BOP Program Statement 1434.06 § 5

a. Notifications. In all escape issues, whether an escape

conspiracy, or an actual escape event, the institution shall

notify the FBI field office having jurisdiction covering the

institution involved. The FBI shall in turn immediately notify

the USMS in those cases that have not been reserved for FBI

jurisdiction.

b. Escape Fliers. Escape fliers shall be immediately faxed to

the FBI field office affected, as well as provided in hard copy

form to the agency assuming final investigative responsibility.

c. Escape Investigations. The institution shall take

immediate steps to preserve the crime scene or evidence of

conspiracy to escape. Upon on-site arrival of representatives of

the agency assuming primary jurisdiction, the BOP will assume a

joint jurisdiction supporting role, and provide full access to

the crime scene and all related evidence and record systems.

When the designated agency cannot immediately respond, BOP

investigative staff will seek a mutual agreement regarding the

full processing and release of the crime scene.

P.S. 1434.06

July 25, 1994

Page 3

d. BOP Immediate Apprehension Activities. In the event of an

actual escape, or suspected escape, the BOP will activate

stationary escape posts and such roving patrols as necessary to

establish an extended perimeter around the BOP facility as may be

dictated by local terrain, potential routes of egress, and the

proximity of population centers. Such operations will be

conducted in accordance with BOP arrest authority as established

in 18 U.S.C. § 3050. Active escape apprehension activities in

the surrounding area shall continue until such time as the Warden

concludes that the fugitive(s) is (are) no longer in the

immediate area of the BOP institution and/or, the responding

agency has sufficient resources actually in place to assume the

immediate apprehension role.

e. Escape Status Closure. When BOP staff captures an escaped

inmate, or the inmate is confirmed as being deceased, the

institution shall make immediate notification to the FBI field

office having jurisdiction, who will in turn notify the USMS.

\s\

Kathleen M. Hawk

Director

P.S. 1434.06

July 25, 1994

Attachment A, Page 1

MEMORANDUM OF UNDERSTANDING BETWEEN

THE FEDERAL BUREAU OF INVESTIGATION,

THE UNITED STATES MARSHALS SERVICE AND

THE FEDERAL BUREAU OF PRISONS

ON VIOLATIONS OF THE FEDERAL ESCAPE AND RESCUE STATUTE

I. PURPOSE: This Memorandum of Understanding (MOU)between the

Federal Bureau of Investigation, hereinafter referred to as the

FBI, the United States Marshals Service, hereinafter referred to

as the USMS, and the Federal Bureau of Prisons, hereinafter

referred to as the BOP, sets forth the responsibilities of each

agency with regard to the apprehensions and investigations under

the Federal Escape and Rescue Statutes (18 USC Sections 751

through 757).

II. GOALS: It is mutually agreed that a MOU should be

established on the Federal Escape and Rescue Statute to ensure an

effective and efficient Federal response to escape incidents and

to clarify Section D of the 1988 Attorney General "Policy on

Fugitive Apprehension in Federal Bureau of Investigation and Drug

Enforcement Administration Cases."

It is mutually agreed that each participant in this MOU

will coordinate, as appropriate, and fully share information and

the fruits of their respective investigations to assist each in

fulfilling its own mission and responsibilities concerning

violations of the Federal Escape and Rescue Statute.

III. IMPLEMENTATION: The FBI, the USMS, and the BOP will

develop and exchange such additional instructions and operating

procedures as are deemed necessary to the continued

implementation of the is MOU with the goal of a coordinated,

efficient, and effective interagency response to escape

violations.

In accordance with the terms of this MOU, in those

locations in which a Federal correctional institution is

situated, a single operational plan will be prepared by the three

agencies which will address those issues unique to that location

regarding resources, manpower, notification, etc. It will be

prepared by and for the benefit of the affected personnel in each

location who will be directly involved in any situation covered

by this MOU. This operational plan will in no way circumvent or

oppose the letter and spirit of this MOU.

-1-

P.S. 1434.06

July 25, 1994

Attachment A, Page 2

IV. RESPONSIBILITIES:

Federal Bureau of Investigation:

A. The FBI will have apprehension responsibility and

investigative jurisdiction for all violations of the Federal

Escape and Rescue Statute (18 USC Sections 751-757), involving

subjects of FBI investigations, up to and including the time of

sentencing. The FBI will coordinate this apprehension and

investigative responsibility with the USMS and the BOP, as

appropriate.

B. The FBI will maintain investigative responsibility

for all violations encompassing conspiracies to violate the

Federal Escape and Rescue Statute or the conspiracy statutes (18

USC Sections 371-373) covering escape/attempted escape as they

concern Federal Penal Institutions and Detention Centers.

It is therefore understood that the FBI shall:

1. Assume apprehension responsibility for an escaped

Federal prisoner, from any facility, at any stage up to and

including sentencing, who is the subject of an FBI substantive

investigation, and/or the subject or member of an organization

which is the subject of an existing FBI National Security, FBI

Organized Crime, or FBI Terrorism Investigation.

2. Maintain investigative jurisdiction over all

conspiracy, rescue, facilitation, incitement, or aid to escape or

attempt to escape, where the escape or attempt occurs within/from

a Federal Penal Institution/Detention Center.

3. The FBI will be immediately notified by the BOP

and/or the USMS whenever an escape occurs from a Federal facility

and circumstances arise indicating a conspiracy to escape/

attempted escape; the introduction of a firearm/contraband into a

Federal facility; corruption and/or collusion of correctional

facility personnel; acts of riot or mutiny; or acts of violence,

death or serious bodily injury. Coordination will be implemented

and maintained with the USMS, who will exercise apprehension

responsibility for non-FBI subjects, and the BOP, as appropriate.

Joint FBI and USMS/BOP investigation will be viewed as the

optimum objective.

4. The FBI will assume investigative responsibility

for conspiracy, rescue, facilitation, incitement, or aid to

escape or attempt to escape, in violation of the Federal Escape

and Rescue Statute (18 USC Section 751-757) when the escape

occurs within/from a non-Federal institution and involves riot,

hostage taking or loss of life. Coordination will be implemented

and maintained with the USMS and BOP. Joint FBI and USMS

investigation will be viewed as the optimum objective.

-2-

P.S. 1434.06

July 25, 1994

Attachment A, Page 3

5. Facilitate USMS participation in, and joint

investigation of, escape and conspiracy to escape cases where the

FBI has investigative jurisdiction and the USMS has prisoner,

transport, or Court security responsibilities.