Legal Assistance to Bureau of Prisons Staff – BOP Program Statement 1310.03

U.S. Department of Justice

Federal Bureau of Prisons

Program Statement

OPI: OGC

NUMBER: 1310.03

DATE: 8/28/98

SUBJECT: Legal Assistance to Bureau of Prisons Staff

PURPOSE AND SCOPE

The Bureau of Prisons provides staff with legal assistance necessary to ensure that correctional policies and procedures are consistent with court decisions concerning correctional processes, offenders’ rights, and other such matters.

Bureau of Prisons attorneys are responsible for providing legal, technical, and advisory services to Bureau and Federal Prison Industries staff, including the Director, Assistant Directors, Regional Directors, Chief Executive Officers, Department Heads, Regional Administrators, and other staff as appropriate.

For the purposes of this Program Statement, both Public Health Service employees who are assigned to the Bureau of Prisons and employees of the National Institute of Corrections are considered Bureau of Prisons staff.

PROGRAM OBJECTIVE

The expected result of this program is: Staff will receive needed assistance from Bureau attorneys concerning statutory and court requirements, policy formulation, operational matters, and individual cases relating to the performance of their duties.

DIRECTIVES AFFECTED

Directive Rescinded

PS 1310.02 Legal Assistance to Bureau of Prisons Staff (9/29/94)

Directives Referenced

PS 1400.05 Mandatory Confidential Financial Disclosure (7/21/97)

PS 3420.08 Standards of Employee Conduct (4/23/97)

STANDARDS REFERENCED

American Correctional Association 3rd Edition Standards for Adult Correctional Institutions: 3-4023

American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-1A-20

American Correctional Association Standards for Adult Correctional Boot Camp Programs: 1-ABC-1A-21

American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-1A-28

COURT REPRESENTATION

Representation in court actions is ordinarily provided by the U.S. Attorney in the district where the action is filed, with the assistance of Bureau counsel when needed. Requests for representation are made through Regional or General Counsel; appearances on behalf of individuals as well as the Government are ordinarily made by the U.S. Attorney’s Office.

REQUESTS FOR ASSISTANCE

Bureau of Prisons staff who believe they require legal assistance in the performance of their duties, in administrative matters or in other legal areas may contact the attorneys within their region or the Office of General Counsel, Central Office. Ethics-related questions should be directed to the Ethics Officer, Office of General Counsel, Central Office.

/s/

Kathleen Hawk Sawyer, Director

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