BOP Program Statement 5880.30 § 13

time data transaction must be placed in the J&C File. Any prior hard

copies are to be destroyed. The person performing the SGT adjustment,

and the person auditing the adjustment will so signify by signing and

dating the source document used in the update. The source document

will then be placed in the J&C File, with a copy to the central file. *

P.S. 5880.30

July 16, 1993

Chapter V, Page 1

V INOPERATIVE TIME

1. Explanation and application of inoperative time. After a

sentence has begun to run, it becomes "inoperative" if it stops

running for any reason and remains inoperative until it resumes. This

condition is known as inoperative time. Inoperative time is always

applied to a sentence before presentence time credits are applied.

There is no statute that discusses inoperative time. 18 USC § 3568,

however, states that,

"The sentence of imprisonment of any person convicted of an

offense shall commence to run from the date on which such

person is received at the penitentiary, reformatory, or jail

for service of such sentence. The Attorney General shall

give any such person credit toward service of his sentence

for any days spent in custody in connection with the offense

or acts for which sentence was imposed. . .

If any such person shall be committed to jail or other place

of detention to await transportation to the place at which

his sentence is to be served, his sentence shall commence to

run from the date on which he is received at such jail or

other place of detention."

Based on the language in 18 USC § 3568 that a person must be committed

to an official place of detention before the sentence can commence, or

before credit for time in custody prior to sentence can be awarded,

then the Bureau of Prisons concludes that no credit for time served on

the sentence, or for time in custody prior to sentencing, can be

authorized for non-custody time. This conclusion is supported by the

courts in a long line of cases pertaining to the issue.

2. Inoperative time reasons. The most frequent reasons that a

sentence becomes inoperative are escape, stay of execution for release

pending appeal or to complete personal/business matters, voluntary

surrender, civil contempt, probation revocation of a one count "split

sentence" and release pending a parole revocation hearing. In

addition, under certain circumstances (18 USC § 4210(c), the Parole

Commission may extend the parole supervision period of a person as a

result of actions taken, or not taken, by such person, which is also

known as inoperative (or absconder) time.

a. Escape. If a person departs federal custody after arrest

without the permission of the Attorney General or order of the court,

then such person will be placed in escape status and

P.S. 5880.30

July 16, 1993

Chapter V, Page 2

the sentence then serving shall become inoperative. Escape

inoperative time applies to sentences imposed under the Youth

Corrections Act and the Narcotic Addict Rehabilitation Act the same as

for regular criminal sentences.

(1) If the person was in a presentence condition at the time of

escape, then presentence time credit will terminate with credit

allowed for the day of escape. This condition, of course, is not an

inoperative time situation if no federal sentence was in operation.

(2) If the prisoner was serving a sentence at the time of

escape, then the sentence will become inoperative beginning the day

after the escape and will remain in that status through the day before

federal custody resumes. This same rule applies to prisoners who

escape from the extended limits of confinement authorized under 18 USC

§ 4082 and 18 USC § 3624(c) (home confinement). (Note: For offenses

that occur prior to November 1, 1987 ("old law"), 18 USC § 4082, as it

existed prior to November 1, 1987, applies.)

(3) If the prisoner is serving the federal sentence in a non-federal facility under contract and escapes, then the federal sentence

will automatically resume running if the prisoner is apprehended and

returned to the custody of the non-federal facility as a result of the

escape. Again, the sentence would become inoperative beginning the

day after escape and would continue in that status through the day

before return to custody.

(4) If a federal sentence is being served in state custody

concurrently with a state sentence and the prisoner escapes, then the

federal sentence will become inoperative beginning the day after

escape. The federal sentence will not, however, automatically resume

running upon apprehension by state authorities. The federal sentence

will remain inoperative until the prisoner is either redesignated to

state custody or until the prisoner is received in federal custody.

(The federal sentence would not resume if the only basis for future

federal custody is a federal writ of habeas corpus from state

custody.)

P.S. 5880.30

July 16, 1993

Chapter V, Page 3

(5) If a prisoner is responsible for causing his removal from

federal custody, e.g., a community corrections facility, furlough,

etc., by state officials as a result of new criminal activity, then

that prisoner will be placed in escape status and the federal sentence

will not resume until return to federal custody or unless the

prisoner's present non-federal location is designated as the place to

serve the federal sentence. (See the program statement on Escape from

Extended Limits of Confinement.)

(a) If the non-federal charges (even if intentionally

concealed by the prisoner) that caused removal from custody existed

prior to the beginning date of the federal sentence and if those

charges are dismissed, or the person is acquitted after trial, or the

person was removed for investigation purposes, and the person is

absent from the designated place of confinement beyond the date on

which the absenteeism began, then any such absentee time spent in

custody shall not be treated as inoperative, the escape status shall

be cancelled and any records pertaining to escape for the reasons just

discussed shall be expunged.

(b) If, after removal from federal custody by state officials,

the prisoner fails to return to federal custody as soon as possible

after the state incident is resolved, then regular escape procedures

shall be put in effect and the sentence will become inoperative

beginning the day after he was able to return to federal custody and

shall continue through the day prior to the date that federal custody

resumes.

b. Stay of execution for release pending appeal or for

personal/business purposes. 18 USC § 3143 is the statute that sets

forth the rules for release on appeal after a finding of guilty and

after being sentenced to a term of imprisonment. Rule 38(b) of the

Rules of Criminal Procedure provides the rule that prevents time

credit on a sentence after release on appeal. Release pending appeal

inoperative time applies to sentences imposed under the Youth

Corrections Act and the Narcotic Addict Rehabilitation Act the same as

for regular criminal sentences and states in part that,

"A sentence of imprisonment shall be stayed if an appeal is

taken from the conviction or sentence and the defendant is

released pending disposition of appeal..."

(1) Ordinarily, release on appeal occurs on the same day as

sentencing, thereby delaying the start of the sentence to some future

date. In that situation, no inoperative time occurs since the

sentence has been prevented from starting. The day of sentencing,

however, will count as one day of presentence time credit if the

prisoner was in fact in custody on the basis of the offense for which

sentenced.

P.S. 5880.30

July 16, 1993

Chapter V, Page 4

(2) If release on appeal occurs more than one day after

sentencing, then the sentence will actually have begun to run and the

subsequent period of time, beginning on the day after release on

appeal, shall be treated as inoperative time.

On occasion, the court will grant a short stay of execution of

sentence (usually not more than ten days) so that the prisoner will

have an opportunity to arrange or complete personal/business matters

prior to beginning service of the sentence.

c. Voluntary surrender. The courts will, on occasion, order a just

sentenced person to voluntarily or self surrender to the designated

institution of confinement even though there appears to be no

statutory provision for the practice. The Bureau of Prisons does

encourage the use of voluntary surrender in appropriate cases. (See

the Program Statement on Unescorted Transfers and Voluntary Surrenders

and 28 CFR 522, Subpart D--Voluntary Surrender Commitments and

Transfers to Bureau of Prisons Facilities.)

Ordinarily, the court will order voluntary surrender on the date

that the sentence is imposed and the person is released on that date.

In that case, one day of presentence time credit is authorized for the

day of sentencing providing that the person was in federal custody for

the offense for which sentenced. If, however, the person is in

custody for more than one day after sentencing before the voluntary

surrender order is entered, then the sentence will actually have begun

to run and the subsequent period of time, beginning on the day after

release, shall be treated as inoperative time up to the date that the

person is again in federal custody.

d. Civil contempt. Occasionally, while serving a criminal

sentence, a prisoner will receive a civil contempt sentence which

shall interrupt the service of that criminal sentence. Presentence

time credit is not accrued toward any other sentence during service of

a civil contempt sentence even if the service of the civil contempt

sentence is before trial and/or sentencing on the criminal sentence to

which it pertains. (Also see Chapter V., paragraph 2.)

A civil contempt sentence affects a Narcotic Addict

Rehabilitation Act sentence and a sentence under the provisions of the

Youth Corrections Act the same as a criminal sentence. (See the

Program Statement on Civil Contempt of Court Commitments.) There are

two civil contempt sections.

P.S. 5880.30

July 16, 1993

Chapter V, Page 5

18 USC § 401 states,

"A court of the United States shall have power to punish by

fine or imprisonment, at its discretion, such contempt of

its authority, and none other, as--

(1) Misbehavior of any person in its presence or so near

thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official

transactions;

(3) Disobedience or resistance to its lawful writ,

process, order, rule, decree, or command."

A civil contempt sentence under 18 USC § 401 is under the sole

jurisdiction of the court and has no time limit. The sentence will

not terminate until the prisoner purges himself of the contempt or

until the court orders the sentence terminated.

28 USC § 1826 states,

"(a) Whenever a witness in any proceeding before or

ancillary to any court or grand jury of the United

States refuses without just cause shown to comply with

an order of the court to testify or provide other

information, including any book, paper, document,

record, recording or other material, the court, upon

such refusal, or when such refusal is duly brought to

its attention, may summarily order his confinement at

a suitable place until such time as the witness is

willing to give such testimony or provide such

information. No period of such confinement shall

exceed the life of--

(1) the court proceeding, or

(2) the term of the grand jury, including extensions,

before which such refusal to comply with the

court order occurred, but in no event shall such

confinement exceed eighteen months.

"(b) No person confined pursuant to subsection (a) of this

section shall be admitted to bail pending the

determination of an appeal taken by him from the order

for his confinement if it appears that the appeal is

frivolous or taken for delay. Any appeal from an

order of confinement under this section shall be

disposed of as soon as practicable, but no later than

thirty days from the filing of such appeal.

P.S. 5880.30

July 16, 1993

Chapter V, Page 6

"(c) Whoever escapes or attempts to escape from the custody

of any facility or from any place in which or to which

he is confined pursuant to this section or section

4243 of title 18, or whoever rescues or attempts to

rescue or instigates, aids, or assists the escape or

attempt to escape of such a person, shall be subject

to imprisonment for not more than three years, or a

fine of not more than $10,000, or both."

A civil contempt sentence under 28 USC § 1826 may be ended in any

one of four ways, the actual manner dependent upon which circumstance

occurs first, and they are: 1) The prisoner purges himself of

contempt by cooperating with the court; 2) the court proceedings

terminate; 3) the term imposed by the court (not to exceed 18 months)

expires; and 4) the term of the grand jury expires.

(1) Unless the court orders otherwise, a civil contempt sentence

shall interrupt the service of a criminal sentence for the duration of

the civil contempt sentence. As a result, in the case of a civil

contempt sentence that is ordered to commence on the date that it is

imposed, the criminal sentence will become inoperative on the day

after the civil contempt sentence begins and shall resume running on

the day that the contempt sentence ends, providing that the prisoner

is in federal custody for service of the criminal sentence.

(2) If the civil contempt sentence is ordered to begin some date

in the future, then the criminal sentence will become inoperative on

the day that the contempt sentence begins and shall resume running on

the day that the contempt sentence ends, providing that the prisoner

is in federal custody for service of the criminal sentence.

(3) If a civil contempt sentence is in effect when a criminal

sentence is imposed, and the prisoner is available for service of the

sentence, the just imposed criminal sentence runs concurrently with

the civil contempt sentence unless the court specifically orders the

criminal sentence to be served consecutively to preserve the intended

effect of the civil contempt sentence.

e. One count "split sentence." Another type of inoperative time

can occur after revocation of probation from a sentence imposed on one

count under the "split sentence" provisions of 18 USC § 3651.

(1) In the case of a split sentence, the inoperative time begins

the day after release from the initial portion of the split sentence

and resumes running on the date that probation is revoked, providing

that the person is in federal custody. Any time spent in custody as

an alleged probation violator shall be treated as presentence time

credit.

P.S. 5880.30

July 16, 1993

Chapter V, Page 7

(2) If another federal sentence is in operation during the time

that the person is on probation from the split sentence the time on

probation will still be counted as inoperative time for calculation

purposes of the split sentence. In this situation, there would be no

presentence time since another sentence was in operation.

(3) See Chapter IX for specific information pertaining to the

application of inoperative time as the result of a probation violation

of a "split sentence" with a subsequent commitment under any of the

adult, Youth Corrections Act or Juvenile Justice and Delinquency

Prevention Act of 1974 provisions.

f. Release pending parole revocation hearing. The Parole

Commission may issue a summons to appear, or a warrant for the

retaking of a parolee, and may then order release under the provisions

of 18 USC § 4214(a)(1)(A)(ii) or (iii). (Also see 28 CFR 2.48(e)(2)).

If the person is in custody for even a partial day, the parole

violation term will have commenced running. In such a case, the

parole violation term becomes inoperative the day after release and

does not resume running until again in custody as an alleged violator.

If the Parole Commission orders that credit be given for all "street

time" at the revocation hearing, such credit cannot include any of the

inoperative time.

g. Extended parole supervision period. Time spent in the community

prior to being summoned, or prior to the execution of a warrant, is

credited against the total sentence to be served (18 USC § 4210(c)

unless the Parole Commission determines otherwise. (Also see 28 CFR

2.52(c)(1)and (2).)

The time in the community under parole status that is not allowed

toward service of the total sentence is often referred to as

"inoperative time." Its effect on the EFT date of the sentence is the

same as the other types of inoperative time. The application of this

type of inoperative time (includes "absconder time") is explained in

more detail in the chapters pertaining to the various sentence

procedures. Absconder time applies to sentences imposed under the

Youth Corrections Act and the Narcotic Addict Rehabilitation Act the

same as for regular criminal sentences.

3. Juvenile Justice and Delinquency Prevention Act inoperative time.

An important point about sentences imposed under the Juvenile Justice

and Delinquency Prevention Act (JJDPA) of 1974 is that inoperative

time cannot increase the EFT and SRD dates beyond a juvenile's twenty-first birthday, unless the juvenile was age nineteen or over at the

time of sentencing and the court did not impose a sentence to the

juvenile's twenty-first birthday. The JJDPA of 1974 is fully

discussed in Chapter XII.

4. Calculation of inoperative time examples. Calculation of

inoperative time days is fully demonstrated in Chapter III, Examples

III - 29, 33 and 34.

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 1

VI PRESENTENCE TIME CREDIT

1. Presentence time credit statute and explanation. Presentence time

credit (often referred to as "jail time") is that period of time to

which an individual is entitled pursuant to 18 U.S.C § 3568. If

inoperative time (Chapter V) occurs, then presentence time credits are

applied to a sentence after the inoperative time has been applied. 18

U.S.C. § 3568 states in the first paragraph that,

"The Attorney General shall give any such person credit

toward service of his sentence for any days spent in custody

(emphasis added) in connection with the offense or act for

which sentence was imposed."

2. "In Custody" defined. "In custody" is defined, for the purposes

of this program statement, as physical incarceration in a jail-type

institution or facility. It does not include time that may be

considered custody for habeas corpus jurisdiction purposes as in

Hensley v. Municipal Court, 411 U.S. 345 (1973). (Also see Cochran v.

U.S., 489 F.2d 691 (5th Cir. 1974) and Villaume v. U.S., 804 F.2d 498

(8th Cir. 1986) (per curiam), cert. denied, 481 U.S. 1022 (1987).)

"In custody" also does not include time held by Immigration

authorities solely for the purpose of a pending deportation hearing.

Qualified State Presentence Time. The time spent in state presentence

custody after the lodging of a federal detainer and

* prior to the commencement of the federal or state sentences, whichever

begins first, that does not overlap any federal *

presentence time, and for which no benefit was received as a result of

the state and federal sentences running concurrently, is considered

qualified state presentence time.

Raw EFT. The DCB plus the length of sentence to be served, without

consideration for jail time, equals the Raw EFT.

3. No credit for civil contempt time. Time spent serving a civil

contempt sentence prior to trial and/or sentencing does not constitute

presentence time credit toward the sentence that is eventually

imposed.

Time spent serving a civil contempt sentence does not constitute

presentence time credit toward any criminal sentence that has been

interrupted by, or that is running along concurrently with, or that is

to be served consecutively to, the criminal sentence. (Also see

Chapter V., paragraph 2.d.)

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 2

4. Presentence time credit prior to October 2, 1960. Prior to

October 2, 1960 (effective date of P.L. 86-691), credit for time in

custody before sentencing was left to the discretion of the sentencing

court. The presumption was that the sentencing judge would take the

amount of time spent in custody prior to sentencing into consideration

at the time sentence was imposed.

5. First presentence time credit statute effective October 2, 1960.

The first crediting statute, P.L. 86-691, an amendment to 18 U.S.C. §

3568, granted credit on minimum-mandatory sentences. Minimum-mandatory type sentences were primarily imposed for convictions under

the Narcotic Control Act of 1956.

Judicial decisions later extended presentence time credit for those

sentenced to the maximum sentence for violation of any statute, on the

presumption that the sentencing court did not take the amount of

presentence time into consideration at the time of sentencing. This

policy applied only to those sentenced after the effective date

(October 2, 1960) of P.L. 86-691.

6. Presentence time credit coverage expanded effective

September 20, 1966. The passage of the Bail Reform Act of 1966 (P.L.

89-465) further expanded the credit to be given under 18 U.S.C. § 3568

to all prisoners sentenced on and after the effective date of the Act

(September 20, 1966). The language of the Act required that credit be

awarded for all time "in custody in connection" with the federal

offense. Case law confirmed the application of the Act to the Youth

Corrections Act (YCA), the Federal Juvenile Delinquency Act (FJDA)

(later revised to become known as the Juvenile Justice and Delinquency

Prevention Act (JJDPA)), and Narcotic Addict Rehabilitation Act (NARA)

sentences.

Courts also expanded federal presentence time credit to include

periods of custody wherein the primary custody was with a non-federal

agency. Credit was held to be applicable on any subsequent federal

term of confinement because of the effect the federal charges (through

a warrant or detainer) had on the non-federal custody.

7. Application of presentence time credit. Any part of a day in

custody equals one day for credit purposes. Presentence time credit

shall be applied in the following manner for the following situations:

a. Sentences imposed prior to September 20, 1966. Presentence time

credit shall be applied--1.) to those sentences in which the maximum

penalty was imposed, 2.) if the penalty of imprisonment added to the

number of days in presentence custody exceeds the maximum for the

offense, or 3.) if the violation required the

* imposition of a

minimum-mandatory penalty. *

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 3

(1) To determine if the maximum sentence was imposed, refer to

the penalty provision of the offended statute in the appropriate Title

of the United States Code. If the sentence imposed represents the

aggregation of terms on more than one count, presentence time credit

shall be applied to the applicable count prior to aggregating the

terms.

(2) If a sentence is less than the maximum, but adding the

sentence to the number of days presentence time exceeds the maximum

for the offense, then presentence time credit shall be applicable for

the number of days that caused the maximum for the offense to be

exceeded.

(3) For a sentence imposed for an offense requiring imposition

of a minimum-mandatory penalty, the sentence imposed does not have to

be the minimum-mandatory term in order to qualify for presentence time

credit. Any sentence imposed for a violation of any statute requiring

a minimum-mandatory type penalty is entitled to presentence time

credit.

b. Sentences imposed on and after September 20, 1966.

(1) Presentence time credit shall be given for time spent in the

custody of the Attorney General (whether actual or constructive) as a

direct result of the acts or offenses that led to the federal

sentence. (See paragraph 7.c. for the criteria for constructive

federal custody.)

* The USM-129 will on occasion show that a defendant was in custody

for one day. In such a case, staff may credit that one day without

further verification.

If an inmate states that he was in presentence custody for a day,

or days, that is not shown on the USM-129, then staff shall attempt to

verify the inmate's claim. These situations usually arise when a

defendant is issued a summons to appear before the court in a criminal

matter. After the hearing, if the defendant returns to the community

without being placed on bail or on "own recognizance," then that

defendant is not entitled to that day in court as a day "in custody"

on a subsequent sentence even if required to report to the U.S.

Marshals Service for processing (fingerprinting, photographing, etc.).

If the defendant is released on bail or on "own recognizance" then

that day is treated as a day "in custody" and shall be awarded as a

day of presentence time credit. If the defendant, while on bond or

own recognizance, is summoned to appear in court for U.S. Marshal

processing or for some other court related purpose and is then

continued on bond or on own recognizance, that day will not count as a

day of jail time credit. *

(2) Presentence time credit shall not be given for any time

spent serving another sentence, either federal or non-federal,

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 4

except that presentence time credit and time spent serving a sentence

that is vacated shall be creditable toward another sentence if the

later sentence is based on the same charges that led to the prior,

vacated sentence.

When failure to make bail due to indigence is a moot point, e.g.,

when the defendant is in custody on unrelated non-bailable charges or

is serving a sentence during the time period in

question, and any bail would not cause the defendant to be released

from custody, then applying presentence time would be giving double

credit, i.e., credit for two separate and distinct sentences for the

same period of time, contrary to the intent of 18 U.S.C. § 3568 to

apply credit to sentences.

(3) Time spent under a federal writ of habeas corpus from non-federal custody will not, in itself, be considered for the purpose of

awarding presentence time credit. The primary reason for custody in

this case is not the federal charge. In this situation, it is

considered that the prisoner was "borrowed" under the jurisdiction of

the writ for the purposes of court appearance. (See Crawford v.

Jackson, 589 F.2d 693 (D.C. Cir. 1978).) This is secondary custody.

* (4) Time spent in residence in a community corrections center

(or a community based program located in a Metropolitan Correctional

or Detention Center or jail) as a condition of bond (including appeal

bond) or on own recognizance, or as a condition of a pre-trial

services program, or as a condition of parole, probation or supervised

release, is not creditable as presentence time since that is time

released from custody and cannot be considered as time in custody

within the meaning or intent of 18 U.S.C. § 3568.

Because of Brown v. Rison, 895 F.2d 533 (9th Cir. 1990), and

Grady v. Crabtree, 958 F.2d 874 (9th Cir. 1992), the Bureau of

Prisons was required to award presentence/prior custody/jail time

credits off "old law" and SRA sentences imposed in the Ninth Circuit

for time spent in CCC's as a condition of bond (including appeal bond)

or on own recognizance, or as a condition of a pre-trial services

program, or as a condition of parole, probation or supervised release.

In Koray v. Sizer, 21 3rd 558 (3rd Cir. 1994), the Bureau of Prisons

was required to award presentence/prior custody/jail time credits off

"old law" and SRA sentences for Third Circuit cases when the

conditions of release amounted to "jail-type conditions," e.g., no

work release or drug treatment. These exceptions to the Bureau's

interpretation of § 3568 and the corresponding SRA 18 U.S.C. § 3585(b)

were overruled in the Supreme Court case of Reno v. Koray, as

discussed below.

In Reno v. Koray, 115 S.Ct. 2021 (1995), the U.S. Supreme Court

held that time spent under restrictive conditions of release was not

official detention entitling an inmate to prior

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 5

custody time credit under 18 U.S.C. § 3585(b). (18 U.S.C. § 3585(b),

as enacted under the Sentencing Reform Act of 1984, effective on

November 1, 1987, replaced the repealed 18 U.S.C. § 3568 for awarding

presentence/jail time credit.) The court found that the interaction

of the Bail Reform Act and 18 U.S.C. § 3585(b) supported the Bureau of

Prisons' interpretation that a defendant is either released (with no

credit for time under conditions of release) or detained (with credit

for time in official detention).

Koray has also overruled Brown v. Rison, 895 F.2d 895 (9th Cir.

1990). As a result, the awarding of presentence time credit under §

3568 for time spent under restrictive conditions shall also be

discontinued. Brown is the Ninth Circuit case that required the

Bureau of Prisons to give time credit to a sentence for time spent in

a CCC or similar facility as a condition of release.

The Koray decision means, therefore, that time spent in residence

in a CCC or similar facility as a condition of bond (including appeal

bond) or on own recognizance, or as a condition of a pre-trial

services program, or as a condition of parole, probation or supervised

release, is not creditable to the service of a subsequent sentence.

In addition, a release condition that is "highly restrictive," and

that includes "house arrest", "electronic monitoring" or "home

confinement"; or such as requiring the defendant to report daily to

the U.S. Marshal, U.S. Probation Service, or other person; is not

considered as time in custody under "old law" or as time spent in

official detention under the SRA. In short, under Koray, a defendant

is not entitled to any time credit off the subsequent sentence,

regardless of the severity or degree of restrictions, if such release

was a condition of bond or release on own recognizance, or as a

condition of parole, probation or supervised release.

(5) As a result of Reno v. Koray, the following instructions

must be implemented as they pertain to sentences that have been

awarded, or that could have been awarded, CCC non-sentence time credit

in the Ninth and Third Circuits.

(a) Any sentence computed for the first time before June 5,

1995, and that sentence reflects an award of presentence time credits

for time spent in a CCC or similar facility shall retain any credits

applied, regardless of any sentence recomputation (e.g., for an

addition or loss of presentence time credits or modification of

sentence, or as the result of a vacated sentence, including a sentence

that was imposed after a retrial) that occurs on or after June 5,

1995.

(b) Any sentence, computed for the first time on or after

June 5, 1995, which reflects an award of presentence time credits for

time spent in a CCC or similar facility under conditions of release,

that was not the result of a court order, shall be recomputed to void

such credit.

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 6

(c) If it is discovered during a sentence recomputation on

or after June 5, 1995, that time was spent in a CCC or similar

facility that should have been awarded as the result of a sentence

computation performed prior to June 5, 1995, but was not awarded, such

time shall not be given on the recomputation unless the court had

ordered that such credit be given.

(d) CCC or similar facility time that was awarded to a

sentence that was calculated for the first time prior to June 5, 1995

because the inmate was committed to the Bureau of Prisons in error

(e.g., premature release from non-federal custody or U.S. Marshals'

failure to return an inmate to the proper non-federal

jurisdiction after release on a writ) shall be canceled if the

subsequent recomputation occurs on or after June 5, 1995, unless the

court had ordered that such credit be given.

(e) An order by the court, regardless of the date of

issuance, for a sentence computed for the first time on or after June

5, 1995, that requires an award of non-sentence CCC time credit, or an

award for time spent under other forms of restrictive conditions of

release, shall be referred to the RISA. The RISA and the Regional

Counsel shall contact the Assistant United States Attorney who

prosecuted the case and request that a Motion for Reconsideration or

an appeal be filed based on the decision in Koray. The inmate shall

retain the credit as long as the court order remains in effect.

(6) Most defendants who are arrested on federal charges are

subsequently released on bond or own recognizance with an order to

appear on a future date. A defendant who absconds and "fails to

appear" on the date ordered may be prosecuted for Failure to Appear.

The defendant is, of course, entitled to presentence time credit off

the Failure to Appear sentence for any time spent "in custody" after

arrest on the Failure to Appear charge. If the defendant is not

prosecuted on the charges that led to the Failure to Appear offense,

no time spent "in custody" on those charges shall be awarded on the

Failure to Appear sentence. *

(7) If an appeal is taken and a "stay of execution" is granted

on the sentencing date, and the person is released on that day, then

that day shall count as presentence time credit, providing the

individual was in federal custody for the offense for which sentenced.

A "stay of execution" means that the start of the sentence is being

delayed until some future date. If, however, the person is in custody

for more than one day after sentencing before a "stay of execution" is

ordered, then the sentence will actually have begun to run and the

subsequent period of time, beginning on the day after release on

appeal, shall be treated as inoperative time up to the date that the

person is again in federal custody. (Also see Chapter V, paragraph

2.c.)

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 7

(8) If, at sentencing, the court orders a person released and to

voluntary surrender at a future date, then one day of presentence time

credit is authorized for the day of sentencing providing that the

person was in federal custody for the offense for which sentenced.

If, however, the person is in custody for more than one day after

sentencing before the voluntary surrender order is entered, then the

sentence will actually have begun to run and the subsequent period of

time, beginning on the day after release, shall be treated as

inoperative time up to the date that the person is again in federal

custody. (Also see Chapter VI, paragraph 1.c.)

c. Constructive federal custody.

(1) For time in non-federal custody when the non-federal custody

is based on charges that later resulted in a federal sentence.

(a) Credit shall be given for all time spent in non-federal or

foreign custody when the underlying basis for custody in fact is a

federal warrant. For example, if a federal warrant is issued and the

defendant is arrested by county police or foreign officials on the

basis of the federal warrant, credit shall be given from the date of

arrest to the date of sentence for all days in custody. Inquiries or

requests for foreign presentence time credit, along with copies of the

judgment and commitment and copies of any documentation in the

institution or in the possession of the prisoner, must be sent to the

Chief of Inmate Systems Management for verification.

(b) If the federal defendant has been in presentence state or

foreign custody on essentially the same charges as the federal

charges, credit shall also be given even though a federal detainer may

not have been on file during that time. Credit shall also be given

for time spent in non-federal presentence custody when the non-federal

and federal charges are similar enough to be considered the same

criminal act or offense. This non-federal presentence custody is

applicable when the factors of time, location, and the criminal acts

are identical in both charges. Credit shall also be given for all

time spent serving a state sentence (on the same charges as defined in

this paragraph), which has its conviction vacated with no further

prosecution to follow, in addition to any other non-federal

presentence time.

The non-federal presentence time described above shall be

awarded regardless of whether the state gives the same period of time.

Following are some situation examples:

(i) If an individual is arrested by county police on a

state charge of armed robbery, and that individual is later convicted

in federal court of bank robbery, which was the same identical state

charge or act of armed robbery, then presentence

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 8

time credit shall be awarded on the federal sentence for all time

spent in custody from the date of arrest to a date no later than the

date the first sentence (whether federal or non-federal) begins to

run.

(ii) If an individual is arrested by state police on a

state charge of auto theft, and the individual is later convicted of a

Dyer Act violation involving theft of the same automobile, credit

shall be given for all time spent in custody from the date of arrest

to a date no later than the date the first sentence (whether federal

or non-federal) begins to run.

(iii) If an individual is arrested by city police on a

state charge of uttering a forged check and the individual is later

convicted in federal court for mail theft, the check in question

having been obtained from the mail, credit shall not be given.

Uttering a forged check requires a separate criminal act from theft of

the check, and, accordingly, the two charges do not involve the

identical criminal act.

(iv) If an individual is arrested by county police on a

state charge of armed robbery and the individual is later convicted in

federal court for possession of an unregistered firearm, which was the

same firearm used in the robbery, credit shall not be given since the

acts committed were two separate and distinct offenses.

(v) If an individual is arrested by county police on a

state charge of uttering a forged check and that individual is later

convicted of conspiracy to defraud the federal government, the checks

in question being U.S. Treasury checks used in the forgery, credit

shall not be given. A conviction for conspiracy is sufficiently

different from the substantive offense so that a federal conviction on

the one does not preclude a state conviction on the other. (See U.S.

v. Armedo-Sarmiento, 545 F.2d 785 (2d Cir. 1976), cert. denied, 430

U.S. 917 (1977).)

(2) For time in non-federal custody when the non-federal custody

is based on charges that are unrelated to the federal charges that

resulted in a federal sentence:

(a) Credit shall be given on any subsequent federal term of

imprisonment (to include parole and mandatory release

* violator terms)

when a federal detainer is lodged with the non-federal authority and

the non-federal authority fails to give

presentence time credit. (No time credit is given for any of the time

spent serving the state sentence.)

A federal detainer shall be considered to have been filed on

the date of imposition of a federal sentence even though the U.S.

Marshal does not file the judgment and commitment as a formal

detainer, or files a detainer on a later date than

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 9

imposition of the sentence. (See Emig v. Bell, 456 F.Supp 24 (DConn,

1978.) A warrant for alleged parole violation, issued by the Parole

Commission, may be treated in the same manner after discussion with

the RISA. This rule does not apply, however, if the inmate attempts

to conceal his identity or the U.S. Marshals Service, through no fault

of its own, does not learn of the inmate's custody status with the

non-federal officials. *

Based on the Bureau of Prisons interpretation 18 U.S.C. §

3568 and court decisions, the following criteria have been established

for making federal presentence time credit determinations for time

spent in non-federal presentence custody.

(i) A federal detainer must have been lodged.

(ii) The non-federal authority did not give the non-federal presentence time.

(iii) The non-federal charge must have been bailable.

Refusal by the non-federal authority to set bail for a bailable charge

because the non-federal court does not consider the defendant to be a

suitable risk shall be treated the same as a non-bailable charge.

Refusal by the non-federal authority to set bail for a bailable charge

because the defendant did not request bail shall be treated the same

as a non-bailable charge.

(iv) Non-federal bail must have been set. There is a

presumption of indigence if the inmate does not make the bail. (See

U.S. v. Gaines, 449 F2d 143 (2nd Cir. 1971).) Refusal by the non-federal authority to set bail solely because of the federal detainer

shall be treated the same as if bail had been set.

If the above criteria is met, then credit shall be given from the date

on which the federal detainer was lodged up to a date that is no later

than the beginning date of the first sentence (whether federal or non-federal) to commence.

(b) Failure to give presentence time credit by the non-federal

authority may be assumed in any of the following events:

(i) The non-federal charges were dismissed.

(ii) Non-federal probation was granted.

(iii) The non-federal sentence was vacated with

further prosecution deferred, thereby effectively canceling the non-federal authority's award of presentence time credit. (No time credit

is given for any of the time spent serving the vacated non-federal

sentence.)

(iv) The non-federal and federal sentences are

running concurrently and the non-federal Raw EFT is equal to or

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 10

less than the federal Raw EFT resulting in no benefit to the non-federal state sentence from the state presentence time. (See Willis

v. U.S., 438 F.2d 923 (5th Cir. 1971).)

* (v) If the non-federal and federal sentences are

concurrent, the Raw EFT of the non-federal term is greater than the

Raw EFT of the federal term, and if the non-federal Raw EFT, after

application of qualified non-federal presentence time, is reduced to a

date that is earlier than the federal Raw EFT, then a Kayfez (See

Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993) situation exists. In

such a situation, the amount of qualified non-federal presentence

time, i.e., the amount of time in non-federal presentence time after

the date the federal detainer was filed (or date the federal sentence

was imposed or the date on which the parole violator warrant was

issued) to the date that the non-federal or federal sentence

commenced, whichever is earlier, shall be applied to the non-federal

Raw EFT. The federal Raw EFT shall then be reduced to equal the

reduced non-federal EFT. Any other existing prior custody time

credits shall be deducted from the federal EFT after application of

the Kayfez time credits. Following are some examples that demonstrate

the process:

Example No. 1

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-05-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date Federal Detainer Filed = 03-25-1994

Date Non-federal Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Qualified non-federal presentence time is from 03-25-1994 through 04-

14-1994 which equals 21 days. The non-federal Raw EFT shall be

reduced by the 21 days to August 28, 1997 and the federal Raw EFT

shall be reduced to that date (August 28, 1997) resulting in an award

of 8 days of presentence time credits.

Example No. 2

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date Federal Detainer Filed = 03-25-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent Non-Fed Sentence Begins = 04-15-1994

Qualified non-federal presentence time is from 03-25-1994 through 03-

31-1994 which equals 7 days. The non-federal Raw EFT shall be reduced

by the 7 days to September 11, 1997 and the federal Raw EFT shall be

reduced to that date (September 11, 1997) resulting in an award of 4

days of presentence time credits.

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 11

Example No. 3

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date Federal Detainer Filed = 03-31-1994

Date Non-Federal Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Qualified non-federal presentence time is from 03-31-1994 through 04-

14-1994 which equals 15 days. The non-federal Raw EFT shall be

reduced by the 15 days to September 3, 1997 and the federal Raw EFT

shall be reduced to that date (September 3, 1997) resulting in an

award of 12 days of presentence time credits.

Example No. 4

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date Federal Detainer Filed = 03-31-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent Non-Fed Sentence Begins = 04-15-1994

Qualified non-federal presentence time is from 03-31-1994 through 03-

31-1994 which equals 1 day. The non-federal Raw EFT shall be reduced

by the 1 day to September 17, 1997 and the federal Raw EFT shall

remain the same since the reduced non-federal EFT is still greater

than the federal Raw EFT resulting in no pre-sentence time credit off

the federal sentence. *

Ordinarily, if a sentence results from the non-federal charges, there

will be a presumption that the prisoner did receive credit for

presentence time, however, this presumption may be rebutted if the

prisoner can verify that the non-federal authority did not credit the

time.

(3) For time spent in custody of the Surgeon General as a civil

commitment under Title I of the Narcotic Addict Rehabilitation Act of

1976 (NARA) (P.L. 89-793), credit shall be given for all time in

actual institutional confinement if the later criminal sentence is a

result of the same act or offense that led to the civil commitment.

This type of presentence time credit is a specific provision of NARA

as codified under 28 U.S.C. § 2903(d).

8. Presentence time credit calculation and mathematical effect. As

noted above, any part of a day in custody equals one day for credit

purposes. An important point to remember is that the day the sentence

begins to run is not counted as a day of presentence time credit.

(See Chapter VII, Adult Sentences, paragraph 8.a., b., c., d, and e.,

pages 73-74 for application of presentence time credits in aggregated,

non-aggregated and de-aggregated sentence situations.)

PS 5880.30

CN-03, June 30, 1997

Chapter VI, Page 12

a. Calculation. Presentence time credit is always calculated based

on the number of days to be credited and is never converted to years

or months such as is required for calculating the length of the term

of imprisonment. There are, however, two different methods of

calculating the number of presentence time credit days. One method

merely counts the number of days to be credited, month to month, and

the second method utilizes the Expiration Table. Numerous examples of

both methods are shown in Chapter III, Example Nos. III - 24 through

28 (counting days) and Example Nos. 30 through 32 (use of Expiration

Table).

b. Mathematical effect. Since presentence time credit has the

mathematical effect of starting a sentence on the date of arrest, it

has been determined that SGT is accumulated on presentence

time at the rate applicable to the final sentence imposed. For

instance, if an individual has accumulated 30 days of presentence time

credit prior to sentencing and a 3 year sentence is imposed, 7 days

SGT will be accumulated on the 30 days of presentence time. (See

Chapter IV, paragraph 4., for the partial month SGT formula.) The 7

days SGT would, of course, be subject to forfeiture.

9. Authentication procedures. Credit will be given only with proper

documentation, indicating that the prisoner was in custody within the

meaning of this chapter. Documentation may consist of written

documents, written and dated notes of verified phone conversations,

and electronic or telegraphic messages that are received from any law

enforcement agency (includes probation officers).

When there is cause to believe that credit may be due, arising from

the prisoner or from other persons speaking or acting in his behalf,

or from any inconsistencies in the manner in which the factual

situation presents itself, an effort to obtain the documentation

necessary to make a determination shall be made. Ordinarily, the

effort to obtain the necessary documentation shall consist of one

communication (with a copy of the written documentation that contact

was made or by documenting the phone call) and one following

communication if no response is received. (For additional information

about corresponding with officials outside the Bureau of Prisons, see

the Inmate Systems Management manual.)

If the communication efforts fail, then the matter shall be referred

to the Regional Inmate Systems Administrator.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 1

VII ADULT SENTENCES

1. Length of sentence computation results. Based on the length of

sentence, the EFT date, the 180 day date, parole and mandatory parole

eligibility dates, the SRD and the 6 month/10% date (if required) are

calculated on the basis of the amount of SGT, EGT, presentence time

credits, and inoperative time involved, if any, and the parole

provision in effect.

2. Determination of length of sentence. The length of sentence is

normally determined by reviewing the judgment and commitment which

will show the sentence imposed. On many occasions, however, it is the

computation specialist who must determine the actual length of

sentence. On such occasions, it may be necessary to calculate the EFT

date first, or to add two or more sentences together, to learn the

total length. These situations usually occur after 1) a warrant for

an alleged parole violator is executed or a parolee is taken into

custody after appearance on a Parole Commission issued summons; 2)

imposition of concurrent sentences; or 3) imposition of consecutive

sentences.

3. Calculating dates and computation rules. After the length of

sentence and EFT date have been determined, the next step is to apply

the proper number of days SGT, if any, to arrive at the SRD.

Calculating the 180 day date (if necessary) is next, to be followed by

calculating the 6 month/10% date and then both the PE date and

mandatory PE date (if necessary).

a. Expires Full Term date. The EFT date, also known as the "full

term date" of the sentence, is the maximum date of the sentence. This

date is determined by adding the total length of sentence to the

beginning date of sentence, minus presentence time credit (Chapter

VI.), plus inoperative time (Chapter V.). (See Example Nos. III - 2

through III - 12.)

There is no statutory provision that provides a rule for

calculating the EFT date (ending date or "full term date") of a

sentence. The arithmetical logic used by the Bureau of Prisons for

calculating the EFT is so fundamental that it simply does not lend

itself to challenge or litigation. (Note: The Expiration Table is

used for sentences imposed in days only. Sentences imposed in years

and/or months, plus any days, are added directly to the DCB.)

The Bureau of Prisons follows the rule that a partial day

(regardless of how long/short that partial day is) in either

presentence custody or in service of a sentence equals one full day

for sentence calculation purposes. (This rule also applies to the day

on which an escape occurs and to the date on which return to federal

custody occurs. Each day counts as one full day served on the

sentence.) As a result, all the below examples have been backed up

one day at the end of the calculation so as to include the initial day

of sentencing.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 2

Example No. VII - 1:

Sentenced on 01-19-81 to 172 days.

DCB = 81-01-19 = 15360

Sentence = + 172 Days

Tentative EFT = 81-07-10 = 15532

EFT = 81-07-09*

Example No. VII - 2:

Sentenced on 03-12-81 to 277 days.

DCB = 81-03-12 = 15412

Sentence = + 277 Days

Tentative EFT = 81-12-14 = 15689

EFT = 81-12-13*

Example No. VII - 3:

Sentenced on 06-23-81 to 5 months.

DCB = 81-06-23

Sentence = +00-05-00 5 Months

EFT = 81-11-22*

Example No. VII - 4:

Sentenced on 11-19-81 to 8 months.

DCB = 81-11-19

Sentence = +00-08-00 8 Months

Unconverted EFT = 81-19-19

Tentative EFT = 82-07-18*

Example No. VII - 5:

Sentenced on 10-27-81 to 1 year.

DCB = 81-10-27

Sentence = +01-00-00 1 Year

EFT = 82-10-26*

Example No. VII - 6:

Sentenced on 03-04-81 to 3 years.

DCB = 81-03-04

Sentence = +03-00-00 3 Years

EFT = 84-03-03*

P.S. 5880.30

July 16, 1993

Chapter VII, Page 3

Example No. VII - 7:

Sentenced on 03-12-81 to 5 years and 11 months.

DCB = 81-03-12

Sentence = +05-11-00 5 Years 11 Months

Unconverted EFT = 86-14-12

EFT = 87-02-11*

Example No. VII - 8:

Sentenced on 06-23-81 to 6 years and 10 months.

DCB = 81-06-23

Sentence = +06-10-00 6 Years 10 Months

Unconverted EFT = 87-16-23

EFT = 88-04-22*

Example No. VII - 9:

Sentenced on 05-12-81 to 4 years, 3 months and 10 days.

DCB = 81-05-12

Sentence = +04-03-10 4 Yrs 3 Mos 10 Dys

EFT = 85-08-21*

Example No. VII - 10:

Sentenced on 09-12-81 to 6 years, 9 months and 28 days.

DCB = 81-09-12

Sentence = +06-09-28 6 Yrs 9 Mos 28 Dys

Unconverted EFT = 87-18-40

Step No. 1 of Conversion = 88-06-40

Step No. 2 of Conversion = 88-07-10

EFT = 88-07-09*

As fully discussed in Chapter III, paragraph 2.f., and as demonstrated

in Example Nos. III - 13 through 15, there are a number of computation

exceptions that produce an incorrect answer even when backing up the

calculation 1 day. In such situations, the computation is not backed

up 1 day either before or after the calculation is complete.

b. Statutory Release Date. 18 USC § 4163 provides that a person ".

. . shall be released at the expiration of his term of sentence less

the time deducted for good conduct." The good conduct time to which

the statute refers is SGT (see Chapter IV) and EGT (see Chapter XIII).

The generic phrase of "statutory release date" (SRD) was given to the

different kinds of release

P.S. 5880.30

July 16, 1993

Chapter VII, Page 4

under this section to easily identify those persons released from

service of a sentence by operation of some or no SGT and/or EGT and

not by parole. There are three kinds of SRD releases and they are:

(1) Mandatory Release (MR). Under the provisions of 18 USC §

4164, any person who attains an SRD, based on any combination of good

time (SGT and/or EGT), that equals more than 180 days, shall be

mandatorily released as if on parole. Such person is under parole

supervision up to 180 days before the EFT date.

(2) Expiration of Sentence Full Term (Exp.FT). Any person who

accumulates no good time (SGT and/or EGT) is released unconditionally

from confinement with no supervision to follow.

(3) Expiration of Sentence Good Time (Exp.GT). Any person who

accumulates 180 days or less of any combination of good time (SGT

and/or EGT) is released unconditionally from confinement with no

supervision to follow.

c. Weekend/holiday release. Under 18 USC § 4163 (P.L. 87-665), for

a release that falls on a Saturday, Sunday, or legal holiday, the

Bureau of Prisons has discretionary authority to release the person on

the preceding work day, providing such release date was achieved under

the provisions of 18 USC § 4163 (see the program statement on Release

of an Inmate Prior to a Weekend or Legal Holiday and 28 CFR 571.30),

which states in part,

"Except as hereinafter provided a prisoner shall be released

at the expiration of his term of sentence [emphasis added]

less the time deducted for good conduct. . . If such

release date falls upon a Saturday, a Sunday, or a Monday

which is a legal holiday at the place of confinement, the

prisoner may be released at the discretion [emphasis added]

of the warden or keeper on the preceding Friday. If such

release date falls on a holiday which falls other than on a

Saturday, Sunday or Monday, the prisoner may be released at

the discretion [emphasis added] of the warden or keeper on

the day preceding the holiday."

The number of days used under 18 USC § 4163 to effect release on a

work day instead of a weekend/holiday may not be added to the number

of days remaining to be served to release a prisoner ". . . as if

released on parole. . ." (18 USC § 4164) who would otherwise have

been released by expiration of sentence. In addition, the number of

days used to effect a weekend/holiday early release may not be used to

increase a period of supervision for a release under 18 USC § 4164.

For example, if the number of days remaining to be served for an MR

that falls on a Sunday is 500 days and the actual release on MR is

moved back to Friday, then the number of days remaining to be served

would not be increased by two days and would remain at 500 days.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 5

"Legal holidays" include the ten regular federal holidays enacted

by the Congress and any other day that is declared a holiday by

Presidential Executive Order. For the District of Columbia only, the

Presidential Inauguration Day, which occurs every fourth (odd) year on

January 20th, is a legal holiday. If January 20th falls on a Saturday

or Sunday, the preceding Friday or the subsequent Monday are not

considered holidays.

Those days that can, in advance, be declared as a

partial or full non-work day, as the result of weather or other

emergency or critical conditions, by the Office of Personnel

Management or any other government official or military commander, are

not legal holidays.

The provisions of 18 USC § 4163 pertaining to weekend/holiday

release do not carry over to releases by the Parole Commission. The

Parole Commission has, however, authorized the Bureau of Prisons to

follow the same weekend/holiday release procedures as authorized by 18

USC § 4163 as contained in 28 CFR 2.29(c) which states,

[(c) When an effective date of parole falls on a Saturday,

Sunday, or legal holiday, the Warden of the appropriate

institution shall be authorized to release the prisoner on

the first working day preceding such date.]

The number of days used to change the effective date of a parole,

that falls on a weekend/holiday, to an earlier regular work day shall,

unlike an early release under 18 USC § 4163, be a part of the number

of days remaining to be served. For example, if the number of days

remaining to be served for a parole that falls on a Sunday is 500 days

and the actual release on parole is moved back to Friday, then the

number of days remaining to be served would be increased by two days

to 502 days.

The provisions of 28 CFR 2.29(c) cannot be applied if the

preceding work day is earlier than the date on which the person is

actually eligible for parole (28 CFR 2.12(c)).

d. 180 day date. Under 18 USC § 4164, as noted in paragraph

3.b.(1) of this chapter, any person who is released with more than 180

days of any combination of SGT and/or EGT shall be released by MR, as

if on parole. As a result, the 180 day date is calculated so that

staff can easily identify those persons who will be released by MR,

i.e., with parole supervision to follow. For example, a person who

earns 144 days SGT plus 37 days EGT for a total of 181 days good time,

will be released by MR, as if on parole, with one day of supervision

to follow release from the confinement portion of the sentence. (18

USC § 4164 does not apply to a special parole violator term or NARA

sentence or violator term. See Chapter VII, paragraph 12.d. and

Chapter X, paragraph 7.f.)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 6

4. Dangerous special offender--Increased sentence under 18 USC §

3575. 18 USC § 3575 provides in part,

"If it appears by a preponderance of the information,

including information submitted during the trial of such

felony and the sentencing hearing and so much of the

presentence report as the court relies upon, that the

defendant is a special dangerous offender, the court shall

sentence the defendant to imprisonment for an appropriate

term not to exceed twenty-five years and not

disproportionate in severity to the maximum term otherwise

authorized by law for such felony. Otherwise it shall

sentence the defendant in accordance with the law

prescribing penalties for such felony."

A sentence imposed under § 3575 is eligible, or not eligible, for

parole depending on whether the offended section is eligible for

parole.

5. Parole eligibility and ineligibility. For all sentences imposed

on/or after, May 14, 1976, the Parole Commission and Reorganization

Act of 1976 (PCRA) (P.L. 94-233), as codified under 18 USC § 4201-

4218, provides the statutory provisions for parole that a court must

follow when imposing a sentence to a term of imprisonment. In

addition to the PCRA, however, there are several offense statutes that

require certain types of parole eligibility, or ineligibility, that

are not optional and that become effective upon conviction and

sentencing.

Note: For Parole Commission purposes, in reference to periods of

time, the words from, to, until and through include the date to which

they refer. (See Chapter II, second paragraph, first "Note", for the

Bureau of Prisons' definition of those words.)

a. Parole eligibility under 18 USC § 4205(a): This section states,

"Whenever confined and serving a definite term or terms of

more than one year, a prisoner shall be eligible for release

on parole after serving one-third of such term or terms or

after serving ten years of a life sentence or of a sentence

of over thirty years, except to the extent otherwise

provided by law."

This wording means that a sentence of more than one year, up to

and including thirty years, will become eligible for parole after one-third of the sentence has been served. Sentences of more than thirty

years, including life sentences, will become eligible for parole after

ten years.

The following rules apply when calculating one-third of a

sentence (not to exceed the ten year cap) by dividing the length of

the parolable sentence involved by 3: 1) A left over month equals 30

days; 2) days left over are dropped; and 3) an

P.S. 5880.30

July 16, 1993

Chapter VII, Page 7

exception to number "1)" for a sentence of 1 year and 1 day is that

the 1 day is not dropped (parole eligibility occurs after 4 months and

1 day).

Example No. VII - 11:

For sentences that are evenly divisible by 3, 1/3 of the

sentence is easily calculated:

3 Years ÷ 3 = 1 Yr

3 Years 3 Months ÷ 3 = 1 Yr 1 Mo

3 Years 3 Months 3 Days ÷ 3 = 1 Yr 1 Mo 1 Dy

6 Years 12 Months 24 Days ÷ 3 = 2 Yrs 4 Mos 8 Dys

Example No. VII - 12:

For sentences not evenly divisible by 3, more than one step

is required to calculate the 1/3 period.

3 Years 7 Months = 43 Months

43 Months ÷ 3 = 14 Mos-1 Mo Over

1 Month Over = 30 Days

30 Days ÷ 3 = 10 Days

1/3 (14 Months 10 Days) = 1 Yr 2 Mos 10 Dys

5 Years 9 Months 13 Days = 69 Months 13 Days

69 Months ÷ 3 = 23 Months

13 Days ÷ 3 = 4 Days

1/3 (23 Months 4 Days) = 1 Yr 11 Mos 4 Dys

4 Years 4 Months 3 Days = 52 Months 3 Days

52 Months ÷ 3 = 17 Mos-1 Mo Over

1 Month Over = 30 Days

30 Days + 3 Days = 33 Days

33 Days ÷ 3 = 11 Days

1/3 (17 Months 11 Days) = 1 Yr 5 Mos 11 Dys

7 Years 4 Months 17 Days = 88 Months 17 Days

88 Months ÷ 3 = 29 Mos-1 Mo Over

1 Month Left Over = 30 Days

30 Days + 17 Days = 47 Days

47 Days ÷ 3 = 15 Days

1/3 (29 Months 15 Days) = 2 Yrs 5 Mo 15 Dys

Inoperative time and presentence time, as described in Chapters V

and VI, and in subparagraphs 6.h. and i. of this chapter, affect the

PE date and it should be adjusted in accordance with the number of

days involved. (Inoperative time is always applied to the date that

it affects prior to the application of presentence time credit.)

Examples follow:

P.S. 5880.30

July 16, 1993

Chapter VII, Page 8

Example No. VII - 13:

Sentenced on 05-04-80 to 3 years and 7 months with no

inoperative time or presentence time.

DCB = 80-05-04

1/3 of 3 Yrs 7 Mos = +01-02-10 1 Yr 2 Mos 10 Dys

PE Date = 81-07-13*

Example No. VII - 14:

Sentenced on 12-15-81 to 3 years, 7 months and 14 days with

12 days inoperative time and 19 days presentence time.

DCB = 81-12-15

1/3 of 3 Yrs 7 Mos 14 Days = +01-02-14 1 Yr 2 Mos 14 Dys

Unconverted PE Date = 82-14-29

Original PE Date = 83-02-28* = 16130

Inoperative Time = + 12 12 Days

Tentative PE Date = 83-03-12 = 16142

Presentence Time = - 19 19 Days

Final PE Date = 83-02-21 = 16123

Example No. VII - 15:

Sentenced on 12-30-81 to 5 years, 9 months and 13 days with

185 days inoperative and 13 days presentence time.

DCB = 81-12-30

1/3 of 5 Yrs 9 Mos 13 Days = +01-11-04 1 Yr 11 Mos 4 Dys

Unconverted PE Date = 82-23-33*

Step No. 1 of Conversion = 83-11-33

Original PE Date = 83-12-03 = 16408

Inoperative Time = + 185 185 Days

Tentative PE Date = 84-06-05 = 16593

Presentence Time = - 13 13 Days

Final PE Date = 84-05-23 = 16580

Example No. VII - 16:

Sentenced on 11-30-81 to 4 years, 4 months and 3 days with

no inoperative and 1 day presentence time.

DCB = 81-11-30

1/3 of 4 Yrs 4 Mos 3 Days = +01-05-11

Unconverted PE Date = 82-16-40*

Step No. 1 of Conversion = 83-04-40

Original PE Date = 83-05-10 = 16201

Presentence Time = - 1 Day

Final PE Date = 83-05-09 = 16200

P.S. 5880.30

July 16, 1993

Chapter VII, Page 9

Example No. VII - 17:

Sentenced on 02-29-80 to 7 years, 4 months and 17 days with

296 days inoperative and 481 days presentence time.

DCB = 80-02-29

1/3 of 7 Yrs 4 Mos 17 Days = +02-01-15 2 Yrs 1 Mo 15 Dys

Unconverted PE Date = 82-03-43*

Original PE Date = 82-04-12 = 15808

Inoperative Time = + 296 296 Days

Tentative PE Date = 83-02-02 = 16104

Presentence Time = - 481 481 Days

Final PE Date = 81-10-09 = 15623

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

b. Parole eligibility under 18 USC § 4205(b)(1): This section

states in part,

"Upon entering a judgment of conviction, the court having

jurisdiction to impose sentence, when in its opinion the

ends of justice and best interest of the public require that

the defendant be sentenced to imprisonment for a term

exceeding one year, may (1) designate in the sentence of

imprisonment imposed a minimum term at the expiration of

which the prisoner shall become eligible for parole, which

term may be less than but shall not be more than one-third

of the maximum sentence [emphasis added] imposed by the

court..."

This statutory language means that the court may establish a

period of parole ineligibility, for any sentence imposed that exceeds

one year, by imposing a minimum term that does not exceed one-third of

the maximum, providing that the one-third does not exceed the ten year

cap set by 18 USC § 4205(a) as discussed above, and provided the

offense does not require a different result. (As of the issuance date

of this manual, the Eighth, Ninth, Tenth and Eleventh United States

Courts of Appeal have held that a minimum term imposed pursuant to 18

USC § 4205(b)(1) may exceed the ten year cap, provided that the

minimum term imposed does not exceed one-third of the maximum term.

See Appendix VII, United States Courts of Appeal for the U.S. District

Courts, in each circuit.)

For example, if the court imposes a sentence of 9 years and wants

a period of two years of parole ineligibility instead of the three

years that would be applicable under 18 USC § 4205(a), then the court

would impose a sentence of "two to nine years." The PE date would be

set at two years from the DCB as affected by any inoperative time that

might have occurred prior to the eligibility date and by any

presentence time.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 10

Because of the ten year cap rule, a sentence of "eleven to forty

years," for example, would be inappropriate because the minimum term

exceeds ten years.

Minimum terms imposed under 18 USC § 4205(b)(1) may not be

aggregated to exceed one-third of the total sentence or the ten year

cap. For example, a sentence of "three to fifteen years" consecutive

to a sentence of "ten to forty years" cannot be aggregated to produce

a period of parole ineligibility of thirteen years. The period of

parole ineligibility in this case would have to be set at ten years so

as not to exceed the ten year cap rule.

Inoperative time and presentence time, as described in Chapters V

and VI, and in subparagraphs 6.h. and i. of this chapter, affect the

minimum PE date and it should be adjusted in accordance with the

number of days involved. (Inoperative time is always applied to the

date that it affects prior to the application of presentence time

credit.)

Following are some examples of PE calculations based on minimum

terms:

Example No. VII - 18:

Sentenced on 11-30-81 to 3 years to 9 years with no

inoperative or presentence time.

DCB = 81-11-30

Minimum Term = +03-00-00 3 Years

PE Date = 84-11-29*

Example No. VII - 19:

Sentenced on 06-15-81 to 2 years to 10 years with 5 days

inoperative time, that occurred prior to 06-14-83, and no

presentence time.

DCB = 81-06-15

Minimum Term = +02-00-00 2 Years

Original PE Date = 83-06-14* = 16236

Inoperative Time = + 5 5 Days

Final PE Date = 83-06-19 = 16241

Example No. VII - 20:

Sentenced on 07-11-81 to 8 to 29 years with no inoperative

time and 25 days presentence time.

DCB = 81-07-11

Minimum Term = +08-00-00 8 Years

Original PE Date = 89-07-10* = 18454

Presentence Time = - 25 25 Days

Final PE Date = 89-06-15 = 18429

P.S. 5880.30

July 16, 1993

Chapter VII, Page 11

Example No. VII - 21:

Sentenced on 07-11-81 to 10 to 60 years with 50 days

inoperative time that occurred after 04-01-91 and 100 days

presentence time.

DCB = 81-07-11

Minimum Term = +10-00-00 10 Years

Original PE Date = 91-07-10* = 19184

Presentence Time = - 100 100 Days

Final PE Date = 91-04-01 = 19084

Example No. VII - 22:

Sentenced on 07-11-81 to 10 to 60 years with 50 days

inoperative time that occurred prior to 04-01-91 and 100

days presentence time.

DCB = 81-07-11

Minimum Term = +10-00-00 10 Years

Original PE Date = 91-07-10* = 19184

Inoperative Time = + 50 Days

Tentative PE Date = 91-08-29 = 19234

Presentence Time = - 100 Days

Final PE Date = 91-05-21 = 19134

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

c. Parole eligibility under 18 USC § 4205(b)(2): This section

states in part,

"Upon entering a judgment of conviction, the court having

jurisdiction to impose sentence, when in its opinion the

ends of justice and best interest of the public require that

the defendant be sentenced to imprisonment for a term

exceeding one year. . . (2) the court may fix the maximum

sentence of imprisonment to be served in which event the

court may specify that the prisoner may be released on

parole at such time as the Commission may determine."

When the court uses this section, the person is eligible for

parole immediately and, as stated in 18 USC § 4205(b)(2) in this

subparagraph, ". . . may be released on parole at such time as the

Commission may determine." While the statutory authority does exist

to parole immediately, from a practical standpoint it is unlikely that

the Parole Commission would ever grant an immediate parole because of

the rules established by the Parole Commission in 28 CFR § 2.11 and

2.12 (see subparagraphs k, m and n in this chapter) which require that

the person submit an application for parole and because of the time

that the Parole Commission has, after the beginning date of the

sentence, to conduct an initial hearing (Also see 18 USC 4208(a).).

P.S. 5880.30

July 16, 1993

Chapter VII, Page 12

Beyond those two rules, the Parole Commission also applies the

paroling policy guidelines in 28 CFR § 2.20 to establish a presumptive

or effective date of parole. No examples of 18 USC § 4205(b)(2)

parole eligibility are necessary since actual eligibility is immediate

and since the SENTRY sentence procedure code for this parole provision

automatically enters COMMISSION'S DISCRETION into the parole

eligibility field.

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

d. Parole eligibility under 18 USC § 4205(f): The Parole

Commission has authority to parole, unless otherwise prohibited, for

sentences in excess of one year. The court may, however, for a

sentence of six months through one year, release an offender as if on

parole under the provisions of 18 USC § 4205(f) which states,

"(f) Any prisoner sentenced to a term or terms of not less

than six months but not more than one year shall be released

at the expiration of such sentence less good time deductions

provided by law, unless the court which imposed sentence,

shall, at the time of sentencing, provide for the prisoner's

release as if on parole after service of one-third [emphasis

added] of such term or terms notwithstanding the provisions

of section 4164."

The Bureau of Prisons interprets this section to mean that a

prisoner may not waive a parole date set by a court. The SRD need not

be computed for a sentence when a court provides for release "as if on

parole" (hereinafter called court designated parole). A sentence that

includes a court designated parole shall not be aggregated with any

other sentence or with another court designated parole sentence.

Presentence time will be used to reduce a court designated parole

that is based on one-third of the sentence.

Presentence time shall not be used to reduce a specific calendar

date for parole set by the court, nor will it be used if the language

is clear from the judgment and commitment that the court took the

presentence time into account.

No parole date shall be established that is earlier than one-third of the sentence.

The Weekend/Holiday provision of 18 USC § 4163 may not be used to

make any parole date earlier than is established under 18 USC §

4205(f), even if that date is greater than one-third of the sentence.

This section applies to any offense that is eligible for parole.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 13

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

e. Parole eligibility under 18 USC § 4206(d). This subsection

states that,

"(d) Any prisoner, serving a sentence of five years or

longer [emphasis added], who is not earlier released under

this section or any other applicable provision of law, shall

be released on parole after having served two-thirds of each

consecutive term or terms, or after serving thirty years of

each consecutive term or terms of more than forty-five years

including any life term, whichever is earlier: Provided,

however, That the Parole Commission shall not release such

prisoner if it determines that he has seriously or

frequently violated institution rules and regulations or

that there is a reasonable probability that he will commit

any Federal, State or local crime."

(1) The two-thirds or thirty year provision, referred to as

Mandatory Parole by the Parole Commission (see 28 CFR § 2.53), applies

to Adult, Youth Correction Act, Narcotic Addict Rehabilitation Act,

and Juvenile Justice and Delinquency Prevention Act sentences of, as

noted above, five years or longer, including parole violator terms and

special parole violator terms that have five years or longer remaining

to be served after revocation. The two-thirds or thirty year

provision also applies to D.C. Code offenders who are sentenced under

the Youth Correction Act or the Narcotic Addict Rehabilitation Act.

(2) A sentence that is less than five years and a parole

violator term or a special parole violator term that has less than

five years imprisonment remaining to be served, and that is part of an

aggregate that is five years or longer, shall have a two-thirds/thirty

year date established.

(3) The mathematical formula for calculating a two-thirds date

is: Two-thirds Times Sentence Length Equals Two-thirds Date (e.g.,

2/3 x 9 years = 6 years). Another way of stating the formula is: Two

Times Sentence Length Divided By Three Equals Two-thirds Date (e.g., 2

x 9 years = 18 years ÷ 3 = 6 years). A month left over will be

converted to 30 days. If two months are left over (the maximum

possible), those two months will be converted to 60 days. If any day

or days are left over (two is the maximum possible), those days shall

be dropped.

(4) The mathematical formula for calculating a thirty year date

is, of course, simple addition and is accomplished by adding thirty

years to the DCB and then backing up one day (e.g., 30 years + 08-12-

1982 = 08-11-2012*). Remember, any sentence that is forty-five years

or longer (including a life sentence) will be eligible for parole

under this section (18 USC § 4206(d)) after serving thirty years.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 14

(5) Prior custody time credits shall reduce the two-thirds/thirty year date accordingly and inoperative time, where

appropriate, shall extend the date.

(6) Appendices III and IV contains numerous parole eligible

calculation and determination rules for establishing a two-thirds/thirty year date when more than two sentences are involved.

Providing rules for sentence combinations involving three or more

sentences would require literally hundreds of instructions.

Therefore, any b date that presents difficulties or problems shall be

referred to the Regional Inmate Systems Administrator for assistance.

(7) Following are some calculation examples.

Example No. VII - 23:

Sentence is 9 Years.

9 Y x 12 M = 108 M

108 M x 2 = 216 M ÷ 3 = 72 M

72 M ÷ 12 = 6 Y

Two-Thirds of Sentence = 6 Years

Example No. VII - 24:

Sentence is 5 Years.

5 Y x 12 M = 60 M

60 M x 2 = 120 M ÷ 3 = 40 M

40 M ÷ 12 M = 3 Y 4 M

Two-Thirds of Sentence = 3 Years & 4 Months

Example No. VII - 25:

Sentence is 44 Years, 8 Months and 11 Days.

44 Y x 12 M = 528 M + 8 M = 536 M

536 M x 2 = 1072 M ÷ 3 = 357 M & 1 M Rm.

357 M ÷ 12 = 29 Y 9 M

1 M R x 30 D = 30 D

11 D x 2 = 22 D + 30 D = 52 D

52 D ÷ 3 = 17 D & 1 D Remainder (Dropped)

Two Thirds of Sentence = 29 Yrs 9 Mo and 17 Dys

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f. Parole eligibility under 18 USC § 924(a)(1) and (2).

Effective with sentences imposed on or after December 16, 1968,

P.L. 90-618 provided that a person sentenced for a violation of

18 U.S.C. § 924(a) ". . . shall become eligible for parole as the

Board of Parole shall determine." For a person who is eligible

for parole under this subsection, the Parole Commission follows

the same rules as established for a person sentenced under the

provisions of 18 U.S.C. § 4205(b)(2) (former 18 U.S.C.

4208(a)(2)) (see this chapter, subparagraph 6.r.).

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

g. Order of service of sentence and the parole and no parole

provisions of 18 U.S.C. § 924(c)(1). Any person sentenced under

the provisions of 18 U.S.C. § 924(c)(1) (P.L. 90-618) after the

effective date of December 16, 1968 was eligible for parole under

18 U.S.C. § 4202, 4208(a)(1) and (a)(2) and the sentence imposed

could be served in any order (concurrent or consecutive) with

another sentence as determined by the court that imposed the

sentence.

* With the enactment of P.L. 91-644, effective on

January 2, 1971, a new provision was added to 18 U.S.C. 924(c)(1)

that stated that for a second or subsequent conviction under this

subsection the term of imprisonment was not to ". . . run

concurrently with any term of imprisonment imposed for the

commission of such felony" (18 U.S.C. § 924(a) and (b)). This

provision did not apply to any offense committed prior to

January 2, 1971.

— On May 14, 1976, the Parole Commission and

Reorganization Act, P.L. 94-233, became effective for

all sentences imposed on and after that date, including

sentences imposed under 18 U.S.C. § 924(c)(1). The new

parole provisions were 18 U.S.C. § 4205(a), (b)(1),

(b)(2) and (f).

— P.L. 98-473, effective with offenses committed on or

after October 12, 1984, amended 18 U.S.C. § 924(c)(1)

to eliminate parole eligibility (18 U.S.C. § 4205 and

4206(d)), probation or a suspended sentence. In

addition, 18 U.S.C. § 924(c)(1) stated in part,

“Notwithstanding any other provision of law, . . . nor

shall the term of imprisonment imposed under this

subsection run concurrently with any other term of

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Chapter VII, Page 16

imprisonment [emphasis added] including that imposed

for the crime of violence or drug trafficking crime in

which the firearm was used or carried.”

— The Bureau issued policy instructions that required the

924 count to be served first regardless of the order in

which that count was imposed, in relationship to one or

more non-924 counts in a single J&C. On March 3, 1997,

the U.S. Supreme Court, in United States V. Gonzales,

117 S.CT 1032, 137 L.Ed. 132 (1997) held that a court

may apply a sentence containing both a 924 count and a

non-924 count, or counts, in a different way than the

Bureau prescribed.

— Unless otherwise specified, a reference to a 924/non-

924 sentence in a single J&C means that the 924 and

non-924 count, or counts, have been aggregated into a

single sentence for that J&C.

— The 924 count in a single J&C is to be served in the

order as imposed by the court, i.e., the 924 count may

be served consecutively to (after) all other counts in

the J&C or before all other counts. If there is more

than one non-924 count, those counts may be served in

any sequence the court specifies in relation to one

another (either concurrently or consecutively). All

counts in the J&C are to be aggregated as outlined

elsewhere in this Manual.

— In a single J&C, a non-924 count may be imposed first,

the 924 count second (consecutively), and additional

non-924 count(s) third (consecutive). Such a sentence

would be a proper sentence as it would conform to the

literal wording of the statute that the 924 count not

run concurrently with any other term of imprisonment

(including any existing non-federal or federal

sentence).

— Regardless of the order of the counts in a 924/non-924

sentence, a 924/non-924 sentence that is ordered to run

consecutively to an existing federal sentence is to be

added to the existing federal sentence for a total

aggregate term, if there is nothing to prevent the

aggregate, and calculate accordingly.

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Chapter VII, Page 16A

— If the 924 count is first and the non-924 count(s) are

consecutive in a single J&C and the court was silent as

to the relationship with an existing federal sentence,

the 924/non-924 sentence are to be added to the

existing federal sentence for a total aggregate, if

there is nothing to prevent the aggregation, and

calculated accordingly.

— If a non-federal or New Law (NL), which encompasses the

Sentencing Reform Act (SRA), Violent Crime Control Law

Enforcement Act (VCCLEA), and the Prisoner Litigation

Reform Act(PLRA) sentences, sentence exists at the time

the Old Law (OL) 924/non-924 sentence is imposed and

the OL 924 count is to be served consecutively to the

other counts in that J&C and to the existing non-federal or NL sentence, the OL non-924 count(s) may be

served concurrently with the existing non-federal or NL

sentence.

The OL 924/non 924 calculation is to be performed once

the final non-federal or NL release date becomes known.

If the Regional Director has no objection to the court

recommendation that certain OL non-924 counts run

concurrently with the non-federal sentence, then the

consecutive OL 924 count is to be calculated as

commencing on the non-federal or NL release date to

determine the OL 924/non-924 sentence expiration full

term (EFT) date (unaffected by jail credit). The OL

924/non-924 sentence is to be subtracted from the just

established EFT to determine a date computation begins

(DCB) for the OL 924/non-924 sentence. If that DCB is

on or later than the date of imposition of the OL

924/non-924 sentence, calculate the OL 924/non-924

sentence as commencing on that DCB. An example

follows:

EXAMPLE NO. 1: The first J&C was a 60 month non-federal

or NL sentence imposed on 06-15-1988 with an SRD of

10-22-92. The second J&C was a 7 year OL 924/non-924

sentence imposed on 06-18-1988 with the 2 year OL non-

924 count 1 to run concurrently with the first sentence

and the 5 year OL 924 count 2 to run consecutively.

The 5 year OL 924 count 2 is added to the first

sentence SRD (10-22-92) resulting in an EFT of

10-21-1997. The 7 year OL sentence was subtracted from

its EFT of 10-21-1997 causing a DCB of 10-22-1990 for

the OL sentence which is later than the date of

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imposition (06-18-1988) of the OL sentence, resulting

in no sentencing conflict. The OL sentence of 7 years

is to commence on the DCB of 10-22-1990.

If the DCB is earlier than the date of imposition of

the OL 924/non-924 sentence, producing a conflict with

OL 18 U.S.C. § 3568, which does not permit a sentence

to begin earlier than its date of imposition, then the

DCB is to be adjusted to reflect the date of imposition

of the OL 924/non 924 sentence and calculated

accordingly. An example follows:

EXAMPLE NO. 2: The first J&C was a 60 month non-federal

or NL sentence imposed on 06-15-1988 with an SRD of

10-22-1992. The second J&C was a 7 year OL 924/non-924

sentence imposed on 12-15-1990 with the 2 year OL non-

924 count 1 to run concurrently with the first sentence

and the 5 year OL 924 count 2 to run consecutively.

The 5 year OL 924 count 2 is added to the first

sentence SRD (10-22-1992) resulting in an EFT of

10-21-1997. The 7 year OL sentence was subtracted from

the 5 year OL 924 EFT of 10-21-1997 causing a DCB of

10-22-1990 for the OL sentence which is earlier than

the date of imposition (12-15-1990) of the OL sentence.

As a result, to conform with OL § 3568, the OL sentence

is to be calculated as commencing on its date of

imposition of 12-15-1990 which complies with the J&C to

the extent statutorily possible.

A nunc pro tunc designation request is to be made to

the appropriate RISA for the part of the sentence that

is running concurrently with the non-federal sentence.

If the court orders the OL 924/non-924 sentence to run

consecutively to the existing non-federal or NL

sentence, the OL 924/non 924 sentence is to be

calculated as beginning on the date of release from the

non-federal of NL sentence.

If there is an existing non-federal or NL sentence when

the OL 924/non-924 sentence is imposed, and the OL 924

count is first and the OL non-924 counts are

consecutive in the J&C, then the OL 924/non 924

sentence is to be served consecutively to the existing

non-federal or NL sentence beginning on the date of

release from the non-federal or NL sentence.

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— If an OL sentence exists when an OL 924/non-924

sentence is imposed and the OL 924 count is to be

served consecutively to the other counts in that J&C

and to the existing OL sentence, the OL non-924 counts,

however, may be served concurrently with the existing

OL sentence and must be calculated as follows:

The consecutive 924 count is to be added to the

existing OL sentence to learn the new aggregate term.

The new aggregate term is to be added to the DCB of the

existing OL sentence to learn the aggregate EFT.

Subtract the OL 924/non-924 sentence from the just

learned aggregate EFT to learn the DCB of the OL

924/non-924 sentence. If that DCB is on or later than

the date of imposition of the OL 924/non 924 sentence,

then calculate the sentence based on the aggregate

beginning on the DCB of the existing OL sentence. An

example follows:

EXAMPLE NO. 3: The first J&C was a 5 year OL sentence

imposed on 06-15-1988. The second J&C was a 7 year OL

924/non-924 sentence imposed on 06-18-1988 with the 2

year OL non-924 count 1 to run concurrently with the

first sentence and the 5 year OL 924 count 2 is added

to the first 5 year OL sentence for a total 10 year

sentence and a EFT of 06-14-1998. The 7 year OL

924/non-924 sentence was subtracted from the aggregate

EFT of 06-14-1998 causing a DCB of 06-15-1991 for the

OL 924/non-924 sentence which is later than the date of

imposition (06-18-1988) of the OL 924/non-924 sentence,

resulting in no sentencing conflict. As a result, the

10 year aggregate sentence is to be calculated as

commencing on the DCB of the first sentence.

If the DCB is earlier than the date of imposition of

the OL 924/non-924 sentence, then add the OL 924/non-

924 sentence to its date of imposition to learn the

EFT.

Subtract the DCB of the existing OL sentence from the

OL 924/non-924 sentence EFT and the result will be the

total aggregate for the existing OL and OL 924/non-924

sentences. An example follows:

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Example No. 4: The first J&C was a 5 year OL sentence

imposed on 06-15-1988. The second J&C was a 7 year OL

924/non-924 sentence imposed on 12-20-1991 with the 2

year OL non-924 count 1 to run concurrently with the

first sentence and the 5 year OL 924 count to run

consecutively. The 5 year OL 924 count 2 is added to

the first 5 year OL sentence for a total 10 year

sentence and an EFT of 06-14-1998. The 7 year OL

924/non-924 sentence was subtracted from the aggregate

10 year EFT of 06-14-1998 causing a DCB of 06-15-1991

for the OL 924/non-924 sentence which is earlier than

the date of imposition (12-20-1991) of the OL 924/non-

924 sentence.

As a result, to conform with OL § 3568, which will not

allow a sentence to commence prior to its date of

imposition, the 7 year OL 924/non-924 sentence is to be

calculated as commencing on its date of imposition of

12-20-1991 to learn its EFT. That calculation results

in an EFT for the OL 7 year 924/non-924 sentence of 12-

19-1998. To establish the total aggregate for the

first and second sentences, subtract the DCB of the

first sentence which will result in a total aggregate

sentence for the two sentences of 10 years, 6 months,

and 5 days. Calculate the aggregate sentence of 10

years, 6 months, and 5 days as commencing on the DCB

(06-15-1988) of the first sentence. This calculation

complies with the second J&C to the extent statutorily

possible.

— Because of Bureau’s policy prior to “Gonzales”,

sentences that contained a § 924(c) count may have been

incorrectly applied. As a result, any inmate may

request a review of the sentence computation pursuant

to an Inmate Request to Staff Member (BP-S148) to learn

if a pre-Gonzalez computation may have been implemented

contrary to Gonzales.

— During any required audit of a sentence computation,

e.g., transfer audit, pre-release audit, disallowance-forfeiture-restoration of good time, etc., ISM staff

must review the existing computation to determine if a

pre-Gonzales issue is present. Following are some

situations that may be present that would require ISM

action of some nature:

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CN-4 9/8/99

Chapter VII, Page 16E

— The inmate is in primary federal custody, a non-federal

or federal sentence is in existence, a silent OL

924/non-924 sentence is imposed, and ISM has calculated

the entire sentence as running consecutively to the

existing sentence.

— If the 924 count only was ordered to run consecutively

to the other counts in the J&C, ISM staff are to

recalculate the sentence to show the non-924 counts as

running concurrently with the existing sentence and the

924 count as running consecutively and notify the court

through the appropriate U.S. Attorney of the action

taken. (Note: No sentence can commence earlier than

the date of imposition.)

— If ISM staff advised a court that a sentence was

improper based on pre-Gonzalez policy and the court

entered an order correcting or modifying the sentence

based on that advice, communication to the court,

through the U.S. Attorney, must be initiated that will

put the court on notice of the prior improper advice.

The communication should include a request that the

institution be advised of any action that the court may

deem appropriate. ISM staff are to make one follow-up

after 30 days if a response has not been received.

— If a 924 count is included in a sentence computation

and the sentence has been calculated as imposed, ISM

staff will not change the order of the sentence unless

instructed by the court. When questionable situations

arise, contact the RISA or Central Office Operations

staff for further direction.

— When parolable and non-parolable sentences are

aggregated, and the parolable sentence is in operation

first, a manual Form 20, Good Time Form, will be

maintained to ensure that, if parole is granted, the

parole date is prior to the MR date of the parolable

sentence. If the parole date is after the MR Date, the

U.S. Parole Commission will be contacted to remove the

parole date. *

h. Order of service of sentence and the no parole provision of

18 U.S.C. § 929(a). This section was added to Chapter 44 of

Title 18 U.S.C. by P.L. 98-473, effective October 12, 1984, and

provided that any sentence under this subsection would not be

eligible for parole (18 U.S.C. § 4205 and 4206(d)) and that the

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CN-4 9/8/99

Chapter VII, Page 16F

court could not suspend the sentence or place the person on

probation. This section stated also that the term of

imprisonment may not ". . . run concurrently with any other terms

of imprisonment including that imposed for the felony in which

the armor-piercing ammunition was used or carried."

(1) The legislative history on which this section is based

states that an 18 U.S.C. § 929(a) sentence ". . . cannot be

served concurrently with any other sentence, including a sentence

for

P.S. 5880.30

July 16, 1993

Chapter VII, Page 17

the underlying crime of violence or for a conviction under section

924(c). . . Thus, a person who robbed a bank with a handgun loaded

with armor-piercing ammunition, if charged with and convicted of a

violation of 18 U.S.C. 924 and 929. . ." would first have to serve

the 924(c) and 929(a) sentence, without parole eligibility, before the

bank robbery sentence could begin to run. In other words, the

924(c)(1) sentence would be first, the 929(a) sentence would be second

(consecutive), and the bank robbery sentence would be last

(consecutive). If there is another sentence (count) (or sentences--

counts) in the same judgment and commitment, then that sentence would

also be consecutive to the 18 USC § 924(c) and 929(a) sentences but

could be served concurrently with, or consecutively to, the bank

robbery sentence, depending upon the manner in which the court imposed

the other sentence unless there is a specific sentencing provision

that sets forth the order in which the other sentence is to be served.

(2) In those cases in which a federal sentence is being served

at the time the 18 USC § 929(a) sentence is imposed, then the 18 USC

929(a) sentence (as well as a 18 USC § 924(c) sentence) shall be made

consecutive to that existing sentence. For example, if a person is

serving a five year mail theft sentence at the time a five year 18 USC

§ 924(c) sentence, a fifteen year 18 USC § 929(a) sentence, and a

fifteen year bank robbery sentence are imposed, the 18 USC § 924(c),

929(a), and bank robbery sentences would be served consecutively to

the mail theft sentence, resulting in a total sentence of forty years.

(3) Any sentence imposed after an 18 USC § 929(a) sentence, for

any person who is in federal custody, shall begin to run on the date

such sentence is imposed, unless the court specifies that it is to be

served in some other manner, or unless there is a specific sentencing

provision that sets forth the order in which it is to be served.

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

i. Minimum mandatory sentence and no parole provisions of 18 USC,

Appendix II, § 1202(a). (P.L. 90-351 repealed 18 USC, Appendix II,

Sections 1201 through 1203, for offenses that occur on and after

November 15, 1986--See Chapter 44, 18 USC, Firearms, for consolidated

firearms offenses.)

This section states in part,

"(a) Any person. . . who receives, possesses, or transports

in commerce, after the date of enactment of this Act, any

firearm shall be fined not more than $10,000 or imprisoned

for not more than two years [emphasis added], or both."

P.S. 5880.30

July 16, 1993

Chapter VII, Page 18

(1) P.L. 98-473, effective for any offense that occurs on or

after October 12, 1984, added the following to this section,

"In the case of a person who receives, possesses, or

transports in commerce or affecting commerce any firearm and

who has three previous convictions by any court referred to

in paragraph (1) of this subsection for robbery or burglary,

or both,such person shall be fined not more than $25,000 and

imprisoned not less than fifteen years [emphasis added],

and, notwithstanding any other provision of law, the court

shall not suspend the sentence of, or grant a probationary

period to, such person with respect to the conviction under

this subsection, and such person shall not be eligible for

parole with respect to the sentence imposed under this

subsection."

As a result of this provision, any person who has three prior

convictions (felonies) by any court (a court of the United States or

of a state or any political subdivision thereof), must be sentenced to

at least fifteen years, may not receive a suspended sentence or

probation and shall not be eligible for parole (18 USC § 4205 and

4206(d)) with respect to any sentence imposed under this subsection.

(2) If a term of fifteen years or more is imposed for a

violation of 18 USC, Appendix II, § 1202(a), the prisoner will be

considered not eligible for parole. If a term of two years or less

(but not one year or less) is imposed, the prisoner shall be

considered eligible for parole. If the judgment and commitment is

inconsistent with these guidelines (e.g., imposes a fifteen year

sentence but speaks of parole eligibility; imposes any sentence

between two years and fifteen years) or is otherwise ambiguous, the

Inmate Systems Manager shall refer the matter to the Regional Inmate

Systems Manager. If necessary, the Regional Inmate Systems Manager

should consult with the Regional Counsel to determine a course of

action.

(3) It should be noted that a person should not be treated as

not eligible for parole merely because he in fact has three felony

convictions for robbery or burglary. There must be a showing, in

addition, to the effect that the person's prior convictions were

brought to the attention of the sentencing court by the U. S. Attorney

who charged the person under the "repeat offender" portion of 18 USC,

Appendix II, § 1202(a). This information will sometimes be clear on

the judgment and commitment and will sometimes only be clarified after

consultation with the Regional Inmate Systems Manager.

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 19

j. Parole eligibility under 26 USC § 5871. Effective with

sentences imposed on or after December 16, 1968, P.L. 90-618 provided

that a person sentenced under 26 USC § 5871 ". . . shall become

eligible for parole as the Board of Parole may determine." For a

person who is eligible for parole under this subsection, the Parole

Commission follows the same rules as established for a person

sentenced under the provisions of 18 USC § 4205(b)(2) (see this

chapter, subparagraph 4.c.).

P.L. 98-473, Title II, Section 235(a)(1)(B)(ii)(IV), effective

with offenses committed on or after October 12, 1984, amended 26 USC §

5871 to eliminate the language, "and shall become eligible for parole

as the Board of Parole shall determine." This means that the Parole

Commission can no longer "automatically" establish a parole

eligibility date that is earlier than the date that would be

established under the provisions of 18 USC § 4205(a) (one-third of the

sentence not to exceed ten years). In fact, if the judgment and

commitment is silent for an offense that occurred after October 12,

1984, then parole eligibility will be computed based on 18 USC §

4205(a). The court, however, may impose a sentence under 18 USC §

4205(b)(1), 4205(b)(2) or (f) (see this chapter, subparagraphs 4.b.,

c. and d.).

On November 10, 1986, P.L. 99-646, Section 35(2)(D), amended

P.L. 98-473, Title II, Section 235(a)(1)(B)(ii) to eliminate

subsection (IV) by substituting another subsection that had no

relationship to subsection (IV). This amendment has caused some

confusion by giving rise to the belief by some prisoners that the

elimination of subsection (IV) rescinded the cancellation of the

subsection thereby restoring the "and shall become eligible for parole

as the Board of Parole shall determine" language. The Ninth Circuit

United States Court of Appeals in Dallis v. Martin, 929 F.2d 587 (10th

Cir. 1991) considered this issue and concluded that P.L. 99-646 did

not repeal Section 235 to the extent that it caused the reinstatement

of the "and shall become eligible for parole as the Board of Parole

shall determine" language to 26 USC § 5871. As a result, the Bureau

of Prisons has adopted the Dallis decision on a nationwide basis.

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

k. Ten year cap. Parole ineligibility periods will not be added

together ("stacked") to exceed ten years (hereinafter called the ten

year cap) in either concurrent or consecutive sentencing situations,

regardless of the parole provisions involved. The maximum that any

person must serve prior to becoming eligible for parole for any

combination of parolable sentences is ten years, regardless of the

length of the sentences involved, including concurrent or consecutive

life sentences. This rule is a long standing position that has been

taken by the Bureau of Prisons, and concurred in by the Parole

Commission, based on the interpretation of 18 USC § 4205(a).

P.S. 5880.30

July 16, 1993

Chapter VII, Page 20

There is an exception to the ten year cap rule as the result of

court decisions in at least two circuit courts of appeal. Those

courts have held that the ten year cap rule does not apply to

sentences imposed under the provisions of 18 USC § 4205(b)(1) which is

the section that allows the court to impose a minimum term (period of

parole ineligibility) that does not exceed one-third of the sentence

for any one count. As a result, each time a judgment and commitment

is received that includes an 18 USC § 4205(b)(1) minimum term greater

than ten years shall be referred to the appropriate Regional Inmate

Systems Administrator (with a copy to the central office ISM

department, attention Chief of Operations) for a determination as to

what procedure to follow.

l. Effect of parole from one sentence to another parolable

sentence. If the Parole Commission paroles from one paro

lable sentence to another parolable sentence after they have been

aggregated, then all time served on the sentence from which paroled

shall count toward reducing the PE date on the remaining parolable

sentence or sentences, including concurrent or consecutive life

sentences.

m. Parole eligibility for aggregated parolable and non-parolable

sentences. If a computation includes a non-parolable offense and a

parolable offense, the person may not, of course, be paroled during

the confinement portion of the sentence (calculated as if standing

alone) for the non-parolable offense. PE for the parolable portion of

the sentence, however, may not exceed the ten year cap. Time spent

serving a non-parolable sentence will not count toward reducing the

period of parole ineligibility of the parolable sentence.

(See Appendices III and IV for parole eligible calculation and

determination rules when more than one sentence is involved.)

n. Effect of presentence time credit on parole eligibility.

Presentence time credit shall be used to reduce a PE date.

o. Effect of inoperative time on parole eligibility. Inoperative

time shall be applied to a PE date provided that the inoperative time

occurs prior to the PE date that existed prior to the inoperative

time. If the inoperative time occurs after the PE date, then the

inoperative time shall have no effect on that PE date. If a

concurrent sentence is imposed after a period of inoperative time on a

preceding sentence, then the calculation can become complex. (See

Example Nos. IV - 28 through 34.)

p. Application for parole. Parole Commission rules pertaining to

application for parole are contained in 28 CFR § 2.11(a) through (e),

which states in part,

"[(a) A federal prisoner (including a committed youth

offender or prisoner sentenced under the Narcotic Addict

Rehabilitation Act) desiring to apply for parole shall

execute an application form as prescribed by the

P.S. 5880.30

CN-02 July 18, 1994

Chapter VII, Page 21

Commission. Such forms shall be available at each federal

institution and shall be provided to each prisoner who is

eligible for an initial parole hearing pursuant to § 2.12.

Prisoners committed under the Federal Juvenile Justice

Delinquency Act shall be considered for parole without

application and may not waive parole consideration. A prisoner

who receives an initial hearing need not apply for subsequent

hearings.]"

q. Waiver of parole consideration. Under the provisions of 28 CFR

§ 2.11(b) and (c),

"[(b) A prisoner may knowingly and intelligently waive any

parole consideration on a form provided for that purpose.

If a prisoner waives parole consideration, he may later

apply for parole and may be heard during the next visit of

the Commission to the institution at which he is confined,

provided that he has applied at least 60 days prior to the

first day of the month in which such visit of the Commission

occurs.

(c) A prisoner who declines either to apply for or waive

parole consideration is deemed to have waived parole

consideration.]"

r. Initial hearing notice. Under the provisions of 28 CFR §

2.11(e),

"[(e) At least sixty days prior to the initial hearing (and

prior to any hearing conducted pursuant to § 2.14), the

prisoner shall be provided with written notice of the time

and place of the hearing and of his right to review the

documents to be considered by the Commission, as provided by

§ 2.55. A prisoner may waive such notice, except that if

such notice is not waived, the case shall be continued to

the time of the next regularly scheduled proceeding of the

Commission at the institution in which the prisoner is

confined.]"

s. Initial hearing. Providing the person makes application for

parole, the initial hearing, under 28 CFR § 2.12(a) and (b) states,

"[(a) An initial hearing shall be conducted within 120 days

of a prisoner's arrival at a Federal institution or as soon

thereafter as practicable; except that in the case of a

prisoner with a minimum term of parole ineligibility of ten

years or more, the initial hearing will be conducted six

months prior to the completion of such a minimum term, or as

soon thereafter as practicable.

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 22

(b) Following initial hearing, the Commission shall (1) set

a presumptive release date (either by parole

or by mandatory release) within fifteen years of the

hearing; (2) set an effective date of parole; or (3)

continue the prisoner to a fifteen year reconsideration

hearing] . . ."

t. Parole from imprisonment. Because of the language in the

statutes that requires a period of parole ineligibility be served

before parole may be granted, the Bureau of Prisons has always

enforced those statutes by requiring that each prisoner fully serve

the entire period of parole ineligibility before an actual release on

parole. This strict interpretation of those statutes is supported by

the Parole Commission in 28 CFR § 2.12(c) which states in part that,

"[. . . a prisoner may not be paroled earlier than the

completion of any judicially set minimum term of

imprisonment or other period of parole ineligibility fixed

by law.]"

u. Sentence computation and parole of U. S. Citizen Canal Zone

offenders. A U.S. Citizen who is convicted of a Canal Zone offense

and who is transferred to the United States under the provisions of 18

U.S.C. § 5003, based on an agreement between the United States and the

Canal Zone, is eligible for parole consideration by the Parole

Commission. (See the Program Statement on Jurisdiction of the Parole

Commission to Consider the Parole of Canal Zone Offenders.)

A copy of the judgment and commitment and a copy of a sentence

computation record will accompany each person. The computation will

be accepted as accurate, including the parole eligibility date, unless

an obvious discrepancy appears or unless the person challenges any

part of the computation. In either case, Canal Zone officials must be

contacted to resolve the problem. Any correction made to the

computation must be made, or approved, by Canal Zone officials.

The U.S. Citizen Canal Zone offender may make application for

parole the same as any other U. S. Code offender as described in this

chapter, subparagraphs 4.p., q., i., s. and t.

* v. Parole eligibility dates for aggregated D.C. Code and U.S Code

sentences. Whenever a combination of D.C. Code and U.S. Code

sentences are imposed that can be aggregated for parole purposes, a

special rule, based on the statutes and the court decision in Chatman-Bey v. Meese, 797 F2d 987 (D.C. Cir. 1986), has been developed for

determining a single parole eligibility date for the aggregate. The

rule is that the period of parole ineligibility for a U.S. Code

sentence may never be used to increase the total

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 22A

period of parole ineligibility beyond ten years for an aggregate of

U.S. Code and D.C. Code sentences.

Chatman-Bey v. Meese states in part,

". . . we reject the interpretation of the interaction of 18

U.S.C. § 4205(a), and D.C. Code §§ 24-203(a),-204(a)

tendered by the government; instead, we read the relevant

legislative prescriptions to give full effect to the

sentence aggregation approach indicated by 18 U.S.C. §

4205(a), while at the same time obligating prisoners to

serve at least the minimum term or terms imposed under the

D.C. Code. Thus, the FBP should follow a uniform, full

aggregation approach in calculating parole eligibility for

persons incarcerated in federal penitentiaries. Whether

consecutive sentences are imposed solely under the U.S.

Code, or under the federal Code and the D.C. Code, all

should be added together to arrive at a single aggregate

sentence. But because the D.C. Code 'otherwise provides,'

the ten year cap [emphasis added] indicated in 18 U.S.C. §

4205(a) would not be dispositive when a D.C. Code sentence

is implicated. Rather, the prisoner would remain ineligible

for parole until he completed service of time equivalent to

the minimum D.C. Code sentence or sentences.

For example, a prisoner serving a U.S. Code sentence of five

years, and two consecutive D.C. Code sentences of 10 to 30

years, would become eligible for parole after 20 years--not

21 2/3 years--after service of the sentences commenced."

Following are some examples that demonstrate the rule.

(1) A 4205(a) sentence of 70 years is imposed

consecutive to a D.C. Code sentence of 8 to 24 years for a total

sentence of 94 years. Parole eligibility is set at 10 years--8 years

from the D.C. Code sentence plus 2 years from the 4205(a) sentence,

even though parole ineligibility for the 4205(a) sentence, standing

alone, is 10 years.

(2) A 4205(b)(1) sentence of 10 to 40 years is

imposed consecutive to a D.C. Code sentence of 8 to 24 years for a

total sentence of 64 years. Parole eligibility is set at 10 years--

eight years from the D.C. Code sentence plus two years from the

4205(b)(1) sentence, even though the minimum parole ineligibility

period for the 4205(b)(1) sentence is 10 years.

(3) A 4205(a) sentence of 9 years is imposed

consecutive to a D.C. Code sentence of 3 to 9 years for a total

sentence of 18 years. Parole eligibility is set at six years--

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 22B

three year minimum term from the D.C. Code sentence plus three years

of the nine year 4205(a) sentence.

(4) A 4205(a) sentence of 18 years is imposed

consecutive to a D.C. Code sentence of 15 to 45 years for a total

sentence of 63 years. Parole eligibility is set at 15 years based on

the D.C. Code minimum term of 15 years. Therefore, because the 15

year minimum exceeds the U.S. Code ten year cap, none of the six years

of parole ineligibility (1/3 of 18) for the 4205(a) sentence may be

added to the parole eligible date that is established at 15 years.

(5) A 4205(b)(1) sentence of six months to 11 years

is imposed consecutive to a D.C. Code sentence of one to nine years

for a total sentence of 20 years. Parole eligibility is set at 1½

years--one year minimum term from the D.C. Code sentence plus the six

month minimum term from the 4205(b)(1) sentence.

(6) A D.C. Code sentence of eight to 24 years is

imposed consecutive to a 4205(a) sentence of 70 years for a total

sentence of 94 years. Parole eligibility is set at 10 years--two

years from the 4205(a) sentence, even though the period of parole

ineligibility for the 4205(a) sentence is 10 years, plus eight years

from the D.C. Code sentence.

(7) A D.C. Code sentence of eight to 24 years is

imposed consecutive to a 4205(b)(1) sentence of 10 to 40 years for a

total sentence of 64 years. Parole eligibility is set at 10 years--

eight years from the D.C. Code sentence plus two years from the

4205(b)(1) sentence, even though the minimum parole ineligibility

period for the 4205(b)(1) sentence is 10 years.

(8) A D.C. Code sentence of three to nine years is

imposed consecutive to a 4205(a) sentence of nine years for a total

sentence of 18 years. Parole eligibility is set at six years--three

years of the nine year 4205(a) sentence plus the three year minimum

term from the D.C. Code sentence.

(9) A D.C. Code sentence of 15 to 45 years is imposed

consecutive to a 4205(a) sentence of 18 years for a total sentence of

63 years. Parole eligibility is set at 15 years based on the D.C.

Code minimum term of 15 years. Therefore, because the 15 year minimum

exceeds the U.S. Code ten year cap, none of the six years of parole

ineligibility (1/3 of 18) for the 4205(a) sentence is added to the

parole eligible date that is established at 15 years. *

6. Controlled substances. Substantial changes to the drug and

marihuana laws occurred with the enactment of the Narcotic Control Act

of 1956 (P.L. 728, 84th Congress, effective for offenses occurring on

and after July 19, 1956 up to May 1, 1971) (See Appendix IX).

P.S. 5880.30

July 16, 1993

Chapter VII, Page 23

Following the Narcotic Control Act of 1956 are the:

Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513,

effective for offenses occurring on and after May 1,

1971) (See Appendix X.)

Psychotropic Substances Act of 1978 (P.L. 95-633, effective

for offenses occurring on and after November 10, 1978)

(See Appendix XI.)

Infant Formula Act of 1980 (P.L. 96-359, effective for

offenses occurring on and after September 26, 1980) (See

Appendix XI.)

Anti-Drug Abuse Act of 1986 (P.L. 99-570, effective for

offenses occurring on and after October 27, 1986) (See

Appendix XI.)

Controlled Substances Penalties Amendments Act of 1984 (P.L.

98-473, effective for offenses occurring on and after

November 1, 1987) (See Appendix XII.)

Coast Guard Authorization Act of 1986 (P.L. 99-640,

effective for offenses occurring on and after November 10,

1986) (See Appendix XII.)

Criminal Law Procedure Technical Amendments Act of 1986

(P.L. 99-646, effective for offenses occurring on and after

November 10, 1986) (See Appendix XII.)

Sentencing Act of 1987 (P.L. 100-182, effective for offenses

occurring on and after January 6, 1987) (See Appendix XII.)

Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective for

offenses occurring on and after November 18, 1988) (See

Appendix XII.)

Crime Control Act of 1990 (P.L. 101-647, effective for

offenses occurring on and after November 29, 1990) (See

Appendix XII.)

You will note that an Appendix number follows each public law

cite. Four Appendices have been established that provide information

about the length of sentence (including minimum and maximum sentencing

provisions) and fine amounts that may be assessed and whether or not

parole, probation or a suspended sentence is authorized for the

offense. Also included in the Appendices are the minimum mandatory

special parole terms and supervised release terms that must be imposed

for certain offenses. (See paragraph 12. for complete information and

instructions about special parole and supervised release terms.)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 24

It is especially important that the proper parole and non-parolable provisions are correctly applied based on the date of the

offense and the offense for which convicted. The Appendices, if used

properly, provide the information necessary to make those

determinations. (See Appendices III and IV for parole eligible

calculation and determination rules when more than one sentence is

involved.)

The Controlled Substances Penalties Amendments Act of 1984 (P.L.

98-473), effective October 12, 1984 (Appendix XII), increased the

penalties for the more serious large scale narcotic offenses but

failed to include special parole terms thereby eliminating those terms

as part of the sentencing scheme. Effective October 27, 1986, the

Anti-Drug Abuse Act of 1986 (ADAA) (P.L. 99-570) (Appendix XI)

increased the penalties for most controlled substance offenses and

added supervised release terms in place of the special parole terms

that had been eliminated. As a result, a "gap" was created between

October 12, 1984 and October 27, 1986 during which no special parole

or supervised release term could be imposed for the more serious

narcotic offenses.

Unfortunately, enactment of the ADAA of 1986 did not end the

"gap" problem. Some defendants who were sentenced after October 27,

1986 claimed that a period of supervised release, although authorized

by the ADAA of 1986, could not be imposed since the Sentencing Reform

Act of 1984 did not become effective until November 1, 1987. The

defendants claimed, therefore, that a supervised release term could

not be imposed until November 1, 1987. Some courts agreed with that

reasoning and some did not. As a result, the issue elevated to the

Supreme Court in the case of Gozlon-Peretz v. U.S., 498 US 395, 112

Led 2d 919, 111 Sct 840 (1991). The Supreme Court did hold in Gozlon-Peretz ". . . that for offenses committed in the interim period

between October 27, 1986, and November 1, 1987, supervised release

applies for all drug offenses in the categories specified by. . ."

the ADAA of 1986.

7. Computation of single sentence. All of the elements and

procedures necessary to compute a sentence have been discussed in the

preceding explanations and instructions of the statutes that govern

the calculation of a sentence. Following are sentence computation

examples, with parole under the provisions of 18 USC § 4205(a), where

the length of sentence is known: (Note: The actual calculation of

number of days inoperative time (Chapter III, paragraph 2.i. and

Chapter V, paragraph 4.) and presentence time credit days (Chapter

III, paragraph 2.i. and Chapter VI, paragraph 8.a. and b.) and parole

ineligibility time periods (Chapter VII, paragraph 4.a. and e.), as

well as SGT days (Chapter IV, paragraph 4.) will not be shown below

since they have been fully discussed and demonstrated in the chapters

just mentioned:)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 25

Example No. VII - 26:

Arrested on 12-24-79 and remains in continuous custody until

sentenced on 03-03-80 to 180 days. (No SGT is awarded since

the sentence is less than 6 months. Therefore, no 180 day

is established since the total good time (EGT) cannot exceed

180 days. Not eligible for parole since the sentence is not

more than 1 year and not eligible for a two-thirds/thirty

year date since the sentence is less than 5 years.)

DCB = 80-03-03 = 15038

Sentence = + 180 180 Days

Tentative EFT = 80-08-30 = 15218

Original EFT = 80-08-29* = 15217

Presentence Time = - 70 70 Days

Final EFT = 80-06-20 = 15147

SRD = 80-06-20

Example No. VII - 27:

Arrested on 05-05-79; released on bond on 06-06-79; re-arrested on 07-08-79; sentenced on 09-05-79 to 9 months;

released pending appeal on 09-09-79; returned to custody on

10-10-79). (No 180 day is established since the total good

time (SGT and EGT) cannot exceed 180 days. Not eligible for

parole since the sentence is not more than 1 year and not

eligible for a two-thirds/thirty year date since the

sentence is less than 5 years.)

DCB = 79-09-05

Sentence = +00-09-00 9 Months

Unconverted EFT = 79-18-05

Original EFT = 80-06-04* = 15131

Inoperative Time = + 30 30 Days

Tentative EFT = 80-07-04 = 15161

Presentence Time = - 92 92 Days

Final EFT = 80-04-03 = 15069

SGT = - 45 45 Days

SRD = 80-02-18 = 15024

Example No. VII - 28:

Arrested on 06-06-78; released on bond on 10-14-78; re-arrested and sentenced on 02-14-79 to 2 years and 6 months;

released pending appeal on 04-07-79; returned to custody on

07-28-79. (Not eligible for a two-thirds/thirty year date

since the sentence is less than 5 years.)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 26

DCB = 79-02-14

Sentence = +02-06-00 2 Years 6 Months

Original EFT = 81-08-13* = 15566

Inoperative Time = + 111 111 Days

Tentative EFT = 81-12-02 = 15677

Presentence Time = - 131 131 Days

Final EFT = 81-07-24 = 15546

SGT = - 180 180 Days

SRD = 81-01-25 = 15366

Final EFT = 81-07-24 = 15546

Less 180 Days = - 180 180 Days

180 Day Date = 81-01-25 = 15366

DCB = 79-02-14

1/3 of 2 Yrs 6 Mos = +00-10-00 10 Months

Original PE Date = 79-12-13* = 14957

Inoperative Time = + 111 111 Days

New PE Date = 80-04-02 = 15068

Presentence Time = - 131 131 Days

Final PE Date = 79-11-23 = 14937

Example No. VII - 29:

Arrested on 08-12-78; released on bond on 08-14-78; re-arrested 10-12-78; sentenced on 10-13-78 to 4 years and 1

month. (Not eligible for a two-thirds/thirty year date

since the sentence is less than 5 years.)

DCB = 78-10-13

Sentence = +04-01-00 4 Years 1 Month

Original EFT = 82-11-12* = 16022

Presentence Time = - 4 4 Days

Final EFT = 82-11-08 = 16018

SGT = - 343 343 Days

SRD = 81-11-30 = 15675

Final EFT = 82-11-08 = 16018

Less 180 Days = - 180 180 Days

180 Day Date = 82-05-12 = 15838

DCB = 78-10-13

1/3 of 4 Yrs 1 Mo = +01-04-10 1 Yr 4 Mos 10 Dys

Unconverted PE Date = 79-14-22*

Original PE Date = 80-02-22 = 15028

Presentence Time = - 4 4 Days

Final PE Date = 80-02-18 = 15024

P.S. 5880.30

July 16, 1993

Chapter VII, Page 27

Example No. VII - 30:

Sentenced on 09-16-80 upon release from state custody to 6

years and 5 months; escaped on 12-29-80; apprehended on 01-

15-82.

DCB = 80-09-16

Sentence = +06-05-00 6 Years 5 Months

Unconverted EFT = 86-14-15*

Original EFT = 87-02-15 = 17578

Inoperative Time = + 381 381 Days

Final EFT = 88-03-02 = 17959

SGT = - 616 616 Days

SRD = 86-06-25 = 17343

Final EFT = 88-03-02 = 17959

Less 180 Days = - 180 180 Days

180 Day Date = 87-09-04 = 17779

DCB = 80-09-16

1/3 of 6 Yrs 5 Mos = +02-01-20 2 Yrs 1 Mo 20 Dys

Unconverted PE Date = 82-10-36

Original PE Date = 82-11-04* = 16014

Inoperative Time = + 381 381 Days

Final PE Date = 83-11-20 = 16395

DCB = 80-09-16

2/3 of 6 Yrs 5 Mos = +04-03-10 4 Yrs 3 Mo 10 Dys

Original 2/3 Date = 84-12-25* = 16796

Inoperative Time = + 381 381 Days

Final 2/3 Date = 86-01-10 = 17177

Example No. VII - 31:

Arrested on 11-12-78; released on bond on 02-12-79; re-arrested 03-01-79; sentenced on 03-25-79 to 11 years and 7

months; granted "Stay of Execution" of sentence from 03-25-

79 to 04-03-79; returned to custody on

04-03-79; released pending appeal on 08-04-79; returned to

custody on 06-01-80.

DCB = 79-04-03

Sentence = +11-07-00 11 Years 7 Months

Original EFT = 90-11-02* = 18934

Inoperative Time = + 301 Days

Tentative EFT = 91-08-30 = 19235

Presentence Time = - 118 Days

Final EFT = 91-05-04 = 19117

SGT = - 1390 Days

SRD = 87-07-14 = 17727

P.S. 5880.30

July 16, 1993

Chapter VII, Page 28

Final EFT = 91-05-04 = 19117

Less 180 Days = - 180 180 Days

180 Day Date = 90-11-05 = 18937

DCB = 79-04-03

1/3 of 11 Yrs 7 Mos = +03-10-10 3 Yrs 10 Mo 10 Dys

Unconverted PE Date = 82-14-13

Original PE Date = 83-02-12* = 16114

Inoperative Time = + 301 301 Days

Tentative PE Date = 83-12-10 = 16415

Presentence Time = - 118 118 Days

Final PE Date = 83-08-14 = 16297

DCB = 79-04-03

2/3 of 11 Yrs 7 Mos = +07-08-20 7 Yrs 8 Mos 20 Dys

Original 2/3 Date = 86-12-22* = 17523

Inoperative Time = + 301 301 Days

Tentative 2/3 Date = 87-10-19 = 17824

Presentence Time = - 118 118 Days

Final 2/3 Date = 87-06-23 = 17706

8. Consecutive and concurrent sentences. The Bureau of Prisons

computes consecutive and concurrent sentences in accordance with the

provisions of 18 USC § 4161 and 3568 as described below.

a. Consecutive sentences. As to consecutive sentences, 18 USC §

4161 provides in part,

"When two or more consecutive sentences are to be served,

the aggregate of the several sentences shall be the basis

upon which the deduction shall be computed."

Based on 18 USC § 4161, consecutive adult sentences, regardless

of the type of parole, or non-parole, eligibility involved, are

combined (aggregated) into a single sentence for sentence computation

purposes.

b. Concurrent sentences. Although no statute exists that mentions

the term "concurrent," a court may order that a sentence be served

concurrently with an existing sentence or violator term, providing

that the offense does not require some other result. If the court

remains silent as to the manner in which a sentence is to be served in

relation to an existing sentence, then, both the Bureau of Prisons and

the courts follow the rule that sentences imposed at the same, or at a

later time, run (operate) concurrently if the court is silent as to

the manner in which the sentences are to be served, provided that the

person is in exclusive federal custody (not under the jurisdiction of

a federal writ of habeas corpus from state custody) at the time of

sentencing and provided that the offense does not require some other

result. This position is supported by language in 18 USC § 3568 which

states in part,

P.S. 5880.30

July 16, 1993

Chapter VII, Page 29

"The sentence of imprisonment of any person convicted of an

offense shall commence to run from the date on which such

person is received at the penitentiary, reformatory, or jail

for service of such sentence."

"If any such person shall be committed to a jail or other

place of detention to await transportation to the place at

which his sentence is to be served, his sentence shall

commence to run from the date on which he is received at

such jail or other place of detention."

Therefore, a person who is sentenced by a court to a concurrent

sentence, or in the case of a "silent" sentence, begins to serve that

sentence immediately, if such person is in exclusive custody and the

offense does not require some other result, because such person will

be covered by the provisions of 18 USC § 3568.

9. Aggregated sentence. An aggregated sentence is defined as two or

more sentences or violator terms that have been combined resulting in

a common SRD, an EFT and common PE date. Adult sentences under the

provisions of 18 USC § 4205(a), (b)(1) and (b)(2)) may be aggregated.

An adult sentence imposed under 18 USC § 4205(f) may not be aggregated

with any other adult sentence or with another sentence under §

4205(f). No adult sentence may be aggregated with a JJDPA, YCA, or

NARA sentence or the original portion of a single count "split

sentence."

The following definitions and rules pertain to the following

sentence situations:

a. Aggregated consecutive sentence: One or more sentences or

violator terms added to one or more sentences or violator terms to

form a single sentence. Presentence time credit applicable to each

sentence shall be totaled and subtracted from the EFT date and PE

date. Inoperative time will always affect a consecutive aggregated

sentence the same as if it was a single sentence.

b. Aggregated concurrent sentence: A concurrent sentence or

violator term that is running along with another sentence or violator

term, and that has an EFT date which is longer, are combined to form a

single sentence. Presentence time credit applicable to each shall be

totaled and subtracted from the EFT date and PE date that result from

the aggregation. Inoperative time that occurs before a concurrent

sentence or violator term begins to run, will have no affect on the

EFT date or PE date of the concurrent sentence or EFT of the violator

term.

The total length of the aggregate will be determined by adding

the length of the first sentence or violator term to the overlap of

the concurrent sentence or violator term. The overlap is determined

by finding the difference (exact number of days) between the EFT date

(unaffected by presentence time credit) of

P.S. 5880.30

July 16, 1993

Chapter VII, Page 30

the concurrent sentence or violator term and the EFT date of the

concurrent sentence or violator term. The overlap is then added to

the length of the first sentence or violator term for a total sentence

for the aggregate.

c. Aggregated absorbed concurrent sentence: Any concurrent

sentence or violator term that is totally absorbed by another sentence

or violator term, before taking presentence time into consideration

for each sentence, is considered to have been aggregated. Presentence

time credit applicable to each shall be totaled and subtracted from

the EFT for the aggregate.

d. Non-aggregated sentences: A concurrent sentence or violator

term having an EFT date that is less and an SRD that is longer than

the first sentence or violator term, cannot be aggregated and must be

computed separately, maintaining their individual PE dates, EFT dates

and SRD's, as though the other sentence did not exist. The

presentence time credit and SGT (determined at the rate based on the

length of each sentence) applicable to each shall be applied only to

the sentence to which it pertains.

Whenever a detainer is on file for a violator term that is to be

executed on the release date (based on an application of SGT and/or

EGT) of another adult sentence, then a trial computation must be made

to determine whether the sentences can be aggregated if the EFT of the

violator term is greater than the EFT of the sentence just finished.

If the aggregation results in a release date (based on the new SGT

total and any EGT earned during the service of the sentence from which

released) that is earlier than the release date from the sentence just

completed, then the violator term cannot be aggregated with the other

sentence and must stand alone for computation purposes.

e. De-aggregated sentence: On occasion the Parole Commission will

parole from one sentence to another sentence (e.g., parole from a

parolable to a parolable or non-parolable sentence) causing the

sentences to become "de-aggregated." For the remaining sentence, it

shall be computed as if the other sentence had not existed, i.e., the

SGT rate shall be based on the total length of the remaining sentence

and not on the length of the aggregate prior to parole. Presentence

time credit belonging to the sentence from which paroled that was used

to calculate the original aggregated sentence shall not be carried

over to the remaining sentence. EGT earned on the aggregate will not

carry over but the seniority accrued on the aggregate shall carry over

to the remaining sentence. All time served on the sentence from which

paroled shall count toward reducing the PE date on the remaining

parolable sentence or sentences, including concurrent or consecutive

life sentences.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 31

10. Computation of multiple sentences. An "aggregated consecutive

sentence" (see this chapter, paragraph 8.a.) is, of course, obvious

and the method of calculation is immediately known. In concurrent

sentence situations, however, sometimes the EFT and SRD for each

sentence must be computed separately to determine if there is an

"aggregated concurrent sentence" (see this chapter, paragraph 8.b.),

an "aggregated absorbed concurrent sentence" (see this chapter,

paragraph 8.c.) or a "non-aggregated concurrent sentence" (see this

chapter, paragraph 8.d.). A comparison of the EFT's and SRD's of the

sentences involved must be made to determine which method of

computation is required. The examples below will contain at least one

of each situation just mentioned.

Because of the statutory language in 18 USC § 4206(d) (see this

chapter, paragraph 4.e.), 2/3's/thirty year dates are computed

separately on each count and applied to an aggregate computation in

the manner in which the court imposed each count. As a result, the

latest (or more distant) 2/3's/thirty year date on any count that is

part of an aggregate computation becomes the single 2/3's/thirty year

date for the aggregate. Calculation of a final 2/3's/thirty year date

can become quite complicated when parolable and nonparolable sentences

are involved. Appendix IV has been developed to establish the rules

that should be followed in calculating a 2/3's/thirty year date for

multiple sentences.

Following are sentence computation examples, with parole under

the provisions of 18 USC § 4205(a), where the length of sentence must

be determined: (Note: The actual calculation of number of days

inoperative time (Chapter III, paragraph 2.i. and Chapter V, paragraph

4.) and presentence time credit days (Chapter III, paragraph 2.i. and

Chapter VI, paragraph 8.a. and b.) and parole ineligibility time

periods (Chapter VII, paragraph 4.a., b. and e.), as well as SGT days

(Chapter IV, paragraph 4.) will not be shown below since they have

been fully discussed and demonstrated in the chapters just mentioned:)

Example No. VII - 32:

Sentence No. 1: Arrested on 04-06-80; sentenced on 04-12-80

to 2 years; released pending appeal on 04-15-80; returned to

custody on 04-19-80.

Sentence No. 2: Sentenced on 07-01-80 to 2 years and 6

months consecutive.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 32

Only the final computation will be shown as follows.

Sentence No. 1 = 02-00-00 2 Years

Sentence No. 2 = +02-06-00 2 Years 6 Months

Total Sentence = 04-06-00 4 Years 6 Months

Aggregate DCB = +80-04-12

Original EFT = 84-10-11* = 16721

Inoperative Time = + 3 3 Days

Tentative EFT = 84-10-14 = 16724

Presentence Time = - 6 6 Days

Final EFT = 84-10-08 = 16718

SGT = - 378 378 Days

SRD = 83-09-26 = 16340

Final EFT = 84-10-08 = 16718

Less 180 Days = - 180 180 Days

180 Day Date = 84-04-11 = 16538

Aggregate DCB = 80-04-12

1/3 of 4 Yrs 6 Mos = +01-06-00 1 Year 6 Months

Original PE Date = 81-10-11* = 15625

Inoperative Time = + 3 3 Days

Tentative PE Date = 81-10-14 = 15628

Presentence Time = - 6 6 Days

Final PE Date = 81-10-08 = 15622

(There is no 2/3's date for the above "aggregated

consecutive sentence" since neither the aggregate or either

sentence is equal to five years or more.)

Example No. VII - 33:

Sentence No. 1: Arrested on 03-12-79; released on bond on

03-17-79; returned to custody and sentenced to 4 years on

04-09-79; released pending appeal on 09-12-81; returned to

custody on 09-19-81.

Sentence No. 2: Sentenced to 8 years concurrent on

10-16-81.

Only the final computation will be shown below.

Sentence No. 1 DCB = 79-04-09

Sentence = +04-00-00 4 Years

Original EFT = 83-04-08* = 16169

Inoperative Time = + 6 6 Days

Tentative EFT = 83-04-14 = 16175

(Note that the presentence time that belongs to Sentence No.

1 was not used to calculate the tentative EFT of Sentence

No. 1. That presentence time will be deducted from the

aggregate EFT. The inoperative time was used to calculate

the EFT of Sentence No. 1 since

P.S. 5880.30

July 16, 1993

Chapter VII, Page 33

it occurred prior to the DCB of Sentence No. 2, but it has no

effect on the final aggregate EFT.)

Sentence No. 2 DCB = 81-10-16

Sentence = +08-00-00 8 Years

Original EFT = 89-10-15*

Sent. No. 2 Original EFT = 89-10-15

Sent. No. 1 Tentative EFT = -83-04-14

Overlap of Sent. No. 2 = 06-06-01 6 Yrs 6 Mos 1 Dy

Sent. No. 1 Sentence = +04-00-00 4 Years

Aggregate Sentence = 10-06-01 10 Yrs 6 Mos 1 Dy

Aggregate Original EFT = 89-10-15 = 18551

Presentence Time = - 6 6 Days

Final EFT = 89-10-09 = 18545

SGT = - 1260 1260 Days

SRD = 86-04-28 = 17285

Final EFT = 89-10-09 = 18545

Less 180 Days = - 180 180 Days

180 Day Date = 89-04-12 = 18365

Aggregate DCB = 79-04-09

1/3 of 10 Yrs 6 Mos 1 Dy = +03-06-00 3 Years 6 Months

Original PE Date = 82-10-08* = 15987

Inoperative Time = + 6 6 Days

Tentative PE Date = 82-10-14 = 15993

Presentence Time = - 6 6 Days

Final PE Date = 82-10-08 = 15987

(The 2/3's date calculation below is based on the concurrent

8 year sentence (Sentence No. 2) only. See Appendix IV,

rule number 3.a.(2).)

DCB = 81-10-16

2/3's of 8 Years = +05-04-00 5 Years 4 Months

Original 2/3's Date = 87-02-15* = 17578

Presentence Time = - 6 Days

Final 2/3's Date = 87-02-09 = 17572

Example No. VII - 34:

Sentence No. 1: Arrested on 07-01-79; released on bond on

07-14-79; returned to custody and sentenced on

08-19-79 to 6 years; released pending appeal on

08-20-79; returned to custody on 12-20-79.

Sentence No. 2: Arrested on 09-21-78; released on bond on

09-30-78; sentenced on 05-05-82 to 9 months concurrent. (A

quick mental calculation reveals that Sentence No. 1 will

easily absorb the EFT of Sentence No. 2. It is necessary,

however, to calculate the SRD.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 34

If the SRD of Sentence No. 2 exceeds the SRD of Sentence No. 1,

then the sentences must be computed

separately (standing alone) as though the other did not

exist. If the SRD of Sentence No. 2 is absorbed, then

Sentence No. 2 will have no effect on the aggregate sentence

(6 years in this case) with the exception of the 2/3's date.

Also see Appendix IV (rule number 3.a.(3)).

Sentence No. 1 DCB = 79-08-19

Sentence = +06-00-00 Years

Original EFT = 85-08-18* = 17032

Inoperative Time = + 121 121 Days

Tentative EFT = 85-12-17 = 17153

Presentence Time = - 14 14 Days

Final EFT = 85-12-03 = 17139

SGT = - 576 576 Days

SRD = 84-05-06 = 16563

Sentence No. 1 DCB = 79-08-19

2/3's of 6 Yrs = +04-00-00 4 Years

Original 2/3's Date = 83-08-18* = 16301

Inoperative Time = + 121 121 Days

Tentative 2/3's Date = 83-12-17 = 16422

Presentence Time = - 14 14 Days

Final 2/3's Date = 83-12-03 = 16408

-----------------------------------------------------------

Sentence No. 2 DCB = 82-05-05

Sentence = +00-09-00 9 Months

Unconverted EFT = 82-14-04*

Original EFT = 83-02-04 = 16106

Presentence Time = - 10 10 Days

Final EFT (Less than No.1) = 83-01-25 = 16096

SGT = - 45 45 Days

SRD (Less than No. 1) = 82-12-11 = 16051

Sentence No. 2 DCB = 82-05-05

2/3's of 9 Months = +00-06-00 6 Months

Original 2/3's Date = 82-11-04* = 16014

Presentence Time = - 10 10 Days

Final 2/3's Date = 82-10-25 = 16004

(The EFT, SRD and 2/3's date of Sentence No. 2 are less than

those in Sentence No. 1 and the sentence is, therefore,

completely absorbed resulting in an "aggregated absorbed

concurrent sentence" (see this chapter, paragraph 8.c.). As

a result, the 2/3's date of Sentence No. 1, since it is the

more distant date, becomes the single 2/3's date for the

aggregate sentence (6 years in this case), minus the

presentence time belonging to both Sentence No. 1 and

Sentence No. 2 (a total of 24 days) resulting in a Final

2/3's Date of 11-23-83.)

PS 5880.30

July 16, 1993

Chapter VII, Page 35

Aggregate DCB = 79-08-19

Sentence = +06-00-00 Years

Original EFT = 85-08-18* = 17032

Inoperative Time = + 121 121 Days

Tentative EFT = 85-12-17 = 17153

Presentence Time = - 24 24 Days

Final EFT = 85-11-23 = 17129

SGT = - 576 576 Days

SRD = 84-04-26 = 16553

Aggregate DCB = 79-08-19

1/3 of 6 Yrs = +02-00-00 2 Years

Original PE Date = 81-08-18* = 15571

Presentence Time = - 24 24 Days

Final PE Date = 81-07-25 = 15547

Final EFT = 85-11-23 = 17129

Less 180 Days = - 180 180 Days

180 Day Date = 85-05-27 = 16949

Example No. VII - 35:

Sentence No. 1: Arrested on 08-09-81; released on bond on

08-12-81; returned to custody and sentenced on 08-25-81 to 5

years.

Sentence No. 2: Arrested on 04-01-79; released on bond on

04-05-79; sentenced on 04-26-85 to 1 year and 1 day.

(Sentence No. 2 is silent as to how it is to run

(concurrently or consecutively) in relationship to Sentence

No. 1 and, therefore, runs concurrently (see this chapter,

paragraph 7.b.). The EFT and SRD for each sentence must be

computed separately and then compared to determine which

method of computation is required.)

Sentence No. 1 DCB = 81-08-25

Sentence = +05-00-00 5 Years

Original EFT = 86-08-24* = 17403

Presentence Time = - 4 4 Days

Final EFT = 86-08-20 = 17399

SGT = - 480 480 Days

SRD = 85-04-27 = 16919

Sentence No. 2 DCB = 85-04-26

Sentence = +01-00-01 1 year 1 day

Original EFT = 86-04-26* = 17283

Presentence Time = - 5 5 Days

Final EFT = 86-04-21 = 17278

SGT = - 72 72 Days

SRD = 86-02-08 = 17206

PS 5880.30

CN-03, June 30, 1997

Chapter VII, Page 36

(The EFT of Sentence No. 2 does not exceed the EFT of

Sentence No. 1, but the SRD of Sentence No. 2 does exceed

the SRD Sentence No. 1. As a result, a "non-aggregated

concurrent sentence" (see this chapter, paragraph 8.d.)

situation exists and the sentences cannot be aggregated and

must be served separately. The calculations for the other

parts of each sentence are shown below.)

Sentence No. 1 EFT = 86-08-20 = 17399

Less 180 Days = - 180 180 Days

180 Day Date = 86-02-21 = 17219

Sentence No. 1 DCB = 81-08-25

1/3 of 5 Yrs = +01-08-00 1 Year 8 Months

Unconverted PE Date = 82-16-24*

Original PE Date = 83-04-24 = 16185

Presentence Time = - 4 4 Days

Final PE Date = 83-04-20 = 16181

Sentence No. 1 DCB = 81-08-25

2/3 of 5 Yrs = +03-04-00 3 Years 4 Months

Original 2/3 Date = 84-12-24* = 16795

Presentence Time = - 4 4 Days

Final 2/3's Date = 84-12-20 = 16791

Sentence No. 2 DCB = 85-04-26

1/3 of 1 Year 1 Day = +00-04-01 4 Months 1 Day

Original PE Date = 85-08-26* = 17040

Presentence Time = - 5 5 Days

Final PE Date = 85-08-21 = 17035

(There is no 180 day date for Sentence No. 2 since 180 days

of good time cannot be earned on a sentence of 1 year and 1

day. There is no 2/3's date since the sentence is less than

5 years.)

* 11. Execution of warrant issued by the U.S. Parole Commission for

alleged parole violation (18 U.S.C. § 4213) and computation *

of mandatory release (18 U.S.C. § 4164) or parole (18 U.S.C. § 4205

and 4206(d)) violator terms under 18 U.S.C. § 4210 and 4214. A

prisoner who is mandatorily released "as if on parole" (18 U.S.C. §

4164) or who is paroled (18 U.S.C. § 4205 and 4206(d)) remains, as

stated by 18 U.S.C. § 4210(a),

". . . in the legal custody and under the control of the

Attorney General, until the expiration of the maximum term

or terms for which such parolee was sentenced."

PS 5880.30

CN-03, June 30, 1997

Chapter VII, Page 36A

*

18 U.S.C. § 4213 provides that,

(a) If any parolee is alleged to have violated his parole,

the Commission may--

(1) summon such parolee to appear at a hearing conducted

pursuant to section 4214; or

(2) issue a warrant and retake the parolee as provided

in this section.

(b) Any summons or warrant issued under this section shall

be issued by the Commission as soon as practicable after

discovery of the alleged violation, except when delay is

deemed necessary. Imprisonment in an institution shall not

be deemed grounds for delay of such issuance, except that,

in the case of any parolee charged with a criminal offense,

issuance of a summons or warrant may be suspended pending

disposition of the charge.

(c) Any summons or warrant issued pursuant to this section

shall provide the parolee with written notice of--

(1) the conditions of parole he is alleged to have

violated as provided under section 4209;

(2) his rights under this chapter; and

(3) the possible action which may be taken by the

Commission.

(d) Any officer of any Federal penal or correctional

institution, or any Federal officer authorized to serve

criminal process within the United States, to whom a warrant

issued under this section is delivered, shall execute such

warrant by taking such parolee and returning him to the

custody of the regional commissioner, or to the custody of

the Attorney General, if the Commission shall so direct.

If the parolee appears before the U.S. Parole Commission for a hearing

based on a summons, no time credit shall be given off a subsequent

violator term, either in the form of presentence time credits or time

off the violator term, for the time spent undergoing the hearing. In

the unlikely event that a warrant is issued and executed on the same

day as the hearing, then the subsequently revoked violator term shall

be calculated as beginning on the date the warrant was executed.

PS 5880.30

CN-03, June 30, 1997

Chapter VII, Page 36B

On occasion, a warrant that was issued for alleged parole violation

does not catch up with the parolee for a few days or weeks after

apprehension. In those cases where the execution of the late

arriving warrant is shown as a date different from the date of

apprehension, ISM staff shall calculate the violator term as having

begun on the date of actual arrest rather than the later date on the

warrant. The time gap between the apprehension date and the later

date shall not be treated as jail time credit. In no case, of course,

may a warrant be executed prior to its date of issuance.

As noted in § 4213(d) above, it is that subsection that authorizes

Bureau of Prisons' staff to execute a warrant issued by the Parole

Commission. *

18 U.S.C. § 4214(d) states in pertinent part,

(d) Whenever a parolee is summoned or retaken pursuant to

section 4213, and the Commission finds pursuant to the

procedures of this section and by a preponderance of the

evidence that the parolee has violated a condition of his

parole the Commission may take any of the following actions:

(1) restore the parolee to supervision;

(2) reprimand the parolee;

(3) modify the parolee's conditions of parole;

PS 5880.30

CN-03, June 30, 1997

Chapter VII, Page 37

(4) refer the parolee to a residential community treatment center

for all or part of the remainder of his original sentence; or

(5) formally revoke parole or release as if on parole pursuant to

this title [emphasis added].

"The Commission may take any such action provided it has

taken into consideration whether or not the parolee has been

convicted of any Federal, State, or local crime subsequent

to his release on parole, and the seriousness thereof, or

whether such action is warranted by the frequency or

seriousness of the parolee's violation of any other

condition or conditions of parole."

As noted above in § 4214(d)(5), the U.S. Parole Commission, under

certain conditions, may revoke a prisoner's parole. During the

revocation process, and based on the language in § 4214, as quoted

above, and 18 U.S.C. § 4210 as discussed below, the Parole Commission

will make a determination as to which parole condition (or conditions)

has been violated for computation purposes of the violator term. (See

this chapter, paragraph 12. for instructions pertaining to SPT

violator terms.)

* It is important to remember that a parole violator, including a

mandatory release (18 U.S.C. § 4164) violator, is always eligible for

re-parole at the discretion of the Parole Commission. This re-parole

rule also applies to a special parole term violator and to any

prisoner who was released by mandatory release but who was not

initially eligible for parole because of the offense. *

a. Parole revocation under 18 U.S.C. § 4210(b) with credit for

"street time:" Section 4210(b) states in part,

"(b) Except as otherwise provided in this section, the

jurisdiction of the Commission over the parolee shall terminate

no later than the date of the expiration of the maximum term or

terms for which he was sentenced, except

. . ." (For the "except" see this chapter, paragraph 10.b

and c.)

To implement 18 U.S.C. § 4210(b), the Parole Commission has published

the following rule in 28 CFR § 2.52(c):

PS 5880.30

July 16, 1993

Chapter VII, Page 38

"(c) A parolee whose release is revoked by the Commission

will receive credit on service of his sentence for time

spent under supervision, except. . ." (For the "except"

see this chapter, paragraph 10.b and c.)

In view of the above, the Parole Commission will grant credit

toward service of the sentence, commonly referred to as "street time"

credit, for time under parole supervision in the community if the

revocation is for a "technical" violation of a condition of parole. A

"technical" condition set by the Parole Commission is ". . .

sufficiently specific to serve as a guide to supervision and conduct.

. ." (18 U.S.C. § 4209(b)) and which

". . . may provide for such supervision and other limitations as are

reasonable to protect the public welfare" (18 U.S.C. § 4209(a)(2)) but

does not include a violation as the result of "absconding" (see this

chapter, paragraph 10.b. below) or for conviction of a "crime" (see

this chapter, paragraph 10.c. below).

(1) When the Parole Commission revokes parole and grants credit

for all time in the community under supervision ("street time"), the

calculation of the parole violator (PV) term will be based on the

amount of time remaining to be served from, but not including, the

date the warrant was executed through the EFT of the sentence that

existed at the time of release.

(2) The date the warrant was executed will be subtracted from

the EFT that existed at the time of release to establish the years,

months, and days so that the proper amount of SGT can be awarded.

(3) SGT for the PV term will be at the same rate as the sentence

from which paroled and will be awarded only for the amount of time

remaining to be served.

Example No. VII - 36:

Sentence No. 1: Arrested on 04-12-79 and remained in

continuous custody and sentenced on 05-12-79 to 6 years.

EFT was 04-11-85 and released by mandatory release on 09-13-

83 with 576 days remaining.

Sentence No. 1 PV (Mandatory Release Violator):

Arrested (warrant executed) as an alleged parole violator on

02-17-84, parole revoked on 03-21-84 and all "street time"

credited.

(Only the EFT for the 6 year sentence will be calculated

since that is the only information that needs to be known

from the original calculation in order to compute the

violator term.)

P.S. 5880.30

July 16, 1993

Chapter VII, Page 39

Step No. 1.

Sentence No. 1 DCB = 79-05-12

Sentence = +06-00-00 6 Years

Tentative EFT = 85-05-11* = 16933

Presentence Time = - 30 30 Days

Final EFT = 85-04-11 = 16903

Step No. 2.

Sentence No. 1 EFT = 85-04-11 = 16903

Date Warrant Executed = 84-02-16* = -16483

Days Remaining = 420 420 Days

Step No. 3.

Sentence No. 1 PV DCB = 84-02-17 = 16484 (War. Ex.)

Days Remaining = + 420 420 Days

Sentence No. 1 PV EFT = 85-04-11* = 16903

Sentence No. 1 PV DCB = -84-02-16*

PV Term for SGT Purposes = 01-01-26 1 Yr 1 Mo 26 Dys

1 Yr, 1 Mo, 26 Dys x 8 SGT Per Mo = 110 Days SGT

Step No. 4.

Sentence No. 1 PV EFT = 85-04-11 = 16903

SGT = - 110 110 Days

SRD = 84-12-22 = 16793

Eligible for Re-Parole at Parole Commission's Discretion

b. Parole revocation under 18 USC § 4210(c) as a result of

"absconding:" 18 USC § 4210(c) (Also see 28 CFR § 2.52(c)(1).)

states,

"[(c) In the case of any parolee found to have intentionally

refused or failed to respond to any reasonable request,

order, summons, or warrant of the Commission or any member

or agent thereof, the jurisdiction of the Commission may be

extended for the period during which the parolee so refused

or failed to respond.]"

This subsection means that the Parole Commission may extend its

jurisdiction over any parolee who has refused or failed to respond to

any reasonable request, order, summons or warrant for such time as the

parolee refused or failed to respond. Hereinafter, "refused or failed

to respond" time will be referred to as "absconder" time. Absconder

time is reported by the Parole Commission in a variety of ways on the

"Notice of Action" (NOA). Regardless of the manner in which the

absconder time is reported on the NOA, the Warrant Application shall

be reviewed to verify the NOA information. If there is a discrepancy

between the information on the NOA and the Warrant Application, then

the Parole Commission shall be consulted to resolve the problem.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 40

(1) In calculating time, the Parole Commission ". . . may order

the forfeiture of the time during which the parolee so refused or

failed to respond, and such time shall not be credited to service of

the sentence" (28 CFR § 52(c)(1)). If the inmate absconds during the

parole supervision period in the community, he essentially removes

himself from supervision and thus, the jurisdiction of the Parole

Commission. This absconder time, as just stated, may be forfeited by

the Parole Commission.

The Parole Commission Rules and Procedures Manual, Rule 2.52-

01(b)(1), states in part,

". . . The voluntary return of the parolee, or execution of

the warrant (or filing of a detainer) marks the limit of the

period which can be forfeited. If no clear earlier date is

possible, the date on which the warrant was issued should be

used. NOTE: In all cases of failure to report or submit to

supervision, the failure must have been intentional. For

example, if the parolee was hospitalized because of an

emergency, no forfeiture should be made. A parolee who

absconds and then is detained as a result of a subsequent

criminal charge should have time forfeited from the date he

absconded till the date taken into custody on such charge

(federal, state, local)."

(2) If the Parole Commission revokes parole and "forfeits"

absconder (inoperative) time that occurred between the date of release

and the EFT as it existed at the time of release, then the following

procedures shall be followed:

(a) The number of days in an absconder status (ordinarily the

period of time from the date of abscondence to the date the warrant is

executed before the EFT), as reported in the NOA, shall be added to

the EFT as it existed at the time of release to establish a new EFT.

(b) After the new EFT has been determined, the date the

warrant was executed must be subtracted from the new EFT to establish

the total number of years, months and days imprisonment time remaining

to be served on the violator term.

(c) SGT will be awarded on the amount of imprisonment time

remaining to be served based on the same rate applicable to the

sentence from which paroled and that SGT shall be subtracted from the

new EFT to establish the SRD of the PV term..

Example No. VII - 37:

Sentence No. 1: Arrested on 04-12-79 and remained in

continuous custody and sentenced on 05-12-79 to

6 years. EFT was 04-11-85 and released by mandatory release

on 09-13-83 with 576 days remaining.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 41

Sentence No. 1 PV (Mandatory Release Violator): Absconded

from supervision on 12-11-83; arrested (warrant executed) as

an alleged parole violator on

02-17-84; parole revoked on 03-21-84 and all "street time"

credited with the exception of the time in an absconder

status.

(Prior to beginning the calculation of the violator term, a

determination must be made as to whether the absconder

status ended on or before the EFT as it existed prior to

release. This determination shall be accomplished by

reviewing existing records, and verified by a recalculation

of the original sentence.)

Step No. 1.

Sentence No. 1 DCB = 79-05-12

Sentence = +06-00-00 6 Years

Tentative EFT = 85-05-11* = 16933

Presentence Time = - 30 30 Days

Final EFT = 85-04-11 = 16903

Step No. 2.

Day Before PV Warr. Exec. = 84-02-16 = 16483

Absconded = 83-12-11 = -16416

Absconder Status Time = 67 67 Days

Step No. 3.

Sentence No. 1 EFT = 85-04-11 = 16903

Absconder Status Time = + 67 67 Days

Sentence No. 1 PV EFT = 85-06-17 = 16970

PV Warrant Executed = -84-02-16*

Sent. No. 1 PV Time Remain. = 01-04-01 1 Yr 4 Mos 1 Dy

1 Yr, 4 Mos, 1 Dy x 8 SGT Per Mo = 128 Days SGT

Step No. 4.

Sentence No. 1 PV EFT = 85-06-17 = 16970

SGT = - 128 128 Days

Sentence No. 1 PV SRD = 85-02-09 = 16842

Eligible for Re-Parole at Parole Commission's Discretion

(3) If the Parole Commission revokes parole and "forfeits"

absconder (inoperative) time for all time remaining to be served on

the sentence as the result of the fact that the parolee was in an

absconder status beyond the date of the EFT the way it existed at the

time of release, then the following procedures shall be followed:

(a) The number of days in an absconder status remaining to be

served under supervision from the absconding date through the EFT

shall be added to the date that the warrant is executed to establish a

new EFT.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 42

(b) After the new EFT has been determined, then the date the

warrant was executed must be subtracted from the new EFT to establish

the total number of years, months and days imprisonment time remaining

to be served on the violator term.

(c) SGT will be awarded on the amount of imprisonment time

remaining to be served based on the same rate applicable to the

sentence from which paroled and that SGT shall be subtracted from the

new EFT to establish the SRD of the PV term.

Example No. VII - 38:

Sentence No. 1: Arrested on 04-12-79 and remained in

continuous custody and sentenced on 05-12-79 to 6 years.

EFT was 04-11-85 and released by mandatory release on 09-13-

83 with 576 days remaining.

Sentence No. 1 PV (Mandatory Release Violator): Absconded

from supervision on 12-11-83; arrested (warrant executed) as

an alleged parole violator on

06-15-86; parole revoked on 08-21-86 and all "street time"

credited with the exception of the time in an absconder

status.

(Prior to beginning the calculation of the violator term, a

determination must be made as to whether the last day of the

absconder status exceeded the EFT as it existed prior to

release. This determination shall be accomplished by

reviewing existing records, and verified by a recalculation

of the original sentence.)

Step No. 1.

Sentence No. 1 DCB = 79-05-12

Sentence = +06-00-00 6 Years

Tentative EFT = 85-05-11* = 16933

Presentence Time = - 30 30 Days

Final EFT = 85-04-11 = 16903

Step No. 2.

Sentence No. 1 EFT = 85-04-11 = 16903

Absconded = 83-12-11 = -16416

Sent. No. 1 PV Days Remain. = 487 487 Days

Step No. 3.

PV Warrant Executed = 86-06-15 = 17333

Sent. No. 1 PV Days Remain. = + 487 487 Days

Sentence No. 1 PV EFT = 87-10-14* = 17819*

PV Warrant Executed = -86-06-14*

Sent. No. PV 1 Time Remain. = 01-04-00 1 Year 4 Months

1 Yr, 4 Mos x 8 SGT per Mo = 128 Days SGT

P.S. 5880.30

July 16, 1993

Chapter VII, Page 43

Step No. 4.

Sentence No. 1 PV EFT = 87-10-14 = 17819

SGT = - 128 128 Days

Sentence No. 1 PV SRD = 87-06-08 = 17691

Eligible for Re-Parole at Parole Commission's Discretion

c. Parole revocation under 18 USC § 4210(b)(2) with "no credit for

street time:" 18 USC § 4210(b)(2) states,

"(2) in the case of a parolee who has been convicted of a

Federal, State, or local crime committed subsequent to his

release on parole, and such crime is punishable by a term of

imprisonment, detention or incarceration in any penal

facility, the Commission shall determine, in accordance with

the provisions of section 4214(b) or (c), whether all or any

part of the unexpired term being served at the time of

parole shall run concurrently or consecutively with the

sentence imposed for the new offense, but in no case shall

such service together with such time as the parolee has

previously served in connection with the offense for which

he was paroled, be longer than the maximum term for which he

was sentenced in connection with such offense."

28 CFR § 2.52(c)(2) states,

"[(2) It is the Commission's interpretation of 18 U.S.C.

4210(b)(2) that, if a parolee has been convicted of a new

offense committed subsequent to his release on parole, which

is punishable by any term of imprisonment, detention, or

incarceration in any penal facility, forfeiture from the

date of such release to the date of execution of the warrant

is an automatic statutory penalty, and such time shall not

be credited to the service of the sentence [emphasis added].

An actual term of confinement or imprisonment need not have

been imposed for such conviction; it suffices that the

statute under which the parolee was convicted permits the

trial court to impose any term of confinement or

imprisonment in any penal facility. If such conviction

occurs subsequent to a revocation hearing the Commission may

reopen the case and schedule a further hearing relative to

time forfeiture and such further disposition as may be

appropriate. However, in no event shall the violator term

imposed under this subsection, taken together with the time

served before release, exceed the total length of the

original sentence.]"

P.S. 5880.30

July 16, 1993

Chapter VII, Page 44

A further explanation of the phrase, "punishable by any term of

imprisonment, detention or incarceration in a penal facility," means

any term of imprisonment that may be levied upon an adjudication of

guilt. For example, a person convicted of any offense punishable by

even one day of imprisonment would not receive credit for parole

supervision time towards service of the violator term even if no

sentence of imprisonment was imposed on the sentence that caused the

parole to be revoked.

(1) If the Parole Commission revokes the parole, the calculation

of the violator term will be based on the number of days remaining to

be served beginning the day after the SRD through the EFT which should

equal, after verification, the number of days as shown on the release

certificate (no credit for "street time"). The number of days to be

served shall be added to the date the warrant was executed to

establish a new EFT.

(2) The date the warrant was executed shall be subtracted from

the new EFT to convert the number of days to be served into years,

months and days so that the proper amount of SGT can be awarded.

(3) SGT will be awarded at the same rate as the sentence from

which released and will be awarded only for the amount of time

remaining to be served.

Example No. VII - 39:

Sentence No. 1: Arrested on 04-12-79 and remained in

continuous custody and sentenced on 05-12-79 to 6 years.

EFT was 04-11-85 and released by mandatory release on 09-13-

83 with 576 days remaining.

Sentence No. 1 PV (Mandatory Release Violator): Arrested

(warrant executed) as an alleged parole violator on 02-17-84

after conviction for a state felony for which probation was

granted; parole revoked on 03-21-84.

(The number of days remaining to be served at the time of

mandatory release from the original sentence must be learned

before calculation of the violator term can begin.)

Step No. 1.

Sentence No. 1 DCB = 79-05-12

Sentence = +06-00-00 6 Years

Tentative EFT = 85-05-11* = 16933

Presentence Time = - 30 30 Days

Final EFT = 85-04-11 = 16903

P.S. 5880.30

July 16, 1993

Chapter VII, Page 45

Step No. 2.

Sentence No. 1 EFT = 85-04-11 = 16903

Sent. No. 1 Release Date = 83-09-13 = -16327

Sent. No. 1 Days Remain. = 576 576 Days

Step No. 3.

PV Warrant Executed = 84-02-17 = 16484

Sent. No. 1 Days Remain. = + 576 576 Days

Sentence No. 1 PV EFT = 85-09-14* = 17059*

PV Warrant Executed = -84-02-16*

Sent. No. 1 PV Time Remain. = 01-06-29 1 Yr 6 Mos 29 Dys

1 Yr, 6 Mos, 29 Dys x 8 SGT Per Mo = 151 Days SGT

Step No. 4.

Sentence No. 1 PV EFT = 85-09-14 = 17059

SGT = - 151 151 Days

Sentence No.1 PV SRD = 85-04-16 = 16908

Eligible for Re-Parole at Parole Commission's Discretion

12. Determination of the statutory good time rate for an aggregate

that includes a violator term. Determining the SGT rate for an

aggregate that includes a PV term [as the result of a release by

mandatory release with supervision to follow ("as if on parole" under

18 USC § 4164) or on parole] and another adult sentence may require

more calculation steps than an aggregation of two or more non-violator

sentences. As a result, special rules have been devised for those

situations, and examples have been developed to demonstrate those

rules.

(Special Note: Credit granted by the Parole Commission for time

in the community, i.e., "street time credit," while under parole

supervision shall, for calculation of SGT rate determination purposes,

be treated the same as if no "street time credit" existed.)

After the SGT rate has been determined, the examples will

demonstrate the calculation process for only the final EFT and SRD.

(One hundred and eighty day dates (18 USC § 4164) (see paragraph 3.d.)

parole eligible dates (see Appendix III) and two-thirds/thirty year

dates (see Appendix IV), if any, are not shown in the examples below

since those types of calculations have been thoroughly demonstrated in

paragraphs 6. and 9.)

a. A PV term followed by a consecutive adult sentence: A PV term

followed by a consecutive adult sentence shall be aggregated with the

PV term into a single sentence. The rate of SGT shall be determined

by adding the length of the original sentence, as it stood prior to

the PV term, to the consecutive sentence to arrive at a total sentence

for SGT purposes only.

P.S. 5880.30

July 16, 1993

Chapter VII, Page 46

Example No. VII - 40:

Sentence No. 1. Arrested on 09-24-78; released on bond on

09-25-78; returned and DCB on 10-12-78 to a

§ 4205(a) sentence of 5 years; released on Parole on 09-09-

80 with 1125 days remaining to serve.

Sentence No. 1 PV term. Warrant issued on 12-01-80; warrant

executed on 12-31-80.

Sentence No. 2. Arrested on 09-12-80; released on bond on

09-15-80; sentenced on 08-11-81 to a § 4205(a) sentence of 5

years consecutive.

Step No. 1. Determine the SGT rate by adding original

Sentence No. 1 of 5 years to consecutive Sentence No. 2 of 5

years.

Original Sentence No. 1 = 05-00-00 5 Years

Consecutive Sentence No. 2 = +05-00-00 5 Years

Total Time for SGT Rate = 10-00-00 10 Years

SGT Rate for 10 Years = 10 Days SGT Per Month

Step No. 2. Calculate the EFT of the aggregate, the

aggregate sentence length and then the SGT for the aggregate

sentence length.

DCB of Sent. No. 1 PV Term = 80-12-31 = 15341

Sentence No. 1 PV Term = + 1125 1125 Days

EFT of Sent. No. 1 PV Term = 84-01-29* = 16465*

Consecutive Sentence No. 2 = +05-00-00 5 Years

Aggregate Original EFT = 89-01-29

DCB of PV Term = -80-12-30*

Aggregate Sentence Length = 08-00-30 8 Years 30 Days

10 SGT Dys Per Mo x 8 Yrs 30 Dys = 970 Dys Tot SGT

Step No. 3. Calculate the Final EFT and the SRD.

Aggregate Original EFT = 89-01-29 = 18292

Presentence Time = - 4 4 Days

Final EFT = 89-01-25 = 18288

SGT = - 970 970 Days

SRD = 86-05-31 = 17318

See Appendix III, paragraph 6.c.(1) for 18 USC § 4205 and

Appendix IV, paragraph 3.a.(1) for 18 USC § 4206(d) parole

eligibility calculation instructions.

b. A PV term followed by a concurrent adult sentence with a later

EFT: A PV term followed by a concurrent adult sentence that has a

later EFT than the PV term shall be aggregated with the adult sentence

into a single sentence. The rate of SGT shall

P.S. 5880.30

July 16, 1993

Chapter VII, Page 47

be determined by adding the time served originally, on what has since

become a PV term, to the aggregate just determined for a total. The

rate of SGT applicable to that total shall be awarded.

Example No. VII - 41:

Sentence No. 1. Arrested on 12-21-79; remained in

continuous custody and DCB on 12-29-79 to an § 4205(a)

sentence of 4 years and 6 months; released by mandatory

release on 03-23-83 (includes 77 EGT) with 455 days

remaining to be served.

Sentence No. 1 PV term. Warrant issued on 05-06-83; warrant

executed on 05-08-83.

Sentence No. 2. Sentenced on 06-09-83 to an § 4205(a)

sentence of 8 years concurrent.

Step No. 1. Calculate the amount of time served on Sentence

No. 1 prior to release on mandatory release.

DCB of Sentence No. 1. = 79-12-29 = 14973

Presentence Time = - 8 8 Days

Comp. Date For Time Served = 79-12-21 = 14965

Mand. Rel. Date Sent. No. 1 = 83-03-23

Comp. Date For Time Served = -79-12-21

Time Served on Sent. No. 1 = 03-03-03 3 Yrs 3 Mos 3 Dys

Step No. 2. Calculate the EFT of Sentence No. 1 PV Term and

the Length of Sentence No. 1 PV Term.

DCB of Sent. No. 1 PV Term = 83-05-08 = 16199

Sentence No. 1 PV Term = + 455 455 Days

EFT of Sent. No. 1 PV Term = 84-08-04* = 16653*

DCB of Sent. No. 1 PV Term = -83-05-07*

Length of Sent. No. 1 PV Tm.= 01-02-28 1 Yr 2 Mos 28 Dys

Step No. 3. Calculate the Overlap between EFT of Sentence

No. 1 PV Term and Sentence No. 2; the Aggregate Sentence

Length; the Total Time for SGT Rate; and the SGT for the

aggregate sentence length.

DCB of Sentence No. 2 = 83-06-09

Sentence No. 2 Sentence = +08-00-00 8 Years

EFT of Sentence No. 2 = 91-06-08*

EFT of Sent. No. 1 PV Term = -84-08-04

Overlap = 06-10-04 6 Yrs 10 Mos 4 Dys

Length of PV Term = +01-02-28 1 Yr 2 Mos 28 Dys

Unconverted Sent. Length = 07-12-32

Aggregate Sentence Length = 08-01-01 8 Yrs 1 Mo 1 Dy

Time Served on Sent. No. 1 = +03-03-03 3 Yrs 3 Mo 3 Dys

Total Time for SGT Rate = 11-04-04 11 Yrs 4 Mos 4 Dys

P.S. 5880.30

July 16, 1993

Chapter VII, Page 48

SGT Rate for 11 Yrs 4 Mos 4 Dys = 10 SGT Per Mo

10 Dys SGT Per Mo x 8 Yrs 1 Mo 1 Dy = 970 Total SGT

Step No. 4. Calculate the final SRD.

Final EFT = 91-06-08 = 19152

SGT = - 970

SRD = 88-10-11 = 18182

See Appendix III, paragraph 6.c.(2) for 18 USC § 4205 and

Appendix IV, paragraph for 18 USC § 4206(d) parole

eligibility calculation instructions.

c. A PV term followed by a concurrent adult sentence with an EFT

and an SRD that are absorbed by the PV term: If the EFT and SRD of a

concurrent adult sentence are absorbed by the PV term, then the SGT

rate for the PV term shall be the the same as if the adult sentence

did not exist.

Example No. VII - 42:

Sentence No. 1. Arrested on 07-06-79; remained in

continuous custody and DCB on 07-30-79 to a § 4205(a)

sentence of 9 years; and released on parole on 09-12-82 with

2123 days remaining to serve.

Sentence No. 1 PV term. Warrant issued on 09-14-82; warrant

executed on 01-04-83.

Sentence No. 2. DCB, while serving PV term, on

07-18-85 to a § 4205(a) sentence of 2 years concurrent.

Only the computation necessary to show that Sentence No. 2

is totally absorbed by Sentence No. 1 PV term is shown.

Step No. 1. Determine the EFT and SRD of Sentence

No. 1 PV term.

DCB = 83-01-04 = 16075

Sentence No. 1 PV Term = + 2123 2123 Days

EFT = 88-10-26* = 18197*

SGT = - 558 558 Days

SRD = 87-04-17 = 17639

Step No. 2. Determine the EFT and SRD of Sentence No. 2 and

compare them to the EFT and SRD of Sentence No. 1 PV term.

DCB = 85-07-18

Sentence = +02-00-00 2 Years

EFT = 87-07-17* = 17730

SGT = - 144 144 Days

SRD = 87-02-23 = 17586

P.S. 5880.30

July 16, 1993

Chapter VII, Page 49

Both the EFT and SRD of Sentence No. 2 are absorbed within

the EFT and SRD of Sentence No. 1 PV term. As a result, the

Sentence No. 1 PV term is computed as though Sentence No. 2

does not exist and the SGT rate for the Sentence No. 1 PV

term is based on the original sentence imposed. Any

presentence time that belongs to Sentence No. 2 shall be

applied to the Sentence No. 1 PV term.

See Appendix III, paragraph 6.c.(3) for 18 USC § 4205 and

Appendix IV, paragraph 3.a.(3) for 18 USC § 4206(d) parole

eligibility calculation instructions.

d. A PV term followed by a concurrent adult sentence with an EFT

that is earlier and a SRD that is later than the PV term: Each

sentence must remain separate. Presentence time shall be applied to

each sentence to which it pertains.

Example No. VII - 43:

Sentence No. 1. Arrested on 11-05-78; remained in

continuous custody and DCB on 11-12-78 to a § 4205(a)

sentence of 3 years; released on parole on 03-21-80 with 593

days remaining to serve.

Sentence No. 1 PV term. Warrant issued 07-06-80; warrant

executed 09-12-80.

Sentence No. 2. Arrested on 08-14-80; released on bond on

08-16-80; DCB on 11-11-81 to a § 4205(a) sentence of 5

months concurrent.

Step No. 1. Calculate the EFT and SRD of Sentence No. 1 PV

term.

DCB = 80-09-12 = 15231

Sentence No. 1 PV Term = + 593 593 Days

EFT = 82-04-27* = 15823*

SGT = - 136 136 Days

SRD = 81-12-12 = 15687

Step No. 2. Calculate the EFT and SRD of Sentence

No. 2 and compare them with the EFT and SRD of Sentence No.

1 PV term.

DCB = 81-11-11

Sentence = +00-05-00 5 Months

Unconverted EFT = 81-16-10*

Original EFT = 82-04-10 = 15806

Presentence Time = - 3 3 Days

EFT = 82-04-07 = 15803

SRD = 82-04-07

P.S. 5880.30

July 16, 1993

Chapter VII, Page 50

The SRD and EFT Date of Sentence No. 2 are the same since no

SGT can be earned on the 5 month sentence. Since the EFT is

the SRD for Sentence No. 2 and falls after the SRD of, but

before, the Sentence No. 1 PV term the two sentences cannot

be aggregated and must be served separately.

e. An adult parolable sentence followed by a concurrent or

consecutive PV term with a later EFT: An adult sentence followed by a

concurrent or consecutive PV term with a later EFT shall be aggregated

into a single sentence. The rate of SGT shall be determined by adding

the time served originally on what has since become a PV term to this

aggregate for a total. The rate applicable to that total shall be

authorized.

Example No. VII - 44:

Sentence No. 1. Arrested on 08-06-78; released on bond on

08-09-78; returned to custody and DCB on 09-21-78 to an 18

USC § 4205(a) sentence of 6 years; released on parole on 03-

16-81 with 1280 days remaining to serve.

Sentence No. 2. Arrested on 05-21-83; released on bond on

05-24-83; returned to custody and DCB on 09-01-83 to an 18

USC § 4205(a) sentence of 4 years.

Sentence No. 1 PV term. Warrant issued on 10-15-83; Parole

Commission on 11-20-83 orders that the warrant be executed

upon release from Sentence No. 1 causing a the PV term to be

served consecutively to the SRD of Sentence No. 2.

Step No. 1. Calculate the time served on the original

portion of Sentence No. 1.

Paroled from Sentence No. 1 = 81-03-16

DCB Sentence No. 1 = -78-09-20*

Tentative Time Served = 02-05-24 2 Yrs 5 Mos 24 Dys

Presentence Time = +00-00-04 4 Days

Final Time Served = 02-05-28 2 Yrs 5 Mos 28 Dys

Step No. 2. Calculate the EFT and SRD of Sentence No. 2.

DCB = 83-09-01

Sentence No. 2 = +04-00-00 4 Years

Original EFT = 87-08-31* = 17775

Presentence Time = - 4 4 Days

Final EFT = 87-08-27 = 17771

SGT = - 336 336 Days

SRD = 86-09-25 = 17435

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 51

* Step No. 3. Calculate the EFT of Sentence No. 1 PV term.

Next, calculate the time difference between the four year

sentence EFT and the PV term EFT, then the aggregate

sentence, and then the total time that is considered for SGT

purposes.

DCB (Date PV Warr. Exec.) = 86-09-25 = 17435

Sentence No. 1 PV Term = + 1280 1280 Days

EFT of Sent. No. 1 PV Term = 90-03-27* = 18714* Agg. EFT

Final EFT of Sentence No. 2 = -87-08-27

Time Difference = 02-07-00

Sentence No. 2 = +04-00-00

Aggregate Sentence = 06-07-00

Sentence No. 1 Time Served = +02-05-28

Unconverted Total = 08-12-28

Total Time for SGT Rate = 09-00-28 9 Years 28 Days

SGT Rate for 9 Years 28 Days = 8 SGT Per Mo

Step No. 4. A PV term that follows a regular sentence is neither

a concurrent or a consecutive sentence situation. Therefore, it is

not necessary to consider an "overlap" as is the requirement for

concurrent sentences, nor can the PV term be added to the first

sentence as would be the practice in a normal consecutive type of

sentence calculation. To determine the "new" length of sentence after

execution of the PV warrant on the last confinement day of the

sentence just served, add the PV term (adjusted for any "street

credit") to arrive at an aggregate EFT and follow the remaining steps

shown in the example below. Any jail time credit earned on the first

sentence shall not be carried over to the "new" aggregate.

Aggregate EFT = 90-03-27

Aggregate DCB = -83-09-00*

Aggregate Sentence = 06-06-27 = 6Yrs 6Mo 27Dys

8 Days SGT Per Mo x 6 Yrs 6 Mos 27 Dys = 631 Total SGT

Aggregate EFT = 90-03-27 = 18714

SGT = - 631

Aggregate SRD = 88-07-04 = 18083 *

See Appendix III, paragraph 6.a.(6) for 18 U.S.C. § 4205 and

Appendix IV, paragraph 3.a.(2) for 18 U.S.C. § 4206(d)

parole eligibility calculation instructions.

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 52

f. An adult sentence followed by a concurrent PV term with an EFT

and a SRD that are absorbed by the adult sentence: If the EFT and SRD

of a concurrent PV term are absorbed by the adult sentence, then the

SGT rate for the adult sentence shall be the same as if the PV term

did not exist.

Each sentence shall be calculated separately as though the other

did not exist in order to make a determination as to whether the EFT

and SRD of the concurrent sentence are absorbed. No presentence time

credit shall be used to make this determination. After determining

that the concurrent sentence is absorbed, the presentence time credit

for each sentence, if any, shall be added together and applied to the

sentence that began running first.

g. An adult sentence followed by a concurrent PV term with an EFT

that is earlier and a SRD that is later than the adult sentence: Each

sentence must remain separate. Presentence time shall be applied to

each sentence to which it pertains.

Each sentence shall be calculated separately as though the other

did not exist in order to make a determination as to whether the EFT

and SRD of the concurrent sentence are absorbed. No presentence time

credit shall be used to make this determination. After determining

that the concurrent sentence is not absorbed, then the presentence

time credit for each sentence shall be applied only to the sentence to

which it pertains.

13. Special parole and supervised release terms. On October 27,

1970, the Drug Abuse Prevention and Control Act of 1970 (DAPCA), P.L.

91-513, was enacted to become effective on May 1, 1971. The DAPCA

includes a requirement that a court impose a special parole term (SPT)

for certain offenses that involve a controlled substance. An SPT is

imposed in addition to and not in lieu of the sentence imposed for

conviction of the offense. A number of other "Acts" have amended the

original DAPCA over the years and they are referenced in this chapter,

paragraph 5. and are implemented in accordance with the information

provided in Appendices IX, X, XI and XII.

Supervised release (SR) terms replaced SPT's for certain narcotic

offenses as a result of the ADAA of 1986, effective October 27, 1986.

(See this chapter, paragraph 5. for information about the time

period (October 12, 1984 to October 27, 1986) during which the courts

were unable to impose either an SPT or a SR term.)

If the court fails to impose an SPT or SR when one or the other

applies, then the procedures for resolving the problem as contained in

the Inmate Systems Management Manual, Chapter 6., Section 604,

paragraph 3.C.(3) shall be followed.

P.S. 5880.30

CN-02 July 18, 1994

Chapter VII, Page 52A

The applicability of SPT's and SR's in the sentencing scheme is

as follows:

a. Relationship to other sentence types: SPT's and SR terms cannot

be included in conjunction with sentences imposed under the provisions

of the Juvenile Justice and Delinquency Prevention Act of 1974

(JJDPA); the Federal Youth Corrections Act of 1950 (YCA); or the

Narcotic Addict Rehabilitation Act of 1966 (NARA) regardless of the

date of offense.

b. Relationship to an adult single count "split sentence" (18

U.S.C. § 3651): If required by the offense, an SPT or SR term should

be imposed upon imposition of a one count "split sentence" (18 U.S.C.

§ 3651). An SPT or SR term will become effective, however, only if

the period of probation that follows the "split sentence" is

subsequently revoked and imprisonment for the remainder, or part of

the remainder, of the original sentence is ordered into operation. If

the period of probation is successfully completed, the SPT or SR term

will be of no consequence.

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 53

c. When an SPT or SR period of supervision begins to run: If

required by the offense, an SPT or SR supervision period should be

imposed in addition to the regular term of imprisonment for the adult

sentence. An SPT or SR supervision period is separate from the

sentence to which it is attached.

* Under 18 U.S.C. § 3624(e), a ". . . term of supervised release

commences on the day the person is released from imprisonment

[emphasis added] . . ." Because of the preceding statutory language,

it is clear for an SRA sentence (offense occurred on or after November

1, 1987) that an SR term begins to run on the last day of confinement

since that last day is in fact the last day of imprisonment. For "Old

Law" sentences, the Administrative Office of the U. S. Courts and the

Parole Commission have taken the position that an SR term imposed in

connection with an "Old Law" sentence does not commence until parole

(includes mandatory release) supervision terminates. Since the Bureau

of Prisons is not responsible for implementing or enforcing the SR

term, staff should refer inmate questions about the commencement date,

or any other questions about the SR term, to the U.S. Probation

Service office that will be supervising the inmate upon release. As

to an "Old Law" sentence that has no supervision to follow (release by

expiration of sentence), the SR term will begin on the final day of

confinement.

An SPT begins to run as follows:

(1) Mandatory release (18 U.S.C. § 4164): The SPT begins to run

the day after completion of the mandatory release supervision period.

From a technical time standpoint, this means that the mandatory

release will terminate at midnight on the final day of supervision and

that the SPT commences at the exact moment in time when the next day

begins.

(2) Parole (18 U.S.C. § 4205 and 4206(d)): The SPT begins to

run the day after completion of the parole supervision period. From a

technical time standpoint, this means that the parole will terminate

at midnight on the final day of supervision and that the SPT will

commence at the exact moment in time when the next day begins.

(3) If a prisoner's mandatory release or parole is revoked

before the SPT supervision can begin, and a return to imprisonment is

required as a result, then the SPT remains to follow the violator term

unaffected and the rules in (1) and (2) above would apply anew.

(4) Sentence expiration (18 U.S.C. § 4163): For a release from

a sentence with no supervision to follow (also known as

P.S. 5880.30

CN-02, July 18, 1994

Chapter VII, Page 54

"expiration of sentence-good time" (Exp-GT), "expiration of sentence-

full term" (Exp-FT), and "minimum-expiration" (Min-Exp)), the SPT

begins to run on the day of release from confinement. This means that

the SPT supervision begins to run at that point in time of the same

day immediately following official release from the sentence just

served.

(5) Fines are processed in accordance with the program statement

on Fines and Costs.

(6) Remember, a prisoner who is returned to serve a sentence as

the result of SR revocation shall not receive SGT or EGT and is not

under the jurisdiction of the Parole Commission. A sentence received

as a result of an SR violation may not be aggregated with any sentence

that was imposed for an offense that occurred prior to November 1,

1987. An SR violator term shall, of course, be aggregated with

another SR violator term (provided the offense for the original

sentence occurred on or after October 27, 1986) or with another SRA

sentence (a sentence imposed for an offense that occurred on or after

November 1, 1987). The prisoner does, of course, receive good conduct

time under 18 U.S.C. § 3624(b) if the imprisonment time to serve is

more than one year.

(7) The same rules about the "beginning to run" point in time

for an SPT or SR as explained above apply. For example, if the first

sentence imposed is for five years and includes an SPT or SR of eight

years and a consecutive sentence of five years is imposed for a total

sentence of ten years, then the SPT or SR will begin at the expiration

of the aggregate ten year sentence, including the period of

supervision. The same rule applies to a concurrent sentence

situation, i.e., if the EFT of the concurrent sentence without an SPT

or SR is longer than the sentence with the SPT or SR, then the SPT or

SR will not begin to run until expiration of the aggregated sentence,

including any period of supervision. *

d. Calculation of an SR or SPT violator term. SR and SPT violator

terms are computed as follows.

(1) An SR violator term is computed in the same manner as

described in the Sentence Computation Manual (CCCA of 1984), Chapter

I, paragraph 3.i.

(2) The SRD for an SPT violator term shall be computed the same

as an adult violator term as described in paragraph 10. of this

chapter, with one exception. The SGT rate shall be determined by

adding the original sentence imposed to the SPT for

P.S. 5880.30

July 16, 1993

Chapter VII, Page 55

a total number of years. That combined total of the sentence plus the

SPT will determine the SGT rate. For example, if the sentence is two

years and the SPT is eight years for a total of ten years, then the

SGT rate will be ten days (18 USC § 4161). If the SPT violator is re-released and again returned as a violator, the SGT rate, in this case,

would remain at ten days per month. The two year sentence, of course,

shall be computed at the six day per month SGT rate as if the SPT term

did not exist, i.e., the possible elevated SGT rate for the SPT shall

have no effect on the basic sentence to be served.

For another example, if the first sentence imposed is for two

years with an SPT of three years and a consecutive sentence of two

years is imposed for a total sentence of four years, then the SPT

would begin to run after the four year sentence, including the period

of supervision. If the prisoner is returned as a violator of the SPT,

the SGT rate will be determined by adding the aggregate four year

sentence to the SPT of three years for a total of seven years. The

SGT rate for the seven year SPT violator term will be eight days per

month and the aggregate four year sentence will be computed at the SGT

rate of seven days per month.

18 USC § 4164 (180 day date) is not applicable to an SPT violator

term.

EGT shall be applicable to an SPT violator at the usual rates of

three days per month during the first year in an EGT earning status

and at the five day rate thereafter. Regardless of any EGT or

seniority accrued on the basic sentence, an SPT violator has no

seniority at the beginning of the violator term and must begin at the

three day rate as a first or subsequent violator.

Because the basic sentence to imprisonment and the SPT are

separate entities for sentencing purposes, the court should specify

the manner in which multiple SPT's are to be served. If the court is

silent as to how multiple SPT's terms are to be served, then they

shall be treated as running concurrently regardless of the manner in

which the multiple basic sentences were ordered to run.