BOP Program Statement 5280.09 § 4

§ 570.33 Justification for furlough.

The Warden or designee may authorize a furlough, for 30 calendar days or less,

for an inmate to:

(a) Transfer directly to another Bureau institution, a non-federal facility, or

community confinement;

While the Warden or Acting Warden may not further delegate authority to approve furloughs,

the Regional Director may authorize selected satellite Camp Administrators to approve furloughs

at that camp. This authorization is made on the basis of the Camp Administrator’s correctional

experience and, for this section’s purpose, is authorized under 28 CFR 500.1(a), which defines

the Warden as the CEO of any Federal penal or correctional institution.

(1) Transfer to a RRC. Staff may transfer an inmate via a transfer furlough to a RRC from a

Bureau institution, or a private/contract correctional facility. See Section 5, Expenses of

Furlough, and the Program Statement Unescorted Transfers and Voluntary Surrenders for

additional information.

When approving travel arrangements for inmates, unit staff consider all aspects of the inmate’s

travel arrangement (e.g., the method of transportation is direct with few, if any, stops prior to

reaching the final destination) to ensure inmates have limited opportunities to engage in

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inappropriate behavior. Ordinarily, immediate family transportation will not be considered if

travel cannot be completed within 12 hours of departure.

The inmate’s family members may provide transportation, at the inmate’s or family member’s

expense, to the RRC if approved by the Warden.

Inmates are not permitted to deviate from the transfer furlough schedule and must report to the

RRC at the time indicated on the furlough application/approval form.

Unit staff notify each victim/witness of an inmate’s RRC placement via transfer furlough per the

Program Statement Victim and Witness Notification Program.

(2) Institution-to-Institution Transfer. An inmate may travel via “transfer furlough” from a

low or minimum security level institution to a minimum security level institution if the inmate is

a minimum security level inmate and has OUT or COMMUNITY custody. The inmate can

travel via government-arranged travel or the inmate’s family (on the approved visiting list) may

provide transportation to the receiving institution only if the inmate is transferring from one

minimum security level institution to another, and if approved by the Warden. The inmate’s

family is expected to bear all transportation costs if they provide transportation.

When approving travel arrangements for inmates, unit staff consider all aspects of the inmate’s

travel arrangement (e.g., the method of transportation is direct with few, if any, stops prior to

reaching the final destination) to ensure inmates have limited opportunities to engage in

inappropriate behavior. Ordinarily, immediate family transportation will not be considered if

travel cannot be completed within 12 hours of departure.

Inmates are not permitted to deviate from the transfer furlough schedule and must report to the

RRC at the time indicated on the furlough application/approval form.

(3) Transfer to a Medical Center. An inmate may be authorized an transfer furlough to or

from a medical referral center when:

# The Warden determines the inmate to be physically and mentally capable of completing an

transfer furlough.

# The inmate has demonstrated sufficient responsibility to provide a reasonable assurance that

transfer furlough requirements would be met.

# The inmate meets eligibility requirements in Section 6, Transfer Furlough Eligibility

Requirements.

(b) Be present during a crisis in the immediate family, or in other urgent

situations;

Immediate family includes mother, father, stepparents, foster parents, brothers and sisters,

spouse, and children. These relationships must be verified by the Presentence Report or other

administratively acceptable documentation.

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(c) Participate in the development of release plans;

Furloughs should directly contribute to the pre-release and reentry processes. (This sentence

also applies to Sections 4(d) and (e) of this policy.)

(d) Establish or reestablish family and community ties;

(e) Participate in selected educational, social, civic, and religious activities which

will facilitate release transition;

(f) Appear in court in connection with a civil action;

(g) Comply with an official request to appear before a grand jury, or to comply

with a request from a legislative body, or regulatory or licensing agency;

(h) Appear in or prepare for a criminal court proceeding, but only when the use of

a furlough is requested or recommended by the applicable court or prosecuting

attorney;

(i) Participate in special training courses or in institution work assignments,

including Federal Prison Industries (FPI) work assignments, when daily

commuting from the institution is not feasible; or

Subsection (i) includes inmates who remain overnight at a training/work site and do not return to

the institution daily.

(j) Receive necessary medical, surgical, psychiatric, or dental treatment not

otherwise available.

The Warden refers a request for a furlough in other situations through the Regional Director to

the Assistant Director, Correctional Programs Division, for approval.