BOP Program Statement 5214.05 § 9

Contact between CMU inmates and people in the community shall be limited as outlined below

in three progressive phases to ensure appropriate use of approved communications by the inmate.

Privileged attorney-client communications are not monitored, consistent with the Program

Statements Legal Activities, Inmate and Visiting Regulations.

§ 540.203 Written correspondence limitations.

(a) General correspondence. General written correspondence as defined by this part, may be

limited to six pieces of paper (not larger than 8.5 x 11 inches), double-sided writing permitted,

once per calendar week, to and from a single recipient at the discretion of the Warden, except

as stated in (c) below. This correspondence is subject to staff inspection for contraband and for

content.

Incoming and outgoing written general correspondence must be reviewed by CTU staff before

delivery to the inmate or further processing to the post office. All correspondence in foreign

languages must be translated before delivery to the inmate or further processing to the post

office.

For the purposes of communication management, unless otherwise restricted, in Phase 1, CMU

inmates will be permitted 10 community social contacts, which will be vetted and pre-approved

by CTU. Extenuating circumstances will be reviewed on an individual basis by Unit

Management, Intelligence Research Specialists, and the CTU, with final approval being at

Warden’s discretion.

Postal mail correspondence will be limited to six pieces of paper as outlined in section (a)

General Correspondence, to and from a single recipient. Procedures related to correspondence

must also be in accordance with the Program Statement Correspondence. The page limits apply

in all three phases.

In Phase 2 progression CMU inmates will be permitted a maximum of 20 social, community

contacts, which will be vetted and pre-approved by CTU, unless otherwise restricted.

Phase 3 progression will ensure the CMU inmate social community contacts are limited to the

current number of active contacts as outlined in the Program Statement Trust Fund/Deposit

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Manual, which will continue to be vetted and pre-approved by CTU unless otherwise restricted.

(b) Special mail.

(1) Special mail, as defined in this part, is limited to privileged communication with the

inmate's attorney.

(2) All such correspondence is subject to staff inspection in the inmate's presence for

contraband and to ensure its qualification as privileged communication with the inmate's

attorney. Inmates may not seal such outgoing mail before giving it to staff for processing.

After inspection for contraband, the inmate must then seal the approved outgoing mail

material in the presence of staff and immediately give the sealed material to the observing

staff for further processing.

(c) Frequency and volume limitations. Unless the quantity to be processed becomes

unreasonable or the inmate abuses or violates these regulations, there is no frequency or

volume limitation on written correspondence with the following entities:

(1) U.S. courts;

(2) Federal judges;

(3) U.S. Attorney's Offices;

(4) Members of U.S. Congress;

(5) The Bureau of Prisons;

(6) Other federal law enforcement entities; or

(7) The inmate's attorney (privileged communications only).

Only privileged communication with the inmate’s attorney will be handled as special mail. All

other types of correspondence do not receive special handling and will be treated as general

correspondence. This includes, but is not limited to, media representatives and those entities

listed above in this Section.

In all three phases, Legal and court contacts will not be limited unless otherwise restricted.

Legal calls will not be limited unless other restrictions are in place.

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Digital legal materials will be maintained by staff as outlined in the CMU Institutional

Supplement. The supplement will provide additional guidance referencing storage and

accountability methods; as authorized by the Warden and CTU/ICTB.

(d) Electronic messaging may be limited to two messages, per calendar week, to and from a

single recipient at the discretion of the Warden.

CMU inmates are permitted electronic messaging where available. Unless otherwise restricted,

Phase 1 of the CMU, electronic communications will be limited to and from the inmate’s 10

approved contacts. Phase 2 will be limited to and from the inmate’s 20 approved contacts. In

Phase 3, unless otherwise restricted, CMU inmates will be limited to the current number of

active contacts as outlined in the Program Statement Trust Fund/Deposit Manual.

Additionally, the policy on TRULINCS electronic messaging applies to inmates in the CMU.

Incoming and outgoing electronic messaging must be reviewed by CTU staff before delivery to

the inmate or further processing to the electronic post office. All correspondence in foreign

languages must be translated before delivery to the inmate or further processing to the electronic

post office.

§ 540.204 Telephone communication limitations.

(a) Monitored telephone communication may be limited to immediate family members only.

The frequency and duration of telephone communication may also be limited to three

connected calls per calendar month, lasting no longer than 15 minutes. The Warden may

require such communication to be in English, or translated by an approved interpreter.

Telephone communications between inmates and people in the community, except properly

placed, unmonitored legal calls are:

■ Conducted using monitored inmate telephone system (ITS) phone lines.

■ Ordinarily live monitored by CTU staff.

■ Subject to recording.

■ Translated for foreign language conversations.

Unless otherwise restricted, Phase 1 CMU inmates will be limited in frequency of calls to a total

of three 15-minute connected calls per calendar month. Phase 2 CMU inmates will progress to a

total of one connected 15-minute call per week. Phase 3 inmates will be allowed a total of two

15-minute connected telephone calls per week, limited to the current number of active contacts as

outlined in the Program Statement Trust Fund/Deposit Manual.

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Calls may be made Monday through Friday, except holidays, between 8:00 a.m. and 8:00 p.m.,

local time. On weekends and holidays, telephone calls may be placed between 8:00 a.m. and 2:30

p.m., local time. Inmate telephone communications must be in accordance with the Program

Statement Inmate Telephone Regulations.

(b) Unmonitored telephone communication is limited to privileged communication with

the inmate's attorney. Unmonitored privileged telephone communication with the inmate's

attorney is permitted as necessary in furtherance of active litigation, after establishing that

communication with the verified attorney by confidential correspondence or visiting, or

monitored telephone use, is not adequate due to an urgent or impending deadline.

§ 540.205 Visiting limitations.

(a) Regular visiting may be limited to immediate family members. The frequency and duration

of regular visiting may also be limited to four one-hour visits each calendar month. The

number of visitors permitted during any visit is within the Warden's discretion. Such visits

must occur through no-contact visiting facilities.

(1) Regular visits may be simultaneously monitored and recorded, both visually and

auditorily, either in person or electronically.

(2) The Warden may require such visits to be conducted in English, or simultaneously

translated by an approved interpreter.

(b) Attorney visiting is limited to attorney-client privileged communication as provided in this

part. These visits may be visually, but not auditorily, monitored. Regulations and policies

previously established under 28 CFR part 543 are applicable.

(c) For convicted inmates (as defined in 28 CFR part 551), regulations and policies previously

established under 28 CFR part 543 are applicable.

Visiting between inmates and persons in the community except properly scheduled, unmonitored

legal visits is:

■ conducted using non-contact facilities (e.g., secure partitioned rooms, telephone voice contact),

■ ordinarily live monitored by CTU staff,

■ subject to recording, and

■ translated for foreign language conversations.

In all three phases, unless otherwise restricted, inmates will ordinarily be allowed up to eight

hours, but no less than four of visiting time per month. Visits may be scheduled in increments of

up to four hours at the discretion of the institution. No single visit (visiting day) may be

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scheduled for a period longer than four hours. Visits will be permitted in accordance with the

institution supplement, during regular institution visiting hours.