BOP Program Statement 5110.17 § 1

This policy prescribes procedures required by 18 U.S.C. § 4042, regarding the Notification of

Release of Prisoners.

Title 18 U.S.C. § 4042(b) requires that the Bureau of Prisons (Bureau) notify state, tribal, and

local law enforcement officials at least five calendar days prior to releasing to Supervised

Release, probation, or parole, prisoners who have been convicted of a “drug trafficking crime” or

a “crime of violence.”

Title 18 U.S.C. § 4042(c) requires that the Bureau provide release and specified registration

information to state, tribal, and local law enforcement and registration officials at least five

calendar days prior to release of offenders who are released from prison and required to register

under the Sex Offender Notification and Registration Act of 2006 (SORNA).

This Program Statement contains procedures required by the Departments of Commerce, Justice,

and State Appropriations Act of 1998 (Public Law 105-119), codified at 18 U.S.C. § 4042(c), as

amended. It includes requirements that the Bureau notify convicted sex offenders of community

programs available to them upon release from Federal custody under a provision of the Violent

Crime Control and Law Enforcement Act (VCCLEA) of 1994 (P.L. 103-322), codified at 42

U.S.C. § 13943, as amended by the Sex Offender Notification and Registration Act of 2006 (P.L.

109-248).

These provisions are intended to ensure that inmates convicted of sex offenses are made aware of

local program opportunities and registration requirements before their release. Both provisions

complement other Bureau policies that address the needs of sex offenders in Bureau custody.

a. Summary of Changes

Policy Rescinded

P5141.02 Sex Offender Notification and Registration (12/14/98)

P5110.15 Notification of Release to State and Local Law Enforcement Officials (8/30/00)

This Program Statement integrates the two Program Statements mentioned above. Significant

changes include:

■ Requirements that the Bureau notify convicted sex offenders of community programs

available to them upon release from Federal custody under a provision of the Violent Crime

Control and Law Enforcement Act of 1994 (P.L. 103-322), codified at 42 U.S.C. § 13943, as

amended by the Sex Offender Notification and Registration Act of 2006 (P.L. 109-248).

■ Mandatory notification to Tribal authorities as identified in SORNA.

■ Policy and procedures regarding notifications as they apply to the Fifth Circuit Court of

Appeals decision, Henrikson v. Guzik.

b. Program Objectives. Expected results of this Program Statement are:

■ Designated law enforcement and sex offender registration officials will be notified at least

five calendar days prior to release of inmates who have been convicted of certain sexual

offenses, a “drug trafficking crime,” or a “crime of violence,” per provisions of 18 U.S.C. §

4042.

■ Sex offenders who are required to register with community programs will be provided with

this information before release from Federal custody.

■ Bureau policy and procedures regarding notifications to state, tribal, and local law

enforcement officials will comply with the Fifth Circuit Court of Appeals decision,

Henrikson v. Guzik.

c. Pretrial/Holdover and Detainee Procedures. The requirements of this Program Statement

do not apply to pretrial inmates. However, they do apply to sentenced holdover offenders (BOP,

U.S. Marshals Service, U.S. Immigration and Customs Enforcement [ICE], etc.) and to ICE

detainees housed in a Bureau institution or other facility under contract to the Bureau. Detainees

P5110.17 5/16/2014 2

releasing to the custody of law enforcement officials do not require notification to sex offender

registration officials.

d. WITSEC Procedures. Institution and Residential Reentry staff must complete

notification/registration procedures for WITSEC inmates who meet the applicability criteria in

Section 2, unless the Inmate Monitoring Section (IMS) specifically advises that the inmate will

participate in the Post-Release Services Program. Required notification/registration forms

(Prisoner Release Notification [BP-A0710]; Sex Offender Registration and Treatment

Notification [BP-A0648]) are sent out as soon as possible following receipt of the Release

Authorization from the IMS.

A WITSEC inmate not participating in the Post-Release Services Program may be transferred to

a Residential Reentry Center (RRC) before release from custody. In such cases, the RRM

prepares a BP-A0710, unless specifically exempted by the Office of Enforcement Operations

(OEO), Department of Justice.