BOP Program Statement 1380.12 § 5

Once a request for potential impeachment information regarding an employee is received in

accordance with this policy, the Bureau contact person authorizes the review of all files

regarding the identified employee, including, but not limited to:

■ The employee’s Official Personnel File.

■ Any Office of Internal Affairs (OIA) file regarding the employee.

■ Any Special Investigative Supervisor file regarding the employee.

■ Any National Crime Information Center (NCIC) background check.

■ The employee’s local disciplinary file maintained by the Human Resource Department.

The Bureau contact person uses the format in Attachment A to request information from OIA,

which forwards any potential impeachment information to the contact person. The contact

person may delegate to institution legal staff the responsibility of reviewing all files maintained

at the institution and conducting an NCIC background check.

P1380.12 1/3/2018 4

When institution legal staff begin to prepare an employee to testify as a witness or affiant, they

ask the employee whether he/she is aware of any potential impeachment information.

Within 15 calendar days of the request (or earlier to meet a court-imposed deadline), the contact

person, using the format in Attachment B or C, must advise the requesting official of:

■ Any finding of misconduct that reflects upon the truthfulness or possible bias of the

employee.

■ Any past or pending criminal charge brought against the employee.

■ Any allegation of misconduct bearing upon truthfulness, bias, or integrity that is the subject

of a pending investigation.

■ Prior findings by a judge that an agency employee has testified untruthfully, made a knowing

false statement in writing, or engaged in other misconduct.

■ Any misconduct finding or pending misconduct allegation that either casts a substantial

doubt upon the accuracy of any evidence or that might have a significant bearing on the

admissibility of prosecution evidence.

■ Information that may be used to suggest that the agency employee is biased for or against a

defendant.

■ Information that indicates the agency employee’s ability to perceive and recall the truth is

impaired.

When a decision is made to disclose any potential impeachment information, the contact person

must ensure the employee is advised of the disclosure.

The contact person should communicate the Bureau’s view on how to handle the potential

impeachment information. The requesting official will advise the contact person whether the

employee was ultimately used as an affiant or witness in the criminal proceeding and whether

any affidavit or testimony was disclosed to a Court or the defense.