9-24.000
REQUESTS FOR
SPECIAL
CONFINEMENT CONDITIONS --
28 C.F.R. § 501.3
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
9-24.200 Renewals
9-24.300 Disclosure of Classified
Information -- 28 C.F.R. § 501.2
9-24.400 Effect of BOP Policy
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."
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.
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.
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.
| October 1997
| USAM Chapter 9-24
|