BOP Program Statement 5280.09 § 9

§ 570.38 Conditions of furlough.

(a) An inmate who violates the conditions of a furlough may be considered an

escapee under 18 U.S.C. § 4082 or 18 U.S.C. § 751, and may be subject to criminal

prosecution and institution disciplinary action.

(b) A furlough will only be approved if an inmate agrees to the following

conditions and understands that, while on furlough, he/she:

(1) Remains in the legal custody of the U.S. Attorney General, in service of a term

of imprisonment;

(2) Is subject to prosecution for escape if he/she fails to return to the institution at

the designated time;

(3) Is subject to institution disciplinary action, arrest, and criminal prosecution for

violating any conditions(s) of the furlough;

(4) May be thoroughly searched and given a urinalysis, breathalyzer, and other

comparable test, during the furlough or upon return to the institution, and must

pre-authorize the cost of such test(s) if the inmate or family members are paying

the other costs of the furlough. The inmate must pre-authorize all testing fee(s) to

be withdrawn directly from his/her inmate deposit fund account;

(5) Must contact the institution (or United States Probation Officer) in the event of

arrest, or any other serious difficulty or illness; and

(6) Must comply with any other special instructions given by the institution.

(c) While on furlough, the inmate must not:

(1) Violate the laws of any jurisdiction (federal, state, or local);

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(2) Leave the area of his/her furlough without permission, except for traveling to

the furlough destination, and returning to the institution;

(3) Purchase, sell, possess, use, consume, or administer any narcotic drugs,

marijuana, alcohol, or intoxicants in any form, or frequent any place where such

articles are unlawfully sold, dispensed, used, or given away;

(4) Use medication that is not prescribed and given to the inmate by the

institution medical department or a licensed physician;

(5) Have any medical/dental/surgical/psychiatric treatment without staff’s written

permission, unless there is an emergency. Upon return to the institution, the

inmate must notify institution staff if he/she received any prescribed medication or

treatment in the community for an emergency;

(6) Possess any firearm or other dangerous weapon;

(7) Get married, sign any legal papers, contracts, loan applications, or conduct

any business without staff’s written permission;

(8) Associate with persons having a criminal record or with persons who the

inmate knows to be engaged in illegal activities without staff’s written permission;

(9) Drive a motor vehicle without staff’s written permission, which can only be

obtained if the inmate has proof of a currently valid driver’s license and proof of

appropriate insurance; or

(10) Return from furlough with anything the inmate did not take out with him/her

(for example, clothing, jewelry, or books).

Each inmate approved for a furlough must agree to abide by the specified conditions on the

Furlough Application - Approval and Record (BP-A0291).

Once the furlough is approved, the staff member releasing the inmate ensures that the inmate’s

mode of transportation is the same as that listed on the furlough form.

The Conditions of Furlough (see the standard conditions on the BP-A0291) apply to all inmates

going on furlough or an transfer furlough. Staff ensure that the inmate reads any additional

condition(s) before signing the form. If the Warden determines that additional conditions are

warranted, they are added to the Special Instructions on the BP-A0291.

d. Documentation of Furlough. Upon completion of a furlough, staff record in the Inmate

Central File anything unusual that occurred during the furlough.

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A member of the unit team conducts and documents a post-furlough interview with each inmate

returning from a non-medical furlough, ordinarily no later than within three business days of the

inmate’s return, to determine if the furlough’s purpose and conditions were met.

Normally, an entry in the Inmate Activity Record (BP-A0381) in the Inmate Central File,

Section 2, is sufficient to document that a meaningful, timely post-furlough interview has taken

place. The entry (typed or legibly handwritten) includes:

# Furlough date(s).

# Date the interview was conducted.

# Purpose of the furlough and whether it was fulfilled.

# Summary of furlough activity, and any problems or concerns encountered by the inmate.

# Interviewer’s signature.

Staff report anything unusual that occurred during a medical or non-medical furlough to the unit

team via memorandum, which is filed in the Inmate Central File, Section 6, or Privacy Folder,

Section 2.

Unit Staff contact the appropriate community resource (USPO, CSOSA, family, local law

enforcement, etc.) to gather information when they learn that anything unusual occurred during a

furlough. Information from the inmate and any contacts is recorded in the post-furlough

interview entry in the Inmate Activity Record. Freedom of Information Act Exempt information

is documented in a memorandum and filed in the Section 2 of the Privacy Folder.

An inmate who absconds from furlough or fails to meet any conditions of the furlough is deemed

an escapee under 18 U.S.C. § 4082 and § 751. D.C. Code offenders may also be subject to the

provisions of D.C. Code § 22-2601.

Staff process as an escapee an inmate who absconds from furlough.

Staff may take disciplinary action against an inmate who fails to comply with any of the

conditions of the furlough. See the Program Statement Inmate Discipline and Special Housing

Units.