U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI: OGC
NUMBER: 1320.06
DATE: 8/1/2003
SUBJECT: Federal Tort Claims Act

1. [PURPOSE AND SCOPE §543.30. Pursuant to the Federal Tort
Claims Act, a claim for money damages for personal injury or
death and/or damage to or loss of property must be filed against
the United States by the injured party with the appropriate
Federal agency for administrative action. General provisions for
processing administrative claims under the Federal Tort Claims
Act are contained in 28 CFR part 14. The provisions in this
subpart describe the procedures to follow when filing an
administrative tort claim with the Bureau of Prisons.]
Under the Federal Tort Claims Act (FTCA), the government may be
liable for the negligent or wrongful acts or omissions of its
employees while acting within the scope of their employment.
Inmate work-related claims are not compensable under the FTCA’s
provisions. Such claims should be processed under the Inmate
Accident Compensation Act, 28 CFR 301.301 - 301.317.
Most federal employee work-related claims are also not paid under
the FTCA’s provisions. Work-related personal injury or death
claims are processed under the Federal Employees’ Compensation
Act (FECA), 5 U.S.C. §§ 8101 - 8193. Work-related personal
property claims are processed under the Military and Civilian
Employees Claims Act (CECA), 31 U.S.C. § 3721, or under the
Bureau of Prisons Claims Act (BOPCA), 31 U.S.C. § 3722, unless
the claim involves government negligence.
2. SUMMARY OF CHANGES. This Program Statement is revised to
increase the settlement amounts for the Regional Counsels and the
General Counsel.
[Bracketed Bold] - Rules
Regular Type - Implementing Information

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8/1/2003
Page 2
PROGRAM OBJECTIVE.

3.

The expected result of this program is:

Appropriate compensation will be made under the Federal Tort
Claims Act if individuals suffer proven monetary loss, personal
injury, or wrongful death caused by an employee’s negligent or
wrongful act or omission, while the employee is acting within the
scope of his or her employment.
DIRECTIVES AFFECTED

4.

a.

Directive Rescinded
PS 1320.05

b.

Federal Tort Claims Act (6/28/00)

Directives Referenced
28 U.S.C. § 1346(b) United States as Defendant
28 U.S.C. §§ 2671-2680, Tort Claims Procedure
28 U.S.C. § 2401(b) Statutory Time Period
DOJ Order 2110.23C

c.

Filing and Settlement of Claims of
Civilian Personnel for Damages to or
Loss of Personal Property Incident to
Service (12/13/91)

Rules Referenced
28 CFR 0.96 & 0.97, Delegation and Redelegation of authority
28 CFR 0.172, Authority: Federal tort claims
28 CFR 14.1 through 14.11, Administrative Claims under FTCA
28 CFR 543.30 through 543.32, Claims under the FTCA

5.

STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for
Adult Correctional Institutions: 3-4041, 3-4190, and 3-4393
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-1B-15, 3-ALDF-3A-24,
and 3-ALDF-4G-07
6. DELEGATION OF AUTHORITY. The General Counsel and Regional
Counsel are delegated authority (28 CFR 0.97) to consider,
adjust, determine, compromise, settle, and pay federal tort
claims if the amount of a proposed adjustment, compromise,
settlement, or award does not exceed the amount specified in
28 CFR 0.172.

PS 1320.06
8/1/2003
Page 3
7.

[FILING A CLAIM

§543.31

a. Who may file a claim? You may file a claim if you are the
injured person or the owner of the damaged or lost property. A
person acting on your behalf as an agent, executor,
administrator, parent, guardian, or other representative may file
a claim for you if the person provides a written statement signed
by you giving that person permission to act for you. A
representative may also file a claim for wrongful death. If you
hire a lawyer or authorize a representative to act on your
behalf, the agency will correspond only with that representative,
and will not continue to correspond with you.]
A claim may be filed by an inmate or a non-inmate (e.g., staff
member, visitor, or private citizen). You must file a claim
within two years after your claim accrues. Should a settlement
offer be made, the voucher will contain both your name and the
name of your representative, if applicable.
Regional Counsel staff will track all claims that are filed
properly within their regions.
Claims will not be closed until they are either settled,
denied, rejected, or transferred to another agency pursuant to
28 CFR 14.2.
[b. Where do I obtain a form for filing a claim? You may
obtain a form from staff in the Central Office, Regional Offices,
Bureau institutions, or staff training centers.]
Staff will provide a Claim for Damage, Injury, or Death and
Instructions form (SF-95), which is available on BOPDOCS.
A claim may also be filed without an SF-95 if the claimant
provides all necessary information, including:
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date of incident,
place where the incident occurred,
explanation of events,
witnesses,
description of injury or property loss,
sum certain claimed,
date of claim, and
claimant’s signature.

Inmates should obtain forms from staff at the institution where
they are incarcerated.

PS 1320.06
8/1/2003
Page 4
[c. Where do I file the claim? You may either mail or deliver
the claim to the regional office in the region where the claim
occurred. If the loss or injury occurred in a specific regional
office or within the geographical boundaries of the region, you
may either mail or deliver the claim to that regional office. If
the loss or injury occurred in the Central Office, you may either
mail or deliver the claim to the Office of General Counsel,
Central Office. If the loss or injury occurred in one of the
training centers, you may either mail or deliver the claim to
the Associate General Counsel, Federal Law Enforcement Training
Center. 28 CFR part 503 lists Bureau institutions by region and
also contains the addresses of the Central Office, regional
offices and training centers.]
Institution staff will not accept claims submitted at the
institution.
Claims submitted to the wrong location will be transferred to
the appropriate Bureau Office.
If a claim is submitted to the Bureau in error, staff will
forward it to the proper agency (the term “agency” includes
executive departments, judicial and legislative branches,
military departments, and independent establishments of the
United States) or return it to the claimant if the agency cannot
be identified.
Claims that are transferred to another agency will not be
accepted or denied by the Bureau of Prisons.
8.

[PROCESSING THE CLAIM

§ 543.32.

a. Will I receive an acknowledgment letter? Yes. If you have
provided all necessary information to process your claim (such as
time, date, and place where the incident occurred, and a specific
sum of money you are requesting as damages), you will receive an
acknowledgment letter indicating the filing date and a claim
number. The filing date is the date your claim was first
received by either the Department of Justice or an office of the
Bureau of Prisons. You should refer to your claim number in all
further correspondence with the agency. Additionally, you must
inform the agency of any changes in your address. If you fail to
provide all necessary information, your claim will be rejected
and returned to you requesting supplemental information.]

PS 1320.06
8/1/2003
Page 5
An inmate must inform the Bureau office processing his or her
claim when he or she is transferred to another institution or
released from custody.
Regional Counsel and Office of General Counsel staff will date
stamp all claims on the date they are received, whether the
claims are received in the proper office.
A claim that is transferred to another Bureau office will be
considered filed with that office when the claim was received by
the first appropriate agency office.
Example:

If a claim is received by the Department of Energy
on October 12, then transferred to the Department
of Justice on October 19, then transferred to the
Central Office, Bureau of Prisons, on October 24,
then transferred to a Regional Office on
November 1, the proper date the claim is received
would be October 19.

[b. Will I be notified if my claim is transferred? Yes. If
your claim is improperly filed, you will be notified by the
responsible office that your claim was transferred to another
regional office, the Central Office, a training center, or
another agency.
c. Will an investigation be conducted? Yes. The regional
office ordinarily refers the claim to the appropriate institution
or office for investigation. You may also be required to provide
additional information during the investigation. Your failure to
respond within a reasonable time may result in the rejection or
denial of the claim.]
(1) Institution Investigation. The Warden at the
institution will designate staff to investigate and prepare a
report on the claim.
The report, with the Warden's recommendation(s), is then
forwarded to the appropriate Regional Counsel. The Regional
Counsel’s Office will track all outstanding claims until settled
or denied.
Each institution will develop an Institution Supplement
detailing procedures for such investigations.

PS 1320.06
8/1/2003
Page 6
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(2)
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The Safety Department should conduct a timely
investigation of motor vehicle accidents. This
investigation should include documenting the condition
of the site at the time of the accident and taking
photographs that depict the damage accurately.
Investigation Report.

The report will include:

the SF-95 or other appropriate written form of
notification;
background materials (statements of witnesses,
photographs, medical case descriptions), as necessary;
relevant administrative remedy requests; and
the CEO’s (Warden or Assistant Director) conclusions
and recommendations.

A sufficient number of detailed photographs must be taken to
provide the reviewing offices with a clear idea of the type and
extent of damage, especially in the case of motor vehicle damage.
(3) Central Office Claims. Central Office staff will
investigate claims filed properly in the Central Office.
A report, with the Assistant Director’s recommendation(s),
is then forwarded to the Office of General Counsel. The Office
of General Counsel will track all outstanding claims in the
Central Office until a claim is settled or denied.
(4) Medical Malpractice Claims. Institution health
services staff should review claims alleging medical malpractice
or improper medical care. After this review, a clear case
description must be provided, including a history of all relevant
medical treatment, medications, and services rendered to the
claimant. A case description should also include any relevant
medical justifications for the treatment rendered.
(5) WITSEC Claims. Claims filed by inmates in the Witness
Security Program (WITSEC) must be handled in the same manner as
other claims except all correspondence and the resulting
investigation must be sent through the Inmate Monitoring Branch,
Correctional Programs Division.
[d. Who will decide my administrative claim? The Regional
Counsel or his or her designee reviews the investigation and the
supporting evidence and renders a decision of all claims properly
filed in the regional office and within regional settlement
authority. The Regional Counsel has limited settlement authority
(up to an amount established by the Director, Bureau of Prisons).

PS 1320.06
8/1/2003
Page 7
After considering the merits of the claim, the Regional Counsel
may deny or propose a settlement of the claim. The General
Counsel will investigate and propose settlement for all claims
properly filed in the Central Office in accordance with delegated
settlement authority. If the proposed settlement exceeds the
General Counsel’s authority, the General Counsel will seek
approval from the appropriate Department of Justice officers.
e. Will my claim be reviewed by or referred to the Central
Office? If the Regional Counsel recommends a proposed settlement
in excess of the settlement authority, the claim will be
forwarded, with a recommendation, to the Office of General
Counsel, Central Office for their review.
f. Will appreciation or depreciation be considered? Yes.
Staff will consider appreciation or depreciation of lost or
damaged property in settling a claim.]
Depreciation guidelines and Table of Rates of Depreciation are
provided in DOJ Order 2110.23C (available on BOPDOCS).
[g. If my claim is denied or I am dissatisfied with a
settlement offer, what are my options? If your claim is denied
or you are dissatisfied with a settlement offer, you may request,
in writing, that the Bureau of Prisons reconsider your claim in
the administrative stage. You should include additional evidence
of injury or loss to support your request for reconsideration.
If you are dissatisfied with the final agency action, you may
file suit in an appropriate U.S. District Court as no further
administrative action is available.]
If the Regional Counsel reviews a claim and determines that a
settlement is in the best interest of the government, a
settlement offer may be made to the claimant.
The Regional Counsel have settlement authority up to $50,000,
except for claims alleging medical malpractice. All medical
malpractice settlements should be forwarded to the General
Counsel for approval. If a settlement agreement will likely
exceed $50,000, or the claim involves allegations of medical
malpractice, Regional Counsel must request settlement authority
from the General Counsel before negotiating a settlement amount.
The General Counsel has settlement authority up to $50,000.
If a proposed settlement agreement is more than $50,000, the
agreement must be approved by the General Counsel and the Torts
Branch, Civil Division, Department of Justice.

PS 1320.06
8/1/2003
Page 8
Regional Counsel are to provide the Office of General Counsel
with the complete investigation report and copies of all
supporting materials (as described in implementing text above),
all information on the merits of the claim, and a recommendation
for the claim's disposition. If the recommended settlement
agreement exceeds $50,000, the proposed settlement agreement will
be forwarded, with information on the claim's merits to the Torts
Branch, Civil Division, Department of Justice for final approval.
Settlement of claims over $2,500 will be forwarded to the
Judgment Fund Section, Financial Management Service, Department
of Treasury for payment.
Payment of claims for $2,500 or less will be paid from
institution funds of the institution where the claim arose.
[h. What if I accept a settlement of my claim? If you accept
a settlement, you give up your right to bring a lawsuit against
the United States or against any employee of the government whose
action or lack of action gave rise to your claim.
i. How long will it take to get a response? Generally, you
will receive a decision regarding your claim within six months of
when you properly file the claim. If you have not received a
letter either proposing a settlement or denying your claim within
six months after the date your claim was filed, you may assume
your claim is denied. You may proceed to file a lawsuit in the
appropriate U.S. District Court.]
9. INSTITUTION SUPPLEMENT. Each institution will develop an
Institution Supplement detailing procedures for conducting
investigations under Section 8.c.

/s/
Harley G. Lappin
Director


U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

CPD
5290.14
4/3/2003
Admission and
Orientation Program

1. PURPOSE AND SCOPE. To require each inmate committed or
transferred to a Bureau of Prisons (Bureau) institution to
participate in the institution's Admission and Orientation (A&O)
Program. The Warden will ensure that staff involved with this
program offer each newly committed inmate an orientation to the
institution, to include information on institutional requirements
and, whenever practicable, visits to the various areas of the
institution. The institution A&O Program must also provide the
inmate with an awareness of the:
a.
b.
c.

Inmate's rights and responsibilities;
Institution's program opportunities; and,
Institution's disciplinary system.

Pretrial inmates and inmates in holdover status (en route to a
different institution) are excluded from the provisions of this
PS (except as provided in Sections 7.a. and 7.b.).
An effective A&O Program provides inmates with valuable
information regarding institution and unit regulations,
operations, and program opportunities. In addition, A&O
programs provide staff with an opportunity to identify and assist
inmates who may be experiencing difficulty adjusting to
incarceration.
The Bureau’s A&O Program consists of two separate and distinct
components:
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an Institution component and
a Unit component.

PS 5290.14
4/3/2003
Page 2
Institution A&O programs, whether centralized or decentralized,
provide inmates with general information regarding institutionwide regulations, operations, and program opportunities. Unit
A&O programs, on-the-other-hand, provide information that is unit
specific and only for inmates assigned to that unit.
2. SUMMARY OF CHANGES.
change:

This revision includes the following

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Rules language has been removed from bolded text; however,
all of the rules language has been retained as non-bolded
implementing text. This means that former rules language no
longer exists as rules in the Code of Federal Regulations,
but is now policy language instead.

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The reference to the Immigration and Naturalization Service
in Section 6.b. is changed to the Bureau of Immigration and
Customs Enforcement (BICE) reflecting the organizational
change brought about by the creation of the Department of
Homeland Security.

3. PROGRAM OBJECTIVES.
are:

The expected results of this program

a. Each inmate committed to a Bureau institution will
participate in both components of the A&O Program which have been
approved by the Warden.
b. Inmates will be provided an opportunity to receive
extensive information regarding institution operations, program
availability, inmate rights and responsibilities, and the
Bureau’s disciplinary process.
c. Inmates will be provided an opportunity to meet with their
assigned unit team to receive more specific information relative
to their unit.
d. Inmates identified as having problems coping with
incarceration will be identified and assisted.
e. An inmate’s participation in the A&O Program will be
documented.
f. Time frames for completing the A&O Program will be
maintained.

PS 5290.14
4/3/2003
Page 3
DIRECTIVES AFFECTED

4.

a.

Directive Rescinded
PS 5290.13

b.

Directives Referenced
PS 1505.03
PS 5264.07
PS 5290.12
PS 5322.11
PS 7331.04

5.

Admission and Orientation Program (7/23/02)

Language Translations Used in Official
Documentation (10/31/97)
Telephone Regulations for Inmates (1/31/02)
Intake Screening (3/16/99)
Classification and Program Review of Inmates
(3/11/99)
Pretrial Inmates (1/31/03)

STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards
for Adult Correctional Institutions: 3-4216, 3-4272, 3-4273,
3-4274, 3-4275, 3-4276, 3-4277, and 3-4278
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-4A-01 and 3-ALDF-4A-02
c. American Correctional Association Second Edition Standards
for the Administration of Correctional Agencies: 2-CO-4A-01
6. DEFINITIONS. The following terms are defined for the
purposes of this PS:
a. Holdover. An un-sentenced or sentenced inmate who is
temporarily housed at an institution for the purpose of a federal
writ or warrant of removal; a parole violator, special parole
term violator, mandatory release violator, awaiting a disposition
hearing; a convicted state prisoner on a federal writ or nonfederal detainer; a state co-op; or a sentenced inmate being
transported to his or her initial designated facility.
b. Detainee. An un-sentenced inmate held in custody. This
includes Bureau of Immigration and Customs Enforcement (BICE),
formerly the Immigration and Naturalization Service (INS),
detainees held in custody for the BICE. (See the SENTRY General
Use Manual for appropriate codes).
c. Assigned Unit. The official housing unit the inmate will
be living in while at the institution.

PS 5290.14
4/3/2003
Page 4
d. “Central” A&O Unit. A unit which temporarily houses all
newly committed inmates specifically for participation in the
institution A&O Program.
e. Temporary Unit. A unit which temporarily houses inmates
due to the lack of bed-space in the inmate’s assigned housing
unit.
f. Inmate Handbook/Orientation Materials. Reference material
provided to an inmate regarding the institution’s procedures,
operations, and program opportunities.
g. “Master” Checklist. The original form BP-S518 which is
used to document the date and instructor for each A&O class
presented in the institution A&O Program.
7.

PRETRIAL, HOLDOVER, AND/OR DETAINEE PROCEDURES

a. Normally, pretrial inmates are not required to participate
in either component (institution or unit) of the Bureau’s A&O
Program (see Section 1 of this PS). However, for the safety and
security of the institution as well as other inmates and staff,
pretrial inmates at least, must receive and acknowledge receipt
of the following information/forms:
(1)

Inmate Rights and Responsibilities;

(2)

The Bureau’s Prohibited Acts and Disciplinary System;
and

(3)

Completion of the Inmate Acknowledgment forms
(BP-S407/408).

Providing other information, material, and/or forms is optional
at the Warden’s discretion.
At the Warden’s discretion, pretrial inmates may also be given
the institution’s A&O handbook or materials, particularly if an
extended pretrial status is anticipated. Finally, in some cases,
the Warden may require pretrial inmates to participate in a full
or modified Unit A&O program.
The above information/forms must be filed in the inmate’s drop
file or in section 3 of the Inmate Central File.

PS 5290.14
4/3/2003
Page 5
b. Normally, holdover inmates are not required to participate
in either component (institution or unit) of the Bureau’s A&O
Program (see Section 1 of this PS). However, for the safety and
security of the institution, other inmates, and staff, holdover
inmates at least, must receive and acknowledge receipt of the
following information/forms at their first holdover facility:
(1)

Inmate Rights and Responsibilities;

(2)

The Bureau’s Prohibited Acts and Disciplinary System;
and

(3)

Completion of the Inmate Acknowledgment forms
(BP-S407/408).

Once holdovers have received the above information and forms,
they need not be provided them again at subsequent en-route
institutions except as noted below.
Note:

Completing and/or verifying the information provided on
the Inmate Acknowledgment form (BP-S408) is required at
each holdover facility (refer to Program Statement on
Intake Screening for procedures regarding completion of
the BP-S408).

Providing other information, materials and/or forms is optional
at the Warden’s discretion.
Ordinarily, inmates in holdover status move promptly to their
designated institution and therefore, traditional A&O programming
is not effective. However, at the Warden’s discretion, holdover
inmates may also be given the institution’s A&O handbook or
materials, particularly if an extended holdover status is
anticipated. Finally, in some cases, the Warden may require
holdover inmates participate in a full or modified Unit A&O
Program.
c. Inmates initially housed in the Special Housing Unit (SHU)
will be provided, during the Intake Screening process, with
information regarding SHU safety and operation procedures. This
can be accomplished by providing written material or through
discussion.
d. The housing Unit Officer will provide safety and operation
procedures information to inmates initially housed in general
population as specified in Section 9.c.(2) of this PS.

PS 5290.14
4/3/2003
Page 6
e. Acknowledgment of receipt of the information/forms
indicated in 7.b.(1)(2) and (3) of this Program Statement must be
filed in the inmate’s drop file or in section 3 of the Inmate
Central File.
f. BICE detainee inmates will participate in both components
(Institution and Unit) of the A&O Program, unless they have
previously participated in an A&O Program at the current
institution.
Non BICE detainees need not participate in the A&O Program,
however, for the safety and security of the institution and other
inmates and staff, detainee inmates at least, must receive and
acknowledge receipt of the following information/forms:
(1)

Inmate Rights and Responsibilities;

(2)

The Bureau’s Prohibited Acts and Disciplinary System;
and,

(3)

Completion of the Inmate Acknowledgment forms
(BP-S407/408).

Inmates initially housed in the SHU will be provided with
information regarding SHU safety and operation procedures during
the Intake Screening process. This can be accomplished by
providing written material or through discussion.
Inmates initially housed in general population will be provided
safety and operation procedures by the housing Unit Officer as
specified in Section 9.c.(2) of this PS.
Acknowledgment of receipt of the above information/forms
(7.c.(1), (2), and (3)) must be filed in the inmate’s drop file
or in section 3 of the Inmate Central File.
8. RESPONSIBILITY. The Warden will assign to a staff member the
responsibility to coordinate the institution's A&O Program. The
Warden will assign the A&O Coordinator's role to an experienced
staff member and, ordinarily, this role will not delegated below
the department head level, to ensure that the institution’s A&O
Program’s goals and objectives are being met.
Ordinarily, oversight responsibility over the A&O Coordinator and
program is assigned to an Associate Warden.
Unit Managers will be responsible for developing and monitoring
the A&O Program for their unit(s).

PS 5290.14
4/3/2003
Page 7
a. Information Preparation. Staff involved in the lecture
portion of the A&O Program must develop an outline of the
information they wish to include in their presentation.
The Associate Warden will ensure each department presenting
lecture material develops a lesson plan which contains pertinent
and thorough information regarding the topic. The A&O
Coordinator will maintain lesson plans which must be reviewed
annually.
Staff must develop written orientation materials to supplement
lectures and discussions.
Institutions may develop an Inmate Handbook and/or provide
inmates with written materials to supplement the A&O Program.
There may be some topics or presentations which will not require
using reference materials. Such materials are not intended to
replace lectures and group discussions; however, inmates
classified as pretrial, holdovers, or detainees may receive
written material to read in lieu of lectures and/or group
discussions.
b. Literacy Problems. When a literacy problem prevents an
inmate from understanding A&O information, a staff member will
offer that inmate assistance. If an institution has a
significant number of non-English-speaking inmates, A&O Program
information (including written materials) must be made available
in the appropriate language(s).
During the A&O process, any inmate not fluent in English should
be advised of the availability of translated documents. (Refer to
the Program Statement on Language Translations Used in Official
Documentation for additional information regarding the
translation of material).
c. Inmates with Emotional Stress. A staff member involved in
the A&O Program who believes that an inmate is experiencing
significant emotional stress must notify the A&O Coordinator so
that the inmate may be offered appropriate assistance.
The A&O Coordinator will notify the appropriate institution
personnel (i.e., psychology staff) for further evaluation and
assistance.

PS 5290.14
4/3/2003
Page 8
9.

GUIDELINES FOR AN ADMISSION AND ORIENTATION PROGRAM

a. Location. Each Warden must determine the appropriate
location for the institution's A&O Program.
b. Quarters. Each Warden must establish procedures for the
assignment of living quarters.
c. Activities. The A&O staff coordinator is to ensure that
the A&O Program provides a full schedule of activities in which
each newly committed inmate may participate. Scheduled
activities must include exposure to programs responsive to the
inmate’s specialized need, as well as exposure to various work
assignments, education programs, and physical and social
activity.
The A&O Program will include, at a minimum, all areas
identified on the Institution (BP-S518) and Unit (BP-S597)
Checklists. Blank spaces are provided on both forms to include
additional programs or topics the institution or unit identify
that are unique to that institution or unit.
Audiovisual presentations may be used when, for security or
other significant reasons, it is not practical for inmates to
attend A&O programming. This option should be used only in
exceptional circumstances and must have the Warden’s written
approval.
The Associate Warden may exempt an inmate from participating in
the institution/unit A&O Program when health services staff
determine that the inmate is medically or mentally incapable of
participating in the program fully. Once the inmate is capable
of participating, he/she will no longer be exempted from the
program. Documentation is to be filed in section 2 of the
Privacy Folder of the Inmate Central File.
d. A&O Program Components. The A&O Program consists of two
distinct components; Institution A&O and Unit A&O. The Intake
Screening process, which is considered the first step in
orienting an inmate to the institution, is completed prior to
participating in the A&O Programs. (Refer to the Program
Statement on Intake Screening for specific information provided
during the Intake Screening process).
(1) Institution A&O. This component provides instruction
and/or information to inmates regarding topics identified on the
Institution A&O Checklist. This includes mandatory national
policy issues as well as local issues and procedures.

PS 5290.14
4/3/2003
Page 9
Ordinarily, this segment will be completed within four weeks of
an inmate’s arrival at the institution.
It is highly recommended that inmates complete the
institution portion of the A&O Program prior to their initial
classification; however, this is not mandatory. Note that old
law violators (Mandatory Release, Parole, and Special Parole Term
and Old Law Supervised Release Violators) are ordinarily
classified within two weeks of their arrival at the institution.
Inmates initially housed in a SHU will be required to
complete the institution A&O Program ordinarily within four weeks
after he or she has been released to general population.
(2) Unit A&O. This component consists of a Safety
Orientation and Unit Security Overview which the Unit Officer
provides, and a unit orientation which unit staff provide.
(a) The Unit Officer will provide the Safety Orientation
and Unit Security Overview on the day the inmate arrives in the
unit (assigned or temporary) and no later than by the end of the
day (lights out). This segment will include information about
safety issues (i.e., fire escape procedures, sanitation, smoking
rules, etc.), and the unit’s security procedures (i.e., counts,
accountability, searches, passes, wake-up/lights out, etc.).
When this component is completed, the Unit Officer will sign and
date the appropriate section of the BP-S597.
Note:

An inmate initially housed in a SHU will be
provided this information as specified in
Section 7.b. of this Program Statement.

Due to the special mission of certain units such as a
“central” A&O Unit, a temporary unit, or a SHU, an inmate who
transfers from this type unit to an assigned unit will be
provided a safety orientation and security overview by the Unit
Officer of the assigned unit. Topics which are consistent
throughout the institution do not need to be readdressed;
therefore, only those topics which are unique to the unit or
differ from procedures in other units in the institution need to
be addressed. The Unit Officer will document completion on the
BP-S597 in the assigned Unit Officer’s signature block.
(b) Unit Orientation will include an overview of each
unit staff member’s role and procedures. Unit staff (Unit
Manager, Case Manager and Counselor) may present their sections

PS 5290.14
4/3/2003
Page 10
of the orientation jointly or individually; however, all sections
of this component must be completed within seven calendar days
after the inmate arrives in the assigned unit. Unit staff will
sign and date their section of the BP-S597 when completed.
(c) Inmates reassigned to another unit within the
institution for any reason will be provided unit orientation
within seven calendar days after that inmate’s arrival in the
reassigned unit. Only those topics which are unique to the unit
or differ from procedures in other units in the institution need
to be addressed. A new BP-S597 will be completed when an inmate
is transferred from one unit to another within the same
institution.
e. Telephone Calls. Ordinarily, newly committed inmates will
be permitted to complete at least two local or long distance
phone calls during the admission process, in accordance with the
Program Statement on Telephone Regulations for Inmates.
f. Length of A&O Program. An inmate's involvement in the
institution's A&O Program is based on the time necessary to
accomplish the program's objectives.
The Warden will determine the length of the institution’s A&O
Program. Presenters should have sufficient time to address each
topic on the Institution A&O Program Checklist thoroughly, and
address inmate questions and/or concerns.
g. Documentation of A&O Program Involvement. Staff must
document that the inmate has received a copy of the institution's
inmate handouts and has completed the institution's A&O Program.
Staff will have the inmate sign and date a copy of this document.
The original document is to be placed in the Inmate's Central
File. Completion of A&O programing will be documented on both
the Institution A&O Checklist form (BP-S518) and the Unit A&O
Checklist form (BP-S597).
In addition, documentation that the inmate received orientation
information during the Intake Screening process will also be
noted on the Intake Screening form.
(1) Unit A&O Checklist Form (BP-S597).
been revised to include the following:
!

The BP-S597 has

An additional Unit Officer signature block has been
added to the form for the Unit Officer of a “central”
A&O unit or a temporary unit to sign and date
indicating he/she provided a safety orientation and

PS 5290.14
4/3/2003
Page 11
unit security overview to the newly arrived inmate in
that unit;
!

An additional inmate signature block has been added to
the form for the inmate temporarily housed in a
“central” A&O unit or temporary unit to sign indicating
he/she received a safety orientation and unit security
overview while in that unit;

Staff are to indicate in the specified section of the form:
!

the inmate’s initial housing unit (assigned unit, A&O
unit, overflow unit, or SHU) and date received;

!

the date of transfer from a temporary unit or a
“central” A&O unit to an assigned unit, if applicable;
and

!

the date of transfer from a SHU to a “central” A&O unit
or overflow unit, if applicable.

Unit staff providing Unit orientation will sign each
inmate’s Unit A&O Checklist individually upon completing their
section. When all areas have been presented, staff will request
the inmate sign and date the form. The BP-S597 form will be
filed in Section 3 of the Inmate Central File.
(2) Institution A&O Checklist Form (BP-S518). The Warden
has the option of either having each presenter sign each inmate’s
BP-S518 individually or using a “Master” BP-S518.
Using a “Master” A&O Checklist will require each presenter
involved in the institution A&O Program to sign and date the
“Master” BP-S518 upon completing his or her presentation. The
last presenter will sign the BP-S518 prior to presenting his or
her material to the class. This allows the A&O Coordinator time
to make copies of the original checklist (“Master”) prior to the
end of the presentation, for distribution to each inmate
participant to sign and date.
The signed copy will then be collected from each inmate and
forwarded to the appropriate unit for filing in section 3 of the
Inmate Central File.
The A&O Coordinator will maintain the “Master” Checklist and
a list of the inmate participants for each A&O class instructed
for three years or until the next Program Review.

PS 5290.14
4/3/2003
Page 12
The BP-S518 and BP-S597 may be duplicated back-to-back or
used separately, depending on which method is most efficient for
the institution’s A&O Program. The approved procedure must be
addressed in the Institution Supplement and used throughout the
institution.
Note:

10.

Neither form may be modified except for the adding
topics or programs the institution or unit
identified.

REQUIRED FORMS

!

Institution A&O Checklist (BP-S518) (form will be dated the
same as the Program Statement)

!

Unit A&O Checklist (BP-S597) (form will be dated the same as
the Program Statement)

11. INSTITUTION SUPPLEMENT. Each Warden will issue an
Institution Supplement that establishes local procedures for
implementing the A&O Program.
The institution will involve the Regional Office and Correctional
Programs Administrator in developing and issuing the Institution
Supplement.
The Institution Supplement will:
!

Designate an A&O Coordinator and specify oversight
responsibility over the program;

!

Indicate the location for conducting the Institution A&O
Program;

!

Outline procedures to ensure lesson plans are developed for
each topic in the institution A&O Program;

!

Outline procedures to review and update lesson plans
annually;

!

Address whether the Unit A&O Form (BP-S597) will be separate
or duplicated on the back of the Institution A&O Checklist
(BP-S518);

!

Address whether the Institution A&O Checklist (BP-S518) will
be individually signed by each presenter or whether a
“Master” A&O Checklist will be used;

PS 5290.14
4/3/2003
Page 13
!

Establish procedures to track and reschedule those inmates
who do not complete all the topics covered in the A&O
Program;

!

Establish procedures for assigning living quarters including
reference to smoking preference;

!

Provide guidelines for the development and content of Inmate
Handbooks, and/or written material to be distributed to
inmates; and

!

Determine the extent and scope of the orientation provided
to inmates who are not required to participate in the
institution and unit A&O Program.

/s/
Kathleen Hawk Sawyer
Director


U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

CPD
7331.04
1/31/2003
Pretrial Inmates

1. [PURPOSE AND SCOPE §551.100. In addition to convicted
inmates, the Bureau of Prisons houses persons who have not been
convicted. Procedures and practices required for the care,
custody, and control of such inmates may differ from those
established for convicted inmates. Pretrial inmates will be
separated, to the extent practicable, from convicted inmates.
Except as specified by this rule, policies and standards
applicable to persons committed to the custody of the Attorney
General or the Bureau of Prisons apply also to pretrial inmates
as defined in §551.101.]
§551.101 refers to Section 7 of this Program Statement.
2. SUMMARY OF CHANGES. Definitions are given for deportable
aliens and excludable aliens. Deportable alien detainees are
subject to this PS’ requirements.
The term holdover is defined, and the SENTRY assignments
associated with holdovers are explained.
Procedures for searching a pretrial inmate who is charged with a
misdemeanor or committed for civil contempt are explained.
Notification requirements when a pretrial inmate receives
medication have been defined in the section on medical,
psychiatric, and psychological care.
Notification requirements when disruptive behavior occurs or
disciplinary action is taken have been defined.
[Bracketed Bold - Rules]
Regular Type - Implementing Information

PS 7331.04
1/31/2003
Page 2
Procedures for developing the Institution Supplement have been
simplified.
3. PROGRAM OBJECTIVES.
are:

The expected results of this program

a. Pretrial inmates will be separated to the extent
practicable from convicted inmates. When this is not
practicable, staff will screen and assess pretrial inmates,
permitting those who do not present a risk to the security or
orderly running of the institution to have regular contact with
convicted inmates.
b. Pretrial inmates will not be required to work (other than
housekeeping tasks in their cells or community living area),
unless they waive their right not to work.
c. An initial assessment of pretrial inmates will be conducted
within 48 hours of admission.
d. Pretrial inmates will be offered the opportunity to
participate in institution programs and services as is consistent
with safety and the orderly running of the institution.
e. The status of pretrial inmates will be reviewed regularly
and each time they return from court.
DIRECTIVES AFFECTED

4.

a.

Directive Rescinded
PS 7331.03

b.

Pretrial Inmates (11/22/94)

Directives Referenced
PS 1315.07
PS 1505.03
PS 5111.03
PS 5270.07
PS 5290.12
PS 5800.12
PS 6000.05

Legal Activities, Inmate (11/5/99)
Language Translations Used in Official
Documentation (10/31/97)
Mariel Cuban Detainees (10/25/99)
Inmate Discipline and Special Housing Units
(12/29/87)
Intake Screening (3/16/99)
Receiving and Discharge Manual (12/31/97)
Health Services Manual (9/15/96)

c. Rules cited in this Program Statement are contained in
28 CFR 551.100-120.

PS 7331.04
1/31/2003
Page 3
5.

STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for
Adult Correctional Institutions: 3-4263, 3-4272, 3-4343, 3-4344,
3-4374, and 3-4375
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-3E-02, 4A-01, 4B-03,
4E-19, 4E-20, 4E-44, 4E-45, and 5A05
6. BACKGROUND. Normally, pretrial inmates are housed in
administrative institutions that include Metropolitan Detention
Centers (MDCs), Federal Detention Centers (FDCs), and
Metropolitan Correctional Centers (MCCs). These institutions may
also house convicted inmates awaiting sentencing or movement to
designated institutions, or sentenced inmates who require further
court appearances.
Other types of Bureau institutions also house pretrial inmates.
Specific areas within these institutions have been designated for
housing pretrial inmates. Several institutions also operate jail
units which are in separate buildings adjacent to the main
institution but are considered part of that institution. The
Bureau also operates the Federal Transfer Center (FTC) in
Oklahoma City, Oklahoma.
Title 18 U.S.C. § 3142(i)(2) states that pretrial inmates are to
be separated, "to the extent practicable, from persons awaiting
or serving sentences or being held in custody pending appeal."
What is practicable is contingent upon the individual
institution’s design, structure, and operation. When it is not
practicable to keep pretrial inmates separate, after intake
screening and assessment, staff may permit, based upon sound
correctional judgment, pretrial inmates who do not present a risk
to the institution’s security or orderly running to have regular
contact with convicted inmates.
Pretrial inmates may not be compelled to work other than to
perform housekeeping tasks in their cells and in the community
living area. Pretrial inmates will be given the opportunity to
waive their right not to work in order to participate in
institution work programs (see Section 9.i.).
Pretrial inmates identified by management staff as inappropriate
for housing with convicted inmates will be, to the extent
practicable, housed separately from convicted inmates. This
housing is to be accomplished while imposing the least
restrictive constraints consistent with security needs and
following sound correctional judgment.

PS 7331.04
1/31/2003
Page 4
In addition to the definitions provided in Section 7, pretrial
inmates are U.S. Marshals Service (USMS) prisoners. A Memorandum
of Understanding (MOU) exists between the Bureau and the USMS.
From the MOU, a procedural memorandum established a fixed number
of beds for the USMS at specific Bureau institutions. The USMS
is also responsible for operating the Justice Prisoner and Alien
Transportation System (JPATS). Inmates defined in Section 7 may,
therefore, occupy USMS beds; however, rules language does not
apply to holdover inmates.
7.

[DEFINITIONS §551.101

a. Pretrial inmate. For purposes of this rule, "pretrial
inmate" means a person who is legally detained but for whom the
Bureau of Prisons has not received notification of conviction.
Thus, "pretrial inmate" ordinarily includes a person awaiting
trial, being tried, or awaiting a verdict.]
The term "pretrial inmate" also includes a person awaiting
sentencing after having pleaded or been found guilty when the
Bureau has not received notification of conviction. See the
implementing information in Section 11.d. for procedures
regarding notification of conviction.
[(1) Civil contempt, deportable aliens, or material
witnesses. For purpose of this rule, an inmate committed for
civil contempt, or as a deportable alien, or as a material
witness is considered a pretrial inmate.]
Deportable alien detainees housed in Bureau detention
institutions, e.g., FDCs, MDCs, contract detention facilities,
and jail units, are considered pretrial inmates for this PS’
purposes.
An excludable alien, e.g., an alien who is apprehended while
attempting to enter the U.S. and who is inadmissible under U.S.
law, is not considered a pretrial inmate. Mariel Cuban
detainees, for example, are excludable aliens.
These detainees are likely to be confined in Bureau
institutions for extended periods of time and do not have all the
constitutional rights and protections guaranteed to citizens,
sentenced alien inmates, and deportable alien detainees.
Generally, they are housed in a general population setting, where
they have been designated, and are eligible to participate in
programs made available to sentenced inmates. Refer to the
Program Statement on Mariel Cuban Detainees.

PS 7331.04
1/31/2003
Page 5
Some Bureau institutions provide a specific number of beds
for the Immigration and Naturalization Service (INS) to house
detainees. These detainees are given the SENTRY Arrival and
Release Status (ARS) assignment of A-INS. For this PS’ purposes,
these INS detainees are also considered pretrial, but are not the
USMS’ responsibility.
See Section 11.b. for housing separation guidelines for
deportable alien detainees who are in Bureau custody immediately
upon completion of a sentence for a felony conviction. When an
INS detainee's immigration status is not known, institution staff
should contact the local INS office for clarification.
[(2) Mental evaluation or treatment. An inmate committed
under Title 18 U.S.C. Sections 4241(b) and (d), 4242(a), or
4243(b) is considered to be a pretrial inmate, whereas
commitments under Sections 4243(e), 4244, 4245 or 4246 are
treated as convicted inmates.
(3) Concurrent federal and state sentences. For purpose of
this rule, an inmate in a status described in paragraph (a)
introductory text, (a)(1), or (a)(2) of this section and who is
at the same time serving a state or federal sentence is not
considered a pretrial inmate.
b. Convicted inmate. For purposes of this rule, an individual
a court has found guilty of an offense punishable by law.]
The term "convicted" refers to an inmate’s current status; an
inmate who has completed service of any and all sentences imposed
by a court is not considered to be a convicted inmate for this
PS’ purposes.
c. Holdover. 28 CFR 541.22 defines a holdover as a person “en
route to a designated institution.” For this PS’ purposes,
holdovers are considered USMS prisoners. However, because they
are convicted, they are not subject to the rules for pretrial
inmates.
Holdovers occupy beds allocated to the USMS at Bureau
institutions. A Bureau holdover (A-BOP HLD) is a Bureau inmate
transferring from one Bureau institution to another. The purpose
of this ARS assignment is to help assign financial responsibility
for medical care.

PS 7331.04
1/31/2003
Page 6
The term “holdover,” identified by the ARS of A-HLD, includes
an inmate who has been:
•
•
•

convicted but not yet sentenced, or
sentenced but not yet designated, or
designated but not received at the initial designated
facility.

8. [COMMITMENT PRIOR TO ARRAIGNMENT §551.102. On receipt of a
U.S. Marshal remand, the Bureau of Prisons shall accept an
individual who has not been arraigned for commitment as a
pretrial inmate, provided that the institution has appropriate
detention facilities available for that individual.]
Pretrial inmates are to be admitted in accordance with procedures
in the Receiving and Discharge Manual.
9. [PROCEDURE FOR ADMISSION §551.103. Staff in administrative
institutions or institutions with administrative components
housing U.S. Marshals' prisoners shall establish procedures for
admitting a pretrial inmate which include, but are not limited
to:
a.

Verification of commitment papers;]

Staff will obtain information from the USMS or arresting agent
which may reflect on the inmate's behavior or offense severity.
The receiving officer or other designated staff will:
•
•
•
[b.

question the USMS staff about separatees,
identify other special security or medical precautions,
and
ensure this information is included on the U.S. Marshal
Remand to Custody form.
Search of the inmate;

Pretrial inmates charged with misdemeanors or committed for
civil contempt may not be visually searched unless there is
reasonable suspicion that they are concealing a weapon or other
contraband or they consent, in writing, to a visual search. If
these inmates are not visually searched, they must be housed in
an area separate from all other inmates (see the Receiving and
Discharge Manual).
c.

Photographing and fingerprinting;

PS 7331.04
1/31/2003
Page 7
d.

Disposition of clothing and personal possessions;]

Procedures will be established with arresting agencies
regarding disposal of property which:
•
•
•
[e.

cannot be stored at the institution,
presents a security risk, or
is mailed easily to the arrestee's residence.
Intake screening (including Notice of Separation);]

The staff member conducting intake screening will advise the
pretrial inmate, depending upon the institution’s design,
structure, and operation, that the inmate may have contact with
convicted inmates. The inmate is to be asked to sign the Notice
of Separation segment of the Federal Prison System Pretrial
Inmate Work Waiver/Notice of Separation form (BP-S203).
If the inmate refuses to sign this form, staff will document
this refusal on the form.
[f. Providing institution guidelines governing telephone calls
(including procedures for making unmonitored calls to an
attorney);
g.

Provisions for personal hygiene, to include:
(1)

Issue of personal hygiene items;

(2)

Issue of clean clothing; and

(3)

Opportunity for shower and hair care;

h.

Orientation;]

Pretrial inmates are not required to participate in the
institution’s Admission and Orientation (A&O) program, but they
are required to receive a copy of both the A&O and the Inmate’s
Rights and Responsibilities pamphlets. If staff do not use the
SENTRY-generated intake screening form, they will devise a form
to document that pretrial inmates have received a copy of both.
[i.

Opportunity for waiver of right not to work;]

Pretrial inmates are given the opportunity to waive the right
not to work. Inmates may decide to waive, or rescind a waiver,
at any time. The work waiver portion of BP-S203 must be used to
document the waiver or its rescission.

PS 7331.04
1/31/2003
Page 8
[j.

Assignment to an appropriate housing unit.]

Thorough screening and good professional judgment are essential
to ensure pretrial inmates' safety and security. The screening
process should identify seriously ill, violent, aggressive,
escape risk, or high profile inmates who require closer
supervision.
If a pretrial inmate is charged with a misdemeanor or committed
for civil contempt, see Section 9.b, Search of the Inmate,
regarding housing.
10. INTAKE SCREENING AND ASSESSMENT OF PRETRIAL INMATES. Within
the first 48 hours of admission, an initial risk/needs assessment
must be made. A systematic procedure for interviewing pretrial
inmates thoroughly minimizes risks. Procedures specified in this
section are to augment those in the Program Statement on Intake
Screening.
a. Unit Staff. Typically, staff conducting intake screening
are unit managers, case managers, correctional counselors, and
physician assistants; however, the Warden may identify other
staff based on institution capabilities and needs. Institution
Supplements must also provide for screening inmates returning
from court, as events at court may alter the inmate's separation
and/or security needs.
b. Information Needed. Unit staff must actively seek
information which may reflect on the inmate's behavior or offense
severity, thereby helping to determine the inmate's security,
medical, psychological, and/or other special needs. Unit staff
should document an initial impression and make a recommendation
for housing to the unit manager.
Normally, the decision of a housing assignment for a pretrial
inmate is not delegated below the unit manager level. Alternate
procedures may be implemented based on institution needs only
with specific written guidelines the Warden approved.
The inmate is to be interviewed using the Pretrial Inmate
Interview form (BP-S562). When indicated, contact is to be made
with other agencies to seek additional information. Sufficient
information must be available to identify the inmate's risk/needs
adequately.
Information obtained during the initial intake screening and
subsequent interviews will be documented, placed into the
Inmate's Central File, and used in following reviews.

PS 7331.04
1/31/2003
Page 9
(1) Assessment Sources. Information required for an
accurate risk/needs assessment may be obtained from the following
sources:
•
•
•
•
•
•
•
•
•
•
•
•
•

U.S. Marshal Remand Form and accompanying booking
information- both verbal and written
Medical/psychological screening
Intake screening information
Pretrial Services (bond information, prior record,
and U.S. Probation Officer (USPO) report)
Arresting agency
U.S. Attorney's Office
U.S. Marshals Service
Prior institution reports (federal, state, and
local)
Inmate interview
Medical reports
Defense attorney
Inmate's family
SENTRY.

(2) Assessment Information. The following is the type of
information used to determine an inmate's security requirements
and health/psychological needs:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Separatee information
Prior criminal history
Record of violence
Escape or attempted escape (secure or non-secure
facility, etc.)
Current offense/charge
Prior institutional adjustment
Age
Behavior/attitude during intake screening
Special needs (psychological, medical, suicide
risk)
Alcohol or drug abuse
Detainer or other pending charges
Bond information
Group affiliations (gangs, cartel, organized
crime, prior law enforcement, identifying marks
such as tattoos)
Notoriety, high profile cases in the media
Potential length of sentence.

c. Physician Assistant. An initial assessment of an inmate’s
medical and mental health status is made during the intake
screening and medical interviews. A physician assistant or other

PS 7331.04
1/31/2003
Page 10
medical staff identified by the Warden, must conduct the
screening.
The Warden will establish procedures with the local USMS and
other appropriate federal agencies for those new arrestees who
need medical care beyond that available at the institution. A
referral to a psychologist should be made at this stage if
indicated or requested by the inmate.
d. Non-English-Speaking Inmates. Efforts will be made to
communicate in an inmate's native language. Translations of
local documents, forms, and records may be used in accordance
with the Program Statement on Language Translations Used in
Official Documentation.
11. [HOUSING §551.104. To the extent practicable, pretrial
inmates will be housed separately from convicted inmates.]
A BP-S203 will be used for the Notice of Separation.
a. Security Threat Inmates. A pretrial inmate who presents a
risk to the institution’s security and orderly running will be
housed where appropriate security is provided. When
practicable, separation from convicted inmates must be
maintained. At each review, staff must consider whether that
inmate is appropriate for placement in less secure housing (see
Section 12).
b. Deportable Alien. A deportable alien detainee who is in
Bureau custody immediately after completing a sentence for a
felony conviction does not need to be housed in a pretrial or
special housing unit separate from convicted inmates.
Programming and work, other than housekeeping tasks in the
inmate's cell and in the community living area, remain voluntary.
c. SENTRY Review. Prior to any housing change, staff must
review SENTRY for possible separatees and other management
concerns and document this review in the Inmate's Central File.
d. Change In Status. Because pretrial inmates are to be
separated to the extent practicable from inmates who are
convicted and awaiting sentence, staff should verify as quickly
as possible the status of a pretrial inmate who is returning from
a court appearance and who had been separated from convicted
inmates. When a pretrial inmate is convicted and awaiting
sentencing, the inmate no longer needs to be separated from
convicted inmates.

PS 7331.04
1/31/2003
Page 11
When staff receive official notification that a pretrial inmate
has pleaded or been found guilty, the inmate is no longer
regarded as pretrial, and staff must change the ARS from pretrial
(A-PRE) to holdover (A-HLD) immediately, pending sentencing and
initial designation. The inmate will remain in holdover status
until received at the designated institution.
Close coordination with other agencies such as the U.S.
Attorney's Office, Clerk of the Court, Pretrial Services, USPO,
and USMS is encouraged.
e. Responsibility. The Warden will delegate responsibility
for supervising the housing area for pretrial inmates to a fulltime manager or supervisor, who may have collateral duties.
12.

[CUSTODY

§551.105

a. Staff ordinarily will supervise a pretrial inmate as if
classified "In" custody.
b. Where circumstances warrant, staff may supervise a pretrial
inmate according to procedures for other custody levels.]
For example, staff may consider a custody increase if
verifiable information is available to justify such action. A
memorandum approving this action, signed by the Warden, will be
maintained in the Inmate's Central File.
A reduction in custody requires the Regional Director's
approval. In making this decision, all relevant information will
be forwarded to the regional office for consideration. The
Regional Director will maintain a written record including
reasons for approval.
13. [INSTITUTIONAL EMPLOYMENT §551.106. Unless a pretrial
inmate signs a waiver of his or her right not to work, the Warden
may not require the inmate to work in any assignment other than
housekeeping tasks in the inmate's own cell and in the community
living area.]
The work waiver segment of the BP-S203 will be used.
14. [PRETRIAL INMATE REVIEWS §551.107. Staff shall conduct
regular reviews of a pretrial inmate's status.]

PS 7331.04
1/31/2003
Page 12
Wardens will identify unit staff responsible for conducting these
reviews. Unit staff are to use a variety of schedules to ensure
that these reviews take place. A unit team for pretrial inmates
must have, at a minimum, two unit staff selected from among the
unit manager, case manager, and counselor.
The unit manager is responsible for ensuring the scheduling of
pretrial inmate reviews and for determining whether the inmate
has been found guilty by the court of the offense since the last
review.
Typically, in any pretrial population there are high security,
high profile inmates who may pose significant threats to other
inmates, themselves, staff, or to the community. The need to
identify and monitor these inmates regularly is paramount.
Unit staff should be aware of court appearance dates and should
facilitate movement to an institution upon sentencing and
designation.
[a. Each pretrial inmate shall be scheduled for an initial
review by the unit team within 21 calendar days of the inmate's
first arrival at the institution, and subsequent reviews shall be
conducted at least every 90 days.]
The initial and subsequent reviews are to assess all factors
relating to the inmate's detention, including the practicability
of separation from convicted inmates.
[b. The inmate shall be notified at least 48 hours prior to
the inmate's scheduled review.
c. A pretrial inmate is expected to attend these reviews. If
the inmate refuses to appear, staff shall document in the record
of the meeting the inmate's refusal and, if known, the reason for
refusal.
d. Inmate reviews are to be documented on the Pretrial Inmate
Review Report.]
A BP-S561 will be used.
15. [PERFORMANCE PAY §551.108. The Warden may approve a
pretrial inmate for performance pay and special awards.]

PS 7331.04
1/31/2003
Page 13
16. [COMMUNITY ACTIVITIES

§551.109

a. The Warden may not grant a furlough to a pretrial inmate
(18 U.S.C. § 3622).
b. In an emergency, staff shall facilitate contact with the
pretrial inmate's attorney of record, who may seek from the court
a decision concerning release from custody or an escorted trip.]
In addition, staff are to notify the U.S. Attorney’s Office
assigned to the case and the USMS of the existing emergency.
Staff will document contact with each of these agencies in the
Inmate's Central File.
[c. Except by order of the court, a pretrial inmate may not be
considered for participation in community programs.]
The Warden will establish procedures with the USMS when it is
necessary to escort a pretrial inmate.
17.

[RELIGIOUS PROGRAMS

§551.110

a. When consistent with institution security and good order,
pretrial inmates may be allowed the opportunity to participate in
religious programs with convicted inmates.
b. Staff shall ensure that pretrial inmates who do not
participate in religious programs with convicted inmates have
access to other religious programs.]
18. [MARRIAGE §551.111. A pretrial inmate may request
permission to marry in accordance with current Bureau of Prisons
policy for convicted inmates. Staff shall contact the court,
U.S. Attorney, U.S. Marshals Service, and in the case of an
alien, the Immigration and Naturalization Service, to advise of
the marriage request of the pretrial inmate and to request their
comments.]
Staff will document all contacts with liaison officials in the
Inmate's Central File.
19. [EDUCATION

§551.112

a. A pretrial inmate may participate in correspondence and
self-study educational courses. Institutional staff may also
arrange for educational assistance to the pretrial inmate through
the use of contract personnel or community volunteers.

PS 7331.04
1/31/2003
Page 14
b. When consistent with institution security and good order,
pretrial inmates may have access to the institution's educational
program.]
20.

[COUNSELING

§551.113

a. When consistent with institution security and good order,
pretrial inmates may be allowed the opportunity to receive
counseling services with convicted inmates.
b. Staff shall ensure that pretrial inmates who do not receive
counseling services with convicted inmates have access to other
counseling services.]
21.

[MEDICAL, PSYCHIATRIC AND PSYCHOLOGICAL

§551.114

a. Staff shall provide the pretrial inmate with the same level
of basic medical (including dental), psychiatric, and
psychological care provided to convicted inmates.]
When a pretrial inmate is undergoing psychiatric evaluation or
treatment, local procedures will be developed to ensure medical
staff determine the competency of a pretrial inmate who requests
to waive his or her right not to work. If the inmate is not
competent to understand the consequences of signing the work
waiver, the inmate may not be compelled to work other than to
perform housekeeping tasks in the inmate’s own cell or in the
community living area.
[b. Staff shall advise the court, through the U.S. Marshal, of
medication the pretrial inmate receives which may alter the
inmate's courtroom behavior.]
Evaluation of the need for court notification must be made for
all medication contemplated for a pretrial inmate. Special care
must be taken when evaluating the possible impact of medication
which may be used to treat psychiatric conditions, even if the
instant proposed use is for a non-psychiatric condition.
A copy of all court notifications will be provided to the
U.S. Attorney’s Office and the inmate’s attorney. Notification
responsibilities may not be delegated below the department head
level.
Local procedures will be established with the USMS and the U.S.
Attorney’s office regarding the preferred method of notification.

PS 7331.04
1/31/2003
Page 15
Psychiatric Medication. For forensic pretrial inmates,
court notification should be made in accordance with the Health
Services Manual. For non-forensic pretrial inmates, court
notifications must occur as soon as possible.
[c. In event of serious illness or death of a pretrial inmate,
staff shall notify the committing court, U.S. Marshal, U.S.
Attorney's Office, the inmate's attorney of record, and the
designated family member or next of kin.]
In the event of death, the Warden will confirm these
notifications in a letter explaining the circumstances of the
death, with a copy to the Regional Director.
22.

[RECREATION

§551.115

a. When consistent with institution security and good order,
pretrial inmates may be allowed the opportunity to participate
with convicted inmates in recreational activities. Staff shall
ensure that inmates who do not participate in recreational
activities with convicted inmates have access to other
recreational activities.
b. At a minimum, and except as noted in paragraph (d) of this
section, staff shall provide the pretrial inmate with the
following recreational opportunities:
(1) One hour daily of outside recreation, weather
permitting; or
(2)

Two hours daily of indoor recreation.

c. Staff shall make recreation equipment available to the
pretrial inmate including, but not limited to, physical exercise
equipment, books, table games, and television.
d. Staff shall provide the pretrial inmate housed in
Administrative Detention or Disciplinary Segregation with
exercise as provided by the Bureau of Prisons rules on inmate
discipline. (See 28 CFR part 541, subpart B.)]
28 CFR part 541, subpart B refers to the Program Statement on
Inmate Discipline and Special Housing Units.

PS 7331.04
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Page 16
[e. Provisions of paragraphs (b) and (c) of this section must
be carried out unless compelling security or safety reasons
dictate otherwise. Institution staff shall document these
reasons.]
23.

[DISCIPLINE

§551.116

a. Staff shall require the pretrial inmate to abide by Bureau
of Prisons rules on Inmate Discipline (see 28 CFR part 541,
subpart B), subject to the limitations of §551.106 of this part.]
§551.106 refers to Section 13, Institutional Employment, of this
PS.
[b. Staff shall advise the court, through the U.S. Marshal, of
repeated or serious disruptive behavior by a pretrial inmate.]
(1) Staff will also advise the relevant U.S. Attorney’s
Office of repeated or serious disruptive behavior by a pretrial
inmate.
(2) When a pretrial inmate violates any Bureau rule on
inmate discipline, not just repeated or serious disruptive
behavior, the USPO assigned to prepare the Presentence
Investigation Report must be advised.
Local procedures will be established with the USMS, the
U.S. Attorney’s Office, and the USPO regarding the preferred
method of notification. Copies of the notifications will be
provided to the Regional Designator after the inmate is sentenced
to facilitate the appropriate institution assignment.
24.

[ACCESS TO LEGAL RESOURCES

§551.117

a. The Warden shall provide the opportunity for pretrial
inmate-attorney visits on a seven-days-a-week basis.]
Attorney visits for pretrial inmates may be conducted at times
other than established visiting hours with the approval of the
Warden or designee. Wardens will establish hours for attorney
visiting and communicate them to the local legal community.
[b. Staff shall provide pretrial inmates with access to legal
materials in the institution.]

PS 7331.04
1/31/2003
Page 17
A basic law library is to be established for pretrial housing
units if prisoners in these units do not have access to the
institution's main law library. Procedures for obtaining legal
material not contained in a basic law library, but contained in
the institution's main law library, will be established locally
(see the Program Statement on Legal Activities, Inmate).
[c. Staff shall allow the pretrial inmate, upon the inmate's
request, to telephone the inmate's attorney as often as resources
of the institution allow.]
25.

[PROPERTY

§551.118.

a. A pretrial inmate may retain personal property as
authorized for convicted inmates housed in administrative
detention units. (See 28 CFR part 541, subpart B.)]
28 CFR, part 541, subpart B refers to the Program Statement on
Discipline and Special Housing Units.
Institution procedures will be consistent with any instructions
from the court. Institution staff are responsible for proper
storage and accountability of a pretrial inmate's property.
Property which cannot be stored due to lack of space at the
institution will be mailed at government expense to an address
supplied by the inmate.
[b. Staff may store the pretrial inmate's unauthorized
personal property until the individual is released, transferred
to another facility, or sentenced and committed to a federal
institution.
c. Staff may supply the pretrial inmate with clothing for
court appearances, or the inmate may supply his or her own.]
Exchanges will be authorized at least once a week. When the
institution provides the pretrial inmate with court clothing, the
court is to be contacted to determine the minimum clothing
requirements deemed appropriate for courtroom appearances.
26.

[RELEASE OF FUNDS AND PROPERTY OF PRETRIAL INMATES §551.119

a. Staff shall establish procedures which allow for the
release of funds and personal property to pretrial inmates
released during other than normal business hours.

PS 7331.04
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Page 18
b. Staff shall ensure that pretrial inmates are informed of
existing policy relative to the commissary account and the
deposit/release of funds.]
27. [VISITING §551.120. Staff shall allow pretrial inmates to
receive visits in accordance with the Bureau's rule and local
institution guidelines on visiting. Staff may allow a pretrial
inmate special visits to protect the inmate's business interests
or to help prepare for trial.]
At a minimum, pretrial inmates will receive approval for visits
from immediate family. These persons include mother, father,
step-parents, foster parents, brothers and sisters, spouse, and
children.
28. INSTITUTION SUPPLEMENT. Wardens at institutions where 100
or more beds have been allocated to the USMS must issue an
Institution Supplement to implement this PS.
a. Purpose. The Institution Supplement’s purpose is to
describe local procedures for managing pretrial inmates. It is
necessary to identify which staff members, by position, have been
designated responsibility for specific procedures.
b. Review and Approval. Institution Supplements require
review by the regional office and the Detention Services Branch
(DSB), Correctional Programs Division, Central Office. Once the
regional office review is completed, the regional office should
forward it to the DSB for approval. The DSB will respond in
writing to the Warden and to the Regional Correctional Programs
Administrator.
c. Required Procedures. The Institution Supplement must
include at a minimum, procedures for implementing these
requirements:
(1)

Admitting pretrial inmates;

(2) Informing the Warden of inmates whose cases have
generated broad publicity or could bring particular attention to
the Bureau;
(3) Requiring SENTRY review before a housing assignment
change for potential separatees or other management concerns;
(4) Specifying procedures for operating pretrial inmate
housing areas;

PS 7331.04
1/31/2003
Page 19
(5) Specifying procedures for obtaining legal materials in
the institution's main law library;
(6) Ensuring all pretrial inmates are afforded access to
leisure library materials and other education programs;
(7) Allowing all pretrial inmates access to counseling
services, if they so request, and how they can be accessed;
(8) Establishing notification procedures when a pretrial
inmate is receiving psychiatric medication; and/or any other
medication that may alter the inmate’s courtroom behavior;
(9) Establishing notification procedures when a pretrial
inmate violates Bureau disciplinary rules; and
(10)
29.

FORMS.

Providing for the exchange of court clothing.
The following forms may be obtained through BOPDOCS:

a. Federal Prison System Pretrial Inmate Work Waiver/Notice
of Separation (BP-S203),
b.

Pretrial Inmate Interview (BP-S562), and

c.

Pretrial Inmate Review Report (BP-S561).

/s/
Kathleen Hawk Sawyer
Director


U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

CPD
5160.05
1/16/2003
Designation of State
Institution for
Service of Federal
Sentence

1. PURPOSE AND SCOPE. To provide instructions for the
designation of a state institution for concurrent service of a
federal sentence.
2. SUMMARY OF CHANGES. This policy has been rewritten to comply
with the “Plain Language” initiative.
3. PROGRAM OBJECTIVES.
are:

The expected results of this program

a. State institutions will be designated for concurrent
service of a federal sentence when it is consistent with the
intent of the federal sentencing court or with the goals of the
criminal justice system.
b. Accurate records and accountability will be maintained by
the Regional Inmate Systems Administrator (RISA) for inmates
serving federal sentences in state institutions.
DIRECTIVES AFFECTED

4.

a.

Directive Rescinded
PS 5160.04

b.

Designation of State Institution for Service
of Federal Sentence (4/19/00)

Directives Referenced
PS 5100.07

Security Designation and Custody
Classification Manual (9/3/99)

PS 5160.05
1/16/2003
Page 2
PS 5800.07
PS 5880.28
PS 5880.30
PS 5880.32
PS 7300.09
5.

Inmate Systems Management Manual (12/24/91)
Sentence Computation Manual-CCCA (2/21/92)
Sentence Computation Manual ("Old Law" PreCCCA-1984) (7/16/93)
District of Columbia Sentence Computation
Manual (1/23/01)
Community Corrections Manual (7/22/98)

STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for
Adult Correctional Institutions: 3-4093 and 3-4094
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-1E-02 and 3-ALDF-1E-03
c. American Correctional Association 2nd Edition Standards for
Administration of Correctional Agencies: 2-CO-1E-04 and
2-CO-1E-05
6. MCC/MDC/FDC APPLICATION. This Program Statement applies to pretrial and holdover inmates as indicated in subsequent sections.
7. STATUTORY AUTHORITY. Authority for designating a state
institution as the place to serve a federal term of imprisonment is
found in 18 U.S.C. § 3621(b), which states:
"The Bureau of Prisons shall designate the place of the
prisoner's imprisonment. The Bureau may designate any
available penal or correctional facility that meets minimum
standards of health and habitability established by the Bureau,
whether maintained by the Federal Government or otherwise and
whether within or without the judicial district in which the
person was convicted, that the Bureau determines to be
appropriate and suitable . . . ".
a. For inmates who committed the underlying offense before
November 1, 1987, a similar provision is found in
18 U.S.C. § 4082(b) (repealed).
b. Federal judges have the authority to order a federal term of
imprisonment to run consecutively to or concurrently with any other
sentence. When there is a previously imposed sentence (federal or
non-federal) in existence at the time of federal sentencing, and the
federal judge does not state whether multiple

PS 5160.05
1/16/2003
Page 3
terms of imprisonment are to run consecutively to or concurrently
with one another, the sentences run consecutively
(see 18 U.S.C. § 3584). (This applies only to federal offenses
committed on or after November 1, 1987.)
c. When a federal judge orders or recommends a federal sentence
run concurrently with a state sentence already imposed, the Bureau
implements such order or recommendation, ordinarily by
designating the state facility as the place to serve the federal
sentence. United States v. Hardesty, 958 F.2d 910 (9th Cir. 1992).
d. For federal offenses that occurred prior to
November 1, 1987, and there is a previously imposed sentence in
existence at the time of federal sentencing and the federal judge is
silent as to whether multiple terms run concurrently or
consecutively, the RISA will have to research the record and make a
determination regarding concurrency.
e. No concurrent designation will be considered when statutory
language mandates consecutive service or the U.S. Sentencing
Guidelines require consecutive service.
f. Authority for commencement of a sentence once a facility is
designated is found in 18 U.S.C. § 3585(a) and § 3568 (repealed).
18 U.S.C. § 3585(a), states,
“A sentence to a term of imprisonment commences on the date
the defendant is received in custody awaiting
transportation to, or arrives voluntarily to commence
service of sentence at, the official detention facility at
which the sentence is to be served.”
18 U.S.C. § 3568, states in part,
“The sentence of imprisonment of any person convicted of an
offense shall commence to run from the date on which such
person is received at the penitentiary, reformatory, or
jail for service of such sentence.”
g. Just as the federal government has no authority to prescribe
when a state sentence will commence, the state has no authority to
order commencement of a federal sentence
(see 18 U.S.C. § 3585(a) & § 3568 (repealed)).

PS 5160.05
1/16/2003
Page 4
8. AUTHORITY FOR DESIGNATIONS. The Bureau’s authority to designate
a state institution for concurrent service of a federal sentence is
delegated to Regional Directors.
#

A designation for concurrent service of sentence will be made
only when it is consistent with the intent of the federal
sentencing court or the goals of the criminal justice system.

a. Exceptions to the general rules regarding concurrent
designation may be based on the merits of a particular case.
Information reviewed will include:
#
#
#
#
#
#

inmate discipline history,
institutional adjustment,
recommendations of the Wardens at the state and federal
institutions,
the recommendation of the prosecuting Assistant U.S.
Attorney,
intent of the federal sentencing court, if available, and
any other pertinent information regarding the inmate.

b. In the event of an “exception,” the above information will be
sent to the appropriate RISA who will coordinate a response.
The Regional Director is the final authority to determine
exceptions.
9.

CONCURRENT SERVICE OF FEDERAL AND STATE SENTENCES

a. Concurrent service of federal and non-federal sentences in a
non-federal institution occurs when the Bureau designates a
non-federal institution for service of the federal sentence.
Ordinarily, the reason for selecting the non-federal institution
is that primary custody resided with the non-federal jurisdiction
and the federal sentencing court intended its sentence be served
concurrently with the non-federal sentence.
b. When an inmate is sentenced in both federal and state
jurisdictions, care must be taken to ensure that he or she is
suitable for federal designation. Normally, designating a
non-federal institution for the inmate is done when it is consistent
with the federal sentencing court’s intent. Ordinarily, this intent
is made known in one of the following ways:

PS 5160.05
1/16/2003
Page 5
(1) Court Order. The sentencing court orders, on the Judgment
& Commitment Order or the Judgment in a Criminal Case (J&C), that
the federal sentence be served concurrently with a state sentence.
The court may make clear its intent by using language similar to:
#

"Said sentence to run concurrently with the state sentence
the defendant is presently serving."

#

"Sentence to run concurrently with sentence imposed under
Docket 168-88, San Diego County Court, on
May 14,
1988."

#

"Sentence is hereby ordered to run concurrently with any
other sentence presently being served."

#

“Sentence to begin immediately.”

(2) Court Recommendation of Non-Federal Confinement. The
sentencing court recommends a non-federal institution as the place
of confinement on the J&C. Most J&Cs have a preprinted area for
recommendations with language similar to: "the court makes the
following recommendations to the Bureau of Prisons...”
If the inmate was in primary non-federal custody, (i.e.,
produced on writ), and the court uses the preprinted phrase and adds
the name of a state institution, this will be accepted as a court
recommendation for concurrent service. This wording could also
appear in the body of the J&C.
(3) Concurrent Service of Sentence After Imposition.
The
court may, from time to time, order concurrent service of the
federal sentence at some time after its imposition. This may occur
when primary jurisdiction resided with the state and the court
believed mistakenly that the inmate was in federal custody for
service of the federal sentence on the date of imposition.
(4) Inmate Request. Occasionally, an inmate may request a
nunc pro tunc (i.e., occurring now as though it had occurred in the
past) designation. As a result of the decision in
Barden v.
Keohane, 921 F.2d 476 (3rd Cir. 1990), the Bureau considers an
inmate's request for pre-sentence credit toward a federal sentence
for time spent in service of a state sentence as a request for a
nunc pro tunc designation.

PS 5160.05
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Page 6
(a) In Barden, the court held that the Bureau must consider
an inmate's request for concurrent service of the state and federal
sentences.
#

However, there is no obligation under Barden for the
Bureau to grant the request by designating a state
institution retroactively as the place to serve the
federal sentence.

(b) This type of request will be considered regardless of
whether the inmate is physically located in either a federal or
state institution. Information will be gathered, if available, to
include:
#
#
#

a copy of the federal and state J&Cs,
the state sentence data record to include jail
credit, and
any other pertinent information relating to the
federal and state sentences.

(c) In making the determination, if a designation for
concurrent service may be appropriate (e.g., the federal sentence is
imposed first and there is no order or recommendation regarding the
service of the sentence in relationship to the yet to be imposed
state term), the RISA will send a letter to the sentencing court
(either the Chambers of the Judge, U.S. Attorney’s Office, and/or
U.S. Probation Office, as appropriate) inquiring whether the court
has any objections. Regardless of where the original inquiry is
directed, the U.S. Attorney’s Office and U.S. Probation Office will
receive a courtesy copy.
(d) If, after 60 days, a response is not received from the
sentencing court, the RISA will address the issue with the Regional
Counsel and a decision will be made regarding concurrency.
(e) No letter need be written if it is determined that a
concurrent designation is not appropriate. If the court has
indicated previously that its language on judgments is sufficient
for designation of a state institution for service of the federal
sentence, then no further letters need be written.
When the original sentencing judge is no longer available and
the assigned judge offers no opinion, the RISA will make a
determination based on the particular merits of the case. (Refer to
Section 8.a. for more information.) The RISA will notify the inmate
of the decision in writing and place a copy of this notification in
the J&C file.
(f) The Bureau will not allow a concurrent designation if
the sentencing court has already made a determination regarding the
order of service of sentence (e.g., the federal sentencing court
ordered the sentence to run consecutively to any other

PS 5160.05
1/16/2003
Page 7
sentence, or custody in operation, during any time in which the
inmate requests concurrent designation).
(5) State Request. Occasionally, a Regional Office receives a
request from a state jurisdiction indicating that the
state and federal sentences are to be served concurrently, whether
by state court order or department of corrections referral.
(a) The RISA will gather and review all information
pertaining to the federal and state sentences. After reviewing this
information carefully, if necessary, the RISA will correspond with
the federal sentencing court to ascertain whether it has any
objections to the federal and state sentences running concurrently.
A courtesy copy of this correspondence will be forwarded to the
appropriate U.S. Attorney. (The same procedures apply as outlined
in subsections 4.c. and d., Inmate Request.)
(b) If the court has no objections, the state institution
may be designated as the place to serve the federal sentence
concurrently with the state sentence, according to the procedures
detailed in this Program Statement.
Note:

The Bureau will not, under ordinary
circumstances, such as overcrowding in a state
institution, accept transfer of the inmate into
federal custody for concurrent service.

10. RESPONSIBILITIES. The following procedures are to be used when
a state institution is designated for the concurrent service of
federal and state sentences. (See the Security Designation and
Custody Classification Manual for procedures when a federal inmate
transfers from a federal to a non-federal institution for concurrent
service of a federal and state sentence.)
a. Notification to Regional Director. The Regional Director, of
the region where the state institution is located, will be
notified of the federal court's order that the federal sentence run
concurrently with the state sentence. This notification will
be received from the Community Corrections Manager (CCM). The CCM
forwards the Regional Office a copy of:

PS 5160.05
1/16/2003
Page 8
#
#
#
#
#

the inmate's J&C Order,
the federal register number,
the U.S. Marshals Tracking Form (USM-129),
the Pre-Sentence Investigation Report (PSI), and
any other available pertinent information.

b. Designation. The RISA, through the Regional Director, may
make a nunc pro tunc designation to the non-federal institution
using a letter to the U.S. Marshals Service (USMS)(Attachment A).
(1) As part of the designation process, a date is specified
nunc pro tunc (i.e., occurring now as though it had occurred in the
past) as the effective date the sentence will begin.
(2) Specifying a nunc pro tunc designation ensures that time
lost in administrative processing is not passed on to the inmate.
It is this designation that allows the federal sentence to commence.
(3) As the recommendation for concurrent service, in most
cases, is received after the imposition of sentence, the nunc pro
tunc designation will normally be effective from the original date
of sentencing, unless otherwise indicated in the subsequent order.
(4) Since the inmate is primarily in state custody, all
decisions regarding confinement and classification are at the sole
discretion of the state authorities. A copy of the letter will be
forwarded to the USMS in the district where the state institution is
located as notification to lodge a detainer.
(5) The letter, along with sentence computation data sheet,
will be mailed to the appropriate state department of corrections;
an informational copy will be sent to the USMS in the sentencing
district; and a copy to the U.S. Parole Commission (USPC), if
appropriate. A copy of the letter will be placed in the J&C file,
maintained by the appropriate RISA. The sentence computation data
sheet will also be mailed to the inmate.
(6) Should the court order concurrent service of the federal
sentence after the inmate is received in federal custody, the RISA
will determine whether a nunc pro tunc order is appropriate.
(7) By action of a nunc pro tunc order, the Federal sentence
may commence on the date of its imposition or on a
subsequent date that will not cause the inmate to be a late release
by virtue of the nunc pro tunc order.
(8) Should a nunc pro tunc designation be granted, a thorough
review of jail credit (Willis/Kayfez) must be conducted as outlined
in the sentence computation manuals.
(9)

If the nunc pro tunc designation results in a date that

PS 5160.05
1/16/2003
Page 9
would make the inmate "past due" for release, such designation will
be retroactive to a point in time that the sentence, when calculated
in the same manner as any other sentence, results in a release date
that affords the institution time to conduct normal release
processing.
(10) If the D.C. Superior Court recommends designation of a
state institution for service of a D.C. sentence, the RISA in the
appropriate region will gather and review all information pertaining
to the D.C. sentence. If it is determined that a nunc pro tunc
designation is warranted, a copy of the designation letter along
with other relevant information will be forwarded to the D.C.
Records Center (DCRC) for computation of the D.C. sentence. The
DCRC will maintain an administrative file, compute the sentence, and
will be responsible for all computation updates.
Should an update be required to the D.C. state concurrency
sentence computation, the RISA will provide all appropriate
documentation to the DCRC. Once the DCRC updates the sentence
computation, they will notify the RISA via GroupWise.
c. Files. The RISA is to maintain a file on all state
concurrency cases. Each file will contain the following:
#
#
#
#
#

the J&C Order,
the USM-129,
a copy of the letter to the USMS (Attachment A),
the PSI, and
a signed/certified copy of the Sentence Data Computation
Sheet.

(1) When the inmate satisfies the federal sentence, copies of
release certificates, as well as the notifications to state
authorities, the USMS, U.S. Probation Office, and the USPC, will be
placed in the file. Concurrency files will be retained until the
sentence expires and then they will be sent to the appropriate
Federal Records Center in accordance with the Inmate Systems
Management Manual.
(2) If the inmate is eligible for parole, the RISA will send
the following to the USPC:

PS 5160.05
1/16/2003
Page 10
#
#
#
#
#
#

the letter to the USMS (Attachment A),
the J&C Order,
the USM-129,
the PSI,
a copy of the Sentence Data Computation Sheet, and
any other available pertinent information.

(3) If a copy of the inmate's PSI is not provided in the
designation packet, the RISA will request a copy from the U.S.
Probation Office.
d.

Sentence Computation.
#
#
#
#

The RISA is responsible for:

computing the inmate's sentence (with the exception of
D.C. Code sentences),
posting awards of Extra Good Time (EGT),
notifying the USMS and the state department of corrections
of the inmate's release date, and
completing all necessary SENTRY transactions.

(1) The RISA has the final approval for state recommendations
for EGT. EGT awards for inmates in state institutions must be
consistent with the requirements for those in federal institutions
(see the sentence computation manual).
(2) The maximum amount of Statutory Good Time (SGT) or Good
Conduct Time (GCT) an inmate is entitled to receive will be awarded
unless documentation provided by state authorities recommends a
forfeiture of SGT or disallowance of GCT based on the inmate's
behavior.
After reviewing the documentation provided by the state, the
RISA will determine, in consultation with the Regional Discipline
Hearing Administrator or Regional Counsel, whether some or all of
the SGT or GCT should be forfeited/disallowed.
e.

Release

(1) Should an inmate be released from the non-federal
jurisdiction before the statutory release or parole date of the
federal term of imprisonment, the USMS will assume custody. The
USMS may request designation from the respective CCM 30 days prior
to assuming custody of the inmate. The USMS must provide
documentation verifying the completion of the state sentence. The
RISA is then to forward all inmate files (Central, Medical, and J&C)
to the designated federal institution.

PS 5160.05
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Page 11
(2) If the federal term expires prior to the inmate’s release
from the non-federal jurisdiction, the RISA is to notify the state
department of corrections, the USMS, and the USPC (if necessary).
The RISA will complete the appropriate release paperwork as it
pertains to the confinement portion of the federal sentence. Upon
receiving the release notification, the USMS will withdraw the
detainer.
f. Monitoring. The RISA will establish a system to monitor
release dates of concurrent sentences so that timely notification
will be made to state authorities, the USMS, and the USPC (if
necessary). This may be accomplished by using:
#
#
#

a SENTRY release roster,
a log, or
any other method that enables the RISA to monitor release
dates.

(1) The USPC will prepare certificates for inmates scheduled
for release on parole. The RISA will ensure that any parole
certificates received on a state concurrency case are accurate and
any discrepancies are reported to the USPC. Normally, the RISA
prepares the mandatory release and special parole term certificates.
For the completion of any other release paperwork, refer to the
Inmate Systems Management Manual. For information on fines and
restitution, refer to the appropriate program statements.
(2) A term of supervised release that follows a federal
sentence will not commence until the inmate is released from all
periods of confinement. When an inmate has a term of supervised
release and the federal sentence expires prior to the state term,
the RISA will ask the state authorities to notify the U.S. Probation
Office 30 days prior to release from state custody. The RISA will
forward a courtesy copy of the request to the U.S. Probation Office.
g. Primary Jurisdiction. When it has been determined an inmate
was committed improperly to federal custody and primary jurisdiction
resides with a state sovereign (i.e., the inmate was under
jurisdiction of the federal sentencing court on the basis of a writ
of habeas corpus ad prosequendum), institution staff,
through the RISA, will make every effort to return the inmate to
state custody.

PS 5160.05
1/16/2003
Page 12
A return to the state means that the federal sentence should be
considered as not having commenced since transfer to the Bureau was
in error and the prisoner should have been returned to the state
after federal sentencing as a required condition of the federal writ
(see Crawford v. Jackson, 589 F.2d 693 (D.C. Cir. 1978)). The
federal J&C will be lodged as a detainer, through the USMS, with the
state authorities. If the federal court recommends concurrent
service of the federal and state sentences, the case should be
referred to the appropriate RISA.

/s/
Kathleen Hawk Sawyer
Director

PS 5160.05
1/16/2003
Attachment A, Page 1
Sample Letter to U.S. Marshal
Date
Inmate’s Name
Register Number
Docket Number
Offense
Sentence
Judicial District
Sentence Begins
Release Date
Designated Facility

:
:
:
:
:
:
:
:
:
:

U.S. Marshals Service
District of Maryland
605 U.S. Courthouse
101 West Lombard Street
Baltimore, MD 21201

Maryland Dept. of Corrections
6776 Reisterstown Road
Suite 310
Baltimore, MD 21215-2341

Attn: Criminal Desk
The United States District Court that sentenced the above individual
recommended that the federal sentence run concurrently with the
state sentence. To make this possible, I have designated the above
facility for service of the federal sentence.
Please lodge and maintain a detainer with the local authorities for
the duration of the federal sentence. The date indicated above is
the projected release date.
Please request that state authorities notify you 60 days in advance
of any release from state custody, or in the event the
inmate escapes, dies, or is transferred.
Upon notice of release from state custody, please request federal
designation through the Community Corrections Manager in your
district.
I understand that no charge will be made to the federal government
during the time the inmate is in service of the state sentence.
Sincerely,

Regional Director
STATE CORRECTIONAL AUTHORITY: This is for notification purposes
only and does not limit your discretion in any decision affecting
this offender’s classification, work, and quarters assignments or
other treatment and programs.