BOP Program Statement 5140.44 § 1

To establish transfer procedures under Title 18 U.S.C. § 4085 and 3623, which authorize the

Bureau of Prisons (Bureau) to transfer an inmate who is wanted by a state authority to that

state authority’s custody. Ordinarily, such transfers are done within 90 days of the inmate’s

final release from their federal sentence.

 Title 18 U.S.C. § 4085, repealed November 1, 1987, authorized the Bureau to transfer an

inmate, who is charged in an indictment or information, or is convicted of a state felony, to

an official state detention facility prior to the release from their federal sentence.

 Title 18 U.S.C. § 3623, Transfer of a Prisoner to State Authority, was enacted as part of the

Comprehensive Crime Control Act of 1984 (P.L. 98-473) and became effective on

November 1, 1987. A request by a governor, or other executive authority of the state, to

transfer an inmate to a state authority may be accomplished under 18 U.S.C. § 3623 for

any inmate whose offense was committed on or after that date.

 Provisions of the Interstate Agreement on Detainers Act and State Writ do not apply in 18

U.S.C. § 4085 and 3623 situations.

a. Summary of Changes.

Policy Rescinded

5l40.35 Transfer of a Prisoner to State Custody Prior to Release from the Federal

Sentence (9/12/2001)

 The Senior Deputy Assistant Director, Designation and Sentence Computation Center

(SDAD, DSCC) now has the authority to approve transfers of federal inmates to state

officials and to designate a state department of corrections as a place of imprisonment where

an inmate will serve a federal sentence.

 Added requirement for review by the Intelligence and Counter Terrorism Branch (ICTB),

Central Office, if the state request involves an inmate with a Security Threat Group (STG)

assignment of International Terrorist, Domestic Terrorist, or any gang-affiliated STG.

 Regional Inmate Systems Administrator changed to Regional Correctional Programs Office

(RCPO).

 Inmate Systems Manager changed to Case Management Coordinator (CMC).

 Community Corrections Manager changed to Residential Reentry Manager (RRM).

 Removed reference to “Old Law” unsatisfied committed fines.

b. Program Objectives. A federal inmate’s sentence may be completed in state custody when

an inmate’s transfer has been requested by the state and it is in the public’s best interest.

Institution Supplement. None required. Should local facilities make any changes outside the

required changes in the national policy or establish any additional local procedures to

implement the national policy, the local Union may invoke to negotiate procedures or

appropriate arrangements.