BOP Program Statement 7331.05 § 4

§551.101 Definitions.

a. Pretrial inmate. For purpose of this rule, “pretrial inmate” means a person who is

legally detained but for whom the Bureau of Prisons has not received notification of

conviction. Thus, “pretrial inmate” ordinarily includes a person awaiting trial, being

tried, or awaiting a verdict.

The term “pretrial inmate” also includes a person awaiting sentencing after having pled or

been found guilty, but the Bureau has not received official notification of conviction. See

Section 7.d. of this Program Statement for procedures regarding notification of conviction.

(1) Civil contempt, deportable aliens, or material witnesses. For purpose of this

rule, an inmate committed for civil contempt, or as a deportable alien, or as a

material witness is considered a pretrial inmate.

Deportable non-U.S. citizen detainees housed in Bureau detention institutions, e.g.,

FDCs, MDCs, jail units, and contract detention facilities, are considered pretrial inmates.

Some Bureau institutions provide beds for the U.S. Immigration and Customs

Enforcement (ICE) to house detainees. These detainees are given an admission

assignment indicating their detainee status. While these detainees are also considered

pretrial, they are not the USMS’ responsibility.

However, deportable non-U.S. citizen detainees who are in Bureau custody immediately

following completion of their term of incarceration and pending removal by ICE are

assigned an admission assignment reflective of their pending removal status. See Section

7.b of this Program Statement for housing separation guidelines.

For additional information regarding specific admission assignments, please see the

Correctional Systems page on the Bureau’s intranet.

(2) Mental evaluation or treatment. An inmate committed under Title 18 U.S.C.

Sections 4241(b) and (d), 4242(a), or 4243(b) is considered to be a pretrial inmate,

whereas commitments under Sections 4243(e), 4244, 4245 or 4246 are treated as

convicted inmates.

(3) Concurrent federal and state sentences. For purpose of this rule, an inmate in a

status described in paragraph (a) introductory text, (a)(1), or (a)(2) of this section

P7331.05 8/1/2023 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 6

and who is at the same time serving a state or federal sentence is not considered a

pretrial inmate.

b. Convicted inmate. For purposes of this rule, an individual a court has found guilty of

an offense punishable by law.

The term “convicted” refers to an inmate’s current admission status. An inmate who has

completed service of any and all sentences imposed by a court but remains in custody is no

longer considered a convicted inmate.

c. Holdover. A holdover is defined as an inmate en route to a designated institution. Holdover

inmates are considered USMS prisoners and occupy beds allocated to the USMS at Bureau

institutions. However, because they are convicted, they are not subject to the rules language

for pretrial inmates (Title 28 CFR, Section 551.100-120).

There are two separate admission assignments to distinguish between types of USMS

holdover inmates. For additional information regarding specific admission assignments, see

the Correctional Systems page on the Bureau’s intranet.

 Unsentenced holdover inmates are inmates who have been convicted, but not yet

sentenced, and

 Holdover inmates are inmates who have either:

o Been sentenced, but not designated, or

o Designated, but not received at their initially designated facility.

Note: For the purpose of programming activities, inmates who are un-sentenced holdovers

will be managed similarly to pretrial inmates.

In contrast to USMS holdovers, Bureau holdover inmates are Bureau inmates who are

transferring from one Bureau institution to another.