BOP Program Statement 5251.06 § 4

a. Each sentenced inmate who is physically and mentally able is to be assigned

to an institutional, industrial, or commissary work program. Exception shall be

made to allow for inmate participation in an education, vocational, or drug abuse

treatment program, on either a full or part-time basis, where this involvement is

mandated by Bureau policy or statute (for example, the Literacy Program). Where

such participation is not required by either policy or statute, exception may be

made to allow an inmate to participate in an education, vocational, or drug abuse

treatment program rather than work full-time upon the request of the inmate and

approval of the Warden or designee.

The inmate’s unit team ordinarily makes work and program assignments.

b. A pretrial inmate may not be required to work in any assignment or area other

than housekeeping tasks in the inmate’s own cell and in the community living

area, unless the pretrial inmate has signed a waiver of his or her right not to work

(see 28 CFR part 551, subpart J).

28 CFR part 551, Subpart J is referenced in the Program Statement Pretrial Inmates. Although

pretrial inmates are not required to work, an option is available to them via the Prison System

Pretrial Inmate Work Waiver/Notice of Separation form (BP-S203, available on Sallyport) in the

Program Statement Pretrial Inmates.

c. Medically unassigned inmates may be required, to the extent medically

possible, to perform housekeeping tasks in the inmate's own cell and in the

community living area.

d. In making the work and/or program assignment(s), staff shall consider the

inmate’s capacity to learn, interests, requests, needs, and eligibility, and the

availability of the assignment(s). An inmate’s assignment shall be made with

consideration of the institution’s security and operational needs, and should be

consistent with the safekeeping of the inmate and protection of the public.

Inmates will be selected and assigned to industrial programs in accord with the Program

Statement FPI Work Programs for Inmates.

Appropriate work assignments for otherwise qualified inmates with disabilities who, with or

without reasonable accommodation, can perform the essential functions of an available work

assignment are not to be denied such an assignment solely on the basis of the disability. Staff

will not discriminate against or preclude qualified inmates with a disability from participating in

work programs. The inmate’s safety and ability to function satisfactorily at a particular work

assignment, however, must be considered.

P5251.06 10/01/2008 Federal Regulations: bold type. Implementing instructions: regular type. Page 4

Staff may not discriminate against an inmate on the basis of race, religion, sex, national origin,

disability, or political belief.