BOP Program Statement 7310.04 § 10

in the following categories shall not ordinarily participate in

CCC programs:

a. Inmates who are assigned a "Sex Offender" Public Safety

Factor.

b. Inmates who are assigned a "Deportable Alien" Public Safety

Factor.

c. Inmates who require inpatient medical, psychological, or

psychiatric treatment.

PS 7310.04

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d. Inmates who refuse to participate in the Inmate Financial

Responsibility Program.

e. Inmates who refuse to participate, withdraw, are expelled,

or otherwise fail to meet attendance and examination requirements

in a required Drug Abuse Education Course.

f. Inmates with unresolved pending charges, or detainers,

which will likely lead to arrest, conviction, or confinement.

g. Ordinarily, inmates serving sentences of six months or

less.

h. Inmates who refuse to participate in the Institution

Release Preparation Program.

i. Inmates who pose a significant threat to the community.

These are inmates whose current offense or behavioral history

suggests a substantial or continuing threat to the community.

Examples are inmates with repeated, serious institution rule

violations, a history of repetitive violence, escape, or

association with violent or terrorist organizations.

To determine whether an inmate poses a significant threat, a

number of factors must be considered. The key consideration is

public safety when assessing the inmate's proclivity for violence

or escape against their placement needs.

A waiver of the Public Safety Factor is not required for

inmates transferred via unescorted transfer to CCC placements.

Ordinarily, inmates with a single incident of violence should

not automatically be excluded from CCC placement. As noted

earlier, clearly dangerous inmates should be excluded from CCC

placement.

(1) When there exists a basis for significant doubt

regarding whether the inmate currently poses a threat to the

community, the Warden should consider contacting the Chief USPO

in the release district (see the Sample letter (Attachment A)) to

seek guidance on the referral's appropriateness. A copy of this

letter shall be maintained in the Inmate Central File.

(2) When an inmate is excluded under this subsection, a

memorandum, signed by the Warden, shall be prepared and placed in

the Inmate Central File to explain the rationale for exclusion

from CC Programs.

j. Inmates whose admission and release status is pretrial,

holdover, or detainee.

PS 7310.04

12/16/98

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