BOP Program Statement 5880.30 § 18

Appeals, in the case of Lewis v. Attorney General, No. 88-5515,

decided that a YCA inmate was entitled to receive SGT on the YCA term

beginning on the date that an adult consecutive sentence (extended by

the Bureau of Prisons to also cover a concurrent adult sentence) was

imposed and running to the EFT of the YCA sentence. The YCA sentence

shall be entitled to SGT/EGT credits regardless of the length of the

adult sentence imposed.

A Lewis sentence or parole revocation term shall not be aggregated

with the adult sentence that caused it to become a Lewis sentence or

parole revocation term nor shall it be aggregated with another Lewis

sentence or any other sentence, including another YCA sentence.

YCA DC Code Lewis offenders or parole violators shall be referred to

the D.C. Department of Corrections for computation of the sentence or

violator term. Likewise, the D.C. Code offender or parole violator

who questions a Lewis computation shall be referred to the D.C.

Department of Corrections for an explanation or correction of the

computation.

P.S. 5880.30

July 16, 1993

Chapter XI, Page 20

The SGT rate is based on the amount of time to which the SGT applies

and not on the maximum length of the YCA sentence or the adult

sentence.

Unlike a Johnson case, the EFT of the YCA sentence in a Lewis case

does not change when the SGT is applied. Regardless of how the Lewis

inmate is released (i.e., on regular parole, mandatory parole or

parole as a result of the SGT), the inmate remains under the

jurisdiction of the Parole Commission until the EFT, as originally

calculated for the YCA sentence, is reached (the one hundred and

eighty day provision of 18 USC § 4164 does not apply), unless the

Parole Commission unconditionally discharges him on an earlier date

(18 USC § 5017(b) and 28 CFR § 2.43(a)(2)).

EGT shall be applied to a Lewis sentence the same as for an adult

sentence.

If a Lewis inmate is paroled by action of the Parole Commission, or on

the mandatory parole date, prior to reaching the date established by

the application of SGT/EGT, then, like an adult sentence, the SGT/EGT

has no effect on this initial portion of the sentence or on a

subsequent parole violation term (see 28 CFR § 2.35(b)).

If a Lewis inmate is not paroled prior to reaching the date

established by the application of SGT/EGT, then he shall be released

on that date on parole and will remain on parole supervision until the

EFT as originally established.

a. Definition of a Lewis inmate. Regardless of institution

location, any YCA inmate who has received a concurrent or consecutive

adult sentence is a Lewis inmate and any YCA inmate who receives a

future concurrent or consecutive adult sentence becomes a Lewis

inmate.

b. Calculation of Lewis time. Lewis time is determined by

subtracting the date on which the adult sentence was imposed from the

EFT of the YCA sentence. For example, if a YCA 5010(c) sentence of

twelve to fourteen years was imposed on May 25, 1983 and the adult

sentence was imposed on June 15, 1983, and the EFT of the YCA sentence

is May 24, 1997, then the Lewis time would equal thirteen years,

eleven months and ten days (05-24-97 minus 06-15-83 = 13 years, 11

months and 10 days). (See Example No. XI-5 below.)

c. Calculation of Lewis SGT rate and the amount of SGT to award.

As noted in paragraph 17. above, the SGT rate is determined based on

the amount of Lewis time that has been determined. In subparagraph b.

above, the Lewis time example equals a period of time that is ten

years and more and, therefore, the SGT rate, relying on 18 USC § 4161

(see Chapter IV, paragraph 1.), is ten days per month.

P.S. 5880.30

July 16, 1993

Chapter XI, Page 21

After the SGT rate has been established, then the amount of SGT

to award is based on the same formula as discussed and demonstrated in

Chapter IV and Example Nos. IV - 1 and IV - 2. Another example

follows.

Example No. XI - 5:

Sentenced as a 5010(c) to 12 to 14 years on 05-25-83 (EFT is

05-24-97); sentenced as an adult on 06-15-83.

Step No. 1. Determine the Lewis time.

5010(c) EFT = 97-05-24

Adult DCB = -83-06-14*

Lewis Time = 13-11-10 13 Yrs 11 Mos 10 Dys

Step No. 2. Determine the SGT rate and the total SGT to

award on the 5010(c) Lewis sentence.

13 Yrs 11 Mos 10 Dys = 167 Mos 10 Dys

167 Mos 10 Dys x 10 Dys SGT Per Mo = 1673 Total SGT

d. Calculation of a Lewis parole revocation term. The days

remaining to be served on a Lewis parole revocation term shall be

based on the "Notice of Action" issued by the Parole Commission. The

revocation term shall receive SGT the same as an adult parole violator

and may receive EGT. (The SGT rate shall be the same rate prior to

parole.) The one hundred and eighty day provision of 18 USC § 4164

does not apply.

P.S. 5880.30

July 16, 1993

Chapter XII, Page 1

XII JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA)

(P.L. 93-415, 18 USC §§ 5031-5042) was enacted on September 7, 1974

and only those sections, or part of a section, that affects sentence

computation will be discussed. It is necessary, however, that all

sections of the act be studied to gain a knowledge of the other

related provisions.

1. Definitions under 18 USC § 5031. The following terms are used

throughout the various statutory provisions of the JJDPA and knowing

the meaning of the terms is necessary to understand a sentence that

may be imposed under those provisions.

"For the purposes of this chapter, a 'juvenile' is a person

who has not attained his eighteenth birthday, or for the

purpose of proceedings and disposition under this chapter

for an alleged act of juvenile delinquency, a person who has

not attained his twenty-first birthday, and <juvenile

delinquency’ is the violation of a law of the United States

committed by a person prior to his eighteenth birthday which

would have been a crime if committed by an adult."

This section (§ 5031), stated in another way, means that if a

person commits a criminal act prior to age eighteen, that person may

be proceeded against as a juvenile up to, but not including, the

twenty-first birthday.

2. Dispositional hearing under 18 USC § 5037(b). If the court finds

that a juvenile is delinquent, a number of commitment options become

available under the provisions of § 5037(b) which states,

"(b) The court may suspend the adjudication of delinquency

or the disposition of the delinquent on such conditions as

it deems proper, place him on probation, or commit him to

the custody of the Attorney General. Probation, commitment

or commitment in accordance with subsection (c) shall not

extend beyond the juvenile's twenty-first birthday or the

maximum term which could have been imposed on an adult

convicted of the same offense, whichever is sooner, unless

the juvenile has attained his nineteenth birthday at the

time of disposition, in which case probation, commitment, or

commitment in accordance with subsection (c) shall not

exceed the lesser of two years or the maximum term which

could have been imposed on an adult convicted of the same

offense."

P.S. 5880.30

July 16, 1993

Chapter XII, Page 2

Based on the above language in § 5037(b), the court, depending on

the age of the juvenile at the time of disposition, has the following

options:

a. Under age nineteen at the time of the dispositional hearing. At

the time of the dispositional hearing (sentencing), the court may

consider the following options. (In any case, the penalty imposed may

not exceed the maximum term which could be imposed for an adult.)

(1) Place on probation under the provisions 18 USC § 3651 to age

twenty-one.

(a) The court may suspend the imposition of sentence and place

the juvenile on probation.

(b) The court may impose a sentence, suspend the execution of

the sentence and place the juvenile on probation.

(c) The court may impose a sentence in excess of six months

and provide that the defendant be confined in a jail-type institution

or a treatment institution for a period not exceeding six months and

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

the person placed on probation. This type of sentence is known as a

one count "split sentence" (see Chapter VIII for computation of a

"split sentence" and the revocation of a "split sentence").

(2) Commit for a period of time not to exceed the twenty-first

birthday.

b. Age nineteen or over at the time of the dispositional hearing.

At the time of the dispositional hearing (sentencing), the court may

consider the following options. (In any case, the penalty imposed

shall not exceed the lesser of two years or the maximum term which

could have been imposed for an adult.)

(1) Place on probation not to exceed the lesser of two years or

the maximum term which could have been imposed for an adult. The

probation period may extend beyond the twenty-first birthday.

(a) The court may suspend the imposition of sentence and place

the juvenile on probation.

(b) The court may impose a sentence, suspend the execution of

the sentence and place the juvenile on probation.

(c) The court may impose a sentence in excess of six months

(but not more than two years) and provide that the defendant be

confined in a jail-type institution or a treatment institution for a

period not exceeding six months and that the execution of the

remainder of the sentence be suspended and the

P.S. 5880.30

July 16, 1993

Chapter XII, Page 3

person placed on probation not to exceed two years. This type of

sentence is known as a one count "split sentence" (see Chapter XI for

computation of a "split sentence" and the revocation of a "split

sentence").

(2) Commit for a definite period of time not to exceed the

lesser of two years or the maximum term which could have been imposed

for an adult.

c. Probation revocation under 18 USC § 3653. Under the provisions

of § 3653, after arrest within the probation period,

". . . the court may revoke the probation and require him to

serve the sentence imposed, or any lesser sentence, and, if

imposition of sentence was suspended, may impose any

sentence which might originally have been imposed."

(1) If the juvenile was under age nineteen at the time of

sentencing, then any sentence imposed as a result of the probation

revocation may not exceed the juvenile's twenty-first birthday or, in

the case of a sentence that was imposed with some or all of the

execution of the sentence suspended, the length of the sentence

originally imposed.

(2) If the juvenile was age nineteen or over at the time of

sentencing, then the probation sentence may not exceed the length of

the sentence that was originally imposed or two years, whichever is

the lesser.

3. Beginning date or DCB of a JJDPA sentence. The date of the

dispositional hearing (date of sentencing) is the date on which the

JJDPA sentence shall commence to run provided the juvenile was in

federal custody based on the charge leading to the JJDPA sentence.

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 juvenile is returned to custody on that date, will be the

DCB (date on which the sentence begins to run).

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

applied to a JJDPA sentence the same as for an adult, in accordance

with Chapter V. This rule also applies to a juvenile who was under

age nineteen at the time of sentencing and who was ordered confined to

(sentenced to) the juvenile's twenty-first birthday. Once a juvenile

places himself in an inoperative time status, he has essentially

nullified the twenty-first birthday ceiling.

P.S. 5880.30

July 16, 1993

Chapter XII, Page 4

5. Presentence time on a JJDPA Sentence. Presentence time shall be

applied to a JJDPA sentence the same as for an adult, in accordance

with Chapter VI, except that the presentence time credit shall not be

deducted from the EFT when the court has ordered the juvenile

committed to the twenty-first birthday. Presentence time for a

juvenile who was ordered committed to the twenty-first birthday shall

be deducted from the SRD only.

Time spent in custody undergoing an 18 USC § 5037(c) observation and

study period shall be treated as presentence time credit, unlike an

adult 18 USC § 4205(c) study which is treated as time served on the

subsequent sentence.

6. Non-application of 18 USC § 4164 to a JJDPA sentence. §

4164 (one hundred and eighty day date) does not apply to a sentence

imposed under the provisions of the JJDPA. This means that any

juvenile who is released by operation of good time must serve to the

EFT under the supervision of the Parole Commission, even if one

hundred and eighty days or less remains on the sentence at the time of

release.

7. Effect of statutory good time and extra good time on a JJDPA

sentence. SGT and EGT shall be awarded to a JJDPA sentence the same

as for an adult sentence. The same instructions pertaining to

weekend/holiday release as contained in Chapter VII, paragraph

3.c., apply to a JJDPA sentence.

8. Calculation of a JJDPA sentence to a specific term. Calculation

of the EFT and SRD for a JJDPA sentence wherein the court sets a

definite term, e.g., six months; two years; eighteen months; fours

years, etc., is performed in the same manner as if an adult sentence

(see Chapter VII, subparagraphs 3.a. and b.).

9. Special calculation procedures for a juvenile who was ordered

committed to the twenty-first birthday. Ordinarily, a court will not

state the length of sentence for a juvenile that the court has ordered

to be committed to the twenty-first birthday. As a result, staff must

determine the actual length of sentence so that the proper amount of

SGT can be calculated and awarded (see Chapter IV, paragraph 4.).

Determining the length of sentence is accomplished by subtracting the

DCB from EFT (date of twenty-first birthday minus one day). (Do not

use any presentence time in this calculation. Presentence time is, of

course, deducted from the SRD.) Example follows:

Example No. XII - 1:

Arrested on 06-15-81; remained in continuous custody and

sentenced to 21st birthday on 07-12-81. Date of birth was

08-18-64.

P.S. 5880.30

July 16, 1993

Chapter XII, Page 5

Add 21 to the date of birth and back up 1 day to learn the

EFT. Subtract the DCB from the EFT to learn the length of

the sentence to be served for SGT purposes.

Date of Birth = 64-08-18

Sentenced to Age 21 = +21-00-00 21 Years

EFT (Date Before Age 21) = 85-08-17*

DCB = -81-07-11*

Length of Sentence = 04-01-06 4 Yrs 1 Mo 6 Dys

SGT Rate for 4 Yrs 1 Mo 6 Dys = 7 Days Per Month

49 Mos 6 Dys x 7 Days SGT Per Month = 344 Days SGT

EFT = 85-08-17 = 17031

SGT = - 344 Days

SRD = 84-09-07 = 16687

10. Parole of a juvenile delinquent under 18 USC § 5041. A juvenile

may be paroled under the provisions of 18 USC § 5041 which reads as

follows:

"A juvenile delinquent who has been committed may be

released on parole at any time under such conditions and

regulations as the United States Parole Commission deems

proper in accordance with the provisions in section 4206 of

this title."

Under the provisions of 28 CFR § 2.11, a juvenile delinquent

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."

As you will note from the information above, a juvenile is

immediately eligible for parole and will be considered for parole by

the Parole Commission without making application.

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

provisions of § 4206(d) pertain to a juvenile sentence the same as for

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

instructions for implementation of this section.

12. Observation and study of a juvenile under 18 USC § 5037(c). Under

§ 5037(c), the court may commit a juvenile for observation and study

as follows:

"(c) If the court desires more detailed information

concerning an alleged or adjudicated delinquent, it may

P.S. 5880.30

July 16, 1993

Chapter XII, Page 6

commit him, after notice and hearing at which the juvenile is

represented by counsel, to the custody of the Attorney General

for observation and study by an appropriate agency. Such

observation and study shall be conducted on an outpatient basis,

unless the court determines that inpatient observation and study

are necessary to obtain the desired information. In the case of

an alleged juvenile delinquent, inpatient study may be ordered

only with the consent of the juvenile and his attorney. The

agency shall make a complete study of the alleged or adjudicated

delinquent to ascertain his personal traits, his capabilities,

his background, any previous delinquency or criminal experience,

any mental or physical defect, and any other relevant factors.

The Attorney General shall submit to the court and the attorneys

for the juvenile and the Government the results of the study

within thirty days after commitment of the juvenile, unless the

court grants additional time."

The program statement, Study and Observation Report, provides

staff with the instructions for producing the study report as

requested by the court. The time period authorized for a § 5037(c)

study is thirty days and the procedures for requesting an extension of

time to complete the study is also covered by the program statement

just cited. It is a unit management function to produce the study

report and to request an extension of time, if necessary. The program

statement also specifies that the appropriate Regional Office shall

notify the United States Marshal when the prisoner is ready for return

to court.

a. Treatment of the custody time undergoing observation and study.

Unlike an adult study under § 4205(c), the commitment of a juvenile

for a § 5037(c) study is not deemed to be for the maximum term of

imprisonment prescribed by law. Therefore, all time spent undergoing

the study up to the date of the dispositional hearing (DCB) is treated

as presentence time credit. The final sentence to be served will be

imposed at the dispositional hearing.

b. Computation of the study time: The only computation involved

for a § 5037(c) study is to determine when the thirty days expires so

that the unit management staff will know the time frame in which the

study must be completed and whether to request additional time (see

paragraph 12. above).

(1) The amount of presentence time accumulated prior to the date

that the study was ordered does not serve to reduce the thirty days

authorized for the study. The amount of presentence time available,

however, must be determined at this time and entered into the Sentry

Sentence Monitoring data base for future use if, after the study is

complete, the juvenile is returned to serve a sentence.

P.S. 5880.30

July 16, 1993

Chapter XII, Page 7

(2) Effect of an escape (and possible inoperative time) on the

study period. If the juvenile escapes during the study period the

court must be notified as required by the program statement on

Escapes/Deaths Notification. When the juvenile is returned to federal

custody, staff shall contact the court to ascertain if the balance of

the study is to be completed or cancelled or otherwise modified. (See

the Inmate Systems Management Manual, chapter 6, section 604,

paragraph 3.C.(3), for information pertaining to correspondence with

the courts. If time is a critical factor, then the RISA should be

contacted for assistance.) The time in escape status shall not be

considered as inoperative time since it will have occurred prior to

the DCB (dispositional hearing).

c. Effect of the study period while under a writ of habeas corpus

ad prosequendum from state custody. No credit will be given for the

study period time or the time after the dispositional hearing if the

entire process took place while under the jurisdiction of a federal

writ of habeas corpus ad prosequendum from state custody. In other

words the federal sentence will not commence until the prisoner is

released from state custody and turned over to federal authorities for

service of the federal sentence. If the court, however, recommends

that the federal sentence be served concurrently with the state

sentence, then that state may be designated (See the program statement

on Designation of State Institution for Service of Federal Sentence)

as the place to serve the federal sentence provided that the state

place of confinement has been determined to be a suitable place of

confinement for the juvenile. A retroactive (nunc pro tunc)

designation can be made back to a date no earlier than the date of the

dispositional hearing.

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 1

XIII EXTRA GOOD TIME

1. [PURPOSE AND SCOPE § 523.10.]

[(a) The Bureau of Prisons awards extra good time credit for

performing exceptionally meritorious service, or for performing duties

of outstanding importance or for employment in an industry or camp.

An inmate may earn only one type of extra good time award at a time

(e.g., an inmate earning industrial or camp good time is not eligible

for meritorious good time), except that a lump sum award as provided

in § 523.16 may be given in addition to another extra good time award.

The Warden or the Discipline Hearing Officer may not forfeit or

withhold extra good time. The Warden may disallow or terminate the

awarding of any type of extra good time (except lump sum awards), but

only in a nondisciplinary context and only upon recommendation of

staff. The Discipline Hearing Officer may disallow or terminate the

awarding of any type of extra good time (except lump sum awards), as a

disciplinary sanction. Once an awarding of

meritorious good time has been terminated, the Warden must approve a

new staff recommendation in order for the award to recommence. A

"disallowance" means that an inmate does not receive an extra good

time award for only one calendar month.

Unless other action is taken, the award resumes the following calendar

month. A "disallowance" must be for the entire amount of extra good

time for that calendar month. There may be no partial disallowance.

A decision to disallow or terminate extra good time may not be

suspended pending future consideration. A retroactive award of

meritorious good time may not include a month in which extra good time

has been disallowed or terminated.]

b. The Attorney General is authorized to deduct extra good time

(EGT) credits from an inmate's sentence under the provisions of 18

U.S.C. § 4162 for performing exceptionally meritorious service or

performing duties of outstanding importance in connection with

institutional operations (MGT) or for actual employment in an industry

(IGT) or camp (CGT):

(1) The Attorney General has delegated his authority to the

Director of the Bureau of Prisons under the provision of 28 Code of

Federal Regulations 0.96(h).

(2) The Director of the Bureau of Prisons delegates his/her

authority to the Regional Directors, Wardens or Chief Executive

Officers (CEO), Regional Inmate Systems Administrators, and Community

Corrections Managers under the provisions of 28 Code of Federal

Regulations 0.97.

(3) Wardens and CEOs are authorized to delegate their authority

to institution teams or committees, consistent with existing

delegations.

(4) The rules in this chapter apply to sentences imposed for

offenses that were committed prior to November 1, 1987, regardless of

when the sentence was, or is, imposed.

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 2

[(c) The provisions of this rule do not apply to inmates sentenced

under the Sentencing Reform Act provisions of the Comprehensive Crime

Control Act of 1984. This means that inmates sentenced under the

Sentencing Reform Act provisions for offenses committed on or after

November 1, 1987 are not eligible for either statutory or extra good

time, but may be considered for a maximum of 54 days of good conduct

time credit per year [see 18 U.S.C. § 3624(b)].

2. [DEFINITIONS § 523.1.]

[(a) "Statutory Good Time" means a credit to a sentence as

authorized by 18 U.S.C. § 4161. The total amount of statutory good

time which an inmate is entitled to have deducted on any given

sentence, or aggregate of sentences, is calculated and credited in

advance, when the sentence is computed.]

[(b) "Extra Good Time" means a credit to a sentence as authorized

by 18 U.S.C. § 4162 for performing exceptionally meritorious service

or for performing duties of outstanding importance in an institution

or for employment in a Federal Prison Industry or Camp. "Extra Good

Time" thus includes Meritorious Good Time, Work/Study Release Good

Time, Community Corrections Center Good Time, Industrial Good Time,

Camp or Farm Good Time, and Lump Sum Awards. Extra good time and

seniority are inseparable with the exception of lump sum awards for

which no seniority is earned.]

[(c) "Seniority" refers to the time accrued in an extra good time

earning status. Twelve months of "seniority" automatically causes the

earning rate to increase from three days per month to five days per

month and seniority is then vested.]

[(d) "Earning Status" refers to the status of an inmate who is in

an assignment or employment which accrues extra good time.]

3. [GOOD TIME CREDIT FOR VIOLATORS § 523.2.]

[(a) An inmate conditionally released from imprisonment either by

parole or mandatory release can earn statutory good time, upon being

returned to custody for violation of supervised release, based on the

number of days remaining to be served on the sentence. The rate of

statutory good time for the violator term is computed at the rate of

the total sentence from which released.]

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 3

[(b) An inmate whose special parole term is revoked can earn

statutory good time based on the number of days remaining to be served

on the special parole violator term. The rate of statutory good time

for the violator term is computed at the rate of the initial special

parole term plus the total sentence that was served prior to the

special parole term and to which the special parole term was

attached.]

[(c) Once an inmate is conditionally released from imprisonment,

either by parole, including special parole, or mandatory release, the

good time earned (extra or statutory) during that period of

imprisonment is of no further effect either to shorten the period of

supervision or to shorten the period of imprisonment which the inmate

may be required to serve for violation of parole or mandatory

release.]

4. [MERITORIOUS GOOD TIME §523.11

(a) Staff are responsible for recommending meritorious good time

based upon work performance. Each recommendation must include a

justification which clearly shows that the work being performed is of

an exceptionally meritorious nature or is of outstanding importance in

connection with institutional operations. Work performance and the

importance of the work performed are the only criteria for awarding

meritorious good time.]

* The inmate's work supervisor is responsible for recommending that an

inmate receive MGT based on work performance. The recommendation must

include a justification which clearly shows the inmate's work

performance meets all necessary criteria to receive MGT. The

recommendation shall be approved by the Warden, or designee before MGT

is awarded. *

Participation in institutional educational or vocational programs, or

both, or maintaining good housekeeping, is not in itself a

justification for an award of MGT. However, when an inmate's

participation in a vocational work program is of an exceptionally

meritorious nature or is of outstanding importance in connection with

institution operations, staff may recommend the inmate for MGT. The

quality of the work performed must meet all of the standards set forth

for the awarding of EGT. Participation in vocational programs

consisting only of classroom activity does not qualify an inmate for

MGT.

[(b) A retroactive award of meritorious good time is ordinarily

limited to three months, excluding the month in which the

recommendation is made. A retroactive award in excess of three months

requires the approval of the Warden or designee (may not be delegated

below the level of Associate Warden). Staff are to include with any

recommendation for an inmate to receive a retroactive award of

meritorious good time, a written statement confirming the inmate's

eligibility for the retroactive award.]

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 4

An inmate who was approved for MGT while in pretrial status and who

is subsequently sentenced on the same crime for which he or she was

being detained will be granted EGT on the approved beginning date.

The inmate's eligibility for MGT begins once the inmate is placed in

the work assignment. A retroactive award in excess of three months

will ordinarily be considered to remedy an administrative error or

oversight. A retroactive award or presentence award may not be in an

amount which would cause the inmate to be past due for release.

[(c) Meritorious good time continues uninterrupted regardless of

work assignment changes unless the Warden or the Discipline Hearing

Officer takes specific action to terminate or disallow the award.]

When action is taken to terminate EGT, it will be terminated as of

the date of the incident. When EGT is to be disallowed, it will be

disallowed for the month in which the incident occurred.

5. [WORK/STUDY RELEASE GOOD TIME §523.12. Extra good time for an

inmate in work or study release programs is awarded automatically,

beginning on the date the inmate is assigned to the program and

continuing without further approval as long as the inmate is

participating in the program, unless the award is disallowed.]

6. [COMMUNITY CORRECTIONS CENTER GOOD TIME §523.13. Extra good time

for an inmate in a Federal or contract Community Corrections Center is

awarded automatically, beginning on arrival at the facility and

continuing as long as the inmate is confined at the Center, unless the

award is disallowed].

When an inmate is transferred to a contract Community Corrections

Center (CCC) from a Federal facility, the community corrections center

good time (CCCGT) shall become effective on the date of arrival at the

CCC. In all cases, the transferring federal facility shall project

the CCCGT to a final SRD. This will be done by using the SENTRY Extra

Good Time Status/Update transaction or manually on the Good Time

Record.

When an inmate is committed directly to a CCC, the appropriate

Community Corrections Manager shall award CCCGT from the date of

commitment to determine the correct SRD. This will be accomplished

using the SENTRY Extra Good Time Status/Update transaction, or

manually, using the BP-380.

7. [INDUSTRIAL GOOD TIME §523.14. Extra good time for an inmate

employed in Federal Prison Industries, Inc., is automatically awarded,

beginning on the first day of such employment, and continuing as long

as the inmate is employed by Federal Prison Industries, unless the

award is disallowed. An inmate on a waiting list for employment in

Federal Prison Industries is not awarded industrial good time until

actually employed.]

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 5

When an inmate leaves an industrial assignment, the IGT is terminated.

Thereafter, a prisoner will not receive EGT until the new work

supervisor recommends the award by issuance of an Extra Good Time

Recommendation, BP-390, or the prisoner is reassigned to industries, a

camp, or CCC.

* An inmate assigned to Federal Prison Industries (UNICOR), or detailed

to duty approved by the Director as being essential to an industrial

operation, is entitled to receive Industrial Good Time (IGT).

Notification of an inmate's entry into or removal from an industrial

assignment is provided to ISM by use of the Industrial/RAPS Action

Report, FPI-96. This form is completed by Industries and indicates

the industry to which the inmate is assigned or removed from and the

date of the action.

If an Industrial/RAPS Action Report, FPI-96 is prepared removing an

inmate from an industrial assignment because of a non-disciplinary

temporary release (e.g., writ, medical treatment, parole hearing,

etc.), the inmate should not be removed from IGT earning status.

Individual circumstances will determine if an inmate will receive IGT

when temporarily removed from the industrial assignment. IGT will

ordinarily continue when an inmate is temporarily removed for a non-disciplinary reason. Also, when an inmate is transferred, IGT will

continue until arrival at the designated institution unless the Warden

or DHO determines otherwise.

An Extra Good Time Recommendation will be completed to notify ISM of a

monthly disallowance of IGT. The absence of this notification will be

construed as evidence that the inmate's work performance has met the

standards for the awarding of IGT. *

8. [CAMP OR FARM GOOD TIME §523.15. An inmate assigned to a farm or

camp is automatically awarded extra good time, beginning on the date

of commitment to the camp or farm, and continuing as long as the

inmate is assigned to the farm or camp, unless the award is

disallowed.]

* An inmate committed to a camp is automatically entitled to receive

Camp Good Time (CGT), even though the inmate may be prevented from

actual employment. The CGT may be disallowed the same as any other

form of EGT in accordance with § 523.10(a). *

9. [LUMP SUM AWARDS §523.16. Any staff member may recommend to the

Warden the approval of an inmate for a lump sum award of extra good

time. Such recommendations must be for an exceptional act or service

that is not part of a regularly assigned duty. The Warden may make

lump sum awards of extra good time not to exceed thirty days. If the

recommendation is for an award in excess of thirty days and the Warden

concurs, the Warden shall refer the recommendation to the Regional

Director who may approve

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 6

the award. No award may be approved which would exceed the maximum

number of days allowed under 18 U.S.C. § 4162. The actual length of

time served on the sentence, to the date that the exceptional act or

service terminated, is the basis on which the maximum amount possible

to award is calculated. No seniority is accrued for such awards.

Staff may recommend lump sum awards of extra good time for the

following reasons:

(a) An act of heroism;

(b) Voluntary acceptance and satisfactory performance of an

unusually hazardous assignment;

(c) An act which protects the lives of staff or inmates or the

property of the United States; this is to be an act and not merely the

providing of information in custodial or security matters;

(d) A suggestion which results in substantial improvement of a

program or operation, or which results in significant savings; or

(e) Any other exceptional or outstanding service.]

When determining the maximum amount possible to award, jail time and

months in which EGT may have been disallowed shall be included. Any

EGT previously earned is then deducted from the maximum amount

possible to determine the total amount available for the lump sum

award.

10. [PROCEDURES §523.17

[(a) Extra good time is awarded at a rate of three days per month

during the first twelve months of seniority in an earning status and

at the rate of five days per month thereafter. The first twelve

months of seniority need not be based on a continuous period of twelve

months. If the beginning or termination date of an extra good time

award occurs after the first day of a month, a partial award of days

is made.]

* If SENTRY is used to calculate EGT, a hard copy of the Good Time

Data transaction will be signed and dated by the ISM staff

accomplishing the transaction and a copy will be placed in the J&C

file with a copy to the central file. Any hard copy previously filed

will be discarded so that the file reflects the inmate's current

status.

All documents pertaining to the award, disallowance, and termination

of EGT must be controlled by staff and may not be left in an area

accessible to inmates. All documents must be hand carried by staff or

sent through the mail to the ISM Staff for processing.

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 7

Instructions for entering EGT transactions in SENTRY can be found in

the SENTRY Sentence Monitoring Manual. Instructions for manually

computing EGT when SENTRY is not available or appropriate, must be

used. The manual calculation must be recorded on a manual Good Time

Record, Form BP-380 and maintained in the inmates's J&C File. All EGT

actions will be updated as source documentation is received. The ISM

Manager must establish adequate systems of control to ensure that all

necessary documentation is received that affects the inmate's EGT

earning status. It is usually necessary to project EGT on the manual

Good Time Record all the way to the SRD.

The abbreviations for the various types of good time are:

IGT - Industrial Good Time

CGT - Camp/Farm Good Time

MGT - Meritorious Good Time

WDS - District of Columbia Good Time

WST - Work/Study Release Good Time

CCC - Community Corrections Center Good Time

LSA - Lump Sum Award

ADJ - Adjustment of Extra Good Time

GCT - Good Conduct Time

SGT - Statutory Good Time

When an inmate's EGT is terminated, a SENTRY Extra Good Time Update

transaction must be performed. The date the EGT terminates must be

entered so that the inmate's SRD will be adjusted accordingly.

If EGT is disallowed for a particular month, the disallowance will

be indicated on the SENTRY Extra Good Time Update transaction by

removing the inmate from earning status for that month. The Inmate

Systems Manager will be responsible for establishing procedures to

ensure the inmate's EGT resumes the following month. A SENTRY waiting

list may be used for this purpose.

When an inmate is transferred to a CCC, CCCGT will automatically

accrue. The transferring institution will be responsible for

performing the Extra Good Time Update transaction so that the CCCGT

will begin on the scheduled date of arrival at the CCC.

If the sentence was not calculated by SENTRY, the transferring

institution is responsible for computing the CCCGT manually on the

Good Time Record so that the final SRD is determined. The SRD must

then be entered on SENTRY. CCCGT must be projected to determine a SRD

for all inmates, including those who have been granted a parole date.

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 8

If approval is received for a lump sum award, SENTRY must be updated

using the Extra Good Time Update transaction. The date of approval of

the award must be keyed as well as the amount of the award.

A manual Extra Good Time Record (BP-380) shall be initiated for each

inmate whose sentence cannot be automatically calculated on SENTRY.

This Extra Good Time Record will be used to document all EGT and SGT

actions. EGT will be calculated to the SRD and recorded on the manual

Extra Good Time Record. Any Parole Eligibility Date affected by the

application of EGT will be calculated, posted in SENTRY and documented

on the manual Extra Good Time Record as well. Camp Good Time, Work-Study Release Good Time, and CCC Good Time may be projected to the

final SRD as required for realistic programming or release planning.

The Extra Good Time Record will then be filed on the right side of the

J&C file. As an inmate's projected SRD is adjusted, that date will be

keyed on SENTRY using the Calc/Update Computation transaction so that

the inmate's name will appear on the appropriate release list. After

the adjusted SRD has been keyed, the SENTRY Extra Good Time Record and

the original Form BP-380 will be placed in the J&C File.

The information in the heading of the Extra Good Time Record, e.g.,

name, register number, etc., will be typed when the form is initiated.

This data will be obtained from the judgment and commitment order and

sentence computation. The presumptive or effective parole date will

be entered on the Extra Good Time Record and on SENTRY when the Notice

of Action is received. Any time a Notice of Action appears to be

inconsistent with policy or appears to be altered, the United States

Parole Commission (USPC) should be contacted for verification. The

person contacting the USPC will document the contact on the Notice of

Action and it will be filed in the J&C file. EGT adjustments will be

entered by indicating the type of EGT earned, the date in and/or out

of the assignment, and the mnemonic code of the institution.

Adjustments of SGT will be entered by indicating the type of action,

e.g., forfeiture, restoration, etc., the mnemonic code of the

institution, and the date the action occurred. All calculations are

to be handwritten in pencil for ease in updating. *

SENTRY Extra Good Time Status/Update transaction (PSEG) is used to

make SENTRY entries for all IGT, and EGT awards, disallowances, and

terminations. The printed copy of the Good Time Data transaction

shall serve as the Bureau of Prisons' official record of EGT credit.

Whenever a good time action is taken, a hard copy will be placed in

the inmate's J&C file.

Copies reflecting previous action need not be retained, so that

there will be only one hard copy which shows the inmate's current

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 8A

status. In addition, all entries of lump sum and EGT awards and

terminations must be supported by placing the original of the Extra

Good Time Recommendation in the J&C file.

All EGT disallowances must be supported by placing the original of

the completed Extra Good Time Recommendation in the J&C file. All IGT

awards and terminations entered in SENTRY must be supported by placing

the Industrial Employment, or a copy of the PP37 inmate work history

in the J&C file.

The projection of SRD's for those sentences that cannot be

automatically calculated by SENTRY will be accomplished manually on

the Good Time Record. The SRD will then be entered on SENTRY by using

the CALC/UPDATE Computation Transaction.

[(b) An inmate may be awarded extra good time even though some or

all of the inmate's statutory good time has been forfeited or

withheld.]

[(c) Parole and mandatory release violators may earn extra good

time the same as other inmates. Once an inmate is conditionally

released from imprisonment, either by parole, including special

parole, or mandatory release, the good time earned during that period

of imprisonment is of no further effect either to shorten the period

of supervision or to shorten the period of imprisonment which the

inmate may be required to serve for violation of parole or mandatory

release.]

Seniority gained on the original portion of the sentence does not

carry over to the violator term. The beginning rate of EGT for a

parole or mandatory release violator will be at the three day rate and

the prisoner must gain twelve months of seniority while serving the

violator term prior to advancing to the five day rate.

[(d) Staff working in the community have the same extra good time

authority as the Warden when approving the award of good time for an

inmate confined in a non-federal facility and may approve meritorious

good time or lump sum awards in accordance with this rule upon

recommendations made by a responsible person employed by the

non-federal facility. The appropriate staff in the Regional Office

may review all such awards if the Regional Director requires the

review.]

The Community Corrections Manager shall consult with the appropriate

Regional Inmate Systems Administrator for guidance should any problems

arise as to the applicability of EGT or lump sum awards in non-federal

facilities.

An inmate serving a concurrent federal sentence in a non-federal

institution may earn EGT. State authorities will

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 8B

make the recommendation to the appropriate Regional Inmate Systems

Administrator for final approval. Any such award shall be consistent

with the requirements for awarding EGT to inmates who are serving

their sentence in a federal institution.

[(e) An inmate who is transferred remains in the earning status at

time of transfer, unless the reason for transfer would otherwise have

caused removal from an earning status, and provided the inmate's

behavior is such while in transit that it does not justify removal.

Where the receiving institution is a camp, farm, or community

corrections center, the extra good time continues automatically upon

the inmate's arrival. Where the receiving institution is other than a

camp, farm, or community corrections center, the extra good time is

terminated upon arrival, and staff at the receiving institution shall

review each case to determine if the inmate should continue in

meritorious good time earning status if not immediately employed in

Federal Prison Industries or assigned to a work/study release program.

If the inmate then is not continued in meritorious good time earning

status, later awards must comply with procedures outlined in §

523.11.]

Section 523.11 refers to paragraph 4 in this Chapter.

* For EGT purposes, a prisoner the Bureau places in home confinement

shall be treated the same as if received at a CCC.

The Unit Team, at the prisoner's first review after arrival at the

receiving facility, shall note in the Team Comments section of the

Program Review Report that the inmate's EGT status was reviewed and

that a determination was made to continue, or not to continue, the

inmate in an MGT earning status from the date of arrival. When the

decision by the Unit Team is to continue the inmate in an MGT status,

the Team approving the continuation must execute an Extra Good Time

Recommendation and forward it for processing to Inmate Systems. *

[(f) An inmate serving a life sentence may earn extra good time

even though there is no mandatory release date from which to deduct

the credit since the possibility exists that the sentence may be

reduced or commuted to a definite term.

(g) Extra good time is not automatically discontinued while an

inmate is hospitalized, on furlough, out of the institution on a writ

of habeas corpus, or removed under the Interstate Agreement on

Detainers. Extra good time may be terminated or disallowed during

such absences if the Warden or the Discipline Hearing Officer finds

that the inmate's behavior warrants such action.]

Inmates who are transferred from one federal institution to another

for medical attention (which includes psychological

evaluation/treatment), and who are in an earning status, will

PS 5880.30

CN-03, June 30, 1997

Chapter XIII, Page 8C

continue to earn EGT regardless of the type, e.g., MGT, IGT,

* or CGT. Inmates who are temporarily transferred to another facility

for a hearing before a member of the Parole Commission continue to

earn EGT. *

Staff designated by the Warden should review such cases on a

periodic basis to assure that the EGT is properly awarded.

[(h) Extra good time earned by an inmate in a District of Columbia

Department of Corrections facility is treated the same as if earned in

a Bureau of Prisons institution, upon transfer to a Bureau

institution.

(i) An inmate committed under the provisions of 18 U.S.C. § 3651

(split sentence) may earn extra good time credits provided the

sentence imposed is not under the provisions of 18 U.S.C. § 5010(b) or

(c) (YCA). All extra good time and seniority earned is carried over

to any subsequent probation violator sentence based on the original

split sentence.

(j) An inmate committed under the provisions of 18 U.S.C. § 4205(c)

may earn extra good time credits towards the final sentence that may

be imposed. Such extra good time credits do not reduce the three

months allowed for study. An inmate committed under the provisions of

18 U.S.C. § 4244, as amended effective October 12, 1984, may earn

extra good time credits toward the final sentence that may be imposed.

Such extra good time credits do not reduce the provisional sentence.

Extra good time may continue during a commitment for examination of

hospitalization and treatment under 18 U.S.C. § 4245, as amended

effective October 12, 1984.]

The reference to "as amended effective October 12, 1984" refers to

the date that Congress passed the Comprehensive Crime Control Act of

1984 (P.L. 98-473).

[(k) Inmates committed under the provisions of 18 U.S.C. § 4244,

4246-47, 4252, 5010(b), (c), (e), or 5037(c) as these sections were in

effect prior to October 12, 1984, are not entitled to extra good time

deductions. Inmates committed under the provisions of 18 U.S.C. §

4241, 4242, 4243, or 4246 as these sections were amended effective

October 12, 1984, are not entitled to extra good time deductions.]

Even though an inmate serving a Youth Corrections Act or Sentence

Reform Act of 1984 sentence (an SRA sentence may earn good conduct

time under 18 U.S.C. 3624(e)) may not earn EGT credit toward his/her

SRD when placed in a work assignment, he/she may accrue seniority

toward a subsequent concurrent or consecutive "old law" adult sentence

that is imposed prior to release from the YCA or SRA sentence and the

later imposed "old law" adult sentence. For example, if an inmate

serving a

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 9

YCA or SRA sentence is employed in industries and an "old law" adult

sentence begins to run one year and two months later, then the inmate

would begin earning IGT at the rate of five days per month, since the

person has accrued fourteen months of seniority while serving the YCA

or SRA sentence. The inmate, of course, would receive no IGT credit

toward the adult sentence for those fourteen months. In other words,

he/she receives the seniority from the YCA or SRA sentence but no

days.

[(l) A pretrial detainee may not earn good time while in pretrial

status. A pretrial detainee, however, may be recommended for good

time credit. This recommendation shall be considered in the event

that the pretrial detainee is later sentenced on the crime for which

he or she was in pretrial status.]

An inmate in pretrial status may be approved for EGT (IGT and CGT

will automatically accrue the same as for a sentenced inmate and MGT

must be approved the same as for a sentenced inmate) and Lump Sum

Awards the same as a sentenced inmate. If the inmate is subsequently

sentenced, the pretrial EGT or Lump Sum Award shall then be deducted

from the sentence. The dates of assignment to and removal from an EGT

earning status shall be entered into SENTRY for future use should the

prisoner receive a sentence to imprisonment.

A pretrial inmate is only eligible for EGT credits for time

detained in a Bureau of Prisons' facility. EGT is not available for

those released from detention to a program or residence as a condition

of bond. A pretrial inmate released from detention is not subject to

the custody of the Attorney General, and is therefore, not eligible

for credits pursuant to 18 USC § 4162.

[(m) An inmate committed for civil contempt is not entitled to

extra good time deductions while serving the civil contempt sentence.]

Where the inmate is serving a criminal sentence concurrently with

the civil contempt sentence, EGT may be awarded on the concurrent

criminal sentence. An inmate serving a civil contempt sentence may

earn seniority toward a criminal sentence in the same way that

seniority may be accrued while serving a YCA or SRA sentence as

discussed in paragraph 10.l. above.

[(n) A military or Coast Guard inmate may earn extra good time.

Extra good time earned in Federal Prison Industries in a military or

Coast Guard installation is treated the same as if earned in Federal

Prison Industries in the Bureau of Prisons. Other forms of military

or Coast Guard extra good time, such as Army Abatement time, are fully

credited, but no seniority is allowed.]

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 10

[(o) American citizens who are serving sentences in foreign

countries and who are subsequently returned to this country under the

provisions of 18 U.S.C. Chapter 306 (P.L. 95-144) may have earned

work, labor, or program time credits in the foreign country similar to

extra good time earned under 18 U.S.C. § 4162. Such foreign "extra

good time" credits shall be treated as if awarded under § 523.16, Lump

Sum Awards, with any future lump sum award consideration in this

country calculated on the basis of time served in custody of the

Bureau of Prisons. After return to this country an inmate may earn

extra good time at the three-day rate and advance to the five-day rate

after one year of seniority is accrued. No seniority is accrued for

foreign "extra good time" credits.]

Section 523.16 refers to paragraph 9 in this Chapter.

Foreign "extra good time" credits shall be entered on the SENTRY

Extra Good Time Status/Update transaction as "Adjustment of Extra Good

Time". The "Date In/Action Date" will be the date of commitment to

the designated institution. If a Good Time Record is maintained, they

will be entered as "Foreign Extra Good Time Credits." (See Chapter

VIII.)

[(p) An inmate in extra good time earning status may not waive or

refuse extra good time credits.]

[(q) Once extra good time is awarded, it becomes vested and may not

be forfeited or withheld, or retroactively terminated or disallowed.]

r. If the institution feels that a state inmate is entitled to good

time compensation, a request may be made to state authorities to award

good time credits. Any such award shall be made in accordance with

the state's laws or regulations. It is the responsibility of state

authorities to make changes to release dates for their inmates and

their responsibility to keep the Inmate Systems Manager notified of

changes.

11. Seniority Calculations. As stated in paragraph 2.c. above,

twelve months of seniority automatically causes the EGT earning rate

to increase from three days per month to five days per month. The

following example demonstrates the method for determining seniority:

Example No. XIII - 1:

Assigned to IGT status on 08-29-69; removed from IGT on 12-

31-69; awarded MGT beginning on 03-04-70. Determine the

date that the rate changes after placement in an MGT earning

status on 03-04-70.

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 11

Date Out of IGT = 69-12-31

Date In IGT = -69-08-28*

Seniority Accrued = 00-04-03 4 Mos 3 Dys

1 Yr = 00-11-31 11 Mos 31 Dys

Seniority Accrued = -00-04-03 4 Mos 3 Dys

Seniority Necessary = 00-07-28 7 Mos 28 Dys

Date In MGT = +70-03-03*

Rate Changes On = 70-10-31

12. EGT Formula. The basic formula for the computation of EGT is:

Days on Assignment x Rate = Product ÷ Days in Month = Total Number of

Days To Be Awarded for a Month (any fraction of a day equals 1 day).

Appendix XV shows the number of days to be awarded when assigned or

removed on any date of any month. The number of days to award were

determined by using this formula. An examples follow.

Example No. XIII - 2:

Assigned to IGT on 03-13-81. Counting the day assigned, IGT

is authorized for the balance of March and equals 19 days.

The EGT rate for this example is 3 days per month.

19 Days x 3 Day Rate = 57 Product

57 Product ÷ 31 Days in Mar = 1.8 = 2 Dys for Mar

Example No. XIII - 3:

Removed from IGT on 04-25-82. Counting the day on which

removed, IGT is authorized for 25 days in April 1982. The

EGT rate for this example is 5 days per month.

25 Days x 5 Day Rate = 125 Product

125 Product ÷ 30 Dys in Apr = 4.1 = 5 Dys for Apr

(See Appendix V for a chart that shows the number of EGT days to

award for the month in which assigned and for the month in which

removed from an EGT earning assignment.)

If a prisoner goes in and out of more than one EGT assignment

during any one month, then the total number of days in an earning

status during the month is used in the formula to determine the total

product for the month and the total product is then divided by the

number of days in that month to determine the proper number of days to

award. In no case may a prisoner earn more than the rate authorized

for that particular month. An example follows.

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 12

Example No. XIII - 4:

Assigned to IGT on 05-01-82, removed on 05-09-82, reassigned

on 05-13-82, removed on 05-19-82, reassigned on 05-25-82 for

the balance of the month. EGT rate for this example is 3

days per month.

05-01-82 thru 05-09-82 = 9 Days

05-13-82 thru 05-19-82 = 7 Days

05-25-82 thru 05-31-82 = + 7 Days

Total Dys Assigned = 23 Days

23 Days x 3 Day Rate = 69 Product

69 Product ÷ 31 Dys in May = 2.2 = 3 Dys for May

13. Use of EGT formula to determine days to award in a rate change

month. The same formula used in paragraph 12. above to determine the

amount of EGT to award for a partial month is used at least twice

(used only twice if the prisoner is in an earning status for the

entire month) to determine the amount of EGT to award in the month in

which the rate changes. In no case may an EGT award for any one month

exceed five days. Following is an example that demonstrates the rate

change formula.

Example No. XIII - 5:

Inmate was in a continuous IGT assignment for 1 year and the

rate changed on 02-15-86. Determine the Product for the

first 14 days of the month at the 3 day rate and the Product

for the last 14 days of the month. Add the two Products

together and divide by the number of days (28) in this non-leap year of February 1986.

First 14 Days x 3 Day Rate = 42 Product

Last 14 Days x 5 Day Rate = + 70 Product

Total Product = 112 Product

112 Product ÷ 28 Dys in Feb = 4.0 = 4 Days for Feb

The following chart shows the amount of EGT to award for the

month in which the rate changes and was devised based on the

procedures used in Example No. XII - 5.

28 Day Month: 1st thru 14th = 5 Days

15th thru 28th = 4 Days

29 Day Month: 1st thru 15th = 5 Days

16th thru 29th = 4 Days

30 Day Month: 1st thru 15th = 5 Days

16th thru 30th = 4 Days

31 Day Month: 1st thru 16th = 5 Days

17th thru 31st = 4 Days

P.S. 5880.30

July 16, 1993

Chapter XIII, Page 13

14. Lump Sum Award Calculations. Lump sum awards may be granted at

the rate of 3 days per month from the beginning date of sentence for

the first year and at the 5 day rate beginning the second year. The

actual length of time served on the sentence including jail time to

the date that the "Exceptionally Meritorious or Outstanding Service"

terminated, less any EGT previously accumulated, is the basis on which

the maximum amount possible to award must be made.

P.S. 5880.30

July 16, 1993

Chapter XIV, Page 1

XIV JUDGMENT AND COMMITMENT

1. Judgment and commitment information. The judgment and commitment

must contain certain information as required by the Federal Rules of

Criminal Procedure, Rule 32(b)(1), 18 USC, which states,

"(1) In General. A judgment of conviction shall set forth

the plea, the verdict or findings, and the adjudication and

sentence. If the defendant is found not guilty or for any

other reason is entitled to be discharged, judgment shall be

entered accordingly. The judgment shall be signed by the

judge and entered by the clerk."

2. Examination of the judgment and commitment. Each judgment and

commitment must be carefully examined to ensure that it is a bonafide

legal document that has been issued by the appropriate court. The

copy left at the institution with the prisoner must either be

certified by signature of the clerk of the court or be imprinted with

the seal of the court.

3. Certificate of deduction at time of release. 18 USC § 4163 states

in part,

"Except as hereinafter provided a prisoner shall be released

at the expiration of his term of sentence less the time

deducted for good conduct. A certificate of such deduction

shall be entered on the commitment by the warden or keeper."

The above language of § 4163 means that the total number of days

of SGT and EGT shall be reported on the reverse of the judgment and

commitment along with the date and method of release. If the release

is by parole or mandatory release the total good time deductions

should equal the number of days as entered on the certificates. For

YCA cases, only the date and method of release need be entered.

A simple statement such as "certified correct", the date, and the

signature of the person who does the final sentence computation is

sufficient.

P.S. 5880.30

July 16, 1993

Chapter XV, Page 1

XV RULE 35. CORRECTION OR REDUCTION OF SENTENCE

1. Correction or reduction of sentence. Rule 35. of the Federal

Rules of Criminal Procedure, 18 USC, states,

"(a) Correction of Sentence. The court may correct an

illegal sentence at any time and may correct a sentence

imposed in an illegal manner within the time provided herein

for the reduction of sentence.

(b) Reduction of Sentence. A motion to reduce a sentence

may be made, or the court may reduce a sentence without

motion, within 120 days after the sentence is imposed or

probation is revoked, or within 120 days after receipt by

the court of a mandate issued upon affirmance of the

judgement or dismissal of the appeal, or within 120 days

after entry of any order or judgment of the Supreme Court

denying review of, or having the effect of upholding, a

judgment of conviction or probation revocation. The court

shall determine the motion within a reasonable time.

Changing a sentence from a sentence of incarceration to a

grant of probation shall constitute a permissible reduction

of sentence under this subdivision."

2. Monitoring time frames and appropriateness of a sentence

correction or reduction. Whenever an order is received from the court

that corrects or reduces a sentence, a review of such correction or

reduction must be made to determine if the change was in accordance

with Rule 35. Any case that appears to be outside the changes

authorized by Rule 35. shall be referred to the Regional Inmate

Systems Manager for assistance and advice about how to proceed.

3. Examination and authenticity of a Rule 35. court order. Each Rule

35. court order must be carefully examined to ensure that it is a

bonafide legal document that has been issued by the appropriate court.

Each Rule 35. document, regardless of how it is received, must be

verified with the clerk of court that issued the document. In

addition, the document must either be certified by signature of the

clerk of the court or be imprinted with the seal of the court.

PS 5880.30

(CN-01) March 10, 1994

Chapter XVI, Page 1

XVI VACATED CONVICTION OR SENTENCE

1. A prisoner, after sentencing, may appeal the conviction and

sentence. A successful appeal of the conviction that results in the

entire conviction (including the sentence) being vacated with a new

trial ordered can produce a different result when a new sentence is

imposed, from a sentence calculation standpoint, than if only the

sentence is vacated with a resentencing ordered.

(Note: Unless specified otherwise, all discussions pertain to

prisoners who are in, and remain in, the custody of, or under the

jurisdiction of, the United States during these events.)

2. Conviction vacated with new trial ordered that results in a new

sentence. The following procedures shall apply when a conviction is

vacated with a new trial ordered that results in a new sentence.

a. Single judgment and commitment with the conviction vacated on

all counts. If a prisoner is serving a single or multi-count sentence

on a single judgment and commitment and the entire conviction on all

counts is vacated with a new trial ordered, then any new sentence

imposed shall be computed as beginning on a date no earlier than the

new sentence. If more than one count exists, then the new sentences

for those counts shall be served in the sequence as ordered by the

court.

The prior conviction and sentence is treated as if it does not

exist. Therefore, the commencement date for the new sentence is based

on 18 U.S.C. § 3568, meaning that it will begin on the date of

imposition. Also, based on § 3568, all former presentence time, time

spent serving the sentence just vacated, and time between the vacated

sentence and the new sentence shall be counted as presentence time on

the new sentence.

The new sentence shall be adjusted for any prior forfeiture,

withholding or restoration of SGT (as modified for any rate change)

and for any EGT (carried over the same as a lump sum award), including

seniority.

b. Multiple counts with the conviction vacated on less than all

counts. Complex computation situations can arise when concurrent and

consecutive sentences (on a single judgment and commitment or multiple

judgments and commitments) are involved and less than all of the

counts are vacated. If the practice, as described in 2.a. above, was

rigidly followed as to beginning the new sentence no earlier than the

date of the new sentence, the possibility exists that the defendant

could receive a shortened sentence on one count, but end up with a

longer period of time to serve than in the beginning, thus having a

“chilling effect” on a defendant’s decision as to appeal in the first

instance.

PS 5880.30

CN-03, June 30, 1997

Chapter XVI, Page 2

In those cases that involve multiple counts and less than all the

counts are vacated, the newly imposed sentence shall be computed as

beginning on the date that it is imposed provided that the subsequent

computation does not result in an aggregate sentence that is greater

than the original aggregate. If the new aggregate is greater, then

the new sentence shall be computed as beginning on the date that it

originally commenced or in the order that it was originally ordered to

commence, i.e., all sentences shall remain in the same order as

originally imposed. If the court orders that the new sentence be

served in a different order than originally imposed, then the new

order shall be controlling.

Any prior forfeiture, withholding or restoration of SGT (as modified

for any rate change) and any EGT, including seniority, shall be

carried over to the new sentence.

3. Sentence vacated with a resentencing ordered. In those instances

when a court vacates only the sentence and then resentences the

defendant to the same or a shorter sentence, the sentence shall be

computed as commencing on the date of the original computation and

remain in the same sequence as originally imposed in relation to other

sentences unless the court orders that the new sentence be served in a

different sequence.

Any prior forfeiture, withholding or restoration of SGT (as modified

for any rate change) and any EGT, including seniority, shall be

carried over to the new sentence.

* 4. Effect of vacated conviction or sentence on a parole violator

(includes mandatory release and special parole term violators).

Computations of parole violations may require recalculation as the

result of a vacated conviction or sentence. In such cases, the

sentence from which the inmate was paroled must be recalculated as if

the parole had not occurred. The result of the recalculation could

drastically alter the violator term such as causing the violator term

to be reduced to a point that will require immediate release or making

the violator term longer. All recalculations that may affect parole

supervision time or parole revocation time must be referred to the

Regional Inmate Systems Administrator for review and assistance. It

is important to notify the Parole Commission if any sentence changes

affect the parole term. *

P.S. 5880.30

July 16, 1993

Appendix I, Page 1

GLOSSARY

ADDICT: Any individual who habitually uses any narcotic drug as

defined by section 102(16) of the Controlled Substances Act so as to

endanger the public morals, health, safety, or welfare, or who is or

has been so far addicted to the use of such narcotic drugs as to have

lost the power of self-control with reference to his addiction (18 USC

§ 4251).

AGGREGATED (SENTENCE): Two or more sentences combined (consecutive or

concurrent) to form a single sentence for computation and other

administrative purposes.

BUREAU: The Federal Bureau of Prisons (18 USC § 4041).

CASE LAW: Court decisions interpreting a statute, regulation or prior

court decision.

COMMISSION: The United States Parole Commission (18 USC § 4202).

CONCURRENT (SENTENCE): A sentence that operates simultaneously with

another sentence for a period of time, not necessarily sharing a

common ending or beginning date prior to aggregation.

CONSECUTIVE (SENTENCE): A sentence that is ordered to follow another

sentence.

CONVICTION: The judgement on a verdict or finding of guilty, a plea

of guilty, or a plea of nolo contendere (18 USC § 5006).

COUNT (IN AN INDICTMENT): A charge contained in an indictment that

describes an unlawful act.

DATE COMPUTATION BEGAN (DCB): The date from which a single or

aggregate sentence is calculated.

DESIGNATED FACILITY: The place (federal or non-federal) to which the

Bureau of Prisons designates a prisoner to serve the term of

imprisonment (18 USC § 4082).

DESIGNATION: An act required by the Bureau of Prisons to commit a

prisoner to, or to transfer a prisoner to, a specific place to serve a

federal sentence (18 USC § 4082).

DETAINER: A request from a law enforcement agency that a prisoner be

turned over to such agency at the time of release to answer charges,

to serve a sentence or to be considered for deportation (if an alien).

The original (or certified copy thereof) of the official document that

supports the basis for the request must accompany the request, and

represents the authority to take custody of the person wanted, in the

jurisdiction from which the request originated.

P.S. 5880.30

July 16, 1993

Appendix I, Page 2

EXTRA GOOD TIME (EGT): Good time authorized under 18 USC § 4162,

which may be administratively given in addition to statutory good

time.

EXPIRATION OF SENTENCE: An unconditional release from confinement (18

USC § 4164).

1. EXPIRATION FULL TERM (EXP-FT): An unconditional release

from confinement with no accumulation of good time.

2. EXPIRATION GOOD TIME (EXP-GT): An unconditional release

from confinement with good time.

FEDERAL RULES OF CRIMINAL PROCEDURES (FRCP): Federal Rules of

Criminal Procedure (18 USC, Rules 1 through 60).

FELONY: Any offense punishable by death or imprisonment for a term

exceeding one year is a felony (18 USC § 1).

FOREIGN TREATY SENTENCE: A sentence imposed in a foreign country on a

citizen of the United States who has been returned to the United

States to serve the foreign sentence (18 USC, Chapter 306).

INDETERMINATE SENTENCE: Sentence with parole eligibility date

determined by the U. S. Parole Commission.

INDICTMENT: An accusation in writing found and presented by a grand

jury, legally convoked and sworn, to the court in which it is

impaneled, charging that the person therein named has done some act,

or been guilty of some omission, which, by law, is a public offense

(Black's Law Dictionary).

INFORMATION: An accusation exhibited against some person for a

criminal offense, without an indictment.

INITIAL HEARING: An inmate's first personal appearance at his place

of confinement before a member or examiner of the U. S. Parole

Commission.

INOPERATIVE TIME: After a sentence begins to run and then stops

running prior to release from the confinement portion, then the

sentence becomes inoperative (not running).

JUVENILE: A person who has not attained his 18th birthday, or for

the purpose of proceedings and disposition under this chapter for an

alleged act of juvenile delinquency, a person who has not attained his

twenty-first birthday (18 USC § 5031).

JUVENILE DELINQUENCY: The violation of a law of the United States

committed by a person prior to his eighteenth birthday which would

have been a crime if committed by an adult (18 USC

§ 5031).

P.S. 5880.30

July 16, 1993

Appendix I, Page 3

JUVENILE JUSTICE DELINQUENCY AND PREVENTION ACT (JJDPA) OF 1974: 18

USC §§ 5031-5042; effective 6-16-38, as amended 6-25-48, September 7,

1974 and October 3, 1977.

MANDATORY PAROLE: A release from confinement, under the conditions of

parole, of a "Young Adult" or "Youth Offender" two years prior to the

full term date (18 USC § 5010(b) or (c)) or of an adult released after

the two-thirds/thirty year date (18 USC § 4206(d)).

MANDATORY RELEASE: A release from confinement due to the accumulation

of earned good time with person remaining under supervision for the

period ending 180 days from his full term date (except for JJDPA and

NARA commitments, w#ho remain under supervision until the full term

date) (18 USC § 4164).

MANDATORY RELEASE VIOLATOR (MRV): One whose mandatory release has

been revoked by the U. S. Parole Commission (18 USC § 4214).

MULTI-COUNT INDICTMENT: An indictment that contains more than one

count.

MULTIPLE SENTENCES: A judgment and commitment that contains more than

one sentence, or more than one judgment and commitment that contain

one or more sentences in each.

NARCOTIC ADDICT REHABILITATION ACT OF 1966 (NARA): 18 USC §§ 4251-

4255; effective 11-08-66.

NUNC PRO TUNC: A Latin phrase that translates to "now for then." In

legal matters, a phrase that is applied to acts allowed to be done

after the time when they should be done, with a retroactive effect,

i.e., with the same effect as if regularly done (Black's Law

Dictionary).

PAROLE: A conditional release from confinement with supervision by

direction of the U. S. Parole Commission.

PAROLE COMMISSION: The United States Parole Commission (18 USC §

4202).

PAROLE VIOLATOR (PV): One whose parole has been revoked by the U. S.

Parole Commission (18 USC § 4214).

PROBATION: A sentence imposed by a U. S. Court to be served in the

community under supervision (18 USC § 3651).

PROBATION VIOLATOR: One whose probation has been revoked by the U. S.

Courts (18 USC § 3653).

SPLIT SENTENCE: A sentence under the provisions of 18 USC § 3651

consisting of a definite sentence in excess of six months that

provides that the defendant be confined in a jail-type institution or

treatment institution for a period not exceeding six months and that

the execution of the remainder of the sentence be suspended and that a

period of probation follow.

P.S. 5880.30

July 16, 1993

Appendix I, Page 4

STATUTORY GOOD TIME (SGT): Good time authorized under 18 USC 4161.

STAY OF EXECUTION: A postponing of the date sentence begins.

SUPERVISION: Supervision in the community by a U. S. Probation

Officer.

UNITED STATES CODE (USC): The laws of the United States as codified

in the United States Code, Titles 1 through 50.

WRIT OF HABEAS CORPUS AD PROSEQUENDUM (WHCAP): An order issued by the

court to produce a prisoner in the proper jurisdiction for the purpose

of prosecution.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM (WHCAT): An order issued by

the court to produce a prisoner to give evidence before the court.

YOUNG ADULT: A person who has attained his twenty-second birthday but

has not attained his twenty-sixth birthday at the time of conviction

(18 USC § 4216).

YOUTH CORRECTIONS ACT (YCA): 18 USC §§ 5005-5026.

YOUTH OFFENDER: A person under the age of twenty-two at the time of

conviction (18 USC § 5006).

P.S. 5880.30

July 16, 1993

Appendix II, Page 1

LIST OF STATUTES RELEVANT TO SENTENCE COMPUTATION

AND OTHER INMATE SYSTEMS MANAGEMENT

ACTIVITIES, CONCERNS AND INTERESTS

18 USC § 1 Offenses classified

18 USC § 2 Principals

18 USC § 3 Accessory after the fact

18 USC § 4 Misprision of a felony

18 USC § 5 United States defined

18 USC § 402 Contempts constituting crimes

18 USC § 751 Prisoners in custody of institution or

officer

18 USC § 752 Instigating or assisting escape

18 USC § 753 Rescue to prevent execution

18 USC § 754 Rescue of body of executed offender

18 USC § 755 Officer permitting escape

18 USC § 1072 Concealing escaped prisoner

18 USC § 1114 Protection of officers and employees of the

United States

18 USC § 1751 Presidential and Presidential staff

assassinations, kidnapping, and assault;

penalties

18 USC § 1791 Providing or possessing contraband in prison

18 USC § 1792 Mutiny and riot prohibited [Prisons]

18 USC § 1793 Trespass on Bureau of Prisons reservations

and land

18 USC § 3050 Bureau of Prisons employees' powers [Arrest

and Commitment] (Includes authority to

carry firearms)

18 USC § 3161 Time limits and exclusions [Speedy Trial]

18 USC § 3521 Witness relocation and protection [Protection

of Witnesses]

P.S. 5880.30

July 16, 1993

Appendix II, Page 2

18 USC § 3522 Probationers and parolees [Protection of

Witnesses]

18 USC § 3526 Cooperation of other Federal agencies and

State governments; reimbursement of expenses

[Protection of Witnesses]

18 USC § 3568 Effective date of sentence; credit for time in

custody prior to imposition of sentence

18 USC § 3569 Discharge of indigent prisoner

18 USC § 3570 Presidential remission as affecting

unremitted part

18 USC § 3571 Clerical mistakes (FRCP Rule 36)

18 USC § 3572 Correction or reduction of sentence (FRCP

Rule 35)

18 USC § 3574 Stay of execution; supersedeas (FRCP Rule

38(a))

18 USC § 3651 Suspension of sentence and probation

18 USC § 3652 Probation (FRCP Rule 32)

18 USC § 3653 Report of probation officer and arrest of

probationer

18 USC § 4082 Commitment to Attorney General; residential

treatment centers; extension of limits of

confinement; work furlough

18 USC § 4083 Penitentiary imprisonment; consent.

18 USC § 4084 Copy of commitment delivered with prisoner

18 USC § 4086 Temporary safe-keeping of federal offenders

by Marshals

18 USC § 4102 Authority of the Attorney General [Transfer

To Or From Foreign Countries]

18 USC § 4105 Transfer of offenders serving sentence

[Transfers To Or From Foreign Countries]

18 USC § 4106(c) Transfer of offenders on parole; parole of

offenders transferred [Transfers To Or From

Foreign Countries]

18 USC § 4115 Execution of sentence imposing an obligation

to make restitution or reparations [Transfers

To Or From Foreign Countries]

P.S. 5880.30

July 16, 1993

Appendix II, Page 3

18 USC § 4161 Computation generally

18 USC § 4162 Industrial good time

18 USC § 4163 Discharge (From sentence)

18 USC § 4164 Released prisoner as parolee (Mandatory

Release)

18 USC § 4165 Forfeiture for offense (Good time)

18 USC § 4166 Restoration of forfeited commutation (Good

time)

18 USC § 4205 Time of eligibility for release on parole

18 USC § 4206 Parole determination criteria

18 USC § 4207 Information considered (Parole)

18 USC § 4208 Parole determination proceeding; time

18 USC § 4209 Conditions of parole

18 USC § 4210 Jurisdiction of Commission (Parole

Commission)

18 USC § 4211 Early termination of parole

18 USC § 4212 Aliens (Parole)

18 USC § 4213 Summons to appear or warrant for retaking of

parolee

18 USC § 4214 Revocation of parole

18 USC § 4215 Reconsideration and appeal (Parole)

18 USC § 4216 Young adult offenders

18 USC § 4217 Warrants to retake Canal Zone parole

violators

18 USC § 4241 Determination of mental competency to stand

trial

18 USC § 4242 Determination of the existence of insanity at

the time of the offense

18 USC § 4243 Hospitalization of a person found not guilty

only by reason of insanity

18 USC § 4244 Hospitalization of a convicted person

suffering from mental disease or defect

P.S. 5880.30

July 16, 1993

Appendix II, Page 4

18 USC § 4245 Hospitalization of a imprisoned person

suffering from mental disease or defect

18 USC § 4246 Hospitalization of a person due for release

but suffering from mental disease or defect

18 USC § 4247 General provisions for chapter [Offenders

With Mental Disease Or Defect

18 USC § 4251 Definitions [Narcotic Addicts]

18 USC § 4252 Examination [Narcotic Addicts]

18 USC § 4253 Commitment [Narcotic Addicts]

18 USC § 4254 Conditional release [Narcotic Addicts]

18 USC § 4255 Supervision in the community [Narcotic

Addicts]

18 USC § 4281 Discharge from prison

18 USC § 5003 Custody of State offenders

18 USC § 5005 Youth correction decisions

18 USC § 5006 Definitions [Federal Youth Corrections Act]

18 USC § 5010 Sentence [Federal Youth Corrections Act]

18 USC § 5011 Treatment [Federal Youth Corrections Act]

18 USC § 5015 Powers of Director as to placement of youth

offenders [Federal Youth Corrections Act]

18 USC § 5017 Release of youth offenders [Federal Youth

Corrections Act]

18 USC § 5018 Revocation of Commission orders [Federal

Youth Corrections Act]

18 USC § 5019 Supervision of released youth offenders

[Federal Youth Corrections Act]

18 USC § 5020 Apprehension of released offenders [Federal

Youth Corrections Act]

18 USC § 5021 Certificate setting aside conviction [Federal

Youth Corrections Act]

18 USC § 5024 Where applicable [Federal Youth Corrections

Act]

18 USC § 5025 Applicability to the District of Columbia

[Federal Youth Corrections Act]

P.S. 5880.30

July 16, 1993

Appendix II, Page 5

18 USC § 5031 Definitions [Juvenile Delinquency]

18 USC § 5032 Delinquency proceedings in district courts;

transfer for criminal prosecution [Juvenile

Delinquency]

18 USC § 5033 Custody prior to appearance before magistrate

[Juvenile Delinquency]

18 USC § 5034 Duties of magistrate [Juvenile Delinquency]

18 USC § 5035 Detention prior to disposition [Juvenile

Delinquency]

18 USC § 5036 Speedy trial [Juvenile Delinquency]

18 USC § 5037 Dispositional hearing [Juvenile Delinquency]

18 USC § 5038 Use of juvenile records [Juvenile

Delinquency]

18 USC § 5039 Commitment [Juvenile Delinquency]

18 USC § 5040 Support [Juvenile Delinquency]

18 USC § 5041 Parole [Juvenile Delinquency]

18 USC § 5042 Revocation of parole or probation [Juvenile

Delinquency]

18 USC, Appendix III, §§ 1 through 9 Interstate Agreement

on Detainers

P.S. 5880.30

July 16, 1993

Appendix III, Page 1

AGGREGATION RULES FOR PAROLE ELIGIBILITY PURPOSES

1. Purpose of appendix. The rules in this appendix establish the

procedures to be followed for aggregating two sentences (or two counts

within a single judgment and commitment) for parole eligibility date

determination purposes.

2. Treatment of sentences/offenses under Parole Commission's

discretion. All the rules pertaining to an 18 USC § 4205(a)(2)

sentence that are part of an aggregate shall also apply to any offense

that includes a provision that parole is at the Parole Commission's

discretion (PC Disc.). Any parole violator (PV) term that is part of

an aggregate, shall also be treated, for calculation purposes, the

same as a § 4205(b)(2) sentence.

3. Treatment of a sentence of one year or less. A single sentence,

or an aggregate sentence, of one year or less is not eligible for

parole (see Chapter VII, paragraph 4.d., for court ordered parole of a

sentence of one year or less). A single sentence, or aggregate

sentence, however, of one year or less that is part of an aggregate

that is greater than one year shall be treated the same as a sentence

under the provisions of 18 USC § 4205(a). If, however, a single or

aggregate sentence of one year or less is imposed and becomes part of

an aggregate that includes a § 4205(b)(2) sentence and it is the §

4205(b)(2) sentence that cases the aggregate to exceed one year, then

the single or aggregate sentence of one year or less must be served to

the SRD (based on SGT and EGT, if any) before becoming eligible on the

total aggregate. For example, If a three month sentence is imposed on

May 12, 1983 and a second sentence of five months concurrent is

imposed on June 12, 1983 for a total aggregate sentence of six months,

and then a third sentence under § 4205(b)(2) of ten years consecutive

is imposed resulting in a new total aggregate sentence of ten years

and six months, then this prisoner would be eligible for parole on the

day after reaching the SRD of the six months portion of the aggregate,

computed as if standing alone.

4. Relationship of a parolable sentence followed by a concurrent

non-parolable sentence when the SRD and the EFT of the concurrent non-parolable sentence is absorbed by the parolable sentence. Whenever an

aggregate sentence includes a parolable sentence followed by a

concurrent non-parolable sentence that has an SRD and an EFT that are

absorbed by the parolable sentence, then no release on parole is

authorized during the service of any part of the non-parolable

sentence. As a result, you will note that the rules that pertain to

this situation that include a parolable sentence and a non-parolable

sentence will state that a parole for the aggregate sentence need take

into consideration the SRD of the non-parolable sentence. This

consideration means that the SRD for the non-parolable sentence must

be calculated standing alone (as if no other sentence existed) to

determine where it fits into the overall aggregate scheme for parole

purposes.

P.S. 5880.30

July 16, 1993

Appendix III, Page 2

Calculating an SRD for the stand alone non-parolable sentence is

performed the same as for any other non-parolable sentence that is not

part of an aggregate containing a parolable sentence. Each time the

originally established non-parolable SRD is adjusted to make it

earlier or later, as the result of EGT or forfeited or restored SGT,

may have an effect on the eligibility for parole on the aggregate

sentence. It is important to remember, therefore, that once the

current SRD is passed that no future actions pertaining to the

forfeiture or restoration of SGT may affect that SRD. For example, if

a prisoner loses forty days of SGT that results in an SRD of June 25,

1986, and on June 26, 1986, ten days of SGT are restored, then that

restoration would have no effect on the non-parolable SRD just passed.

The ten days of restored SGT would, of course, serve to reduce the SRD

for the aggregate by the ten days.

Moving the originally established SRD to an earlier or later release

date in this type of situation can cause the structure of the

computation to change from 1) a parolable sentence followed by a

concurrent non-parolable sentence with an EFT and SRD that are

absorbed by the parolable sentence to 2) a parolable sentence followed

by a concurrent non-parolable sentence with an EFT that is earlier

than the first sentence and a SRD that is later than the first

sentence, thereby changing the aggregate parole rule that governs. As

a result, staff must make a determination each time the SRD is changed

by an award of EGT or forfeited or restored SGT so as to make certain

that the proper aggregate parole rule is followed.

5. Parole ineligibility ten year cap rule. It must always be

remembered that no prisoner is required to serve in excess of ten

years on any parolable sentence or aggregate of parolable sentences,

including one or more life sentences, before becoming eligible for

parole. This fact will not be stated in each rule

where it applies as that would require too much redundancy. Each

staff member performing sentence computation must always keep the ten

year cap rule in mind.

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. (See Chapter VII, paragraph 4.k.)

P.S. 5880.30

July 16, 1993

Appendix III, Page 3

6. Rules. All of the rules below are based on sentences that are

greater than one year: (Remember, a PE date standing alone, or part

of an aggregate, cannot exceed ten years of the sentence.)

a. An 18 USC § 4205(a) sentence followed by a consecutive or

concurrent sentence (includes PV term).

(1) 4205(a) sentence followed by a consecutive 4205(a) sentence:

Eligibility is one-third (not to exceed ten years) of the aggregate

computed from the DCB of the first sentence, minus all presentence

time.

(2) 4205(a) sentence followed by a concurrent 4205(a) sentence

with a later EFT: Eligibility is one-third (not to exceed ten years)

of the aggregate computed from the DCB of the first sentence, minus

all presentence time.

(3) 4205(a) sentence followed by a concurrent 4205(a) sentence

with an EFT and SRD that are absorbed by the first 4205(a) sentence:

(a) If the PE date of the absorbed sentence, computed from the

DCB of the absorbed sentence, minus its presentence time, is later

than the PE date of the first 4205(a) sentence, minus its presentence

time, then the PE date of the absorbed sentence shall be established

as the PE date for the aggregate, minus all presentence time.

(b) If the PE date of the first 4205(a) sentence, standing

alone, minus its presentence time, is later than the PE date of the

absorbed sentence, minus its presentence time, then the PE date of the

first sentence shall be established as the PE date for the aggregate,

minus all presentence time.

(4) 4205(a) sentence followed by a concurrent 4205(a) sentence

with an EFT that is earlier and a SRD that is later than the first

4205(a) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

(5) 4205(a) sentence followed by a consecutive 4205(b)(1)

sentence: Eligibility for the aggregate is one-third of the 4205(a)

sentence plus the minimum of the 4205(b)(1) sentence computed from the

DCB of the 4205(a) sentence, minus all presentence time. The period

of parole ineligibility for the aggregate cannot exceed the ten year

cap.

(6) 4205(a) sentence followed by a concurrent 4205(b)(1)

sentence with a later EFT: The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

(a) If the 4205(b)(1) sentence is imposed prior to the PE date

of the 4205(a) sentence, and if the minimum of the 4205(b)(1)

sentence, computed from the DCB of the 4205(b)(1) sentence, minus its

presentence time, exceeds the PE date of the

P.S. 5880.30

July 16, 1993

Appendix III, Page 4

4205(a), minus its presentence time, then the PE date for the

aggregate shall be established at the minimum of the 4205(a)(1)

sentence computed from the DCB of the 4205(b)(1), minus all

presentence time.

(b) If the 4205(b)(1) sentence is imposed prior to the PE date

of the 4205(a) sentence and the minimum of the 4205(b)(1) sentence,

computed from the DCB of the 4205(b)(1) sentence, minus its

presentence time, is earlier than the PE date for the 4205(a)

sentence, minus its presentence time, then the PE date for the

aggregate shall be based on one-third of the 4205(a) sentence computed

from the DCB of the 4205(a) sentence, minus all presentence time.

(c) If the 4205(b)(1) sentence is imposed after the PE date of

the 4205(a) sentence, then the PE date for the aggregate shall be the

minimum of the 4205(b)(1) sentence, computed from the DCB of the

4205(b)(1) sentence, minus all presentence time.

(7) 4205(a) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT and a SRD that are absorbed by the 4205(a)

sentence: The period of parole ineligibility for the aggregate cannot

exceed the ten year cap.

(a) If the minimum of the 4205(b)(1) sentence, computed from

the DCB of the 4205(b)(1), minus its presentence time, is earlier than

the PE date of the 4205(a) sentence (including its presentence time),

then the PE date for the aggregate shall be established at one-third

(not to exceed ten years) of the 4205(a) sentence, minus all

presentence time.

(b) If the minimum of the 4205(b)(1) sentence, computed from

the DCB of the 4205(b)(1), minus its presentence time, is later than

the PE date of the 4205(a) sentence, minus its presentence time, then

the PE date for the aggregate shall be established at the minimum of

the 4205(b)(1) sentence, minus all presentence time.

(8) 4205(a) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT that is earlier than the and a SRD that is later

than the 4205(a) sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(9) 4205(a) sentence followed by a consecutive 4205(b)(2)

sentence: Eligibility for the aggregate is one-third of the 4205(a)

sentence, computed from the DCB of the 4205(a) sentence, minus all

presentence time.

(10) 4205(a) sentence followed by a concurrent 4205(b)(2)

sentence with a later EFT: Eligibility for the aggregate is one-third

of the 4205(a) sentence, computed from the DCB of the 4205(a)

sentence, minus all presentence time.

P.S. 5880.30

July 16, 1993

Appendix III, Page 5

(11) 4205(a) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT and a SRD that are absorbed by the 4205(a)

sentence: Eligibility for the aggregate is one-third of the 4205(a)

sentence, computed from the DCB of the 4205(a) sentence, minus all

presentence time.

(12) 4205(a) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT that is earlier and a SRD that is later than the

4205(a) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

(13) 4205(a) sentence followed by a consecutive non-parolable

sentence: Eligible for parole to the non-parolable sentence in one-third of the 4205(a) sentence, computed from the DCB of the 4205(a)

sentence, minus presentence time applicable to the 4205(a) sentence

only.

(14) 4205(a) sentence followed by a concurrent non-parolable

sentence with a later EFT: Eligible for parole to the non-parolable

sentence in one-third of the 4205(a) sentence computed from the DCB of

the 4205(a) sentence, minus presentence time applicable to the 4205(a)

sentence only.

(15) 4205(a) sentence followed by a concurrent non-parolable

sentence with an EFT and a SRD that are absorbed by the 4205(a)

sentence: Eligibility for the aggregate is one-third of the 4205(a)

sentence, computed from the DCB of the 4205(a) sentence, minus its

presentence time, provided that the current SRD of the non-parolable

sentence (computed from the DCB of the non-parolable sentence, minus

its presentence time) has been passed. To re-emphasize, there can be

no parole until the SRD of the non-parolable sentence has been passed.

(16) 4205(a) sentence followed by a concurrent non-parolable

sentence of equal length imposed on the same date: Not eligible for

parole.

(17) 4205(a) sentence followed by a concurrent non-parolable

sentence with an EFT that is earlier and a SRD that is later than the

4205(a) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

b. An 18 USC § 4205(a)(1) sentence followed by a consecutive or

concurrent sentence (includes PV term).

(1) 4205(b)(1) sentence followed by a consecutive 4205(a)

sentence: Eligible for parole on the aggregate after the minimum of

the 4205(b)(1) sentence plus one-third of the 4205(a) sentence,

computed from the DCB of the 4205(a)(l) sentence, minus all

presentence time. The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

P.S. 5880.30

July 16, 1993

Appendix III, Page 6

(2) 4205(b)(1) sentence followed by a concurrent 4205(a)

sentence with a later EFT: The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

(a) If the DCB of the 4205(a) sentence occurs prior to the PE

date of the 4205(b)(l) sentence, minus its presentence time, and if

the PE date of the 4205(a) sentence (computed from the DCB of the

4205(a) sentence, minus its presentence time) occurs prior to the PE

date of the 4205(b)(l) sentence, then the PE for the aggregate shall

be set at the minimum of the 4205(b)(1) sentence, minus all

presentence time.

(b) If the DCB of the 4205(a) sentence occurs prior to the PE

date of the 4205(b)(l) sentence, minus its presentence time, but the

PE date of the 4205(a) sentence (computed from the DCB of the 4205(a)

sentence, minus its presentence time) occurs after the PE date of the

4205(b)(l) sentence, then the PE date for the aggregate will be set at

one-third of the 4205(a) sentence, computed from the DCB of the

4205(a) sentence, minus all presentence time.

(c) If the DCB of the 4205(a) sentence occurs after the PE

date of the 4205(b)(l) sentence, minus its presentence time, then the

PE date for the aggregate will be set at one-third of the 4205(a)

sentence, computed from the DCB of the 4205(a) sentence, minus all

presentence time.

(3) 4205(b)(1) sentence followed by a concurrent 4205(a)

sentence with an EFT and a SRD that are absorbed by the

4205(b)(1) sentence: The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

(a) If the DCB of the 4205(a) sentence occurs prior to the PE

date of the 4205(b)(l) sentence and if the PE date of the 4205(a)

sentence (computed from the DCB of the 4205(a) sentence, minus its

presentence time) occurs prior to the PE date of the 4205(b)(l)

sentence, minus its presentence time, then the PE for the aggregate

shall be set at the minimum of the 4205(b)(1) sentence, minus all

presentence time.

(b) If the DCB of the 4205(a) sentence occurs prior to the PE

date of the 4205(b)(l), minus its presentence time, sentence but the

PE date of the 4205(a) sentence (computed from the DCB of the 4205(a)

sentence, minus its presentence time) occurs after the PE date of the

4205(b)(l) sentence, then the PE date for the aggregate will be set at

one-third of the 4205(a) sentence, computed from the DCB of the

4205(a) sentence, minus all presentence time.

(c) If the DCB of the 4205(a) sentence occurs after the PE

date of the 4205(b)(l) sentence, minus its presentence time, then the

PE date for the aggregate will be set at one-third (not to exceed ten

years) of the 4205(a) sentence, computed from the DCB of the 4205(a)

sentence, minus all presentence time.

P.S. 5880.30

July 16, 1993

Appendix III, Page 7

(4) 4205(b)(1) sentence followed by a concurrent 4205(a)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(1) sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(5) 4205(b)(1) sentence followed by a consecutive 4205(b)(1)

sentence: Add the minimum terms together and compute the PE date for

the aggregate from the DCB of the first 4205(b)(l) sentence, minus all

presentence time. The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

(6) 4205(b)(1) sentence followed by a concurrent 4205(b)(1)

sentence with a later EFT: The period of parole ineligibility for the

aggregate cannot exceed the ten year cap.

(a) If the DCB of the concurrent 4205(b)(1) sentence occurs

prior to the PE date of the first 4205(b)(l) sentence, minus its

presentence time, and if the PE date of the concurrent 4205(b)(1)

sentence (computed from the DCB of the concurrent 4205(b)(1) sentence,

minus its presentence time) occurs prior to the PE date of the first

4205(b)(l) sentence, then the PE for the aggregate shall be set at the

minimum of the first 4205(b)(1) sentence, minus all presentence time.

(b) If the DCB of the concurrent 4205(b)(1) sentence occurs

prior to the PE date of the first 4205(b)(l) sentence, minus its

presentence time, and the PE date of the concurrent 4205(b)(1)

sentence (computed from the DCB of the concurrent 4205(b)(1) sentence,

minus its presentence time) occurs after the PE date of the first

4205(b)(l) sentence, then the PE date for the aggregate will be set at

the minimum term of the concurrent 4205(b)(1) sentence, computed from

the DCB of the concurrent 4205(b)(1) sentence, minus all presentence

time.

(c) If the DCB of the concurrent 4205(b)(1) sentence occurs

after the PE date of the first 4205(b)(l) sentence, minus its

presentence time, then the PE date for the aggregate will be set at

the minimum term of the concurrent 4205(b)(1) sentence, computed from

the DCB of the concurrent 4205(b)(1) sentence, minus all presentence

time.

(7) 4205(b)(1) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT and a SRD that are absorbed by the 4205(b)(1)

sentence: The period of parole ineligibility for the aggregate cannot

exceed the ten year cap.

(a) If the DCB of the concurrent 4205(b)(1) sentence occurs

prior to the PE date of the first 4205(b)(l) sentence, minus its

presentence time, and if the PE date of the concurrent 4205(b)(1)

sentence (computed from the DCB of the concurrent 4205(b)(1) sentence,

minus its presentence time) occurs prior to the PE date of the first

4205(b)(l) sentence, then the PE for the aggregate shall be set at the

minimum of the first 4205(b)(1) sentence, minus all presentence time.

P.S. 5880.30

July 16, 1993

Appendix III, Page 8

(b) If the DCB of the concurrent 4205(b)(1) sentence occurs

prior to the PE date of the first 4205(b)(l) sentence, minus its

presentence time, and the PE date of the concurrent 4205(b)(1)

sentence (computed from the DCB of the concurrent 4205(b)(1) sentence,

minus its presentence time) occurs after the PE date of the first

4205(b)(l) sentence, then the PE date for the aggregate will be set at

the minimum term of the concurrent 4205(b)(1) sentence, computed from

the DCB of the concurrent 4205(b)(1) sentence, minus all presentence

time.

(c) If the DCB of the concurrent 4205(b)(1) sentence occurs

after the PE date of the first 4205(b)(l) sentence, minus its

presentence time, then the PE date for the aggregate will be set at

the minimum term of the concurrent 4205(b)(1) sentence, computed from

the DCB of the concurrent 4205(b)(1) sentence, minus all presentence

time.

(8) 4205(b)(1) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(1) sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(9) 4205(b)(1) sentence followed by a consecutive 4205(b)(2)

sentence: Eligibility for the aggregate shall be set at the minimum

of the 4205(b)(1) sentence, computed from the DCB of the 4205(b)(1)

sentence, minus all presentence time.

(10) 4205(b)(1) sentence followed by a concurrent 4205(b)(2)

sentence with a later EFT: Eligibility for the aggregate shall be set

at the minimum of the 4205(b)(1) sentence, computed from the DCB of

the 4205(b)(1) sentence, minus all presentence time.

(11) 4205(b)(1) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT and a SRD that are absorbed by the 4205(b)(1)

sentence: Eligibility for the aggregate shall be set at the minimum

of the 4205(b)(1) sentence, computed from the DCB of the 4205(b)(1)

sentence, minus all presentence time.

(12) 4205(b)(1) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(1) sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(13) 4205(b)(1) sentence followed by a consecutive non-parolable

sentence: Eligibility for the 4205(b)(1) sentence shall be set at the

minimum of the 4205(b)(1) sentence, computed from the DCB of the

4205(b)(1) sentence, minus the presentence time applicable to the

4205(b)(1) sentence only. At the PE date of the 4205(b)(1) sentence,

the prisoner would be eligible for parole to the non-parolable

sentence.

P.S. 5880.30

July 16, 1993

Appendix III, Page 9

(14) 4205(b)(1) sentence followed by a concurrent non-parolable

sentence with a later EFT: Eligible for parole to the non-parolable

sentence after the minimum term of the 4205(b)(1) sentence computed

from the DCB of the 4205(b)(1) sentence, minus presentence time

applicable to the 4205(b)(1) sentence only.

(15) 4205(b)(1) sentence followed by a concurrent non-parolable

sentence with an EFT and a SRD that are absorbed by the 4205(b)(1)

sentence: Eligibility for parole on the aggregate is any time after

the current SRD (computed from the DCB of the non-parolable sentence,

minus its presentence time) of the non-parolable sentence has been

passed, provided that the minimum term of the 4205(b)(1) sentence

(computed from the DCB of the 4205(b)(1) sentence, minus its

presentence time) has been reached. To re-emphasize, there can be no

parole until the SRD of the non-parolable sentence has been passed.

(16) 4205(b)(1) sentence followed by a concurrent non-parolable

sentence of equal length imposed on the same date: Not eligible for

parole.

(17) 4205(b)(1) sentence followed by a concurrent non-parolable

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(1) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

c. An 18 USC § 4205(b)(2) sentence followed by a consecutive or

concurrent sentence (includes PV term).

(1) 4205(b)(2) sentence followed by a consecutive 4205(a)

sentence: Eligibility for the aggregate is one-third (not to exceed

ten years) of the 4205(a) sentence, computed from the DCB of the

4205(b)(2) sentence, minus all presentence time.

(2) 4205(b)(2) sentence followed by a concurrent 4205(a)

sentence with a later EFT: Eligibility for the aggregate is one-third

of the 4205(a) sentence, computed from the DCB of the 4205(b)(2)

sentence, minus all presentence time.

(3) 4205(b)(2) sentence followed by a concurrent 4205(a)

sentence with an EFT and a SRD that are absorbed by the 4205(b)(2)

sentence: Eligibility for the aggregate is one-third of the 4205(a)

sentence, computed from the DCB of the 4205(b)(2) sentence, minus all

presentence time.

(4) 4205(b)(2) sentence followed by a concurrent 4205(a)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(2) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

(5) 4205(b)(2) sentence followed by a consecutive 4205(b)(1)

sentence: Eligibility for the aggregate shall be set at the minimum

of the 4205(b)(1) sentence, computed from the DCB of the 4205(b)(2)

sentence, minus all presentence time.

P.S. 5880.30

July 16, 1993

Appendix III, Page 10

(6) 4205(b)(2) sentence followed by a concurrent 4205(b)(1)

sentence with a later EFT: Eligibility for the aggregate shall be set

at the minimum of the 4205(b)(1) sentence, computed from the DCB of

the 4205(b)(2) sentence, minus all presentence time.

(7) 4205(b)(2) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT and a SRD that are absorbed by the 4205(b)(2)

sentence: Eligibility for the aggregate shall be set at the minimum

of the 4205(b)(1) sentence, computed from the DCB of the 4205(b)(2)

sentence, minus all presentence time.

(8) 4205(b)(2) sentence followed by a concurrent 4205(b)(1)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(2) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

(9) 4205(b)(2) sentence followed by a consecutive 4205(b)(2)

sentence: Eligible for parole immediately on the aggregate.

(10) 4205(b)(2) sentence followed by a concurrent 4205(b)(2)

sentence: Eligible for parole immediately on the aggregate.

(11) 4205(b)(2) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT and a SRD that are absorbed by the 4205(b)(2)

sentence: Eligible for parole immediately on the aggregate.

(12) 4205(b)(2) sentence followed by a concurrent 4205(b)(2)

sentence with an EFT that is earlier and a SRD that is later than the

4205(b)(2) sentence: Eligible for parole immediately on the

aggregate.

(13) 4205(b)(2) sentence followed by a consecutive non-parolable

sentence: Eligible immediately for parole on the 4205(b)(2) sentence

to the non-parolable sentence.

(14) 4205(b)(2) sentence followed by a concurrent non-parolable

sentence with a later EFT: Eligible immediately for parole on the

4205(b)(2) sentence to the non-parolable sentence.

(15) 4205(b)(2) sentence followed by a concurrent non-parolable

sentence with an EFT and a SRD that are absorbed by the 4205(b)(2)

sentence: Eligible for parole on the aggregate any time after the

current SRD (computed from the DCB of the non-parolable sentence,

minus its presentence time) of the non-parolable sentence has been

passed. To re-emphasize, there can be no parole until the SRD of the

non-parolable sentence has been passed.

(16) 4205(b)(2) sentence followed by a concurrent non-parolable

sentence of equal length imposed on the same date: Not eligible for

parole.

P.S. 5880.30

July 16, 1993

Appendix III, Page 11

(17) 4205(b)(2) sentence followed by a concurrent non-parolable

with an EFT that is earlier and a SRD that is later than the

4205(b)(2) sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

d. A non-parolable sentence followed by a consecutive or concurrent

sentence (includes PV term).

(1) Non-parolable sentence followed by a consecutive 4205(a)

sentence: Eligibility is one-third of the 4205(a) sentence, computed

from the current SRD of the non-parolable sentence, minus its

presentence time.

(2) Non-parolable sentence followed by a concurrent 4205(a)

sentence with a later EFT: Eligibility is one-third of the 4205(a)

sentence, computed from the DCB of the 4205(a) sentence, minus its

presentence time. Parole can be granted on the 4205(a) sentence to

the non-parolable sentence up to the current SRD of the non-parolable

sentence, minus its presentence time. When the current SRD of the

non-parolable sentence has been passed, parole may be granted any time

thereafter on the aggregate, providing the PE date of the 4205(a)

sentence has been reached.

(3) Non-parolable sentence followed by a concurrent 4205(a)

sentence with an EFT and a SRD that are absorbed by the Non-parolable

sentence: Not eligible for parole.

(4) Non-parolable sentence followed by a concurrent 4205(a)

sentence of equal length imposed on the same date: Not eligible for

parole.

(5) Non-parolable sentence followed by a concurrent 4205(a)

sentence with an EFT that is earlier and a SRD that is later than the

non-parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(6) Non-parolable sentence followed by a consecutive 4205(b)(1)

sentence: Eligibility on the aggregate is the minimum of the

4205(b)(l) sentence computed from the current SRD of the non-parolable

sentence, minus its presentence time.

(7) Non-parolable sentence followed by a concurrent 4205(b)(1)

sentence with a later EFT: Eligibility is the minimum of the

4205(b)(l) sentence, computed from the DCB of the 4205(b)(l) sentence,

minus its presentence time. Parole can be granted on the 4205(b)(l)

sentence to the non-parolable sentence up to the SRD of the non-parolable sentence, minus its presentence time. When the release date

of the non-parolable sentence is passed, parole may be granted anytime

thereafter on the aggregate, providing the PE date of the 4205(b)(l)

sentence has been reached.

P.S. 5880.30

July 16, 1993

Appendix III, Page 12

(8) Non-parolable sentence followed by a concurrent 4205(b)(1)

sentence with an EFT and SRD that are absorbed by the Non-parolable

sentence: Not eligible for parole.

(9) Non-parolable sentence followed by a concurrent 4205(b)(1)

sentence of equal length imposed on the same date: Not eligible for

parole.

(10) Non-parolable sentence followed by a concurrent 4205(b)(1)

sentence with an EFT that is earlier and a SRD that is later than the

non-parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(11) Non-parolable sentence followed by a consecutive 4205(b)(2)

sentence: Eligible for parole on the aggregate after the SRD of the

non-parolable sentence has been passed, minus its presentence time.

(12) Non-parolable sentence followed by a concurrent 4205(b)(2)

sentence with a later EFT: Eligible for parole to the non-parolable

sentence any time after the DCB of the 4205(b)(2) sentence up to the

SRD of the of the non-parolable sentence, minus its presentence time.

Eligible on the aggregate after the SRD of the non-parolable sentence

has been passed, minus its presentence time.

(13) Non-parolable sentence followed by a concurrent 4205(b)(2)

sentence with an EFT and SRD that are absorbed by the Non-parolable

sentence: Not eligible for parole.

(14) Non-parolable sentence followed by a concurrent 4205(b)(2)

sentence of equal length imposed on the same date: Not eligible for

parole.

(15) Non-parolable sentence followed by a concurrent 4205(b)(2)

sentence with an EFT that is earlier and a SRD that is later than the

non-parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

(16) Non-parolable sentence followed by a consecutive non-parolable sentence: Not eligible for parole.

(17) Non-parolable sentence followed by a concurrent non-parolable sentence with a later EFT: Not eligible for parole.

(18) Non-parolable sentence followed by a concurrent non-parolable sentence with an EFT and SRD that are absorbed by the first

non-parolable sentence: Not eligible for parole.

(19) Non-parolable sentence followed by a concurrent non-parolable sentence with an EFT that is earlier and a SRD that is later

than the non-parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

P.S. 5880.30

July 16, 1993

Appendix IV, Page 1

AGGREGATION RULES FOR TWO-THIRDS/THIRTY YEAR

PAROLE ELIGIBILITY PURPOSES

1. Purpose of appendix. To provide instructions and procedures for

the computation of two-thirds or thirty year dates for multiple

sentences that exceed five years, as required by 18 USC § 4206(d).

2. Definitions. The following definition of terms apply to this

appendix.

a. b: Two thirds of the term in question (not to exceed 30 years

for each single term).

b. b Date: A mandatory U.S. Parole Commission review date. A

determination of parole, consistent with paragraph 2 above, will be

made by the U.S. Parole Commission. This provision does not establish

an actual release date, merely a review date.

c. b Release: An actual parole release determined by the U.S.

Parole Commission based on a b review consistent with the criteria

addressed in Title 18 USC § 4206(d), and paragraph 2 above.

d. Statutory Release Date (SRD): The SRD represents the EFT less

any SGT/EGT adjustments for the term in question. In the case of

aggregate terms it may represent the SRD of a term standing alone

(calculated as though no other sentence was in operation), and it may

be used to establish a starting date from which to calculate a b Date

for another term. It is also used to compare the SRD of a parolable

term with the b Date of the same term. An inmate may not receive a b

Release after the SRD of the same term has been reached since 18 USC §

4163 requires that the ". . . prisoner shall [emphasis added] be

released at the expiration of his term of sentence less the time

deducted for good conduct." Because of this language in § 4163, a b

Release after an SRD becomes a moot point.

3. b Date calculation rules. The following rules are for two

sentence combinations based on the fact that at least one of the

sentences is for five years or more.

a. A parolable sentence followed by a consecutive or concurrent

parolable sentence (includes PV term).

(1) Parolable sentence followed by a consecutive parolable

sentence: Eligibility is b of each sentence added together for an

aggregate and then computed from the DCB of the first sentence, minus

all presentence time.

(2) Parolable sentence followed by a concurrent parolable

sentence with a later EFT: Eligibility is b of the concurrent

sentence computed from the DCB of the concurrent sentence minus all

presentence time.

P.S. 5880.30

July 16, 1993

Appendix IV, Page 2

(3) Parolable sentence followed by a concurrent parolable

sentence with an EFT and SRD that are absorbed by the first parolable

sentence:

(a) If the b date of the absorbed sentence, computed from the

DCB of the absorbed sentence minus its presentence time, is later than

the b date of the first sentence, minus its presentence time, is later

than the b date of the absorbed sentence it shall be established as

the b for the aggregate, minus all presentence time.

(b) If the b date of the first sentence, standing alone, minus

its' presentence time, is later than the b date of the absorbed

sentence, minus its' presentence time, then the b date of the first

sentence shall be established as the b date for the aggregate, minus

all presentence time.

(4) Parolable sentence followed by a concurrent parolable

sentence with an EFT that is earlier and a SRD that is later than the

first parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

b. A parolable sentence followed by a consecutive or concurrent

non-parolable sentence.

(1) Parolable sentence followed by a consecutive non-parolable

sentence: Eligible for parole to the non-parolable sentence in b of

the parolable sentence, computed from the DCB of the parolable

sentence, minus presentence time applicable to the parolable sentence

only.

(2) Parolable sentence followed by a concurrent non-parolable

sentence with a later EFT: Eligible for parole to the non-parolable

sentence in b of the parolable sentence computed from the DCB of the

parolable sentence, minus presentence time applicable to the parolable

sentence only.

(3) Parolable sentence followed by a concurrent non-parolable

sentence with an EFT and a SRD that are absorbed by the parolable

sentence: Eligibility for the aggregate is b of the parolable

sentence, computed from the DCB of the parolable sentence, minus its

presentence time, provided that the current SRD of the non-parolable

sentence (computed from the DCB of the non-parolable sentence, minus

its presentence time) has been passed. To re-emphasize, there can be

no parole until the SRD of the non-parolable sentence has been passed.

(4) Parolable sentence followed by a concurrent non-parolable

sentence of equal length imposed on the same date: Not eligible for

parole.

P.S. 5880.30

July 16, 1993

Appendix IV, Page 3

(5) Parolable sentence followed by a concurrent non-parolable

sentence with an EFT that is earlier and a SRD that is later than the

parolable sentence: Each sentence must remain separate. Presentence

time shall be applied to each sentence to which it pertains.

c. A non-parolable sentence followed by a consecutive or concurrent

parolable sentence.

(1) Non-parolable sentence followed by a consecutive parolable

sentence: Eligibility is b of the parolable sentence, computed from

the current SRD of the non- parolable sentence, minus its presentence

time.

(2) Non-parolable sentence followed by a concurrent parolable

sentence with a later EFT: Eligibility is b of the parolable

sentence, computed from the DCB of the parolable sentence, minus its

presentence time. Parole can be granted on the parolable sentence to

the non-parolable sentence up to the current SRD of the non-parolable

sentence, minus its presentence time. When the current SRD of the

non-parolable sentence has been passed, parole may be granted any time

thereafter on the aggregate, providing the b date of the parolable

sentence has been reached.

(3) Non-parolable sentence followed by a concurrent parolable

sentence with an EFT and a SRD that are absorbed by the non-parolable

sentence: Not eligible for parole.

(4) Non-parolable sentence followed by a concurrent parolable

sentence of equal length imposed on the same date: Not eligible for

parole.

(5) Non-parolable sentence followed by a concurrent parolable

sentence with an EFT that is earlier and a SRD that is later than the

non-parolable sentence: Each sentence must remain separate.

Presentence time shall be applied to each sentence to which it

pertains.

d. A non-parolable sentence followed by a non- parolable

consecutive or concurrent sentence: Not eligible for parole.

4. Complex situations. The rules discussed above for b date

calculations apply to two sentence combinations. Developing rules for

computations involving three sentence combinations or more, however,

would require literally hundreds of instructions. Therefore, any b

date computation that presents difficulties or questions at the

institution level which are not addressed in this manual shall be

referred to the appropriate Regional Inmate Systems Administrator for

assistance.

P.S. 5880.30

July 16, 1993

Appendix IV, Page 4

Following are some examples that provide guidance for computing the b

date for a combination of three or more sentences:

Example No. App. IV - 1:

Sentence No. 1. PV term or 4205(b)(2) = 3 Yrs

Sentence No. 2. Consecutive non-parolable term = 5 Yrs

Sentence No. 3. Consecutive 4205(a) Term = 3 Yrs

Total sentence = 11 Yrs

Explanation. Since the 5 year non-parolable sentence is

"sandwiched" between the two parolable sentences that are each for

terms of less than 5 years, a b date cannot be established, regardless

of any parole eligibility established for the parolable sentences.

Example No. App. IV - 2:

Sentence No. 1. 4205(a) term = 5 Yrs

Sentence No. 2. Consecutive non-parolable term = 5 Yrs

Sentence No. 3. Consecutive 4205(a) = 6 Yrs

Total sentence = 16 Years

Explanation. 1) The total sentence is 16 years. Since the

non-parolable 5 year term is "sandwiched" between the two parolable

4205(a) sentences, each of which is 5 years or more, then a b date for

each parolable sentence must be established.

The b date for the 5 year 4205(a) sentence is determined by

adding b of the 5 years (3 years and 4 months) to the DCB of the 5

year 4205(a) sentence, less presentence time credit.

The b date for the 6 year 4205(a) sentence is determined by

adding b of the 6 years (4 years) to the SRD on the aggregate of the 5

year 4205(a) sentence and the 5 year non-parolable sentence (total

sentence = 10 years). Do not use presentence time to calculate the b

date of Sentence No. 3 since the presentence time would have been used

to establish the SRD of the aggregate of Sentence Nos. 1 and 2.

2) If parole or b release is not granted on Sentence No. 1,

then a b release may be granted on the b date of Sentence No. 3, with

a full term of supervision equal to the EFT of the 16 year term.

P.S. 5880.30

July 16, 1993

Appendix IV, Page 5

3) If parole or b release is granted on Sentence No. 1 (5 year

4205(a) term), the remaining 11 year aggregate term would be computed

on the parole or b release date on the previous term. Determine the b

date on this remaining term by adding b (4 years) to the SRD of the 5

year non-parolable sentence. Do not use presentence time to calculate

the new SRD and eligibility dates, since the presentence time has

already been used to establish the eligibility dates and EFT of

Sentence No. 1.

Example No. App. IV - 3:

Sentence No. 1. Non-parolable term = 10 Yrs

Sentence No. 2. Consecutive 4205(a) term = 5 Yrs

Sentence No. 3. Consecutive non-parolable term = 5 Yrs

Explanation. 1) The total sentence is 20 years. A b date

will be established for Sentence No. 2 (5 year 4205(a) sentence) by

adding b of Sentence No. 2 (3 years and 4 months) to the SRD of

Sentence No. 1 (10 year non-parolable sentence). A b release would

result in a release to the service of the remaining 5 year consecutive

non-parolable sentence.

2) If b release is to Sentence 3, then Sentence No. 3 must be

recalculated as beginning on the day of b release. The EGT rate

established on Sentence No. 3 would be based on seniority accrued on

the service of Sentences Nos. 1 and 2. Do not use presentence time to

calculate the new SRD and eligibility dates since the presentence time

has already been used to establish the eligibility dates and EFTs of

Sentence Nos. 1 and 2.

Example No. App. IV - 4:

Sentence No. 1. Non-parolable term = 10 Yrs

Sentence No. 2. Conc. 4205(a) term (same date) = 10 Yrs

Sentence No. 3. Consecutive non-parolable term = 5 Yrs

Sentence No. 4. Consecutive 4205(a) term = 5 Yrs

Explanation. 1) The total sentence will be 20 years. Since

Sentence No. 1 (10 year non-parolable term) and Sentence No. 2 (10

year 4205(a) term) were imposed on, and began running on, the same

date, no b date need be established for Sentence No. 2. No useful

purpose can be gained by paroling from a parolable sentence to a non-parolable sentence that is equal or greater in every respect.

2) Since no parole is available during the first 15 years of

this sentence based on good time, a b date for the last consecutive 5

year 4205(a) sentence (Sentence No. 4) must be determined by adding b

of Sentence No. 4 (3 years and 4 months)

P.S. 5880.30

July 16, 1993

Appendix IV, Page 6

to the SRD, that is established for the aggregation of Sentence Nos.

1, 2 and 3, as if standing alone. b release on the 20 year aggregate

could then be made on/or after the b date.

Example No. App. IV - 5:

Sentence No. 1. Parolable 4205(a) term = Life

Sentence No. 2. Consecutive 4205(a) term = 1 Yr

Explanation. The total sentence is Life. A b date is

established based on b of the life sentence (30 years), plus b of the

1 year sentence (8 months). As a result, 30 years and 8 months is

added to the DCB of the aggregated life and 1 year sentence, less

presentence time, to determine the b date.

P.S. 5880.30

July 16, 1993

Appendix V, Page 7

EGT DAYS TO AWARD FOR MONTH IN WHICH REMOVED

28 Day Month 29 Day Month 30 Day Month 31 Day Month

Date 3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate Removed

1 s t 1 1 1 1 1 1 1 1

2nd 1 1 1 1 1 1 1 1

3 r d 1 1 1 1 1 1 1 1

4 t h 1 1 1 1 1 1 1 1

5th 1 1 1 1 1 1 1 1

6 t h 1 2 1 2 1 1 1 1

7 t h 1 2 1 2 1 2 1 2

8 t h 1 2 1 2 1 2 1 2

9 t h 1 2 1 2 1 2 1 2

1 0 t h 2 2 2 2 1 2 1 2

1 1 t h 2 2 2 2 2 2 2 2

1 2 t h 2 3 2 3 2 2 2 2

1 3 t h 2 3 2 3 2 3 2 3

1 4 t h 2 3 2 3 2 3 2 3

1 5 t h 2 3 2 3 2 3 2 3

1 6 t h 2 3 2 3 2 3 2 3

17th 2 4 2 3 2 3 2 3

1 8 t h 2 4 2 4 2 3 2 3

1 9 t h 3 4 2 4 2 4 2 4

2 0 t h 3 4 3 4 2 4 2 4

2 1 s t 3 4 3 4 3 4 3 4

22nd 3 4 3 4 3 4 3 4

2 3 r d 3 5 3 4 3 4 3 4

2 4 t h 3 5 3 5 3 4 3 4

25th 3 5 3 5 3 5 3 5

2 6 t h 3 5 3 5 3 5 3 5

28 Day Month 29 Day Month 30 Day Month 31 Day Month

Date 3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate 2 7 t h 3 5 3 5 3 5 3 5

28th 3 5 3 5 3 5 3 5

29th - - 3 5 3 5 3 5

30th - - - - 3 5 3 5

31st - - - - - - 3 5

P.S. 5880.30

July 16, 1993

Appendix V, Page 8

EGT DAYS TO AWARD FOR MONTH IN WHICH ASSIGNED

28 Day Month 29 Day Month 30 Day Month 31 Day Month

Date 3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate Assigned

1 s t 3 5 3 5 3 5 3 5

2nd 3 5 3 5 3 5 3 5

3rd 3 5 3 5 3 5 3 5

4 t h 3 5 3 5 3 5 3 5

5 t h 3 5 3 5 3 5 3 5

6 t h 3 5 3 5 3 5 3 5

7 t h 3 4 3 4 3 4 3 5

8 t h 3 4 3 4 3 4 3 4

9 t h 3 4 3 4 3 4 3 4

1 0 t h 3 4 3 4 3 4 3 4

1 1 t h 2 4 2 4 2 4 3 4

1 2 t h 2 4 2 4 2 4 2 4

1 3 t h 2 3 2 3 2 3 2 4

1 4 t h 2 3 2 3 2 3 2 3

1 5 t h 2 3 2 3 2 3 2 3

1 6 t h 2 3 2 3 2 3 2 3

17th 2 3 2 3 2 3 2 3

1 8 t h 2 2 2 3 2 3 2 3

1 9 t h 2 2 2 2 2 2 2 3

2 0 t h 1 2 2 2 2 2 2 2

21st 1 2 1 2 1 2 2 2

22nd 1 2 1 2 1 2 1 2

2 3 r d 1 2 1 2 1 2 1 2

2 4 t h 1 1 1 2 1 2 1 2

2 5 t h 1 1 1 1 1 1 1 2

2 6 t h 1 1 1 1 1 1 1 1

28 Day Month 29 Day Month 30 Day Month 31 Day Month

Date 3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate

3 Day

Rate

5 Day

Rate 2 7 t h 1 1 1 1 1 1 1 1

28th 1 1 1 1 1 1 1 1

29th - - 1 1 1 1 1 1

30th - - - - 1 1 1 1

31st - - - - - - 1 1

P.S. 5880.30

July 16, 1993

Appendix VI, Page 1

SAMPLE LETTER TO UNITED STATES ATTORNEY

Mr. John Doe

United States Attorney

Middle District Of Tennessee

P.O. Box 000

Nashville, Tennessee 00000

Re: John Brown

Docket No.: CR 00000

Dear Mr. Doe:

We recently received Judge Smith's order of Judgment and

Commitment in the above case, entered on January 1, 1979. In

this order, the Court found Mr. Brown to be suitable for handling

under the Youth Corrections Act, but also provided that he be

committed for a term of three years.

We are writing to you because of the inconsistency of these two

provisions. The shortest possible commitment under the Youth

Corrections Act requires unconditional release on or before four

years from the date of conviction and unconditional release on or

before six years from conviction (18 USC §§ 5010(b) and 5017(c)).

No shorter commitment is authorized by the Youth Corrections Act.

18 USC § 5010(c) calls for a further or longer commitment than

§ 5010(b), and § 5010(d) removes the young offender from the

Youth Corrections Act and provides for a sentence under regular

adult sentencing provisions.

If Judge Smith's primary intent is that Mr. Brown be treated

under the Youth Corrections Act, he should be re-sentenced under

§ 5010(b), without any ceiling to the commitment other than what

is provided by the Act. On the other hand, if the Court's

intention is that Mr. Brown serve no more than a three year

sentence, this would imply a finding that the defendant would not

benefit from the special treatment provisions of the Youth

Corrections Act, and the reference to § 5010(b) should be

eliminated.

P.S. 5880.30

July 16, 1993

Appendix VI, Page 2

The corrections of Mr. Brown's sentence raises certain

difficulties. We are advised by the Bureau of Prisons' General

Counsel that the problem with omitting the reference to the Youth

Corrections Act is that it would deprive Mr. Brown of certain

benefits, the most important of which is the opportunity to have

his conviction set aside under 18 USC § 5021. On the other hand,

if the reference to the three year maximum term is omitted, that

omission would open up the possibility of a maximum period of

confinement of six years under the Youth Corrections Act. Since

either change is a more harsh sentencing disposition in some

respect, the General Counsel feels that corrective action may be

taken only after returning Mr. Brown to court. His sentence can

then be vacated, and he can be re-sentenced.

We would appreciate your calling this problem to the attention of

the Court and advising us.

Thank you for your assistance.

Sincerely,

(Warden's Signature Block)

P.S. 5880.30

July 16, 1993

Appendix VII, Page 1

UNITED STATES DEPARTMENT OF JUSTICE

Bureau of Prisons

CERTIFICATE OF COURT ORDERED-RELEASE

TO THE UNITED STATES PAROLE COMMISSION:

It is certified that

(Name)

, now confined in the,

(Reg. No.)

is entitled to

days good time deductions from the maximum term of imprisonment

on his 18 USC § 5010(b) or (c) sentence under the good time plan

in Johnson v. Smith, Civil Number 78-7147, United District Court

for the Eastern District of Michigan, dated April 20, 1983. The

above named person is released from this institution under the

court-ordered plan on, 19.

Upon release the above-named person is to remain under the

jurisdiction of the United States Parole Commission, as if on

parole, under the conditions set forth on page two of this

certificate, and is subject to such conditions until expiration

of the maximum term or terms of sentence, on,

19.

He is to remain within the limits of

.

This certificate in no way lessens the obligation of the

person being released to satisfy payment of any fine included in

the sentence; nor will it prevent delivery of this person to

authorities of any state otherwise entitled to custody.

P.S. 5880.30

July 16, 1993

Appendix VII, Page 2

This CERTIFICATE becomes effective on the date shown above.

If the releasee fails to comply with any conditions listed on the

next page, he may be summoned or retaken on a warrant issued by a

Commissioner of the Parole Commission, and reimprisoned pending a

hearing to determine if the court-ordered release should be

revoked.

Date Warden or Superintendent

P.S. 5880.30

July 16, 1993

Appendix VII, Page 3

CONDITIONS OF RELEASE

1. You shall go directly to the district shown on this

CERTIFICATE OF COURT-ORDERED RELEASE (unless released to the

custody of other authorities). Within three days after your

arrival, you shall report to your parole advisor if you have one,

and the United States Probation Officer whose name appears on

this Certificate. If in any emergency you are unable to get in

touch with your parole advisor, or your probation officer or the

United States Probation Office, you shall communicate with the

United States Parole Commission, Department of Justice, Chevy

Chase, Maryland 20815.

2. If you are released to the custody of other

authorities, and after your release from physical custody of

such authorities, you are unable to report to the United States

Probation Officer to whom you are assigned within three days, you

shall report instead to the nearest United States Probation

Officer.

3. You shall not leave the limits fixed by this

CERTIFICATE OF COURT-ORDERED RELEASE without written permission

from your probation officer.

4. You shall notify your probation officer within 2 days

of any change in your place of residence.

5. You shall make a complete and truthful written report

(on a form provided for that purpose) to your probation officer

between the first and third day of each month, and on the final

day of parole. You shall also report to your probation officer

at other times as your probation officer directs, providing

complete and truthful information

6. You shall not violate any law. Nor shall you associate

with persons engaged in criminal activity. You shall get in

touch within 2 days with your probation officer or the United

States Probation Office if you are arrested or questioned by a

law-enforcement officer.

7. You shall not enter into any agreement to act as an

"informer" or special agent for any law-enforcement agency.

8. You shall work regularly unless excused by your

probation officer, and support your legal dependents, if any, to

the best of your ability. You shall report within 2 days to your

probation officer any changes in employment.

P.S. 5880.30

July 16, 1993

Appendix VII, Page 4

9. You shall not drink alcoholic beverages to excess. You

shall not purchase, possess, use or administer marijuana or

narcotic or other habit-forming or dangerous drugs, unless

prescribed or advised by a physician. You shall not frequent

places where such drugs are illegally sold, dispensed, used or

given away.

10. You shall not associate with persons who have a

criminal record unless you have permission from your probation

officer.

11. You shall not possess a firearm or other dangerous

weapons.

12. You shall permit confiscation by your probation officer

of any materials which your probation officer believes may

constitute contraband in your possession and which your probation

officer observes in plain view in your residence, place of

business or occupation, vehicle(s) or on your person.

13. You shall make a diligent effort to satisfy any fine,

restitution order, court costs or assessment and/or court ordered

child support or alimony payment that has been, or may be,

imposed, and shall provide such financial information as may be

requested, by your Probation Officer, relevant to the payment of

the obligation. If unable to pay the obligation in one sum, you

will cooperate with your Probation Officer in establishing an

installment payment schedule.

14. You shall submit to a drug test whenever ordered by

your probation officer.

I have read, or have had read to me, the Certificate of Court-Ordered Release and the Conditions of Court-Ordered Release.

Witness Inmate

Date Date

P.S. 5880.30

July 16, 1993

Appendix VIII, Page 1

UNITED STATES COURTS OF APPEAL

District of Columbia Circuit: District of Columbia

First Circuit: Maine, Massachusetts, New Hampshire, Rhode

Island, and Puerto Rico

Second Circuit: Connecticut, New York, and Vermont

Third Circuit: Delaware, New Jersey, Pennsylvania, and Virgin

Islands

Fourth Circuit: Maryland, North Carolina, South Carolina,

Virginia, and West Virginia

Fifth Circuit: Louisiana, Mississippi, and Texas

Sixth Circuit: Kentucky, Michigan, Ohio, and Tennessee

Seventh Circuit: Illinois, Indiana, and Wisconsin

Eighth Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska,

North Dakota, and South Dakota

Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho,

Montana, Nevada, Northern Mariana Islands, Oregon, and Washington

Tenth Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah, and

Wyoming

Eleventh Circuit: Alabama, Florida, and Georgia

P.S. 5880.30

July 16, 1993

Appendix VIII, Page 2

STATES/TERRITORIES AND CIRCUITS

Alabama (Eleventh) Nebraska (Eighth)

Alaska (Ninth) Nevada (Ninth)

Arizona (Ninth) New Hampshire (First)

Arkansas (Eighth) New Jersey (Third)

California (Ninth) New Mexico (Tenth)

Colorado (Tenth) New York (Second)

Connecticut (Second) North Carolina (Fourth)

Delaware (Third) North Dakota (Eighth)

District of Columbia (D.C.) Northern Mariana

Florida (Eleventh) Islands (Ninth)

Georgia (Eleventh) Ohio (Sixth)

Guam (Ninth) Oklahoma (Tenth)

Hawaii (Ninth) Oregon (Ninth)

Idaho (Ninth) Pennsylvania (Third)

Illinois (Seventh) Puerto Rico (First)

Indiana (Seventh) Rhode Island (First)

Iowa (Eighth) South Carolina (Fourth)

Kansas (Tenth) South Dakota (Eighth)

Kentucky (Sixth) Tennessee (Sixth)

Louisiana (Fifth) Texas (Fifth)

Maine (First) Utah (Tenth)

Maryland (Fourth) Vermont (Second)

Massachusetts (First) Virgin Islands (Third)

Michigan (Sixth) Virginia (Fourth)

Minnesota (Eighth) Washington (Ninth)

Mississippi (Fifth) West Virginia (Fourth)

Missouri (Eighth) Wisconsin (Seventh)

Montana (Ninth) Wyoming (Tenth)