Program Statement 5264.09 at a glance
| Field | Value |
|---|---|
| Program Statement | 5264.09 |
| Subject | Inmate Telephone Regulations |
| Effective / current edition date | September 3, 2026 (DPI CPD; approved by William K. Marshall III, Director, Federal Bureau of Prisons) |
| Change notice | None |
| Supersedes / rescinds | Program Statement 5264.08, Inmate Telephone Regulations (1/24/2008) |
| Governing statute | None cited in the Program Statement |
| Governing regulation (28 C.F.R.) | Part 540, subpart I — §§ 540.100 through 540.106. The Program Statement’s reference list cites 28 CFR §§ 540.100–105, 28 CFR parts 541 and 542, and § 551.151(a)–(b) |
| Related BP forms | BP-A0740, Request for Inmate Telephone Restriction (prescribed by the policy); BP-A0408, Acknowledgment of Inmate, Part 3 & 4; BP-A0571, Program Review Report; BP-A1054, TRULINCS Contact Request Form |
| Official PDF | PS 5264.09 (September 3, 2026) |
Checked against the BOP policy set · 2026-09-19.
Program Statement 5264.09, issued September 3, 2026, is the Bureau of Prisons policy on inmate telephone use, and it is where the numbers people actually search for live: 510 minutes a month, 300 of them free for people eligible for First Step Act telephone incentives, calls that generally may not exceed 15 minutes with at least 30 minutes between completed calls, and a telephone list of up to 30 numbers. Almost none of those figures appear in the regulation — they are Bureau policy set by this document, which means they are instructions to staff rather than rules a court enforces.
For the practical side — how a call actually gets placed, what it costs a family, what happens when a number is blocked — read this with our guide to phone calls from federal prison. This page is the policy: the numeric limits verbatim, the attorney-call procedure, and the two ways telephone privileges get restricted. One caution up front, stated plainly: PS 5264.09 replaced the 2008 edition (PS 5264.08) on September 3, 2026. Everything above the full-text section describes the 2026 text; where a rule changed from 2008, this page says so, and the text of the rescinded 2008 edition is kept at the end for reference.
On this page
The rule itself: the numeric limits
Every hard number in PS 5264.09 is reproduced below in the Bureau’s own words. The middle column marks whether the rule comes from the boxed federal regulation reproduced in the Program Statement — the Bureau prints regulation in bold boxed type and its own implementing instructions in regular type — or from the implementing text. That distinction is the most useful thing on this page: the 510-minute limit does not appear in 28 C.F.R. part 540 at all. It is policy.
| Limit | The rule, verbatim | Source | Page |
|---|---|---|---|
| Monthly minutes | “Inmates with ITS accounts are limited to 510 minutes per calendar month. This applies to all inmates with an ITS account in Bureau institutions and may be used for any combination of collect or direct-dial calls at the inmate’s discretion.” | Implementing instruction | p. 7 |
| First Step Act incentive | “Inmates eligible for FSA telephone incentives will receive 300 minutes per month at no charge (based on one month’s validation cycle).” | Implementing instruction | p. 7 |
| Exceeding 300 minutes | “Regardless of FSA eligibility, inmates who exhaust their 300-minute limitation may purchase an additional 210 minutes. At the Warden’s discretion and for good cause, indigent inmates may be provided additional minutes.” | Implementing instruction | p. 7 |
| Legal calls excluded | “The 510 minutes per calendar month limitation does not apply to an inmate’s ability to place unmonitored legal telephone calls.” | Implementing instruction | p. 7 |
| Maximum call length | “Wardens shall ensure the maximum duration of any single phone call should generally not exceed 15 minutes. The Warden determines the waiting period between completed calls. There must be a minimum of at least 30 minutes between completed calls.” And: “Ordinarily, a warning tone will be provided approximately one minute before the call is disconnected. This applies to both debit and collect telephone calls.” | Implementing instruction | pp. 6–7 |
| Minimum call length | “The placement and duration of any telephone call is subject to availability of inmate funds. Ordinarily, an inmate who has sufficient funds is allowed at least three minutes for a telephone call.” | Regulation — § 540.101(d) | p. 6 |
| Telephone list size | “An inmate telephone call shall ordinarily be made to a number identified on the inmate’s official telephone list. This list ordinarily may contain up to 30 numbers. The Associate Warden may authorize the placement of additional numbers on an inmate’s telephone list based on the inmate’s individual situation, e.g., size of family.” | Regulation — § 540.101(a) | p. 3 |
| Above 30 numbers | “Placing more than 30 numbers on an inmate’s telephone list is at the discretion of the Associate Warden. While 30 numbers should meet the need of most inmates, there may be isolated situations when additional numbers may be warranted.” | Implementing instruction | p. 5 |
| List changes | “An inmate may submit proposed changes to their telephone list once per calendar month, unless staff determine the inmate has a demonstrated need for more prompt communication.” | Implementing instruction | p. 5 |
| List processing | “Once an inmate submits a list, it will ordinarily be processed within seven calendar days.” | Implementing instruction | p. 4 |
| Minimum access | “Except as provided in this rule, the Warden shall permit an inmate who has not been restricted from telephone use as the result of a specific institutional disciplinary sanction to make at least one telephone call each month.” | Regulation — § 540.100(b) | p. 3 |
| Hours of operation | “The hours of telephone operation begin at 6:00 a.m. and end no later than 11:30 p.m. Inmate telephones will not be available from at least 11:30 p.m. to 6:00 a.m. Inmate access to telephones will be determined locally by the Warden.” (The 2008 weekday limits — 7:30 to 10:30 a.m. and 12:30 p.m. until after the 4:00 p.m. count — are gone.) | Implementing instruction | p. 7 |
| Who pays | “An inmate is responsible for the expenses of inmate telephone use. Such expenses may include a fee for replacement of an inmate’s telephone access code that is used in an institution which has implemented debit billing for inmate telephone calls.” | Regulation — § 540.105(a) | p. 10 |
| Indigent calls | “The Warden shall provide at least one collect call each month for an inmate who is without funds. An inmate without funds is defined as an inmate who has not had a trust fund account balance of $6.00 for the past 30 days.” | Regulation — § 540.105(b) | p. 10 |
| Government-paid calls | “The Warden may direct the government to bear the expense of inmate telephone use or allow a call to be made collect under compelling circumstances such as when an inmate has lost contact with his family or has a family emergency.” | Regulation — § 540.105(d) (printed as (c) in the 2008 policy; the 2026 edition prints (d)) | p. 10 |
| Prohibited call types | “Third party billing and electronic transfer of a call to a third party are prohibited.” Implementing: “inmates must place all personal telephone calls through the ITS and must not circumvent it via call forwarding … Additionally, toll-free or credit card calls are not authorized (e.g., telephone calls to 1-800, 1-888, 1-877, 1-866, 1-900, 1-976, or to credit card access numbers).” | Regulation — § 540.105(a) + implementing | pp. 3, 10 |
| Recipient block, temporary | Where a call recipient telephones the institution to ask that a number be blocked, Unit Management staff may request “a temporary suspension, not to exceed 30 calendar days, on an inmate calling that specific telephone number.” | Implementing instruction | p. 6 |
| Denied number — appeal | “The Associate Warden will notify the denied recipient that he or she may appeal the denial by writing to the Warden within 15 days of the receipt of the denial.” | Regulation — § 540.101(a)(3) | p. 4 |
| Administrative block notice | The Associate Warden or designee “must notify the inmate of an administrative block, ordinarily within five calendar days following the denial or removal of the number.” | Implementing instruction | p. 5 |
Source: PS 5264.09 at pp. 3–10.
Attorney calls
The regulation and the policy handle legal calls differently from social calls, and the difference is worth reading closely because it is often misunderstood in both directions.
| Point | The rule, verbatim | Source | Page |
|---|---|---|---|
| No monitoring of a properly placed attorney call | “Staff may not monitor an inmate’s properly placed call to an attorney. The Warden shall notify an inmate of the proper procedures to have an unmonitored telephone conversation with an attorney.” | Regulation — § 540.102 | p. 7 |
| No frequency limits on a showing | “The Warden may not apply frequency limitations on inmate telephone calls to attorneys when the inmate demonstrates that communication with attorneys by correspondence, visiting, or normal telephone use is not adequate.” | Regulation — § 540.103 (misprinted as “§ 540.13” in the 2026 edition) | p. 8 |
| The default | “[T]he inmate is afforded the opportunity to place an occasional unmonitored call to their attorney.” | Implementing instruction | p. 8 |
| What a showing looks like | “Based on these provisions, frequent confidential inmate-attorney calls should be allowed only when an inmate demonstrates communication with their attorney by other means is not adequate. For example, when the inmate or the inmate’s attorney can demonstrate an imminent court deadline.” | Implementing instruction | p. 8 |
| Verification | “Staff are to make reasonable efforts to verify unmonitored calls placed on an inmate’s behalf are in fact being made to an attorney’s office.” | Implementing instruction | p. 8 |
| Cost and format | “Third-party or three-way calls are not authorized.” The 2008 sentences making the inmate responsible for the expense of unmonitored attorney calls and preferring collect placement are not in the 2026 text; § 540.105(a) still makes the inmate responsible for telephone expenses generally. | Implementing instruction; regulation | pp. 8, 10 |
| Attorneys on the regular list | “Attorneys may be included on an inmate’s telephone list with the understanding that such calls are subject to monitoring.” | Implementing instruction | p. 4 |
| Minutes | “The 510 minutes per calendar month limitation does not apply to an inmate’s ability to place unmonitored legal telephone calls.” | Implementing instruction | p. 7 |
Source: PS 5264.09 at pp. 4–8.
Warden-imposed telephone restrictions
Section 9 creates a restriction track that runs alongside, and separate from, disciplinary sanctions: “Telephone restrictions imposed under the authority of this section are separate and apart from telephone restrictions imposed by the Unit Discipline Committee (UDC) or Discipline Hearing Officer (DHO) following formal and completed inmate discipline proceedings” (PS 5264.09 at pp. 10–11).
| Element | The rule, verbatim | Page |
|---|---|---|
| The two triggers | (1) A Public Safety Factor for Serious Telephone Abuse — “[a]n inmate whose current offense, prior history, or threat characteristics indicate a propensity to abuse telephone privileges will be assigned the PSF – Serious Telephone Abuse”; (2) “Pending Investigation or Disciplinary Action for Possible Telephone Abuse.” | p. 11 |
| The form | “The appropriate staff member recommends a telephone restriction to the Warden by completing the BP-A0740, Request for Telephone Restriction form.” | p. 11 |
| Partial restriction is contemplated | “For example, staff may recommend reducing an inmate’s telephone use to 100 minutes per month rather than a total restriction, if such a restriction would sufficiently protect the safety, security, or good order of the institution, and the public.” | p. 12 |
| PSF review cycle | “Telephone restrictions imposed by the Warden due to a PSF for Serious Telephone Abuse must be reviewed at least every six months, ordinarily in conjunction with the inmate’s program review.” | p. 12 |
| Investigation restrictions are time-limited | “Telephone restrictions imposed pending an investigation or disciplinary action for possible telephone abuse are limited to a period of 30 days. If an additional 30-day period is required … the Warden must re-authorize the restriction using these procedures. … Each subsequent restriction period is limited to 30 days.” | p. 12 |
| The floor | “Inmates with telephone restrictions under this section are still entitled to place at least one telephone call per month, unless also under a sanction of telephone restriction the UDC or DHO imposed following formal, and completed, inmate discipline proceedings.” | p. 12 |
| Review | “Inmates may challenge telephone restrictions imposed under this section utilizing the process detailed in the Program Statement Administrative Remedy Program.” | p. 12 |
Source: PS 5264.09 at pp. 10–12.
What the telephone regulations mean for you
If you are the person inside: building your call list
Build the list before you need it. Under 28 C.F.R. § 540.101(a) the list “ordinarily may contain up to 30 numbers,” you may submit changes “once per calendar month,” and a submitted list “will ordinarily be processed within seven calendar days” (PS 5264.09 at pp. 4–5). Those three facts together mean a number left off in November is not reachable until December. Put courts, elected officials and news media on it if you want them — the policy says you “may submit telephone numbers for any person they choose, including numbers for courts, elected officials, and members of the news media.”
Understand what putting your lawyer on the regular list does. The policy is explicit: “Attorneys may be included on an inmate’s telephone list with the understanding that such calls are subject to monitoring.” An unmonitored legal call is a different procedure, initiated through staff, and the regulation directs that “[t]he Warden shall notify an inmate of the proper procedures to have an unmonitored telephone conversation with an attorney” (28 C.F.R. § 540.102). Ask for those procedures in writing.
Track your minutes and know where the flexibility is. The 510-minute limit, the 300 free minutes for people eligible for First Step Act telephone incentives, and the 210 minutes anyone may buy after using 300 are policy figures, not regulation. The 2026 edition dropped the 2008 extra 100 minutes in November and December, and its good-cause discretion now covers indigent people: “At the Warden’s discretion and for good cause, indigent inmates may be provided additional minutes.” If that describes you, the request is worth making in writing, early, with a reason. Nothing here decides whether any particular request will be granted — discretionary means discretionary.
If you are a family member: the three numbers that matter
Three numbers answer most of what families ask. A person with an ITS account is limited to 510 minutes per calendar month — 300 of them free for people eligible for First Step Act telephone incentives — and a single call “should generally not exceed 15 minutes,” with a warning tone about a minute before the line drops and at least 30 minutes between completed calls (PS 5264.09 at pp. 6–7). Calls also stop overnight, and daytime access is set locally by the Warden.
If your household is struggling with cost, know the indigent rule: the Warden “shall provide at least one collect call each month for an inmate who is without funds,” and “without funds” is defined precisely — someone “who has not had a trust fund account balance of $6.00 for the past 30 days” (28 C.F.R. § 540.105(b)). The Warden may also direct the government to bear the cost, or allow a collect call, “under compelling circumstances such as when an inmate has lost contact with his family or has a family emergency.”
Be careful with two things that end calls permanently. Three-way calling and call forwarding are prohibited, and the policy directs that calls be placed through the Inmate Telephone System without circumvention. And if you ever ask the institution by telephone to stop calls to your number, understand what happens: staff may place “a temporary suspension, not to exceed 30 calendar days,” and the recipient “must submit a prompt written request to make it permanent” (PS 5264.09 at p. 6). If a recipient blocks the number from their own phone, unblocking it requires a written request with a copy of a recent telephone bill and a copy of a valid government identification.
If you are counsel: telephone access
Two provisions of subpart I are doing the work in almost every legal-call dispute. 28 C.F.R. § 540.102 provides that “[s]taff may not monitor an inmate’s properly placed call to an attorney” and obliges the Warden to notify the client of the procedures for an unmonitored call. 28 C.F.R. § 540.103 provides that the Warden “may not apply frequency limitations on inmate telephone calls to attorneys when the inmate demonstrates that communication with attorneys by correspondence, visiting, or normal telephone use is not adequate.” Both are regulation, both were confirmed current, and § 540.103’s source credit runs to 44 FR 38249 (June 29, 1979) — it has not changed in over four decades.
The word “demonstrates” is where the case is made, and the Program Statement tells you what the Bureau considers a demonstration: an imminent court deadline. Make that showing in writing, from your side, naming the case, the court, the filing and the date. Route it to the Warden and to the unit team, and ask that the response be documented. The policy’s own default — “an occasional unmonitored call” — is what you are asking the Bureau to depart from, and it will not depart from it on a general assertion that phone time is short.
On the merits of a broader challenge, set expectations. The Bureau’s own framing in this policy is that “there is no constitutional right for inmates to have unrestricted telephone communication, particularly when alternate methods of communication are readily available” (PS 5264.09 at p. 2) — that is the agency’s position, not a holding. What the Supreme Court has held, in Overton v. Bazzetta, 539 U.S. 126 (2003), is that a prison regulation impinging on a constitutional right is valid “if it is reasonably related to legitimate penological interests,” and in applying that standard the Court treated communication “by letter and telephone” as one of the alternatives supporting the restrictions before it, observing that “[a]lternatives to visitation need not be ideal, however; they need only be available.” The more productive arguments here are usually about the Bureau’s failure to follow §§ 540.102 and 540.103 or its own Section 9 procedures, not about the existence of a limit.
What changed from PS 5264.08 to 5264.09
PS 5264.09 rescinded Program Statement 5264.08, Inmate Telephone Regulations (1/24/2008), and its Summary of Changes at p. 1 lists two changes in the Bureau’s own words: it “[m]odifies the number of telephone minutes allowed per calendar month” and “[r]eplaces the term TRULINCS with the term ‘electronic inmate communications system.'” The text changed more than that summary suggests. Compared with the 2008 edition reproduced below: the monthly limit rose from 300 to 510 minutes, with 300 minutes free for people eligible for First Step Act telephone incentives and 210 more available for purchase; the extra 100 minutes in November and December is gone, and the Warden’s good-cause discretion to add minutes now applies to indigent inmates; the weekday work-hours restriction is gone, replaced by access “determined locally by the Warden”; the Institution Supplement requirement is gone; a minimum of 30 minutes between completed calls was added; a telephoned request to block a number now produces a suspension of up to 30 calendar days instead of 20, and reinstating a recipient-blocked number now requires a copy of government identification as well as a telephone bill; the paper list form is now the BP-A1054, TRULINCS Contact Request Form; and the sentences on paying for unmonitored attorney calls and preferring collect placement were dropped.
The 2008 edition had stood unamended for more than eighteen years, with no change notice, while the systems it described were replaced around it. It had itself rescinded PS 5264.07, Telephone Regulations for Inmates (1/31/2002), cutting list changes from three a month to one and introducing self-service TRULINCS phone lists.
Three points still matter. First, 28 C.F.R. § 540.106 did not exist when this policy was written. Added at 85 FR 37336 (June 22, 2020), it authorizes the Bureau during the CARES Act “covered emergency period,” on the Attorney General’s determination, to “authorize inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, notwithstanding provisions in part 540 to the contrary,” and provides that such access “may be modified, terminated, or reinstated during the emergency period” at the Director’s determination. The 2026 Program Statement does not mention it either; its reference list stops at 28 CFR §§ 540.100–105.
Second, the 2026 edition fixed a lettering problem. The 2008 Program Statement reproduced § 540.105 with the “compelling circumstances” provision at paragraph (c). The current text of § 540.105 shows (c) [Reserved] and places that provision at (d), with a source credit of “[59 FR 15824, Apr. 4, 1994, as amended at 60 FR 240, Jan. 3, 1995; 61 FR 90, Jan. 2, 1996]”. The 2026 edition now prints § 540.105 the same way, with (c) [Reserved] and the provision at (d) (PS 5264.09 at p. 10).
Third, the technology has moved twice in 2026 alone. The Bureau announced an inmate tablet services contract on July 8, 2026 and a migration of its core systems to a cloud environment on August 27, 2026 — and the September 2026 edition addresses neither. This page does not assert what any institution’s calling arrangements are today. It tells you what the policy says and where to confirm the rest. The related policies it relies on are the current Administrative Remedy Program, Visiting Regulations and Inmate Discipline Program statements.
Where people get stuck when the minutes run out
The minutes run out mid-month
This is the most common phone problem in the federal system, and the policy is more flexible about it than most people are told. The limit is stated as an implementing instruction, not a regulation: “Inmates with ITS accounts are limited to 510 minutes per calendar month,” and “[r]egardless of FSA eligibility, inmates who exhaust their 300-minute limitation may purchase an additional 210 minutes” (PS 5264.09 at p. 7). For people eligible for First Step Act telephone incentives the first 300 minutes are free. Beyond that, the only written flexibility is for indigent people: “At the Warden’s discretion and for good cause, indigent inmates may be provided additional minutes” (at p. 7). The 2008 edition’s broader good-cause extension, and its Institution Supplement procedure for extra minutes, are gone.
If you qualify as indigent, ask in a written request to staff and make the good-cause showing specific: a family illness, a death, a child custody proceeding, a court deadline. Unmonitored legal calls are expressly excluded from the limit, and if a call is dropped by the system that is a Trust Fund issue rather than a minutes issue. A dispute about minutes or access is an issue relating to confinement, and it runs through informal resolution (28 C.F.R. § 542.13) and then the BP-9 within 20 calendar days of the event (§ 542.14).
A number is blocked and nobody explains why
There are four different ways a number stops working, and the remedy depends on which one it is. The Associate Warden may deny placement of a number where there is “a threat to institution security or good order, or a threat to the public,” and “[a]ny disapproval must be documented in writing to both the inmate and the proposed recipient” (28 C.F.R. § 540.101(a)(3)). The Associate Warden may administratively block a number case-by-case, with notice to the incarcerated person “ordinarily within five calendar days.” A recipient can block the number from their own phone, and unblocking then requires a written request with a copy of a recent telephone bill and a copy of a valid government identification. And a telephoned request from a recipient produces only “a temporary suspension, not to exceed 30 calendar days” (PS 5264.09 at pp. 4–6).
Find out which one happened before filing anything. A denial of placement carries two appeal routes: the incarcerated person “may appeal the denial through the administrative remedy procedure (see 28 CFR part 542),” and separately the denied recipient “may appeal the denial by writing to the Warden within 15 days of the receipt of the denial.” That fifteen-day window for the person on the outside is short, easy to miss, and the only route the regulation gives them.
The unmonitored attorney call never gets scheduled
Start from the two regulatory sentences rather than from the institution’s habits. Section 540.102 obliges the Warden to notify the client of “the proper procedures to have an unmonitored telephone conversation with an attorney,” and § 540.103 removes frequency limits where the client “demonstrates that communication with attorneys by correspondence, visiting, or normal telephone use is not adequate.” The Program Statement supplies the paradigm example: “when the inmate or the inmate’s attorney can demonstrate an imminent court deadline” (PS 5264.09 at p. 8).
The practical failure is almost always documentation. Counsel should send a dated letter naming the case, the court, the filing and the deadline, addressed to the Warden and copied to the unit team, and the client should submit a parallel written request to staff — since March 19, 2026, through the electronic Request to Staff Service unless exempted (PS 5511.08). Expect to pay: 28 C.F.R. § 540.105(a) makes the inmate “responsible for the expenses of inmate telephone use”; the 2008 policy’s express statement about unmonitored attorney calls, and its preference for collect placement, are not in the 2026 text. Legal calls, correspondence and visits are governed together by the inmate legal activities policy — see Inmate Legal Activities (PS 1315.08).
Phone privileges are cut off with no incident report
That is Section 9, and it has procedural requirements that are frequently skipped. A restriction under this section must be recommended on a BP-A0740, Request for Telephone Restriction form, and approved by the Warden; a copy of the completed form “is provided to the inmate, the Trust Fund Office, and placed in Section 3 of the Inmate’s Central File”; a PSF-based restriction “must be reviewed at least every six months, ordinarily in conjunction with the inmate’s program review”; and an investigation-based restriction is “limited to a period of 30 days,” with each subsequent period also limited to 30 days and requiring fresh written authorization (PS 5264.09 at pp. 11–12).
Two of those are checkable facts a grievance can be built on: did you get the copy, and has it been more than 30 days without re-authorization? Note also the floor — a person restricted under Section 9 “are still entitled to place at least one telephone call per month,” unless a UDC or DHO sanction is separately in force. If the restriction came out of the discipline process instead, that is a different route with a different appeal path; see our Inmate Discipline Program page. And where the underlying problem is a Public Safety Factor for Serious Telephone Abuse, the real question is a designation question — how the PSF was applied — which is worth a consultation rather than a form.
Related BOP policy on inmate telephone use
| Page | What it covers |
|---|---|
| Phone calls from federal prison | The paired plain-English guide: placing a call, costs, dropped calls, and what families can do |
| Inmate Legal Activities (PS 1315.08) | Legal calls, legal mail, attorney visits and law library access |
| Visiting regulations (PS 5267.09) | The parallel rules for in-person contact, including the visiting list |
| Inmate correspondence (PS 5265.14) | Mail, special mail and what staff may open |
| Trust fund and commissary (PS 4500.13) | The account the calls are paid from, and how money gets into it |
| Inmate Discipline Program (PS 5270.09) | Where a UDC or DHO loss-of-phone sanction comes from |
| Security designation and custody classification (PS 5100.08) | Public Safety Factors, including Serious Telephone Abuse |
| Administrative Remedy Program (PS 1330.18) | The grievance route for a blocked number, a lost list or a restriction |
| Inmate Request to Staff (PS 5511.08) | How to put a written request in, since the March 2026 reissue |
| Federal prison early release | Where a documented record of family contact supports a release-planning argument |
Frequently Asked Questions About Inmate Telephone Regulations
How many minutes of phone time do I get a month, and how long can one call last?
Program Statement 5264.09 states that “[i]nmates with ITS accounts are limited to 510 minutes per calendar month,” usable “for any combination of collect or direct-dial calls at the inmate’s discretion”; that “[i]nmates eligible for FSA telephone incentives will receive 300 minutes per month at no charge”; and that anyone who exhausts 300 minutes “may purchase an additional 210 minutes” (PS 5264.09 at p. 7). A single call “should generally not exceed 15 minutes,” with “a warning tone … approximately one minute before the call is disconnected,” applied “to both debit and collect telephone calls” (at pp. 6–7).
Those figures are Bureau policy rather than regulation: 28 C.F.R. part 540, subpart I contains no minute cap of any kind. What the regulation does supply is a floor — “[o]rdinarily, an inmate who has sufficient funds is allowed at least three minutes for a telephone call” (28 C.F.R. § 540.101(d)) — and the Program Statement adds that “[a]t the Warden’s discretion and for good cause, indigent inmates may be provided additional minutes.” The 2026 edition replaced the 2008 figures of 300 minutes plus an extra 100 in November and December.
How many numbers can be on a federal inmate’s phone list?
Thirty, ordinarily. 28 C.F.R. § 540.101(a) provides that the official telephone list “ordinarily may contain up to 30 numbers,” and that “[t]he Associate Warden may authorize the placement of additional numbers on an inmate’s telephone list based on the inmate’s individual situation, e.g., size of family.” Changes may ordinarily be submitted “once per calendar month,” and a submitted list “will ordinarily be processed within seven calendar days” (PS 5264.09 at pp. 4–5).
What hours are the phones available?
“The hours of telephone operation begin at 6:00 a.m. and end no later than 11:30 p.m. Inmate telephones will not be available from at least 11:30 p.m. to 6:00 a.m. Inmate access to telephones will be determined locally by the Warden” (PS 5264.09 at p. 7). The 2008 weekday limits (7:30 to 10:30 a.m. and 12:30 p.m. until after the 4:00 p.m. count) are gone, and the policy says its hours restrictions “should not be imposed in pretrial/holdover institutions or units where inmates are not required to work.”
Are calls to my lawyer recorded?
It depends on how the call is placed. A call to an attorney on the regular telephone list is monitored — the policy says attorneys “may be included on an inmate’s telephone list with the understanding that such calls are subject to monitoring.” A properly placed unmonitored call is different: 28 C.F.R. § 540.102 provides that “[s]taff may not monitor an inmate’s properly placed call to an attorney,” and directs the Warden to notify the inmate of the procedures for arranging one. Those calls are at the inmate’s expense (28 C.F.R. § 540.105(a)) and do not count against the 510-minute limit.
What if we cannot afford calls?
The regulation sets a minimum. “The Warden shall provide at least one collect call each month for an inmate who is without funds,” and an inmate without funds is “an inmate who has not had a trust fund account balance of $6.00 for the past 30 days” (28 C.F.R. § 540.105(b)). The Warden may increase that number based on local conditions, and may “direct the government to bear the expense of inmate telephone use or allow a call to be made collect under compelling circumstances such as when an inmate has lost contact with his family or has a family emergency.”
Why was our number blocked?
There are several possibilities and they have different fixes. A number can be denied placement by the Associate Warden for a threat to institution security, good order or the public — a decision that “must be documented in writing to both the inmate and the proposed recipient,” and that the recipient may appeal “by writing to the Warden within 15 days of the receipt of the denial” (28 C.F.R. § 540.101(a)(3)). It can be administratively blocked case-by-case, with notice to the inmate ordinarily within five calendar days. It can be blocked by the recipient’s own phone, which is undone only by a written request including “a copy of a recent telephone bill and a copy of a valid government identification.” Or it can be under a telephoned temporary suspension “not to exceed 30 calendar days” (PS 5264.09 at pp. 5–6).
Can the warden take phone privileges away without a disciplinary hearing?
Section 9 of the Program Statement provides for restrictions that are “separate and apart from telephone restrictions imposed by the Unit Discipline Committee (UDC) or Discipline Hearing Officer (DHO),” triggered either by a Public Safety Factor for Serious Telephone Abuse or by a pending investigation or disciplinary action for possible telephone abuse (PS 5264.09 at pp. 10–11). Those restrictions carry their own limits: 30-day periods requiring re-authorization for investigation-based restrictions, review at least every six months for PSF-based ones, at least one call per month regardless, and an express right to “challenge telephone restrictions imposed under this section utilizing the process detailed in the Program Statement Administrative Remedy Program” (at p. 12).
Is the 2008 telephone policy still what the Bureau follows?
No. PS 5264.09, dated September 3, 2026, rescinded the 2008 edition (PS 5264.08). The new edition raises the monthly limit to 510 minutes, gives people eligible for First Step Act telephone incentives 300 minutes a month at no charge, and drops the extra November and December minutes, the weekday work-hours restriction and the telephone Institution Supplement. Some things still sit outside it. 28 C.F.R. § 540.106, authorizing free video and telephonic visitation during the CARES Act covered emergency period, was added on June 22, 2020 and is not mentioned in the policy, and the Bureau announced an inmate tablet services contract in July 2026 and a core-systems migration in August 2026. Treat the numbers on this page as the policy’s numbers, and confirm current practice with the institution.
Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The most useful line in this Program Statement is not a number — it is the one that hands daily access to the institution: “Inmate access to telephones will be determined locally by the Warden.” The 2026 edition abolished the telephone Institution Supplement, so when we work a phone problem the first thing we ask for is the institution’s written phone-access rule, because the national policy sets the ceiling and the local rule is where the day-to-day limits live. Asking for a document by name is a different request from asking for more minutes, and it gets a different answer.
This page is general information about federal Bureau of Prisons policy and is not legal advice; it does not create an attorney-client relationship. Elizabeth Franklin-Best, P.C. is a federal criminal defense and post-conviction practice serving clients nationwide, with offices in Columbia and Mount Pleasant, South Carolina — (843) 620-1100.
Program Statement 5264.08 (rescinded) — full text of the 2008 edition
What follows is the full text of the rescinded 2008 edition, PS 5264.08, kept for reference; it is no longer Bureau policy, and the Bureau no longer posts it. The current edition is PS 5264.09 (PDF).
Program Statement U.S. Department of Justice Federal Bureau of Prisons OPI: CPD/CPB NUMBER: P5264.08 DATE: 1/24/2008 SUBJECT: Inmate Telephone Regulations “CORRECTED COPY 2/11/2008″ Boxed Bold – Federal Regulation Regular Type – Implementing Information
1. PURPOSE AND SCOPE
§ 540.100 Purpose and Scope.
a. The Bureau of Prisons extends telephone privileges to
inmates as part of its overall correctional management. Telephone privileges are a supplemental means of maintaining community and family ties that will contribute to an inmate’s personal development. An inmate may request to call a person of his or her choice outside the institution on a telephone provided for that purpose. However, limitations and conditions may be imposed upon an inmate’s telephone privileges to ensure that these are consistent with other aspects of the Bureau’s correctional management responsibilities. In addition to the procedures set forth in this subpart, inmate telephone use is subject to those limitations which the Warden determines are necessary to ensure the security or good order, including discipline, of the institution or to protect the public. Restrictions on inmate telephone use may also be imposed as a disciplinary sanction (see 28 CFR part 541). This Program Statement provides national policy and procedure regarding inmate telephone privileges within Bureau of Prisons (BOP) institutions and contract facilities. Maintaining pro-social/legal contact with family and community ties is a valuable tool in the overall correctional process. With this objective in mind, the Bureau provides inmates with several means of maintaining such contacts. Primary among these
1/24/2008 Page 2 is written correspondence, supplemented by telephone and visiting privileges. Although there is no constitutional right for inmates to have unrestricted telephone communication, particularly when alternate methods of communication are readily available, the Bureau provides inmates with telephone access consistent with sound correctional management. 2. SUMMARY OF CHANGES. This Program Statement incorporates the following changes: # References to the Washington v. Reno settlement agreement have been deleted; # The provision allowing a special extended time frame of 120 days for inmates to file Administrative Remedies related to the telephone charges or credits has been deleted; # The number of times inmates are allowed to submit proposed changes to their telephone list has been changed from three times per month to once per calendar month; and, # The requirement that staff forward copies of Institution Supplements to the Central Office, Office of the General Counsel, Litigation Branch has been deleted. # Adds guidance for inmate use of non-ITS telephones. # Removes the language requiring Unit staff to approve inmates telephone number request form. # Provides guidance for inmates administering their own phone lists via TRULINCS. 3. PROGRAM OBJECTIVES. The expected results of this program are:
a. All inmates will be afforded the opportunity to maintain
family and community contact via the telephone consistent with institution and community safety;
b. Inmates will be responsible for the expense of telephone
use; and,
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c. All institutions will establish monitoring procedures to
preserve the institution’s security, orderly management and safety of the community.
4. DIRECTIVES AFFECTED
a. Directive Rescinded
b. Directives Referenced
Manual (9/12/06)
(12/29/87)
c. Rules cited and/or referenced in this Program Statement are
contained in 28 CFR part 540, subparts A-B, D, E, and I; 28 CFR part 541, subparts A-B; 28 CFR part 542, subpart B; 28 CFR part 543, subpart B, 28 CFR part 545, subpart B, 28 CFR part 548, and 28 CFR part 551, subpart J.
5. STANDARDS REFERENCED
a. American Correctional Association 4th Edition Standards for
Adult Correctional Institutions: 4-4497, 4-4271, 4-4272, and 4-4273
b. American Correctional Association 4th Edition Standards for
Adult Local Detention Facilities: 4-ALDF-6A-02, 4-ALDF-6A-05, 4-ALDF-2A-65, 4-ALDF-2A-66, 4-ALDF-5B-11, and 4-ALDF-5B-12
c. American Correctional Association 2nd Edition Standards for
the Administration of Correctional Agencies: 2-CO-5D-01 6. INSTITUTION SUPPLEMENT. A local Institution Supplement is required and must include the following information:
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a. The maximum length of telephone calls, ordinarily 15
minutes;
b. The minimum time frames between completed calls and the
maximum number of incomplete call attempts per day;
c. Telephone access procedures for inmates on “days off” or
“evening shift,” workers;
d. Establish procedures for those inmates who exhaust the 300
minutes per calendar month limitation to receive additional minutes for good cause;
e. Establish procedures when a staff assisted call may be made
for good cause, including procedures for Pretrial and Holdover inmates. The institution will involve the Regional Correctional Programs Administrator in developing the Institution Supplement. 7. PRETRIAL, HOLDOVER, AND/OR DETAINEE PROCEDURES. The procedures contained in this Program Statement apply only to institutions where individual Phone Access Codes (PAC) are utilized.
a. Pretrial Inmates. The Public Safety Factor (PSF) Serious
Telephone Abuse applies to sentenced inmates and therefore, does not apply to pretrial inmates. However, if institution staff receive information about a pretrial inmate that may jeopardize the security and safety of the institution or community, staff will follow the procedures outlined in Section 13 of this Program Statement.
b. Holdover Inmates. Inmates with the PSF Serious Telephone
Abuse will not be permitted access to the Inmate Telephone System (ITS), except as provided in § 540.101(e) or § 540.105©.
c. Detainee Inmates. A detainee of the Immigration and
Customs Enforcement (ICE), denoted by the Admission/Release Status (ARS) code of A-INS, who has completed a federal sentence, may have a PSF of Serious Telephone Abuse. The detainee will not be permitted access to ITS, except as provided in § 540.101(e) or § 540.105(c). If institution staff receive information about an immigration detainee that may jeopardize the security and safety of the institution or community, staff will follow the procedures outlined in Section 13 of this Program Statement.
1/24/2008 Page 5 8. PROCEDURES. The Bureau’s Inmate Telephone System is a calling system that is available in all institutions operated by the BOP. To ensure the safety and security of the institution and community, inmates must place all personal telephone calls through the ITS and must not circumvent it via call forwarding, including automatic electronic forwarding or any similar telephone function. Additionally toll-free or credit card calls are not authorized, examples include telephone calls to 1-800, 1- 888, 1-877, 1-866, 1-900, 1-976, or to credit card access numbers.
a. Warden’s Authority.
b. Except as provided in this rule, the Warden shall permit an
inmate who has not been restricted from telephone use as the result of a specific institutional disciplinary sanction to make at least one telephone call each month. Wardens are responsible for implementing and maintaining an inmate telephone program within their institution. In establishing an institution telephone program, Wardens should consider such variables as the size and complexity of the institution. The Warden has the authority to restrict or suspend temporarily an inmate’s regular telephone privilege when there is reasonable suspicion that the inmate has acted in a way that would indicate a threat to the institution’s good order or security. Wardens may restrict telephone privileges only in accordance with Section 13 of this Program Statement. Reasonable suspicion exists when facts and circumstances indicate that the inmate is engaged in, or attempting to engage in, criminal or other prohibited behavior using the telephone. The Warden has the authority to restrict or suspend temporarily an inmate’s regular telephone privilege when there is a reasonable suspicion that the inmate has acted in a way that threatens the safety, security, or good order of the institution, or the protection of the public. Reasonable suspicion may be based on reliable, confidential information gathered through intelligence that identifies the inmate in question. In determining reasonable suspicion, the available information should reasonably lead a person with correctional experience to suspect the inmate is engaged in criminal or other prohibited behavior using the telephone system.
b. Telephone List Preparation and Submission.
1/24/2008 Page 6 § 540.101. Procedures.
a. Telephone List Preparation. An inmate telephone call shall
ordinarily be made to a number identified on the inmate’s official telephone list. This list ordinarily may contain up to 30 numbers. The Associate Warden may authorize the placement of additional numbers on an inmate’s telephone list based on the inmate’s individual situation, e.g., size of family. (1) During the admission and orientation process, an inmate who chooses to have telephone privileges shall prepare a proposed telephone list. At the time of submission, the inmate shall acknowledge that, to the best of the inmate’s knowledge, the person or persons on the list are agreeable to receiving the inmate’s telephone call and that the proposed calls are to be made for a purpose allowable under Bureau policy or institution guidelines. (2) Except as provided in paragraph (a)(3) of this section, telephone numbers requested by an inmate ordinarily will be placed on the inmate’s telephone list. When an inmate requests the placement of numbers for persons other than for immediate family or those persons already approved for the inmate’s visiting list, staff ordinarily will notify those persons in writing that their numbers have been placed on the inmate’s telephone list. The notice advises the recipient that the recipient’s number will be removed from the list if the recipient makes a written request to the institution, or upon the written request of the inmate, or as provided in paragraph (a)(3) of this section. (3) The Associate Warden may deny placement of a telephone number on an inmate’s telephone list if the Associate Warden determines that there is a threat to institution security or good order, or a threat to the public. Any disapproval must be documented in writing to both the inmate and the proposed recipient. As with concerns about any correctional issue, including any portion of these telephone regulations, an inmate may appeal the denial through the administrative remedy procedure (see 28 CFR part 542). The Associate Warden will notify the denied recipient that he or she may appeal the denial by writing to the Warden within 15 days of the receipt of the denial.
1/24/2008 Page 7 Inmates with access to TRULINCS workstations which provide access to telephone list updates shall generate and maintain their lists using TRULINCS. These inmates will not be required to submit a Telephone Number request form (BP-505). All other inmates shall follow the process below. An inmate who wishes to have telephone privileges must submit a Telephone Number Request form (BP-505) to unit staff. Their telephone list ordinarily may contain up to 30 telephone numbers.
Inmates may submit telephone numbers for any person they choose, including numbers for courts, elected officials and members of the news media. Attorneys may be included on an inmate’s telephone list with the understanding that such calls are subject to monitoring. Unit staff shall sign the Telephone Number Request form verifying the identity of the inmate that has hand delivered the form to the staff member. Once an inmate submits a list, it will be processed within seven calendar days. Once unit staff sign the BP-505, it must be forwarded to ITS staff in a secure manner and within the time frames established by this Program Statement. At no time will the BP-505 be returned to the inmate or handled by another inmate. This time frame may be extended if the total number of changes is so large that unit staff or ITS staff cannot process them and still perform their normal duties.
c. Telephone List Modifications.
b. Telephone List Update. Each Warden shall establish
procedures to allow an inmate the opportunity to submit telephone list changes on at least a quarterly basis. An inmate may submit proposed changes to his or her telephone list once per calendar month, unless staff determine that the inmate has a demonstrated need for more prompt communication. In determining if a more frequent change is to be permitted due to a demonstrated need for prompt communication, staff must rely on their professional judgment and evaluate each request on a case-by-case basis. Placing additional numbers (above 30) on an inmate’s telephone list is within the Associate Warden’s discretion. While 30 numbers should meet the need of most inmates, there may be isolated situations when additional numbers may be warranted.
1/24/2008 Page 8 For example, an inmate who has a large family may wish to place additional family members on the telephone list. Additional numbers may also be warranted for an inmate who wishes to place both work and home telephone numbers for his or her spouse and children.
c. Telephone Access Codes. An inmate may not possess another
inmate’s telephone access code number. An inmate may not give his or her telephone access code number to another inmate, and is to report a compromised telephone access code number immediately to unit staff.
d. Call Blocking. The Associate Warden has authority to block
a number on an inmate account in a case-by-case determination. In such cases, the Associate Warden or designee must notify the inmate of an administrative block, ordinarily within five calendar days following the denial or removal of the number. For security reasons, the Associate Warden also has the authority to block telephone numbers from being called by all inmates at their institution. Examples of numbers blocked institution wide include, but are not limited to gambling lines, etc. Requests for BOP-wide blocking of telephone numbers shall be approved by the Chief, Intelligence Section or his/her designee. Telephone numbers for Victims and Witnesses (as defined in 28 C.F.R. § 151-151 a. & b.) that have requested notification regarding an inmate at a Bureau facility will be blocked at the facility where the inmate is housed.
e. Call Blocking by Recipient. In ITS, the call recipient has
the capability through his or her home telephone to deny and/or block further telephone calls from the inmate. A voice prompt will direct the called party through the process. This capability is available for direct-dial and collect calls from an inmate. Once the recipient blocks a telephone number, the recipient can unblock the number only when he or she sends a written request for reinstatement. To ensure the called party’s identity, the request for reinstatement must include a copy of a recent telephone bill. Trust Fund staff will process this request expeditiously. In the event that staff receive a telephonic request from a call recipient to have his/her telephone number blocked from an inmate’s telephone list, unit staff may request that the ITS
1/24/2008 Page 9 technician place a temporary suspension, not to exceed 20 calendar days, on an inmate calling that specific telephone number. Unit staff should take reasonable steps to verify the identity of the person making the request (e.g., by calling the number to be blocked). The call recipient should be informed that the blocking of the number is temporary, and that he or she must submit a prompt written request to make it permanent. Copies of written documentation, blocking or unblocking a telephone number (at the recipient’s request or the Associate Warden’s discretion) must be forwarded to Trust Fund staff in the Financial Management office.
f. Limitations on Inmate Telephone Calls.
d. Placement and Duration of Telephone Call. The placement
and duration of any telephone call is subject to availability of inmate funds. Ordinarily, an inmate who has sufficient funds is allowed at least three minutes for a telephone call. The Warden may limit the maximum length of telephone calling based on the situation at that institution (e.g., institution population or usage demand).
e. Exception. The Warden may allow the placement of collect
calls for good cause. Examples of good cause include, but are not limited to, inmates who are new arrivals to the institution, including new commitments and transfers; inmates confined at Metropolitan Correctional Centers, Metropolitan Detention Centers, or Federal Detention Centers; pretrial inmates; inmates in holdover status; inmates who are without funds (see § 540.105(b)); and in cases of family emergencies. The Warden will establish the maximum length of telephone calls, ordinarily 15 minutes. A warning tone ordinarily will be provided approximately one minute before the call is disconnected. This applies to both debit and collect telephone calls. The Warden determines the interval waiting period between completed telephone calls. Inmates with ITS accounts are limited to 300 minutes per calendar month. This applies to all inmates with an ITS account in Bureau institutions, and may be used for any combination of collect or direct-dial calls at the inmate’s discretion. Ordinarily, the inmates will be allowed an extra 100 minutes per month in November and December. Inmates who exhaust their 300 minute limitation may be provided additional minutes, at the Warden’s discretion, for good cause.
1/24/2008 Page 10 The 300 minutes per calendar month limitation does not apply to an inmate’s ability to place unmonitored legal telephone calls.
g. Hours of Telephone Operation. The hours of telephone
operation begin at 6:00 AM and end no later than 11:30 PM. Inmate telephones will not be available from at least 11:30 PM to 6:00 AM. Inmate access to telephones will normally be limited during the following times, Monday through Friday, not including holidays: 7:30 am until 10:30 am; and, 12:30 pm until after 4:00 pm count. Inmates are expected to be at their work assignments and must not use the telephone during their work hours. For inmates who work varied work shifts, at local discretion, institutions may leave one telephone per unit available for inmates on “days off,” or “evening shift” such as food service workers, UNICOR workers, etc. Staff are encouraged to take disciplinary action if an inmate leaves his or her work assignment to place a telephone call(s) without the appropriate institution staff member’s prior approval. These restrictions should not be imposed in Pretrial/Holdover institutions or Pretrial/Holdover Units where inmates are not required to work and generally have more need for telephone access during the day to prepare for trial.
h. Complaints. As with any complaint regarding any
correctional issue, an inmate may use procedures outlined in the Program Statement on the Administrative Remedy Program to resolve disputes concerning their telephone privileges, e.g. lists, access, accounts, and services.
9. MONITORING OF INMATE TELEPHONE CALLS.
§ 540.102 Monitoring of Inmate Telephone Calls. The Warden shall establish procedures that enable monitoring of telephone conversations on any telephone located within the institution, said monitoring to be done to preserve the security and orderly management of the institution and to protect the public. The Warden must provide notice to the inmate of the potential for monitoring. Staff may not monitor an inmate’s properly placed call to an attorney. The Warden shall notify an inmate of the proper procedures to have an unmonitored telephone conversation with an attorney.
1/24/2008 Page 11 As part of the admission and orientation process, inmates will be advised of the procedures for placing monitored and unmonitored telephone calls. The notification to inmates will be documented on the Acknowledgment of Inmate form (BP-408) and then filed in the inmate Central File. In addition, a notice will be placed, in both Spanish and English, at all monitored telephone locations within the institution advising the user that all conversations from that telephone are subject to monitoring and that using the telephone constitutes consent to this monitoring. A notice will advise inmates to contact their unit team to request an unmonitored attorney telephone call. The SIS must ensure that the notice(s) is placed at all monitored telephone locations within the institution. Requests for information (e.g., subpoenas) on monitored calls should be processed in accordance with the Program Statement Recorded Inmate Telephone Conversations, Requests for Production. The Bureau does not allow inmates to send or receive facsimile communications.
10. INMATE TELEPHONE CALLS TO ATTORNEYS.
§ 540.103 Inmate Telephone Calls to Attorneys. The Warden may not apply frequency limitations on inmate telephone calls to attorneys when the inmate demonstrates that communication with attorneys by correspondence, visiting, or normal telephone use is not adequate. The Bureau provides each inmate with several methods to maintain confidential contact with his or her attorney. For example: # inmate-attorney correspondence is covered under the special mail provisions; # private inmate-attorney visits are provided; and, # the inmate is afforded the opportunity to place an occasional unmonitored call to his or her attorney. Based on these provisions, frequent confidential inmate-attorney calls should be allowed only when an inmate demonstrates that communication with his or her attorney by other means is not adequate. For example, when the inmate or the inmate’s attorney can demonstrate an imminent court deadline (see the Program Statements Inmate Correspondence or Inmate Legal Activities).
1/24/2008 Page 12 Staff are to make reasonable efforts to verify unmonitored calls placed on an inmate’s behalf are to an attorney’s office. Inmates are responsible for the expense of unmonitored attorney telephone calls. When possible, it is preferred that inmates place unmonitored legal calls collect. Third-party or three-way calls are not authorized. 11. INMATE USE OF NON-ITS TELEPHONES (Non-attorney calls). On rare occasion, during times of crisis, staff designated by the Warden may find the need to allow inmates to place telephone calls outside the Inmate Telephone System. These calls should be placed on telephones that are set to record the conversation and shall follow the guidelines detailed below.
a. Additional monitored non-ITS telephones must be operated as
follows: (1) Inmates using the telephones must have read and signed the Acknowledgment of Inmate form (BP-408) indicating their understanding that telephone calls on that device are subject to monitoring; (2) A notice must be placed, in both English and Spanish, above or near the telephone indicating that all calls are subject to monitoring, and that using the telephone constitutes consent to such monitoring. The notice should also indicate that the telephone is for inmate use only. Staff are not permitted to use the telephone because staff telephone calls may not be monitored; (3) The telephone must be placed in a secure area (e.g., a locked office); (4) The telephone must be set to record telephone calls; (5) Staff coordinating the call shall notify the SIS staff in writing via email that telephone call was placed and shall include the following; and # The date/time, telephone number, and name of the person being called # The name and register number of the inmate placing the call # A brief reason for the call. (6) SIS staff shall be responsible for inputting this data into the recording system to ensure the call recording can identify the inmate on the telephone. This data must be entered within seven calendar days.
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b. Institutional Authorization Procedures for Additional
Monitored Non-ITS Telephones (Non-ITS) PS 5360, expressly provides for an additional monitored inmate telephone located in the Chapel area. As such, the procedures in this document for authorizing that single telephone do not apply. These procedures apply, rather, to additional monitored inmate telephones beyond the single additional telephone permitted by the religious policy (e.g., telephones located in the Lieutenant’s office, the Unit Team office). The following procedures must be followed when requesting additional monitored inmate telephones: (1) The Warden shall send a request to the Regional Director for consideration and identify the extraordinary reasons justifying the need for additional telephones; and
(2) If approved by the Regional Director, written notification of approval shall be provided to the Warden and the Administration Division’s Trust Fund Branch (TFB) staff for processing.
12. RESPONSIBILITY FOR INMATE MISUSE OF TELEPHONES.
§ 540.104 Responsibility for inmate misuse of telephones. The inmate is responsible for any misuse of the telephone. The Warden shall refer incidents of unlawful inmate telephone use to law enforcement authorities. The Warden shall advise an inmate that violation of the institution’s telephone regulations may result in institutional disciplinary action (See part 541, subpart B) Inmates violating this policy may be subject to disciplinary action pursuant to 28 CFR part 541, subpart B, and the policy on Inmate Discipline.
1/24/2008 Page 14 §540.105 Expenses of Inmate Telephone Use.
a. An inmate is responsible for the expenses of inmate
telephone use. Such expenses may include a fee for replacement of an inmate’s telephone access code that is used in an institution which has implemented debit billing for inmate calls. Each inmate is responsible for staying aware of his or her account balance through the automated process provided by the system. Third party billing and electronic transfer of a call to a third party are prohibited.
b. The Warden shall provide at least one collect call each
month for an inmate who is without funds. An inmate without funds is defined as an inmate who has not had a trust fund account balance of $6.00 for the past 30 days. The Warden may increase the number of collect calls based upon local institution conditions (e.g., institution population, staff resources, and usage demand). To prevent abuses of this provision (e.g., inmate shows a pattern of depleting his or her commissary funds prior to placing collect calls), the Warden may impose restrictions on the provisions of this paragraph b.
c. The Warden may direct the government to bear the expense
of inmate telephone use or allow a call to be made collect under compelling circumstances such as when an inmate has lost contact with his family or has a family emergency. 13. TELEPHONE RESTRICTIONS IMPOSED BY THE WARDEN. Inmates may be subject to telephone restrictions imposed by the Warden to protect the safety, security, and good order of the institution, as well as to protect the public. Telephone restrictions imposed under the authority of this section are separate and apart from telephone restrictions imposed by the UDC or DHO following formal and completed inmate discipline proceedings. Inmates with telephone restrictions are still entitled to place at least one telephone call per month, unless also under a sanction of telephone restriction the UDC or DHO imposed.
a. Authorized Circumstances. Inmates may be subject to
telephone restrictions under this section in the following two circumstances:
1/24/2008 Page 15 (1) Public Safety Factor (PSF). An inmate whose current offense, prior history, or threat characteristics indicate a propensity to abuse telephone privileges will be assigned the PSF – Serious Telephone Abuse. If an inmate is assigned the PSF for Serious Telephone Abuse (see the Security Designation and Custody Classification Manual), a telephone restriction is authorized. Telephone restrictions imposed under these circumstances are discretionary and necessary to ensure the institution’s safety, security, good order and/or to protect the public. When deemed necessary, the inmate’s Unit Manager will ordinarily recommend this type of restriction to the Warden for final decision making. Upon his/her initial commitment or redesignation, an inmate with a PSF for Serious Telephone Abuse will not be authorized use of the ITS until classified by the unit team. Inmates identified at their initial classification as requiring telephone restrictions will not be permitted access to the ITS until after the final review by the Warden. (2) Pending Investigation or Disciplinary Action for Possible Telephone Abuse. If an inmate is pending an investigation or disciplinary action for possible telephone abuse, a partial or total telephone restriction is authorized. Telephone restrictions imposed under these circumstances are discretionary and necessary to ensure the institution’s safety, security, or good order, and/or to protect the public. When deemed necessary, the Special Investigative Supervisor’s office will ordinarily recommend this type of restriction. Any telephone restriction recommended by the SIS office may only be imposed with the Warden’s approval, in accordance with the procedures outlined in this section.
b. Procedures for Imposing or Removing Telephone Restrictions.
The following procedures must be followed when imposing, removing, or renewing, a telephone restriction under this section: (1) The appropriate staff member recommends a telephone restriction to the Warden by completing the Request for Telephone Restriction form (BP-740.052). The recommending staff member should describe briefly the reason for recommending a telephone restriction, as well as the extent of the proposed restriction. For example, staff may recommend reducing an inmate’s telephone use to 100 minutes per month rather than a total restriction, if such a restriction would sufficiently protect the safety, security, or good order of the institution, or protect the public;
1/24/2008 Page 16 (2) The Warden will review the recommendation and either approve, modify, or deny the restriction. If the Warden approves a restriction, such decision must be based on the conclusion that it is necessary to protect the institution’s safety, security, or good order, or to protect the public; (3) If the Warden approves a telephone restriction, a copy of the completed form should be provided to the inmate, the Trust Fund Office, and placed in Section 3 of the inmate’s Central File; (4) Telephone restrictions imposed by the Warden due to a PSF for Serious Telephone Abuse must be reviewed at least every six months, ordinarily in conjunction with the inmate’s Program Review, to determine if the restriction should continue or be modified. A decision to continue a current telephone restriction imposed under this section requires no further action, but must be documented in the Program Review Report. Any proposed change to a current telephone restriction must be made according to these procedures, and requires the Warden’s approval. If appropriate, an inmate’s telephone privileges can be gradually restored, based on demonstrated responsibility documented by the inmate’s Unit Team or other staff; (5) Telephone restrictions imposed pending an investigation or pending disciplinary action for possible telephone abuse are limited to a period of 30 days. If an additional 30 day period is required to complete either the investigation or disciplinary process, the Warden must re-authorize the restriction using these procedures. Specifically, the Warden’s approval must be obtained on another Request for Telephone Restriction form (BP-740.052). Unless re-authorized in this manner, Trust Fund staff will obtain the Warden’s approval for reinstatement or continued restrictions every 30 days. Each subsequent restriction period is limited to 30 days. Staff should make every effort to complete investigations and disciplinary proceedings for possible telephone abuse within the first 30 day period of the telephone restriction; (6) Inmates with telephone restrictions under this section are still entitled to place at least one telephone call per month, unless also under a sanction of telephone restriction the UDC or DHO imposed following formal, and completed, inmate discipline proceedings. Ordinarily, such telephone calls are placed through the inmate telephone system, not by staff; and,
1/24/2008 Page 17 (7) Inmates may challenge telephone restrictions imposed under this section through the Administrative Remedy Program. /s/ Harley G. Lappin Director
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026