PS 5381.05 INMATE ORGANIZATIONS
OPI:
FPI
NUMBER: 5381.05
DATE: 2/13/2001
SUBJECT: Inmate
Organizations
[Bracketed Bold - Rules]
Regular Type -
Implementing Information
1. [PURPOSE AND SCOPE § 551.30. The Bureau of
Prisons permits inmates and persons in the community to participate in approved
inmate organizations for recreational, social, civic and benevolent
purposes.]
An organization which has inmate membership and which
performs, or may perform, an activity or function related to a federal
institution is considered an inmate organization. An inmate organization may
include persons from the community.
This Program Statement establishes
the basic procedures concerning the establishment, regulation, and operation of
inmate organizations and provides a uniform system whereby all organizations of
this type will operate within a similar framework of administrative and
financial management. These instructions apply to all inmate organizations
(e.g., social, civic, etc.).
The procedures as outlined in the
following sections must be followed. An Institution Supplement is to be issued
to implement this Program Statement at those institutions operating an inmate
organization (see Section 15).
2. SUMMARY OF CHANGES. This revision
updates the Standards Referenced section and Management Responsibility
section. Guidelines on the appropriate use of Trust Fund profits for
inmate activities is removed from this policy since they are referenced in the
Trust Fund/Warehouse/Laundry Manual.
Accountability For Accumulated
Funds is removed and clarification on non-expendable purchases by the Trust Fund
and the elimination of fund raising activities is added to this policy.
Editorial and format changes as required by current Bureau policy are
made.
3. PROGRAM OBJECTIVES. The expected results of this program
are:
a. The inmate will be provided recreational, social, civic, and
benevolent benefits through inmate organizations.
b. The activities of
each inmate organization will be monitored and regulated by designated
staff.
c. Each inmate organization will abide by Bureau policy and
maintain accurate records or be subject to sanction or dissolution.
4.
DIRECTIVES AFFECTED
a. Directive Rescinded
PS 5381.04 Inmate
Organizations (3/19/96)
b. Directives Referenced
PS 4500.04 Trust
Fund/Warehouse/Laundry Manual (12/15/95)
PS 4400.03 Property Management
Manual (2/27/96)
c. Rules cited in this Program Statement are contained
in 28 CFR 551.30-37.
5. STANDARDS REFERENCED
a. American
Correctional Association 3rd Edition Standards for Adult Correctional
Institutions: 3-4428
b. American Correctional Association Standards for
Adult Correctional Boot Camp Programs: 1-ABC-5C-06
6. [APPROVAL
OF AN ORGANIZATION § 551.31
a. An inmate must submit a request for
recognition of a proposed inmate organization to the Warden. The organization
may not become active without the Warden's approval.
b. The Warden may approve an inmate organization
upon determining that:
(1) The organization has a constitution and bylaws
duly approved by its members; the constitution and bylaws must include the
organization's purpose and objectives, the duties and responsibilities of the
officer(s), and requirements for activities reporting and operational review;
and
(2) The organization does not operate in opposition to the
security, good order, and discipline of the
institution.]
Inmates are authorized to participate in only
those organizations which the Warden has recognized and sanctioned.
7.
MANAGEMENT RESPONSIBILITIES. The Warden at each institution must ensure that
inmate organizations adhere to the requirements of this Program Statement. The
Warden is responsible for submitting an annual certification to the appropriate
Regional Director certifying that each inmate organization complies with this
Program Statement.
This certification, at a minimum, must contain those
items described in Section 8 below and note any deviations or discrepancies from
this Program Statement, along with a corrective plan of action. This
certification must be submitted by March 31 of each year.
To provide
adequate management oversight, the Warden, at his or her discretion, may
authorize official duty time to allow staff to assist inmate organizations to
fulfill the requirements of this Program Statement. Should duties concerning
inmate organizations be assigned to bargaining unit staff, the Warden must
authorize sufficient duty time to allow bargaining unit staff to fulfill the
assigned duties, with due consideration given by the employee's supervisor to
the time requirements of the assigned collateral duty.
8. [STAFF
SUPERVISION § 551.32
a. The Warden shall appoint a staff member as the
institution's Inmate Organization Manager (IOM). The IOM shall be responsible
for monitoring the activities of the institution's inmate organizations and
staff sponsors.]
(1) Each Warden will appoint an Associate Warden
(lower delegation is not authorized) as the IOM to be responsible for monitoring
the activities of inmate organizations. The Associate Warden's responsibility
will also be outlined in the Institution Supplement on Inmate
Organizations.
(2) The IOM is responsible for reviewing the information
submitted by inmate organizations and for providing written annual certification
to the Warden, no later than January 31 of each year, that the inmate
organization(s) comply with all applicable Bureau policies.
The
certification must include, at a minimum, the following:
(a) The
Institution Supplement is current;
(b) Constitution/bylaws of
organization(s) are current;
(c) Status of each organization's compliance
with policy;
(d) Summary of activities of inmate
organizations.
(3) The IOM is to review the information various inmate
organization staff sponsors submit to ensure activities are proper and
authorized and within the requirements of this Program Statement.
(4) The
IOM is to have the authority to recommend whatever administrative action is
necessary to achieve compliance with Bureau policy or program review including
sanctions as specified in Section 11.e. below.
(5) The IOM must
coordinate the inmate organizations' activities through the assigned staff
sponsor for each organization.
[b. The Warden or designee shall assign
to a staff sponsor responsibility for supervising the activities of an
individual inmate organization. The staff sponsor's duties are performed while
in official duty status.]
The staff sponsor is responsible
for:
(1) Ensuring that a file is maintained on each inmate
organization which includes:
a copy of the Institution Supplement;
a
copy of the organization's current constitution/bylaws;
certifications on the
status of the organization by the Warden;
quarterly activity
statements;
approved requests for activities and funding;
and
documentation to show any request for correcting deviations noted during
a program review or operational review and the responses from the
institution.
(2) Ensuring appropriate approvals are obtained for inmate
organization activities.
(3) Overseeing or ensuring oversight is provided
at all inmate organization activities.
(4) Coordinating the process of
requesting funds for inmate organization activities and acknowledging the
receipt of any goods and services obtained for inmate organization
activities.
(5) Ensuring that the collection and payment of dues (if
applicable) are properly processed (see Section 9 below).
(6) Ensuring
that the quarterly summary of inmate organization activities is submitted to the
IOM by the 15th of the month following the end of each quarter. The activities
report must include any problems encountered with functions of an inmate
organization and recommendations for resolution.
(7) Ensuring that an
annual operational review as noted below is conducted and any Program Review
deviations related to the inmate organization are properly
addressed.
Staff, including the sponsor, may volunteer time to work in a
capacity other than sponsor. This is to neither be part of the volunteer's
regularly prescribed duties nor be reflected in the volunteer's position
description.
(8) Staff, including the sponsor, may be invited by the
inmate organization to be guests at an upcoming event outside of their official
duty time. As guests, staff members may participate in the event as spectators,
but shall not work on regularly prescribed duties or special
assignments.
9. [DUES § 551.33. Dues may be collected if they
are required by the national organization, are collected by that same national
organization, and the rate and method of collection have been approved by the
Warden. No portion of the dues may be kept by the inmate organization for use at
the institution. The organization may not make payment of dues a requirement of
membership for an inmate who lacks funds.]
Only those dues required
by the national organization of an inmate organization (e.g., Jaycees) may be
collected. These dues must be collected from inmates using form BP-199 or BP-201
with the funds sent directly to the national organization headquarters. No
portion of the dues may be kept for use at the institution. No Trust Fund
profit-sharing funds may be used to pay organization dues.
10.
CONSTITUTION/BYLAWS
a. Each organization must have a written constitution
and a set of bylaws which have been duly approved by the membership. The
following items are to be included:
(1) General statement regarding the
purpose and objectives of the organization.
(2) Designation of an officer
of the organization who is responsible for the organization's
records.
(3) Requirement for a quarterly summary of activities of the
inmate organizations during the period. These summary statements for each
organization must be prepared to reflect the distinct activity and/or
project.
(4) Requirement for an operational review to be conducted
at least annually, by staff other than an official of the organization. This
review must use the current Bureau Program Review Guidelines for inmate
organizations and include the annual review of the Institution
Supplement.
(5) Requirement for copies of items described in Section
8.b.(6) above to be furnished to the IOM no later than the 15th day of the month
following the end of each quarter.
(6) Statement banning the inmate
organization from conducting fund-raising activities or possessing
assets.
b. The constitution/bylaws must contain the specific
requirements as listed above. Merely specifying compliance with this Program
Statement is not sufficient to guarantee knowledge of its
requirements.
11. [ORGANIZATION ACTIVITIES § 551.34
a. An
officer of the inmate organization must submit a written request for approval of
an activity to the Warden or designee. Activities include, but are not
limited to, meetings, guest speakers, sports competitions, banquets, or
community programs. Activities may not include fund-raising projects. The
request must specifically include:
(1) Name of the
organization;
(2) Nature or purpose of the activity;
(3) Date,
time, and estimated duration of the activity;
(4) Estimated
cost;
(5) Information concerning guest participation;
(6) Other
pertinent information requested by the Warden.
b. The Warden may approve
the request if the activity:
The "Warden" also includes the
designee.
(1) Does not conflict with scheduled inmate work or program
activities;
(2) Has confirmation of staff supervision;
(3) Can be
appropriately funded when applicable (see § 551.36);.]
28 CFR §
551.36 refers to Section 13 of this Program Statement.
[(4) Does not
conflict with the security, good order, and discipline of the
institution.]
The Warden or designee must have approved a written
request for any activity including meetings to be held by an inmate
organization.
This request is to include those items referenced above and
any special requirements requested by the Warden or designee which are included
as a part of the Institution Supplement. A copy of any approved inmate
organization activity request is to be maintained in the file for that
organization.
At the Warden's or designee's discretion, an annual
calendar of organization activities or events may be approved. If this method is
used, any revisions to the approved calendar would be handled in the manner
described above. A copy of the approved calendar is to then accompany any
specific funding request.
Staff on official duty time are to
supervise all scheduled activities and meetings. The organization may not hold
meetings at times which conflict with scheduled inmate work or program
activities.
[c. When an activity requires the expenditure of
government funds, the Warden ordinarily shall require reimbursement from
non-inmate participants (guests or members).]
The attendance of
guests at institution organization meetings and activities requires the Warden's
approval. Ordinarily, the Warden is to require guests to purchase a meal ticket
when attending banquets when the government incurs the cost. The government may
incur the cost only for banquets open to the general inmate population. Upon the
Warden's approval, guest meal tickets may be furnished without charge to persons
whose service to the institution is in the best interests of the government as
provided for in the Property Management Manual.
[d. Each inmate
organization shall be responsible for maintaining accurate records of its
activities.]
Inmate organizations must maintain accurate records of
the activities, requests, and approvals as outlined in this Program
Statement.
[e. The activities of an inmate organization may be
suspended temporarily due to noncompliance with Bureau policy. The IOM is
responsible for recommending the specific suspension sanction for the Warden's
approval. The inmate organization is to receive written notice of the proposed
suspension sanction and shall have the opportunity to respond to the Warden.
Continued noncompliance with Bureau policy shall result in an increase in the
severity of the suspension sanction and may include withdrawal of approval of
the organization.]
The inmate organization is to receive written
notice of such recommendation and is to have the opportunity to respond. Any
sanction taken is to be commensurate with the violation(s) detected and the
number of violations and must be approved by the Warden.
12.
[WITHDRAWAL OF APPROVAL OF AN ORGANIZATION § 551.35. The Warden may withdraw
approval of an inmate organization for reasons of the security, good order, and
discipline of the institution, or in accordance with § 551.34
(e).]
28 CFR § 551.34(e) refers to Section 11.e. of this Program
Statement.
The Warden is to provide written notification to an inmate
organization when the approval of the inmate organization is withdrawn including
the reason for the action.
13. [FUNDING § 551.36. The Bureau of
Prisons may fund approved activities of inmate organizations or organization
requests for purchase of equipment or services for all inmates subject to the
availability of designated funds.]
a. Funding of Approved Inmate
Organization Activities. The Warden may approve an inmate organization's
activity which requires funds for expenditures from available institution Trust
Fund Profit Sharing funds (funds which have been approved by the Chief, Trust
Fund Branch and allotted to the institution through the budget execution
process).
If the Warden approves a request for funds, the regular Bureau
procurement process must be used to obtain the item or services for the inmate
organization.
All non-expendable equipment purchased by Trust Fund
remains Bureau property and not the inmate organization's. Procedures for inmate
organizations to request funding are described below.
b. Requests for
Funding. If an inmate organization activity requires funding or an inmate
organization wishes to request a purchase of equipment or a service for all
inmates, a written request must accompany the activity approval request. This
written request for funding is to be specific and include all necessary details
to facilitate the procurement by the Financial Management Office.
Only those items/activities authorized by Bureau
policy may be purchased from Trust Fund Profit Sharing funds. Requests for
funding may be made by the IOM or designee to the Warden.
c. Uses
of Trust Fund Profit Sharing Funds for Inmate Activities. Trust Fund profits may
not be used for the personal benefit of individual inmates, but may be used to
provide benefit or the opportunity to benefit all inmates. Profits may not be
used to purchase items ordinarily procured from funds appropriated by Congress
for the care of prisoners.
Guidance on the appropriate use of Trust Fund
Profits for inmate activities is found in the Trust Fund/Warehouse/Laundry
Manual.
d. Review of Trust Fund Profit Use Requests. The Warden is
to refer any request for the expenditure of Trust Fund Profit Sharing funds for
any questionable inmate organization activity to the Regional Comptroller. If
the Regional Comptroller concurs, the request is to be forwarded to the Chief,
Trust Fund Branch for final determination.
Note: It is not necessary for
an institution to have an inmate organization(s) to receive funds from the Trust
Fund Profit Sharing Program. The institution will receive an appropriate
distribution which can be expended at the Warden's discretion under the general
guidelines for uses of Trust Fund profits as described in the Trust
Fund/Warehouse/Laundry Manual.
13. FUND RAISING ACTIVITIES. Inmate
organizations are not allowed to conduct fund raising activities of any type.
Any dues required by a national organization must be collected and dispersed in
accordance with Section 9 of the Program Statement. Donations to
charitable organizations by inmates shall be made in accordance with Section
14.
14. DONATIONS. Any inmate or group of inmates choosing to make a
charitable donation to an outside group must do so through the use of a form
BP-199 or BP-201.
No Trust Fund Profit Sharing funds may be used to make
these donations.
15. INSTITUTION SUPPLEMENT. An Institution Supplement
must be prepared at each institution with inmate organizations.
a.
Required Information. The Institution Supplement is to include, but is not
limited to, the following information for each organization:
(1) The name
of the approved inmate organization.
(2) The rate and method of
collecting dues, if applicable.
(3) Types of activities of the
organization.
(4) Designation of an IOM.
b. General Information.
In addition, the Institution Supplement must include at least the following
general information:
(1) Any restrictions concerning organization
activities.
(2) Process for requesting approval for inmate organization
activities and the process for requesting funds for any particular
activity.
(3) Guidance on the types of activities which may be considered
for funding from the institution's Trust Fund Profit Sharing funds.
(4)
Records required for inmate organization activities.
(5) Instructions for
staff sponsors not covered in the Program Statement.
The annual review of
the Institution Supplement will be performed during the annual operational
review referred to in Section 10.a.
/s/
Kathleen Hawk
Sawyer
Director