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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).

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

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

8 571.41 Procedures.

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

$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.

(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)

(63 FR 4357, Jan. 28, 1998]

8 571.51 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 finem 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.

8571.53 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 completed forms and any other applicable information the inmate chooses to the U.S. Magistrate Judge.

(C) If the U.S. Magistrate Judge finds that the inmate is indigent, the U.S. Magistrate Judge will administer the oath to the inmate. The inmate shall be released no earlier than the regularly established release date.

(d) If the U.S. Magistrate Judge finds that the inmate is not indigent, Bureau

[48 FR 48971, Oct. 21, 1983, as amended at 63 FR 4357, Jan. 28, 1998)

8 571.52 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

or

or

or

staff shall forward a referral package ble for parole by reducing the minito the appropriate United States Attor- mum term of the sentence to time ney for a final determination as to the served. Under 18 U.S.C. 3582(c)(1)(A), a inmate's ability to pay the committed sentencing court, on motion of the Difine, or fine and costs.

rector of the Bureau of Prisons, may [63 FR 4357, Jan. 28, 1998]

reduce the term of imprisonment of an

inmate sentenced under the Com8571.54 Determination of indigency by prehensive Crime Control Act of 1984.

U.S. Magistrate Judge—inmates in The Bureau uses 18 U.S.C. 4205(g) and 18 contract community-based facilities U.S.C. 3582(c)(1)(A) in particularly exor state institutions.

traordinary

compelling cir(a) Inmates with a committed fine, or cumstances which could not reasonably fine and costs may be transferred to have been foreseen by the court at the contract community-based facilities, time of sentencing. state institutions as boarders, or state institutions for service of federal sen- 571.61 Initiation of request-extraortences running concurrently with state 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) 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 U.S. Magistrate Judge that the inmate

(2) Proposed release plans, including is not indigent, Bureau staff shall for

where the inmate will reside, how the ward a referral package to the appro

inmate will support himself/herself, priate United States Attorney for a

and, if the basis for the request infinal determination as to the inmate's

volves the inmate's health, informaability to pay the committed fine, or

tion on where the inmate will receive fine and costs.

medical treatment, and how the in

mate will pay for such treatment. [63 FR 4357, Jan. 28, 1998]

(b) The Bureau of Prisons processes a

request made by another person on beSubpart G-Compassionate Re

half of an inmate in the same manner lease (Procedures for the Im

as an inmate's request. Staff shall refer plementation of 18 U.S.C. a request received at the Central Office 3582(c)(1)(A) and 4205(g)) or at a Regional Office to the Warden

of the institution where the inmate is

confined. SOURCE: 59 FR 1238, Jan. 7, 1994, unless otherwise noted.

$571.62 Approval of request. 8571.60 Purpose and scope.

(a) The Bureau of Prisons makes a Under 18 U.S.C. 4205(g), a sentencing motion under 18 U.S.C. 4205(g) court, on motion of the Bureau of Pris- 3582(C)(1)(A) only after review of the reons, may make an inmate with a mini- quest by the Warden, the Regional Dimum term sentence immediately eligi- rector, the General Counsel, and either

or

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.

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 sentencing court on behalf of the Director of the Bureau of Prisons to reduce the 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

$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.

$571.64 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.

PART 572-PAROLE

Subparts A-C (Reserved)

Subpart D--Parole and Mandatory Release

Violator Reports

Sec. 572.30 Purpose and scope. 572.31 Procedures.

8572.31 Procedures.

Staff shall prepare the Violator Report to include the following information:

(a) The inmate's original offense, sentence imposed, date and district;

(b) Description of release procedure;

(c) Alleged violation(s) of parole or mandatory release;

(d) Inmate's comments concerning the alleged violation(s);

(e) An outline of the inmate's activities while under supervison on parole or mandatory release; and

(f) At the option of the inmate, statement of current release plans and available community resources.

[blocks in formation]

[45 FR 33941, May 20, 1980)

AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4205, 5015 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95 0.99.

Subpart E-Compassionate Re

lease (Procedures for the Implementation of 18 U.S.C. 4205(g))

Subparts A-C [Reserved)

Subpart D-Parole and Mandatory

Release Violator Reports

8572.30 Purpose and scope.

The Bureau of Prisons provides the U.S. Parole Commission with a Violator Report for use at the revocation hearing of a parole or mandatory release violator, when that hearing is conducted in an institution of the Bureau of Prisons.

$572.40 Compassionate release under

18 U.S.C. 4205(g). 18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains the controlling law for inmates whose offenses occurred prior to that date. For inmates whose offenses occurred on or after November 1, 1987, the applicable statute is 18 U.S.C. 3582(c)(1)(A). Procedures for compassionate release of an inmate under either provision are contained in 28 CFR part 571, subpart G.

(45 FR 33941, May 20, 1980)

(59 FR 1239, Jan. 7, 1994)

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