BOP Program Statement 5394.01 § 13

■ American Correctional Association Standards for Adult Correctional Institutions, 4th

Edition: 4-4281-4, 4-4371M.

■ American Correctional Association Performance Based Standards for Adult Local Detention

Facilities, 4th Edition: 4-ALDF-4D-22-3, 4-ALDF-4C-30M.

REFERENCES

Program Statements

P1315.07 Legal Activities, Inmate (11/5/1999)

P1330.18 Administrative Remedy Program (1/6/2014)

P5100.08 Inmate Security Designation and Custody Classification (9/12/2006)

P5251.06 Inmate Work and Performance Pay (10/1/2008)

P5265.14 Correspondence (4/5/2011)

P5266.11 Incoming Publications (11/9/2011)

P5267.08 Visiting Regulations (5/11/2006)

P5270.09 Inmate Discipline Program (7/8/2011)

P5270.10 Special Housing Units (7/29/2011)

P5300.21 Education, Training and Leisure Program Standards (2/18/2002)

P5580.08 Inmate Personal Property (8/22/2011)

P5800.16 Mail Management Manual (4/5/2011)

P5360.09 Religious Beliefs and Practices (6/12/2015)

P6031.04 Patient Care (6/3/2014)

Other Standards

■ American Psychological Association (APA) Ethical Principles of the Psychologists and Code

of Conduct (6/1/2010).

■ Association for the Treatment of Sexual Abusers (ATSA): Practice Standards and Guidelines

(2014) and Professional Code of Ethics (2004).

■ Prison Rape Elimination Act, Prisons and Jail Standards, 28 C.F.R. Part 115.41.

Federal Regulations

Federal Regulations in this Program Statement are found in 28 CFR § 549.90-95.

BOP Forms

BP-A1044 Notice of Psychological Evaluation

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Records Retention Requirements

Requirements and retention guidance for records and information that apply to this program are

available in the Records and Information Disposition Schedule (RIDS) on Sallyport.

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Attachment A. SENTRY CMA Assignments Entered by DSCC and Institution Staff

Inmates who qualify for review under the Adam Walsh Act (see Section 1) have one of the

following Walsh Act CMA assignments applied by the DSCC classification or institution staff:

■ WA NO HIST: NO WALSH ACT OFFENSE HISTORY

This assignment is applied when there is no evidence of a criminal sexual offense (i.e., arrest,

charge, or conviction) in the inmate’s criminal history.

■ WA NO CONV: WALSH ACT HIST – NO CONVICTION

This assignment is applied when there is evidence of a criminal sexual offense (e.g., arrest or

charge) that did not result in a conviction (e.g., allegations only, dismissed charge, nolle

prossed, or acquittal).

■ WA W CONV: WALSH ACT HIST – WITH CONVICTION

This assignment is applied when there is evidence of a criminal sexual offense that resulted

in a conviction. What is of relevance is the offense conduct, not the actual conviction. In

other words, a “non-sexual” conviction resulting from a plea agreement (e.g., an offender

who pleads guilty to an assault but committed rape, or a burglary conviction that involved a

sexual assault) would be captured under this assignment.

Inmates with a qualifying Walsh Act CMA assignment (WA W CONV or WA NO CONV) have

the following Walsh Act CMA assignment added when the inmate is at 18 months from release,

or immediately, for cases with less than 18 months to serve:

■ WA REFER: REFERRED TO CERT REVIEW PANEL

The inmate has been referred to the SOCRB for certification review.

Walsh Act - CMA Assignments Entered by the Bureau’s Sex Offender Certification Review

Branch

The Sex Offender Certification Review Branch will review and apply one of the following

assignments for inmates with WA REFER:

■ WA NOT CER: WALSH ACT – NOT CERTIFIED

This assignment is entered when an inmate is not certified as a sexually dangerous person

and has been approved for release.

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■ WA TRANSFR: WALSH ACT – REQUIRES TRANSFER

This assignment is entered when an inmate is transferred for certification review purposes.

■ WA PRE-CRT: WALSH ACT – NEEDS PRECERT EVAL

The inmate has been referred for a precertification evaluation and is awaiting the final

decision by the Certification Review Panel.

■ WA CERTIFIED: WALSH ACT – CIV COMT CERTIFIED

The U.S. Attorney’s Office has filed an official certification petition with the Clerk of the

Court, and the inmate has been certified as a “Sexually Dangerous Person.”

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