Inmate Organizations

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

Program Statement	5381.05
Subject	Inmate Organizations
Current edition	February 13, 2001
Change notices	None
Supersedes	Rescinds PS 5381.04, Inmate Organizations (3/19/96)
Governing regulation	28 C.F.R. part 551, subpart D — §§ 551.30–551.36 (the Program Statement cites “28 CFR 551.30-37”)
Governing statute	None cited in the Program Statement
Related BP forms	BP-199 and BP-201, named in the Program Statement for dues collection and charitable donations
Official PDF	https://www.bop.gov/policy/progstat/5381_005.pdf

Checked against the BOP policy set · 2026-09-07 · How we verify

The Bureau of Prisons allows approved organizations inside its institutions — veterans’ groups, service clubs, chapters of national civic organizations — and Program Statement 5381.05 sets out how one gets approved, what it may do, and how approval is taken away. It is the policy behind almost every organized group activity on a compound; for the broader picture of daily life, see how to survive prison, and for the two adjacent activity policies, inmate recreation and religious beliefs and practices.

Two framing points. A Program Statement is agency policy; the regulation binds. PS 5381.05 states its own typographic key on p. 1 — “[Bracketed Bold – Rules] / Regular Type – Implementing Information” — so bracketed text in that document is verbatim regulation and unbracketed text is the Bureau instructing its staff. And there is no constitutional right to an inmate organization. In Jones v. North Carolina Prisoners’ Labor Union, Inc., 433 U.S. 119 (1977), the Supreme Court upheld regulations that barred inmate-to-inmate solicitation for a prisoners’ union, prohibited union meetings and denied bulk mailing privileges, holding that “In a prison context, an inmate does not retain those First Amendment rights that are ‘inconsistent with his status as a prisoner or with the legitimate penological objectives of the corrections system.'” A decade later, Turner v. Safley, 482 U.S. 78 (1987), settled the general test: “when a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.” What follows is therefore a permission the Bureau grants and conditions, not a right it recognizes.

The rule itself: inmate organizations

Getting approved — § 551.31

§ 551.31 Approval of an organization.

(a) An inmate must submit a request for recognition of a proposed inmate organization to the Warden. The organization may not become active without the Warden’s approval.

(b) The Warden may approve an inmate organization upon determining that:

(1) The organization has a constitution and bylaws duly approved by its members; the constitution and bylaws must include the organization’s purpose and objectives, the duties and responsibilities of its officer(s), and the requirements for activities reporting and operational review; and

(2) The organization does not operate in opposition to the security, good order, or discipline of the institution.

Verbatim from 28 C.F.R. § 551.31, reproduced by the Bureau at Program Statement 5381.05 pp. 2–3. The Program Statement adds, at p. 3: “Inmates are authorized to participate in only those organizations which the Warden has recognized and sanctioned.”

Note the word “may” in (b). Meeting both conditions does not oblige the Warden to approve anything. Nobody can tell you whether a proposed organization will be recognized.

Holding an activity — § 551.34

§ 551.34 Organization activities.

(a) An officer of the inmate organization must submit a written request for approval of an activity to the Warden or designee. Activities include, but are not limited to, meetings, guest speakers, sports competitions, banquets, or community programs. Activities may not include fund-raising projects. The request must specifically include:

(1) Name of the organization; (2) Nature or purpose of the activity; (3) Date, time, and estimated duration of the activity; (4) Estimated cost; (5) Information concerning guest participation; and (6) Other pertinent information requested by the Warden.

(b) The Warden may approve the request if the activity:

(1) Does not conflict with scheduled inmate work or program activities; (2) Has confirmation of staff supervision; (3) Can be appropriately funded when applicable (see § 551.36); and (4) Does not conflict with the security, good order, or discipline of the institution.

(c) When an activity requires the expenditure of government funds, the Warden ordinarily shall require reimbursement from non-inmate participants (guests or members).

(d) Each inmate organization shall be responsible for maintaining accurate records of its activities.

(e) The activities of an inmate organization may be suspended temporarily due to noncompliance with Bureau policy. The IOM is responsible for recommending the specific suspension sanction for the Warden’s approval. The inmate organization is to receive written notice of the proposed suspension sanction and shall have the opportunity to respond to the Warden. Continued noncompliance with Bureau policy shall result in an increase in the severity of the suspension sanction, and may include withdrawal of approval of the organization.

Verbatim from 28 C.F.R. § 551.34, reproduced by the Bureau at Program Statement 5381.05 pp. 7–8. “IOM” is the Inmate Organization Manager appointed under § 551.32.

Two provisions complete the picture. Section 551.35 provides that “The Warden may withdraw approval of an inmate organization for reasons of the security, good order, and discipline of the institution, or in accordance with § 551.34(e).” And § 551.36 provides that “The Bureau of Prisons may fund approved activities of inmate organizations or organization requests for purchase of equipment or services for all inmates subject to the availability of designated funds.”

The prohibitions, in one place

These are the rules that end organizations. Each is quoted from its source.

Prohibition	Source
“Activities may not include fund-raising projects.”	28 C.F.R. § 551.34(a)
“Inmate organizations are not allowed to conduct fund raising activities of any type.”	PS 5381.05 at p. 10
The constitution and bylaws must include a “Statement banning the inmate organization from conducting fund-raising activities or possessing assets.”	PS 5381.05 at p. 6
“No portion of the dues may be kept by the inmate organization for use at the institution.”	28 C.F.R. § 551.33
“The organization may not make payment of dues a requirement of membership for an inmate who lacks funds.”	28 C.F.R. § 551.33
“No Trust Fund profit-sharing funds may be used to pay organization dues.”	PS 5381.05 at p. 6
Charitable donations must be made “through the use of a form BP-199 or BP-201,” and “No Trust Fund Profit Sharing funds may be used to make these donations.”	PS 5381.05 at p. 10
“The organization may not hold meetings at times which conflict with scheduled inmate work or program activities.”	PS 5381.05 at p. 8
“All non-expendable equipment purchased by Trust Fund remains Bureau property and not the inmate organization’s.”	PS 5381.05 at p. 9
“Trust Fund profits may not be used for the personal benefit of individual inmates, but may be used to provide benefit or the opportunity to benefit all inmates.”	PS 5381.05 at p. 10
“The organization may not become active without the Warden’s approval.”	28 C.F.R. § 551.31(a)

The compliance calendar — three dates nobody states in one place

An approved organization runs on a fixed annual cycle. Miss a date and the noncompliance machinery in § 551.34(e) starts.

Deadline	What is due	Who to
15th of the month following the end of each quarter	Quarterly summary of the organization’s activities, which “must include any problems encountered with functions of an inmate organization and recommendations for resolution”	Staff sponsor → Inmate Organization Manager
January 31 each year	Written annual certification that the organization complies with all applicable Bureau policies — covering (a) the Institution Supplement is current, (b) constitution/bylaws are current, (c) status of each organization’s compliance with policy, (d) summary of activities	Inmate Organization Manager → Warden
March 31 each year	Annual certification that each inmate organization complies with the Program Statement, noting “any deviations or discrepancies … along with a corrective plan of action”	Warden → Regional Director
At least annually	Operational review “conducted at least annually, by staff other than an official of the organization,” using the current Bureau Program Review Guidelines and including annual review of the Institution Supplement	Internal

Reproduced from Program Statement 5381.05 at pp. 3–6.

What the constitution and bylaws must contain

Section 551.31(b)(1) requires a constitution and bylaws with three elements. The Program Statement expands that into six, and adds a warning about shortcuts:

(1) General statement regarding the purpose and objectives of the organization. (2) Designation of an officer of the organization who is responsible for the organization’s records. (3) Requirement for a quarterly summary of activities of the inmate organizations during the period. These summary statements for each organization must be prepared to reflect the distinct activity and/or project. (4) Requirement for an operational review to be conducted at least annually, by staff other than an official of the organization. This review must use the current Bureau Program Review Guidelines for inmate organizations and include the annual review of the Institution Supplement. (5) Requirement for copies of items described in Section 8.b.(6) above to be furnished to the IOM no later than the 15th day of the month following the end of each quarter. (6) Statement banning the inmate organization from conducting fund-raising activities or possessing assets.

b. The constitution/bylaws must contain the specific requirements as listed above. Merely specifying compliance with this Program Statement is not sufficient to guarantee knowledge of its requirements.

Reproduced from Program Statement 5381.05 at pp. 6–7. Emphasis added.

That last sentence is the most practically useful line in the document. A one-page constitution saying “this organization will comply with PS 5381.05” does not satisfy the requirement. The six items have to be written out.

What the inmate organizations policy means for you

If you are the person inside: nothing exists until the Warden approves

Nothing exists until the Warden approves it. Section 551.31(a) is unambiguous: the request goes to the Warden, and “The organization may not become active without the Warden’s approval.” Meeting as an unapproved group is Prohibited Act 315, “Participating in an unauthorized meeting or gathering,” a Moderate Severity charge under 28 C.F.R. § 541.3 (PS 5270.09 at p. 51). Collecting signatures to get a group started brushes up against Prohibited Act 336, “Circulating a petition” (PS 5270.09 at p. 53). Neither of those is a reason not to try — they are a reason to route the request through staff first rather than organizing first and asking later.

Every meeting needs its own written approval, or a calendar. PS 5381.05 at pp. 7–8 tells staff that “The Warden or designee must have approved a written request for any activity including meetings to be held by an inmate organization,” and that “Staff on official duty time are to supervise all scheduled activities and meetings.” There is a practical alternative worth asking about: “At the Warden’s or designee’s discretion, an annual calendar of organization activities or events may be approved,” with revisions handled the same way as individual requests. For a group that meets monthly, an approved annual calendar removes a recurring point of failure.

The organization cannot hold money. This is the rule most new officers get wrong. Fund-raising of any type is prohibited. The organization may not possess assets — that must be stated in its own bylaws. Dues, where a national organization requires them, are collected on BP-199 or BP-201 and sent directly to the national headquarters, with no portion kept at the institution. Charitable donations by inmates go out the same way. Equipment bought with Trust Fund money stays Bureau property.

The record is the organization. Section 551.34(d) puts the record-keeping duty on the organization itself, and the staff sponsor is required to keep a file containing the Institution Supplement, the current constitution and bylaws, the Warden’s certifications, quarterly activity statements, approved requests for activities and funding, and documentation of any corrections required after a program or operational review (PS 5381.05 at p. 5). When a suspension is proposed, that file is the defense.

If you are the family: two things worth knowing from outside

Two things are worth knowing from the outside.

You may be able to attend. Guests are contemplated by the rules — § 551.34(a)(5) requires the request to include “Information concerning guest participation,” and PS 5381.05 at p. 8 provides that “The attendance of guests at institution organization meetings and activities requires the Warden’s approval.” Expect to pay: § 551.34(c) provides that where an activity requires government funds “the Warden ordinarily shall require reimbursement from non-inmate participants,” and the Program Statement adds that “Ordinarily, the Warden is to require guests to purchase a meal ticket when attending banquets when the government incurs the cost,” and that “The government may incur the cost only for banquets open to the general inmate population.” Guest attendance is a visiting question as well as an organization question — see visiting regulations and inmate visitation.

Do not send money to the organization. There is no lawful route for it. The organization cannot possess assets, cannot fund-raise, and cannot retain dues. Money for an incarcerated person goes to that person’s account through the ordinary channels — see how to send money to federal inmates — and never to a club, chapter or group inside the institution.

If you are counsel: inmate organizations

The suspension provision has procedure in it, and that procedure is regulatory. Section 551.34(e) is not a bare grant of discretion: it requires that the IOM recommend the specific suspension sanction, that the Warden approve it, that the organization “receive written notice of the proposed suspension sanction,” and that it “have the opportunity to respond to the Warden.” The Program Statement adds at p. 9 that “Any sanction taken is to be commensurate with the violation(s) detected and the number of violations.” Where a group was shut down without notice or an opportunity to respond, that is a departure from the regulation, not merely from policy.

Withdrawal is a different act than suspension, with a different trigger. Section 551.35 permits withdrawal “for reasons of the security, good order, and discipline of the institution, or in accordance with § 551.34(e)” — that is, either on institutional grounds or as the endpoint of escalating noncompliance. The Program Statement requires written notification “including the reason for the action” (p. 9). Which of the two paths was used, and whether the written reason matches it, is the first question in any challenge.

Know the ceiling before you build on it. Jones v. North Carolina Prisoners’ Labor Union remains the governing Supreme Court authority on inmate organizations, and it is not a favorable starting point. The Court held that prison administrators’ judgments in this area are “peculiarly within the province and professional expertise of corrections officials, and, in the absence of substantial evidence in the record to indicate that the officials have exaggerated their response to these considerations, courts should ordinarily defer to their expert judgment.” It also held that a prison “may be no more easily converted into a public forum than a military base,” so that officials “need only demonstrate a rational basis for their distinctions between organizational groups” — the specific comparison in that case being between a prisoners’ union on the one hand and the Jaycees and Alcoholics Anonymous on the other. The realistic claims here are procedural (§ 551.34(e) notice and response) or comparative-treatment claims with a real record, not First Amendment associational claims in the abstract.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The organizations that survive are the ones whose paperwork is boring. Six specific items in the bylaws, a quarterly summary filed by the fifteenth, an operational review by someone who is not an officer, and a file the staff sponsor can hand to a program reviewer without apologizing. When a group gets suspended, the question is almost never whether the members did something wrong — it is whether anyone filed the quarterly summary for the last three quarters. That is what we look at first.

What has not changed in PS 5381.05

Program Statement 5381.05 was issued February 13, 2001, and has not been reissued since — twenty-five years. It was not among the twenty-three statements the Bureau replaced in its June 2026 mass reissue. The regulations it implements, 28 C.F.R. §§ 551.30–551.36, read today as they did then.

The 2001 edition’s own Summary of Changes, at pp. 1–2, records what it did to the 1996 statement it replaced:

• Updated the Standards Referenced and Management Responsibility sections.
• Removed guidance on the appropriate use of Trust Fund profits for inmate activities, “since they are referenced in the Trust Fund/Warehouse/Laundry Manual.”
• Removed “Accountability For Accumulated Funds.”
• Added “clarification on non-expendable purchases by the Trust Fund and the elimination of fund raising activities.”
• Editorial and format changes.

The consequential item is the last one. The 2001 edition is where the flat ban on fund-raising of any type entered the policy, together with the requirement that each organization’s own bylaws state that it will not fund-raise or possess assets. That is the single change most likely to surprise someone working from older material or from how things were done at another institution.

Three currency notes matter for anyone using this document today.

Its cross-references are superseded. PS 5381.05’s Directives Referenced list (p. 2) names PS 4500.04, Trust Fund/Warehouse/Laundry Manual (12/15/95) and PS 4400.03, Property Management Manual (2/27/96). Both have been replaced. Because the 2001 edition deliberately moved the Trust Fund guidance out of this policy and into the Trust Fund manual, the operative funding rules are in a document this statement identifies only by a thirty-year-old edition number. See trust fund and commissary.

It cites a regulation that is not there. At p. 2 the Program Statement states: “Rules cited in this Program Statement are contained in 28 CFR 551.30-37.” Subpart D of part 551 as it stands today runs §§ 551.30 through 551.36. There is no § 551.37 in the current Code, and the Program Statement itself reproduces nothing beyond § 551.36.

It has two sections numbered 13. Section 13 is “FUNDING § 551.36” at p. 9, and section 13 is also “FUND RAISING ACTIVITIES” at p. 10. This is in the agency’s own PDF. If a staff member or a program reviewer cites “Section 13,” ask which one.

Where people get stuck when a constitution is rejected

“We submitted a constitution and they rejected it.” The most common reason is the one the Program Statement anticipates in bold at p. 7: “Merely specifying compliance with this Program Statement is not sufficient to guarantee knowledge of its requirements.” All six items in Section 10.a have to appear on the page — purpose and objectives, a named officer responsible for records, the quarterly-summary requirement, the annual operational review by non-officers, the 15th-of-the-month filing deadline, and the express statement banning fund-raising and asset possession. Route: revise and resubmit through the staff sponsor and IOM; if the request goes unanswered, cop-out to the Inmate Organization Manager, then BP-8 informal resolution, BP-9 to the warden, BP-10 to the region, BP-11 to the Office of National Inmate Appeals (Administrative Remedy Program).

“Our activity request was denied and we were not told why.” Section 551.34(b) gives four grounds, and only four: conflict with scheduled work or program activities, no confirmed staff supervision, funding, or conflict with security, good order or discipline. An administrative remedy that asks which of the four was the basis is far more useful than one that argues the activity was harmless. Two of the four are fixable by the organization itself — a different time slot answers (b)(1), and a confirmed sponsor answers (b)(2).

“We were suspended without notice.” Section 551.34(e) requires written notice of the proposed suspension sanction and an opportunity to respond to the Warden before it takes effect, on the IOM’s recommendation and with the Warden’s approval. It also provides for escalation — “Continued noncompliance with Bureau policy shall result in an increase in the severity of the suspension sanction, and may include withdrawal of approval.” If the first thing the organization heard was that it no longer existed, the procedural provision is the argument, and the staff sponsor’s file (PS 5381.05 at p. 5) is the evidence.

“We wanted to raise money for a charity.” You cannot, as an organization. “Inmate organizations are not allowed to conduct fund raising activities of any type” (PS 5381.05 at p. 10). What individuals may do is separate: “Any inmate or group of inmates choosing to make a charitable donation to an outside group must do so through the use of a form BP-199 or BP-201,” and no Trust Fund Profit Sharing funds may be used for it. That is an individual transfer from an individual account, not an organizational fund-raiser, and the distinction is the whole of the rule. See trust fund and commissary.

“There is no Institution Supplement, so nobody knows the local rules.” PS 5381.05 at p. 11 requires one at every institution that has inmate organizations, listing for each organization its name, the rate and method of collecting dues if applicable, its types of activities and the designated IOM — plus general information covering restrictions on activities, the process for requesting activity approval and funds, guidance on what may be funded from Trust Fund Profit Sharing, records required, and instructions for staff sponsors. If it does not exist or has not been reviewed in the annual operational review, that is a concrete, citable gap and a good first cop-out.

Related BOP policy on inmate organizations

• Inmate recreation — the adjacent activity policy, and where a lot of organized activity actually sits
• Religious beliefs and practices — religious groups run under a separate policy, not this one
• Inmate veterans — veterans’ groups are among the most common approved organizations
• Trust fund and commissary — BP-199 and BP-201, and where the Trust Fund Profit Sharing rules live
• Inmate Discipline Program — Prohibited Acts 315 and 336
• Administrative Remedy Program — BP-8 through BP-11
• Visiting regulations and inmate visitation — guests at organization activities
• Education, training and leisure-time program standards — how organized activity fits the wider program schedule
• Inmate personal property — why equipment bought with Trust Fund money is not the group’s
• How to survive prison — daily life on a compound
• Prison workouts and inmate recreation — the recreation side from the inside
• Religious programs in prison — the religious side from the inside
• The Bureau of Prisons policy library — every Program Statement we have mapped

Frequently Asked Questions About Inmate Organizations

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