## U.S. Department of Justice

Federal Bureau of Prisons

## PROGRAM REVIEW DIVISION

Washington. DC 20534

June 30, 2025

MEMORANDUM FOR

ASSISTANT INSPECTOR GENERAL
INVESTIGATIONS DIVISION



FROM: Acting Section Chief External Audits, Planning, and Analysis Section

SUBJECT: Status Update to the Office of Inspector General's (OIG) Final Report dated June 26, 2023: Investigation and Review of the Federal Bureau of Prisons' Custody, Care, and Supervision of Jeffrey Epstein at the Metropolitan Correctional Center in New York, New York

The Federal Bureau of Prisons (BOP) appreciates the opportunity to provide a response to the Office of the Inspector General's above referenced memorandum received on April 2, 2025. The Bureau has completed its review of the analysis and offers the following status update regarding the analysis and its recommendations.

Recommendation One: The BOP should implement a process for assigning a cellmate following suicide watch or psychological observation, with criteria for exceptions based on the particular individual or security considerations.

OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described the revisions it is making to Program Statement 5321.09 to address the recommendation. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the OIG will consider whether to close this recommendation after the BOP (1) finalizes policy revisions referenced in its update, and (2) provides the finalized policy to the OIG for review.

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BOP Response: As indicated in OIG's analysis of the BOP's previous status update, Program Statement 5321.09, Unit Management and Inmate Program Review, will be modified to address the recommendation. These revisions must follow the normal policy development and Union negotiation process. Because revisions to Program Statements must follow the normal BOP development and Union negotiation process, they are subject to change. The BOP will provide further updates as they become available.

Recommendation Two: The BOP should establish procedures to ensure inmates at high risk for suicide and for whom a cellmate is recommended will continue to have a cellmate until the recommendation is changed or rescinded, including establishing a contingency plan for cellmate re-assignment, with criteria for exceptions based on the particular individual or security considerations.

OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described revisions it is making to Program Statement 5321.09 to address the recommendation. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the O16 will consider whether to close this recommendation after the BOP (1) finalizes policy revisions referenced in its update, and (2) provides the finalized policy to the OIG for review.

BOP Response: As indicated in OIG's analysis of the BOP's previous status update, Program Statement 5321.09, Unit Management and Inmate Program Review, will be modified to address the recommendation. These revisions must follow the normal policy development and Union negotiation process. Because revisions to Program Statements must follow the normal BOP development and Union negotiation process, they are subject to change. The BOP will provide further updates as they become available.

Recommendation Three: The BOP should evaluate its current process for obtaining and documenting approval for social or legal visits while an inmate is on suicide watch or psychological observation, which allows for institution-specific variations in the process, and provide guidance on standard components that each institution should include in its process to mitigate security issues that can arise when an inmate is on suicide watch or psychological observation.

OIG Analysis: The BOP's update is responsive to the recommendation. The BOP has described revisions it is making to Program Statement 5324.08 to address the recommendation. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the O16 will consider whether to close this recommendation after the BOP (1) finalizes policy revisions referenced in its update, and (2) provides the finalized policy to the OIG for review.

BOP Response: The BOP is in the process of revising Program Statement 5324.08, Suicide Prevention Program, to address the recommendation, and has indicated that these revisions must follow the normal policy development and Union negotiation process. Because revisions to

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Program Statements must follow the normal BOP development and Union negotiation process, they are subject to change. The BOP will provide further updates as they become available.

## Recommendation Four: The BOP should evaluate its methods of accounting for inmate whereabouts and wellbeing and make changes as may be appropriate to improve those methods through policy, training, or other measures.

OIG Analysis: The GOP's update is responsive to the recommendation. The BOP has described revisions it is making to Program Statement 5500.14 to address the recommendation. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the OIG will consider whether to close this recommendation after the BOP (1) finalizes the policy revisions referenced in its update; and (2) provides the finalized program statement to the OIG for review.

BOP Response: The BOP is in the process of revising Program Statement 5500.14, Correctional Services Procedures Manual, to address the recommendation, and these revisions must follow the normal policy development process. Because revisions to Program Statements must follow the normal BOP development and Union negotiation process, they are subject to change. The BOP will provide further updates as they become available.

## Recommendation Five: BOP policy should clarify what is required of a Lieutenant when conducting a round.

OIG Analysis: The GOP's update is responsive to the recommendation. The BOP has described revisions it is making to Program Statement 5500.14 to address the recommendation. The BOP also previously indicated that the policy revisions will require Lieutenants to conduct training sessions that allow for individual assessment and training regarding conducting rounds to be tailored to the needs of each individual facility. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the OIG will consider whether to close this recommendation after the BOP (1) finalizes the policy revisions referenced in its update; and (2) provides the finalized program statement to the OIG for review.

BOP Response: The BOP is in the process of revising Program Statement 5500.14, Correctional Services Procedures Manual, to address the recommendation, and these revisions must follow the normal policy development process. Because revisions to Program Statements must follow the normal BOP development and Union negotiation process, they are subject to change. The BOP will provide further updates as they become available.

Recommendation Six: The BOP should continue to develop and implement plans to address staffing shortages at its prisons.

OIG Analysis: The GOP's update is responsive to the recommendation. The BOP has reported that it has implemented the staffing tool for all professions, but that it is still working on several

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other initiatives regarding staffing, including analyzing the agency's usage and effectiveness of both recruitment and retention incentives, analyzing whether the new incentives and nation-wide direct hire authority mentioned in its update above have made an impact on the staffing shortage, and establishing a nationwide special salary rate for institution positions. In this update, the BOP reported that it has analyzed its use of staffing incentives and found notable improvement in overall employee retention rates as a result of such incentives. However, the BOP further reported that due to budgetary constraints, the BOP is reducing or eliminating our use of incentives effective March 23, 2025.

The OIG will continue to monitor the GOP's progress regarding staffing shortages at its prisons. In addition, per the OIG's communications with the BOP, we believe that certain information that the BOP has provided or will provide to Congress and the Government Accountability Office (GAO) will facilitate the resolution and closure of this recommendation. Accordingly, we will consider whether to close this recommendation after the BOP (1) provides the OIG any additional contractor and BOP work product that has been submitted to the GAO in response to the GAO Staffing Audit recommendations,; (2) provides the OIG an update on its use and analysis of staffing incentives and any efforts to seek additional funding to continue to pursue staffing incentives; (3) provides the OIG any additional reports submitted to Congressional appropriation committees related to staffing; and (4) provides the OIG with an update on the salary proposal submitted to OPM, including whether OPM has approved or disapproved of the pay table proposals.

BOP Response: OIG indicates that it will consider whether to close this recommendation after the Bureau:

## 1. Provides the OIG any additional contractor and BOP work product that has been submitted to the GAO in response to the GAO Staffing Audit recommendations.

The BOP has not provided any additional work products to GAO.

## 2. Provides the OIG an update on its use and analysis of staffing incentives and any efforts to seek additional funding to continue to pursue staffing incentives.

As stated in the previous response, the analysis has been completed as the Bureau has begun to achieve its four identified goals with the increase in retention incentive spending. While it was noted in the previous response an analysis was still pending for FY 2024 new hires, an analysis was conducted from FY2021 to FY2023, and it noted an increase of 4.6% in retention rate from 83.5% to 88.1%. However, it should be noted that in an effort to remain within the Agency's fiscal parameters, the BOP implemented significant reductions and eliminations of retention incentives agencywide in March 2025. These changes were necessary to ensure financial solvency and operational continuity. The BOP plans to continue to seek funding to reinstate incentives, and/or seek funding for special salary rates to retain staff in the BOP.

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## 3. Provides the OIG any additional reports submitted to Congressional appropriation committees related to staffing.

No additional reports have been submitted to Congressional appropriation committees related to staffing.

## 4. Provides the OIG with an update on the salary proposal submitted to OPM, including whether OPM has approved or disapproved of the pay table proposals.

OPM has not provided any updates, to include approval or disapproval, of the pay table proposals. Currently funding is not available to support BOP's request.

Recommendation Eight: The BOP should enhance existing policies regarding institutional security camera systems to ensure they specifically state that such systems must have the capacity to record video and that BOP institutions must conduct regular security camera system functionality checks.

OIG Analysis: The BOP's update is responsive to the recommendation. The OIG reviewed the BOP's new Security Camera Monthly Report and appreciates the progress the BOP has made in creating this form and instituting the new monthly reporting process. The BOP has described revisions it is making to Program Statements 5500.14 and 4200.12 to address the recommendation. The BOP has indicated that these revisions must follow the normal BOP development and Union negotiation process. Accordingly, the OIG will consider whether to close this recommendation after the BOP (1) finalizes the policy updates referenced in its update; and (2) provides the finalized policies to the OIG for review.

BOP Response: Program Statements 5500.15, Correctional Services Manual, and 4200.12, Facilities Operations Manual, are being modified to include protocols and ensure accountability regarding various aspects of the Bureau's camera systems, including but not limited to functionality, documentation, and repair. Because revisions to Program Statements must follow the normal development and Union negotiation process, they are subject to change. The Bureau will provide further updates as they become available.

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