28 C.F.R. Subpart J—Pretrial Inmates
Title 28 - Judicial Administration
Source: 59 FR 60285, Nov. 22, 1994, unless otherwise noted.
In addition to convicted inmates, the Bureau of Prisons houses persons who have not been convicted. Procedures and practices required for the care, custody, and control of such inmates may differ from those established for convicted inmates. Pretrial inmates will be separated, to the extent practicable, from convicted inmates. Except as specified by this rule, policies and standards applicable to persons committed to the custody of the Attorney General or the Bureau of Prisons apply also to pretrial inmates as defined in §551.101. (a) Pretrial inmate. For purpose of this rule, “pretrial inmate” means a person who is legally detained but for whom the Bureau of Prisons has not received notification of conviction. Thus, “pretrial inmate” ordinarily includes a person awaiting trial, being tried, or awaiting a verdict. (1) Civil contempt, deportable aliens, or material witnesses. For purpose of this rule, an inmate committed for civil contempt, or as a deportable alien, or as a material witness is considered a pretrial inmate. (2) Mental evaluation or treatment. An inmate committed under Title 18 U.S.C. Sections 4241 (b) and (d), 4242(a), or 4243(b) is considered to be a pretrial inmate, whereas commitments under Sections 4243(e), 4244, 4245 or 4246 are treated as convicted inmates. (3) Concurrent federal and state sentences. For purpose of this rule, an inmate in a status described in paragraph (a) introductory text, (a)(1), or (a)(2) of this section and who is at the same time serving a state or federal sentence is not considered a pretrial inmate. (b) Convicted inmate. For purposes of this rule, an individual a court has found guilty of an offense punishable by law. On receipt of a U.S. Marshal remand, the Bureau of Prisons shall accept an individual who has not been arraigned for commitment as a pretrial inmate, provided that the institution has appropriate detention facilities available for that individual. Staff in administrative institutions or institutions with administrative components housing U.S. Marshals' prisoners shall establish procedures for admitting a pretrial inmate which include, but are not limited to: (a) Verification of commitment papers; (b) Search of the inmate; (c) Photographing and fingerprinting; (d) Disposition of clothing and personal possessions; (e) Intake screening (including Notice of Separation); (f) Providing institution guidelines governing telephone calls (including procedures for making unmonitored calls to an attorney); (g) Provisions for personal hygiene, to include: (1) Issue of personal hygiene items; (2) Issue of clean clothing; and (3) Opportunity for shower and hair care; (h) Orientation; (i) Opportunity for waiver of right not to work; (j) Assignment to an appropriate housing unit. To the extent practicable, pretrial inmates will be housed separately from convicted inmates. (a) Staff ordinarily will supervise a pretrial inmate as if classified “In” custody. (b) Where circumstances warrant, staff may supervise a pretrial inmate according to procedures for other custody levels. Unless a pretrial inmate signs a waiver of his or her right not to work, the Warden may not require the inmate to work in any assignment other than housekeeping tasks in the inmate's own cell and in the community living area. Staff shall conduct regular reviews of a pretrial inmate's status. (a) Each pretrial inmate shall be scheduled for an initial review by the unit team within 21 calendar days of the inmate's first arrival at the institution, and subsequent reviews shall be conducted at least every 90 days. (b) The inmate shall be notified at least 48 hours prior to the inmate's scheduled review. (c) A pretrial inmate is expected to attend these reviews. If the inmate refuses to appear, staff shall document in the record of the meeting the inmate's refusal and, if known, the reason for refusal. (d) Inmate reviews are to be documented on the Pretrial Inmate Review Report. The Warden may approve a pretrial inmate for performance pay and special awards. (a) The Warden may not grant a furlough to a pretrial inmate (18 U.S.C. §3622). (b) In an emergency, staff shall facilitate contact with the pretrial inmate's attorney of record, who may seek from the court a decision concerning release from custody or an escorted trip. (c) Except by order of the court, a pretrial inmate may not be considered for participation in community programs. (a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to participate in religious programs with convicted inmates. (b) Staff shall ensure that pretrial inmates who do not participate in religious programs with convicted inmates have access to other religious programs. A pretrial inmate may request permission to marry in accordance with current Bureau of Prisons policy for convicted inmates. Staff shall contact the court, U.S. Attorney, U.S. Marshals Service, and in the case of an alien, the Immigration and Naturalization Service, to advise of the marriage request of the pretrial inmate and to request their comments. (a) A pretrial inmate may participate in correspondence and self-study educational courses. Institutional staff may also arrange for educational assistance to the pretrial inmate through the use of contract personnel or community volunteers. (b) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to have access to the institution's educational program. (a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to receive counseling services with convicted inmates. (b) Staff shall ensure that pretrial inmates who do not receive counseling services with convicted inmates have access to other counseling services. (a) Staff shall provide the pretrial inmate with the same level of basic medical (including dental), psychiatric, and psychological care provided to convicted inmates. (b) Staff shall advise the court, through the U.S. Marshal, of medication the pretrial inmate receives which may alter the inmate's courtroom behavior. (c) In event of serious illness or death of a pretrial inmate, staff shall notify the committing court, U.S. Marshal, U.S. Attorney's Office, the inmate's attorney of record, and the designated family member or next of kin. (a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to participate with convicted inmates in recreational activities. Staff shall ensure that inmates who do not participate in recreational activities with convicted inmates have access to other recreational activities. (b) At a minimum, and except as noted in paragraph (d) of this section, staff shall provide the pretrial inmate with the following recreational opportunities: (1) One hour daily of outside recreation, weather permitting; or (2) Two hours daily of indoor recreation. (c) Staff shall make recreation equipment available to the pretrial inmate including, but not limited to, physical exercise equipment, books, table games, and television. (d) Staff shall provide the pretrial inmate housed in Administrative Detention or Disciplinary Segregation with exercise as provided by the Bureau of Prisons rules on Inmate Discipline. (See 28 CFR part 541, subpart B.) (e) Provisions of paragraphs (b) and (c) of this section must be carried out unless compelling security or safety reasons dictate otherwise. Institution staff shall document these reasons. (a) Staff shall require the pretrial inmate to abide by Bureau of Prisons rules on Inmate Discipline (see 28 CFR part 541, subpart B), subject to the limitations of §551.106 of this part. (b) Staff shall advise the court, through the U.S. Marshal, of repeated or serious disruptive behavior by a pretrial inmate. (a) The Warden shall provide the opportunity for pretrial inmate-attorney visits on a seven-days-a-week basis. (b) Staff shall provide pretrial inmates with access to legal materials in the institution. (c) Staff shall allow the pretrial inmate, upon the inmate's request, to telephone the inmate's attorney as often as resources of the institution allow. (a) A pretrial inmate may retain personal property as authorized for convicted inmates housed in administrative detention units. (See 28 CFR part 541, subpart B.) (b) Staff may store the pretrial inmate's unauthorized personal property until the individual is released, transferred to another facility, or sentenced and committed to a federal institution. (c) Staff may supply the pretrial inmate with clothing for court appearances, or the inmate may supply his or her own. (a) Staff shall establish procedures which allow for the release of funds and personal property to pretrial inmates released during other than normal business hours. (b) Staff shall ensure that pretrial inmates are informed of existing policy relative to the commissary account and the deposit/release of funds. Staff shall allow pretrial inmates to receive visits in accordance with the Bureau's rule and local institution guidelines on visiting. Staff may allow a pretrial inmate special visits to protect the inmate's business interests or to help prepare for trial.
Title 28: Judicial Administration
PART 551—MISCELLANEOUS
Subpart J—Pretrial Inmates
§ 551.100 Purpose and scope.
§ 551.101 Definitions.
§ 551.102 Commitment prior to arraignment.
§ 551.103 Procedure for admission.
§ 551.104 Housing.
§ 551.105 Custody.
§ 551.106 Institutional employment.
§ 551.107 Pretrial inmate reviews.
§ 551.108 Performance pay.
§ 551.109 Community activities.
§ 551.110 Religious programs.
§ 551.111 Marriage.
§ 551.112 Education.
§ 551.113 Counseling.
§ 551.114 Medical, psychiatric and psychological.
§ 551.115 Recreation.
§ 551.116 Discipline.
§ 551.117 Access to legal resources.
§ 551.118 Property.
§ 551.119 Release of funds and property of pretrial inmates.
§ 551.120 Visiting.
