Your placement in the SHU will be reviewed by the Segregation Review Official (SRO) as follows:
(a) Three day review. Within three work days of your placement in administrative detention status, not counting the day you were admitted, weekends, and holidays, the SRO will review the supporting records. If you are in disciplinary segregation status, this review will not occur.
(b) Seven day reviews. Within seven continuous calendar days of your placement in either administrative detention or disciplinary segregation status, the SRO will formally review your status at a hearing you can attend. Subsequent reviews of your records will be performed in your absence by the SRO every seven continuous calendar days thereafter.
(c) Thirty day reviews. After every 30 calendar days of continuous placement in either administrative detention or disciplinary segregation status, the SRO will formally review your status at a hearing you can attend.
(d) Administrative remedy program. You can submit a formal grievance challenging your placement in the SHU through the Administrative Remedy Program, 28 CFR part 542, subpart B.
Notes of Decisions
Cited in
6
cases (
4 in the last 5 years), 2013–2025 · leading case:
Bistrian v. Levi, 299 F. Supp. 3d 686 (E.D. Pa. 2018).
Bistrian v. Levi, 299 F. Supp. 3d 686 (E.D. Pa. 2018).
“at ¶ 60 (quoting 28 C.F.R. § 541.26 ). Pl.'s Proposed Statement of Undisputed Facts at ¶¶ 154, 157.”
Royer v. Fed. Bureau of Prisons, 934 F. Supp. 2d 92 (D.D.C. 2013).
“¶ 19; see also 28 C.F.R. § 541.26 (providing for hearings to review segregated housing status).”
Jackson v. Warden of the Fed. Det. Ctr. at SeaTac (W.D. Wash. 2024).
· cites it 2× “Petitioner 19 alleges that the Bureau of Prisons (“BOP”) violated his right to due process by failing to conduct 20 regular formal reviews of his placement in SHU as outlined in 28 C.F.R. § 541.26 . Id. 21 On July 16, 2024, the Court ordered service of the Petition and directed…”
Johnson v. FCI Berlin, Warden (D.N.H. 2025).
· cites it 2× “28 C.F.R. § 541.26 (c), by failing to provide him with mandatory thirty-day reviews during his continuous placement in administrative segregation, and by failing to allow him to attend a hearing before a Segregation Review Officer.”
Middleton v. Von Blanckensee (D. Ariz. 2023).
“Separately, he 12 alleges he has been held in the Special Housing Unit (SHU) for nearly a year, in violation 13 of due process because he did not receive periodic hearings as required by 28 CFR § 541.26 14 and Program Statement 5270.”
Vasquez v. Cheatham (M.D. Fla. 2021).
“For relief, Plaintiff requests that the Court enjoin the BOP from transferring Plaintiff to the SMU and from denying SRO Hearings under 28 CFR 541.26 that are held out of his cell in a private area.”
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