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Usdoj Fbop Legal Resource Guide to the Fbop 2008

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U. S. Department of Justice
Federal Bureau of Prisons

LEGAL RESOURCE GUIDE
TO THE
FEDERAL BUREAU OF PRISONS
2008

Table of Contents
I. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. The Bureau's Mission.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. This Publication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Website.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. District of Columbia (D.C.) Code Felony Offenders. . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. DNA Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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2
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3

II. PRETRIAL ISSUES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. Pretrial Detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Pretrial Inmate Health Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
III. EVALUATION OF OFFENDER MENTAL CAPACITY.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. Pretrial: Mental Evaluation and Commitment:
Title 18 U.S.C. § 4241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Pretrial: Determination of Insanity at Time of Offense and Commitment:
Title 18 U.S.C. §§ 4242 and 4243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Conviction and Pre-Sentencing Stage:
Title 18 U.S.C. § 4244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Post-Sentencing Hospitalization:
Title 18 U.S.C. § 4245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Hospitalization of Mentally Incompetent Person Due for Release:
Title 18 U.S.C. § 4246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Civil Commitment of a Sexually Dangerous Person:
Title 18 U.S.C. § 4248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G. Examination of an Inmate Eligible for Parole:
Title 18 U.S.C. § 4205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
H. Presentence Study and Psychological or Psychiatric Examination:
Title 18 U.S.C. § 3552(b) and (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I. State Custody; Remedies in Federal Courts:
Title 28 U.S.C. § 2254;
Prisoners in State Custody Subject to Capital Sentence:
Appointment of Counsel; Requirement of Rule of Court or Statute;
Procedures for Appointment:
Title 28 U.S.C. § 2261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IV.

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8

9

SENTENCING ISSUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
A. Probation and Conditions of Probation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Community Confinement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Intermittent Confinement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3. Home Detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1. Institutional Confinement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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2. Service of Sentence in Non-Federal Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 11
3. Juvenile Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Judgment and Commitment Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1. Judicial Recommendations for a Specific Institution, Geographic Area, or
Specialized Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2. Sentence Calculation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Commencement of a Term of Imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4. Credit for Prior Custody (“Jail Time”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5. Credit for Satisfactory Behavior (“Good Conduct Time”). . . . . . . . . . . . . . . . . 14
6. Fines and Costs of Confinement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7. Inmate Financial Responsibility Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
V. POST CONVICTION ISSUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
A. Designation to a Facility for Service of a Term of Imprisonment. . . . . . . . . . . . . . . . . 16
1. Security Designation and Custody Classification. . . . . . . . . . . . . . . . . . . . . . . . 16
2. Movement to the Institution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Interstate Agreement on Detainers. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4. Central Inmate Monitoring System.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
B. Admission and Orientation Program for Inmates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
C. Programs and General Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1. Education and Recreation Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2. Religious Programs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3. Food Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
4. Work Programs and UNICOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Inmate Accident Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(a) Lost-Time Wage Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(b) Compensation for Work-Related Physical Impairment or Death. . . . . 22
6. Female Offenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
(a) Birth Control and Pregnancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
(b) Abortion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7. Substance Abuse Treatment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8. Urine Surveillance Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9. Medical Services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
(a) Medical Services available to Sentenced Offenders. . . . . . . . . . . . . . . 24
(b) Medical Referral Centers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
(c) Voluntary Medical and Mental Treatment. . . . . . . . . . . . . . . . . . . . . . 27
(d) Managing Infectious Disease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
10. Mental Health Counseling and Treatment Services. . . . . . . . . . . . . . . . . . . . . 28
(a) Involuntary Mental Health Treatment.. . . . . . . . . . . . . . . . . . . . . . . . . 29
(b) Mental Health Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
(c) Sex Offender Management and Treatment.. . . . . . . . . . . . . . . . . . . . . 29
D. Visiting, Telephones, and Correspondence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
1. Visiting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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E.
F.

G.
H.
I.

J.

K.

L.
VI.

2. Telephones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Written Correspondence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Inmate Discipline Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Inmate Access to Court.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
1. Law Libraries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2. Preparation of Legal Documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
3. Attorneys.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4. Legal Mail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5. Unmonitored Legal Telephone Calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
6. Inmate Involvement in Litigation While Incarcerated. . . . . . . . . . . . . . . . . . . . 35
Administrative Remedy Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Personal Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Special Administrative Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
1. National Security Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2. Prevention of Acts of Violence and Terrorism. . . . . . . . . . . . . . . . . . . . . . . . . . 38
Family Emergencies and Temporary Releases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
1. Furloughs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
2. Escorted Trips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
1. Early Release from Prison.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
(a) Executive Clemency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
(b) Reduction in Sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
2. Parole. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
3. Community Confinement in Preparation for Relea.se... . . . . . . . . . . . . . . . . . . . . 41
4. Home Confinement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Notification to Community of the Release of an Offender. . . . . . . . . . . . . . . . . . . . . . 42

CONCLUSION . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

VII. APPENDICES
Appendix A - Summary Table:
Application of Title18 U.S.C. Ch. 313: Offenders with Mental Disease or Defect . . . . . . . . . . . 44
Appendix B - Regional Counsel and Consolidated Legal Center offices . . . . . . . . . . . . . . . . . . 48
Appendix C - Relevant Acronyms and Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

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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 Institute’s 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.

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

D. District of Columbia (D.C.) Code Felony Offenders
By virtue of Section 11201 of Chapter 1 of Subtitle C of Title XI of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Revitalization Act), enacted
August 5, 1997, Pub. L. 105-33; 111 Stat. 740, the BOP administers the imprisonment terms
of felony offenders convicted under the D.C. criminal code. The BOP has broad authority to
provide for the “custody, care, subsistence, education, treatment and training” of D.C. Code
felony offenders in its custody “consistent with the sentence[s] imposed.” D.C. Code
§ 24-1201(a), (b). With few exceptions, BOP manages D.C. Code offenders no differently from
U.S. Code offenders.

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

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

B. Pretrial Inmate Health Care
Pretrial detainees may be held at BOP facilities, or at a number of local facilities across the
country. Pretrial detainees held in BOP institutions are provided medical care on site.
The USMS is responsible for pretrial inmates in its custody, and will contract for community
medical providers as necessary to address the needs of inmates held in non-BOP facilities.
There is virtually no health care issue of a defendant that would preclude subsequent
commitment of the defendant to a federal institution. Medical care is available in all BOP
facilities. Male inmates whose health care needs exceed those services available in a typical
institution may be transferred to a BOP medical referral center in Springfield, Missouri;
Rochester, Minnesota; Butner, North Carolina; Lexington, Kentucky; or Devens, Massachusetts.
Female inmates will be transferred to the Carswell medical referral center in Fort Worth, Texas.
When a BOP facility cannot adequately treat an inmate's condition, the inmate is sent to a
community hospital under contract with the BOP. When necessary and available, air ambulance
service is used to transport inmates for urgent treatment.
Specialized health care for sentenced inmates is also available at a number of BOP institutions
and all institutions are wheelchair accessible. A later section on Health Care Services in the BOP
details available programs and services. See infra, Section V - Post Conviction Issues.
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III. EVALUATION OF OFFENDER MENTAL CAPACITY
In 1984, as part of a major sentencing reform effort, Congress enacted comprehensive provisions
addressing the evaluation and treatment of mentally ill offenders. Title 18 U.S.C. Chapter 313,
§§ 4241-4247, describes necessary judicial procedures which must be followed when an offender
appears to be, or is, currently suffering from a mental disease or defect. See 28 C.F.R
§§ 549.40-43; Program Statements 5310.12, Psychology Services Manual; 5310.13, Mentally Ill
Inmates, Institution Management of; 6010.01, Psychiatric Treatment and Medication,
Administrative Safeguards; and 6340.04, Psychiatric Services. The Adam Walsh Child
Protection and Safety Act of 2006 (Walsh Act), enacted July 27, 2006, Pub. L. 109-248,
120 Stat. 587, provides for the civil commitment of a sexually dangerous person subsequent to
the completion of the term of incarceration, as codified in § 4248. Further detail is provided
below. A Summary Table of the application of the following statutes, under Chapter 313, is
attached as Appendix A.

A. Title 18 U.S.C. Section 4241:
Pretrial: Mental Evaluation and Commitment
Title 18 U.S.C. § 4241 explains the procedures necessary to determine the mental competency of
a defendant at any time after the commencement of prosecution, and prior to sentencing. Should
there be reasonable cause to question the defendant's competency, the court will order a hearing
upon the motion of one of the parties, or upon its own motion. See 18 U.S.C. § 4241(a). Prior to
the hearing, the court may order the defendant to undergo a psychiatric or psychological
examination. See 18 U.S.C. § 4241(b).
The court may commit the defendant to the custody of the Attorney General for placement in a
suitable facility1 to be examined for a reasonable period not to exceed 30 days, unless the director
of the examining facility requests a reasonable extension, not to exceed 15 days. See 18 U.S.C.
§ 4247(b). After the examination period expires, a report is filed with the court by the facility’s
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

1

In addition to BOP and USM S 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.

4

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

B. Title 18 U.S.C. Sections 4242 and 4243:
Pretrial: Determination of Insanity at Time of Offense and Commitment
Pursuant to 18 U.S.C. § 4242, the attorney for the Government, after receiving notice that the
defendant intends to rely upon the defense of insanity, may ask the court to order the defendant to
undergo a psychological or psychiatric examination. Similar to a § 4241 study as described
above, the § 4242 study may be conducted locally or, where incarceration is deemed necessary,
at a BOP facility. After the issue of insanity has been raised, the fact finder is required to reach a
special verdict of guilty, not guilty, or not guilty only by reason of insanity.
When an offender has been found not guilty only by reason of insanity, a hearing will be
conducted no later than 40 days after the special verdict. See 18 U.S.C. § 4243(c). At the
hearing, a person found not guilty solely by reason of insanity has the burden of proving by clear
and convincing evidence that his or her release would not create a substantial risk of bodily
injury to another person or serious damage to the property of another. See 18 U.S.C. § 4243(d).
Note that while the hearing must take place within 40 days, § 4247(b) states that the examination
under § 4243 may not exceed 45 days. If the offender fails to meet the evidentiary standard,
he or she will be committed to the custody of the Attorney General.
Once the offender has been committed, the Attorney General will make continuous reasonable
efforts to release the offender to the state in which the offender was domiciled or tried, if the state
will assume responsibility for his or her custody, care, and treatment. The Attorney General has
authority to stipulate the terms and conditions under which a federal insanity acquittee will be
placed in state custody for care and treatment. See 18 U.S.C. § 4243(e). There is a continuing
federal interest in the inmate's state placement or conditional release, and any transferred
individual cannot be unconditionally released by the state facility without the concurrence of the

2

The Supreme Court has held that the government may involuntarily administer antipsychotic 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).

5

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.

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

D. Title 18 U.S.C. Section 4245:
Post-Sentencing Hospitalization
Title 18 U.S.C. § 4245 provides for hospitalization and treatment of sentenced inmates found to
be suffering from a mental disease or defect. If an inmate refuses to consent to hospitalization
for care and treatment, § 4245 describes the method for involuntary hospitalization if necessary.
The court may order the hospitalization of an inmate for care or treatment if, after a hearing, the
court finds by a preponderance of the evidence that the inmate is suffering from a mental disease
or defect for the treatment of which he or she is in need of hospitalization. See 18 U.S.C.
§ 4245(d). Section 4245(e) provides that the commitment may be discharged upon certification
from the Warden that the inmate has recovered to an extent that he or she is no longer in need of
hospitalization, or upon the expiration of the sentence of imprisonment.

6

E. Title 18 U.S.C. Section 4246:
Pre-Release:
Hospitalization of Mentally Incompetent Person Due for Release
Title 18 U.S.C. § 4246 provides for the commitment and hospitalization of an inmate who is
scheduled for release but who is found to be suffering from a mental disease or defect, and his or
her release would create a substantial risk of bodily injury to another person, or serious damage
to the property of another. If the director of a medical facility certifies that the inmate meets the
standards set forth in § 4246(a), the director will file such certificate with the clerk of court.
The certificate must also certify that suitable arrangements for state custody and care are
unavailable. A defendant found not competent and not restorable to stand trial under § 4241(d),
is also subject to the provisions of § 4246 if he or she meets the criteria for commitment. Once
the certificate has been filed, the offender's release is stayed. The clerk of the court will send a
copy of the certificate to the offender, to the attorney for the government, and if the person was
committed under § 4241(d), to the committing court. See 18 U.S.C. § 4246(a).
The court will order a hearing to determine whether there is clear and convincing evidence
the person suffers from a mental disease or defect, such that his or her release would create a
substantial risk of bodily injury or serious damage to property. If sufficient evidence exists, the
court will commit the person to the custody of the Attorney General. See 18 U.S.C. § 4246(d).
The Attorney General will make continuous reasonable efforts to release the person to the
appropriate official of the state in which the person is domiciled or was tried. If the state refuses
to assume responsibility for the offender's custody, care, and treatment, the Attorney General will
hospitalize the individual for treatment in a suitable facility until the state assumes such
responsibility or until the person's mental condition is such that his or her full release,
or conditional release, would not pose a substantial risk of injury to other persons or damage to
property. The director of the medical facility may initiate discharge proceedings in accordance
with § 4246(e), or counsel for the inmate may seek discharge by filing a motion for a hearing.
A motion by counsel for the inmate seeking discharge may be filed only after 180 days from the
date of a court determination that the person should continue to be committed. See 18 U.S.C.
§ 4247(h).

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

7

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

G. Title 18 U.S.C. Section 4205:
Examination of an Inmate Eligible for Parole
This statute was repealed (along with others pertaining to parole) in 1987. However, inmates
whose offense was committed prior to November 1, 1987 (“old law”) may remain paroleeligible. The statute requires the BOP to furnish to the United States Parole Commission
(USPC) an evaluation of an inmate’s suitability for parole, including his or her mental and
physical health, past criminal history, and social background.

H. Title 18 U.S.C. Section 3552(b) and (c):
Presentence Study and Psychological or Psychiatric Examination
During the presentence investigative process, the court may order the defendant to undergo a
psychological or psychiatric examination. The court will specify the additional information it
requires before determining an appropriate sentence.
This evaluation may be completed by a community consultant “unless the judge finds that there
is a compelling reason for the study to be done by the Bureau of Prisons . . . .” The statute allows
for 60 days for the completion of the study, with an extension not to exceed 60 additional days.
The format of the study report should generally follow the format used in the other statutes,
specifically addressing the court’s concerns.

8

I. Title 28 U.S.C. Section 2254:
State Custody; Remedies in Federal Courts;
Title 28 U.S.C. Section 2261:
Prisoners in State Custody Subject to Capital Sentence;
Appointment of Counsel;
Requirement of Rule of Court or Statute; Procedures
for Appointment
These sections together concern state inmates who have capital sentences, and who bring a
writ of habeas corpus before a federal court. Mental capacity evaluations, analogous to
18 U.S.C. § 3596(c), may be ordered by the federal judge. There is no requirement that this
evaluation be conducted in any particular facility. Since the inmate is serving a state sentence,
it appears most appropriate that the evaluation be completed by a licensed or certified psychiatrist
or psychologist in the state facility in which the inmate is housed.

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

A. Probation and Conditions of Probation
The federal sentencing court may impose a sentence of probation with conditions placed on the
offender. The offender is monitored by the U.S. Probation Office.
1. Community Confinement
As a condition of probation, a defendant may be sentenced to community confinement, defined
as residence in “a community corrections facility.” See 18 U.S.C. § 3563 (b)(11). Federallycontracted halfway houses, now called Residential Reentry Centers (RRCs),3 have been made
available by the BOP for use by the courts. An offender subject to a term of community
confinement as a condition of probation or supervised release is placed in the most restrictive
component of the RRC, and has limited access to the community. RRCs are available for both
male and female offenders. See Program Statement 7300.09, Community Corrections Manual.

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.

9

The court may also place an offender in an RRC in lieu of revocation of probation or supervised
release for technical violations.
2. Intermittent Confinement
Weekend terms and other forms of intermittent confinement may be imposed as a condition of
probation. See 18 U.S.C. § 3563(b)(10)4 and U.S.S.G. § 5C1.1(c)(3). In most instances, BOP or
contract detention facilities are used for this purpose, but placement in an RRC is also
permissible.
3. 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 inmate’s 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

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 redesignated 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 redesignated 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).
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.

10

Administrative.6 Institution security levels are determined by various factors including type of
perimeter security, number of towers or external patrols, detection devices, security of housing
areas, type of living quarters, and level of staffing.
2. Service of Sentence in Non-Federal Facilities
The BOP will often contract with a local jail or detention center to house an inmate sentenced to
a term of one year or less, and long-term offenders may also be housed under contract with state
correctional systems, or in a privately-run facility. An inmate may be transferred to a state
facility, or to a privately-run facility, should the individual present special management problems,
require protection, or if his or her notoriety precludes incarceration in any BOP facility. See
Program Statement 5160.05, Designation of State Institution for Service of Federal Sentence.
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 BOP’s treatment of each group differs as
follows:
Confinement of Persons Under Age 18 - Any inmate who has not attained the age of 18
at the time of commitment will be placed in a non-federal juvenile facility. See 18 U.S.C.
§ 5039. Generally, the BOP attempts to place such inmates in community-based juvenile
facilities located in or near their home communities.
Confinement of Persons 18 to 21 Years of Age - An inmate who is sentenced as an adult
pursuant to 18 U.S.C. § 5032 shall be designated to an adult institution according to BOP
designation criteria. An inmate who is sentenced as a juvenile will be treated as a person
under 18 years of age, unless he or she has a concurrent federal adult sentence of a length
equal to or greater than the juvenile sentence. If there is a concurrent federal sentence
equal to or greater in length than the juvenile sentence, the inmate will be housed in an
adult facility. The court imposing the juvenile sentence will be notified of this fact. If an

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.

11

inmate sentenced as a juvenile also has a consecutive adult sentence, he or she will be
treated as a person under the age of 18 until the expiration of the juvenile sentence, or in
some instances, until he or she has reached the age of 21.
Persons Who Turn 21 While Serving a JJDPA Sentence - A person who had been
adjudicated as delinquent may then be designated to a BOP institution as an adult, once
he or she reaches the age of 21. However, a change in placement is not required, and the
BOP may retain the inmate in a contract juvenile facility for continuity of program
participation.

C. Judgment and Commitment Orders
The BOP is charged with interpreting and administering some of the provisions of the Judgment
and Commitment Order (J&C) of the federal courts, as follows.
1. Judicial Recommendations for a Specific Institution, Geographic Area, or
Specialized Program
The BOP has sole authority to designate the place of confinement for federal prisoners.
See 18 U.S.C. § 3621. By statute, the BOP is required to consider the type of offense, the length
of 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 court’s preference for housing the inmate within a specific institution,
geographic area, or specialized program. Every effort is made to fulfill the court’s request.
Conflict with BOP policy and sound correctional management may, however, prevent
compliance.
Prior to finalizing plea agreements or other concessions affecting a defendant’s conditions
of confinement, the parties involved should consult with the relevant CLC office regarding
factors that might affect availability of the program, or the eligibility of an individual
defendant for any program assignment. Specific programs or institution placements
should not be promised to any defendant. This is particularly important when defendants
carry both state and federal sentences, as complex issues arise over which sovereign has priority
to implement its sentence.
2. Sentence Calculation
The BOP’s 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
12

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 defendant’s term of imprisonment to be calculated in a
manner contrary to law. The BOP will then notify the prosecuting Assistant U.S. Attorney
and/or the court to resolve the problem.
3. Commencement of a Term of Imprisonment
Title 18 U.S.C. § 3585(a) dictates that “[a] sentence to a term of imprisonment commences on
the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to
commence service of sentence at, the official detention facility at which the sentence is to be
served.” Consequently, J&Cs directing a defendant’s term of imprisonment to commence at a
date earlier than its date of imposition, or some other date, are viewed by the BOP as contrary to
statute, and notice will be given to the Court.
4. Credit for Prior Custody (“Jail Time”)
Title 18 U.S.C. § 3585(b) dictates the method of calculating credit for prior custody of
defendants whose offense was committed on or after November 1, 1987. Sentence credit is
awarded for any time spent in official detention prior to the date a term of imprisonment
commences, provided it was served as a result of the offense for which the sentence was
imposed, or as a result of any offense (state or federal) for which the defendant was arrested after
committing the offense for which the federal sentence was imposed. Additionally, the time must
not have been credited against any other sentence. Slightly different rules apply for defendants
whose date of offense is prior to November 1, 1987. See 18 U.S.C. § 3568 (repealed).
After a defendant is sentenced, the BOP is responsible for determining what period(s) of prior
custody may be credited toward the federal term of imprisonment. See United States v. Wilson,
503 U.S. 329 (1992). Periods spent on pretrial release, no matter how restrictive, cannot be
awarded as prior custody credit to U.S. Code offenders. See Reno v. Koray, 515 U.S. 50 (1995).
D.C. Code felony offenders, however, may be entitled to such credit. See Program Statement
5880.32, District of Columbia Sentence Computation Manual. Consequently, J&Cs must be
13

carefully drafted to avoid requiring prior custody credit awards in circumstances which are
contrary to statute. In those infrequent instances in which a sentence being imposed is
“adjusted,” for a period of time already served, the court should note on the J&C the amount of
time by which the sentence is being adjusted, the undischarged term of imprisonment for which
the adjustment is being given, and that the sentence imposed is a sentence reduction pursuant to
U.S.S.G. § 5G1.3(b), for a period of imprisonment that will not be credited by the BOP.
See U.S.S.G. § 5G1.3, Imposition of a Sentence on a Defendant Subject to an Undischarged
Term of Imprisonment, App. Note 2(C), Imposition of Sentence. Otherwise, it may appear that
prior custody credit is being awarded contrary to 18 U.S.C. § 3585(b).
5. Credit for Satisfactory Behavior (“Good Conduct Time”)
Title 18 U.S.C. § 3624(b) provides Good Conduct Time (GCT) credit for U.S. Code felony
offenders whose offense was committed on or after November 1, 1987, and D.C. Code felony
offenders whose offense was committed on or after August 5, 2000. Under that provision,
inmates serving sentences greater than one year, but less than life, may receive up to 54 days
sentence credit per year served. Inmates sanctioned for violating prison disciplinary rules may
lose all or part of these credits. See Program Statement 5270.07, Inmate Discipline and Special
Housing Units.
In light of the specific sentence credit applications involved, sentencing courts must be very
specific in wording the J&C. Defendants sentenced to a “one year” term of imprisonment will
actually serve one year, without the benefit of any GCT credit. Defendants sentenced to
“a year and a day” term of imprisonment, however, can receive credit for satisfactory behavior
and thus can actually serve less than one year. The DSCC should be consulted to provide
assistance in wording the J&C, to effect the Court’s intention in accordance with
applicable statutes and BOP policy.
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 prisoner’s 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
14

1987, such defendants were eligible to accrue both Statutory Good Time (§ 4161) and Extra
Good Time (§ 4162). Statutory Good Time may be forfeited in whole or in part if the prisoner
violates institution rules or commits any offense. See 18 U.S.C. § 4165.
6. Fines and Costs of Confinement
Pursuant to U.S.S.G. § 5E1.2, the court shall impose a fine in all cases, unless the defendant
lacks the necessary financial resources to make payments. For offenses committed on or after
November 1, 1987, the court cannot require that any fine imposed be paid as a precondition for
release from imprisonment. This is a change from prior law, which permitted the court to order
the defendant to remain in prison until the fine is paid, unless and until a determination was made
that the defendant was indigent or otherwise unable to pay the fine. See Program Statement
5882.03, Fines and Costs for Old Law Inmates. Nevertheless, pursuant to Title 18 U.S.C.
§ 3624(e), the defendant must agree to adhere to an installment schedule prior to being released
for the supervision portion of his or her sentence. See 18 U.S.C. § 3624(e); Ross v. Thompson,
927 F.Supp. 956 (N.D.W.Va. 1996), aff’d, 105 F.3d 648 (4th Cir. 1997).
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.
The BOP is authorized to require inmates transferred to RRCs to pay a portion or all of the costs
of their confinement, and with few exceptions, all employed offenders confined in RRCs must
make payments toward their housing costs. See 18 U.S.C. § 3622 (c)(2). Funds collected are not
returned to the BOP, but are paid to the United States Treasury. Nevertheless, requiring such
payments is an effective means for the government to recover some of the costs of operating the
criminal justice system, and assists offenders to become responsible members of the community.
7. Inmate Financial Responsibility Program
To assist in the collection of court-ordered financial obligations, the BOP operates the Inmate
Financial Responsibility Program (IFRP) in conjunction with the Administrative Office of the
U.S. Courts. See Program Statement 5380.08, Financial Responsibility Program, Inmate.
All inmates with financial obligations including special assessments, restitution, fines and court
costs, state or local court obligations, and other federal obligations, are encouraged to work with
staff to develop an individual financial plan.
15

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 inmate’s earnings are applied to payment of that obligation.
Should the sentencing court intend for the inmate to begin immediate payment of financial
obligations at commitment through the IFRP, the court should precisely specify that intent.
The J&C should either specify that the financial obligation is “due immediately” or the J&C
should remain silent as to when due. In the latter case, 18 U.S.C. § 3572(d) requires
“immediate” payment.
Wording such as “payments to be made as directed by BOP staff” or “payments to be made in
installments as set by the IFRP” is ambiguous and may result in the defendant’s non-participation
in the IFRP. The relevant CLC attorneys offices can provide assistance in properly wording the
J&C to reflect the court’s intention.

V. POST-CONVICTION ISSUES
A. Designation to a Facility for Service of a Term of Imprisonment
1. Security Designation and Custody Classification
Following the imposition of a sentence of imprisonment, the BOP begins the process of
designating the defendant to a facility for service of the sentence. Title 18 U.S.C. § 3621
authorizes the BOP to designate where a prisoner will serve his or her sentence. The BOP retains
exclusive discretion to assign, or to transfer, any prisoner to any facility. See Classification of
Inmates, 28 C.F.R. pt. 524, and Program Statement 5100.08, Inmate Security Designation and
Custody Classification.
The DSCC is responsible for initial custody classification, designation, and an inmate’s
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

16

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 selfsurrender, 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 inmate’s 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 inmate’s 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 defendant’s 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.
2. Movement to the Institution
After an initial designation has been made, an inmate may be transported to the assigned facility
by the USMS, either by vehicle or contract carrier airline. The USMS also operates a fleet of
aircraft in conjunction with the Justice Prisoner and Alien Transportation System (JPATS).
Additionally, BOP ground transportation and support provide for economical and expeditious
movement of inmates.
On occasion, the court may order a defendant to voluntarily surrender at the facility to which he
or she is initially designated. The BOP draws a positive inference from the court's determination
that the defendant is sufficiently trustworthy to surrender voluntarily, and self-surrender will
favorably impact the inmate in terms of classification and designation decisions.

3. Interstate Agreement on Detainers
Many prisoners in BOP custody have detainers for unresolved criminal charges pending against
them in one or more jurisdictions. To facilitate programming designed for treatment and
17

rehabilitation, and to resolve pending matters, BOP joins with many states as a party to the
Interstate Agreement on Detainers (IAD). See 18 U.S.C. App. II; and Program Statement
5800.14, Inmate Systems Management Manual, Ch. 6. This agreement enables a jurisdiction
carrying an untried criminal indictment, information, or complaint, to secure temporary custody
of the inmate. Such proceedings may be initiated by the state or by the inmate. Program
Statement 5800.14 delineates the appropriate procedures for a jurisdiction to obtain custody of
an inmate with a detainer lodged by a member state.
4. Central Inmate Monitoring System
The BOP monitors and controls the transfer, temporary release on writ, and community activities
of certain inmates who present special management needs or security concerns. See Central
Inmate Monitoring System, 28 C.F.R.§ 524.70 et. seq.; Program Statement 5180.04, Central
Inmate Monitoring System. Central Inmate Monitoring (CIM) inmates require a higher level of
review which may include Central Office and/or Regional Office clearance for transfers,
temporary releases, or community activities. Monitoring does not preclude a CIM inmate from
such activities when the inmate is otherwise eligible, but contributes to the safe and orderly
operation of federal institutions and to the protection of the public.
Special measures are taken to protect at-risk inmates. Individuals who agree to cooperate with
law enforcement, judicial, or correctional authorities frequently place their lives or safety in
jeopardy by being a witness or intended witness against persons or groups involved in illegal
activities. While in custody, an offender may require separation from other inmates stemming
from such events that either preceded confinement, or occurred during incarceration.
Accordingly, procedures have been developed to help ensure the safety of these individuals.
An inmate may have a Separation assignment, or may be admitted to the Witness Security
program. If deemed necessary, such a classification may continue throughout the period of
incarceration.

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

C. Programs and General Services
Research has demonstrated that inmate participation in programs teaching marketable skills helps
to reduce recidivism rates. Additionally, institution misconduct can be significantly reduced
through programs emphasizing personal responsibility, respect, and tolerance of others.
18

Accordingly, the BOP offers inmates program opportunities to adopt positive social values and
life skills. Programs include working in prison industries and other job assignments, vocational
training, mock job fairs, drug treatment, faith-based residential programs, parenting skills, and
other programs described in greater detail below.
1. Education and Recreation Programs
The BOP is committed to providing inmates with opportunities to gain skills needed for
successful reentry to the community, within a secure environment.
Program Statement 5300.21, Education, Training, and Leisure Time Program Standards,
requires each institution to maintain an Education Department responsible for providing inmates
with literacy classes and other related educational programs. Every institution provides both
leisure and law library services. See Program Statement 1542.06, Library Services, Inmate.
Title 18 U.S.C. § 3624(f) mandates an education program for those federal prisoners who are not
functionally literate. Non-English speaking inmates are required to participate in an English as a
Second Language program until able to function in the English language at the eighth grade
level, pursuant to 18 U.S.C. § 3624(f)(4). With few exceptions, inmates lacking either a high
school diploma, or a General Educational Development credential (GED), are required to enroll
in an adult literacy program for a minimum of 240 hours. See 28 C.F.R. § 544.70. Should an
inmate prematurely end his or her participation prior to program completion, the inmate will lose
some Good Conduct Time potential if governed by that statutory provision. Upon completion of
the 240 hour course, an inmate may choose to end participation in adult literacy classes.
However, to encourage the inmate to participate in such programs until earning the GED,
incentive awards are available. Pursuant to 28 C.F.R. §§ 544.72 and 544.74, work pay is limited
for inmates who choose to discontinue program participation without obtaining a GED.
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
19

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 nonworking 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 institution’s 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.
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,

20

UNICOR (1) provides employment and industrial skills training to as many inmates as possible;
(2) produces market-priced, quality goods for federal government customers; (3) operates in a
self-sustaining manner; and (4) minimizes its impact on private business and labor.7
See 18 U.S.C. § 4122. UNICOR job wages currently range from 23 cents to $1.15 per hour.
Inmates may also earn bonus pay for outstanding work performance. See Program Statements
8120.01, Work Programs for Inmates, FPI; 8000.01, UNICOR Corporate Policy and Procedures.
5. Inmate Accident Compensation
Inmates are not federal employees and are not subject to the Fair Labor Standards Act or other
federal employee compensation laws. If an inmate is injured while performing an assigned duty,
he or she must immediately report the injury to the work supervisor. The work supervisor will
secure medical treatment for the inmate and file an injury report with the institution safety
manager. See Program Statement 1600.08, Occupational Health and Environment Safety
Manual. Pursuant to 18 U.S.C.§ 4126, and Inmate Accident Compensation , 28 C.F.R. pt. 301,
inmates may be compensated for injuries caused by the actual performance of their work
assignments in UNICOR or in other institution work assignments. The Inmate Accident
Compensation program is the exclusive remedy available to inmates who sustain work-related
injuries. Inmates may not recover damages for work-related injuries. See Federal Tort Claims
Act, 28 U.S.C.§ 2671, et seq.; United States v. Demko, 385 U.S. 149 (1966).
(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.

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 W ork 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 UNICOR’s
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 UNICOR’s 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.

21

(b) Compensation for Work-Related Physical Impairment or Death
No more than 45 days prior to the date of an inmate’s 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 inmate’s work-related death. See 28 C.F.R. §§ 301.302-303.
6. Female Offenders
Female inmates are not housed with male inmates. At various sites, female offender units may
share the campus at a largely male facility. However, all housing units and activities are
separate. Appropriate programs and services are provided to meet the physical, social, and
psychological needs of female offenders. Programming is in parity with that offered to male
inmates, tailored to be gender-responsive. See Program Statement 5200.01, Management of
Female Offenders.
The designation and classification system for female offenders acknowledges empirical evidence
that female offenders are less likely to be violent or attempt escape. Bedspace for female
offenders is available at varied security levels.
(a) Birth Control and Pregnancy
The BOP provides female inmates with medical and social services related to pregnancy, birth
control, child placement, and abortion. See Birth Control, Pregnancy, Child Placement and
Abortion, 28 C.F.R. pt. 551 and Program Statement 6070.05. Each inmate is medically screened
for pregnancy upon admission, and is instructed to inform medical staff should she suspect she
may be pregnant, so that pre-natal care may be immediately provided. Childbirth takes place at a
community hospital pursuant to 28 C.F.R. § 551.22(c). While placement of the child in the
community is the inmate’s responsibility, staff will assist the inmate and work closely with
community agencies to effect an appropriate arrangement.
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 inmate’s 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.
22

Prior to the birth, the mother must make arrangements for an appropriate custodian for the child.
An inmate is eligible to enter the program if she satisfies the general criteria for furlough
eligibility, and is in her final two months of pregnancy. See Program Statement 5280.08,
Furloughs.
(b) Abortion
In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court decided that a woman has a
fundamental right of privacy to choose to terminate her pregnancy. The Court has also made
clear, however, that the exercise of such a choice need not be carried out through the use of
federal funds. See Rust v. Sullivan, 500 U.S. 173 (1991).
Pursuant to 28 C.F.R. § 551.23 and Program Statement 6070.05, Birth Control, Pregnancy, Child
Placement, & Abortion, the Warden provides each pregnant inmate with medical, religious, and
social counseling to aid her in making the decision whether to carry the pregnancy to term or to
have an elective abortion. The BOP will assume all costs associated with the abortion procedure
only when the life of the mother would be endangered if the fetus is carried to term, or in the case
of rape. In all other cases non-BOP funds must be obtained to pay for any abortion procedure.
In all cases, however, whether the BOP pays for the abortion or not, the BOP may expend funds
to escort the inmate to a facility outside the institution to receive the procedure.
7. Substance Abuse Treatment
The Bureau of Prisons has committed considerable resources and staff to the treatment of
inmates with substance abuse problems, including abuse of drugs and alcohol. Each BOP
institution is staffed with one or more psychologists, a Drug Abuse Program Coordinator, and a
minimum of one Drug Abuse Treatment Specialist, to provide non-residential drug abuse
treatment and drug abuse education to its inmates. On admission to a BOP facility, a staff
psychologist reviews the inmate’s 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 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
23

to community release. Inmates in the residential program are housed together, to create a
treatment community. Treatment is provided for a minimum of 500 hours, over a 9 to12 month
period. Required RDAP components also include a transitional drug program, when the inmate
is returned to general population, and participation in community-based drug treatment, when the
inmate is released to an RRC. 8
8. Urine Surveillance Program
Illegal drug use compromises institutional security and threatens inmate and staff safety, and
the BOP maintains careful oversight to detect and deter inmate drug use. See Program Statement
6060.08, Urine Surveillance and Narcotic Identification. Urine screening is a major element of
the program. Inmates involved in community activities are routinely tested for the use of illegal
drugs, and inmates are tested based on individualized suspicion of drug use. In addition, a
random sample of the total inmate population at each institution is tested monthly. Any inmate
testing positive for unauthorized substances is subject to sanction, including the loss of early
release earned through successful RDAP completion. Any visitor or staff member found to be
introducing illegal drugs or other contraband into an institution is immediately subject to arrest.
See 18 U.S.C. §§ 1791, 3571, and Program Statement 5510.09, Searching and Detaining or
Arresting Persons Other than Inmates.
9. Medical Services
(a) Medical Services Available to Sentenced Offenders
Every institution maintains a Health Services Unit to provide medical, dental, and mental health
care. BOP policy regarding medical care and procedures for caring for inmates with medical
needs is set forth in Medical Services, 28 C.F.R. pt. 549 and Program Statement 6031.01,
Patient Care. Service is provided by a variety of health care professionals, including
psychiatrists, physicians, nurses, physician assistants, dieticians, dentists, and pharmacists.
BOP health care staff is augmented by assigned United States Public Health Service personnel.
Community medical professionals are consulted as needed, and inmates are sent to community
hospitals should medically necessary care be unavailable at the institution. See Program
Statement 6010.02, Health Services Administration.
In making determinations regarding the appropriate institution in which to house an offender, the
BOP carefully considers the offender’s health status. Because of the extensive medical services
the BOP provides, a defendant’s 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
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.

24

refer the case to the BOP’s 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 BOP’s 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.

25

(b) Medical Referral Centers
Medical, dental, and mental health services at each institution are provided according to the
CARE Level. Six BOP facilities are federal medical referral centers (FMCs), providing
specialized health services:
FMC Butner, North Carolina
Located north of Raleigh, FMC Butner is part of the Federal Correctional Complex
(FCC) and serves as a major medical and psychiatric referral center for male inmates.
FMC Butner has all specialty areas of medicine and it is the primary referral center for
oncology, providing chemotherapy and radiation therapy. FMC Butner also has the
ability to manage a broad range of subacute and chronically ill inmates. An orthopedic
surgery program is available for selected cases. Dialysis services are provided on-site.
FMC Carswell, Fort Worth, Texas
Located in Fort Worth in the northeast corner of the Naval Air Station, Joint Reserve
Base, FMC Carswell serves as the major medical and psychiatric referral center for
female inmates. All specialty areas of medicine are available at FMC Carswell, through
in-house staff and community-based consultant specialists. A Residential Drug Abuse
Treatment Program for women is available.
FMC Devens, Massachusetts
Located in central Massachusetts, northeast of Worcester, FMC Devens serves both
medical and mental health care needs of male inmates. All specialty areas of medicine
are available at FMC Devens, through in-house staff and community-based consultant
specialists. Additional services provided at FMC Devens include dialysis treatment for
inmates in end-stage renal failure. The University of Massachusetts provides renal
transplant services through a contract with FMC Devens, to inmates who are appropriate
candidates. A Residential Drug Abuse Treatment Program is available.
FMC Lexington, Kentucky
Located just north of Lexington, FMC Lexington treats male inmates. All specialty areas
of medicine are available at FMC Lexington, by in-house staff and community-based
consultant specialists. FMC Lexington serves as the primary referral center for inmates
with most types of leukemia and lymphoma. Outpatient forensic studies may be
performed at FMC Lexington; however, FMC Lexington does not have a psychiatric
mission and is not staffed with psychiatrists.

26

FMC Rochester, Minnesota
Located 80 miles southeast of Minneapolis, FMC Rochester serves as a major medical
and mental health referral center for male inmates. Most specialty and sub-specialty
consultations are available through the Mayo Clinic, and in other local facilities.
FMC Rochester is the primary referral center for inmates with end-stage liver disease and
advanced HIV infection, as well as other infectious diseases requiring long-term
management. FMC Rochester provides extensive psychiatric and psychology services,
including inpatient psychiatry services and forensic studies. Outpatient forensic studies
are not performed at FMC Rochester.
U.S. Medical Center for Federal Prisoners (USMCFP), Springfield, Missouri
Located in southwest Missouri, USMCFP Springfield is a major medical and psychiatric
referral center for male inmates. All specialty areas of medicine are available at
USMCFP Springfield, through in-house staff and community-based consultant
specialists. Springfield is the primary referral center for high security inmates. The
institution maintains extensive psychiatric and psychological services, to include inpatient
forensic studies. It is the major kidney dialysis center for the BOP, and contracts with the
University of Missouri to provide renal transplants to inmates with living-related donors.
(c) Voluntary Mental Health and Medical Treatment
In accordance with Program Statements 6031.01 Patient Care; 6340.04, Psychiatric Services;
and 5310.12, Psychology Services Manual, the health care mission of the BOP is to provide
appropriate and necessary medical, dental, and mental health services to inmates by professional
staff. As in the community, each individual inmate is responsible for self-care, and for seeking
medical services when necessary. Regardless of the CARE Level of the inmate, each inmate is
assigned to a Primary Care Provider Team designed to function in the same manner as a
community medical team practice. Whenever possible, the inmate will see the same medical
provider(s) for each appointment, ensuring continuity of care and economy of service.
Patient care is provided by appointment, scheduled in advance through request by the inmate, or
scheduled by the provider for follow-up examination. A nominal co-pay for inmate-initiated
medical visits is assessed to encourage responsible use of health care resources, but no inmate is
denied care because of inability to pay. See Program Statement 6031.02, Inmate Copayment
Program. Prescribed medications are given free of charge, in accordance with an established
National Formulary. Certain over-the-counter medications may be purchased in the inmate
commissary. Generally, inmates may keep prescribed medications within their possession.
Controlled medication is individually dispensed by medical staff.

27

(d) Managing Infectious Disease
Inmate education plays a large role in the BOP’s effort to prevent and manage infectious disease.
Inmates are provided information on a continuing basis to address disease prevention, both
within the institution and on release. The BOP has adopted a multi-faceted program of testing,
treatment, and education, and the rate of HIV and TB (tuberculosis) and other infectious diseases
in the inmate population does not significantly differ from that in the community. Inmates are
tested for HIV when clinically indicated. They are also tested for purposes of infectious disease
monitoring, and at the request of the inmate. While inmates with HIV are housed in the general
population, HIV-positive inmates who demonstrate predatory or promiscuous behavior may be
isolated in order to protect other inmates from becoming infected. The BOP also maintains an
active program to control and treat contagious TB disease. Each inmate is required to undergo
TB screening within two calendar days of initial incarceration. All inmates who are free from
prior TB infection are screened annually for newly-acquired TB infection, and when clinical staff
determine that the inmate may be at risk for infection. See Procedures for Handling of HIV
Positive Inmates Who Pose a Danger to Others, 28 C.F.R. pt. 541, subpt. E, and Program
Statement 6190.03, Infectious Disease Management.
10. Mental Health Counseling and Treatment Services
Inmates are offered a full range of mental health services, through staff psychologists and
psychiatrists, as well as through community mental health specialists. See Program Statements
5310.12, Psychology Services Manual; 6000.05, Health Services Manual; 6340.04, Psychiatric
Services; 5310.13, Mentally Ill Inmates, Institution Management of; and 6010.01, Psychiatric
Treatment and Medication, Administrative Safeguards for. Many inmates can be treated on an
outpatient basis. Inmates requiring in-patient treatment are referred to one of several psychiatric
referral centers: FMC Rochester; USMCFP Springfield; FMC Butner; FMC Devens; and
FMC Carswell for female inmates. Several important principles govern the care and treatment
of inmates who suffer from mental disease or defect. Psychiatric medication is used only for
a diagnosed psychiatric disorder for which such medication is the most appropriate treatment.
See 28 C.F.R. § 549.43(b); Program Statement 6010.01, Psychiatric Treatment and Medication,
Administrative Safeguards for. Psychiatric treatment is available on-site, through telemedicine
evaluation, or by community consultants.
Suicide prevention is a major concern at all institutions. Program Statement 5324.08,
Suicide Prevention Program, emphasizes staff training to alert staff to signs of those inmates who
may be contemplating suicide, and provides for comprehensive prevention programs.
Seclusion and medical restraints may be used solely for medical reasons, never for behavior
modification or punishment. Such measures may be used only in the most extreme situations,
and all restraint and seclusion orders must be renewed at least every 24 hours.

28

(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 inmate’s competency, the decision must by made by the trial
court); Administrative Safeguards for Psychiatric Treatment and Medication, 28 C.F.R. pt. 549,
subpt. C, and Program Statement 6010.01. This treatment is permissible after the inmate has
received notice and a hearing before an administrative panel.9 In a psychiatric emergency,
psychotropic medication may be administered involuntarily, if the medication is an appropriate
treatment for the mental illness, and other alternatives would not be effective. Inmates given
emergency treatment of this type will be considered for referral to a BOP psychiatric referral
center.
(b) Mental Health Programs
All institutions have available psychologists to provide inmates with counseling and other mental
health services. Psychologists facilitate ongoing counseling programs, conduct personal crisis
intervention, and are readily accessible to inmates as needed. Staff or contract psychiatrists are
available for individual consultation.
All inmates are screened by Psychology Services staff during the institution's Admission and
Orientation Program. Screening may include an individual interview. Psychologists are
available for individual and group counseling, and inmates interested in these services can submit
a request for participation to a staff member in Psychology Services. Mental health services are
offered to treat drug use and alcohol abuse, as well as other behavioral and emotional problems.
See Program Statement 5310.12, Psychology Services Manual. In addition, BOP staff in each
housing unit are available for informal counseling sessions and conduct formal group counseling
activities through Alcoholics Anonymous, anger management, and other groups. Inmate
participation in these activities is voluntary, and encouraged.
(c) Sex Offender Management and Treatment
The Bureau of Prisons maintains a comprehensive sex offender management strategy,
implemented to effectively manage its population of sex offenders, and manage the risks posed
by these offenders to the general public. With the passage of the Walsh Act, as codified in

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).

29

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 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 nonresidential 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 inmate’s sexual offending history,
the inmate’s disciplinary record, and the amount of time remaining on the inmate’s sentence.
The SOTP-R is a therapeutic community, housed in a 112-bed specialized unit. The program
employs a wide range of cognitive-behavioral and relapse prevention techniques to help the sex
offender manage his sexual deviance both within the institution and in preparation for release.
Ordinarily, participants complete the program in 12 to 18 months.
BOP assists the released sex offender with information regarding community treatment
programs available to them upon release from federal custody. See 18 U.S.C. § 4042(c), and
Program Statement 5141.02, Sex Offender Notification and Registration. In addition,
BOP informs state and local law enforcement agencies of the release of a sex offender, and
notifies the releasee of his legal obligation to register with the local authorities, as required by the
Sex Offender Registration and Notification Act, enacted as part of the Walsh Act.

D. Visiting, Telephones, and Correspondence
1. Visiting
Inmates are encouraged, throughout their incarceration, to maintain ties to their family and
friends in the community. Inmates are ordinarily permitted face-to-face visitation with approved
family and friends, and confidential visitation with attorneys. See Program Statement 5267.08,
Visiting Regulations. Conjugal visits are not permitted. Each institution schedules its own
visiting hours, and inmates receive this information during the orientation process so they can
advise family members and others how and when they may visit. Visitors should consult the
BOP website for individual institution visiting instructions and scheduled hours. Pretrial inmates
may receive visits in accordance with the local institution’s guidelines on visiting, however, staff

30

may allow a pretrial inmate special visits to protect the inmate’s 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 on security concerns, institutions may restrict visitation. An inmate’s 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 inmate’s 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 institution’s 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
31

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 were legitimately the inmate’s at the time of commitment. For example, an inmate
may correspond about refinancing an existing mortgage or sign insurance papers, but may not
operate a mortgage or insurance business while in the institution.
Inmates are permitted to receive commercial publications from the community. See Incoming
Publications, 28 C.F.R. pt. 540, subpt. F, and Program Statement 5266.10, Incoming
Publications. Inmates are permitted to subscribe to, or receive by mail, publications without
prior approval. The BOP has established procedures to determine if an incoming publication is
detrimental to the security, discipline, or good order of the institution, might facilitate criminal
activity, or is otherwise prohibited by law.

E. Inmate Discipline Procedure
Pursuant to 18 U.S.C. § 4042(a)(3), the BOP administers an inmate disciplinary process to
promote a safe and orderly environment for inmates and staff. After arriving at a BOP facility,
all inmates receive written notice of their rights and responsibilities, prohibited acts within the
institution, and the specifics of the disciplinary system.
Violation of a prohibited act carries sanctions corresponding to the severity of the offense.
Sanctions may include time in disciplinary segregation, loss of good time credits, loss of
privileges, and verbal warnings. See Prohibited acts and disciplinary severity scale,
28 C.F.R.§ 541.13; Program Statement 5270.07, Inmate Discipline and Special Housing Units.
Only institution staff may take disciplinary action against inmates. Corporal punishment, as well
as retaliatory and capricious disciplinary action, is not permitted under any circumstance.
Consistent with the minimum procedural protections required by Wolff v. McDonnell,
418 U.S. 539 (1974), the BOP disciplinary process requires that staff provide the inmate with
a written copy of the charges, and that the inmate is entitled to be present during the initial
hearing. In addition, the inmate is entitled to make a statement, to present documentary evidence
on his or her own behalf, and to have a staff representative at the hearing. See 28 C.F.R.
§ 541.14-19; and Program Statement 5270.07. The inmate may not be represented by an
attorney or outside representative. Inmates may appeal the decision of the Unit Discipline
Committee (UDC) or the Discipline Hearing Officer (DHO) through the Administrative Remedy
program. See 28 C.F.R. § 541.19 and Program Statement 1330.13, Administrative Remedy
Program.
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F. Inmate Access to Court
The BOP affords an inmate reasonable access to legal materials and to his or her attorney, and
reasonable opportunity to prepare legal documents. See Inmate Legal Activities, 28 C.F.R.
§ 543, subpt. B, and Program Statement 1315.07, Legal Activities, Inmate.
1. Law Libraries
All federal prisons maintain either electronic or print inmate law libraries. Legal materials
maintained in the inmate law libraries include federal court decisions, federal statutes, and a
number of other publications, as noted in Program Statement 1315.07. Inmates not physically
able to utilize the main law library (inmates in segregation status, or those with a medical
disability), are assisted by staff to access basic law library resources. In many cases, legal
resource materials may be available to inmates during evening and weekend hours. Inmates with
pending court deadlines may be given additional time to use the law library. An inmate may
solicit or purchase legal materials from outside the institution, pursuant to Program Statement
5266.10, Incoming Publications.
2. Preparation of Legal Documents
Inmates are permitted a reasonable amount of time, ordinarily when not participating in a
scheduled program or work assignment, to conduct their own legal research and to prepare legal
documents. See Inmate Legal Activities, 28 C.F.R. § 543, subpt. B, and Program Statement
1315.07. Inmates ordinarily have access to photocopying machines, typewriters, and office
supplies. For safety, security, and fire hazard reasons, inmates are limited in the amount of legal
materials they may possess. See Program Statements 5580.07, Personal Property, Inmate, and
1315.07. Inmates may generally assist each other in preparing legal documents, absent unique
security concerns. However, one inmate may not possess another inmate’s legal materials except
when assisting another inmate in the institution’s 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
33

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 MailOpen 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 sender’s
return address must reference an individual, not a firm, i.e., “John Doe, Attorney,”
not “Law Offices of Blauman & Blauman.” Incoming special mail is opened in the presence of
the inmate and is visually inspected for contraband. Staff may inspect incoming special mail to
determine that it qualifies as such, but may not otherwise review its content.
To reduce the likelihood that inmates will successfully send harmful materials to persons in the
community by exploiting the privacy afforded outgoing special mail, all outgoing special mail
from an inmate must be delivered directly to a staff member for further processing. Staff then
confirm that the inmate delivering the outgoing special mail to be sent out is the same inmate
reflected in the return address. Inmates may seal outgoing special mail, before submitting
directly to staff for further processing. All outgoing special mail is subject to scanning by
electronic means.
5. Unmonitored Legal Telephone Calls
Inmates may place unmonitored telephone calls to their attorneys. See Monitoring of inmate
telephone calls, 28 C.F.R. § 540.102, and Program Statement 5264.07, Telephone Regulations
for Inmates. To do so, inmates must specifically request staff assistance to first approve the call,
and then place the call on an unmonitored staff telephone. A pretrial inmate may telephone his
or her attorney as often as resources of the institution allow. See Access to Legal Resources,
28 C.F.R. § 551.117, and Program Statement 7331.04, Pretrial Inmates. To receive permission
to place an unmonitored attorney call, an inmate is ordinarily required to establish that
his or her communication with attorneys by other means is not adequate. The 300-minute per
calendar month limitation does not apply to unmonitored legal telephone calls. Inmate requests
for unmonitored attorney calls are carefully reviewed. Frequent unmonitored telephone calls
increase an inmate’s opportunity to pursue illegal activities without detection, and require an
inordinate amount of staff time.

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6. Inmate Involvement in Litigation While Incarcerated
(a) Depositions
Should an attorney wish to take an inmate’s 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. Attorney’s Office, in accordance with Production or Disclosure in Federal or State
Proceedings Release of Information, 28 C.F.R. pt. 16. Frequently, a request for documents may
be more efficiently handled through a Freedom of Information Act (FOIA) request, rather than by
subpoena. Consult the relevant Consolidated Legal Center for additional information.
(c) Inmate Civil Suits – Service of Process
The BOP will not accept service of process for an inmate. Anyone desiring to serve an inmate
may use a local process server, or otherwise follow local court procedures in the jurisdiction in
which the inmate is housed. Contact the local institution for specific information.
(d) Court Appearance of an Inmate
In accordance with Transfers, 28 C.F.R. pt. 527, subpt. D, and Program Statement 5875.12,
Transfer of Inmates to State Agents for Production on State Writs, the BOP will consider the
request of a state or local court for the transfer of an inmate to local physical custody pursuant to
a state writ of habeas corpus ad prosequendam (“ad pros”) or ad testificandum (“ad teste”).
Such transfer is at the discretion of the Warden. Transfers in civil cases pursuant to a writ ad
teste must be cleared through both the CLC counsel and the Warden. Transfers will be
recommended only if the case is substantial, where testimony cannot be obtained through
alternative means such as depositions or interrogatories, and where security arrangements permit.

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

G. Administrative Remedy Program
The Administrative Remedy Program provides every inmate the opportunity to seek formal
review of a grievance concerning virtually any aspect of his or her confinement, should informal
procedures not achieve resolution. See Administrative Remedy, 28 C.F.R. pt. 542, and Program
Statement 1330.13, Administrative Remedy Program. This program applies to all inmates
confined in institutions operated by the BOP, inmates designated to contract RRCs, and to former
inmates for issues which arose during confinement. Inmates are obligated to attempt informal
resolution of grievances prior to filing a formal request for administrative remedy. Once a formal
request is filed at the institution level (“BP-9"), the Warden of that facility has 20 days to
investigate and provide the inmate a written response. If the inmate is dissatisfied with the
Warden’s 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 Director’s response, he or she has 30 days to file a 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 Administrator’s response, the inmate has exhausted the BOP’s 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 inmate’s 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
36

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 agency’s 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.

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.

37

I. Special Administrative Measures
1. National Security Cases, 28 C.F.R. § 501.2
Under § 501.2, upon direction of the Attorney General, the Director may authorize the Warden to
implement Special Administrative Measures (SAMs) that are reasonably necessary to prevent
disclosure of classified information that would pose a threat to the national security if the inmate
disclosed such information. SAMs include, but are not limited to, placing an inmate in
administrative detention and restricting social visits, mail privileges, phone calls, access to other
inmates and to the media.
Section 501.2 authorizes the Director, upon direction of the Attorney General, to determine the
period of time an initial SAM is imposed, up to one year. The Director may also extend the
SAM in increments of time not to exceed one year, if the Attorney General receives certification
from the intelligence community that there is a danger that the inmate will disclose classified
information and that the unauthorized disclosure would pose a threat to the national security.
2. Prevention of Acts of Violence and Terrorism, 28 C.F.R. § 501.3
Under § 501.3, upon direction of the Attorney General, the Director may authorize the Warden to
implement SAMs that are reasonably necessary to protect persons against the risk of death or
serious bodily injury. These procedures may be implemented when there is a substantial risk that
an inmate’s 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 inmate’s communications or contacts with other 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.

J. Family Emergencies and Temporary Releases
In limited circumstances, temporary release from the prison facility may be obtained through an
approved furlough or an escorted trip. See Community Programs, 28 C.F.R. pt. 570, Furloughs,
subpt. C; Escorted Trips, subpt. 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 offender’s criminal
history, security designation, and custody classification.

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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 (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. An inmate may appeal denial of an escorted trip application through
the Administrative Remedy Program.

K. Release
1. Early Release from Prison
(a) Executive Clemency
The United States Constitution, Article II, Sec. 2, gives the President authority to issue pardons,
commute sentences, remit fines, and grant reprieves to any person convicted of a federal crime.
39

The U.S. Pardon Attorney ordinarily reviews all petitions for Executive Clemency, undertakes
the necessary investigation, and prepares a recommendation for the President.
To expedite the Pardon Attorney’s consideration of an inmate’s petition for commutation of
sentence, a federal inmate seeking commutation must send the petition through the Warden to the
Pardon Attorney. An inmate may request the appropriate forms and instructions for filing a
petition for commutation of sentence from the inmate’s case manager at the institution. On
request from the Pardon Attorney, the Director will forward a recommendation on the inmate’s
petition. Staff may not refuse to process an inmate’s petition for commutation of sentence, even
when it appears that the inmate is not eligible. See Executive Clemency, 28 C.F.R. pt. 1;
Release from Custody, 28 C.F.R. pt. 571, Petition for Commutation of Sentence; subpt. E;
and Program Statement 1330.15, Commutation of Sentence, Petition for. Inmates seeking a
pardon (rather than commutation of sentence) must wait at least five years after their release from
confinement, or, if no confinement was imposed, five years after the date of conviction. No
petition will be accepted from a person on probation, parole, or supervised release.
(b) Reduction in Sentence
Title 18 U.S.C. § 3582(c)(A)(i) authorizes the sentencing court to reduce an inmate’s 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, subpt. 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).
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 inmate’s sentence, the amount of time
served, and the inmate’s 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.

40

2. Parole
Many inmates sentenced to a term of imprisonment of more than one year for offenses
committed before November 1, 1987, are eligible to be released on parole. See 18 U.S.C.
§ 4205; and 28 C.F.R., pt. 2, Parole, Release, Supervision and Recommitment of Prisoners,
Youth Offenders, and Juvenile Delinquents. Generally, inmates must complete one-third of the
term imposed or some other court-imposed minimum term before becoming eligible for parole.
See Eligibility for parole; adult sentences, 28 C.F.R. § 2.2 and Program Statements 5800.14,
Inmate Systems Management Manual; 5880.30, Sentence Computation Manual/Old Law/Pre
CCCA 1984.
A federal inmate seeking parole must apply for parole to the United States Parole Commission.
At least 60 days prior to the initial parole hearing, the inmate is notified of the time and place of
the hearing and of the right to review all documentation to be considered by the Parole
Commission. See 28 C.F.R. § 2.11(e).
3. Community Confinement in Preparation for Release
Pursuant to 18 U.S.C. § 3624(c) most inmates nearing release or parole from a federal institution
will be housed at an RRC for transitional services during the final portion of their sentence.
Such placement assists the offender in finding a job, locating a place to live, and re-establishing
family ties.
RRCs are operated by a number of social service agencies and private companies under contract
to the BOP. RRCs offer a broad spectrum of pre-release programs for community confinement
of federal offenders. To oversee these services, the BOP maintains a network of Community
Corrections Management offices (CCMs) in major cities throughout the country. See Program
Statement 7300.09, Community Corrections Manual.
While the RRCs are closely monitored by BOP staff, the RRC contractor is responsible for all
aspects of the inmate’s 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
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).

41

4. Home Confinement
Home confinement provides an opportunity for offenders to assume increasing levels of
responsibility while at the same time providing sufficient restrictions to promote community
safety and convey the sanctioning value of the sentence. See Program Statement 7320.01, Home
Confinement. Title 18 U.S.C. § 3621 requires the BOP to designate any penal or correctional
facility as the place of a prisoner’s confinement, accordingly, an inmate will not be designated to
home confinement at the beginning of his or her sentence. Home confinement may be
considered for an eligible inmate nearing the end of his or her sentence, and is an option for
offenders who no longer require the structure of a halfway house. The offender remains at his or
her residence during non-working hours, and may be monitored by telephonic or electronic
signaling devices. See 18 U.S.C. § 3563(b)(19). Inmates may participate in home confinement
only during the last 10% of their sentences or 6 months, whichever is less. See 18 U.S.C.
§ 3624(c) and 28 C.F.R. §§ 570.20-21.
The Bureau of Prisons uses two different methods to monitor inmates on home confinement.
The first requires the RRC to track the inmate's whereabouts and curfew compliance through
daily telephone contacts and periodic personal contacts at the home and workplace. The inmate
must also report to the RRC on a scheduled basis for counseling and program updates.
The second method involves electronic monitoring. Many RRCs utilize such electronic
monitoring technology, usually involving the use of an ankle bracelet signaling a computerdriven receiving and recording device to detect an inmate’s location.

L. Notification to Community of the Release of an Offender
Title 18 U.S.C. § 4042(b) requires that the BOP notify state and local law enforcement officials
at least five calendar days prior to the release of an inmate to supervised release, probation, or
parole, who has been convicted of a “drug trafficking crime” or a “crime of violence.” Prisoners
released under the protection of the Witness Protection Program may be exempt from this
provision. This requirement applies to all inmates whose current offense of conviction, or whose
criminal history as determined by staff, includes such a conviction. For those inmates confined
in an RRC, such notification is made at least two weeks prior to the inmate’s 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
offender’s name, criminal history, final release date to supervised release, probation or parole,
the offender’s 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 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
42

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 inmate’s 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 General’s
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 inmate’s 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 inmate’s 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.

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

43

APPENDIX A: Summary Table
Application of Title 18 U.S.C. Chapter 313; Offenders with Mental Disease or Defect
Statutory Section

Role of the Attorney General

Role of State/Local
Government or Agencies

PRETRIAL

PRETRIAL

PRETRIAL

§ 4241(a) –
Motion for examination to
determine defendant’s
competency to stand trial.

The defendant may be committed for a
reasonable period (not to exceed 30 days)
for examination; the court may approve a
15-day extension.
The examination will be conducted at the
nearest suitable facility to the criminal court,
if practicable.

§ 4241(d) –
Determination whether the
defendant will attain
competency.

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

§ 4242 –
Motion for examination of
a defendant who intends to
rely on the defense of
insanity.

The defendant may be committed for a
reasonable period (not to exceed 45 days)
for examination; the court may approve a
30-day extension.
The examination will be conducted at the
nearest suitable facility to the criminal court,
if practicable.

44

The court may permit a psychiatrist
or psychologist in the community to
conduct the examination. This is
particularly appropriate if the
defendant is on bond.
The BOP will not cover the cost of
an examination conducted in the
community.

The court may permit a psychiatrist
or psychologist in the community to
conduct the examination. This
method is particularly useful if the
defendant is out on bond.
The BOP will not cover the cost of
an examination conducted in the
community.

Statutory Section

Role of the Attorney General

Role of State/Local
Government or Agencies

POST-TRIAL

POST-TRIAL

POST-TRIAL

§ 4243(a) –
Hospitalization of a
person found not
guilty only by reason
of insanity.

The acquittee must be committed to a suitable
facility for examination for a reasonable period
not to exceed 45 days (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.

The Attorney General may seek civil
commitment under State law. See
18 U.S.C. § 4247(i)(B).

§ 4243(e) –
Civil commitment
should the court
determine that
releasing the
acquittee would
create substantial risk
of bodily injury to
others, or serious
damage to the
property of another.

The acquittee shall be committed to the custody
of the Attorney General.

The State may agree to assume
responsibility for care and treatment
of the acquittee; this includes
assuming all financial responsibility.

The acquittee will remain hospitalized until the
Attorney General is able to arrange for release
to the State where the acquittee was domiciled
(or tried) for treatment and care, or until the
acquittee's condition has improved such that
release would no longer pose a risk of bodily
injury to others, or serious damage to the
property of another.

The director of the facility shall file
annual reports with the court
regarding the acquittee's condition.
See 18 U.S.C. § 4247(e).

The director of the facility shall file annual
reports regarding the acquittee's condition.
See 18 U.S.C. § 4247(e).
§ 4243(f) Certification for
discharge should the
director of the
facility determine
that the acquittee
may be released.

The director of the facility must file with the
court a certificate stating that the acquittee has
recovered such that release, conditionally or
unconditionally, would no longer create a
substantial risk of bodily injury to others, or
serious damage to the property of another.

The director of the facility must file
with the court a certificate stating that
the acquittee is ready to be released.

The acquittee may not be released without
court order.
§ 4244(a) –
Motion to determine
whether the
convicted person is
suffering from mental
disease or defect and
requires treatment
prior to sentencing.

The defendant may be committed for a
reasonable period (not to exceed 30 days) for
examination; the court may approve a 15-day
extension.

The court may permit a psychiatrist or
psychologist in the community to
conduct the examination.
The BOP will not cover the cost of an
examination conducted in the
community.

45

Statutory Section

Role of the Attorney General

Role of State/Local
Government or Agencies

POST-TRIAL

POST-TRIAL

POST-TRIAL

§ 4244(d) –
Civil commitment
of a convicted
defendant who is
suffering from mental
disease or defect and
requires treatment
prior to sentencing.

The defendant shall be committed for
hospitalization in a suitable facility under a
provisional sentence.
The director of the facility must file annual
reports regarding the defendant’s condition.
See 18 U.S.C. § 4247(e).
W hen the defendant no longer suffers from a
disease or defect, the director shall file a
certificate with the court; the court may modify
the provisional sentence.

§ 4245(a) –
Motion to determine
whether a sentenced
person is suffering
from a mental disease
or defect and needs
mental health
treatment.

The defendant may be committed for a
reasonable time (not to exceed 30 days) for
examination; the court may approve a 15-day
extension.

§ 4245(d) Commitment of a
person who is
presently suffering
from a mental disease
or defect for the
treatment of which he
is in need of custody
for care or treatment
in a suitable facility.

The defendant shall be committed to the
custody of the Attorney General for
hospitalization until the offender is no longer in
need of custody or until the expiration of the
sentence of imprisonment, whichever occurs
earlier.

§ 4246(a) Certification of an
inmate who is due for
release but continues
to suffer from mental
disease or defect,
and as a result,
is dangerous.

The director of the facility may file a certificate
with the court if, because of the person’s mental
condition, his or her release would create a
substantial risk of bodily injury to others or
serious damage to property of another.

The examination will be conducted at the
nearest suitable facility to the court, if
practicable.

46

Statutory Section

Role of the Attorney General

Role of State/Local
Government or Agencies

POST-TRIAL

POST-TRIAL

POST-TRIAL

§ 4246(d) –
Civil commitment of
an inmate who
cannot be released
because a mental
condition creates risk
of harm to others.

The inmate shall be committed until the State
will assume responsibility for the inmate or the
person's condition improves such that release
would not create a substantial risk of bodily
injury to another or serious damage to property
of another.

The State may agree to assume
responsibility for the care and
treatment of the person.
The Attorney General may seek civil
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 –
Civil commitment of
a sexually dangerous
person.

The Bureau of Prisons may certify to the court
that the person is a sexually dangerous person.
The court shall order a hearing to make that
determination.
If after the hearing, the court finds by clear and
convincing evidence that the person is sexually
dangerous, the court shall commit the person to
the custody of the Attorney General.
The Attorney General shall try to make
arrangements for the State to assume
responsibility for the committee’s care and
treatment.

47

The State may agree to assume
responsibility for the care and
treatment of the person.

APPENDIX B
Phone and Address List for Regional Counsels

M id-Atlantic Region - M ARO:

North Central Region - NCRO:

South Central Region - SCRO:

Michelle Fuseyam ore, Regional
Counsel
Phone: 301-317-3113
Fax: 301-317-3132
Matthew Mellady, Deputy Regional
Counsel
Phone: 301-317-3120
Fax: 301-317-3132
Mid-Atlantic Regional Office
302 Sentinel Drive, Suite 200
Annapolis Junction, MD 20701

Richard W . Schott, Regional Counsel
Phone: 913-551-1004
Fax: 913-551-1107
Richard W inter, Deputy Regional
Counsel
Phone: 913-551-1006
Fax: 913-551-1107
North Central Regional Office
Gateway Com plex Tower II, Suite 800
400 State Avenue
Kansas City, KS 66101

Jason Sickler, Regional Counsel
Phone: 214-224-3410
Fax: 214-224-3352
Michael Frazier, Deputy Regional
Counsel
Phone: 214-224-3411
Fax: 214-224-3352
South Central Regional Office
4211 Cedar Springs Road, Suite 300
Dallas, TX 75219

Northeast Region - NERO:

W estern Region - W XRO:

Southeast Region - SERO:

Henry J. Sadowski, Regional Counsel
Phone: 215-521-7375
Fax: 215-521-7483
Michael Tafelski, Deputy Regional
Counsel
Phone: 215-521-7376
Fax: 215-521-7483
Northeast Regional Office
U.S. Custom House - 7th Floor
2nd and Chestnut Streets
Philadelphia, PA 19106

Harlan Penn, Regional Counsel
Phone: 925-803-4723
Fax: 925-803-4818
Dennis W ong, Deputy Regional
Counsel
Phone: 925-803-4760
Fax: 925-803-4818
W estern Regional Office
7950 Dublin Blvd., 3rd Floor
Dublin, CA 94568

Lisa Sunderm an, Regional Counsel
Phone: 678-686-1260
Fax: 678-686-1299
Craig Sim m ons, Deputy Regional
Counsel
Phone: 678-686-1281
Fax: 678-686-1299
Southeast Regional Office
3800 Cam p Creek Parkway, SW
Building 2000
Atlanta, GA 30331-6226

48

Consolidated Legal Centers
! = CLC LEADER

* = NOT ACTIVATED

M ARO

NERO

NCRO

W XRO

! Matthew Mellady
301-317-3120

! Michael Tafelski
215-521-7376

! Richard Winter
913-551-1006

! Dennis Wong
925-803-4723

! Michael Frazier
214-224-3411

! Craig Simmons
678-686-1281

FCI Cumberland, MD
FCI Morgantown, WV
FCI Memphis, TN
USP Hazelton, WV
*USP Ohio County,
WV

FDC Philadelphia ,PA
FCI Fort Dix, NJ
FCI Fairton, NJ
FCI McKean, PA
FCI Elkton, OH
FCI Loretto, PA
ContractYoungstown, OH

USP Leavenworth,KS
MCFP Springfield,MO
FPC Yankton, SD

FCI Dublin, CA
MCC San Diego
Contract-TCI Taft, CA
Contract-CA City, CA
USP Atwater, CA
FDC Honolulu, HI
FCI, Herlong, CA

FCI Ft. Worth, TX
FMC Carswell, TX
FCI La Tuna, TX
FSL La Tuna, TX
FCI Big Spring, TX
FCI Seagoville, TX
Contract-Big Spring,
TX
Contract-Eden, TX
Contract-Milan, NM
Contract-Post, TX
Contract-Pecos, TX

USP Atlanta, GA
FCC Yazoo City, MS
FCI Talladega, AL
FPC Montgomery, AL
FCI Jesup, GA
MDC Guaynabo, PR
Contract-McCrae, GA

FM C Lexington

M CC New York

FM C Rochester

FCI Phoenix

FDC Houston

FCC Coleman

! Joseph Tang
859-255-6812x5110

! Rina Desai
646-836-6455

! Dennis Bitz
507-287-0674x445

! Matthew Carney
623-465-5120

! Eric Hammonds
713-229-4104

! Jeffrey Campbell
352-689-3020

FMC Lexington, KY
FCI Ashland, KY
FCI Manchester, KY
USP Big Sandy, KY
USP McCreary, KY

MCC New York, NY
MDC Brooklyn, NY
FCI Otisville, NY

FMC Rochester, MN
FPC Duluth, MN
FCI Sandstone, MN
FCI Waseca, MN

FCI Phoenix, AZ
FCC Tucson, AZ
FCI Safford, AZ

FCI Bastrop, TX
FCI Three Rivers, TX
FDC Houston, TX
USP Pollock, LA
*FCI Pollock, LA
FCC Oakdale, LA

FCC Coleman, FL

FCI Beckley

FCC Allenwood

St. Louis, M O

FCC Beaumont

FDC M iami

! Debbie Stevens
304-252-9758x4105

! Lori Cunningham
570-523-1251

! Paul Pepper
314-539-2382

M DC Los
Angeles
! Eliezer Ben-Shmuel
213-253-9570

! Gerard Rawls
409-727-8187

! Richard DeAguiar
305-982-1273

FCI Beckley, WV
FPC Alderson, WV
USP Lee County, VA
*USP McDowell, WV
FCI Gilmer, WV

FCC Allenwood, PA
USP Lewisburg, PA
FCI Schuylkill, PA
USP Canaan, PA
Contract-Phillipsburg,
PA

MCC Chicago, IL
FCI Oxford, WI
FCI Pekin, IL
USP Marion, IL
FCI Greenville, IL
FCI Terre Haute, IN
USP Terre Haute, IN
FCI Milan, MI

MDC Los Angeles,
CA
FCC Lompoc, CA
FCI Terminal Island,
CA
FCC Victorville, CA

FCC Beaumont, TX
FPC Bryan, TX

FDC Miami, FL
FCI Miami, FL
FCI Tallahassee, FL
FCI Marianna, FL
FPC Pensacola, FL

FM C Butner

FM C Devens

FCC Florence

FDC Seatac

FCI Edgefield

! Michael
Bredenberg
919-575-3900x6078

! Les Owen
978-796-1043

! Chris Synsvoll
719-784-5216

! Theresa Talplacido
206-870-1062

FTC Oklahom a
City

FCI Danbury, CT
FCI Ray Brook, NY
FMC Devens, MA

FCC Florence, CO
FCI Englewood, CO

FDC Seatac, WA
FCI Sheridan, OR

FCC Butner, NC
FCI Petersburg, VA
FCI Petersburg, VA
Contract-Winton, NC

49

SCRO/Dallas

SERO

! J. D. Crook
405-680-4004

! Tami Rippon
803-637-1307

FTC Oklahoma City,
OK
FCC Forrest City, AR
FCI Texarkana, TX
FCI El Reno, OK

FCI Edgefield, SC
FCI Estill, SC
FCI Williamsburg, SC
FCI Bennettsville, SC

APPENDIX C: Relevant Acronyms and Abbreviations
A&O
AOUSC
APA
BOP
CCC
CCM
CMP
CIMS
COIF
CRP
CSC
D.C.
DOJ
DHO
DSCC
ESL
FCC
FCI
FM C
FOIA
FPC
FPI
FTC
GCT
GED
HHS
IAC
IAD
ICC
ICE
IFRP
ISM
J&C
JCAHO
JJDPA
JPATS
MARO
MCFP
MCC
MDC
MINT
NERO
NCRO
OMDT
PSF
PSR
PLRA
RDAP
RIS
RRC
SAM
SDP
SCRO
SERO
SGT
SOR
SORC
SOMP
SOTP

Admission and Orientation
Administrative Office of the U.S. Courts
Administrative Procedures Act
Federal Bureau of Prisons
Community Corrections Center
Community Corrections Manager
Correctional Management Plan
Central Inmate Monitoring System
Cost of Incarceration Fee
Certification Review Panel
Comprehensive Sanctions Center
District of Columbia
United States Department of Justice
Discipline Hearing Officer
Designation and Sentence Computation Center
English as a Second Language
Federal Correctional Complex
Federal Correctional Institution
Federal Medical Center
Freedom of Information Act
Federal Prison Camp
Federal Prison Industries
Federal Transfer Center
Good Conduct Time
General Educational Development
Health and Human Services
Inmate Accident Compensation
Interstate Agreement on Detainers
Intensive Confinement Center
U.S. Immigration and Customs Enforcement
Inmate Financial Responsibility Program
Inmate Systems Management
Judgment and Commitment Order
Joint Commission on the Accreditation of Healthcare Organizations
Federal Juvenile Justice and Delinquency Prevention Act
Justice Prisoner and Alien Transportation System
Mid-Atlantic Regional Office, Bureau of Prisons
Medical Center for Federal Prisoners
Metropolitan Correctional Center
Metropolitan Detention Center
Mothers and Infants Together
Northeast Region, Bureau of Prisons
North Central Region, Bureau of Prisons
Office of Medical Designations and Transportation
Public Safety Factor
Presentence Report
Prison Litigation Reform Act of 1995
Residential Drug Abuse Program
Reduction in Sentence
Residential Reentry Center
Special Administrative Measure
Sexually Dangerous Person
South Central Region, Bureau of Prisons
Southeast Region, Bureau of Prisons
Statutory Good Time
Statement of Reasons
Sex Offender Release Coordinator
Sex Offender Management Program
Sex Offender Treatment Program

50

UDC
UNICOR
USSG
USM S
USP
USPO
VCCLEA
W XRO

Unit Discipline Committee
Federal Prison Industries tradename
United States Sentencing Guidelines
United States Marshals Service
United States Penitentiary
United States Probation Office
Violent Crime Control and Law Enforcement Act of 1994
W estern Region, Bureau of Prisons

51

 

 

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