Bureau of Prisons
Pursuant to 18 U.S.C.
§§ 4002, 4082, the Director of the Bureau of Prisons may
contract with state and local authorities for the imprisonment of persons
held under authority of any enactment of Congress. Under 18 U.S.C.
§ 5003, the Director of the Bureau of Prisons may contract with
state or territory authorities for the holding of convicted state offenders
in federal institutions.
The Director of the Bureau of Prisons serves as Ex Officio Commissioner
of Federal Prison Industries, Inc. This corporation, under the policy
guidance of a Presidentially appointed board of directors, conducts
industrial operations in federal penal and correctional institutions.
See 18 U.S.C. Section 4121 et seq., Ch. 307; 28 C.F.R. Section
Current law authorizes the sentencing court to reduce an inmate's
sentence upon the motion of the Director of the Bureau of Prisons "if it
finds that extraordinary and compelling reasons warrant such a
reduction ...[and] that such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission." 18 U.S.C. Section
The Bureau of Prisons places a large number of inmates serving sentences
in a variety of non-federal contract facilities under Sections 4002 and
3624(c). There are inmates serving short sentences in Community Correction
Centers and local jails, inmates serving the last few months of the
confinement portion of their sentence in Community Treatment Centers, adults
serving long portions of their sentences in state and local prisons and
juveniles committed under the Juvenile Justice and Delinquency Prevention
Act in state juvenile correctional institutions and private and local
The Bureau of Prisons is now divided into six regions for administrative
and management purposes. These six offices are Philadelphia, Pennsylvania;
Atlanta, Georgia; Annapolis Junction, Maryland; Kansas City, Kansas; Dallas,
Texas; and Dublin, California. Information about Bureau of Prisons' policies
and operations may be obtained from the appropriate regional office. Each
regional office has a Regional Counsel, who should be the contact for
questions concerning Bureau of Prisons' legal matters. These Regional
Counsel and their legal staff have responsibility for litigation support for
the United States Attorney's Office, which include: writs of habeas corpus,
Bivens litigation, federal tort claims, release of prisoner records,
sentence modification, juveniles, witness security, material witnesses,
representation requests, general litigation reports, and challenges to
conditions of confinement. Many Bureau of Prisons institutions have staff
attorneys and/or paralegal specialists on site who can assist with legal
matters on the local level. The Bureau of Prisons also publishes a
Prosecutors Guide to the Bureau of Prisons and A Judicial Guide to
the Federal Bureau of Prisons. Copies are available by contacting the
Regional Counsel's office in each region.
The Bureau of Prisons operates an Inmate Financial Responsibility
Program (IFRP) in conjunction with the Administrative Office of the U.S.
Courts and the Financial Litigation Unit of the United States Attorney's
Office. All inmates with obligations, including special assessments,
restitution, fines and court costs, and other federal financial obligations,
are encouraged to develop a financial repayment play with institution staff.
See 28 CFR Section 545.10-11. The minimum IFRP payment required for
inmates is $25 per quarter. Inmates working for Federal Prison Industries
are required to apply fifty percent of their earnings to their obligations.
Inmates who refuse to participate in the IFRP cannot work in Federal Prison
Industries, are not allowed furloughs, are not placed in Community Treatment
Centers, and are limited in the number of telephone calls they can place.
Another specialized area of concern of the Bureau of Prisons is the
administration of Chapter 313, Title 18 U.S.C., Sections 4241 to 4247. These
statutes deal with procedures for competency and sanity examinations,
procedures for hospitalization and treatment of those individuals found to
be either incompetent to stand trial or not guilty only by reason of
insanity, and court commitment and discharge procedures for those inmates
who are determined to be in need of psychiatric hospitalization. Since the
requirements of these provisions stretch the Bureau of Prison's mental
health resources to their limits, incompetency (Section 4241) and insanity
(Section 4242) studies should, wherever possible, be done in the community
by local psychologists/psychiatrists, with commitments to the custody of the
Attorney General being reserved for those individuals who cannot safely be
examined in the community.
Any questions regarding medical facilities and capabilities of the
Bureau of Prisons to provide care for specific medical conditions, including
pregnancy and HIV or other infectious diseases, should be directed to the
Office of Managed Care in Washington, D.C., (202) 307-2867. The Bureau of
Prisons is solely responsible to compute federal sentences pursuant to Title
18, U.S.C., Section 3585, and Title 28, CFR, Section 0.96. This includes any
decision concerning the commencement of a federal sentence and the award of
prior custody credit. Questions about federal sentences, their
interpretation, computation, and implementation, should be addressed to
Bureau of Prisons Regional Counsel. Questions about designation of inmates
to specific facilities, as well as the programs and other attributes
available at each facility, should be directed to the Regional Designator in
the Correctional Programs Division of the Regional Office.