BOP Program Statement 5100.08 Change Notice 1

U.S. Department of Justice

Federal Bureau of Prisons

CHANGE NOTICE

OPI: CPD/CPB

NUMBER: 5100.08, CN-1

DATE: September 4, 2019

Inmate Security Designation and Custody

Classification

/s/

Approved: Kathleen Hawk Sawyer

Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following changes to Program Statement 5100.08,

Inmate Security Designation and Custody Classification, dated September 12, 2006, in light of

the FIRST STEP Act.

The highlighted text was added to INTRODUCTION:

The Bureau of Prisons shall designate the place of the prisoner's imprisonment, and shall, subject

to bed availability, the prisoner's security designation, the prisoner's programmatic needs, the

prisoner's mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns of the Bureau

of Prisons, place the prisoner in a facility as close as practicable to the prisoner's primary

residence, and to the extent practicable, in a facility within 500 driving miles of that residence.

The highlighted text was added and the deleted text is struck through in Chapter 5,

MANAGEMENT VARIABLES AND PUBLIC SAFETY FACTORS:

D Release Residence. The Bureau of Prisons attempts to place each inmate

in an institution that is reasonably close to the anticipated release area.

Ordinarily, placement within 500 miles of the release area is to be

considered reasonable, regardless of whether there may be an institution

closer to the inmate’s release area. To the extent practicable, placement to

the closest facility within 500 driving miles of the release area will be

considered reasonable, subject to bed availability, the prisoner’s security

designation, the prisoner’s programmatic needs, the prisoner’s mental and

medical health needs, any request made by theprisoner related to faith-based

needs, recommendations of the sentencing court, and other security concerns of

the Bureau of Prisons. This MGTV may also apply to inmates who are within 36

months of release.

E Following are example situations: facility activation; population pressures

affecting available appropriate-level bed space within 500 driving miles of

the inmate’s anticipated release residence; gang/security concerns.

Additionally highlighted text was added and the deleted text is struck through in Chapter 7,

Institution Classification Transfers.

2. NEARER RELEASE TRANSFERS (Code 313). Once the inmate has been transferred

within 500 driving miles of his or her release residence, no further referrals will be made for

nearer release transfer consideration. further referrals can be considered for nearer release

transfer consideration subject to bed availability, the prisoner’s security designation, the

prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request

made by the prisoner related to faith-based needs, recommendations of the sentencing court, and

other security concerns of the Bureau of Prisons.

P5100.08, CN-1 9/4/2019 2