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The OIG Report Into Jeffrey Epstein's Death: Background (Chapter 2 Part 2) · The Vault: The Epstein Files

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Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
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In this episode, we're going to pick up the conversation
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with the Inspector General's report into the death of Jeffrey
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Epstein and the circumstances surrounding it in the last episode
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we left off. After we were done discussing methodology, now
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comes applicable law regulations and BOP policy Section A Standards
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of Conduct. The Standards of Ethical Conduct for Employees of
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the Executive Branch sets out general principles that are designed
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to ensure that every citizen can have complete confidence in
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the integrity of the federal government. Among other things, these
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standards require that every federal employee use official time in
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an honest effort to perform official duties. The ethical regulations
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also mandate that federal employees not use federal property for
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other than authorized activities. BOP Policy Program Statement thirty four
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to twenty dot eleven Standards of Employee Conduct, imposes several
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additional standards of conduct on its employees. At all times,
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BOP employees must conduct themselves in a manner that fosters
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respect for the Bureau of Prisons, the Department of Justice,
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and the US government. Because in attention to duty in
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a correctional environment can result in escapes, assaults, and other incidents.
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BOP employees are required to remain fully alert and attentive
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during duty hours. BOP policy provides that employees can use
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government property for authorized purposes only, and further specifies that
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personal use of government office equipment, such as computers, will
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not take place during official working hours. BOP policy requires
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that employees obey the orders of their superiors at all times.
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Section B false statements and lack of candor Under federal law, whoever,
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in any matter within the jurisdiction of the Executive Branch
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of the Government of the United States, knowingly and wilfully
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makes or uses any false writing or document, knowing the
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same to contain any material, false, fictitious, or fraudulent statement
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or entry, has violated Title eighteen US Code, Section one
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zero zero one A and three. The terms knowingly and
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wilfully mean that the subject acted with the knowledge that
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the conduct was, in a general sense, prohibited by law.
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It is not required that the subject was aware of
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the existence of Section one zero zero one. Under the
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BOP standards of conduct discussed above, employees are required to
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cooperate fully with the investigations, which includes providing all pertinent
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information they may have and truthfully responding to questions. Part
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C Relevant BOP policies regarding the operation of correctional facilities
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one Special housing units. Shoes within BOP facilities are governed
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by Federal Regulations twenty eight CFR five forty one dot
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twenty one Dash five forty one dot thirty three. These
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regulations provide that the GOOP may establish shoes where inmates
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are securely separated from the general inmate population. These regulations
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and BOP Policy Program Statement fifty two seventy dot eleven
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Special housing units explain that inmates in the shoe are
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either on administrative detention or disciplinary segregation status. Administrative segregation
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status is a non punitive designation that removes an inmate
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from the general population whensis necessary to ensure the safety, security,
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and orderly operation of correctional facilities or protect the public.
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There are several reasons an inmate can be placed in
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administrative detention status, including when an inmate's presence in the
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general inmate population presents a threat to self or others,
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or when administrative detention status is necessary for the protection
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of the inmate assignment to the Shoe for protection reasons
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can be based on being a victim of an assault,
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acting or being perceived as an informant, refusing to enter
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general population, or because of staff concerns about the inmate safety.
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Inmates in the Shoe are securely separated from the general
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population inmates and are kept locked in their cell when
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in their assignedier within the Shoe. As discussed in greater
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detail in Chapter four, witnesses told the OIG that Shoe
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inmates are locked in their cells for approximately twenty three
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hours a day. BOP policy provides that weather and resources permitting,
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Shoe inmates will have the opportunity to exercise outside their
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quarters five hours per calendar week. Under federal regulations and
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BOP policy, Shoe inmates ordinarily have the opportunity to shower
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at least three times a week, typically on different days,
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in one hour periods. Shoe inmates may also be escorted
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from their cells by mcc New York staff for visits,
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including legal visits, court appearances, medical and psychological attention. The
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mcc new York Shoe post orders require that all visitors
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to the Shoe be documented in a visitor log and
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that any inmate visiting the shoe, such as inmates on
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work details, be searched visually and with a handheld metal
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detector without exception. The mcc New York Shoe Post Order
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also require that food cards be searched inside and out
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before being brought into a shoe cell block, and that
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all meals be delivered to each inmates cell through the
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food slot in the inmates lock cell door. BOP policy
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provides that inmates housed in the shoe for thirty continuous
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calendar days are to be examined and interviewed by a
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mental health staff member to assess the inmates' adjustment and
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the threat presented to self or others. BOP policy also
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requires that all staff assigned to the Shoe participate in
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quarterly training on, among other things, orderly supervision, suicide prevention,
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and security procedures relating to the unit. When a staff
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member is assigned to the shoe at the last minute
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and has not completed the quarterly training, the staff member
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must be advised of the general requirements of a shoe
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post and be permitted to ask questions about the duties. Two.
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Inmate accountability a headcount inmate counts serve as an important
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security function, and they enable CEOs to ensure that all
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inmates are accounted for and present at the appropriate location
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within the facility. BOP policy requires that each institution conduct
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at a minimum five official inmate counts during every twenty
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four hour period, and that on weekends and holidays, an
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additional account will be conducted at ten am. At least
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one counted day during the week, and two counts a
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day on weekends and holidays must be stand up counts,
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which means that inmates are required to stand when they
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are counted. Mcc new York Shoe post orders designate that
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counts must occur at twelve am, three am, five am,
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four pm, and that stand up counts are to be
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conducted at ten pm daily and also at ten am
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on weekends and federal holidays. The BOP requires that each
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count be conducted by at least two officers, one of
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whom will count the inmates while the other observes the
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unit for any unauthorized movement from the end of the tier.
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This requirement is also set out in the mcc new
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York Shoe post orders. The two officers will then switch
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rolls and compare the count numbers. If the totals do
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not match, then the officers must conduct another count in
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the same manner. When conducting the count, officers are required
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to observe each inmate's body and not rely solely on
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movement or sound. Officers conducting the count relay the count
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verbally to the control center, which maintains the master count
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of all inmates, and then remain in the unit until
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the control center accepts the count. If a count reported
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verbally does not match the master count, then the control
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center must not the operations lieutenant and the staff members
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must recount the inmates. If the second count does not
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match the master count, then the Operations lieutenant will order
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a bedbook count. That is, when inmates are counted using
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their picture cards, which are on file in the control center.
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A lieutenant must take at least one count in the
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morning and one in the evening. Correctional staff prepare count
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slips for each count, which must be prepared in inc,
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signed by both officers, and retained for thirty days. Count
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slips may not be altered. BOP policy provides that the
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official count will not be cleared until all count slips
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are received and verified in the control center. B thirty
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minute rounds. The BP uses additional accountability measures for inmates
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who are in administrative detention or disciplinary segregation IE for
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those detained in CHE. In such cases, a correctional staff
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member must observe all inmates at least twice an hour,
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once during the first thirty minutes eg. Twelve am to
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twelve thirty am, and again during the second thirty minutes eg.
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Twelve thirty am to one am. BOP policy provides that
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these rounds are to be conducted on an irregular schedule
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and no more than forty minutes apart. These same requirements
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for rounds are also described in the post orders for
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the MCC's New York Shoe ce documentation regarding inmate status
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and confinement. BOP policy also provides that each institution must
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prepare a daily change transfer sheet, which indicates changes to
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an inmate status, including housing and job assignments, and medical convalescence.
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The mcc New York Shoe post orders require that correctional
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staff assigned to the Shoe create a shoe file for
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each inmate housed in that unit, and that morning watch
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officers audit the inmate files every night. The MCC New
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York shoe post orders further specify that all pertinent information
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about an inmate's confinement should be noted on a special
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Housing unit record form BP two ninety two, and that
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shoe officers must maintain a log of pertinent information regarding
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inmate activity and enter such information into the BOP computer
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system true Scope, which provides institution staff with detailed inmate
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and institution security related information and provides unit officers an
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electronic of en log d sell searches. BOP policy requires
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that BOP staff routinely and irregularly search housing units, too,
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among other things, to maintain sanitary standards and eliminate safety hazards.
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The mcc New York shoe post orders require that officers
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assigned to the shoe conduct searches of the shoe common
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areas and cells, and that the entire shoe be searched
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every week. BOP policy and mcc new York shoe post
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orders require written documentation of each housing unit search. Three.
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Psychological screening a initial screening pursue it to BOP policy
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governing inmates in pre trial Detention Status program, All pre
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trial inmates must have an initial risk needs assessment screening
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within forty eight hours of admission to the institution. The
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goal of this screening is to determine the inmates security, medical, psychological,
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and or other special needs. The BOP also requires that
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institutions screen pre trial inmates returning from court, as events
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at court may alter the inmates separation and or security needs.
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BOP policy recognizes that there are often high security, high
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profile inmates who may present a significant threat to themselves
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or others, and that the need to identify and monitor
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these inmates regularly is paramount b suicide prevention. The BOP's
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suicide prevention program is governed by federal regulations twenty eight
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CFR Section five fifty two dot forty Dash five fifty
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two dot forty two, which require the BOP to establish
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a suicide prevention program to identify and manage potentially suicidal inmates.
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Pursuingto these regulations, when an inmate identified as being at
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risk for committing suicide, BOP staff must place the inmate
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on suicide watch until the inmate is no longer an
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eminent risk. BOP policy program Statement fifty three twenty four
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dot zero eight suicide Prevention program requires that medical staff
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screen all new inmates ordinarrowly within twenty four hours for
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signs of being suicidal. However, at MCCs among other facilities
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with high rates of admission and short lengths of stays,
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comprehensive psychological intake conducted by psychology services ordinarily will be
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performed only on inmates who are suspected of being suicidal
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or who appear psychologically unstable. Inmates in the Shoe are
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monitored more closely, and inmates exhibiting signs of potential suicide
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risk are referred to the shift lieutenant. BOP policy recognizes
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that inmates who are placed in the shoe due to
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a request for protective custody are at greater risk for
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committing suicide and should therefore be screened for suicidal ideation
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within seventy two hours of arriving in the shoe. BOP
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policy explicitly states that staff must never take lightly any
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inmate suicide threats. Any staff member who has reason to
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believe that an inmate may be suicidal should ordinarily maintain
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the inmate under direct continuous observation. Every BOP institution must
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have one or more rooms, ordinarily in the health services area,
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dedicated to inmates placed on suicide watch. Suicide Watch may
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be conducted by specially trained staff or inmates. For inmates
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placed on suicide watch, the specially trained staff or inmate
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maintains continuous observation of the inmate believed to be at
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risk of committing suicide. Following suicide watch and based on
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clinical findings, following a face to face evaluation, the inmate
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will be removed from suicide watch or transferred to a
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medical referral or a health care facility. Psychological observation is
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a less restrictive form of individual monitoring that is used
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for inmates who are stabilizing and not yet prepared for
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replacement in general population or restrictive housing. While on suicide watch,
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the inmate is normally required to wear a suicide watch
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gown and will be allowed a suicide watch blanket. As
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discussed in greater detail in Chapter four, witnesses told the
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OIG that an inmate is placed on suicide watch when
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the inmate is believed to be eminently suicidal. During suicide watch,
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the inmate is under constant observation by staff. The cell
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lights are on twenty four hours a day, and the
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inmate is given a special mattress, blankets, and a smock
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to wear. Although psychological observation is a lower classification. Witnesses
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told the OIG that at mcc new York, the psychological
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observation was the same as a suicide watch, except that
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inmates were allowed to have their clothing and some materials
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such as books as determined by the psychology department. At
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mcc new York, psychological observation was used to see how
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an inmate was doing before releasing the inmate to a
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housing unit. Four suicide response. Recognizing that failure to appropriately
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respond to an emergency can jeopardize the safety of staff
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and inmates and the security of the institution, the BOP
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Standards of Employee Conduct require that employees respond immediately, effectively,
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and appropriately during all emergency situations. The mcc new York
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General Housing Unit post orders outline the required response to
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a suspected inmate suicide. These orders require that mcc new
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York staff notify the Operations Lieutenant and Control Center of
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the situation. The orders further provide that once there is
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adequate staff present on immediate action must be taken to
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open the inmates airway and initiate CPR. Even if mcc
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new York staff believe that the inmate has been dead
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for a period of time. Mcc New York staff are
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to continue CPR until they are relieved by medical staff
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or another rescuer. The BOP policy governing crime scenes and
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the collection of evidence provides that the need to immediately
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attend to an apparent suicide victim, undertake life saving measures,
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and ensure inmate and staff safety take precedent over efforts
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to preserve a crime scene. Five Inmate Discipline. Federal Regulations
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twenty eight CED dot FR five forty one Dot one
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DASH five forty one Dot eight and BOP Policy establish
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an inmate discipline program which is designed to ensure the safety, security,
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and orderly operation of correctional facilities, as well as the
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protection of the public. The Inmate Discipline Program applies to
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all inmates in BOP custody, including inmates with pending criminal charges.
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One of the guiding principles of this program is that
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BOP staff are to take disciplinary action when and to
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such a degree as necessary to regulate the behavior of
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inmates to promote a safe and orderly institution. Tattooing or
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self mutilation is among the prohibited acts sanctioned through the
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Inmate Discipline Program. This prohibited act falls within the second
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most severe category of offenses on a four tier scale.
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The BOP defines tattooing or self mutilation as to put
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indelible patterns on the skin to injure, disfigure, or make
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imperfect by removing or irreparably damaging parts of the body.
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Risk cutting falls within this offense. The definition does not
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make an explicit reference to suicide attempts other than inclusion
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of risk cutting, among other things. BOP policy addressing the
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inmate's discipline program identifies the prohibited acts, describes the process
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for adjudicating violations and less applicable penalties for each category
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of offense as relevant to this matter. The discipline process
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begins when a staff member observes an inmate commit a
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prohibited act and issues a report documenting the incident. A
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BOP supervisor then investigates the alleged inmate misconduct, which includes
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taking a statement from the inmate regarding the incident. If
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an inmate appears to be mentally ill at any stage
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of the disciplinary process, a mental health staff member will
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examine the inmate and assess the inmate's competency to participate
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in the disciplinary process. If the inmate is found to
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be competent and the prohibited act falls into the first
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or second most severe category, the matter is referred to
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a discipline hearing officer, who will hold a hearing and
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make a determination as to whether the inmate committed the
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prohibited act, and, if so, impose any of the sanctions
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that correspond to the severity of the prohibited act. At
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the hearing, the inmate is advised of his or her
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rights and permitted to choose a staff representative, make a statement,
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and call witnesses. The inmate is also allowed to appeal
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the outcome through the BOP's Administrative Remedy Program. Six conditions
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of confinement a telephone calls. The Federal regulations twenty eight
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C dot F dot R five forty dot one hundred
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five forty dot one O six that govern telephone calls
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for inmates require that the warden of each BOP institution
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establish procedures to monitor inmate telephone conversations, which is done
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to preserve the security and orderly management of the institution
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and to protect the public for safety and security reasons.
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BOP Policy Program Statement P. Five two six four dot
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zero eight Inmate Telephone Regulations requires that all inmate telephone
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calls be made through the inmate telephone system. BOP policy
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recognizes that, on rare occasions, during times of crisis, inmates
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may be permitted to make a telephone call outside of
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the inmate telephone system. In such circumstances, the telephone must
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be placed in a secure area eg. A locked office,
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and must be set to record telephone calls. Additionally, the
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staff member coordinating the call must notify the BOPS Special
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Investigative Services via email, providing the inmate's name and register number,
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the date and time of the call, the number and
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name of the INN individual called, and the reason for
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the call. The Special Investigative Services must enter this information
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into the telephone recording system within seven days. B Personal effects,
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medication and linens. Federal regulations governing BOP shoes provide that
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inmates in administrative detention status ordinarily may have a reasonable
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amount of personal property. Under BOP policy regarding shoes, the
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personal property of shoe inmates may be limited or withheld
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for reasons of security, fire safety, or housekeeping. The BOP
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Chief Pharmacist issues medication each workday for inmates in the shoe.
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Restricted medications are administered to inmates during daily shoe rounds.
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Each institution determines the medication or medications the amount number
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of days an inmate in shoe may maintain in their cell.
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In US, mates may also purchase pre approved over the
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counter medications at the Commissary. MCC new York General Housing
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Units post orders provide that when an inmate is released
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or transferred out of a housing unit, the inmate will
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remove all limited and government issued clothing from the cell
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in which the inmate was previously housed. These post orders
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further specify that all cells are to be cleaned daily
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by inmates occupying the cell, and that blankets, towels, and
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other linens will not be used as rugs or hungover
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inmate bunk beds at any time. Pursuant to these post orders,
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MCC new York Housing Unit officers on all three ships
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are responsible for maintaining a high level of sanitation and
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a safe, clean environment. All right, folks. So that's going
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to wrap up chapter two, and the next time we
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get to it, we'll be talking about the timeline of
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key events in chapter three, alright, folks. Until then, all
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of the information that goes with the episode can be
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found in the description box