EFTA00035919.pdf

U.S. Department of Justice
Federal Bureau of Prisons
PROGRAM REVIEW DIVISION
Washington. DC 20534
November 19, 2024
MEMORANDUM FOR [REDACTED]
ASSISTANT INSPECTOR GENERAL
INVESTIGATIONS DIVISION
FROM: [REDACTED] Chief
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) appreciates the opportunity to provide a response to the Office
of the Inspector General's above referenced memorandum received on August 28, 2024. The FBOP
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. In a previous update, the
BOP reported that RSD and CPD were collaborating on a memo to provide guidance to the field on a
process to ensure psychologists make recommendations regarding housing, including the presence of
a cellmate, for individuals in custody following suicide watch or psychological observation. The BOP
further reported that this process will include exemptions based on individual or security
considerations. In a February 2024 update, the BOP indicated that this guidance had been drafted and
was under review. The BOP has now stated that the guidance is still under review. Accordingly, the
OIG will consider whether to close this recommendation after the BOP (1) finalizes the guidance
referenced in its update, and (2) provides the finalized guidance to the OIG for review.

FBOP Response: As indicated in FBOP's previous status update, guidance is currently in
development. FBOP has determined that the appropriate vehicle for this guidance is Program
Statement 5321.09, Unit Management and Inmate Program Review, rather than in the form of a
guidance memorandum. FBOP therefore plans to replicate in that policy the tracking process
already established for single cells in Program Statement 5270.12, Special Housing Units, but
apply it to general population. The modification to the Unit Management and Inmate Program
Review policy will prescribe a specific process for single-cell placement and tracking only if
single-cell placement in general population appears necessary, mirroring the language
pertaining to the process in the policy for SHU.
The modification to the Unit Management and Inmate Program Review policy will explain that,
if it appears necessary to single cell an individual in a general population unit during regular
working hours, the Unit Manager will contact the Captain and Chief Psychologist (or designee)
for their recommendations. If a single cell is required after hours or on weekends, the Operations
Lieutenant will contact the Captain and Chief Psychologist (or designee) telephonically for their
recommendations. Monitoring single-ceiling in the general population will be recorded on
"BP-A1121 CO Single Cell Review Form-GP" (see attachment). This form will be signed by the
Warden as soon as feasible following the placement of an individual in a single cell. These forms
will be reviewed and discussed during the weekly multidisciplinary team meetings and the
recommendations (to continue or discontinue) will be recorded by the Unit Manager in
TRUSCOPE, as a "daily log entry."
Because revisions to Programs Statements must follow the normal FBOP development and
Union negotiation process, they are subject to change. FBOP will provide further updates 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. In a previous update,
the BOP reported that RSD and CPD were collaborating on a memo to provide guidance to the
field on procedures to ensure communication regarding the requirement of a cellmate for
individuals following suicide watch or psychological observation when recommended by a
psychologist. The BOP further reported that this memo will include a procedure for exemptions
based on individual or security considerations. In a February 2024 update, the BOP indicated that
this guidance had been drafted and was under review. The BOP has now stated that the guidance
is still under review. Accordingly, the OIG will consider whether to close this recommendation
after the BOP (I) finalizes the guidance referenced in its update, and (2) provides the finalized
guidance to the OIG for review.
FBOP Response: As indicated in FBOP's previous status update, guidance is currently in
development. Further, as stated in the response to Recommendation I, above, FBOP has
determined that the appropriate vehicle for this guidance is Program Statement 5321.09, Unit
Management and Inmate Program Review, rather than in the form of a guidance memorandum.
FBOP therefore plans to replicate in that policy the tracking process already established for
single cells in Program Statement 5270.12, Special Housing Units, but apply it to general
population. The modification to the Unit Management and Inmate Program Review policy will
prescribe a specific process for single-cell placement and tracking only if single-cell placement
in general population appears necessary, mirroring the language pertaining to the process in the
policy for SHU.
Because revisions to Programs Statements must follow the normal FBOP development and
Union negotiation process, they are subject to change. FBOP will provide further updates they
become available.
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. In a previous update,
the BOP reported that it was evaluating its process for obtaining and documenting approval for
social and/or legal visits while an inmate is on suicide watch or psychological observation. In a
February 2024 update, the BOP reported that while it currently does not have guidance on these
issues, new guidance had been drafted and was under review. The BOP has now stated that the
guidance is still under review. Accordingly, the OIG will consider whether to close this
recommendation after the BOP (1) finalizes the guidance referenced in its update, and (2)
provides the finalized guidance to the OIG for review.
FBOP Response: As indicated in its previous status update, FBOP was developing guidance
with regard to its process for obtaining and documenting approval for social and/or legal visits
while an inmate is on suicide watch or psychological observation. However, upon further
consideration, FBOP has determined that this guidance should not be in the form of a guidance
memorandum, but should instead be included in Program Statement 5324.08, Suicide Prevention
Policy. Therefore, FBOP is in the process of altering that policy accordingly. Because revisions
to Programs Statements must follow the normal FBOP development and Union negotiation
process, they are subject to change. FBOP will provide further updates they become available.
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. Accordingly, the OIG
will consider whether to close this recommendation after the BOP (1) finalizes the program
statement update referenced in its update; and (2) provides the finalized program statement to the
OIG for review.
FBOP Response: As indicated in the previous status update, Program Statement 5500.14,
Correctional Services Procedures Manual, is being modified to include methods for accounting
for inmate whereabouts and wellbeing. Because revisions to Programs Statements must follow
the normal development and Union negotiation process, they are subject to change. FBOP 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 reported that
it is updating its policy to address the recommendation. In its February 2024 update, the BOP
also indicated that it would be conducting training for Lieutenants on conducting rounds. The
OIG therefore previously asked the BOP to provide "a description of the training referenced in
its update, sample training materials for OIG to review, and confirmation that the training is in
effect." The BOP has indicated that, to allow for variation based on the specific needs of each
institution, there will not be a specific BOP-wide curriculum for the training; however, training
will be conducted and documented on the Daily Lieutenant Logs and reviewed by the Captain
for specific local training needs. Accordingly, the OIG will consider whether to close this
recommendation after the BOP (1) finalizes the program statement update referenced in its
update; and (2) provides the finalized program statement to the OIG for review.
FBOP Response: As indicated in the previous status update, Program Statement 5500.14,
Correctional Services Procedures Manual, is being modified to include methods for accounting
for inmate whereabouts and wellbeing. Because revisions to Programs Statements must follow
the normal development and Union negotiation process, they are subject to change. FBOP will
provide further updates as they become available.
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 OIG will continue
to monitor the BOP's progress regarding staffing shortages at its prisons. Accordingly, we will
consider whether to close this recommendation after the BOP (1) 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; (2) implements the staffing tool for all BOP professions; (3) provides an
analysis of whether the new incentives and nation-wide direct-hire authority mentioned in its
update above have made an impact on the staffing shortage; (4) provides an update on its efforts
to establish a nationwide special salary rate for institution positions; and (5) describes any
additional proposals, including any legislative proposals to address pay rates in certain localities,
that are being considered by the BOP to fully address the staffing shortage and provides an
update to the OIG on the Department's consideration and cooperation with the BOP on any such
proposal.
FBOP Response: OIG indicates that it will consider whether to close this recommendation after
FBOP:
1. Provides an update on the contractor's or FBOP's analysis of staffing incentives
since March 2023; whether submitted yet to GAO or not.
The FBOP is currently analyzing the agency's usage and effectiveness of both recruitment and
retention incentives. This analysis is ongoing. Therefore, FBOP will provide an update to OIG
when completed.
2. Implements the staffing tool for all FBOP professions.
The Automated Staffing Tool (AST) went live officially on October I, 2024, and has been
implemented for all FBOP professions. This workforce planning tool will allow FBOP
leadership to identify true institution position needs to safely and effectively operate all of the
FBOP's 122 institutions. The AST recommends position numbers based on data driven insights
from internal and external subject matter experts, institution-specific criteria, and evolving
mission requirements.
3. Provides an analysis of whether the new incentives and nation-wide direct-hire
authority mentioned in its update above have made an impact on the staffing
shortage.
The FBOP continues to collect data in an effort to complete its analysis in 2025. However,
preliminary analysis has shown retention incentives to be an effective factor when comparing
data from the recent fiscal years. In FY 2024, the lowest number of total separations occurred
with 2,572 separations. In FY 2023, the FBOP had 2,900 separations. FY 2022 had the highest
number of separations in the FBOP in recent years with 3,665.
Recruitment measures have also made an impact in the most recent fiscal years. In FY 2024,
FBOP saw the largest influx of staff since FY 2021, with 3,596 new hires. Comparatively,
FY 2023 saw 2,622 new hires and 1,846 in FY 2022. After receiving nationwide DHA approval
in May 2024, and continuing through September 2024, the FBOP has hired over 450 correctional
officers with Direct Hiring Authority, totaling 642 for FY 2024. This is significantly greater than
our total of 196 new hires for FY 2023 and 83 new hires for FY 2022 without nationwide DHA.
4. Provides an update on its efforts to establish a nationwide special salary rate for
institution positions.
The FBOP is continuing to actively collaborate with the Department of Justice (DOJ) and the
Office of Personnel Management (OPM) to develop a special salary rate aimed at addressing
recruitment and retention challenges within our institutions by offering more competitive
salaries. Currently, the FBOP is focusing Special Salary Rate efforts on the Correctional Officer
and nurse positions and submitted its request to DOJ at the end of September 2024. DOJ
informed FBOP that both requests are under OPM review.
5. Describes any additional proposals, including any legislative proposals to address
pay rates in certain localities, that are being considered by the BOP to fully address
the staffing shortage and provides an update to the OIG on the Department's
consideration and cooperation with the BOP on any such proposal.
As of November 2024, FBOP has no further input regarding proposals being considered to
address the staffing shortage.
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. Accordingly, the OIG
will consider whether to close this recommendation after the BOP (1) 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 Statement 5500.14,
Correctional Services Procedures Manual, and Program Statement 4200.12, Facilities Operations
Manual, are being modified to include protocols and ensure accountability regarding various
aspects of FBOP's camera systems, including but not limited to functionality, documentation,
and repair. Because revisions to Programs Statements must follow the normal development and
Union negotiation process, they are subject to change. FBOP will provide further updates as they
become available.
However, to ensure immediate action, a joint memorandum from FBOP's Administration
Division and Correctional Programs Division was sent to all CEOs addressing necessary camera
protocols. See attachments "Camera Report Implementation signed" and "Security Camera
Report Template." The joint memorandum implemented a monthly reporting process in all
facilities and attached a template to use for monthly reporting. The monthly reporting requires
electronic technicians at each facility to list the number of installed cameras, adjustments to the
camera count as needed, information regarding camera recording capability and camera
operational state, and information regarding any repairs made to the cameras during the month of
reporting. The Captain and Facility Manager must review each monthly report from the facility
and ensure accuracy. The monthly Security Camera Report will then be included in the Facilities
Management Monthly Report to Regional offices and submitted from the Warden to the
Regional Director. The new monthly Security Camera Report is now in use and became effective
June 1, 2024.