BOP Program Statement 5214.05 § 10

For an inmate to be considered for redesignation from the CMU, the inmate must ordinarily be in

Phase 3. Progression through the three phases with clear conduct does not outweigh other

contributing factors that support continued placement in the CMU. Based on exigent

circumstances, Unit Management, in consultation with the Intelligence Research Specialists and

relevant Department Heads, may review the inmate’s conduct for redesignation consideration

prior to Phase 3.

Phase Progression Review will be conducted in connection with Unit Management’s regularly

scheduled program reviews. Unit Management and Intelligence Research Specialist staff, in

conjunction with the CTU, will review the inmate’s conduct and communications in a manner

consistent with sound correctional judgement and security management practices to determine the

inmate’s eligibility for phase progression. Any misconduct to include, but not limited to

disciplinary or communication management infractions, will result in review of phase

progression and consideration for phase regression to Phase 1. An inmate’s phase status is not

part of the inmate disciplinary process. All CMU inmates are provided the same disciplinary

process as described in the Program Statement Inmate Discipline Program.

An inmate ordinarily will not be considered for redesignation until Unit Management has

conducted at least one program review of the inmate in Phase 3. Unit Management, in

connection with the Intelligence Research Specialists and relevant Department Heads, may

review the inmate’s conduct for redesignation consideration prior to submitting the redesignation

rationale to the Warden. Once reviewed and approved by the Warden, the redesignation packet

will be submitted for review by the CTU with final approving authority being the Assistant

Director, CPD.

Redesignation Criteria. Reviews for continuing CMU designation are done in a manner

consistent with sound correctional judgment and security threat management practices. Unit

Management staff, the Intelligence Research Specialist(s) and relevant Department Heads, in

conjunction with the CTU, review the status of an inmate in a CMU to determine the inmate’s

readiness for transfer. The decision to transfer reflects Unit Management and the CTU’s

judgement the inmate can function in another facility in a way he/she is not likely to be a threat

to others, or to the institution’s orderly operation. CTU staff may gather intelligence from

sensitive information and utilize the expertise of other law enforcement and intelligence agencies

during the review process.

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In determining whether continued CMU placement is necessary, Unit Management and

Intelligence Research Specialists will consider whether the original reasons for CMU placement

still exist, including whether:

■ The inmate’s current offense(s) of conviction, or offense conduct, included association,

communication, or involvement, related to international or domestic terrorism.

■ The inmate’s current offense(s) of conviction, offense conduct, or activity while incarcerated,

indicates a propensity to encourage, coordinate, facilitate, or otherwise act in furtherance of

illegal activity through communication with persons in the community.

■ The inmate has attempted, or indicates a propensity, to contact victims of their current

offense(s) of conviction.

■ Continued engagement in the behaviors/activities which were the supporting rationale for

CMU placement

■ The inmate committed prohibited activity to include, but not limited to, misuse/abuse of

approved communication methods while incarcerated.

■ There is any other evidence of a potential threat to the safe, secure, and orderly operation of

prison facilities, or protection of the public, as a result of the inmate’s unmonitored

communication with persons in the community.

Additional information to be considered includes whether the inmate can safely function in a less

restrictive unit without posing a safety and security risk to institutions, staff, other inmates,

themselves, or the public. Ultimately, it must be a staff member’s assessment the inmate does not

require the degree of monitoring and controls afforded at a CMU.

Unit Management staff will forward recommendations to the Warden. With the concurrence of

the Warden, recommendations are then forwarded to the CTU for review of individual inmate

cases. The CTU forwards the recommendation to the Assistant Director, CPD.

Only the Assistant Director, CPD, or the individual appointed by the Director to serve as acting

Assistant Director, CPD has the authority to redesignate an inmate from CMU. CMU

redesignation approval authority may not be delegated below this level.

All material utilized during the review and referral process is ordinarily delivered to recipients in

electronic format, except classified material that must be handled in accordance with the

prescribed handling procedures.

Inmates denied redesignation from a CMU are notified in writing by Unit Management of the

reason(s) for continued CMU designation. Inmates not satisfied with the redesignation decision,

or any other aspect of confinement in the CMU, can appeal the decision or situation in

accordance with the Program Statement Administrative Remedy Program. Unit Management

staff provide the necessary form(s) to the inmate.

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Once redesignation from a CMU is approved, CTU staff prepare a referral packet for the DSCC.

The packet contains:

■ Request for Redesignation Memorandum (drafted by the CTU).

■ Approval memorandum signed by the Assistant Director, CPD.

Inmates approved for transfer from a CMU are ordinarily redesignated to the general population

in the institution where the CMU is located, for a period of no less than six months. This is

accomplished as a step-down process from the CMU if they meet security and custody

classification requirements for a medium security facility.

Inmates requiring placement in a high security institution are ordinarily redesignated to an

appropriate facility for no less than 6 months, as a step-down process from the CMU.

Approval or denial by the Assistant Director, CPD, is reported to the CTU. The CTU then

notifies a Designator at the DSCC, who notes the decision in the applicable Bureau inmate

management system on the inmate’s “CIM Clearance and Separatee Data,” and loads the initial

designation or redesignation.

During the initial six-month step-down period, the inmate’s communications continue to be

monitored by the CTU.

Should the inmate continue to program appropriately after transfer from a CMU, they can be

considered eligible for transfer to another appropriate security level facility.