Special Management Units (Program Statement 5217.02)

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

Field	Value
Program Statement	5217.02
Subject	Special Management Units
Effective / current edition	08-09-2016
Change notices	None. BOP’s published policy list carries 5217.02 with no change notice.
Supersedes	PS 5217.01, Special Management Units (11/19/08), rescinded — PS 5217.02 at p. 1
Governing statute	The Program Statement cites none. The Bureau’s authority to designate and transfer is 18 U.S.C. § 3621(b), which also provides that “a designation of a place of imprisonment under this subsection is not reviewable by any court.”
28 C.F.R. anchor	None. There is no Special Management Unit regulation. Part 541 subparts are A Inmate Discipline Program, B Special Housing Units (§§ 541.20–541.33), C [Reserved], D Control Unit Programs (§§ 541.40–541.50), E HIV-positive inmates. §§ 541.30–541.33 are SHU sections, not SMU sections. See What binds and what does not, below.
Related BP forms	BP-A0935 Notice to Inmate: Hearing Referral for Designation to a Special Management Unit · BP-A0936 Hearing Administrator’s Report on Referral for Designation to a Special Management Unit · BP-A0937 Notice to Inmate of Designation to a Special Management Unit · BP-A0949 Special Management Review Report · BP-A0950 Housing Unit Daily Record · BP-A0951 Special Management Unit (SMU) 30-Day Conditions Review — PS 5217.02 at p. 14. The referral also uses EMS-A409, Request for Transfer/Application of Management Variable (p. 3).
Official PDF	bop.gov/policy/progstat/5217_02.pdf

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

A Special Management Unit is a separate, level-based program for sentenced people the Bureau of Prisons has decided need “greater management” of their contact with others — most often because of group or gang-related conduct, a history of serious disciplinary infractions, or involvement in group misconduct. The Program Statement calls the designation “non-punitive,” runs it through a hearing before an outside Hearing Administrator, structures it in three levels with expected completion times, and caps total time in an SMU at 24 consecutive months.

Three restrictive-housing regimes are constantly mistaken for each other, and the differences are legal, not cosmetic. A Special Housing Unit (SHU) is the short-term administrative-detention and disciplinary-segregation unit almost every federal prison has; it is governed by binding regulation at 28 C.F.R. part 541, subpart B and by PS 5270.12 — see Special Housing Units and, in plain language, Solitary Confinement and Special Housing Units. A Control Unit is the Bureau’s most restrictive assignment, governed by its own regulation at 28 C.F.R. part 541, subpart D. An SMU sits between them in restrictiveness — and, uniquely among the three, it has no regulation at all. That fact runs through everything below.

The rule itself: Special Management Units

Every quotation in this section was transcribed from bop.gov/policy/progstat/5217_02.pdf and re-read against the original PDF.

The referral criteria

This is the enumerated list a reader came for. PS 5217.02 at p. 3, transcribed verbatim:

2. REFERRAL CRITERIA

Designation to a SMU may be considered for any sentenced inmate whose interaction requires greater management to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public, because the inmate meets any of the following criteria:

– Participated in disruptive geographical group/gang-related activity. – Had a leadership role in disruptive geographical group/gang-related activity. – Has a history of serious or disruptive disciplinary infractions. – Committed any 100-level prohibited act, according to 28 CFR part 541, after being classified as a member of a Disruptive Group pursuant to 28 CFR part 524. – Participated in, organized, or facilitated any group misconduct that adversely affected the orderly operation of a correctional facility. – Otherwise participated in or was associated with activity such that greater management of the inmate’s interaction with other persons is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public.

The inmate must have at least 24 months left on his/her sentence.

Four things about that list are worth naming. The word is “may be considered,” not “will” — the Bureau reserves discretion at every stage, and nothing here entitles anyone to anything or subjects anyone automatically to anything. The last criterion is an open-ended catch-all, which is why so much SMU advocacy turns on the referral memorandum rather than on the enumerated grounds. The 100-level criterion is the only one tied to a specific, checkable finding: a 100-series prohibited act under the Inmate Discipline Program, committed after a Disruptive Group classification under 28 C.F.R. part 524. And the 24-month floor is a threshold on the referral, stated in the policy’s own words — not a promise about anyone’s release date or time to serve.

Two scope limits, both at PS 5217.02 at pp. 1–2: “SMU designation is non-punitive, and may be appropriate for any inmate meeting the referral criteria in Section 2 below,” and “This Program Statement applies only to sentenced inmates” (p. 2). Pretrial detainees and holdovers are outside it entirely.

The referral procedure and what goes in the packet

PS 5217.02 at p. 3, transcribed verbatim:

a. Referral. When considering designation criteria, inmates from lower security institutions will be considered for designation to a higher security facility prior to recommending placement to a SMU. The referring institution will take into consideration any current medical assessment/treatment prior to recommending that a referral be made. If an inmate appears to satisfy any of the referral criteria above, the Unit Team may present a redesignation referral to the Warden. The referral packet consists of a completed Request for Transfer/Application of Management Variable (EMS-A409), copies of pertinent Special Investigative Supervisor reports and incident reports, a Diagnostic and Care Level Formulation from Psychology Services, a medical evaluation, and a cover memorandum to the Warden summarizing the rationale for referral for SMU designation. If the Warden approves the referral, it is submitted to the Regional Director. The packet may be submitted electronically at all stages. The Unit Team will be notified if the Warden denies the referral.

The first sentence is the one most often overlooked and the most useful to raise early: before an SMU referral, the policy directs staff to consider whether a transfer to a higher-security institution would do. That is an argument to make at the unit team, in writing, before the packet leaves the institution.

The mental-health screen comes next, at pp. 3–4:

b. Hearing. If the Regional Director determines that sufficient evidence exists to convene a hearing, a copy of the referral is sent to the Psychology Services Branch. Psychology Services reviews the inmate’s mental health record to determine if there are mental health concerns that would preclude an inmate from being placed in a SMU. Please see the Program Statement Treatment and Care of Inmates with Mental Illness, when considering to place inmates with a serious mental health illness in the SMU. If there is no evidence to preclude a hearing, the Regional Director appoints a Hearing Administrator to conduct a hearing into whether the inmate meets the criteria for SMU designation. The Hearing Administrator will be trained and certified as a Discipline Hearing Officer, will be an impartial decision-maker, and will not be personally involved as a witness or victim in any relevant disciplinary action involving that inmate.

The hearing: what the notice must say and what the person may present

PS 5217.02 at p. 4, transcribed verbatim:

(1) Pre-Hearing Notice. The Hearing Administrator completes form BP-A0935, Notice to Inmate: Hearing Referral for Designation to a Special Management Unit, and sends it to the inmate’s current institution. Unit team staff provide the inmate with a copy of the Notice at least 24 hours before the hearing, and document delivery to the inmate. If the inmate is illiterate, the delivering staff member will read the notice verbatim. If the inmate does not speak English, the Unit Team staff make arrangements to provide translation.

The Notice will:

– Advise the inmate of the date and time of the hearing. – Advise the inmate of the opportunity to appear at the hearing. – Provide a sufficiently detailed explanation of the reasons for the referral. Such explanation will not include information that would jeopardize the safety, security, or orderly operation of correctional facilities, or protection of the public. – Inform the inmate that a non-probationary staff member will be available to help him/her compile documentary evidence and written witness statements to present at the hearing. The assisting staff member’s responsibility in this role is limited to assisting the inmate in obtaining copies of documents needed, for example, from his/her central file or other reasonably available source(s), or a written statement(s) from other reasonably available inmates or staff.

Inmate Appearance and Evidence. The inmate has the opportunity to appear at the hearing, make an oral statement, and present documentary evidence and written witness statements, except where contrary to the safety, security, or orderly operation of Bureau facilities, or protection of the public. The Hearing Administrator, after consultation with staff at the facility where the inmate is housed, will determine whether the inmate appears at the hearing via videoconference, telephone conference, or in person. The Warden or designee determines the location of the hearing.

Read that last paragraph closely, because of what is not in it. The person may appear, may make an oral statement, and may present documents and written witness statements. There is no provision for calling live witnesses. That is a real difference from a disciplinary hearing under the Inmate Discipline Program and from a control-unit hearing, where 28 C.F.R. § 541.43(b)(4) entitles the person “to have witnesses appear.” It is also a difference from the assistance provided: the staff member here is a document-gatherer, expressly “limited to assisting the inmate in obtaining copies of documents,” not a representative who contacts witnesses and argues on the person’s behalf.

The decision, and who actually designates

PS 5217.02 at pp. 4–5. The Hearing Administrator prepares BP-A0936, “Hearing Administrator’s Report on Referral for Designation to a Special Management Unit,” which “provides a detailed explanation of the reasons for the Hearing Administrator’s findings, but does not include information that would jeopardize the safety, security, or orderly operation of correctional facilities, or protection of the public.” That report goes to the Regional Director, who “considers whether, based on the Hearing Administrator’s findings, the SMU referral is necessary” and adds a recommendation.

The actual designation is made somewhere else entirely — at the Designation and Sentence Computation Center in Grand Prairie, Texas. PS 5217.02 at p. 5:

When considering inmates for designation to the SMU, appropriate DSCC staff involved in the designation process review the inmate’s CIM assignment to ensure inmates who are separatees pursuant to the Program Statement Central Inmate Monitoring Manual are not designated to the same SMU without written concurrence of the Central Office. The DSCC then reviews the Report and, after consulting with the Assistant Director, Correctional Programs Division, indicates whether SMU referral is approved. If SMU referral is approved, the DSCC selects the SMU that best meets the inmate’s greater management needs, and enters the approval on the CMC Clearance Data Sheet. The DSCC forwards the decision to the receiving Regional Director and Warden, with copies to the referring Regional Director and Warden. If SMU referral is denied, the DSCC should consider a secondary referral code/rationale provided in the referral − greater security, adjustment purposes, etc.

That last sentence is worth sitting with. A denied SMU referral does not simply end; the policy directs the DSCC to consider the secondary rationale in the packet, which commonly means a transfer to a higher-security institution. Winning the SMU question does not necessarily mean staying put. See BOP Grand Prairie: Designation and Sentence Computation Center and Central Inmate Monitoring System (PS 5180.05).

The appeal — and the fact that it does not stop the transfer

PS 5217.02 at p. 5, transcribed verbatim:

d. Post-Decision Notice and Appeal. The inmate’s copy of the completed Report is sent to the referring Warden, who ensures delivery to the inmate. The Report advises the inmate of the opportunity to appeal the decision and the Hearing Administrator’s findings through the Administrative Remedy Program, directly to the Office of General Counsel.

An inmate’s appeal of the decision or the Hearing Administrator’s findings does not delay designation and transfer to a SMU. Designation and transfer are effected; the inmate may proceed with the appeal while housed in the SMU.

Two practical consequences follow. First, the appeal skips the ordinary institution-then-region sequence and goes straight to the Office of General Counsel at Central Office — filing a BP-9 with the warden instead is a common and costly error. See Administrative Remedy Program. Second, nobody should plan around the appeal preventing a move. The transfer happens; the appeal follows the person.

Separately, once someone is in an SMU, the policy directs that they be given BP-A0937, Notice to Inmate of Designation to a Special Management Unit, “which informs the inmates of the right to appeal the designation decision and their individual conditions of confinement” (p. 2).

Two exits that are not level progression

Mental health removal, PS 5217.02 at p. 5: “An inmate in SMU may be removed if it becomes clear the inmate’s mental health does not reasonably allow him/her to complete the program. The recommendation is forwarded to the Administrator, Psychology Services Branch, Central Office. If approved, the Psychology Administrator notifies the Warden.” This is a discretionary route through Central Office psychology, not the unit team — an important routing fact when mental health is the issue. See Treatment and Care of Inmates With Mental Illness.

Disciplinary segregation, PS 5217.02 at pp. 5–6: where someone designated to an SMU is serving a disciplinary-segregation sanction, “the referring Regional Director may: Direct that the inmate complete the disciplinary segregation period at the current institution; or Request that the inmate complete the disciplinary segregation period at the receiving institution before transfer into the SMU.”

Conditions of confinement — the numeric floor

The framing sentence first, PS 5217.02 at p. 6: “Conditions of confinement for SMU inmates are more restrictive than for general population inmates. An inmate’s individual conditions will be limited in accordance with this policy as necessary to ensure the safety of others, to protect the security or orderly operation of the institution, or protect the public.” And the check on that: “The Warden must request a policy waiver, in accordance with the Program Statement Directives Management Manual, to impose restrictions more stringent than those allowed by this Program Statement or other applicable national directives. Conditions required by regulations, however, may not be waived.”

Condition	The policy’s own words	Pin-cite
Hygiene	“Inmates have access to a washbasin and toilet. Inmates receive necessary personal hygiene items. Inmates have the opportunity to shower and shave at least three times per week. Inmates have access to necessary hair care services.”	PS 5217.02 at p. 7
Recreation	“Inmates have the opportunity to exercise outside their individual quarters for at least five hours per week, ordinarily in one-hour periods on different days.”	PS 5217.02 at p. 7
Recreation, denial and protection	“The Warden may deny these exercise periods for up to one week at a time if it is determined that an inmate’s recreation itself jeopardizes the safety, security, or orderly operation of the institution. However, recreation conditions specified here may not otherwise be limited, even as part of a disciplinary sanction imposed under 28 CFR part 541.”	PS 5217.02 at p. 7
Meals	“Inmates receive nutritionally adequate meals and may be required to eat all meals in their living quarters.”	PS 5217.02 at p. 7
Bedding and clothing	“Inmates receive a mattress, blankets, a pillow, and linens for sleeping.” “Inmates receive adequate institution clothing, including footwear.”	PS 5217.02 at p. 7
Commissary	“Inmates have access to the commissary, as determined by the Warden.”	PS 5217.02 at p. 7
Visits	“Inmates may receive visitors in accordance with 28 CFR part 540. Inmates may be provided non-contact visits, through the use of videoconferencing or other technology.”	PS 5217.02 at p. 7
Telephone	“Inmates may use the telephone a minimum of two completed calls per month, unless telephone restrictions have been imposed pursuant to 28 CFR part 541, and may be increased as they progress through the levels of the program.”	PS 5217.02 at p. 8
Monitoring	“[T]o deter and detect continued involvement in disruptive behavior, correspondence and telephone use are subject to monitoring and analysis for intelligence purposes.” “Telephone calls are live-monitored where feasible. If live monitoring is not feasible, calls are normally reviewed within 24 hours.” “All correspondence is analyzed for intelligence purposes before mailing out of the institution and before being delivered to the inmate.”	PS 5217.02 at pp. 7–8
Attorney contact	“Special mail and unmonitored attorney telephone calls are handled in accordance with 28 CFR part 540.”	PS 5217.02 at p. 7
Legal, religion, library	Legal activities “in accordance with 28 CFR part 543”; religion “in accordance with 28 CFR part 548”; library services “in accordance with 28 CFR part 544.”	PS 5217.02 at p. 8
Medical	“A health services staff member visits inmates daily to provide necessary medical care. Emergency medical care is always available either at the institution or from the community.”	PS 5217.02 at p. 8
Mental health	“Each inmate will be evaluated by mental health staff every 30 days. Emergency mental health care is always available either at the institution or from the community.”	PS 5217.02 at p. 8
Cell marking	“The cell door of each inmate in the SMU must be clearly marked with the inmate’s level and any enhanced security needs for that inmate.”	PS 5217.02 at p. 6
30-day conditions review	“The Warden will designate staff to conduct reviews every 30 days of inmates assigned to SMUs, as provided on BP-A0951, Special Management Unit (SMU) 30-Day Conditions Review. The original form will be retained in the inmate’s central file.”	PS 5217.02 at p. 8
Daily record	“The housing unit officer completes BP-A0950, Housing Unit Daily Record, daily for the items provided therein. All out of cell time will also be recorded on BP-A0950. At Level Three, completion of the daily record form is optional, as determined by the Warden.”	PS 5217.02 at p. 8

Two of those rows are the ones to circle. The recreation protection is unusually strong for a policy provision — recreation “may not otherwise be limited, even as part of a disciplinary sanction.” And BP-A0950 records all out-of-cell time, which makes it the single most useful document in the unit for anyone testing whether the five-hour weekly minimum is actually being met.

The three levels

PS 5217.02 at p. 9. The framing sentence: “SMUs consist of three program levels, differentiated by the conditions of confinement and expected time frames for completion, as described below. Completion of all levels is expected within 9 to 13 months.” The table, transcribed exactly as printed (the “SMU Reviews” cell is merged across Levels Two and Three in the original):

Level	Expected Level Completion Time	SMU Reviews
One	6-8 Months	Initially within 28 days, no less than every 90 days
Two	2-3 Months	No less than every 90 days
Three	1-2 Months	No less than every 90 days

A caution that belongs directly under that table: those are the Bureau’s stated expectations for the program, not a schedule anyone is entitled to and not a prediction about any individual. The policy says in the same breath that inmates “who fail to make satisfactory progress may be returned to a previous level” (p. 11) and that for people already in an SMU when this edition took effect, “their time in the SMU may be more than 24 consecutive months depending on their level in the SMU program” (p. 9). Nothing on this page can tell any particular person how long a placement will last.

What each level actually allows, transcribed from the level sections:

	Level One (pp. 9–10)	Level Two (pp. 10–11)	Level Three (pp. 11–12)
Inmate interaction	“interaction between inmates is minimal (for example, shower, recreation, programming). Inmates will normally be restricted to their assigned cells.”	“interaction between inmates expands… Inmates will normally be restricted to their assigned cells, but out-of-cell activities/programming may be increased on a case-by-case basis.”	“Inmates at this level will begin to interact in an open, but supervised, setting with individuals from various groups, including open movement in the unit and frequent group counseling sessions commensurate with the inmate’s demonstrated ability to effectively coexist with other inmates.”
Programming	“Initial programming assessment will occur within the first 28 days of an inmate’s arrival at the SMU.” Continued GED or ESL; “[i]nitially during this level, inmates may be involved in programs on a self-study basis.” A&O “may be conducted through in-cell programming, using radio programs or other available technology.”	GED or ESL individually or in a classroom; psychology staff “have frequent contact with inmates on the living unit”; “inmates may be involved in Evidence Based Therapy (EBT) groups”; curriculum “targets ‘treatment readiness skills’… basic cognitive skills, and criminal thinking.”	“Activities at this level will intensify, with more interaction in a less restrictive environment… Programming in this level will normally occur 3-5 hours Monday through Friday.”
Property	“Inmates will have limited personal property, as determined by the Warden through the Institution Supplement.”	“inmates may have additional personal property, based on individual performance as determined by the Institution Supplement.”	“inmate access to personal property may be incrementally increased from Level Two based on individual performance. Inmates may be considered for the same personal property privileges as general population inmates.”
Other privileges	—	—	“There will also be increased privileges (e.g., increased commissary, property, etc.) at this level for those who accomplish unit goals and maintain appropriate conduct.”
Review	“After the initial programming assessment, Level One inmates will be reviewed at least every 90 days.”	“Level Two inmates are reviewed at least every 90 days.”	Documented on BP-A0949 with accompanying memoranda, filed in Section 2 of the Central File.
What progression turns on	“compliance with behavioral expectations, as established by institution and SMU staff.”	“the inmate demonstrating the potential for positive ‘community’ interaction… Progression to Level Three, however, requires that the inmate demonstrate the ability to program with other individuals, groups, or gangs; the inmate’s willingness/unwillingness to coexist with individuals, groups, or gangs must be documented via a memorandum to the file.”	“the inmate’s ability to demonstrate positive ‘community’ interaction skills. The inmate’s successful progression through this phase will indicate he/she is prepared to function in a general population.”

The review body is the same at every level: “A multidiscipline Special Management Review will be conducted by the Unit Manager, Captain, and Associate Warden (chairperson)(or his/her acting). This review will include input from the SMU unit team, correctional staff, psychology staff, education staff, and other appropriate staff to determine the inmate’s readiness to progress to the next level. Review of the inmate will be documented on form BP-A0949, Special Management Review Report, along with any accompanying memoranda from any member referred to above, and will be filed in Section 2 of the inmate’s Central File” (p. 10).

On top of that, PS 5217.02 at pp. 12–13: “SMU inmates are reviewed by the Unit Team in conjunction with regularly scheduled Program Reviews as provided in the Program Statement Inmate Classification and Program Review. The Unit Team specifically reviews inmates for progression through the levels of the program. An inmate’s institutional adjustment, program participation, personal hygiene, and cell sanitation are considered when reviewing the inmate for progression to further levels.” See Unit Team and Program Review.

Getting out: redesignation, and the 24-month cap

PS 5217.02 at p. 13, transcribed verbatim:

a. Redesignation Criteria. To be redesignated from SMU status, an inmate must demonstrate successful progression through SMU programming, and for a minimum of 9 months, abstain from all of the following:

– Geographical group/gang-related activity. – Serious and/or disruptive disciplinary infractions. – Group misconduct that adversely affects the orderly operation of a correctional facility.

The inmate must demonstrate a sustained ability to coexist with other inmates, staff, and other persons.

b. Referral Procedures. When an inmate has met the redesignation criteria, the Unit Team submits a memorandum to the Warden for designation to the general population, normally at another institution.

c. SMU Failures. The total allowed designation time in a SMU is 24 consecutive months. If an inmate fails to complete the SMU program within 24 consecutive months, he/she will be placed in SMU FAIL status (CMA); the institution notifies the regional administrators for correctional services and correctional programs. The regional administrators then notify the Correctional Programs Division (CPD), Central Office, and provide all relevant SMU referral and designation documents. A thorough review will be conducted by CPD, which will make a recommendation for the inmate’s placement in an appropriate institution.

d. SMU Returns. The maximum time an inmate may spend in SMU is 24 consecutive months. Inmates will not be returned to the program unless they engage in additional disruptive behavior that warrants a new referral, which will be subject to approval as provided in policy.

Meeting those criteria does not entitle anyone to redesignation. The policy describes what a person must demonstrate and what staff then do — a Unit Team memorandum to the Warden — and the decision remains the Bureau’s under 18 U.S.C. § 3621(b). Note too where completion normally leads: “designation to the general population, normally at another institution.” Completing the program ordinarily means a transfer, not a return to the prison you came from. Level Three adds the caveat that “in some cases, inmates who successfully complete the SMU program may not be appropriate for general population in another facility” (p. 12).

Finally, PS 5217.02 at p. 13: “Each institution with a SMU will develop an Institution Supplement that addresses local operations and procedures. The Institution Supplement must be reviewed for legal sufficiency by the Regional Counsel prior to implementation.” A great deal of what a person actually experiences — especially the property limits at each level, which the policy hands to the supplement three separate times — lives in that local document, which BOP does not publish.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: Two forms decide most SMU disputes, and both are obtainable long before anyone needs them. BP-A0950, the Housing Unit Daily Record, is where “[a]ll out of cell time will also be recorded” (p. 8) — it is the contemporaneous record against which the five-hour weekly recreation minimum is tested, and at Level Three the Warden may make it optional, so ask for it while you are still at Level One or Two. BP-A0949, the Special Management Review Report, is where the multidiscipline review documents why you did or did not progress, and it is filed in Section 2 of your Central File along with any memoranda from the reviewing staff. Ask for a copy after every review, in writing on a BP-A0148 cop-out, and read the memoranda rather than the checkboxes. In my experience the memorandum on “willingness/unwillingness to coexist” — the one the policy directs staff to place in the file before Level Three consideration (p. 11) — is the single document that most often explains a stalled progression, and it is the one people are least likely to have seen.

What binds and what does not in PS 5217.02

This is where the SMU differs from every neighboring program, and it is worth stating precisely.

A Program Statement is the Bureau’s internal instruction to its own staff. It is not a regulation. The Supreme Court described a BOP Program Statement in Reno v. Koray, 515 U.S. 50 (1995), as an “internal agency guideline” akin to an interpretive rule that does not require notice and comment, though still entitled to some deference where it is a permissible construction of the statute. So when this page says the policy “directs staff” to do something, that is precise language, not hedging.

For the SHU and for control units, that caveat is softened by a regulation sitting underneath. Verified against the current eCFR text, 28 C.F.R. part 541 — titled “Inmate Discipline and Special Housing Units” — contains:

Subpart	Title	Sections
A	Inmate Discipline Program	§§ 541.1–541.8
B	Special Housing Units	§§ 541.20–541.33
C	[Reserved]	—
D	Control Unit Programs	§§ 541.40–541.50
E	Procedures for Handling of HIV Positive Inmates Who Pose Danger to Others	§§ 541.60 et seq.

There is no Special Management Unit subpart. Subpart C is reserved — empty. And §§ 541.30 through 541.33, which are sometimes mistaken for SMU provisions because of the numbering, belong to subpart B and govern the SHU: § 541.30 is “Lack of verification of need for protection,” § 541.31 “Conditions of confinement in the SHU,” § 541.32 “Medical and mental health care in the SHU,” and § 541.33 “Release from the SHU.”

The practical consequences are three. First, the SMU program exists in policy alone; there is no C.F.R. section to cite in a filing that says the Bureau must run it a particular way. Second, the conditions provisions of PS 5217.02 do not stand on their own — they route the reader outward to regulations that do bind: visiting and correspondence and telephone to 28 C.F.R. part 540, legal activities to part 543, library services to part 544, religion to part 548, and disciplinary sanctions to part 541. Those cross-references are where the enforceable law is, and the Program Statement’s own line — “Conditions required by regulations, however, may not be waived” (p. 6) — is the sentence that ties them together. Third, the layered statutory bar is real: § 3621(b) provides that “a designation of a place of imprisonment under this subsection is not reviewable by any court,” and the Third Circuit has noted that “BOP decisions about where to house inmates … are exempt from challenge under the APA,” citing 18 U.S.C. § 3625 — Murray v. Bledsoe, 650 F.3d 246, 247 n.1 (3d Cir. 2011) (per curiam), which itself involved an SMU. What survives is the constitutional claim.

On that front the law is not encouraging, and honesty is more useful than comfort. Under Sandin v. Conner, 515 U.S. 472, 484 (1995), a protected liberty interest is “generally limited to freedom from restraint which … nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life,” and thirty days of segregated confinement did not clear the bar. Wilkinson v. Austin, 545 U.S. 209 (2005), found a liberty interest in avoiding a state supermax where isolation, indefinite duration reviewed only annually, and parole disqualification combined — but held that “informal, nonadversary procedures” satisfied due process, requiring only “notice of the factual basis leading to consideration for OSP placement and a fair opportunity for rebuttal” plus “a short statement of reasons.” In the federal system, Rezaq v. Nalley, 677 F.3d 1001 (10th Cir. 2012), applied the same framework to ADX Florence and found no liberty interest, weighing whether the segregation furthers a legitimate penological interest, whether conditions are extreme, whether the placement increases the duration of confinement, and whether it is indeterminate — and noting that “[t]he availability of periodic reviews merely suggests that the confinement was not indefinite.” The SMU’s 90-day review cycle and 24-month cap sit squarely in that last category. Measured against Wilkinson, the BP-A0935 notice, the opportunity to appear and rebut, and the BP-A0936 statement of reasons are what a court would look for.

Wolff v. McDonnell, 418 U.S. 539 (1974), which supplies the template for BOP disciplinary hearings — 24 hours’ advance written notice, a written statement of the evidence relied on and reasons, and the chance “to call witnesses and present documentary evidence … when permitting him to do so will not be unduly hazardous to institutional safety” — is the comparison a reader should make deliberately. The SMU procedure matches Wolff on notice and on the written statement. It does not provide for calling live witnesses, and Wolff itself is a disciplinary case that did not address non-disciplinary housing decisions. Because SMU designation is expressly “non-punitive” (p. 1), the closer analogy is the Wilkinson line, not Wolff.

SMU, SHU and Control Unit, side by side

Confusing these three costs people filing deadlines. The comparison below is orientation only — each unit has its own page, and the detail belongs there.

	Special Housing Unit	Special Management Unit	Control Unit
Governing policy	PS 5270.12 (3/5/2024, CN-1 3/6/2025)	PS 5217.02 (8/9/2016)	PS 5212.07 (2/20/2001)
Regulation	28 C.F.R. part 541, subpart B, §§ 541.20–541.33	None — subpart C is [Reserved]	28 C.F.R. part 541, subpart D, §§ 541.40–541.50
Who decides	Warden / Segregation Review Official	Hearing Administrator → Regional Director → DSCC	Hearing Administrator → Executive Panel
Entry hearing	No pre-placement hearing; SRO review follows	Hearing before a Hearing Administrator; 24 hours’ notice on BP-A0935	Hearing before a Hearing Administrator; 24 hours’ notice, § 541.43
Live witnesses	n/a	Not provided for — documents and written statements only (p. 4)	Yes, where available and safe — § 541.43(b)(4)
Out-of-cell exercise	“at least five hours per week” — § 541.31	“at least five hours per week” (p. 7)	“minimum of seven hours weekly” — § 541.46
Review interval	3 work days, 7 calendar days, then every 30 days — § 541.26	Initially within 28 days, then no less than every 90 days (p. 9); conditions reviewed every 30 days on BP-A0951 (p. 8)	Daily informal; unit team every 30 days; Executive Panel every 60–90 days — § 541.49
Stated duration	Not fixed; tied to the detention or sanction	“expected to complete the SMU program in approximately 12 months” (p. 1); 24 consecutive months maximum (p. 13)	“unit status” projection, “one month to any definite number of months” (p. 16)
Appeal route	Ordinary BP-9 → BP-10 → BP-11	Directly to the Office of General Counsel (p. 5)	Executive Panel in 5 working days, then Office of General Counsel in 30 calendar days

PS 5270.12 draws the boundary itself. PS 5270.12 at p. 4: “Correctional units, areas, or cells in addition to SHU that meet this definition will ordinarily follow requirements of this Program Statement to the extent possible. Inmates housed at the United States Penitentiary-Administrative Maximum (ADX), a Communications Management Unit (CMU), or a Special Management Unit (SMU) follow the requirements of those policies.” The SHU policy does not govern an SMU, and the SMU policy does not govern a SHU. For the units themselves see Special Housing Units, Communications Management Units, Reintegration Housing Units, and USP Florence ADMAX.

What a Special Management Unit referral means for you

If you are the person inside: the decisive window before referral

The decisive window opens before the referral leaves your institution and closes 24 hours after the BP-A0935 notice arrives. Before the packet goes anywhere, the policy directs that “inmates from lower security institutions will be considered for designation to a higher security facility prior to recommending placement to a SMU,” and that the referring institution “take into consideration any current medical assessment/treatment” (p. 3). Both of those are things to raise in writing with the unit team, on a BP-A0148 Inmate Request to Staff — a “cop-out” — while the referral is still local. If a psychiatric or medical condition is part of your history, say so then; Psychology Services reviews the mental-health record before a hearing is convened, and a serious mental illness is a documented reason the referral may not proceed (pp. 3–4). See Request to Staff.

When BP-A0935 arrives, note the delivery date — staff are directed to document it — and use the 24 hours. Ask for the non-probationary staff member the notice must tell you about, and be specific: their role is limited to helping you obtain documents “from his/her central file or other reasonably available source(s), or a written statement(s) from other reasonably available inmates or staff” (p. 4). Nobody is going to call live witnesses for you, so written statements are what you have. Address the actual question, which is whether your interaction with others requires greater management — not whether an old incident report was correctly decided.

Inside the unit: request BP-A0949 after every Special Management Review, request BP-A0950 to check out-of-cell time against the five-hour weekly minimum, and read the “willingness/unwillingness to coexist” memorandum the policy directs staff to place in the file before Level Three consideration (p. 11). Keep in mind that BP-A0951 conditions reviews happen every 30 days and the original goes in your central file — see Inmate Central File and Privacy Folder. Your property limits at each level come from the local Institution Supplement, not from this Program Statement; ask to see it. And know the recreation protection: exercise “may not otherwise be limited, even as part of a disciplinary sanction imposed under 28 CFR part 541” (p. 7).

If you are the family member: the transfer precedes the appeal

Expect the transfer to happen before any appeal is decided. The policy is explicit: an appeal “does not delay designation and transfer to a SMU. Designation and transfer are effected; the inmate may proceed with the appeal while housed in the SMU” (p. 5). It also expects the eventual exit to be a move to a different prison, “normally at another institution” (p. 13) — so a completed program usually means another transfer, not a return home-ward. Plan for distance, not proximity.

Expect very limited contact and prepare for it. The floor is two completed telephone calls per month, which may increase with level progression (p. 8), and visits may be non-contact, “through the use of videoconferencing or other technology” (p. 7). Everything is monitored: calls live where feasible or reviewed within 24 hours, correspondence analyzed before it goes out and before it is delivered, and non-English calls and letters routed for translation (pp. 7–8). Say nothing on a call or in a letter you would not want read and filed. The one carve-out is legal: “Special mail and unmonitored attorney telephone calls are handled in accordance with 28 CFR part 540” (p. 7) — see Inmate Legal Activities, Correspondence, Inmate Telephone Regulations, and Inmate Phone Calls.

Two useful things you can do. Get onto the approved visiting list now rather than after the transfer; see Visiting Regulations and Inmate Visitation. And keep a dated chronology of what you are told and when — level changes, review dates, recreation, medical and mental-health contacts. Families are frequently the only party keeping a written record, and that record is what turns a vague grievance into a specific, dated one.

If you are counsel: Special Management Units

Preserve the record early, because the person will be moved. The documents that matter are the EMS-A409 transfer request, the SIS and incident reports the packet relied on, the Diagnostic and Care Level Formulation from Psychology Services, the medical evaluation, the Warden’s cover memorandum stating the rationale, BP-A0935 as delivered with its documented delivery time, BP-A0936 as issued, BP-A0937, and each BP-A0949 review with its accompanying memoranda from Section 2 of the Central File. Routes: the unit team and a Freedom of Information Act or Privacy Act request where staff will not produce. The Institution Supplement is separately worth requesting; it carries the level-by-level property rules and is not published.

Set expectations about the vehicle and the standard. There is no SMU regulation to enforce, so an APA theory is doubly barred — by 18 U.S.C. § 3625 and by § 3621(b)’s non-reviewability clause. Murray v. Bledsoe, 650 F.3d at 247 & n.1, is the published statement of both points and arose from an SMU. A filing that does not challenge “the very fact or duration” of imprisonment is, in the Third Circuit’s description, “most accurately classified as an action under Bivens” rather than habeas — a characterization worth resolving before filing. See The § 2241 petition and Federal habeas corpus attorney. On the merits, Sandin and Rezaq put the liberty-interest threshold first, and the SMU’s 28-day and 90-day reviews and 24-month cap cut against indeterminacy — the factor Rezaq treated as weighing against a liberty interest. Where a claim exists it will usually be built on conditions and duration as applied to the particular person, or on an independent constitutional theory: Eighth Amendment where serious mental illness meets prolonged isolation, or First Amendment where the intelligence-monitoring provisions reach protected material.

Exhaustion is not optional and the route is unusual. Under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), no action about prison conditions may be brought until available administrative remedies are exhausted — and here the designation appeal runs “through the Administrative Remedy Program, directly to the Office of General Counsel” (p. 5), not through the ordinary BP-9 and BP-10 sequence. Complaints about conditions inside the unit, by contrast, follow the standard ladder. Getting that split wrong is the most common exhaustion failure in SMU litigation.

What changed from PS 5217.01 to 5217.02

PS 5217.02, dated 8/9/2016, rescinded PS 5217.01, Special Management Units (11/19/08) — PS 5217.02 at p. 1. Its own Summary of Changes at pp. 1–2 is unusually substantive, and the last item is the headline:

• “Purpose and Scope reflects that inmates are expected to complete the SMU program in approximately 12 months.”
• “Program Objectives added that inmates who successfully progress through the SMU program will be redesignated to a general population or another appropriate facility.”
• “The referral criteria now reflect that inmates must have at least 24 months left on their sentence.”
• “Referral procedures reflect that when considering designation criteria, inmates from lower security institutions will be considered for designation to a higher security facility prior to recommending SMU placement. The referring institution will take into consideration any current medical assessment/treatment prior to recommending the referral.”
• “The referral packet consists of a completed Request for Transfer/Application of Management Variable (EMS-A409), copies of pertinent Special Investigative Supervisor reports and incident reports, a psychological/medical evaluation, and a cover memorandum to the Warden summarizing the rationale for referral for SMU designation.”
• “A copy of the referral will be sent to the Psychology Services Branch, which reviews the inmate’s mental health record to determine if mental health concerns preclude an inmate from being placed in a SMU.”
• “Inmates currently in a SMU are provided the BP-A0937, Notice to Inmate of Designation to a Special Management Unit, which informs the inmates of the right to appeal the designation decision and their individual conditions of confinement.”
• “An inmate in SMU may be removed if it becomes clear his/her mental health does not reasonably allow him/her to complete the program.”
• “When an inmate serving a sanction of disciplinary segregation is designated to a SMU, the referring Regional Director may direct that the inmate complete the disciplinary segregation period at the current institution, or request that the inmate complete the disciplinary segregation period at the receiving institution before transfer into the SMU.”
• “The program structure, differentiated by conditions of confinement and expected completion times, now has three levels instead of four.”

Read as a set, the 2016 revision did four things: it put a stated end-point on the program (approximately 12 months, three levels instead of four, 24 consecutive months maximum), it added a mental-health screen at the front and a mental-health exit at the back, it added the 24-months-remaining threshold, and it told staff to try a higher-security transfer first. Those changes came in the wake of sustained scrutiny of BOP restrictive housing, and they are the reason a 2026 reader should not rely on any description of SMUs written before August 2016.

Nothing has changed since. As of the 6 September 2026 policy check, BOP’s published policy list carries PS 5217.02 with the 8/9/2016 date and no change notice, and the file remains 5217_02.pdf. The Bureau’s mass reissue of 23 Program Statements effective 22 June 2026, and the February–May 2026 reissues, did not include it; nor was it retired to BOP’s superseded set. There is nothing newer than 08-09-2016 for this Program Statement.

Two things around it did move. The Special Housing Unit policy was reissued as PS 5270.12 on 3/5/2024, with CN-1 dated 3/6/2025, and it is that current edition — not the PS 5270.10 (7/29/2011) listed in PS 5217.02’s own reference list at p. 14 — that draws the SHU/SMU boundary quoted above. Several other references in PS 5217.02 are likewise stale: PS 5100.08 is cited at its 9/12/06 date though CN-1 issued 9/4/2019; PS 5200.07 has been superseded by the current Female Offender Manual; PS 5310.16 (5/1/14) is cited for mental-health care; PS 5322.13 has been succeeded by PS 5321.09, Unit Management and Inmate Program Review; PS 5360.09 is now PS 5360.10; PS 5580.08 is now PS 5580.10; and PS 6031.04 is now PS 6031.06, Patient Care. A reader who follows the 2016 reference list will be reading rescinded policy.

Where people get stuck appealing an SMU designation

The appeal is filed at the wrong level, and the clock runs out. SMU designation appeals go “through the Administrative Remedy Program, directly to the Office of General Counsel” (p. 5) — not to the warden, not to the region. Filing a BP-9 at the institution is the most common error, and it consumes time the ordinary deadline does not forgive: 28 C.F.R. § 542.14(a) sets “20 calendar days following the date on which the basis for the Request occurred,” subject to an extension “[w]here the inmate demonstrates a valid reason for delay.” Complaints about conditions inside the unit do follow the ordinary BP-9 → BP-10 → BP-11 ladder. BOP publishes BP-A0148 but does not publish the BP-9, BP-10 or BP-11 forms; the unit team supplies those. See Administrative Remedy Program and Prison Grievances.

Progression stalls and nobody explains why. The policy conditions Level Three consideration on documented evidence that the person can “program with other individuals, groups, or gangs,” recorded in a memorandum to the file (p. 11) — and it directs that the Special Management Unit Review before Level Three “must address CIM assignments in detail.” If you are stuck at Level Two, the document to ask for is that memorandum and the BP-A0949 that accompanied it, not a general explanation. Separatee assignments under the Central Inmate Monitoring System are a frequent and invisible reason a progression is held; the same paragraph notes the memorandum “may also be used as rationale in any subsequent CIM declassification request.”

Recreation and out-of-cell time fall below the floor and the complaint is written too generally. “I’m not getting rec” goes nowhere. “In the week of [date] I received two hours of out-of-cell exercise, not the five hours per week provided in PS 5217.02 at p. 7, and BP-A0950 for that week will show it” is a document staff have to answer. Because BP-A0950 records all out-of-cell time, the request for it is as important as the complaint. Note the one lawful denial: the Warden may deny exercise “for up to one week at a time” on a safety determination, and nothing else may limit it, “even as part of a disciplinary sanction.”

Mental health deteriorates and the request goes to the wrong office. The removal route in this policy does not run through the unit team or the warden: the recommendation “is forwarded to the Administrator, Psychology Services Branch, Central Office,” and if approved “the Psychology Administrator notifies the Warden” (p. 5). Separately, every SMU inmate is to be evaluated by mental health staff every 30 days (p. 8). Ask, in writing, for the dates of those evaluations and for a psychology referral that names the removal provision. See Treatment and Care of Inmates With Mental Illness, Suicide Prevention Program, and Mental Health Programs for Inmates.

Where the underlying problem is designation, sentence computation, medical care, or a First Step Act credit calculation, the administrative remedy is necessary but rarely sufficient on its own. Those belong in a consult — see Federal Prison Consulting Services, Federal Prison Problems, or contact us.

Related BOP policy on special management units

The paired page is Solitary Confinement and Special Housing Units (SHUs) in Federal Prisons — the plain-language guide to federal restrictive housing for families, which is where most readers arrive from and where the human questions belong. This page carries the rule; that one carries the experience.

The other restrictive-housing regimes, each distinct: Special Housing Units (PS 5270.12) for administrative detention and disciplinary segregation, which is regulation-backed at subpart B; Communications Management Units (PS 5214.05) for the units that restrict outside contact rather than internal movement; Reintegration Housing Units for the step-down model; Protective Custody; and USP Florence ADMAX, the administrative-maximum penitentiary that houses the Bureau’s control unit program.

The policies that feed an SMU referral or govern life inside it: Inmate Discipline Program (PS 5270.09), because a 100-level prohibited act is one of the enumerated criteria and incident reports are the packet’s raw material; Security Designation and Custody Classification (PS 5100.08), because the higher-security alternative is the first thing the policy tells staff to consider; Central Inmate Monitoring System (PS 5180.05) for separatee assignments that constrain both designation and progression; Unit Team and Program Review (PS 5321.09) for the regular program reviews layered on top of the 90-day SMU reviews; Treatment and Care of Inmates With Mental Illness (PS 5310.16) for both the entry screen and the removal route; Literacy Program (PS 5356.01) for the GED and ESL programming the levels call for; Inmate Legal Activities (PS 1315.08); Religious Beliefs and Practices (PS 5360.10); Inmate Personal Property (PS 5580.10); Trust Fund and Commissary (PS 4500.13); Patient Care (PS 6031.06); and Correctional Services Procedures Manual (PS 5500.14) for the observation requirements applying to continuously locked-down units.

Routes, records and offices: Request to Staff (PS 5511.08), Administrative Remedy Program (PS 1330.18), Inmate Central File and Privacy Folder (PS 5800.17), FOIA and Privacy Act Requests, BOP Grand Prairie (DSCC), the BOP Regional Offices, and the Central Office, where the Office of General Counsel and the Psychology Services Branch Administrator sit.

Further reading on our site: Inmate Housing in the Federal Bureau of Prisons, Prison Security Levels, High-Security Prisons, Securing the Right Transfer in the Federal Bureau of Prisons, Federal Inmate Transfer Process, Solitary Confinement Reform in the United States, mental health and solitary confinement in federal prison, and What Rights Do Prisoners Have?.

Frequently Asked Questions About Special Management Units

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Program Statement 5217.02 — full text

The Bureau’s own text follows, reproduced in full from its published PDF. The original is posted by the Bureau of Prisons here: PS 5217.02 (PDF).

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI: CPD/CSB NUMBER: P5217.02 DATE: August 9, 2016

Special Management Units

/s/ Approved: Thomas R. Kane Acting Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

To provide guidance and procedures for operating Special Management Units (SMU). Some inmates present unique security and management concerns. Accordingly, the Bureau of Prisons (Bureau) designates inmates to SMUs, where enhanced management is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public.

SMU designation is non-punitive, and may be appropriate for any inmate meeting the referral criteria in Section 2 below. Conditions of confinement for SMU inmates are more restrictive than for general population inmates, and are described in Section 5. Inmates are expected to complete the SMU program in approximately 12 months, at which time they may be redesignated to a general population or to another appropriate facility.

a. Summary of Changes

Policy Rescinded

• Purpose and Scope reflects that inmates are expected to complete the SMU program in approximately 12 months.
• Program Objectives added that inmates who successfully progress through the SMU program will be redesignated to a general population or another appropriate facility.
• The referral criteria now reflect that inmates must have at least 24 months left on their sentence.
• Referral procedures reflect that when considering designation criteria, inmates from lower security institutions will be considered for designation to a higher security facility prior to recommending SMU placement. The referring institution will take into consideration any current medical assessment/treatment prior to recommending the referral.
• The referral packet consists of a completed Request for Transfer/Application of Management Variable (EMS-A409), copies of pertinent Special Investigative Supervisor reports and incident reports, a psychological/medical evaluation, and a cover memorandum to the Warden summarizing the rationale for referral for SMU designation.
• A copy of the referral will be sent to the Psychology Services Branch, which reviews the inmate’s mental health record to determine if mental health concerns preclude an inmate from being placed in a SMU. If there is no evidence to preclude a hearing, the Regional Director appoints a Hearing Administrator to conduct a hearing into whether the inmate meets the criteria for SMU designation.
• Inmates currently in a SMU are provided the BP-A0937, Notice to Inmate of Designation to a Special Management Unit, which informs the inmates of the right to appeal the designation decision and their individual conditions of confinement.
• An inmate in SMU may be removed if it becomes clear his/her mental health does not reasonably allow him/her to complete the program. The recommendation is forwarded to the Administrator, Psychology Services Branch, Central Office. If approved, the Psychology Administrator notifies the Warden.
• When an inmate serving a sanction of disciplinary segregation is designated to a SMU, the referring Regional Director may direct that the inmate complete the disciplinary segregation period at the current institution, or request that the inmate complete the disciplinary segregation period at the receiving institution before transfer into the SMU.
• The program structure, differentiated by conditions of confinement and expected completion times, now has three levels instead of four.

b. Program Objectives. The expected results of this program are:

• Inmates who meet the criteria for designation to a SMU will be referred for redesignation.
• Inmates who successfully progress through the SMU program will be redesignated to a general population, or another appropriate facility.
• Safe and orderly environments at all institutions will be further enhanced by the operation of SMUs.

c. Pretrial/Holdover/Detainee Procedures. This Program Statement applies only to sentenced

inmates.

2. REFERRAL CRITERIA

Designation to a SMU may be considered for any sentenced inmate whose interaction requires greater management to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public, because the inmate meets any of the following criteria:

• Participated in disruptive geographical group/gang-related activity.
• Had a leadership role in disruptive geographical group/gang-related activity.
• Has a history of serious or disruptive disciplinary infractions.
• Committed any 100-level prohibited act, according to 28 CFR part 541, after being classified as a member of a Disruptive Group pursuant to 28 CFR part 524.
• Participated in, organized, or facilitated any group misconduct that adversely affected the orderly operation of a correctional facility.
• Otherwise participated in or was associated with activity such that greater management of the inmate’s interaction with other persons is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public.

The inmate must have at least 24 months left on his/her sentence.

3. REFERRAL PROCEDURES

a. Referral. When considering designation criteria, inmates from lower security institutions

will be considered for designation to a higher security facility prior to recommending placement to a SMU. The referring institution will take into consideration any current medical assessment/treatment prior to recommending that a referral be made. If an inmate appears to satisfy any of the referral criteria above, the Unit Team may present a redesignation referral to the Warden. The referral packet consists of a completed Request for Transfer/Application of Management Variable (EMS-A409), copies of pertinent Special Investigative Supervisor reports and incident reports, a Diagnostic and Care Level Formulation from Psychology Services, a medical evaluation, and a cover memorandum to the Warden summarizing the rationale for referral for SMU designation. If the Warden approves the referral, it is submitted to the Regional Director. The packet may be submitted electronically at all stages. The Unit Team will be notified if the Warden denies the referral.

b. Hearing. If the Regional Director determines that sufficient evidence exists to convene a

hearing, a copy of the referral is sent to the Psychology Services Branch. Psychology Services reviews the inmate’s mental health record to determine if there are mental health concerns that would preclude an inmate from being placed in a SMU. Please see the Program Statement Treatment and Care of Inmates with Mental Illness, when considering to place inmates with a serious mental health illness in the SMU. If there is no evidence to preclude a hearing, the

Regional Director appoints a Hearing Administrator to conduct a hearing into whether the inmate meets the criteria for SMU designation. The Hearing Administrator will be trained and certified as a Discipline Hearing Officer, will be an impartial decision-maker, and will not be personally involved as a witness or victim in any relevant disciplinary action involving that inmate.

The Warden is notified of the Regional Director’s decision to conduct a hearing before the inmate is provided pre -hearing notice. The inmate’s security needs will be assessed and staff made aware of any additional security precautions.

(1) Pre-Hearing Notice. The Hearing Administrator completes form BP-A0935, Notice to Inmate: Hearing Referral for Designation to a Special Management Unit, and sends it to the inmate’s current institution. Unit team staff provide the inmate with a copy of the Notice at least 24 hours before the hearing, and document delivery to the inmate. If the inmate is illiterate, the delivering staff member will read the notice verbatim. If the inmate does not speak English, the Unit Team staff make arrangements to provide translation.

The Notice will:

• Advise the inmate of the date and time of the hearing.
• Advise the inmate of the opportunity to appear at the hearing.
• Provide a sufficiently detailed explanation of the reasons for the referral. Such explanation will not include information that would jeopardize the safety, security, or orderly operation of correctional facilities, or protection of the public.
• Inform the inmate that a non-probationary staff member will be available to help him/her compile documentary evidence and written witness statements to present at the hearing. The assisting staff member’s responsibility in this role is limited to assisting the inmate in obtaining copies of documents needed, for example, from his/her central file or other reasonably available source(s), or a written statement(s) from other reasonably available inmates or staff.

Inmate Appearance and Evidence. The inmate has the opportunity to appear at the hearing, make an oral statement, and present documentary evidence and written witness statements, except where contrary to the safety, security, or orderly operation of Bureau facilities, or protection of the public. The Hearing Administrator, after consultation with staff at the facility where the inmate is housed, will determine whether the inmate appears at the hearing via videoconference, telephone conference, or in person. The Warden or designee determines the location of the hearing.

c. Post-Hearing Findings and Decision. The Hearing Administrator considers whether, based

on information obtained during the referral process and presented at the hearing, the inmate meets the criteria for the SMU program. The Hearing Administrator prepares form BP-A0936,

Hearing Administrator’s Report on Referral for Designation to a Special Management Unit, and provides it to the Regional Director. The Report provides a detailed explanation of the reasons for the Hearing Administrator’s findings, but does not include information that would jeopardize the safety, security, or orderly operation of correctional facilities, or protection of the public.

The Regional Director considers whether, based on the Hearing Administrator’s findings, the SMU referral is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public. The Regional Director includes a recommendation on the Report and forwards it to the Designation and Sentence Computation Center (DSCC).

When considering inmates for designation to the SMU, appropriate DSCC staff involved in the designation process review the inmate’s CIM assignment to ensure inmates who are separatees pursuant to the Program Statement Central Inmate Monitoring Manual are not designated to the same SMU without written concurrence of the Central Office. The DSCC then reviews the Report and, after consulting with the Assistant Director, Correctional Programs Division, indicates whether SMU referral is approved. If SMU referral is approved, the DSCC selects the SMU that best meets the inmate’s greater management needs, and enters the approval on the CMC Clearance Data Sheet. The DSCC forwards the decision to the receiving Regional Director and Warden, with copies to the referring Regional Director and Warden. If SMU referral is denied, the DSCC should consider a secondary referral code/rationale provided in the referral − greater security, adjustment purposes, etc.

d. Post-Decision Notice and Appeal. The inmate’s copy of the completed Report is sent to the

referring Warden, who ensures delivery to the inmate. The Report advises the inmate of the opportunity to appeal the decision and the Hearing Administrator’s findings through the Administrative Remedy Program, directly to the Office of General Counsel.

An inmate’s appeal of the decision or the Hearing Administrator’s findings does not delay designation and transfer to a SMU. Designation and transfer are effected; the inmate may proceed with the appeal while housed in the SMU.

e. Mental Health Removal. An inmate in SMU may be removed if it becomes clear the

inmate’s mental health does not reasonably allow him/her to complete the program. The recommendation is forwarded to the Administrator, Psychology Services Branch, Central Office. If approved, the Psychology Administrator notifies the Warden (refer to the Program Statement Treatment and Care of Inmates With Mental Illness).

f. Inmates in Disciplinary Segregation. When an inmate serving a sanction of disciplinary

segregation is designated to a SMU, the referring Regional Director may:

• Direct that the inmate complete the disciplinary segregation period at the current institution; or
• Request that the inmate complete the disciplinary segregation period at the receiving institution before transfer into the SMU.

4. CENTRAL INMATE MONITORING (CIM) ASSIGNMENTS

CIM assignments regarding SMU candidates will be finalized prior to assignment to a specific SMU. This ensures the most appropriate placement of each SMU inmate.

Inmates with CIM assignments related to their SMU placement may be housed in the same institution/SMU housing unit, due to the institution’s ability to prevent any physical contact between them.

5. CONDITIONS OF CONFINEMENT

Conditions of confinement for SMU inmates are more restrictive than for general population inmates. An inmate’s individual conditions will be limited in accordance with this policy as necessary to ensure the safety of others, to protect the security or orderly operation of the institution, or protect the public. Individual conditions may be further limited as part of a disciplinary sanction imposed pursuant to 28 CFR part 541, except as specified below. Individual conditions are ordinarily made less restrictive when an inmate progresses from level to level of the SMU program. The cell door of each inmate in the SMU must be clearly marked with the inmate’s level and any enhanced security needs for that inmate.

The Warden must request a policy waiver, in accordance with the Program Statement Directives Management Manual, to impose restrictions more stringent than those allowed by this Program Statement or other applicable national directives. Conditions required by regulations, however, may not be waived.

a. Minimal Conditions. Except as provided above, minimal conditions of confinement for

SMU inmates are as follows, and in accordance with the Program Statement Occupational Safety, Environmental Compliance, and Fire Protection, and directives referenced in this Program Statement.

(1) Environment. Living quarters are well ventilated, adequately lighted, appropriately heated, and maintained in a sanitary condition.

(2) Cell Occupancy. Living quarters normally house only the number of occupants for which they are designed. The Warden, however, may authorize additional occupants as long as adequate standards can be maintained.

(3) Bedding. Inmates receive a mattress, blankets, a pillow, and linens for sleeping. Inmates have necessary opportunities to exchange linens.

(4) Clothing. Inmates receive adequate institution clothing, including footwear. Inmates have opportunities to exchange clothing or have it washed.

(5) Personal Hygiene. Inmates have access to a washbasin and toilet. Inmates receive necessary personal hygiene items. Inmates have the opportunity to shower and shave at least three times per week. Inmates have access to necessary hair care services.

(6) Meals. Inmates receive nutritionally adequate meals and may be required to eat all meals in their living quarters.

(7) Recreation. Inmates have the opportunity to exercise outside their individual quarters for at least five hours per week, ordinarily in one-hour periods on different days.

The Warden may deny these exercise periods for up to one week at a time if it is determined that an inmate’s recreation itself jeopardizes the safety, security, or orderly operation of the institution. However, recreation conditions specified here may not otherwise be limited, even as part of a disciplinary sanction imposed under 28 CFR part 541.

(8) Personal Property. Inmates may have reasonable amounts of personal property. Personal property may be limited for reasons of fire safety, sanitation, or available space.

(9) Commissary. Inmates have access to the commissary, as determined by the Warden.

(10) Visits. Inmates may receive visitors in accordance with 28 CFR part 540. Inmates may be provided non-contact visits, through the use of videoconferencing or other technology.

(11) Correspondence and Telephone Use. Inmates may correspond with persons in the community and use the telephone in accordance with 28 CFR part 540 and this Program Statement. However, to deter and detect continued involvement in disruptive behavior, correspondence and telephone use are subject to monitoring and analysis for intelligence purposes. Special mail and unmonitored attorney telephone calls are handled in accordance with 28 CFR part 540.

Telephone calls are live-monitored where feasible. If live monitoring is not feasible, calls are normally reviewed within 24 hours. If the call is in a language other than English, it is submitted for translation. The translated call summary is analyzed for intelligence purposes. Inmates may use the telephone a minimum of two completed calls per month, unless telephone restrictions have been imposed pursuant to 28 CFR part 541, and may be increased as they progress through the levels of the program.

Correspondence that is prepared in a language other than English will either be directly translated or submitted to the SIS office for translation. All correspondence is analyzed for intelligence purposes before mailing out of the institution and before being delivered to the inmate.

(12) Legal Activities. Inmates may perform legal activities in accordance with 28 CFR part 543.

(13) Religion. Inmates may pursue religious beliefs and practices in accordance with 28 CFR part 548.

(14) Library Services. Inmates have access to library services in accordance with 28 CFR part 544.

(15) Medical Care. A health services staff member visits inmates daily to provide necessary medical care. Emergency medical care is always available either at the institution or from the community.

(16) Mental Health Care. Each inmate will be evaluated by mental health staff every 30 days. Emergency mental health care is always available either at the institution or from the community. In addition, inmates with an identified need for routine and/or follow-up mental health services will receive these services in accordance with the Program Statements Treatment and Care of Inmates with Mental Illness and Psychiatric Services.

b. 30-Day Conditions Review. The Warden will designate staff to conduct reviews every 30

days of inmates assigned to SMUs, as provided on BP-A0951, Special Management Unit (SMU) 30-Day Conditions Review. The original form will be retained in the inmate’s central file.

c. Housing Unit Daily Record. The housing unit officer completes BP-A0950, Housing

Unit Daily Record, daily for the items provided therein. All out of cell time will also be recorded on BP -A0950. At Level Three, completion of the daily record form is optional, as determined by the Warden.

d. Protective Equipment. Consistent with the Correctional Services Program Statements,

appropriate protective equipment will be made available for Special Management Units. The

location of this protective equipment will be in an area accessible to staff, as determined by the Warden.

6. PROGRAM STRUCTURE AND REVIEWS

SMUs consist of three program levels, differentiated by the conditions of confinement and expected time frames for completion, as described below. Completion of all levels is expected within 9 to 13 months.

Level Expected Level Completion Time SMU Reviews

One

6-8 Months Initially within 28 days, no less than every90 days

fdfDays Two

2-3 Months

No less than every 90 days Three 1-2 Months

Inmates currently housed in the SMU as of August 9, 2016, or prior to the effective date of this policy will be individually assessed using form BP-A0949, Special Management Review Report, to determine their level in the SMU Program according to the provisions of this Program Statement. The inmate’s ability to maintain clear conduct, successful participation in SMU programming, and efforts at positive interaction with staff and other inmates will be considered in making these assessments. For inmates currently housed in the SMU as of August 9, 2016, or prior to the effective date of this policy, their time in the SMU may be more than 24 consecutive months depending on their level in the SMU program.

a. Level One

Inmate Interaction. At this level, interaction between inmates is minimal (for example, shower, recreation, programming). Inmates will normally be restricted to their assigned cells.

Admission and Orientation. Inmates will participate in an institution and unit admission and orientation (A&O) program, as outlined in the Program Statement Admission and Orientation Program. The goal of the SMU A&O program is to provide inmates with information regarding institution operations, program availability, and the requirements for successful progression through each of the three levels of the program. A&O may be conducted through in-cell programming, using radio programs or other available technology.

Programming. Initial programming assessment will occur within the first 28 days of an inmate’s arrival at the SMU. Institution and SMU staff interact with each inmate on an individual basis to:

• Assess the inmate’s program and counseling needs.
• Discuss SMU program objectives/expectations.
• Establish a set of program goals based on the inmate’s individual needs and the programming available within the unit.
• Communicate requirements of the SMU program, including the expectations the inmate must meet before he/she will be considered for a general population institution.

Inmates will continue their involvement in GED or ESL, either individually or in a classroom setting. Initially during this level, inmates may be involved in programs on a self-study basis.

Property. Inmates will have limited personal property, as determined by the Warden through the Institution Supplement.

Level Progression. Progression through Level One is based upon the inmate’s compliance with behavioral expectations, as established by institution and SMU staff. A multidiscipline Special Management Review will be conducted by the Unit Manager, Captain, and Associate Warden (chairperson)(or his/her acting). This review will include input from the SMU unit team, correctional staff, psychology staff, education staff, and other appropriate staff to determine the inmate’s readiness to progress to the next level. Review of the inmate will be documented on form BP-A0949, Special Management Review Report, along with any accompanying memoranda from any member referred to above, and will be filed in Section 2 of the inmate’s Central File. After the initial programming assessment, Level One inmates will be reviewed at least every 90 days.

Inmates are expected to progress to Level Two after 6-8 months.

a. Level Two

Inmate Interaction. At this level, interaction between inmates expands (for example, shower, recreation, programming). Inmates will normally be restricted to their assigned cells, but out-of-cell activities/programming may be increased on a case-by-case basis.

Programming. Inmates may continue their involvement in GED or ESL either individually or in a classroom setting. Psychology staff will have frequent contact with inmates on the living unit to promote the development of effective coping strategies and to assist inmates in adjusting to

the institution environment. Psychology staff may provide in-cell materials that support the program’s goals of responsible behavior and effective communication.

During this level, inmates may be involved in Evidence Based Therapy (EBT) groups. Individual and/or small group counseling sessions dealing specifically with treatment readiness, fundamental communication skills, criminal thinking, and improving coping/problem-solving skills may be required. Staff monitor which inmates participate in group activities. All program activities should reinforce the goal of acting responsibly. Curriculum at this level targets “treatment readiness skills” (e.g., basic empathy, attending, responding, respect, genuineness), basic cognitive skills, and criminal thinking. Small group counseling sessions may be conducted.

Property. At this level, inmates may have additional personal property, based on individual performance as determined by the Institution Supplement.

Level Progression. Progression through this level is based upon the inmate demonstrating the potential for positive “community” interaction. During Level Two, inmates generally program and function separately. Progression to Level Three, however, requires that the inmate demonstrate the ability to program with other individuals, groups, or gangs; the inmate’s willingness/unwillingness to coexist with individuals, groups, or gangs must be documented via a memorandum to the file. Accordingly, the multidiscipline Special Management Unit Review prior to Level Three consideration must address CIM assignments in detail. This memorandum may also be used as rationale in any subsequent CIM declassification request. Review of the inmate will be documented on form BP-A0949, Special Management Review Report, along with any accompanying memoranda from any member referred to above, and filed in Section 2 of the inmate’s Central File. Level Two inmates are reviewed at least every 90 days. Inmates are expected to progress to Level Three after two to three months. Inmates who fail to make satisfactory progress may be returned to a previous level.

b. Level Three

Inmate Interaction. Inmates at this level will begin to interact in an open, but supervised, setting with individuals from various groups, including open movement in the unit and frequent group counseling sessions commensurate with the inmate’s demonstrated ability to effectively coexist with other inmates. Staff monitor which inmates may be housed or participate in activities together, as necessary to protect the safety, security, and good order of the institution. There will also be increased privileges (e.g., increased commissary, property, etc.) at this level for those who accomplish unit goals and maintain appropriate conduct.

Programming. Activities at this level will intensify, with more interaction in a less restrictive environment. Inmates continue to participate in counseling programs as outlined in Level Two. Programming in this level will normally occur 3-5 hours Monday through Friday.

Psychology staff continue to have frequent contact with inmates on the living unit. In addition, Psychology Services staff offer counseling groups that allow participants to learn and practice effective skills. The focus and emphasis of SMU program counseling activities will be to minimize the tendency of SMU inmates to involve themselves in disruptive behavior. Counseling will focus on encouraging inmates to find ways in which they can program appropriately with other inmates in a general population setting and behave responsibly. Counseling will be evidence-based and involve cognitive-behavioral programming, , and emphasize responsibility and accountability. First and foremost, the inmates must be taught to look toward the future, as the decisions they are making affect their families and their ability to prepare themselves for eventual reentry to society.

Property. At this level, inmate access to personal property may be incrementally increased from Level Two based on individual performance. Inmates may be considered for the same personal property privileges as general population inmates.

Level Progression. Progression through this level is based upon the inmate’s ability to demonstrate positive “community” interaction skills. The inmate’s successful progression through this phase will indicate he/she is prepared to function in a general population. Normally, inmates who successfully complete the SMU program are redesignated to the general population of another facility. In some situations, however, the SMU unit team may recommend that the SMU graduate be assigned to the general population of that facility. In some cases, inmates who successfully complete the SMU program may not be appropriate for general population in another facility. Staff assess each case independently to ensure an appropriate designation. Review of the inmate is documented on BP-A0949, Special Management Review Report, along with any accompanying memoranda from any member referred to above, and filed in Section 2 of the inmate’s Central File.

Inmates who fail to make appropriate levels of program participation may be returned to a previous level.

7. PERIODIC REVIEW

SMU inmates are reviewed by the Unit Team in conjunction with regularly scheduled Program Reviews as provided in the Program Statement Inmate Classification and Program Review. The Unit Team specifically reviews inmates for progression through the levels of the program.

An inmate’s institutional adjustment, program participation, personal hygiene, and cell sanitation are considered when reviewing the inmate for progression to further levels.

8. REDESIGNATION

a. Redesignation Criteria. To be redesignated from SMU status, an inmate must demonstrate

successful progression through SMU programming, and for a minimum of 9 months, abstain from all of the following:

• Geographical group/gang-related activity.
• Serious and/or disruptive disciplinary infractions.
• Group misconduct that adversely affects the orderly operation of a correctional facility.

The inmate must demonstrate a sustained ability to coexist with other inmates, staff, and other persons.

b. Referral Procedures. When an inmate has met the redesignation criteria, the Unit Team

submits a memorandum to the Warden for designation to the general population, normally at another institution.

c. SMU Failures. The total allowed designation time in a SMU is 24 consecutive months. If

an inmate fails to complete the SMU program within 24 consecutive months, he/she will be placed in SMU FAIL status (CMA); the institution notifies the regional administrators for correctional services and correctional programs. The regional administrators then notify the Correctional Programs Division (CPD), Central Office, and provide all relevant SMU referral and designation documents. A thorough review will be conducted by CPD, which will make a recommendation for the inmate’s placement in an appropriate institution.

d. SMU Returns. The maximum time an inmate may spend in SMU is 24 consecutive months.

Inmates will not be returned to the program unless they engage in additional disruptive behavior that warrants a new referral, which will be subject to approval as provided in policy.

9. INSTITUTION SUPPLEMENT

Each institution with a SMU will develop an Institution Supplement that addresses local operations and procedures. The Institution Supplement must be reviewed for legal sufficiency by the Regional Counsel prior to implementation.

REFERENCES

Program Statements

P1600.09 Occupational Safety, Environmental Compliance, and Fire Protection (10/31/07) P5100.08 Inmate Security Designation and Custody Classification (9/12/06)

P5300.21 Education, Training and Leisure Time Program Standards (2/18/02) P5310.16 Treatment and Care of Inmates With Mental Illness (5/1/14)

P5521.06 Searches of Housing Units, Inmates, and Inmate Work Areas (6/4/15)

Memorandum – General Population Referral Procedure (10/15/12)

BOP Forms BP-A0935 Notice to Inmate: Hearing Referral for Designation to a Special Management Unit BP-A0936 Hearing Administrator’s Report on Referral for Designation to a Special Management Unit BP-A0937 Notice to Inmate of Designation to a Special Management Unit BP-A0949 Special Management Review Report BP-A0950 Housing Unit Daily Record BP-A0951 Special Management Unit (SMU) 30-Day Conditions Review

ACA Standards

• American Correctional Association Standards for Adult Correctional Institutions, 4th Edition: 4-4276, 4-4277, 4-4283, 4-4287, 4-4288, 4-4290, 4-4292, 4-4295, 4-4296, 4-4297, 4-4299, 4- 4300, 4-4301, 4-4363M, 4-4368M,4-4491, 4-4497, 4-4498, 4-4510, 4-4517.
• American Correctional Association Performance Based Standards for Adult Local Detention Facilities, 4th Edition: None.
• American Correctional Association Standards for Administration of Correctional Agencies, 2nd Edition: 2-CO-4A-01, 2-CO-4B-01, 2-CO-4B-04, 2-CO-4E-01, 2-CO-4F-01, 2-CO-5B-01, 2-CO-5C-01, 2-CO-5D-01, 2-CO-5E-01, 2-CO-5F-01.
• American Correctional Association Standards for Correctional Training Academies: None.

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

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