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Open Recommendations (32 total)

Bureau of Prisons: Additional Actions Needed to Improve Restrictive Housing Practices

GAO-24-105737
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1 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should develop and implement a process to routinely analyze administrative remedy program data. (Recommendation 7)
Open
BOP concurred with this recommendation and said it would take steps to implement it. When we confirm what actions BOP has taken in response to this recommendation, we will provide updated information.

Bureau of Prisons: Enhanced Data Capabilities, Analysis, Sharing, and Risk Assessments Needed for Disaster Preparedness

GAO-22-104289
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1 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should ensure that the plans to make financial and property management data systems interoperable incorporate the newly established analytic features, as appropriate, to ensure that project information is collected systematically. (Recommendation 4)
Open
BOP did not concur with this recommendation. In its January 2022 comment letter, BOP stated that it believes that incorporating the recommended features into a system not designed for this type of analysis could require additional funding and that it already has process in place to monitor projects through its contract monitoring process. We agree that any features that BOP incorporates should be cost-effective and feasible. Given that BOP is currently working to make its data systems interoperable, which includes incorporating new features and requirements, the timing presents an opportunity for BOP to consider the costs and feasibility of incorporating the analytic features and take steps to incorporate those that it determines are cost-effective and feasible. Further, while BOP does have processes in place to monitor individual maintenance and repair projects, its mechanisms to oversee projects overall across the agency could be improved. In February 2023, BOP provided an update noting that that the implementation of the interoperable systems will begin at the end of fiscal year 2023 and that it does not plan to implement the enhancements we recommended at this point, due to inherent difficulties. In November 2023, BOP provided an update that the implementation is delayed and will begin in February 2024 and be completed by June 2024. Although BOP does not plan to implement the enhancements we recommended at this point, BOP noted that it will conduct a cost-benefit analysis of adding the analytical features and will determine the timeframes of this analysis once BOP transitions to the new interoperable systems. We maintain that implementing this recommendation remains important and we will continue to monitor BOP's efforts.

Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System

GAO-23-105139
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1 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should evaluate its evidence-based recidivism reduction programs, according to the plan established. (Recommendation 5)
Open
In March 2023, we reported that BOP missed dates it previously set to conduct evaluations of its evidence-based recidivism reduction programs. To help address this issue, we recommended that BOP evaluate its programs, according to the plan established. BOP concurred with this recommendation. In response, in September 2023, BOP officials stated that it had initiated and was actively conducting research on 15 evidence-based recidivism reduction programs. BOP stated that its evaluation of evidence-based recidivism reduction programs would be ongoing and evolving, as BOP would be continuously working to evaluate and re-evaluate its programs. To fully address this recommendation, BOP should provide documentation that it is initiating its evaluations of evidence-based recidivism reduction programs on time and that the evaluations include pre-established, quantifiable goals that align with the First Step Act.

Bureau of Prisons: Additional Actions Needed to Improve Restrictive Housing Practices

GAO-24-105737
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2 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should develop and implement a process to address any identified patterns of noncompliance related to restrictive housing policies and other areas of program weaknesses. (Recommendation 8)
Open
BOP concurred with this recommendation and said it would take steps to implement it. When we confirm what actions BOP has taken in response to this recommendation, we will provide updated information.
Bureau of Prisons The Director of BOP should develop and execute an approach to fully implement all the 2014 and 2016 restrictive housing reports recommendations. For each recommendation that has not yet been implemented, the approach should include assigning implementation responsibility to appropriate officials, establishing a time frame for completion, and monitoring progress. In instances where BOP does not concur with a 2014 recommendation or deems it impractical, it should document its rationale and the alternative steps, if any, it plans to take. (Recommendation 1)
Open
BOP concurred with this recommendation and said it would take steps to implement it. When we confirm what actions BOP has taken in response to this recommendation, we will provide updated information.

Bureau of Prisons: Enhanced Data Capabilities, Analysis, Sharing, and Risk Assessments Needed for Disaster Preparedness

GAO-22-104289
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1 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should, once the financial and property management data systems are interoperable, regularly conduct an analysis of trends using the established analytic features, as appropriate, and make changes, when warranted, to avoid unnecessary delays or costs. (Recommendation 5)
Open
BOP did not concur with this recommendation. In its January 2022 comment letter, BOP stated that it believes that establishing the recommended features into a system not designed for this type of analysis could require additional funding and that it already has process in place to monitor projects through its contract monitoring process. We agree that any features that BOP establishes should be cost-effective and feasible. Given that BOP is currently working to make its data systems interoperable, which includes developing new features and requirements, the timing presents an opportunity for BOP to consider the costs and feasibility of establishing and incorporating the analytic features to determine which features would be most feasible and cost-effective, and take steps to incorporate them. Further, while BOP does have processes in place to monitor individual maintenance and repair projects, its mechanisms to oversee projects overall across the agency, such as analyzing trends across projects, could be improved. In February 2023, BOP provided an update noting that that the implementation of the interoperable systems will begin at the end of fiscal year 2023 and it does not plan to implement the enhancements we recommended at this point, due to inherent difficulties. In November 2023, BOP provided an update noting that the implementation of the interoperable system is delayed and will begin in February 2024 and will be completed by June 2024. Although it does not plan to implement the enhancements we recommended at this point, BOP noted that it will conduct a cost-benefit analysis of adding the analytical features and will determine the timeframes of this analysis once BOP transitions to the new interoperable systems. We maintain that implementing this recommendation remains important and we will continue to monitor BOP's efforts.

Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System

GAO-23-105139
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3 Open Recommendations
3 Priority
Agency Affected Recommendation Status
Bureau of Prisons
Priority Rec.
The Director of BOP should develop a mechanism to monitor, on an ongoing basis, if it is offering a sufficient amount of evidence-based recidivism reduction programs and productive activities to meet the needs of its incarcerated population. (Recommendation 6)
Open
In March 2023, we reported that BOP does not have a mechanism to monitor, on an ongoing basis, if it is offering a sufficient amount of evidence-based recidivism reduction programs and productive activities to meet the needs of the incarcerated population at each facility. To help address this issue, we recommended that BOP develop such a mechanism and BOP concurred. In September 2023, BOP officials stated they were in the process of developing a First Step Act Dashboard, which would display the level of needs and the amount of programming available to meet those needs at each facility. According to these officials, the First Step Act Dashboard would allow BOP to monitor trends, increase areas of emphasis, and shift focus and resources. In February 2024, BOP officials stated the initial construction of the dashboard was completed in the first quarter of fiscal year 2024, and they are working with the contractor to troubleshoot data access limitations. Upon resolution of the limitations, officials stated the dashboard will then be customized to meet the needs for executive-level purposes. To fully address this recommendation, BOP will need to fully implement a mechanism that it can use to monitor if it is offering a sufficient amount of evidence-based recidivism reduction programs and productive activities to meet the needs of its incarcerated population at each facility.
Bureau of Prisons
Priority Rec.
The Director of BOP should document a complete list of all the unstructured productive activities that incarcerated people are able to participate in and earn First Step Act time credits. (Recommendation 7)
Open
In March 2023, we reported that BOP did not list the unstructured productive activities in its First Step Act Approved Programs Guide, or otherwise document a complete list of unstructured productive activities. To help address this issue, we recommended that BOP document a complete list of all the unstructured productive activities that incarcerated people are able to participate in and earn First Step Act time credits. BOP did not concur with this recommendation. In response to our report, BOP stated that it was not statutorily required to document such a list, and such action would not be useful or feasible. While the First Step Act and implementing regulations do not explicitly require BOP to document a complete list, the Act and regulations do provide an opportunity for eligible incarcerated people to earn First Step Act time credits if they successfully participate in programs or productive activities recommended based on their risk and needs assessment. Subsequently, BOP officials stated that they revised the First Step Act Approved Programs Guide in September 2023 to clarify that incarcerated people earn First Step Act time credits based on their "opt-in status." According to the guide, incarcerated people may begin opt-in status upon completion of all needs assessment surveys. Further, the guide states that a person would be in opt-out status-and not earn time credits-if the person refuses to complete any of the initial need assessments, declines recommended programming that correspond to an identified need, refuses to participate in the Financial Responsibility Program, is placed in disciplinary segregation, or during a period of absence (such as when an individual leaves a designated institution for an entire calendar day or more). However, according to BOP's program statement, eligible incarcerated people who successfully participate in evidence-based recidivism reduction programs or productive activities, including unstructured productive activities, may earn time credits. It further states that successful participation requires a determination by BOP staff that an eligible person has participated in the evidence-based recidivism reduction programs or productive activities that BOP has recommended based on the individual's risk and needs assessment and the individual has complied with the requirements of each program or productive activity. In February 2024, BOP officials stated that unstructured productive activities do not have an impact on opt-in status, and that opt-in status is how BOP defines "successful participation" for the purposes of First Step Act time credits. These officials stated that the "opt-in/opt-out" model was adopted for a variety of reasons. For example, the regulations state that incarcerated people should not be penalized by factors outside their control, such as unavailability of a recommended program at their facility. In February 2024, BOP officials stated they are aware of the inaccuracies in the program statement and are in the process of revising it, with a goal to complete internal development in 2024. The intent of our recommendation is for BOP to be transparent in a process that BOP has established in policy. To fully address this recommendation, BOP will need to either document a list of unstructured productive activities or update its policy to reflect these changes.
Bureau of Prisons
Priority Rec.
The Director of BOP should collect and monitor participation data for unstructured productive activities that incarcerated people are able to participate in and earn First Step Act time credits. (Recommendation 8)
Open
In March 2023, we reported that BOP did not collect or monitor participation data on unstructured productive activities that incarcerated people are able to participate in and earn First Step Act time credits. We recommended that BOP collect and monitor such data. BOP did not concur with this recommendation. In response to our report, BOP stated that it was not statutorily required to do so, nor would it be helpful, to monitor these activities. While the First Step Act and implementing regulations do not explicitly require BOP to monitor these activities, the Act and regulations do provide an opportunity for eligible incarcerated people to earn First Step Act time credits if they successfully participate in programs or productive activities recommended based on their risk and needs assessment. In February 2024, BOP officials stated that unstructured productive activities do not have an impact on opt-in status, and that opt-in status is how BOP defines "successful participation" for the purposes of First Step Act time credits. BOP revised its First Step Act Approved Programs Guide in September 2023 to clarify this point. However, this is not consistent with BOP's program statement that states eligible incarcerated people who successfully participate in evidence-based recidivism reduction programs or productive activities, including unstructured productive activities, may earn time credits. It further states that successful participation requires a determination by BOP staff that an eligible person has participated in the evidence-based recidivism reduction programs or productive activities that BOP has recommended based on the person's risk and needs assessment and the person has complied with the requirements of each program or productive activity. BOP officials stated they are aware of the inaccuracies in the program statement and are in the process of revising it, with a goal to complete internal development in 2024. To fully address this recommendation, BOP will need take these actions or update its policy to reflect these changes.

Bureau of Prisons: Opportunities Exist to Better Assist Incarcerated People with Obtaining ID Documents Prior to Release

GAO-23-105302
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1 Open Recommendations
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should ensure that BOP policy requires BOP facility staff to record complete and consistent data on whether or not incarcerated people possess each type of ID document. (Recommendation 2)
Open
In December 2022, we reported on the Federal Bureau of Prisons' (BOP) efforts to assist incarcerated individuals with obtaining identification (ID) documents. We found that in 2018, BOP began recording the ID document status of incarcerated people in its case management system, but some BOP data related to ID status were not collected in a complete or consistent way. For example, BOP did not contain the ID status for 10 percent of people released from 2018 through 2021. In addition, we found that BOP may not have consistent data on what it means when it reports that a person has an ID document. Consequently, we recommended that BOP should ensure that its policy requires BOP facility staff to record complete and consistent data on whether or not incarcerated people possess each type of ID document. In response, as of September 2023 and again in January 2024, BOP officials stated they are revising its policy (Program Statement on Unit Management and Inmate Program Review), which will require employees to record relevant data. To fully address this recommendation, BOP should finalize this new policy and provide it to us for review.
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