BOP Program Statement 5070.12 § 19

psychological evaluations to help determine parole eligibility

may, on occasion, come from the U.S. Parole Commission (USPC),

the District of Columbia Parole Commission, and some State Parole

Commissions when a Federal inmate is serving concurrent state and

P5070.12

4/16/2008

Page 11

Federal sentences. Most of these evaluations will fall under the

purview of Title 18 U.S.C § 4205. This statute was repealed

(along with others pertaining to parole) in 1987; however, some

inmates sentenced prior to 1987 (“old law”) may be eligible for

parole. The statute allows for the USPC to receive an evaluation

from the Bureau on an inmate’s suitability for parole, including

mental and physical health, criminal record, and social

background.

On occasion, the USPC will ask for predictions about future

criminal and/or dangerous behavior. Predictions regarding such

acts under specific circumstance should be qualified and

appropriate disclaimers given, for example:

“The following information concerning the inmate’s behavior

and possible future behavior are based upon the inmate’s

self-report, test responses, and other information for which

the reliability may be unknown. There are no consistent

means by which to accurately predict an individual’s future

behavior. Some accuracy, however, has been demonstrated by

considering past behavior patterns in combination with

demographic, personal and possible precipitating factors in

conjunction with psychological assessment data.”

These evaluations will be in accordance with the Freedom of

Information Act/Privacy Act (FOIA/PA). The format to be used in

preparing these reports should be similar to the one presented in

the training manual “How to Conduct a Thorough and Professional

Forensics Evaluation.”