[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR541.14]



[Page 597]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

 

PART 541_INMATE DISCIPLINE AND SPECIAL HOUSING UNITS--Table of Contents

 

          Subpart B_Inmate Discipline and Special Housing Units

 

Sec.  541.14  Incident report and investigation.



    (a) Incident report. The Bureau of Prisons encourages informal 

resolution (requiring consent of both parties) of incidents involving 

violations of Bureau regulations. However, when staff witnesses or has a 

reasonable belief that a violation of Bureau regulations has been 

committed by an inmate, and when staff considers informal resolution of 

the incident inappropriate or unsuccessful, staff shall prepare an 

Incident Report and promptly forward it to the appropriate Lieutenant. 

Except for prohibited acts in the Greatest or High Severity Category, 

the Lieutenant may informally dispose of the Incident Report or forward 

the Incident Report for investigation consistent with this section. The 

Lieutenant shall expunge the inmate's file of the Incident Report if 

informal resolution is accomplished. Only the DHO may make a final 

disposition on a prohibited act in the Greatest Severity Category or on 

a prohibited act in the High Category (when the High Category prohibited 

act has been committed by a VCCLEA inmate rated as violent or by a PLRA 

inmate).

    (b) Investigation. Staff shall conduct the investigation promptly 

unless circumstances beyond the control of the investigator intervene.

    (1) When it appears likely that the incident may be the subject of 

criminal prosecution, the investigating officer shall suspend the 

investigation, and staff may not question the inmate until the Federal 

Bureau of Investigation or other investigative agency interviews have 

been completed or until the agency responsible for the criminal 

investigation advises that staff questioning may occur.

    (2) The inmate may receive a copy of the Incident Report prior to 

being seen by the investigating agency. The investigating officer 

(Bureau of Prisons) shall give the inmate a copy of the Incident Report 

at the beginning of the investigation, unless there is good cause for 

delivery at a later date, such as absence of the inmate from the 

institution or a medical condition which argues against delivery. If the 

investigation is delayed for any reason, any employee may deliver the 

charge(s) to the inmate. The staff member shall note the date and time 

the inmate received a copy of the Incident Report. The investigator 

shall also read the charge(s) to the inmate and ask for the inmate's 

statement concerning the incident unless it appears likely that the 

incident may be the subject of criminal prosecution. The investigator 

shall advise the inmate of the right to remain silent at all stages of 

the disciplinary process but that the inmate's silence may be used to 

draw an adverse inference against the inmate at any stage of the 

institutional disciplinary process. The investigator shall also inform 

the inmate that the inmate's silence alone may not be used to support a 

finding that the inmate has committed a prohibited act. The investigator 

shall then thoroughly investigate the incident. The investigator shall 

record all steps and actions taken on the Incident Report and forward 

all relevant material to the staff holding the initial hearing. The 

inmate does not receive a copy of the investigation. However, if the 

case is ultimately forwarded to the Discipline Hearing Officer, the DHO 

shall give a copy of the investigation and other relevant materials to 

the inmate's staff representative for use in presentation on the 

inmate's behalf.



[53 FR 197, Jan. 5, 1988, as amended at 62 FR 50791, Sept. 26, 1997]