BOP Program Statement 5882.03 § 9

INSTITUTIONS §571.53

PS 5882.03

2/4/98

Page 6

a. An inmate with a committed fine, or fine and costs who is imprisoned

in a federal institution may make application for a determination of

indigency directly to the U.S. Magistrate Judge in the district where the

inmate is imprisoned under 18 U.S.C.

§ 3569.]

The ISM or designee is responsible for interviewing the inmate. The

inmate makes application for determination of indigency by:

# completing the Committed Fine Application, Oath, and Order form

(BP-S401), and

# attaching the BP-S401 to the completed Financial Statement of

Debtor form (OBD-500) (OBD-500 is the form provided by the

Department of Justice. If the Court prefers a different

form, then that form

shall be used.)

If the inmate has problems completing the forms, or refuses to complete

either of the forms, then the Notice to U.S. Attorney of Committed Fine

form (BP-S395), shall be distributed at the time specified explaining the

reason either or both forms were not attached. Copies of Form BP-S401

and/or Form OBD-500 shall be distributed if and when the inmate completes

the forms.

Not less than 60 days before the inmate's release date, using the

BP-S395, the ISM or designee shall notify:

# the U.S. Attorney in the district where the fine, or fine and

costs was imposed,

# the U.S. Attorney of the district in which the inmate is

confined, and

# Unit staff.

If it is not possible to furnish notice 60 days in advance, then written

notice shall be sent as soon as ISM staff learn of the pending release

date. ISM staff shall notify both U.S. Attorneys by electronic

communication in addition to the written notice.

[b. After completion of the application, staff shall offer to forward

the completed forms and any other applicable information the inmate chooses

to the U.S. Magistrate Judge.]

ISM staff shall offer to forward the completed forms and any other

applicable information the inmate chooses to the U.S. Magistrate Judge.

The forms shall be mailed certified, return receipt requested. ISM staff

shall follow-up to assure that the U.S. Magistrate Judge receives the

inmate's application.

PS 5882.03

2/4/98

Page 7

[c. If the U.S. Magistrate Judge finds that the inmate is indigent, the

U.S. Magistrate Judge will administer the oath to the inmate. The inmate

shall be released no earlier than the regularly established release date.

d. If the U.S. Magistrate Judge finds that the inmate is not indigent,

Bureau staff shall forward a referral package to the appropriate United

States Attorney for a final determination as to the inmate's ability to pay

the committed fine, or fine and costs.]

ISM staff must keep both U.S. Attorneys advised of the inmate's

activities with the U.S. Magistrate Judge and shall, upon request, furnish

to the U.S. Attorneys or U.S. Magistrate Judge any information contained in

the inmate's file that may assist in arriving at a decision about the

inmate's financial status.