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Federal regulations · Through 2026-08-25 · Newer source version available

28 CFR 551.101: Definitions.

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Where this section sits in the code
  1. Title 28—Judicial Administration
  2. CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE
  3. SUBCHAPTER C—INSTITUTIONAL MANAGEMENT
  4. PART 551—MISCELLANEOUS
  5. Subpart J—Pretrial Inmates

(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.

Collected 2026-08-27T02:25:14Z. Source file · JSON

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