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US · guidance

BOP Program Statement 1350.01 § 6

NOTIFICATION TO LEGAL STAFF. When a case is referred to a

activein force · 1996-01-11 – presentact-effective-date

Federal, state, or local investigative agency for prosecution,

the SIS shall notify the institution legal staff, or the Regional

Counsel's Office if no legal staff are assigned to that

institution.

Legal staff shall follow any case referred to ensure all

prosecutions are timely.

When a criminal case is referred to the U. S. Attorney's Office

for prosecution, the SIS shall notify the institution legal staff

and the Warden as to whether the case was accepted or declined.

When a referral is declined, the Warden shall notify the Regional

Counsel's Office, and, if the Warden disagrees with the decision

to decline, shall provide a summary of the case to the Regional

Counsel with a recommendation for re-presentation of the case to

the U. S. Attorney.

The Regional Counsel shall review and discuss the matter, the

reasons for the declination, and the Warden's recommendation with

appropriate officials (including if necessary, the Warden,

Regional Director, institution legal staff, law enforcement case

agent, appropriate U. S. Attorney's Office staff, and the General

Counsel).

If, after such discussions, the Bureau believes prosecution is

appropriate, the Regional Counsel shall make a formal re-presentation of the criminal matter to the U. S. Attorney. If

the U. S. Attorney still does not concur with the Bureau's

assessment, the matter shall be referred to the Office of General

Counsel for further action.

History

PS 1350.01 dated 1996-01-11

Provenance

Source
bop.gov
Retrieved
2026-09-20
Edition
bop-ps-2026-09-20
Content hash
20b5c4c467e6b33a710014616d33e12cc908a05f1aa7ef772b5730f6b74d17d7
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