BOP Program Statement 5214.04 § 13

a. Only the Regional Director may release an inmate from

controlled housing status. The following factors are considered

in the evaluation of an inmate's readiness for return to the

general population:

(1) Relationship with other inmates and staff members,

which demonstrate that the inmate is able to function in a less

restrictive environment without posing a health threat to others

or to the orderly operation of the institution;

(2) Involvement in work and recreational activities and

assignments or other programs; and

(3) Adherence to institution guidelines and Bureau of

Prisons rules and policy.

b. An inmate released from a controlled housing status may be

returned to the general population of that institution, or to

another federal or non-federal institution.]

/s/

Kathleen M. Hawk

Director

PS 5214.04

2/4/98

Attachment A, Page 1

NOTICE OF CONTROLLED HOUSING STATUS HEARING - Page 1 of 3

The original of this Notice was delivered to the inmate

(date/time) by (staff member's signature/printed name)

DATE:

To: Inmate's Name - Register Number:

Institution -

From: Hearing Administrator -

You have been referred for a hearing before a Controlled Housing Status Hearing Administrator. This hearing is to

determine if you should be confined in a controlled housing status. Information concerning this referral, the hearing,

and your rights at this hearing are set forth in this Notice.

1. Scheduled Date and Location for Hearing:

2. Brief summary of the act(s) resulting in the recommendation for this placement:

3. You are entitled to have a full-time staff member represent you at this hearing. Please indicate whether you

desire to have a staff representative and, if so, the person's name.

+)),

.))- I wish to have the following staff representative:

+)),

.))- I do not want a staff representative.

4. You have the right to call available witnesses at the hearing and to present documentary evidence. It is not

the purpose of this hearing, however, to "re-hear" any prior disciplinary proceedings. The testimony of

witnesses and the documentary evidence presented must be relevant to the issue of whether you can and would

function in a general prison population without you actions posing a threat to others. Witnesses providing

repetitive testimony, witnesses not available at the institution, and witnesses whose appearance at the hearing

would jeopardize institutional safety, will not be called. You may, however, submit such testimony in the form

of written and signed statement(s).

Please indicate on the next page if you wish to call available witnesses. If you do wish to call witnesses,

give their names, along with a brief description of their expected testimony.

PS 5214.04

2/4/98

Attachment A, Page 2

NOTICE OF CONTROLLED HOUSING STATUS HEARING - Page 2 of 3

INMATE'S NAME: REGISTER #: DATE:

5. a. + ) ) ) ) ),

.)))))- Initial this box if you do not want to call any witnesses.

b. If you do want to call available witnesses, give their names and a brief description of their expected

testimony.

Name: Can testify to:

Name: Can testify to:

Name: Can testify to:

Name: Can testify to:

c. List the names of those witnesses from whom you intend to obtain written statements.

Name: Can make a statement to:

Name: Can make a statement to:

Name: Can make a statement to:

Name: Can make a statement to:

If additional space is needed, use the reverse side of this form. Failure to complete the form will be

considered as your waiver to witnesses and staff representation.

Signature of Inmate: Date:

PS 5214.04

2/4/98

Attachment A, Page 3

NOTICE OF CONTROLLED HOUSING STATUS HEARING - Page 3 of 3

INMATE'S NAME: REGISTER #: DATE:

6. Inmate Rights at Hearing - As an inmate referred for placement in a controlled housing status, you have the

following rights:

a. The right to have a written summary of the specific act(s) or other evidence which forms the basis for this

recommendation, unless such information would likely endanger staff or others. You have the right to receive

this summary at least 24 hours prior to the hearing.

b. The right to have a full-time member of the staff who is reasonably available to represent you before the

Hearing Administrator.

c. The right to be present throughout the hearing except where institutional security or good order would be

jeopardized. If you elect not to appear before the Hearing Administrator, you may still elect to have a staff

representative and witnesses appear in your behalf.

d. The right to call available witnesses and to present documentary evidence in your behalf which is relevant to

the issue, provided institutional security or individual safety would not be jeopardized.

e. The right to be advised, in writing, of the Hearing Administrator's decision and a summary of the facts and

reasons supporting this decision, to the extent institutional security or individual safety would not be

jeopardized.

f. The right to appeal the recommendation of the Hearing Administrator by a written appeal to:

Regional Director

Bureau of Prisons

))))))))))))))))))))))

))))))))))))))))))))))

This appeal, with supporting documentation and reasons, must be filed within five working days of the

inmate's receipt of the Hearing Administrator's decision.

7. I have been advised of the above rights afforded me at a Controlled Housing Status hearing. I have also

received a copy of the current Program Statement or rule on controlled housing status.

Signature of Inmate: Date:

8. When an inmate has been advised of the above rights and provided a copy of the current Program Statement or rule

on controlled housing status, but refuses to sign the acknowledgment, the following is to be completed:

I have personally advised of the above rights, and provided the inmate a copy of the

current Program Statement or rule on controlled housing status; however, the inmate refused to sign the

acknowledgment.

Signature of Employee: Date:

Printed Name of Employee:

PS 5214.04

2/4/98

Attachment A, Page 1

CONTROLLED HOUSING STATUS HEARING ADMINISTRATOR'S REPORT - Page 1 of 2

INMATE'S NAME: REGISTER #: DATE:

1. Notice of Hearing:

a. The "Notice of Controlled Housing Status Hearing" was given to the above named inmate on (date) at

(time). A copy of this Notice is attached.

b. The hearing was held by (Hearing Administrator), from (location), on (date)

at. The inmate was present; not present for the following reason(s): .

A summary of the inmate's statement is attached.

2. Staff Representation: The inmate was advised, in the "Notice of Controlled Housing Status Hearing", of the

right to select a staff representative.

a. The inmate elected to proceed without a staff representative.

b. The inmate selected a staff representative, who appeared at the hearing. The staff representative selected was

. A summary of the representative's statement given at the hearing is attached.

3. Appearance of Witnesses: The inmate was advised, in the "Notice of Controlled Housing Status Hearing", of the

right to have witnesses appear at the hearing.

a. The inmate elected to proceed without the benefit of witnesses.

b. The inmate selected the following witnesses to appear.

Reason requested witnesses were not called:

A summary of witness(es) statements given at the hearing is attached.

4. Presentation of Documented Statements: The inmate was advised, in the "Notice of Controlled Housing Status

Hearing", of the right to submit documentary evidence.

a. The inmate declined to present any documentary evidence to the Hearing Administrator.

b. The inmate presented the following documentary evidence.

A copy of the documentation evidence is attached.

5. Inmate's Physical and Mental Health:

Signature of Medical Staff Member

PS 5214.04

2/4/98

Attachment B, Page 2

CONTROLLED HOUSING STATUS HEARING ADMINISTRATOR'S REPORT - Page 2 of 2

INMATE'S NAME: REGISTER #: DATE:

6. Finding:

7. Decision:

8. Inmate to be continued in special housing pending Regional Director review? No; Yes (If yes, state reasons)

9. Appeal Rights: You have the right to appeal this decision by forwarding a written appeal to:

Regional Director

Bureau of Prisons

Your appeal must be filed within five (5) work days following receipt of the Hearing Administrator's decision.

The final decision is made by the Regional Director.

Signature of Hearing Administrator: Date:

Printed Name of Hearing Administrator:

10. I hereby acknowledged that I have received a copy of the Hearing Administrator's decision on (date) at

(time).

Signature of Inmate:

Signature/Printed Name of Employee:

11. When an inmate refuses to sign for a copy of the decision, the following is completed.

I have personally delivered a copy of the Hearing Administrator's decision to the above-named inmate; however,

the inmate refused to sign the acknowledgment.

Date/Time of Delivery:

Signature/Printed Name of Employee: