The Director of the Bureau of Prisons shall direct all activities of the Bureau of Prisons including:
(a) Management and regulation of all Federal penal and correctional institutions (except military or naval institutions), and prison commissaries.
(b) Provision of suitable quarters for, and safekeeping, care, and subsistence of, all persons charged with or convicted of offenses against the United States or held as witnesses or otherwise.
(c) Provision for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States.
(d) Classification, commitment, control, or treatment of persons committed to the custody of the Attorney General.
(e) Payment of rewards with respect to escaped Federal prisoners (18 U.S.C. 3059).
(f) Certification with respect to the insanity or mental incompetence of a prisoner whose sentence is about to expire pursuant to section 4247 of title 18 of the U.S. Code.
(g) Entering into contracts with State or territorial officials for the custody, care, subsistence, education, treatment, and training of State or territorial prisoners, upon certification with respect to the availability of proper and adequate treatment facilities and personnel, pursuant to section 5003 of title 18 of the U.S. Code.
(h) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which defendants have been committed for such purposes pursuant to 18 U.S.C. 4205(c).
(i) Conduct and prepare, or cause to be conducted and prepared, studies and submit reports to the court and the attorneys with respect to disposition of cases in which juveniles have been committed, pursuant to 18 U.S.C. 5037, and to contract with public or private agencies or individuals or community-based facilities for the observation and study and the custody and care of juveniles, pursuant to 18 U.S.C. 5040.
(j) Observation, conduct of studies, and preparation of reports in cases in which youth offenders have been committed by the courts for such purposes pursuant to section 5010(e) of title 18 of the United States Code.
(k) Conduct of examinations to determine whether an offender is an addict and is likely to be rehabilitated through treatment, as well as the preparation and submission of reports to committing courts, pursuant to section 4252 of title 18 of the United States Code.
(l) Transmittal of reports of boards of examiners and certificates to clerks of the district courts pursuant to section 4245 of title 18 of the U.S. Code.
(m) Providing technical assistance to State and local governments in the improvement of their correctional systems (18 U.S.C. 4042).
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 445-70, 35 FR 19397, Dec. 23, 1970; Order No. 579-74, 39 FR 37771, Oct. 24, 1974; Order No. 960-81, 46 FR 52348, Oct. 27, 1981]
Notes of Decisions
Elliott Levine v. Craig Apker, 455 F.3d 71 (2d Cir. 2006).
“§ 301 (granting rulemaking authority to executive agencies), 28 C.F.R. §§ 0.95 (a)-(d) (delegating to BOP the authority to manage federal prisons and provide for inmate care, safety, and discipline).”
William D. Dunne v. Patrick W. Keohane, Warden, 14 F.3d 335 (7th Cir. 1994).
“The idea behind this manner of acceptance was that Dunne would serve his state sentence first (albeit in federal prison — but as a “boarder” there rather than a regular federal inmate, pursuant to 18 U.”
Konigsberg v. Ciccone, 285 F. Supp. 585 (W.D. Mo. 1968).
· cites it 2× “The Bureau of Prisons is “subject to the general supervision and direction of the Attorney General”, 28 C.F.R. § 0.95 . Under that direction and supervision the Director of the Bureau of Prisons directs all activities of the Bureau of Prisons, including “management and…”
Rosenberg v. Meese, 622 F. Supp. 1451 (S.D.N.Y. 1985).
“5; see 28 C.F.R. §§ 0.95 , 0.96 (1984). 27 . Since a placement decision has a more direct impact upon a prisoner than does a classification decision, it follows that the classification decisions challenged in the case at bar would not implicate any liberty interest greater than…”
Nimrod T. Solomon v. Charles L. Benson, Warden, 563 F.2d 339 (7th Cir. 1977).
“The general power over classification and treatment of prisoners has been delegated to the bureau of prisons pursuant to 28 C.F.R. § 0.95 (d). Pursuant to this authority, the special offender classification was created by Bureau of Prisons Policy Statement No.”
Cmty. Treatment Centers, Inc. v. City of Westland, 970 F. Supp. 1197 (E.D. Mich. 1997).
“§ 4082 , and the regulations promulgated thereunder at 28 C.F.R. 0.95 et seq. Section 4082 gives the Attorney General the power to designate where federal prisoners shall be committed, including committing them to residential community treatment centers.”
United States v. Ellis, 527 F.3d 203 (1st Cir. 2008).
“The defendant’s argument that the warden has actual authority by necessary implication to promise to file a Rule 35(b) motion is premised on three regulations promulgated pursuant to this statutory authority: one authorizing the Director of the Bureau of Prisons to ensure the…”
Ramey v. Hawk, 730 F. Supp. 1366 (E.D.N.C. 1989).
“28 C.F.R. § 0.95 . Pursuant to this authority, the BOP promulgated the urine testing policy at issue.”
Bailor v. Salvation Army, 854 F. Supp. 1341 (N.D. Ind. 1994).
“28 C.F.R. § 0.95 (July 1,1993). The BOP maintains a secure facility for housing federal inmates in Chicago, Illinois known as the Metropolitan Correctional Center (“MCC”).”
— 28 C.F.R. § 0.95(c) — 1 case
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