The Federal Bureau of Prisons’ Monitoring of Mail for High-Risk Inmates

Evaluation and Inspections Report I-2006-009
September 2006
Office of the Inspector General

On August 18, 2006, the OIG sent a copy of the draft report to the Federal Bureau of Prisons (BOP) with a request for written comments on Recommendations 1 through 12 and 15. The BOP responded to the OIG in a memorandum dated September 19, 2006. The BOP concurred with all the recommendations. Recommendation 1:  The BOP should ensure that all mail of inmates on its mail monitoring lists is read, including translating and reading of foreign language mail, and that the institutions’ monitoring of this mail is tracked. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation stating that inmates placed on mail monitoring status should be held to a higher correctional management standard based on identified risk factors, and that these inmates’ communications should be reviewed by appropriately trained staff as soon as practical. Toward that end, the BOP is exploring procedural modifications and technology aides to develop uniform standards and tracking of inmate communications. The BOP anticipates completing this initiative by December 2007. The OIG’s Analysis.  The actions planned by the BOP are responsive to the recommendation. Please provide a status report on the development of the procedural modifications and tracking system by December 1, 2006. Recommendation 2:  The BOP should set minimum target percentages of incoming and outgoing mail for random reading, including translating and reading foreign language mail, and track the institutions’ efforts to comply with these goals. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP stated that it has some concerns about implementing this recommendation because the resources needed to raise the level of current random reading of mail would be significant. Instead, the BOP proposed delaying targets for random reading until it fully implements a new electronic messaging system called the Trust Fund Limited Inmate Communication System (TRULINCS). TRULINCS, which is in the pilot testing stage at 11 BOP facilities, allows inmates to communicate with family and friends through the use of electronic messaging via a secure work station. The BOP stated that it intends to implement TRULINCS Bureau-wide in the next several months and expects the amount of incoming and outgoing inmate mail through the U.S. postal system to be greatly reduced. The BOP believes use of TRULINCS along with reading all mail for inmates on mail monitoring lists will ensure that a high percentage of inmate mail is read daily. The OIG’s Analysis.  The BOP’s implementation of TRULINCS as a first step in improving random reading of inmate mail is responsive to the recommendation. However, TRULINCS may not preclude the need for setting targets for random reading of inmate mail written in English and foreign languages. Inmates are not required to use TRULINCS instead of the U.S. postal system, and the amount of hardcopy inmate correspondence may remain significant. Therefore, mailroom and housing unit staff may still be required to randomly read a meaningful percentage of hardcopy incoming and outgoing mail for inmates not on mail monitoring lists. The BOP’s response also does not state whether TRULINCS is to be used by inmates who communicate in foreign languages. By December 1, 2006, please provide the results of the pilot tests, which should include data about TRULINCS’s effect on intelligence gathering and the amount of U.S. mail as well as TRULINCS’s applicability to foreign language communication, and a status report on the implementation of TRULINCS Bureau-wide. Recommendation 3:  The BOP should develop a policy for in-house translation services that includes: Guidelines for when and how translations are to be conducted (e.g., when word-for-word translation or a summary is required), including translations of communications to and from international terrorist inmates; Guidelines for the random verification of the accuracy of staff translations; Guidelines on the minimum proficiency levels for volunteer BOP staff who translate communications for terrorist inmates, inmates on mail or phone monitoring lists, or other high-risk inmates; Guidelines requiring supervisors to support collateral translation duties, and when work conflicts exist, to seek resolution with the Associate Warden or Warden; Guidelines that require BOP staff who volunteer as translators to track the number of hours and the languages for which they perform translation services as a collateral duty to allow future resource needs to be determined; and Guidelines that ensure institutions use the existing incentive awards program, especially cash awards, to encourage and recognize BOP volunteer staff translators. The BOP also should consider developing additional incentives and awards to encourage BOP staff to volunteer for collateral translation duties. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that the Special Investigative Supervisor (SIS) Manual is undergoing review and revision and will include language about timely completion of summary translations for all forms of foreign communication for all international terrorist inmates. Verbatim translations will be required for suspicious content. The BOP stated that staff working as volunteer translators require sufficient language proficiency to recognize noteworthy intelligence for further analysis. The BOP stated that it has formed a work group to develop language competency criteria for BOP staff serving as volunteer translators or full-time translators and has developed a Reimbursable Agreement between agencies for language testing that is pending approval for fiscal year (FY) 2007. The BOP anticipated implementing language proficiency guidelines by January 2008. The BOP referred to its response for item b above. The BOP stated that it will issue a procedural directive in December 2006 mandating local support for staff performing approved collateral language translation services. The BOP stated that monitoring of foreign language telephone calls is tracked automatically through the INTRUDR system. The BOP will consider uniform tracking of translations performed for inmate correspondence. The BOP stated that it will reiterate existing incentive awards policy to wardens to ensure staff volunteer translators are recognized for their efforts. The BOP also will consider developing additional incentives and awards to encourage staff to volunteer for collateral translation duties. The BOP will issue guidance to wardens by December 2006. The OIG’s Analysis.  The actions planned by the BOP are generally responsive to the recommendation. We believe the BOP’s translation policy requires some additional steps for items a, b, and e. The policy should include directions on whether outside contract services or volunteer staff (whose language proficiency levels have been untested in the past) should be used for translating foreign language communications of international terrorist inmates. The policy should include procedures for randomly verifying the accuracy of staff translations. The policy should require staff to track the time spent translating correspondence and telephone calls and the languages translated. It is unclear whether INTRUDR automatically tracks this type of information for inmate calls. Please provide a status report on the translation policy by December 1, 2006. Recommendation 4:  The BOP should offer Spanish and other language training to staff, as dictated by translation needs. Status.   Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that a contractor is providing Arabic language training to BOP’s full-time translators at ADX Florence. The BOP is exploring the use of this contractor for in-house language training at other institutions. Additionally, the BOP is reviewing courses at the Defense Language Institute, which provides a variety of language training to federal agencies. The BOP scheduled three Spanish Language Training Program courses during FY 2007 and will explore development of an advanced Spanish language course. The BOP anticipates the completion of these initiatives by October 2008. The OIG’s Analysis.  The actions planned by the BOP are responsive to the recommendation. By December 1, 2006, please provide the dates for the scheduled Spanish courses and the status of the BOP’s decisions on developing an advanced Spanish course and using the contractor and the Defense Language Institute as sources for other language training. Recommendation 5:  The BOP should provide advanced and continuing counterterrorism intelligence training to its full-time SIS staff, Language Specialists, and Intelligence Operations Officers (IO), especially in those institutions that house terrorist inmates. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that in August 2006, the Central Office Intelligence Section provided Terrorist Management Training for SIS staff that had not previously attended the course. The BOP further stated that the Federal Bureau of Investigation (FBI) agreed to conduct an ongoing 40-hour course on intelligence gathering and analysis and that the first class will occur the week of December 4, 2006. The FBI also agreed to provide an abridged form of this training to newly appointed SIS staff. Select BOP staff will become certified as trainers and will train the remaining BOP intelligence and SIS staff. The BOP also is evaluating a variety of computer-based training programs. The BOP anticipates completing these initiatives by October 2007. The OIG’s Analysis.  The actions planned by the BOP are responsive to the recommendation. By December 1, 2006, please provide a copy of the 40-hour course content, number of planned participants, dates scheduled for the course, and plans for providing training to other intelligence and SIS staff. Recommendation 6:  The BOP should clarify the role of Intelligence Operations Officers (IO) regarding membership on the FBI’s Joint Terrorism Task Forces (JTTF) and ensure that the institutions support the IOs in carrying out their full-time task force coordination, intelligence gathering, and information sharing duties. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred in part with the recommendation. The BOP stated that many IOs participate on task forces other than JTTFs and therefore cannot participate full time on JTTFs. However, by November 2006, the BOP stated that it will issue guidance to wardens that requires every institution to identify at least one staff member to be a certified liaison with the local JTTF. The OIG’s Analysis.  The actions planned by the BOP are responsive to the recommendation. Please provide a copy of the guidance to wardens by December 1, 2006. Recommendation 7:  The BOP should ensure that it monitors 100 percent of Alert telephone calls and translates all foreign language Alert calls. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation and stated that it will revise its policy to ensure all communications for inmates on monitoring lists are properly translated, if applicable, and reviewed by trained staff. The BOP anticipates completing the policy revision by July 2008. The OIG’s Analysis.  The action planned by the BOP is responsive to the recommendation. However, the anticipated completion date is untimely. By December 1, 2006, please provide an earlier completion date or an explanation for the delayed date and the BOP’s interim plans to ensure that telephone calls for inmates on telephone monitoring lists (which include Alert calls) are translated and monitored during the policy revision period. Recommendation 8:  The BOP should ensure that it monitors 100 percent of the calls of inmates on the SIS telephone monitoring lists and translates all foreign language calls from inmates on this list.   Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation and referred to Recommendation 7 for its planned actions. The OIG’s Analysis.  Please see our analysis for Recommendation 7. Recommendation 9:  The BOP should review the frequency of the rotation and need for longer-term assignment of telephone monitor positions in SIS offices. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation and stated that it will review the roster rotation for the telephone monitor position because of the position’s importance in providing timely and proficient monitoring of telephone communications. The BOP anticipates a decision on the rotation policy by May 2007. The OIG’s Analysis.  The action planned by the BOP is responsive to the recommendation. Please provide a status report on the roster rotation review by December 1, 2006. Recommendation 10:  The BOP should ensure that foreign language telephone calls randomly selected for monitoring are translated either live or from the INTRUDR recordings. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP is conducting an internal assessment of language translation procedures and will decide whether to include random sampling or selection of foreign language telephone calls. The BOP anticipates a decision on translating foreign language telephone calls by June 2008. The OIG’s Analysis.  The action planned by the BOP is responsive to the recommendation. However, the anticipated completion date of the internal assessment and decision on randomly translating foreign language telephone calls is untimely. By December 1, 2006, please provide an earlier completion date or an explanation for the delayed date and your interim plans for ensuring that a meaningful percentage of foreign language telephone calls for inmates not on telephone monitoring lists will be translated during the internal assessment period. Recommendation 11:  The BOP should consider implementing audio recording of cellblock conversations of all Special Administrative Measures (SAMs) inmates and establish guidelines regarding when and under what circumstances to record these conversations. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that it will consult with the FBI to assess the current recording practices to determine if discretionary recording would be beneficial. The BOP will convey its final decision by May 2007. The OIG’s Analysis.  The action planned by the BOP is responsive to the recommendation. Please provide the status of the assessment of recording practices by December 1, 2006. Recommendation 12:  The BOP should consider periodically audio recording social visits of non-SAMs terrorist inmates and other selected high-risk inmates in institution visiting rooms. Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that it will assess the non-contact visitation process at ADX Florence. The BOP expects to provide the assessment, final decision, and implementation plan, if applicable, by March 2007. The OIG’s Analysis.  The action planned by the BOP is responsive to the recommendation. Please provide the status of the assessment by December 1, 2006. Recommendation 15:  The BOP should review the information sharing procedures at Metropolitan Correctional Center (MCC) New York and work with the FBI and the U.S. Attorney’s Office (USAO) to establish protocols for providing required inmate information about incoming terrorist and other high-risk inmates. The BOP should consider similar protocols at all MCCs and Metropolitan Detention Centers (MDC). Status.  Resolved – Open. Summary of the BOP’s Response.  The BOP concurred with the recommendation. The BOP stated that the Warden of MCC New York will work with the local FBI and USAO to develop protocols for sharing information about terrorist and other high-risk inmates. The Assistant Director of the Correctional Programs Division will review the protocols for possible application at the national level. The OIG’s Analysis.  The actions planned by the BOP are responsive to the recommendation. Please provide the status of the protocols by December 1, 2006.