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Practical Tips if Your Client Faces Incarceration in a

Federal Prison

David Merchant,
Merchant Assistant Federal Public Defender
Defender,
District of Montana
U. S. Department of Justice
Federal Bureau of Prisons

LEGAL RESOURCE GUIDE

TO THE

FEDERAL BUREAU OF PRISONS

2010

Revised 01/06/2010
Table of Contents
I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. The Bureau's Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. This Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. District of Columbia (D.C.) Code Felony Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. DNA Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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


A. Pretrial Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Pretrial Inmate Health Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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


A. Pretrial: Mental Evaluation and Commitment:
Title 18 U.S.C. 4241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. Pretrial: Determination of Insanity at Time of Offense and Commitment:
Title 18 U.S.C. 4242 and 4243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
C. Conviction and Pre-Sentencing Stage:
Title 18 U.S.C. 4244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
D. Post-Sentencing Hospitalization:
Title 18 U.S.C. 4245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
E. Hospitalization of Mentally Incompetent Person Due for Release:
Title 18 U.S.C. 4246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
F. Civil Commitment of a Sexually Dangerous Person:
Title 18 U.S.C. 4248 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
G. Examination of an Inmate Eligible for Parole:
Title 18 U.S.C. 4205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
H. Presentence Study and Psychological or Psychiatric Examination:
Title 18 U.S.C. 3552(b) and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
I. State Custody; Remedies in Federal Courts:
Title 28 U.S.C. 2254;
Prisoners in State Custody Subject to Capital Sentence:
Appointment of Counsel; Requirement of Rule of Court or Statute;
Procedures for Appointment:
Title 28 U.S.C. 2261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IV. SENTENCING ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
A. Probation and Conditions of Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Community Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Intermittent Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Home Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1. Institutional Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2. Service of Sentence in Non-Federal Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 10
3. Juvenile Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

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C. Judgment and Commitment Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1. Judicial Recommendations for a Specific Institution, Geographic Area, or
Specialized Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2. Sentence Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Commencement of a Term of Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. Credit for Prior Custody (Jail Time) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5. Credit for Satisfactory Behavior (Good Conduct Time) . . . . . . . . . . . . . . . . 13
6. Fines and Costs of Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7. Inmate Financial Responsibility Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

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


A. Designation to a Facility for Service of a Term of Imprisonment . . . . . . . . . . . . . . . . 16
1. Security Designation and Custody Classification . . . . . . . . . . . . . . . . . . . . . . . 16
2. Movement to the Institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Interstate Agreement on Detainers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4. Central Inmate Monitoring System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
B. Admission and Orientation Program for Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
C. Programs and General Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1. Education and Recreation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2. Religious Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. Food Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4. Work Programs and UNICOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Inmate Accident Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
(a) Lost-Time Wage Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(b) Compensation for Work-Related Physical Impairment or Death . . . . 21
6. Female Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(a) Birth Control and Pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(b) Abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7. Substance Abuse Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8. Urine Surveillance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
9. Medical Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
(a) Medical Services available to Sentenced Offenders . . . . . . . . . . . . . . 23
(b) Medical Referral Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(c) Voluntary Medical and Mental Treatment . . . . . . . . . . . . . . . . . . . . . 26
(d) Managing Infectious Disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10. Mental Health Counseling and Treatment Services . . . . . . . . . . . . . . . . . . . . 27
(a) Involuntary Mental Health Treatment. . . . . . . . . . . . . . . . . . . . . . . . . 28
(b) Mental Health Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
(c) Sex Offender Management and Treatment . . . . . . . . . . . . . . . . . . . . . 28
D. Visiting, Telephones, and Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
1. Visiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2. Telephones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3. Written Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
E. Inmate Discipline Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

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F. Inmate Access to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1. Law Libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2. Preparation of Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3. Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4. Legal Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5. Unmonitored Legal Telephone Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6. Inmate Involvement in Litigation While Incarcerated . . . . . . . . . . . . . . . . . . . 33
G. Administrative Remedy Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
H. Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
I. Special Administrative Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
1. National Security Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2. Prevention of Acts of Violence and Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . 36
J. Family Emergencies and Temporary Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
1. Furloughs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
2. Escorted Trips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
K. Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
1. Early Release from Prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
(a) Executive Clemency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
(b) Reduction in Sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2. Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
3. Community Confinement in Preparation for Release . . . . . . . . . . . . . . . . . . . . . . . 39
4. Home Confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
L. Notification to Community of the Release of an Offender . . . . . . . . . . . . . . . . . . . . . 40

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

VII. APPENDICES
Appendix A - Summary Table: Application of Title 18 U.S.C. Ch. 313:
Offenders with Mental Disease or Defect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
Appendix B - Regional Counsel and Consolidated Legal Center offices . . . . . . . . . . . . . 47
Appendix C - Relevant Acronyms and Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

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I. INTRODUCTION

The Federal Bureau of Prisons (BOP), an agency of the United States Department of Justice (DOJ),
was established in 1930 to provide more progressive and humane care for federal inmates, to
professionalize the prison service, and to ensure consistent and centralized administration of the 11
federal prisons in operation at that time.

Today, the BOP consists of more than 110 institutions, six Regional Offices, a Central Office
(headquarters) located in Washington, D.C., a Designation and Sentence Computation Center, two
staff training centers, and approximately 30 community corrections offices. Regional Offices and
the Central Office provide administrative oversight and support to the institutions and community
corrections offices. The Designation and Sentence Computation Center (DSCC) completes
designations and sentence computations for all inmates in BOP custody. Community corrections
offices oversee Residential Reentry Centers (RRCs), and home confinement programs.

The BOP is responsible for the custody and care of sentenced federal inmates as well as a significant
number of pretrial detainees and pre-sentenced offenders housed in our facilities on behalf of the
United States Marshals Service (USMS) and the United States Bureau of Immigration and Customs
Enforcement (ICE). The BOP also has custodial responsibility for District of Columbia felons
sentenced to terms of imprisonment, and houses a number of state and military offenders on a
contractual basis. The current inmate population exceeds 195,000 men and women, housed in both
federal prisons and in private facilities under contract to BOP.

Federal Prison Industries (tradename UNICOR) and the National Institute of Corrections are
components of the BOP. UNICOR is managed by a Board of Directors, and the Director of the BOP
serves as Chief Executive Officer. Created by Congress in 1934, this wholly-owned government
corporation provides inmates with needed prison employment and the opportunity to learn
marketable skills. Items produced in UNICOR factories are sold to government agencies
nationwide. The majority of BOP institutions house a UNICOR factory or service.

The National Institute of Corrections (NIC), established in 1974 as a division within the BOP,
provides training, technical assistance, information services and cooperative agreement awards to
service provider groups, to assist state and local corrections agencies. The NIC Director and 16-
member Advisory Board, appointed by the Attorney General, advise assistance strategies and
manage the Institutes funding priorities.

In recent years, the BOP has contracted with several private firms with correctional expertise to
operate prisons to house felony offenders, predominantly criminal aliens, who might otherwise be
incarcerated in BOP facilities. While the contractor is required to adhere to most BOP policies for
offender management, the contractor has day-to-day operational responsibility. The BOP
Privatization Management Branch provides general oversight.

1
A. The Bureau's Mission

The Federal Bureau of Prisons protects society by confining offenders in the controlled
environments of prisons and community-based facilities that are safe, humane, cost-efficient, and
appropriately secure, and provides work and other self-improvement opportunities to assist offenders
to become law-abiding citizens.

B. This Publication

This publication is intended to serve as a guide to legal resources, including relevant statutes,
regulations, policy documents, and current case law concerning issues the BOP faces today. It
provides a general overview of the BOP, its services, and its programs. Statutes, regulations, agency
policies (Program Statements), and case law referred to in this Guide may have been updated since
publication. Thus, readers are advised to review the website and confirm cited legal references when
exploring BOP matters. BOP legal staff are located in Regional Counsels offices, and in
Consolidated Legal Centers (CLCs) servicing individual institutions (see Appendix B). Further
inquiries may be directed to the appropriate CLC.

C. Website

The BOP internet home page is located at www.bop.gov. This site provides access to BOP public
information, including policy (Program Statements), a directory of BOP facilities and offices, inmate
locator information, employment opportunities, directions for inquiries under the Freedom of
Information Act, and links to other relevant internet sites. The site for the National Institute of
Corrections is www.nicic.org. UNICORs site is www.UNICOR.gov.

General data for the current BOP inmate population is available on the BOP website. Descriptive
information includes security level, gender, race, ethnicity, citizenship, age, type of offense, and
sentence imposed.

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

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


Revitalization and Self-Government Improvement Act of 1997 (Revitalization Act), enacted
August 5, 1997, Pub. L. 105-33; 111 Stat. 740, the BOP administers the imprisonment terms of
felony offenders convicted under the D.C. criminal code. The BOP has broad authority to provide
for the custody, care, subsistence, education, treatment and training of D.C. Code felony offenders
in its custody consistent with the sentence[s] imposed. D.C. Code 24-1201(a), (b). With few
exceptions, BOP manages D.C. Code offenders no differently from U.S. Code offenders.

2
E. DNA Collection

The DNA Analysis Backlog Elimination Act of 2000, enacted December 19, 2000, Pub. L.106-546;
114 Stat. 2726, requires the BOP to collect DNA (deoxyribonucleic acid) samples from offenders
convicted of a qualifying federal, military, or D.C. Code offense. See DNA Identification System,
28 C.F.R. pt. 28 (2006). Inmates are subject to disciplinary action should they fail to voluntarily
cooperate. The involuntary taking of a blood sample may be required in some instances. The BOP
is required to furnish each DNA sample collected to the Federal Bureau of Investigation (FBI).

II. PRETRIAL ISSUES

A. Pretrial Detention

The BOP, the USMS, and the Federal Detention Trustee cooperate to manage the allocation of
federal detention bedspace. The development of necessary detention resources in key districts, while
emphasizing appropriately structured community supervision alternatives for non-violent offenders,
is the primary focus. The BOP regularly monitors the availability of bedspace in federal detention
centers. Should a court have concerns about pre-trial detention placement of a defendant, the BOP
requests the opportunity to address such concerns prior to the issuance of a court order. See Pretrial
Inmates, 28 C.F.R. pt. 551, subpt. J; Program Statement 7331.04, Pretrial Inmates.

B. Pretrial Inmate Health Care

Pretrial detainees may be held at BOP facilities, or at a number of local facilities across the country.
Pretrial detainees held in BOP institutions are provided medical care on site. The USMS is
responsible for pretrial inmates in its custody, and will contract for community medical providers
as necessary to address the needs of inmates held in non-BOP facilities.

There is virtually no health care issue of a defendant that would preclude subsequent commitment
of the defendant to a federal institution. Medical care is available in all BOP facilities. Male inmates
whose health care needs exceed those services available in a typical institution may be transferred
to a BOP medical referral center in Springfield, Missouri; Rochester, Minnesota; Butner, North
Carolina; Lexington, Kentucky; or Devens, Massachusetts. Female inmates will be transferred to
the Carswell medical referral center in Fort Worth, Texas. When a BOP facility cannot adequately
treat an inmate's condition, the inmate is sent to a community hospital under contract with the BOP.
When necessary and available, air ambulance service is used to transport inmates for urgent
treatment.

Specialized health care for sentenced inmates is also available at a number of BOP institutions and
all institutions are wheelchair accessible. A later section on Health Care Services in the BOP details
available programs and services. See infra, Section V - Post Conviction Issues.

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III. EVALUATION OF OFFENDER MENTAL CAPACITY

In 1984, as part of a major sentencing reform effort, Congress enacted comprehensive provisions
addressing the evaluation and treatment of mentally ill offenders. Title 18 U.S.C. Chapter 313,
4241-4247, describes necessary judicial procedures which must be followed when an offender
appears to be, or is, currently suffering from a mental disease or defect. See 28 C.F.R 549.40-43;
Program Statements 5310.12, Psychology Services Manual; 5310.13, Mentally Ill Inmates,
Institution Management of; 6010.01, Psychiatric Treatment and Medication, Administrative
Safeguards; and 6340.04, Psychiatric Services. The Adam Walsh Child Protection and Safety Act
of 2006 (Walsh Act), enacted July 27, 2006, Pub. L. 109-248, 120 Stat. 587, provides for the civil
commitment of a sexually dangerous person subsequent to the completion of the term of
incarceration, as codified in 4248. Further detail is provided below. A Summary Table of the
application of the following statutes, under Chapter 313, is attached as Appendix A.

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


Pretrial: Mental Evaluation and Commitment

Title 18 U.S.C. 4241 explains the procedures necessary to determine the mental competency of
a defendant at any time after the commencement of prosecution, and prior to sentencing. Should
there be reasonable cause to question the defendant's competency, the court will order a hearing
upon the motion of one of the parties, or upon its own motion. See 18 U.S.C. 4241(a). Prior to
the hearing, the court may order the defendant to undergo a psychiatric or psychological
examination. See 18 U.S.C. 4241(b).

The court may commit the defendant to the custody of the Attorney General for placement in a
suitable facility1 to be examined for a reasonable period not to exceed 30 days, unless the director
of the examining facility requests a reasonable extension, not to exceed 15 days. See 18 U.S.C.
4247(b). After the examination period expires, a report is filed with the court by the facilitys
staff, and copies are provided to counsel. The Bureau of Prisons strongly encourages the court to
have the initial 4241 evaluation conducted locally, without commitment to the BOP. Such a
procedure provides a more rapid response to the court.

Following the hearing, if the court finds by a preponderance of the evidence that the defendant is
mentally incompetent, the court must commit the defendant to the custody of the Attorney General
for hospitalization and treatment in a suitable facility. This commitment period is for a reasonable
period of time, not to exceed four months, to evaluate if there is a substantial probability that, in the
foreseeable future, the defendant will regain competence. See 18 U.S.C 4241(d)(1).2

1
In addition to BOP and USMS contract facilities, 18 U.S.C. 4247(i)(A) authorizes the Attorney General
to contract with states, localities, political subdivisions, or private agencies for the confinement, hospitalization, or
treatment of a person committed pursuant to 18 U.S.C. Chapter 313.

2
The Supreme Court has held that the government may involuntarily administer anti-psychotic drugs to a
mentally ill defendant facing serious criminal charges in order to render the defendant competent to stand trial. See
Sell v. United States, 539 U.S. 166 (2003).

4
An additional commitment period may be ordered if the charges have not been disposed of, and the
court determines there is a substantial probability that the defendant will become competent to stand
trial in the foreseeable future. See 18 U.S.C. 4241(d)(2). The defendant cannot, however, be
committed for a determination of his or her competency to stand trial for a period longer than the
maximum possible sentence he or she faces. See United States v. DeBellis, 649 F.2d 1 (1st Cir.
1981). If the defendant becomes competent to stand trial during the examination period, the director
of the examining facility files a certificate with the court stating such. A second competency hearing
is held and, if the defendant is shown to be competent by a preponderance of the evidence, the
prosecution resumes. See 18 U.S.C. 4241(e).

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


Pretrial: Determination of Insanity at Time of Offense and Commitment

Pursuant to 18 U.S.C. 4242, the attorney for the Government, after receiving notice that the
defendant intends to rely upon the defense of insanity, may ask the court to order the defendant to
undergo a psychological or psychiatric examination. Similar to a 4241 study as described above,
the 4242 study may be conducted locally or, where incarceration is deemed necessary, at a BOP
facility. After the issue of insanity has been raised, the fact finder is required to reach a special
verdict of guilty, not guilty, or not guilty only by reason of insanity.

When an offender has been found not guilty only by reason of insanity, a hearing will be conducted
no later than 40 days after the special verdict. See 18 U.S.C. 4243(c). At the hearing, a person
found not guilty solely by reason of insanity has the burden of proving by clear and convincing
evidence that his or her release would not create a substantial risk of bodily injury to another person
or serious damage to the property of another. See 18 U.S.C. 4243(d). Note that while the hearing
must take place within 40 days, 4247(b) states that the examination under 4243 may not exceed
45 days. If the offender fails to meet the evidentiary standard, he or she will be committed to the
custody of the Attorney General.

Once the offender has been committed, the Attorney General will make continuous reasonable
efforts to release the offender to the state in which the offender was domiciled or tried, if the state
will assume responsibility for his or her custody, care, and treatment. The Attorney General has
authority to stipulate the terms and conditions under which a federal insanity acquittee will be placed
in state custody for care and treatment. See 18 U.S.C. 4243(e). There is a continuing federal
interest in the inmate's state placement or conditional release, and any transferred individual cannot
be unconditionally released by the state facility without the concurrence of the committing court.
Accordingly, prior to discharge, the director of the state facility must first comply with 18 U.S.C.
4243(f), and notify the committing court of the potential release. The federal court, applying
federal standards, decides whether the acquittee will, in fact, be discharged.

5
C. Title 18 U.S.C. Section 4244:
Conviction and Pre-Sentencing Stage:
Mental Condition Prior to Time of Sentencing

If a defendant is found guilty of an offense, but a question is raised as to his or her mental condition
prior to sentencing, the court may order a hearing and a mental examination to determine whether
the defendant is presently suffering from a mental disease or defect such that commitment to a
suitable facility for care or treatment, in lieu of imprisonment, is appropriate. See 18 U.S.C. 4244.
If, after the hearing, the court finds by a preponderance of the evidence that such placement is
appropriate, the defendant will be provisionally sentenced to the maximum term authorized by law
and committed to the custody of the Attorney General for hospitalization in a suitable facility. See
18 U.S.C. 4244(d). If the defendant later recovers to the extent that he or she is no longer in need
of care and treatment, the defendant will proceed to final sentencing. The court then has the option
of modifying the provisional sentence. While the statute envisions "commitment in lieu of
imprisonment, the 4244 defendant actually faces an indeterminate period of commitment to a
suitable facility for care or treatment; whereas, if he or she proceeds to final sentencing, there will
be a definite term of imprisonment imposed, and the opportunity under 4245 to receive necessary
treatment. A defendant's decision to invoke 4244 may result in a period of hospitalization in
excess of a criminal sentence.

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


Post-Sentencing Hospitalization

Title 18 U.S.C. 4245 provides for hospitalization and treatment of sentenced inmates found to be
suffering from a mental disease or defect. If an inmate refuses to consent to hospitalization for care
and treatment, 4245 describes the method for involuntary hospitalization if necessary.

The court may order the hospitalization of an inmate for care or treatment if, after a hearing, the
court finds by a preponderance of the evidence that the inmate is suffering from a mental disease or
defect for the treatment of which he or she is in need of hospitalization. See 18 U.S.C. 4245(d).
Section 4245(e) provides that the commitment may be discharged upon certification from the
Warden that the inmate has recovered to an extent that he or she is no longer in need of
hospitalization, or upon the expiration of the sentence of imprisonment.

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


Pre-Release:
Hospitalization of Mentally Incompetent Person Due for Release

Title 18 U.S.C. 4246 provides for the commitment and hospitalization of an inmate who is
scheduled for release but who is found to be suffering from a mental disease or defect, and his or
her release would create a substantial risk of bodily injury to another person, or serious damage to
the property of another. If the director of a medical facility certifies that the inmate meets the
standards set forth in 4246(a), the director will file such certificate with the clerk of court. The

6
certificate must also certify that suitable arrangements for state custody and care are unavailable.
A defendant found not competent and not restorable to stand trial under 4241(d), is also subject
to the provisions of 4246 if he or she meets the criteria for commitment. Once the certificate has
been filed, the offender's release is stayed. The clerk of the court will send a copy of the certificate
to the offender, to the attorney for the government, and if the person was committed under
4241(d), to the committing court. See 18 U.S.C. 4246(a).

The court will order a hearing to determine whether there is clear and convincing evidence the
person suffers from a mental disease or defect, such that his or her release would create a substantial
risk of bodily injury or serious damage to property. If sufficient evidence exists, the court will
commit the person to the custody of the Attorney General. See 18 U.S.C. 4246(d).

The Attorney General will make continuous reasonable efforts to release the person to the
appropriate official of the state in which the person is domiciled or was tried. If the state refuses to
assume responsibility for the offender's custody, care, and treatment, the Attorney General will
hospitalize the individual for treatment in a suitable facility until the state assumes such
responsibility or until the person's mental condition is such that his or her full release, or conditional
release, would not pose a substantial risk of injury to other persons or damage to property. The
director of the medical facility may initiate discharge proceedings in accordance with 4246(e), or
counsel for the inmate may seek discharge by filing a motion for a hearing.

A motion by counsel for the inmate seeking discharge may be filed only after 180 days from the date
of a court determination that the person should continue to be committed. See 18 U.S.C. 4247(h).

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


Civil Commitment of a Sexually Dangerous Person

Title 18 U.S.C. 4248 was enacted by the passage of the Walsh Act and provides for the civil
commitment of sexually dangerous persons. The statute authorizes the BOP to determine if an
inmate being released is sexually dangerous, and to submit certification to the district court where
the person is confined, to determine if civil commitment is appropriate.

At the district court commitment hearing, the inmate is afforded legal representation; an opportunity
for court-ordered forensic evaluation; an opportunity for the inmate to testify, present evidence, and
subpoena witnesses on his or her behalf; and to confront and cross-examine witnesses who appear
at the hearing. If the court determines that the inmate is a sexually dangerous person, the court shall
commit the inmate to the custody of the Attorney General. The Attorney General shall then make
all reasonable efforts to release the person to the state where the person is domiciled or was tried.
If placement with the state is not possible, the Attorney General will assume responsibility for the
person and place the person for treatment in a suitable facility until either the state assumes
responsibility, or the person is no longer sexually dangerous to others.

7
Specific procedures for the BOPs certification process, and for the continuing treatment and
incarceration of the sexually dangerous person, are in development and will be further defined in
policy directives available on the BOP website.

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


Examination of an Inmate Eligible for Parole

This statute was repealed (along with others pertaining to parole) in 1987. However, inmates whose
offense was committed prior to November 1, 1987, (old law) may remain parole-eligible. The
statute requires the BOP to furnish to the United States Parole Commission (USPC) an evaluation
of an inmates suitability for parole, including his or her mental and physical health, past criminal
history, and social background.

H. Title 18 U.S.C. Section 3552(b) and (c):


Presentence Study and Psychological or Psychiatric Examination

During the presentence investigative process, the court may order the defendant to undergo a
psychological or psychiatric examination. The court will specify the additional information it
requires before determining an appropriate sentence.

This evaluation may be completed by a community consultant unless the judge finds that there is
a compelling reason for the study to be done by the Bureau of Prisons . . . . The statute allows for
60 days for the completion of the study, with an extension not to exceed 60 additional days.

The format of the study report should generally follow the format used in the other statutes,
specifically addressing the courts concerns.

I. Title 28 U.S.C. Section 2254:


State Custody; Remedies in Federal Courts;
Title 28 U.S.C. Section 2261:
Prisoners in State Custody Subject to Capital Sentence;
Appointment of Counsel;
Requirement of Rule of Court or Statute; Procedures
for Appointment

These sections together concern state inmates who have capital sentences, and who bring a writ of
habeas corpus before a federal court. Mental capacity evaluations, analogous to 18 U.S.C.
3596(c), may be ordered by the federal judge. There is no requirement that this evaluation be
conducted in any particular facility. Since the inmate is serving a state sentence, it appears most
appropriate that the evaluation be completed by a licensed or certified psychiatrist or psychologist
in the state facility in which the inmate is housed.

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IV. SENTENCING ISSUES

The United States Sentencing Commission (U.S.S.C.) has published, pursuant to 28 U.S.C.
991-998, the U.S. SENTENCING GUIDELINES MANUAL [hereinafter U.S.S.G.] to provide a general
framework for sentencing. The following is a discussion of the most frequently used sanctions
available in the federal criminal justice system.

A. Probation and Conditions of Probation

The federal sentencing court may impose a sentence of probation with conditions placed on the
offender. The offender is monitored by the U.S. Probation Office.

1. Community Confinement

As a condition of probation, a defendant may be sentenced to community confinement, defined as


residence in a community corrections facility. See 18 U.S.C. 3563 (b)(11). Federally-contracted
halfway houses, now called Residential Reentry Centers (RRCs),3 have been made available by the
BOP for use by the courts. An offender subject to a term of community confinement as a condition
of probation or supervised release is placed in the most restrictive component of the RRC, and has
limited access to the community. RRCs are available for both male and female offenders. See
Program Statement 7300.09, Community Corrections Manual. The court may also place an offender
in an RRC in lieu of revocation of probation or supervised release for technical violations.

2. Intermittent Confinement

Weekend terms and other forms of intermittent confinement may be imposed as a condition of
probation. See 18 U.S.C. 3563(b)(10)4 and U.S.S.G. 5C1.1(c)(3). In most instances, BOP or
contract detention facilities are used for this purpose, but placement in an RRC is also permissible.

3
BOP residential, community-based programs were officially named Community Corrections Centers, or
CCCs, in 1989. Since that time, the terms CCC and halfway house have been used synonymously. As of March 31,
2006, the name has been changed to Residential Reentry Center, or RRC. This change provides a clearer description
of the services and programs being offered, as the community reentry initiative is the primary purpose of such
facilities, and clearly differentiates community-based programs from correctional facilities.
4
Title 18 U.S.C. 3583(d) provides [t]he court may order, as a further condition of supervised release . . .
any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12)
through (b)(20) . . . . Prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, the
condition at 18 U.S.C. 3563(b)(11) was intermittent confinement. Because the Act deleted 3563(b)(2) and re-
designated the remaining conditions set forth in 3563(b), intermittent confinement is now set forth at subsection
(b)(10). There is some question, however, as to whether Congress intended this result. Although the Act re-
designated the remaining subsections of 3563(b), it failed to make the corresponding re-designations in 18 U.S.C
3583(d), regarding discretionary conditions of supervised release. See U.S.S.G. 5D1.3(e)(1).

9
3. Home Detention

The sentencing guidelines (U.S.S.G. 5C1.1(c)-(e)) allow home detention as a substitute for
imprisonment in certain instances. Ordinarily, inmates on home detention are electronically
monitored through services contracted by the Administrative Office of the United States Courts.
The BOP is not involved in the home detention program for probationers or supervised releasees.

B. Imprisonment

The BOP maintains safe and humane correctional environments for offenders sentenced to a term
of imprisonment. The appropriate United States Probation Office provides the BOP with the
Presentence Investigation Report, Judgment and Commitment Order (J&C), and Statement of
Reasons after sentencing.5 These documents are crucial to BOP staff decisionmaking to determine
an inmates facility designation, including appropriate security level, relevant programs, and
subsequent pre-release preparation. The Presentence Investigation Report and Statement of Reasons
are sensitive documents and are not permitted to be retained in the possession of the inmate. See
Program Statement 1351.05, Release of Information.

1. Institutional Confinement

Title 18 U.S.C. 3621(a) authorizes the BOP to confine persons sentenced to a term of
imprisonment. Institutions are classified by security level: Minimum, Low, Medium, High, and
Administrative.6 Institution security levels are determined by various factors including type of
perimeter security, number of towers or external patrols, detection devices, security of housing areas,
type of living quarters, and level of staffing.

2. Service of Sentence in Non-Federal Facilities

The BOP will often contract with a local jail or detention center to house an inmate sentenced to a
term of one year or less, and long-term offenders may also be housed under contract with state
correctional systems, or in a privately-run facility. An inmate may be transferred to a state facility,
or to a privately-run facility, should the individual present special management problems, require
protection, or if his or her notoriety precludes incarceration in any BOP facility. See Program
Statement 5160.05, Designation of State Institution for Service of Federal Sentence.

5
The court document imposing sentence is known as the Judgment and Commitment Order, Judgment in a
Criminal Case, or Criminal Judgment Order. These terms may be used interchangeably.
6
In January 2005, the BOP discontinued Intensive Confinement Center (ICC) programs, commonly known
as boot camps, which had been in operation at Lewisburg, Pennsylvania, and Lompoc, California, for male
inmates, and at Bryan, Texas, for female inmates.

10
3. Juvenile Offenders

Federal adjudication of juveniles is governed by the Juvenile Justice and Delinquency Prevention
Act (JJDPA), 18 U.S.C. 5031-5042 (2006). See also Program Statement 5216.05, Juvenile
Delinquents. JJDPA addresses the adjudication of an offender who has not reached his or her 18th
birthday, and generally prohibits housing juveniles with adult offenders. Given the very small
number of federally-sentenced juveniles, operation of a separate BOP facility for this population is
not practical. Therefore, the BOP contracts for placement of these offenders in state and local
facilities, some of which are operated by private firms.

The JJDPA addresses three categories of inmates. The BOPs treatment of each group differs as
follows:

Confinement of Persons Under Age 18 - Any inmate who has not attained the age of 18 at
the time of commitment will be placed in a non-federal juvenile facility. See 18 U.S.C.
5039. Generally, the BOP attempts to place such inmates in community-based juvenile
facilities located in or near their home communities.

Confinement of Persons 18 to 21 Years of Age - An inmate who is sentenced as an adult


pursuant to 18 U.S.C. 5032 shall be designated to an adult institution according to BOP
designation criteria. An inmate who is sentenced as a juvenile will be treated as a person
under 18 years of age, unless he or she has a concurrent federal adult sentence of a length
equal to or greater than the juvenile sentence. If there is a concurrent federal sentence equal
to or greater in length than the juvenile sentence, the inmate will be housed in an adult
facility. The court imposing the juvenile sentence will be notified of this fact. If an inmate
sentenced as a juvenile also has a consecutive adult sentence, he or she will be treated as a
person under the age of 18 until the expiration of the juvenile sentence, or in some instances,
until he or she has reached the age of 21.

Persons Who Turn 21 While Serving a JJDPA Sentence - A person who had been
adjudicated as delinquent may then be designated to a BOP institution as an adult, once he
or she reaches the age of 21. However, a change in placement is not required, and the BOP
may retain the inmate in a contract juvenile facility for continuity of program participation.

C. Judgment and Commitment Orders

The BOP is charged with interpreting and administering some of the provisions of the Judgment and
Commitment Order (J&C) of the federal courts, as follows.

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


Specialized Program

The BOP has sole authority to designate the place of confinement for federal prisoners. See 18
U.S.C. 3621. By statute, the BOP is required to consider the type of offense, the length of

11
sentence, the defendant's age, the defendant's release residence, the need for medical or other special
treatment, any placement recommendation made by the court, and guidance issued by the U.S.S.C.
Initial designation decisions and decisions to transfer prisoners from one facility to another are
ultimately the responsibility of the BOP and are made in accordance with Program Statement
5100.08, Inmate Security Designation and Custody Classification. The J&C may indicate the
sentencing courts preference for housing the inmate within a specific institution, geographic area,
or specialized program. Every effort is made to fulfill the courts request. Conflict with BOP policy
and sound correctional management may, however, prevent compliance.

Prior to finalizing plea agreements or other concessions affecting a defendants conditions of


confinement, the parties involved should consult with the relevant CLC office regarding
factors that might affect availability of the program, or the eligibility of an individual
defendant for any program assignment. Specific programs or institution placements should
not be promised to any defendant. This is particularly important when defendants carry both state
and federal sentences, as complex issues arise over which sovereign has priority to implement its
sentence.

2. Sentence Calculation

The BOPs Designation and Sentence Computation Center (DSCC), in Grand Prairie, Texas,
oversees both initial designations and redesignations of inmates, and all sentence computations.
The BOP is solely responsible for calculating federal terms of imprisonment. See United States v.
Wilson, 503 U.S. 329 (1992). BOP policies and instructions to staff for the calculation of terms of
imprisonment are complicated and extensive. See Program Statements 5880.28, Sentence
Computation Manual (CCCA of 1984); 5880.30, Sentence Computation Manual ("Old
Law"-Pre-CCCA-1984); 5880.32, District of Columbia Sentence Computation Manual; and 5110.14,
Administration of Sentence for Military and Coast Guard Inmates. Specific questions related to
sentence calculation should be directed to the DSCC, telephone (972 ) 352-4400.

A prisoner challenging the calculation of a particular sentence does so by filing a Petition for Writ
of Habeas Corpus, pursuant to 28 U.S.C. 2241, in the U.S. District Court possessing personal
jurisdiction over his or her immediate custodian (Warden). Inmates are required to exhaust the
administrative remedy process prior to seeking judicial relief. See Program Statement 1330.13,
Administrative Remedy Program. We request the court contact us if questions arise as to how a J&C
will be interpreted, so that potential problems may be avoided. Occasionally, a J&C may direct the
defendants term of imprisonment to be calculated in a manner contrary to law. The BOP will then
notify the prosecuting Assistant U.S. Attorney and/or the court to resolve the problem.

3. Commencement of a Term of Imprisonment

Title 18 U.S.C. 3585(a) dictates that [a] sentence to a term of imprisonment commences on the
date the defendant is received in custody awaiting transportation to, or arrives voluntarily to
commence service of sentence at, the official detention facility at which the sentence is to be
served. Consequently, J&Cs directing a defendants term of imprisonment to commence at a date

12
earlier than its date of imposition, or some other date, are viewed by the BOP as contrary to statute,
and notice will be given to the Court.

4. Credit for Prior Custody (Jail Time)

Title 18 U.S.C. 3585(b) dictates the method of calculating credit for prior custody of defendants
whose offense was committed on or after November 1, 1987. Sentence credit is awarded for any
time spent in official detention prior to the date a term of imprisonment commences, provided it was
served as a result of the offense for which the sentence was imposed, or as a result of any offense
(state or federal) for which the defendant was arrested after committing the offense for which the
federal sentence was imposed. Additionally, the time must not have been credited against any other
sentence. Slightly different rules apply for defendants whose date of offense is prior to
November 1, 1987. See 18 U.S.C. 3568 (repealed).

After a defendant is sentenced, the BOP is responsible for determining what period(s) of prior
custody may be credited toward the federal term of imprisonment. See United States v. Wilson, 503
U.S. 329 (1992). Periods spent on pretrial release, no matter how restrictive, cannot be awarded as
prior custody credit to U.S. Code offenders. See Reno v. Koray, 515 U.S. 50 (1995). D.C. Code
felony offenders, however, may be entitled to such credit. See Program Statement 5880.32, District
of Columbia Sentence Computation Manual. Consequently, J&Cs must be carefully drafted to avoid
requiring prior custody credit awards in circumstances which are contrary to statute. In those
infrequent instances in which a sentence being imposed is adjusted, for a period of time already
served, the court should note on the J&C the amount of time by which the sentence is being
adjusted, the undischarged term of imprisonment for which the adjustment is being given, and that
the sentence imposed is a sentence reduction pursuant to U.S.S.G. 5G1.3(b), for a period of
imprisonment that will not be credited by the BOP. See U.S.S.G. 5G1.3, Imposition of a Sentence
on a Defendant Subject to an Undischarged Term of Imprisonment, App. Note 2(C), Imposition of
Sentence. Otherwise, it may appear that prior custody credit is being awarded contrary to 18 U.S.C.
3585(b).

5. Credit for Satisfactory Behavior (Good Conduct Time)

Title 18 U.S.C. 3624(b) provides Good Conduct Time (GCT) credit for U.S. Code felony offenders
whose offense was committed on or after November 1, 1987, and D.C. Code felony offenders whose
offense was committed on or after August 5, 2000. Under that provision, inmates serving sentences
greater than one year, but less than life, may receive up to 54 days sentence credit per year served.
Inmates sanctioned for violating prison disciplinary rules may lose all or part of these credits. See
Program Statement 5270.07, Inmate Discipline and Special Housing Units.

In light of the specific sentence credit applications involved, sentencing courts must be very specific
in wording the J&C. Defendants sentenced to a one year term of imprisonment will actually serve
one year, without the benefit of any GCT credit. Defendants sentenced to a year and a day term
of imprisonment, however, can receive credit for satisfactory behavior and thus can actually serve
less than one year. The DSCC should be consulted to provide assistance in wording the J&C,
to effect the Courts intention in accordance with applicable statutes and BOP policy.

13
For inmates whose offense was committed on or after November 1, 1987, 3624(b) allows 54 days
of credit "at the end of each year of the prisoners term of imprisonment." This does not mean that
inmates serve only 311 days for every year of imprisonment imposed. Rather, inmates serve 365
out of 419 days (365 + 54 = 419) of the sentence. For example, consider the case of an inmate
sentenced to a three-year term of imprisonment on January 1, 1992. On January 1, 1993, the inmate
receives 54 days good conduct time, leaving 676 days remaining in his or her sentence (2 years
minus 54 days). On January 1, 1994, the inmate receives another 54 days of GCT, leaving 257 days
remaining in his or her sentence (1 year minus 108 days). The inmate will not earn another 54 days
of GCT against his or her sentence after January 1, 1994, as he or she does not have 365 days
remaining to serve. Instead, the final award of GCT will be prorated for the final 257 days, resulting
in an award of 33 days. The total deduction against the sentence in this case is 141 days (54+54+33),
not 162 (54+54+54).

Sentence credit for satisfactory behavior by U.S. Code offenders whose offense was committed prior
to November 1, 1987, is governed by Title 18 U.S.C. 4161- 4166 (repealed). Until 1987, such
defendants were eligible to accrue both Statutory Good Time ( 4161) and Extra Good Time
( 4162). Statutory Good Time may be forfeited in whole or in part if the prisoner violates
institution rules or commits any offense. See 18 U.S.C. 4165.

6. Fines and Costs of Confinement

Pursuant to U.S.S.G. 5E1.2, the court shall impose a fine in all cases, unless the defendant lacks
the necessary financial resources to make payments. For offenses committed on or after
November 1, 1987, the court cannot require that any fine imposed be paid as a precondition for
release from imprisonment. This is a change from prior law, which permitted the court to order the
defendant to remain in prison until the fine is paid, unless and until a determination was made that
the defendant was indigent or otherwise unable to pay the fine. See Program Statement 5882.03,
Fines and Costs for Old Law Inmates. The Court Security Improvement Act of 2007, Pub. L. 110-
177, amended Title 18 U.S.C. 3624(e) by striking the provision that prohibited releasing an inmate
to supervised release unless the inmate agreed to adhere to an installment schedule to pay for any
court-ordered fine imposed for the current offense. The statute requires only that the BOP notify the
inmate upon release of the releasees requirement to adhere to the court-ordered payment schedule.

The Application Notes to the Sentencing Guidelines refer the court to the BOP and the
Administrative Office of the U.S. Courts for assistance in determining an appropriate fine. Should
the court wish, the BOP will furnish the court with the average cost of confinement at all facilities.
The average cost across all facilities is used, as an inmate may be held in several different facilities
during a single term of imprisonment. For prisoners for whom the court did not assess a fine to
cover the costs of incarceration, and for whom the court did not waive the fine due to indigence, the
BOP is authorized to collect a fee equal to the cost of one year of imprisonment, or a prorated
amount, if the defendant is sentenced to a shorter term. See 18 U.S.C. 4001 (note) and Program
Statement 5380.06, Cost of Incarceration Fee (COIF). The yearly average cost of incarceration for
a federal inmate in Fiscal Year 2006 was $24,440.

14
The BOP is authorized to require inmates transferred to RRCs to pay a portion or all of the costs
of their confinement, and with few exceptions, all employed offenders confined in RRCs must make
payments toward their housing costs. See 18 U.S.C. 3622 (c)(2). Funds collected are not returned
to the BOP, but are paid to the United States Treasury. Nevertheless, requiring such payments is
an effective means for the government to recover some of the costs of operating the criminal justice
system, and assists offenders to become responsible members of the community.

7. Inmate Financial Responsibility Program

To assist in the collection of court-ordered financial obligations, the BOP operates the Inmate
Financial Responsibility Program (IFRP) in conjunction with the Administrative Office of the U.S.
Courts. See Program Statement 5380.08, Financial Responsibility Program, Inmate. All inmates
with financial obligations including special assessments, restitution, fines and court costs, state or
local court obligations, and other federal obligations, are encouraged to work with staff to develop
an individual financial plan.

Participation in IFRP is tied to eligibility for prison privileges including preferred housing, job
assignments, and community activities such as community confinement and furloughs.
Participation is also tied to institutional program and custody level changes. If eligible for parole,
the inmate's progress in meeting his or her financial plan is a factor considered at the parole hearing.
Inmates are responsible for making all payments from outside resources, pay for work in the
institution, or a combination of the two.

All sentenced inmates are required to work in an institutional assignment or UNICOR work
assignment with the exception of those who are unable to work for security, educational, or medical
reasons. See Program Statement 5251.05, Inmate Work and Performance Pay Program. Inmates
may also earn bonus pay for outstanding work performance. An inmate with a court-ordered
financial obligation is given preference for assignment to UNICOR, and such an assignment requires
that 50% of the inmates earnings are applied to payment of that obligation.

Should the sentencing court intend for the inmate to begin immediate payment of financial
obligations at commitment through the IFRP, the court should precisely specify that intent. The
J&C should either specify that the financial obligation is due immediately or the J&C should
remain silent as to when due. In the latter case, 18 U.S.C. 3572(d) requires immediate payment.

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


installments as set by the IFRP is ambiguous and may result in the defendants non-participation
in the IFRP. The relevant CLC attorneys offices can provide assistance in properly wording the J&C
to reflect the courts intention.

15
V. POST-CONVICTION ISSUES

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

1. Security Designation and Custody Classification

Following the imposition of a sentence of imprisonment, the BOP begins the process of designating
the defendant to a facility for service of the sentence. Title 18 U.S.C. 3621 authorizes the BOP
to designate where a prisoner will serve his or her sentence. The BOP retains exclusive discretion
to assign, or to transfer, any prisoner to any facility. See Classification of Inmates, 28 C.F.R.
pt. 524, and Program Statement 5100.08, Inmate Security Designation and Custody Classification.

The DSCC is responsible for initial custody classification, designation, and an inmates assignment
of BOP management variables and public safety factors. The DSCC is also responsible for all
transfers, and all sentence calculations. After an inmate is designated to an institution, institution
staff are responsible for the security and custody classification of the inmate. Institution staff submit
all requests for transfer and waivers of inmate public safety factors and management variables to the
DSCC, for review and approval.

The DSCC first receives notification of a newly-sentenced federal offender from the U.S. Marshal
in the sentencing district. If the court does not direct the defendant to self-surrender, the USMS will
arrange for transportation of the inmate to the designated institution. See Program Statement
5100.08, Inmate Security Designation and Custody Classification. The DSCC will ordinarily
complete the initial designation within three working days of receiving all the necessary
documentation from the USMS and the U.S. Probation Office, including the Presentence
Investigation Report, the J&C, Statement of Reasons, and Central Inmate Monitoring information,
when such an assignment is necessary.

Designation decisions take into account a number of factors including the level of security and staff
supervision the inmate requires, and the level of security and staff supervision the institution
provides. Other considerations include the medical classification care level of the inmate and the
care level of the institution, as well as the inmates program needs (e.g., substance abuse treatment,
education and vocational training, individual and/or group counseling, medical/mental health
treatment). Various administrative factors are considered as well, including institution bedspace
capacity, the inmates release plans, judicial recommendations, separation needs, and security
measures needed to ensure the safety of victims, witnesses, and the general public.

Should the court make findings regarding controverted matters contained in the Presentence
Investigation Report affecting the defendants classification, the court should record these findings
in the Statement of Reasons attachment to the J&C. See FED. R. CRIM. P. 32(c)(1).
Recommendations from the sentencing court are considered in the designation decision.

16
2. Movement to the Institution

After an initial designation has been made, an inmate may be transported to the assigned facility by
the USMS, either by vehicle or contract carrier airline. The USMS also operates a fleet of aircraft
in conjunction with the Justice Prisoner and Alien Transportation System (JPATS). Additionally,
BOP ground transportation and support provide for economical and expeditious movement of
inmates.

On occasion, the court may order a defendant to voluntarily surrender at the facility to which he or
she is initially designated. The BOP draws a positive inference from the court's determination that
the defendant is sufficiently trustworthy to surrender voluntarily, and self-surrender will favorably
impact the inmate in terms of classification and designation decisions.

3. Interstate Agreement on Detainers

Many prisoners in BOP custody have detainers for unresolved criminal charges pending against
them in one or more jurisdictions. To facilitate programming designed for treatment and
rehabilitation, and to resolve pending matters, BOP joins with many states as a party to the Interstate
Agreement on Detainers (IAD). See 18 U.S.C. App. II; and Program Statement 5800.14, Inmate
Systems Management Manual, Ch. 6. This agreement enables a jurisdiction carrying an untried
criminal indictment, information, or complaint, to secure temporary custody of the inmate. Such
proceedings may be initiated by the state or by the inmate. Program Statement 5800.14 delineates
the appropriate procedures for a jurisdiction to obtain custody of an inmate with a detainer lodged
by a member state.

4. Central Inmate Monitoring System

The BOP monitors and controls the transfer, temporary release on writ, and community activities
of certain inmates who present special management needs or security concerns. See Central Inmate
Monitoring System, 28 C.F.R.524.70 et. seq.; Program Statement 5180.04, Central Inmate
Monitoring System. Central Inmate Monitoring (CIM) inmates require a higher level of review
which may include Central Office and/or Regional Office clearance for transfers, temporary releases,
or community activities. Monitoring does not preclude a CIM inmate from such activities when the
inmate is otherwise eligible, but contributes to the safe and orderly operation of federal institutions
and to the protection of the public.

Special measures are taken to protect at-risk inmates. Individuals who agree to cooperate with law
enforcement, judicial, or correctional authorities frequently place their lives or safety in jeopardy
by being a witness or intended witness against persons or groups involved in illegal activities.
While in custody, an offender may require separation from other inmates stemming from such events
that either preceded confinement, or occurred during incarceration. Accordingly, procedures have
been developed to help ensure the safety of these individuals. An inmate may have a Separation
assignment, or may be admitted to the Witness Security program. If deemed necessary, such a
classification may continue throughout the period of incarceration.

17
B. Admission and Orientation Program for Inmates

Every inmate designated to a BOP institution is required to participate in the Admission and
Orientation (A&O) program. See Program Statement 5290.14, Admission and Orientation Program.
Staff presentations provide each inmate with written materials describing institution operations,
program availability, inmate rights and responsibilities, and the BOP inmate discipline process.
Each inmate receives an introduction to all aspects of the institution and meets with staff from the
case management, medical, and mental health units.

C. Programs and General Services

Research has demonstrated that inmate participation in programs teaching marketable skills helps
to reduce recidivism rates. Additionally, institution misconduct can be significantly reduced through
programs emphasizing personal responsibility, respect, and tolerance of others. Accordingly, the
BOP offers inmates program opportunities to adopt positive social values and life skills. Programs
include working in prison industries and other job assignments, vocational training, mock job fairs,
drug treatment, faith-based residential programs, parenting skills, and other programs described in
greater detail below.

1. Education and Recreation Programs

The BOP is committed to providing inmates with opportunities to gain skills needed for successful
reentry to the community, within a secure environment.

Program Statement 5300.21, Education, Training, and Leisure Time Program Standards, requires
each institution to maintain an Education Department responsible for providing inmates with literacy
classes and other related educational programs. Every institution provides both leisure and law
library services. See Program Statement 1542.06, Library Services, Inmate.

Title 18 U.S.C. 3624(f) mandates an education program for those federal prisoners who are not
functionally literate. Non-English speaking inmates are required to participate in an English as a
Second Language program until able to function in the English language at the eighth grade level,
pursuant to 18 U.S.C. 3624(f)(4). With few exceptions, inmates lacking either a high school
diploma, or a General Educational Development credential (GED), are required to enroll in an adult
literacy program for a minimum of 240 hours. See 28 C.F.R. 544.70. Should an inmate
prematurely end his or her participation prior to program completion, the inmate will lose some
Good Conduct Time potential if governed by that statutory provision. Upon completion of the 240
hour course, an inmate may choose to end participation in adult literacy classes. However, to
encourage the inmate to participate in such programs until earning the GED, incentive awards are
available. Pursuant to 28 C.F.R. 544.72 and 544.74, work pay is limited for inmates who choose
to discontinue program participation without obtaining a GED.

18
The Violent Crime Control and Law Enforcement Act of 1994, enacted September 13, 1994,
Pub. L. 103-322, 108 Stat.1796 [hereinafter VCCLEA], mandates that an inmate with a date of
offense on or after September 13, 1994, but not before April 26, 1996, lacking a high school diploma
or GED credential, must participate and make satisfactory progress in the literacy program in order
to vest earned Good Conduct Time. The Prison Litigation Reform Act of 1995, enacted
April 26, 1996, Pub. L. 104-134, 110 Stat. 1321 [hereinafter PLRA], provides that in determining
Good Conduct Time awards, the BOP shall consider whether an inmate with a date of offense on
or after April 26, 1996, who lacks a high school diploma or GED, participates in and makes
satisfactory progress in the literacy program, in order to be eligible to earn the maximum amount
of Good Conduct Time. A foreign national who is subject to a final confirmed order of removal,
deportation, or exclusion, is exempt from the satisfactory progress requirement of the literacy
program provisions of VCCLEA and PLRA. See 28 C.F.R. 523.20(d).

A variety of programs for self-improvement, including nutritional education, physical fitness, weight
control, stress reduction, anger management, parenting skills, and interpersonal skills development
are offered. College and vocational training courses are available at many institutions.

Recreation programs encourage inmates to make constructive use of leisure time and offer group
and individual activities. Physical fitness and wellness programs are provided during non-working
hours to promote positive lifestyle changes. See Program Statement 5370.10, Recreation Program,
Inmate. Hobbycraft programs vary from institution to institution, including activities such as
painting, leathercrafts, artwork, and ceramics. Completed projects are mailed home, as inmates are
not permitted to retain completed projects in their possession. See 28 C.F.R. 544.35, 553.11(e).

2. Religious Programs

Title 28 C.F.R. pt. 548, Religious Programs and Program Statement 5360.09, Religious Beliefs and
Practices set forth BOP policy for inmates who wish to practice their religion while incarcerated.
Each institution is assigned a staff Chaplain, who both ministers to the inmate population, and serves
as a department head to arrange for contract religious clergy and volunteers from the community to
assist in group worship, individual religious counseling, spiritual guidance, and the study of sacred
writings. Major inmate faith groups meet on a regular basis and each institution offers an
opportunity for individual worship.

3. Food Service

Each institutions food service program offers nutritionally balanced, appetizing meals. Special
Food and Meals, 28 C.F.R. 547.20 and Program Statement 4700.05, Food Services Manual,
provide that medical diets be available to inmates who require such diets. In addition, inmates with
religious dietary requirements may apply for the religious diet program, designed to address the
dietary restrictions of a variety of different religions. See Program Statement 5360.09, Religious
Beliefs and Practices.

19
4. Work Programs and UNICOR

All federal inmates are required to work with the exception of those who for security, educational,
or medical reasons are unable to do so. See Inmate Work and Performance Pay Program, 28 C.F.R.
pt. 545, subpt. C; Program Statement 5251.05, Work and Performance Pay Program, Inmate. An
institution work day ordinarily is seven hours. Most inmates are assigned to an institution job such
as food service worker, orderly, plumber, painter, warehouse worker, or groundskeeper, earning 12
cents to 40 cents per hour.

Inmates may apply for an assignment to Federal Prison Industries (FPI). FPI, under the trade name
UNICOR, employs over 22,000 inmates, approximately 25% of the sentenced, medically eligible,
federal inmate population. In accordance with statutory mandates, UNICOR (1) provides
employment and industrial skills training to as many inmates as possible; (2) produces market-
priced, quality goods for federal government customers; (3) operates in a self-sustaining manner;
and (4) minimizes its impact on private business and labor.7 See 18 U.S.C. 4122. UNICOR job
wages currently range from 23 cents to $1.15 per hour. Inmates may also earn bonus pay for
outstanding work performance. See Program Statements 8120.01, Work Programs for Inmates, FPI;
8000.01, UNICOR Corporate Policy and Procedures.

5. Inmate Accident Compensation

Inmates are not federal employees and are not subject to the Fair Labor Standards Act or other
federal employee compensation laws. If an inmate is injured while performing an assigned duty,
he or she must immediately report the injury to the work supervisor. The work supervisor will secure
medical treatment for the inmate and file an injury report with the institution safety manager. See
Program Statement 1600.08, Occupational Health and Environment Safety Manual. Pursuant to
18 U.S.C. 4126, and Inmate Accident Compensation , 28 C.F.R. pt. 301, inmates may be
compensated for injuries caused by the actual performance of their work assignments in UNICOR
or in other institution work assignments. The Inmate Accident Compensation program is the
exclusive remedy available to inmates who sustain work-related injuries. Inmates may not recover
damages for work-related injuries. See Federal Tort Claims Act, 28 U.S.C. 2671, et seq.; United
States v. Demko, 385 U.S. 149 (1966).

7
UNICOR is a wholly-owned federal government corporation and does not receive Congressional
appropriations for its operations. See 18 U.S.C. 4122(b)(1) and Program Statements 8000.01, UNICOR Corporate
Policy; 8120.02, FPI Work Programs for Inmates. Title 18 U.S.C. 4121 et seq., when read together with Title 10
U.S.C. 2410n and Section 637 of the Consolidated Spending Bill for FY 2005 (Division H), Pub. L. 108-447,
require federal departments, agencies, and government institutions to purchase products listed on UNICORs
schedule of products from UNICOR, when those products are comparable to products offered by private vendors in
terms of price, quality and time of delivery. If UNICORs products are not comparable, then the federal purchaser
may procure the product through a competitive solicitation, provided that UNICOR is given an opportunity to
compete. UNICOR also provides a variety of services on a competitive basis.

20
(a) Lost-Time Wage Program

Inmates injured in the course of performing their work assignments, and who are medically excused
for at least three consecutively scheduled work days, may receive lost-time wages equal to 75 % of
the standard hourly rate for their regular work assignments. Pursuant to 28 C.F.R. 301.202-.203,
an Institution Safety Committee oversees the Lost-Time Wage Program. A lost-time wage continues
until the inmate is released, transferred to another institution (for reasons unrelated to the injury),
returns to the work assignment, or refuses to return to work. An inmate dissatisfied with any
decision regarding lost-time wages may appeal the decision pursuant to Program Statement 1330.13,
Administrative Remedy Program.

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

No more than 45 days prior to the date of an inmates release, but no less than 15 days prior to this
date, an inmate who feels that a residual physical impairment exists as a result of a prison work-
related injury may apply for compensation. Should circumstances not permit such a submission, a
claim may be accepted up to 60 days following release or up to one year after release, for good cause
shown. This program is administered from the Central Office, and any questions may be directed
to the Claims Examiner, Inmate Accident Coordinator. A claim for compensation as the result of
a work-related death may be filed by a dependent of the deceased inmate up to one year after the
inmates work-related death. See 28 C.F.R. 301.302-303.

6. Female Offenders

Female inmates are not housed with male inmates. At various sites, female offender units may share
the campus at a largely male facility. However, all housing units and activities are separate.
Appropriate programs and services are provided to meet the physical, social, and psychological
needs of female offenders. Programming is in parity with that offered to male inmates, tailored to
be gender-responsive. See Program Statement 5200.01, Management of Female Offenders.

The designation and classification system for female offenders acknowledges empirical evidence
that female offenders are less likely to be violent or attempt escape. Bedspace for female offenders
is available at varied security levels.

(a) Birth Control and Pregnancy

The BOP provides female inmates with medical and social services related to pregnancy, birth
control, child placement, and abortion. See Birth Control, Pregnancy, Child Placement and Abortion,
28 C.F.R. pt. 551 and Program Statement 6070.05. Each inmate is medically screened for pregnancy
upon admission, and is instructed to inform medical staff should she suspect she may be pregnant,
so that pre-natal care may be immediately provided. Childbirth takes place at a community hospital
pursuant to 28 C.F.R. 551.22(c). While placement of the child in the community is the inmates
responsibility, staff will assist the inmate and work closely with community agencies to effect an
appropriate arrangement.

21
The BOP offers a community residential program for pregnant inmates, Mothers and Infants
Together (MINT). The MINT program, managed by private social service agencies under contract
to the BOP, provides mothers with childbirth, parenting, and coping skills classes. In addition to
parenting services, MINT sites offer chemical dependency treatment, physical and sexual abuse
counseling, self-esteem building programs, budgeting classes, and vocational and educational
programs. It is at the discretion of the inmates institution housing Unit Team to decide whether to
refer the inmate to MINT. A MINT participant is given an opportunity to bond with her newborn
child before returning to an institution to complete her sentence.

Prior to the birth, the mother must make arrangements for an appropriate custodian for the child. An
inmate is eligible to enter the program if she satisfies the general criteria for furlough eligibility, and
is in her final two months of pregnancy. See Program Statement 5280.08, Furloughs.

(b) Abortion

In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court decided that a woman has a fundamental
right of privacy to choose to terminate her pregnancy. The Court has also made clear, however, that
the exercise of such a choice need not be carried out through the use of federal funds. See Rust v.
Sullivan, 500 U.S. 173 (1991).

Pursuant to 28 C.F.R. 551.23 and Program Statement 6070.05, Birth Control, Pregnancy, Child
Placement, & Abortion, the Warden provides each pregnant inmate with medical, religious, and
social counseling to aid her in making the decision whether to carry the pregnancy to term or to have
an elective abortion. The BOP will assume all costs associated with the abortion procedure only
when the life of the mother would be endangered if the fetus is carried to term, or in the case of rape.
In all other cases non-BOP funds must be obtained to pay for any abortion procedure. In all cases,
however, whether the BOP pays for the abortion or not, the BOP may expend funds to escort the
inmate to a facility outside the institution to receive the procedure.

7. Substance Abuse Treatment

The Bureau of Prisons has committed considerable resources and staff to the treatment of inmates
with substance abuse problems, including abuse of drugs and alcohol. Each BOP institution is
staffed with one or more psychologists, a Drug Abuse Program Coordinator, and a minimum of one
Drug Abuse Treatment Specialist, to provide non-residential drug abuse treatment and drug abuse
education to its inmates. On admission to a BOP facility, a staff psychologist reviews the inmates
case for any history of drug use. If after clinical diagnosis it is determined that an inmate could
benefit from treatment, the offender will be assessed for treatment. Drug education is available to
all inmates, and a variety of programming is available. See Program Statement 5330.10, Drug Abuse
Programs Manual - Inmate.

The most intensive drug abuse program offered is the Residential Drug Abuse Treatment Program
(RDAP). VCCLEA included the requirement that all inmates who volunteer for and are eligible for
RDAP, will receive RDAP services prior to their release from custody. VCCLEA included a strong

22
incentive for non-violent inmates to participate in RDAP. Eligible inmates who successfully
complete the program may be granted up to 12 months early release. See 18 U.S.C. 3621(e)(2)(B).
Over 7,000 inmates are currently awaiting an opening to participate in one of the RDAPs, located
in 58 BOP institutions.

Inmates are admitted into RDAP based on their proximity to their release date, to ensure that every
inmate who volunteers and is eligible for RDAP receives the full course of treatment prior to
community release. Inmates in the residential program are housed together, to create a treatment
community. Treatment is provided for a minimum of 500 hours, over a 9 to12 month period.
Required RDAP components also include a transitional drug program, when the inmate is returned
to general population, and participation in community-based drug treatment, when the inmate is
released to an RRC.8

8. Urine Surveillance Program

Illegal drug use compromises institutional security and threatens inmate and staff safety, and the
BOP maintains careful oversight to detect and deter inmate drug use. See Program Statement
6060.08, Urine Surveillance and Narcotic Identification. Urine screening is a major element of the
program. Inmates involved in community activities are routinely tested for the use of illegal drugs,
and inmates are tested based on individualized suspicion of drug use. In addition, a random sample
of the total inmate population at each institution is tested monthly. Any inmate testing positive for
unauthorized substances is subject to sanction, including the loss of early release earned through
successful RDAP completion. Any visitor or staff member found to be introducing illegal drugs or
other contraband into an institution is immediately subject to arrest. See 18 U.S.C. 1791, 3571,
and Program Statement 5510.09, Searching and Detaining or Arresting Persons Other than Inmates.

9. Medical Services

(a) Medical Services Available to Sentenced Offenders

Every institution maintains a Health Services Unit to provide medical, dental, and mental health
care. BOP policy regarding medical care and procedures for caring for inmates with medical needs
is set forth in Medical Services, 28 C.F.R. pt. 549 and Program Statement 6031.01, Patient Care.
Service is provided by a variety of health care professionals, including psychiatrists, physicians,
nurses, physician assistants, dieticians, dentists, and pharmacists. BOP health care staff is augmented
by assigned United States Public Health Service personnel. Community medical professionals are
consulted as needed, and inmates are sent to community hospitals should medically necessary care
be unavailable at the institution. See Program Statement 6010.02, Health Services Administration.

8
In coordination with the National Institute on Drug Abuse, the BOP conducted a rigorous 3-year outcome
study of the RDAP, beginning in 1991. The results were published in 2000. See BOP Office of Research and
Evaluation: Treating Inmates Addiction to Drugs (TRIAD) Project: Final Report of Three-Year Outcomes: Part I,
September 2000. Positive outcomes in recidivism and substance abuse relapse were found for both male and female
inmates.

23
In making determinations regarding the appropriate institution in which to house an offender, the
BOP carefully considers the offenders health status. Because of the extensive medical services the
BOP provides, a defendants medical condition generally will not preclude a sentence to BOP
custody. When serious health concerns are an issue in a designation decision, the DSCC will refer
the case to the BOPs Office of Medical Designations and Transportation in the Health Services
Division, in the Central Office. A specific institution is designated with attention to the urgency of
need; institution capability; current bed space availability; and security concerns. BOP facilities are
classified by the intensity level of health care resources.

Each inmates is assigned a medical CARE Level, based on his or her medical background as
described in the Presentence Report and other available information. The BOPs goal in
implementing its four CARE levels is to assign inmates with greater medical needs to those facilities
with more comprehensive on-site medical resources, and to provide more effective and efficient
access to health care for each inmate.

Inmates with CARE Level 1 needs are generally healthy and under 70 years of age, and may have
limited medical needs requiring clinician evaluation and monitoring. Examples of such conditions
are mild asthma, diet-controlled diabetes, and patients with human immunodeficiency virus (HIV)
who are stable and do not require medications.

Inmates with CARE Level 2 needs are those who are stable outpatients, requiring at least quarterly
clinician evaluation. Examples of such conditions are medication-controlled diabetes, epilepsy, and
emphysema.

Inmates with CARE Level 3 needs are fragile outpatients who require frequent clinical contacts,
and/or who may require some assistance with activities of daily living, but do not require daily
nursing supervision. This CARE level may include stabilization of medical or mental health
conditions that may require periodic hospitalization. Other examples of this CARE Level are
patients with cancer in remission less than a year, advanced HIV disease, severe mental illness in
remission on medication, severe congestive heart failure, and end-stage liver disease.

Inmates with CARE Level 4 needs are severely impaired, and may require daily nursing care.
Examples of such conditions are those with cancer in active treatment, dialysis, quadriplegia, stroke
or head injury patients, major surgical patients, acute psychiatric illness requiring inpatient
treatment, and high-risk pregnancy.

The DSCC designates those inmates with CARE Levels 1 and 2. For those inmates with CARE
Levels 3 and 4, the designation decision will be made by the Office of Medical Designations and
Transportation, not by the DSCC, as the medical need of the inmate is the primary factor in the
designation decision.

24
(b) Medical Referral Centers

Medical, dental, and mental health services at each institution are provided according to the CARE
Level. Six BOP facilities are federal medical referral centers (FMCs), providing specialized health
services:

FMC Butner, North Carolina

Located north of Raleigh, FMC Butner is part of the Federal Correctional Complex (FCC)
and serves as a major medical and psychiatric referral center for male inmates. FMC Butner
has all specialty areas of medicine and it is the primary referral center for oncology,
providing chemotherapy and radiation therapy. FMC Butner also has the ability to manage
a broad range of subacute and chronically ill inmates. An orthopedic surgery program is
available for selected cases. Dialysis services are provided on-site.

FMC Carswell, Fort Worth, Texas

Located in Fort Worth in the northeast corner of the Naval Air Station, Joint Reserve Base,
FMC Carswell serves as the major medical and psychiatric referral center for female
inmates. All specialty areas of medicine are available at FMC Carswell, through in-house
staff and community-based consultant specialists. A Residential Drug Abuse Treatment
Program for women is available.

FMC Devens, Massachusetts

Located in central Massachusetts, northeast of Worcester, FMC Devens serves both medical
and mental health care needs of male inmates. All specialty areas of medicine are available
at FMC Devens, through in-house staff and community-based consultant specialists.
Additional services provided at FMC Devens include dialysis treatment for inmates in end-
stage renal failure. The University of Massachusetts provides renal transplant services
through a contract with FMC Devens, to inmates who are appropriate candidates. A
Residential Drug Abuse Treatment Program is available.

FMC Lexington, Kentucky

Located just north of Lexington, FMC Lexington treats male inmates. All specialty areas
of medicine are available at FMC Lexington, by in-house staff and community-based
consultant specialists. FMC Lexington serves as the primary referral center for inmates with
most types of leukemia and lymphoma. Outpatient forensic studies may be performed at
FMC Lexington; however, FMC Lexington does not have a psychiatric mission and is not
staffed with psychiatrists.

25
FMC Rochester, Minnesota

Located 80 miles southeast of Minneapolis, FMC Rochester serves as a major medical and
mental health referral center for male inmates. Most specialty and sub-specialty
consultations are available through the Mayo Clinic, and in other local facilities. FMC
Rochester is the primary referral center for inmates with end-stage liver disease and
advanced HIV infection, as well as other infectious diseases requiring long-term
management. FMC Rochester provides extensive psychiatric and psychology services,
including inpatient psychiatry services and forensic studies. Outpatient forensic studies are
not performed at FMC Rochester.

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

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


referral center for male inmates. All specialty areas of medicine are available at USMCFP
Springfield, through in-house staff and community-based consultant specialists. Springfield
is the primary referral center for high security inmates. The institution maintains extensive
psychiatric and psychological services, to include inpatient forensic studies. It is the major
kidney dialysis center for the BOP, and contracts with the University of Missouri to provide
renal transplants to inmates with living-related donors.

(c) Voluntary Mental Health and Medical Treatment

In accordance with Program Statements 6031.01 Patient Care; 6340.04, Psychiatric Services; and
5310.12, Psychology Services Manual, the health care mission of the BOP is to provide appropriate
and necessary medical, dental, and mental health services to inmates by professional staff. As in the
community, each individual inmate is responsible for self-care, and for seeking medical services
when necessary. Regardless of the CARE Level of the inmate, each inmate is assigned to a Primary
Care Provider Team designed to function in the same manner as a community medical team practice.
Whenever possible, the inmate will see the same medical provider(s) for each appointment, ensuring
continuity of care and economy of service.

Patient care is provided by appointment, scheduled in advance through request by the inmate, or
scheduled by the provider for follow-up examination. A nominal co-pay for inmate-initiated medical
visits is assessed to encourage responsible use of health care resources, but no inmate is denied care
because of inability to pay. See Program Statement 6031.02, Inmate Copayment Program.
Prescribed medications are given free of charge, in accordance with an established National
Formulary. Certain over-the-counter medications may be purchased in the inmate commissary.
Generally, inmates may keep prescribed medications within their possession. Controlled medication
is individually dispensed by medical staff.

26
(d) Managing Infectious Disease

Inmate education plays a large role in the BOPs effort to prevent and manage infectious disease.
Inmates are provided information on a continuing basis to address disease prevention, both within
the institution and on release. The BOP has adopted a multi-faceted program of testing, treatment,
and education, and the rate of HIV and TB (tuberculosis) and other infectious diseases in the inmate
population does not significantly differ from that in the community. Inmates are tested for HIV
when clinically indicated. They are also tested for purposes of infectious disease monitoring, and
at the request of the inmate. While inmates with HIV are housed in the general population, HIV-
positive inmates who demonstrate predatory or promiscuous behavior may be isolated in order to
protect other inmates from becoming infected. The BOP also maintains an active program to control
and treat contagious TB disease. Each inmate is required to undergo TB screening within two
calendar days of initial incarceration. All inmates who are free from prior TB infection are screened
annually for newly-acquired TB infection, and when clinical staff determine that the inmate may be
at risk for infection. See Procedures for Handling of HIV Positive Inmates Who Pose a Danger to
Others, 28 C.F.R. pt. 541, subpt. E, and Program Statement 6190.03, Infectious Disease
Management.

10. Mental Health Counseling and Treatment Services

Inmates are offered a full range of mental health services, through staff psychologists and
psychiatrists, as well as through community mental health specialists. See Program Statements
5310.12, Psychology Services Manual; 6000.05, Health Services Manual; 6340.04, Psychiatric
Services; 5310.13, Mentally Ill Inmates, Institution Management of; and 6010.01, Psychiatric
Treatment and Medication, Administrative Safeguards for. Many inmates can be treated on an
outpatient basis. Inmates requiring in-patient treatment are referred to one of several psychiatric
referral centers: FMC Rochester; USMCFP Springfield; FMC Butner; FMC Devens; and FMC
Carswell for female inmates. Several important principles govern the care and treatment of inmates
who suffer from mental disease or defect. Psychiatric medication is used only for a diagnosed
psychiatric disorder for which such medication is the most appropriate treatment. See 28 C.F.R.
549.43(b); Program Statement 6010.01, Psychiatric Treatment and Medication, Administrative
Safeguards for. Psychiatric treatment is available on-site, through telemedicine evaluation, or by
community consultants.

Suicide prevention is a major concern at all institutions. Program Statement 5324.08, Suicide
Prevention Program, emphasizes staff training to alert staff to signs of those inmates who may be
contemplating suicide, and provides for comprehensive prevention programs.

Seclusion and medical restraints may be used solely for medical reasons, never for behavior
modification or punishment. Such measures may be used only in the most extreme situations, and
all restraint and seclusion orders must be renewed at least every 24 hours.

27
(a) Involuntary Mental Health Treatment

The Supreme Court has held that the Due Process Clause permits prison officials to involuntarily
medicate a mentally ill inmate with psychotropic medication if the inmate is dangerous to self, either
actively or by being gravely disabled, or to others, and if such treatment is in the prisoner's medical
interest. See Washington v. Harper, 494 U.S. 210 (1990). See also United States v. Sell, 539 U.S.
166 (2003) (holding that if medication is to be involuntarily administered solely for the purpose of
restoring an inmates competency, the decision must by made by the trial court); Administrative
Safeguards for Psychiatric Treatment and Medication, 28 C.F.R. pt. 549, subpt. C, and Program
Statement 6010.01. This treatment is permissible after the inmate has received notice and a hearing
before an administrative panel.9 In a psychiatric emergency, psychotropic medication may be
administered involuntarily, if the medication is an appropriate treatment for the mental illness, and
other alternatives would not be effective. Inmates given emergency treatment of this type will be
considered for referral to a BOP psychiatric referral center.

(b) Mental Health Programs

All institutions have available psychologists to provide inmates with counseling and other mental
health services. Psychologists facilitate ongoing counseling programs, conduct personal crisis
intervention, and are readily accessible to inmates as needed. Staff or contract psychiatrists are
available for individual consultation.

All inmates are screened by Psychology Services staff during the institution's Admission and
Orientation Program. Screening may include an individual interview. Psychologists are available
for individual and group counseling, and inmates interested in these services can submit a request
for participation to a staff member in Psychology Services. Mental health services are offered to
treat drug use and alcohol abuse, as well as other behavioral and emotional problems. See Program
Statement 5310.12, Psychology Services Manual. In addition, BOP staff in each housing unit are
available for informal counseling sessions and conduct formal group counseling activities through
Alcoholics Anonymous, anger management, and other groups. Inmate participation in these
activities is voluntary, and encouraged.

(c) Sex Offender Management and Treatment

The Bureau of Prisons maintains a comprehensive sex offender management strategy, implemented
to effectively manage its population of sex offenders, and manage the risks posed by these offenders
to the general public. With the passage of the Walsh Act, as codified in 18 U.S.C. 3621(f), Sex
Offender Management, the BOP has further expanded its monitoring, evaluation, and treatment
programs for sex offenders. As required by the Walsh Act, a specialized sex offender program is
offered in each BOP region. Inmates with a history of sexual offenses may be designated to the Sex

9
Medication may be administered without an administrative hearing for emergencies in which a person is
suffering from a mental illness which creates an immediate threat of bodily harm to self or others, serious destruction
of property, or extreme deterioration of functioning secondary to psychiatric illness. See 28 C.F.R. 549.43(b).

28
Offender Management Program (SOMP), at one of six institutions: FMC Devens; United States
Penitentiary (USP) Marion; USP Tucson; Federal Correctional Institution (FCI) Seagoville; FCI
Petersburg; and FCI Marianna. Assignment is made in accordance with the security level of the
individual.

An inmate amenable to treatment is offered participation in the Sex Offender Treatment Program
(SOTP-NR) offered at all SOMP institutions. SOTP-NR offers inmates individualized non-
residential treatment, ordinarily involving six to eight hours of programming per week, over a six-
month period. All participation in non-residential treatment services is voluntary.

Inmates at any BOP institution may choose to volunteer for an intensive residential sex offender
treatment program (SOTP-R) offered at FMC Devens. The BOP reviews each application for the
SOTP-R, considering such factors as the seriousness of the inmates sexual offending history, the
inmates disciplinary record, and the amount of time remaining on the inmates sentence. The SOTP-
R is a therapeutic community, housed in a 112-bed specialized unit. The program employs a wide
range of cognitive-behavioral and relapse prevention techniques to help the sex offender manage
his sexual deviance both within the institution and in preparation for release. Ordinarily, participants
complete the program in 12 to 18 months.

BOP assists the released sex offender with information regarding community treatment programs
available to them upon release from federal custody. See 18 U.S.C. 4042(c), and Program
Statement 5141.02, Sex Offender Notification and Registration. In addition, BOP informs state and
local law enforcement agencies of the release of a sex offender, and notifies the releasee of his legal
obligation to register with the local authorities, as required by the Sex Offender Registration and
Notification Act, enacted as part of the Walsh Act.

D. Visiting, Telephones, and Correspondence

1. Visiting

Inmates are encouraged, throughout their incarceration, to maintain ties to their family and friends
in the community. Inmates are ordinarily permitted face-to-face visitation with approved family and
friends, and confidential visitation with attorneys. See Program Statement 5267.08, Visiting
Regulations. Conjugal visits are not permitted. Each institution schedules its own visiting hours,
and inmates receive this information during the orientation process so they can advise family
members and others how and when they may visit. Visitors should consult the BOP website for
individual institution visiting instructions and scheduled hours. Pretrial inmates may receive visits
in accordance with the local institutions guidelines on visiting, however, staff may allow a pretrial
inmate special visits to protect the inmates business interests, or to help prepare for trial. See
28 C.F.R. 551.120 and Program Statement 7331.04, Pretrial Inmates.

Inmates have no constitutional right to social prison visits, and the courts have accorded substantial
deference to the judgment of prison administrators to place limitations on inmate visiting. Based

29
on security concerns, institutions may restrict visitation. An inmates visiting privileges may be
withheld as a disciplinary sanction when necessary.

2. Telephones

Telephone privileges are another means of maintaining community and family ties. See Telephone
Regulations for Inmates, 28 C.F.R. 540.100, et. seq., subpt. I, ; and Program Statement 5264.07,
Telephone Regulations for Inmates. Inmates may call friends and family outside the institution on
a telephone provided for that purpose. An inmates telephone time is ordinarily limited to 300
minutes per calendar month. Limitations and conditions may be imposed upon an inmate's telephone
privileges to ensure consistency with other aspects of correctional management responsibilities.

Inmates are advised of the institutions telephone monitoring capability, and a notice is posted at
each inmate telephone advising that calls are monitored. See 28 C.F.R. 540.102. Ordinarily, calls
are paid for by the inmate, but in some cases the receiving party pays. See 28 C.F.R. 540.105.
Unmonitored calls to attorneys are permitted in limited circumstances. See Section F, Inmate
Access to Court, Unmonitored Legal Telephone Calls, infra. Third-party or other alternative call
arrangements are not permitted, thus limiting the opportunity for inmates to use the phones for
criminal or other inappropriate purposes. Inmates are not permitted use of cellphones or electronic
communication devices. Any such possession or use is grounds for disciplinary action and possible
criminal prosecution.

3. Written Correspondence

Inmates are encouraged to write to family, friends, and other community contacts during
incarceration. See Correspondence, 28 C.F.R. pt. 540, subpt. B, and Program Statement 5265.11,
Correspondence. Inmate correspondence is classified as either general or special mail. General
mail is opened and inspected by staff for both contraband and content which might threaten the
security or good order of the institution. See 28 C.F.R. 540.14. Incoming special mail is opened
only in the presence of the inmate, and inspected for physical contraband and the qualification of
any enclosures as special mail. See 28 C.F.R. 540.18. Consult Program Statement 5265.11 for
detailed discussion of general and special mail procedures.

Inmates are not permitted use of express mail services. At several facilities, inmates are provided
the opportunity to send and receive electronic messages using BOP computers dedicated and
outfitted for this limited purpose. Inmates have no access to the internet. As with traditional mail
communication, all such messages are subject to staff monitoring. While the inmate and his or her
community contacts will likely benefit from this expanded method of communication, the major
benefit of the program is increased institution security, and public safety. Electronic correspondence
can be much more easily monitored, tracked, and reviewed. Message content is subject to the same
restrictions as regular mail.

Inmates (other than pre-trial detainees), may not direct a business while incarcerated. This does not,
however, prohibit correspondence necessary to enable an inmate to protect property and funds that

30
were legitimately the inmates at the time of commitment. For example, an inmate may correspond
about refinancing an existing mortgage or sign insurance papers, but may not operate a mortgage
or insurance business while in the institution.

Inmates are permitted to receive commercial publications from the community. See Incoming
Publications, 28 C.F.R. pt. 540, subpt. F, and Program Statement 5266.10, Incoming Publications.
Inmates are permitted to subscribe to, or receive by mail, publications without prior approval. The
BOP has established procedures to determine if an incoming publication is detrimental to the
security, discipline, or good order of the institution, might facilitate criminal activity, or is otherwise
prohibited by law.

E. Inmate Discipline Procedure

Pursuant to 18 U.S.C. 4042(a)(3), the BOP administers an inmate disciplinary process to promote
a safe and orderly environment for inmates and staff. After arriving at a BOP facility, all inmates
receive written notice of their rights and responsibilities, prohibited acts within the institution, and
the specifics of the disciplinary system.

Violation of a prohibited act carries sanctions corresponding to the severity of the offense.
Sanctions may include time in disciplinary segregation, loss of good time credits, loss of privileges,
and verbal warnings. See Prohibited acts and disciplinary severity scale, 28 C.F.R. 541.13; Program
Statement 5270.07, Inmate Discipline and Special Housing Units. Only institution staff may take
disciplinary action against inmates. Corporal punishment, as well as retaliatory and capricious
disciplinary action, is not permitted under any circumstance.

Consistent with the minimum procedural protections required by Wolff v. McDonnell, 418 U.S. 539
(1974), the BOP disciplinary process requires that staff provide the inmate with a written copy of
the charges, and that the inmate is entitled to be present during the initial hearing. In addition, the
inmate is entitled to make a statement, to present documentary evidence on his or her own behalf,
and to have a staff representative at the hearing. See 28 C.F.R. 541.14-19; and Program Statement
5270.07. The inmate may not be represented by an attorney or outside representative. Inmates may
appeal the decision of the Unit Discipline Committee (UDC) or the Discipline Hearing Officer
(DHO) through the Administrative Remedy program. See 28 C.F.R. 541.19 and Program
Statement 1330.13, Administrative Remedy Program.

F. Inmate Access to Court

The BOP affords an inmate reasonable access to legal materials and to his or her attorney, and
reasonable opportunity to prepare legal documents. See Inmate Legal Activities, 28 C.F.R. 543,
subpt. B, and Program Statement 1315.07, Legal Activities, Inmate.

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1. Law Libraries

All federal prisons maintain either electronic or print inmate law libraries. Legal materials
maintained in the inmate law libraries include federal court decisions, federal statutes, and a number
of other publications, as noted in Program Statement 1315.07. Inmates not physically able to utilize
the main law library (inmates in segregation status, or those with a medical disability), are assisted
by staff to access basic law library resources. In many cases, legal resource materials may be
available to inmates during evening and weekend hours. Inmates with pending court deadlines may
be given additional time to use the law library. An inmate may solicit or purchase legal materials
from outside the institution, pursuant to Program Statement 5266.10, Incoming Publications.

2. Preparation of Legal Documents

Inmates are permitted a reasonable amount of time, ordinarily when not participating in a scheduled
program or work assignment, to conduct their own legal research and to prepare legal documents.
See Inmate Legal Activities, 28 C.F.R. 543, subpt. B, and Program Statement 1315.07. Inmates
ordinarily have access to photocopying machines, typewriters, and office supplies. For safety,
security, and fire hazard reasons, inmates are limited in the amount of legal materials they may
possess. See Program Statements 5580.07, Personal Property, Inmate, and 1315.07. Inmates may
generally assist each other in preparing legal documents, absent unique security concerns. However,
one inmate may not possess another inmates legal materials except when assisting another inmate
in the institutions main law library or in another location designated by the Warden. Any assistance
offered by one inmate to another is voluntary. An inmate is not entitled to assistance from any
specific inmate, and no inmate may receive compensation for assisting another.

3. Attorneys

At every institution inmates are permitted to contact and retain attorneys. See Retention of
Attorneys, 28 C.F.R. 543.12 and Program Statement 1315.07 Legal Activities, Inmate; Program
Statement 7331.04 Pretrial Inmates; 28 C.F.R. 551.117, Pretrial Inmates, Access to Legal
Resources. Attorney visiting will take place during regular institution visiting hours. Attorney visits
for pretrial inmates may be conducted at times other than established visiting hours with the
approval of the Warden or designee. Attorneys, and in some cases, their representatives, may
generally visit inmate clients in private conference rooms if available, or in other accommodations
set up to ensure a reasonable degree of privacy. Legal visits will be visually monitored, as necessary,
but are not subject to auditory monitoring. See Visits by Attorneys, 28 C.F.R. 543.13.

4. Legal Mail

Particular care is taken to ensure that "special mail" (mail to or from courts, attorneys, and certain
government officials) is kept confidential. See Special Mail, 28 C.F.R. 540.18, and Program
Statement 5265.11, Correspondence. Special mail from attorneys must be marked "Special Mail-
Open only in the presence of the inmate." In addition, the sender must identify himself or herself
on the envelope as a person entitled to invoke the protections of special mail. The senders return

32
address must reference an individual, not a firm, i.e., John Doe, Attorney, not Law Offices of
Blauman & Blauman. Incoming special mail is opened in the presence of the inmate and is visually
inspected for contraband. Staff may inspect incoming special mail to determine that it qualifies as
such, but may not otherwise review its content.

To reduce the likelihood that inmates will successfully send harmful materials to persons in the
community by exploiting the privacy afforded outgoing special mail, all outgoing special mail from
an inmate must be delivered directly to a staff member for further processing. Staff then confirm
that the inmate delivering the outgoing special mail to be sent out is the same inmate reflected in the
return address. Inmates may seal outgoing special mail, before submitting directly to staff for further
processing. All outgoing special mail is subject to scanning by electronic means.

5. Unmonitored Legal Telephone Calls

Inmates may place unmonitored telephone calls to their attorneys. See Monitoring of inmate
telephone calls, 28 C.F.R. 540.102, and Program Statement 5264.07, Telephone Regulations for
Inmates. To do so, inmates must specifically request staff assistance to first approve the call, and
then place the call on an unmonitored staff telephone. A pretrial inmate may telephone his or her
attorney as often as resources of the institution allow. See Access to Legal Resources, 28 C.F.R.
551.117, and Program Statement 7331.04, Pretrial Inmates. To receive permission to place an
unmonitored attorney call, an inmate is ordinarily required to establish that his or her communication
with attorneys by other means is not adequate. The 300-minute per calendar month limitation does
not apply to unmonitored legal telephone calls. Inmate requests for unmonitored attorney calls are
carefully reviewed. Frequent unmonitored telephone calls increase an inmates opportunity to pursue
illegal activities without detection, and require an inordinate amount of staff time.

6. Inmate Involvement in Litigation While Incarcerated

(a) Depositions

Should an attorney wish to take an inmates deposition, the attorney must contact the inmate
directly. If the inmate wishes to cooperate, the attorney should then contact the relevant BOP
Consolidated Legal Center (CLC) covering the institution in which the deposition is to be held, to
assist in making arrangements. Visiting regulations apply, and all equipment is subject to search.
Leave of court must be obtained prior to taking any deposition of a federal inmate. See FED. R. CIV.
P. 30(a)(2). At the discretion of the Warden, a room may be made available for the deposition,
should the inmate consent to be deposed.

(b) Subpoenas

Response to a subpoena by BOP staff will be processed in accordance with applicable policy. See
Release of Information, 28 C.F.R. 513, and Program Statement 1351.05, Release of Information.
Should an attorney request the appearance of a staff member in a court proceeding, or request the
production of documents by subpoena, the CLC attorneys will consult with the relevant U.S.

33
Attorneys Office, in accordance with Production or Disclosure in Federal or State Proceedings
Release of Information, 28 C.F.R. pt. 16. Frequently, a request for documents may be more
efficiently handled through a Freedom of Information Act (FOIA) request, rather than by subpoena.
Consult the relevant Consolidated Legal Center for additional information.

(c) Inmate Civil Suits Service of Process

The BOP will not accept service of process for an inmate. Anyone desiring to serve an inmate may
use a local process server, or otherwise follow local court procedures in the jurisdiction in which the
inmate is housed. Contact the local institution for specific information.

(d) Court Appearance of an Inmate

In accordance with Transfers, 28 C.F.R. pt. 527, subpt. D, and Program Statement 5875.12, Transfer
of Inmates to State Agents for Production on State Writs, the BOP will consider the request of a state
or local court for the transfer of an inmate to local physical custody pursuant to a state writ of habeas
corpus ad prosequendam (ad pros) or ad testificandum (ad teste). Such transfer is at the
discretion of the Warden. Transfers in civil cases pursuant to a writ ad teste must be cleared through
both the CLC counsel and the Warden. Transfers will be recommended only if the case is
substantial, where testimony cannot be obtained through alternative means such as depositions or
interrogatories, and where security arrangements permit.

(e) Inmate Access to Discovery Materials

Printed materials retained by an inmate are subject to personal property space limitations as
prescribed by policy, infra. In some circumstances, an inmate may access litigation documents in
other than printed form. Discovery in the form of electronic media may be accessed through
institutional equipment under the supervision of staff. Specific requests should be directed to the
Warden of the institution in which the inmate is confined.

G. Administrative Remedy Program

The Administrative Remedy Program provides every inmate the opportunity to seek formal review
of a grievance concerning virtually any aspect of his or her confinement, should informal procedures
not achieve resolution. See Administrative Remedy, 28 C.F.R. pt. 542, and Program Statement
1330.13, Administrative Remedy Program. This program applies to all inmates confined in
institutions operated by the BOP, inmates designated to contract RRCs, and to former inmates for
issues which arose during confinement. Inmates are obligated to attempt informal resolution of
grievances prior to filing a formal request for administrative remedy. Once a formal request is filed
at the institution level (BP-9"), the Warden of that facility has 20 days to investigate and provide
the inmate a written response. If the inmate is dissatisfied with the Wardens response, he or she has
20 days to file a Regional Administrative Remedy Appeal (BP-10"). Once received in the Regional
Office, the Regional Director has 30 days to investigate and provide the inmate a written response.
If the inmate is dissatisfied with the Regional Directors response, he or she has 30 days to file a

34
Central Office Administrative Remedy Appeal (BP-11"). Once received in the Central Office, the
Administrator, National Inmate Appeals, has 40 days to investigate and provide the inmate a written
response. After receiving the Administrators response, the inmate has exhausted the BOPs
Administrative Remedy Program. The program provides for expedited investigations and responses
in emergency situations, as well as providing extensions of time for both filing grievances and
receiving responses.

If the inmate considers the issue to be sensitive, i.e., the inmates safety or well-being would be
placed in danger if the request became known at the institution, the inmate may submit the appeal
directly to the appropriate Regional Director. The inmate must mark the request as sensitive" and
explain in writing the reason for not submitting the request at the institution. If the Regional
Administrative Remedy Coordinator agrees that the request is sensitive, the request shall be
accepted, investigated, and a response will be generated. Otherwise, the request will not be
accepted, and the inmate shall be advised in writing of that determination, without a return of the
request. The inmate may then pursue the matter by submitting a request for Administrative Remedy
locally to the Warden. The Warden shall allow a reasonable extension of time for such a
resubmission.

The PLRA requires prisoners to exhaust administrative remedies before filing suit in federal court.
That statute provides that [n]o action shall be brought with respect to prison conditions under
section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other
correctional facility until such administrative remedies as are available are exhausted. See 42
U.S.C. 1997e(a). See also, Porter v. Nussle, 534 U.S. 516 (2002) and Booth v. Churner, 532 U.S.
731 (2001). The requirement to exhaust the administrative remedy process serves to: (1) promote
administrative efficiency by preventing premature judicial interference with agency processes; (2)
encourage respect for executive autonomy by allowing an agency opportunity to correct its own
errors; (3) facilitate judicial review by affording courts the benefits of an agency's experience and
expertise; and (4) serve judicial economy by having the agency compile the factual record.

The Supreme Court has reaffirmed these holdings in Woodford v. Ngo, 126 S. Ct. 2378, 2386-87
(2006), and mandated . . .compliance with an agencys deadlines and other critical procedural rules
because no adjudicative system can function effectively without imposing some orderly structure
on the course of its proceedings. . . .The text of 42 U.S.C.A. 1997e(a) strongly suggests that PLRA
uses the term exhaustion to mean. . .proper exhaustion. Section 1997e(a) refers to such
administrative remedies as are available, and thus points to the doctrine of exhaustion in
administrative law. See also, Jones v. Bock, 127 S. Ct. 910 (2007).

The Administrative Remedy Program is administered differently for inmates in private facilities.
Should an inmate at a private facility wish to appeal a local decision, the inmate may file with the
local institution. Inmates who wish to grieve a specific BOP matter (which is limited to
classification, designation, sentence computation, reduction of sentence, removal or disallowance
of Good Conduct Time, or issues directly involving BOP staff) may utilize the progressive BOP
administrative remedy process available to all federal inmates.

35
H. Personal Property

Inmates may possess only that property which is authorized by policy to be retained upon admission
to the institution, is issued while the inmate is in custody, is purchased in the institution commissary,
or is approved by staff to be mailed to, or otherwise received by an inmate. See Inmate Property,
28 C.F.R. pt. 553, and Program Statement 5580.07, Personal Property, Inmate. These rules
contribute to the management of inmate personal property in the institution and contribute to a safe
environment for staff and inmates by reducing fire hazards, security risks, and sanitation problems.
Required hygiene items are issued by the institution, and personal preference items are available for
purchase in the inmate Commissary. See Program Statements 4400.05, Property Management
Manual, and 5230.05, Grooming. Inmates may purchase a variety of clothing, snacks, and grooming
items in the inmate Commissary at specific times. As of April 15, 2006, no tobacco products are
sold in the Commissary, and inmates are prohibited from smoking or using tobacco in any form.

I. Special Administrative Measures

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

Under 501.2, upon direction of the Attorney General, the Director may authorize the Warden to
implement Special Administrative Measures (SAMs) that are reasonably necessary to prevent
disclosure of classified information that would pose a threat to the national security if the inmate
disclosed such information. SAMs include, but are not limited to, placing an inmate in
administrative detention and restricting social visits, mail privileges, phone calls, access to other
inmates and to the media.

Section 501.2 authorizes the Director, upon direction of the Attorney General, to determine the
period of time an initial SAM is imposed, up to one year. The Director may also extend the SAM
in increments of time not to exceed one year, if the Attorney General receives certification from the
intelligence community that there is a danger that the inmate will disclose classified information and
that the unauthorized disclosure would pose a threat to the national security.

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

Under 501.3, upon direction of the Attorney General, the Director may authorize the Warden to
implement SAMs that are reasonably necessary to protect persons against the risk of death or serious
bodily injury. These procedures may be implemented when there is a substantial risk that an
inmates communications or contacts with persons could result in death or serious bodily injury to
persons, or substantial damage to property that would entail the risk of death or serious bodily injury
to persons. Initial imposition of the SAM may be for a period of time not to exceed one year.

The SAM may be extended by the Director in increments of time not to exceed one year, on receipt
of written notification from the Attorney General that certification was received by the Attorney
General from law enforcement or intelligence community that there continues to be a substantial risk
that the inmates communications or contacts with other persons could result in death or serious

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

J. Family Emergencies and Temporary Releases

In limited circumstances, temporary release from the prison facility may be obtained through an
approved furlough or an escorted trip. See Community Programs, 28 C.F.R. pt. 570, Furloughs,
subst. C; Escorted Trips, subst. D; and Program Statements 5280.08, Furloughs, and 5538.04,
Escorted Trips. Several factors are reviewed in determining whether a trip is permissible and how
such a trip will be accomplished including the reason for the trip and the offenders criminal history,
security designation, and custody classification.

1. Furloughs

A furlough is an authorized absence from an institution by a sentenced inmate who is not under
escort by a BOP staff member, the USMS, or other federal or state agent. See Program Statement
5280.08. For federal inmates whose offense occurred on or after November 1, 1987, 18 U.S.C.
3622 vests the BOP with the authority to grant furloughs. For offenses committed prior to
November 1, 1987, 18 U.S.C. 4082 provides the authority for furloughs. The BOP has delegated
this function to the Warden of the federal prison in which the inmate is incarcerated. See 28 C.F.R.
570.32(a).

Furloughs are a privilege intended to help inmates develop release plans; re-establish family ties;
participate in educational, religious, or social activities; or receive essential medical treatment that
is not available in BOP custody. Except where the purpose of the furlough is to obtain necessary
health care treatment, or to transfer to another facility, the inmate or the inmate's family must bear
all expenses of the furlough, including transportation. If requested by the court, the BOP will inform
the court that a particular inmate is being considered for furlough.

Only inmates within two years of their anticipated release dates and who have community custody
are eligible for non-emergency day furloughs. An inmate who meets these and other requirements
set forth in policy may apply to the Warden for a furlough. Pretrial inmates are excluded from
consideration. The Warden ordinarily may not grant a furlough to an inmate convicted of a serious
crime against the person or whose presence in the community could attract undue public attention,
or depreciate the seriousness of the offense. An inmate may appeal denial of a furlough application
through the Administrative Remedy Program.

2. Escorted Trips

The BOP provides approved inmates with staff-escorted trips into the community for such purposes
as receiving medical treatment not otherwise available, visiting a critically ill member of the
inmate's immediate family, attending a funeral, or participating in a community program or
work-related function. See Program Statement 5538.04, Escorted Trips. Escorted trips fall into one
of two categories, medical and non-medical. The need for an escorted trip may arise unexpectedly

37
(e.g., to visit a critically ill family member) or may be planned in advance (e.g., to attend an
educational function). In many instances, the inmate and/or family must bear the cost of an escorted
trip. n inmate may appeal denial of an escorted trip application through the Administrative Remedy
Program.

K. Release

1. Early Release from Prison

(a) Executive Clemency

The United States Constitution, Article II, Sec. 2, gives the President authority to issue pardons,
commute sentences, remit fines, and grant reprieves to any person convicted of a federal crime. The
U.S. Pardon Attorney ordinarily reviews all petitions for Executive Clemency, undertakes the
necessary investigation, and prepares a recommendation for the President.

To expedite the Pardon Attorneys consideration of an inmates petition for commutation of


sentence, a federal inmate seeking commutation must send the petition through the Warden to the
Pardon Attorney. An inmate may request the appropriate forms and instructions for filing a petition
for commutation of sentence from the inmates case manager at the institution. On request from
the Pardon Attorney, the Director will forward a recommendation on the inmates petition. Staff
may not refuse to process an inmates petition for commutation of sentence, even when it appears
that the inmate is not eligible. See Executive Clemency, 28 C.F.R. pt. 1; Release from Custody, 28
C.F.R. pt. 571, Petition for Commutation of Sentence; subst. E; and Program Statement 1330.15,
Commutation of Sentence, Petition for. Inmates seeking a pardon (rather than commutation of
sentence) must wait at least five years after their release from confinement, or, if no confinement
was imposed, five years after the date of conviction. No petition will be accepted from a person on
probation, parole, or supervised release.

(b) Reduction in Sentence

Title 18 U.S.C. 3582(c)(A)(i) authorizes the sentencing court to reduce an inmates sentence upon
motion of the Director of the BOP if it finds that extraordinary and compelling reasons warrant
such a reduction [and] that such a reduction is consistent with applicable policy statements issued
by the Sentencing Commission. For inmates who offense was committed prior to November 1,
1987, the BOP may file a motion with the sentencing court seeking to reduce the term of
imprisonment to the time the inmate has served, thereby making him or her eligible for parole
consideration. See 18 U.S.C. 4205(g). The actual release decision then rests with the Parole
Commission, rather than with the sentencing court. See pt. 571, subst. G, Compassionate Release
(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 4205(g)), and Program
Statement 5050.46, Compassionate Release; Procedures for Implementation of 18 U.S.C.
3582(c)(1)(A) & 4205(g).

38
Being mindful of its mission to protect society, the BOP utilizes this authority sparingly.
Historically, motions for Reduction in Sentence (RIS) have been filed only on behalf of inmates
suffering from terminal medical conditions, or who are severely and permanently mentally or
physically debilitated. Additional facts that are carefully considered include, but are not limited to,
the nature of the crime committed, the length of the inmates sentence, the amount of time served,
and the inmates ability to continue criminal activity. Offenders sentenced under the D.C. Code may
also be considered for RIS. The District of Columbia Official Code 24-101, 24-461 through
465, 24-267, and 24-468, collectively authorized the BOP to determine whether a RIS may be
warranted for D.C. Code offenders in BOP custody.

2. Parole

Many inmates sentenced to a term of imprisonment of more than one year for offenses committed
before November 1, 1987, are eligible to be released on parole. See 18 U.S.C. 4205; and
28 C.F.R., pt. 2, Parole, Release, Supervision and Recommitment of Prisoners, Youth Offenders,
and Juvenile Delinquents. Generally, inmates must complete one-third of the term imposed or some
other court-imposed minimum term before becoming eligible for parole. See Eligibility for parole;
adult sentences, 28 C.F.R. 2.2 and Program Statements 5800.14, Inmate Systems Management
Manual; 5880.30, Sentence Computation Manual/Old Law/Pre CCCA 1984.

A federal inmate seeking parole must apply for parole to the United States Parole Commission. At
least 60 days prior to the initial parole hearing, the inmate is notified of the time and place of the
hearing and of the right to review all documentation to be considered by the Parole Commission.
See 28 C.F.R. 2.11(e).

3. Community Confinement in Preparation for Release

Pursuant to 18 U.S.C. 3624(c) most inmates nearing release or parole from a federal institution
will be housed at an RRC for transitional services during the final portion of their sentence. Such
placement assists the offender in finding a job, locating a place to live, and re-establishing family
ties.

RRCs are operated by a number of social service agencies and private companies under contract to
the BOP. RRCs offer a broad spectrum of pre-release programs for community confinement of
federal offenders. To oversee these services, the BOP maintains a network of Community
Corrections Management offices (CCMs) in major cities throughout the country. See Program
Statement 7300.09, Community Corrections Manual.

While the RRCs are closely monitored by BOP staff, the RRC contractor is responsible for all
aspects of the inmates confinement. The RRC will assist the inmate in locating employment;
medical care; social services; and in re-establishing community and family ties. Should an RRC find
that the inmate has violated any conditions of his or her residence at the facility, or has been
involved in any further criminal activity, staff will impose disciplinary sanctions. All RRC

39
disciplinary sanctions imposed against the inmate will be reviewed by BOP staff, however, to ensure
compliance with BOP policy.

Inmate program plans are individualized and tailored to the reintegration needs of the offender.
During their stays, employed offenders are required to pay a subsistence charge to help defray the
costs of their confinement in the RRC. See 18 U.S.C. 3622(c).

4. Home Confinement

Home confinement provides an opportunity for offenders to assume increasing levels of


responsibility while at the same time providing sufficient restrictions to promote community safety
and convey the sanctioning value of the sentence. See Program Statement 7320.01, Home
Confinement. Title 18 U.S.C. 3621 requires the BOP to designate any penal or correctional
facility as the place of a prisoners confinement, accordingly, an inmate will not be designated to
home confinement at the beginning of his or her sentence. Home confinement may be considered
for an eligible inmate nearing the end of his or her sentence, and is an option for offenders who no
longer require the structure of a halfway house. The offender remains at his or her residence during
non-working hours, and may be monitored by telephonic or electronic signaling devices. See 18
U.S.C. 3563(b)(19). Inmates may participate in home confinement only during the last 10% of
their sentences or 6 months, whichever is less. See 18 U.S.C. 3624(c) and 28 C.F.R. 570.20-21.

The Bureau of Prisons uses two different methods to monitor inmates on home confinement. The
first requires the RRC to track the inmate's whereabouts and curfew compliance through daily
telephone contacts and periodic personal contacts at the home and workplace. The inmate must also
report to the RRC on a scheduled basis for counseling and program updates.

The second method involves electronic monitoring. Many RRCs utilize such electronic monitoring
technology, usually involving the use of an ankle bracelet signaling a computer-driven receiving and
recording device to detect an inmates location.

L. Notification to Community of the Release of an Offender

Title 18 U.S.C. 4042(b) requires that the BOP notify state and local law enforcement officials at
least five calendar days prior to the release of an inmate to supervised release, probation, or parole,
who has been convicted of a drug trafficking crime or a crime of violence. Prisoners released
under the protection of the Witness Protection Program may be exempt from this provision. This
requirement applies to all inmates whose current offense of conviction, or whose criminal history
as determined by staff, includes such a conviction. For those inmates confined in an RRC, such
notification is made at least two weeks prior to the inmates release. Notification is made to the
chief state law enforcement official, to the chief local law enforcement official, and to the
appropriate U.S. Probation Office. BOP staff supply the offenders name, criminal history, final
release date to supervised release, probation or parole, the offenders projected address on
supervised release, probation or parole, and any release conditions or restrictions on the conduct of
the prisoner imposed by the sentencing court, other than the Standard Conditions of Supervision

40
found on the J&C. See Program Statement 5110.15, Notification of Release to State and Local Law
Enforcement Officials.

Title 18 U.S.C. 4042(c) requires that notification must be made for those inmates who have been
convicted of certain sexual offenses. Such notification operates both to ensure the safety of the
community, and to ensure that inmates convicted of sex offenses are made aware of local treatment
opportunities and registration requirements prior to their release. See Program Statement 5141.02,
Sex Offender Notification and Registration. Notification is made, as above, to the chief law
enforcement officer of the state, to the chief local law enforcement official, to the appropriate U.S.
Probation Office, and in addition, to the sex offender registration official in the individual state
office responsible for the receipt or maintenance of such information. Notification must be made at
least two weeks prior to the release date. Further, staff must attach a completed Sex Offender
Registration and Treatment Notification form, to document that the inmate was advised of sex
offender registration requirements that may be operable in the releasing jurisdiction.

Sex offender registration and reporting requirements have been made more stringent with passage
of the Walsh Act. The Walsh Act establishes standards for a nationwide sex offender registry, and
provides grant money to the states upon compliance with the requirements of the act. It is the
inmates legal requirement to register upon release. Newly enacted 18 U.S.C. 2250, Section 141
of the Walsh Act, creates federal criminal liability for failure to register.

Finally, the Victim and Witness Protection Act of 1982, the Crime Control Act of 1990, the Violent
Crime Control and Law Enforcement Act of 1994, as well as the Attorney Generals Guidelines for
Victim and Witness Assistance, set forth procedures to meet the needs of crime victims and
witnesses. BOP will respond to a request from a victim or witness who wishes to be notified
regarding a specific inmates release or release-related activities. See Program Statement 1490.06,
Victim and Witness Notification Program. A victim or witness of a serious crime requesting to be
notified of a specific inmates release must make this request to the United States Attorney in the
district where the prosecution occurred. Upon receiving such a request from the U.S. Attorney, BOP
staff will promptly notify the victim or witness when his or her request for notification has been
received. Staff will then notify the requestor of the initial designation of the inmate, and should the
inmate be released to parole, to an RRC, or to the community, as well as any incident of furlough,
escape, death, and in the event that the offender is recommitted to custody after release from
incarceration.

VI. CONCLUSION

The Bureau of Prisons is committed to the safety of the community, and to the security and well-
being of incarcerated offenders. Consult the BOP website, and contact the relevant BOP office,
should you have any further questions or concerns.

41
VII. APPENDICES
Appendix A:: Summary Table, Application of Title 18 U.S.C. Chapter 313
Offenders with Mental Disease or Defect
Appendix B: Regional Counsel and Consolidated Legal Center (CLC) Offices
Appendix C: Relevant Acronyms

42
APPENDIX A: Summary Table

Application of Title 18 U.S.C. Chapter 313; Offenders with Mental Disease or Defect

Statutory Section Role of the Attorney General Role of State/Local


Government or Agencies

PRETRIAL PRETRIAL PRETRIAL

4241(a) The defendant may be committed for a The court may permit a psychiatrist
Motion for examination reasonable period (not to exceed 30 days) for or psychologist in the community to
to determine defendants examination; the court may approve a 15-day conduct the examination. This is
competency to stand extension. particularly appropriate if the
trial. defendant is on bond.
The examination will be conducted at the nearest
suitable facility to the criminal court, if The BOP will not cover the cost of
practicable. an examination conducted in the
community.

4241(d) If incompetent, the defendant shall be


Determination whether hospitalized for a reasonable period of time (not
the defendant will attain to exceed 4 months) for treatment to regain
competency. competency. The defendant may be committed
for an additional reasonable period until either
the defendant attains competency, or until
charges are dropped. If at the end of the time
period specified, it is determined that the
defendants mental condition has not so
improved as to permit proceedings to go forward,
the defendant is subject to the provisions of
4246 and 4248.

4242 The defendant may be committed for a The court may permit a psychiatrist
Motion for examination reasonable period (not to exceed 45 days) for or psychologist in the community to
of a defendant who examination; the court may approve a 30-day conduct the examination. This
intends to rely on the extension. method is particularly useful if the
defense of insanity. defendant is out on bond.
The examination will be conducted at the nearest
suitable facility to the criminal court, if The BOP will not cover the cost of
practicable. an examination conducted in the
community.

43
Statutory Section Role of the Attorney General Role of State/Local
Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

4243(a) - The acquittee must be committed to a The Attorney General may seek civil
Hospitalization of a person suitable facility for examination for a commitment under State law. See
found not guilty only by reasonable period not to exceed 45 days 18 U.S.C. 4247(i)(B).
reason of insanity. (the court may approve a 30-day
extension), to determine if his or her
release would create a substantial risk of
bodily injury to others, or serious damage
to the property of another.

4243(e) The acquittee shall be committed to the The State may agree to assume
Civil commitment should the custody of the Attorney General. responsibility for care and treatment of
court determine that the acquittee; this includes assuming
releasing the acquittee would The acquittee will remain hospitalized all financial responsibility.
create substantial risk of until the Attorney General is able to
bodily injury to others, or arrange for release to the State where the The director of the facility shall file
serious damage to the acquittee was domiciled (or tried) for annual reports with the court
property of another. treatment and care, or until the acquittee's regarding the acquittee's condition.
condition has improved such that release See 18 U.S.C. 4247(e).
would no longer pose a risk of bodily
injury to others, or serious damage to the
property of another.

The director of the facility shall file


annual reports regarding the acquittee's
condition. See 18 U.S.C. 4247(e).

4243(f) - The director of the facility must file with The director of the facility must file
Certification for discharge the court a certificate stating that the with the court a certificate stating that
should the director of the acquittee has recovered such that release, the acquittee is ready to be released.
facility determine that the conditionally or unconditionally, would
acquittee may be released. no longer create a substantial risk of
bodily injury to others, or serious damage
to the property of another.

The acquittee may not be released without


court order.

4244(a) The defendant may be committed for a The court may permit a psychiatrist or
Motion to determine whether reasonable period (not to exceed 30 days) psychologist in the community to
the con-victed person is for examination; the court may approve a conduct the examination.
suffering from mental 15-day extension.
disease or defect and requires The BOP will not cover the cost of an
treatment prior to sentencing. examination conducted in the
community.

44
Statutory Section Role of the Attorney General Role of State/Local
Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

4244(d) The defendant shall be committed for


Civil commitment hospitalization in a suitable facility under
of a convicted defendant who a provisional sentence.
is suffering from mental
disease or defect and requires The director of the facility must file
treatment prior to sentencing. annual reports regarding the defendants
condition. See 18 U.S.C. 4247(e).

When the defendant no longer suffers


from a disease or defect, the director shall
file a certificate with the court; the court
may modify the provisional sentence.

4245(a) The defendant may be committed for a


Motion to determine whether reasonable time (not to exceed 30 days)
a sentenced person is for examination; the court may approve a
suffering from a mental 15-day extension.
disease or defect and needs
mental health treatment. The examination will be conducted at the
nearest suitable facility to the court, if
practicable.

4245(d) - Commitment of a The defendant shall be committed to the


person who is presently custody of the Attorney General for
suffering from a mental hospitalization until the offender is no
disease or defect for the longer in need of custody or until the
treatment of which he is in expiration of the sentence of
need of custody for care or imprisonment, whichever occurs earlier.
treatment in a suitable
facility.

4246(a) - The director of the facility may file a


Certification of an inmate certificate with the court if, because of the
who is due for release but persons mental condition, his or her
continues to suffer from release would create a substantial risk of
mental disease or defect, bodily injury to others or serious damage
and as a result, to property of another.
is dangerous.

45
Statutory Section Role of the Attorney General Role of State/Local
Government or Agencies

POST-TRIAL POST-TRIAL POST-TRIAL

4246(d) The inmate shall be committed until the The State may agree to assume
Civil commitment of an State will assume responsibility for the responsibility for the care and
inmate who cannot be inmate or the person's condition improves treatment of the person.
released because a mental such that release would not create a
condition creates risk of substantial risk of bodily injury to another The Attorney General may seek civil
harm to others. or serious damage to property of another. commitment under State law. See
18 U.S.C. 4247(i)(B).
The Attorney General shall try to make
arrangements for the State to assume
responsibility for the inmate's care and
treatment.

4248 The Bureau of Prisons may certify to the The State may agree to assume
Civil commitment of a court that the person is a sexually responsibility for the care and
sexually dangerous person. dangerous person. The court shall order a treatment of the person.
hearing to make that determination.

If after the hearing, the court finds by


clear and convincing evidence that the
person is sexually dangerous, the court
shall commit the person to the custody of
the Attorney General.

The Attorney General shall try to make


arrangements for the State to assume
responsibility for the committees care
and treatment.

46
APPENDIX B
Phone and Address List for Regional Counsels

Mid-Atlantic Region - MARO: North Central Region - NCRO: South Central Region - SCRO:

Michelle Fuseyamore, Regional Richard W. Schott, Regional Counsel Jason Sickler, Regional Counsel
Counsel Phone: 913-551-1004 Phone: 214-224-3410
Phone: 301-317-3113 Fax: 913-551-1107 Fax: 214-224-3352
Fax: 301-317-3132 Richard Winter, Deputy Regional Michael Frazier, Deputy Regional
Matthew Mellady, Deputy Regional Counsel Counsel
Counsel Phone: 913-551-1006 Phone: 214-224-3411
Phone: 301-317-3120 Fax: 913-551-1107 Fax: 214-224-3352
Fax: 301-317-3132 North Central Regional Office South Central Regional Office
Mid-Atlantic Regional Office Gateway Complex Tower II, Suite 800 4211 Cedar Springs Road, Suite 300
302 Sentinel Drive, Suite 200 400 State Avenue Dallas, TX 75219
Annapolis Junction, MD 20701 Kansas City, KS 66101

Northeast Region - NERO: Western Region - WXRO: Southeast Region - SERO:

Henry J. Sadowski, Regional Counsel Harlan Penn, Regional Counsel Lisa Sunderman, Regional Counsel
Phone: 215-521-7375 Phone: 209-956-9739 Phone: 678-686-1260
Fax: 215-521-7483 Fax: 209-956-9795 Fax: 678-686-1299
Michael Tafelski, Deputy Regional Dennis Wong, Deputy Regional Craig Simmons, Deputy Regional
Counsel Counsel Counsel
Phone: 215-521-7376 Phone: 209-956-9732 Phone: 678-686-1281
Fax: 215-521-7483 Fax: 209-956-9795 Fax: 678-686-1299
Northeast Regional Office Western Regional Office Southeast Regional Office
U.S. Custom House - 7th Floor 7338 Shoreline Drive 3800 Camp Creek Parkway, SW
2nd and Chestnut Streets Stockton, CA 95219 Building 2000
Philadelphia, PA 19106 Atlanta, GA 30331-6226

47
Consolidated Legal Centers
! = CLC LEADER * = NOT ACTIVATED

MARO NERO NCRO WXRO SCRO/Dallas SERO


! Matthew Mellady ! Michael Tafelski ! Richard Winter ! Dennis Wong ! Michael Frazier ! Craig Simmons
301-317-3120 215-521-7376 913-551-1006 209-956-9732 214-224-3411 678-686-1281

FCI Cumberland, MD FDC Philadelphia ,PA USP Leavenworth,KS FCI Dublin, CA FCI Ft. Worth, TX USP Atlanta, GA
FCI Morgantown, WV FCI Fort Dix, NJ MCFP Springfield,MO MCC San Diego FMC Carswell, TX FCC Yazoo City, MS
FCI Memphis, TN FCI Fairton, NJ FPC Yankton, SD Contract-TCI Taft, CA FCI La Tuna, TX FCI Talladega, AL
USP Hazelton, WV FCI McKean, PA Contract-CA City, CA FSL La Tuna, TX FPC Montgomery, AL
*USP Ohio County, FCI Elkton, OH USP Atwater, CA FCI Big Spring, TX FCI Jesup, GA
WV FCI Loretto, PA FDC Honolulu, HI FCI Seagoville, TX MDC Guaynabo, PR
Contract- FCI, Herlong, CA Contract-Big Spring, Contract-McCrae, GA
Youngstown, OH TX
Contract-Eden, TX
Contract-Milan, NM
Contract-Post, TX
Contract-Pecos, TX

FMC Lexington MCC New York FMC Rochester FCI Phoenix FDC Houston FCC Coleman
! Joseph Tang ! Adam Johnson ! Dennis Bitz ! Matthew Carney ! Eric Hammonds ! Jeffrey Campbell
859-255-6812x5110 646-836-6455 507-287-0674x445 623-465-5120 713-229-4104 352-689-3020

FMC Lexington, KY MCC New York, NY FMC Rochester, MN FCI Phoenix, AZ FCI Bastrop, TX FCC Coleman, FL
FCI Ashland, KY MDC Brooklyn, NY FPC Duluth, MN FCC Tucson, AZ FCI Three Rivers, TX
FCI Manchester, KY FCI Otisville, NY FCI Sandstone, MN FCI Safford, AZ FDC Houston, TX
USP Big Sandy, KY FCI Waseca, MN USP Pollock, LA
USP McCreary, KY *FCI Pollock, LA
FCC Oakdale, LA

FCI Beckley FCC Allenwood St. Louis, MO MDC Los FCC Beaumont FDC Miami
Angeles
! Debbie Stevens ! Lori Cunningham ! Paul Pepper ! Eliezer Ben-Shmuel ! Gerard Rawls ! Richard DeAguiar
304-252-9758x4105 570-523-1251 314-539-2382 213-253-9570 409-727-8187 305-982-1273

FCI Beckley, WV FCC Allenwood, PA MCC Chicago, IL MDC Los Angeles, FCC Beaumont, TX FDC Miami, FL
FPC Alderson, WV USP Lewisburg, PA FCI Oxford, WI CA FPC Bryan, TX FCI Miami, FL
USP Lee County, VA FCI Schuylkill, PA FCI Pekin, IL FCC Lompoc, CA FCI Tallahassee, FL
*USP McDowell, WV USP Canaan, PA USP Marion, IL FCI Terminal Island, FCI Marianna, FL
FCI Gilmer, WV Contract-Phillipsburg, FCI Greenville, IL CA FPC Pensacola, FL
PA FCI Terre Haute, IN FCC Victorville, CA
USP Terre Haute, IN
FCI Milan, MI

FMC Butner FMC Devens FCC Florence FDC Seatac FTC Oklahoma FCI Edgefield
City
! Michael ! Les Owen ! Chris Synsvoll ! Theresa Talplacido ! J. D. Crook ! Tami Rippon
Bredenberg 978-796-1043 719-784-5216 206-870-1062 405-680-4004 803-637-1307
919-575-3900x6078 FCI
Danbury, CT FCC Florence, CO FDC Seatac, WA FTC Oklahoma City, FCI Edgefield, SC
FCC Butner, NC FCI Ray Brook, NY FCI Englewood, CO FCI Sheridan, OR OK FCI Estill, SC
FCI Petersburg, VA FMC Devens, MA FCC Forrest City, AR FCI Williamsburg, SC
FCI Petersburg, VA FCI Texarkana, TX FCI Bennettsville, SC
Contract-Winton, NC FCI El Reno, OK

48
APPENDIX C: Relevant Acronyms and Abbreviations
A&O Admission and Orientation
AOUSC Administrative Office of the U.S. Courts
APA Administrative Procedures Act
BOP Federal Bureau of Prisons
CCC Community Corrections Center
CCM Community Corrections Manager
CMP Correctional Management Plan
CIMS Central Inmate Monitoring System
COIF Cost of Incarceration Fee
CRP Certification Review Panel
CSC Comprehensive Sanctions Center
D.C. District of Columbia
DOJ United States Department of Justice
DHO Discipline Hearing Officer
DSCC Designation and Sentence Computation Center
ESL English as a Second Language
FCC Federal Correctional Complex
FCI Federal Correctional Institution
FMC Federal Medical Center
FOIA Freedom of Information Act
FPC Federal Prison Camp
FPI Federal Prison Industries
FTC Federal Transfer Center
GCT Good Conduct Time
GED General Educational Development
HHS Health and Human Services
IAC Inmate Accident Compensation
IAD Interstate Agreement on Detainers
ICC Intensive Confinement Center
ICE U.S. Immigration and Customs Enforcement
IFRP Inmate Financial Responsibility Program
ISM Inmate Systems Management
J&C Judgment and Commitment Order
JCAHO Joint Commission on the Accreditation of Healthcare Organizations
JJDPA Federal Juvenile Justice and Delinquency Prevention Act
JPATS Justice Prisoner and Alien Transportation System
MARO Mid-Atlantic Regional Office, Bureau of Prisons
MCFP Medical Center for Federal Prisoners
MCC Metropolitan Correctional Center
MDC Metropolitan Detention Center
MINT Mothers and Infants Together
NERO Northeast Region, Bureau of Prisons
NCRO North Central Region, Bureau of Prisons
OMDT Office of Medical Designations and Transportation
PSF Public Safety Factor
PSR Presentence Report
PLRA Prison Litigation Reform Act of 1995
RDAP Residential Drug Abuse Program
RIS Reduction in Sentence
RRC Residential Reentry Center
SAM Special Administrative Measure
SDP Sexually Dangerous Person
SCRO South Central Region, Bureau of Prisons
SERO Southeast Region, Bureau of Prisons
SGT Statutory Good Time
SOR Statement of Reasons
SORC Sex Offender Release Coordinator
SOMP Sex Offender Management Program
SOTP Sex Offender Treatment Program
UDC Unit Discipline Committee

49
UNICOR Federal Prison Industries tradename
USSC United States Sentencing Commission
USSG United States Sentencing Guidelines
USMS United States Marshals Service
USP United States Penitentiary
USPO United States Probation Office
VCCLEA Violent Crime Control and Law Enforcement Act of 1994
WXRO Western Region, Bureau of Prisons

50
Guidelines for Forensic Evaluations
December, 2004

(Federal Bureau of Prisons - Clinical Practice Guidelines)


Guidelines for Forensic Evaluations
December, 2004
(Federal Bureau of Prisons - Clinical Practice Guidelines)

Table of Contents

Purpose 1

Introduction 1

Principles of Practice 2

Procedures 3

Designations 3

Evaluation 4

Initial Review 4
Court Contact 4
Attorney Contact 4
Notification of the Inmate 5
Initial Mental Health Assessment 6
Medication Issues 6
History and Physical 7

Ongoing Assessment 7
Serial Interviews of the Inmate 7
Behavioral Ohservations 8
Review of Collateral Information 8
Medical Review 8
Psychological Testing 9
Legally-focused Interviews 9

Preparing the Report 10

Docunlcntation 11

Treatment 13

Testimony 13

ii
Federal Bureau of Prisons Gu idclines for forensic Eval uations
Clinical Practice Guidelines Deccmbcr, 2004

Supervision 14

Role of Studellts/interns/fellows/residents 15

Special Populations 15
Juveniles 16
Death Penalty Cases 16
Military Prisoners, District of Columhia Code Offenders, Bureau of 16
Immigration and Customs Enforcement (Formerly Ins) Detainees

Data Collection and Reporting 16

Definitions 18

References 19

Appendices

1. General Overview of Federal Statutes, Title 18, United States Code, 4241-4247 21

2. Summary of Federal Statutes 26

3. Overview of Psychometric Tools 27

4. Format for Forensic Reports 34

5. Documentation / Filing Guidance tor Forensic Psychological Evaluations 37

6. Guidance on Involuntary Medication Post Sell v, USA 39

7. Dangerousness Flow Chart 40

8, Sample Letter Requesting Sell Hearing 41

9. Supervision Checklist for Forensic Psychological Evaluations 43

10. Forensic Case Data Form 45


Federal Bureau of Prisons Guidelines for Forensic Evaluarions
C Jjnical Practice Guidelines December, 2004

Purpose

The purpose of the Federal Bureau of Pdsons Clinical Practice Guidelines for Forensic
Evaluations is to provide recommendations for the psychiatric, psychological, and medical
management of inmates commined to the custody of the AttOrney General of the United States
under the statutes in Title 18, United States Code, Sections 4241-4247, and housed in Federal
Bureau of Prisons facH ities.

Introduction

Certain legal aspects concerning the evaluation and management of inmates with mental
diseases or defects are covered by statutes in Chapter 313 of Title 18 \ United States Code
(USC) in 4241-4247 (see Appendix 1, General Overview of Federal STatutes and Appendix 2,
Summmy of Federal Statures). The statutes cover:

Pretrial, presentenced inmates


Post trial, presentenced inmates
Inmates serving provisional sentences
Inmates found Not Guilty Only by Reason of Insanity (NGRI)
Sentenced inmates with severe mental disease or defect requiring involuntary
hospitalization
Sentenced inmates due for release who Dlay be dangerous due to a mental disease or
defect

All Bureau of Prisons (BOP) mental health clinicians should be familiar with these statutes,
regardless of their duty station and usual clinical duties.

These guidelines set minimum standards for the evaluation process for forensic study cases
and include standards for data collection, testimony, documentation) and supervision, as well
as provide guidance on the use of psychological testing for forensic purposes. These
guidelines cover forensic studies done in any of the BOP institutions. While these guidelines
will specifically address each of the statutes in Chapter 313, Title 18, USC, they cannot
address every possible question the courts may ask. However, the forensic clinician can be
guided by the general principles and procedures outlined here, and adapt them as necessary for
those rare cases that do not fall under 4241-4247.

For simplicity's sake, the examiner will be identified as the staff person performing the tasks
outlined in these guidelines. However, there is no attempt in these guidelines to direct which
staff lnembers (or how many) will participate in the forensic evaluation process (other than the
requirement that the primary examiner must be a licensed doctoral level psychologist or
psychiatrist with the necessary forensic experience or subspecialty training), as this will vary
from institution to institution, and fron1 case to case, depending on the resources available and
the resources needed to complete the evaluation.
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

Because of the time-sensitive nature of forensic evaluations and the need for comprehensive
assessment, coordination of care with corrections, health care staff, executive staff, nursing,
pharmacy, and mental health staff is crucial. The examiner is responsible for ensuring that
necessary medical and psychological studies are completed in a manner consistent with the
statutory time frames. This will usually require close collaboration between the forensic
examiner and the clinical director or primary care provider responsible for the inmate's
medical care.

The BOP currently maintains forensic examining sites at several facilities throughout the
United States. Inpatient study sites are located at selected Medical Referral Centers (MRCs)
and provide forensic services when the increased resources available in a hospital setting are
clinically or statutorily required. Outpatient study sites include some Federal Detention
Centers, Federal Correctional Institutions. and MRCs.

Principles of Practice
The practice of forensic psychiatry and psychology is unique in clinical practice within the
BOP. It requires the clinician to recognize that while performing forensic work, his or her
obligation is to the justice system, specifically the court, and not to the United States
Attorney's Office, the defense attorney, or even the inmate. It also requires that the clinician
maintain a balanced, though empathic, scepticism regarding the information provided by the
inmate and others. The inmate may have any number of reasons for wanting to appear
something other than he or she is, for exanlple as suffering from a mental illness wilen he or
she isn't, or covering up the presence of a mental illness (common among individuals with
delusional disorders), or exaggerating real symptOms.

Those individuals engaged in forensic work should be familiar with the potential ethical
conflicts associated with practicing forensics, especially as it relates to being employed by the
Departnlent of Justice in a correctional setting. The reader is referred to the ethical guidelines
published by the American Psychological Association, the American Psychiatric Association,
and the Aluerican Academy of Psychiatry and the Law.

It is incumbent upon the clinician to attend carefully to his or her own subconscious and
conscious motivations in his or her work on a particular case, and ensure that he or she is able
to maintain objectivity. Requesting supervision. peer review, and/or a second opinion is not
only encouraged, but imperative (at least on an intermittent basis) for the professional to
maintain and improve his or her skills and to prevent the acting out of counter-transference
issues. Whenever the examiner has a concern that he or she may have some bias or loss of
objectivity in a case, supervision should be sought. In some cases, the examiner may decide
that he or she cannot render an ohjective opinion. Under no circumstances should the
examiner continue to work with the inmate, but should immediately seek supervision and refer
the case to another evaluator.

All applicable ethical guidelines will not be repeated here~ however the following basic

2
Federal Bureau of Prison~ Guidelines for J;orcnsic Evaluations
Clinical PracTice Guidelines December, 2004

principles apply:

Evcry effort should be made to maintain impartiality (in substance and


appearance) throughout the forensic proccss. There is always (he danger of the
arpearance of bias in one direction or another. Among other things, this means that
both parties to the case (the defense attorney and the United States Attorney or
Assistant United States Attorney) have equal access to information both in terms of
content and timeliness.

It is not the evaluator's job to make a determination as to guilt or innocence,


competence or incompetence, or to determine an appropriate punisluncnt. Such
determinations are made during the legal rroceedings in the courtroom by the trier of
fact. The clinician provides an informed opinion on the questions posed by the court,
based on observation, interaction with the inmate, and other data, and within the sphere
of his Of her expertise.

The evaluator should confine the evaluation, report, and testimony to those
questions specifically raised by the court and to those areas in which he or she
nlaintaios expertise.

The evaluator should always assume that the iOJnatc is confused about his or her
role, and should inform the inmate at the first contact (and periodically thereafter)
as to the nature of the relationship and the purpose of the evaluation.

The evaluator should complete the evaluation and report within the statutory time
frames.

Procedures

Designations

All forensic designations are managed through the Office of Medical Designations and
Transportation (OMDT) in accordance with BOP policy. All court orders received by
individuals outside of OMDT should be forwarded to OMDT for processing and disposition
prior to any study being undertaken. OMDT staff will attempt to clarify the statutory intent of
the court order prior to designating the inmate. Generally, any evaluations that by statute and
policy are permitted to be done in an outpatient setting are designated to one of the BOP's
outpatient forensic sites. Those that by statute, policy. or clinical condition require inpatient
evaluation are designated to one of the BOP's inpatient forensic sites.

If the designation requires that the inmate be moved, the United Stares Marshals are usually
responsible for transportation. The movement may be accomplished within days of the order,
or may not occur for weeks. Because all of the statutes (except 4205) have statutory time

:3
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frames associated with them, it is quite possible that the inmate will not arrive at his or her
designated institution until the end of the time frame noted in the court order. It is imperative
that the court be notified of the inmate's arrival and request permission for the study to be
extended to account for the time of the inmate's arrival at the designated forensic site (not the
date of the order).

Once OMDT has entered the designation data into Sentry staff at the forensic site can access
l

the information and proceed to gather data prior to the inmate's arrival (see next section).

Evaluation

The evaluation process can be divided into several steps: initial review, ongoing assessment
and preparing the report.

Initial Review: The initial review process can be divided into:


court contact
attorney contact
notification of the inmate
initial mental health assessment
medication issues
history and physical

The first two processes can be started prior to the inmate's arrival at the forensic site.
However as previously noted, it is likely that the court will also need to be contacted once
the inmate arrives at the institution.

Court Contact
As noted in the section on designations, the staff at the designated site can begin
gathering information as soon as the inmate is designated. Obtaining a copy of the
court order and clarifying it is an important step. Individual judges may order a
forensic study only rarely, and their familiarity with the statutes may be limited. Often
one of the attorneys in the case may have written the order for the judge. In either
case, the order may not conform in verbiage or intent to the language in the statutes.
Therefore a careful review of the order is necessary prior to undertaking the evaluation.
If the order has a date or time frame specifically noted that either does not conform to
the statute, or to the reality of the situation (e.g., the inmate will not arrive at the
institution until late in the time frame), contact with the court to clarify these issues
should be made as soon as possible. If an extension of the time frame is necessary, it
should be requested at this time. The request should be sent from the Warden to the
court.

Attorney Contact
It is likely that multiple contacts with the Assistant United States Attorney (AUSA) and
defense attorneys will be necessary throughout the forensic evaluation. As with the

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court, initial contact can be made prior to the inn1ate's arrival at the institution. The
attorneys should be asked to provide you witll all court orders, copies of indictments,
police/investigative reports, criminal complaints, mental health and medical records,
names and telephone numbers of family members, employers, and any other records
that will facilitate the evaluation. The attorneys' names and numbers will be on tIle
with the Clerk at the Federal Court where the order was wrinen.

Notification of the Innlate


The inmate will be seen by a health care provider upon arrival at the institution and
screened for any acute medical or psychiatric conditions that need immediate attention,
such as acute psychosis, suicidal ideation, acute intoxication, or the potential for
substance withdrawal prohlems. Within 24 hours of arrival at an inpatient site, an
initial mental health evaluation should he conducted. At other sites, the evaluation
should occur by the end of the first business day following arrival. The guidelines for
the initial evaluation are contained in the Federal Bureau of Prisons Clinical Guidelines
for Psychiatric Evaluation. Notification of the inmate must precede the initial
evaluation. This will include notifying the inmate of the purpose of the forensic
evaluation> the content of the COUft order, the expected time frame of the study, and a
full explanation of the limits of confidentiality. Any questions the inmate has about the
evaluation should be answered. A copy of the order may be given to the inmate in
cases where this will not create a mental health or security issue.

Every attempt should be made to engage the inmate's cooperation in the evaluation
process. The defense attorney can often be enlisted in facilitating the inmate's
cooperation. However, in the event the inmate refuses to cooperate, or cannot fully
comprehend the nature or purpose of the study, lhe evaluation can proceed, as the
inmate's consent is not necessary to perform the court-ordered evaluation.

The parameters of the relationship of the examiner to the inmate is unique in the
experience of most inmates. It is easy for the inmate to become confused as to the
nature of the relationship and begin to interact with the examiner as if he or she is a
personal therapist. It is important to periodically review the purpose of the evaluation
and the role of the examiner in the evaluation, as well as the limits of confidentiality.
While there may be occasion for the examiner ro provide crisis intervention or some
psychological support, the primary relationship is not a treatment relationship in the
classic sense.

Inmates may be committed to an institution for hospitalization and treatment under


4241(d), 4243(e), 4244(d), 4245(d), or 4246(d). In these cases there is even greater
potential for role confusion. The examiner and inmate need to remain aware of the
purpose of the treatment (e.g., restoration of competence) which may be something less
than the usual therapeutic goal of optimizing a patient's functioning.

The inmate should be asked to sign releases of information for any outside medical and
psychiatric records. If the inmate refuses to sign releases for relevant information from
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidel ines December, 2004

outside sources (such as medical and/or psychiatric records), the court should be
promptly notified and asked to issue an order for release of those records.

Releases are not absolutely necessary to obtain verbal information from attorneys,
family members, or other individuals. The inmate should be informed that collateral
information will be gathered from relevant sources. However the examiner cannot
reveal any information about the inmate or the case to sources other than the attorneys,
court, or United States Parole Office (USPO) without a signed release from the inmate.

It is not uncommon for the inmate to frequently ask for teedback regarding the
evaluation and request that the examiner inform him or her as to the likely conclusions
the examiner will draw. This should be avoided for several reasons. Most importantly
the examiner should never be boxed into a final opinion, because it is always possible
that additional material may be discovered that would cause a change in that opinion.
Therefore, the inmate should be directed to his or her attorney for this information and
regarding requests for a copy of the report.

Initial Mental Health Assessment


As noted above, the inmate will initially be screened (usually in Receiving and
Discharge) by a health care provider. Within 24 hours of arrival at an inpatient site
(including weekends and holidays), a mental health professional (either a licensed
psychologist or psychiatrist, or a mental health professional directly supervised by a
licensed psychologist or psychiatrist) will perform an initial mental health assessment.
At all other sites, the evaluation should occur within 24 hours, excluding weekends and
holidays. The assessment should conform to BOP policy and the BOP Clinical
Guidelines on Psychiatric Evaluations, as applicable.

Medication Issues
Any inmate admitted as a study case to the institution on psychiatric nledication, should
be seen by a psychiatrist or other physician as soon as possible, but at least within 24
hours excluding weekends and holidays. In the interim, the medication should he
l

continued, and an informed consent for the medication should be documented according
to policy. Inn1ates on potentially addictive, mind-altering medications, such as
tranquilizers, barbiturates, or others, should usually be informed by a physician or
psychologist as to the addictive nature of the medications and the cognitive impairments
associated with them. In general, they should be tapered off of these medications (see
the BOP Clinical Guidelines on Detoxification), time permitting within the study
period.

During the evaluation period, if psychiatric medication is deemed clinically appropriate,


and the inmate gives infornled consent, then medication may be started. The attorneys
and court should be notified however. If emergency medication is administered (see the
program statements on Administrative Safeguards for Psychiatric Treatment and
Medication. Health Services Manual and Psychiatric Services), the court should be
notified within 1 working day. Notification of (he attorneys can then be made. Staff

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Federal Bureau of Prisons G II ideJines fo r Forens ic Evaluations
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should consider the need for involuntary commitment for hospitalization and treatment
whenever emergency medication is administered. In cases in which the inmate is
housed in an outpatient setting and his or her clinical condition is such that
hospitalization is required, the court, defense attorneys, and AUSA should be notified
and given 24 hours to respond to the information. Rarely the court may prohibit a
transfer to an MRC. If transfer is pursued, the institution staff should submit a transfer
request to OMDT.

History and Physical


A medical evaluation is essential to a forensic study. Organic conditions can cause any
number of psychiatric syInptoms, including psychosis and dementia. Due to the time-
sensitive nature of forensic studies, a complete history and physical should be
completed within 7 days at an outpatient site and within 24 hours at an inpatient site.
This evaluation should include relevant laboratory and radiologic studies. While the
specifIc tests and diagnostic studies performed will be guided by the history, physical,
and mental health evaluation, the following tests should be completed on any inmare
undergoing a forensic study:
CBe with differential
Fasting chemistry panel
.Urinalysis
HIV testing
TSH
Females should also receive pregnancy testing. Additional studies may be indicated in
inmates with spednc medical or psychiatric findings, or from areas where certain
significant conditions are endemic (such as cysticercosis, or syphilis).

Any abnormal findings should be inllnediately addressed. The examiner is responsible


for coordinating the medical care of the inmate such that any essential evaluations
and treatments are completed prior to the end of the study period. Ensuring
continuity of care upon discharge from the institution, particularly as it pertains to any
need for further medical or psychiatric evaluations and treatments, is also the
responsibility of the examiner in collaboration with the clinical director or primary care
provider responsible for the inmate's medical care.

Ongoing Assessment: The ongoing assessment will include:


serial interviews of the inmate
behavioral observations
review of collateral information
medical review
psychological testing
legally-focused interviews

Serial Interviews of the Inmate


The frequency of inmate contacts will be dictated to some extent by the inmate's

7
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Clinical Practice Guidelines December, 2004

clinical presentation, need for treatment interventions) etc. Ordinarily the inmate
should be seen at least weekly, but depending on circumstances and the condition of the
inmate, daily contacts may be necessary. Clinical contacts with the inmate will always
include a nlental status examination, including assessment of any risk of harm towards
self or others, and ongoing diagnostic asseSSluent. The clinician will also frequently
review with the innlate the purpose of the evaluation, as well as assess previous clinical
findings or psychiatric symptoms. If the inmate is on psychiatric medication, response
to the medication (benefits and side effects) should also be reviewed.

Serial interviews are likely to increase the accuracy/reliability of the clinical findings,
and are more sensitive at uncovering inconsistencies in presentation (which may be due
to any number of factors), than one-time interviews.

As collaborative data is collected and reviewed~ contradictory information may come to


light. The serial interview should be used to clarify any inconsistencies and
contradictions that the examiner discovers.

Behavioral Observations
The examiner should take opportunities to observe the inmate in surroundings other
than the office or cell in which the clinical interviews take place. The examiner should
also interview other staff as to their observations, including correctional staff,
recreation staff, other health care providers, pharmacy staff, etc. Log books, incident
reports, and any other written documentation generated during the inmate's study
period should also be reviewed.

A review of taped telephone conversations and written correspondence (other than


communication with the inmate's own attorney which is privileged information) can
also provide significant insight into the inmate's thought processes and level of
functioning.

Review of Collateral Information


It is imperative to collect and review as much collateral information as possible. As
previously noted, this includes law enforcement records, outside medical and mental
health records, education and military records, criminal history, interviews with the
opposing attorneys, family, employers, and others. Repeated efforts may be necessary
to obtain the material in a timely manner. Some of the documents may not arrive until
after the departure of the inmate from the institution. Whenever possible, any conflict
between the information provided by the inmate and other sources should be explored
and resolved to the satisfaction of the examiner.

Medical Review
The examiner will need to periodically review the progress and results of the medical
and laboratory evaluations. This review may best be done in collaboration with the
primary care provider and/or clinical director. The purpose of the review is to ensure
that any abnonnal findings are appropriately documented and addressed as clinically

8
Federal Bureau of Prisons Guidelines for ForenSIC Evaluations
Clinical Practice Guidelines December, 2004

indicated consistent with the inmate's length of stay, and BOP policies and procedures
as outlined in the Program Statement on Patient Care (Check name of this and need to
reference). Follow-up may consist of further studies, interventions, or monitoring.
The examiner, usually in collaboration with the clinical director, may need to contact
the inmate's receiving institution or outside physician (in cases in which the inmate is
released from custody) and the inmate's attorney to ensure that appropriate fOllow-up is
provided. If abnormal results are obtained after the imnate has left the BOP facility,
comact with the inmate's attorney and receiving institution or outside physician should
also'be made by the examiner.

All relevant medical tindings will be included in the tinal report to the court.

Psychological Testing
The use of specific psychological tests in forensic evaluations will be driven by several
. factors:
the question(s) posed by the court
the provisional diagnosis
the reliability and validity of the testes) for the inmate being evaluated
the defensibility/adlnissibility of the test results in court
staff expertise with various psychological tests
if no testing is done~ the defensibility of this decision

Testing should never be used in lieu of in-depth clinical interviews and behavioral
observations, and review of collateral data. Psychological testing should support the
clinical findings, not take their place, and the findings of the test should be directly
relevant to the question(s) posed by the court.

There is no specific luinimum or maximum number or type of tests that should be used
in a forensic evaluation. However, most forensic examiners do have the inmate
perform some psychological testing, typically some measure of intellectual function and
some personality testing. For inmates being evaluated for competency to stand trial, it
is conmlon for standard tools, such as the Competency Screening Test, to be
administered.

Many of the available psychometric tools have been validated on specific populations,
cultures, and in specific languages. Please see Appendix 3 (Overview of Psychometric
Tools), for a list of some of the psychometric tools available. Any psychological
testing utilized should be valid for the person being tested. Care should he taken in the
selection of psychological tools in individuals in any of the following categories:
Primary language other than English
Limited formal education
Presence of serious, chronic medical illness
Cognitive impairment

Legally-Focused Interviews

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The type of legally-focused interview will be directed by the type of study. Typically,
legally-focused interviews are more fomlal interviews in which specific information is
explored and recorded. Such interviews may occur multiple times during an inmate's
study period. For example, an inmate being evaluated for competency to stand trial
may have some assessment of his or her competency done in the initial mental
assessment, and again part way through to assess progression to or regression from
competency, as well as just prior to completion of the study.

Preparing the Report


The forensic report will be submitted to the court and the attorneys involved. It will likely
be shared with the defendant, and if a jury is involved, they will also see it. It will become
part of the permanent court record, and mayor may not he sealed. As such, it will he read
by individuals with varying medical or mental health expertise. Therefore it is essential that
the report be written in concise, clear, jargon-free language. Most importantly, the report
should address only those questions posed by the coun.

Every forensic report will follow the same basic format and include the same basic
information as outlined in 4247 (see Appendix 4 Format for Forensic Reports). The report
J

should stand on its own merit. In other words, the information in the repon should be
relevant and lead logically and naturally to the conclusions offered by the examiner. Report
writing requires the examiner to carefully integrate the data frol11 multiple sources in a way
that provides ample support for the final opinion. Poorly worded or extraneous information
is not only unhelpful, but can ohscure and confuse the picture.

When additional reports on the same inmate are prepared for the same court, the writer can
summarize the relevant findings in the previous repofts and refer the reader to those reports
for more in depth information.

The examiner should be careful not to include sensitive information about individuals other
than the defendant in the report.

The report should specifically note any areas in which information was not available or
could not be corroborated. If records which contain substantive data do not arrive until
after the report has been submitted, an amended report may need to be submitted. The
examiner should not feel constrained by his or her initial opinion if information conles to
light that changes that opinion. In fact, it would be unethical not to notify the court of that
change in opinion and provide a report with the supporting data for that change.

The report may contain data, such as psychological test results, or medical evaluations and
treatment, that is outside the examiner's area of expertise. The data should be carefully
reviewed with someone with the appropriate expertise prior to submission of the report, and
again prior to any testimony, The examiner may elect to have the individual with the
appropriate expertise write this section of the report. If so, that person's name and
signature will also need to appear on the report. If the examiner writes the section(s) then it
should be reviewed by the appropriate person for accuracy prior to submission of the report.

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CI inical Practice Guidelines Decemher, 2004

If the conclusion of the examiner differs from conclusions of other examiners of the inmate,
the repoT[ should reflect the process by which the examiner came to the conclusions and
opinions offered in the report. Tilis wil ( include a discussion of the differential diagnosis~
and the process by which a particular diagnosis was made versus that of another diagnosis.
However~ this should not include anything that may give the appearance of "sparring" with
other examiners.

The timeliness of the report is as essential to the process as the timeliness of the evaluation.
Court orders will often stipulate a date by which the report should be submitted to the court.
The report should ordinarily be cOlnpleted and sent to the coun within 2 weeks from the
conclusion of the study (e.g., for a 30 day study, the report should be sent to the court by
day 44).

The report should be filed with the C()urt~ and distributed as stipulated in the court order, Of
if not specifically stated in the order then according to 4247, Title 18, USC. The burden is
on the defense attorney to restrict access to the report by making a request to the court.

Documentation

The importance of thorough, timely documentation cannot be overemphasized in forensic


work. Years may pass from the time an examiner prepares a report and the final legal outcome
of the case. It is imperative that the examiner understand that memory cannot be relied upon
to support testimony or reports filed with the court. It is equally important to recognize that all
documentation is discoverable. Finally, because the documentation may be reviewed in court,
all entries must be legible. If the judge or jury can't read it, then it is of little, if any, value
and can reflect negatively on the credibility of the author.

In essence, the principles guiding documentation on forensic'cases are no different from those
that guide documentation on medical or psychiatric patients. The reader is referred to the
Program Statement on Health Information Management (HIM) for complete information on the
policies governing the health record. See Appendix 5 (Documentation / Filing Guidancefor
Forensic Psychological Evaluations).

All documentation will be contained in the inmate health record, including outside
records, collaborative data, clinical contacts, results of psychological testing (other than
raw data which is filed in the Central File), and forensic rcports. The examiner is not
to set up "personal" or "private" records. All records are discoverable and as
previously noted~ become a permanent part of the inmate's health record or Central
File. The examiner may wish to keep copies of logs, test data, and forensic reports;
however, these should not be the originals ~ and nlUst be managed as any other
confidential material would be managed.

If clinical contacts, forensic reports, or other data are documented in the

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Fed era I Bureau () f Prisons Guidelines for Forensic Evaluafions
Clinic~l! Practice Guidelines December, 2004

Psychology Data System (PDS), these notes should be printed and filed in the
inmate health record within 72 hours of the event prompting the entry. Any
documentation in PDS wi] I conform to requirements of documentation as outlined in the
Program Statements on Health Information Management, and Psychology Services
Manual.

All contacts with the inlnate will be documented as soon as possible in the inmate
health record or PDS, generally within minutes to hours, but no later than 24 hours
after the contact. Any documentation entered at a time other than the time of contact,
should be titled "Late Entry" and include the date and time of enrry, as well as the date
and time of contact, as per the Program Statement on HIM. If the contact is
documented in the PDS, the documentation should be printed and filed in the inmate
health record within 72 hours.

All contact with other sources will be documented in the inmate health record or
PDS, and as noted, if placed in PDS, should be printed and filed in the inmate health
record within 72 hours.

All information documented in the record will also include the source of that
information (though in the case of an individual, not necessarily the individual's name,
e.g., "nursing staff," "correctional staff," "family member," etc.).

Documentation of any treatment will include type of treatment, response to


trcatInent, any side effects of treatlnent (including those which may impact inmate's
ability to fully participate in the trial process), as well as docUll1entation of presence or
absence of informed consent and competency to give consent for treatment.

All court orders will be placed in the inmatc health record.

The examiner is encouraged to keep a log of time, date, and type of contact for all
communication and correspondence relatcd to the casc, such as calls to attorneys,
family members, letters to or from the court, faxes requesting information, etc. This
log will help facilitate tracking of important information. However, it is not a
suhstitute for documentation in the record, nor is it [he personal property of the
examiner, but should be considered parr of the permanent record.

All discussions with the illluate regarding the linlits of confidentiality, the
examiner's role in the evaluation, as well as the level of the inmate's understanding
should be thoroughly docmnented in the health record (or PDS and placed in the
health record) and in the forensic report.

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Federal Bureau of Prisons Guidelines for Forensic Evaluations
eli nica! Practice Guide lines December, 2004

Treatment

As has already been discussed, it is common for inmates to misinterpret the relationship with
the examiner as being a treatment relationship in the clinical sense. The Bureau does not
prohibit a forensic examiner from also being the treating clinician. In some cases it may be
necessary or appropriate for the examiner to provide treatment (such as crisis intervention or
111edication for an inmate committed under 4241(d)). However it is the examiner's
responsibility to ensure that neither parry loses sight of the true nature of the relationship.

In cases in which a clinician has established a treatment relationship (outside of the context of a
forensic order), and a situation arises in which a court requests a forensic evaluation (other
than those under 4243, 4244, 4245, or 4246), the treating clinician cannot ethically
provide that evaluation, but must refer the inmate to another clinician. If all potential BOP
examiners at that site have been involved in the treatment of the inmate prior to the court-
ordered study, it may be necessary to ask the court to anow for an independent examiner fronl
the community to perform the evaluation, or to submit a transfer request through OMDT.

An inmate being evaluated under 424 1(b) may he suffering from a mental illness that requires
immediate or urgent treatment. In such a case, it is important to provide the court with a
report sununarizing the findings and request that the court issue an order for a 4241 (d) study.
If the inmate is unwilling or unable to give consent for treatment, the report and order will
have to confarn1 to the criteria set forth in the Sell v. USA case. See Appendix 6 (Guidance on
Involuntary Medication Post Sell v. USA), Appendix 7 (Dangerousness Flow Chart), and
Appendix 8 (Sample Letter Requesting Sell Hearing).

Additional guidance for psychiatric treatment for inmates committed to the custody of the
Attorney General for an evaluation or treatment can be found in the program statements on
Psychiatric Services, and Administrative Safeguards for Psychiatric Treatment and Medication,
as well as in relevant Federal Bureau of Prisons Clinical Practice Guidelines.

Testinlony

It is not unusual for the court and attorneys to accept the report into the record and not request
that the examiner testify. However, in contested cases, it is highly likely that the examiner
will be called upon to testify either in person, or through video or telephone testimony.
Testifying can provoke some anxiety even in the most experienced examiners. Careful
preparation, including exhaustive review of the records, not only is necessary for accurate
testinlOny, but does much to mitigate the examiner's anxiety.

The examiner may be requested to testify by either of the attorneys, or by the court.
Regardless as to which party has made the request, the examiner is not testifying on "behalf"
of any party, but is testifying as to his or her informed, clinical opinion on the questions posed
in the court order. Testimony is based on the data collected in the study and the examiner's
clinical expertise. At all times, the examiner must renlcmber that he or she is not an expert on

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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

criminal or moral matters, but only on clinical matters in which he or she possesses expertise,
and it is only in this realm that he or she can offer an opinion,

As at other times, it is important for the examiner to maintain a non-biased approach to the
case. This does not mean that the examiner does not advocate for his or her opinion, but it
does mean that the examiner refrains in appearance and substance from any behavior that might
be interpreted as biased. Therefore, regardless as to which attorney has requested the
appearance of the examiner, the examiner should take care to treat both attorneys equal.1Y.
There should be no "'secret" looks or other nonverbal communication between the examiner
and either of the attorneys. Under no circumstances should the examiner sit at either of the
attorney's tables. The examiner's duty is to provide truthful and accurate testimony based on
the data that he or she has reviewed.

It should go without saying that the court room is a solemn place, and professional attire and
behavior is required. The use of humor in testimony is to be discouraged as this can often be
interpreted as arrogance or a lack of seriousness/credibility on the part of the examiner.

Testimony should be clear, concise, and free from jargon. The examiner should tell a "story"
that proceeds logically from the data to his or her conclusion. The opinion offered is one of
"reasonable medical certainty," typically meaning "lnore likely than not." (For additional
information on testifying, the reader is referred to outside resources. such as The Psychiatrist
as Expert Witness, by T. G. Gutheil, published by American Psychiatric Press, Inc, 1998.)

The examiner must always remember that he or she is presenting an informed opinion, not a
fact. He or she should not be invested in any particular outcome of the case, hut only as to his
or her ability to be truthful, Objective, and fair.

Supervision

Supervision and mentoring are integral to the developlnent and maintenance of expertise in any
clinical practice, but are especially important in the practice of forensics. The examiner's
ability to maimain objectivity, and to keep abreast of changes in case law are para.mount to
producing impartial, high quality, credible work. See Appendix 9 (Supervision Checklist for
Forensic Ps,ychological Evaluations),

Supervision in the BOP is typically both clinical and administrative, and may he done by one,
or more than one, individual. Administrative supervision is an ongoing process and may vary
in intensity based on the institution, the staff involved, and the nature of the forensic study.
Clinical supervision/memoring is more focused and should occur on a regular basis, as well as
be available on an as-needed basis. Ideally> the clinical supervisor/mentor will be at the same
institution as the examiner, however when this is not possible, use of video or telephonic
conferencing can provide some of the components of a supervisory/mentoring relationship,

Clinical supervision and mentoring should involve:

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Federal Bureau of Prisons Guideline~ for Forensic EvaJuulions
Clinical Pracclce Guidelines December, 2004

formal and informal case presentations


review of the case, including corroborative documentation and test results
individual and joint interviews of the inmate on selected random cases, and especially
on high profile cases (e.g., death penalty cases)
review of the written report
discussion of transference and counter-transference issues
review of testimony before and after court
recOlnmendations for cOlltinuing professional education in areas in need of improvement

An objective clinician should review the report. In the review, the clinician should specifically
look for signs of partiality or bias, exclusion of important supporting data, inclusion of
extraneous information, and the relevance of the report and conclusions to the questions posed
by the court.

Forensic examiners are also strongly encouraged to provide clinical supervision and 111entoring
to other forensic examiners, and to regularly present cases to other lnental health and medical
colleagues at the institution and across institutions.

Informal supervision and critique of testimony can also be (and should be) sought from the
attorneys involved in the case. Immediate feedback on the examiner's demeanor, impartiality,
professionalism, credibility, and clarity can all be very helpful, even to the veteran examiner.

Role of Students/Interns/Fellows/Residents

Trainees of various disciplines and levels of expertise may be involved in the evaluation and/or
treatment of inmates undergoing forensic studies. Very close clinical supervision and
mentoring by a licensed doctOral level staff psychologist or staff psychiatrist is necessary
throughout the study process. The forensic report should clearly reflect the role of the trainee
in the study. If the trainee contributed substantially to the repoft and/or treatment, (e.g., more
than psychological testing and review of the history) his or her name should appear along with
the supervisor's name as authors of the report.

The trainee should document in the health record according to the direction provided in these
guidelines as well as in the Program Statements on HIM, Psychiatric Services, and
l

Administrative Safeguards for Psychiatric Treatment and Medication, as well as any relevant
BOP Clinical Guidelines. All notes must be cosigned and dated by a licensed doclOral level
staff psychologist or staff psychiatrist.

Special Populations

BOP staff perform forensic evaluations only when ordered by the court, and only on inmates in
BOP custody. Any requests for forensic evaluations outside of these parameters should be
directed to the Chief Psychiatrist of the BOP for further review and disposition.

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Federal Bureau of Prisons Guidelines for Forensic Evaluations
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Juveniles
Rarely, the courts may request that BOP staff perform a forensic study on a juvenile. The
Bureau does not normally house juveniles. These individuals are usually being held at a
juvenile contract facility. For that reason, studies on juveniles are typically done in the
local community by contract forensic evaluators.

Any requests by a court or attorney for evaluation of a juvenile should be directed to the
Chief Psychiatrist of the BOP for further review and disposition.

The psychiatric/psychological evaluation and/or treatment of adolescents differs in


significant ways from that of adults. Examiners who are not fellowship-trained in
adolescent psychiatry or psychology should refrain from performing forensic evaluations on
juveniles.

For further information on the management of juveniles in the Federal Bureau of Prisons,
the reader is referred to the Program Statement on Juvenile Delinquents.

Death Penalty Cases


lndividuals facing the death penalty as a potential sentence may be court-ordered for a
forensic study at any time during the judicial process: pretrial, presentence, and/or up to
the tinle of execution. SOlne examiners may find their abilities to maintain impartiality and
elnpathy tested to the limit on these cases. There may be significant media attention focused
on the case, as well as significant interest from the Departnlent of Justice or political
entities, further complicating the management of the case.

As a rule, examiners should always seek clinical and administrative supervision on these
cases. Counter-transference issues should be regularly explored with the clinical supervisor
throughout the study period. In cases which involve determining competency to be
executed, or restoring competency to be executed, the examiner nlay elect not to be
involved in the study. (Title 28, USC, 26.5, "No ... employee of the Department of
Justice [who] is a medical professional who considers such participation or attendance
contrary to medical ethics" "shall be required to ... participate in any execution. ")

Military Prisoners, District of Columbia Code Offenders, Bureau of


Immigration and Customs Enforcenlent (fornlerly INS) detainees
See the Program Statements on Administrative Safeguards for Psychiatric Treatment and
Medication, and Psychiatric Services.

Data Collection and Reporting

A web-based data collection and reporting process for forensic cases is currently being
developed. Ongoing work on data base development, coordination of forensic services
between Correctional Programs Division (CPD) and Health Services Division (HSD), and
refinement of the designation process and data base are all essential components for meaningful

16
Federal Bureau of Prisons Guidelines for Forensic EvaluaticlllS
Clinical Practice Guidelines Decemher, 2004

statistical analyses. In the interim, responsibilities for collecting and publishing data are
divided between Psychology Services Branch and the Health Services Division (particularly the
Office of the Medical Director).

Appendix 10 (Forensic Case Data Form) lists the minimum data that should be collected on
each study. These sheets should be faxed or mailed to the Medical Director quarterly.
Additional recipients may include the Regional Psychology Administrators and the Psychology
Services Branch in the Central Office.

1.7
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical P raclice G II ide lines Decemher, 2004

Definitions

Examiner: A licensed, doctoral level psychologist or psychiatrist. This term is used


interchangeably with "evaluator," "clinician," "forensic professional, practitioner, or
clinician. "

Forensic Clinician: A subspecialist in psychiatry (forensic psychiatrist) or psychology


(forensic psychologist) in which "scientific and clinical expertise is applied to legal issues in
legal contexts." (Arnerican Academy of Psychiatry and the Law).

Inmate: Any individual committed to the custody of the Attorney General at any point during
. the legal process, i.e., pre-trial, pre-sentence, sentenced, found not guilty only by reason of
insanity, etc.

Section: The smallest, distinct numbered subdivision of a code, statute Of other juridical
writing.

Statute: A law enacted or established by the legislative branch of government. See Appendix
1 (General Overview of Federal Statutes, Title 18, United States Code. ~4241-4247) and
Appendix 2 (Summary of Federal Statutes).

18
Federal Bureau of Prisons Gu idelines for Porensic Evaluations
Clinica1 Prac lice Gu Ide1i nes December, 2004

References

American Academy of Psychiatry and the Law. Ethical guidelines for the practice of forensic
psychiatry [monograph on the internet]. 1995 [cited 2004 Dec 21]. Available from:
hup://www.aapl.org/ethics.hnn.

American Psychiatric Association. Diagnostic and statistical manual of mental disorders, 4th
ed., text revision. WashingtOn, D.C.: American Psychiatric Association; 2000.

American Psychiatric Association [l11onograph on the ImernetJ. The principles of medical


ethics with annotations especially applicable to psychiatry. 1998 rei ted 2004 Dec 21].
Available from: http://www.psych.org/psych pract/erhics/ethics.cfm.

Anlerican Psychological Association. Ethical principles of psychologists and code of conduct


[nl0nograph on the Internet]. 2002 fcited 2004 Dec 21). Available from:
http://www .apa.org/ethics.

Committee on Ethical Guidelines for Forensic Psychologists. Specialty guidelines for forensic
psychologists. Law and Human Behavior. 1991; 15:655-665.

Federal Bureau of Prisons. Clinical guidelines for psychiatric evaluation [guideline OIl the
internet] . 2002 [cited 2004 Dec 21]. Available from:
http://nicic .org/Resources/BOPMedicaIGuidelines .aspx.

Federal Bureau of Prisons. Forensic evaluation guidelines for BOP psychologists.

Federal Bureau of Prisons. Health services manual: program statement 6000.05;1996.


(The following program statement updates are forthcoming: health information management,
psychiatric services, psychiatric forensic services).

Federal Bureau of Prisons. Health services manual: program statement 6010.01:


ad ministrarive safeguards for psychiatric treatment and medication; 1995 . (Update
forthcoming) .

Federal Bureau of Prisons. Juvenile delinquents: program statement 5216.05;1999.

Federal Bureau of Prisons. Psychology services manual: program statement 5310.12: 1993.

Federal Criminal Code and Rules. West Group (2003).

Gutheil TG. The psychiatrist as expert witness. Washington, DC: American Psychiatric Press;
1998.

19
Federal Bureau of Pri!\ons Guide lines for Porensic Eva] ua!jons
Clinical Practice Guidelines December, 2004

Rogers R, editor. Clinical assessment of malingering and deception, 21ld ed. New York, New
York: The Guilford Press; 1997.

Sadock BJ, Sadock VA, editors. Comprehensive textbook of psychiatry, 7th ed. Philadelphia,
Pennsylvania: Lippincott, Williams & Wilkins; 2000.

Sell v. USA, 123 S.Ct. 2174 (2003).

20
Federal Bureau of Prisons Guidelines for Forensic Evalua!ions
Clinical Practice Guidelines December. 2004

Appendix 1. General Overvie,v of Federal Statutes


Title 18, United States Code, 4241-4247

(See Chapter 3l3-0ffenders with Mental Disease or Defecl in Federal Criminal Code and Rules,
West Group; '2003)

Statutes (paraphrased below) governing the evaluation, treatment, and confinement of defendants with
possible mental illness are contained in Title 18, United States Code (USC), 4241-4247. All
individuals committed to the custody of the Attorney General for mental health evaluation or treatment
are still accorded due process prior to lhe administration of involuntary medication.

4241(b): Determination of mental competency to stand trial


At any time prior to semencing, the defendant or Government "may request an evaluation to determine
if the defendant is suffering from a mental disease or defect rendering him mentally incompetent to the
extent that he is unable to understand the nature and consequences of the proceedings against him or (0
assist properly in his defense."

4241(b) is an outpatient evaluation thal does not require placement in a BOP facility, with a statutory
lime frame of 30 days. An extension may be requested not to exceed 15 days.

The standard for competency to stand trial is a two prong test:


1. The individual has the ability to understand legal proceedings
2. The individual has the ability to work with an attorney

In order to be found not competent, an individual must fail to meet either (or hoth) of the above
criteria, and the failure to meet the criteria is due to the presence of a mental disease or defect.
Several tools are available to help assess an individual's competency to stand trial (see AppendLt 3,
Overview of Psychometric Tools).

If the examiner's opinion is that the inmate is incompetent to proceed, and the examiner is a
psychiatrist with expertise in treating the type of disorder from which the inmate suffers, it may be
appropriate to specifically address the clinical issues under Sell v. USA in the report. Il is not
appropriate for the examiner to address the issue of the government's imeresl in the report. See
AppendLr 6 (Guidance on lnvolzmlmy Medication Post Sell v. USA).

Competence or incompetence is uetermined by the court based on a preponderance of evidence.

4241(d): Restoration of conlpetence


"If" ... "the court finds by a preponderance of evidence that the defendant is presently suffering from a
menlal disease or defect rendering him mentally incompetent to the extent that he is unable to
understand the namre and consequences of the proceedings against him or to assist properly in his

21
Federal Bureau of Prisons G 1I ide! ines fo r I~ orensic Evaluations
C lin ieal Prac lice Guidel i nes December, 2004

defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney
General shall hospitalize the defendant for treatment" [or a "reasonable period of time" ... "to
determine whether there is a substantial probability that in the foreseeable future" he will regain
competency.

4241 (d) is an inpatient evaluation, and must be done in a BOP Psychiatric Referral Center with an
inpatient unit. The initial commitment cannot exceed 4 months; however additional time can be
ordered if the individual is not restored to competence within 4 months, but a substantial probability
remains for the individual to be restored to competence in the foreseeable future. There is no specific
time limit on the extension(s), however, the court must receive an update at least semi-annually on all
individuals committed under 424 I (d).

If an examiner opines that the individual is nOl substantially likely to be restored to competence,
whether by failure to meet the Sell criteria or for clinical reasons, then a risk assessment should be
completed prior to the expiration of the commitment. Should the assessment reveal that the individual
poses a substantial risk of bodily harm to others or serious damage to the property of others due to the
presence of a mental disease or defect, a petition under 4246 should he filed with the Federal Coun
having jurisdiction where the inmate is hospitalized, at the same time as the 4241(d) report is filed
(which will be to the coun which has jurisdiction over the offense).

4241(d) does allow for involuntary hospitalization, but in the absence of dangerousness or grave
disability, does not allow for involuntary treatment without meeting the requirements set forth in Sell v.
USA. See Appendix 6 (Guidance on lllvolunlmy Medication Post Sell v. USA) and Appendix 7
(Dangerousness Flow CI1Ort) for further guidance. If the inmate refuses to accept treatment
voluntarily, then the institution will need to notify the coun and request consideration for a hearing on
the Sell criteria. See Appendix 8 (Sample Letter RequeSTing Sell Hearing).

Competence or incompetence is determined by the court based on a preponderance of evidence.

4242: Determination of the existence of insanity at the time of the offense


Upon notification to the court that "the defendant intends to rely on the defense of insanity, the court. ..
shall order that a psychiatric or psychological examination of the defendant be conducted to determine"
... "whether the person was insane at the time of the offense ... " If the issue of insanity is raised, the
jury, or in a nonjury trial the court, shall find the defendant: guilty, not guilty, or not guilty only by
reason of insanity,

4242 is an outpatient evaluation and does not require placement in a BOP facility. The statutory time
frame for ths examination is 45 days, with allowances for an extension not exceed an additional 30
days.

A person is considered to be legally insane if the court determines, at the time of the offense, the
individual suffered [rom a mental disease O[ defect and due to this defect was unable to appreciate the
nature, quality, or wrongfulness of his or her conduct.

4243: Hospitalization of a person found not guilty only by reason of insanity


If a person is found not guilty only by reason of insanity, then that persOn "shall be committed to a
suitable facility until" he or she is eligible for release under subsection (e). If the crime involved

22
Federal Bureau of Prisons Guidelines for Forensic Evalualions
Clinical Practice Guidtlines December. 2004

bodily injury to another, serious damage to the property of another, or the substantial risk of such
injury or damage, the burden of proof lies with the person who must prove by clear and convincing
evidence that he or she no longer poses such a risk. If the offense was of any other nature, the
individual must prove by a preponderance of evidence that release to lhe community would not pose a
substantial risk of bodily harm to another, or serious damage to the properly of another.

4243 requires that the individual be evaluated at a '"suitable facility" (e.g., a BOP Psychiatric Referral
Center inpatient unit) for a maximum of 45 days, with an extension permissible up to 30 days.
Interestingly, this statute requires that the hearing occur in 40 days after the tinding of nO( guilty only
by reason of insanity (NGRI). Once committed under this statute as dangerous. the individual must be
housed as an inpatient in a BOP Psychiatric Referral Center (PRe).

The court requires annual updates on inmates committed under 4243, and also requires that the
Attorney General (the BOP) make efforts to have the State in which the person was domiciled or was
tried to take custody of these individuals.

Release from this commiunent can occur when the individual's mental condition is such that he or she
no longer poses a substantial risk to others or the property of others, or when the State takes custody.
Release may be conditional; that is, under a prescrihed regimen of treatment, or unconditional.

4244: Hospitalization of a convicted person suffering from Inental disease or


defect
If a defendant has been found guilty, prior to sentencing the court may request an evaluation to
determine if the convicted person is suffering from a mental disease or defect for which he or she is in
need of mental health care and treatment. If such an evaluation results in the court finding by a
preponderance of evidence that the convicted person is suffering from a mental disease or defect for
which he is in need of custody for mental health care and treatment, the court will commit the person
to the custody of the Attorney General for hospitalization and treatment for a term equal to the
maximum allowable time permitted by the sentencing guidelines. If the person recovers prior to
expiration of the sentence, he will return to the court for final sentencing.

4244 evaluations may take place on an outpatient basis. However, once the individual has been found
in need of custody for care and treatment, the individual must he hospitalized in a BOP Psychiatric
Referral Center inpatient unit.

The time frame allowed by statute for the evaluation is 30 days, with an extens ion up to 15 days. Once
committed, the person will remain under the provisional sentence until the court finds that he or she
has recovered to the extent that hospitalization is no longer necessary.

If the examiner opines that the individual does have a mental disease or defect, but is not in need of
custody for care and treatment, then the report to the court must "include sentencing alternatives that
could best accord the defendant the kind of treatment" he or she needs.
An annual report must be filed with the court on all individuals committed under 4244(d).

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Federal Bureau of Prisons Guidel i nes for forensic Eva Iuations
Clinical Practice Guidelines December. 2004

4245: Hospitalization of an imprisoned (convicted) person suffering from


mental disease or defect
This is essentially identical to civil commitment. If the court finds by a preponderance of evidence that
an individual is "presently suffering from a mental disease or defect" for which he or she is in need of
custody for care and treatment, that individual will be committed to the custody of the Attorney
General for hospitalization and treaUnem until "he is no longer in need of such custody ... or umillhe
expiration of the sentence of imprisonment. .. "

There are no specific criteria in the statute as to what constitutes the need for cusiody for care and
treatment, however case law in the Federal courts and in the States generally support commitment for
dangerousness to self, others, or grave disability due to a mental disease or defect.

Although there is a limit of 30 days in which to complete the evaluation (with an extension up to 15
days allowed) once stafr deems that it is appropriate to pursue commitment, there is no time frame in
which a hearing must be held once a petition under 4245 has been filed. In some districts, the hearing
may not take place for 3-6 months depending on the docket. However. in the case of a severely ill and
unstable individual, an emergency hearing can be requested.

Annual reports to the court are required for all individuals committed under 4245. The commitment
can be discharged upon certification by the Warden that the individual has recovered to the extent that
hospitalization is no longer required. at which point the court wHl order the person be imprisoned until
the expiration of his or her sentence.

4246: Hospitalization of a person due for release but suffering from mental
disease or defect
,: rAJ person in the custody of the Bureau of Prisons whose sentence is about to expire, or who has
been committed" under "4241(d), or against whom all criminal charges have been dropped solely for
reasons related to" the person's mental condition, and whose "release would create a substantial risk of
bodily injury to another" or "serious damage of property" due to a mental disease or defect, shall be
committed to the custody of the Attorney General for hospitalization until he or she no longer poses
such a risk, or until a conditional release can be arranged.

The examination period is not to exceed 45 days, with an extension permitted up to 30 days.

The burden of proof for commitment under 4246 is clear and convincing evidence. As in 4243,
once the individual is committed the BOP must attempt to transfer custody to the State in which the
person was domiciled or was tried. Also identical to the language in 4243 is the possibility of a
conditional release under a prescribed regimen of treatment, if under that regimen the person no longer
poses a substantial risk of bodily harm to another or risk of serious damage to property of another.

Annual reports [0 the court are required on aU individuals committed under 4246.

4247: General Provisions for chapter 313.


This statute reviews the statutory time frames, type of information that must be contained in study
repons, and reponing requirements among other things.

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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

Miscellaneous Statutes

4205: Examination of an inmate eligible for parole.


This statute was repealed (along with others pertaining to parole) in 1987, however some inmates
sentenced prior to 1987 ("old Ia w") may be eligible for parole. The statute allows for the United
States Parole Commission (USPC) to receive an evaluation from the BOP on an inmate's suitability for
parole, including his mental and physical health, past criminal history, social background, etc.

3552(h, c): Presentence study and report by the Bureau of Prisons, and
psychological or psychiatric examination.
As part of the presentence investigative process the court may ask that the defendant undergo a
psychological or psychiatric examination to provide information that will aid the court in determining
an appropriate sentence. The court may ask any number of questions in its order, including questions
about departure from the sentencing guidelines, mitigating circumstances, etc.

This evaluation can be completed in the community "unless the judge finds that there is a compelling
reason for the study to be done by the Bureau of Prisons... " The statute allows for 60 days for the
completion of the study \ with an extension up to 60 additional days.

The format of the report should generally follow the format used in the other statutes, but should
specifically address the court's question(s).

25
Federal Bureau of Prisnns Guiuelin~s for Forensic Evaluations
Clinical Practice Guidelines December, 2004

Appendix 2. SUDlnlary of Federal Statutes


Statute Status Purpose Time FranH.>'/ I-Iollsing* Reporting
(extension) Rccluircmcnt

4241 (b) Pretrial to Evaluate Compctcllcy 30 days Outpatient N/A


PrcselHcnce (15 days)

4241 (d) Prctrial to Restoration of Competency 120 days BOP semiannual


Presentence (not specified) Inpatient

4242 Pretrial Evaluate Responsibility 45 days Outpatient NJA


(" Insanity") (30 days)

4243 (b) Found R i5k Assessment 45 days Not specified NJA


"'GRI (30 days)

4243 (e) Found Treauncnt Indefinite BOP Annual


N'ORI and Inparien!
Dangerous

4244 (b) Presentence Evaluation to determine 30 days Outpatient N/A


presence of mental disease (15 days)
or defect & need for
custody for care and
lfcallncnt

4244 (d) Prov isiona I Treatment Maximum BOP Annual


sentence selHencc allowed Inpatient

4245 (b) Sentenced Evaluation to determine 30 days Outpatient N/A


need for hospiwlization & (15 days)
ereatment

4245 (d) Sentenced Hospitalization and Indefinite BOP Annual


Treatment Inpatient

4246 (b) Pre relea.~e Risk Assessment 45 days BOP N/A


(30 days) Inpatient

4246 (d) Prerelease Treatment Indefinite BOP Annual


Inpatient

4205 (c) Prerelea,~e Evaluation to help not specified Outpatient N/A


old law determine parole eligibility

3552 Prescntence Evaluation to help 60 days Outpatient N/A


(b, C) determ inc se 1l1CllC ing (60 days) Judge may
require BOP

*In the case of some outpatients, the clinical condition of the inmate may warrant housing 011 an inpatient unit.
For those inmates in BOP custody at an outpatient site, examiners should contact OMDT (Office of Medical
Designations and Transportation) to discuss possible transfer to an inpatient forensic site.

26
f~ederal Bureau of Prisom Guidelines for FClrensic Evalualions
Clinical Practice Guiclelines Decem[>cr, 2004

Appendix 3. Overvie,v of Psychometric Tools


(Taken from The Forensic Guidelines for BOP Psychologists)

Examiners are reminded to use the latest edition of psychometric tools, and to be prepared to
defend use of a psychometric tool based on standardization, reliability, validity, and
applicability to forensic populations and to the specific case.

Forensic Assessment Tests: Competency to Stand Trial

Competenc)' Assessment Instrument (CAl)


This test was developed simultaneously with the CST and was uesigned to serve as a more
comprehensive measure of trial competency. The instrument describes 13 functions identified as
relevant toward s trial competency. The clinician is required to rate the defendant alo ng the 13 items.
Overall validity evidence is sparse, but the instrument seems to correlate with other established
measures of trial competency.
Administration Population: Pretrial Adults.
Administration Tirne: Approximately 60 minutes.
Language Requiremen/: English.

Competency Assessment for Standing Trial for Defendants with Mental


Retardation (CAST -MR)
This instrument is designed specifically for persons with mental retardation. It consists of 50 items in
multiple choice or open-ended format. Initial validhy study was well designed, but has only recently
become more popular.
Administration PopulaTion: Mental Retarded persons with I.Q. ranging from 35 to 70.
"Administration Time: 45 minutes.
Language Requirement: Limited English ability.

Competency Screening Test (CST)


One of the most popular instruments, comprised of 22 items in incomplete sentence formal. Designed
to be a screening measure so il suffers from higher false negative rates. Numerous validation studies
are available and suggest very good levels of reliability and moderately good levels of validity.
Administration Population: Pretrial Adults.
AdministraTion 7Yme: 15 minutes.
Language Requirement: English.

Georgia Court Competency Test - Mississippi State Hospital (GCCT-MSH)


Another measure designed as a screening device. The revi~ed version consists of 21 items designed to
assess the defendant's knowledge in four areas. Factor slructure is well documented, as are the
psychometric properties. There is even one study available that contains nonnative data for
malingerers.
Administration PopulaTion: Pretrial Adults.
Administration Time: 15 to 20 minutes.
Language Requirement: English.

27
federal Bureau of Prisons Guideline s for Forensic Evaluat i OilS
Clinical Practice Guideline~ December. 2004

Interdisciplinary Fitness Interview (IFI)


This instrument was designed as a comprehensive evaluation method. It is to be administered jointly
by an attorney and mental health professional. The content is comprised of 16 areas covering both
legal and psychopathological domains. Although reliahility estimates have heen reported as good,
there are limited studies addressing the validity. Perhaps the greatest limitatioIl is that an auorney
needs to be available.
Administration Population: Pretrial Adult.
Adminislralion Time: Approximately 60 minutes.
Language Requirement: English.

MacArthur Competence Assessnlent Tool - Criminal Adjudication (MaCAT-CA)


This is {he latest instrument used in the area. It is another product from the MacArthur Foundation.
Despite authors stressing that this is a tool and not a test, it. has been well validated and is based on a
comprehensive theory of legal competence. Perhaps the only instrument for competency to stand trial
that addresses the decision-making construct discussed in the relevam research literature. National
norms are available.
Adminislrariol1 Population: Pretrial Adults.
Administralion Time; Approximately 60 minutes.
Language Requirement: English.
OTher: This test does require the defendant to be able to think of legal scenarios in a more abstracl
manner than other instruments.

Forensic Assessment Test: Criminal Responsibility

Rogers Criminal Responsibility Assessment Scale (R-CRAS)


This instrument is designed to provide a comprehensive approach to the assessment of criminal
responsibility. Essentially, this is a rating scale that allows the examiner La determine if the criteria
have been met for insanity based on various legal standards. This instrument has been empirically
derived and validated, although some criticisms have been made about the lack of standardized
administration.
Administrarion PopuLarion: Pretrial Adults.
Administration Time: Variable as the ratings do not have to occur with the examinee present.
Language Requirement: None.
OTher: Authors caution against use with organic or memally retarded populations since initial
validation studies had a restricted range of such populations.

28
Federal Bureau of Prisons Guidelines for forensic Evaluations
elin ical Practice Guidelines Decem ber, 2004

I Intelligence Tests

C(uuprehensive Test of Nonverbal Intelligence (C-TONI)


This is a test of nonverbal intelligence that minimizes biases due to gender or culture. Composed of
six subtests. Instructions can either be given in English or pantomime for persons whose primary
language is other than English, are deaf, or neurologically impaired. Similar to the Test of Nonverbal
Inlelligence-3 (TONI-3), bUl more comprehensive.
Administration Population: Ages 6 to 89.
Administration Time: Approximately 60 minutes.
Language Requirement: None.
Other: Computerized administration is available.

KaufJuan Adolescent and Adult Intelligence Test (KAIT)


This is a comprehensive imelligence test based on the Cattell-Horn model of fluid-crystallized
intelligence. Fine motor coordination and speed are de-emphasized compared to other comprehensive
intellectual measures. The test is composed of 6 required and 4 optional subtest~.
Administration Population: II to 85 + years.
Administration Time: 60 to 90 minutes.
Language Requirement: English, but nonverbal estimate can be used for non~English speaking
persons.

Kaufman Brief Intelligence Test (K-BIT)


This test provides a brief estimate of intelligence for screening purposes. Consists of 2 subtests. and
provides a verbal (2 parts) and nonverbal (1 part) estimate of intelligence. Nonverbal estimate is less
culturally biased.
AdminisTration Population: Ages 4 through 90.
Administration Time: 15 to 30 minutes.
Language Requirernem: English, but nonverbal estimate can be used for non-English speaking
persons.

Shipley Institute of Living Scale (SILS)


This measure provides a brief assessment of verbal intelligence. The psychometric properties
(reliability and validity) are only moderate, and the results should be used with caution.
Administration Populathm: Psychiatric patients
Administration Thne: 30 minutes.
Language Requirement: English.

Stanford-Binet Intelligence Scale - Fourth Edition (SB-IV)


This is a comprehensive intelligence lest composed of 15 subtests. Based on g-factor model of
intelligence, and second-level factors of crystallized, fluid, and shorr-term memory. The intelligence
model continues to rely heavily on verbal abilities.
I1dministrat iOIl Population: Ages 2 th rough Adults.
Administration Time: 60 to 90 minutes.
Language Requirement: English (vocabulary and chronological age determines slart level for all other
subtests).

29
~eueral Bureau of Prisons Gu idelines fo r Forensic Ev alua lions
Clinical Practice Guidelines December, 2004

Wechsler Adult Intelligence Scale - Third Edition (W AIS-III)


Most common intelligence test used in this counrry. Gives estimate of general, performance, and
verbal intelligence through the assessmem of several imerrelated elements of intelligence as measured
by 14 subtesIs. Administration of three subtests is optional. Allows pattern analysis of separate
subtests and indices although the research on the utility of this is mixed.
Adminisfration Population: 16 through 89 years.
AdrninisTratiol1 Time: 60 to 120 minutes depending in pan on how many subtests are administered.
Language Requiremel1l: English, although performance index may give an estimate of intelligence in
persons whose primary language is not English.
OTher: Full scale index range from 45 [Q 155.

Malingering Tests: Cognitive Functioning

M ultidigit Memory Test (MDMT)


A computerized test designed to detect the malingering of memory deficits. Contains 72 items
prcsemed with 3 different levels of stimulus delay. This measure has available norms to detect
malingering. The malingering norms include bOlh naive and informed samples.
Administration Popu/alion: Psychiatric patients, controls, and neurologically impaired adults.
Administration Time: 30 minutes.
Language Requirement: English.

Test of Memory Malingering (TOMM)


A 50 item test thal requires forced-choice responding over lhe course of 3 sections. Can be shortened
to only 2 sections if needed. Useful in detecting motivational difficulties with respect to memory.
Administration Population: Validation sample include ages 18 to 84 of controls and various types of
neurologically-impaired groups.
Admhzistration Time: 15 minutes.
Language Requirement: English.

Validity Indicator Profile (VIP)


A measure designed to detect response style on cognitive tests. Provides an estimation of response
approach on concurrently administered cognitive lests, Consists of 78 verbal and 100 nonverbal items,
but sections can be administered independently of onc another.
Administration Populal ion: Ages 18 to 69.
Administration Time: 30 to 45 minutes.
Language Requirement: English for the Verbal section; the Nonverbal section has not be validated
with non-English speaking populations,

30
Federal Bureau of Prisons Guidellnes for Forensic Evalu3tiolls
C lillical Practice Guidelines December, 2004

Malingering Tests: Psychiatric Functioning

Structured Interview of Reported SYln ptoms (SIRS)


This is a structured interview with 172 items designed to detect malingering of psychiatric symptoms.
Each of the 13 scales is designed (() detect a different strategy of malingering. It has been validated on
both criminal and noncriminal samples. A conservative cutoff is recommended either using a
combination of scales in the probable malingering range or a Lotal score.
Administration Population: Forensic and psychiatric populations. Adults, but some research is
available for adolescent populations.
AdminisTration Time: Approximately 45 minutes.
Language Requiremenr: English.
Other: Items are read [0 the subject thereby minimizing the reading requirements.

Neuropsychological/Cognitive Tests

Booklet Category Test (BeT)


A more portable variation of one of the HRNT subtests. Comprised of 208 visual stimuli designed to
assess concept formation and abstract reasoning. It warrants a separate discussion since it includes
various indices of malingering. The original Category Test is the second most sensitive index on the
HRNT for the detection of overall neurocognitive impairment, and the most common single subtesl.
Research indicates that this version is comparable to the original.
Administration Population: Ages 15 through Adults.
Administration Time: 30 to 45 minutes.
Language Requ.irement: English.

Cognistat (Neurobehavioral Cognitive Status Examination)


A neuropsychological screening measure designed to assess functioning in five areas. While the
research is mixed on the overall utility of this measure, il seems to be more valid than several other
"mini-mental status" formats. This measure is also available in Spanish.
Administration Population: Ages 18 and older.
Administration Time: 20 - 30 minutes.
Language Requirement: English or Spanish.

Halstead Retan Neuropsychological Test (HRNT)


A comprehensive, widely used procedure to assess neuropsychological impairment. Composed of
approximately 8 tests (depending on what are considered separate subtests) which can be administered
independently. Some of the subtesls have more subjective scoring criteria, but the combined test yields
several indices of general and specific areas of impairment. The use of this test requires a high level of
technical expertise especially for interpretation.
Administration Population: Adults (although there are modified versions for ages as low as 5)
Administration nme: 120 to 180 minutes.
Language Requirement: English.
Other: WAIS and WMS should be administered in conjunction.

31
federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pl'actice Guidelines Decem ber, 2004

Kauf'Inan Short Neuropsychological (K-SNAP)


A neuropsychological screening measure. Comprised of 4 subtests and yields an overall impairment
index score. Attempts were made to minimize cultural bias.
AdministraliOll Population: Ages II to 85.
Administration Time: 30 minutes.
Language Requirement: English.

Luria Nebraska Neuropsychological Battery (LNNB)


A comprehensive measure of neuropsychological functioning that contains 269 items divided into II
content scales. This measure continues (0 experience mixed validation findings. In addition, it has
been criticized due to its heavy language dependence.
Administration Population: Adults.
Administration Time: Approximately 120 minutes.
Language Requirement: English.

Wechsler Memory Scale - Third Edition (WMS-3)


A comprehensive test of learning, memory, and working memory. Comprised of 11 sublests, 6
primary and 5 optional subtests.
Administration Population: Ages 16 - 89.
Administration Time: 30 to 60 minutes.
Language Requirement: English.
Other: Contains 2 identical subtests as the WAIS-IIl, which can be used to assess consistency of
responses if the WAIS-III was concurrently administered.

Wide Range Achievenlent Test - 3 (WRAT-3)


A measure of academic achievement in reading (recognizing and pronouncing words), spelling (writing
words) and arithmetic (oral and written computations). Individual sections can be used separately. For
example, reading section can be used to determine if level is sufficient for the administration of other
lests such as the MMPI-2. This test is well normed and has good psychometric properties.
Administration Population: Ages 5 to 75.
Administration Time: Approximately 30 minutes.
Language Requireme11l: English.
Other: Contains alternate forms.

Personality / Psychopathology Tests

Millon Clinical Multiaxial Il1vcntory-3 rd Edition (MCMI-III)


Also a self-report measure of psychopathology and personality functioning. This measure remains
controversial in the current research literature, especially in regard to validation within forensic
populations. Contains 175 items.
Administrariol1 Population: 18 and older.
Administrat;on Time: 30 minutes.
Language Requireme1ll: English and Spanish.
Other: 61h grade reading level required.
Federal Bureau of Prisons Guidelines for F()ren~ic
EvaluaTions
CI inical Practice Guidelines December. 2004

Minnesota Multiphasic Personality Invcntory-2 (MMPI-2)


Most commonly used objective "paper and pencil" measure of psychopathology and personality
functioning. Advamages of excellent standardizalion norms and research on specificity with various
populations available. Includes multiple indices of dishonest responding. This measure is well
accepted in the courtroom. Contains 567 items.
Administration Population: 18 and older.
Adminisfration Time: 90 minutes.
Language Requirement: English or Spanish. Audio cassettes available in both languages. (Has been
normed in approximately 40 languages).
Other: Reading requirements range from 5111 to 8tll grade depending on the source consulted.

Psychopathy Checklist - Revised (PCL-R)


This is a 20 item rating scale used to assess psychopathy. Requires the use of collateral records along
with a recommended interview. The construct is useful in the prediction of general aggression,
criminal recidivism, and treatment response. Disadvantages include the pejorative nature of the
instrument's classification and that the construct must be explained to the courts since it is not part of
the current psychiatric diagnostic system.
AdminiSTration Popularion: Normed on Criminal and forensic, nonminority adult males.
Adrninistration Time: 120 to 180 minutes including collateral information review.
Lan!?uage Requiremen/: Norms on English speaking samples.
Olher: Requires collateral information.

Rorschach
A measure of personality funCtioning that is widely known. This lest utilizes 10 ambiguous cards from
which a person's perceptions are elicited and recorded. This test remains highly controversial,
especially in the courtroom. Recent meta-analysis findings suggest that the psychometric properties are
comparable to commonly used objective measures.
Administration Population: Ages 5 to Adult.
Administration Time: Approximately 60 minutes.
Language Requirement: English (for the Exner scoring system).

I Risk Assessment Procedures

Assessing Risk for Violence (HCR-20)


An assessment guide for the prediction of violence towards others. Contains 20 items of historical,
clinical, and risk managemem variables which requires (he clinician to rate each item.
Administration Population: No age range is given in the manual.
Administration Time: Variable, requires record review and concurrent assessment of psychopathy.
Language Requirement: None.
Other: Requires the simultaneous assessment of psychopathy.

:33
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pracrice G II id eIilles December, 2004

Appendix 4. Format for Forensic Reports

United States Department of Justice


Federal Bureau of Prisons
(Institution name)
(City, State, ZIP)

FORENSIC REPORT

Defendant Nanle: Registration #:

Case Number:

Date of Birth:

Dates of Evaluation:

Date of Report:

IDENTIFYING INFORMATION:
Defendant name, age, marital status, race/ethnicity, sex, referral source (coun and district), name of
institution, date of court order, date of arrival, court questions and stalute(s), criminal charges.

Ex: Mr. John Jay Jones is a 34 year-old, ntJice married. white male referred by [he United States
District Court for the Western District of Anystare 011 Month. Day, Year, jor an evaluation wuler the
provisions oj Title 18, US Code, Section 4241 (h) to determine his competency to stand trial. Mr.
Jones is charged WWl a Felon ill Possession oja Firearm. He arrived at Fel Institution on Month,
Day, Year.

ASSESSMENT PROCEDURES:
Limits of Confidentiality
Interviews with defendant (dates, length of time or contacts, number of contacts, etc.)
Collateral Interviews
Collateral Information Reviewed
Observations by Other Staff
Physical Evaluation
Psychological Testing

BACKGROUND INFORMATION:
Describe sources of information, explain any contradictory information. Cover relevant information
under appropriate sub-headings helow. If nothing availahle or no history, note this under the heading
(e.g., "Military History: No history of military service. ")

34
Federal Bureau of Prisons Gu idelines for Forensic Evaluations
eli nkal Practice Guidel i nes December, 2004

Developmental History: Describe family of origin, criminal, psychiatric, and medical history of
relatives, history of any abuse or trauma, and other relevant developmental history not covered under
other headings.

Educational History:

Employment History:

Military History:

Marital History:

Medical History:

Psychiatric History:

Substance Abuse History:

Criminal History: Past history. including juvenile history

Description of Offense: This should include information gathered from collateral sources and the
defendant, and any contradictions should be noted and explained.

EV ALUATION FINDINGS:

Behavioral Observations:

Current Mental Status:

Medical Evaluation, Studies, and Treatnlent: Describe any positive results of physical
examination, laboratory and other studies, and any medications (and their doses) and other treatments,
and response to treatment. Any pending results should be noted here and also in the section on
recommendations. Personal contact with the defense attorney and personnel at the receiving institution
may be necessary to ensure continuity of care in the case of any significant medical or psychiatric
concerns or need for ongoing follow-up or further studies.

Psychiatric Treatment: Describe any psychological or psychiatric treatment, med.ications, doses,


side effects, and benefits of treatment. This section would also include any psychoeducational or
psychosocial treatment, such as competency training, and the results of these interventions.

Psychological Test Results:

DIAGNOSTIC IMPRESSION: Diagnoses should be listed according to the current Diagnostic


and Statistical Manual of Mental Disorders. This section includes a thorough description and

35
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pracl ie e Guid el illes December. 2004

explanation of each diagnosis.

TREA TMENT RECOMMENDATIONS: The complexity and scope of this section will be
based on several factors, including the relevance to the court-posed questions, seriousness of the
conditions present, need for follow-up, etc. When recommendations are made regarding specific
medical or psychiatric conditions/treatment, the staff making those recommendations (if other than (he
examiner) should be noted in the report (e.g., "The medical staff responsiblejor Mr. Jones' medical
evaluation and treatme12l during this study period recommend 111m he continue his all1ihypertensive
medication and have a repeat serum creatinine in 6 months.") In cases in which urgent or significant
follow~up of medical or psychiatric issues is necessary to protect the defendant's health or life, the
examiner must ensure [hat this information is conveyed to the appropriate panies as soon as possible.
This may require notification of the defense anorney by telephone, or preferably in writing, as well as
medical staff a[ the receiving institution or jail.

In cases in which compliance with psychiatric treatment is necessary to maintain competence for legal
proceedings, this should be noted in this section as well as in the next section, "Prognosis."

PROG NOSIS: This section can address prognostic issues related to relevant medical issues in
addition to the psychiatric issues, especially as they pertain to the court-posed questions, and legal
proceedings. Issues concerning compliance with medication should also be reiterated here.

OPINION ON THE ISSUE OF ....(add \1/hatever questions were asked by the coun, e.g.,
competency fo stand trial, criminal re~ponsibility, erc.):
This section will contain the opinion of the examiner on the question(s) posed by the court. A separate
heading for each specific question may be utilized, or one heading which lists all the questions, and
then each opinion described and justified in the body. It is helpful to include specific behavioral
observations, data, or defendant statements that support the opinion. The coment should remain
focused on the questions posed by the court, and should not extend into additional areas, nor should it
extend beyond the expertise of the examiner.

SIGNATURE BLANKS:
This section should include the signature, printed name, and title of the primary evaluator, any
secondary evaluators or contribulors to the report, and the supervisor (or peer reviewer) of the primary
evaluator, if relevant.

Exanlplc:

Signature Printed Natue Title of Primary Evaluator

Signature Printed Name Title of Secondary Evaluator

Signature Printed Natne Peer Reviewer

36
Fed eral Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December. 2004

Appendix 5. Docunlentatioll I Filing Guidance for


Forensic Psychological Evaluations
The following types of material may be collected or created during a forensic evaluation.
Psychologists in outpatient study sites and MRCs may use the Psychology Data System as
their primary documentation tool, with information printed and filed in the Health Care
Record and Central File according to the table below.

Non-PDS Material
File Entry Description Medical File Location
Collateral Material provided by external sources such as: Psychology Tab, Inmate
Information arrest report, Pre-trial Services Report or PSI, Health Record
verification of social history information.

Correspondence Letters to/from the Court or other parties Central File (primary);
related to the case. Psychology Tab, Inmate
Health Record

Court Orders As received from the Court. Psychology Tab, Inmate


Health Record

Psychological Test Raw test data and interpretive reports. Should Central File, Privacy
Data & be placed in the Central File upon completion Folder, Tab 2
Interpretive of the forensic report. (Not Medical File)
Reports
Treatnlent Records Records of treatment from sources outside the Outside Medical Records
(non-BOP) BOP. Tab, Inmate Health
Record

PDS Material
PDS Entry Description Medical File Location
Brief Counseling Documentation of contact related to institution Progress Notes, Inmate
adjusunent if needed. Health Record*

Crisis Intervention Documentation of contact during a mental Progress Notes, Inmate


health crisis, description of evaluation and Health Record:;:
treatment rendered.

Evaluation and Documentation of any clinical contact Progress Notes, Imnate


Report: Clinical including: informing the person of lhe nature Health Record *
Contact of the study, confidentiality limits, order of the
Court; history taking; mental status examination
or periodic review; legally focused clinical
interviews; assessment of risk of harm (unless
documented as a formal suicide risk assessment
is warranted).

37
Federal Bureatl of Prisons Guidelines for r-orensic Evaluations
Clinical Practice Guidelines December, 2004

Appendix 5. Documentation I Filing Guidance for


Forensic Psychological Evaluations (Page 2)

PDS Material
File Entry Description Medical File Location
Evaluation & Report: Documentation of contacts with attorneys, Progress Notes, Inmate
Collateral Contact family, treatment providers, of staff. Health Record*

Evaluation & Report: Documentation of receipt and/or review of Progress Notes, Inmate
Collateral collateral information. Health Record*
Information
Evaluation & Report: The final report forwarded to the Court. Psychology Tab, Inmate
Forensic Evaluation Health Record; Central
File, Privacy Folder,
Tab 2

Evaluation & Report: Notation that testing occurred on a specific Progress Notes, Inmate
Summary of date and time; observations of behavior Health Record *
Psychological Testing during testing; summary of findings.

Suicide Risl\ Documentation of a formal suicide risk Progress Notes, Inmate


Assessment assessment jf warranted by evidence, Health Record*'
statements, or clinical presentation.

Post-Suicide Watch Documentation of conclusion of a suicide Progress Notes, Inmate


Report watch, changes in condition during the Health Record*
watch, plans for follow-up and monitoring.

*On form SF 600, if an outpatient. On form SF509, if an inpatient.

NOTE: PDS entries should be printed and forwarded to Health Services for inclusion in the
Medical File within 72 hours

38
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

Appendix 6. Guidance on Illvoluntar)' l\fedication Post Sell v. USA

The Supreme Court's ruling in Sell v. USA in 2003 imposed additional standards on the use of
involuntary medication for a non-dangerous, pretrial inmate committed to the custody of the
Attorney General under 4241(d). Following Sell, Bureau Psychiatric Referral Center (PRC)
staff are no longer authorized to administer involuntary antipsychotic medication to defendants
committed under Title 18, USC, 4241 (d) solely for the purpose of restoring competency to
stand trial, absent appropriate coun authorizations. For those inmates, the government must
now meet a five-pronged test prior to medicating the inmate:

t. The government has an important interest in adjUdicating the case that outweighs the
defendant's liberty interest in avoiding unwanted medication.
2. The proposed treatment is medically appropriate (Le., in the individual's best medical
interest.)
3. The proposed treatment is substantially likely to restore the defendant to competence.
4. Less intrusive means of treatment are substantially unlikely to restore the defendant to
competence.
5. Side effects from the treatment are substantially unlikely to interfere with the
defendant's fair trial rights.

Nevertheless, Bureau PRC staff remain authorized to administer involuntary anti-psychotic


medication to patients who are a danger to self, including by grave disability, and/or a danger
to others, according to the Bureau's current due process procedures.

Appendix 7 (Dangerousness Flow Chart) is intended to assist PRC staff in understanding,


analyzing, and documenting a patient's need for involuntary anti-psychotic medication. When
PRC staff determine that a patient is a danger to self, including grave disability, and/or a
danger to others, it is vitally important to document the examinations, observations, analysis,
and conclusions in anticipation of close scrutiny by defense attorneys and federal courts. It is
panicularly important to avoid simply stating conclusions that a patient is in need of such
treatment. Rather, PRe staff must carefully describe the specific behavioral observations and
reasons which are the basis for concluding the patient is a danger to self, including grave
disability, and/or a danger to others due to mental illness.

The Bureau's policy and procedures for involuntarily conunitting inmates to a mental health
facility based on the Supreme Court's decision in Vitek v. Jones, 445 US 480 (1980), remain
unchanged following the Sell decision.

39
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines Decemher, 2004

Appendix 7. Dangerousness Flo\v Chart

DANGEROUSNESS
Bureau PRe staff may involuntarily administer antipsychotic medication to patients when they arc a danger to
self or others. The patient's dangerous behavior must exist, or is determined to be likely to exist, within the
correctional setting. A prediction of such behavior occurring only in the community, or elsewhere. is not a
sufficient basis.

l.......--. D_A_N_G_:rE_.JR_T_O~S_E_L_F 1 I DANGER TO OTHERS

Active Danger to Self Passive Danger to Self Danger to Others


As a result of a mental (Gravely Disabled)
disorder the patient actively As a result of amental As a result of a mental disorder,
engages, or is likely to disorder, the patient is in the patient actively engages, or is
engage. in conduct which is danger of serious physical likely to engage. in conduct whil.:h
ehher intended, 0 r harm to self by failing to is either intended or reasonably
reasonably likely, to cause provide for his/her own needs likely 10 cause physical harm to
physical harm to self or of health andl or safety. The others, or cause significant
cau se sig nificant property patient manifests, or will soon propeny damage. e,g., history of
damage, e.g., history of manifesl, severe deterioration assaul ting or threatening others.
cutting self, in routine functioning
th reatening/attempting evidenced by repeated and
suicide; or significant escalating loss of cognitive or
destruction of property. volitional control over his/her
actions,

Clear and Complete Documentation


Describe Observations - Bellavior, appearance, actions, statements, responses, speech
pattern, psychomotor activities, etc.
Provide Patient History - Prior documented history, especially as it penains to diagnosis,
treatment and treatment response, compliance history, history of behaviors dangerous to self or
other, etc.
Explain Conclusions - Detailed explanation as to how prescribed treatment will benefit the
patient and is, therefore, in his/her best medical interesl.

40
Federal Burea~l of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines Decem be r. 2004

Appendix 8. Sample Letter requesting Sell Hearing

Institution Letterhead
[Date]

The Honorable [Name]


United States District Court
District of - - - - - -
Address

RE: lInmate Namej


Register Number:
Docket Number:

Dear Judge

In accordance with your Court Order of [Date], a psychiatric evaluation of [Inmate Name] has been
completed.

[Inmate Name] was previously evaluated under the provisions of Title 18, United States Code, Section
4241(b). That report offered the opinion that he was not competent to stand trial. He was subsequently
admitted to our facility under Section 4241(d) on [Date]. Although a psychiatrist has determined that
antipsychotic medication would benefit [Inmate NameL he has refused to voluntarily accept
antipsychotic medication to treat his condition. As a consequence of his refusal, you may wish to
consider conducting an involuntary medication hearing.

In Sell v USA, 123 S. Ct. 2174 (2003), the Supreme Coun decided that the government's ability to
involuntarily administer antipsychotic medication to a pretrial defendant solely to restore competence to
stand trial is limited to those circumstances in which all of the following are proven in a hearing in a
federal court: (1) The government has an important interest in adjudicating the case that outweighs the
defendant's liberty interest in avoiding unwanted medication; (2) The proposed treatment is medically
appropriate; (3) The proposed treatment is substantially likely to restore the defendant to competence;
(4) Less intrusive means of treatment are substantially unlikely to restore the defendant to competence;
(5) Side effects from the treatment are substantially unlikely to interfere with the defendant's fair trial
rights.

Should you decide to proceed with a hearing, our clinical staff can participate through telephone or
video conferencing.

If reswration of competence proves to he unsuccessful, either due to lack of medication, or unsuccessful


treatment with antipsychotic medication after you order it, a final determination that the inmate is not
competent and not restorab Ie is requ ired by Title 18, United States Code, Section 4241 (d). If you make
such a determination, an additional study is necessary to determine if the defendant may be subject to an
indefinite commitment authorized by Title 18, United States Code, Section 4246. If after that study, the
mental health professionals determine that commitment under Section 4246 should be pursued, the
proceedings to commit the inmate would be initiated in the [local] District Court of [State of
confinement] .

41
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

If you have any additional questions or concerns, please feel free to contact me at [phone number], or
facsimile [fax number].

Sincerely,

[Name]
Attorney
Institution Name
Address

42
Federal Bureau of Prisons Gu idel illes for Forensic E valu ations
C Iinica J Prac.: tice Guide lines Decem ber. 2004

Appendix 9. Supervision Checklist for Forensic Psychological Evaluations


Evaluator: License #: Expiration Date:
Reviewer: Report Date:

Name: Register No:

Report Check List


Element Yes No N/A

Extensions appropriately filed


Report completed by due date
Report is dated and the reg. # is listed
Charges or Instant Offense listed
Referral Questions referenced
Confidential ity statement noted
Data base is clearly described
Past medical/mental health records requested/reviewed
Collatera1Interviews attempted /conducted
Defendant's history is appropriately reviewed
Behavioral Observations and Mental Status detailed
Medication, dosages, purposes, etc. are described
Appropriate psychological tests are administered
Psychological test results are explained
Results of Medical evaluation are explained
Diagnoses in DSM-IV format, including codes
Diagnoses are explained and supported
Prognoses are clearly addressed
Immediate follow-up care needs are noted
Court's questions are directly answered with wording of statute

43
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines Decem be r, 2004

Intensive Case Review


Elelncnt Yes No N/A

Defendant interviewed

Raw test data reviewed

Collateral information reviewed

Consults reviewed

Attorneys interviewed

Diagnoses accurate

Diagnoses comprehensive

Treatnlent recommendations accurate

Treatment recommendations comprehens i ve

44
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004

Appendix 10. Forensic Case Data Form

1. Data Entry Date


2. Inmate Name
3. Inmate Reg. No.
4. Author
5. Institution (Sentry three letter code)
6. Date Study Completed
7. Type of Study
a. 3552 (Sentencing recommendations)
b. 4241 (Competency to proceed)
i. Outcome
(1) 0 Competent
(2) 0 Not Competent
c. 4241 d (Restoration of competency)
i. OutCOlne
(1) D Con1petency Restored
(2) 0 Competency not Restored
ii, Court
(1) 0 Declined to order medication after Sell v. USA hearing
(2) 0 Ordered 11ledication after Sell v. USA hearing
(3) 0 Input not needed, as Sell v. USA issue not raised
d. 4242 (Mental state at time of offense)
i. Outcome
(1) 0 Responsible
(2) 0 Not Responsible
e. 4243 (Hospitalization due to NGRI and Dangerousness)
i. Outcome
(1) 0 Substantial Risk due to Mental Illness
(2) 0 Not a Substantial Risk due to Mental Illness
f. 4244 (Hospitalization of post-conviction/pre-sentenced person)
i. Outcome
(l) 0 Hospitalization Needed
(2) 0 Hospitalization Not Needed
g. 4245 (Hospitalization of sentenced inmate)
i. Outcome
(1) 0 Hospitalization Needed
(2) 0 Hospitalization Not Needed
h. 4246 (Dangerousness assessment of pretrial detainee)
i. Outcome
(1) 0 Substantial Risk due to Mental Illness
(2) 0 Not a Substantial Risk due to Mental Illness
i. 4246 (Dangerousness assessment of end-of-sentence inmate)

45
Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December. 2004

i. Outcome
(1) 0 Substantial Risk due to Mental Illness
(2) 0 Nor a Substantial Risk due to Mental Ilness
j. 5037 (General study & observation of juvenile)
8. Diagnoses:
a. Axis I
b. Axis II
c. Axis III
d. Axis IV
e. Axis V
9. Tests and Structured Interviews (list all that apply and insert scores as appropriate).

46
FEDERAL DEFENDERS OF MONTANA
Billings, Montana

TO: Tony

FROM: Dave Merchant

DATE: September 29, 2006

RE: Change in BOP Policy regarding Classification

On September 12, 2006, the Federal Bureau of Prison made significant changes to its
Inmate Security Designation and Custody Classification Police (P5100.08). This
memorandum attempts to clarify those changes and opines as to how FDOM should address
them for our clients. These changes take effect immediately. As a result of the scoring
matrix change, all BOP inmates will be reclassified. My assumption is that with 200,000
federal inmates, the reclassifications will take place for those already incarcerated over the
course of the next six months or until the inmate attends his or her next TEAM meeting.

First, the BOP has a significantly changed the scoring matrix for classification. The
matrix takes into account a multitude of factors of our clients to determine the appropriate
security classification. The new numbers are;

Minimum 0 - 11 points for men 0 - 15 points for females


Low 12 - 15 points for men 16 - 30 points for females
Medium 16 - 23 points for men
High 24 or more points for men 31 or more points for females

As part of this years change, these ranges were increased from;

[2002 change]

Minimum 0 - 5 points for men 0 - 10 points for females


Low 6 - 8 points for men 11 - 21 points for females
Medium 9 - 14 points for men
High 15 or more points for men 22 or more points for females

[1996 change]

Minimum 0 - 9 points for men 0 - 12 points for females


Low 5 - 11 points for men 8 - 23 points for females
Medium 11 - 22 points for men
High 18 or more points for men 21 or more points for females
FEDERAL DEFENDERS OF MONTANA

The major changes in this policy revision are:

1. The scoring of Type of Prior Commitment has been replaced with


Criminal History Score

Types if Prior Commitments used to be divided into three categories; none (0


points), minor (1 point) and serious (3 points). Now the clients criminal history score is
used. The ranges are:

Category I = 0 points
Category II = 2 points
Category III = 4 points
Category IV = 6 points
Category V = 8 points
Category VI = 10 points

Obviously this is a major increase in points for those who have significant criminal
history. The BOP is to look at the Judgment for this score. If it is not listed in the Judgment,
the BOP next looks to the PSR and finally may calculate this score on their own. It is
imparative that you do not let the BOP score this on their own as there is no guide for
related conduct.

2. New scoring item, Age

The age of the client is now a factor, weighting against younger inmates.

24 years or less = 8 points


25 through 35 = 4 points
26 through 54 = 2 points
55 and over = 0 points

If the inmates age is unknown, a default score of 4 will be given.

3. New scoring item, Education

As completion of a GED or high school diploma is now a recommended condition


for Supervised Release, points are given for the lack of education.

Verified high school degree or GED = 0


po
int
s
Enrolled in, making satisfactory progress in GED program = 1 point
No verified high school degree/GED and not participating
in GED program = 2 points

2
FEDERAL DEFENDERS OF MONTANA

So now at the PSR interview, all of our clients are participating in a GED program.
It may make sense to check to see that each US Marshall contracted facility has GED study
materials or classes available.

4. New scoring item, Drug/Alcohol Abuse

Never or more than 5 years = 0 points


Within the last 5 years = 1 point

Examples of drug or alcohol abuse include a conviction for a drug or alcohol related
offense, a parole/probation/supervised release violation because of drug or alcohol abuse,
positive drug test, DUI, rehab or detox placement or an inmates self-report.

This is a double edged sword. The BOP will not let an inmate into the RDAP
program unless they have a verifiable drug or alcohol problem within the last year (they
review the PSR) and even then, if the inmate has had any drug or alcohol treatment or
counseling, it may preclude them from the program. Certainly, in-patient counseling post-
conviction and prior to sentencing is used to exclude the inmate from the program. Also, be
aware that when the inmate goes through quarenteen at whatever facility they are designated
to, the legal insturments examiner (the LIE - no joke) will take their sentence, deduct their
time served and they statutory good time to see if the inmate has enough time to complete
the program. So a client who gets a 24 month sentence and has 6 months in jail at the time
of sentencing most likely will not get the RDAP program.

24 months - 3 months good time - 6 months time served - 3 months CCC placement
= 12 months to serve. Plus, you have to assume that it will take up to 3 months from the date
of sentencing to have the client designated and transferred to the designated facility and the
RDAP program typically takes 8 to 10 months to complete. Also, assume that once the
client lands at the designated facility it may take up to 3 months before they see the LIE or
their case manager to even get placed on the waiting list for the program.

The following categories have been modified/changed in regards to an inmates


custodial classification. These effect an inmates institutional security level once they have
already had their original designation. While it does not effect the way we should advocate
at a clients sentencing, these factors will play a part in their ability to move from the higher
security institutions to camps and halfway house placement. They are;

5. Mental/Psychological Stability has been discontinued


6. Responsibility Demonstrated has been replace with Living Skills
and Program Participation
7. Family/Community Ties clarified - this clarification is somewhat
troubling as it gives points to those inmates who do not receive visits or
participate in institutional programs (i.e. toys for tots, special olympics).
8. PSF for Violent Behavior modified
9. PSF for Deportable Alien clarified

3
FEDERAL DEFENDERS OF MONTANA

There are other changes but they are more administrative for the BOP as well as
imputing feel good language that seemed to be simply busy work for some BOP lawyers.

Why BOP made these changes is a mystery to me. It appears from on the surface,
the young and dumb inmates with some criminal history will be placed together and
separated from the older, wiser convicts. This flies in the face of conventional prison
wisdom that older inmates teach the younger ones how to do time. I looked at the changes
in the BOP population and the only thing that has really changed in the last ten years is the
number of inmates in the custody of the BOP. Also, the BOPs policy of initiating early
deportation proceedings in illegal alien cases is all but gone. Now, BOPs policy is to wait
until the actual sentence is served (keep in mind that there is no RDAP or CCM programing
for these inmates) before initiating Department of Homeland Security proceedings.

While the BOP did not change the history of violence or the history of escape, these
two categories always were subjective for the designator as the rules were somewhat vague.
I recall not scoring an escape to an individual who reported back to a CCC late. Another
person designating inmates in that CCM office scored that as both a minor escape (3
points) and a minor history of violence (5 points).

A review of the raw data of the BOPs population does not give any reasonable
explanation of the changes either.

1996 2000 2006

Total Population 105,432 145,125 192,316


Male 92.7 % 93.6 % 93.3 %
Female 7.3% 7.4 % 6.7 %

Average Age 37 37 38
Average Sentence 66 months 54 months (2003)

In High facility 13.9 % 22.5 % 10.3 %


Medium 26.1 % 35.2 % 26.5 %
Low 30.1 % 24.9 % 39.7 %
Minimum 29.9 % 10.2 % 18.6 %

Number of Institutions 85 99 105

4
U.S. Department of Justice
Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5330.10


CHANGE NOTICE NUMBER: CN-03
DATE: October 9, 1997

1. PURPOSE AND SCOPE. To transmit chapter changes to PS


5330.10, Drug Abuse Programs Manual, Inmate.

2. SUMMARY OF CHANGES. This Change Notice modifies rules


language related to the instant offense and provisional 3621(e)
criteria, and clarifies language regarding prior offenses.
Attachments J and K were revised to include language that follows
the new Program Statement on Categorization of Offenses.

Attachment N was developed to include a standardized format to


obtain instant offense determinations from unit teams. Also, DAP
staff must submit relevant documentation to legal staff when
there is uncertainty over whether a prior offense would preclude
an inmate from receiving a sentence reduction.

Other minor clarifications and corrections to this policy were


included.

3. DIRECTIVE REFERENCED

PS 5162.04 Categorization of Offenses (10/09/97)

4. TABLE OF CHANGES

Remove Insert

Table of Contents Table of Contents


Chapter 5, Pages 5 and 6 Chapter 5, Pages 5 - 6A
Chapter 6 Chapter 6
Chapter 7, Pages 3 and 4 Chapter 7, Pages 3 and 4
Chapter 9, Pages 5 and 6 Chapter 9, Pages 5 and 6
Chapter 9, Pages 13 and 14 Chapter 9, Pages 13 - 15
Attachments H, J, K, M Attachments H, J, K, M
Attachments N and O
PS 5330.10
CN-03, October 10, 1997
Page 2

5. APPLICABILITY. This section summarizes the effect of this


Change Notice on inmates who have not volunteered for the
residential drug program or who are in a particular stage of drug
treatment programming.

a. Inmates Not on the DAP Waiting List On This Change Notice


Effective Date. All provisions of this Change Notice apply,
including new rules (bolded) language;

b. Inmates on the DAP Waiting List But Not Participating in


RDAP On This Change Notice Effective Date. All provisions of
this Change Notice apply, including new rules (bolded) language;

c. Inmates Participating In or Who Completed the Unit-Based


Portion of the RDAP On This Change Notice Effective Date. The
rules language change that limits the CCRAs power to delay early
release applies to this group of inmates. Other rules changes do
not apply to this group of inmates.

The non-rules text that excludes inmates from receiving early


release for threats of violence against a third party (non-Bureau
staff member) does not apply to this group of inmates.

6. ACTION. File this Change Notice in front of PS 5330.10,


Drug Abuse Programs Manual, Inmate.

\s\
Kathleen M. Hawk
Director
U.S. Department of Justice
Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5330.10


CHANGE NOTICE NUMBER: CN-02
DATE: April 23, 1997

1. PURPOSE AND SCOPE. To transmit chapter changes to PS


5330.10, Drug Abuse Programs Manual, Inmate.

2. SUMMARY OF CHANGES. This Change Notice modifies select


SENTRY DRG assignments to improve monitoring of an inmate's
participation in drug programs.

For streamlining purposes, unit teams are no longer required to


complete a hard copy of the Drug Use Review/Referral (DUR/RF)
form. Unit team staff enter information regarding an inmate's
requirement to complete drug abuse education directly in SENTRY.
Additional clarification on when an inmate is eligible for early
release to a detainer is provided.

Also, satellite camps as well as independent camps may create


local procedures to refer inmates to drug education/treatment
programming, per a recent Executive Staff decision.

Finally, new instructions to handle testing of inmates in drug


programs are provided.

3. TABLE OF CHANGES

Remove Insert

Table of Contents Table of Contents


Program Statement, Page 3 Program Statement, Page 3
Chapter 2, Pages 1 - 3 Chapter 2, Pages 1 - 3
Chapter 6, Pages 3 and 4 Chapter 6, Pages 3 and 4
Chapter 6, Pages 7 and 8 Chapter 6, Pages 7 and 8
Chapter 9 Chapter 9
Attachment A Attachment A
Attachment M
PS 5330.10
(CN-02), April 23, 1997
Page 2

4. ACTION. File this Change Notice in front of PS 5330.10, Drug


Abuse Programs Manual, Inmate.

/s/
Kathleen M. Hawk
Director
U.S. Department of Justice
Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5330.10


CHANGE NOTICE NUMBER: CN-01
DATE: May 17, 1996

1. PURPOSE AND SCOPE. To transmit chapter changes to P.S.


5330.10, Drug Abuse Programs Manual, Inmate.

2. SUMMARY OF CHANGES. This Change Notice clarifies the


definition of residential drug abuse programs in the Federal
Bureau of Prisons and modifies the eligibility criteria for early
release when an inmate completes a residential drug abuse
treatment program. Specifically, inmates are required to
complete the community-transition component of the residential
drug abuse treatment program to be considered for a reduction in
their sentence under 18 U.S.C. 3621(e).

Attachments B-3, C, H and I have been modified, and Attachments J


and K have been added to ensure that inmates considered for early
release meet the statutory and regulatory criteria before
transfer to a CCC or detainer.

3. TABLE OF CHANGES

Remove Insert

Table of Contents Table of Contents


Chapters 5 and 6 Chapters 5 and 6 (CN-01)
Attachments B-3, C, H Attachments B-3, C, H, I, J,
and I K, and L (CN-01)

4. ACTION. File this Change Notice in front of P.S. 5330.10,


Drug Abuse Programs Manual, Inmate.

\s\
Kathleen M. Hawk
Director
U.S. Department of Justice
Federal Bureau of Prisons

OPI: CPD
NUMBER: 5330.10
DATE: May 25, 1995
SUBJECT: Drug Abuse Programs Manual,
Inmate

EFFECTIVE DATE: June 26, 1995

1. [PURPOSE AND SCOPE 550.50. The Bureau of Prisons provides,


subject to the availability of appropriated funds, drug abuse
treatment programs to inmates.] The purpose of this Manual is to
establish operational policy and procedural guidelines for the
delivery of drug abuse treatment services and to describe the
general philosophy of treatment guiding all Bureau drug abuse
programs. Further, this Manual establishes implementation
guidelines for the Violent Crime Control and Law Enforcement Act
of 1994, specifically, amendments to 18 U.S.C. 3621,
Subtitle T, Substance Abuse Treatment in Federal Prisons.

2. PROGRAM OBJECTIVES. The expected results of this program


are:

a. Inmates who need and want drug abuse treatment will be able
to participate in one or more programs designed to assist them.

b. Inmates who meet certain criteria will be required to


participate in drug abuse treatment programs.

c. Eligible inmates who successfully complete the Bureau's


residential drug abuse treatment program may earn up to a one
year reduction from their statutory release date.

d. Inmates who violate program rules and expectations may be


removed from a program and lose their eligibility for early
release.

e. Inmates who participate in residential drug abuse programs


will continue their drug abuse treatment when transferred to a
Community Corrections Center.

f. Progress records on drug abuse treatment participants will


be properly maintained.

[Bracketed Bold - Rules]


Regular Type - Implementing Information
P.S. 5330.10
May 25, 1995
Page 2

3. DIRECTIVES AFFECTED

a. Directive Rescinded

P.S. 5330.09 Drug Abuse Programs, Inmate (10/31/94)

b. Directives Referenced

P.S. 1070.03 Research (03/23/94)


P.S. 1210.14 Management Control and Program Review
(10/06/94)
P.S. 1330.11 Administrative Remedy Procedure for Inmates
(10/29/93)
P.S. 1351.02 Privacy Act of 1974 (09/25/75)
P.S. 5070.08 Responses to Judicial Recommendations and
U.S. Attorney Reports (11/15/93)
P.S. 5100.05 Security Designation and Custody
Classification Manual (06/16/94)
P.S. 5290.07 Intake Screening (07/20/92)
P.S. 5290.08 Admission and Orientation Program (04/20/93)
P.S. 5310.12 Psychology Services Manual (08/30/93)
P.S. 5321.05 Unit Management Manual (10/19/93)
P.S. 5325.04 Pre-Release Program (07/13/94)
P.S. 5380.02 Financial Responsibility Program, Inmate
(05/15/91)
P.S. 5800.09 Central File, Privacy Folder, and Parole
Mini-Files (07/21/93)
P.S. 6060.05 Urine Surveillance to Detect and Deter
Illegal Drug Use (11/18/91)
P.S. 7300.08 Community Corrections Manual (04/01/91)
P.S. 7310.02 Community Corrections Center (CCC)
Utilization and Transfer Procedure (10/19/93)
P.S. 7430.01 Community Transitional Drug Treatment
Services, Inmate (01/20/95)
c. Rules cited in this Program Statement are contained in 28
CFR Parts 542, 545, 550.

4. STANDARDS REFERENCED

a. American Correctional Association Foundation/Core Standards


for Adult Correctional Institutions: C2-5154, C2-4248

b. American Correctional Association 3rd Edition Standards for


Adult Correctional Institutions: 3-4371, 3-4388

c. American Correctional Association Foundation/Core Standards


for Adult Local Detention Facilities: C2-5258

d. American Correctional Association 3rd Edition Standards for


Adult Local Detention Facilities: 3-ALDF-4E-40, 4E-41, 4F-05
PS 5330.10
(CN-02), April 23, 1997
Page 3

5. RESPONSIBILITIES. The Warden shall implement in all Bureau


of Prisons institutions the requirements contained in this
Manual. Implementation of this Manual is intended to create a
uniform and effective drug abuse program system throughout the
Bureau of Prisons.

* With the exception of inmates who volunteer for drug education or


non-residential drug counseling (see Chapters 3 and 4), the
requirements in this Manual do not apply to pre-trial inmates. *

/s/
Kathleen M. Hawk
Director
PS 5330.10
CN-02 April 23, 1997
Page i

TABLE OF CONTENTS

CHAPTER 1 Administration and Management

1.1 The Bureau's Commitment . . . . . . . . . . . . . . . 1-1


1.2 Program Philosophy and Model of Service Delivery . . . 1-1
1.3 Organizational Structure of Central and
Regional Office . . . . . . . . . . . . . . . . . . 1-2
1.4 Institutional Organization/Staff
Roles & Responsibilities . . . . . . . . . . . . . 1-3
1.5 Funding for Drug Abuse Treatment Programs . . . . . . 1-5

CHAPTER 2 Orientation, Screening and Referral

2.1 Admission and Orientation Program . . . . . . . . . . 2-1


2.2 Screening and Referral. . . . . . . . . . . . . . . . 2-1
2.3 Referral and Redesignation . . . . . . . . . . . . . . 2-2

CHAPTER 3 Drug Abuse Education Course

3.1 Overview . . . . . . . . . . . . . . . . . . . . . . . 3-1


3.2 Requirements for Drug Abuse Education Course . . . . . 3-1
Mandatory Participation . . . . . . . . . . . . . . 3-1
Voluntary Participation . . . . . . . . . . . . . . 3-1
Sanctions . . . . . . . . . . . . . . . . . . . . . 3-1
Exemptions . . . . . . . . . . . . . . . . . . . . 3-2
Written Consent . . . . . . . . . . . . . . . . . . 3-2
Completion . . . . . . . . . . . . . . . . . . . . 3-2
3.3 Structure of the Course . . . . . . . . . . . . . . . 3-2

CHAPTER 4 Non-Residential Drug Abuse Treatment Program

4.1 Non-Residential Drug Abuse Treatment Program . . . . . 4-1


4.2 Program Requirements and Procedures
Eligibility . . . . . . . . . . . . . . . . . . . . 4-2
Application/Referral/Placement . . . . . . . . . . 4-2
Withdrawal/Expulsion . . . . . . . . . . . . . . . 4-2
Treatment Plans and Progress Reviews . . . . . . . 4-2
Institution Transitional Services . . . . . . . . . 4-2
4.3 Self-Help Programs . . . . . . . . . . . . . . . . . . 4-3

CHAPTER 5 Residential Drug Abuse Treatment Program

5.1 Institution Residential Drug Abuse


Treatment Program . . . . . . . . . . . . . . . . . 5-1
5.2 Program Structure . . . . . . . . . . . . . . . . . . 5-1
5.3 Program Elements . . . . . . . . . . . . . . . . . . . 5-2
5.4 Program Procedures . . . . . . . . . . . . . . . . . . 5-3
Eligibility . . . . . . . . . . . . . . . . . . . . 5-3
* Application/Referral/Placement . . . . . . . . 5-4*
PS 5330.10
CN-03 October 10, 1997
Page ii

Completion . . . . . . . . . . . . . . . . . . . . 5-5
Withdrawal/Expulsion . . . . . . . . . . . . . . . 5-6
Treatment Documentation . . . . . . . . . . . . . . 5-7
Certificates . . . . . . . . . . . . . . . . . . . 5-8
Urine Surveillance . . . . . . . . . . . . . . . . 5-8
5.5 Incentives for Residential Drug Abuse Treatment
Program Participation . . . . . . . . . . . . . . . 5-9
5.6 Residential Drug Abuse Treatment For Mariel Cubans . 5-11

CHAPTER 6 Early Release Qualifications

6.1 Consideration for Early Release . . . . . . . . . . . 6-1


6.2 Application . . . . . . . . . . . . . . . . . . . . . 6-6
6.3 Attachment J- Provisional 3621(e) Eligibility . . . . 6-7
6.4 Length of Reduction . . . . . . . . . . . . . . . . . 6-9
6.5 Loss of Early Release Eligibility . . . . . . . . . . 6-9
* 6.6 Final Review of Eligibility . . . . . . . . . . . . 6-11
6.7 Monitoring Early Release in Community Based Programs 6-12*

CHAPTER 7 Transitional Drug Treatment Services

7.1 Transitional Drug Treatment Services . . . . . . . . . 7-1


7.2 Transition to General Population . . . . . . . . . . . 7-1
7.3 Transition to a Community Corrections Center . . . . . 7-2
7.4 Transition to Supervised Release/Parole . . . . . . . 7-3

CHAPTER 8 Inmate Appeals

8.1 Inmate Appeals . . . . . . . . . . . . . . . . . . . . 8-1


8.2 Emergency Inmate Appeals . . . . . . . . . . . . . . . 8-1

* CHAPTER 9 Program Documentation

9.1 Overview . . . . . . . . . . . . . . . . . . . . . . . 9-1


9.2 Classification of DRG Assignments . . . . . . . . . . 9-1
9.3 SENTRY DRG Assignments . . . . . . . . . . . . . . . . 9-3
9.4 Initial Screening . . . . . . . . . . . . . . . . . . 9-3
9.5 Assignments for Non-residential Drug Abuse Counseling 9-6
9.6 Assignments for Review of Early Release Eligibility . 9-6
9.7 Assignments for Residential Drug Treatment . . . . . . 9-7
9.8 Assignments for Non-Residential Transitional Services 9-8
9.9 Assignments for ICC Treatment . . . . . . . . . . . . 9-9
9.10 Assignments for Community Transitional Services . . 9-11
9.11 Comprehensive Removal of SENTRY Assignments . . . . 9-12
9.12 Other Documentation Requirements . . . . . . . . . . 9-12*
PS 5330.10
CN-03 October 09, 1997
Page iii

Attachments
Drug Use Review/Referral Form
(BP-S551.053) . . . . . . . . . . . . . . . Attachment A

Agreement to Participate in BOP Drug Education Course


(BP-S550.053) . . . . . . . . . . . . . . Attachment B-1

Agreement to Participate in BOP Non-Residential Drug Abuse


Treatment Services . . . . . . . . . . . Attachment B-2

Agreement to Participate in BOP Residential Drug Abuse


Treatment Programming . . . . . . . . . . Attachment B-3

Agreement to Participate in BOP Transition


Programming . . . . . . . . . . . . . . . Attachment B-4
Change in Drug Abuse Program Status Memorandum . Attachment C

Treatment Summary and Referral Form


(BP-S549.053) . . . . . . . . . . . . . . . Attachment D

Request for Aftercare Stipulation . . . . . . . Attachment E

Waiver of Hearing to Modify Court Order


(BP-S544.053) . . . . . . . . . . . . . . . Attachment F

Authorization to Release Confidential Information


(BP-S202.053) . . . . . . . . . . . . . . . Attachment G

* Notification of Provisional Determination for 18 U.S.C.


3621(E) Sentence Reduction . . Attachment H*

Letter for the United States Parole


Commission . . . . . . . . . . . . . . . . Attachment I

* Notice of Residential Drug Abuse Program


Qualification and Provisional
3621(e) Eligibility . . . . . . . . . . . . Attachment J

Final Review of Inmates Provisional


3621(e) Early Release . . . . . . . . . Attachment K*

Retroactivity of Early Release . . . . . . . . . Attachment L

* Listing of DRG Assignments . . . . . . . . . . . Attachment M

Notification of Instant Offense Determination . Attachment N

Request to Delay Early Release Date . . . . . Attachment O*


P.S. 5330.10
May 25, 1995
Chapter 1, Page 1
CHAPTER 1

ADMINISTRATION AND MANAGEMENT

1.1 The Bureau's Commitment. The Bureau of Prisons is committed


to providing quality, empirically based drug abuse treatment
services to all inmates with a documented need and/or interest in
such programs. Upon commitment, all inmates are screened for
substance abuse problems and are informed of drug abuse treatment
services available to them while incarcerated and upon release.

1.2 Program Philosophy and Model of Service Delivery. The


philosophy underlying all Bureau of Prisons' drug abuse programs
is that individuals must assume personal responsibility for their
behavior. Despite the influence of environmental conditions and
circumstances, the primary target for change is the individual's
conscious decision to engage in drug-taking and criminal behavior.
The principal goal of treatment is to equip the individual with
the cognitive, emotional and behavioral skills necessary to choose
and maintain a drug-free and crime-free lifestyle.

A biopsychosocial model of treatment guides interventions in all


Bureau drug abuse programs. This holistic approach emphasizes
comprehensive lifestyle change as the key to treatment success.
Issues such as physical well-being, family relationships and
criminality are targeted for change in addition to traditional
treatment goals of relapse prevention and abstinence. The
acquisition of positive life skills is viewed as the means through
which participants can change the negative thinking and behavior
patterns which led to their drug use and criminality in the past.
Through individual and/or group counseling, participants can gain
awareness of the negative consequences of their previous
thinking/behavior patterns and can learn and develop alternative
skills.
The Bureau employs a five-component treatment strategy which
includes:

Orientation, Screening and Referral;

Drug Abuse Education;

Non-residential Drug Abuse Treatment Services;

Residential Drug Abuse Treatment; and

Transitional Services.

Descriptions of the various program components and relevant


procedures are detailed in subsequent chapters.
P.S. 5330.10
May 25, 1995
Chapter 1, Page 2

1.3 Organizational Structure of Central and Regional Office

a. Central Office Drug Abuse Treatment Program Coordinator.


Psychology Services is responsible for providing drug abuse
treatment services in the Bureau of Prisons. Thus, the National
Drug Abuse Treatment Program Coordinator reports directly to the
Chief, Psychology Services, Central Office. The National
Coordinator is responsible for the overall administration,
development, management, and monitoring of drug abuse programs for
the Bureau of Prisons.

b. Central Office Transitional Services Coordinator. The


Transitional Services Coordinator for Drug Programs is located in
Central Office, within the Community Corrections and Detention
Division. This position is responsible for the overall design,
implementation, quality control, and programming related to the
transition of the appropriate inmate to the community. The
position entails coordinating efforts among Central Office Drug
Program staff, institutional personnel, community corrections
personnel, the U.S. Parole Commission, the Administrative Office
of the U.S. Courts, as well as individual Probation Districts.
This position shall ensure the establishment and effective
operation of a comprehensive transition/aftercare program.

c. Regional Coordinators. Regional Coordinators, under the


supervision of the Regional Psychology Services Administrators,
are responsible for oversight and coordination of institutional
drug abuse programming in their respective regions. The Regional
Coordinator will be located within an institution approved by the
Regional Director, preferably an institution with an operating
residential drug abuse treatment program. Except in emergency
situations or unusual circumstances, the Regional Coordinator is
not to be used to provide routine psychological services at the
institution where the position is located. The Regional
Coordinator:
(1) Must be knowledgeable concerning events and operations
in all areas at each institution in the region. He/she should be
able to accurately describe each program to the Regional Director,
Deputy Regional Director, and/or Regional Psychology Administrator
at any time. He/she should be able to assess the strengths and
weaknesses of the program and its staff prior to a program review.

(2) Shall build a strong partnership among Central Office,


region, and institution staff. He/she shall assist the staff to
maintain a monitoring process as a basis for sound program review.
The Regional Coordinator shall play a vital role in strategic
planning in drug abuse treatment programs in the region, by
assisting with each program to create plans and the means to
implement and monitor the progress of these plans.
P.S. 5330.10
May 25, 1995
Chapter 1, Page 3

(3) Shall provide technical assistance through regular staff


assistance visits. He/she shall identify the causes of problems
within the area and is to recommend solutions to correct those
problems and advise the Regional Psychology Services Administrator
of identified concerns. The Regional Coordinator must assess
whether institution resources (i.e., staff, budget) are sufficient
for all drug abuse treatment programs. When necessary, he/she
shall recommend additional resources to ensure the successful
operations of the drug abuse treatment programs in the
institution.

(4) Shall identify high risk areas in drug abuse treatment


programs and compile the information for management assessments
and participate in the development of program review guidelines.
The Regional Coordinator shall share responsibility for the
program review ratings process by identifying vital functions and
the management indicators that monitor those functions for their
discipline.

d. Regional Transitional Services Managers. Regional


Transitional Services Managers (TSM) are responsible for the
continuation of treatment for inmates transferring from
institutions to a Community Corrections Center (CCC) and/or Home
Confinement. The Regional TSM shall be located in the Community
Corrections Manager's (CCM) office in each region. The TSMs shall
operate with the Community Corrections Regional Administrator's
support and supervision and are responsible for the oversight and
coordination of community-based drug treatment contracting.
He/she shall also be responsible for liaison activities among the
institutional drug abuse programs, contract treatment providers,
and the U.S. Probation Service.

1.4 [Institutional Organization/Staff Roles and Responsibilities


550.51
a. Drug Abuse Treatment Coordinator. The Warden shall
designate a Drug Abuse Treatment Coordinator for his/her
institution.] The Chief, Psychology Services is responsible for
drug abuse treatment programs within the institution. Thus, the
Drug Abuse Treatment Coordinator shall report directly to the
Chief, Psychology Services. The Drug Abuse Treatment Coordinator
should be a psychologist with experience and training in drug
abuse treatment program models, approaches, and operations. It is
important that the best qualified person, in terms of training and
experience, be selected for this position. He/she shall be
responsible for ensuring compliance with the standards in this
Manual, the clinical and administrative supervision of drug abuse
treatment staff, and the clinical quality of all drug abuse
treatment programs in the institution. Except in cases where the
Chief of Psychology Services is the only Psychology staff person,
the Chief of Psychology should not be designated as the Drug Abuse
Treatment Coordinator.
P.S. 5330.10
May 25, 1995
Chapter 1, Page 4

The Drug Abuse Treatment Coordinator shall be responsible for


the oversight of A & O presentations on drug abuse programs, drug
abuse education, non-residential drug abuse treatment, information
transfer related to community-transition drug treatment
programming, the administrative and clinical supervision of the
drug abuse treatment specialist, and any contract staff hired to
provide drug abuse programming.

In institutions with residential drug abuse treatment units, the


role of the Drug Abuse Treatment Coordinator shall be greatly
expanded given the number of treatment staff who require
administrative and clinical supervision and the heightened level
of programming. In addition to the basic responsibilities noted
above, he/she is to be responsible for the implementation,
maintenance, and continued development of the residential drug
abuse treatment program.
On all residential drug abuse treatment units, the Unit Manager
shall be responsible for supervising Case Managers, Correctional
Counselors, and Unit Secretaries. The need for communication and
coordination between drug treatment and unit management staff is
essential in the residential drug abuse treatment units. Unit
management and drug treatment staff functions, however, are
distinct. Drug abuse treatment staff should be used exclusively
for treatment provision and should not be used to perform routine
unit or case management functions.

[b. Drug Abuse Treatment Specialist. All institutions shall


employ a drug abuse treatment specialist. The drug abuse
treatment specialist is responsible for providing drug abuse
education and non-residential drug abuse treatment services to the
inmate population, under the supervision of the drug abuse
treatment coordinator. In institutions with residential drug
abuse treatment programs, additional drug abuse treatment
specialist staff are employed to provide treatment services on the
residential drug abuse treatment unit.]

The drug abuse treatment specialist shall be a member of the


Psychology Services department. Drug abuse treatment specialists
should have a background that includes experience in drug
treatment counseling activities, preferably with an offender
population. The Selective Factor for drug treatment specialists
must be used when selecting staff for this position. A Master's
or Bachelor's Degree is preferred within a psychology/human
behavioral sciences discipline. A degreed individual without
experience in drug abuse treatment is not a suitable candidate for
the position of a drug abuse treatment specialist. Again, it is
essential that the best qualified staff are selected to fill drug
treatment positions and that such staff are utilized exclusively
for the provision of drug abuse treatment services, specifically
providing the drug abuse education and residential drug abuse
treatment curricula. Except in emergency situations, drug
treatment staff are not be used to perform duties other than
provide drug abuse treatment services.
P.S. 5330.10
May 25, 1995
Chapter 1, Page 5

c. Continuing Education. As technology and knowledge increase,


innovative techniques for treating the drug-dependent offender
population are being developed. Bureau of Prisons' drug abuse
program coordinators and specialists are expected, through ongoing
professional reading and annual continuing education, to become
aware of the latest approaches to therapeutic interventions and
becomes skilled in the use of those techniques which would most
benefit the inmate population.

The Bureau of Prisons through Drug Abuse Programs, in its


Central Office Psychology Branch, when resources permit, sponsors
a continuing education program to assist drug abuse treatment
specialists to obtain or maintain their professional
certification.

The Central Office Drug Abuse Treatment Specialist is designated


as the coordinator of the Drug Abuse Programs Continuing Education
program.

1.5 Funding for Drug Abuse Treatment Programs. The Chief of


Psychology Services is responsible for managing Cost Center F317.
F317 funds cannot be used to offset deficits in other cost
centers. Operational money is to be expended for treatment-
related services and resources only. Expending funds for contract
services is permitted only for services which institution staff
cannot provide and which support Drug Abuse Treatment Programs.
Consultants may be used for training institution staff when Bureau
training resources are not available.
PS 5330.10
(CN-02) April 23, 1997
Chapter 2, Page 1
CHAPTER 2

ORIENTATION, SCREENING AND REFERRAL

2.1 [Admission and Orientation Program 550.52. Drug abuse


treatment coordinators at all institutions shall ensure that
inmates are informed during the Admission and Orientation program
about local and Bureau-wide drug abuse treatment programming and
treatment opportunities.] This presentation should be made by a
drug abuse treatment specialist, Drug Abuse Treatment Coordinator,
or psychologist. A videotape entitled "Choice and Change", which
describes BOP drug abuse programs, has been distributed to all
institutions and is recommended for use in this presentation.

2.2 [Screening and Referral 550.53. A psychologist or drug


abuse treatment specialist shall interview all new institution
admissions for drug abuse problems. A record review will be
performed by a case manager in the normal course of his/her
duties. Based on these reviews and interviews, drug abuse
treatment staff shall make an appropriate drug education/treatment
referral.] The Drug Abuse Treatment Coordinator shall be
responsible for ensuring that the screening procedures that follow
are in place at all institutions. The screening of each inmate
shall have two operational components:

* a. Unit staff shall determine whether an inmate meets any of


the criteria for the required Drug Abuse Education course and
enter the appropriate DRG I assignment within 30 days of the
inmate's arrival at the institution to which he or she was
designated initially. Unit staff shall also conduct a new review
for inmates returned as failures in a community-based program, and
enter the appropriate DRG I assignment based on this updated
review. In this situation, inmates who receive a new DRG I RQ
assignment upon return to an institution must repeat the drug
abuse education course.

Unit team staff completion of a hard copy of the Drug Use


Review/Referral Form (DURRF) is no longer required. Unit team
staff are now required to review the inmate central file
documentation, apply the criteria described in Attachment A, and
enter one of the four DRG I assignments directly into SENTRY.
Once entered, a DRG I assignment must always be a current SENTRY
DRG assignment while the inmate is in Bureau custody (see section
9.4 for further clarification).

At all satellite and independent camps, the Warden may establish


alternate local procedures to refer appropriate inmates for drug
education/treatment. *

b. Ordinarily, when a screening is required, the interviewing


psychologist shall screen each inmate for substance abuse
problems.
PS 5330.10
(CN-02) April 23, 1997
Chapter 2, Page 2

The Drug Abuse Treatment Coordinator shall ensure that


information from both the Central File review and the Psychology
Screening operations are used to determine programming needs and
recommendations for each inmate. If the recommended program is
available locally, inmates are to be referred accordingly and
will be asked to sign an Agreement to Participate (BP-S550.053) in
that particular program.

2.3 Referral and Redesignation. In order to best manage the


growing number of inmates requesting residential drug abuse
treatment, the first priority shall be to consider the transfer of
inmates within the same region whenever possible. If the region
where the sending institution is located does not have a drug
program at an institution with the appropriate security level to
accommodate an inmate's request for treatment, a management
variable should be considered. Appropriate waivers shall be
obtained for this option. Only after same-region redesignations
have been examined and found to be inadequate, e.g. such as
separatee issues, should a transfer between regions be considered.

The following procedures shall be used to refer and redesignate


inmates to residential drug abuse treatment programs.

2.3.1 Eligibility Determination. Once an inmate requests


residential drug abuse treatment programming, the drug abuse
treatment staff shall determine the inmate's eligibility for the
program. Drug abuse treatment staff shall:

(1) complete the Residential Eligibility Interview;

(2) substantiate the inmate's self-disclosed drug history


with documentation in the central file;

(3) coordinate with unit staff to determine if the inmate's


instant offense qualifies him/her for early release
consideration;

(4) determine the inmate's eligibility for early release


based on previous criminal convictions; and if deemed
eligible; and

(5) ensure the inmate signs the appropriate treatment


agreement.

2.3.2 SENTRY Assignment. Having determined the inmate's


eligibility for a residential drug abuse treatment program, the
drug abuse treatment staff shall enter the appropriate SENTRY
`DRG' assignment, documenting that the inmate is now in "waiting"
status for a residential drug abuse treatment program and whether
the inmate is eligible or ineligible for early release
consideration (see Chapter 9 for specific SENTRY codes).
PS 5330.10
(CN-02) April 23, 1997
Chapter 2, Page 3

2.3.3 Redesignation Priorities. When the inmate's Projected


Release Date (PRD) is within 36 months, the unit team, at the drug
abuse treatment staff's request, shall initiate a request for
redesignation. The institution's Coordinator shall monitor these
inmates through the local `DAP WAIT' list, (by PRD).

2.3.4 Security Level. The Regional Designator shall attempt to


redesignate within his/her region according to security level. If
the region has more than one institution at the same security
level with a residential drug abuse program, he/she shall try to
rotate redesignations to distribute inmates evenly across
programs. In some circumstances, the Regional Designator may
transfer an inmate to an institution that does not match his/her
security level by applying a management variable.

2.3.5 Inter-Regional Transfers. When an inmate is transferred


outside the region, the Regional Designator may contact his/her
Regional Coordinator. When contacted, the Regional Coordinator
shall assist the designator to determine where treatment slots are
available at same-security institutions in other regions. The
"sending" Regional Coordinator may contact the "receiving"
Regional Coordinator who shall assist to determine where an
individual placement should be made.

2.3.6 Monitoring. All Regional and Institution Coordinators


shall monitor incoming transfers via SENTRY:

e.g. SENTRY Code - DST EQ XXX + DRG EQ DAP WAIT,


XXX = institution.

2.3.7 Program Failure Redesignation. If an inmate is


transferred to an institution for residential treatment and then
fails to enter that program, is expelled from that program, or
withdraws from that program, he/she shall be redesignated for
return to the institution from which he/she was received.
P.S. 5330.10
May 25, 1995
Chapter 3, Page 1
CHAPTER 3

DRUG ABUSE EDUCATION COURSE

3.1 Overview. The drug abuse education course is provided at all


institutions through the Psychology Services department. The
purpose of the drug abuse education course is to inform inmates of
the consequences of drug/alcohol abuse and addiction and to
motivate inmates in need to apply for further drug abuse treatment
while incarcerated and upon release.

3.2 [Requirements for Drug Abuse Education Course 550.54

(a) Participation. (1) Mandatory participation. An inmate is


required to participate in the drug abuse education course if
he/she has been sentenced or returned to custody as a violator
after September 30, 1991 and it is determined by unit and/or drug
abuse treatment staff through a combination of interview and file
review that:

(i) There is evidence in the Presentence Investigation that


alcohol or other drug use contributed to the commission
of the instant offense;

(ii) Alcohol or other drug use was a reason for


violation either of supervised release, including
parole, or BOP community status (CCC placement) for
which the inmate is now incarcerated; or

(iii) The inmate was recommended for drug programming during


incarceration by the sentencing judge.

(2) Voluntary participation. Inmates who are not required


by paragraph (a)(1) of this section to participate in the drug
abuse education course may request to participate voluntarily in
the drug abuse education course when participant space is
available. Volunteers must have the approval of the drug abuse
treatment coordinator. Priority consideration shall be given to
those inmates whose participation has been recommended by unit or
treatment staff.

(b) Sanctions. An inmate who is required by paragraph (a)(1)


of this section to participate in the drug abuse education course
and who refuses participation, withdraws, is expelled, or
otherwise fails to meet attendance and examination requirements
shall be held at the lowest pay grade (Grade 4) within the
institution and shall be ineligible for community programs.] The
Drug Abuse Treatment Coordinator shall prepare a "non-promotable"
list monthly to provide appropriate department heads, detail
supervisors, and payroll coordinators a list of inmates restricted
to pay grade 4. A copy of the Change in Drug Abuse Treatment
Program Status Memorandum (Attachment C) shall be forwarded to
appropriate personnel when there is a change in the inmate's drug
abuse education participation status.
P.S. 5330.10
May 25, 1995
Chapter 3, Page 2
[Inmates may be permitted to receive work promotions during their
participation or while on a "waiting list" for the drug abuse
education course. The Warden may make exceptions to the
provisions of this paragraph for good cause with reasons for such
exceptions documented in writing.

(c) Exemptions. An inmate may be exempted from the required


drug abuse education course due to cognitive impairment or other
learning disabilities only after evaluation and recommendation by
a psychologist. An inmate may also be exempted from the drug
abuse education course if that inmate does not have enough time
remaining to serve to complete the drug abuse education course, or
if that inmate volunteers for, enters and completes a residential
drug abuse treatment program, or if he/she completes a structured
drug abuse treatment program at one of the Bureau of Prisons'
Intensive Confinement Centers (ICC).]

[(d) Written consent. All inmates who enter the drug abuse
education course (whether as mandatory or as voluntary
participants) are required to sign an agreement to participate
prior to admission to the course.] (Agreement to Participate in
the Bureau Of Prisons, BP-S550.053 (Attachment B)).

[(e) Completion. Completion of the drug abuse education course


requires attendance and participation during course sessions and a
passing grade of 70 percent on an examination given at the end of
the course. Inmates required to participate in this course
ordinarily are provided at least three chances to pass the final
examination before privileges are lost or sanctions (see paragraph
(b) of this section) are invoked. A certificate of achievement
will be awarded to all who successfully complete the program. A
copy of this certificate will be forwarded to the unit team for
placement in the inmate's central file.]

3.3 Structure of the Course Staff shall employ the "Choice and
Change" curriculum, also known as the Drug Abuse Education Manual,
to conduct the course. Ordinarily, the institution's drug abuse
treatment specialist, under the Drug Abuse Treatment Coordinator's
direct supervision, shall be responsible for conducting the
course.

Since one objective of the drug abuse education course is to


motivate inmates in need to participate in further treatment,
those with the least amount of time remaining should receive
priority placement, allowing sufficient time for them to volunteer
for and enter residential drug treatment. Whenever possible, the
Drug Abuse Education group size should not exceed 24 individuals.
P.S. 5330.10
May 25, 1995
Chapter 4, Page 1
CHAPTER 4

NON-RESIDENTIAL DRUG ABUSE TREATMENT SERVICES

4.1 [Non-residential drug abuse treatment program 550.55. Non-


residential drug abuse treatment is provided at all institutions
and ordinarily consists of individual and/or group counseling and
self-help programming provided through the institution's
Psychology Services department.] Non-residential drug abuse
treatment services shall be available to inmates with substance
abuse problems in all institutions.

Non-residential drug abuse treatment services assists inmates in


two ways. First, non-residential drug abuse treatment offers
substance abuse treatment services to inmates with alcohol or drug
problems who are not eligible or not interested in participating
in residential drug abuse treatment program.

Second non-residential drug abuse treatment is the forum for


institutional transitional services. This treatment regimen is
provided to inmates who have returned to general population after
completing a residential drug abuse treatment program (see
Chapters 5 and 7).

4.2 Program Requirements and Procedures. The Drug Abuse


Treatment Coordinator shall be responsible for implementing and
administering non-residential drug abuse treatment services at
each institution. Non-residential drug abuse services shall
include a minimum of one hour of individual or group contacts each
month as indicated by a treatment plan. Group program activities
may be conducted in a variety of formats. For example, periodic
seminars or workshops, audio/video learning, or marathon sessions
may be used as the format for non-residential drug abuse
treatment.
The clinical focus of non-residential drug abuse treatment must be
alcohol and drug related. Topics may be taken from the Drug Abuse
Treatment Handbook. Common topics include:

interpersonal skill building;

errors in thinking;

post release survival; and

anger management.

While these topics may also be appropriate for inmates in general


population, the focus must be on the topics' relationship to
alcohol and drug abuse and methods used to overcome drug-using
patterns when offered as a part of the non-residential drug abuse
program.
P.S. 5330.10
May 25, 1995
Chapter 4, Page 2

Ordinarily, Psychology Services staff shall conduct non-


residential drug abuse services, most often by the institution's
drug abuse treatment specialist. Psychology contract personnel,
unit staff, and/or volunteers may also provide these services, but
only under the direct supervision of the drug abuse program
coordinator or other psychologists. The Coordinator shall enter
the appropriate non-residential program assignment in SENTRY.

[(a) Eligibility. An inmate must meet all of the following


criteria to be eligible for the non-residential drug abuse
treatment program.

(1) The inmate must have a verifiable documented drug abuse


problem.

(2) The inmate must have no serious mental impairment which


would substantially interfere with or preclude full participation
in the program.

(3) The inmate must sign an agreement acknowledging his/her


program responsibility.] (BP-S550.053 (Attachment B)).

(b) Application/Referral/Placement. Participation in the non-


residential drug abuse treatment program is voluntary. An inmate
may be referred for treatment by unit and/or drug treatment staff
or may apply for these programs by submitting a request to a staff
member (ordinarily, a member of the inmate's unit team or the drug
abuse treatment coordinator). The decision on placement is made
by the drug abuse treatment coordinator.

(c) Withdrawal/expulsion. An inmate may withdraw voluntarily


from the program. The drug abuse treatment coordinator may remove
an inmate from the program based upon disruptive or negative
behavior.]

4.2.1 Treatment Plans and Progress Reviews. Individual


treatment plans shall be maintained on all inmates participating
in the non-residential treatment services. All individual
contacts are to be documented after every session. Treatment plans
and notes must be reviewed every 90 days. Termination reports
shall be completed at the close of each inmate's treatment
participation.

4.2.2 Institution Transitional Services. The Drug Abuse


Treatment Coordinator is responsible for ensuring that all
residential program graduates are offered treatment within the
institution to maintain treatment gains upon release to the
community. See Chapter 7, Transitional Services, for specific
procedures.
P.S. 5330.10
May 25, 1995
Chapter 4, Page 3

4.3 Self-help Programs. Self-help programs such as Alcoholics


Anonymous (AA), Narcotics Anonymous (NA), and Rational Recovery
(RR) may be offered as part of an institution's drug abuse
programming efforts. They are most often associated with non-
residential treatment. While such programs are often powerful and
important interventions in an individual's recovery from drug
abuse and dependence, they do not constitute non-residential drug
abuse treatment by themselves. Thus, participation in self-help
groups alone does not require a signed agreement. However, if
participation in a self-help group is recommended in addition to
the inmate's residential or non-residential treatment regimen,
then treatment staff shall incorporate this in the inmate's
treatment plan.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 1
CHAPTER 5

RESIDENTIAL DRUG ABUSE TREATMENT PROGRAMS

5.1 [Institution residential drug abuse treatment program


550.56. Residential drug abuse treatment is available at
selected Bureau of Prisons institutions. It is a course of
individual and group activities provided by a team of drug abuse
treatment specialists and the drug abuse treatment coordinator in
a treatment unit set apart from the general prison population,
lasting a minimum of 500 hours over a six to twelve-month period.
Inmates enrolled in a residential drug abuse treatment program
shall be required to complete subsequent transitional services
programming in a community-based program and/or in a Bureau
institution.]

* All participants must adhere to program rules, behave in a manner


consistent with the program philosophy, and comply with Bureau of
Prisons rules and regulations. *

5.2 Program Structure

* 5.2.1 Program Components. The entire residential drug abuse


treatment program in the Bureau consists of three components.
Successful completion of the residential drug abuse program occurs
when the inmate has successfully completed each of these three
components:

# the unit-based residential program lasting between six-to-


12 months (minimum 500 hours);

# the institution transition phase, which requires


participation for a minimum of one hour a month over a period of
12 months after successfully completing the unit-based program
(however, if an inmate is scheduled for a transfer to a community-
based program before he or she can begin or complete the
institution transitional services component, this component is not
required); and

# the community transitional services, lasting up to six


months when the inmate is transferred to a community corrections
center or to home confinement. *

5.2.2 Duration and Staffing. Ordinarily, inmates can complete


* a residential treatment program in six-to-12 months through half-
time participation in programming and half-time assignment to an
institution work detail. All residential program participants
must be housed in a separate drug treatment unit for a minimum of
six months (defined as 180 days) and receive a minimum of 500
hours of drug abuse treatment. When limited time remaining on *
a sentence precludes participation in a six-to-12 month program,
the inmate shall be referred for non-residential drug abuse
treatment services.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 2

To provide the full course of treatment to all participants, it


is essential that a treatment staff to inmate ratio of 1:24 is
maintained at all times. Treatment staff is defined as the drug
abuse treatment program coordinator and the Drug Abuse Treatment
Specialists assigned to the unit.

5.2.3 Locations. Residential Drug Abuse Treatment programs are


located at the following institutions:

Mid-Atlantic Region North Central Region


FPC-Alderson, WV FCI-Englewood, CO
FCI-Butner, NC USP-Leavenworth, KS
FMC-Lexington, KY FCI-Oxford, WI
* FCI-Milan, MI FMC-Rochester, MN
FCI-Morgantown, WV FPC-Yankton, SD
FPC Cumberland, MD FCI-Florence, CO
Northeast Region Southeast Region
FPC-Allenwood, PA USP-Atlanta, GA
FCI-Danbury, CT FCI-Coleman-Low, FL
FCI-Fairton, NJ FCI-Marianna, FL
FCI-Fort Dix, NJ FPC-Talladega, AL
FCI-McKean, PA FCI-Tallahassee, FL

South Central Region Western Region


FCI-Bastrop, TX FPC-Dublin, CA
FPC-Bryan, TX FCI-Dublin, CA
FCI-El Reno, OK FCI-Lompoc, CA
FCI-La Tuna, TX USP-Lompoc, CA
FCI-Seagoville, TX FCI-Phoenix, AZ
FPC-Texarkana, TX FCI-Sheridan, OR
FCI-Three Rivers, TX FPC-Sheridan, OR *
FMC-Fort Worth, TX FCI-Terminal Island, CA

Programs activated in Fiscal Year 1996.


5.2.4 Program Proposals. Wardens who wish to develop a
residential drug abuse treatment program, or move an existing
residential program, must submit a written proposal through the
Regional Director to the Assistant Director, Correctional Programs
Division, Central Office.

5.3 Program Elements. The following are considered to be the


minimum requirements for all Residential Drug Abuse Treatment
programs in the Bureau of Prisons:

* 5.3.1 Unit-based Housing. All residential drug abuse treatment


program participants must reside together in the same unit. This
is critical to building a sense of community and cohesiveness
among participants and staff and promotes conformity and
compliance with program rules and philosophy. The social and
physical environment of all residential treatment units should
reinforce program goals and objectives at all times.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 3

All inmates living on the unit must be:

# participating in the program,


# waiting to begin participating in the program, or
# waiting to transfer out of the unit for reasons of
completion, expulsion, or withdrawal.

When space is available, inmates who have completed the unit-


based component of the program may remain on the unit while in
institutional transitional services. *

5.3.2 Treatment Phases. The Residential Treatment Program


Handbook, (Volumes 1-5), specifies the required phases of
treatment, the content of treatment modules, and required
treatment services for at least 450 of the 500 required hours of
programming. The treatment regimen outlined in the Handbook is
based on current research and practice in drug abuse treatment
and is consistent with the Bureau's philosophy of treatment
discussed above. Optional programming offered should be
consistent with and supportive of the goals, objectives, and
substantive content of the Handbook.

* 5.3.3 Assessment. All inmates applying for admission to


residential treatment after October 31, 1994 must be interviewed
using the Residential Drug Abuse Program Eligibility Interview
prior to program acceptance. Drug abuse treatment staff at
residential programs will also use the Residential Drug Abuse
Treatment Planning Interview as the foundation for treatment
planning prior to the inmate's completion of the Orientation Phase
of treatment (see 5.3.4 below). *

5.3.4 Treatment Plans. A treatment plan must be completed on


each inmate participant prior to completion of the Orientation
Phase of treatment.
5.3.5 Incentive Program. All residential treatment programs
must offer an incentive program to enhance inmate participation in
treatment (see Section 5.5 below for further discussion).

5.4 Program Procedures.

5.4.1 [a. Eligibility. An inmate must meet all the following


criteria to be eligible for the residential drug abuse treatment
program.

(1) The inmate must have a verifiable documented drug abuse


problem.] Drug abuse program staff shall determine if the inmate
has a substance abuse disorder by first conducting the
* Residential Drug Abuse Program Eligibility Interview followed by a
review of all pertinent documents in the inmate's central file to
corroborate self-reported information. The inmate must meet the
diagnostic criteria for substance abuse or dependence
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 4

indicated in the Diagnostic and Statistical Manual of the Mental


Disorders, Fourth Edition, (DSM - IV). This diagnostic impression
must be reviewed and signed by a drug abuse treatment program
coordinator.

Additionally, there must be verification in the Presentence


Investigation (PSI) report or other similar documents in the
central file which supports the diagnosis. Any written
documentation in the inmate's central file which indicates that
the inmate used the same substance, for which a diagnosis of abuse
or dependence was made via the interview, shall be accepted as
verification of a drug abuse problem. *

When a positive urinalysis in the institution is the only


documentation of substance use, the inmate shall be referred to
drug education or non-residential treatment. While in drug
education and/or non-residential drug abuse treatment services,
the inmate shall be further observed and examined regarding
* his/her substance use problem. If counseling indicates the need
for more intensive treatment, the inmate may subsequently be
referred to a residential drug program. *
[(2) The inmate must have no serious mental impairment which
would substantially interfere with or preclude full participation
in the program.

(3) The inmate must sign an agreement acknowledging his/her


program responsibility.] (BP-S550.053 (Attachment B)).

[(4) Ordinarily, the inmate must be within thirty-six


* months of release.] Inmates are selected for admission to
residential programs based upon the time remaining on their
sentence. Most inmates will complete residential drug abuse
treatment, participate in institution transitional services (if
time allows), and then transfer to a CCC. When a residential *
treatment program is not appropriate due to time constraints,
staff may refer the inmate for the institution's non-residential
drug treatment (see Chapter 4).
[(5) The security level of the residential program
* institution must be appropriate for the inmate.] When it is
necessary to transfer an inmate to a residential treatment program
at another facility, and the security level of that institution is
not consistent with the inmate's assigned security level, the drug
abuse treatment program coordinator shall ask the unit team to
submit a request for redesignation and application of a management
variable for program participation to the appropriate Regional
Designator. If the request is approved, the Regional Designator
shall enter the appropriate management variable into SENTRY. When
an inmate completes, fails, withdraws, or is expelled from the
residential program, the drug abuse treatment program coordinator
shall notify the unit team so
PS 5330.10
CN-01 May 17, 1996
Chapter 5, Page 5

that appropriate action can be taken regarding movement or


transfer of the inmate (see Chapter 2, Section 2.3). *

5.4.2 [b Application/Referral/Placement. Participation in the


residential drug abuse treatment program is voluntary. An inmate
may be referred for treatment by unit or drug treatment staff or
apply for the program by submitting a request to a staff member
(ordinarily, a member of the inmate's unit team or the drug abuse
treatment coordinator). The decision on placement is made by the
drug abuse treatment coordinator.]

If an inmate is applying or being referred to a residential drug


abuse treatment program at another institution, see Chapter 2,
Section 2.3 for specific procedures.

5.4.3 [c Completion. Completion of the residential drug abuse


treatment program requires attendance and participation in
scheduled individual and group activities and a passing grade on
examinations covering each separate subject module of the program.
An inmate who fails an examination on any subject module
ordinarily shall be allowed to retest one time. A certificate of
achievement will be awarded to all who successfully complete the
program. A copy of this certificate will be forwarded to the unit
team for placement in the inmate's central file.]

* Module Testing Requirements. Testing will be conducted after


the completion of each module of the Drug Abuse Program Handbook.
A passing grade of 70 percent is required for each test before an
inmate may be considered a successful program completion. Inmates
who do not pass the test shall be required to repeat the module
they fail prior to residential program graduation.

Modules may be repeated using a variety of methods,


including, but not limited to:
self-study;
tutoring by DAP staff or a graduate-mentor; or
requiring the inmate to join a new cohort.

After the drug abuse treatment coordinator is satisfied the


inmate has had sufficient opportunity to repeat the module, the
inmate may take the module test again. *

5.4.4 [d Withdrawal/Expulsion. (1) An inmate may withdraw


voluntarily from the program.] Withdrawals must be documented on
the Change in Drug Abuse Treatment Program Status Memorandum
(Attachment C) and forwarded to the unit team. If the inmate was
previously determined eligible for early release, Attachment C
* must also be forwarded to the Inmate Systems Manager to remove
PS 5330.10
CN-03 October 09, 1997
Chapter 5, Page 6

the inmate's 3621(e) release date. A copy of Attachment C shall


be provided to the Warden. The drug abuse treatment program
coordinator shall make the appropriate changes to the inmate's
"DRG" program assignment(s). *
[(2) The drug abuse treatment coordinator may remove an
inmate from the program based upon disruptive behavior related to
the program. Ordinarily, staff shall provide the inmate with at
least one warning prior to removal. An inmate may not ordinarily
be removed immediately without warning unless the inmate, pursuant
to an incident report, is found by the DHO to have:

(a) Used or possessed alcohol or drugs;

(b) Been violent or threatened violence against staff or


another inmate; or

(c) Committed a 100 level prohibited act.]

* In limited circumstances, an inmate may be removed from the


program without a formal warning, even when he or she has not been
found guilty of any of the three types of serious misconduct as
identified above. Ordinarily, the following factor must be present
before an inmate can be immediately expelled:

# the inmates behavior is of such magnitude that his


or her continued presence would create an immediate
and ongoing problem for staff and inmates.

Whenever immediate expulsion is necessary without a formal


warning, drug abuse treatment staff shall:

# meet with the inmate to discuss the misbehavior;

# inform the inmate in writing, if he or she is to be


expelled from the program (and the reason for
expulsion); and

# properly document these steps.

In response to other types of disruptive behavior, drug abuse


treatment staff shall:

# meet with the inmate to discuss the inappropriate


behavior;

# develop treatment goals to reduce and eliminate the


inappropriate behavior;
PS 5330.10
CN-03 October 09, 1997
Chapter 5, Page 6A

# warn the inmate of the consequences of failure to


alter his/her behavior; and

# properly document the treatment goal in the


inmate's treatment plan as well as the steps
outlined above, and ensure that both staff and the
inmate sign the treatment plan.

In the event of a second or third incident of disruptive


behavior, the drug abuse treatment coordinator may remove the
inmate from the program or provide another warning using the same
four-step procedure. However, in the event of a fourth incident
of disruptive behavior, the inmate must be removed from the
program.

Only the drug abuse treatment program coordinator or the


Warden shall have the authority to expel an inmate from the unit-
based portion of the residential treatment program. Ordinarily, *
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 7

the drug abuse treatment specialist shall make recommendations for


expulsion and the drug abuse treatment program coordinator shall
make the final decision.

Within two working days after a decision has been made to


expel an inmate, the drug abuse program coordinator shall:

(a) verbally notify the inmate of his/her expulsion status;

(b) notify the inmate and appropriate institution staff in


writing, through Attachment C, Change in Drug Abuse Treatment
Program Status Memorandum;

(c) remove the inmate from the program housing unit, and if
necessary, initiate a transfer of the inmate back to a parent
institution (see Section 3 below); and
(d) update the pertinent SENTRY DRG assignments.

Inmates who withdraw from or are expelled by staff from a


residential drug abuse treatment program may apply for readmission
through a Request to Staff Member. The drug abuse treatment
program coordinator shall make the decision on readmission and
inform the inmate in writing. If readmitted to the same or to a
different residential drug abuse treatment program, the inmate
shall not be given any credit for prior treatment participation. *
[(3) Withdrawal or removal from the residential program may
result in the inmate's being returned to his/her prior institution
(when the inmate had been specifically transferred for the purpose
of program participation).]

5.4.5 Treatment Documentation. The following are required for


all inmates in treatment in a Residential Drug Abuse Treatment
program:
A completed Residential Drug Abuse Program Eligibility
Interview supporting a DSM-IV impression of an alcohol or drug
disorder, (for all inmates entering treatment on or after October
31, 1994).

* An individualized treatment plan shall be entered in PDS.


Treatment plans are to be completed based on the Residential *
Drug Abuse Program Planning Interview prior to completion of the
Orientation Phase of the residential drug abuse treatment program.
Treatment plans must be updated as goals and progress change.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 8

A clinical progress review for each residential


participant should occur every 60 days. This progress review
consists of a meeting of the treatment team during which an
inmate's progress toward treatment goals is discussed and new
goals/activities are established if necessary. An inmate is not
required to be present during the review. The drug abuse
treatment program coordinator shall be responsible for ensuring
that the progress review is documented in PDS. Changes in
treatment goals shall be discussed with the inmate and initialled
by the inmate.

Upon an inmate's completion of the unit-based portion of a


residential program, a Treatment Summary and Referral Form (BP-
S549.053 (Attachment D)) shall be completed within 30 days and
* forwarded to the unit team for placement in the central file. If
the inmate's Community Corrections Center Referral Packet has
already been forwarded to the CCM, the drug abuse treatment
coordinator is responsible for sending the completed Treatment
Summary and Referral Form to the Transitional Services Manager in
the region of the inmate's release not more than two weeks from
the inmate's graduation date.

As inmates enter the final phase of treatment


("Transitional Treatment" phase - see Handbook), treatment staff
are to determine if the inmate has a stipulation to participate in
treatment under his or her period of supervised release. If the
inmate does not have such a condition, drug abuse treatment staff
are to complete a Request for Aftercare Stipulation Memorandum
(Attachment E) and request (but not require) inmates
to sign the accompanying Waiver of Hearing to Modify Court Order
(BP-S544.053 (Attachment F)). If the inmate agrees to a waiver, *
both forms should be forwarded to the appropriate U.S. Probation
Officer, in coordination with the unit team.

5.4.6 Certificates. Certificates of completion shall be awarded


to all inmates who successfully complete the unit-based component
of the Residential Drug Abuse Treatment program. The drug abuse
treatment program coordinator shall be the determining authority
in judging program completion.

5.4.7 Urine Surveillance. Ordinarily, inmates in residential


drug programs shall be subject to the same urine surveillance
frequency as the general population. However, consistent with the
Program Statement on "Urine Surveillance to Detect and Deter
Illegal Drug Use", unit and treatment staff or any institution
staff who suspects alcohol or drug use by an inmate in a
residential program should contact the Urine Surveillance Program
Coordinator in the institution to place that inmate on the suspect
list for an increased schedule of urine surveillance.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 9

5.5 [Incentives for residential drug abuse treatment program


participation 550.57

a. An inmate may receive incentives for his or her satisfactory


involvement in the residential program. These incentives may
include, but are not limited to, the following.

(1) Limited financial awards, based upon the inmate's


achievement/completion of program phases.] These financial awards
may be provided as participants successfully move through the
program. The awards should be based upon achievement rather than
mere attendance. Each residential program should require
participating inmates to meet the following guidelines in order to
receive the standard award:

# The inmate has no unexcused absences from group or


individual program activities;

# The inmate has at least a 95 percent promptness rate for


all scheduled program activities;

# The inmate has received no incident reports for which


he/she was found guilty by the Unit Disciplinary
Committee or Disciplinary Hearing Officer; and

# The inmate has successfully completed all program


assignments, including, but not limited to group wo
*rk;
readings; homework; and established treatment goals. *

The standard amounts for awards are $30.00 for the first
quarter of successful program participation, $40.00 for the second
quarter, and $50.00 for the third quarter for a possible total
award of $120.00. At 12 month programs, a fourth quarter award of
$60.00 should also be provided to those who meet eligibility
criteria, for a possible total of $180.00. With appropriate
documentation, the drug abuse treatment program coordinator may
modify the above standards in individual cases. Award payments
shall be based upon an inmate's enrollment and completion dates,
not fiscal year quarters. The drug abuse treatment program
coordinator is responsible for completing the necessary requests
and submitting them to the institution's
* Performance Pay Coordinator. *

These awards for eligible inmates help to offset the loss of


performance pay which an inmate incurs as a result of
participating in a residential program. Historically, inmates
have cited the loss of performance pay as a reason for not
participating in the program or as a reason for withdrawing from a
program.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 10

Funding for financial incentives for program participants has


been considered in the development of the Inmate Performance Pay
(IPP) budget formula. Funds appropriated for drug treatment
services are added to IPP cost centers at institutions with
residential programs to support the incentive program. These
monies may not be used for purposes other than residential drug
abuse treatment program incentives.
[(2) Consideration for the maximum period of time (currently
180 days) in a Community Corrections Center placement, provided
the inmate is otherwise eligible for this designation.]
* Community transitional drug treatment services is a critical
component of the residential drug abuse treatment program.
Accordingly, the Warden is strongly encouraged to approve inmates
who successfully complete a residential drug treatment program for
the maximum 180 day period of CCC placement. Similarly, CCMs
shall, when possible, ensure that inmates required to participate
in community transition services are placed in a CCC for the
maximum amount recommended by the Warden.

However, there may be administrative factors (e.g., bedspace


limitations at a CCC) or community safety concerns (i.e,
exclusionary criteria) that require consideration for a CCC
placement of less than the recommended maximum of 180 days. Then,
the fundamental goal for both the Warden and CCM is to seek
placement for a period of time as near to 180 days as possible
without negatively impacting bedspace limitations in contract
facilities or jeopardizing community safety.

Additionally, the 18 U.S.C. 3621(e) release date shall be


established to provide the residential drug program graduates with
a reasonable opportunity to spend up to 180 days in a CCC even if
this results in an early release period of less than 12 months.
This means that unit teams must construct CCC release plans which
maximize lengths of time in the CCC rather than the maximum
reduction in sentence under 3621(e). *
[(3) Local institution incentives such as preferred living
quarters or special recognition privileges.]
* *
To assist in recruiting inmates locally for residential drug
abuse treatment, Wardens are encouraged to consider ways in which
the treatment unit may be seen as preferred living quarters (e.g.,
washer/dryer access, special recreation or dining privileges).
[(4) If eligible under 550.58, consideration for early
release.] See Chapter 6 for further information on early release
procedures.
P.S. 5330.10
CN-01, May 17, 1996
Chapter 5, Page 11
[b An inmate must meet his/her financial program responsibility
obligations (see 28 CFR part 545) prior to being able to receive
an incentive for his/her residential program participation.]

28 CFR part 545 refers to the Program Statement on the Inmate


Financial Responsibility Program. If an inmate is not meeting
his/her financial responsibility obligations, his/her treatment
plan should include specific goals related to meeting this
* obligation. *

[c Withdrawal or removal from the residential program may


result in the loss of incentives previously achieved.]

5.6 Residential Drug Abuse Treatment for Mariel Cubans. FCI


Englewood has been designated as a Residential Drug Abuse
Treatment program for INS detained Mariel Cubans. The Cuban
(CuDAP) parallels the BOP's 500 hour Residential Drug Abuse
Treatment program with a few exceptions:

The CuDAP compresses the 500 minimum hours of treatment into


a four month time period;

Program delivery is bi-lingual (Spanish/English);

Inmates are assigned to a class in English as a Second


Language for 100 of the 500 hour program; and

Graduates of the program are released to a community sponsor


or a community corrections center.

Post-release issues are emphasized in the CuDAP program and


transitional services are available to these program graduates.
The purpose of this program is to assist in the release of INS
detained Mariel Cubans who demonstrate a need for drug abuse
programming.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 1
CHAPTER 6

EARLY RELEASE QUALIFICATIONS

* 6.1 [Consideration for Early Release 550.58. An inmate who was


sentenced to a term of imprisonment pursuant to the provisions of
18 U.S.C. Chapter 227, Subchapter D for a non-violent offense, and
who is determined to have a substance abuse problem, and
successfully completes a residential drug abuse treatment program
during his or her current commitment may be eligible, in
accordance with paragraph (a) of this section, for early release
by a period not to exceed 12 months.]

6.1.1 [a. Additional Early Release Criteria. (1) As an


exercise of the discretion vested in the Director of the Federal
Bureau of Prisons, the following categories of inmates are not
eligible for early release:

(i) INS detainees;

(ii) Pretrial inmates;

(iii) Contractual boarders (for example, D.C., State, or


military inmates);

(iv) Inmates who have a prior felony or misdemeanor


conviction for homicide, forcible rape, robbery, aggravated
assault, or child sexual abuse offenses;

(v) Inmates who are not eligible for participation in a


community-based program as determined by the Warden on the
basis of his or her professional discretion;

(vi) Inmates whose current offense is a felony:

(A) that has an element, the actual, attempted, or


threatened use of physical force against the person or
property of another, or

(B) that involved the carrying, possession, or use of a


firearm or other dangerous weapon or explosives
(including any explosive material or explosive device),
or

(C) that by its nature or conduct, presents a serious


potential risk of physical force against the person or
property of another, or

(D) that by its nature or conduct involves sexual abuse


offenses committed upon children.]
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 2

The rules language contained above in (6)(a),(b),(c), and (d),


is also contained as implementing text in the Program Statement on
Categorization of Offenses. This policy has been developed to
assist in the implementation of various Bureau policies and
programs. More specifically, an inmate may or may not be
qualified for early release under 18 U.S.C. 3621(e) in the
following circumstances: *
(1) The inmate has been sentenced pursuant to Title 18
U.S.C. Chapter 227, Subchapter D. This subsection indicates that
an inmate has been sentenced under the Sentencing Reform Act
(SRA), or the "new law". Ordinarily, these inmates have been
sentenced for an offense that occurred on or after November 1,
1987. Additionally, if an inmate is serving an SRA "new law"
sentence, he or she cannot be a contractual border, an INS
detainee, or a pretrial inmate;
# INS detainees and pretrial inmates may be held in Bureau
custody, but they are not serving a federal sentence under SRA, or
the "new law".

* (2) The inmates current conviction does not exclude him/her


from early release according to the Categorization of Offenses
Program Statement. Generally, the Program Statement on
Categorization of Offenses guides unit teams in determining
whether the current offense requires exclusion from early release.
Specifically:

# Instant offense determinations for inmates who have a


SENTRY assignment of DAP WAIT on the effective date of the Change
Notice Number 3, and future volunteers are based on the Program
Statement, Categorization of Offenses.

# Instant offense determinations for inmates who are either


participating in or have completed residential drug abuse
treatment (DAP PART, DAP INCOMP or DAP COMP) on the date of Change
Notice Number 3 are based on the Program Statement Definition of
Term, Crimes of Violence and accompanying Operations Memoranda
(see section 6.3.2 of this chapter for further instructions).

(3) The inmates prior adult criminal record includes no


convictions which disqualify him/her for early release, based on
the Directors Discretion. Any adult misdemeanor or felony
conviction for Homicide (including Non-Negligent Manslaughter),
Forcible Rape, Robbery, Aggravated Assault, or Child Sexual Abuse
are crimes that disqualify an inmate for early release; drug abuse
treatment program coordinators must review available documents
containing criminal history to ensure the inmate does not have any
prior adult convictions for these crimes. "Previous adult
convictions" includes criminal convictions that occur at any time,
prior to the inmate's 3621(e) release date. Prior convictions
in other countries must also be considered.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 3

With regard to prior offenses, juvenile adjudications and


disciplinary findings cannot be used to deny an inmate a 3621(e)
sentence reduction.

To verify if a prior conviction for a state child sexual


abuse offense would disqualify an inmate for early release, DAP
staff should refer the appropriate documentation to local legal
counsel for a final determination. Legal staff will compare the
elements of the prior state offense with the Federal child sexual
offense provisions listed in 18 U.S.C. 2241, 2242, 2243, and
2244(a). If the elements of the prior state offense are similar
to the elements of any of the above referenced Federal offenses,
the inmate shall be disqualified for early release.

In rare instances, an aggravated assault can be a misdemeanor


conviction. Additionally, the PSI is not always clear on whether
a conviction for:

# assault is aggravated,
# a homicide is non-negligent,
# a sexual assault constitutes forcible rape, or
# sexual abuse of children is an offense that
disqualifies the inmate.

Therefore, DAP staff should request institution legal counsel


to make the final determination when uncertainty exists. A record
of this determination should be noted in the inmates DAP records.
*

(4) The inmate has successfully completed all parts of the


Bureaus residential drug abuse treatment program. Inmates
receiving an early release under 3621(e) must have successfully
completed a residential drug abuse treatment program for a minimum
of 500 hours for at least six months in a unit-based treatment
environment, separated from general population as well as those
additional residential program components described in Chapter 5,
Section 5.2.1.

(5) The inmate is not excluded from a community-based


program placement. For early release consideration under
3621(e) and in accordance with the opening paragraph of this
section, an inmate must be able to participate in community-based
programs so as to complete the transitional services component of
treatment in a Community Corrections Center or on home
confinement.

Finally, there are two groups of inmates that require further


direction concerning a 3621(e) sentence reduction:

inmates with physical or medical disabilities who may be


eligible for 3621(e) release consideration, and
inmates with detainers who were participating in a
residential drug abuse program on or before August 17, 1995.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 4

(1) Physical/Medical Disabilities. Inmates who volunteer


for residential drug programs and have physical disabilities or
medical conditions that require their assignment to a unit other
than the DAP unit to ensure handicap accessibility or medical
monitoring may be considered for a 3621(e) release. To
qualify, inmates must be:

! otherwise eligible for the residential drug


program;

! able to fully participate in all aspects of the


program including evening groups or other evening
activities conducted in the treatment unit;

! able to be held accountable to the same standard of


treatment and conduct as all other residential drug
abuse treatment participants (e.g., complete
homework, participate in all assigned groups,
behavior consistent with treatment requirements,
etc.); and

! eligible for a Community Corrections Center or home


confinement placement, enabling full participation
in community transitional services.

* Although Health Services staff are always the final decision-


maker regarding an inmates placement outside of the drug
treatment unit for medical reasons, drug abuse treatment staff are
responsible for identifying, monitoring, and documenting this
exception in the inmates DAP records and on the Attachment K.
Ordinarily, these inmates are excused from residential drug
treatment unit activities only for reasons of sleep and unit
accountability purposes (special census counts, etc.). *

(2) Detainers. Inmates with detainers who were


participating in a residential drug abuse treatment program on or
before August 17, 1995, and who subsequently completed this
treatment may be released directly from the institution to their
detainer by way of a 3621(e) release. Specifically, the inmate
must have been in "DAP PART" status and in a separate drug
treatment unit on or before August 17, 1995 to be considered for
early release to a detainer. When necessary, staff should assist
inmates to resolve a detainer (if resolution is required) so that
he or she can participate in the required community transitional
services program. When a detainer cannot be resolved or does not
require resolution (e.g., INS detainer, consecutive state
sentence), the inmate shall be required to participate in
institution transitional services for at least 180 days before
releasing under 3621(e) to his or her detainer.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 5

6.1.2 Inmates Who Completed a Residential Drug Abuse Treatment


Program Prior to October 1, 1989. [a. Eligibility. (2) An
inmate who had successfully completed a Bureau of Prisons
residential drug abuse treatment program before October 1, 1989 is
otherwise eligible if:

(i) Staff confirm that the completed program matches the


treatment required by statute;

(ii) The inmate signs an agreement acknowledging his/her


program responsibility;

(iii) The inmate completes a refresher treatment program and


all applicable transitional services programs in a
community-based program (i.e., in a Community
Corrections Center or on home confinement); and
(iv) Since completion of the program, the inmate has not been
found to have committed a 100 level prohibited act and
has not been found to have committed a prohibited act
involving alcohol or drugs.]

Staff shall ensure that inmates applying for early release


consideration based on successful treatment before October 1, 1989
follow the application guidelines and program requirements set
forth in Attachment L.

6.1.3 Retroactivity - On or After October 1, 1989. [(3) An


inmate who has successfully completed a Bureau of Prisons
residential drug abuse treatment program on or after October 1,
1989 is otherwise eligible if:

(i) The inmate completes all applicable


transitional services programs in a community-
based program (i.e., in a Community
Corrections Center or on home confinement);
and

(ii) Since completion of the program, the inmate


has not been found to have committed a 100
level prohibited act and has not been found to
have committed a prohibited act involving
alcohol or drugs.]

Any inmate who successfully completed the residential drug abuse


treatment program on or after October 1, 1989 shall notify his/her
drug abuse treatment program coordinator via a Request to Staff
Member form. The Coordinator or designee, shall, upon
notification, verify the inmate's successful residential drug
abuse program completion status, including the institution
transition requirement of treatment, and review the PSI for the
relevant history of violence.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 6

* Drug abuse treatment staff shall provide this documentation to


the appropriate unit team using the Notice of Residential Drug
Abuse Program Qualification and Provisional 3621(e) Eligibility
form (Attachment J) (see Section 6.3). The drug abuse treatment
program and the date of graduation must be noted in the comment
portion of Section 1. Section 2 must also be completed *
to finalize the inmate's provisional 3621(e) eligibility status.
Attachment H must be completed and routed to Inmate Systems
Management (ISM) via the Warden, when applicable.

6.1.4 Parole Eligible Inmates. Parole eligible inmates who


successfully complete a residential drug abuse treatment program
lasting between six and 12 months, may, at the discretion of the
U.S. Parole Commission, be eligible for an advanced release date
through an award of Superior Program Achievement (SPA). To
accomplish this, the drug abuse treatment program coordinator
shall prepare a Letter to the U.S. Parole Commission (Attachment
I), complete a Treatment Summary and Referral form (Attachment D),
and route both documents to the unit team, who shall then attach
the most recent Progress Report.

The unit team shall then forward the entire packet to the Warden
for signature, who is to then send the packet to the U.S. Parole
Commission. After notification, the U.S. Parole Commission will
make a decision on the record whether to grant SPA. The results
of any positive action taken by the U.S. Parole Commission shall
be immediately forwarded to ISM. Inmates are not allowed to apply
for SPA.

6.2 [(b) Application.]

6.2.1 [(1) Inmates Currently Enrolled. Eligible inmates


currently enrolled in a residential drug abuse treatment program
shall automatically be considered for early release.]

6.2.2 [(2) Inmates Who Had Previously Completed Program


Requirements. Eligible inmates who have previously completed a
residential drug abuse treatment program (or which matches the
treatment required by statute) must notify the institution's drug
abuse program coordinator via a Request to Staff in order to be
considered for early release.]

6.2.3 Inmates Who Are Applying for Participation in a


Residential Drug Program. The drug abuse treatment program
coordinator shall complete the following steps before accepting an
inmate into a residential drug abuse treatment program:

determine the inmate's eligibility for admittance based on


the procedures set forth in Chapter 5, Section 5.4.1 (verifiable
substance abuse problem, etc.);
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 7

determine the inmate's provisional early release


eligibility (as described below in Section 6.3);

* notify the inmate of his/her qualification for residential


drug treatment programming and provisional early release status
(as described below in Section 6.3).
6.3 Notice of Residential Drug Abuse Program Qualification and
Provisional 3621(e) Eligibility (Attachment J). The Notice of
Residential Drug Abuse Program Qualification and Provisional
3621(e) Eligibility, (Attachment J) shall be used as a checklist
and notification mechanism to inform inmates, in writing, of:

Qualification for Residential Drug Abuse Programs; and

Provisional Eligibility for 18 U.S.C. 3621(e) Early


Release. Inmates must be specifically informed that a
sentence reduction is contingent upon continued positive
behavior and successful participation in all components of
the program, including community transitional services.

Attachment J must be completed on all inmates applying for


residential drug program participation, and is divided into two
parts:

Part I: a determination/review of residential drug abuse


program qualification;

Part II: a determination/review of an inmate's provisional


3621(e) eligibility.

6.3.1 Part I - Residential Drug Program Qualification. If the


drug abuse treatment program coordinator determines the inmate
does not have a substance abuse disorder that can be documented,
or is otherwise not qualified for residential treatment, only Part
I of Attachment J must be completed. Part I notifies the inmate
that he or she is not qualified for residential program
participation.

If the drug abuse treatment program coordinator determines that


the inmate does have a substance abuse disorder that can be
documented, and he or she is otherwise eligible for the
residential drug abuse program, Part II of Attachment J must also
be completed to determine the inmate's provisional early release
eligibility.

6.3.2 Part II - Provisional Early Release Eligibility.


Completion of Part II requires consultation with the unit team to
determine if the inmate's instant offense is an excluding crime
within the Categorization of Offenses Program Statement, and if a
detainer is currently lodged against the inmate.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 8

Although unit team staff make determinations involving the


instant offense, implementation of this new policy impacts drug
program staff. The following are steps that DAPCs must now follow
to ensure effective implementation of the Categorization of
Offenses Program Statement on 3621(e) cases.

(1) Inmates Not Yet Added to the DAP Waiting List on the
Effective Date of Change Notice 3. Before an inmate who
volunteers for drug treatment is placed on the DAP WAIT list, DAP
staff shall ensure completion of the:

new Attachment N in this Change Notice (unit team


determination of instant offense); and,
Attachment J in this Manual.

Note: Inmates in this category shall have their instant


offense reviewed pursuant to Program Statement,
Categorization of Offenses.

(2) Inmates on the DAP Waiting List on the Effective Date of


Change Notice 3. DAP Coordinators must have inmates sign an
updated Agreement to Participate and are to ensure completion of
the revised Attachment J and Attachment N for any inmate on the
waiting list who is 3621(e) ineligible for reasons related to the
instant offense. DAP Coordinators can identify these inmates
through Population Monitoring SENTRY rosters (use of CMA
assignments in conditions - CMAG EQ VVA* or CMAG EQ VVB*). The
Assistant Director, Correctional Programs Division, may identify,
via BOP EMS, other cases that require a new Attachment J.

A revised Attachment J and updated Agreement to Participate


is also necessary for any inmate who has a prior conviction for a
child sexual abuse offense that would now exclude him or her from
early release. The same procedures apply for any inmate who has
an instant offense of 18 U.S.C. 2243 and 2245 (i.e., sexual
abuse statutes), including completion of an Attachment N. DAP
Coordinators can identify these inmates through SENTRY rosters
(use of PSF for Sex Offender in conditions - PUB EQ F), and/or
review of the PSI report.

To reduce the administrative burden on staff, DAP


Coordinators do not have to update the Agreement to Participate,
or complete the new Attachment J and Attachment N for all other
inmates who are on the DAP waiting list on this Change Notice
effective date.

Note: Although some inmates will not have a revised


Attachment J and Attachment N completed, all inmates on the
DAP Waiting list on this Change Notice effective date shall
have their instant offense reviewed pursuant to the
"Categorization of Offenses" policy before furlough transfer
to a community-based program or release to a detainer (see
Section 6.6 for instructions that unit staff must follow).
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 9

(3) Inmates Participating in or Having Completed the Unit-


Based Portion of Residential Drug Treatment Program on the
Effective Date of Change Notice 3. Completion of a new Agreement
to Participate, a revised Attachment J and Attachment N is not
necessary for inmates who began participating in or who completed
the unit-based portion of the drug program (i.e., DAP PART, DAP
INCOMP or DAP COMP).

Note: Inmates in this category shall have their instant


offense reviewed pursuant to the Definition of Term, Crimes
of Violence, policy and related Operations Memoranda.

(4) Unit Team Evaluation of Categorization of Offenses. When


unit team staff are required to make instant offense
determinations for 3621(e) cases, the following procedures apply:
Step 1 - Unit team staff should first determine whether the
offense is listed as a crime of violence in the Categorization of
Offenses policy. If the current offense is a crime of violence,
then the inmate is ineligible for early release. If the current
offense is not a crime of violence, then unit team staff must go
to step 2.

Step 2 - Unit team staff must then determine whether the


current offense is identified as a crime under the Director's
Discretion. If the current offense is a crime identified in the
Director's Discretion section, then the inmate is ineligible for
early release.

Step 3 - If the current offense is not a crime of violence,


and it is not a crime identified in the Director's Discretion
section of Categorization of Offenses, then the instant offense
would not exclude him or her from receiving an early release
benefit.

Step 4 - Unit team staff are to complete Attachment N to


formally notify the DAP Coordinator of the inmate's eligibility or
ineligibility for early release.

The drug abuse treatment program coordinator shall enter the


appropriate SENTRY DRG category assignments related to 3621(e)
eligibility and treatment status (e.g., "DAP WAIT" or "DAP PART.")
whenever a revised Attachment J is necessary, and completed. A
copy of Attachment J shall be placed in the treatment file and a
copy provided to the unit team for placement in Section 4 of the
inmate's central file. *

The DAP Coordinator shall complete the Notification of


Provisional Determination for 18 U.S.C. 3621(e) Sentence
Reduction (Attachment H) only when the inmate begins treatment and
is assigned the "DAP PART" SENTRY assignment. Attachment H is
routed to ISM and serves three primary purposes:
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 10

Formally requests Warden's review and signature of


provisional 3621(e) eligibility;

Establishes a provisional 3621(e) release date in SENTRY


after ISM receives the Warden's approval to do so; and

* Notifies the unit team of the inmate's new provisional


release date for pre-release planning purposes. *

6.4. [(c) Length of Reduction. (1) Except as specified in


paragraphs (c)(2) and (3) of this section, an inmate who is
approved for early release may receive a reduction of up to 12
months. (Paragraph (c)(3) is now in section 6.7 of this chapter).

(2) If the inmate has less than 12 months to serve after


completion of all required transitional services, the amount of
reduction may not exceed the amount of time left on service of
sentence.]

* 6.5 Loss of Provisional Early Release. An inmate may lose his or


her provisional early release at any time for failure to
successfully complete all components of the drug treatment program
(including transitional services), or for committing certain
prohibited acts. *

Inmates are to be advised that they may use the administrative


remedy procedure to appeal decisions regarding early release.

6.5.1 Monitoring Provisional Early Release During the Unit-


Based Segment of the Residential Drug Abuse Treatment Program.
While the inmate is in a residential drug abuse program unit, the
drug abuse treatment program coordinator is responsible for
monitoring and notifying staff and inmates when changes occur.

This monitoring involves coordination with the unit team and ISM
staff. Since detainers may be removed or lodged, pending charges
resolved or discovered, disciplinary action taken, judicial
recommendations received, etc., an inmate's provisional early
release status may change at any time.

When an inmate provisionally determined for a 3621(e) sentence


reduction requires a change to preclude such a reduction, the drug
abuse treatment program coordinator must immediately complete and
route the Change In Drug Abuse Treatment Program Status Memorandum
(Attachment C) through the unit team to ISM staff. ISM staff are
to promptly remove the 3621(e) release date upon receipt of
Attachment C. A copy of Attachment C shall be provided to the
Warden. The DAPC is responsible for ensuring the DRG SENTRY
assignments are changed, specifically "ELIGIBLE" is changed to
"INELIGIBLE" and that program completion assignments are replaced
with program failure assignments, if applicable.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 11

Regarding furloughs, an inmate's eligibility for furloughs


pursuant to 28 CFR 570.34(e) shall be based on the "3621E CMPL"
date. However, inmates currently enrolled in drug treatment
programs may be denied furloughs when institutional staff believe
their absence on furlough would disrupt their treatment regimen.

6.5.2 Monitoring Early Release After Completion of the Unit-


Based Segment of the Residential Drug Program. When the inmate is
transferred to another unit or institution after completion of the
residential drug unit component, the receiving unit team is
responsible for monitoring the inmate's early release eligibility
and notifying ISM and the institution DAP Coordinator of any
changes when they occur.

Unit team monitoring of an inmates early release status after


completion of the unit-based treatment program is critical since
the inmate must continue to demonstrate positive behavior for
continued 3621(e) consideration. An inmate shall lose his or
her provisional early release date immediately if the
DHO/UDC finds the inmate, pursuant to an incident report, to have:

# Used or possessed alcohol or drugs;


* # Been violent or threatened violence;(including code-203,
but not limited to this code) *
# Committed a prohibited act (100 series); and/or
# Committed a prohibited act involving alcohol or drugs
since completing the unit-based segment of the program.

If a DHO/UDC finds that an inmate, who previously completed the


unit-based component of a residential drug abuse treatment program
committed any infraction above, the unit team must complete a
Change in Drug Abuse Treatment Status (Attachment C) and forward
it to ISM, with a copy sent to the institution drug abuse
treatment program coordinator. Attachment C must also be
completed, when the Warden finds an inmate, who was previously
determined provisionally suitable for 3621(e) release, to be
ineligible for CCC placement. ISM staff are to promptly remove
the 3621(e) release date upon receipt of Attachment C. A copy
of Attachment C shall be provided to the Warden.

Upon receiving Attachment C, the drug abuse treatment program


coordinator must immediately make the appropriate SENTRY
assignment changes. Specifically, "ELIGIBLE" must be replaced with
"INELIGIBLE." If necessary, "DAP COMP" shall be changed to
"DAP FAIL O"; "NR TS COMP" shall be changed to "NR TS FAIL."

An inmate's eligibility for furloughs pursuant to 28 CFR


570.34(e) shall be based on the "3621E CMPL" date after the
completion of the unit-based treatment component.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 12

6.6 Final Review of Inmates Provisional 3621(e) Eligibility.


The decision to grant an inmate early release is a significant one
for the Bureau of Prisons; therefore, it is essential that
institutional staff carefully review all relevant statutory and
regulatory criteria before final release of an inmate under Title
18 U.S.C. 3621(e).

The unit manager or designee must ensure completion of revised


Attachment K, "Final Review of Inmates Provisional Early Release"
before transfer to a community-based program or detainer.
Attachment K must always be completed and routed to the Warden;
ordinarily, Attachment K should be routed along with other final
release paperwork (furlough transfer form, release and gratuity
form, etc.).

The drug abuse treatment program coordinator and CMC must


review and sign Attachment K prior to the Warden's review. The
Drug Abuse Treatment Coordinator shall ensure that items
* 1, 2, and 3 are accurate. Once Attachment K is signed and dated,
a copy must be filed in the disclosable portion of Section 5 in
the inmate central file. The original Attachment K shall be
forwarded to the ISM for filing in the J&C file.

Unit team staff must answer question 8 (A) of Attachment K for any
inmate who began participation in the unit-based portion of the
drug treatment program on or after the effective date of Change
Notice 3. Unit team staff must answer question 8 (B) for any
inmate who began participation before the effective date of Change
Notice 3. An inmates DAP PART beginning date can be identified
using SENTRYs Inmate History function, DRG Category.

No inmate shall be released from custody or transferred to a


community-based program under 18 U.S.C. 3621(e) until the ISM
receives the Attachment K with all appropriate signatures. *

* 6.7 Monitoring Early Release While in a Community-based Program.


[c (3) If the inmate cannot fulfill his or her community-based
treatment obligations by the presumptive release date, the
Community Corrections Regional Administrator may adjust the
presumptive release date by the minimum amount of time necessary
to allow for fulfillment of the treatment obligations.]

The Community Corrections Manager and the Transitional Services


Manager are responsible for monitoring the inmates early release
status while the inmate resides in a CCC or on home confinement.
Though most inmates will successfully complete this portion of the
drug program and be granted early release on the presumptive date
that was set by institutional staff, some inmates may not complete
the community transitional services on time. Others will require
removal from the program and return to a more secure setting.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 13

6.7.1 Disciplinary Conduct. The DHO shall recommend, at a


minimum, a disciplinary transfer for any inmate who is
participating in community transitional services when the inmate
has a presumptive early release date, and, pursuant to an incident
report is found to have committed:

# a greatest severity prohibited act (100 level); or,

# any prohibited act involving alcohol (including but not


limited to code 222); or,

# a prohibited act involving violence or the threat of


violence (including but not limited to code 203.)

The DHO/CDC may or may not recommend disciplinary transfer for


an inmate found to have committed a less serious infraction (codes
300, 400 and codes 200 unrelated to alcohol).

6.7.2 Delaying Early Release for Unresolved Disciplinary


Conduct. Inmates are sometimes administratively transferred from
a community-based program to a more secure setting pending the
resolution of a disciplinary hearing. When the inmate is less
than 30 days from his or her provisional 3621(e) date when
transferred to a local Bureau facility for the purpose of a
disciplinary hearing, the CCM, in conjunction with the CCRA, may
delay the 3621(e) release date for a period of time to resolve
the incident report. Attachment O shall be completed in this
situation. Thus, CCM staff shall complete this form and send it
via facsimile to the Inmate Systems Manager when this occurs.

When the inmate has more than 30 days from his or her
provisional early release date when transferred to a local Bureau
facility for the purpose of a disciplinary hearing, the local DAP
Coordinator shall complete Attachment O and forward it to the
Inmate Systems Manager, if necessary. The DAPC shall contact the
DHO to determine the approximate amount of time necessary to
resolve the incident report. {Note: the institutional DAPC may
want to wait for the DHO action, and complete the Attachment C, if
applicable}.

Ordinarily, if the incident report does not result in a finding


of guilt, the inmate should be transferred to a community-based
program as soon as practical to resume transitional services. The
inmate's provisional release date, if delayed to resolve the
pending disciplinary action, may need to be adjusted a second
time. If returned to a community-based program, CCM staff should
adjust the release date to reflect the actual number of days
community treatment services was interrupted.

The Inmate Systems Manager shall always contact the local DAP
Coordinator when an inmate provisionally approved for early
release has been returned from a community-based program for
disciplinary hearing purposes.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 14

6.7.3 Reducing the Early Release Benefit. To delay early


release in a community-based program, the TSM must make a
recommendation to the CCRA, through the Management Center
Administrator (MCA).

There are two primary circumstances when a CCRA may delay early
release:

(1) the inmate cannot fulfill his or her community


transitional services obligations by the presumptive
3621(e) release date, and

(2) the additional time in community transitional services


will increase the likelihood that the inmate will refrain from
drug use and criminality.
The following are some situations when the TSM may recommend
to the CCRA that an inmates early release time should be delayed:

P the inmates participation in community transitional


services is interrupted for reasons beyond the inmates
control (writs, transfer due to unanticipated CIM concerns,
medical problems, etc.).

In this circumstance, the CCRA may reduce the early release


benefit only for a minimum period of time to allow the inmate
to meet his or her treatment obligations.

P the contract providers monthly report indicates that the


inmate is not satisfactorily participating in the community
transitional services component, and/or not complying with
the recommendations in the treatment summary and relapse
prevention plan.

P the inmate receives a disciplinary sanction for a less


serious prohibited act and the DHO has not imposed a
disciplinary transfer.

In this circumstance, a CCRA decision to delay must be


directly related to a treatment obligation; for example, the
inmates relapse prevention plan states that anger management
is a specific objective, and the CDC has found that the
inmate committed the prohibited act of insolence towards a
staff member.

P other circumstances directly related to and impacting


community transitional services.
PS 5330.10
CN-03 October 09, 1997
Chapter 6, Page 15

The CCRA shall always make the final determination when early
release is delayed. If the CCRA determines that a 3621(e)
release date shall be delayed, the CCM shall establish a new
3621(e) release date in SENTRY. The CCM shall closely monitor
this new 3621(e) release date for release purposes.

The TSM/CCM must complete Attachment C to this Program Statement


when appropriate (e.g. returned to secure custody). *
P.S. 5330.10
May 25, 1995
Chapter 7, Page 1
CHAPTER 7

TRANSITIONAL SERVICES

7.1 [Transitional drug treatment services 550.59. Transitional


treatment programming is required for all inmates completing an
institution's residential treatment program. Transitional
treatment includes treatment provided to inmates who, upon
completing the residential program, return to the general
population of that or another institution or who are transferred
to a community-based program. An inmate's refusal to participate
in this program is considered a program failure and disqualifies
the inmate for any additional incentives consideration, and may
result in the inmate's redesignation.]

Transitional services may also be provided to other eligible


inmates who volunteer for treatment upon release to the community.

Research and experience demonstrate that treatment upon the


inmate's release to the community is a critical component of
effective substance abuse treatment. Successful transitional
service programs require a systemic community transition procedure
which includes effective transfer/sharing of information between
the institution and the community.

7.2 Transition to General Population. When the inmate completes


a residential program, the Drug Abuse Treatment Coordinator is to
ensure that the inmate's SENTRY DRG assignment is updated and that
the Treatment Summary and Referral Form (BP-S549.053) is completed
and forwarded to the unit team for placement in the inmate's
central file. The Drug Abuse Treatment Coordinator should also
ensure that transitional services programming begins as described
below and that the SENTRY DRG assignment is updated accordingly.
If a transfer to another institution occurs, the Drug Abuse
Treatment Coordinator at the receiving institution is to ensure
that the Treatment Summary is reviewed, that transitional services
begin or continue, and that the SENTRY DRG assignment is
appropriately updated.

[(a) An inmate who successfully completes a residential drug


abuse program and who participates in transitional treatment
programming at an institution is required to participate in such
programming for a minimum of one hour per month.]

This minimum requirement, lasting 12-months or until the


inmate's release (whichever comes first), is provided to keep the
inmate engaged in the treatment process and to maintain treatment
gains. Documentation is to be consistent with those required in
non-residential drug abuse treatment programming.

Inmates who participate in non-residential/institution


transitional services for six months or more are required to have
an addendum, updating the inmate's treatment progress attached to
P.S. 5330.10
May 25, 1995
Chapter 7, Page 2

their Treatment Summary and Referral Form prior to their transfer


to a CCC or release to supervision. These Treatment Summary and
Referral Forms shall be completed upon the completion of the
inmate's transitional programming.

If a residential program graduate refuses to participate in


transitional services within the institution general population,
he/she is to be considered a program failure and the inmate's
SENTRY DRG assignment should be updated accordingly (see Chapter
9). The Drug Abuse Treatment Coordinator should notify the
inmate's unit team and the team should not consider the inmate for
maximum CCC placement. The unit team and ISM shall be notified,
via Attachment C.

7.3 Transition to a Community Corrections Center. [(b) An


inmate who successfully completes a residential drug abuse program
and who, based on eligibility, is transferred to a Community
Corrections Center (CCC), is required to participate in a
community-based treatment program, in addition to the required
employment and other program activities of the CCC. The inmate's
failure to meet the requirements of treatment may result in the
inmate's being returned to the institution for refusing a program
assignment.] Treatment planning, evaluation, and continued
urinalysis testing are included in this treatment regimen.
Ordinarily, treatment is required for a minimum of one hour per
week.

7.3.1 Responsibilities/Documentation. Drug Abuse Treatment


Coordinators at all institutions are responsible for identifying
residential program graduates who are within 12 months of their
3621 projected release date and ensuring that the Treatment
Summary and Referral Form (BP-S549.053) is up-to-date. If an
update is required, the updated summary should be forwarded to the
unit team for placement in the inmate's central file.
The unit team is responsible for including the Treatment Summary
and Referral Form (original and any updates) and a copy of the
signed Agreement to Participate (BP-S550.053) in the CCC referral
packets of inmates who are graduates of residential programs.
They should also note the following on line 13 of the
Institutional Referral for CCC Placement Form (BPS-210.073):

(1) the inmate's supervision status upon release from Bureau


custody (e.g., "the inmate is released from BOP to the supervision
of U.S. Probation for a total of two years"), and

(2) the words, "Transitional Drug Program". This alerts the


CCM and the CCC staff that the inmate should be participating in
transitional services while in the CCC. The unit team is also
responsible for forwarding a copy of the entire CCC referral
packet to the Regional Transitional Services Manager (TSM).
PS 5330.10
CN-03 October 09, 1997
Chapter 7, Page 3

If more than six months has passed, and additional treatment or


institutional transitional programming has occurred, an addendum
is required to the Treatment Summary and Referral Form. The
Coordinator is responsible for ensuring an updated form is
forwarded to the appropriate TSM prior to the inmates transfer to
the CCC.

7.3.2 Participation in Transitional Services. [(c) An inmate


with a documented drug abuse problem but who did not choose to
volunteer for the residential drug abuse program may be required
to participate in transitional services as a condition of
participation in a community-based program with the approval of
the transitional services manager.]

However, inmates who have completed a residential drug abuse


treatment program receive priority placement in community
transition programming.

Any inmate who is identified as in need of drug abuse treatment


upon release to the community, including inmates housed in
Intensive Confinement Centers (ICCs), may be referred for such
services using the procedures noted above. An inmate who
volunteers or is referred, but who has not completed a residential
drug abuse program in the institution, shall be placed in this
program based on community-treatment availability. An inmate
referred to or volunteering for this program component must sign
an Agreement to Participate (BP-S550.053).

7.4 Transition to Supervised Release/Parole. The Bureau of


Prisons does not provide funding for drug abuse treatment services
for inmates who are released directly into supervised release or
parole status. However, for those inmates who have been
identified as in need of transitional services, Drug Abuse
Treatment Coordinators should forward a Treatment Summary and
Referral Form (BP-S549.053) to the appropriate U.S. Probation
Office to ensure that the U.S. Probation Office is aware that the
inmate has been identified as needing drug abuse treatment
services and should be referred for such services if they are
available.
* *
If accepted into a CCC, the inmate must be aware that community
transitional services participation is part of the inmate's
program plan while in the CCC. Failure to adhere to a continuing
treatment plan during the community-based placement while under
Bureau of Prisons custody shall result in the inmate's return to
the institution. Whenever possible, any inmate who is returned to
an institution as a result of non-compliance with treatment and/or
drug use in the CCC should be returned to an institution with a
residential treatment program.
PS 5330.10
CN-03 October 09, 1997
Chapter 7, Page 4

* *

Inmates in a CCC who have successfully completed a residential


program and who are later returned to the institution due to a
positive urine screen are immediately eligible for non-residential
treatment. While these inmates do not have sufficient time
remaining to recomplete a residential program, good clinical
practice suggests they should be provided with the relapse
prevention and cognitive/behavioral sections of the Handbook
while in non-residential counseling.

Inmates are to be advised that they may use the administrative


remedy procedure to contest their transitional services program
expulsion.
P.S. 5330.10
May 25, 1995
Chapter 7, Page 5

Inmates in a CCC who have successfully completed a residential


program and who are later returned to the institution due to a
positive urine screen are immediately eligible for residential or
non-residential treatment. While these inmates do not have
sufficient time remaining to recomplete a residential program,
good clinical practice suggests they should be provided with the
relapse prevention and transitional services modules of the
Handbook.

Inmates are to be advised that they may use the administrative


remedy procedure to contest their transitional services program
expulsion.
P.S. 5330.10
May 25, 1995
Chapter 8, Page 1
CHAPTER 8

INMATE APPEALS

8.1 [Inmate Appeals 550.60

[(a) Administrative remedy procedures for the formal review of


a complaint relating to any aspect of an inmate's confinement
(including the operation of the drug abuse treatment programs) are
contained in 28 CFR 542, subpart B.] 28 CFR 542, subpart B refers
to the Program Statement on the Administrative Remedy Procedure
for Inmates.

[(b) In order to expedite staff response, an inmate who has


previously been found to be eligible for early release must, when
filing an administrative remedy request pursuant to 28 CFR 542,
subpart B on an action which would result in the inmate's loss of
early release eligibility, indicate in the first sentence of the
request that the request affects the inmate's early release.]

8.2 Emergency Inmate Appeals. An inmate may appeal his/her


expulsion from a residential drug abuse treatment program or the
loss of his/her early release eligibility through the usual
Administrative Remedies process.

When the inmate alleges the administrative remedies process will


affect the inmate's release date if the expulsion from treatment
or the loss of eligibility is overturned, (within two years from
release at the time of filing the administrative remedy), staff
will determine the claim is of an emergency nature and process in
accordance with 28 CFR, Section 542.14. Once such a determination
is made, there shall be no extensions granted at any stage of the
administrative remedy process.
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 1
CHAPTER 9

* PROGRAM DOCUMENTATION

9.1 Overview. Staff shall use SENTRY DRG assignments to document


the progression of inmates through drug abuse programs. Staff are
guided by the following general rules in their use of SENTRY DRG
category codes:

# Staff shall use DRG codes to promptly and accurately


document an inmate's status in programs.

# Staff shall promptly correct errors in DRG codes when they


discover them.

# Staff shall maintain only one current DRG assignment for


an inmate within each program area.

# Staff shall assure that all DRG assignments are updated


before inmates are transferred to other institutions or CCCs,
and before inmates are released to the community.

The Drug Abuse Treatment Coordinator is responsible for ensuring


that DRG assignments are properly entered and maintained as
inmates progress through drug abuse program activities. Unless
otherwise stated in this Program Statement, drug abuse program
staff at institutions are responsible for entering and updating
all DRG assignments.

9.2 Classification of DRG Assignments. SENTRY DRG assignments


are divided into various program areas (i.e, residential, non-
residential, education). While inmates move through various
stages and outcomes in each of these drug abuse program areas,
they are given an individual DRG assignment. These individual
assignments can be placed into one of three broader
classifications:

# Screening
# Participation
# Termination

These three classifications are intended to provide staff with a


logical framework to understand when to enter and update SENTRY
DRG assignments. For example, a screening assignment (e.g., DAP
WAIT) is ordinarily replaced by a participation assignment (e.g.,
DAP PART), which shall be replaced by a termination assignment
(e.g., DAP COMP).

9.2.1 Screening DRG Assignments. A screening assignment is


used to document a procedure of evaluation or is used for program
preparation purposes. For example, ELIGIBLE is a screening
assignment because it documents that an inmate has been evaluated
for early release. DAP WAIT is a screening assignment because an
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 2

eligibility interview for residential drug participation has been


completed, and the inmate is being monitored for program
placement.

9.2.2. Participation Assignments. A participation assignment


is used to document that an inmate has formally entered a
particular program (e.g. NR PART, DAP PART, etc..). Staff should
enter the DRG participation date consistent with the day the
inmate actually begins formal participation in the drug program.
Staff shall not enter a participation date before a program
activity officially begins.

9.2.3. Termination Assignments. A termination assignment is


used to document that an inmate has ended participation in a
particular program. Whenever an inmate participates in a program
with a cohort of inmates, a termination assignment must be entered
to document the end of participation with that specific cohort.
Additionally, the SENTRY termination assignment date must reflect
the day the inmate formally ends participation in a program.
There are four ways that an inmate may end enrollment in a
program. They are defined as follows:

# Completion - the inmate completes all requirements,


standards, and/or treatment goals for the program. The
completion criteria may cover attendance, conduct, learning,
and/or performance.

# Withdrawal - the inmate fails to complete all


requirements, standards, or goals for the program because
he/she has specifically requested and staff have granted a
release from the program.

# Expulsion - the inmate fails to complete all requirements,


standards, or goals for the program, and staff have removed
the inmate from the program. For example, an expulsion might
occur if an inmate has a pattern of disruptive behavior in
group sessions.

One circumstance requires additional clarification. When an


inmate is found guilty of an incident report unrelated to
drug program participation, but misses a significant number
of program sessions due to confinement in Special Housing,
staff should classify the termination assignment as an
expulsion, not an incomplete. The reason is the inmate had
control over the behavior which led to a failure in meeting
an attendance requirement.

# Incomplete - the inmate fails to complete all


requirements, standards, or goals for the program despite
intentions to complete the program if time permits. This
assignment is necessary when the inmate's participation is
interrupted. Examples might include interruptions due to
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 3

writ, medical problems, protective custody, and release to a


CCC or the community, etc.

9.3 SENTRY Transactions. The SENTRY transaction, UPDATE INMATE


ASSIGNMENT, is the means to enter and change all DRG category
assignments for inmates. SENTRY only allows three functions to be
used with DRG assignments:

# Adding (ADD) a valid code from the Category table;


# Replacing (REP) a valid code from the Category table; and
# Deleting (DEL) a valid code from the Category table.

SENTRY allows a maximum of seven current DRG assignments at any


time. Therefore, the choice of adding, replacing, or deleting an
assignment is important to the SENTRY database and record for the
inmate.
9.4 Initial Screening. The DAP Coordinator shall monitor the
following four screening DRG I assignments:

Group
Assignment Code Description

DRG I RQ V IR DRG INTRV REQD: VIOLATION


DRG I RQ J IR DRG INTRV REQD: JUD RECOMMEND
DRG I RQ C IR DRG INTRV REQD: CONTRB TO OFF
DRG I NONE IN NO DRUG INTERVIEW REQUIRED

Unit staff shall determine whether an inmate meets any of the


criteria for Required Drug Abuse Education and enter the
appropriate DRG I assignment within 30 days of the inmate's
arrival at his or her initially designated institution (see
Chapter Two for exceptions). Unit staff shall also conduct a new
review for inmates returned as failures in a community-based
program, and enter the appropriate DRG I assignment based on this
updated review. In this situation, inmates who receive a new
DRG I RQ assignment upon return to an institution must repeat drug
education.

Unit team staff completion of a hard copy of the Drug Use


Review/Referral Form (DURRF) is no longer required. Unit team
staff are now required to review the inmate central file
documentation, apply the criteria described in Attachment A, and
enter one of the four DRG I assignments directly into SENTRY.
Once entered, a DRG I assignment must always be a current SENTRY
DRG assignment while the inmate is in Bureau custody (see section
9.9 for further information).

9.4.1 Assignments for Required Drug Abuse Education. The seven


DRG assignments for required drug abuse education area are:
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 4

Group
Assignment Code Description

ED EXEM EE DRUG EDUCATION EXEMPT


ED WAIT R EW DRUG EDUCATION WAIT-REQUIRED
ED DECL R ED DRUG EDUCATION DECLINE-REQ
ED PART R EP DRUG EDUCATION PARTICIPATION-REQ
DRG E COMP EC DRUG EDUCATION COMPLETED
ED INCOM R EI DRUG EDUCATION INCOMPLETE-REQ
ED FAIL R EF DRUG EDUCATION FAIL-REQUIRED

# ED EXEM - An inmate is exempted from the drug education


participation requirement due to cognitive impairment or
because of an agreement to participate in residential
treatment.
# ED WAIT R - An inmate is placed on a waiting list because
he or she has agreed to participate in Drug Abuse Education.
# ED DECL R - An inmate has declined to participate in drug
abuse education even though required to do so. This
assignment shall be entered to document refusals prior to
participation in drug abuse education. This assignment is
not appropriate for any inmate who formally begins drug abuse
education, and then refuses to continue
(see "ED FAIL R").

# ED PART R - An inmate begins participation in drug abuse


education. Staff shall replace ED WAIT R with ED PART R,
whereby it must remain a current assignment until the inmate
ends participation. When participation ends, the ED PART R
assignment should be replaced by one of the following three
termination assignments for this program area.

# DRG E COMP - An inmate successfully completes all requir


ements
of the
drug
abuse
educat
ion
progra
m.

# ED INCOM R - An inmate does not complete all requirements


of the drug abuse education program for reasons beyond his or
her control.

# ED FAIL R - An inmate does not complete the drug abuse


education program, but withdraws or is expelled.

9.4.2 Assignments for Voluntary Drug Abuse Education. In some


cases inmates volunteer for drug abuse education. The six DRG
assignments for voluntary drug abuse education are:
PS 5330.10
CN-02 April 23, 1997
Chapter 9, Page 5

Group
Assignment Code Description

ED WAIT V EW DRUG EDUCATION WAIT-VOLUNTEER


ED DECL V ED DRUG EDUCATION DECLINE-VOL
ED PART V EP DRUG EDUCATION PARTICIPATION-VOL
DRG E COMP EC DRUG EDUCATION COMPLETED
ED INCOM V EI DRUG EDUCATION INCOMPLETE-VOL
ED FAIL V EF DRUG EDUCATION FAIL-VOLUNTEER

# ED WAIT V - An inmate volunteers for the drug abuse


education program but is not required to do so. This
assignment indicates the inmate is on a waiting list for the
drug abuse education program.

# ED DECL V - An inmate has declined to participate in drug


abuse education prior to the actual start of participation.
In this circumstance, ED DECL V:

# shall replace ED WAIT V when the inmate has already


been placed on the waiting list;

# shall be added as a current assignment when staff


recommend drug education to an inmate who has not
already been placed on the waiting list.

# cannot be used to indicate an inmate's decision to


leave the program once it begins (see "ED FAIL V").

# ED PART V - An inmate begins voluntary participation in


Drug Abuse Education. The ED PART V assignment should replace
ED WAIT V, and is a current assignment until the inmate ends
participation. The ED PART V assignment must always be
replaced by one of the following three termination
assignments for this program area.
# DRG E COMP - An inmate who volunteers for drug abuse
education and successfully completes all requirements of the
program. DRG E COMP is used for both required and volunteer
completions of drug education.

# ED INCOM V - An inmate who volunteers for drug abuse


education but does not complete all requirements of the drug
abuse education course for reasons beyond their control.

# ED FAIL V - An inmate who volunteers for drug abuse


education but withdraws and/or requires expulsion.

9.5. Assignments for Nonresidential Drug Abuse Counseling. There


are only participation and termination assignments for non-
residential drug abuse programming. NR Assignments shall not be
used to document involvement in Nonresidential Transitional
Services, which is a distinct program area with separate
PS 5330.10
CN-03 October 09, 1997
Chapter 9, Page 6

assignments (see Section 9.8). The four non-residential drug


abuse counseling assignments are:

Group
Assignment Code Description

NR PART NP NRES DRUG COUNSEL PARTICIPANT


NR COMP NC NRES DRUG TMT/COMPLETE
NR DIS NI NRES DRUG TMT/DISCONTINUED
NR FAIL NF NRES DRUG TMT/FAIL

# NR PART - An inmate formally begins participation in


Nonresidential Drug Abuse Counseling. NR PART is an
assignment that is added and retained as a current assignment
until the inmate ends participation. At completion, NR PART
should be replaced by one of following three termination
assignments.

# NR COMP - An inmate who completes non-residential drug


abuse counseling.

# NR DIS - An inmate who does not complete non-residential


drug abuse counseling for reasons beyond his or her control.
# NR FAIL - An inmate who does not complete non-residential
drug abuse counseling because he or she withdraws from the
program or is expelled.

9.6 Assignments for Review of Early Release Eligibility. Before


an inmate enters a residential drug abuse program, staff must
enter one of the following two early release assignments in
SENTRY, ELIGIBLE or INELIGIBLE. It is vital that staff maintain
accurate assignments in this area. ELIGIBLE or INELIGIBLE shall
be added at the same time the inmate is placed on the waiting
list. Inmates with current assignments of DAP WAIT, DAP PART, DAP
COMP, or DAP INCOMP shall always have a current assignment for
provisional early release eligibility. ELIGIBLE can be replaced
by INELIGIBLE, and visa versa, in order to document changes in an
inmate's early release status. There are only two DRG assignments
related to the early release process:

Group
Assignment Code Description

ELIGIBLE R 18 USC 3621 RELEASE ELIGIBLE


* INELIGIBLE R 18 USC 3621 RELEASE INELIGIBLE

# ELIGIBLE - An inmate who has been provisionally determined


eligible for early release under 18 U.S.C. 3621(e). Then,
staff shall add ELIGIBLE as a current assignment. *
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 7

# INELIGIBLE - An inmate who has been determined ineligible


for early release under 18 U.S.C. 3621(e). Then, staff
shall add INELIGIBLE as a current assignment.

9.7 Assignments for Residential Drug Abuse Treatment. Residential


drug abuse treatment is a program area where documentation of an
inmate's movement is critical, particularly for tracking purposes.
There are ten assignments in this area:

Group
Assignment Code Description

DAP UNQUAL DU RESIDENT DRUG TRMT UNQUALIFIED


DAP WAIT DW RESIDENT DRUG TRMT WAITING
DAP DECL DD RESIDENT DRUG TRMT DECLINED
DAP PART DP RESIDENT DRUG TRMT PARTICIPANT
IRT NT INTENSIVE REFRESHER TREATMENT
DAP COMP DC RES DRUG TRMT COMP/TRANS REQD
DAP INCOMP DI RESIDENT DRUG TRMT INCOMPLETE
DAP FAIL W DF RESIDENT DRUG TRMT FAIL-WITHDR
DAP FAIL E DF RESIDENT DRUG TRMT FAIL-EXPEL
DAP FAIL O DF RESIDENT DRUG TRMT FAIL-OUTCOM

9.7.1. Screening Residential Drug Program Assignments. When an


inmate applies for residential drug abuse treatment, staff conduct
an evaluation to determine whether the inmate meets the admission
criteria. There are four possible outcomes to this evaluation of
eligibility for treatment, which are documented in SENTRY as
follows:

# DAP UNQUAL - An inmate who requests participation in a


residential drug program but does not meet one or more of the
admissions' criteria. Then, staff shall add DAP UNQUAL.
This assignment shall remain active until there is a change
in status (i.e, documentation received supporting a
diagnosis), and the inmate then meets the admissions'
criteria.

# DAP WAIT - An inmate who meets all the admissions'


criteria and needs placement on the waiting list pending
formal participation in the unit-based portion of residential
treatment shall have this assignment added (Note: the
appropriate ELIGIBLE/INELIGIBLE assignment shall be added
concurrently).

# DAP DECL - An inmate who declines to participate in the


residential program prior to the actual start of
participation shall have this assignment added. Four
guidelines apply:
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 8

# When an inmate has applied for residential treatment,


and has not yet been evaluated for treatment
eligibility, but withdraws his/her application, then
staff are to add DAP DECL.

# When an inmate has been deemed eligible for


residential treatment and has been placed on DAP WAIT,
and the inmate subsequently declines the program, staff
should replace DAP WAIT with DAP DECL.

# After an inmate begins participation in residential


treatment, DAP DECL should not be used when an inmate
decides to leave the program (see "DAP FAIL W").

# When an inmate has been determined ineligible for


residential treatment and subsequently withdraws the
application, staff should simply retain DAP UNQUAL as
the correct assignment.

9.7.2. Participation/Termination Residential Program


Assignments

# DAP PART - An inmate who begins participation in a reside


ntial
drug
abuse
treatm
ent
progra
m.
Additi
onal
guidel
ines
apply,
which
follow
:

# The DAP PART assignment shall replace DAP WAIT and


shall remain a current assignment until the inmate ends
participation in the residential program;

# DAP PART shall not be entered until the inmate is


housed in the separate drug treatment unit;

# The DAP PART assignment shall be replaced by one of


the termination assignments below when the inmate ends
participation in the program.

# DAP COMP - An inmate who successfully completes a


residential drug abuse program.
# DAP INCOMP - An inmate who does not complete the
residential drug abuse program for reasons beyond his or her
control.

# DAP FAIL W - An inmate who does not complete the


residential drug abuse program because he or she withdraws
from the program.

# DAP FAIL E - An inmate who does not complete the


residential drug abuse program because of behavior requiring
expulsion.
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 9

# DAP FAIL O - An inmate who completes the unit-based


residential drug abuse program but fails the program at a
later stage. There are three time periods that an inmate can
fail after completion of the unit-based portion of the
residential program:

# An inmate can fail in non-residential transitional


services. When this occurs, NR TS PART shall be replaced by NR TS
FAIL and DAP COMP shall be replaced by DAP FAIL O. If applicable,
ELIGIBLE shall be replaced by INELIGIBLE.

# An inmate can fail in the time period after non-


residential transitional services, but before release
from Bureau custody or transfer to a community-based
program. When an inmate is found guilty of the serious
disciplinary activity identified in Chapter 5, then DAP
FAIL O shall replace DAP COMP, and if applicable,
ELIGIBLE should replace INELIGIBLE.

# An inmate can fail during the course of community


transitional services. In this circumstance, community
corrections staff shall replace TRAN PAR R with TRANS
FAIL, replace DAP COMP with DAP FAIL O, and if
applicable, ELIGIBLE with INELIGIBLE.

# IRT (Special Circumstance) - Staff shall add the IRT


assignment, instead of DAP PART, as the proper participation
assignment for inmates that participated in residential
treatment prior to October 1, 1989. This is for inmates who
wish to supplement their previous treatment to make it
equivalent to recent Bureau residential programs (see Chapter
6). The IRT assignment shall then be followed by the
appropriate termination assignment identified above.

9.8 Assignments for Nonresidential Transitional Services. Non-


residential transitional services is limited to inmates who have
completed the unit-based portion of the residential drug program.

There are only four assignments in this area:

Group
Assignment Code Description

NR TS PART NP NRES DRUG TMT/TS PARTICIPANT


NR TS COMP NC NRES DRUG TMT/TS COMPLETE
NR TS INCM NI NRES DRUG TMT/TS INCOMPLETE
NR TS FAIL NF NRES DRUG TMT/TS FAILURE

# NR TS PART - An inmate who completes the unit-based


segment of the residential phase of treatment shall
immediately begin Non-residential Transitional Services.
Staff shall promptly add this assignment. It does not
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 10

replace DAP COMP, and should be retained as a current


assignment until the inmate ends participation. The
following are the three termination assignments in this
program area:

# NR TS COMP - An inmate who completes non-


residentialtransitional drug abuse programming. This assignment
should be entered only if the inmate has participated in the
program for the required 12 months. There is one exception. If
the inmate cannot participate in the required 12 months because of
a scheduled transfer to a community-based program or release, NR
TS COMP should be entered in SENTRY when the inmate is within
seven days from the furlough transfer date or release.

# NR TS INCM - An inmate who does not complete non-


residential transition drug abuse programming for reasons
beyond his or her control.

# NR TS FAIL - An inmate who is required to complete the


non-residential transitional program but does not do so
because he or she withdraws from the program or is expelled.
9.9 Assignments for Intensive Confinement Center Treatment. ICC
staff are to enter this assignment to alert Community Corrections
staff when an inmate requires transitional drug abuse treatment
services after release from an ICC.

There is only one assignment in this area:

Group
Assignment Code Description

ICC DRUG C ICC DRUG TREATMENT REQUIRED

9.10 Assignments for Transitional Services in the Community.


Community Corrections staff are responsible for entering and
updating all community transitional services assignments, not
institutional DAP staff. The six DRG assignments in this area
include:

Group
Assignment Code Description

TRAN PAR R TP COMMUNITY TRAN SERV PARTIC-REQ


TRAN PAR V TP COMMUNITY TRAN SERV PARTIC-VOL
TRANS COMP TC DRUG TRANS SERVICES COMPLETED
TRANS REMV TF DRUG TRANS SERVIC OTHR REMOVAL
TRANS FAIL TF DRUG TRANS SERVICES FAILURE
TRANS DECL TD DRUG TRANS SERVICES DECLINE

# TRAN PAR R - Inmates who are required to participate in,


and are enrolled in community transitional services shall
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 11

have this assignment added. It remains a current assignment


until the inmate ends participation.

# TRAN PAR V - Inmates who volunteer to participate in, and


are enrolled in community transitional services shall have
this assignment added. It remains a current assignment until
the inmate ends participation.

# TRANS COMP - An inmate who completes community


transitional programming either as a volunteer or as a
requirement. TRANS COMP replaces either TRAN PAR V or TRAN
PAR R.

# TRANS REMV - An inmate who is required, or who volunteers


to participate in community transitional services and does
not complete the program for reasons beyond his or her
control.

# TRANS FAIL - An inmate who is required to participate in


community transitional services and does not complete the
program because he or she withdraws or is expelled.

# TRANS DECL - An inmate who volunteers to participate in


community transitional services and does not complete the
program because he or she withdraws or is expelled.

CCM staff are to ensure that TRANS COMP is entered in SENTRY


before an inmate releases via the 3621(e) mechanism.

9.11 Comprehensive Removal of SENTRY DRG Assignments. Current


DRG assignments provide a snapshot of an inmate's active status in
drug abuse programs. There are two occasions when deletion (DEL)
of all current assignments is necessary. These two circumstances
are when:
# the inmate fails while in a community-based program; or
# the inmate is permanently released from Bureau custody.

However, before deleting all current DRG assignments, staff must


assure that all participation assignments are replaced by accurate
termination assignments so that an accurate record of the inmate's
drug programming history is maintained over time.

When an inmate fails a CCC placement, community corrections staff


shall make proper replacements of current DRG assignments and then
delete all current DRG assignments prior to the inmate's return to
an institution (i.e. replace TRAN PAR R by TRANS FAIL, and then
delete all current assignments). CCM staff shall also replace any
DAP COMP assignment by DAP FAIL O, and if applicable, replace
ELIGIBLE with INELIGIBLE when an inmate fails the community
transitional program.
PS 5330.10
(CN-02) April 23, 1997
Chapter 9, Page 12

Inmates are released from Bureau custody in one of three ways:

# release from an institution to the community,


# release from an institution to a detainer, or
# release from a CCC to the community.

When any of these three types of releases occurs, SENTRY will


automatically delete all current DRG assignments. In the first
two circumstances, institutional staff are responsible for making
needed replacements of current DRG assignments before this
automated deletion occurs. In the latter case, community
corrections staff are responsible for replacements before
automated deletion of SENTRY DRG assignments.

9.12 Other Documentation Requirements. This section describes


how DAP staff are to handle testing of inmates, and provides
specific restrictions to ensure that test materials are not
compromised and that confidentiality of inmate testing records is
maintained.

9.12.1 Test Accountability. An accountability system is vital


to the valid administration, interpretation and use of drug abuse
program testing. The Drug Abuse Treatment Program Coordinator
shall ensure that a test accountability and inventory system is
established to ensure:

# Test materials are not abused, misplaced or stolen;

# Official tests, answer sheets, and other relevant testing


materials shall be stored in a fire-proof safe to prevent any
test security breach;

# A quarterly inventory is conducted to account for all


official test material;
# The suspicion or occurrence of test compromises shall be
immediately reported via telephonic contact and in writing to
the respective Regional Drug Abuse Program Coordinator. If a
breach in test security has occurred, the Regional Drug Abuse
Coordinator shall notify the Central Office National Drug
Abuse Program Coordinator or designee; and

# Completed answer sheets with a version of the test given


shall be filed chronologically and stored in a secure, fire-
proof safe.

9.12.2 Test Administration. Only the Drug Abuse Treatment


Coordinator and/or designated staff shall administer or handle
test material. During test administration, staff must be present
at the testing site until all test and answer sheets have been
returned. Inmates are not permitted, under any circumstances, to
engage in test administration, interpretation, or clerical
handling of test materials.
PS 5330.10
CN-02 April 23, 1997
Chapter 9, Page 13

When the Drug Abuse Treatment Coordinator delegates testing of


either an individual or group, the Coordinator shall ensure that
adequate training and supervision are provided. This training
must address instructions for test administrators to develop
proper rapport; give correct instructions; and adequately answer
reasonable questions raised by inmates. In addition, when testing
is conducted by staff other than Psychology Services staff, the
Drug Abuse Program Coordinator is expected to monitor test
administration procedures and operations.

Drug abuse treatment staff are to record test scores, both


residential and drug education in PDS. This is in addition to
storing both the tests and answer sheets in a secure, fire-proof
cabinet.

The Chief Psychologist is responsible for the above procedures


when there is no Designated Drug Abuse Program Coordinator in an
Institution. When there is no Drug Abuse Program Coordinator or
Chief Psychologist, the Warden shall consult with the Regional
Drug Abuse Treatment Coordinator, if necessary, to designate a
staff member to assure that the above procedures are followed.

9.12.3 Confidentiality of Test Data. Staff shall assure the


security and confidentiality of test materials. Staff shall not
provide inmates with personal copies of test items, instructions,
answer sheets, or raw responses. Test Material include drug abuse
education tests, residential module tests, all commercially
published tests, and other assessment instruments specified by the
DAP Coordinator (e.g., eligibility interview, treatment planning
interview). Staff shall inform inmates about their tests, either
verbally or by a summary report, but not by providing copies of
raw data.

9.12.4 Drug Abuse Education Records. Drug Abuse Education


records and documents generated shall be organized and filed in
the following manner. The Agreement to Participate in Drug Abuse
Education, Certificate of Completion, and Attachment C (Change in
Status) must be filed in section 4 of the inmate central file. A
copy of each of the above documents, attendance records, test
answer sheets, and similar material shall be stored in a folder
for each specific drug education cohort. Psychology Services
Department staff should maintain these folders at all times.

9.12.5 PDS Requirements. PDS is a computerized treatment


documentation and data management system used by Psychology
Services. Drug abuse treatment staff, as members of the
Psychology Services department, are required to use PDS to
document treatment contacts and progress. Management staff can
use PDS data for program monitoring and planning purposes.
PS 5330.10
CN-03 October 09, 1997
Chapter 9, Page 14

Using PDS, psychologists also identify drug abuse treatment


needs, substance abuse diagnoses, and other pertinent information
at the initial psychological screening stage. Drug treatment
staff should use a variety of reports generated through PDS to
identify those in need of treatment.

The Drug Abuse Treatment Coordinator shall ensure that all drug
abuse treatment staff use the PDS to document the following:

(1) individual treatment enrollments and completions;


(2) group treatment enrollments and completions; and
(3) individual treatment plans/progress reviews,
goals and objectives.

Signed treatment plans and raw test data should be kept


separately in a "hard copy" file the Drug Abuse Treatment
Coordinator maintains. (See below and the Program Statement,
Psychology Services Manual, for procedures regarding the handling
and maintenance of clinical records).

9.12.6 Paper Documents. The Drug Abuse Treatment Coordinator is


to maintain the following in "hard copy" files, if applicable:

(1) Signed Agreement to Participate forms (BP-S550.053);


* (2) Copies of memoranda/attachments regarding drug abuse
treatment program status (Attachments C, H, J, K, N,
and O); *
(3) Treatment Summary and Referral Form (BP-S549.053);
(4) Copies of Certificate(s) of Completion;
(5) Signed treatment plans, goals and objectives;
(6) Test/assessment data; and
(7) Copies of the Residential Drug Abuse Treatment Program
Eligibility and Treatment Planning Interviews.

9.12.7 Inmate Central File. The following shall be forwarded


and maintained in the inmate central file as he/she progresses
through various drug abuse programs if applicable:

(1) BP-S550.053 - Copy of signed Agreement to Participate


form; See Attachment B for sample;
(2) Attachment C - Memoranda regarding changes in drug
abuse treatment program status
(originals);
(3) BP-S549.053 - Copy of completed Treatment Summary &
Referral Form (see Attachment D for
sample);
(4) Copies of Certificate(s) of Completion;
(5) Attachment E - Request for Aftercare Stipulation and
accompanying Waiver (BP-S544.053)
(original) (see Attachment F for
sample);
PS 5330.10
CN-03 October 09, 1997
Chapter 9, Page 15

* (6) Attachment H - Notification of Provisional


Determination for 18 U.S.C. 3621(e)
Sentence Reduction;
(7) Attachment J - Notice of Residential Drug Program
Qualification and Provisional 3621(e)
Eligibility;
(8) Attachment K - Final Review of Inmates Provisional
Early Release;
(9) Attachment N - Notification of Instant Offense
Determination; and
(10) Attachment O - Request to Delay Provisional 3621(e)
Release Date. *
PS 5330.10
(CN-02) April 23, 1997
Attachment A, Page 1

ATTACHMENT A
INSTRUCTIONS FOR DETERMINING A "DRG I" ASSIGNMENT

Unit staff are to review the central file and enter an appropriate
"DRG I" assignment in SENTRY for every inmate. This procedure
determines the inmate's status for required Drug Abuse Education
and informs other staff about the result. The file review and
entry of a "DRG I" assignment should be accomplished within 30
days of an inmate's arrival at the institution when:

(1) the inmate arrives at his/her first designated


institution after sentencing, or
(2) the inmate is returned to an institution after a CCC
failure or supervision failure.

In either of these two situations, if there is already a "DRG I"


assignment for the inmate in SENTRY, the assignment should be
replaced by a new "DRG I" assignment based on a new review of the
central file and application of the procedures below.

With the issuance of Change Notice CN-02 to PS 5330.10, the use of


the Drug Use Review/Referral Form (DURRF) is no longer required.
A "DRG I" assignment can be directly added to SENTRY after an
appropriate review of the inmate central file and use of the
instructions listed below.

Answer the following questions about the inmate under review and
enter the proper SENTRY "DRG I" assignment based on those answers.

(1) Was the inmate newly sentenced or did he/she have a


release revoked after September 30, 1991?

# If the answer is "NO", then add "DRG I NONE" to


SENTRY and stop here.
# If the answer is "YES", then go to the next
question.
(2) According to official documents in the central file or
as indicated on SENTRY, was alcohol or drug use one of
the reasons for a violation of supervised release,
parole, or BOP community status (CCC placement) for
which the inmate is now incarcerated?

# If the answer is "NO", then go to the next


question.
# If the answer is "YES", then add "DRG I RQ V" to
SENTRY and stop here.
PS 5330.10
(CN-02) April 23, 1997
Attachment A, Page 2

(3) According to the J&C or other documents from the judge


in this case, did the judge recommend institutional drug
treatment for this inmate?

# If the answer is "NO", then go to the next


question.
# If the answer is "YES", then add "DRG I RQ J" to
SENTRY and stop here.

(4) Is there evidence in the Presentence Investigation that


alcohol or other drug use contributed to the commission
of the instant offense? (See NOTE for explanation.)

# If the answer is "NO", then add "DRG I NONE" to


SENTRY and stop.
# If the answer is "YES", then add "DRG I RQ C" to
SENTRY and stop.
NOTE: Answering question #4 depends upon an inference by the
reviewer, and therefore good judgment must be exercised. The
evidence of a connection between substance use and the crime will
vary from case to case. For example, the subject may have freely
reported that he/she was intoxicated at the time of the offense or
that he/she committed the offense in order to get alcohol/drugs
for his/her own use.

In other cases, the evidence may be more indirect. For example,


a connection could be inferred for an inmate who had robbed banks,
who had no steady employment, and for whom drug paraphernalia had
been found at his/her place of residence. The crimes of drug
possession and distribution by themselves are not sufficient
evidence of drug use.
P.S. 5330.10
May 25, 1995
Attachment B-1, Page 1

AGREEMENT TO PARTICIPATE IN THE BUREAU OF PRISONS DRUG EDUCATION


COURSE

The Federal Bureau of Prisons offers a full range of drug


education and treatment programs for inmates with alcohol and
other drug abuse problems. Bureau of Prisons Staff commit to
providing quality drug abuse programming to inmates who choose to
participate in any one of these program options. Inmates who
choose to participate in any of the Bureau's drug programs must
acknowledge and agree to a number of program rules and policies
prior to admission.

All program participants agree to participate in


classes/counseling/group sessions as designated by the BOP
Psychology and Drug Treatment Staff.

All program participants agree to refrain from any behavior


disruptive to the program or to the participants and staff of the
program.

All program participants agree to complete all tasks as assigned.

All program participants agree to take part in the program


activities, including group work and homework as assigned.

All program participants agree to accept responsibility for not


disclosing inmate information.

All program participants have been informed and understand that


they may be expelled from the program for failure to comply with
program rules and regulations. Ordinarily, immediate expulsion
will result if the participant, pursuant to an incident report is
found by the DHO to have: 1) Used or possessed alcohol or
drugs; 2) Been violent or threatened violence against staff or
another inmate; or 3) committed a 100 series prohibited act.

In addition to the agreements listed above, I understand that if


I am required to participate in drug education, and then if I
withdraw, am expelled, or fail to meet the program requirements,
I will be restricted to the lowest pay grade while in the
institution and I will be prohibited from participation in
community programs unless or until I complete the Drug Education
Course.

I understand and consent to the release of information specified


below by Bureau of Prisons staff to the appropriate U.S.
Probation staff, Community Corrections Staff, and Treatment
Program Staff for the purpose of developing a treatment plan.
P.S. 5330.10
May 25, 1995
Attachment B-1, Page 2
The extent and nature of the information to be disclosed
includes: substance abuse history; drug program assessment
summary; treatment progress; relapse prevention plan; and
recommendations for continued treatment.
AGREEMENT/SIGNATURE

I have read, or have had this document read to me, and I


understand and agree to the rules and regulations for
participation in the treatment option(s) I have initialled in the
box(es) above.

______________________________ ______________________________
Inmate Name Printed Staff Name Printed

______________________________ ______________________________
Inmate Signature Staff Signature

______________________________ ______________________________
Register Number Staff Title

______________________________ ______________________________
Date Date

(END FORM)

(This form may be replicated via WP)


P.S. 5330.10
May 25, 1995
Attachment B-2, Page 1

AGREEMENT TO PARTICIPATE IN THE BUREAU OF PRISONS NON-RESIDENTIAL


DRUG ABUSE TREATMENT SERVICES

Initial the line below for the appropriate non-resident service

Non-residential treatment

Non-residential transition

Non-residential refresher

The Federal Bureau of Prisons offers a full range of drug


education and treatment programs for inmates with alcohol and
other drug abuse problems. Bureau of Prisons Staff commit to
providing quality drug abuse programming to inmates who choose to
participate in any one of these program options. Inmates who
choose to participate in any of the Bureau's drug programs must
acknowledge and agree to a number of program rules and policies
prior to admission.

All program participants agree to participate in


classes/counseling/group sessions as designated by the BOP
Psychology and Drug Treatment Staff.

All program participants agree to refrain from any behavior


disruptive to the program or to the participants and staff of the
program.

All program participants agree to complete all tasks as assigned.

All program participants agree to take part in the program


activities, including group work and homework as assigned.

All program participants agree to accept responsibility for not


disclosing inmate information.

All program participants have been informed and understand that


they may be expelled from the program for failure to comply with
program rules and regulations. Ordinarily, immediate expulsion
will result if the participant, pursuant to an incident report is
found by the DHO to have:
1) Used or possessed alcohol or drugs;
2) Been violent or threatened violence against staff or
another inmate; or
3) committed a 100 series prohibited act.

In addition to the agreements listed and checked above, I


understand that as a participant in non-residential drug
treatment, I may be required to participate in continued
P.S. 5330.10
May 25, 1995
Attachment B-2, Page 2

treatment upon referral to a Community Corrections Center. At


that time, should I agree to participate in continued treatment,
I agree to the release of information, specified below by, Bureau
of Prisons staff.
I understand and consent to the release of information specified
below by Bureau of Prisons staff to the appropriate U.S.
Probation staff, Community Corrections Staff, and Treatment
Program Staff for the purpose of developing a continuing
treatment plan.

The extent and nature of the information to be disclosed


includes: substance abuse history; drug program assessment
summary; treatment progress; relapse prevention plan; and
recommendations for continued treatment.

AGREEMENT/SIGNATURE

I have read, or have had this document read to me, and I


understand and agree to the rules and regulations for
participation in the treatment option(s) I have initialled in the
box(es) above.

______________________________ ______________________________
Inmate Name Printed Staff Name Printed

______________________________ ______________________________
Inmate Signature Staff Signature

______________________________ ______________________________
Register Number Staff Title

______________________________ ______________________________
Date Date
P.S. 5330.10
CN-01, May 17, 1996
Attachment B-3, Page 1

AGREEMENT TO PARTICIPATE IN A BOP RESIDENTIAL


DRUG ABUSE TREATMENT PROGRAM

The Federal Bureau of Prisons offers a full range of drug


education and treatment programs for inmates with alcohol and
other drug abuse problems. Bureau of Prisons staff are committed
to providing quality drug abuse programming to inmates who choose
to participate in any one of these program options. Inmates who
choose to participate in any of the Bureau's drug programs must
acknowledge and agree to a number of program rules and policies
prior to admission.

All program participants agree to participate in


classes/counseling/group sessions as designated by the BOP
Psychology and Drug Treatment Staff.

All program participants agree to refrain from any behavior


disruptive to the program or to the participants and staff of the
program.

All program participants agree to complete all tasks as assigned.

All program participants agree to take part in the program


activities, including group work and homework as assigned.

All program participants agree to accept responsibility for not


disclosing inmate information.

All program participants have been informed and understand that


they may be expelled from the program for failure to comply with
program rules and regulations. Ordinarily, immediate expulsion
will result if the participant, pursuant to an incident report is
found by the DHO to have:

1) Used or possessed alcohol or drugs;

2) Been violent or threatened violence against staff or


another inmate; or

3) Committed a 100 series prohibited act.

4) Committed a prohibited act involving alcohol or drugs


after completing the unit-based segment of the program.

In addition to the agreements listed and checked above, I


understand that, by agreeing to participate in residential drug
abuse treatment, under ordinary circumstances, I will not be
considered for transfer to another institution, including a camp,
during my participation in the residential drug abuse program.
I understand that participation in the residential drug abuse
program does not relieve me of any financial responsibility
legally imposed.
P.S. 5330.10
CN-01, May 17, 1996
Attachment B-3, Page 2

I understand that some of my counseling sessions may be


audio/video taped. I understand these tapes will be used only
for rehabilitative or educational purposes within the program. I
understand that I will continue to be subjected to random drug
abuse testing.

I understand that if I choose to withdraw, or am expelled from


the program:

incentives received while an active program member may be


lost;

any request for re-admission will include a reassessment for


participation;

there will be no consideration for extended CCC placement;


and
I will lose my eligibility for an early release considerat
ion.

I understand and agree to continued transitional drug treatment


services that include:

continued positive behavior and treatment programming upon


my return to general population. Failure to participate in
continued treatment in the institution transition program,
as prescribed by psychology staff, for less than one hour
each month over a period of 12 months will result in my
termination from treatment and loss of incentives previously
and potentially earned;

continued treatment programming upon my return to the


community through transfer to a CCC or on home confinement.
Failure to participate in continued treatment in the
community transition program may result in my return to the
institution, or, at the very least, to local custody; and
I understand that I must be responsible for:

knowing the rules, goals and schedules of my particular


treatment plan;

* attending all scheduled sessions that are assigned to me.


Should I leave prior to the conclusion of the session,
without permission, this is to be considered an absence; *

completing all assignments on time;

actively participating in group sessions. Examples of


* active participation include, appropriate self-disclosure,
and providing feedback; *
P.S. 5330.10
CN-01, May 17, 1996
Attachment B-3, Page 3

working on the goals/objectives of my treatment plan;

being attentive during all individual and group sessions;

keeping all information discussed in group confidential;

following the Bureau of Prisons rules and regulations. When


I incur an incident report because I have failed to follow
rules and regulations, I can be expelled from the program.

I understand that staff may recommend, as a condition of my


supervised release or parole, a stipulation that I receive
continued treatment during the period of such release.

* I understand that if I have been found eligible for an early


release under 18 U.S.C. 3621(e), this eligibility is
provisional, and may change. *

I understand and consent to the release of information specified


below by Bureau of Prisons staff to the appropriate U.S. Parole
Commission staff, U.S. Probation staff, Community Corrections
Staff, and Treatment Program Staff for the purpose of determining
my eligibility for a SPA or for developing a treatment plan.

The extent and nature of the information to be disclosed


includes: substance abuse history; drug program assessment
summary; treatment progress; relapse prevention plan; and
recommendations for continued treatment.
AGREEMENT/SIGNATURE

I have read, or have had this document read to me, and I


understand and agree to the rules and regulations for
* participation in the residential drug abuse treatment program as
described in this agreement to participate. *

_____________________________ _____________________________
Inmate Name Printed Staff Name Printed

_____________________________ _____________________________
Inmate Signature Staff Signature

_____________________________ ______________________________
Register Number Staff Title

_____________________________ _____________________________
Date Date
P.S. 5330.10
May 25, 1995
Attachment B-4, Page 1

AGREEMENT TO PARTICIPATE IN COMMUNITY TRANSITION PROGRAMMING

The Federal Bureau of Prisons offers a full range of drug


education and treatment programs for inmates with alcohol and
other drug abuse problems. Bureau of Prisons Staff commit to
providing quality drug abuse programming to inmates who choose to
participate in any one of these program options. Inmates who
choose to participate in any of the Bureau's drug programs must
acknowledge and agree to a number of program rules and policies
prior to admission.

All program participants agree to participate in


classes/counseling/group sessions as designated by the BOP
Psychology and Drug Treatment Staff and Community Corrections
Staff.

All program participants agree to refrain from any behavior


disruptive to the program or to the participants and staff of the
program.

All program participants agree to complete all tasks as assigned.

All program participants agree to take part in the program


activities, including group work and homework as assigned.

All program participants agree to accept responsibility for not


disclosing inmate information.

All program participants have been informed and understand that


they may be expelled from the program for failure to comply with
program rules and regulations. Immediate expulsion will result
if the participant, pursuant to an incident report is found by
the DHO to have:
1) Used or possessed alcohol or drugs;
2) Been violent or threatened violence against staff or
another inmate; or
3) committed a 100 series prohibited act.
In addition to the agreements listed and checked above, I agree
to a number of program rules and policies prior to admission into
the Community Transition Drug Treatment program.

I agree to participate in individual/group/family/drug and/or


alcohol abuse counseling sessions as designated by the
Transitional Services Manager.

I agree to refrain from disruptive behavior in the CCC or with


other participants and to the treatment program or with
participants or staff.

I agree to complete all tasks assigned. I agree to take part in


program activities, including group work and special assignments.
P.S. 5330.10
May 25, 1995
Attachment B-4, Page 2

I understand that all personal information is kept confidential


with the following exceptions:

a. program staff may release information when there is a risk


of danger to the health and safety of inmates, staff, or
other persons;

b. program staff may release information when there is a threat


to the security or orderly running of the Community
Corrections Center;

c. program staff may release information to the Regional


Transitional Services Manager, Community Corrections Center
staff, United States Probation, and/or other parties to whom
release of information is deemed appropriate, in accordance
with the information to be disclosed listed below.

I understand that expulsion from the program is considered a


program failure and may result in my return to an institution.

I understand that expulsion from the program will result in my


loss of consideration for a 3621 release.

I understand that withdrawal from the program shall be deemed a


program failure and may result in my return to an institution.

I understand and consent to the release of information specified


below by Bureau of Prisons staff to the appropriate U.S.
Probation staff, Community Corrections Staff, and Treatment
Program Staff for the purpose of developing a treatment plan.
The extent and nature of the information to be disclosed
includes: substance abuse history; drug program assessment
summary; treatment progress; relapse prevention plan; and
recommendations for continued treatment.

AGREEMENT/SIGNATURE

I have read, or have had this document read to me, and I


understand and agree to the rules and regulations for
participation in the treatment option(s) I have initialled in the
box(es) above.
______________________________ ______________________________
Inmate Name Printed Staff Name Printed

______________________________ ______________________________
Inmate Signature Staff Signature

______________________________ ______________________________
Register Number Staff Title

______________________________ ______________________________
Date Date
P.S. 5330.10
CN-01, May 17, 1996
Attachment C, Page 1

CHANGE IN DRUG ABUSE TREATMENT PROGRAM STATUS MEMORANDUM

UNITED STATES GOVERNMENT MEMORANDUM

DATE: / /

REPLY TO
ATTN OF:
Unit Manager/Drug Abuse Treatment Coordinator
(see note below**)

SUBJECT: CHANGE IN DRUG ABUSE TREATMENT PROGRAM STATUS

TO: , and
UNIT MANAGER UNIT
DAP COORDINATOR
(see note below**)
TO: in cases of early release
ISM eligibility

,
INMATE REGISTER #

previously agreed to, or is required to participate in:

Drug Education
Non-Residential Drug Abuse Treatment
Residential Drug Abuse Treatment
Transitional Services
Other:

Please note the following change in his/her program status:

He/she declined/has withdrawn/was expelled/failed (circle


one) the program checked above. His/her participation in
the program was voluntary.

He/she declined/has withdrawn/was expelled/failed (circle


one) the program checked above. Program participation is
mandatory for him/her. Please enforce the appropriate
sanctions.

He/she declined/has withdrawn/was expelled/failed (circle


one) the program checked above. HE/SHE WAS ELIGIBLE FOR
EARLY RELEASE CONSIDERATION. Please remove his/her 3621E
projected release date.
P.S. 5330.10
CN-01, May 17, 1996
Attachment C, Page 2

He/she is not eligible for community transitional services.


HE/SHE WAS ELIGIBLE FOR EARLY RELEASE CONSIDERATION. Please
remove his/her 3621E projected release date.

I have discussed this issue with the inmate and I have made the
appropriate SENTRY changes.

COMMENTS: (INCLUDE REASONS FOR EXPULSION OR FAILURE)

Inmate Signature Date


(indicate if inmate refuses to sign)

original: Unit Team (section 4 of the inmate's central file)


copies: Warden
Drug Abuse Treatment Coordinator
Inmate

** When the inmate is participating in the unit-based residential


program, it is the DAP Coordinator's responsibility to forward
Attachment C to the ISM, through the Unit Team. When the inmate
graduates from the unit-based residential program, it is the Unit
Manager's responsibility to forward Attachment C to the ISM, with
a copy to the DAP Coordinator and Warden.**
P.S. 5330.10
May 25, 1995
Attachment D
>>>THIS FORM AVAILABLE ON BOPDOCS<<<
TREATMENT SUMMARY AND REFERRAL CDFRM
BP-S549.053
NOV 94 DRUG ABUSE TREATMENT PROGRAMS
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

TO: (check all that apply)


_____ Community Corrections Manager
_____ Transitional Services Manager
_____ United States Probation Officer
_____ Institutional Drug Abuse Treatment Coordinator
_____ Community Treatment Provider

RE: Name: ________________________________________________

Register No: _________________________________________

Release Status: (check only one)

__ BOP/General Population
__ BOP/CCC Placement
__ Supervised Release
__ Parole
__ No criminal justice hold

TREATMENT SUMMARY NARRATIVE:


(Include course of treatment to date, initial and ongoing assessment
findings, response to treatment, progress in treatment, strengths and
weaknesses)
(This form may be replicated via WP)
BP-S549.053 Page 2

RECOMMENDATIONS FOR FURTHER TREATMENT:

(Include or attach the inmate's relapse prevention plan)

Completed By:
Title:

Institution:

Date: / /

Coordinator's
Signature

Date: / /

(END FORM)
P.S. 5330.10
May 25, 1995
Attachment E , Page 1

REQUEST FOR AFTERCARE STIPULATION


FEDERAL BUREAU OF PRISONS

TO:

Chief U.S. Probation Officer

FROM:

Drug Abuse Treatment Coordinator, Bureau of Prisons

RE: Acquisition of Treatment Condition

is an inmate
currently housed at and is
participating in the residential drug abuse treatment program at
this facility.

We ask that a special condition from the sentencing Judge be


acquired to stipulate treatment for this inmate upon release to
the community.

A treatment condition is important to assure that continuity of


treatment occurs as he/she progresses from the institution to the
community. Enclosed is a waiver from the inmate documenting that
he/she has no objection to a drug abuse treatment aftercare
condition.

If we may be of any further assistance throughout this process,


please do not hesitate to contact us at your convenience.
P.S. 5330.10
May 25, 1995
Attachment F
>>>THIS FORM AVAILABLE ON BOPDOCS<<<

WAIVER OF HEARING TO MODIFY COURT ORDER CDFRM


BP-S544.053
NOV 94 INSTITUTION DRUG ABUSE TREATMENT PROGRAMS
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

UNITED STATES DISTRICT COURT

DISTRICT OF

I have been advised and understand that I am entitled by law to a


hearing and assistance of counsel before any change may be made in my
Court Order. By "assistance of counsel" I understand that I have the
right to be represented at the hearing by counsel. I also understand
that I have the right to request the court to appoint counsel to
represent me at such a hearing at no cost to myself if I am not able
to retain counsel of my own choosing.

I hereby voluntarily waive my statutory right to a hearing and to


assistance of counsel. I also agree to the following modification of
my Court Order: The words "PARTICIPATE IN DRUG TREATMENT" be inserted
as a condition of my release status.

Witness: Signed:
Bureau of Prisons Staff Inmate

Date: Date:

Agreed To: Date:


Chief U.S. Probation Officer

(This form may be replicated via WP)


P.S. 5330.10
May 25, 1995
Attachment G
>>>THIS FORM AVAILABLE ON BOPDOCS<<<

AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATION CDFRM


BP-S202.053
APR 94 INSTITUTION DRUG ABUSE TREATMENT PROGRAMS
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

I, , authorize
(Inmate) (Institution Name)

to disclose to

(Recipients)

all information reasonably necessary to accomplish the stated purpose


including sentencing data (BP-5), classification and progress reports,
medical, and psychiatric reports, and release plans.
(Nature of information)

Disclosure is to be made for the purpose of:

and my authorization is limited to the release of information relevant to


this stated purpose.

I understand that my records are protected under the Federal


Confidentially Regulations and cannot be disclosed without my written
consent unless otherwise provided for in the regulations. I also
understand that I may revoke this consent at any time except to the extent
that action has been taken in reliance on it. In any event, this consent
will cease to be effective after my conditional release from the
institution.

(Inmate Signature) (Witness Signature)

(Date) (Title)

Record Copy - Inmate Central File; Copy - Inmate


(This form may be replicated via WP) This form replaces BP-202(53) dated May 1978
PS 5330.10
CN-03 October 09, 1997
Attachment H, Page 1

FEDERAL BUREAU OF PRISONS


*
NOTIFICATION OF PROVISIONAL DETERMINATION FOR 18 U.S.C. 3621(e) SENTENCE
REDUCTION
*

MEMORANDUM FOR:
ISM

THRU:
WARDEN DATE

SUBJECT:
INMATE REG. NO.

FROM:
DAP COORDINATOR

The above named inmate entered the unit-based segment of the residential
drug abuse treatment program on / / date. This inmate will
complete (has completed) the requirements of the unit-based segment of the
residential program on / / date.

* This memorandum serves to notify you of the inmate's admittance into the
unit-based component of the residential drug abuse treatment program and of
his/her provisional eligibility for a sentence reduction under 18 U.S.C.
3621(e).

Please adjust the inmate's current projected release date to reflect a


provisional 18 U.S.C. 3621(e) release date. This adjusted 3621(e) date
is provisional, and may change. *

cc: Unit Team


PS 5330.10
CN-03 October 09, 1996
Attachment J, Page 1

NOTICE OF RESIDENTIAL DRUG ABUSE PROGRAM QUALIFICATION AND


PROVISIONAL 3621(e) ELIGIBILITY

TO: REG NO:

FROM: INSTITUTION:

TITLE: DATE:

SECTION 1 - RESIDENTIAL DRUG ABUSE PROGRAM QUALIFICATION

YOU HAVE REQUESTED PARTICIPATION IN THE BUREAU'S RESIDENTIAL DRUG* ABUSE


TREATMENT PROGRAM. MY REVIEW OF YOUR CASE INDICATES THAT YOU DO/DO NOT
MEET THE ADMISSIONS CRITERIA FOR THE RESIDENTIAL DRUG ABUSE PROGRAM. IT
APPEARS THAT YOU DO/DO NOT QUALIFY TO PARTICIPATE IN THE RESIDENTIAL
PROGRAM. (IF THE INMATE IS FOUND TO NOT QUALIFY, STATE THE REASON(S)
BELOW).
*

Comments:
PS 5330.10
CN-03 October 09, 1997
Attachment J, Page 2

SECTION 2 - PROVISIONAL 3621(E) ELIGIBILITY - TO BE COMPLETED ONLY IF THE


INMATE HAS COMPLETED OR QUALIFIES FOR THE RESIDENTIAL DRUG ABUSE TREATMENT
PROGRAM.

FOR RESIDENTIAL DRUG ABUSE TREATMENT PROGRAM GRADUATES TO BE ELIGIBLE FOR


EARLY RELEASE, THEY MUST (DAPC must initial):

NOT BE AN INS DETAINEE.

NOT BE A PRE-TRIAL INMATE.

NOT BE A CONTRACTUAL BOARDER.

NOT BE AN "OLD LAW" INMATE.

* NOT HAVE A CURRENT CRIME THAT IS AN EXCLUDING OFFENSE IN BOP


CATEGORIZATION OF OFFENSES POLICY (Mark an X in the appropriate
block below).

___ NOT A CRIME OF VIOLENCE AS CONTAINED IN BOP


CATEGORIZATION OF OFFENSES POLICY.

___ NOT AN EXCLUDING CRIME BY THE DIRECTORS


DISCRETION IN CATEGORIZATION OF OFFENSES POLICY

__ NOT HAVE ANY PRIOR FELONY OR MISDEMEANOR ADULT


CONVICTION FOR HOMICIDE, FORCIBLE RAPE, ROBBERY,
AGGRAVATED ASSAULT, OR SEXUAL ABUSE OF CHILDREN.

UNDERSTAND THAT NEARING THE TIME OF YOUR RELEASE, THE WARDEN WILL
DETERMINE IF YOU ARE ELIGIBLE FOR TRANSFER TO A COMMUNITY-BASED
PROGRAM. IF YOU ARE NOT ELIGIBLE, YOU CANNOT COMPLETE THE
COMMUNITY TRANSITIONAL SERVICES PORTION OF THE DRUG PROGRAM, AND
THEREFORE, YOU MAY NOT RECEIVE A 3621 (e) RELEASE.
MY CURRENT ASSESSMENT, IN CONSULTATION WITH YOUR UNIT TEAM, IS THAT IT
DOES / DOES NOT APPEAR THAT YOU ARE PROVISIONALLY ELIGIBLE FOR AN EARLY
RELEASE. IF NOT, LIST ALL THE REASON(S):

Comments:
_______________________________________________________________

IF APPLICABLE, I UNDERSTAND THAT A DETERMINATION OF EARLY RELEASE FOR ME IS


PROVISIONAL, MAY CHANGE, AND DEPENDS ON CONTINUED POSITIVE BEHAVIOR AND
SUCCESSFUL PARTICIPATION IN ALL COMPONENTS OF THE PROGRAM, INCLUDING
COMMUNITY TRANSITIONAL SERVICES. *
INMATE'S SIGNATURE _____________________
(indicate if refused to sign)

cc: Drug Abuse Treatment File


Unit Team (place in section 4 of inmate central file)
PS 5330.10
CN-03 October 09, 1997
Attachment K, Page 1

FINAL REVIEW OF INMATES PROVISIONAL EARLY


RELEASE

Inmate Name: Reg No:

Institution: Date:
Instructions: Circle YES, NO, or N/A below. If any answers are circled in the left hand
column you may stop the review. Any circles appearing in the left hand column indicate the
inmate shall not receive a provisional early release.

Indicates Indicates
Ineligible Eligible

1. Does the inmate have any past adult


convictions for homicide, aggravated
assault, forcible rape, robbery or
sexual abuse of children? YES NO

2. Has the inmate successfully completed


the unit-based component of the
drug abuse program separated from
the general population for a period
no less than six months/180 days? NO YES
(if inmate has a medical/physical
disability and meets the exception
criteria, circle yes.)

3. Has the inmate participated in the


institution transitional services
program component of the drug abuse NO YES
treatment program as appropriate?

4. Is the inmate an INS Detainee? YES NO

5. Is the inmate a pretrial inmate? YES NO

6. Is the inmate a contractual boarder? YES NO


(D.C., state, or military boarders in
federal facilities)

7. Is the inmate serving a sentence under


18 U.S.C. Chapter 227, "new law"? NO YES

8. Is the inmate's current offense an excluding


crime (If yes, mark an "X" in one of the three blocks)

A. BOP Categorization of Offenses


Crime of Violence ________________
Director's Discretion _______________ YES NO or N/A
B. Definition of Term,
Crimes of Violence _____________ YES NO or N / A *

9. Has the inmate been found guilty of a 100


level incident report since his/her
completion of the unit-based component
of the drug abuse treatment program? YES NO

Note to Unit Team Staff: Questions 8 (A) and 8 (B) are mutually exclusive. For example, if
the answer to question 8 (A) is no, then the answer to question 8 (B) must be not applicable,
and vice versa. Therefore, an inmates instant offense can be evaluated by either the Crimes
of Violence Program Statement, or the Categorization of Offenses Program Statement, not both
(see Chapter 6.6).
PS 5330.10
CN-03 October 09, 1997
Attachment K, Page 2
Indicates Indicates
Ineligible Eligible
10. Has the inmate been found guilty of an
incident report involving alcohol/drugs,
violence/threats since completion of
unit-based portion of drug program? YES NO

11. If the inmate has a detainer,


does he/she meet the early
release requirement as stated
in Section 6.1 of PS 5330.10. NO YES or N/A
12. Has
the inmate been found eligible for
community programs -- Community
Corrections Center/Home Confinement
Placement? (if item 11 is yes, circle NO YES or N/A
not applicable for this question)

If not eligible for community placement, state reason: (only if item 12 is no):

_____________________________________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________

If eligible for community placement, indicate length of time approved (days or


months):

_____________________________________________________________________________________________
_____________________________________________________________________

13. HAVE ALL THE CRITERIA FOR PROVISIONAL


EARLY RELEASE UNDER 3621(E) BEEN MET? NO YES

____________
DAP Coordinator's Signature Date

Unit Manager's Signature Date

Case Management Coordinator's Signature Date

Warden's/Superintendent's Signature Date

NOTE: Ordinarily, the Unit Manager or designee shall begin the routing process by submitting
Attachment K to the institution drug abuse treatment coordinator. The drug abuse treatment
program coordinator shall conduct an immediate review of questions 1, 2 and 3, circle the
appropriate answers, sign and date the form, and return the form to the Unit Manager or
designee for completion of the review. The Unit Manager or designee is responsible for
completing all other questions (including question 13) before routing Attachment K to the CMC
and Warden.

Original: ISM (signed copy with Warden's signature).


Copy: File in section 5, inmate Central file, release processing section.
PS 5330.10
CN-03 October 09, 1997
Attachment M, Page 1
LISTING OF DRG ASSIGNMENTS
Group
Assignment Code Description

ASSIGNMENTS FOR INITIAL SCREENING

DRG I RQ V IR DRG INTRV REQD: VIOLATION


DRG I RQ J IR DRG INTRV REQD: JUD RECOMMEND
DRG I RQ C IR DRG INTRV REQD: CONTRB TO OFF
DRG I NONE IN NO DRUG INTERVIEW REQUIRED

ASSIGNMENTS FOR REQUIRED DRUG ABUSE EDUCATION

ED EXEM EE DRUG EDUCATION EXEMPT


ED WAIT R EW DRUG EDUCATION WAIT-REQUIRED
ED DECL R ED DRUG EDUCATION DECLINE-REQ
ED PART R EP DRUG EDUCATION PARTICIPATION-REQ
DRG E COMP EC DRUG EDUCATION COMPLETED
ED INCOM R EI DRUG EDUCATION INCOMPLETE-REQ
ED FAIL R EF DRUG EDUCATION FAIL-REQUIRED

ASSIGNMENTS FOR VOLUNTARY DRUG ABUSE EDUCATION

ED WAIT V EW DRUG EDUCATION WAIT-VOLUNTEER


ED DECL V ED DRUG EDUCATION DECLINE-VOL
ED PART V EP DRUG EDUCATION PARTICIPATION-VOL
DRG E COMP EC DRUG EDUCATION COMPLETED
ED INCOM V EI DRUG EDUCATION INCOMPLETE-VOL
ED FAIL V EF DRUG EDUCATION FAIL-VOLUNTEER

ASSIGNMENTS FOR NONRESIDENTIAL DRUG ABUSE COUNSELING

NR PART NP NRES DRUG COUNSEL PARTICIPANT


NR COMP NC NRES DRUG TMT/COMPLETE
NR DIS NI NRES DRUG TMT/DISCONTINUED
NR FAIL NF NRES DRUG TMT/FAIL
ASSIGNMENTS FOR REVIEW OF EARLY RELEASE ELIGIBILITY

ELIGIBLE R 18 U.S.C. 3621 RELEASE ELIGIBLE


* INELIGIBLE R 18 U.S.C. 3621 RELEASE INELIGIBLE *

ASSIGNMENTS FOR RESIDENTIAL DRUG ABUSE TREATMENT PROGRAM

DAP UNQUAL DU RESIDENT DRUG TRMT UNQUALIFIED


DAP WAIT DW RESIDENT DRUG TRMT WAITING
DAP DECL DD RESIDENT DRUG TRMT DECLINED
DAP PART DP RESIDENT DRUG TRMT PARTICIPANT
IRT NT INTENSIVE REFRESHER TREATMENT
DAP COMP DC RES DRUG TRMT COMP/TRANS REQD
DAP INCOMP DI RESIDENT DRUG TRMT INCOMPLETE
DAP FAIL W DF RESIDENT DRUG TRMT FAIL-WITHDR
DAP FAIL E DF RESIDENT DRUG TRMT FAIL-EXPEL
DAP FAIL O DF RESIDENT DRUG TRMT FAIL-OUTCOM
PS 5330.10
CN-03 October 09, 1997
Attachment M, Page 2

LISTING OF DRG ASSIGNMENTS (CONTINUED)

ASSIGNMENTS FOR NONRESIDENTIAL TRANSITIONAL SERVICES

NR TS PART NP NRES DRUG TMT/TS PARTICIPANT


NR TS COMP NC NRES DRUG TMT/TS COMPLETE
NR TS INCM NI NRES DRUG TMT/TS INCOMPLETE
NR TS FAIL NF NRES DRUG TMT/TS FAILURE

ASSIGNMENTS FOR INTENSIVE CONFINEMENT CENTER TREATMENT

ICC DRUG C ICC DRUG TREATMENT REQUIRED

ASSIGNMENTS FOR TRANSITIONAL SERVICES IN THE COMMUNITY

TRAN PAR R TP COMMUNITY TRAN SERV PARTIC-REQ


TRAN PAR V TP COMMUNITY TRAN SERV PARTIC-VOL
TRANS COMP TC DRUG TRANS SERVICES COMPLETED
TRANS REMV TF DRUG TRANS SERVIC OTHR REMOVAL
TRANS FAIL TF DRUG TRANS SERVICES FAILURE
TRANS DECL TD DRUG TRANS SERVICES DECLINE
_______________________________________________________________

The following is a complete listing of all the DRG Assignments added by


Change Notice 2.

DRG I RQ V IR DRG INTRV REQD: VIOLATION


DRG I RQ J IR DRG INTRV REQD: JUD RECOMMEND
DRG I RQ C IR DRG INTRV REQD: CONTRB TO OFF
DAP UNQUAL DU RESIDENT DRUG TRMT UNQUALIFIED
NR TS PART NP NRES DRUG TMT/TS PARTICIPANT
NR PART NP NRES DRUG COUNSEL PARTICIPANT
ED INCOM V EI DRUG EDUCATION INCOMPLETE-VOL
NR FAIL NF NRES DRUG TMT/FAIL
DAP FAIL O DF RESIDENT DRUG TRMT FAIL-OUTCOM
NR TS INCM NI NRES DRUG TMT/TS INCOMPLETE

The following is a complete listing of all DRG Assignments removed by


Change Notice 2.

DRG I REQD IR DRG INTRV REQD


NR INDIV N I NRES DRUG TMT/INDIV COUNSEL
NR GROUP NG NRES DRUG TMT/GROUP COUNSEL
NR TS IND N IT NRES DRUG TMT/INST TS INDIV
NR TS GRP NG T NRES DRUG TMT/INST TS GROUP
NR IND GRP NGI NRES DRUG TMT/IND & GROUP COUN
NR TIG NGIT NRES DRUG TMT/INST TS IND & GRP
PS 5330.10
CN-03 October 09, 1997
Attachment N, Page 1

(NOTIFICATION OF INSTANT OFFENSE DETERMINATION)

DATE: ________________________

REPLY TO: ________________________ (DAPCs Name)

TO: ________________________ (Unit Managers Name)

SUBJECT: ________________________ (Inmates Name)

________________________ (Reg. No.)

PART 1 - INSTANT OFFENSE DETERMINATION


Instructions: Please mark an "X" in either response I or response II, and
then go to Part 2 on the back.

______ I. The inmates instant offense is a crime that excludes


him or her from early release under 18 U.S.C. 3621(e). (If
response I requires an "X", then also place an "X" in either
item A or B).

______ A. Crime of Violence as contained in the


Categorization of Offenses Program Statement.

______ B. Crime listed under the Directors Discretion as


contained in the Categorization of Offenses Program
Statement.

______ II. The inmates instant offense is not a crime that


excludes him or her from early release under 18 U.S.C.
3621(e).

SEE PART 2 ON BACK


PS 5330.10
CN-03 October 09, 1997
Attachment N, Page 2

PART 2. OTHER CRITERIA

Instructions: (Please mark an "X" in front of each true statement).

______ 1. Inmate is not an INS Detainee.

______ 2. Inmate is not a Pretrial Inmate.

______ 3. Inmate is not a Contractual Boarder.

______ 4. Inmate is not an "old law" inmate.

Explanation or other pertinent Information (e.g. inmate is both old law and
new law)
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________

After Parts 1 and 2 are completed, sign and date the form, and return it to
the DAPC as soon as possible.

Unit Manager (or designee) _______________________


Date of Review____________________________________

original: Drug Abuse Treatment File


copy: Unit Team (place in section 4 of Inmate Central File)
PS 5330.10
CN-03 October 09, 1997
Attachment 0

REQUEST TO DELAY PROVISIONAL 3621(e) RELEASE DATE/NOTIFICATION TO INMATE

DATE: / /

FROM:
(Name and Title)
CCM/Drug Abuse Treatment Coordinator

SUBJECT: REQUEST FOR DELAY OF PROVISIONAL 3621(e) DATE

TO:
ISM
,
INMATE REGISTER #

Inmate ____________ was required to participate in community transitional


services prior to 3621(e) release. This inmate has been returned from a
community-based program before completion because ______________ (cite
reason).

The current provisional 3621(e) release date for this inmate is


___/_______/____.

His/Her provisional 3621(e) release date must be delayed for _________ days
in order to _____________. Please adjust his/her release date in SENTRY.

original: Unit Team (section 4 of the inmate's central file)


copies: Warden
Inmate
Program Statement 7310.04

MINT Referrals

Female inmates are eligible to enter the program at the CCC generally during their last
two months of pregnancy. After birth, the mother is allowed three additional months to
bond with the child. The mother shall then be returned to an institution to complete her
sentence. If she is eligible for prerelease services, she may remain at that facility only if
she is going to be supervised in that judicial district.

The CEO may approve early or extended placements with a recommendation by the
treating obstetrician and Clinical Directors concurrence. A placement extending beyond
180 days requires the Regional Directors approval. Direct court commitments shall have
a secondary designation noted on the Inmate Load and Security/Designation form (BP-
337). This shall be used to determine the institution responsible for the inmate's medical
expenses while she is confined in the MINT Program. Authority to pay immediate post-
natal care of the child born to an inmate while in custody is derived from administrative
discretion when the Bureau finds itself responsible for the cost by default (no other
resources can be compelled to pay). It is reasonable that the Bureau provides for the
childs medical expenses for the first three days after routine vaginal birth or up to seven
days for a Cesarean section.

Prior to the birth, the mother must make arrangements for a custodian to take care of the
child. At this time, the CEO shall ensure the person or agency taking custody of the child
is also asked to be responsible for medical care costs beyond three days after birth.
(Note: This may be extended by the Regional Director for an additional seven days for
extenuating circumstances on a case-by-case basis.) The person(s) receiving custody of
the child should sign a Statement of Responsibility for medical care costs, clearly
indicating that the signing party accepts financial responsibility. Unit Management staff
are responsible for obtaining this statement, and forwarding copies to the Health Services
Administrator (HSA) for placement in the HSA's outside hospitalization file and to the
Controller (see the Sample Statement of Responsibility (Attachment D)).

Health Services staff shall confirm an inmate's pregnancy and evaluate her medical
condition. Health Services staff shall indicate whether CCC placement is medically
appropriate and document this on the Medical Evaluation for Transfer of Inmates
to CCC Type Facility (BP-351) which shall be forwarded to the Unit Team.

When the Unit Team has concerns regarding the appropriateness of a CCC placement
(such as criminal history, severity of current offense), procedures will be followed
according to Section 10.i.(2),
Limitations on Eligibility for All CCC Referrals.

The following CCC referral guidelines apply in addition to the guidelines provided for
regular referrals:
(1) The inmate must be pregnant upon commitment with an expected delivery date prior
to release.
(2) The inmate or guardian must assume financial responsibility for the child's care,
medical and support, while residing at the CCC. Should the inmate or the guardian be
unable or unwilling to bear the child's financial cost, the inmate maybe transferred back
to her parent institution.
(3) An inmate who becomes pregnant while on furlough, or has more than five years
remaining to serve on her sentence(s), or plans to place her baby up for adoption shall not
be referred for MINT placement.

Referrals to CCMs should state a specific date of placement. This date should be
approximately two months prior to the inmate's expected delivery date. The CCC's
Terminal Report should fully describe the inmate's experience in, and reaction to, the
MINT Program. It should also summarize counseling received in the program and
include follow- up medical or program recommendations for the institution to
facilitate the inmate's transition. Inmates in need of foster care placement assistance shall
be referred to the institution social worker, or if the institution does not have a social
worker, staff shall contact a social worker in the community for foster care placement
assistance.

LIMITATIONS ON ELIGIBILITY FOR ALL CCC REFERRALS.


Inmates in the following categories shall not ordinarily participate in CCC programs:
a. Inmates who are assigned a "Sex Offender" Public Safety Factor.
b. Inmates who are assigned a "Deportable Alien" Public Safety Factor.
c. Inmates who require inpatient medical, psychological, or psychiatric treatment.
d. Inmates who refuse to participate in the Inmate Financial Responsibility Program.
e. Inmates who refuse to participate, withdraw, are expelled, or otherwise fail to meet
attendance and examination requirements in a required Drug Abuse Education Course.
f. Inmates with unresolved pending charges, or detainers, which will likely lead to
arrest, conviction, or confinement.
g. Ordinarily, inmates serving sentences of six months or less.
h. Inmates who refuse to participate in the Institution Release Preparation Program.
i. Inmates who pose a significant threat to the community.

These are inmates whose current offense or behavioral history suggests a substantial or
continuing threat to the community. Examples are inmates with repeated, serious
institution rule violations, a history of repetitive violence, escape, or association with
violent or terrorist organizations. To determine whether an inmate poses a significant
threat, a number of factors must be considered. The key consideration is public safety
when assessing the inmate's proclivity for violence or escape against their placement
needs. A waiver of the Public Safety Factor is not required for inmates transferred via
unescorted transfer to CCC placements.
Ordinarily, inmates with a single incident of violence should not automatically be
excluded from CCC placement. As noted earlier, clearly dangerous inmates should be
excluded from CCC placement.
(1) When there exists a basis for significant doubt regarding whether the inmate
currently poses a threat to the community, the Warden should consider contacting the
Chief USPO in the release district (see the Sample letter (Attachment A)) to seek
guidance on the referral's appropriateness. A copy of this letter shall be maintained in the
Inmate Central File.
(2) When an inmate is excluded under this subsection, a memorandum, signed by the
Warden, shall be prepared and placed in the Inmate Central File to explain the rationale
for exclusion from CC Programs.
j. Inmates whose admission and release status is pretrial, holdover, or detainee.
Federal Bureau of Prisons

presentation by:

David Merchant
Assistant Federal Defender
Billings, Montana
Two Questions
- How much time am I going to do?

- Where am I going to do my time?


Time Computation
The BOP is solely responsible for
calculating federal terms of
imprisonment.

See United States v.Wilson, 503 U.S.


329 (1992).
Time Computation
Title 18 U.S.C. 3585(a) dictates that [a]
sentence to a term of imprisonment
commences on the date the defendant is
received in custody awaiting transportation
to, or arrives voluntarily to commence
service of sentence at, the official detention
facility at which the sentence is to be
served.
Time Computation
Good conduct time is credited at 54
days per year, pro rated, pursuant to
PS 5884.03. In reality, the BOP gives
your client 47 days per year after the
first years credit.

This calculation has been upheld by the


US Supreme Court. Barber v. Thomas,
130 S. Ct. 2499 (2010)
Time Computation
So while the statute calls for an inmate to
serve 85% of the sentence imposed, the
BOP credits the amount of time actually
served. So, the BOP makes the inmate
serve approximately 87.5% of their time.

For instance, on a 60 month sentence, the


maximum good time credit is 235 days
instead of 270 days and on a 120 month
sentence, the maximum good time credit is
470 days not 540 days.
Time Computation
Your client must have a sentence of
one year and a day to qualify for good
time.

12 months equals 365 days served.

12 months and a day equals 318 days.


Concurrent versus
Consecutive Time
18 U.S.C. 3585 governs the amount of jail time
credited to a federally sentenced inmate.
Defendant shall be given credit toward the
service of a term of imprisonment time he has
spent in office detention prior to the date the
sentence commences - - (1) as a result of the
offense for which the sentence was imposed...
that has not been credited against another
sentence. 18 U.S.C. 3585(b). (Emphases
added)
Concurrent versus
Consecutive Time
While case law holds that the Attorney
General through the Bureau of Prisons
possesses the sole authority to make
credit determinations pursuant to 18
U.S.C. 3585(b)
[United States v. Whaley 148 F. 3d 205
(2nd Cir. 1998)]
Concurrent versus
Consecutive Time
Circuit Courts have also held that district courts
have concurrent authority to grant credit for time
served in official detention as the deletion of all
references to Attorney General in 3585
manifested congressional intent to withdraw the
Attorney Generals exclusive authority.
See United States v. Beston, 936 F. 3d 361 (8th
Cir. 1991) rehearing denied 1991 US App LEXIS
28427.
Concurrent versus
Consecutive Time
With that said, the Bureau of Prisons
would never know to give a client the
complete credit he is due because they
would never know about the previous
days of jail time that the client served
in state custody on the same matter.
Federal Bureau of Prisons
Institutions
Facilities
The BOP consists of 115 institutions, 6
regional offices, a Central Office
(headquarters), 2 staff training centers,
and 28 community corrections offices.
As of August 12, 2010, the BOP housed
211, 011 inmates throughout their system.
Security Levels
Minimum
Known as Federal Prison Camps
Usually near a larger institution or military
base
Low staff to inmate ratios
Inmates typically work at the larger
institution or military base
Very low risk of assault or escape.
Security Levels
Low
Fenced facility.
BOP programs and work
(UNICOR) stressed.
Security Levels
Medium -
Significantly more secured than a
Low
Monitored/controlled movement of
inmates
Cell housing rather than dormitory.
Security Levels
High
Penitentiaries
Highly secured facility
Close control of inmates movement
and programming
Long term incarcerations.
Security Levels
Admin
facilities that have special missions,
i.e. medical, transfers, treatment
programs (STOP), dangerous/escape-
prone inmates, security risks, i.e. death
row or terrorists/gang members.
Inmate Security Designation and
Custody Classification Policy

MEN WOMEN
Minimum: 0 - 11 points Minimum: 0 - 15 points
Low: 12 - 15 points Low: 16 - 30 points
Medium: 16 - 23 points [no Medium]
High: 24 or more points High 31 or more points
Inmate Security Designation and
Custody Classification Policy
The scoring matrix for security
classification takes into account
a multitude of factors of our
clients to determine the
appropriate security
classification.
Inmate Security Designation and
Custody Classification Policy
Criminal History Score
Age
Education
Drug/Alcohol Abuse
Living Skills
Program Participation
Family/Community Ties
Violent Behavior
Deportable Alien
DESIGNATION
All designations and time computations now
take place at the Designation and Sentence
Computation Center (DSCC) in Grand
Prairie, Texas.

(972) 352-4400.

See Program Statement 5100.08.


Designation
Prior to a designation occurring, the
DSCC must receive all sentencing
material regarding the offender for
consideration.
These documents are processed and
received from the sentencing Court,
U.S. Probation Office, and the U.S.
Marshals Service.
Designation
Bureau attempts to designate inmates to facilities
commensurate with their security and program
needs within a 500-mile radius of their release
residence
If an inmate is placed at an institution that is more
than 500 miles from their release residence,
generally, it is due to specific security,
programming, or population concerns.
When an inmate is referred for a re-designation
transfer, these same criteria are applied in making
a decision for transfer to a new facility.
Inmates are designated
or re-designated based on:
the level of security and staff
supervision the inmate requires
the level of security and staff
supervision the institution provides
the medical classification care level of
the inmate and the care level of the
institution
Inmates are designated
or re-designated based on:
the inmate's program needs (e.g., treatment,
educational/vocational training, individual
and/or group counseling, medical/mental
health treatment), and
various administrative factors (e.g.,
institution bed space capacity; release
residence; judicial recommendations;
separation needs; and security measures
needed to ensure protection of victims,
witnesses, and the general public).
Inmates are designated
or re-designated based on:
any request for transfer must originate with
an inmate's institution Unit Team at his or
her current facility
The DSCC evaluates referrals submitted by
institution staff and makes decisions based
on the information provided by the institution
Inmates are encouraged to work closely with
members of their institution Unit Team to
determine if transfer to a facility closer to
their release residence may be possible
Designation

Accomplished in two parts


Determine Security Level
Determine Public Safety
Factors
Criminal History Score
The clients The ranges are:
criminal history Category I = 0 points
score is now used Category II = 2 points
in the Security
Level Calculation Category III = 4 points
in lieu of Types of Category IV = 6 points
Prior Category V = 8 points
Commitments. Category VI = 10 points
Criminal History Score
The BOP looks first to the
Judgment
If it is not in the Judgment,
BOP then looks to the PSR
If not listed in Judgment or
PSR, BOP may calculate this
score on their own.
Criminal History Score
It is imperative that you do
not let the BOP score this on
their own as there is no guide
for how related conduct is
scored and crimes that would
have been grouped together
will more than likely be
scored individually.
Age of Client now a Factor
24 years or less = 8 points
25 through 35 = 4 points
26 through 54 = 2 points
55 and over = 0 points
If the inmates age is unknown, a
default score of 4 will be given.
Education Factor
Verified high school = 0 points
diploma or GED
Enrolled in, making
satisfactory progress in = 1 point
GED program
No verified high school
degree/GED and not
participating in GED
= 2 points
program
Drug/Alcohol Abuse History
Never or more than 5 years = 0 points
Within the last 5 years = 1 point

Drug or alcohol abuse history includes


convictions, supervision violations, positive
drug test, arrests, rehab or detox, or an
inmates self-report of use.
Residential Drug & Alcohol Program
To qualify for the RDAP program the inmate
must have a drug or alcohol problem within
the last year (as verified in the PSR
Even then, if the inmate has had any drug or
alcohol treatment or counseling, it may
preclude them from entry into the program.
In-patient counseling, post-conviction and
prior to sentencing is used to exclude the
inmate from the program.
Residential Drug & Alcohol Program
the LIE - Legal Instrument Examiner
deducts time served and statutory good time
to see if the inmate has enough time to
complete the program.
So a client who gets a 24 month sentence
and has 6 months in jail at the time of
sentencing most likely will not get the RDAP
program because their time is too short to
complete the program.
Residential Drug & Alcohol Program
The program typically takes 8 to 10 months
to complete.
it could take up to 3 months from the date of
sentencing to have the client designated
and transferred to the designated facility
once the client arrives at the designated
facility it may take up to 3 months before
they have their TEAM meeting and/or see
the LIE or their case manager to even get
placed on the waiting list for the program.
Modified Custodial Classifications
Psychological Stability discontinued
Responsibility Demonstrated replaced
with Living Skills and Program
Participation
Family/Community Ties clarified - gives
points to those inmates who do not receive
visits or participate in institutional programs
(i.e. toys for tots, Special Olympics).
PSF for Violent Behavior modified
PSF for Deportable Alien clarified
Determine Security Level
Is there a detainer
Severity of current offense
Release date
Criminal history score
History of escapes or violence
presentence status -- (on bond?)
Determine Public Safety Factors
Disruptive Group:
Any inmate who has been confirmed to
be a member of a disruptive group (as
identified by the BOP) shall be housed
in a high security facility.
Determine Public Safety Factors
Greatest severity offenses:
Conviction for; aircraft piracy, arson,
assault, car jacking, serious drug
offenses, escape, espionage,
explosives, homicide, robbery, sexual
offenses, exporting sophisticated
weaponry, threatening a governmental
official.
Determine Public Safety Factors

Deportable alien.
More than 10 years remain on
sentence.
Serious escape.
Determine Public Safety Factors

Violent behavior.
Prison disturbance.
Juvenile violence.
Documents Needed for Designation

BP 129 - US Marshal form - Gives


separations, aliases, gang affiliations.
Judgment & Commitment - Gives length of
sentence and supervised release, must
state concurrent or consecutive sentence (if
silent the BOP will treat as consecutive)
gives recommendations as to programming
and/or facility.
PSR -- MOST IMPORTANT for BOP
Presentence Report
Three versions
draft original
revised - attorney revisions
amended - court revisions after sentencing

Most judges will not amend a PSR unless it effects


the guideline calculation. This is contrary to both
the law and policy as the PSR goes into the matrix
for determination of classification, eligibility for
programs (employment, RDAP, education),
medical treatment, release plans as well as
visitation eligibility.
PSR Attorneys Be Aware
Be aware of medical issues that effect
clients ability to function in prison. (must
now have documentation - provide it to PSR
writer to be included in report)
Be aware of any escapes or FTA = could
be scored as Crime of Violence
Be aware of crimes of violence that did not
result in convictions
PSR Attorneys Be Aware
Be aware of any references to
homosexuality
Be aware of any gang references as well as
tattoos listed - confirm with client
Be aware that juvenile history (crimes,
sexual behavior, educational reports, mental
health evaluations) will be used to increase
security levels
PSR Attorneys Be Aware
Keep in mind your clients release plan
(address listed on cover page). If your client
wants to release (halfway house) to a
different area than that listed in the PSR,
you should have some connection to that
preferred location in the PSR (i.e. aunt Betty
lives in Atlanta) and, if possible, have some
other ties to release location such as a job
opportunity or rehabilitative service.
PSR Attorneys Be Aware
You must list all substance abuse
issues in the PSR. If there is no history
of substance abuse, client will be
denied RDAP. Besides drugs, BOP
also looks at other addictions i.e.
alcohol and gambling work... shopping
and sex, not so good.
PSR Attorneys Be Aware

If client speaks Spanish, RDAP


is in offered in the Spanish
language at FCI Miami and FPC
Montgomery.
But -- an ICE detainer will
prevent participation.
Detainers
A detainer will increase clients security
level
except for ICE detainers
Try to resolve any pending charges as
a detainer may also prevent client from
the RDAP program as well as halfway
house placement.
Residential Drug Abuse Treatment
Program (RDAP)
a 500 hour program where inmates are placed
in a class that lives together, separated from
the general prison population
takes six to twelve months to complete
Inmate must have
(1) verifiable drug abuse problem
(2) No serious mental health issues
(3) within 36 months of release
(4) agree to participate (sign agreement)
(5) appropriate security level
Early release based on successful
completion of RDAP
Pursuant to 18 U.S.C. 227(d), an
inmate who is sentenced for a non-
violent offense, has a substance abuse
problem and successfully completes a
residential drug abuse treatment
program, may qualify for an early
release not to exceed twelve (12)
months.
Some Inmates Ineligible for
Early Release Under RDAP
INS/ICE detainees;
Inmates with prior felony or
misdemeanor convictions for homicide,
forcible rape, robbery, aggravated
assault or child sexual abuse offenses;
Inmates whose current offense has an
element of physical force, firearm,
sexual abuse offenses;
Some Inmates Ineligible for
Early Release Under RDAP
Current offense that by its nature or
conduct presents a serious potential
risk or physical force against the
person or property of another;
Offenses for which a guideline
enhancement was applied to the
offense level for the use or threatened
use of force or firearm.
Early release is based on
successful completion of RDAP

In the Ninth Circuit be aware that


the BOP complies with Arrington v.
Daniels, 516 F. 3d 1106 (9th Cir.
2008) and have a written response
for inmates.
Programs

Compassionate Release
(PS 5050.46)
18 U.S.C. 3582(c)(1)(A)
Programs
Mint (PS 7310.04)
Female inmates are eligible to enter the
program at the halfway house. This is generally
during their last two months of pregnancy. After
the childs birth, the mother is allowed three
additional months to bond with the child. Then,
mom goes to her designated institution to
complete her sentence. If she is eligible for
prerelease services, she may remain at that
facility only if she is going to be supervised in
that judicial district.
Programs
Furloughs
(PS 5282.08)
Programs
Second Chance Act of 2007 (Public Law
110-199, April 9, 2008) (PS 7320.01)
Second Chance Act Eligibility
Your is client eligible if
a federal prisoner or a D.C. code felony
offender,
65 years old before September 30, 2010,
actually served at least 10 years in prison by the
time of home detention,
also served at least 75% of the sentence
imposed by the court, not including good time
earned, by the time you would begin home
detention,
Second Chance Act Eligibility
Your is client eligible if
not serving a life sentence,
never convicted of a crime of violence,
never convicted of a sexual offense,
never convicted of an act of terrorism
transcending national boundaries or espionage
and censorship,
never escaped or attempted to escape from a
BOP facility, including RRC, home detention
and contract facilities.
Inmate Monetary Policy
Commissary was created to provide an
account for inmate monies and for the
procurement of articles not regularly issued
as part of the institution administration.
Family, friends, or other sources may
deposit funds into these accounts.
If the inmate is not physically in a Federal
Bureau of Prisons facility, the funds cannot
be posted and will be returned or rejected.
Inmate Monetary Policy
Inmates' families and friends choosing to send
inmates funds through the mail must send those
funds to the following address and in accordance
with the directions provided below:
Federal Bureau of Prisons
Inmate Name
Inmate Eight Digit Register Number
Post Office Box 474701
Des Moines, Iowa 50947-0001
Inmate Monetary Policy
Western Union Quick Collect Program
Inmates' families and friends may also send
inmates funds through Western Union's
Quick Collect Program.
Inmate Monetary Policy
For additional information concerning inmate
Commissary account deposit procedures,
please see the Bureau of Prisons Trust
Fund/Warehouse/Laundry Manual (PS
4500.04) or 28 CFR Parts 506 and 540.
For information concerning a specific
deposit, please contact Federal Bureau of
Prisons' staff at 202-307-2712 between 8:00
a.m. and 4:30 p.m. ET.
QUESTIONS?
Case 9:10-cv-00553-TJM-DEP Document 8 Filed 06/09/10 Page 1 of 4

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF NEW YORK
--------------------------------

RONALD HILL,

Petitioner,

v. 9:10-cv-553

TIMOTHY COWIN, Commissioner,

Defendant.

--------------------------------

THOMAS J. McAVOY
Senior United States District Judge

DECISION and ORDER

Petitioner Ronald Hill was sentenced to a total of twenty-four months imprisonment,

eighteen months of which was to be served concurrent to a state sentence and six month of

which was to be served consecutive to the state sentence. Petitioners state sentence

terminated on February 4, 2010. Petitioner moves pursuant to 28 U.S.C. 2241 claiming

that he is being unlawfully held in prison beyond his release date because the Bureau of

Prisons improperly calculated his Good Conduct Time (GCT).

According to the government,

[the] sentence computation began by determining the 18 month portion of the


federal sentence by counting backward from the New York State release date
(February 5, 2010) and considering good conduct time credit. Under 18 U.S.C.
3624(b), a sentence of 18 months earns 70 days of good conduct time. By
commencing the 18 month concurrent portion of the federal sentence on October
16, 2008, the concurrent portion of his federal sentence ended on February 4,
2010, the day before the New York State release date. . . . The 6 month
consecutive portion of Petitioners federal sentence commenced on his state
release date, February 5, 2010. The entire 24 months federal sentence
commenced on October 16, 2008. Petitioner earned a total of 94 days good
conduct time based on the entire 24 month sentence. This allows for a partially
Case 9:10-cv-00553-TJM-DEP Document 8 Filed 06/09/10 Page 2 of 4

concurrent and partially consecutive sentence. . . . As the sentence was calculated


to commence on October 16, 2008 (allowing the 18 month portion to be served
during the completion of his New York state term of confinement), his sentence has
been calculated as a 24 month sentence earning a total of 94 days good conduct
time. Based on the above, Petitioners projected satisfaction date is July 13, 2010.

Johnson Aff. at 4-5.

Petitioner disputes this calculation and contends that BOP has arbitrarily and capriciously

credited his GCT to the beginning of his sentence rather than the end as required by the

statute and BOP policy. For the following reasons, the Court finds that the governments

calculation is contrary to the statute, its own policy statement and common sense.

Pursuant to 18 U.S.C. 3642(a), [a] prisoner shall be released by the Bureau of

Prisons on the date of the expiration of the prisoner's term of imprisonment, less any time

credited toward the service of the prisoner's sentence as provided in subsection (b). A

prisoner can earn GCT of up to 54 days at the end of each year of the prisoner's term of

imprisonment. 18 U.S.C. 3542(b)(1). The plain language of the statute requires the total

term of imprisonment to be calculated by: (1) determining the expiration of the prisoners

term of imprisonment; and then (2) subtracting from that any GCT. See 18 U.S.C. 3642(a).

As used in 3642(a), the phrase term of imprisonment plainly refers to the sentence

imposed. See Barber v. Thomas, S. Ct. , 2010 WL 2243706 (June 7, 2010) (stating

that the phrase term of imprisonment as used in 3624(a) refer[s] to the sentence that the

judge impose[d].). Here, the term of imprisonment was 24 months. Using BOPs own

calculation the federal term of imprisonment commenced eighteen months before February

4, 2010, the date Petitioner was released from state custody.1 This works out to be August

1
This calculation figures that portion of the total sentence that w as to be served concurrent to the
state sentence.

-2-
Case 9:10-cv-00553-TJM-DEP Document 8 Filed 06/09/10 Page 3 of 4

5, 2008. Thus, the expiration of the term of imprisonment is twenty-four months later, which

is August 5, 2010. The next step requires subtracting GCT. In this case, it is undisputed that

Petitioner was entitled to the full amount of available GCT, which the government contends is

94 days.2 Subtracting 94 days from August 5, 2010 gives us a release date of May 3, 2010.

Further, BOP policy provides that [t]he release date is determined, of course, by

subtracting the total amount of GCT awarded during the term of the sentence from the full

term date of the sentence. The total amount of GCT awarded during the term of a sentence

is found by adding the amount of GCT awarded at the end of each year to the amount of

GCT awarded for the last portion of the year. BOP PS 5880.28 at p. 1-44. This policy

statement is consistent with the statute and the above analysis and requires that the release

date be determined by subtracting the total amount of GCT awarded during the term of the

sentence form the full term date of the sentence.

Moreover, the governments interpretation would appear to conflict with

3624(b)(2) which provides that GTC shall vest on the date the prisoner is released from

custody. Here, the BOP has given Petitioner his GTC up front. Finally, the purpose of GCT

is to give prisoners an incentive to comply with institutional disciplinary regulations. See 18

U.S.C. 3624(b)(1) (allowing for the provision of GTC for each year that the prisoner has

displayed exemplary compliance with institutional disciplinary regulations.). As a practical

matter, the BOPs interpretation in this case gives a prisoner in Petitioners position no

benefit for complying with prison rules because, by crediting the majority of GTC up front, it

will have little impact on his actual release date. As the Supreme Court recently asked,

2
The actual calculation of G C T is irrelevant to the determ ination of the Petition.

-3-
Case 9:10-cv-00553-TJM-DEP Document 8 Filed 06/09/10 Page 4 of 4

[w]hat happens if, say, . . . a prisoner badly misbehaves and prison officials punish him by

taking away all of his previously earned credit? Barber, 2010 WL 2243706, at * 11. In

Petitioners situation, because his credit was awarded up front to that portion of the sentence

he was serving concurrent to the state sentence, it would make little to no difference to his

actual release date.

Because Petitioner is being held beyond his release date, his Petition for a Writ of

Habeas Corpus is GRANTED and Petitioner is entitled to immediate release from prison.

IT IS SO ORDERED.

Dated:June 9, 2010

-4 -
P5538.05 ESCORTED TRIPS
U.S. Department of Justice
Federal Bureau of Prisons

PROGRAM STATEMENT
OPI: CPD/CSB
NUMBER: 5538.05
DATE: October 6, 2008

Escorted Trips

/s/

Approved: Harley G. Lappin


Director, Federal Bureau of Prisons

1. 570.40. PURPOSE AND SCOPE

The Bureau of Prisons provides approved inmates with staff-escorted trips into
the community for such purposes as receiving medical treatment not otherwise
available, for visiting a critically-ill member of the inmate's immediate family, or
for participating in program or work-related functions.
This Program Statement establishes the procedures to be followed when considering an inmate
for an escorted trip and details the:

# Guidelines for selecting escort staff.


# Responsibilities of escort staff.
# Instructions for using restraint equipment including the Electronic Custody Control Belt for
MAXIMUM custody inmates.

Escorted trips fall within two categories, i.e., medical and non-medical. The need and/or reason
for an escorted trip may arise unexpectedly (e.g., to visit a critically-ill family member) or may be
planned in advance (e.g., to attend an educational function).

a. Summary of Changes

Directives Rescinded:
P5538.04 - Escorted Trips (12/23/96)

# Language was added to cover the use of restroom facilities by staff on an outside medical
escort.
# Language was added to allow the Warden of the Administrative Maximum to approve the use
of the Stun Belt for escorted trips.

Federal Regulations from 28 CFR are in bold type.


Implementing instructions are in regular type.
# Language was added which indicates when no ISM staff are available after normal duty
hours, Correctional Services staff will be responsible for keying in admission and release
transactions.

b. Program Objectives. The expected results of this program are:

# Escorted trips will be available for eligible inmates.


# Escorted trips will be supervised by the correct number and type of employee.
# Appropriate procedures, including those concerning restraint equipment, will be used during
all escorted trips.
# The public will be protected from undue risk.
# Application of an Electronic Custody Control Belt will be authorized only:
< For a MAXIMUM custody inmate who requires greater security than can be afforded
through conventional restraints.
< Where no medical condition precludes its use.
# An Electronic Custody Control Belt will be applied only to prevent escape and/or prevent
serious bodily harm and activated only for the purpose of controlling that inmate.
# Lieutenants who apply the Electronic Custody Control Belt and/or escort an inmate wearing
an Electronic Custody Control Belt will be properly trained in its application, operation,
effectiveness, and follow-up requirements.
# Every incident involving the activation of an Electronic Custody Control Belt will be
properly reviewed, documented, and reported.
# Violations of escorted trips will be processed in accordance with regulations.

c. Pretrial/Holdover Procedures. Procedures required in this Program Statement apply to


pretrial and holdover inmates.

3. 570.41. MEDICAL ESCORTED TRIPS

a. Medical escorted trips are intended to provide an inmate with medical


treatment not available within the institution. There are two types of medical
escorted trips.

(1) Emergency Medical Escorted Trip. An escorted trip occurring as the result of
an unexpected life-threatening medical situation requiring immediate medical
treatment not available at the institution. The required treatment may be on either
an in-patient or out-patient basis.
When the inmates custody level is not readily available at the time of the emergency medical
escorted trip, the inmate, for purposes of the escorted trip, shall be considered to have the highest
custody level housed at the institution, or be escorted at the Warden's discretion.

(2) Non-Emergency Medical Escorted Trip. A pre-planned escorted trip for the
purpose of providing an inmate with medical treatment ordinarily not available at
the institution. The required treatment may be on either an in-patient or out-
patient basis.
In-patient. In-patient treatment occurs when the inmate is admitted to the outside medical
facility for care that extends beyond the day of admission.

Out-patient. Ordinarily, treatment is considered out-patient when the inmate departs and returns
to the institution on the same day (prior to midnight).

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Emergency out-patient treatment may extend beyond midnight (e.g., left institution at 11:00 p.m.
and returned at 3:00 a.m.).

b. The Clinical Director or designee is responsible for determining whether a


medical escorted trip is appropriate.
See Program Statement P6031.01, Patient Care, utilization review procedures.

c. Escorted Trip Procedures - Out-Patient Medical Treatment. A recommendation


for an inmate to receive a medical escorted trip is prepared by medical staff,
forwarded through the appropriate staff for screening and clearance, and then
submitted to the Warden for review. The Warden may approve an inmate for an
out-patient medical escorted trip.
Staff seeking approval must complete an Escorted Trip Authorization form (BP-S502.055) and
route it and the Inmate's Central File through:
# The Case Management Coordinator (CMC) for screening and clearance.
# The Special Investigative Supervisor/Special Investigative Agent (SIS/SIA), for identifying
any STG/management interest group, etc., information.
# The Captain for appropriate action.
# The Unit Manager and the appropriate Associate Warden for review and recommendation.

In making a determination, staff will consider the inmate's suitability for the trip and the degree
of supervision necessary.

(1) Emergency Out-patient. Approval for an emergency out-patient escorted trip during non-
duty hours may be provided by the Administrative Duty Officer (ADO) or, if the ADO is not
available, by the Lieutenant on duty.

In an emergency, the Shift Lieutenant may give approval verbally, with paperwork to follow.
The approving official during non-duty hours must notify the Warden immediately.

(2) Non-emergency Out-patient. Ordinarily, approval for a non-emergency out-patient


escorted trip is obtained during regular duty hours.

The ADO may provide approval during non-duty hours. The authority during non-duty hours
may not be delegated below the level of the ADO.

An inmate with OUT or COMMUNITY custody may be approved, at the Wardens discretion,
for a furlough to obtain local medical treatment not otherwise available at the institution.

See the Program Statement on Furloughs for additional information.

(3) The Regional Director (or Regional Duty Officer if non-duty hours) must be notified of any
medical escorted trip for a MAXIMUM custody inmate.

See Section 8 of this Program Statement for additional information.

(4) Only the Regional Director may approve any deviation from MAXIMUM custody escort
guidelines.

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d. Escorted Trip Procedures - In-Patient Medical Treatment. A recommendation
for an inmate to receive a medical escorted trip is prepared by medical staff,
forwarded through the appropriate staff for screening and clearance, and then
submitted to the Warden. The Warden may approve an inmate for an in-patient
medical escorted trip.
For non-emergency in-patient medical treatment, approval must be given prior to the inmate's
transfer to a community medical facility using an Escorted Trip Authorization form (BP-
S502.055).

(1) Transfer to Medical Facility. When the treatment is expected to extend beyond the day of
a transfer, the inmate is considered transferred to the medical facility for in-patient care and the
Regional Health Systems Administrator (RHSA) must be notified, ordinarily by the institution
Health Services Administrator (HSA).

For a non-emergency medical escorted trip, notification should occur before the transfer has been
effected. For an emergency medical escorted trip, this notification may be done after the transfer
has occurred.

In all cases, the HSA is to notify the RHSA of the inmate's return to the institution.

(2) Emergency In-patient. The ADO may approve an emergency escorted trip for in-patient
medical treatment during non-duty hours or, if the ADO is not available, the Shift Lieutenant
may approve it.

The approving official during non-duty hours is to notify the Warden and, when applicable, the
ADO, as soon as possible.

(3) Non-emergency In-patient. Approval for a non-emergency, escorted trip for in-patient
treatment may not be delegated below the level of Acting Warden (or ADO).

(4) Inpatient Admission. If an escorted trip for medical purposes is expected to result in the
inmate's being admitted to a community medical facility for in-patient treatment, these
procedures must be followed:

(a) When applicable, the Captain or, in the Captain's absence, the Lieutenant is to contact the
contract guard service to arrange for custodial coverage.

Contract guard services will not be used with MAXIMUM custody inmates as provided in
Section 8. If the inmate is in pretrial status, the U.S. Marshals Service must be contacted to
provide custodial coverage.

(b) Unit staff are to complete two sets of Transfer Orders (BP-S399.058). The first is used to
transfer the inmate to the medical facility and the second authorizes the inmate's return to the
institution. The latter transfer order is to have an open transfer date.

Inmate Systems Management (ISM) staff will produce sufficient copies of the Transfer Receipt
(BP-821.051) to establish an appropriate chain-of-custody.

When unit staff are not available, the Lieutenant may prepare a temporary Transfer Order. Unit
staff are to complete the required information as soon as possible.

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(c) When the inmate returns, ISM staff will complete the Return of Service section on the
applicable transfer order.

Transfer orders are not required for pretrial inmates; however, a Release Authorization form (BP-
S392.058) is to be used as a receipt for custody.

(d) The Captain will develop post orders and log book procedures for correctional officers and
contract guard services staff who provide custodial coverage for inmates receiving in-patient
medical care to follow.

The designated officers are to sign a statement that indicates their awareness of the required
procedures (Escort Instructions, BP-0939.055). (Forms are available on Sallyport.)

Escort officers will maintain the post orders and log book procedures during the community
placement for medical purposes and return them to the institution upon completing the escorted
medical trip.
Contract guard service providing custodial coverage must meet the requirements set forth in the
post orders and log book procedures.

When medical treatment of an inmate is expected to extend beyond one day, only the Warden
may approve reduction in restraints below the minimum requirements. When restraints are
reduced under these procedures, the escort OIC, as well as the Operations Lieutenant, will
document the Wardens approval in their respective official logs.

(5) The Regional Director (or Regional Duty Officer during non-duty hours) is to be notified of
any medical escorted trip for a MAXIMUM custody inmate.

See Section 8 of this Program Statement for additional information.

(6) The Regional Director will have approving authority for deviations from MAXIMUM
custody escort guidelines.

(7) Only when an inmate is actually released from the institution can overtime for the inmate's
security be charged to the outside medical cost center (B325).

The inmate must be released for a visit to a medical consultant or a hospital visit under the
SENTRY ARS category of "Local Hosp, or be released on transfer to a Medical Referral Center.

These procedures are necessary for any case in which the inmate is released from the institution
even though it may only be for a few hours.

Institutions will not carry these temporary releases in out count status.

(8) The correctional officer(s) receiving overtime pay must provide security for an inmate
outside the institution while the inmate is transferred from the institution to the consultant or
hospital, or while he or she is transported back to the institution.

An officer may be allowed two hours of outside medical overtime to prepare for the detail.

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(9) Medical overtime may not be charged for security provided within the institution, except if a
staff member on-duty and assigned to an inside post is the only qualified available person for the
outside escort and must be replaced.

(10) When overtime for a medical situation is credited to staff, a copy of SENTRY report Inmate
History Inquiry, indicating the inmate's name and number and the time the inmate was in the
release status of "Local Hosp," or "Transfer" to a Medical Referral Center, must be attached to
the Time and Attendance sheet.

4. 570.42 NON-MEDICAL ESCORTED TRIPS

a. Non-medical escorted trips allow an inmate to leave the institution under staff
escort for approved, non-medical reasons.

There are two types of non-medical escorted trips.

(1) Emergency Non-Medical Escorted Trip. An escorted trip for such purposes
as allowing an inmate to attend the funeral of, or to make a bedside visit to, a
member of an inmate's immediate family. For purposes of this rule, immediate
family refers to mother, father, brother, sister, spouse, children, step-parents, and
foster parents.

(2) Non-Emergency, Non-Medical Escorted Trip. An escorted trip for such


purposes as allowing inmates to participate in program-related functions, such
as educational or religious activities, or in work-related functions.

b. Escorted Trip Procedures - Emergency Non-Medical Reasons. Unit staff are to


investigate, and determine, the merits of an escorted trip following a review of the
available information. This includes contacting those persons (e.g., attending
physician, hospital staff, funeral home staff, family members, U.S. Probation
Officer) who can contribute to a determination on whether an escorted trip should
be approved.

(1) The government assumes the salary expenses of escort staff for the first
eight hours of each day. All other expenses, including transportation costs, are
assumed by the inmate, the inmate's family, or other appropriate source
approved by the Warden.

The necessary funds must be deposited to the inmate's trust fund account prior
to the trip. Funds paid by the inmate for purposes of the escorted trip are then
drawn, payable to the Treasury of the United States. Unexpended funds are
returned to the inmate's trust fund account following the completion of the trip.
Unit staff, in consultation with the Business Office, will determine the escorted trips cost. The
inmate is to complete a BP-199 form payable to the U.S. Treasury in the amount of the expenses
to be paid by that inmate.

(2) A request for an inmate to receive an emergency non-medical escorted trip is


prepared by unit staff, forwarded through the appropriate staff for screening and
clearance, and then submitted to the Warden. Except as specified in 570.43, the
Warden may approve an inmate for an emergency non-medical escorted trip.

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570.43 refers to Section 8 of this Program Statement.

Unit staff, after obtaining the required information, will route the Escorted Trip Authorization
form (BP-S502.055) and the Inmate Central File through the:

# CMC for screening and clearance.


# Captain for appropriate action.
# SIA/SIS for identifying any STG/management interest group, etc., information.
# Unit Manager and the Associate Warden for review and recommendation.

In making a determination, staff will consider the inmate's suitability for the trip and the degree
of supervision necessary.

The ADO may grant approval for an emergency non-medical escorted trip during non-duty hours.
This authority will not be further delegated.

c. Escorted Trip Procedures - Non-Emergency, Non-Medical Reasons. This type


of escorted trip is considered for an inmate who has been at the institution for at
least 90 days, and who is considered eligible for less secure housing and for
work details, under minimal supervision, outside the institution's perimeter.

A recommendation for an inmate to receive an escorted trip for non-emergency,


non-medical reasons is prepared by the recommending staff, forwarded through
the appropriate staff for screening and clearance, and then submitted to the
Warden. Except as specified in 570.43, the Warden may approve an inmate for a
non-emergency, non-medical escorted trip.
570.43 refers to Section 8 of this Program Statement.

Ordinarily, escorted trips for emergency, non-medical cases are available only to inmates with
either OUT or COMMUNITY custody. The requesting department will submit the Escorted Trip
Authorization form (BP-S502.055).

For the review procedure, see Section 6.b.(2) of this Program Statement.

Specific arrangements for inmate town drivers may be established locally.

Approval for a non-emergency, non-medical escorted trip may not be delegated below the level
of Acting Warden.

5. 570.43. INMATES REQUIRING A HIGH DEGREE OF CONTROL AND


SUPERVISION

Only the Regional Director may approve a non-medical escorted trip (either
emergency or non-emergency) for an inmate determined to require a high degree
of control and supervision.
a. The Regional Director's approval authority may not be delegated below the level of Acting
Regional Director.

b. The phrase a high degree of control and supervision ordinarily refers to an inmate with
MAXIMUM custody or HIGH security.

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The Regional Director may approve escorted trips for emergency and non-emergency, non-
medical reasons only upon receiving a favorable Warden's recommendation and his or her
determination that the escorted trip is warranted.

In making this determination, all relevant information (e.g., inmate's sentence, time in custody,
adjustment, as well as the nature of the request) must be considered. The Regional Director will
maintain a written record, including reasons, for regional approval.

c. The Regional Directors prior approval is not necessary for an inmate requiring a high degree
of control and supervision to receive an emergency medical escorted trip.

However, during non-duty hours, the Regional Director, or Regional Duty Officer must be
notified as soon as possible of any medical escorted trip for a MAXIMUM custody inmate.

6. 570.44. SUPERVISION AND RESTRAINT REQUIREMENTS

Inmates under escort will be within the constant and immediate visual
supervision of escorting staff at all times. Restraints may be applied to an inmate
going on an escorted trip, after considering the purpose of the escorted trip and
the degree of supervision required by the inmate.

Except for escorted trips for a medical emergency, an inmate going on an


escorted trip must agree in writing to the conditions of the escorted trip (for
example, agrees not to consume alcohol).
The escort OIC has the discretion to terminate an escorted trip (without contacting the institution)
in circumstances where staff, the public or the inmate is at risk of immediate serious injury or
death, or the inmate is attempting to or has demonstrated the intent and/or means to effectuate an
escape.

Escort staff will contact the institution (i.e., the Operations Lieutenant or Captain) for guidance
prior to terminating all other escorted trips. Any escorted trip which is terminated (by
supervisors instructions or by the escort OICs decision), requires a written justification by the
staff member canceling the escorted trip. This justification will be reviewed to ensure
compliance with policy, and to determine if further action is needed (e.g., training, alternative
escort locations, procedures, etc).

When arrangements are necessary for a staff member to use a restroom, additional restraints must
be applied. The remaining staff must apply additional restraints before the staff member leaves
the area and must continue constant visual supervision. Staff will leave the area only to use the
nearest restroom facility.

For those institutions using escort staff with OUT or COMMUNITY custody inmates, the
institution will make prior arrangements to address the security and supervision of the inmate, in
the event it is necessary for staff to use the restroom.

An escorted trip merely extends the limits of an inmates confinement.

Prior to an escorted trip, escort staff will be provided preparation time and are expected to read
both this Program Statement on Escorted Trips and Chapter 7 of the Correctional Services
Procedures Manual and are required to sign the Escort Instructions (BP-0939.055). This form

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also establishes the minimum requirements on using restraints. (Forms are available on
Sallyport.)

All non-medical escorted trips, such as bedside visits and funeral trips, require the use,
throughout the escorted trip, of at least the minimum restraints specified in the Escort
Instructions. No exceptions will be made.

Except for medical emergency trips, the inmate must sign the Conditions of Escorted Trip (BP-
0938.055). (Forms are available on Sallyport.)

7. WITNESS SECURITY INMATES

Except for emergency medical escorted trips, prior authorization must be received from the
Inmate Monitoring Section (IMS), Central Office, for a witness security inmate to go on an
escorted trip.

In emergency medical situations, the inmate will be transported to the nearest medical facility in
accordance with local procedures.

During normal working hours, the IMS must be notified as soon as possible by telephone. After
normal working hours, the Central Office Duty Officer should be notified for further contact with
the IMS Duty Officer.

Direct questions concerning this section to the institution's Case Management Coordinator.

8. 570.45. VIOLATION OF ESCORTED TRIP

a. Staff shall process as an escapee an inmate who absconds from an escorted


trip.

b. Staff may take disciplinary action against an inmate who fails to comply with
any of the conditions of the escorted trip.
9. SELECTION OF ESCORTS

The Captain, in consultation with the HSA, the Unit Manager, or others, as appropriate, selects
the appropriate number of escorting staff.

The Captain will indicate, on the approval form, the specific staff member (ordinarily, the escort
staff member with the highest correctional services rank), who will serve as the
Officer-In-Charge (OIC). Where staff are non-custody, the Captain will indicate which staff
member is the OIC. This person will have decision-making authority and responsibility while on
the escorted trip.

Depending on the inmates custody and other conditions the Warden imposed, the requirements
outlined below apply. The designated staff, weapons, and restraint requirements for an escorted
trip are to remain in effect while the inmate is in in-patient status. This provision also applies to
contract guard services.

For MAXIMUM custody inmates, any deviation from the requirements listed requires the
Regional Directors prior approval.

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Escorts who carry weapons will abide by the requirements of Chapter 7 of the Correctional
Services Procedures Manual, Firearms and Badges. Restraint requirements will be in accordance
with the Correctional Services Manual.

Escort staff must be certified in Basic Prisoner Transportation (BPT) training.

An inmate who is in labor, delivering her baby, or is in post-delivery recuperation, or who is


being transported or housed in an outside medical facility for the purpose of treating labor
symptoms, delivering her baby, or post-delivery recuperation, should not be placed in restraints
unless there are reasonable grounds to believe the inmate presents an immediate, serious threat of
hurting herself, staff or others, or there are reasonable grounds to believe the inmate presents an
immediate and credible risk of escape that cannot be reasonably contained through other
methods.

If an inmate who is in labor or is delivering her baby is restrained, the restraints used must be the
least restrictive restraints necessary to still ensure safety and security. The Captain, in
consultation with the HSA, will determine the least restrictive restraints necessary. The Escorted
Trip Authorization form (BP-S502.055) will reflect the restraints to be used (Part E, section 20)
as well as the factors used to support the decision (Part C, section 18).

During unusual medical or life-threatening circumstances, the Warden, after consulting with
the Captain and the HSA, will consider all factors concerning the type(s) of restraints that may be
necessary to meet the security needs for the inmate. An example of such a circumstance
includes transporting inmates with fractured limbs or serious neck injuries.

When similar factors are present, the Warden will balance the inmate security needs with his or
her medical requirements.

The existence of unusual factors may cause the Warden or designee to:

# Not use all required restraints.


# Increase staff escorts.
# Consider authorizing the use of a weapon, or wheelchair, or soft or vinyl restraints, or chase
vehicle, etc.

Should it be necessary to deviate from the norm, the Escorted Trip Authorization form (BP-
S502.055), must reflect those factors used to support the decision.

a. MAXIMUM Custody. Contract guard services may not be used.

(1) Staffing. A minimum of three staff escorts are required for each inmate with one staff
member holding the rank of at least GS-11 Lieutenant. In addition to the three staff with the
inmate, there must also be staff in a back-up car (follow vehicle). It is recommended that two
staff occupy the back-up car.

The staff-inmate ratio will be maintained regardless of the number of inmates supervised. At
least one of the staff escorts, in addition to the Lieutenant, must be a non-probationary staff
member.

(2) Weapons. At least one staff escort must be armed. Staff in the follow vehicle must also be
armed. It is recommended that staff carry three fully loaded magazines of ammunition with each
weapon, in addition to the magazine in the weapon.

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(3) Restraints. Handcuffs with the C&S handcuff cover, martin chains, padlock, and leg
restraints will be used at all times.

Refer to Section 12 above, for considerations when escorting pregnant inmates.

(4) Protective Vests. Staff members involved in escorting MAXIMUM custody inmates must
wear protective vests (threat level III-A at a minimum).

b. IN Custody. Contract guard services may be used for IN custody inmates who are
MINIMUM or LOW security levels.

Contract guard services will not be used for MEDIUM and HIGH security inmates.

(1) Staffing. A minimum of two staff escorts for the first inmate, with one additional staff
member are required for each additional inmate. The Warden may require an additional number
of escorts if he or she determines it is warranted. At least one of the staff escorts must be a non-
probationary staff member.

(2) Weapons. The Warden is to determine if the escorting staff will be armed. If weapons are
authorized, a minimum of two staff escorts are to escort IN custody inmates, with at least one
staff member armed.

(3) Restraints. Handcuffs with martin chains will be used at all times. Other restraint
equipment may be used at the escorting officers discretion. Refer to Section 12 above, for
considerations for escorting pregnant inmates.

(4) Protective Vests. Staff members involved in escorting IN custody inmates will wear
protective vests (threat level III - A at a minimum), when the escort requires weapons.

c. OUT Custody. Contract guard services may be used.

(1) Staffing. At least one non-probationary staff member. One staff member may escort a
maximum of five OUT custody inmates.

(2) Weapons. No weapons are required.

(3) Restraints. Restraint equipment may be used at the discretion of the escorting officer(s).
Refer to Section 11 when escorting pregnant inmates.

d. COMMUNITY Custody. Contract guard services may be used.

(1) Staffing. At least one non-probationary staff member. One staff member may escort a
maximum of five COMMUNITY custody inmates.

(2) Weapons. No weapons are required.

(3) Restraints. No restraints are required.

e. Other Considerations:

# At least one staff member of the same sex as the inmate will be assigned to escort inmates
with IN, OUT, COMMUNITY, or MAXIMUM custody.
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# Privately owned vehicles will not be used for escorted trips.
# Inmate movement from institution to institution by means other than a bus (e.g., van
movements), will be conducted in the manner outlined in this Program Statement. Therefore,
the staffing requirements for an escorted trip would pertain to the movement of the inmates.

10. AUTHORIZATION FOR USING A CUSTODY CONTROL BELT

Electronic Custody Control Belts (e.g., REACT, Band-it)are approved for use with MAXIMUM
custody inmates.

Only the Warden of an ADMAX, High, or Administrative security level institution or his or her
designee may approve using an Electronic Custody Control Belt. The approving official will
authorize using the belt only after determining that an inmate requires greater security than is
afforded through conventional restraints and the inmate has no medical condition precluding its
use.

a. Use of Other Restraints. The custody control belt is not intended for use in lieu of
conventional restraints, but must be used in addition to such restraints.

Escorting staff may reduce minimum restraint requirements only if the Warden has given specific
prior approval.

While the custody control belt is intended to provide a less-lethal security option for High-Risk
escorts, in the interest of general safety, staff are to follow the requirements on the Use of Deadly
Force contained in chapter 7 of the Correctional Services Procedures Manual, Firearms and
Badges.

It is Bureau policy to use Electronic Custody Control Belts to prevent escapes or to prevent the
loss of life or grievous bodily harm.

(1) Escape Prevention. The custody control belt may be used to prevent an escape. In the
event of an attempted escape, verbal orders to halt will be given first to the inmate wearing the
belt. When the inmate fails to halt immediately, the belt will be activated. If the inmate has
escaped and is out of view of the escorting officer, a verbal warning to halt is not necessary.

This does not preclude, in certain circumstances, using deadly force, which may or may not be
used without activating the custody control belt. This will be in accord with chapter 7, Firearms
and Badges, of the Correctional Services Procedures Manual.

(2) Preventing the Loss of Life or Grievous Bodily Harm. Staff may use the custody control
belt when there is a reasonable belief that the escorted inmate's actions are likely to result in the
loss of life or grievous bodily harm to staff, inmates, or others.

The escort details OIC must exercise sound judgment when making a decision to activate the
custody control belt. Verbal orders are not required if the staff member reasonably believes a
danger of death or grievous bodily harm is imminent.

b. Authorized Official. The OIC of any escort detail when the Electronic Custody Control Belt
is used must be a GS-11 Lieutenant trained in its use.

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Training will encompass either training by a vendor representative of the Electronic Custody
Control Belt or a Bureau employee whom a vendor representative has certified to provide this
training. The Employee Services Manager will document training.

Only the escort details OIC may carry and use the activating device for the belt. Only after
mandatory Electronic Custody Control Belt Training may a GS-11 Lieutenant serve as the
OIC, or as a member of a team escorting an inmate approved to wear the custody control belt.

Prior to applying the custody control belt, the OIC must complete the Custody Control Belt
Documentation form (BP-S599.055). The justification for the approval to use the control belt
must be documented in detail on the Escorted Trip Authorization form (BP-S502.055).

11. USING A CUSTODY CONTROL BELT

a. Medical Staff Review. When medical staff review the Escorted Trip Authorization form, a
specific indication should be made for each MAXIMUM custody inmate as to whether any
medical condition exists that would preclude using a custody control belt. The custody control
belt provides a less lethal security option for high-risk escorts. Disqualifying medical situations
include, but are not limited to:

# Pregnancy.
# Heart disease.
# Multiple sclerosis.
# Muscular dystrophy.
# Epilepsy.

Only a health services professional (Physician, Physician Assistant, or Nurse Practitioner) may be
authorized to conduct this review, which will include a review of the Inmates Health Record and
other available documentation at the institution.

b. Inmate Notification. Prior to applying the custody control belt, the inmate will be advised by
the OIC the belt is going to be placed on him or her, and under what circumstances it can be
activated. This is done by allowing the inmate to read, or have read to him or her, the Inmate
Notification form (BP-S600.055).

If possible, the inmate will be given the opportunity to sign the notification form. However, if
this is not possible or if the inmate refuses, staff will document this refusal on the form.

12. CUSTODY CONTROL BELT REPORTING REQUIREMENTS

If the custody control belt is activated while being worn by an inmate, the escort detail OIC will
notify the approving Warden or his or her designee as soon as possible.

a. Medical Examination. Medical staff will examine the inmate as soon as possible after
activation of the custody control belt and document that examination in the Inmate's Health
Record. Any injuries, bruises, or marks on the inmate's body will be documented via
photograph or videotape, which the Captain must retain.

When this examination may not be possible (e.g., lengthy escorted trip), escorting staff will
proceed to a local medical facility for medical examination and possible treatment.

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b. OIC Reports. The OIC will submit both a written report and page 2 of the Custody Control
Belt Documentation (BP-S599.055) to the Warden whenever the custody control belt is activated
while worn by an inmate. These reports must be submitted prior to the end of the OIC's tour of
duty.

c. Use of Force Reports. Consistent with the Program Statement on Use of Force and
Application of Restraints, both the Report of Incident (BP-583.055), and the After-Action
Review Report form (BP-.586.055), will be completed and routed accordingly.

d. Reports to Regional and Central Office. The Warden will submit a full written report of an
incident involving activation of the belt to the Regional Director within 24 hours. Copies of this
report will be sent to the Assistant Director, Correctional Programs Division, and the Assistant
Director, Health Services Division.

13. TRAINING RESPONSIBILITIES

a. Electronic Custody Control Belt. The Correctional Services Administrator, Central Office,
in conjunction with the Management and Specialty Training Center, will provide training
regarding the Electronic Custody Control Belt. This will also be provided at each institution
where the custody control belt is authorized.

The Warden at each High and Administrative security level institution is responsible for ensuring
that only GS-11 Lieutenants who have been properly trained and certified with the Electronic
Custody Control Belt's application, operation, effectiveness, and follow-up requirements are
authorized to apply the belt.

b. Escorted Trip. The Captain at each Bureau institution is responsible for ensuring that all
staff escorts are trained in accordance with this Program Statement.

14. PROGRAM REVIEW RESPONSIBILITIES

The Program Review Division, Correctional Services Branch, will review the Escorted Trip
Program. The Warden may select appropriate staff to conduct periodic internal reviews.

15. SENTRY RESPONSIBILITIES

ISM staff are responsible for entering admission and release transactions. After normal duty
hours, if no ISM staff are available Correctional Services staff will assume the responsibility to
complete these transactions.

16. CONFIDENTIALITY

Except in unusual circumstances, inmates scheduled for an escorted trip may not be advised of
the:

# Time.
# Date.
# Method of travel.
# Destination.

P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 14
REFERENCES
Program Statements
P5100.08 Security Designation and Custody Classification Manual (9/12/06)
P5180.05 Central Inmate Monitoring System (12/31/07)
P5280.08 Furloughs (2/4/98)
P5500.11 Correctional Services Manual (10/10/03)
P5500.12 Correctional Services Procedures Manual (10/10/03)
P5540.06 Prisoner Transportation Manual (4/20/00)
P5566.06 Use of Force and Application of Restraints on Inmates (11/30/05)
P6031.01 Patient Care (1/15/05)
P7331.04 Pretrial Inmates (1/31/03)

Federal Regulations
Rules cited in this Program Statement: 28 CFR 570.40 through 570.45.

ACA Standards
# 4th Edition Standards for Adult Correctional Institutions: 4-4189, 4-4190, 4-4199, 4-4204
(M), 4-4348, 4-4349, and 4-4445
# 4th Edition Performance Based Standards for Adult Local Detention Facilities: 4-ALDF-1B-
06, 4-ALDF-2B-02, 4-ALDF-2B-04, 4-ALDF-2B-08 (M), 4-ALDF-4C-05, 4-ALDF-4C-06
# 2nd Edition, Standards for Administration of Correctional Agencies: None

Records Retention
See the Records and Information Disposition Schedule (RIDS) system on Sallyport.

Forms
After-Action Review Report form (BP-586.055)
Conditions of Escorted Trip (BP-0938.055)
Electronic Custody Control Belt Documentation (BP-S599.055)
Escort Instructions (BP-0939.055)
Escorted Trip Authorization form (BP-S502.055)
Request for Withdrawal of Inmates Personal Funds (BP-199.045)
Inmate Notification of Electronic Custody Control Belt Use (BP-S600.055)
Release Authorization (BP-S392.058)
Report of Incident (BP-583.055)
Transfer Orders (BP-S399.058)
Transfer Receipt (BP-821.051)

P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 15
INMATE MONIES

Deposit Fund History

In 1930 the Department of Justice authorized and established a Commissary at each Federal
institution. The Commissary was created to provide a bank type account for inmate monies and
for the procurement of articles not regularly issued as part of the institution administration.
The purpose of individual inmate Commissary accounts is to allow the Bureau of Prisons to
maintain inmates' monies while they are incarcerated. Family, friends, or other sources may
deposit funds into these accounts.
Funds may be sent to Federal inmates via the United States Postal Service or via the
Western Union Quick Collect Program. In either case, the inmate must physically be
housed at a Federal Bureau of Prisons' facility before funds can be received and posted. If
the inmate is not physically in a Federal Bureau of Prisons' facility, the funds cannot be
posted and will be returned or rejected.

U.S. Postal Service

Inmates' families and friends choosing to send inmates funds through the mail must send
those funds to the following address and in accordance with the directions provided below:
Federal Bureau of Prisons
Insert Valid Committed Inmate Name
Insert Inmate Eight Digit Register Number
Post Office Box 474701
Des Moines, Iowa 50947-0001
The deposit must be in the form of a money order made out to the inmate's full committed
name and complete eight digit register number. Effective December 1, 2007, all non-postal
money orders and non-government checks processed through the National Lockbox will
be placed on a 15 day hold. The Bureau of Prisons will return funds that do not have valid
inmate information to the sender provided the envelope has an adequate return address.
Personal checks and cash cannot be accepted for deposit.
The sender's name and return address must appear on the upper left hand corner of the
envelope to ensure that the funds can be returned to the sender in the event that they cannot
be posted to the inmate's account. The deposit envelope must not contain any items intended
for delivery to the inmate. The Bureau of Prisons shall dispose of all items included with the
funds.
In the event funds have been mailed but have not been received in the inmate's account and
adequate time has passed for mail service to Des Moines, Iowa, the sender must initiate a
tracer with the entity who sold them the money order to resolve any issues.
Western Union Quick Collect Program
Inmates' families and friends may also send inmates funds through Western Union's Quick
Collect Program. All funds sent via Western Union's Quick Collect will be posted to the
inmate's account within two to four hours, when those funds are sent between 7:00 a.m. and
9:00 p.m. EST (seven days per week, including holidays). Funds received after 9:00 pm EST
will be posted by 7:00 am EST the following morning. Funds sent to an inmate through the
Quick Collect Program may be sent via one of the following ways:

1) At an agent location with cash: The inmate's family or friends must complete a
Quick Collect Form. Click here to view a sample Quick Collect Form. To find the
nearest agent, they may call 1-800-325-6000 or go to www.westernunion.com.

2) By phone using a credit/debit card: The inmate's family or friends may simply call
1-800-634-3422 and press option 2.

3) ONLINE using a credit/debit card: The inmate's family and friends may go to
www.westernunion.com and select "Quick Collect".
For each Western Union Quick Collect transaction, the following information must be
provided:
1) Valid Inmate Eight Digit Register Number (entered with no spaces or
dashes and immediately followed by Inmate's Last Name)
2) Committed Inmate Full Name entered on Attention Line
3) Code City: FBOP, DC
Please note that the inmate's committed name and eight digit register number must be
entered correctly. If the sender does not provide the correct information, the transaction
cannot be completed. The Code City is always FBOP, DC.
Each transaction is accepted or rejected at the point of sale. The sender has the sole
responsibility of sending the funds to the correct inmate. If an incorrect register
number and/or name are used and accepted and posted to that inmate, funds may not
be returned.

Any questions or concerns regarding Western Union transfers should be directed


to Western Union by the sender (general public). Questions or concerns should
not be directed to the Federal Bureau of Prisons.
For additional information concerning inmate Commissary account deposit
procedures, please see the Bureau of Prisons Trust Fund/Warehouse/Laundry
Manual (PS 4500.04) or 28 CFR Parts 506 and 540. For information concerning
a specific deposit, please contact Federal Bureau of Prisons' staff at 202-307-2712
between 8:00 a.m. and 4:30 p.m. ET.
Federal Bureau of Prisons
and
United States Marshals Service
REGISTER NUMBER CODES
The United States Marshals Service and the Federal Bureau of Prisons assigns a
eight digit "Register Number" to all offenders in the following format: XXXXX-
0XX. The last three digits signify the district wherein the offender was arrested and
or processed into the system. In large districts, where over 100,000 people have
been processed, the '"0" is replaced with a "1". The three digit codes and the
district location are listed below:
001 - Northern District of Alabama (N/AL)
002 - Middle District of Alabama (M/AL)
003 - Southern District of Alabama (S/AL)
004 - Southern District of Florida (S/FL)
005 - District of the Northern Mariana Islands (D/MP)
006 - District of Alaska (D/AK)
007 - District of Columbia (Superior Court)
008 - District of Arizona (D/AZ)
009 - Eastern District of Arkansas (E/AR)
010 - Western District of Arkansas (W/AR)
011 - Northern District of California (N/CA)
012 - Central District of California (C/CA)
013 - District of Colorado (D/CO)
014 - District of Connecticut (D/CT)
015 - District of Delaware (D/DE)
016 - District of Columbia (DC/DC)
017 - Northern District of Florida (N/FL)
018 - Middle District of Florida (M/FL)
019 - Northern District of Georgia (N/GA)
020 - Middle District of Georgia (M/GA)
021 - Southern District of Georgia (S/GA)
022 - District of Hawaii (D/HI)
023 - District of Idaho (D/ID)
024 - Northern District of Illinois (N/IL)
025 - Southern District of Illinois (S/IL)
026 - Central District of Illinois (C/IL)
027 - Northern District of Indiana (N/IN)
028 - Southern District of Indiana (S/IN)
029 - Northern District of Iowa (N/IA)
030 - Southern District of Iowa (S/IA)
031 - District of Kansas (D/KS)
032 - Eastern District of Kentucky (E/KY)
033 - Western District of Kentucky (W/KY)
034 - Eastern District of Louisiana (E/LA)
035 - Western District of Louisiana (W/LA)
036 - District of Maine (D/ME)
037 - District of Maryland (D/MD)
038 - District of Massachusetts (D/MA)
039 - Eastern District of Michigan (E/MI)
040 - Western District of Michigan (W/MI)
041 - District of Minnesota (D/MN)
042 - Northern District of Mississippi (D/MS)
043 - Southern District of Mississippi (D/MS)
044 - Eastern District of Missouri (E/MO)
045 - Western District of Missouri (W/MO)
046 - District of Montana (D/MT)
047 - District of Nebraska (D/NE)
048 - District of Nevada (D/NV)
049 - District of New Hampshire (D/NH)
050 - District of New Jersey (D/NJ)
051 - District of New Mexico (D/NM)
052 - Northern District of New York (N/NY)
053 - Eastern District of New York (E/NY)
054 - Southern District of New York (S/NY)
055 - Western District of New York (W/NY)
056 - Eastern District of North Carolina (E/NC)
057 - Middle District of North Carolina (M/NC)
058 - Western District of North Carolina (W/NC)
059 - District of North Dakota (D/ND)
060 - Northern District of Ohio (N/OH)
061 - Southern District of Ohio (S/OH)
062 - Northern District of Oklahoma (N/OK)
063 - Eastern District of Oklahoma (E/OK)
064 - Western District of Oklahoma (W/OK)
065 - District of Oregon (D/OR)
066 - Eastern District of Pennsylvania (E/PA)
067 - Middle District of Pennsylvania (M/PA)
068 - Western District of Pennsylvania (W/PA)
069 - District of Puerto Rico (D/PR)
070 - District of Rhode Island (D/RI)
071 - District of South Carolina (D/SC)
073 - District of South Dakota (D/SD)
074 - Eastern District of Tennessee (E/TN)
075 - Middle District of Tennessee (M/TN)
076 - Western District of Tennessee (W/TN)
077 - Northern District of Texas (N/TX)
078 - Eastern District of Texas (E/TX)
079 - Southern District of Texas (S/TX)
080 - Western District of Texas (W/TX)
081 - District of Utah (D/UT)
082 - District of Vermont (D/VT)
083 - Eastern District of Virginia (E/VA)
084 - Western District of Virginia (W/VA)
085 - Eastern District of Washington (E/WA)
086 - Western District of Washington (W/WA)
087 - Northern District of West Virginia (N/WV)
088 - Southern District of West Virginia (S/WV)
089 - Eastern District of Wisconsin (E/WI)
090 - Western District of Wisconsin (W/WI)
091 - District of Wyoming (D/WY)
093 - District of Guam (D/GU)
094 - District of the Virgin Islands (D/VI)
095 - Middle District of Louisiana (M/LA)
097 - Eastern District of California (E/CA)
098- -Southern District of California (S/CA)
Recommended Spending Guidance
Second Chance Act/JATAA

The Second Chance Act/JATAA guidelines provided some limited examples of the types
of goods and services that would be authorized under the revised authority of 18 U.S.C. 3672
and 18 U.S.C. 3154. However, courts have asked for further interpretation of the statute and
guidelines. The following table contains recommendations regarding the appropriateness of
providing various goods and services under the Second Chance Act/JATAA. These are
recommendations only and have not been reviewed or approved by the Criminal Law Committee
(CLC).

In its analysis of the Second Chance Act, the Office of General Counsel (OGC)
highlighted several points: (1) services should be provided in a manner that does not confer
luxuries or privileges upon such offenders; (2) services should be for as short a period as
practicable; and (3) the Act shall not be construed as creating an entitlement or right to the
assistance or services authorized. Additionally, courts must be mindful that the new resources
available through the Second Chance Act/JATAA should not supplant free services that have
traditionally been available for defendants and offenders. OGCs analysis as well as the
Criminal Law Committees own concerns informed the Re-entry and Transitional Services
Working Groups recommendations below. In all examples, courts must assure that all free
resources have been exhausted prior to authorizing the expenditure.

Item Appropriate Comment


Use?
Tattoo removal No Link to recidivism reduction unknown
Cell phones to help job No Lack of accountability for use; most
search employment centers provide voice mail
accounts for job-seekers who lack a
telephone
Bus tokens Yes For use in emergencies and to assist when
the lack of transportation prevents
vocational training or other risk-based
programming; not to be used for regular
office contact

Bicycles No Concerns for liability; conferring a luxury

Recommended Spending Guidance Second Chance Act/JATAA Page 1


Item Appropriate Comment
Use?
Clothes Yes Clothing for emergency situations (e.g.
sweat pants and shirts)
Fast food restaurant gift cards Yes For emergency situations only; need strong
internal controls; concern that they may
expire if purchased in advance
Grocery store gift card No Concern with ability to purchase alcohol
Gas cards No Discouraged given inability to know how
the offender might use the gas card
Union dues No Concern from CLC
CBT manuals Yes No specific Project Code for materials, but
use CBT Code 3122
Pre-employment physicals Maybe Only if last obstacle to employment
Work permit fee for illegal Yes If authorized by ICE; confirm offender is
alien not being deported
Computers for offender job No Use IT funds; No DCN access
searches in probation office
Training officers in No Use Officer Training funds
Motivational Interviewing
and other EBP/interventions
Paying for an offenders Yes
driving license/state
identification
Paying off offender traffic No Perhaps pay for a required driving safety-
fines in order for them to get related class if needed to get re-licensed
drivers license
Rewards for drug and re- No The evidence regarding the effectiveness
entry of federal drug and re-entry courts have
has been mixed. Additionally the CLC has
recently directed the FJC to evaluate them.
The guidelines focus on providing services
to offenders and include no reference to
funding court programs and processes.

Recommended Spending Guidance Second Chance Act/JATAA Page 2


Item Appropriate Comment
Use?
No These events, like job fairs, are popular
Purchase food and drink for with DOWD but the lack of a funding
employer mechanism remains a challenge. While
breakfast/luncheons such events may help raise awareness and
develop collaborative relationships with
potential employers, the impact on
offender employment rates is unknown.
Bonding Maybe If state bonding authorities have exhausted
their available funding and the offender
otherwise qualifies
Flash drives Yes When provided to offenders for storing
their resumes or other employment-related
documents
Rental security deposit for Yes One-time only
residence
One months rent for an Yes In an emergency situation, to avoid paying
offender facing eviction for alternative emergency housing; one
time only
- payment of previous months amounts at
unit executives discretion
Utilities Yes In an emergency situation, to avoid life-
threatening situations, e.g., extreme
weather; one time only
- payment of previous months amounts at
unit executives discretion
Cash kitty from which No Internal controls nightmare
offenders could borrow and
then repay

Recommended Spending Guidance Second Chance Act/JATAA Page 3


Item Appropriate Comment
Use?
Transporting a released No The court has specific authority under 18
indigent defendant from the U.S.C. 4285 to direct the marshals to
district of residence to the arrange and pay for non-custodial transport
district of jurisdiction for a and subsistence in these situations; these
court appearance, e.g plea, are neither emergencies nor transitional
sentencing. situations; indigent defendants may stay at
halfway houses using BOC 2527 funds.

Re-entry program evaluation No While program evaluation is important,


focus of resources should be services for
offenders and defendant; these are not like
R2R funds which were used for program
evaluation.
Rental space for No Space can typically be obtained for free
programming (e.g. libraries, churches, probation offices)
Transportation for parents of Yes On a limited basis; (similar to paying for
juvenile offenders in an offenders spouse to have individual
residential facilities to engage session with offenders mental health
in programming provider)

Recommended Spending Guidance Second Chance Act/JATAA Page 4


DISTRICT OF MONTANA

SECOND CHANCE ACT POLICY

On April 9, 2008, the Second Chance Act of 2007, Pub. L. No. 110-199, was enacted.
Section 253 of the Act amended 18 U.S.C. 3672 to authorize the Director of the Administrative
Office of the U.S. Courts (AO) to contract for treatment, equipment and emergency housing,
corrective and preventative guidance and training, and other rehabilitative services designed to
protect the public and promote the successful reentry of the offender into the community. In
October of 2008, the Judicial Administration and Technical Amendments Act of 2008, Pub. L.
No. 110-406 (October 13, 2008) (JATAA), further amended 18 U.S.C. 3672 to authorize the
Director to directly expend funds for emergency reentry services. The Act also modified pretrial
services contracting authority under 18 U.S.C. 3154 in a fashion similar to the changes made to
3672.

Background

The Second Chance Act of 2007 aims to reduce recidivism, rebuild ties between offenders
and their families, support evidence-based practices, protect the public, and assist offenders in
establishing a self-sustaining life. Section 253 expands the Directors contracting
authority for post conviction supervision under 18 U.S.C. 3672, authorizing the Director to
contract with any appropriate public or private agency or person to monitor and provide
services to any offender in the community authorized by the Act ...

The statute authorizes providing necessary services to offenders ... in a manner that does
not confer luxuries or privileges upon such offenders (42 U.S.C. 17501(a)(4)). Additionally,
the Act shall not be construed as creating an entitlement or right to the assistance or services
authorized (42 U.S.C. 17504). Congress intended the new authority to be exercised
judiciously.

JATAA further amended 18 U.S.C. 3672 to allow the Director to directly expend funds
for reentry services. Additionally, the Act amended 18 U.S.C. 3154(4) to include among
pretrial services functions contracting or expending funds for services necessary to protect the
public and ensure that such persons appear in court as required.

Districts will reprogram funds from existing resources to pay for emergency services and transitional
services. This amended authority provides an excellent opportunity to target medium to high-risk
offenders with interventions that have been proven to reduce recidivism. Careful application of the
authority, even with minimal new resources, may improve offender outcomes and attract additional
resources.

Each office will likely receive some small portion of Second Chance Act funding into its Law
Enforcement allocation in 2010 and beyond, barring significant appropriation cuts by Congress. Both
pretrial services defendants and post conviction offenders face crises that may require emergency
services. These, however, should not consume significant resources. The majority of additional
monies should be used to pay for transitional services, which aim at mitigating longer-term offender
needs and deficits. Even if transitional services are limited to medium and high-risk offenders as is
recommended, districts could expend significant resources. The Second Chance Act, the source of
the amended contracting authority, aims to improve offender reintegration and reduce recidivism.
OPPS encourages districts to focus the majority of any additional resources on post-conviction
operations.

The following principles are to be considered when determining whether or not to use these funds.

Parsimony. The services provided under this authority should not replace free
services; the services should not be perceived to bestow a benefit upon the defendant
or offender, and should be narrowly tailored to meet the purposes set forth in the
statutes.

Accountability. Probation and pretrial services officers contracting or expending


funds for reentry services must abide by internal controls and contracting provisions
established by the District of Montana and the AO.

Evidence-based. The services provided must minimize the risks posed by the
defendants and offenders reentering the community by addressing their criminogenic
needs.

Categories of Services: Emergency Services and Transitional Services

Emergency Services

Emergency Services refer to defendants and offenders pressing, immediate needs.


These emergency services ensure the fair administration of justice by meeting the basic
humanitarian needs of those under the courts authority. Additionally, addressing these needs
may decrease a defendants/offenders likelihood of recidivism.

Emergency services are intended for any defendant/offender in crisis whose basic human
needs cannot otherwise be met. These services are not dependent upon risk level. These events are
typically pressing, one-time only situations. No Form 45 is required at this time. See Table listing
Emergency Services examples.

Eligibility for authorization to pay for Emergency Services requires:

1. A defendant/offender has first exhausted all personal options and resources.

2. The emergency situation meets basic humanitarian needs (e.g., food, shelter,
medication, or transportation).

3. Officers have exhausted all free community resources available:

A. Any small credit card purchase must have telephonic approval by the Chief
or Deputy Chief Probation Officer or their designee.

B. Officers must document their attempts in the chronological record.

C. Officers should consider co-pay in each case.

D. Officers must sign the Second Chance Act Referral Form (attached) and
submit it to their SUSPO/TL for review. Any small credit card purchases, the
SUSPO/TL will contact the Chief or Deputy Chief Probation Officer or their
designee, telephonically for final approval.

E. All forms will be submitted to the DATS Officer who will forward onto the
Budget Analyst.

Small Purchase Card Payment

Direct expenditures: The amended authority now allows districts to make direct expenditures for
services for defendants/offenders, e.g., using a small purchase card to pay for one nights motel
accommodations for an offender when free, alternative shelter is not available.

Small Purchase Cards: The District of Montana shall follow the Judiciary Guide to Policies and
Procedures for small purchase card purchases in accordance with the Small Purchase Card Manual.

Agency cardholders are to be notified by authorized staff of the need for emergency services under
the Second Chance Act. Upon proper approval, the cardholder shall provide his/her government small
purchase credit card number by phone or internet to secure needed purchase. The agency cardholder
must ensure that the service provider/vendor has provided the necessary information in order to
submit all invoices to him/her in order to process the payment with the monthly statement. This
information must include name, address, telephone number, exact cost of the purchase, vendor federal
tax ID number, and any other information required to process the payment.

Small purchase cards will be used to purchase emergency services based on the individual purchase
card holders limitations for each transaction, as well as individual purchase card holders monthly
limitations as authorized and delegated by the Chief Probation Officer. Under no circumstances will
a charge exceed $5000.00 or other limitations as required.

The district shall utilize the Second Chance Act Referral Form, for authorization of emergency
services to be attached to the small purchase card bill. The authorization manager shall be as outlined
above in the District of Montana Policy.

Expenditures made with the small purchase card shall be obligated with a K5 at the time of purchase,
and payment made with the monthly small purchase card bill in the manner approved for all small
purchase card purchases.

Small purchase card holders are as follows:


Billings office: Supervising Clerk, Bonnie Kukes
Clerk, Lynda Wilson
Great Falls office: Clerk, Jeanne Quigley
Missoula office: OSS/Clerk, Ginger Frese

Small purchase card holders will be added as deemed necessary by the Chief Probation Officer,
following proper training and delegation.

Examples of Emergency Services

Services Principles Examples


Transportation immediate need offender just released in one district
one time only with no means to get to the district
of his residence or to a local shelter;
emergency taxi fare, bus ticket,
gasoline

Identification defendant/offender has


inadequate personal
identification
state identifications are
NOT provided by the BOP

Shelter traditional resources for offenders ineligible for


cannot be accessed community resources, e.g., sex
offender, serious mental disorders,
infectious diseases

Medication/Healthcare lack of medication may upon release, an offender lacks


increase dangerousness blood pressure medication
and/or may result in an
offender being unavailable
for supervision
immediate needs
one time only

Food may be linked to travel offender has bus fare to cross the
immediate needs country to the district of residence,
but no resources for meals

Clothing not for professional offender released to probation in


clothing for an interview; prison jump suit; defendant released
must first consider other during the middle of winter without
mechanisms, e.g., district a coat
clothing closets

Hygiene linked to basic healthcare

Utilities defendant relies on oxygen machine


and loses electricity; offender loses
power during life-threatening
temperatures or conditions
Sex Offender Registration Fees one time only
payment plans with local
law enforcement

Transitional Services:

The District of Montana does not have any formal agreement with venders. Once an agreement or
contract is reached, staff will be notified.

Transitional services are intended to mitigate a broad spectrum of longer-term offender needs and
deficits that increase the likelihood of recidivism, other than substance abuse dependency and mental
health disorders. By their nature, these needs often require significant intervention and greater
expense than emergency services.

Justification for authorizing services is derived specifically from the nexus between the identified
need(s) and the likelihood of re-offending. As with emergency services, authorization to use fee-
based services depends upon the offenders lack of resources and the officers inability to secure free
community resources or services. See Table listing transitional services examples.

While the Risk Prediction Index (RPI) only considers static factors, it has proven to be an excellent
predictor of noncompliance among federal offenders. The RPI score should be a major factor in
deciding who should be considered for transitional services. The focus of these services is intended
for medium to high-risk offenders (RPI 3 and above). However, circumstances may dictate use
of the funds for those with lower RPI scores. Administrative approval for offenders with RPI
of 2 or below is required.

Any request for transitional services should include a modification of special conditions and be
processed through the normal procurement process or as amended by the Second Chance Act.
The Second Chance Act authorizes providing sufficient transitional services for as short a period
as practicable, not to exceed one year, unless a longer period is specifically determined to be
necessary by a medical or other appropriate treatment professional (Second Chance Act, Sec. 3).
Staff should not contract or directly pay for services while offenders reside in the RRCs in pre-release
status. While the Second Chance Act does call for close collaboration between the BOP and U.S.
Probation and Pretrial Services system, the authority to contract for services assumes the court has
jurisdiction over the offender. While in pre-release status, offenders remain under the authority of
the Attorney General. See also, 18 U.S.C. Sec. 3624 (c)

Eligibility for authorization to pay for Transitional Services requires:

1. A defendant/offender has first exhausted all personal options and resources.

2. RPI is 3 or above, if not, circumstances are described.

3. Officers have exhausted all free community resources available:

A. Officers must document their attempts in the chronological record.

B. Modification of special conditions.


C. Officers should consider co-pay in each case.

D. Probation form 45 will be completed when contracts are in place.

E. Officers must sign the Second Chance Act Referral Form and submit it to
their SUSPO/TL for review.

F. All forms will be submitted to the DATS Officer who will forward onto the
Budget Analyst.

Examples of Transitional Services

Services Principles Examples


Transitional Services 1) Short term; no more than 90 days Motels, community centers, and
2) Used when traditional methods faith-based housing programs
are delayed e.g. Public Law
Placements
3) For offenders rejected by RRC,
shelters, etc.
4) Must not run counter to
legislation precluding felons from
living in federally subsidized
housing

Vocational Services 1) Should enable offenders to GED, ESL


secure a sustainable income
2) Soft skills training may be
provided by officers, One Stops,
community and faith based
organizations at little to no cost

Cognitive Behavioral Treatment 1) May need actuarial risk Manualized CBT programs such
assessment to determine need for as Thinking for a Change, Moral
programming (RPI score or Reconation Therapy
psychosocial assessment)
2) Broader application than just
offenders with substance abuse
disorders (offenders may be
exhibiting on-going criminal
behavior)

Transportation 1) Must be reasonable and practical Bus passes that enable offenders to
2) Short term; not open-ended access vocational training, GED
courses; used in rural areas

Measuring the Impact of Services Provided


The ultimate outcome is to reduce recidivism, i.e., a reduction in re-arrest or a decrease in
revocations. Measuring our efforts and successes in carrying out the authority of this act, along with
the new resources will be challenging. Employment-related outcomes are essential to assessing how
programming and services are assisting offenders in following the conditions of supervision and
completing their sentence successfully. Additionally, district staff will need to focus on the number
of offenders referred to programming; educational gains; the ability to increase payment of fines and
restitution and the potential effect this has on the revocation rate of offenders who are receiving these
services.
DISTRICT OF MONTANA U.S. PROBATION OFFICE

SECOND CHANCE ACT REFERRAL FOR SERVICES

__________________ _________ ________


OFFENDER PACTS# RPI Score

1. G Emergency Services - Project Code 3302


G Transitional Services - Project Code

2. Describe Services and estimated cost________________________________________________

3. Have efforts been made to secure free or alternative resources through the offender, family, the
RRC, and community? Y/N Was this documented in chronological record? Y/N
Describe these efforts_________________________________________________________
______________________________________________________________________________

4. If RPI is 2 or below (transitional services only), describe circumstances that merit override.
______________________________________________________________________________

5. Housing requests are available for up to three months. Describe plan for self
sufficiency._____________________________________________________________________
______________________________________________________________________________

6. Has this offender been a recipient of this funding previously? Y/N

7. Do the requested transitional services match criminogenic needs identified by a risk and/or needs
assessment? Y/N

8. Services can not extend beyond supervision. Will this requirement be met? Y/N

9. If small credit card purchase, has Chief or Deputy Chief U.S. Probation Officer or designee
approved? Y/N Time/Date approval received ________________

_____________________________ _______________________
U.S. Probation Officer Date SUSPO/TL Date

Comments/Exceptions____________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Item/Service Purchased_________________________________________________________________

Copy of referral form submitted to DATS OFFICER along with PROB 45 if Transitional services
Y/N
Bureau of Prisons Issues
Presentation at the
Annual National
Federal Sentencing Guidelines Seminar

FREQUENTLY ASKED QUESTIONS


*****************************************************************
DISCLAIMER: The subject matter areas of Sentence Computation,
Primary Jurisdiction, Designations, and Early Release Eligibility
based on successful completion of the Residential Drug Abuse
Treatment Program (RDAP) are complex and fraught with exceptions
to the general concepts outlined below. Accordingly, the
following is only intended as a general guide and starting point.

In all cases, Bureau of Prisons (BOP) policy, federal


regulations, federal statutes and relevant case law control the
decision making process on particular fact situations and must be
consulted. Relevant BOP Program Statements include, but are not
limited to, PS 5880.28, Sentence Computation Manual (CCCA of
1984), PS 5880.30, Sentence Computation Manual (Old Law/Pre-CCCA
of 1984), PS 5160.05, Designation of State Institution for
Service of Federal Sentence, PS 5884.03, Good Conduct Time under
the Prison Litigation Reform Act, PS 5100.08, Inmate Security
Designation and Custody Classification, PS 5331.02, Early Release
Procedures under 18 U.S.C. 3621(e), PS 5330.11, Psychology
Treatment Programs, and PS 5162.05, Categorization of Offenses.
Another useful tool is the legal article of Interaction of
Federal and State Sentences found under the Publications
section.
*****************************************************************

SENTENCE COMPUTATION AND PRIMARY JURISDICTION FAQS

Question: When will the BOP calculate my clients federal


sentence?

Answer: Ordinarily, the BOPs Designation and Sentence


Computation Center (DSCC) will calculate a federal sentence
within 60 days after the date of designation. Your clients Unit
Team will notify him of the projected release date shortly after
he arrives at his designated institution.

Page 1 of 7
Question: How will my clients release date be calculated?

Answer: BOP staff will determine when your clients federal


sentence began and how many days of prior custody credit (jail
credit) should be awarded to the federal sentence. They will
also subtract the number of good conduct time days your client is
projected to earn, which depends on the sentencing scheme under
which your client was sentenced.

Question: When will my clients federal sentence begin?

Answer: Federal statute provides that your clients federal


sentence will begin when she is received in custody awaiting
transportation to, or voluntarily surrenders to, the official
detention facility at which her sentence is to be served. See
18 U.S.C. 3585(a).

Question: What is the earliest date my clients federal sentence


will begin?

Answer: The earliest date a federal sentence will begin is the


date it was imposed.

Question: If my clients federal sentence was ordered to run


concurrently to a previously imposed state sentence, when will it
begin to run?

Answer: Your clients federal sentence will run from the date it
was imposed. This will be after your clients state sentence was
imposed. Your clients federal sentence will not run from the
date the state sentence was imposed.

Question: My client was in state custody serving a state


sentence, and he appeared before a federal judge pursuant to a
writ. The federal sentence was imposed to run consecutively to
the state sentence. When will my clients federal sentence
begin?

Answer: Your clients federal sentence will begin when he


completes or paroles from his state sentence.

Question: If my client appeared before a federal judge and was


ordered to voluntarily surrender at a later date, when will her
federal sentence begin?

Page 2 of 7
Answer: If your client is released following sentencing and
ordered to voluntarily surrender, her federal sentence begins on
the date she voluntarily surrenders into federal custody.

Question: My client has received both a state and a federal


sentence. What determines the order in which he will serve these
sentences?

Answer: Primary jurisdiction generally determines the order in


which the sentences are served. If your client is determined to
be in primary state custody, he will ordinarily serve his state
sentence first in a state facility, even if the state sentence
was imposed after the federal sentence.

Question: What is primary jurisdiction?

Answer: Primary jurisdiction is a legal concept which determines


the order in which sentences are served, based on which sovereign
has primary jurisdiction.

Question: How is primary jurisdiction decided?

Answer: The sovereign which first arrested your client has


primary jurisdiction over her. This sovereign has the authority
to dispose of all proceedings against her first, e.g., by
determining whether her charges will be dismissed, or whether she
will be convicted and be sentenced to serve a term of
imprisonment, etc.

Question: How can primary jurisdiction be transferred?

Answer: Primary jurisdiction can be transferred by bail release,


dismissal of the state charges, parole release, expiration of
state sentence, or an agreement between the sovereign
authorities.

Question: Does a writ transfer primary jurisdiction?

Answer: A writ does not ordinarily transfer primary


jurisdiction.

Question: My client is in state custody serving a state sentence.


My client has also received a federal sentence which she has not
yet begun serving. How can I request my clients federal
sentence begin?

Page 3 of 7
Answer: You can write the Designation and Sentence Computation
Center (DSCC) at 346 Marine Forces Drive, Grand Prairie, TX
75051. You should enclose a copy of your clients federal
sentence and request that it begin. You should also enclose an
original executed copy of a DOJ Form 361 Certificate of Identity.
This form is located at www.bop.gov under Inmate Matters,
Sentence Computations, and then the hyperlink to the
authorization form.

Alternatively, your client can write the DSCC directly at the


address above and enclose a copy of his federal judgment. In
either case, the DSCC will conduct a review and reply to the
sender with a written decision of its determination.

Question: My client was originally arrested by state authorities.


She was writted into USMS custody to face federal charges. She
received a federal sentence. Will she receive prior custody
credit on her federal sentence for time she spent in USMS
custody?

Answer: Pursuant to federal statute, she will only receive


credit for time spent on federal writ if the state did not credit
that time to her state sentence. If the state never imposed a
sentence, the Bureau will credit all time spent in custody on the
federal writ as long as it was after the date she committed her
federal offense. See 18 U.S.C. 3585(b).

Question: Will the Bureau award my client prior custody credit


on his current federal sentence for time that was credited to a
state sentence?

Answer: No. Pursuant to federal statute, your client will only


receive credit towards his federal sentence if that time was not
credited towards another sentence, and other statutory
requirements are met. See 18 U.S.C. 3585(b).

Question: How much Good Conduct Time (GCT) will my client earn?

Answer: This answer depends on the sentencing scheme under which


your client was sentenced. If she committed her federal offense
on or after November 1, 1987, she will earn 54 days of GCT for
each year she serves on her term of imprisonment. If she does
not have a high school diploma or general equivalency diploma
(GED) and is not successfully working towards a GED, she will
earn 42 days of GCT per each year served. She will not earn GCT

Page 4 of 7
on sentences of 12 months or less. See 18 U.S.C. 3624(b).

DESIGNATION FAQS

Question: How soon after sentencing will my client know where he


is designated?

Answer: When the BOP receives the request for designation from
the U.S. Marshals Service (USMS), it will take approximately
seven days to process the request and notify the USMS. The USMS
will then notify your client of his designated facility. If
extenuating circumstances exist, such as serious medical issues
or incomplete documentation, the designation process may take
longer.

Question: The court ordered my client to be designated to a


certain facility. Why was she not designated there?

Answer: Under 18 U.S.C. 3621(b), the BOP is the final


designating authority. The BOP is required to consider the
following when designating offenders to facilities: the resources
of the facility contemplated, the nature and circumstances of the
offense, the offenders history and characteristics, any
statement by the court that imposed the sentence recommending a
type of facility as appropriate, and any pertinent policy
statement issued by the Sentencing Commission. The BOP makes
every attempt to designate an offender to the facility
recommended by the sentencing court. However, if the court
recommends a facility which does not meet your clients security
level, medical or programming needs, or the BOPs need to manage
its population, the BOP will designate your client to an
appropriate institution which meets these needs.

Question: When will my client be considered for a transfer


closer to home?

Answer: Consideration will be given for a nearer release


transfer after an inmate has maintained clear conduct for
eighteen months at his designated institution.

EARLY RELEASE ELIGIBILITY FAQs

Question: What drug abuse treatment programs does the BOP


offer?

Page 5 of 7
Answer: The BOP offers several drug abuse treatment programs,
including the Non-Residential Drug Abuse Treatment Program, the
Residential Drug Abuse Treatment Program (RDAP), and the
Community Transition Drug Abuse Treatment Program. The BOP also
offers a Drug Abuse Education course at every facility.

Question: Do any of these programs offer inmates the incentive


of early release?

Answer: Yes. RDAP offers an early release incentive. If an


inmate successfully completes all 3 phases of RDAP, he or she
may be released up to one year early from the term the inmate
must otherwise serve. See 18 U.S.C. 3621(e)(2)(B).

Question: How does my client participate in RDAP?

Answer: If she wants to participate in RDAP, she should submit


a written request to her institution Drug Abuse Program
Coordinator (DAPC). The DAPC will interview her to determine if
she has a documented substance abuse disorder, and is otherwise
qualified to participate in RDAP.

Question: If the DAPC finds my client is qualified to


participate in RDAP, how does he find out if he is eligible for
early release?

Answer: The DAPC will submit a BP-942 Form, Request for Offense
Review, to the Designation and Sentence Computation Center (DSCC)
Legal Department.

Question: What is the scope of the DSCC Legal Departments


Review?

Answer: The DSCC Legal Department only reviews your clients


current and prior convictions to determine if they preclude him
from early release. Please note that even if the DSCC Legal
Department concludes that these convictions do not preclude him
from early release, he still may not be eligible for early
release based on other reasons outlined in PS 5331.02, Early
Release Procedures Under 18 U.S.C. 3621(e), such as the
placement of a detainer, subsequent disciplinary infractions,
etc.

Question: What does the DSCC Legal Department use to review my


clients current conviction and offense conduct?

Page 6 of 7
Answer: The DSCC Legal Department refers to PS 5162.05,
Categorization of Offenses, and the regulations contained in PS
5331.02, Early Release Procedures Under 18 U.S.C. 3621(e) to
review your clients current conviction and offense conduct.

Question: What does the DSCC Legal Department use to review my


clients prior convictions?

Answer: The DSCC Legal Department refers to the regulations


contained in PS 5331.02, Early Release Procedures Under 18 U.S.C.
3621(e) to review your clients prior conviction and offense
conduct.

Question: How does my client learn the DSCC Legal Departments


determination?

Answer: The DSCC Legal Department will return a completed review


form to your clients DAPC. Institution staff will then meet
with your client to discuss the determination made by the DSCC
Legal Department.

CONTACT INFORMATION : Sonya Cole


Assistant General Counsel
DSCC
(972)352-4425

Jennifer Dannels
Assistant General Counsel
DSCC
(972)595-3188

Tiffany Phillips
Assistant General Counsel
(972)352-4616

Alicia Vasquez
Assistant General Counsel
(972)352-4626

Page 7 of 7
INTERACTION OF FEDERAL AND STATE SENTENCES WHEN THE FEDERAL
DEFENDANT IS UNDER STATE PRIMARY JURISDICTION

HENRY J. SADOWSKI, REGIONAL COUNSEL,


NORTHEAST REGION, FEDERAL BUREAU OF PRISONS
215-521-7375

This memorandum details how the Federal Bureau of Prisons computes federal sentences imposed
when the defendant is under the primary custodial jurisdiction of state authorities. This is
probably the single most confusing and least understood federal sentencing issue. To place this
discussion into context, basic sentencing principles will be discussed and then applied to the state
and federal sentencing issue. The policy of the Bureau of Prisons concerning where the federal
sentence is served will also be addressed.

BASIC FEDERAL SENTENCE COMPUTATION DECISIONS

In any computation of a federal sentence, two separate decisions must be made: when the federal
sentence commences and to what extent the defendant can receive credit for time spent in custody
prior to commencement of sentence.1 For offenses committed prior to November 1, 1987, each
of these decisions is governed by repealed 18 U.S.C. 3568. Section 3568 specifies that the
Attorney General is responsible for sentence computation decisions. For offenses committed on
or after November 1, 1987, commencement of federal sentence is governed by 18 U.S.C.
3585(a), and prior custody credit is governed by 18 U.S.C. 3585(b). The provisions of 3585
were designed to maintain the same basic authority for sentence computation in the Attorney
General as under its predecessor. United States v. Wilson, 503 U.S. 329, 112 S.Ct. 1351 (1992).
Wilson held that, although new 3585 omits the language of old 3568 specifying that the
Attorney General is responsible for sentence computation, Congress did not intend to change this
well settled authority. Id. The authority of the Attorney General to compute sentences has been
delegated to the Federal Bureau of Prisons by 28 C.F.R. 0.96 (2002). 2

COMMENCEMENT OF FEDERAL SENTENCE

The underlying principle of both repealed 3568 and present 3585(a) is that a federal sentence
commences when the defendant is received by the Attorney General of the United States for
service of his federal sentence.3 When a federal sentence is imposed on a defendant in state
custody, the federal sentence may commence when the Attorney General agrees to designate the

1
Chambers v. Holland, 920 F.Supp. 618, 621 (M.D.Pa.), affd, 100 F.3d 946 (3d Cir. 1996); United
States v. Smith, 812 F.Supp. 368, 370 (E.D.N.Y. 1993).
2
See United States v. Pineyro, 112 F.3d 43 (2d Cir. 1997).
3
Pinaud v. James, 851 F.2d 27 (2d Cir. 1988); Salley v. United States, 786 F.2d 546 (2d Cir. 1986);
Chambers v. Holland, 920 F.Supp. at 621.
state facility for service of the federal sentence. 4 The designation authority of the Attorney
General under repealed 18 U.S.C. 4082 had been delegated to the Federal Bureau of Prisons. 28
C.F.R. 0.96(c). Present 18 U.S.C. 3621 explicitly vests the designation authority in the
Bureau of Prisons. The earliest date a federal sentence can commence is the date it is imposed.
Thus, a concurrent sentence commences on date of its imposition not on the date of
commencement of prior sentence, or some earlier date. 5 A sentence cannot be ordered to
commence at a date prior to its imposition.6

A federal sentence does not begin to run when a federal defendant is produced for prosecution by
a federal writ of habeas corpus ad prosequendum from state custody.7 The state authorities retain
primary jurisdiction over the prisoner; federal custody does not commence until the state
authorities relinquish the prisoner on satisfaction of the state obligation.8 The sovereign which
first arrested the offender has primary jurisdiction over the offender, unless that sovereign
relinquishes it to another sovereign by, for example, bail release, dismissal of the state charges,
parole release, or expiration of state sentence. 9 When a prisoner is borrowed from the primary
custodian via a writ of habeas corpus ad prosequendum, principles of comity require the return of
the prisoner to the primary custodian when the prosecution has been completed.10 This concept

4
Taylor v. Sawyer, 284 F.3d 1143 (9th Cir. 2001), cert. denied, 123 S.Ct. 889 (2003); Romandine v.
United States, 206 F.3d 731 (7th Cir. 2000); Rogers v. United States, 180 F.3d 349 (1st 1999), cert. denied, 528
U.S. 1126 (2000); McCarthy v. Doe, 146 F.3d 118 (2d Cir. 1998); Barden v. Keohane, 921 F.2d 476 (3d Cir.
1990); United States v. Pungitore, 910 F.2d 1084, 1118-1119 (3d Cir. 1990), cert. denied, 111 S.Ct. 2009-2011
(1991).

5
Shelvy v. Whitfield, 718 F.2d 441, 444 (D.C.Cir. 1983); United States v. Flores, 616 F.2d 840, 841 (5th
Cir. 1980).
6
United States v. Gonzalez, 192 F.3d 350 (2d Cir 1999); United States v. Labeille-Soto, 163 F.3d 93 (2d
Cir. 1998). But see United States ex rel. Del Genio v. United States Bureau of Prisons, 644 F.2d 585, 589 (7th Cir.
1980), cert. denied, 449 U.S. 1084 (1981) (implying in dicta sentencing judge could order prior commencement).
7
United States v. Cole, 416 F.3d 894 (8th Cir. 2005); United States v. Evans, 159 F.3d 908 (4th Cir.
1998); Thomas v. Whalen, 962 F.2d 358 (4th Cir. 1992); Thomas v. Brewer, 923 F.2d 1361 (9th Cir. 1991);
Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990); Salley v. United States, supra; Hernandez v. United States
Attorney General, 689 F.2d 915 (10th Cir. 1982); Roche v. Sizer, 675 F.2d 507 (2d Cir. 1982); Chambers v.
Holland, 920 F.Supp. at 622.
8
Rios v. Wiley, 201 F.3d 257, 274 (3d Cir. 2001); Jake v. Herschberger, 173 F.3d 1059 (7th Cir. 1999);
Del Guzzi v. United States, 980 F.2d 1269 (9th Cir. 1992); Thomas v. Whalen, 962 F.2d 358 (4th Cir. 1992);
Hernandez v. United States Attorney General, supra; Roche v. Sizer, supra; Crawford v. Jackson, 589 F.2d 693
(D.C.Cir. 1978), cert. denied, 441 U.S. 934 (1979); Cobb v. United States, 583 F.2d 695 (4th Cir. 1978); Chambers
v. Holland, supra; Shumate v. United States, 893 F.Supp. 137 (N.D.N.Y. 1995); Miller v. United States, 826
F.Supp. 636 (N.D.N.Y. 1993). See also Bowman v. United States, 672 F.2d 1145, 1153-154 (3d Cir. 1982).
9
United States v. Cole, 416 F.3d 894 (8th Cir. 2005); Rios v. Wiley, 201 F.3d at 274; Taylor v. Reno,
164 F.3d 440 (9th Cir. 1998); United States v. Warren, 610 F.2d 680 (9th Cir. 1980); Chambers v. Holland, 920
F.Supp. at 622; United States v. Smith, 812 F.Supp. 368 (E.D.N.Y. 1993).

10
Delima v. United States,41 F.Supp. 2d 359 (E.D.N.Y. 1999), affd, 213 F.3d 625 (2d Cir. 2000).
of primary jurisdiction controls many of the decisions in this area.

PRIOR CUSTODY TIME CREDIT

Under the old 3568, a federal prisoner was not entitled to prior custody time credit towards a
federal sentence for the period spent in state custody especially when the state provided credit for
the same period towards a state sentence.11 Time in custody of the United States Marshal
pursuant to a federal writ of habeas corpus ad prosequendum from state custody is not federal
custody in connection with the federal offense. 12 For new law cases, the Supreme Court noted
that under new 3585(b), "Congress made clear that a defendant could not receive double credit
for his detention time." United States v. Wilson, 112 S.Ct. at 1356. Under 3585(b), prior
custody credit cannot be granted if the prisoner has received credit towards another sentence.13
There are some limited exceptions,14 but the general rule is no credit is afforded towards a federal
sentence if credit has been given for the same period of custody towards a state sentence.

CONCURRENT VERSUS CONSECUTIVE SERVICE OF FEDERAL SENTENCE WITH


STATE SENTENCE

As in the commencement decision, the order in which sentences are served is governed by the
concept of primary jurisdiction. If state and federal sentences are imposed on an offender, the
general rule is that the sentence imposed by the sovereign with primary jurisdiction is served first.
Generally, decisions concerning concurrent or consecutive service of a federal sentence with a
state sentence is not dependent on the order of sentence imposition. If the federal judgment and
commitment order is silent and if the state authorities have primary jurisdiction over the
defendant, the Bureau of Prisons applies a presumption that the federal sentence will run
consecutively with the state sentence regardless of which sentence was imposed first15. Under 18
U.S.C. 3584, the federal sentencing judge may specifically order the federal sentence to run
consecutively with a state sentence.16 The Bureau of Prisons interprets 3584 to also permit the

11
Del Guzzi v. United States, 980 F.2d 1269 (9th Cir. 1992); United States v. Blankenship, 733 F.2d
433 (6th Cir. 1984); United States v. Grimes, 641 F.2d 96 (3d Cir. 1981); Siegal v. United States, 436 F.2d 92, 95
(2d Cir. 1970).
12
E.g., Rios v. Wiley, 201 F.3d at 271-74; Thomas v. Whalen, supra; Chambers v. Holland, 920 F.Supp.
at 622; Miller v. United States, supra; United States v. Smith, 812 F.Supp. 368 (E.D.N.Y. 1993). But see Brown v.
Perrill, 28 F.3d 1073 (10th Cir. 1994).
13
Rios v. Wiley, 201 F.3d at 272; Tisdale v. Menifee, 166 F.Supp. 2d 789 (S.D.N.Y.2001)
14
See Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993).
15
This presumption is drawn from 18 U.S.C. 3584(a) which generally requires consecutive service of
sentence imposed at different times unless the court specifies concurrent service.
16
United States v. Williams, 46 F.3d 57 (10th Cir. ), cert. denied, 116 S.Ct. 92 (1995); United States v.
Ballard, 6 F.3d 1502 (11th Cir. 1993); United States v. Hardesty, 958 F.2d 910 (9th Cir. 1992); Pinaud v. James,
851 F.2d 27 (2d Cir. 1988); Salley v. United States, 786 F.2d 546 (2d Cir. 1986).
federal judge to order concurrent service with a state sentence. 17 There is a split in the circuits on
whether the federal judge can order concurrent or consecutive service with a state sentence yet to
be imposed. 18 At a minimum, the Bureau would consider any such order as a recommendation
from the federal sentencing court. To allow the federal sentence to commence, the Bureau of
Prisons designates the state correctional institution (the primary custodian) for service of the
federal sentence. Since the earliest date a federal sentence can commence is the date it is
imposed, this designation may be made nunc pro tunc no earlier than the date of federal
sentencing. A sentence may not be ordered to run concurrent with a sentence which has been
served.19

Under old law, 18 U.S.C. 3568, when the state had primary jurisdiction, an order by the federal
sentencing judge to run the federal sentence concurrently with a state sentence (even one yet to be
imposed) was treated by the Bureau of Prisons as a recommendation since the federal sentencing
court had no power to order a federal sentence to run concurrently with a state sentence. 20 Since
the Bureau usually follows a concurrent recommendation from the sentencing judge, the issue of
the authority of a federal judge to order concurrent service is rarely tested. To give effect to the
federal sentence court's recommendation and allow the federal sentence to commence, the Bureau
designates the state facility for service of the federal sentence.21

PLACE OF INCARCERATION

The primary custodian is responsible for the custody of the defendant, until primary jurisdiction is
relinquished. If a defendant has been arrested by state authorities and the state never relinquished
custody (by bail, dismissal of charges, parole, etc.), the defendant must serve his state sentence in
state custody. Production of the defendant via a federal writ of habeas corpus ad prosequendum
does not shift the primary jurisdiction of custody to federal authorities. 22 After the writ is
satisfied, the United States Marshal must return the "loaned" defendant back to the state, the
primary custodian. Primary jurisdiction is not effected by the order of imposition of federal and
state sentence.

17
United States v. Fuentes, 107 F.3d 1515, 1519 n.6 (11th Cir. 1997).
18
Contrast United States v. Andrews, 330 F.3d 1305 (11th Cir. 2003); United States v. Mayotte, 249
F.3d 797 (8th Cir. 2001); United States v. Williams, supra; United States v. Ballard, supra; Salley v. United
States, supra; with Abdul-Malik v. Hawk-Sawyer, 403 F.3d 72 (2d Cir. 2005); Romandine v. United States, 206
F.3d 731 (7th Cir. 2000); United States v. Quintero, 157 F.3d 1038 (6th Cir. 1998); McCarthy v. Doe, 146 F.3d
118 (2d Cir. 1998); United States v. Clayton, 927 F.2d 491 (9th Cir. 1991).
19
United States v. Labeille-Soto, supra.
20
Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990); United States v. Campisi, 622 F.2d 697 (3d Cir.
1980); Gomori v. Arnold, 533 F.2d 871 (3d Cir.), cert. denied, 429 U.S. 851 (1976); United States v. Huss, 520
F.2d 598 (2d Cir. 1975).
21
See footnote 4.
22
See footnote 11.
The jurisdiction who is the primary custodian is responsible for the costs of incarceration. When
the federal authorities are the primary custodian of the prisoner, the United States bears the costs
of incarceration. When the state authority is primary custodian, the state bears the costs of
incarceration. When the state has primary jurisdiction over a defendant, the federal sentencing
judge may not order the delivery of the defendant for service of sentence in a federal institution.
This order is tantamount to a transfer of custody beyond the jurisdiction of the federal court. 23
Similarly, when the state has primary jurisdiction, the state sentencing judge cannot order that the
state prisoner be transported to a federal institution to serve his state sentence.24 A state court has
no authority to order how a federal sentence is to be computed or served.25

There are several ways in which the Federal Bureau of Prisons may accept a prisoner in primary
state custody. First, under a contract pursuant to 18 U.S.C. 5003, the state authority could
request transfer of the prisoner to the federal authorities with the understanding that the costs of
incarceration are reimbursed to the United States. The existence of a contract between the state
in question and the Bureau must be checked. Secondly, the United States Attorney's Office may
sponsor the placement of a state prisoner in the witness protection program under 18 U.S.C.
3521. Finally, the Federal Bureau of Prisons will accept a state defendant when the state
authorities relinquish primary jurisdiction by parole, bail, dismissal, etc. The act relinquishing
primary jurisdiction usually requires the United States Marshal to assume custody pursuant to an
outstanding detainer. The Marshal then transfers the prisoner to a federal facility designated by
the Federal Bureau of Prisons. If the United States obtains a state inmate under the Interstate
Agreement of Detainers Act (instead of through a writ), the same concepts discussed herein
apply.

IMPACT OF SENTENCING GUIDELINE 5G1.3

At sentencing, it is important to determine to what extent U.S.S.G. 5G1.3 applies to the


defendant. In certain circumstances, 5G1.3 permits the court to make an adjustment or a
downward departure for time spent in detention which would not be awarded towards the federal
sentence by the Bureau of Prisons under 18 U.S.C. 3585(b). Section 5G1.3 has been modified
several times, so it is crucial to determine which version applies to the defendant.26 The present

23
United States v. Warren, 610 F.2d 680 (9th Cir. 1980); United States v. Smith, 812 F.Supp. 368
(E.D.N.Y. 1993).
24
Leal v. Tombone, 341 F.3d 427 (5th Cir. 2003); Taylor v. Sawyer, 284 F.3d 1143 (9th Cir. 2001),
cert. denied, 123 S.Ct. 889 (2003); Del Guzzi v. United States, 980 F.2d 1269 (9th Cir. 1992).
25
Leal v. Tombone, supra; Taylor v. Sawyer, supra; Jake v. Herschberger, 173 F.3d at 1065;United
States v. Yates, 58 F.3d 542, 550 (10th Cir. 1995); Pinaud v. James, 851 F.2d 27, 32 (2d Cir. 1988); United States
v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983).
26
There have been disagreements among circuits concerning different applications of 5G1.3.
Research in the respective circuit case law is also crucial. Precise nuances of the Sentencing Guidelines are
beyond the intention and the scope of this memorandum. The section has included to alert the reader of this other
version of 5G1.3 permits an adjustment (non-departure) if the time in detention is related to the
federal offense (5G1.3(b)). If the court finds an adjustment is justified based on a discharged
sentence, the adjustment is to be via downward departure. If the federal sentencing judge invokes
5G1.3, it is crucial for the Judgment and Commitment order to delineate exactly how the court
determined the sentence. For example, if the court applied an adjustment, a reference to
5G1.3(b) and the amount of adjustment should be noted on the Judgment and Commitment order.
This reference assists the Bureau in resolving issues concerning the courts intent, which issues
often arise years after the sentence was imposed. It is important to note the Bureau of Prisons
will apply the prior custody credit standards of 18 U.S.C. 3585(b) to every federal sentence.
Any reference in the Judgment and Commitment order to credit for time served is unnecessary
and superfluous.

The Bureau has recently centralized its sentence computation and designation functions to the
Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas. In addition to
contacting the author, sentence computation questions can also be directed to Sonya Cole,
Assistant General Counsel, at the DSCC at (972)352-4425.

October 11, 2006

area of sentencing law which may be impacted when a defendant is subject to state and federal prosecutions.
Occupational Training Programs Directory
Learning Skills for W ork

Department of Justice Education Branch


Federal Bureau of Prisons September 2006

Page 1 of 254
TABLE OF CONTENTS

Section Page Number

Introduction 3

Explanations and Abbreviations 4

Institution/Program Index

Northeast Region 7

Mid-Atlantic Region 48

Southeast Region 89

North Central Region 137

South Central Region 180

Western Region 226

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Introduction
This directory is a combined listing of the occupational training and apprenticeship programs offered to inmates in the
Federal Bureau of Prisons (BOP). These programs are listed alphabetically by institution within each of the six regions.
Inmates interested in furthering their education and enhancing their employability skills may enroll. Some courses and
programs may require inmates to meet specific prerequisites before they enroll in the class. This directory is updated
annually.

Occupational training includes exploratory, marketable skill, and apprenticeship level courses. Exploratory courses
require an approved, structured curriculum and provide inmates with an introduction to a cluster of related occupations.
Marketable courses provide employment skills at the entry level for a specific occupational title or cluster of titles.
Apprenticeship training prepares the inmate for the achievement of a journeymans certificate from the U.S. Department
of Labor, Bureau of Apprenticeship and Training. Inmates learn a skill trade under the tutelage of a journeyman level
supervisor.

The BOP also offers Advanced Occupational Education programs which often lead to a one-year certificate or two-year
degree in programs related to specific occupations/vocations.

Once inmates are designated to a BOP facility, they may want to discuss their education goals with their case manager
and education representative to learn about the various educational opportunities. Designations to particular institutions
are ordinarily not based on education preference alone.

For additional information, you may write to a specific institution or:

Education Administrator
Federal Bureau of Prisons
320 First St. NW
Washington, DC 20534

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Explanations and Abbreviations

Explanations and Abbreviations found in the directory:

Acronyms: ADX Administrative Maximum


BOP Bureau of Prisons
FCC Federal Correctional Complex
FCI Federal Correctional Institution
FDC Federal Detention Center
FMC Federal Medical Center
FPC Federal Prison Camp
FTC Federal Transfer Center
MCC Metropolitan Correctional Center
USMCFP United States Medical Center for Federal Prisoners
MDC Metropolitan Detention Center
USP United States Penitentiary

Page 4 of 254
Column 1: Institution Identification Facility Code:

This column gives the institution facility code.

Column 2: Program Title

These are the program titles for all occupational programs. Institutions are organized by region and listed alphabetically.

Column 3: Location

This column indicates whether the program is offered at the main institution (M), the satellite camp ( C ), or at both (B)
locations. If the site is a complex, each facility is listed separately.

Column 4: Gender

This column gives the gender of the institution.

Column 5: Certificate Source

This column lists from where the certificate is issued.

Column 6 (TOP): Accreditation

Many programs are accredited by education organizations outside the Federal Bureau of Prisons. Any marketable
program that is not accredited by an outside organization is required to have a Trade Advisory Board. The Trade
Advisory Board includes experts from the community who oversee the quality and technical content of the program.

Apprenticeship programs are registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training.

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Column 6 (BOTTOM): Instruction Source:

This column indicates if the instruction is from Federal Bureau of Prisons Civil Service staff , or non-civil service contract
instructors from local colleges, universities, or technical schools.

Column 7 Program Length:

This gives the approximate length of the program in months.

Column 8: Prerequisites

The specific requirements needed to be eligible to participate.

Column 9: Public Works/Community Service Projects

This column indicates whether the program includes public works or community service projects.

Column 10: Supports Unicor Operations

This column indicates whether the programs skill instruction or live work production supports Federal Prison Industries
(Unicor) Operations.

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NORTHEAST REGION

FCI Allenwood FCI Fort Dix

LSCI Allenwood USP Lewisburg

USP Allenwood FCI Loretto

MDC Brooklyn FCI McKean

USP Canaan MCC New York

FCI Danbury FCI Otisville

FMC Devens FDC Philadelphia

FCI Elkton FCI Ray Brook

FCI Schuylkill

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LSCI ALLENWOOD (ALF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Accounting M M N ewport Business C ouncil for Independent 48 m onths H S D iplom a N N


Inst. Schools & C olleges or G ED

C ontract

VOC AT IONAL T R AINING

C ulinary A rts M M BOP 12 m onths H S D iplom a N N


or G ED
English
BO P Proficient

O ffice Automation M M BO P C orel W ordperfect 12 m onths H S D iplom a N N


Suite or G ED
Certificate English
Proficient
BO P

APPR ENT IC ESHIP

H ousekeeping M M U SD O L 12 months H S D iploma N N


U SD O L Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 8 of 254
FCI ALLENWOOD (ALM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Accounting M M N ewport Business C ouncil for 48 m onths H S D iplom a N N


Institute Independent Schools & or G ED
C olleges

C ontract

VOC AT IONAL T R AINING

C onstruction C arpentry M M 15 m onths H S D iplom a N N


or G ED

B usiness C om puter M M 3 m os. H S D iplom a N N


or G ED

APPR ENT IC ESHIP

N o Programs O ffered

Page 9 of 254
USP ALLENWOOD (ALP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Accounting M M N ewport Business C ouncil for Independent 12 m onths H S D iplom a N N


Inst. Schools & C olleges or G ED

C ontract

VOC AT IONAL T R AINING

Business and M M N ational T rade A dvisory 12 m onths H S D iplom a N N


Information Processing O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

AutoCAD Lite M M N ational T rade A dvisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Baker M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook/C hef M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

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USP ALLENWOOD (ALP) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

APPR ENT IC ESHIP

Building Maintenance M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Furniture M M U SD O L U SD O L 36 months H S D iploma N N


R epair/C abinet Making Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

U pholsterer M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 11 of 254
MDC BROOKLYN (BRO)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANCED OC C UPAT IONAL EDUCAT ION

C omputer Applications M JR A Educator JR A Educator 3 months N N

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

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USP CANAAN (CAA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Program s O ffered

VOC AT IONAL T R AINING

Basic C onstruction M M BO P H ome Builders 3 m onths H S D iplom a N N


Assn. or G ED

BO P

Electrical Principles M M BO P H ome Builders 3 months H S D iploma N N


Assn. or G ED

BO P

Electrical W iring M M BO P H ome Builders 3 m onths H S D iplom a N N


Assn. or G ED

BO P

H VAC M M BO P H ome Builders 3 months H S D iploma N N


Assn. or G ED

BO P

Plum bing M M BO P H ome Builders 3 months H S D iploma N N


Assn. or G ED

BO P

Page 13 of 254
USP CANAAN (CAA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

APPR ENT IC ESHIP

Electrical M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulture C M U SD O L U SD O L 18 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumbing M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

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FCI DANBURY (DAN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Management Studies B F N augatuck Valley N ew England 12 months HS D iploma/G ED N N


C ommunity C ollege Association of C ollege Entrance
Schools and Exam
C olleges

C ontractor

VOC AT IONAL T R AINING

C ulinary Arts M F N ational 12 months HS D iploma/G ED N N


O ccupational English Proficient
C ompetency Medical C learance
T esting Institute BO P FR P C ompliant
(N O C T I)

H orticulture M F N ational 12 months HS D iploma/G ED N N


O ccupational English Proficient
C ompetency Medical C learance
T esting Institute BO P FR P C ompliant
(N O C T I)

G reenhouse Mgmt. M F N ational 6 months HS D iploma/G ED N N


O ccupational English Proficient
C ompetency Medical C learance
T esting Institute BO P FR P C ompliant
(N O C T I)

D og Handler M F Puppies Behind Puppies Behind 18 months HS D iploma/G ED N N


Bars Bars English Proficient
Medical C learance
C ontractor FR P C ompliant

Page 15 of 254
FCI DANBURY (DAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M F U SD O L U SD O L 48 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

C ook/Baker M F U SD O L U SD O L 36 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

D ental Assistant M F U SD O L U SD O L 12 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

Stationary Engineer M F U SD O L U SD O L 36 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

Page 16 of 254
FCI DANBURY (DAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Stationary Engineer M F U SD O L U SD O L 36 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

Plumber M F U SD O L U SD O L 48 months Ability to master N N


Bureau of rudiments of the
Apprenticeship trade, aptitude test,
physically fit,
BO P complete two years
of H S or G ED , at
least 21 yrs. old

T ool Machine M F U SD O L U SD O L 36 months Ability to master N N


Set Up O perator Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

Landscaper M F U SD O L U SD O L 12 months Ability to master N N


Bureau of trade, aptitude test,
Apprenticeship physically fit,
complete two years
BO P of H S or G ED , at
least 21 yrs. old

Page 17 of 254
FMC DEVENS (DEV)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction Source

Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Program s O ffered

VOC AT IONAL T R AINING

Building T rades M M N ational T rade A dvisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C omputer Applications M M N ational T rade Advisory 6 months N o history of N N


O ccupational computer
C ompetency offenses,
T esting Institute G ED or
BO P
(N O C T I) concurrent
enrollment

C omputer G raphics 6 months

APPR ENT IC ESHIP

N o Program s O ffered

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FCI ELKTON (ELK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Management M M Kent State 12 months H S D iploma N N


U niversity or G ED
C ontractor

VOC AT IONAL T R AINING

Building T rades M M N ational T rade Advisory 6 months H S D iploma Y N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Baker M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C omputer O perator M M U SD O L U SD O L 36 months H S D iploma N N


D ata-Editor- Bureau of or G ED
Proofreader Apprenticeship

BO P

D ata Entry C lerk M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 19 of 254
FCI ELKTON (ELK) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape Mgmt. M M U SD O L U SD O L 12 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Material C oordinator M M U SD O L U SD O L 24 months H S D iploma N N


Production C lerk Bureau of or G ED
Apprenticeship

BO P

Page 20 of 254
FCI ELKTON (ELK) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Plumber M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

O ffice Manager M M U SD O L U SD O L 48 months H S D iploma N N


Administrative Service Bureau of or G ED
Apprenticeship

BO P

T ailor M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 21 of 254
FCI FAIRTON (FAI)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Aquaculture M M BO P C umberland 12 months H S D iploma Y N


C ommunity C ollege or G ED

BO P

Business M M H S D iploma Y N
Administration or G ED

VOC AT IONAL T R AINING

Baking B M BO P C umberland 12 months H S D iploma Y N


C ommunity C ollege or G ED

BO P

Barber M M BO P and C umberland 6 months H S D iploma N N


C um berland C C C ommunity C ollege or G ED

BO P and
C ontractor

Building T rades M M BO P C umberland 12 months H S D iploma Y Y


C ommunity C ollege or G ED

BO P

C omputer Assisted M M N ational T rade Advisory 6 months H S D iploma N Y


Engraving O ccupational or G ED Engraved
C ompetency Signage
T esting Institute BO P
(N O C T I)

Page 22 of 254
FCI FAIRTON (FAI) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

C ulinary Arts M M BO P C umberland 12 months H S D iploma N N


C ommunity C ollege or G ED

BO P

H orticulture M M BO P C umberland 12 months H S D iploma Y N


C ommunity C ollege or G ED

BO P

APPR ENT IC ESHIP

H VAC M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Baker M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 23 of 254
FCI FAIRTON (FAI) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D og T rainer M M U SD O L U SD O L 14 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Experimental M M U SD O L U SD O L 24 months H S D iploma N N


Assembler Bureau of or G ED
Apprenticeship

BO P

Page 24 of 254
FCI FAIRTON (FAI) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Fish H atchery M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Industrial H ousekeeper M M U SD O L U SD O L 8 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Injection-Molding M M U SD O L U SD O L 12 months H S D iploma N N


Machine O perator Bureau of or G ED
Apprenticeship

BO P

Injection-M old Setter M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape G ardner M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 25 of 254
FCI FAIRTON (FAI) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscape T echnician M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance R epair M M U SD O L U SD O L 24 months H S D iploma N N


Building Bureau of or G ED
Apprenticeship

BO P

Q uality Assurance M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 26 of 254
FCI FORT DIX (FTD)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Auto CAD EAST M Burlington C ounty 6 months H S D iploma N N


W EST Institute of or G ED
T echnology English Proficient
C ontractor

Computer Applications EAST M Burlington C ounty 6 months H S D iploma N N


W EST Institute of or G ED
T echnology English Proficient
C ontractor

H azardous Material EAST M Burlington C ounty 4 months H S D iploma N N


H andling W EST Institute of or G ED
T echnology English Proficient
C ontractor

VOC AT IONAL T R AINING

Computer O perations EAST M N ational T rade Advisory 8 months H S D iploma N N


W EST O ccupational or G ED
C ompetency English Proficient
T esting Institute 2 years
BO P
(N O C T I) rem aining on
sentence

Advanced C omputer EAST M N ational T rade Advisory 8 months H S D iploma or N N


O perations W EST O ccupational G ED
C ompetency English Proficient
T esting Institute 2 years
BO P
(N O C T I) rem aining on
sentence

Page 27 of 254
FCI FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Custom Picture EAST M N ational T rade Advisory 3 months H S D iploma N N


Framing O ccupational or G ED
C ompetency English Proficient
T esting Institute 1 year remaining
BO P
(N O C T I) on sentence

C arpentry/W ood EAST M N ational T rade Advisory 4 months H S D iploma Y N


O ccupational or G ED
C ompetency English Proficient
T esting Institute BO P 1 year remaining
(N O C T I) on sentence

Electrical W iring W EST M N ational T rade Advisory 5 months H S D iploma N N


Basic & R esidential O ccupational or G ED
C ompetency English Proficient
T esting Institute 1 year
BO P
(N O C T I) rem aining on
sentence

Masonry W EST M N ational T rade Advisory 3 months H S D iploma N N


O ccupational or G ED
C ompetency English Proficient
T esting Institute 1 year
BO P
(N O C T I) rem aining on
sentence

Page 28 of 254
FCI Fort DIX Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Bookbinder M M U SD O L U SD O L 60 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Bricklayer and T ile M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Bricklayer, M M U SD O L U SD O L 36 months H S D iploma N N


C onstruction Bureau of or G ED
Apprenticeship

BO P

C abinetmaker M M U SD O L 48 months H S D iploma N N


U SD O L Bureau of or G ED
Apprenticeship

BO P

Page 29 of 254
FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook, Pastry M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ustomer Service M M U SD O L U SD O L 36 months H S D iploma N N


R epresentative Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 30 of 254
FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Maintenance Bureau of or G ED
Apprenticeship

BO P

Floor Layer M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Furniture Finisher M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H ealth Sanitation M M U SD O L U SD O L 12 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Page 31 of 254
FCI FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC Installer M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulturist M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape G ardner M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape T echnician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 32 of 254
FCI FORT DIX Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Painter, C onstruction M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter, H and Finishing M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter, Sign M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SD O L 24 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Page 33 of 254
FCI FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

R efrigeration U nit M M U SD O L U SD O L 36 months H S D iploma N N


R epair Bureau of or G ED
Apprenticeship

BO P

R esidential C arpenter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Sheet Metal W orker M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Shoe R epair M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

T ailor M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 34 of 254
FCI FORT DIX (FTD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

T eachers Aide M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 35 of 254
USP LEWISBURG (LEW)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Accounting B M N ewport Business C ouncil of 48 months H S D iploma N N


and C ustomer Svc. Institute Independent or G ED
Schools & C olleges

C ontractor

VOC AT IONAL T R AINING

D ental T echnician M M BO P 24 months H S D iploma N N


or G ED
BO P D exterity T est

H VAC M M American 24 months H S D iploma N Y


R efrigeration or G ED
Institute/ PA
BO P
Petroleum A ssoc.

APPR ENT IC ESHIP

H VAC M M U SD O L U SD O L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

D ental T echnician M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 36 of 254
USP LEWISBURG (LEW) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Q uality C ontrol M M U SD O L U SD O L 24 months H S D iploma N Y


Inspector Bureau of or G ED
Apprenticeship

BO P

T ool and D ie Maker M M U SD O L U SD O L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

H ousekeeper, M M U SD O L U SD O L 12 months H S D iploma N N


C ommercial Bureau of or G ED
Apprenticeship

BO P

Page 37 of 254
FCI LORETTO (LOR)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Information Processing B M Spring C ove PA D ept. of Ed. 3 months H S D iploma N Y


Microsoft O ffice School D istrict or G ED
BO P English Proficient

Personal Fitness B M International International 3 months H S D iploma N N


T rainer Fitness Fitness or G ED
Professional Assn. Professional Assn. English Proficient

BO P

T elecommunications B M W rightco PA D ept. of Ed. 3 months H S D iploma N Y


Fiber O ptics T echnologies or G ED
English Proficient
18 mos. of
C ontractor release
C annot be
colorblind

VOC AT IONAL T R AINING

N o Program s O ffered

APPR ENT IC ESHIP

N o Program s O ffered

Page 38 of 254
FCI MC KEAN (MCK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Auto CAD M M N ational T rade Advisory 8 months HS D iploma /G ED N Y


O ccupational or
C ompetency G ED Enrolled
T esting Institute BO P
(N O C T I)

Building T rades M M N ational T rade Advisory 12 months HS D iploma /G ED Y N


O ccupational or
C ompetency G ED Enrolled
T esting Institute BO P
(N O C T I)

C ulinary Arts M M N ational T rade Advisory 3 months HS D iploma /G ED N N


O ccupational or
C ompetency G ED Enrolled
T esting Institute BO P
(N O C T I)

Commercial Foods M M 4 months HS D iploma /G ED N N


or
G ED Enrolled

Horticulture M M 3 months HS D iploma /G ED N N


or
G ED Enrolled

Page 39 of 254
FCI MC KEAN (MCK) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker M M U SD O L U SD O L 36 months VT C ulinary, Y N


Bureau of appropriate work
Apprenticeship assignment

BO P

Building Maintenance M M U SD O L U SD O L 24 months U nicor R eferral N Y


Service Bureau of
Apprenticeship

BO P

C ook M M U SD O L U SD O L 24 months VT C ulinary, Y N


Bureau of appropriate work
Apprenticeship assignment

BO P

Industrial Engineering M M U SD O L U SD O L 12 months U nicor R eferral N Y


T echnician Bureau of
Apprenticeship

BO P

Q uality Assurance M M U SD O L U SD O L 12 months U nicor R eferral N Y


T echnician Bureau of
Apprenticeship

BO P

Page 40 of 254
MCC NEW YORK (NYM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic C omputer M M/F JR A Educators 60 hours H S D iploma N N


Applications International, Inc. or G ED
10 months
rem aining on
C ontractor sentence
cadre inmates
only

Advanced C omputer M M JR A Educators 6 months H S D iploma N N


Applications International, Inc. or G ED
10 months
rem aining on
C ontractor sentence
cadre inmates
only

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 41 of 254
FCI OTISVILLE (OTV)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Leadership M M Marist C ollege Assn. T o Advance 12 months H S D iploma N N


C ollegiate Schools or G ED
of Business

C ontractor

VOC AT IONAL T R AINING

H orticulture M M BO P T rade Advisory 6 months H S D iploma N N


or G ED
BO P

Business C omputer M M BO P T rade Advisory 12 months H S D iploma N N


Applications or G ED
BO P

T extiles and Materials M M BO P T rade Advisory 6 months H S D iploma N N


or G ED
BO P

APPR ENT IC ESHIP

Plumber M M U SD O L U SD O L 60 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plant Maintenance M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 42 of 254
FCI OTISVILLE (OTV) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C abinet Maker M M U SD O L U SD O L 30 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

R efrigeration and Air M M U SD O L U SD O L 48 months H S D iploma N N


C onditioning Mechanic Bureau of or G ED
Apprenticeship

BO P

Page 43 of 254
FDC PHILADELPHIA (PHL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 44 of 254
FCI RAY BROOK (RBK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Alcohol Substance M M O ASES O ffice of Alcohol 10 m onths H S D iplom a N N


Abuse Studies and Substance or G ED
Abuse Services

BO P/contractor

VOC AT IONAL T R AINING

Electronics M M Electronic Industry 8 m onths H S D iplom a N N


Assn. or G ED
H ealthkit Ed.
S ystem s

APPR ENT IC ESHIP

N o Programs O ffered

Page 45 of 254
FCI SCHUYLKILL (SCH)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

H orticulture M M N ational T rade A dvisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Landscaping M M N ational T rade A dvisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Floriculture M M N ational T rade A dvisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C arpentry Helper M M N ational T rade A dvisory 3 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C arpentry Fram ing M M N ational T rade Advisory 3 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 46 of 254
FCI SCHUYLKILL (SCH) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

C arpentry Roofing M M N ational T rade Advisory 3 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Q uality Assurance M M U SD O L U SD O L 24 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 47 of 254
MID ATLANTIC REGION

FPC Alderson USP Hazelton

FCI Ashland USP Lee

FCI Beckley FMC Lexington

USP Big Sandy FCI Manchester

FCC Butner (Low) FCI Memphis

FCC Butner (Medium) USP McCreary

FMC Butner FCI Morgantown

FCI Cumberland FCC Petersburg (Low)

FCI Gilmer FCC Petersburg (Medium)

Page 48 of 254
FPC ALDERSON (ALD)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C osmetology C F State of W est State of W est 18 m onths H S D iplom a N N


Virginia Virginia or G ED

BO P

G eneral O ffice Clerk C F Bluefield State N orth C entral Assn 12 m onths H S D iplom a N N
C ollege of C olleges & or G ED
Schools

C ontractor

Medical O ffice Clerk C F Bluefield State N orth C entral Assn 12 m onths H S D iplom a N N
College of C olleges & or G ED
Schools

C ontractor

Medical Insurance C F

VOC AT IONAL T R AINING

Business Management C F N ational T rade A dvisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 49 of 254
FPC ALDERSON (ALD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

H orticulture C F N ational W VA D ept. O f 6 m onths H S D iplom a N N


O ccupational Education or G ED
C ompetency T rade Advisory
T esting Institute
(N O C T I) BO P

Library Assistant C F N ational W VA D ept. O f 8 m onths H S D iplom a N N


O ccupational Education or G ED
C ompetency T rade Advisory
T esting Institute
(N O C T I) BO P

APPR ENT IC ESHIP

Air C onditioning/ C F U SD O L U SD O L 36 months H S D iploma N N


R efrigeration Bureau of or G ED
Apprenticeship

BO P

Auto Mechanic C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 50 of 254
FPC ALDERSON (ALD) Continued
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Bricklayer C F U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook C F U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental C F U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 51 of 254
FPC ALDERSON (ALD) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrician C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

T eacher Assistant C F U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Powerhouse C F U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elder C F U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook C F U SD O L Bureau of 36 m onths H S D iplom a N N


Apprenticeship or G ED

BO P

Page 52 of 254
FCI ASHLAND (ASH)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business T echnology M M Ashland Southern Assn. O f 24 months HS D iploma/G ED N N


C ommunity C ollege U niversities & 2 yrs. remaining
C olleges on sentence.
N o previous
C ontractor degree

C omputer Applications C M Ashland Southern Assn. O f 6 months HS D iploma/G ED N N


C ommunity C ollege U niversities & N ear release
C olleges

C ontractor

VOC AT IONAL T R AINING

Autobody H elper M M N ational T rade Advisory 6 months Approval of SLN Y N


O ccupational Instructor
C ompetency
T esting Institute
BO P
(N O C T I)

Autobody Man M M N ational T rade Advisory 6 months H S D iploma Y N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 53 of 254
FCI ASHLAND (ASH) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Autobody Painter M M N ational T rade A dvisory 6 m onths H S D iplom a Y N


O ccupational or G ED
C ompetency
T esting Institute
BO P
(N O C T I)

Basic D rafting M M N ational T rade A dvisory 4 m os. H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

W elding M M N ational T rade A dvisory 24 m os. H S D iplom a Y N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Baker B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 54 of 254
FCI ASHLAND (ASH) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Maintenance B M U SD O L U SD O L 48 months H S D iploma N N


Electrician Bureau of or G ED
Apprenticeship

BO P

C om bination W elder B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 55 of 254
FCI BECKLEY (BEC)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business M M N ew R iver N orth Central Assn. 12 m onths H S D iplom a N N


Administration C ommunity and O f C olleges & or G ED
T echnical C ollege Schools

C ontractor

Major Appliance Repair M M R aleigh C ounty Raleigh C ounty 4 m onths H S D iplom a N N


Board of Education Board of Education or G ED

C ontractor

VOC AT IONAL T R AINING

Blueprint M M R aleigh C ounty Raleigh C ounty 3 m os. H S D iplom a N N


Board of Education Board of Education or G ED

BO P

C arpentry M M R aleigh C ounty Raleigh C ounty 3 m os. H S D iplom a N N


Board of Education Board of Education or G ED

BO P

C omputer B M R aleigh C ounty Raleigh C ounty 4 m onths H S D iplom a N N


Board of Education Board of Education or G ED

C ontractor

Electrician M M R aleigh C ounty Raleigh C ounty 4 m onths H S D iplom a N N


Board of Education Board of Education or G ED

BO P

Page 56 of 254
FCI BECKLEY (BEC) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Masonry M M R aleigh C ounty Raleigh C ounty 6 m onths H S D iplom a N N


Board of Education Board of Education or G ED

BO P

Plumbing M M R aleigh C ounty Raleigh C ounty 3 m onths H S D iplom a N N


Board of Education Board of Education or G ED

BO P

Small Engine Repair B M R aleigh C ounty Raleigh C ounty 3 m os. H S D iplom a N N


Board of Education Board of Education or G ED

C ontractor

APPR ENT IC ESHIP

C arpentry M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrical M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 57 of 254
USP BIG SANDY (BSY)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Industrial Sewing M M Kentucky Kentucky 6 months H S D iploma N Y


C ommunity C ollege C ommunity C ollege or G ED
and T echnical & T echnical School English Proficient
School Assn. Assn.

C ontractor

Electrical Principles M M Kentucky Kentucky 4 m onths H S D iplom a N N


C ommunity C ollege C ommunity C ollege or G ED
and T echnical & T echnical School English Proficient
School Assn. Assn.

C ontractor

Electrical R esidential M M Kentucky Kentucky 4 m onths H S D iplom a N N


W iring C ommunity C ollege C ommunity C ollege or G ED
and T echnical & T echnical School English Proficient
School Assn. Assn.

C ontractor

VOC AT IONAL T R AINING

C omputer Applications M M BO P Kentucky 4 months H S D iploma N N


C ommunity C ollege or G ED
& T echnical School
Assn.

BO P

Page 58 of 254
USP BIG SANDY (BSY) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Factory Fundamentals M M N ational T rade Advisory 3 months HS D iploma/G ED N Y


O ccupational or
C ompetency G ED enrolled with
T esting Institute BO P 8.0 reading level
(N O C T I)

APPR ENT IC ESHIP

N o Programs O ffered

Page 59 of 254
FCI BUTNER (BUT)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Electrical M M Vance G ranville So. Association of 12 months H S D iploma N N


C ommunity C ollege C olleges & Schools or G ED

C ontractor

Building T rades M M Vance G ranville So. Association of 12 months H S D iploma N N


C ommunity C ollege C olleges & Schools or G ED

C ontractor

O ffice S ystem s B M Vance G ranville So. Association of 12 months H S D iploma N N


T echnology C ommunity C ollege C olleges & Schools or G ED

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 60 of 254
LSCI BUTNER (BUF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Building T rades M M Vance G ranville So. Association of 12 months H S D iploma N N


C ommunity C ollege C olleges & Schools or G ED

C ontractor

H VAC M M Vance G ranville So. Association of 12 months H S D iploma N N


C ommunity C ollege C olleges & Schools or G ED

C ontractor

O ffice S ystem s M M Vance G ranville So. Association of 12 months H S D iploma N N


T echnology C ommunity C ollege C olleges & Schools or G ED

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

Q uality Assurance M M U SD O L U SD O L 24 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 61 of 254
FMC BUTNER (BUH)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Manufacturing M M D urham C o. D urham C o. 12 months H S D iploma N N


C ommunity C ollege C ommunity C ollege or G ED

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

BioM edical M M U SD O L U SD O L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 62 of 254
FCI CUMBERLAND (CUM)
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business T echnology M M Allegheny C ollege Middle States H S D iploma N N


of Maryland Association of or G ED
C olleges & Schools English Proficient

C ontractor

C om puter Applications M M Marketable JR A Educators 3 months H S D iploma N N


Allegheny C ollege or G ED
of Maryland C ontractor English Proficient

C anine Partners M M Penn Foster Penn Foster 18 months H S D iploma Y N


Educators Educators or G ED
English Proficient
C ontractor

VOC AT IONAL T R AINING

D rywall M M Allegheny C ollege Middle States 2 months H S D iploma N Y


of Maryland Association of or G ED
C olleges & Schools

BO P

Blueprint M M Allegheny C ollege Middle States 2 months H S D iploma N Y


of Maryland Association of or G ED
C olleges & Schools

BO P

Page 63 of 254
FCI CUMBERLAND (CUM) Continued
VOC AT IONAL T R AINING

Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

C arpentry M M Allegheny C ollege Middle States 6 months H S D iploma N Y


of Maryland Association of or G ED
C olleges & Schools

BO P

APPR ENT IC ESHIP

N o Programs O ffered

Page 64 of 254
FCI GILMER (GIL)
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Automotive Service M M T BD T BD T BD H S D iploma N Y


or G ED

Business T echnology M M G lenville State N orth C entral 12 months H S D iploma N N


College Association of or G ED
C olleges & Schools English Proficient

C ontractor

Major Appliance Repair M M C alhoun-G ilmer 6 months H S D iploma N N


C areer C enter or G ED
BO P English Proficient

VOC AT IONAL T R AINING

C omputer Applications M M C alhoun-G ilmer C alhoun C ounty 9 months H S D iploma N N


C areer C enter Schools or G ED
English Proficient
BO P

R esidential Electric M M C alhoun-G ilmer C alhoun C ounty 6 months H S D iploma N N


W iring C areer C enter Schools or G ED
English Proficient
BO P

APPR EN T IC ESH IP

H VAC M M C alhoun-G ilmer C alhoun C ounty 6 months H S D iploma N N


C areer C enter Schools or G ED
English Proficient
BO P

Page 65 of 254
FCI GILMER (GIL) Continued
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR EN T IC ESH IP

Auto Mechanics M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship English Proficient

BO P

Baker M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrical Maintenance M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 66 of 254
FCI GILMER (GIL) Continued
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR EN T IC ESH IP

Plumber M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Powerhouse Mechanic C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elder C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Institutional C ook M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 67 of 254
USP LEE (LEE)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Building T rades M M Mountain E mpire Southern 4 months H S D iploma N N


C ommunity C ollege Association of or G ED
C olleges & Schools English Proficient

C ontractor

APPR ENT IC ESHIP

Q uality Assurance M M U SD O L U SD O L 18 months H S D iploma N Y


Inspector Bureau of or G ED
Apprenticeship

BO P

Administrative M M U SD O L U SD O L 12 months H S D iploma N Y


Assistant Bureau of or G ED
Apprenticeship

BO P

Page 68 of 254
FMC LEXINGTON (LEX)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

B raille T ranscriber M M Library of C ongress Library of C ongress 18 m onths H S D iplom a Y N


or G ED
BO P

Building T rades M M BO P C ouncil on 6 m onths H S D iplom a Y N


O ccupational or G ED
Education

BO P

C omputer Applications B M/F BO P C ouncil on 6 m onths H S D iplom a N N


O ccupational or G ED
Education

BO P

H orticulture M M BO P C ouncil on 6 m onths H S D iplom a Y N


O ccupational or G ED
Education

BO P

APPR ENT IC ESHIP

Baker M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 69 of 254
FMC LEXINGTON (LEX) Continued
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpentry M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook B M/F U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant B M/F U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Lab T echnician M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 70 of 254
FMC LEXINGTON (LEX) Continued
Program Location G ender Accreditation Program Prerequisites Public W orks/ Supports
Main C ertificate Source Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Pipe Fitter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 71 of 254
FMC LEXINGTON (LEX) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Power H ouse M M U SD O L U SD O L 48 months H S D iploma N N


Mechanic Bureau of or G ED
Apprenticeship

BO P

Q uality Assurance M M U SD O L U SD O L 48 months H S D iploma N N


Inspector Bureau of or G ED
Apprenticeship

BO P

W elder M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Building Maintenance C F U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Autom obile Mechanic C F U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 72 of 254
FCI MANCHESTER (MAN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ulinary Arts 12 months H S D iploma


or G ED

VOC AT IONAL T R AINING

Auto CAD M M N ational T rade Advisory 12 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Building T rades M M N ational T rade Advisory 9 months H S D iploma N N


C arpentry O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C abinetmaker M M N ational T rade Advisory 6 months H S D iploma Y N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H orticulture C M N ational T rade Advisory 18 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 73 of 254
FCI MANCHESTER (MAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

H VAC M M N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Automotive C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Baker B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C abinetmaker M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpentry B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 74 of 254
FCI MANCHESTER (MAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulture B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 75 of 254
USP MC CREARY (MCR)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Auto CAD M M N ational T rade A dvisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency 18 months on
T esting Institute BO P sentence
(N O C T I)

Microsoft O ffice M M N ational T rade A dvisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency 18 months on
T esting Institute BO P sentence
(N O C T I)

Introduction of O ffice C M N ational T rade A dvisory 3 m onths H S D iplom a N N


O ccupational or G ED
C ompetency 18 months on
T esting Institute BO P sentence
(N O C T I)

APPR EN T IC ESH IP

Autom otive Mechanics C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 76 of 254
USP MC CREARY (MCR) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Painter M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Powerhouse Mechanic C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D raftsman M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 77 of 254
USP MC CREARY (MCR) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscaper C M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elder C M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 78 of 254
FCI MEMPHIS (MEM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Q uality & Productivity M M Memphis C ity T ennessee Higher 12 m onths H S D iplom a N N


Basic Schools Education or G ED

C ontractor

Q uality & Productivity M M Memphis C ity T ennessee Higher 12 m onths H S D iplom a N N


Advanced Schools Education or G ED

C ontractor

C omputer Business M M Memphis C ity T ennessee Higher 12 m onths H S D iplom a N N


Education Schools Education or G ED

C ontractor T yping Skills

VOC AT IONAL T R AINING

Building T rades M M BO P T ennessee Higher 12 months R elated T rades N N


Education
C ommission

BO P

APPR ENT IC ESHIP

Air C onditioning B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 79 of 254
FCI MEMPHIS (MEM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR EN T IC ESH IP

D ental Assistant B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D rafter Architectural M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Food Service C ook B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape B M U SD O L U SD O L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance B M U SD O L U SD O L 48 months H S D iploma N N


Electrician Bureau of or G ED
Apprenticeship

BO P

Page 80 of 254
FCI MEMPHIS (MEM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

M aintenance Painter B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

M aintenance Plum ber B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Printer Slotter O perator M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SD O L 36 months H S D iploma N Y


T echnology Bureau of or G ED
Apprenticeship

BO P

C om bination W elder C M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 81 of 254
FCI MORGANTOWN (MRG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Administrative M M Fairm ont State N orth C entral 12 months H S D iploma N N


Assistant College Association & the or G ED
H igher Learning
C ommission

C ontractor

Auto CAD M M Fairm ont State N orth C entral 12 months H S D iploma N N


College Association & the or G ED
H igher Learning
C ommission

C ontractor

VOC AT IONAL T R AINING

C omm erce M M N ational T rade Advisory 4 months H S D iploma N N


O ccupations O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

G raphic Arts M M N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

W elding M M N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 82 of 254
FCI MORGANTOWN (MRG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C om bination W elder M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ommercial M M U SD O L U SD O L 36 months H S D iploma N N


Photographer Bureau of or G ED
Apprenticeship

BO P

C om puter T echnology M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SD O L 36 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 83 of 254
FCI MORGANTOWN (MRG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC T echnician M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape G ardener M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

O ffset Press O perator M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SD O L 36 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 84 of 254
LSCI PETERSBURG (PET)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic C omputer Skills C M John T yler Southern 12 months H S D iploma N N


C ommunity C ollege Association of or G ED
C olleges & Schools

C ontractor

VOC AT IONAL T R AINING

Machinist T rade M M State Board State Board 12 months H S D iploma N Y


Vocational Vocational or G ED
Education of Education of
Virginia Virginia

BO P

Masonry M M State Board State Board 2 months H S D iploma N N


Vocational Vocational or G ED
Education of Education of
Virginia Virginia

BO P

Building T rades M M State Board State Board 2 months H S D iploma Y N


Vocational Vocational or G ED
Education of Education of
Virginia Virginia

BO P

Page 85 of 254
LSCI PETERSBURG (PET) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

HVAC M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrical Maintenance M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape B M U SD O L U SD O L 18 months H S D iploma N N


Management Bureau of or G ED
T echnician Apprenticeship

BO P

Machinist M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 86 of 254
FCI PETERSBURG (PEM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Auto C AD M M State Board State Board 12 months H S D iploma N N


Vocational Vocational or G ED
Education of Education of or
Virginia Virginia concurrent
enrollment
BO P

Building T rades M M State Board State Board 2 months H S D iploma Y N


Vocational Vocational or G ED
Education of Education of
Virginia Virginia

BO P

APPR ENT IC ESHIP

H VAC M M Apprenticeship U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

U SD O L BO P

C arpentry M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 87 of 254
FCI PETERSBURG (PEM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrical Maintenance M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 88 of 254
SOUTHEAST REGION

FCI Atlanta FCI Marianna

FCI Bennettsville FCI Miami

FCC Coleman (Low) FDC Miami

FCC Coleman (Medium) FPC Montgomery

FCC Coleman (USP) FPC Pensacola

FCC Coleman (USPII) FCI Tallahassee

FCI Edgefield FCI Talladega

FCI Estill FCC Williamsburg

FDC Guaynabo FCC Yazoo City (Low)

FCI Jesup FCC Yazoo City (Medium)

Page 89 of 254
USP ATLANTA (ATL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic C ustodial B M BO P International 6 m onths H S D iplom a N N


Maintenance Executive or G ED
H ousekeepers
Assn.

BO P

C ertification C ustodial B M BO P International 12 m onths H S D iplom a N N


Maintenance Executive or G ED
H ousekeepers
Assn.

BO P

Building Maintenance / M M BO P N ational Center for 12 m onths H S D iplom a N N


Electric C onstruction or G ED
Education &
R esearch

BO P

VOC AT IONAL T R AINING

H V AC M M BOP 12 m onths H S D iplom a N N


or G ED
BO P

Page 90 of 254
USP ATLANTA (ATL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook B M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or
Apprenticeship G ED

BO P

Electrician B M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or
Apprenticeship G ED

BO P

Plumber B M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or
Apprenticeship G ED

BO P

Page 91 of 254
FCI BENNETTSVILLE (BEN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

W elding M M Florence Darlington Southern Assn. of 12 months H S D iploma N Y


T echnical C ollege C olleges and or G ED
Schools

C ontractor

VOC AT IONAL T R AINING

Automotive M M ASE ASE 12 months H S D iploma N N


Automotive Service or G ED
Excellence BO P

APPR ENT IC ESHIP

H VAC M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 92 of 254
FCC COLEMAN - LOW (COL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ulinary Arts M M C reative S tate of Florida 12 m onths H S D iplom a N N


Management or G ED
C oncepts C ontractor

VOC AT IONAL T R AINING

Business Education M M N ational State of Florida 4 m onths H S D iplom a N N


O ccupational T rade Advisory or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H VAC M M N ational State of Florida 4 m onths H S D iplom a N N


O ccupational T rade Advisory or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

D ental Assistant M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 93 of 254
FCC COLEMAN - LOW (COL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Plumber Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Electrical Bureau of or G ED
Apprenticeship

BO P

Page 94 of 254
FCC COLEMAN - MEDIUM/CAMP (COM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ulinary Arts B M/F C reative S tate of Florida 12 m onths H S D iplom a N N


Management or G ED
C oncepts C ontractor

Marketing

VOC AT IONAL T R AINING

Business Education B M/F N ational S tate of Florida 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

D rafting M M N ational S tate of Florida 6 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H VAC M M N ational S tate of Florida 6 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 95 of 254
FCC COLEMAN - MEDIUM/CAMP (COM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Assistant M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Plumber Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Electrical Bureau of or G ED
Apprenticeship

BO P

Page 96 of 254
FCC COLEMAN - USP (COP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ulinary Arts M M C reative S tate of Florida 12 m onths H S D iplom a N N


Management or G ED
C oncepts C ontractor

VOC AT IONAL T R AINING

Business Education M M N ational S tate of Florida 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

HVAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 97 of 254
FCC COLEMAN - USP (COP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Plumber Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Electrical Bureau of or G ED
Apprenticeship

BO P

Page 98 of 254
FCC COLEMAN - USP 2 (CLP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

VOC AT IONAL T R AINING

Business Education M M N ational S tate of Florida 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H VAC M M N ational S tate of Florida 6 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

C ook M M U SD O L U SDO L H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SDO L H S D iploma N N


H otel and Restaurant Bureau of or G ED
Apprenticeship

BO P

Page 99 of 254
FCC COLEMAN - USP 2 (CLP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Plumber Bureau of or G ED
Apprenticeship

BO P

Maintenance M echanic M M U SD O L U SDO L 48 months H S D iploma N N


Electrical Bureau of or G ED
Apprenticeship

BO P

Page 100 of 254


FCI EDGEFIELD (EDG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

C ulinary Arts M M N ational T rade Advisory 2 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C ulinary Arts M M Serv Safe National 2 m onths H S D iplom a N N


Serve Safe R estaurant Assn. or G ED
BO P

Small Appliance Repair M M N ational T rade Advisory 5 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

C ulinary Arts M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

S mall A ppliance R epair M M USDOL U S DO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 101 of 254


FCI ESTILL (EST)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer T echnology B M BO P C entral T exas 12 months HS D iploma/G ED N N


C ollege 6 mos. clear
conduct
BO P

VOC AT IONAL T R AINING

Serv Safe Food B M N ational N ational 6 months HS D iploma/G ED N N


T echnology R estaurant R estaurant Assn. 6 mos. clear
Association conduct
BO P

H VAC M M N ational C enter for 24 months HS D iploma/G ED N Y


C onstruction 6 mos. clear
Education & conduct
R esearch/ W heels BO P
of Learning

Soldering M M BO P Integrated Printed 6 months HS D iploma/G ED N Y


C ircuitry 6 mos. clear
conduct

APPR ENT IC ESHIP

C arpenter B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 102 of 254


FCI ESTILL (EST) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook/C hef B M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant B M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician B M U SD O L U SDO L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

H ousekeeper B M U SD O L U SDO L 24 months H S D iploma N N


C om mercial, Bureau of or G ED
R esidential, or Apprenticeship
Industrial
BO P

H VAC B M U SD O L U SDO L 36 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 103 of 254


FCI ESTILL (EST) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Industrial M echanic B M USDOL U S DO L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Plumber B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol B M U SD O L U SDO L 24 months H S D iploma N Y


T echnician Bureau of or G ED
Apprenticeship

BO P

W elding B M U SD O L U SDO L 36 months H S D iploma Y N


Bureau of or G ED
Apprenticeship

BO P

Page 104 of 254


MDC GUAYNABO (GUA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Bookbinding M M/F Puerto R ico Puerto R ico 3 months G ED N N


Institute of C ulture Institute of C ulture D esignated to
Facility

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 105 of 254


FCI JESUP (JES)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

H VAC /Building T rades M M Altamaha T echnical C ouncil on 24 months H S D iploma N N


C ollege O ccupational or G ED
Education

C ontractor

C ulinary Arts M M Altamaha T echnical C ouncil on 12 months H S D iploma N N


C ollege O ccupational or G ED
Education

C ontractor

VOC AT IONAL T R AINING

Electrical W iring M M Altamaha T echnical C ouncil on 24 months H S D iploma N N


C ollege O ccupational or G ED
Education

BO P

Inform ation T echnology M M Altamaha T echnical C ouncil on 12 months H S D iploma N N


C ollege O ccupational or G ED
Education

BO P

Page 106 of 254


FCI JESUP (JES) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

C onstruction C M Altamaha T echnical C ouncil on 18 months H S D iploma N N


C ollege O ccupational or G ED
Education

BO P

R esidential W iring LSC I M Altamaha T echnical C ouncil on 15 months H S D iploma N N


C ollege O ccupational or G ED
Education

BO P

APPR ENT IC ESHIP

G raphic D esigner LSC I M U SD O L U SDO L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 107 of 254


FCI MARIANNA (MNA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic C om puter R epair M M C O MPT IA Business Advisors H S D iploma N N


and Refurbishing C ertificate of N orth Am erica 6 months or G ED
and C O MPT IA

C ontractor

C omputer Applications B M/F State of Florida State of Florida 4 months H S D iploma N N


C orrectional Ed. or G ED
D ivision BO P/C ontractor

H orticulture W orker C F State of Florida State of Florida 4 months H S D iploma N N


C orrectional Ed. or G ED
D ivision BO P

H orticulture N ursery C F State of Florida State of Florida 4 months H S D iploma N N


W orker C orrectional Ed. or G ED
D ivision BO P

H orticulture Specialty C F State of Florida State of Florida 2 months H S D iploma N N


W orker C orrectional Ed. or G ED
D ivision BO P

VOC AT IONAL EDUC AT ION

Microsoft Publisher B M/F State of Florida State of Florida 4 months H S D iploma N N


C orrectional Ed. or G ED
D ivision BO P/C ontractor

D iversified C ooperative B M/F State of Florida State of Florida 6 months H S D iplom a/G E D N N
T raining C orrectional Ed. or
D ivision concurrent
BO P/C ontractor
enrollment

Page 108 of 254


FCI MARIANNA (MNA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Electrician M M State of Florida S tate of Florida 6 m onths H S D iplom a N N


C orrectional Ed. or G ED
D ivision BO P/C ontractor

H VAC M M State of Florida S tate of Florida 6 m onths H S D iplom a N N


C orrectional Ed. or G ED
D ivision BO P/C ontractor

Plumber M M State of Florida S tate of Florida 6 m onths H S D iplom a N N


C orrectional Ed. or G ED
D ivision BO P/C ontractor

APPR ENT IC ESHIP

C ook M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant B M/F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 109 of 254


FCI MARIANNA (MNA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscaping C F U SD O L U SDO L 30 months H S D iploma Y N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 110 of 254


FCI MIAMI (MIA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Accounting O perations B M State of Florida State of Florida 18 months H S D iploma N N


D ept. of Education D ept. of Education or G ED

BO P & Contractor

Business Supervision B M State of Florida State of Florida 24 months H S D iploma N N


and Management D ept. of Education D ept. of Education or G ED

BO P & Contractor

Business Management B M State of Florida State of Florida 18 months H S D iploma N N


and Law D ept. of Education D ept. of Education or G ED

BO P & Contractor

D ata Entry O perations B M State of Florida State of Florida 18 months H S D iploma N N


D ept. of Education D ept. of Education or G ED

BO P & Contractor

Keyboarding B M State of Florida State of Florida 18 months H S D iploma N N


D ept. of Education D ept. of Education or G ED

BO P & Contractor

Page 111 of 254


FCI MIAMI (MIA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

D rafting M M State of Florida State of Florida 24 months H S D iploma N N


D ept. of Education D ept. of Education or G ED

BO P & Contractor

AutoC AD M M State of Florida State of Florida 24 months H S D iploma N N


D ept. of Education D ept. of Education or G ED

BO P & Contractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 112 of 254


FCI MIAMI (MIA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIPS

H VAC M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 113 of 254


FDC MIAMI (MIM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputerized M M N ew H ermes N ew H ermes, Inc. 2 days H S D iploma N N


Engraving C ertificate or G ED
C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 114 of 254


FPC MONTGOMERY (MON)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer Applications C M N ew H ermes N ew H ermes, Inc. 2 H S D iploma N N


C ertificate or G ED
C ontractor

A+ C ertification C M

C omputer W ordperfect C M

C ulinary Arts C M

VOC AT IONAL T R AINING

C om mercial Drivers C M 4 months


License

APPR ENT IC ESHIP

D og T rainer C M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 115 of 254


FPC MONTGOMERY Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Barber C M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook C M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ry C leaner C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

E lectric M aintenance C M USDOL U S DO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Page 116 of 254


FPC MONTGOMERY Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Food Service Manager C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

G reenskeeper C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulture C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H ousekeeper C M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 117 of 254


FPC MONTGOMERY Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Painter C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape Mgmt. C M U SD O L U SDO L 12 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Page 118 of 254


FPC PENSACOLA (PEN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Program s O ffered

VO C AT IO N AL T R AIN IN G

C omputer Applications C M MO S Microsoft O ffice 3 m onths H S D iplom a N N


Microsoft O ffice 2003 Specialist or G ED
18 mos. left on
C ontractor sentence

A+ C omputer C M C O M PT IA C O M PT IA 6 m onths H S D iplom a N N


T echnician or G ED
18 mos. left on
C omputer Assisted
sentence
Instruction

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

Masonry C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Page 119 of 254


FPC PENSACOLA (PEN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C abinet Maker C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook C M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

G reens Keeper II C M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulture C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 120 of 254


FPC PENSACOLA (PEN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscape T echnician C M USDOL U S DO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber C M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elder C M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 121 of 254


FCI TALLADEGA (TDG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer Inform ation M M BO P Florida Dept. O f 6 m onths H S D iplom a N N


Processing Education or G ED
18 mos. left on
C ontractor sentence

A+ C omputer C M BO P Florida Dept. O f 6 m onths H S D iplom a N N


R efurbishing Education or G ED
H ardware 18 mos. left on
C ontractor sentence

A+ C omputer C M BO P Florida Dept. O f 6 m onths H S D iplom a N N


R efurbishing Education or G ED
Software 18 mos. left on
C ontractor sentence

VOC AT IONAL T R AINING

C abinetm aking H elper M M BOP S tate of Alabam a 6 months HS D iploma/G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

C abinetm aking, B asic M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

Page 122 of 254


FCI TALLADEGA (TDG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Cabinetmaking, M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


Advanced D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

C arpentry H elper M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

C arpentry, B asic M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

C arpentry, A dvanced M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

Page 123 of 254


FCI TALLADEGA (TDG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

M asonry H elper M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

M asonry, B asic M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

M asonry, A dvanced M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

W elding H elper M M BOP S tate of Alabam a 6 months HS D iploma, G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

Page 124 of 254


FCI TALLADEGA (TDG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

W elding, B asic M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

W elding, A dvanced M M BOP S tate of Alabam a 6 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

C D L C lass B C M BOP S tate of Alabam a 2 months HS D iploma/ G ED N N


D epartment of or currently
Post Secondary enrolled in
Ed. Literacy

BO P

APPR ENT IC ESHIP

Electrician B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 125 of 254


FCI TALLADEGA (TDG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Machinist, W ood M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

S heet M etal W orker M M USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elding T echnician M M USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 126 of 254


FCI TALLAHASSEE (TAL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business M F T allahassee Southern Assn. O f 48 months H S D iploma N N


Administration C ommunity C ollege C olleges & Schools or G ED
(A S degree) ESL H as
C ontractor

Business M F T allahassee Southern Assn. O f 24 months H S D iploma N N


Administration C ommunity C ollege C olleges & Schools or G ED
C ertificate ESL H as
C ontractor

C osmetology M F N ational T rade Advisory 12 months H S D iploma N N


O ccupational or G ED
C ompetency ESL H as
T esting Institute C ontractor
(N O C T I)

Electronics M F N ational T rade Advisory 12 months H S D iploma N N


O ccupational or G ED
C ompetency ESL H as
T esting Institute C ontractor
(N O C T I)

Masonry M F N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency ESL H as
T esting Institute C ontractor
(N O C T I)

Page 127 of 254


FCI TALLAHASSEE (TAL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Building T rades M F N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency ESL H as
T esting Institute BO P O r enrolled in
Literacy

H orticulture M F N ational T rade Advisory 6 months H S D iploma N N


O ccupational or G ED
C ompetency ESL H as
T esting Institute BO P
(N O C T I)

Business Education M F N ational T rade Advisory 6 months H S D iploma N Y


O ccupational or G ED
C ompetency ESL H as
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Baker M F U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Bricklayer M F U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 128 of 254


FCI TALLAHASSEE (TAL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Butcher, Meat M F U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M F U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulturist M F USDOL U S DO L 36 months H S D iploma Y N


Bureau of or G ED
Apprenticeship

BO P

Page 129 of 254


FCI TALLAHASSEE (TAL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscape M F U SD O L U SDO L 12 months H S D iploma N N


Management Bureau of or G ED
T echnician Apprenticeship

BO P

M etal Fabricator M F USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Machinist, W ood M F U SD O L U SDO L 48 months H S D iploma Y N


Bureau of or G ED
Apprenticeship

BO P

Painter M F U SD O L U SDO L 36 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Plumber M F U SD O L U SDO L 48 months H S D iploma N Y


Bureau of or G ED
Apprenticeship

BO P

Page 130 of 254


FCI TALLAHASSEE (TAL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Q uality Assurance M F U SD O L U SDO L 24 months H S D iploma N Y


T echnician Bureau of or G ED
Apprenticeship

BO P

R efrigeration M echanic M F USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

S tationary E ngineer M F USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 131 of 254


FCI WILLIAMSBURG (WIL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Introductory C ulinary M M C entury C ollege N orth Central Assn. 6 months H S D iploma N N


Arts O f C olleges and or G ED
Secondary Schools

BO P

Advanced Culinary Arts M M C entury C ollege N orth Central Assn. 6 months H S D iploma N N
O f C olleges and or G ED
Secondary Schools

BO P

Building T rades M M C entury C ollege N orth Central Assn. 6 months H S D iploma N N


O f C olleges and or G ED
Secondary Schools

BO P

Advanced Building M M C entury C ollege N orth Central Assn. 6 months H S D iploma N N


T rades O f C olleges and or G ED
Secondary Schools

BO P

Page 132 of 254


FCI WILLIAMSBURG (WIL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrician B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumbing B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Industrial B M U SD O L U SDO L 24 months H S D iploma N N


H ousekeeping Bureau of or G ED
Apprenticeship

BO P

Page 133 of 254


FCI YAZOO CITY (YAZ)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

C arpentry M M H olmes So. Assn. O f 6 months H S D iploma Y N


C ommunity C ollege C olleges & Schools or G ED

BO P

D rafting M M H olmes So. Assn. O f 6 months H S D iploma Y N


C ommunity C ollege C olleges & Schools or G ED

BO P

C ulinary Arts M M H olmes So. Assn. O f 6 months H S D iploma N N


C ommunity C ollege C olleges & Schools or G ED

BO P

Sewing Machine M M H olmes So. Assn. O f 6 months H S D iploma N Y


R epair C ommunity C ollege C olleges & Schools or G ED

BO P

APPR EN T IC ESH IP

C arpentry B M U SD O L U SDO L 48 months H S D iploma Y N


Bureau of or
Apprenticeship G ED

BO P

Page 134 of 254


FCI YAZOO CITY (YAZ) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook B M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

D rafting B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Sewing Machine B M U SD O L U SDO L 36 months H S D iploma N Y


R epair Bureau of or
Apprenticeship G ED

BO P

Page 135 of 254


FCI YAZOO CITY Medium (YAM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

D rafting M M H olmes So. Assn. O f 6 months H S D iploma Y N


C ommunity C ollege C olleges & Schools or G ED

BO P

H VAC M M H olmes So. Assn. O f 6 months H S D iploma N Y


C ommunity C ollege C olleges & Schools or G ED

APPR ENT IC ESHIP

N o Programs O ffered

Page 136 of 254


NORTH CENTRAL REGION

MCC Chicago FCI Oxford

FPC Duluth FCI Pekin

FCI Englewood FMC Rochester

FCC Florence (Medium) FCI Sandstone

FCC Florence (USP) USMCFP Springfield

FCC Florence (ADX) FCC Terre Haute (Medium)

FCI Greenville FCC Terre Haute (USP)

FCI Leavenworth FCC Williamsburg

FCI Marion FCI Waseca

FCI Milan FPC Yankton

Page 137 of 254


MCC CHICAGO (CCC)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 138 of 254


FPC DULUTH (DTH)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C onstruction C M Lake Superior N orth Central Assn. 9 m onths H S D iplom a Y N


T echnology C ollege H igh Learning or G ED
C ommission

C ontractor

Sales and Marketing C M Lake Superior N orth Central Assn. 9 m onths H S D iplom a N N
C ollege H igh Learning or G ED
C ommission

C ontractor

VOC AT IONAL T R AINING

Braille C M Library of C ongress Library of Congress 12 months H S D iploma Y N


or G ED
Self Study

APPR ENT IC ESHIP

H VAC C M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Painting C M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 139 of 254


FCI ENGLEWOOD (ENG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Business Education M M BO P C olorado 12 m onths H S D iplom a N N


O ccupational & or G ED
C ollege Education 18 mos. on
System sentence

BO P

D rafting M M BO P C olorado 15 m onths H S D iplom a N N


O ccupational & or G ED
C ollege Education 18 mos. on
System sentence

BO P

H orticulture M M BO P C olorado 18 m onths H S D iplom a N N


O ccupational & or G ED
C ollege Education 18 mos. on
System sentence

BO P

Page 140 of 254


FCI ENGLEWOOD (ENG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 141 of 254


FCI FLORENCE (FLF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Fundamentals of B M Pueblo C ommunity N orth Central Assn. 12 months H S D iploma N N


Business C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

VOC AT IONAL T R AINING

Building T rades M M T AB/C entury N orth Central Assn. 10 months H S D iploma Y N


C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

Cabinet Making M M T AB/C entury N orth Central Assn. 10 months H S D iploma Y N


C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

C omputer Assisted M M T AB/C entury N orth Central Assn. 10 months H S D iploma Y N


D rafting and Design C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

Page 142 of 254


FCI FLORENCE (FLF) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

R estaurant M M T AB/C entury N orth Central Assn. 10 months H S D iploma N N


Management C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

APPR ENT IC ESHIP

Baker B M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Barber M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C abinetm aking M M USDOL U S DO L 48 m onths H S D iplom a Y N


Bureau of or G ED
Apprenticeship

BO P

Industrial B M U SD O L U SDO L 12 m onths H S D iplom a N N


H ousekeeping Bureau of or G ED
Apprenticeship

BO P

Page 143 of 254


FCI FLORENCE (FLF) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Meat C utter B M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 144 of 254


USP FLORENCE (FLP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business Foundations M M Pueblo Community N orth Central Assn. 12 months H S D iploma N N


C ollege O f C olleges & or G ED
Secondary Schools 18 months
rem aining on
BO P sentence

VOC AT IONAL T R AINING

Basic C omputer M M T AB/C entury N orth Central Assn. 3 months H S D iploma N N


C oncepts C ollege O f C olleges & or G ED
Secondary Schools

BO P

APPR ENT IC ESHIP

Industrial H ousekeeper M M USDOL U S DO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C ook, Institutional M M USDOL U S DO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 145 of 254


USP FLORENCE (FLP) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 36 m onths H S D iplom a Y N


Bureau of or G ED
Apprenticeship

BO P

M anager, Food S ervice M M USDOL U S DO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance R epair, M M U SD O L U SDO L 36 m onths H S D iplom a N N


Building Bureau of or G ED
Apprenticeship

BO P

M aintenance M echanic M M USDOL U S DO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 146 of 254


ADMINISTRATIVE MAXIMUM FLORENCE (ADX)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 147 of 254


FCI GREENVILLE (GRE)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Animal H usbandry C F C entury C ollege N orth Central Assn. 6 m onths H S D iplom a Y N


O f C olleges & or G ED
Secondary Schools

BO P/C ontractor

Intro. T o C omputers B M/F C entury C ollege N orth Central Assn. 10 m onths H S D iplom a N N
O f C olleges & or G ED
Secondary Schools

BO P

PAW S C F C entury C ollege N orth Central Assn. 14 m onths H S D iplom a Y N


(support dogs) O f C olleges & or G ED
Secondary Schools

BO P

VOC AT IONAL T R AINING

C abinetmaking C entury C ollege N orth Central Assn. 6 m onths H S D iplom a Y N


O f C olleges & or G ED
Secondary Schools

BO P

H orticulture BO P U niversity of Illinois 6 m onths H S D iplom a N N


Accreditation or G ED
/C ertification

BO P

Page 148 of 254


FCI GREENVILLE (GRE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Introduction to Sewing BO P U niversity of Illinois H S D iplom a Y N


Accreditation or G ED
/C ertification

APPR ENT IC ESHIP

Animal T rainer C F U SD O L U SDO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Baker B M/F U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C ook B M/F U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

E lectrical M aintenance M M USDOL U S DO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 149 of 254


FCI GREENVILLE (GRE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC Installer M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Landscape T echnician B M /F USDOL U S DO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W elding C F U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

T eachers Aide B M/F U SD O L U SDO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 150 of 254


FCI LEAVENWORTH (LVN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

G raphic Arts M M N ational T rade Advisory 6 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

N o Programs O ffered

Page 151 of 254


FCI MARION (MAR)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Bookkeeping/C lerical C M John A. Logan Illinois C ommunity 24 m onths H S D iplom a N N


Studies C ommunity C ollege C ollege Board or G ED

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

Electrical C M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

H VAC C M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W ater T reatment C M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W aste W ater C M U SD O L U SDO L 24 m onths H S D iplom a N N


T reatment Bureau of or G ED
Apprenticeship

BO P

Page 152 of 254


FCI MILAN (MIL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ustodial T echnician M M 6 months

VOC AT IONAL T R AINING

MS O ffice M M 6 months

Automotive VT M M 8 months

APPR ENT IC ESHIP

Mason M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Millwright M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 153 of 254


FCI MILAN (MIL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

S tationary E ngineer M M USDOL U S DO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

T ool & D ie Maker M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

T ool Machinist M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Industrial E lectrician M M USDOL U S DO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 154 of 254


FCI MILAN (MIL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Auto Mechanic M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

A/C Mechanic M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 155 of 254


FCI OXFORD
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer Science M M U niversity of N orth Central Assn. 12 m onths H S D iplom a N N


T echnology W isconsin H igher Learning or G ED
C ommission

C ontractor

Business M M U niversity of N orth Central Assn. 12 m onths H S D iplom a N N


Administration W isconsin H igher Learning or G ED
C ommission

C ontractor

Janitorial VT M M Madison Area N orth Central Assn. 6 months none N N


T echnical C ollege H igher Learning
C ommission

BO P

Soldering VT M M Madison Area N orth Central Assn. 3 months H S D iploma N Y


T echnical C ollege H igher Learning or G ED
IPC C ommission
(Assn. C onnecting
Electronics BO P
Industries)

VOC AT IONAL T R AINING

C ulinary Arts M M Fox Valley N orth Central Assn. 18 months H S D iploma N N


T echnical C ollege H igher Learning or G ED
C ommission

BO P

Page 156 of 254


FCI OXFORD Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Bricklayer M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C ook (H otel and M M U SD O L U SDO L 24 m onths H S D iplom a N N


R estaurant) Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

D ental Laboratory M M U SD O L U SDO L 24 m onths H S D iplom a N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Page 157 of 254


FCI OXFORD Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W elder M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W aste W ater M M U SD O L U SDO L 48 m onths H S D iplom a N N


T reatment Bureau of or G ED
Apprenticeship

BO P

Page 158 of 254


FCI OXFORD Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

S tationary E ngineer M M USDOL U S DO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

T ool and D ie Maker M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 159 of 254


FCI PEKIN (PEK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Small Business M M Illinois C entral H igher Learning 12 m onths H S D iplom a N N


Management C ollege C ommission of the or G ED
N orth Central Assn.
O f C olleges and
Schools

C ontractor

VOC AT IONAL T R AINING

Building T rades C F Illinois C entral H igher Learning 12 m onths H S D iplom a N N


C ollege C ommission of the or G ED
N orth Central Assn.
O f C olleges and
Schools

C ontractor

C om puter A pplications C F BOP 12 m onths H S D iplom a N N


or G ED
BO P

H orticulture C F Illinois C entral H igher Learning 12 m onths H S D iplom a Y N


C ollege C ommission of the or G ED
N orth Central Assn.
O f C olleges and
Schools

C ontractor

Page 160 of 254


FCI PEKIN (PEK) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

M achinist M M BOP 12 m onths H S D iplom a N Y


or G ED
BO P

A utoC A D M M BOP 6 m onths H S D iplom a N N


or G ED
BO P

APPR ENT IC ESHIP

C ook M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

W elding C F U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 161 of 254


FMC ROCHESTER (RCH)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Landscape M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N


Management O f C olleges and or G ED
T echnician Secondary Schools

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

Biomedical Equipment M M U SD O L U SDO L 36 m onths H S D iplom a N N


R epair Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 162 of 254


FMC ROCHESTER (RCH) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR EN T IC ESH IP

Painter M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 163 of 254


FCI Sandstone (SST)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

G eneral Business M M C ambridge N orth Central Assn. 12 m onths H S D iplom a N N


C omputer Applications C ommunity C ollege H igh Learning or G ED
C ommission

C ontractor

VOC AT IONAL T R AINING

Auto Mechanics M M Automotive Service 24 m onths H S D iplom a N N


Excellence or G ED
(ASE) BO P

W elding M M C entury C ollege N orth Central Assn. 6 m onths H S D iplom a N N


O f C olleges and or G ED
Secondary Schools

BO P

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Bindery W orker M M U SD O L U SDO L 42 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 164 of 254


FCI Sandstone (SST) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C cok M M U SD O L U SDO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

O ffset Press O perator M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SDO L 24 m onths H S D iplom a N N


Inspector Bureau of or G ED
Apprenticeship

BO P

Pre Press O perator M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 165 of 254


FCI Sandstone (SST) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Sewing Machine M M U SD O L U SDO L 36 m onths H S D iplom a N N


R epair Bureau of or G ED
Apprenticeship

BO P

W elder M M U SD O L U SDO L 48 M onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 166 of 254


USMCFP Springfield (SPG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Landscaping M M O zarks T echnical N orth Central Assn. 10 months HS D iploma/G ED N N


C ommunity C ollege O f C olleges & or G ED Enrolled
Schools

BO P

Introduction to Small M M Exploratory 8 months HS D iploma/G ED N N


Engine R epair or G ED Enrolled
BO P

Introduction to H om e M M Exploratory 10 months HS D iploma/G ED N N


Maintenance and or G ED Enrolled
R epair BO P

Automotive Engines M M Exploratory 6 months HS D iploma/G ED N N


or G ED Enrolled
BO P

Advanced Small M M BO P 9 months HS D iploma/G ED N N


Engine R epair or G ED Enrolled
BO P

APPR EN T IC ESH IP

Biomedical Equipment M M USD O L USDO L 24 months HS D iploma/G ED N N


T echnician or G ED enrolled
U SDO L
Bureau of
Apprenticehip

Page 167 of 254


USMCFP Springfield (SPG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

D ental M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

O rthotic T echnician M M USDOL U S DO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 168 of 254


USMCFP Springfield (SPG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Painter M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

P rosthetic T echnician M M USDOL U S DO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

R efrigeration M M USDOL U S DO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Sheet Metal M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 169 of 254


USMCFP Springfield (SPG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Steamfitter M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 170 of 254


FCI Terre Haute (THA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic D iesel Engine M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N
R epair H igh Learning or G ED
C ommission

C ontractor

VOC AT IONAL T R AINING

Small Engine R epair C M C entury C ollege N orth Central Assn. 9 m onths H S D iplom a N N
H igh Learning or G ED
C ommission

BO P

Electronics C M C entury C ollege N orth Central Assn. 9 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

BO P

C omputer Applications B M C entury C ollege N orth Central Assn. 6 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

BO P

Building T rades M M C entury C ollege N orth Central Assn. 9 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

BO P

Page 171 of 254


FCI Terre Haute (THA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D iesel M echanics M M USDOL U S DO L 18 m onths H S D iplom a Y N


Bureau of or G ED
Apprenticeship

BO P

USP Terre Haute (THP)


AD VAN C ED O C C U PAT IO N AL ED U C AT IO N

N o Programs O ffered

VOC AT IONAL T RAINING

C omputer Applications M M C entury C ollege N orth Central Assn. 6 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

C ontractor

APPR ENT IC ESHIP

N o Programs O ffered

Page 172 of 254


FCI WASECA (WAS)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Supervisory M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N


Management H igh Learning or G ED
C ommission

BO P

VOC AT IONAL T R AINING

W oodworking M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a Y N


C abinetry H igh Learning or G ED
C ommission

BO P

Framing M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a Y N


H igh Learning or G ED
C ommission

BO P

G reenhouse Specialist M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

BO P

G rounds & T urf M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N
Management H igh Learning or G ED
C ommission

BO P

Page 173 of 254


FCI WASECA (WAS) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscape T echnician M M USDOL U S DO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 174 of 254


FPC Yankton (YAN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Accounting M M Mount Marty N orth Central Assn. 12 m onths H S D iplom a N N


C ollege H igh Learning or G ED
C ommission

C ontractor

Business M M Mount Marty N orth Central Assn. 24 m onths H S D iplom a N N


Administration C ollege H igh Learning or G ED
C ommission

C ontractor

Business Management M M Mount Marty N orth Central Assn. 12 m onths H S D iplom a N N


C ollege H igh Learning or G ED
C ommission

C ontractor

VOC AT IONAL T R AINING

H orticulture M M C entury C ollege N orth Central Assn. 12 m onths H S D iplom a N N


H igh Learning or G ED
C ommission

BO P

B raille M M Library of C ongress Library of C ongress 12 m onths H S D iplom a Y N


or G ED
BO P

Page 175 of 254


FPC Yankton (YAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Boiler M M U SD O L U SDO L 48 m onths H S D iplom a N N


O perator/M echanic Bureau of or G ED
Apprenticeship

BO P

Building Maintenance M M U SD O L U SDO L 24 m onths H S D iplom a N N


R epair Bureau of or G ED
Apprenticeship

BO P

C arpenter M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SDO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 176 of 254


FPC Yankton (YAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Assistant M M U SD O L U SDO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Electrician, M M U SD O L U SDO L 48 m onths H S D iplom a N N


Maintenance Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

H uman Services D irect M M U SD O L U SDO L 18 m onths H S D iplom a N N


Support Professional Bureau of or G ED
Apprenticeship

BO P

Page 177 of 254


FPC Yankton (YAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Industrial H ousekeeper M M USDOL U S DO L 12 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Landscape M M U SD O L U SDO L 12 m onths H S D iplom a N N


Management Bureau of or G ED
Apprenticeship

BO P

Landscape T echnician M M USDOL U S DO L 24 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 178 of 254


FPC Yankton (YAN) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

R efrigeration M echanic M M USDOL U S DO L 36 m onths H S D iplom a N N


Bureau of or G ED
Apprenticeship

BO P

Page 179 of 254


SOUTH CENTRAL REGION

FCI Bastrop FDC Houston

FCC Beaumont (Low) FCI La Tuna

FCC Beaumont (Medium) FCC Oakdale (FCI)

FCC Beaumont (USP) FCC Oakdate (FDC)

FCI Big Spring FTC Oklahoma City

FPC Bryan USP Pollock

FMC Carswell FCI Seagoville

FCI El Reno FCI Texarkana

FCC Forrest City (Low) FCI Three Rivers

FCC Forrest City (Medium)

Page 180 of 254


FCI BASTROP (BAS)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C onsumer Electronic M M C entury C ollege N orth Central Assn. 4 months H S D iploma N N


R epair O f C olleges & or G ED
Secondary Schools

BO P

C omputer Applications M M C entury C ollege N orth Central Assn. 6 months H S D iploma N N


O f C olleges & or G ED
Secondary Schools

BO P

VOC AT IONAL T R AINING

Landscape M M C entury C ollege N orth Central Assn. 9 months H S D iploma N N


Management O f C olleges & or G ED
Secondary Schools

BO P

Building T rades M M C entury C ollege N orth Central Assn. 8 months H S D iploma N N


O f C olleges & or G ED
Secondary Schools

BO P

Page 181 of 254


FCI BASTROP (BAS) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

B uilding M aintenance M M USDOL U S DO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C ook M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 182 of 254


FCI BASTROP (BAS) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SDO L 12 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Page 183 of 254


FCI BASTROP (BAS) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

S tationary E ngineer M M USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elding M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 184 of 254


FCC BEAUMONT LOW (BML)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Basic D iesel R epair C M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N Y


C olleges & or G ED
U niversities

C ontractor

Advanced D iesel M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N Y


R epair C olleges & or G ED
U niversities

C ontractor

C ommercial D rivers M M Lamar U niversity Southern Assn. O f 3 m onths H S D iplom a N N


License C olleges & or G ED
U niversities

C ontractor

Microcomputer M M Lamar U niversity Southern Assn. O f 6 m onths H S D iplom a N Y


Applications C olleges & or G ED
U niversities

C ontractor

VOC AT IONAL T R AINING

Major Appliance Repair M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a Y N


C olleges & or G ED
U niversities

C ontractor

Page 185 of 254


FCC BEAUMONT LOW (BML) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Building T rades M M Lamar U niversity Southern Assn. O f 6 m onths H S D iplom a Y N


C olleges & or G ED
U niversities

C ontractor

H VAC M M Lamar U niversity Southern Assn. O f 6 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

APPR EN T IC ESH IP

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscaper M M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 186 of 254


FCC BEAUMONT LOW (BML) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ES HIP T R AINING

Materials H andler M M U SD O L U SDO L 24 months H S D iploma N N


C oordinator Bureau of or G ED
Apprenticeship

BO P

Plumbing M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Maintenance C arpenter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 187 of 254


FCC BEAUMONT MEDIUM (BMM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Microcomputer M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N N


Applications C olleges & or G ED
U niversities

C ontractor

Advanced M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N N


Microcomputer C olleges & or G ED
Applications U niversities

C ontractor

Building T rades M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

Plastics M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N Y


C olleges & or G ED
U niversities

C ontractor

VOC AT IONAL T R AINING

Major Appliance Repair M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

Page 188 of 254


FCC BEAUMONT MEDIUM (BMM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

T eacher Aide M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Page 189 of 254


USP BEAUMONT (BMP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer Applications M M Lamar U niversity Southern Assn. O f 6 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

Advanced C omputer M M Lamar U niversity Southern Assn. O f 4 m onths H S D iplom a N N


Applications C olleges & or G ED
U niversities

C ontractor

Business Education M M Lamar U niversity Southern Assn. O f 6 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

VOC AT IONAL T R AINING

C ulinary Arts M M Lamar U niversity Southern Assn. O f 3 m onths H S D iplom a N N


C olleges & or G ED
U niversities

C ontractor

Industrial Sewing M M BO P EXPLO RAT O R Y 1 month none N Y

BO P

Page 190 of 254


USP BEAUMONT (BMP) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 191 of 254


FCI BIG SPRING (BIG)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C ollege Certificate M M H oward C ollege Southern Assn. of 12 months H S D iploma N N


Program C olleges & Schools or G ED

C ontractor

AA Business D egree B M H oward C ollege Southern Assn. of 24 months H S D iploma N N


Program C olleges & Schools or G ED

C ontractor

VO C AT IO N AL T R AIN IN G

C omputer Applications B M H oward C ollege Southern Assn. of 6 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

AutoCAD M M H oward C ollege Southern Assn. of 10 months H S D iploma N Y


C olleges & Schools or G ED

C ontractor

D esktop Publishing M M H oward C ollege Southern Assn. of 6 months H S D iploma N Y


C olleges & Schools or G ED

C ontractor

C ommercial M M H oward C ollege Southern Assn. of 5 months H S D iploma N N


H ousekeeping C olleges & Schools or G ED

C ontractor

Page 192 of 254


FCI BIG SPRING (BIG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VO C AT IO N AL T R AIN IN G

Building T rades M M H oward C ollege Southern Assn. of 6 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

H VAC M M H oward C ollege Southern Assn. of 10 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

Masonry T rades M M H oward C ollege Southern Assn. of 6 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

Electrical M M H oward C ollege Southern Assn. of 6 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

Plumbing T echnology M M H oward C ollege Southern Assn. of 6 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

H orticulture B M H oward C ollege Southern Assn. of 3 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

Page 193 of 254


FCI BIG SPRING (BIG) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VO C AT IO N AL T R AIN IN G

C ulinary Arts M M H oward C ollege Southern Assn. of 3 months H S D iploma N N


C olleges & Schools or G ED

C ontractor

APPRENT ICESH IP

D ental Assistant M M U SD O L U SDO L 18 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 194 of 254


FPC BRYAN (BRY)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Inform ation M F Blinn C ollege Southern Assn. of 12 m onths H S D iplom a N N


Management C olleges and or G ED
Schools 18 years old

C ontractor

Medical T ranscription M F Blinn C ollege Southern Assn. of 12 m onths H S D iplom a N N


C olleges and or G ED
Schools 18 years old

C ontractor

VOC AT IONAL T R AINING

C osmetology M F T exas State S tate of T exas 12 m onths H S D iplom a N N


License or G ED
C ontractor

H orticulture M F N ational T rade Advisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute C ontractor
(N O C T I)

APPR EN T IC ESH IP

D ental Assistant M M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 195 of 254


FMC CARSWELL (CSW)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C osmetology M F T exas State of T exas 18 months HS D iploma/G ED N N


C osmetology Medically C leared
C ommission C ontractor

C osmetology Instructor M F T exas State of T exas 8 months HS D iploma/G ED N N


C osmetology Medically C leared
C ommission C ontractor

VOC AT IONAL T R AINING

C omputer T echnology B F O ffice Proficiency Fort W orth 6 m onths H S D iplom a N N


Assessment and Independent or G ED
C ertification Schools
(O P AC )
C ontractor

APPR EN T IC ESH IP

Auto Mechanic C F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

B aker, Industrial B F USDOL U S DO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 196 of 254


FMC CARSWELL (CSW) (Continued)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Baker, Pizza B F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C arpenter B F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C omputer Peripheral M F U SD O L U SDO L 12 months H S D iploma N N


Equipment Bureau of or G ED
Apprenticeship

BO P

C ook B F U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 197 of 254


FMC CARSWELL (CSW) (Continued)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Laboratory M F U SD O L U SDO L 36 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

Electrician B F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC B F U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H ousekeeper M F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Landscape G ardener C F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 198 of 254


FMC CARSWELL (CSW) (Continued)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Landscape C F U SD O L U SDO L 12 months H S D iploma N N


Management Bureau of or G ED
T echnician Apprenticeship

BO P

Power Plant O perator C F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

N urse Assistant M F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber B F U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elder C om bination B F USDOL U S DO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

Page 199 of 254


FCI EL RENO (ERE)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business M M R edlands N orth Central Assn. 24 months H S D iploma N N


Administration C ommunity C ollege O f C olleges and or G ED
Schools

C ontractor

VOC AT IONAL T R AINING

Building Maintenance M M C anadian Valley O K D ept. O f 6 months H S D iploma N N


T echnical C enter C areer & T ech. Ed. or G ED

C ontractor

Business M M C anadian Valley O K D ept. O f 12 months H S D iploma N N


T echnical C enter C areer & T ech. Ed. or G ED

C ontractor

Basic Electric M M C anadian Valley O K D ept. O f 6 months H S D iploma N Y


T echnical C enter C areer & T ech. Ed. or G ED

C ontractor

R esidential Electric M M C anadian Valley O K D ept. O f 6 months H S D iploma N Y


T echnical C enter C areer & T ech. Ed. or G ED

C ontractor

C ommercial Electric M M C anadian Valley O K D ept. O f 6 months H S D iploma N Y


T echnical C enter C areer & T ech. Ed. or G ED

C ontractor

Page 200 of 254


FCI EL RENO (ERE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Basic W elding M M N ational T rade Advisory 12 months H S D iplom a/G E D N Y


O ccupational or
C ompetency concurrent
T esting Institute BO P enrollment
(N O C T I)

Advanced W elding M M N ational T rade Advisory 12 months H S D iplom a/G E D N Y


O ccupational or
C ompetency concurrent
T esting Institute BO P enrollment
(N O C T I)

Building T rades C M N ational T rade Advisory 12 months H S D iplom a/G E D Y Y


O ccupational or
C ompetency concurrent
T esting Institute BO P enrollment
(N O C T I)

APPRENT ICESH IP

D ental T echnician M M USDOL U S DO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 201 of 254


FCI EL RENO (ERE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D rafting M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Machinist M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

C arpenter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Millwright M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 202 of 254


FCI EL RENO (ERE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Painter M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Q uality C ontrol M M U SD O L U SDO L 24 months H S D iploma N N


T echnician Bureau of or G ED
Apprenticeship

BO P

H VAC B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

T ool & D ie M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

W elding M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 203 of 254


FCC FORREST CITY LOW (FOR)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

O ffice T echnology B M N orth Central Assn.


O f C ollege &
Schools

C ontractor

VOC AT IONAL T R AINING

Major Appliance R epair N orth Central Assn. 18 m onths H S D iplom a N N


O f C ollege & or G ED
Schools

C ontractor

D rafting T echnology C M N orth Central Assn. 12 m onths H S D iplom a N N


O f C ollege & or G ED
Schools

C ontractor

Building T rades N orth Central Assn. 18 m onths H S D iplom a N N


O f C ollege & or G ED
Schools

C ontractor

Page 204 of 254


FCC FORREST CITY LOW (FOR) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C ook M M, U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 205 of 254


FCC FORREST CITY MEDIUM (FOM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

VOC AT IONAL T R AINING

APPR EN T IC ESH IP

Page 206 of 254


FCI FORT WORTH (FTW)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Building Maintenance M M Fort W orth State of T exas 6 months HS D iploma/G ED N N


Independent English Proficient
School D istrict C ontractor

H VAC M M T arrant C ounty Southern Assn. O f 12 months HS D iploma/G ED N N


C ollege C ollege & Schools English Proficient

C ontractor

Building T rades M M T arrant C ounty Southern Assn. O f 12 months HS D iploma/G ED N N


C ollege C ollege & Schools English Proficient

C ontractor

VOC AT IONAL T R AINING

VT Business C omputer M M Fort W orth State of T exas 3 months HS D iploma/G ED N N


Independent English Proficient
School D istrict BO P/C ontractor

W heelchair and Bicycle M M BO P 6 months HS D iploma/G ED N N


R epair English Proficient
BO P

APPR EN T IC ESH IP

C ook M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 207 of 254


FCI FORT WORTH (FTW) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Assistant M M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 208 of 254


FDC HOUSTON (HOU)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR EN T IC ESH IP

N o Programs O ffered

Page 209 of 254


FCI LA TUNA (LAT)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

H VAC B M El Paso Southern Assn. O f 12 months HS D iploma/G ED N N


C ommunity C ollege C olleges & Schools English Proficient

C ontractor

Automotive R epair M M El Paso Southern Assn. O f 12 months HS D iploma/G ED N Y


C ommunity C ollege C olleges & Schools English Proficient

C ontractor

O ffice T echnology B M El Paso Southern Assn. O f 12 months HS D iploma/G ED N N


C ommunity C ollege C olleges & Schools English Proficient

C ontractor

Building T rades C M El Paso Southern Assn. O f 12 months HS D iploma/G ED N N


C ommunity C ollege C olleges & Schools English Proficient

C ontractor

VO C AT IO N AL T R AIN IN G

N o Programs O ffered

APPR EN T IC ESH IP

C ook B M U SD O L U SDO L 36 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Page 210 of 254


FCI LA TUNA (LAT) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

H VAC B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

O ffset Press M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or
Apprenticeship G ED

BO P

Page 211 of 254


FCI OAKDALE (OAK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

H orticulture M M Louisiana 5 m onths H S D iplom a N N


T echnical C ollege or G ED
C ontractor

C omputer Applications M M Louisiana H S D iplom a N N


T echnical C ollege or G ED
C ontractor

VOC AT IONAL T R AINING

Building T rades M M Louisiana 5 m onths H S D iplom a N N


T echnical C ollege or G ED
C ontractor

APPR EN T IC ESH IP

H VAC M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 212 of 254


FCI OAKDALE (OAK)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Painter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

C om puter D rafting M M USDOL U S DO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

G arment Parts C utter M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Sewing Machine M M U SD O L U SDO L 36 months H S D iploma N N


R epair Bureau of or G ED
Apprenticeship

BO P

Page 213 of 254


FDC OAKDALE (OAD)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Multi-T rades M M Louisiana 6 months H S D iploma N N


Vocational School or G ED
C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR EN T IC ESH IP

N o Programs O ffered

Page 214 of 254


USP POLLOCK (POL)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C om puter A pplications B M K SC T ri S ystem s BPPVE 4 months HS D iploma/G ED N N


T riton Institute English proficient
C ontractor

Industrial Sewing M M Louisiana C ouncil O n 3 months HS D iploma/G ED Y Y


T echnical C ollege O ccupational English proficient
Education

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR EN T IC ESH IP

B uilding M aintenance M M USDOL U S DO L 24 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

H VAC M M U SD O L U SDO L 48 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Page 215 of 254


USP POLLOCK (POL) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

C arpenter M M U SD O L U SDO L 48 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Painter B M U SD O L U SDO L 36 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Plumber M M U SD O L U SDO L 48 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Landcape C M U SD O L U SDO L 12 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

W elding C M U SD O L U SDO L 36 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Page 216 of 254


FCI SEAGOVILLE (SEA)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

R etailing C ustomer M M C edar Valley Southern Assn. O f 12 months HS D iploma/G ED N N


C ertificate C ollege C olleges & Schools

C ontractor

C opy R epair M M C edar Valley Southern Assn. O f HS D iploma/G ED N N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

VOC AT IONAL T R AINING

Auto M M C edar Valley Southern Assn. O f 6 months HS D iploma/G ED N N


Mechanics/T echnician C ollege C olleges & Schools or
concurrent
C ontractor enrollment

C omputer Applications M M C edar Valley Southern Assn. O f 3 months HS D iploma/G ED N N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

H ortIculture M M C edar Valley Southern Assn. O f 18 months HS D iploma/G ED Y N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

Page 217 of 254


FCI SEAGOVILLE (SEA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

Building T rades M M C edar Valley Southern Assn. O f 6 months HS D iploma/G ED N N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

H VAC M M C edar Valley Southern Assn. O f 6 months HS D iploma/G ED N N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

U pholstery M M C edar Valley Southern Assn. O f 6 months HS D iploma/G ED Y N


C ollege C olleges & Schools or
concurrent
C ontractor enrollment

APPR EN T IC ESH IP

D ental Assistant M M U SD O L U SDO L 12 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Landscape S pecialist M M USDOL U S DO L 12 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Page 218 of 254


FCI SEAGOVILLE (SEA) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Paralegal M M U SD O L U SDO L 24 months HS D iploma/G ED N N


Bureau of English proficient
Apprenticeship

BO P

Page 219 of 254


FCI TEXARKANA (TEX)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

A+ C omputer M M T exarkana C ollege Southern Assn. H S D iplom a N N


T echnician O f C olleges & or G ED
Schools

C ontractor

H VAC B M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

Auto M echanics C M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

Building T rades M M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

Page 220 of 254


FCI TEXARKANA (TEX) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

C ulinary Arts M M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

D rafting M M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

H orticulture C M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a Y N


O f C olleges & or G ED
Schools

C ontractor

Small Engine R epair C M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

U pholstery M M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a Y N


O f C olleges & or G ED
Schools

C ontractor

Page 221 of 254


FCI TEXARKANA (TEX) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

W elding M M T exarkana C ollege Southern Assn. 12 m onths H S D iplom a N N


O f C olleges & or G ED
Schools

C ontractor

APPR EN T IC ESH IP

C ook B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Assistant M M U SD O L U SD O L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

D ental Lab T echnician M M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electric B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 222 of 254


FCI TEXARKANA (TEX) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

Plum bing B M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

R efrigeration Mechanic B M U SD O L U SD O L 36 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H orticulture C M U SD O L U SD O L 36 months H S D iploma Y N


Bureau of or G ED
Apprenticeship

BO P

W ood Machinist M M U SD O L U SD O L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 223 of 254


FCI THREE RIVERS (TRV)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Building T rades B M C oastal Bend Southern Assn. O f 12 months H S D iploma N N


C ollege C olleges & Schools or G ED

C ontractor

Building Maintenance M M C oastal Bend Southern Assn. O f 8 m onths H S D iplom a N N


Service C ollege C olleges & Schools or G ED

C ontractor

H orticulture C M C oastal Bend Southern Assn. O f 12 months H S D iploma N N


C ollege C olleges & Schools or G ED

C ontractor

H VAC M M C oastal Bend Southern Assn. O f 12 m onths H S D iplom a N N


C ollege C olleges & Schools or G ED

C ontractor

W aste W ater C M C oastal Bend Southern Assn. O f 12 m onths H S D iplom a N N


Processing C ollege C olleges & Schools or G ED

C ontractor

Page 224 of 254


FCI THREE RIVERS (TRV) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Assistant B M U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Electrician M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

H VAC B M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Plumbing M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 225 of 254


W ESTERN REGION

USP Atwater MCC San Diego

FCI Dublin FDC SeaTac

FCI Herlong FCI Sheridan

FDC Honolulu FCI Terminal Island

FCC Lompoc (Medium) FCC Tucson (Medium)

FCC Lompoc (USP) FCC Tucson (USP)

MDC Los Angeles FCC Victorville (FCI 1)

FCI Phoenix FCC Victorville (FCI 2)

FCI Safford FCC Victorville (USP)

Page 226 of 254


USP Atwater (ATW)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

O ffice Automation M M Merced C ommunity W estern Assn. O f 6 months H S D iploma N N


C ollege Schools & C olleges or G ED

BO P

APPR ENT IC ESHIP

C ook M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

T eachers Aide M M U SD O L U SDO L 24 months H S D iploma N N


Bureau of or G ED
Apprenticeship

BO P

Page 227 of 254


FCI Dublin (DUB)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer G raphics B F Los Positas W estern Assn. O f 4 months H S D iploma N N


C ollege C olleges & Schools or G ED
or G ED ZP
C ontractor

Accounting T echnician F 6 months H S D iploma N N


or G ED
or G ED ZP

VOC AT IONAL T R AINING

Business C omputer B F N ational T rade Advisory 3 months H S D iploma N N


W ord O ccupational or G ED
C ompetency or G ED ZP
T esting Institute BO P
(N O C T I)

Business C omputer B F N ational T rade Advisory 3 months H S D iploma N N


Excel O ccupational or G ED
C ompetency or G ED ZP
T esting Institute BO P
(N O C T I)

Fork Lift C F N ational T rade Advisory 3 months H S D iploma N N


O ccupational or G ED
C ompetency or G ED ZP
T esting Institute BO P
(N O C T I)

Page 228 of 254


FCI Dublin (DUB) (Continued)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

D ental Assistant M F U SD O L U SDO L 12 months H S D iploma N N


Bureau of or G ED
Apprenticeship

Public H ealth
Service

Page 229 of 254


FCI Herlong (HER)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 230 of 254


FDC Honolulu
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 231 of 254


FCI Lompoc (LOF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Microsoft O ffice M M C lark Atlanta 3 m onths H S D iplom a N N


C omputer Applications U niversity or G ED
C ontractor

Industrial Maintenance M M Allan H ancock 6 m onths H S D iplom a N N


Sanitation C ollege or G ED
C ontractor

VOC AT IONAL T R AINING

C omputer Applications M M C lark Atlanta 3 m onths H S D iplom a N N


U niversity or G ED
C ontractor

C omputer Aided M M N ational T rade Advisory 3 m onths H S D iplom a N N


D rafting O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Landscaping M M U SD O L U SDO L 48 months H S D iploma N N


Bureau of or G ED
Apprenticeship

Public H ealth
Service

Page 232 of 254


USP Lompoc (LOM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

Barbering M M N ational T rade Advisory 12 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Business C omputer M M N ational T rade Advisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Soldering M M N ational T rade Advisory 4 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Maintenance C M N ational T rade Advisory 15 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 233 of 254


USP Lompoc (LOM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

W oodworking C M N ational T rade Advisory 8 m onths H S D iplom a N N


O ccupational or G ED
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

Meatcutting C M U SD O L U SDO L 12 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Page 234 of 254


MDC Los Angeles (LOS)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 235 of 254


FCI Phoenix (PHX)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

C omputer Applications M M/F T ri-S ystems T riton Southern Assn. O f 2 m onths H S D iplom a N N
C olleges & Schools or G ED

C ontractor

VOC AT IONAL T R AINING

Building T rades M M N ational T rade Advisory 16 months none N N


O ccupational
C ompetency
T esting Institute BO P
(N O C T I)

APPR ENT IC ESHIP

C abinet Maker M M U SD O L U SDO L 36 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

F/S C ook B M/F U SD O L U SDO L 24 months H S D iploma N N


(Any Industry) or G ED
Bureau of
Apprenticeship

Electronic U tility M M U SD O L U SDO L 36 months H S D iploma N Y


W orker or G ED
Bureau of
Apprenticeship

Food Service B M/F U SD O L U SDO L 36 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Page 236 of 254


FCI Phoenix (PHX) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Q uality C ontrol B M/F U SD O L U SDO L 12 months H S D iploma N Y


T echnician or G ED
Bureau of
Apprenticeship

W elder M M U SD O L U SDO L 36 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Plumber M M U SD O L U SDO L 48 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Electrician M M U SD O L U SDO L 48 months H S D iploma N Y


Maintenance or G ED
Bureau of
Apprenticeship

Electronics T ester M M U SD O L U SDO L 36 months H S D iploma N Y


or G ED
Bureau of
Apprenticeship

H VAC T echnician M M U SD O L U SDO L 48 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Page 237 of 254


FCI Safford (SAF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business C omputer M M Eastern Arizona N orth C entral Assn. 3 m onths H S D iplom a N N


C ollege O f C olleges & or G ED
Schools

C ontractor

Building T rades M M Eastern Arizona N orth C entral Assn. 4 m onths H S D iplom a N N


C ollege O f C olleges & or G ED
Schools

C ontractor

H VAC M M Eastern Arizona N orth C entral Assn. 6 m onths H S D iplom a N N


C ollege O f C olleges & or G ED
Schools

C ontractor

VOC AT IONAL T R AINING

Personal Fitness M M N ational Federation N ational 3 m onths H S D iplom a N N


T rainer of Professional C ommission for or G ED
T rainers C ertifying Agencies
(NC CA)

APPR ENT IC ESHIP

Electrical M M U SD O L U SDO L 48 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Page 238 of 254


FCI Safford (SAF)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Plumbing M M U SD O L U SDO L 48 months H S D iploma N N


or G ED
Bureau of
Apprenticeship

Page 239 of 254


MCC San Diego (SDC)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 240 of 254


FDC Sea Tac
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 241 of 254


FCI Sheridan (SHE)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Business C omputer B M C hemeketa N orth W est 12 m onths H S D iplom a N N


Applications C ommunity C ollege C ommission on or G ED
C olleges &
U niversities

C ontractor

VOC AT IONAL T R AINING

Building T rades B M BO P N orthwest Assn. O f 6 m onths H S D iplom a N N


Accredited Schools or G ED

BO P

Business C omputer M M BO P N orthwest Assn. O f 9 m onths H S D iplom a N N


Applications Accredited Schools or G ED

BO P

H orticulture B M BO P N orthwest Assn. O f 6 m onths H S D iplom a N N


Accredited Schools or G ED

BO P

Landscape Design C M BO P N orthwest Assn. O f 4 m onths H S D iplom a N N


Accredited Schools or G ED

BO P

Page 242 of 254


FCI Sheridan (SHE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL EDUC AT ION

Personal Fitness B M N ational Federation N orthwest Assn. O f 6 m onths H S D iplom a N N


T rainer of Personal Fitness Accredited Schools or G ED
T rainers
BO P

Pesticide Management C M State of O regon O regon Dept. O f 3 m onths H S D iplom a N N


Agriculture or G ED

W oodworking M M C hemeketa N orth W est 4 m onths H S D iplom a Y N


C ommunity C ollege C ommission on or G ED
C olleges &
U niversities

BO P

APPR ENT IC ESHIP

D ental A ssistant M M USDOL U S DO L 12 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

D ental Laboratory M M USDOL U S DO L 36 m onths H S D iplom a N N


T echnician or G ED
Bureau of
Apprenticeship

H V AC T echnician B M USDOL U S DO L 36 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Page 243 of 254


FCI Sheridan (SHE) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

A griculture M M USDOL U S DO L 24 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Maintenance B M USDOL U S DO L 48 m onths H S D iplom a N N


Electrician or G ED
Bureau of
Apprenticeship

T utor B M USDOL U S DO L 24 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

C areer C enter C lerk B M USDOL U S DO L 24 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Page 244 of 254


FCI Terminal Island (TRM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Automated C omputer M M El C amino College W estern Assn. O f 18 months H S D iploma N N


Aided Design and C olleges & Schools or G ED
D rafting

C ontractor

W elding M M El C amino College W estern Assn. O f


C olleges & Schools

C ontractor

VOC AT IONAL T R AINING

C arpentry M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C hloro-fluoro-carbon M M N ational W estern Assn. O f 3 months H S D iploma N N


C ertification O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

C ontract Licensing M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 245 of 254


FCI Terminal Island (TRM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

VOC AT IONAL T R AINING

H ome W iring M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H ome Inspection M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H VAC - T heory M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

H VAC - M M N ational W estern Assn. O f 3months H S D iploma N N


T roubleshooting O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Plumbing M M N ational W estern Assn. O f 3 months H S D iploma N N


O ccupational C olleges & Schools or G ED
C ompetency
T esting Institute BO P
(N O C T I)

Page 246 of 254


FCI Terminal Island (TRM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

B aker M M USDOL U S DO L 36 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

C abinet M aker M M USDOL U S DO L 48m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

C om bination W elder M M USDOL U S DO L 36 m onths H S D iplom a N Y


or G ED
Bureau of
Apprenticeship

D ental H ygienist M M USDOL U S DO L 12 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

E lectrician M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

H V AC M M USDOL U S DO L 36 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

P ipefitter M aintenance M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Page 247 of 254


FCI Terminal Island (TRM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

P ainting M M USDOL U S DO L 36 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

P lum bing M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Q uality C ontrol M M USDOL U S DO L 24 m onths H S D iplom a N Y


or G ED
Bureau of
Apprenticeship

S tationary E ngineer M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

T ool and D ie M M USDOL U S DO L 48 m onths H S D iplom a N Y


or G ED
Bureau of
Apprenticeship

E lectrical M aintenance M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Electrostatic Powder M M USDOL U S DO L 48 m onths H S D iplom a N Y


Paint Spray O perator or G ED
Bureau of
Apprenticeship

Page 248 of 254


FCI Terminal Island (TRM) Continued
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

APPR ENT IC ESHIP

P ainting M M USDOL U S DO L 36 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

M achine S etter M M USDOL U S DO L 48 m onths H S D iplom a N Y


or G ED
Bureau of
Apprenticeship

M aterials C oordinator M M USDOL U S DO L 24 m onths H S D iplom a N Y


or G ED
Bureau of
Apprenticeship

Powder Paint and M M USDOL U S DO L 48 m onths H S D iplom a N N


C oating or G ED
Bureau of
Apprenticeship

Page 249 of 254


FCI Tucson (TCN)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Environmental M M Pima C ollege N orth Central Assn. 12 months H S D iploma N N


T echnician O f C olleges & or G ED
W aste W ater Mgmt. Schools

C ontractor

C ulinary Arts M M Pima C ollege N orth Central Assn. 12 months H S D iploma N N


Basic Baking O f C olleges & or G ED
Schools

C ontractor

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

P lum bing M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

H V AC M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

E lectrician M M USDOL U S DO L 48 m onths H S D iplom a N N


or G ED
Bureau of
Apprenticeship

Page 250 of 254


USP Tucson (TCP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

APPR ENT IC ESHIP

Page 251 of 254


FCI Victorville Medium I (VIM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Automotive D iagnostics M M Victor Valley Automotive Service 15 months H S D iploma N Y


R epair C ommunity C ollege Excellence or G ED

C ontractor

O ffice Automation B M El C amino N orth Central Assn. 11 months H S D iploma N Y


C ommunity C ollege O f C olleges & or G ED
U niversities

C ontractor

VOC AT IONAL T R AINING

Auto C AD M M El C amino N orth Central Assn. 8 months H S D iploma N Y


C ommunity C ollege O f C olleges & or G ED
U niversities

C ontractor

C onstruction T rades M M BO P 11 months H S D iploma Y N


or G ED
BO P

APPR ENT IC ESHIP

N o Programs O ffered

Page 252 of 254


FCI Victorville Medium II (VVM)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

N o Programs O ffered

VOC AT IONAL T R AINING

C ustodial T raining

ServSafe

W heels for the W orld

APPR ENT IC ESHIP

Page 253 of 254


USP Victorville (VIP)
Program Location G ender C ertificate Source Accreditation Program Prerequisites Public W orks/ Supports
Main Length C om m unity Unicor
C am p M or F Service
Both (in months)
Instruction
Source
Y or N Y or N

ADVANC ED OCC UPAT IONAL EDUC AT ION

Automotive D iagnostics M M Victor Valley Automotive Service 15 months H S D iploma N Y


R epair C ommunity C ollege Excellence or G ED

C ontractor

ServSafe

VOC AT IONAL T R AINING

N o Programs O ffered

APPR ENT IC ESHIP

N o Programs O ffered

Page 254 of 254


Federal Bureau of Prisons
telling clients how it really is...

Website = http://www.bop.gov/

I. Time Computation (attachment E)


The BOP is solely responsible for calculating federal terms of imprisonment. See United States
v.Wilson, 503 U.S. 329 (1992). Title 18 U.S.C. 3585(a) dictates that [a] sentence to a term of
imprisonment commences on the date the defendant is received in custody awaiting
transportation to, or arrives voluntarily to commence service of sentence at, the official detention
facility at which the sentence is to be served.

On June 7, 2010 the United States Supreme Court issued its opinion in Barber v. Thomas, 130 S.
Ct. 2499 (2010) in which it held that the calculation method used by the Bureau of Prisons to
determine the amount of "good time" earned on federal criminal sentences is lawful. The case
involved the interpretation of 18 U.S.C. 3624(b)(1), which states:

[A] prisoner who is serving a term of imprisonment of more than 1 year other than a term of
imprisonment for the duration of the prisoner's life, may receive credit toward the service of the
prisoner's sentence, beyond the time served, of up to 54 days at the end of each year of the
prisoner's term of imprisonment, beginning at the end of the first year of the term, subject to
determination by the Bureau of Prisons that, during that year, the prisoner has displayed
exemplary compliance with institutional disciplinary regulations. ...[C]redit for the last year or
portion of a year of the term of imprisonment shall be prorated and credited within the last six
weeks of the sentence.

The BOP's method, which the Court upheld, interprets "term of imprisonment" in the statute to
mean entire imposed sentence" in some places, but "time actually served" when calculating good
time. The BOP sets earned time aside at the end of each 365-day period. When the time
remaining in a sentence minus earned time equals less than one year, the BOP applies a 54/365
ratio to prorate that last year and determine the prisoner's release date.

Good conduct time is credited at 54 days per year, pro rated, pursuant to PS 5884.03. In reality,
the BOP gives your client 47 days per year after the first years credit. So while the statute calls
for an inmate to serve 85% of the sentence imposed, the BOP credits the amount of time
actually served. So, the BOP makes the inmate serve approximately 87.5% of their time. For
instance, on a 60 month sentence, the maximum good time credit is 235 days instead of 270 days
and on a 120 month sentence, the maximum good time credit is 470 days not 540 days.

Your client must have (1) either a GED, High School diploma or better, or be working

1
towards one, and (2) a sentence of one year and a day, to qualify for good time. So with that, 12
months equals 365 days served, 12 months and a day equals 319 days.(366 days - 47 days equals
319 days).
Concurrent verse Consecutive Time

18 U.S.C. 3585 governs the amount of jail time credited to a federally sentenced inmate.
Defendant shall be given credit toward the service of a term of imprisonment time he has spent in
office detention prior to the date the sentence commences - - (1) as a result of the offense for which
the sentence was imposed... that has not been credited against another sentence. 18 U.S.C.
3585(b). (Emphases added)

While case law holds that the Attorney General through the Bureau of Prisons possesses the
sole authority to make credit determinations pursuant to 18 U.S.C. 3585(b) [United States v.
Whaley 148 F. 3d 205 (2nd Cir. 1998)] Circuit Courts have also held that district courts have
concurrent authority to grant credit for time served in official detention as the deletion of all
references to Attorney General in 3585 manifested congressional intent to withdraw the Attorney
Generals exclusive authority. See United States v. Beston, 936 F. 3d 361 (8th Cir. 1991) rehearing
denied 1991 US App LEXIS 28427. With that said, the Bureau of Prisons would never know to give
a client the complete credit he is due because they would never know about the previous days of
jail time that the client served in state custody on the same matter.

It is clear that Circuit Courts have held that under 18 U.S.C. 3585(b), a defendant shall be
given credit toward his term of imprisonment for any time he has spent in official detention prior
to the date the sentence commences See United States v. Becak, 954 F. 2d 386 (6th Cir. 1992).
Although a district court can not order that a federal sentence begin when a defendant was arrested
by the state for the same conduct underlying the federal offense, because the BOP determines jail
credit, the district court may accomplish the same end by departing downward in its federal
sentence. The proper way to ensure that Gonzalez served a total of 156 months would have been
for the court to increase the downward departure it granted him and sentence him to 129 months.
United States v. Gonzalez, 192 F. 3d 350 (2nd Cir. 1999). A District Court has the authority under
U.S.S.G. 5G1.3 (c) to adjust a federal sentence for time served on a state sentence in a way that
is binding on the BOP, whether it is called a departure, a credit or an adjustment. See Ruggiano
v. Reish, 307 F. 3d 121 (3rd Cir. 2002).

In United States v. Pray, 373 F.3d 358 (3rd Cir. 2004), the defendant served 4 months in state
time custody for a drug offense and was later convicted on related federal drug offense district court
may depart downward on federal sentence to credit defendant with state time, which was completed
(and therefore not undischarged in accordance with U.S.S.G. 5G1.3). Likewise, a district court
could not credit defendant in his federal case with the time he had served in his state case, in
accordance with 5G1.3, but could accomplish the same result with a departure. See United States
v. Rosado, 254 F. Supp. 2d 316 (SDNY 2003) where defendant was convicted of distributing heroin,
and where defendant had served 7 months in state custody on the conviction that was relevant
conduct in the federal sentence, defendant was granted a 7 month downward departure to account
of state time already served through a departure.

2
Recently, a district court in the Northern District of New York held that the BOP improperly
denied good time credit for the period of the federal sentence served concurrently with the state
sentence. (See attached Hill v. Corwin)

II. Facilities
The BOP consists of 115 institutions, 6 regional offices, a Central Office (headquarters), 2
staff training centers, and 28 community corrections offices.
As of January 6, 2011, the BOP housed 209,494 inmates throughout their system.

5 security levels

Minimum - Also called Federal Prison Camps. Usually


near a larger institution or military base. Low
staff to inmate ratios. Inmates typically work at
the larger institution or military base. Very low
risk of assault or escape.

Low - Fenced facility. BOP programs and work


(UNICOR) stressed.

Medium - Significantly more secured than a Low.


Monitored/controlled movement of inmates.
Cell housing rather than dormitory.

High - Penitentiaries. Highly secured facility. Close


control of inmates movement and programing.
Long term incarcerations.

Admin - facilities that have special missions, i.e.


medical, transfers, treatment programs (STOP),
dangerous/escape-prone inmates, security
risks, i.e. death row or terrorists/gang
members.

*** Keep in mind that there are no female medium facilities

Inmate Security Designation and Custody Classification Policy (attachment C)

3
On September 12, 2006, the Federal Bureau of Prison made significant changes to its Inmate
Security Designation and Custody Classification Policy. (PS 5100.08) As part of the changes, the
scoring matrix for security classification was changed. The matrix takes into account a multitude
of factors of our clients to determine the appropriate security classification. The new number range
is;

Minimum 0 - 11 points for men 0 - 15 points for females


Low 12 - 15 points for men 16 - 30 points for females
Medium 16 - 23 points for men
High 24 or more points for men 31 or more points for females

As part of this years change, these ranges were increased from;

[2002 change]

Minimum 0 - 5 points for men 0 - 10 points for females


Low 6 - 8 points for men 11 - 21 points for females
Medium 9 - 14 points for men
High 15 or more points for men 22 or more points for females

[1996 change]

Minimum 0 - 9 points for men 0 - 12 points for females


Low 5 - 11 points for men 8 - 23 points for females
Medium 11 - 22 points for men
High 18 or more points for men 21 or more points for females

The major changes in the 2006 policy revision are:

1. The scoring of Type of Prior Commitment has been replaced with


Criminal History Score

Types if Prior Commitments used to be divided into three categories; none (0 points), minor
(1 point) and serious (3 points). Now the clients criminal history score is used. The ranges are:
Category I = 0 points
Category II = 2 points
Category III = 4 points
Category IV = 6 points
Category V = 8 points
Category VI = 10 points

Obviously this is a major increase in points for those who have significant criminal history.
The BOP is to look at the Judgment for this score. If it is not listed in the Judgment, the BOP next
looks to the PSR and finally may calculate this score on their own. It is imperative that you do not

4
let the BOP score this on their own as there is no guide for how related conduct is scored and crimes
that would have been grouped together will more than likely be scored individually.

2. New scoring item, Age

The age of the client is now a factor, weighing against younger inmates.
24 years or less = 8 points
25 through 35 = 4 points
26 through 54 = 2 points
55 and over = 0 points

If the inmates age is unknown, a default score of 4 will be given.

3. New scoring item, Education

As completion of a GED or high school diploma is now a recommended condition for


Supervised Release, points are given for the lack of education.

Verified high school degree or GED = 0


points

Enrolled in, making satisfactory progress in GED program = 1 point


No verified high school degree/GED and not participating

in GED program = 2 points

So now at the PSR interview, all of our clients are participating in a GED program. It may
make sense to check to see that each US Marshall contracted facility has GED study materials or
classes available.

REMEMBER - A client who does not have at least a GED is only eligible for a maximum of
42 days of Good Conduct Time per year.

4. New scoring item, Drug/Alcohol Abuse

Never or more than 5 years = 0 points


Within the last 5 years = 1 point

Examples of drug or alcohol abuse include a conviction for a drug or alcohol related offense,
a parole/probation/supervised release violation because of drug or alcohol abuse, positive drug test,
drunk driving arrests and/convictions, rehabilitation or detox placement or an inmates self-report
of use.

5
This is a double edged sword. The BOP will not let an inmate into the RDAP program unless
they have a drug or alcohol problem within the last year (they review the PSR for verification) and
even then, if the inmate has had any drug or alcohol treatment or counseling, it may preclude them
from entry into the program. Certainly, in-patient counseling, post-conviction and prior to
sentencing is used to exclude the inmate from the program. Also, be aware that when the inmate
goes through quarantine at whatever facility they are designated to, the legal instruments examiner
(the LIE - no joke) will take their sentence, deduct their time served and they statutory good time
to see if the inmate has enough time to complete the program. So a client who gets a 24 month
sentence and has 6 months in jail at the time of sentencing most likely will not get the RDAP
program because their time is too short to complete the program.

24 months (730 days) - 3 months good time (94 days) - 6 months time served (180 days) -
3 months CCC placement (90 days) = 12 months (366 days) left to serve. Plus, you have to assume
that it could take up to 3 months from the date of sentencing to have the client designated and
transferred to the designated facility. The RDAP program typically takes 8 to 10 months to
complete. Also, assume that once the client lands at the designated facility it may take up to 3
months before they have their TEAM meeting and/or see the LIE or their case manager to even get
placed on the waiting list for the program.

The following categories have been modified/changed in regards to an inmates custodial


classification. These effect an inmates institutional security level once they have already had their
original designation. While it does not effect the way we should advocate at a clients sentencing,
these factors will play a part in their ability to move from the higher security institutions to camps
and halfway house placement. They are;

5. Mental/Psychological Stability has been discontinued

6. Responsibility Demonstrated has been replace with Living Skills


and Program Participation

7. Family/Community Ties clarified - this clarification is somewhat troubling as it


gives points to those inmates who do not receive visits or participate in institutional
programs (i.e. toys for tots, Special Olympics).

8. PSF for Violent Behavior modified

9. PSF for Deportable Alien clarified

Opinion about these changes

6
There are other changes but they are more administrative for the BOP (internal management
issues, coding, etc.) as well the changes imputing feel good language that seemed to be simply
busy work for some BOP lawyers.

Why BOP made these changes is a mystery to me. It appears that on the surface, the young
and dumb inmates with some criminal history will be placed together and separated from the older,
wiser convicts. This flies in the face of conventional prison wisdom that older inmates teach the
younger ones how to do time. I looked at the changes in the BOP population during the last 12 years
and the noticeable changes are in mandatory minimum sentences, the number of women and the
explosion of private prisons and contract facilities. Also, the BOPs policy of initiating early
deportation proceedings in illegal alien cases is all but gone. Now, BOPs policy is to wait until the
actual sentence is served before initiating Department of Homeland Security proceedings. Keep in
mind that there is no RDAP or halfway house programing for these inmates. It seems obvious that
BOP wants the prison population to increase keeping them relevant, but their policy creates a much
more difficult population to manage.

While the BOP did not change the history of violence or the history of escape categories,
these two categories always were subjective for the designator as the guidelines were somewhat
vague. I recall not scoring an escape to an individual who reported back to a CCC late. Another
person designating inmates in the same CCM office scored that as both a minor escape (3 points)
and a minor history of violence (5 points).

A review of the raw data of the BOPs population does not give any reasonable explanation
of the recent changes.
1996 2000 2006

Total Population 105,432 145,125 192,316


Male 92.7 % 93.6 % 93.3 %
Female 7.3% 7.4 % 6.7 %

Average Age 37 37 38

Average Sentence 66 months ----- 54 months


(2003)

In High facility 13.9 % 22.5 % 10.3 %


Medium 26.1 % 35.2 % 26.5 %
Low 30.1 % 24.9 % 39.7 %
Minimum 29.9 % 10.2 % 18.6 %

Number of Institutions 85 99 105


III. Designation

7
All designations and time computations now take place at the Designation and Sentence
Computation Center (DSCC) in Grand Prairie, Texas. (972) 352-4400. See Program Statement
5100.08. Prior to a designation occurring, the DSCC must receive all sentencing material regarding
the offender for consideration. These documents are processed and received from the sentencing
Court, U.S. Probation Office, and the U.S. Marshals Service.

The Bureau attempts to designate inmates to facilities commensurate with their security and
program needs within a 500-mile radius of their release residence. If an inmate is placed at an
institution that is more than 500 miles from their release residence, generally, it is due to specific
security, programming, or population concerns such as a separation order. When an inmate is
referred for a re-designation transfer, these same criteria are apply in making a decision for transfer
to a new facility.

Inmates are designated/re-designated to institutions based on:


- the level of security and staff supervision the inmate requires,
- the level of security and staff supervision the institution provides,
- the medical classification care level of the inmate and the care level of the
institution,
- the inmate's program needs (e.g., substance abuse treatment,
educational/vocational training, individual and/or group counseling,
medical/mental health treatment), and
- various administrative factors (e.g., institution bed space capacity; the inmate's
release residence; judicial recommendations; separation needs; and security
measures needed to ensure protection of victims, witnesses, and the general
public).

Additionally, any request for transfer must originate with an inmate's institution Unit Team
at his or her current facility. The DSCC evaluates referrals submitted by institution staff and makes
decisions based on the information provided by the institution. Inmates are encouraged to work
closely with members of their institution Unit Team to determine if transfer to a facility closer to
their release residence may be possible.

A. Designation is a two part process. PS 5100.08

1. Determine the Security Level.

a. Is there a detainer?
b. Severity of current offense.
c. Release date,
d. Criminal history score.
e. History of escapes or violence.

8
f. presentence status. (Out on bond).

2. Determine any Public Safety Factors.

a. Circumstances surrounding the inmate.


b. Circumstances surrounding the current offense.

Public Safety Factors (PSF)

1. Disruptive Group: Any inmate who has been confirmed to be a member of a


disruptive group (as identified by the BOP) shall be housed in a high security
facility.

2. Greatest severity offenses: Conviction for; aircraft piracy, arson, assault, car jacking,
serious drug offenses, escape, espionage, explosives, homicide, robbery, sexual
offenses, exporting sophisticated weaponry, threatening a governmental official.

3. Deportable alien.

4. More than 10 years remain on sentence.

5. Serious escape.

6. Violent behavior.

7. Prison disturbance.

8. Juvenile violence.

Waiver of Public Safety Factor

An inmate may receive up to three PSFs. PSFs maybe waived after review and approval
of the DSCC Administrator. When a PSF is waived causing a placement outside the normal
guideline range, the DSCC Administrator will then determine the most appropriate security level
for the inmate.

Only the DSCC Administrator is authorized to waive a PSF. A request for the waiver of the
PSF must be submitted to the DSCC on Form 409 (which can be found on the BOP website.)

B. Three documents needed for designation

9
1. BP 129 - US Marshalls generate. Gives separations, aliases, gang affiliations.

2. J + C - Court generates. Gives length of sentence and supervised release, must state
concurrent or consecutive sentence (if silent the BOP will treat as consecutive) gives
recommendations as to programing and/or facility.

BOP claims that nearly 50% of all cases have a judicial recommendation
and that they comply with 62% completely and 11% partially.
Source: www.bussertlaw.com/bimages/TheFederalBureauofPrisons.pdf

3. PSR - Probation generates. MOST IMPORTANT for BOP

3 versions - draft - original


revised - attorney revisions
amended - court revisions

*** Most judges will not amend a PSR unless it effects the guideline calculation. This is
contrary to both the law (See United States v. Bartholomew, 974 F. 2d 39 (5th Cir. 1992) and policy
as the PSR is the primary ingredient in the matrix for determination of classification, eligibility for
programs (employment, RDAP, education), medical treatment, release plans as well as visitation
eligibility.

- Be aware of medical issues that effect clients a ability to function in prison. They must
now have documentation - provide by the PSR writer and must be included in the report.
- Be aware of any escapes or Failure To Appears as they could be scored as a Crime of
Violence
- Be aware of crimes of violence that did not result in convictions
- Be aware of any references to homosexuality
- Be aware of anygang references as well as tattoos listed - confirm both with client
- Be aware that juvenile history (crimes, sexual behavior, educational reports, mental
health evaluations) can be used to increase security levels

Keep in mind your clients release plan (address listed on cover page). If your client wants
to release (halfway house) to a different area than that listed in the PSR, you should have some
connection to that preferred location in the PSR (i.e. my aunt, Sister Betty lives in Atlanta and has
a job for me) and, if possible, have some other ties to release location such as a job opportunity or
rehabilitative service.

You must list all substance abuse issues in the PSR. If there is no history of substance abuse,
client will be denied RDAP. Besides drugs, BOP also looks at other addictions i.e. alcohol and
gambling work... shopping, Facebook and sex, not so good.

10
If client speaks Spanish, RDAP in Spanish used to be offered at FCI Miami and FPC
Montgomery but those programs were discontinued in the summer of 2009. It is possible that these
programs will be restarted in the future. Keep in mind that an ICE detainer will prevent participation.

Detainers

A detainer will increase clients security level except for ICE detainers. Try to resolve any
pending charges as a detainer may also prevent client from the RDAP program as well as halfway
house placement.

Residential Drug Abuse Treatment Program (RDAP) (attachment D)

- a 500 hour program where inmates are placed in a class that lives together, separated
from the general prison population.
- takes six to twelve months to complete

- Inmate must have (1) verifiable drug abuse problem


(2) No serious mental health issues
(3) within 36 months of release
(4) agree to participate (sign agreement)
(5) appropriate security level

Early release based on successful completion of RDAP

1. Pursuant to 18 U.S.C. 227(d), an inmate who is sentenced for a non-violent


offense, has a substance abuse problem and successfully completes a residential drug
abuse treatment program, may qualify for an early release not to exceed twelve (12)
months.

2. Inmates who are not eligible for early release are:

a. INS/ICE detainees;
b. Inmates with prior felony or misdemeanor convictions for homicide, forcible
rape, robbery, aggravated assault or child sexual abuse offenses;
c. Inmates whose current offense has an element of physical force, carry,
possession of a firearm, sexual abuse offenses;
d. Current offense that by its nature or conduct present a serious potential risk
or physical force against the person or property of another;
e. Offenses for which a guideline enhancement was applied to the offense level
for the use or threatened use of force or firearm.

*** In the Ninth Circuit be aware that the BOP complies with Arrington v. Daniels,
516 F. 3d 1106 (9th Cir. 2008) and have a written response for inmates.

11
IV. Programs
1. Compassionate Release (PS 5050.46) 18 U.S.C. 3582(c)(1)(A)

2. MINT (PS 7310.04) (attachment F)

Female inmates are eligible to enter the program at the halfway house. This is generally
during their last two months of pregnancy. After the childs birth, the mother is allowed three
additional months to bond with the child. Then, mom goes to her designated institution to complete
her sentence. If she is eligible for prerelease services, she may remain at that facility only if she is
going to be supervised in that judicial district.

3. Furloughs (PS 5282.08) (attachment I)

4. Second Chance Act of 2007


The Act is designed to improve the success rate for reentry of offenders. 42 U.S.C. 17541
It provides funding for a myriad of different programs at the RRC (Residential Reentry Center). .
The BOP is required to assist inmates apply for public benefits, secure identification and assist with
other areas, including employment, health issues, education and financial skills. 18 U.S.C. 4042(a).
Recently, the U.S. Probation Office in Montana released two documents that expanded the
reach of the Second Chance Act. (See attached Montana Second Chance Act documents)

5. Second Chance for Ex-Offenders Act of 2009 - H.R. 1529


This is pending legislation that would allow for federal expungement. This is often confused
with The Second Chance for Ex-Offenders Act of 2007.

6. Inmate Monetary Policy (attachment J)


In 1930 the Department of Justice authorized and established a Commissary at each Federal
institution. The Commissary was created to provide an account for inmate monies and for the
procurement of articles not regularly issued as part of the institution administration. The purpose of
individual inmate Commissary accounts is to allow the Bureau of Prisons to maintain inmates'
monies while they are incarcerated. Family, friends, or other sources may deposit funds into these
accounts.

Funds may be sent to Federal inmates via the United States Postal Service or via the Western
Union Quick Collect Program. In either case, the inmate must physically be housed at a Federal
Bureau of Prisons facility before funds can be received and posted. If the inmate is not physically
in a Federal Bureau of Prisons facility, the funds cannot be posted and will be returned or rejected.

Using the U.S. Postal Service

12
Inmates' families and friends choosing to send inmates funds through the mail must send
those funds to the following address and in accordance with the directions provided below:
Federal Bureau of Prisons
Inmate Name
Inmate Eight Digit Register Number
Post Office Box 474701
Des Moines, Iowa 50947-0001

The deposit must be in the form of a money order made out to the inmate's full committed
name and complete eight digit register number. Effective December 1, 2007, all non-postal money
orders and non-government checks processed through the National Lockbox will be placed on
a 15 day hold. The Bureau of Prisons will return funds that do not have valid inmate information
to the sender provided the envelope has an adequate return address. Personal checks and cash cannot
be accepted for deposit.

The sender's name and return address must appear on the upper left hand corner of the
envelope to ensure that the funds can be returned to the sender in the event that they cannot be
posted to the inmate's account. The deposit envelope must not contain any items intended for
delivery to the inmate. The Bureau of Prisons shall dispose of all items included with the funds.

In the event funds have been mailed but have not been received in the inmate's account and
adequate time has passed for mail service to Des Moines, Iowa, the sender must initiate a tracer with
the entity who sold them the money order to resolve any issues.

Western Union Quick Collect Program


Inmates' families and friends may also send inmates funds through Western Union's Quick
Collect Program. All funds sent via Western Union's Quick Collect will be posted to the inmate's
account within two to four hours, when those funds are sent between 7:00 a.m. and 9:00 p.m. EST
(seven days per week, including holidays). Funds received after 9:00 pm EST will be posted by 7:00
am EST the following morning. Funds sent to an inmate through the Quick Collect Program may
be sent via one of the following ways:

1) At an agent location with cash: The inmate's family or friends must complete a
Quick Collect Form. Click here to view a sample Quick Collect Form. To find the nearest agent,
they may call 1-800-325-6000 or go to www.westernunion.com.

2) By phone using a credit/debit card: The inmate's family or friends may simply call
1-800-634-3422 and press option 2.

3) ONLINE using a credit/debit card: The inmate's family and friends may go to
www.westernunion.com and select "Quick Collect".

13
For each Western Union Quick Collect transaction, the following information must be
provided:
1) Valid Inmate Eight Digit Register Number (entered with no spaces or
dashes and immediately followed by Inmate's Last Name)
2) Committed Inmate Full Name entered on Attention Line
3) Code City: FBOP, DC

Please note that the inmate's committed name and eight digit register number must
be entered correctly. If the sender does not provide the correct information, the transaction
cannot be completed. The Code City is always FBOP, DC.

Each transaction is accepted or rejected at the point of sale. The sender has the sole
responsibility of sending the funds to the correct inmate. If an incorrect register number
and/or name are used and accepted and posted to that inmate, funds may not be returned.

Any questions or concerns regarding Western Union transfers should be directed to


Western Union by the sender (general public). Questions or concerns should not be directed
to the Federal Bureau of Prisons.
For additional information concerning inmate Commissary account deposit
procedures, please see the Bureau of Prisons Trust Fund/Warehouse/Laundry Manual (PS
4500.04) or 28 CFR Parts 506 and 540. For information concerning a specific deposit, please
contact Federal Bureau of Prisons' staff at 202-307-2712 between 8:00 a.m. and 4:30 p.m.
ET.

7. UNICOR (attachment M)

8. Occupational Training Programs (attachment P)

OTHER HOT TOPICS


BOP refuses to honor judicial recommendation of Boot Camp
U.S. v. Serpa, 251 F.Supp.2d 988 (D.Mass. 2003) (where BOP no longer follow its
long-standing policy of honoring judicial recommendations to place defendants who fell

14
within Zone C of the Sentencing Table in CCCs for the imprisonment portions of their
sentences, district court grants downward departure to defendant who pled guilty to three
counts of filing false income tax returns and whose guideline sentencing range was 10 to 16
months before BOP announced its policy to avoid any hint of an ex post facto violation in
his sentence and because not change not foreseeable)

BOP Terms and Acronyms

BOP = Bureau of Prisons


CCC = Community Correction Center
CIM = Central Inmate Monitoring
CSC = Community Sanction Center
DHO = Disciplinary Hearing Officer
FCC = Federal Correctional Complex
FCI = Federal Correctional Institution
FMC = Federal Medical Center
FPC = Federal Prison Camp
LSCI = Low Security Correctional Institution
MFCI = Medium Federal Correctional Institution
MINT = Mothers Infants Nurturing Together
PSF = Public Safety Factor
PSR/PSI = Presentence Investigation Report
RDAP = Residential Drug Abuse Program
SHU = Special Housing Unit
SOTP = Sex Offender Treatment Program (only at Butner)
SOMP = Sex Offender Management Program (Devens, Marion and Seagonville)
UNICOR = Prison Industry
USP = United States Penitentiary

Revised: January 6, 2011

15
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974 F.2d 39
(Cite as: 974 F.2d 39)

in federal custody can be denied without hearing only if


motion, files, and records of case conclusively show that
petitioner is entitled to no relief. 28 U.S.C.A. 2255.
United States Court of Appeals,
Fifth Circuit.
UNITED STATES of America, Plaintiff-Appellee, [2] Criminal Law 110 625.25
v.
Wayne F. BARTHOLOMEW, Defendant-Appellant.
No. 91-3297. 110 Criminal Law
110XX Trial
110XX(A) Preliminary Proceedings
Oct. 5, 1992. 110k623 Separate Trial or Hearing on Issue of
Insanity, Incapacity, or Incompetency
110k625.25 k. Retrospective or Nunc Pro
Indigent federal inmate moved to vacate, set aside, or Tunc Hearing. Most Cited Cases
correct sentence alleging incompetency, ineffective Defendant was not entitled to evidentiary hearing on issue
assistance of counsel, and illegal sentence. The United of whether he was incompetent due to mental disease at
States District Court for the Eastern District of Louisiana, time he entered plea of guilty, where there was no medical
Peter Beer, J., dismissed claims without evidentiary evidence before court covering period of time from 1976,
hearing. Movant appealed. The Court of Appeals held when defendant was diagnosed as schizophrenic, and 1984
that: (1) defendant was not entitled to evidentiary hearing when defendant entered guilty plea.
on issue of whether he was incompetent due to mental
disease at time he entered plea of guilty; (2) defendant was
not entitled to evidentiary hearing on claims on [3] Criminal Law 110 1912
ineffectiveness of counsel; (3) violation of criminal rule
governing presentencing investigation was cognizable on
collateral attack; and (4) defendant was entitled to 110 Criminal Law
evidentiary hearing on issue of errors in presentence 110XXXI Counsel
investigation report (PSI). 110XXXI(C) Adequacy of Representation
110XXXI(C)2 Particular Cases and Issues
110k1908 Raising of Particular Defense or
Affirmed in part; remanded with instructions in part. Contention
110k1912 k. Capacity to Commit Crime;
Insanity or Intoxication. Most Cited Cases
West Headnotes (Formerly 110k641.13(5))
Defense counsel's failure to request psychiatric
examination and to investigate and pursue insanity defense
[1] Criminal Law 110 1652 for defendant who had previous history of schizophrenia
was not ineffective assistance of counsel, where defendant
did not allege that defense counsel was unaware of
110 Criminal Law psychiatric examination and competency hearing held
110XXX Post-Conviction Relief shortly before he entered his plea in federal court which
110XXX(C) Proceedings resulted in finding in state companion case that defendant
110XXX(C)3 Hearing and Determination was competent. U.S.C.A. Const.Amend. 6.
110k1651 Necessity for Hearing
110k1652 k. In General. Most Cited
Cases [4] Criminal Law 110 1891
(Formerly 110k9971/4(2))
Motion to vacate, set aside, or correct sentence by person

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(Cite as: 974 F.2d 39)

110 Criminal Law 110 Criminal Law


110XXXI Counsel 110XXX Post-Conviction Relief
110XXXI(C) Adequacy of Representation 110XXX(C) Proceedings
110XXXI(C)2 Particular Cases and Issues 110XXX(C)3 Hearing and Determination
110k1891 k. Preparation for Trial. Most 110k1651 Necessity for Hearing
Cited Cases 110k1655 Particular Issues
(Formerly 110k641.13(6)) 110k1655(6) k. Counsel. Most Cited
Defense counsel had no duty to investigate claim that Cases
defendant lacked any intent to commit crime charged, (Formerly 110k9971/4(4))
which had no viability and which defendant had District court was not required to look outside record and
essentially repudiated under oath at his plea hearing. documents attached to motion to vacate sentence based on
U.S.C.A. Const.Amend. 6. ineffectiveness of counsel to make determination as to
validity of claims, and thus, defendant was not entitled to
evidentiary hearing.
[5] Criminal Law 110 1891

[8] Criminal Law 110 1655(1)


110 Criminal Law
110XXXI Counsel
110XXXI(C) Adequacy of Representation 110 Criminal Law
110XXXI(C)2 Particular Cases and Issues 110XXX Post-Conviction Relief
110k1891 k. Preparation for Trial. Most 110XXX(C) Proceedings
Cited Cases 110XXX(C)3 Hearing and Determination
(Formerly 110k641.13(6)) 110k1651 Necessity for Hearing
Insufficient investigation complaint lacked necessary 110k1655 Particular Issues
specificity to support claim of ineffective assistance of 110k1655(1) k. In General. Most
counsel. U.S.C.A. Const.Amend. 6. Cited Cases
(Formerly 110k9971/4(3.1), 110k9971/4(3))
Questions presented by defendant's claim that presentence
[6] Criminal Law 110 1954 investigation report (PSI) contained inaccuracies, e.g., that
PSI statement that defendant had previously shot and
killed man was not true, required development at
110 Criminal Law evidentiary hearing. Fed.Rules Cr.Proc.Rule 32, 18
110XXXI Counsel U.S.C.A.
110XXXI(C) Adequacy of Representation
110XXXI(C)2 Particular Cases and Issues
110k1952 Sentencing in General [9] Criminal Law 110 1556
110k1954 k. Adequacy of Investigation of
Sentencing Issues. Most Cited Cases
(Formerly 110k641.13(7)) 110 Criminal Law
Error by defense counsel in failing to permit defendant to 110XXX Post-Conviction Relief
read and review presentence investigation report prior to 110XXX(B) Grounds for Relief
sentencing did not constitute ineffectiveness of counsel 110k1556 k. Sentence and Punishment. Most
absent any allegation that outcome of proceeding would Cited Cases
have been different. U.S.C.A. Const.Amend. 6; Fed.Rules (Formerly 110k997.4)
Cr.Proc.Rule 32, 18 U.S.C.A. Trial court has power to correct violations of Criminal
Rule 32 regarding review of presentence investigation
report (PSI) on collateral attack, if party moving to vacate,
[7] Criminal Law 110 1655(6) set aside, or correct sentence can demonstrate that error
could not have been brought to court's attention earlier. 28
U.S.C.A. 2255; Fed.Rules Cr.Proc.Rule 32, 18 U.S.C.A.

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Texas, sitting by designation.

[10] Sentencing and Punishment 350H 301


PER CURIAM:

350H Sentencing and Punishment


350HII Sentencing Proceedings in General Wayne F. Bartholomew, an indigent Federal inmate,
350HII(E) Presentence Report appearing pro se, filed a Motion under 28 U.S.C. 2255
350Hk301 k. Effect of Inaccuracy or to vacate, set aside, or correct sentence by a person in
Uncorrected Defect. Most Cited Cases Federal custody. The Court below determined that the
(Formerly 110k986.4(1)) record was sufficient for the purpose of adjudication of
Defendant was entitled to have inaccuracies in movant's claims, and that an evidentiary hearing was not
presentence investigation report ( PSI) corrected, even necessary. The Court then dismissed Bartholomew's
if defendant was not entitled to new sentence pursuant to motion with prejudice. Bartholomew is before this Court
corrections, where information in report impacted choice pro se appealing the Judgment and Order of the District
of facility, parole eligibility and relationships to various Court dismissing his motion with prejudice without an
social service agencies on defendant's release. 28 evidentiary hearing.
U.S.C.A. 2255; Fed.Rules Cr.Proc.Rule 32, 18 U.S.C.A.

*41 FACTS
[11] Criminal Law 110 990.1

Appellant and two co-defendants abducted a bank officer


110 Criminal Law and robbed a bank. Appellant cut and seriously wounded
110XXIII Judgment the kidnap victim, and left her for dead. Appellant, along
110k990 Requisites and Sufficiency of Judgment with both codefendants, pleaded guilty to conspiracy to
110k990.1 k. In General. Most Cited Cases commit and commission of bank robbery and incidental
(Formerly 110k990(1), 110k991) crimes, in violation of 18 U.S.C. 371 and 2113(a), (e).
Sentence of commitment for life followed by notation of Bartholomew was sentenced to life in prison, and the
no parole did not constitute order imposing sentence of Court recommended no parole. No appeal was taken.
life without parole which was unavailable under statute,
where it was clear that court was making recommendation
of no parole. Appellant also faced state charges arising from the same
*40 Wayne F. Bartholomew, pro se. incident. In the state case he raised the issue of
competency, was examined by a doctor and found
competent by the Court. His federal lawyer was aware of
Patrice M. Harris and Peter G. Strasser, Asst. U.S. Attys., these proceedings, but did not raise the competency issue
Harry Rosenberg, U.S. Atty., New Orleans, La., for in Federal Court. At the Plea hearing she brought to the
plaintiff-appellee. Court's attention Appellant's past history of mental illness
and drug abuse, but represented to the Court that
Appellant was competent to enter a plea.
Appeal from the United States District Court for the
Eastern District of Louisiana.
ISSUES AND STANDARD OF REVIEW

Before JOLLY and DUH, Circuit Judges, and PARKER


FN* Appellant sets out two specific issues for our review, but
, District Judge.
argues other related issues under each one. Instead of
following Appellant's format, we will examine the lower
FN* Chief Judge of the Eastern District of Court's ruling on each issue presented in Appellant's
2255 Motion, and determine if the Court erred either in

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denying Appellant an evidentiary hearing, or in denying charged offenses and did so with a full understanding of
the relief requested. the consequences.

[1] A motion brought under 28 U.S.C. 2255 can be INEFFECTIVE ASSISTANCE OF COUNSEL
denied without a hearing only if the motion, files, and
records of the case conclusively show that the prisoner is
entitled to no relief. U.S. v. Auten, 632 F.2d 478 (5th The Court correctly set out and followed the framework
Cir.1980). established in Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) to determine if
Appellant had established a cognizable claim of
The Court reviews the action of the District Court for ineffective assistance of counsel. Bartholomew must
abuse of discretion. U.S. v. Donohoe, 458 F.2d 237 (10th demonstrate (1) that his attorney's conduct fell below an
Cir.1972), cert. denied 409 U.S. 865, 93 S.Ct. 157, 34 objective standard of reasonable professional assistance
L.Ed.2d 113 (1972). and (2) but for counsel's errors, there is a reasonable
probability that the result *42 of the proceeding would
have been different. Appellant listed five reasons for
INCOMPETENCY finding his counsel ineffective.

[2] Bartholomew alleges that he was incompetent due to [3] The Court first considered Appellant's allegations that
mental disease at the time he entered his plea of guilty. In his attorney failed to request a psychiatric examination
support of his claim he attached exhibits which established and failed to investigate and pursue an insanity defense.
that he had been diagnosed as suffering from An examination of the record revealed that she was aware
schizophrenia, paranoid type and drug dependency, and of Appellant's medical and drug abuse history, and had
admitted to Southeast Louisiana Hospital for treatment of considered pursuing an incompetency defense, but had
this condition in 1973. After two months he was rejected it as meritless. Appellant does not allege that she
discharged and continued outpatient treatment until 1976. was unaware of the psychiatric examination and
He also attached documentation from Leavenworth competency hearing held shortly before he entered his
Correctional Facility that he had been diagnosed as plea which resulted in a finding in the state companion
schizophrenic, paranoid type while in prison in 1986. The case that Appellant was competent. He only expresses his
Court in making a determination on Appellant's dissatisfaction with what he perceived as a lack of
incompetency claim considered these documents as well thoroughness by the doctor who conducted the
as the transcription of the guilty plea hearing, and the examination.
competency proceeding in the parallel state court
proceeding. The Court determined that the evidence on
which Appellant relied, while it may have raised a doubt [4] He next asserts that his lawyer failed to adequately
about his capacity in 1973-1976 was insufficient to raise investigate Appellant's claim that he lacked any intent to
a bona fide doubt about his competency immediately prior commit the crime charged. He maintains that he was
to and at the time of his plea in April of 1984. induced by his co-defendants to participate in the crime
because they led him to believe that the bank robbery was
only a fake. He attached declarations of other inmates who
The Court observed that no medical evidence was before had heard the fake robbery story from Appellant's
the Court covering the period of time between 1976 and co-defendant who was then serving his sentence for this
1984. Appellant has not alleged to the Court below or in crime in a Federal Prison. The Court determined that
his appellant brief that there was any evidence other than Appellant's statement under oath at his plea hearing that
what was already before the Court that could have cured the government's version of the facts was correct, was
the deficiency. Therefore we find no error in the Court's more credible than his present statements and supporting
denial of an evidentiary hearing on this issue. Further we declarations. Therefore, his attorney had no duty to
hold that the Court did not abuse its discretion in investigate a claim that had no viability and that Appellant
concluding that Appellant was competent to plead to the essentially repudiated under oath at his plea hearing.

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974 F.2d 39
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is that the PSI contains the statement that Appellant had


previously shot and killed a man. Appellant contends that
[5] Appellant next included a general claim that his is not true. There are questions presented by this issue that
lawyer's advice to plead guilty was based on insufficient would require development at an evidentiary*43 hearing.
investigation and information. The Court below found When was Appellant first made aware of the allegations
that, with the exception of the claims addressed above, his in the PSI? Is the statement true?
insufficient investigation complaint lacked the necessary
specificity to support a claim of ineffective assistance of
counsel. [9] The Court below found that this Rule 32 violation is
not cognizable on collateral attack because it could have
been raised on direct appeal or in an earlier Rule 35
[6] Finally, Bartholomew alleged that his lawyer failed to motion to correct sentence, citing United States v. Prince,
comply with Rule 32, Fed.R.Crim.P., regarding the 868 F.2d 1379, 1386 (5th Cir.1989.) The holding in
requirement that counsel and defendant read and review Prince does not preclude 2255 relief from a Rule 32
the presentence investigation report (PSI) prior to violation. Rather, the Court must make a determination
sentencing. We find that this failure, if proven, would whether the violation could have been raised on direct
have met the first prong of the Strickland analysis. appeal or an earlier Rule 35 motion. We find that the
However, the Court found that the contents of the PSI did record before the Court did not conclusively show the
not impact the sentence imposed, which was based solely issue could have been raised on appeal or previous
on the factual basis of the crimes as stated by the motion. Bartholomew alleges (1) his counsel failed to
government. The Appellant failed to establish that but for comply with her obligation to review the PSI with him, (2)
this error, the outcome of the proceeding would have been the Court failed to comply with its obligation to ascertain
different. that he had been provided a copy of the report, (3) the
report was finally obtained on some unknown date by a
pro se inmate through an open records act request, and (4)
[7] We find nothing alleged in these claims that required for some period of time between conviction and the filing
the Court to look outside the record and documents of his 2255 motion, he was under treatment and
attached to the motion to make a determination as to the medication for psychiatric disorder. Rule 32 requirements
validity of the claims. We find no abuse of discretion in that insure a defendant is apprised of the contents of a PSI
the Court's holding that Appellant is entitled to no relief and has an opportunity to object to inaccurate information
on the basis of ineffective assistance of counsel. were designed to protect the integrity of the sentencing
procedure. Appellate courts have the power to correct a
Rule 32 violations on collateral attack if the 2255
RULE 32 VIOLATION Movant can demonstrate that the error could not have been
brought to the court's attention earlier.

[8] Appellant's third claim is that the Court breached its


duties under Rule 32, Fed.R.Crim.P. by failing to ascertain [10] The Court below next notes that its sentence was
that Bartholomew and his lawyer had read the PSI, by based solely on the government's version of the facts and
failing to allow them to object to errors in the PSI and by not on any information in the PSI, so that failure to correct
failing to make written findings of fact regarding each it would not result in a miscarriage of justice. Although,
objection made. The record of the sentencing hearing under these facts Appellant may not be entitled to a new
makes it clear that Appellant's counsel had read the PSI, sentence, he is entitled to have inaccuracies in his PSI
and that the Court afforded ample opportunity for corrected, as the information in the PSI impacts choice of
comment and objection to both Appellant and his counsel, facility, parole eligibility and relationships to various
and that no objection was made to the PSI. The real issue social service agencies on his release.
raised is Appellant's claim that he did not see the PSI until
sometime after the sentencing hearing, at which time he
determined that there were factual errors in the report that NO PAROLE RECOMMENDATION
his attorney did not discuss with him or object to prior to
sentencing. The allegation that most concerns this Court

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974 F.2d 39
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[11] On the standardized Judgment and


Probation/Commitment Order, in the space designated
Commitment Recommendation, the following notation
appears: NO PAROLE. This is a categoric and
unchangeable Order. Appellant contends that this
language constitutes an order imposing a sentence of life
without parole, which is not available under the statute. In
an unpublished opinion, this Court rejected a similar claim
made by one of Appellant's co-defendants. United States
v. Emmet N. Bartholomew, 752 F.2d 644 (5th Cir.1985)
(unpublished opinion). On reading the Judgment and
Probation/Commitment Order, it is clear that the Court
below is making a recommendation of no parole. The
sentence of commitment is for life, as allowed under the
statute. We find no error in the denial of a hearing on this
issue. We find no abuse of discretion in the lower Court's
finding that the sentence imposed is not illegal.

CONCLUSION

The case is REMANDED with instructions to correct any


inaccuracies in the PSI. The judgment is AFFIRMED in
all other respects.

C.A.5 (La.),1992.
U.S. v. Bartholomew
974 F.2d 39

END OF DOCUMENT

2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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