Escorted Trips (Program Statement 5538.09)

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Field	Value
Program Statement	5538.09
Subject	Escorted Trips
Effective / current edition	09-03-2026
Change notices	None. BOP’s published policy list carries 5538.09 (September 3, 2026) with no change notice.
Supersedes	PS 5538.08, Escorted Trips (4/8/2024), rescinded — PS 5538.09 at p. 1
Governing statute	18 U.S.C. § 3622, Temporary release of a prisoner. The Bureau’s general placement authority is 18 U.S.C. § 3621(b).
28 C.F.R. anchor	Part 570, subpart D, §§ 570.40–570.45 — “Escorted Trips,” inside part 570, “Community Programs.” Subpart A is [Reserved]; subpart B is Pre-Release Community Confinement; subpart C is Furloughs (§§ 570.30–570.38).
Related BP forms	BP-A0502 Escorted Trip Authorization · BP-A0938 Conditions of Escorted Trip · BP-A0939 Escort Instructions · BP-199 Request for Withdrawal of Inmate’s Personal Funds · BP-A0821 Transfer Receipt · BP-A0599 and BP-A0600 (Electronic Custody Control Belt) · BP-E583 and BP-E586 (use-of-force reporting)
Official PDF	bop.gov/policy/progstat/5538_009.pdf

Checked against the BOP policy set · 2026-09-19.

An escorted trip is a temporary, staff-supervised trip outside the prison — to a hospital for treatment the institution cannot provide, or to a funeral home or bedside for a death or a critical illness in the immediate family. Program Statement 5538.09 sets out who may approve each kind of trip, who pays for it, how many officers go, and what restraints are used.

If you are reading this at 2am because someone in your family has died or is dying, here is the short version, stated as plainly as we can: this is a discretionary decision, it is made by the Warden or, for some people, by the Regional Director, and the family is expected to pay for it. Nobody — not this firm, not any consultant, not any website — can tell you your loved one will be permitted to go. What we can do is tell you exactly what the rule says, who decides, and what a complete request looks like, because an incomplete request is the one that fails for reasons that had nothing to do with the merits.

The rule itself: escorted trips

Everything transcribed below comes from the Bureau’s own text at bop.gov/policy/progstat/5538_009.pdf or from the regulation on ecfr.gov.

The statute: what Congress authorized

This is the single most useful citation on the page, because it is the layer above the regulation and the policy. 18 U.S.C. § 3622 provides, in its operative sentence:

The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be imposed in him, by authorizing him, under prescribed conditions, to—

(a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facility, for the purpose of— (1) visiting a relative who is dying; (2) attending a funeral of a relative; (3) obtaining medical treatment not otherwise available; (4) contacting a prospective employer; (5) establishing or reestablishing family or community ties; or (6) engaging in any other significant activity consistent with the public interest…

Read the verbs. Congress said the Bureau “may” release, subject to four separate judgments — consistency with the purpose of the sentence, consistency with any pertinent Sentencing Commission policy statement, consistency with the public interest, and reasonable cause to believe the person “will honor the trust.” Nothing in § 3622 entitles anyone to a deathbed visit or a funeral trip. It gives the Bureau permission to allow one.

The four types of trip

Escorted trips split into two categories, medical and non-medical, and each category into emergency and non-emergency. The definitions are regulation, reproduced in the Program Statement at pp. 2 and 6:

Type	Definition, verbatim	Source
Emergency medical	“An escorted trip occurring as the result of an unexpected life-threatening medical situation requiring immediate medical treatment not available at the institution. The required treatment may be on either an in-patient or out-patient basis.”	28 C.F.R. § 570.41(a)(1); PS 5538.09 at p. 2
Non-emergency medical	“A pre-planned escorted trip for the purpose of providing an inmate with medical treatment ordinarily not available at the institution. The required treatment may be on either an in-patient or out-patient basis.”	28 C.F.R. § 570.41(a)(2); PS 5538.09 at p. 2
Emergency non-medical	“An escorted trip for such purposes as allowing an inmate to attend the funeral of, or to make a bedside visit to, a member of an inmate’s immediate family. For purposes of this rule, immediate family refers to mother, father, brother, sister, spouse, children, step-parents, and foster parents.”	28 C.F.R. § 570.42(a)(1); PS 5538.09 at p. 6
Non-emergency non-medical	“An escorted trip for such purposes as allowing inmates to participate in program-related functions, such an educational or religious activities, or in work-related functions.”	28 C.F.R. § 570.42(a)(2); PS 5538.09 at p. 6

The funeral-and-bedside trip is the emergency non-medical trip. That is the term to use in writing, because it is the term the form, the regulation and the approving official all use.

Note the closed list in the definition of immediate family: mother, father, brother, sister, spouse, children, step-parents, and foster parents. A grandparent, a grandchild, an aunt, an uncle, a cousin, an in-law, a fiancé and a long-term partner are all outside it. That is a regulatory definition, not a staff preference, and it is where a great many requests end before anyone reaches the question of security or cost.

Who pays — the rule that ends most requests

This is regulation, at 28 C.F.R. § 570.42(b)(1), reproduced at PS 5538.09 at p. 6:

(1) The government assumes the salary expenses of escort staff for the first eight hours of each day. All other expenses, including transportation costs, are assumed by the inmate, the inmate’s family, or other appropriate source approved by the Warden. The necessary funds must be deposited to the inmate’s trust fund account prior to the trip. Funds paid by the inmate for purposes of the escorted trip are then drawn, payable to the Treasury of the United States. Unexpended funds are returned to the inmate’s trust fund account following the completion of the trip.

Four things follow from that paragraph, and they are the four things families most often learn too late.

First, the money moves before the trip, not after. “The necessary funds must be deposited to the inmate’s trust fund account prior to the trip.” No deposit, no trip. Sending money into a trust fund account is not instantaneous — see How to Send Money to Federal Inmates and our explainer on the Trust Fund/Deposit Fund Manual for the mechanics and the lag.

Second, the government’s contribution is narrow. It covers escort staff salary for the first eight hours of each day. Overtime beyond eight hours, and every transportation cost — vehicle, fuel, mileage, meals, lodging for staff on an overnight trip, air travel where distance requires it — falls on the family side of the ledger.

Third, nobody publishes a price. The Program Statement’s instruction is that “Unit Management, in consultation with Financial Management, determine the escorted trip’s cost” (PS 5538.09 at p. 6). The number depends on the number of escorts, which depends on custody level, which is exactly what the next section covers. Ask the unit team for the figure in writing, early, and ask what it assumes.

Fourth, the mechanism is a BP-199. “The inmate completes a BP-199, Request for Withdrawal of Inmate’s Personal Funds, payable to the U.S. Treasury in the amount of the expenses they are to pay” (PS 5538.09 at p. 6). Unexpended funds go back into the account after the trip.

There is no hardship waiver in subpart D. Compare the furlough rule, 28 C.F.R. § 570.34, which does carry one narrow exception — “except that the government may bear the expense of a furlough if it is for the government’s primary benefit.” No parallel sentence appears anywhere in §§ 570.40–570.45.

How many staff go, and what that costs you

Escort staffing is set by custody level — not security level, though the two are related. The staffing rules are staff instruction, not regulation, and they are at PS 5538.09 at pp. 11–13:

Custody level	Minimum escorts	Weapons	Restraints	Contract guards
MAXIMUM	“A minimum of three staff escorts are required for each inmate, with one staff member holding the rank of at least GS-11 Lieutenant,” plus “staff in a back-up car (follow vehicle). It is recommended two staff occupy the back-up car.”	“A minimum of two staff escorts must be armed. Staff in the follow vehicle must also be armed.”	“Handcuffs with the black or blue handcuff cover (e.g., C&S), martin chain, padlock, and leg restraints are used at all times.”	“Contract guard services may not be used for MAXIMUM-custody inmates.”
IN	“A minimum of two staff escorts is required for the first inmate, with one additional staff member required for each additional inmate. The Warden may require an additional number of escorts if they determine it is warranted.”	“The Warden determines if escorting staff will be armed.”	“Handcuffs with martin chains will be used at all times. Additional restraint equipment may be used at the escorting officers’ discretion or if specified on the BP-A0502, Escorted Trip Authorization.”	“may be used for IN-custody inmates who are MINIMUM or LOW security levels. Contract guard services are not used for MEDIUM- and HIGH-security inmates.”
OUT and COMMUNITY	“One non-probationary staff member may escort a maximum of five OUT custody inmates.”	“No weapons are required.”	“Restraints may be used at the discretion of the escorting officer(s) or if specified on the BP-A0502, Escorted Trip Authorization.”	“Contract guard service may be used.”

Three to five staff and two vehicles for a MAXIMUM custody escort is a fundamentally different cost from one officer in one car for a COMMUNITY custody escort. Custody classification is therefore the hidden variable in the price. Our explainer on Security Designation and Custody Classification (PS 5100.08) explains how custody is scored and when it is reviewed; Prison Security Levels covers the related but separate question of institution security level.

Two further staffing points from the same section. “At least one staff member of the same sex as the inmate must be assigned to escort inmates with IN, OUT, COMMUNITY, or MAXIMUM custody,” and “Privately owned vehicles are not used for escorted trips” (PS 5538.09 at p. 13). And on restraints: for guidance on pregnant or postpartum women the Program Statement routes staff to the Female Offender Manual (PS 5538.09 at p. 12).

Who approves what

Trip	Who may approve	Delegation limit	Source
Out-patient medical	“The Warden may approve an inmate for an out-patient medical escorted trip.” Emergency out-patient approval during non-duty hours “may be provided by the Administrative Duty Officer (ADO) or, if the ADO is not available, by the Lieutenant on duty.”	Non-emergency out-patient during non-duty hours: “Authority during non-duty hours may not be delegated below ADO level.”	§ 570.41(c); PS 5538.09 at p. 3
In-patient medical	“The Warden may approve an inmate for an in-patient medical escorted trip.”	Non-emergency in-patient: “may not be delegated below the level of Warden or Acting Warden (or ADO).”	§ 570.41(d); PS 5538.09 at p. 4
Emergency non-medical (funeral, bedside)	“Except as specified in § 570.43, the Warden may approve an inmate for an emergency non-medical escorted trip.” The ADO may grant approval during non-duty hours.	ADO authority “may not be further delegated.”	§ 570.42(b)(2); PS 5538.09 at pp. 6–7
Non-emergency non-medical	“Except as specified in § 570.43, the Warden may approve an inmate for a non-emergency, non-medical escorted trip.”	“may not be delegated below the level of Warden or Acting Warden.”	§ 570.42(c); PS 5538.09 at p. 7
Any non-medical trip for someone requiring a high degree of control	“Only the Regional Director may approve a non-medical escorted trip (either emergency or non-emergency) for an inmate determined to require a high degree of control and supervision.”	“The Regional Director’s approval authority may not be delegated below the level of Acting Regional Director.”	§ 570.43; PS 5538.09 at pp. 7–8
Witness security participants	“Except for emergency medical escorted trips, prior authorization must be received from the Inmate Monitoring Section (IMS), Central Office.”	—	PS 5538.09 at p. 9

The § 570.43 escalation matters more than its length suggests. The regulation itself is one sentence. Everything that gives it content is BOP’s own instruction: “The phrase ‘a high degree of control and supervision’ ordinarily refers to an inmate with MAXIMUM custody or HIGH security,” and “The Regional Director may approve escorted trips for emergency and non-emergency, non-medical reasons only upon receiving a favorable recommendation from the Warden and their determination the trip is warranted. In making this determination, all relevant information (e.g., the inmate’s sentence, time in custody, adjustment, and the nature of the request) must be considered. The Regional Director maintains a written record, including reasons for regional approval” (PS 5538.09 at p. 8).

Two practical consequences. A MAXIMUM custody or HIGH security request needs two yeses — the Warden’s favorable recommendation first, then the Regional Director’s own determination — on a timetable measured in days, sometimes hours. And because the Regional Director “maintains a written record, including reasons,” a regional denial generates a document. That document is the thing counsel asks for.

What staff are directed to do with the request

This paragraph is regulation, not policy, and families almost never know it exists. 28 C.F.R. § 570.42(b), at PS 5538.09 at p. 6:

(b) Escorted trip procedures—emergency non-medical reasons. Unit staff are to investigate, and determine, the merits of an escorted trip following a review of the available information. This includes contacting those persons (e.g., attending physician, hospital staff, funeral home staff, family members, U.S. Probation Officer) who can contribute to a determination on whether an escorted trip should be approved.

Staff are supposed to call the funeral director. Staff are supposed to call the attending physician. Staff are supposed to call you. Which means the fastest thing a family can do is make those calls easy to complete: a named person, a direct line that a human answers, and someone at the funeral home or the hospital who is expecting the call and will confirm in writing.

The internal routing is instruction rather than regulation, but knowing it tells you where a request is sitting. Unit Management route the BP-A0502, Escorted Trip Authorization form and the Inmate Central File through the Case Management Coordinator for screening and clearance, the Unit Manager for recommendation, the Captain for appropriate action, the Special Investigative Supervisor for any Security Threat Group or management-interest-group information, and the Associate Warden for review and recommendation (PS 5538.09 at p. 7). Any one of those desks can hold a file.

Restraints, supervision, and what the day itself looks like

Three sentences of 28 C.F.R. § 570.44 bind:

Inmates under escort will be within the constant and immediate visual supervision of escorting staff at all times. Restraints may be applied to an inmate going on an escorted trip, after considering the purpose of the escorted trip and the degree of supervision required by the inmate. Except for escorted trips for a medical emergency, an inmate going on an escorted trip must agree in writing to the conditions of the escorted trip (for example, agrees not to consume alcohol).

BOP’s own instruction then goes considerably further than the regulation, and this is the passage families are least prepared for. PS 5538.09 at p. 9:

All non-medical escorted trips, such as bedside visits and funeral trips require the use, throughout the escorted trip, of at least the minimum restraints specified in the BP-A0939, Escort Instructions form. No exceptions will be made.

Plan for that. Your loved one will arrive restrained, will remain restrained, and will be under “constant and immediate visual supervision” for the entire visit. The written agreement is the BP-A0938, Conditions of Escorted Trip form; the escort officers sign a BP-A0939, Escort Instructions form, which “also establishes minimum requirements for using restraints” (PS 5538.09 at p. 9). Neither the BP-A0939’s restraint minimums nor the Correctional Services Manual they cross-reference is published by BOP, so the specific restraint set for a given trip is not something you can look up in advance — ask the unit team.

One more instruction that catches families completely off guard, at PS 5538.09 at p. 16:

Except in unusual circumstances, inmates scheduled for an escorted trip may not be advised of the date and time of the trip, method of travel, and destination.

That is a security rule, not a sign that something has gone wrong. It means the person inside may genuinely not know the trip is approved until staff come to get them — and it means a family should not read silence from the inside as a denial.

Finally, the consequences. 28 C.F.R. § 570.45: “(a) Staff shall process as an escapee an inmate who absconds from an escorted trip. (b) Staff may take disciplinary action against an inmate who fails to comply with any of the conditions of the escorted trip.” A violation of the BP-A0938 conditions is an ordinary disciplinary matter — see Inmate Discipline Program.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The two documents that decide these requests are the BP-A0502 and the verification packet, and the second one is the only piece a family controls. Before anyone asks the unit team for anything, assemble: a signed letter on funeral-home letterhead giving the decedent’s name, the relationship, and the date, time and address of the service, with a direct phone number and the funeral director’s name; or, for a bedside visit, a letter from the treating physician on hospital letterhead stating the diagnosis, that the condition is critical, and a direct number for the unit. Put the relationship in the exact vocabulary of § 570.42(a)(1) — “his mother,” “her brother” — not “his mom’s side.” Then hand it in with a written Inmate Request to Staff and keep a dated copy. I have watched requests die because the funeral was Thursday and the verification arrived Wednesday night. The rule gives staff a duty to investigate; it does not give them extra time.

What binds and what does not in PS 5538.09

Program Statement 5538.09 signals which of its sentences are regulation and which are BOP’s own instruction by color — the footer of every page reads “Federal Regulations from 28 CFR: this type. Implementing instructions: this type,” with the regulation in blue. That distinction does not survive a plain-text copy of the PDF, which is why so many secondhand summaries of this policy treat every sentence as if it were binding law. It is not.

A Program Statement is the Bureau’s internal instruction to its own staff. The Supreme Court described a Program Statement as “an internal agency guideline” that is “akin to an ‘interpretive rule’ that ‘do[es] not require notice and comment,'” though “still entitled to some deference,” in Reno v. Koray, 515 U.S. 50 (1995). So when this page says the policy “directs staff” to do something, that is precise language rather than hedging.

Here is where the line falls in this policy, verified section by section against the text on ecfr.gov:

• Regulation (binding): the definitions of the four trip types and of “immediate family”; the cost allocation in § 570.42(b)(1); the duty of unit staff to investigate and contact the physician, hospital, funeral home and family in § 570.42(b); the Warden’s approval authority in §§ 570.41(c)–(d) and 570.42(b)(2), (c); the 90-day-at-the-institution screen for non-emergency non-medical trips in § 570.42(c); the Regional Director’s exclusive authority in § 570.43; the constant-visual-supervision, restraints-may-be-applied and written-agreement sentences in § 570.44; and the escape and discipline provisions in § 570.45.
• BOP instruction (not regulation): every staffing, weapons and restraint table; the “No exceptions will be made” restraint sentence at p. 9; the ADO and Lieutenant delegations; the BP-A0502 routing chain; the definition of “a high degree of control and supervision” as MAXIMUM custody or HIGH security; the confidentiality rule at p. 16; the Electronic Custody Control Belt provisions; and the sentence at p. 7 discussed immediately below.

That last one deserves its own paragraph, because it is the sentence most likely to be quoted at a family as though it were law. PS 5538.09 at p. 7 states:

Ordinarily, escorted trips for emergency non-medical cases are available only to inmates with OUT or COMMUNITY custody.

It appears in the printed policy in black — instruction, not regulation — and no equivalent sentence exists anywhere in § 570.42. It also sits inside section 3(c) of the Program Statement, the subsection captioned “non-emergency, non-medical reasons,” while its own text says “emergency non-medical cases.” Both readings are consequential, and we are not going to guess between them for you: read it as covering emergency trips and it is a custody screen on funeral and bedside visits that appears in no regulation; read it as a stray reference to the non-emergency subsection it sits in and it merely restates the eligibility standard § 570.42(c) already sets. We have flagged the ambiguity for the Bureau’s attention and for our own attorney’s review. What you should take from it: if a request is refused on the ground that your loved one is not OUT or COMMUNITY custody, that ground comes from an internally inconsistent sentence of agency instruction, not from the regulation — and saying so precisely, in writing, is worth more than arguing about it.

Escorted trip or furlough? They are not the same thing

People use “furlough” for both, and the two words point to different regulations, different forms and radically different eligibility. The line is drawn in one sentence of 28 C.F.R. § 570.32: “A furlough is an authorized absence from an institution by an inmate who is not under escort of a staff member, U.S. Marshal, or state or federal agents.”

That is the whole distinction. On a furlough the person travels alone. On an escorted trip custody is never interrupted — staff are present, restraints are on, and, in the Program Statement’s phrase at p. 9, “An escorted trip merely extends the limits of an inmate’s confinement.”

The practical consequences run in both directions. A furlough is far less costly, because there are no escort salaries and no second vehicle, but it is available to a much narrower group and it carries a distance rule the escorted-trip policy does not: PS 5280.09 at p. 5 notes that “Generally, day furloughs (approximately a 100-mile radius) are used to strengthen family ties or enrich institution program experiences,” with an overnight furlough ordinarily lasting three to seven calendar days. An escorted trip has no mileage limit at all — nothing in §§ 570.40–570.45 or in PS 5538.09 sets a radius. What limits an escorted trip is money and staffing, not distance.

One overlap is written into the escorted-trip policy itself. At PS 5538.09 at p. 4: “An inmate with OUT or COMMUNITY custody may be approved, at the Warden’s discretion, for a furlough to obtain local medical treatment not otherwise available at the institution.” So for some people the medical route is a furlough rather than an escort.

Our furlough explainer is Furloughs (PS 5280.09); it owns the furlough eligibility question and this page does not duplicate it. If the question is which route to request and how to build the request, that is a consult — see Temporary Release: Furlough Requests.

What escorted trip policy means for you

If you are the person inside: start the request immediately

Start the request the moment you know, not the moment you have documents. Submit an Inmate Request to Staff — form BP-A0148, universally called a “cop-out” — to your Case Manager and Unit Manager, and state four things: who died or is critically ill, the exact relationship in the words of § 570.42(a)(1), the date and place of the service or the hospital, and who on the outside can verify it, with a phone number. Ask in the same cop-out for the estimated cost so your family can move money. Keep a copy. Our page on Request to Staff (PS 5511.08) covers the form.

Understand the two screens that will be run whether or not anyone tells you. The Case Management Coordinator screens the Central File; the SIS/SIA checks for Security Threat Group and management-interest-group information (PS 5538.09 at p. 7). A pending detainer is a separate obstacle, because a detainer changes what the Bureau can safely do with community movement — see Detainers and the Interstate Agreement on Detainers. Recent disciplinary history feeds the “suitability” judgment the policy directs staff to make.

If the trip is medical rather than family, the decision-maker is different. “The Clinical Director or designee is responsible for determining whether a medical escorted trip is appropriate” (§ 570.41(b)). A refusal to schedule outside care is a medical-care problem, not an escorted-trip problem, and it belongs on the Patient Care and Medical Designations and Care Levels tracks.

If you are the family: three jobs in forty-eight hours

You have three jobs and roughly forty-eight hours to do them.

Verification. Get a letter, on letterhead, from the funeral home or the treating physician, naming the person, the relationship, the date and the place, with a direct phone number and a named human who will answer it. Regulation directs unit staff to make those calls; make them completable on the first try. Fax and email both, and confirm receipt by phone.

Money. Ask the unit team, in writing, for the estimated cost and what it assumes, and get funds into the trust fund account. The deposit has to land before the trip, and trust-fund deposits are not instant.

Realism, without giving up. These decisions are discretionary, they are expensive, and they are frequently denied — on security grounds, on custody grounds, on cost, or simply because the service is tomorrow and the verification and the approval chain will not both finish in time. We are not going to quote you an approval rate, because the Bureau does not publish one and we will not invent a number. What we will say is that a complete, correctly worded, promptly delivered request removes the failure modes that have nothing to do with the merits, and that is the part you control.

Two things to expect afterward. Your loved one will be restrained throughout, without exception, and may not be told the date, time, route or destination in advance. Neither is a signal about your particular request. Our general orientation for families is What Families Should Know About Federal Prison, and if the death is of someone inside rather than outside, the relevant walkthrough is What Happens When a Federal Inmate Dies in Prison.

If you are counsel: escorted trips

The record you want exists, and it is short. The BP-A0502, Escorted Trip Authorization carries the routing signatures and, where restraints deviate from the norm, “must reflect factors used to support the decision” (PS 5538.09 at p. 11). Where the Regional Director acted, there is a separate written record “including reasons” (p. 8). Request both through the unit team, and through a Freedom of Information Act or Privacy Act request if staff will not produce them.

Set expectations about what the denial can and cannot be attacked as. In United States v. Williams, No. 1:17-cr-00117 (S.D. Ohio Sept. 19, 2022) — an unpublished district court order denying a defendant’s motion for a furlough to attend his mother’s funeral — the court walked through § 570.42 and concluded: “As the text of the regulation indicates, the Warden makes the decision as to whether to allow an emergency non-medical escorted trip. The Court has no authority to do so.” The sentencing court is not the forum. On the constitutional side, the magistrate judge’s report and recommendation in Mott v. Samuels, No. 1:13-cv-02681 (D.S.C. Dec. 9, 2013), put it directly: “A prisoner has no protected liberty interest in a furlough,” and “while such regulations state the conditions that must be satisfied before a furlough is granted, the regulations do not require the granting of a furlough upon the satisfaction of these conditions.”

Where the real leverage lies is upstream. If the underlying problem is that custody classification is wrong, or that a stale detainer is driving the analysis, or that the person’s medical condition is the actual issue, then the escorted-trip denial is a symptom. And where a family member’s death or terminal illness reflects a caregiving crisis or the person inside is themselves seriously ill, the escorted-trip track and the compassionate release track are asking different questions about the same facts — see Compassionate Release for Terminal Illness and Serious Medical Conditions and Caregiver Compassionate Release.

What changed in PS 5538.09

PS 5538.09, dated September 3, 2026, rescinded PS 5538.08, Escorted Trips (4/8/2024) — PS 5538.09 at p. 1. The Bureau listed three changes, verbatim at p. 1:

– Removes all references to the Union. – Authorizes the MK-4 OC Gel spray for use during external escorts, including prisoner transportation (bus movement). – Authorizes MK-9 OC Gel spray for prisoner transportation (bus movement).

Read that list carefully and notice what is not on it. Nothing about eligibility. Nothing about cost. Nothing about approval authority. The 2026 reissue deals with union references and the OC gel dispensers escorts may carry. The changes made by the 2024 edition (PS 5538.08, April 8, 2024) carry forward: escorts still draw an MK-4 OC aerosol spray on reporting for duty (PS 5538.09 at p. 10), armed medical escorts still complete a course of fire for proficiency before each quarter (p. 11), face coverings are still authorized only when medically necessary (p. 11), and pregnancy and the postpartum period still disqualify a person from the electronic custody control belt (p. 14). The regulation behind them, §§ 570.40–570.45, has an effective date of December 29, 2016, and § 570.41 carries an amendment history running back to 1985 and 1992.

Also worth carrying forward: PS 5538.09 at p. 14 lists the medical conditions that disqualify a person from wearing an Electronic Custody Control Belt — “Pregnancy and postpartum inmates (the 12 weeks following a pregnancy outcome, as determined by the health care provider). Heart disease. Multiple sclerosis. Muscular dystrophy. Epilepsy.” — and directs that only a physician, physician assistant or nurse practitioner may conduct that review. Before the belt is applied, the person is shown, or read, a BP-A0600, Inmate Notification of Electronic Custody Control Belt Use form (p. 14).

The policy’s reference list is where currency matters. PS 5538.09’s References section at p. 17 names its companion Program Statements by title only, without numbers or dates, so the edition that controls is whichever one BOP currently publishes:

The reference at PS 5538.09 p. 17	Current published edition
Use of Force, Application of Restraints, and Firearms	PS 5566.07 (7/17/2024) — the authority for the restraint, firearms and deadly-force rules cross-referenced at pp. 9, 10, 11, 13 and 15
Patient Care	PS 6031.06 (6/22/2026)
Trust Fund/Deposit Fund Manual	PS 4500.13 (5/7/2026) — the manual governing the BP-199 deposit
Female Offender Manual	PS 5200.09 CN-1 (7/31/2025)
Pretrial Inmates	PS 7331.05 CN-1 (2/27/2025)
Oleoresin Capsicum (OC) Aerosol Spray	PS 5577.01 (3/19/2026)
Inmate Furloughs	PS 5280.09, Furloughs (1/20/2011)
Correctional Services Manual	Does not appear in BOP’s published policy set — the restraint minimums and protective-vest rules it carries are not publicly available

None of that changes the rule for a funeral trip. All of it changes which document you should be reading when a dispute turns on restraints, on the trust-fund mechanics, or on the treatment of a pregnant or postpartum client.

Where people get stuck when an escorted trip is refused

“They said no and gave no reason.” Ask for one in writing, on a cop-out, and name the decision-maker the regulation names. If the person is MAXIMUM custody or HIGH security, the denial may have come from the Regional Director, who under BOP’s own instruction “maintains a written record, including reasons” (PS 5538.09 at p. 8) — ask for that record specifically. If the formal route becomes necessary, it is the Administrative Remedy Program: BP-9 to the Warden, BP-10 to the Regional Director, BP-11 to the Office of National Inmate Appeals, under 28 C.F.R. part 542, subpart B. Be realistic about timing — a funeral will not wait for a BP-9, and the Warden has up to 40 days to answer one. The reason to file anyway is that the paper record is what makes the next request, or a later claim, specific. See Administrative Remedy Program and Prison Grievances.

The relationship is not on the list. A grandmother who raised someone, a stepchild, a fiancée of eleven years — none of them is inside the § 570.42(a)(1) definition of immediate family. There is no waiver provision in subpart D. Two honest alternatives: if the relationship is legally a foster or step relationship, document it as such, because those are on the list; and if it is not, redirect the effort toward the things that are available — a religious service inside through the chaplain, additional telephone or video access, and correspondence. Nothing on this page can turn a grandparent into a parent.

The money will not arrive in time. The deposit has to land in the trust fund account before the trip. Ask the unit team what deposit method clears fastest at that institution and confirm the estimate in writing, because an estimate that changes after the family has wired funds is its own delay. Where the person is indigent, say so in writing and ask what alternative source the Warden will approve under the regulation’s phrase “or other appropriate source approved by the Warden” — a church, a fraternal organization, or another family member can be that source.

The person is in the Special Housing Unit, or at a medical center, or has a detainer. Each of those changes the analysis, and none of them is answered on this page. SHU placement affects the security judgment — see Special Housing Units. A detainer affects community movement — see Detainers and the Interstate Agreement on Detainers. And where the person is at a medical referral center, the in-patient rules at PS 5538.09 at pp. 4–6 govern instead.

Where the underlying issue is designation, custody classification, medical care or a detainer, the administrative remedy is necessary but rarely sufficient by itself. Those belong in a consult — see Federal Prison Consulting Services, Federal Prison Problems, or contact us. And if court is ever a possibility, exhaustion matters: under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), “No action shall be brought with respect to prison conditions … until such administrative remedies as are available are exhausted.” Exhaustion means completing every level of the internal ladder, on time, before filing.

Related BOP policy on escorted trips

The paired page for families is What Families Should Know About Federal Prison, which covers the funeral and bedside question from the outside in; this page carries the rule.

Policies that meet escorted trips directly: Furloughs (PS 5280.09) for the unescorted alternative in subpart C. Security Designation and Custody Classification (PS 5100.08), because custody level drives both the staffing and the price. Patient Care (PS 6031.06) and Medical Designations and Care Levels (PS 6270.02) for the medical-escort side. Detainers and the Interstate Agreement on Detainers. Trust Fund/Deposit Fund Manual (PS 4500.13) for the BP-199. Female Offender Manual (PS 5200.09) for restraints on pregnant and postpartum clients. Management of Aging Offenders (PS 5241.01), because these requests cluster among older people with older parents.

Routes and remedies: Request to Staff (PS 5511.08), Administrative Remedy Program (PS 1330.18), Prison Grievances, FOIA and Privacy Act Requests, and Inmate Discipline Program (PS 5270.09) if a trip condition is violated.

When the answer is not a trip: Compassionate Release / Reduction in Sentence (PS 5050.51) and the federal compassionate release practice pages, Inmate Visitation and Visiting Regulations (PS 5267.09) for contact that does not require leaving the institution, and Inmate Telephone Regulations (PS 5264.09). Further reading on our site: Travel Within the Federal Bureau of Prisons and What Happens When a Federal Inmate Dies in Prison.

Frequently Asked Questions About Escorted Trips

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Program Statement 5538.08 (rescinded) — full text

What follows is the rescinded April 8, 2024 edition (PS 5538.08), reproduced in full for reference; the Bureau no longer posts it. It was replaced on September 3, 2026 by PS 5538.09, whose listed changes remove references to the Union and authorize MK-4 and MK-9 OC Gel spray for external escorts and prisoner transportation; the analysis above follows the current text and its page numbers. Current edition: bop.gov/policy/progstat/5538_009.pdf.

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI CPD/CSB

NUMBER 5538.08

DATE April 8, 2024

Escorted Trips

/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons

1. § 570.40 Purpose and scope.

The Bureau of Prisons provides approved inmates with staff-escorted trips into the community for such purposes as receiving medical treatment not otherwise available, for visiting a critically-ill member of the inmate’s immediate family, or for participating in program or work-related functions.

This Program Statement establishes procedures to be followed when considering an inmate for an escorted trip and details the:

• guidelines for selecting escort employees,
• responsibilities of escort employees, and
• instructions for using restraint equipment, including the Electronic Custody Control Belt, for MAXIMUM custody inmates.

Escorted trips fall into two categories, medical and non-medical. The need or reason for an escorted trip may arise unexpectedly (e.g., to visit a critically ill family member) or may be planned in advance (e.g., to attend an educational function).

a. Summary of Changes

Policy Rescinded 5538.07 Escorted Trips (12/10/2015)

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2 The following changes have been incorporated into the policy:

• References updated to include the Female Offender Manual.
• Escort employees are required to obtain an MK-4 OC aerosol spray.
• Employees assigned to armed medical escort posts on the quarterly roster will shoot a course of fire prior to the beginning of the quarter, for proficiency purposes.
• Face coverings are authorized to be placed upon inmates when medically necessary.
• The custody control belt is not to be used on pregnant and postpartum inmates (the 12 weeks following a pregnancy outcome, as determined by the health services provider).

b. Program Objectives.

• Escorted trips will be available for eligible inmates.
• Escorted trips will be supervised by the correct number and type of employee.
• Appropriate procedures, including those concerning restraint equipment, will be used during all escorted trips.
• The public will be protected from undue risk.
• Application of an Electronic Custody Control Belt will be authorized only for MAXIMUM custody inmates who requires greater security than can be afforded through conventional restraints and where no medical condition precludes its use.
• An Electronic Custody Control Belt will be applied only to prevent escape or serious bodily harm and activated only for the purpose of controlling that inmate.
• Lieutenants who apply the Electronic Custody Control Belt or escort an inmate wearing an Electronic Custody Control Belt will be properly trained in its application, operation, effectiveness, and follow-up requirements.
• Every incident involving the activation of an Electronic Custody Control Belt will be properly reviewed, documented, and reported.
• Violations of escorted trips will be processed in accordance with regulations.

c. Institution Supplement. None Required. Should local facilities make any changes outside the required changes in the national policy or establish any additional local procedures to implement the national policy, the local Union may invoke to negotiate procedures or appropriate arrangements.

d. Pretrial/Holdover Procedures. Procedures in this Program Statement apply to pretrial and

holdover inmates.

2. § 570.41 Medical escorted trips. (a) Medical escorted trips are intended to provide an inmate with medical treatment not available within the institution. There are two types of medical escorted trips.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 3

(1) Emergency medical escorted trip. An escorted trip occurring as the result of an unexpected life-threatening medical situation requiring immediate medical treatment not available at the institution. The required treatment may be on either an in-patient or out-patient basis. When the inmate’s custody level is not readily available at the time of the emergency medical escorted trip, the inmate, for purposes of the escorted trip, is considered to have the highest custody level housed at the institution or will be escorted at the Warden’s discretion in accordance with Section 8 of this Program Statement.

(2) Non-emergency medical escorted trip. A pre-planned escorted trip for the purpose of providing an inmate with medical treatment ordinarily not available at the institution. The required treatment may be on either an in-patient or out-patient basis.

In-patient. In-patient treatment occurs when the inmate is admitted to the outside medical facility for care that extends beyond the day of admission.

Out-patient. Ordinarily, treatment is considered out-patient when the inmate departs and returns to the institution on the same calendar day.

Emergency out-patient treatment may extend beyond midnight (e.g., left institution at 11:00 p.m. and returned at 3:00 a.m.).

(b) The Clinical Director or designee is responsible for determining whether a medical escorted trip is appropriate.

See the Program Statement Patient Care for utilization review procedures.

has Escorted trip procedures—out -patient medical treatment. A recommendation for an inmate to receive a medical escorted trip is prepared by medical staff, forwarded through the appropriate staff for screening and clearance, and then submitted to the Warden for review. The Warden may approve an inmate for an out-patient medical escorted trip.

Employees seeking approval complete a BP-A0502, Escorted Trip Authorization form and route it and the Inmate’s Central File through:

• The Case Management Coordinator (CMC) for screening and clearance.
• The Special Investigative Supervisor/Special Investigative Agent (SIS/SIA), for identifying any Security Threat Group (STG)/management interest group, etc., information.
• The Captain for appropriate action.

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• The Unit Manager and the appropriate Associate Warden for review and recommendation.

In making a determination, employees consider the inmate’s suitability for the trip and the degree of supervision necessary.

(1) Emergency Out-patient. Approval for an emergency out-patient escorted trip during non-duty hours may be provided by the Administrative Duty Officer (ADO) or, if the ADO is not available, by the Lieutenant on duty.

In an emergency, the Shift Lieutenant may give approval verbally, with paperwork to follow. The approving official during non-duty hours must notify the Warden immediately.

(2) Non-emergency Out-patient. Ordinarily, approval for a non-emergency out-patient escorted trip is obtained during regular duty hours.

The ADO may approve during non-duty hours. Authority during non-duty hours may not be delegated below ADO level.

An inmate with OUT or COMMUNITY custody may be approved, at the Warden’s discretion, for a furlough to obtain local medical treatment not otherwise available at the institution. See the Program Statement Inmate Furloughs for additional information.

(3) The Regional Director (or Regional Duty Officer if non-duty hours) must be notified of any medical escorted trip for a MAXIMUM custody inmate. See Section 4 of this Program Statement for additional information.

(4) Only the Regional Director may approve any deviation from MAXIMUM custody escort guidelines. Refer to the Program Statement Prisoner Transportation Manual.

(d) Escorted trip procedures—in -patient medical treatment. A recommendation for an inmate to receive a medical escorted trip is prepared by medical staff, forwarded through the appropriate staff for screening and clearance, and then submitted to the Warden. The Warden may approve an inmate for an in-patient medical escorted trip.

For non-emergency in-patient medical treatment, approval must be given prior to the inmate’s transfer to a community medical facility using a BP-A0502, Escorted Trip Authorization form.

(1) Transfer to Medical Facility. When treatment is expected to extend beyond the day of a transfer, the inmate is considered transferred to the medical facility for in-patient care. The

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5 Regional Health Systems Administrator (RHSA) must be notified, ordinarily by the institution Health Services Administrator (HSA).

For a non-emergency medical escorted trip, notification should be before the transfer has occurred. For an emergency medical escorted trip, notification may be after the transfer has occurred. In all cases, the HSA notifies the RHSA of the inmate’s return to the institution.

(2) Emergency In-patient. The ADO may approve an emergency escorted trip for in-patient medical treatment during non-duty hours; if the ADO is not available, the Shift Lieutenant may approve it.

The approving official during non-duty hours notifies the Warden and, when applicable, the ADO, as soon as possible.

(3) Non-emergency In-patient. Approval for a non-emergency escorted trip for in-patient treatment may not be delegated below the level of Warden or Acting Warden (or ADO).

(4) In-patient Admission. If an escorted trip for medical purposes is expected to result in the inmate being admitted to a community medical facility for in-patient treatment, these procedures must be followed:

• When applicable, the Captain (or, in the Captain’s absence, the Lieutenant) contacts the contract guard service to arrange for custodial coverage. Contract guard services will not be used with MAXIMUM custody inmates. If the inmate is in pretrial status, the U.S. Marshals Service must be contacted to provide custodial coverage. See the Program Statement Pretrial Inmates.
• Correctional Systems employees produce the BP-A0821, Transfer Receipt form to establish an appropriate chain of custody. When Correctional Systems employees are not available, the Lieutenant prepares a temporary Transfer Receipt.
• When the inmate returns, Correctional Systems employees complete the “Return of Service” section on the transfer order.
• The Captain develops post orders and log book procedures for Correctional Officers and contract employees who provide coverage for inmates receiving in-patient care to follow.
• The designated employees sign a statement indicating they understand the required procedures listed on the BP-A0939, Escort Instructions form.
• Escort officers maintain the post orders and log book procedures during the community placement and return them to the institution upon completing the escorted medical trip. Contract guard services must meet the requirements in the post orders and log book procedures.

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• When medical treatment is expected to extend beyond one day, only the Warden may approve reduction in restraints below the minimum requirements. When restraints are reduced under these procedures, the escort Officer in Charge (OIC), as well as the Operations Lieutenant, document the Warden’s approval in their official logs.

(5) Regional Director Notification. The Regional Director or Regional Duty Officer during non-duty hours is notified of any medical escorted trip for a MAXIMUM custody inmate. See Section 4 of this Program Statement for additional information. The Regional Director has approving authority for deviations from MAXIMUM custody escort guidelines.

(6) Charging Overtime. Only when an inmate is actually released from the institution can overtime for their security be charged to the outside medical cost center. The inmate must be released for a visit to a medical consultant, or a hospital visit under the local hospital category of applicable Bureau inmate management system or be released on transfer to a Medical Referral Center. These procedures are necessary for any case in which the inmate is released from the institution, even if only for a few hours. Institutions do not carry these temporary releases in out count status.

Any Bureau employee receiving overtime pay must provide security for an inmate outside the institution while the inmate is transferred from the institution to the consultant or hospital, or while they are transported back to the institution. An employee may be allowed two hours of outside medical overtime to prepare for the detail.

Medical overtime may not be charged for security provided within the institution, except if an employee on duty and assigned to an inside post is the only qualified, available person for the outside escort and must be replaced.

When overtime for a medical situation is credited to employees, a copy of the inmate history inquiry report of the applicable Bureau inmate management system, indicating the inmate’s name and number and the time the inmate was in the local hospital release status or transferred to a Medical Referral Center, is attached to the time and attendance sheet.

3. § 570.42 Non-medical escorted trips. (a) Non-medical escorted trips allow an inmate to leave the institution under staff escort for approved, non-medical reasons. There are two types of non-medical escorted trips. (1) Emergency non-medical escorted trip. An escorted trip for such purposes as allowing an inmate to attend the funeral of, or to make a bedside visit to, a member of ’n inmate’s immediate family. For purposes of this rule, immediate family refers to mother, father,

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 7 brother, sister, spouse, children, step-parents, and foster parents.

(2) Non-emergency, non-medical escorted trip. An escorted trip for such purposes as allowing inmates to participate in program-related functions, such an educational or religious activities, or in work-related functions. (b) Escorted trip procedures—emergency non-medical reasons. Unit staff are to investigate, and determine, the merits of an escorted trip following a review of the available information. This includes contacting those persons (e.g., attending physician, hospital staff, funeral home staff, family members, U.S. Probation Officer) who can contribute to a determination on whether an escorted trip should be approved. (1) The government assumes the salary expenses of escort staff for the first eight hours of each day. All other expenses, including transportation costs, are assumed by the inmate, the inmate’s family, or other appropriate source approved by the Warden. The necessary funds must be deposited to the inmate’s trust fund account prior to the trip. Funds paid by the inmate for purposes of the escorted trip are then drawn, payable to the Treasury of the United States. Unexpended funds are returned to the inmate’s trust fund account following the completion of the trip. Unit team, in consultation with Financial Management, determine the escorted trip’s cost. The inmate completes a BP-199, Request for Withdrawal of Inmate’s Personal Funds, payable to the U.S. Treasury in the amount of the expenses they are to pay. See the Program Statement Trust Fund/Deposit Fund Manual.

(2) A request for an inmate to receive an emergency non-medical escorted trip is prepared by unit staff, forwarded through the appropriate staff for screening and clearance, and then submitted to the Warden. Except as specified in § 570.43, the Warden may approve an inmate for an emergency non-medical escorted trip.

Unit team, after obtaining the required information, route the BP-A0502, Escorted Trip Authorization form and the Inmate Central File through the:

• CMC for screening and clearance.
• Captain for appropriate action.
• SIA/SIS for identifying any STG/management interest group, etc., information.
• Unit Manager and the Associate Warden for review and recommendation.

In making a determination, employees consider the inmate’s suitability for the trip and the degree of supervision necessary.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 8 The ADO may grant approval for an emergency non-medical escorted trip during non-duty hours. This authority may not be further delegated.

(c) Escorted trip procedures—non -emergency, non-medical reasons. This type of escorted trip is considered for an inmate who has been at the institution for at least 90 days, and who is considered eligible for less secure housing and for work details, under minimal supervision, outside the institution’s perimeter. A recommendation for an inmate to receive an escorted trip for non-emergency, non-medical reasons is prepared by the recommending staff, forwarded through the appropriate staff for screening and clearance, and then submitted to the Warden. Except as specified in § 570.43, the Warden may approve an inmate for a non-emergency, non-medical escorted trip.

Ordinarily, escorted trips for emergency non-medical cases are available only to inmates with OUT or COMMUNITY custody. The requesting department submits the BP-A0502, Escorted Trip Authorization form. For the review procedure, see Section 4 of this Program Statement.

Specific arrangements for inmate town drivers may be established locally.

Approval for a non-emergency, non-medical escorted trip may not be delegated below the level of Warden or Acting Warden.

4. § 570.43 Inmates requiring a high degree of control and supervision.

Only the Regional Director may approve a non-medical escorted trip (either emergency or non-emergency) for an inmate determined to require a high degree of control and supervision.

The Regional Director’s approval authority may not be delegated below the level of Acting Regional Director.

The phrase “a high degree of control and supervision” ordinarily refers to an inmate with MAXIMUM custody or HIGH security.

The Regional Director may approve escorted trips for emergency and non-emergency, non-medical reasons only upon receiving a favorable Warden’s recommendation and their determination the trip is warranted. In making this determination, all relevant information (e.g., inmate’s sentence, time in custody, adjustment, and the nature of the request) must be considered. The Regional Director maintains a written record, including reasons, for regional approval.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 9 The Regional Director’s prior approval is not necessary for an inmate requiring a high degree of control and supervision to receive an emergency medical escorted trip. However, during non-duty hours, the Regional Director or Regional Duty Officer must be notified as soon as possible of any medical escorted trip for a MAXIMUM custody inmate.

5. § 570.44 Supervision and restraint requirements.

Inmates under escort will be within the constant and immediate visual supervision of escorting staff at all times. Restraints may be applied to an inmate going on an escorted trip, after considering the purpose of the escorted trip and the degree of supervision required by the inmate. Except for escorted trips for a medical emergency, an inmate going on an escorted trip must agree in writing to the conditions of the escorted trip (for example, agrees not to consume alcohol).

The escort OIC may terminate an escorted trip without contacting the institution in circumstances where employees, the public, or the inmate is at risk of immediate serious injury or death, or the inmate is attempting to or has demonstrated the intent or means to escape.

Escort employees contact the institution (i.e., the Operations Lieutenant or Captain) for guidance prior to terminating all other escorted trips. Any escorted trip terminated by a supervisor or by the escort OIC’s requires a written memorandum by the employee canceling it. The memorandum is reviewed to determine if further action is needed (training, alternative escort locations, procedure changes, etc.).

When it is necessary for an employee to use a restroom, additional restraints must be applied before they leave the area; remaining employees continue constant visual supervision. The escort OIC will determine the amount of additional restraints required. Employees will only leave the area to use the nearest restroom.

Institutions using escort employees with OUT or COMMUNITY custody inmates make prior arrangements to address the security and supervision of the inmate, for when it is necessary for employees to use the restroom.

An escorted trip merely extends the limits of an inmate’s confinement. Before a non-emergency escorted trip, escort employees are given preparation time and are expected to review this Program Statement and the Program Statement Use of Force, Application of Restraints, and Firearms and sign the BP-A0939, Escort Instructions form. This form also establishes minimum requirements on using restraints.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 10 All non-medical escorted trips, such as bedside visits and funeral trips require the use, throughout the escorted trip, of at least the minimum restraints specified in the BP-A0939, Escort Instructions form. No exceptions will be made.

Except for medical emergency trips, the inmate must sign the BP-A0938, Conditions of Escorted Trip form.

6. WITNESS SECURITY INMATES

Except for emergency medical escorted trips, prior authorization must be received from the Inmate Monitoring Section (IMS), Central Office, for a witness security inmate to go on an escorted trip.

In emergency medical situations, the inmate is transported to the nearest medical facility in accordance with local procedures.

During normal working hours, the IMS must be notified as soon as possible by telephone. After normal working hours, the IMS Duty Officer, located in the Central Office, will be notified. Direct questions about this section to the institution’s CMC.

7. § 570.45 Violation of escorted trip. (a) Staff shall process as an escapee an inmate who absconds from an escorted trip. (b) Staff may take disciplinary action against an inmate who fails to comply with any of the conditions of the escorted trip.

8. SELECTION OF ESCORTS

The Captain, in consultation with the HSA, Unit Manager, or others as appropriate, selects the number of escorting employees.

The Captain indicates on the approval form the specific employee, ordinarily with the highest Correctional Services rank, who serves as OIC. Where employees are non-Correctional Services, the Captain indicates which employee is the OIC. This person has decision-making authority and responsibility on the trip.

Depending on the inmate’s custody and other conditions imposed by the Warden, the requirements outlined below apply. The designated employees, weapons, and restraint requirements for an escorted trip remain in effect while the inmate is in in-patient status. This also applies to contract guard services.

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For MAXIMUM custody inmates, any deviation from the requirements listed requires the Regional Director’s prior approval. In the event an IN custody inmate is admitted to an outside hospital and is medically incapacitated, and the need exists to reduce staffing, the Warden must request, through the Regional Director, a waiver to policy from the Assistant Director, Correctional Programs Division. Examples of such medical conditions include coma, paralysis, mechanical ventilation, or incapacitation (inadequate strength or ability) that inhibit the inmate’s ability to conduct activities of daily living on an independent basis.

Escorts who carry weapons must follow the requirements of the Program Statement Use of Force, Application of Restraints, and Firearms. Restraint requirements must be per the Program Statement Correctional Services Manual.

Upon reporting for duty, escort employees are required to obtain an MK-4 OC aerosol spray from a secure storage location (normally the Control Center) during their hours of work. Employees must follow the requirements for the use of OC per the Program Statement Oleoresin Capsicum (OC) Aerosol Spray.

Escort employees must be certified in Basic Prisoner Transportation (BPT) training. Review training documentation prior to assigning employees to an escorted trip to ensure they are currently BPT qualified.

Employees assigned to armed medical escort posts on the quarterly roster will shoot a course of fire for proficiency purposes prior to the beginning of the quarter. In preparation for the escorted trip, the Clinical Director or designee makes restraint recommendations based on the inmate’s medical condition. The Captain makes recommendations based on security needs, and the Warden makes the final determination. In any case in which restraints are used, the type of restraints and factors supporting the decision should be documented in the BP-A0502, Escorted Trip Authorization form. During unusual medical or life-threatening circumstances, the Warden, after consulting with the Chasain and the HSA, considers all factors concerning the type(s) of restraints that may be necessary to meet the security needs for the inmate. An example includes transporting inmates with fractured limbs or serious neck injuries. When similar factors are present, the Warden balances the inmate’s security needs with their medical requirements. Refer to the Program Statement Use of Force, Application of Restraints, and Firearms.

The existence of unusual factors may cause the Warden or designee to:

• not use all required restraints,

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• increase employee escorts,
• consider authorizing the use of a weapon, wheelchair, soft or vinyl restraints, chase vehicle, etc.

If it is necessary to deviate from the norm, the BP-A0502, Escorted Trip Authorization, must reflect factors used to support the decision. Under no circumstances will an inmate’s mouth be taped, or any other object placed over the inmate’s mouth that could impair breathing in any way. Face coverings are authorized to be placed upon inmates when medically necessary.

a. MAXIMUM Custody. Contract guard services may not be used.

(1) Staffing. A minimum of three employee escorts are required for each inmate, with one employee holding the rank of at least GS-11 Lieutenant. In emergency situations, a GS-09 Lieutenant may be used at the discretion of the Captain. In addition, there must be employees in a back-up car (follow vehicle). It is recommended two employees occupy the back-up car.

The employee-to-inmate ratio is maintained regardless of the number of inmates supervised. At least one escort, in addition to the Lieutenant, must be a non-probationary employee.

(2) Weapons. A minimum of two employee escorts must be armed. Employees in the follow vehicle must also be armed. It is recommended employees carry three fully loaded magazines of ammunition with each weapon, in addition to the magazine in the weapon.

(3) Restraints. Handcuffs with the C&S handcuff cover, martin chains, padlock, and leg restraints are used at all times.

(4) Protective Vests. Vests will be worn in accordance with the Program Statement Correctional Services Manual.

b. IN Custody. Contract guard services may be used for IN custody inmates who are

MINIMUM or LOW security levels. Contract guard services are not used for MEDIUM and HIGH security inmates.

(1) Staffing. A minimum of two employee escorts is required for the first inmate, with one additional employee required for each additional inmate. The Warden may require an additional number of escorts if they determine it is warranted. At least one escorting employee must be non-probationary.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 13 (2) Weapons. The Warden determines if escorting employees will be armed. If weapons are authorized, a minimum of two employees escort IN custody inmates, with at least one employee armed.

(3) Restraints. Handcuffs with martin chains will be used at all times. Additional restraint equipment may be used at the escorting officers’ discretion.

(4) Protective Vests. Vests will be worn in accordance with the Program Statement Correctional Services Manual.

c. OUT Custody. Contract guard service may be used.

(1) Staffing. At least one employee must be non-probationary. One employee may escort a maximum of five OUT custody inmates. In certain circumstances, additional employees may be required to maintain constant visual supervision during the escort (e.g., medical appointments requiring examinations in separate rooms).

(2) Weapons. No weapons are required.

(3) Restraints. Restraints may be used at the discretion of the escorting officer(s).

d. COMMUNITY Custody. Contract guard service may be used.

(1) Staffing. At least one employee must be non-probationary. One employee may escort a maximum of five COMMUNITY custody inmates. In certain circumstances, additional employees may be required to maintain constant visual supervision during the escort (e.g., medical appointments requiring examinations in separate rooms).

(2) Weapons. No weapons are required.

(3) Restraints. No restraints are required.

e. Other Considerations.

• For guidance regarding the use of restraints on pregnant or postpartum inmates, see Program Statement Female Offender Manual.
• At least one employee of the same sex as the inmate is assigned to escort inmates with IN, OUT, COMMUNITY, or MAXIMUM custody.
• Privately owned vehicles are not used for escorted trips.

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• Inmate movement from institution to institution by means other than a bus (e.g., van movements), is conducted as outlined in this Program Statement. Staffing requirements for an escorted trip apply to inmate movements.
• Weapons should be given to another officer when close physical contact with an inmate is possible or likely.

9. AUTHORIZATION FOR USING A CUSTODY CONTROL BELT

Electronic Custody Control Belts (e.g., REACT, Band-it) are approved for use with MAXIMUM custody inmates. When a MAXIMUM custody inmate is being transported, only the Warden or designee may approve using an Electronic Custody Control Belt. The approving official authorizes using the belt only after determining an inmate requires greater security than is afforded through conventional restraints and has no medical condition precluding its use.

Electronic Custody Control Belts are approved for use with inmates assigned a Special Management Unit (SMU) designation or housed at a SMU facility. Only the Warden or designee may approve using an Electronic Custody Control Belt for escorted trip purposes. The approving official authorizes using the belt only after determining that an inmate requires greater security than is afforded through conventional restraints and has no medical condition precluding its use.

a. Use of Other Restraints. The custody control belt is not intended for use in lieu of

conventional restraints, but in addition to such restraints. Escorting employees may reduce minimum restraint requirements only if the Warden has given specific prior approval.

While the Electronic Custody Control Belt is intended to provide a less-than-lethal security option for high-risk escorts, in the interest of general safety, employees must follow the requirements on the use of deadly force in the Program Statement Use of Force, Application of Restraints, and Firearms.

It is Bureau policy to use Electronic Custody Control Belts to prevent escapes or to prevent the loss of life or grievous bodily harm.

(1) Escape Prevention. In an attempted escape, verbal orders to halt are first given to the inmate wearing the belt. If the inmate fails to halt immediately, the belt is activated. If the inmate has escaped and is out of view of the escorting officer, a verbal warning to halt is not necessary.

This does not preclude, in certain circumstances, using deadly force, which may or may not be used before activating the belt. See the Program Statement Use of Force, Application of Restraints, and Firearms.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 15 (2) Preventing Loss of Life or Grievous Bodily Harm. Employees may use the custody control belt when there is a reasonable belief the inmate’s actions are likely to result in the loss of life or grievous bodily harm to employees, inmates, or others.

The escort detail’s OIC must exercise sound judgment when making a decision to activate the belt. Verbal orders are not required if the employee reasonably believes a danger of death or grievous bodily harm is imminent.

b. Authorized Official. The OIC of any escort detail when the Electronic Custody Control Belt

is used must be a GS-11 Lieutenant trained in its use. In emergency situations, a GS-09 Lieutenant certified in the use of the Electronic Custody Control Belt may be used at the discretion of the Captain.

Training encompasses either training by a vendor representative of the custody control belt or a Bureau employee whom a vendor has certified to provide training. The Employee Development Manager documents training.

Only the escort detail’s OIC may carry and use the activating device for the belt. Only after mandatory Electronic Custody Control Belt training may a GS-9 or GS-11 Lieutenant serve as the OIC, or as a member of a team escorting an inmate approved to wear the belt.

Before applying the belt, the OIC completes the BP-A0599, Electronic Custody Control Belt Documentation form. The justification for the approval to use the belt must be documented in detail on the BP-A0502, Escorted Trip Authorization form.

10. USING A CUSTCONTROL BELT

a. Health Services Review. When Health Services employees review the BP-A0502, Escorted

Trip Authorization form, a specific indication is made for each MAXIMUM custody or SMU inmate as to whether any medical condition would preclude using a custody control belt. Disqualifying medical situations include:

• Pregnancy and postpartum inmates (the 12 weeks following a pregnancy outcome, as determined by the health care provider)
• Heart disease.
• Multiple sclerosis.
• Muscular dystrophy.
• Epilepsy.

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 16 Only a health services professional (Physician, Physician Assistant, or Nurse Practitioner) may conduct this review, which includes a review of the inmate’s health record and other documentation at the institution.

b. Inmate Notification. Before applying the belt, the inmate is advised by the OIC that the belt is going to be placed on them, and under what circumstances it can be activated. This is done by allowing the inmate to read, or have read to them, the BP-A0600, Inmate Notification of Electronic Custody Control Belt Use form.

If possible, the inmate is given the opportunity to sign the form. However, if this is not possible or if the inmate refuses, employees document this refusal on the form.

11. CUSTODY CONTROL BELT REPORTING REQUIREMENTS

If the custody control belt is activated while being worn by an inmate, the escort detail OIC notifies the approving Warden or designee as soon as possible.

a. Medical Examination. Health Services employees examine the inmate as soon as possible

after activation of the belt and document the examination in the inmate’s health record. Any injuries, bruises, or marks on the inmate’s body are documented via photograph or video, which the Captain must retain. When an examination may not be possible (e.g., lengthy escorted trip), escorting employees go to a local medical facility for examination and possible treatment.

b. OIC Reports. The OIC submits both a written report and page two of the BP-A0599,

Electronic Custody Control Belt Documentation form to the Warden whenever the belt is activated while worn by an inmate. Reports are submitted before the end of the OIC’s tour of duty.

c. Use of Force Reports. Per the Program Statement Use of Force and Application of

Restraints, and Firearms both the BP-E583, Report of Incident, and the BP-E586, After-Action Review Report, are completed and routed.

d. Reports to Regional and Central Office. The Warden submits a full written report of an

incident involving activation of the belt to the Regional Director within 24 hours. Copies are sent to the Assistant Directors, Correctional Programs Division and Health Services Division.

12. CUSTODY CONTROL BELT TRAINING RESPONSIBILITIES

a. Electronic Custody Control Belt. The Correctional Services Administrator, Central Office,

in conjunction with the Management and Specialty Training Center, provides training regarding

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 17 the Electronic Custody Control Belt. This is also provided at each institution where the belt is authorized.

The Warden at each ADMAX, High, SMU, and Administrative security level institution ensures only GS-9 and GS-11 Lieutenants who have been trained and certified on the Electronic Custody Control Belt’s application, operation, effectiveness, and follow-up requirements are authorized to apply it.

b. Escorted Trip. The Captain at each institution ensures all employee escorts are trained in

accordance with this Program Statement.

13. PROGRAM REVIEW RESPONSIBILITIES

The Program Review Division and Correctional Services Branch, Correctional Programs Division review the Escorted Trip Program. The Warden may select appropriate employees to conduct periodic internal reviews.

14. SYSTEMS DATA ENTRY

Correctional Systems employees enter admission and release transactions in the applicable Bureau inmate information system. After normal duty hours, if no Correctional Systems employees are available, Correctional Services employees complete these transactions.

15. CONFIDENTIALITY

Except in unusual circumstances, inmates scheduled for an escorted trip may not be advised of the:

• time of the trip
• date of the trip
• method of travel
• destination

5538.08 4/8/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 18

REFERENCES

Program Statements 5280.09 Inmate Furloughs (1/20/2011) 5200.07 CN-1 Female Offender Manual (7/8/2022) 5500.15 CN-1 Correctional Services Manual (4/4/2023) 5540.09 Prisoner Transportation Manual (4/8/2024) 5576.12 CN-1 Oleoresin Capsicum (OC) Aerosol Spray (6/15/2021) 6031.04 Patient Care (6/3/2014) 7331.05 Pretrial Inmates (8/1/2023) 4500.12 Trust Fund/Deposit Fund Manual (3/14/2018) Pending Program Statement Use of Force, Application of Restraints, and Firearms

Bureau Forms BP-199 Request for Withdrawal of Inmate’s Personal Funds BP-A0502 Escorted Trip Authorization BP-A0599 Electronic Custody Control Belt Documentation BP-A0600 Inmate Notification of Electronic Custody Control Belt Use BP-A0821 Transfer Receipt BP-A0938 Conditions of Escorted Trip BP-A0939 Escort Instructions BP-E583 Report of Incident BP-E586 After-Action Review Report

Federal Regulations 28 CFR 570.40 through 570.45.

ACA Standards Performance-Based Standards for Adult Detention Facilities, 4th Edition: 4-ALDF-1B-06, 4- ALDF-2B-02, 4-ALDF-2B-02-1, 4-ALDF-2B-04, 4-ALDF-2B-08(M), 4-ALDF-4C-05, and 4-

ALDF-4C-06.

Performance-Based Standards and Expected Practices for Adult Correctional Institutions, 5th Edition: 5-ACI-3A-25, 5-ACI-3A-15, 5-ACI-3A-16, 5-ACI-3A-17, 5-ACI-3A-33(M), 5-ACI- 6A-05, 5-ACI-6A-06, 5-ACI-5F-04.

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet site.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026