U. S. Department of Justice

Federal Bureau of Prisons

LEGAL RESOURCE GUIDE 

TO THE 

FEDERAL BUREAU OF PRISONS

2008

Revised 11/25/08
Table of Contents

I. INTRODUCTION ........................................................... 1

A. The Bureau's Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

 B. This Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

C. Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

D. District of Columbia (D.C.) Code Felony Offenders ........................... 2

E. DNA Collection ....................................................... 3

II. PRETRIAL ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

A. Pretrial Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

B. Pretrial Inmate Health Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

III. EVALUATION OF OFFENDER MENTAL CAPACITY ........................... 4

A. Pretrial: Mental Evaluation and Commitment:

 Title 18 U.S.C. § 4241 ................................................. 4

B. Pretrial: Determination of Insanity at Time of Offense and Commitment:

 Title 18 U.S.C. §§ 4242 and 4243 ........................................ 5

C. Conviction and Pre-Sentencing Stage:

 Title 18 U.S.C. § 4244 ................................................. 6

D. Post-Sentencing Hospitalization:

 Title 18 U.S.C. § 4245 ................................................. 6

E. Hospitalization of Mentally Incompetent Person Due for Release: 

 Title 18 U.S.C. § 4246 ................................................. 6

F. Civil Commitment of a Sexually Dangerous Person:

 Title 18 U.S.C. § 4248 ................................................. 7

 G. Examination of an Inmate Eligible for Parole:

 Title 18 U.S.C. § 4205 ................................................. 8

 H. Presentence Study and Psychological or Psychiatric Examination:

 Title 18 U.S.C. § 3552(b) and (c) ........................................ 8

 I. State Custody; Remedies in Federal Courts: 

 Title 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:

 Title 28 U.S.C. § 2261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

IV. SENTENCING ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

A. Probation and Conditions of Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

1. Community Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2. Intermittent Confinement .......................................... 9

3. Home Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

B. Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1. Institutional Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2. Service of Sentence in Non-Federal Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 10

 3. Juvenile Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

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C. Judgment and Commitment Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

1. Judicial Recommendations for a Specific Institution, Geographic Area, or

Specialized Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2. Sentence Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3. Commencement of a Term of Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4. Credit for Prior Custody (“Jail Time”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5. Credit for Satisfactory Behavior (“Good Conduct Time”) . . . . . . . . . . . . . . . . 13

6. Fines and Costs of Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

7. Inmate Financial Responsibility Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

V. POST CONVICTION ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

A. Designation to a Facility for Service of a Term of Imprisonment . . . . . . . . . . . . . . . . 16

1. Security Designation and Custody Classification . . . . . . . . . . . . . . . . . . . . . . . 16

2. Movement to the Institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3. Interstate Agreement on Detainers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

4. Central Inmate Monitoring System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

B. Admission and Orientation Program for Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

C. Programs and General Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

1. Education and Recreation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2. Religious Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

 3. Food Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

4. Work Programs and UNICOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

5. Inmate Accident Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

(a) Lost-Time Wage Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(b) Compensation for Work-Related Physical Impairment or Death . . . . 21

6. Female Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(a) Birth Control and Pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(b) Abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

7. Substance Abuse Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

8. Urine Surveillance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

9. Medical Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

(a) Medical Services available to Sentenced Offenders . . . . . . . . . . . . . . 23

(b) Medical Referral Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

(c) Voluntary Medical and Mental Treatment . . . . . . . . . . . . . . . . . . . . . 26

(d) Managing Infectious Disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

10. Mental Health Counseling and Treatment Services . . . . . . . . . . . . . . . . . . . . 27

(a) Involuntary Mental Health Treatment. . . . . . . . . . . . . . . . . . . . . . . . . 28

(b) Mental Health Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

(c) Sex Offender Management and Treatment . . . . . . . . . . . . . . . . . . . . . 28

D. Visiting, Telephones, and Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

1. Visiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

2. Telephones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

3. Written Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

E. Inmate Discipline Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

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F. Inmate Access to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

1. Law Libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

2. Preparation of Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

3. Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

4. Legal Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

5. Unmonitored Legal Telephone Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6. Inmate Involvement in Litigation While Incarcerated . . . . . . . . . . . . . . . . . . . 33

G. Administrative Remedy Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

H. Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

 I. Special Administrative Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1. National Security Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

2. Prevention of Acts of Violence and Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . 36

J. Family Emergencies and Temporary Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1. Furloughs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2. Escorted Trips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

K. Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

1. Early Release from Prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

(a) Executive Clemency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

(b) Reduction in Sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2. Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

3. Community Confinement in Preparation for Release. . . . . . . . . . . . . . . . . . . . . . . 39

4. Home Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

 L. Notification to Community of the Release of an Offender . . . . . . . . . . . . . . . . . . . . . 40

VI. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

VII. APPENDICES

Appendix A - Summary Table: Application of Title 18 U.S.C. Ch. 313:

Offenders with Mental Disease or Defect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Appendix B - Regional Counsel and Consolidated Legal Center offices . . . . . . . . . . . . . 47

Appendix C - Relevant Acronyms and Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

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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 110 institutions, six Regional Offices, a Central Office

(headquarters) located in Washington, D.C., a Designation and Sentence Computation Center, two

staff training centers, and approximately 30 community corrections offices. Regional Offices and

the Central Office provide administrative oversight and support to the institutions and community

corrections offices. The Designation and Sentence Computation Center (DSCC) completes

designations and sentence computations for all inmates in BOP custody. Community corrections

offices oversee Residential Reentry Centers (RRCs), and home confinement programs. 

The BOP is responsible for the custody and care of sentenced federal inmates as well as a significant

number of pretrial detainees and pre-sentenced offenders housed in our facilities on behalf of the

United States Marshals Service (USMS) and the United States Bureau of Immigration and Customs

Enforcement (ICE). The BOP also has custodial responsibility for District of Columbia felons

sentenced to terms of imprisonment, and houses a number of state and military offenders on a

contractual basis. The current inmate population exceeds 195,000 men and women, housed in both

federal prisons and in private facilities under contract to BOP.

Federal Prison Industries (tradename “UNICOR”) and the National Institute of Corrections are

components 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 to learn

marketable skills. Items produced in UNICOR factories are sold to government agencies

nationwide. The majority of BOP institutions house a UNICOR factory or service.

The National Institute of Corrections (NIC), established in 1974 as a division within the BOP,

provides training, technical assistance, information services and cooperative agreement awards to

service provider groups, to assist state and local corrections agencies. The NIC Director and 16-

member Advisory Board, appointed by the Attorney General, advise assistance strategies and

manage the Institute’s funding priorities. 

In recent years, the BOP has contracted with several private firms with correctional expertise to

operate prisons to house felony offenders, predominantly criminal aliens, who might otherwise be

incarcerated in BOP facilities. While the contractor is required to adhere to most BOP policies for

offender management, the contractor has day-to-day operational responsibility. The BOP

Privatization Management Branch provides general oversight. 

1
A. The Bureau's Mission

The Federal Bureau of Prisons protects society by confining offenders in the controlled

environments of prisons and community-based facilities that are safe, humane, cost-efficient, and

appropriately secure, and provides work and other self-improvement opportunities to assist offenders

to become law-abiding citizens.

B. This Publication

This publication is intended to serve as a guide to legal resources, including 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, agency

policies (Program Statements), and case law referred to in this Guide may have been updated since

publication. Thus, readers are advised to review the website and confirm cited legal references when

exploring BOP matters. BOP legal staff are located in Regional Counsel’s offices, and in

Consolidated Legal Centers (CLCs) servicing individual institutions (see Appendix B). Further

inquiries may be directed to the appropriate CLC.

C. Website

The BOP internet home page is located at www.bop.gov. This site provides access to BOP public

information, including policy (Program Statements), a directory of BOP facilities and offices, inmate

locator information, employment opportunities, directions for inquiries under the Freedom of

Information Act, and links to other relevant internet sites. The site for the National Institute of

Corrections is www.nicic.org. UNICOR’s site is www.UNICOR.gov. 

General data for the current BOP inmate population is available on the BOP website. Descriptive

information includes security level, gender, race, ethnicity, citizenship, age, type of offense, and

sentence imposed. 

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. 105-33; 111 Stat. 740, the BOP administers the imprisonment terms of 

felony offenders convicted under the D.C. criminal code. The BOP has broad authority to provide

for the “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 § 24-1201(a), (b). With few

exceptions, BOP manages D.C. Code offenders no differently from U.S. Code offenders. 

2
E. DNA Collection

The DNA Analysis Backlog Elimination Act of 2000, enacted December 19, 2000, Pub. L.106-546;

114 Stat. 2726, requires the BOP to collect DNA (deoxyribonucleic acid) samples from offenders

convicted of a qualifying federal, military, or D.C. Code offense. See DNA Identification System,

28 C.F.R. pt. 28 (2006). Inmates are subject to disciplinary action should they fail to voluntarily

cooperate. The involuntary taking of a blood sample may be required in some instances. The BOP

is required to furnish each DNA sample collected to the Federal Bureau of Investigation (FBI).

II. PRETRIAL ISSUES

A. Pretrial Detention

The BOP, the USMS, and the Federal Detention Trustee cooperate to manage the allocation of

federal detention bedspace. The development of necessary detention resources in key districts, while

emphasizing appropriately structured community supervision alternatives for non-violent offenders,

is the primary focus. The BOP regularly monitors the availability of bedspace in federal detention

centers. Should a court have concerns about pre-trial detention placement of a defendant, the BOP

requests the opportunity to address such concerns prior to the issuance of a court order. See Pretrial

Inmates, 28 C.F.R. pt. 551, subpt. J; Program Statement 7331.04, Pretrial Inmates.

B. Pretrial Inmate Health Care

Pretrial detainees may be held at BOP facilities, or at a number of local facilities across the country. 

Pretrial detainees held in BOP institutions are provided medical care on site. The USMS is

responsible for pretrial inmates in its custody, and will contract for community medical providers

as necessary to address the needs of inmates held in non-BOP facilities. 

There is virtually no health care issue of a defendant that would preclude subsequent commitment

of the defendant to a federal institution. Medical care is available in all BOP facilities. Male inmates

whose health care needs exceed those services available in a typical institution may be transferred

to a BOP medical referral center in Springfield, Missouri; Rochester, Minnesota; Butner, North

Carolina; Lexington, Kentucky; or Devens, Massachusetts. Female inmates will be transferred to

the Carswell medical referral center in Fort Worth, Texas. When a BOP facility cannot adequately

treat an inmate's condition, the inmate is sent to a community hospital under contract with the BOP. 

When necessary and available, air ambulance service is used to transport inmates for urgent

treatment.

Specialized health care for sentenced inmates is also available at a number of BOP institutions and

all institutions are wheelchair accessible. A later section on Health Care Services in the BOP details

available programs and services. See infra, Section V - Post Conviction Issues.

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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 offender

appears to be, or is, currently suffering from a mental disease or defect. See 28 C.F.R §§ 549.40-43;

Program Statements 5310.12, Psychology Services Manual; 5310.13, Mentally Ill Inmates,

Institution Management of; 6010.01, Psychiatric Treatment and Medication, Administrative

Safeguards; and 6340.04, Psychiatric Services. The Adam Walsh Child Protection and Safety Act

of 2006 (Walsh Act), enacted July 27, 2006, Pub. L. 109-248, 120 Stat. 587, provides for the civil

commitment of a sexually dangerous person subsequent to the completion of the term of

incarceration, as codified in § 4248. Further detail is provided below. A Summary Table of the

application of the following statutes, under Chapter 313, is attached as Appendix A.

A. Title 18 U.S.C. Section 4241:

Pretrial: Mental Evaluation and Commitment

Title 18 U.S.C. § 4241 explains the procedures necessary to determine the mental 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, the court 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). 

The court may commit the defendant to the custody of the Attorney General for placement in a

suitable facility1 to be examined for a reasonable period not to exceed 30 days, unless the director

of 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 Bureau of Prisons strongly encourages the court to

have the initial § 4241 evaluation conducted locally, without commitment to the BOP. Such a

procedure provides a more rapid response to the court.

Following the hearing, if the court finds by a preponderance of the evidence that the defendant is

mentally incompetent, the court must commit the defendant to the custody of the Attorney General

for hospitalization and treatment in a suitable facility. This commitment period is for a reasonable

period of time, not to exceed four months, to evaluate if there is a substantial probability that, in the

foreseeable future, the defendant will regain competence. See 18 U.S.C § 4241(d)(1).2

1

In addition to BOP and USMS contract facilities, 18 U.S.C. § 4247(i)(A) authorizes the Attorney General

to contract 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 involuntarily administer anti-psychotic drugs to a

mentally ill defendant facing serious criminal charges in order to render the defendant competent to stand trial. See

Sell v. United States, 539 U.S. 166 (2003).

4
An additional commitment period may be ordered if the charges have not been disposed of, and the

court determines there is a substantial probability that the defendant will become competent to stand

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 the examination period, the director

of the examining facility files a certificate with the court stating such. A second competency hearing

is held and, if the defendant is shown to be competent by a preponderance of the evidence, the

prosecution resumes. See 18 U.S.C. § 4241(e).

B. Title 18 U.S.C. Sections 4242 and 4243:

Pretrial: Determination of Insanity at Time of Offense and Commitment 

Pursuant to 18 U.S.C. § 4242, the attorney for the Government, 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 conducted

no 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 another person

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 be committed 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 be placed

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 transferred individual cannot

be unconditionally released by the state facility without the concurrence of the committing court. 

Accordingly, prior to discharge, the director of the state facility must first comply 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, be discharged.

5
C. Title 18 U.S.C. Section 4244: 

 Conviction and Pre-Sentencing Stage:

Mental Condition Prior to Time of Sentencing

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 a

suitable 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 such placement 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 a suitable 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 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 to final sentencing, there will

be a definite term of imprisonment imposed, and the opportunity under § 4245 to receive necessary

treatment. A defendant's decision to invoke § 4244 may result in a period of hospitalization in

excess of a criminal sentence.

D. Title 18 U.S.C. Section 4245:

 Post-Sentencing Hospitalization

Title 18 U.S.C. § 4245 provides for hospitalization and treatment of sentenced inmates found to be

suffering from a mental disease or defect. If an inmate refuses to consent to hospitalization for care

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, the

court 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 the

Warden 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. Title 18 U.S.C. Section 4246:

Pre-Release:

Hospitalization of Mentally Incompetent Person Due for Release

Title 18 U.S.C. § 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 the inmate meets the

standards set forth in § 4246(a), the director will file such certificate with the clerk of court. The

6
certificate must also certify that suitable arrangements for state custody and care 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 a substantial

risk of bodily injury or serious damage to property. If sufficient evidence exists, the court 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 the

appropriate 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 will

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 to property. The

director of the medical facility may initiate discharge proceedings in accordance with § 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 the date

of a court determination that the person should continue to be committed. See 18 U.S.C. § 4247(h). 

F. Title 18 U.S.C. Section 4248:

 Civil Commitment of a Sexually Dangerous Person

Title 18 U.S.C. § 4248 was enacted by the passage of the Walsh Act and provides for the civil

commitment of sexually dangerous persons. The statute authorizes 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 appropriate. 

At the district court commitment hearing, the inmate is afforded legal representation; an opportunity

for court-ordered forensic evaluation; an opportunity for the inmate to testify, present evidence, and

subpoena witnesses on his or her behalf; and to confront and cross-examine witnesses who appear

at the hearing. If the court determines that the inmate is a sexually dangerous person, the court shall

commit the inmate to the custody of the Attorney General. The Attorney General shall then make

all reasonable efforts to release the person to the state where the person is domiciled or was tried. 

If placement with the state is not possible, the Attorney General will assume responsibility for the

person and place the person for treatment in a suitable facility until either the state assumes

responsibility, or the person is no longer sexually dangerous to others.

7
Specific procedures for the BOP’s certification process, and for the continuing treatment and

incarceration of the sexually dangerous person, are in development and will be further defined in 

policy directives available on the BOP website.

G. Title 18 U.S.C. Section 4205:

Examination of an Inmate Eligible for Parole 

This statute was repealed (along with others pertaining to parole) in 1987. However, inmates whose

offense was committed prior to November 1, 1987, (“old law”) 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. Title 18 U.S.C. Section 3552(b) and (c):

Presentence Study and Psychological or Psychiatric Examination

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 judge finds that there is

a compelling reason for the study to be done by the Bureau of Prisons . . . .” The statute allows for

60 days for the completion of the study, with an extension 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. Title 28 U.S.C. Section 2254:

 State Custody; Remedies in Federal Courts;

 Title 28 U.S.C. Section 2261:

 Prisoners in State Custody Subject to Capital Sentence;

 Appointment of Counsel; 

 Requirement of Rule of Court or Statute; Procedures

 for Appointment

These sections together concern state inmates who have capital sentences, and who bring a writ of

habeas 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 appears most

appropriate that the evaluation be completed by a licensed or certified psychiatrist or psychologist

in the state facility in which the inmate is housed.

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IV. SENTENCING ISSUES

The United States Sentencing Commission (U.S.S.C.) has published, pursuant to 28 U.S.C.

§§ 991-998, the U.S.SENTENCING GUIDELINES MANUAL [hereinafter U.S.S.G.] to provide a general

framework for sentencing. The following is a discussion of the most frequently used sanctions

available in the federal criminal justice system.

A. Probation and Conditions of Probation

The federal sentencing court may impose a sentence of probation with conditions placed on the

offender. 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). Federally-contracted

halfway houses, now called Residential Reentry Centers (RRCs),3 have been made available by the

BOP for use by the courts. An offender subject to a term of community confinement as a condition

of probation or supervised release is placed 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

Program Statement 7300.09, Community Corrections Manual. 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 condition of

probation. See 18 U.S.C. § 3563(b)(10)4

 and U.S.S.G. § 5C1.1(c)(3). In most instances, BOP or

contract detention facilities are used for this purpose, but placement in an RRC is also permissible.

3 BOP residential, community-based programs were officially named Community Corrections Centers, or

CCCs, in 1989. Since that time, the terms CCC and halfway house have been used synonymously. As of March 31,

2006, the name has been changed to Residential Reentry Center, or RRC. This change provides a clearer description

of the services and programs being offered, as the community reentry initiative is the primary purpose of such

facilities, and clearly differentiates community-based programs from correctional facilities.

4

Title 18 U.S.C. § 3583(d) provides “[t]he court may order, as a further condition of supervised release . . .

any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12)

through (b)(20) . . . .” Prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, the

condition at 18 U.S.C. § 3563(b)(11) was intermittent confinement. Because the Act deleted § 3563(b)(2) and redesignated the remaining conditions set forth in § 3563(b), intermittent confinement is now set forth at subsection

(b)(10). There is some question, however, as to whether Congress intended this result. Although the Act redesignated the remaining subsections of § 3563(b), it failed to make the corresponding re-designations in 18 U.S.C

§ 3583(d), regarding discretionary conditions of supervised release. See U.S.S.G. § 5D1.3(e)(1). 

9
3. Home Detention

The sentencing guidelines (U.S.S.G. § 5C1.1(c)-(e)) allow home detention as a substitute for

imprisonment in certain instances. 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 home detention program for probationers or supervised releasees.

B. Imprisonment

The BOP maintains safe and humane correctional environments for offenders sentenced to a term

of imprisonment. The appropriate United States Probation Office provides the BOP with the

Presentence Investigation Report, Judgment and Commitment Order (J&C), and Statement of

Reasons after sentencing.5 These documents are crucial to BOP staff decisionmaking to determine

an inmate’s facility designation, including appropriate security level, relevant programs, and

subsequent pre-release preparation. The Presentence Investigation Report and Statement of Reasons

are sensitive documents and are not permitted to be retained in the possession of the inmate. See

Program Statement 1351.05, Release of Information.

1. Institutional Confinement

Title 18 U.S.C. § 3621(a) authorizes the BOP to confine persons sentenced to a term of

imprisonment. Institutions are classified by security level: Minimum, Low, Medium, High, and

Administrative.6 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 of staffing. 

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 a

term of one year or less, and long-term offenders may also be housed under contract with state

correctional 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 Program

Statement 5160.05, Designation of State Institution for Service of Federal Sentence.

5

The court document imposing sentence is known as the Judgment and Commitment Order, Judgment in a

Criminal Case, or Criminal Judgment Order. These terms may be used interchangeably.

6

In January 2005, the BOP discontinued Intensive Confinement Center (ICC) programs, commonly known

as “boot camps,” which had been in operation at Lewisburg, Pennsylvania, and Lompoc, California, for male

inmates, and at Bryan, Texas, for female inmates. 

10
3. Juvenile Offenders

Federal adjudication of juveniles is governed by the Juvenile Justice and Delinquency Prevention

Act (JJDPA), 18 U.S.C. §§ 5031-5042 (2006). See also Program Statement 5216.05, Juvenile

Delinquents. JJDPA addresses the adjudication of an offender who has not reached his or her 18th

birthday, 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 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 juvenile facility. See 18 U.S.C.

§ 5039. Generally, the BOP attempts to place such inmates in community-based 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 adult

pursuant 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 sentence 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 be treated as a

person under the age of 18 until the expiration of the juvenile sentence, or in some 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 he

or 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 and Commitment Orders 

The BOP is charged with interpreting and administering some of the provisions of the Judgment and

Commitment Order (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. By statute, the BOP is required to consider the type of offense, the length of

11
sentence, the defendant's age, the defendant's release residence, the need for medical or other special

treatment, any placement recommendation made by the court, and guidance issued by the U.S.S.C. 

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 Program Statement

5100.08, Inmate Security Designation and Custody Classification. The J&C may indicate the

sentencing court’s preference for housing the inmate within a specific institution, geographic area,

or specialized program. Every effort is made to fulfill the court’s request. Conflict with BOP policy

and sound correctional management may, however, prevent compliance. 

Prior to finalizing plea agreements or other concessions affecting a defendant’s conditions of

confinement, the parties involved should consult with the relevant CLC office regarding

factors that 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 promised to any 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,

oversees both initial designations and redesignations of inmates, and all sentence computations. 

The BOP is solely responsible for calculating federal terms of imprisonment. See United States v.

Wilson, 503 U.S. 329 (1992). BOP policies and instructions to staff for the calculation of terms of

imprisonment are complicated and extensive. See Program Statements 5880.28, Sentence

Computation Manual (CCCA of 1984); 5880.30, Sentence Computation Manual ("Old

Law"-Pre-CCCA-1984); 5880.32, District of Columbia Sentence Computation Manual; and 5110.14,

Administration of Sentence for Military and Coast Guard Inmates. Specific questions related to

sentence calculation should be directed to the DSCC, telephone (972 ) 352-4400.

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). Inmates are required to exhaust the

administrative remedy process prior to seeking judicial relief. See Program Statement 1330.13,

Administrative Remedy Program. We request the court contact us 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 will then

notify the prosecuting Assistant U.S. Attorney and/or the court to resolve the problem. 

3. Commencement of a Term of Imprisonment

Title 18 U.S.C. § 3585(a) dictates that “[a] sentence to a term of imprisonment commences 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

12
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 (“Jail Time”)

Title 18 U.S.C. § 3585(b) dictates the method of calculating credit for prior custody 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 imprisonment commences, 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 after committing 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 prior

custody 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 be awarded 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 Program Statement 5880.32, District

of Columbia Sentence Computation Manual. Consequently, J&Cs must be carefully drafted to avoid

requiring prior custody credit awards in circumstances which are contrary to statute. In those

infrequent instances in which a sentence being imposed is “adjusted,” for a period of time already

served, the court should note on the J&C the amount 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. Otherwise, it may appear that prior custody credit is being awarded contrary to 18 U.S.C.

§ 3585(b).

5. Credit for Satisfactory Behavior (“Good Conduct Time”)

Title 18 U.S.C. § 3624(b) provides Good Conduct Time (GCT) credit for U.S. Code felony 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. Under that provision, inmates serving sentences

greater than one year, but less than life, may receive up to 54 days sentence credit per year served. 

 Inmates sanctioned for violating prison disciplinary rules may lose all or part of these credits. See

Program Statement 5270.07, Inmate Discipline and Special Housing Units.

In light of the specific sentence credit applications involved, sentencing courts must be very specific

in wording the J&C. Defendants sentenced to a “one year” term of imprisonment will actually serve

one year, without the benefit of any GCT credit. Defendants sentenced to “a year and a day” term

of imprisonment, however, can receive credit for satisfactory behavior and thus can actually serve

less than one year. The DSCC should be consulted to provide assistance in wording the J&C,

to effect the Court’s intention in accordance with applicable statutes and BOP policy.

13
For inmates whose offense was committed on or after November 1, 1987, § 3624(b) allows 54 days

of credit "at the end of each year of the prisoner’s term of imprisonment." This does not mean that

inmates serve only 311 days for every year of imprisonment imposed. Rather, inmates serve 365

out of 419 days (365 + 54 = 419) of the sentence. For example, consider the case of an inmate

sentenced to a three-year term of imprisonment on January 1, 1992. On January 1, 1993, the inmate

receives 54 days good conduct time, leaving 676 days remaining in his or her sentence (2 years

minus 54 days). On January 1, 1994, the inmate receives another 54 days of GCT, leaving 257 days

remaining in his or her sentence (1 year minus 108 days). The inmate will not earn another 54 days

of GCT against his or her sentence after January 1, 1994, as he or she does not have 365 days

remaining to serve. Instead, the final award of GCT will be prorated for the final 257 days, resulting

in an award of 33 days. The total deduction against the sentence in this case is 141 days (54+54+33),

not 162 (54+54+54).

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). Until 1987, such

defendants were 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.

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 after 

November 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 order the

defendant to remain in prison until the fine is paid, unless and until a determination was made that

the defendant was indigent or otherwise unable to pay the fine. See Program Statement 5882.03,

Fines and Costs for Old Law Inmates. The Court Security Improvement Act of 2007, Pub. L. 110-

177, amended Title 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 to pay for any

court-ordered fine imposed for the current offense. The statute requires only that the BOP notify the

inmate upon release of the releasee’s requirement to adhere to the court-ordered payment schedule.

The Application Notes to the Sentencing Guidelines refer the court to the BOP and the

Administrative Office of the U.S. Courts for assistance in determining an appropriate fine. Should

the court wish, the BOP will furnish the court with the average cost of confinement at all facilities. 

The average cost across all facilities is used, as an inmate may be held in several different facilities

during a single term of imprisonment. For prisoners for whom the court did not assess a fine to

cover the costs of incarceration, and for whom the court did not waive the fine due to indigence, the

BOP is authorized 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 18 U.S.C. § 4001 (note) and Program

Statement 5380.06, Cost of Incarceration Fee (COIF). The yearly average cost of incarceration for

a federal inmate in Fiscal Year 2006 was $24,440.

14
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 make

payments 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 United States Treasury. Nevertheless, requiring such payments is

an effective means for the government to recover some of the costs of operating the criminal justice

system, and assists 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 Program Statement 5380.08, Financial Responsibility Program, Inmate. 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 to develop

an individual financial plan.

Participation in IFRP is tied to eligibility for prison privileges including preferred housing, job

assignments, and community activities such as community confinement and furloughs. 

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 considered at the parole hearing. 

Inmates are responsible for making all payments from outside resources, pay for work in the

institution, or a combination of the two.

All sentenced inmates are required to work in an institutional assignment or UNICOR work

assignment with the exception of those who are unable to work for security, educational, or medical

reasons. See Program Statement 5251.05, Inmate Work and Performance Pay Program. Inmates

may also earn bonus pay for outstanding work performance. An inmate with a court-ordered

financial 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. 

Should the sentencing court intend for the inmate to begin immediate payment of financial

obligations at commitment through the IFRP, the court should precisely specify that intent. The

J&C should either specify that the financial obligation is “due immediately” or the J&C should

remain silent as to when due. In the latter case, 18 U.S.C. § 3572(d) requires “immediate” payment.

Wording such as “payments to be made as directed by BOP staff” or “payments to be made in

installments as set by the IFRP” is ambiguous and may result in the defendant’s non-participation

in the IFRP. The relevant CLC attorneys offices can provide assistance in properly wording the J&C

to reflect the court’s intention.

15
V. POST-CONVICTION ISSUES

A. 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 of designating

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 Classification of Inmates, 28 C.F.R.

pt. 524, and Program Statement 5100.08, Inmate Security Designation and Custody Classification. 

The DSCC is responsible for initial custody classification, designation, and an inmate’s assignment

of BOP management variables and public safety factors. The DSCC is also responsible for all

transfers, and all sentence calculations. After an inmate is designated to an institution, institution

staff are responsible for the security and custody classification of the inmate. Institution staff submit

all requests for transfer and waivers of inmate public safety factors and management variables to the

DSCC, for review and approval.

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, the USMS will

arrange for transportation of the inmate to the designated institution. See Program Statement

5100.08, Inmate Security Designation and Custody Classification. The DSCC will ordinarily

complete the initial designation within three working days of receiving all the necessary

documentation from the USMS and the U.S. Probation Office, including the Presentence

Investigation Report, the J&C, Statement of Reasons, and Central Inmate Monitoring information,

when such an assignment is necessary.

Designation decisions take into account a number of factors including the level of security and staff

supervision the inmate requires, and the level of security and staff supervision the institution

provides. Other considerations include the medical classification care level of the inmate and the

care level of the institution, as well as the inmate’s program needs (e.g., substance abuse treatment,

education and vocational training, individual and/or group counseling, medical/mental health

treatment). Various administrative factors are considered as well, including institution bedspace

capacity, the inmate’s release plans, judicial recommendations, separation needs, and security

measures needed to ensure the safety of victims, witnesses, and the general public.

Should the court make findings regarding controverted matters contained in the Presentence

Investigation Report affecting the defendant’s classification, the court should record these findings

in the Statement of Reasons attachment to the J&C. See FED. R. CRIM. P. 32(c)(1).

Recommendations from the sentencing court are considered in the designation decision.

16
2. Movement to the Institution

After an initial designation has been made, an inmate may be transported to the assigned facility by

the USMS, either by vehicle or contract carrier airline. The USMS also operates a fleet of aircraft

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.

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 determination that

the defendant is sufficiently trustworthy to surrender voluntarily, and self-surrender will favorably

impact the inmate in terms of classification and designation decisions.

3. Interstate Agreement on Detainers 

Many prisoners in BOP custody have detainers for unresolved criminal charges pending against

them in one or more jurisdictions. To facilitate programming designed for treatment and

rehabilitation, and to resolve pending matters, BOP joins with many states as a party to the Interstate

Agreement on Detainers (IAD). See 18 U.S.C. App. II; and Program Statement 5800.14, Inmate

Systems Management Manual, Ch. 6. This agreement enables a jurisdiction carrying an untried

criminal indictment, information, or complaint, to secure temporary custody of the inmate. Such

proceedings may be initiated by the state or by the inmate. Program Statement 5800.14 delineates

the appropriate procedures for a jurisdiction to obtain custody of an inmate with a detainer lodged

by a member state.

4. 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 Central Inmate

Monitoring System, 28 C.F.R.§524.70 et. seq.; Program Statement 5180.04, Central Inmate

Monitoring System. 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 the protection of the public.

Special measures are taken to protect at-risk inmates. Individuals who agree to cooperate with law

enforcement, judicial, or correctional authorities frequently place their lives or safety in jeopardy

by being a witness or intended witness against persons or groups involved in illegal activities. 

While in custody, an offender may require separation from other inmates stemming from such events

that either preceded confinement, or occurred during incarceration. Accordingly, procedures have

been developed to help ensure the safety of these individuals. An inmate may have a Separation

assignment, or may be admitted to the Witness Security program. If deemed necessary, such a

classification may continue throughout the period of incarceration.

17
B. Admission and Orientation Program for Inmates 

Every inmate designated to a BOP institution is required to participate in the Admission and

Orientation (A&O) program. See Program Statement 5290.14, Admission and Orientation Program.

Staff presentations provide each inmate with 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 the institution 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, institution misconduct can be significantly reduced through

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 other programs described in

greater detail below.

1. Education and Recreation Programs

The BOP is committed to providing inmates with opportunities to gain skills needed for successful

reentry to the community, within a secure environment.

Program Statement 5300.21, Education, Training, and Leisure Time Program Standards, 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 Program Statement 1542.06, Library Services, Inmate.

Title 18 U.S.C. § 3624(f) mandates an education program for those federal prisoners who are not 

functionally literate. Non-English speaking inmates are required to participate in an English as a

Second Language 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 General Educational Development credential (GED), are required to enroll in an adult

literacy program for a minimum of 240 hours. See 28 C.F.R. § 544.70. Should an inmate

prematurely end his or her participation prior to program completion, the inmate will lose some

Good Conduct Time potential 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. Pursuant to 28 C.F.R. §§ 544.72 and 544.74, work pay is limited for inmates who choose

to discontinue program participation without obtaining a GED.

18
The Violent Crime Control and Law Enforcement Act of 1994, enacted September 13, 1994,

Pub. L. 103-322, 108 Stat.1796 [hereinafter VCCLEA], 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, enacted

April 26, 1996, Pub. L. 104-134, 110 Stat. 1321 [hereinafter PLRA], 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. § 523.20(d).

A variety of programs for self-improvement, including nutritional education, physical fitness, weight

control, stress reduction, anger management, parenting skills, and interpersonal skills development

are offered. College and vocational training courses are available at many institutions.

Recreation programs encourage inmates to make constructive use of leisure time and offer group

and individual activities. Physical fitness and wellness programs are provided during non-working

hours to promote positive lifestyle changes. See Program Statement 5370.10, Recreation Program,

Inmate. Hobbycraft programs vary from institution to institution, including activities such as

painting, leathercrafts, artwork, and ceramics. Completed projects are mailed home, as inmates are

not permitted to retain completed projects in their possession. See 28 C.F.R. §§ 544.35, 553.11(e).

2. Religious Programs

Title 28 C.F.R. pt. 548, Religious Programs and Program Statement 5360.09, Religious Beliefs and

Practices set forth BOP policy for inmates who wish to practice their religion while incarcerated. 

Each institution is assigned a staff Chaplain, who both ministers to the inmate population, and serves

as a department head to arrange for contract religious clergy and volunteers from the community to

assist in group worship, individual religious counseling, spiritual guidance, and the study of sacred

writings. Major inmate faith groups meet on a regular basis and each institution offers an

opportunity for individual worship.

3. Food Service

Each institution’s food service program offers nutritionally balanced, appetizing meals. Special

Food and Meals, 28 C.F.R. § 547.20 and Program Statement 4700.05, Food Services Manual,

provide that medical diets be available to inmates who require such diets. In addition, inmates with

religious dietary requirements may apply for the religious diet program, designed to address the

dietary restrictions of a variety of different religions. See Program Statement 5360.09, Religious

Beliefs and Practices.

19
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 Inmate Work and Performance Pay Program, 28 C.F.R.

pt. 545, subpt. C; Program Statement 5251.05, Work and Performance Pay Program, Inmate. An

institution work day ordinarily is 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.

Inmates may apply for an assignment to Federal Prison Industries (FPI). FPI, under the trade name

UNICOR, employs over 22,000 inmates, approximately 25% of the sentenced, medically eligible,

federal inmate population. In accordance with statutory mandates, UNICOR (1) provides

employment and industrial skills training to as many inmates as possible; (2) produces marketpriced, quality goods for federal government customers; (3) operates in a self-sustaining manner;

and (4) minimizes its impact on private business and labor.7

 See 18 U.S.C. § 4122. UNICOR job

wages currently range from 23 cents to $1.15 per hour. Inmates may also earn bonus pay for

outstanding work performance. See Program Statements 8120.01, Work Programs for Inmates, FPI;

8000.01, UNICOR Corporate Policy and Procedures.

5. Inmate Accident Compensation

Inmates are not federal employees and are not subject to the Fair Labor Standards Act or other

federal 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 will secure

medical treatment for the inmate and file an injury report with the institution safety manager. See

Program Statement 1600.08, Occupational Health and Environment Safety Manual. Pursuant to

18 U.S.C.§ 4126, and Inmate Accident Compensation , 28 C.F.R. pt. 301, inmates may be

compensated 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. Inmates may not recover

damages for work-related injuries. See Federal Tort Claims Act, 28 U.S.C.§ 2671, et seq.; United

States v. Demko, 385 U.S. 149 (1966).

7

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) and Program Statements 8000.01, UNICOR Corporate

Policy; 8120.02, FPI Work Programs for Inmates. Title 18 U.S.C.§ 4121 et seq., when read together with Title 10

U.S.C. § 2410n and Section 637 of the Consolidated Spending Bill for FY 2005 (Division H), Pub. L. 108-447,

require federal departments, agencies, and government institutions to purchase products listed on UNICOR’s

schedule of products from UNICOR, when those 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.

20
(a) Lost-Time Wage Program

Inmates injured in the course of performing their work assignments, and who are medically excused

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. §§ 301.202-.203,

an Institution Safety Committee oversees the Lost-Time Wage Program. A lost-time wage continues

until the inmate is released, transferred to another institution (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 Program Statement 1330.13, 

Administrative Remedy Program.

(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 this

date, an inmate who feels that a residual physical impairment exists as a result of a prison workrelated 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 any questions may be directed

to the Claims Examiner, Inmate Accident Coordinator. A claim for compensation as the result of

a work-related death may be filed by a dependent of the deceased inmate up to one year after the

inmate’s work-related death. See 28 C.F.R. §§ 301.302-303.

6. Female Offenders

Female inmates are not housed with male inmates. At various sites, female offender units may share

the campus at a largely male facility. 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

be gender-responsive. See Program Statement 5200.01, Management of Female Offenders.

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, birth

control, child placement, and abortion. See Birth Control, Pregnancy, Child Placement and Abortion,

28 C.F.R. pt. 551 and Program Statement 6070.05. Each inmate 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 takes place at a community hospital

pursuant to 28 C.F.R. § 551.22(c). While placement of the child in the community is the inmate’s

responsibility, staff will assist the inmate and work closely with community agencies to effect an

appropriate arrangement.

21
The BOP offers a community residential program for pregnant inmates, Mothers and Infants

Together (MINT). The MINT program, managed by private social service agencies under contract

to the BOP, provides mothers with childbirth, parenting, and coping skills classes. In addition to

parenting services, MINT sites offer chemical dependency treatment, physical and sexual abuse

counseling, self-esteem building programs, budgeting classes, and vocational and educational

programs. It is at the discretion of the inmate’s institution housing Unit Team to decide whether to

refer the inmate to MINT. A MINT participant is given an opportunity to bond with her newborn

child before returning 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 Program Statement 5280.08, Furloughs.

(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. § 551.23 and Program Statement 6070.05, Birth Control, Pregnancy, Child

Placement, & Abortion, the Warden provides each pregnant inmate with medical, religious, and

social counseling to 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 the life of the mother would be endangered if the fetus is carried to term, or in the case of rape.

In all other cases non-BOP funds must be obtained to pay for any abortion procedure. In all cases,

however, whether the BOP pays for the abortion or not, the BOP may expend funds to escort the

inmate to a facility outside the institution to receive the procedure.

7. Substance Abuse Treatment 

The Bureau of Prisons has committed considerable resources and staff to the treatment of inmates

with substance abuse problems, including abuse of drugs and alcohol. Each BOP institution is

staffed with one or more psychologists, a Drug Abuse Program Coordinator, and a minimum of one

Drug Abuse Treatment Specialist, to provide non-residential drug abuse treatment and drug abuse

education to its inmates. On admission to a BOP facility, a staff psychologist reviews the inmate’s

case for any history of drug use. If after clinical diagnosis it is determined that an inmate could

benefit from treatment, the offender will be assessed for treatment. Drug education is available to

all inmates, and a variety of programming is available. See Program Statement 5330.10, Drug Abuse

Programs Manual - Inmate.

The most intensive drug abuse program offered is the Residential Drug Abuse Treatment Program

(RDAP). VCCLEA included the requirement that all inmates who volunteer for and are eligible for

RDAP, will receive RDAP services prior to their release from custody. VCCLEA included a strong

22
incentive for non-violent inmates to participate in RDAP. Eligible inmates who successfully

complete the program may be granted up to 12 months early release. See 18 U.S.C. § 3621(e)(2)(B). 

Over 7,000 inmates are currently awaiting an opening to participate in one of the RDAPs, located

in 58 BOP institutions.

Inmates are admitted into RDAP based on their proximity to their release date, to ensure that every

inmate who volunteers and is eligible for RDAP receives the full course of treatment prior to

community release. Inmates in the residential program are housed together, to create a treatment

community. Treatment is provided for a minimum of 500 hours, over a 9 to12 month period.

Required RDAP components also include a transitional drug program, when the inmate is returned

to general population, and participation in community-based drug treatment, when the inmate is

released to an RRC.8

8. Urine Surveillance Program

Illegal drug use compromises institutional security and threatens inmate and staff safety, and the

BOP maintains careful oversight to detect and deter inmate drug use. See Program Statement

6060.08, Urine Surveillance and Narcotic Identification. Urine screening is a major element of the

program. Inmates involved in community activities are routinely tested for the use of illegal drugs,

and inmates are tested based on individualized suspicion of drug use. In addition, a random sample

of the total inmate population at each institution is tested monthly. Any inmate testing positive for

unauthorized substances 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,

and Program Statement 5510.09, Searching and Detaining or Arresting Persons Other than Inmates.

 9. Medical Services

(a) Medical Services Available to Sentenced Offenders

Every institution maintains a Health Services Unit to provide medical, dental, and mental health

care. BOP policy regarding medical care and procedures for caring for inmates with medical needs

is set forth in Medical Services, 28 C.F.R. pt. 549 and Program Statement 6031.01, Patient Care. 

Service is provided by a variety of health care professionals, including psychiatrists, physicians,

nurses, physician assistants, dieticians, dentists, and pharmacists. 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 to community hospitals should medically necessary care

be unavailable at the institution. See Program Statement 6010.02, Health Services Administration.

8

In coordination with the National Institute on Drug Abuse, the BOP conducted a rigorous 3-year outcome

study of the RDAP, beginning in 1991. The results were published in 2000. See BOP Office of Research and

Evaluation: Treating Inmates Addiction to Drugs (TRIAD) Project: Final Report of Three-Year Outcomes: Part I,

September 2000. Positive outcomes in recidivism and substance abuse relapse were found for both male and female

inmates.

23
In making determinations regarding the appropriate institution in which to house an offender, the

BOP carefully considers the offender’s health status. Because of the extensive medical services the

BOP provides, 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 case to the BOP’s Office of Medical Designations and Transportation in the Health Services

Division, in the Central Office. A specific institution is designated with attention to the urgency of

need; institution capability; current bed space availability; and security concerns. BOP facilities are

classified by the intensity level of health care resources.

Each inmates is assigned a medical “CARE Level,” based on his or her medical background as

described in the Presentence Report and other available information. The BOP’s goal in

implementing its four CARE levels is to assign inmates with greater medical needs to those facilities

with more comprehensive on-site medical resources, and to provide more effective and efficient

access to health care for each inmate.

Inmates with CARE Level 1 needs are generally healthy and under 70 years of age, and may have

limited medical needs requiring clinician evaluation and monitoring. Examples of such conditions

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 health

conditions 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 in

remission on medication, severe congestive heart failure, and end-stage liver disease.

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 Office of Medical Designations and

Transportation, not by the DSCC, as the medical need of the inmate is the primary factor in the

designation decision.

24
(b) Medical Referral Centers

Medical, dental, and mental health services at each institution are provided according to the CARE

Level. Six BOP facilities are federal medical referral centers (FMCs), providing 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 it is the primary referral center for oncology,

providing chemotherapy and radiation therapy. FMC Butner also has the ability to manage

a broad range of subacute and chronically ill inmates. An orthopedic surgery program is

available for selected cases. 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-house

staff and community-based consultant specialists. A Residential Drug Abuse Treatment

Program for women is available.

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 are available

at FMC Devens, through in-house staff and community-based consultant specialists. 

Additional services provided at FMC Devens include dialysis treatment for inmates in endstage renal failure. The University of Massachusetts provides renal transplant services

through a contract with FMC Devens, to inmates who are appropriate candidates. A

Residential Drug Abuse Treatment Program is available.

FMC Lexington, Kentucky

Located just north of Lexington, FMC Lexington treats male inmates. All specialty areas

of medicine are available at FMC Lexington, by in-house staff and community-based

consultant specialists. FMC Lexington serves as the primary referral center for inmates with

most types of leukemia and lymphoma. Outpatient forensic studies may be performed at

FMC Lexington; however, FMC Lexington does not have a psychiatric mission and is not

staffed with psychiatrists.

25
FMC Rochester, Minnesota

Located 80 miles southeast of Minneapolis, FMC Rochester serves as a major medical and

mental 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 and

advanced 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. Outpatient forensic studies are

not performed at FMC Rochester.

U.S. Medical Center for Federal Prisoners (USMCFP), Springfield, Missouri

Located in southwest Missouri, USMCFP Springfield is a major medical and psychiatric

referral 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, and contracts with the University of Missouri to provide

renal transplants to inmates with living-related donors.

(c) Voluntary Mental Health and Medical Treatment

In accordance with Program Statements 6031.01 Patient Care; 6340.04, Psychiatric Services; and

5310.12, Psychology Services Manual, the health care mission of the BOP is to provide appropriate

and necessary medical, dental, and mental health services 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 the CARE Level of the inmate, each inmate is assigned to a Primary

Care Provider Team designed to function in the same manner as a community medical team practice. 

Whenever possible, the inmate will see the same medical provider(s) for each appointment, ensuring

continuity of care and economy of service.

Patient care is provided by appointment, scheduled in advance through request by the inmate, or

scheduled by the provider for follow-up examination. A nominal co-pay for inmate-initiated medical

visits is assessed to encourage responsible use of health care resources, but no inmate is denied care

because of inability to pay. See Program Statement 6031.02, Inmate Copayment Program. 

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. 

Generally, inmates may keep prescribed medications within their possession. Controlled medication

is individually dispensed by medical staff.

26
(d) Managing Infectious Disease

Inmate 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 on release. The BOP has adopted a multi-faceted program of testing, treatment,

and education, and the rate of HIV and TB (tuberculosis) and other infectious diseases in the inmate

population does not significantly differ from that in the community. Inmates are tested for HIV

when clinically indicated. They are also tested for purposes of infectious disease monitoring, and

at the request of the inmate. While inmates with HIV are housed in the general population, HIVpositive 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 disease. Each inmate is required to undergo TB screening within two

calendar days of initial incarceration. All inmates who are free from prior TB infection are screened

annually for newly-acquired TB infection, and when clinical staff determine that the inmate may be

at risk for infection. See Procedures for Handling of HIV Positive Inmates Who Pose a Danger to

Others, 28 C.F.R. pt. 541, subpt. E, and Program Statement 6190.03, Infectious Disease

Management.

10. Mental Health Counseling and Treatment Services

Inmates are offered a full range of mental health services, through staff psychologists and

psychiatrists, as well as through community mental health specialists. See Program Statements

5310.12, Psychology Services Manual; 6000.05, Health Services Manual; 6340.04, Psychiatric

Services; 5310.13, Mentally Ill Inmates, Institution Management of; and 6010.01, Psychiatric

Treatment and Medication, Administrative Safeguards for. Many inmates can be treated on an

outpatient basis. Inmates requiring in-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. Several important principles govern the care and treatment of inmates

who suffer from mental disease or defect. Psychiatric medication is used only for a diagnosed

psychiatric disorder for which such medication is the most appropriate treatment. See 28 C.F.R.

§ 549.43(b); Program Statement 6010.01, Psychiatric Treatment and Medication, Administrative

Safeguards for. Psychiatric treatment is available on-site, through telemedicine evaluation, or by

community consultants.

Suicide prevention is a major concern at all institutions. Program Statement 5324.08, Suicide

Prevention Program, emphasizes staff training to alert staff to signs of those inmates who may be

contemplating suicide, and provides for comprehensive prevention programs.

Seclusion and medical restraints may be used solely for medical reasons, never for behavior

modification or punishment. Such measures may be used only in the most extreme situations, and

all restraint and seclusion orders must be renewed at least every 24 hours.

27
(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 for the purpose of

restoring an inmate’s competency, the decision must by made by the trial court); Administrative

Safeguards for Psychiatric Treatment and Medication, 28 C.F.R. pt. 549, subpt. C, and Program

Statement 6010.01. This treatment is permissible after the inmate has received notice and a hearing

before an administrative panel.9

 In a psychiatric emergency, psychotropic medication may be

administered involuntarily, if the medication is an appropriate treatment for the mental illness, and

other alternatives would not be effective. Inmates given emergency treatment of this type will be

considered for referral to a BOP psychiatric referral center.

(b) Mental Health Programs

All institutions have available psychologists to provide inmates with counseling and other mental

health services. Psychologists facilitate ongoing counseling programs, conduct personal crisis

intervention, and are readily accessible to inmates as needed. Staff or contract psychiatrists are

available for individual consultation.

All inmates are screened by Psychology Services staff during the institution's Admission and

Orientation Program. Screening may include an individual interview. Psychologists are available

for individual and group counseling, and inmates interested in these services can submit a request

for participation to a staff member in Psychology Services. Mental health services are offered to

treat drug use and alcohol abuse, as well as other behavioral and emotional problems. See Program

Statement 5310.12, Psychology Services Manual. In addition, BOP staff in each housing unit are

available for informal counseling sessions and conduct formal group counseling activities through

Alcoholics Anonymous, anger management, and other groups. Inmate participation in these

activities is voluntary, and encouraged.

(c) Sex Offender Management and Treatment

The Bureau of Prisons maintains a comprehensive sex offender management strategy, implemented

to effectively manage its population of sex offenders, and manage the risks posed by these offenders

to the general public. With the passage of the Walsh Act, as codified in 18 U.S.C. § 3621(f), Sex

Offender Management, the BOP has further expanded its monitoring, evaluation, and treatment

programs for sex offenders. As required by the Walsh Act, a specialized sex offender program is

offered in each BOP region. Inmates with a history of sexual offenses may be designated to the Sex

9

Medication may be administered without an administrative hearing for emergencies in which a person is

suffering from a mental illness which creates an immediate threat of bodily harm to self or others, serious destruction

of property, or extreme deterioration of functioning secondary to psychiatric illness. See 28 C.F.R. §549.43(b).

28
Offender Management Program (SOMP), at one of six institutions: FMC Devens; United States

Penitentiary (USP) Marion; USP Tucson; Federal Correctional Institution (FCI) Seagoville; FCI

Petersburg; and FCI Marianna. Assignment is made in accordance with the security level of the

individual.

An inmate amenable to treatment is offered participation in the Sex Offender Treatment Program

(SOTP-NR) offered at all SOMP institutions. SOTP-NR offers inmates individualized nonresidential treatment, ordinarily involving six to eight hours of programming per week, over a sixmonth period. All participation in non-residential treatment services is voluntary.

Inmates at any BOP institution may choose to volunteer for an intensive residential sex offender

treatment program (SOTP-R) offered at FMC Devens. The BOP reviews each application for the

SOTP-R, considering such factors as the seriousness of the inmate’s sexual offending history, the

inmate’s disciplinary record, and the amount of time remaining on the inmate’s sentence. The SOTPR is a therapeutic community, housed in a 112-bed specialized unit. The program employs a wide

range of cognitive-behavioral and relapse prevention techniques to help the sex offender manage

his sexual deviance both within the institution and in preparation for release. Ordinarily, participants

complete the program in 12 to 18 months.

BOP assists the released sex offender with information regarding community treatment programs

available to them upon release from federal custody. See 18 U.S.C. § 4042(c), and Program

Statement 5141.02, Sex Offender Notification and Registration. In addition, BOP informs state and

local law enforcement agencies of the release of a sex offender, and notifies the releasee of his legal

obligation to register with the local authorities, as required by the Sex Offender Registration and

Notification Act, enacted as part of the Walsh Act.

D. Visiting, Telephones, and Correspondence

1. Visiting

Inmates are encouraged, throughout their incarceration, to maintain ties to their family and friends

in the community. Inmates are ordinarily permitted face-to-face visitation with approved family and

friends, and confidential visitation with attorneys. See Program Statement 5267.08, Visiting

Regulations. Conjugal visits are not permitted. Each institution schedules its own visiting hours,

and inmates receive this information during the orientation process so they can advise family

members and others how and when they may visit. Visitors should consult the BOP website for

individual institution visiting instructions and scheduled hours. Pretrial inmates may receive visits

in accordance with the local institution’s guidelines on 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. § 551.120 and Program Statement 7331.04, Pretrial Inmates.

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

29
on security concerns, institutions may restrict visitation. An inmate’s visiting privileges may be

withheld as a disciplinary sanction when necessary.

2. Telephones

Telephone privileges are another means of maintaining community and family ties. See Telephone

Regulations for Inmates, 28 C.F.R. § 540.100, et. seq., subpt. I, ; and Program Statement 5264.07,

Telephone Regulations for Inmates. 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 and conditions may be imposed upon an inmate's telephone

privileges to ensure consistency with other aspects of correctional management responsibilities.

Inmates are advised of the institution’s telephone monitoring capability, and a notice is posted at

each inmate telephone advising that calls are monitored. See 28 C.F.R. § 540.102. Ordinarily, calls

are paid for by the inmate, but in some cases the receiving party pays. See 28 C.F.R. § 540.105.

Unmonitored calls to attorneys are permitted in limited circumstances. See Section F, Inmate

Access to Court, Unmonitored Legal Telephone Calls, infra. Third-party or other 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 use of cellphones or electronic

communication devices. Any such possession or use is grounds for disciplinary action and possible

criminal prosecution.

3. Written Correspondence

Inmates are encouraged to write to family, friends, and other community contacts during

incarceration. See Correspondence, 28 C.F.R. pt. 540, subpt. B, and Program Statement 5265.11,

Correspondence. Inmate correspondence is classified as either “general” or “special” mail. “General

mail” is opened and inspected by staff for both contraband and content which might threaten the

security or good order of the institution. See 28 C.F.R. § 540.14. Incoming “special mail” is opened

only in the presence of the inmate, and inspected for physical contraband and the qualification of

any enclosures as special mail. See 28 C.F.R. § 540.18. Consult Program Statement 5265.11 for

detailed discussion of “general” and “special” mail procedures.

Inmates are not permitted use of express mail services. At several facilities, inmates are provided

the opportunity to send and receive electronic messages using BOP computers dedicated and

outfitted for this limited purpose. Inmates have no access to the internet. As with traditional mail

communication, all such messages are subject to staff monitoring. While the inmate and his or her

community contacts will likely benefit from this expanded method of communication, the major

benefit of the program is increased institution security, and public safety. Electronic correspondence

can be much more easily monitored, tracked, and reviewed. Message content is subject to the same

restrictions as regular 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

30
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 a mortgage

or insurance business while in the institution.

Inmates are permitted to receive commercial publications from the community. See Incoming

Publications, 28 C.F.R. pt. 540, subpt. F, and Program Statement 5266.10, Incoming Publications. 

Inmates are permitted to subscribe to, or receive by mail, publications without prior approval. The

BOP has established procedures to determine if an incoming publication is detrimental to the

security, discipline, or good order of the institution, might facilitate criminal activity, or is otherwise

prohibited by law.

E. Inmate Discipline Procedure

Pursuant to 18 U.S.C. § 4042(a)(3), the BOP administers an inmate disciplinary process to promote

a safe and orderly environment for inmates and staff. After arriving at a BOP facility, all inmates

receive written notice of their rights and responsibilities, prohibited acts within the institution, and

the specifics of the disciplinary system.

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, loss of privileges,

and verbal warnings. See Prohibited acts and disciplinary severity scale, 28 C.F.R.§ 541.13; Program

Statement 5270.07, Inmate Discipline and Special Housing Units. Only institution staff may take

disciplinary action against inmates. Corporal punishment, 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 with a written copy of

the charges, and that the inmate is entitled to be present during the initial hearing. In addition, the

inmate is entitled to make a statement, to present documentary evidence on his or her own behalf,

and to have a staff representative at the hearing. See 28 C.F.R. § 541.14-19; and Program Statement

5270.07. The inmate may not be represented by an attorney or outside representative. Inmates may

appeal the decision of the Unit Discipline Committee (UDC) or the Discipline Hearing Officer

(DHO) through the Administrative Remedy program. See 28 C.F.R. § 541.19 and Program

Statement 1330.13, Administrative Remedy Program.

F. Inmate Access to Court

The BOP affords an inmate reasonable access to legal materials and to his or her attorney, and

reasonable opportunity to prepare legal documents. See Inmate Legal Activities, 28 C.F.R. § 543,

subpt. B, and Program Statement 1315.07, Legal Activities, Inmate.

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1. Law Libraries

All federal prisons maintain either electronic or print inmate law libraries. Legal materials

maintained in the inmate law libraries include federal court decisions, federal statutes, and a number

of other publications, as noted in Program Statement 1315.07. Inmates not physically able to utilize

the main law library (inmates in segregation status, or those with a medical disability), are assisted

by staff to access basic law library resources. In many cases, legal resource materials may be

available to inmates during evening and weekend hours. Inmates with pending court deadlines may

be given additional time to use the law library. An inmate may solicit or purchase legal materials

from outside the institution, pursuant to Program Statement 5266.10, Incoming Publications.

2. Preparation of Legal Documents

Inmates are permitted a reasonable amount of time, ordinarily when not participating in a scheduled

program or work assignment, to conduct their own legal research and to prepare legal documents. 

See Inmate Legal Activities, 28 C.F.R. § 543, subpt. B, and Program Statement 1315.07. Inmates

ordinarily have access to photocopying machines, typewriters, and office supplies. For safety,

security, and fire hazard reasons, inmates are limited in the amount of legal materials they may

possess. See Program Statements 5580.07, Personal Property, Inmate, and 1315.07. Inmates may

generally assist each other in preparing legal documents, absent unique security concerns. However,

one inmate may not possess another inmate’s legal materials except when assisting another inmate

in the institution’s main law library or in another location designated by the Warden. Any assistance

offered by one inmate to another is voluntary. An inmate is not entitled to assistance from any

specific inmate, and no inmate may receive compensation for assisting another.

3. Attorneys

At every institution inmates are permitted to contact and retain attorneys. See Retention of

Attorneys, 28 C.F.R. § 543.12 and Program Statement 1315.07 Legal Activities, Inmate; Program

Statement 7331.04 Pretrial Inmates; 28 C.F.R. § 551.117, Pretrial Inmates, Access to Legal

Resources. Attorney visiting will take place during regular institution visiting hours. Attorney visits

for pretrial inmates may be conducted at times other than established visiting hours with the

approval of the Warden or designee. Attorneys, and in some cases, their representatives, may

generally visit inmate clients in private conference rooms if available, or in other accommodations

set up to ensure a reasonable degree of privacy. Legal visits will be visually monitored, as necessary,

but are not subject to auditory monitoring. See Visits by Attorneys, 28 C.F.R. § 543.13.

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 Special Mail, 28 C.F.R. § 540.18, and Program

Statement 5265.11, Correspondence. Special mail from attorneys must be marked "Special MailOpen only in the presence of the inmate." In addition, the sender must identify himself or herself

on the envelope as a person entitled to invoke the protections of special mail. The sender’s return

32
address must reference an individual, not a firm, i.e., “John Doe, Attorney,” not “Law Offices of

Blauman & Blauman.” Incoming special mail is opened in the presence of the inmate and is visually

inspected for contraband. Staff may inspect incoming special mail to determine 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 the

community by exploiting the privacy afforded outgoing special mail, all outgoing special mail from

an inmate must be delivered directly to a staff member for further processing. Staff then confirm

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 by electronic means.

5. Unmonitored Legal Telephone Calls

Inmates may place unmonitored telephone calls to their attorneys. See Monitoring of inmate

telephone calls, 28 C.F.R. § 540.102, and Program Statement 5264.07, Telephone Regulations for

Inmates. 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 Access to Legal Resources, 28 C.F.R.

§ 551.117, and Program Statement 7331.04, Pretrial Inmates. 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 per calendar 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. If the inmate wishes to cooperate, the attorney should then contact the relevant BOP

Consolidated Legal Center (CLC) covering the institution in which the deposition is to be held, to

assist in making arrangements. Visiting regulations apply, and all equipment is subject to search. 

Leave of court must be obtained prior to taking any deposition of a federal inmate. See FED. R. CIV.

P. 30(a)(2). At the discretion of the Warden, a room may be made available for the deposition,

should the inmate consent to be deposed.

(b) Subpoenas

Response to a subpoena by BOP staff will be processed in accordance with applicable policy. See

Release of Information, 28 C.F.R. § 513, and Program Statement 1351.05, Release of Information.

Should an attorney request 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.

33
Attorney’s Office, in accordance with Production or Disclosure in Federal or State Proceedings

Release of Information, 28 C.F.R. pt. 16. Frequently, a request for documents may be more

efficiently handled through a Freedom of Information Act (FOIA) request, rather than by subpoena.

Consult the relevant Consolidated Legal Center for additional information.

(c) Inmate Civil Suits – Service of Process

The BOP will not accept service of process for an inmate. Anyone desiring to serve an inmate may

use a local process server, or otherwise follow local court procedures in the jurisdiction in which the

inmate is housed. Contact the local institution for specific information.

(d) Court Appearance of an Inmate

In accordance with Transfers, 28 C.F.R. pt. 527, subpt. D, and Program Statement 5875.12, Transfer

of Inmates to State Agents for Production on State Writs, the BOP will consider the request of a state

or local court for the transfer of an inmate to local physical custody pursuant to a state writ of habeas

corpus ad prosequendam (“ad pros”) or ad testificandum (“ad teste”). Such transfer is at the

discretion of the Warden. Transfers in civil cases pursuant to a writ ad teste must be cleared through

both the CLC counsel and the Warden. Transfers will be recommended only if the case is

substantial, where testimony cannot be obtained through alternative means such as depositions or

interrogatories, and where security arrangements permit.

(e) Inmate Access to Discovery Materials

Printed materials retained by an inmate are subject to personal property space limitations as

prescribed by policy, infra. In some circumstances, an inmate may access litigation documents in

other than printed form. Discovery in the form of electronic media may be accessed through

institutional equipment under the supervision of staff. Specific requests should be directed to the

Warden of the institution in which the inmate is confined.

G. Administrative Remedy Program

The Administrative Remedy Program provides every inmate 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 Administrative Remedy, 28 C.F.R. pt. 542, and Program Statement

1330.13, Administrative Remedy Program. This program applies to all inmates confined in

institutions 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 of

grievances 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 and provide

the inmate a written response. If the inmate is dissatisfied with the Warden’s response, he or 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 a written response. 

If the inmate is dissatisfied with the Regional Director’s response, he or she has 30 days to file a

34
Central Office Administrative Remedy Appeal (“BP-11"). Once received in the Central 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 for both filing grievances and

receiving responses.

If the inmate considers the issue to be sensitive, i.e., the inmate’s safety or well-being would be

placed 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 the

request. 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, or other

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) and Booth v. Churner, 532 U.S.

731 (2001). The requirement to exhaust 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 has reaffirmed these holdings in Woodford v. Ngo, 126 S. Ct. 2378, 2386-87

(2006), and mandated “. . .compliance with an agency’s deadlines and other critical procedural rules

because no adjudicative system can function effectively without imposing some orderly structure

on the course of its proceedings. . . .The text of 42 U.S.C.A. § 1997e(a) strongly suggests that PLRA

uses the term ‘exhaustion’ to mean. . .proper exhaustion. Section 1997e(a) refers to ‘such

administrative remedies as are available,’ and thus points to the doctrine of exhaustion in

administrative law.” See also, Jones v. Bock, 127 S. Ct. 910 (2007).

The 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 who wish to grieve a specific BOP matter (which is limited to

classification, designation, sentence computation, reduction of 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.

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H. Personal Property

Inmates may possess only that property which is authorized by policy to be retained upon admission

to the institution, is issued while the inmate is in custody, is purchased in the institution commissary,

or is approved by staff to be mailed to, or otherwise received by an inmate. See Inmate Property,

28 C.F.R. pt. 553, and Program Statement 5580.07, Personal Property, Inmate. 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 for

purchase in the inmate Commissary. See Program Statements 4400.05, Property Management

Manual, and 5230.05, Grooming. Inmates may purchase a variety of clothing, snacks, and grooming

items in the inmate Commissary at specific 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.

I. Special Administrative Measures

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

Under § 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 of classified information that would pose a threat to the national security if the inmate

disclosed such information. 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 the

period 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 from the

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

Under § 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 SAM may be extended by the Director 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 intelligence community that there continues to be a substantial risk

that the inmate’s communications or contacts with other persons could result in death or serious

36
bodily injury to persons, or substantial damage to property that would entail the risk of death or

serious bodily injury to persons.

J. Family Emergencies and Temporary Releases

In limited circumstances, temporary release from the prison facility may be obtained through an

approved furlough or an escorted trip. See Community Programs, 28 C.F.R. pt. 570, Furloughs,

subst. C; Escorted Trips, subst. D; and Program Statements 5280.08, Furloughs, and 5538.04,

Escorted Trips. Several factors are reviewed in determining whether a trip is permissible and how

such a trip will be accomplished including the reason for the trip and the offender’s criminal history,

security designation, and custody classification.

1. Furloughs

A furlough is an authorized absence from an institution by a sentenced inmate who is not under

escort by a BOP staff member, the USMS, or other federal or state agent. See Program Statement

5280.08. For federal inmates whose offense occurred on or after November 1, 1987, 18 U.S.C. §

3622 vests the BOP with the authority to grant furloughs. For offenses committed prior to

November 1, 1987, 18 U.S.C. § 4082 provides the authority for furloughs. The BOP has delegated

this function to the Warden of the federal prison in which the inmate is incarcerated. See 28 C.F.R.

§ 570.32(a).

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 that

is 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. If requested by the court, the BOP will inform

the court that a particular inmate is being considered for furlough.

Only inmates within two years of their anticipated 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 the Warden 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 the person or whose presence in the community could attract undue public attention,

or depreciate the seriousness 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, visiting a critically ill member of the

inmate's immediate family, attending a funeral, or participating in a community program or

work-related function. See Program Statement 5538.04, Escorted Trips. Escorted trips fall into one

of two categories, medical and non-medical. The need for an escorted trip may arise unexpectedly 

37
(e.g., to visit a critically ill family member) or may be planned in advance (e.g., to attend an

educational function). In many instances, the inmate and/or family must bear the cost of an escorted

trip. n inmate may appeal denial of an escorted trip application through the Administrative Remedy

Program.

K. Release 

1. 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. The

U.S. Pardon Attorney ordinarily reviews all petitions for Executive Clemency, undertakes the

necessary investigation, and prepares a recommendation for the President.

To expedite the Pardon Attorney’s consideration of an inmate’s petition for commutation of

sentence, a federal inmate seeking commutation must send the petition through the Warden to the

Pardon Attorney. An inmate may request the appropriate forms and instructions for filing a petition

for commutation of sentence from the inmate’s case manager at the institution. On request from

the Pardon Attorney, the Director will forward a recommendation on the inmate’s petition. Staff

may not refuse to process an inmate’s petition for commutation of sentence, even when it appears

that the inmate is not eligible. See Executive Clemency, 28 C.F.R. pt. 1; Release from Custody, 28

C.F.R. pt. 571, Petition for Commutation of Sentence; subst. E; and Program Statement 1330.15,

Commutation of Sentence, Petition for. Inmates seeking a pardon (rather than commutation of

sentence) must wait at least five years after their release from confinement, or, if no confinement

was imposed, five years after the date of conviction. No petition will be accepted from a person on

probation, parole, or supervised release.

(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.” For inmates who offense was committed prior to November 1,

1987, the BOP may file a motion with the sentencing court seeking to reduce the term of

imprisonment to the time the inmate has served, thereby making him or her eligible for parole

consideration. See 18 U.S.C. § 4205(g). The actual release decision then rests with the Parole

Commission, rather than with the sentencing court. See pt. 571, subst. G, Compassionate Release

(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 4205(g)), and Program

Statement 5050.46, Compassionate Release; Procedures for Implementation of 18 U.S.C.

3582(c)(1)(A) & 4205(g).

38
Being mindful of its mission to protect society, the BOP utilizes this authority sparingly.

Historically, motions for Reduction in Sentence (RIS) have been filed only on behalf of inmates

suffering from terminal medical conditions, or who are severely and permanently mentally or

physically debilitated. Additional facts that are carefully considered include, but are not limited to,

the nature of the crime committed, the length of the inmate’s sentence, the amount of time served,

and the inmate’s ability to continue criminal activity. Offenders sentenced under the D.C. Code may

also be considered for RIS. The District of Columbia Official Code § 24-101, §§ 24-461 through

465, § 24-267, and § 24-468, collectively authorized the BOP to determine whether a RIS may be

warranted for D.C. Code offenders in BOP custody.

2. Parole

Many 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; and

28 C.F.R., pt. 2, Parole, Release, Supervision and Recommitment of Prisoners, Youth Offenders,

and Juvenile Delinquents. Generally, inmates must complete one-third of the term imposed or some

other court-imposed minimum term before becoming eligible for parole. See Eligibility for parole;

adult sentences, 28 C.F.R. § 2.2 and Program Statements 5800.14, Inmate Systems Management 

Manual; 5880.30, Sentence Computation Manual/Old Law/Pre CCCA 1984.

A federal inmate seeking parole must apply for parole 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. § 2.11(e).

3. 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-establishing family

ties.

RRCs are operated by a number of social service agencies and private companies under contract to

the BOP. RRCs offer a broad spectrum of pre-release programs for community confinement of

federal offenders. To oversee these services, the BOP maintains a network of Community

Corrections Management offices (CCMs) in major cities throughout the country. See Program

Statement 7300.09, Community Corrections Manual.

While the RRCs are closely monitored by BOP staff, the RRC contractor is responsible for all

aspects of the inmate’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 RRC find

that the inmate has violated any conditions of his or her residence at the facility, or has been

involved in any further criminal activity, staff will impose disciplinary sanctions. All RRC

39
disciplinary sanctions imposed against the inmate will be reviewed by BOP staff, however, to ensure

compliance with BOP policy.

Inmate program plans are individualized and tailored to the reintegration needs of the offender. 

During their stays, employed offenders are 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 Program Statement 7320.01, Home

Confinement. Title 18 U.S.C. § 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 offender remains at his or her 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 sentences or 6 months, whichever is less. See 18 U.S.C. § 3624(c) and 28 C.F.R. §§ 570.20-21.

The Bureau of Prisons 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

report to the RRC on a scheduled basis for counseling and program updates.

The second method involves electronic monitoring. Many RRCs utilize such electronic monitoring

technology, usually involving the use of an ankle bracelet signaling a computer-driven receiving and

recording device to detect an inmate’s location.

L. Notification to Community of the Release of an Offender

Title 18 U.S.C. § 4042(b) requires that the BOP notify 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 of violence.” 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 of conviction, 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 the inmate’s release. Notification is made to the

chief state law enforcement official, to the chief local law enforcement official, and to the

appropriate U.S. Probation Office. BOP staff supply the offender’s name, criminal history, final

release date to 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

40
found on the J&C. See Program Statement 5110.15, Notification of Release to State and Local Law

Enforcement Officials.

Title 18 U.S.C. § 4042(c) requires that notification must be made for those inmates who have been

convicted of certain sexual offenses. Such notification operates both to ensure the safety 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 Program Statement 5141.02,

Sex Offender Notification and Registration. Notification is made, as above, to the chief law

enforcement officer of the state, to the chief local law enforcement official, to the appropriate U.S.

Probation Office, and in addition, to the sex offender registration official in the individual state

office responsible for the receipt or maintenance of 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 passage

of 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 the

inmate’s legal requirement to register upon release. Newly enacted 18 U.S.C. § 2250, Section 141

of the Walsh Act, creates federal criminal liability for failure to register.

Finally, 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 for

Victim and Witness Assistance, set forth procedures to meet the needs of crime victims and

witnesses. 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 Program Statement 1490.06,

Victim and Witness Notification Program. A victim or witness of a serious crime requesting 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 the inmate, and should the

inmate be released to parole, to an RRC, or to the community, as well as any incident of furlough,

escape, death, and in the event that 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 and wellbeing of incarcerated offenders. Consult the BOP website, and contact the relevant BOP office,

should you have any further questions or concerns.

41
VII. APPENDICES 

Appendix A:: Summary Table, Application of Title 18 U.S.C. Chapter 313

Offenders with Mental Disease or Defect

Appendix B: Regional Counsel and Consolidated Legal Center (CLC) Offices

Appendix C: Relevant Acronyms

42
APPENDIX A: Summary Table

Application of Title 18 U.S.C. Chapter 313; Offenders with Mental Disease or Defect

Statutory Section Role of the Attorney General Role of State/Local 

Government or Agencies

PRETRIAL PRETRIAL PRETRIAL

§ 4241(a) –

Motion for examination

to determine defendant’s

competency to stand

trial.

The defendant may be committed for a

reasonable period (not to exceed 30 days) for

examination; the court may approve a 15-day

extension.

The examination will be conducted at the nearest

suitable facility to the criminal court, if

practicable.

The court may permit a psychiatrist

or psychologist in the community to

conduct the examination. This is

particularly appropriate if the

defendant is on bond.

The BOP will not cover the cost of

an examination conducted in the

community.

§ 4241(d) –

Determination whether

the defendant will attain

competency.

If incompetent, the defendant shall be

hospitalized for a reasonable period of time (not

to exceed 4 months) for treatment to regain

competency. The defendant may be committed

for an additional reasonable period until either

the defendant attains competency, or until

charges are dropped. If at the end of the time

period specified, it is determined that the

defendant’s mental condition has not so

improved as to permit proceedings to go forward,

the defendant is subject to the provisions of §

4246 and § 4248. 

§ 4242 – 

Motion for examination

of a defendant who

intends to rely on the

defense of insanity.

The defendant may be committed for a

reasonable period (not to exceed 45 days) for

examination; the court may approve a 30-day

extension.

The examination will be conducted at the nearest

suitable facility to the criminal court, if

practicable.

The court may permit a psychiatrist

or psychologist in the community to

conduct the examination. This

method is particularly useful if the

defendant is out on bond.

The BOP will not cover the cost of

an examination conducted in the

community.

43
Statutory Section Role of the Attorney General Role of State/Local 

Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

§ 4243(a) -

Hospitalization of a person

found not guilty only by

reason of insanity.

The acquittee must be committed to a

suitable facility 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 the property 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 the

court 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

custody of the Attorney General.

The acquittee will remain hospitalized

until the Attorney General is able to

arrange for release to the State where the

acquittee was domiciled (or tried) for

treatment and care, or until the acquittee's

condition has improved such that release

would no longer pose a risk of bodily

injury to others, or serious damage to the

property of another.

The director of the facility shall file

annual reports regarding the acquittee's

condition. See 18 U.S.C. § 4247(e).

The State may agree to assume

responsibility for care and treatment of

the acquittee; this includes assuming

all financial responsibility.

The director of the facility shall file

annual reports with the court 

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 the

acquittee may be released.

The director of the facility must file with

the court a certificate stating that the

acquittee has recovered such that release,

conditionally or unconditionally, would

no longer create a substantial risk of

bodily injury to others, or serious damage

to the property of another.

The acquittee may not be released without

court order.

The director of the facility must file

with the court a certificate stating that

the acquittee is ready to be released.

§ 4244(a) –

Motion to determine whether

the con-victed person is

suffering from mental

disease or defect and requires

treatment prior to sentencing.

The defendant may be committed for a

reasonable period (not to exceed 30 days)

for examination; the court may approve a

15-day extension.

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 the

community.

44
Statutory Section Role of the Attorney General Role of State/Local 

Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

§ 4244(d) – 

Civil commitment

of a convicted defendant who

is suffering from mental

disease or defect and requires

treatment prior to sentencing.

The defendant shall be committed for

hospitalization in a suitable facility under

a provisional sentence.

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 a disease or defect, the director shall

file a certificate with the court; the court

may modify the provisional sentence.

§ 4245(a) –

Motion to determine whether

a sentenced person is

suffering from a mental

disease or defect and needs

mental health treatment.

The defendant may be committed for a

reasonable time (not to exceed 30 days)

for examination; the court may approve a

15-day extension.

The examination will be conducted at the

nearest suitable facility to the court, if

practicable.

§ 4245(d) - Commitment of a

person who is presently

suffering from a mental

disease or defect for the

treatment of which he is in

need of custody for care or

treatment in a suitable

facility.

The defendant shall be committed to the

custody of the Attorney General for

hospitalization until the offender is no

longer in need of custody or until the

expiration of the sentence of

imprisonment, whichever occurs earlier.

§ 4246(a) -

Certification of an inmate

who is due for release but

continues to suffer from

mental 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 a substantial risk of

bodily injury to others or serious damage

to property of another.

45
Statutory Section Role of the Attorney General Role of State/Local 

Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

§ 4246(d) –

Civil commitment of an

inmate who cannot be

released 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 release would not create a

substantial risk of bodily injury to another

or serious damage to property of another.

The Attorney General shall try to make

arrangements for the State to assume

responsibility for the inmate's care and

treatment.

The State may agree to assume

responsibility for the care and

treatment of the person.

The Attorney General may seek civil

commitment under State law. See

18 U.S.C. § 4247(i)(B).

§ 4248 –

Civil commitment of a

sexually dangerous person.

The Bureau of Prisons may certify to the

court that 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 and convincing 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 make

arrangements for the State to assume

responsibility for the committee’s care

and treatment.

The State may agree to assume

responsibility for the care and

treatment of the person.

46
APPENDIX B

Phone and Address List for Regional Counsels

Mid-Atlantic Region - MARO:

Michelle Fuseyamore, Regional

Counsel

Phone: 301-317-3113

Fax: 301-317-3132

Matthew Mellady, Deputy Regional

Counsel

Phone: 301-317-3120

Fax: 301-317-3132

Mid-Atlantic Regional Office

302 Sentinel Drive, Suite 200

Annapolis Junction, MD 20701

North Central Region - NCRO:

Richard W. Schott, Regional Counsel

Phone: 913-551-1004

Fax: 913-551-1107

Richard Winter, Deputy Regional

Counsel

Phone: 913-551-1006

Fax: 913-551-1107

North Central Regional Office

Gateway Complex Tower II, Suite 800

400 State Avenue

Kansas City, KS 66101

South Central Region - SCRO:

Jason Sickler, Regional Counsel

Phone: 214-224-3410

Fax: 214-224-3352

Michael Frazier, Deputy Regional

Counsel

Phone: 214-224-3411

Fax: 214-224-3352

South Central Regional Office

4211 Cedar Springs Road, Suite 300

Dallas, TX 75219

Northeast Region - NERO:

Henry J. Sadowski, Regional Counsel

Phone: 215-521-7375

Fax: 215-521-7483

Michael Tafelski, Deputy Regional

Counsel

Phone: 215-521-7376

Fax: 215-521-7483

Northeast Regional Office

U.S. Custom House - 7th Floor

2nd and Chestnut Streets

Philadelphia, PA 19106

Western Region - WXRO:

Harlan Penn, Regional Counsel

Phone: 209-956-9739

Fax: 209-956-9795

Dennis Wong, Deputy Regional

Counsel

Phone: 209-956-9732

Fax: 209-956-9795

Western Regional Office

7338 Shoreline Drive

Stockton, CA 95219

Southeast Region - SERO:

Lisa Sunderman, Regional Counsel

Phone: 678-686-1260

Fax: 678-686-1299

Craig Simmons, Deputy Regional

Counsel

Phone: 678-686-1281

Fax: 678-686-1299

Southeast Regional Office

3800 Camp Creek Parkway, SW

Building 2000

Atlanta, GA 30331-6226

47
Consolidated Legal Centers

! = CLC LEADER * = NOT ACTIVATED

MARO

! Matthew Mellady

 301-317-3120

FCI Cumberland, MD

FCI Morgantown, WV

FCI Memphis, TN

USP Hazelton, WV

*USP Ohio County,

WV

NERO

! Michael Tafelski

 215-521-7376

FDC Philadelphia ,PA

FCI Fort Dix, NJ

FCI Fairton, NJ

FCI McKean, PA

FCI Elkton, OH

FCI Loretto, PA

ContractYoungstown, OH

NCRO

! Richard Winter

 913-551-1006

USP Leavenworth,KS

MCFP Springfield,MO

FPC Yankton, SD

WXRO

! Dennis Wong

 209-956-9732 

FCI Dublin, CA

MCC San Diego

Contract-TCI Taft, CA

Contract-CA City, CA 

USP Atwater, CA

FDC Honolulu, HI

FCI, Herlong, CA 

 SCRO/Dallas

! Michael Frazier

 214-224-3411

FCI Ft. Worth, TX

FMC Carswell, TX 

FCI La Tuna, TX

FSL La Tuna, TX

FCI Big Spring, TX

FCI Seagoville, TX

Contract-Big Spring,

TX

Contract-Eden, TX

Contract-Milan, NM

Contract-Post, TX

Contract-Pecos, TX

SERO

! Craig Simmons

 678-686-1281 

USP Atlanta, GA

FCC Yazoo City, MS 

FCI Talladega, AL

FPC Montgomery, AL

FCI Jesup, GA

MDC Guaynabo, PR

Contract-McCrae, GA

FMC Lexington

! Joseph Tang

 859-255-6812x5110

FMC Lexington, KY

FCI Ashland, KY

FCI Manchester, KY

USP Big Sandy, KY

USP McCreary, KY

MCC New York

! Adam Johnson 

 646-836-6455

MCC New York, NY

MDC Brooklyn, NY

FCI Otisville, NY

FMC Rochester

! Dennis Bitz

 507-287-0674x445

 

FMC Rochester, MN

FPC Duluth, MN

FCI Sandstone, MN

FCI Waseca, MN

FCI Phoenix

! Matthew Carney

 623-465-5120

FCI Phoenix, AZ

FCC Tucson, AZ

FCI Safford, AZ

FDC Houston

! Eric Hammonds

 713-229-4104

FCI Bastrop, TX

FCI Three Rivers, TX

FDC Houston, TX

USP Pollock, LA

*FCI Pollock, LA

FCC Oakdale, LA 

FCC Coleman

! Jeffrey Campbell 

 352-689-3020 

FCC Coleman, FL 

FCI Beckley

! Debbie Stevens

 304-252-9758x4105

FCI Beckley, WV

FPC Alderson, WV

USP Lee County, VA

*USP McDowell, WV

FCI Gilmer, WV

FCC Allenwood 

! Lori Cunningham

 570-523-1251

FCC Allenwood, PA 

USP Lewisburg, PA

FCI Schuylkill, PA

USP Canaan, PA

Contract-Phillipsburg,

PA 

St. Louis, MO

! Paul Pepper

 314-539-2382

MCC Chicago, IL

FCI Oxford, WI

FCI Pekin, IL

USP Marion, IL

FCI Greenville, IL

FCI Terre Haute, IN

USP Terre Haute, IN

FCI Milan, MI

MDC Los

Angeles

! Eliezer Ben-Shmuel

 213-253-9570 

MDC Los Angeles,

CA

FCC Lompoc, CA

FCI Terminal Island,

CA

FCC Victorville, CA

FCC Beaumont

! Gerard Rawls

 409-727-8187 

FCC Beaumont, TX 

FPC Bryan, TX

FDC Miami

! Richard DeAguiar

 305-982-1273

FDC Miami, FL

FCI Miami, FL

FCI Tallahassee, FL

FCI Marianna, FL

FPC Pensacola, FL

FMC Butner

! Michael

Bredenberg

 919-575-3900x6078

FCC Butner, NC

FCI Petersburg, VA

FCI Petersburg, VA

Contract-Winton, NC

FMC Devens

! Les Owen 

 978-796-1043 

FCI

Danbury, CT

FCI Ray Brook, NY

FMC Devens, MA

FCC Florence

! Chris Synsvoll

 719-784-5216

FCC Florence, CO

FCI Englewood, CO

FDC Seatac

! Theresa Talplacido

 206-870-1062 

FDC Seatac, WA

FCI Sheridan, OR

FTC Oklahoma

City

! J. D. Crook 

 405-680-4004

FTC Oklahoma City,

OK

FCC Forrest City, AR

FCI Texarkana, TX

FCI El Reno, OK

FCI Edgefield

! Tami Rippon

 803-637-1307 

FCI Edgefield, SC

FCI Estill, SC

FCI Williamsburg, SC

FCI Bennettsville, SC

48
APPENDIX C: Relevant Acronyms and Abbreviations

A&O Admission and Orientation

AOUSC Administrative Office of the U.S. Courts 

APA Administrative Procedures Act 

BOP Federal Bureau of Prisons 

CCC Community Corrections Center

CCM Community Corrections Manager

CMP Correctional Management Plan

CIMS Central Inmate Monitoring System 

COIF Cost of Incarceration Fee 

CRP Certification Review Panel

CSC Comprehensive Sanctions Center

D.C. District of Columbia

DOJ United States Department of Justice

DHO Discipline Hearing Officer 

DSCC Designation and Sentence Computation Center

ESL English as a Second Language 

FCC Federal Correctional Complex 

FCI Federal Correctional Institution

FMC Federal Medical Center

FOIA Freedom of Information Act

FPC Federal Prison Camp 

FPI Federal Prison Industries

FTC Federal Transfer Center

GCT Good Conduct Time

GED General Educational Development 

HHS Health and Human Services 

IAC Inmate Accident Compensation

IAD Interstate Agreement on Detainers

ICC Intensive Confinement Center 

ICE U.S. Immigration and Customs Enforcement 

IFRP Inmate Financial Responsibility Program 

ISM Inmate Systems Management 

J&C Judgment and Commitment Order 

JCAHO Joint Commission on the Accreditation of Healthcare Organizations

JJDPA Federal Juvenile Justice and Delinquency Prevention Act 

JPATS Justice Prisoner and Alien Transportation System

MARO Mid-Atlantic Regional Office, Bureau of Prisons

MCFP Medical Center for Federal Prisoners

MCC Metropolitan Correctional Center

MDC Metropolitan Detention Center 

MINT Mothers and Infants Together 

NERO Northeast Region, Bureau of Prisons

NCRO North Central Region, Bureau of Prisons

OMDT Office of Medical Designations and Transportation

PSF Public Safety Factor

PSR Presentence Report

PLRA Prison Litigation Reform Act of 1995

RDAP Residential Drug Abuse Program 

RIS Reduction in Sentence

RRC Residential Reentry Center 

SAM Special Administrative Measure

SDP Sexually Dangerous Person

SCRO South Central Region, Bureau of Prisons

SERO Southeast Region, Bureau of Prisons

SGT Statutory Good Time

SOR Statement of Reasons 

SORC Sex Offender Release Coordinator

SOMP Sex Offender Management Program

SOTP Sex Offender Treatment Program 

UDC Unit Discipline Committee 

49
UNICOR Federal Prison Industries tradename

USSC United States Sentencing Commission

USSG United States Sentencing Guidelines

USMS United States Marshals Service 

USP United States Penitentiary

USPO United States Probation Office

VCCLEA Violent Crime Control and Law Enforcement Act of 1994

WXRO Western Region, Bureau of Prisons

50