BOP Program Statement 5880.33 § 22

22.1 Under § 24-201c, as implemented by the USPC at 28 CFR

2.76, a prisoner may request the Parole Commission file

an application with the sentencing court for a reduction

in the minimum sentence (term). A prisoner who is

serving a sentence for a crime for which a minimum

sentence is prescribed under § 24-203(b) shall not have

the minimum term reduced under these provisions.

22.2 The Parole Commission will accept a prisoner’s

application only after the service of three or more years

have been served on the minimum term. If a prisoner’s

request is denied, a two year waiting period is required

before the Parole Commission will again consider a

request.

22.3 If the court approves the application and reduces the

minimum term, the prisoner will become eligible for

parole on a date based on the recalculation of the

minimum term. Release on parole is, of course, at the

discretion of the Parole Commission.

22.4 If ISM staff receive a court order that reduces the

minimum term, a recalculation of the sentence is required

to learn the new PE date. The maximum term remains

unaffected. The court order shall be filed in the J&C

file.

22.5 ISM staff monitoring will include making certain that the

prisoner has served at least three years of the minimum

term and that the minimum term was not imposed under the

provisions of § 24-203(b).

P5880.33

7/9/2010

Chapter 23, Page 4

CHAPTER 23