BOP Program Statement 5267.09 Change Notice 1

U.S. Department of Justice

Federal Bureau of Prisons

CHANGE NOTICE

OPI: CPD/CSB

NUMBER: 5267.09, CN-1

DATE: August 1, 2023

Visiting Regulations

/s/

Approved: Colette S. Peters

Director, Federal Bureau of Prisons

This Change Notice (CN) implements changes to Program Statement 5267.09, Visiting

Regulations, dated December 10, 2015. This CN establishes procedures for ensuring inmates

have access to legal counsel during a significant disruptive event. In addition, per the First Step

Act, no visitor can be prohibited from visiting an inmate due to the use of sanitary (i.e. feminine

hygiene) products. The inserted text is marked in highlight.

1. PURPOSE AND SCOPE

c. Institution Supplement. Each institution will develop local procedures and guidelines

required to administer this Program Statement. The institution will involve the Regional Office,

Correctional Services Administrator, in developing the Institution Supplement.

■ Procedures to ensure inmates can access legal counsel as soon as it is safely possible after a

facilities issue or other disruptive event.

■ Procedures for notifying inmate families and the public when deviation from the visitation

schedule occurs.

■ Procedures that no visitor is prohibited from visiting an incarcerated individual due to such

visitor’s use of sanitary (i.e. feminine hygiene)products.

■ Guidance on providing a private area for nursing as nursing infants are permitted in the

visiting room.

10. ATTORNEY VISITS

Alternative Legal Access Arrangements. To ensure inmates have access to legal counsel as

soon as it is safely possible after a significant or disruptive event at a facility exceeds 24 hours,

each facility will develop alternative legal access arrangements. These plans may include, but

are not limited to, alternative visiting locations at the facility, expansion of normal visiting hours,

and any additional procedures consistent with the mission and security of the facility.

Restriction of legal access should occur only when necessary to protect the safety and security of

employees, inmates, or the public.

Notification of Visiting Disruption. In instances where there is a significant or disruptive event

affecting the conditions of confinement and, institution management decides to restrict legal

and/or social visiting, employees must make all reasonable efforts to notify all known parties

affected by the disruption. This includes, but is not limited to inmate families, defense counsel,

local courts, and the public. For facilities housing pretrial inmates, such notice must also be

made to the local Federal Public Defender Office(s), the local United States District Court(s),

and the local United States Attorney’s Office(s). This information can be transmitted via

telephone, email, or listed on the Institution’s webpage.

Throughout this Program Statement, the term ‘staff’ (member) has been replaced by the term

‘employee.’ For purposes of this Program Statement, the term ‘employee’ is used in black

implementing text and is intended to have the same meaning as the term ‘staff’ used in bold and

blue regulatory text.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2