C.F.R. » Title 28 » CHAPTER III—FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE › PART 301—INMATE ACCIDENT COMPENSATION › Subpart A—General

28 C.F.R. § 301.102

Definitions

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(a) For purposes of this part, the term work-related injury shall be defined to include any injury, including occupational disease or illness, proximately caused by the actual performance of the inmate's work assignment.

(b)(1) For purposes of this part, the term release is defined as the removal of an inmate from a Bureau of Prisons correctional facility upon expiration of sentence, parole, final discharge from incarceration of a pretrial inmate, or transfer to a community corrections center or other non-federal facility, at the conclusion of the period of confinement in which the injury occurred.

(2) In the case of an inmate who suffers a work-related injury while housed at a community corrections center, release is defined as the removal of the inmate from the community corrections center upon expiration of sentence, parole, or transfer to any non-federal facility, at the conclusion of the period of confinement in which the injury occurred.

(3) In the case of an inmate who suffers a work-related injury while housed at a community corrections center and is subsequently transferred to a Bureau of Prisons facility, release is defined as the removal of the inmate from the Bureau of Prisons facility upon expiration of sentence, parole, or transfer to a community corrections center or other non-federal facility.

(c) For purposes of this part, the term dependent is defined as the legally recognized spouse or child of an inmate for whose support the inmate is legally responsible in whole or part.

(d) For purposes of this part, the term work detail supervisor may refer to either a Bureau of Prisons or a non-Bureau of Prisons supervisor.

(e) For the purposes of this part, the phrase housed at or based at a “Bureau of Prisons institution” shall refer to an inmate that has a work assignment with a Bureau of Prisons institution or with another federal entity and is incarcerated at a Bureau of Prisons institution. For the purposes of this part, the phrase based at or housed at a “community corrections center” shall refer to an inmate who has a work assignment for a non-Bureau of Prisons federal entity and is incarcerated at a community corrections center.

[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994]
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1992–2024 · leading case: William Baynes v. United States
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William Baynes v. United States (2008) ca6 · cites it 4× “” 28 C.F.R. § 301.102 (a). Conceding that they rode the bus “in connection with” their work, the plaintiffs point to another section of the regulations, id.”
United States v. Miguel Martin Tapia (1993) ca11 “Although some intermediate punishment programs are based in camps, assignment to a camp is not typically considered to be intermediate punishment. Id. Finally, the Prison Bureau’s definition of “release” in some contexts includes an inmate’s “transfer to a community corrections…”
United States v. Kahn (1992) almd “28 C.F.R. §§ 301.102 , 551.151 (1991). 6 2.”
Leo Paschal v. United States (2002) ca7 “” 28 C.F.R. § 301.102 (b)(1). (A “pretrial inmate” is expressly defined to.”
Oliver Thomas v. Joey Paul and M. Vigneault (2019) nhd “LEXIS 45329 , at *20, 2018 WL 1399302 , at *6 (citing 28 C.F.R. § 301.102 ), the unavailability of alternative remedies alone does not preclude this court from finding that there are other special factors counselling hesitation against extending Bivens to Thomas’s claims.”
Gardner v. United States (2017) mdd · cites it 2× “” 28 C.F.R. § 301.102 (a). A dependent of a deceased inmate may submit a claim for compensation as a result of work-related death up to one year after the inmate’s work-related death.”
Rhodes v. United States (2019) ilsd “” 28 C.F.R. §301.102 (a). This Court has previously noted that an injury is “work-related” when there is “some nexus between the injury and the work itself beyond just the time and place of the injury.”
MARTINEZ v. THE UNITED STATES OF AMERICA (2022) njd “at 13, citing 28 C.F.R. § 301.102 (a); Uptegrove v. United States, No.”
Marquez-Ortiz v. United States (2023) nysd “” 28 C.F.R. § 301.102 ; see Giraldo v. United States, No.”
Springer v. United States (2021) txnd “” See 28 C.F.R. § 301.102 . But, “[c]ompensation shall not be paid for injuries suffered away from the work location (e.”
Rodriguez v. United States (2024) pamd “11 28 C.F.R. § 301.102 (a). 12 28 C.F.R. § 301.”
Paschal, Leo v. United States (2002) ca7 “” 28 C.F.R. § 301.102 (b)(1). (A “pre- trial inmate” is expressly defined to include “a person awaiting trial, being tried, or awaiting a verdict.”
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