BOP Program Statement 5522.03: Whole Body Imaging

BOP Program Statement Update

BOP Program Statement 5522.03: Whole Body Imaging

This policy is used to help implement requirements and guidelines governing the use of Whole Body Imaging on inmates to reduce the risk of weapons and contraband within the prison system.

The Whole Body Imaging Program uses ionizing radiation to detect contraband. Each secure BOP facility is required to deploy a Whole Body Imaging scanner. Inmates are required to submit to testing. Inmates who refuse to be tested are subject to disciplinary action.

Since inmates receive radiation during each test, it is critical to ensure that the limit on the number of scans allowed per inmate is not exceeded. Supporters of Whole Body Imaging point out that the amount of radiation exposure per scan is microscopic. A typical chest x-ray has several hundred times more radiation exposure than a typical Whole Body Image scan.

Inmates are required to stand in front of the scanner with their legs spread slightly and arms extended. The scans take about eight seconds. The BOP has policies on who can view the images. Cross-gender viewing of scanned images is only permitted if the WBI system is equipped with BOP approved privacy filters. These filters protect images of the inmate’s personal anatomy from being viewed by members of the opposite gender. Investigative staff authorized by the Warden and of the same sex as the scanned inmate can look at images without the privacy filters. Also, any BOP staff can look at any images during an emergency.

Concerns:

Ionizing radiation can cause harm to humans. While small doses appear to be less harmful, there are no studies showing the impact of receiving Whole Body Imaging scans conducted on inmates leaving UNICOR facilities five days per week year after year.

While the BOP Program Statement requires Correctional Officers to use filtering software to prevent viewing of images of the opposite gender’s personal anatomy, inmates point out that many officers do not follow BOP policies in other areas. Why would they follow the BOP policies here? Recall that Whole Body Imaging scanners have been required at many U.S. airports since the attacks of 9/11/2001. Many TSA agents were caught making personal copies of the images they found during the tests. Many of these scanners were removed from airports because of the breach of trust by these federal agents.

BOP Program Statement 5200.04: Transgender Offender Manual

This policy is meant to provide guidance to staff in dealing with transgender inmates. Prisons must ensure transgender inmates can access programs and services to meet their needs. Sufficient resources must be allocated by the prison. Staff must be trained on the increased risk of suicide, mental health issues, and victimization of transgender inmates.

The Health Services Division oversees all medical and psychiatric activity as it applies to transgender inmates. Hormone or other medical treatment may be provided after an assessment of the inmate by institution medical staff.

Transgender inmates will be pat-searched in accordance with the gender of the institution. An exception can be obtained by the Warden and documentation of the exception is carried with the inmate at all times.

In deciding where a transgender inmate will live, the BOP staff have to determine “whether the placement would present management or security problems.” … “Transgender inmates shall be given the opportunity to shower separate from other inmates.”

Concerns:

The BOP already has a serious problem with trying to get people to live together in housing units. Many inmates are assaulted on a frequent basis because of their race, gang membership, or sex offender status. If the BOP has trouble mixing these groups of inmates, many question whether it can ever safely integrate transgendered inmates into the system.

The BOP’s financial resources are extremely limited. Many inmates are denied medical care because it is too expensive. Getting an MRI may only take a few days in the free world but can take six months in the BOP. Getting a simple pair of eyeglasses may only take a few days in the free world but can take a year or more in the BOP. Given that the financial resources are extremely limited, some worry that the transgendered population will be neglected. Others argue the transgendered community will get special treatment. 

BOP Program Statement Update

BOP Program Statement 5576.04:  Oleoresin Capsicum (OC) Aerosol Spray

This policy stems from the Eric Williams Correctional Officer Protection Act of 2015. The policy amends United States Code Title 18 and approves the Director of the Bureau of Prisons to issue Oleoresin Capsicum (OC) spray to officers of the BOP. The update is consistent with the Department of Justice’s Policy Statement on the Use of Less-Than-Lethal Devices. OC spray is only supposed to be used “when reasonable force, based on the totality of the circumstances at the time of the incident, is necessary to protect any person from physical harm.”

OC spray will not be routinely issued to correctional officers (CO’s) in minimum or low security prisons. Instead, the spray will be issued in high security institutions, medium security institutions, and administrative facilities.

The OC spray has an effective range of 10-12 feet under ideal circumstances. OC is inflammatory, causing a burning sensation to the skin, tearing and closing of the eyes, and swelling of the mucous membranes. 

DOJ CO’s “are prohibited from using less-than-lethal devices to punish, harass, or abuse any person.”

Concerns: 

There is a concern that arming the CO’s with OC spray will jeopardize the safety of the CO’s because inmates will periodically overwhelm the CO’s and obtain the OC spray. This will place the CO’s at risk.

Alternately, while there are many good CO’s in the BOP, there are some who are corrupt and will never follow all rules in program statements. Even though the CO’s are prohibited from using the OC spray to punish or abuse inmates, there is concern that the spray will ultimately be used in this manner.