9-24.100
Procedures for Requesting Special Confinement Conditions for Bureau
of Prisons Inmates Whose Communications Pose a Substantial Risk of Death or
Serious Bodily Injury to Persons
Pursuant to 28 C.F.R. § 501.3, which became effective
on May 17, 1996, the Attorney General may authorize the Director of
the Bureau of Prisons (BOP) to implement "special administrative
measures" upon written notification to BOP "that there is a
substantial risk that a prisoner'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." The regulation provides
that such notification to BOP may be provided by the Attorney
General, "or, at the Attorney General's direction by the head of a
federal law enforcement agency, or the head of a member agency of
the United States intelligence community." These special
administrative measures ordinarily may be imposed "may include
housing the inmate in administrative detention and/or limiting
certain privileges, including, but not limited to, correspondence,
visiting, interviews with representatives of the news media, and
use of the telephone, as is reasonably necessary to protect persons
against the risk of acts of violence or terrorism."
Although 28 C.F.R. § 501.3(a) allows
notification to BOP by the Attorney General, or at the
Attorney General's discretion, by the head of a federal law
enforcement agency, or the head of a member agency of the
intelligence community, that an inmate's ability to communicate
with other persons may create a substantial risk of death or
serious bodily injury, only the Attorney General is authorized to
direct the BOP to implement the special administrative
measures with respect to an inmate. Accordingly, the following
measure will apply whenever a federal law enforcement agency, which
for these purposes includes a United States Attorney's Office, or
a member agency of the intelligence community (hereafter
"requesting entity") believes that special confinement conditions
are necessary to prevent an inmate from inciting or ordering
persons (whether inside or outside a BOP facility) to commit crimes
that entail the risk of death or serious bodily injury or
substantial damage to property that would entail the risk of death
or serious bodily injury to persons.
- The requesting entity will submit a letter or
memorandum to the Attorney General setting forth the request which
must include:
- A full and complete statement of the inmate's background
and proclivity for violence or for ordering or inciting crimes of
violence.
- A discussion of why special measures should be
implemented.
- A description of what special measures (e.g., no visitors
except attorneys, no contact with the news media) should be imposed
with a justification for each.
- The requesting agency's correspondence to the Attorney General
will be sent to the Director's Office of Enforcement Operations
(OEO) in the Criminal Division for processing.
- OEO will obtain from BOP, in writing if necessary, a summary
of the inmate's current confinement conditions (e.g., a statement
that the inmate is already in segregation for violation of BOP
rules), any special needs of the inmate (e.g., special medical or
religious requirements), and other information necessary to
indicate clearly to the Attorney General how the inmate's
confinement conditions would be altered by the imposition of the
requested special administrative conditions.
- If the requesting agency is a U.S. Attorney's Office, OEO will
obtain from the FBI or other involved law enforcement agency a
statement of concurrence with or objection to the proposed special
administrative measures. To facilitate the FBI's response, a U.S.
Attorney's Office submitting a request for special confinement
conditions should contact FBI field personnel likely to be familiar
with the inmate to inform them of the pending request and to allow
them to discuss the request with FBI headquarters.
- OEO will prepare a decision memorandum from the Criminal
Division to the Attorney General discussing the requesting entity's
request for special administrative measures with a recommendation
of action to be taken by the Attorney General.
- In instances in which the Criminal Division recommends that
the Attorney General direct BOP to impose special administrative
measures, the Criminal Division will prepare a memorandum from the
Attorney General to the BOP setting out the measures to be
implemented and the notification to be given the inmate. The inmate
shall be notified of all special conditions and the basis therefor
at the time they are imposed. However, the regulation provides, in
part 501(3)(b), that the reasons for imposing the special
conditions "may be limited in the interest of prison security or
safety or to protect against acts of violence or
terrorism."
9-24.200
Renewals
Section 501.3(c) provides that placement of the inmate in
administrative detention or any limitation of privileges in
accordance with the section may be imposed for up to a maximum of
120 days, but may be successively renewed in 120 day increments.
Requests for renewal will be handled similarly to initial requests,
i.e., the requesting entity will prepare a memorandum for the
Attorney General referencing the earlier request and the Attorney
General's decision to impose special conditions; the memorandum
should state whether the circumstances identified in the last
request to the Attorney General for special administrative measures
have changed and, if so, what changes are recommended either to
tighten up or loosen the restrictions; the memorandum will be
referred to OEO; and OEO will prepare a recommendation to the
Attorney General and any required instructions from the Attorney
General to BOP. Requests for renewal should be submitted to the OEO
at least 30 days prior to the expiration date of any
previously imposed special conditions to allow the Criminal
Division sufficient time to prepare another decision memorandum for
the Attorney General and for the Attorney General's review.
9-24.300
Disclosure of Classified Information28 C.F.R.
§ 501.2
Although the provisions of this section, which allows the BOP
to implement special administrative measures reasonably necessary
to prevent disclosure of classified information by an inmate
(typically a convicted spy or a person awaiting trial on a charge
of espionage or similar offense), are similar to those in 28 C.F.R.
§ 501.3, classified information cases are less
susceptible of uniform processing. Moreover, special measures to
prevent the disclosure of classified information may only be
implemented upon written certification to the Attorney General by
the head of a member agency of the United States intelligence
community that the unauthorized disclosure of such information
would pose a threat to the national security, and that there is a
danger that the inmate will disclose such information. When a
member agency of the intelligence community wishes to request
special administrative measures with respect to an inmate to
prevent the disclosure of classified information, the agency should
contact the Executive Office for National Security for instructions
on how to proceed.
9-24.400
Effect of BOP Policy
Conditions of confinement for all persons in BOP custody are
set in accordance with various BOP policies. Any additional
restrictions imposed pursuant to 28 C.F.R. § 501.3 will
not affect the implementation of BOP policies unless specifically
set forth in the memorandum from the Attorney General directing the
implementation of special administrative measures. The Bureau of
Prisons will continue to have authority to take any other measures
with respect to an inmate subject to special administrative
measures deemed necessary to maintain the order, safety, security,
and discipline of any BOP institution.
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