[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR501.3]

[Page 470-472]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE
 
PART 501--SCOPE OF RULES--Table of Contents
 
Sec. 501.3  Prevention of acts of violence and terrorism.

    (a) Upon direction of the Attorney General, the Director, Bureau of 
Prisons, may authorize the Warden to implement special administrative 
measures that are reasonably necessary to protect persons against the 
risk of death or serious bodily injury. These procedures may be 
implemented upon written notification to the Director, Bureau of 
Prisons, by the Attorney General or, at the Attorney General's 
direction, by the head of a federal law enforcement agency, or the head 
of a member agency of the United States intelligence community, that 
there is a substantial risk that a prisoner's communications or contacts 
with persons could result in death or serious bodily injury to persons, 
or substantial damage to property that would entail the risk of death or 
serious bodily injury to persons. These special administrative

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measures ordinarily may include housing the inmate in administrative 
detention and/or limiting certain privileges, including, but not limited 
to, correspondence, visiting, interviews with representatives of the 
news media, and use of the telephone, as is reasonably necessary to 
protect persons against the risk of acts of violence or terrorism. The 
authority of the Director under this paragraph may not be delegated 
below the level of Acting Director.
    (b) Designated staff shall provide to the affected inmate, as soon 
as practicable, written notification of the restrictions imposed and the 
basis for these restrictions. The notice's statement as to the basis may 
be limited in the interest of prison security or safety or to protect 
against acts of violence or terrorism. The inmate shall sign for and 
receive a copy of the notification.
    (c) Initial placement of an inmate in administrative detention and/
or any limitation of the inmate's privileges in accordance with 
paragraph (a) of this section may be imposed for up to 120 days or, with 
the approval of the Attorney General, a longer period of time not to 
exceed one year. Special restrictions imposed in accordance with 
paragraph (a) of this section may be extended thereafter by the 
Director, Bureau of Prisons, in increments not to exceed one year, upon 
receipt by the Director of an additional written notification from the 
Attorney General, or, at the Attorney General's direction, from the head 
of a federal law enforcement agency or the head of a member agency of 
the United States intelligence community, that there continues to be a 
substantial risk that the inmate's communications or contacts with other 
persons could result in death or serious bodily injury to persons, or 
substantial damage to property that would entail the risk of death or 
serious bodily injury to persons. The authority of the Director under 
this paragraph may not be delegated below the level of Acting Director.
    (d) In any case where the Attorney General specifically so orders, 
based on information from the head of a federal law enforcement or 
intelligence agency that reasonable suspicion exists to believe that a 
particular inmate may use communications with attorneys or their agents 
to further or facilitate acts of terrorism, the Director, Bureau of 
Prisons, shall, in addition to the special administrative measures 
imposed under paragraph (a) of this section, provide appropriate 
procedures for the monitoring or review of communications between that 
inmate and attorneys or attorneys' agents who are traditionally covered 
by the attorney-client privilege, for the purpose of deterring future 
acts that could result in death or serious bodily injury to persons, or 
substantial damage to property that would entail the risk of death or 
serious bodily injury to persons.
    (1) The certification by the Attorney General under this paragraph 
(d) shall be in addition to any findings or determinations relating to 
the need for the imposition of other special administrative measures as 
provided in paragraph (a) of this section, but may be incorporated into 
the same document.
    (2) Except in the case of prior court authorization, the Director, 
Bureau of Prisons, shall provide written notice to the inmate and to the 
attorneys involved, prior to the initiation of any monitoring or review 
under this paragraph (d). The notice shall explain:
    (i) That, notwithstanding the provisions of part 540 of this chapter 
or other rules, all communications between the inmate and attorneys may 
be monitored, to the extent determined to be reasonably necessary for 
the purpose of deterring future acts of violence or terrorism;
    (ii) That communications between the inmate and attorneys or their 
agents are not protected by the attorney-client privilege if they would 
facilitate criminal acts or a conspiracy to commit criminal acts, or if 
those communications are not related to the seeking or providing of 
legal advice.
    (3) The Director, Bureau of Prisons, with the approval of the 
Assistant Attorney General for the Criminal Division, shall employ 
appropriate procedures to ensure that all attorney-client communications 
are reviewed for privilege claims and that any properly privileged 
materials (including, but not limited to, recordings of privileged 
communications) are not retained during the course of the monitoring. To

[[Page 472]]

protect the attorney-client privilege and to ensure that the 
investigation is not compromised by exposure to privileged material 
relating to the investigation or to defense strategy, a privilege team 
shall be designated, consisting of individuals not involved in the 
underlying investigation. The monitoring shall be conducted pursuant to 
procedures designed to minimize the intrusion into privileged material 
or conversations. Except in cases where the person in charge of the 
privilege team determines that acts of violence or terrorism are 
imminent, the privilege team shall not disclose any information unless 
and until such disclosure has been approved by a federal judge.
    (e) The affected inmate may seek review of any special restrictions 
imposed in accordance with paragraph (a) of this section through the 
Administrative Remedy Program, 28 CFR part 542.
    (f) Other appropriate officials of the Department of Justice having 
custody of persons for whom special administrative measures are required 
may exercise the same authorities under this section as the Director of 
the Bureau of Prisons and the Warden.

[62 FR 33732, June 20, 1997, as amended at 66 FR 55065, Oct. 31, 2001]