BOP Program Statement 5380.06 § 3

Each eligible inmate committed to Bureau custody, who is found to

have sufficient assets and has not been assessed a fine by the

court, will be assessed a fee to cover the cost of incarceration

as mandated by 18 U.S.C. §4001.

Note: The Bureau’s Cost of Incarceration FEE (COIF-BOP) is

separate and distinct from the Cost of Incarceration FINE

imposed by the Court (COIF-Court). The Court has judicial

authority to impose a fine which is punitive in nature and

part of the individual’s sentence. Funds collected in this

category (COIF-Court) are transmitted by the Business Office

to the U.S. Treasury Department.

However, when the Court has not considered a Cost of

Incarceration FINE, the Bureau is responsible for evaluating

the inmate’s financial resources by completing the Cost of

Incarceration Fee Worksheet (BP-546). Those inmates

determined to have the financial resources available are to

be assessed the Bureau’s Cost of Incarceration FEE. This is

a one-time-only fee, not to exceed the yearly cost of

housing an inmate. Monies collected in this category remain

in a special fund at the local institution (see Attachment B

for clarification).

At no time will both a Court COIF and a Bureau COIF be

imposed on the same inmate.