U.S. Department of Justice

Civil Rights Division

Office ofSpecial Counsel for Immigration Related
Unfair Employment Practices - NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530

MAR 23 2010
----------~_._----

Sent by First Class Mail and Electronic Mail (Richard.Galvan@domail.maricopa.edu)

Rick Galván, Esquire
Assistant General Counsel
Legal Department
Maricopa Community Colleges
2411 W. 14th St.
Tempe, AZ 85281
Re:

Employers' Obligations to Reverify Employees' Employrnent Eligibility

Dear Mr. Galván:
Thank you for contacting the Office of Special Counsel for 1mmigration-Related Unfair
Employment Practices ("OSC"). In your email ofMarch 2,2010, you ask for guidance on an
employers' responsibilities with respect to employees who present temporary evidence of
employment authorization in the employment eligibility verification (Fonn 1-9) process. You
also ask if employers operating in Phoenix, Arizona, have a safe harbor from liability under the
anti-discrimination provision ofthe 1mmigration and Nationality Act ("INA"), 8 U.S.e. § 1324b.
This office cmIDot give you an advisory opinion on any set of facts involving a particular
individual or company. However, we can provide some general guidelines regarding compliance
with the anti-discrimination provision ofthe INA.
As you know, OSC enforces the anti-discrimination provision ofthe INA. The anti
discrimination provision prohibits four types ofunlawful conduct: (1) citizenship or immigration
status discrimination with respect to hiring, firing, and recruitment or referral for afee; (2)
national origin discrimination with respect to hiring, firing, and recruitment or referral for afee;
(3) discriminatory documentary practices during the employment eligibility verification (Form 1
9) process ("document abuse"); and (4) retaliation for filing a charge or asserting rights under the
anti-discrimination provision.
Your email seeks information about an employer's obligationswith respect to employees
who present temporary evidence of employment authorization in the Form 1-9 process. The U.S.
Department ofHomeland Security ("DHS"), U.S. Citizenship and Immigration Services

("USClS") administers the rules and regulations regarding employment eligibility verification.
USClS's Handbook for Employers: Instructions for Completing the Form 1-9 (Form M-274)
discusses reverification of an employee's employment authorization on page 12:
When an employee's employment authorization expires, you must reverifyhis or
her employment authorization. You may use Section 3 ofForm 1-9, or, if Section
3 has already been used for a previous reverification or update, use a new Form
1-9. lfyou use a new form, write the employee's name in Section 1, complete
Section 3, and retain the new fonn with the original. The employee must present a
document that shows either an extension ofhis or her initial employment
authorization or new employment authorization. lf the employee cannot provide
you with proof of current employment authorization (e.g., any document from List
A or List C, inc1uding an unrestricted Social Security card), you cannot continue
to employ that persono
NOTE: Do not reverify an expired U.S. passport or passport card, an Alien
Registration Receipt Card/Permanent Resident Card, or a List B document that
has expired.
To maintain continuous employment authorization, an employee with temporary
employment authorization should timely file for new employment authorization or
an extension of stay prior to the expiration ofhis or her current document or
authorized period of stay. lf the employee is authorized to work for a specific
employer and has filed an application for an extension of stay, he or she may
continue employment with the same employer for up to 240 days from the date the
authorized period of stay expires.
lfan employee has timely filed for new employment authorization document
(Form 1-766) and USClS fails to adjudicate that application within 90 days, the
employee will be granted an employment authorization document for a period up
to 240 days.
NOTE: You must reverify an employee's employment authorization on Form 1-9
not later than the date the employee's employment authorization expires.
The Handbook for Employers maybe duyvnloaded for free through USClS's website,
www.uscis.gov.
To prevent discrimination in violation of at anti-discrimination provision ofthe INA, an
employer must treat aH employees the same in the employment eligibility verification process,
regardless of their citizenship or immigration status, or their national origino Accordingly, any
procedure an employer uses to implement its obligations to reverify employees whose
employment authorization documents expire must be applied consistentIy, regardless of an
employee's citizenship or immigration status, or national origino AdditionaHy, an employer
. reverifying an employee' s employment authorization must not request a specific document .or

combination of documents, but must allow the employee to present his or her choice of
documentes).
FinalIy, your email asks whether there is a safe harbor from liability under the' anti
discrimination provision ofthe INA for employers operating in Phoenix, Arizona. The anti
discrimination provision contains no safe harbór. All employers operating in the United States
are required to comply with the anti-discrimination provision.
1 hope that this information is helpful. For further infonnation on the INA's anti
discrimination provision, please fee1 free to consult OSC's website at
http://www.justice.gov/crt/osc/.

Deputy Special Counsel


U.S.Department of Justice
Civil Rights Division

Office ofSpecial Counsel for Immigration Related
Unfair Employment Practices - NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530

MAR 1 7 2010

--------.,-------

Sent by First Class Mail and Electronic Mail (MRunde@hmrvisa.com)
Michael C. Runde, Esquire '
Hochstatter, McCarthy, Rivas & Runde, S.C.
5555 North Port Washington Road, Suite 300
Milwaukee, W1 53217
Re: Request for Guidance on Federal Contractor Obligations
Dear Mr. Runde:
Thank you for contacting the Office of Special Counse1 for 1mmigration-Related Unfair
Employment Practices ("OSC"). In your email ofFebruary 17, 2010, you ask for guidance on a
federal contractor's obligations with respect to relying on a previously completed Form 1-9 for
running an existing employee through E-Verify.
This office cannot give you an advisory opinion on any set of facts involving a particular
individual or company. Ho\Vever, we can provide some general guide1ines regarding compliance
with the anti-discrimination provision ofthe hnmigration and Nationality Act ("INA").
As you know, OSC enforces the anti-discrimination provision ofthe INA. The anti
, discrimination provision prohibits four types ofunlawful conduct: (1) citizenship or immigration
status discrimination with respect to hiring, firing, and recruitment or referral for afee; (2)
national origin discrimination with respect to hiring, firing, and recruitment or referral for afee;
(3) discriminatory documentary practices during the employment eligibility verification (Form 1
9) process ("document abuse"); and (4) retaliation for filing a charge or asserting rights under the
anti-discrimination provision.
y our email seeks c1arification about language in the E-Verify Memorandum of
Understanding and in the Supplemental Guide for Federal Contractors about when a federal
contractor may rely on a previously completed Form 1-9 to run an E-Verify query. Because OSC
does not administer the Federal Acquisition Regulation or the E-V erify program, we cannot
respond to the specific questions in your letter. However, we contacted U.S. Citizenship and
1mmigration Services ("USC1S"), the component ofthe U.S. Department ofHomeland Security
that administersE-V erify, and USC1S recommends that you direct your questions to E-Verify

Customer Support at 1-888-464-4218.
To prevent a violation ofthe anti-discrimination provision in the use ofE-Verify, OSC
encourages employers to take steps to ensure that the verification process is implemented in a
non-discriminatory manner. Accordingly, in the course of determining whether a previously
completed F orm 1-9 may be. used to run an E-Verify query, a federal contractor must be careful
not to treat employees differently based on their national origin or citizenship or immigration
status.
For further information on the INA's anti-discrimination provision, please fee1 free to
consult OSC's website at http://www.justice.gov/crt/osc/, or call OSC at 1-800-255-8155.

Sincerely,

n
Deputy Special Counse1


U.S. Department of Justice

Civil Rights Division

Office ofSpecial Coúnsel for Immigration Related
Unfair Employment Practices - NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530·

March3,2010

Ann Allott, Esq.
Allott Immigration Law Firm
2305 East Arapahoe Road
Suite 100
Centeimial, Colorado 80122
Dear Ms. Allott,
This letter is in response to your letter of October 26, 2009, seeking guidance on how an
employer should,consistent with the anti-discrimination provision ofthe hnmigration and Nationality
Act (INA), 8 U.S.C. §1324b, respond to a notification by the City and County ofDenver, Colorado
("Denver") that sorne employees have provided Social Security mimbers that do not match the Social
Security Administration's records. Your letter states that one ofyour c1ients was informed by Denver
that its certified payroll contained mismatched Social Security numbers. According to your letter,
Denver also stated that in its view, because ofthe mismatched Social Securitynumbers, the payroll was
not a correct payroll - as allegedly required by local government contract - and that therefore the
employer was not in compliance with the contract. The local goveinment contract requires "true and
correct" payroll records, but it does not inc1ude any specification relating to treatment ofworkers.
The Office ofSpecial Counsel for Immigration-Related Unfair Employrnent Practices ("OSC")
cannot provide an advisory opinion on any particular instance of alleged discrimination or on any set of
facts involving a particular individual or entity. However, we can provide sorne general guidelines
regarding employer compliance with the INA's anti-discrimination provision. The anti-discrimination
provision prohibits discrimination on the basis of national origin, citizenship status or immigration
status, document abuse during the employrnent eligibility verification process, and retaliation.
Notices ofa Social Security number ("SSN") no-match can come from many sources including
the Social Security Administration ("SSA"), other federal or state agencies, commercial businesses that
conduct employee background checks, third-party identity theft inquiries, and healthcare providers
providing services to an employee under an employer-provided health plan. The Social Security
Administration ("SSA") issues no-match letters to employers reporting an apparent error in either the
employer's records or the SSA records, and seeks the eiTIployer's and, ifnecessary, the employee's
assistance in conforming those records. See Social Security Administration, "Overview of Social
Security Employer No-Match Letters Process," available at http://www.socialsecurity.gov/
legislationlnomatch2.htm. These letters specifically caution employers against taking any adverse
employrnent action against a referenced employee based solely on receipt ofthe letter, and explicit1y
state that the letter makes no statement about the referenced employee's employrnent authorization.
In rriany instances, it is unclearwhether an entityreporting a no-match has relied on SSA records
or other sources of information in determining that there is a no-match. In addition, there are many
reasons for a "no-match," many ofwhich have nothing to do with an individuals's immigration status
or work authorization, including but riot limited to: (1) an unreported name change due to mariiage,

divorce or naturalization; (2) input errors by SSA verifiers; (3) reporting errors by an employer or
employee; (4) identity thefi; (5) errors in reporting proper culturally based hyphenated or multiple
surnames; and (6) fraud. Because ofthis, an employer should not assume that an employee referenced
in a no-match notice is not work authorized. Accordingly, the mere receipt ofa "no-match" notice does
not, standing alone, constitute "constructive knowledge" on the part of an employer that the referenced
employee is not work authorized. See Immigration and Customs Enforcement, "ICE Insert," available
at http://www.ssa.gov/employer/ICEinsert.pdf ("There are many reasons for a mismatch between
employer and S SA records, inc1uding transcription errors and name changes due to marriage that are not
reported to SSA. Employers should not assume that the mismatch is the result ofanywrongdoing on the
part of the employee. Moreover, an employer who takes action against an employee based on nothing
more substantial than a mismatch letter may, in fact, violate the law.").
Thus, an employer should not use the "no:"match" notice by itself as the reason for taking any
adverse employrnent action against the referenced employee or as a basis alone for reverifying the
employrnent eligibility ofan employee. An employer should: recognize that SSN no-matches can result
because ofsimple administrative errors; check the information in the no-match notice against personnel
records; ask the employee to confirm his or her name and SSN reflected in the personnel records; advise
the employee to contact SSA to correct andlor update SSA records; and give the employee a reasonable
period of time to address a reported no-match with the local SSA office. 1 Furthermore, an employer
should be mindful oftreating all employees for whom it receives a no-match notice the same regardless
of citizenship status or national origin, and an employer should not require an employee to produce
specific documents to address the no-match. To do otherwise may violate the anti-discrimination
provision ofthe INA.
.
.
I hope this information is helpful to you. Should you have any further questions, please contact
OSc's employer hotline at (800) 255-7688.

atherine A. Baldwi
Deputy Special Counsel

1Under the electronic employrnent eligibility verification program administered by the U.S.
Department .of Homeland Security, E-Verify, if an employee receives a tentative nonconfrrmation
generated by a mismatch of information in SSA' s records, SSA may place a case in continuance for up
to 120 days to ensure adequate time for a worker to obtain needed documentation or information and
for SSA to update its records. Although involving a different context, the 120-day E-Verify period
recognizes the ofien time-consuming nature ofresolving an SSA record mismatch.


U.S. Department of Justice

Civil Rights Division

Office ofSpecial CowJselfor lmmigration Related
Unfair Employment Practices - NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530

February 3,2010

Via electronic mail to: ann@allott.com

-AlU1 Allott, Esq.
Allott Immigration Law Finn
CentelU1ial, Colorado 80122
Dear Ms. Allott:
This letter responds to your e-mail of October 14, 2009, seeking guidance on how an
el11ployer should, consistent with the anti-discril11ination provision ofthe Iml11igration and
Nationality Act (INA), 8 US.C. § 1324b, respond to a ''Notice of Suspect Documents" issued by
Il11l11igration and Customs Enforcel11ent (ICE) ofthe Department ofHomeland Security (DHS).
Your e-mail states that one ofyour client's received such a Notice on Septel11ber 18, 2009,
following an audit ofyour client's Fonns 1-9 by ICE.
The Office of Special Counsel for Il11migration Related Unfair Employment Practices
(OSC) cannot provide an advisory opinion on any particular instance of alleged discrimination or
on any set of facts involving a pmiicular individual or entity. However, we can provide some
general guidelines regarding employer cOl11pliance with the INA's anti-discril11ination provision.
A Notice of Suspect Documents is issued by ICE based on a physical audit of aú
el11ployel"s F01111S 1-9. S"ee 8 U.S.C. §274a.9(c); 8 C.F.R. §274a.9(c). The Notice identifies
those employees that ICE believes may not be authol'ized to work in the United States based on
the documents and other inf01111ation listed in the employee's Form 1-9. Id. See alsa United
Sta tes v. LFW Dairy Carp., d/b/a J &J Dairy COlp., 10 OCAHO no. 1129, at 3 and 4 (2009).
The anti-discl'imination provision of the INA, 8 US.C. §1324b, prohibits the request for
specific docul11ents or the l'ej ection of documents during the employment eligibility vel'ification
process with the intent to discriminate on the basis of national origin or citizenship status. See 8
U.S.C. §1324b(a)(6). However, it has been long recognized that action by an employer taken fol'
reasons other than an intent to discriminate does not constitute an unfair employment practice
within the l11eaning ofthe anti-discrimination provision of the INA. See Ondina-Mendez v.
Sugar CreekPacking Ca., 9 OCAHO no: 1085, at 18-19' (2002). While anICE Notice of
Suspect Documents may pro vide a non-discriminatory reason behind the decision to re-verify an
employee's employment eligibility, the standard for accepting documents presented by the

employee to re-establish his or her employment eligibility remains the same - whether the
documentes) presented reasonably appearon their face to be genuine and to relate to the person
who presents the documentes). See 8 C.F.R. §274a.2(b)(1)(ii)(A).
We hope that this information is helpful.
Sincere.1J!,

¿f#f~~
Katherine A. B win
Deputy Special Counsel

2


Grant Writing Tips
The Office on Violence Against Women (OVW) offers the following advice to all
potential applicants in order to help them prepare successful grant applications:
1) Read the program solicitation in its entirety before writing your application. You
should make sure that you understand the program's eligibility guidelines, statutory
purpose areas, unallowable activities, and application content requirements before you
attempt to draft an application. This tip applies equally to both new applicants and
current grantees. The program requirements may have changed since the last time
current grantees applied for funding.
2) Call or e-mail OVW if you have questions about the program's eligibility requirements,
allowable activities, application content, or application submission requirements. OVW
staff will not be able to help you write your application, but can answer any technical
questions that you may have, including whether or not specific activities are allowable
under the grant program.
3) Follow OVW's standard application formatting guidelines. All applicants are strongly
encouraged to:


Use the project narrative section headings that are specified in the program
solicitation;



Use page numbers on each page of the application; and



Use a 12 point font, such as Times New Roman to prepare their applications.

If applicants follow these formatting guidelines, their applications are easier to review.
4) All applicants are strongly encouraged to prepare their itemized budget using the
recommended budget format. This will help ensure that your budget is properly itemized
and easier to review. All applicants are also strongly encouraged to:


Include a budget summary page as part of their budget submission. The budget
summary is a required part of your official budget;



Submit a single, integrated budget that covers the entire award period. Multiple,
separate 12-month budgets may slow down the budget review and approval
process;



Include the required OVW-sponsored travel set-aside as a part of their budgets.
OVW will not offer applicants who are selected to receive funding additional
funds to pay for these costs if they fail to include the required amount in their
original budget. Instead, OVW will require the applicant to remove other costs
from its budget in order to create the set-aside;



Make sure that your calculations are detailed and accurate. Budgets that do not
demonstrate how the applicant calculated the cost of a specific item, or that
include mathematical errors, will take longer for OVW and OJP to review; and



There is no such thing as “miscellaneous” costs. Every single item of cost in your
budget must be properly itemized and categorized using the OJP-approved
budget categories.

5) Do not include activities that have been specifically identified as unallowable in the
program solicitation as part of your application. OVW may remove your application from
funding consideration during the internal review process if it contains unallowable
activities. Or, you may receive a reduction of up to 25 points in the overall score
assigned to your application based on its inclusion of unallowable activities.
6) If your proposal includes information-sharing activities that could potentially disclose
any personally identifying information about victims, be sure to adequately describe
safeguards or precautions that you will use to safeguard victim confidentiality.
7) Be sure to include a timeline that adequately describes how you will achieve your
proposed goals and objectives over the course of the program's award period.
8) Make sure that your submitted application is complete, particularly your hard copy
submission. This will help to decrease the chance that your submission will be removed
from funding consideration during the internal review process for being substantially
incomplete. Please remember: it is your responsibility to ensure that you submit a
complete application.
9) Carefully review your SF-424 and Summary Data Sheet before submitting your
application. Be sure that you have provided the name, phone number, fax number, and
e-mail addresses for both the Point of Contact and the Authorized Representative.
Applicants are strongly encouraged to identify two separate individuals to serve in these
roles to ensure that OVW will not experience any unnecessary delay or difficulty in
contacting someone with questions about your application.
10) Unless the program solicitation states otherwise, all applicants are required to follow
each of the program's application requirements. The program solicitation will specifically
indicate when certain types of applicants are exempt from a particular application
requirement. OVW strongly encourages all applicants to call or e-mail OVW prior to the
application submission deadline if they have questions about application content
requirements.
11) Please limit the number of attachments that you submit as part of your application to
those specifically requested in the program solicitation. Information submitted beyond

what is required in the solicitation is not likely to be read by OVW staff or peer
reviewers.
12) If the program requires that applicants submit a Memorandum of Understanding
(MOU), please submit a single MOU that has been signed by the applicant and each of
its project partners. The purpose of the MOU is to allow applicants to demonstrate that
their proposed projects will be developed by a team of collaborative partners. Applicants
who submit more than one MOU may trigger concerns about whether or not their
proposed project will be developed through the mutual cooperation of a team of
partners.
13) Choose partner organizations very carefully. Most of OVW’s discretionary grant
programs have a collaborative partnership requirement. Each applicant must
demonstrate that it has partnered with organizations or agencies that meet the minimum
partnership requirements outlined in the program solicitation. Applicants are strongly
encouraged to contact OVW prior to the application submission deadline if they have
questions or concerns regarding collaborative partnership requirements.


U.S. Department of Justice
Federal Bureau of Prisons

PROGRAM STATEMENT
OPI:
OGC/LCI
NUMBER: P5162.05
DATE:
March 16, 2009

Categorization of Offenses
/s/
Approved: Harley G. Lappin
Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE
To assist in the implementation of various Federal Bureau of Prisons policies and programs.
Section 3 of this Program Statement lists offenses the Bureau categorizes as crimes of violence as
that term is used in various statutes. In addition, Section 4 lists offenses that in the Director's
discretion shall preclude an inmate’s receiving certain Bureau program benefits.
a. Program Objective. The expected result of this program is:
An inmate will be denied the benefits of certain programs if his or her offense is either a crime of
violence or an offense identified at the discretion of the Director of the Bureau of Prisons.
b. Summary of Changes
Policy Rescinded
P5162.04

Categorization of Offenses (10/09/2007)

The March 16, 2009, reissuance of this policy updates the lists of statutory offenses. There are
no other content changes.

2. APPLICATION
Criminal offenses are defined in many different titles of the United States Code, including Titles
7, 16, 18, 21, 26, 29, 30, and 46. The offenses contained in these titles that may be crimes of
violence are listed in Section 3. Section 4 lists offenses that are not categorized as crimes of
violence, but would nevertheless preclude an inmate’s receiving certain Bureau program benefits
at the Director’s discretion.
Some Bureau policies or programs require a determination that an inmate committed a crime of
violence, for example, the Program Statement on Inmate Discipline and Special Housing Units.
Other policies or programs, such as early release pursuant to 18 U.S.C. § 3621(e) and placement
in Intensive Confinement Centers, indicate that an inmate may be denied the benefits of such
programs if he or she was convicted of an offense listed in either Section 3 or 4. When an inmate
may be denied a program benefit under either Section 3 or 4, staff must carefully explain the
basis for the denial. For example, if an inmate is convicted of an offense listed in Section 4, the
inmate should be denied a program benefit because he or she committed an offense identified at
the Director’s discretion, rather than a crime of violence.
If a particular Code section in these titles is not listed in Section 3 or Section 4, and case
management staff believe the crime might be violent, or might preclude an inmate’s receiving
certain Bureau program benefits, they shall contact legal staff at the institution or the Regional
Counsel. Also, if a Judgment and Commitment Order (J&C) references a United States Code
section that is not found in Titles 7, 16, 18, 21, 26, 30, 42, or 49, they should contact legal staff at
the institution or the Regional Counsel to determine whether a recommendation should be made
to change the policy to incorporate the offense in question.
Some of the Code sections may be listed in more than one section below; such duplication is
indicated by an asterisk. In such cases, staff are to check subsequent sections of the Program
Statement to determine whether the offense is a crime of violence or an offense that would
otherwise preclude an inmate’s receiving certain Bureau program benefits.
3. OFFENSES CATEGORIZED AS CRIMES OF VIOLENCE
a. Criminal Offenses That are Crimes of Violence in All Cases. Some Bureau policies or
programs require a determination that an inmate committed a crime of violence, for example, the
Program Statement on Inmate Discipline and Special Housing Units. Other policies or programs,
such as early release pursuant to 18 U.S.C. § 3621(e), indicate that an inmate could be denied the
benefits of such programs if he or she was convicted of an offense listed in either Section 3 or 4.
Any conviction for an offense listed below is categorized as a crime of violence.

P5162.05

3/16/09

Page 2

(1) Title 18, United State Code Sections
Ë 32
Ë 33
Ë 34
Ë 35(b)
Ë 36
Ë 37
Ë 43
Ë 81
Ë 111
Ë 112(a)
Ë 113
Ë 114
Ë 115
Ë 116
Ë 117
Ë 175
Ë 229
Ë 231
Ë 245
Ë 247
Ë 248
Ë 351
Ë 373
Ë 521(c)(2)
Ë 753
Ë 832
Ë 842
Ë 844
Ë 871
Ë 875 (a), (b), (c)
Ë 878
Ë 879
Ë 922 (a)(2),
(a)(3),(a)(4),
(a)(5),(a)(7),
(a)(8),(a)(9),
(b)(2),(b)(3),
(b)(4),(b)(5),
(c),(d)(1),
P5162.05

3/16/09

destruction of aircraft
destruction of motor vehicles or motor vehicle facilities
penalty when death results
conveying false information that harms human life
firing weapons into group of persons (VCCLEA addition)
violence at international airports (VCCLEA addition)
force, violence, and threats involving animal enterprises
arson w/in maritime jurisdiction
assaulting officers of the United States
assaulting foreign officials
assaults w/in maritime jurisdictions
maiming w/in maritime jurisdiction
threatening family member of a federal official
female genital mutilation
domestic assault by an habitual offender
biological weapons
prohibited activities (chemical weapons)
civil disorders
federally protected activities
damage to religious property; obstruction of persons in the free exercise of
religious beliefs
freedom of access to clinic entrances
assassination of cabinet and congress members
soliciting to commit a violent act
criminal street gangs
rescue of an inmate to prevent execution
participation in nuclear and weapons of mass destruction threats to the
United States
explosive materials
penalties
threats against the President
interstate communications
threats against foreign officials
threats against former presidents

Page 3

(d)(2),(d)(4),
(d)(8),(d)(9),
(g),(k),(n),
(o),(p),(q)(2),
(q)(3),(r),
(s)(1),(t)(1),
(u),(x)(1)(A),
(x)(2)(A), &
(z)(1)
Ë 924(c)
Ë 929
Ë 930(a),(b), & (c)
Ë 956
Ë 970(a)
Ë 1091
Ë 1111
Ë 1112
Ë 1113
Ë 1114
Ë 1116
Ë 1117
Ë 1118
Ë 1119
Ë 1120
Ë 1121
Ë 1201
Ë 1203
Ë 1204
Ë 1363
Ë 1364
Ë 1365
Ë 1366
Ë 1368
Ë 1369
Ë 1512(a)
Ë 1513
Ë 1531
Ë 1581
Ë 1583
Ë 1584
Ë 1585
Ë 1587
P5162.05

3/16/09

firearm violations
firearms used in violent or drug trafficking crimes
use of restricted ammunition
possession of firearms and dangerous weapons in Federal facilities
conspiracy to kill, kidnap, maim, or injure persons or damage property in a
foreign country
damage of property owned by foreign governments
genocide
murder
manslaughter
attempt to commit murder or manslaughter
murder of officers
murder of foreign officials
(conspiracy to murder)
murder in correctional institution (VCCLEA addition)
foreign murder of US national (VCCLEA addition)
murder by escaped prisoner (VCCLEA addition)
murder by state or local officer (VCCLEA addition)
kidnapping
hostage taking
international parental kidnapping
buildings or property within special maritime and territorial jurisdiction
interference by foreign commerce by violence
tampering with consumer products except 1365(b),(c)
destruction of an energy facility
harming animals used in law enforcement
destruction of veterans’ memorials
killing witness or victim
retaliation against witness or victim
partial-birth abortions prohibited
peonage
enticement into slavery
sale into servitude
slave trading
possession of slaves aboard a vessel
Page 4

Ë 1588
Ë 1589(1) & (2)
Ë 1591
Ë 1651
Ë 1652
Ë 1653
Ë 1655
Ë 1659
Ë 1661
Ë 1751
Ë 1752(a)(5)
Ë 1792
Ë 1841
Ë 1855
Ë 1859
Ë 1864
Ë 1958
Ë 1959
Ë 1991
Ë 1992
Ë 2101
Ë 2111
Ë 2113(d),(e)
Ë 2114
Ë 2115
Ë 2116
Ë 2118(a),(b), (c)
Ë 2119
Ë 2191
Ë 2231(b)
Ë 2232(a)
Ë 2233
Ë 2241
Ë 2242
Ë 2243(a)
Ë 2244(a)&(c)
Ë 2245
Ë 2251
Ë 2251A
Ë 2260(a)
Ë 2261
Ë 2261A
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transporting slaves
forced labor
sex trafficking of children or by force, fraud, or coercion
piracy
citizens as pirates
aliens as pirates
assault on commander as pirates
attack to plunder a vessel
robbery ashore
assassination of president or staff
restricted building or grounds
mutiny or riot
protection of unborn children
timber set afire
surveys interrupted
hazardous devices on federal lands
use of interstate commerce in murder for hire
violent crimes aiding racketeering
entering train to commit crime
wrecking trains
riots
special maritime jurisdiction
bank robbery and incidental crimes
assault of person carrying mail
breaking into post office
railway or steamboat post office
robberies and burglaries involving controlled substances
crimes involving motor vehicles
cruelty to seamen
assault or resistance
destruction of property to prevent seizure
rescue of seized property
aggravated sexual abuse
sexual abuse
sexual abuse of a minor or ward
abusive sexual contact
sexual abuse resulting in death (VCCLEA addition)
sexual exploitation of children
selling or buying of children
production of sexually explicit depictions of a minor for importation into
the United States
interstate domestic violence (VCCLEA addition)
stalking
Page 5

Ë 2271
Ë 2272
Ë 2273
Ë 2275
Ë 2276
Ë 2277(a)
Ë 2280
Ë 2281(NOT(A))
Ë 2291(NOT
(a)(8)-(9))
Ë 2332
Ë 2332a
Ë 2340A
Ë 2383
Ë 2384
Ë 2385
Ë 2389
Ë 2390
Ë 2421
Ë 2422
Ë 2423

conspiracy to destroy vessels
destruction of vessel by owner
destruction of vessel by nonowner
firing or tampering with vessels
breaking and entering vessels
explosives or dangerous weapons aboard vessels
violence against maritime navigation (VCCLEA addition)
violence against fixed platforms (VCCLEA addition)
destruction of vessel or maritime facility
penalties for homicide
use of weapons of mass destruction (VCCLEA addition)
torture
rebellion or insurrection
sedition conspiracy
advocating the overthrow of the government
recruiting for service against U.S.
enlistment to serve against U.S.
transportation for illegal sexual activity
coercion into interstate travel for illegal sexual activity
transportation of minors for illegal sexual activity

(2) Title 21 United States Code Sections
Ë 841(e)
Ë 848(e)
Ë 858

boobytraps on federal property
death penalty for criminal offenses
endangering human life while manufacturing controlled substances

(3) Title 26 United States Code Sections
Ë 5861(a) thru (l)

firearms

(4) Title 42 United States Code Sections
Ë 2000(e)(13)
Ë 2283(a)
Ë 2284(a)
Ë 3631

killing of officer while enforcing Equal Employment Act
protection of nuclear inspectors
sabotage of nuclear facilities
interference with housing

(5) Title 49 United States Code Sections
Ë 46502
Ë 46504
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aircraft piracy
interference with flight crew members
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Ë 46505
Ë 46507

carrying a weapon or explosive on an aircraft
false information and threats

b. * Title 18, United States Code Section 2113(a). Title 18, United States Code Section
2113(a) provides in part:
“Whoever, by force and violence, or by intimidation, takes or attempts to
take, from the person or presence of another, or obtains or attempts to obtain
by extortion any property or money or any other thing of value belonging to,
or in the care, custody, control, management, or possession of, any bank,
credit union, or any savings and loan association; . . . shall be fined under
this title or imprisoned not more than twenty years, or both.”
This statute covers various offenses, including not only bank robbery but also embezzling bank
funds, stealing bank property, and bank larceny.
With regard to the specific crime of bank robbery, the offense shall be considered a crime of
violence, since the offense involves an explicit or implicit threat of force and thus has as an
element the threatened use of physical force against the person or property of another. For
offenses pursuant to § 2113(a) other than bank robbery, see Section 4.e. below.
c. Conspiracy, Attempt, and Similar Offenses Which Involve an Underlying Offense. The
statutes listed in this section cover conspiracy offenses (see, e.g., 18 U.S.C. § 371) when an
individual has planned with others to commit a particular crime. Other listed statutes cover
attempted offenses, i.e. when an individual tried but did not succeed in committing the crime. In
reviewing these types of offenses, it is necessary to examine the “underlying offense” (what the
defendant was conspiring to do or attempting to do). If the underlying offense is categorized as
violent pursuant to Section 3.a. of this Program Statement, e.g., murder, then the attempt or the
conspiracy offense is also violent. The underlying offense will be included in the PSI and may be
noted on the J&C.
Other statutes listed in this section do not criminalize behavior but set out penalties that result
from violating other statutes.
Example: 18 U.S.C. § 924(a)(1)(B) provides that whoever
“knowingly violates subsection (a)(4),(f),(k),(r),(v), or (w) of section 922 . . .
shall be fined under this title, imprisoned not more than five years, or both.”
The J&C may indicate the sentence was imposed pursuant to the penalty provisions of
§ 924(a)(1)(B) without indicating the conviction for the underlying offense. The PSI, however,
notes the underlying conviction, “Transporting a Destructive Device in Interstate Commerce”
[18 U.S.C. § 922(a)(4)]. In order to determine whether the offender’s current offense is violent,
staff should assess whether the underlying offense is violent in accordance with Section 3.a. of
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this Program Statement; if the underlying offense is violent, then the offender should be deemed
violent.
The following offenses may be violent depending on the underlying offense.
Title 18, United States Code Sections
Ë *241
Ë *371
Ë *372
Ë *924
Ë *1962
Ë *2118(d)

conspiracy to deprive civil rights (if conspiracy)
conspiracy to commit offense/fraud against U.S.
conspiracy to impede or injure officer
penalties for firearms violations
racketeering
robberies involving controlled substances

4. OFFENSES THAT AT THE DIRECTOR’S DISCRETION SHALL PRECLUDE AN
INMATE’S RECEIVING CERTAIN BUREAU PROGRAM BENEFITS
For certain Bureau programs, such as early release pursuant to 18 U.S.C. § 3621(e) and
placement in Intensive Confinement Centers, an inmate may be denied program benefits if he or
she was convicted of an offense listed in either this section or Section 3. If an inmate is denied
the benefit of such a program, staff must carefully describe the basis for the denial. For example,
if an inmate is convicted of an offense listed in this section, the inmate shall be denied a program
benefit because he or she committed an offense identified at the Director's discretion, rather than
a crime of violence.
As an exercise of the discretion vested in the Director, an inmate serving a sentence for an
offense that falls under the provisions described below shall be precluded from receiving certain
Bureau program benefits.
Inmates whose current offense is a felony that:
# Has as an element, the actual, attempted, or threatened use of physical force against the
person or property of another, or
# Involved the carrying, possession, or use of a firearm or other dangerous weapon or
explosives (including any explosive material or explosive device), or
# By its nature or conduct, presents a serious potential risk of physical force against the person
or property of another, or
# By its nature or conduct involves sexual abuse offenses committed upon children.
Thus, for an inmate to receive Bureau program benefits such as those mentioned above, he or she
must not be convicted of an offense listed in this section or in Section 3.
a. Criminal Offenses with an Enhanced Base Offense Level. Convictions for an offense
listed below may or may not satisfy the standard listed in the introductory portion of Section 4.
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At the time of sentencing, the court makes a finding of whether an offense listed below involved
the use of force, and this finding is reflected in the PSI section entitled “Offense Computation,”
subsection entitled “Base Offense Level.” This subsection references a particular U.S.
Sentencing Guideline provision that distinguishes between violations of the particular criminal
code section that are committed with and without force.
Example: Title 18 United States Code Section 241, Conspiracy Against Rights provides:
“If two or more persons conspire to injure, oppress, threaten or intimidate any
person . . . in the free exercise or enjoyment of any right or privilege. . . .”
This crime may or may not be committed through the use of force or threatened use of force,
since one can be oppressed through means other than force. Pursuant to U.S. Sentencing
Guideline Section 2H2.1:
# If the crime involved obstructing an election or registration, and the obstruction occurred
using force or threat of force against persons or property, the base offense level is 18, or
# If the obstruction occurred without the use or threatened use of force, such as forgery, fraud,
theft, deceit, etc., the base offense level is 12.
If an offender was convicted of an offense listed below, case management staff must examine the
base offense level to determine whether the offense would preclude the inmate from receiving
certain Bureau program benefits. If the PSI does not include an explanation as to the reason for
assigning a particular base offense level, case management staff may need to examine the
particular Sentencing Guideline referenced.
Some of the offenses listed below may correspond to more than one Sentencing Guideline, only
one of which includes a base level adjustment for the use or threatened use of force.
Accordingly, it is possible that an examination of the Offense Computation section of the PSI
may reveal no mention of the use or threatened use of force. When the PSI fails to explain the
reason for assigning a particular base offense level, case management staff must examine the
particular Sentencing Guideline referenced to determine whether the court found that the use of
force was implicated in the offense.
Case management staff may contact institution legal staff or Regional Counsel if they have
questions regarding this section. A list of offenses for which the Sentencing Guidelines base
offense level is affected by the use or threatened use of force follows. At the Director’s
discretion, inmates with such an offense shall be precluded from receiving certain Bureau
program benefits.
Title 18, United States Code Sections
Ë 241
Ë 242
P5162.05

conspiracy against rights (for other than conspiracy)
deprivation of rights under color of law
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Ë 592
Ë 593
Ë 1791
Ë 1952
Ë 2231(a)
Ë 2381

putting troops at polls
interference by armed forces
possessing contraband in prison
transporting items in aid of racketeering
assault on persons executing search warrant
treason

b. Criminal Offenses with a Specific Offense Characteristic Enhancement. Convictions for
an offense listed below, like those listed in Section 4.a., may or may not satisfy the standard
listed in the introductory portion of Section 4.
At the time of sentencing, the court makes a finding of whether the offense involved the use or
threatened use of force, and this finding is reflected in the PSI section entitled “Offense
Computation,” subsection entitled “Specific Offense Characteristics.” This subsection references
a particular U.S. Sentencing Guideline that provides for an increase in the Total Offense Level if
the criminal violation was committed with force.
Example: Section 841 of Title 21, United States Code makes it a crime to manufacture,
distribute, or possess with the intent to distribute drugs. Under the Sentencing Guidelines (§
2D1.1 and § 2D1.11), the defendant could receive an increase in his or her base offense level
because of a “Specific Offense Characteristic” (for example, if a dangerous weapon was
possessed during commission of the offense), the court would increase the defendant’s base
offense level by two levels. This particular “Specific Offense Characteristic” (possession of a
dangerous weapon during the commission of a drug offense) poses a serious potential risk that
force may be used against persons or property. Specifically, as noted in the U.S. Sentencing
Guidelines § 2D1.1., application note 3, the enhancement for weapon possession reflects the
increased danger of violence when drug traffickers possess weapons. Accordingly, an inmate
who was convicted of manufacturing drugs, (21 U.S.C. § 841) and received a two-level
enhancement for possession of a firearm has been convicted of an offense that will preclude the
inmate from receiving certain Bureau program benefits.
In some cases, an inmate may be convicted of an offense listed in this section as well as 18
U.S.C. § 924(c)(1), use of a firearm during a crime of violence or drug trafficking crime.
According to the U.S. Sentencing Guidelines, if a defendant receives a § 924(c)(1) conviction,
the court may not assess a two-level “Specific Offense Characteristic” enhancement for
possession of a firearm; however, in light of the Supreme Court ruling in Bailey v. U.S., 116
S.Ct. 501 (1995), a number of § 924(c)(1) convictions have been vacated. In Bailey, the Court
held that the term “use” connotes an active employment of the firearm. If any of the offenses
listed in this section were accompanied by a § 924(c)(1) conviction that was subsequently
vacated due to the Bailey decision, staff shall presume that the inmate would have received a
two-level “Specific Offense Characteristic” enhancement for possession of a firearm unless there
is a specific court order to the contrary. Thus, absent a court order specifically denying the
application of a two point enhancement for possession of a firearm, the inmate will not receive
certain Bureau program benefits.
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Some of the offenses listed below may correspond to more than one Sentencing Guideline, only
one of which includes a Specific Offense Characteristic for the use of force. Alternatively, the
PSI may fail to adequately describe the Specific Offense Characteristic that underlies the increase
in offense level. In either case, it is possible that an examination of the Offense Computation
section of the PSI reveals no mention of the use of force. If this occurs, case management staff
must examine the particular Sentencing Guideline referenced to determine whether the court
found that the use of force was implicated in the offense.
Example: The PSI in the above scenario may state “SOC (specific offense characteristic)
2F1.1(4) increase 2 levels.” If the Report does not further state “since the offense involved the
conscious or reckless risk of serious bodily injury, increase by two levels pursuant to 2F1.1(4),”
case management staff may have to examine Guideline 2F1.1(4) to determine that the only basis
for this particular increase is a finding that the offense included the risk of bodily injury.
Case management staff may contact institution legal staff or Regional Counsel if they have
questions regarding this section. Below is a list of offenses for which there could be a Specific
Offense Characteristic enhancement for the use of force:
(1) Title 16, United States Code Sections
Ë 773e(a)(2),
(3),(4),(6)
Ë 773g
Ë 1857(a)(D),
(E),(F),(H)
Ë 1859
Ë 2435(4),(5),
(6),(7)
Ë 2438
Ë 3606
Ë 3637(a)(2),(3)
(4),(6),(c)
Ë 5009(5),(6),
(7),(8)
Ë 5010(b)

violation of Northern Pacific Halibut Act
violation of Northern Pacific Halibut Act
violation of National Fishery Management Program
violation of National Fishery Management Program
violation of Antarctic Marine Living Resources Convention
violation of Antarctic Marine Living Resources Convention
violation of North Atlantic Salmon Fishing
violation of Pacific Salmon Fishing
violation of North Pacific Anadromous Stock Convention
violation of North Pacific Anadromous Stock Convention

(2) Title 18, United States Code Sections
Ë 755
Ë 757
Ë 874
Ë 894
Ë 1163
P5162.05

officer permitting escape
procures escape for prisoner of war
kickbacks from public works employees
extending credit through extortionate means
embezzlement/theft from Indian organizations
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Ë 1503
Ë 1505
Ë 1511
Ë 1516
Ë 1517
Ë 1951
Ë 2112

influencing or injuring officer or juror
obstruction of proceedings before departments or agencies
obstruction of state or local law enforcement
obstruction of a federal audit
obstructing financial examination
interference with commerce by threats/violence
robbery of personal property of United States

(3) Title 21, United States Code Sections
Ë 841(NOT(e))
Ë *846

controlled substance violation
attempt and conspiracy

(4) Title 26, United States Code Sections
Ë 7212
Ë 7214

attempt to interfere with revenue laws
unlawful acts by employees of the IRS

(5) Title 30, United States Code Sections
1461(a)(3),
(4),(5),(7)
Ë 1463

resisting officers for violations under Deep Seabed Mineral Resources Act
violations of Deep Seabed Mineral Resources Act

(6) Title 33, United States Code Section
Ë 1232(b)(2)

ports and waterways safety enforcement provisions

(7) Title 40, United States Code Section
Ë 193f(a)

security of Capitol grounds and buildings

(8) Title 42, United States Code Sections
Ë 1973aa
Ë 1973aa-1
Ë 1973aa-1a
Ë 1973aa-3
Ë 1973bb
Ë 1973gg-10
Ë 2283(b)
Ë 9151(2),
(3),(4),(5)
P5162.05

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application of prohibition to other States
residence requirements for voting
bilingual election requirements
penalty
enforcement of twenty-sixth amendment
criminal penalties
protection of nuclear inspectors
violation of Ocean Thermal Energy Conversion Act
Page 12

Ë 9152(d)

violation of Ocean Thermal Energy Conversion Act

(9) Title 46, United States Code Section
Ë 1903

manufacture, distribution, or possession with intent to manufacture
controlled substances

(10) Title 49, United States Code Section
Ë 46505(b)

carrying a weapon on an aircraft

c. Criminal Offenses That May Preclude an Inmate’s Receiving Certain Bureau Program
Benefits. In addition to Sections 4.a. and 4.b. above, an inmate may be precluded from receiving
certain Bureau program benefits based on an offense listed in this section. For the offenses listed
below, the Sentencing Guidelines may provide little insight into the court’s findings.
Accordingly, rather than simply examining the base offense level or the specific offense
characteristics, case managers must carefully examine the entire Offense Computation section of
the PSI and, if necessary, the Offense Conduct section to determine if the offense would preclude
an inmate’s receiving certain Bureau program benefits based on whether the offense satisfies the
standard listed in the introductory portion of Section 4.
The following offenses may preclude an inmate’s receiving certain Bureau program benefits
based on a variety of factors.
(1) Title 7, United States Code Section
Ë 473c-1

offenses in relation to sampling of cotton

(2) Title 16, United States Code Sections
Ë 5106(e)(5),
(6),(7),(9),
(f)(2)

violation of Atlantic Coast Fisheries Cooperative Management

(3) Title 18, United States Code Sections
Ë 700
Ë 751
Ë 752
Ë 831
Ë 876
Ë 877

P5162.05

desecration of the flag of the United States
escape from federal prison
instigating/assisting escape from federal prison
prohibited acts involving nuclear materials
mailing threatening communications
mailing threatening communications from foreign country

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Ë 922(a)(1)
Ë 1153
Ë 1512(b)
Ë 1708
Ë 1792
Ë 1956
Ë 2117
Ë 2152
Ë 2153
Ë 2154
Ë 2155
Ë 2156
Ë 2192
Ë 2193
Ë 2247
Ë 2387

engage in business of importing, manufacturing, or dealing in firearms or
ammunition
offenses within Indian Country
tampering with a witness/victim/informant
theft or receipt of stolen mail
mutiny and riot in prison
money laundering
breaking into carrier facilities
destruction of submarine and torpedo works
destruction of war materials
production of defective war material
destruction of national defense materials
production of defective national defense material
incitation of seamen to revolt
mutiny
repeat offenders
activities involving armed forces

(4) Title 40, United States Code Sections
Ë 193f(a),(b)

security of Capitol grounds and buildings

d. Conspiracy, Attempt, and Other Offenses Which Involve an Underlying Offense. Some
of the statutes listed in this section cover conspiracy offenses (see, e.g., 21 U.S.C. § 846) when
an individual has planned with others to commit a particular crime. Other listed statutes cover
attempted offenses (see, e.g., 21 U.S.C. §§ 846 and 963) when an individual tried but did not
succeed in committing the crime. In reviewing these types of offenses, it is necessary to examine
the “underlying offense” (what the defendant was conspiring to do or attempting to do). If the
underlying offense would preclude the inmate from receiving certain Bureau program benefits
based on any of the other portions of Section 4 of this policy, the conspiracy or the attempt
offense shall also preclude the inmate from receiving the same benefits. The underlying offense
will be included in the PSI and may be noted on the J&C.
Example: The Judgment and Commitment Order may indicate a conviction for “Attempt and
Conspiracy” (21 U.S.C. § 846). The accompanying Presentence Investigation Report will
reference the underlying crime, in many cases it will be “Possession with Intent to Distribute a
Controlled Substance” (21 U.S.C. § 841). Staff should then review the underlying offense (in
this case possession of controlled substance) to determine whether it satisfies the standard listed
in the introductory portion of Section 4. As noted in the example in section b above, if the PSI
indicates that the defendant received a 2-level increase for possessing a dangerous weapon, then
the offense should preclude the inmate from receiving certain Bureau program benefits; if no
such enhancement was given, the offense should not preclude the inmate from receiving such
benefits.
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(1) Title 18, United States Code Sections
Ë *241
Ë *371
Ë *372
Ë *924
Ë *1962
Ë *2118(d)

conspiracy to deprive civil rights (if conspiracy)
conspiracy to commit offense/fraud against U.S.
conspiracy to impede or injure officer
penalties for firearms violations
racketeering
robberies involving controlled substances

(2) Title 21, United States Code Sections
Ë *846
Ë 848
Ë 963

attempt and conspiracy
controlled substances violations as criminal enterprise
conspiracy or attempt to violate controlled substance laws

e. Special Circumstances
Ë Title 18, United States Code § 922(g). All offenses under 18 U.S.C. § 922(g) shall preclude
an inmate from receiving certain Bureau program benefits.
Ë *Title 18, United States Code § 2113(a). Excluding bank robbery (see Section 3.b. above),
other offenses covered by 18 U.S.C. § 2113(a), (e.g., bank larceny, etc.), shall be reviewed
similarly to offenses in Section 4.b. Defendants may receive a Specific Offense Characteristic
enhancement that will result in an increase in the base offense level. Such enhancements provide
for an increase in the defendant's base offense level if:
#
#
#

A firearm was discharged,
A firearm or other dangerous weapon was brandished, displayed, possessed, or used, or
An express or implied threat of death was made (U.S.S.G. 2B3.2(b), Application Notes 2
and 6).

If a defendant received such an enhancement (or one of the other enhancements involving the use
or threatened use of force), the offense shall preclude the inmate's receiving certain Bureau
program benefits.
Ë Title 18, United States Code § 2243. A conviction for sexual abuse of a minor or ward shall
preclude an inmate from receiving certain Bureau program benefits.
5. OFFENSES COMMITTED BEFORE NOVEMBER 1, 1987
The Sentencing Guidelines are generally not applicable for offenses committed before November
1, 1987. Accordingly, for offenses identified in Section 4 or offenses similar to those listed in
Section 4 of this Program Statement that were committed before this date, case managers must
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make a determination, based on the narrative description of the crime contained in the PSI,
whether the offense involved:
#
#
#
#

The use, attempted use, or threatened use of force;
The use, carrying, or possession of a dangerous weapon;
A serious potential risk that force might be used against the person or property of another; or
Sexual abuse committed upon children.

Offenses listed in Section 3, Crimes of Violence, or offenses similar to those listed in Section 3,
which were committed before November 1, 1987, shall be treated in the same manner as “new
law” offenses.
6. CRIMES CODIFIED PURSUANT TO THE VIOLENT CRIME CONTROL AND
LAW ENFORCEMENT ACT OF 1994
The VCCLEA created a number of new Federal criminal offenses and enhanced penalties for
several existing offenses. Some of the new offenses are included in the above lists, but the lists
will be revised as needed after the U.S. Sentencing Commission drafts new guidelines. These
lists will also be updated periodically to reflect statutory changes or at the Director’s discretion.
REFERENCES
Program Statements
P5110.15
Notification of Release to State and Local Law Enforcement Officials (8/30/00)
P5162.02
Definition of Term, Crimes of Violence (7/24/95)
P5322.12
Inmate Classification and Program Review (11/29/06)
P5330.11
Psychology Treatment Programs (3/16/09)
P5331.02
Early Release Procedures Under 18 U.S.C. 3621 (e) (3/16/09)
P5800.12
Receiving and Discharge Manual (12/31/97)
P5800.15
Correctional Systems Manual (1/1/09)
P5880.28
Sentence Computation Manual (CCCA of 1984) (2/21/92)
P5880.30
Sentence Computation Manual (“Old Law” Pre-CCCA 1984) (7/16/93)
ACA Standards
None.
Records Retention Requirements
Requirements and retention guidance for records and information applicable to this program are
available in the Records and Information Disposition Schedule (RIDS) on Sallyport and
BOPDOCS.

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Page 16


U.S. Department of Justice
Federal Bureau of Prisons

PROGRAM STATEMENT
OPI
CPD/CPB
NUMBER
5251.06
DATE
October 1, 2008

Inmate Work and Performance Pay

/s/
Approved: Harley G. Lappin
Director, Federal Bureau of Prisons
1. PURPOSE AND SCOPE §545.20
a. The Bureau of Prisons operates an inmate work program within its
institutions. To the extent practicable, the work program:
(1) Reduces inmate idleness, while allowing the inmate to improve and/or
develop useful job skills, work habits, and experiences that will assist in postrelease employment; and
(2) Ensures that activities necessary to maintain the day-to-day operation of the
institution are completed.
Sentenced inmates who are physically and mentally able to work are required to
participate in the work program. When approved by the Warden or designee,
drug treatment programming, education, or vocational training may be
substituted for all or part of the work program.
b. The Warden may recognize an inmate’s work performance or productive
participation in specified correctional programs by granting performance pay.
c. Summary of Changes
Directive Rescinded:
P5251.05 Inmate Work and Performance Pay Program (12/31/98)
Federal Regulations from 28 CFR are in bold type.
Implementing instructions are in regular type.

This revision requires that inmates receiving performance pay who are found through the
disciplinary process (Part 541 of this subchapter) to have committed a level 100 or 200 series
drug- or alcohol-related prohibited act will automatically have performance pay reduced to
maintenance pay level and be removed from any assigned work detail outside the secure
perimeter.
d. Program Objectives. The expected results of this program are:
# Each physically and mentally able inmate will be assigned to a work program and perform a
work activity that contributes to the orderly operation of the institution.
# Necessary institution operations and services will be completed through the use of inmate
work.
# Inmate work performance will be evaluated and will form the basis for awarding
Performance Pay.
# Inmates who work well or otherwise successfully participate in self-improvement programs,
will receive monetary awards or other recognition.
# Inmate idleness and disciplinary code violations resulting from inactivity will be reduced.
# Inmate job skills, work habits, and marketability upon release will be improved, increasing
the likelihood of successful post-release employment.
e. Pretrial/Holdover and Detainee Procedures. Procedures specified in this Program
Statement do not apply to pretrial and U. S. Immigration and Customs Enforcement (formerly
INS) detainees, unless the inmate waives his or her right not to work. Additional information
regarding the management of these inmates is contained in the Program Statement Pretrial
Inmates. Holdover inmates may participate in the Inmate Work and Performance Pay Program
at the Warden’s discretion.
2. DEFINITIONS §545.21
a. Physically and Mentally Able. For purposes of this rule, this shall include
inmates with disabilities who, with or without reasonable accommodation, can
perform the essential function of the work assignment.
A more comprehensive definition of a physically and mentally able inmate is contained in 28
CFR 39.103.
b. Institution Work Assignment. A work assignment which contributes to the
day-to-day operation of the institution (e.g., carpentry, plumbing, food service).
c. Industry Assignment. A Federal Prison Industries (FPI) work assignment.
d. Commissary Assignment. A Trust Fund work assignment.

P5251.06 10/01/2008 Federal Regulations: bold type.

Implementing instructions: regular type.

Page 2

e. Full-Time Work Assignment. A work assignment to which an inmate is
assigned for the entire scheduled work day.
f. Part-Time Work Assignment. A work assignment to which an inmate is
assigned for only a portion of the scheduled work day. Part-time work
assignments are ordinarily made in conjunction with drug treatment
programming, education, and/or vocational training programs.
g. Medically Unassigned. An inmate who, because of medical restrictions, is
unable to be assigned to any work program.
h. Light Duty Work Assignment. A work assignment in which an inmate may,
because of physical limitations, temporary or otherwise, only perform limited
work functions, e.g., sedentary work, no prolonged standing, no lifting over 25
lbs., etc.
3. INSTITUTION WORK AND PERFORMANCE PAY COMMITTEE §545.22
a. The Warden at each Bureau of Prisons institution is to establish an Institution
Inmate Work and Performance Pay Committee to administer the institution's work
and performance pay program. The Committee is to be comprised of an
Associate Warden, the Inmate Performance Pay Coordinator, and any other
member(s) the Warden considers appropriate.
The Warden will appoint an Inmate Performance Pay Coordinator (IPPC) who is a full-time
employee, and who ordinarily serves at a department head level. The institution Controller will
normally serve as either the IPPC or as a committee member.
b. The Committee is responsible for approving the following aspects of the
institution’s inmate work and performance pay program:
(1)
(2)
(3)
(4)
(5)
(6)

Number of inmates on each work detail;
Number of pay grades in each detail;
Job descriptions;
Performance standards;
Budgeting for special act awards; and,
Bonus pay/special bonus pay procedures.

The Inmate Work and Performance Pay Committee ensures that the institution complies with all
Program Statement requirements.

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4. INMATE WORK/PROGRAM ASSIGNMENT §545.23
a. Each sentenced inmate who is physically and mentally able is to be assigned
to an institutional, industrial, or commissary work program. Exception shall be
made to allow for inmate participation in an education, vocational, or drug abuse
treatment program, on either a full or part-time basis, where this involvement is
mandated by Bureau policy or statute (for example, the Literacy Program). Where
such participation is not required by either policy or statute, exception may be
made to allow an inmate to participate in an education, vocational, or drug abuse
treatment program rather than work full-time upon the request of the inmate and
approval of the Warden or designee.
The inmate’s unit team ordinarily makes work and program assignments.
b. A pretrial inmate may not be required to work in any assignment or area other
than housekeeping tasks in the inmate’s own cell and in the community living
area, unless the pretrial inmate has signed a waiver of his or her right not to work
(see 28 CFR part 551, subpart J).
28 CFR part 551, Subpart J is referenced in the Program Statement Pretrial Inmates. Although
pretrial inmates are not required to work, an option is available to them via the Prison System
Pretrial Inmate Work Waiver/Notice of Separation form (BP-S203, available on Sallyport) in the
Program Statement Pretrial Inmates.
c. Medically unassigned inmates may be required, to the extent medically
possible, to perform housekeeping tasks in the inmate's own cell and in the
community living area.
d. In making the work and/or program assignment(s), staff shall consider the
inmate’s capacity to learn, interests, requests, needs, and eligibility, and the
availability of the assignment(s). An inmate’s assignment shall be made with
consideration of the institution’s security and operational needs, and should be
consistent with the safekeeping of the inmate and protection of the public.
Inmates will be selected and assigned to industrial programs in accord with the Program
Statement FPI Work Programs for Inmates.
Appropriate work assignments for otherwise qualified inmates with disabilities who, with or
without reasonable accommodation, can perform the essential functions of an available work
assignment are not to be denied such an assignment solely on the basis of the disability. Staff
will not discriminate against or preclude qualified inmates with a disability from participating in
work programs. The inmate’s safety and ability to function satisfactorily at a particular work
assignment, however, must be considered.

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Staff may not discriminate against an inmate on the basis of race, religion, sex, national origin,
disability, or political belief.
5. INMATE WORK CONDITIONS §545.24
a. The scheduled work day for an inmate in a federal institution ordinarily
consists of a minimum of seven hours.
b. An inmate is expected to report to the place of assignment at the required
time. An inmate may not leave an assignment without permission.
c. An inmate, regardless of assignment, is expected to perform all assigned
tasks diligently and conscientiously. Disciplinary action may be taken against an
inmate who refuses to work, who otherwise evades attendance and performance
standards in assigned activities, or who encourages others to do so.
d. Work, vocational, and education programs are to meet the appropriate
minimum standards for health and safety. Safety equipment is to be available
where needed.
Qualified staff (for example, the work supervisor) are to make weekly health and safety
inspections of work, vocational, and education program areas. The Safety Officer is to make a
monthly inspection of these areas.
e. An inmate is expected to perform the work assignment in a safe manner, using
safety equipment as instructed by the work supervisor. In the event of any work
related injury, the inmate shall notify the work supervisor so that appropriate
action (for example, medical attention, and submission of necessary reports) may
be taken.
See the Program Statement Occupational Safety and Environmental Health for further
information.
6. ELIGIBILITY FOR PERFORMANCE PAY §545.25
a. An inmate may receive performance pay for accomplishments in one or more
of the following areas:
(1) Institution work assignment;
An inmate assigned to an industrial work program does not receive Performance Pay but is paid
in accordance with established Federal Prison Industries (FPI) pay grades (see the Program
Statement FPI Work Programs for Inmates). An inmate assigned to an FPI work program who
additionally participates in a non-industrial work assignment or program, and does not receive
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FPI pay for this participation, is eligible for Performance Pay. An inmate may not receive both
FPI pay and Performance Pay for the same activity.
Inmates selected as suicide companions will receive Performance Pay for time spent monitoring
a potentially suicidal inmate.
(2) Literacy program (GED) participation;
The Program Statement Literacy Program (GED Standard) identifies the minimum
educational standard needed to promote an inmate above Grade 4 Performance Pay level.
Upon satisfactory completion of the Literacy Program, an inmate may receive a monetary
Achievement Award from performance pay funds. However, an inmate in IFRP refuse status
cannot earn above maintenance pay level. Accordingly, the total amount of the Achievement
Award, including any other earned monies, cannot exceed the current maintenance pay monthly
dollar amount cap.
(3) Apprenticeship training; and
An inmate may receive Performance Pay for involvement in an apprenticeship training program.
An inmate whose performance in apprenticeship training meets the institution’s criteria for
Performance Pay may not be excluded from receiving Performance Pay just because the inmate is
in apprenticeship training rather than a more traditional institution work assignment. The intent
is to encourage inmates to participate in vocational training activities. The Superintendent of
Industries or the relevant department head, after consulting with the Supervisor of Education,
will determine the rate of pay.
For FPI apprenticeship programs, an inmate may receive Performance Pay for classroom training
that is relevant to, but not a part of, the work assignment. An inmate participating in other nonindustries apprenticeship programs may be awarded Performance Pay for both the classroom and
trades skill training components of the program, in accordance with the institution’s regular
Performance Pay system.
(4) Vocational training courses (approved by the Bureau of Prisons as certified
vocational training instruction).
b. An inmate is eligible for performance pay from the date of work or program
assignment. An inmate is eligible to receive performance pay for each month that
the inmate’s performance justifies such payment.
Monthly Performance Pay awards are to be granted to reward work performance and/or program
progress. An inmate may not be denied Performance Pay because of withheld, forfeited, or
disallowed good time.

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c. An inmate who refuses to participate in the financial responsibility program
shall not ordinarily receive performance pay above the maintenance pay level, or
bonus pay, or vacation pay in accordance with 28 CFR part 545, subpart B.
28 CFR part 545, subpart B refers to the Program Statement Inmate Financial Responsibility
Program.
(d) An inmate who refuses participation, withdraws, is expelled, or otherwise fails
attendance requirements of the drug abuse education course or the residential
drug abuse treatment program is subject to the limitations specified in § 550.54(e)
or § 550.56(e) of this chapter.
(e) Inmates receiving performance pay who are found through the disciplinary
process (part 541 of this subchapter) to have committed a level 100 or 200 series
drug- or alcohol-related prohibited act will automatically have their performance
pay reduced to maintenance pay level and will be removed from any assigned
work detail outside the secure perimeter of the institution. This reduction to
maintenance pay level, and removal from assigned work detail outside the secure
perimeter of the institution, will ordinarily remain in effect for one year, unless
otherwise authorized by the Warden.
(1) Performance Pay Recipient:
# Reduction in performance pay to maintenance pay level.
# Removal from assigned work detail outside secure perimeter.
(2) Federal Prison Industries (FPI - UNICOR) Pay Recipient. Refer to Program Statement
FPI Work Programs for Inmates.
(3) Trust Fund Pay Recipient. Refer to Program Statement Trust Fund/Warehouse/Laundry
Manual.
Note: Performance Pay sanctions are effective upon issuance of this Program Statement. Those
inmates involved in disciplinary proceedings for a drug- or alcohol-related offense at the issuance
of the Program Statement will not be subject to these sanctions. The incident must occur after
this Program Statement is issued for the sanctions to be in effect.
7. PERFORMANCE PAY PROVISIONS §545.26
a. The Warden shall ensure that all institution work assignments have
standardized work descriptions. Each inmate work position is assigned one of
four pay grade levels. Factors to consider in assigning a grade level to the
specific work position include the position’s educational and vocational
requirements, physical demands, working conditions (exposed to dusts, odors,
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etc.), and the degree of responsibility held by the inmate worker. The inmate
assigned to a specific work position shall sign, and, if requested, receive a copy
of, that position description.
The Warden ordinarily assigns an Associate Warden to ensure standard job descriptions are
developed. The Inmate Position Description Standards (BP-S574, available on Sallyport)
provides the format to be used for these job descriptions. The department head, with input from
the work assignment supervisor, recommends a grade for each inmate work assignment position.
The Institution Work and Performance Pay Committee must approve the job description and
grade assignment. The IPPC will maintain all approved position descriptions.
An inmate work assignment’s pay grade is based on the degree of skill and supervision required
for the position and the position’s impact on the institution compared with other inmate work
assignments. For example, a Grade 1 position must be a skilled position which has institutionwide impact and requires minimal supervision. Grades 2 through 4 require lower skill levels,
greater supervision, and have less impact on the institution. Some details may have several pay
Grade 1 inmates, while other details may not have any pay Grade 1 positions.
Maintenance Pay may be used as temporary compensation for inmates who perform satisfactorily
but are assigned to work details that have an excessive number of inmate positions due to
overcrowded conditions. Ordinarily, Maintenance Pay should be a monthly flat rate, payable
when an inmate has worked two weeks or more on a job assignment. If the inmate has worked
on a Maintenance Pay job assignment for less than two weeks, it should be prorated based on the
number of hours worked for a particular week.
b. In recognition of budgetary constraints and for the effective management of
the overall performance pay program, the percentage of inmates assigned to
each grade level is approximately as follows (Grade 1 is highest pay):
Grade 1 - 5% of the institution’s allotted inmate work assignments;
Grade 2 - 15% of the institution’s allotted inmate work assignments;
Grade 3 - 25% of the institution’s allotted inmate work assignments;
Grade 4 - 55% of the institution’s allotted inmate work assignments.
c. An inmate may receive performance pay only for that portion of the month that
the inmate was working. Performance pay may not be awarded retroactively.
The effective date of the award will be the date of approval. Ordinarily, pay periods will be set
by the calendar month (first to last day).

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d. An inmate is eligible to receive performance pay only for those hours during
which the inmate is actually performing satisfactory work or actively participating
in an education or vocational training program. Absences from an inmate's
scheduled assignment for such reasons as call-outs, visits, sick call, interviews,
or making telephone calls shall be deducted from the monthly number of hours
worked and will accordingly reduce the amount of pay received by the inmate.
Any exception to such reduction in pay must be approved by the Assistant
Director, Correctional Programs Division, Central Office.
The work assignment supervisor will use the Performance Pay Daily Record (BP-S575, available
on Sallyport) to accurately record the actual number of hours (including partial hours) each
inmate works or participates in the assigned program.
An example of an exception case might include participation in a large scale research project
(requiring scheduled call-outs for inmate-subjects) that benefits the Bureau or the community. In
this circumstance, Wardens will provide a memorandum to their Regional Directors with a
rationale for exempting an inmate(s) from Performance Pay reduction procedures. If the
Regional Director approves the exception, the Warden's memorandum and the Regional
Director's comments will be provided to the Assistant Director, Correctional Programs Division,
Central Office for review and a decision.
e. Work Evaluation
(1) At the end of each month the work detail/program supervisor shall compute
the hours worked by the inmate and the pay to be awarded for that month.
The work assignment supervisor will record the monthly or quarterly work evaluation through
the Work Performance Rating form (BP-S324, available on Sallyport). Unit staff will purge the
BP-S324 after evaluation information has been incorporated into the inmate's Progress Report.
Monthly reports are required for inmates whose work performance is average or below regardless
of institution location or status.
(2) An inmate shall receive performance pay only for those hours during which
the inmate is actively participating in a work assignment or an
education/vocational program.
(3) The work detail/program supervisor shall rate the inmate’s performance in
each of several categories on a monthly basis when the inmate’s work
performance is average or below average or on a quarterly basis when the
inmate’s work performance is above average. For example, an inmate may be
rated in such categories as quality of work, quantity of work, initiative, ability to
learn, dependability, response to supervision and instruction, safety and care of
equipment, ability to work with others, and overall job proficiency. Any exception
to the work performance evaluation procedures cited in this paragraph requires
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approval of the Assistant Director, Correctional Programs Division, Central
Office. The work detail/program supervisor shall review the evaluation with the
inmate. The supervisor shall request that the inmate sign the evaluation form. If
the inmate refuses to sign the form, the supervisor shall note this refusal on the
evaluation and, if known, the reasons for refusal.
Each staff supervisor will monitor and evaluate the work performance of each inmate assigned to
the detail. If the inmate’s work performance is satisfactory, the hourly rate established for that
grade will apply. Inmates will only receive Performance Pay for satisfactory work performance,
and not receive it for just “being on the job.”
The work assignment supervisor forwards Work Performance Rating forms to the department
head for approval and consolidation into the department’s Performance Pay payroll. After
payroll consolidation, the forms will be forwarded to unit teams for placement in the Inmate
Central File.
f. Bonus Pay. When the supervisor of an inmate worker or program participant
believes the inmate has made exceptional accomplishments or appreciably
contributed to the work assignment, the supervisor may recommend that the
inmate receive a bonus. For example, an inmate who works in excess of the
scheduled work day can qualify for bonus pay. Written justification for the bonus
request must be forwarded to the Department Head for approval.
Bonus Pay may be awarded to an inmate at any grade level. An inmate who refuses to participate
in the Inmate Financial Responsibility Program will not ordinarily receive Bonus Pay.
The bonus cannot exceed one-half of the inmate’s monthly pay. A recommendation for Bonus
Pay is made by the work assignment supervisor. Bonus Pay is provided to inmates through
department Performance Pay savings.
g. Special Bonus Pay. An inmate may receive special bonus pay based on the
inmate's exceptional work in a temporary job assignment, provided this
assignment has been previously identified by the Warden, and approved by the
Regional Director, as critical to the institution. When the supervisor of an inmate
worker assigned to this temporary job assignment believes the inmate has
performed exceptionally well, the supervisor may recommend that the inmate
receive a special bonus. Written justification for the special bonus request must
be forwarded to the Department Head for approval.
An inmate cannot receive both Bonus Pay and Special Bonus Pay at the same time. Ordinarily,
an inmate who refuses to participate in the Inmate Financial Responsibility Program will not
receive Special Bonus Pay.

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Special Bonus Pay will not exceed the inmate’s monthly pay. Special Bonus Pay for a critical
position is defined as one that has institution-wide or system-wide impact or is highly technical.
The Warden may identify a limited number of critical positions for Special Bonus Pay, but must
obtain the Regional Director’s approval for these positions.
h. An inmate’s performance pay, once earned, becomes vested.
i. Each inmate in performance pay status shall be notified of monthly earnings.
8. PERFORMANCE PAY RATES
The Assistant Director, Correctional Programs Division, will issue an Operations Memorandum
periodically announcing hourly rates for Performance Pay. The rate will remain in effect,
regardless of the Operations Memorandum’s expiration date, until a new rate is announced.
9. INMATE VACATIONS §545.27
a. An inmate who has worked full-time for 12 consecutive months on an
institution work assignment is eligible to take a five-day paid vacation at the
inmate's prevailing hourly rate. A recommendation for an inmate to receive
vacation credit is made by the inmate’s work supervisor, through the Department
Head, to the Unit Team, who shall approve the request if the inmate's work
performance qualifies for vacation credit.
Inmates do not have to work on the same work detail for 12 consecutive months to be eligible for
a five-day paid vacation.
Ordinarily, an inmate who refuses to participate in the Inmate Financial Responsibility Program
will not receive Vacation Pay.
b. Staff shall schedule an inmate’s vacation so it is compatible with shop
production and administrative support requirements.
c. The Warden or designee may authorize an inmate to accumulate vacation
credit when:
(1) The inmate is transferred to another institution for the benefit of the
government or because of the inmate’s favorable adjustment (custody reduction);
or
(2) The inmate is placed in a new work assignment in the institution for the
benefit of the government or institution, rather than solely at the inmate’s request
or because of the inmate’s poor performance or adverse behavior.
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10. ACHIEVEMENT AWARDS §545.28
a. With prior approval of the Education Department, each inmate who completes
the Literacy program, Vocational Training, or related trades classroom work that
is part of a certified apprenticeship program may be granted an achievement
award from performance pay funds.
b. With prior approval of the Psychology Services Department, each inmate who
is making satisfactory progress or completes a residential drug treatment
program may also be granted an achievement award from performance pay
funds.
The Program Statement Education, Training, and Leisure Time Program Standards
describes program completion requirements for Literacy programs, including English-as-aSecond-Language, and related trades programs. Prior to enrolling an inmate in any of these
programs, education staff will determine, and advise the inmate and the unit team, if completion
of the program will qualify the inmate for an Achievement Award. The Supervisor of Education
may only approve an Achievement Award upon the inmate’s satisfactory completion of the
program. The amount of the award may not exceed $25.00. Education staff will notify the unit
team when the inmate completes the program.
The Drug Abuse Programs Manual describes program completion requirements for inmates in
residential drug treatment programs. Each residential program should advise the inmate of the
Achievement Award criteria. The Drug Abuse Treatment Coordinator will complete the
necessary requests for award payments and return them to the Business Office.
The Program Statement Inmate Financial Responsibility Program contains information
regarding limitations, guidelines, and eligibility criteria for inmates with an “FRP Refuse”
assignment.
11. PROCESSING OF PERFORMANCE PAY
A monthly list will be prepared of all inmates approved for Performance Pay. This list must
include:
#
#
#
#
#

Name.
Register number.
Hours of satisfactory performance.
Hourly amount paid or pay grade, bonus paid, special bonus paid.
Total amount paid.

The inmate’s institutional assignment, release date, or other information are not needed on this
listing. Each department head will forward the department's monthly list to the IPPC.

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The Warden will certify that the inmates listed are eligible to receive Performance Pay. The
certified original of this list will be sent to the institution Controller for posting to the inmate’s
account.
Inmates receiving Performance Pay are to be paid monthly. Performance Pay is ordinarily posted
to an inmate’s trust fund account within 10 business days of the closing of the pay period.
12. SPECIAL AWARDS §545.29
a. Inmates who perform exceptional services not ordinarily a part of the inmate’s
regular assignment may be granted a special award regardless of the inmate's
work or program status. Examples of actions which may result in the inmate
being considered for a special award are the following:
(1) An act of heroism;
(2) Voluntary acceptance and satisfactory performance of an unusually
hazardous assignment;
(3) An act which protects the lives of employees or inmates, or the property of
the United States. (This does not apply to informants);
(4) Suggestions which result in substantial improvements or cost-savings in
institutional programs or operations; and
(5) Other exceptionally meritorious or outstanding services consistent with the
general character of the preceding cases.
b. The special award may be given in the form of a monetary payment in addition
to any other award (e.g., extra good time) given.
c. The Warden of each institution is empowered to approve special awards not
exceeding $150. Awards in excess of this amount may not be made unless
approved by the Regional Director.
The Monetary Special Award Recommendation form (BP-S576, available on Sallyport) and the
Extra Good Time Recommendation form (BP-S390, available on Sallyport) will be used
respectively when processing monetary special awards and extra good time.
13. FUNDS DUE DECEASED INMATES §545.30.
Funds due a deceased inmate for work performed and not yet paid shall be made
to a legal representative of the inmate’s estate or in accordance with the laws of
descent and distribution of the state of the inmate’s domicile.
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14. TRAINING §545.31.
The Warden shall ensure that staff receive training on their roles in, and on the
operation of, the work and performance pay program. The Warden shall also
ensure that the inmate population is informed of the work and performance pay
program, and of the hourly rates paid to inmate workers.
15. ANNUAL INTERNAL REVIEW
The Institution Work and Performance Pay Committee will ensure that an internal review is
conducted annually on the institution's Performance Pay Program.
16. INSTITUTION SUPPLEMENT
Each institution will develop local procedures and guidelines required to administer this Program
Statement. The Institution will involve the Regional Office, Correctional Programs
Administrator, in developing the Institution Supplement. The Institution Supplement must be
available in English and Spanish and should include, at a minimum, the following:
#
#
#
#
#

Membership and organization of the Inmate Work and Performance Pay Committee.
Designation of the Inmate Performance Pay Coordinator.
Procedures to ensure the development of position description.
Procedures to pay inmates released before the end of the posting period.
Time frames for submitting each department’s Performance Pay to the Inmate Performance
Pay Coordinator for review.
# Procedures for the handling of long-term holdover inmates with regard to the Inmate Work
and Performance Pay Program.
# Procedures to allow holdovers to work at the Warden’s discretion.

REFERENCES
Program Statements
P1040.04
Non-Discrimination Toward Inmates (1/29/99)
P1600.09
Occupational Safety, Environmental Compliance, and Fire Protection (10/31/07)
P5215.05
Youth Corrections Act (YCA) Inmates (3/17/99)
P5300.21
Education, Training, and Leisure Time Program Standards (2/18/02)
P5322.11
Inmate Classification and Program Review (11/29/06)
P5324.08
Suicide Prevention Program (4/5/07)
P5330.10
Drug Abuse Programs Manual, Inmate (5/25/95)
P5350.28
Literacy Program (GED Standard) (12/1/03)
P5353.01
Occupational Education Programs (12/17/03)
P5380.08
Inmate Financial Responsibility Program (8/15/05)
P5803.07
Progress Reports (3/16/98)
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P7331.04
P8120.02

Pretrial Inmates (1/31/03)
FPI Work Programs for Inmates (7/15/99)

Federal Regulations
Rules cited in this Program Statement: 28 CFR 545.20-31 and 28 CFR 39.103. Rules effective
date: 8/11/2008.
ACA Standards
# 4th Edition Standards for Adult Correctional Institutions: 4-4277, 4-4448, 4-4449, 4-4450,
4-4451, 4-4452, 4-4454, 4-4461
# 4th Edition Performance Based Standards for Adult Local Detention Facilities: 4-ALDF-6B02, 4-ALDF-5C-06, 4-ALDF-5C-07, 4-ALDF-5C-08, 4-ALDF-5C-09, 4-ALDF-5C-10, 4ALDF-5C-12
# 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-5A-01
Records Retention
See the Records and Information Disposition Schedule (RIDS) on Sallyport.

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