(a) Pretrial inmate. For purpose of this rule, “pretrial inmate” means a person who is legally detained but for whom the Bureau of Prisons has not received notification of conviction. Thus, “pretrial inmate” ordinarily includes a person awaiting trial, being tried, or awaiting a verdict.
(1) Civil contempt, deportable aliens, or material witnesses. For purpose of this rule, an inmate committed for civil contempt, or as a deportable alien, or as a material witness is considered a pretrial inmate.
(2) Mental evaluation or treatment. An inmate committed under Title 18 U.S.C. Sections 4241 (b) and (d), 4242(a), or 4243(b) is considered to be a pretrial inmate, whereas commitments under Sections 4243(e), 4244, 4245 or 4246 are treated as convicted inmates.
(3) Concurrent federal and state sentences. For purpose of this rule, an inmate in a status described in paragraph (a) introductory text, (a)(1), or (a)(2) of this section and who is at the same time serving a state or federal sentence is not considered a pretrial inmate.
(b) Convicted inmate. For purposes of this rule, an individual a court has found guilty of an offense punishable by law.
Notes of Decisions
Leo Paschal v. United States, 302 F.3d 768 (7th Cir. 2002).
“” 28 C.F.R. § 551.101 (a).) Previously the regulation had defined “release” to exclude “pretrial inmate.”
Lopez v. Derr (D. Haw. 2022).
· cites it 2× “101 does not, as Lopez contends, require the BOP to classify all “deportable aliens” as “pretrial inmate[s].”
Simpson v. United States (N.D. Ill. 2019).
“” 28 C.F.R. § 551.101 (a)(2)–(3). Pride was held at MCC Chicago to undergo a competency evaluation pursuant to 18 U.”
Villars v. Holder (N.D. Ill. 2019).
“100 ; 28 C.F.R. § 551.101 (a)(1) (defining “pretrial inmate” as a “person who is legal detained but for whom the Bureau of Prisons has not received notification of conviction,” and providing specifically that “a material witness is considered a pretrial inmate”).”
Paschal, Leo v. United States (7th Cir. 2002).
“” 28 C.F.R. § 551.101 (a).) Previously the regulation had defined “re- lease” to exclude “pretrial inmate.”
Joost v. Cornell (1st Cir. 2000).
“See 28 C.F.R. § 551.101 (a)(3). 3. In his Eighth Amendment claims, plaintiff alleges that four separate conditions at Wyatt constituted cruel and unusual punishment: his inability to properly exercise; his confinement in an overcrowded two-person cell; his occasional confinement…”
— 28 C.F.R. § 551.101(a)(1) — 1 case
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