BOP Program Statement 5880.30 § 15

ineligibility) under 18 USC § 4205(g). The Bureau of Prisons may

request that the court issue an order that will allow the prisoner to

become eligible for parole at an earlier time than otherwise

authorized, as provided under 18 USC § 4205(g), which states,

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July 16, 1993

Chapter VII, Page 58

"(g) At any time upon motion of the Bureau of Prisons, the

court may reduce any minimum term to the time the defendant

has served [emphasis added]. The court shall have

jurisdiction to act upon the application at any time and no

hearing shall be required."

a. Request for a minimum term reduction. As noted in § 4205(g), it

is the Bureau of Prisons that makes a request for reduction of the

minimum term (period of parole ineligibility) to the court. The

program statement on Procedures for the Implementation of 18 U.S.C. §

4205(g) sets forth the definitive procedures that the Bureau of

Prisons follows for making a determination as to whether a § 4205(g)

motion should be made to the court for a reduction of the minimum

term.

b. Implementation of a minimum term reduction. Upon receipt of an

order from the court to reduce the minimum term to "time served," the

parole eligible date will be changed to show that parole is now at the

discretion of the Parole Commission and the sentence shall be treated

as if it was imposed under the provisions of 18 USC § 4205(b)(2).

c. No 18 USC § 4205(g) motion for non-parolable offense. § 4205(g)

does not apply to any sentence that is non-parolable as the result of

the offense for which convicted.

P.S. 5880.30

July 16, 1993

Chapter VIII, Page 1

VIII FOREIGN TREATY SENTENCE

1. Background. The United States has entered into treaty agreements

with numerous countries which allow the transfer of sentenced

prisoners between countries for service of the sentence imposed in the

sending country. A citizen of a party nation, convicted and sentenced

for a crime in the United States, may be transferred to the country of

citizenship for service of the U.S. sentence and a U.S. citizen,

convicted and sentenced in that country, may be transferred to the

United States for service of the foreign sentence.

P.L. 95-144, enacted on October 28, 1977, is the implementing

legislation for the United States and is codified at 18 USC § 4100-

4115.

2. Definitions.

a. C1 Sentence. A foreign treaty sentence that has earned good

conduct time and may have earned some or no labor/work time credits in

the foreign country (C1 Country) prior to transfer to the United

States and that is entitled to earn SGT credits only on the balance of

the sentence remaining to be served in the United States (18 USC

4105(c)(1)).

b. C2 Sentence. A foreign treaty sentence that has earned no good

conduct time but may have earned some or no labor/work time credits in

the foreign country (C2 Country) prior to transfer to the United

States and that is entitled to earn SGT credits on the entire total

sentence as imposed in the foreign country (18 USC 4105 (c)(2)).

3. General instructions for a foreign treaty sentence.

a. Presentence Time Credit. Presentence time credit shall be

awarded for the time spent in custody in connection with the offense

or acts for which the sentence was imposed prior to the date of

commencement of the foreign sentence (18 USC

§ 4105(b)). This credit shall be applied to a foreign treaty sentence

the same as to a U.S. Code sentence. (See Chapter VII.)

b. Parole. Under the provisions of 18 USC § 4106(c), a transferred

prisoner is immediately eligible for parole and may be released on

parole at such time as the Parole Commission shall determine the same

as if sentenced under the provisions of 18 USC § 4205(b)(2). (See

Chapter VII, paragraph 4.c.)

The Two Thirds/Thirty Year parole eligibility provisions of 18

USC § 4206(d) shall be applied in the same manner as if the sentence

was imposed in the United States for a U.S. Code violation (see

Chapter VII, paragraph 4.e.).

P.S. 5880.30

July 16, 1993

Chapter VIII, Page 2

c. Good time credit. The good time credit to which a prisoner is

entitled, as referred to in 18 USC § 4105(c)(1) and (2), is deducted

from the sentence because of the prisoner's satisfactory conduct.

This type of good time credit is similar to statutory good time (SGT)

(18 USC § 4161).

d. Labor/work time credits. Time credits for labor, as referred to

in 18 USC § 4105(c)(1), is deducted from the sentence because of the

labor or work performed by the prisoner. This type of labor/work time

credit is similar to extra good time (EGT) (18 USC § 4162).

Labor/work time credits earned in the foreign country shall be

deducted from the SRD (also referred to as the expiration or mandatory

release date), the same as an EGT lump sum award (see Chapter XIII.).

No seniority is accrued for foreign country labor/work credits.

After transfer to the United States, all prisoners assigned to an

EGT earning status, shall begin at the three day per month rate and

must acquire one year of seniority before advancing to the five day

rate (see 18 USC § 4105(c)(3)). Future calculations for lump sum

awards shall be based on the amount of time served from the date on

which the prisoner was received in the United States from that foreign

country.

e. Rendition or remission time credits. On occasion, a foreign

treaty transfer will have earned what some foreign governments term as

"rendition" or "remission" time credits. In these cases, a

determination must be made as to whether the time credits are based on

good conduct or on labor/work performance, or both, so that the time

credits can be properly applied. Sometimes it will be clear from the

accompanying documentation as to the type of time credits involved and

sometimes not. Those cases in which a determination cannot be made as

to the type of time credits that make up the rendition or remission

time must be referred to the central office ISM Department for

assistance. The central office ISM Department consults with the

Department of Justice, Office of Enforcement Operations, in any

matters requiring communication with a foreign government.

f. Forfeiture of time credits. Under the provisions of 18 USC §

4105(c)(4), time credits earned on a foreign treaty sentence may be

forfeited and restored as follows:

"(4) All credits toward service of the sentence, other than

the credit for time in custody before sentencing, may be

forfeited as provided in section 4165 of this title and may

be restored by the Attorney General as provided in section

4166 of this title."

P.S. 5880.30

July 16, 1993

Chapter VIII, Page 3

Even though § 4105(c)(4) authorizes the forfeiture of all types

of time credits earned in the foreign country prior to transfer, the

rule established in 28 CFR § 523.10(q) (see Chapter XIII) will not

allow the Bureau of Prisons to forfeit any labor/work credits earned

in the foreign country since those credits are treated the same as an

EGT lump sum award.

To reiterate, SGT and/or good conduct time credits earned in

either the United States or a foreign country may be forfeited and

restored.

4. C1 sentence information.

a. Language in 18 USC § 4105(c)(1). Based on the language in §

4105(c)(1), all good time credits earned in the foreign country shall

carry over with the foreign sentence when the prisoner is transferred

to the United States.

"(c)(1) The transferred offender shall be entitled to all

credits for good time, for labor, or any other credit toward

the service of the sentence which had been given by the

transferring country for time served as of the time of

transfer. Subsequent to the transfer, the offender shall in

addition be entitled to credits for good time, computed on

the basis of the time remaining to be served at the time of

the transfer and at the rate provided in section 4161 of

this title for a sentence of the length of the total

sentence imposed and certified by the foreign authorities.

These credits shall be combined to provide a release date

for the offender pursuant to section 4164 of this title."

b. Computation steps. The following steps shall be followed for

the computation of a foreign treaty C1 sentence.

(1) Determine the date of the offense. (Offense must have

occurred prior to November 1, 1987.)

(2) Determine the date that the sentence was imposed.

(3) Determine the DCB (usually the date that the sentence was

imposed).

(4) Calculate a tentative EFT.

(5) Determine the presentence time credit, if any, and subtract

it from the EFT to establish a final EFT. (If the prisoner was in

presentence custody in the foreign country based on the charges that

resulted in the sentence, and the foreign country failed or refused to

apply the time, then the Bureau of Prisons must award the time. See §

4105(b).)

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July 16, 1993

Chapter VIII, Page 4

(6) Utilizing the date of arrival in the United States and the

final EFT as determined in (5) above, determine the amount of time

remaining to be served in the United States. Calculate the SGT for

that remaining portion of the sentence to be served in this country.

The SGT rate shall be based on the sentence as imposed in the foreign

country.

The formula for determining SGT for a single month, or any number

of months, is: Month(s) x rate = Days SGT.

The formula for determining SGT for a partial month is: Days x

rate ÷ 30 = Days SGT for Partial Month (fractions are dropped).

(7) Add the good conduct time earned in the foreign country to

the SGT that can be earned in the United States for a total amount of

good conduct time and then subtract that amount from the final EFT to

arrive at the original SRD.

(8) Subtract any labor/work credits from the original SRD to

arrive at a current SRD. Any future EGT earned in this country will

be subtracted from the current SRD.

5. C2 sentence information.

a. Language in 18 USC § 4105(c)(2). Based on the language in §

4105(c)(2), if the foreign country allows no good conduct time credits

then the foreign sentence shall be treated the same as a U.S. Code

sentence for SGT purposes.

"(2) If the country from which the offender is transferred

does not give credit for good time, the basis of computing

the deduction from the sentence shall be the sentence

imposed by the sentencing court and certified to be served

upon transfer, at the rate provided in section 4161 of this

title."

b. Computation. Based on § 4105(c)(2) as quoted above, the

computation of a C2 sentence is the same, in every respect, as for an

adult U.S. Code § 4205(b)(2) sentence.

Labor/work time credits earned in the foreign country shall be

treated as described in paragraph 3.d. above.

6. Sentence Aggregation. 18 USC § 4105(c)(5) states,

"Any sentence for an offense against the United States,

imposed while the transferred offender is serving the

sentence of imprisonment imposed in a foreign country, shall

be aggregated with the foreign sentence, in the same manner

as if the foreign sentence was imposed by a United States

district court for an offense against the United States."

P.S. 5880.30

July 16, 1993

Chapter VIII, Page 5

a. Aggregation of a C1 sentence with another adult sentence. For

parole purposes, the foreign treaty sentence is treated the same as if

imposed under the provisions of 18 USC

§ 4205(b)(2).

For both a concurrent or consecutive adult sentence aggregated

with a C1 sentence, the SGT rate is based on the total length of the

aggregate. The total amount of SGT to award shall be determined by

calculating the period of time between the prisoner's date of arrival

in this country and the EFT of the aggregate and then finding the

amount of SGT to award for that period (see Chapter IV, paragraph 4).

Add the SGT earned in the foreign country to the SGT that can be

earned in the United States for a total and then calculate the

sentence the same as for a regular adult sentence.

b. Aggregation of a C2 sentence with another adult sentence. For

parole purposes, the foreign treaty sentence is treated the same as if

imposed under the provisions of 18 USC § 4205(b)(2).

Since a C2 sentence is arithmetically computed the same as a U.S.

Code sentence, then aggregating such a sentence with a U.S. Code

sentence should be accomplished in the same manner as if aggregating

two or more U.S. Code sentences.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 1

IX SPLIT SENTENCE

1. Explanation of split sentence under 18 USC § 3651. A sentence on

one count imposed under § 3651 (second paragraph) may include a short

term of imprisonment and a period of probation. This type of sentence

is often referred to as a "split sentence" because a term of

imprisonment plus a period of probation can be served on one count.

This type of sentence is also known as a "741" sentence. The "741"

phrase comes from P.L. 85-741, enacted on August 23, 1958, which is

the act that added the one count "split sentence" provision to § 3651.

§ 3651 states in part,

"Upon entering a judgement of conviction of any offense not

punishable by death or life imprisonment, if the maximum

punishment provided for such offense is more than six

months, any court having jurisdiction to try offenses

against the United States, when satisfied that the ends of

justice and the best interest of the public as well as the

defendant will be served thereby, may impose a sentence in

excess of six months [emphasis added] and provide that the

defendant be confined in a jail-type institution or a

treatment institution for [emphasis added] a period not

exceeding six months [emphasis added] and that the execution

of the remainder [emphasis added] of the sentence be

suspended [emphasis added] and the defendant placed on

probation [emphasis added] for such period and upon such

terms as the court deems best."

"The period of probation, together with any extension

thereof, shall not exceed five years."

2. Purpose of one count "split sentence." Prior to the enactment of

P.L. 85-741 in August of 1958, the court could impose imprisonment or

probation after a one count conviction, but not both. This

restriction prevented the courts from exposing a "new inexperienced

offender" to the undesirable and harsh realty of imprisonment to be

followed by a period of supervision (probation) wherein the court

could monitor a defendant's community adjustment to assure a return to

a lawful member of society. As a result of P.L. 85-741, the court can

impose a short term of imprisonment to be followed by up to five years

of probation.

Technically, the provisions of the one count "split sentence"

amendment apply only to one, or single, count cases. The law on its

face, however, does not make this clear, so a "split sentence" on

individual counts within a judgment and commitment must be accepted,

i.e., each single count within a judgment and commitment could contain

a single count "split sentence." In such cases, each "split sentence"

is computed separately and may run concurrently or consecutively in

relation

P.S. 5880.30

July 16, 1993

Chapter IX, Page 2

to one another or to other sentences. A one count "split sentence"

may not be aggregated with another one count "split sentence" or with

any other sentence.

3. Multiple count "split sentence." A court may, in a multiple

count case, impose a term of imprisonment on one count, and probation

to follow in another count. This sentencing procedure, which is still

used, antedates P.L. 85-741 and is sometimes called a "split sentence"

as well. A court can, after conviction on two counts for example,

impose a term of imprisonment on one count and a period of probation

on the other count. For example, if a defendant is charged with two

separate mail theft offenses, a sentence of three years imprisonment

may be imposed on one count, to be followed by five years probation

(with suspended imposition or execution of sentence) on the second

count. The term of imprisonment in this sentence may be served

concurrently or consecutively with other sentences and may be

aggregated with other 18 USC § 4205(a), (b)(1) or (b)(2) sentences.

4. Imposition of a one count "split sentence." The statutory

requirements that the court must follow to impose a one count "split

sentence" are very specific and includes a three step process: 1) The

actual sentence for the offense must exceed six months but may not

exceed the maximum authorized for the offense. If the offense

requires a minimum term of special parole or supervised release, then

that term must be imposed at this time as well; 2) The defendant must

be ordered confined in a jail-type institution or a treatment

institution for a period not exceeding six months; and 3) the

execution of the remainder of the sentence must be suspended and the

defendant placed on probation for such period and upon such terms as

the court deems best.

To sum up, a definite overall sentence of imprisonment must be

imposed (not to exceed the maximum for the offense), a jail-type

sentence of six months or less must be required to be served, and

execution of the remainder of the overall sentence must be suspended

with a period of probation to follow. Eligibility for parole is not

authorized on this initial portion of the sentence.

Any term of special parole or supervised release will not be

"activated" at the time of release from the initial portion of the one

count "split sentence." The special parole or supervised release term

will become effective only if the probation is revoked and the

prisoner is returned to serve the balance (or something less) of the

initially imposed sentence. The special parole or supervised release

would, of course, follow the balance of sentence to be served the same

as in any other case. If the probation is successfully completed,

then the special parole or supervised release term would have no

present or future effect.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 3

As noted above, the imprisonment portion of a "split

sentence" cannot exceed six months and SGT is applicable only if the

confinement portion of the "split sentence" is exactly six months (18

USC § 4161). Any sentence less than six months is not entitled to

SGT. EGT may be awarded on a one count "split sentence" regardless

of length, provided the EGT is awarded in accordance with the program

statement on Extra Good Time (see Chapter XIII.). Presentence time is

awarded on a "split sentence."

5. Recommitment of a one count "split sentence" following revocation

of probation. A prisoner whose probation, that was a part of a one

count "split sentence," is revoked, is returned to confinement to

serve the balance of the original sentence imposed, or any part of the

original sentence imposed that the court orders. The amount of

probation that was to follow the "split sentence" has nothing to do

with the amount of time that the court may require the prisoner to

serve upon revocation of probation. The amount of time to serve on

probation has no relationship to the amount of time that may be

required to be served in confinement on the overall sentence.

Determining the balance of the sentence to be served after

revocation of probation can be difficult because of the numerous

different ways in which the various courts word the revocation of

probation order. The singular most important rule to remember is

that, in no case may the amount of time served in a "jail-type

institution" plus the amount of time that the court orders to be

served upon revocation exceed the amount of time that was originally

imposed.

A couple of presumptions can be made based on the wording in the

judgment and commitment about the length of the total sentence that

the court may impose upon revocation of probation--1) If the court,

upon revocation of probation, states that the revocation sentence is

for a specific period of time, e.g., three years, and nothing more,

then it can be presumed that the court wants the prisoner to serve

that much time in addition to the time already served; and 2) if the

court, upon revocation of probation, states that the revocation is for

a specific period of time, e.g., three years, and states further that

the prisoner is to receive credit for all time served, then it can be

presumed that the court wants the revocation sentence to include the

time already served.

Following are some examples of situations that may arise.

(1) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of five years on one count with the condition that the

prisoner spend six months in a jail-type institution and sentences the

prisoner to four years upon revocation of probation without saying

anything more, then the total length of the sentence should be

computed as four and one-half years.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 4

(2) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of five years on one count with the condition that the

prisoner spend three months in a jail-type institution and sentences

the prisoner to four years upon revocation of probation without saying

anything more, then the total length of the sentence should be

computed as four years and three months.

(3) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of five years on one count with the condition that the

prisoner spend six months in a jail-type institution and sentences the

prisoner to five years upon revocation of probation, then the total

length of the sentence should be computed as five years even though

the court did not order that credit for the initial six months served

be included in the revocation sentence. Since five years is the

maximum for the offense, that is the maximum to which the total

sentence must be limited.

(4) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of five years on one count with the condition that the

prisoner spend four months in a jail-type institution and sentences

the prisoner to four years and nine months upon revocation of

probation, then the total length of the sentence should be computed as

five years. Since five years is the maximum for the offense, that is

the maximum to which the total sentence must be limited.

(5) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of three years on one count with the condition that the

prisoner spend two months in a jail-type institution and sentences the

prisoner to three years upon revocation of probation, then the total

length of the sentence should be computed as three years. Since three

years was the initial sentence that was imposed, then the two months

served on the "split sentence" portion cannot be added to the

revocation sentence of three years.

(6) For the offense of mail theft (18 USC § 1708) the maximum

penalty is five years and/or a fine of $2,000. If the court imposes a

sentence of three years on one count with the condition that the

prisoner spend two months in a jail-type institution and sentences the

prisoner to eighteen months upon revocation of probation, then the

total length of the sentence should be computed as twenty months.

Whenever staff believe that the revocation sentence should not be

implemented exactly as ordered, or if the language in the judgment and

commitment appears to be ambiguous or unclear as to the court's

intent, then that case must be referred to the court

P.S. 5880.30

July 16, 1993

Chapter IX, Page 5

for clarification or resolution. (See the Inmate System's Manual for

the procedures to follow in communicating with a court.)

Any EGT (including accrued seniority) and presentence time that

was awarded to the initial portion of the "split sentence" shall also

be credited to the probation revocation sentence.

The time between release from the initial "split sentence"

portion part of the sentence and the resumption of the originally

imposed sentence (ordinarily the date on which probation is revoked)

shall be treated as inoperative time since the sentence was not in

operation during that interim period of time. Any time in custody,

prior to the revocation of probation, as a result of an arrest warrant

for an alleged violation of probation shall be treated the same as

presentence time credits.

The samples below will not include the inoperative time (see

Chapter V, paragraph 4.) or presentence time (see Chapter VI,

paragraph 8.) calculations since those types of calculations have been

fully demonstrated.

Example No. VIII - 1:

Split sentence. Arrested on 04-11-79; remained in

continuous custody and sentenced on 04-13-79 to 5 years, to

serve 6 months in a jail-type institution with 4 years and 6

months probation to follow; released on 09-08-79 by Exp. GT

with 2 days EGT.

Revocation sentence. Arrested on 08-06-80; remained in

continuous custody and probation revoked on 08-15-80 and

ordered to serve 4 years and 6 months under the provisions

of 18 USC § 4205(a).

Total sentence after probation revocation equals 5 years.

Split sentence.

DCB = 79-04-13

Sentence = +00-06-00 6 Months

Original EFT = 79-10-12* = 14895

Presentence Time = - 2 2 Days

Final EFT = 79-10-10 = 14893

SGT = - 30 30 Days

SRD = 79-09-10 = 14863

EGT = - 2 2 Days

SRD with EGT = 79-09-08 = 14861

P.S. 5880.30

July 16, 1993

Chapter IX, Page 6

Final computation after probation revocation.

DCB = 79-04-13

Sentence = +05-00-00 5 Years

Original EFT = 84-04-12* = 16539

Inoperative Time = + 341 341 Days

New EFT = 85-03-19 = 16880

Presentence Time = - 11 11 Days

Final EFT = 85-03-08 = 16869

SGT = - 480 480 Days

SRD = 83-11-14 = 16389

EGT From Split Sentence = - 2 2 Days

SRD with EGT = 83-11-12 = 16387

Final EFT = 85-03-08 = 16869

Less 180 Days = - 180 180 Days

180 Day Date = 84-09-09 = 16689

DCB = 79-04-13

1/3 of 5 Yrs = +01-08-00 1 Year 8 Months

Original PE Date = 80-12-12* = 15322

Inoperative Time = + 341 341 Days

Tentative PE Date = 81-11-18 = 15663

Presentence Time = - 11 11 Days

Final PE Date = 81-11-07 = 15652

DCB = 79-04-13

2/3's of 5 Years = +03-04-00 3 Years 4 Months

Original 2/3's Date = 82-08-12* = 15930

Inoperative Time = + 341 341 Days

Tentative 2/3's Date = 83-07-19 = 16271

Presentence Time = - 11 11 Days

Final 2/3's Date = 83-07-08 = 16260

Example No. VIII - 2:

Split Sentence. Arrested on 06-17-80; remained in

continuous custody and sentenced on 06-21-80 to 4 years, to

serve 6 months in a jail-type institution with 3 years and 6

months probation to follow; released on 11-13-80 by Exp. GT

with 3 days EGT.

Revocation sentence. Arrested on 03-14-81; remained in

continuous custody and probation revoked on 03-19-81 and

ordered to serve 3 years and 6 months.

Total sentence after probation revocation equals 4 years.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 7

Split sentence.

DCB = 80-06-21

Sentence = +00-06-00 6 Months

Original EFT = 80-12-20* = 15330

Presentence Time = - 4 4 Days

Final EFT = 80-12-16 = 15326

SGT = - 30 30 Days

Original SRD = 80-11-16 = 15296

EGT = - 3 3 Days

Final SRD = 80-11-13 = 15293

Final computation after probation revocation.

DCB = 80-06-21

Sentence = +04-00-00

Original EFT = 84-06-20* = 16608

Inoperative Time = + 125 125 Days

Original EFT = 84-10-23 = 16733

Presentence Time = - 9 9 Days

Final EFT = 84-10-14 = 16724

SGT = - 336 336 Days

SRD = 83-11-13 = 16388

Final EFT = 84-10-14 = 16724

Less 180 Days = - 180 180 Days

180 Day Date = 84-04-17 = 16544

DCB = 80-06-21

1/3 of 4 Years = +01-04-00 1 Year 4 Months

Original PE Date = 81-10-20* = 15634

Inoperative Time = + 125 125 Days

Tentative PE Date = 82-02-22 = 15759

Presentence Time = - 9 9 Days

Final PE Date = 82-02-13 = 15750

(There is no 2/3's date for the above sentence since it is

less than five years.)

Example No. VIII - 3:

Split sentence. Arrested on 09-14-79; released on bond 09-

29-79; returned to custody and sentenced on 10-04-79 to 5

years, to serve 3 months in a jail-type institution with 3

years probation to follow; released on 12-16-79.

Revocation sentence. Arrested on 04-07-80 and remained in

continuous custody and probation revoked on 04-10-80 and

ordered to serve 15 months.

Total sentence after probation revocation equals 18 months.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 8

Split sentence.

DCB = 79-10-04

Sentence = +00-03-00

Unconverted EFT = 79-13-03*

Original EFT = 80-01-03 = 14978

Presentence Time = - 16 16 Days

Final EFT and SRD = 79-12-18 = 14962

Final computation after probation revocation.

DCB = 79-10-04

Sentence = +01-06-00

Unconverted EFT = 80-16-03*

Original EFT = 81-04-03 = 15434

Inoperative Time = + 115 115 Days

Tentative EFT = 81-07-27 = 15549

Presentence Time = - 19 19 Days

Final EFT = 81-07-08 = 15530

SGT = - 108 108 Days

SRD = 81-03-22 = 15422

(No 180 Day Date has been calculated since only 108 SGT can

be earned on this sentence.)

DCB = 79-10-04

1/3 of 1 Year 6 Months = +00-06-00 6 Months

Unconverted PE Date = 79-16-03*

Original PE Date = 80-04-03 = 15069

Inoperative Time = + 115 115 Days

Tentative PE Date = 80-07-27 = 15184

Presentence Time = - 19 19 Days

Final PE Date = 80-07-08 = 15165

(There is no 2/3's date for the above sentence since the

sentence after revocation is less than five years.)

6. Aggregation of a one count "split sentence" revocation of

probation sentence with another sentence. After the revocation of the

probation that followed the initial portion of the one count "split

sentence," the sentence as a whole (see examples above) may then be

aggregated with other adult sentences (18 USC § 4205(a); (b)(1) and

(b)(2)). The number of different combinations of aggregations

involving a former "split sentence" and one or more other sentences

and the exact procedures to follow in the subsequent computations are

far too numerous to create an example of each situation. The examples

below demonstrate the most frequent situations that arise from

aggregations. (Consecutive sentence examples, where the second

sentence imposed is consecutive to the former one count "split

sentence," will not be shown since they are treated the same as any

other consecutive sentence aggregation.)

P.S. 5880.30

July 16, 1993

Chapter IX, Page 9

The samples below will not include the inoperative time (see

Chapter V, paragraph 4.) or presentence time (see Chapter VI,

paragraph 8.) calculations since those types of calculations have been

fully demonstrated.

Example No. VIII - 4:

Sentence No. 1 "split sentence." Arrested on 03-18-79 and

remained in continuous custody and sentenced on 06-11-79 to

2 years, to serve 6 months in a jail-type institution with 4

years and 6 months probation to follow; released on 08-17-

79.

Sentence No. 2. Arrested on 09-16-79 and remained in

continuous custody and sentenced on 12-10-79 to 2 years (18

USC § 4205(a)).

Sentence No. 1 revocation sentence. Probation revoked on

12-17-79 and sentenced to 2 years (18 USC § 4205(a)). Total

sentence after probation revocation equals 2 years.

Calculating the aggregate sentence based on the information

above requires a several step process as shown below:

Step No.1. Calculate the EFT for the Sentence No. 1

revocation sentence without presentence time.

DCB = 79-06-11

Sentence = +02-00-00 2 Years

Tentative EFT = 81-06-10* = 15502

Inoperative Time = + 121 121 Days

EFT = 81-10-09 = 15623

Step No.2. Calculate the EFT for Sentence No. 2 without

presentence time.

DCB = 79-12-10

Sentence = +02-00-00 2 Years

EFT = 81-12-09*

Step No.3. Determine Sentence No. 2 overlap of Sentence No.

1 revocation sentence and add the sentence of Sentence No. 1

revocation sentence to the overlap to learn the total

sentence length for the aggregate sentence.

Sentence No. 2 EFT = 81-12-09

Sent. No. 1 Rev. Sent. EFT = -81-10-09

Overlap = 00-02-00 2 Months

Sent. No. 1 Rev. Sent. = +02-00-00 2 Years

Aggregate Sentence = 02-02-00 2 Years 2 Months

P.S. 5880.30

July 16, 1993

Chapter IX, Page 10

Step No.4. Calculate the aggregate sentence.

Aggregate Sentence DCB = 79-06-11

Aggregate Sentence = +02-02-00 2 Years 2 Months

Original EFT = 81-08-10* = 15563

Inoperative Time = + 121 121 Days

Tentative EFT = 81-12-09 = 15684

Presentence Time = - 170 170 Days

Final EFT = 81-06-22 = 15514

SGT = - 156 156 Days

SRD = 81-01-17 = 15358

(No 180 Day Date has been calculated since only 156 SGT can

be earned on this sentence.)

Aggregate Sentence DCB = 79-06-11

1/3 of 2 Years 2 Months = +00-08-20 8 Months 20 Days

Unconverted PE Date = 79-14-31

First Conversion = 80-02-31

Original PE Date = 80-03-01* = 15036

Inoperative Time = + 121 121 Days

Tentative PE Date = 80-06-30 = 15157

Presentence Time = - 170 170 Days

Final PE Date = 80-01-12 = 14987

(There is no 2/3's date for the above aggregated sentence

since neither the aggregate nor any sentence in the

aggregate is equal to five years or more.)

Example No. VIII - 5:

Sentence No. 1 "split sentence." Arrested on 11-17-78 and

remained in continuous custody and sentenced on 03-12-79 to

2 years, to serve 180 days in a jail-type institution with 1

year probation to follow; released on 05-04-79.

Sentence No. 2. Arrested 07-20-79 and remained in

continuous custody and sentenced on 10-01-79 to 18 months

(18 USC § 4205(a)).

Sentence No. 1 revocation sentence. Probation revoked on

01-28-80 and sentenced to 2 years (18 USC § 4205(a)). Total

sentence after probation revocation equals 2 years.

Calculating the aggregate sentence based on the information

above requires a several step process as shown below:

Step No.1. Calculate the Sentence No. 1 revocation sentence

and Sentence No. 2 "standing alone" (those calculations are

not shown below). Compare the EFT's and SRD's. Note that

the EFT and SRD of Sentence No. 2 are completely absorbed

within Sentence No. 1 revocation sentence.

P.S. 5880.30

July 16, 1993

Chapter IX, Page 11

Step No.2. Since Sentence No. 2 was imposed during the

inoperative time period of Sentence No. 1 revocation

sentence, the time period during which Sentence No. 2 was in

operation (excluding any presentence time that belongs to

Sentence No. 2) when no other sentence was in operation (the

underlap period) must be determined. After the underlap has

been determined, add it to the total sentence of Sentence

No. 1 revocation sentence (2 Years) to determine the

aggregate length of the combined sentences.

Sent. No. 1 Rev. Date = 80-01-28

Sentence No. 2 DCB = -79-10-00*

Underlap = 00-03-28 3 Months 28 Days

Sent. No. 1 Rev. Sent. = +02-00-00 2 Years

Aggregate Sentence = 02-03-28 2 Yrs 3 Mos 28 Dys

Step No.3. The inoperative time for the aggregate sentence

must be based on the amount of time from release on the

"split sentence" (05-04-79) up to the date (10-01-79) that

Sentence No. 2 was imposed and began running. That period

of time (from 05-05-79 through 09-30-79) is 149 days. The

presentence time for the Sentence No. 1 revocation sentence

(from

11-17-79 through 03-11-79 = 115 days) plus the presentence

time for Sentence No. 2 (from 07-20-79 through 09-30-79 = 73

days) equals 188 days. Calculate the EFT for the aggregate

sentence.

Aggregate DCB = 79-03-12

Aggregate Sentence = +02-03-28 2 Yrs 3 Mos 28 Dys

Original EFT = 81-07-09* = 15531

Inoperative Time = + 149 149 Days

Tentative EFT = 81-12-05 = 15680

Presentence Time = - 188 188 Days

Final EFT = 81-05-31 = 15492

SGT = - 167 167 Days

SRD = 80-12-15 = 15325

(No 180 Day Date has been calculated since only 167 SGT can

be earned on this sentence.)

Aggregate Sentence DCB = 79-03-12

1/3 of 2 Yrs. 3 Mos. 28 Dys.= +00-09-09 9 Months 9 Days

Original PE Date = 79-12-20* = 14964

Inoperative Time = + 149 149 Days

Tentative PE Date = 79-07-24 = 15113

Presentence Time = - 188 188 Days

Final PE Date = 79-11-11 = 14925

(There is no 2/3's date for the above aggregated sentence

since neither the aggregate nor any sentence in the

aggregate is five years or more.)

P.S. 5880.30

July 16, 1993

Chapter IX, Page 12

Example No. VIII - 6:

Sentence No. 1 "split sentence." Arrested on 06-04-79 and

remained in continuous custody and sentenced on 06-12-79 to

3 years, to serve 6 months in a jail-type institution with 5

years probation to follow; released on 11-03-79.

Sentence No. 2. Arrested on 12-02-79 and remained in

continuous custody and sentenced on 01-09-80 to 5 years (18

USC § 4205(a)).

Sentence No. 1 revocation sentence. Probation revoked on

03-18-81 and sentenced to 2 years consecutive. Total

sentence after probation revocation equals 2 years and 6

months.

Aggregate Sentence. Determining the aggregate length of

this sentence requires simple arithmetic. The prisoner

served 6 months before the 5 year sentence was imposed and

it was not possible to aggregate the 6 months and the 5

years at that time since the probation had not yet been

revoked. After the probation was revoked and the court

ordered that 2 years consecutive be served as a result of

the probation violation, the next step is to add together

the 6 months already served, plus the subsequent 5 years,

and then the consecutive 2 years, for a total aggregate

sentence of 7 years and 6 months. The computation follows:

Step No.1. Calculate the total time to be served for the

aggregate sentence.

Sent. No. 1 "split sent." = 00-06-00 6 Months

Sentence No. 2 = 05-00-00 5 Years

Sent. No. 1 Rev. Sent. = +02-00-00 2 Years

Aggregate Sentence = 07-06-00 7 Years 6 Months

Step No.2. Calculate the aggregate sentence.

Aggregate Sentence DCB = 79-06-12

Aggregate Sentence = 07-06-00 7 Years 6 Months

Original EFT = 86-12-11* = 17512

Inoperative Time = + 66 66 Days

Tentative EFT = 87-02-15 = 17578

Presentence Time = - 46 46 Days

Final EFT = 86-12-31 = 17532

SGT = - 729 720 Days

SRD = 85-01-10 = 16812

Final EFT = 86-12-31 = 17532

Less 180 Days = - 180 180 Days

180 Day Date = 86-07-04 = 17352

P.S. 5880.30

July 16, 1993

Chapter IX, Page 13

Aggregate Sentence DCB 79-06-12

1/3 of 7 Yrs 6 Mos = +02-06-00 2 Years 6 Months

Original PE Date = 81-12-11* = 15686

Inoperative Time = + 66 66 Days

Tentative PE Date = 82-02-15 = 15752

Presentence Time = - 46 46 Days

Final PE Date = 81-12-31 = 15706

2/3 of 6 Months = 00-04-00 4 Months

2/3 of 5 Years = 03-04-00 3 Years 4 Months

2/3 of 2 Years = +01-04-00 1 Year 4 Months

Unconverted Agg. 2/3's = 04-12-00

Final Aggregate 2/3's = 05-00-00 5 Years

Aggregate DCB = +79-06-12

Original 2/3's Date = 84-06-11* = 16599

Inoperative Time = + 66 66 Days

Tentative 2/3's Date = 84-08-16 = 16665

Presentence Time = - 46 46 Days

Final 2/3's Date = 84-07-01 = 16619

P.S. 5880.30

July 16, 1993

Chapter X, Page 1

X NARCOTIC ADDICT REHABILITATION ACT OF 1966

The Narcotic Addict Rehabilitation Act of 1966 (NARA) (P.L. 89-793)

(18 USC §§ 4251-4255) became effective on November 8, 1966 for

sentences imposed on and after that date.

The arithmetic for calculating both adult and NARA sentences is the

same. A NARA sentence is implemented slightly different from an adult

sentence because of the language in NARA. Only those sections of NARA

that pertain to the manner in which a court may impose a sentence and

the manner in which that sentence must be implemented will be covered

in this manual. It is important, however, that all sections of NARA

be studied by the computation specialist for definition of terms and

to gain a knowledge of the other related provisions.

1. Examination to determine addiction under 18 USC § 4252. After

conviction for an offense, a court may order that the offender be

committed for examination to make a determination about the offender's

addiction.

§ 4252 states,

"If the court believes that an eligible offender is an

addict, it may place him in the custody of the Attorney

General for an examination to determine whether he is an

addict and is likely to be rehabilitated through treatment.

The Attorney General shall report to the court within thirty

days; or any additional period granted from the court, the

results of such examination and make any recommendations he

deems desirable. An offender shall receive full credit

towards the service of his sentence for any time spent in

custody for an examination."

The institution to which the eligible offender is committed often

times is unable to furnish the court with a report within the

statutory limit of 30 days and must request additional time. Unit

staff is responsible for completing the examination report and for

requesting additional time from the court to complete the report, if

necessary.

The examination period begins to run on the date that the

examination is ordered. Presentence time does not affect the

examination period.

2. Commitment for treatment under 18 USC § 4253. After the

examination, the court may commit the offender for treatment under the

provisions of § 4253 which states,

"(a) Following the examination provided for in section 4252,

if the court determines that an eligible offender

P.S. 5880.30

July 16, 1993

Chapter X, Page 2

is an addict and is likely to be rehabilitated through treatment,

it shall commit him to the custody of the Attorney General for

treatment under this chapter, except that no offender shall be

committed under this chapter if the Attorney General certifies

that adequate facilities or personnel for treatment are

unavailable. Such commitment shall be for an indeterminate

period of time not to exceed ten years, but in no event shall it

exceed the maximum sentence that could otherwise have been

imposed [emphasis added]."

"(b) If, following the examination provided for in section

4252, the court determines that an eligible offender is not

an addict, or is an addict not likely to be rehabilitated

through treatment, it shall impose such other sentence as

may be authorized or required by law."

There is nothing in this section which prohibits a court from

ordering commitment for an indeterminate period of time less than ten

years for an offense which authorizes a maximum term of ten or more

years. There also is nothing in the section which prohibits the court

from ordering commitment for an indeterminate period of time less than

the maximum sentence which could be imposed under ten years. It is

the Bureau of Prisons' position, however, supported by a number of

courts, that the commitment under § 4253 should be for ten years or

the maximum sentence authorized for the offense, whichever is less. A

NARA sentence that is not imposed in accordance with the Bureau of

Prisons' interpretation of this section should be referred to the

Regional Inmate Systems Manager for consultation.

All time in custody after the date of arrest to the date of the §

4252 order shall be treated as presentence time. If the offender is

eventually sentenced under the provisions of

§ 4253, or any other authorized sentencing provision, the time served

under the § 4252 commitment shall be computed as time served on the

sentence. SGT is awarded in the same manner as for an adult sentence

(see Chapter IV).

The EFT shall be extended by inoperative time the same as for an

adult sentence (see Chapter V) with the exception of a prisoner who is

returned as a "conditional release" violator (hereinafter called

"parole violator"), which is discussed in more detail below.

3. Conditional Release under 18 USC § 4254. An offender who is

sentenced under the provisions of § 4253 may be paroled (conditionally

released) by the Parole Commission in its discretion after six months

of treatment as provided for in

§ 4254, which states,

P.S. 5880.30

July 16, 1993

Chapter X, Page 3

"An offender committed under section 4253(a) may not be

conditionally released until he has been treated for six

months following such commitment in an institution

maintained or approved by the Attorney General for

treatment. The Attorney General may then or at any time

thereafter report to the Board of Parole whether the

offender should be conditionally released under supervision.

After receipt of the Attorney General's report, and

certification from the Surgeon General of the Public Health

Service that the offender has made sufficient progress to

warrant his conditional release under supervision, the Board

may in its discretion order such a release. In determining

suitability for release, the Board may make any

investigation it deems necessary. If the Board does not

conditionally release the offender, or if a conditional

release is revoked, the Board may thereafter grant a release

on receipt of a further report from the Attorney General."

An eligible offender, as stated in § 4254, must receive treatment

for at least six months before becoming eligible for parole.

Presentence time and time undergoing examination (18 USC § 4252) do

not affect the date upon which the offender becomes eligible for

parole. The six months is computed from the date the § 4253 sentence

is imposed, providing the sentence is in operation at that time. (See

28 CFR § 2.3.) Application for parole must be made in accordance with

28 CFR § 2.11.

The parole "eligible" date shall be extended by inoperative time

the same as for an adult sentence, providing the inoperative time

begins prior to the parole eligible date (see Chapter V).

4. Two-thirds/thirty year date under 18 USC § 4206(d). The

provisions of § 4206(d) pertains to a NARA sentence the same as for an

adult sentence. See Chapter VII, paragraph 4.e. for complete

instructions for implementation of this section.

5. Weekend/holiday release. The same rules that apply to an adult

sentence apply to a NARA sentence for a weekend/holiday release (see

Chapter VII, paragraph 3.c.).

6. Supervision in the community under 18 USC § 4255.

§ 4255 states in part,

"An offender who has been conditionally released [emphasis

added] shall be under the jurisdiction of the United States

Parole Commission as if on parole [emphasis added], pursuant

to chapter 311 of this title."

P.S. 5880.30

July 16, 1993

Chapter X, Page 4

Regardless of the length of the sentence imposed and based on the

underlined language in § 4253 above, it is the Bureau of Prisons'

interpretation of that provision that the offender has to serve no

longer than the total sentence imposed, including presentence and

examination time. As a result, if a prisoner is recommitted as a

parole violator for a violation of the conditional release, then the

prisoner cannot be required to serve beyond the original EFT date,

i.e., the prisoner receives credit for all "street time" (see 28 CFR

§§ 2.47(e)(2) and 2.52(d)(1)). If the prisoner absconds, however,

during the supervision period in the community, then the EFT date can

be extended by the amount of absconder time as determined by the

Parole Commission (see 28 CFR § 2.40(j)).

It is the Bureau of Prison's interpretation of the intent of NARA

that that much of 18 USC § 4164 that pertains to an early release from

parole supervision of one hundred and eighty days does not apply to a

NARA sentence since the primary purpose of the Act is to provide a

continuum of treatment that begins in the institution and continues

throughout the remainder of the sentence that is served in the

community (see 18 USC

§ 4151(c)). To shorten that period of treatment by one hundred and

eighty days would not conform to the purpose or intent of NARA. In

addition, if a prisoner earned less than one hundred and eighty days

of good time prior to release, then the provisions of § 4164, if

followed, would preclude any treatment at all in the community after

release.

7. Summary of NARA provisions. The following information is

provided as a summary of the various NARA provisions.

a. Eligible offender (18 USC(f)(3). An offender against whom there

is a pending charge is ordinarily not eligible for sentencing under

NARA (see 18 USC § 4251(f)(3)). If a detainer, federal or state, is

received, the RISA must be contacted for consultation purposes.

b. Presentence time on a NARA sentence. Presentence time (see

Chapter VI) applies to a NARA sentence the same as for any other

sentence except that it does not reduce the parole eligible date or

examination period.

c. Examination (18 USC § 4252). The examination period is thirty

days and begins to run on the date of the examination order unless the

court delays implementation of the order. Additional examination time

may be requested from the court. Presentence time does not apply to

the examination period.

d. Sentence (18 USC § 4253). The maximum sentence cannot exceed

ten years or the maximum term of the offended statute. The sentence

imposed must be for the maximum allowable.

P.S. 5880.30

July 16, 1993

Chapter X, Page 5

e. Parole (18 USC § 4254). The prisoner becomes eligible for

parole after six months from the date that the NARA sentence is

imposed. Presentence time does not reduce the six months.

f. Mandatory release (18 USC § 4164). If not paroled by the Parole

Commission, the prisoner shall be released as if on parole by

operation of good time calculated in the same manner as if an adult

prisoner except that the one hundred and eighty day early release from

supervision does not apply. Therefore, every release by operation of

good time shall be treated as if released on parole regardless of the

amount of time remaining to be served.

g. Inoperative time. Inoperative time applies to a NARA sentence

the same as for an adult prisoner (see Chapter V).

h. Parole violation (18 USC § 4255). A NARA prisoner under parole

supervision is treated the same as an adult prisoner, except that a

parole violator does receive credit for all "street time," i.e., the

EFT cannot be extended as a result of a parole violation, except as

noted in "i." below.

i. Absconding during parole supervision. Absconding from parole

supervision does interrupt the running of the sentence during the time

that the parolee is in an absconder status.

j. Aggregation. A NARA sentence may not be aggregated with another

NARA sentence or with any other sentence.

8. The Duvall Case--Operations Memorandum 71-80, Time Credit for

NARA Sentences Served at FCI, Danbury, dated March 13, 1980.

Operations Memorandum 71-80, which pertained to the case of Duvall v.

Carlson (United States District Court for the District of Connecticut

(Civil No. N-77-234) had a cancellation date of December 31, 1980.

The order of the court in this case, however, remains in effect and

shall be applied to any prisoner to which it applies at any time in

the future regardless of the operations memorandum cancellation date.

a. Purpose of the Duvall suit. In 1978, Duvall, a former prisoner

at FCI-Danbury, brought a petition for a writ of habeas corpus and

civil rights complaint against the Bureau of Prisons alleging that,

from December 1, 1975 until August 24, 1978, inmates sentenced under

the provisions of NARA were not afforded drug treatment as required by

the NARA statute.

b. The Duvall agreement. The Duvall case was settled between the

plaintiffs and the Bureau of Prisons according to an agreement made

effective by order of the court on February 4, 1980. The settlement

agreement provided that any prisoner who served any part of a NARA

sentence at FCI-Danbury between December 1, 1975 and August 24, 1978

would receive one day of time credit for each day served at Danbury.

This time credit is

P.S. 5880.30

July 16, 1993

Chapter X, Page 6

to be deducted from the end date (EFT) of the NARA sentence if, and

only when, the prisoner is released from prison, and the time credit

deducted is not to exceed the amount of time remaining to be served on

the NARA sentence.

c. Impact of implementation of the Duvall agreement. Actual

implementation of the Duvall agreement has an impact only on the

amount of time remaining to be served in the community under

supervision, which determination is made at the time the prisoner is

released from imprisonment. If the prisoner is in the community under

NARA supervision at the time the discovery is made that entitlement to

the time credit is authorized, then the remainder of the supervision

time shall be reduced accordingly.

d. Implementing the Duvall agreement. The case of any NARA

prisoner who may have been confined at FCI-Danbury between December 1,

1975 and August 24, 1978 and who may not have been awarded Duvall time

credits, shall be referred to the Chief of Inmate Systems at FCI-Danbury for verification and resolution.

No NARA sentencing examples are shown below since all the

calculation procedures necessary to calculate a NARA sentence have

been fully explained and demonstrated in other parts of this manual.

P.S. 5880.30

July 16, 1993

Chapter XI, Page 1

XI FEDERAL YOUTH CORRECTION ACT OF 1950

The Federal Youth Correction Act (YCA) (18 USC §§ 5005-5026) was

enacted in 1950 and amended in 1970 (P.L. 94-233). Only those

sections of the YCA (including 18 USC § 4216, which pertains to young

adult offenders) affecting sentence computation will be discussed. It

is necessary, however, that all sections of the YCA be studied to gain

a knowledge of the other related provisions.

1. Definitions under 18 USC § 5006. The following terms are used

throughout the various statutory provisions pertaining to youth and

young adult offenders and knowing the definitions are necessary to

understand the sentences that may be imposed.

"(a) 'Commission' means the United States Parole Commission;

(b) 'Bureau' means the Bureau of Prisons;

(c) 'Director' means the Director of the Bureau of prisons;

(d) 'youth offender' means a person under the age of Twenty-two years at the time of conviction;

(e) 'committed youth offender' is one committed for

treatment hereunder to the custody of the Attorney General

pursuant to sections 5010(b) and 5010(c) of this chapter;

(f) 'treatment' means corrective and preventive guidance and

training designed to protect the public by correcting the

antisocial tendencies of youth offenders; and (g)

'conviction' means the judgment on a verdict or finding of

guilty, or a plea of nolo contendere."

2. Young adult offender under 18 USC § 4216. A young adult offender

is defined as follows.

"In the case of a defendant who has attained his twenty-second birthday but has not attained his twenty-sixth

birthday at the time of conviction, if, after taking into

consideration the previous record of the defendant as to

delinquency and criminal experience, his social background,

capabilities, mental and physical health, and such other

factors as may be considered pertinent, the court finds that

there are reasonable grounds to believe that the defendant

will benefit from the treatment provided under the Federal

Youth Corrections Act (18 U.S.C., chap. 402) sentence may be

imposed pursuant to such provisions of the act."

P.S. 5880.30

July 16, 1993

Chapter XI, Page 2

As to a young adult offender, it is necessary to point out that

the YCA sentencing provisions are not available if a young adult is

convicted of an offense which requires imposition of a mandatory

penalty such as required for a violation of certain narcotic laws and

violation of 18 USC §§ 2113(e) and 2114. (See paragraph 7, P.L. 85-

752, codified as a note to 28 USC § 334. Also see United States v.

Lane, 284 F. 2nd, 935, 9th Cir. 1960.) A mandatory penalty offense is

one in which the imposition or execution of the sentence may not be

suspended, probation may not be granted and parole is precluded.

3. Beginning date or DCB of a YCA sentence. The term "conviction,"

as defined in paragraph 1. above, is the key word in establishing the

DCB of a YCA sentence and, as used in reference to a YCA sentence,

means the date the judgment or sentence is imposed. If a stay of

execution (release pending appeal or for personal/business matters) is

granted on the date that the sentence is imposed, then the date on

which the stay of execution terminates, provided the defendant is

returned to custody on that date, will be the DCB (date on which the

sentence begins to run).

A YCA sentence imposed while the offender is under the jurisdiction of

a federal writ of habeas corpus ad prosequendum or the Interstate

Agreement on Detainers from a non-federal authority shall be treated

the same as if in federal custody, i.e., the sentence shall be

calculated as beginning on the date that the YCA sentence was imposed

and shall continue to run as long as the offender is in the continuous

custody of any federal or non-federal law enforcement agency.

4. Inoperative time on a YCA sentence. Inoperative time shall be

applied to a YCA sentence in accordance with Chapter V., with one

exception. A prisoner who has been paroled from a YCA sentence

receives credit for all "street time" if parole is revoked (see 28 CFR

§§ 2.47(e)(2) and 2.52(d)(1)) but does

not receive credit for any time, after release on parole, that was

spent in an absconder status (see 28 CFR § 2.40(j)) as determined by

the Parole Commission.

A prisoner who is granted probation under the provisions of §

5010(a) ordinarily receives credit for the time under supervision

toward service of the total YCA sentence that may be imposed as the

result of probation violation unless the prisoner absconds from

probation supervision in which case the YCA sentence would be

inoperative during the time in absconder status, as determined by the

court that revoked the probation. If the court, however, placed the

prisoner on probation without making a determination that the

defendant was a youth or young adult offender and subsequently imposed

a YCA sentence as a result of a probation violation, then none of the

time under probation supervision counts toward service of the YCA

sentence.

P.S. 5880.30

July 16, 1993

Chapter XI, Page 3

5. Presentence time on a YCA sentence. Presentence time shall be

applied to a YCA sentence in accordance with Chapter VI, i.e., it

shall be deducted from the EFT and mandatory conditional (parole)

release date.

6. Effect of statutory good time and extra good time on a YCA

sentence. The YCA does not provide for, or authorize, the awarding of

SGT or EGT for a YCA sentence and, therefore, a YCA sentence does not

earn either SGT or EGT. (See paragraphs 17. and 18. below for

exceptions.)

7. Probation under 18 USC § 5010(a). § 5010(a) allows the court to

impose a period of probation for a youth or young adult offender and

states,

"(a) If the court is of the opinion that the youth offender

does not need commitment, it may suspend the imposition or

execution of sentence and place the youth offender on

probation."

This section is self-explanatory and allows the court to grant

probation in accordance with §§ 3651 and 3653 when either a § 5010(b)

or (c) sentence is imposed. The court may also impose sentence under

the one count "split sentence" provisions of § 3651.

If the probation is later revoked and the offender ordered

committed then all time under probation supervision will count as time

served on the sentence, i.e., computed uninterruptedly from the date

of conviction. This same rule also applies if the court imposed a YCA

split sentence (i.e., orders a YCA § 5010(b) or (c) sentence, requires

that six months or less be served in a jail-type institution and

suspends execution of the balance of the sentence, with a period of

probation to follow). No SGT or EGT is authorized for a YCA split

sentence nor is the prisoner eligible for parole.

On occasion, a prisoner will have been sentenced under a §

5010(b) split sentence and will have been under probation supervision

for four years or longer at the time probation is revoked, in which

case the prisoner must be immediately released under conditional

(parole) release and placed under the supervision of the Parole

Commission. The Parole Commission must be immediately notified when

this situation occurs so that a parole certificate can be issued and

sent to the appropriate probation officer for execution.

As stated in paragraph 4. above, if the prisoner absconds from

probation supervision, and the sentence was imposed under the

provisions of § 5010(a), then the sentence will be inoperative during

the time in absconder status, as determined by the court that revoked

the probation. If the court, however,

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Chapter XI, Page 4

placed the prisoner on probation without making a determination that

the defendant was a youth or young adult offender and subsequently

imposed a YCA sentence as a result of a probation violation, then none

of the time under probation supervision counts toward service of the

YCA sentence.

8. Sentence under 18 USC § 5010(b). § 5010(b) allows a court to

impose a sentence under the YCA and states,

"(b) If the court shall find that a convicted person is a

youth offender, and the offense is punishable by

imprisonment under applicable provisions of law other than

this subsection, the court may, in lieu of the penalty of

imprisonment otherwise provided by law, sentence the youth

offender to the custody of the Attorney General for

treatment and supervision pursuant to this chapter until

discharged by the Commission as provided in section 5017(c)

of this chapter; . . ."

18 USC § 5017(c) states,

"(c) A youth offender committed under section 5010(b) of

this chapter shall be released conditionally under

supervision on or before the expiration of four years from

the date of his conviction and shall be discharged

unconditionally on or before six years from the date of his

conviction."

When the court imposes a sentence under § 5010(b) it is called an

"indeterminate sentence of four to six years" because of the language

in § 5017 that refers to the time frames of four years and six years.

The EFT of a § 5010(b) sentence is calculated in the same manner

as an adult sentence (see Chapter VII, Example Nos. VII - 1 through

VII - 10 and VII - 26 through VII - 31). The SRD, based on the

minimum term of four years, is also calculated the same as an adult

EFT (i.e., DCB plus four years and adjusted for any presentence or

inoperative time) since no good time can be accrued on a YCA sentence.

§ 5010(b) may also be used in connection with a grant of

probation under the "split sentence" provisions of 18 USC § 3651 as

described in paragraph 7. above.

9. Sentence less than six years under 18 USC § 5010(b). Whenever a

court imposes a sentence under § 5010(b), the judgment and commitment

is usually silent as to the four to six year term of the sentence

since the language in the statute itself is clear as to the sentence

term. On occasion, however, a court will impose a sentence of less

than six years under § 5010(b). The Bureau of Prisons considers a

sentence of less than six years

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July 16, 1993

Chapter XI, Page 5

under the YCA to be improper but at least one court does impose that

type of sentence and, as a result, the following procedures shall be

followed when a sentence, under the YCA, of less than six years is

imposed.

a. Letter to United States Attorney and follow-up procedure. ISM

staff shall prepare, for the warden's signature, a letter to the

United States Attorney for the sentencing district as shown in the

draft letter in Appendix VI. It is intended that the letter will

cause the United States Attorney to approach the court with the

concerns raised by the Bureau of Prisons and that the court will then

take appropriate corrective action. If no answer is received within

thirty days, then a follow-up letter shall be sent to the United

States Attorney. A copy of the letter (or letters) shall be sent to

the Regional Inmate Systems Manager.

b. Computation instructions for a YCA sentence of less than six

years. If no response to the second letter is received after thirty

days, or if the sentencing court refuses to take corrective action,

then the sentence shall be computed as follows:

(1) If the term specified by the court is four years or less,

compute the sentence without a mandatory parole (four year) date. The

EFT shall be modified for any presentence time credit or inoperative

time and the resulting date will be the date on which the prisoner

must be released. For this computation, this release date shall be

considered both the SRD and the EFT.

(2) If the term specified by the court is more than four years

but is less than six years, establish a mandatory parole (four year)

date at four years from the DCB, adjusted for presentence time and

inoperative time, if any. The EFT shall be based on the length of the

sentence imposed by the court, also adjusted for both presentence time

and inoperative time, if any.

c. Affect of statutory and extra good time on a YCA sentence of

less than six years. Statutory and extra good time (18 USC §§ 4161

and 4162) shall not be applied to these commitments as release

procedures for a YCA sentence are governed by 18 USC § 5017. (See

paragraphs 17. and 18. for exceptions.)

10. Sentence under 18 USC § 5010(c). § 5010(c) allows a court to

impose a sentence under the YCA and states,

"(c) If the court shall find that the youth offender may not

be able to derive maximum benefit from treatment by the

Commission prior to the expiration of six years from the

date of conviction it may, in lieu of the penalty of imprisonment otherwise provided by law, sentence the youth

offender to the custody of the

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July 16, 1993

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Attorney General for treatment and supervision pursuant to this

chapter for any further period that may be authorized by law for

the offense or offenses of which he stands convicted or until

discharged by the Commission as provided in section 5017(d) of

this chapter."

18 USC 5017(d) states in part,

"(d) A youth offender committed under section 5010(c) of

this chapter shall be released conditionally under

supervision not later than two years before the expiration

of the term imposed by the court."

a. Implementation of 18 USC § 5010(c) and (d). When the court

imposes a sentence under § 5010(c) of the YCA, it must impose a

definite term of imprisonment exceeding six years but within the limit

of the maximum authorized by the offended statute. If the maximum

penalty for the offense which could be imposed is twenty years, then

the court could impose a sentence of twenty years or a lesser

sentence, provided that the lesser sentence exceeds six years. The

mandatory conditional (parole) release date, under § 5017(c) is

established at exactly two years less than the term imposed.

b. Calculation of the EFT for an 18 USC § 5010(c) sentence. The

EFT of a § 5010(c) sentence is calculated in the same manner as an

adult sentence (see Chapter VII, Example Nos. VII - 1 through VII - 10

and VII - 26 through VII - 31).

c. Calculation of the SRD for an 18 USC § 5010(c) sentence.

Because of the language in § 5010(c) that states that the offender

shall be released not later than "two years before" the EFT, the two

years must be subtracted from the EFT to establish the SRD (mandatory

conditional (parole) release date) rather than following the

conventional method of calculating time by adding the minimum term to

the EFT. The resulting SRD could actually be different by one day

depending on the method used, thereby requiring that the "two years

before" language be precisely followed. For example, if a § 5010(c)

sentence of five to seven years has a DCB of March 1, 1979 and the

minimum term of five years is added to the DCB then the SRD would be

February 29, 1984 (a leap year). If the "two years before" time

period is subtracted from the previously established EFT (seven years

added to the DCB), then the SRD would be February 28, 1984.

§ 5010(c) may also be used in connection with a grant of

probation under the "split sentence" provisions of 18 USC § 3651 as

described in paragraph 7. above.

11. Two-thirds/thirty year date under 18 USC § 4206(d). The

provisions of § 4206(d) pertain to a youth or young adult sentence the

same as for an adult sentence. See Chapter VII, paragraph e. for

complete instructions for implementation of this section.

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12. Release (parole) of a youth or young adult offender under 18 USC

5017(a) and weekend/holiday release. If a youth or young adult

offender wishes to be released conditionally (paroled) under

supervision prior to the mandatory conditional (parole) release date

(two years before the EFT), then the offender must make application

for parole in accordance with 28 CFR § 2.11.

If the Parole Commission does not parole the prisoner prior to the

mandatory conditional (parole) release date, then the prisoner shall

be paroled on that date. In this case, there is no statutory

authority to release the prisoner any earlier than the conditional

release date, even if that date falls on a Saturday, Sunday or

holiday. If, however, the Parole Commission acts to grant parole on

the conditional release date or on a date earlier than the conditional

release date and such date falls on a weekend or holiday, then the

provisions of 28 CFR § 2.29(c) may be applied as stated below:

"(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."

18 USC § 4164, Released prisoner as parolee, is not applicable to

YCA sentences in any respect.

13. Sentence under 18 USC § 5010(d). § 5010(d) authorizes the court

to sentence a youth offender under other sentencing provisions and

states,

"(d) If the court shall find that the youth offender will

not derive benefit from treatment under subsection (b) or

(c), then the court may sentence the youth offender under

any other applicable penalty provision."

When the court becomes convinced that treatment under the

provisions of § 5010(b) or (c) will not accomplish the intended

purpose, it may then sentence the offender under other sentencing

provisions. If this occurs, the sentence imposed will be computed in

accordance with the statute involved. Such a sentence is not under

the provisions of the YCA and does not receive the special YCA

"treatment" or other benefits, such as setting aside the conviction

under § 5021.

14. Observation and study under 18 USC § 5010(e). The court, in

making a determination as to whether commitment under the YCA is

appropriate, may commit the youth or young adult offender under the

provisions of § 5010(e) which states,

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"(e) If the court desires additional information as to

whether a youth offender will derive benefit from treatment

under subsections (b) or (c) it may order that he be

committed to the custody of the Attorney General for

observation and study at an appropriate classification

center or agency. Within sixty days from the date of the

order, or such additional period as the court may grant, the

Commission shall report to the court its findings."

§ 5010(e) is the observation and study section of the YCA and

allows the court to obtain more information about the prisoner prior

to making a determination as to whether the YCA provides the

appropriate sentencing alternatives. Presentence time does not affect

this period of time. All time undergoing study and observation under

this section shall be counted as time served on any sentence

subsequently imposed.

The program statement, Study and Observation Report, provides

staff with the instructions for producing the report as requested by

the court.

15. Revocation of parole under 18 USC §§ 5018 and 5020. The Parole

Commission may revoke the parole of a YCA parolee and § 5018 states,

"The Commission may revoke or modify any of its previous

orders respecting a committed youth offender except an order

of unconditional discharge."

§ 5020 states,

"If, at any time before the unconditional discharge of a

committed youth offender, the Commission is of the opinion

that such youth offender will be benefited by further

treatment in an institution or other facility the Commission

may direct his return to custody or if necessary may issue a

warrant for the apprehension and return to custody of such

youthful offender and cause such warrant to be executed by a

United States probation officer, an appointed supervisory

agent, a United States Marshal, or any officer of a penal or

correctional institution. Upon return to custody, such

youth offender shall be given a revocation hearing by the

Commission."

If the offender returns as a violator he must serve to the

original EFT of the sentence unless, of course, the offender is

released by an action of the Parole Commission. If the Parole

Commission does reparole the offender, then parole supervision

continues to the original EFT unless an unconditional discharge is

issued as provided in 18 USC § 5021 which states,

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"(a) Upon the unconditional discharge by the Commission of a

committed youth offender before the expiration of the

maximum sentence imposed upon him, the conviction shall be

automatically set aside and the Commission shall issue to

the youth offender a certificate to that effect."

No calculation examples are shown for YCA sentences since no good

time can be earned and since only two dates need to be known--the SRD

and the EFT.