BOP Program Statement 5405.01 § 5

During initial and subsequent program reviews Unit Management team reviews completed

programs and provides program recommendations based upon remaining criminogenic needs and

recidivism risk score. Details of all approved programs are maintained in the FSA Approved

Programs Guide.

Existing programs are regularly reassessed for necessary changes and continued inclusion, and

newly submitted programs are reviewed monthly by a multidisciplinary FSA Program Review

Committee. The committee considers the evidence base for recidivism reduction, program

relevance, resource requirements, and existing gaps in programming when determining whether

to accept a new program for inclusion in the FSA Approved Programs Guide.

a. Recommendations. Department programming recommendations, progress, or concerns are

recorded in the Insight Feedback application for review during initial classification and inmate

program review meetings. If there is uncertainty about program recommendations in a specific

need area, consultation occurs between the Unit Management team, the inmate, and the relevant

department. This collaborative approach ensures the inmate’s criminogenic needs are addressed

and recommended programs are appropriate.

Program availability for inmates will vary by institution based on various factors such as

5405.01 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5

institution population, staffing levels, and programming space. The program manager/facilitator

must weigh several factors when prioritizing EBRR program placement, including FSA

conditional placement dates, projected release dates, length of time on the wait list, and those

with high or medium risk of recidivism.

Inmates are only required to participate in one program that addresses one or more of their needs

at any given time with exception of a program that may be required under an alternative program

statement (e.g., GED or Drug Education.) Staff will not require an inmate to participate in a

second program, nor should they be marked as “decline,” if they are already actively engaged in

a program that meets one or more of their identified needs and cannot commit to another

program at that time. When reviewing wait rosters, staff must check each inmate’s current

programming to determine whether a conflict exists. Staff will consult with the inmate to decide

whether they want to continue with enrollment in the new program or remain on the waitlist until

they complete the program they are currently engaged in. If the inmate chooses to finish their

current program, they will be allowed to do so while staying on the waitlist for the other

program. The inmate should then be considered for the next available opportunity to participate

in the program for which they remained on the waitlist.

b. Registering. Inmates are responsible for contacting relevant departments to inform them of

their interest in participating in recommended programs. Departments will review requests and

follow program-specific criteria for registering inmates for desired programs. The department

responsible for the program must utilize the Insight Feedback application to provide a relevant

explanation as to why the inmate did not meet the specific program requirements at the time of

their request. The same department should suggest alternative programming to address

identified criminogenic needs.

c. Accommodations. Inmates with documented disabilities may require more time or

additional accommodations to complete an EBRR program or PA. The Program Statement

Management of Inmates with Disabilities provides guidance on developing local

accommodations. Ordinarily, an incomplete assignment is more appropriate than a program

failure assignment when cognitive or physical disabilities negatively impact the inmate’s ability

to complete a recommended EBRR program or PA. This determination should be made on a case-by-case basis, at the discretion of the program manager or facilitator and documented in the Insight

Feedback application.

d. Negative Outcomes. Declining to participate in recommended programming to address one

or more needs, or failure to successfully complete the program, may result in an inability to

obtain incentives outlined below and FTCs in accordance with the Program Statement First

Step Act of 2018 - Time Credits: Procedures for Implementation of 18 U.S.C. §

3632(d)(4).

5405.01 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 6