U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

V Administrative Maximum Secutitv lttstitution

Q High Security lnstitution

- Medium Security lnstitution

E Minimum Security lnstitution

Colorado Consolidated Legal Center 5880 State Highway 67 South

P O. Box 6500

Florence, CO 81226

April 29,2013

Honorable Marcia S. Krieger, Chief Judge

United States District Court, District of Colorado

Alfred A. Arraj United States Courthouse

901 1gih Street

Denver, CO 80202

RE: lnmate Possession of Pre-Sentence Repo(s and/or Statement of Reasons and

Prevention of Sexually Abusive Behavior in the Federal Bureau of Prisons

Dear Judge Krieger:

I am writing in response to a request from the United States Attorney's Office that I

describe the Federal Bureau of Prison's policy regarding whether an inmate is allowed to

possess a copy of his Pre-Sentence Report. I have also been asked to address what

measures are in place to prevenl sexually abusive behavior in the Federal Bureau of Prisons

(Bureau).

Since November 2,2002, inmates in the custody of the Bureau have not been permitted

to possess photocopies of their Pre-Sentence Report (PSR) and/or the Statement of Reasons

(SOR) from their criminal judgments. This change came about as a result of Bureau Program

Statement 1351 .05, Release of lnformation, dated September 19, 2002. The purpose of this

prohibition "is to protect inmates from being coerced by other inmates to produce their PSRS

and SORs for illicit purposes." ld. al2. Prior to this policy change, the Bureau documented

the emerging problem where inmates pressured other inmates for a copy of their PSRs and

SORs to learn if that inmate had been an informant, gang member, or had financial resources.

lnmates who refused to provide the documents were often threatened and/or assaulted. ld. at

15-16

Program Statement '1351.05 not only prohibits inmates from possessing their PSRs or

SORs for the safety reasons listed above, it also provides that PSRs and SORs are treated as

contraband within the Bureau. The possession of such contraband subjects inmates to

disciplinary action. /d. at 15. Inmates are, however, allowed to review their PSRs and SORs

ATTACHMENT 5

Case No. 1:11-cr-00355-MSK Document 274-5 filed 04/29/13 USDC Colorado pg 1 of 3
Honorable Marcia S. Krieger, Chief Judge

April29,20'13

Page 2

under the direct and constanl supervision of Bureau staff. Bureau staff are required lo

documenl the date ol any such revtew, and both staff and the inmate are required to initial the

entry documenting such review. /d. at 17. The policy change to the handling of PSRs and

SORs has helped the Bureau address the safety concerns brought about by the disclosure of

information contained in these documents and has assisted lhe Bureau in its efforts to

maintain safe facilities and provide work and other self-improvement opportunities to assist

inmates in becoming law-abiding citizens.

ln addition to the restrictions pertaining to possession of PSRs and SORs, restrictions

are also in place pertaining to medical reports relating lo an inmate's HIV status. For example,

while lab results of an inmate's HIV lesting may be reviewed by that inmate, the inmate "may

not retain a copy of his or her test results while the inmate is confined in a Bureau facility or a

Community Corrections Center." ld. al 19. An inmale may provide written authorization for the

Bureau to foruard a copy of his or her HIV test result lo a third party outside of the institution.

td.

I have also been asked whether a homosexual inmate is viewed by the Bureau as a

"situational offender" and "special offender" because of his sexual preference. I am not familiar

with the use of those terms as relates to an inmale being homosexual.

As to measures taken by the Bureau to prevent sexually abusive behavior in the prrson

settrng, I direct the Court's attention to the Prison Rape Elimination Act (PREA) of 2003. The

Bureau implemented Program Statements in order to enforce this Act, the most recent of

which is found at Program Statement 5324.09, dated August 20,2012, Sexuallv Abusive

Behavior Prevention and lntervenlion Proqram.' This Program Statement provides that within

72 hours of arrival at a BOP facility, all inmates are assessed during an intake screening "for

their risk of being sexually abused by other inmates or sexually abusive loward other inmates."

/d. at 10. The intake screening considers, at a minimum, the following criteria to assess

inmates for risk of sexual victimization:

(1) Whether the inmate has a mental, physical, or developmental disability;

(2) The age of the inmate;

(3) The physical build of the inmate;

(4) Whether the inmate has previously been incarcerated;

(5) Whether the inmate's criminal history is exclusively nonviolent;

(6) Whether the inmate has prior convictions for sex offenses against an adult or child,

(7) Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender,

intersex, or gender nonconforming;

(8) Whether the inmate has previously experienced sexual victimization;

(9) The inmate's own perception of vulnerability; and (10) Whether the inmate ls detained solely for civil immigration purposes

' See a/so Program Statement 5324.06,

dated April 27 ,2005.

Case No. 1:11-cr-00355-MSK Document 274-5 filed 04/29/13 USDC Colorado pg 2 of 3
Honorable Marcia S. Krieger, Chief Judge

April 29,2013

Page 3

ld. al 11.

The Bureau implemented appropriate controls to ensure that the inmate's answers to

these questions is not disseminated or exploited to the inmate's detriment by staff or other

inmates. The intake screening process also takes into account an inmate's PSR and medical

records, and such information is equally protected, ld. at 12. An inmate's risk level is

reassessed whenever warranted and within 30 days of arrival at the institution based upon any

additional information. /d.

With regard to protective custody of inmates at risk of sexually abusive behavior,

Program Statement 5324.09 provides that inmates'at high risk for sexual victimization shall

not be placed in involuntary segregated housing unless an assessment of all available

alternatives has been made, and a determination has been made that there is no available

alternative means of separalion from likely abusers." ld. al 14. However, if placed in

segregated housing for this purpose, such inmate "shall have access to programs, privileges,

education, and work opportunities to the extenl possible," and such segregated housing "shall

not ordinarily exceed a period of 30 days." ld. al 14.

ln sum, the Bureau is committed to ensuring the safety of all the inmates in its custody

and takes all appropriate measures to achieve that end.

Sincerely,

c9'-'-\r^'.{

Christopher B. Synsvoll

Supervisory Attorney

Case No. 1:11-cr-00355-MSK Document 274-5 filed 04/29/13 USDC Colorado pg 3 of 3