TITLE 28--JUDICIAL ADMINISTRATION

TITLE 28 -- JUDICIAL ADMINISTRATION

CHAPTER V -- BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

PART 540 -- CONTACT WITH PERSONS IN THE COMMUNITY

Subpart A -- General

Sec.

540.2 Definitions.

Subpart B -- Correspondence

540.10 Purpose and scope.

540.11 Mail depositories.

540.12 Controls and procedures.

540.13 Notification of rejections.

540.14 General correspondence.

540.15 Restricted general correspondence.

540.16 Inmate correspondence while in segregation and holdover status.

540.17 Correspondence between confined inmates.

540.18 Special mail.

540.19 Legal correspondence.

540.20 Inmate correspondence with representatives of the news media.

540.21 Payment of postage.

540.22 Special postal services.

540.23 Inmate funds received through the mails.

540.24 Returned mail.

540.25 Change of address and forwarding of mail for inmates.

Subpart C -- [Reserved]

Subpart D -- Visiting Regulations

540.40 Purpose and scope.

540.41 Visiting facilities.

540.42 Visiting times.

540.43 Frequency of visits and number of visitors.

540.44 Regular visitors.

540.45 Business visitors.

540.46 Consular visitors.

540.47 Visits from representatives of community groups.

540.48 Special visits.

540.49 Transportation assistance.

540.50 Visits to inmates not in regular population status.

540.51 Procedures.

540.52 Penalty for violation of visiting regulations.

Subpart E -- Contact With News Media

540.60 Purpose and scope.

540.61 Authorization.

540.62 Institutional visits.

540.63 Personal interviews.

540.64 Press pools.

540.65 Release of information.

Subpart F -- Incoming Publications

540.70 Purpose and scope.

540.71 Procedures.

540.72 Statutory restrictions requiring return of commercially

published information or material which is sexually explicit

or features nudity.

Subparts G-H -- [Reserved]

Subpart I -- Telephone Regulations for Inmates

540.100 Purpose and scope.

540.101 Procedures.

540.102 Monitoring of inmate telephone calls.

540.103 Inmate telephone calls to attorneys.

540.104 Responsibility for inmate misuse of telephones.

540.105 Expenses of inmate telephone use.

Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 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3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as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; Public

Law 104-208, section 614 (110 Stat. 3009); 28 CFR 0.95-0.99.

Subpart A -- General

Source: 50 FR 40108, Oct. 1, 1985, unless otherwise noted.

Sec. 540.2 Definitions.

(a) General correspondence means incoming or outgoing correspondence

other than special mail. General correspondence includes packages sent

through the mail.

(1) Open general correspondence means general correspondence which

is not limited to a list of authorized correspondents, except as

provided in Sec. 540.17.

(2) Restricted general correspondence means general correspondence

which is limited to a list of authorized correspondents.

(b) Representatives of the news media means persons whose principal

employment is to gather or report news for:

(1) A newspaper which qualifies as a general circulation newspaper

in the community in which it is published. A newspaper is one of

``general circulation'' if it circulates among the general

[Page 451]

public and if it publishes news of a general character of general

interest to the public such as news of political, religious, commercial,

or social affairs. A key test to determine whether a newspaper qualifies

as a ``general circulation'' newspaper is to determine whether the paper

qualifies for the purpose of publishing legal notices in the community

in which it is located or the area to which it distributes;

(2) A news magazine which has a national circulation and is sold by

newsstands and by mail subscription to the general public;

(3) A national or international news service; or

(4) A radio or television news program, whose primary purpose is to

report the news, of a station holding a Federal Communications

Commission license.

President and Vice President of the United States, the U.S. Department

of Justice (including the Bureau of Prisons), U.S. Attorneys Offices,

Surgeon General, U.S. Public Health Service, Secretary of the Army,

Navy, or Air Force, U.S. Courts (including U.S. Probation Officers),

Members of the U.S. Congress, Embassies and Consulates, Governors, State

Attorneys General, Prosecuting Attorneys, Directors of State Departments

of Corrections, State Parole Commissioners, State Legislators, State

Courts, State Probation Officers, other Federal and State law

enforcement offices, attorneys, and representatives of the news media.

Special mail also includes correspondence received from the following:

President and Vice President of the United States, attorneys, Members of

the U.S. Congress, Embassies and Consulates, the U.S. Department of

Justice (excluding the Bureau of Prisons but including U.S. Attorneys),

other Federal law enforcement officers, State Attorneys General,

Prosecuting Attorneys, Governors, U.S. Courts (including U.S. Probation

Officers), and State Courts. For incoming correspondence to be processed

under the special mail procedures (see Secs. 540.18 -- 540.19), the sender

must be adequately identified on the envelope, and the front of the

envelope must be marked ``Special Mail -- Open only in the presence of the

inmate''.

Subpart B -- Correspondence

Source: 50 FR 40109, Oct. 1, 1985, unless otherwise noted.

Sec. 540.10 Purpose and scope.

The Bureau of Prisons encourages correspondence that is directed to

socially useful goals. The Warden shall establish correspondence

procedures for inmates in each institution, as authorized and suggested

in this rule.

Sec. 540.11 Mail depositories.

The Warden shall establish at least one mail depository within the

institution for an inmate to place outgoing correspondence. The Warden

may establish a separate mail depository for outgoing special mail. A

return address, containing the inmate's name and register number, P.O.

Box, city, state, and zip code, is necessary for each item placed in a

mail depository.

Sec. 540.12 Controls and procedures.

(a) The Warden shall establish and exercise controls to protect

individuals, and the security, discipline, and good order of the

institution. The size, complexity, and security level of the

institution, the degree of sophistication of the inmates confined, and

other variables require flexibility in correspondence procedures. All

Wardens shall establish open general correspondence procedures.

(b) Staff shall inform each inmate in writing promptly after arrival

at an institution of that institution's rules for handling of inmate

mail. This notice includes the following statement:

The staff of each institution of the Bureau of Prisons has the

authority to open all mail addressed to you before it is delivered to

you. ``Special Mail'' (mail from the President and Vice President of the

U.S., attorneys, Members of the U.S. Congress, Embassies and Consulates,

the U.S. Department of Justice (excluding the Bureau of Prisons but

including U.S. Attorneys), other Federal law enforcement officers, State

Attorneys General, Prosecuting Attorneys, Governors, U.S. Courts

(including U.S. Probation Officers), and State Courts) may be opened

only in your presence to be checked for contraband. This procedure

occurs only if the sender is

[Page 452]

adequately identified on the envelope and the front of the envelope is

marked ``Special Mail -- Open only in the presence of the inmate.'' Other

mail may be opened and read by the staff.

If you do not want your general correspondence opened and read, the

Bureau will return it to the Postal Service. This means that you will

not receive such mail. You may choose whether you want your general

correspondence delivered to you subject to the above conditions, or

returned to the Postal Service. Whatever your choice, special mail will

be delivered to you, after it is opened in your presence and checked for

contraband. You can make your choice by signing part I or part II.

Part I -- General Correspondence to be Returned to the Postal Service

I have read or had read to me the foregoing notice regarding mail. I

do not want my general correspondence opened and read. I REQUEST THAT

THE BUREAU OF PRISONS RETURN MY GENERAL CORRESPONDENCE TO THE POSTAL

SERVICE. I understand that special mail will be delivered to me, after

it is opened in my presence and checked for contraband.

(Name)__________________________________________________________________

(Reg. No.)______________________________________________________________

(Date)__________________________________________________________________

Part II -- General Correspondence to be Opened, Read, and Delivered

I have read or had read to me the foregoing notice regarding mail, I

WISH TO RECEIVE MY GENERAL CORRESPONDENCE. I understand that the Bureau

of Prisons may open and read my general correspondence if I choose to

receive same. I also understand that special mail will be delivered to

me, after it is opened in my presence and checked for contraband.

(Name)__________________________________________________________________

(Reg. No.)______________________________________________________________

(Date)__________________________________________________________________

Inmate (Name), (Reg. No.), refused to sign this form. He (she) was

advised by me that the Bureau of Prisons retains the authority to open

and read all general correspondence. The inmate was also advised that

his (her) refusal to sign this form will be interpreted as an indication

that he (she) wishes to receive general correspondence subject to the

conditions in part II above.

Staff Member's Signature________________________________________________

Date____________________________________________________________________

Mail are placed there at the request of the inmate and the inmate must

assume responsibility for the contents of each letter. Correspondence

containing threats, extortion, etc., may result in prosecution for

violation of federal laws. When such material is discovered, the inmate

may be subject to disciplinary action, the written material may be

copied, and all material may be referred to the appropriate law

enforcement agency for prosecution.

(d) An inmate shall ensure that each of the inmate's outgoing

envelopes contains that inmate's name and register number, P.O. Box,

city, state, and zip code.

Sec. 540.13 Notification of rejections.

When correspondence is rejected, the Warden shall notify the sender

in writing of the rejection and the reasons for the rejection. The

Warden shall also give notice that the sender may appeal the rejection.

The Warden shall also notify an inmate of the rejection of any letter

addressed to that inmate, along with the reasons for the rejection and

shall notify the inmate of the right to appeal the rejection. The Warden

shall refer an appeal to an official other than the one who originally

disapproved the correspondence. The Warden shall return rejected

correspondence to the sender unless the correspondence includes plans

for or discussion of commission of a crime or evidence of a crime, in

which case there is no need to return the correspondence or give notice

of the rejection, and the correspondence should be referred to

appropriate law enforcement authorities. Also, contraband need not be

returned to the sender.

Sec. 540.14 General correspondence.

(a) Institution staff shall open and inspect all incoming general

correspondence. Incoming general correspondence may be read as

frequently as deemed necessary to maintain security or monitor a

particular problem confronting an inmate.

(b) Outgoing mail in minimum and low security level institutions,

and of pretrial detainees in all institutions, may be sealed by the

inmate and sent out unopened and uninspected. Staff may open an inmate's

outgoing general correspondence:

(1) If there is reason to believe it would interfere with the

orderly running of the institution, that it would

[Page 453]

be threatening to the recipient, or that it would facilitate criminal

activity;

(2) If the inmate is on a restricted correspondence list;

(3) If the correspondence is between inmates (See Sec. 540.17); or

(4) If the envelope has an incomplete return address.

administrative institutions, except ``special mail'' and mail from

pretrial detainees, may not be sealed by the inmate and may be read and

inspected by staff.

(d) The Warden may reject correspondence sent by or to an imate if

it is determined detrimental to the security, good order, or discipline

of the institution, to the protection of the public, or if it might

facilitate criminal activity. Correspondence which may be rejected by a

Warden includes, but is not limited to, correspondence which contains

any of the following:

(1) Matter which is nonmailable under law or postal regulations;

(2) Matter which depicts, describes, or encourages activities which

may lead to the use of physical violence or group disruption;

(3) Information of escape plots, of plans to commit illegal

activities, or to violate Bureau rules or institution guidelines;

(4) Direction of an inmate's business (See Sec. 541.13, Prohibited

Act No. 408). An inmate, unless a pre-trial detainee, may not direct a

business while confined.

This does not, however, prohibit correspondence necessary to enable an

inmate to protect property and funds that were legitimately the inmate's

at the time of commitment. Thus, for example, an inmate may correspond

about refinancing an existing mortgage or sign insurance papers, but may

not operate a mortgage or insurance business while in the institution.

(5) Threats, extortion, obscenity, or gratuitous profanity;

(6) A code;

(7) Sexually explicit material (for example, personal photographs)

which by its nature or content poses a threat to an individual's

personal safety or security, or to institution good order; or

(8) Contraband. (See Sec. 500.1 of this chapter. A package received

without prior authorization by the Warden is considered to be

contraband.)

[50 FR 40109, Oct. 1, 1985, as amended at 56 FR 4159, Feb. 1, 1991]

Sec. 540.15 Restricted general correspondence.

(a) The Warden may place an inmate on restricted general

correspondence based on misconduct or as a matter of classification.

Determining factors include the inmate's:

(1) Involvement in any of the activities listed in Sec. 540.14(d);

(2) Attempting to solicit funds or items (e.g., samples), or

subscribing to a publication without paying for the subscription;

(3) Being a security risk;

(4) Threatening a government official; or

(5) Having committed an offense involving the mail.

(b) The Warden may limit to a reasonable number persons on the

approved restricted general correspondence list of an inmate.

placing an inmate on restricted general correspondence.

(1) Where the restriction will be based upon an incident report,

procedures must be followed in accordance with inmate disciplinary

regulations (part 541, subpart B of this chapter).

(2) Where there is no incident report, the Warden:

(i) Shall advise the inmate in writing of the reasons the inmate is

to be placed on restricted general correspondence;

(ii) Shall give the inmate the opportunity to respond to the

classification or change in classification; the inmate has the option to

respond orally or to submit written information or both; and

(iii) Shall notify the inmate of the decision and the reasons, and

shall advise the inmate that the inmate may appeal the decision under

the Administrative Remedy Procedure.

(d) When an inmate is placed on restricted general correspondence,

the inmate may, except as provided in Secs. 540.16 and 540.17:

[Page 454]

(1) Correspond with the inmate's spouse, mother, father, children,

and siblings, unless the correspondent is involved in an violation of

correspondence regulations, or would be a threat to the security or good

order of the institution;

(2) Request other persons also to be placed on the approved

correspondence list, subject to investigation, evaluation, and approval

by the Warden; with prior approval, the inmate may write to a proposed

correspondence to obtain a release authorizing an investigation; and

(3) Correspond with former business associates, unless it appears to

the Warden that the proposed correspondent would be a threat to the

security or good order of the institution, or that the resulting

correspondence could reasonably be expected to result in criminal

activity. Correspondence with former business associates is limited to

social matters.

(e) The Warden may allow an inmate additional correspondence with

persons other than those on the inmate's approved mailing list when the

correspondence is shown to be necessary and does not require an addition

to the mailing list because it is not of an ongoing nature.

Sec. 540.16 Inmate correspondence while in segregation and holdover

status.

(a) The Warden shall permit an inmate in holdover status (i.e.,

enroute to a designated institution) to have correspondence privileges

similar to those of other inmates insofar as practical.

(b) The Warden shall permit an inmate in segregation to have full

correspondence privileges unless placed on restricted general

correspondence under Sec. 540.15.

Sec. 540.17 Correspondence between confined inmates.

An inmate may be permitted to correspond with an inmate confined in

any other penal or correctional institution if the other inmate is

either a member of the immediate family, or is a party or witness in a

legal action in which both inmates are involved. Such correspondence may

be approved in other exceptional circumstances, with particular regard

to the security level of the institution, the nature of the relationship

between the two inmates, and whether the inmate has other regular

correspondence. The following additional limitations apply:

(a) Such correspondence at institutions of all security levels may

always be inspected and read by staff at the sending and receiving

institutions (it may not be sealed by the inmate); and

(b)(1) The appropriate unit manager at each institution must approve

of the correspondence if both inmates are housed in Federal institutions

and both inmates are members of the same immediate family or are a party

or witness in a legal action in which both inmates are involved.

(2) The Wardens of both institutions must approve of the

correspondence if one of the inmates is housed at a non-Federal

institution or if approval is being granted on the basis of exceptional

circumstances.

[50 FR 40109, Oct. 1, 1985, as amended at 61 FR 65204, Dec. 18, 1995]

Sec. 540.18 Special mail.

(a) The Warden shall open incoming special mail only in the presence

of the inmate for inspection for physical contraband and the

qualification of any enclosures as special mail. The correspondence may

not be read or copied if the sender is adequately identified on the

envelope, and the front of the envelope is marked ``Special Mail -- Open

only in the presence of the inmate''.

(b) In the absence of either adequate identification or the

``special mail'' marking indicated in paragraph (a) of this section

appearing on the envelope, staff may treat the mail as general

correspondence and may open, inspect, and read the mail.

subject to inspection.

(d) Staff shall stamp the following statement directly on the back

side of the inmate's outgoing special mail: ``The enclosed letter was

processed through special mailing procedures for forwarding to you. The

letter has been neither opened nor inspected. If the writer raises a

question or problem

[Page 455]

over which this facility has jurisdiction, you may wish to return the

material for further information or clarification. If the writer

encloses correspondence for forwarding to another addressee, please

return the enclosure to the above address.''

Sec. 540.19 Legal correspondence.

(a) Staff shall mark each envelope of incoming legal mail (mail from

courts or attorneys) to show the date and time of receipt, the date and

time the letter is delivered to an inmate and opened in the inmate's

presence, and the name of the staff member who delivered the letter. The

inmate may be asked to sign as receiving the incoming legal mail. This

paragraph applies only if the sender has marked the envelope as

specified in Sec. 540.18.

(b) The inmate is responsible for advising any attorney that

correspondence will be handled as special mail only if the envelope is

marked with the attorney's name and an indication that the person is an

attorney, and the front of the envelope is marked ``Special Mail -- Open

only in the presence of the inmate''. Legal mail shall be opened in

accordance with special mail procedures (see Sec. 540.18).

correspondence rights or privileges are stated in part 543, subpart B.

If such action is taken, the Warden shall give written notice to the

attorney and the inmate affected.

(d) In order to send mail to an attorney's assistant or to a legal

aid student or assistant, an inmate shall address the mail to the

attorney or legal aid supervisor, or the legal organization or firm, to

the attention of the student or assistant.

(e) Mail to an inmate from an attorney's assistant or legal aid

student or assistant, in order to be identified and treated by staff as

special mail, must be properly identified on the envelope as required in

paragraph (b) of this section, and must be marked on the front of the

envelope as being mail from the attorney or from the legal aid

supervisor.

Sec. 540.20 Inmate correspondence with representatives of the news

media.

(a) An inmate may write through ``special mail'' to representatives

of the news media specified by name or title (see Sec. 540.2(b)).

(b) The inmate may not receive compensation or anything of value for

correspondence with the news media. The inmate may not act as reporter

or publish under a byline.

with an inmate. Staff shall open incoming correspondence from

representatives of the media and inspect for contraband, for its

qualification as media correspondence, and for content which is likely

to promote either illegal activity or conduct contrary to Bureau

regulations.

Sec. 540.21 Payment of postage.

(a) Except as provided in paragraphs (d), (e), (f), and (i) of this

section, postage charges are the responsibility of the inmate. The

Warden shall ensure that the inmate commissary has postage stamps

available for purchase by inmates.

(b) Writing paper and envelopes are provided at no cost to the

inmate. Inmates who use their own envelopes must place a return address

on the envelope, containing their name and register number, P.O. Box,

city, state, and zip code.

(d) An inmate who has neither funds nor sufficient postage and who

wishes to mail legal mail (includes courts and attorneys) or

Administrative Remedy forms will be provided the postage stamps for such

mailing. To prevent abuses of this provision, the Warden may impose

restrictions on the free legal and administrative remedy mailings.

(e) When requested by an inmate who has neither funds nor sufficient

postage, and upon verification of this status by staff, the Warden shall

provide the postage stamps for mailing a reasonable number of letters at

government expense to enable the inmate to maintain community ties. To

prevent abuses of this provision, the Warden

[Page 456]

may impose restrictions on the free mailings.

(f) Mailing at government expense is also allowed for necessary

correspondence in verified emergency situations for inmates with neither

funds nor sufficient postage.

(g) Inmates must sign for all stamps issued to them by institution

staff.

(h) Mail received with postage due is not ordinarily accepted by the

Bureau of Prisons.

(i) Holdovers and pre-trial commitments will be provided a

reasonable number of stamps for the mailing of letters at government

expense.

(j) Inmates may not be permitted to receive stamps or stamped items

(e.g., envelopes embossed with stamps, postal cards with postage

affixed) other than by issuance from the institution or by purchase from

commissary.

Sec. 540.22 Special postal services.

(a) An inmate, at no cost to the government, may send correspondence

by registered, certified, or insured mail, and may request a return

receipt.

(b) An inmate may insure outgoing personal correspondence (e.g., a

package containing the inmate's hobbycrafts) by completing the

appropriate form and applying sufficient postage.

(1) In the event of loss or damage, any claim relative to this

matter is made to the U.S. Postal Service, either by the inmate or the

recipient. The U.S. Postal Service will only indemnify a piece of

insured mail for the actual value of an item, regardless of declared

value.

(2) Inmate packages forwarded as a result of institution

administration are considered official mail, except as otherwise

specified (for example, hobbycraft articles mailed out of the

institution). Official mail is not insured. If such an item is

subsequently lost or damaged in the mail process the inmate may file a

tort claim with the Bureau of Prisons (see part 543, subpart C of this

chapter).

(d) An inmate may not be provided such services as express mail,

COD, private carriers, or stamp collecting while confined.

Sec. 540.23 Inmate funds received through the mails.

(a) An inmate, upon completing the appropriate form, may receive

funds from family or friends or, upon approval of the Warden, from other

persons for crediting to the inmate's trust fund account.

(b) An inmate is responsible for advising persons forwarding the

inmate funds that all negotiable instruments, such as checks and money

orders, should give both the inmate's name and register number, thereby

helping to ensure a deposit to the proper inmate's account. Negotiable

instruments not accepted because they are incorrectly prepared will be

returned to the sender, with a letter of explanation. A copy of this

letter will be sent to the inmate.

nor may the inmate solicit funds or initiate requests which might result

in the solicitation of funds from persons other than as specified in

paragraph (a) of this section.

(d) An inmate may not receive through the mail funds for direct

services provided by the government, such as medical services.

Sec. 540.24 Returned mail.

Staff shall open and inspect for contraband all undelivered mail

returned to an institution by the Post Office before returning it to the

inmate. The purpose of this inspection is to determine if the content

originated with the inmate sender identified on the letter or package;

to prevent the transmission of material, substances, and property which

an inmate is not permitted to possess in the institution; and to

determine that the mail was not opened or tampered with before its

return to the institution. Any remailing is at the inmate's expense. Any

returned mail qualifying as ``special mail'' is opened and inspected for

contraband in the inmate's presence.

Sec. 540.25 Change of address and forwarding of mail for inmates.

(a) Staff shall make available to an inmate who is being released or

transferred appropriate Bureau of Prisons

[Page 457]

and U.S. Postal Service forms for change of address.

(b) Inmates are responsible for informing their correspondents of a

change of address.

inmate.

(d) Except as provided in paragraphs (e) through (g) of this

section, all mail received for a released or transferred inmate will be

returned to the U.S. Postal Service for disposition in accordance with

U.S. Postal Service regulations.

(e) Staff shall use all means practicable to forward special mail.

(f) Staff shall forward inmate general correspondence to the new

address for a period of 30 days.

(g) Staff shall permit an inmate released temporarily on writ to

elect either to have general correspondence held at the institution for

a period not to exceed 30 days, or returned to the U.S. Postal Service

for disposition.

(1) If the inmate refuses to make this election, staff at the

institution shall document this refusal, and any reasons, in the

inmate's central file. Staff shall return to the U.S. Postal Service all

general correspondence received for such as inmate after the inmate's

departure.

(2) If the inmate does not return from writ within the time

indicated, staff shall return to the U.S. Postal Service all general

correspondence being held for that inmate for disposition in accordance

with postal regulations.

Subpart C -- [Reserved]

Subpart D -- Visiting Regulations

Source: 45 FR 44232, June 30, 1980, unless otherwise noted.

Sec. 540.40 Purpose and scope.

The Bureau of Prisons encourages visiting by family, friends, and

community groups to maintain the morale of the inmate and to develop

closer relationships between the inmate and family members or others in

the community. The Warden shall develop procedures consistent with this

rule to permit inmate visiting. The Warden may restrict inmate visiting

when necessary to ensure the security and good order of the institution.

[45 FR 44232, June 30, 1980, as amended at 58 FR 39095, July 21, 1993]

Sec. 540.41 Visiting facilities.

The Warden shall have the visiting room arranged so as to provide

adequate supervision, adapted to the degree of security required by the

type of institution. The Warden shall ensure that the visiting area is

as comfortable and pleasant as practicable, and appropriately furnished

and arranged. If space is available, the Warden shall have a portion of

the visiting room equipped and set up to provide facilities for the

children of visitors.

(a) Institutions of minimum and low security levels may permit

visits beyond the security perimeter, but always under supervision of

staff.

(b) Institutions of medium and high security levels, and

administrative institutions may establish outdoor visiting, but it will

always be inside the security perimeter and always under supervision of

staff.

[45 FR 44232, June 30, 1980, as amended at 51 FR 26127, July 18, 1986;

56 FR 4159, Feb. 1, 1991]

Sec. 540.42 Visiting times.

(a) Each Warden shall establish a visiting schedule for the

institution. At a minimum, the Warden shall establish visiting hours at

the institution on Saturdays, Sundays, and holidays. The restriction of

visiting to these days may be a hardship for some families and

arrangements for other suitable hours shall be made to the extent

practicable. Where staff resources permit, the Warden may establish

evening visiting hours.

(b) Consistent with available resources, such as space limitations

and staff availability, and with concerns of institution security, the

Warden may limit the visiting period. With respect to weekend visits,

for example, some or all inmates and visitors may be limited to visiting

on Saturday or on Sunday, but not on both days, in order to accommodate

the volume of visitors. There is no requirement that every visitor has

the opportunity to visit on both days of the weekend, nor that

[Page 458]

every inmate has the opportunity to have visits on both days of the

weekend.

[51 FR 26127, July 18, 1986]

Sec. 540.43 Frequency of visits and number of visitors.

The Warden shall allow each inmate a minimum of four hours visiting

time per month. The Warden may limit the length or frequency of visits

only to avoid chronic overcrowding. The Warden may establish a guideline

for the maximum number of persons who may visit an inmate at one time,

to prevent overcrowding in the visiting room or unusual difficulty in

supervising a visit. Exceptions may be made to any local guideline when

indicated by special circumstances, such as distance the visitor must

travel, frequency of the inmate's visits, or health problems of the

inmate or visitor.

Sec. 540.44 Regular visitors.

An inmate desiring to have regular visitors must submit a list of

proposed visitors to the designated staff. Staff shall compile a

visiting list for each inmate after suitable investigation (see

Sec. 540.51(b)). The list may include:

(a) Members of the immediate family. These persons include mother,

father, step-parents, foster parents, brothers and sisters, spouse, and

children. These individuals are placed on the visiting list, absent

strong circumstances which preclude visiting.

(b) Other relatives. These persons include grandparents, uncles,

aunts, in-laws, and cousins. They may be placed on the approved list if

the inmate wishes to have visits from them regularly and if there exists

no reason to exclude them.

Institutions. The visiting privilege shall ordinarily be extended to

friends and other non-relatives, unless visits could reasonably create a

threat to the security and good order of the institution;

(2) For Medium and High Security Level Institutions and

administrative institutions. The visiting privilege shall ordinarily be

extended to friends and associates having an established relationship

prior to confinement, unless such visits could reasonably create a

threat to the security and good order of the institution. Exceptions to

the prior relationship rule may be made, particularly for inmates

without other visitors, when it is shown that the proposed visitor is

reliable and poses no threat to the security or good order of the

institution.

(d) Persons with prior criminal convictions. The existence of a

criminal conviction alone does not preclude visits. Staff shall give

consideration to the nature, extent and recentness of convictions, as

weighed against the security considerations of the institution. Specific

approval of the Warden may be required before such visits take place.

(e) Children under sixteen. Children under the age of 16 may not

visit unless accompanied by a responsible adult. Children shall be kept

under supervision of a responsible adult or a children's program.

Exceptions in unusual circumstances may be made by special approval of

the Warden.

[45 FR 44232, June 30, 1980, as amended at 56 FR 4159, Feb. 1, 1991]

Sec. 540.45 Business visitors.

No inmate is permitted to engage actively in a business or

profession. An inmate who was engaged in a business or profession prior

to commitment is expected to assign authority for the operation of such

business or profession to a person in the community. Even though the

inmate has turned over the operation of a business or profession to

another person, there may be an occasion where a decision must be made

which will substantially affect the assets or prospects of the business.

In such cases, the Warden may permit a special visit.

Sec. 540.46 Consular visitors.

Whenever it has been determined that an inmate is a citizen of a

foreign country, the Warden shall permit the consular representative of

that country to visit on matters of legitimate business. The Warden may

not withhold this privilege even though the inmate is in disciplinary

status.

[Page 459]

Sec. 540.47 Visits from representatives of community groups.

The Warden may approve as regular visitors, for one or more inmates,

representatives from community groups such as civic and religious

organziations, or other persons whose interests and qualifications for

this kind of service are confirmed by staff. The Warden may waive the

requirement for the existence of an established relationship prior to

confinement for visitors approved under this section.

Sec. 540.48 Special visits.

The Warden may authorize special visits:

(a) For clergy, former or prospective employers, sponsors, and

parole advisors. Visits in this category serve such purposes as

assistance in release planning, counseling, and discussion of family

problems;

(b) By an authorized visitor at other than regularly established

visiting times, or in excess of regularly permitted visits;

(d) To pre-trial inmates to assist in protecting their business or

in preparing for trial.

Sec. 540.49 Transportation assistance.

The Warden shall ensure that directions for transportation to and

from the institution are provided for the approved visitor (see

Sec. 540.51(b)(4)). Directions for transportation to and from the

institution and pay phone service, with commercial transportation phone

numbers posted, are also to be made available at the institution to

assist visitors.

Sec. 540.50 Visits to inmates not in regular population status.

(a) Admission and holdover status. The Warden may limit to the

immediate family of the inmate visits during the admission-orientation

period or for holdovers where there is neither a visiting list from a

transferring institution nor other verification of proposed visitors.

(b) Hospital patients. (1) When visitors request to see an inmate

who is hospitalized in the institution, the Chief Medical Officer (or,

in his absence, the Health Services Administrator), in consultation with

the Captain, shall determine whether a visit may occur, and if so,

whether it may be held in the hospital.

(2) Visits to inmates hospitalized in the community may be

restricted to only the immediate family and are subject to the general

visiting policy of that hospital.

visiting privileges while in detention or segregation status. Visiting

may be restricted or disallowed, however, when an inmate, while in

detention or segregation status, is charged with, or has been found to

have committed, a prohibited act having to do with visiting guidelines

or has otherwise acted in a way that would reasonably indicate that he

or she would be a threat to the orderliness or security of the visiting

room. Loss of an inmate's visiting privileges for other reasons may not

occur unless the inmate is provided a hearing before the Discipline

Hearing Officer (DHO) in accordance with the provisions of Sec. 541.17

of this chapter, following those provisions which are appropriate to the

circumstances, which results in a finding by the DHO that the inmate

committed a prohibited act and that there is a lack of other appropriate

sanctions or that imposition of an appropriate sanction previously has

been ineffective. The Unit Discipline Committee (UDC) may not impose a

loss of visiting privileges for inmates in detention or segregation

status. The provisions of this paragraph (c) do not interrupt or delay a

loss of visiting sanction imposed by the UDC or DHO prior to the

inmate's placement in detention or segregation status.

[45 FR 44232, June 30, 1980, as amended at 51 FR 26128, July 18, 1986;

58 FR 39095, July 21, 1993]

Sec. 540.51 Procedures.

(a) Responsibility. The Warden of the institution shall establish

and enforce local visiting guidelines in accordance with the rules and

regulations of the Bureau of Prisons.

(b) Preparation of the list of visitors. (1) Staff shall ask each

inmate to submit

[Page 460]

during the admission-orientation process a list of proposed visitors.

After appropriate investigation, staff shall compile a visiting list for

each inmate and distribute that list to the inmate and the visiting room

officer.

(2) Staff may request background information from potential visitors

who are not members of the inmate's immediate family, before placing

them on the inmate's approved visiting list. When little or no

information is available on the inmate's potential visitor, visiting may

be denied, pending receipt and review of necessary information,

including information which is available on the inmate and/or the

inmate's offense, including alleged offenses.

(3) If a background investigation is necessary before approving a

visitor, the inmate may be held responsible for having a release

authorization form forwarded to the proposed visitor. That form must be

signed and returned to staff by the proposed visitor prior to any

further action regarding visiting. Upon receipt of the authorization

form, staff may then forward a questionnaire, along with the release

authorization, to the appropriate law enforcement or crime information

agency.

(4) Staff shall notify the inmate of each approval or disapproval of

a requested person for the visiting list. Upon approval of each visitor,

staff shall provide the inmate a copy of the visiting guidelines and

with directions for transportation to and from the institution. The

inmate is responsible for notifying the visitor of the approval or

disapproval to visit and is expected to provide the approved visitors

with a copy of the visiting guidelines and directions for transportation

to and from the institution. The visiting guidelines shall include

specific directions for reaching the institution and shall cite 18

U.S.C. 1791, which provides a penalty of imprisonment for not more than

twenty years, a fine, or both for providing or attempting to provide to

an inmate anything whatsoever without the knowledge and consent of the

Warden.

(5) An inmate's visiting list may be amended at any time in

accordance with the procedures of this section.

each visitor (through driver's license, photo identification, etc.)

prior to admission of the visitor to the institution.

(d) Notification to visitors. Staff shall make available to all

visitors written guidelines for visiting the institution. Staff shall

have the visitor sign a statement acknowledging that the guidelines were

provided and declaring that the visitor does not have any articles in

his/her possession which the visitor knows to be a threat to the

security of the institution. Staff may deny the visiting privilege to a

visitor who refuses to make such a declaration.

(e) Searching visitors. Staff may require a visitor to submit to a

personal search, including a search of any items of personal property,

as a condition of allowing or continuing a visit.

(f) Record of visitors. The Warden shall maintain a record of

visitors to each inmate. The visitor's signature may be required on that

record and shall be required on at least one visiting log or record

maintained by the institution.

(g) Supervision of visits. Staff shall supervise each inmate visit

to prevent the passage of contraband and to ensure the security and good

order of the institution. The Warden may establish procedures to enable

monitoring of the visiting area, including restrooms located within the

visiting area. The Warden must provide notice to both visitors and

inmates of the potential for monitoring the visiting area. The Warden

may monitor a visitor restroom within the visiting area when there is

reasonable suspicion that a visitor and/or an inmate is engaged, or

attempting or about to engage, in criminal behavior or other prohibited

behavior.

(1) The visiting room officer shall ensure that all visits are

conducted in a quiet, orderly, and dignified manner. The visiting room

officer may terminate visits that are not conducted in the appropriate

manner. See 28 CFR 541.12, item 5, for description of an inmate's

responsibility during visits.

(2) Staff shall permit limited physical contact, such as

handshaking, embracing, and kissing, between an inmate and a visitor,

unless there is clear and convincing evidence that such contact would

jeopardize the safety or security of the institution. Where contact

visiting is provided, handshaking,

[Page 461]

embracing, and kissing are ordinarily permitted within the bounds of

good taste and only at the beginning and at the end of the visit. The

staff may limit physical contact to minimize opportunity for the

introduction of contraband and to maintain the orderly operation of the

visiting area.

(3) The visiting room officer may not accept articles or gifts of

any kind for an inmate, except packages which have had prior approval by

the Warden or a designated staff member. The Warden may allow a visitor

to leave money with a designated staff member for deposit in the

inmate's commissary account.

(4) The visiting room officer shall be aware of any articles passed

between the inmate and the visitor. If there is any reasonable basis to

believe that any item is being passed which constitutes contraband or is

otherwise in violation of the law or Bureau regulations, the visiting

room officer may examine the item.

[45 FR 44232, June 30, 1980, as amended at 51 FR 26128, July 18, 1986;

58 FR 39095, July 21, 1993]

Sec. 540.52 Penalty for violation of visiting regulations.

Any act or effort to violate the visiting guidelines of an

institution may result in disciplinary action against the inmate, which

may include the denial of future visits, possibly over an extended

period of time. Moreover, criminal prosecution may be initiated against

the visitor, the inmate, or both, in the case of criminal violations.

Subpart E -- Contact With News Media

Source: 44 FR 38247, June 29, 1979, unless otherwise noted.

Sec. 540.60 Purpose and scope.

The Bureau of Prisons recognizes the desirability of establishing a

policy that affords the public information about its operations via the

news media. Representatives of the news media (see Sec. 540.2) may visit

institutions for the purpose of preparing reports about the institution,

programs, and activities. It is not the intent of this rule to provide

publicity for an inmate or special privileges for the news media, but

rather to insure a better informed public. The Bureau of Prisons also

has a responsibility to protect the privacy and other rights of inmates

and members of the staff. Therefore, an interview in an institution must

be regulated to insure the orderly and safe operation of the

institution.

Sec. 540.61 Authorization.

(a) A news media representative who desires to make a visit or

conduct an interview at an institution must make application in writing

to the Warden, indicating that he or she is familiar with the rules and

regulations of the institution and agrees to comply with them.

(b) As a condition of authorizing interviews and making facilities

available to conduct an interview, the news media representative shall

recognize a professional responsibility to make reasonable attempts to

verify any allegations regarding an inmate, staff member or institution.

Bureau of Prisons an opportunity to respond to any allegation, which

might be published or broadcast prior to distribution.

(d) A representative of the news media shall collect information

only from the primary source. A representative of the news media may not

obtain and use personal information from one inmate about another inmate

who refuses to be interviewed.

(e) The Warden may be contacted concerning discussions or comments

regarding applicability of any rule or order.

(f) Failure to adhere to the standards of conduct set forth by this

rule for the news media representative constitutes grounds for denying

that news media representative, or the news organization which he or she

represents, permission to conduct an interview.

(g) Any questions as to the meaning or application of this subpart

are resolved by the Director of the Bureau of Prisons.

[Page 462]

Sec. 540.62 Institutional visits.

(a) A media representative shall make advance appointments for

visits.

(b) When media representatives visit the institutions, photographs

of programs and activities may be taken, and media representatives may

meet with groups of inmates engaged in authorized programs and

activities. An inmate has the right not to be photographed and not to

have his or her voice recorded by the media. A visiting representative

of the media is required to obtain written permission from an inmate

before photographing or recording the voice of an inmate participating

in authorized programs and activities.

emergency and for a reasonable time after the emergency.

(d) An inmate currently confined in an institution may not be

employed or act as a reporter or publish under a byline.

(e) Interviews by reporters and others not included in Sec. 540.2

may be permitted only by special arrangement and with approval of the

Warden.

Sec. 540.63 Personal interviews.

(a) An inmate may not receive compensation or anything of value for

interviews with the news media.

(b) Either an inmate or a representative of the news media may

initiate a request for a personal interview at an institution.

subject to the same conditions stated in Sec. 540.62. A media

representative shall make a request for personal interview within a

reasonable time prior to the personal interview.

(d) Staff shall notify an inmate of each interview request, and

shall, as a prerequisite, obtain from the inmate written consent for the

interview prior to the interview taking place. The written consent or

denial becomes part of the inmate's central file.

(e) As a prerequisite to granting the interview, an inmate must

authorize the institutional staff to respond to comments made in the

interview and to release information to the news media relative to the

inmate's comments.

(f) The Warden shall normally approve or disapprove an interview

request within 24 to 48 hours of the request.

(g) The Warden shall document any disapproval. A request for

interview may be denied for any of the following reasons.

(1) The news media representative, or the news organization which he

or she represents, does not agree to the conditions established by this

subpart or has, in the past, failed to abide by the required conditions.

(2) The inmate is physically or mentally unable to participate. This

must be supported by a medical officer's statement (a psychologist may

be used to verify mental incapacity) to be placed in the inmate's

record, substantiating the reason for disapproval.

(3) The inmate is a juvenile (under age 18) and written consent has

not been obtained from the inmate's parent or guardian. If the juvenile

inmate's parents or guardians are not known or their addresses are not

known, the Warden of the institution shall notify the representative of

the news media of the inmate's status as a juvenile, and shall then

consider the request.

(4) The interview, in the opinion of the Warden, would endanger the

health or safety of the interviewer, or would probably cause serious

unrest or disturb the good order of the institution.

(5) The inmate is involved in a pending court action and the court

having jurisdiction has issued an order forbidding such interviews.

(6) In the case of unconvicted persons (including competency

commitments under 18 U.S.C. 4244 and 4246) held in federal institutions,

interviews are not authorized until there is clearance with the court

having jurisdiction, ordinarily through the U.S. Attorney's Office.

(7) The inmate is a ``protection'' case and revelation of his or her

whereabouts would endanger the inmate's safety.

(h) Interviews are normally held in the institution visiting room

during normal weekday business hours. The Warden may:

[Page 463]

(1) Determine that another location is more suitable for conducting

the interview;

(2) Limit interview time for the entire institution if the Warden

determines that the interviews are imposing a serious drain on staff or

use of the facilities;

(3) Limit to one one-hour interview per month for an inmate in

segregation, restricted, holdover, control unit, or hospital status if

required by special security, custodial, or supervisory needs; and

(4) Limit the amount of audio, video, and film equipment or number

of media personnel entering the institution if the Warden determines

that the requested equipment or personnel would create a disruption

within the institution.

(i) In conjunction with the personal interview, if the member of the

media wishes to tour the institution, he or she must comply with the

provisions of Sec. 540.61.

(j) Interviews are not subject to auditory supervision.

Sec. 540.64 Press pools.

(a) The Warden may establish a press pool whenever he or she

determines that the frequency of requests for interviews and visits

reaches a volume that warrants limitations.

(b) Whenever the Warden establishes a press pool, the Warden shall

notify all news media representatives who have requested interviews or

visits that have not been conducted. Selected representatives are

admitted to the institution to conduct the interviews under the specific

guidelines established by the Warden.

consist of not more than one representative from each of the following

groups:

(1) The national and international news services;

(2) The television and radio networks and outlets;

(3) The news magazines and newspapers; and

(4) All media in the local community where the institution is

located. If no interest has been expressed by one or more of these

groups, no representative from such group need be selected.

(d) All news material generated by such a press pool is made

available to all media without right of first publication or broadcast.

Sec. 540.65 Release of information.

(a) The Warden shall promptly make announcements stating the facts

of unusual, newsworthy incidents to local news media. Examples are

deaths, inside escapes, and institution emergencies.

(b) The Warden shall provide information about an inmate that is a

matter of public record to the representatives of the media upon

request. The information is limited to the inmate's:

(1) Name;

(2) Register number;

(3) Place of incarceration;

(4) Age;

(5) Race;

(6) Conviction and sentencing data: this includes the offense(s) for

which convicted, the court where convicted, the date of sentencing, the

length of sentence(s), the amount of good time earned, the parole

eligibility date and parole release (presumptive or effective) date, and

the date of expiration of sentence, and includes previous Federal,

state, and local convictions;

(7) Past movement via transfers or writs;

(8) General institutional assignments.

not be released if confidential for protection cases.

(d) A request for additional information concerning an inmate by a

representative of the news media is referred to the Public Information

Officer, Central Office, Washington, DC.

(e) The Public Information Officer, Central Office, Washington, DC

shall release all announcements related to:

(1) Bureau of Prisons policy;

(2) Changes in an institutional mission;

(3) Type of inmate population; or

(4) Changes in executive personnel.

[Page 464]

Subpart F -- Incoming Publications

Sec. 540.70 Purpose and scope.

Except when precluded by statute (see Sec. 540.72), the Bureau of

Prisons permits an inmate to subscribe to or to receive publications

without prior approval and has established procedures to determine if an

incoming publication is detrimental to the security, discipline, or good

order of the institution or if it might facilitate criminal activity.

The term publication, as used in this subpart, means a book, booklet,

pamphlet, or similar document, or a single issue of a magazine,

periodical, newsletter, newspaper, plus such other materials addressed

to a specific inmate such as advertising brochures, flyers, and

catalogs.

[61 FR 57568, Nov. 6, 1996]

Sec. 540.71 Procedures.

(a) An inmate may receive hardcover publications and newspapers only

from the publisher, from a book club, or from a bookstore. An inmate may

receive other softcover material (for example, paperback books,

newspaper clippings, or magazines) from any source. The Warden may have

all incoming publications inspected for contraband. The Warden may

designate staff to review and where appropriate to approve all incoming

publications in accordance with the provisions of this subpart. Only the

Warden may reject an incoming publication.

(b) The Warden may reject a publication only if it is determined

detrimental to the security, good order, or discipline of the

institution or if it might facilitate criminal activity. The Warden may

not reject a publication solely because its content is religious,

philosophical, political, social or sexual, or because its content is

unpopular or repugnant. Publications which may be rejected by a Warden

include but are not limited to publications which meet one of the

following criteria:

(1) It depicts or describes procedures for the construction or use

of weapons, ammunition, bombs or incendiary devices;

(2) It depicts, encourages, or describes methods of escape from

correctional facilities, or contains blueprints, drawings or similar

descriptions of Bureau of Prisons institutions;

(3) It depicts or describes procedures for the brewing of alcoholic

beverages, or the manufacture of drugs;

(4) It is written in code;

(5) It depicts, describes or encourages activities which may lead to

the use of physical violence or group disruption;

(6) It encourages or instructs in the commission of criminal

activity;

(7) It is sexually explicit material which by its nature or content

poses a threat to the security, good order, or discipline of the

institution, or facilitates criminal activity.

This means the Warden shall review the individual publication prior to

the rejection of that publication. Rejection of several issues of a

subscription publication is not sufficient reason to reject the

subscription publication in its entirety.

(d) Where a publication is found unacceptable, the Warden shall

promptly advise the inmate in writing of the decision and the reasons

for it. The notice must contain reference to the specific article(s) or

material(s) considered objectionable. The Warden shall permit the inmate

an opportunity to review this material for purposes of filing an appeal

under the Administrative Remedy Program unless such review may provide

the inmate with information of a nature which is deemed to pose a threat

or detriment to the security, good order or discipline of the

institution or to encourage or instruct in criminal activity.

(e) The Warden shall provide the publisher or sender of an

unacceptable publication a copy of the rejection letter. The Warden

shall advise the publisher or sender that he may obtain an independent

review of the rejection by writing to the Regional Director within 20

days of receipt of the rejection letter. The Warden shall return the

rejected publication to the publisher or sender of the material unless

the inmate indicates an intent to file an appeal under the

Administrative Remedy Program, in which case the Warden shall retain the

rejected material at the institution for review. In case of appeal, if

the rejection is sustained, the

[Page 465]

rejected publication shall be returned when appeal or legal use is

completed.

(f) The Warden may set limits locally (for fire, sanitation or

housekeeping reasons) on the number or volume of publications an inmate

may receive or retain in his quarters. The Warden may authorize an

inmate additional storage space for storage of legal materials in

accordance with the Bureau of Prisons procedures on personal property of

inmates.

[44 FR 38260, June 29, 1979, as amended at 47 FR 55130, Dec. 7, 1982; 50

FR 411, Jan. 3, 1985; 61 FR 57568, Nov. 6, 1996]

Sec. 540.72 Statutory restrictions requiring return of commercially

published information or material which is sexually explicit

or features nudity.

(a) When commercially published information or material may not be

distributed by staff or made available to inmates due to statutory

restrictions (for example, a prohibition on the use of appropriated

funds to distribute or make available to inmates information or material

which is sexually explicit or features nudity), the Warden or designee

shall return the information or material to the publisher or sender. The

Warden or designee shall advise the publisher or sender that an

independent review of the decision may be obtained by writing to the

Regional Director within 20 days of receipt of the notification letter.

Staff shall provide the inmate with written notice of the action.

(b) Definitions. For the purpose of this section:

(1) Commercially published information or material means any book,

booklet, pamphlet, magazine, periodical, newsletter, or similar

document, including stationery and greeting cards, published by any

individual, organization, company, or corporation which is distributed

or made available through any means or media for a commercial purpose.

This definition includes any portion extracted, photocopied, or clipped

from such items.

(2) Nudity means a pictorial depiction where genitalia or female

breasts are exposed.

(3) Features means the publication contains depictions of nudity or

sexually explicit conduct on a routine or regular basis or promotes

itself based upon such depictions in the case of individual one-time

issues. Publications containing nudity illustrative of medical,

educational, or anthropological content may be excluded from this

definition.

(4) Sexually explicit means a pictorial depiction of actual or

simulated sexual acts including sexual intercourse, oral sex, or

masturbation.

[61 FR 57569, Nov. 6, 1996]

Subparts G-H -- [Reserved]

Subpart I -- Telephone Regulations for Inmates

Source: 44 FR 38249, June 29, 1979, unless otherwise noted.

Sec. 540.100 Purpose and scope.

(a) The Bureau of Prisons extends telephone privileges to inmates as

part of its overall correctional management. Telephone privileges are a

supplemental means of maintaining community and family ties that will

contribute to an inmate's personal development. An inmate may request to

call a person of his or her choice outside the institution on a

telephone provided for that purpose. However, limitations and conditions

may be imposed upon an inmate's telephone privileges to ensure that

these are consistent with other aspects of the Bureau's correctional

management responsibilities. In addition to the procedures set forth in

this subpart, inmate telephone use is subject to those limitations which

the Warden determines are necessary to ensure the security or good

order, including discipline, of the institution or to protect the

public. Restrictions on inmate telephone use may also be imposed as a

disciplinary sanction (see 28 CFR part 541).

(b) Except as provided in this rule, the Warden shall permit an

inmate who has not been restricted from telephone use as the result of a

specific institutional disciplinary sanction to make at least one

telephone call each month.

[59 FR 15824, Apr. 4, 1994, as amended at 61 FR 90, Jan. 2, 1996]

[Page 466]

Sec. 540.101 Procedures.

(a) Telephone list preparation. An inmate telephone call shall

ordinarily be made to a number identified on the inmate's official

telephone list. This list ordinarily may contain up to 30 numbers. The

Associate Warden may authorize the placement of additional numbers on an

inmate's telephone list based on the inmate's individual situation,

e.g., size of family.

(1) During the admission and orientation process, an inmate who

chooses to have telephone privileges shall prepare a proposed telephone

list. At the time of submission, the inmate shall acknowledge that, to

the best of the inmate's knowledge, the person or persons on the list

are agreeable to receiving the inmate's telephone call and that the

proposed calls are to be made for a purpose allowable under Bureau

policy or institution guidelines.

(2) Except as provided in paragraph (a)(3) of this section,

telephone numbers requested by an inmate will ordinarily be placed on

the inmate's telephone list. When an inmate requests the placement of

numbers for persons other than for immediate family or those persons

already approved for the inmate's visiting list, staff ordinarily will

notify those persons in writing that their numbers have been placed on

the inmate's telephone list. The notice advises the recipient that the

recipient's number will be removed from the list if the recipient makes

a written request to the institution, or upon the written request of the

inmate, or as provided in paragraph (a)(3) of this section.

(3) The Associate Warden may deny placement of a telephone number on

an inmate's telephone list if the Associate Warden determines that there

is a threat to institution security or good order, or a threat to the

public. Any disapproval must be documented in writing to both the inmate

and the proposed recipient. As with concerns about any correctional

issue, including any portion of these telephone regulations, an inmate

may appeal the denial through the administrative remedy procedure (see

28 CFR part 542). The Associate Warden will notify the denied recipient

that he or she may appeal the denial by writing to the Warden within 15

days of the receipt of the denial.

(b) Telephone list update. Each Warden shall establish procedures to

allow an inmate the opportunity to submit telephone list changes on at

least a quarterly basis.

inmate's telephone access code number. An inmate may not give his or her

telephone access code number to another inmate, and is to report a

compromised telephone access code number immediately to unit staff.

(d) Placement and duration of telephone call. The placement and

duration of any telephone call is subject to availability of inmate

funds. Ordinarily, an inmate who has sufficient funds is allowed at

least three minutes for a telephone call. The Warden may limit the

maximum length of telephone calling based on the situation at that

institution (e.g., institution population or usage demand).

(e) Exception. The Warden may allow the placement of collect calls

for good cause. Examples of good cause include, but are not limited to,

inmates who are new arrivals to the institution, including new

commitments and transfers; inmates confined at Metropolitan Correctional

Centers, Metropolitan Detention Centers, or Federal Detention Centers;

pretrial inmates; inmates in holdover status; inmates who are without

funds (see Sec. 540.105(b)); and in cases of family emergencies.

[59 FR 15824, Apr. 4, 1994]

Sec. 540.102 Monitoring of inmate telephone calls.

The Warden shall establish procedures that enable monitoring of

telephone conversations on any telephone located within the institution,

said monitoring to be done to preserve the security and orderly

management of the institution and to protect the public. The Warden must

provide notice to the inmate of the potential for monitoring. Staff may

not monitor an inmate's properly placed call to an attorney. The Warden

shall notify an inmate of the proper procedures to have

[Page 467]

an unmonitored telephone conversation with an attorney.

[48 FR 24622, June 1, 1983. Redesignated at 59 FR 15824, Apr. 4, 1994]

Sec. 540.103 Inmate telephone calls to attorneys.

The Warden may not apply frequency limitations on inmate telephone

calls to attorneys when the inmate demonstrates that communication with

attorneys by correspondence, visiting, or normal telephone use is not

adequate.

[44 FR 38249, June 29, 1979. Redesignated at 59 FR 15824, Apr. 4, 1994]

Sec. 540.104 Responsibility for inmate misuse of telephones.

The inmate is responsible for any misuse of the telephone. The

Warden shall refer incidents of unlawful inmate telephone use to law

enforcement authorities. The Warden shall advise an inmate that

violation of the institution's telephone regulations may result in

institutional disciplinary action (See part 541, subpart B).

[44 FR 38249, June 29, 1979. Redesignated at 59 FR 15824, Apr. 4, 1994]

Sec. 540.105 Expenses of inmate telephone use.

(a) An inmate is responsible for the expenses of inmate telephone

use. Such expenses may include a fee for replacement of an inmate's

telephone access code that is used in an institution which has

implemented debit billing for inmate telephone calls. Each inmate is

responsible for staying aware of his or her account balance through the

automated process provided by the system. Third party billing and

electronic transfer of a call to a third party are prohibited.

(b) The Warden shall provide at least one collect call each month

for an inmate who is without funds. An inmate without funds is defined

as an inmate who has not had a trust fund account balance of $6.00 for

the past 30 days. The Warden may increase the number of collect calls

based upon local institution conditions (e.g., institution population,

staff resources, and usage demand). To prevent abuses of this provision

(e.g., inmate shows a pattern of depleting his or her commissary funds

prior to placing collect calls), the Warden may impose restrictions on

the provisions of this paragraph (b).

(d) The Warden may direct the government to bear the expense of

inmate telephone use or allow a call to be made collect under compelling

circumstances such as when an inmate has lost contact with his family or

has a family emergency.

[59 FR 15824, Apr. 4, 1994, as amended at 60 FR 240, Jan. 3, 1995; 61 FR

90, Jan. 2, 1996]