BOP Program Statement 7331.05 § 3

Normally, pretrial inmates are housed in administrative institutions including Metropolitan

Detention Centers (MDCs), Federal Detention Centers (FDCs), and Metropolitan Correctional

Centers (MCCs). These institutions may also house convicted inmates awaiting sentencing or

movement to designated institutions, or sentenced inmates who require further court

appearances.

Other institutions also house pretrial inmates. These institutions may house pretrial inmates in

specific units within the main facility or in jail units located in satellite buildings separate from

the main facility.

Title 18 U.S.C. § 3142(i)(2) states that pretrial inmates are to be separated, “to the extent

practicable, from persons awaiting or serving sentences or being held in custody pending

appeal.” Practicable is dependent on the institution’s design, structure, and operation. When it is

not practicable to keep pretrial inmates separate, after intake screening and assessment,

employees may permit, based upon sound correctional judgment, pretrial inmates who do not

present a risk to the institution’s security or orderly running, to have regular contact with

convicted inmates.

Pretrial inmates may not be compelled to work other than to perform housekeeping tasks in their

cells and in the community living area. Pretrial inmates will be given the opportunity to waive

their right not to work in order to participate in institution work programs (see Section 5.i of this

Program Statement).

Pretrial inmates identified by management as inappropriate for housing with convicted inmates

will be housed separately, to the extent practicable, in the least restrictive housing necessary,

consistent with security needs and following sound correctional judgment.

Additionally, pretrial inmates are U.S. Marshals Service (USMS) prisoners. A Memorandum of

Understanding (MOU) exists between the Bureau and the USMS. Based on the MOU, a

procedural memorandum established a fixed number of beds for the USMS at specific Bureau

institutions. The USMS is also responsible for operating the Justice Prisoner and Alien

Transportation System (JPATS). As such, any inmate who meets the definition of the various

types of pretrial inmates as outlined in Section 3 of this Program Statement may occupy USMS

beds; however, rules language (Title 28 CFR, Section 551.100-120) applies only to inmates

defined as pretrial inmates.

P7331.05 8/1/2023 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5