Special Management Units

PS 5217.02 (8/9/2016) · Official PDF on bop.gov →

Fair warning: this one is outside my firsthand lane. I did camp and low-security time; the Special Management Unit is the deep end of the system and I never lived it. It's annotated here because families hear the term and imagine either nothing or the worst. What it actually is: a roughly year-long, tightly restricted program, mostly for gang-tied or seriously disruptive inmates, with real process on the way in and a defined ladder out. For most first-time nonviolent cases it will never come up.

SECTION 1: PURPOSE AND SCOPE (EXCERPT)

To provide guidance and procedures for operating Special Management Units (SMU). Some inmates present unique security and management concerns. Accordingly, the Bureau of Prisons (Bureau) designates inmates to SMUs, where enhanced management is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public.

SMU designation is non-punitive, and may be appropriate for any inmate meeting the referral criteria in Section 2 below. Conditions of confinement for SMU inmates are more restrictive than for general population inmates, and are described in Section 5. Inmates are expected to complete the SMU program in approximately 12 months, at which time they may be redesignated to a general population or to another appropriate facility.

a. Summary of Changes

Policy Rescinded P5217.01 Special Management Units (11/19/08)

■ Purpose and Scope reflects that inmates are expected to complete the SMU program in approximately 12 months. ■ Program Objectives added that inmates who successfully progress through the SMU program will be redesignated to a general population or another appropriate facility. ■ The referral criteria now reflect that inmates must have at least 24 months left on their sentence. ■ Referral procedures reflect that when considering designation criteria, inmates from lower security institutions will be considered for designation to a higher security facility prior to recommending SMU placement. The referring institution will take into consideration any current medical assessment/treatment prior to recommending the referral. ■ The referral packet consists of a completed Request for Transfer/Application of Management Variable (EMS-A409), copies of pertinent Special Investigative Supervisor reports and incident reports, a psychological/medical evaluation, and a cover memorandum to the Warden summarizing the rationale for referral for SMU designation.

SECTION 2: REFERRAL CRITERIA (EXCERPT)

Designation to a SMU may be considered for any sentenced inmate whose interaction requires greater management to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public, because the inmate meets any of the following criteria:

■ Participated in disruptive geographical group/gang-related activity. ■ Had a leadership role in disruptive geographical group/gang-related activity. ■ Has a history of serious or disruptive disciplinary infractions. ■ Committed any 100-level prohibited act, according to 28 CFR part 541, after being classified as a member of a Disruptive Group pursuant to 28 CFR part 524. ■ Participated in, organized, or facilitated any group misconduct that adversely affected the orderly operation of a correctional facility. ■ Otherwise participated in or was associated with activity such that greater management of the inmate’s interaction with other persons is necessary to ensure the safety, security, or orderly operation of Bureau facilities, or protection of the public.

The inmate must have at least 24 months left on his/her sentence.

SECTION 3: REFERRAL PROCEDURES (EXCERPT)

b. Hearing. If the Regional Director determines that sufficient evidence exists to convene a hearing, a copy of the referral is sent to the Psychology Services Branch. Psychology Services reviews the inmate’s mental health record to determine if there are mental health concerns that would preclude an inmate from being placed in a SMU. Please see the Program Statement Treatment and Care of Inmates with Mental Illness, when considering to place inmates with a serious mental health illness in the SMU. If there is no evidence to preclude a hearing, the Regional Director appoints a Hearing Administrator to conduct a hearing into whether the inmate meets the criteria for SMU designation. The Hearing Administrator will be trained and certified as a Discipline Hearing Officer, will be an impartial decision-maker, and will not be personally involved as a witness or victim in any relevant disciplinary action involving that inmate.

The Warden is notified of the Regional Director’s decision to conduct a hearing before the inmate is provided pre-hearing notice. The inmate’s security needs will be assessed and staff made aware of any additional security precautions.

(1) Pre-Hearing Notice. The Hearing Administrator completes form BP-A0935, Notice to Inmate: Hearing Referral for Designation to a Special Management Unit, and sends it to the inmate’s current institution. Unit team staff provide the inmate with a copy of the Notice at least 24 hours before the hearing, and document delivery to the inmate. If the inmate is illiterate, the delivering staff member will read the notice verbatim. If the inmate does not speak English, the Unit Team staff make arrangements to provide translation.

The Notice will:

■ Advise the inmate of the date and time of the hearing. ■ Advise the inmate of the opportunity to appear at the hearing. ■ Provide a sufficiently detailed explanation of the reasons for the referral. Such explanation will not include information that would jeopardize the safety, security, or orderly operation of correctional facilities, or protection of the public. ■ Inform the inmate that a non-probationary staff member will be available to help him/her compile documentary evidence and written witness statements to present at the hearing. The assisting staff member’s responsibility in this role is limited to assisting the inmate in obtaining copies of documents needed, for example, from his/her central file or other reasonably available source(s), or a written statement(s) from other reasonably available inmates or staff.

Inmate Appearance and Evidence. The inmate has the opportunity to appear at the hearing, make an oral statement, and present documentary evidence and written witness statements, except where contrary to the safety, security, or orderly operation of Bureau facilities, or protection of the public. The Hearing Administrator, after consultation with staff at the facility where the inmate is housed, will determine whether the inmate appears at the hearing via videoconference, telephone conference, or in person. The Warden or designee determines the location of the hearing.

d. Post-Decision Notice and Appeal. The inmate’s copy of the completed Report is sent to the referring Warden, who ensures delivery to the inmate. The Report advises the inmate of the opportunity to appeal the decision and the Hearing Administrator’s findings through the Administrative Remedy Program, directly to the Office of General Counsel.

An inmate’s appeal of the decision or the Hearing Administrator’s findings does not delay designation and transfer to a SMU. Designation and transfer are effected; the inmate may proceed with the appeal while housed in the SMU.

e. Mental Health Removal. An inmate in SMU may be removed if it becomes clear the inmate’s mental health does not reasonably allow him/her to complete the program. The recommendation is forwarded to the Administrator, Psychology Services Branch, Central Office. If approved, the Psychology Administrator notifies the Warden (refer to the Program Statement Treatment and Care of Inmates With Mental Illness).

SECTION 5: CONDITIONS OF CONFINEMENT (EXCERPT)

(5) Personal Hygiene. Inmates have access to a washbasin and toilet. Inmates receive necessary personal hygiene items. Inmates have the opportunity to shower and shave at least three times per week. Inmates have access to necessary hair care services.

(6) Meals. Inmates receive nutritionally adequate meals and may be required to eat all meals in their living quarters.

(7) Recreation. Inmates have the opportunity to exercise outside their individual quarters for at least five hours per week, ordinarily in one-hour periods on different days.

The Warden may deny these exercise periods for up to one week at a time if it is determined that an inmate’s recreation itself jeopardizes the safety, security, or orderly operation of the institution. However, recreation conditions specified here may not otherwise be limited, even as part of a disciplinary sanction imposed under 28 CFR part 541.

(8) Personal Property. Inmates may have reasonable amounts of personal property. Personal property may be limited for reasons of fire safety, sanitation, or available space.

(9) Commissary. Inmates have access to the commissary, as determined by the Warden.

(10) Visits. Inmates may receive visitors in accordance with 28 CFR part 540. Inmates may be provided non-contact visits, through the use of videoconferencing or other technology.

(11) Correspondence and Telephone Use. Inmates may correspond with persons in the community and use the telephone in accordance with 28 CFR part 540 and this Program Statement. However, to deter and detect continued involvement in disruptive behavior, correspondence and telephone use are subject to monitoring and analysis for intelligence purposes. Special mail and unmonitored attorney telephone calls are handled in accordance with 28 CFR part 540.

Telephone calls are live-monitored where feasible. If live monitoring is not feasible, calls are normally reviewed within 24 hours. If the call is in a language other than English, it is submitted for translation. The translated call summary is analyzed for intelligence purposes. Inmates may use the telephone a minimum of two completed calls per month, unless telephone restrictions have been imposed pursuant to 28 CFR part 541, and may be increased as they progress through the levels of the program.

Correspondence that is prepared in a language other than English will either be directly translated or submitted to the SIS office for translation. All correspondence is analyzed for intelligence purposes before mailing out of the institution and before being delivered to the inmate.

SECTION 6: PROGRAM STRUCTURE AND REVIEWS (EXCERPT)

SMUs consist of three program levels, differentiated by the conditions of confinement and expected time frames for completion, as described below. Completion of all levels is expected within 9 to 13 months.

Level Expected Level Completion Time SMU Reviews

One 6-8 Months Initially within 28 days, no less than every 90 days

Two 2-3 Months No less than every 90 days

Three 1-2 Months

Inmates currently housed in the SMU as of August 9, 2016, or prior to the effective date of this policy will be individually assessed using form BP-A0949, Special Management Review Report, to determine their level in the SMU Program according to the provisions of this Program Statement. The inmate’s ability to maintain clear conduct, successful participation in SMU programming, and efforts at positive interaction with staff and other inmates will be considered in making these assessments. For inmates currently housed in the SMU as of August 9, 2016, or prior to the effective date of this policy, their time in the SMU may be more than 24 consecutive months depending on their level in the SMU program.

a. Level One

Inmate Interaction. At this level, interaction between inmates is minimal (for example, shower, recreation, programming). Inmates will normally be restricted to their assigned cells.

Admission and Orientation. Inmates will participate in an institution and unit admission and orientation (A&O) program, as outlined in the Program Statement Admission and Orientation Program. The goal of the SMU A&O program is to provide inmates with information regarding institution operations, program availability, and the requirements for successful progression through each of the three levels of the program. A&O may be conducted through in-cell programming, using radio programs or other available technology.

Programming. Initial programming assessment will occur within the first 28 days of an inmate’s arrival at the SMU. Institution and SMU staff interact with each inmate on an individual basis to:

■ Assess the inmate’s program and counseling needs. ■ Discuss SMU program objectives/expectations. ■ Establish a set of program goals based on the inmate’s individual needs and the programming available within the unit. ■ Communicate requirements of the SMU program, including the expectations the inmate must meet before he/she will be considered for a general population institution.

Inmates will continue their involvement in GED or ESL, either individually or in a classroom setting. Initially during this level, inmates may be involved in programs on a self-study basis.

Property. Inmates will have limited personal property, as determined by the Warden through the Institution Supplement.

Source: PS 5217.02 (8/9/2016), bop.gov/policy/progstat/5217_02.pdf. U.S. government work, public domain. Excerpts only; the official PDF controls.

Straight up: this is outside my lane. I did camp and low-security time; a Special Management Unit is a highly restrictive program at the deep end of the system, and I never lived it. So take this as a plain read of the policy, not firsthand. What it is: the SMU is a roughly year-long, tightly controlled program for inmates the Bureau considers serious management problems, usually tied to gang activity or major disciplinary history. The BOP calls it 'non-punitive,' meaning technically it's a management tool, not a punishment, though the conditions are heavy. For most first-time nonviolent people, this will never come up. It's here so families understand what it is if they ever hear the term.

There's a check built in: before sending someone from a lower-security spot to an SMU, staff are supposed to consider just moving them to a higher-security prison first. So the SMU is meant to be a last resort for management, not the first lever pulled. If a regular transfer to a tougher facility would solve it, that's supposed to come first.

Who ends up here: mostly people tied to gang or 'disruptive group' activity, or with a record of serious institutional misconduct, riots, group violence, that kind of thing. It's not for ordinary rule-breaking. And you need at least 24 months left to serve, since the program itself runs about a year. This is the far end of the disciplinary world, not something that flows from a typical shot or a bad day.

You don't get thrown into an SMU without process. There's a hearing before a neutral officer (one not involved in your case), you get at least 24 hours' notice in writing, and a staff member is assigned to help you gather documents and witness statements. If someone can't read or doesn't speak English, staff have to read the notice or arrange translation. So there are real procedural protections here, even though the reasons behind the referral can be partly withheld for security.

You can show up to your own hearing, speak, and put on evidence. It might be by video or phone rather than in person, but you get a voice. This matters because an SMU designation can shape years of someone's time, so the chance to contest it is meaningful.

You can appeal an SMU designation, and notably it goes straight to the top (the Office of General Counsel), skipping the usual lower rungs. But here's the hard part for families: appealing does NOT stop the transfer. They move the person to the SMU first, and the appeal plays out while they're already there. So the fight happens after the fact, not before.

If someone's mental health means they genuinely can't handle or complete the program, there's a path to pull them out, decided at the Central Office level by Psychology Services. A copy of every referral also gets screened by Psychology up front to catch serious mental illness before placement. It's an imperfect safeguard, but the policy does recognize that this environment isn't appropriate for everyone.

The daily reality, so families aren't left imagining the worst or fooling themselves: it's restrictive. Out-of-cell exercise is a minimum of five hours a week (roughly an hour a day, not every day), showers at least three times a week, and meals are often eaten in the cell. This is a locked-down existence. It's more structured than the SHU (solitary) because it's a program with an endpoint, but it's a long way from general population life.

Contact with the outside is tight and heavily watched. Phone access starts at a minimum of just two calls a month and grows as the person advances through the program. Mail and calls are monitored and analyzed for intelligence, more scrutiny than normal. The one thing that stays protected: legal mail and attorney calls keep their usual confidentiality. So a family should expect sparse phone contact early on, and that it improves with good progress.

The program is a three-level ladder, and conditions loosen as you climb. Level One (the most locked-down, 6 to 8 months) is where you start, then Two (2 to 3 months), then Three (1 to 2 months) with the most freedom, before being sent back to a general-population prison. Total is usually 9 to 13 months. The whole point is progression: clear conduct and participation move you up and out. It's designed to end, not to be indefinite, which is the key thing to hold onto if a loved one is facing it.

It isn't just warehousing. There's programming, GED and English classes, cognitive and counseling work aimed at 'criminal thinking' and coping skills, and each person gets goals they have to meet to advance. Getting out of the SMU and back to normal prison depends on doing the work and staying clean. So the path forward is concrete: meet the expectations, progress through the levels. For someone facing this, that structure is the thing to focus on.

Need help with this? Just ask.

These pages cover the general rules. Your situation has details they don't. Email me a question. Answers are free, and "you don't need to pay anyone for this" is my most common answer.

josh@federalprisondude.com

I answer in the order received, usually within a couple of days. I have a day job. If your situation genuinely needs more than an email, I take a limited number of consults, so say so and we'll work it out.

Pass it on

If this helped, it'll help someone else's family too.