EFTA00223633
EFTA00223638 DataSet-9
EFTA00223689

EFTA00223638.pdf

DataSet-9 51 pages 15,832 words document
P17 D6 V16 P18 V11
Open PDF directly ↗ View extracted text
👁 1 💬 0
📄 Extracted Text (15,832 words)
BOP: Designations Page 1 of 1 FEDERAL AN AGENCY OF THE U.S. Derurrsarti Or JurriCe BUREAU OF PRISONS messy., VAT PRISON ' r -ok .CYi DOONZ WCws AvoU. I~.vniOP R a citgri es ri N5 M.AI e.tS FOAM fa. INCISOR/CPO% Site Map • RUNINISRS - . .. . Designations Inmate Matters Designations After an inmate is sentenced in a Federal district court, the Bureau of Prisons is responsible for determining Education where the inmate will be designated for service of his/her sentence. Proaram Statement 5100.08 Inmate Employing Ex-Offenders Security Designation and Custody Classification, is used to make designation decisions. Female Offenders Inmates are designated/redesignated to institutions based on: Inmate Money Inmate Skills • the level of security and staff supervision the inmate requires, Juveniles • the level of security and staff supervision the institution provides, Medical Care • the medical classification care level of the inmate and the care level of the institution, Mental Health • the inmate's program needs (e.g., substance abuse treatment, educationaVvocational training, Personal Property individual and/or group counseling, medical/mental health treatment), and Release Preparation • various administrative factors (e.g., institution bedspace capacity; the inmate's release residence; Religious Programs judicial recommendations; separation needs; and security measures needed to ensure protection of Sentence Computations victims, witnesses, and the general public). Substance Abuse Treatment Note: Although general questions about the designation process can be answered over the phone, information Temporary Release about a particular inmate's designation is not public information. The release of such information can only be UNICOR obtained by submitting a written request with an original authorization form signed by the inmate. If you are a VictiMPAritness Notification law enforcement agency, please mail or fax your request on your official letterhead, or submit your scanned Program official request via e-mail. Without proper documentation, your request cannot be processed. Visiting, Telephones & Correspondence The Bureau's classification and designation function is centralized at the Designation and Sentence Work Programs Computation Center (DSCC) located at the Grand Prairie Office Complex. a Printer Friendly Version Home I About I Inmate Locator I Prison Facilities I Careers Inmate Matters I Policy / Forms I Doing Business I News / Information Accessibility I Browser Requirements I Disclaimer I Privacy Policy I Search I Site Map httn://www.bonsov/inniate orostrarns/desienations.iso 9/19/2007 EFTA00223638 P5100.08 9/12/2006 Chapter 1, Page 1 INTRODUCTION Bureau of Prisons (BOP) institutions are classified into one of five security levels: MINIMUM, LOW, MEDIUM, HIGH, and ADMINISTRATIVE based on the level of security and staff supervision the institution is able to provide. An institution's level of security and staff supervision is based on the following factors: • mobile patrol; • internal security; • towers; • type of inmate housing; • perimeter barriers; • inmate-to-staff ratio; and, • detection devices; • any special institutional mission. Similarly, BOP inmates are classified based on the following factors: • The level of security and supervision the inmate requires; and, • The inmate's program needs, i.e., substance abuse, educational/vocational training, individual counseling, group counseling, or medical/mental health treatment, etc. In summary, the initial assignment (designation) of an inmate to a particular institution is based primarily upon: • The level of security and supervision the inmate requires; • The level of security and staff supervision the institution is able to provide; and, •' The inmate's program needs. Additional factors that are also considered when designating an inmate to a particular institution include, but are not limited to: • The inmate's release residence; • The level of overcrowding at an institution; • Any security, location or program recommendation made by the sentencing, court; EFTA00223639 P5100.08 9/12/2006 Chapter 1, Page 2 • Any Central Inmate Monitoring issues (see Program Statement Central Inmate Monitoring Program); • Any additional security measures to ensure the protection of victims/witnesses and the public in general; and, • Any other factor(s) which may involve the inmate's confinement; the protection of society; and/or the safe and orderly management of a BOP facility. Initial designations to BOP institutions are initiated, in most cases by staff at the Designation and Sentence Computation Center (DSCC), Grand Prairie, Texas, who assess and enter information from the sentencing court, U.S. Marshals Service, U.S. Attorneys Office or other prosecuting authority and the U.S. Probation Office about the inmate into a computer database (SENTRY). SENTRY then calculates a point score for that inmate which (for example, 18 points) is then matched with a commensurate security level institution. Security Custody Male • Female Level Level MINIMUM COMMUNITY and 0-11 points 0-15 points OUT e LOW OUT and IN 12-15 points 16-30 points MEDIUM OUT and IN 16-23 points *. HIGH IN and MAXIMUM 24+ points 31+ points ADMINISTRATIVE All custody All point All point levels totals totals An inmate's security point score is not the only factor used in determining a commensurate security level for an inmate. The application of a PSF or MGTV could effect placement at either a higher or lower 10071 717rilution than the specified point total indicates. (SEE CHAPTER 5 FOR MORE DETAILED INFORMATION) NOTE: A security level cannot be assigned by SENTRY without completing an Inmate Load and Security Designation Form. If an inmate has not been assigned a security level, SENTRY will automatically assign "UNKNOWN" as the security level. EFTA00223640 P5100.08 9/12/2006 Chapter 1, Page 3 * Female security level institutions are classified as Minimum, Low, High and Administrative. Once all necessary information has been entered into the SENTRY database, a DSCC or Medical Designations Officer, (hereafter, Designator) selects an institution for service of sentence based on all the previously mentioned factors. Redesignations (transfers) from one Bureau institution to another are considered in much the same manner using many of the same factors used at the time of initial designation. In addition, the inmate's institutional adjustment and program performance are also carefully reviewed when redesignation is considered. Finally, an initial custody level (COMMUNITY, IN, OUT, MAXIMUM) is also assigned to•the inmate that is consistent with the institutions mission. (See previous chart). An inmate's custody level within any given security level institution is routinely reviewed and may change for various reasons during the period of incarceration. EFTA00223641 P5100.08 9/12/2006 Chapter 2, Page 1 DEFINITIONS ADMINISTRATIVE INSTITUTION. An institution with a special mission, where inmates are assigned based on factors other than security and/or staff supervision (for example, medical/mental health, pretrial and holdover). Administrative institutions are designed to house all security level inmates. CENTRAL INMATE MONITORING (CIM). The Bureau monitors and controls the transfer, temporary release, and community activities of certain inmates who present special needs for management. Such inmates, known as Central Inmate Monitoring cases, require a higher level of review prior to any movement outside the institution. CLASSIFICATION. The systematic subdivision of inmates into groups based on their security and program needs. COMMUNITY CUSTODY. The lowest custody level assigned to an inmate which affords the lowest level of security and staff supervision. An inmate who has COMMUNITY custody may be eligible for the least secure housing, including any which is outside the institution's perimeter, may work on outside details with minimal supervision, and may participate in community-based program activities if other eligibility requirements are satisfied. CONTRACT FACILITY. A state or local prison, institution, facility, jail, or other non-federal enterprise that contracts with the Bureau to house federal inmates (i.e., Community Corrections Center). Contract facilities are contracted and supervised by the CCMs. CRIMINAL HISTORY POINTS. Criminal History Points are used to calculate the Bureau's Criminal History Score. The Criminal History Points is the calculation, as specified by the U.S. Sentencing Commission Guidelines (Guidelines Manual, Chapter 4), which assigns a numerical value based on the individuals entire criminal record of convictions. Ordinarily, the Criminal History Points are calculated by the United States Probation Office. CRIMINAL HISTORY SCORE (CHS). The CHS is one of the factors used to calculate the inmate's security point total. The CHS is derived from the Criminal History Points whereby the Criminal History Points fall into one of six categories. EFTA00223642 P5100.08 9/12/2006 Chapter 2, Page. 2 \ CURRENT OFFENSE. For classification purposes, the current offense is the most severe documented instant offense behavior regardless of the conviction offense. CUSTODY CLASSIFICATION. The review process to assign a custody level based on an inmate's criminal history, instant offense, and institutional adjustment. A custody level (i.e., COMMUNITY, OUT, IN, and MAXIMUM) dictates the degree of staff supervision required for an individual inmate. [ DESIGNATION. An order from the DSCC indicating the initial facility of confinement for an inmate. DESIGNATION FACILITY (DFCL). Each of the separate missions within an institution for designation purposes. Each DFCL is shown as a separate line on the Population Report and has its own security level and destination (DST) assignment. Designations are made to a DFCL code rather than to a facility (FACL) code. JUDGMENT. The official court document (e.g., Judgment and Commitment Order or Judgment in a Criminal Case) which is signed by the Judge. The Judgment contains the offense(s) for which the court imposes its sentence, which ordinarily includes a financial, confinement and supervision obligation. HISTORY. The inmate's entire background of criminal convictions (excluding the current offense) and institutional disciplinary findings used to assess points related to his/her history of violence and/or history of escape. IN CUSTODY. The second highest custody level assigned to an inmate which requires the second highest level of security and staff supervision. An inmate who has IN custody is assigned to regular quarters and is eli ible rk assignments an ac v ties under a normal level of supervision. Inma es custody are not eligible for work details or programs outside the institution's secure perimeter. r LEGAL RESIDENCE. The inmate's local and state address as reported by the United States Probation Office at the time of conviction. LONG-TERM DETAINEE. A non-U.S. citizen (alien) who has: • finished serving a local, state, or federal sentence; • completed immigration proceedings that have resulted in an order of deportation, exclusion, or other means of EFTA00223643 P5100.08 9/12/2006 Chapter 2, Page 3 removal by either the Executive Office for Immigration Review (EOIR), or the Bureau of Immigration and Customs Enforcement (ICE), formerly the Immigration and Naturalization Service (INS); and,. • cannot be removed from the country for various reasons. MANAGEMENT SECURITY LEVEL (MSL). Management Security Level is the security level assigned by the DSCC Administrator or designee to an inmate upon application of any of the following Management Variables: • PSF Waived; • Greater Security; and, • Lesser Security. Based on these Management Variables, the Management Security Level will normally be one security level greater or lesser than the scored security level. MANAGEMENT VARIABLE. A Management Variable (MGTVs) reflects and supports the professional judgMent of Bureau staff to ensure the inmate's placement in the most appropriate level institution. A Management Variable(s) is required when placement has been made and/or maintained at an institution level inconsistent with the inmate's security score — a score which May not completely/ accurately reflect his or her security needs. MAXIMUM CUSTODY. The highest custody level assigned to an inmate requiring the highest level of security and staff supervision. An inmate with MAXIMUM custody requires ultimate control and supervision. This classification is for individuals who, by their behavior, have been identified as assaultive, predacious, riotous, serious escape risks, or seriously disruptive to the orderly running of an institution. Accordingly, quarters and work assignments are assigned to ensure maximum control and • supervision. A custody change to or from MAXIMUM custody must be justified thoroughly on the BP-338 form and maintain ed permanently in the Inmate Central File. MISDEMEANANT. An inmate convicted of an offense for which the maximum penalty is one year or less. Such inmates may not be . transferred to a High security institution without first signing a waiver. 18 U.S.C. 4 4083 prohibits placement of such inmates in "penitentiaries" without their consent; however, the Bureau broadens that prohibition to include any High security institution. A sample of the waiver is provided in Appendix B. EFTA00223644 P5100.08 9/12/2006 Chapter 2, Page 4 OUT CUSTODY. The second lowest custody level assigned to an inmate requiring the second lowest level of security and staff supervision. An inmate who has OUT custody may be assigned to less secure housing and may be eligible for work details outside the institution's secure perimeter with a minimum of two-hour intermittent staff supervision. \l' PAROLE, MANDATORY RELEASE, OR SPECIAL PAROLE TERM VIOLATOR. Violators are inmates who were released from Bureau custody to the supervision of a D.C. or U.S. Probation Officer (USPO) and have violated the conditions of their release. These violators are returned to Bureau custody and are required to have a parole hearing within certain time limits. The purpose of this is to provide the inmate with an in-person hearing before the U.S. Parole Commission (USPC) to determine if the inmate has violated the conditions of parole, mandatory release, or special parole. Therefore it is necessary to temporarily place these individuals at parolable institutions in order to conduct parole hearings. PRIVATIZED FACILITY. A prison, institution, or other correctional facility that is operated or supervised by a non- governmental entity. Privatized facilities are managed by private organizations or individuals with oversight provided by Bureau staff. PUBLIC SAFETY FACTOR. There are certain demonstrated behaviors which require increased security measures to ensure the protection of society. There are nine Public Safety Factors (PSFs) which are applied to inmates who are not appropriate for placement at an institution which would permit inmate access to the community (i.e., MINIMUM security). The application of a PSF overrides security point scores to ensure the appropriate security level is assigned to an inmate, based on his or her demonstrated current or prior behavior. REDESIGNATION. The reassignment of an inmate from one institution to another after initial designation. Unit staff submit a request to the DSCC, and the inmate's case is reviewed for possible transfer. Approval of a redesignation results in an order from DSCC staff indicating a correctional institution to which an inmate is to be transferred. The actual movement of an inmate from one institution or facility to another is referred to as a transfer. RELEASE RESIDENCE. The verifiable destination to which an inmate realistically plans to reside upon release from Bureau custody. The inmate must provide proof of residence to his or her unit staff.. Staff will rely upon the following references to assist in verification: Presentence Investigation Report/USPO EFTA00223645 P5100.08 9/12/2006 Chapter 2, Page 5 verification; telephone and visiting lists; and, incoming and outgoing mail. SECONDARY DESIGNATION. The second part of a two part designation, usually after a temporary designation to receive medical/mental health treatment or to participate in a specific institutional program or parole hearing. SECURITY LEVEL. Used to describe the structural variables and inmate-to-staff ratio provided at the various types of Bureau institutions (i.e., Minimum, Low, Medium, High). It also identifies the institution type required to house inmates based on their histories, institutional adjustment, and Public Safety Factors as well as the physical security of the institution to include mobile patrols, gun towers, perimeter barriers, housing, detection devices, inmate-to-staff ratio, and internal security. STATEMENT OF REASONS. The Statement of Reasons (SOR) is an attachment to the criminal judgment (Judgment and Commitment Order; Judgment in a Criminal Case) which indicates the reason for the court's final sentence, and other sentencing related issues (e.g., resolution of disputed issues, changes in scoring, statements of court intent, etc.). It is required in every felony case where the sentencing range exceeds 24 months, or whenever there is a departure from the U.S. Sentencing Guidelines range. The court may complete an SOR even if not required. STUDY CASE. A study case is an inmate who is committed for a period of study and observation pursuant to 18 U.S.C. SS 3552(b) or (c)), 4241(b) or (d), 4242(a), 4243(a) or (b), 4244(b), 4245(b), 4246(b), or 4247(b) or (c)). An inmate committed for a study and observation will be referred to the Central Office Medical Designator in the Office of Medical Designations and Transportation (OMDT) for designation to a facility that can complete the' study, considering any specific medical or psychiatric issues which should be addressed. The Central Office Medical Designator should attempt to place the inmate in the most suitable facility compatible with the offender's security and custody needs, closest to the court and available resources. EFTA00223646 P5100.08 9/12/2006 Chapter 3, Page 1 SECURITY DESIGNATION PROCEDURES FOR NEW COMMITMENTS The Designation and Sentence Computation Center will ordinarily complete the initial designation within three working days of receiving all the necessary documentation from the U.S. Marshals Service (USMS) and the U.S. Probation Officer (USPO) which includes the following: the Presentence Investigation Report (PSR), Judgment, Statement of Reasons (SOR), and Central Inmate Monitoring (CIM) documentation (in cases where a CIM assignment is necessary). The DSCC will refer all requests for initial designation with potential medical/mental health concerns to the Office of Medical Designations and Transfers (OMDT), Health Services Division, Washington, D.C. no later than the following work day. 1. DESIGNATION PROCEDURES The following is the normal chronology of an initial designation. a. The inmate is sentenced. b. The Clerk of the Court transmits the Judgment and Commitment Order (old law cases) or Judgment in a Criminal Case (new law cases) to the USMS. c. The USMS makes a request to the DSCC advising that the inmate is now ready for designation to a facility. d. If it has not already been provided, DSCC staff must contact the necessary officials (USPO or USMS) for the following: two copies of the PSR, a copy of the Judgment, to include the SOR, and the Individual Custody and Detention Report (USM-129). If the SOR is not provided with the Judgment, DSCC staff will make a reasonable effort to obtain a copy by contacting the Court or USPO. If no SOR was prepared for the case or cannot be obtained, DSCC staff will note this in the "Remarks" section of the BP-337 and proceed with the designation process. These procedures will ensure the Bureau is following the intentions of the Court when designating a facility, as the SOR may contain information which overrides the PSR and may affect scoring decisions. Based on a review of the data, DSCC staff will determine whether a non-federal facility should be designated. If a PSR has not been prepared, DSCC staff will complete a National Crime EFTA00223647 P5100.08 9/12/2006 Chapter 3, Page 2 Information Center (NCIC) and National Law Enforcement Telecommunication System (NLETS) criminal history check to obtain background information. DSCC staff will then load appropriate information on the SENTRY Update Security Designation screen with a notation that no PSR was available ep_SCA1 staff will contact the USPO and request that a Postsentence Investigation Report be praparAd. and forwarded to the designatedaft -- will document this contact on fffeThttlErrialflurity Designation Screen.. Frequently, in cases involving Reentry after Deportation, Presentence/Postsentence Investigation Reports are not prepared. In those particular cases, a Magistrate Information Sheet may be used. A Magistrate Information Sheet is a document prepared by U.S. law enforcement officials. This document contains a summary of the facts related to the defendant's arrest and prior • criminal/personal history. This information is primarily obtained through the arresting officer's report, the FBI Rap Sheet and an interview with the defendant. If more than six months has elapsed since the PSR was prepared, DSCC staff will contact the USPO to determine if there is any new or significant information that should be considered. If the offender was a study case before final sentencing, DSCC staff will take into consideration the results of that study in completing the designation request. The result of the study may be obtained from a PSR, a summary report, or any other information available. If offense or background information is not available prior to designation, an inmate must be designated to at least a Low security level institution. When information is obtained, the institution may request redesignation, if appropriate. {- e. The DSCC uses classification material and SENTRY to determine if. Central Inmate Monitoring (CIM) precautions need to be taken. This includes a name search to determine if the offender was previously confined under the current or previous register number. If new to the Bureau, the inmate must be loaded into SENTRY and "admitted" to the DSCC "facility," with any appropriate CIM assignment(s) entered. DSCC staff will identify the documents used to support CIM assignments and forward the documents to the designated institution. f. DSCC staff will complete and enter into SENTRY an Inmate Load and Security Designation form (BP-337) on all cases with terms exceeding 30 days. The DSCC staff member loading the data has the discretion to complete a hard copy version or may enter the information directly into SENTRY. EFTA00223648 P5100.08 9/12/2006 Chapter 3, Page 3 .DSCC staff must determine if there is a break in custody when the inmate is transferring to federal custody after service of a state sentence. The DSCC usually has access to this type of information for jail credit purposes. If there is no physical release from custody, DSCC staff will consider the state offense as• part of the current term of confinement for classification purposes and will not assign any history points for the state offense. g. Each work day, DSCC Designation Officers determine which cases require.designation by displaying a SENTRY Daily Log for a listing of those cases entered the previous day (also to include weekends and holidays). The Designator displays the Initial Designation Data screen and follows the prompts on the screen. This will lead the Designator through a display of the "CIM Clearance and Separatee Data" screen and "Update Security Designation" screen. A list of the appropriate security level facilities will appear in'order of proximity to the inmate's legal residence (based on mileage calculated by SENTRY). The final screen in this series requires that the reason for designation be entered, as well as any clearance remarks by the DSCC Designator. The objective of inmate classification is to place each inmate in the most appropriate facility for service of sentence. To accomplish this, the Designator must consider all relevant information'regarding the inmate. In,accordance with Rule 38(b) of the Federal Rules of Criminal Procedure, when the court of conviction recommends that the inmate be retained in a place of confinement which will allow the inmate to participate in the preparation of the appeal, the Bureau will make every effort to place the inmate in such a facility. If a reason exists for not placing the inmate in that facility, the matter is called to the attention of the court and an attempt is made to arrive at an acceptable place of • confinement. h. SENTRY provides information on the capacity and inmate population in each institution. Specifically, for each facility and each Designation Facility (DFCL), SENTRY provides the Rated Capacity, the Designation Capacity, and the percentage of each that the facility or DFCL currently houses. • The' Rated Capacity is a measure of the capacity for which each DFCL was designed. • The Designation Capacity is the equitable proportion of the inmates in a particular security level that each EFTA00223649 P5100.08 9/12/2006 Chapter 3, Page 4 designation facility having that security level should house. The Designation Capacity of each DFCL is based on the rated capacities and population totals of all the DFCLs that have the same security level. The Rated Capacity and Designation Capacity for a facility are calculated as the total Rated Capacity and Designation Capacity of all the DFCLs that exist within that facility. Designators will ordinarily use the Designation Capacity as a guide for maintaining population balance and an equitable distribution of inmates. However, for newly activating institutions, Designators may designate that institution for a percentage of initial designations. . i. The Designator assigns a facility, which may include a privately managed facility, and will make every effort to accommodate recommendations from the courts, ie. RDAP, locality, etc. (.- j. Upon completion of the initial designation by the DSCC Designator or Central Office Medical Designator, staff in the following areas will make note of the designation by monitoring SENTRY Destination Daily Logs: (1) The receiving institution; (2) The federal facility (MCC, Detention Center, etc.) holding the inmate being designated; (3) The U.S. Marshals Prisoner Transportation Division in Kansas City, Kansas; and, (4) The DSCC staff in cases where a medical/mental health inmate has been referred to OMDT. DSCC staff will inform the USMS who has custody of the inmate of the designation by whatever means is appropriate. If the inmate is a former study case, DSCC staff must also inform, via GroupWise, the Warden of the institution that completed the study of the designation. This alerts that facility to forward the Inmate Central File and other records to the institution designated. If there is a secondary designation (e.g., Parole, Special Parole Term, Mandatory Release Violator Hearing, or following medical treatment), DSCC staff (or Central Office Medical Designator for EFTA00223650 P5100.08 9/12/2006 Chapter 3, Page 5 medical cases) will notify the Warden of the secondary institution. This will alert the secondary institution that the inmate is designated and will be transported after the program or medical treatment is completed. No other designation notation is needed for a secondary designation. k. When a designation is made, DSCC staff will forward all supporting documents to the designated institution within two working days. If DSCC staff believe that the inmate will arrive at the institution in less than five calendar days, the supporting documentation will be sent to the institution by overnight mail, facsimile, or electronically, within one working day of the designation. 1. The Case Management Coordinator (CMC) will monitor all pending arrivals at that facility. However, if the institution has separate DFCLs for specialized programs (i.e., RDAP, Sex Offender Treatment Program, Life Connections, etc.) or for a satellite camp, then the CMC may delegate this responsibility to staff assigned•to those specialized programs' or populations. Staff will monitor the Daily Log for that facility, and will • print a hard copy of each designation and maintain a copy on file for 120 calendar days. In certain facilities other methods may be just as effective in monitoring pending arrivals. For example, institutions with a large holdover or pretrial population can be monitored more effectively by running a daily pipeline roster filtering out all "A-HLD"s and "A-PRE"s. Staff will also monitor the arrival of classification material, and if such material has not arrived within 10 calendar days following the designation, the DSCC will be contacted to determine the status of that material. Upon arrival of the classification material, the CMC, or designee, will review that material and verify the scoring of the Inmate Load and Security Designation form (BP-337). If a scoring issue and/or error is discovered, the CMC will contact the DSCC Administrator via GroupWise. The CMC may need to fax certain pages of the Presentence Investigation Report to the DSCC so the case can be appropriately reviewed. If the CMC and DSCC agree that an error has been made, the error will be corrected by the DSCC. If the CMC and DSCC do not agree that an error has been made, the Central Office, Correctional Programs Administrator, will make the final determination. The DSCC will also be advised of any non-scoring errors or concerns. In either circumstance, if the correction requires a new designation, the DSCC will make any necessary changes and will enter a new designation into SENTRY. The DSCC will then notify the appropriate USMS office(s) of the designation change. EFTA00223651 P5100.08 9/12/2006 Chapter 3, Page 6 If the original designation is changed, the CMC will forward the classification material to the newly designated institution. m. The CMC has oversight responsibilities for monitoring the timely arrival of a newly designated inmate. If an inmate serving a term of one year or more has not arrived at the designated institution within 120 calendar days from the date of the designation, or if an inmate serving a term of less than one year has not arrived after 30 calendar days, staff will use SENTRY to determine the inmate's current location: (1) If the inmate is in a Bureau facility, staff will contact that facility to expedite movement or ascertain the reason for delay, and will verify whether the designation continues to be valid; and, (2) If the inmate is not in a Bureau facility, staff will contact the DSCC. Upon notification, DSCC staff will contact the appropriate authorities and ascertain why the inmate has not arrived at the designated institution. If DSCC staff decides the designation is no longer valid, the DSCC will cancel the original designation. If the designation is canceled, the packet will be returned to the DSCC, who then will return the documentation to the originating agency. Prior to canceling a designation, the DSCC will enter a comment on the "CIM Clearance and Separatee Data" screen to document the reason(s) for this action. This comment will be the only retrievable documentation available to answer future questions regarding the processing of the case. It may be necessary to administratively admit the inmate in order to enter the comment. The DSCC will also delete the associated DST assignment. Staff will maintain records of their efforts to monitor designations. These records will be maintained for a period of 120 calendar days from the date of initial, designation. n. The release to the general public of an inmate's designation or redesignation information is prohibited, for security reasons, until the inmate has arrived at the designated facility. An inmate confined in a Bureau facility however, may be advised of the destination but will not be advised of the date or time of the transfer. However, caution should be exercised in advising inmates of their destination. The Warden may define cases where the designation will not be disclosed to the inmate. Officials such as Judges and members of Congress may be advised of designations in response to official inquiries for their official use. EFTA00223652 P5100.08 9/12/2006 Chapter 3, Page 7 2. NON-ROUTINE DESIGNATION PROCEDURES In certain cases, non-routine designation procedures for new commitments are required. Listed below are specific examples of non-routine designations. a. Study Cases. The DSCC will complete an Inmate Load and Security Designation form (BP-337) and enter it into SENTRY. The DSCC will then notify the Central Office Medical Designator via GroupWise requesting designatioh. The Central Office Medical Designator will designate an appropriate institution for the study. After completion of the study and final sentencing by the court, the DSCC will enter a new Inmate Load and Security Designation form (BP-337) into SENTRY, based on the actual sentence imposed or other new information. b. Medical or Mental Health. The DSCC is responsible for receiving and evaluating information pertaining to an initial designation. DSCC staff must attempt to ascertain whether an inmate requires medical or mental health evaluation or treatment. This information is ordinarily obtained from the Presentence Investigation Report or other source documents. If medical or mental health concerns are apparent, DSCC staff will provide comments in the "Remarks" section of the BP-337 and enter Y (yes) in the OMDT REF item. DSCC staff will fax portions of the Presentence Investigation Report pertaining to the medical or mental health concerns, and the Judgment in a Criminal Case, if it includes any judicial recommendations, to the Central Office Medical Designator. Upon review of the daily log for W DESIG M cases, the Central Office Medical Designator will access the Inmate Load and Security Designation form (BP-337) in SENTRY and make a designation based on the available information, ordinarily within three working days. If the Central Office Medical Designator determines there are no medical or mental health concerns affecting placement, the DSCC will be advised. The DSCC will then complete the designation to an•appropriate institution. Only the OMDT will make designations for study cases or for cases requiring medical or psychiatric evaluation or treatment. Designation may be made to any Bureau facility having resources to meet the inmate's needs. The Central Office Medical Designator will ensure that whenever a designation is made to an DFCL inconsistent with the inmate's security level, the appropriate Management Variable is entered. Administrative facilities are excluded from this requirement. EFTA00223653 P5100.08 9/12/2006 Chapter 3, Page 8 c. Military Prisoners. The Bureau cooperates with the Security, Force Protection and Law Enforcement Division of the Armed Services for the transfer of military prisoners into the Bureau's custody. These cases are coordinated through the DSCC, in accordance with the provisions contained in Chapter 7, Section 17(d). d. Parole, Mandatory Release or Special Parole Term Violator Hearing. For designation purposes, the U.S. Parole Commission (USPC) provides the revocation packet and a copy of the alleged violator's Presentence Investigation Report to the DSCC. The DSCC will complete an initial designation to a violator hearing site, and a secondary designation to a post-hearing institution for service of the violator term. The Security Designation Data screen will indicate the inmate is to be housed as a holdover at the violator hearing site. Once the designation has been completed, the DSCC will notify the U.S. Marshals Office of the designated institution, and mail the violator packet to that institution. The USPC will receive notification via Groupwise. If after the hearing, new information causes a change in the secondary designation (i.e., short-term parole date), institution staff will contact the DSCC for appropriate action. • In cases where the projected release date (PRD) is between 60 to 120 days from the date of hearing, the DSCC will consider changing the secondary designation to the nearest appropriate facility. • In cases where the PRD is 60 days or'less from the date of hearing, hearing facility staff will consider having the inmate remain at the hearing facility for release processing purposes. • If a change in designation is not necessary, institution staff may process the inmate's transfer to the secondary designation. Procedures for violators requiring medical treatment are referenced in Chapters 3 and 7. Once the information is.reviewed and evaluated by the DSCC, and it is determined.that medical or psychiatric treatment is required, the request for designation will be entered into SENTRY and referred to the Central Office Medical Designator for designation. The DSCC will notify the appropriate USMS Office of the inmate's designated institution, and mail the violator packet.to that institution. The USPC will receive notification via LAN. EFTA00223654 P5100.08 9/12/2006 Chapter 3, Page 9 Local revocation hearings will be conducted at a site determined by the USPC, normally within commuting distance of where the alleged violation occurred. The USPC may request, in writing, to the DSCC Administrator that an alleged violator be moved to a Bureau institution. Violators who have received their local revocation hearing will not be transported until the USPC Notice of Action has been received and a designation has been determined. In some instances, violators who are granted a short-term release date should be considered for placement in a contract facility. e. Long-term Detainees. The Detention Services Branch (DSB), Correctional Programs Division, Central Office, is responsible for the initial designation of long-term detainees. Requests for placement into the BOP from the U.S. Immigration and Customs Enforcement (ICE) are sent directly to DSB, where they are completed. If a medical, or mental health placement is needed, DSB will refer it to the Central Office Medical Designator. Long-term detainees are no longer serving a sentence but their detention is indeterminate and they will not, in all probability, be repatriated to their home country.. Long-term detainees are from countries; such as Cuba, that refuse to accept their return from the U.S. government. The Detention Services Branch,. Correctional Programs Division, will advise when changes in applicable countries occur. This does not include citizens from countries that take a significant amount of time to accept its citizens. Travel orders can be obtained and they are eventually returned. ICE requests the placement of long-term detainees into the BOP and they are ordinarily designated into a general population. Long-term detainees include: • Mariel Cubans, detainees who entered the United States during the Mariel boatlift between April 15, 1980 and October 31, 1980; • Cubans who entered the United States from other countries, or from Cuba other than during the Mariel boatlift; and, • Detainees from counties that ICE has identified that refuse to receive its citizens. Designation procedures for long-term detainees are unique because the detainees are not serving a sentence. Refer to the current EFTA00223655 P5100.08 9/12/2006 Chapter 3, Page 10 • Program Statement Mariel Cuban Detainees for the designation procedures. 3. DESIGNATIONS TO NON-FEDERAL FACILITIES The DSCC may designate a federal inmate to a non-federal facility in accordance with the criteria below. An updated Security Designation form (BP-337) will be completed and entered into SENTRY for any sentence exceeding 30 days. When the USMS takes custody of an inmate from state or local custody to begin serving a federal sentence, the same procedures for new commitments will be followed. When designating an inmate to a non-federal facility for an inmate, Designators shall consider the inmate's religious beliefs, if known as one of the factors in making a designation decision. If possible, a non-federal facility where the inmate's religious beliefs can be accommodated will be designated. If necessary, Designators may consult with Central Office chaplaincy staff in making this designation decision. 4. TYPES OF COMMITMENTS a. Juvenile Commitments. All inmates committed under the Juvenile Justice and Delinquency Prevention Act (JJDPA) and all inmates under the age of 18 will be designated and housed in accordance with the requirements of Program Statement Juvenile Delinquents, Juvenile Justice and Delinquency Prevention Act. The CCM will complete a BP-337 for juvenile offenders housed in contract juvenile facilities; however, the CCM does not need to complete the BP-338 while the juvenile is housed there unless it is helpful to do so. b. Jail Commitments. When funds and appropriate jail space are available, the DSCC may designate a contract jail or detention facility for an inmate who is generally sentenced to one year or less. If funds and appropriate jail space are not available or
ℹ️ Document Details
SHA-256
a326e1efec565e465d9ff4418aa63c99277663720049d77e9564c3fa029e8d5b
Bates Number
EFTA00223638
Dataset
DataSet-9
Document Type
document
Pages
51

Comments 0

Loading comments…
Link copied!