BOP Program Statement 5070.12 § 9

sentencing court may order a local community

psychologist/psychiatrist (LCPP) to complete the evaluation.

Evaluations can be conducted while the defendant is on bail by a

LCPP or in a local facility (Federal or non-Federal) by a LCPP -

Title 18 § 3552(b). If the sentencing judge finds that there is

a compelling reason for the Bureau to do the study or there are

no adequate professional resources available in the community to

perform the study the order may direct the Bureau to complete an

evaluation on a defendant who has been found guilty. The purpose

of this evaluation is to provide additional information that will

aid the court in imposing a final sentence. Ordinarily, the

court will specify what information it requires to assist in the

final determination of sentence.

The evaluator will inquire into those matters specified by the

court and any other information the Bureau evaluator believes is

important concerning Bureau policy and the application of

sentencing guidelines issued by the Sentencing Commission. Since

the determination of a sentence under the guidelines is the

province of the Court, recommendations ordinarily focus on

identifying psychological or psychiatric factors pertinent to the

sentencing guidelines to help the Court make its determination.

Examples of factors for consideration include, but are not

limited to:

# Diminished Capacity as defined by the Sentencing Commission

Guidelines.

# Mitigating and aggravating factors in the form of mental or

behavioral disorders.

# Unusual characteristics of the defendant.

# Additional information that may affect the application of

guidelines.

Recommendations provided in the evaluation shall not specifically

address or make recommendations as to numerical calculations or

recalculations of sentencing guideline elements.

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The results of the evaluation are to be furnished to the

referring court within 60 days, unless the court grants an

extension for further study. An extension may not exceed an

additional 60 days.

a. Designation. Designations will be completed as outlined in

Chapter 3, Security Designation Procedures for New Commitments,

of Program Statement 5100.07, Security Designation and Custody

Classification Manual. Designation may be made to any Bureau

facility as long as this meets statutory requirements and the

facility has the resources necessary to meet the needs of the

inmate.

Following the designation, the Designation and Sentence

Computation Center (DSCC) shall forward to the institution all

available documents that may include, but are not limited to:

# Judgment in a Criminal Case (J&C), referral letter and

essential background information (e.g., copies of previous

evaluations), and Statement of Reasons (SOR).

# Pre-sentence/Post-sentence Report.

# Pretrial Services Report.

# Other relevant information provided in written form by

family, friends, or supervisors.

# Written communication to institution staff about the

specific objectives of the study.

# The arrest report or any other law enforcement agency

reports pertaining to the instant offense.

This information is essential in completing the background

sections of psychological and psychiatric evaluations, as well as

giving an indication of the defendant's behavioral pattern in the

community.

If the inmate does not arrive within 15 days of designation, the

receiving institution should contact the DSCC for assistance.

The Warden will designate a staff member, ordinarily the Case

Management Coordinator, to be responsible for initiating such

contact, as necessary. The psychologist or psychiatrist assigned

the evaluation will be responsible for requesting extensions (see

Attachment A for an extension letter example), and monitoring

progress and due dates of the evaluation.

b. Evaluation Cases With Referral Questions. The primary

report prepared by the forensic evaluator is the psychological or

psychiatric evaluation (see the Forensic Evaluation Training

Manual for an example). Psychological evaluations will be

prepared by a licensed psychologist and psychiatric evaluations

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should be prepared by a licensed psychiatrist. Clinical interns

may be involved in the process, but their work will be closely

supervised by a licensed psychologist or licensed psychiatrist.

Other assessments that may be part of an evaluation include an

educational, medical, vocational, or other assessment prepared by

the appropriate discipline. The need for, and content of, such

assessments will depend on the objectives of the evaluation and

the nature of the court's questions. The psychologist or

psychiatrist responsible for completing the evaluation shall

summarize the consultants’ findings in the evaluation, or include

written consultations in their entirety. If written

consultations are included, the consultant(s) shall also sign the

evaluation, specifying which sections they authored.

c. Pre-Sentence Evaluation With No Referral Questions. When the

court has no specific referral questions for the evaluation, and

efforts to secure referral questions have been unsuccessful, the

Bureau will provide the court an evaluation that includes any

information the evaluator believes is pertinent to the factors

set forth in 18 U.S.C. § 3553(a). This may include:

# A description of the nature of the offense.

# Characteristics of the defendant.

# Risk of dangerousness and propensity of defendant to engage

in further criminal conduct.

# Needed education, vocational training, medical care, or

other treatment.