Justice Manual § 9-21.600

Non-Program Cooperating Prisoners (not in, or to be placed in, the Witness Security Program). The prosecutor handling a case, whether an Assistant United States Attorney or a Division attorney, will be responsible for notifying the BOP regional office that has jurisdiction over the area in which a Federal prisoner is incarcerated and the warden of the institution in which the prisoner is incarcerated of the prisoner's cooperation with the government, and the names/descriptions of other prisoners from whom that person should be separated. If the prisoner is in state or local custody, notification should be made to the highest level official possible of the facility in which the prisoner is incarcerated, and, if it is a Federal prisoner in local custody, the United States Marshals Service and the Bureau of Prisons Community Corrections Manager in the prisoner's sentencing district. The prosecutor must provide BOP the following information:

Name of offender;

Date of birth;

Race and Sex;

Whether State or Federal prisoner (if State, indicate whether reimbursable or non-reimbursable);

Current offense;

Current sentence (and judge's name);

FBI rap sheet;

Outstanding warrants or detainers;

Names of all those from whom witness should be separated, biographical data, FBI numbers, and current locations;

Pre-sentence investigation and/or prison classification material;

Judgment and Commitment papers; and

Bail bond status.

Witness Security Program Prisoner-Witnesses. As soon as the prisoner begins cooperating, if the prisoner is in BOP custody, the prosecutor or investigative agency will be responsible for notifying officials at the institution in which the witness is incarcerated of his/her security needs, to ensure that appropriate security precautions are taken prior to possible acceptance in the Program. This information should include the names of individuals and groups from which the prisoner should be separated and the level of danger to the witness. Any special requirements, such as being transported alone, should be communicated also. If the prisioner is in state or local custody, the prosecutor or investigative agency is responsible for making appropriate arrangements for the prisoner's security by contacting the highest level official at the institution in which the prisoner is incarcerated, and providing the information described above. If the prisoner is a Federal prisoner in local custody, the United States Marshals Service and the Bureau of Prisons Community Corrections Manager in the prisioner's sentencing district should be advised as well. Once the Program application is submitted, OEO will notify BOP of the application, so that, if the prisoner is in BOP's custody, whatever additional security measures are necessary can be taken. OEO will consult with the prosecutor concerning whether the prisoner should be placed in administrative detention for security reasons, whether there is any objection to arranging the Program polygraph examination immediately, and whether there is any objection to arranging BOP's precommitment interview (similar to the USMS's preliminary interview).

BOP has advised that because of the extraordinary difficulty in determining the appropriate institution for the safe housing of a prisoner-witness, it is imperative that they be furnished the name, alias, DOB, FBI#, race, sex, ethnic origin, offense/charge and any other pertinent factors, such as state of appeal, fugitive escape, non-incarcerated, etc., on all persons who have been identified as posing a threat to the witness.

Compliance in providing this information is essential, regardless of whether the prisoner will be housed in a Protective Custody Unit (PCU) or in the general population of a Federal institution, as it will enable BOP to adequately monitor the separation needs of protected prisoner-witnesses.

The information must be provided to BOP at the time witness security is being requested for a prisoner-witness in accordance with the other provisions of this Chapter.

Requests to house prisoner-witnesses in a PCU must be directed to, and approved by, OEO.

Any in-person interviews of a prisoner-witness by prosecutors or agents must take place at the prisoner's designated institution, and must be arranged through OEO. Requests should be made at least five (5) working days in advance, and must include the purpose, date, and estimated duration of the interview, and name of contact person (if other than the requestor), as well as the name of each person (noting USAO/agency) to attend the interview. Some PCUs may be able to accommodate video teleconferencing in lieu of an in-person interview, if the prosecutor or agent so desires.