---
kind: "section"
citation: "28 C.F.R. § 551.71"
title: "28"
number: "551.71"
heading: "Procedures."
url: "https://uscodex.org/cfr/28/551.71"
---

# §551.71. Procedures.

- (a) The Warden may permit polygraph tests in connection with a State or Federal criminal felony investigation.
- (b) The Warden may permit polygraph tests in connection with misdemeanor offenses, civil proceedings, or any other matters. This type of request, however, is generally disapproved, absent a federal court order for the test.
- (c) The Warden may permit a polygraph test at the request of a defense counsel or other representative of the inmate. These requests are subject to the same standards and procedures applicable to testing by law enforcement officials.
- (d) The Warden may deny any request for testing which may disrupt the security or good order of the institution.
- (e) Upon written request to conduct a polygraph examination of an inmate, the Warden may approve the request if:
  - (1) The validity of the request and of the examining agency can be confirmed;
  - (2) The request complies with this section; and
  - (3) **The inmate gives written consent to the testing.**
- (f) If the request is approved, the Warden shall notify the requestor that he is responsible for meeting all state and local requirements in administering the test.
- (g) The Bureau of Prisons maintains a record in the inmate's central file of the polygraph test indicating the inmate's consent and the time and place of and the personnel involved in the testing.

## Notes

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Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166 (Repealed as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; Pub.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