Public Law 118–71: To establish an inspections regime for the Bureau of Prisons, and for other purposes.

appropriate congressional committees

the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and

the Committee on the Judiciary and the Committee on Oversight and Accountability of the House of Representatives.

Bureau

covered facility

means a correctional facility operated by the Bureau; and

does not include a post-incarceration residential re-entry center.

family advocate

a grandparent, parent, sibling, spouse or domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other person related to an individual by blood, adoption, marriage, civil union, a romantic or fostering relationship; or

a friend of—

Inspector General

Ombudsman

representative of an incarcerated person

sexual abuse

staff

The Inspector General shall conduct periodic inspections of covered facilities pursuant to the requirements of this subsection.

The Attorney General shall ensure that the Inspector General has access to—

An inspection of a covered facility under this subsection may be announced or unannounced.

In developing the inspections regime under this subsection, the Inspector General is encouraged to consult formerly incarcerated people, family or representatives of incarcerated people, and community advocates.

The policies, procedures, and administrative guidance of the facility.

The conditions of confinement.

Working conditions for staff.

The availability of evidence-based recidivism reduction programs and productive activities, as such terms are defined in section 3635 of title 18, and the application of earned time credits pursuant to section 3632 of title 18.

The policies and procedures relating to visitation.

The policies and practices relating to classification and housing.

The policies and practices relating to the use of single-cell confinement, administrative segregation, and other forms of restrictive housing.

The medical facilities and medical and mental health care, programs, procedures, and policies, including the number and qualifications of medical and mental health staff and the availability of sex-138 STAT. 1494 specific and trauma-responsive care for incarcerated people.

Medical services and mental health resources for staff.

Lockdowns at the facility.

Credible allegations of incidents involving excessive use of force, completed, attempted, or threatened violence, including sexual abuse, or misconduct committed against incarcerated people.

Credible allegations of incidents involving completed, attempted, or threatened violence, including sexual violence or sexual abuse, committed against staff.

Adequacy of staffing at the covered facility, including the number and job assignments of staff, the ratio of staff to inmates at the facility, the staff position vacancy rate at the facility, and the use of overtime, mandatory overtime, and augmentation.

Deaths or serious injuries of incarcerated people or staff that occurred at the facility.

The existence of contraband that jeopardizes the health or safety of incarcerated people or staff, including incident reports, referrals for criminal prosecution, and confirmed prosecutions.

Access of incarcerated people to—

Any aspect of the operation of the covered facility that the Inspector General determines to be necessary over the course of an inspection.

Higher risk facilities shall receive more frequent inspections.

Evaluation.

The Inspector General shall reevaluate the combined risk score methodology and inspection schedule periodically and may alter 1 or both to ensure that higher risk facilities are identified and receiving the appropriate frequency of inspection.

Determination.

A determination by the Inspector General that 1 or more of the criteria listed in subparagraph (B) should be inspected, with regard to a covered facility or group of covered facilities.

Not later than 6 months after the completion of an inspection of a covered facility under this subsection, or a group of inspections that assess the same or similar issues at more than 1 facility, the Inspector General shall submit a final 138 STAT. 1495 copy of the report to the Attorney General, the appropriate congressional committees, employee representative organizations, and the public, that addresses 1 or more of the following topics:

In developing the recommendations described in clause (i), the Inspector General may consult with stakeholders, including employee representative organizations.

shall be delivered to the appropriate congressional committees; and

may be based on—

“(X)

Not later than 60 days after the date on which the Inspector General issues a report under subparagraph (D), the Bureau shall respond in writing to the inspection report, which shall include a corrective action plan.

Each response and action plan described in clause (i) shall be made available to the public on the website of the Inspector General.

The Inspector General may conduct additional inspections or investigations, announced or unannounced, to monitor the compliance of the Bureau with a corrective action plan described in clause (i).

receive a complaint from an incarcerated person, a family advocate, a representative of an incarcerated person, staff, a representative of staff, a Member of Congress, or a member of the judicial branch of the Federal Government regarding issues that may adversely affect the health, safety, welfare, or rights of incarcerated people or staff, including—

refer a complainant and others to appropriate resources or Federal agencies;

make inquiries and recommend actions to appropriate entities on behalf of a complainant, the Ombudsman, or others; and

Notification.

decline to investigate or take any action with respect to any complaint and, in any case in which the Ombudsman declines to investigate or take any action, shall notify the complainant in writing of the 138 STAT. 1497 decision not to investigate or take any action and the reasons for the decision.

may not investigate—

may not levy any fees for the submission or investigation of complaints.

render a decision on the merits of each complaint;

Notification.

communicate the decision to the complainant, if any, and to the Bureau; and

state the recommendations and reasoning of the Ombudsman if, in the opinion of the Ombudsman, the Bureau or any employee thereof should—

If the Ombudsman so requests, the Bureau shall, within the time specified, respond to any inquiry or request for information from the Ombudsman and inform the Ombudsman about any action taken on the recommendations provided by the Ombudsman or the reasons for not complying with any request for information or recommendations.

If the Ombudsman believes, based on an investigation conducted by the Ombudsman, that there has been or continues to be a significant health, safety, welfare, working conditions, or rehabilitation issue, the Ombudsman shall report the finding to the Attorney General and the appropriate congressional committees.138 STAT. 1498

In the event that the Bureau conducts an internal disciplinary investigation or review of 1 or more staff members of the Bureau as a result of an investigation by the Ombudsman, the Ombudsman may monitor the internal disciplinary action to ensure a fair and objective process.

Except as provided in clause (ii), upon demand, in person or in writing and with or without prior notice, the Inspector General and the Ombudsman shall be granted access to all Bureau facilities, which shall include—

“(II)

Clause (i) shall not apply in situations where the head of the covered facility provides evidence to the Inspector General or the Ombudsman that there is risk of serious and immediate physical harm to visitors due to an ongoing event that requires restricting access to the facility.

conducting announced or unannounced inspections by the Inspector General as described in paragraph (2), including inspections to monitor the compliance of the Bureau with a corrective action plan described in paragraph (2)(F)(i);

conducting an investigation or other activity by the Ombudsman as described in paragraph (3); and

inspecting, viewing, photographing, and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people.

The Inspector General and the Ombudsman have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Bureau that either the Inspector General or the Ombudsman considers necessary in an inspection, investigation, or other 138 STAT. 1499 activity, and the Bureau shall assist the Inspector General and the Ombudsman in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Bureau.

Following notification from the Inspector General or the Ombudsman with a written demand for access to Bureau records, the Bureau shall provide access to the requested documentation in a manner consistent with section 552a (commonly known as the ‘Privacy Act of 1974’)—

Procedures.

develop procedures—

work with the Bureau to minimize disruption to the operations of the Bureau due to inspections, investigations, or other activity;

Compliance.

comply with the security clearance processes of the Bureau, provided these processes do not impede the activities described in this subsection; and

limit the public release of any photographs or video recordings that would jeopardize—

staff are not aware of the identity of a complainant; and

other incarcerated people are not aware of the identity of a complainant.

The Ombudsman shall create a secure online form to be made available on the website of the Ombudsman where the family advocates and representatives of incarcerated people can submit complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility.

The Ombudsman shall create a telephone hotline through which family advocates and representatives of incarcerated people can call to file complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility.

The Bureau shall provide multiple internal ways for incarcerated individuals in covered facilities to privately submit to the Ombudsman complaints and inquiries on issues identified in paragraph (3)(A)(i).

The Bureau shall also provide not less than 1 process for incarcerated individuals in covered facilities to submit complaints and inquiries on issues identified in paragraph (3)(A)(i) to a public or private entity or office that is not part of the Bureau and that is able to receive and immediately forward complaints and inquiries to the Ombudsman, allowing the incarcerated individual to remain anonymous upon request.

Not later than 5 business days after submission of a complaint or inquiry under subparagraph (A) or (B), the Ombudsman shall confirm receipt.

Not later than 15 business days after issuing the confirmation under clause (i), the Ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination.

If the Ombudsman has determined action is unwarranted 138 STAT. 1501 under clause (ii), the Ombudsman shall provide a written statement explaining the decision to the complainant.