BOP Program Statement 5280.09 § 1

§ 570.30 Purpose.

The purpose of this subpart is to describe the procedures governing the furlough

program of the Federal Bureau of Prisons (Bureau), which is authorized by 18

U.S.C. § 3622. Under the furlough program, the Bureau allows inmates who meet

certain requirements to be temporarily released from custody under carefully

prescribed conditions.

Authority to grant furloughs to inmates whose offenses occurred before November 1, 1987, was

given to the Attorney General under 18 U.S.C. § 4082(c) and delegated to the Director of the

Bureau of Prisons under 28 C.F.R. § 0.96(d).

For the purposes of this Program Statement, the term “institution” includes any Bureau, contract,

or private correctional facility. “Warden” refers to the Chief Executive Officer (CEO) of any

Bureau institution, as well as any contract or private correctional facility.

a. Summary of Changes

Directive Rescinded

P5280.08 Furloughs (2/4/98)

Federal Regulations from 28 CFR are shown in this type.

Implementing instructions are shown in this type.

Significant changes to this Program Statement include:

# Eliminates the requirement that a memorandum be prepared for the Inmate Central File

(Post-Furlough Interview Form).

# Requires each inmate who is approved for a social furlough to prepay administrative and

testing costs associated with a urinalysis.

# Requires staff to notify victims and witnesses when an inmate is approved for a local medical

furlough or transfer furlough.

# Encourages institutions to furlough transfer appropriate inmates to a minimum security

institution, unless a more cost-effective means of transportation is available.

# Allows eligible inmates transferring from one camp to another camp to be transported by

family members.

# Limits the furlough eligibility for inmates found guilty of drug use, drug possession,

possession of drug paraphernalia, or introduction of drugs into Bureau institutions.

# Requires post-furlough interviews to be conducted ordinarily within three business days of

the inmate’s return from a social furlough.

# Combines the Furlough Questionnaire forms (BP-A0302 and BP-A0303) into one form titled

Furlough Questionnaire, BP-A0952.

# Requires staff to submit the Furlough Questionnaire (BP-A0952) to the supervising agency

for each furlough (except a local medical furlough and transfer furloughs), unless the

supervising agency requests not to be notified.

# Requires staff to identify the specific type of furlough approved on the Furlough Application

- Approval and Record form (BP-A0291) – i.e., crisis, educational, religious, recreational,

civic, release planning, family and community ties, legal, training, community service

project, medical, and transfer furloughs.

# Adds an additional advisement to Conditions of Furlough, Page 2 of the Furlough

Application - Approval and Record form (BP-A0291) that a urinalysis test will be conducted

upon completion of each social furlough as defined in the Program Statement.

# Eliminates the requirement for inmates to have an HIV test prior to a furlough.

# Written approval of the Regional Director is not required for inmate furloughs.

# A new procedure is created for abbreviated recommendations for disapproval of furloughs.

# Places limitation on family transportation furloughs in excess of 12 hours.

The following changes are a result of the Reduction and Elimination of Duties Management

Assessment Project (REDMAP) initiatives:

# Eliminates the requirement to contact the Regional Health Services Administrator for

approval when an inmate is placed on furlough for medical care when the expense is borne

by the government.

# Eliminates the requirement to obtain the approval of the Assistant Director, Correctional

Programs Division, and the Medical Director for medical furlough requests when the

expense is borne by the inmate.

P5280.09 1/20/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 2

b. Program Objectives. The expected results of this program are:

# A furlough is not an entitlement. Neither is it a reward for good behavior or successful

programming, nor a means to shorten a criminal sentence.

# Furloughs will be granted to eligible inmates to achieve specific correctional goals.

# The reduction of recidivism by securing transitional needs and enhance community

reintegration prior to release.

# The public will be protected from undue risk.

# Any inmate who violates a condition of furlough will be disciplined, according to the

severity of the violation.

c. Institution Supplement. An Institution Supplement that addresses items listed below is

required. The institution involves the Regional Correctional Programs Administrator in

developing the Institution Supplement, which specifies:

# Any cooperative arrangements with outside agencies, such as the U.S. Probation Office

(USPO), Court Services and Offender Supervision Agency for the District of Columbia

(CSOSA), U.S. Marshals Service (USMS), or local medical facility.

# Transportation and administrative procedures to facilitate an inmate’s release and return

(including how to process an inmate returning from furlough during non-business hours).

# Procedures for transfer furloughs from an institution to a Residential Reentry Center (RRC.)

# Criteria and procedures for transfer furloughs from a camp-to-camp or a low to a camp.

# Procedures to follow when an inmate chooses an alternative mode of transportation,

including:

< Verification of transportation funds.

< Receipt of airline ticket.

< Travel itinerary.

< Time frames for receiving pertinent information relating to travel arrangements;

# Procedures to address inmates eligible for transport to a camp or RRC by family members.

# Local urinalysis procedures.

d. Pretrial, Holdover, and Detainee Procedures

(1) Pretrial Inmates. The Warden may not grant a furlough or participation in any other

community program to a pretrial inmate except by court order. In an emergency, staff contact

the pretrial inmate’s attorney of record, who may seek from the court a decision concerning

release from custody or an escorted trip, pursuant to 28 CFR part 551, Subpart J. The Warden

establishes procedures with the USMS when an escorted trip of a pretrial inmate is necessary.

Such initial contact will be documented in the Inmate’s Central File.

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(2) Holdovers/Detainees/Inmates With Detainers. Sentenced Bureau holdovers are not

automatically precluded from furlough participation; however, sound correctional judgement

should be used on a case-by-case basis.

Ordinarily, the Warden shall not grant a furlough to an inmate who is an Immigration and

Customs Enforcement (ICE) detainee or whose deportation status is unknown.

Ordinarily, the Warden does not grant a furlough to an inmate with a detainer.

Furlough requests by non-Bureau holdovers or detainees are referred to the appropriate agency

for action and decision making. The Warden establishes procedures with the agency when an

furlough of a holdover or detainee is necessary.

e. Victim/Witness Notifications. Victim/witness notifications must be made for inmates on

furloughs, including local medical furloughs and transfer furloughs, as required by the Program

Statement Victim and Witness Notification Program.