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Criminal Resource Manual

1569. Assaults On Staff Members Of FCI's

United States Attorneys in those districts where Federal penal and correctional institutions are located should give special prosecutive attention to cases involving assaults on staff members. Assaults by inmates upon Federal officers are considered most serious offenses. In order to deter such acts, to show support for the Federal employees working in these hazardous assignments, and thereby to strengthen the operation of the correctional segment of the Department's criminal justice program, prompt and vigorous prosecution of cases involving inmate assaults upon employees should be pursued.

The foregoing policy does not eliminate the necessity of reviewing a prospective defendant's file and consulting with institution authorities to rule out the existence of factors which would tend to favor declination of prosecution under 18 U.S.C. § 111 for such an incident. Such factors would include; amount of good time subject to forfeiture, possible vacation of any suspension of sentence, effect of the incident on parole eligibility, and local conditions tending to mitigate or extenuate culpability. In some cases prosecution under 18 U.S.C. §§ 751 and 1791 may prove a useful adjunct or alternative to prosecution under 18 U.S.C. § 111.

[cited in USAM 9-65.600]