US · guidance
BOP Program Statement 5264.09 § 5
§ 540.13 Inmate telephone calls to attorneys.
The Warden may not apply frequency limitations on inmate telephone calls to attorneys when the
inmate demonstrates that communication with attorneys by correspondence, visiting, or normal
telephone use is not adequate.
The Bureau provides each inmate with several methods to maintain confidential contact with
their attorney. For example:
inmate-attorney correspondence is covered under the special mail provisions,
private inmate-attorney visits are provided, and
the inmate is afforded the opportunity to place an occasional unmonitored call to their
attorney.
Based on these provisions, frequent confidential inmate-attorney calls should be allowed only
when an inmate demonstrates communication with their attorney by other means is not
adequate. For example, when the inmate or the inmate's attorney can demonstrate an imminent
court deadline. See the Program Statements Correspondence and Inmate Legal Activities for
additional information.
Staff are to make reasonable efforts to verify unmonitored calls placed on an inmate’s behalf are
in fact being made to an attorney’s office. Third-party or three-way calls are not authorized.
5264.09 9/3/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 8
History
PS 5264.09 dated 2026-09-03
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
984ca7718a622b2511ab7220059256bc92761857329c06bc902977721372ff38
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