BOP Program Statement 5800.15 Change Notice 1

U.S. Department of Justice

Federal Bureau of Prisons

CHANGE NOTICE

OPI: CPD/CPB

NUMBER: 5800.15, CN-1

DATE: September 23, 2016

Correctional Systems Manual

/s/

Approved: Thomas R. Kane

Acting Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following change to Program Statement 5800.15,

Correctional Systems Manual, dated January 1, 2009. This CN provides guidance pertaining to

the Memorandum of Understanding (MOU) between the Bureau of Prisons (BOP) and the

Department of Homeland Security, Immigration and Customs Enforcement (ICE). The deleted

text (in Section 606) is marked with a highlight. The inserted text is marked in bold.

606. PRE-RELEASE NOTIFICATION

No later than 90 calendar days before the inmate’s release, CS staff will notify the agency that

placed a detainer or notification, usually via a DAL or letter, of the inmate’s projected release

date. The authority that filed a detainer must notify the institution of its intent to take custody

of the inmate. It is the responsibility of the agency placing the detainer to arrange with local

law enforcement authorities when the need for an extradition hearing arises.

If the requesting authority indicates in writing it will not take custody of the inmate, a DAL

will be completed and forwarded, the detainer will be removed, the warrant will be returned,

and the institution may continue with release planning.

The unit team will be notified of the removal of all detainers via DAL. If the detainer is

removed within one month of release, the unit team will be notified of the action without delay

(ordinarily within the same business day).

If the filing authority has indicated it will take custody, but on the day of scheduled release

chooses not to, it is requested that the filing authority provide written documentation of its

intent. (A faxed copy is adequate, however, CS staff must verify the document and file it in the

J&C file.)

If the filing authority cannot provide written documentation, telephonic verification will

be accepted and documented accordingly. In either case, the inmate will be released to the

community provided no other detainer has been lodged against the inmate.

If multiple detainers have been filed, with the exception of federal detainers, custody will be

offered first to the earliest lodged detainer. All jurisdictions that have lodged detainers are to

be notified of the detaining authority taking custody at release to allow those jurisdictions to

re-file their detainer(s) with the agency taking custody of the inmate.

Federal detainers, excluding ICE deportation matters, will take priority over non-Federal detainers.

Normally, ICE will not accept custody of an inmate until all state and Federal criminal

matters have been satisfied.

Immigration Detainers

The following language refers to ALL ICE detainers.

If an inmate has a federal detainer and an immigration detainers on file, custody will be

given to the federal law enforcement agency first. If an inmate has an immigration

detainer and a non-federal detainer on file, ICE will be offered custody first.

CS staff will notify ICE of all inmates who have an immigration detainer at least ninety

(90) days prior to the inmate’s projected release date, or as soon as staff becomes aware of

the detainer. CS staff will send a DAL, release notifications, copies of all federal and non-federal detainers, and pertinent information to the ICE Pacific Response Center (PERC),

via email, at the following email address: bopreleases@ice.dhs.gov.

At the time of notification, ICE will be provided with the inmate's medical and mental

health care level. For inmates identified as Medical Health Care Level 3 or 4, and/or

Mental Health Care Level 3 or 4, a Health Services Exit Summary and/or a Psychology

Services Mental Health Transfer Summary will be provided in an encrypted electronic

copy to the above-mentioned email address. These summaries will include, at a minimum,

a list of medications, any required medical and nursing care and/or treatment, medical

equipment requirements, ability to conduct activities of daily living, and plan of care. The

CMC or SCSS will ensure this information and these documents are submitted to ICE.

Upon request, CS staff will provide ICE's medical staff at the ICE Enforcement and

Removal Operations (ERO) field office with an encrypted electronic copy of the inmate’s

medical record, including the most recent lab work and diagnostic tests (e.g., x-rays, MRI,

CT scan) for any current health problems. The encrypted electronic copy should be sent to

the ICE ERO field office requesting the information.

ICE will notify CS staff 60 days prior to the PRD, or as soon as possible, of its decision to

assume or decline custody of the inmate. If ICE declines custody, CS staff may transfer

custody of the inmate to the law enforcement agency who lodged a detainer, or release the

inmate if no other detainer is on file. If ICE declines to accept custody, the responsible ICE

ERO field office must cancel the detainer by checking the appropriate box on the

applicable detainer and notify CS staff. Once CS staff receives this notification, a DAL

must be completed and sent to ICE in order to remove the immigration detainer.