BOP Program Statement 5280.09 § 7

§ 570.36 Non-transfer furlough eligibility requirements.

(a) An inmate may be eligible for a non-transfer furlough if the inmate meets the

criteria described in 570.35(b) and the following additional criteria:

If an inmate has. . . Then the inmate may only be considered

for. . .

been confined at the initially an emergency furlough.

designated institution for less than

90 days

more than two years remaining an emergency furlough.

until the projected release date

2 years or less remaining until the an emergency furlough or a routine day

projected release date furlough.

18 months or less remaining until an emergency furlough, a routine day

the projected release date furlough, or a routine overnight furlough

within the institution’s commuting area.

1 year or less remaining until the an emergency furlough, a routine day

projected release date furlough, or a routine overnight furlough

either within or outside the institution’s

commuting area.

A projected release date, for purposes of this rule, refers to the first of the following dates that

applies to an inmate requesting a furlough:

# The inmate’s mandatory (statutory) release date. The Good Conduct Time Release date for

an inmate sentenced under CCCA is considered the “statutory” release date.

# The inmate’s minimum expiration date.

# The inmate’s presumptive parole date.

# The inmate’s effective parole date.

If the Warden approves a furlough outside the above guidelines, he/she documents the reasons in

the inmate’s central file.

(b) Ordinarily, Wardens will not grant a furlough to an inmate if:

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(1) The inmate is convicted of a serious crime against a person;

(2) The inmate’s presence in the community could attract undue public attention,

create unusual concern, or diminish the seriousness of the offense; or

(3) The inmate has been granted a furlough in the past 90 days.

If the Warden approves a furlough for such an inmate, he/she documents the reasons in the

inmate’s central file.

c. Ordinarily, inmates considered inappropriate for a furlough include, but are not limited to:

(1) Inmates who have a current or prior offense listed in the Program Statement Categorization

of Offenses. Furloughs for such inmates are considered only in highly unusual circumstances.

Ordinarily, an inmate is precluded from receiving a furlough if he/she has an offense listed in

either Section 3, Offenses Categorized as Crimes of Violence, or Section 4, Offenses that at the

Director’s Discretion Shall Preclude an Inmate’s Receiving Certain Bureau Program Benefits.

The Warden may approve such inmates for a transfer furlough to a minimum security institution

and documents the reasons in the inmate’s central file.

(2) Inmates who have a Public Safety Factor (PSF) that the Designation and Sentence

Computation Center (DSCC) Administrator has not waived. Furloughs for inmates with PSFs

are considered only in highly unusual circumstances and require the Regional Director’s prior

written approval.

The Regional Director’s review of a proposed furlough is not necessary for inmates assigned

PSFs that have been waived. In addition, an inmate approved for an transfer furlough to an RRC

placement ordinarily does not require the Regional Director’s prior written approval or a PSF

waiver.

The Community Corrections Regional Administrator (CCRA) is the review authority for

furlough requests for RRC inmates assigned PSFs.

Ordinarily, the Warden consults with the Regional Director before approving a furlough for an

inmate identified in subsections (3) through (10) below:

(3) Inmates who refuse to participate in the Inmate Financial Responsibility Program. Inmates

not making payments commensurate with their ability to pay are also ineligible for furlough

participation. See the Program Statement Inmate Financial Responsibility Program for

additional information.

(4) Inmates who withdraw from educational programming before receiving their GED.

(5) Inmates who refuse to participate in required drug abuse treatment or the Release

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Preparation Program.

(6) Inmates who have been found to have committed 100 OR 200 level prohibited acts, or the

prohibited acts of using drugs or alcohol, drug possession, possession of drug paraphernalia, or

introduction of drugs into Bureau institutions within the last three years from the date of the

incident.

(7) Inmates who have received any other incident report(s) not listed above (based on a

UDC/DHO finding of guilt) are assessed in terms of overall institutional adjustment.

(8) Inmates with a prior history of escape or attempted escape from secure custody.

(9) Inmates with a detainer or unresolved outstanding warrant.

(l0) Inmates requesting furloughs outside the jurisdiction of the United States. A furlough may

only be authorized within the U.S. and possessions and territories in which the U.S. Government

retains jurisdiction (e.g., Guam, Puerto Rico, Virgin Islands). The Regional Director for the

sending institution approves furloughs to Guam, Puerto Rico, or the Virgin Islands.

An inmate classified as a Central Inmate Monitoring case may be considered for a furlough if the

requirements of the Program Statement Central Inmate Monitoring System are met.

Staff at a contract facility may approve a furlough for a sentenced inmate housed there as

specified in that facility’s contractual agreement with the Bureau.

Contract staff follow procedures outlined in the facility’s Statement of Work (SOW). They may

recommend to the Community Corrections Manager (CCM) that an inmate participate in a

furlough. Contact the CCM for questions on these cases.

The Bureau does not have the authority to furlough U.S. Marshals prisoners in contract jails.

Staff refer requests for such furloughs to the U.S. Marshals Service.

Furloughs for pretrial inmates are arranged per the Program Statement Pretrial Inmates.

Section 1.d(1) of this Program Statement also contains information on pretrial furlough

procedures.