BOP Program Statement 5264.09 § 3

The ITS is a calling system that is available in all institutions operated by the Bureau.

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To ensure the safety and security of the institution and community, inmates must place all

personal telephone calls through the ITS and must not circumvent it via call forwarding,

including automatic electronic forwarding or any similar telephone function. Additionally, toll-free or credit card calls are not authorized (e.g., telephone calls to 1-800, 1-888, 1-877, 1-866, 1-

900, 1-976, or to credit card access numbers).

a. Warden’s Authority.

(b) Except as provided in this rule, the Warden shall permit an inmate who has not been

restricted from telephone use as the result of a specific institutional disciplinary sanction to

make at least one telephone call each month.

Wardens are responsible for implementing and maintaining an inmate telephone program within

their institution. In establishing an institution telephone program, Wardens should consider such

variables as the size and complexity of the institution. The Warden has the authority to restrict or

suspend temporarily an inmate’s regular telephone privilege when there is reasonable suspicion

that the inmate has acted in a way that would indicate a threat to the institution’s good order or

security. Wardens may restrict telephone privileges only in accordance with Section 9 of this

program statement.

Reasonable suspicion exists when facts and circumstances indicate that the inmate is engaged in,

or attempting to engage in, criminal or other prohibited behavior using the telephone. The

Warden has the authority to restrict or suspend temporarily an inmate’s regular telephone

privilege when there is a reasonable suspicion that the inmate has acted in a way that threatens

the safety, security, or good order of the institution, or the protection of the public. Reasonable

suspicion may be based on reliable, confidential information gathered through intelligence that

identifies the inmate in question. In determining reasonable suspicion, the available information

should reasonably lead a person with correctional experience to suspect the inmate is engaged in

criminal or other prohibited behavior using the telephone system.

b. Telephone List Preparation and Submission.

§ 540.101 Procedures.

(a) Telephone list preparation. An inmate telephone call shall ordinarily be made to a number

identified on the inmate's official telephone list. This list ordinarily may contain up to 30

numbers. The Associate Warden may authorize the placement of additional numbers on an

inmate's telephone list based on the inmate's individual situation, e.g., size of family.

(1) During the admission and orientation process, an inmate who chooses to have telephone

privileges shall prepare a proposed telephone list. At the time of submission, the inmate shall

acknowledge that, to the best of the inmate's knowledge, the person or persons on the list are

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agreeable to receiving the inmate's telephone call and that the proposed calls are to be made

for a purpose allowable under Bureau policy or institution guidelines.

(2) Except as provided in paragraph (a)(3) of this section, telephone numbers requested by an

inmate will ordinarily be placed on the inmate's telephone list. When an inmate requests the

placement of numbers for persons other than for immediate family or those persons already

approved for the inmate's visiting list, staff ordinarily will notify those persons in writing that

their numbers have been placed on the inmate's telephone list. The notice advises the

recipient that the recipient's number will be removed from the list if the recipient makes a

written request to the institution, or upon the written request of the inmate, or as provided in

paragraph (a)(3) of this section.

(3) The Associate Warden may deny placement of a telephone number on an inmate's

telephone list if the Associate Warden determines that there is a threat to institution security

or good order, or a threat to the public. Any disapproval must be documented in writing to

both the inmate and the proposed recipient. As with concerns about any correctional issue,

including any portion of these telephone regulations, an inmate may appeal the denial

through the administrative remedy procedure (see 28 CFR part 542). The Associate Warden

will notify the denied recipient that he or she may appeal the denial by writing to the Warden

within 15 days of receipt of the denial.

Inmates with access to electronic inmate communications system workstations which provide

access to telephone list updates shall generate and maintain their lists using the electronic inmate

communications system. Inmates are required to enter complete and accurate contact information

into the electronic inmate communication system.

Inmates without access to the electronic inmate communications system must follow the process

below.

(1) An inmate who wishes to have telephone privileges must submit a BP-A1054, TRULINCS

Contact Request Form to Unit Management staff. Ordinarily, inmate telephone lists may contain

up to 30 telephone numbers.

Inmates may submit telephone numbers for any person they choose, including numbers for

courts, elected officials, and members of the news media. Attorneys may be included on an

inmate’s telephone list with the understanding that such calls are subject to monitoring.

(2) Unit Management staff must sign the BP-A1054, TRULINCS Contact Request Form

verifying the identity of the inmate that has hand delivered the form to staff and that the inmate is

not adding a victim. Once an inmate submits a list, it will ordinarily be processed within seven

calendar days.

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(3) Once Unit Management staff sign the BP-A1054, TRULINCS Contact Request Form, it must

be forwarded to ITS staff in a secure manner and within the time frames established by this

program statement. At no time will the BP-A1054 be returned to the inmate or handled by

another inmate.

c. Telephone List Modifications.

(b) Telephone list update. Each Warden shall establish procedures to allow an inmate the

opportunity to submit telephone list changes on at least a quarterly basis.

An inmate may submit proposed changes to their telephone list once per calendar month, unless

staff determine the inmate has a demonstrated need for more prompt communication. In

determining if a more frequent change is to be permitted staff must rely on their professional

judgment and evaluate each request on a case-by-case basis.

Placing more than 30 numbers on an inmate’s telephone list is at the discretion of the Associate

Warden. While 30 numbers should meet the need of most inmates, there may be isolated

situations when additional numbers may be warranted. For example, an inmate who has a large

family may wish to place additional family members on the telephone list. Additional numbers

may also be warranted for an inmate who wishes to place both work and home telephone

numbers for their spouse and children.

(c) Telephone access codes. An inmate may not possess another inmate's telephone access

code number. An inmate may not give his or her telephone access code number to another

inmate, and is to report a compromised telephone access code number immediately to unit

staff.

d. Call Blocking. The Associate Warden has authority to block a number on an inmate account

on a case-by-case basis. In such cases, the Associate Warden or designee must notify the inmate

of an administrative block, ordinarily within five calendar days following the denial or removal

of the number.

For security reasons, the Associate Warden also has the authority to block telephone numbers

from being called by all inmates at their institution. For example, the number to a gambling line

may be blocked institution wide.

Requests for Bureau-wide blocking of telephone numbers shall be approved by the Chief,

Intelligence Section, Intelligence and Counterterrorism Branch or designee.

Telephone numbers for Victims and Witnesses (as defined in 28 CFR § 551.151(a)–(b) that have

requested notification regarding an inmate at a Bureau facility will be blocked at the

facility where the inmate is housed.

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e. Call Blocking by Recipient. In ITS, the call recipient has the capability through their home

telephone to deny and/or block further telephone calls from the inmate. A voice prompt will

direct the called party through the process. This capability is available for direct-dial and collect

calls from an inmate.

Once the recipient blocks a telephone number, the recipient can unblock the number only when

they send a written request for reinstatement. To ensure the called party’s identity, the request for

reinstatement must include a copy of a recent telephone bill and a copy of a valid government

identification. Trust Fund staff will process this request expeditiously. See the Program

Statement Trust Fund/Deposit Fund Manual for additional information.

In the event staff receive a telephonic request from a call recipient to have their telephone

number blocked from an inmate’s telephone list, Unit Management staff may request the ITS

technician place a temporary suspension, not to exceed 30 calendar days, on an inmate calling

that specific telephone number. Unit Management staff should take reasonable steps to verify the

identity of the person making the request (e.g., by calling the number to be blocked). The call

recipient should be informed the blocking of the number is temporary, and they must submit a

prompt written request to make it permanent.

Copies of written documentation, blocking or unblocking a telephone number, whether at the

recipient’s request or the Associate Warden’s discretion, must be forwarded to Trust Fund staff in

Financial Management.

f. Limitations on Inmate Telephone Calls.

(d) Placement and duration of telephone call. The placement and duration of any telephone

call is subject to availability of inmate funds. Ordinarily, an inmate who has sufficient funds is

allowed at least three minutes for a telephone call. The Warden may limit the maximum length

of telephone calling based on the situation at that institution (e.g., institution population or

usage demand).

(e) Exception. The Warden may allow the placement of collect calls for good cause. Examples

of good cause include, but are not limited to, inmates who are new arrivals to the institution,

including new commitments and transfers; inmates confined at Metropolitan Correctional

Centers, Metropolitan Detention Centers, or Federal Detention Centers; pretrial inmates;

inmates in holdover status; inmates who are without funds (see § 540.105(b)); and in cases of

family emergencies.

Wardens shall ensure the maximum duration of any single phone call should generally not

exceed 15 minutes. The Warden determines the waiting period between completed calls. There

must be a minimum of at least 30 minutes between completed calls.

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Ordinarily, a warning tone will be provided approximately one minute before the call is

disconnected. This applies to both debit and collect telephone calls.

Inmates with ITS accounts are limited to 510 minutes per calendar month. This applies to all

inmates with an ITS account in Bureau institutions and may be used for any combination of

collect or direct-dial calls at the inmate’s discretion. Inmates eligible for FSA telephone

incentives will receive 300 minutes per month at no charge (based on one month’s validation

cycle). There is no 30-minute daily call duration limit on telephone usage for the FSA incentive.

Regardless of FSA eligibility, inmates who exhaust their 300-minute limitation may purchase an

additional 210 minutes. At the Warden’s discretion and for good cause, indigent inmates may be

provided additional minutes.

The 510 minutes per calendar month limitation does not apply to an inmate’s ability to place

unmonitored legal telephone calls.

Institutions with specialized monitoring or programming requirements (e.g., Communications

Management Units, Administrative Maximum, and Control Unit Programs) should refer to the

Reentry Services Division FSA Incentives intranet page for additional guidance.

g. Hours of Telephone Operation. The hours of telephone operation begin at 6:00 a.m. and

end no later than 11:30 p.m. Inmate telephones will not be available from at least 11:30 p.m. to

6:00 a.m. Inmate access to telephones will be determined locally by the Warden.

These restrictions should not be imposed in pretrial/holdover institutions or units where inmates

are not required to work and generally have more need for telephone access during the day to

prepare for trial.

h. Complaints. As with any complaint regarding a correctional issue, an inmate may use

procedures outlined in the Program Statement Administrative Remedy Program to resolve

disputes concerning their telephone privileges (e.g., lists, access, accounts, and services).