28 C.F.R. § 540.201

Designation criteria

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Inmates may be designated to a CMU if evidence of the following criteria exists:

(a) The inmate's current offense(s) of conviction, or offense conduct, included association, communication, or involvement, related to international or domestic terrorism;

(b) The inmate's current offense(s) of conviction, offense conduct, or activity while incarcerated, indicates a substantial likelihood that the inmate will encourage, coordinate, facilitate, or otherwise act in furtherance of illegal activity through communication with persons in the community;

(c) The inmate has attempted, or indicates a substantial likelihood that the inmate will contact victims of the inmate's current offense(s) of conviction;

(d) The inmate committed prohibited activity related to misuse or abuse of approved communication methods while incarcerated; or

(e) There is any other substantiated/credible evidence of a potential threat to the safe, secure, and orderly operation of prison facilities, or protection of the public, as a result of the inmate's communication with persons in the community.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2016–2026 · leading case: Yassin Aref v. Loretta Lynch, 833 F.3d 242 (D.C. Cir. 2016).

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Yassin Aref v. Loretta Lynch, 833 F.3d 242 (D.C. Cir. 2016). “See 28 C.F.R § 540.201. 1 Designation to a CMU begins when BOP becomes aware of information relevant to any of these criteria.”

Jordan v. USA (S.D. Ill. 2023). · cites it 2× “6-19) The criteria by which an inmate may be designated to the CMU is found in 28 C.F.R. § 540.201 and PS 5214.02 (Id. at p.”

Smadi v. True (S.D. Ill. 2023). “28 C.F.R. § 540.201 . Examples of these criteria include inmates whose offense of conviction or offense conduct was related to terrorism or where that offense or the inmate’s activity while incarcerated indicates a “substantial likelihood” that the inmate will continue to…”

Akers (S.D. Ill. 2026). “See also 28 C.F.R. § 540.201 (enumerating criteria for assigning prisoners to CMU).”

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