BOP Program Statement 5140.36 § 8

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.]

PS 5140.36

11/23/2001

Page 3

a. Similar procedures also apply to inmates released on

parole, yet the number of days remaining upon release will be

adjusted to reflect the early release (see the Sentence

Computation Manual ("Old Law" Pre-CCCA-1984) and 28 CFR 2.29(c)).

b. An inmate may not be released under the provisions of

18 U.S.C. §4163 on the last preceding weekday if the actual

release date falls before the minimum parole eligibility date as

defined in 28 CFR 2.2 (e.g., when an inmate's actual parole

eligibility date falls on a Saturday, the inmate may not be

released on the preceding Friday).

c. Each year, at the Warden's discretion, a Lump Sum Award

(LSA) may be granted to achieve an earlier release for those

inmates who have a scheduled Expiration or Mandatory Release date

falling on December 11 through January 2. Such a grant will be

made, provided,

# the individual inmate's conduct or adjustment supports such

an award under the provisions of the Sentence Computation

Manual (“Old Law” Pre-CCCA of 1984),

# the grant does not exceed the statutory maximum for Extra

Good Time (18 U.S.C. §4162), and

# the inmate is not sentenced under the CCCA (see below).

d. Release on the workday preceding a holiday or weekend does

not require the application of the above bulleted guidelines, as

18 U.S.C. §4163, 28 CFR 571.30, and the Sentence Computation

Manual (“Old Law” Pre-CCCA of 1984) authorize such a release.