Central Inmate Monitoring System (PS Only) – BOP Program Statement 5180.05

U.S. Department of Justice

Federal Bureau of Prisons

OPI: CPD
NUMBER: 5180.05
DATE: 12/31/2007
SUBJECT: Central Inmate Monitoring System

1. PURPOSE AND SCOPE §524.70

The Bureau of Prisons monitors and controls the transfer, temporary release (e.g., on writ), and community activities of certain inmates who present special needs for management. Such inmates, known as central inmate monitoring (CIM) cases, require a higher level of review which may include Central Office and/or Regional Office clearance for transfers, temporary releases, or community activities. This monitoring is not to preclude a CIM case from such activities, when the inmate is otherwise eligible, but rather is to provide protection to all concerned and to contribute to the safe and orderly operation of federal institutions.

Detailed instructions and guidelines for implementation of the Central Inmate Monitoring System are contained in the CIM Operations Manual. The CIM manual is designated as “Limited Official Use Only” and shall be maintained in accordance with the Program Statement on Directives Management.

2. PROGRAM OBJECTIVES

The expected results of this program are:

a. Inmates who meet specified criteria will be given Central Inmate Monitoring assignments so that critical decisions about their cases are carefully reviewed.

b. Inmates who have been sentenced and have been classified as Central Inmate Monitoring cases will be notified of that fact, and the basis for it, in writing.

c. The status, identity, and location of Witness Security cases will not be improperly disclosed.

d. The institution environment will be made safer by case management decisions based on accurate information and sound correctional judgment.

e. The public will be protected from undue risk.

3. DIRECTIVES AFFECTED

a. Directives Rescinded

PS 1436.08   Secret Service Liaison and Surveillance (12/02/88)

PS 5180.03   Central Inmate Monitoring System (09/14/90)

b. Directives Referenced

PS 1221.64 – Directives Management Manual (08/20/96)

PS 1315.05 – Legal Activities, Inmate (06/13/94)

PS 1330.13 – Administrative Remedy System for Inmates (12/22/95)

PS 1480.03 – News Media Contacts (10/07/94)

PS 5100.06 – Security Designation and Custody Classification Manual (06/07/96)

PS 5264.06 – Telephone Regulations for Inmates (12/22/95)

PS 5265.09 – Correspondence (01/04/96)

PS 5267.05 – Visiting Regulations (07/21/93)

PS 5270.07 – Inmate Discipline and Special Housing Units (12/29/87)

PS 5280.07 – Furloughs (06/23/95)

PS 5290.07 – Intake Screening (07/20/92)

PS 5290.08 – Admission and Orientation Program (04/20/93)

PS 5321.06 – Unit Management Manual (07/31/96)

PS 5322.09 – Classification and Program Review of Inmates (03/10/94)

PS 5360.06 – Religious Beliefs and Practices of Committed Offenders (08/29/95)

PS 5500.07 – Correctional Services Manual (01/31/95)

PS 5538.03 – Escorted Trips (06/23/95)

PS 5800.07 – Inmate Systems Management Manual (12/24/91)

PS 5800.09 – Inmate Central File, Privacy Folder, and Parole Mini-Files (07/21/93)

PS 5803.05 – Progress Reports (02/11/94)

PS 7331.03 – Pretrial Inmates (11/22/94)

TRM 005.01 – SENTRY General Use Technical Reference Manual (06/01/94)

18 U.S.C. 1961-1968

21 U.S.C. 848

c. Rules cited in this Program Statement are contained in 28 CFR 524.70-76

4. STANDARDS REFERENCED

None.

5. PRETRIAL/HOLDOVER PROCEDURES

Procedures required in this Program Statement are applicable to pretrial and holdover inmates.

6. RESPONSIBILITY §524.71

Authority for actions relative to the CIM system is delegated to the Assistant Director, Correctional Programs Division, to Regional Directors, and to Wardens. The Assistant Director, Correctional Programs Division, and Regional Directors shall assign a person responsible for coordinating CIM activities. The Case Management Coordinator (CMC) shall provide oversight and coordination of CIM activities at the institutional level, and the Community Corrections Manager shall assume these responsibilities for contract facilities.

The Central Inmate Monitoring (CIM) Operations Manual identifies key staff who are to complete CIM certification procedures.

7. CIM ASSIGNMENT CATEGORIES §524.72

Witness Security Cases

Individuals who agree to cooperate with law enforcement, judicial, or correctional authorities, frequently place their lives or safety in jeopardy by being a witness or intended witness against persons or groups involved in illegal activities. Accordingly, procedures have been developed to help ensure the safety of these individuals. There are two types of Witness Security cases: Department of Justice (authorized by the Attorney General under Title V of Public Law 91-452, 84 Stat. 933); and Bureau of Prisons Witness Security cases (authorized by the Assistant Director, Correctional Programs Division).

The vast majority of witness security (WITSEC) cases are those authorized by the Attorney General. Both types of WITSECs are treated similarly while in Bureau custody.

Threats to Government Officials

Inmates who have made threats to government officials or who have been identified, in writing, by the United States Secret Service as requiring special surveillance.

Broad Publicity

Inmates who have received widespread publicity as a result of their criminal activity or notoriety as public figures.

Disruptive Group

Inmates who belong to or are closely affiliated with groups (e.g., prison gangs), which have a history of disrupting operations and security in either state or federal penal (which includes correctional and detention facilities) institutions. This assignment also includes those persons who may require separation from a specific disruptive group.

State Prisoners

Inmates, other than Witness Security cases, who have been accepted into the Bureau of Prisons for service of their state sentences. This assignment includes cooperating state witnesses and regular state boarders.

Separation

Inmates who may not be confined in the same institution (unless the institution has the ability to prevent any physical contact between the separatees) with other specified individuals who are presently housed in federal custody or who may come into federal custody in the future. Factors to consider in classifying an individual to this assignment include, but are not limited to, testimony provided by or about an individual (in open court, to a grand jury, etc.), and whether the inmate has exhibited aggressive or intimidating behavior towards other specific individuals, either in the community or within the institution. This assignment also includes those inmates who have provided authorities with information concerning the unauthorized or illegal activities of others. This assignment may also include inmates from whom there is no identifiable threat, but who are to be separated from others at the request of the Federal Judiciary or U.S. Attorneys.

Special Supervision

Inmates who require special management attention, but who do not ordinarily warrant assignment in paragraphs (a) through (f) of this section. For example, this assignment may include an inmate with a background in law enforcement or an inmate who has been involved in a hostage situation. Others may include those who are members of a terrorist group with a potential for violence.

8. CLASSIFICATION PROCEDURES §524.73

Initial assignment

Except as provided for in paragraphs (a)(1) through (4) of this section, an inmate (including pretrial inmates) may be classified as a CIM case at any time by a Community Corrections Manager or by appropriate staff at the Central Office, Regional Office, or institution. This initial classification is effective upon documentation in the inmate’s record.

Witness Security Cases

Witness Security cases are designated by the Central Office only. An inmate’s participation in the Department of Justice Witness Security Program is voluntary. A commitment interview and an admission and orientation interview are to be conducted with the Witness Security inmate to ensure that the inmate understands the conditions of confinement within the Bureau of Prisons. Central Office classification of an individual as a witness security case, under either the Department of Justice or Bureau of Prisons, does not require additional review, and overrides any other CIM assignment.

State Prisoners

Appropriate staff in the Central Office or Regional Office designate state prisoners accepted into the Bureau of Prisons from state or territorial jurisdictions. All state prisoners while solely in service of the state sentence are automatically included in the CIM system to facilitate designations, transfers, court appearances, and other movements.

Special Supervision

Placement in this assignment may be made only upon the authorization of a Regional Director or the Assistant Director, Correctional Programs Division.

Recommitted Offenders

An inmate who is recommitted to federal custody, who at the time of release was classified as a CIM case, retains this classification pending a review of the CIM status in accordance with paragraph (c) of this section.

Notification

The case manager shall ensure that the affected inmate is notified in writing as promptly as possible of the classification and the basis for it. Witness Security cases will be notified through a commitment interview. The notice of the basis may be limited in the interest of security or safety. For example, in separation cases under §524.72, notice will not include the names of those from whom the inmate must be separated. The inmate shall sign for and receive a copy of the notification form. If the inmate refuses to sign the notification form, staff witnessing the refusal shall indicate this fact on the notification form and then sign the form. Notification is not required for pretrial inmates. Any subsequent modification of a CIM assignment or removal from the CIM system requires separate notification to the inmate.

(28 CFR 524.72 refers to Section 7 of this Program Statement.)

For purposes of this Program Statement, “prompt” has been defined as within 30 days of classification.

Initial Review

A classification may be made at any level to achieve the immediate effect of requiring prior clearance for an inmate’s transfer, temporary release, or participation in community activities. Except for Central Office or Regional Office classification of an individual as a state prisoner in sole service of the state sentence or for classification of pretrial inmates made by designated staff at the institution, a review by designated staff (ordinarily within 60 days of notification to the inmate) is required to determine whether a sound basis exists for the classification. Staff making the initial classification shall forward to the reviewing authority complete information regarding the inmate’s classification. An inmate not notified of a change in the classification by the reviewing authority within 60 days from the date of the initial notification may consider the CIM classification final.

Reviewing authorities for CIM classification are:

  • (1) Central Office Inmate Monitoring Section – reviews classification decisions for all future separation assignments (including recommitments) for Witness Security cases and for any combination of assignments involving Witness Security cases.
  • (2) Regional Office – reviews CIM classification decisions for Disruptive Group, Broad Publicity, Threat to Government Officials, Special Supervision, State Prisoners not in sole service of state sentence and initial multiple assignments except Witness Security cases.
  • (3) Warden, or Designee – reviews CIM classification decisions for all separation assignments.

(Warden refers to Chief Executive Officer and includes Community Corrections Managers.)

Removal

(1) Because participation in the Department of Justice Witness Security Program is voluntary, such participants may request removal from this assignment at any time. Such request shall be forwarded to the Central Office Inmate Monitoring Section. Actual removal of the CIM assignment will not occur until after approval from the Department of Justice is received.

(2) The reviewing authority is responsible for determining if removal or modification of any CIM classification other than a Department of Justice Witness Security case is appropriate. The inmate retains the CIM classification pending a decision by the reviewing authority.

(3) When an inmate is removed for any reason from a CIM classification (for example, because the reviewing authority either disapproves the CIM classification or approves removal of a CIM classification based on new information), the appropriate staff member shall ensure that the relevant portions of the inmate central file are either removed or, when part of a larger document, are amended to clearly reflect removal of the CIM assignment. Staff shall notify the inmate of the decision and document any change in the inmate’s record, and supportive documentation and the written basis for removal are to be retained in the inmate privacy file.

9. ACTIVITIES CLEARANCE §524.74

a. Except as provided for in paragraph (b) of this section, the Warden is the clearance authority on all transfers, temporary releases, community activities, and escorted trips.

b. Witness Security Cases. Central Office Inmate Monitoring Section staff shall be the clearance authority on all transfers, temporary releases, community activities, and escorted trips for Witness Security cases, except in a medical emergency. In a medical emergency, the Warden may transfer a Witness Security case to a local hospital for emergency medical care without prior clearance.

The Inmate Monitoring Section, Central Office (or during non-business hours, the Central Office Duty Officer) is to be notified immediately when a WITSEC inmate receives an emergency escorted medical trip. Central Office clearance must be obtained prior to any extended period of hospitalization.

Institution authorization to proceed will be entered into SENTRY. A permanent record of the authorization is to be maintained in the inmate’s central file, privacy folder.

10. PERIODIC REVIEW §524.75

The Warden shall ensure that the status of an inmate’s CIM assignment is considered at each program review. When staff believe that removal or modification of the CIM classification is appropriate, the institution’s CMC and the appropriate reviewing authority must be notified. Only the reviewing authority shall determine if removal or modification of the CIM classification is appropriate.

11. APPEALS OF CIM CLASSIFICATION §524.76

An inmate may at any time appeal (through the Administrative Remedy Program) the inmate’s classification as a CIM case. Inmates identified as Witness Security cases may choose to address their concerns directly to the Inmate Monitoring Section, Central Office, rather than use the Administrative Remedy Program.

12. OPERATIONS MANUAL

Implementation procedures for CIM cases are contained in the CIM Operations Manual.

13. INSTITUTION SUPPLEMENT

Each Warden shall develop an Institution Supplement that includes local procedures and identifies staff responsible for an institution’s CIM program. A copy of the Institution Supplement shall be forwarded to the respective Regional Office for approval within 120 days from the issuance of this Program Statement. The Institution Supplement shall be marked as “Limited Official Use Only.”

\s\

Kathleen M. Hawk, Director

THE REMAINDER OF THIS PROGRAM STATEMENT HAS BEEN DESIGNATED AS * * * LIMITED OFFICIAL USE ONLY * * * AND CANNOT BE REPRODUCED OR DISTRIBUTED WITHOUT THE CONSENT OF THE CENTRAL INMATE MONITORING SYSTEM ADMINISTRATOR, CENTRAL OFFICE, WASHINGTON, D.C.

SEE PS 1221.64, DIRECTIVES MANAGEMENT MANUAL FOR DETAILS

X