Scheme Nickname: 
Bureau of Prisons - Psychiatric Care and Hospitalization

Informal proceedings for determining the need for involuntary psychiatric evaluation, hospitalization, care, and treatment for persons in Bureau of Prisons custody. Hearings are generally conducted within the institution at which the inmate is held and is presided over by a psychiatrist who is not otherwise involved with the inmate's care. Decisions are subject to administrative appeal and hospitalization must not occur before the appeal has been decided. 28 CFR 549.45 - 549.46.

NOTE: There is a separate procedure under 18 USC Chapter 313 for involuntary psychiatric hospitalization based on a court order. That statute applies to people in BOP custody serving sentences of imprisonment. The procedures in this scheme are authorized by 18 U.S.C. 4042 and apply to persons of a different legal status (e.g. detainees subject to removal and material witnesses).

Types of Adjudication: 
Type B
Resources & Articles:
Verified by Agency: 
Not verified
Is this a Major Adjudication: