Download INMATE ADMISSION & ORIENTATION HANDBOOK...
INMATE ADMISSION & ORIENTATION HANDBOOK
FEDERAL CORRECTIONAL COMPLEX TUCSON, ARIZONA UPDATED: August 30, 2013
Table of Contents Page Introduction ......................................................................................................................................3 Intake, Classification and Unit Teams .............................................................................................3 General Function of Unit Staff ........................................................................................................3 Daily Inmate Life .............................................................................................................................5 Quarters (Unit) Rules .......................................................................................................................7 Clothing Exchange & Laundry ........................................................................................................8 Commissary .....................................................................................................................................9 Security Procedures .......................................................................................................................13 Programs and Services ................................................................................................…………..15 UNICOR ........................................................................................................................................16 Inmate Financial Responsibility Program......................................................................................16 Food Service ..................................................................................................................................16 Education Programs .......................................................................................................................18 Recreation Programs ......................................................................................................................24 Religious Services..........................................................................................................................25 Psychology Services ......................................................................................................................26 Central Inmate Monitoring System (CIMS) ..................................................................................31 Medical Services ............................................................................................................................32 Telephones .....................................................................................................................................41 Visiting...........................................................................................................................................42 Access to Legal Services ...............................................................................................................43 Problem Resolution........................................................................................................................46 Disciplinary Procedures .................................................................................................................47 Disciplinary Hearing Officer ……………………………………………………………… ...….48 Release ...........................................................................................................................................50 Rights and Responsibilities ............................................................................................................56 Listing of Prohibited Acts ..............................................................................................................58 Sexual Abuse/Assault Prevention and Intervention.......................................................................68
2
INTRODUCTION The purpose of this handbook is to provide arriving inmates with information regarding the Bureau of Prisons (BOP), its programs, and the rules and regulations. It is not a specific guide to the detailed policies of the BOP. Rather, the material in this handbook will help new inmates more quickly understand what they will be encountering when they enter prison, and hopefully assist them in their initial adjustment to incarceration. INTAKE, CLASSIFICATION AND THE UNIT TEAM Orientation Inmates are given a social screening by Unit Management staff and medical screening by Health Services and Mental Health staff at the time of arrival. Inmates are immediately provided with a copy of the institution rules and regulations, which include information on inmate rights and responsibilities. It also includes information on sexual assault and abuse. Within 28 days of arrival, inmates will participate in the Admission and Orientation (A&O) Program. While in A&O, inmates are advised of the programs, services, policies and procedures regarding the facility. Classification Teams (Unit Teams) Each inmate is assigned to a housing unit. A unit is a self-contained inmate living area that includes both housing sections and office space for unit staff. Each unit is staffed by a Unit Team directly responsible for the inmates living in the unit. The unit offices are located in the units so staff and inmates can be accessible to each other. The unit staff typically includes a Unit Manager, Case Manager, Correctional Counselor, and Unit Secretary. The Staff Psychologist, Education Advisor and Unit Officer are considered members of the Unit Team and provide input for classification purposes. Inmates are assigned to a specific Unit Team. Generally, the resolution of issues or matters of interest while at the institution are most appropriately initiated with the Unit Team. Unit Team members are available to assist in many areas, including parole matters, release planning, personal and family problems, counseling and assistance in setting and attaining goals while in prison. Ordinarily, a member of the unit staff will be at the institution from 7:30 a.m. to 9:00 p.m., and during the day on weekends and holidays. GENERAL FUNCTIONS OF UNIT STAFF Unit Manager: The Unit Manager is the administrative head of the general unit and oversees all unit programs and activities. The Unit Manager is the Chairperson of the team which comprises the Case Manager, Correctional Counselor, with input from Education and Psychology staff. The Unit Manager reviews team decisions and may chair the Unit Discipline Committee (UDC), which is a body that hears disciplinary infractions. The Unit Manager is ordinarily present during initial classification and subsequent program review(s) in which RRC placement is discussed. Case Manager: The Case Manager is responsible for all casework services and prepares classification material, progress reports, release plans, correspondence, and other materials relating to the inmate’s commitment. The Case Manager serves as a liaison between the inmate, the administration, and the community. 3
Correctional Counselor: The Counselor provides counseling and guidance for the inmates of the unit in areas of institutional adjustment, personal difficulties, and plans for the future. He/She plays a leading role in segments of unit programs relating to inmate activities. The Unit Counselor may conduct counseling groups for inmates in his/her unit and/or groups open to the general population. Unit Secretary: The Unit Secretary performs clerical and administrative duties, to include the preparation of release paperwork. Unit Officer: The Unit Officers have direct responsibility for the daily supervision of inmates and the enforcement of rules and regulations. They have safety, security, and sanitation responsibilities in the unit. Unit Officers are in regular contact with inmates in units and are encouraged to establish professional relationships with them, as long as such interaction does not interfere with their primary duties. Unit Officers control movement in and out of the unit and conduct regular searches for contraband. Communications Normally, a unit staff member is available each day of the week and most evenings until 9:00 p.m. The unit bulletin boards and the TRULINCS system contain written communication of interest to inmates. Unit Managers may utilize monthly Town Hall meetings to dispense information and foster improved communications. Unit team members will utilize either open house hours or an open door policy to address inmate concerns. Inmates are also encouraged to use Inmate Requests to Staff to make requests in writing. Initial Classification/Program Reviews Inmates initially designated to the institution will receive initial classification within 28 days of arrival. Unit, Education, and Psychology staff will assess each inmate and work with them to develop an individual plan which will address skill deficits that may deter successful reentry into the community. Subsequent program reviews will be held every 90 to 180 days, depending upon release date. These are held by the Unit Team to review progress on programming goals, work assignments, transfers, custody/security level, institutional adjustment, etc. The inmate may not waive appearance with the Unit Team. Reentry Pre-Release Programming Release preparation begins on the first day of incarceration. The BOP’s reentry strategy provides inmates with the opportunity to gain the necessary skills and resources to succeed upon release. Through coordinated efforts among the departments in the institution and collaboration with other agencies, a wide array of programs and activities are offered to better inmates’ chances of a successful reentry upon release. It is imperative at initial classification (Team) that inmates are open and honest when answering questions to allow the team to accurately identify needs and make appropriate program recommendations to improve inmates’ chances of a successful reentry. Each time an inmate goes to team, he or she will receive a progress update and new recommendations as warranted. Contributors and programming recommendations include Education, Health Services, Psychology, Unit Team, Recreation, Religious Services, the inmate’s Work Detail Supervisor, and 4
the inmate. Inmates are strongly encouraged to take advantage of the program recommendations. Additionally, to make the transition back to the community go as smoothly as possible, inmates should obtain at least two forms of identification to include a social security card. Inmates may also be eligible for some benefits upon release (e.g., social security disability, veteran’s, Medicare etc.) to make the transition easier. Staff may be able to provide you with information concerning benefits so that you may determine your eligibility and begin the application and begin the application process if applicable prior to release. Lastly, the Career Resource Center, normally located in the Education Department, can also provide you with pre and post release programming and education ideas, potential employment and housing information, as well as potential benefits information. Town Hall Meetings Town Hall meetings are held to make announcements and to discuss changes in the policy and procedures of the unit. Inmates are encouraged to ask pertinent questions of the staff and any guest speakers who are present. These questions should pertain to the unit as a whole, rather than personal questions or problems. Personal issues will be resolved by unit staff during the regular working hours which are posted in each unit. Treaty Transfer for Non-U.S. Inmates Inmates who are not U.S. citizens may be eligible for a transfer to their home country to serve the remainder of their sentence. At initial classification, the inmate will be advised if the inmate’s home country has a formal exchange treaty with the United States. The Case Manager will provide additional information regarding an inmate’s eligibility for participation in the program. Foreign Consular The most recent publication of the Consular Notification and Access directory will be located in the Law Library. DAILY INMATE LIFE Sanitation It is the inmate’s responsibility to check his cell immediately after being assigned there and report all damages to the Unit Officer or Correctional Counselor. An inmate may be held financially liable for any damage to his personal living area. Each inmate is responsible for making his bed in accordance with posted regulations before work call (including weekends and holidays when he leaves the area). Each inmate is also responsible for sweeping and mopping his cell floor, removing trash, and ensuring it is clean and sanitary. Cardboard boxes and other paper containers are not permitted for storage due to their combustible nature. Lockers must be neatly arranged inside and out, and all shelving must be neat and clean. Chairs are assigned to each cell, and will not be defaced or marked in any manner by the inmate. Toothpaste, toothbrushes, combs, razors, and soap for personal hygiene are issued by the institution. Inmates may purchase name brand items through the Commissary. Personal Property Limits Items which may be retained by an inmate are limited for sanitation and security reasons, and to ensure excess personal property is not accumulated which would constitute a fire hazard or impair staff searches of the cell. Each institution is required to establish an Institution Supplement regarding Inmate Personal Property, specifically identifying personal property which the inmate may retain. 5
Storage Space Staff shall set aside space within each housing area for use by an inmate. The designated area shall include a locker or other securable area in which the inmate is to store authorized personal property. The inmate shall be allowed to purchase an approved locking device for personal property storage in regular living units. Limited space may also be available under the bed for approved items. The amount of personal property allowed each inmate is limited to those items which can be neatly and safely placed in the space designated. Under no circumstance will any materials be accumulated to the point where they become a fire, sanitation, security, or housekeeping hazard. Clothing Civilian clothing (i.e. clothing not issued to the inmate by the Bureau or purchased by the inmate through the Commissary) ordinarily is not authorized for retention by the inmate. Pre-release civilian clothing for an inmate may be retained by staff in the Receiving and Discharge area during the last 30 days of an inmate’s confinement. All inmates are prohibited from wearing any clothing not government-issued or purchased in the Commissary. No inmates may be issued, permitted to purchase, or have in their possession any blue, black, red, or camouflage clothing or cloth items. Commissary sales of clothing are limited to the following colors: Only gray and/or white clothing may be sold in institutions for males and only pastel green, gray, and/or white may be sold in institutions for females. The only exception is for religious headgear. All government clothing, except undergarments will be tagged with a label indicating the inmate’s name and registration number. These items are to be neatly stored in the identified storage space provided. Individual washcloths and towels are issued to inmates. Representative authorized footwear/shoes may include: work (1 pr.), shower (1 pr.), athletic/specialty (1 pr. – black, white, grey, or a combination thereof with a maximum value of $100.00), slippers (1 pr.), and casual (1 pr.). Footwear will be placed neatly under the bed. Commissary/Special Purchase Items These items are authorized to the point they can be contained in the storage area provided for personal property. Letters, Books, Photographs, Newspapers, and Magazines An inmate will be limited in the number of letters, books, photographs, magazines, and newspapers that can be stored in their designated storage space. Nothing is to be tacked, stapled or scotch taped to any surface except to bulletin boards. Ordinarily, photographs, particularly those of family and friends, are approved, since they represent meaningful ties to the community. A personal photograph is defined as a photograph intended for individual viewing, as opposed to a photograph published for commercial use. Personal photographs may be stored or displayed in the housing units according to local sanitation and housekeeping guidelines. Inmates may not retain Polaroid photos. Nude or sexually suggestive photos (individual prints or copies as opposed to those from publications) present special concerns about personal safety, security, and good order, particularly when the subject is an inmate’s relative, friend, or acquaintance or could reasonably be perceived as such. For these reasons, an inmate may not be permitted to retain, receive, or possess a personal photograph in which the subject is partially nude or nude, or when the photograph depicts sexual acts such as intercourse, fellatio, or sodomy. These materials will be returned to the sender upon receipt at the institution.
6
Legal Materials Staff may allow an inmate to possess legal materials in accordance with the provisions on inmate legal activities. Hobbycraft Materials Staff shall limit an inmate’s hobby shop projects within the cell or living area to those projects which the inmate may store in designated personal property containers. Staff may make an exception for an item (for example, a painting) where size would prohibit placing the item in a locker. This exception is made with the understanding that the placement of the item is at the inmate’s own risk. Staff shall require that hobby shop items be removed from the living area when completed. Radios, MP3 Players, and Watches An inmate may possess only one approved radio or MP3 player, and watch at a time. The inmate must be able to demonstrate proof of ownership. An inmate who purchases a radio, MP3 player, or watch through a BOP commissary is ordinarily permitted the use of that item at any BOP institution if the inmate is later transferred. If the inmate is not allowed to use the radio, MP3 player, or watch at the new institution, the inmate shall be permitted to mail, at the receiving institution's expense, the item to a destination of the inmate’s choice. Where the inmate refuses to provide a mailing address, the radio, MP3 player, and/or watch may be disposed of through approved methods, including destruction of the property. The MP3 player can be managed through TRU-Units. This service allows inmates to manage the player and to purchase non-explicit music. Jewelry Inmates may have a plain wedding band and an appropriate religious medallion and chain without stones. Smoking Inmate smoking is prohibited in all BOP facilities. Quarters Rules In order to minimize maintenance costs, permit uniform inspection, search procedures, and maintain orderly congregate living, the institution has imposed reasonable regulations on inmate conduct and furnishings in housing units. Unit Officers and Counselors inspect cells daily and publish individual ratings of appearance. The rules include items such as: All beds are to be made daily in the prescribed manner. If a cell or room is not acceptable, disciplinary action will be taken. At no time will a mattress be removed from a bunk and placed on the floor. No blankets/sheets or any other article may be hung over the entrance door or windows. Staff must be able to visibly inspect each individual’s cell from the outside at all times. Unit meal rotation is ordinarily based on weekly sanitation ratings of each unit. Each inmate is responsible for the cleaning and sanitation of his cell. The unit with the highest sanitation is called first, and the unit with the lowest rating is called last. Room or cell doors are closed when inmates are not in them. Inter-room cell visitation is not allowed 7
in the units. Non-cell occupants are not allowed. Social interaction with other inmates may be conducted in common areas of the unit. Sexually suggestive photographs are NOT authorized for display outside of the individual locker or cabinet. Provocative pictures, posters, cartoons, and any items cut out of magazines may not be displayed on the bulletin boards or in any cell or dorm. Showers are available every day, but inmates may not be in the shower during an official count. Food Service workers and others with irregular work shifts may shower during the day as long as showering does not interfere with the cleaning of the unit. Removal of food from the dining room is not permitted, except for snacks for approved diabetics. Safety shoes must be worn on the job, including orderly positions in the unit. Tennis shoes and loafers are not authorized in work areas. Shoes or sneakers may be worn in the dining room area. Unit televisions may be viewed during established off-duty hours. During normal working hours, unit televisions may be viewed at the discretion of staff. Individual chairs may not be left unattended in the common areas, nor may chairs having markings other than the room number. No chairs are allowed on the tiers. Inmates may play cards and approved games during established hours, providing appropriate noise levels are maintained. Wake-up A general wake-up for all inmates is 6:00 a.m. It is the inmate’s responsibility to leave the unit for meals and work. Late sleepers who are unable to maintain rooms or arrive at work on time are subject to disciplinary action. On weekends and holidays, wake-up and breakfast will begin at 7:00 a.m. CLOTHING EXCHANGE & LAUNDRY Issued clothing, linen, towels, etc., are exchanged on a one-for-one basis at the Laundry Room. The schedules for exchange are posted in the unit bulletin boards and laundry. FCC Tucson allows inmates to retain additional items of personal clothing, i.e., recreation T-shirts, shorts, and socks. In those cases, the inmate may wash their personal items in laundry equipment located in the housing unit. Institutions issue clothing to the inmate population that is properly fitted, climatically suitable, and presentable. Institutions will furnish each inmate with sufficient clothing to allow at least three changes of clothes weekly. Institutions establish local procedures to account for the initial issue of Government-furnished items to inmates and for their return before release. Government-issued clothing will not be altered or disfigured in any manner. Examples include, but not limited to, the following: converting pants to shorts, pleats, cutting off shirt sleeves, defacing clothing, etc. An inmate found to have destroyed government property may receive an Incident Report and appropriate disciplinary action will be taken.
8
Each institution has established local procedures for replacing lost, damaged, or clothing that does not properly fit. Additionally, you may contact the Trust Fund Department for guidance or questions related to the Laundry/Clothing operation. The institution may provide clean clothing in several ways: access to self-serve washers, a centralized laundry, or a combination of the two. COMMISSARY The BOP maintains inmates’ monies (Deposit Fund) while incarcerated. The purpose of the Deposit Fund is to provide inmates the privilege of obtaining merchandise and services either not provided by the BOP or a different quality than that provided by the BOP. An inmate may use funds in their account to purchase items at the institution commissary, place funds on their inmate phone account, purchase TRU-Units for their TRULINCS account, or send funds by creating a BP-199. Inmates may not be in possession of cash at any time. Upon release, all Trust Fund accounts will be consolidated and placed on an Inmate Release Debit Card. Commissary and validation schedules are posted on the inmate bulletin boards. Funds are withdrawn after positive identification by commissary card or fingerprint identification. It is the inmate’s responsibility to know the amount of money available in his account. Inmates may verify their account balances by utilizing the TRULINCS or the inmate telephone (118+PAC). Inmates must have their commissary card in their possession at all times for identification purposes. Spending Limitations The National Spending Limit is 320.00 per month. FCC Tucson revalidates the entire inmate population bi-weekly on the 1st and the 15th of each month with $160.00. Deposits to Accounts U.S. Postal Service Inmates' families and friends choosing to send inmates funds through the mail must send those funds to the following address and in accordance with the directions provided below: Federal Bureau of Prisons Insert Valid Committed Inmate Name Insert Inmate Eight-Digit Register Number Post Office Box 474701 Des Moines, Iowa 50947-0001 The deposit must be in the form of a money order made out to the inmate's full committed name and complete eight-digit register number. Effective December 1, 2007, all non-postal money orders and non-government checks processed through the National Lockbox will be placed on a 15-day hold. The BOP will return to the sender funds that do not have valid inmate information provided the envelope has an adequate return address. Personal checks and cash cannot be accepted for deposit. The sender's name and return address must appear on the upper left-hand corner of the envelope to ensure the funds can be returned to the sender in the event that they cannot be posted to the inmate's account. The deposit envelope must not contain any items intended for delivery to the inmate. The BOP shall dispose of all items included with the funds.
9
In the event funds have been mailed but have not been received in the inmate's account and adequate time has passed for mail service to Des Moines, Iowa, the sender must initiate a tracer with the entity who sold them the money order to resolve any issues. Western Union Quick Collect Program Inmates' families and friends may also send inmates funds through Western Union's Quick Collect Program. All funds sent via Western Union's Quick Collect will be posted to the inmate's account within two to four hours, when those funds are sent between 7:00 a.m. and 9:00 p.m. EST (seven days per week, including holidays). Funds received after 9:00 pm EST will be posted by 7:00 am EST the following morning. Funds sent to an inmate through the Quick Collect Program may be sent via one of the following ways: 1) At an agent location with cash: The inmate's family or friends must complete a Quick Collect Form. To find the nearest agent, they may call 1-800-325-6000 or go to www.westernunion.com. 2) By phone using a credit/debit card: The inmate's family or friends may simply call 1-800-634-3422 and press option 2. 3) ONLINE using a credit/debit card: The inmate's family and friends may go to www.westernunion.com and select "Quick Collect". For each Western Union Quick Collect transaction, the following information must be provided: 1) Valid Inmate Eight-Digit Register Number (entered with no spaces or dashes) followed immediately by Inmate's Last Name 2) Committed Inmate Full Name entered on Attention Line 3) Code City: FBOP, DC Please note the inmate's committed name and eight-digit register number must be entered correctly. If the sender does not provide the correct information, the transaction cannot be completed. The Code City is always FBOP, DC. Each transaction is accepted or rejected at the point of sale. The sender has the sole responsibility of sending the funds to the correct inmate. If an incorrect register number and/or name are used and accepted and posted to that inmate, funds may not be returned. Any questions or concerns regarding Western Union transfers should be directed to Western Union by the sender (general public). Customer Service can be reached at (800) 238-5772, press 1, then 0. MoneyGram Express Payment Program Inmates' families and friends may also send inmates funds through MoneyGram’s Express Payment Program. All funds sent via MoneyGram’s Express Payment will be posted to the inmate's account within two to four hours, when those funds are sent between 7:00 a.m. and 9:00 p.m. EST (seven days per week, including holidays). Funds received after 9:00 p.m. EST will be posted by 7:00 a.m. EST the following morning. Funds sent to an inmate through the MoneyGram Express Payment Program may be sent via one of the following ways:
10
1) At an agent location with cash: The inmate's family or friends must complete a MoneyGram Express Payment Blue Form. To find the nearest agent, they may call 1-800-926-9400 or go to www.moneygram.com. For each MoneyGram Express Payment transaction, the following information must be provided: 1) Valid Inmate Eight-Digit Register Number (entered with no spaces or dashes), followed immediately by Inmate's Last Name 2) Company Name: Federal Bureau of Prisons 3) City & State: Washington, DC 4) Receive Code: Must always be 7932 5) Committed Inmate Full Name entered on Beneficiary Line Please note that the inmate's committed name and eight-digit register number must be entered correctly. If the sender does not provide the correct information, the transaction cannot be completed. Each transaction is accepted or rejected at the point of sale. The sender has the sole responsibility of sending the funds to the correct inmate. If an incorrect register number and/or name are used and accepted and posted to that inmate, funds may not be returned. 2) ONLINE using a credit, debit or prepaid card (Visa or MasterCard only): The inmate's family and friends can click on www.moneygram.com/paybills. Enter the Receive Code (7932) and the amount you are sending (up to $300). If you are a first time user you also must set up a profile and account. Any questions or concerns regarding MoneyGram Express Payment transfers should be directed to MoneyGram by the sender (general public). Questions or concerns should not be directed to the BOP. Commissary Fund Withdrawals Requests for Withdrawal of Inmate Personal Funds, BP-199 forms, will be processed weekly by Trust Fund, Inmate Accounts. Withdrawals are initiated in TRULINCS, Send Funds (BP-199) by the inmate. When the BP-199 is printed, it must be signed by the inmate in staff presence and hand delivered. The Supervisor of Education approves withdrawal requests for correspondence courses and materials for approved education programs. Unit Managers will approve all other withdrawal requests. Only an Associate Warden can approve inmate withdrawals of $500.00 or more. TRULINCS The Trust Fund Limited Inmate Computer System (TRULINCS) is the inmate computer network that provides inmates access to multiple services. At no time do the inmates have any access to the Internet. Inmate’s access dedicated TRULINCS workstations installed in various housing units and common areas to perform various functions using their register number, Phone Access Code (PAC), and Commissary Personal Identification Number (PIN). Inmate access to these workstations varies depending on the institution. Account Transactions – This service allows inmates to search and view their Commissary, telephone, and TRULINCS account transactions, as well as, view their Media List. 11
Bulletin Board – This service is used to supplement the use of inmate bulletin boards within the institution for disseminating information to the inmate population. Contact List - This service is used by inmates to manage their email address list, telephone list, and postal mailing list. Inmates also mark for print postal mailing labels within this service. If an email address is entered for a contact, TRULINCS sends a system generated message to the contact directing them to www.corrlinks.com to accept or reject email contact with the inmate prior to receiving any messages from the inmate. If a positive response is received, the inmate may begin exchanging electronic messages with this contact. If a contact rejects TRULINCS participation, the inmate is blocked from sending any messages to that email address. Law Library – This service allows inmates to perform legal research. Research Manage Funds – This service allows inmates to manage their personal funds by creating/canceling Requests for Withdrawal of Inmate Personal Funds (BP-199) and their PreRelease Account. Manage TRU-Units – This service allows inmates to purchase TRU-Units using available Commissary funds or transfer TRU-Units back to their Commissary account. Prescription Refill – This service allows inmates to request prescription refills via TRULINCS of self-carry medications that are ready for refill directly to the Pharmacy. Pharmacy staff will receive the prescription refill request and process the request accordingly. Inmates will follow established local procedures for picking up requested prescriptions. Print – This service allows inmates the opportunity to print various documents marked for print within TRULINCS. Mailing labels and BP-199 forms may be printed for free. All other documents can be printed at a cost. Public Messaging – Inmates may correspond with friends and family using public messaging. This is a restricted version of email that will only allow text messages and no attachments. There is a cost per minute fee for using this service. Messages are limited to 13,000 characters. Request to Staff – This service allows inmates to correspond with staff electronically. The list of available departments varies by institution; however, there is a standard DOJ Sexual Abuse Reporting mailbox available that provides inmate with an additional method to report allegations of sexual abuse and harassment directly to the Office of Inspector General (OIG). Survey – This service allows inmates to take Bureau surveys (i.e., Institution Character Profile). Inmate Telephone System –TRUFONE Each inmate will be provided a nine-digit Phone Access Code (PAC) for accessing TRUFONE; including instructions for use of this system. The PAC is confidential and should not be shared with other inmates. A replacement fee will be charged if a PAC is misplaced or compromised. In addition, each inmate will need to perform voice verification registration. Management of inmates’ telephone numbers is performed via the TRULINCS.
12
The hours of telephone operation begin at 6:00 am and end no later than 11:30 pm. Inmate access to telephones will normally be limited during the following times, Monday through Friday, not including holidays: 7:30 am until 10:30 am; and, 12:30 pm until after 4:00 pm count. Inmates are expected to be at their work assignments and must not use the telephone during their work hours. For inmates who work varied work shifts, at local discretion, institutions may leave one telephone per unit available for inmates on “days off,” or “evening shift.” Directions for use of TRUFONE are posted near the telephones. All calls are limited to 15 minutes. Telephone calls are subject to monitoring and recording by institution staff. Inmates are limited to 300 minutes per month and may be used for any combination of collect or direct dial calls. Ordinarily, inmates will be allowed an extra 100 minutes per month in November and December. Telephone rates are posted throughout the institution. TRUFONE credits are transferred using the TRUFONE system and must be done in even dollar amounts. The TRUFONE credits are deducted from an inmate’s commissary account and transferred to the TRUFONE account immediately. Transfers may be made from any telephone during operational hours. It is each inmate’s responsibility to verify the correctness of the amount transferred at the time of transfer. SECURITY PROCEDURES Attire Inmates will be in the proper uniform, (normally khaki pants and khaki shirt), Monday thru Friday, between 7:30 a.m. and 3:30 p.m. The uniform will be maintained in a neat and professional manner, with shirt tucked in and pants around the waist line. Other than approved religious headgear, hats will not be worn while indoors. Inmate Identification Cards Inmates are required to wear their identification cards at all times upon departing their assigned cell. The inmate identification card will be worn on the upper front torso, with the inmate’s picture clearly visible for staff to identify the inmate. Inmates will be issued an identification card upon arrival at the institution. Inmates are responsible for the care of these cards. Lost, stolen, or damaged cards must be replaced. Inmates will be charged a $5.00 replacement fee for a new card. Counts Official counts will ordinarily be taken at 12:00 midnight, 3:00 a.m., 5:00 a.m., 4:00 p.m., and 10:00 p.m. Other counts occur when deemed necessary. The inmate is expected to be standing at bedside during official counts held at 4:00 p.m. and 10:00 p.m., on weekdays and 10:00 a.m., 4:00 p.m., and 10:00 p.m. on weekends and holidays, and during any emergency count. Institutions with secure cell space are required to lock the inmates in their cells for all official counts, unless the inmates are on out-counts in areas such as Food Service, Health Services, Visiting, etc. Disciplinary action will also be taken against inmates for leaving an assigned area before the count is clear. The inmate must actually be seen at all counts, even if the inmate must be awakened.
13
Call-Outs Call-outs are a scheduling system for appointments (which include medical, dental, educational, team meetings, and other activities) and are posted each day on the unit bulletin boards after 4:00 p.m., on the day preceding the appointment. It is the inmate’s responsibility to check for appointments on a daily basis. Controlled Movement During non-working hours, movement throughout the institution will be regulated by a procedure called controlled movement. The purpose of controlled movement is to ensure all inmate movement is orderly when an institution pass system is not in effect. Controlled movement generally begins ten minutes before the hour and ends on the hour. Normally, these moves are a one way move; meaning, "in bound" or "out bound" move. During the movement period, normally ten minutes, inmates may move from an area of the institution to another without a pass or staff escort. The start and end of each movement period will be announced by staff. During workday evening hours, the first controlled movement usually will begin at the end of the evening meal. Inmates may travel to any unrestricted area of the institution during these hourly moves. On Saturdays, Sundays, and holidays, the first controlled movement will begin at the end of the morning meal. Contraband Items possessed by an inmate ordinarily are not considered to be contraband if the inmate was authorized to retain the item upon admission to the institution, the item was issued by authorized staff, purchased by the inmate from the commissary, purchased or received through approved channels (to include approved for receipt by an authorized staff member or authorized by institution guidelines). This ensures a safe environment for staff and inmates by reducing fire hazards, security risks, and sanitation problems which relate to inmate personal property. Contraband includes material prohibited by law, or by regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution. Staff shall consider as nuisance contraband any item other than hard contraband, which has never been authorized, or which previously has been authorized for possession by an inmate, but whose possession is prohibited when it presents a threat to security or its condition or excessive quantities of it present a health, fire, or housekeeping hazard. Examples of nuisance contraband include: personal property no longer permitted for admission to the institution or permitted for sale in the commissary; altered personal property; excessive accumulation of commissary, newspapers, letters, or magazines which cannot be stored neatly and safely in the designated area; food items which are spoiled or retained beyond the point of safe consumption; government-issued items which have been altered, or other items made from government property without staff authorization. Staff shall seize any item in the institution which has been identified as contraband whether the item is found in the physical possession of an inmate, in an inmate’s living quarters, or in common areas of the institution. An inmate may not purchase, give, or receive any personal property from another inmate. 14
Shakedowns The placement of metal detection devices throughout the institutions may be necessary for the control of contraband. A metal detector search may be done in addition to the pat search. Staff may conduct a pat search of an inmate on a routine or random basis to control contraband. Staff may also conduct a visual search where there is reasonable belief that contraband may be concealed on your person or a good opportunity for concealment has occurred. Finally, staff may search an inmate's housing and work area, and personal items contained within those areas, without notice, randomly, and without the inmate's presence. The property and living area will be left as close to the same conditions as found. Drug Surveillance / Alcohol Detection BOP facilities operate drug surveillance and alcohol detection programs which include mandatory random testing, as well as testing of certain other categories of inmates. A positive test, or refusal to submit a test, will result in an incident report. Fire Prevention and Control Fire prevention and safety are everyone’s responsibility. Inmates are required to report fires to the nearest staff member so property and lives can be protected. Piles of trash or rags in closed areas, combustible material, items hanging from fixtures or electrical receptacles, or other hazards will not be tolerated. Regular fire inspections are made by qualified professionals. PROGRAMS AND SERVICES Job Assignments All inmates, who have been medically cleared, will maintain a regular job assignment. Many job assignments are controlled through an Inmate Performance Pay (IPP) system, which provides monetary payment for work. Federal Prison Industries has a separate pay scale. The Correctional Counselor assigns work and approves all job changes. They also see that the changes are posted on the Daily Change Sheet. Due to need, Food Service is usually the first assignment an inmate receives upon arrival at the institution. UNICOR(FCI) FCI UNICOR is a recycling factory. Currently, UNICOR operates under a group pay system. The factory sustains an inmate employment of approximately 100 inmates. Hours of operation are 7:30 a.m. to 3:30 p.m., Monday through Friday. Each work day provides a 45 minute lunch break, for a total of 7.25 hours worked each day. UNICOR inmates’ pay rates begin at $.23 per hour for an entry level grade five position and graduate upward to $1.15 per hour for a grade one position. UNICOR offers such incentives as longevity pay, vacation credit, monthly incentive awards, and scholarship programs. Furth information regarding pay and benefits can be obtained from UNICOR staff. Inmates seeking employment with UNICOR must submit a completed application to their assigned Correctional Counselor for placement on the waiting list. Applications will be made available through unit staff. Assignments to UNICOR will be done on a first-come-first-serve basis; however, those inmates having previous UNICOR employment will be placed in the top 10% of the waiting list. Inmates who have a Stipulated Deportation Order and have been ordered deported will not be allowed employment in UNICOR. 15
INMATE FINANCIAL RESPONSIBILITY PROGRAM Working closely with the Administrative Office of the Courts and the Department of Justice, the BOP administers a systematic payment program for court-imposed fines, fees, and costs. All designated inmates are required to develop a financial plan to meet their financial obligations. These obligations may include: special assessments imposed under 18 USC 3013, court ordered restitution, fines and court costs, judgments in favor of the U.S., other debts owed the Federal government, and other court-ordered obligations (e.g., child support, alimony, other judgments). Institution staff assist in planning, but the inmate is responsible for making all payments required, either from earnings within the institution or from outside resources. The inmate must provide documentation of compliance and payment. If an inmate refuses to meet his or her obligations, the inmate cannot work for UNICOR nor receive performance pay above the maintenance pay level. He will also be placed in “refuse” status. As the result of being in refuse status, the inmate has a spending limit of only $25.00 monthly, can be placed in less desirable housing, will not be considered for any favorable requests, i.e. (vacations, furloughs, early release, etc.) and will score zero in responsibility on the progress report. These are a few examples of the sanctions that can be imposed as a result of being in refuse status. The status of any financial plan will be included in all progress reports, and will be considered by staff when determining Security/Custody level, job assignments, eligibility for community activities, and institutional program changes. The U.S. Parole Commission will also review financial responsibility progress at parole hearings. FOOD SERVICE The BOP offers a standardized National Menu. This menu is offered at all institutions and includes approved menu items based on standard recipes and product specifications. The National Menu offers regular, heart healthy and no-flesh dietary options. At the Warden’s discretion, items may be added to the National Menu by adding to a salad bar, hot bar, beverage bar (if these are part of the Food Service program) or by adding condiments such as sugar. Medical diets will be provided by mainline self-selection from the items available on the National Menu for that meal unless menu items fail to meet the medical requirement. Menu item replacements may not always be provided as inmates may have to avoid certain foods in the self-selection process; however, if a dietitian determines a Special Diet is required to ensure adequate nutrition, it will be provided by pre-plating or controlled plating. The religious diet program, called the Alternative Diet Program, consists of two distinct components: one component provides for religious dietary need through self-selection from the main line, which includes a no-flesh option. The other component accommodates dietary needs through nationally recognized, religiously certified processed foods and is available through the approval of Religious Services. Monday through Friday Meal Schedule: Breakfast Lunch Dinner
6:00 am – 7:00 a.m. 11:00 a.m. – 12:00 p.m. 5:00 p.m. – 6:00 p.m. 16
Weekends: Coffee Hour 7:00 a.m. – 8:00 a.m. Brunch 11:00 a.m. – 12:00 p.m. Dinner 4:30 p.m. – 6:00 p.m. Meal Time Procedures: During the normal work week, as well as weekends and holidays, the noon meal is served in order of work assignments and then the units are released to the dining hall. The order of service is based on a unit rotation. Mainline over is given at the completion of each meal. Upon “Mainline Over”, the dining facility will end serving of the meal and close in ten minutes. During meal service in the line, he may opt not to have an item served to him. This does not allow him to exchange it or give it to another person in the line, or receive double of another item. If an inmate wishes to exchange items with another individual, he must do so at his table. No radios, school books, newspapers, personal items or cups, are permitted in Food Service at any time, the only exception is condiments in its original containers and small amounts of legal mail. Removal of food from the dining room is not permitted, except for snacks for approved diabetics. MAINLINE DRESS CODE: Monday through Friday lunch meals: Institution issued uniform No headwear Shirts/t-shirts tucked in Morning and Evening Meals and Weekends: Leisure clothing may be worn No sandals, shower shoes or slippers No headwear Shirts/t-shirts tucked-in EDUCATION The mission of Education/Recreation Services is to provide mandatory literacy and English-as-aSecond Language programs as required by law, as well as other education/recreation and related programs that meet the needs and interests of the inmate population, provide options for the positive use of inmate time, and enhance successful reintegration into the community. Education opportunities provided for Federal inmates include General Equivalency Diploma (GED) and ESL programs, as required by law. Various nationally recognized tests will be used to place inmates in appropriate education programs. Inmates must perform to the best of their abilities on exams for appropriate placement in class. English-As-A-Second Language Program (ESL) The English-as-a-Second Language (ESL) Program is mandatory as stated in Program Statement 5350.24 who are non-English speaking inmates. Inmates are required to attend an ESL program until they function at the equivalence of the eighth grade level, as measured by a score of 225 on the ESL 17
CASAS Level C Reading Certification test, and a score of 215 on Level B or C of the Listening Comprehension test. General Education Development Program The GED Program seeks to help student’s at all academic levels. Inmates who do not have a GED credential or a high school diploma are required to complete one mandatory period of at least 240 instructional hours of school or to achieve a GED credential, whichever comes first. Inmates will be administered the Test of Adult Basic Education (TABE), or the Spanish Assessment of Basic Education (SABE), upon arrival into the institution if verification cannot be completed. Inmates who score lower than 5.0 on the placement test will be enrolled in the Literacy Program in the Special Learning Needs class. Once the inmate has achieved an 8.0 in each of the six (6) TABE sub-tests or in each of the four (4) SABE sub-tests, the inmate will be placed in the advanced level of the Literacy Program. The Literacy class prepares inmates for the Official GED examination. The five (5) areas of the exam are Writing Skills, Social Studies, Science, Reading, and Mathematics. In addition, a written essay on an unknown topic is required. The GED exam is sponsored by the American Council on Education and is nationally recognized. Those passing the exam receive their certificate from the State of Arizona. Literacy Requirements for VCCLEA/PLRA Congress has mandated the Bureau of Prisons to implement the provisions of both VCCLEA (Violent Crime Control and Law Enforcement Act) and PLRA (Prison Litigation Reform Act) effective November 3, 1997. The VCCLEA mandates that an inmate whose offense was on or after September 13, 1994, but before April 26, 1996, and who lacks a high school diploma, MUST participate in and make satisfactory progress toward attaining a GED to vest earned Good Conduct Time (GCT). The PLRA provides that, in determining GCT awards, the Bureau shall consider whether or not an inmate with a date of offense on or after April 26, 1996 and who lacks a high school diploma participates and makes satisfactory progress towards attaining a GED in order to be eligible to earn the maximum amount of GCT. Inmates who do not have a verified GED or high school diploma, who are VCCLEA or PLRA, must enroll in class for 240 instructional hours. An inmate shall NOT receive approval to voluntarily withdraw from the Literacy Program until he/she completes at least 240 instructional hours in that program. All VCCLEA or PLRA inmates are required to participate in and make satisfactory progress toward completing the Literacy (GED Standard) Program. An inmate makes satisfactory progress unless one of the following occurs:
The inmate refuses to enroll in the literacy program. The inmate withdraws from the literacy program. The inmate is found to have committed a prohibited act that occurred in a literacy program. The inmate exhibits negative and continued poor performance, and no longer participates at a satisfactory level while enrolled in the literacy program.
Pretrial inmates in holdover status, inmates committed for the purpose of a court ordered study and observation, or sentenced aliens with a deportation detainer are exempt from attending the Literacy Program. However, a sentenced VCCLEA alien and a sentenced PLRA alien with a deportation detainer must participate and make satisfactory progress in the Literacy program to earn the maximum amount of GCT. A sentenced deportable alien does not need to participate in the literacy program if he/she is assigned a Public Safety Factor ‘H’ status of “Alien” (see the Security Designation and Custody Classification Manual). Criminal aliens who are subject to a confirmed final order of deportation exclusion or removal will be exempted from the Good Conduct Time Provision of VCCLEA/PLRA. It must be confirmed that the inmate is assigned with a Case Management 18
Activity (CMA) assignment of “IHP CMP WD”, “IHP CMPWDE”, or “IHP CMPWDI”. Inmates who are eligible for District of Columbia Educational Good Time (DCEGT) can earn DCEGT for participating, but not completing GED, ESL and marketable level occupational training programs. While enrolled in the qualifying education program, inmates will earn DCEGT credit. However, DCEDGT credit will show up on their sentence computation when they complete or withdraw from the qualifying program. Special note on GED scores: A new English GED test will be launched on January 1, 2014. A new Spanish GED test will follow later. Once a new GED test is issued, scores from the current GED test cannot be combined with the new test. If inmates have taken the English GED test between January 1, 2002, and now, they are strongly encouraged to see the education staff and retake the GED test before December 31, 2013. English GED scores from the current GED test will no longer be valid. The new GED Test will be taken on the computer. Inmates are strongly encouraged to enroll in a keyboarding or typing course, when offered. Inmates with a Verified High School Diploma In order to obtain a realistic and accurate assessment of an inmate’s skill levels, a demonstration of literacy attainment must be verified for inmates with a high school diploma. Even though current policy accepts a high school diploma for custody classification, good time credits, education programs, etc., a high school diploma does not necessarily certify an inmate is literate. Inmates who have a high school diploma are encouraged to submit a cop-out to the Education Department to request to sign-up for the Tests of Adult Basic Education (TABE) to validate their reading, language, and math computation, as well as applied math. Inmates with an Associate’s Degree or higher post-secondary degree are exempt from TABE testing. The purpose of the TABE is to ensure inmates have sufficient language and math skills to pursue post-secondary education studies and/or obtain a job in the community. Mastery of the reading, language, and math skills from the TABE is part of inmates’ reentry plan documented in the Inmate Skills Development System (ISDS). In the Academic section of the ISDS, the inmate will not be scored/rated green (indicating demonstration of literacy skills) and should be scored/rated yellow (indicating unknown) until he/she scores a 9.0 or higher on TABE A or D. Incentive Program Students passing the GED test will be awarded $25.00. This will be credited to the inmate’s account. Students enrolled in the ESL Program who pass the CASAS Level C Reading Certification test with a 225 (equivalent to an eighth grade ESL level) and achieve a score of 215 in Form B or C of the Listening Comprehension Survey Achievement Test will be awarded $15.00. Inmate Performance Pay is regulated by the inmate’s level of education. Those not having a verified GED/High School Diploma will be restricted to Grade 4 compensation. A graduation ceremony will be held annually for all GED, ESL, GOALS, Vocational Training, and Apprenticeship graduates. Every month, the Education Department recognizes a “Student of the Month.” Individuals nominated will be from the Literacy Program and will be nominated by all teachers with the final selections being made by the Supervisor of Education. The individual selected will receive a consumable award.
19
INEA-Mexican High School Diploma Program Students can have concurrent enrollment in GED literacy and in INEA- Mexican High School Diploma Program. The Mexican Consulate offers certificates in primary and secondary education through our Education Department. The Mexican curriculum is a voluntary program open to any student wishing to receive accreditation from the Mexican Government in either program. Re-entry Programs The Education Department offers a variety of re-entry classes to assist offenders in making a productive reintegration into society. Please check the release preparation calendar for the current list of classes. The career counseling program is a component of the pre-release program and designed to do the following:
Assist inmates to achieve individual goals Increase the opportunities for post-release success Receive professional training from guidance counselors Establish a credible and viable guidance counseling program within each federal correctional institution Work as an integral component of all departments within the institutions for the improvement of inmate work, educational and occupational/vocational programs.
If you are interested in this program, submit a TRULINCS email or request to staff form to the Re-entry Coordinator. Adult Continuing Education Program (ACE) FCC Tucson offers a variety of Adult Continuing Education classes. ACE courses cover a wide range of topics and have been developed to provide interested inmates with an appropriate way to utilize leisure time while learning. These courses are inmate taught and enrollment is on a voluntary basis. Please check the current activity calendar for the list of ACE classes and submit an Inmate Request to Staff to participate. You will need to view the call out daily to see if you have been enrolled. Correspondence Classes Inmates are encouraged to expand their knowledge through a variety of methods including correspondence courses. In general, inmates are permitted to enroll in any correspondence course that involves only paper and pencil. Courses requiring the use of any equipment are generally not authorized. The cost for correspondence courses must be borne by the inmate. If an inmate has sufficient funds available in his commissary account, a Form 24 may be used for payment. Inmates interested in enrolling in correspondence courses are required to contact the Education Post-Secondary Education Coordinator prior to enrollment. Course catalogs are available from the PSE coordinator. The following rules will apply (as well as all BOP policies, rules, and procedures:
You must have ALL textbooks and associated written materials sent to the Education PSE Coordinator. You will be financially responsible for all costs associated with the college/PSE class (i.e., postage, materials, exam fees, etc.). No video, audio or electronic devices will be allowed without prior approval from PSE Coordinator and SOE. You will NOT be permitted to use a computer or access the internet for your course work. No CDs or other computer data devices will be allowed.
20
Parenting Program The Education Department is committed in making its educational programs valuable to all inmates and will continue with innovation that increases the quality, efficiency, and effectiveness of its programs. The Department is helping inmates to better cope with being incarcerated and raising a family simultaneously. Each inmate will have the opportunity to learn how to counteract the negative family consequences resulting from his incarceration. Social Services and community based organizations will be included in the Parenting Program. -DEPARTMENT OF LABOR APPRENTICESHIP PROGRAMSThe following entrance standards are required to be eligible for the below list of Apprenticeship programs: 1. 2. 3. 4.
Must have a high school diploma or GED. Must have a minimum of five years remaining to be served at FCC Tucson. Must have medical and safety clearance. Must work in the in the specific trade as a full-time work assignment.
Electrical Apprenticeship (FCI, USP) An Electrical Apprenticeship Program is available through the Education Department and Mechanical Services. This program is a full-time job assignment in the Electric Shop. This 8000 hour Apprenticeship Program is limited to a maximum of ten apprentices. The Apprentices are trained by the Electricians. The Electrical Apprenticeship Program is accredited by the Bureau of Apprenticeship and Training, U.S. Department of Labor. HVAC Apprenticeship (FCI) An HVAC Apprenticeship Program is available through the Education Department. This program is a full-time job assignment in the Heating and Air Conditioning shop. This 8000 hour apprenticeship program is limited to a maximum of five Apprentices. The Apprentices are trained by the HVAC foreman. The HVAC Apprenticeship Program is accredited by the Bureau of Apprenticeship and Training, U.S. Department of Labor. Plumbing Apprenticeship (FCI) A Plumbing Apprenticeship Program is available through the Education Department and facilities. This program is a full-time job assignment in the Plumbing Shop. This 8000 hour Apprenticeship Program is limited to a maximum of ten apprentices. The Apprentices are trained by the Plumbing foreman. The Plumbing Apprenticeship Program is accredited by the Bureau of Apprenticeship and Training, U.S. Department of Labor. Cook/Baking Apprenticeship (FCI & USP) Cook and Pastry Cook Apprenticeship Programs are available through the Education Department and Foodservice. This program is a full-time job assignment in foodservice or the foodservice bakery. The following entrance requirements have been established: 1. The Apprentice must have a GED or a high school diploma. 2. The candidate for Apprenticeship must be working for at least 6 months in the trade to be an apprentice. 3. Inmates wishing to enroll in the Apprenticeship Program will submit a cop-out to food service first for initial approval. 4. All approved cop-outs will be forwarded to the Vocational Training Instructor for final approval. The 6420 hour apprenticeship programs are accredited by the Bureau of Apprenticeship and Training, U.S. Department of Labor. -OTHER VOCATIONAL TRADES PROGRAMS21
The following entrance standards are required to be eligible for the below list of VT programs: 1. 2. 3. 4.
Must have a verified GED or High School Diploma. Must be cleared to work in Food Service. Must have a minimum of 2 years remaining to be served at FCC Tucson. Must have 365 days of clear institutional conduct.
The Custodial Maintenance Course (USP) The Custodial Maintenance Course prepares students to clean public and private buildings in a clean and orderly fashion. This class will be 100 hours of classroom instruction and a minimum of 20 hours hands-on experience. Among other topics, students will learn how to sweep and scrub hallways and stairs, empty trash and garbage containers, wash windows, clean carpets, wax and buff different floor services, and notify management concerning a need for repairs. Each student must have at least 1 year remaining on his sentence and must not be enrolled in any other VT or Certificate program. Must have 365 days of clear institutional conduct. Other requirements may apply. Basic Baking Fundamentals (FCI and USP) The Basic Baking Fundamentals Course offered by FCC Tucson is a quality assurance program with the American Culinary Federation. This course is a 100 hour course introducing the theory and practice of operating a bakery or pastry shop. A certificate will be awarded upon successful completion (attendance and participation). Advanced Baking (FCI, USP) The Advanced Baking Course will prepare the students for intermediate level jobs in bakery and pastry production. The course is 100 hours and will be a combination of hands on instruction, as well as classroom work, which will enable the student to enter into the field of Culinary Arts. In addition to the standard requirements, you must also have successfully completed the Basic Baking program as a prerequisite. SERVE SAFE (USP, FCI, & CAMP) The Servsafe Course is designed to give students an overview of basic sanitation and safety procedures used in the food service industry. Upon completing 100 hours and receiving a 75% or higher on the National exam, you will receive the Servsafe Certification valid for 5 years. National Restaurant Association Education Foundation Manage First Program (NRAEF) (USP, FCI, & CAMP) This is a 100 hour course consisting of two 50 hour classes designed to inform students of the theory and practice related to food service and to give a basic overview of nutrition and the vital role it plays in the food service industry. You must complete both the Food Cost Control class and the Food Service Nutrition class to receive the 100 hour credit. Upon completion and receiving a 75% or higher on each National exam, you will receive the NRAEF Certificate. Business & Accounting Certificate Program (USP, FCI, CAMP) The Business & Accounting Certificate Program consists of five (5) college level classes offered by Pima Community College. Each course consists of two classes totaling 100 hours and six (6) college credits that are transferrable. The classes include: I. Business Basics I Certificate: In this course, you will learn about Human Relations in Business and Small Business Management. Must have a minimum of 2 years remaining to be served at FCC Tucson. Must have a verified GED or High School Diploma
22
II. Business Communications Certificate: You will be introduced to Business English and Business Communications. Must have a minimum of 2 years remaining to be served at FCC Tucson. Must have a verified GED or High School Diploma. III. Accounting I: Students will learn the two types of accounting, Financial and Managerial. Must have a minimum of 2 years remaining to be served at FCC Tucson. Must have a verified GED or High School Diploma. Must have completed the Exploratory Accounting class with a minimum of 75%. IV. Accounting II: This course is the next level up from Accounting I, you will begin Intermediate Accounting I and II. Must have a minimum of 2 years remaining to be served at FCC Tucson. Must have a verified GED or High School Diploma. Must have completed Accounting I Certificate with a minimum of 75%. V. Exploratory Accounting: This is a 40 hour non-college credit class that will introduce and give an overview of the basics of accounting. Must have a minimum of 1 year remaining to be served at FCC Tucson. Do not have to have GED or High School Diploma. Law Library The Complex’s electronic law libraries are located at the FCI, USP and Camp. Also, the USP and FCI SHU both have an electronic law library. Inmates in Administrative Detention and Disciplinary Segregation shall submit a request to the Officer-in-Charge to use the electronic law library at the FCI and USP. Inmates will use their phone access code number (PAC), Commissary Personal Identification Number (PIN), and Registration Number to utilize the electronic law library. PIN and PAC numbers are available from Trust Fund Staff. Inmates who do not have access to a TRULINCS printer will complete both an “Inmate Request for TRULINCS Print Form and a paper BP-199.” USP/FCI inmates will forward a completed BP-199 and this form to the Unit Team for copies. An inmate library assistant is available during open hours to assist others with locating materials. Typewriters are also available. Typewriters in the library are for typing legal materials only. Legal materials may not be left in the library. Typing ribbon, correction tape, and paper are available at the Commissary for purchase. If an inmate is verified through Trust Fund and on the indigent list, he may check out a typewriter ribbon and correction tape for legal work only. A photocopy machine is located in the library. The inmates at the USP/FCI/CAMP will have the opportunity to check out a Neo. A Neo is an electronic word processor that can be used for typing legal or personal material that can be printed in the Leisure Library. Inmates must use their own paper, which can be purchased in Commissary. Once the Neo is checked back in, all files will be deleted. NO files will be saved on the word processor. There may be occasions when inmates have a court-ordered deadline for submitting legal work. In this event, the inmate must make a request in writing to his Unit Manager. The inmate and the Unit Manager will determine how much time is needed to complete the legal work. The Unit Manager will then prepare a memorandum for the Associate Warden's signature that specifies the days and times that the inmate will be released from his job to complete the legal work in the Education Department. A copy of this authorization will be sent to the Education Department. For inmates in The Special Housing Unit, all educational and leisure materials are available upon request. Requests may be made with a “cop-out” or by asking Education when rounds are made. Leisure Library The Leisure Library contains newspapers, magazines, reference materials, and general circulation books. Newspapers, magazines, and reference books may ONLY be used in the library. Inmates may check out two books at a time for fourteen (14) days. It is very important that books are checked out with the inmate clerk or a staff member. FCC Tucson participates in an inter-library loan program with Pima Community College, West Campus. Inmates may request books that are not in our 23
collection by filling out a loan request form. Books from the Inter-Library Loan Program are picked up and returned twice a month. Books not returned on or before the due date will result in disciplinary action for the inmate. No food or drinks are permitted in the Leisure or Law libraries. The Leisure Library and Law Library Hours: SPC: Leisure Library Hours: Monday through Sunday
8:00am-10:30am; 12:00am-3:30pm; 5:00pm-9:00pm
SPC Electronic Law Library is located in the housing unit. FCI: Monday through Friday Saturday and Sunday Law Library Hours: Monday through Friday Monday through Thursday Saturday Sunday
12:30pm-3:30pm; 6:00pm-8:30pm 7:30am-9:30am; 12:30am-3:30pm; 6:00pm-8:30pm 7:30am-11:15am; 12:30pm-3:30pm 6:00pm- 8:30pm 7:30am- 9:30am; 12:30am-3:30pm CLOSED
USP: Monday through Thursday Friday Saturday & Sunday
8:00am-10:00am; 1:00pm-3:30pm; 5:35pm- 8:30pm 8:00am-10:00am; 1:00pm-3:30pm 8:00am- 9:30am; 12:00pm-3:30pm
Closed on Federal Holidays RECREATION, LEISURE, WELLNESS, AND SOCIAL PROGRAMS The BOP encourages inmates to make constructive use of leisure time and offers group and individual activities. At each facility, physical fitness and leisure programs are provided to promote positive lifestyle changes. These programs strive to provide inmates with opportunities to reduce stress and enhance overall health and emotional well-being. Leisure Programs Institutions offer a wide range of activities in which inmates may participate when not performing assigned duties. Leisure activities include: organized and informal games, sports, physical fitness, table games, hobby crafts, music programs, intramural activities, social and cultural organizations, and movies. Art and Hobby Craft Programs Art work includes all paintings and sketches rendered in any of the usual media (e.g., oils, pastels, crayons, pencils, inks, and charcoal). Hobby craft activities include models, crochet, knitting, mini sticks, beading, origami etc. Art and hobby craft programs are not meant for the mass production of art and hobby craft items or to provide a means of supplementing an inmate’s income. Use of hobby craft facilities is a privilege that the Warden or staff delegated that authority may grant or deny. Inmates are encouraged to participate in housing unit activities such as unit-based hobby craft. The Recreation Supervisor will coordinate housing unit activities with Unit Managers. 24
Wellness Programs Wellness programs include screening, assessments, goal setting, fitness/nutrition prescriptions and counseling. Recreation and Zimmer The Zimmer Amendment was passed in 1996. The amendment does not allow for the BOP to use appropriated and non-appropriated funds to provide amenities or personal comforts in the Federal Prison System. Specifically, institutions activated prior to 1996 through attrition, will conform to the guidelines set by the law. The main sections of Zimmer address: (1) viewing of R, X, or NC-17 movies; (2) instruction or training for boxing, wrestling, judo, karate or other martial arts or any body building or weightlifting equipment; and (3) electronic or electric instruments. Consequences for Rules Violation in Recreation Inmates are strongly encouraged to participate in recreation activities. However, when inmate behavior violates established rules, consequences may include an incident report and/or suspensions from programs. RELIGIOUS SERVICES The Religious Services Department provides pastoral care and religious accommodation to support the religious beliefs and practices of inmates in accordance with the law, Federal regulations, and BOP policy. BOP Chaplains also oversee the religious diet program, ceremonial religious meals and religious holiday observances. All Chaplaincy Services’ programming is directed to promote BOP reentry goals. The Life Connections and Threshold programs highlight our faith-based reentry priorities. Family Emergencies An inmate’s family may telephone the institution in family emergencies (death or hospitalizations). An emergency report must be verified with community officials by institution staff before the inmate is notified. The main numbers to the institutions are as follows (USP & Camp - 520/663-5000) and (FCI 520/574-7100). These numbers can be sent home to your families in case of a family emergency. An emergency normally constitutes hospitalization or death of an immediate family member. PSYCHOLOGY SERVICES Psychology Services departments in all BOP institutions offer basic mental health care to inmates. This care may include screening, assessment and treatment of mental health or drug abuse problems, individual and/or group counseling, psycho-educational classes, self-help and supportive services, or referral to Health Services for medical treatment of a mental illness. In addition, Psychology Services staff, along with other programming staff in the institution, collaborate with your Unit Team to develop a comprehensive assessment of your strengths and weaknesses. Based on this assessment, Psychology Services will offer programming recommendations specific to your psychological needs. These recommendations are designed to ensure your successful adjustment to incarceration and prepare you for your eventual release. We encourage you to participate actively in the assessment process. 25
If mental health or drug abuse programming is recommended for you, Psychology Services staff will provide ongoing feedback to you and your unit team regarding your progress toward these programming goals. If you are new to the BOP, or if you have previously identified mental health or drug abuse programming needs, you will be scheduled for an interview with Psychology Services staff. The purpose of this interview is to review your history and identify your programming needs. This interview is an ideal time for you to share your interest in specific services, such as drug abuse treatment or mental health counseling. There are a number of ways to contact Psychology Services at this institution. You may: ·
Submit an Inmate Request to a Staff Member (a “Cop-out”) to Psychology Services.
·
Speak with a Psychology Services staff member during mainline or as they make rounds in your unit.
·
Or in the case of a crisis situation, notify your Unit Officer, Unit Team, or any other BOP staff member of your urgent need to speak with Psychology Services.
Suicide Prevention Incarceration can be a difficult experience. At times, you may feel discouraged, frustrated, and helpless. It is not uncommon for people to experience depression while in jail or prison, especially if they are newly incarcerated, serving a long sentence, experiencing family problems, struggling to get along with other inmates, or receiving bad news. Over time, most inmates successfully adapt to incarceration and find ways to use their time productively and meaningfully. However, some inmates continue to struggle with the pressures of incarceration and become overwhelmed by a sense of hopelessness. If you feel a sense of hopelessness or begin thinking about suicide, talk to a staff member. Help is available and actively seeking help is a sign of your strength and determination to prevail. If you feel you are in imminent danger of harming yourself or someone else, you should contact a staff member immediately. In addition, if you suspect another inmate is contemplating suicide, please notify a staff member. Staff do not always see everything inmates see. And, most suicidal individuals display some warning signs of their intentions. PLEASE alert a staff member right away if you suspect a fellow inmate is considering suicide. The most effective way to prevent another person from taking his or her life is to recognize the factors that put people at risk for suicide, take warning signs seriously and know how to respond. The warning signs of suicide may include: · threatening to hurt or kill oneself or talking about wanting to hurt or kill oneself · feeling hopeless · feeling rage or uncontrolled anger or seeking revenge · increased alcohol or drug use · withdrawing from friends, family, associates · experiencing dramatic mood changes · feeling anxious or agitated, being unable to sleep, or sleeping all the time · seeing no reason for living or having no sense of purpose 26
If your friend, cellmate, coworker, or associate is exhibiting these signs, start by telling the person you are concerned and give him/her examples of what you see that worries you. Listen and encourage the person to seek help. If they are hesitant, offer to go with them to speak to a staff member. If you are not confident they will seek help, notify a staff member yourself. Seeking help for a person in distress isn’t “snitching”, it is showing concern for the welfare of a fellow human being. If you report your concerns to staff, you can rest easy knowing you did everything within your power to assist the individual. Drug Abuse Programs Drug abuse programming is available in all BOP institutions. The BOP offers a drug education course as well as treatment options for inmates who have abused alcohol and/or drugs. Drug Abuse Education Course The Drug Abuse Education Course is not drug treatment. The purpose of the course is to encourage you to review the consequences of your choice to have drugs in your life, to look at the relationship between drug use and crime, and to begin to think about how different your life could be without drugs. Looking at your drug involvement in this way may motivate you to ask for drug abuse treatment. If your pre-sentence report documents a prolonged history of drug use, evidence that alcohol or drug use contributed to the commission of your offense, a judicial recommendation for treatment, or a violation of community supervision as a result of alcohol or drug use, you are required to take the Drug Abuse Education Course. Failing to take this required course results in your ineligibility for performance pay above maintenance pay level, as well as ineligibility for bonus or vacation pay. You will also not be eligible for a Federal Prison Industries work program assignment. If you are not sure what this means, you may want to ask your counselor. The Drug Abuse Education Course is available in every BOP institution. If you are required to complete the course, your name will automatically be placed on the waiting list for the course. When it is time for you to complete the course, Psychology Services staff will contact you. If you would like to enroll in the course, but are not required to participate, you may submit an Inmate Request to a Staff Member (a “Cop-Out”) in order to place your name on the waiting list for the course. Nonresidential Drug Abuse Treatment Nonresidential Drug Abuse Treatment is also available in every Bureau institution. Nonresidential Drug Abuse Treatment has been developed to provide the flexibility necessary to meet each individual’s treatment needs, and more specifically for: · · · · ·
inmates with a relatively minor or low-level drug abuse problem, inmates with a drug use disorder who do not have sufficient time to complete the intensive Residential Drug Abuse Treatment Program (RDAP), inmates with longer sentences who are in need of treatment and are awaiting placement in the RDAP, inmates with a drug use history who chose not participate in the RDAP, but want to prepare for staying sober in the community, and inmates who completed the unit-based portion of the RDAP and are required to continue 27
treatment until their transfer to a Residential Reentry Center (half-way house). Program completion awards are only available for those who complete the program. If you are interested, ask the institution’s drug abuse treatment staff for more information on these awards. Residential Drug Abuse Treatment The RDAP provides intensive drug abuse treatment to inmates diagnosed with a drug use disorder. Inmates in the residential program are housed together in a treatment unit that is set apart from the general population. Treatment is provided for a minimum 9 months; however, your time in the program depends on your progress in treatment. To apply for the RDAP you must send an Inmate Request to a Staff Member (a “Cop-Out”) to obtain an interview for the program. First, staff will screen your pre-sentence report to determine if there is any documentation indicating that you have a pattern of drug abuse or dependence. If so, you will be referred to the Drug Abuse Program Coordinator for an interview to determine if you meet the diagnostic criteria for a substance use disorder. Inmates who are diagnosed with a drug use disorder are qualified for the RDAP and are admitted to the program based on their nearness to release, as mandated by federal statute. You must have enough time left to serve on your sentence to complete the unit-based component and the community transition component of the program. Follow-up Treatment, as described earlier, is provided to inmates after they complete the unit-based component and before they transfer to a residential reentry center. The RDAP is operated as a modified therapeutic community where inmates are expected to model the pro-social behaviors expected in a community. This means RDAP participants are role models to other inmates. Therefore, they are to demonstrate honesty, to relate positively with their peers, and to fully participate in all treatment activities in the unit. The RDAP is a half-day program, with the rest of the day devoted to work, school, and other self-improvement activities. The RDAP is available in 62 BOP institutions. It is not available here. If you are interested in volunteering for the RDAP and would like to know if you are eligible for the program, contact the institution’s drug abuse program coordinator. You may apply for the program at any time during your incarceration, but your interview, like program admittance, will be based on your proximity to release. Ordinarily inmates are interviewed 42-24 months from release depending on the facility’s security level and waiting list for the RDAP. Early Release The Violent Crime Control and Law Enforcement Act of 1994 allows the BOP to grant a non-violent inmate up to 1 year off his or her term of imprisonment for successful completion of the residential drug abuse treatment program (Title 18 U.S.C. § 3621(e)(2)). For more information, talk to an institution drug abuse treatment specialist or drug abuse program coordinator. Community Transition Drug Abuse Treatment To successfully complete the RDAP, inmates are required to participate in the Community Transition Drug Abuse Treatment component of the program. The BOP ensures that inmates receive continued treatment when transferred to a residential reentry center (RRC) or to home confinement. The RRC, is structured to help you adjust to life in the community and find suitable post-release employment. 28
RRCs provide a structured, supervised environment and support job placement, counseling, and other services. Within the structure of the RRC, RDAP participants continue their drug abuse treatment, with a community-based treatment provider. The BOP contracts with this provider to deliver treatment services in the community. Inmates must continue to participate in transition drug abuse treatment to earn any benefit associated with successful completion of the RDAP, e.g., early release. In addition to these drug abuse programs, drug abuse treatment services may also be provided within the context of other specialized treatment programs with the BOP, such as the Resolve Program and the Challenge Program. The Trauma in Life Workshop The Resolve Program includes a psycho-educational component, the Trauma in Life Workshop. This workshop addresses the challenges individuals face following exposure to traumatic life events and the strategies these individuals may use to enhance their resilience or ability to survive and thrive following these events. Any female inmate with a history of abuse or an interest in learning about this topic may participate in the Trauma in Life Workshop. Nonresidential Counseling Groups The Resolve Program also includes a treatment component - non-residential counseling groups. Only those inmates with a history of trauma and an associated mental health problem may participate in Resolve Program counseling groups. These groups are designed to improve coping skills, build healthy relationships, and enhance emotional stability. This institution does not have a Resolve Program. If you are interested in the Resolve Program, please submit an Inmate Request to a Staff Member (a “Cop-Out”) to the Psychology Services Department. The Challenge Program [high security institutions only] The Challenge Program is an intensive, residential program for inmates with drug abuse and/or mental health problems and is available in all BOP penitentiaries. Treatment is highly structured and inmates with drug programs and those with mental health programs are housed together in a treatment unit that is set apart from the general population. The Challenge Unit is a safe harbor for those who want to work out drug abuse and/or mental health problems. Inmates may volunteer for the Challenge program at any time during their incarceration. The Challenge program is typically a 9 month program, but your time in the program depends on your treatment needs and your progress in treatment. To apply for the Challenge Program you must send an Inmate Request to a Staff Member (a “Cop-Out”) to obtain an interview for the program. Specialized Mental Health Programs The BOP also has several residential mental health programs designed to help inmates with severe emotional, cognitive, and behavioral problems. These programs are indicated for inmates who are having difficulty functioning in a mainline institution due to a psychological disorder. They are designed to improve the day to day functioning of inmates with the goal of helping them return to a mainline institution or preventing the need for hospitalization. Psychology Services has additional information about these programs and can make recommendations for participation. The Sex Offender Management Program The BOP offers sex offender treatment programs at our Sex Offender Management Program (SOMP) institutions. SOMP institutions have a higher proportion of sex offenders in their general population. Having a larger number of sex offenders at SOMP institutions ensures that treatment volunteers feel 29
safe about participating in programming. The BOP’s sex offender treatment programs are stratified into two program levels: The Residential Sex Offender Treatment Program [male institutions only] The Residential Sex Offender Treatment Program (SOTP-R) is a high intensity program designed for high risk sexual offenders - ordinarily inmates with multiple sex offenses, or a history of contact sexual offenders. The SOTP-R is offered at the Federal Medical Center (FMC) in Devens, Massachusetts. The Non-residential Sex Offender Treatment Program The Non-residential Sex Offender Treatment Program (SOTP-NR) is a moderate intensity program designed for low to moderate risk sexual offenders. Many of the inmates in the SOTP-NR are firsttime offenders serving a sentence for an Internet sex crime. All SOMP institutions offer the SOTPNR. When you volunteer for treatment, BOP staff will determine whether the Residential or Nonresidential Treatment Program is appropriate for you based on your offense history. If eligible for treatment, you will be transferred to a SOMP institution based on your treatment needs and security level. If you are interested in receiving sex offender treatment and would like to know if you are eligible for the program, contact Psychology Services. You may apply at any point in your sentence. However, inmates ordinarily enter treatment when they have between 24 to 42 months remaining on their sentence. If you are at the beginning of your sentence or have more than 48 months remaining on your sentence, you may want to wait before applying for the program. Institution Specific Programs: None at this time. Confidentiality Security needs and the nature of a prison environment affect mental health care in a variety of ways. Confidentiality is an important component of the therapeutic relationship. However, in a prison environment, confidentiality must be weighed against institutional needs of safety and security. Mental health providers in the institution not only serve inmates, they also serve the institution and the public at large. In the community, certain situations require mental health providers to violate client confidentiality. For example, many states mandate reporting of child or elder abuse. Providers also must notify authorities if a client threatens suicide or serious harm to others. Similarly, prison mental health providers violate confidentiality when an inmate is at risk of serious harm to themselves or others, such as when an inmate presents a clear and present risk of escape or when an inmate is responsible for the creation of disorder within a facility. Confidentiality may also be limited when prison mental health providers share information on a need-to-know basis with prison officials or other federal law enforcement entities. For example, before you are transferred to a residential reentry center, mental health providers must communicate your mental health needs to your unit team. If you tell a staff member, including a Psychology Services staff member, that you are going to harm or kill yourself or someone else, or engage in a behavior that jeopardizes the safety or security of the institution, confidentiality will be breached and the appropriate individuals will be notified on a need30
to-know basis only. Simply put, there is no guarantee of confidentiality in the prison setting. However, you can rely on the professional judgment of Psychology Services staff who conscientiously balance your confidentiality and the safety and security of the institution. Information that does not impact the safety and security of the institution, inmates, and staff, will not be shared. While these limitations on confidentiality may initially deter you from seeking treatment, I want to assure you that the vast majority of inmates who receive psychological services are comfortable with the decisions staff make with regard to their confidentiality. If you have additional questions about confidentiality, be certain to discuss your concerns with Psychology Services staff. CENTRAL INMATE MONITORING SYSTEM The Central Inmate Monitoring System (CIMS) is a method for the Agency to monitor and control the transfer, temporary release, and participation in community activities of inmates who pose special management considerations. Designation as a CIMS case does not, in and of itself, prevent an inmate from participating in community activities. All inmates who are designated as CIMS cases will be notified by their Case Manager. Escorted Trips Escorted trips provide approved inmates with staff escorted trips into the community for such purposes as receiving medical treatment not otherwise available, for visiting a critically ill member of the inmate’s immediate family, or for participating in programs or work related functions. Additionally, bedside visits and funeral trips may be authorized for inmates with custody levels below maximum. All expenses will be borne by the inmate, except for the first eight hours of each day that the employee is on duty. There are occasions based on a determination that the perceived danger to BOP staff during the proposed visit is too great, or the security concerns about the individual inmate outweigh the need to visit the community. Furloughs A furlough is an authorized absence from an institution by an inmate who is not under the escort of a staff member, a U.S. Marshal, other Federal or State agent. Furloughs are a privilege, not a right, and are only granted when clearly in the public interest and for the furtherance of a legitimate correctional goal. An inmate who meets the eligibility requirements may submit an application for furlough to staff for approval. Marriages If an inmate wishes to be married while incarcerated, the Warden may authorize him to do so under certain conditions. All expenses of the marriage will be paid by the inmate. If an inmate requests permission to marry he must: · · · ·
Have a letter from the intended spouse which verifies their intention to marry. Demonstrate legal eligibility to marry. Be mentally competent. The marriage must not present a security risk to the institution.
Marriage procedures are detailed in local Institution Supplement’s. Barber Shop Haircuts and hair care services are authorized in the barber shop only. Hours of operation will be posted in each of the housing units and the barber shop. 31
MEDICAL SERVICES The BOP inmate health care delivery system includes local ambulatory clinics as well as major medical centers. Locally, emergency medical care is available 16 hours a day at this facility. BOP clinical staff typically covers the day and evening shifts and community emergency personnel meet emergency needs when BOP clinical staff is not on-site. Health services typically include episodic visits for new or recurring medical or dental symptoms through a sick call system, chronic care management for chronic and infectious diseases through enrollment in chronic care clinics for regular care, routine dental care, medical and dental emergency care for injuries and sudden illness, age-appropriate preventive care to promote optimal health and functional status, restorative care to promote achievable functional status, long-term care and end-oflife care. Sick Call System For episodic care, clinical and dental staff will screen the inmate’s complaint, give a future appointment based on the nature of the health complaint and enter the appointment date on the “callout” sheet. Inmates will report to their assigned work details after making the sick call appointment. If the medical or dental sick call appointment is scheduled for the same day, the inmate will receive a sick call appointment slip and give it to the work detail supervisor who will authorize the inmate to go to the clinic at the appointed time. Inmates who become ill after the regular sick call sign-up period will notify their work supervisor or Unit Officer to call the Health Services Unit to arrange an evaluation. Inmates requesting health services will be charged a co-payment fee unless staff determines they are indigent and not subject to a co-payment fee. Inmates in detention or segregation who are unable to attend the scheduled sick call sign up event will access sick call by submitting a written request for evaluation or by verbally asking for a sick call appointment when the Health Services clinician makes daily rounds in the secured unit.
Sick call/Triage All inmates have the right to access medical and dental care. At FCC Tucson, inmates use sick call to request appointments. You must report in person to sick call triage in the Health Services Unit. Medical and dental staff will triage inmates during sick call sign up and will schedule appointments as clinically indicated. Some will be evaluated immediately; most will be scheduled for appointments at a later date. FCI Sick Call/Triage: Monday, Tuesday, Thursday, Friday General Population: 0630-0700 hours, on your way to the breakfast meal USP Sick Call/Triage: Monday, Tuesday, Thursday, Friday at 0600-0630 and 0630-0700 hours. You will report as your unit is called for the breakfast meal. Camp Sick Call/Triage: Monday, Tuesday, Thursday, Friday, immediately after Insulin Line and Pill Line, at approximately 0615-0645 hours. Special Housing Units (FCI & USP): Medical staff will make rounds each day, in the morning. You may submit a written sick call request to medical staff on Mondays, Tuesdays, Thursdays and Fridays.
32
Co-Payments Since October 3, 2005, all BOP inmates must pay a $2 copayment for patient-initiated health and dental care pursuant to the Federal Prisoner Health Care Co-payment Act (FHCCA) of 2000, P.L. 106-294, 18 U.S.C. § 4048 . The Federal Bureau of Prisons and FCC Tucson follow Program Statement 6031.02, Inmate Copayment Program, dated August 15, 2005. Inmate must pay a fee of $2.00 for health care services, charged to their Inmate Commissary Accounts, if the inmate receives health care services in connection with a health care visit he/she requested, except for services described below. Copay fees will not be charged for: * health care services based on health care staff referrals * health care staff-approved follow-up treatment for a chronic condition * preventive health care services * emergency services * prenatal care * diagnosis or treatment of chronic infectious diseases * mental health care * substance abuse treatment If a health care provider orders or approved any of the following, you will not be charged a copay fee: * * * * * * * *
blood pressure monitoring glucose monitoring insulin injections chronic care clinics TB (tuberculosis) testing vaccinations wound care patient education
Per PS 6031.02, an indigent inmate is an inmate who has not had a trust fund account balance of $6.00 for the past 30 days and will not be charged a copayment. Inmates who are not indigent, but have spent all of their money will incur a debt that will be paid as soon as funds are deposited into their Inmate Commissary Accounts. If you are found guilty of a fight or assault, you may be charged a copayment for your injury assessment and for the victim’s injury assessment. Missed appointments may be charged a copayment fee! PHYSICAL EXAMINATIONS Newly committed inmates will receive a complete physical examination and dental examination within two weeks of arrival at a Bureau institution and a dental examination within 30 days. Medical staff will review the records of transferring inmates to ensure they are complete, immunizations are current and SENTRY information is accurate. Transferring inmates will receive a physical, if needed. Pre-Release Physical Examinations Inmates may request physical examinations prior to release by submitting an Inmate Request to Staff (copout) to the Health Services Administrator about 60-90 days prior to your projected release or transfer to residential reentry center (halfway house) date. Periodic Physical Examinations It will be offered as clinically indicated. Typically, these studies will be ordered by medical staff during chronic care clinic appointments. If you are not assigned to chronic care clinic, you may request periodic physical examinations through sick call.
33
Chronic Care Clinic Shortly after your arrival, your assigned physician will evaluate you to determine if you should be placed in a chronic care clinic for regular monitoring of your medical condition (high blood pressure, asthma, heart disease, diabetes, infectious disease, etc.). Inmates in chronic care clinics are evaluated by medical staff at least every 180 days, or more often, if clinically indicated. Medical and Dental Emergencies Emergency medical and dental services are available at all times. Emergencies or injuries will be given priority treatment. Life-threatening situations or other medical conditions requiring immediate treatment after sick call sign up (or on non-sick call days) should be reported to a staff member, who will then contact appropriate medical personnel for instructions, depending upon the nature of the emergency. If it’s not a true, life-threatening emergency, you will be charged a copayment! Dental Services The Commissary sells all necessary supplies for you to perform self-dental hygiene and dental care as recommended by Dental Services staff. During your A&O dental examination, Dental Services staff will evaluate you and inform you about the condition of your oral health, including what work needs to be performed. Per Bureau policy, you must then request routine dental care by submitting an Inmate Request to Staff addressed to Dental Services. Our goal is to perform a complete dental prophylaxis for each newly committed inmate within his/her first year of incarceration. At the time of the cleaning, you will receive complete instructions about proper dental care/oral hygiene. Immunizations Routine immunizations (tetanus, pneumococcal, influenza, measles, mumps, and rubella) are given according to recommendations of the Centers for Disease Control. Hepatitis B vaccinations are offered to inmates assigned to certain work details, such as blood and body fluid spill clean-up crew and plumbing detail workers. Community Medical Services and Utilization Review Committee A wide range of health care services, diagnostic tests and contract specialty consultant services are available at FCC Tucson. When a patient requires medical services not available in the institution, he will be referred to a community medical facility for care. If a healthcare provider refers an inmate for medical care outside the scope of what is available at the institution and by institution staff, his case will be referred to the Utilization Review Committee to ensure the referral is appropriate. If approved, the inmate will be scheduled for services by the consultant. The Utilization Review Committee will notify the inmate in writing whether the consult was approved or denied. Pharmacy, pill lines, & insulin lines Normally, when you receive a prescription, you will pick it up during the Prescription Pick Up Line and be able to take it to your room. Some medications must be administered dose by dose at pill line. You must present your identification card and state your name and register number or date of birth or other identifier to receive medications. Inmates in Special Housing Units (SHU) will receive insulin and medications as staff make rounds each morning and evening. Self-carry medications may be more limited in SHU than in general population housing units. Weekdays FCI: Insulin Line, followed by Pill Line & Pick Up General Population 0630-0700 hours General Population 1700-1730 hours
34
Weekends 0730-0800 hours 1700-1730 hours
Camp: Insulin Line, Prescription Pick Up & Pill Line 0600-0615 hours 1530-1545 hours
0615-0630 hours 1530-1545 hours
USP: Insulin Line, followed by Pill Line & Pick Up Side 1* 0545-0615 hours 0615-0645 hours Side 2* 0615-0645 hours 0645-0715 hours *As your unit is released for the meal, report first to insulin line, then Food Services. Diabetics will receive insulin before pill line only inmates receive medications. North side and South side units alternate monthly for meal rotations. Insulin Line Side 1* 1630-1700 hours 1630-1700 hours Side 2* 1700-1730 hours 1630-1700 hours *As your unit is released for the meal, report first to insulin line, then to Food Services. Pill Line Side 1* 1930-2015 hours 1930-2015 hours Side 2* 2030-2115 hours 2030-2115 hours *As your unit is first recalled from recreation, report directly to Pill Line. Prescription Pick Up at the USP: Pick up self-carry (keep-on-person) medications from the pill line window as you leave the dining hall from the mid-day meal, weekdays only (Closed Wednesdays). This window will stay open for 10 minutes after inmates are recalled from Food Services. 1045-1100 hours 1115-1130 hours 1215-1230 hours Over-the-Counter Medications OTC medications are available for purchase from the Commissary for acute, minor ailments, such as occasional constipation, seasonal allergies, gastro-intestinal upset, dandruff, Athlete’s foot, acne, chapped lips, dry skin and muscle ache from physical exertion. Health Services staff have consulted with Commissary staff to identify OTC medications stocked in the Commissary. The Health services Administrator and/or Pharmacy Services staff serve on the institution’s Commissary Committee and monitor medications sold by Commissary. We encourage each inmate to plan in advance for future OTC needs. However, FCC Tucson’s Commissary allows inmates to purchase OTCs at any Commissary shopping time. Remember, if you buy OTC medications during a Commissary Line that is not your normal assigned shopping time and you include other items on your order, your whole order will be denied. Indigent inmates (as defined previously under the copayment section) may obtain certain OTC medications through Pharmacy Services. Pick up form BP-S788 Inmate Request for Over-theCounter Medication from the prescription pick up window on Tuesday (during lunch). Complete the form and return to pharmacy staff at the window on Tuesday (during lunch). Return to the prescription pick up window on Thursday to pick up the requested OTC medications. FCI: Give indigent OTC requests to medical provider conducting sick call triage and medication(s) will be available for pick up within 7 days. FCI SHU: Give indigent OTC requests to medical provider conducting sick call triage on any day and medication(s) will be delivered within 7 days. Camp: Give indigent OTC requests to medical provider conducting sick call triage on any day and medication(s) will be available for pick up within 7 days.
35
USP: Fill out and return indigent OTC requests on Tuesday (during lunch) at the pick-up window. Pick up OTC medications on Thursday. USP SHU: Give indigent OTC requests to medical provider conducting sick call triage on any day and medication(s) will be delivered within 7 days. Indigent inmates may receive a maximum of two OTC medications per week. OTC medications available to indigent inmates include only: Name of medication Monthly Maximum Quantity Allowed Acetaminophen, 5 grams 100 tablets Aspirin, 5 grams 100 tablets Chlorpheniramine, 4 mg 96 (24 tablets per request) Hydrocortisone cream 0.5% 1 tube Mylanta II/Maalox Plus Liquid 12 ounces Milk of Magnesia 16 ounces Psyllium Muciloid Powder SF 10 ounces Selenium 1% shampoo 7 ounces Simethicone 80 mg 100 tablets Tolnaftate 1% cream 15 grams HIV Testing Testing for the Acquired Immune Deficiency Virus (HIV) is available at your request. You will receive and HIV test if you are a new commit or there is no documentation in your medical record for transferred inmates. HIV testing is required prior to your release from Bureau of Prison’s custody. Medical Records All medical records are the property of FCC Tucson and the Federal Bureau of Prisons. If you desire to review or obtain a copy of your releasable health records, please submit an Inmate Request to Staff (copout) to Medical Records. If large volumes are requested (more than 240 pages a year), you may be charged. Medical Records staff will discuss charges with your before making copies. Medical Records needs a minimum of 3090 day turnaround time for processing records requests, due to the huge volume of requests. Identification You are required to present your identification card as a means of positive identification when receiving medications, making a sick call appointment or reporting to the Health Services Unit for any reason. For many medical services, you will also be required to state additional information, such as your date of birth, register number, middle name or housing unit. Dress Code You are required to be in inmate uniform for all scheduled appointments in Health Services. Call outs Most Health Services appointments (except sick call/triage) will be listed on the Call Out. Be on time! If you have not reported to Health Services at the end of the correct movement, based on your appointment time, you may receive an incident report. If you have conflicting Call Out appointments, it is your responsibility to notify Health Services staff in advance, so alternative arrangements can be made. You may notify Health Services staff by informing your Unit Officer, detail supervisor or other staff member to contact Health Services staff for instructions. There are two different Call Outs for Laboratory Services. LAB: No special instructions. Report to the appointment on time. 36
LABFAST: This appointment requires you to fast before the test, meaning do not eat or drink anything after midnight the night before your Call Out appointment. Medical Duty Status/Medical Restrictions Health Services staff do NOT assign inmates to work details. Only the Unit Team can assign work. During your initial physical examination or other medical appointment, healthcare providers will determine if you have medical restrictions, such as a lower bunk, weight lifting restriction, etc. We will inform your Unit Team through SENTRY medical duty status assignments and will give you a copy of the BEMR medical duty status to keep. Sometimes, healthcare providers will determine an inmate should not be allowed to work for an extended period of time. Medical staff may place the inmate on Medical Idle or Medical Convalescence status. Medical Idle Maximum of three calendar days for recuperation from an acute illness or injury. The inmate is restricted to his/her quarters except for meals, religious services, and medical call-outs or pill lines. Medical Convalescence Maximum of 30 calendar days for extended recuperation from an illness, injury, or surgery. Convalescence is specifically indicated to facilitate recuperation by not subjecting the inmate to the rigors of his/her job assignment, or to minimize the risk of injury to the inmate, other inmates, or staff at the work site due to the inmate’s medical condition. Inmates on convalescent status may attend other programs including education classes, drug awareness programs, etc. Restrictions on recreational activities may be written on a case-by-case basis. (For example, an inmate who is rehabilitating from orthopedic surgery may need access to the recreation facilities to walk, or to do specific exercises prescribed by their health care providers.) Eyeglasses Prescription eyeglasses will be provided by the BOP, after examination by a consultant optometrist. To request an optometry examination, you may report to sick call to request to be scheduled or you may submit an Inmate Request to Staff to the Health Services Administrator. Contact lenses are approved only for eye conditions that REQUIRE contact lenses and must be approved by the Clinical Director.
Eyeglass repair If your BOP eyeglasses need repair, report to sick call. Inmates wishing to repair their personal (not from the BOP) eyeglasses must contact the Medical Department to assist them with sending their personal eyeglasses out for repair and back to the institution at the inmate’s own expense. Advanced Directives You have the right to initiate an advance health care treatment directive, health care proxy or Do Not Resuscitate (DNR) order, which inform medical providers of your treatment wishes, should you be incapacitated and unable to express your wishes. Advance directives only become effective when you are diagnosed with a terminal illness. They will not be invoked while you are housed at FCC Tucson, but could be initiated if you are transferred to a community hospital or BOP medical referral center. The Institution Supplement for Inmate Living Wills and Advance Directives is located in the Inmate Law Library. It includes a thorough explanation about health care proxy, advances directives, living wills and DNR orders. It also includes a copy of Arizona State Law and sample forms to use.
37
Open House Medical Managers (HSA, AHSA) are available during Main Line (the noon meal in Food Services) most normal business days, so you can address medical concerns there. At the camp, Medical Managers visit Main Line once a week. If you are still not satisfied, you may submit an Inmate Request to Staff (cop out) to resolve your concerns. Then, you may file an informal grievance (sometimes called a BP-8) or a formal grievance, called an Administrative Remedy or BP-9, which Unit Team staff will explain in detail. Heart Healthy Meal Options Heart healthy selections are available in Food Services. You must request the heart healthy selection when you get your tray. Nutritional information is usually available to assist you in choosing healthy foods. Health Promotion, Disease Prevention and Fitness Opportunities The Recreation Department offers numerous opportunities for health promotion, including physical activity and exercise. Health Services staff encourage you to participate in regular physical activity. Endurance (aerobic) activities, such as walking, jogging, basketball, exercise bikes, etc. should be performed at least 5 times a week for 30 minutes to prevent heart disease. Strength activities, such as calisthenics, yoga and weight lifting should be performed once or twice a week to maintain strength and bone density. On-the-job Injuries Inmates injured while performing an assigned duty, must immediately report this injury to their work supervisor. The work supervisor reports the injury to the institution Safety Manager who completes mandatory occupational injury documentation. The inmate must be evaluated by clinical staff and an injury report completed for inclusion in the inmate’s health record under the Occupational Medicine section of BEMR. Inmates who suffer a work-related injury may be eligible for compensation if the injury prevents the inmate from performing his or her usual work duties. However, the inmate may be disqualified from eligibility for lost-time wages or compensation if he or she fails to report a work injury promptly to the supervisor. CONTACT WITH THE COMMUNITY AND PUBLIC Correspondence In most cases, inmates are permitted to correspond with the public, family members and others without prior approval. Outgoing mail from a sentenced inmate in a minimum or low security institution may be sealed by the inmate and is sent out unopened and uninspected. Except for “special mail,” outgoing mail from a sentenced inmate in a medium or high security institution, or an administrative institution may not be sealed by the inmate and may be read and inspected by staff. The outgoing envelope must have the inmate’s committed name, register number, and complete institution return address in the upper left hand corner. Inmates will be responsible for the contents of all of their letters. Correspondence containing threats, extortion, etc., may result in prosecution for violation of Federal laws. Inmates may be placed on restricted correspondence status based on misconduct or as a result of 38
classification. The inmate is notified of this placement and has the opportunity to respond. Mail service to inmates is ordinarily provided on a five-day schedule, Monday through Friday. Usually, weekend and holiday mail services are not provided. Incoming Correspondence First class mail is distributed Monday through Friday (except holidays) by the evening watch Correctional Officer in each living unit. Legal and Special Mail will be distributed by Mail Room or Unit staff and opened in the presence of the inmate. Inmates are asked to advise those writing to them to put the inmate’s registration number and Housing Unit on the envelope to aid the prompt delivery of mail. All inmate packages must have prior authorization unless otherwise approved under BOP policy. Incoming Publications The BOP permits inmates to subscribe to and receive publications without prior approval. The term publication means a book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, plus such other materials addressed to a specific inmate, such as advertising brochures, flyers, and catalogs. An inmate may only receive hard cover publications and newspapers from the publisher, a book club, or a bookstore. At minimum and low security institutions, an inmate may receive softcover publications (other than newspapers) from any source. At medium, high, and administrative institutions, an inmate may receive softcover publications only from the publisher, a book club, or a bookstore. Special Mail Special Mail is a category of correspondence sent to the following: President and Vice President of the United States, the U.S. Department of Justice (including the BOP), U.S. Attorneys Offices, Surgeon General, U.S. Public Health Service, Secretary of the Army, Navy, or Air Force, U.S. Courts (including U.S. Probation Officers), Members of the U.S. Congress, Embassies and Consulates, Governors, State Attorneys General, Prosecuting Attorneys, Directors of State Departments of Corrections, State Parole Commissioners, State Legislators, State Courts, State Probation Officers, other Federal and State law enforcement offices, attorneys, and representatives of the news media. Special mail also includes correspondence received from the following: President and Vice President of the United States, attorneys, Members of the U.S. Congress, Embassies and Consulates, the U.S. Department of Justice (excluding the Bureau of Prisons but including U.S. Attorneys), other Federal law enforcement officers, State Attorneys General, Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation Officers), and State Courts. A designated staff member opens incoming Special Mail in the presence of the inmate. These items will be checked for physical contraband, funds, and for qualification as Special Mail; the correspondence will not be read or copied if the sender has clearly identified the sender’s name, title, and address on the envelope, and the front of the envelop clearly indicates that the correspondence is “Special Mail – Open only in the presence of the inmate” or with similar language. Without adequate identification as Special Mail, the staff may treat the mail as general correspondence. In this case, the mail may be opened, read, and inspected. Inmate Correspondence with Representatives of the News Media An inmate may write, following Special Mail procedures, to representatives of the news media when specified by name and title. The inmate may not receive compensation or anything of value for 39
correspondence with the news media. The inmate may not act as a reporter, publish under a byline, or conduct a business or profession while in BOP custody. Representatives of the news media may initiate correspondence with an inmate. Correspondence from a representative of the news media will be opened, inspected for contraband, for qualification as media correspondence, and for content which is likely to promote either illegal activity or conduct contrary to BOP regulations. Correspondence between Confined Inmates An inmate may be permitted to correspond with an inmate confined in another penal or correctional institution. This is permitted if the other inmate is either a member of the immediate family (mother, father, sister, child, or spouse), or party in a current legal action (or a witness) in which both parties are involved. The Unit Manager at each institution must approve the correspondence if both inmates are housed in Federal institutions. Rejection of Correspondence The Warden may reject general correspondence sent by or to an inmate if it is determined to be detrimental to the security, good order, or discipline of the institution, to the protection of the public, or if it might facilitate criminal activity. Notification of Rejection The Warden will give written notice to the sender concerning the rejection of mail and the reasons for rejection. The sender of the rejected correspondence may appeal the rejection. The inmate may also be notified of the rejection of correspondence and the reasons for it. The inmate also has the right to appeal the rejection. The Warden shall refer the appeal to a designated officer other than the one who originally disapproved the correspondence. Rejected correspondence ordinarily will be returned to the sender. Forwarding of Mail General correspondence (as opposed to special mail) will be forwarded to the new address for 30 days. After 30 days, general correspondence is returned to sender with the notation “Not at this address – return to sender.” Staff will use all practical means to forward special mail. After 30 days, the SENTRY address will be used to forward special mail. Certified/Registered Mail Inmates may use certified, registered, or insured mail services. Other mail services such as stamp collecting, express mail, cash on delivery (COD), and private carriers are not provided. TELEPHONES Telephone privileges are a supplemental means of maintaining community and family ties. Telephones are to be used for lawful purposes only. Threats, extortion, etc. may result in prosecution. All inmate telephones are subject to monitoring and recording. Inmates must contact their Case Manager to arrange an unmonitored attorney call. While policy specifically allows inmates to make one call every three months, there is no specific limit on the number of phone calls that an inmate may make. It is expected that each inmate will handle his calls in such a manner that will allow the equal use of the phones by all inmates. Calls are limited to fifteen (15) minutes in duration. Each inmate is allowed 300 minutes of calling time per 40
month, unless on telephone restriction. Telephones will not be used to conduct a business. Inmates are allowed to have thirty (30) approved numbers on their phone list. In order to use the system, you will have to transfer funds from your commissary account to your individual telephone account. There are telephones located in each housing unit for your use. No third party, credit card calls, 1800, 1-900, 1-888, or 1-976 can be made on these lines. Collect calls can also be made to preapproved telephone numbers. Inmates will be given their SECRET PAC (nine digits) number by your Correctional Counselor. This will allow you to place a call by first entering the telephone number followed by your nine digit PAC number. Giving or selling your PAC number will result in disciplinary action. All calls are automatically terminated after fifteen (15) minutes. A waiting period may be established between calls. It is each inmate’s responsibility to maintain their PAC in a way to ensure no other inmate has access to it. Inmates found to be sharing their telephone account with other inmates will result in disciplinary action taken with all inmates involved. Third part telephone contact will also result in disciplinary action. This could include, but is not limited to three way calls, call forwarding, the use of two or more telephones to communicate, and/or ANY circumstance in which the party called establishes third party telephone contact. VISITING Inmates are encouraged to have visits in order to maintain family and community ties. Inmates will be limited to three approved adult visitors (age 16 and over) and does not include infants. Special authorization must be obtained from Unit Management prior to allowing extra visitors. Special visits for family emergencies may be approved based on the discretion of Unit Management. Visiting Hours are as follows: FCI: General population inmates (housed in Mesquite, Saguaro and Palo Verde Units) and Special Housing Unit inmates: 8:15 AM to 3:00 P.M. on Saturdays, Sundays, and Federal holidays. On Monday and Tuesday, visiting hours are from 5:15 P.M. to 8:00 P.M. *Inmates assigned to Special Housing will be allowed to visit one day out of the four weekly visiting days for a maximum of two hours, to include holiday visitation (space permitted).* SPC: Visiting hours are 8:15 AM to 3:00 PM on Saturdays, Sundays, and Federal holidays. *On Saturdays, Sundays, and federal holidays, visitors will not be permitted in the complex parking lots before 8:00 AM. On Monday and Tuesday, arrival at the parking lots before 5:00 PM is not permitted. (Federal Holidays are as follows: New Year’s Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day).* USP: General Population Inmates will have social visits at the USP on: Fridays from 5:00pm to 8:00pm, Saturday from 8:15am to 3:00pm, and on Sundays and holidays from 8:15am to 3:00pm. Business may not be conducted during visits. Visits with pastors, attorneys of record, and former business associates may be arranged by the Unit Team and forwarded to the Associate Warden, 41
Programs for approval. Inmates are allowed to have up to 12 visitors on their approved list, with the only stipulation that visits do not ordinarily interrupt planned institutional programs. All visits will begin and end in the Visiting Room. Kissing, embracing, and handshaking are allowed only on arrival and departure of visitors. Inmates may not move around in the visiting room once seated and are subject to special seating assignments at the discretion of the Visiting Room Officer and Operations Lieutenant. Inmates must be properly dressed in order to be admitted to the Visiting Room. Clothing must be neat and clean. Items that may be taken into the Visiting Room, by an inmate, are limited to wedding band and prescription eyeglasses. The FCC supplement on Inmate Visiting Regulations provides guidance when visitors can be rejected by the facility and reasons why a facility could reject or turn around the visitor(s). The supplement also addresses visitor attire and non-clothing limitations. Attire to include footwear will be appropriate. There are areas available for children to play and games may be provided, but adults must maintain constant supervision of all children. Inmates are not allowed to receive any item while in the visiting room. Travel Information The FCI is located approximately 1 mile from Interstate 10, and the USP/SPC are approximately 2 miles from Interstate 10. Tucson International Airport is located approximately 8 miles from FCC Tucson. Taxi service is available from the airport. Major auto rental car companies are also available from the airport. There are many Motels available within 5 to 10 miles from FCC Tucson as well. Identification of Visitors Identification is required for visitors. These may include a state driver's license, state I.D. card, or two other forms of identification (credit cards, Social Security card, etc.) with full names and signatures affixed. Birth certificates are not considered proper identifications. Persons without proper picture identification will not be permitted to visit. Visitors may be asked to submit to a search and will be checked with a metal detector. Visitors are permitted to bring a limited amount of money (coins only) into the Visiting Room to purchase items from the vending machines. Also, a reasonable amount of diapers and other infant care items and sanitary napkins may be brought into the Visiting Room in appropriate containers (refer to the FCC institution supplement). No food may be brought into the Visiting Room. Vending machines are available. ACCESS TO LEGAL SERVICES Legal Correspondence Legal correspondence from attorneys will be treated as Special Mail if it is adequately marked. The envelope must be marked with the attorney’s name and an indication that he/she is an attorney and the front of the envelope must be marked as “Special Mail - open only in the presence of the inmate” or with similar language clearly indicating the particular correspondence qualifies as legal mail and the attorney is requesting the correspondence be opened only in the inmate’s presence. It is the responsibility of the inmate to advise his/her attorney of these requirements. If legal mail is not adequately marked, it may be opened as general correspondence.
42
Attorney Visits Attorneys are encouraged to visit during regular visiting hours, by advance appointment. However, visits from an attorney can be arranged at other times based on the circumstances of each case and the availability of staff. Attorney visits will be subject to visual monitoring, but not audio monitoring. Legal Material During attorney visits, a reasonable amount of legal materials may be allowed in the visiting area, with prior approval. Legal material may be transferred, but is subject to inspection for contraband. Inmates are expected to handle the transfer of legal materials through the mail as often as possible. Attorney Phone Calls In order to make an unmonitored phone call with an attorney, the inmate must demonstrate to the Unit Team the need, such as an imminent court deadline. Inmates are responsible for the expense of unmonitored attorney telephone calls. When possible, it is preferred that inmates place an unmonitored, collect legal call. Phone calls placed through the regular inmate phones are subject to monitoring. Law Library Electronic Law Libraries (ELL): Inmates are afforded access to legal materials and an opportunity to prepare legal documents in the ELL. Resources are available for inmates to prepare legal material via Trust Fund. Notary Public Under the provisions of 18 USC 4004, Case Managers are authorized to notarize documents. A recent change in the law allows that a statement to the effect that papers which an inmate signs are true and correct under penalty of perjury will suffice in Federal courts and other Federal agencies, unless specifically directed to do otherwise. Some states will not accept a government notarization for real estate transactions, automobile sales, etc. In these cases, it will be necessary to contact unit staff for arrangements with the institution’s notary public. Copies of Legal Material In accordance with institution procedures, inmates may copy material necessary for their research or legal matters. A copying machine is available in the Education Department for inmate use for a nominal fee. Individuals who have no funds and who can demonstrate a clear need for particular copies may submit a written request for a reasonable amount of free duplication through the unit team. Federal Tort Claims If the negligence of institution staff results in personal injury or property loss or damage to an inmate, it can be the basis of a claim under the Federal Tort Claims Act. To file such a claim, inmates must complete a Standard Form 95. They can obtain this form by submitting an Inmate Request to Staff Member or requesting one through your Correctional Counselor. Freedom of Information/Privacy Act of 1974 The Privacy Act of 1974 forbids the release of information from agency records without a written request, or without the prior written consent of the individual to whom the record pertained, except for specific instances. All formal requests for access to records about another person and/or agency record other than those pertaining to themselves shall be processed through the Freedom of Information Act (FOIA), 5 USC 552. Requests may be made in writing to the FOIA Branch, Central 43
Office, 320 First St., N.W., Washington, D.C. 20534. Inmate Access to Central Files and Other Documents An inmate may request to view his/her central file (minus the FOIA section) under the supervision of his/her Case Manager by submitting a cop-out to the Unit Team. An inmate does not need to submit a FOIA Act Request to the Director of the BOP unless the information requested is in the FOIA Exempt section. Likewise, an inmate wishing to review his/her medical file should send a request to Health Services. An inmate can request access to the non-disc losable documents in his central file and medical file, or other documents concerning himself that are not in his central file or medical file, by submitting a Freedom of Information Act Request to the Director of the BOP, Attention: FOI Request. A request on the behalf of an inmate by an attorney, for records concerning that inmate, will be treated as a Privacy Act Request if the attorney has forwarded an inmate’s written consent to disclose materials. If a document is deemed to contain information exempt from disclosure, any reasonable part of the record will be provided to the attorney after the deletion of the exempt portions. Court Security Improvement Act of 2007 Two new provisions were added to the Federal Criminal Code. Title 18 U.S.C. Section 1521 established a criminal offense for filing, attempting to file, or conspiring to file, a false lien or encumbrance against the real or personal property of a Federal Judge or Federal law enforcement officer. Title 18 U.S.C. Section 119 established a criminal offense for making restricted personal information publicly available about a covered person with the intent to threaten, intimidate, or incite a crime of violence against such person. Covered individuals include court officers, jurors, witnesses, informants, and Federal law enforcement officers. For purposes of each of these provisions, Bureau of Prisons staff are Federal law enforcement officers and covered by the Act. Therefore, inmates are prohibited from obtaining or possessing Uniform Commercial Code (UCC) Lien Documents and Personal Information of Law Enforcement Officers and Covered Persons, UCC financing statements and similar forms. Inmates are also prohibited from obtaining or possessing any documents which contain unauthorized personal information, including, but not limited to, home address, home telephone numbers, social security number, personal email, or home fax number of any jurors, witnesses, informants, or of any federal official, including, but not limited to, Bureau of Prisons staff, United States Attorneys, Assistant United States Attorneys, Judges, and other Federal agents. Possession of personal information about immediate family members of a covered person is also prohibited. If an inmate is found to be in possession of these types of documents or information, the items will be confiscated. The inmate will be subject to inmate discipline, and your case may be referred for possible prosecution. Inmates may use the Administrative Remedy process to challenge the confiscation or rejection of such materials. Executive Clemency The BOP advises all inmates that the President of the United States is authorized under the Constitution to grant executive clemency by pardon, commutation of sentence, or reprieve. A pardon is an executive act of grace that is a symbol of forgiveness. It does not connote innocence nor does it expunge the record of conviction. A pardon restores civil rights and facilitates the restoration of professional and other licenses that may have been lost by reason of the conviction. Other forms of executive clemency include commutation of sentence (reduction of sentence imposed after a conviction), and a reprieve (the suspension of execution of a sentence for a period of time). Inmates should contact their assigned Case Manager for additional information regarding this program.
44
Commutation of Sentence The BOP also advises inmates on commutation of sentences. Commutation of sentence is usually the last chance to correct an injustice which has occurred in the criminal justice process. Inmates applying for commutation of sentence must do so on forms available from the assigned unit team. The rules governing these petitions are available in the Law Library. Pardon A pardon may not be applied for until the expiration of at least five (5) years from the date of release from confinement. In some cases involving crimes of a serious nature, such as violation of Narcotics Laws, Gun Control Laws, Income Tax Laws, Perjury, and violation of public trust involving personal dishonesty, fraud involving substantial sums of money, violations involving organized crime, or crimes of a serious nature, a waiting period of seven years is usually required. Compassionate Release/Reduction in Sentence The Director of the Bureau of Prisons may motion an inmate’s sentencing court for reduction in sentence (RIS) for an inmate presenting extraordinary and compelling circumstances. See 18 U.S.C. § 3582 and Program Statement on Compassionate Release/Reduction in Sentence. The BOP may consider both medical and non-medical circumstances. The BOP consults with the U.S. Attorney’s Office that prosecuted the inmate and will notify any victims of the inmate’s current offense. If the RIS is granted, the judge will issue an order for the inmate’s release and he or she will then usually begin serving the previously imposed term of supervised release. If an inmate's RIS request is denied, the inmate will be provided a statement of reasons for the denial. The inmate may appeal a denial through the Administrative Remedy Procedure. Denials by the General Counsel or the Director are final agency decisions and are not appealable. Inmates who feel their request is of an emergency nature (e.g., a terminal medical condition) may state as such in accordance with the regulation. (See 28 CFR part 542, subpart B). PROBLEM RESOLUTION Inmate Request to Staff Member An Inmate Request to Staff Member (form BP-S148), commonly called a Cop-Out, is used to make a written request to a staff member. Any type of request can be made with this form. Cop-outs may be obtained in the living units from the Correctional Officer on duty. Staff members will answer the request within a reasonable period of time. Administrative Remedy Process The BOP emphasizes and encourages the resolution of complaints. The first step of the Administrative Remedy process is to attempt an Informal Resolution, utilizing the appropriate Informal Resolution form. (See the Administrative Remedy Institution Supplement, Attachment A.) When an informal resolution is not successful, an inmate can access the Administrative Remedy Program. All Administrative Remedy forms may be obtained from your assigned Correctional Counselor or Unit Team member. If the issue cannot be informally resolved, a formal complaint may be filed with a Request for Administrative Remedy (formerly BP-229), commonly referred to as a BP-9. The inmate may place a single complaint or related issues on the form. If the form contains multiple unrelated issues, the submission will be rejected. The inmate will return the completed BP-9 to the Correctional Counselor, who will deliver it to the Administrative Remedy Coordinator (BP-9 will be rejected 45
unless processed through staff). The BP-9 complaint must be filed within twenty (20) calendar days from the date on which the basis for the incident or complaint occurred, unless it was not feasible to file within that period of time which should be documented in the complaint. Institution staff has twenty (20) calendar days to act on the complaint and to provide a written response to the inmate. This time limit for the response may be extended for an additional twenty (20) calendar days. The inmate will be notified of the extension. If the inmate is not satisfied with the Warden’s response to the BP-9, he may file an appeal to the Regional Director. This appeal must be received in the Regional Office within twenty (20) calendar days from the date of the BP-9 response. The regional appeal is filed on a Regional Administrative Remedy Appeal (form BP-230), commonly referred to as a BP-10, and must include the appropriate number of copies of the BP-9 form, the Warden’s response, and any exhibits. The regional appeal must be answered within thirty (30) calendar days, but the time limit may be extended an additional thirty (30) days. The inmate will be notified of the extension. If the inmate is not satisfied with the Regional Director’s response, he may appeal to the General Counsel in the Central Office. The national appeal must be made on the Central Office Administrative Remedy Appeal (form BP-231), commonly referred to as a BP-11, and must have the appropriate number of copies of the BP-9, BP-10, both responses, and any exhibits. The national appeal must be answered within forty (40) calendar days, but the time limit may be extended an additional twenty (20) days. The inmate will be notified of the extension. When filing a Request for Administrative Remedy or an Appeal (BP-9, BP-10, or BP-11), the form should contain the following information: · Statement of Facts · Grounds for Relief · Relief Requested Sensitive Complaints If an inmate believes a complaint is of a sensitive nature and he would be adversely affected if the complaint became known to the institution, he may file the complaint directly to the Regional Director. The inmate must explain, in writing, the reason for not filing the complaint with the institution. If the Regional Director agrees the complaint is sensitive, it shall be accepted and a response to the complaint will be processed. If the Regional Director does not agree the complaint is sensitive, the inmate will be advised in writing of that determination and the complaint will be returned. The inmate may then pursue the matter by filing a BP-9 at the institution. General Information When a complaint is determined to be of an emergency and threatens the inmate’s immediate health or welfare, the reply must be made as soon as possible, usually within seventy-two (72) hours from the receipt of the complaint. For detailed instructions see Program Statement 1330.16, Administrative Remedy Program. DISCIPLINARY PROCEDURES Inappropriate sexual behavior towards staff and other inmates will not be tolerated. Inappropriate sexual behavior is defined as verbal or physical conduct perceived as a sexual proposal, act, or threat. 46
Examples of inappropriate inmate sexual behavior include: displaying sexually explicit materials; making sexually suggestive jokes, comments, proposals, and gestures; and engaging in stalking, indecent exposure, masturbation, or physical contact. Inmates who engage in this type of behavior will be disciplined and sanctioned accordingly, through the inmate discipline process. Discipline The inmate discipline program helps ensure the safety, security, and orderly operation for all inmates. Violations of BOP rules and regulations are handled by the Unit Discipline Committee (UDC) and, for more serious violations, the Disciplinary Hearing Officer (DHO). Upon arrival at an institution, inmates are advised of the rules and regulations and are provided with copies of the Prohibited Acts and Available Sanctions, as well as local regulations. Inmate Discipline Information When a staff member witnesses or reasonably believes an inmate has committed a prohibited act, a staff member will issue an incident report, a written copy of the charges against an inmate. The incident report will ordinarily be delivered to the inmate within 24 hours of the time staff became aware of the inmate’s involvement in the incident. If the incident is referred for prosecution, the incident report is delivered by the end of the next work day after it has been released for administrative processing. An informal resolution of the incident may be attempted at any stage of the discipline process. If an informal resolution is accomplished, the incident report will be removed from the inmate’s central file. Informal resolution is encouraged for all violations in the Moderate and Low severity categories. Staff may suspend disciplinary proceedings up to two calendar weeks while informal resolution is undertaken. If an informal resolution is not accomplished, staff will reinstate the discipline process at the stage at which they were suspended. Violations in the Greatest and High severity categories cannot be informally resolved and must be forwarded to the DHO for final disposition. Initial Hearing Inmates will ordinarily be given an initial hearing within five (5) work days after the incident report is issued, excluding the day it was issued, weekends, and holidays. The Warden must approve, in writing, the any extension over five (5) days. The inmate is entitled to be present at the initial hearing and may make statements and present documentary evidence. The UDC must give its decision in writing to the inmate by the close of the next work day. The UDC may make findings on Moderate and Low severity offenses. The UDC will automatically refer Greatest and High severity offenses to the DHO for final disposition. DISCIPLINE HEARING OFFICER (DHO) The Disciplinary Hearing Officer (DHO) conducts disciplinary hearings on all Greatest and High severity prohibited acts and other violations referred by the UDC at the Moderate and Low severity levels. The DHO may not hear any case not referred by the UDC. An inmate will be provided with advance written notice of the charge(s) not less than 24 hours before the inmate’s appearance before the DHO. Inmates may waive this requirement. Inmates may appear before the DHO either in person or electronically (for example, by video or telephone conferencing). The Warden provides a full-time staff member to represent an inmate, if requested. An inmate may make statements and present documentary evidence on his or her behalf. The inmate may request witnesses appear at the DHO hearing to provide statements. The DHO will call witnesses who have information directly relevant to the charge(s) and are reasonably available. The DHO will request a statement from all unavailable witnesses whose testimony is deemed relevant. Inmates may not question a witness at the hearing; 47
however, the staff representative and/or the DHO will question the witness(es). An inmate may submit a list of questions for the witness(es) to the DHO if there is no staff representative. An inmate has the right to be present throughout the DHO hearing, except during deliberations. The inmate charged may be excluded during appearances of outside witnesses or when institution security may be jeopardized. The DHO may postpone or continue a hearing for good cause or disposition when the case does not warrant DHO involvement, or may refer an incident report back for further investigation or review. The DHO will give the inmate a written copy of the decision and disposition, ordinarily within 15 days of the decision. Appeals of Disciplinary Actions Appeals of all disciplinary actions may be made through the Administrative Remedy Program. The initial reviewing official for the UDC is the Warden. The decision of the DHO is final and subject to review only by the Regional Director through the Administrative Remedy program. Appeals are made to the Regional Director (BP-230) and the General Counsel (BP-231). On appeal, the reviewing authority (Warden, Regional Director, or General Counsel) considers: · · ·
Whether the UDC or DHO substantially complied with regulations on inmate discipline. Whether the UDC or DHO based its decision on facts. If there is conflicting evidence, whether the decision was based on the greater weight of the evidence. Whether an appropriate sanction was imposed for the severity level of the prohibited act, and other relevant circumstances.
Special Housing Unit Status Special Housing Units (SHUs) are housing units in BOP institutions where inmates are securely separated from the general inmate population, and may be housed either alone or with other inmates. SHU helps ensure the safety, security, and orderly operation of correctional facilities, and protect the public by providing alternative housing assignments for inmates removed from the general population. When placed in the SHU, you are either in administrative detention (A/D) status or disciplinary segregation (D/S) status. Administrative detention (A/D) status: A/D is an administrative status which removes you from the general population when necessary to ensure the safety, security, and orderly operation of correctional facilities, or protect the public. Administrative detention status is non-punitive, and can occur for a variety of reasons. You may be placed in A/D status for the following reasons: (a) Pending Classification or Reclassification: You are a new commitment pending classification or under review for Reclassification. This includes newly arrived inmates from the bus, airlift, and U. S. Marshals Service. (b) Holdover Status: You are in holdover status during transfer to a designated institution or other destination. (c) Removal from general population: Your presence in the general population poses a threat to life, property, self, staff, other inmates, the public, or to the security or orderly running of the institution 48
and: (1) Investigation: You are under investigation or awaiting a hearing for possibly violating a Bureau regulation or criminal law; (2) Transfer: You are pending transfer to another institution; (3) Protection cases: You requested, or staff determined, you require administrative detention status for your own protection; or (4) Post-disciplinary detention: You are ending confinement in disciplinary segregation status, and your return to the general population would threaten the safety, security, and orderly operation of a correctional facility, or public safety. When placed in A/D status, you will receive a copy of the administrative detention order, ordinarily within 24 hours, detailing the reason(s) for your placement. However, when placed in A/D status pending classification or while in holdover status, you will not receive an administrative detention order. In A/D status you are ordinarily allowed a reasonable amount of personal property and reasonable access to the commissary. Disciplinary segregation (D/S) status: D/S is a punitive status imposed only by a Discipline Hearing Officer (DHO) as a sanction for committing a prohibited act(s). When you are placed in D/S status, as a sanction for violating BOP regulations, you will be informed by the DHO at the end of your discipline hearing. In D/S status, your personal property will be impounded, with the exception of limited reading/writing materials and religious articles. Your commissary privileges may also be limited. In either status, your amount of personal property may be limited for reasons of fire safety or sanitation. The Warden may modify the quantity and type of personal property allowed. Personal property may be limited or withheld for reasons of security, fire safety, or housekeeping. The unauthorized use of any authorized item may result in the restriction of the item. If there are numerous misuses of an authorized item, the Warden may determine that the item will not be issued in the SHU. Program staff, including unit staff, will arrange to visit inmates in a SHU within a reasonable time after receiving the inmate's request. A Health Services staff member will visit you daily to provide necessary medical care. While in SHU, you may continue taking your prescribed medications. In addition, after every 30 calendar days of continuous placement in either A/D or D/S status, a Mental Health staff will examine and interview you. RELEASE Sentence Computation The Designation and Sentence Computation Center (DSCC), located in Grand Prairie, Texas, is responsible for the computation of inmate sentences. Once staff at the DSCC have certified the sentence computation as being accurate, staff will provide the inmate with a copy of his or her sentence computation data. Any questions concerning good time, jail time credit, parole eligibility dates, full term dates, or release dates are resolved by staff upon inmate request for clarification.
49
Fines and Costs In addition to jail time, the court may impose committed or non-committed fines and/or costs. Committed fines mean that the inmate will remain in prison until the fine is paid, makes arrangements to pay the fine, or qualifies for release under the provisions of Title 18 USC, Section 3569 (Discharge of indigent prisoner). Non-committed fines have no condition of imprisonment based on payment of fines or costs. Payments for a non-committed fine or cost are not required for release from prison or transfer to a contract residential reentry center. Detainers Case management staff may give assistance to offenders in their efforts to have detainers against them disposed of, either by having the charges dropped, by restoration to probation or parole status, or by arrangement for concurrent service of the state sentence. The degree to which the staff can assist in such matters as these will depend on individual circumstances. The Interstate Agreement on Detainers Act (IADA) allows for the disposition of untried charges, indictments, information, or complaints that have been lodged as a detainer by party states. The United States of America, the District of Colombia, and any U.S. state or territory that has codified the IADA into its statutes have been identified as party states. The states of Mississippi and Louisiana, the Commonwealth of Puerto Rico, and the territories have not joined the IADA to date. Good Conduct Good Time This applies to inmates sentenced for an offense committed on or after November 1, 1987, under the Sentencing Reform Act of 1984 (SRA), the Violent Crime Control Law Enforcement Act (VCCLEA), or Prison Litigation Reform Act (PLRA). The SRA became law on November 1, 1987. The two most significant changes made to sentencing statutes concern good time and parole issues. There are no provisions for parole under the SRA. The only good time available under the SRA is 54 days of Good Conduct Time (GCT) for each year served on the sentence. No GCT is applied to life terms, or to sentences of 1 year or less. Good time is not awarded under the SRA until the end of each year served on the sentence, and may be awarded in part or in whole, contingent upon behavior during the year. Once awarded, GCT earned under the SRA is vested, and may not be forfeited at a later time. For inmates convicted under the VCCLEA, for offenses committed from September 13, 1994, through April 25, 1996, the 54 days of GCT earned for each year served on the sentence will not vest if an inmate does not have a high school diploma or a GED, and the inmate is not making satisfactory progress toward earning a GED. Unsatisfactory progress is determined by the institution Education Department. For inmates sentenced under the PLRA, for offenses committed on or after April 26, 1996, the GCT earned for time spent in service of the sentence does not vest. In addition, if an inmate does not have a high school diploma or a GED, and the inmate is not making satisfactory progress toward earning a GED, only 42 days of GCT will be earned for each year in the service of the sentence. Unsatisfactory progress is determined by the institution Education Department. The amount of GCT an inmate is eligible to receive is based on the amount of time served on the sentence, not the length of the sentence. This calculation method has been upheld by the U.S. 50
Supreme Court. THE GOOD TIME DISCUSSIONS BELOW DO NOT APPLY TO INMATES SENTENCED UNDER THE NEW SENTENCING GUIDELINES. Good Time Good Time awarded by the BOP under statutes enacted prior to November 1, 1987, has the effect of reducing the stated term of the sentence that is, it advances the date when release will be mandatory if the offender is not paroled at an earlier date. The award of Good Time does not in itself advance the offender’s release date. It has that effect only if the offender would not otherwise be paroled before the mandatory date. Statutory Good Time Under 18 U.S. Code 4161, an offender sentenced to a definite term of six months or more is entitled a deduction from his term, computed as follows, if the offender has faithfully observed the rules of the institution and has not been disciplined: Not greater than one year - 5 days for each month of the not less than six months or more than one year sentence. More than 1 year, less than 3 years - 6 days for each month of the stated sentence. At least 3 years, less than 5 years - 7 days for each month of the stated sentence. At least 5 years, less than 10 years - 8 days for each month of the stated sentence. 10 years or more - 10 days for each month of the stated sentence. At the beginning of a prisoner’s sentence, the full amount of statutory good time is credited, subject to forfeiture if the prisoner commits disciplinary infractions. The following applies only to inmates sentenced for an offense committed prior to November 1, 1987. Extra Good Time The Bureau of Prisons awards extra good time credit for performing exceptionally meritorious service, performing duties of outstanding importance, or for employment in an Industry or Camp. An inmate may earn only one type of good time award at a time (e.g., an inmate earning industrial or Camp good time is not eligible for meritorious good time), except that a lump sum award may be given in addition to another extra good time award. Neither the Warden nor the DHO may forfeit or withhold extra good time. The Warden may disallow or terminate the awarding of any type of Extra Good Time (except for lump sum awards), but only in a non-disciplinary context and only upon recommendation of staff. The DHO may disallow or terminate the awarding of any type of Extra Good Time, (except lump sum awards) as a disciplinary sanction. Once an awarding of meritorious good time has been terminated, the Warden must approve a new staff recommendation in order for the award to recommence. A disallowance means that an inmate does not receive an Extra Good Time award for only one calendar month. A disallowance must be for the entire amount of extra good time for that calendar month. There may be no partial disallowance. A decision to disallow or terminate extra good time may not be suspended pending future consideration. A retroactive award of meritorious good time may not include a month in which Extra Good Time has been disallowed or terminated. 51
Residential Reentry Center Good Time Extra good time for an inmate in a Federal or contract Residential Reentry Center is awarded automatically beginning on arrival at that facility and continuing as long as the inmate is confined to the Center, unless the award is disallowed. Camp Good Time An inmate assigned to a camp is automatically awarded Extra Good Time, beginning on the date of commitment to the camp, and continuing as long as the inmate is assigned to the camp unless the award is disallowed. Lump Sum Awards Any staff member may recommend to the Warden the approval of an inmate for a lump sum award of Extra Good Time. Such recommendations must be for an exceptional act or service that is not a part of a regularly assigned duty. The Warden may make lump sum awards of Extra Good Time of not more than thirty (30) days. If the recommendation is for more than thirty days, and the Warden agrees, the Warden will refer the recommendation to the Regional Director, who may approve the award.
Good Time Procedures Extra Good Time is awarded at a rate of three days per month during the first twelve months, and at the rate of five days per month thereafter (i.e., the first twelve months, as stated, means 11 months and 30 days -Day for Day - of earning Extra Good Time before an inmate can start earning five days per month. Parole Parole is release from incarceration under conditions established by the U.S. Parole Commission. Parole is not a pardon or an act of clemency. A parolee remains under the supervision of a U.S. Probation Officer until the expiration of his full term. Federal inmates sentenced prior to 1987 are ordinarily permitted an opportunity to appear before the Parole Commission within 120 days of commitment (EXEMPTIONS: inmates sentenced before September 6, 1977 and inmates with a minimum parole eligibility of ten years). Inmates sentenced in the District of Columbia Superior Court who are eligible for parole will normally receive a parole hearing 180 days prior to their parole eligibility date. If the inmate chooses not to appear before the Parole Board for the initial hearing, a waiver must be given to the Case Manager prior to the time of the scheduled parole hearing. This waiver will be made part of the Parole Commission file and the inmate’s central file. All inmates who previously waived a parole hearing are eligible to appear before the Parole Board at any regularly scheduled hearing after they waive. Application for a parole hearing must be made at least 60 days before the first day of the month of the hearings. The Parole Board conducts hearings at most Bureau institutions every two months. Applications, to the Parole Commission for a hearing, are the responsibility of the inmate, but in certain cases the Unit Team will assist the inmate if necessary. Application forms may be obtained from the Case Manager.
52
Following the hearing, the inmate will be advised of the tentative decision reached in the case by the hearing examiners. The recommendations of the hearing examiner must be confirmed by the Regional Office of the Parole Board. This confirmation usually takes three to four weeks and is made through the mail on a form called a Notice of Action. Federal inmates may appeal a decision made the Parole Commission by obtaining the appropriate forms from the Case Manager. Inmates with a District of Columbia Superior Court case cannot appeal a decision made by the Parole Commission. If granted a presumptive parole date ( a parole date more than six months following the hearing), a parole progress report will be sent to the Parole Board three to six months before the parole date. Parole may be granted to a detainer or for the purpose of deportation. The inmate should have an approved residence and an approved employer before being released on parole. Residential Reentry Center Placement Inmates who are nearing release, and who need assistance in obtaining a job, residence or other community resources, may be referred for placement at a Residential Reentry Center (RRC). The Residential Reentry Management Regional Administrator supervises services provided to offenders housed in contract facilities and participating in specialized programs in the community. The Residential Reentry Manager (RRM) links the BOP with the U.S. Courts, other Federal agencies, State and local governments, and the community. Located strategically throughout the country, the RRM is responsible for developing and maintaining a variety of contract facilities and programs, working under the supervision of the appropriate regional administrator. Community programs have two major emphases: residential community-based programs provided by RRCs and programs that provide intensive nonresidential supervision to offenders in the community. Community-Based Residential Programs The community-based residential programs available include both typical RRCs and work release programs provided by local detention facilities. The RRCs provide a suitable residence, structured programs, job placement and counseling while monitoring the offender’s activities. They also provide drug testing and counseling, and alcohol monitoring and treatment. While in these programs, employed offenders are required to pay subsistence to help defray the cost of their confinement. The inmate’s payment rate during RRC residence is 25 percent of the inmate’s gross income. Most BOP community-based residential programs are proved in RRCs. These facilities contract with the BOP to provide residential correctional programs near the offender’s home community. RRCs are used primarily for three types of offenders: · · ·
Those nearing release from a BOP institution, as a transitional service while the offender is finding a job, locating a place to live, and reestablishing family ties. Those under community supervision who need guidance and supportive services beyond what can be provided through regular supervision by U.S. Probation. Those serving short sentences of imprisonment and terms of community confinement.
Each RRC now provides two components within one facility, a prerelease component and a community corrections component. The prerelease component assists offenders making the transition from an institutional setting to the community, or as a resource while under supervision. The community corrections component is more restrictive.
53
Except for employment and other required activities, the offenders are required to main at the RRC, where recreation, visiting, and other activities are provided in-house. The other option for community-based residential programming is local detention facilities. Some local jails and detention centers are used to confine offenders serving short sentences. Many have work release programs where an offender is employed in the community during the day and returns to the institution at night. These facilities may also be used for offenders sentenced to terms of intermittent confinement such as nights, weekends, or other short intervals. Some of these local facilities have work release programs similar to the community corrections component in a RRC, serving to facilitate the transition from the institution to the community. The Adam Walsh Child Protection and Safety Act The Adam Walsh Child Protection and Safety Act (Pub.L. 109-248) was signed into law on July 27, 2006. The legislation organizes sex offenders into 3 tiers, and mandates that Tier 3 offenders update their whereabouts every 3 months. It makes failure to register and update information a felony. It also creates a national sex offender registry and instructs each state and territory to apply identical criteria for posting offender data on the Internet (i.e., offender's name, address, date of birth, place of employment, photograph, etc.). Conclusion Hopefully this information will assist inmates during their incarceration and help clarify any concerns they may encounter. New commitments should feel free to ask any staff member for assistance, particularly unit staff. For individuals who are not yet in custody, and who have been given this publication to prepare for commitment, the BOP’s RRM or the staff at the institution to which they have been designated can help clarify any other concerns. INMATE RIGHTS AND RESPONSIBILITIES
1.
RIGHTS You have the right to expect that you will be treated in a fair in the same manner
1.
RESPONSIBILITES You are responsible for treating inmates and staff respectful, impartial, and manner by all staff.
2.
You have the right to be informed of the rules, procedures, and schedules concerning the operation of the institution.
2.
You have the responsibility to know and abide by them.
3.
You have the right to freedom of religious affiliation, and voluntary religious worship.
3.
You have the responsibility to recognize and respect the rights of others in this regard.
4.
You have the right to health care, which includes nutritious meals, proper bedding and clothing and a laundry schedule for cleanliness of the same, an opportunity to shower regularly, proper ventilation for
4.
It is your responsibility not to waste food, to follow the laundry and shower schedule, maintain neat and clean living quarters, to keep your area free of contraband and to seek medical and dental care as you may need it.
54
warmth, and fresh air, a regular exercise period, toilet articles and medical and dental treatment. 5.
You have the right to visit and correspond with family members and friends, and correspond with members of the news media in accordance with Bureau rules and institution guidelines.
5.
It is your responsibility to conduct yourself properly during visits. You will not engage in inappropriate conduct during visits to include sexual acts and introduction of contraband, and not to violate the law or Bureau guidelines through correspondence.
6.
You have the right to unrestricted and confidential access to the courts by correspondence (on matters such as the legality of your conviction, civil matters, pending criminal cases, and conditions of your imprisonment.)
6.
You have the responsibility to present honest and fairly your petitions, questions and problems to the court.
7.
You have the right to legal counsel from an attorney of your choice by interviews and correspondence.
7.
It is your responsibility to use the services of an attorney honestly and fairly.
8.
You have the right to participate in the use of law library reference materials to assist you in resolving legal problems. You also have the right to receive help when it is available through a legal assistance program.
8.
It is your responsibility to use these resources in keeping with the procedures and schedule prescribed and to respect the rights of other inmates to the use of the materials and assistance.
9.
You have the right to a wide range of reading materials for educational purposes and for your own enjoyment. These materials may include magazines and newspapers sent from the community with certain restrictions.
9.
It is your responsibility to seek and utilize such materials for your personal benefit, without depriving others of their equal rights to use the material.
10.
You have the right to participate in education, vocational training and employment as far as resources are available, and in keeping with your interests, needs and abilities
10.
You have the responsibility to take advantage of activities which may help you live a successful and law-abiding life within the institution and in the community. You will be expected to abide by the regulations governing the use of such activities.
11.
You have the right to use your funds
11.
You have the responsibility to meet your
55
for commissary and other purchases, consistent with institution security and good order, for opening bank and/or savings accounts, and for assisting your family, in accordance with Bureau rules.
financial and legal obligations, including, but not limited to, DHO and court imposed assessments, fines and restitution. You also have the responsibility to make use of your funds in a manner consistent with your release plans, your family needs, and for other obligations that you may have.
PROHIBITED ACTS AND AVAILABLE SANCTIONS GREATEST SEVERITY LEVEL PROHIBITED ACTS 100 Killing. 101 Assaulting any person, or an armed assault on the institution’s secure perimeter (a charge for assaulting any person at this level is to be used only when serious physical injury has been attempted or accomplished). 102 Escape from escort; escape from any secure or non-secure institution, including community confinement; escape from unescorted community program or activity; escape from outside a secure institution. 103 Setting a fire (charged with this act in this category only when found to pose a threat to life or a threat of serious bodily harm or in furtherance of a prohibited act of Greatest Severity, e.g., in furtherance of a riot or escape; otherwise the charge is properly classified Code 218, or 329). 104 Possession, manufacture, or introduction of a gun, firearm, weapon, sharpened instrument, knife, dangerous chemical, explosive, ammunition, or any instrument used as a weapon. 105 Rioting. 106 Encouraging others to riot. 107 Taking hostage(s). 108 Possession, manufacture, introduction, or loss of a hazardous tool (tools most likely to be used in an escape or escape attempt or to serve as weapons capable of doing serious bodily harm to others; or those hazardous to institutional security or personal safety; e.g., hacksaw blade, body armor, maps, handmade rope, or other escape paraphernalia, portable telephone, pager, or other electronic device). 109 (Not to be used). 110 Refusing to provide a urine sample; refusing to breathe into a Breathalyzer; refusing to take part in other drug-abuse testing. 111 Introduction or making of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. 112 Use of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. 113 Possession of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. 114 Sexual assault of any person, involving non-consensual touching by force or threat of force. 115 Destroying and/or disposing of any item during a search or attempt to search. 196 Use of the mail for an illegal purpose or to commit or further a Greatest category prohibited act. 197 Use of the telephone for an illegal purpose or to commit or further a Greatest category prohibited act. 198 Interfering with a staff member in the performance of duties most like another Greatest severity prohibited act. This charge is to be used only when another charge of Greatest severity is not 56
accurate. The offending conduct must be charged as “most like” one of the listed Greatest severity prohibited acts. 199 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Greatest severity prohibited act. This charge is to be used only when another charge of Greatest severity is not accurate. The offending conduct must be charged as “most like” one of the listed Greatest severity prohibited acts. AVAILABLE SANCTIONS FOR GREATEST SEVERITY LEVEL PROHIBITED ACTS A. Recommend parole date rescission or retardation. B. Forfeit and/or withhold earned statutory good time or non-vested good conduct time (up to 100%) and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended). B.1. Disallow ordinarily between 50% and 75% (27-41 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended). C. Disciplinary segregation (up to 12 months). D. Make monetary restitution. E. Monetary fine. F. Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation). G. Change housing (quarters). H. Remove from program and/or group activity. I. Loss of job. J. Impound inmate’s personal property. K. Confiscate contraband. L. Restrict to quarters. M. Extra duty. HIGH SEVERITY LEVEL PROHIBITED ACTS 200 Escape from a work detail, non-secure institution, or other non-secure confinement, including community confinement, with subsequent voluntary return to Bureau of Prisons custody within four hours. 201 Fighting with another person. 202 (Not to be used). 203 Threatening another with bodily harm or any other offense. 204 Extortion; blackmail; protection; demanding or receiving money or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing. 205 Engaging in sexual acts. 206 Making sexual proposals or threats to another. 207 Wearing a disguise or a mask. 208 Possession of any unauthorized locking device, or lock pick, or tampering with or blocking any lock device (includes keys), or destroying, altering, interfering with, improperly using, or damaging any security device, mechanism, or procedure. 209 Adulteration of any food or drink. 210 (Not to be used). 211 Possessing any officer’s or staff clothing. 212 Engaging in or encouraging a group demonstration. 213 Encouraging others to refuse to work, or to participate in a work stoppage. 214 (Not to be used). 57
215 (Not to be used). 216 Giving or offering an official or staff member a bribe, or anything of value. 217 Giving money to, or receiving money from, any person for the purpose of introducing contraband or any other illegal or prohibited purpose. 218 Destroying, altering, or damaging government property, or the property of another person, having a value in excess of $100.00, or destroying, altering, damaging life-safety devices (e.g., fire alarm) regardless of financial value. 219 Stealing; theft (including data obtained through the unauthorized use of a communications device, or through unauthorized access to disks, tapes, or computer printouts or other automated equipment on which data is stored). 220 Demonstrating, practicing, or using martial arts, boxing (except for use of a punching bag), wrestling, or other forms of physical encounter, or military exercises or drill (except for drill authorized by staff). 221 Being in an unauthorized area with a person of the opposite sex without staff permission. 222 (Not to be used). 223 (Not to be used). 224 Assaulting any person (a charge at this level is used when less serious physical injury or contact has been attempted or accomplished by an inmate). 225 Stalking another person through repeated behavior which harasses, alarms, or annoys the person, after having been previously warned to stop such conduct. 226 Possession of stolen property. 227 Refusing to participate in a required physical test or examination unrelated to testing for drug abuse (e.g., DNA, HIV, tuberculosis). 228 Tattooing or self-mutilation. 229 Sexual assault of any person, involving non-consensual touching without force or threat of force. 296 Use of the mail for abuses other than criminal activity which circumvent mail monitoring procedures (e.g., use of the mail to commit or further a High category prohibited act, special mail abuse; writing letters in code; directing others to send, sending, or receiving a letter or mail through unauthorized means; sending mail for other inmates without authorization; sending correspondence to a specific address with directions or intent to have the correspondence sent to an unauthorized person; and using a fictitious return address in an attempt to send or receive unauthorized correspondence). 297 Use of the telephone for abuses other than illegal activity which circumvent the ability of staff to monitor frequency of telephone use, content of the call, or the number called; or to commit or further a High category prohibited act. 298 Interfering with a staff member in the performance of duties most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like” one of the listed High severity prohibited acts. 299 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like” one of the listed High severity prohibited acts. AVAILABLE SANCTIONS FOR HIGH SEVERITY LEVEL PROHIBITED ACTS A. Recommend parole date rescission or retardation. B. Forfeit and/or withhold earned statutory good time or non-vested good conduct time up to 50% or up to 60 days, whichever is less, and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended). 58
B.1 Disallow ordinarily between 25% and 50% (14-27 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended). C. Disciplinary segregation (up to 6 months). D. Make monetary restitution. E. Monetary fine. F. Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation). G. Change housing (quarters). H. Remove from program and/or group activity. I. Loss of job. J. Impound inmate’s personal property. K. Confiscate contraband. L. Restrict to quarters. M. Extra duty. MODERATE SEVERITY LEVEL PROHIBITED ACTS 300 Indecent Exposure. 301 (Not to be used). 302 Misuse of authorized medication. 303 Possession of money or currency, unless specifically authorized, or in excess of the amount authorized. 304 Loaning of property or anything of value for profit or increased return. 305 Possession of anything not authorized for retention or receipt by the inmate, and not issued to him through regular channels. 306 Refusing to work or to accept a program assignment. 307 Refusing to obey an order of any staff member (may be categorized and charged in terms of greater severity, according to the nature of the order being disobeyed, e.g. failure to obey an order which furthers a riot would be charged as 105, Rioting; refusing to obey an order which furthers a fight would be charged as 201, Fighting; refusing to provide a urine sample when ordered as part of a drug-abuse test would be charged as 110). 308 Violating a condition of a furlough. 309 Violating a condition of a community program. 310 Unexcused absence from work or any program assignment. 311 Failing to perform work as instructed by the supervisor. 312 Insolence towards a staff member. 313 Lying or providing a false statement to a staff member. 314 Counterfeiting, forging, or unauthorized reproduction of any document, article of identification, money, security, or official paper (may be categorized in terms of greater severity according to the nature of the item being reproduced, e.g., counterfeiting release papers to effect escape, Code 102). 315 Participating in an unauthorized meeting or gathering. 316 Being in an unauthorized area without staff authorization. 317 Failure to follow safety or sanitation regulations (including safety regulations, chemical instructions, tools, MSDS sheets, OSHA standards). 318 Using any equipment or machinery without staff authorization. 319 Using any equipment or machinery contrary to instructions or posted safety standards. 320 Failing to stand count. 321 Interfering with the taking of count. 322 (Not to be used). 59
323 (Not to be used). 324 Gambling. 325 Preparing or conducting a gambling pool. 326 Possession of gambling paraphernalia. 327 Unauthorized contacts with the public. 328 Giving money or anything of value to, or accepting money or anything of value from, another inmate or any other person without staff authorization. 329 Destroying, altering, or damaging government property, or the property of another person, having a value of $100.00 or less. 330 Being unsanitary or untidy; failing to keep one's person or quarters in accordance with posted standards. 331 Possession, manufacture, introduction, or loss of a non-hazardous tool, equipment, supplies, or other non-hazardous contraband (tools not likely to be used in an escape or escape attempt, or to serve as a weapon capable of doing serious bodily harm to others, or not hazardous to institutional security or personal safety) (other non-hazardous contraband includes such items as food, cosmetics, cleaning supplies, smoking apparatus and tobacco in any form where prohibited, and unauthorized nutritional/dietary supplements). 332 Smoking where prohibited. 333 Fraudulent or deceptive completion of a skills test (e.g., cheating on a GED, or other educational or vocational skills test). 334 Conducting a business; conducting or directing an investment transaction without staff authorization. 335 Communicating gang affiliation; participating in gang related activities; possession of paraphernalia indicating gang affiliation. 336 Circulating a petition. 396 Use of the mail for abuses other than criminal activity which do not circumvent mail monitoring; or use of the mail to commit or further a Moderate category prohibited act. 397 Use of the telephone for abuses other than illegal activity which do not circumvent the ability of staff to monitor frequency of telephone use, content of the call, or the number called; or to commit or further a Moderate category prohibited act. 398 Interfering with a staff member in the performance of duties most like another Moderate severity prohibited act. This charge is to be used only when another charge of Moderate severity is not accurate. The offending conduct must be charged as “most like” one of the listed Moderate severity prohibited acts. 399 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Moderate severity prohibited act. This charge is to be used only when another charge of Moderate severity is not accurate. The offending conduct must be charged as “most like” one of the listed Moderate severity prohibited acts. AVAILABLE SANCTIONS FOR MODERATE SEVERITY LEVEL PROHIBITED ACTS A. Recommend parole date rescission or retardation. B. Forfeit and/or withhold earned statutory good time or non-vested good conduct time up to 25% or up to 30 days, whichever is less, and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended). B.1 Disallow ordinarily up to 25% (1-14 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended). C. Disciplinary segregation (up to 3 months). D. Make monetary restitution. 60
E. F. G. H. I. J. K. L. M.
Monetary fine. Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation). Change housing (quarters). Remove from program and/or group activity. Loss of job. Impound inmate’s personal property. Confiscate contraband. Restrict to quarters. Extra duty.
LOW SEVERITY LEVEL PROHIBITED ACTS 400 (Not to be used). 401 (Not to be used). 402 Malingering, feigning illness. 403 (Not to be used). 404 Using abusive or obscene language. 405 (Not to be used). 406 (Not to be used). 407 Conduct with a visitor in violation of Bureau regulations. 408 (Not to be used). 409 Unauthorized physical contact (e.g., kissing, embracing). 498 Interfering with a staff member in the performance of duties most like another Low severity prohibited act. This charge is to be used only when another charge of Low severity is not accurate. The offending conduct must be charged as “most like” one of the listed Low severity prohibited acts. 499 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Low severity prohibited act. This charge is to be used only when another charge of Low severity is not accurate. The offending conduct must be charged as “most like” one of the listed Low severity prohibited acts. AVAILABLE SANCTIONS FOR LOW SEVERITY LEVEL PROHIBITED ACTS B.1 Disallow ordinarily up to 12.5% (1-7 days) of good conduct time credit available for year (to be used only where inmate found to have committed a second violation of the same prohibited act within 6 months); Disallow ordinarily up to 25% (1-14 days) of good conduct time credit available for year (to be used only where inmate found to have committed a third violation of the same prohibited act within 6 months) (a good conduct time sanction may not be suspended). C. Make monetary restitution. D. Monetary fine. E. Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation). F. Change housing (quarters). G. Remove from program and/or group activity. H. Loss of job. I. Impound inmate’s personal property. J. Confiscate contraband K. Restrict to quarters. L. Extra duty.
61
Table 2. ADDITIONAL AVAILABLE SANCTIONS FOR REPEATED PROHIBITED ACTS WITHIN THE SAME SEVERITY LEVEL Time Period for Frequency of Prohibited Act Prior Offense Repeated Severity Level (same code) Offense Low Severity (400 level)
6 months
2nd offense
Additional Available Sanctions 1. Disciplinary segregation (up to 1 month). 2. Forfeit earned SGT or non-vested GCT up to 10% or up to 15 days, whichever is less, and/or terminate or disallow extra good time (EGT) (an EGT sanction may not be suspended). Any available Moderate severity level sanction (300 series).
3rd or more offense Moderate Severity (300 level)
12 months
2nd offense
3rd or more offense High Severity (200 level)
18 months
2nd offense
3rd or more offense Greatest Severity (100 level)
24 months
2nd or more offense
62
1. Disciplinary segregation (up to 6 months). 2. Forfeit earned SGT or non-vested GCT up to 37 1/2% or up to 45 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended). Any available High severity level sanction (200 series). 1. Disciplinary segregation (up to 12 months). 2. Forfeit earned SGT or non-vested GCT up to 75% or up to 90 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended). Any available Greatest severity level sanction (100 series). Disciplinary Segregation (up to 18 months).
U. S. Department of Justice Federal Bureau of Prisons
Sexually Abusive Behavior Prevention and Intervention
An Overview for Offenders
(Updated August 9, 2013)
63
You Have the Right to be Safe from Sexually Abusive Behavior The Federal Bureau of Prisons has a zero tolerance policy against sexual abuse. While you are incarcerated, no one has the right to pressure you to engage in sexual acts. You do not have to tolerate sexually abusive behavior or pressure to engage in unwanted sexual behavior from another inmate or a staff member. Regardless of your age, size, race, ethnicity, gender or sexual orientation, you have the right to be safe from sexually abusive behavior. What Can You Do To Prevent Sexually Abusive Behavior Here are some things you can do to protect yourself and others against sexually abusive behavior: · Carry yourself in a confident manner at all times. Do not permit your emotion (fear/anxiety) to be obvious to others. · Do not accept gifts or favors from others. Most gifts or favors come with strings attached to them. · Do not accept an offer from another inmate to be your protector. · Find a staff member with whom you feel comfortable discussing your fears and concerns. · Be alert! Do not use contraband substances such as drugs or alcohol; these can weaken your ability to stay alert and make good judgments. · Be direct and firm if others ask you to do something you don’t want to do. Do not give mixed messages to other inmates regarding your wishes for sexual activity. · Stay in well-lit areas of the institution. · Choose your associates wisely. Look for people who are involved in positive activities like educational programs, psychology groups, or religious services. Get involved in these activities. · Trust your instincts. If you sense that a situation may be dangerous, it probably is. If you fear for your safety, report your concerns to staff. What Can You Do if You Are Afraid or Feel Threatened If you are afraid or feel you are being threatened or pressured to engage in sexual behaviors, you should discuss your concerns with staff. Because this can be a difficult topic to discuss, some staff, like psychologists, are specially trained to help you deal with problems in this area. If you feel immediately threatened, approach any staff member and ask for assistance. It is part of his/her job to ensure your safety. If it is a staff member that is threatening you, report your concerns immediately to another staff member that you trust, or follow the procedures for making a confidential report. What Can You Do if You Are Sexually Assaulted If you become a victim of a sexually abusive behavior, you should report it immediately to staff who will offer you protection from the assailant. You do not have to name the inmate(s) or staff assailant(s) in order to receive assistance, but specific information may make it easier for staff to know how best to respond. You will continue to receive protection from the assailant, whether or not you have identified him or her (or agree to testify against him/her).
64
After reporting any sexual assault, you will be referred immediately for a medical examination and clinical assessment. Even though you many want to clean up after the assault it is important to see medical staff. BEFORE you shower, wash, drink, eat, change clothing, or use the bathroom. Medical staff will examine you for injuries which may or may not be readily apparent to you. They can also check you for sexually transmitted diseases, pregnancy, if appropriate, and gather any physical evidence of assault. The individuals who sexually abuse or assault inmates can only be disciplined and/or prosecuted if the abuse is reported. Regardless of whether your assailant is an inmate or a staff member, it is important to understand that you will never be disciplined or prosecuted for being the victim of a sexual assault. How to Report an Incident of Sexually Abusive Behavior It is important that you tell a staff member if you have been sexually assaulted. It is equally important to inform staff if you have witnessed sexually abusive behavior. You can tell your case manager, Chaplain, Psychologist, SIS, the Warden or any other staff member you trust. BOP staff members are instructed to keep reported information confidential and only discuss it with the appropriate officials on a need to know basis concerning the inmate-victim’s welfare and for law enforcement or investigative purposes. There are other means to confidentiality report sexually abusive behavior if you are not comfortable talking with staff. · Write directly to the Warden, Regional Director or Director. You can send the Warden an Inmate Request to Staff Member (Cop-out) or a letter reporting the sexually abusive behavior. You may also send a letter to the Regional Director or Director of the Bureau of Prisons. To ensure confidentiality, use special mail procedures. · File an Administrative Remedy. You can file a Request for Administrative Remedy (BP-9). If you determine your complaint is too sensitive to file with the Warden, you have the opportunity to file your administrative remedy directly with the Regional Director (BP-10). You can get the forms from your counselor or other unit staff. · Write the Office of the Inspector General (OIG) which investigates certain allegations of staff misconduct by employees of the U.S. Department of Justice; all other sexual abuse/harassment allegations will be forwarded by the OIG to the BOP. OIG is a component of the Department of Justice and is not a part of the Bureau of Prisons. The address is: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, D.C. 20530 E-mail OIG. You can send an e-mail directly to OIG by clicking on the TRULINCS Request to Staff tab and selecting the Department Mailbox titled, DOJ Sexual Abuse Reporting. This method of reporting is processed by OIG during normal business hours, Monday – Friday. It is not a 24-hour hotline. For immediate assistance, contact institution staff.
65
Note: These e-mails: • • • • •
are untraceable at the local institution, are forwarded directly to OIG will not be saved in your e-mail ‘Sent’ list do not allow for a reply from OIG, If you want to remain anonymous to the BOP, you must request it in the e-mail to OIG.
Understanding the Investigative Process Once the sexually abusive behavior is reported, the BOP and/or other appropriate law enforcement agencies will conduct an investigation. The purpose of the investigation is to determine the nature and scope of the abusive behavior. You may be asked to give a statement during the investigation. If criminal charges are brought, you may be asked to testify during the criminal proceedings. Counseling Programs for Victims of Sexually Abusive Behavior Most people need help to recover from the emotional effects of sexually abusive behavior. If you are the victim of sexually abusive behavior, whether recent or in the past, you may seek counseling and/or advice from a psychologist or chaplain. Crisis counseling, coping skills, suicide prevention, mental health counseling, and spiritual counseling are all available to you. Contact your local Rape Crisis Center (RCC): Your institution may have a Memo of Understanding (MOU) with a local RCC. If so, Psychology Services can provide you with the contact information. If no MOU exists, you may seek services through Psychology Services. Management Program for Inmate Assailants Those who sexually abuse/assault others while in the custody of the BOP will be disciplined and prosecuted to the fullest extent of the law. If you are an inmate assailant, you will be referred to Correctional Services for monitoring. You will be referred to Psychology Services for an assessment of risk and treatment and management needs. Treatment compliance or refusal will be documented and decisions regarding your conditions of confinement and release may be effected. If you feel that you need help to keep from engaging in sexually abusive behaviors, psychological services are available. Policy Definitions Prohibited Acts: Inmates who engage in inappropriate sexual behavior can be charged with following Prohibited Acts under the Inmate Disciplinary Policy. Code 114/(A): Sexual Assault By Force Code 205/(A): Engaging in a Sex Act Code 206/(A): Making a Sexual Proposal Code 221/(A): Being in an Unauthorized Area with a Member of the Opposite Sex Code 229/(A): Sexual Assault Without Force Code 300/(A): Indecent Exposure Code 404/(A): Using Abusive or Obscene Language
66
Staff Misconduct: The Standards of Employee Conduct prohibit employees from engaging in, or allowing another person to engage in sexual, indecent, profane or abusive language or gestures, and inappropriate visual surveillance of inmates. Influencing, promising or threatening an inmate’s safety, custody, privacy, housing, privileges, work detail or program status in exchange for sexual favors is also prohibited. What is sexually abusive behavior? According to federal law (Prison Rape Elimination Act of 2003) sexually abusive behavior is defined as: Rape: the carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person FORCIBLY or against that person’s will; The carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his/her youth or his/her temporary or permanent mental or physical incapacity; The carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury; Carnal Knowledge: contact between the penis and vulva or the penis and the anus, including penetration of any sort, however slight; Oral Sodomy: contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; Sexual Assault with an Object: the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person (NOTE: This does NOT apply to custodial or medical personnel engaged in evidence gathering or legitimate medical treatment, nor to health care provider’s performing body cavity searches in order to maintain security and safety within the prison). Sexual Fondling: the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification. Sexual Misconduct (staff only): the use of indecent sexual language, gestures, or sexually oriented visual surveillance for the purpose of sexual gratification. An incident is considered Inmate-on-Inmate Abuse/Assault when any sexually abusive behavior occurs between two or more inmates. An incident is considered Staff-on-Inmate Abuse/Assault when any sexually abusive behavior is initiated by a staff member toward one or more inmates. It is also considered Staff-on-Inmate Abuse/Assault if a staff member willingly engages in sexual acts or contacts that are initiated by an inmate.
67
NOTE: Sexual acts or contacts between two or more inmates, even when no objections are raised, are prohibited acts, and may be illegal. Sexual acts or contacts between an inmate and a staff member, even when no objections are raised by either party, are always forbidden and illegal. Inmates who have been sexual assaulted by another inmate or staff member will not be prosecuted or disciplined for reporting the assault. However, inmates will be penalized for knowingly filing any false report. Contact Offices: U.S. Department of Justice Office of the Inspector General Investigations Division 950 Pennsylvania Avenue, NW Room 4706 Washington, D.C. 20530 Federal Bureau of Prisons Central Office National PREA Coordinator 320 First Street, NW Room 554 Washington, D.C. 20534 Federal Bureau of Prisons Mid-Atlantic Regional Office National PREA Coordinator 302 Sentinel Drive, Suite 200 Annapolis Junction, MD 20701 Federal Bureau of Prisons North Central Regional Office Regional PREA Coordinator Gateway Complex Tower II, 8th Floor 400 State Avenue Kansas City, KS 66101-2492 Federal Bureau of Prisons Northeast Regional Office Regional PREA Coordinator U.S. Customs House, 7th Floor 2nd and Chestnut Streets Philadelphia, Pennsylvania 19106 Federal Bureau of Prisons South Central Regional Office Regional PREA Coordinator U.S. Armed Forces Reserve Complex 344 Marine Forces Drive Grand Prairie, Texas 75051
68
Federal Bureau of Prisons Southeast Regional Office Regional PREA Coordinator 300 North Camp Creek Parkway, SW Building 2000 Atlanta, GA 30331-5099 Federal Bureau of Prisons Western Regional Office National PREA Coordinator 7950 Dublin Boulevard, 3rd Floor Stockton, CA 95219 Third –party reporting (outside of institution): http://www.bop.gov/inmate
69