28 C.F.R. § 544.73

Program participation

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) The Warden or designee shall assign to an education staff member the responsibility to coordinate the institution's literacy program. Initially, staff shall meet with the inmate for the purpose of enrolling the inmate in the literacy program. Subsequently, staff shall formally interview each inmate involved in the literacy program when necessary for the purpose of determining a progress assignment. Staff shall place documentation of these interviews in the inmate's education file.

(b)(1) For the purposes of 18 U.S.C. 3624, an inmate subject to the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) or the Prison Litigation Reform Act of 1995 (PLRA) shall be deemed to be making satisfactory progress toward earning a GED credential or high school diploma unless and until the inmate receives a progress assignment confirming that:

(i) The inmate refuses to enroll in the literacy program;

(ii) The inmate has been found to have committed a prohibited act that occurred in a literacy program during the last 240 instructional hours of the inmate's most recent enrollment in the literacy program; or

(iii) The inmate has withdrawn from the literacy program.

(2) When an inmate subject to VCCLEA or PLRA receives a progress assignment indicating that the inmate is not making satisfactory progress, the assignment shall be changed to indicate satisfactory progress only after the inmate is currently and continuously enrolled in a literacy program for a minimum of 240 instructional hours. Any further withdrawal or finding that the inmate has committed a prohibited act in a literacy program during the last 240 instructional hours of the inmate's most recent enrollment in the literacy program shall result in a progress assignment indicating that the inmate is again not making satisfactory progress (see paragraphs (b)(1)(ii) and (iii) of this section).

(c) At the end of 240 instructional hours, excluding sick time, furloughs, or other absences from scheduled classes, the unit team during scheduled program review sessions shall meet with the inmate to encourage continued participation in the literacy program until the inmate earns a GED credential or high school diploma. At these meetings, the inmate may elect not to continue in the literacy program, and no disciplinary action will be taken. The inmate may not discontinue this program when participation is mandated by statute.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2006–2022 · leading case: Luis De La Cruz v. Donna Zickefoose, 450 F. App'x 123 (3rd Cir. 2011).

Sort: Relevance Newest Treatment

Luis De La Cruz v. Donna Zickefoose, 450 F. App'x 123 (3rd Cir. 2011). · cites it 2× “See 28 C.F.R. § 544.73 (c) (stating that “[a]t the end of 240 instructional hours .”

Snider v. Daniels, 445 F. Supp. 2d 1233 (D. Or. 2006). “28 C.F.R. § 544.73 (b)(1) addresses requirements specific to inmates subject to the VCCLEA: [A]n inmate subject to the VCCLEA .”

Paul Livengood v. Bureau of Prisons, 503 F. App'x 104 (3rd Cir. 2012). · cites it 4× “§ 2241 , in the United States District Court for the Western District of Pennsylvania, in which he contended that the reduction in his good conduct time earning rate constitutes “discipline” for withdrawing from the literacy program in violation of 28 C.F.R. § 544.73 (c).…”

Cecilio Lopez v. Michael Benov, 670 F. App'x 947 (9th Cir. 2016). “The BOP regulations are ambiguous about who can decide whether an inmate’s progress is satisfactory, but BOP guidance documents instruct that education staff or the education department at each institution make this determination.”

Taumoepeau 86574-022 v. Luna (W.D. Mich. 2022). “” 28 C.F.R. § 544.73 (b)(1). A noncitizen inmate “who is subject to a final order of removal, deportation, or exclusion[] is not required to participate in a literacy program to earn yearly awards of GCT credit.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.