28 C.F.R. PART 550—DRUG PROGRAMS
Title 28 - Judicial Administration
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4251–4255, 5006–5024 (repealed October 12, 1984 as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.
The Bureau of Prisons maintains a surveillance program in order to deter and to detect the illegal introduction or use of alcohol in its institutions. In an effort to reduce the introduction or use of alcohol, the Warden shall establish procedures for monitoring and testing individual inmates or groups of inmates who are known or suspected to be users of alcohol, or who are considered high risks based on behavior observed or on information received by staff. (a) Staff may prepare a disciplinary report on an inmate who shows a positive substantiated test result for alcohol. (b) Staff may initiate disciplinary action against an inmate who refuses to submit to an alcohol test. [45 FR 33940, May 20, 1980] Source: 62 FR 45292, Aug. 26, 1997, unless otherwise noted.
The Warden shall establish programs of urine testing for drug use, to monitor specific groups or individual inmates who are considered as high risk for drug use, such as those involved in community activities, those with a history of drug use, and those inmates specifically suspected of drug use. Testing shall be performed with frequency determined by the Warden on at least 50 percent of those inmates who are involved in community activities. In addition, staff shall randomly sample each institution's inmate population during each month to test for drug use. (a) Staff of the same sex as the inmate tested shall directly supervise the giving of the urine sample. If an inmate is unwilling to provide a urine sample within two hours of a request for it, staff ordinarily shall file an incident report. No waiting period or extra time need be allowed for an inmate who directly and specifically refuses to provide a urine sample. To eliminate the possibility of diluted or adulterated samples, staff shall keep the inmate under direct visual supervision during this two-hour period, or until a complete sample is furnished. To assist the inmate in giving the sample, staff shall offer the inmate eight ounces of water at the beginning of the two-hour time period. An inmate is presumed to be unwilling if the inmate fails to provide a urine sample within the allotted time period. An inmate may rebut this presumption during the disciplinary process. (b) Institution staff shall determine whether a justifiable reason exists, (e.g., use of prescribed medication) for any positive urine test result. If the inmate's urine test shows a positive test result for the presence of drugs which cannot be justified, staff shall file an incident report. Source: 48 FR 24624, June 1, 1983, unless otherwise noted.
The Bureau of Prisons requires that an inmate who is serving a sentence in a contract community treatment center (CTC) participate in a program of urine testing for drug use. An inmate who is serving a sentence in a contract CTC, and who has drug aftercare as a condition of release also shall receive drug counseling during the inmate's stay at the contract CTC. A program of urine testing for drug use shall be established in contract CTCs. (a) Urine surveillance shall be conducted on all inmates serving their sentence in a contract CTC: (1) Who have drug aftercare as a condition of release; (2) Who have a known history of drug abuse; or (3) Who are suspected of using drugs. Center staff shall collect a minimum of six samples per month from an inmate who meets one or more of the criteria listed in paragraphs (a) (1) through (3) of this section. (b) The Center Director shall establish a schedule for random collection for all other sentenced inmates not identified in paragraph (a) of this section. (a) Contractor authorized personnel of the same sex as the inmate must witness collection of the inmate's urine sample. Inmates may not be involved in the collection, recording, mailing, or processing of the test results. (b) If an inmate fails to provide a urine sample within two hours of a request for it, center staff may file a disciplinary report. To eliminate the possibility of diluted or adulterated samples, center staff shall keep the inmate under direct supervision during this two-hour period. (c) Center staff shall have each positive urine test validated to substantiate the positive result. Center staff shall file a disciplinary report if the inmate's urine test shows a positive result for the presence of drugs which the inmate cannot satisfactorily justify to center staff. (d) The results of disciplinary hearings and a copy of positive urine testing results which the inmate cannot satisfactorily justify to center staff shall be sent to the appropriate Regional U.S. Parole Commission Office, the Community Programs Manager (CPM), and the U.S. Probation Office. (a) Drug counseling shall be provided to sentenced inmates in contract community treatment centers who have drug aftercare as a condition of release. (b) Counseling shall include a minimum of a 30-minute session each week, provided by qualified staff. (c) Center staff shall document in the inmate's file the date and time of each counseling session. The counselor must prepare a monthly summary of each inmate's progress. This report shall be placed in the inmate's file. The contract center staff shall hold a program planning conference with a sentenced inmate who has drug aftercare as a condition of release. At this meeting, held within one week of the inmate's arrival at the center, plans are made for the inmate to receive drug counseling. The meeting is attended by center staff, the inmate, and the Chief U.S. Probation Officer or designee. Source: 59 FR 53343, Oct. 21, 1994, unless otherwise noted.
The Bureau of Prisons provides, subject to the availability of appropriated funds, drug abuse treatment programs to inmates. [60 FR 27693, May 25, 1995] (a) Drug abuse treatment coordinator. The Warden shall designate a drug abuse treatment coordinator for his/her institution. (b) Drug abuse treatment specialist. All institutions shall employ a drug abuse treatment specialist. The drug abuse treatment specialist is responsible for providing drug abuse education and non-residential drug abuse treatment services to the inmate population, under the supervision of the drug abuse treatment coordinator. In institutions with residential drug abuse treatment programs, additional drug abuse treatment specialist staff are employed to provide treatment services on the residential drug abuse treatment unit. Drug abuse treatment coordinators at all institutions shall ensure that inmates are informed during the Admission and Orientation program about local and Bureau-wide drug abuse programming and treatment opportunities. [60 FR 27693, May 25, 1995] A psychologist or drug abuse treatment specialist shall interview all new institution admissions for drug abuse problems. A record review will be performed by a case manager in the normal course of his/her duties. Based on these reviews and interviews, drug abuse treatment staff shall make an appropriate drug education/treatment referral. (a)(1) Mandatory participation. An inmate is required to participate in the drug abuse education course if he/she has been sentenced or returned to custody as a violator after September 30, 1991 and it is determined by unit and/or drug abuse treatment staff through a combination of interview and file review that: (i) There is evidence in the Presentence Investigation that alcohol or other drug use contributed to the commission of the instant offense; (ii) Alcohol or other drug use was a reason for violation either of supervised release, including parole, or BOP community status (CCC placement) for which the inmate is now incarcerated; or (iii) The inmate was recommended for drug programming during incarceration by the sentencing judge. (2) Voluntary participation. Inmates who are not required by paragraph (a)(1) of this section to participate in the drug abuse education course may request to participate voluntarily in the drug abuse education course when participant space is available. Volunteers must have the approval of the drug abuse treatment coordinator. Priority consideration shall be given to those inmates whose participation has been recommended by unit or treatment staff. (b) Sanctions. An inmate who is required by paragraph (a)(1) of this section to participate in the drug abuse education course and who refuses participation, withdraws, is expelled, or otherwise fails to meet the attendance and examination requirements shall be held at the lowest pay grade (Grade 4) within the institution and shall be ineligible for community programs. Inmates may be permitted to receive work promotions during their participation or while on a “waiting list” for the drug abuse education course. The Warden may make exceptions to the provisions of this paragraph for good cause with reasons for such exceptions documented in writing. (c) Exemptions. An inmate may be exempted from the required drug abuse education course due to cognitive impairment or other learning disabilities only after evaluation and recommendation by a psychologist. An inmate may also be exempted from the drug abuse education course if that inmate does not have enough time remaining to serve to complete the drug abuse education course, or if that inmate volunteers for, enters and completes a residential drug abuse treatment program, or if he/she completes a structured drug abuse treatment program at one of the Bureau of Prisons' Intensive Confinement Centers (ICC). (d) Written consent. All inmates who enter the drug abuse education course (whether as mandatory or as voluntary participants) are required to sign an agreement to participate prior to admission to the course. (e) Completion. Completion of the drug abuse education course requires attendance and participation during course sessions and a passing grade on an examination given at the end of the course. Inmates required to participate in this course ordinarily are provided at least three chances to pass the final examination before privileges are lost or sanctions (see paragraph (b) of this section) are invoked. A certificate of achievement will be awarded to all who successfully complete the program. A copy of this certificate will be forwarded to the unit team for placement in the inmate's central file. [59 FR 53343, Oct. 21, 1994, as amended at 60 FR 27694, May 25, 1995] Non-residential drug abuse treatment is provided at all institutions and ordinarily consists of individual and/or group counseling and self-help programming provided through the institution's Psychology Services department. (a) Eligibility. An inmate must meet all of the following criteria to be eligible for the non-residential drug abuse treatment program. (1) The inmate must have a verifiable documented drug abuse problem. (2) The inmate must have no serious mental impairment which would substantially interfere with or preclude full participation in the program. (3) The inmate must sign an agreement acknowledging his/her program responsibility. (b) Application/Referral/Placement. Participation in the non-residential drug abuse treatment program is voluntary. An inmate may be referred for treatment by unit and/or drug treatment staff or may apply for these programs by submitting a request to a staff member (ordinarily, a member of the inmate's unit team or the drug abuse treatment coordinator). The decision on placement is made by the drug abuse treatment coordinator. (c) Withdrawal/expulsion. An inmate may withdraw voluntarily from the program. The drug abuse treatment coordinator may remove an inmate from the program based upon disruptive or negative behavior. [59 FR 53343, Oct. 21, 1994. Redesignated and amended at 60 FR 27694, May 25, 1995] Residential drug abuse treatment is available at selected Bureau of Prisons institutions. It is a course of individual and group activities provided by a team of drug abuse treatment specialists and the drug abuse treatment coordinator in a treatment unit set apart from the general prison population, lasting a minimum of 500 hours over a six to twelve-month period. Inmates enrolled in a residential drug abuse treatment program shall be required to complete subsequent transitional services programming in a community-based program and/or in a Bureau institution. (a) Eligibility. An inmate must meet all of the following criteria to be eligible for the residential drug abuse treatment program. (1) The inmate must have a verifiable documented drug abuse problem. (2) The inmate must have no serious mental impairment which would substantially interfere with or preclude full participation in the program. (3) The inmate must sign an agreement acknowledging his/her program responsibility. (4) Ordinarily, the inmate must be within thirty-six months of release. (5) The security level of the residential program institution must be appropriate for the inmate. (b) Application/Referral/Placement. Participation in the residential drug abuse treatment program is voluntary. An inmate may be referred for treatment by unit or drug treatment staff or apply for the program by submitting a request to a staff member (ordinarily, a member of the inmate's unit team or the drug abuse treatment coordinator). The decision on placement is made by the drug abuse treatment coordinator. (c) Completion. Completion of the residential drug abuse treatment program requires attendance and participation in scheduled individual and group activities and a passing grade on examinations covering each separate subject module of the program. An inmate who fails an examination on any subject module ordinarily shall be allowed to retest one time. A certificate of achievement will be awarded to all who successfully complete the program. A copy of this certificate will be forwarded to the unit team for placement in the inmate's central file. (d) Withdrawal/expulsion. (1) An inmate may withdraw voluntarily from the program. (2) The drug abuse treatment coordinator may remove an inmate from the program based upon disruptive behavior related to the program. Ordinarily, staff shall provide the inmate with at least one warning prior to removal. An inmate may not ordinarily be removed immediately without warning unless the inmate, pursuant to an incident report, is found by the DHO to have: (i) Used or possessed alcohol or drugs; (ii) Been violent or threatened violence against staff or another inmate; or (iii) Committed a 100 level prohibited act. (3) Withdrawal or removal from the residential program may result in the inmate's being returned to his/her prior institution (when the inmate had been specifically transferred for the purpose of program participation). [60 FR 27694, May 25, 1995] (a) An inmate may receive incentives for his or her satisfactory involvement in the residential program. These incentives may include, but are not limited to, the following. (1) Limited financial awards, based upon the inmate's achievement/completion of program phases. (2) Consideration for the maximum period of time (currently 180 days) in a Community Corrections Center placement, provided the inmate is otherwise eligible for this designation. (3) Local institution incentives such as preferred living quarters or special recognition privileges. (4) If eligible under §550.58, consideration for early release. (b) An inmate must meet his/her financial program responsibility obligations (see 28 CFR part 545) prior to being able to receive an incentive for his/her residential program participation. (c) Withdrawal or removal from the residential program may result in the loss of incentives previously achieved. [60 FR 27694, May 25, 1995] An inmate who was sentenced to a term of imprisonment pursuant to the provisions of 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense, and who is determined to have a substance abuse problem, and successfully completes a residential drug abuse treatment program during his or her current commitment may be eligible, in accordance with paragraph (a) of this section, for early release by a period not to exceed 12 months. (a) Additional early release criteria. (1) As an exercise of the discretion vested in the Director of the Federal Bureau of Prisons, the following categories of inmates are not eligible for early release: (i) INS detainees; (ii) Pretrial inmates; (iii) Contractual boarders (for example, D.C., State, or military inmates); (iv) Inmates who have a prior felony or misdemeanor conviction for homicide, forcible rape, robbery, or aggravated assault, or child sexual abuse offenses; (v) Inmates who are not eligible for participation in a community-based program as determined by the Warden on the basis of his or her professional discretion; (vi) Inmates whose current offense is a felony: (A) That has as an element, the actual, attempted, or threatened use of physical force against the person or property of another, or (B) That involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device), or (C) That by its nature or conduct, presents a serious potential risk of physical force against the person or property of another, or (D) That by its nature or conduct involves sexual abuse offenses committed upon children. (2) An inmate who had successfully completed a Bureau of Prisons residential drug abuse treatment program before October 1, 1989 is otherwise eligible if: (i) Staff confirm that the completed program matches the treatment required by statute; (ii) The inmate signs an agreement acknowledging his/her program responsibility; (iii) The inmate completes a refresher treatment program and all applicable transitional services programs in a community-based program (i.e., in a Community Corrections Center or on home confinement); and (iv) Since completion of the program, the inmate has not been found to have committed a 100 level prohibited act and has not been found to have committed a prohibited act involving alcohol or drugs. (3) An inmate who has successfully completed a Bureau of Prisons residential drug abuse treatment program on or after October 1, 1989 is otherwise eligible if: (i) The inmate completes all applicable transitional services programs in a community-based program (i.e., in a Community Corrections Center or on home confinement); and (ii) Since completion of the program, the inmate has not been found to have committed a 100 level prohibited act and has not been found to have committed a prohibited act involving alcohol or drugs. (b) Application—(1) Inmates currently enrolled. Eligible inmates currently enrolled in a residential drug abuse treatment program shall automatically be considered for early release. (2) Inmates who had previously completed program requirements. Eligible inmates who have previously completed a residential drug abuse treatment program (or which matches the treatment required by statute) must notify the institution's drug abuse program coordinator via a Request to Staff in order to be considered for early release. (c) Length of reduction. (1) Except as specified in paragraphs (c)(2) and (3) of this section, an inmate who is approved for early release may receive a reduction of up to 12 months. (2) If the inmate has less than 12 months to serve after completion of all required transitional services, the amount of reduction may not exceed the amount of time left on service of sentence. (3) If the inmate cannot fulfill his or her community-based treatment obligations by the presumptive release date, the Community Corrections Regional Administrator may adjust the presumptive release date by the minimum amount of time necessary to allow for fulfillment of the treatment obligations. [60 FR 27695, May 25, 1995, as amended at 61 FR 25122, May 17, 1996; 62 FR 53691, Oct. 15, 1997] Transitional treatment programming is required for all inmates completing an institution's residential treatment program. Transitional treatment includes treatment provided to inmates who, upon completing the residential program, return to the general population of that or another institution or who are transferred to a community-based program. An inmate's refusal to participate in this program is considered a program failure and disqualifies the inmate for any additional incentives consideration, and may result in the inmate's redesignation. (a) An inmate who successfully completes a residential drug abuse program and who participates in transitional treatment programming at an institution is required to participate in such programming for a minimum of one hour per month. (b) An inmate who successfully completes a residential drug abuse program and who, based on eligibility, is transferred to a Community Corrections Center (CCC), is required to participate in a community-based treatment program, in addition to the required employment and other program activities of the CCC. The inmate's failure to meet the requirements of treatment may result in the inmate's being returned to the institution for refusing a program assignment. (c) An inmate with a documented drug abuse problem but who did not choose to volunteer for the residential drug abuse program may be required to participate in transitional services as a condition of participation in a community-based program with the approval of the transitional services manager. [60 FR 27694, May 25, 1995] (a) Administrative remedy procedures for the formal review of a complaint relating to any aspect of an inmate's confinement (including the operation of the drug abuse treatment programs) are contained in 28 CFR part 542, subpart B. (b) In order to expedite staff response, an inmate who has previously been found to be eligible for early release must, when filing an administrative remedy request pursuant to 28 part CFR 542, subpart B on an action which would result in the inmate's loss of early release eligibility, indicate in the first sentence of the request that the request affects the inmate's early release. [60 FR 27695, May 25, 1995]
Title 28: Judicial Administration
PART 550—DRUG PROGRAMS
Section Contents
§ 550.10 Purpose and scope.
§ 550.30 Purpose and scope.
§ 550.31 Procedures.
§ 550.40 Purpose and scope.
§ 550.41 Urine surveillance.
§ 550.42 Procedures for urine surveillance.
§ 550.43 Drug counseling.
§ 550.44 Procedures for arranging drug counseling.
§ 550.50 Purpose and scope.
§ 550.51 Institutional organization/staff roles and responsibilities.
§ 550.52 Admission and Orientation program.
§ 550.53 Screening and referral.
§ 550.54 Requirements for drug abuse education course.
§ 550.55 Non-residential drug abuse treatment program.
§ 550.56 Institution residential drug abuse treatment program.
§ 550.57 Incentives for residential drug abuse treatment program participation.
§ 550.58 Consideration for early release.
§ 550.59 Transitional drug treatment services.
§ 550.60 Inmate appeals.
Subpart A [Reserved]
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Subpart B—Alcohol Testing
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§ 550.10 Purpose and scope.
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Subpart C [Reserved]
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Subpart D—Urine Surveillance
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§ 550.30 Purpose and scope.
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§ 550.31 Procedures.
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Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs)
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§ 550.40 Purpose and scope.
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§ 550.41 Urine surveillance.
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§ 550.42 Procedures for urine surveillance.
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§ 550.43 Drug counseling.
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§ 550.44 Procedures for arranging drug counseling.
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Subpart F—Drug Abuse Treatment Programs
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§ 550.50 Purpose and scope.
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§ 550.51 Institutional organization/staff roles and responsibilities.
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§ 550.52 Admission and Orientation program.
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§ 550.53 Screening and referral.
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§ 550.54 Requirements for drug abuse education course.
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§ 550.55 Non-residential drug abuse treatment program.
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§ 550.56 Institution residential drug abuse treatment program.
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§ 550.57 Incentives for residential drug abuse treatment program participation.
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§ 550.58 Consideration for early release.
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§ 550.59 Transitional drug treatment services.
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§ 550.60 Inmate appeals.
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