JM 9-21.130
Prisoners in a State or Federal institution are eligible for participation in the Witness Security Program provided all other criteria are met. If the prisoner is in State custody, the State must agree to the prisoner serving his/her sentence in the custody of the BOP. The application should be made as prescribed for other witnesses; however, because there is no assessment of the risk to the public unless a witness is to be relocated in the community, there is also no need for a psychological evaluation nor an assessment of the risk to the public (normally submitted by the sponsoring attorney or investigative agency). No preliminary interview is conducted by the USMS until the prisoner is between six to nine months from release and is being considered for the full services of the Program - including relocation. If application is being made for the prisoner's family to be relocated while the prisoner is incarcerated, psychological evaluations and risk assessments are needed for all adult family members, and it must be demonstrated that there is no alternative to placement of the family in the Program at that time.