Regulations last checked for updates: Nov 22, 2024

Title 28 - Judicial Administration last revised: May 20, 2024
§ 551.101 - Definitions.

(a) Pretrial inmate. For purpose of this rule, “pretrial inmate” means a person who is legally detained but for whom the Bureau of Prisons has not received notification of conviction. Thus, “pretrial inmate” ordinarily includes a person awaiting trial, being tried, or awaiting a verdict.

(1) Civil contempt, deportable aliens, or material witnesses. For purpose of this rule, an inmate committed for civil contempt, or as a deportable alien, or as a material witness is considered a pretrial inmate.

(2) Mental evaluation or treatment. An inmate committed under Title 18 U.S.C. Sections 4241 (b) and (d), 4242(a), or 4243(b) is considered to be a pretrial inmate, whereas commitments under Sections 4243(e), 4244, 4245 or 4246 are treated as convicted inmates.

(3) Concurrent federal and state sentences. For purpose of this rule, an inmate in a status described in paragraph (a) introductory text, (a)(1), or (a)(2) of this section and who is at the same time serving a state or federal sentence is not considered a pretrial inmate.

(b) Convicted inmate. For purposes of this rule, an individual a court has found guilty of an offense punishable by law.

authority: 5 U.S.C. 301; 18 U.S.C. 1512,3621,3622,3624,4001,4005,4042,4081,4082,1987,4161,1987,5006,1984,5039; 28 U.S.C. 509,510; Pub. L. 99-500 (sec. 209); Attorney General's May 1, 1995 Guidelines for Victim and Witness Assistance
source: 44 FR 38252, June 29, 1979, unless otherwise noted.
cite as: 28 CFR 551.101