BOP Program Statement 5280.09 § 8

§ 570.37 Procedures to apply for a furlough.

(a) Application. Inmates may submit a furlough application to staff, who will

review it for compliance with these regulations and Bureau policy.

Abbreviated Recommendation for Disapproval – If the Unit Team reviews the inmate’s

furlough request and identifies a reason(s) for recommending disapproval, a memorandum

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signed by the Unit Manager can be forwarded to the Warden explaining the reason(s), and

seeking the Warden’s agreement to disapprove the furlough request without requiring the full

application procedure described in the next section.

The reason(s) for recommending disapproval of the furlough request may be based on any of the

reasons provided in this policy, including, but not limited to, Sections 2, 4, or 7. By using this

abbreviated procedure, the Unit Team is recommending to the Warden that the furlough request

be denied based on the existence of the inmate’s ineligibility.

While all the possible reasons for recommending disapproval under this procedure cannot be

listed, the following example memorandum provides a non-exhaustive sample of how a

disapproval recommendation memorandum can be written. The example provided is illustrative

only, and should not be considered the only method of presenting an abbreviated

recommendation for disapproval of the inmate’s furlough request.

What is required in all cases, however, is that the underlying reason for disapproving the

furlough request be explained in narrative form; it is insufficient to simply “check a box” or

reference a section number of policy. Additionally, it is required that the Warden indicate in

writing, and on the memorandum itself, the decision and reason for disapproving the furlough

request.

Example:

DATE: [insert date]

MEMORANDUM TO: Warden

FROM: Unit Manager, Bravo Unit

SUBJECT: Furlough Request – Inmate Doe, Reg. No. 12345-678

Abbreviated Recommendation for Disapproval

On January 1, 2010, Unit Team Bravo reviewed inmate Doe’s request for a furlough.

Inmate Doe requested an overnight furlough to [insert details of furlough request].

Upon initial review, it is Unit Team Bravo’s recommendation that inmate Doe’s

furlough request be denied for the following reason(s):

G Does not meet eligibility or justification criteria:

[insert narrative explanation]

G Presents undue risk based on inmate’s history:

[insert narrative explanation]

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G Would diminish the seriousness of the offense:

[insert narrative explanation]

G Other policy based reason(s):

[insert narrative explanation, citing applicable policy section]

WARDEN’S DECISION / SIGNATURE / DATE:

G AGREE – The inmate’s furlough request is denied for the above reason(s).

G DISAGREE – The inmate’s furlough request is not denied at this time. The

Unit Team should submit a full application for consideration.

If the Warden agrees to disapprove the furlough request, s/he signs and dates the memorandum.

A copy is provided to the inmate and the original is filed in Section Six of the inmate’s Central

File.

If the Warden disagrees with the recommendation to disapprove the furlough request, s/he signs

and dates the memo and provides further instructions to the Unit Team as appropriate to complete

the full application process.

An inmate may submit a furlough request to staff. Before approving the request, staff verify that

a furlough is indicated.

Before the inmate’s furlough:

(1) A member of the inmate’s unit team contacts the family member or person being visited to

verify that the inmate is welcome. This communication is documented and placed in Section 6 of

the Inmate Central File. Verification is not necessary for transfer furloughs.

(2) A Furlough Questionnaire (BP-A0952) is forwarded to the supervising agency in the district

to be visited (sentencing or non-sentencing district), unless the supervising agency has requested

not to be notified.

(3) Before the inmate’s initial furlough, and all subsequent furloughs as applicable, a Furlough

Questionnaire (BP-A0952) is also forwarded to the supervising agency in the sentencing district if

the inmate is going on a furlough to another district (non-sentencing district), unless the

supervising agency has requested not to be notified.

(4) Before the inmate’s initial furlough, and all subsequent furloughs as applicable, a copy of the

Presentence Investigation Report (PSR) is forwarded to the supervising agency in the non-sentencing district if there has been no prior contact with that district (including relocations),

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unless the non-sentencing district indicates the PSR is not necessary. This will not apply to local

medical furloughs and transfer furloughs.

(5) A Furlough Questionnaire (BP-A0952) is not necessary for local medical furloughs and

transfer furloughs.

(6) D.C. Code offenders are subject to the provisions of this Program Statement. The Furlough

Questionnaire (BP-A0952) is forwarded to CSOSA for processing;

(7) Unit staff contact the supervising agency to determine the status of the Furlough

Questionnaire (BP-A0952) if it has not been returned within two weeks after mailing. If the

questionnaire has not been returned within three weeks and contact has been made with the

supervising agency, unit staff may continue to process the furlough.

(8) If the supervising agency recommends that the furlough be denied, the Warden may still grant

the furlough, but documents the reason(s) and provides a letter to the supervising agency advising

of the final decision. A copy is placed in Section 6 of the Inmate Central File. Unit staff also

document on the Furlough Application - Approval and Record (BP-A0291) any objections

indicated by the supervising agency.

(9) The BP-A0291 is used to document approved furloughs. The specific type of furlough is

identified on the BP-A0291 in the section titled “SENTRY Assignment.” See Attachment A for

the list of furlough SENTRY assignments. For example, the SENTRY assignment for family

visits is FURL TIES; to attend religious functions, FURL RLG; to attend court proceedings,

FURL LEG. Responsible staff (ordinarily ISM) enter the assignment in SENTRY.

(10) Each furlough application is routed through ISM for a final detainer and legal status check

before delivery to the Warden. Upon signature by the Warden, four copies (completed original

plus three copies) of the BP-A0291 are distributed as indicated at the bottom of the form.

(11) The Warden and supervising agency in the local district may initiate a cooperative

arrangement to use a blanket approval letter for all (or specific types) of furloughs in lieu of the

Furlough Questionnaire (BP-A0952). This letter requires the signature of both the supervising

agency and Warden, and is reviewed and re-signed by both parties every two years.

(12) A separate Furlough Application - Approval and Record (BP-A0291) is executed for each

furlough; however, when multiple furloughs are necessary over an extended period or on a

recurring basis, processing more than one furlough application for each inmate and each

occurrence may not be practical. Under these circumstances, the Warden may forward an

exemption request to the Regional Director. If approved, staff complete one furlough application,

which expires when the activity concludes or on the one-year date of the initial furlough. If an

exemption is still required upon expiration of the year, the Warden submits a new request. These

procedures apply to inmates participating in a training, educational, or work program in the

community. For guidance on Mothers and Infants Together (MINT) Program procedures, see the

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Program Statement Community Corrections Center (CCC) Utilization and Transfer

Procedure.

(b) Notification of decision. An inmate will be notified of the Warden’s decision

on the furlough application. Where a furlough application is denied, the inmate

will be notified of the reasons for the denial.

(c) Appeal. An inmate may appeal any aspect of the furlough program through

the Administrative Remedy Program, 28 CFR Part 542, Subpart B.