---
kind: "section"
citation: "28 C.F.R. § 551.101"
title: "28"
number: "551.101"
heading: "Definitions."
url: "https://uscodex.org/cfr/28/551.101"
---

# §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](/cfr/18.md) U.S.C. Sections [4241 (b)](/cfr/28/4241.md?p=b) and [(d)](/cfr/28/4241.md?p=d), [4242(a)](/cfr/28/4242.md?p=a), or [4243(b)](/cfr/28/4243.md?p=b) is considered to be a pretrial inmate, whereas commitments under Sections [4243(e)](/cfr/28/4243.md?p=e), [4244](/cfr/28/4244.md), [4245](/cfr/28/4245.md) or [4246](/cfr/28/4246.md) 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)](#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.

## Notes

### Source

Source: 59 FR 60285, Nov. 22, 1994, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166 (Repealed as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; Pub.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

Source: 44 FR 38252, June 29, 1979, unless otherwise noted.