BOP Program Statement 5882.03 § 11

non-indigency finding by the U.S. Magistrate Judge, Bureau staff shall

forward a referral package to the appropriate U.S. Attorney.

a. The ISM shall forward the referral package to the appropriate U.S.

Attorney immediately following the U.S. Magistrate Judge's finding. If the

inmate is not housed in a Federal institution, the following staff shall

forward the referral package:

# The Community Corrections Manager (CCM) shall forward the

referral package for inmates transferred or committed directly to

contract community-based facilities and state institutions as

boarders,

# The Regional Inmate Systems Administrator (RISA) shall forward

the referral package for inmates transferred or designated to

state institutions as the place to serve federal sentences

concurrently with state sentences)

The referral package shall contain:

# a memorandum from the Warden (CCM or RISA) requesting final

disposition by the U.S. Attorney,

# any document issued by the U.S. Magistrate Judge,

# copies of any other documentation in the inmate's file concerning

the inmate's financial status including the inmate's

commissary account record, and

# copies of the federal and/or state exemption rules or laws.

The ISM, CCM or RISA shall contact the U.S. Attorney five working days

prior to the inmate's scheduled release if no response has been received.

All contacts with the U.S. Attorney should be documented in the J&C file.

PS 5882.03

2/4/98

Page 9

b. ISM staff shall file copies of the U.S. Attorney's written statement

as follows:

# Original to the inmate,

# copy to the J&C File,

# copy to the U.S. Attorney in the district where the inmate is

located, if not the same district where the fine, or fine and

costs were imposed.

c. If the U.S. Attorney authorizes release of the inmate without any

payment toward the fine, or fine and costs, a copy of the statement

furnished to the inmate shall be the institution's authority to release the

inmate. The inmate shall not be released any earlier than the inmate's

scheduled date of release.

If the U.S. Attorney requires the inmate to pay some or all of the fine,

or fine and costs, a copy of the U.S. Attorney's written statement

furnished to the inmate shall serve as the institution's authority to hold

the inmate until the matter is resolved. In such cases, the inmate shall

stay confined until the U.S. Attorney authorizes the inmate's release.

d. If an inmate in a camp or community-based facility is held beyond the

inmate's scheduled release date for refusal to pay some or all of the fine,

or fine and costs, staff should consider whether the inmate needs to be

transferred to a more secure facility pending resolution of the fine.