Management of Inmates with Disabilities (Program Statement 5200.06)

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

Field	Value
Program Statement	5200.06
Subject	Management of Inmates With Disabilities
Effective / current edition	11-22-2019
Change notices	None. BOP’s published policy list carries 5200.06 with no change notice.
Supersedes	Under the heading “Policy Rescinded,” the Program Statement lists “P5200.05 Management of Inmates With Disabilities (10/27/17)” — PS 5200.06 at p. 1
Governing statute	Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 — the Program Statement’s own reference list at p. 13 cites the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., and the Architectural Barriers Act, 42 U.S.C. § 4151 et seq. The Americans with Disabilities Act does not apply to the federal Bureau of Prisons — see Why the ADA is the wrong statute, below.
28 C.F.R. anchor	28 C.F.R. part 39, “Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Justice” — including the § 39.170 complaint procedure the Program Statement points to by number at p. 11. The Bureau’s own non-discrimination rule is 28 C.F.R. § 551.90.
Related BP forms	BP-A0148, Inmate Request to Staff (“cop-out”) — the accommodation-request vehicle named at PS 5200.06 at p. 9. Internal instruments: the Screening Checklist for Dyslexia (SCD) and, at the second stage, “the Woodstock-Johnson IV, or a Reentry Services Division approved assessment tool” (p. 7). BOP does not publish the BP-9, BP-10 or BP-11 forms.
Official PDF	bop.gov/policy/progstat/5200_06.pdf

Checked against the BOP policy set · 2026-09-06.

Program Statement 5200.06 is the Bureau of Prisons policy that tells staff how to find, flag and accommodate people in federal custody who have disabilities — physical, sensory, cognitive, intellectual and learning. It does three concrete things: it sets the SENTRY codes that mark someone as having a suspected or confirmed disability, it names the form a person uses to request an accommodation and the officials who decide it, and it points to the separate Department of Justice complaint procedure that has to be used after the ordinary grievance ladder runs out.

If the underlying problem is medical treatment rather than access — a condition that is not being treated, a specialist referral that is not happening, a care level that does not match the illness — that is a different track, and it starts with Patient Care (PS 6031.06) and Medical and Dental Care in Prison. This page is about access: getting into the program, the job, the housing unit, the classroom, the visiting room and the compound with the disability you have.

The rule itself: disability accommodation

Everything in this section is transcribed from the Bureau’s own text at bop.gov/policy/progstat/5200_06.pdf. The Appendix A tables and the accommodation procedure were additionally checked against the rendered pages of the original PDF.

The definitions

PS 5200.06 at p. 2, transcribed verbatim. These are the definitions staff are told to apply, and the first one is the one that matters most in practice:

Accommodation: A change or adjustment to practice, program, or facility that allows an inmate with disabilities to have appropriate access.

Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs): An inmate’s abilities to perform actions that involve the management of basic bodily functions (ADL) or activities that permit independent living (IADL). For example, an inmate with an impairment to an ADL may have difficulty eating; an inmate with an impairment to an IADL may be able to physically eat, but could not plan the meal or follow the recipe.

Assistive Technology: Adaptive or rehabilitative devices used by inmates with disabilities. Examples include hearing aids, communication devices, wheelchairs, walkers and text magnifiers.

Disability: An impairment that substantially limits an individual from performing major life activities. Disabilities may be physical and/or cognitive, and many individuals have more than one disability or a single disability that impacts more than one life activity. Types of disabilities include but are not limited to visual, hearing, speech, mobility, educational, intellectual, and cognitive. Refer to Appendix A for Health Services Physical/Sensory guidance.

Prosthesis: An artificial limb or body part.

Note that the Bureau’s definition of “accommodation” contains no reasonableness qualifier and no undue-burden qualifier. Those limits appear later, in section 10, and they come from the regulation rather than from the definition.

The SENTRY codes — the artifact families come looking for

Two sets of codes exist, and knowing which one is on a file changes what you should ask for. The first set is applied at the Designation and Sentence Computation Center before arrival, from the presentence report. PS 5200.06 at p. 5, verbatim:

Code	When it is applied (transcribed exactly)
SCRN DIS C	“This code is applied when the Pre-Sentence Report (PSR) indicates the inmate: 1) had an Individualized Education Program (IEP); 2) received special education services; 3) has an IQ of 70 or lower; or 4) was identified with a cognitive/intellectual or learning disability, an autism spectrum disorder, attention deficit/hyperactivity disorder, or traumatic brain injury; or 5) any other indication of intellectual or cognitive disability or neurodevelopmental disorder that affects learning.”
SCRN DIS P	“This code is applied when the PSR indicates the inmate: 1) has a sensory deficit such as blindness or deafness; 2) has physical limitations impacting activities of daily living (ADL’s) or instrumental activities of daily living (IADL’s), such as but not limited to: patient is wheelchair bound, inability to perform daily personal hygiene, inability to feed/clothe self, inability to move without assistance or assistive devices, or inability to walk up stairs.”
SCRN DIS O	“This code is applied when there is any other indication of a possible disability (e.g., limited information to conclusively define type).”

The “SCRN” codes are screening flags, not findings. The policy states that “In some cases, these screen codes will be used to guide designations, such that inmates believed to be in need of specific services may be designated to institutions with specialized services (e.g, inmates with intellectual disabilities may be designated to an institution with a Skills Program)” (p. 5) — which is why a code entered before anyone has met the person can determine which prison he goes to.

Once the institution assesses, the screening code comes off and a permanent code goes on. PS 5200.06 at p. 6, verbatim: “Upon conclusion of the assessment, the screen code is removed. If the presence of one or more disabilities is affirmed, a permanent SENTRY assignment is applied…. This assignment does not disclose protected health or sensitive information, but simply makes staff aware accommodations may be required.”

Code	What it means (transcribed exactly)
DIS C	“This code is applied to any inmate with a neurodevelopmental disorder, which may include an intellectual disability, an autism spectrum disorder, attention deficit/hyperactivity disorder, or a learning disability/disorder when this condition causes impairment in functioning. It may also be applied to individuals who experienced dementia, brain injuries, or other insults that produced cognitive impairment after adulthood.”
DIS P	“Indicates the presence of a sensory or physical disability requiring accommodation. While details of the specific disability cannot be disclosed, the accommodations required within the correctional setting while incarcerated should be known to all applicable staff.”
DIS D	“This code is applied when an inmate has been assessed and a determination has been made that the inmate has dyslexia. The inmate can then be identified and tracked so that programs and accommodations for dyslexia can be provided.”

Who does which assessment is fixed by the policy, p. 6: “Health Services staff complete all assessments pertaining to the SCRN DIS P and SCRN DIS O assignments. Education is responsible for all SCRN DIS C assignment screenings as well as screening for dyslexia.” And, importantly for anyone who arrived with nothing on file: “Any inmate who arrives without a screening code but self-identifies as having a disability during intake, or at any time during the incarceration period, is referred to the appropriate department for evaluation via normal procedures” (p. 7).

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: Read the SCRN DIS C criteria again and notice what drives them: the presentence report. An IEP, special education services, an IQ of 70 or lower, a documented TBI — if those facts are in the PSR, the Designation and Sentence Computation Center codes the file before your client ever reaches a prison, and that code can steer him toward an institution with a Skills Program. If those facts are not in the PSR, nothing is coded and the burden shifts entirely to self-identification after arrival. That makes the PSR objection window a disability-access decision as much as a guidelines decision. Get the records in at sentencing. Afterward, correcting the file is slow and the accommodation gap is real in the meantime.

How to request an accommodation — and who decides

This is the procedure the Program Statement actually sets out, at pp. 9–10. It is short, and the shortness is the point.

Who asks, and on what. “Staff members may provide accommodations to inmates with obvious disabilities without a formal inmate request (e.g., missing limb, documented history of hearing loss or blindness, etc.). Inmates also may request an accommodation or a modification to accommodations already provided by making an Inmate Request to Staff (BP-A0148). As described below, the institution will evaluate the request and make a final determination on the accommodation to be provided” (p. 9). Pretrial detainees are covered too: “Inmates in pretrial status may request accommodations to complete ADLs or in order to participate in the programs and services offered at that facility. The agency will evaluate these requests on a case-by-case basis and document findings” (p. 6).

Who decides. The first-line decider is the department that verified the disability: “If an accommodation is needed, it will be provided by the department that verified the disability. When a determination is made that an inmate’s needs go outside the scope of the department, different professions must work collaboratively to meet the needs of the inmate” (p. 9). Complex cases go to a committee — p. 10, verbatim: “For particularly complex cases, accommodations are determined by a team (known as a local disabilities committee), comprised of a Psychologist, medical provider, an educator, Recreation Specialist, Unit Manager, Reentry Affairs Coordinator, and Captain. This team is led by the Associate Warden, Programs, whose responsibility is to serve as the local coordinator on disabilities. Legal staff are consulted as needed. A Social Worker is part of the team if the position is filled.”

What the answer can be. “The accommodation provided does not have to be the accommodation requested by the inmate. Multiple options can be considered. Appropriate accommodations should promote improvement to ADLs and IADLs to the extent possible” (p. 10).

When it can be refused, and what has to happen first. “In deciding whether to grant an accommodation, institutions may consider whether the program or activity would be fundamentally altered, or whether it would result in undue financial or administrative burden. Before denying a request for accommodation on this basis, the appropriate legal office should be consulted” (p. 10). Wardens “should request assistance from the Regional Disabilities Coordinator if needed in evaluating accommodation requests,” and that coordinator “will consult with the Office of General Counsel and the Women and Special Populations Branch as needed” (p. 10).

What gets written down. “Information about accommodations authorized for a particular inmate is documented by the department approving them, and a notification is sent to the Unit Team” (p. 10).

There is no deadline. PS 5200.06 sets no time frame — none — for acknowledging an accommodation request, evaluating it, convening the local disabilities committee, or issuing a decision. Nothing in the sixteen pages obliges anyone to answer within any number of days. That absence is the single most consequential fact on this page, because it is what turns a request into a wait, and a wait is what the administrative remedy ladder exists to attack.

What counts as an accommodation

PS 5200.06 at p. 10, transcribed verbatim — this is an open list, not a closed one:

Accommodations may include, but are not limited to, accessibility of all relevant areas of the compound, assistive devices or technologies, specialized approaches to learning, interpreters, additional time to complete tasks, modified materials (e.g. large print), enhanced reentry planning, and inmate companions.

Four further rules travel with that list. On audio for course materials: “Education staff with knowledge of learning disabilities will determine the appropriate use of audio technology for program course materials with an understanding of dyslexia” (p. 10). On devices — and this is the sentence to quote when a device is taken:

Some inmates with physical or mobility impairments may require the use of assistive technologies (e.g., hearing aids, wheelchairs, prostheses). Under certain circumstances, inmates may not need to use these devices all of the time. Therefore, staff are reminded that failure to use these devices by the inmate is not a disciplinary infraction or an indicator the device is not needed. The Clinical Director or appropriate medical provider should be consulted prior to removing a device from an inmate’s possession, unless exigent circumstances exist. If the device is to be removed, an alternative accommodation should be provided if appropriate. (p. 10)

On peer support: “Peer support, such as inmate companions, are considered at institutions housing inmates with disabilities” (p. 10). On clothing and commissary: “Ordinarily, inmates with disabilities will have access to the same clothing and commissary items as other inmates. At times, there may be a need for modified clothing to address certain physical disabilities (i.e., missing limb). Medical staff will provide guidance when needed for this issue. The Warden may authorize the purchase of special commissary items for inmates with disabilities, based on the recommendation of a medical provider” (pp. 10–11), a decision that runs through the Trust Fund/Deposit Fund Manual.

Dyslexia screening — two phases, at intake and every reassessment

Section 6 reproduces the statutory text without naming the statute. PS 5200.06 at p. 7 prints it as:

(1) SCREENING.—The Attorney General shall incorporate a dyslexia screening program into the System, including by screening for dyslexia during— (A) the intake process; and (B) each periodic risk reassessment of a prisoner.

(2) TREATMENT.—The Attorney General shall incorporate programs designed to treat dyslexia into the evidence-based recidivism reduction programs or productive activities required to be implemented under this section. The Attorney General may also incorporate programs designed to treat other learning disabilities.

That is 18 U.S.C. § 3632(h), verbatim — a First Step Act provision, and the only piece of statutory text the Program Statement reproduces. The Bureau’s own implementation follows on the same page:

Dyslexia is assessed in two phases. This occurs at intake and then biannually as part of the reassessment process.

The first step of the two-part process begins with education staff completing the Screening Checklist for Dyslexia (SCD) which consists of sections focusing on historical information related to learning disorders, processing skills and perceptual problems. This checklist will be read aloud to inmates by education staff at the time of screening. A threshold score is set that indicates the possible presence of dyslexia. If this threshold is reached or if additional information suggesting dyslexia is present, the inmate proceeds to the second step of the assessment process.

For inmates who reach the threshold on the SCD, a qualified, trained staff member will administer the necessary sections of the Woodstock-Johnson IV, or a Reentry Services Division approved assessment tool, following the guidance provided by its authors. The results of the screening will be forwarded to the SOE to determine if the propensity for dyslexia exists.

“SOE” is the Supervisor of Education. The threshold score itself is not published. Note also what the policy does not say: it does not commit the Bureau to any particular dyslexia treatment program, only to sharing the result “with the unit team, psychology services and all other appropriate staff to ensure the inmate receives appropriate, individually-determined accommodations” (p. 7). The programming side of § 3632(h)(2) is worked out through First Step Act Assessments, Programming, and Incentives, not here.

The appeal route — and the second step almost nobody knows about

PS 5200.06 at p. 11, verbatim, is the whole of section 14:

Inmates may use the procedures of the Program Statement Administrative Remedy Program concerning any issues relating to this policy. After receiving a response to a BP-11, inmates alleging violations of the Rehabilitation Act must also use additional procedures required by the Department of Justice (DOJ) in order to exhaust available administrative remedies on these issues. The DOJ procedures are found at 28 C.F.R. § 39.170.

The Equal Employment Opportunity (EEO) Officer, Central Office, has been designated by DOJ and Bureau as the “Responsible Official” or “Official” as used in these regulations.

And at p. 12: “Inmates should file complaints with the EEO Officer, Central Office. All complaints should be sent to the Bureau’s EEO Office, and include copies of the administrative remedies and responses received. (i.e., BP-9, BP-10, and BP-11). Any costs incurred from the administrative process will be paid from the budget of the institution where the claim arose.”

Here is what that means, laid against the regulation itself, all of it verified:

Step	What the rule says	Source
1	Informal resolution with staff, ordinarily on a BP-A0148	28 C.F.R. § 542.13(a)
2	BP-9 Request for Administrative Remedy to the Warden, within “20 calendar days following the date on which the basis for the Request occurred”	28 C.F.R. § 542.14(a)
3	BP-10 appeal to the Regional Director, within 20 days of the Warden’s response	28 C.F.R. § 542.15(a)
4	BP-11 appeal to the General Counsel / Office of National Inmate Appeals, within 30 days of the Regional Director’s signed response	28 C.F.R. § 542.15(a)
5	DOJ complaint to the EEO Officer. “Before filing a complaint under this section, an inmate of a Federal penal institution must exhaust the Bureau of Prisons Administrative Remedy Procedure as set forth in 28 CFR part 542.”	28 C.F.R. § 39.170(d)(1)(ii)
6	The complaint deadline: “Complaints shall be filed within 180 days of the alleged act of discrimination, except that complaints by inmates of Federal penal institutions shall be filed within 180 days of the final administrative decision of the Bureau of Prisons under 28 CFR part 542. The Official may extend this time limit for good cause shown.”	28 C.F.R. § 39.170(d)(3)
7	Incomplete complaints: the Official notifies you within 30 days that more is needed; “If the complainant fails to complete the complaint within 30 days of receipt of this notice, the Official shall dismiss the complaint without prejudice.”	28 C.F.R. § 39.170(f)(2)
8	“Within 180 days of the receipt of a complete complaint, the Official shall complete the investigation of the complaint, attempt informal resolution, and, if no informal resolution is achieved, issue a letter of findings.”	28 C.F.R. § 39.170(g)(1)
9	The letter of findings must contain findings of fact and conclusions of law, “a description of a remedy for each violation found,” notice of the right to appeal, and notice of the right to request a hearing	28 C.F.R. § 39.170(h)
10	Appeal to the Complaint Adjudication Officer, with or without a hearing request, “within 30 days of receipt” of the letter of findings	28 C.F.R. § 39.170(i)(1)

The Fourth Circuit held exactly this in Williams v. Carvajal, 63 F.4th 279 (4th Cir. 2023): “We hold that the PLRA requires Williams to exhaust both the ARP and the EEO process and that the EEO process was ‘available’ to Williams.” The court rejected the argument that the Prison Litigation Reform Act reaches only internal prison grievance systems — “The statute does not say ‘such internal administrative remedies as are available.’ It says, ‘such administrative remedies as are available,’ full stop” — and rejected the argument that not knowing about the DOJ process made it unavailable, because the process is set out in publicly available regulations and program statements. That is why this section exists on this page.

Appendix A: the clinical thresholds

Appendix A, pp. 15–16, gives medical staff the severity bands. These were transcribed from the rendered pages of the original PDF, because the tables do not survive text extraction cleanly. The Bureau’s own framing, at p. 15: “These definitions provide clinical medical staff with ranges of clinical evidence for the purposes of determining severity of a disability in physical/sensory arenas. Individualized determinations of needed accommodations should be made, but broad guidance is provided by the Health Services Division.”

Vision impairment (p. 15). “Low vision is uncorrectable vision loss that interferes with daily activities and is usually described as permanently reduced vision that cannot be corrected with regular glasses, contact lenses, medicine, or surgery. Sudden losses of vision require immediate ophthalmology referrals.”

Bracket	Classification	Visual acuity and/or visual field
Normal	Normal range	Equal to 20/20 or less than 20/40
Normal	(no classification given in the Bureau’s table)	Worse than 20/40 or better than 20/70
Low Vision	Moderate	Worse than 20/70 or better than 20/200
Low Vision	Severe (Legally Blind)	Worse than 20/200 or better than/equal to 20/400 OR Visual field of 20 degrees or less
Blindness	Profound	Worse than 20/400 OR Visual field of 10 degrees or less to No Light Perception (NLP) or Form Perception

Hearing impairment (p. 15). “Auditory disabilities refer to hearing-related issues.”

Classification	Hearing range
Normal range	0 dB to 15 dB
Slight	16dB to 25dB
Mild	26 dB to 40 dB
Moderate	41 dB to 55 dB
Moderately Severe	56 dB to 70 dB
Severe	71 dB to 90 dB
Profound	over 91+ dB

Independence level (p. 16). “Physical disabilities interfere with an inmate’s ability to participate fully in institutional programs or services without accommodation.”

Classification	Definition
Independent	Able to do task without assistance
Modified Independent	Able to do task with adaptive equipment to assist or requires extra time to perform the task
Dependent	Unable to do task without assistance of another person

Activities of daily living (p. 16). Basic ADLs are “Activities involving functional mobility and personal care”: ambulation, wheelchair mobility, bed mobility, transfers, feeding, hygiene, toileting, bathing, dressing. Instrumental ADLs are “Functions concerned with a person’s ability to cope with her/his environment”: shopping, preparing meals, housework and basic home maintenance, laundry, use of transportation, managing finances (money), managing medication, use of the telephone or other communication device.

These tables are worth knowing because a functional assessment “should be completed for any inmate with a suspected disability” during the history and physical, and the result is recorded in the functional assessment and the Medical Duty Status (p. 9). “Modified Independent” — able to do the task with equipment or with extra time — is the band most often at issue in a program-access dispute, because it is the band in which an accommodation is the difference between participating and not.

Why the ADA is the wrong statute, and Section 504 is the right one

This is the most misstated point on this topic, so it is worth being exact.

The Americans with Disabilities Act does not apply to the federal Bureau of Prisons. Title II of the ADA reaches a “public entity,” and the statutory definition of that term covers state and local governments and their instrumentalities — not the federal government. The Second Circuit put the holding in one sentence in Cellular Phone Taskforce v. FCC, 217 F.3d 72 (2d Cir. 2000): “CPT’s claim fails, however, because Title II of the ADA is not applicable to the federal government.”

The confusion comes from a real Supreme Court case that says the opposite about a different kind of prison. In Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (1998), the Court held that Title II “unambiguously” covers inmates in state prisons, because “State prisons fall squarely within the statutory definition of ‘public entity,’ which includes ‘any department, agency, special purpose district, or other instrumentality of a State or States or local government.'” The Court reasoned that “Modern prisons provide inmates with many recreational ‘activities,’ medical ‘services,’ and educational and vocational ‘programs,’ all of which at least theoretically ‘benefit’ the prisoners,” and that “eligibility” and “participation” do not imply voluntariness. Yeskey is genuinely important — but it says nothing about federal prisons. The Court did not address whether the ADA applies to the Bureau of Prisons, and it could not have: the statutory definition it relied on is what excludes the federal government. So a family reading a state prisoner’s ADA case, or a jailhouse pleading built on one, is reading law that does not reach a BOP institution.

What does bind the Bureau is Section 504 of the Rehabilitation Act. 29 U.S.C. § 794(a) reads:

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

The same section directs that “The head of each such agency shall promulgate such regulations as may be necessary to carry out” the 1978 amendments. The Department of Justice’s regulations for its own programs are 28 C.F.R. part 39, titled “Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Justice.” The part is explicit about its scope: “As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs” (§ 39.103). The Bureau of Prisons is a component of the Department of Justice, and its institutions are DOJ-conducted programs.

Four provisions of part 39 do the actual work:

Provision	What binds (verbatim)
§ 39.130(a)	“No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency.” The section goes on to bar affording “an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others,” and providing an aid “that is not as effective in affording equal opportunity to obtain the same result.”
§ 39.130(d)	“The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons.”
§ 39.150	“The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons.” But this “does not… Necessarily require the agency to make each of its existing facilities accessible,” nor require action producing “a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens.” Where methods must be chosen, “the agency shall give priority to those methods that offer programs and activities to qualified handicapped persons in the most integrated setting appropriate.”
§ 39.160	“The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency.” And: “In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the handicapped person.” “Auxiliary aids” is defined at § 39.103 as “services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency.”

Two of those cut in different directions from the Program Statement, and both are worth holding onto. First, the regulation’s “primary consideration to the requests of the handicapped person” standard for auxiliary aids is stronger than PS 5200.06’s flat statement at p. 10 that “The accommodation provided does not have to be the accommodation requested by the inmate.” The regulation binds; the Program Statement is staff instruction. Where the request is for an auxiliary aid — an interpreter, a text magnifier, a communication device — § 39.160 is the citation, not the Program Statement. Second, the undue-burden and fundamental-alteration escape hatches in §§ 39.150 and 39.160 are not free: “The decision that compliance would result in such alteration or burdens must be made by the Attorney General or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.” A warden saying “we can’t afford it” is not that decision.

Finally, the Bureau’s own regulation adds a plain prohibition. 28 C.F.R. § 551.90: “Bureau staff shall not discriminate against inmates on the basis of race, religion, national origin, sex, disability, or political belief. This includes the making of administrative decisions and providing access to work, housing and programs.” Our explainer on the implementing policy is Non-Discrimination Towards Inmates (PS 1040.04).

And the buildings themselves: PS 5200.06 at p. 12 says institutions “should be accessible to the extent required under the Rehabilitation Act, the Architectural Barriers Act, relevant Federal standards concerning Government buildings (e.g., U.S. Access Board Standards),” and Bureau policy. The Architectural Barriers Act covers a building “to be constructed or altered by or on behalf of the United States” (42 U.S.C. § 4151) — which is why an older penitentiary built decades ago is not made unlawful by its stairs, and why the § 39.150 “viewed in its entirety” standard is usually the more productive argument.

What the disabilities policy means for you

If you are the person inside: put the request on a BP-A0148

Put the request in writing, on a BP-A0148, even if you have already asked three staff members verbally. The Program Statement names that form as the request vehicle (p. 9), and the date on it is what starts every clock that follows. Say four things in it: what the disability is, what specific task or program you cannot do without help, what accommodation you are asking for, and — if it is an auxiliary aid — that you are asking under 28 C.F.R. § 39.160, which directs that primary consideration be given to your request. Keep a copy. See Request to Staff, Inmate.

Know who your request goes to. It goes to the department that verified the disability — Health Services for a SCRN DIS P or DIS P code, Education for a SCRN DIS C or DIS D code, Psychology if an autism spectrum disorder is suspected (pp. 6–7). If your need crosses departments, the policy directs that they “work collaboratively,” and if the case is complex it goes to the local disabilities committee led by the Associate Warden, Programs (p. 10). Addressing the cop-out to the right department saves weeks.

If your assistive device is taken, the sentence to quote is at p. 10: “The Clinical Director or appropriate medical provider should be consulted prior to removing a device from an inmate’s possession, unless exigent circumstances exist. If the device is to be removed, an alternative accommodation should be provided if appropriate.” And if you are written up for not using a device, the sentence is: “staff are reminded that failure to use these devices by the inmate is not a disciplinary infraction or an indicator the device is not needed.” That belongs in the disciplinary defense, not in a grievance — see Inmate Discipline Program.

If you are the family member: two things that will surprise you

Two things about this policy will surprise you. The first is that the SENTRY disability code says nothing about the diagnosis — the policy is explicit that the assignment “does not disclose protected health or sensitive information, but simply makes staff aware accommodations may be required” (p. 6). So staff on the unit may know an accommodation is needed without knowing what the condition is. The second is that there is no deadline anywhere in the policy for answering an accommodation request. Nothing is technically late, which means the only leverage is a paper trail with dates on it.

That is where you can help most. Keep a dated log of every request your loved one tells you he made, to whom, and what came back. If he cannot write well — and a great many people in this situation cannot, which is the whole point of the DIS C and DIS D codes — the accommodation itself may be help with the writing. Gather the outside documentation too: an IEP, school records, a prior evaluation, a treating physician’s letter, an audiogram, an ophthalmology report. The institution’s assessment is done in-house, and outside records are the fastest way to move it. Our overview for families is What Families Should Know About Federal Prison, and the medical-side companion is Medical and Dental Care in Prison.

If you are counsel: disability accommodation

Three practical points, in the order they arise.

At sentencing. The SCRN DIS codes are built from the presentence report. An IEP, special education services, an IQ of 70 or lower, a documented traumatic brain injury, an autism or ADHD diagnosis — each is an enumerated trigger at PS 5200.06 p. 5. If it is not in the PSR, it is not coded, and the Designation and Sentence Computation Center designates without it. A judicial recommendation for a facility with appropriate services costs nothing and is a listed designation factor under 18 U.S.C. § 3621(b) (“the prisoner’s programmatic needs,” “the prisoner’s mental and medical health needs”). See The presentence report and Inmate Security Designation and Custody Classification.

In custody. Cite the regulation, not the Program Statement. Under Reno v. Koray, 515 U.S. 50 (1995), a Program Statement is “an internal agency guideline,” “akin to an ‘interpretive rule,'” and a departure from it is not itself a cause of action. 28 C.F.R. part 39 is a regulation and it binds. A well-built request pairs the two: the regulation for the standard, the Program Statement for the procedure the institution set for itself.

On exhaustion. This is the trap. Under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), no action may be brought about prison conditions until available administrative remedies are exhausted — and Williams v. Carvajal, 63 F.4th 279 (4th Cir. 2023), holds that for a Rehabilitation Act claim that means both the BOP Administrative Remedy Program and the DOJ complaint process at § 39.170. The 180-day § 39.170 clock runs from the final BOP decision on the BP-11, not from the underlying denial. A client who finishes the BP-11 and stops has not exhausted, and the Williams court held that not knowing the second process existed does not make it unavailable.

A note on scope. We are a federal criminal defense and post-conviction firm. We do not bring disability-discrimination damages actions against the Bureau of Prisons or its employees, and this page is not an invitation to file one. What we do is the administrative work: the accommodation request, the record, the remedy ladder, and the designation and medical-care problems underneath. Where the real issue is that a condition has become too serious for the institution to manage at all, the question stops being accommodation and becomes medical designation and care level or, in the right case, compassionate release.

What changed from PS 5200.05 to 5200.06

PS 5200.06, dated 22 November 2019, rescinded PS 5200.05, Management of Inmates With Disabilities (10/27/17) — PS 5200.06 at p. 1. Its Summary of Changes lists exactly one substantive addition, and it is printed like this at p. 1:

The following changes have been incorporated into the policy:

The requirements of section 301 of the First Step Act, codified at 18 § USC 3582 for dyslexia screening.

That citation is wrong twice over, and the error is BOP’s, not ours. The dyslexia screening requirement the policy goes on to reproduce verbatim at p. 7 is 18 U.S.C. § 3632(h), which was enacted by section 101(a) of the First Step Act, not section 301. Section 301 of the First Step Act is a different provision entirely: it created 18 U.S.C. § 4322, which prohibits the use of restraints on prisoners during pregnancy, labor and postpartum recovery — the U.S. Code credit line reads “(Added Pub. L. 115–391, title III, § 301(a), Dec. 21, 2018).” And 18 U.S.C. § 3582 is the sentence-imposition and sentence-reduction statute, which has nothing to do with dyslexia. The Program Statement’s own reference list at p. 13 compounds it, listing “Title 18 CFR, Section 3582” — there is no such thing; 18 C.F.R. is the Federal Energy Regulatory Commission’s title. None of this changes what the policy directs staff to do, because the operative text at p. 7 is the correct statutory language. It does mean that anyone tracing the authority from the Summary of Changes will land in the wrong place.

The other thing that has changed is the ground under the policy. Eight of the fourteen Program Statements PS 5200.06 cross-references at p. 13 no longer exist in the form cited:

Reference as printed at p. 13	Status on BOP’s published policy list today
P4200.12 Facilities Operations Manual (7/18/17)	Now 4200.13, dated 5/7/2026.
P4220.06 Design and Construction Procedures (6/15/2017)	Not on the published list. No 4220-series Program Statement appears. The physical-accessibility cross-reference at PS 5200.06 p. 12 therefore points at a directive BOP no longer publishes.
P4500.12 Trust Fund/Deposit Fund Manual (3/15/18)	Now 4500.13.
P5100.08 Security Designation and Custody Classification Manual (9/4/19)	Now 5100.08 CN-3, dated 5/6/2026.
P5310.16 Treatment and Care of Inmates with Mental Illness (5/1/14)	Now 5310.16 CN-1, dated 2/18/2025.
P5322.13 Inmate Classification and Program Review (5/16/14)	Gone. The function is PS 5321.09, Unit Management and Inmate Program Review (CN-1, 2/27/2025).
P5325.07 Release Preparation Program (8/15/19)	Now 5325.09, dated 6/22/2026 — one of the 23 Program Statements BOP reissued on 22 June 2026.
P5350.28 Literacy Program Standard (12/1/03)	Not on the published list. The literacy statement is now 5356.01, dated 6/22/2026.
P6031.04 Patient Care (6/3/14)	Now 6031.06, dated 6/22/2026.
P1330.18 (1/6/14) · P5290.15 (3/30/09) · P5310.17 (8/25/16) · P5800.15 (9/23/16) · P6090.04 (3/2/15)	Unchanged; still the current editions.

None of that alters what 28 C.F.R. part 39 requires. It does mean that a request or a grievance built by copying PS 5200.06’s cross-references will cite superseded policy, and that the accessibility standard for new construction is currently untraceable through the Program Statement.

Where people get stuck requesting an accommodation

Four problems recur. Each has a route.

The request went in and nothing came back. This is the commonest problem, and it is a direct consequence of the policy setting no deadline. The route is to build the record and then run the ladder. Send a second BP-A0148 that references the first by date, states that no response has been received, and asks specifically whether the matter has been referred to the local disabilities committee (PS 5200.06 at p. 10). If nothing follows, file a BP-9 to the Warden within “20 calendar days following the date on which the basis for the Request occurred” — 28 C.F.R. § 542.14(a), subject to an extension “[w]here the inmate demonstrates a valid reason for delay” — then BP-10 to the Regional Director and BP-11 to the Office of National Inmate Appeals under 28 C.F.R. part 542, subpart B. BOP publishes BP-A0148 but does not publish the BP-9, BP-10 or BP-11 forms; you get those from the unit team. See Administrative Remedy Program and Prison Grievances.

The BP-11 came back denied, and everyone stopped there. Stopping there is the single most expensive mistake on this topic. Section 14 of the Program Statement says it in terms: “After receiving a response to a BP-11, inmates alleging violations of the Rehabilitation Act must also use additional procedures required by the Department of Justice (DOJ) in order to exhaust available administrative remedies on these issues” (p. 11). The complaint goes to the EEO Officer, Central Office, with copies of the BP-9, BP-10 and BP-11 and the responses (p. 12), and it must be filed within 180 days of the final BOP decision — 28 C.F.R. § 39.170(d)(3). Williams v. Carvajal, 63 F.4th 279 (4th Cir. 2023), affirmed dismissal for failure to take this step. Calendar the 180 days the day the BP-11 response arrives.

The disability is not coded, so nobody treats it as real. If a person arrived with no SCRN DIS code — because the presentence report was silent — the policy’s answer is self-identification: “Any inmate who arrives without a screening code but self-identifies as having a disability during intake, or at any time during the incarceration period, is referred to the appropriate department for evaluation via normal procedures” (p. 7). Do that in writing, attach or reference the outside documentation, and ask by name for the functional assessment the policy directs during the history and physical (p. 9). Where the file itself is the problem, a Freedom of Information Act or Privacy Act request for the central file and the Medical Duty Status entries is the way to see what is actually recorded — see also Inmate Central File, Privacy Folder, and Parole Mini-Files (PS 5800.17).

The facility simply cannot manage the condition. Some problems are not accommodation problems. A person who needs care the institution’s care level does not provide is a designation question, governed by Medical Designations and Referral Services for Federal Prisoners (PS 6270.02) and handled through the Office of Medical Designations at Grand Prairie — PS 5200.06 itself directs that “If there is concern about the ability of the inmate to be accommodated at a particular facility, consultation will be sought with the Women and Special Populations Branch, Psychology Services Branch, or Office of Medical Designations, as appropriate” (p. 4). Where the condition is terminal, progressive, or has left someone unable to provide self-care, the question may be compassionate release instead. Those belong in a consult — see Federal Prison Consulting Services or contact us.

Property loss and injury claims run on a different track from all of this, under the Federal Tort Claims Act on an SF-95, not through a BP-9.

Related BOP policy on disability accommodation

The medical-care pair: Medical and Dental Care in Prison is the plain-language walkthrough of how health care actually works inside, and Medical Care Levels in Federal Prison explains the care-level system that decides which institution can hold which conditions. Both link back here for the access rule.

Policies that meet this one directly: Patient Care (PS 6031.06) for the functional assessment, the Medical Duty Status and durable medical equipment. Medical Designations and Referral Services (PS 6270.02) for care levels and medical redesignation. Management of Aging Offenders (PS 5241.01) for the population where disability and age converge. Treatment and Care of Inmates With Mental Illness (PS 5310.16), which PS 5200.06 at p. 5 names as controlling “the management of inmates with mental health disabilities.” Psychology Treatment Programs (PS 5330.11) for the Skills Program the disability screen can designate someone toward. Female Integrated Treatment (PS 5240.01), which cross-references this Program Statement by name for supportive interventions and for full inclusion of participants with disabilities.

Access, education and records: Literacy Program (PS 5356.01) and the English as a Second Language program for the education side of the DIS C and DIS D codes. First Step Act Assessments, Programming, and Incentives (PS 5405.01) and First Step Act Time Credits (PS 5410.01) for the reassessment cycle the dyslexia screen runs on. Inmate Recreation Programs (PS 5370.12) for the recreation access section 8 promises. Release Preparation Program (PS 5325.09) for the reentry obligations in section 13.

Routes and rights: Request to Staff, Inmate, Administrative Remedy Program, FOIA and Privacy Act Requests, Non-Discrimination Towards Inmates (PS 1040.04), and What Rights Do Prisoners Have?. Further reading: Mental Health Programs For Inmates, Federal Medical Centers, Federal Prison Dental Care, Inmate Copayment Program, and Elderly Prisoners in the Federal Bureau of Prisons.

Frequently Asked Questions About Inmates With Disabilities

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Program Statement 5200.06 — full text

The full text of Program Statement 5200.06 follows, reproduced from the Bureau’s published PDF exactly as issued — nothing summarized and nothing omitted. Source: bop.gov PDF.

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI: RSD/WSP NUMBER: 5200.06 DATE: 11/22/2019

Management of Inmates With Disabilities

/s/ Approved: Kathleen Hawk Sawyer Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

To ensure the Bureau of Prisons (Bureau) properly identifies, tracks, and provides services to inmates with disabilities.

a. Program Objectives. Expected results of this program are:

• Institutions ensure inmates with disabilities have appropriate access to programs, services and accommodations.
• Reentry planning includes referral to accommodation services and accessible housing.
• Sufficient resources will be allocated to deliver appropriate services to inmates with disabilities.
• Staff will be provided training in order to work with inmates with disabilities.

b. Summary of Changes

Policy Rescinded

The following changes have been incorporated into the policy:

The requirements of section 301 of the First Step Act, codified at 18 § USC 3582 for dyslexia screening.

b. Institution Supplement. None required. Should local facilities make any changes outside

changes required in national policy or establish any additional local procedures to implement national policy, the local Union may invoke to negotiate procedures or appropriate arrangements.

2. DEFINITIONS

Accommodation: A change or adjustment to practice, program, or facility that allows an inmate with disabilities to have appropriate access.

Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs): An inmate’s abilities to perform actions that involve the management of basic bodily functions (ADL) or activities that permit independent living (IADL). For example, an inmate with an impairment to an ADL may have difficulty eating; an inmate with an impairment to an IADL may be able to physically eat, but could not plan the meal or follow the recipe.

Assistive Technology: Adaptive or rehabilitative devices used by inmates with disabilities. Examples include hearing aids, communication devices, wheelchairs, walkers and text magnifiers.

Disability: An impairment that substantially limits an individual from performing major life activities. Disabilities may be physical and/or cognitive, and many individuals have more than one disability or a single disability that impacts more than one life activity. Types of disabilities include but are not limited to visual, hearing, speech, mobility, educational, intellectual, and cognitive. Refer to Appendix A for Health Services Physical/Sensory guidance. Prosthesis: An artificial limb or body part.

3. AGENCY RESPONSIBILITIES

The following Bureau components are responsible for ensuring consistent establishment of the programs, services, and resource allocations for necessary accommodations for inmates with disabilities. This will be done in accordance with all, laws, rules and regulations.

a. Central Office

(1) The Women and Special Populations Branch is the agency’s primary source on classification, management, and intervention programs and practices for inmates with disabilities in Bureau custody, and oversees the Disabilities Management Program. A Disabilities Program Manager position is supervised within the Branch. The Branch is responsible for the following functions as they relate to inmates with disabilities:

• Ensuring the Bureau offers appropriate services to inmates with disabilities.
• Responding to or requesting responses to inquiries related to disabilities on behalf of Central Office.
• Providing guidance and direction to Regional staff and institution leadership on inmates with disabilities issues.
• Developing and implementing staff training on inmates with disabilities issues.
• Building a research-based foundation for the Bureau’s work with inmates with disabilities.
• Presenting at internal and external conferences/events regarding the agency’s practices for managing inmates with disabilities.
• Issuing an annual report on the state of inmates with disabilities in the Bureau.
• Advising agency leadership on needs of inmates with disabilities.
• Coordinating with the Office of Research and Evaluation to conduct an annual survey of inmates with disabilities in the Bureau.
• Providing national oversight of all pilot programs and initiatives serving inmates with disabilities, including reviewing programs proposed in other Divisions.
• Acting as the agency’s primary point of contact on issues affecting inmates with disabilities.

(2) Central Office Branches/Divisions of Correctional Services, Psychology Services, Education, Correctional Programs, Reentry Affairs, Residential Reentry Management, Health Services, Social Work, Office of General Counsel, and Trust Fund meet annually with the Women and Special Populations Branch to discuss inmates with disabilities population needs and evaluate current services. The National Union will be invited to attend these meetings. Once a meeting is scheduled, a notification will be sent to all parties of the date and time of the meeting.

(3) The Disabilities Committee, led by the Women and Special Populations Branch, consists of staff members from the Health Services, Psychology Services, Correctional Programs, and Education Branches, and the Office of General Counsel. The Committee will meet as needed to ensure appropriate coordination of inter-departmental services and to address particularly complex field issues. The Office of Security Technology is consulted on matters pertaining to assistive technologies. The Residential Reentry Management Branch and Reentry Affairs Branch are consulted on matters pertaining to transitional issues.

b. Regional Offices

• Provide oversight to institutions regarding services and other relevant trends managing inmates with disabilities.
• Assign a Collateral Duty as Regional Disabilities Program Manager. This individual meets quarterly with the Women and Special Populations Branch to discuss staffing, programming, and access needs.

c. Institutions

• Ensure inmates with disabilities have access to appropriate programs and services.
• Enter tracking information for inmates with disabilities by updating SENTRY and other databases (e.g., Psychology Data System (PDS) or Bureau Electronic Medical Record (BEMR)), as appropriate.
• Provide appropriate reentry resources.
• Allocate appropriate funds for accommodations or request additional funds, when necessary.
• Convene a local Disabilities Committee as described in Section 10.

4. STAFF TRAINING

All staff will complete the online training “Inmates with Disabilities,” while on duty time and within one year from the date of this policy. New staff will take the class within one year of the Entrance on Duty date. Participation in this class will be tracked by Human Resources.

Additionally, refresher information about managing the population of inmates with disabilities will be provided annually. Key topics that must be covered are listed on the Women and Special Populations Branch Sallyport page.

The Women and Special Populations Branch will be responsible for developing resource materials and current information on the management of inmates with disabilities. This information will be made available to staff on the Women and Special Populations Branch Sallyport page.

Chief Executive Officers (CEOs) ensure staff will be provided adequate time to complete trainings during duty hours.

5. DESIGNATIONS

Ordinarily, inmates suspected to have disabilities are designated via standard procedures specified in the Program Statement Inmate Security Designation and Custody Classification. If there is concern about the ability of the inmate to be accommodated at a particular facility, consultation will be sought with the Women and Special Populations Branch, Psychology Services Branch, or Office of Medical Designations, as appropriate.

6. DOCUMENTATION AND SENTRY ASSIGNMENTS

a. Medical and Mental Health Information. Medical and mental health information for

inmates with disabilities will be maintained in the current electronic recordkeeping system and may be provided to staff in accordance with the Program Statement Health Information Management.

In some cases the presence of mental illness may comprise a disability. The management of inmates with mental health disabilities is directed by the Program Statement Treatment and Care of Inmates with Mental Illness.

b. Initial Screening. The Bureau utilizes a screening process to identify inmates with

disabilities entering custody. The process begins at the Designation and Sentence Computation Center (DSCC), where the records of inmates are reviewed and suspected disabilities are coded in SENTRY. Upon arrival, staff identified below use these screening codes to engage in an assessment of inmates who has been screened, as well as any inmate who self-identifies as having a potential disability. Codes are not exclusive, and an inmate may have more than one assignment. The CMA codes indicating possible cognitive, physical/sensory, or unspecified disabilities entered at the DSCC are:

SCRN DIS C – This code is applied when the Pre-Sentence Report (PSR) indicates the inmate: 1) had an Individualized Education Program (IEP); 2) received special education services; 3) has an IQ of 70 or lower; or 4) was identified with a cognitive/intellectual or learning disability, an autism spectrum disorder, attention deficit/hyperactivity disorder, or traumatic brain injury; or 5) any other indication of intellectual or cognitive disability or neurodevelopmental disorder that affects learning.

SCRN DIS P – This code is applied when the PSR indicates the inmate: 1) has a sensory deficit such as blindness or deafness; 2) has physical limitations impacting activities of daily living (ADL’s) or instrumental activities of daily living (IADL’s), such as but not limited to: patient is wheelchair bound, inability to perform daily personal hygiene, inability to feed/clothe self, inability to move without assistance or assistive devices, or inability to walk up stairs.

SCRN DIS O – This code is applied when there is any other indication of a possible disability (e.g., limited information to conclusively define type).

In some cases, these screen codes will be used to guide designations, such that inmates believed to be in need of specific services may be designated to institutions with specialized services (e.g, inmates with intellectual disabilities may be designated to an institution with a Skills Program).

Once they arrive at the designated institution, all inmates are assessed via routine intake procedures in Health Services and Psychology. Inmates will receive in-person screening by Education staff in accordance with Education intake procedures. Additional assessment may be required per guidance in each department. Such guidance will be made available on Sallyport.

Inmates in pretrial status may request accommodations to complete ADLs or in order to participate in the programs and services offered at that facility. The agency will evaluate these requests on a case-by-case basis and document findings. See Section 10 for procedures. Procedures in this section apply to pretrial inmates.

Health Services staff complete all assessments pertaining to the SCRN DIS P and SCRN DIS O assignments. Education is responsible for all SCRN DIS C assignment screenings as well as screening for dyslexia. If either department discovers the disability referenced may exist, but is better assessed by a psychologist or medical provider, a referral is made. Examples of this scenario include the presence of dementia, traumatic brain injury, or autism spectrum disorders.

Upon conclusion of the assessment, the screen code is removed. If the presence of one or more disabilities is affirmed, a permanent SENTRY assignment is applied (this may replace a screening code or be newly added). This assignment does not disclose protected health or sensitive information, but simply makes staff aware accommodations may be required. The codes entered at the institution are:

DIS C – This code is applied to any inmate with a neurodevelopmental disorder, which may include an intellectual disability, an autism spectrum disorder, attention deficit/hyperactivity disorder, or a learning disability/disorder when this condition causes impairment in functioning. It may also be applied to individuals who experienced dementia, brain injuries, or other insults that produced cognitive impairment after adulthood.

DIS P – Indicates the presence of a sensory or physical disability requiring accommodation. While details of the specific disability cannot be disclosed, the accommodations required within the correctional setting while incarcerated should be known to all applicable staff.

DIS D – This code is applied when an inmate has been assessed and a determination has been made that the inmate has dyslexia. The inmate can then be identified and tracked so that programs and accommodations for dyslexia can be provided.

Any inmate who arrives without a screening code but self-identifies as having a disability during intake, or at any time during the incarceration period, is referred to the appropriate department for evaluation via normal procedures.

Dyslexia Screening —

(1) SCREENING.—The Attorney General shall incorporate a dyslexia screening program into the System, including by screening for dyslexia during— (A) the intake process; and (B) each periodic risk reassessment of a prisoner.

(2) TREATMENT.—The Attorney General shall incorporate programs designed to treat dyslexia into the evidence-based recidivism reduction programs or productive activities required to be implemented under this section. The Attorney General may also incorporate programs designed to treat other learning disabilities.

Dyslexia is assessed in two phases. This occurs at intake and then biannually as part of the reassessment process.

The first step of the two-part process begins with education staff completing the Screening Checklist for Dyslexia (SCD) which consists of sections focusing on historical information related to learning disorders, processing skills and perceptual problems. This checklist will be read aloud to inmates by education staff at the time of screening. A threshold score is set that indicates the possible presence of dyslexia. If this threshold is reached or if additional information suggesting dyslexia is present, the inmate proceeds to the second step of the assessment process.

For inmates who reach the threshold on the SCD, a qualified, trained staff member will administer the necessary sections of the Woodstock-Johnson IV, or a Reentry Services Division approved assessment tool, following the guidance provided by its authors. The results of the screening will be forwarded to the SOE to determine if the propensity for dyslexia exists. This information will be shared with the unit team, psychology services and all other appropriate staff to ensure the inmate receives appropriate, individually-determined accommodations. If necessary, staff may consult with the School Psychologist in the Reentry Services Division.

7. INSTITUTION PSYCHOLOGY SERVICES

Assessment of intellectual and cognitive disabilities is a specialized skill. Typically, institution Psychology Services Departments do not provide routine assessment of inmates with SCRN DIS C SENTRY codes unless the presence of an autism spectrum disorder is suspected. Additionally, Psychology Services will assess referrals to specialized psychology treatment programs such as Skills. Alternately, based upon the psychologist’s preliminary assessment

during routine intake, a referral to the Clinical Director and/or the Education Department may be generated for the possibility of a disability in an area best assessed by those departments.

In addition to a referral to medical or educational services, inmates with cognitive or physical disabilities may be offered individual psychotherapy. Coping with a disability may cause symptoms of distress, or unrelated mood disorders, anxiety disorders, substance use disorders, personality disorders, etc., may also be present; a treatment plan will be developed to fully address these symptoms.”

If an institution has multiple inmates with disabilities, a support group may also be a component of the treatment plan. If staffing levels allow, such groups are facilitated by Social Workers based upon a referral from Psychology Services. At institutions with no Social Workers, the Disabilities Program Manager in Central Office is consulted about ways to support this population.

8. INSTITUTION EDUCATION AND RECREATION SERVICES

Opportunities for educational and vocational services, provided by Education staff, and recreational services, provided by Recreation staff, are afforded to all inmates, including those with disabilities.

Inmates who participate in mandatory education programs, such as the Literacy Program, will be administered a standardized placement test as a base measure of assessment. If an education-related cognitive or intellectual disability is suspected, either due to a SCRN DIS C assignment or a lack of academic progress, a referral may be made for further assessment. Procedures for determining which tests to provide under various circumstances are determined by the Education Branch. This may include achievement testing, along with a referral for intelligence testing through a qualified education staff member. If an institution is not staffed to support this testing, the Supervisor of Education at the institution will make contact with local colleges and universities offering graduate degrees in school psychology to determine if qualified individuals are available to provide these services. Additionally, contracted licensed school psychologist services may be acquired in accordance with applicable laws, rules, and policies. Consultation must be made with the Central Office Chief Education Administrator in these situations. Exemptions, such as those related to program participation, will be made in accordance with the Program Statement Literacy Program Standard.

Inmates with cognitive, intellectual, or physical disabilities may require educational accommodations, even if they do not require additional accommodations for daily living.

9. INSTITUTION MEDICAL SERVICES

All inmates are screened upon arrival by medical staff during intake, and providers have the opportunity to note information in BEMR about disabilities in accordance with the Program Statement Patient Care. During the history and physical examination, a functional assessment should be completed for any inmate with a suspected disability (e.g., any inmate with a SCRN DIS assignment, any inmate with a possible disability detected during the intake screening, or any inmates who identify a disability during the history and physical) to determine the level of deficit based on the established definitions for sensory and physical disabilities. Appendix A provides general guidance on categories and definitions. Once the level of disability is determined, applicable information pertaining to the disability must be recorded in the functional assessment, as well as the Medical Duty Status (MDS), if applicable, along with any issued durable medical equipment.

If no disabilities are noted, a negative response in BEMR is indicated.

Normally, permanent SENTRY assignments are loaded by Health Information Technicians upon notification by clinical medical providers. Institutions follow similar procedures to those used for entering and updating MDS assignments.

10. ACCOMMODATIONS AND PROGRAM ACCESS

Staff members may provide accommodations to inmates with obvious disabilities without a formal inmate request (e.g., missing limb, documented history of hearing loss or blindness, etc.). Inmates also may request an accommodation or a modification to accommodations already provided by making an Inmate Request to Staff (BP-A0148). As described below, the institution will evaluate the request and make a final determination on the accommodation to be provided.

Inmates with disabilities are not denied access to programs and services solely based on the presence or suspected presence of a disability. When a disability creates barriers for an inmate’s program participation, Bureau staff will modify the program to the extent possible to accommodate the individual while maintaining program integrity, or provide an appropriate accommodation to the inmate unless an undue burden exists.

Accommodation needs vary from person to person, and therefore must be individualized. If an accommodation is needed, it will be provided by the department that verified the disability. When a determination is made that an inmate’s needs go outside the scope of the department, different professions must work collaboratively to meet the needs of the inmate. For particularly complex cases, accommodations are determined by a team (known as a local disabilities committee), comprised of a Psychologist, medical provider, an educator, Recreation Specialist,

Unit Manager, Reentry Affairs Coordinator, and Captain. This team is led by the Associate Warden, Programs, whose responsibility is to serve as the local coordinator on disabilities. Legal staff are consulted as needed. A Social Worker is part of the team if the position is filled.

The accommodation provided does not have to be the accommodation requested by the inmate. Multiple options can be considered. Appropriate accommodations should promote improvement to ADLs and IADLs to the extent possible. Wardens should request assistance from the Regional Disabilities Coordinator if needed in evaluating accommodation requests. The Regional Disabilities Coordinator will consult with the Office of General Counsel and the Women and Special Populations Branch as needed.

In deciding whether to grant an accommodation, institutions may consider whether the program or activity would be fundamentally altered, or whether it would result in undue financial or administrative burden. Before denying a request for accommodation on this basis, the appropriate legal office should be consulted.

Accommodations may include, but are not limited to, accessibility of all relevant areas of the compound, assistive devices or technologies, specialized approaches to learning, interpreters, additional time to complete tasks, modified materials (e.g. large print), enhanced reentry planning, and inmate companions. Information about accommodations authorized for a particular inmate is documented by the department approving them, and a notification is sent to the Unit Team.

Education staff with knowledge of learning disabilities will determine the appropriate use of audio technology for program course materials with an understanding of dyslexia.

Some inmates with physical or mobility impairments may require the use of assistive technologies (e.g., hearing aids, wheelchairs, prostheses). Under certain circumstances, inmates may not need to use these devices all of the time. Therefore, staff are reminded that failure to use these devices by the inmate is not a disciplinary infraction or an indicator the device is not needed. The Clinical Director or appropriate medical provider should be consulted prior to removing a device from an inmate’s possession, unless exigent circumstances exist. If the device is to be removed, an alternative accommodation should be provided if appropriate.

Peer support, such as inmate companions, are considered at institutions housing inmates with disabilities.

11. CLOTHING AND COMMISSARY ITEMS

Ordinarily, inmates with disabilities will have access to the same clothing and commissary items

as other inmates. At times, there may be a need for modified clothing to address certain physical disabilities (i.e., missing limb). Medical staff will provide guidance when needed for this issue.

The Warden may authorize the purchase of special commissary items for inmates with disabilities, based on the recommendation of a medical provider, in accordance with the Program Statement Trust Fund/Deposit Fund Manual.

12. INSTITUTION PHYSICAL STRUCTURE

Institutions should be accessible to the extent required under the Rehabilitation Act, the Architectural Barriers Act, relevant Federal standards concerning Government buildings (e.g., U.S. Access Board Standards), and Bureau policies including the Program Statements Design and Construction Procedures and Facilities Operations Manual.

13. REENTRY NEEDS

The Residential Reentry Management Branch must be notified in the referral packet of any releasing inmate with a SENTRY CMA disabilities assignment. With the exception of immediate releases, Unit Team notifies the Social Worker or Reentry Affairs Coordinator when they are working on release plans for inmates with disabilities releasing directly to the community.

Institution Social Workers and Reentry Affairs Coordinators locate resources, specialized services, and direct placements in the community serving individuals with disabilities, and should be consulted. Reentry Affairs Coordinators collaborate with the department identifying the disability and assist in locating appropriate volunteers or mentors for this population.

The Women and Special Populations Branch can also be contacted to provide guidance and resources for reentry needs of inmates with disabilities.

14. ADMINISTRATIVE REMEDIES

Inmates may use the procedures of the Program Statement Administrative Remedy Program concerning any issues relating to this policy. After receiving a response to a BP-11, inmates alleging violations of the Rehabilitation Act must also use additional procedures required by the Department of Justice (DOJ) in order to exhaust available administrative remedies on these issues. The DOJ procedures are found at 28 C.F.R. § 39.170.

The Equal Employment Opportunity (EEO) Officer, Central Office, has been designated by DOJ and Bureau as the “Responsible Official” or “Official” as used in these regulations.

Inmates should file complaints with the EEO Officer, Central Office. All complaints should be sent to the Bureau’s EEO Office, and include copies of the administrative remedies and responses received. (i.e., BP-9, BP-10, and BP-11).

Any costs incurred from the administrative process will be paid from the budget of the institution where the claim arose.

REFERENCES

Statutes Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Architectural Barriers Act, 42 U.S.C. § 4151 et seq.

U.S. Codes Referenced Title 18 CFR, Section 3582. Title 28 CFR, Section 39.170 Title 28 CFR, Sections 39 & 500

Program Statements

P5100.08 Security Designation and Custody Classification Manual (9/4/19)

Additional Resources For Medical Providers American Academy of Ophthalmology and International Ophthalmology American Speech Language and Hearing Association

ACA Standards (see Program Statement Directives Management Manual, Section 2.5 and 10.3)

• American Correctional Association Standards for Adult Correctional Institutions, 4th Edition: 4-4142, 4-4143, 4-4144, 4-4169, 4-4429, 4-4429.1, 4-4450, 4-4475.
• American Correctional Association Performance Based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF-2A-34, 4-ALDF-6B-02, 4-ALDF-6B-04,, 4-ALDF-6B-05, 4-ALDF-6B-06, 4-ALD-6B-07, 4-ALDF-6B-08.
• American Correctional Association Standards for Administration of Correctional Agencies, 2nd Edition: None.
• American Correctional Association Standards for Correctional Training Academies: None.

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

Appendix A: Health Services Physical/Sensory Guidance

These definitions provide clinical medical staff with ranges of clinical evidence for the purposes of determining severity of a disability in physical/sensory arenas. Individualized determinations of needed accommodations should be made, but broad guidance is provided by the Health Services Division.

Visual Disabilities. Low vision is uncorrectable vision loss that interferes with daily activities and is usually described as permanently reduced vision that cannot be corrected with regular glasses, contact lenses, medicine, or surgery. Sudden losses of vision require immediate ophthalmology referrals.

Vision Impairment Classification Visual Acuity* and/or Visual Field Normal Normal range Equal to 20/20 or less than 20/40 Worse than 20/40 or better than 20/70 Low Vision Moderate Worse than 20/70 or better than 20/200 Severe (Legally Blind) Worse than 20/200 or better than/equal to 20/400 OR Visual field of 20 degrees or less Blindness Profound Worse than 20/400 OR Visual field of 10 degrees or less to No Light Perception (NLP) or Form Perception

Auditory Disabilities. Auditory disabilities refer to hearing-related issues.

Hearing Impairment Classification Hearing Range Normal range 0 dB to 15 dB Slight 16dB to 25dB Mild 26 dB to 40 dB Moderate 41 dB to 55 dB Moderately Severe 56 dB to 70 dB Severe 71 dB to 90 dB Profound over 91+ dB

Physical Disabilities. Physical disabilities interfere with an inmate’s ability to participate fully in institutional programs or services without accommodation.

Independence Level Classification Definition Independent Able to do task without assistance Modified Independent Able to do task with adaptive equipment to assist or requires extra time to perform the task Dependent Unable to do task without assistance of another person

Activities of Daily Living (ADL). These are activities or tasks that individuals undertake routinely in their everyday life. Together, Basic ADLs and Instrumental ADLs represent the skills that people usually need to be able to manage in order to live as independent adults.

Types of ADL Definition Sample activities Basic (BADL) Activities involving functional mobility and personal care

• Ambulation
• Wheelchair mobility
• Bed mobility
• Transfers
• Feeding
• Hygiene
• Toileting
• Bathing
• Dressing Instrumental (IADL) Functions concerned with a person’s ability to cope with her/his environment
• Shopping
• Preparing meals
• Housework and basic home maintenance
• Laundry
• Use of transportation
• Managing finances (money)
• Managing medication
• Use of the telephone or other communication device

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