PART 524—CLASSIFICATION OF INMATES Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510. Subpart A [Reserved] Subpart B—Classification and Program Review of Inmates Source: 71 FR 36007, June 23, 2006, unless otherwise noted. § 524.10 Purpose. The purpose of this subpart is to explain the Bureau of Prisons (Bureau) process for classifying newly committed inmates and conducting program reviews for all inmates except: (a) Pretrial inmates, covered in 28 CFR part 551; and (b) Inmates committed for study and observation. § 524.11 Process for classification and program reviews. (a) When: (1) Newly committed inmates will be classified within 28 calendar days of arrival at the institution designated for service of sentence. (2) Inmates will receive a program review at least once every 180 calendar days. When an inmate is within twelve months of the projected release date, staff will conduct a program review at least once every 90 calendar days. (b) Inmate appearance before classification team: (1) Inmates will be notified at least 48 hours before that inmate's scheduled appearance before the classification team (whether for the initial classification or later program reviews). (2) Inmates may submit a written waiver of the 48-hour notice requirement. (3) The inmate is expected to attend the initial classification and all later program reviews. If the inmate refuses to appear at a scheduled meeting, staff must document on the Program Review Report the inmate's refusal and, if known, the reasons for refusal, and give a copy of this report to the inmate. (c) Program Review Report: (d) Work Programs: Subpart C—Youth Corrections Act (YCA) Programs Source: 58 FR 50808, Sept. 28, 1993, unless otherwise noted. § 524.20 Purpose and scope. This subpart establishes procedures for designation, classification, parole, and release of Youth Corrections Act (YCA) inmates. In keeping with court findings, and in accord with the repeal of 18 U.S.C. chapter 402, sections 5011 and 5015(b), all offenders sentenced under the provisions of the YCA presently in custody, those retaken into custody as parole violators, and those yet to be committed (probation violators, appeal bond cases, etc.) may be transferred to or placed in adult institutions under the provisions of this policy. § 524.21 Definitions. (a) YCA inmate: (b) No further benefit: § 524.22 YCA program. (a) Wardens are to ensure each committed youth offender is scheduled for a three-phase program plan which will include a classification phase, a treatment phase, and a pre-release phase. A program plan for each YCA inmate will be developed by the Unit Team as a part of the classification phase. The Warden may exempt a YCA inmate from program participation when individual circumstances warrant such exceptions. Such exceptions must be requested and acknowledged by the inmate, and the reason(s) for exemption must be documented in the inmate's central file. (1) Classification phase: (i) Behavior; (ii) Treatment/self improvement; (iii) Pre-release. (2) Treatment phase: (3) Pre-release phase: (b) Staff shall establish incentives to motivate YCA inmates and to encourage program completion. Examples of such incentives which may be used are special recognition, awards, and “vacation days”. (c) The program plan, and the YCA inmate's participation in fulfilling goals contained within the plan, are fundamental factors considered by the U.S. Parole Commission in determining when a YCA inmate should be paroled. Given the importance and joint use of the YCA programming process, the current program plan and a summary of the inmate's progress in meeting established treatment goals must be made available for review and discussion by the Commission at each parole hearing. In addition, a staff member familiar with the YCA inmate's case should be present at any parole hearing to clarify any questions concerning the plan or the inmate's progress in completing the plan. (d) Upon full and satisfactory completion of the program plan, the Warden will notify the U.S. Parole Commission and make a specific recommendation for release. § 524.23 Program reviews. Staff shall conduct periodic reviews of the inmate's program plan and shall modify the plan in accordance with the level of progress shown. Each YCA inmate shall be afforded a review at least once each 90 days, and shall have a formal progress report prepared every year summarizing the inmate's level of achievement. If the inmate's program plan needs to be modified in light of the progress made, or the lack thereof, appropriate changes will be made and a revised program plan will be developed and documented. Staff shall ordinarily notify the inmate of the 90-day review at least 48 hours prior to the inmate's scheduled appearance before the Unit Team. An inmate may waive in writing the requirement of 48 hours notice. § 524.24 Parole hearings. All YCA inmates have been extended the parole procedures present in Watts Hadden. (a) For those inmates serving YCA sentences of less than 7 years, an in-person hearing will be scheduled every 9 months. (b) For those inmates serving YCA sentences of 7 years or more, an in-person hearing will be scheduled every 12 months. (c) Upon notification of a response to treatment/certified completion of a program plan by the Bureau of Prisons, the Parole Commission will schedule the inmate for an in-person hearing on the next available docket, unless the inmate is paroled on the record. If a hearing is held and the inmate is denied parole, the next hearing shall be scheduled in accordance with the schedule outlined in paragraphs (a) and (b) of this section. (d) The hearings mentioned in paragraphs (a) and (b) of this section are not required for inmates who have been continued to expiration or mandatory parole who have less than one year remaining to serve or to a CCC placement date. § 524.25 U.S. Parole Commission. The U.S. Parole Commission is the releasing authority for all YCA inmates except for full term and conditional releases. The Commission shall be provided a progress report: (a) Upon request of the Commission, (b) Prior to any interim hearing or pre-release record review, or (c) Upon determination by the inmate's Unit Team, with concurrence by the Warden, that the inmate has completed his or her program plan. Subpart D [Reserved] Subpart E—Progress Reports Source: 55 FR 49977, Dec. 3, 1990, unless otherwise noted. § 524.40 Purpose and scope. The Bureau of Prisons maintains current information on each inmate through progress reports completed by staff. The progress report summarizes information relating to the inmate's adjustment during confinement, program participation, and readiness for release. § 524.41 Types of progress reports. The Bureau of Prisons prepares the following types of progress reports. (a) Initial Hearing—prepared for an inmate's initial parole hearing when progress has not been summarized within the previous 180 days. (b) Statutory Interim/Two-Thirds Review—prepared for a parole hearing conducted 18 or 24 months following a hearing at which no effective parole date was established, or for a two-thirds review (see 28 CFR 2.53) unless the inmate has waived the parole hearing. (c) Pre-Release— (1) Record Review—prepared for and mailed to the appropriate Parole Commission office at least eight months prior to the inmate's presumptive parole date. (2) Final—prepared at least 90 days prior to the release of an offender to a term of supervision. (d) Transfer report (e) Other—prepared for any reason other than those previously stated in this section. The reason (e.g., court request, clemency review) is specified in the report. [55 FR 49977, Dec. 3, 1990, as amended at 59 FR 6856, Feb. 11, 1994; 60 FR 10722, Feb. 27, 1995; 63 FR 7604, Feb. 13, 1998; 78 FR 63877, Oct. 25, 2013] § 524.42 Content of progress reports. Staff shall include the following in each progress report: (a) Institution (full name) and Date; (b) Type of Progress Report; (c) Committed name; (d) Registration number; (e) Age; (f) Present security and custody level; (g) Offense(s) for which committed; (h) Sentence; (i) Date sentence began; (j) Time served to date, including jail time credit; (k) Good conduct time/Extra good time earned; (l) Statutory good time withheld or forfeited; Disallowed good conduct time; (m) Projected release date; (n) Most recent Parole Commission action, including any special conditions or requirements (if applicable); (o) Detainers and pending charges on file; (p) Institutional adjustment; this ordinarily includes information on the inmate's: (1) Program plans; (2) Work assignments and skills acquired; (3) Educational/vocational participation; (4) Counseling programs; (5) Incident reports; (6) Institutional movement; (7) Physical and mental health, including any significant mental or physical health problems, and any corrective action taken; and (8) Financial responsibility. (q) Release planning: (1) Where appropriate, staff shall request that the inmate provide a specific release plan; (2) Staff shall identify available release resources (including CCC) and any particular problem that may be present in release planning. [59 FR 6857, Feb. 11, 1994] § 524.43 Inmate's access to progress reports. Upon request, an inmate may read and receive a copy of any progress report retained in the inmate's central file which had been prepared on that inmate after October 15, 1974. Staff shall allow the inmate the opportunity to read a newly prepared progress report and shall request the inmate sign and date the report. If the inmate refuses to do so, staff witnessing the refusal shall document this refusal on the report. Staff shall then offer to provide a copy of the progress report to the inmate. [59 FR 6857, Feb. 11, 1994] Subpart F—Central Inmate Monitoring (CIM) System Source: 61 FR 40143, July 31, 1996, unless otherwise noted. § 524.70 Purpose and scope. The Bureau of Prisons monitors and controls the transfer, temporary release (e.g., on writ), and community activities of certain inmates who present special needs for management. Such inmates, known as central inmate monitoring (CIM) cases, require a higher level of review which may include Central Office and/or Regional Office clearance for transfers, temporary releases, or community activities. This monitoring is not to preclude a CIM case from such activities, when the inmate is otherwise eligible, but rather is to provide protection to all concerned and to contribute to the safe and orderly operation of federal institutions. § 524.71 Responsibility. Authority for actions relative to the CIM system is delegated to the Assistant Director, Correctional Programs Division, to Regional Directors, and to Wardens. The Assistant Director, Correctional Programs Division, and Regional Directors shall assign a person responsible for coordinating CIM activities. The Case Management Coordinator (CMC) shall provide oversight and coordination of CIM activities at the institutional level, and the Community Corrections Manager shall assume these responsibilities for contract facilities. § 524.72 CIM assignment categories. CIM cases are classified according to the following assignments: (a) Witness Security cases. (b) Threats to government officials. (c) Broad publicity. (d) Disruptive group. (e) State prisoners. (f) Separation. (g) Special supervision. § 524.73 Classification procedures. (a) Initial assignment. (1) Witness Security cases. (2) State prisoners. (3) Special supervision. (4) Recommitted offenders. (b) Notification. (c) Initial review. (1) Central Office Inmate Monitoring Section (2) Regional Office (3) Warden, or Designee (d) Removal. (2) The reviewing authority is responsible for determining if removal or modification of any CIM classification other than a Department of Justice Witness Security case is appropriate. The inmate retains the CIM classification pending a decision by the reviewing authority. (3) When an inmate is removed for any reason from a CIM classification (for example, because the reviewing authority either disapproves the CIM classification or approves removal of a CIM classification based on new information), the appropriate staff member shall ensure that the relevant portions of the inmate central file are either removed or, when part of a larger document, are amended to clearly reflect removal of the CIM assignment. Staff shall notify the inmate of the decision and document any change in the inmate's record, and supportive documentation and the written basis for removal are to be retained in the inmate privacy file. § 524.74 Activities clearance. (a) Except as provided for in paragraph (b) of this section, the Warden is the clearance authority on all transfers, temporary releases, community activities, and escorted trips. (b) Witness Security cases. § 524.75 Periodic review. The Warden shall ensure that the status of an inmate's CIM assignment is considered at each program review. When staff believe that removal or modification of a CIM classification is appropriate, the institution's CMC and the appropriate reviewing authority must be notified. Only the reviewing authority shall determine if removal or modification of the CIM classification is appropriate. § 524.76 Appeals of CIM classification. An inmate may at any time appeal (through the Administrative Remedy Program) the inmate's classification as a CIM case. Inmates identified as Witness Security cases may choose to address their concerns directly to the Inmate Monitoring Section, Central Office, rather than use the Administrative Remedy Program.