BOP Program Statement 5882.03 § 1

processing a fine, or fine and costs ordered by the court with respect to

an inmate convicted of an offense committed before November 1, 1987. When

the court orders a prisoner's confinement until payment of a fine, or fine

and costs under 18 U.S.C. § 3565, the Bureau of Prisons shall confine that

inmate until the fine, or fine and costs are paid, unless the inmate

qualifies for release under 18 U.S.C. § 3569.

a. An inmate held on the sole basis of his/her inability to pay such

fine, or fine and costs, and whose non-exempt property does not exceed $20

may request discharge from imprisonment on the basis of indigency (see 18

U.S.C. § 3569).

b. Under 18 U.S.C. § 3569, the determination of indigency may be made by

a U.S. Magistrate Judge. Where the U.S. Magistrate Judge makes a finding

of non-indigency based on the inmate's application for a determination of

his ability to pay the committed fine, or fine and costs, staff shall refer

the application to the appropriate United States Attorney for the purpose

of making a final decision on the inmate's discharge under 18 U.S.C. §

3569. It is to be noted that 18 U.S.C. § 3569 provides for confining an

inmate for nonpayment of a committed fine, or fine and costs.]