BOP Program Statement 5380.08 § 8

obligation, unit staff shall help that inmate develop a

financial plan and shall monitor the inmate's progress in

meeting that obligation.]

During an inmate’s initial classification, the Unit Manager

will ensure unit staff cross reference the Judgment and

Commitment Order (J&C) with the Sentence Monitoring

Computation Data SENTRY transaction. If the sentence

computation is not completed prior to the initial

classification, unit staff will perform the cross check as

soon as practicable, normally within 45 calender days of the

inmate’s arrival. In the event of an amended J&C, or an

additional J&C order, unit staff will review for any changes

in IFRP status. Specifically, the Court of Jurisdiction,

sentencing date, docket number, and financial obligations must

be reviewed to ensure accuracy. After cross checking, any

discrepancies will be communicated to the ISM Department for

correction.

Staff will encourage inmates to satisfy their legitimate

financial obligations at the time of commitment or

subsequently to earn compensation through UNICOR or other

institution work assignments.

The Unit Team may postpone a newly committed inmate's

participation in the IFRP until his or her first Program

Review, if staff determine the inmate has limited financial

resources. In ordinary situations, an inmate will be

considered to have limited financial resources when he or she

does not have enough institution earnings or trust fund

account deposits to make a minimum IFRP payment of $25 per

quarter. At the unit team’s discretion, inmates may be

required to make their first IFRP payment prior to being

approved for special purchase requests.

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[a. Developing a Financial Plan. At initial

classification, the Unit Team shall review an inmate's

financial obligations, using all available documentation,

including, but not limited to, the Presentence Investigation

and the Judgment and Commitment Order(s). The financial plan

developed shall be documented and will include the following

obligations, ordinarily to be paid in the priority order as

listed:

(1) Special Assessments imposed under 18 U.S.C. 3013;]

A defendant's obligation to pay a special assessment

ceases five years after the date judgment was imposed.

Inmates who fail to pay their assessments during the five-year

period become absolved of this responsibility. (18 U.S.C. §

3013 (c)) ‘No Oblig’ will be entered for those inmates whose

special assessment has expired and they have no other

financial obligations.

[(2) Court-ordered restitution;]

When the court imposes restitution in conjunction with a

special assessment, the inmate and Unit Team may develop a

financial plan for satisfying the restitution prior to

the special assessment, provided:

(a) Significant bodily injury to a victim occurred as

a result of the offense; and/or

(b) Significant loss or destruction of property to a

victim occurred as a result of the offense; and/or,

(c) The court, U.S. Attorney's Office, or other law

enforcement agency in the jurisdiction where the offense

occurred

has requested it.

When considering this option, staff should be aware that

special assessments expire after five years and every effort

should be made to collect the special assessment prior to its

expiration.

If the J&C states that restitution is to be made directly

to the victim, the payment(s) is still processed through the

SENTRY IFRP module, and Financial Litigation staff will

distribute the funds.

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A defendant's obligation to pay restitution ceases 20

years after the inmate's release from incarceration for

inmates convicted on or after April 24, 1996.

A defendant's obligation to pay restitution ceases on a

circuit-by-circuit basis for inmates convicted prior to

April 24, 1996. (18 U.S.C. § 3613(b))

[(3) Fines and court costs;]

The court may establish a payment schedule or a deferred

payment date to satisfy a restitution order or a fine. When

the dates of the court-ordered payment schedule follow the

period of incarceration, the financial plan should address any

other financial obligations, while encouraging inmates to save

funds to help meet future obligations.

A defendant's obligation to pay a fine ceases 20 years

after the date judgment was imposed for inmates convicted

prior to April 24, 1996.

A defendant's obligation to pay a fine ceases 20 years

after the inmate's release from incarceration for inmates

convicted on or after April 24, 1996. (18 U.S.C. § 3613(b))

[(4) State or local court obligations; and]

These may include child support, alimony, etc. Unit

staff must obtain documentation that demonstrates the inmate’s

obligation. These documents may include a court order or

judgement, or a letter with the inmate’s obligation from a

state Child Support Enforcement Unit. This documentation may

be obtained from the U.S. Probation Office, directly from the

Court issuing the order, or from a state Child Support

Enforcement Unit.

[(5) Other federal government obligations.]

(a) Fees imposed under the provisions of Cost of

Incarceration (18 U.S.C. § 4001) will be paid before other

financial obligations included in this category. Other

obligations included in this category are judgments in favor

of the United States, as well as such obligations as student

loans, Veterans Administration claims, tax liabilities,

Freedom of Information/Privacy Act fees, etc.

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In accordance with 18 U.S.C. § 3624(e), any inmate who

has a term of supervised release and a fine relative to the

offense under which he or she was committed, must agree to

adhere to an installment schedule to pay any remaining balance

on this fine while under release supervision. Any inmate who

refuses to comply with 18 U.S.C. § 3624(e) must remain in

Bureau custody.

The inmate must sign and unit staff are to witness the

Agreement to Adhere to Installment Schedule Agreement for

Unpaid Fines (BP-S864.053 available on BOPDOCS and Sallyport)

no later than 60 days prior to the inmate's release from

custody. The signed agreement is to be placed in the Inmate

Central File (section 1) and copies forwarded to the

appropriate records office and the Supervising U.S. Probation

Officer. This form should not be completed for any other type

of court ordered financial obligations, such as assessments,

costs, restitutions, committed fines, or other types of

obligations.

A consecutive sentence in which there is a court-imposed financial obligation does not relieve an inmate of

satisfying that debt(s) prior to actually serving that

sentence. He or she is to be placed in the appropriate IFRP

status depending upon the Unit Team's assessment of the

inmate's ability to pay based upon community resources and

institution earnings. When staff are notified by the Courts,

or an agent of the Courts, that an inmate is assessed interest

on an obligation, staff will enter the total interest to be

paid as a separate obligation only after the principal has

been paid in full.

Absent direction from the court concerning when an

obligation should be collected, payments may begin during an

inmate's period of incarceration. However, unit staff are to

contact the U.S. Probation Office for clarification when it is

unclear if the court-ordered obligation is to be paid while

the inmate is in Bureau custody or as a condition of

supervision. Additionally, if the J&C has a specific payment

plan outlined, payments are to be collected according to the

direction provided in the order.

[b. Payment. The inmate is responsible for making

satisfactory progress in meeting his/her financial

responsibility plan and for providing documentation of these

payments to unit staff. Payments may be made from institution

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Page 8

resources or non-institution (community) resources. In

developing an inmate's financial plan, the Unit Team shall

first subtract from the trust fund account the inmate's

minimum payment schedule for UNICOR or non-UNICOR work

assignments, set forth below in paragraphs (b)(1) and (b)(2)

of this section. The Unit Team shall then exclude from its

assessment $75.00 a month deposited into the inmate's trust

fund account. This $75.00 is excluded to allow the inmate the

opportunity to better maintain telephone communication under

the Inmate Telephone System (ITS).]

At each program review, when reviewing the inmate's

financial plan, the Unit Team must:

• determine the total funds deposited into the

inmate's trust fund account for the previous six

months;

• subtract the IFRP payments made by the inmate during

the previous six months; and

• subtract $450 (i.e., $75 x 6 months, ITS exclusion).

Any money remaining after the above computation may be

considered for IFRP payments, regardless of whether the money

is in the inmate's trust fund or phone credit account. The

Unit Team has the discretion to consider all monies above that

computation to adjust the inmate's IFRP payment plan.

The Unit Manager is the determining authority when it

comes to deciding whether an inmate’s IFRP payments are

commensurate with his/her ability to pay. This decision is

solely at the discretion of the Unit Manager and is to be

decided on a case-by-case basis. Variations in what is

considered a commensurate payment are expected and are

appropriate since the determination of commensurate payments

is based on individual circumstances.

Note: Once money has been transferred from the

inmate's trust fund account to the inmate's

phone credit account, this money may not be

transferred back to the inmate's trust fund

account, except as provided for in the Trust

Fund/Warehouse/Laundry Manual. If an inmate's

IFRP payment plan is adjusted due to a

significant amount of incoming funds (above the

$450 exclusion) being deposited in the phone

credit account, the inmate is to be encouraged

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to refrain from additional deposits to the phone

credit account to accommodate the new IFRP

payments.

[(1) Ordinarily, the minimum payment for non-UNICOR and

UNICOR grade 5 inmates will be $25.00 per quarter. This

minimum payment may exceed $25.00, taking into consideration

the inmate's specific obligations, institution resources, and

community resources.

(2) Inmates assigned grades 1 through 4 in UNICOR

ordinarily will be expected to allot not less than 50% of

their monthly pay to the payment process. Any allotment which

is less than the 50% minimum must be approved by the Unit

Manager. Allotments may also exceed the 50% minimum after

considering the individual's specific obligations and

resources.]

Inmates with available financial resources will be

encouraged to make single payment amounts. For example, an

inmate with a $100 felony assessment will be encouraged to

make a one time single payment, provided the inmate has the

financial resources to do so.

"Monthly pay" includes bonus and vacation pay. A

recommendation for a lump sum award is to be forwarded from

the detail work supervisor to the Unit Team to note the

inmate's IFRP status prior to forwarding it to the Warden.

IFRP payment plans for UNICOR inmates assigned grades 1

through 4 who earn less than $50 per month should be set up as

single or quarterly trust fund withdrawals (the Unit Team is

to determine the frequency of payments; however, payments

should not be monthly unless they are outside payments) until

the inmate earns at least $50 monthly in a UNICOR position.

The payment should be for no less than $25. When the inmate

earns $50 or more per month, the IFRP payment plan should be

changed to stipulate 50% of the inmate's pay.

(3) Payments may be made in the following manner:

(a) Non-Institutional Payments. An inmate may use

non-institutional (community) resources to satisfy a financial

obligation. Ordinarily, these are "one-time" payments

directly to the parties to whom the obligations are owed and

are intended to satisfy obligations of significant amounts.

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It is the inmate’s responsibility to ensure staff are

provided with a receipt to confirm a payment form a community

resource. This receipt must be furnished prior to the first

of the month to ensure that they are credited like all other

inmates. Cancelled checks or copies of court receipts are not

sufficient documentation as they may be altered. The original

receipt will be photocopied for the file and the staff who

verified the copy from the original will sign and date the

copy.

Furthermore, unless an original receipt is provided,

the receipt for payment must be confirmed by unit staff with

the appropriate law enforcement agency (U.S. Attorney's

Office, U.S. Probation Office, Clerk of Court, etc).

(b) Institution Single Payment. When an inmate's

total financial obligation is $100 or less (for example, a

Special Assessment) a single payment should be encouraged.

(c) Institution Monthly/Quarterly Repetitive

Withdrawals. Repetitive withdrawals from the inmate's Trust

Fund Account will be used for all inmates who elect to make

financial payments from institution earnings. By using the

SENTRY program, unit staff must indicate if the repetitive

payment is to be made monthly or quarterly. Quarterly

repetitive payments should be requested only from non-UNICOR

and UNICOR Grade 5 inmates. Repetitive withdrawals for UNICOR

inmates Grades 1-4 are discussed below.

The Office of Financial Management (OFM) is to process

quarterly repetitive payments once each quarter during the

last month of each quarter (December, March, June and

September). Any payment plan indicating quarterly repetitive

payments OFM received during the first or second month of the

quarter are to be held and processed during the last month of

the quarter.

[c. Monitoring. Participation and/or progress in the

Inmate Financial Responsibility Program will be reviewed each

time staff assess an inmate's demonstrated level of

responsible behavior.]

At these reviews, the IFRP payment plan status appears on

the team sheet. The inmate’s degree of participation will be

reflected on the Program Review Report by noting the following

in the “FRP Plan/Progress” section:

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! the balance owed on the obligation(s),

! the current financial plan,

! the total amount deposited into the inmate’s trust

fund account for the previous six months, and

! whether the financial plan is being increased,

decreased, or will continue at the same rate.

Each month, the IFRP Coordinator will review the IFRP SENTRY

Module Transaction PIEA (Display or Print Expected Versus

Actual Withdrawal Amount) transaction after the withdrawals

have been completed. This transaction allows the user to

display or print a list of inmates who paid less than the

amount specified in the inmate’s financial plan.

— The Unit Team may also use this information to

determine if an inmate needs to be placed in

“Refuse” status or if the inmate needs to be

counseled.

The IFRP Coordinator will forward a copy of this transaction

to each Unit Manager, who will ensure appropriate action is

taken regarding inmates whose actual payments where less than

expected.

When preparing a progress report, a statement as to what

progress the inmate made during his/her incarceration on court

ordered obligations must be included. Unit staff may make

positive comments regarding the inmate’s FRP participation.

[d. Effects of Non-participation. Refusal by an inmate to

participate in the financial responsibility program or to

comply with the provisions of his financial plan ordinarily

shall result in the following:

(1) Where applicable, the Parole Commission will be

notified of the inmate's failure to participate;

(2) The inmate will not receive any furlough (other than

possibly an emergency or medical furlough);]

This restriction does not apply to inmates requiring

medical furloughs and inmates with "OUT" or "COM" custody who

are transferring from one institution to a minimum security

level institution via an unescorted transfer.

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[(3) The inmate will not receive performance pay above

the maintenance pay level, or bonus pay, or vacation pay;]

The Unit Team is to consider institution needs,

particularly for skilled workers. Such needs may require that

an inmate with a financial obligation be assigned to a lower

paying, non-UNICOR work assignment. The Unit Team considers

this when developing the inmate's financial plan. An inmate

working above the maintenance pay level who fails to make

satisfactory progress on his or her payment plan is to be

reduced to maintenance pay.

[(4) The inmate will not be assigned to any work detail

outside the secure perimeter of the facility;]

Additionally, inmates will not be permitted to

participate in activities outside the secure perimeter, such

as speaking engagements.

[(5) The inmate will not be placed in UNICOR. Any

inmate assigned to UNICOR who fails to make adequate progress

on his/her financial plan will be removed from UNICOR, and

once removed, may

not be placed on a UNICOR waiting list for six months. Any

exceptions to this require approval of the Warden;]

The Unit Team may recommend an inmate for priority

placement in UNICOR to assist in paying a significant

financial obligation. Ordinarily, an inmate will not be

recommended for priority placement unless he or she has

obligations totaling at least $1,000 and limited outside

resources.

[(6) The inmate shall be subject to a monthly commissary

spending limitation more stringent than the monthly commissary

spending limitation set for all inmates. This more stringent

commissary spending limitation for IFRP refuses shall be at

least $25 per month, excluding purchases of stamps, telephone

credits, and, if the inmate is a common fare participant,

Kosher/Halal certified shelf-stable entrees to the extent that

such purchases are allowable under pertinent Bureau

regulations;]

Inmates in IFRP "REFUSE" status will not be permitted to

spend more than $25 per month in commissary, excluding

purchases of stamps and telephone credits. Staff will not

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approve any special purchase item request(s) for inmates in

IFRP "REFUSE" status, except for purchases of Kosher/Halal

certified shelf-stable entrees for those inmates verified as

common fare participants.

[(7) The inmate will be quartered in the lowest housing

status (dormitory, double bunking, etc.);

(8) The inmate will not be placed in a community-based

program;]

The Unit Team is to consider the inmate's participation

in the IFRP as an important factor when determining Community

Corrections Center (CCC) placement.

[(9) The inmate will not receive a release gratuity

unless approved by the Warden.]

When a non-participating inmate's need for funds is

exceptionally great, the Unit Team may recommend to the Warden

that a gratuity be given.

[(10) [Reserved]] (This section is reserved for future

rule changes.)

[(11) The inmate will not receive an incentive for

participation in residential drug treatment programs.]

Incentives are defined as early release, financial

awards, maximum CCC placement consideration, and local

institution incentives. Staff are referred to the Drug Abuse

Programs Manual, for limitations, guidelines, and eligibility

criteria.

(12) The inmate's score on "Responsibility" on the

Custody Classification form (BP-338), is to be zero, in

accordance with the Security Designation and Custody

Classification Manual Program Statement.