BOP Program Statement 1210.21 § 9

a. General. The Board or Team will prepare a detailed report

of its findings, including, if appropriate, recommendations. The

report must include all documents or records (or copies of them)

pertinent to the findings and recommendations. Any member of a

Board or Team may submit a separate or dissenting report.

b. Submission. The completed report, along with all working

notes and other personal records created by members as a result

of the inquiry, will be submitted to the official who appointed

the Board or Team, unless the appointing official had done so at

the request of the General Counsel or Regional Counsel. If the

Board or Team was appointed at the request of the General Counsel

or Regional Counsel, the completed report will be submitted

directly to the requesting Counsel.

PS 1210.21

3/9/2000

Page 7

If a report is submitted to an appointing official (rather than

to a requesting Counsel), three copies of the report will be

submitted through OIA for filing in the Director's Office, in the

Office of General Counsel, and in OIA.

c. Release of Findings or Reports. Findings or reports of all

Boards of Inquiry or Inquiry Teams will be released only upon the

Director's authorization in consultation with the General

Counsel. A Board of Inquiry report may be required to be

produced in connection with civil or criminal proceedings or a

FOIA request. A Board of Inquiry report may also be released in

connection with a Congressional inquiry.

If a subpoena or request for discovery is received in

connection with any civil or criminal proceeding that demands, or

reasonably could be construed as to demand, the production of a

Board of Inquiry report, and/or any working notes or personal

records created by members as a result of an inquiry, the

subpoena should be forwarded to the Regional Counsel who, after

consultation with the General Counsel and the Director, as

necessary, will coordinate the production of the documents or

assertion of any evidentiary privilege as appropriate with the

local U.S. Attorney’s Office.

Findings or reports from Boards of Inquiry or Inquiry Teams

appointed at the request of the General Counsel or a Regional

Counsel prepared in anticipation of litigation or trial are to be

reviewed by the General Counsel before any release, since these

documents may be privileged documents protected from disclosure

by the attorney work-product privilege. The General Counsel will

make the determination of whether to assert this privilege.

/s/

Kathleen Hawk Sawyer

Director