BOP Program Statement 5880.28 Change Notice 3

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5880.28

CHANGE NOTICE NUMBER: CN-03

DATE: February 14, 1997

1. PURPOSE AND SCOPE. To update certain sections of the

Sentence Computation Manual-CCCA pertaining to the Sentencing

Reform Act of 1984 implementation procedures.

2. DIRECTIVE RESCINDED

OM 069-96 (5880) Date of Offense for ("New Law")

Supervised Release/Probation Violators

(06/11/96)

3. SUMMARY OF CHANGES

a. Pages 1 - 8 through 9A. A new penalty provision ((c)(1))

has been added to 18 U.S.C. § 3559 by the VCCLEA.

b. Pages 1 - 11 through 11C. Implementation instructions for

new 18 U.S.C. § 3561(a)(3), which authorizes imposition of a

"split sentence" for a petty offense, are provided.

c. Pages 1 - 14 through 14A. Reference to a rescinded Program

Statement was removed and more definitions were added.

d. Pages 1 - 14B through 14C. Language was added to clarify

the date of offense determination criteria for an escapee.

e. Pages 1 - 14C through 16. Clarification language for

making date of offense determinations is added; the "official

detention" definition is reinforced and further explained.

f. Pages 1 - 16A through 16B. Instructions for determining 18

U.S.C. § 3585(b)(1) credit are expanded.

g. Pages 1 - 17 through 19. Clarification language about

vacated sentences is added.

PS 5880.28

(CN-03) February 14, 1997

Page 2

h. Page 1 - 21 through 23. The title of the official document

to be used for making 18 U.S.C. § 3585(b)(2) determinations was

added and "Willis" and "Kayfez" determination instructions were

expanded.

i. Pages 1 - 23A through 25. Date of offense for a probation

sentence is further explained.

j. Pages 1 - 26 through 27. Redundant information removed.

k. Pages 1 - 31 through 37A. Implementation instructions for

the court's authority to impose a federal sentence to be served

concurrently with, or consecutively to, an existing non-federal

sentence and a clarification about the differences between

sentences imposed at the same or different times is added.

l. Pages 41 through 44A. Instructions about the disallowance

of GCT outside the time limit are amended.

m. Page 50. A change is made to allow staff to officially

award GCT at any time within the 15 days following the

anniversary date or the last six weeks of a sentence as

authorized by statute rather than requiring the official act to

take place on the last possible day to "vest."

n. Page 52. This change reiterates the amendment made to Page

50.

o. Pages 61A through 61B. A guide to monitoring GCT awards

has been added.

p. Pages 69 through 69A. Information about fines as applied

to supervised release violators is added.

q. Pages 1 - 73 through 74. Information is provided about the

court's authority to impose a term of supervised release to

follow a sentence for revocation of supervised release.

4. TABLE OF CHANGES

Remove Insert

Pages 1 - 8 and 1 - 9 Pages 1 - 8 - 1 - 9A (CN-03)

Page 1 - 11 Pages 1 - 11 - 1 - 11C

(CN-03)

Pages 1 - 14 - 1 - 16A Page 1 - 14 - 1 - 16A

(CN-02) (CN-03)

Pages 1 - 17 - 1 - 19 Pages 1 - 17 - 1 - 19

(CN-03)

Pages 1 - 21 - 1 - 24D Pages 1 - 21 - 1 - 24D

(CN-02) (CN-03)

PS 5880.28

(CN-03) February 14, 1997

Page 3

Remove Insert

Pages 1 - 25 - 1 - 27 Pages 1 - 25 - 1 - 27 (CN-03)

Pages 1 - 31 - 1 - 37 Pages 1 - 31 - 1 - 37

(CN-03)

Pages 1 - 41 - 1 - 44 Pages 1 - 41 - 1 - 44A

(CN-03)

Page 1 - 50 Page 1 - 50 (CN-03)

Page 1 - 52 Page 1 - 52 (CN-03)

Pages 1 - 61A and 1 - 61B

(CN-03)

Page 1 - 69 (CN-02) Pages 1 - 69 and 1 - 69A

(CN-03)

Pages 1 - 73 and Pages 1 - 73 - 1 - 74

1 - 74 (CN-02) (CN-03)

5. ACTION. File this Change Notice in front of PS 5880.28, the

Sentence Computation Manual (CCCA of 1984).

\s\

Kathleen M. Hawk

Director