BOP Program Statement 6340.04 § 9

standards and formats for psychiatric evaluations.

a. Intake Screening. Staff performing intake screening will

assess and make appropriate referrals to a mental health

professional when an inmate:

! Has a mental health designation;

! Exhibits signs or symptoms consistent with a possible

mental disorder; or

! Is on medication for treatment of a mental illness or

disorder.

Screening will be of sufficient detail to determine appropriate

housing for the inmate until a thorough mental health evaluation

can be completed.

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b. Outpatient Evaluations. Institutions will have a system in

place by which inmates can be referred to a psychiatrist for a

psychiatric evaluation. At non-PRCs this will generally be

through Health Services or Psychology Services.

Inmates referred for psychiatric evaluation who have not

received a psychological/mental health evaluation within the

previous 30 days, will be seen within 14 days from the date of

referral. Inmates who have received a psychological/mental

health evaluation within the previous 30 days, will be seen in a

timely manner consistent with the inmate’s clinical needs.

! The evaluation will be consistent with ACA standards on

mental health evaluations. Further guidance for the

content and format for psychiatric evaluations will be

provided by the Medical Director.

Inmates with a Mental Health designation who do not need

inpatient treatment or refuse admission to an inpatient unit,

will undergo a complete psychiatric evaluation by either a

psychiatrist or a licensed psychologist.

! The psychiatric evaluation will occur within a

clinically appropriate time frame, not to exceed

14 days from arrival.

! The evaluation will be consistent with ACA standards on

mental health evaluations. Further guidance for the

content and format for psychiatric evaluations will be

provided by the Medical Director.

Some PRCs may designate an area of the Mental Health Unit as a

“Diagnostic and Observation (D and O) Unit.” The D and O unit is

an outpatient unit with clearly established admission, transfer

and discharge criteria, reasonable time frames for completion of

psychiatric evaluations, and length of stays.

! These criteria are subject to the Medical Director’s

approval.

! All psychiatric treatment provided on the D and O Unit,

other than emergency treatment, will be voluntary and

with the inmate’s informed consent.

c. Inpatient Admissions. Inmates will only be admitted to an

inpatient unit after giving informed consent for admission or

under an appropriate court order (see the Program Statements on

Administrative Safeguards for Psychiatric Treatment and

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Medication and Institution Management of Mentally Ill Inmates).

PRCs will develop and implement admission and discharge criteria

approved by the Medical Director.

(1) Voluntary Admissions

! The inmate will be informed of his/her rights

through the use of the Consent to Admission for

Mental Health Treatment (BP-S801) form.

! The informed consent for admission will be in a

language understood by the inmate.

! The completed form will be placed in the inmate’s

health record.

Inmates admitted to an inpatient unit will undergo a

psychiatric evaluation within 24 hours of admission. Either a

psychiatrist or licensed psychologist with admitting privileges

may perform this evaluation. A medical history and physical will

be performed in accordance with local policy.

(2) Involuntary Admissions

! Involuntary inpatient admission or treatment can

occur only with a court order under

18 U.S.C. §§ 4241 - 4247.

! 18 U.S.C. §§ 4241 - 4247 does not apply to un-sentenced Bureau of Immigration and Customs

Enforcement (BICE), formerly the Immigration and

Naturalization Service, detainees, un-sentenced

prisoners in Bureau custody as a result of a court

order, and state or territorial prisoners.

! For those persons not covered by

18 U.S.C. §§ 4241 - 4247, the decision to admit or

treat the person involuntarily must be made

through an administrative hearing in accordance

with Vitek v. Jones, 445 U.S. 480 (1980).

Pursuant to 10 U.S.C. § 876(b), military prisoners who are

incompetent to stand trial or who have been found not guilty by

reason of lack of mental responsibility may be committed to the

custody of the Attorney General and are subject to the procedures

authorized under 18 U.S.C. §§ 4241, 4243, and 4246. Similarly,

under 18 U.S.C. § 4247(j), District of Columbia Code offenders

are subject to commitment procedures specified under

§§ 4245 and 4246.

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d. Psychiatric Evaluation for Correctional Purposes. Inmates

receiving an incident report and who are psychiatric inpatients,

or whose mental status is questionable, will be referred to a

psychiatrist or psychologist for an assessment regarding

competency and responsibility. The mental health clinician will

use the same standards that apply in establishing competency and

responsibility pursuant to 28 CFR 541.10(b)(6) (contained in the

Program Statement on Inmate Discipline and Special Housing

Units).

! It is strongly recommended that PRCs establish separate

Special Housing Units (SHU) for inmates with mental

illnesses or disorders that are physically distinct

from the SHUs used to house general population inmates.

! Non-PRCs are encouraged to identify a specific area in

SHU where inmates suffering from active symptoms of a

mental illness and who require SHU placement can be

housed. These inmates are at increased risk of

behaviors of self-harm or harm towards others. The

area chosen should facilitate frequent observation by

and contact with staff.

! Whenever any inmate is transferred into a SHU, health

care staff will be informed immediately and will

provide assessment and review as indicated by local

protocols established by the local health authority.

! A mental health professional must evaluate inmates

being referred to a control unit. Refer to the Program

Statement on Control Unit Programs for requirements and

the format of the evaluation.