Documente Academic
Documente Profesional
Documente Cultură
Federal Prison
David Merchant,
Merchant Assistant Federal Public Defender
Defender,
District of Montana
U. S. Department of Justice
Federal Bureau of Prisons
TO THE
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
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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
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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.
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).
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.
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.
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).
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.
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.
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).
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
15
V. POST-CONVICTION ISSUES
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
31
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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
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.
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).
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
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.
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
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.
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
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.
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.
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
45
Statutory Section Role of the Attorney General Role of State/Local
Government or Agencies
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.
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
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
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
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
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
Definitions 18
References 19
Appendices
1. General Overview of Federal Statutes, Title 18, United States Code, 4241-4247 21
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:
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
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principles apply:
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
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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.
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.
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.
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.
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.
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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.
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Federal Bureau of Prisons Guidelinc$ for Forensic Evaluations
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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.
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.
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
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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.
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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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
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.
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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.).
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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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,
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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.
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.
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. ")
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
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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.
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Definitions
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).
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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.
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. Psychology services manual: program statement 5310.12: 1993.
Gutheil TG. The psychiatrist as expert witness. Washington, DC: American Psychiatric Press;
1998.
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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.
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Federal Bureau of Prisons Guidelines for Forensic Evalua!ions
Clinical Practice Guidelines December. 2004
(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) 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.
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).
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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).
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.
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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 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
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.
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
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Miscellaneous Statutes
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).
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Federal Bureau of Prisnns Guiuelin~s for Forensic Evaluations
Clinical Practice Guidelines December, 2004
*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.
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f~ederal Bureau of Prisom Guidelines for FClrensic Evalualions
Clinical Practice Guiclelines Decem[>cr, 2004
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.
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federal Bureau of Prisons Guideline s for Forensic Evaluat i OilS
Clinical Practice Guideline~ December. 2004
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Federal Bureau of Prisons Guidelines for forensic Evaluations
elin ical Practice Guidelines Decem ber, 2004
I Intelligence Tests
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~eueral Bureau of Prisons Gu idelines fo r Forensic Ev alua lions
Clinical Practice Guidelines December, 2004
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Federal Bureau of Prisons Guidellnes for Forensic Evalu3tiolls
C lillical Practice Guidelines December, 2004
Neuropsychological/Cognitive Tests
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federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pl'actice Guidelines Decem ber, 2004
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).
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pracrice G II id eIilles December, 2004
FORENSIC REPORT
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. ")
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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:
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:
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.
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Pracl ie e Guid el illes December. 2004
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:
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Fed eral Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December. 2004
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
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*
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Federal Bureatl of Prisons Guidelines for r-orensic Evaluations
Clinical Practice Guidelines December, 2004
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.
NOTE: PDS entries should be printed and forwarded to Health Services for inclusion in the
Medical File within 72 hours
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
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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.
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.
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
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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.
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Federal Burea~l of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines Decem be r. 2004
Institution Letterhead
[Date]
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.
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
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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
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Federal Bureau of Prisons Gu idel illes for Forensic E valu ations
C Iinica J Prac.: tice Guide lines Decem ber. 2004
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines Decem be r, 2004
Defendant interviewed
Consults reviewed
Attorneys interviewed
Diagnoses accurate
Diagnoses comprehensive
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Federal Bureau of Prisons Guidelines for Forensic Evaluations
Clinical Practice Guidelines December, 2004
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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
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;
[2002 change]
[1996 change]
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.
The age of the client is now a factor, weighting against younger inmates.
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.
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.
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.
Average Age 37 37 38
Average Sentence 66 months 54 months (2003)
4
U.S. Department of Justice
Federal Bureau of Prisons
3. DIRECTIVE REFERENCED
4. TABLE OF CHANGES
Remove Insert
\s\
Kathleen M. Hawk
Director
U.S. Department of Justice
Federal Bureau of Prisons
3. TABLE OF CHANGES
Remove Insert
/s/
Kathleen M. Hawk
Director
U.S. Department of Justice
Federal Bureau of Prisons
3. TABLE OF CHANGES
Remove Insert
\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
a. Inmates who need and want drug abuse treatment will be able
to participate in one or more programs designed to assist them.
3. DIRECTIVES AFFECTED
a. Directive Rescinded
b. Directives Referenced
4. STANDARDS REFERENCED
/s/
Kathleen M. Hawk
Director
PS 5330.10
CN-02 April 23, 1997
Page i
TABLE OF CONTENTS
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
Attachments
Drug Use Review/Referral Form
(BP-S551.053) . . . . . . . . . . . . . . . Attachment A
Transitional Services.
[(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)).
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.
errors in thinking;
anger management.
(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.
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. *
# 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.
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.
(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:
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.
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.
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}.
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
There are two primary circumstances when a CCRA may delay early
release:
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.
TRANSITIONAL SERVICES
* *
INMATE APPEALS
* PROGRAM DOCUMENTATION
# Screening
# Participation
# Termination
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
Group
Assignment Code Description
The Drug Abuse Treatment Coordinator shall ensure that all drug
abuse treatment staff use the PDS to document the following:
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:
Answer the following questions about the inmate under review and
enter the proper SENTRY "DRG I" assignment based on those answers.
______________________________ ______________________________
Inmate Name Printed Staff Name Printed
______________________________ ______________________________
Inmate Signature Staff Signature
______________________________ ______________________________
Register Number Staff Title
______________________________ ______________________________
Date Date
(END FORM)
Non-residential treatment
Non-residential transition
Non-residential refresher
AGREEMENT/SIGNATURE
______________________________ ______________________________
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
_____________________________ _____________________________
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/SIGNATURE
______________________________ ______________________________
Inmate Signature Staff Signature
______________________________ ______________________________
Register Number Staff Title
______________________________ ______________________________
Date Date
P.S. 5330.10
CN-01, May 17, 1996
Attachment C, Page 1
DATE: / /
REPLY TO
ATTN OF:
Unit Manager/Drug Abuse Treatment Coordinator
(see note below**)
TO: , and
UNIT MANAGER UNIT
DAP COORDINATOR
(see note below**)
TO: in cases of early release
ISM eligibility
,
INMATE REGISTER #
Drug Education
Non-Residential Drug Abuse Treatment
Residential Drug Abuse Treatment
Transitional Services
Other:
I have discussed this issue with the inmate and I have made the
appropriate SENTRY changes.
__ BOP/General Population
__ BOP/CCC Placement
__ Supervised Release
__ Parole
__ No criminal justice hold
Completed By:
Title:
Institution:
Date: / /
Coordinator's
Signature
Date: / /
(END FORM)
P.S. 5330.10
May 25, 1995
Attachment E , Page 1
TO:
FROM:
is an inmate
currently housed at and is
participating in the residential drug abuse treatment program at
this facility.
DISTRICT OF
Witness: Signed:
Bureau of Prisons Staff Inmate
Date: Date:
I, , authorize
(Inmate) (Institution Name)
to disclose to
(Recipients)
(Date) (Title)
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).
FROM: INSTITUTION:
TITLE: DATE:
Comments:
PS 5330.10
CN-03 October 09, 1997
Attachment J, Page 2
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:
_______________________________________________________________
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
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
If not eligible for community placement, state reason: (only if item 12 is no):
_____________________________________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________
____________
DAP Coordinator'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.
DATE: ________________________
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.
DATE: / /
FROM:
(Name and Title)
CCM/Drug Abuse Treatment Coordinator
TO:
ISM
,
INMATE REGISTER #
His/Her provisional 3621(e) release date must be delayed for _________ days
in order to _____________. Please adjust his/her release date in SENTRY.
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.
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?
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.
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
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
RONALD HILL,
Petitioner,
v. 9:10-cv-553
Defendant.
--------------------------------
THOMAS J. McAVOY
Senior United States District Judge
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
that he is being unlawfully held in prison beyond his release date because the Bureau of
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.
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
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
U.S.C. 3624(b)(1) (allowing for the provision of GTC for each year that the prisoner has
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
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/
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:
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.
(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).
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 2
Emergency out-patient treatment may extend beyond midnight (e.g., left institution at 11:00 p.m.
and returned at 3:00 a.m.).
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.
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.
(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.
(4) Only the Regional Director may approve any deviation from MAXIMUM custody escort
guidelines.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 3
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.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 4
(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.
(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.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 5
(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.
a. Non-medical escorted trips allow an inmate to leave the institution under staff
escort for approved, non-medical reasons.
(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.
(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.
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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:
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.
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.
Approval for a non-emergency, non-medical escorted trip may not be delegated below the level
of Acting Warden.
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.
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.
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.
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
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 8
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.)
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.
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.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 9
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.
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:
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.
(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.
(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.
(1) Staffing. At least one non-probationary staff member. One staff member may escort a
maximum of five OUT custody inmates.
(3) Restraints. Restraint equipment may be used at the discretion of the escorting officer(s).
Refer to Section 11 when escorting pregnant inmates.
(1) Staffing. At least one non-probationary staff member. One staff member may escort a
maximum of five COMMUNITY custody inmates.
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.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 11
# 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.
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).
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.
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.
P5538.05 10/06/2008 Federal Regulations: bold type. Implementing instructions: regular type. 13
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.
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.
The Program Review Division, Correctional Services Branch, will review the Escorted Trip
Program. The Warden may select appropriate staff to conduct periodic internal reviews.
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.
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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
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.
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.
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.
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.
Evidence-based. The services provided must minimize the risks posed by the
defendants and offenders reentering the community by addressing their criminogenic
needs.
Emergency Services
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.
2. The emergency situation meets basic humanitarian needs (e.g., food, shelter,
medication, or transportation).
A. Any small credit card purchase must have telephonic approval by the Chief
or Deputy Chief Probation Officer or their designee.
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.
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 will be added as deemed necessary by the Chief Probation Officer,
following proper training and delegation.
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
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)
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.
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
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._____________________________________________________________________
______________________________________________________________________________
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
Page 1 of 7
Question: How will my clients release date be calculated?
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.
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.
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.
Question: How much Good Conduct Time (GCT) will my client earn?
Page 4 of 7
on sentences of 12 months or less. See 18 U.S.C. 3624(b).
DESIGNATION FAQS
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.
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.
Answer: The DAPC will submit a BP-942 Form, Request for Offense
Review, to the Designation and Sentence Computation Center (DSCC)
Legal Department.
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.
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
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.
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
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.
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.
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.
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.
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
Page 1 of 254
TABLE OF CONTENTS
Introduction 3
Institution/Program Index
Northeast Region 7
Mid-Atlantic Region 48
Southeast Region 89
Page 2 of 254
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.
Education Administrator
Federal Bureau of Prisons
320 First St. NW
Washington, DC 20534
Page 3 of 254
Explanations and Abbreviations
Page 4 of 254
Column 1: Institution Identification Facility Code:
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
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.
Page 5 of 254
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 8: Prerequisites
This column indicates whether the program includes public works or community service projects.
This column indicates whether the programs skill instruction or live work production supports Federal Prison Industries
(Unicor) Operations.
Page 6 of 254
NORTHEAST REGION
FCI Schuylkill
Page 7 of 254
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
C ontract
BO P
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
C ontract
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
C ontract
BO P
BO P
Page 10 of 254
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
BO P
BO P
BO P
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
C ontractor
N o Programs O ffered
N o Programs O ffered
Page 12 of 254
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
N o Program s O ffered
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
Page 14 of 254
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
C ontractor
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
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
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
N o Program s O ffered
N o Program s O ffered
Page 18 of 254
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
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
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
BO P
Business M M H S D iploma Y N
Administration or G ED
BO P
BO P and
C ontractor
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
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
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
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
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
C ontractor
BO P
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
BO P
BO P
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
BO P
N o Program s O ffered
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
N o Programs O ffered
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
BO P
BO P
BO P
BO P
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
N o Programs O ffered
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
C ontractor
BO P
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
BO P
BO P
BO P
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
N o Programs O ffered
N o Programs O ffered
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
BO P/contractor
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
N o Programs O ffered
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
BO P
BO P
Page 47 of 254
MID ATLANTIC REGION
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
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
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
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
BO P
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
C ontractor
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
BO P
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
BO P
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
C ontractor
C ontractor
BO P
BO P
C ontractor
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
BO P
BO P
C ontractor
BO P
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
C ontractor
C ontractor
C ontractor
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
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
C ontractor
C ontractor
C ontractor
N o Programs O ffered
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
C ontractor
C ontractor
C ontractor
N o Programs O ffered
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
C ontractor
N o Programs O ffered
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
C ontractor
BO P
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
BO P
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
C ontractor
APPR EN T IC ESH IP
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
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
N o Programs O ffered
C ontractor
BO P
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
N o Programs O ffered
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
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
BO P
BO P
BO P
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
BO P
BO P
BO P
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
N o Programs O ffered
APPR EN T IC ESH IP
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
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
C ontractor
C ontractor
BO P
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
C ontractor
C ontractor
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
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
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
C ontractor
BO P
BO P
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
BO P
BO P
BO P
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
N o Programs O ffered
BO P
U SD O L BO P
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
BO P
Page 88 of 254
SOUTHEAST REGION
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
BO P
BO P
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
BO P
BO P
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
C ontractor
BO P
BO P
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
BO P
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
BO P
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
Marketing
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
BO P
BO P
BO P
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
BO P
BO P
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
BO P
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
BO P
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
BO P
BO P
BO P
N o Programs O ffered
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
N o Programs O ffered
C ontractor
C ontractor
BO P
BO P
BO P
BO P
BO P
BO P
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
BO P
BO P
BO P
BO P
BO P
BO P
BO P & Contractor
BO P & Contractor
BO P & Contractor
BO P & Contractor
BO P & Contractor
BO P & Contractor
BO P & Contractor
N o Programs O ffered
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
N o Programs O ffered
A+ C ertification C M
C omputer W ordperfect C M
C ulinary Arts C M
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Program s O ffered
VO C AT IO N AL T R AIN IN G
N o Programs O ffered
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
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
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
BO P
BO P
BO P
BO P
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
N o Programs O ffered
BO P
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
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
BO P
BO P
N o Programs O ffered
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
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
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
N o Programs O ffered
C ontractor
N o Programs O ffered
BO P
BO P
BO P
BO P
MS O ffice M M 6 months
Automotive VT M M 8 months
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
BO P
BO P
BO P
BO P
C ontractor
N o Programs O ffered
BO P
BO P
BO P
APPR EN T IC ESH IP
BO P
BO P
C ontractor
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
BO P
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
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
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
BO P
BO P
BO P
BO P
N o Programs O ffered
C ontractor
N o Programs O ffered
BO P
BO P
BO P
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
BO P
C ontractor
C ontractor
C ontractor
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
VO C AT IO N AL T R AIN IN G
C ontractor
C ontractor
C ontractor
C ontractor
VO C AT IO N AL T R AIN IN G
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
VO C AT IO N AL T R AIN IN G
C ontractor
APPRENT ICESH IP
BO P
C ontractor
C ontractor
APPR EN T IC ESH IP
BO P
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
APPRENT ICESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
BO P
BO P
APPR EN T IC ESH IP
C ontractor
C ontractor
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
N o Programs O ffered
APPR EN T IC ESH IP
N o Programs O ffered
C ontractor
C ontractor
C ontractor
C ontractor
VO C AT IO N AL T R AIN IN G
N o Programs O ffered
APPR EN T IC ESH IP
BO P
BO P
BO P
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
APPR EN T IC ESH IP
N o Programs O ffered
C ontractor
N o Programs O ffered
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
C ontractor
APPR EN T IC ESH IP
BO P
BO P
BO P
N o Programs O ffered
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
APPR EN T IC ESH IP
BO P
BO P
BO P
BO P
BO P
BO P
BO P
BO P
N o Programs O ffered
C ontractor
C ontractor
C ontractor
C ontractor
C ontractor
BO P
BO P
BO P
BO P
N o Programs O ffered
BO P
BO P
BO P
Public H ealth
Service
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
Public H ealth
Service
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
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
C ontractor
C ontractor
C ontractor
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
N o Programs O ffered
C ontractor
BO P
BO P
BO P
BO P
BO P
C ontractor
C ontractor
C ontractor
C ontractor
N o Programs O ffered
N o Programs O ffered
C ontractor
C ontractor
C ontractor
N o Programs O ffered
N o Programs O ffered
C ustodial T raining
ServSafe
C ontractor
ServSafe
N o Programs O ffered
N o Programs O ffered
Website = http://www.bop.gov/
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
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;
[2002 change]
[1996 change]
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.
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
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.
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.
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
Average Age 37 37 38
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.
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. 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. 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.
5. Serious escape.
6. Violent behavior.
7. Prison disturbance.
8. Juvenile violence.
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.)
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
*** 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.
- 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
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)
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.
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.
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.
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.
7. UNICOR (attachment M)
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)
15
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974 F.2d 39
(Cite as: 974 F.2d 39)
974 F.2d 39
(Cite as: 974 F.2d 39)
974 F.2d 39
(Cite as: 974 F.2d 39)
*41 FACTS
[11] Criminal Law 110 990.1
974 F.2d 39
(Cite as: 974 F.2d 39)
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.
974 F.2d 39
(Cite as: 974 F.2d 39)
974 F.2d 39
(Cite as: 974 F.2d 39)
CONCLUSION
C.A.5 (La.),1992.
U.S. v. Bartholomew
974 F.2d 39
END OF DOCUMENT