Inmate Classification and Program Review – BOP Program Statement 5322.13

U.S. Department of Justice

Federal Bureau of Prisons

Program Statement

OPI: CPD/CPB

NUMBER: P5322.13

DATE: 5/16/2014

SUBJECT: Inmate Classification and Program Review

RULES EFFECTIVE: 7/24/2006

PURPOSE AND SCOPE

This Program Statement provides policy and procedure for the classification and subsequent review of the security, custody and program needs of inmates who have been designated for service of sentence.

SUMMARY OF CHANGES

Significant changes to this Program Statement include:

• Inmates subject to Sex Offender Registration and Treatment Notification pursuant to Title 18 U.S.C. § 4042(c)) will be notified at initial classification via a copy of the Program Review Report;
• Appendix A (Federal regulations published in the Federal Register, June 23, 2006 [71 FR 26007]) has been corrected;
• References to “SENTRY-generated” Program Review Report and Triennial Progress Report have been deleted.

PROGRAM OBJECTIVES

The expected results of this Program Statement are:

1. All Initial Classification and Program Review decisions will be made by a team of correctional specialists;
2. All departments will have the opportunity to contribute to the classification and program review process;
3. All inmates will have the opportunity to communicate directly with the staff who make classification, custody and program review decisions; and
4. All inmates will be classified within appropriate time frames in accordance with their security, custody, and program needs.

DIRECTIVES AFFECTED

Directive Rescinded

P5322.12 Inmate Classification and Program Review (11/29/06)

Directives Referenced

P1330.18 Administrative Remedy Program (1/6/14)

P5070.10 Responses to Judicial Recommendations and U.S. Attorney Reports (6/30/97)

P5070.12 Forensic and Other Mental Health Evaluations (4/16/08)

P5100.08 Inmate Security Designation and Custody Classification (9/12/06)

P5110.15 Notifications of Release to State and Local Law Enforcement Officials (8/30/00)

P5110.17 Notification Requirements Upon Release of Sex Offenders, Violent Offenders, and Drug Traffickers (5/16/14)

P5111.03 Mariel Cuban Detainees (10/25/99)

P5140.40 Transfer of Offenders To or From Foreign Countries (8/4/11)

P5215.05 Youth Corrections Act (YCA), Inmates and Programs (3/17/99)

P5290.14 Admission and Orientation Program (4/3/03)

P5290.15 Intake Screening (3/30/09)

P5321.07 Unit Management Manual (9/16/99)

P5325.07 Release Preparation Program (12/31/07)

P5350.28 Literacy Program (GED Standard) (12/1/03)

P5380.08 Inmate Financial Responsibility Program (8/15/05)

P5800.11 Inmate Central File, Privacy Folder, and Parole Mini-Files (12/31/97)

P5803.08 Progress Reports (2/27/14)

P7331.04 Pretrial Inmates (1/31/03)

T5802.02 SENTRY General Use Technical Reference Manual (7/10/00)

Rules cited in this Program Statement are contained in 28 CFR 524.10-11 and 551.107 (see Attachment A)

STANDARDS REFERENCED

American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-IE-06, 3-ALDF-4B-01, and 3-ALDF-4B-02

American Correctional Association 4th Edition Standards for Adult Correctional Institutions: 4-4295, 4-4296, 4-4297, 4-4298, 4-4299, 4-4300, 4-4301, 4-4302, and 4-4303

PRETRIAL/HOLDOVER AND/OR DETAINEE PROCEDURES

Procedures for pretrial inmates are specified in the Pretrial Inmate Program Statement. This Program Statement is not applicable to holdover inmates. Additional direction regarding long-term detainees may be found in the Mariel Cuban Detainees Program Statement, which also includes procedures on Mariel Cubans serving federal sentences.

CLASSIFICATION TEAM

At a minimum, each unit team will include the inmate’s assigned Unit Manager or designee, Case Manager, and Correctional Counselor. An Education Advisor and a Psychology Services representative are also ordinarily members of the team.

The Education Advisor is the unit team’s consultant and expert regarding all education, recreation, and vocational training matters. The Education Advisor may be assigned to one or more unit teams and, therefore, may not be able to attend all Initial Classification or Program Review meetings.

While attendance at these meetings is preferred and strongly recommended, a local variance may be granted with the Warden’s written approval.

When not in attendance, the Education Advisor will provide the unit team with a written report of the progress and/or measurable needs of all unit inmates relative to education, recreation, and vocational training matters at each Initial Classification and subsequent Program Review using the Education Progress Report (Attachment B). This written report will be provided to the Unit Manager prior to the team meeting. Education recommendations or requirements should include target time frames for program completion, and measurable assessments during participation in courses.

The Unit Psychologist is not required to serve as a regularly attending unit team member. However, Unit Psychologists are responsible for providing the unit team with written psychological reports for inmates who are scheduled for Initial Classification or Program Review who have regular contact with Psychology Services staff. This written report will be provided to the Unit Manager prior to the team meeting.

Health Services staff will ensure that SENTRY Medical Duty Status (MDS) assignments are accurate and current.

INITIAL CLASSIFICATION AND PROGRAM REVIEWS

There are two types of regularly scheduled unit team meetings, Initial Classification and Program Reviews. The Unit Manager monitors the scheduling of unit team meetings and, therefore, must ensure Case Managers meet Initial Classification and Program Review time requirements.

When practicable, unit staff will hold an Initial Classification or Program Review as scheduled when the inmate is held in the Special Housing Unit. However, any delay should ordinarily not exceed two weeks from the originally scheduled review and the reason for the delay should be documented on the Program Review Report.

Initial Classification

The purpose of Initial Classification is to develop a program plan for the inmate during his/her incarceration. This plan should include work and programming activities which will assist the inmate to develop skills to make a successful transition back into the community.

Initial Classification occurs within 28 calendar days of arrival at the designated institution for each newly committed inmate (new commit, parole, mandatory release and supervision violators) following sentencing or return to custody as a violator.

Former Study and Observation cases should be scheduled for Initial Classification within 28 calendar days of receipt of the Inmate Central File, but no later than 90 calendar days after arrival if no Inmate Central File is available.

Program Reviews

At Program Reviews, progress in recommended programs will be reviewed, and new programs recommended based upon skills the inmate has gained during incarceration. Program Reviews occur at least once every 180 calendar days.

When an inmate is within 12 months of the projected release date, staff will conduct a Program Review at least once every 90 calendar days. When an inmate is re-designated, a Program Review must be held within 28 calendar days of the inmate’s arrival at the new institution.

In some cases, a Program Review date may occur while an inmate is away from the institution, or in the custody of other law enforcement agencies. Then, the unit team must conduct a Program Review meeting within two weeks of the inmate’s return. Otherwise, the inmate’s next Program Review will occur as scheduled.

Unit team members are to review all relevant information before Initial Classification or a Program Review. Additionally, each team member will provide the following specific information at the team meeting:

Unit Manager

Ordinarily, the Unit Manager will chair all Initial Classifications and Program Reviews where CCC referral decisions are considered. Other Program Reviews may be chaired by another staff member. The Unit Manager will monitor the scheduling of an inmate’s appearance before the unit team and all other team actions. The Unit Manager’s or Chairperson’s signature on the Program Review Report indicates that:

• The information contained on the Acknowledgment of Inmate forms (BP-407 and 408) is correct, complete, and filed in Section 3 of the Inmate Central File;
• The Judgment(s) in a Criminal Case and the Statement of Reasons were reviewed to ensure any judicial recommendations requiring unit team actions are addressed;
• The inmate’s trust fund record is obtained for all Program Reviews (data will include deposit, balance, and purchase activity from the prior Initial Classification or Program Review to the present team meeting);
• The Program Review Report (replaces the BP-571) is signed, certifying that all required team members are present and that the Program Review Report is current and accurate; and
• All SENTRY data is current, accurate and complete, including:
  • Assignments in the work, drug, religion, Inmate Financial Responsibility Program, Victim Witness Program categories, and all case management activity (CMA) assignments;
  • Identifying data and numbers;
  • Sentence related transactions;
  • Security Designation Data, CMC Clearance and Separatee Data, and Custody Classification forms; and
  • Chronological Disciplinary Record (as compared with incident report(s) and associated hearing).

Case Manager

The Case Manager schedules the inmate’s appearance before the unit team, and provides a verbal summary of the inmate’s:

• Current offense;
• Prior record;
• Social situation;
• Security/custody classification;
• Central Inmate Monitoring System (CIM) concerns;
• Financial Responsibility Program obligations; and
• Release Preparation Program participation, and special programming considerations (Drug Abuse Program, Mental Health Program, etc.).

Correctional Counselor

The Correctional Counselor provides a verbal summary of the inmate’s:

• Work performance;
• Participation in individual or group counseling;
• General adjustment;
• Living quarters sanitation;
• The Correctional Counselor also contacts Health Services staff, when necessary, to ensure SENTRY MDS assignments are current and accurate; and
• When the Education Advisor is unable to attend a unit team meeting, the Correctional Counselor provides a summary of the inmate’s education test results, recommended educational program needs, and progress toward completion of education and other applicable release readiness programs, using Attachment B, provided by the Education Advisor.

A team docket will be prepared for each unit team meeting (Initial Classification or Program Review), listing the name and register number of each inmate scheduled for appearance and the date and time of the meeting.

Dockets will be posted conspicuously in the unit at least 48 hours prior to the meeting (or inmates must be otherwise notified by staff at least 48 hours prior if they do not have access to such posting). The inmate may waive the 48-hour notice in writing.

The inmate’s attendance at Initial Classification or Program Review is expected. Ordinarily, if the team meeting is properly scheduled and the inmate fails to appear, disciplinary action will be taken. If the inmate refuses to appear, staff will document on the Program Review Report the inmate’s refusal, and if known, the reason. A copy of the Program Review Report will be forwarded to the inmate.

Program Review Report

Staff must complete a Program Review Report at the inmate’s Initial Classification and all subsequent Program Reviews. This report ordinarily includes information on the inmate’s needs and offers a correctional program designed to meet those needs. All correctional programs will be stated in measurable terms, establishing time limits, performance levels, and specific, expected program accomplishments.

Note: On the Program Review Report, in the Section “GOALS FOR NEXT PROGRAM REVIEW MEETING” no dates are necessary as it is clear the time limit is by the next Program Review. Under “LONG TERM GOALS” a target date should be established and monitored at each Program Review for adjustment if necessary.

Example A: GOALS FOR NEXT PROGRAM REVIEW MEETING: Recommend enrollment in Anger Management counseling group. Enroll in General Equivalency Diploma (GED) program.

Example B: LONG TERM GOALS: Complete GED by MM/YY. Enroll in Release Preparation Program (list specific course) by MM/YY.

Inmates who are classified as CIM cases will be reviewed and that review documented on the Program Review Report. This notation will indicate whether the CIM assignment is appropriate or whether declassification procedures will be initiated.

Work Assignments and Notifications

At Initial Classification, a sentenced inmate is assigned to a work detail if cleared for duty by Health Services staff. The unit team must consider the inmate’s financial responsibilities and obligations when considering a work assignment.

At Initial Classification, staff must notify, in writing, newly designated inmates, who meet the applicability criteria of Title 18 U.S.C. § 4042(b) and/or (c), that they are subject to notification and/or registration.

VCCLEA Notification (Title 18 U.S.C. § 4042(b))

Inmates subject to VCCLEA notification pursuant to Title 18 U.S.C. § 4042(b):

• Will be notified via a copy of the Program Review Report; and
• A copy of the Program Review Report with the notification statement will be filed in Section 5 (Release Processing) of the Inmate Central File.

Sex Offender Registration and Treatment Notification (Title 18 U.S.C. § 4042(c))

Inmates subject to Sex Offender Registration and Treatment Notification pursuant to Title 18 U.S.C. § 4042(c)):

• Will be notified at initial classification via a copy of the Program Review Report;
• Will be renotified at the last program review prior to release via a copy of the Sex Offender Registration and Treatment Notification form (BP-A0648); and
• The original Sex Offender Registration and Treatment Notification form (BP-A0648) will be filed in Section 5 (Release Processing) of the Inmate Central File.

The Program Review Report will document the inmate’s Release Preparation Program CMA assignments and staff will identify specific courses recommended and/or courses that the inmate is currently enrolled in. Staff should refer to the Program Statement Release Preparation Program for further instruction.

Inmate Copy of Program Review Report

The inmate is to be provided with, and must sign for, a copy of the Program Review Report. If the inmate refuses to sign for a copy of this report, staff witnessing the refusal will place a signed statement to that effect on the report.

The Program Review Report is to be filed in Section 2 of the Inmate Central File. Signatures and unit team actions will be maintained on the Program Review Report since duplication is not required on the Inmate Activity Log and the team docket. The previous six Program Review Reports must be maintained.

EFFECT OF A DETAINER ON AN INMATE’S PROGRAM

The existence of a detainer, by itself, ordinarily does not affect the inmate’s program participation. An exception may occur where the program is contingent on a specific issue (for example, custody) which is affected by the detainer.

UNSCHEDULED REVIEWS

Institution staff may schedule an inmate for a Program Review more frequently than regularly scheduled. Upon request of either the inmate or staff, and with the concurrence of the Unit Manager, an ad hoc Program Review may be held. The inmate must be notified by staff at least 48 hours prior to an ad hoc Program Review. The inmate may waive the 48-hour notice in writing.

APPEALS PROCEDURE

An inmate may appeal, through the Administrative Remedy Program, a decision made at Initial Classification or at a Program Review.

TRAINING RESPONSIBILITIES

The Case Management Coordinator and Unit Manager will ensure that Case Managers and Correctional Counselors are familiarized with this Program Statement’s requirements during the on the job training periods which are required for these positions.

/s/

Charles E. Samuels, Jr., Director

Attachment A. Code of Federal Regulations on Classification of Inmates

§524.10 Purpose

The purpose of this subpart is to explain the Bureau of Prisons (Bureau) process for classifying newly committed inmates and conducting program reviews for all inmates except:

1. Pretrial inmates, covered in 28 CFR part 551; and
2. Inmates committed for study and observation.

§524.11 Process for Classification and Program Reviews

When

• Newly committed inmates will be classified within 28 calendar days of arrival at the institution designated for service of sentence.
• Inmates will receive a program review at least once every 180 calendar days. When an inmate is within twelve months of the projected release date, staff will conduct a program review at least once every 90 calendar days.

Inmate Appearance Before Classification Team

• Inmates will be notified at least 48 hours before that inmate’s scheduled appearance before the classification team (whether for the initial classification or later program reviews).
• Inmates may submit a written waiver of the 48-hour notice requirement.
• The inmate is expected to attend the initial classification and all later program reviews. If the inmate refuses to appear at a scheduled meeting, staff must document on the Program Review Report the inmate’s refusal and, if known, the reasons for refusal, and give a copy of this report to the inmate.

Program Review Report

Staff must complete a Program Review Report at the inmate’s initial classification. This report ordinarily includes information on the inmate’s apparent needs and offers a correctional program designed to meet those needs. The Unit Manager and the inmate must sign the Program Review Report, and a copy must be given to the inmate.

Work Programs

Each sentenced inmate who is physically and mentally able is assigned to a program at initial classification. The inmate must participate in this work assignment and any other program required by Bureau policy, court order, or statute. The inmate may choose not to participate in other voluntary programs.

Attachment B. Education Progress Report

To: _____________, Unit Manager

Prepared by: _____________

Education Advisor: _____________

Inmate Name: ______________________

Register Number: ______________________

Date: ______________________

Initial Classification Information

GED/High School: Completed (YES/NO)

Year or Highest Grade Completed: ______________________

ESL: Completed (YES/NO)

Date of Education Interview: ______________________

Recommendations/Comments (Please include information regarding recommended classes and target enrollment date):

______________________________________________________________________

_____________________________________________________________________
______________________________________________________________________

Program Review Information

Class: ______________________

Instructor: ______________________

Performance: ______________________

Attendance: ______________________

Target Completion Date: ______________________

Hours Completed: ______________________

Progress: Satisfactory/Unsatisfactory

Class: ______________________

Instructor: ______________________

Performance: ______________________

Attendance: ______________________

Target Completion Date: ______________________

Hours Completed: ______________________

Progress: Satisfactory/Unsatisfactory

Recommendations/Comments (Please include information regarding recommended classes and target enrollment date):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Published Feb 8, 2025 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Feb 22, 2025 at 5:45 pm