BOP Program Statement 7331.05 § 8

§551.104 Housing.

To the extent practicable, pretrial inmates will be housed separately from convicted

inmates.

a. Security Threat Inmates. A pretrial inmate who presents a risk to the institution’s security

and orderly running will be housed where appropriate security is provided. When

practicable, separation from convicted inmates must be maintained. At each review,

employees must consider whether that inmate is appropriate for placement in less secure

housing (see Section 8 of this Program Statement).

b. Deportable Non-U.S. Citizen Detainee. A deportable non-U.S. citizen detainee who

remains in Bureau custody immediately after completing the term of incarceration does not

need to be housed in a pretrial or special housing unit separate from convicted inmates.

Programming and work, other than housekeeping tasks in the inmate’s cell and in the

community living area, remain voluntary.

c. Bureau Inmate Information System Review. Prior to any housing change, employees

P7331.05 8/1/2023 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 12

must review the Bureau’s Inmate Information System for information regarding possible

separatees and other management concerns and document this review in the inmate’s pretrial

drop file folders.

d. Change In Status. Because pretrial inmates are housed separately to the extent practicable

from inmates who are convicted and awaiting sentence, employees should verify as quickly

as possible the status of a pretrial inmate who is returning from a court appearance and who

had been separated from convicted inmates. When a pretrial inmate is convicted and

awaiting sentencing, the inmate no longer needs to be separated from convicted inmates.

When employees receive official notification a pretrial inmate has pleaded or been found

guilty, the inmate is no longer considered pretrial, and employees must change the admission

assignment from pretrial to unsentenced holdover immediately, pending sentencing. Once

sentenced and the inmate is pending initial designation and movement, Correctional Systems

Employees will update the admission status from unsentenced holdover to holdover. The

inmate will remain in holdover status until received at their designated institution.

Close coordination with other agencies such as the U.S. Attorney’s Office, Clerk of the

Court, U.S. Pretrial and Probation Services, and the USMS is encouraged.

e. Responsibility. The Warden will delegate responsibility for supervising the housing area

for pretrial inmates to a full-time manager or supervisor.