BOP Program Statement 5880.30 Change Notice 2

U.S. Department of Justice

Federal Bureau of Prisons

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DIRECTIVE BEING CHANGED: 5880.30

CHANGE NOTICE NUMBER: CN-02

DATE: July 18, 1994

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1. PURPOSE AND SCOPE. This Change Notice includes simplified

instructions for making presentence time credit determinations, adds

definitions and incorporates the decisions of the U.S. Courts of

Appeals.

2. DIRECTIVE RESCINDED

O.M. 269-93 Presentence Time Credit (U.S.C. § 3568) for Ninth

Circuit Pre-Guideline ("Old Law") Sentences (11/16/93)

3. SUMMARY OF CHANGES

a. Chapter VI, Page 1. Paragraph 2., "Definitions," was expanded

to include definitions for "Qualified State Presentence Time" and "Raw

EFT."

b. Chapter VI, page 4, para. 7.b.(5). A reference to a statutory

provision was changed to show the applicable new statute and reference

was made to another paragraph in the manual.

c. Chapter VI, pages 4 and 4A, para. 7.b.(6). An amendment to this

paragraph was made to cite an additional Ninth Circuit Court of

Appeals case and the impact of the case on defendants released on

probation. The amendment also adds appeal bond releases to the types

of situations that may accrue additional prior custody time credits.

d. Chapter VI, Pages 7, 8 and 9. The instructions in paragraph (a)

for making determinations as to the applicability of state presentence

time credits for a federal sentence were simplified and consolidated.

The instructions in paragraph (b) for determining whether the state

gave credit for presentence time were expanded and an explanation

concerning time credits to award under Kayfez was added.

P.S. 5880.30

CN-02 July 18, 1994

Page 2

e. Chapter VII, pages 22, 22A, and 22B, para. 5.v.. A new

paragraph has been added to reflect the manner in which U.S. Code and

D.C. Code sentences must be aggregated for parole eligibility purposes

to conform to a decision by the D.C. Circuit Court of Appeals.

f. Chapter VII, Page 51, Step No. 3. A one day calculation error

was corrected.

g. Chapter VII, Page 51, Step No. 4. An explanation of the proper

method for calculating a regular sentence followed by a consecutive PV

term and an example to demonstrate the method of calculation was

added.

h. Chapter VII, pages 53 and 54, para. 13.c.. This section,

pertaining to the point in time when an "Old Law" supervised release

term commences, has been revised to reflect the agreement between the

Administrative Office of the U. S. Courts and the United States Parole

Commission about the commencement of the supervised release term.

4. TABLE OF CHANGES

Remove Insert

Chapter VI Chapter VI

Chapter VII, Pages 21-22 Chapter VII, Pages 21, 22,

22A, and 22B

Chapter VII, Pages 51-54 Chapter VII, Pages 51, 52,

52A, 53, and 54

5. ACTION. File this Change Notice in front of Program Statement

5880.30, the Old Law Sentence Computation Manual.

\s\

Kathleen M. Hawk

Director