BOP Program Statement 7331.05 § 1

§551.100 Purpose and scope.

In addition to convicted inmates, the Bureau of Prisons houses persons who have not

been convicted. Procedures and practices required for the care, custody, and control of

such inmates may differ from those established for convicted inmates. Pretrial inmates

will be separated, to the extent practicable, from convicted inmates. Except as specified

by this rule, policies and standards applicable to persons committed to the custody of the

Attorney General or the Bureau of Prisons apply also to pretrial inmates as defined in

§551.101. Section 3 of this Program Statement contains definitions from §551.101.

a. Program Objectives. The expected results of this program are:

 Pretrial inmates will be separated to the extent practicable from convicted inmates. When this

is not practicable, employees will screen and assess pretrial inmates, permitting those who do

not present a risk to the security or orderly running of the institution to have regular contact

with convicted inmates.

 Pretrial inmates will not be required to work (other than housekeeping tasks in their cells or

community living area), unless they waive their right not to work.

 An initial assessment of pretrial inmates will be conducted within 48 hours of admission.

 Pretrial inmates will be offered the opportunity to participate in institution programs and

services as is consistent with safety and the orderly running of the institution.

 The status of pretrial and holdover inmates will be reviewed regularly and each time they

return from court.

b. Summary of Changes.

Policy Rescinded

PS 7331.04 Pretrial Inmates (1/31/2003)

 Struck language regarding excludable non-U.S. citizens.

 Added language regarding the Admission/Release Status for inmates waiting to be picked up

by Immigration and Customs Enforcement (ICE) officials upon completion of their sentence.

 Removed references to specific admission assignments.

 Removed option to permit institutions to devise a form, which documents pretrial

inmates receiving the Admission & Orientation (A & O) and Inmate Rights and

Responsibilities in lieu of using the Bureau of Prisons (Bureau’s) Inmate Information

System generated intake screening form.

 Added language to identify correct keying for U.S. Marshals Service (USMS) pretrial or

holdover inmate death.

 Added language clarifying voting rights status for pretrial inmates.

 Added language to distinguish between inmates pending sentencing and pending

designation and movement.

 Added language to address A & O requirements for pretrial inmates under the Prison

Rape Elimination Act (PREA).

 Added language requiring institutions to develop local procedures for alternate legal access

arrangements after a significant or disruptive event exceeds 24 hours.

 Added language regarding institution notification requirements when significant or disruptive

events results in restrictions to legal access and/or social visiting.

 Corrected Institution Supplement list to include establishing procedures to ensure

psychiatry/psychology employees review study cases to determine an inmate’s competency

to waive right to not work and to ensure the screening of inmates returning from court.

 Added an element to the Institution Supplement contents requiring institutions to develop

notification procedures when a significant or disruptive event results in restrictions to legal

access and/or social visiting.

 Added an element to the Institution Supplement contents requiring institutions to develop

alternate contact procedures for pretrial inmates and attorneys when a significant or

disruptive event results in restrictions to legal access.

 Changed the term ‘staff’ to ‘employee.’ For purposes of this Program Statement, the term

‘employee’ is used in black implementing text and is intended to have the same meaning as

the term ‘staff’ used in bold and blue regulatory text.

INSTITUTION SUPPLEMENT. Required for Wardens at institutions where 100 or more beds

have been allocated to the USMS. Should local facilities make any changes outside the required

changes in the national policy or establish any additional local procedures to implement the

national policy, the local Union may invoke to negotiate procedures or appropriate arrangements.

P7331.05 8/1/2023 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 3