U. S. Department of Justice 

 Federal Bureau of Prisons 

 

 

LEGAL RESOURCE GUIDE 

TO THE 

FEDERAL BUREAU OF PRISONS

2014 
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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 

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 ...............................................................................................7 

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....................................................................... 9 

 

 IV. SENTENCING ISSUES 

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

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

2. Intermittent Confinement ..................................................................................10 

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

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

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

2. Service of Sentence in Non-Federal Facilities ..................................................10 
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 3. Juvenile Offenders ..........................................................................................11 

C. Judgment in a Criminal Case ........................................................................................11 

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

Specialized Program ....................................................................................12 

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. DNA Collection.........................................................................17 

3. Transportation to a Designated Institution ........................................................17 

4. Interstate Agreement on Detainers. . .................................................................17 

5. Central Inmate Monitoring System ...................................................................18 

6. Communication Management Units..................................................18 

7. Special Management Units............................................................19 

B. Admission and Orientation Program for Inmates .........................................................19 

C. Programs and General Services ....................................................................................19 

1. Education and Recreation Programs .................................................................19 

2. Religious Programs ...........................................................................................20 

3. Food Service ......................................................................................................21 

4. Work Programs and UNICOR ..........................................................................21 

5. Inmate Accident Compensation ........................................................................22 

(a) Lost-Time Wage Program ...................................................................22 

(b) Compensation for Work-Related Physical Impairment or Death ........22 

6. Female Offenders ..............................................................................................22 

(a) Birth Control and Pregnancy ...............................................................23 

(b) Abortion ...............................................................................................23 

7. Substance Abuse Treatment ..............................................................................24 

8. Urine Surveillance Program ..............................................................................24 

9. Medical Services ...............................................................................................25 

(a) Medical Services Available to Sentenced Offenders ...........................25 

(b) Medical Referral Centers .....................................................................26 

(c) Voluntary Mental Health and Medical Treatment ...............................27 

(d) Managing Infectious Disease ..............................................................28 

10. Mental Health Counseling and Treatment Services ........................................28 

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

(b) Mental Health Programs ......................................................................29 
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(c) Sex Offender Management and Treatment. .........................................29 

(d) Implementation of the Prison Rape Elimination Act of 2003...........30 

(e) Treatment of Inmates with Gender Dysphoria ....................................30 

D. Visiting, Telephones, and Correspondence ..................................................................31 

1. Visiting ..............................................................................................................31 

2. Telephones ........................................................................................................31 

3. Written and Electronic Correspondence ...........................................................32 

E. Inmate Discipline Procedure .........................................................................................32 

F. Inmate Access to Court .................................................................................................33 

1. Law Libraries ....................................................................................................33 

2. Preparation of Legal Documents .......................................................................33 

3. Attorneys ...........................................................................................................34 

4. Legal Mail .........................................................................................................34 

5. Unmonitored Legal Telephone Calls ................................................................34 

6. Inmate Involvement in Litigation While Incarcerated ......................................35 

G. Administrative Remedy Program .................................................................................36 

H. Personal Property .........................................................................................................37 

I. Inmate Liens .................................................................................................................38 

J. Special Administrative Measures .................................................................................38 

1. National Security Cases ....................................................................................38 

2. Prevention of Acts of Violence and Terrorism .................................................39 

K. Family Emergencies and Temporary Releases ............................................................39 

1. Furloughs ...........................................................................................................39 

2. Escorted Trips ...................................................................................................40 

L. Release ..........................................................................................................................40 

1. Early Release from Prison .................................................................................40 

(a) Executive Clemency ............................................................................40 

(b) Reduction in Sentence .........................................................................40 

2. Parole.................................................................................... 41 

3. Community Confinement...............................................................41 

4. Home Confinement ...........................................................................................42 

 M. Notification to Community of the Release of an Offender .........................................43 

VI. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . ........................................................................44 

VII. APPENDICES

Appendix A - Summary Table: 

Application of Title18 U.S.C. Ch. 313: Offenders with Mental Disease or Defect. . . . . . . . . . . 45 

Appendix B - Regional Counsel and Consolidated Legal Center offices . . . . . . . . . . . . . . . . . 49 

Appendix C - Relevant Acronyms and Abbreviations................................................... 52
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I. INTRODUCTION

The Federal Bureau of Prisons (Bureau or 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 119 institutions, six Regional Offices, a Central Office (headquarters) located in Washington, 

D.C., a Designation and Sentence Computation Center (DSCC) located in Grand Prairie, Texas, 

two staff training centers, and 22 Residential Reentry Management (RRM) Offices. Regional 

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

RRMs. The DSCC completes designations and sentence computations for the majority of inmates 

in BOP custody; the Office of Medical Designations and Transportation (OMDT) will assign those 

inmates with specific medical needs. RRMs oversee Residential Reentry Centers (RRCs) and 

home confinement programs. Inmates may be designated to any one of a number of Bureau of 

Prisons facilities: a United States Penitentiary (USP); a Federal Correctional Institution (FCI); a 

Federal Medical Center (FMC); a Federal Prison Camp (FPC) ; a Federal Detention Center (FDC); 

an Administrative Maximum Facility (ADX); or to a contract facility. Often, institutions with 

varied security levels, are co-located, at a Federal Correctional Complex (FCC). 

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

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

behalf of the United States Marshals Service (USMS). The BOP also has custodial responsibility 

for District of Columbia felons sentenced to terms of imprisonment, and houses a number of state 

and military offenders on a contractual basis. The current inmate population exceeds 218,000 men 

and women, housed in both federal prisons and in private facilities under contract with the BOP. 

Approximately 28,000 inmates are housed in 15 major contract facilities under the oversight of the 

BOP Privatization Management Branch. 

Federal Prison Industries (trade name “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. Many BOP institutions house a UNICOR factory or service. 

The National Institute of Corrections (NIC), established in 1974, provides training, technical 

assistance, information services and cooperative agreement awards to service provider groups, and 

will directly assist state and local corrections agencies. The NIC Director and 16-member 

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

Institute’s funding priorities. 

BOP contracts with private firms with correctional expertise to operate prisons to house felony 

offenders, predominantly criminal aliens, who might otherwise be incarcerated in BOP facilities. 

The contractor is required to adhere to most BOP policies for offender management, and has 
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day-to-day operations responsibility, with general oversight by the BOP Privatization 

Management Branch. 

A. The Bureau's Mission

The mission of the Bureau of Prisons is to protect society by confining offenders in the controlled 

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

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

offenders in becoming law-abiding citizens. 

The federal prison system is the largest correctional system in the United States and continues to 

grow at a rate of approximately 2.6% per year. Most crimes in this country are committed by 

recidivists. With approximately 50,000 to 60,000 inmates released from federal prisons back to 

U.S. communities each year, reentry is a critical element of the mission of the BOP. 

The Bureau's longstanding philosophy regarding reentry is that preparation for reentry begins on 

the first day of incarceration. To support reentry efforts, the Bureau has changed its focus from an 

emphasis on clinical assessment and program participation to a competency-based model that 

measures success by skill acquisition and ultimately successful community transition. 

 

B. This Publication

This publication is intended to serve as a guide to relevant statutes, regulations, policy documents, 

and current case law concerning issues the BOP faces today. It provides a general overview of the 

BOP, its services, and its programs. Statutes, regulations, case law and agency policies (Program 

Statements), referred to in this Guide may have been changed since publication. Thus, readers 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. Consult the site for population data, 

policies, 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.gov. 

UNICOR’s site is www.UNICOR.gov. 

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

By virtue of Section 11201 of Chapter 1 of Subtitle C of Title XI of the National Capital 

Revitalization and Self-Government Improvement Act of 1997 (Revitalization Act), enacted 

August 5, 1997, Pub. L. No. 105-33, the BOP administers the imprisonment terms of felony 
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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. 

II. PRETRIAL ISSUES 

A. Pretrial Detention

The BOP and USMS cooperate to manage the allocation of federal detention bed space. 

Ordinarily, pretrial inmates may be detained at BOP detention centers, and at other BOP facilities 

pending prosecution and/or sentencing. The USMS acquires detention bed space through 

agreements with state and local governments, and contracts with private vendors, in addition to the 

available BOP pretrial cells. The development of necessary detention resources in key districts, 

while emphasizing appropriately structured community supervision alternatives for non-violent 

offenders, is the primary focus of this cooperative effort. To the extent practicable, pretrial 

inmates are separated from sentenced inmates, in accordance with 18 U.S.C. § 3142(i)(2). 

Should a court have concerns about conditions of confinement, access to medical care, or any other 

issue relating to a defendant’s pre-trial detention in a BOP facility, 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. Parties raising such 

issues tend to seek injunctive release in the form of an order compelling or directing the custodian 

of the detainee to affirmatively act in some way or refrain from action. As the Warden or other 

custodian is not a party to the criminal prosecution, the government attorney litigating the matter is 

urged to contact the Warden or the BOP legal office advising the affected institution for assistance 

in factual development and litigation support. 

B. Pretrial Inmate Health Care 

Pretrial detainees held in BOP institutions are provided medical care on site by BOP staff and 

contractors. The USMS is responsible for the costs associated with medical care provided in the 

local community and the transportation of 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. Should an inmate 

require more specialized care, the inmate is sent to an appropriate community facility. 

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

all institutions are wheelchair accessible. See infra, Section V - Post Conviction Issues, Medical 

Services. 

III. EVALUATION OF OFFENDER MENTAL CAPACITY 

In 1984, as part of a major sentencing reform effort, Congress enacted comprehensive provisions 

addressing the evaluation and treatment of mentally ill offenders. Title 18 U.S.C. Chapter 313, 

§§ 4241-4247, describes necessary judicial procedures which must be followed when an offender 

appears to be, or is, currently suffering from a mental disease or defect. See 28 C.F.R pt. 549, 

subpt. C; Program Statements 5310.12, Psychology Services Manual; 5310.13, Mentally Ill 

Inmates, Institution Management of; 6010.03, Psychiatric Evaluation and Treatment; and 6340.04, 

Psychiatric Services. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act), Pub. 

L. No. 109-248, provides for the civil commitment of a sexually dangerous person subsequent to 

the completion of the term 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. 

Evaluations may be performed by an outside (non-BOP) psychologist or psychiatrist by 

specifically designating that condition in the Study order. If the defendant is housed in a BOP 

facility, a judge may designate in the order that an outside psychologist or psychiatrist be admitted 

into the facility to conduct the examination. If the defendant is housed in a local non-BOP facility, 

a judge may simply designate in the order that an outside psychologist or psychiatrist be admitted 

into that local non-BOP facility to conduct the examination. The designated mental health 

professional must contact the institution in advance to arrange admission into the facility to 

examine the inmate and avoid unnecessary delays. A court-ordered study conducted by a 

community psychologist or psychiatrist is a far quicker and less costly process. If an MRC 

placement is required, the statutory timeline does not begin until the inmate is received at the 

designated facility for evaluation. 

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). BOP has specially trained forensic psychologists and limited psychiatric 

resources, so such evaluation orders should reference a psychological evaluation or a psychiatric 

evaluation but only when absolutely necessary. 

 
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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 BOP strongly encourages the court to have the initial § 

4241 evaluation conducted by outside non-BOP mental health professionals. This can be 

accomplished by designating the outside specialist in the study order. 

Following the hearing, if the court finds by a preponderance of the evidence that the defendant 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, restoration of competency will result. See 18 U.S.C. § 4241(d)(1).2

An additional commitment period may be ordered if the charges have not been disposed of, and 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 prosecuting attorney, after receiving notice that the defendant 

intends to rely upon the defense of insanity, may ask the court to order the defendant to undergo a 

psychological or psychiatric examination. Similar to a § 4241 study as described above, the § 4242 

study may be conducted locally or, where incarceration is deemed necessary, at a BOP facility. 

After the issue of insanity has been raised, the fact finder is required to reach a special verdict of 

guilty; not guilty; or not guilty only by reason of insanity. 

When an offender has been found not guilty only by reason of insanity, a hearing will be conducted 

no later than 40 days after the special verdict. See 18 U.S.C. § 4243(c). At the hearing, a person 

 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, in some circumstances, involuntarily administer 

antipsychotic 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).
6 

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. 

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. 

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. 
7 

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: 

Hospitalization of a 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 

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 

The Walsh Act, also known as the Sex Offender Registration and Notification Act (SORNA), 
8 

enacted at 42 U.S.C. § 16911, provides for the civil commitment of sexually dangerous persons. 

Title 18 U.S.C. § 4248 provides that the BOP may institute proceedings by certifying that a person 

is sexually dangerous. A sexually dangerous person (SDP) is defined in §4247(a)(5) as one “who 

has engaged or attempted to engage in sexually violent conduct or child molestation and who is 

sexually dangerous to others.” Pursuant to § 4247(a)(6), a person is considered sexually dangerous 

to others if he “suffers from a serious mental illness, abnormality, or disorder as a result of which 

he would have serious difficulty in refraining from sexually violent conduct or child molestation if 

released.” The Walsh Act requires the BOP to determine if an inmate being released is sexually 

dangerous, and to submit certification to the district court where the person is confined, to 

determine if civil commitment is necessary. 

The BOP Sex Offender Certification Review Branch (SOCRB) oversees the civil commitment 

process. SOCRB reviews the assignments of all inmates prior to release, to ascertain whether there 

is any history of relevant conduct. For inmates with a record of attempted or actual sexual violence 

or child molestation, an assessment is made of empirically-based static and dynamic risk factors. 

Psychological and legal records are also examined. Consideration is given to a wide range of 

factors including criminal history, social and family support, mental and physical health, 

institution conduct, and other data. The Certification Review Panel (CRP) is tasked with making 

the final certification determination. Should the CRP find that an individual is an SDP, 

certification may delay the inmate's release. A District Court judge in the federal jurisdiction in 

which the offender is held will conduct a hearing and determine the merits of the CRP finding. If 

the court concurs with the CRP determination, the inmate is placed in the custody of the Attorney 

General as a civil commitment, and is then held indefinitely. Efforts are then made to secure 

placement with the individual's state of residence. If those efforts are unsuccessful, the inmate will 

remain in the BOP as a resident in the Commitment and Treatment Program (CTP) until such time 

as the court of commitment determines the individual to be no longer sexually dangerous. 

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 offenses were 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. Sections 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 
9 

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 is appropriate 

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

facility in which the inmate is housed. 

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, 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). The BOP makes 

available to the courts federally-contracted Residential Reentry Centers (RRCs). 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.
10 

2. Intermittent Confinement 

Weekend terms and other forms of intermittent confinement may be imposed as a special 

condition of probation or supervised release. See 18 U.S.C. § 3563(b)(10). Ordinarily in these 

instances, the respective BOP Residential Reentry Management office will coordinate the 

assignment of an appropriate non-BOP detention facility, and the United States Probation Office 

will monitor the defendant's period(s) of intermittent confinement. 

3. Home Detention

Federal sentencing guidelines (USSG 5C1.1) allow home detention as a condition of probation or a 

condition of supervised release as a substitute for imprisonment in certain instances. Title 18 

U.S.C. § 3624(c)(2) allows for pre-release custody of an inmate in home confinement, discussed 

below in section K, Pre-Release Custody. Ordinarily, inmates on home detention are electronically 

monitored through services contracted by the Administrative Office of the United States Courts. 

The BOP is not involved in the post-release home detention program for probationers or 

supervised releases. 

 

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 (PSR), Judgment in a Criminal Case (J&C), and Statement of 

Reasons (SOR) after sentencing. These documents are crucial to BOP staff decision-making to 

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

programs, and subsequent pre-release preparation. The PSR and SOR contain sensitive 

information regarding an inmate’s social contacts and criminal history, and are not permitted to be 

retained in the possession of the inmate. Inmates may request to review these documents, 

maintained in the Inmate Central File, by submitting a request for staff. 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, which may house an offender of any security level. Institution security levels are 

determined by various factors including type of perimeter security, number of towers or external 

patrols, detection devices, security of housing areas, type of living quarters, and level 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 
11 

or to a privately-run facility for a number of reasons, for example, should the individual present 

special management problems, require protection, or if his or her notoriety precludes incarceration 

in any BOP facility. 

3. Juvenile Offenders

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

Act (JJDPA), codified at 18 U.S.C. §§ 5031-5042. See 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 in a Criminal Case (J&C) 

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

Criminal Case (formerly, Judgment and Commitment Order, or J&C) of the federal courts, as 

follows. 
12 

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

Specialized Program 

The BOP has sole authority to designate the place of confinement for federal prisoners. See 18 

U.S.C. § 3621(b). By statute, the BOP is required to consider the resources of the facility, the 

nature and circumstances of the offense, the history and characteristics of the prisoner, 

recommendations of the court, and guidance issued by the USSC. Initial designation decisions and 

decisions to transfer prisoners from one facility to another are ultimately the responsibility of the 

BOP and are made in accordance with Program Statement 5100.08, Inmate Security Designation 

and Custody Classification. The J&C may indicate the sentencing court’s recommendation to 

house the inmate in a specific institution, geographic area, or specialized program. While every 

effort is made to comply with the court’s recommendation, conflict with BOP policy and sound 

correctional management may prevent honoring the court’s recommendation. 

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

agreement or promised to any criminal defendant. This is particularly important when defendants 

carry both state and federal sentences, as complex issues arise over which sovereign has priority to 

implement its sentence. 

2. Sentence Calculation 

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

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 includes Program Statements 5880.28, Sentence Computation Manual (CCCA of 

1984); 5880.30, Sentence Computation Manual ("Old Law"-Pre-CCCA-1984); 5880.33, District 

of Columbia Sentence Computation Manual; and 5110.16, Administration of Sentence for 

Military Inmates. Specific questions related to sentence calculation should be directed to the 

DSCC, telephone (972) 352-4400; e-mail at GRA-DSC/PolicyCorrespondence&AdminRemedies. 

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). However, inmates are required to 

exhaust the administrative remedy process within the BOP prior to seeking judicial relief. See 

Program Statement 1330.17, 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 conflict. 

3. Commencement of a Term of Imprisonment
13 

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 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 

5880.33, 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 5270.09, Inmate Discipline Program. 

In light of the specific sentence credit applications involved, sentencing courts must be very 
14 

specific in wording the J&C. For example, 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. 

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." Barber v. Thomas, 

560 U.S. ___ , 130 S. Ct. 2499 (2010). 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). 

The Bureau's interpretation and application of its method of calculating 54 days sentence credit 

was upheld by the United States Supreme Court in Barber v. Thomas. 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. No. 

110-117, 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 to cover 

the costs of confinement. Should the court wish, the BOP will furnish the court with the average 
15 

cost of confinement at all facilities, 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 a BOP facility for Fiscal Year 2013 was $29,291.25; in an RRC, that cost was 

$26,612.15. 

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 may encourage offenders to become responsible members of the community. 

7. Inmate Financial Responsibility Program

To assist in the collection of court-ordered financial obligations, the BOP operates the Inmate 

Financial Responsibility Program (IFRP) in conjunction with the Administrative Office of the 

U.S. Courts. See 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, while voluntary, 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 funds in their inmate 

accounts, including funds from outside resources and pay from work in the institution, or a 

combination of the two. 

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

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

medical reasons. See Program Statement 5251.06, Inmate Work and Performance Pay. 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. 

The sentencing court can require inmates to pay fines and special assessments as part of the 

judgment. If the court either orders that these financial obligations are “due immediately,” or if the 

J&C is silent as to when they are due, then the BOP will collect those fines and special assessments 

through the IFRP. In the latter case, 18 U.S.C. § 3572(d) requires “immediate” payment. 

 
16 

If the sentencing court orders a defendant to pay restitution under the Mandatory Victim 

Restitution Act of 2006 (MVRA), Pub. L. 113-65, codified at 18 U.S.C. § 3663A, as part of the 

judgment, most circuits have also held that the court must also set out a schedule of payments for 

that restitution. One circuit has held that the BOP may not use the IFRP to collect payments toward 

an MVRA restitution order, unless the order also includes such a schedule. As a result, if the 

sentencing court intends that the defendant make payments toward restitution while imprisoned, 

then the J&C should contain specific language, such as “while serving the sentence of 

imprisonment, the defendant must make payments toward the restitution obligation at the rate of 

no less than $25.00 per quarter.” 

Regardless of the type of financial obligation ordered in the J&C, the court should avoid 

ambiguous language such as “payments as directed by BOP.” Such statements are ordinarily 

construed as an improper delegation of judicial authority and could result in the exclusion of the 

restitution award from the amounts collected by the BOP under the IFRP. The J&C should either 

specify that the financial obligation is “due immediately,” or the J&C should remain silent as to 

when due. 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 nonparticipation in the IFRP. The CLC attorney should be consulted to provide assistance in properly 

wording the J&C to reflect the court’s intention.

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, subpt. B, and Program Statement 5100.08, Inmate Security 

Designation and Custody Classification. 

The DSCC is responsible for initial custody classification, designation, assignment of BOP 

management variables and public safety factors, and all sentence calculation. The DSCC is not, 

however, responsible for assignment to, or transfer of, inmates from their designated institution to 

an RRC for § 3624(c) pre-release purposes. Subsequent to the inmate’s designation to an 

institution, institution staff members are responsible for the security and custody classification of 

the inmate. 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 selfsurrender, the USMS will arrange for transportation of the inmate to the designated institution. 

See Program Statement 5100.08, Inmate Security Designation and Custody Classification. 

Designation decisions take into account a number of factors including the level of security and 
17 

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

provides. Other considerations include matching the medical care needs of an inmate with the 

level of care provided by 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 will affect the designation, including 

institution current bed space capacity, proximity to the inmate home location, judicial 

recommendations, separation needs, and security measures required to ensure the safety of 

victims, witnesses, and the general public. 

 2. DNA Collection 

In accordance with 42 U.S.C. § 14135(a)(1)(A)(5), 28 C.F.R. pt. 28, subpt. B, and Program 

Statement 5311.01, Inmate DNA Sample Collection Procedures, the BOP collects DNA 

(deoxyribonucleic acid) samples from all federal inmates, usually obtained through buccal 

collection. DNA samples collected from individuals or derived from crime scene evidence are 

analyzed to produce DNA profiles that are entered in the FBI Combined DNA Index System. 

DNA profiles assist in identifying offenders; excluding innocent persons; solving past and future 

crimes; and combating recidivism through inclusion in the database. Inmates who refuse to 

provide a DNA sample are counseled regarding their lawful obligation and the consequences of 

non-compliance, which may include progressive administrative sanctions and criminal 

prosecution.

3. Transportation to a Designated Institution

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

the USMS, 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. 

4. 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 Program Statement 5800.15, Correctional 

Systems Manual. 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 5800.15 delineates the appropriate 
18 

procedures for a jurisdiction to obtain custody of an inmate with a detainer lodged by a member 

state. See Program Statement 5875.12, Transfer of Inmates to State Agents for Production on 

State Writs. 

5. Central Inmate Monitoring System

The BOP monitors and controls the transfer, temporary release on writ, and community activities 

of certain inmates who present special management needs or security concerns. See Central 

Inmate Monitoring System, 28 C.F.R. pt. 524, subpt. F; Program Statement 5180.05, 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. CIM inmates may include, among others, 

persons whose incarceration generates public notoriety; individuals who have cooperated with law 

enforcement authorities; inmates who have made threats against government officials, and inmates 

identified as gang members. While in custody, an offender may require separation from other 

inmates stemming from such events that either preceded confinement, or occurred during 

incarceration. Accordingly, procedures such as a separation assignment have been developed to 

ensure the safety of such individuals. If deemed necessary, such a classification may continue 

throughout the period of incarceration. 

6. Communication Management Units 

The BOP operates two Communication Management Units (CMUs), located at FCI Terre Haute, 

Indiana, and at USP Marion, Illinois. CMUs were established in 2006 and 2008, respectively, to 

house inmates who, due to their current offense of conviction, offense conduct, or other verified 

information, require increased monitoring of communications between the inmate and persons in 

the community to protect the safety, security, and orderly operation of the BOP and to protect the 

public. Inmates designated to the CMU may have been convicted of, or associated with, terrorism 

or terrorist organization, repetitively attempted to contact their victims; and/or attempted illegal 

activities through approved communication methods and/or received extensive disciplinary action 

due to misuse of approved communicating methods. 

The CMU is a general population unit, with access to customary inmate activities, such as 

recreation, religious services, and education programming. All communications, however, are 

subject to increased monitoring. All incoming and outgoing general correspondence is reviewed 

by staff prior to delivery to the inmate or delivered for mailing through the U. S. Postal Service. 

Telephone communication and social visits are limited, live-monitored by staff; and must occur in 

only in English unless conducted through simultaneous translation monitoring. 

 
19 

7. Special Management Units 

This initiative, as detailed in Program Statement 5217.01, Special Management Units, was 

implemented to enhance the agency's ability to manage some of the most disruptive and 

problematic inmates in the BOP. The Special Management Units (SMUs) provide a controlled and 

restrictive environment for inmates who exhibit behavior that is violent, confrontational, can 

extremely disruptive to the orderly running of the institution. Inmates participating in disruptive 

behavior, gang activity, introduction of drugs, weapons, and cell phones may be referred to an 

SMU. SMU designation is non-punitive, and while conditions of confinement are more restrictive 

than for general population inmates, the inmate may earn increased privileges by progressing 

through the four-level SMU program, at which time they are eligible for redesignation to the 

general population. 

B. Admission and Orientation Program for Inmates

Every inmate designated to a BOP institution is required to participate in the Admission 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 activities described in greater detail below. 

1. Education and Recreation Programs

The BOP is committed to providing inmates, within a secure environment, with opportunities to 

gain skills needed for successful reentry to the community. 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 , and Program Statement 1315.07, Legal 

Activities, 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- 
20 

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. pt. 544, subpt. H. Should an 

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

some Good Conduct Time if governed by that statutory provision. Upon completion of the 240 

hour course, an inmate may choose to end participation in adult literacy classes. However, to 

encourage the inmate to participate in such programs until earning the GED, incentive awards are 

available. Work pay and Good Conduct Time potential are limited for inmates who choose to 

discontinue program participation without obtaining a GED. 

 

The Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA), Pub. L. No. 103-322, 

enacted on September 13, 1994, mandates that an inmate with a date of offense on or after 

September 13, 1994, but not before April 26, 1996, lacking a high school diploma or GED 

credential, must participate and make satisfactory progress in the literacy program in order to vest 

earned Good Conduct Time. The Prison Litigation Reform Act of 1995, (PLRA), Pub. L. No. 

104-134, enacted April 26, 1996, provides that in determining Good Conduct Time awards, the 

BOP shall consider whether an inmate with a date of offense on or after April 26, 1996, who lacks 

a high school diploma or GED, participates in and makes satisfactory progress in the literacy 

program, in order to be eligible to earn the maximum amount of Good Conduct Time. A foreign 

national, who is subject to a final confirmed order of removal, deportation, or exclusion, is exempt 

from the satisfactory progress requirement of the literacy program provisions of VCCLEA and 

PLRA. See 28 C.F.R. pt. 523, subpt. C. 

BOP programming emphasizes reentry skills, offering a variety of programs for self-improvement, 

including occupational training, resume writing, job fairs, and parenting skills. Recreation 

programs encourage inmates to make constructive use of leisure time, with both group and 

individual activities. Physical fitness and wellness programs, such as nutrition and weight control, 

are provided during non-working hours to promote positive lifestyle changes. See 28 C.F.R. pt. 

544, subpt. D, and pt. 553, subpt. B, and Program Statement 5370.11, Recreation Programs, 

Inmate. Hobby craft programs vary from institution to institution, and may include painting, 

leather crafts, artwork, and ceramics. Completed projects are mailed home, as inmates are not 

permitted to retain completed projects in their possession.

2. Religious Programs 

Title 28 C.F.R. pt. 548, subpt. A, 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. Group worship is conducted when security conditions permit. 

All institutions provide an opportunity for individual worship. 

 
21 

3. Food Service

BOP offers nutritionally balanced, appetizing meals. Special Food and Meals, 28 C.F.R. pt. 547, 

subpt. C and Program Statement 4700.06, Food Service Manual, provide that medical diets be 

available to inmates who require such diets. All inmates, except those on medical or religious 

diets, are served the same meals in a dining room setting when consistent with the security and 

orderly operation of the institution. Staff dining rooms serve the same meals offered to inmates. 

In addition, inmates with religious dietary requirements may apply for the religious diet program, 

designed to address the dietary restrictions of a variety of different faith groups. Meatless food 

options are offered as a component of the religious diet program. See Program Statement 

5360.09, Religious Beliefs and Practices. 

The BOP follows a standardized menu. The National Menu is designed not only to bring 

consistency to BOP Food Service operations, but also to ensure Heart Healthy options are 

available to increase the ability to prevent and manage chronic health issues of our inmate 

population. Heart Healthy options, with lower fat and sodium levels, are available and the Warden 

at any institution may choose to serve only the Heart Healthy food options at select meals. High 

security institutions may modify the National Menu to address security concerns.

4. Work Programs and UNICOR

All federal inmates are required to work with the exception of those who for security, educational, 

or medical reasons are unable to do so. See Inmate Work and Performance Pay Program, 28 

C.F.R. pt. 545, subpt. C; Program Statement 5251.06, Inmate Work and Performance Pay. An 

institution work day is ordinarily seven hours. Most inmates are assigned to an institution job such 

as food service worker, orderly, plumber, painter, warehouse worker, or groundskeeper, earning 

12 cents to 40 cents per hour. 

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

UNICOR, employs over 13,000 inmates. In accordance with statutory mandates, UNICOR (1) 

provides employment and industrial skills training to as many inmates as possible; (2) produces 

market-priced, quality goods for federal government customers; (3) operates in a self-sustaining 

manner; and (4) minimizes its impact on private business and labor. See 18 U.S.C. § 4122. 

UNICOR job wages currently range from $0.23 cents to $1.15 per hour. Inmates may also earn 

bonus pay for outstanding work performance. See Program Statements 8120.02, Work Programs 

for Inmates, FPI; 8000.01, UNICOR Corporate Policy and Procedures. 

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 and Procedures; 8120.02, Work Programs for Inmates, FPI. 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. No. 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 
22 

comparable, then the federal purchaser may procure the product through a competitive solicitation, 

provided that UNICOR is given an opportunity to compete. UNICOR also provides a variety of 

services on a competitive basis. 

5. Inmate Accident Compensation 

Inmates are not federal employees and are not subject to the Fair Labor Standards Act or 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 1600.09, Occupational Safety, Environmental Compliance, 

and Fire Protection. 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 and is the exclusive remedy for subsequent medical care of work-related injuries. Inmates 

may not recover damages in tort for work-related injuries. See Federal Tort Claims Act, 28 U.S.C. 

§ 2671, et seq.; United States v. Demko, 385 U.S. 149 (1966). 

(a) Lost-Time Wage Program 

Inmates injured in the course of performing their work assignments, and who are 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. pt. 301 

subpt. B, an Institution Safety Committee oversees the Lost-Time Wage Program. A lost-time 

wage payment continues until the inmate is released, transferred to another 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 1330.17, 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. pt. 301, subpt. C. 

6. Female Offenders 

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

co-located with male units. However, all housing units and activities are separate. Appropriate 
23 

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 genderresponsive. See Program Statement 5200.01, Female Offenders, Management of. 

The designation and classification system for female offenders acknowledges empirical evidence 

that female offenders are less likely to be violent or attempt escape. Bed space 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 28 C.F.R. pt. 551, subpt. C, and Program Statement 

6070.05, Birth Control, Pregnancy, Child Placement and Abortion. Each female offender having 

child bearing potential is medically screened for pregnancy upon admission, and is instructed to 

inform medical staff should she suspect she may be pregnant, so that pre-natal care may be 

immediately provided. Childbirth typically takes place at a community hospital. 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. 

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 may remain at the residential program for a period 

after birth, to provide 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 5280.09, Inmate Furloughs. Designation to the MINT program is in accordance with 

Program Statement 7310.04, Community Corrections Center (CCC) Utilization and Transfer 

Procedures. 

(b) Abortion

In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court decided that a woman has a fundamental 

right of privacy to choose to terminate her pregnancy. The Court has also made clear, however, 

that the exercise of such a choice need not be carried out through the use of federal funds. See 

Rust v. Sullivan, 500 U.S. 173 (1991). 

Pursuant to 28 C.F.R. pt. 551, subpt. C, and 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 
24 

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. Whether or not the BOP pays for the abortion, the BOP may expend funds to 

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

7. Substance Abuse Treatment

Drug abuse education and substance abuse treatment is available in each institution. See Program 

Statement 5330.11, Psychology Treatment Programs. Inmates identified with a history of drug 

use, a judicial recommendation for treatment, a violation of supervision related to drug use, or an 

instant offense related to drug use, are required to take the BOP's drug abuse education course. 

Inmates who are found to have a drug use problem are also referred for nonresidential drug abuse 

treatment. 

At the end of FY 2013, the BOP had residential drug abuse programs (RDAP) at 81 facilities, 

including one for Spanish-speaking male inmates, and one for Spanish-speaking female inmates, 

to address the needs of inmates with a diagnosis of substance abuse or dependence based on the 

American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. Dual 

Diagnosis RDAP programs have been developed to address the needs of inmates with a 

co-existing substance abuse and mental health diagnosis. RDAP participation includes a program 

incentive of early release of up to one year sentence reduction for an eligible inmate's sentence in 

accordance with VCCLEA, 18 U.S.C. § 3621 (e) (2). Successful completion of RDAP requires the 

participant to receive no less than 120 days of community-based treatment by licensed providers 

during his or her residence in an RRC or on home detention. To receive the program incentive, the 

inmate must successfully complete RDAP and must also satisfy the eligibility requirements 

provided in 28 C.F.R. pt. 550, subpt. F, and Program Statement 5331.02, Early Release Procedures 

under 18 U.S.C. § 3621(e). In all cases, however, the award of a sentence reduction is at the 

discretion of the BOP. 

The BOP's drug abuse treatment strategy parallels community drug abuse treatment regimens 

differentiating between residential treatment (RDAP) and out-patient treatment (non-residential 

treatment). This approach allows the BOP to provide the intensity of treatment appropriate for the 

needs of inmates with a history of substance abuse. 

. 

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 very effective tool in 

detecting drug use in the institution. Inmates involved in community activities are routinely tested 

for the use of illegal drugs, and inmates are tested based on individualized suspicion of 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, or who refuses to submit to such a test, is 

subject to sanction, including the loss of early release earned through successful RDAP 

completion. 
25 

Any visitor or staff member found to be introducing illegal drugs or other contraband into an 

institution is immediately subject to arrest. See 18 U.S.C. §§ 1791, 3571, 28 C.F.R. pt. 511, and 

Program Statement 5510.15, Searching, Detaining, or Arresting Visitors to Bureau Grounds and 

Facilities. By entering or attempting to enter BOP grounds or facilities, the individual has 

consented to search of his person and his belongings. A visitor who refuses to comply with 

authorized search procedures will be denied entry or be required to leave. 

 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 6031.03, 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. 

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

BOP carefully considers the offender’s health status. As the BOP provides extensive medical 

services, a defendant’s medical condition generally will not preclude a sentence to BOP custody. 

When serious health concerns are an issue in a designation decision, the DSCC will refer the case 

to the BOP’s Office of Medical Designations and Transportation (OMDT). A specific institution is 

designated with attention to the urgency of medical need; institution capability; current bed space 

availability; and security concerns. BOP facilities are classified by the intensity level of health care 

resources. 

Each inmate is assigned a medical “Care Level,” based on his or her medical history as described 

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

Care Level system 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, 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. 
26 

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 OMDT, as the medical need of the inmate is 

the primary factor in the designation decision. 

(b) Medical Referral Centers

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

Level. Six federal medical referral centers (FMCs) provide specialized health services: 

FMC Butner, North Carolina

Located north of Raleigh, FMC Butner is part of the Federal Correctional Complex (FCC) 

and serves as a major medical and psychiatric referral center for male inmates. FMC 

Butner has all specialty areas of medicine and is the primary referral center for oncology, 

providing chemotherapy and radiation therapy. FMC Butner manages a broad range of 

subacute and chronically ill inmates and an orthopedic surgery program is available. 

Dialysis services are provided on-site. 

FMC Carswell, Fort Worth, Texas 

Located in Fort Worth in the northeast corner of the Naval Air Station, Joint Reserve Base, 

FMC Carswell serves as the major medical and psychiatric referral center for female 

inmates. All specialty areas of medicine are available at FMC Carswell, through in-house 

staff and community-based consultant specialists. 

FMC Devens, Massachusetts

Located in central Massachusetts, northeast of Worcester, FMC Devens serves both 

medical and mental health care needs of male inmates. All specialty areas of medicine 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 with end-stage renal failure. 
27 

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. 

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. 

(c) Voluntary Mental Health and Medical Treatment

In accordance with Program Statements 6031.03, 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 Care Level, 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 
28 

commissary. See Program Statement 6541.02, Over-the-Counter Medications. Generally, inmates 

may keep prescribed medications within their possession. Controlled medication is individually 

dispensed by medical staff. 

(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 in preparation for release. The BOP has adopted a multi-faceted program of 

testing, treatment, and education, and the rate of HIV (human immunodeficiency virus), 

tuberculosis (TB), and other infectious diseases in the inmate population does not significantly 

differ from that in the community. All sentenced inmates are tested for HIV on initial admission, 

when clinically indicated, and on request of the inmate at the discretion of staff. 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, HIV-positive inmates who demonstrate 

predatory or promiscuous behavior may be isolated in order to protect other inmates from 

becoming infected. The BOP also maintains an active program to control and treat contagious TB. 

Each inmate is required to undergo TB screening within two calendar days of initial incarceration. 

Inmates who are free from prior TB infection are screened annually for newly-acquired TB 

infection, and when clinical staff determines 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; 6010.02, Health Services Administration; 6340.04, 

Psychiatric Services; 5310.13, Mentally Ill Inmates, Institution Management of; and 6010.03, 

Psychiatric Evaluation and Treatment. 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. Psychiatric medication is used only for a diagnosed psychiatric disorder for which 

such medication is the most appropriate treatment. See 28 C.F.R. pt. 549, subpt. C; Program 

Statement 6010.03, Psychiatric Evaluation and Treatment. 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. 

 (a) Involuntary Mental Health Treatment

The Supreme Court has held that the Due Process Clause permits prison officials to involuntarily 
29 

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 be made by the trial court); 

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

Program Statement 6010.03. Such treatment is permissible after the inmate has received notice and 

a hearing before an administrative panel.3 In a psychiatric emergency, psychotropic medication 

may be 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

Psychology staff is available at all institutions to provide inmates with counseling and other mental 

health services. Staff facilitate ongoing counseling programs, conduct personal crisis intervention, 

and are readily accessible to inmates as needed. Staff or contract psychiatrists 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 may 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 BOP 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. Inmates with a history of sexual offenses may be designated to the 

Sex Offender Management Program (SOMP), at one of eight institutions. A residential program is 

located at FMC Devens. Non-residential programs are located at FCI Elkton, FCI Englewood, 

USP Marion, FCI Marianna, FCI Petersburg, FCI Seagoville, USP Tucson, and at FMC Carswell 

for female inmates. Assignment is made in accordance with the security level of the individual. 

 3

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. pt.549, subpt. C.
30 

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

non-residential (SOTP-NR), offered at all SOMP institutions. The SOTP-NR is designed to meet 

the treatment needs of low and moderate risk sexual offenders. SOTP-NR offers inmates 

individualized non-residential treatment, ordinarily involving six to eight hours of programming 

per week, over a nine-month period. 

Male inmates at any BOP institution may volunteer for an intensive residential sex offender 

treatment program (SOTP-R), offered at FMC Devens. Placement in the SOTP-R is reserved for 

high risk sexual offenders, based on the extent and seriousness of the inmate's offending history. 

The SOTP-R is a therapeutic community, housed in a 112-bed specialized unit. The program 

employs a wide range of cognitive-behavioral therapies 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 informs tribal, state, and local law enforcement agencies of the release of a sex offender, and 

notifies the released inmate of his or her legal obligation to register with local authorities, as 

required by the Sex Offender Registration and Notification Act (SORNA), enacted as part of the 

Walsh Act. The 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. 

 

(d) Implementation of the Prison Rape Elimination Act of 2003 

The Prison Rape Elimination Act of 2003 (PREA), Pub. L. No. 108-79, was enacted by Congress 

to address sexual abuse of offenders to include all public and private institutions housing adults 

and juveniles, as well as in community-based facilities. Pursuant to 28 C.F.R. pt. 115, and Program 

Statement 5324.11, Sexually Abusive Behavior Prevention and Intervention Program, the BOP 

maintains a zero tolerance approach to prison rape. The BOP has implemented PREA by 

prevention planning; training and education of staff, volunteer, contractors, and inmates; screening 

for risk of sexual victimization and abusiveness; and insuring that any incident is reported, 

investigated, and that perpetrators are effectively disciplined. Inmates are encouraged to report 

sexual abuse to a staff member, and to inform staff if the inmate has witnessed sexually abusive 

behavior. BOP staff keep reported information confidential, discussing the case with officials only 

on a need-to-know basis, and only for law enforcement or investigative purposes. 

Should an inmate not feel comfortable talking with staff, inmates are instructed to use special mail 

procedures and write directly to the Warden, Regional Director, or Director. An inmate may send 

an e-mail directly to the Office of the Inspector General of the Department of Justice if he or she 

wishes to do so. Every allegation is investigated and staff take appropriate steps to both safeguard 

inmates and to prosecute perpetrators. 

(e) Treatment of Inmates with Gender Dysphoria 

Part of the implementation of PREA is increased sensitivity to the needs of the transgendered or 

intersex inmate. An inmate with a possible diagnosis of Gender Dysphoria (GD), will receive 
31 

thorough medical and mental health evaluations from medical professionals. An inmate will not 

be physically examined for the sole purpose of determining the inmate’s genital status. See 28 

C.F.R. pt. 115(3) and Program Statement 5324.11. If an inmate’s genital status is unknown, staff 

may review medical records, converse with the inmate, or if necessary, be ascertained as part of a 

broader medical examination. Program Statement 6031.03, Patient Care, provides that the inmate 

with a diagnosis of GD will receive a proposed treatment plan to promote the physical and mental 

stability of the patient. The treatment plan may include elements or services that were, or were not, 

provided prior to incarceration. Treatment plans will be reviewed regularly and updated as 

necessary. Each treatment plan or denial of treatment will be reviewed by the BOP Medical 

Director of the BOP Chief Psychiatrist, and hormone therapy may be a consideration. Inmates will 

receive a current individualized assessment and evaluation. No treatment option is precluded 

solely due to the level of services that an inmate received, or did not receive, prior to incarceration. 

D. Visiting, Telephones, and Correspondence

1. Visiting

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

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

family and friends in the institutions’ general visiting room area. Attorney visits are afforded as 

much privacy as possible to ensure confidentiality. See Program Statement 5267.08, Visiting 

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

and procedures. Inmates receive this information during the admission and orientation (A&O) 

process, so they can advise family members and others of the visiting requirements. Visitors 

should also 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 for 

visiting. However, staff may allow a pretrial inmate special visits to protect the inmate’s business 

interests, or to help prepare for trial. See 28 C.F.R. pt., subpt. J, 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 on security concerns, institutions may restrict visitation. An inmate’s visiting 

privileges may be withheld as a disciplinary sanction. 

2. Telephones

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

Telephone Regulations for Inmates, 28 C.F.R. pt. 540, subpt. I, and Program Statement 5264.08, 

Inmate Telephone Regulations. 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. 
32 

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

each inmate telephone advising that calls are monitored. Use of the telephone constitutes consent 

to the monitoring of calls. Ordinarily, calls are paid for by the inmate, but in some cases the 

receiving party pays. See 28 C.F.R. pt. 540, subpt. J. 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 possession or use of cellphones or electronic communication devices. 

Any such possession or use is grounds for disciplinary action and possible criminal prosecution.

3. Written and Electronic Correspondence

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

incarceration. See 28 C.F.R. pt. 540, subpt. B, and Program Statement 5265.14, 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. 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. Consult 

Program Statement 5265.14 for detailed discussion of “general” and “special” mail procedures. 

Inmates are not permitted use of express mail services. 

All BOP facilities provide eligible inmates with the capability to send and receive electronic 

messages using dedicated BOP computers. See Program Statement 5265.13, Trust Fund Limited 

Inmate Computer System (TRULINCS)-Electronic Messaging. TRULINCS is funded entirely by 

the Inmate Trust Fund, which is maintained by profits from inmate purchases of commissary 

products and telephone services, and the fees inmates are pay for using TRULINCS. Inmates 

have no access to the Internet. As with traditional mail communication, all such messages are 

subject to staff monitoring, including an inmate's electronic communication with his or her 

attorney. Message content is subject to the same restrictions 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 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 28 C.F.R. pt. 

540, subpt. F, and Program Statement 5266.11, 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, 

and will reject publications which are found to meet that criteria. 

E. Inmate Discipline Procedure
33 

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, the possible range of sanctions for each offense, and disciplinary procedure. 

Violation of a prohibited act carries sanctions corresponding to the severity of the offense. 

Sanctions may include time in disciplinary segregation, loss of good time credits, and loss of 

privileges. See 28 C.F.R. pt. 541, subpt. A, and Program Statement 5270.09, Inmate Discipline 

Program. 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. An inmate is 

not permitted a staff representative nor to call witnesses at a Unit Discipline Committee (UDC) 

hearing, but may present documentary evidence. However, at a Discipline Hearing Officer (DHO) 

hearing, the inmate may request a staff representative and may have witnesses appear at the 

proceeding. An attorney may not represent the inmate at either hearing. Inmates may appeal the 

decision of the UDC or the DHO through the Administrative Remedy program. See 28 C.F.R. pt. 

542, subpt. B, and Program Statement 1330.17, 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 28 C.F.R. pt. 543, and Program 

Statement 1315.07, Legal Activities, Inmate. 

1. Law Libraries 

All federal prisons maintain electronic 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 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 5266.11, 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 28 C.F.R. pt. 543, subpt. B, and Program Statement 1315.07. Inmates ordinarily 

have access to photocopying machines, typewriters, and office supplies. For safety, security, and 
34 

fire hazard reasons, inmates are limited in the amount of legal materials they may possess. See 

Program Statements1315.07, and 5580.08, Inmate Personal Property. 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. pt. 543, subpt. B, and Program Statement 1315.07, Legal Activities, Inmate; 

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

Access to Legal Resources. Attorney visiting takes 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 designed to ensure a reasonable degree of privacy. Attorney representatives, 

such as interpreters, paralegals, and private investigators, must contact the institution’s legal 

department in advance in order to complete the necessary documentation to be permitted to visit 

and inmate on behalf of an attorney. Legal visits are visually monitored, as necessary, but are not 

subject to auditory monitoring. See, 28 C.F.R. pt. 543, subpt. B, Visits by Attorneys. 

4. Legal Mail

Particular care is taken to ensure that "special mail" (mail to or from courts, attorneys, and certain 

government officials) is kept confidential. See 28 C.F.R. pt. 540, subpt D, Special Mail, and 

Program Statement 5265.14, Correspondence. Special mail from attorneys must be marked 

"Special Mail-Open only in the presence of the inmate." In addition, the sender must identify 

himself or herself on the envelope as a person entitled to invoke the protections of special mail. 

The sender’s return address must reference an individual identified as an attorney, not a firm, e.g., 

“John Doe, Attorney,” not “Law Offices of Smith & Smith.” Incoming special mail is opened in 

the 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 28 C.F.R. § 540.102 and 
35 

Program Statement 5264.08, Inmate Telephone Regulations. To do so, inmates must specifically 

request staff assistance to first approve the call, and then place the call on an unmonitored staff 

telephone. A pretrial inmate may telephone his or her attorney as often as resources of the 

institution allow. See, 28 C.F.R. pt. 551, subpt. J, Access to Legal Resources 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 CLC 

covering the institution in which the deposition is to be held, to assist in making arrangements. 

Video or tape recorders are not permitted inside the institution without the prior written permission 

of the Warden. Such requests must be processed and approved prior to scheduling a visit. Visiting 

regulations apply, and all equipment is subject to search. Leave of a court of competent jurisdiction 

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, 28 C.F.R. pt. 513, Release of Information 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. Attorney’s Office, in accordance with 28 C.F.R. pt. 16, subpt. B, Production or Disclosure in 

Federal or State Proceedings. 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 CLC 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. Wardens may require local process servers effectuating in-person service to 

be a law enforcement officer acting in that capacity, or to undergo a criminal background check. 

The prospective process server is advised to contact the CLC with responsibility for the institution 

in which the inmate is housed, for specific information. 
36 

(d) Court Appearance of an Inmate

In accordance with 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 or ad testificandum). Such transfer is at the discretion of the 

Warden. Transfers in civil cases pursuant to a writ ad testificandum 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 concerns do not preclude such a transfer. 

(e) Inmate Access to Discovery Materials

In some circumstances, an inmate may access litigation documents in various electronic formats 

other than printed form. Electronic legal materials for inmate review should be provided on a 

storage device appropriate with maintaining the safety and security of the institution. Should a 

request be received to view legal materials in a format which is not compatible with the 

configuration available at the institution, staff will advise the requestor. 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 with the opportunity to seek formal 

review of a grievance concerning virtually any aspect of his or her confinement, should informal 

procedures not achieve resolution. See, 28 C.F.R. pt. 542, subpt. B, and Program Statement 

1330.17, 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 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. No time limit is imposed upon an inmate raising allegations of 

sexual abuse through the administrative remedy system. 

If the inmate considers the issue to be sensitive, e.g., 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 
37 

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). Exhaustion is mandatory in Bivens actions. However, exhaustion in habeas 

petitions has been judicially created. Exhaustion should be encouraged; however, courts may 

waive it in cases where they believe exhaustion would have been futile. 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, 548 U.S. 81, 90-91 (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, 549 U.S. 199 (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 in private facilities 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. The appeal must 

then be filed with the Chief of the BOP’s Privatization Management Branch. 

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 28 
38 

C.F.R. pt. 553, and Program Statement 5580.08, Inmate Personal Property. 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 scheduled times. As of April 15, 2006, no tobacco 

products are sold in the Commissary, and inmates are prohibited from smoking or using tobacco in 

any form except for religious purposes as authorized by staff in accordance with Program 

Statement 5360.09. 

I. Inmate Liens 

The Court Security Improvement Act of 2007, Pub. L. No. 110-177, added additional restrictions 

to the documents an inmate may possess. Title 18 U.S.C. § 1521 establishes a criminal offense 

for filing, attempting to file, or conspiring to file, a false lien or encumbrance against the real or 

personal property of a federal judge or federal law enforcement officer. Secondly, 18 U.S.C. § 

119 establishes a criminal offense for making publicly available "restricted personal information" 

about a "covered individual" with the intent to threaten, intimidate, or incite a crime of violence 

against such persons which includes court officers, jurors, witnesses, informants, and federal law 

enforcement officers. Inmate mail which contains documents determined to be related to 

fraudulent Uniform Commercial Code (UCC) filings, redemption, and/or copyright proceedings 

may be rejected as outlined in PS 5265.14, Correspondence. If an inmate is found to found in 

possession of these types of documents or information without authorization, those items will be 

confiscated, and the inmate will be subject to inmate discipline. In addition, materials believed to 

be of a criminal nature will be reviewed to determine whether the action should be referred for 

criminal prosecution, as noted in Program Statement 1350.01, Criminal Matter Referrals. 

J. Special Administrative Measures 

1. National Security Cases, 28 C.F.R. pt. 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. 

Part 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. 
39 

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

Upon direction of the Attorney General, the Director may authorize the Warden to implement 

SAMs that are reasonably necessary to protect persons against the risk of death or serious bodily 

injury. These procedures may be implemented when there is a substantial risk that an inmate’s 

communications or contacts with persons could result in death or serious bodily injury to persons, 

or substantial damage to property that would entail the risk of death or serious bodily injury to 

persons. Initial imposition of the SAM may be for a period of time not to exceed one year. 

The Director may extend the SAM in increments of time not to exceed one year, on receipt of 

written notification from the Attorney General that certification was received by the Attorney 

General from law enforcement or the intelligence community that there continues to be a 

substantial risk that the inmate’s communications or contacts with other persons could result 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. 

K. 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 28 C.F.R. pt. 570, subpt. C, and subpt. D; and Program 

Statements 5280.09, Inmate Furloughs, and 5538.05, 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 without an escort 

from the BOP, the USMS, or other federal or state agent. See Program Statement 5280.09. For 

federal inmates whose offense occurred on or after November 1, 1987, 18 U.S.C. § 3622 vests the 

BOP with the sole authority to grant furloughs. For offenses committed prior to November 1, 

1987, 18 U.S.C. § 4082 provides the authority for furloughs. The BOP 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. 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 a person or whose 

presence in the community could attract undue public attention, or undermine the seriousness of 
40 

the offense. An inmate may appeal denial of a furlough application through the Administrative 

Remedy Program. 

2. Escorted Trips

The BOP provides approved inmates with staff-escorted trips into the community for such 

purposes as receiving medical treatment not otherwise available at the institution, visiting a 

critically ill member of the inmate's immediate family, attending a funeral, or participating in a 

community program or work-related function. See Program Statement 5538.05, Escorted Trips. 

Escorted trips fall into one of two categories, medical and non-medical. The need for an escorted 

trip may arise unexpectedly (e.g., to visit a critically ill family member) or may be planned 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. An inmate may appeal denial of an escorted trip application 

through the Administrative Remedy Program. 

L. 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 a 

sentence of imprisonment, 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. 

Upon 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, 28 C.F.R. pt. 1, Executive 

Clemency; 28 C.F.R. pt. 571 subpt. E, Petition for Commutation of Sentence; 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 
41 

issued by the Sentencing Commission.” See 28 C.F.R. pt. 571, subpt. G, Compassionate Release 

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

Statement 5050.49, Compassionate Release/Reduction in Sentence; Procedures for 

Implementation of 18 U.S.C. 3582(c)(1)(A) & 4205(g). For inmates whose 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. For persons who are already parole eligible, the BOP may 

recommend to the Parole Commission that the inmate be again reviewed for possible parole. See 

18 U.S.C. § 4205(g). In any event, the actual release decision then rests with the Parole 

Commission, rather than with the sentencing court. 

For inmates who offense was committed on or after November 1, 1987, the Director may request 

the U.S. Attorney's Office to file the BOP’s motion for reduction in sentence (RIS). Inmates may 

request a RIS under a number of conditions enumerated in Program Statement 5050.49 and 

may be based on medical or non-medical circumstances. Medical circumstances include a request 

by an inmate who is terminally ill or debilitated. Non-medical circumstances may include elderly 

inmates; elderly inmates with medical conditions; circumstances in which there has been a death 

or incapacitation of the inmate’s child’s caregiver, or the incapacitation of an inmate’s spouse or 

registered partner. When reviewing a RIS request, the Director will consider a number of factors 

enumerated in the Program Statement, including but not limited to the nature and circumstances of 

the inmate’s offense; criminal history, release plan; length of time served; and possible risk to the 

community. In every case, the Director will solicit the input of identified victims and the U.S. 

Attorney’s Office responsible for prosecuting the inmate. The Director may consult with the 

Office of the Deputy Attorney General as well. The Director will also consider D.C. Code inmates 

for RIS. 

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. 2.2. 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 5800.15, Correctional Systems 

Manual; 5880.30, Sentence Computation Manual/Old Law/Pre CCCA 1984. 

A federal inmate seeking parole must apply to the United States Parole Commission. At least 60 

days prior to the initial parole hearing, the inmate is notified of the time and place of the hearing 

and of the right to review all documentation to be considered by the Parole Commission. See 28 

C.F.R. § 2.11(e). 

3. Pre-Release or Community Confinement in Preparation for Release

Pursuant to 18 U.S.C. § 3624(c) most inmates nearing release or parole from a federal institution 

will be housed at an RRC for transitional services during the final portion of their sentence. Such 
42 

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 Residential Reentry 

Management Offices in major cities throughout the country. See Program Statement 7300.09, 

Community Corrections Manual. 

 

While BOP staff closely monitor RRCs, 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 inmate violate any 

conditions of his or her residence at the facility, or has been involved in any further criminal 

activity, disciplinary sanctions will be imposed. An inmate may be returned to custody. All RRC 

disciplinary sanctions imposed against the inmate will be reviewed by BOP staff to 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 sentence or 6 months prior to their Good Conduct Release date, whichever is less. See 18 

U.S.C. § 3624(c) and 28 C.F.R. pt. 570, subpt. B. 

The BOP uses two different methods to monitor inmates on home confinement. The first requires 

the RRC to track the inmate's whereabouts and curfew compliance through daily telephone 

contacts and periodic personal contacts at the home and workplace. The inmate must also 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. 
43 

M. Notification to the Community of the Release of an Offender 

Title 18 U.S.C. § 4042(b) requires that the BOP notify tribal, state, and local law enforcement 

officials at least five calendar days prior to the release of an inmate to supervised release, 

probation, or parole, who has been convicted of a “drug trafficking crime” or a “crime 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. 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 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 to the chief law 

enforcement officer of the state, to the chief local or tribal law enforcement official, to the 

appropriate U.S. Probation Office, and in addition, to the sex offender registration official in the 

responsible for the receipt or 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 
44 

inmate, and should the inmate be released to parole, to an RRC, or to the community, as well as 

any incidence of furlough, escape, death, and in the 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 

well-being of incarcerated offenders. Consult the BOP website and contact the relevant BOP 

office should you have any further questions or concerns.

VII. APPENDICES 

Appendix A: Summary Table, Application of Title 18 U.S.C. Chapter 313 

Offenders with Mental Disease or Defect 

Note: All examinations ordered pursuant to Chapter 313 are conducted in accordance with the 

provisions of 18 U.S.C. § 4247 (b) and (c). Specifically, 18 U.S.C. § 4247 (b) requires that the 

examination be conducted by a licensed or certified psychiatrist or psychologist and that the 

person to be examined be committed to the custody of the Attorney General for placement in a 

suitable facility. Unless impracticable, the examination shall be conducted in a suitable facility 

closest to the court.

Appendix B: Regional Counsel and Consolidated Legal Center (CLC) Offices 

Appendix C: Relevant Acronyms 

 
45 

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. 
46 

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 convicted 

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. 

 
47 

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. 

 

 
48 

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. 
49 

APPENDIX B: Regional Counsel and Consolidated Legal Center Offices

Mid-Atlantic Region - MARO:Matthew Mellady, Regional Counsel Phone: 301-317-3120 Fax: 301-317-3132 Zachary Kelton, Deputy Regional Counsel Phone: 301-317-3113 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 Rick Winter, Deputy Regional Counsel Phone: 913-551-1006 North Central Regional Office Gateway Complex Tower II, 8th Floor 4th and State Avenue Kansas City, KS 66101 

South Central ReJason Sickler, RegPhone: 972-730-Fax: 972- 730- 89Michael Frazier, DPhone: 972-730-South Central RegU.S. Armed Force344 Marine ForceGrand Prairie, TX 

Northeast Region - NERO:Michael Tafelski, Regional Counsel Phone: 215-521-7375 Fax: 215-521-7483 Joyce Horikawa, Deputy Regional Counsel Phone: 215-521-7376 Northeast Regional Office U.S. Custom House - 7th Floor 2nd and Chestnut Streets Philadelphia, PA 19106 

Western Region - WXRO:Dennis Wong, Regional Counsel Phone: 209-956-9732 Fax: 209-956-9795 Dominic Ayotte, Deputy Regional Counsel Phone: 209-956-9731 Western Regional Office 7338 Shoreline Drive Stockton, CA 95219 

Southeast Region Lisa Sunderman, RPhone: 678-686-Fax: 678-686-12Craig Simmons, DPhone: 678-686-Southeast Regiona3800 Camp Creek Building 2000 Atlanta, GA 303
50 

Consolidated Legal Centers 

• = CLC LEADER * = NOT ACTIVATED 

MARO• Zachary Kelton 

301-317-3113 

FCI Cumberland, MD FCI Morgantown, WV FCI Memphis, TN FCC Hazelton, WV 

NERO• Joyce Horikawa 

215-521-7378 

FDC Philadelphia ,PA FCI Fort Dix, NJ FCI Fairton, NJ FCI McKean, PA FCI Elkton, OH FCI Loretto, PA USP Canaan, PA Contract: Youngstown, OH Phillipsburg, PA 

NCRO• Rick Winter 

913-551-1006 

USP Leavenworth,KS USMCFP Springfield, MO 

WXRO• Dominic Ayotte 

209-956-9731 

FCI Dublin, CA MCC San Diego USP Atwater, CA FDC Honolulu, HI FCI, Herlong, CA FCI Sheridan, OR FCI Mendota, CA FDC SeaTac, WA USP Atwater, CA Contract: TCI Taft, CA 

 SCRO/Dallas• Michael D. Frazie

972-730-8921 

FCI Ft. Worth, TX FMC Carswell, TX FCI La Tuna, TX FSI La Tuna, TX FCI Big Spring, TX FCI Seagoville, TX Contract: Big Spring, TX Eden, TX Milan, NM Post, TX Pecos,TX Raymondville, TX 

FMC Lexington• Carlos Javier Martinez 

859-255-6812 x5710 

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• VACANT 

507-424-7445 

FMC Rochester, MN FPC Duluth, MN FCI Sandstone, MN FCI Waseca, MN FPC Yankton, SD 

FCI Phoenix

• David Huband 

623-465-9757 x4378 

FCI Phoenix, AZ FCC Tucson, AZ (2) FCI Safford, AZ 

FDC Houston• Eric Hammonds 

713-229-4104 

FCI Bastrop, TX FCI Three Rivers, TFDC Houston, TX USP Pollock, LA FCI Pollock, LA FCC Oakdale, LA 
51 

Consolidated Legal Centers 

• = CLC LEADER * = NOT ACTIVATED 

FCI Beckley• Debbie Stevens 

304-252-9758 x4105 

FCI Beckley, WV FPC Alderson, WV USP Lee, VA FCI McDowell, WV FCI Gilmer, WV 

FCC Allenwood • Lori Cunningham 

570-522-7642 

FCC Allenwood, PA USP Lewisburg, PA FCI Schuylkill, 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 *USP Thomson, IL 

MDC Los Angeles • Eliezer Ben-Shmuel 

213-485-0439 x5428 

MDC Los Angeles, CA FCI Terminal Island, CA FCC Lompoc, CA FCC Victorville, CA 

FCC Beaumont• Juliana Reese-Colson 

409-727-8187 x32

FCC Beaumont, TX FPC Bryan, TX 

FMC Butner• Mike Bredenberg 

919-575-3900 x6078 

FMC Butner, NC FCI I Butner, NC FCI Butner, NC FCI II Butner NC LSCI Butner, NC FCI I Petersburg, VA FCI II Petersburg, VA Contract: Winton, NC 

FMC Devens• Les Owen 

978-796-1043 

FCI Danbury, CT FCI Ray Brook, NY FMC Devens, MA FCI Berlin, NH 

FCC Florence• Chris Synsvoll 

719-784-5216 

FCI Florence, CO USP Florence, CO ADMAX Florence, CO FPC Florence, CO FCI Englewood, CO 

FTC Oklahoma C• J. D. Crook 

405-680-4004 

FTC Oklahoma CitOK FCC Forrest City, A(2) FCI Texarkana, TX FCI El Reno, OK 
52 

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 

CMU Communication Management Unit 

CIMS Central Inmate Monitoring System 

COIF Cost of Incarceration Fee 

CRP Certification Review Panel 

CSC Comprehensive Sanctions Center 

CTP Commitment Treatment Program 

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 

FDC Federal Detention Center 

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 

 
53 

MCFP Medical Center for Federal Prisoners 

MCC Metropolitan Correctional Center 

MDC Metropolitan Detention Center 

MINT Mothers and Infants Together 

MVRA Mandatory Victims Restitution Act 

NERO Northeast Regional Office, Bureau of Prisons 

NCRO North Central Regional Office, Bureau of Prisons 

OMDT Office of Medical Designations and Transportation 

PREA Prison Rape Elimination Act 

PSF Public Safety Factor 

PSR Presentence Report 

PLRA Prison Litigation Reform Act of 1995 

RDAP Residential Drug Abuse Program 

RIVES Reduction in Sentence 

RRC Residential Reentry Center 

RRM Residential Reentry Management Branch 

SAM Special Administrative Measure 

SDP Sexually Dangerous Person 

SCRO South Central Regional Office, Bureau of Prisons 

SERO Southeast Regional Office, Bureau of Prisons 

SGT Statutory Good Time 

SHU Special Housing Unit 

SIS Special Investigative Supervisor 

SMU Special Management Unit 

SOR Statement of Reasons 

SORC Sex Offender Release Coordinator 

SOMP Sex Offender Management Program 

SORNA Sex Offender Reporting and Notification Act 

SOTP Sex Offender Treatment Program 

TRULINCS Trust Fund Limited Inmate Computer System 

UDC Unit Discipline Committee 

UNICOR Federal Prison Industries trade name 

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