BOP Program Statement 5380.06 § 10

waive the fee if the person under confinement establishes that:

a. He or she is not able and, even with the use of a

reasonable installment schedule, is not likely to become able to

pay all or part of the fee, or

b. Imposition of a fee would unduly burden the defendant's

dependents.]

This section is intended to apply where the inmate's financial

situation has changed subsequent to the PSI’s preparation. The

burden is on the inmate to demonstrate to the Warden’s

satisfaction that it is unlikely that he or she would be able to

pay such fee, or that it would unduly burden his or her

dependents. Some examples of circumstances that may involve an

undue burden on an inmate's dependents include:

(1) non-elective medical expenses for a dependent's mental

or physical health;

(2) accidents or random events (automobile, natural

disasters, etc.) that involve serious personal harm or damage to

an inmate's family or property and result in a major financial

burden impacting the dependent(s); or

(3) the dependent(s) would otherwise be deprived of basic

subsistence requirements (food, transportation to school, etc.).