BOP Program Statement 5180.05 § 8

a. Initial assignment. Except as provided for in paragraphs

(a)(1) through (4) of this section, an inmate (including pretrial

inmates) may be classified as a CIM case at any time by a

Community Corrections Manager or by appropriate staff at the

Central Office, Regional Office, or institution. This initial

classification is effective upon documentation in the inmate's

record.

(1) Witness Security Cases. Witness Security cases are

designated by the Central Office only. An inmate's participation

in the Department of Justice Witness Security Program is

voluntary. A commitment interview and an admission and

orientation interview are to be conducted with the Witness

Security inmate to ensure that the inmate understands the

conditions of confinement within the Bureau of Prisons. Central

Office classification of an individual as a witness security

case, under either the Department of Justice or Bureau of

Prisons, does not require additional review, and overrides any

other CIM assignment.

(2) State Prisoners. Appropriate staff in the Central

Office or Regional Office designate state prisoners accepted into

the Bureau of Prisons from state or territorial jurisdictions.

All state prisoners while solely in service of the state sentence

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are automatically included in the CIM system to facilitate

designations, transfers, court appearances, and other movements.

(3) Special Supervision. Placement in this assignment may

be made only upon the authorization of a Regional Director or the

Assistant Director, Correctional Programs Division.

(4) Recommitted Offenders. An inmate who is recommitted to

federal custody, who at the time of release was classified as a

CIM case, retains this classification pending a review of the CIM

status in accordance with paragraph (c) of this section.

b. Notification. The case manager shall ensure that the

affected inmate is notified in writing as promptly as possible of

the classification and the basis for it. Witness Security cases

will be notified through a commitment interview. The notice of

the basis may be limited in the interest of security or safety.

For example, in separation cases under §524.72, notice will not

include the names of those from whom the inmate must be

separated. The inmate shall sign for and receive a copy of the

notification form. If the inmate refuses to sign the

notification form, staff witnessing the refusal shall indicate

this fact on the notification form and then sign the form.

Notification is not required for pretrial inmates. Any

subsequent modification of a CIM assignment or removal from the

CIM system requires separate notification to the inmate.]

28 CFR 524.72 refers to Section 7 of this Program Statement.

For purposes of this Program Statement, "prompt" has been

defined as within 30 days of classification.

[c. Initial Review. A classification may be made at any level

to achieve the immediate effect of requiring prior clearance for

an inmate's transfer, temporary release, or participation in

community activities. Except for Central Office or Regional

Office classification of an individual as a state prisoner in

sole service of the state sentence or for classification of

pretrial inmates made by designated staff at the institution, a

review by designated staff (ordinarily within 60 days of

notification to the inmate) is required to determine whether a

sound basis exists for the classification. Staff making the

initial classification shall forward to the reviewing authority

complete information regarding the inmate's classification. An

inmate not notified of a change in the classification by the

reviewing authority within 60 days from the date of the initial

notification may consider the CIM classification final.

Reviewing authorities for CIM classification are:

(1) Central Office Inmate Monitoring Section - reviews

classification decisions for all future separation assignments

(including recommitments) for Witness Security cases and for any

combination of assignments involving Witness Security cases.

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(2) Regional Office - reviews CIM classification decisions

for Disruptive Group, Broad Publicity, Threat to Government

Officials, Special Supervision, State Prisoners not in sole

service of state sentence and initial multiple assignments except

Witness Security cases.

(3) Warden, or Designee - reviews CIM classification

decisions for all separation assignments.]

Warden refers to Chief Executive Officer and includes

Community Corrections Managers.

[d. Removal

(1) Because participation in the Department of Justice

Witness Security Program is voluntary, such participants may

request removal from this assignment at any time. Such request

shall be forwarded to the Central Office Inmate Monitoring

Section. Actual removal of the CIM assignment will not occur

until after approval from the Department of Justice is received.

(2) The reviewing authority is responsible for determining

if removal or modification of any CIM classification other than a

Department of Justice Witness Security case is appropriate. The

inmate retains the CIM classification pending a decision by the

reviewing authority.

(3) When an inmate is removed for any reason from a CIM

classification (for example, because the reviewing authority

either disapproves the CIM classification or approves removal of

a CIM classification based on new information), the appropriate

staff member shall ensure that the relevant portions of the

inmate central file are either removed or, when part of a larger

document, are amended to clearly reflect removal of the CIM

assignment. Staff shall notify the inmate of the decision and

document any change in the inmate's record, and supportive

documentation and the written basis for removal are to be

retained in the inmate privacy file.]