Federal Prisons: Additional Analysis Needed to Determine Whether to Issue Pepper Spray to Minimum Security Prisons

Within the Department of Justice, BOP is responsible for housing male and female federal inmates at 122 prisons in a safe environment for staff and inmates. Pepper spray is one of the methods BOP employees use to enhance their safety. The Eric Williams Correctional Officer Protection Act of 2015 includes a provision for GAO to examine certain matters related to the issuance of pepper spray to officers and employees in BOP prisons.

This report addresses (1) what is known about the effectiveness and cost of issuing pepper spray in BOP's high, medium, low, and administrative security prisons; (2) BOP's position on expanding the issuance of pepper spray to minimum security prisons and the support used to make this decision; and (3) the challenges, if any, BOP officials identified as affecting the safety of BOP employees and the steps, if any, BOP has taken to address them. To address these objectives, GAO reviewed BOP policies, guidance, incident reports, and cost data on pepper spray use and interviewed knowledgeable officials at BOP headquarters and nine prisons at three locations, selected to represent varying security levels and other characteristics.

Pepper spray is an effective tool for reducing the time needed to control incidents involving inmates and for reducing any related injury to Bureau of Prisons (BOP) employees, according to a 2012 BOP pilot study and BOP officials interviewed by GAO. BOP first issued pepper spray to employees in high security prisons in August 2012 and to medium, low, and administrative security prisons in subsequent years. Officials estimated that a canister of pepper spray costs $7 to $14. However, the total cost to purchase pepper spray and train employees on its use is not readily available because purchases are tracked at the prison level, and pepper spray training costs are commingled with other training costs.

BOP determined that it would not issue pepper spray to minimum security prisons. BOP headquarters officials stated that this decision was made because inmates at such prisons are usually nonviolent offenders, among other reasons. However, GAO's analysis of BOP data found 47 reported incidents that included assaults on staff and other inmates across BOP's seven minimum security prisons in 2018. In addition, 56 of 73 officials GAO interviewed said pepper spray should be expanded to minimum security prisons. BOP officials stated they were not aware of an analysis of incident data or other information to support its decision but said that the decision remains appropriate. However, by analyzing available data on incidents that have occurred at minimum security prisons, BOP could better inform its decision on whether to issue pepper spray to employees at minimum security prisons.

BOP officials rated the following factors as having the most significant impact on BOP employee safety, as shown in the figure below. BOP officials stated that they are taking steps to mitigate factors impacting safety.

GAO recommends that BOP conduct an analysis to determine if its decision to not issue pepper spray to minimum security prisons should remain in effect. The Department of Justice concurred with the recommendation.

The Bureau of Prisons (BOP), located within the Department of Justice  (DOJ), is responsible for confining offenders in a controlled, safe, and  humane prison environment, while providing a safe workplace where staff  can perform their duties without fear of injury or assault. One of the  methods BOP employees use to enhance their safety is carrying  Oleoresin Capsicum Spray, also known as pepper spray. Pepper spray  may be used to (1) incapacitate or disable disruptive, assaultive, or armed  inmates or others posing a threat to the safety of others, or posing a  threat to prison security and good order; and (2) prevent serious property  damage. In 2018, BOP issued a policy requiring pepper spray to be  issued to all staff working in high, medium, low, and administrative  security prisons.

In March 2016, the Eric Williams Correctional Officer Protection Act of  2015 was enacted and, among other things, includes a provision for GAO  to evaluate the effectiveness of issuing pepper spray to officers and  employees in BOP prisons that are not minimum or low security prisons;  evaluate the advisability of issuing pepper spray to officers and  employees in BOP minimum and low security prisons and the cost to do  so; and suggest ways to improve the safety of officers and employees in  BOP prisons. In this report, we address the following questions:  1.  What is known about the effectiveness and cost of issuing pepper  spray in BOP’s high, medium, low, and administrative security  prisons?  2.  What is BOP’s position on expanding the issuance of pepper spray to  minimum security prisons, and what level of support did the agency  use to arrive at this decision?  3.  What challenges, if any, from the perspective of BOP officials, affect  the safety of BOP employees, and what steps, if any, has BOP taken  to address them?

To address each of our three objectives, we visited a total of nine of the  122 BOP-managed prisons at three different locations—United States  Penitentiary Atlanta (Georgia) which contains medium, minimum, and  administrative security prisons; Federal Correctional Complex Coleman  (Florida) which contains high, medium, low, and minimum security  prisons; and Federal Medical Center Devens (Massachusetts) which is an  administrative medical prison with a minimum security prison. We  selected these prisons to visit based on their missions, co-location of  multiple security levels, and participation in BOP’s pilot study on pepper  spray that was conducted from August 2012 through December 2013. We  visited a total of one high, two medium, one low, three minimum, and two  administrative security level prisons. During our site visits to these nine  prisons, we interviewed 90 BOP employees from a range of roles,  including wardens and executive staff, union officials, correctional  officers, and medical or health care staff within the prisons. In addition,  we toured the prisons and observed corrections activities to better  understand the working environment. Our observations and discussions  with officials during our site visits are not generalizable, but they provided  valuable insight into the effectiveness of pepper spray, whether pepper  spray should be issued to minimum security prisons, and factors  impacting the safety of BOP employees in prisons.

To describe what is known about the effectiveness and cost of issuing  pepper spray in high, medium, low, and administrative security prisons,  we reviewed BOP’s policy on the issuance of pepper spray to officers and  employees in high, medium, low, and administrative security prisons, as  well as reports and other documentation regarding the use and  effectiveness of pepper spray in federal prisons. We also reviewed BOP’s  pepper spray guidance and the results of BOP’s pilot study on pepper  spray. Additionally, we reviewed BOP data from incident reports involving  pepper spray use in federal prisons from 2016 through 2018. To  determine the reliability of data from BOP’s incident reports and pepper  spray pilot study, we reviewed data system documentation, such as the  user manual for TRUINTEL—BOP’s database that captures information  on incidents—and interviewed agency officials about data quality. We  determined that the data were sufficiently reliable for purposes of  describing the characteristics of BOP prisons, the number and kinds of  incidents, and the reported impact of the use of pepper spray on incident  containment times and BOP employee injuries.

We also interviewed BOP headquarters officials; wardens and their  executive staff; correctional officers; union officials; and medical or health- care staff, among others, about the effectiveness of pepper spray.  Additionally, we analyzed fiscal years 2017 through 2019 BOP budget  data, where available, on the costs of pepper spray and related training.  We chose the time frames for the incident reports and cost data because  it allowed us to obtain information about the use of pepper spray before  and after the enactment of the Eric Williams Correctional Officer  Protection Act of 2015.

To respond to our inquiry on the cost of pepper spray and its related  training, BOP headquarters officials sent out a data call to each of its 122  prisons. According to BOP headquarters officials, all prisons submitted  cost data. However, we found the data to be of undetermined reliability.  Specifically, we were not able to independently validate data provided by  BOP on the costs of pepper spray and related training. This information is  recorded by 122 individual prisons at the local level, and some of the  pepper spray related training costs are commingled with broader training  costs. Further, according to BOP budget officials, individual prisons may  capture the cost of pepper spray and related training differently. Finally,  we interviewed BOP internal affairs officials about inappropriate use of  force incidents that involved pepper spray. We analyzed documentation  of incidents to determine how they were adjudicated.

To describe BOP’s position on expanding the issuance of pepper spray to  minimum security prisons, and assess the level of support BOP used to  arrive at this decision, we reviewed BOP’s existing policy regarding  issuing pepper spray to officers and employees at minimum security  prisons. We also assessed BOP’s decision on not issuing pepper spray to  minimum security prisons against BOP policy and Standards for Internal  Control in the Federal Government. Further, we analyzed data from  BOP’s TRUINTEL database for calendar year 2018 on the number of  incidents at minimum security prisons. We determined that the data were  sufficiently reliable for capturing information on incidents. Additionally, we  interviewed BOP officials at headquarters and at the prison level— including wardens and their executive staff, correctional officers, union  officials, and health-care staff, among others who work in the prisons—to  obtain their perspectives about issuing pepper spray to employees at  minimum security prisons.

To determine what challenges, if any, from the perspective of BOP  officials, affect the safety of BOP employees, and what steps, if any, BOP  has taken to address them, we interviewed a total of 90 BOP  employees—four BOP headquarters officials; 18 wardens and their  executive staff; 10 union officials; and 58 other officials, including  correctional officers and health-care staff. Specifically, we interviewed  BOP headquarters officials, wardens and their executive staff, and union  officials about 15 selected factors that may affect the safety of BOP  employees and officers in prisons. We asked these officials to rate  whether each factor had a significant, moderate, slight, or no impact on  the safety of BOP employees. We then asked them to describe the efforts  planned or under way, if any, to improve safety in BOP prisons. We also  reviewed BOP documents and the BOP Director’s November 2019  testimony before the Senate Judiciary Committee on plans that  addressed these concerns.

We conducted this performance audit from May 2019 to June 2020 in  accordance with generally accepted government auditing standards.  Those standards require that we plan and perform the audit to obtain  sufficient, appropriate evidence to provide a reasonable basis for our  findings and conclusions based on our audit objectives. We believe that  the evidence obtained provides a reasonable basis for our findings and  conclusions based on our audit objectives.

BOP is a component of DOJ and is responsible for housing male and  female federal inmates in a controlled, safe, and humane prison  environment while also providing a safe workplace for employees. BOP  operates 122 prisons across the United States. These prisons are  characterized by five security levels: high, medium, low, minimum, and  administrative. Table 1 below provides a description of each of these  security levels and the number of prisons at each.

According to BOP data, in fiscal year 2019, BOP housed 149,701 inmates  in its prisons. During this same time, the BOP employed 32,525  employees, of which 15,664 were correctional officers with responsibility  for the day-to-day supervision of the inmates.

According to a July 2012 BOP memorandum, BOP was approved to  conduct a pilot study on pepper spray. The goals of the pilot were to  increase the safety of staff and inmates when responding to incidents  involving violence and to prevent injury to staff and inmates due to an  assault or serious resistance to staff control. BOP began issuing pepper  spray at high security prisons in August 2012 as part of its pilot study. In  February 2015, BOP issued a program memorandum requiring  employees in high, medium, and administrative security prisons to carry  pepper spray. Further, in September 2018, BOP issued a program  statement that expanded pepper spray to employees in low security  prisons. Figure 1 provides a more detailed time line of events on the use  of pepper spray in BOP prisons, including requirements under the Eric  Williams Correctional Officer Protection Act of 2015.

BOP Policies for Issuing and Using Pepper Spray, Providing Training, and Reporting Incidents

Pepper spray is a natural inflammatory agent that can cause coughing,  tearing, and discharge of excessive mucous when deployed in the facial  region. According to BOP training guidance and policy, pepper spray is to  be used in incidents that require an immediate use of force (for example,  an unplanned use of force because of an attack on staff or an inmate) or  a calculated use of force in which employees have time to coordinate  their response (for example, when an inmate refuses to vacate his or her  cell). For calculated uses of force, employees are to consult medical  personnel to determine if an inmate has a medical condition that will  exempt the inmate from being pepper sprayed.

BOP policy states that employees should receive initial training on pepper  spray and annual refresher training. In training, employees are taught  effective tactical communication for using pepper spray; use of force  policy; how to use pepper spray; and the decontamination process,  among other topics. According to BOP’s Use of Force and Application of  Restraints policy, a prison’s warden may authorize the use of chemical  agents, such as pepper spray, only under the following situations: (1) the  inmate is armed or barricaded; or, (2) the inmate cannot be approached  without danger to self or others; and (3) it is determined that a delay in  bringing the situation under control would constitute a serious hazard to  the inmate or others or would result in a major disturbance or serious  property damage. Pepper spray, moreover, should only be used when all  other reasonable efforts to resolve a situation have failed.

This policy further states that staff shall appropriately document incidents  involving the use of pepper spray using BOP’s Form 583—Use of Force  Report. Form 583 contains fields to enter the date and time of the  incident; inmates and staff involved; injuries; medical reports; a  description of the incident; and other information, such as the existence of  video of the incident. The form is to be completed by the lieutenant on  duty at the time of the incident and sequentially forwarded to the captain,  assistant warden, warden, and regional office for review.

After a Form 583 is completed, the warden, associate warden, health  services administrator, and captain at the prison, collectively, conduct an  after-action review of the incident to determine if the pepper spray was  used in accordance with policy. Results of the after-action review are  documented on BOP’s Form 586—After Action Report. According to BOP  headquarters officials, in addition to documenting the results of the after- action review, a completed Form 586 often includes recommendations on  how to improve the response to such incidents in the future. Incident data  captured on Forms 583 and 586 are maintained in BOP’s TRUINTEL  database.

Protective Equipment Worn and Tools Used by BOP Employees

To enhance BOP employee safety, BOP provides its employees with a  variety of protective equipment. BOP generally requires employees  working within the secure prison perimeter to carry a radio, body alarm,  pepper spray (as appropriate), and keys while on duty. These items are  usually checked out from the control center using a chit—a small, brass,  circular token inscribed with the BOP employee’s first initial and last  name. As of March 2020, some employees also wear stab-resistant vests  to help enhance their safety. Although BOP employees are furnished  with protective equipment, their first line of defense to protect themselves  against an inmate is expected to be their verbal communication with the  inmate. BOP policy, training documents, and officials state that effective  communication with inmates is essential to officer safety. Figure 2 depicts  some of the protective equipment worn by BOP employees operating  within the secure prison perimeter of prisons.

Issuance of Pepper Spray for Prison Employees Is Broadly Reported as Effective, and Agency-wide Costs of Pepper Spray Are Not Clear

BOP Pilot Study and Staff Indicate That Pepper Spray Has Been Effective in Enhancing Safety of BOP Employees

BOP conducted a pilot study on the issuance of pepper spray from  August 2012 through December 2013 at selected high-security prisons.  To conduct its study, BOP compared injury sustained by staff and  inmates data from immediate use of force incidents in which pepper spray  was used to similar incidents in which pepper spray was not used. BOP  found that pepper spray was effective in helping to reduce containment  time—the amount of time it takes to bring an incident under control—and  injury rates. Specifically,  containment time of incidents decreased from an average of 4.3  minutes when pepper spray was not used to 2.7 minutes when it was  used. This is a reduction of 1.6 minutes in containment time; pepper spray was used mostly in incidents involving two or more  inmates, such as fights and assaults. When pepper spray was used,  the rate at which staff received no injury increased by 9 percent  compared to when pepper spray was not used. Further, the rate at  which staff received minor and moderate injury declined by 60 and 76  percent, respectively, compared to when pepper spray was not used;  and  the inmate injury rate rose slightly, by 2.6 percent, primarily in minor  injuries when pepper spray was used; however, BOP concluded this  change was not statistically significant.

All 90 of the BOP employees we spoke with from United States  Penitentiary Atlanta, Federal Correctional Complex Coleman, and Federal  Medical Center Devens indicated that pepper spray has been effective in  enhancing safety as well as deterring incidents. Generally, these  employees noted that pepper spray (1) reduces staff injuries because  staff do not have to physically engage with inmates as often to break up  incidents, (2) strongly deters incidents from occurring, and (3) allows  employees to break up incidents more quickly than if they did not have  pepper spray. Pepper spray is not as effective for a small percentage of  inmates, such as those with mental illness or those who are under the  influence of drugs or alcohol, according to some BOP employees.

According to BOP data, in 2018, pepper spray was used in 1,680  incidents as follows: 993 incidents in high security prisons; 557 incidents  in medium security prisons; 22 incidents in low security prisons; and 108  incidents in administrative security prisons.

Some Allegations of Inappropriate Use of Pepper Spray Have Been Resolved, while Others Remain Under Investigation

Officials from BOP’s Office for Internal Affairs stated that 179 allegations  of inappropriate use of force incidents that involved pepper spray were  reported from August 2012 through September 2018. Among these  cases, BOP’s Office for Internal Affairs has investigated and closed 86.  Among these 86 closed cases, investigators found that 21 involved an  inappropriate use of pepper spray and were adjudicated in various ways  (see table 2). The remaining 93 allegations were still being investigated  as of January 2020.

BOP-wide Costs for Pepper Spray Are Relatively Low, and Some Costs Are Commingled with Other Expenses

According to BOP data, the total cost for pepper spray–specifically the  cost to purchase pepper spray canisters and train employees in its use— was approximately $300,000 in fiscal year 2018, which was relatively  small compared to BOP’s overall budget. BOP headquarters officials  told us that because pepper spray cost information is maintained at the  prison level, it would be overly burdensome for them to independently  validate the data. Nonetheless, the cost information we received provides  a general sense on the extent of costs.

Canisters. Officials estimated that a canister of pepper spray costs $7 to  $14. Canisters of pepper spray have a shelf-life of approximately 5 years  and, according to a BOP headquarters official, are purchased in bulk. As  a result, pepper spray does not necessarily need to be purchased on an  annual basis. According to BOP officials, each BOP prison contracts with  its own supplier rather than using a national contract across all of BOP.  BOP headquarters officials told us that pepper spray costs vary across  vendors and locations, among other factors. Each BOP prison is  responsible for recording and tracking its own budget data on the cost of  procuring, training, and issuing BOP employees pepper spray. According  to BOP officials, this approach is intended to lower the costs of pepper  spray, based on the premise that each prison is able to secure the best  market price for pepper spray for its location and for the volume of  canisters needed from the vendor.

Training. Prison officials told us that pepper spray refresher training is  combined with other employee training, making it difficult for them to  provide us with specific cost for pepper spray training. All BOP staff are  required to take initial and annual refresher training on the use of pepper  spray. The initial training lasts about 4 hours, while the annual refresher  training lasts about 2 hours.

BOP Decided Not to Issue Pepper Spray at Minimum Security Prisons, but Has Not Conducted an Analysis to Support Its Decision

BOP issued a program statement in September 2018, which states that  pepper spray is not to be issued to employees working at minimum  security prisons. However, the senior BOP officials we interviewed—none  of whom said they were involved directly in the policy decision—told us  they do not believe the explanatory documentation of the decision to not  issue pepper spray to minimum security prisons exists. Officials stated  that the decision was likely made for several reasons: inmates at  minimum security prisons are usually nonviolent offenders, incidents at  minimum security prisons are usually very minor and do not require the  use of pepper spray, the concern that public perception of using pepper  spray on inmates at minimum security prisons would not be positive, and  canisters of pepper spray would expire before they would be used at  minimum security prisons.

BOP officials we spoke with also stated that inmates at minimum security  prisons are less likely than inmates at other security level prisons to  become involved in incidents because they do not want to be reassigned  to a higher security prison. We found, nonetheless, that BOP’s  TRUINTEL database shows that incidents do occur at these prisons— some of which have led to assaults, minor injuries and death. Based on  our analysis of BOP incident data from TRUINTEL, we found that in 2018  there were 47 reported incidents in the seven BOP minimum security  prisons. These incidents included assaults on staff and other inmates;  sexual harassment; and fighting, among others. Five of the incidents  resulted in minor injuries to 10 BOP employees, and 18 incidents resulted  in minor injuries to inmates. Further, one incident led to an inmate fatality.  Additionally, during our site visits, 56 out of 73 officials across various  security levels stated that deployment of pepper spray should be  expanded to minimum security prisons because it would give employees  an additional tool to protect their safety.

BOP headquarters officials told us they believe the agency’s decision to  not issue pepper spray to minimum security prisons remains appropriate.  Regarding the 47 incidents that occurred at minimum security prisons in  2018, officials stated that many of the confrontational incidents occurring  at these prisons can be handled using verbal commands.

While a decision to not issue pepper spray at minimum security prisons  may be justified based on an analysis of relevant information, BOP  officials could not provide documentation of such analysis to support its  decision. This analysis could include assessing available incident data at  minimum security prisons and determining whether any of the incidents  could have been prevented or handled more effectively if the officer on  duty was carrying pepper spray. Additionally, BOP employee  perspectives on issuing pepper spray at minimum security prisons is  another possible source of relevant information that could be included in  an analysis to inform BOP’s decision.

BOP issued policies in 2015 and 2018 that stated that while the preferred  method of resolving issues with inmates is through a verbal intervention,  there are instances where other means will be required to restore order.  In addition, the policies state that the safety of staff, inmate(s), or others  in any dangerous encounter is paramount and that the use of force— including use of pepper spray—may be needed to ensure safety.

According to Standards for Internal Control in the Federal Government,  management should use quality information to make informed decisions  and to evaluate the entity’s performance in achieving key objectives and  addressing risks—in this case, the possible safety risks to BOP  employees and inmates. By conducting an analysis on available BOP  data on incidents that have occurred at minimum security prisons,  employee perspectives on the value of having pepper spray at such  prisons, and other relevant data, such as cost data, as appropriate, BOP  would have useful data with which to inform its decision on whether or not  to authorize pepper spray for employees at minimum security prisons.

BOP Reported a Number of Challenges to Ensuring Officer Safety and Is Taking Steps to Help Mitigate Them

BOP Officials at Selected Prisons Reported Challenges, including Understaffing and Inmate Drug Use, That Affect BOP Employee Safety

Four BOP headquarters officials, 18 wardens and their executive staff,  and 10 union officials rated the potential impact of 15 selected factors  (see app. I) on the safety of BOP employees in prisons. BOP officials  rated the following five factors as having the most significant impact on  BOP employee safety in prisons: (1) corrections officer understaffing, (2)  disruptive inmate behavior due to illegal drugs, (3) inmate use of  unauthorized communication devices, (4) inmate gangs, and (5)  insufficient corrections training. See figure 3 for a diagram of the top five  factors identified across the different groups of BOP officials who  responded to the structured questions. Across all three groups,  corrections officer understaffing was rated among the top five factors. No  other factor was equally represented. For at least two groups, inmate use  of unauthorized communication devices, disruptive inmate behavior due  to illegal drugs, and insufficient information-sharing among managers and  staff were rated among the top five factors.

When asked to identify any additional challenges beyond the selected  factors we included, BOP officials we interviewed stated they were not  aware of other challenges.

BOP Headquarters and Prison-Level Officials Are Taking Steps to Address Reported Challenges

BOP officials told us that they are taking steps to mitigate some of the  challenges officials we interviewed indicated are impacting employee  safety in prisons. Officials identified the following:  Corrections officer understaffing. Corrections officer understaffing  refers to the staffing level—usually measured by the inmate-to-staff  ratio—being too low to adequately prevent violence and maintain a safe  prison. Among the BOP headquarters officials, wardens and their  executive staff, and union officials we interviewed, two underlying reasons  generally cited for understaffing conditions were hiring freezes and  difficulty recruiting new correctional officers due to low starting salaries.  According to the BOP Director’s testimony before the Senate Judiciary  Committee in November 2019, building adequate staffing at BOP prisons  is one of her highest priorities. The Director stated that BOP established 10-percent recruitment, relocation, and retention  incentives for hard-to-fill positions; established a higher entry pay scale for experienced new correctional established a 5-percent nationwide retention incentive for retirement- used 3,000 temporary positions to help ensure seamless succession  planning by avoiding the lag to hire someone to fill a position.

We issued a report in December 2017 on BOP’s use of retention  incentives. At that time, we found that BOP had taken steps to determine  workforce needs and how to fill those needs but had not strategically  planned for and evaluated its use of retention incentives. We  recommended that BOP include in its strategic human capital operating  plan (1) human capital goals; and (2) strategies on how human capital  flexibilities, including retention incentives, will be used to achieve these  goals. We also recommended that BOP evaluate the effectiveness of its  use of retention incentives to determine whether the incentives have  helped achieve BOP’s human capital goals or if adjustments in retention  incentives are needed. DOJ concurred, and BOP implemented our first  recommendation by drafting a human capital plan with goals and  strategies for how retention incentives could be used to meet those goals.  To implement our second recommendation, BOP conducted an analysis  of its use of retention incentives and their effect on retaining BOP  employees.

Disruptive inmate behavior due to illegal drugs. According to BOP  officials, some inmates obtain illegal synthetic drugs by mail. These drugs are sprayed onto inmate mail and other documents before being sent to  the inmate in prison. Inmates burn the mail to get high off of the synthetic  drug. In addition to the threat to the inmate population posed by inmates  who are behaving under the influence of the drugs, entry of these drugs  can expose staff—including those handling the mail—-to hazardous  chemicals. In an effort to stop illegal drugs from entering prisons by this  method, according to BOP officials we spoke with and the BOP Director  in her November 2019 testimony, some prisons are photocopying mail  before it is delivered to inmates. For example, officials at one prison we  visited told us they photocopy inmates’ mail. Further, a BOP headquarters  official stated that BOP is piloting various mail-scanning technologies  aimed at reducing the number of drugs entering prisons.

Inmates’ use of unauthorized communication devices. According to  BOP officials and the BOP Director’s testimony, inmates’ possession of  cell phones is a major problem. BOP officials stated that, in an effort to  stop the unauthorized use of cell phones, some prison officials are using  specialized equipment to detect cell phone usage and are exploring  options to use cell phone jammers. We reported in September 2011 that  BOP and selected state officials told us that cell phones were a major  security concern because they allow inmates to hold unmonitored  conversations, for example, to sell drugs or harass individuals. We  recommended that BOP’s Director formulate evaluation plans for cell  phone detection technology to aid decision-making, require BOP staff to  use these plans, and enhance regional collaboration with states. DOJ  concurred with our recommendations, and BOP addressed them by  developing policy and testing procedures to improve their ability to  evaluate new technology. BOP also established plans to enhance  collaborative information-sharing with state and local agencies on  combating cell phone smuggling and use.

Working in a federal prison presents inherent risks. Since 2018, BOP has  authorized the use of pepper spray at all prison security levels with the  exception of minimum security prisons. BOP’s issuance of pepper spray  was supported by evidentiary information—that is, its pilot study indicated  that pepper spray was an effective tool for enhancing staff safety.  Notably, BOP’s current policy on pepper spray allowance does not extend  to minimum security prisons. While BOP was not able to provide us with a  documented analysis behind the nonissuance to minimum security  prisons, the officials we interviewed made several arguments in support  of the decision. While their arguments may hold merit, we found evidence  based on our limited analysis that appears to question their underlying  decision.

To the extent that officials are operating under assumptions not fully  examined, BOP is missing a potential opportunity to enhance the safety  of its correctional officers. We believe that our concerns are amplified by  our finding that a majority of BOP frontline employees want pepper spray  expanded to minimum security prisons. Similar to the decision to issue  pepper spray to other levels was based on pilot information, BOP has an  opportunity to bring—either for or against issuance—a better case  forward. Analyzing available data on incidents that have occurred at  minimum security prisons, such as determining whether any of them  could have been prevented or handled more effectively with pepper  spray, and considering BOP employees’ perspectives, BOP could inform  its decision whether to authorize pepper spray for employees at these  prisons.

We are making the following recommendation to BOP:  The Director of BOP should conduct an analysis, using available incident  and cost data, and other information as appropriate, to determine if the  current decision to not issue pepper spray to minimum security prisons  should remain in effect. (Recommendation 1)

We provided a draft of this product to DOJ, including BOP, for review and  comment. DOJ concurred with our recommendation and told us they had  no comments on the draft report. DOJ did provide technical comments,  which we incorporated as appropriate.

We are sending copies of this report to the appropriate congressional  committees, the Attorney General, the BOP Director, and other interested  parties. In addition, the report will be available at no charge on the GAO  website at http://www.gao.gov.

If you or your staff have any questions about this report, please contact  me at (202) 512-8777 or goodwing@gao.gov. Contact points for our  Offices of Congressional Relations and Public Affairs may be found on  the last page of this report. GAO staff who made key contributions to this  report are listed in appendix III.

Appendix I: BOP Employee and Officer Safety Structured Questions

Throughout our audit work, we asked Bureau of Prisons (BOP) officials  with whom we interviewed at the headquarters and selected prisons  about factors that impact the safety of BOP employees, as well as efforts,  if any, they had made to mitigate those factors. We specifically targeted  three groups of BOP personnel—BOP headquarters, wardens and their  executive staff, and union officials—to rate the impact of 15 selected  factors on employee safety at the groups and by prison security level. We  then analyzed their responses and identified the top five factors that these  BOP officials identified as having an impact on employee safety. We  received responses from four BOP headquarters officials, 18 wardens  and their executive staff, and 10 union officials. Officials were provided  the structured questions (see below) in advance of the site visit, and the  team recorded their responses during the interview.

We held one interview with four Bureau of Prisons (BOP) headquarters  officials, nine interviews with 18 wardens and their executive staff, and  seven interviews with 10 union officials about 15 selected factors that  impact the safety of BOP employees, using a structured questions set  (see app. I). These officials’ responses, which are broken down by group  and security level, are presented in the figures below.

Appendix III: GAO Contact and Staff Acknowledgments

In addition to the contact named above, Brett Fallavollita (Assistant  Director), Sonja S. Ware (Analyst-in-Charge), Anthony DeFrank, and  Emily Martin made key contributions to this report. Willie Commons III,  Elizabeth Dretsch, Eric Hauswirth, and Susan Hsu also contributed to this  work.

Pepper spray can be used in prisons to control incidents that lead to injuries or deaths of workers and inmates.

In September 2018, the Bureau of Prisons decided it wouldn’t use pepper spray at minimum security prisons, but didn’t document a reason. Bureau officials said it was likely because of public perception, and because minimum security inmates are usually nonviolent offenders.

The Bureau has a database that tracks incidents—e.g., fights, assaults—at minimum security prisons. Pepper spray costs $7-14 per can, plus additional costs for training on its use.

We recommend that the Bureau use incident and cost data to reevaluate its decision.