28 C.F.R. § 500.1

Definitions

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As used in this chapter,

(a) The Warden means the chief executive officer of a U.S. Penitentiary, Federal Correctional Institution, Medical Center for Federal Prisoners, Federal Prison Camp, Federal Detention Center, Metropolitan Correctional Center, or any federal penal or correctional institution or facility. Warden also includes any staff member with authority explicitly delegated by any chief executive officer.

(b) Staff means any employee of the Bureau of Prisons or Federal Prison Industries, Inc.

(c) Inmate means all persons in the custody of the Federal Bureau of Prisons or Bureau contract facilities, including persons charged with or convicted of offenses against the United States; D.C. Code felony offenders; and persons held as witnesses, detainees, or otherwise.

(d) Institution means a U.S. Penitentiary, a Federal Correctional Institution, a Federal Prison Camp, a Federal Detention Center, a Metropolitan Correctional Center, a Metropolitan Detention Center, a U.S. Medical Center for Federal Prisoners, a Federal Medical Center, or a Federal Transportation Center.

(e) Shall means an obligation is imposed.

(f) May means a discretionary right, privilege, or power is conferred.

(g) May not means a prohibition is imposed.

(h) Contraband is material prohibited by law, regulation, or policy that can reasonably be expected to cause physical injury or adversely affect the safety, security, or good order of the facility or protection of the public.

(i) Qualified health personnel includes physicians, dentists, and other professional and technical workers who engage in activities within their respective levels of health care training or experience which support, complement, or supplement the administration of health care.

[44 FR 38244, June 29, 1979, as amended at 48 FR 48969, Oct. 21, 1983; 56 FR 31530, July 10, 1991; 63 FR 55775, Oct. 16, 1998; 66 FR 55065, Oct. 31, 2001; 80 FR 45885, Aug. 3, 2015]

Notes of Decisions

Cited in 36 cases (4 in the last 5 years), 1981–2026 · leading case: Travis Denny v. Paul Schultz

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Travis Denny v. Paul Schultz (2013) ca3 · cites it 2× “Possession by the inmate for whom the medicine is prescribed is permitted, but as to that inmate’s cellmate, it constitutes contraband since “contraband” is defined as, inter alia, “material prohibited by law, or by regulation,” 28 C.F.R. § 500.1 , and the regulation prohibits…”

United States v. Moore (2008) ca11 · cites it 2× “Under 28 C.F.R. § 500.1 (h), contraband is defined as, “material prohibited by law, or by regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution.”

United States v. Zaira Franco (2020) ca5 “” 28 C.F.R. § 500.1 (a); cf. United States v.”

Yousef v. Reno (2001) ca10 “” 28 C.F.R. § 500.1 (f). In addition, the discretion is *1221 given to only two actors: to the Director of the BOP or the Acting Director, and cannot be further delegated.”

Searcy v. Simmons (2002) ca10 “Indeed, the federal prison regulations provide for similar disposal of contraband, defined broadly to include any material prohibited by statute or regulation, 28 C.F.R. § 500.1 (h), in instances where an inmate refuses to provide an address to send the confiscated property.”

United States v. John W. Hinckley, Jr. United States of America v. John W. Hinckley, Jr (1982) cadc “” 28 C.F.R. § 500.1 (h) (1980). 74 . Memorandum Opinion, supra note 9, at 1362-63, J.”

United States v. Ali (2005) vaed · cites it 2× “As the term “inmate” is used in the regulation authorizing the Attorney General to direct the implementation of SAMs, “inmate means all persons in the custody of the Federal Bureau of Prisons or Bureau contract facilities, including persons charged with or convicted of offenses…”

James v. Adams v. Washington State Dept Of Corrections (2015) washctapp · cites it 2× “” 28 C.F.R. § 500.1 (c). They discuss records in an “institution’s” files, with “institution” defined for purposes of the chapter to mean “a U.”

United States v. Novak (2008) ca1 “28 C.F.R. § 500.1 (c), (d).) We disagree, however, that the violation of state law implies that Holyoke lacked the necessary consent.”

United States v. Hinckley (1981) dcd “” 28 C.F.R. § 500.1 (h) (1980). 36 The correctional officers inspect all mail for contraband.”

Cooke v. United States Bureau of Prisons (2013) nced “See 28 C.F.R. § 500.1 (c) (inmate includes "all persons in the custody of the Bureau of Prisons” including "persons held as witnesses, detainees, or otherwise”).”

United States v. Bernard Hanyard (1985) ca5 “See 28 C.F.R. § 500.1 (d) (1984) (listing distinct types of institutions administered by Federal Bureau of Prisons); 28 C.”

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— 28 C.F.R. § 500.1(b)(1) — 1 case

Jean v. Johns (2021) miwd

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