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choose a staff representative, make a statement, and call witnesses. The inmate is also allowed to appeal
the outcome through the BOP’s administrative remedy program.
6. Conditions of Confinement
a. Telephone Calls
The federal regulations, 28 C.F.R. 88 540.100-540.106, that govern telephone calls for inmates require that
the Warden of each BOP institution establish procedures to monitor inmate telephone conversations, which
is “done to preserve the security and orderly management of the institution and to protect the public.” For
safety and security reasons, BOP policy (Program Statement P5264.08, Inmate Telephone Regulations)
requires that all inmate telephone calls be made through the Inmate Telephone System. BOP policy
recognizes that “on rare occasion, during times of crisis,” inmates may be permitted to make a telephone
call outside of the Inmate Telephone System. In such circumstances, the telephone “must be placed in a
secure area (e.g., a locked office),” and “must be set to record telephone calls.” Additionally, the staff
member coordinating the call must notify the BOP’s Special Investigative Services via email, providing the
inmate's name and register number, the date and time of the call, the number and name of the individual
called, and the reason for the call. The Special Investigative Services must enter this information into the
telephone recording system within 7 days.
b. Personal Effects, Medication, and Linens
Federal regulations governing BOP SHUs provide that inmates in administrative detention status ordinarily
may have a reasonable amount of personal property.'° Under BOP policy regarding SHUs, the personal
property of SHU inmates “may be limited or withheld for reasons of security, fire safety, or housekeeping.”"®
The BOP Chief Pharmacist issues medication each workday for inmates in the SHU. Restricted medications
are administered to inmates during daily SHU rounds. Each institution determines “the medication(s) and
amount (number of days) an inmate in SHU may maintain in their cell.” Inmates may also purchase pre-
approved over-the-counter medications at the commissary. MCC New York General Housing Units Post
Orders provide that when an inmate is released or transferred out of a housing unit, the inmate will remove
all limited and government-issued clothing from the cell in which the inmate was previously housed. These
Post Orders further specify that all cells are to be cleaned daily by inmates occupying the cell, and that
blankets, towels, and other linens will not be used as rugs or hung over inmate bunk beds at any time.
Pursuant to these Post Orders, MCC New York housing unit officers on all three shifts are responsible for
maintaining “a high level of sanitation” and a “safe and clean environment.”
15 28 C.F.R. § 541.31 (h)(1).
16 BOP Program Statement 5270.11, Special Housing Units.
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