EFTA00036006.pdf

U.S. Department of Justice
Federal Bureau of Prisons
PROGRAM REVIEW DIVISION
Washington. DC 20534
March 21, 2025
MEMORANDUM FOR
ASSISTANT INSPECTOR GENERAL
INVESTIGATIONS DIVISION
FROM: Supervisory Attorney
External Auditing Branch
SUBJECT: Status Update to the Office of Inspector General's (OIG)
Final Report dated June 26, 2023: Investigation and Review of the Federal
Bureau of Prisons' Custody, Care, and Supervision of Jeffrey Epstein at the
Metropolitan Correctional Center in New York, New York
The Federal Bureau of Prisons (FBOP or Bureau) appreciates the opportunity to provide a response to
the Office of the Inspector General's above referenced memorandum received on December 22, 2024.
The Bureau has completed its review of the analysis and offers the following status update regarding
the analysis and its recommendations.
Recommendation One: The BOP should implement a process for assigning a cellmate
following suicide watch or psychological observation, with criteria for exceptions based on
the particular individual or security considerations.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described
revisions it is making to Program Statement 5321.09 to address the recommendation. The BOP has
indicated that these revisions must follow the normal BOP development and Union negotiation
process. Accordingly, the OIG will consider whether to close this recommendation after the BOP (1)
finalizes policy revisions referenced in its update, and (2) provides the finalized policy to the OIG for
review.
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FBOP Response: As indicated in OIG's analysis of the Bureau's previous status update, the
Bureau is in the process of revising Program Statement 5321.09, Unit Management and Inmate
Program Review, to address the recommendation, and has indicated that these revisions must
follow the normal policy development and Union negotiation process. Because revisions to
Program Statements must follow the normal Bureau development and Union negotiation process,
they are subject to change. The Bureau will provide further updates as they become available.
Recommendation Two: The BOP should establish procedures to ensure inmates at high
risk for suicide and for whom a cellmate is recommended will continue to have a cellmate
until the recommendation is changed or rescinded, including establishing a contingency
plan for cellmate re-assignment, with criteria for exceptions based on the particular
individual or security considerations.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described
revisions it is making to Program Statement 5321.09 to address the recommendation. The BOP
has indicated that these revisions must follow the normal BOP development and Union
negotiation process. Accordingly, the OIG will consider whether to close this recommendation
after the BOP (1) finalizes policy revisions referenced in its update, and (2) provides the
finalized policy to the OIG for review.
FBOP Response: Please see the Bureau's status update to Recommendation One, above.
Recommendation Three: The BOP should evaluate its current process for obtaining and
documenting approval for social or legal visits while an inmate is on suicide watch or
psychological observation, which allows for institution-specific variations in the process,
and provide guidance on standard components that each institution should include in its
process to mitigate security issues that can arise when an inmate is on suicide watch or
psychological observation.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described
revisions it is making to Program Statement 5324.08 to address the recommendation. The BOP
has indicated that these revisions must follow the normal BOP development and Union
negotiation process. Accordingly, the OIG will consider whether to close this recommendation
after the BOP (1) finalizes policy revisions referenced in its update, and (2) provides the
finalized policy to the OIG for review.
FBOP Response: As indicated in OIG's analysis of the Bureau's previous status update, the
Bureau is in the process of revising Program Statement 5324.08, Suicide Prevention Program, to
address the recommendation, and has indicated that these revisions must follow the normal
policy development and Union negotiation process. Because revisions to Program Statements
must follow the normal Bureau development and Union negotiation process, they are subject to
change. The Bureau will provide further updates as they become available.
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Recommendation Four: The BOP should evaluate its methods of accounting for inmate
whereabouts and wellbeing and make changes as may be appropriate to improve those
methods through policy, training, or other measures.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described
revisions it is making to Program Statement 5500.14 to address the recommendation. The BOP
has indicated that these revisions must follow the normal BOP development and Union
negotiation process. Accordingly, the OIG will consider whether to close this recommendation
after the BOP (1) finalizes the policy revisions referenced in its update; and (2) provides the
finalized program statement to the OIG for review.
FBOP Response: As indicated in OIG's analysis of Bureau's previous status update, the Bureau
is in the process of revising Program Statement 5500.14, Correctional Services Procedures
Manual, to address the recommendation, and has indicated that these revisions must follow the
normal policy development and Union negotiation process. Because revisions to Program
Statements must follow the normal Bureau development and Union negotiation process, they are
subject to change. The Bureau will provide further updates as they become available.
Recommendation Five: BOP policy should clarify what is required of a Lieutenant when
conducting a round.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described
revisions it is making to Program Statement 5500.14 to address the recommendation. The BOP
also previously indicated that the policy revisions will require Lieutenants to conduct training
sessions that allow for individual assessment and training regarding conducting rounds to be
tailored to the needs of each individual facility. The BOP has indicated that these revisions must
follow the normal BOP development and Union negotiation process. Accordingly, the OIG will
consider whether to close this recommendation after the BOP (I) finalizes the policy revisions
referenced in its update; and (2) provides the finalized program statement to the OIG for review.
FBOP Response: Please see the Bureau's status update to Recommendation Four, above.
Recommendation Six: The BOP should continue to develop and implement plans to
address staffing shortages at its prisons.
OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has reported
that it has implemented the staffing tool for all professions, but that it is still working on several
other initiatives regarding staffing, including analyzing the agency's usage and effectiveness of
both recruitment and retention incentives, analyzing whether the new incentives and nation-wide
direct hire authority mentioned in its update above have made an impact on the staffing shortage,
and establishing a nationwide special salary rate for institution positions. The OIG will continue
to monitor the BOP's progress regarding staffing shortages at its prisons. In addition, per the
OIG's communications with the BOP, we believe that certain information that the BOP has
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provided or will provide to Congress and the Government Accountability Office (GAO) will
facilitate the resolution and closure of this recommendation. Accordingly, we will consider
whether to close this recommendation after the BOP (1) provides the OIG any additional
contractor and BOP work product that has been submitted to the GAO in response to the GAO
Staffing Audit recommendations,; (2) provides the OIG an update on the contractor's or BOP's
analysis of staffing incentives since March 2023, whether submitted yet to GAO or not; (3)
provides the OIG any additional reports submitted to Congressional appropriation committees
related to staffing; and (4) provides the OIG with an update on the salary proposal submitted to
OPM, including whether OPM has approved or disapproved of the pay table proposals.
FBOP Response: O1O indicates that it will consider whether to close this recommendation after
the Bureau:
1. Provides any additional contractor and BOP work product that has been submitted
to the GAO in response to the GAO Staffing Audit recommendations.
Please see the Bureau's response to GAO's staffing audit recommendations (attachment "Rec 6
GAO Staffing Audit response").
2. Provides an update on the contractor's or BOP's analysis of staffing incentives since
March 2023, whether submitted yet to GAO or not.
Following GAO's recommendation, the Bureau developed four goals: 1) Increase overall
employee retention by 5% compared to historical retention rate; 2) Increase Correctional Officer
retention by 10% compared to historical retention rate; 3) Increase New Hire retention by 10%
compared to historical retention rate; and 4) Increase Nurse Practitioner retention by 10%
compared to historical retention rate. These goals were developed based on the Bureau's most
pressing needs and high-risk positions and were formalized in the 2023 Bureau Incentives
Playbook. Additionally, to provide a holistic understanding of the effectiveness of the Bureau's
incentives usage, an assessment of FY2024 local awards and incentives was conducted after
tracking this information for a full year and collecting local awards data across all Bureau
institutions. The report details monetary awards spending, time off hours awarded, and
recruitment and referral awards distributed at the local level.
Based on the analysis, the Bureau has begun to achieve the four identified goals. Between
FY2023 and FY2024, the Bureau saw notable improvement in overall employee retention rates,
increasing from 90.7% in FY2023 to 93.9% in FY2024, an increase of 3.2%. For Correctional
Officers specifically, the position saw a retention rate increase of 3.9%, from 91.8% in FY2023
to 95.7% in FY2024. Additionally, Nurse Practitioners retention increased by 6.2%, from 85.8%
in FY2023 to 92% in FY2024. Additional data is pending to review whether the Bureau is
meeting its goal for New Hires.
Due to budgetary constraints, the Bureau is reducing or eliminating our use of incentives
effective March 23, 2025.
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3. Provides any additional reports submitted to Congressional appropriation
committees related to staffing.
The Bureau has no further information to provide regarding reports submitted to Congressional
appropriation committees related to staffing. However, the Bureau's funding proposal seeks
$1,000,730,000 over the next five years to cover Special Salary Rates for the Bureau's current
authorized levels of corrections officers and covered nurses; and an increase of 4,500
Correctional Officer positions and 200 nurses along with $1,570,000,000 to fund those positions.
The increase in positions is based on projections from the newly launched Automated Staffing
Tool.
4. Provides an update on the salary proposal submitted to OPM, including whether
OPM has approved or disapproved of the pay table proposals.
The Bureau has not received any updates nor been advised of any adjudications related to the
submitted Special Salary Requests for Correctional Officers and Nurses. Both requests are still
under OPM review and pending an outcome. The Bureau will continue to evaluate and submit
special salary rate requests during the annual OPM data call for individual institution and
positions; however, no additional nationwide proposals are being considered at this time.
Recommendation Eight: The BOP should enhance existing policies regarding institutional
security camera systems to ensure they specifically state that such systems must have the
capacity to record video and that BOP institutions must conduct regular security camera
system functionality checks.
OIG Analysis: The BOP's update is responsive to the recommendation. The OIG reviewed the
BOP's new Security Camera Monthly Report and appreciates the progress the BOP has made in
creating this form and instituting the new monthly reporting process. Accordingly, the OIG will
consider whether to close this recommendation after the BOP (I) finalizes the policy updates
referenced in its update; and (2) provides the finalized policies to the OIG for review.
FBOP Response: As indicated in the previous status update, Program Statements 5500.14,
Correctional Services Procedures Manual, and 4200.12, Facilities Operations Manual, are being
modified to include protocols and ensure accountability regarding various aspects of the
Bureau's camera systems, including but not limited to functionality, documentation, and repair.
Because revisions to Program Statements must follow the normal development and Union
negotiation process, they are subject to change. The Bureau will provide further updates as they
become available.
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