BOP Program Statement 5212.07 § 8

a. The Hearing Administrator shall provide a hearing to an

inmate recommended for placement in a control unit. The hearing

ordinarily shall take place at the recommending or sending

institution.

b. The hearing shall proceed as follows.

(1) Staff shall provide an inmate with an advance written

notice of the hearing and a copy of this rule at least 24 hours

prior to the hearing. The notice will advise the inmate of the

specific act(s) or other evidence which forms the basis for a

recommendation that the inmate be transferred to a control unit,

unless such evidence would likely endanger staff or others. If

an inmate is illiterate, staff shall explain the notice and this

rule to the inmate and document that this explanation has

occurred.]

The Hearing Administrator prepares the "Notice of Control

Unit Hearing" (Attachment A). If the Hearing Administrator

intends to consider any disciplinary actions the inmate received

before or after the control unit referral, these actions must be

referred to in the notice.

The Hearing Administrator sends the "Notice of Control Unit

Hearing" and a copy of either this Program Statement or the

current rule (28 CFR 541.40-50) on control unit programs to the

institution for staff delivery to the inmate. The date and time

the inmate receives this material will be recorded on the staff

copy of the notice.

PS 5212.07

2/20/2001

Page 8

[(2) The Hearing Administrator shall provide an inmate the

service of a full-time staff member to represent the inmate, if

the inmate so desires. The Hearing Administrator shall document

in the record of the hearing an inmate's request for, or refusal

of staff representation. The inmate may select a staff

representative from the local institution. If the selected staff

member declines or is unavailable, the inmate has the option of

selecting another representative or, in the case of an absent

staff member, of waiting a reasonable period (determined by the

Hearing Administrator) for the staff member's return, or of

proceeding without a staff representative. When an inmate is

illiterate, the Warden shall provide a staff representative. The

staff representative shall be available to assist the inmate and,

if the inmate desires, shall contact witnesses and present

favorable evidence at the hearing. The Hearing Administrator

shall afford the staff representative adequate time to speak with

the inmate and to interview available witnesses.

(3) The inmate has the right to be present throughout the

hearing, except where institutional security or good order is

jeopardized. The Hearing Administrator may conduct a hearing in

the absence of the inmate when the inmate refuses to appear. The

Hearing Administrator shall document an inmate's refusal to

appear, or other reason for non-appearance, in the record of the

hearing.]

An inmate who refuses to appear at the hearing may still

elect to have a staff representative and witness(es) appear in

his or her behalf.

[(4) The inmate is entitled to present documentary evidence

and to have witnesses appear, provided that calling witnesses

would not jeopardize or threaten institutional security or

individual safety, and further provided that the witnesses are

available at the institution where the hearing is being

conducted.

(a) The evidence to be presented must be material and

relevant to the issue as to whether the inmate can and would

function in a general prison population without being or posing a

threat to staff or others or to the orderly operation of the

institution. The Hearing Administrator may not consider an

attempt to reverse or repeal a prior finding of a disciplinary

violation.

PS 5212.07

2/20/2001

Page 9

(b) Repetitive witnesses need not be called. Staff who

recommend placement in a control unit are not required to appear,

provided their recommendation is fully explained in the record.

Staff who were involved, in any capacity, in former disciplinary

proceedings need not be called as to their involvement in those

proceedings, since this hearing is not to go over the factual

basis for prior actions which have been decided.]

A staff witness whom the Hearing Administrator determines

can present material and relevant evidence or testimony may not

decline to appear.

[(c) When a witness is not available within the

institution, or not permitted to appear, the inmate may submit a

written statement by that witness. The Hearing Administrator

shall, upon the inmate's request, postpone any decision following

the hearing for a reasonable time to permit the obtaining and

forwarding of written statements.

(d) The Hearing Administrator shall document in the

record of the hearing the reasons for declining to permit a

witness or to receive documentary evidence.]