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Subpart D-Release of Inmates

Prior to a Weekend or Legal

Holiday $571.30 Purpose and scope.

The Bureau of Prisons may release an inmate whose release date falls on a Saturday, Sunday, or legal holiday, on the last preceding weekday unless it is necessary to detain the inmate for another jurisdiction seeking custody under a detainer, or for any other reason which might indicate that the inmate should not be released until the inmate's scheduled release date.

(a) The release authority for inmates convicted of offenses occurring prior to November 1, 1987 is pursuant to 18 U.S.C. 4163. The number of days used under 18 U.S.C. 4163 may not be added to the number of days remaining to be served to release an inmate "as if * * * on parole" (18 U.S.C. 4164) who would otherwise have been released by expiration of sentence.

(b) The release authority for inmates sentenced under the provisions of the Sentencing Reform Act of the Comprehensive Crime Control Act of 1984 for offenses committed on/or after November 1, 1987 is pursuant to 18 U.S.C. 3624(a).

the Warden to the U.S. Pardon Attorney. This procedure allows institution staff to forward with the application the necessary supplemental information (for example, sentencing information, presentence report, progress report, pertinent medical records if the petition involves the inmate's health, etc.). Except as provided in paragraph (b) of this section, no Bureau of Prisons recommendation is to be forwarded with the package of material submitted to the U.S. Pardon Attorney.

(b) When specifically requested by the U.S. Pardon Attorney, the Director, Bureau of Prisons shall submit a recommendation on the petition. Prior to making a recommendation, the Director may request comments from the Warden at the institution where the inmate is confined. Upon review of those comments, the Director will forward a recommendation on the petition to the U.S. Pardon Attorney.

(c) When a petition for commutation of sentence is granted by the President of the United States, the U.S. Pardon Attorney will forward the original of the signed and sealed warrant of clemency evidencing the President's action to the Warden at the detaining institution, with a copy to the Director, Bureau of Prisons. The Warden shall deliver the original warrant to the affected inmate, and obtain a signed receipt for return to the U.S. Pardon Attorney. The Warden shall take such action as is indicated in the warrant of clemency.

(1) If a petition for commutation of sentence is granted, institutional staff shall recalculate the inmate's sentence in accordance with the terms of the commutation order.

(2) If the commutation grants parole eligibility, the inmate is to be placed on the appropriate parole docket.

(d) When a petition for commutation of sentence is denied, the U.S. Pardon Attorney ordinarily notifies the Warden, requesting that the Warden notify the inmate of the denial.

(54 FR 49070, Nov. 28, 1989)

Subpart E-Petition for Commutation of Sentence

$571.40 Purpose and scope.

An inmate may file a petition for commutation of sentence in accordance with the provisions of 28 CFR part 1.

(a) An inmate may request from the inmate's case manager the appropriate forms (and instructions) for filing a petition for commutation of sentence.

(b) When specifically requested by the U.S. Pardon Attorney, the Director, Bureau of Prisons will forward a recommendation on the inmate's petition for commutation of sentence. [47 FR 9756, Mar. 5, 1982)

[47 FR 9756, Mar. 5, 1982, as amended at 57 FR 34663, Aug. 5, 1992]

Subpart F-Fines and Costs

$ 571.41 Procedures.

(a) Staff shall suggest that an inmate who wishes to submit a petition for commutation of sentence do so through

SOURCE: 48 FR 48971, Oct. 21, 1983, unless otherwise noted.

$571.50 Purpose and scope.

This subpart establishes procedures for processing a fine, or fine and costs ordered by the court with respect to an inmate convicted of an offense committed before November 1, 1987. When the court orders a prisoner's confinement until payment of a fine, or fine and costs under 18 U.S.C. 3565, the Bureau of Prisons shall confine that inmate until the fine, or fine and costs are paid, unless the inmate qualifies for release under 18 U.S.C. 3569.

(a) An inmate held on the sole basis of his her inability to pay such fine, or fine and costs, and whose non-exempt property does not exceed $20.00 may request discharge from imprisonment on the basis of indigency (see 18 U.S.C. 3569).

(b) Under 18 U.S.C. 3569, the determination of indigency may be made by a U.S. Magistrate Judge. Where the U.S. Magistrate Judge makes a finding of non-indigency based on the inmate's application for a determination of his ability to pay the committed fine, or fine and costs, staff shall refer the application to the appropriate United States Attorney for the purpose of making a final decision on the inmate's discharge under 18 U.S.C. 3569. It is to be noted that 18 U.S.C. 3569 provides for confining an inmate for nonpayment of a committed fine, or fine and costs. (63 FR 4357, Jan. 28, 1998]

$571.52 Procedures committed fines.

(a)(1) Promptly after the inmate's commitment, staff shall inform the inmate that there is a committed fine, or fine and costs on file, as part of the sentence. Staff shall then impound the inmate's trust fund account until the fine, or fine and costs is paid, except

(i) The inmate may spend money from his/her trust fund account for the purchase of commissary items not exceeding the maximum monthly allowance authorized for such purchases.

(ii) Staff may authorize the inmate to make withdrawals from his/her trust fund account for emergency family, emergency personal needs or furlough purposes.

(2) This rule of impounding an inmate's trust fund account applies only when the inmate is confined in a federal institution. It does not apply to a federal inmate confined in a state institution or a contract communitybased facility.

(b) If the inmate pays the committed fine, or fine and costs, or staff have verified payment, staff shall document payment in the appropriate file and release the inmate's trust fund account from impoundment.

(c) Staff shall interview the inmate with an unpaid committed fine at least 75 days prior to the inmate's release date. Staff shall explain to the inmate that to secure release without paying the committed fine, or fine and costs in full, the inmate must make an application, on the appropriate form, to the U.S. Magistrate Judge for determination as to whether the inmate can be declared indigent under 18 U.S.C. 3569.

(63 FR 4357, Jan. 28, 1998]

$571.51 Definitions.

(a) Fine- a monetary penalty associated with an offense imposed as part of a judgment and commitment. There are two types of fines.

(1) Committed fine- a monetary penalty imposed with a condition of imprisonment until the fine is paid.

(2) Non-committed fine- a monetary penalty which has no condition of confinement imposed.

(b) Costs—Monetary costs of the legal proceeding which the court may levy. Imposition of costs is similar in legal effect to imposition of a fine. The court may also impose costs with a condition of imprisonment. (48 FR 48971, Oct. 21, 1983, as amended at 63 FR 4357, Jan. 28, 1998]

$571.53 Determination of indigency by

U.S. Magistrate-inmates in federal

institutions. (a) An inmate with a committed fine, or fine and costs who is imprisoned in a federal institution may make application for a determination of indigency directly to the U.S. Magistrate Judge in the district where the inmate is imprisoned under 18 U.S.C. 3569.

(b) After completion of the application, staff shall offer to forward the

or

completed forms and any other appli- Subpart G-Compassionate Re. cable information the inmate chooses

lease (Procedures for the Im to the U.S. Magistrate Judge.

plementation of 18 U.S.C (c) If the U.S. Magistrate Judge finds 3582(c)(1)(A) and 4205(g)) that the inmate is indigent, the U.S. Magistrate Judge will administer the

SOURCE: 59 FR 1238, Jan. 7, 1994, unless othoath to the inmate. The inmate shall

erwise noted. be released no earlier than the regularly established release date.

$571.60 Purpose and scope. (d) If the U.S. Magistrate Judge finds Under 18 U.S.C. 4205(g), a sentencing that the inmate is not indigent, Bureau court, on motion of the Bureau of Pris staff shall forward a referral package ons, may make an inmate with a minto the appropriate United States Attor- imum term sentence immediately eli. ney for a final determination as to the gible for parole by reducing the mininmate's ability to pay the committed imum term of the sentence to time fine, or fine and costs.

served. Under 18 U.S.C. 3582(C)(1)(A), 2

sentencing court, on motion of the Di[63 FR 4357, Jan. 28, 1998]

rector of the Bureau of Prisons, may

reduce the term of imprisonment of an $571.54 Determination of indigency by

inmate sentenced under the ComU.S. Magistrate Judge-inmates in contract community-based facilities

prehensive Crime Control Act of 1984. or state institutions.

The Bureau uses 18 U.S.C. 4205(g) and 18

U.S.C. 3582(C)(1)(A) in particularly ex(a) Inmates with a committed fine, or traordinary

compelling cirfine and costs may be transferred to cumstances which could not reasonably contract community-based facilities, have been foreseen by the court at the state institutions as boarders, or state time of sentencing. institutions for service of federal sentences running concurrently with state

$571.61 Initiation of request-extraor. dinary

compelling cirsentences.

cumstances. (b) Inmates with a committed fine, or

(a) A request for a motion under 18 fine and costs may be committed di

U.S.C. 4205(g) or 3582(c)(1)(A) shall be rectly to contract community-based fa

submitted to the Warden. Ordinarily, cilities or state institutions as board

the request shall be in writing, and ers or may be designated to state insti

submitted by the inmate. An inmate tutions for service of federal sentences

may initiate a request for considerrunning concurrently with state sen

ation under 18 U.S.C. 4205(g) or tences.

3582(c)(1)(A) only when there are par(c) An inmate with a committed fine, ticularly extraordinary or compelling or fine and costs who is imprisoned in circumstances which could not reasona contract community-based facility or ably have been foreseen by the court at state institution and desires to make the time of sentencing. The inmate's application for a determination of abil- request shall at a minimum contain ity to pay the committed fine, or fine the following information: and costs under 18 U.S.C. 3569 may

(1) The extraordinary or compelling make application directly to the U.S.

circumstances that the inmate believes Magistrate Judge.

warrant consideration. (d) Upon receipt of a finding by the

(2) Proposed release plans, including U.S. Magistrate Judge that the inmate

where the inmate will reside, how the

inmate will support himself/herself, is not indigent, Bureau staff shall for

and, if the basis for the request inward a referral package to the appro

volves the inmate's health, informapriate United States Attorney for a

tion on where the inmate will receive final determination as to the inmate's

medical treatment, and how the inability to pay the committed fine, or

mate will pay for such treatment. fine and costs.

(b) The Bureau of Prisons processes a [63 FR 4357, Jan. 28, 1998)

request made by another person on behalf of an inmate in the same manner

or

as an inmate's request. Staff shall refer a request received at the Central Office or at a Regional Office to the Warden of the institution where the inmate is confined.

inmate's term of imprisonment to time served.

(b) Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 4205(g), the Warden of the institution where the inmate is confined shall schedule the inmate for hearing on the earliest Parole Commission docket. Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution where the inmate is confined shall release the inmate forthwith.

(c) In the event the basis of the request is the medical condition of the inmate, staff shall expedite the request at all levels.

$571.62 Approval of request.

(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only after review of the request by the Warden, the Regional Director, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.

(1) The Warden shall promptly review a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of the request determines that the request warrants approval, the Warden shall refer the matter in writing with recommendation to the Regional Director.

(2) If the Regional Director determines that the request warrants approval, the Regional Director shall prepare a written recommendation and refer the matter to the Office of General Counsel.

(3) If the General Counsel determines that the request warrants approval, the General Counsel shall solicit the opinion of either the Medical Director or the Assistant Director, Correctional Programs Division depending upon the nature of the basis of the request. With this opinion, the General Counsel shall forward the entire matter to the Director, Bureau of Prisons, for final decision.

(4) If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate's sentence to time served. If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the tencing court on behalf of the Director of the Bureau of Prisons to reduce the

$571.63 Denial of request.

(a) When an inmate's request is denied by the Warden or Regional Director, the disapproving official shall provide the inmate with a written notice and statement of reasons for the denial. The inmate may appeal the denial through the Administrative Remedy Procedure (28 CFR part 542, subpart B).

(b) When an inmate's request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) is denied by the General Counsel, the General Counsel shall provide the inmate with a written notice and statement of reasons for the denial. This denial constitutes a final administrative decision.

(c) When the Director, Bureau of Prisons, denies an inmate's request, the Director shall provide the inmate with a written notice and statement of reasons for the denial within 20 workdays after receipt of the referral from the Office of General Counsel. A denial by the Director constitutes a final administrative decision.

(d) Because a denial by the General Counsel or Director, Bureau of Prisons, constitutes a final administrative decision, an inmate may not appeal the denial through the Administrative Remedy Procedure.

sen

8571.64 Ineligible offenders.

The Bureau of Prisons has no authority to initiate a request under 18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed in Bureau of Prisons facilities or D.C. Code offenders confined in federal institutions. The Bureau of Prisons cannot initiate such a motion on behalf of federal offenders who committed their offenses prior to November 1, 1987, and received non-parolable sentences.

Subpart H-Designation of Of

fenses for Purposes of 18 U.S.C. 4042(C)

SOURCE: 63 FR 69387, Dec. 16, 1998, unless otherwise noted.

8571.71 Purpose and scope.

The Director of the Bureau of Prisons is required to provide release and registration information (offender's name, criminal history, projected address, release conditions or restrictions) to state/local law enforcement and registration officials at least five calendar days prior to release of offenders who have been convicted of certain sexual offenses listed in 18 U.S.C. 4042(c)(4)(A) through (D). Under 18 U.S.C. 4042(c)(4)(E), the Attorney General is authorized to designate additional offenses as sexual offenses for the purpose of sex offender release notification and other related purposes. This authority has been delegated to the Director.

encouraging use of a minor for prostitution purposes, incest);

(5) An attempt to commit any of the actions described in paragraphs (a)(1) through (4) of this section.

(b) The following Defense Incident Based Reporting System (DIBRS) Code offenses under the Uniform Code of Military Justice:

(1) 120A (Rape);
(2) 120B1/2 (Carnal knowledge);
(3) 125A (Forcible sodomy);
(4) 125B1/2 (Sodomy of a minor);

(5) 133D (Conduct unbecoming an Officer (involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor));

(6) 134-B6 (Prostitution involving a minor);

(7) 134-C1 (Indecent assault);

(8) 134-C4 (Assault with intent to commit rape);

(9) 134-C6 (Assault with intent to commit sodomy);

(10) 134-R1 (Indecent act with a minor);

(11) 134-R3 (Indecent language to a minor);

(12) 134-S1 (Kidnaping of a minor (by a person not a parent));

(13) 134-Z (Pornography involving a minor);

(14) 134-Z (Conduct prejudicial to good order and discipline (involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor));

(15) 134-Y2 (Assimilative crime conviction (of a sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor)).

(16) 080-A (Attempt (to commit any offense listed in paragraphs (b)(1)

-15) of this section));

(17) 081-A (Conspiracy (to commit any offense listed in paragraphs (b)(1) (15) of this section));

(18) 082-A (Solicitation (to commit any offense listed in paragraphs (b)(1) (15) of this section)).

(c) The following District of Columbia Code offenses:

(1) $ 22-501 (Assault) if it includes assault with the intent to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse;

$571.72 Additional designated of.

fenses. The following offenses are designated as additional sexual offenses for purposes of 18 U.S.C. 4042(c):

(a) Any offense under the law of any jurisdiction that involved:

(1) Engaging in sexual contact with another person without obtaining permission to do so (forcible rape, sexual assault, or sexual battery);

(2) Possession, distribution, mailing, production, or receipt of child pornography or related paraphernalia;

(3) Any sexual contact with a minor or other person physically or mentally incapable of granting consent (indecent liberties with a minor, statutory rape, sexual abuse of the mentally ill, rape by administering a drug or substance);

(4) Any sexual act or contact not identified in paragraphs (a)(1) through (3) of this section that is aggressive or abusive in nature (rape by instrument,

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