BOP Program Statement 5380.06 § 8

began service of sentence before January 1, 1995, or who have had

a fine either imposed or expressly waived by the United States

District Court, pursuant to Section 5E1.2 (e) of the United

States Sentencing Guidelines, or any successor provisions, are

exempt from fee assessment otherwise required by this part.]

Section 5E1.2(d) of the U.S. Sentencing Guidelines (USSG)

requires judges to consider the expected costs to the government

of any term of imprisonment, except in cases when the judge

determines pursuant to Section 5E1.2(e) of the USSG that the

defendant is unable to pay a fine. If the judge has waived a

fine, the Bureau may not impose a COIF.

a. The Bureau of Prisons may not impose a COIF in the

following circumstances:

< Judge waives the fine

< Judge imposes a fine which includes an additional

amount to cover costs of incarceration

< Fine amount and/or cost of incarceration amount is

entered as zero on the Judgment and Commitment (J&C)

< Judge imposes a fine but determines that the defendant

does not possess sufficient funds to pay, and

therefore, waives the fine

< Inmate was sentenced on or after November 1, 1997, and

a fine has been imposed (including zero amount)

Fines imposed on or after November 1, 1997, have already taken

into consideration costs to the government, including terms of

imprisonment. Therefore, the Bureau is not in a position to

further assess a COIF.

b. Situations in which the Bureau may impose a COIF include

the following:

< Judge neither imposed nor waived a fine; there is no

indication on the J&C that a fine and/or cost of

incarceration had been considered during sentencing

OR

PS 5380.06

8/11/99

Page 5

< The inmate entered Bureau custody on or after January

1,1995, and was sentenced prior to November 1, 1997,

and the Judge has imposed a fine; however, the J&C does

not indicate that the fine amount includes the cost of

incarceration, (nor has an additional amount been

specified to cover cost of incarceration)

Under these circumstances, staff shall complete the Cost of

Incarceration Fee Worksheet (BP-546) to determine whether the

inmate is required to contribute to the COIF fund. If the inmate

is not eligible, no further review is needed. The completed

BP-546 is to be filed in section one of the Inmate Central File.