and Commitment: 18 U.S.C. § 4241

Title 18 of the United States Code, § 4241, explains the procedures necessary to determine themental competency of a defendant at any time after the commencement of prosecution, and prior
to sentencing. Should there be reasonable cause to question the defendant’s competency, thecourt will order a hearing upon the motion of one of the parties, or upon its own motion.
See 18 U.S.C. § 4241(a). Prior to the hearing, the court may order the defendant to undergo a
psychiatric or psychological examination. See 18 U.S.C. § 4241(b). BOP has specially trained
forensic psychologists and limited psychiatric resources, so such evaluation orders shouldreference a psychological evaluation, or a psychiatric evaluation but only when absolutely
necessary.
The court may commit the defendant to the custody of the Attorney General for placement in asuitable facility1 to be examined for a reasonable period not to exceed 30 days, unless the directorof the examining facility requests a reasonable extension, not to exceed 15 days. See 18 U.S.C.
§ 4247(b). After the examination period expires, a report is filed with the court by the facility’s
staff, and copies are provided to counsel. The BOP strongly encourages the court to have theinitial § 4241 evaluation conducted by outside non-BOP mental health professionals. This can beaccomplished by designating the outside specialist in the study order.
Following the hearing, if the court finds by a preponderance of the evidence that the defendant ismentally incompetent, the court must commit the defendant to the custody of the Attorney Generalfor hospitalization and treatment in a suitable facility. This commitment period is for areasonable period of time, not to exceed four months, to evaluate whether there is a substantial
probability that, in the foreseeable future, restoration of competency will result. See 18 U.S.C.
§ 4241(d)(1). 2
An additional commitment period may be ordered if the charges have not been disposed of, and thecourt determines there is a substantial probability that the defendant will become competent tostand trial in the foreseeable future. See 18 U.S.C. § 4241(d)(2). The defendant cannot,
however, be committed for a determination of his or her competency to stand trial for a period
longer than the maximum possible sentence he or she faces. See United States v. DeBellis,
649 F.2d 1 (1st Cir. 1981). If the defendant becomes competent to stand trial during theexamination period, the director of the examining facility files a certificate with the court statingsuch. A second competency hearing is held and, if the defendant is shown to be competent by apreponderance of the evidence, the prosecution resumes. See 18 U.S.C. § 4241(e).
1

In addition to BOP and USMS contract facilities, 18 U.S.C. § 4247(i)(A) authorizes the Attorney General tocontract with states, localities, political subdivisions, or private agencies for the confinement, hospitalization, or
treatment of a person committed pursuant to 18 U.S.C. Chapter 313.
2

The Supreme Court has held that the government may, in some circumstances, involuntarily administer
antipsychotic drugs to a mentally ill defendant facing serious criminal charges in order to render the defendantcompetent to stand trial. See Sell v. United States, 539 U.S. 166 (2003).

5

B.

Pretrial: Determination of Insanity at Time of Offense andCommitment: 18 U.S.C. §§ 4242 and 4243

Pursuant to 18 U.S.C. § 4242, the prosecuting attorney, after receiving notice that the defendant
intends to rely upon the defense of insanity, may ask the court to order the defendant to undergo a
psychological or psychiatric examination. Similar to a § 4241 study as described above, the§ 4242 study may be conducted locally or, where incarceration is deemed necessary, at a BOP
facility. After the issue of insanity has been raised, the fact finder is required to reach a special
verdict of guilty; not guilty; or not guilty only by reason of insanity.
When an offender has been found not guilty only by reason of insanity, a hearing will be conductedno later than 40 days after the special verdict. See 18 U.S.C. § 4243(c). At the hearing, a person
found not guilty solely by reason of insanity has the burden of proving by clear and convincing
evidence that his or her release would not create a substantial risk of bodily injury to anotherperson or serious damage to the property of another. See 18 U.S.C. § 4243(d). Note that while
the hearing must take place within 40 days, § 4247(b) states that the examination under § 4243 may
not exceed 45 days. If the offender fails to meet the evidentiary standard, he or she will becommitted to the custody of the Attorney General.
Once the offender has been committed, the Attorney General will make continuous reasonable
efforts to release the offender to the state in which the offender was domiciled or tried, if the state
will assume responsibility for his or her custody, care, and treatment. The Attorney General has
authority to stipulate the terms and conditions under which a federal insanity acquittee will beplaced in state custody for care and treatment. See 18 U.S.C. § 4243(e). There is a continuing
federal interest in the inmate’s state placement or conditional release, and any transferredindividual cannot be unconditionally released by the state facility without the concurrence of thecommitting court. Accordingly, prior to discharge, the director of the state facility must firstcomply with 18 U.S.C. § 4243(f), and notify the committing court of the potential release.
The federal court, applying federal standards, decides whether the acquittee will, in fact, bedischarged.

C.

Conviction and Pre-Sentencing Stage: Mental Condition Prior to
Time of Sentencing: 18 U.S.C. § 4244

If a defendant is found guilty of an offense, but a question is raised as to his or her mental condition
prior to sentencing, the court may order a hearing and a mental examination to determine whether
the defendant is presently suffering from a mental disease or defect such that commitment to asuitable facility for care or treatment, in lieu of imprisonment, is appropriate. See 18 U.S.C.
§ 4244. If, after the hearing, the court finds by a preponderance of the evidence that suchplacement is appropriate, the defendant will be provisionally sentenced to the maximum term
authorized by law and committed to the custody of the Attorney General for hospitalization in asuitable facility. See 18 U.S.C. § 4244(d). If the defendant later recovers to the extent that he or
she is no longer in need of care and treatment, the defendant will proceed to final sentencing. The
6

court then has the option of modifying the provisional sentence. While the statute envisions"commitment in lieu of imprisonment,” the § 4244 defendant actually faces an indeterminate
period of commitment to a suitable facility for care or treatment; whereas, if he or she proceeds tofinal sentencing, there will be a definite term of imprisonment imposed, and the opportunity under§ 4245 to receive necessary treatment.

D.

Post-Sentencing Hospitalization: 18 U.S.C. § 4245

Title 18 U.S.C. § 4245 provides for hospitalization and treatment of sentenced inmates found to besuffering from a mental disease or defect. If an inmate refuses to consent to hospitalization forcare and treatment, § 4245 describes the method for involuntary hospitalization if necessary.
The court may order the hospitalization of an inmate for care or treatment if, after a hearing, thecourt finds by a preponderance of the evidence that the inmate is suffering from a mental disease or
defect for the treatment of which he or she is in need of hospitalization. See 18 U.S.C. § 4245(d).
Section 4245(e) provides that the commitment may be discharged upon certification from theWarden that the inmate has recovered to an extent that he or she is no longer in need of
hospitalization, or upon the expiration of the sentence of imprisonment.

E.

Hospitalization of a Mentally Incompetent Person Due for Release:
18 U.S.C. § 4246

Title 18 of the United States Code, § 4246, provides for the commitment and hospitalization of an
inmate who is scheduled for release but who is found to be suffering from a mental disease or
defect, and his or her release would create a substantial risk of bodily injury to another person, or
serious damage to the property of another. If the director of a medical facility certifies that theinmate meets the standards set forth in § 4246(a), the director will file such certificate with theclerk of court. The certificate must also certify that suitable arrangements for state custody andcare are unavailable. A defendant found not competent and not restorable to stand trial under §4241(d), is also subject to the provisions of § 4246 if he or she meets the criteria for commitment.
Once the certificate has been filed, the offender’s release is stayed. The clerk of the court will
send a copy of the certificate to the offender, to the attorney for the government, and if the person
was committed under § 4241(d), to the committing court. See 18 U.S.C. § 4246(a).
The court will order a hearing to determine whether there is clear and convincing evidence
the person suffers from a mental disease or defect, such that his or her release would create asubstantial risk of bodily injury or serious damage to property. If sufficient evidence exists, thecourt will commit the person to the custody of the Attorney General. See 18 U.S.C. § 4246(d).
The Attorney General will make continuous reasonable efforts to release the person to theappropriate official of the state in which the person is domiciled or was tried. If the state refuses
to assume responsibility for the offender’s custody, care, and treatment, the Attorney General will7

hospitalize the individual for treatment in a suitable facility until the state assumes such
responsibility or until the person’s mental condition is such that his or her full release, or
conditional release, would not pose a substantial risk of injury to other persons or damage toproperty. The director of the medical facility may initiate discharge proceedings in accordancewith § 4246(e), or counsel for the inmate may seek discharge by filing a motion for a hearing.
A motion by counsel for the inmate seeking discharge may be filed only after 180 days from thedate of a court determination that the person should continue to be committed. See 18 U.S.C.
§ 4247(h).

F.

Civil Commitment of a Sexually Dangerous Person: 18 U.S.C. § 4248

The Walsh Act, also known as the Sex Offender Registration and Notification Act (SORNA),
enacted at 42 U.S.C. § 16911, provides for the civil commitment of sexually dangerous persons.
Title 18 of the United States Code, § 4248, provides that the BOP may institute proceedings bycertifying that a person is sexually dangerous. A sexually dangerous person (SDP) is defined in§ 4247(a)(5) as one “who has engaged or attempted to engage in sexually violent conduct or childmolestation and who is sexually dangerous to others.” Pursuant to § 4247(a)(6), a person isconsidered sexually dangerous to others if he “suffers from a serious mental illness, abnormality,
or disorder as a result of which he would have serious difficulty in refraining from sexually violent
conduct or child molestation if released.” The Walsh Act requires the BOP to determine if an
inmate being released is sexually dangerous, and to submit certification to the district court where
the person is confined, to determine if civil commitment is necessary.
The BOP Sex Offender Certification Review Branch (SOCRB) oversees the civil commitment
process. SOCRB reviews the assignments of all inmates prior to release, to ascertain whether
there is any history of relevant conduct. For inmates with a record of attempted or actual sexual
violence or child molestation, an assessment is made of empirically-based static and dynamic risk
factors. Psychological and legal records are also examined. Consideration is given to a wide
range of factors including criminal history, social and family support, mental and physical health,institution conduct, and other data. The Certification Review Panel (CRP) is tasked with making
the final certification determination. Should the CRP find that an individual is an SDP,
certification may delay the inmate’s release. A United States District Judge in the federal
jurisdiction in which the offender is held will conduct a hearing and determine the merits of the
CRP finding. If the court concurs with the CRP determination, the inmate is placed in the custodyof the Attorney General as a civil commitment. Efforts are then made to secure placement with
the individual’s state of residence. If those efforts are unsuccessful, the inmate will remain in the
BOP as a resident in the Commitment and Treatment Program (CTP) until such time as the court ofcommitment determines the individual to no longer be sexually dangerous.

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G.

Examination of an Inmate Eligible for Parole: 18 U.S.C. § 4205

This statute was repealed (along with others pertaining to parole) in 1987. However, inmates
whose offenses were committed prior to November 1, 1987 (“old law”), D.C. offenders who
committed their crimes before August 5, 2000, and military offenders transferred to BOP custody
may remain parole eligible. The statute requires the BOP to furnish to the United States Parole
Commission (USPC) an evaluation of an inmate’s suitability for parole, including his or her
mental and physical health, past criminal history, and social background.

H.

Presentence Study and Psychological or Psychiatric Examination:
18 U.S.C. § 3552(b)-(c)During the presentence investigative process, the court may order the defendant to undergo a
psychological or psychiatric examination. The court will specify the additional information it
requires before determining an appropriate sentence.
This evaluation may be completed by a community consultant “unless the sentencing judge findsthat there is a compelling reason for the study to be done by the Bureau of Prisons . . . .” See 18
U.S.C. § 3552 (b). The statute allows for 60 days for the completion of the study, with anextension not to exceed 60 additional days. The format of the study report should generally
follow the format used in the other statutes, specifically addressing the court’s concerns.

I.

State Custody, Remedies in Federal Courts: 28 U.S.C. § 2254;
Prisoners in State Custody Subject to Capital Sentence, Appointmentof Counsel, Requirement of rule of Court or Statute, Procedures for
Appointment: 28 U.S.C. § 221

These sections together concern state inmates who have capital sentences and who bring a writ ofhabeas corpus before a federal court. Mental capacity evaluations, analogous to 18 U.S.C.
§ 3596(c), may be ordered by the federal judge. There is no requirement that this evaluation be
conducted in any particular facility. Since the inmate is serving a state sentence, it is appropriatethat the evaluation be completed by a licensed or certified psychiatrist or psychologist in the state
facility in which the inmate is housed.

IV.

SENTENCING ISSUESThe United States Sentencing Commission (U.S.S.C.) has published, pursuant to 28 U.S.C.
§§ 991-998, the U.S. SENTENCING GUIDELINES MANUAL, to provide a general framework for
sentencing. The following is a discussion of the most frequently used sanctions available in thefederal criminal justice system.
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A.

Probation and Conditions of Probation

The federal sentencing court may impose a sentence of probation with conditions placed on theoffender. The offender is monitored by the U.S. Probation Office.
1.

Community Confinement

As a condition of probation, a defendant may be sentenced to community confinement, defined as
residence in “a community corrections facility.” See 18 U.S.C. § 3563 (b)(11). The BOP makes
available to the courts federally-contracted Residential Reentry Centers (RRCs). An offendersubject to a term of community confinement as a condition of probation or supervised release isplaced in the most restrictive component of the RRC, and has limited access to the community.
RRCs are available for both male and female offenders. See Community Corrections Manual,
Program Statement 7300.09. The court may also place an offender in an RRC in lieu of
revocation of probation or supervised release for technical violations.
2.

Intermittent Confinement

Weekend terms and other forms of intermittent confinement may be imposed as a special
condition of probation or supervised release. See 18 U.S.C. § 3563(b)(10). Ordinarily in these
instances, the respective BOP Residential Reentry Management office will coordinate theassignment of an appropriate non-BOP detention facility, and the United States Probation Officewill monitor the defendant’s period(s) of intermittent confinement.
3.

Home Detention

Federal sentencing guidelines (U.S.S.G. § 5C1.1(c)-(e)) allow home confinement as a substitutefor imprisonment in certain instances. Title 18 of the United States Code, § 3624(c)(2), allows for
pre-release custody of an inmate in home confinement, discussed below in section K, Pre-Release
Custody. The Judgment in a Criminal Case (J&C) should specify time frames for such detention.
Ordinarily, inmates on home detention are electronically monitored through services contracted by
the Administrative Office of the United States Courts. The BOP is not involved in the
post-release home detention program for probationers or supervised releasees.

B.

Imprisonment

The BOP maintains safe and humane correctional environments for offenders sentenced to a termof imprisonment. The appropriate United States Probation Office provides the BOP with the
Presentence Investigation Report (PSR), J&C, and Statement of Reasons (SOR) after sentencing.
These documents are crucial to BOP staff decision-making to determine an inmate’s facility
designation, including appropriate security level, relevant programs, and subsequent pre-release
preparation. The PSR and SOR contain sensitive information regarding an inmate’s social
contacts and criminal history, and are not permitted to be retained in the possession of the inmate.
10Inmates may request to review these documents, maintained in the Inmate Central File, bysubmitting a request for staff. See Release of Information, Program Statement 1351.05.
1.

Institutional Confinement

Title 18 of the United States Code, § 3621(a), authorizes the BOP to confine persons sentenced toa term of imprisonment. Institutions are classified by security level: Minimum, Low, Medium,
High, and Administrative, which may house an offender of any security level. Institution security
levels are determined by various factors including type of perimeter security, number of towers or
external patrols, detection devices, security of housing areas, type of living quarters, and level ofstaffing.
2.

Service of Sentence in Non-Federal Facilities

The BOP will often contract with a local jail or detention center to house an inmate sentenced to aterm of one year or less, and long-term offenders may also be housed under contract with statecorrectional systems, or in a privately-run facility. An inmate may be transferred to a state
facility, or to a privately-run facility, should the individual present special management problems,
require protection, or if his or her notoriety precludes incarceration in any BOP facility. See
Designation of State Institution for Service of Federal Sentence, Program Statement 5160.05.
3.

Juvenile Offenders

Federal adjudication of juveniles is governed by the Juvenile Justice and Delinquency Prevention
Act (JJDPA), codified at 18 U.S.C. §§ 5031-5042. See Juvenile Delinquents, Program Statement5216.05. JJDPA addresses the adjudication of an offender who has not reached his or her 18thbirthday, and generally prohibits housing juveniles with adult offenders. Given the very small
number of federally-sentenced juveniles, operation of a separate BOP facility for this population is
not practical. Therefore, the BOP contracts for placement of these offenders in secure andnon-secure state and local facilities, some of which are operated by private firms.
The JJDPA addresses three categories of inmates. The BOP’s treatment of each group differs as
follows:
Confinement of Persons Under Age 18 - Any inmate who has not attained the age of 18 at
the time of commitment will be placed in a non-federal contracted juvenile facility. See
18 U.S.C. § 5039. Generally, the BOP attempts to place such inmates in secure or
non-secure juvenile facilities located in or near their home communities.
Confinement of Persons 18 to 21 Years of Age - An inmate who is sentenced as an adultpursuant to 18 U.S.C. § 5032 shall be designated to an adult institution according to BOP
designation criteria. An inmate who is sentenced as a juvenile will be treated as a person
under 18 years of age, unless he or she has a concurrent federal adult sentence of a length
equal to or greater than the juvenile sentence. If there is a concurrent federal sentence11equal to or greater in length than the juvenile sentence, the inmate will be housed in an
adult facility. The court imposing the juvenile sentence will be notified of this fact.
If an inmate sentenced as a juvenile also has a consecutive adult sentence, he or she will betreated as a person under the age of 18 until the expiration of the juvenile sentence, or insome instances, until he or she has reached the age of 21.
Persons Who Turn 21 While Serving a JJDPA Sentence - A person who had been
adjudicated as delinquent may then be designated to a BOP institution as an adult, once heor she reaches the age of 21. However, a change in placement is not required, and the
BOP may retain the inmate in a contract juvenile facility for continuity of program
participation.

C.

Judgment in a Criminal Case (J&C)

The BOP is charged with interpreting and administering the provisions of the J&C of the federal
courts, as follows.
1.

Judicial Recommendations for a Specific Institution, Geographic Area,or Specialized Program

The BOP has sole authority to designate the place of confinement for federal prisoners.
See 18 U.S.C. § 3621(b). By statute, the BOP is required to consider the resources of the facility;
the nature and circumstances of the offense; the history and characteristics of the prisoner;
recommendations of the court; and guidance issued by the USSC. Initial designation decisions
and decisions to transfer prisoners from one facility to another are ultimately the responsibility of
the BOP and are made in accordance with Inmate Security Designation and CustodyClassification, Program Statement 5100.08. The J&C may indicate the sentencing court’s
recommendation to house the inmate in a specific institution, geographic area, or specialized
program. While every effort is made to comply with the court’s recommendation, conflict with
BOP policy and sound correctional management may prevent honoring the court’s
recommendation.
Prior to finalizing plea agreements or other concessions affecting a defendant’s conditions ofconfinement, the parties involved should consult with the relevant CLC office regarding factorsthat might affect availability of the program, or the eligibility of an individual defendant for any
program assignment. Specific programs or institution placements should not be part of any
agreement or promised to any criminal defendant. This is particularly important when defendants
carry both state and federal sentences, as complex issues arise over which sovereign has priority to
implement its sentence.
2.

Sentence Calculation

The BOP’s Designation and Sentence Computation Center (DSCC), in Grand Prairie, Texas,
12

oversees inmate designations and sentence computations. BOP policies and instructions to staff
for the calculation of terms of imprisonment includes Sentence Computation Manual (CCCA of1984), Program Statement 5880.28; Sentence Computation Manual (“OldLaw”-Pre-CCCA-1984), Program Statement 5880.30; District of Columbia Sentence
Computation Manual, Program Statement 5880.33; and Administration of Sentence for Military
Inmates, Program Statement 5110.16. Specific questions related to sentence calculation should
be directed to the DSCC, telephone (972) 352-4400; e-mail at
GRA-DSC/PolicyCorrespondence@bop.gov.
A prisoner challenging the calculation of a particular sentence does so by filing a Petition for Writ
of Habeas Corpus, pursuant to 28 U.S.C. § 2241, in the U.S. District Court possessing personal
jurisdiction over his or her immediate custodian (Warden). See Rumsfeld v. Padilla, 542 U.S.
426 (2004). However, inmates are required to exhaust the administrative remedy process within
the BOP prior to seeking judicial relief. See Administrative Remedy Program, Program
Statement 1330.18. We request the court contact DSCC staff if questions arise as to how a J&C
will be interpreted, so that potential problems may be avoided. Occasionally, a J&C may direct
the defendant’s term of imprisonment to be calculated in a manner contrary to law. The BOP willthen notify the prosecuting Assistant U.S. Attorney and/or the Court to resolve the conflict.
3.

Commencement of a Term of Imprisonment

Title 18 of the United States Code, § 3585(a), dictates that “[a] sentence to a term of imprisonmentcommences on the date the defendant is received in custody awaiting transportation to, or arrives
voluntarily to commence service of sentence at, the official detention facility at which the sentence
is to be served.” Consequently, J&Cs directing a defendant’s term of imprisonment to commence
at a date earlier than its date of imposition, or some other date, are viewed by the BOP as contrary
to statute, and notice will be given to the Court.
4.

Credit for Prior Custody

Title 18 of the United States Code, § 3585(b), dictates the method of calculating credit for priorcustody of defendants whose offense was committed on or after November 1, 1987. Sentence
credit is awarded for any time spent in official detention prior to the date a term of imprisonmentcommences, provided it was served as a result of the offense for which the sentence was imposed,or as a result of any offense (state or federal) for which the defendant was arrested aftercommitting the offense for which the federal sentence was imposed. Additionally, the time must
not have been credited against any other sentence. Slightly different rules apply for defendants
whose date of offense is prior to November 1, 1987. See 18 U.S.C. § 3568 (repealed).
After a defendant is sentenced, the BOP is responsible for determining what period(s) of priorcustody may be credited toward the federal term of imprisonment. See United States v. Wilson,
503 U.S. 329 (1992). Periods spent on pretrial release, no matter how restrictive, cannot beawarded as prior custody credit to U.S. Code offenders. See Reno v. Koray, 515 U.S. 50 (1995).
D.C. Code felony offenders, however, may be entitled to such credit. See District of Columbia
13Sentence Computation Manual, Program Statement 5880.33. Consequently, J&Cs must be
carefully drafted to avoid requiring prior custody credit awards in circumstances which arecontrary to statute. In those instances in which a sentence being imposed has been adjusted toaccount for time already served on an undischarged sentence, the court should note on the J&C theamount of time by which the sentence is being adjusted, the undischarged term of imprisonment
for which the adjustment is being given, and that the sentence imposed is a sentence reduction
pursuant to U.S.S.G. § 5G1.3(b), for a period of imprisonment that will not be credited by the
BOP. See U.S.S.G. § 5G1.3, Imposition of a Sentence on a Defendant Subject to an
Undischarged Term of Imprisonment, App. Note 2(C), Imposition of Sentence. Similarly, whena court applies a downward departure at sentencing pursuant to U.S.S.G. § 5K2.23 to account fortime served on a term already discharged, the J&C should include a note indicating so.
Otherwise, it may appear that prior custody credit is being awarded contrary to 18 U.S.C.
§ 3585(b) and the Supreme Court’s holding in Wilson.
5.

Credit for Satisfactory Behavior (“Good Conduct Time”)

Title 18 U.S.C. § 3624(b) provides Good Conduct Time (GTC) credit for U.S. Code offenders
whose offense was committed on or after November 1, 1987, and D.C. Code felony offenders
whose offense was committed on or after August 5, 2000. The First Step Act of 2018 (FSA), Pub.
L. No. 315-391, enacted January 3, 2019, section 102(b)(1), amended 18 U.S.C. § 3624(b)(1).
Pursuant to this amendment, eligible inmates serving sentences greater than one year, but less thanlife, may receive up to 54 days sentence credit for each year of the inmate’s sentence imposed by
the court. Inmates sanctioned for violating prison disciplinary rules may lose all or part of these
credits. See Inmate Discipline Program, Program Statement 5270.09. In determining whether
an inmate shall receive the credit, the BOP shall consider whether an inmate, during the relevant
period, has earned, or is making satisfactory progress toward earning, a high school diploma or anequivalent degree.
Sentence credit for satisfactory behavior by U.S. Code offenders whose offense was committed
prior to November 1, 1987 is governed by Title 18 U.S.C. §§ 4161-4166 (repealed). Suchoffenders may be eligible to accrue both Statutory Good Time (§ 4161) and Extra Good Time (§4162). Statutory Good Time may be forfeited in whole or in part if the prisoner violates
institution rules or commits any offense. See 18 U.S.C. § 4165.
Specific questions related to good conduct time credit should be directed to the DSCC, telephone(972) 352-4400; e-mail at GRA-DSC/PolicyCorrespondence@bop.gov.
6.

Fines and Costs of Confinement

Pursuant to U.S.S.G. § 5E1.2, the court shall impose a fine in all cases, unless the defendant lacks
the necessary financial resources to make payments. For offenses committed on or afterNovember 1, 1987, the court cannot require that any fine imposed be paid as a precondition for
release from imprisonment. This is a change from prior law, which permitted the court to orderthe defendant to remain in prison until the fine is paid, unless and until a determination was made14

that the defendant was indigent or otherwise unable to pay the fine. See Fines and Costs for “OldLaw” Inmates, Program Statement 5882.03. The Court Security Improvement Act of 2007, Pub.
L. No. 110-117, amended 18 U.S.C. § 3624(e) by striking the provision that prohibited releasing
an inmate to supervised release unless the inmate agreed to adhere to an installment schedule topay for any court-ordered fine imposed for the current offense. The statute requires only that the
BOP notify the inmate of the requirement to adhere to the court-ordered payment schedule upon
release.
The Application Notes to the Sentencing Guidelines refer the court to the BOP and theAdministrative Office of the U.S. Courts for assistance in determining an appropriate fine to cover
the costs of confinement. Should the court wish, the BOP will furnish the court with the average
cost of confinement at all facilities, as an inmate may be held in several different facilities during asingle term of imprisonment. For prisoners for whom the court did not assess a fine to cover thecosts of incarceration, and for whom the court did not waive the fine due to indigence, the BOP isauthorized to collect a fee equal to the cost of one year of imprisonment, or a prorated amount, if
the defendant is sentenced to a shorter term. See Cost of Incarceration Fee (COIF), Program
Statement 5380.06. The yearly average cost of incarceration for a federal inmate in a BOP
facility for Fiscal Year 2017 was $36,299.25; in an RRC, that cost was $32,309.80.
The BOP is authorized to require inmates transferred to RRCs to pay a portion or all of the costs of
their confinement, and with few exceptions, all employed offenders confined in RRCs must makepayments toward their housing costs. See 18 U.S.C. § 3622(c)(2). Funds collected are not
returned to the BOP, but are paid to the U.S. Treasury. Nevertheless, requiring such payments isan effective means for the government to recover some of the costs of operating the criminal
justice system, and may encourage offenders to become responsible members of the community.
7.

Inmate Financial Responsibility Program

To assist in the collection of court-ordered financial obligations, the BOP operates the Inmate
Financial Responsibility Program (IFRP) in conjunction with the Administrative Office of the
U.S. Courts. See Financial Responsibility Program, Inmate, Program Statement 5380.08. All
inmates with financial obligations including special assessments, restitution, fines and court costs,
state or local court obligations, and other federal obligations, are encouraged to work with staff todevelop an individual financial plan.
Participation in IFRP, while voluntary, is tied to eligibility for prison privileges including
preferred housing, job assignments, and community activities such as community confinement andfurloughs. Participation is also tied to institutional program and custody level changes. If
eligible for parole, the inmate’s progress in meeting his or her financial plan is a factor consideredat the parole hearing. Inmates are responsible for making all payments from funds in their inmate
accounts, including funds from outside resources and pay from work in the institution, or a
combination of the two.
All sentenced inmates are required to work in an institutional job assignment or UNICOR work15

assignment with the exception of those who are unable to work for security, educational, or
medical reasons. See Inmate Work and Performance Pay, Program Statement 5251.06. Inmates
may also earn bonus pay for outstanding work performance. An inmate with a court-orderedfinancial obligation is given preference for assignment to UNICOR, and such an assignment
requires that 50% of the inmate’s earnings are applied to payment of that obligation.
The sentencing court can require inmates to pay fines and special assessments as part of thejudgment. If the court either orders that these financial obligations are “due immediately,” or if
the J&C is silent as to when they are due, then the BOP will collect those fines and special
assessments through the IFRP. In the latter case, 18 U.S.C. § 3572(d) requires “immediate”
payment.
If the sentencing court orders a defendant to pay restitution under the Mandatory Victim
Restitution Act of 2006 (MVRA), Pub. L. 113-65, codified at 18 U.S.C. § 3663A, as part of thejudgment, most circuits have also held that the court must also set out a schedule of payments forthat restitution. One circuit has held that the BOP may not use the IFRP to collect payments
toward an MVRA restitution order, unless the order also includes such a schedule. As a result,if the sentencing court intends that the defendant make payments toward restitution while
imprisoned, then the J&C should contain specific language, such as “while serving the sentence ofimprisonment, the defendant must make payments toward the restitution obligation at the rate ofno less than $25.00 per quarter.”
Regardless of the type of financial obligation ordered in the J&C, the court should avoid
ambiguous language such as “payments as directed by BOP.” Such statements are ordinarily
construed as an improper delegation of judicial authority and could result in the exclusion of therestitution award from the amounts collected by the BOP under the IFRP. The J&C should either
specify that the financial obligation is “due immediately,” or the J&C should remain silent as towhen due. Wording such as “payments to be made as directed by BOP staff” or “payments to bemade in installments as set by the IFRP” is ambiguous and may result in the defendant’s
non-participation in the IFRP. The CLC attorney should be consulted to provide assistance inproperly wording the J&C to reflect the court’s intention.

V.

POST-CONVICTION ISSUESA.

Designation to a Facility for Service of a Term of Imprisonment
1.

Security Designation and Custody Classification

Following the imposition of a sentence of imprisonment, the BOP begins the process ofdesignating the defendant to a facility for service of the sentence. Title 18 U.S.C. § 3621
authorizes the BOP to designate where a prisoner will serve his or her sentence. The BOP retains
exclusive discretion to assign or to transfer any prisoner to any facility. See 28 C.F.R. pt. 524,
subpt. B; Inmate Security Designation and Custody Classification, Program Statement 5100.08.
16

The DSCC is responsible for initial custody classification, designation, assignment of BOP
management variables and public safety factors, and all sentence calculation. The DSCC is not,however, responsible for assignment to, or transfer of, inmates from their designated institution toan RRC for 18 U.S.C. § 3624(c) pre-release purposes. Subsequent to the inmate’s designation to
an institution, institution staff are responsible for the security and custody classification of theinmate. The DSCC first receives notification of a newly-sentenced federal offender from the U.S.
Marshal in the sentencing district. If the court does not direct the defendant to self-surrender, theUSMS will arrange for transportation of the inmate to the designated institution. See Inmate
Security Designation and Custody Classification, Program Statement 5100.08.
Designation decisions take into account a number of factors including the level of security andstaff supervision the inmate requires, and the level of security and staff supervision the institution
provides. Other considerations include matching the medical care needs of an inmate with thelevel of care provided by the institution, as well as the inmate’s program needs (e.g., substanceabuse treatment, education and vocational training, individual and/or group counseling,
medical/mental health treatment). Various administrative factors will affect the designation,
including institution current bedspace capacity, proximity to the inmate’s release residence,
judicial recommendations, separation needs, and security measures required to ensure the safety ofvictims, witnesses, and the general public. Inmates are designated as close as practicable to theirprimary residence, and to the extent practicable, in a facility within 500 driving miles of that
residence.
2.

DNA Collection

In accordance with 34 U.S.C. § 40701; 28 C.F.R. pt. 28, subpt. B; Inmate DNA Sample Collection
Procedures, Program Statement 5311.01, the BOP collects DNA (deoxyribonucleic acid) samples
from all federal inmates, usually obtained through collection kits. DNA samples collected fromindividuals or derived from crime scene evidence are analyzed to produce DNA profiles that areentered in the FBI Combined DNA Index System. DNA profiles assist in identifying offenders;
excluding innocent persons; solving past and future crimes; and combating recidivism throughinclusion in the database. Inmates who refuse to provide a DNA sample are counseled regarding
their lawful obligation and the consequences of non-compliance, which may include progressive
administrative sanctions and criminal prosecution.
3.

Transportation to a Designated Institution

After an initial designation has been made, an inmate may be transported to the assigned facility by
the USMS or BOP, either by vehicle or contract carrier airline. The USMS also operates a fleet ofaircraft in conjunction with the Justice Prisoner and Alien Transportation System (JPATS).
Additionally, BOP ground transportation and support provide for economical and expeditious
movement of inmates.

17

On occasion, the court may order a defendant to voluntarily surrender at the facility to which he or
she is initially designated. The BOP draws a positive inference from the court's determinationthat the defendant is sufficiently trustworthy to surrender voluntarily, and self-surrender will
favorably impact the inmate in terms of classification and designation decisions.
4.

Interstate Agreement on Detainers

Many prisoners in BOP custody have detainers for unresolved criminal charges pending againstthem in one or more jurisdictions. To facilitate programming designed for treatment andrehabilitation, and to resolve pending matters, BOP joins with many states as a party to theInterstate Agreement on Detainers (IAD). See Correctional Systems Manual, Program Statement
5800.15. This agreement enables a jurisdiction carrying an untried criminal indictment,
information, or complaint, to secure temporary custody of the inmate. Such proceedings may beinitiated by the state or by the inmate. Program Statement 5800.15 delineates the appropriate
procedures for a jurisdiction to obtain custody of an inmate with a detainer lodged by a member
state. See Transfer of Inmates to State Agents for Production on State Writs, Program Statement5875.13.
5.

Central Inmate Monitoring System

The BOP monitors and controls the transfer, temporary release on writ, and community activities
of certain inmates who present special management needs or security concerns. See 28 C.F.R. pt.
524, subpt. F; Central Inmate Monitoring System, Program Statement 5180.05. Central Inmate
Monitoring (CIM) inmates require a higher level of review which may include Central Office
and/or Regional Office clearance for transfers, temporary releases, or community activities.
Monitoring does not preclude a CIM inmate from such activities when the inmate is otherwise
eligible, but contributes to the safe and orderly operation of federal institutions and to theprotection of the public.
Special measures are taken to protect at-risk inmates. CIM inmates may include, among others,
persons whose incarceration generates public notoriety; individuals who have cooperated with law
enforcement authorities; inmates who have made threats against government officials, and inmates
identified as gang members. While in custody, an offender may require separation from otherinmates stemming from such events that either preceded confinement, or occurred during
incarceration. Accordingly, procedures such as a separation assignment, have been developed toensure the safety of such individuals. If deemed necessary, such a classification may continue
throughout the period of incarceration.
6.

Communication Management Units

The BOP operates two Communication Management Units (CMUs), located at FCI Terre Haute,
Indiana, and at USP Marion, Illinois. CMUs were established in 2006 and 2008, respectively, tohouse inmates who, due to their current offense of conviction, offense conduct, activity while
incarcerated, or other verified information, require increased monitoring of communications
18

between the inmate and persons in the community to protect the safety, security, and orderly
operation of the BOP or to protect the public. Inmates designated to the CMU may have been
convicted of a terrorism-related offense, associated with a terrorist organization, repeatedly
attempted to contact their victim(s), or attempted illegal activities through approved
communication methods or received multiple incident reports due to misuse of such
communication methods.
The CMU is a general population unit, with access to customary inmate activities, such asrecreation, religious services, and education programming. All communications, however, aresubject to increased monitoring. For example, all incoming general correspondence is reviewed
by staff prior to delivery to the inmate, and all outgoing general correspondence is reviewed bystaff prior to mailing via the U.S. Postal Service. In addition, telephone communication andsocial visits are limited, are live-monitored by staff, and must occur only in English, unlessconducted through simultaneous translation monitoring. Further information about CMUs can befound in Communications Management Units, Program Statement 5214.02.
7.

Special Management Units

This initiative, as detailed in Special Management Units, Program Statement 5217.02, wasimplemented to enhance the agency’s ability to manage some of the most disruptive andproblematic inmates in the BOP. The Special Management Units (SMUs) provide a controlled
and restrictive environment for inmates who exhibit behavior that is violent, is confrontational, orthat can be extremely disruptive to the orderly running of the institution. Inmates participating in
disruptive behavior, gang activity, or introduction of drugs, weapons, or cell phones may bereferred to an SMU. SMU designation is non-punitive and, while SMU conditions ofconfinement are more restrictive than are those for general population inmates, a SMU inmate may
earn increased privileges by progressing through the four-level SMU program, at which time theinmate is eligible for redesignation to the general population.

B.

Admission and Orientation Program for Inmates

Every inmate designated to a BOP institution is required to participate in the Admission andOrientation (A&O) program. See Admission and Orientation Program, Program Statement
5290.14. Staff presentations provide each inmate with information and written materials
describing institution operations, program availability, inmate rights and responsibilities, and the
BOP inmate discipline process. Each inmate receives an introduction to all aspects of theinstitution and meets with staff from the case management, medical, and mental health units.

C.

Programs and General Services

Research has demonstrated that inmate participation in programs teaching marketable skills helps
to reduce recidivism rates. Additionally, inmate misconduct can be significantly reduced through19

programs emphasizing personal responsibility, respect, and tolerance of others. Accordingly, the
BOP offers inmates program opportunities to adopt positive social values and life skills.
Programs include working in prison industries and other job assignments, vocational training,mock job fairs, drug treatment, faith-based residential programs, parenting skills, and otheractivities described in greater detail below.
1.

Education and Recreation Programs

The BOP is committed to providing inmates, within a secure environment, with opportunities togain skills needed for successful reentry to the community. Education, Training, and LeisureTime Program Standards, Program Statement 5300.21, requires each institution to maintain an
Education Department responsible for providing inmates with literacy classes and other related
educational programs. Every institution provides both leisure and law library services. See
Library Services, Inmate, Program Statement 1542.06; Legal Activities, Inmate, Program
Statement 1315.07.
Title 18 of the United States Code, § 3624(f), mandates an education program for those federal
prisoners who are not functionally literate. Non-English speaking inmates are required toparticipate in an English as a Second Language (ESL) program until able to function in the English
language at the eighth grade level, pursuant to 18 U.S.C. § 3624(f)(4). With few exceptions,inmates lacking either a high school diploma, or a state approved high school equivalency
certificate, are required to enroll in an adult literacy program for a minimum of 240 hours. See 28
C.F.R. pt. 544, subpt. H. Should an inmate prematurely end his or her participation prior toprogram completion, the inmate will lose some Good Conduct Time if governed by that statutory
provision. Upon completion of the 240-hour course, an inmate may choose to end participation in
adult literacy classes. However, to encourage the inmate to participate in such programs until
earning the GED, incentive awards are available. Work pay potential and Good Conduct Timewill be impacted for inmates who choose to discontinue program participation without obtaining a
GED.
The Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA), Pub. L. No. 103-322,
enacted on September 13, 1994, mandates that an inmate with a date of offense on or after
September 13, 1994, but not before April 26, 1996, lacking a high school diploma or GED
credential, must participate and make satisfactory progress in the literacy program in order to vest
earned Good Conduct Time. The Prison Litigation Reform Act of 1995, (PLRA), Pub. L. No.
104-134, enacted April 26, 1996, provides that in determining Good Conduct Time awards, the
BOP shall consider whether an inmate with a date of offense on or after April 26, 1996, who lacks
a high school diploma or GED, participates in and makes satisfactory progress in the literacy
program, in order to be eligible to earn the maximum amount of Good Conduct Time. A foreign
national who is subject to a final confirmed order of removal, deportation, or exclusion, is exempt
from the satisfactory progress requirement of the literacy program provisions of VCCLEA and
PLRA. See 28 C.F.R. pt. 523, subpt. C.
BOP programming emphasizes reentry skills, offering a variety of programs for self-improvement,20

including occupational training, resume writing, job fairs, and parenting skills. Recreation
programs encourage inmates to make constructive use of leisure time, with both group andindividual activities. Physical fitness and wellness programs, such as nutrition and weightcontrol, are provided during non-working hours to promote positive lifestyle changes. See
28 C.F.R. pt. 544, subpt. D; 28 C.F.R. pt. 553, subpt. B.; Recreation Programs, Inmate, Program
Statement 5370.11. Hobbycraft programs vary from institution to institution, and may include
painting, leathercrafts, artwork, and ceramics. Completed projects are mailed home, as inmates
are not permitted to retain completed projects in their possession.
2.

Religious Programs

Under 28 C.F.R. pt. 548 and Religious Beliefs and Practices, Program Statement 5360.09, the BOP
affords inmates with equitable opportunities to observe their religious practices in the areas ofreligious diet, ceremonial clothing, religious property, group worship, among others, withinsecurity and budgetary constraints. Each institution is assigned Chaplaincy staff, who both
minister to the inmate population, and arrange for contract religious clergy and volunteers from thecommunity to assist in group worship, individual religious counseling, spiritual guidance, and thestudy of sacred writings.
3.

Food Service

BOP offers nutritionally balanced, appetizing meals. The Food Service Manual, Program
Statement 4700.06, provides that medical diets be available to inmates who require such diets.
All inmates, except those on medical or religious diets, are served the same meals in a dining room
setting when consistent with the security and orderly operation of the institution. Staff dining
rooms serve the same meals offered to inmates. In addition, inmates with religious dietaryrequirements may apply for the religious diet program, designed to address the dietary restrictionsof a variety of different faith groups. Meatless food options are offered as a component of thereligious diet program. See Religious Beliefs and Practices, Program Statement 5360.09.
The BOP follows a standardized menu. The National Menu is designed not only to bringconsistency to BOP Food Service operations, but also to ensure Heart Healthy options areavailable to increase the ability to prevent and manage chronic health issues of our inmate
population. Heart Healthy options, with lower fat and sodium levels, are available and theWarden at any institution may choose to serve only the Heart Healthy food options at select meals.
High security institutions may modify the National Menu to address security concerns.
4.

Work Programs and UNICOR

All federal inmates are required to work with the exception of those who for security, educational,
or medical reasons are unable to do so. See 28 C.F.R. pt. 545, subpt. C.; Inmate Work andPerformance Pay, Program Statement 5251.06. An institution work day is ordinarily seven hours.
Most inmates are assigned to an institution job such as food service worker, orderly, plumber,painter, warehouse worker, or groundskeeper, earning 12 cents to 40 cents per hour.
21Inmates may apply for an assignment to Federal Prison Industries (FPI). FPI, under the tradename UNICOR, employs over 10,000 inmates. In accordance with statutory mandates, UNICOR(1) provides employment and industrial skills training to as many inmates as possible; (2) produces
market-priced, quality goods for federal government customers; (3) operates in a self-sustaining
manner; and (4) minimizes its impact on private business and labor. See 18 U.S.C. § 4122.
UNICOR job wages currently range from $0.23 cents to $1.15 per hour. Inmates may also earnbonus pay for outstanding work performance. See Work Programs for Inmates, FPI, Program
Statement 8120.03; UNICOR Corporate Policy and Procedures, Program Statement 8000.01.
UNICOR is a wholly-owned federal government corporation and does not receive Congressional
appropriations for its operations. See 18 U.S.C. § 4122(b)(1); UNICOR Corporate Policy andProcedures, Program Statement 8000.01; Work Programs for Inmates, FPI, Program Statement8120.03. Title 18 of the United States Code, § 4121 et seq., when read together with Title 10 of
the United States Code § 2410n, and Section 637 of the Consolidated Spending Bill for FY 2005
(Division H), Pub.L. No. 108-447, requires federal departments, agencies, and government
institutions to purchase products listed on UNICOR’s schedule of products from UNICOR, whenthose products are comparable to products offered by private vendors in terms of price, quality,
and time of delivery. If UNICOR’s products are not comparable, then the federal purchaser may
procure the product through a competitive solicitation, provided that UNICOR is given an
opportunity to compete. UNICOR also provides a variety of services on a competitive basis.
5.

Inmate Accident Compensation

Inmates are not federal employees and are not subject to the Fair Labor Standards Act or otherfederal employee compensation laws. If an inmate is injured while performing an assigned duty,
he or she must immediately report the injury to the work supervisor. The work supervisor willsecure medical treatment for the inmate and file an injury report with the institution safety
manager. See National Occupational Safety and Health Policy, Program Statement 1600.11.
Pursuant to title 18 of the United States Code, § 4126, and 28 C.F.R. pt. 301, inmates may becompensated for injuries caused by the actual performance of their work assignments in UNICOR
or in other institution work assignments. The Inmate Accident Compensation Program is the
exclusive remedy available to inmates who sustain work-related injuries and is the exclusive
remedy for subsequent medical care of work-related injuries. Inmates may not recover damages
in tort for work-related injuries. See Federal Tort Claims Act, 28 U.S.C. § 2671, et seq.; UnitedStates v. Demko, 385 U.S. 149 (1966).
(a)

Lost-Time Wage Program

Inmates injured in the course of performing their work assignments, and who are medicallyexcused for at least three consecutively scheduled work days, may receive lost-time wages equal to
75 % of the standard hourly rate for their regular work assignments. Pursuant to 28 C.F.R. pt.
301, subpt. B, an Institution Safety Committee oversees the Lost-Time Wage Program. A
lost-time wage payment continues until the inmate is released, transferred to another institution22

(for reasons unrelated to the injury), returns to the work assignment, or refuses to return to work.
An inmate dissatisfied with any decision regarding lost-time wages may appeal the decision
pursuant to the Administrative Remedy Program, Program Statement 1330.18.
(b)Compensation for Work-Related Physical Impairment or Death

No more than 45 days prior to the date of an inmate’s release, but no less than 15 days prior to thisdate, an inmate who feels that a residual physical impairment exists as a result of a prison
work-related injury may apply for compensation. Should circumstances not permit such a
submission, a claim may be accepted up to 60 days following release or up to one year after
release, for good cause shown. This program is administered from the Central Office, and anyquestions may be directed to the Claims Examiner, Inmate Accident Compensation Program
Coordinator. A claim for compensation as the result of a work-related death may be filed by adependent of the deceased inmate up to one year after the inmate’s work-related death. See 28
C.F.R. pt. 301, subpt. C.
6.

Female Offenders

Female inmates are not housed with male inmates. At various sites, female offender units areco-located with male units. However, all housing units and activities are separate. Appropriate
programs and services are provided to meet the physical, social, and psychological needs of female
offenders. Programming is in parity with that offered to male inmates, tailored to begender-responsive. See Female Offender Manual, Program Statement 5200.02.
The designation and classification system for female offenders acknowledges empirical evidence
that female offenders are less likely to be violent or attempt escape. Bedspace for female
offenders is available at varied security levels.
(a)Birth Control and Pregnancy

The BOP provides female inmates with medical and social services related to pregnancy, birthcontrol, child placement, and abortion. See 28 C.F.R. pt. 551, subpt. C.; Female Offender
Manual, Program Statement 5200.02. Each female offender having child bearing potential is
medically screened for pregnancy upon admission, and is instructed to inform medical staff should
she suspect she may be pregnant, so that pre-natal care may be immediately provided. Childbirth
typically takes place at a community hospital. Staff assist the inmate, with the assistance of aliaison, and work closely with community agencies to effect an appropriate arrangement.
The BOP offers two community residential program for pregnant inmates, Mothers and Infants
Together (MINT) and Residential Parenting Program (RPP). The MINT program, managed byprivate social service agencies under contract to the BOP, is a residential program promoting
bonding skills for pregnant inmates. It is at the discretion of the inmate’s Unit Team to decide
whether to refer the inmate to MINT. A MINT participant may remain at the residential programfor a period after birth, to provide an opportunity to bond with her newborn child before returning23

to an institution to complete her sentence. Prior to the birth, the mother must make arrangements
for an appropriate custodian for the child. An inmate is eligible to enter the program if she
satisfies the general criteria for furlough eligibility, and is in her final two months of pregnancy.
See Inmate Furloughs, Program Statement 5280.09. Designation to the MINT program is inaccordance with Community Corrections Center (CCC) Utilization and Transfer Procedures,
Program Statement 7310.04.
RPP is a voluntary program, which allows pregnant inmates to reside with their child for up to 30
months post-delivery. Eligible inmates, upon acceptance, are transferred to the Washington
Department of Corrections (WADOC) and are responsible for caring for the child, while living in
a supervised environment. This program offers a number of services to the inmate, including
mental health and medical care, vocational training, etc.
(b)

Abortion

In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court decided that a woman has a fundamental
right of privacy to choose to terminate her pregnancy. The Court has also made clear, however,that the exercise of such a choice need not be carried out through the use of federal funds. See
Rust v. Sullivan, 500 U.S. 173 (1991).
Pursuant to 28 C.F.R. pt. 551, subpt. C, and the Female Offender Manual, Program Statement
5200.02, the Warden provides each pregnant inmate with medical, religious, and social counselingto aid her in making the decision whether to carry the pregnancy to term or to have an elective
abortion. The BOP will assume all costs associated with the abortion procedure only when thelife of the mother would be endangered if the fetus is carried to term, or in the case of rape orincest. In all other cases non-BOP funds must be obtained to pay for any abortion procedure.
Whether or not the BOP pays for the abortion, the BOP may expend funds to escort the inmate to afacility outside the institution to receive the procedure.
7.

Transgender Offenders(a)Designation and Housing

The PREA regulations (28 C.F.R. § 115.24(c)), incorporated into Sexually Abusive Behavior
Prevention and Intervention Program, Program Statement 5324.12, provide that in deciding
whether to assign a transgender or intersex inmate to a facility for male or female inmates, theagency should decide, on a case-by-case basis, whether a placement will ensure the inmate’s
health and safety, and additionally, whether the placement would present management or security
concerns. Placement and programming assignments for each transgender or intersex inmate will
be reassessed at least twice a year to review any threats to safety experienced by the inmate. See
Transgender Offender Manual, Program Statement 5200.04.

24

(b)

Treatment

If an inmate identifies as transgender, the psychologist will provide the inmate with information
regarding the range of treatment options available from the BOP. Additionally, based on thepsychologist’s preliminary assessment and the inmate’s expressed interest, a referral to theClinical Director and/or Chief Psychiatrist may be generated. In addition to a referral to medical
services, a transgender inmate may be offered individual psychotherapy.
Patient Care, Program Statement 6031.04, provides that an inmate with a diagnosis of Gender
Dysphoria (GD) will receive a proposed treatment plan to promote the physical and mental
stability of the patient. The treatment plan may include elements or services that were, or werenot, provided prior to incarceration, including hormone therapy. Treatment plans will be
reviewed regularly and updated as necessary. No treatment option is precluded solely due to thelevel of services that an inmate received, or did not receive, prior to incarceration.
(c)

Searches of Transgender Inmates

In accordance with Searches of Housing Units, Inmates, and Inmate Work Areas, Program
Statement 5521.06, inmates are pat-searched and visually searched in accordance with the genderof the institution, or housing assignment, in which they are assigned. Transgender inmates may
request an exception. Inmates seeking an exception should request the exception by submitting
an Inmate Request to Staff (BP-A0148) to the Warden. Such exceptions must be pre-authorized
by the Warden, after consultation with staff from Health Services, Psychology Services, UnitManagement, and Correctional Services. If granted an exception, the inmate is provided apersonal identifier that indicates their individual exception, which is required to be carried at all
times and presented to staff prior to pat searches. Should exigent circumstances arise, staff arepermitted to conduct a pat search of any inmate consistent with Searches of Housing Units,
Inmates, and Inmate Work Areas, Program Statement 5521.06.
(d)

Clothing and Commissary Items

Consistent with safety and security concerns, inmates who have identified as transgender will havethe opportunity to have undergarments of their identified gender even if they are not housed withinmates of the identified gender. Standardized list of Commissary items for transgender inmates
are available in accordance with the Trust Fund/Deposit Manual Program Statement. Additional
items based on an individualized assessment of the transgender inmate may be approved by the
Warden.
8.

Substance Abuse Treatment

Drug abuse education and substance abuse treatment is available in each institution. See
Psychology Treatment Programs, Program Statement 5330.11. Inmates identified with a historyof drug use, a judicial recommendation for treatment, a violation of supervision related to drug use,
or an instant offense related to drug use, are required to take the BOP’s drug abuse education25

course. Inmates who are found to have a drug use problem are also referred for nonresidential andresidential drug abuse treatment.
At the end of FY 2017, the BOP had 87 residential drug abuse programs (RDAP) at 75 locations,
including two for Spanish-speaking male inmates, and one for Spanish-speaking female inmates,
to address the needs of inmates with a diagnosis of substance abuse or dependence based on theAmerican Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders.
Dual Diagnosis RDAP programs have been developed to address the needs of inmates with aco-existing substance abuse and mental health diagnosis. Successful completion of RDAP
requires the participant to receive no less than 120 days of community-based treatment by licensed
providers during his or her residence in an RRC or on home detention. RDAP participation
includes a program incentive of early release of up to one year sentence reduction for an eligible
inmate’s sentence in accordance with VCCLEA, 18 U.S.C. § 3621(e)(2). To receive the program
incentive, the inmate must successfully complete RDAP and must also satisfy the eligibility
requirements provided in 28 C.F.R. pt. 550, subpt. F, and Early Release Procedures under 18
U.S.C. § 3621(e), Program Statement 5331.02. In all cases, however, the award of a sentence
reduction is at the discretion of the BOP.
The BOP’s drug abuse treatment strategy parallels community drug abuse treatment regimens
differentiating between residential treatment (RDAP) and out-patient treatment (non-residential
treatment). This approach allows the BOP to provide the intensity of treatment appropriate forthe needs of inmates with a history of substance abuse.
9.

Urine Surveillance Program

Illegal drug use compromises institutional security and threatens inmate and staff safety, andthe BOP maintains careful oversight to detect and deter inmate drug use. See Urine Surveillanceand Narcotic Identification, Program Statement 6060.08. Urine screening is a very effective tool
in detecting drug use in the institution. Inmates involved in community activities are routinely
tested for the use of illegal drugs, and inmates are tested based on individualized suspicion of druguse. In addition, a random sample of the total inmate population at each institution is tested
monthly. Any inmate testing positive for unauthorized substances, or who refuses to submit tosuch a test, is subject to sanction, including the loss of early release earned through successful
RDAP completion.
Any visitor or staff member found to be introducing illegal drugs or other contraband into an
institution is immediately subject to arrest. See 18 U.S.C. §§ 1791, 3571; 28 C.F.R. pt. 511,
subpt. B.; Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities, Program
Statement 5510.15. By entering or attempting to enter BOP grounds or facilities, the individual
has consented to search of his person and his belongings. A visitor who refuses to comply withauthorized search procedures will be denied entry or be required to leave.

26

10.

Medical Services(a)Medical Services Available to Sentenced Offenders

Every institution maintains a Health Services Unit to provide medical, dental, and mental healthcare. BOP policy regarding medical care and procedures for caring for inmates with medical
needs is set forth in 28 C.F.R. pt. 549, and Patient Care, Program Statement 6031.04. Service isprovided by a variety of health care professionals, including psychiatrists, physicians, nurses,
advanced practice providers (nurse practitioners and physician assistants), dieticians, dentists, andpharmacists. BOP health care staff is augmented by assigned United States Public Health Service
personnel. Community medical professionals are consulted as needed, and inmates are sent tocommunity hospitals should medically necessary care be unavailable at the institution. See
Health Services Administration, Program Statement 6010.05.
In making determinations regarding the appropriate institution in which to house an offender, theBOP carefully considers the offender’s health status. As the BOP provides extensive medical
services, a defendant’s medical condition generally will not preclude a sentence to BOP custody.
When serious health concerns are an issue in a designation decision, the DSCC will refer the caseto the BOP’s Office of Medical Designations and Transportation (OMDT). A specific institution
is designated with attention to the urgency of medical need; institution capability; current bed
space availability; and security concerns. BOP facilities are classified by “Care Level” based on
the local BOP health care workforce and the range of available community-based services.
Each inmate is assigned a medical “Care Level,” based on his or her medical history as describedin the Presentence Report and other available information. The BOP’s goal in implementing theCare Level system is to assign inmates with greater medical needs to those facilities with morecomprehensive on-site medical resources, and to provide more effective and efficient access tocommunity-based health care for each inmate.
Inmates with Care Level 1 needs are generally healthy, under 70 years of age, and may have
limited medical needs requiring clinician evaluation and monitoring. Examples of suchconditions are mild asthma, diet-controlled diabetes, and patients with human immunodeficiency
virus (HIV) who are stable and do not require medications.
Inmates with Care Level 2 needs are those who are stable outpatients, requiring at least quarterly
clinician evaluation. Examples of such conditions are medication-controlled diabetes, epilepsy,
and emphysema.
Inmates with Care Level 3 needs are fragile outpatients who require frequent clinical contacts,
and/or who may require some assistance with activities of daily living, but do not require daily
nursing supervision. This Care Level may include stabilization of medical or mental healthconditions that may require periodic hospitalization. Other examples of this Care Level are
patients with cancer in remission less than a year, advanced HIV disease, severe mental illness inremission on medication, severe congestive heart failure, and end-stage liver disease.
27

Inmates with Care Level 4 needs are severely impaired, and may require daily nursing care.
Examples of such conditions are those with cancer in active treatment, dialysis, quadriplegia,
stroke or head injury patients, major surgical patients, acute psychiatric illness requiring inpatient
treatment, and high-risk pregnancy.
The DSCC designates those inmates with Care Levels 1 and 2. For those inmates with Care
Levels 3 and 4, the designation decision will be made by the OMDT, as the medical need of theinmate is the primary factor in the designation decision.
(b)

Federal Medical Centers

Medical, dental, and mental health services at each institution are provided according to theCare Level. Seven federal medical centers (FMCs) provide specialized health services:
FMC Butner, North Carolina
Located north of Raleigh, FMC Butner is part of the Federal Correctional Complex (FCC)and serves as a major medical and psychiatric referral center for male inmates. FMC
Butner has all specialty areas of medicine and is the primary referral center for oncology,
providing chemotherapy and radiation therapy. FMC Butner manages a broad range of
subacute and chronically ill inmates and an orthopedic surgery program is available.
Dialysis services are provided on-site.
FMC Carswell, Fort Worth, Texas
Located in Fort Worth in the northeast corner of the Naval Air Station, Joint Reserve Base,FMC Carswell serves as the major medical and psychiatric referral center for female
inmates. All specialty areas of medicine are available at FMC Carswell, through in-housestaff and community-based consultant specialists.
FMC Devens, Massachusetts
Located in central Massachusetts, northeast of Worcester, FMC Devens serves both
medical and mental health care needs of male inmates. All specialty areas of medicine areavailable at FMC Devens, through in-house staff and community-based consultant
specialists. Additional services provided at FMC Devens include dialysis treatment for
inmates with end-stage renal failure.
FMC Fort Worth, Texas
The Federal Medical Center in Fort Worth, Texas, opened in 1971 and was the first adultco-correctional (male and female) facility in the United States. Over the years, theinstitution has had several mission changes and currently serves as a medical center for28

males and a jail for United States Marshals Service prisoners. In addition to providing
ambulatory care services for its general population inmates, FMC Fort Worth supports a
76-bed medical unit for Care Level 4 inmates needing 24-hour nursing care.
FMC Lexington, Kentucky
Located just north of Lexington, FMC Lexington treats male inmates. All specialty areasof medicine are available at FMC Lexington, by in-house staff and community-based
consultant specialists. FMC Lexington serves as the primary referral center for inmateswith most types of leukemia and lymphoma.
FMC Rochester, Minnesota
Located 80 miles southeast of Minneapolis, FMC Rochester serves as a major medical andmental health referral center for male inmates. Most specialty and sub-specialty
consultations are available through the Mayo Clinic, and in other local facilities.
FMC Rochester is the primary referral center for inmates with end-stage liver disease andadvanced HIV infection, as well as other infectious diseases requiring long-term
management. FMC Rochester provides extensive psychiatric and psychology services,
including inpatient psychiatry services and forensic studies.
U.S. Medical Center for Federal Prisoners (USMCFP), Springfield, Missouri
Located in southwest Missouri, USMCFP Springfield is a major medical and psychiatricreferral center for male inmates. All specialty areas of medicine are available at USMCFP
Springfield, through in-house staff and community-based consultant specialists.
Springfield is the primary referral center for high security inmates. The institution
maintains extensive psychiatric and psychological services, to include inpatient forensic
studies. It is the major kidney dialysis center for the BOP.
(c)

Voluntary Mental Health and Medical Treatment

In accordance with Patient Care, Program Statement 6031.04; Psychiatric Services, Program
Statement 6340.04; and Psychology Services Manual, Program Statement 5310.17, the health caremission of the BOP is to provide appropriate and necessary medical, dental, and mental healthservices to inmates by professional staff. As in the community, each individual inmate is
responsible for self-care, and for seeking medical services when necessary. Regardless of Care
Level, each inmate is assigned to a Primary Care Provider Team. Whenever possible, the inmate
will see the same medical provider(s) for each appointment, ensuring continuity of care andeconomy of service.
Patient care is provided by appointment, scheduled in advance through request by the inmate, orscheduled by the provider for follow-up examination. A nominal co-pay for inmate-initiatedmedical visits is assessed to encourage responsible use of health care resources, but no inmate is29denied care because of inability to pay. See Inmate Copayment Program, Program Statement
6031.02. Prescribed medications are given free of charge, in accordance with an established
National Formulary. Certain over-the-counter medications may be purchased in the inmate
commissary. See Over-the-Counter Medications, Program Statement 6541.02. Generally,
inmates may keep prescribed medications within their possession. Controlled medication is
individually dispensed by medical staff.
(d)Managing Infectious DiseaseInmate education plays a large role in the BOP’s effort to prevent and manage infectious disease.
Inmates are provided information on a continuing basis to address disease prevention, both within
the institution and in preparation for release. The BOP has adopted a multi-faceted program of
testing, treatment, and education. All sentenced inmates are offered testing for HIV on initialadmission; when clinically indicated; and on request of the inmate at the discretion of staff.
Testing is required for inmates with HIV risk factors. While inmates with HIV are housed in thegeneral population, HIV-positive inmates who demonstrate predatory or promiscuous behavior
may be isolated in order to protect other inmates from becoming infected. The BOP also
maintains an active program to control and treat contagious TB. Each inmate is required toundergo TB screening within two calendar days of initial incarceration. Inmates who are freefrom prior TB infection are screened annually for newly-acquired TB infection, and when clinicalstaff determines that the inmate may be at risk for infection. Infectious diseases are managed in
BOP facilities in accordance with BOP Clinical Guidance, e.g., HIV, Hepatitis C, Hepatitis B,
Scabies, Varicella, Medical Management Exposures, etc. See 28 C.F.R. pt. 541, subpt. E;
Infectious Disease Management, Program Statement 6190.04. For more information regarding
BOP’s management of infectious diseases, refer to the “Health Management Resources” page on
https://www.bop.gov/.
11.

Mental Health Counseling and Treatment Services

Inmates are offered a full range of mental health services, through psychologists and psychiatrists,
as well as through community mental health specialists. See Psychology Services Manual,
Program Statement 5310.17; Health Services Administration, Program Statement 6010.05;
Psychiatric Services, Program Statement 6340.04; Treatment and Care of Inmates with Mental
Illness, Program Statement 5310.16; and Psychiatric Evaluation and Treatment, Program
Statement 6010.03. Many inmates can be treated on an outpatient basis. Inmates requiringin-patient treatment are referred to one of several psychiatric referral centers: FMC Rochester;
USMCFP Springfield; FMC Butner; FMC Devens; and FMC Carswell for female inmates.
Psychiatric medication is used only for a diagnosed psychiatric disorder for which such medicationis the most appropriate treatment. See 28 C.F.R. pt. 549, subpt. C; Psychiatric Evaluation andTreatment, Program Statement 6010.03. Psychiatric treatment is available on-site, throughtelemedicine evaluation, or by community consultants.
Suicide prevention is a major concern at all institutions. Suicide Prevention Program, Program
Statement 5324.08, emphasizes staff training to alert staff to signs of those inmates who may be
30contemplating suicide, and provides for comprehensive prevention programs.
(a)Involuntary Mental Health Treatment

The Supreme Court has held that the Due Process Clause permits prison officials to involuntarily
medicate a mentally ill inmate with psychotropic medication if the inmate is dangerous to self,
either actively or by being gravely disabled, or to others, and if such treatment is in the prisoner’s
medical interest. See Washington v. Harper, 494 U.S. 210 (1990). See also United States v.
Sell, 539 U.S. 166 (2003) (holding that if medication is to be involuntarily administered solely forthe purpose of restoring an inmate’s competency, the decision must be made by the trial court); 28
C.F.R. pt. 549, subpt. C, Psychiatric Evaluation and Treatment, Program Statement 6010.03.
Such treatment is permissible after the inmate has received notice and a hearing before an
administrative panel. 3 In a psychiatric emergency, psychotropic medication may be administeredinvoluntarily, if the medication is an appropriate treatment for the mental illness, and otheralternatives would not be effective. Inmates given emergency treatment of this type will beconsidered for referral to a BOP psychiatric referral center.
(b)

Mental Health Programs

Psychology staff is available at all institutions to provide inmates with counseling and other mental
health services. Staff facilitate ongoing counseling programs, conduct personal crisis
intervention, and are readily accessible to inmates as needed. Staff or contract psychiatrists areavailable for individual consultation.
All inmates are screened by Psychology Services staff during the institution’s Admission andOrientation Program. Screening may include an individual interview. Psychologists areavailable for individual and group counseling, and inmates interested in these services may submit
a request for participation to a staff member in Psychology Services. Mental health services areoffered to treat drug use and alcohol abuse, as well as other behavioral and emotional problems.
See Psychology Services Manual, Program Statement 5310.17. In addition, BOP staff in eachhousing unit are available for informal counseling sessions. Inmate participation in these
activities is voluntary, and encouraged.
(c)

Sex Offender Management and Treatment

The BOP maintains a comprehensive sex offender management strategy, implemented toeffectively manage its population of sex offenders, and manage the risks posed by these offenders
to the general public. With the enactment of the Adam Walsh Child Protection and Safety Act of2006 (Walsh Act), the BOP further expanded its monitoring, evaluation, and treatment programsfor sex offenders. See 18 U.S.C. § 3621(f); Sex Offender Programs, Program Statement 5324.10.
3

Medication may be administered without an administrative hearing for emergencies in which a person issuffering from a mental illness which creates an immediate threat of bodily harm to self or others, serious destructionof property, or extreme deterioration of functioning secondary to psychiatric illness. See 28 C.F.R. pt.549, subpt. C.

31

Inmates with a history of sexual offenses may be designated to the Sex Offender Management
Program (SOMP), at one of nine institutions. Programs are located at FCI Elkton, Ohio (Low
Security); FCI Englewood, Colorado (Low Security); FCI Seagoville, Texas (Low Security); USP
Marion, Illinois (Medium Security); FCI Marianna, Florida (Medium Security); FCI Petersburg,
Virginia (Medium Security); USP Tucson, Arizona (High Security), FMC Devens, Massachusetts(Administrative/Medical); and at FMC Carswell, Texas (female inmates). Assignment is made inaccordance with the security level of the individual.
All Sex Offender Management Programs (SOMPs) offer treatment programming in two levels ofintensity: the high intensity residential Sex Offender Treatment Program (SOTP-R) or themoderate intensity non-residential Sex Offender Treatment Program (SOTP-NR). Inmates
volunteering for treatment are assessed to determine the most appropriate program level based on areview of their offense history. Inmates at any BOP institution may request placement intreatment programming. Once an inmate requests treatment, BOP staff conducts an assessment todetermine the inmate’s assigned program level, and arranges a transfer to the appropriate
institution. Treatment is ordinarily provided in the last three years of the inmate’s sentence.
Inmates determined to be at high risk for re-offense are referred to the SOTP-R, offered at FMC
Devens and USP Marion. Placement in the SOTP-R is reserved for high risk sexual offenders,
based on the extent and seriousness of the inmate’s offending history, as determined by a formalrisk assessment conducted by BOP staff. The SOTP-R is a modified therapeutic community
housed in a specialized treatment unit. The program employs cognitive-behavioral therapy tohelp the sex offender effectively manage his sexual behavior both within the institution and in
preparation for release. Ordinarily, participants complete the program in 18 months.
The SOTP-NR is offered at the remaining SOMP institutions. The SOTP-NR is designed to meet
the treatment needs of low and moderate risk sexual offenders. SOTP-NR offers inmatesindividualized non-residential treatment, ordinarily involving four to six hours of programming
per week over a 9 to 12 month period.
(d)Implementation of the Prison Rape Elimination Act of 2003

The Prison Rape Elimination Act of 2003 (PREA), Pub. L. No. 108-79, was enacted by Congress
to address sexual abuse of offenders to include all public and private institutions housing adults
and juveniles, as well as in community-based facilities. Pursuant to 28 C.F.R. pt. 115, andSexually Abusive Behavior Prevention and Intervention Program, Program Statement 5324.12,
the BOP maintains a zero tolerance approach to prison rape. The BOP has implemented PREA
by prevention planning; training and education of staff, volunteer, contractors, and inmates;
screening for risk of sexual victimization and abusiveness; and insuring that any incident isreported, investigated, and that perpetrators are effectively disciplined. Inmates are encouraged
to report sexual abuse to a staff member, and to inform staff if the inmate has witnessed sexuallyabusive behavior. BOP staff keep reported information confidential, discussing the case with
officials only on a need-to-know basis, and only for law enforcement or investigative purposes.
32Should an inmate not feel comfortable talking with staff, inmates are instructed to use special mailprocedures and write directly to the Warden, Regional Director, or Director. An inmate may also
send an e-mail directly to the Office of the Inspector General of the Department of Justice if he or
she wishes to do so. Every allegation of sexual abuse is investigated and staff take appropriate
steps to both safeguard inmates and to prosecute perpetrators.

D.

Visiting, Telephones, and Correspondence
1.

Visiting

Inmates are encouraged, throughout their incarceration, to maintain ties with their family andfriends in the community. Inmates are ordinarily permitted face-to-face visitation with approved
family and friends in the institutions’ general visiting room areas. Attorney visits are afforded asmuch privacy as possible to ensure confidentiality. See Visiting Regulations, Program Statement5267.09. Conjugal visits are not permitted. Each institution schedules its own visiting hours andprocedures. Inmates receive this information during the A&O process, so they can advise family
members and others of the visiting requirements. Visitors should also consult the BOP website,www.bop.gov, for individual institution visiting instructions and scheduled hours. Pretrial
inmates may receive visits in accordance with the local institution’s guidelines for visiting.
However, staff may allow a pretrial inmate special visits to protect the inmate’s business interests,
or to help prepare for trial. See 28 C.F.R. pt. 551, subpt. J; Pretrial Inmates Program Statement7331.04.
Inmates have no constitutional right to social prison visits, and the courts have accorded
substantial deference to the judgment of prison administrators to place limitations on inmate
visiting. Based on security concerns, institutions may restrict visitation. An inmate’s visiting
privileges may be withheld as a disciplinary sanction. See 28 C.F.R. § 541.31(k).

2.

Telephones

Telephone privileges are another means of maintaining community and family ties. See 28
C.F.R. pt. 540, subpt. I; Inmate Telephone Regulations, Program Statement 5264.08. Inmates
may call friends and family outside the institution on a telephone provided for that purpose. An
inmate’s telephone time is ordinarily limited to 300 minutes per calendar month. Limitations andconditions may be imposed upon an inmate’s telephone privileges to ensure consistency with otheraspects of correctional management responsibilities.
Inmates are advised of the institution’s telephone monitoring capability, and a notice is posted ateach inmate telephone advising that calls are monitored. Inmates sign the BP-A0407 andBP-A0408 forms to acknowledge they have been informed that phone calls are monitored. Use of
the telephone constitutes consent to the monitoring of calls. Inmates are responsible for the
expenses of inmate telephone use. See 28 C.F.R. § 540.105(a); Inmate Telephone Regulations,33

Program Statement 5264.08. Unmonitored calls to attorneys are permitted in limited
circumstances. See infra Section F.5., Unmonitored Legal Telephone Calls. Third-party orother alternative call arrangements are not permitted, thus limiting the opportunity for inmates to
use the phones for criminal or other inappropriate purposes. Inmates are not permitted possession
or use of cellphones or electronic communication devices. Any such possession or use is grounds
for disciplinary action and possible criminal prosecution.
3.

Written and Electronic Correspondence

Inmates are encouraged to write to family, friends, and other community contacts during
incarceration. See 28 C.F.R. pt. 540, subpt. B; Correspondence, Program Statement 5265.14.
Inmate correspondence is classified as “general mail,” “special mail,” or “legal mail.” “Generalmail” is opened and inspected by staff for both contraband and content, which might threaten the
security or good order of the institution. Incoming “special mail” is opened only in the presenceof the inmate, and inspected for physical contraband and the qualification of any enclosures as
special mail. Consult Program Statement 5265.14 for detailed discussion of “general” and“special” mail procedures. Inmates are not permitted use of express mail services.
For more information regarding inmate “legal mail,” see infra Section V.F.4., Legal Mail.
All BOP facilities provide eligible inmates with the capability to send and receive electronic
messages using dedicated BOP computers. See Trust Fund/Deposit Fund Manual, Program
Statement 4500.12. The Trust Fund Limited Inmate Computer System (TRULINCS) electronic
messaging system is funded entirely by the Inmate Trust Fund, which is maintained by profits
from inmate purchases of commissary products and telephone services, and the fees inmates arepay for using TRULINCS. Inmates have no access to the Internet. As with traditional mailcommunication, all such messages are subject to staff monitoring, including an inmate's electronic
communication with his or her attorney. Message content is subject to the same restrictions asregular mail.
Inmates (other than pre-trial detainees), may not direct a business while incarcerated. This does
not, however, prohibit correspondence necessary to enable an inmate to protect property and funds
that were legitimately the inmate’s at the time of commitment. For example, an inmate may
correspond about refinancing an existing mortgage or sign insurance papers, but may not operate amortgage or insurance business while in the institution.
Inmates are permitted to receive commercial publications from the community in accordance with
28 C.F.R. pt. 540, subpt. F, and Incoming Publications, Program Statement 5266.11. Except
when precluded by statute, inmates are permitted to subscribe to, or receive by mail, publications
without prior approval. See 28 C.F.R. § 540.70; Incoming Publications, Program Statement
5266.11. The BOP has established procedures to determine if an incoming publication isdetrimental to the security, discipline, or good order of the institution, might facilitate criminal
activity, or is otherwise prohibited by law, and will reject publications which are found to meet thatcriteria.

34

E.

Inmate Discipline ProcedurePursuant to 18 U.S.C. § 4042(a)(3), the BOP administers an inmate disciplinary process topromote a safe and orderly environment for inmates and staff. After arriving at a BOP facility, allinmates receive written notice of their rights and responsibilities, prohibited acts within theinstitution, the possible range of sanctions for each offense, and disciplinary procedure.
Violation of a prohibited act carries sanctions corresponding to the severity of the offense.
Sanctions may include time in disciplinary segregation, loss of good time credits, and loss ofprivileges. See 28 C.F.R. pt. 541, subpt. A; Inmate Discipline Program, Program Statement
5270.09. Only institution staff may take disciplinary action against inmates. Corporalpunishment, as well as retaliatory and capricious disciplinary action, is not permitted under any
circumstance.
Consistent with the minimum procedural protections required by Wolff v. McDonnell,
418 U.S. 539 (1974), the BOP disciplinary process requires that staff provide the inmate witha written copy of the charges, and that the inmate is entitled to be present during the initial hearing.
An inmate is not permitted a staff representative nor to call witnesses at a Unit Discipline
Committee (UDC) hearing, but may present documentary evidence. However, at a Discipline
Hearing Officer (DHO) hearing, the inmate may request a staff representative and may havewitnesses appear at the proceeding. An attorney may not represent the inmate at either hearing.
Inmates may appeal the decision of the UDC or the DHO through the Administrative Remedy
program. See 28 C.F.R. pt. 542, subpt. B; Administrative Remedy Program, Program Statement
1330.18.

F.

Inmate Access to Court

The Supreme Court in Lewis v. Casey, 518 U.S. 343 (1996), held that while prisons wereconstitutionally required to provide inmates with meaningful access to the courts, they were notrequired to do so in any particular manner. The BOP affords inmates reasonable access to thecourts by providing them with legal materials, access to their attorney, and reasonable opportunity
to prepare legal documents. See 28 C.F.R. pt. 543; Legal Activities, Inmate, Program Statement
1315.07.
1. Law Libraries
All federal prisons maintain inmate electronic law libraries (“ELLs”). Legal materials available
in the ELL include U.S. District Court, Court of Appeals and Supreme Court decisions, federal
statutes and regulations, and other documents including, but not limited to, court rules andprocedures, federal sentencing guidelines, and resource materials. The ELL also contains the
BOP Program Statements. ELL access is available at workstations located in housing units,
recreation, medical units, disciplinary and administrative segregation and other spaces in theinstitution that the Warden feels is appropriate. Inmates with pending court deadlines may be
given additional time to conduct their legal research on the ELL, if necessary. Training forinmates in the use of the ELL is available through an on-line tutorial and access to a Quick
35

Reference Guide (in English and Spanish). Inmates may also print copies of cases and othermaterials on the ELL. An inmate may solicit or purchase legal materials from outside theinstitution, pursuant to Incoming Publications, Program Statement 5266.11.
2. Preparation of Legal Documents
Inmates are permitted a reasonable amount of time, ordinarily when not participating in ascheduled program or work assignment, to conduct legal research relevant to their case, and toprepare legal documents. See 28 C.F.R. pt. 543, subpt. B; Legal Activities, Inmate, Program
Statement 1315.07. Inmates ordinarily have access to photocopying machines, typewriters, andoffice supplies. For safety, security, and fire hazard reasons, inmates are limited in the amount oflegal materials they may possess. See Legal Activities, Inmate, Program Statement 1315.07;
Inmate Personal Property, Program Statement 5580.08. Inmates may generally assist each otherin preparing legal documents, absent unique security concerns. However, one inmate may notpossess another inmate’s legal materials. Any assistance offered by one inmate to another isvoluntary and an inmate is not entitled to assistance from any specific inmate. No inmate may
receive compensation for assisting another.
3. Attorneys
At every institution inmates are permitted to contact and retain attorneys. See 28 C.F.R. pt. 543,
subpt. B; 28 C.F.R. pt. 551, subpt. J; Legal Activities, Inmate, Program Statement 1315.07;
Pretrial Inmates, Program Statement 7331.04. Attorney visiting ordinarily takes place during
regular institution visiting hours. Attorney visits may be conducted at times other thanestablished visiting hours with the approval of the Warden or the Warden’s designee. Attorneys
and, in some cases, their representatives, may generally visit inmate clients in private conference
rooms if available, or in other accommodations designed to ensure a reasonable degree of privacy.
Attorney representatives, such as interpreters, paralegals, and private investigators, must contact
the institution in advance in order to complete the necessary documentation to be permitted to visit
and inmate on behalf of an attorney. Legal visits are visually monitored, as necessary, but are notsubject to auditory monitoring. See 28 C.F.R. pt. 543, subpt. B.
Visits by Foreign Attorneys. Attorneys who are not licensed in a state or jurisdiction of theUnited States must provide verification of their status as a licensed attorney, in good standing, in aforeign jurisdiction prior to their initial visit. Foreign attorneys should contact their respective
consulate office, which should provide official documentation to the United States Government.
Please have the Consulate Office directly fax the verification to the respective CLC for the
institution they are visiting. Once the status of the foreign attorney is confirmed, the attorney will
be processed as a legal visitor for future visits. A foreign attorney’s status needs to be updated bystaff annually.
4.

Legal Mail

Particular care is taken to ensure that “special mail” (mail to or from courts, attorneys, and certain
government officials) is kept confidential. See 28 C.F.R. pt. 540, subpt. B; Correspondence,36

Program Statement 5265.14. Special mail from attorneys must be marked “Special Mail-Open
only in the presence of the inmate.” In addition, the sender must identify himself or herself on theenvelope as a person entitled to invoke the protections of special mail. The sender’s return
address must reference an individual identified as an attorney, not a firm, e.g., “John Doe,
Attorney,” not “Law Offices of Smith & Smith.” Incoming special mail is opened in the presenceof the inmate and is visually inspected for contraband. Staff may inspect incoming special mail todetermine that it qualifies as such, but may not otherwise review its content.
To reduce the likelihood that inmates will successfully send harmful materials to persons in thecommunity by exploiting the privacy afforded outgoing special mail, all outgoing special mailfrom an inmate must be delivered directly to a staff member for further processing. Staff thenconfirm that the inmate delivering the outgoing special mail to be sent out is the same inmate
reflected in the return address. Inmates may seal outgoing special mail, before submitting
directly to staff for further processing. All outgoing special mail is subject to scanning byelectronic means.
5.

Unmonitored Legal Telephone Calls

Inmates may place unmonitored telephone calls to their attorneys. See 28 C.F.R. pt. 540; Inmate
Telephone Regulations, Program Statement 5264.08. To do so, inmates must specifically request
staff assistance to first approve the call, and then place the call on an unmonitored staff telephone.
A pretrial inmate may telephone his or her attorney as often as resources of the institution allow.
See 28 C.F.R. pt. 551, subpt. J; Pretrial Inmates, Program Statement 7331.04. To receive
permission to place an unmonitored attorney call, an inmate is ordinarily required to establish that
his or her communication with attorneys by other means is not adequate. The 300-minute percalendar month limitation does not apply to unmonitored legal telephone calls. Inmate requests
for unmonitored attorney calls are carefully reviewed. Frequent unmonitored telephone calls
increase an inmate’s opportunity to pursue illegal activities without detection, and require an
inordinate amount of staff time.
6.

Inmate Involvement in Litigation While Incarcerated(a)

Depositions

Should an attorney wish to take an inmate’s deposition, the attorney must contact the inmate
directly to obtain his or her consent to being deposed. In matters pending in federal court, leave ofa court of competent jurisdiction must be obtained prior to taking any deposition of a federal
inmate. See FED. R. CIV. P. 30(a)(2)(B). If the inmate agrees to cooperate, the attorney should
then contact the relevant institution, in which the deposition is to be held, to assist in making
arrangements. CLC staff at the relevant institution are available to assist, as needed. The
attorney must submit a written request to the Warden containing the following information:(1) Name and register number of the inmate being deposed;(2) Name, title, and organization of each person attending;37

(3) Requested date and time for the deposition;(4) Expected length of deposition;(5) List of all equipment to be used at the deposition;(6) Case caption, case number, and nature of matter;(7) Whether inmate consent has been obtained; and(8) Court order, if applicable.
Recording devices are not permitted inside the institution without the prior written permission of
the Warden. Requests to introduce such equipment must be processed and approved prior toscheduling a visit. Furthermore, all equipment is subject to inspection prior to entering theinstitution.
If approved, at the discretion of the Warden, a room may be made available for the deposition.
The Warden may also limit the total number of people who can attend the deposition based on theavailable accommodations. Further, the attendees will generally be limited to the attorneys
representing the inmate-deponent, party attorneys, court reporters, or videographers. Ordinary
visiting regulations will apply and each entrant must complete the visitor application process
before being admitted to the institution.
(b)

Subpoenas

Response to a subpoena by BOP staff will be processed in accordance with applicable policy.
See, 28 C.F.R. pt. 513; Release of Information, Program Statement 1351.05. Should an attorneyrequest the appearance of a staff member in a court proceeding, or request the production of
documents by subpoena, the CLC attorneys will consult with the relevant U.S. Attorney’s Office,in accordance with 28 C.F.R. pt. 16, subpt. B. Requests for documents may also be handled
through a Freedom of Information Act (FOIA) request. Consult www.bop.gov/foia for more
information on the FOIA process.
(c)Service of Process on Inmates

The BOP will not accept service of process for or on behalf of an inmate. Anyone desiring toserve an inmate may use a local process server, or otherwise follow local court procedures in thejurisdiction in which the inmate is housed. Wardens may require local process servers
effectuating in-person service to be a law enforcement officer acting in that capacity. If otherwise
permitted to perform in-person service on inmates, Wardens may require non-law enforcement
process servers to undergo a criminal background check. The prospective process server orindividual seeking to effect service of process is advised to contact the institution in which theinmate is housed, for specific information.
(d)State Court Appearance of an Inmate

In accordance with 28 C.F.R. pt. 527, subpt. D, and Transfer of Inmates to State Agents for
Production on State Writs, Program Statement 5875.13, the BOP will consider the request of a38

state or local court for the transfer of an inmate to local physical custody pursuant to a state writ ofhabeas corpus ad prosequendam or ad testificandum. Such transfer is at the discretion of theWarden. Transfers in civil cases pursuant to a writ ad testificandum must be cleared through boththe institution CLC and the Warden. Transfers will be recommended only if the case issubstantial, where testimony cannot be obtained through alternative means such as depositions orinterrogatories, and where security concerns do not preclude such a transfer. Telephonic or video
appearance of the inmate is possible, subject to staff availability and prior approval from theWarden.
(e)

Inmate Access to Electronic Discovery Materials

In some circumstances, an inmate may access litigation documents in various electronic formats
rather than in printed form. Electronic legal materials for inmate review should be provided by anattorney on a storage device appropriate with the maintenance of the safety and security of theinstitution and compatible with the configuration available at the institution. Specific requests
and/or questions regarding the institution’s e-discovery capabilities should be directed to theWarden of the institution in which the inmate is confined. All external hard drives, thumb drives,
CD/DVDs, or other removable media entering a BOP facility, or received from any source, mustbe scanned for viruses and malware prior to use within the facility. See Information Security,
Program Statement 1237.16.

G.

Administrative Remedy Program

The Administrative Remedy Program provides every inmate with the opportunity to seek formal
review of a grievance concerning virtually any aspect of his or her confinement, should informal
procedures not achieve resolution. See 28 C.F.R. pt. 542, subpt. B; Administrative Remedy
Program, Program Statement 1330.18. This program applies to all inmates confined ininstitutions operated by the BOP, inmates designated to contract RRCs, and to former inmates for
issues which arose during confinement. Inmates are obligated to attempt informal resolution ofgrievances prior to filing a formal request for administrative remedy. Once a formal request is
filed at the institution level (“BP-9”), the Warden of that facility has 20 days to investigate andprovide the inmate a written response. If the inmate is dissatisfied with the Warden’s response, heor she has 20 days to file a Regional Administrative Remedy Appeal (“BP-10”). Once received in
the Regional Office, the Regional Director has 30 days to investigate and provide the inmate awritten response. If the inmate is dissatisfied with the Regional Director’s response, he or she has
30 days to file a Central Office Administrative Remedy Appeal (“BP-11”). Once received in theCentral Office, the Administrator, National Inmate Appeals, has 40 days to investigate and provide
the inmate a written response. After receiving the Administrator’s response, the inmate has
exhausted the BOP’s Administrative Remedy Program. The program provides for expedited
investigations and responses in emergency situations, as well as providing extensions of time forboth filing grievances and receiving responses. No time limit is imposed upon an inmate raising
allegations of sexual abuse through the administrative remedy system.
39

If the inmate considers the issue to be sensitive, e.g., the inmate’s safety or well-being would beplaced in danger if the request became known at the institution, the inmate may submit the appeal
directly to the appropriate Regional Director. The inmate must mark the request as “sensitive"and explain in writing the reason for not submitting the request at the institution. If the Regional
Administrative Remedy Coordinator agrees that the request is sensitive, the request shall be
accepted, investigated, and a response will be generated. Otherwise, the request will not be
accepted, and the inmate shall be advised in writing of that determination, without a return of therequest. The inmate may then pursue the matter by submitting a request for Administrative
Remedy locally to the Warden. The Warden shall allow a reasonable extension of time for such a
resubmission.
The PLRA requires prisoners to exhaust administrative remedies before filing suit in federal court.
That statute provides that “[n]o action shall be brought with respect to prison conditions under
section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, orother correctional facility until such administrative remedies as are available are exhausted.” See
42 U.S.C. § 1997e(a). See also Porter v. Nussle, 534 U.S. 516 (2002); Booth v. Churner, 532 U.S.
731 (2001). Exhaustion is mandatory in Bivens actions. 4 However, exhaustion in habeas
petitions has been judicially created. Exhaustion is generally expected; however, courts may
waive it in cases where they believe exhaustion would have been futile. The requirement toexhaust the administrative remedy process serves to: (1) promote administrative efficiency by
preventing premature judicial interference with agency processes; (2) encourage respect for
executive autonomy by allowing an agency opportunity to correct its own errors; (3) facilitate
judicial review by affording courts the benefits of an agency’s experience and expertise; and (4)serve judicial economy by having the agency compile the factual record.
The Supreme Court reaffirmed these holdings, mentioned above, in Woodford v. Ngo, 548 U.S.
81, 90-91 (2006), and mandated “. . .compliance with an agency’s deadlines and other criticalprocedural rules because no adjudicative system can function effectively without imposing someorderly structure on the course of its proceedings.” The Supreme Court further held in Woodford,“[t]he text of 42 U.S.C. § 1997e(a) strongly suggests that PLRA uses the term ‘exhaustion’ tomean. . .proper exhaustion.” Section 1997e(a) refers to “such administrative remedies as areavailable” and thus points to the doctrine of exhaustion in administrative law. See Jones v. Bock,
549 U.S. 199 (2007).
The BOP Administrative Remedy Program is administered differently for inmates in private
facilities. Should an inmate at a private facility wish to appeal a local decision, the inmate may
file with the local institution. Inmates in private facilities who wish to grieve a specific BOP
matter (which is limited to classification, designation, sentence computation, reduction of
The term “Bivens actions” stems from the case, Bivens v. Six Unknown Named Agents ofFederal Bureau of Narcotics, 403 U.S. 388 (1971). In a Bivens action, an inmate is suing a staff
member in their individual capacity, alleging that the staff member intentionally or maliciously
violated an inmate’s clearly established constitutional right. The inmate seeks monetary damages
directly from the employee and not from the U.S. Government.
40
4

sentence, removal or disallowance of Good Conduct Time, or issues directly involving BOP staff)
may utilize the progressive BOP administrative remedy process available to all federal inmates.
The appeal must then be filed with the Chief of the BOP’s Privatization Management Branch.

H.

Inmate Personal Property

Inmates may possess only that property which is authorized by policy to be retained uponadmission to the institution, is issued while the inmate is in custody, is purchased in the institutioncommissary, or is approved by staff to be mailed to, or otherwise received by an inmate. See 28
C.F.R. pt. 553; Inmate Personal Property, Program Statement 5580.08. These rules contribute to
the management of inmate personal property in the institution and contribute to a safe environment
for staff and inmates by reducing fire hazards, security risks, and sanitation problems. Required
hygiene items are issued by the institution, and personal preference items are available forpurchase in the inmate Commissary. See Property Management Manual, Program Statement
4400.05; Grooming, Program Statement 5230.05. Inmates may purchase a variety of clothing,snacks, and grooming items in the inmate Commissary at scheduled times. As of April 15, 2006,
no tobacco products are sold in the Commissary, and inmates are prohibited from smoking or
using tobacco in any form except for religious purposes as authorized by staff in accordance with
Religious Beliefs and Practices, Program Statement 5360.09.

I.

Inmate Liens

Following passage of the Court Security Improvement Act of 2007, Pub. L. No. 110-177, the BOP
added additional restrictions to the documents an inmate may possess. Title 18 of the UnitedStates Code, § 1521, establishes a criminal offense for filing, attempting to file, or conspiring tofile, a false lien or encumbrance against the real or personal property of a federal judge or federal
law enforcement officer. Secondly, 18 U.S.C. § 119 establishes a criminal offense for making
publicly available “restricted personal information” about a “covered person” with the intent tothreaten, intimidate, or incite a crime of violence against such persons which includes court
officers, jurors, witnesses, informants, and federal law enforcement officers. Inmate mail whichcontains documents determined to be related to fraudulent Uniform Commercial Code (UCC)
filings, redemption, and/or copyright proceedings may be rejected as outlined in Correspondence,
Program Statement 5265.14. If an inmate is found to found in possession of these types of
documents or information without authorization, those items will be confiscated, and the inmate
will be subject to inmate discipline. In addition, materials believed to be of a criminal nature will
be reviewed to determine whether the action should be referred for criminal prosecution, as notedin Criminal Matter Referrals, Program Statement 1350.01.

41

J.

Special Administrative Measures
1.

National Security Cases, 28 C.F.R. § 501.2

Upon direction of the Attorney General, the Director may authorize the Warden to implement
Special Administrative Measures (SAMs) that are reasonably necessary to prevent disclosure ofclassified information that would pose a threat to the national security if the inmate disclosed suchinformation. SAMs include, but are not limited to, placing an inmate in administrative detention
and restricting social visits, mail privileges, phone calls, access to other inmates and to the media.
Section 501.2 authorizes the Director, upon direction of the Attorney General, to determine theperiod of time an initial SAM is imposed, up to one year. The Director may also extend the SAM
in increments of time not to exceed one year, if the Attorney General receives certification fromthe intelligence community that there is a danger that the inmate will disclose classified
information and that the unauthorized disclosure would pose a threat to the national security.
2.

Prevention of Acts of Violence and Terrorism, 28 C.F.R. § 501.3

Upon direction of the Attorney General, the Director may authorize the Warden to implement
SAMs that are reasonably necessary to protect persons against the risk of death or serious bodily
injury. These procedures may be implemented when there is a substantial risk that an inmate’s
communications or contacts with persons could result in death or serious bodily injury to persons,or substantial damage to property that would entail the risk of death or serious bodily injury to
persons. Initial imposition of the SAM may be for a period of time not to exceed one year.
The Director may extend the SAM in increments of time not to exceed one year, on receipt of
written notification from the Attorney General that certification was received by the Attorney
General from law enforcement or the intelligence community that there continues to be a
substantial risk that the inmate’s communications or contacts with other persons could result indeath or serious bodily injury to persons, or substantial damage to property that would entail therisk of death or serious bodily injury to persons.

K.

Family Emergencies and Temporary Releases

In limited circumstances, temporary release from the prison facility may be obtained through anapproved furlough or an escorted trip. See 28 C.F.R. pt. 570, subpt. C; subpt. D; Inmate
Furloughs, Program Statement 5280.09; Escorted Trips, Program Statement 5538.07. Several
factors are reviewed in determining whether a trip is permissible and how such a trip will beaccomplished including the reason for the trip and the offender’s criminal history, security
designation, and custody classification.

42

1.

Furloughs

A furlough is an authorized absence from an institution by a sentenced inmate without an escortfrom the BOP, the USMS, or other federal or state agent. See Inmate Furloughs, Program
Statement 5280.09. For federal inmates whose offense occurred on or after November 1, 1987,
18 U.S.C. § 3622 vests the BOP with the sole authority to grant furloughs; for offenses committed
prior to November 1, 1987, 18 U.S.C. § 4082 provides the authority for furloughs. The BOP hasdelegated this function to the Warden of the federal prison in which the inmate is incarcerated.
See 28 C.F.R. § 570.33.
Furloughs are a privilege intended to help inmates develop release plans; re-establish family ties;
participate in educational, religious, or social activities; or receive essential medical treatment thatis not available in BOP custody. Except where the purpose of the furlough is to obtain necessary
health care treatment, or to transfer to another facility, the inmate or the inmate’s family must bear
all expenses of the furlough, including transportation. Only inmates within two years of theiranticipated release dates and who have community custody are eligible for non-emergency day
furloughs. An inmate who meets these and other requirements set forth in policy may apply to theWarden for a furlough. Pretrial inmates are excluded from consideration. The Warden
ordinarily may not grant a furlough to an inmate convicted of a serious crime against a person orwhose presence in the community could attract undue public attention, or undermine theseriousness of the offense. An inmate may appeal denial of a furlough application through the
Administrative Remedy Program.
2.

Escorted Trips

The BOP provides approved inmates with staff-escorted trips into the community for such
purposes as receiving medical treatment not otherwise available at the institution, visiting a
critically ill member of the inmate’s immediate family, attending a funeral, or participating in acommunity program or work-related function. See Escorted Trips, Program Statement 5538.07.
Escorted trips fall into one of two categories, medical and non-medical. The need for an escorted
trip may arise unexpectedly (e.g., to visit a critically ill family member) or may be planned inadvance (e.g., to attend an educational function). In many instances, the inmate and/or familymust bear the cost of an escorted trip. An inmate may appeal denial of an escorted trip application
through the Administrative Remedy Program.

L.

Release1.

Early Release from Prison(a)Executive Clemency

The United States Constitution, Article II, Sec. 2, gives the President authority to issue pardons,
commute sentences, remit fines, and grant reprieves to any person convicted of a federal crime.
43

The U.S. Pardon Attorney ordinarily reviews all petitions for Executive Clemency, undertakes thenecessary investigation, and prepares a recommendation for the President.
To expedite the Pardon Attorney’s consideration of an inmate’s petition for commutation of asentence of imprisonment, a federal inmate seeking commutation should send the petition throughthe Warden to the Pardon Attorney. An inmate may request the appropriate forms andinstructions for filing a petition for commutation of sentence from the inmate’s case manager at theinstitution. Upon request from the Pardon Attorney, the Director will forward a recommendationon the inmate’s petition. Staff may not refuse to process an inmate’s petition for commutation ofsentence, even when it appears that the inmate is not eligible. See, 28 C.F.R. pt. 1; 28 C.F.R. pt.
571 subpt. E; Commutation of Sentence, Petition for, Program Statement 1330.15. Inmatesseeking a pardon (rather than commutation of sentence) must wait at least five years after theirrelease from confinement, or, if no confinement was imposed, five years after the date ofconviction. See 28 C.F.R. § 1.2, Eligibility for Filing Petition for Pardon. No petition will be
accepted from a person on probation, parole, or supervised release. See id.
(b)Reduction in Sentence

Title 18 U.S.C. § 3582(c)(A)(i) authorizes the sentencing court to reduce an inmate’s sentence
upon motion of the Director of the BOP “if it finds that extraordinary and compelling reasons
warrant such a reduction [and] that such a reduction is consistent with applicable policy statements
issued by the Sentencing Commission.” See 28 C.F.R. pt. 571, subpt. G; Compassionate
Release/Reduction in Sentence; Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) &4205(g), Program Statement 5050.50. For inmates whose offense was committed prior to
November 1, 1987, the BOP may file a motion with the sentencing court seeking to reduce theinmate’s minimum term to the time the inmate has served, thereby making the inmate eligible forparole consideration. The BOP cannot file a motion on behalf of inmates who are already parole
eligible. Those inmates must go directly to the Parole Commission or the BOP may recommend
to the Parole Commission that the inmate be again reviewed for possible parole. See 18 U.S.C.
§ 4205(g). In any event, the actual release decision then rests with the Parole Commission, rather
than with the sentencing court.
For inmates who committed their offense on or after November 1, 1987, the Director may ask the
U.S. Attorney, in the jurisdiction that prosecuted the inmate, to file the BOP’s motion for reduction
in sentence (RIS), as the BOP cannot represent itself before the court. Inmates may request a RIS
under the criteria enumerated in Compassionate Release/Reduction in Sentence; Procedures for
Implementation of 18 U.S.C. §§ 3582(c)(1)(A) & 4205(g), Program Statement 5050.50, which
includes medical or non-medical circumstances. Medical circumstances include terminal
medical condition and debilitated medical condition. Non-medical circumstances may include
elderly inmates; elderly inmates with medical conditions; circumstances in which there has been adeath or incapacitation of the inmate’s child caregiver, or the incapacitation of an inmate’s spouseor registered partner. When reviewing a RIS request, BOP considers a number of factors
enumerated in the Program Statement, such as the nature and circumstances of the inmate’s
offense; the inmate’s criminal history, including any violations while on supervision; the inmate’s
44

institutional adjustment, including the inmate’s disciplinary history; the inmate’s release plan; andwhether release of the inmate would minimize the severity of the inmate’s offense or pose a danger
to the safety or any other person or to the community. As part of the review process, BOP may
solicit the input of identified victims and the U.S. Attorney’s Office responsible for prosecuting
the inmate. In addition, the Director may consult with the Office of the Deputy Attorney General
as appropriate. D.C. Code inmates may submit RIS requests under the relevant D.C. Codeprovisions.
Pursuant to the FSA, after an inmate has fully exhausted all administrative rights to appeal a failureof the BOP to bring a motion on the inmate’s behalf, or the lapse of 30 days from the receipt of an
inmate’s RIS request by the Warden of the inmate’s facility, whichever is earlier, the inmate ispermitted to file a motion for RIS directly with the sentencing court.
2.

ParoleMany inmates sentenced to a term of imprisonment of more than one year for offenses committed
before November 1, 1987, are eligible to be released on parole. See 18 U.S.C. § 4205; 28 C.F.R.,
pt. 2. Generally, inmates must complete one-third of the term imposed or some othercourt-imposed minimum term before becoming eligible for parole. See 28 C.F.R. pt. 2;
Correctional Systems Manual, Program Statement 5800.15; Sentence Computation Manual/Old
Law/Pre CCCA 1984, Program Statement 5880.30.
A federal inmate seeking parole must apply to the United States Parole Commission. At least 60
days prior to the initial parole hearing, the inmate is notified of the time and place of the hearing
and of the right to review all documentation to be considered by the Parole Commission. See 28
C.F.R. pt. 2.
3.

Pre-Release or Community Confinement in Preparation for Release

Pursuant to 18 U.S.C. § 3624(c), most inmates nearing release or parole from a federal institution
will be housed at an RRC for transitional services during the final portion of their sentence.
Such placement assists the offender in finding a job, locating a place to live, and re-establishingfamily ties.
RRCs are operated by a number of social service agencies and private companies under contract tothe BOP. RRCs offer a broad spectrum of pre-release programs for community confinement offederal offenders. To oversee these services, the BOP maintains a network of Residential Reentry
Management Offices in major cities throughout the country. See Community Corrections
Manual, Program Statement 7300.09.
While BOP staff closely monitor RRCs, the RRC contractor is responsible for all aspects of theinmate’s confinement. The RRC will assist the inmate in locating employment; medical care;social services; and in re-establishing community and family ties. Should an inmate violate any
conditions of his or her residence at the facility, or has been involved in any further criminal
45

activity, disciplinary sanctions will be imposed. An inmate may be returned to custody. All
RRC disciplinary sanctions imposed against the inmate will be reviewed by BOP staff to ensurecompliance with BOP policy.
Inmate program plans are individualized and tailored to the reintegration needs of the offender.
During their stays, employed offenders may be required to pay a subsistence charge to help defray
the costs of their confinement in the RRC. See 18 U.S.C. § 3622(c).
4.

Home Confinement

Home confinement provides an opportunity for offenders to assume increasing levels of
responsibility while at the same time providing sufficient restrictions to promote community
safety and convey the sanctioning value of the sentence. See Home Confinement, Program
Statement 7320.01. Title 18 of the United States Code, § 3621, requires the BOP to designate any
penal or correctional facility as the place of a prisoner’s confinement; accordingly, an inmate will
not be designated to home confinement at the beginning of his or her sentence. Home
confinement may be considered for an eligible inmate nearing the end of his or her sentence, and is
an option for offenders who no longer require the structure of a halfway house. The offenderremains at his or her place of residence during non-working hours, and may be monitored by
telephonic or electronic signaling devices. See 18 U.S.C. § 3563(b)(19). Inmates may
participate in home confinement only during the last 10% of their sentence or 6 months prior totheir Good Conduct Release date, whichever is less. See 18 U.S.C. § 3624(c); 28 C.F.R. pt. 570,
subpt. B.
The BOP uses two different methods to monitor inmates on home confinement. The first requires
the RRC to track the inmate’s whereabouts and curfew compliance through daily telephone
contacts and periodic personal contacts at the home and workplace. The inmate must also reportto the RRC on a scheduled basis for counseling and program updates.
The second method involves electronic monitoring. Many RRCs utilize such electronicmonitoring technology, usually involving the use of an ankle bracelet signaling a computer-driven
receiving and recording device to monitor an inmate’s location.

M.

Notification to the Community of the Release of an Offender

Title 18 of the United States Code, § 4042(b), requires that the BOP notify tribal, state, and local
law enforcement officials at least five calendar days prior to the release of an inmate to supervised
release, probation, or parole, who has been convicted of a “drug trafficking crime” or a “crime ofviolence.” Prisoners released under the protection of the Witness Protection Program may be
exempt from this provision. This requirement applies to all inmates whose current offense ofconviction, or whose criminal history as determined by staff, includes such a conviction. For
those inmates confined in an RRC, such notification is made at least two weeks prior to theinmate’s release. BOP staff supply the offender’s name, criminal history, final release date to46

supervised release, probation or parole, the offender’s projected address on supervised release,probation or parole, and any release conditions or restrictions on the conduct of the prisoner
imposed by the sentencing court, other than the Standard Conditions of Supervision found on the
J&C. See Notification Requirements Upon Release of Sex Offenders, Violent Offenders, andDrug Traffickers, Program Statement 5110.17.
Title 18 of the United States Code, § 4042(c), requires notification be made for those inmates who
have been convicted of certain sexual offenses. Such notification operates both to ensure thesafety of the community, and to ensure that inmates convicted of sex offenses are made aware of
local treatment opportunities and registration requirements prior to their release. See Notification
Requirements Upon Release of Sex Offenders, Violent Offenders, and Drug Traffickers, Program
Statement 5110.17. Notification is made to the chief law enforcement officer of the state, to thechief local or tribal law enforcement official, to the appropriate U.S. Probation Office, and in
addition, to the sex offender registration official in the responsible for the receipt or maintenanceof such information. Notification must be made at least two weeks prior to the release date.
Further, staff must attach a completed Sex Offender Registration and Treatment Notification form,
to document that the inmate was advised of sex offender registration requirements that may be
operable in the releasing jurisdiction.
Sex offender registration and reporting requirements have been made more stringent with passageof the Walsh Act. The Walsh Act establishes standards for a nationwide sex offender registry,and provides grant money to the states upon compliance with the requirements of the act. It is theinmate’s legal requirement to register upon release. Section 141 of the Walsh Act, codified at 18
U.S.C. § 2250, creates federal criminal liability for failure to register.
The Victim and Witness Protection Act of 1982, the Crime Control Act of 1990, the Violent Crime
Control and Law Enforcement Act of 1994, as well as the Attorney General’s Guidelines forVictim and Witness Assistance, set forth procedures to meet the needs of crime victims andwitnesses. BOP will respond to a request from a victim or witness who wishes to be notified
regarding a specific inmate’s release or release-related activities. See Victim and Witness
Notification Program, Program Statement 1490.06. A victim or witness of a serious crimerequesting to be notified of a specific inmate’s release must make this request to the United States
Attorney in the district where the prosecution occurred. Upon receiving such a request from the
U.S. Attorney, BOP staff will promptly notify the victim or witness when his or her request for
notification has been received. Staff will then notify the requestor of the initial designation of theinmate, the inmate’s application for RIS, for Treaty Transfer application, upcoming parole
hearing, upcoming military clemency hearing, and should the inmate be released to parole, to an
RRC, or to the community, as well as any incidence of furlough, escape, death, and in the eventthat the offender is recommitted to custody after release from incarceration.

VI.

CONCLUSION

The Bureau of Prisons is committed to the safety of the community, and to the security and47well-being of incarcerated offenders. Consult the BOP website, and contact the relevant BOP
office, should you have any further questions or concerns.

VII. APPENDICES
Appendix A: Summary Table, Application of Title 18 U.S.C. Chapter 313
Offenders with Mental Disease or DefectNote: All examinations ordered pursuant to Chapter 313 are conducted in accordance with theprovisions of 18 U.S.C. § 4247 (b) and (c). Specifically, 18 U.S.C. § 4247(b) requires that theexamination be conducted by a licensed or certified psychiatrist or psychologist and that theperson to be examined be committed to the custody of the Attorney General for placement in asuitable facility. Unless impracticable, the examination shall be conducted in a suitable facility
closest to the court.
Appendix B: Regional Counsel and Consolidated Legal Center (CLC) Offices
Appendix C: Relevant Acronyms

APPENDIX A: Summary Table
Application of Title 18 U.S.C. Chapter 313; Offenders with Mental Disease or Defect

CITATIONSTATUTORY OBLIGATIONCOMMENTARYPRETRIAL

PRETRIAL

PRETRIAL§ 4241(a) –Motion to determine
competency of defendant.

The defendant may be committed for areasonable period (not to exceed 30 days) for
examination; the court may approve a 15-day
extension. See 18 U.S.C. § 4247(b).

The court may permit a psychiatrist or
psychologist in the community to
conduct the examination. This isparticularly appropriate if the
defendant is on bond.

The examination will be conducted at thenearest suitable facility to the criminal court, if
practicable. See 18 U.S.C. § 4247(b).

The BOP will not cover the cost of an
examination conducted in thecommunity.
If the BOP is responsible for the §4241 study, psychologists willconduct the examination.
The time period for a § 4241 study
begins to run from the time the48

defendant arrives at the institution.
§ 4241(d) –Determination whether the
defendant will attaincompetency.

If found mentally incompetent, due to a mental
disease or defect, the defendant shall be
hospitalized for a reasonable period of time (notto exceed 4 months), as is necessary to
determine whether there is a substantial
probability that in the foreseeable future he willattain competency. The defendant may becommitted for an additional reasonable period
until either the defendant attains competency, or
until charges are dropped. If at the end of thetime period specified, it is determined that thedefendant’s mental condition has not so
improved, as to permit proceedings to go
forward, the defendant is subject to theprovisions of § 4246 and § 4248.

§ 4242 –Determination of theexistence of insanity at thetime of the offense.

The defendant may be committed for areasonable period (not to exceed 45 days) for
examination; the court may approve a 30-day
extension. See 18 U.S.C. § 4247(b).
The examination will be conducted at thenearest suitable facility to the criminal court, if
practicable. See 18 U.S.C. § 4247(b).

The court may permit a psychiatrist or
psychologist in the community to
conduct the examination. Thismethod is particularly useful if the
defendant is out on bond.
The BOP will not cover the cost of an
examination conducted in thecommunity.
If the BOP is responsible for the §4242 study, psychologists willconduct the examination.
The time period for a § 4242 study
begins to run from the time thedefendant arrives at the institution.

49

CITATIONSTATUTORY OBLIGATIONCOMMENTARY

POST-TRIAL

POST-TRIAL

POST-TRIAL§ 4243(a) – Commitment of aperson found not guilty only
by reason of insanity.

The acquittee must be committed to a suitablefacility for examination for a reasonable period
not to exceed 45 days (the court may approve a
30-day extension), to determine if his or her
release would create a substantial risk of bodily
injury to others, or serious damage to theproperty of another.

The Attorney General may seek civil
commitment under State law. See
18 U.S.C. § 4247(i)(B).

§ 4243(e) –Civil commitment should thecourt determine that releasing
the acquittee would create
substantial risk of bodily
injury to others, or serious
damage to the property of
another.

The acquittee shall be committed to the custodyof the Attorney General.

The State may agree to assume
responsibility for care and treatment of
the acquittee; this includes assuming
all financial responsibility.

The acquittee will remain hospitalized until the
Attorney General is able to arrange for releaseto the State where the acquittee was domiciled(or tried) for treatment and care, or until theacquittee's condition has improved such that
release would no longer pose a risk of bodily
injury to others, or serious damage to theproperty of another.
The director of the facility shall file annual
reports regarding the acquittee's condition.
See 18 U.S.C. § 4247(e).

§ 4243(f) Certification for discharge
should the director of the
facility determine that theacquittee may be released.

The director of the facility must file with thecourt a certificate stating that the acquittee has
recovered such that release, conditionally or
unconditionally, would no longer create asubstantial risk of bodily injury to others, orserious damage to the property of another.

The director of the facility must filewith the court a certificate stating thatthe acquittee is ready to be released.

The acquittee may not be released without court
order.
Revocation of conditional release is handled by
the original committing court.
§ 4244(a) –Motion to determine whether
the convicted person issuffering from mental diseaseor defect and requires
treatment prior to sentencing.

The defendant may be committed for areasonable period (not to exceed 30 days) for
examination; the court may approve a 15-day
extension.

§ 4244(d) –Civil commitmentof a convicted defendant who
is suffering from mental
disease or defect and requires

The defendant shall be committed for
hospitalization in a suitable facility under aprovisional sentence. The provisional
sentence is valid up to the statutory maximum
for the underlying crime under § 4244(d).

The court may permit a psychiatrist or
psychologist in the community to
conduct the examination.
The BOP will not cover the cost of an
examination conducted in thecommunity.

50

CITATION
POST-TRIALSTATUTORY OBLIGATIONCOMMENTARY

POST-TRIAL

POST-TRIAL

treatment prior to sentencing.
The director of the facility must file annual
reports regarding the defendant’s condition.
See 18 U.S.C. § 4247(e).
When the defendant no longer suffers from adisease or defect, the director shall file acertificate with the court; the court may modify
the provisional sentence. See 18 U.S.C. §4244(e).
§ 4245(a) –Motion to determine whether
a sentenced person issuffering from a mental
disease or defect and needs
mental health treatment.

The defendant may be committed for areasonable time (not to exceed 30 days) for
examination; the court may approve a 15-day
extension.

§ 4245(d) - Commitment of aperson who is presently
suffering from a mental
disease or defect for thetreatment of which he is inneed of custody for care ortreatment in a suitablefacility.

The defendant shall be committed to thecustody of the Attorney General for
hospitalization until the offender is no longer inneed of custody or until the expiration of thesentence of imprisonment, whichever occurs
earlier.

§ 4246(a) Certification of an inmate
who is due for release but
continues to suffer frommental disease or defect,
and as a result, is dangerous.

The director of the facility may file a certificate
with the court if, because of the person’s mental
condition, his or her release would create asubstantial risk of bodily injury to others orserious damage to property of another, wherethat person’s sentence is about to expire, or who
has been committed to the custody of the
Attorney General pursuant to § 4241(d), or
against whom all criminal charges have been
dismissed solely for reasons related to themental condition of the person. The certificate
shall be transmitted to the clerk of court for the
district in which the person is confined.

The examination will be conducted at thenearest suitable facility to the court, if
practicable.

Filing a certificate, pursuant to § 4246(a), stays
the person’s release.
§ 4246(d) –Civil commitment of an
inmate who cannot bereleased because a mental
condition creates risk of harm
to others.

The inmate shall be committed until the State
will assume responsibility for the inmate or the
person's condition improves such that releasewould not create a substantial risk of bodily
injury to another or serious damage to propertyof another.
The Attorney General shall try to makearrangements for the State to assume
responsibility for the inmate's care andtreatment.

51

The State may agree to assume
responsibility for the care andtreatment of the person.
The Attorney General may seek civil
commitment under State law. See
18 U.S.C. § 4247(i)(B).

CITATION
POST-TRIALSTATUTORY OBLIGATIONCOMMENTARY

POST-TRIAL

POST-TRIAL

Revocation of conditional release is handled by
the original committing court.
§ 4248 –Civil commitment of asexually dangerous person.

The Bureau of Prisons may certify to the courtthat the person is a sexually dangerous person.
The court shall order a hearing to make that
determination.
If after the hearing, the court finds by clear andconvincing evidence that the person is sexually
dangerous, the court shall commit the person to
the custody of the Attorney General.
The Attorney General shall try to makearrangements for the State to assume
responsibility for the committee’s care andtreatment.
Revocation of conditional release is handled by
the original committing court.

52

The State may agree to assume
responsibility for the care andtreatment of the person.

APPENDIX B: Regional Counsel and Consolidated Legal Center Offices

Mid-Atlantic Region - MARO:
Matthew Mellady, RegionalCounselPhone: 301-317-3120
Fax: 301-317-3132
Diana Lee, Deputy RegionalCounselPhone: 301-317-3128
Mid-Atlantic Regional Office
302 Sentinel Drive, Suite 200
Annapolis Junction, MD 20701

Northeast Region - NERO:
Darrin Howard, Regional Counsel
Phone: 215-521-7375
Fax: 215-521-7483
Joyce Horikawa, Deputy RegionalCounselPhone: 215-521-7378
Northeast Regional Office
U.S. Custom House - 7th Floor
2nd and Chestnut Streets
Philadelphia, PA 19106

North Central Region NCRO:
Rick Winter, RegionalCounselPhone: 913-551-1006
Fax: 913-551-1107
Mary Noland, Deputy
Regional Counsel
Phone: 913-551-1019
North Central Regional
OfficeGateway Complex Tower II,
8th Floor
4th and State Avenue
Kansas City, KS 66101

South Central Region - SCRO:
Jason Sickler, Regional Counsel
Phone: 972-730-8920
Fax: 972- 730- 8929
Sonya Cole, Deputy RegionalCounselPhone: 972-730-8925
South Central Regional Office
U.S. Armed Forces Reserve
Complex
344 Marine Forces Drive
Grand Prairie, TX 75051

Western Region - WXRO:Southeast Region - SERO:

Dennis Wong, RegionalCounselPhone: 209-956-9732
Fax: 209-956-9795
Dominic Ayotte, Deputy
Regional Counsel
Phone: 209-956-9731
Western Regional Office7338 Shoreline Drive
Stockton, CA 95219

Craig Simmons, Regional Counsel
Phone: 678-686-1281
Fax: 678-686-1299
Vince Shaw, Deputy RegionalCounselPhone: 678-686-1261
Southeast Regional Office3800 Camp Creek Parkway, SW
Building 2000
Atlanta, GA 30331-6226

53

Consolidated Legal Centers

3/18/2019

MXRO

NERO

NCRO

WXRO

SCRO

SERO

MXRO

NERO

NCRO

WXRO

SCRO

SERO

♦Diana Lee
Phone: 301-317-3128
FCI Cumberland, MD
FCI Morgantown, WV
FCI Memphis, TN
USP Hazelton, WV
FCI Hazelton, WV

FMC Lexington♦Carlos Javier Martinez
Ph.:859-255-6812x5710
FMC Lexington, KY
FCI Ashland, KY
FCI Manchester, KY
USP Big Sandy, KY
USP McCreary, KY♦Joyce Horikawa
Phone: 215-521-7378
FDC Philadelphia, PA
FCI Fort Dix, NJ
FCI Fairton, NJ
FCI McKean, PA
FCI Elkton, OH
FCI Loretto, PA
Contract-Moshannon
Valley, Phillipsburg, PA

MCC New York♦Adam Johnson
Phone: 646-836-6455
MCC New York, NY
MDC Brooklyn, NY
FCI Otisville, NY

Ph.:304-252-9758x4105
FCI Beckley, WV
FPC Alderson, WV
USP Lee, VA
FCI McDowell, WV
FCI Gilmer, WV

FMC Butner♦Mike Bredenberg
Ph.: 919-575-3900x6078
FMC Butner, NC
FCI Butner, NC
FCI Butner, NC
LSCI Butner, NC
FCI Petersburg, VA
FCI Petersburg, VA
Contract-Winton, NC♦C. Dominic Ayotte
Phone: 209-956-9731
FCI Dublin, CA
USP Atwater, CA
FCI Herlong, CA
FCI Mendota, CA
Contract-Taft, CA

MCFP Springfield, MO

FMC Rochester♦Kara Anderl
Phone: 507-424-7445
FMC Rochester, MN
FPC Duluth, MN
FCI Sandstone, MN
FCI Waseca, MN
FPC Yankton, SD

FDC SeaTac♦George Cho
Phone: 206-870-1057
FDC SeaTac, WA
FCI Sheridan, OR
FDC Honolulu, HI

AUSP Thomson, IL

St. Louis, MO♦Tracy Knutson

Phone: 314-539-2383

FCI Beckley♦Debbie Stevens♦Mary Noland
Phone: 913-551-1019
USP Leavenworth, KS

FCC Allenwood♦Jonathan Kerr
Phone: 570-522-7642
LSCI Allenwood, PA
FCI Allenwood, PA
USP Allenwood, PA
USP Lewisburg, PA
FCI Schuylkill, PA
USP Canaan, PA

FCI Phoenix

MCC Chicago, IL
FCI Oxford, WIFCI Pekin, IL
USP Marion, IL
FCI Greenville, IL
FCI Terre Haute, IN
USP Terre Haute, IN
FCI Milan, MI♦David Huband
Ph.: 623-465-5115
FCI Phoenix, AZ
FCC Tucson, AZ (2)FCI Safford, AZ
MCC San Diego, CA♦Les Owen
Phone: 978-796-1043
FCI Danbury, CT
FCI Ray Brook, NY
FMC Devens, MA
FCI Berlin, NH

Contract-Big Spring, TX
Contract-Post, TX
Contract-Pecos, TX

MDC Los Angeles

Phone: 719-784-5216♦Eliezer Ben-Shmuel
Ph.: 213-485-0439x5428

FCI Florence, CO
USP Florence, CO

MDC Los Angeles, CA
FCI Terminal Island, CA
FCC Lompoc, CA (2)FCC Victorville, CA (3)ADMAX Florence, CO

FPC Florence, CO
FCI Englewood, CO♦Vince Shaw
Phone: 678-686-1261
FCI Talladega, AL
FCI Jesup, GA
MDC Guaynabo, PR
Contract-McRae, GA
Contract-Folkston, GA

USP Atlanta♦J. Latease Bailey
Phone: 404-635-5400
USP Atlanta, GA
FPC Montgomery, AL

FDC Houston♦Eric Hammonds
Phone: 713-229-4104
FDC Houston, TX
FCI Three Rivers, TX
FCI Bastrop, TX
USP Pollock, LA
FCI Pollock, LA
FCC Oakdale, LA (2)FCC Yazoo City
♦Joshua Robles

FCC Beaumont

Phone: 352-689-7382♦Christina Hauck
Ph.: 409-727-8187x3241
FCC Beaumont, TX (4)FPC Bryan, TX

FCC Florence♦Chris Synsvoll

FMC Devens♦Sonya Cole
Phone: 972-730-8925
FMC Ft. Worth, TX
FMC Carswell, TX
FCI La Tuna, TX
FCI Big Spring, TX
FCI Seagoville, TX

FTC Oklahoma City
♦J. D. Crook
Phone: 405-680-4004

FTC Oklahoma City, OK
FCC Forrest City, AR (2)FCI Texarkana, TX
FCI El Reno, OK
Contract-Hinton, OK

Phone: 662-751-4933
FCI Yazoo City-Med., MS
FCI Yazoo City-Low, MS
USP Yazoo City, MS
FCI Aliceville, AL
Contract- Natchez, MS

FCC Coleman♦Jeffrey Middendorf
FCC Coleman-Med., FL
FCC Coleman-Low, FL
FCC Coleman-Admin., FL
USP I Coleman, FL
USP II Coleman, FL

FCI Miami♦Rick DeAguiar
Phone: 305-259-2511
FDC Miami, FL
FCI Miami, FL
FCI Tallahassee, FL
FCI Marianna, FL
FPC Pensacola, FL

SC/FCI Edgefield♦Lara Crane
Phone: 803-637-1307♦ CLC LEADER54

FCI Edgefield, SC
FCI Estill, SC
FCI Williamsburg, SC
FCI Bennettsville, SC

APPENDIX C: Relevant Acronyms and Abbreviations
A&O
AOUSC
APA
BOP
CCC
CCM
CIMS
CLC
CMP
CMU
COIF
CRP
CSC
CTP
D.C.
DOJ
DHO
DSCC
ESL
FCC
FCI
FDC
FMC
FOIA
FPC
FPI
FTC
GCT
GED
HHS
IAC
IAD
ICC
ICE
IFRP
ISM
J&C
JCAHO
JJDPA
JPATS
MARO
MCFP

Admission and Orientation
Administrative Office of the U.S. Courts
Administrative Procedures Act
Federal Bureau of PrisonsCommunity Corrections Center
Community Corrections Manager
Central Inmate Monitoring System
Consolidated Legal Center
Correctional Management Plan
Communication Management Unit
Cost of Incarceration Fee
Certification Review Panel
Comprehensive Sanctions Center
Commitment Treatment Program
District of Columbia
United States Department of JusticeDiscipline Hearing Officer
Designation and Sentence Computation Center
English as a Second Language
Federal Correctional Complex
Federal Correctional Institution
Federal Detention Center
Federal Medical Center
Freedom of Information Act
Federal Prison Camp
Federal Prison Industries
Federal Transfer Center
Good Conduct Time
General Educational Development
Health and Human Services
Inmate Accident Compensation
Interstate Agreement on Detainers
Intensive Confinement Center
U.S. Immigration and Customs Enforcement
Inmate Financial Responsibility Program
Inmate Systems Management
Judgment and Commitment Order
Joint Commission on the Accreditation of Healthcare Organizations
Federal Juvenile Justice and Delinquency Prevention Act
Justice Prisoner and Alien Transportation System
Mid-Atlantic Regional Office, Bureau of Prisons
Medical Center for Federal Prisoners
55

MCC
MDC
MINT
MVRA
NERO
NCRO
OMDT
PREA
PSF
PSR
PLRA
RDAP
RIVES
RRP
RRC
RRM
SAM
SDP
SCRO
SERO
SGT
SHU
SIS
SMU
SOR
SORC
SOMP
SORNA
SOTP
TRULINCSUDC
UNICOR
USSG
USMS
USP
USPO
VCCLEA
WXRO

Metropolitan Correctional Center
Metropolitan Detention Center
Mothers and Infants Together
Mandatory Victims Restitution Act
Northeast Regional Office, Bureau of PrisonsNorth Central Regional Office, Bureau of Prisons
Office of Medical Designations and Transportation
Prison Rape Elimination Act
Public Safety Factor
Presentence Report
Prison Litigation Reform Act of 1995
Residential Drug Abuse Program
Reduction in Sentence
Residential Parenting Program
Residential Reentry Center
Residential Reentry Management BranchSpecial Administrative Measure
Sexually Dangerous Person
South Central Regional Office, Bureau of PrisonsSoutheast Regional Office, Bureau of Prisons
Statutory Good Time
Special Housing Unit
Special Investigative Supervisor
Special Management Unit
Statement of ReasonsSex Offender Release Coordinator
Sex Offender Management Program
Sex Offender Reporting and Notification Act
Sex Offender Treatment Program
Trust Fund Limited Inmate Computer System
Unit Discipline Committee
Federal Prison Industries tradename
United States Sentencing Guidelines
United States Marshals Service
United States Penitentiary
United States Probation Office
Violent Crime Control and Law Enforcement Act of 1994
Western Region, Bureau of Prisons56