BOP Program Statement 5264.09 § 9

Inmates may be subject to telephone restrictions imposed by the Warden to protect the safety,

security, and good order of the institution, as well as to protect the public. Telephone restrictions

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imposed under the authority of this section are separate and apart from telephone restrictions

imposed by the Unit Discipline Committee (UDC) or Discipline Hearing Officer (DHO)

following formal and completed inmate discipline proceedings.

Inmates with telephone restrictions are still entitled to place at least one telephone call per

month, unless also under a sanction of telephone restriction the UDC or DHO imposed.

a. Authorized Circumstances. Inmates may be subject to telephone restrictions under this

section in the following two circumstances:

(1) Public Safety Factor (PSF). An inmate whose current offense, prior history, or threat

characteristics indicate a propensity to abuse telephone privileges will be assigned the

PSF - Serious Telephone Abuse. If an inmate is assigned the PSF for Serious Telephone Abuse, a

telephone restriction is authorized. See the Program Statement Inmate Security Designation

and Custody Classification for additional information regarding PSFs. Telephone restrictions

imposed under these circumstances are discretionary and necessary to ensure the institution’s

safety, security, good order and/or to protect the public. When deemed necessary, the inmate’s

Unit Manager will recommend this type of restriction to the Warden for final decision making.

Upon their initial commitment or redesignation, an inmate with a PSF for Serious Telephone

Abuse will not be authorized to use the ITS until classified by Unit Management. Inmates

identified at their initial classification as requiring telephone restrictions will not be permitted

access to the ITS until reviewed and approved by the Warden.

(2) Pending Investigation or Disciplinary Action for Possible Telephone Abuse. If an inmate

is pending an investigation or disciplinary action for possible telephone abuse, a partial or total

telephone restriction is authorized. Telephone restrictions imposed under these circumstances are

discretionary and necessary to ensure the institution’s safety, security, or good order, and protect

the public. When deemed necessary, the SIS office will ordinarily recommend this type of

restriction. Any telephone restriction recommended by the SIS office may only be imposed with

the Warden’s approval, in accordance with the procedures outlined in this section.

b. Procedures for Imposing or Removing Telephone Restrictions. The following procedures

must be followed when imposing, removing, or renewing, a telephone restriction under this

section:

(1) The appropriate staff member recommends a telephone restriction to the Warden by

completing the BP-A0740, Request for Telephone Restriction form. The staff member making

the recommendation should describe briefly the reason for the telephone restriction, as well as

the extent of the proposed restriction.

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For example, staff may recommend reducing an inmate’s telephone use to 100 minutes per

month rather than a total restriction, if such a restriction would sufficiently protect the safety,

security, or good order of the institution, and the public.

(2) The Warden will review the recommendation and either approve, modify, or deny the

restriction. If the Warden approves a restriction, such decision must be based on the conclusion

that it is necessary to protect the institution’s safety, security, or good order, and public.

(3) If the Warden approves a telephone restriction, a copy of the completed BP-A0740 is

provided to the inmate, the Trust Fund Office, and placed in Section 3 of the Inmate’s Central

File.

(4) Telephone restrictions imposed by the Warden due to a PSF for Serious Telephone Abuse

must be reviewed at least every six months, ordinarily in conjunction with the inmate’s program

review, to determine if the restriction should continue or be modified. A decision to continue the

current telephone restriction imposed under this section requires no further action but must be

documented on the BP-A0571, Program Review Report.

Any proposed change to a current telephone restriction must be made according to these

procedures and requires the Warden’s approval. If appropriate, an inmate’s telephone privileges

can be gradually restored, based on demonstrated responsibility documented by the inmate’s

assigned Unit Management or other staff.

(5) Telephone restrictions imposed pending an investigation or disciplinary action for possible

telephone abuse are limited to a period of 30 days. If an additional 30-day period is required to

complete either the investigation or disciplinary process, the Warden must re-authorize the

restriction using these procedures. Specifically, the Warden’s approval must be obtained on an

additional BP-A0740, Request for Telephone Restriction form. Unless re-authorized in this

manner, Trust Fund staff will obtain the Warden’s approval for reinstatement or continued

restrictions every 30 days.

Each subsequent restriction period is limited to 30 days. Staff should make every effort to

complete investigations and disciplinary proceedings for possible telephone abuse within the first

30-day period of the telephone restriction.

(6) Inmates with telephone restrictions under this section are still entitled to place at least one

telephone call per month, unless also under a sanction of telephone restriction the UDC or DHO

imposed following formal, and completed, inmate discipline proceedings. Ordinarily, such

telephone calls are placed through the ITS, not by staff.

(7) Inmates may challenge telephone restrictions imposed under this section utilizing the process

detailed in the Program Statement Administrative Remedy Program.

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REFERENCES

Program Statements

Inmate Legal Activities

Administrative Remedy Program

Trust Fund/Deposit Fund Manual

Inmate Security Designation and Custody Classification

Correspondence

Inmate Discipline Program

Religious Beliefs and Practices

Pretrial Inmates

Federal Regulations

28 CFR §§ 540.100–105

28 CFR § 541

28 CFR § 542

28 CFR § 551.151(a)–(b)

Bureau Forms Prescribed 5264.09

BP-A0740 Request for Inmate Telephone Restriction

Other Bureau Forms

BP-A0408 Acknowledgment of Inmate, Part 3 & 4

BP-A0571 Program Review Report

BP-A1054 TRULINCS Contact Request Form

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Facilities (5th

Edition): 5-ACI-7D-11, 5-ACI-7D-12, 5-ACI-7D-13, 5-ACI-4A-25, 5-ACI-4A-26, 5-ACI-4B-

25, 5-ACI-4B-26

Performance-Based Standards and Expected Practices for Adult Detention Facilities (5th

Edition): 5-ALDF-6A-02, 5-ALDF-6A-05, 5-ALDF-2E-23, 5-ALDF-2E-24, 5-ALDF-5B-11, 5-

ALDF-5B-12

Standards for the Administration of Correctional Agencies (2nd Edition): 2-CO-5D-01

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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