[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
[[Page 471]]
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]