Program Statement 1315.08 at a glance
| Field | Value |
|---|---|
| Program Statement | 1315.08 |
| Subject | Inmate Legal Activities |
| Effective / current edition date | May 7, 2026 (printed on the PDF header as “Date May 7, 2026”); approved by William K. Marshall III, Director; DPI OGC |
| Change notice | None on this edition. It incorporates the prior edition’s Change Notice 1315.07, CN-1, on alternative legal access arrangements |
| Supersedes / rescinds | 1315.07, CN-1, Legal Activities, Inmate (8/1/2023) |
| Governing statute | 18 U.S.C. § 4004 (oaths and acknowledgments); 28 U.S.C. § 1746 (unsworn declarations) |
| Governing regulation (28 C.F.R.) | Part 543, subpart B — Inmate Legal Activities, §§ 543.10–543.16 (7 sections). Section 543.13 was amended by interim final rule at 89 FR 8332 (Feb. 7, 2024) |
| Related BP forms | BP-A1155 E-Discovery Material Authorization; BP-A0241 Visiting Attorney Statement; BP-A0242 Paralegal or Legal Assistant Agreement; BP-A0243 Application to Enter Institution as Representative; BP-A0660 Criminal History Check; BP-199 Request for Withdrawal of Inmate’s Personal Funds |
| Official PDF | PS 1315.08, Inmate Legal Activities (May 7, 2026) |
Checked against the BOP policy set · 2026-09-06.
Program Statement 1315.08 is the Bureau of Prisons’ instruction to staff on how a person in federal custody works on their own case: legal research, how much legal paperwork they may keep, attorney visits, help from another incarcerated person, and how discovery gets in. It is brand new — it took effect on May 7, 2026, and it made the single largest structural change to federal prison legal access in decades by eliminating the requirement that institutions maintain physical law libraries.
Two companion pages carry the practical side. Attorney-client communications in the federal Bureau of Prisons covers how to reach counsel — legal calls, legal mail and scheduling a visit. The prison law library covers what research is actually available on a TRULINCS terminal and how to get time on one. This page is the rule set: the electronic law library, the cubic-foot storage floors, the attorney-visit rules as amended in 2024, the inmate-to-inmate assistance limits and the grounds for restricting a lawyer’s access — quoted from the Program Statement and the regulation with page pin-cites.
On this page
The rule itself: the legal-access rule set in PS 1315.08
This Program Statement does not contain a code table or a point scale. What it contains is a set of discrete, numeric, quotable rules scattered across twenty-two pages — the access allowances a person actually needs to know. They are collected here verbatim, each with its own pin-cite, followed by the two enumerated lists in the Program Statement and the form set.
Read one distinction into every line below. Where the text is drawn from 28 C.F.R. part 543 it is regulation, and it binds the Bureau. Where it is an implementing instruction — including every cubic-foot figure and every day count — it is Bureau policy, which the Bureau may change without notice and which a reader cannot enforce as though it were a regulation.
Research, time and materials
| Rule | What PS 1315.08 states, verbatim | Regulation or policy | Pin-cite |
|---|---|---|---|
| The law library | “All Bureau institutions will maintain electronic law libraries (ELL) containing materials listed on the ITDD page of the Bureau’s intranet site. Inmates may access the ELL on the TRULINCS computer system.” | Policy | p. 2 |
| Where the terminals are | “TRULINCS workstations are ordinarily located in housing units, Special Housing Units (SHU), the Education Department, and other locations deemed appropriate by the Warden.” | Policy | pp. 2–3 |
| Printing | “Each institution must have print stations that allow inmates to print material from the ELL.” | Policy | p. 3 |
| Extra research time for a deadline | “Inmates who demonstrate a requirement to meet an imminent court deadline, ordinarily within 30 days, may be allowed additional time to conduct legal research on the ELL. If additional time is needed, the inmate should submit a request to their Unit Management team.” | Policy | p. 3 |
| After a lockdown | “Access to ELL workstations should be available as soon as practicable following a lockdown or other disruptive event that results in loss of access to ELL workstations.” | Policy | p. 3 |
| Library hours | “The Warden shall make materials in the inmate law library available whenever practical, including evening and weekend hours.” | Regulation, § 543.11(a) | p. 4 |
| Leisure-time research | “The Warden shall allow an inmate a reasonable amount of time, ordinarily during the inmate’s leisure time (that is, when the inmate is not participating in a scheduled program or work assignment), to do legal research and to prepare legal documents.” | Regulation, § 543.11(a) | p. 4 |
| Special time allowance | “The Warden shall give special time allowance for research and preparation of documents to an inmate who demonstrates a requirement to meet an imminent court deadline.” | Regulation, § 543.11(i) | p. 10 |
| Storage of legal materials, general population | “Ordinarily, the amount may not be restricted below three cubic feet per inmate.” | Policy | p. 7 |
| Storage of legal materials, segregation or detention | “In a segregation or detention area, the amount ordinarily may not be restricted below one cubic foot per inmate.” | Policy | p. 7 |
| Segregation, restated | “A reasonable amount of personal legal material in segregation or detention is approximately one cubic foot. Greater amounts may be allowed when an inmate has an imminent court deadline.” | Policy | p. 10 |
| Excess material | “Inmates will be provided the opportunity to dispose of or send home excess legal material not in use at the inmate’s expense.” | Policy | p. 7 |
| Access in segregation | “With consideration of the needs of other inmates and the availability of staff and other resources, the Warden shall provide an inmate confined in disciplinary segregation or administrative detention a means of access to legal materials, along with an opportunity to prepare legal documents.” | Regulation, § 543.11(j) | p. 10 |
| Copies | “The institution staff shall, upon an inmate’s request and at times scheduled by staff, duplicate legal documents if the inmate demonstrates that more than one copy must be submitted to court … The inmate shall bear the cost … Staff may waive the cost if the inmate is without funds or if the material to be duplicated is minimal.” | Regulation, § 543.11(g) | pp. 9–10 |
| Typing | “Unless clearly impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the inmate cannot type, to have another inmate type his documents.” | Regulation, § 543.11(h) | p. 10 |
Source: PS 1315.08 at pp. 2–10; 28 C.F.R. § 543.11.
Attorney visits
| Rule | What PS 1315.08 states, verbatim | Regulation or policy | Pin-cite |
|---|---|---|---|
| Frequency | “The Warden generally may not limit the frequency of attorney visits since the number of visits necessary is dependent upon the nature and urgency of the legal problems involved.” | Regulation, § 543.13(b) | p. 11 |
| Privacy of the room | “Attorney visits shall take place in a private conference room, if available, or in a regular visiting room in an area and at a time designed to allow a degree of privacy.” | Regulation, § 543.13(b) | p. 11 |
| Scheduling — sentenced facilities | “For Bureau institutions that do not house pretrial detainees and unsentenced individuals, the attorney shall make an advance appointment for the visit through the Warden prior to each visit. However, the Warden shall make every effort to arrange for a visit when prior notification is not practicable.” | Regulation, § 543.13(c) | p. 12 |
| Scheduling — pretrial facilities | “Bureau institutions that house pretrial detainees and unsentenced individuals will allow scheduled and unscheduled attorney visits during designated attorney visitation hours.” | Regulation, § 543.13(c) | p. 12 |
| Pretrial availability | “The Program Statement Pretrial Inmates advises that pretrial facilities will provide the opportunity for attorney-client visits on a seven-days-a-week basis during established hours.” | Policy | p. 12 |
| No listening in | “Staff shall not subject visits between an attorney and an inmate to auditory supervision.” | Regulation, § 543.13(e) | p. 13 |
| Recording | “The Warden may permit tape recordings to be used by an attorney during the course of a visit only if the attorney states in writing in advance of the interview that the sole purpose of the recording is to facilitate the attorney-client or attorney-witness relationship.” | Regulation, § 543.13(e) | p. 13 |
| Subject matter | “The Warden may not ask the attorney to state the subject matter of the law suit or interview.” | Regulation, § 543.13(d) | p. 12 |
| Criminal history check | “Licensed attorneys are not required to submit the BP-A0660, Criminal History Check form.” | Policy | p. 12 |
| Searches | “The Warden may, at any time, subject an attorney to a search of his person and belongings for the purpose of ascertaining if contraband is present, as a condition of visiting an inmate.” | Regulation, § 543.13(f) | p. 15 |
| Devices | “Cell phones, smart watches, smart glasses, and any other cellular or Wi-Fi capable devices (except authorized laptops) are prohibited within the secure confines of the institution.” | Policy | p. 13 |
| Laptops | “Authorized laptops may only be used for professional purposes related to legal representation … All authorized electronic devices are subject to physical inspection for contraband, and all wireless connectivity functions must be turned off. Access to the internet in any way is prohibited.” | Policy | pp. 13–14 |
| Laptop denial at a pretrial facility | “If good cause exists to deny an attorney or their approved legal assistant permission to bring a laptop into a pretrial facility, the Warden must document the reasons for the denial and confer with the Regional Counsel prior to denying use of the laptop.” | Policy | p. 14 |
| Retained experts | “At Bureau institutions whose mission is to house convicted individuals, attorneys must obtain the Warden’s approval, at least seven days in advance, for a retained expert to visit with a client.” | Policy | p. 17 |
| Denied entry | “A legal visitor denied entry may submit a request to the Warden for a written explanation, which should ordinarily be submitted within seven days of the denied entry. The Warden should ordinarily respond within 21 days of receiving the request” | Policy | p. 13 |
| Suicide watch | “A legal visit should not be denied solely due to an individual’s placement on suicide watch or psychological observation.” | Policy | p. 14 |
Source: PS 1315.08 at pp. 11–17; 28 C.F.R. § 543.13.
The enumerated grounds for limiting or denying an attorney’s access
Section 543.14(a) states the standard and then lists four examples. This is one of only two closed lists in the Program Statement, and it is the one counsel needs.
| # | Acts by an attorney that may warrant limitation or denial |
|---|---|
| (1) | A false statement as to the attorney’s identity or qualifications |
| (2) | A plan, attempt, or act to introduce contraband into the institution |
| (3) | A conspiracy to commit, an attempt to commit, or the actual commission of an act of violence within an institution |
| (4) | Encouraging an inmate to violate the law, Bureau of Prisons rules, or local implementing guidelines |
Source: PS 1315.08 at p. 15, quoting 28 C.F.R. § 543.14(a).
The threshold is high and the default is the lesser sanction: the conduct must be “[a]n act by an attorney which violates Bureau regulations or institution guidelines and which threatens the security, good order, or discipline of the institution.” Under § 543.14(b), “[u]nless the breach of regulations is extreme or repeated, limitation rather than a denial of visitation or correspondence rights is proper, especially where the inmate is represented by the attorney and is confronted with a court deadline.” Section 543.14(c) protects the client separately: an act by the incarcerated person warrants limitation “only if necessary to protect institution security, good order, or discipline,” and “[t]he Warden may not deny correspondence or visiting rights with attorneys generally.” The Program Statement adds at pp. 15–16 that “[t]he Warden must consult with the Regional Counsel before taking action” under both subsections.
Appeals split: “The attorney may appeal any limitation or denial by the Warden of attorney visits or correspondence rights to the Regional Director. The inmate affected may appeal through the Administrative Remedy Procedures” (§ 543.14(d); PS 1315.08 at p. 16).
Help from another incarcerated person
| Rule | What PS 1315.08 states, verbatim | Pin-cite |
|---|---|---|
| The permission | “[A]n inmate may assist another inmate in the same institution during his or her leisure time … with legal research and the preparation of legal documents for submission to a court or other judicial body.” (§ 543.11(f)(1)) | p. 8 |
| No payment | “Because no inmate may conduct a business, the assisting inmate may not receive compensation.” | p. 8 |
| No entitlement | “Any assistance offered by one inmate to another is voluntary. An inmate is not entitled to assistance from any specific inmate.” | p. 8 |
| No jailhouse-lawyer status | “The assisting inmate must not be provided any privileges ordinarily afforded to attorneys or paralegals, clerks, and legal assistants, even if the inmate was an attorney before their incarceration.” | p. 8 |
| Where | “[A]n inmate may possess another inmate’s legal materials while assisting the other inmate in the institution’s main law library and in another location if the Warden so designates.” (§ 543.11(f)(2)) | p. 8 |
| Nothing leaves the library | “The assisting inmate may not remove another inmate’s legal materials, including copies of the legal materials, from the law library or other designated location.” | p. 8 |
| Notes | “An assisting inmate is permitted to make handwritten notes and to remove those notes … if the notes do not contain a case caption or document title or the name(s) of any inmate(s).” | p. 8 |
| Different institutions | “Inmates who are in different institutions are prohibited from providing legal assistance to each other except to the extent that they may be allowed to correspond with each other about current legal matters.” | p. 8 |
| Enclosed legal material | “Enclosed legal material, however, is subject to inspection and can be read or copied.” | p. 8 |
| Warden’s override | “The Warden at any institution may impose limitations on an inmate’s assistance to another inmate in the interest of institution security, good order, or discipline.” (§ 543.11(f)(4)) | p. 9 |
Source: PS 1315.08 at pp. 8–9; 28 C.F.R. § 543.11(f).
Electronic discovery — new in this edition
The 2026 edition creates a route for e-discovery that did not exist before, and it has a hard structure. E-discovery “may only be accepted from the inmate’s attorney or a U.S. Attorney’s Office and must be read-only format,” requires “prior approval from the Warden or their designee,” and requires the sending attorney to “complete and submit the BP-A1155, E-Discovery Material Authorization form.” Permitted media are “external hard drives and USB thumb drives”; “Compact discs (CDs) and Digital Video Discs (DVDs) are not authorized” (PS 1315.08 at p. 5).
There are two categories, and the sending attorney designates which applies:
| Category | Definition as printed in PS 1315.08 |
|---|---|
| Normal Access E-Discovery (NAE-D) | “discovery material that an inmate may possess when not actively viewing it and the material does not pose an unacceptable risk if viewed or accessed by others. This is the default category of e-discovery access and should be the more common way for an inmate to receive and access e-discovery.” |
| Sensitive Access E-Discovery (SAE-D) | “e-discovery materials that cannot be in the inmate’s possession except during active viewing and must be reviewed in a private, secure area. These materials pose an unacceptable risk if viewed or accessed by others. SAE-D is ordinarily subject to a protective or discovery order. If the material is not subject to a protective order, the sending attorney must submit an explanation to justify categorizing the discovery material as SAE-D. The media containing SAE-D material must be secured by staff when not in use. The submitting attorney is responsible for marking such materials as SAE-D.” |
Source: PS 1315.08 at p. 6.
The privilege protection is stated in one sentence at p. 6: “Staff may not read the content and copying is prohibited.” Media are scanned for viruses and malware and searched externally, and “[i]f staff discover that the device includes prohibited data, the sending attorney will be contacted to resolve the issue.” Every institution is allocated stand-alone review computers, and “[d]iscovery computers should be positioned in a manner that allows opportunity to view the material in a confidential setting to the greatest extent practicable.”
Oaths, affirmations and unsworn declarations
Most federal filings need no notary at all. 28 U.S.C. § 1746 allows an unsworn written declaration, “subscribed by him, as true under penalty of perjury, and dated,” to be used “with like force and effect” as a sworn affidavit wherever federal law requires one — with three exceptions the statute names: a deposition, an oath of office, and an oath required to be taken before a specified official other than a notary public. PS 1315.08 at p. 19 states the point plainly — “Since most documents inmates sign are pursuant to a United States law, rule, or regulation, a sworn oath is often not required” — and prints the wording for a domestic declaration:
“I declare (or certify, verify or state), under penalty of perjury, that the foregoing is true and correct. Executed on (date).”
Where an oath genuinely is required — a deposition, or a document going to a state court or state agency — 18 U.S.C. § 4004 supplies the officials: “The wardens and superintendents, associate wardens and superintendents, chief clerks, and record clerks, of Federal penal or correctional institutions, may administer oaths to and take acknowledgments of officers, employees, and inmates of such institutions, but shall not demand or accept any fee or compensation therefor.” PS 1315.08 at p. 19 adds that “institution Case Managers are considered to be chief clerks and record clerks” for this purpose, and directs at § 543.11(e) that staff authorized to administer oaths “shall be available to provide necessary witnessing of these documents, as requested by inmates and at times scheduled by staff.” Affirmations are offered “for individuals who cannot or do not wish to swear or take oaths,” and the Program Statement warns at p. 20 that “[a]ny document witnessed without the initiator’s taking the oath or affirmation may be invalid.”
The form set
| Form | What it does | Where it comes from |
|---|---|---|
| BP-A1155 E-Discovery Material Authorization | The attorney’s request for Warden approval to send e-discovery media. New in the 2026 edition; may be tailored locally | PS 1315.08 at pp. 5, 21 |
| BP-A0241 Visiting Attorney Statement | Sample statement institutions may use locally, including the written statement supporting a request to record | PS 1315.08 at pp. 13, 21 |
| BP-A0242 Paralegal or Legal Assistant Agreement | Confirms an attorney’s request that a student or legal assistant correspond with or visit a client | PS 1315.08 at pp. 16, 21 |
| BP-A0243 Application to Enter Institution as Representative | Completed by the legal assistant and the sponsoring attorney; the Warden may require it of each student or assistant | PS 1315.08 at pp. 16, 18, 21 |
| BP-A0660 Criminal History Check | Required of legal assistants and of interpreters; not required of licensed attorneys. NCIC clearance for legal assistants “will be valid for one year absent good cause” | PS 1315.08 at pp. 12, 17, 18 |
| BP-199 Request for Withdrawal of Inmate’s Personal Funds | The “green form” used for reimbursement where legal copies were made at government expense | PS 1315.08 at pp. 10, 21 |
Source: PS 1315.08 at pp. 5, 10, 12–13, 16–18, 21. Legal assistants employed by a Federal Public Defender office “that have received credentials from their employing office should not be required to clear the criminal history check” (p. 18).
What the legal activities policy means for you
If you are the person inside: the law library is now electronic
The law library you may have heard about is gone as a physical requirement. Research now runs on TRULINCS terminals, and access is a function of terminal availability rather than library hours. If you have a court deadline, the lever is specific: PS 1315.08 at p. 3 provides that a person who “demonstrate[s] a requirement to meet an imminent court deadline, ordinarily within 30 days, may be allowed additional time,” and directs that the request go to your Unit Management team. Make the request in writing on a cop-out, attach or quote the order setting the deadline, and keep a copy. Section 543.11(i) — regulation, not policy — directs that the Warden “shall give special time allowance” in that situation.
On paperwork: three cubic feet in general population and roughly one cubic foot in the SHU are the Bureau’s own floors, and a limit below them is contrary to the Program Statement. If you are moved to segregation with a filing deadline pending, say so immediately — the Program Statement provides that “[g]reater amounts may be allowed when an inmate has an imminent court deadline” (p. 10). Do not hand your only copy of anything to another incarcerated person; the rules bar them from removing your materials from the library, and material left unattended there “may be disposed of as nuisance contraband.”
If you are a family member: two things you can do
You cannot do this part for your loved one, but you can do two things that help. First, get their lawyer the right procedural information: whether the facility houses pretrial or sentenced people determines whether the lawyer can walk in during designated hours or must schedule in advance, and whether a laptop needs approval before the visit or can be requested at the door. Second, understand what changed in May 2026 so you can spot a real problem. The Bureau moved legal research onto TRULINCS terminals. If your loved one tells you the terminals are down, or that they cannot get time on one with a deadline approaching, that is a concrete, documentable problem with a defined route — not a complaint about conditions.
If a facility goes into lockdown, the 2026 edition added something families should know by name. Each facility must develop alternative legal access arrangements for events lasting more than 24 hours, and where legal access or visiting is restricted, “staff must make all reasonable efforts to notify all known parties affected by the disruption. This includes, but is not limited to inmate families, defense counsel, local courts, and the public” (p. 12). For pretrial facilities, notice must also go to the Federal Public Defender, the district court and the U.S. Attorney’s office.
If you are counsel: legal access
Read § 543.13 in its current form before your next visit; it is not the rule you learned. The interim final rule at 89 FR 8332, effective February 7, 2024, is the first substantive amendment to the attorney-visit regulation since 1979, and it created the pretrial/sentenced split now codified at § 543.13(c): unscheduled visits during designated hours at facilities housing pretrial and unsentenced people, advance appointments everywhere else. PS 1315.08 at p. 12 confirms the operational line — “Attorneys seeking to visit clients at Bureau institutions whose mission is to house convicted individuals are required to make an advance appointment for a legal visit.”
Three practical items. Laptops: at a pretrial facility you may bring one for the attorney-client relationship, and a denial requires the Warden to document good cause and confer with Regional Counsel; at a sentenced facility, request it in the visit request, because “[i]f the laptop is not approved in advance, the laptop will ordinarily not be allowed inside the institution” (p. 14). Experts: seven days’ advance approval at sentenced facilities, with a general statement of purpose and a list of items the expert will bring; the Program Statement permits medical and mental-health experts to visit as defense-team members but states they “may not provide therapy or treatment to the client during a legal visit” (pp. 17–18). Assistants and experts: the “legal assistant” definition now expressly “includes paralegals, law clerks, legal assistants, investigators, and experts designated by an attorney,” and status “depends upon an ongoing, supervisory relationship with an attorney on an approved visiting/correspondence list” (p. 17).
On access-to-courts claims, keep the two governing cases in the right order. Bounds v. Smith, 430 U.S. 817 (1977), held that “the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Lewis v. Casey, 518 U.S. 343 (1996), narrowed that substantially: it requires a showing of “actual injury” — that the inadequacy “hindered his efforts to pursue a nonfrivolous legal claim” — and held that “Bounds did not create an abstract, freestanding right to a law library or legal assistance,” so a prisoner “cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program is subpar in some theoretical sense.” Lewis also confined the protected category: the tools required “are those that the inmates need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement.” A complaint about the electronic law library that does not tie the defect to a specific frustrated, nonfrivolous filing will not survive Lewis.
What changed with Program Statement 1315.08
PS 1315.08 took effect May 7, 2026, approved by Director William K. Marshall III, and rescinded 1315.07, CN-1, Legal Activities, Inmate (8/1/2023). The Summary of Changes at pp. 1–2 is unusually long. Four items matter most.
Physical law libraries are gone. The Program Statement states flatly that it “[e]liminates requirement to maintain physical law libraries. Law library materials are now available to inmates via an electronic law library (ELL).” The change eliminated Attachments A, B and C — the lists of required volumes — replacing them “with a list of resources in the ELL maintained on the Information Technology and Data Division (ITDD) page of the Bureau’s intranet site.” That last point deserves emphasis: the contents of the electronic law library are now maintained on an internal page that is not public, so what a federal prisoner has access to is no longer published in the Program Statement.
The attorney-visit regulation was amended in 2024 and is now folded in. The Summary of Changes records that “Bureau regulations regarding attorney visits were amended by an interim final rule published in 89 Fed. Reg. 8330 (Feb. 7, 2024). Those changes are incorporated in Section 7.” The amendment is carried in the current § 543.13 with the register note [44 FR 38263, June 29, 1979, as amended at 89 FR 8332, Feb. 7, 2024], effective the day it published.
Electronic discovery is now provided for. The edition “[c]reates BP-A1155, E-Discovery Material Authorization form” and “[p]rovides guidance on inmate access to discovery material produced in their criminal case in electronic format (e-discovery), and guidance on Bureau provided stand-alone computers that allow review of e-discovery material.”
The 2023 change notice is absorbed. The edition “[i]ncorporates Change Notice 1315.07, CN-1, addressing alternative legal access arrangements and notification of visiting disruption when a significant or disruptive event affects legal and/or social visiting.”
Smaller additions in the same list: guidance on enforcing the dress code for legal visitors; guidance on laptop use during legal visits; clarified procedures for admitting legal assistants and a definition of who qualifies; guidance on attorney-retained expert visits; and guidance on legal visits for people on suicide watch or psychological observation.
And here is the divergence no competitor page carries. The Program Statement eliminated physical law libraries. The regulation did not change. Section 543.10 still provides — in text last amended at 46 FR 59509 (Dec. 4, 1981) — that “[t]he Warden shall establish an inmate law library, and procedures for access to legal reference materials and to legal counsel, and for preparation of legal documents.” Section 543.11(a) still directs that “[t]he Warden shall make materials in the inmate law library available whenever practical, including evening and weekend hours,” and § 543.11(b) still directs that the Warden “periodically ensure that materials in each inmate law library are kept intact and that lost or damaged materials are replaced.” Section 543.11 was last amended at 62 FR 4893 (Jan. 31, 1997). The Bureau has changed its internal instruction ahead of the rule that binds it. Whether an electronic law library satisfies §§ 543.10 and 543.11 is an open question that has not been answered by rulemaking, and the Program Statement is agency policy, not law.
Where people get stuck without terminal time
No time on the terminal with a deadline running
This is now the most common legal-access problem in the Bureau, and it has a defined route. Start with an Inmate Request to Staff, BP-A0148, to the Unit Manager, stating the court, the case number, the deadline date and the specific relief requested — additional ELL time under Section 2 of PS 1315.08 and the special time allowance under § 543.11(i). Attach the order. If that fails, the administrative remedy route runs informal resolution → BP-9 within 20 calendar days of the date the basis for the request occurred (28 C.F.R. § 542.14) → BP-10 within 20 calendar days of the Warden’s signed response → BP-11 within 30 calendar days of the Regional Director’s signed response (§ 542.15). Where the deadline itself is the emergency, § 542.18 directs the Warden to respond “not later than the third calendar day after filing” to a request “of an emergency nature which threatens the inmate’s immediate health or welfare” — a demanding standard, but the same section provides that if no response arrives in the time allowed, the silence may be treated “to be a denial at that level.” The full route is at administrative remedy program.
Legal paperwork confiscated or capped below the floors
Distinguish two things. A cap below three cubic feet in general population or one cubic foot in segregation is contrary to the Program Statement’s own instruction, and the Program Statement adds that “[t]he Regional Counsel should be consulted before the accumulation of legal materials is limited for housekeeping reasons” (p. 10). A cap at those figures is policy-compliant, and the answer is the alternate-storage provision — the Program Statement directs that “[a]lternate storage areas may be provided only for storing excess legal materials.” Note also that unauthorized possession of library materials “constitutes a prohibited act, generally warranting disciplinary action” under § 543.11(c); if property was taken as part of a disciplinary action, the incident report is the thing to attack first. See the inmate personal property page and the inmate discipline program page.
An attorney turned away at the door
Three different rules produce this, with three different fixes. If the problem is scheduling, check the facility’s mission: unscheduled visits during designated hours are available only at facilities housing pretrial and unsentenced people. If the problem is attire or screening, PS 1315.08 at pp. 12–13 directs the front lobby officer to notify the Operations Lieutenant or Duty Officer for resolution, and gives the visitor a documented route: a request to the Warden for a written explanation “within seven days of the denied entry,” with a response “ordinarily within 21 days.” If the problem is a limitation or denial of privileged access, that is § 543.14 — it requires Regional Counsel consultation, and the attorney appeals to the Regional Director while the client appeals through the administrative remedy program. Do not let the two appeals lapse; they are separate.
Legal mail opened outside your presence
This Program Statement points the question elsewhere but the cross-reference matters. Section 543.11(d)(1) provides that legal materials received by mail “are subject to inspection and may be read or copied unless they are received through an authorized attorney visit from a retained attorney or are properly sent as special mail … in which case they may be inspected for contraband or for the purpose of verifying that the mail qualifies as special mail.” The marking requirement, the log staff must keep and the remedy for an opened envelope are all in PS 5265.14 and 28 C.F.R. part 540 subpart B — see the inmate correspondence policy page. Two related restrictions live here rather than there: sentenced people “are prohibited from retaining possession of their Presentence Investigation Report (PSR) and Statement of Reasons (SOR)” and must request review through Unit Management, a restriction that “does not apply to unsentenced inmates in Bureau custody with a need to review their PSRs prior to sentencing” (pp. 6–7).
Related BOP policy on legal access
| Page | What it covers |
|---|---|
| Attorney-client communications in the BOP | Reaching counsel — legal calls, legal mail, scheduling a visit |
| The prison law library | What research is available on a TRULINCS terminal and how to get time on one |
| Correspondence (PS 5265.14) | Special mail, the attorney-envelope marking rule and the legal-mail log |
| Incoming Publications (PS 5266.11) | How purchased legal texts and other publications come in |
| Inmate Telephone Regulations (PS 5264.08) | Monitoring and unmonitored attorney calls |
| Visiting Regulations (PS 5267.09) | The general visiting rules legal visitors must also satisfy |
| Inmate Personal Property (PS 5580.10) | Property limits that interact with legal-material storage |
| Administrative Remedy Program (PS 1330.18) | The BP-9 / BP-10 / BP-11 route and its deadlines |
| FOIA and Privacy Act requests (PS 1351.05) | Getting Bureau records, including the PSR restriction’s companion rules |
| Trust Fund and Commissary (PS 4500.13) | Paying for copies and the BP-199 reimbursement route |
Frequently Asked Questions About Inmate Legal Activities
Do federal prisons still have law libraries?
Not physical ones, as a matter of Bureau policy. PS 1315.08, effective May 7, 2026, “[e]liminates requirement to maintain physical law libraries” and provides that “[a]ll Bureau institutions will maintain electronic law libraries (ELL)” accessible on TRULINCS workstations (PS 1315.08 at pp. 1–2). The binding regulation has not been amended to match: 28 C.F.R. § 543.10 still provides that “[t]he Warden shall establish an inmate law library.”
How much legal paperwork can someone keep in a federal prison?
PS 1315.08 instructs that the amount “[o]rdinarily … may not be restricted below three cubic feet per inmate,” and “[i]n a segregation or detention area, the amount ordinarily may not be restricted below one cubic foot per inmate” (p. 7). Those are Bureau policy floors, not regulation — 28 C.F.R. § 543.11 states only that the Warden “may limit the amount of legal materials an inmate may accumulate for security or housekeeping reasons.” Greater amounts may be allowed where there is an imminent court deadline.
Can my lawyer visit without an appointment?
It depends on the facility’s mission. Under 28 C.F.R. § 543.13(c), as amended effective February 7, 2024, “Bureau institutions that house pretrial detainees and unsentenced individuals will allow scheduled and unscheduled attorney visits during designated attorney visitation hours.” At institutions that do not house pretrial detainees, “the attorney shall make an advance appointment for the visit through the Warden prior to each visit,” though the Warden “shall make every effort to arrange for a visit when prior notification is not practicable.”
Can staff listen to an attorney visit?
No. Section 543.13(e) provides that “[s]taff shall not subject visits between an attorney and an inmate to auditory supervision.” Visits take place “in a private conference room, if available, or in a regular visiting room in an area and at a time designed to allow a degree of privacy,” and the Warden “may not ask the attorney to state the subject matter of the law suit or interview.” Staff may still search an attorney’s person and belongings for contraband as a condition of the visit.
Can another inmate help me with my case?
Yes, within limits. Section 543.11(f) permits one person to assist another in the same institution during leisure time with legal research and document preparation. The assistance is voluntary, cannot be paid for, and confers no attorney or paralegal privileges “even if the inmate was an attorney before their incarceration.” Your materials may not leave the law library or other designated location, and people in different institutions may not assist each other except by approved correspondence about current legal matters — with any enclosed legal material “subject to inspection and can be read or copied.”
Can my attorney send me discovery on a flash drive?
Under the 2026 edition, yes, with prior approval. E-discovery “may only be accepted from the inmate’s attorney or a U.S. Attorney’s Office and must be read-only format,” requires Warden or designee approval in advance, and requires the attorney to submit BP-A1155, E-Discovery Material Authorization. Permitted media are external hard drives and USB thumb drives; CDs and DVDs are not authorized. The Program Statement states that “[s]taff may not read the content and copying is prohibited,” and each institution is allocated stand-alone computers for review (PS 1315.08 at pp. 5–6).
Can I keep a copy of my presentence report?
No, if you are sentenced. PS 1315.08 at pp. 6–7 states that “sentenced inmates are prohibited from retaining possession of their Presentence Investigation Report (PSR) and Statement of Reasons (SOR),” explaining that “[t]he purpose of this restriction is to protect individuals from being coerced to produce their PSRs for illicit purposes.” You may review your PSR or SOR “by submitting a request to their Unit Management team.” The prohibition “does not apply to unsentenced inmates in Bureau custody with a need to review their PSRs prior to sentencing.”
What happens to legal access during a lockdown?
The 2026 edition requires each facility to plan for it. “To ensure inmates have access to legal counsel as soon as it is safely possible after a significant or disruptive event at a facility exceeds 24 hours, each facility will develop alternative legal access arrangements,” which “may include … alternative visiting locations at the facility, expansion of normal visiting hours, and any additional procedures consistent with the mission and security of the facility.” The Program Statement adds that “[r]estriction of legal access should occur only when necessary to protect the safety and security of staff, inmates, or the public,” and that staff must make all reasonable efforts to notify families, defense counsel, local courts and the public (PS 1315.08 at pp. 11–12). See also lockdowns and modified operations.
Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The May 2026 edition changed what a legal-access record has to look like. When the library was a room with books, the complaint was hours and volumes. Now it is terminal availability, print stations and whether the electronic collection actually contains what the filing needed — and the contents of that collection are maintained on an internal Bureau page rather than in the Program Statement. What we build a file around is the paper trail: the cop-out naming the court, the case number and the deadline; the Unit Team’s answer or silence; the remedy filed inside twenty days. Lewis v. Casey requires an actual frustrated, nonfrivolous filing, not a general complaint about the system, and that record has to be made while the deadline is still live.
This page is general information about Bureau of Prisons policy and federal regulations. It is not legal advice, and reading it does not create an attorney-client relationship. Elizabeth Franklin-Best, P.C. is a federal criminal defense and post-conviction firm with offices in Columbia and Mount Pleasant, South Carolina, serving clients nationwide; (843) 620-1100.
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026