BOP Program Statement 5875.13 § 2

§ 527.31 Procedures.

(a) These procedures apply to state and federal inmates serving sentences in

federal institutions, and shall be followed prior to an inmate’s transfer to state or

local agents other than through the Interstate Agreement on Detainers.

A state or local law enforcement agency may, with the Warden’s approval, obtain an inmate by

means of a writ of habeas corpus ad prosequendum without filing a detainer. Writs from Tribal

Courts are treated in the same manner as writs from a state or local court. Writs from the District

of Columbia Superior Court (civil and criminal) are treated in the same manner as Federal writs

(per the All Writs Act, Title 28 U.S.C. § 1651).

The state is bound by the IAD’s provisions only when a detainer has been filed. If there is no

detainer on file from the jurisdiction where the prisoner is being requested under a writ, but one or

more detainers are on file from other jurisdictions in the same state, then the IAD’s provisions

apply.

Pending arrival at a designated institution, the inmate may be removed via state writ, but not

under the IAD. Refer questionable cases to Regional Counsel.

(b) The Warden shall authorize transfer only when satisfied that the inmate’s

appearance is necessary, that state and local arrangements are satisfactory, that

the safety or other interests of the inmate (such as an imminent parole hearing)

are not seriously jeopardized, and that federal interests, which include those of

the public, will not be interfered with, or harmed. Authorization may not be given

where substantial concern exists over any of these considerations.

The Warden personally reviews and makes a decision on any production request, civil or

criminal, taking particular care with inmates who have either IN or MAXIMUM custody. This

authority may not be delegated below the level of Acting Warden.

The Warden notifies state authorities of any security concerns about a particular inmate regardless

of the inmate’s custody level. The Warden must receive the state authorities’ written agreement

that they will provide the same level of security (number of escorts, restraints, etc.) Bureau policy

requires. See the Program Statement Escorted Trips for more information. Failure of state

authorities to agree to these requirements is grounds for denying the request.

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When the inmate is a serious custody risk, or when the state refuses to or cannot abide by this PS’s

requirements, these cases are referred first to Regional Counsel for approval. A decision to the

transfer to state agents may be refused in favor of production by the U.S. Marshals Service

(USMS).

(c) The request for transfer of custody to state agents shall be made by the

prosecutor or other authority who acts on behalf of the court and shall be directed

to the Warden of the institution in which the inmate is confined. The request shall

be made by letter. The request shall indicate the need for appearance of the

inmate, name of the court, nature of the action, date of the requested appearance,

name and phone number of the state agency or other organization with

responsibility for transporting the inmate, the name and location where the inmate

will be confined during legal proceedings, and anticipated date of return. For civil

cases, the request shall also indicate the reason that production on writ is

necessary and some other alternative is not available. The applying authority

shall provide either at the time of application or with the agent assuming custody,

a statement signed by an authorized official that state or local officials with

custody will provide for the safekeeping, custody, and care of the inmate, will

assume full responsibility for that custody, and will return the inmate to Bureau of

Prisons’ custody promptly on conclusion of the inmate’s appearance in the state

or local proceedings for which the writ is issued.

Prosecutors are encouraged to use the IAD/State Writ – Prosecutor’s Certification (BP-A0565)

when requesting custody of an inmate, as it contains all information necessary for transfer.

However, if the writ, or letter accompanying the writ, contains all required information, it may be

accepted after appropriate verification is made.

If the request for transfer of custody to state agents concerns a Witness Security inmate, forward it

to the Inmate Monitoring Section, Central Office.

(d) A certified copy of the writ (one with the Seal of the Court) must be received

at the institution prior to release of the inmate. Institution staff shall verify the

authenticity of the writ.

Verification is obtained by telephoning the Clerk of the Court that issued the writ.

Verification is noted on the writ to include:

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■ Name of verifying court official.

■ His/her title.

■ Phone number.

■ Bureau staff member’s name and title.

■ Date.

The Court’s seal may be electronic or manual.

(e) Institution staff shall maintain contact with the state or local law enforcement

agency with responsibility for transfer of the inmate to determine the exact date

and time for transfer of custody. If the inmate is awaiting federal trial or has

federal civil proceedings pending, staff must clear the transfer through the U.S.

Attorney.

(f) Institution staff shall determine from the state or local agency the names of

the agents assuming custody. Staff must carefully examine the credentials of the

agents assuming custody. In any doubtful case, verification should be sought.

Verification is obtained by phoning the state agency. When a private carrier or contractor is

transporting the inmate for the state, institution staff may request in advance the names of

individuals who will assume custody.

(g) Transfers in civil cases pursuant to a writ of habeas corpus ad testificandum

must be cleared through both the Regional Counsel and the Warden. Transfer

ordinarily shall be recommended only if the case is substantial, where testimony

cannot be obtained through alternative means such as depositions or

interrogatories, and where security arrangements permit. Postponement of the

production until after the inmate’s release from federal custody will always be

considered, particularly if release is within twelve months.

The Warden must obtain Regional Counsel’s clearance before releasing an inmate on a state civil

writ. It is recommended that Regional Counsel be used for all contacts and discussions with

attorneys or court officials, or with respect to legal considerations affecting the production

decision. There is no presumption that an inmate must be released in state civil cases.

Regional Counsel, before notifying the Warden that the release is recommended, consults with

the U.S. Attorney from the district in which the inmate was prosecuted to ensure there are no

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facts about the inmate, bearing on the decision to authorize transfer, which are not known to

Bureau staff.

(h) Release of inmates classified as Central Inmate Monitoring Cases requires

review with and/or coordination by appropriate authorities in accordance with the

provisions of 28 CFR part 524, subpart F.

28 CFR part 524, subpart F, refers to the Program Statement Central Inmate Monitoring

System.