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Subpart E–Petition for Commutation

of Sentence

8 571.40 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)

rant 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.

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(47 FR 9756, Mar. 5, 1982, as amended at 57 FR 34663, Aug. 5, 1992)

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8 571.41 Procedures.

(a) Staff shall suggest that 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 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 Di. rector 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 war

8 571.50 Purpose and scope.

When the court orders a prisoner's confinement until a fine and/or costs are paid, the Bureau of Prisons shall confine that inmate until the fine and/or costs are paid, unless the inmate qualifies for release under 18 U.S.C. 3569.

(a) An inmate who is unable to pay such fine and/or costs and whose nonexempt property does not exceed $20 may request discharge from imprisonment on the basis of indigency (see 18 U.S.C. 3569).

(b) 18 U.S.C. 3569 states that the determination of indigency may be made by the Warden of the federal institution where the inmate is confined or by the U.S. Magistrate. Where the Warden and/or U.S. Magistrate make a finding of non-indigency based on the inmate's application for a determination of his ability to pay the committed fine and/or costs, the appropriate Regional Director shall review the application 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 thirty days for nonpayment of a committed fine.

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By court decisions, an indigent inmate may not be held for any time past his regularly established release date for nonpayment of a fine. Only a person who has resources and refuses to pay may be held on a committed fine under 18 U.S.C. 3569.

(c) Staff shall interview an inmate with an unpaid committed fine at least 75 days prior to the inmate's pending release date. Staff shall explain to the inmate that to secure release without paying the committed fine in full, the inmate must make an application, on the appropriate form, to either the Warden or the U.S. Magistrate for a determination on whether the inmate is considered indigent under 18 U.S.C. 3569.

$ 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 of the prosecution-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.

8 571.52 Procedures committed fines.

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

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

(2) Staff may authorize the inmate to make withdrawals from his trust fund account for emergency family or emergency personal needs or for furlough purposes. This rule on 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 in a contract community-based facility.

(b) If the inmate pays the committed fine, or if staff verifies payment prior to confinement, staff shall document payment in the appropriate file and release the inmate's trust fund account from impoundment.

571.53 Determination of indigency by

Warden. An inmate in a federal institution who has a committed fine may apply to the Warden of that institution for a determination on the inmate's ability to pay the committed fine. If application is made to the Warden and the Warden determines that the inmate is not indigent under 18 U.S.C. 3569, the inmate may elect to apply to the U.S. Magistrate for a determination on the inmate's ability to pay the committed fine.

(a) The Warden's decision as to the inmate's indigency must be made on the basis of the inmate's property and the determination as to whether such property exceeds

$20.00 in value, except such as is by law exempt from being taken on execution for debt * (18 U.S.C. 3569).

(b) If the Warden finds that the inmate is indigent, the Warden shall notify the inmate that the inmate may take the “Pauper's Oath" (see 18 U.S.C. 3569) on the inmate's regularly established date of release providing the inmate's indigency status does not change.

(c) If the Warden finds that the inmate is not indigent under 18 U.S.C. 3569, the Warden shall refuse to ad. minister the oath and notify the inmate in writing as to the reasons for this refusal. The Warden shall advise the inmate that, if the inmate disagrees with the Warden's non-indigency finding, an application, if not previously made, may be submitted to the nearest U.S. Magistrate for a determination as to the inmate's indigency under 18 U.S.C. 3569. The Warden shall also advise the inmate that in the event a finding of non-indication for a determination of ability to pay the committed fine and/or costs under 18 U.S.C. 3569 must make application directly to the U.S. Magistrate.

gency is made by the Warden and, if submitted, a similar finding is made by the U.S. Magistrate, the inmate's application for a determination of indigency under 18 U.S.C. 3569 shall be forwarded by staff to the Regional Director for final disposition. 8 571.54 Determination of indigency by

U.S. Magistrate-inmates in federal in

stitutions. (a) An inmate with a committed fine who is imprisoned in a federal institution may make application directly to the U.S. Magistrate for a determination of the inmate's indigency under 18 U.S.C. 3569.

(b) An inmate who elects to apply to the U.S. Magistrate after a finding of non-indigency by the Warden must complete a new application. Staff shall offer to forward the completed forms and any other applicable information the inmate chooses to the U.S. Magistrate.

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

(d) If the U.S. Magistrate finds that the inmate is not indigent, Bureau staff shall forward a referral package to the Regional Director for a final determination as to the inmate's ability to pay the committed fine.

8 571.56 Review by Regional Director.

(a) When a finding of non-indigency is made by the Warden and/or U.S. Magistrate, staff shall forward material to the Regional Director who will make a final determination as to the inmate's ability to pay the committed fine. This authority may not be delegated below the level of acting Regional Director.

(b) If the Regional Director determines that the

retention by such convict of all of such property is reasonably necessary for his support or that of his family, such convict shall be released without further imprisonment solely for the nonpayment of such fine, or fine and costs; or if he finds that the retention by such convict of any part of such property is reasonably necessary for his support or that of his family, such convict shall be released without further imprisonment solely for nonpayment of such fine or fine and costs upon payment on account of his fine and costs, of that portion of his property in excess of the amount found to be reasonably necessary for his support or that of his family.” (18 U.S.C. 3569)

(C) After making a determination as to the property that the inmate possesses in excess of what is exempt by law, and what property the inmate may need in the community, the Regional Director may take one of the following three actions: (1) release the inmate without any payment toward the fine; (2) require partial payment of the fine prior to the inmate's release; or (3) require payment of the fine in full prior to the inmate's release. Regardless of the action taken, the Regional Director shall furnish the inmate with a written statement stating the action taken and the reasons for that action.

8 571.55 Determination of indigency by

U.S. Magistrate-inmates in contract community-based facilities or state in.

stitutions. (a) Inmates with committed fines may be transferred to contract community-based facilities, to state institutions as boarders, or to state institutions for service of federal sentences concurrently with state sentences.

(b) Inmates with committed fines may be committed directly to contract community-based facilities or to state institutions as boarders or may be designated to state institutions for service of federal sentences concurrently with state sentences.

(c) An inmate with a committed fine who is imprisoned in a contract community-based facility or a state institution and who desires to make appli

PART 572_PAROLE

Subpart E-Procedures for the Imple

mentation of 18 U.S.C. 4205(g)

Subparts A-C-(Reserved)

SOURCE: 48 FR 48973, Oct. 21, 1983, unless otherwise noted.

Subpart D-Parole and Mandatory Release

Violator Reports

Sec. 572.30 Purpose and scope. 572.31 Procedures.

Subpart E-Procedures for the Implementation

of 18 U.S.C. 4205(g)

572.40 Purpose and scope. 572.41 Initiation of request-meritorious or

unusual circumstances. 572.42 Criteria for request-to relieve

prison overcrowding. 572.43 Approval of request. 572.44 Denial of request.

AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082, 5015, 5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.

8 572.40 Purpose and scope.

Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau of Prisons, may make an inmate immediately eligible for parole by reducing the minimum term of the sentence to time served.

(a) The Bureau uses 18 U.S.C. 4205(g) in particularly meritorious or unusual circumstances which could not reasonably have been foreseen by the court at the time of sentencing. This section may be used, for example, if there is an extraordinary change in an inmate's personal or family situation or if an inmate becomes severely ill.

(b) The Bureau may also use 18 U.S.C. 4205(g) to relieve prison overcrowding, provided the Bureau has received a written statement from the U.S. Parole Commission that the inmate safely could be released from prison under current Parole Commission standards (see 18 U.S.C. 4206 and 28 CFR 2.20), but that such a release is barred by a judicially imposed minimum sentence.

Subparts A-C-(Reserved)

Subpart D-Parole and Mandatory

Release Violator Reports

8 572.30 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. (45 FR 33941, May 20, 1980)

8 572.31 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. (45 FR 33941, May 20, 1980)

§ 572.41 Initiation of request-meritorious

or unusual circumstances. (a) An inmate may submit a written request for a motion under 18 U.S.C. 4205(g) to the Warden. An inmate may initiate a request for consideration under 18 U.S.C. 4205(g) only when there are particularly meritorious or unusual circumstances which could not reasonably have been foreseen by the court at the time of sentencing. In the request, the inmate shall relate the meritorious or unusual circumstances that the inmate believes warrant consideration. In addition, the inmate shall include the following information in the request:

(1) Offense,
(2) Plea,
(3) Length and date of sentence,

(4) Name and location of sentencing court,

(5) Date service of sentence began,

(6) Parole eligibility date, and (7) Mandatory release date.

(b) The Bureau of Prisons processes a request made by another person on behalf of an inmate in the same manner 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.

Commission believes the inmate could safely be released from prison under current U.S. Parole Commission standards, although such release is barred by a judicially imposed minimum sentence. This request ordinarily occurs with an inmate who has a sentence of 30 or more years, and who, under 28 CFR 2.2, is not eligible to receive an initial hearing until ten years of the sentence is completed.

(e) Under the procedures of this $ 572.42, cases for reduction of sentence to reduce prison overcrowding are initiated by the Bureau of Prisons or Parole Commission staff. There is no provision for an inmate to initiate a request for a reduction of sentence for the purpose of reducing prison overcrowding.

8 572.42 Criteria for request—to relieve

prison overcrowding. To help reduce prison overcrowding, the Bureau of Prisons may, in its unreserved discretion, also make a motion under 18 U.S.C. 4205(g) to reduce the minimum term of the inmate's sentence to time served, provided the following criteria are met.

(a) The Bureau of Prisons is experiencing overcrowding within its institutions.

(b) The Bureau of Prisons has been advised by the U.S. Parole Commission that, while the inmate could safely be released from prison under current U.S. Parole Commission standards, such release is barred by a judicially imposed minimum sentence.

(c) Bureau of Prisons staff will evaluate an inmate referred by the U.S. Parole Commission for consideration under 18 U.S.C. 4205(g). Bureau staff must determine that an inmate meets the following criteria before the inmate may be considered, on the basis of prison overcrowding, for referral under 18 U.S.C. 4205(g).

(1) The inmate is identified by the Bureau as not requiring a high level of security.

(2) The inmate's "Severity of Offense” behavior under U.S. Parole Commission guidelines ordinarily is included within Category 1-5 (see 47 FR 56334 et seq.).

(3) The inmate's “Salient Factor Score" under U.S. Parole Commission guidelines (28 CFR 2.20) is ordinarily in the “very good” or “good” range.

(4) The inmate has demonstrated acceptable institutional adjustment.

(d) To help reduce prison overcrowd. ing, the Bureau of Prisons may, on occasion, initiate a request to the U.S. Parole Commission. This request will ask that an inmate's status be assessed with respect to whether the Parole

$ 572.43 Approval of request.

(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) only after review of the request by the Warden, the Regional Director, the General Counsel, the Medical Director or the Assistant Director, Correctional Programs Division, 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). 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 written recommendation and refer the matter to the Office of General Counsel.

(3) If the General Counsel determines that the request warrents 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 for 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, the Director

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