28 C.F.R. PART 552—CUSTODY
Title 28 - Judicial Administration
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.
Source: 45 FR 33941, May 20, 1980, unless otherwise noted.
Source: 45 FR 75134, Nov. 13, 1980, unless otherwise noted.
In order to further the safe, secure, and orderly running of its institutions, the Bureau of Prisons conducts searches of inmates and of inmate housing and work areas to locate contraband and to deter its introduction and movement. Staff shall employ the least intrusive method of search practicable, as indicated by the type of contraband and the method of suspected introduction. (a) Pat search—an inspection of an inmate, using the hands, that does not require the inmate to remove clothing. The inspection includes a search of the inmate's clothing and personal effects. A metal detector search may be done under the same circumstances. Staff may conduct a pat search of an inmate on a routine or random basis to control contraband. (b) Visual search—a visual inspection of all body surfaces and body cavities. (1) Staff may conduct a visual search where there is reasonable belief that contraband may be concealed on the person, or a good opportunity for concealment has occured. For example, placement in a special housing unit (see 28 CFR part 541, subpart B), leaving the institution, or re-entry into an institution after contact with the public (after a community trip, court transfer, or after a “contact” visit in a visiting room) is sufficient to justify a visual search. The visual search shall be made in a manner designed to assure as much privacy to the inmate as practicable. (2) Staff of the same sex as the inmate shall make the search, except where circumstances are such that delay would mean the likely loss of contraband. Where staff of the opposite sex makes a visual search, staff shall document the reasons for the opposite sex search in the inmate's central file. (c) Digital or simple instrument search—inspection for contraband or any other foreign item in a body cavity of an inmate by use of fingers or simple instruments, such as an otoscope, tongue blade, short nasal speculum, and simple forceps. A digital or simple instrument search may be conducted only by designated qualified health personnel (for example, physicians, physician assistants, and nurses) upon approval of the Warden or Acting Warden and only if the Warden or Acting Warden has reasonable belief that an inmate is concealing contraband in or on his person. If located, the contraband or foreign item may be removed immediately by medical staff if such removal can easily be effected by use of fingers or the simple instruments referred to above. Staff shall document all digital and simple instrument searches and the reasons for the searches in the inmate's central file. (1) Staff shall solicit the inmate's written consent prior to conducting a digital or simple instrument search. However, the inmate's consent is not required. (2) Staff may not conduct a digital or simple instrument search if it is likely to result in physical injury to the inmate. [45 FR 75134, Nov. 13, 1980, as amended at 48 FR 48970, Oct. 21, 1983; 56 FR 21036, May 6, 1991] When there is reasonable belief that an inmate has ingested contraband or concealed contraband in a body cavity and the methods of search specified in §552.11 are inappropriate or likely to result in physical injury to the inmate, the Warden or designee may authorize the placement of an inmate in a room or cell for the purpose of staff's closely observing that inmate until the inmate has voided the contraband or until sufficient time has elapsed to preclude the possibility that the inmate is concealing contraband. (a) The length of close observation status will be determined on an individual basis. Ordinarily, the Captain, in consultation with qualified health personnel, shall determine when termination is appropriate. The status of an inmate under close observation for as long as three days must be reviewed by the Segregation Review Official according to the provisions in §541.22(c) of this chapter, and the initial SRO review conducted within three work days shall be a formal hearing. Maintaining an inmate under close observation beyond seven days requires approval of the Warden, who makes this decision in consultation with the Captain and qualified health personnel. (b) The supervising staff member shall be the same sex as the inmate and shall maintain complete and constant visual supervision of the inmate. (c) The supervisor responsible for initiating the close observation watch shall advise the inmate of the conditions and of what is expected. (1) The inmate shall be required to provide a urine sample within two hours of placement under close observation in accordance with the provisions of §550.30 of this chapter on urine surveillance. A second urine sample is required prior to releasing the inmate from close observation. (2) The light will be kept on at all times. (3) No inmate under close observation status may be allowed to come into contact with another inmate. (4) The inmate ordinarily may not be allowed personal property while under close observation status, except legal and personal mail and a reasonable amount of legal materials when requested. Personal hygiene items will be controlled by staff. (5) When the inmate is lying on a bed, the inmate shall be required to lie on top of the mattress in full view, weather and room temperature permitting. When necessary for the inmate to use cover, hands must remain visible at all times so that staff can observe any attempt to move contraband. (6) Due to security concerns, the inmate ordinarily may not be permitted recreation outside of the cell. (7) The inmate is to be served the same meals as those served to the general population, unless medically contraindicated. (8) No medications may be given to the inmate except for those prescribed and given by hospital personnel. No laxatives may be given except natural laxatives, i.e., coffee, prune juice, etc. (9) When the inmate needs to urinate and/or defecate, the inmate will be furnished an empty hospital bed pan. (10) When the inmate requests to shave, to brush teeth, or other such request, a wash pan and container of water is to be provided for use in the cell. (11) Institution staff shall be available to the inmate upon request, within reason and within the bounds of security concerns. [56 FR 21036, May 6, 1991] (a) The institution physician may authorize use of a fluoroscope, major instrument (including anoscope or vaginal speculum), or surgical intrusion for medical reasons only, with the inmate's consent. (b) The institution physician may authorize use of an X-ray for medical reasons and only with the consent of the inmate. When there exists no reasonable alternative, and an X-ray examination is determined necessary for the security, good order, or discipline of the institution, the Warden, upon approval of the Regional Director, may authorize the institution physician to order a non-repetitive X-ray examination for the purpose of determining if contraband is concealed in or on the inmate (for example: in a cast or body cavity). The X-ray examination may not be performed if it is determined by the institution physician that it is likely to result in serious or lasting medical injury or harm to the inmate. Staff shall place documentation of the examination and the reasons for the examination in the inmate's central file and medical file. (1) The Warden and Regional Director or persons officially acting in that capacity may not redelegate the authority to approve an X-ray examination for the purpose of determining if contrabrand is present. An Acting Warden or Acting Regional Director may, however, perform this function. (2) Staff shall solicit the inmate's consent prior to the X-ray examination. However, the inmate's consent is not required. (c) The Warden may direct X-rays of inanimate objects where the inmate is not exposed. [45 FR 75134, Nov. 13, 1980, as amended at 48 FR 48970, Oct. 21, 1983. Redesignated and amended at 56 FR 20136, 20137, May 6, 1991] (a) Staff may search an inmate's housing and work area, and personal items contained within those areas, without notice to or prior approval from the inmate and without the inmate's presence. (b) Staff conducting the search shall leave the housing or work area as nearly as practicable in its original order. [45 FR 75134, Nov. 13, 1980. Redesignated at 56 FR 21036, May 6, 1991] Source: 54 FR 21394, May 17, 1989, unless otherwise noted.
The Bureau of Prisons authorizes staff to use force only as a last alternative after all other reasonable efforts to resolve a situation have failed. When authorized, staff must use only that amount of force necessary to gain control of the inmate, to protect and ensure the safety of inmates, staff, and others, to prevent serious property damage and to ensure institution security and good order. Staff are authorized to apply physical restraints necessary to gain control of an inmate who appears to be dangerous because the inmate: (a) Assaults another individual; (b) Destroys government property; (c) Attempts suicide; (d) Inflicts injury upon self; or (e) Becomes violent or displays signs of imminent violence. This rule on application of restraints does not restrict the use of restraints in situations requiring precautionary restraints, particularly in the movement or transfer of inmates (e.g., the use of handcuffs in moving inmates to and from a cell in detention, escorting an inmate to a Special Housing Unit pending investigation, etc.). [59 FR 30469, June 13, 1994, as amended at 61 FR 39800, July 30, 1996] (a) Immediate use of force. Staff may immediately use force and/or apply restraints when the behavior described in §552.20 constitutes an immediate, serious threat to the inmate, staff, others, property, or to institution security and good order. (b) Calculated use of force and/or application of restraints. This occurs in situations where an inmate is in an area that can be isolated (e.g., a locked cell, a range) and where there is no immediate, direct threat to the inmate or others. When there is time for the calculated use of force or application of restraints, staff must first determine if the situation can be resolved without resorting to force (see §552.23). (c) Use of Force Team Technique. If use of force is determined to be necessary, and other means of gaining control of an inmate are deemed inappropriate or ineffective, then the Use of Force Team Technique shall be used to control the inmate and to apply soft restraints, to include ambulatory leg restraints. The Use of Force Team Technique ordinarily involves trained staff, clothed in protective gear, who enter the inmate's area in tandem, each with a coordinated responsibility for helping achieve immediate control of the inmate. (d) Exceptions. Any exception to this rule is prohibited, except where the facts and circumstances known to the staff member would warrant a person using sound correctional judgment to reasonably believe other action is necessary (as a last resort) to prevent serious physical injury, or serious property damage which would immediately endanger the safety of staff, inmates, or others. [59 FR 30469, June 13, 1994, as amended at 61 FR 39800, July 30, 1996] (a) Staff ordinarily shall first attempt to gain the inmate's voluntary cooperation before using force. (b) Force may not be used to punish an inmate. (c) Staff shall use only that amount of force necessary to gain control of the inmate. Situations when an appropriate amount of force may be warranted include, but are not limited to: (1) Defense or protection of self or others; (2) Enforcement of institutional regulations; and (3) The prevention of a crime or apprehension of one who has committed a crime. (d) Where immediate use of restraints is indicated, staff may temporarily apply such restraints to an inmate to prevent that inmate from hurting self, staff, or others, and/or to prevent serious property damage. When the temporary application of restraints is determined necessary, and after staff have gained control of the inmate, the Warden or designee is to be notified immediately for a decision on whether the use of restraints should continue. (e) Staff may apply restraints (for example, handcuffs) to the inmate who continues to resist after staff achieve physical control of that inmate, and may apply restraints to any inmate who is placed under control by the Use of Force Team Technique. If an inmate in a forcible restraint situation refuses to move to another area on his own, staff may physically move that inmate by lifting and carrying the inmate to the appropriate destination. (f) Restraints should remain on the inmate until self-control is regained. (g) Except when the immediate use of restraints is required for control of the inmate, staff may apply restraints to, or continue the use of progressive restraints on, an inmate while in a cell in administrative detention or disciplinary segregation only with approval of the Warden or designee. (h) Restraint equipment or devices (e.g., handcuffs) may not be used in any of the following ways: (1) As a method of punishing an inmate. (2) About an inmate's neck or face, or in any manner which restricts blood circulation or obstructs the inmate's airways. (3) In a manner that causes unnecessary physical pain or extreme discomfort. (4) To secure an inmate to a fixed object, such as a cell door or cell grill, except as provided in §552.24. (i) Medication may not be used as a restraint solely for security purposes. (j) All incidents involving the use of force and the application of restraints (as specified in §552.27) must be carefully documented. [54 FR 21394, May 17, 1989. Redesignated and amended at 59 FR 30469, 30470, June 13, 1994; 61 FR 39800, July 30, 1996] Prior to any calculated use of force, the ranking custodial official (ordinarily the Captain or shift Lieutenant), a designated mental health professional, and others shall confer and gather pertinent information about the inmate and the immediate situation. Based on their assessment of that information, they shall identify a staff member(s) to attempt to obtain the inmate's voluntary cooperation and, using the knowledge they have gained about the inmate and the incident, determine if use of force is necessary. [59 FR 30470, June 13, 1994] When the Warden determines that four-point restraints are the only means available to obtain and maintain control over an inmate, the following procedures must be followed: (a) Soft restraints (e.g., vinyl) must be used to restrain an inmate, unless: (1) Such restraints previously have proven ineffective with respect to that inmate, or (2) Such restraints are proven ineffective during the initial application procedure. (b) Inmates will be dressed in clothing appropriate to the temperature. (c) Beds will be covered with a mattress, and a blanket/sheet will be provided to the inmate. (d) Staff shall check the inmate at least every 15 minutes, both to ensure that the restraints are not hampering circulation and for the general welfare of the inmate. When an inmate is restrained to a bed, staff shall periodically rotate the inmate's position to avoid soreness or stiffness. (e) A review of the inmate's placement in four-point restraints shall be made by a Lieutenant every two hours to determine if the use of restraints has had the required calming effect and so that the inmate may be released from these restraints (completely or to lesser restraints) as soon as possible. At every two-hour review, the inmate will be afforded the opportunity to use the toilet, unless the inmate is continuing to actively resist or becomes violent while being released from the restraints for this purpose. (f) When the inmate is placed in four-point restraints, qualified health personnel shall initially assess the inmate to ensure appropriate breathing and response (physical or verbal). Staff shall also ensure that the restraints have not restricted or impaired the inmate's circulation. When inmates are so restrained, qualified health personnel ordinarily are to visit the inmate at least twice during each eight hour shift. Use of four-point restraints beyond eight hours requires the supervision of qualified health personnel. Mental health and qualified health personnel may be asked for advice regarding the appropriate time for removal of the restraints. (g) When it is necessary to restrain an inmate for longer than eight hours, the Warden (or designee) or institution administrative duty officer shall notify the Regional Director or Regional Duty Officer by telephone. [54 FR 21394, May 17, 1989. Redesignated and amended at 59 FR 30469, 30470, June 13, 1994; 61 FR 39800, July 30, 1996] The Warden may authorize the use of chemical agents or non-lethal weapons only when the situation is such that the inmate: (a) Is armed and/or barricaded; or (b) Cannot be approached without danger to self or others; and (c) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage. [54 FR 21394, May 17, 1989. Redesignated and amended at 59 FR 30469, 30470, June 13, 1994] (a) In immediate use of force situations, staff shall seek the assistance of mental health or qualified health personnel upon gaining physical control of the inmate. When possible, staff shall seek such assistance at the onset of the violent behavior. In calculated use of force situations, the use of force team leader shall seek the guidance of qualified health personnel (based upon a review of the inmate's medical record) to identify physical or mental problems. When mental health staff or qualified health personnel determine that an inmate requires continuing care, and particularly when the inmate to be restrained is pregnant, the deciding staff shall assume responsibility for the inmate's care, to include possible admission to the institution hospital, or, in the case of a pregnant inmate, restraining her in other than face down four-point restraints. (b) After any use of force or forcible application of restraints, the inmate shall be examined by qualified health personnel, and any injuries noted, immediately treated. [61 FR 39801, July 30, 1996] Staff shall appropriately document all incidents involving the use of force, chemical agents, or non-lethal weapons. Staff shall also document, in writing, the use of restraints on an inmate who becomes violent or displays signs of imminent violence. A copy of the report shall be placed in the inmate's central file. [59 FR 30470, June 13, 1994] Source: 61 FR 38042, July 22, 1996, unless otherwise noted.
The Bureau of Prisons primary objectives in all hostage situations are to safely free the hostage(s) and to regain control of the institution. The Warden is not ordinarily involved directly in the negotiation process. Instead, this responsibility is ordinarily assigned to a team of individuals specifically trained in hostage negotiation techniques. (a) Negotiators have no decision-making authority in hostage situations, but rather serve as intermediaries between hostage takers and command center staff. (b) During the negotiation process, the following items are non-negotiable: release of captors from custody, providing of weapons, exchange of hostages, and immunity from prosecution. Captive staff have no authority and their directives shall be disregarded. The Warden shall assign staff to handle all news releases and news media inquiries in accordance with the rule on Contact with News Media (see 28 CFR 540.65). Source: 55 FR 17355, Apr. 24, 1990, unless otherwise noted.
The Bureau of Prisons provides guidelines for the management of potentially suicidal inmates. While suicides cannot be totally eliminated, the Bureau of Prisons is responsible for monitoring the health and welfare of individual inmates and for ensuring that procedures are pursued to help preserve life. Each Bureau of Prisons institution, other than medical centers, will implement a suicide prevention program which conforms to the procedures outlined in this rule. Each Bureau of Prisons medical center is to develop specific written procedures, consistent with the specialized nature of the institution and the intent of this rule. Each Warden shall designate in writing a full-time staff member to serve as Program Coordinator for an institution Suicide Prevention Program. The Program Coordinator shall be responsible for managing the treatment of suicidal inmates and for ensuring that the institution's suicide prevention program conforms to the guidelines for training, identification, referral, and assessment/intervention outlined in this rule. (a) Training. The Program Coordinator will ensure that all staff will be trained (ordinarily by psychology services personnel) to recognize signs indicative of a potential suicide, the appropriate referral process, and suicide prevention techniques. (b) Identification. All newly admitted inmates will be screened by a physician's assistant (PA) ordinarily within twenty-four hours of admission to the institution for both obvious and subtle signs of potential for suicide. Except for inmates confined at Metropolitan Correctional Centers, Federal Detention Centers or in Federal Detention Units, psychology staff will conduct a second, more comprehensive appraisal, ordinarily within 14 days of the inmate's admission to the institution. (c) Referral. During regular working hours staff shall immediately advise the Program Coordinator of any inmate who exhibits behavior indicative of suicide potential. In emergency situations or during non-routine working hours, the potentially suicidal individual will be placed on formal suicide watch pending evaluation by the Program Coordinator or delegatee at his or her earliest opportunity. (d) Assessment/Intervention. There are varying degrees of potential for suicidal and other deliberate self-injurious behavior which may necessitate a variety of clinical interventions other than placing an inmate on suicide watch. These recommendations might include heightened staff or inmate interaction, a room/cell change, greater observation, or referral for psychotropic medication. (1) Non-suicidal inmates. If the Program Coordinator determines that the inmate does not appear imminently suicidal, he/she shall document in writing the basis for this conclusion and any treatment recommendations made. This documentation is placed in the inmate's medical, psychology, and central file. (2) Suicidal inmates. If the Program Coordinator determines the individual to have an imminent potential for suicide, the inmate will be placed on suicide watch in the institution's designated suicide prevention room. The actions and findings of the Program Coordinator will be documented, with copies going to the central file, medical record, psychology file, and the Warden. The inmate on watch will ordinarily be seen by the Program Coordinator on at least a daily basis. Unit staff will have frequent contact with the inmate while he/she is on watch. Only the Program Coordinator will have the authority to remove an inmate from suicide watch. Termination of the watch will be documented with copies to the central file, medical record, psychology file, and the Warden. There should be a clear description of the resolution of the crisis and guidelines for follow-up care. Inmates on watch will be placed in the institution's designated suicide prevention room, a non-administrative detention/segregation cell ordinarily located in the health services area. Despite the cell's location, the inmate will not be admitted as an in-patient unless there are medical indications that would necessitate immediate hospitalization. The Program Coordinator will have responsibility for determining the specific conditions of the watch. (a) Requirements for watches. Individuals assigned to suicide watch will have verbal communication with, and CONSTANT observation of, the suicidal inmate at all times. (b) Inmate companions. Any institution, at the Warden's discretion, may utilize inmates as companions to help monitor suicidal inmates. If the Warden authorizes a companion program, the Program Coordinator will be responsible for the selection, training, assignment, and removal of individual companions. These companions will receive at least semi-annual training in program procedures and purpose. Inmates selected as companions shall receive performance pay for time spent monitoring a potentially suicidal inmate. The authorization for the use of inmate companions is to be made in writing by the Warden on a case-by-case basis. The Program Coordinator will arrange for a potentially suicidal inmate to be removed from Special Housing Unit status prior to completion of his/her administrative detention or sanction and placed on suicide watch. Once the suicide crisis is over, the inmate will be expected to satisfy the administrative detention or Disciplinary Segregation sanction unless the Segregation Review Official finds the completion of the administrative detention or sanction no longer necessary and/or advisable. The Program Coordinator will be responsible for making emergency referrals of suicidal inmates to the appropriate medical center. No inmate who is determined to be imminently suicidal will be transferred to another institution, except to a medical center on an emergency basis. If an inmate suicide does occur, the Program Coordinator will immediately notify the Regional Administrator, Psychology Services, who will arrange for a psychological reconstruction of the suicide to be completed by a psychologist from another institution.
Title 28: Judicial Administration
PART 552—CUSTODY
Section Contents
§ 552.10 Purpose and scope.
§ 552.11 Body searches of inmates.
§ 552.12 Close observation.
§ 552.13 X-ray, major instrument, fluoroscope, or surgical intrusion.
§ 552.14 Search of inmate housing and work areas.
§ 552.20 Purpose and scope.
§ 552.21 Types of force.
§ 552.22 Principles governing the use of force and application of restraints.
§ 552.23 Confrontation avoidance procedures.
§ 552.24 Use of four-point restraints.
§ 552.25 Use of chemical agents or non-lethal weapons.
§ 552.26 Medical attention in use of force and application of restraints incidents.
§ 552.27 Documentation of use of force and application of restraints incidents.
§ 552.30 Purpose and scope.
§ 552.31 Negotiations.
§ 552.32 Hostages.
§ 552.33 Media.
§ 552.40 Purpose and scope.
§ 552.41 Policy.
§ 552.42 Program Coordinator.
§ 552.43 Procedures.
§ 552.44 Housing suicidal inmates.
§ 552.45 Authority and responsibility.
§ 552.46 Suicide watches.
§ 552.47 Custodial issues.
§ 552.48 Transfer of inmates to other institutions.
§ 552.49 Analysis of suicides.
Subpart A [Reserved]
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Subpart B—Searches of Housing Units, Inmates, and Inmate Work Areas
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§ 552.10 Purpose and scope.
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§ 552.11 Body searches of inmates.
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§ 552.12 Close observation.
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§ 552.13 X-ray, major instrument, fluoroscope, or surgical intrusion.
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§ 552.14 Search of inmate housing and work areas.
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Subpart C—Use of Force and Application of Restraints on Inmates
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§ 552.20 Purpose and scope.
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§ 552.21 Types of force.
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§ 552.22 Principles governing the use of force and application of restraints.
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§ 552.23 Confrontation avoidance procedures.
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§ 552.24 Use of four-point restraints.
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§ 552.25 Use of chemical agents or non-lethal weapons.
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§ 552.26 Medical attention in use of force and application of restraints incidents.
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§ 552.27 Documentation of use of force and application of restraints incidents.
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Subpart D—Hostage Situation Management
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§ 552.30 Purpose and scope.
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§ 552.31 Negotiations.
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§ 552.32 Hostages.
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§ 552.33 Media.
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Subpart E—Suicide Prevention Program
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§ 552.40 Purpose and scope.
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§ 552.41 Policy.
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§ 552.42 Program Coordinator.
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§ 552.43 Procedures.
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§ 552.44 Housing suicidal inmates.
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§ 552.45 Authority and responsibility.
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§ 552.46 Suicide watches.
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§ 552.47 Custodial issues.
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§ 552.48 Transfer of inmates to other institutions.
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§ 552.49 Analysis of suicides.
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