BOP Program Statement 5160.06 § 9

a. Designation and Notification to the United States Marshal Service (USMS). If an inmate

is in exclusive state custody with pending state charges, or in service of the state sentence, the

DSCC may make a nunc pro tunc designation to the non-federal institution using a letter of

designation to the USMS.

b. Notification to the Regional Correctional Programs Office (RCPO). The DSCC notifies

the RCPO of the region where the state institution is located when the DSCC Sentence

Computation Section Chief, as delegated to the DSCC Operations Manager, designates the state

institution for service of the federal sentence. The DSCC will ensure the following are made

available to the Regional Office:

 The J&C Order and the SOR.

 The PSR.

 The USM-129, U.S. Marshals Tracking Form.

 The nunc pro tunc letter to the USMS designating the state institution for service of the

federal sentence.

 Any other pertinent information.

c. Sentence Computation. The DSCC calculates all federal sentences that are running

concurrently with state sentences where the inmate is in primary state custody (“state concurrent

federal sentences”).

 Considerations in Sentence Computation. DSCC staff follow the steps outlined in Section

8b of this program statement.

 Regional Actions After DSCC Sentence Computation. Following the calculation of each

state concurrent federal sentence, DSCC staff notify the RCPO that the inmate is appropriate

to admit in the Bureau inmate information system as a state concurrency case. The RCPO

notifies the USMS and the state department of corrections of the inmate’s projected release

date and completes all necessary transactions in the Bureau inmate information system.

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For inmates whose date of offense for their current commitment occurred before November 1,

1987, the RCPO has final approval authority for state recommendations for Extra Good Time

(EGT). EGT awards for inmates in state institutions must be consistent with the requirements for

those in federal institutions. Refer to the Program Statements Sentence Computation Manual

(“Old Law”-Pre-CCCA-1984) and District of Columbia Sentence Computation Manual.

The RCPO forwards recommendations for EGT action via email to the DSCC for calculation.

d. Regional Responsibilities. Since the inmate is in primary state custody, decisions regarding

confinement and classification are at the discretion of state authorities. The RCPO forwards a

copy of the DSCC letter to the USMS in the state institution’s district as notification to lodge a

detainer.

The RCPO sends the letter and the Public Information Inmate Data from the applicable Bureau

inmate management system via mail or electronic mail to:

 The appropriate state department of corrections.

 The USMS in the sentencing district.

 The U.S. Parole Commission (USPC), if appropriate.

The Public Information Inmate Data from the applicable Bureau inmate management system is

also mailed to the inmate.

If an update is required to a state concurrency sentence computation, the RCPO provides all

appropriate documentation to the DSCC.

e. Regional File Maintenance. The RCPO maintains an electronic file on each state

concurrency case containing:

 The J&C Order and the SOR.

 The PSR.

 The USM-129.

 The nunc pro tunc letter from the DSCC to the USMS designating the state institution for

service of the federal sentence.

 A copy of the certified Sentence Data Computation Sheet.

 Any other pertinent information.

If the inmate satisfies the federal sentence, prior to the expiration of the state sentence, the RCPO

saves case documents including but not limited to, copies of release certificates, as well as

notifications to state authorities, the USMS, the U.S. Probation Office, and the USPC, in the

Electronic Inmate Central File (e-ICF). Concurrency files are kept in the Regional Office until

the sentence expires. If the inmate is eligible for parole, the RCPO sends to the USPC:

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 The J&C Order and the SOR.

 The USM-129.

 The PSR.

 The nunc pro tunc letter to the USMS designating the state institution for service of the

federal sentence.

 A copy of the Sentence Data Computation Sheet.

 Any other pertinent information.

f. Monitoring. The RCPO establishes a system to monitor release dates of concurrent

sentences so that timely notification is made to state authorities, the USMS, and the USPC, if

necessary. This may be done using a release roster from the applicable Bureau inmate

management system, a log, or any other method that enables the RCPO to monitor release dates.

The USPC prepares certificates for inmates scheduled for release on parole. The RCPO ensures

that any parole certificates received on a state concurrency case are accurate, and discrepancies

are reported to the USPC. Normally, the RCPO prepares the mandatory release and special

parole term certificates.

For the completion of any other release paperwork refer to the Program Statement Correctional

Systems Manual.

A term of supervised release that follows a federal sentence does not commence until the inmate

is released from all periods of confinement. When an inmate has a term of supervised release and

the federal sentence expires before the state term, the RCPO asks the state authorities to notify

the U.S. Probation Office 30 days before release from state custody. The RCPO forwards a

courtesy copy of the request to the U.S. Probation Office.

g. Release. The DSCC conducts a release audit of all state concurrent federal sentences 24

months before the inmate’s projected release date.

If an inmate is released from the non-federal jurisdiction before the statutory release or parole

date of the federal term of imprisonment, the USMS assumes custody. The USMS may request

designation from the DSCC 30 days before assuming custody. The RCPO ensures all inmate files

(Central, Medical, and J&C) are made available to the designated federal institution.

If the federal term expires before the inmate’s release from the non-federal jurisdiction, the

RCPO notifies the state department of corrections, the USMS, and the USPC if necessary. The

RCPO completes release documentation pertaining to the confinement portion of the federal

sentence. Upon receiving the release notification, the USMS withdraws the detainer.

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REFERENCES

Program Statements

Correctional Systems Manual

Sentence Computation Manual (CCCA of 1984)

Sentence Computation Manual (“Old Law”-Pre-CCCA-1984)

District of Columbia Sentence Computation Manual

Federal Statutes

18 U.S.C. § 3621(b)

18 U.S.C. § 4082(b)

18 U.S.C. § 3585(a)

18 U.S.C. § 3568

18 U.S.C. § 3584(a)

18 U.S.C. § 924(c)

18 U.S.C. § 1028A

18 U.S.C. § 3146

Case Law

Barden v. Keohane, 921 F.2d 476 (3rd Cir. 1990)

United States v. Smith, 472 F.3d 222 (4th Cir. 2006)

Setser v. United States, 566 U.S. 231 (2012)

Mangum v. Hallembaek, 910 F.3d 770 (4th Cir. 2018)

Dotson v. Kizziah, 966 F.3d 443 (6th Cir. 2020)

Other References

Five Factors under 18 U.S.C. § 3621(b)

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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