BOP Program Statement 7310.04 § 9

a. Regular Referrals. Staff shall make recommendations for

CCC placements based on assessments of inmate needs for services,

public safety, and the necessity of the Bureau to manage its

inmate population responsibly. CCCs are a program element and

are not to be used as a reward for good institutional behavior,

although an inmate's institutional adjustment may be a factor in

making a referral determination.

A number of factors must be weighed to determine the length of

CCC placement for inmates, including their individual needs and

existing community resources. Ordinarily, inmates with shorter

sentences do not require maximum CCC placement due to reduced

transition needs. Additionally, inmates who are required to

spend a portion of time in a CCC as a condition of release (i.e.

supervised release or court order) do not require an extended

Bureau CCC placement. For example, if the Unit Team determines

the inmate needs a six month CCC placement, but the inmate is

required to stay in a CCC for 90 days as a condition of release,

then the institution shall ordinarily refer the inmate for a 60-

90 day CCC placement.

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Referrals to CCM offices should include a recommendation

regarding the length of stay (range), such as recommending 60 to

90 days or 90 to 120 days, etc. This range of at least 30 days

allows the CCM to match population needs with budgetary and CCC

bed space resources, a process which requires this flexibility.

However, there will be cases when the institution, for various

management reasons, wants the CCM to place the inmate not earlier

than a specific date. Then, the CCC referral form should specify

a recommended placement date rather than a range and further

state that the CCM should not adjust that date. The CCM shall

adhere to the recommended date, with any adjustment only being

downward if budget and/or bed space constraints are a factor.

The following CCC referral guidelines apply:

(1) An inmate may be referred up to 180 days, with

placement beyond 180 days highly unusual, and only possible with

extraordinary justification. In such circumstances, the Warden

shall contact the Regional Director for approval and the Chief

USPO in the inmate's sentencing district to determine whether the

sentencing judge objects to such placement.

(2) The ultimate goal is to maximize each eligible inmate's

chances for successful release and a law-abiding life.

(3) When an inmate has a history of escape or failure in

one or more CC Programs, careful review and consideration should

be given regarding the suitability of participation and the

length of placement.

(4) Inmates with minor medical conditions or disabilities

may also be considered for community placement. Inmates are

required to assume financial responsibility for their health care

while assigned to community programs. Such inmates must provide

sufficient evidence to institution staff of their ability to pay

for health care while at a CCC prior to the referral being made.

When an inmate is unable or unwilling to bear the cost of

necessary health care, the inmate shall be denied placement.

(5) Inmates who have been approved for CCC referral and are

otherwise appropriate for camp placement shall be transferred to

a camp for intermediate placement. The inmate should have

completed the Institution Release Preparation Program at the

parent institution. The parent institution shall complete the

CCC referral packet and the camp should be closer to the inmate’s

release residence. This process should be completed to allow the

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inmate a minimum of a 60 day placement at the camp prior to the

acceptance date at the CCC.

b. MINT Referrals. Female inmates are eligible to enter the

program at the CCC generally during their last two months of

pregnancy. After birth, the mother is allowed three additional

months to bond with the child. The mother shall then be returned

to an institution to complete her sentence. If she is eligible

for prerelease services, she may remain at that facility only if

she is going to be supervised in that judicial district.

The CEO may approve early or extended placements with a

recommendation by the treating obstetrician and Clinical

Director’s concurrence. A placement extending beyond 180 days

requires the Regional Director’s approval. Direct court

commitments shall have a secondary designation noted on the

Inmate Load and Security/Designation form (BP-337). This shall

be used to determine the institution responsible for the inmate's

medical expenses while she is confined in the MINT Program.

Authority to pay immediate post-natal care of the child born to

an inmate while in custody is derived from administrative

discretion when the Bureau finds itself responsible for the cost

by default (no other resources can be compelled to pay). It is

reasonable that the Bureau provides for the child’s medical

expenses for the first three days after routine vaginal birth or

up to seven days for a Cesarean section.

Prior to the birth, the mother must make arrangements for a

custodian to take care of the child. At this time, the CEO shall

ensure the person or agency taking custody of the child is also

asked to be responsibile for medical care costs beyond three days

after birth. (Note: This may be extended by the Regional

Director for an additional seven days for extenuating

circumstances on a case-by-case basis.) The person(s) receiving

custody of the child should sign a Statement of Responsibility

for medical care costs, clearly indicating that the signing party

accepts financial responsibility. Unit Management staff are

responsible for obtaining this statement, and forwarding copies

to the Health Services Administrator (HSA) for placement in the

HSA's outside hospitalization file and to the Controller (see the

Sample Statement of Responsibility (Attachment D)).

Health Services staff shall confirm an inmate's pregnancy and

evaluate her medical condition. Health Services staff shall

indicate whether CCC placement is medically appropriate and

document this on the Medical Evaluation for Transfer of Inmates

to CCC Type Facility (BP-351) which shall be forwarded to the

Unit Team.

When the Unit Team has concerns regarding the appropriateness

of a CCC placement (such as criminal history, severity of current

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offense), procedures will be followed according to Section

10.i.(2), Limitations on Eligibility for All CCC Referrals.

The following CCC referral guidelines apply in addition to the

guidelines provided for regular referrals:

(1) The inmate must be pregnant upon commitment with an

expected delivery date prior to release.

(2) The inmate or guardian must assume financial

responsibility for the child's care, medical and support, while

residing at the CCC. Should the inmate or the guardian be unable

or unwilling to bear the child's financial cost, the inmate may

be transferred back to her parent institution.

(3) An inmate who becomes pregnant while on furlough, or

has more than five years remaining to serve on her sentence(s),

or plans to place her baby up for adoption shall not be referred

for MINT placement.

Referrals to CCMs should state a specific date of placement.

This date should be approximately two months prior to the

inmate's expected delivery date.

The CCC's Terminal Report should fully describe the inmate's

experience in, and reaction to, the MINT Program. It should also

summarize counseling received in the program and include follow-up medical or program recommendations for the institution to

facilitate the inmate's transition.

Inmates in need of foster care placement assistance shall be

referred to the institution social worker, or if the institution

does not have a social worker, staff shall contact a social

worker in the community for foster care placement assistance.