US · guidance
BOP Program Statement 5264.09 § 4
§ 540.102 Monitoring of inmate telephone calls.
The Warden shall establish procedures that enable monitoring of telephone conversations on any
telephone located within the institution, said monitoring to be done to preserve the security and
orderly management of the institution and to protect the public. The Warden must provide notice
to the inmate of the potential for monitoring. Staff may not monitor an inmate's properly placed
call to an attorney. The Warden shall notify an inmate of the proper procedures to have an
unmonitored telephone conversation with an attorney.
5264.09 9/3/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 7
As part of the admission and orientation process, inmates will be advised of the procedures for
placing monitored and unmonitored telephone calls.
The notification to inmates will be documented on the BP-A0408, Acknowledgment of Inmate,
Part 3 & 4 form and then filed in the Inmate Central File.
In addition, a notice will be placed, in both Spanish and English, at all monitored telephone
locations within the institution advising the user all conversations from that telephone are subject
to monitoring and using the telephone constitutes consent to this monitoring. A notice will advise
inmates to contact their assigned Unit Management to request an unmonitored attorney telephone
call. Trust Fund staff must ensure the notice is placed at all monitored telephone locations within
the institution.
Requests for information (e.g., subpoenas) on monitored calls should be processed in accordance
with the Program Statement Recorded Inmate Telephone Conversations, Requests for
Production. The Bureau does not allow inmates to send or receive facsimile communications.
History
PS 5264.09 dated 2026-09-03
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
fbba18d7455ae887e1930c3d66eeee66cf69d79405c758f6f3710f4b9a66854b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.