Program Statement 5880.28, Sentence Computation Manual (CCCA OF 1984)

Change

Notice

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE AFFECTED: 5880.28

CHANGE NOTICE NUMBER: 7

DATE: 7/20/99

1. PURPOSE AND SCOPE. This Change Notice incorporates revisions

to the Sentence Computation Manual-CCCA and provides instruction on

the manner in which to calculate New Law sentences pursuant to

Title 18, United States Code § 924(c)(1) in accordance with United

States vs. Gonzales, 117 S.Ct 1032, 137 L.Ed 132 (1997) as it

pertains to the application of the firearm penalty provisions.

This change will amend aggregation practices/procedures for

§ 924 (C)(1) and non § 924(C)(1) counts (hereinafter referred to as

924/non-924 sentence).

2. SUMMARY OF CHANGES. Chapter 1, Page 37a - 37g. Sentence

computation instructions are added for those sentences that include

924/non-924 counts and are affected by U.S. v. Gonzales, 117 S.Ct

1032, 137 L.Ed. 132 (1997).

3. TABLE OF CHANGES

Remove Insert

Chapter 1, Table of Contents Chapter 1, Table of Contents

Chapter 1, Pages 1-37a - 37g

4. ACTION. File this Change Notice in front of PS 5880.28, the

Sentence Computation Manual (CCCA of 1984).

/s/

Kathleen Hawk Sawyer

Director

Change

Notice

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE AFFECTED: 5880.28

CHANGE NOTICE NUMBER: 6

DATE: 7/19/99

1. PURPOSE AND SCOPE. To revise Chapter I, paragraph 6,

Computation of Foreign Treaty Sentence, and all subparagraphs

therein, of the Sentence Computation Manual-CCCA of 1984.

2. SUMMARY OF CHANGES

a. Updates American Correctional Association Standards

Referenced and MCC/MDC/FDC/FTC Procedures.

b. Revises Chapter I, paragraph 6, for changes in terminology to

satisfy Circuit Court opinions and improving the format for easier

reading and understanding of policy instructions.

3. TABLE OF CHANGES

Remove Insert

Program Statement Program Statement

Pages 1-91 thru 1-94I Pages 1-91 thru 1-94F

4. ACTION. File this Change Notice in front of PS 5880.28,

Sentence Computation Manual-CCCA of 1984.

/s/

Kathleen Hawk Sawyer

Director

Change

Notice

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE AFFECTED: 5880.28

CHANGE NOTICE NUMBER: 5

DATE: 12/31/98

1. PURPOSE AND SCOPE. To update the Sentence Computation Manual-

CCCA of 1984 with instructions for implementing the sentencing

provisions of the Violent Crime Control and Law Enforcement Act

(VCCLEA) of 1994 and the Prison Litigation Reform Act of 1995

(PLRA) and with information and instructions concerning Supervised

Release, fines, assessments, and restitution and submission of

forms to the FBI.

2. SUMMARY OF CHANGES. This Change Notice implements amendments

to 18 U.S.C. § 3624 (b), Credit toward service of sentence for

satisfactory behavior, for the VCCLEA and PLRA, and to

18 U.S.C. § 4046 (c), Shock incarceration program, for reduction of

sentence based upon the successful completion of the program.

It also eliminates the requirement for completion of the Forms

I-12 (Wanted -Flash Cancellation notice and R-84 (Final Disposition

Report).

In addition, the entire supervised release paragraph 3.i., Chapter

I, is updated to remove instructions for tasks ISM no longer

requires, to improve instructions and language for the remaining

tasks, and to incorporate changes initiated by the VCCLEA and the

PLRA.

Further changes are being implemented to remove fine information

from the supervised release paragraph by adding a new paragraph

3.o. Information concerning submission of forms to the FBI in

Chapter I, paragraph 7, is being removed since the forms are no

longer required.

PS 5880.28

CN 5, 12/31/98

Page 2

3. TABLE OF CHANGES

Remove Insert

Chapter I: Chapter I:

Table of Contents Table of Contents

Pages 1 - 65 through 1 - 75 Pages 1 - 65 through 1 - 70

Page 1 - 78I Pages 1 - 78I through

1 - 78DD

Pages 1 - 106 and 1-107 Page 1 - 106

4. ACTION. File this Change Notice in front of PS 5880.28,

Sentence Computation Manual-CCCA of 1984.

/s/

Kathleen Hawk Sawyer

Director

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5880.28

CHANGE NOTICE NUMBER: CN-04

DATE: June 30, 1997

1. PURPOSE AND SCOPE. To provide instructions for

implementation of 18 U.S.C. § 3621(e)(2)(B) of the Violent Crime

Control and Law Enforcement Act of 1994 (P.L. 103-322).

2. SUMMARY OF CHANGES. This change notice implements 18 U.S.C.

§ 3621(e)(2)(B), period of custody, as it pertains to the

information and procedures necessary to effect a sentence

reduction for that provision.

3. TABLE OF CHANGES

Remove Insert

Table of Contents, Table of Contents,

Chapter I Chapter I

Pages 1 - 78A through

1 - 78I

4. ACTION File this Change Notice in front of PS 5880.28,

Sentence Computation Manual (CCCA of 1984).

\s\

Kathleen M. Hawk

Director

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5880.28

CHANGE NOTICE NUMBER: CN-03

DATE: February 14, 1997

1. PURPOSE AND SCOPE. To update certain sections of the

Sentence Computation Manual-CCCA pertaining to the Sentencing

Reform Act of 1984 implementation procedures.

2. DIRECTIVE RESCINDED

OM 069-96 (5880) Date of Offense for ("New Law")

Supervised Release/Probation Violators

(06/11/96)

3. SUMMARY OF CHANGES

a. Pages 1 - 8 through 9A. A new penalty provision ((c)(1))

has been added to 18 U.S.C. § 3559 by the VCCLEA.

b. Pages 1 - 11 through 11C. Implementation instructions for

new 18 U.S.C. § 3561(a)(3), which authorizes imposition of a

"split sentence" for a petty offense, are provided.

c. Pages 1 - 14 through 14A. Reference to a rescinded Program

Statement was removed and more definitions were added.

d. Pages 1 - 14B through 14C. Language was added to clarify

the date of offense determination criteria for an escapee.

e. Pages 1 - 14C through 16. Clarification language for

making date of offense determinations is added; the "official

detention" definition is reinforced and further explained.

f. Pages 1 - 16A through 16B. Instructions for determining 18

U.S.C. § 3585(b)(1) credit are expanded.

g. Pages 1 - 17 through 19. Clarification language about

vacated sentences is added.

PS 5880.28

(CN-03) February 14, 1997

Page 2

h. Page 1 - 21 through 23. The title of the official document

to be used for making 18 U.S.C. § 3585(b)(2) determinations was

added and "Willis" and "Kayfez" determination instructions were

expanded.

i. Pages 1 - 23A through 25. Date of offense for a probation

sentence is further explained.

j. Pages 1 - 26 through 27. Redundant information removed.

k. Pages 1 - 31 through 37A. Implementation instructions for

the court's authority to impose a federal sentence to be served

concurrently with, or consecutively to, an existing non-federal

sentence and a clarification about the differences between

sentences imposed at the same or different times is added.

l. Pages 41 through 44A. Instructions about the disallowance

of GCT outside the time limit are amended.

m. Page 50. A change is made to allow staff to officially

award GCT at any time within the 15 days following the

anniversary date or the last six weeks of a sentence as

authorized by statute rather than requiring the official act to

take place on the last possible day to "vest."

n. Page 52. This change reiterates the amendment made to Page

50.

o. Pages 61A through 61B. A guide to monitoring GCT awards

has been added.

p. Pages 69 through 69A. Information about fines as applied

to supervised release violators is added.

q. Pages 1 - 73 through 74. Information is provided about the

court's authority to impose a term of supervised release to

follow a sentence for revocation of supervised release.

4. TABLE OF CHANGES

Remove Insert

Pages 1 - 8 and 1 - 9 Pages 1 - 8 - 1 - 9A (CN-03)

Page 1 - 11 Pages 1 - 11 - 1 - 11C

(CN-03)

Pages 1 - 14 - 1 - 16A Page 1 - 14 - 1 - 16A

(CN-02) (CN-03)

Pages 1 - 17 - 1 - 19 Pages 1 - 17 - 1 - 19

(CN-03)

Pages 1 - 21 - 1 - 24D Pages 1 - 21 - 1 - 24D

(CN-02) (CN-03)

PS 5880.28

(CN-03) February 14, 1997

Page 3

Remove Insert

Pages 1 - 25 - 1 - 27 Pages 1 - 25 - 1 - 27 (CN-03)

Pages 1 - 31 - 1 - 37 Pages 1 - 31 - 1 - 37

(CN-03)

Pages 1 - 41 - 1 - 44 Pages 1 - 41 - 1 - 44A

(CN-03)

Page 1 - 50 Page 1 - 50 (CN-03)

Page 1 - 52 Page 1 - 52 (CN-03)

Pages 1 - 61A and 1 - 61B

(CN-03)

Page 1 - 69 (CN-02) Pages 1 - 69 and 1 - 69A

(CN-03)

Pages 1 - 73 and Pages 1 - 73 - 1 - 74

1 - 74 (CN-02) (CN-03)

5. ACTION. File this Change Notice in front of PS 5880.28, the

Sentence Computation Manual (CCCA of 1984).

\s\

Kathleen M. Hawk

Director

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5880.28

CHANGE NOTICE NUMBER: CN-02

DATE: July 29, 1994

1. PURPOSE AND SCOPE. This Change Notice includes more

definitive and broader instructions for the implementation of the

Sentencing Reform Act of 1984 and the adoption of U.S. Courts of

Appeals decisions.

2. DIRECTIVES RESCINDED

O.M. 284-93 Computing Foreign Treaty Sentences

Established by the United States Parole

Commission (12/17/93)

O.M. 035-94 Prior Custody Credit for Ninth Circuit

Guideline Sentences (03/11/94)

3. SUMMARY OF CHANGES

a. Pages 1 - 3. The first paragraph was expanded to include

additional offenses that should be treated the same as a

conspiracy offense for date of offense purposes.

b. Pages 1 - 12 and 12A. The instructions for a "full day

served on the sentence" were expanded.

c. Pages 1 - 14 through 14I. A definition for "Date of

Offense" and implementing instructions were added.

d. Pages 1 - 15 through 16A: The "Official Detention"

definition was broadened to provide more information for defining

"Official Detention."

e. Pages 1 - 20 through 21. The instructions for awarding

presentence/prior custody time to concurrent "Old Law" and SRA

sentences were clarified.

f. Page 1 - 22. An additional reason for awarding state

presentence time credit was added.

P.S. 5880.28

CN-02, July 21, 1994

Page 2

g. Pages 1 - 22A through 23. A Seventh Circuit U.S. Court of

Appeals decision that requires the awarding of additional state

presentence time credit in specific circumstances was adopted for

nationwide application.

h. Pages 1 - 23A through 24. A Ninth Circuit Court of Appeals

decision that requires the award of time spent in a community

facility under certain circumstances was adopted for only those

prisoners sentenced in the Ninth Circuit.

i. Pages 1 - 24D. The effect of a civil contempt sentence in

relation to other sentences is discussed.

j. Pages 1 - 66. Instructions for the processing and handling

of the Probation 7A form (Conditions of Probation and Supervised

Release) were eliminated.

k. Pages 1 - 67. Clarifying language as to the treatment of a

special assessment or an order of restitution in relation to a

fine was added.

l. Pages 1 - 68. Language was added about processing fines.

m. Pages 1 - 70 and 71. Information was added to provide

instructions for supervised release (SR) terms in multiple count

or sentence situations and the treatment of the SR term in a

combination of "Old Law" and SRA sentences. A reference to the

instructions for an "Old Law" SR term was also added.

n. Pages 1 - 74. The amendment to this page adds a statement

about the treatment of prior custody time, that was not awarded

on the originally imposed sentence, in relation to an SR

revocation term.

o. Pages 1 - 75. A SENTRY code is established for a

"Supervised Release Violator."

p. Pages 1 - 90. Revised instructions for the award of jail

time credit to an SRA Anniversary Date was added.

q. Pages 1 - 92 through 94I. This section, pertaining to the

calculation of foreign treaty sentences, was amended to reflect

the adoption of a similar decision from three U.S. Courts of

Appeals.

4. TABLE OF CHANGES

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Table of Contents Table of Contents

Pages 1 - 3 Page 1 - 3 (CN-2)

P.S. 5880.28

CN-02, July 21, 1994

Page 3

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Pages 1 - 12 Pages 1 - 12 and 1 - 12A

(CN-2)

Pages 1 - 14 Pages 1 - 14, 1 - 14A,

1 - 14B, 1 - 14C,

1 - 14D, 1 - 14E,

1 - 14F, 1 - 14G,

1 - 14H and 1 - 14I

(CN-2)

Pages 1 - 15 1 - 15 and 1 - 15A (CN-2)

Pages 1 - 16 1 - 16 and 1 - 16A (CN-2)

Pages 1 - 20.1 (CN-1) Pages 1 - 20, 1 - 20A and

and 1 - 20.2 (CN-1) 1 - 20B (CN-2)

Pages 1 - 21 Page 1 - 21 (CN-2)

Pages 1 - 22.1 (CN-1) and Pages 1 - 22, 1 - 22A,

1 - 22.2 (CN-1) 1 - 22B and 1 - 22C

(CN-2)

Pages 1 - 23 Pages 1 - 23 and 1 - 23A

(CN-2)

Pages 1 - 24 Pages 1 - 24, 1 - 24A,

1 - 24B, 1 - 24C and

1 - 24D (CN-2)

Pages 1 - 66, 1 - 67, 1 - 68, Pages 1 - 66, 1 - 67,

1 - 69, 1 - 70, 1 - 71, 1 - 68, 1 - 69, 1 - 70,

1 - 72, 1 - 73, 1 - 74 1 - 71, 1 - 72, 1 - 73,

and 1 - 75 1 - 74 and 1 - 75 (CN-2)

Pages 1 - 90 Pages 1 - 90 (CN-2)

Pages 1 - 92 (CN-1) and Pages 1 - 92 and 1 - 93

1 - 93 (CN-1) (CN-2)

Pages 1 - 94.1 (CN-1), Pages 1 - 94, 1 - 94A,

1 - 94.2 (CN-1), 1 - 94.3 1 - 94B, 1 - 94C,

(CN-1), 1 - 94.4 (CN.1) and 1 - 94D, 1 - 94E,

1 - 94.5 (CN-1) 1 - 94F, 1 - 94G,

1 - 94H and 1 - 94I

(CN-2)

Foreign Release and

Supervision Tab

Pages 1 - 95 and 1 - 96 Pages 1 - 95 and 1 - 96

(CN-2)

5. ACTION. File this Change Notice in front of the Program

Statement which accompanies the Sentence Computation Manual (CCCA

of 1984).

\s\

Kathleen M. Hawk

Director

U.S. Department of Justice

Federal Bureau of Prisons

DIRECTIVE BEING CHANGED: 5880.28

CHANGE NOTICE NUMBER: CN-01

DATE: January 5, 1993

1. PURPOSE: To clarify the language in the Sentence Computation

Manual (SCM) (CCCA of 1984) pertaining to the application of

presentence/prior custody time credits to "old law" and

Sentencing Reform Act (SRA) terms; the order in which inoperative

and prior custody time are applied to a sentence; and computation

of a foreign treaty sentence.

2. SUMMARY OF CHANGES: This Change Notice clarifies the

application of presentence/prior custody time credits to

concurrent "old law" and Sentencing Reform Act terms. It also

specifies when non-federal time does not apply to a federal

sentence. Further, the order in which inoperative time and prior

custody time credit is applied to a sentence is restated to

reflect the proper order. The CN clarifies the application of

Good Conduct Time credits, under the provisions of 18 USC

§ 3624(b), as referred to in 18 USC § 4205(c)(1),(2) and (3), for

foreign treaty sentences when the offense occurred on or after

November 1, 1987. These changes provide broader and more

definitive instructions for computing SRA sentences.

3. TABLE OF CHANGES: Replace and insert the following pages:

Remove Insert

P.S. 5880.28, Pages 1 - 20 P.S. 5880.28 (CN-1),

and 1 - 22 Pages 1 - 20.1, 1 -20.2,

1 - 22.1 and 22.2

P.S. 5880.28, Page 1 - 30 P.S. 5880.28 (CN-1),

Page 1 - 30

P.S. 5880.28, Pages 1 - 92 P.S. 5880.20, CN-1,

through 1 - 94 Pages 92 through 1 -94.5

4. ACTION: File this Change Notice in front of the Program

Statement which accompanies the SCM (CCCA of 1984).

/s/

Kathleen M. Hawk

Director

Program

Statement

U.S. Department of Justice

Federal Bureau of Prisons

OPI: CPD

NUMBER: 5880.28

DATE: CN-06, 7/19/99

SUBJECT: Sentence Computation

Manual (CCA of 1984)

1. PURPOSE AND SCOPE. This Program Statement transmits the

"Sentence Computation Manual" which establishes the policies and

procedures for the computation of sentences imposed for

violations of the United States Code under the statutes of the

Comprehensive Crime Control Act of 1984 (CCCA).

On October 12, 1984, President Reagan signed the Comprehensive

Crime Control Act of 1984 (CCCA) into law. Two major components

of this law, the Sentencing Reform Act of 1984 (SRA) and the

Insanity Reform Act of 1984, completely restructured the

sentencing guidelines and policies of the United States Courts.

After the effective date of the SRA on November 1, 1987, a number

of United States Court decisions found all or parts of the SRA

unconstitutional. As a result, the SRA was implemented

nationally in various ways.

On January 18, 1989, in Mistretta v. U.S., the Supreme Court

considered the constitutionality of the sentencing guidelines and

ruled that the guidelines were constitutional. This Manual

provides instructions for computing sentences imposed under the

CCCA both before and after the Mistretta decision.

2. DIRECTIVES AFFECTED

a. Directives Rescinded. None.

b. Directives Referenced. None.

PS 5880.28

7/19/99

Page 2

3. STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for

Adult Correctional Institutions: 3-4094

b. American Correctional Association 2nd Edition Standards for

Administration of Correctional Agencies: 2-CO-1E-05

c. American Correctional Association 3rd Edition Standards for

Adult Local Detention Facilities: 3-ALDF-1E-03

d. American Correctional Association 3rd Edition Standards for

Adult Boot Camp Programs: 1-ABC-1E-09

4. MCC/MDC/FDC/FTC PROCEDURES. Procedures in this Program

Statement apply to Metropolitan Correctional Centers,

Metropolitan Detention Centers, Federal Detention Centers and

Federal Transportation Centers.

5. DISTRIBUTION. At a minimum, a copy of this Manual will be

placed with the Regional Inmate Systems Manager, each Community

Corrections Manager, the Inmate Systems Manager and all other

staff having responsibility for sentence computation.

/s/

Kathleen Hawk Sawyer

Director

PS 5880.28

CN-7 9/20/99

Table of Contents, Page 1

CHAPTER I--SENTENCING REFORM ACT OF 1984

1. INTRODUCTION ......................1-1

2. COMMITMENT TO THE CUSTODY OF THE BUREAU OF PRISONS . . . 1-4

3. COMPUTATION OF SENTENCE . . . . . . . . . . . . . . . . . 1-5

a. Classification of Offenders and Terms of

Imprisonment....................1-8

b. Commencement (Beginning Date) of Sentence . . . . 1-12

c. Prior Custody Time Credit . . . . . . . . . . . . 1-14

d. Inoperative Time................. 1-28

e. Multiple Sentences of Imprisonment . . . . . . . . 1-31

* e-1 Implementation of Firearm Penalty, 18-924(c)(1). . 1-37a *

f. Release Authority and Release on Other Than a

Weekend or Holiday................ 1-38

g. Good Conduct Time . . . . . . . . . . . . . . . . 1-40

h. Six Month/Ten Percent Period . . . . . . . . . . . 1-62

i. Supervised Release . . . . . . . . . . . . . . . . 1-65

j. One Count Detention and Community Confinement/Home

Detention Sentence . . . . . . . . . . . . . . . . 1-76

k. Implementation of the amendment to 18 U.S.C.

§ 3621 of the Violent Crime Control and Law

Enforcement Act of 1994 (P.L. 103-322) . . . . . . 1-78A

4. COMPUTATION OF STUDY . . . . . . . . . . . . . . . . . 1-79

5. PRE- AND POST-MISTRETTA SRA SENTENCE COMPUTATION

INSTRUCTIONS ..................... 1-82

a. Pre-Mistretta Period . . . . . . . . . . . . . . . 1-83

b. Post-Mistretta Period . . . . . . . . . . . . . . 1-89

6. COMPUTATION OF FOREIGN TREATY SENTENCE . . . . . . . . 1-91

a. Sentence Computation . . . . . . . . . . . . . . . 1-92

7. PROBATION CUSTODY................... 1-97

P.S. 5880.28

February 21, 1992

Page 1 - 1

CHAPTER I--SENTENCING REFORM ACT OF 1984

1. INTRODUCTION

The Sentencing Reform Act of 1984 (SRA) (Public Law 98-473,

Chapter II of the Comprehensive Crime Control Act of 1984 (CCCA))

was enacted into law when then President Reagan signed the CCCA

on October 12, 1984. The SRA was to become effective on November

1, 1986. As a result, however, of the Sentencing Reform

Amendments Act of 1985 (Public Law 99-217, enacted on December

26, 1985), the effective date of the SRA was extended to November

1, 1987.

Since passage of the Sentencing Reform Amendments Act of

1985, the following acts have modified, amended, corrected or

added to the SRA; the Anti-Drug Abuse Act of 1986 (Public Law 99-

570, enacted on October 27, 1986); the Coast Guard Authorization

Act of 1986 (Public Law 99-640 enacted on November 10, 1986); the

Criminal Law and Procedure Technical Amendments Act of 1986

(Public Law 99-646, enacted on November 10, 1986); the Sentencing

Act of 1987 (Public Law 100-182, enacted on December 7, 1987);

the Criminal Fine Improvements Act of 1987 (Public Law 100-185,

enacted on December 11, 1987); the Anti-Drug Abuse Act of 1988

(Public Law 100-690, enacted on November 18, 1988); and the Crime

Control Act of 1990 (Public Law 101-647, enacted on November 29,

1990).

P.S. 5880.28

February 21, 1992

Page 1 - 2

After the effective date of the SRA on November 1, 1987, a

number of United States District and Appellate Court decisions

found all or some parts of the SRA to be unconstitutional. As a

result of those court decisions, the SRA was implemented

nationwide in various ways. Because of the numerous different,

and sometimes conflicting, court decisions, the Supreme Court

considered the constitutionality of the sentencing guidelines in

late 1988 and early 1989. On January 18, 1989, in Mistretta v.

U.S., 109 S.Ct. 647, 488 U.S. 361, the Supreme Court ruled that

the guidelines are constitutional.

For offenses that were committed on or after November 1,

1987 but prior to January 18, 1989, special instructions were

issued by the Bureau of Prisons (BOP) for computation of those

sentences affected by court decisions that found the SRA to be

unconstitutional in some way.

Those instructions have been consolidated and are more fully

explained in Chapter I, Part 5.

For an offense that occurred on or after November 1, 1987,

that resulted in a sentence not affected by a court decision, an

SRA sentence is implemented in accordance with the instructions

contained in Chapter I, Part 3.

P.S. 5880.28

Page 1 - 3

CN-02, July 29 1994

* An offense that began prior to, but not completed until on

or after November 1, 1987, is subject to the SRA. (See Statement

By President Ronald Reagan Upon Signing S. 1822 (Public Law 100-

182, 101 Stat. 2135-2136, dated December 14, 1987).) The BOP

treats conspiracy and escape offenses and absconding from

bail/bond/Own Recognizance or an order to appear in court in the

same manner. Additionally, the last act of misconduct in a

single "specification" or "violation" that causes a term of

supervised release or probation to be revoked shall also be

treated in the same manner. (See para. 3.c. for definition of

date of offense.) *

A sentence imposed for an offense that occurred prior to

November 1, 1987 ("old law" sentence) cannot be aggregated with a

sentence imposed for an offense that occurred on or after

November 1, 1987 (SRA or "new law" sentence).

If a multi-count indictment contains an offense(s) that was

completed before November 1, 1987, and an offense(s) that was

completed on or after November 1, 1987, then those pre and post

SRA counts shall be treated separately (not aggregated) and the

sentences shall be computed in accordance with the sentencing

laws in affect at the time of the completion of those offenses.

If one or more of the counts in the indictment is consecutive,

then the consecutive count shall be placed as a detainer until

release from the preceding sentence occurs.

P.S. 5880.28

February 21, 1992

Page 1 - 4

2. COMMITMENT TO THE CUSTODY OF THE BUREAU OF PRISONS

Under 18 USC § 3621, the BOP is required to provide the

custody and to determine the place of imprisonment for all

sentenced federal prisoners. (See the Program Statement on

Security Designation and Custody Classification.)

Subsection (a) of Section 3621 states in part, "A person who

has been sentenced to a term of imprisonment . . . shall be

committed to the custody of the Bureau of Prisons until the

expiration of the term imposed, or until earlier released for

satisfactory behavior pursuant to the provisions of section

3624."

Subsection (b) of Section 3621 states in part, "The Bureau

of Prisons shall designate the place of the prisoner's

imprisonment."

P.S. 5880.28

February 21, 1992

Page 1 - 5

3. COMPUTATION OF SENTENCE

For an offense that occurred on or after November 1, 1987,

that resulted in a sentence not affected by a court decision, an

SRA sentence shall be implemented in accordance with the

instructions contained in this part.

An offense that began prior to, but not completed until on

or after November 1, 1987, is subject to the SRA. (See Statement

By President Ronald Reagan Upon Signing S. 1822 (Public Law 100-

182, 101 Stat. 2135-2136, dated December 14, 1987).) The BOP

treats a conspiracy offense in the same manner.

A sentence imposed for an offense that occurred prior to

November 1, 1987 ("old law" sentence) shall not be aggregated

with a sentence imposed for an offense that occurred on or after

November 1, 1987 (SRA or "new law" sentence).

If a multi-count indictment contains an offense(s) that was

completed before November 1, 1987, and an offense (s) that was

completed on or after November 1, 1987, then those pre- and post-

SRA counts shall be treated separately (not aggregated) and the

sentences shall be computed in accordance with the sentencing

laws in affect at the time of the completion of those offenses.

If one or more of the counts in the indictment is consecutive,

then the consecutive count

P.S. 5880.28

February 21, 1992

Page 1 - 6

shall be placed as a detainer until release from the preceding

sentence occurs.

There are several different documents that may be reviewed

to determine the date of the offense and they are the federal

judgment and commitment (J&C), the indictment and the Presentence

Investigation (PSI) report. If none of the documents contain the

date of the offense, or if there is a conflict among the

documents about the date of the offense, or if the inmate

challenges the date of offense (See U.S. v. Bloom, 945 F.2d 14

(2d Cir., 1991)) as determined by ISM staff, then, in accordance

with the procedures set forth in the Inmate Systems Management

Manual, the court shall be contacted to ascertain the correct

offense date. These procedures apply to any situation where it

is necessary to obtain a correct date of offense for sentence

monitoring purposes.

The Sentence Procedure Code (SPC) and narrative for a

sentence imposed under the SRA is:

SPC = 0080 3559 SRA Sentence

A number of sections are activated when a sentence under the

SRA is imposed and those sections are discussed in this manual.

P.S. 5880.28

February 21, 1992

Page 1 - 7

Any Judgment and Commitment or other court order that

requires a sentence to be computed in a manner not consistent

with the instructions contained in this manual shall be referred

to the appropriate Regional Inmate Systems Administrator.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 8

a. Classification of Offenders and Terms of

Imprisonment. The SRA contains two sections that pertain to the

classification of offenses and the terms of imprisonment that can

be imposed depending upon the offense classification. Those two

sections are 18 U.S.C. § 3559 and 18 U.S.C. § 3581 and they are

presently in conflict in a number of letter grade

classifications. While this conflict presents no special offense

classification or computation problem, the differences between

the two sections need to be pointed out.

* 18 U.S.C. § 3559 states,

(a) Classification.-- An offense that is

not specifically classified by a letter grade

in the section defining it, is classified if

the maximum term of imprisonment authorized

is--

(l) life imprisonment, or if the maximum

penalty is death, as a Class A felony;

(2) twenty-five years or more, as a

Class B felony;

(3) less than twenty-five years but ten

or more years, as a Class C felony;

(4) less than ten years but five or more

years, as a Class D felony;

(5) less than five years but more than

one year, as a Class E felony;

(6) one year or less but more than six

months, as a Class A misdemeanor;

(7) six months or less but more than

thirty days, as a Class B misdemeanor;

(8) thirty days or less but more than

five days, as a Class C misdemeanor; or

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 9

(9) five days or less, or if no

imprisonment is authorized, as an infraction.

18 U.S.C. § 3559(c)(1) states further,

(1) MANDATORY LIFE IMPRISONMENT.--

Notwithstanding any other provision of law, a

person who is convicted in a court of the

United States of a serious violent felony

shall be sentenced to life imprisonment if--

(A) the person has been

convicted (and those convictions

have become final) on separate

prior occasions in a court of the

United States or of a State of--

(i) 2 or more serious

violent felonies; or

(ii) one or more serious

violent felonies and one or more

serious drug offenses; and

(B) each serious violent

felony or serious drug offense used

as a basis for sentencing under

this subsection, other than the

first, was committed after the

defendant's conviction of the

preceding serious violent felony or

serious drug offense.

18 U.S.C. § 3581 establishes the classes of

offenses and the authorized terms of imprisonment for each.

Section 3581 states,

(a) In general.-- A defendant who has

been found guilty of an offense may be

sentenced to a term of imprisonment.

(b) Authorized terms.-- The authorized

terms of imprisonment are--

(l) for a class A felony, the

duration of the defendant's life or any

period of time;

PS 5880.28

(CN-03) February 14, 1997

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(2) for a Class B felony, not more

than twenty-five years;

(3) for a Class C felony, not more

than twelve years;

(4) for a Class D felony, not more

than six years;

(5) for a Class E felony, not more

than three years;

(6) for a Class A misdemeanor, not

more than one year;

(7) for a Class B misdemeanor, not

more than six months;

(8) for a Class C misdemeanor, not

more than thirty days; and

(9) for an infraction, not more

than five days. *

P.S. 5880.28

February 21, 1992

Page 1 - 10

The following comparison chart points up the

penalty differences between Sections 3559 and 3581:

3559 3581

(1) Class A felony, life or (1) Class A felony, life

death. or any period of time.

(2) Class B felony, 25 years (2) Class B felony, not

or more. more than 25 years.

(3) Class C felony, less than (3) Class C felony, not

25 years but 10 or more years. more than 12 years.

(4) Class D felony, less than (4) Class D felony, not

10 years but 5 or more years. more than 6 years.

(5) Class E felony, less than (5) Class E felony, not

5 years but more than 1 year. more than 3 years.

(6) Class A misdemeanor, 1 year (6) Class A misdemeanor,

or less but more than 6 not more than 1 year.

months.

(7) Class B misdemeanor, 6 months (7) Class B misdemeanor,

or less but more than 30 days. not more than 6 months.

(8) Class C misdemeanor, 30 days (8) Class C misdemeanor,

or less but more than 5 days. not more than 30 days.

(9) Infraction, 5 days or less (9) Infraction, not more

if no imprisonment than 5 days.

authorized.

As of the publication date of this manual, all

sentence classifications continue to be determined by 18 USC §

3559 since those offenses that result from laws enacted since

November 1, 1987, the effective date of the SRA, do not include a

letter grade that identifies the offense classification under 18

USC § 3581. Penalties for the violation of laws enacted since

the effective date of the SRA

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 11

are still being included in the same manner as the pre-SRA and;

therefore, must be classified under the provisions of 18 U.S.C. §

3559.

If offenses begin to include a letter grade classification

sometime in the future, then a Sentence Procedure Code for 18

U.S.C. § 3581 will be established at that time.

*

The court may, in addition to a term of imprisonment for a

petty offense, include a period of probation as authorized under

18 U.S.C. § 3561(a)(3) which states in part,

(a) In general.--A defendant who has been

found guilty of an offense may be sentenced

to a term of probation unless--. . .

(3) the defendant is sentenced at the

same time to a term of imprisonment for the

same or a different offense that is not a

petty offense.

(Note: A term of supervised release may not be imposed for a

petty offense (18 U.S.C. § 3583(b)(3).)

A petty offense is defined under 18 U.S.C. § 19 and states,

As defined in this title, the term

"petty offense" means a Class B misdemeanor,

a Class C misdemeanor, or an infraction, for

which the maximum fine is no greater than the

amount set forth for such an offense in

section 3571(b)(6) or (7) in the case of an

individual or section 3571(c)(6) or (7) in

the case of an organization.

The imprisonment terms that may be imposed for a petty

offense under 18 U.S.C. § 3559(a) states in part,

(7) six months or less but more than

thirty days, as a Class B misdemeanor,

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 11A

(8) thirty days or less but more than

five days, as a Class C misdemeanor, or

(9) five days or less, or if no

imprisonment is authorized, as an infraction.

18 U.S.C. § 3561 further reads in part,

(b) Authorized terms.--The authorized

terms of probation are--. . .

(2) for a misdemeanor, not more

than five years; and

(3) for an infraction, not more

than one year.

Based on the definition of a petty offense in 18 U.S.C. §

19, the maximum term of imprisonment that may be imposed under 18

U.S.C. § 3559(a), subsections (7), (8) and (9), is six months and

the maximum period of probation that may be imposed under 18

U.S.C. § 3561(b), subsections (2) and (3), is five years.

Any term of imprisonment imposed for a petty offense shall

be treated in the same manner as any other sentence imposed under

the SRA and shall be entered into SENTRY under the SPC of 0080

3559 SRA Sentence. The period of probation imposed shall be

entered into the SENTRY field provided for that purpose. The

period of probation is, of course, under the jurisdiction of the

sentencing court and the supervising U.S. Probation Office. The

prisoner shall be referred to the supervising U.S. Probation

Office for any questions about the manner in which the term of

probation is to be served or implemented. A sentence imposed for

probation revocation under 18 U.S.C. § 3565(a) states in part

that the court may--

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 11B

(2) revoke the sentence of probation and

impose any other sentence that was available

under subchapter A at the time of initial

sentencing.

(Note: Subchapter A, of Chapter 227--Sentences, provides

the General Provisions for the imposition of sentences under the

SRA.)

Any term of imprisonment imposed for a petty offense as the

result of probation revocation shall be treated in the same

manner as any other sentence imposed for probation revocation

under the SRA and shall be entered into SENTRY under the SPC of

0080 3559 SRA Sentence. The probation revocation sentence shall

be computed as beginning on the date that the probation is

revoked, provided the prisoner is in exclusive federal custody

based on the probation violator warrant. If there is one or more

sentences in operation at the time the probation revocation

sentence is imposed, then the provisions of 18 U.S.C. § 3584

(Multiple sentences of imprisonment) shall apply.

Any prior custody time awarded to, or time spent serving the

originally imposed imprisonment term for the petty offense, shall

not be carried over to the probation revocation sentence. If the

court, however, imposes a probation revocation sentence that,

when added to the original term of imprisonment, exceeds the

maximum for the offense, then ISM Staff, following the procedures

set forth in the Inmate Systems Management Manual, shall notify

the appropriate U.S. Attorney of the apparent excessive sentence

and request assistance in resolving the matter. *

PS 5880.28

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Each judgment and commitment must be carefully monitored to

assure that a sentence imposed under 18 U.S.C. §§ 3559 or 3581 is

within the time range of the violated statute. Any discrepancy

as to the length of the imposed sentence should be referred to

the U.S. Attorney as outlined in the Inmate Systems Management

Manual.

The sentence of imprisonment is added to the commencement

(beginning) date of sentence to arrive at a full term date of

sentence. The full term date can be affected by prior custody

time credit and inoperative time as well as the imposition of

concurrent or consecutive terms, all of which are covered in this

Manual.

P.S. 5880.28

Page 1 - 12

CN-02, July 29 1994

b. Commencement (Beginning Date) of Sentence. 18

U.S.C. § 3585(a) establishes the rule for commencement of

sentence and states, "(a) Commencement of sentence.-- A sentence

to a term of imprisonment commences on the date the defendant is

received in custody awaiting transportation to, or arrives

voluntarily to commence service at, the official detention

facility at which the sentence is to be served." If the prisoner

is serving no other federal sentence at the time the sentence is

imposed, and is in exclusive federal custody (not under the

jurisdiction of a federal writ of habeas corpus ad prosequendum)

at the time of sentencing on the basis of the conviction for

which the sentence is imposed, the sentence commences on the date

of imposition, even if a state sentence is running along

concurrently. If the prisoner is, however, serving another

federal sentence at the time a new sentence is imposed, then 18

U.S.C. § 3584 (Multiple sentences of imprisonment) must be

followed as discussed in paragraph e. of this chapter.

*

The Bureau of Prisons calculates any part of a day in

custody serving sentence as a full day served on the sentence

(See Chapter I, paragraph 3.d., third subparagraph) and any part

of a day in official detention as a full day for prior custody

time credit purposes (See Chapter I, paragraph 3.c.(1)). In

those cases, however, when the court imposes a sentence for a

term of hours, the exact number of hours imposed must be served,

regardless of whether the sentence is for more or less than 24

P.S. 5880.28

Page 1 - 12A

CN-02, July 29 1994

hours and regardless of whether the number of hours imposed

crosses one or more midnights. For example, if a sentence of six

hours is imposed and that sentence commences at 11:00 PM, then

the sentence would not terminate until 5:00 AM the next day.

A sentence that is imposed in the form of hours

commences at the time it is imposed, provided the person is in

exclusive federal custody. If another U.S. Code or D.C. Code

sentence is in operation, then 18 U.S.C. § 3584 (See Chapter I,

paragraph e.) would, of course, apply. If the person is ordered

to voluntarily surrender, then the sentence would not commence

until that person arrived at the designated facility to serve the

sentence (See Chapter I, paragraph 3.b., third subparagraph). *

If the prisoner is released from physical custody

pending appeal on the same day that the sentence is imposed, and

no other sentence is involved, then the sentence shall be stayed

(shall not begin to run) until the prisoner enters custody for

service of that sentence. (See Rule 38 of the Federal Rules of

Criminal Procedure.) If the prisoner is released pending appeal

subsequent to the day of sentencing, then the sentence shall

begin to run on the date of sentencing and shall become

inoperative the day after the prisoner is physically released.

P.S. 5880.28

February 21, 1992

Page 1 - 13

If the court authorizes a prisoner to voluntarily surrender,

as described in the Program Statement on Unescorted Trips and

Voluntary Surrenders, to the detention facility at which the

sentence is to be served, then the sentence does not commence

until the prisoner arrives at the designated facility. If the

prisoner is retained in federal custody after sentencing for any

days prior to departure for voluntary surrender to the designated

facility, then that time, including the date of sentencing, shall

be treated as presentence time credit.

A prisoner who is in non-federal custody at the time of

sentencing may begin service of the federal sentence prior to

arriving at the designated federal facility if the non-federal

facility is designated in accordance with the Program Statement

on Designation of State Institution for Service of Federal

Sentence and 18 USC § 3621 (Imprisonment of a convicted person).

This type of designation is ordinarily made only upon the

recommendation of the sentencing court.

In no case can a federal sentence of imprisonment commence

earlier than the date on which it is imposed.

PS 5880.28

(CN-03) February 14, 1997

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c. Prior Custody Time Credit. The SRA includes a new

statutory provision, 18 U.S.C. § 3585(b), that pertains to

"credit for prior custody" and is controlling for making time

credit determinations for sentences imposed under the SRA. Title

* 18 U.S.C. § 3568, repealed effective November 1, 1987, as

implemented by the "Old Law" Sentence Computation Manual, remains

the controlling statute for all sentences imposed for offenses

that occurred on or after September 20, 1966 up to November 1,

1987.

*

Statutory Authority: Prior custody time credit is

controlled by 18 U.S.C. § 3585(b), and states, "A defendant shall

be given credit toward the service of a term of imprisonment for

any time he has spent in official detention prior to the date the

sentence commences--

(1) as a result of the offense for which

the sentence was imposed; or

(2) as a result of any other charge for

which the defendant was arrested after the

commission of the offense for which the

sentence was imposed;

that has not been credited against another sentence."

Definitions:

* Raw EFT: The Raw EFT for both a federal and non-federal

sentence is determined by adding the total length of the sentence

to be served to the beginning date of the sentence resulting in a

full term date of sentence (Raw EFT) that does not include any

time credit, e.g., presentence or prior custody time or good

time. (Inoperative time that may affect either the state or

federal Raw EFT shall be referred to the RISA for assistance.)

PS 5880.28

(CN-03) February 14, 1997

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Qualified non-federal presentence time: Time spent in non-

federal presentence custody from the date of the federal offense,

that does not overlap any other authorized prior custody time

credits, to the date the first sentence begins to run, federal or

non-federal, is qualified non-federal presentence time.

Date of offense:

(1) The date of offense for a new conviction (as

shown on the judgement and commitment) is the date on which the

criminal act takes place, or the date on which the ongoing *

criminal activity ends, as charged in a single count. In a

multiple count judgment and commitment, the earliest

date of offense for the multiple counts shall be controlling for

prior custody time credit determinations. Some examples follow:

(a) Bank robbery. The date of the bank

robbery is the date of offense regardless of when the identity of

the offender is discovered or when the arrest occurs.

(b) Bank fraud. Bank fraud may be a single

criminal event, such as a bank robbery, or it may be a continuing

type of offense that will span several days, months or years. In

a continuing offense that involves more than one episode of bank

fraud, as charged in one count, the date of offense is the date

on which the criminal activity ends for that count.

(c) Conspiracy. A conspiracy is a

continuing type of criminal activity that ends when the

conspiracy discontinues or when an individual who is

participating in a conspiracy terminates participation in the

conspiracy.

PS 5880.28

(CN-03) February 14, 1997

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(d) Escape. An escape is a continuing type

of criminal offense that continues until the escapee is

apprehended. The date of offense, therefore, for a person who

escapes from service of a sentence, is the date on which the

escapee is apprehended by federal agents for the escape or for

another federal offense. Since the sentence from which the

prisoner escaped resumes immediately upon federal apprehension,

regardless of the reason, there will be no official detention

time to award under 18 U.S.C. § 3585(b)(1). In the unlikely

event that a person avoids detection as an escapee after arrest

on another federal charge and is released from that charge

without being taken into federal custody as an escapee, then the

date of offense will not be the date on which that arrest

occurred.

If an escapee is arrested by a non-federal

agency, the date of offense for any subsequent charge of escape

will be the date on which the escapee is apprehended for the non-

* federal offense, regardless of the date on which federal

authorities learn that the escapee was in non-federal custody,

provided the knowledge is acquired while the escapee is still in

non-federal custody. Verification that federal authorities had *

knowledge that the escapee was in non-federal custody can be

substantiated if a U.S. Marshal filed a detainer or if the U.S.

Marshal takes custody of the person immediately upon release from

the non-federal agency.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14C

Credit for time spent in non-federal official

detention, for which the non-federal agency gave no time credit

(18 U.S.C. § 3585(b)(2)) after the date of offense for the

escape, shall be given only on the sentence imposed for the

escape. Any escape sentence that results will be ordered to run

consecutively to the sentence from which the escape occurred

(§5G1.3(a), U.S. Sentencing Commission Guidelines Manual). If no

federal sentence results from the escape, then any time credit

that the state failed to award on its sentence shall not be *

awarded towards the original federal sentence from which the

*

inmate escaped since the non-awarded state time would have

occurred after the date that the federal sentence commenced. The

federal sentence from which the escape occurs shall remain

inoperative until the prisoner is returned to exclusive federal

custody, unless the Regional Director designates the state

institution as the place to continue service of the federal

sentence.

A person who escapes from a sentence imposed

prior to November 1, 1987 (an "Old Law" sentence) and who is

apprehended on or after November 1, 1987, will be sentenced (if

convicted for escape) under the SRA since the date of offense,

for this continuing type of offense, will have occurred on or

after November 1, 1987.

* (2) The date of offense for a prisoner whose

supervised release or probation has been revoked shall be the

date of the offense which led to the original sentence. Inmates

shall be given prior custody time credits for time spent in

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14D

official detention regardless of whether such detention predated

the conduct that led to the revocation. Any time spent in

official detention prior to the beginning date of the original

sentence that was not awarded to the original sentence or any

other sentence shall be given to the revocation term. If a

prisoner is released late ("past due") because of staff error, a

court order or executive clemency and is later returned as a

supervised release or probation violator, the late release time

shall be awarded on the supervised release or probation violator

term.

(3) The date of offense for a person who commits

the offense of Failure to Appear (also termed Bail Jumping), as a

result of absconding, and who is arrested by a federal agency,

will be the date on which the absconder is apprehended,

regardless of whether the apprehension was for absconding or for

another federal offense. (In the unlikely event that a person

avoids detection as an absconder after arrest on another federal

charge and is released from that charge without being taken into

federal custody as an absconder, then the date of offense will

not be the date on which the arrest occurred.)

If a Failure to Appear absconder is arrested by a non-

federal agency, the date of offense will be the date on which the

absconder is apprehended for the non-federal offense, regardless

of the date on which federal authorities learn that the absconder

was in non-federal custody, provided the knowledge is gained

while the absconder is still in non-federal custody.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14E

Verification that federal authorities had knowledge that the

absconder was in non-federal custody can be substantiated if a

U.S. Marshal filed a detainer or if the U.S. Marshal takes

custody of the person immediately upon release from the non-

federal agency.

If the person is subsequently convicted and sentenced

for Failure to Appear, then the date of apprehension as an

absconder will be the date of offense for the sentence imposed as

a result of the Failure to Appear offense. Any time spent in

non-federal official detention for which the non-federal agency

gave no time credit after the date of the offense (18 U.S.C. §

3585(b)(2)) shall be given on the Failure to Appear sentence.

Any time spent in federal official detention after the date of

offense shall, of course, be given under the provisions of 18

U.S.C. § 3585(b)(1). *

The absconder date of offense has a special

significance for a person admitted to bail prior to November 1,

1987 or for the person who failed to appear in court on a certain

date prior to November 1, 1987. In those situations, if the

absconder's date of offense, i.e., the date of offense for the

Failure to Appear offense, is prior to November 1, 1987, then

"Old Law" sentencing provisions will apply but if the absconder's

date of offense is on or after November 1, 1987, then SRA

sentencing provisions shall apply. This position is based on the

rationale that a Failure to Appear offense is a continuing type

of crime that, once begun, does not terminate or end until the

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14F

person (absconder) is apprehended. This offense, therefore, is

treated in the same manner as a conspiracy offense.

Official detention. "Official detention" is defined,

for purposes of this policy, as time spent under a federal

detention order. This also includes time spent under a detention

order when the court has recommended placement in a less secure

environment or in a community based program as a condition of

*presentence detention. In addition, on occasion it is necessary

for the court to order placement in a less secure environment or

in a community based program (including D.C. Department of

Corrections' programs such as work release) because of

overcrowding in the local place of detention. A person under

these circumstances remains in "official detention", subject to

the discretion of the Attorney General and the U.S. Marshals' *

Service with respect to the place of detention. Those defendants

placed in a program and/or residence as a condition of detention

are subject to removal and return to a more secure environment at

the discretion of the Attorney General and the U.S. Marshals'

Service, and further, remain subject to prosecution for escape

from detention for any unauthorized absence from the

* program/residence. (If there is any question as to whether such

a defendant was in fact under the jurisdiction of the U.S.

Marshals' Service, i.e., in the custody of the Attorney General,

staff shall contact the appropriate U.S. Marshal for

verification.) Such a defendant is not eligible for any credits

while released from detention.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14G

In Reno v. Koray, 115 S.Ct 2021 (1995), the

U.S. Supreme Court held that time spent under restrictive

conditions of release (including time spent in a community

treatment center (CCC) or similar facility) was not official

detention entitling an inmate to prior custody time credit under

18 U.S.C. § 3585(b). The court found that the interaction of the

Bail Reform Act and 18 U.S.C. § 3585(b) supported the Bureau of

Prisons' interpretation that a defendant is either released (with

no credit for time under conditions of release) or detained (with

credit for time in official detention).

Koray has also overruled Brown v. Rison, 895 F.2d

895 (9th Cir. 1990). As a result, the awarding of presentence

time credit under 18 U.S.C. § 3568 for time spent under

restrictive conditions shall also be discontinued. Brown is the

Ninth Circuit case that required the Bureau of Prisons to give

time credit to a sentence for time spent in a CCC or similar

facility.

The Koray decision means, therefore, that time

spent in residence in a CCC or similar facility as a result of

the Pretrial Services Act of 1982 (18 U.S.C. § 3152-3154), or as

a result of a condition of bond or release on own recognizance

(18 U.S.C. § 3141-3143, former 3146), or as a condition of

parole, probation or supervised release, is not creditable to the

service of a subsequent sentence. In addition, a release

condition that is "highly restrictive," and that includes "house

arrest", "electronic monitoring" or "home confinement"; or such

as requiring the defendant to report daily to the U.S. Marshal,

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 14H

U.S. Probation Service, or other person; is not considered as

time in official detention. In short, under Koray, a defendant

is not entitled to any time credit off the subsequent sentence,

regardless of the severity or degree of restrictions, if such

release was a condition of bond or release on own recognizance,

or as a condition of parole, probation or supervised release.

Any sentence computed for the first time before

June 5, 1995, and that sentence reflects an award of prior

custody time credits for time spent in a CCC or similar facility

shall retain any credits applied, regardless of any sentence

recomputation (e.g., for an addition or loss of prior custody

time credits or modification of sentence, or as the result of a

vacated sentence, including a sentence that was imposed after a

retrial) that occurs on or after June 5, 1995.

Any sentence, computed for the first time on or

after June 5, 1995, which reflects an award of prior custody time

credits for time spent in a CCC or similar facility under

conditions of release, that was not the result of a court order,

shall be recomputed to void such credit.

If it is discovered during a sentence

recomputation on or after June 5, 1995, that time was spent in a

CCC or similar facility that should have been awarded as the

result of a sentence computation performed prior to June 5, 1995,

but was not awarded, such time shall not be given on the

recomputation unless the court had ordered that such credit be

given.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 15

CCC or similar facility time that was awarded to a

sentence that was calculated for the first time prior to June 5,

1995 because the inmate was committed to the Bureau of Prisons in

error (e.g., premature release from non-federal custody or U.S.

Marshals' failure to return an inmate to the proper non-federal

jurisdiction after release on a writ) shall be canceled if the

subsequent recomputation occurs on or after June 5, 1995, unless

the court had ordered that such credit be given.

Any court order, regardless of when it was issued,

that awards prior custody time credits for time spent in a CCC or

similar facility, or for time spent under other forms of

restrictive conditions of release, for a sentence computed for

the first time on or after June 5, 1995, shall be referred to the

RISA. The RISA and the Regional Counsel shall contact the

Assistant U.S. Attorney who prosecuted the case and request that

a Motion for Reconsideration or an appeal be filed based on the

decision in Koray. The inmate shall retain the credit as long as

the court order remains in effect.

The USM-129 will on occasion show that a defendant

was in custody for one day. In such a case, staff may credit

that one day without further verification.

If an inmate states that he was in prior custody

for a day, or days, that was not shown on the USM-129, then staff

shall attempt to verify the inmate's claim with the arresting

agency even if the PSI substantiates the claim. These situations

usually arise when a defendant is issued a summons to appear

before the court in a criminal matter. After the hearing, if the

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 15A

defendant returns to the community without being placed on bail

or on "own personal recognizance," then that defendant is not

entitled to that day in court as a day in "official detention" on

a subsequent sentence even if required to report to the U.S.

Marshals' Service for processing (fingerprinting, photographing,

etc.). If the defendant is released on bail or on "own personal

recognizance" then that day is treated as a day in official

detention and shall be awarded as a day of prior custody time

credit. *

Official detention does not include time spent in

the custody of the U.S. Immigration and Naturalization Service

(INS) under the provisions of 8 U.S.C. § 1252 pending a final

determination of deportability. An inmate being held by INS

pending a civil deportation determination is not being held in

"official detention" pending criminal charges. (See Ramirez-

Osorio v. INS, 745 F.2d 937, rehearing denied 751 F.2d 383

(5thCir. 1984); Shoaee v. INS, 704 F.2d 1079 (9th Cir. 1983); and

Cabral-Avila v. INS, 589 F.2d 957 (9th Cir. 1978), cert. denied

440 U.S. 920, 99 S.Ct 1245, 59 L.Ed2d 472 (1979.)

A sentence imposed by a court for "Time Served," means

that all time spent in official detention (prior custody time),

as a result of the offense for which sentence was imposed, is

included in the "Time Served" sentence which the court imposed

and cannot be awarded to any other sentence.

Time spent serving a civil contempt sentence prior to

trial and/or sentencing does not constitute presentence time

credit toward the sentence that is eventually imposed.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 16

Time spent serving a civil contempt sentence does not

constitute presentence time credit toward any criminal sentence

that has been interrupted by, or that is running along

concurrently with, or that is to be served consecutively to, the

criminal sentence.

Official detention does not include any time in a

release status even though the defendant is considered "in

custody" for purposes of pursuing a habeas corpus petition with

the court, as cited by the U.S. Supreme Court in Hensley v.

Municipal Court, 411 U.S. 345 (1973) (see also Cochran v. U.S.,

489 F.2d 691 (5th Cir. 1974); Villaume v. United States, 804 F.2d

498 (8th Cir. 1986) (per curiam), cert. denied, 481 U.S. 1022

(1987)).

(1) Any part of a day spent in official detention equals

one day for credit purposes. Prior custody time credit shall be

applied in the following manner for the following situations:

(a) Credit related to 18 U.S.C § 3585(b)(1).

1 Credit will be given for time spent in official

detention as a direct result of the federal offense for which the

federal sentence was imposed (and not as a result of a writ from

another jurisdiction), provided it has not been credited against

another sentence. (See Example: 1)

* Frequently, the date on which the person is

arrested for the charge on which the subsequent sentence is

imposed is earlier than the "date offense concluded" as shown on

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 16A

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Fed SRA Sent SRA

SRA Arrest Imposed Rel Date

$ $ $

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ T

T T /))))))))))))-

/)))))))))1 Turned Over

State State on State

Writ Sent Imposed Detainer

In this example, the time spent in official

detention is the direct result of the federal

offense, and the state has merely borrowed

the prisoner on writ and imposed sentence.

All time spent in custody must be applied to

the federal computation, regardless of any

action taken by the state.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example: 1

the judgment and commitment. There are a variety of reasons for

this anomaly. Some courts have used the date of the indictment,

others have used the date a conspiracy or fraud ends (even though

the person was arrested for participation prior to that date),and

on occasion the date was simply incorrect. If it can be verified

that a person was in official detention on the charge for which

the sentence was imposed prior to the "date offense concluded" as

shown on the judgment and commitment, then such time shall be

awarded regardless of the date of offense on the judgment and

commitment order.

Credit shall not be given off a Failure to

Appear sentence for time in official detention that occurred

prior to the sentence that led to the Failure to Appear sentence

because any such time would have occurred prior to the Failure to

Appear date of offense. Time spent in official detention after

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 17

arrest for Failure to Appear shall, of course, be given off the

Failure to Appear sentence. *

2 Credit will not be given for any portion of

time spent serving another sentence regardless of whether the

sentence is federal, state, or foreign. The following exceptions

apply:

a Time spent serving another foreign or

state sentence that is vacated may be creditable as prior custody

time credit provided the sentence was not vacated merely for

resentencing. Any such time which is credited must be time spent

after the commission of the federal offense. If a vacated state

or foreign sentence results in a re-trial and subsequent

resentencing, any credit applied to that resentencing must be

removed from the federal sentence computation, provided the

inmate has not yet been released from that sentence.

b Time spent serving another federal,

foreign or state sentence that is vacated merely for resentencing

shall not have any effect on the SRA sentence computation until

such time as the inmate is resentenced. If the resentencing

results in a term which is less than the time the inmate has

already served on the vacated sentence, the excess time not now

credited to any other sentence shall be credited to the SRA term

provided it was time spent after the commission of the federal

offense.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 18

* 3 If an SRA term is vacated solely for the

purposes of a resentencing, then the date the sentence begins

will be the same as the original computation. Any time spent in

the community as the result of an appeal bond shall be treated as

inoperative time.

If a vacated sentence results in a re-

trial and subsequent resentencing, the date the sentence will

begin is based on the final judgement, and any previous

creditable time shall be applied as prior custody time credits.

Any time spent in the community as the result of an appeal bond

shall not be credited (See Example: 2). *

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

SRA Arrest SRA Sent Resentence

Fraud Imposed (resulting from re-trial)

$ $ $ $

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$ T

Sentence *

Vacated . Sentence Begins

In this example, all time spent prior to the date the

new term began is credited as "prior custody credit".

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example: 2

4 Prior Custody Credits for consecutive sentences

imposed on separate indictments, which include "old law" and SRA

sentences, will be evaluated based on the merits relative to the

individual sentences and their corresponding statutory provisions

for credits. Any credit towards satisfaction of the "old law*"

sentence is explained in the "old law" Sentence Computation

Manual (see Example: 3). *

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 19

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&SRA

SRA Sentence

Arrest Bond Imposed (consecutive)

$ $ T $ $

$$$$$$$$$$$ +)))))))))))), $ $$$$$$$$$$$$$$

"old law" Bond * *

Arrest /)))))))))))-

"old law"

sentence

imposed

Period from SRA arrest to first bond release must be

credited on SRA sentence only. "Old law" presentence

custody will be applied to the "old law" comp. SRA

term begins on the date of release from the "old law"

sentence.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&E&x&&a&m&p&l&e&:& &&3&&&&&&&&&&&&&&&&&&&&&&

P.S. 5880.28

Page 1 - 20

CN-02, July 29 1994

* 5. As stated in Chapter I, paragraph

1, page 1 - 3, second and third paragraphs, "old law" and SRA

sentences may not be aggregated. This non-aggregation of "old

law" and SRA sentences creates an undesirable presentence (18

U.S.C. § 3568) and prior custody (18 U.S.C. § 3585(b)) time

credit inequity between that group of prisoners who receive

concurrent aggregated "old law" or concurrent aggregated SRA

sentences and the group of prisoners who receive concurrent "old

law" and SRA sentences that cannot be aggregated.

For example, if a prisoner receives

two concurrent "old law" sentences or two concurrent SRA

sentences, those sentences would be aggregated and the

presentence or prior custody time would be combined and

subtracted from the single aggregate EFT dates (and PE date in

the case of an "old law" sentence aggregate). This practice

allows the prisoner to receive the full benefit for all time

spent in jail prior to sentencing. To the contrary, if a

prisoner receives concurrent "old law" and SRA sentences (which

cannot be aggregated), and, if the presentence or prior custody

time credits due each are subtracted from the individual

sentences, then, full credit for all time spent in jail will

result in a period of "dead time", i.e., a period of jail time

for which no benefit is received on the sentence that is

controlling for actual release from confinement purposes.

P.S. 5880.28

Page 1 - 20A

CN-02, July 29 1999

Stating this inequitable consequence another way, the non-

combination of all jail time causes the credit for the jail time

for one of the sentences to be ineffectual because the sentence

that is controlling for release purposes will not receive the

benefit of the jail time from the other sentence.

As a result, in order to assure

that those prisoners who receive concurrent "old law" and SRA

sentences, regardless of the order in which they are to be

served, shall receive the same time credit benefit (presentence

and prior custody time) that other prisoners receive when

concurrent like sentences are aggregated, the rule is established

that presentence and prior custody time credits shall be combined

and subtracted from the EFT of each sentence (and the PE date in

the case of an "old law" sentence) to achieve the same result as

if they had been aggregated.

If a calculation of the first

sentence to commence, utilizing the jail time credit applicable

only to the first sentence, results in an SRD that is earlier

than the DCB of the second sentence, then the rule will not apply

since termination of the confinement portion of the first

sentence will have occurred prior to the commencement (DCB) of

the second sentence.

In the event that application of

the combined presentence or prior custody time credit of a

concurrent second sentence causes the SRD of the first sentence

P.S. 5880.28

Page 1 - 20B

CN-02, July 29 1994

to be earlier than the DCB of the second sentence, then the

combined jail time credit shall continue to be applied in full to

both sentences. Application of this rule is not intended to

create a computation complication that would nullify the effect

of the rule.

If the concurrent second sentence

has an EFT that is less and an SRD that is later (after

application of any jail time credit belonging to the second

sentence only) than the first sentence to commence (after

application of any jail time credit belonging to the first

sentence only), then the rule shall not apply and each sentence

shall remain the same as if the other sentence did not exist and

shall be treated as "standing alone." *

6 Time spent in custody under a writ

of habeas corpus from non-federal custody will not in and of

itself be considered for the purpose of crediting presentence

time. The primary reason for "writ" custody is not the federal

charge. The federal court merely "borrows" the prisoner under

the provisions of the writ for secondary custody. (See Example:

4).

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 21

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

SRA Fed Sentenced SRA Sentence Begins (CS)

Offense Writ & Return $ $

* * * to State $$$$$$$$$$$$$$$$$$$$$$$$$$$$

* * * * *

& /)))))0)2))))))2))))))))))))1

* * *

State Unrelated State Sentence Completed

Offense State Sentence Turned over to USMS

In the above example, the time spent on writ is not creditable as

the underlying basis for custody is the state offense and all

time is credited to the state offense.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example: 4

(b) Credit related to 18 U.S.C. §

3585(b)(2).

1 Prior Custody Credit will be given

for time spent in official detention as the result of any

federal, state or foreign arrest which is not related to, yet*

occurred on or after the date of the federal offense (as

shown on the judgment and commitment) for which the SRA sentence

was *

imposed; provided it has not been credited to another sentence.

The language in this Section eliminates any need for a federal

detainer to be on file or for bail to be set on the state or

foreign charges as a prerequisite for applying such prior custody

time credit toward the federal sentence. Relevant prerequisites

are:

a The non-related official

detention must have occurred on or after the date of the federal

offense for which the SRA sentence was imposed.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 22

b The non-related official

detention must not have been granted on another sentence. If it

was applied on a state or foreign sentence, then credit is not

applicable to the SRA sentence.

* 2 Failure by the non-federal

government to grant official detention credit (or the credit

granted was of no benefit) on a non-federal sentence, can be

determined if: *

a the non-federal charges were

dismissed.

b non-federal probation was

granted.

* c the federal and non-federal

terms are concurrent and the Raw EFT of the non-federal term is

equal to or less than Raw EFT of the federal sentence. Prior

custody credits shall be given for any time spent in non-federal

presentence custody that begins on or after the date of the

federal offense up to the date that the first sentence begins to

run, federal or non-federal. These time credits are known as

Willis time credits (See Willis v. U.S., 449 F2d 923 (CA 5,

1971). Credit shall not be given for any time spent in non-

federal presentence custody prior to the date of the SRA offense.

Further, if the release from the non-federal sentence occurs

prior to the commencement of the federal sentence, then any non-

federal presentence time awarded on the state sentence shall not

be applied to the federal sentence. Any other existing prior

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 22A

custody time credits shall be deducted from the federal EFT after

application of the Willis time credits. The following examples

are based on the Raw EFT of the non-federal sentence being equal

to or less than the Raw EFT of the federal sentence:

Example No. 5

Date of Federal Offense = 03-12-1994

Date Arrested by State = 03-25-1994

Date State Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Time to award off the federal sentence is from

03-25-1994 through 04-14-1994 which equals 21 days.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB

03-25-94 04-15-94 Raw EFT 04-14-99

/))))))))))3)))))))))))))))))))))))))))))))))))))1

21 days

$ $ $ $

& $$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-12-94 05-10-94 05-09-99

Federal Offense Date CC Federal Sentence Begins Raw EFT

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example No. 6

Date of Federal Offense = 03-12-1994

Date Arrested by State = 03-25-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent State Sentence Begins = 04-15-1994

Time to award off the federal sentence is from

03-25-1994 through 03-31-1994 which equals 7 days.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB

03-25-94 04-15-94 Raw EFT 04-14-99

/))))))))))3)))))))))))))))))))))))))))))))))))))1

7 days

$ $ $

& $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-12-94

Federal 04-01-94 03-31-01

Offense Date Federal Sentence Begins Raw EFT

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 22B

Example No. 7

Date Arrested by State = 03-25-1994

Date of Federal Offense = 03-31-1994

Date State Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Time to award off the federal sentence is from

03-31-1994 through 04-14-1994 which equals 15 days.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB

03-25-94 04-15-94 Raw EFT 04-14-99

/))))))))))3)))))))))))))))))))))))))))))))))))))1

15 days

$ $ $ $

$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-31-94 05-10-94 05-09-99

Federal Offense Date CC Federal Sentence Begins Raw EFT

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example No. 8

Date Arrested by State = 03-25-1994

Date of Federal Offense = 03-31-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent State Sentence Begins = 04-15-1994

Time to award off the federal sentence is from

03-31-1994 through 03-31-1994 which equals one day.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB

03-25-94 04-15-94 Raw EFT 04-14-99

/))))))))))3)))))))))))))))))))))))))))))))))))))1

1 day

$ $ $

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-31-94 04-01-94 03-31-01

Federal Federal Sentence Begins Raw EFT

Offense Date

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

d If the non-federal and federal

sentences are concurrent, the Raw EFT of the non-federal term is

greater than the Raw EFT of the federal term, and if the non-

federal Raw EFT, after application of qualified non-federal

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 22C

presentence time, is reduced to a date that is earlier than the

federal Raw EFT, then a Kayfez (See Kayfez v. Gasele, 993 F.2d

1288 (7th Cir. 1993) situation exists. In such a situation, the

amount of qualified non-federal presentence time, i.e., the

amount of time in non-federal presentence time after the date of

the federal offense to the date that the non-federal or federal

sentence commenced, whichever is earlier, shall be applied to the

non-federal Raw EFT. The federal Raw EFT shall then be reduced

to equal the reduced non-federal EFT. Any other existing prior

custody time credits shall be deducted from the federal EFT after

application of the Kayfez time credits. Following are some

examples that demonstrate the process:

Example No. 9

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-05-1997

Date of Federal Offense = 03-12-1994

Date Arrested by Non-Federal Agency = 03-25-1994

Date Non-federal Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Qualified non-federal presentence time is from

03-25-1994 through 04-14-1994 which equals 21 days. The non-

federal Raw EFT shall be reduced by the 21 days to August 28,

1997 and the federal Raw EFT shall be reduced to that date

resulting in an award of 8 days of prior custody time credits.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB

03-25-94 04-15-94 Raw EFT 09-18-97

/))))))))3)))))))))))))))))))))))))))))))3))))))1

08-28-97

21 days

21 days 08-28-97

& $ $ $ $ $ 8 days

$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$

03-12-94 05-10-94 09-05-97

Federal Offense Date CC Federal Sentence Begins Raw EFT

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 23

Example No. 10

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date of Federal Offense = 03-12-1994

Date Arrested by Non-Federal Agency = 03-25-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent Non-Fed Sentence Begins = 04-15-1994

Qualified non-federal presentence time is from

03-25-1994 through 03-31-1994 which equals 7 days. The non-

federal Raw EFT shall be reduced by the 7 days to September 11,

1997 and the federal Raw EFT shall be reduced to that date

resulting in an award of 4 days of prior custody time credits.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB Raw EFT

03-25-94 04-15-94 09-18-97

/))))))))))3))))))))))))))))))))))))))3))))1

09-11-97 7 days

7 days 09-11-97

& $ $ $ $ 4 days

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-12-94 04-01-94 09-15-97

Federal Federal Sentence Begins Raw EFT

Offense Date

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example No. 11

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date of Federal Offense = 03-31-1994

Date Non-Federal Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Date Arrested by Non-Federal Agency = 03-25-

1994

Date of Federal Offense = 03-31-1994

Date Non-Federal Sentence Begins = 04-15-1994

Date Concurrent Federal Sentence Begins = 05-10-1994

Qualified non-federal presentence time is from

03-31-1994 through 04-14-1994 which equals 15 days. The non-

federal Raw EFT shall be reduced by the 15 days to September 3,

1997 and the federal Raw EFT shall be reduced to that date

resulting in an award of 12 days of prior custody time credits.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 23A

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB Raw EFT

03-25-94 04-15-94 09-18-97

/)))))))))))))3)))))))))))))))))))))))))))3))))))1

09-03-97

15 days

15 days 09-03-97

$ $ $ $ $ 12 days

$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-31-94 05-10-94 09-15-97

Federal CC Federal Sentence Begins Raw EFT

Offense Date

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example No. 12

Non-Federal Raw EFT = 09-18-1997

Federal Raw EFT = 09-15-1997

Date Arrested by Non-Federal Agency = 03-25-1994

Date of Federal Offense = 03-31-1994

Date Federal Sentence Begins = 04-01-1994

Date Concurrent Non-Fed Sentence Begins = 04-15-1994

Qualified non-federal presentence time is from

03-31-1994 through 03-31-1994 which equals 1 day. The non-

federal Raw EFT shall be reduced by the 1 day to September 17,

1997 and the federal Raw EFT shall remain the same since the

reduced non-federal EFT is still greater than the federal Raw EFT

resulting in no prior custody time credit off the federal

sentence.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

State Arrest DSB Raw EFT

03-25-94 04-15-94 09-18-97

/)))))))))))))))))))3)))))))))))))))))))))))))31

09-17-97 1 day

1 day

$ $

& $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

03-31-94 04-01-94 09-15-97

Federal Federal Sentence Begins Raw EFT

Offense

Date

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 24

e The state sentence is vacated

with further prosecution deferred, thereby effectively vacating

the non-federal credit (See Example: 13).

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Fed Consecutive SRA

SRA Writ Sentence Imposed

Offense * $ $ $

* /))))))$, $$$$$$$$$$$$$$$

* * * * *

& /)))))))))0))))2)))))))3))))))))))))))))))1

* * * *

State State Returned State Vacates Sentence

Arrest Sentence to State Turns over to USMS

While serving a state sentence, the state conviction is

vacated. All time spent in state custody is credited

to SRA term, which begins on the date received, in

accordance with 18 USC § 3585(a).

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example: 13

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 24A

f Ordinarily, if a state

sentence is imposed, either before or after the time that the

federal sentence commences, it is presumed that the state has

awarded, or will award, presentence time off the state sentence

for time spent in state custody in connection with the state

offense and ISM staff need make no further inquiry about it

unless the inmate claims that no state credit was, or will be,

given. In such a case, ISM staff shall follow the instructions

in subparagraphs c.(2), (a) and (c). *

(c) Credit related to a probation sentence

under 18 U.S.C. § 3563(b)(11) or (12).

1 Time accrued prior to the beginning

of the probation sentence shall not operate to reduce the time to

serve in a Community Corrections Center or in custody of the

Bureau of Prisons as a condition of probation.

2 Time spent in the intermittent

custody of the Bureau of Prisons or in a Community Corrections

Center as a condition of probation under subsection (11) or (12)

is not creditable as prior custody time credit on a subsequent

sentence received as a result of a revocation of the probation.

* Time spent serving a term of probation is not official detention

as to a sentence of imprisonment.

3 Prior custody time accrued after

the date of offense for the original sentence (not awarded to any

other sentence) that led to the probation sentence and any prior

custody time accrued after arrest as an alleged probation

violator, shall be applied to the subsequent sentence of

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 24B

imprisonment imposed as a result of the probation revocation,

pursuant to the guidelines previously discussed in this policy.

The date of offense for the probation revocation term is the same

as the date of offense for the original sentence that led to the

probation sentence. *

(d) Credit previously awarded which must be

withdrawn later.

In the event periods of state (or

foreign) credit unrelated to the SRA offense are applied to an

SRA sentence, and the state (or foreign country) later convicts

and sentences the individual to a term of imprisonment, the

credit given by the state will be withdrawn from the federal

computation provided the time in question does not convert to

"Willis" or "Kayfez" type of time credit as previously discussed.

Should the state grant credit for time in federal custody, the

time will not be withdrawn (provided it is directly related to

the SRA Offense and not another federal charge)(see Example: 14).

Occasionally, while serving a criminal sentence, a

prisoner will receive a civil contempt sentence which shall

interrupt the service of that criminal sentence. Prior custody

time credit is not accrued toward any other sentence during

service of a civil contempt sentence even if the service of the

civil contempt sentence is before trial and/or sentence on the

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 24C

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

SRA SRA Sentence

Arrest Bond Imposed

$ $ $ $

$$$$$$$$$$$ +)))))))))))))), $$$$$$$$$$$$$$$$$$$$$$ *

State Bond * /)))))-

Arrest * Turned

* Over to

CS State Term State

Initially, the period of state presentence custody

would be applied, as it was not credited to another

sentence; once a state consecutive term is imposed the

state custody time is withdrawn. Exclusive federal

prior custody time will not be withdrawn, regardless of

the state computation.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Example: 14

criminal sentence to which it pertains. There are two civil

contempt sections. 18 U.S.C. § 401 states,

A court of the United States shall have power to

punish by fine or imprisonment, at its discretion,

such contempt of its authority, and none other,

as--

(1) Misbehavior of any person in its

presence or so near thereto as to

obstruct the administration of

justice;

(2) Misbehavior of any of its officers in

their official transactions;

(3) Disobedience or resistance to its lawful

writ, process, order, rule, decree, or

command.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 24D

A civil contempt sentence under 18 U.S.C. § 401 is

under the sole jurisdiction of the court and has no time limit.

The sentence will not terminate until the prisoner purges himself

of the contempt or until the court orders the sentence

terminated. 28 U.S.C. § 1826 states,

(a) Whenever a witness in any proceeding

before or ancillary to any court or grand

jury of the United States refuses without

just cause shown to comply with an order of

the court to testify or provide other

information, including any book, paper,

document, record, recording or other

material, the court, upon such refusal, or

when such refusal is duly brought to its

attention, may summarily order his

confinement at a suitable place until such

time as the witness is willing to give such

testimony or provide such information. No

period of such confinement shall exceed the

life of--

(1) the court proceeding, or

(2) the term of the grand jury, including

extensions,

before which such refusal to comply with the

court order occurred, but in no event shall

such confinement exceed eighteen months.

(b) No person confined pursuant to subsection

(a) of this section shall be admitted to bail

pending the determination of an appeal taken

by him from the order for his confinement if

it appears that the appeal is frivolous or

taken for delay. Any appeal from an order of

confinement under this section shall be

disposed of as soon as practicable, but no

later than thirty days from the filing of

such appeal.

(c) Whoever escapes or attempts to escape from the

custody of any facility or from any place in which

or to which he is confined pursuant to this

section or section 4243 of title 18, or whoever

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 25

rescues or attempts to rescue or instigates,

aids, or assists the escape or attempt to

escape of such a person, shall be subject to

imprisonment for not more than three years,

or a fine of not more than $10,000, or both.

A civil contempt sentence under 28 U.S.C. § 1826

may be ended in any one of four ways, the actual manner dependent

upon which circumstance occurs first, and they are: 1) The

prisoner purges himself of contempt by cooperating with the

court; 2) the court proceedings terminate; 3) the term imposed by

the court (not to exceed 18 months) expires; and 4) the term of

the grand jury expires.

Unless the court orders otherwise, a civil

contempt sentence shall interrupt the service of a criminal

sentence for the duration of the civil contempt sentence. As a

result, in the case of a civil contempt sentence that is ordered

to commence on the date that it is imposed, the criminal sentence

will become inoperative on the day after the civil contempt

sentence begins and shall resume running on the day that the

contempt sentence ends, providing that the prisoner is in federal

custody for service of the criminal sentence.

If the civil contempt sentence is ordered to begin

some date in the future, then the criminal sentence will become

inoperative on the day that the contempt sentence begins and

shall resume running on the day that the contempt sentence ends,

providing that the prisoner is in federal custody for service of

the criminal sentence.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 26

If a civil contempt sentence is in effect when a

criminal sentence is imposed, and the prisoner is available for

service of the sentence, the just imposed criminal sentence runs

concurrently with the civil contempt sentence unless the court

specifically orders the criminal sentence to be served

consecutively to preserve the intended effect of the civil

contempt sentence.

(2) DOCUMENTATION. Prior custody credit will be given

only with proper documentation indicating that the prisoner was

in official detention within the application of paragraph 5.

Proper documentation will consist of written documentation, for

placement in the prisoner's Judgment and Commitment File, from

any law enforcement agency (including probation officers). This

* includes verified phone, fax, or teletype messages, PSI, Rap

Sheet, Booking Sheets, SENTRY, USM Form 129, etc.

(a) No credit shall be given based solely on

documents or information received from a prisoner, a defense

attorney, or other person or organization acting on the behalf of

the inmate. Information from such sources shall be thoroughly

investigated and verified before credit may be given. The

verification effort will consist of one communication (with

written documentation that contact was made, either in the form

of a copy of the letter, fax, or teletype message, or by

documenting the phone call) and one following communication if no

response is received. If the follow-up communication produces no

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 27

response, the matter should be referred to the appropriate

Regional Inmate Systems Administrator.

(b) Should the Judgment and Commitment order make

a recommendation that a period of time credit be awarded to the

sentence that is not authorized, the recommendation may be

treated as surplusage and the credit will not be allowed. No

letter need be written to the court that the time was not

awarded. If the court, however, orders that a period of time be

awarded that is not authorized, a letter must be sent to the

appropriate U.S. Attorney requesting assistance in resolving the

problem (Follow the instructions in the Inmate Systems Manual for

communicating with the U.S. Attorney and the Reno v. Koray

instructions beginning on page 1 - 14F, if applicable). Pending

resolution of the problem, the sentence shall be computed as

reflected on the Judgment and Commitment. *

(3) QUESTIONABLE SITUATIONS. Questions or problems

that arise as to the applicability of any of the provisions of

this policy shall be referred to the Regional Inmate Systems

Administrator. Any resolution of a question or problem that may

require a decision outside of, or contrary to, this policy or

that may require a precedent setting decision, shall be referred

to the Chief of Inmate Systems in the Central Office for review.

P.S. 5880.28

February 21, 1992

Page 1 - 28

d. Inoperative Time. Once a sentence has begun to

run, it may become "inoperative" (stop running) for a number of

reasons, such as, escape, civil contempt, and release pending

appeal. The reason a sentence becomes inoperative as a result of

the aforementioned reasons is because the prisoner is no longer

in official detention, i.e., the prisoner is not in the custody

of the Attorney General or the Bureau of Prisons.

There is no statute that refers specifically to the

term inoperative and there is no statute that states a sentence

"stops running" when a prisoner causes himself to be removed from

official detention. Under 18 USC § 3585, however, a prisoner

must be in official detention before the sentence commences, or

before the prisoner may receive presentence time credit that can

be applied to the sentence. Therefore, the sentence cannot run,

or must stop running, whenever the prisoner is not in official

detention. The BOP has no authority to grant time credit toward

the service of a sentence when a prisoner is not in official

detention.

For example, a prisoner becomes an escapee upon

departure from official detention (without official authorization

or permission), and the sentence becomes inoperative beginning

the next day and remains inoperative through the day before the

prisoner is either recaptured or returns to official detention

voluntarily. In other words, the prisoner receives a day of

credit

P.S. 5880.28

February 21, 1992

Page 1 - 29

for the date of escape and a day of credit for the date of return

to official detention.

Another example of return to physical custody would

result if the prisoner, while in escape status, is arrested on a

new federal charge. In such a case, the sentence from which the

escape occurred would begin running on the date of the new

arrest. This restarting of the escape sentence would, of course,

nullify any presentence time credit toward a future sentence that

results from the new arrest, provided that the new sentence and

the escape sentence are aggregated.

If the escapee is arrested by state authorities for

a state charge, then the federal sentence would not resume

running until the prisoner was turned over to exclusive federal

custody. Production of the prisoner in federal court on the

basis of a federal writ of habeas corpus ad prosequendum from

state custody does not constitute a return to federal custody for

the purpose of restarting the sentence from which the prisoner

escaped. (Also see the Program Statement on Escape From Extended

Limits of Confinement.

Federal custody of the prisoner could be effected

for an escapee in state custody by designating state custody as

the place to serve the remainder of the sentence from which the

prisoner had escaped. (See the Program Statement on Designation

to State Institution for Service of Federal Sentence.)

P.S. 5880.28

January 5, 1993, CN-1

Page 1 - 30

Following are some rules regarding the application of

inoperative time.

*

(1) Inoperative time is applied to the sentence

before jail time is deducted. *

(2) Inoperative time is added to the full term

date of the sentence that is running at the time the inoperative

time occurs. If a subsequent concurrent sentence is imposed,

then the inoperative time would have no effect on the full term

date of the subsequent new concurrent sentence.

(3) The Anniversary Date, and thus the Vested

Date, must always be adjusted as the result of inoperative time.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 31

e. Multiple Sentences of Imprisonment. The statute that

governs the manner in which multiple sentences of imprisonment

may be imposed is 18 U.S.C. § 3584.

* (1) Subsection (a) of Section 3584 states,

(a) Imposition of concurrent or

consecutive terms.--If multiple terms of

imprisonment are imposed on a defendant at

the same time, or if a term of imprisonment

is imposed on a defendant who is already

subject to an undischarged term of

imprisonment, the terms may run concurrently

or consecutively, except that the terms may

not run consecutively for an attempt and for

another offense that was the sole objective

of the attempt. Multiple terms of

imprisonment imposed at the same time run

concurrently unless the court orders or the

statute mandates that the terms are to run

consecutively. Multiple terms of

imprisonment imposed at different times run

consecutively unless the court orders that

the terms are to run concurrently.

The Bureau of Prisons interprets the phrase,

"an undischarged term of imprisonment," as applying to any

lawfully imposed federal or state, local or foreign (non-federal)

sentence or revocation of a conditional release term (probation,

supervised release, parole, etc.). *

The legislative history for this subsection

states that,

. . . if the court is silent as to whether

terms of imprisonment imposed at the same

time (emphasis added) are concurrent or

consecutive, the terms run concurrently

unless a statute requires that they be

consecutive. If, on the other hand, multiple

terms of imprisonment are imposed at

different times (emphasis added) without the

judge specifying whether they are to run

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 32

concurrently or consecutively, they will run

consecutively unless the statute specifies

otherwise.

This subsection allows the court flexibility

in sentencing when multiple terms of imprisonment are imposed and

codifies the rules to follow if the court remains silent.

*

Sentences that are imposed as the result of a

single trial on the counts within a single indictment are

considered to have been imposed at the same time, regardless of

whether they are imposed at different times on the same date or

on a later date.

Sentences that are imposed on the same date,

or on different dates, based on convictions arising out of

different trials, are considered to have been imposed at

different times even if the trials arose out of the same

indictment.

The court's sentencing flexibility, in

addition to applying to federal undischarged terms of

imprisonment, also extends to those prisoners who have non-

federal undischarged terms of imprisonment.

The court may, for a prisoner who is serving

a non-federal undischarged term of imprisonment while "on loan"

to the federal government under the jurisdiction of a federal

writ of habeas corpus ad prosequendum, impose the federal

sentence to run concurrently with, or consecutively to, the other

undischarged term of imprisonment. Upon receipt of the judgment

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 32A

and commitment from the U. S. Marshals' Service that orders the

federal sentence to be served concurrently with the non-federal

sentence, the RISA shall, in accordance with 18 U.S.C. § 3621(b),

designate the non-federal facility as the place to serve the

federal sentence and complete the other procedures required by

the Program Statement on Designation of State Institution for

Service of Federal Sentence, for executing this type of

concurrent sentence.

On occasion, a federal court will order the

federal sentence to run concurrently with or consecutively to a

not yet imposed term of imprisonment. Case law supports a

court's discretion to enter such an order and the federal

sentence shall be enforced in the manner prescribed by the court.

If the just imposed federal sentence is ordered to run

concurrently with a non-existent term of imprisonment, then the

RISA shall designate the non-federal place as the place to serve

the federal sentence as of the date that the federal sentence was

imposed. If the federal sentence is silent, or ordered to run

consecutively to the non-existent term of imprisonment, then the

federal sentence shall not be placed into operation until the

U.S. Marshals' Service or the Bureau of Prisons gains exclusive

custody of the prisoner.

Regardless of whether the court orders the

federal sentence to be served consecutively to, or concurrently

with, the non-federal non-existent or undischarged term of

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 33

imprisonment, the prisoner shall be returned to the non-federal

jurisdiction until the prisoner is released (completes the

undischarged term of imprisonment) from the non-federal term.

Federal courts sometime order a portion of

the federal sentence to run concurrently with or consecutively to

another federal sentence or a non-federal sentence. The Bureau

of Prisons will attempt to accommodate a court's intent as fully

as possible. Since the possible number of ways of imposing a

portion of a sentence concurrently with or consecutively to

another sentence are numerous, staff should refer such sentences

to the RISA for assistance. *

(2) Subsection (c) of Section 3584 provides the

rules for the treatment (calculation) of multiple sentences and

states,

Multiple terms of imprisonment ordered to run

consecutively or concurrently shall be

treated for administrative purposes as a

single, aggregate term of imprisonment.

* This statement means that SRA sentences,

including a term of imprisonment that results from a revocation

of supervised release or probation, shall be aggregated to form a

single sentence for computation purposes. Those sentences that

were imposed, however, on or after November 1, 1987 (the

effective date of the SRA) but prior to the Supreme Court

decision in Mistretta January 18, 1989 (during which some courts

held that some or all of the SRA was unconstitutional, shall not

be aggregated with valid SRA sentences. A sentence that is, or

was, imposed for an offense that occurred prior to

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 34

November 1, 1987 ("Old Law" offense), shall not be aggregated

with a valid or invalid SRA sentence. *

(3) If a multi-count indictment in a single

judgment and commitment contains an offense(s) that was completed

before November 1, 1987, and an offense(s) that was completed

on or after November 1, 1987, then those pre and post SRA counts

shall be treated separately (not aggregated) and the sentences

shall be computed in accordance with the sentencing laws in

effect at the time of the completion of those offenses. If a

count is ordered to be served consecutively to a count

with which it cannot be aggregated, then the consecutive

count shall be held as a detainer until release from the

preceding count occurs.

(4) The concurrent sentence aggregation

requirement discussed in paragraph e.(2) of this Chapter, could

create a set of circumstances that would allow a concurrent

sentence to be served in a shorter period of time than if it were

standing alone.

For example, a sentence of ten years that

began on January 19, 1989 would expire with good conduct time

(432 days) on October 5, 1997 and a concurrent one year sentence

that begins on October 4, 1997 (the day before the release date

on the ten year sentence) would, if standing alone, expire on

October 3, 1998 (no GCT is earned on a sentence of one year, so

both the release date and full term date occur on the same date).

You will note in this example that the

concurrent one year sentence has a beginning date that is later

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 35

than the beginning date of the ten year sentence but the full

term date and the release date for the one year sentence, if

standing alone, would be less than the full term date of the ten

year sentence. Because of the language of 18 U.S.C. § 3584(c)

that requires that multiple terms of imprisonment be treated as a

single, aggregate term, then the one year sentence would have the

same date of release as the ten year sentence of October 5, 1997

as shown in the following diagram:

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

10 Yrs/DCB 01-19-89 SRD 10-05-97 EFT 01-18-99

$ $ $

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$ $ $

*

$* $

1 Yr cc DCB 10-04-97$&&&&&&&&$ EFT&SRD 10-03-98

10-05-97

Release Date from

Aggregate Term

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

As a result of this interpretation of the

statute, in the above example the prisoner would serve only two

days on the one year sentence and gain a "windfall" of 363 days

thereby avoiding serving the major portion of the one year

sentence. This "problem" sentencing result will occur each time

that a concurrent sentence has the following conditions:

a. The concurrent sentence has a beginning

date that falls on, or is later than, the beginning date of the

first sentence.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 36

b. The concurrent sentence has a full term

date that falls on, or is earlier than, the full term date of the

first sentence.

c. The concurrent sentence has a release

date that is later than the release date of the first sentence.

Subsection (c), while probably not

contemplating the type of "windfall" situation described above

is, nonetheless, clear and unequivocal about the treatment of

concurrent terms (as well as consecutive terms) as a single term

of imprisonment for administrative purposes.

The "windfall" situation is avoided in

concurrent sentence situations when both the beginning date and

full term date fall within those dates on the first sentence,

providing the release date of the concurrent sentence is earlier

than the release date of the first sentence.

Again, the "windfall" condition is avoided

when the beginning date of the concurrent sentence (regardless of

length - could be shorter or longer than the first sentence)

falls on, or begins later than the first sentence, but the full

term date of the concurrent sentence is longer than the first

sentence. For example, a sentence of ten years (the first

sentence) that began on January 19, 1989 has a full term date of

January 18, 1999. A twelve year concurrent sentence imposed on

March 12, 1990 has a full term date of March 11, 2002. The

sentences are aggregated as required by 18 U.S.C. § 3584(c) and

result in a beginning date of January 19, 1989 and a full term

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 37

date of March 11, 2002, for a total aggregate term of thirteen

years, one month, and twenty-one days and a release date of July

1, 2000 (618 days) as shown below:

EFT Date of Concurrent Sentence = 2002-03-11

EFT Date of First Sentence = -1999-01-18

Overlap (3 Yrs, 1 Mo, 21 Dys) = 3-01-21

Length of First Sentence (10 Yrs) = + 10-00-00

Length of Aggregate (13 Yrs, 1 Mo, 21 Dys)= 13-01-21

EFT Date of Aggregate = 2002-03-11 = 23081

GCT on Aggregate (618 Dys) = - 618

SRD of Aggregate = 2000-07-01 = 22463

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37a

* e-1. Implementation of the Firearm Penalty Provision Under

18 U.S.C. § 924(c)(1), as Outlined in U.S. v. Gonzales.

Effective October 12, 1984, P.L. 98-473 amended § 924(c)(1), for

firearm offenses committed on or after that date, to read in

part,

"Notwithstanding any other provision of law, . . . nor

shall the term of imprisonment imposed under this

subsection run concurrently with any other term of

imprisonment [emphasis added] including that imposed

for the crime of violence or drug trafficking crime in

which the firearm was used or carried."

The Bureau issued policy instructions that required the

924 count to be served first and the non-924 count(s) subsequent,

regardless of the order in which the counts were imposed in a

single J&C order. The Gonzales decision, however, held that a

court may apply a sentence containing both a 924 count and a non-

924 count, or counts, in a different way than Bureau policy had

previously explained.

a. General 18 U.S.C. § 924(c)(1) Policy For New Law Sentences.

(Note: In the policy that follows, the use of the term

sentence means a new law federal sentence, unless otherwise

specified.)

 All counts in a single J&C shall be served in the order

imposed by the court.

 Unless otherwise specified, reference to a 924/non-924

sentence, in a single J&C, means that the counts have

been aggregated into a single sentence for that J&C, as

required by 18 U.S.C. § 3584(c).

 A 924/non-924 sentence that is ordered to run

consecutively to an existing federal sentence shall be

added to the existing federal sentence and calculated

as an aggregate, provided there is nothing to prevent

the aggregate, i.e., old law and new law sentence

combination or SRA/VCCLEA and PLRA combination.

 A 924/non-924 sentence that is ordered to run

consecutively to a non-federal or old law sentence, but

cannot be aggregated with it, shall be calculated as

beginning on the date of release from the non-federal

or old law sentence.

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37b

 A sentence imposed after a 924/non-924 sentence may be

imposed in any manner the court deems appropriate,

i.e., concurrent or consecutive.

b. Calculation of New Law Sentences Which Include An

18 U.S.C. § 924(c)(1) Count

(Note: In the examples that follow, one day is added to the

subtraction calculation, as if the term commenced on the

DCB. Also, the ¡raw¢ Expiration Full Term (EFT) date is

without application of jail credit.)

 If a non-federal or old law sentence exists at the time

the 924/non-924 sentence is imposed, the 924 count

shall be served consecutively to the existing non-

federal or old law sentence. The non-924 counts may be

served concurrently with the existing non-federal or

old law sentence, if so ordered by the court. Assuming

that the non-924 counts are ordered to run concurrent

with the existing sentence, this non-aggregate

calculation shall be performed as follows:

1) Determine the non-federal or old law release date.

2) Add the consecutive 924 term to the non-federal or

old law release date to establish a “raw” EFT date.

3) Subtract the total term of the 924/non-924 sentence

from the just established “raw” EFT date to arrive

at a DCB.

4) Calculate the 924/non-924 sentence.

If the DCB is on or after the date the 924/non-924

sentence was imposed, use the established DCB to

calculate the 924/non-924 sentence. (See Example No. 1)

Example No. 1: The first J&C is a 5-year non-federal

or old law sentence imposed on 06-15-1988, with an SRD

of 02-20-1992. The second J&C is an 84 month,

924/non-924 sentence, imposed on 06-18-1988, with the

24-month non-924 count to run concurrently with the

first sentence and the 60-month 924 count to run

consecutively. The 60-month 924 count is added to the

SRD (02-20-1992) of the first sentence, resulting in a

“raw” EFT date of 02-19-1997. The 84-month sentence is

then subtracted from the “raw” EFT date of 02-19-1997,

causing a DCB of 02-20-1990 for the second sentence,

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37c

which is later than the date of imposition (06-18-

1988). The second sentence of 84 months shall,

therefore, commence on the DCB of 02-20-1990.

Calculation for Example No. 1:

Step 1: Step 2:

First sentence Second sentence (c/s 924

1988-06-15 1992-02-20 count)

+ 5 + 5

1993-06-14* (Raw EFT) 1997-02-19* (Raw EFT)

1992-02-20 (SRD)

Step 3: Step 4:

1997-02-19 1990-02-20

- 7 + 7

1990-02-19 1997-02-19* (Raw EFT of

+ 1 924/non-924

1990-02-20 (DCB - later Sentence)

than 06-18-1988)

If the DCB is earlier than the date of imposition of

the 924/non-924 sentence, calculate by using the date

of imposition of the 924/non-924 sentence. (See

Example No. 2)

Example No. 2: The first J&C is a 5-year non-federal

or old law sentence imposed on 06-15-1988 with an SRD

of 02-20-1992. The second J&C is an 84-month 924/non-

924 sentence imposed on 12-15-1990, with the 24-month

non-924 count to run concurrently with the first

sentence and the 60-month 924 count to run

consecutively. The 60-month 924 count is added to the

SRD (02-20-1992) of the first sentence, resulting in a

“raw” EFT of 02-19-1997. The 84-month sentence is then

subtracted from the “raw” EFT of 02-19-1997, causing a

DCB of 02-20-1990 for the second sentence, which is

earlier than the date of imposition (12-15-1990). The

second sentence of 84 months shall, therefore, commence

on the date of imposition of 12-15-1990.

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37d

Calculation for Example No. 2:

Step 1: Step 2:

First sentence Second sentence (c/s 924

1988-06-15 1992-02-20 count)

+ 5 + 5

1993-06-14* (Raw EFT) 1997-02-19* (Raw EFT)

1992-02-20 (SRD)

Step 3: Step 4:

1997-02-19 1990-12-15

- 7 + 7

1990-02-19 1997-12-14* (Raw EFT of

+ 1 924/non-924

1990-02-20 (DCB - earlier Sentence)

than 12-15-1990)

 If a new law sentence exists at the time the 924/non-

924 sentence is imposed and the 924 count is to be

served consecutively to the other counts in that J&C

and to the existing new law sentence, then the non-924

count may be served concurrently with the existing

sentence, if so ordered by the court.

When the non-924 count is concurrent, the aggregate

calculation shall be performed as follows:

1) Add the 924 term to the existing new law term, for

a total aggregate term.

2) Add the aggregate term to the DCB of the first

sentence to establish a “raw” EFT date.

3) Subtract the total term of the 924/non-924 sentence

from the just established “raw” EFT date to arrive

at a DCB.

4) Calculate the aggregate sentence.

If the DCB is on or after the date the 924/non-924

sentence was imposed, add the term of the 924 count to

the term of the existing new law sentence for a total

aggregate term. Calculate the aggregate sentence using

the DCB of the first sentence. (See Example No. 3)

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37e

Example No. 3: The first J&C is a 60-month new law

sentence imposed on 06-15-1988. The second J&C is an

84-month 924/non-924 sentence imposed on 06-18-1988,

with the 24-month non-924 count to run concurrently

with the first sentence and the 60-month 924 count to

run consecutively. The 60-month 924 count is added to

the first sentence of 60 months, for a total term of

120 months, and, a “raw” EFT of 06-14-1998. The 84-

month sentence is then subtracted from the aggregate

“raw” EFT of 06-14-1998 causing a DCB of 06-15-1991,

for the second sentence, which is later than the date

of imposition (06-18-1988). The 120-month aggregate

sentence shall, therefore, commence on the DCB of the

first sentence, 06-15-1988.

Calculation for Example No. 3:

Step 1: Step 2:

First sentence: 60 months 1988-06-15

924 term: + 60 months + 10

Total term: 120 months 1998-06-14* (Raw EFT)

Step 3: Step 4:

1998-06-14 1988-06-15

- 7 + 10

1991-06-14 1998-06-14* (Raw EFT of

+ 1 Aggregate

1991-06-15 (DCB - later Sentence)

than 06-18-1988)

If the DCB is earlier than the date of imposition of

the 924/non-924 sentence, subtract the “raw” EFT of the

first sentence from the “raw” EFT of the second

sentence to determine the concurrent overlap. Add the

concurrent overlap, with the term of the first

sentence, to establish the total aggregate term. (See

Example No. 4)

Example No. 4: The first J&C is a 60-month new law

sentence imposed on 06-15-1988. The second J&C is an

84-month 924/non-924 sentence imposed on 02-15-1992,

with the 24-month non-924 count to run concurrently

with the first sentence and the 60-month 924 count to

run consecutively. The 60-month 924 count is added to

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37f

the first sentence of 60 months, for a total term of

120 months, and, a “raw” EFT of 06-14-1998. The 84-

month sentence is then subtracted from the aggregate

“raw” EFT of 06-14-1998 causing a DCB of 06-15-1991,

for the second sentence, which is earlier than the date

of imposition (02-15-1992).

The “raw” EFT of the first sentence is 06-14-1993. The

“raw” EFT of the non-924 term is 02-14-1994. By

subtracting 06-14-1993 from 02-14-1994, the concurrent

overlap is eight (8) months. Add the overlap of eight

(8) months, the first sentence term of 60 months, and

the 924 term of 60 months to establish the aggregate

term of 128 months, to commence on the DCB of the first

sentence (06-15-1988). (See Example No. 4)

Calculation for Example No. 4:

Step 1: Step 2:

First sentence: 60 months 1988-06-15

924 term: + 60 months + 10

Total term: 120 months 1998-06-14* (Raw EFT)

Step 3: Step 4:

1998-06-14 1988-06-15

- 7 + 5

1991-06-14 1993-06-14* (Raw EFT of

+ 1 First

1991-06-15 (DCB - earlier Sentence)

than 02-15-1992)

Step 5: Step 6:

1992-02-15 1999-02-14

+ 7 - 1993-06-14

1999-02-14* (Raw EFT of 5y 8m

Second

Sentence)

Step 7:

First sentence: 60 months

Concurrent Overlap: + 68 months ( 5 years 8 months)

Aggregate Term: 128 months (10 years 8 months)

PS 5880.28

CN-7 9/20/99

Chapter 1, Page 1-37g

6. INMATE REQUEST FOR 924/NON-924 SENTENCE COMPUTATION REVIEW.

Any inmate may request a review of the sentence computation

pursuant to an Inmate Request to Staff Member (BP-148) to learn

if a pre-Gonzales computation may have been implemented contrary

to Gonzales.

7. PROCEDURES FOR REVIEWING PRE-GONZALES 924/NON-924 SENTENCES

During any required audit of a sentence computation, e.g.,

initial audit, pre-release audits, disallowance-forfeiture-

restoration of good time, etc., ISM staff shall review the

existing computation to determine if a pre-Gonzales issue is

present. Following are several situations that may be present

that would require ISM action of some nature.

 The inmate is in primary federal custody, a non-federal

or federal sentence is in existence, a NL 924/non-924

sentence is imposed with the non-924 count to run

concurrent and the 924 count to run consecutive to the

existing sentence. In some cases, ISM has calculated

the entire sentence as running consecutively to the

existing sentence.

If the 924 count was ordered to run consecutively to

the other counts in the J&C, ISM shall recalculate the

sentence to show the non-924 counts as running

concurrently with the existing sentence and the 924

count as running consecutively.

 If ISM staff advised a court that a sentence was

improper based on pre-Gonzales policy and the court

entered an order to correct or modify the sentence

based on that advice, then communication to the court

through the appropriate U.S. Attorney must be initiated

that puts the court on notice of the prior improper

advice. The communication should include a request

that the institution be advised of any action that the

court may deem appropriate. ISM staff shall devise

local procedures to follow up on every case brought to

the attention of the court.

 If a situation arises that prevents the calculation of

a 924/non-924 sentence, contact the Regional Inmate

Systems Administrator (RISA) for assistance. *

P.S. 5880.28

February 21, 1992

Page 1 - 38

f. Release Authority and Release on Other Than a

Weekend or Holiday. After a prisoner has been sentenced to a

term of imprisonment, 18 USC § 3624(a) provides that such ". . .

prisoner shall be released . . . on the date of the expiration of

his term of imprisonment, less any time credited toward the

service of his sentence . . ." for good conduct as authorized in

"subsection (b)." This section is very important to the Bureau

of Prisons since it both authorizes and requires that the

prisoner be released at the end of the sentence (release date).

(Certifying the judgment and commitment with a statement about

GCT deductions the prisoner earned during confinement or with a

statement that the prisoner was released on a certain date is not

a requirement under the SRA. The certification requirement (See

18 USC § 4163. Discharge) for "old law" releases is still

required.)

In addition, Subsection (a) further states, "If the

date for a prisoner's release falls on a Saturday, a Sunday, or a

legal holiday at the place of confinement, the prisoner may be

released by the Bureau on the last preceding weekday." The BOP's

authority to utilize this section is discretionary and is not

mandatory. For example, if a prisoner with a detainer on file

has a release date that occurs on a weekend or holiday and the

authority that placed the detainer is unable to take custody on

any other day but the release date that falls on the weekend or

holiday, then the early release provisions of this section should

not be used.

P.S. 5880.28

February 21, 1992

Page 1 - 39

When a prisoner is released on the last preceding

weekday before a weekend or holiday, any term of supervised

release shall begin on the day the inmate is actually released

from custody. (See the Program Statement on Release Of Inmates

Prior To A Weekend Or Legal Holiday and paragraph i. of this

chapter for more information on supervised release.)

The Inmate Systems Manager is responsible for

assuring that routine consideration is given to those prisoners

that have release dates that occur on a weekend or holiday.

Community Corrections Managers are responsible for

making weekend or holiday early release decisions for community

corrections centers.

P.S. 5880.28

February 21, 1992

Page 1 - 40

g. Good Conduct Time. Subsection 3624(b) states, "(b)

Credit toward service of sentence for satisfactory behavior.-- A

prisoner who is serving a term of imprisonment of more than one

year, other than a term of imprisonment for the duration of his

life, shall receive credit toward the service of his sentence,

beyond the time served, of fifty-four days at the end of each

year of his term of imprisonment, beginning at the end of the

first year of the term, unless the Bureau of Prisons determines

that, during that year, he has not satisfactorily complied with

such institutional disciplinary regulations as have been approved

by the Attorney General and issued to the prisoner. If the

Bureau determines that during that year, the prisoner has not

satisfactorily complied with such institutional regulations, he

shall receive no such credit toward service of his sentence or

shall receive such lesser credit as the Bureau determines to be

appropriate. The Bureau's determination shall be made within

fifteen days after the end of each year of the sentence. Such

credit toward service of sentence vests at the time it is

received. Credit that has been vested may not later be

withdrawn, and credit that has not been earned may not later be

granted. Credit for the last year or portion of a year of the

term of imprisonment shall be prorated and credited within the

last six weeks of the sentence."

For computation purposes, it is necessary to

remember the following about subsection 3624(b):

(1) 54 days of GCT may be earned for each full

year served on a sentence in excess of one year, with the GCT

being

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 41

prorated for the last partial year. No GCT can be earned on, or

awarded to, a sentence of one year or less.

(2) The BOP has 15 days after the end of

each full year served to make a determination as to the amount of

the 54 days that shall be awarded. If the BOP makes no decision

about the amount of GCT to award in the 15 days at the end of the

year just served, then the entire 54 days will be automatically

credited to the sentence on the Vested Date. Therefore, before

awarding any GCT on the Vested Date, staff shall review the

SENTRY disciplinary log to determine if any GCT had been

disallowed during the preceding anniversary period. If no GCT

was disallowed during the preceding anniversary period, then the

GCT SENTRY data base shall be updated with the total amount of

GCT possible to earn and a copy of the disciplinary log, as well

* as a copy of the GCT record (both signed and dated by the ISM

staff member making the change and the auditor), shall be placed

in the Judgment and Commitment File. *

If some or all of the GCT had been

disallowed during the preceding anniversary period and no BP-448

(Good Conduct Time Action Notice) has been received by the Vested

Date that matches the disciplinary log record, then the

disciplinary log shall be used as the official record for

disallowing GCT on the Vested Date. A copy of the disciplinary

log shall be placed in the Judgment and Commitment File pending

receipt of a BP-448 that matches the information on the

disciplinary log. After receipt of the BP-448 the disciplinary

log copy shall be destroyed. Again, an updated copy of the

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 42

SENTRY GCT record (signed and dated by the ISM staff member

making the change and the auditor) shall be placed in the

Judgment and Commitment File.

*

Once GCT has been credited, it vests and may not

later be disallowed. If good cause exists (e.g., riot, food

strike, work stoppage, etc.) or the prisoner commits an act of

misconduct (See Program Statement on Inmate Discipline and

Special Housing Units) that occurred during the prior year but

does not become known until after the 15 day time limit has

expired, however, then the GCT may be disallowed even though the

time limit has been exceeded. In addition, if an act of

misconduct is referred to the Discipline Hearing Officer (DHO)

and the DHO is unable to dispose of the referral in the manner

prescribed by the Program Statement on Inmate Discipline and

Special Housing Units within the 15 days allowed, then the

official award or disallowance of the GCT may be delayed for the

period of time necessary to comply with that Program Statement.

In any case not covered in the preceding paragraph

in which GCT is not disallowed within the proper time limit, the

RISA should be contacted for instructions. *

(3) GCT that is disallowed and that is not

awarded from the maximum possible to award during the 15 day time

limit, may not be awarded at a later time. If a disallowance of

GCT is successfully appealed, or if the BOP has for some reason

erroneously disallowed GCT, then the GCT may be credited at that

time.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 43

(4) The BOP has six weeks before the end of

the sentence to make a determination about how much of the

prorated GCT to award for the last portion of a year of the term

of imprisonment. If the BOP makes no decision about the amount

of GCT to award in the last six weeks of the sentence, then the

entire amount possible to award for that period of time will be

automatically credited to the sentence on the last day of the

sentence (date of release and Vested Date). Therefore, before

awarding any GCT on the Vested Date, staff shall review the

SENTRY disciplinary log to determine if any GCT had been

disallowed during the preceding anniversary period. If no GCT

was disallowed during the preceding anniversary period, then the

GCT SENTRY data base shall be updated with the total amount of

GCT possible to earn and a copy of the disciplinary log, as well

as a copy of the GCT record (signed and dated by the ISM staff

member making the change and the auditor), shall be placed in the

Judgment and Commitment File.

If some or all of the GCT had been

disallowed during the preceding anniversary period and no BP-448

has been received by the Vested Date that matches the

disciplinary log record, then the disciplinary log shall be used

as the official record for disallowing GCT on the Vested Date. A

copy of the disciplinary log shall be placed in the Judgment and

Commitment File pending receipt of a BP-448 that matches the

information on the disciplinary log. After receipt of the BP-448

* the disciplinary log copy shall be destroyed. Again, an updated

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 44

copy of the SENTRY GCT record (signed and dated by the ISM staff

member making the change and the auditor) shall be placed in the

Judgment and Commitment File. *

(5) An action to delay, disallow or suspend

the award of some or all of the GCT for a decision at a later

time that is not within the 15 day, or six week, consideration

time periods is not authorized.

For release purposes, subsection 3624(b) is the most

important provision in the computation process since the proper

application of that subsection determines the actual statutory

date of release for the prisoner. The release date is

determined, of course, by subtracting the total amount of GCT

awarded during the term of the sentence from the full term date

of the sentence. The total amount of GCT awarded during the term

of a sentence is found by adding the amount of GCT awarded at the

end of each year to the amount of GCT awarded for the last

portion of a year.

As noted in (1) above, 54 days of GCT may be awarded for

each full year served on a sentence in excess of one year. Since

54 days of GCT per year cannot be divided evenly into one year,

or 12 months, or 52 weeks, or 365 days, determining the amount of

GCT that may be awarded for the last portion of a year on the

sentence becomes arithmetically complicated. The BOP has

developed a formula (hereinafter called the "GCT formula") that

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 44A

best conforms to the statute when calculating the maximum number

of days that may be awarded for the time served during the last

portion of a year on the sentence.

The GCT formula is based on dividing 54 days (the maximum

number of days that can be awarded for one year in service of a

sentence) into one day which results in the portion of one day of

GCT (continued on next page)

P.S. 5880.28

February 21, 1992

Page 1 - 45

that may be awarded for one day served on a sentence. 365 days

divided into 54 days equals .148. Since .148 is less than one

full day, no GCT can be awarded for one day served on the

sentence. Two days of service on a sentence equals .296 (2 x

.148) or zero days GCT; three days equals .444 (3 x .148) or zero

days GCT; four days equals .592 (4 x .148) or zero days GCT; five

days equals .74 (5 x .148) or zero days GCT; six days equals .888

(6 x .148) or zero days GCT; and seven days equals 1.036 (7 x

.148) or 1 day GCT. The fraction is always dropped.

Since, in accordance with the statute (18 USC § 3624(b)), no

GCT can be awarded to a sentence of one year or less, then the

very shortest sentence that can be awarded GCT is a sentence of 1

year and 1 day. Because a prisoner would accrue GCT while

serving a sentence of 1 year and 1 day and, therefore, serve

something less than the full sentence, it would be impossible to

accrue the full 54 days of GCT for a sentence of 1 year and 1

day. As a result, the GCT formula previously discussed must be

utilized as shown below to determine the amount of GCT to award

for a partial year. This method of calculating the GCT possible

to award for the last portion of a year of a sentence to be

served must be followed in all partial year calculations. (For

the purpose of this demonstration, the sentence of 1 year and 1

day equals 366 days.)

Step No. 1

Sentence = 366 - 54 = 312 days

312 days served does not equal 54 days of GCT but does equal 46

days.

P.S. 5880.28

February 21, 1992

Page 1 - 46

Step No. 2

Days Served = 312 x .148 = 46.176 = 46 days GCT

Subtracting 46 days from the sentence of 366 days results in 320

days to be served.

Step No. 3

Sentence = 366 - 46 = 320 days

46 days of GCT is not enough because 46 plus 312 days to be

served equals a sentence of 358 days, 8 days short of a sentence

of 366 days (1 year and 1 day).

Step No. 4

Time Served = 312 + 46 = 358 days

Comparing 320 days to serve, which is too much time to serve,

with 312 days to serve, which is not enough time to serve,

reveals that the amount of GCT that can be earned must fall

somewhere between 54 and 46 days. As a result, the next step is

to determine how much GCT can be earned on 320 days served.

Step No. 5

Time Served = 320 x .148 = 47.36 = 47 days GCT

Subtracting 47 days from the sentence of 366 days (1 year and 1

day)

results in 319 days to be served.

Step No. 6

Sentence = 366 - 47 = 319 days

Utilizing the GCT formula, it is learned that 319 days served

equals

47 days GCT.

Step No. 7

Time Served = 319 x .148 = 47.212 = 47 days GCT

Adding 319 days time served to 47 days GCT does equal a sentence

of 366 days (1 year and 1 day).

P.S. 5880.28

February 21, 1992

Page 1 - 47

Step No. 8

Time Served = 319 + 47 = 366 days

The amount of GCT that can be awarded for a sentence of 366 days

(1 year and 1 day) is 47 days.

The steps that were followed in the preceding example must

be followed in every instance when it is necessary to determine

the amount of GCT that can be awarded for a partial year served

on a sentence. A short version of the preceding eight steps is

shown below.

366 x .148 = 54.168 (366 + 54 = 420)

366 - 54= 312 x .148 = 46.176 (312 + 46 = 358)

366 - 46= 320 x .148 = 47.36 (320 + 47 = 367)

366 - 47= 319 x .148 = 47.212 (319 + 47 = 366)

Thus--319 days actually served plus 47 days of GCT equals 366

days, or a sentence of 1 year and 1 day.

There is one exception to the "fraction is always dropped"

rule. For instance, if the partial year remaining on a sentence

equals 7 days and if the full 7 days were served, then 1 day of

GCT credit (7 x .148 = 1.036 = 1 day) could be awarded. If the 1

day is awarded, however, then only 6 days would actually be

served on the final 7 days and for 6 days served no GCT (6 x .148

= .888 = 0 days) would be authorized. This arithmetical conflict

occurs each time that the actual time to serve plus the GCT

equals 1 day less than that final portion of the year remaining

on the sentence. For example, applying the GCT formula to a

final portion of a year of 294 days results in the following

calculation.

P.S. 5880.28

February 21, 1992

Page 1 - 48

294 x .148 = 43.512 (294 + 43 = 337)

294 - 43= 251 x .148 = 37.148 (251 + 37 = 288)

294 - 37= 257 x .148 = 38.036 (257 + 38 = 295)

294 - 38= 256 x .148 = 37.888 (256 + 37 = 293)

As you can see from above, the GCT formula does not produce

a result that will allow the number of days actually served plus

the GCT to equal 294 days. Since it is to the advantage of the

prisoner to award an additional full day for 37.888 days (38 days

instead of 37 days) of GCT in such a situation, the BOP will

award that additional 1 full day even though the time served

results in a fraction (.888 in this case) short of a full day.

(See Good Conduct Time Chart)

It is essential to learn that GCT is not awarded on the

basis of the length of the sentence imposed, but rather on the

number of days actually served. In other words, when the GCT

awarded plus the number of days actually served equals the days

remaining on the sentence, then the prisoner shall be released on

the date arrived at in the computation process (days remaining on

sentence - (GCT + days served) = release date). The following

example demonstrates the computation process for determining a

final release date on a sentence with 355 days remaining and that

has a 10-10-91 date of release prior to the award of GCT.

355 x .148 = 52.54 (355 + 52 = 407)

355 - 52= 303 x .148 = 44.844 (303 + 44 = 347)

355 - 44= 311 x .148 = 46.028 (311 + 46 = 357)

355 - 46= 309 x .148 = 45.172 (309 + 45 = 354)

355 - 45= 310 x .148 = 45.88 (310 + 45 = 355)

Release Date = 10-10-91 = 19276

GCT = -00045

Final Release Date = 08-26-91 = 19231

P.S. 5880.28

February 21, 1992

Page 1 - 49

Based on the partial year formula, any sentence that equals

418 days (e.g., 1 year, 1 month and 21 days) through 425 days

(e.g., 1 year, 1 month and 29 days), can receive 54 days of GCT.

Beginning with sentences that equal 426 days, more than 54 days

of GCT can be awarded. As a result, any sentence that exceeds

425 days will require an Anniversary Date and a prorated year

computation.

Now that the method for finding the release date for a

partial year has been shown, the following example demonstrates

the calculation of a sentence of 1 year and 1 month with no jail

time credit or inoperative time.

Date Sentence Began 90-06-23

Sentence Length = +01-01-00

Full Term Date 91-07-22* = 19196

Date Sentence Began 90-06-22* = -18801

Days Remaining 395

395 x .148 = 58.46 (395 + 58 = 453)

395 - 58= 337 x .148 = 49.876 (337 + 49 = 386)

395 - 49= 346 x .148 = 51.208 (346 + 51 = 397)

395 - 51= 344 x .148 = 50.912 (344 + 50 = 394)

395 - 50= 345 x .148 = 51.06 (345 + 51 = 396)

You will note that the GCT formula does not allow the GCT

plus the days served (344 + 50 = 394 and 345 + 51 = 396) to equal

the days remaining on the sentence (395). As a result, in

accordance with the exception to always "dropping the fraction"

rule, 51 days of GCT is awarded for the partial year rather than

50 days.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 50

More examples follow at the end of this chapter that demonstrate

all the elements of a sentence that can result from a sentence to

a term of imprisonment.

The next step in the calculation process of a sentence is to

determine the "Vested Date", sometimes incorrectly referred to as

the "Anniversary Date." The Anniversary Date is the date after

one full year has been served on a sentence. The Vested Date is

the date that is 15 days beyond the last day served on a full

year and, in the case of a partial year, the last day of the

sentence. As noted in 18 U.S.C. § 3624(b) (quoted in its

entirety above), the BOP has 15 days after the end of each full

year served on the sentence to decide how much of 54 days GCT

shall be awarded and six weeks before the end of the sentence to

determine the prorated amount of GCT that shall be awarded.

* Staff shall review appropriate documentation and award the proper

amount of GCT accordingly within the 15 day or last six weeks

consideration period.

Staff may enter any number of days desired into the SENTRY

data base at any time, except on the Vested Date, to learn a

prisoner's projected release date for release planning purposes.

This type of entry into the SENTRY data base does not constitute

a vested award of GCT. *

In order to determine the Vested Date, the release date with

the maximum possible amount of GCT to award must be learned.

Learning (continued on next page)

P.S. 5880.28

February 21, 1992

Page 1 - 51

this information is necessary to make a determination about

whether the fifteen days or the six weeks, or both, need to be

known to decide the amount of GCT to award.

Beginning with a sentence that is 7 days longer than the

last full year that is served on a sentence that is eligible for

GCT through a sentence that is 65 days longer than the last full

year served on a sentence that is eligible for GCT, there is, or

needs to be an overlapping of the 15 days and six weeks GCT

consideration time. In other words, during such times, and

sometimes at the same time, consideration must be given for both

the amount of GCT to award for one full year of service on the

sentence and for a partial year. For example, a sentence of 1

year, 2 months and 2 days imposed on 01-10-88 would have a full

term date of 03-11-89. If the full 15 days were used to decide

that 54 days GCT should be awarded, the 15 days (Vested Date)

would expire on 01-24-89. The release date would be 01-16-89, 8

days before the award could be made. In addition, no

consideration would have been given for the 7 days served over

one year for which 1 day of GCT could be awarded, thus

frustrating and nullifying the very reason for which the six week

consideration period of time was statutorily devised. Remember,

failure to award an amount of GCT less than the amount that can

be awarded on the Vested Date then requires that the full amount

possible to award must be credited.

In order to overcome the problem just described and to give

staff ample time to make proper decisions about the amount of

time to award,

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 52

a system that accommodates both the 15 days and six weeks, called

"overlapping" has been developed.

*

Considering the amount of time to award can begin at any

time, but the official award must be made within the time frame

(15 days or six weeks) required by the statute. As stated

earlier, the official award of GCT need not be made until the

last possible day to make the award allowed by statute. If ISM

staff follow this practice, it will allow time to change the

proposed amount to award up to and including the final day that

the award can be made, including the date of release for a

partial year. If, of course, any GCT is disallowed during the

partial year, then it is necessary to make the actual award of

the balance of the GCT to be awarded on the original date

calculated for release. No GCT may be disallowed during the

service of the disallowed GCT. No GCT shall be awarded for the

time spent serving the disallowed GCT. *

Following are some examples that demonstrate overlapping

situations.

P.S. 5880.28

February 21, 1992

Page 1 - 53

EXAMPLE NO. 1

Sentence = 1 Yr 2 Mos 1 Dy DSB = 01-10-89 Full Term Date = 03-10-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested to Actual Running Date

Date Begins Date Award Award Total 03-10-90

01-10-90 12-05-89 01-15-90 54 54 54 01-15-90

**********************************************************************

In the above example, the sentence is 1 year, 2 months and 1 day.

The statutory six weeks consideration period is used since to use

the full 15 days (01-10-90 (Anniversary Date) through 01-24-90)

after one full year of service on the sentence would result in a

release date (01-15-90) that would be ten days before the final

date of the 15 days (01-24-90). Since there is no preceding year

on which GCT was eligible to be awarded, only one Vested Date

(01-15-90) needs to be established. When six weeks are used, the

last day of the six weeks (Vested Date) will always be the award

date and the award will always be the release date as long as the

full amount possible to award is given.

P.S. 5880.28

February 21, 1992

Page 1 - 54

EXAMPLE NO. 2

Sentence = 1 Yr 2 Mos 2 Dys DSB = 01-10-89 Full Term Date = 03-11-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested to Actual Running Date

Date Begins Date Award Award Total 03-11-90

01-10-90 12-05-89 01-15-90 54 54 54 01-16-90

12-05-89 01-15-90 1 1 55 01-15-90

**********************************************************************

In the above example, the sentence is 1 year, 2 months and 2

days. This example demonstrates the very first sentence where

overlapping occurs. It shows that consideration for the full 54

days and 1 day of GCT as beginning six weeks before the

anticipated release date. If the full 15 days (01-10-90 through

01-24-90) for the 54 days were used, then the release date would

have passed (01-16-90) before the award would have been made on

01-24-90. Of course, consideration to award the 54 days could

have been accomplished during 01-10-90 through 01-15-90 with the

award being made on 01-15-90, and the 1 day of GCT could have

been considered during the same time period with the actual award

being made on 01-15-90. There is no reason to limit the

consideration period to such a short time frame. That short

period of time is the reason for calculating the "Consideration

Begins" date far enough in advance to allow staff ample time to

consider the award without undue pressure from a shrinking

release date. This system gives staff the optimum amount of time

to consider and reconsider whether to award all or part of the

maximum possible GCT that can be awarded.

P.S. 5880.28

February 21, 1992

Page 1 - 55

EXAMPLE NO. 3

Sentence = 1 Yr 2 Mos 10 Dys DSB = 01-10-89 Full Term Date = 03-19-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested to Actual Running Date

Date Begins Date Award Award Total 03-19-90

01-10-90 12-12-89 01-22-90 54 54 54 01-24-90

12-12-89 01-22-90 2 2 56 01-22-90

**********************************************************************

In the above example, the sentence is 1 year, 2 months and 10

days. This example again shows the "Consideration Begins" date

as being six weeks in advance of the release date to give

consideration for the 2 days of GCT. You will note from this

example that by using the same "Consideration Begins" date for

the 54 days that more than six weeks exists. In order to give

staff a full six weeks in which to award and consider the amount

of prorated GCT to award on the partial year at the end of the

sentence, it is necessary to expand the consideration time for

the 54 days that can be awarded for the year just passed. The

consideration time for the year just passed will continue to

expand until such time that the full 15 days provided by statute

can be utilized without cutting into the six weeks that is

statutorily authorized for the partial year at the end of the

sentence (Example No. 7).

P.S. 5880.28

February 21, 1992

Page 1 - 56

EXAMPLE NO. 4

Sentence = 1 Yr 2 Mos 13 Dys DSB = 01-10-89 Full Term Date = 03-22-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-22-90

01-10-90 12-15-89 01-24-90 54 54 54 01-27-90

12-15-89 01-25-90 2 2 56 01-25-90

**********************************************************************

In the above example, the sentence is 1 year, 2 months and 13

days. This example shows that there is now actually enough time

to utilize the full 15 days (01-10-90 through 01-24-90) to award

54 days for the year just passed without interfering with the

eventual release date, but if no consideration time is given for

the 2 days of GCT until after the 54 days is awarded on 01-24-90,

then there would only be one day (01-25-90) in which to consider

and award the 2 days of GCT for the partial year. Since the

statute allows six weeks in which to award the final 2 days of

GCT for the partial year, a "Consideration Begins" date that is

six weeks in advance of the earliest potential release date has

been established for both the 54 days and 2 days to, again, give

staff ample time to make a proper decision about the GCT and to

put off making the actual award until the very latest possible

date. Putting off the award to the last possible moment, as

stated earlier, provides staff with the time to reconsider the

amount of GCT to award up to the maximum date possible (01-24-90

for the 54 days and the release date of 01-25-90 for the 2 days).

So, beginning with sentences of 1 year, 2 months and 13 days, the

amount of time for consideration of the 54 days begins to

diminish since the maximum date to award expires on 01-24-90,

i.e., one full year of service of the sentence beyond one year

expires on 01-09-90 and the statute authorizes 15 days (01-10-90

through 01-24-90) after that year is over to award the GCT, some

or all of it.

P.S. 5880.28

February 21, 1992

Page 1 - 57

EXAMPLE NO. 5

Sentence = 1 Yr 3 Mos 14 Dys DSB = 01-10-89 Full Term Date = 04-23-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 04-23-90

01-10-90 01-10-90 01-24-90 54 54 54 02-28-90

01-12-90 02-22-90 6 6 60 02-22-90

**********************************************************************

In the above example, the sentence is 1 year, 3 months and 14

days. This example shows that the "Consideration Begins" date

for the year just passed and the final partial year are now two

days different. This difference is so because the time period to

award GCT for the year just passed begins the day after (01-10-

90) and runs through the 15th day after (01-24-90) and the time

period to award GCT for the partial year begins six weeks in

advance (01-12-90) of the release date and runs through the date

of release of 02-22-90. Since these time periods overlap, staff

can consider how much of the 54 days and the 6 days to award on

the Vested Dates during the time in which the consideration time

overlaps, or staff can consider each separately during the dates

shown.

P.S. 5880.28

February 21, 1992

Page 1 - 58

EXAMPLE NO. 6

Sentence = 1 Yr 3 Mos 26 Dys DSB = 01-10-89 Full Term Date = 05-05-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-05-90

01-10-90 01-10-90 01-24-90 54 54 54 03-12-90

01-22-90 03-04-90 8 8 62 03-04-90

**********************************************************************

In the above example, the sentence is 1 year, 3 months and 26

days. This example demonstrates that as the sentence length for

the partial year at the end of the sentence becomes longer, the

overlap of the 15 days and the six weeks becomes shorter. In

this example, the overlap period is only three days. Staff must

keep in mind that if consideration for the 54 days and 8 days is

made at the same time, then there would only be three days (01-

22-90 through 01-24-90) in which to award the 54 days, or some

part thereof. It should also be borne in mind that the last 8

days, and the time period in which to consider it, only becomes

valid after the preceding action for the 54 days is complete. If

any amount of GCT less than the 54 days is awarded in the

preceding year, then the dates, and possibly the amount of GCT,

for the final partial year will change.

P.S. 5880.28

February 21, 1992

Page 1 - 59

EXAMPLE NO. 7

Sentence = 1 Yr 3 Mos 29 Dys DSB = 01-10-89 Full Term Date = 05-08-90

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-08-90

01-10-90 01-10-90 01-24-90 54 54 54 03-15-90

01-25-90 03-07-90 8 8 62 03-07-90

**********************************************************************

In the above example, the sentence is 1 year, 3 months, and 29

days. This example shows that beginning with sentences that have

65 days remaining to be served on the final partial year after

GCT has been awarded for the year just passed, that there is no

overlap of the 15 days for the preceding year and the six weeks

for the partial year. The award for the 54 days can be made at

any time from 01-10-90 through 01-24-90, but the award for the 8

days should not be made until the actual release date so that

staff can reconsider how much, if any, of the 8 days to award

up to, and including, the date of release. Remember, once

official action is taken to award the GCT, it cannot be revoked,

modified, reduced, suspended, or otherwise altered or changed in

any way.

P.S. 5880.28

February 21, 1992

Page 1 - 60

EXAMPLE NO. 8

Sentence = 4 Yrs DSB = 01-10-89 Full Term Date = 01-09-93

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 01-09-93

01-10-90 01-10-90 01-24-90 54 54 54 11-16-92

01-10-91 01-10-91 01-24-91 54 54 108 09-23-92

01-10-92 01-10-92 01-24-92 54 54 162 07-31-92

05-25-92 07-05-92 26 26 188 07-05-92

**********************************************************************

In the above example, the sentence is 4 years. This example

shows a sentence with a number of Vested Dates with no

overlapping of the 15 days at the end of the service of a full

year and the six weeks at the end of the sentence.

P.S. 5880.28

February 21, 1992

Page 1 - 61

EXAMPLE NO. 9

Sentence = 7 Yrs DSB = 01-10-89 Full Term Date = 01-09-96

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 01-09-96

01-10-90 01-10-90 01-24-90 54 54 54 11-16-95

01-10-91 01-10-91 01-24-91 54 54 108 09-23-95

01-10-92 01-10-92 01-24-91 54 54 162 07-31-95

01-10-93 01-10-93 01-24-93 54 54 216 06-07-95

01-10-94 01-10-94 01-24-94 54 54 270 04-14-95

01-04-95 01-24-95 54 54 324 02-19-95

01-04-95 02-14-95 5 5 329 02-14-95

**********************************************************************

In the above example, the sentence is 7 years. This example

shows a sentence with a number of Vested Dates and with an

overlapping of the consideration time for the 54 days and 5 days

of GCT. This overlapping of consideration time, explained before

and shown in previous examples, results from the fact that there

is 41 days (which falls in the 7 through 65 days range) left to

be served on the final partial year of the sentence to be served

before the award of the 5 days of GCT is made.

The above system administratively establishes a method that

accommodates the statutory provisions in 18 USC § 3624(b) and

allow staff the consideration time necessary to make proper

awards of GCT.

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 61A

* The following is a guide to assist in monitoring Good

Conduct Time Awards.

a. Disallowance of GCT is determined by the DHO based

on a finding that an inmate committed a prohibited act. The

DHO's decision is final and subject only to procedural review by

the Warden and inmate appeal through the Administrative Remedy

procedures.

b. The DHO will forward the completed Good Conduct

Time Action Notice (BP-448) to the Warden for procedural review.

After review, the form will be distributed as follows: original

to ISM for action and filing in the Judgment and Commitment file,

and one copy to the inmate's Unit Manager for filing in the

Central File.

c. Prior to the beginning of each month, ISM staff

will execute a SENTRY Population Monitoring Transaction to

identify all inmates who have a Vested Date during the following

month. The ISM staff member keying in the information will sign

the Good Time Data Sheet.

d. During the 15 days after the Anniversary Date, ISM

staff will review the J&C File for any GCT disallowances during

the previous year. ISM staff will determine the actual number of

days to be awarded by subtracting any GCT disallowances from the

maximum amount of 54 GCT days. ISM staff should also determine

if there are any pending DHO decisions which may result in GCT

disallowances for the previous year. Normally, ISM staff will

PS 5880.28

(CN-03) February 14, 1997

Page 1 - 61B

enter the number of days of Good Conduct Time into SENTRY on the

Vested Date, or the last normal work day prior to the Vested

Date.

e. If a Good Conduct Time Action Notice (BP-448) has

not been received by the Vested Date, then the Disciplinary Log

shall be used as the official record for disallowing GCT on the

Vested Date. A copy of the disciplinary log shall be placed in

the J&C File pending receipt of a BP-448 that matches the

information on the disciplinary log. After receipt of the

BP-448, the disciplinary log copy shall be destroyed.

f. For partial year awards, ISM staff will enter the

final GCT award into SENTRY on the inmate's release date prior to

the final satisfaction of the sentence. The final GCT award

should be made on the inmate's release date, or the work day

preceding the release date since awards of GCT are vested and may

not later be disallowed. If the time remaining on the sentence

is less than a year, a prorated amount of Good Conduct Time will

be entered into SENTRY. This also includes shorter sentences up

to and including a sentence of 417 days (usually equaling 1 year,

1 month and 1 day), which do not earn the full amount of 54 GCT

days, but earn a lesser prorated amount. Inmates serving SRA

sentences are not eligible for lump sum awards of GCT.

g. Community Corrections staff will perform the above

procedures for prisoners in community correction centers. The

Disciplinary Log need not be produced for prisoners who are

boarded out to state facilities or who are serving their

sentences concurrently in a state facility. *

P.S. 5880.28

February 21, 1992

Page 1 - 62

h. Six Month/Ten Percent Period. The BOP is required,

to the extent practicable, to assist prisoners in their re-entry

into the community near the end of the sentence. In order to

achieve this re-entry, 18 USC § 3624(c) specifies that, "The

Bureau of Prisons shall, to the extent practicable, assure that a

prisoner serving a term of imprisonment spends a reasonable part,

not to exceed six months, of the last 10 percentum of the term to

be served under the conditions that will afford the prisoner a

reasonable opportunity to adjust to and prepare for his re-entry

into the community."

The last ten percent of a sentence, not to exceed

six months, is not based on the total sentence imposed but rather

on the total amount of time that the prisoner is required to

serve in confinement. For instance, based on the sentence

calculation demonstrated in paragraph "g.", Example No. 1, for a

sentence of 1 year, 2 months and 1 day, the "preparation for re-

entry into the community," or pre-release time, would be 37 days.

The 37 days would be subtracted from the release date to arrive

at a "6 Months/10 Per Centum Date." The ten percent time period

(37 days) is used as required by statute rather than six months

because the 37 days are less than six months.

The time period of 37 days was determined by

finding ten per cent of the total number of days to be served on

the sentence of 1 year, 2 months and 1 day which amounted to 371

days (425 days (1 year, 2 months and 1 day) minus 54 days GCT).

Ten percent of 371 equals

P.S. 5880.28

February 21, 1992

Page 1 - 63

37.1 (fractions are dropped). The prisoner could spend 37 days

in pre-release custody of some form.

Beginning with time served in confinement of 1810

days (1810 days x 10 per cent = 181 days) through 1839 days (1839

days x 10 per cent = 183 days), both the 10 percent and six month

date need to be determined so that a comparison of the two dates

can be made to assure that no more than six months will be spent

in pre-release custody. Six months always equals more than 180

days and never 184 days or more. Therefore, if ten percent of

the time to be served in confinement is 180 days or less, no

comparison with the six month date need be made since the 180

days is less than six months. If ten percent of the confinement

time is 184 days or more, then only the six month date need be

determined since 184 days is always more than six months. If ten

percent of the confinement time equals 181, 182 or 183 days, then

a comparison of the ten per cent and six month date must be made.

For example, if 1824 days are to be served in confinement on a

sentence, the ten percent pre-release time equals 182 days (1824

x 10% = 182.4 (fractions are dropped)). If the tentative release

date is January 6, 1993, then subtracting 182 days from that date

equals July 8, 1992, resulting in a ten per cent date of July 9,

1992 (July 9th is used instead of July 8th, since July 8th would

be one day more than 182 days). Six months subtracted from the

release date of January 6, 1993 is July 6, 1992, resulting in a

six month date of July 7, 1992 (July 7th is used rather than July

6th, since July 6th would be one day more than six months).

Since, in this case, ten percent of the time to serve is less

than six months, then the ten percent date of

P.S. 5880.28

February 21, 1992

Page 1 - 64

July 9, 1992 would be the very earliest date on which pre-release

custody could begin.

As you can see, once the anticipated release date

is known, then the "6 Month/10 Per centum Date" is easily

calculated.

PS 5880.28

CN 05, 12/31/98

Page 1 - 65

i. Supervised Release.

(1) Statutory provision. 18 U.S.C § 3583(a) and (b)

authorizes the court to impose a term of supervised release that

will follow imprisonment and states,

(a) In general.--The court, in imposing a sentence to a

term of imprisonment for a felony or a misdemeanor, may

include as a part of the sentence a requirement that the

defendant be placed on a term of supervised release after

imprisonment, except that the court shall include as a part

of the sentence a requirement that the defendant be placed

on a term of supervised release if such a term is required

by statute or if the defendant has been convicted for the

first time of a domestic violence crime as defined in

section 3561(b).

(b) Authorized terms of supervised release.--Except as

otherwise provided, the authorized terms of supervised

release are--

(l) for a Class A or Class B felony, not more than five

years;

(2) for a Class C or Class D felony, not more than three

years; and

(3) for a Class E felony, or for a misdemeanor (other

than a petty offense), not more than one year.

* (Note: In the policy that follows, the use of the term

sentence means a federal sentence unless otherwise

specified.) *

There are certain other sections in the United States

Code, primarily those penalty sections pertaining to offenses

involving controlled substances and the use of firearms and

explosives or destructive devices, that authorize, and in many

cases mandate, terms of supervised release that exceed the

maximums set forth in 18 U.S.C. § 3583(b).

The legislative history states in part,

This section permits the court . . . to include as part of

the sentence a requirement that the defendant serve a term

of supervised release after he has served the term of

imprisonment. Unlike current parole law, the question

PS 5880.28

CN 05, 12/31/98

Page 1 - 66

whether the defendant will be supervised following his term

of imprisonment is dependent on whether the judge concludes

that he needs supervision, rather than on the question

whether a particular amount of his term of imprisonment

remains. The term of supervised release would be a separate

part of the defendant's sentence, rather than being the end

of the term of imprisonment.

(2) Release to supervision of a probation officer. 18

U.S.C. § 3624(e) states in part,

A prisoner whose sentence includes a term of supervised

release after imprisonment shall be released by the Bureau

of Prisons to the supervision of a probation officer who

shall, during the term imposed, supervise the person

released to the degree warranted by the conditions specified

by the sentencing court.

For each judgment and commitment (J&C) that contains a

period of supervised release, the U.S. Probation Service (USPS)

will complete a probation form 7A (Conditions of Probation and

Supervised Release) that sets forth the supervised release

period, conditions and fine information. On occasion the USPS

may cause the 7A to be attached to the J&C or to the presentence

investigation report, or the USPS could send it to the

institution. Whenever ISM receives the 7A all copies shall be

sent to the inmate’s unit team. Do not place a copy in the J&C

file.

(3) Commencement, calculation and running of a

supervised release term. For calculation purposes, the term of

supervised release commences on the day that the prisoner is

released from imprisonment, except in certain unpaid fine

situations (See Chapter I, paragraph o.), as required by 18

U.S.C. § 3624(e) which states in part,

The term of supervised release commences on the day the

person is released from imprisonment and runs concurrently

with any Federal, State, or local term of probation or

supervised release or parole for another offense to which

the person is subject or becomes subject during the term of

supervised release. A term of supervised release does not

run during any period in which the person is imprisoned in

connection with a conviction for a Federal, State, or local

crime unless the imprisonment is for a period of less than

30 consecutive days.

PS 5880.28

CN 05, 12/31/98

Page 1 - 67

As noted, the commencement date for the term of

supervised release will begin on the final day of the sentence,

or on the final day of an aggregate sentence, even if that final

day is the result of a weekend or holiday release.

If a combination of New Law (NL) sentences and/or Old

Law (OL) sentences must be served, the supervised release term

for the NL sentence, or sentences, shall begin to run on the

final day of imprisonment for all sentences.

The Bureau does not, however, officially determine the

date on which a term of supervised release commences. The United

States Courts have the authority and responsibility for

determining the commencement of, or tolling of, the term of

supervised release. For the foregoing reasons, the Bureau does

not calculate an expiration date for the supervised release term.

Because of the language in § 3624(e) that requires the

term of supervised release to run "concurrently" with any federal

term of supervised release, it is the Bureau’s interpretation

that a court cannot order supervised release terms to run

consecutively to one another in multiple count or multiple

sentence situations.

In view of the above, for a single J&C with two or more

counts, ISM staff shall consider the longest supervised release

term as the supervised release term for that J&C. Likewise, if

two or more J&C’s are involved for sentences that can be

aggregated, the longest supervised release term for the aggregate

shall be considered the supervised release term for the

aggregated computation.

If a court orders two or more supervised release terms

to be served consecutively, follow the order. It is not

necessary to notify the U.S. Attorney or USPS that the Bureau

considers the order to be improper since the Bureau has no

authority or responsibility for enforcing a term of supervised

release.

(Note: For certain drug offenses that occurred on or after

October 27, 1986 but prior to November 1, 1987, the court

is, because of the Anti-Drug Abuse Act of 1986 (P.L. 99-

570), required to impose an SR term even though the regular

sentencing provisions are under OL. See the OL Sentence

Computation Manual, Chapter VII, Page 53, paragraph 13.c.

for more information about these cases.)

If there is no period of supervised release to follow

the term of imprisonment, then a prisoner with a fine shall be

released on the release date without regard to the status of the

fine.

PS 5880.28

CN 05, 12/31/98

Page 1 - 68

A prisoner, with a term of supervised release to

follow, who has a fine or restitution shall be released in

accordance with the instructions contained in Chapter I,

paragraph o.

(4) Revocation of a term of supervised release. The

court, in imposing a period of supervised release, sets the

conditions (18 U.S.C. § 3583(d)) that the prisoner must observe

while under supervision, and, if the prisoner fails to abide by

those conditions, then the court may, under 18 U.S.C. § 3583(e)

(3) revoke a term of supervised release, and require the

defendant to serve in prison all or part of the term of

supervised release authorized by statute for the offense

that resulted in such term of supervised release without

credit for time previously served on post-release

supervision, if the court, pursuant to the Federal Rules of

Criminal Procedure applicable to revocation of probation or

supervised release, finds by a preponderance of the

evidence that the defendant violated a condition of

supervised release, except that a person whose term is

revoked under this paragraph may not be required to serve

more than 5 years in prison if the offense that resulted in

the term of supervised release is a class A felony, more

than 3 years in prison if such offense is a class B felony,

more than 2 years in prison if such offense is a class C or

D felony, or more than one year in any other case; or

As noted above, the court, upon revocation of a term of

supervised release may impose a term of imprisonment. In

addition to the term of imprisonment, the court may also impose

another period of supervised release to follow as authorized

under 18 U.S.C. § 3583(h) which states,

(h) Supervised release following revocation.--When a term

of supervised release is revoked and the defendant is

required to serve a term of imprisonment that is less than

the maximum term of imprisonment authorized under subsection

(e)(3), the court may include a requirement that the

defendant be placed on a term of supervised release after

imprisonment. The length of such a term of supervised

release shall not exceed the term of supervised release

authorized by the statute for the offense that resulted in

PS 5880.28

(CN-05)

Page 1 - 69

the original term of supervised release, less any term of

imprisonment that was imposed upon revocation of supervised

release.

18 U.S.C. § 3583(h) became effective on September 13,

1994 as a result of the VCCLEA. As noted, a new period of

supervised release may be imposed upon revocation of the current

term of supervised release, regardless of the date of offense,

provided the criteria as set forth in § 3583(h) is met. Contrary

to the Bureau’s interpretation of this provision, some circuit

and district courts have held that § 3583(h) applies only to

offenses that occur on or after the effective date of the act.

It is not necessary, however, for ISM staff to monitor the

appropriateness of a supervised release term imposed in

connection with a revocation term. The Bureau has no authority

or responsibility for enforcing a term of supervised release.

A revocation of a term of supervised release cannot

begin to run, or commence, any earlier than the date on which it

is revoked. A supervised release revocation term, for

calculation purposes, shall be treated the same as any other NL

sentence and may be aggregated with other NL sentences following

the same aggregation policy as discussed in Chapter I, paragraphs

l. and m., of this Manual.

Any prior custody time spent in official detention

after the date of offense that was not awarded to the original

sentence or elsewhere shall be awarded to the revocation term.

(See Chapter I, 3.c. for detailed prior custody time

determination information.)

It is possible that an inmate about to be released may

be finishing a combination of sentences such as SRA, VCCLEA

violent and non-violent and PLRA, each with its own period of

supervised release to follow. It is also possible that a

prisoner about to be released may be finishing a combination of

sentences with supervised release attached to one or several, but

not all, of the sentences just completed.

If there is more than one period of supervised release

to follow, supervision in the community is consolidated and if

the supervised release is revoked it is revoked for all sentences

involved, ordinarily making it impossible to tie the revocation

term to one of the sentences from which released. If the court

specifies the sentence or count to which the revocation term

applies, then the revocation term shall be treated in accordance

with the same sentencing provision as the sentence from which

released.

PS 5880.28

CN 5, 12/31/98

Page 1 - 70

The following instructions apply upon revocation of a

supervised release term.

(Note: If on file, the original BP-S613 (Determination of

Violent/Non-Violent Status) form shall suffice as

appropriate documentation for the VCCLEA violent or non-

violent determination.)

O If the revocation term flows from a single count on a

single judgment, treat the revocation term the same as

the single count.

O If the revocation term flows from multiple counts and

the court identifies a count for which the revocation

term was imposed, treat the revocation term the same as

the single count.

O If multiple count supervised release terms of equal

length are involved and if it cannot be determined to

which count the revocation term applies, the

instructions below apply.

o If the sentences from which released include a

combination of SRA, VCCLEA violent and non-

violent, and PLRA sentences, treat the revocation

term the same as a PLRA sentence.

o If the sentences from which released include SRA

and VCCLEA violent and non-violent sentences,

treat the revocation term the same as a VCCLEA

violent sentence.

o If the sentences from which released include

VCCLEA violent and non-violent sentences, treat

the revocation term the same as a VCCLEA violent

sentence.

o If the sentences from which released include SRA

and VCCLEA non-violent sentences, treat the

revocation term the same as a VCCLEA non-violent

sentence.

O If the supervised release terms for multiple counts are

not the same length, then the count with the longest

term shall control for determining the manner in which

the revocation term shall be treated. *

P.S. 5880.28

February 21, 1992

Page 1 - 76

j. One Count Detention and Community Confinement/Home

Detention Sentence. On occasion, the court may impose a term of

imprisonment on one count that includes a period of detention

plus a period of community confinement or home detention. In

such a case, the sentence shall be computed based on the stated

term of imprisonment and shall be interpreted as the total term

in effect. If the court, however, indicates that a portion of

the term be served in community confinement or home detention as

a condition of supervised release, then the sentence shall be

computed to reflect only the imprisonment portion of the

sentence. For example:

(1) The Judgment and Commitment Order directs that the

"defendant is hereby committed to the custody of the United

States Bureau of Prisons to be imprisoned for a term of 10 months

- five months in a correctional facility and five months

community confinement."

The term of imprisonment in this example is ten

months. The five months of community confinement shall be

treated as a judicial recommendation. The inmate will be

considered for placement in a community corrections center or for

home detention after service of the first five months of the

sentence. Placement will be made in accordance with Bureau of

Prisons policy.

(2) The Judgment and Commitment Order directs that the

"defendant is hereby committed to the custody of the United

States Bureau of Prisons to be imprisoned for a term of 10 months

- five

P.S. 5880.28

February 21, 1992

Page 1 - 77

months in a correctional facility and five months community

confinement." Following the sentence, usually on another page,

the statement appears that the five months of community

confinement or home detention is to be served as a condition of

supervised release.

The sentence of imprisonment in this example shall

be computed as five months. After service of the five months of

imprisonment in a Bureau of Prisons or contract facility, the

inmate shall be released and placed on supervised release in

community confinement or on home detention for the remaining five

months, providing that any fine that may have been imposed has

been properly processed prior to release.

If the inmate's eventual release is to a detainer,

the United States Probation Officer will handle the placement of

the inmate for the community confinement or home detention

portion of the period of supervised release upon release from the

detaining authority. It is imperative, therefore, that the

United States Probation Officer be notified of the inmates

release status at the end of the imprisonment portion of the

sentence.

For cases that fall outside the situations

discussed above, correspondence shall be sent to the Assistant

United States Attorney requesting that their office convey to the

sentencing judge our interpretation of the Judgment and

Commitment. The Inmate Systems Manager will normally be

responsible for preparing the letter under the signature of the

Chief Executive Officer. The Community

P.S. 5880.28

February 21, 1992

Page 1 - 78

Corrections Manager should accomplish this requirement for

computations at community correctional facilities.

The letter should contain the inmate's name,

applicable docket number, and other pertinent information

relating to the case. All concerns should be addressed in a

courteous manner. It should be conveyed that the Bureau of

Prisons is seeking assistance in properly carrying out the order

of the court and a response is desired for clarification only.

A copy of the letter shall be forwarded to the

Regional Inmate Systems Administrator for comment prior to

submission to the Assistant United States Attorney. A copy of

the letter shall be placed in the inmate's Judgment and

Commitment File for documentation. Whenever appropriate, the

Regional Inmate Systems Administrator will discuss the issue with

the Regional Counsel or other appropriate staff members.

If time is not permitted for the above procedures,

a telephone call to the Assistant United States Attorney or

United States Probation Officer that requests a clarification of

the court's intent may be made and then documented in the

inmate's Judgment and Commitment File.

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78A

* k. Implementation of the amendment to 18 U.S.C. § 3621 of

the Violent Crime Control and Law Enforcement Act of 1994 (P.L.

103-322). The Violent Crime Control and Law Enforcement Act

(VCCLEA) was enacted on, and became effective on, September 13,

1994 and added subsection (e) to § 3621. That amendment adds a

new method of early release for those qualified prisoners who

successfully complete a treatment program as specified by the

Bureau of Prisons (Bureau). Only the portion of the amendment

which pertains to ISM sentence calculation responsibilities and

sentence monitoring functions will be discussed.

An order from a court that conflicts with the instructions

contained herein for implementation of the § 3621(e) provisions

shall be referred to the Regional Inmate Systems Manager who

shall notify the Central Office Inmate Systems Administrator so

that a joint course of action may be discussed.

(1) 18 U.S.C. § 3621(e). The new subsection (e) that

was added to 18 U.S.C. § 3621 by VCCLEA has a retroactive effect

and applies to all qualified prisoners whose date of offense

occurred on or after November 1, 1987, the effective date of the

Sentence Reform Act (SRA). It also applies prospectively to the

Prison Litigation Reform Act (PLRA) of 1995 (P.L. 104-134),

effective on April 26, 1996.

An old law sentence means a sentence that was imposed

for an offense that occurred prior to November 1, 1987 and a new

law (includes SRA, VCCLEA and PLRA) sentence means a sentence

that was imposed for an offense that occurred on or after

November 1, 1987.

Only a nonviolent new law offender may receive a

sentence reduction benefit under § 3621(e)(2)(B).

The portion of § 3621(e) which applies to ISM

functions, subsection (2)(B)), states:

(2) Incentive for prisoners' successful

completion of treatment program.--

(B) Period of custody.--The period a

prisoner convicted of a nonviolent {emphasis

added} offense remains in custody after

successfully completing a treatment program

may be reduced by the Bureau of Prisons, but

such reduction may not be more than one year

from the term the prisoner must otherwise

serve.

(a) The 18 U.S.C. § 3621(e) effective date. The

Bureau has established programs to implement 18 U.S.C. § 3621(e)

as set forth in the Program Statement, Inmate Drug Abuse Programs

Manual, (DAPS Manual). (Also see 28 CFR §§ 550.50-550.60).

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78B

# The effective date for § 3621(e) the Bureau

established in the DAPS Manual was June 26, 1995.

No prisoner could be released under this provision

prior to that date.

# Prisoners who began participating in the unit-

based portion of the comprehensive program on or

before August 17, 1995 that could lead to a

3621(e) Release Date, and who had a detainer

(including an INS detainer) on file, or who had a

detainer filed after participation in the unit-

based portion of the comprehensive program began

must be released directly from the institution to

the authority (or the official acting in their

behalf) who placed the detainer. These prisoners

are required to participate in institution

transitional services for at least 180 days before

release to the detainer.

(b) DAPS program determinations and eligibility.

ISM staff do not make determinations regarding prisoner

eligibility for a sentence reduction under § 3621(e). They

should, however, be aware of the eligibility requirements in

order to provide the DAP Coordinator and Unit Manager with

information received through ISM functions that may affect

prisoner eligibility for a sentence reduction under § 3621(e).

Only a new law prisoner is eligible for an early

release under § 3621(e). Prisoners not eligible for the early

release provisions of § 3621(e) include:

# A prisoner with a detainer on file (including

a consecutive old law sentence detainer and

an INS detainer) who was not in a unit-based

portion of the comprehensive program on or

before August 17, 1995.

# A prisoner whose current offense was a crime

of violence as defined in the Program

Statement on Definition of Term, "Crimes of

Violence."

# A prisoner who has a prior conviction for

homicide, forcible rape, robbery or

aggravated assault.

# An INS detainee.

# A pretrial prisoner including a presentenced

prisoner.

# A contract state prisoner.

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78C

# A District of Columbia Code prisoner.

# An old law prisoner (date of offense occurred

prior to November 1, 1987).

# A military prisoner (includes Coast Guard).

It is important that ISM and unit staff thoroughly

research and investigate any information that might lead to the

placement or removal of a detainer.

(c) The § 3621(e)(2)(B) sentence reduction.

Under § 3621(e)(2)(B), a prisoner may receive a sentence

reduction "but such sentence reduction may not be more than one

year from the term the prisoner must otherwise serve."

The Bureau interprets the statutory language to

mean that any sentence reduction of one year or less shall be

deducted from the projected SRD of the sentence. No sentence

reduction greater than one year is authorized. The date produced

as a result of the tentative sentence reduction shall be termed

the 3621(e) Release Date.

(d) Tentative sentence reduction. ISM staff make

a tentative sentence reduction only after receiving a

NOTIFICATION OF INMATE § 3621E ELIGIBILITY form (Attachment H to

the DAPS Manual) that has been signed by the DAP Coordinator and

the Warden. No tentative sentence reduction shall be awarded

without the signatures of the DAP Coordinator and Warden on

Attachment H.

A properly executed Attachment H is ISM's

authority to calculate the tentative sentence reduction.

Attachment H shall be placed in the Judgment and Commitment File

on top of the judgment and commitment document.

The SENTRY 3621E Release Date calculation is

activated when the Attachment H date in the sentence that reads,

"He/she is expected to complete the requirements of the

residential program on (blank) date," is entered into the

SENTENCE MONITORING CALC/UPDATE COMPUTATION screen. This date

shall be referred to as the 3621E CRPS date.

The formula for computing a tentative 3621E

Release Date, based on the tentative one year sentence reduction,

is a simple arithmetical calculation.

The formula is: Projected SRD minus one year =

Tentative 3621E Release Date.

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78D

SENTRY is programmed to subtract one year from the

projected SRD to produce the tentative 3621E Release Date.

SENTRY may produce a date that is earlier than the date on which

the calculation is performed but will not produce a date that is

earlier than the 3621E CRPS date since no sentence reduction may

occur any earlier than the completion date of the unit-based

portion of the DAPS residential program.

The SENTRY program will default to the 3621E CRPS

date if it is less than one year from the projected SRD and that

date will become the tentative 3621E Release Date.

Definitive SENTRY instructions follow:

# Enter the access transaction code

which will produce the SENTENCE

MONITORING CALC/UPDATE COMPUTATION

screen.

# In the 3621E CRPS MN field, enter

the 3621E CRPS date.

# RPC the computation. This

transaction will produce the 3621E

REL DT, the PROJ SAT DT and the

PROJ SAT METH of 3621E CMPL. If

the 3621E CRPS date is less than

one year from the projected SRD,

then SENTRY will default to the

3621E CRPS date and that date will

become the 3621E Release Date.

(e) Notification of CCC placement date.

Following receipt of Attachment H, ISM will receive a

NOTIFICATION OF CCC PLACEMENT DATE form (BP-S628) if the

institution is unable to transfer the prisoner to a CCC for

Completion of the Community Program for Substance (CCPS) Abuse

as approved by the CEO. In other words, if some of the required

CCC time encroaches into the full one year sentence reduction,

then the Unit Manager shall forward the BP-S628 to ISM which will

include the 3621E CRPS date, the date on which the prisoner will

be placed in a CCC, and the number of days the prisoner will be

required to remain in the CCC for the CCPS Abuse.

ISM staff shall enter the information from form

BP-S628 into SENTRY which will produce the final 3621E Release

Date. ISM staff must manually calculate a 3621E CCPS date as

explained below. (ISM staff may wish to use the INDEPENDENT

SENTENCE COMPUTATION transaction to assist in the calculation of

the 3621E CCPS date.)

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78E

Definitive SENTRY instructions follow:

# From form BP-S628, following the instructions

in the second sentence that states, "He/she

will be placed in a community-corrections

center on (blank) date for (blank) days," add

the number of days to be spent in a community

corrections center (CCC) to the date on which

the prisoner will be furlough transferred to

the CCC (back up one day). This calculation

will produce a Completion of Community

Program for Substance Abuse date or 3621E

CCPS date.

# Enter into SENTRY the access transaction code

which will produce the SENTENCE MONITORING

CALC/UPDATE COMPUTATION screen.

# In the 3621E CRPS MN field, enter

the 3621E CRPS date from form BP-

S628.

# In the 3621E CCPS MN field, enter

the 3621E CCPS date that was

manually calculated.

# RPC the computation. This

transaction will produce the 3621E

REL DT, the PROJ SAT DT and the

PROJ SAT METH of 3621E CMPL.

(f) Removal of a 3621E Release Date. In "short"

sentence cases, the possibility exists that the 3621E Release

Date may be on, or so close to, the 3621E CRPS date that transfer

to a CCC cannot be effected on or before arrival of the 3621E

Release Date. As a result, the 3621E Release Date shall be

removed pending further action by the Unit Staff.

If a sentence is reduced, or additional prior

custody time credit is awarded, and causes the 3621E Release Date

to be on or earlier than the date on which the calculation is

performed, then the 3621E Release Date shall be removed.

If a sentence becomes inoperative (e.g., escape,

civil contempt, appeal bond release, etc.) prior to the 3621E

Release Date, then the 3621E Release Date shall be removed.

Whenever ISM staff remove a 3621E Release Date,

Attachment H remains in the Judgment and Commitment File and a

memorandum shall be promptly sent to the Unit Manager (copy to

the DAP Coordinator) that explains the removal.

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78F

If the 3621E Release Date is removed as the result

of the reasons just discussed in the preceding paragraphs, ISM

should anticipate (except in cases of inoperative time) receiving

a form BP-S628 that will cause a new 3621E Release Date to be

recalculated as discussed in paragraph (e) above. Local

procedures should be established to monitor these situations.

Definitive SENTRY instructions follow for removal

of the 3621E Release Date:

# Enter the access transaction code

which will produce the SENTENCE

MONITORING CALC/UPDATE COMPUTATION

screen.

# Delete (space through) the date in

the 3621E CRPS MN field.

# RPC the computation. This transaction will

eliminate the 3621E Release Date and produce

a projected SRD based on current sentence

data.

(g) Attachment C, SRD reinstatement. For a

community-based program failure with a 3621E Release Date, the

Community Corrections Manager (CCM) shall execute CHANGE IN DRUG

ABUSE TREATMENT PROGRAM STATUS MEMORANDUM (Attachment C) and

forward it to the appropriate institution ISM. If the form is

not received by the time the inmate is returned to an

institution, ISM staff shall promptly contact the appropriate CCM

and request that the form be sent via fax.

When Attachment C is received, ISM staff shall

remove the 3621E Release Date and cause a recalculation of

sentence, as described above, to produce a new projected SRD.

Attachment C shall be placed in the Judgment and

Commitment File on top of any prior § 3621(e) document.

(h) Notification procedures for 3621E Release

Date new information or changes. For each prisoner who has a

3621E Release Date, ISM staff shall promptly notify the Unit

Manager (copy to the DAP Coordinator) via memorandum whenever a

sentence change occurs as a result of a court action or

imposition of a new sentence, or a change in prior custody time

credits.

The memorandum shall include:

# An explanation of the change,

# Effect on the 3621E Release Date and,

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78G

# A request that ISM be promptly notified as to

any action that is taken with regard to the

3621E Release Date.

A copy of any memorandum sent or received shall be

filed in the Judgment and Commitment file on top of any prior

§ 3621(e) document.

If a detainer is received, ISM staff shall forward

a copy of form DETAINER ACTION LETTER C (BP-S394) to the DAP

Coordinator in addition to the copy routinely sent to the Unit

Manager. ISM staff shall note the Judgment and Commitment file

copy of the form BP-S394 that a copy has been sent to the DAP

Coordinator.

(i) 3621E Release Date restorations. ISM staff

shall restore a 3621E Release Date that was removed only upon

receipt of a new Attachment H or of a NOTIFICATION OF CCC

PLACEMENT DATE form BP-S628. For a 3621E Release Date

restoration based on the receipt of a new Attachment H, follow

the SENTRY instructions in subparagraph (e) above. For a form

BP-S628 restoration, follow the instructions in paragraph (e)

above.

(j) Disallowed and forfeited GCT. For disallowed

or forfeited GCT, the following information and procedures apply:

# If the 3621E Release Date is one year earlier

than the projected SRD, then SENTRY will

automatically make that date later by the

exact number of days disallowed or forfeited.

# If the 3621E Release Date is less than one

year earlier than the projected SRD, then the

number of days disallowed or forfeited must

manually be added to the 3621E Release Date

to arrive at a new date. The new date must

be manually entered into the 3621E CCPS MN

field on the SENTENCE MONITORING CALC/UPDATE

COMPUTATION screen and recalculated (RPC).

SENTRY will produce the 3621E REL DT, the

PROJ SAT DT and the PROJ SAT METH of 3621E

CMPL.

(k) ISM procedures in a CCC. After the prisoner

arrives in a CCC for the community-based treatment program, the

3621E Release Date may be extended in limited circumstances (see

Drug Abuse Program Manual). No extension can be made to the

3621E Release Date by the ISM (or someone acting in that

capacity) without receipt of a form NOTICE TO INMATE THE

PREVIOUSLY SCHEDULED RELEASE DATE IS BEING DELAYED (Attachment F

PS 5880.28

CN-04, June 30, 1997

Page 1 - 78H

from the Program Statement on Intensive Confinement Center

Program (ICCP)). The CCM must sign Attachment F for an extension

of the 3621E Release Date which will usually be for a period of

time not to exceed 30 days.

If time constraints prevent the CCM from extending

the 3621E Release Date prior to a prisoner's return to an

institution, then institution ISM staff shall make the change.

If the Attachment F does not accompany the prisoner to the

institution, ISM staff shall contact the CCM and request that the

Attachment F be sent via a fax.

Attachment F shall be placed in the Judgment and

Commitment File on top of any prior § 3621(e) document. When ISM

receives an Attachment F, the following instructions apply:

# Enter into SENTRY the access transaction code

which will produce the SENTENCE MONITORING

CALC/UPDATE COMPUTATION screen.

# In the 3621E CCPS MN field, enter

from Attachment F from the first

sentence on the form the "has been

delayed until (Blank)" date.

# RPC the computation. This

transaction will produce the new

3621E REL DT, the PROJ SAT DT and

the PROJ SAT METH of 3621E CMPL.

(l) New law and old law sentence combinations.

Three basic guidelines have been established for making a

§ 3621(e) eligibility determination when a prisoner has a

combination of new law and old law sentences.

# A new law sentence followed by a consecutive

old law sentence is not eligible for the

§ 3621(e) early release benefit. (Note: If

the prisoner's participation in the unit

based portion of the comprehensive program

began on or before August 17, 1995, and a

consecutive old law sentence was on file as a

detainer upon completion of the program, then

the prisoner would be eligible for the

§ 3621(e) early release benefit without

participating in the transitional portion of

the program in a CCC.)

# A new law sentence that is consecutive to an

old law sentence and that qualifies is

eligible for the § 3621(e) early release

PS 5880.28

(CN-04) June 30, 1997

Page 1 - 78I

benefit providing that the time required to

serve in a CCC is accomplished solely during

the service of the new law sentence.

# A new law sentence that is served

concurrently with an old law sentence, and

that qualifies, is eligible for the § 3621(e)

early release benefit. If the final 3621E

Release Date is earlier than the SRD or

Presumptive Parole Date of the old law

sentence, then the final 3621E Release Date

shall be adjusted to match the later old law

release date using the following

instructions:

# Enter into SENTRY the access transaction

code which will produce the SENTENCE

MONITORING CALC/UPDATE COMPUTATION

screen.

# In the 3621E CRPS MN field,

enter the 3621E CRPS date from

form BP-S628.

# In the 3621E CCPS MN field,

enter the old law final

release date.

# RPC the computation. This

transaction will produce the

3621E REL DT, the PROJ SAT DT

and the PROJ SAT METH of 3621E

CMPL.

Any combination of new law and old law sentences

that does not meet the above criteria shall be referred to the

Central Office Chief of Operations for assistance.

(m) Release verification for an inmate with a

3621E Release Date. Prior to releasing an inmate with a 3621E

Release Date, ISM staff shall verify that a properly executed

Attachment K (Final Review of Inmate’s Provisional Release) and

Central Office approval have been received and are included as

part of the inmate's release paperwork. (Note: The Attachment K

and Central Office approval must be on file in the Judgment and

Commitment File prior to release in the detainer exception cases

or prior to furlough transfer to a CCC.)

PS 5880.28

CN 5, 12/31/98

Page 1 - 78J

* l. Implementation of amendments to 18 U.S.C. § 3624(b) of

the Violent Crime Control and Law Enforcement Act of 1994 (P.L.

103-322). The Violent Crime Control and Law Enforcement Act

(VCCLEA) provisions that amended § 3624(b) became effective on

September 13, 1994 and applies to offenses committed on or after

that date but before April 26, 1996. VCCLEA sentences of more

than one year, other than a term of life, are authorized to

receive credit of up to 54 days good conduct time (GCT) at the

end of each year of imprisonment, provided the inmate

satisfactorily complies with the provisions of amended § 3624(b).

Credit for the last partial year is prorated.

An Old Law (OL) sentence refers to a sentence imposed for an

offense that occurred prior to November 1, 1987. A Sentencing

Reform Act of 1984 (SRA) sentence refers to a sentence imposed

for an offense that occurred on or after November 1, 1987 but

before September 13, 1994; a VCCLEA sentence refers to a sentence

imposed for an offense that occurred on or after September 13,

1994 but before April 26, 1996; and a Prison Litigation Reform

Act of 1995 (PLRA) sentence refers to a sentence imposed for an

offense that occurred on or after April 26, 1996.

Under the VCCLEA, amended § 3624(b), states,

(1) A prisoner (other than a prisoner serving a sentence for

a crime of violence) [emphasis added] who is serving a term

of imprisonment of more than one year, other than a term of

imprisonment for the duration of the prisoner’s life, shall

receive credit toward the service of the prisoner's

sentence, beyond the time served, of fifty-four days at the

end of each year of the prisoner's term of imprisonment,

beginning at the end of the first year of the term, unless

the Bureau of Prisons determines that, during that year, the

prisoner has not satisfactorily complied with such

institutional disciplinary regulations as have been approved

by the Attorney General and issued to the prisoner. A

prisoner who is serving a term of imprisonment of more than

1 year for a crime of violence, [emphasis added] other than

a term of imprisonment for the duration of the prisoner's

life, may receive credit toward the service of the

prisoner's sentence, beyond the time served, of up to 54

days at the end of each year of the prisoner’s term of

imprisonment, beginning at the end of the first year of the

term, subject to determination by the Bureau of Prisons

that, during that year, the prisoner has displayed exemplary

compliance with such institutional disciplinary regulations

[emphasis added]. If the Bureau determines that, during that

year, the prisoner has not satisfactorily complied with such

PS 5880.28

CN 5, 12/31/98

Page 1 - 78K

institutional regulations, the prisoner shall receive no

such credit toward service of the prisoner’s sentence or

shall receive such lesser credit as the Bureau determines to

be appropriate. The Bureau’s determination shall be made

within fifteen days after the end of each year of the

sentence. Credit that has not been earned may not later be

granted [emphasis added]. Credit for the last year or

portion of a year of the term of imprisonment shall be

prorated and credited within the last six weeks of the

sentence.

(2) Credit toward a prisoner's service of sentence shall not

be vested unless the prisoner has earned or is making

satisfactory progress toward a high school diploma or an

equivalent degree.

(3) The Attorney General shall ensure that the Bureau of

Prisons has in effect an optional General Educational

Development program for inmates who have not earned a high

school diploma or its equivalent.

(4) Exemptions to the General Educational Development

requirement may be made as deemed appropriate by the

Director of the Federal Bureau of Prisons.

(Note: In the policy that follows, the use of the term

sentence means a federal sentence unless otherwise

specified.)

The VCCLEA amendments to § 3624(b) create distinctions

between violent and non-violent offenders and inmates who have,

or do not have, a high school diploma or equivalency. These

distinctions can affect the awarding, disallowance, and

forfeiture of GCT and the aggregation of VCCLEA sentences with

other sentences.

The following policy and information is provided for the

enforcement of the new VCCLEA amendments.

Because of the non-aggregation and de-aggregation

possibilities that may occur as a result of the various

sentencing laws, a future date computation began (DCB) policy has

been established that will allow both staff and inmates to know

the projected SRD for all sentences to serve. This policy will

assist staff and inmates for programing and release planning

purposes.

PS 5880.28

CN 5, 12/31/98

Page 1 - 78L

# If one or more sentences, or one or more counts in a

single J&C, is consecutive and cannot be aggregated

with the other sentences or counts, then the

consecutive sentence shall be placed into operation by

keying a future DCB for the consecutive sentence. If

one or more sentences or counts in an aggregated

sentence is consecutive, and de-aggregation is

required, the consecutive count/sentence shall be put

into operation by keying a future DCB for the

consecutive sentence. The future DCB of the

consecutive sentence shall be the SRD of the sentence

to which the consecutive sentence was ordered to

follow. The same rule applies if a new consecutive

sentence is imposed that cannot be aggregated with an

existing sentence. The J&C shall be executed upon its

receipt.

The same rules just discussed also apply to a sentence

ordered to run concurrently at some future time. The

DCB will be the date on which the future concurrent

sentence is ordered to begin. If part of the sentence

is ordered to be served consecutively and part of the

sentence concurrently, then the future sentence shall

be calculated as beginning on the DCB determined to

best accommodate the court’s intent for service of the

partially concurrent/consecutive sentence.

# A parole violation term shall be treated in the same

manner for future DCB purposes when the Parole

Commission Notice of Action (NOA) has revoked the

parole and ordered the violation term to be served

consecutively to the current sentence. The warrant,

however, shall not be executed until the actual DCB of

the violator term. Pending receipt of the NOA, the

warrant shall be held as a detainer even though it may

adversely affect the prisoner’s security

classification.

# Whenever an action is initiated that affects the SRD of

the current sentence, it is necessary to manually

adjust the DCB of the consecutive sentence.

(Note: Whenever it becomes necessary to de-aggregate or re-

aggregate sentences, or to change a sentence to a vesting or

non-vesting status, each affected computation must be

RPC’d.)

PS 5880.28

CN 5, 12/31/98

Page 1 - 78M

(1) General Provisions

# Arithmetically, a VCCLEA sentence is calculated

the same as an SRA sentence and a VCCLEA

disallowance is calculated the same as an SRA

disallowance. (See Chapter I, paragraph g.)

# A VCCLEA prisoner may earn and have vested up to

54 days of GCT at the end of each anniversary

year.

# A VCCLEA inmate in prior custody time (a.k.a.:

presentence time, pretrial time and jail time)

status is not required to participate in the

Literacy Program. If the inmate completes a full

anniversary year in a prior custody time status,

up to 54 days of GCT will automatically vest for

that year as well as any subsequent full

anniversary year or years in prior custody time

status. The GCT would be reduced by any GCT that

was disallowed during the anniversary year in

which it occurs. (See the Program Statement on

Literacy Program (GED Standard) for other inmates

who are exempted from participating in the

program.)

If the inmate completes a full anniversary year

that includes a combination of prior custody time

credit and time spent serving the sentence, then

up to 54 days of GCT will automatically vest for

that year. The GCT would be reduced by any GCT

that was disallowed during that period.

Prior custody time credit shall be applied in

accordance with the Sentence Computation Manual

(CCCA of 1984). The same principles for applying

prior custody time credits for concurrent/

consecutive SRA and "OL" sentences shall apply to

concurrent/consecutive SRA, VCCLEA and PLRA

sentences.

# ISM staff shall make a preliminary determination

as to the violent/non-violent status for VCCLEA

sentences (see the Program Statement on Definition

of Term, Crimes of Violence). This preliminary

determination allows ISM staff to meet the

required time frame for computation of sentence as

established in the Inmate Systems Management

Manual.

PS 5880.28

CN 5, 12/31/98

Page 1 - 78N

Unit Management staff make the final determination

as to the violent/non-violent status of each

VCCLEA sentence for sentence computation purposes

and are required to send the signed original of

the BP-S613 to ISM within five days after initial

classification.

# VCCLEA non-violent and violent sentences shall be

aggregated and shall not be de-aggregated.

An exception to the preceding paragraph results if

two or more non-violent/violent VCCLEA sentences,

or counts, are part of an aggregate that includes

an intervening SRA sentence (the SRA sentence is

between the two VCCLEA sentences--a VCCLEA

sentence first, a consecutive SRA sentence second,

and third, a VCCLEA sentence that is concurrent

with or consecutive to the SRA sentence) that must

be de-aggregated from the VCCLEA sentences because

of placement in a PENDING UDC or GED UNSAT status.

Then, the three sentences--a VCCLEA sentence, an

SRA sentence and another VCCLEA sentence--would be

served independently, unless re-aggregation was

required.

# A VCCLEA sentence that acquires an Education

Development Information (EDI) assignment of GED

UNSAT shall be placed in a non-vesting status.

This is the only EDI status in which a VCCLEA

sentence cannot vest GCT. A VCCLEA sentence that

is returned to a non-GED UNSAT status shall be

returned to a vesting status.

If an inmate's EDI assignment changes from a

vesting to a GED UNSAT status, the GCT already

vested in a prior anniversary year, or years,

remain vested. The GCT for the current year and

subsequent years will not vest. When an EDI

assignment changes from a GED UNSAT status to a

non-GED UNSAT status, all GCT for prior years

currently not vested will vest.

# ISM staff shall destroy notices from Education

staff that report an inmate's entry into or out of

a GED UNSAT status if the inmate is serving a non-

VCCLEA or non-PLRA sentence, or any sentence, or

combination of sentences, of one year or less.

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If a future computation exists for a VCCLEA or

PLRA sentence greater than one year, then ISM

shall retain and file the Specialized Daily Log

Verification Notification form, in the Judgment

and Commitment File.

# Since there is only one EDI assignment per inmate,

that EDI assignment will be the same for

concurrent and consecutive sentences, regardless

of whether the sentences are aggregated or imposed

on a date later than the initial sentence, as long

as the sentences overlap for some of the time. (A

non-aggregated consecutive sentence that commences

on the last day of a preceding sentence retains

the EDI assignment of the preceding sentence.)

# SRA and VCCLEA sentences shall be aggregated until

an inmate goes into a PENDING UDC status or GED

UNSAT status at which time the sentences shall be

de-aggregated.

# Aggregated SRA and VCCLEA sentences that were de-

aggregated because of placement in a GED UNSAT

status shall not be re-aggregated if, or when, a

non-GED UNSAT status is obtained. (As noted in a

preceding paragraph, a VCCLEA sentence that is

returned to a non-GED UNSAT status shall be

returned to a vesting status.)

# If the UDC waives sending an incident report to

the DHO or finds the inmate guilty and issues a

sanction, the previously de-aggregated SRA and

VCCLEA sentences shall be re-aggregated.

# If the UDC sends an incident report to the DHO and

there is a finding of not guilty, previously de-

aggregated SRA and VCCLEA sentences shall be re-

aggregated. If there is a finding of guilty by

the DHO, the sentences shall remain de-aggregated.

# Daily, ISM staff shall prepare an Inmate

Discipline Daily Log to identify inmates pending

UDC hearings to determine if any SRA and VCCLEA

sentences require de-aggregation or re-

aggregation. ISM staff may maintain the log, if

desired, based on their own procedures. The log

may not be maintained less than, but not more

than, two years. This log shall also be used to

determine sanctions imposed by the DHO.

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When a determination has been made that a

disallowance or forfeiture occurred, ISM staff

shall print an Inmate Chronological Disciplinary

Record. This record will be used to support the

sanction of disallowance/forfeiture of GCT and

shall be signed and dated by the staff member who

keys the transaction into SENTRY. The form shall

be filed on the right side of the J&C file along

with other GCT forms.

# Whenever ISM staff update a computation based on

the receipt of a Specialized Daily Log

Verification Notification form sent to ISM by

Education staff, the form shall be signed (by a

supervisor of Education), dated and filed on the

right side of the J&C file, in chronological

order, above GCT Action Notices.

(2) Satisfactory progress toward a high school diploma

or an equivalent degree. As required by § 3624(b)(2), a VCCLEA

inmate, who does not have a high school diploma or equivalent

degree, must make satisfactory progress toward achieving a

diploma or degree before any earned GCT may be vested.

# Education staff shall notify ISM staff within five

working days (excluding the day in which the

action occurs) each time the EDI assignment of GED

UNSAT is entered or removed, via a signed copy of

the Specialized Daily Log Verification

Notification.

# ISM staff, via memorandum (LAN), must notify

Education staff whenever an inmate, who is serving

an OL or SRA sentence, receives a VCCLEA or PLRA

sentence greater than one year.

(3) Procedures followed by the Discipline Hearing

Officer (DHO). The DHO must impose disciplinary sanctions as

authorized by the Discipline and Special Housing Units policy.

# If an inmate is serving concurrent non-aggregated

sentences, the DHO shall clearly identify GCT

sanctions imposed against each sentence (e.g., OL,

SRA, VCCLEA or PLRA sentences) via the Inmate

Chronological Disciplinary Record. These

sanctions shall be identified by Computation

Number and the action taken with regard to each

sentence.

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(Example: Computation 010 (SRA), disallow 15 days

GCT; Computation 020 (VCCLEA), disallow 15 days

GCT, Computation 030 (PLRA), disallow 15 days

GCT).

# DHO sanctions shall not be applied to a sentence

that has a future DCB.

# ISM staff, via memorandum, shall notify the DHO of

any change that affects a start/stop date, and the

circumstance that caused the change, if a DHO

sanction was applied during the affected period.

In order to give the DHO a full explanation of the

effect a change to a start/stop date may have had

on a previous sanction, a copy of the original and

revised Good Time Data Sheets shall also be

forwarded. The DHO is responsible for taking any

action deemed necessary.

# The DHO may take the following actions for the

various sentence types.

For an SRA sentence and a non-GED UNSAT

VCCLEA sentence.

o Disallowance for the current year.

For a GED UNSAT VCCLEA sentence and a

PLRA sentence.

o Disallowance for the current year.

o Forfeiture for all prior years not

vested.

For a VCCLEA sentence that changes from

a GED UNSAT to a non-GED UNSAT status.

o Disallowance for the current year.

o No forfeiture for prior years.

(4) Unit Management Procedures. When an inmate is

placed in either a GED UNSAT or a PENDING UDC status, and a form

BP-S613 has not been prepared, Unit Management staff shall

complete and forward the signed original BP-S613 immediately to

ISM.

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When the Unit Disciplinary Committee (UDC) waives

sending an incident report to the DHO, a copy of the report shall

not be sent to ISM. ISM staff shall use the Inmate Discipline

Daily Log to determine UDC actions and dispositions.

m. Implementation of amendments to 18 U.S.C. § 3624(b) and

the new provision of 28 U.S.C. § 1932 of the Prison Litigation

Reform Act of 1995 (P.L. 104-134). The Prison Litigation Reform

Act (PLRA) provisions that amended 18 U.S.C. § 3624(b) and that

enacted 28 U.S.C. § 1932 became effective on April 26, 1996 for

offenses committed on or after that date.

An Old Law (OL) sentence refers to a sentence imposed for an

offense that occurred prior to November 1, 1987. An SRA sentence

refers to a sentence imposed for an offense that occurred on or

after November 1, 1987 but before September 13, 1994; a VCCLEA

sentence refers to a sentence imposed for an offense that

occurred on or after September 13, 1994 but before April 26,

1996; and a PLRA sentence refers to a sentence imposed for an

offense that occurred on or after April 26, 1996.

(1) Information, instructions and procedures for

implementation of the PLRA amendments to § 3624(b). Under the

PLRA, amended § 3624(b), states,

(1) Subject to paragraph (2), a prisoner who is serving a

term of imprisonment of more than 1 year, other than a term

of imprisonment for the duration of the prisoner's life, may

receive credit toward the service of the prisoner's

sentence, beyond the time served, of up to 54 days at the

end of each year of the prisoner's term of imprisonment,

beginning at the end of the first year of the term, subject

to determination by the Bureau of Prisons that, during that

year, the prisoner has displayed exemplary compliance with

institutional disciplinary regulations. Subject to

paragraph (2), if the Bureau determines that, during that

year, the prisoner has not satisfactorily complied with such

institutional regulations, the prisoner shall receive no

such credit toward service of the prisoner's sentence or

shall receive such lesser credit as the Bureau determines to

be appropriate. In awarding credit under this section, the

Bureau shall consider whether the prisoner, during the

relevant period, has earned, or is making satisfactory

progress toward earning, a high school diploma or an

equivalent degree. Credit that has not been earned may not

later be granted. Subject to paragraph (2), credit for the

last year or portion of a year of the term of imprisonment

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shall be prorated and credited within the last six weeks of

the sentence.

(2) Notwithstanding any other law, credit awarded under

this subsection after the date of enactment of the Prison

Litigation Reform Act shall vest on the date the prisoner is

released from custody.

(3) The Attorney General shall ensure that the Bureau of

Prisons has in effect an optional General Educational

Development program for inmates who have not earned a high

school diploma or its equivalent,

(4) Exemptions to the General Educational Development

requirement may be made as deemed appropriate by the

Director of the Federal Bureau of Prisons.

The PLRA amended 18 U.S.C. § 3624(b) to hold all inmates to

an "exemplary compliance" standard for violations institutional

rules and regulations violations. In addition, the amendment

further requires the Bureau to consider educational progress

toward earning a high school diploma or an equivalent degree in

awarding GCT credits. The PLRA also specifies that GCT shall

vest on the date the inmate is released from custody.

This means that all earned GCT for the year, or years,

preceding the current or final partial year, is available for

forfeiture throughout service of the sentence. Some or all GCT

earned during the current or final partial year may be disallowed

(not forfeited).

Because of the non-aggregation and de-aggregation

possibilities that may occur as a result of the various

sentencing laws, a future date computation begins (DCB) program

has been established as policy as previously explained in Chapter

I, paragraph l.

(Note: In the policy that follows, the use of the term

sentence means a federal sentence unless otherwise

specified. Whenever it becomes necessary to change a

sentence to a GED UNSAT status or to a non-GED UNSAT

status or to update a computation, each affected

computation must be RPC’d.)

# PLRA sentences shall be aggregated with each other

but shall not be aggregated with any other

sentence because of the statutory differences

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between the manner in which a PLRA sentence must

be treated in relationship to other sentences (18

U.S.C. § 3584(c)).

# Arithmetically, a PLRA sentence is calculated the

same as an SRA sentence and a PLRA disallowance is

calculated the same as an SRA disallowance (see

Chapter I, paragraph 3.g., of this Manual).

# The PLRA provides that GCT shall vest on the date

the inmate is released from custody. As a result,

all GCT earned in the year or years preceding the

current or final partial year is available for

forfeiture for acts of misconduct. GCT for the

current or final partial year may be disallowed

(not forfeited).

# A PLRA inmate in a non-GED UNSAT status earns 54

days of GCT per year and 42 days per year while in

a GED-UNSAT status.

The GED status on the stop date of the anniversary

year determines whether 54 or 42 days of GCT,

minus any disallowance, will be earned for that

year. A change in GED status in the current year

or final partial year has no retroactive effect on

a preceding year or years.

For a partial year when time was spent in both the

54 and 42 day rates, SENTRY automatically

calculates the GCT for the final partial year for

each status period and add them together for a

final GCT amount for the partial prorated year.

# PLRA policy is the same as the VCCLEA policy in

Chapter I, paragraph l., for the following

matters:

o The Specialized Daily Log Verification

Notification, Inmate Discipline Daily Log and

the Inmate Chronological Disciplinary Record

and any notifications or memoranda ISM

furnishes to other departments.

o Actions to be taken by the Education

Department in relation to GED status and the

effect of the EDI assignment when more than

one computation is involved.

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o Actions taken by the UDC or DHO in relation

to GCT.

o Prior custody time.

(2) Revocation of Good Conduct Time By a Court. Under

28 U.S.C. § 1932, a court may order the revocation of good time

credit. § 1932 states,

In any civil action brought by an adult convicted of a

crime and confined in a Federal correctional facility, the

court may order the revocation of such earned good time

credit under section 3624(b) of title 18, United States

Code, that has not vested, if, on its own motion or the

motion of any other party, the court finds that --

(1) the claim was filed for a malicious purpose;

(2) the claim was filed solely to harass the party

against which it was filed; or

(3) the claimant testifies falsely or otherwise

knowingly presents false evidence or information to the

court.

The Bureau interprets this section to mean that a

court, who finds that an inmate has violated one or more

conditions of this section, may forfeit (revoke) good conduct

time credit for a VCCLEA or PLRA inmate whose civil action was

filed with the court on or after April 26, 1996.

# For calculation purposes, the court may forfeit

all available non-vested good conduct time earned

up to the start date of the current anniversary or

final partial year. The court may not disallow

good conduct time.

# All court ordered forfeitures shall be referred to

the RISA for review and instructions as to the

manner in which a forfeiture shall be applied to

an inmate’s sentence or sentences. Even an order

that appears to be improper on its face shall be

referred to the RISA. The RISA shall consult with

the Central Office ISM Chief of Operations prior

to authorizing implementation of a court ordered

forfeiture.

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n. Shock incarceration program. The statutory provisions

of the shock incarceration program (18 U.S.C. § 4046(c)) of the

Violent Crime Control and Law Enforcement Act (VCCLEA) of 1994

became effective on May 28, 1996 with the issuance of the Program

Statement on the Intensive Confinement Center Program. This

Program Statement establishes the eligibility requirements and

program participation necessary to become eligible for a

reduction of the time to serve on his or her sentence.

(1) 18 U.S.C. § 4046 states,

(a) The Bureau of Prisons may place in a shock

incarceration program any person who is sentenced to a

term of imprisonment of more than 12, but not more than

30, months, if such person consents to that placement.

(b) For such initial portion of the term of

imprisonment as the Bureau of Prisons may determine,

not to exceed 6 months, an inmate in the shock

incarceration program shall be required to--

(1) adhere to a highly regimented schedule that

provides the strict discipline, physical training,

hard labor, drill, and ceremony characteristic of

military basic training; and

(2) participate in appropriate job training and

educational programs (including literacy programs)

and drug, alcohol, and other counseling programs.

(c) An inmate who in the judgment of the Director of

the Bureau of Prisons has successfully completed the

required period of shock incarceration shall remain in

the custody of the Bureaus for such period (not to

exceed the remainder of the prison term otherwise

required by law to be served by that inmate), and under

such conditions, as the Bureau deems appropriate.

(2) SENTRY Information. The following information applies only

to Inmate Systems Management responsibilities for § 4046(c). The

specific duties for other institution staff are discussed in the

Program Statement on Intensive Confinement Centers.

There are three SENTRY fields and a release method that have

been developed that are on the Sentence Monitoring Calc/Update

Computation screen. A description of each is provided below:

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C 4046C IC MAN: The “IC MAN” represents the institution

completion (graduation) date for the Intensive

Confinement Center program (ICCP). This is a field

into which ISM staff shall enter the graduation date as

provided by the ICC Administrator. SENTRY

automatically calculates a 4046C REL DT based upon the

length of sentence and the amount of the approved

reduction from the already established projected SRD.

C 4046C CC MAN: The “CC MAN” represents the community

completion date. This field is used to override the

automatically calculated 4046C REL DT when the inmate’s

date is to be retarded (as determined by Community

Corrections staff). ISM staff are to compute this date

manually by adding the amount of time the inmate is

required to spend in a Community Corrections program or

by adding the amount of time to the already established

4046C REL DT as determined by Community Corrections

staff.

C 4046C REL DT: After a date has been entered into the

4046C IC MAN field or the 4046C CC MAN field, the 4046C

REL DT field will reflect the inmate’s new release date

based on a reduction of up to six months off the

projected SRD date. SENTRY calculates this date

automatically.

C 4046C CMPL: This is the satisfaction method resulting

from a reduction in time to serve for satisfactory

completion of all ICC program phases.

(3) Procedures

(a) Institution Staff. The attachments referenced

in this section are located in the Intensive Confinement Center

Program Statement.

Upon receiving the Notification of ICC Sentence

Reduction (Attachment D) from the ICC Administrator, ISM staff

shall enter the graduation date from the institution ICCP in the

4046C IC MAN field and re-calculate the computation.

Based upon the term in effect, SENTRY will reduce

the SRD by the appropriate number of months as described in the

Program Statement on Intensive Confinement Center program and

establish the 4046C REL DT.

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The projected 4046C REL DT SENTRY calculates can

be no earlier than the ICCP graduation date, since no sentence

reduction may occur any earlier than the completion date of the

ICC program. If the graduation date and the 4046C REL DT are the

same, ISM staff shall notify the ICC Administrator via a

memorandum. The ICC Administrator shall complete the Notice to

Inmate that Previously Scheduled Release is Being Delayed

(Attachment F) and forward a copy to ISM. If the 4046C REL DT is

to be retarded (as determined by the ICC Administrator), the date

that the 4046C REL DT is to be delayed to will be indicated on

the Notice to Inmate that Previously Scheduled Release is Being

Delayed form. ISM staff will key this date into SENTRY in the

4046C CC MAN field and re-calculate the computation. These

actions are performed to ensure that eligibility requirements

outlined in the ICC program statement are met.

If an inmate receives a detainer, declines,

withdraws, is expelled, or fails the ICCP and consequently

becomes ineligible for the early release consideration, the ICC

Administrator shall notify ISM using Attachment E, Change in ICC

Sentence Reduction Status. ISM staff shall then remove any data

keyed into the 4046C IC MAN or 4046C CC MAN fields and re-

calculate the computation.

ISM staff shall file the completed attachments on

the left hand side of the J&C file above the Judgment &

Commitment Orders.

(b) Community Corrections Staff. After the inmate

completes the institution ICCP and is participating in the

community-based program, the Community Corrections Manager (CCM)

may retard the inmate’s 4046C REL DT under certain circumstances.

The Notice to Inmate That Previously Scheduled Release is Being

Delayed (Attachment F) is to be used for these purposes. If the

date is to be retarded, CCM staff shall key the new projected

4046C REL DT indicated on (Attachment F) into the 4046C CC MAN

field and re-calculate the computation. SENTRY sets the

4046C REL DT equal to the 4046C CC MAN date as long as the

4046C CC MAN date is prior to the originally computed projected

release date. If the inmate is determined ineligible for early

release consideration, CCM staff shall remove all data entered in

the 4046C IC MAN and 4046C CC MAN fields and re-calculate the

computation.

o. Fines, Assessments, and Restitution.

(1) Release from imprisonment. 18 U.S.C. § 3624(e),

states in part,

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No prisoner shall be released on supervision unless such

prisoner agrees to adhere to an installment schedule, not to

exceed two years except in special circumstances, to pay for

any fine imposed for the offense committed by such prisoner.

C A prisoner with a fine shall be released on the release

date without regard to the status of the fine if there

is no period of supervised release to follow.

C A prisoner with a fine shall be released on the release

date without regard to the status of the fine if

release is to a detainer that requires the service of a

sentence of 30 days or more (including a non-federal

parole violator term) without regard to whether there

is a period of supervised release to follow.

C A prisoner with a fine, and a detainer (including a

USINS detainer) on file that does not require service

of a sentence of 30 days or more, shall be treated as

though the detainer did not exist and shall be

processed under § 3624(e).

The statutory provision that authorizes a court to

impose a fine is 18 U.S.C. § 3571, Sentence of fine, and it

states in pertinent part for ISM purposes,

(a) In general.--A defendant who has been found guilty of

an offense may be sentenced to pay a fine.

(b) Fines for individuals.--Except as provided in

subsection (e) of this section, an individual who has been

found guilty of an offense may be fined not more than the

greatest of--

(1) the amount specified in the law setting forth the

offense;

(2) the applicable amount under subsection (d) of this

section;

(3) for a felony, not more than $250,000;

(4) for a misdemeanor resulting in death, not more than

$250,000;

(5) for a Class A misdemeanor that does not result in

death, not more than $100,000;

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(6) for a Class B or C misdemeanor that does not result

in death, not more than $5,000; or

(7) for an information, not more than $5,000.

§ 3571 states further,

(e) Special rule for lower fine specified in substantive

provision.--If a law setting forth an offense specifies no

fine or a fine that is lower than the fine otherwise

applicable under this section and such law, by specific

reference, exempts the offense from the applicability of the

fine otherwise applicable under this section, the defendant

may not be fined more than the amount specified in the law

setting forth the offense.

18 U.S.C. § 3013(b) and (c), about an assessment

states,

(b) Such amount so assessed shall be collected in the

manner that fines are collected in criminal cases.

(c) The obligation to pay an assessment ceases five years

after the date of the judgment. This subsection shall apply

to all assessments irrespective of the date of imposition.

A special assessment imposed under the provisions of 18

U.S.C. § 3013 or an order of restitution imposed under the

various restitution statutes are not treated the same as a fine

for release on supervision purposes, i.e., an inmate shall not be

held beyond the release date because of an assessment or

restitution order, unless specifically ordered by the court.

(Note: In the policy that follows, the use of the term

sentence means a federal sentence unless otherwise

specified.)

In OL and NL situations when sentences are running

along concurrently and release from one is later than the other,

or when the sentences are consecutive to each other regardless of

the order of service, all OL and NL fine matters shall be

resolved toward the end of the confinement portion of the

multiple sentences as discussed post. The same rule applies to

NL concurrent and consecutive sentences that cannot be

aggregated.

Immediately after publication of the 90 day SENTRY-

generated Ensuing Release List, ISM staff shall review the J&C

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File of each inmate who has a period of supervised release to

follow to determine the fine status of each inmate on the list.

If, during the review process, ISM staff learn that an

inmate has an unpaid fine, then Unit staff shall be contacted to

ascertain the status of the fine.

If it is learned, or if the inmate claims, that a fine

has been paid in full but there is no confirmation, then ISM

staff shall request that Unit staff acquire a written proof of

payment document from the court to place in the J&C File. After

receiving documentation (telephonic or other electronic form of

communication initiated at the request of Bureau staff will

suffice until the written documentation arrives) verifying the

fine has been paid in full, then the inmate may be released on

the scheduled release date.

If the fine has not been paid in full but the inmate

agrees, in writing, to adhere to an installment schedule after

release, then the inmate may be released on the scheduled release

date. (See the Program Statement on Inmate Financial

Responsibility Program and Attachment A (Installment Schedule

Agreement For Unpaid Fines).) The Bureau does not schedule

installment payments for fines. Only the court is authorized to

schedule installment payments as authorized under

18 U.S.C § 3572(d) (See United States v. Workman, 110 F.3d 915

(2d Cir. 1997).).

The inmate shall not be released on supervised release

and shall remain confined in an A-Des status until the inmate

pays the fine in full or agrees to adhere to an installment

schedule.

Whenever an inmate is not released on the scheduled

date of release as the result of a fine problem, ISM staff shall

contact Unit staff frequently to learn the progress being made to

resolve the fine issue. Every effort possible should be

undertaken to assure that the inmate is not confined past the

release date any longer than necessary.

A fine carries over to a supervised release revocation

term regardless of how many times the inmate is recommitted as a

supervised release violator, provided the fine, or any portion

thereof, remains unpaid or unless the court enters an order

affecting the status of the fine, e.g., the 20 year period of

liability to pay the fine has terminated (see 18 U.S.C. §

3613(b)). The same procedures as discussed above apply for

release to supervised release from a supervised revocation term.

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Assessment information from the original sentence will

carry over to the supervised revocation term regardless of how

many times the prisoner is recommitted as a supervised release

violator.

ISM staff shall notify the U.S. Attorney, in the

district in which the inmate was sentenced and in the destination

district, if different from the sentencing district, via the

Notice To U.S. Attorney Of Release Of Inmate With Criminal Fine

Judgment (BP-384(58)), of any inmate released with a fine that

has not been paid in full. Unit staff shall notify the U.S.

Probation Officer in the district in which the inmate was

sentenced and in the destination district, if different from the

sentencing district, of the inmate’s destination at the time of

release and the inmate shall be notified that any unpaid portion

of a fine or restitution remains to be paid.

(2) Effect of default on a payment of a fine or

restitution (18 U.S.C. § 3613A). This statutory provision

states,

(a)(1) Upon a finding that the defendant is in default on

payment of a fine or restitution, the court may, pursuant to

section 3565, revoke probation or a term of supervised

release, modify the terms or conditions of probation or a

term of supervised release, resentence a defendant pursuant

to section 3614, hold the defendant in contempt of court,

enter a restraining order or injunction, order the sale of

property of the defendant, accept a performance bond, enter

or adjust a payment schedule, or take any other action

necessary to obtain compliance with the order of a fine or

restitution.

As noted, the court has a number of options upon

finding that a person is in default. Regardless of the option

chosen, the date of offense for the original sentence leading to

the fine or restitution sentence (including supervised release or

probation revocation) is controlling for sentence procedure

determination and prior custody time considerations. These

options are discussed below.

(a) Revocation of probation. A person who

defaults on payment of a fine or restitution may have the

probation revoked pursuant to 18 U.S.C. § 3565.

(b) Revocation of supervised release. A person

who defaults on payment of a fine or restitution may have the

supervised release revoked pursuant to 18 U.S.C. § 3583.

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(3) Resentencing upon failure to pay a fine or

restitution (18 U.S.C. § 3614). A person sentenced to pay a fine

or restitution (no term of imprisonment) and who fails to pay the

fine or restitution, may be resentenced to a term of imprisonment

and supervised release. The court may also include the fine or

restitution that has not been paid in the new J&C and the

procedures for resolution shall be the same as described in this

paragraph, subparagraph (1).

18 U.S.C. § 3614 states,

(a) Resentencing.--Subject to the provisions of subsection

(b), if a defendant knowingly fails to pay a delinquent fine

or restitution the court may resentence the defendant to any

sentence which might originally have been imposed.

(b) Imprisonment.--The defendant may be sentenced to a

term of imprisonment under subsection (a) only if the court

determines that--

(1) the defendant willfully refused to pay the

delinquent fine or had failed to make sufficient bona fide

efforts to pay the fine; or

(2) in light of the nature of the offense and the

characteristics of the person, alternatives to imprisonment

are not adequate to serve the purposes of punishment and

deterrence.

(c) Effect of indigency.--In no event shall a defendant be

incarcerated under this section solely on the basis of

inability to make payments because the defendant is

indigent.

As the language of this statutory provision explains, a

court may resentence a person to any sentence, including a period

of supervised release, that might have originally been imposed.

It is anticipated that any fine or restitution information that

was originally imposed would be included in the resentencing J&C,

unless otherwise ordered by the court. If the fine or

restitution information is not included in the resentencing J&C

and there is no other information about the status of the fine or

restitution, then ISM staff shall initiate correspondence to the

appropriate Assistant U.S. Attorney requesting a clarification.

PS 5880.28

CN 5, 12/31/98

Page 1 - 78DD

It is the Bureau’s interpretation of this statutory

provision that a person who has served a term of imprisonment for

an offense to which a fine or restitution was, may not be

resentenced to another term of imprisonment under § 3614 for

failure to pay the fine or restitution. Because of the court’s

authority to revoke supervised release for failure to pay a fine

or restitution and the court’s authority to sentence a person

under the provisions of 18 U.S.C. § 3615 for criminal default

(See subparagraph (3) below.) when no period of supervised

release follows the term of imprisonment, resentencing under §

3614 would not be appropriate.

Any J&C that represents a resentencing of a person,

after completing a term of imprisonment, to an additional term of

imprisonment for the same offense because of a failure to pay a

fine or restitution shall be referred to the RISA for review.

(4) Criminal default (18 U.S.C. § 3615). A person who

is sentenced to a term of imprisonment with no supervised release

to follow and who subsequently fails to pay a fine may be

sentenced for criminal default.

18 U.S.C. § 3615 states,

Whoever, having been sentenced to pay a fine, willfully

fails to pay the fine, shall be fined not more than twice

the amount of the unpaid balance of the fine or $10,000,

whichever is greater, imprisoned not more than one year, or

both.

It is the Bureau’s analysis of the various fine

statutory provisions that a sentence, plus a period of supervised

release, may be imposed under § 3615 only after serving a term of

imprisonment with no supervised release to follow and only when

the person has willfully failed to pay a fine. No sentence may

be imposed for a failure to pay restitution under this provision.

The court may also include the fine in the new J&C and

the procedures for resolution shall be the same as described in

this paragraph, subparagraph (1). *

P.S. 5880.28

February 21, 1992

Page 1 - 79

4. COMPUTATION OF STUDY

The court may impose a study, prior to final sentencing,

that is to be conducted in accordance with 18 USC § 3552(b). The

SPC and narrative for a study imposed under the SRA is:

SPC = 0082 3552(b) SRA Study

Under 18 USC § 3552(b), "If the court . . . desires more

information than is otherwise available to it as a basis for

determining the sentence to be imposed on a defendant found

guilty of a misdemeanor or felony, it may order a study of the

defendant . . . The period of the study shall take no more than

sixty days . . . Such an order shall be treated for

administrative purposes as a provisional sentence of imprisonment

for the maximum term authorized by section 3581(b) for the

offense committed . . . The period of the study may, in the

discretion of the court, be extended for an additional period of

not more than sixty days. By the expiration of the period of the

study, or by the expiration of any extension granted by the

court, the United States Marshal shall return the defendant to

the court for final sentencing. After receiving the report and

recommendation "from the BOP" the court shall proceed finally to

sentence the defendant in accordance with the sentencing

alternatives and procedures available under this Chapter."

18 USC § 3552(b) allows the court to obtain more information

about the defendant prior to sentencing. If the court commits

the

P.S. 5880.28

February 21, 1992

Page 1 - 80

defendant to the BOP, then the BOP has sixty days in which to

complete the study. The BOP may request an additional sixty days

(See the Program Statement on Study, Observation, Competency

Commitments) to accomplish the study, if necessary.

The study period shall be treated the same as if the

defendant was serving the maximum sentence that could be imposed

and all study time will count as time on the sentence when the

final sentence is determined by the court, i.e., the date the

sentence begins will be the date on which the court imposed the

study, provided the defendant was in exclusive federal custody

for the purpose of the study.

If the defendant is in federal custody for other charges or

offenses, in either a sentenced or non-sentenced status, at the

time the study is imposed and begins to run, then the final

sentence that is imposed will run consecutively to the other

federal matter(s) unless the court orders the final sentence to

run concurrently. If the final sentence is concurrent, then it

shall be computed as beginning on the date the study was imposed

and shall be aggregated with other non-exception SRA sentences

(paragraph e., this chapter). If the final sentence is

consecutive, then no study time shall be credited.

If the defendant is in state custody, in either a sentenced

or non-sentenced status, and is committed for a study while under

the jurisdiction of a federal writ of habeas corpus ad

prosequendum from state custody, then none of the study time will

count on the final

P.S. 5880.28

February 21, 1992

Page 1 - 81

sentence if that sentence is consecutive to the state matters.

If the final sentence is concurrent, then it shall be computed as

beginning on a date (no earlier than the date the sentence was

imposed) determined by the BOP that will be included in the order

that designates the state institution as the place to serve the

federal sentence.

Presentence time credit shall not be used to diminish the

study time period.

If the defendant escapes during the study period and is

returned to the institution without further order from the court,

then the Warden, or Superintendent, shall be so advised and the

procedures set forth in the Program Statement on Study,

Observation, Competency Commitments, shall be followed.

Any inoperative time in an escape status from the study, or

other forms of inoperative time during the study, shall apply to

the sentence if the final sentence that is determined begins on a

date that precedes the inoperative time.

P.S. 5880.28

February 21, 1992

Page 1 - 82

5. PRE- AND POST-MISTRETTA SRA SENTENCE COMPUTATION

INSTRUCTIONS

Prior to, and after, Mistretta (known as the "pre-Mistretta"

or "post-Mistretta" periods) the BOP issued separate computation

instructions for sentences imposed in each court that found the

SRA to be unconstitutional in some way. Those instructions have

been consolidated and shall be implemented as shown in the

following sections. (If a court made no determination about the

constitutionality of the SRA, or made a finding that the SRA was

constitutional, then any sentence imposed on or after November 1,

1987 for an offense that occurred on or after November 1, 1987,

shall be computed in accordance with SRA sentencing laws. Those

courts are not listed in the following sections.)

P.S. 5880.28

February 21, 1992

Page 1 - 83

a. Pre-Mistretta Period.

SECOND CIRCUIT

District of Connecticut: For sentences that were imposed by the

following judges, beginning on the date indicated but prior to

January 18, 1989, compute all sentences in accordance with pre-

SRA sentencing laws ("old law" sentencing laws).

Judge Ellen Bree Burns: Date of Sentence was on/or after May 5,

1988 but prior to January 18, 1989.

Judge Jose A. Crabranes: Date of Sentence was on/or after May 6,

1988 but prior to January 18, 1989.

Judge T. F. Gilroy Daly: Date of Sentence was on/or after May

16, 1988 but prior to January 18, 1989.

Judge Alan H. Nevas: Date of Sentence was on/or after May 24,

1988

but prior to January 18, 1989.

Judge Peter C. Dorsey: Date of Sentence was on/or after June 20,

1988 but prior to January 18, 1989.

SPC = (Use Appropriate pre-SRA SPC)

Eastern District of New York: Compute all sentences imposed by

Judge I. Leo Glasser in accordance with pre-SRA sentencing laws

("old law" sentencing laws) for all sentences imposed prior to

January 18, 1989.

SPC = (Use appropriate pre-SRA SPC)

P.S. 5880.28

February 21, 1992

Page 1 - 84

*****************************************************************

SIXTH CIRCUIT

Western District of Tennessee: For sentences that were imposed

by Judge Odell Horton beginning on/or after June 7, 1988 but

prior to January 18, 1989, compute all sentences in accordance

with pre SRA sentencing laws ("old law" sentencing laws).

SPC = (Use appropriate pre-SRA SPC)

*****************************************************************

EIGHTH CIRCUIT

Eastern District of Arkansas: For sentences that were imposed

on/or after May 27, 1988 but prior to January 18, 1989, for all

judges except Judge Stephen Reasoner, compute sentences in

accordance with pre-SRA sentencing laws ("old law" sentencing

laws).

SPC = (Use appropriate pre-SRA SPC)

*****************************************************************

NINTH CIRCUIT

P.S. 5880.28

February 21, 1992

Page 1 - 85

All Districts: For sentences that were imposed on/or after

August 23, 1988 but prior to January 18, 1989 and:

a. The judgment and commitment was silent, compute in

accordance with pre-SRA sentencing laws ("old law" sentencing

laws).

SPC = (Use appropriate pre-SRA SPC)

b. The judgement and commitment includes a

"conditional guideline" sentence with language such as "It is the

judgment of this court that, having found the sentencing

guidelines unconstitutional, the following sentence is imposed:

The defendant is committed to the custody of the Attorney General

for a period of six years. If however, at a later date, the

Supreme Court declares the sentencing guidelines to be

constitutional, then, in lieu of the above sentence, the

defendant is committed for a period of forty-eight months, plus a

period of three years supervised release" manually compute as

follows:

(1) Presentence time and time spent serving the

sentence prior to January 18, 1989, shall count as presentence

time credit and shall be subtracted from the full term date based

on the forty-eight month sentence. SGT and EGT, if any, earned

on or after August 23, 1988 but prior to January 18, 1989, shall

be subtracted from the full term date just established as a

result of presentence time credit, to establish a "Statutory

Release Date." (The SGT rate for the period of time from August

23, 1988 through January 17, 1989, shall be based on the length

of the total sentence in accordance with

P.S. 5880.28

February 21, 1992

Page 1 - 86

"Old Law" 18 USC § 4161; i.e., 0 time to 6 months = 0 days; 6

months through 1 year = 5 days per month; 1 year and 1 day to 3

years = 6 days per month; 3 years to 5 years = 7 days per month;

5 years to 10 years = 8 days per month; and 10 years plus = 10

days per month.)

(2) Using January 18, 1989 as the "Date

Computation Began" and the "Statutory Release Date" just

determined, manually compute the balance of the term as an SRA

sentence and do not use the presentence time credit to establish

the Anniversary Date. (Figure 1.)

SPC = 0097 SRA & 4161 SGT & 4162 EGT

*****************************************************************

TENTH CIRCUIT

District of Colorado: Compute all sentences in accordance with

pre- SRA sentencing laws for all sentences imposed prior to

January 18, 1989.

SPC = (Use appropriate pre-SRA SPC)

Eastern District of Oklahoma: Compute all sentences by Judge

Frank H. Seay that were imposed on or after May 26, 1988 but

prior to January 18, 1989 in accordance with pre SRA sentencing

laws ("old law" sentencing laws).

P.S. 5880.28

February 21, 1992

Page 1 - 87

SPC = (Use appropriate pre-SRA SPC)

District of Utah: Compute all sentences imposed on or after July

18, 1988 but prior to January 18, 1989, in accordance with pre-

SRA sentencing laws ("old law" sentencing laws).

SPC = (Use appropriate pre-SRA SPC)

*****************************************************************

ELEVENTH CIRCUIT

Southern District of Florida: For a sentence that was imposed on

or after June 30, 1988 but prior to January 18, 1989, compute in

accordance with SRA sentencing laws and parole eligibility in

accordance with pre-existing SRA laws ("old law" sentencing laws)

as follows:

18 USC § 4205(a)

SPC = 0099 SRA GCT & Parole Eligibility

(Automatically calculates SRA GCT and

parole eligibility in accordance with

4205(a).)

P.S. 5880.28

February 21, 1992

Page 1 - 88

18 USC § 4205(b)(1) & (b)(2)

SPC = 0099 SRA GCT & Parole Eligibility

(Automatically calculates SRA GCT and parole

eligibility in accordance with 4205(a). Manually

compute and enter the parole eligible date for a

4205(b)(1) case and enter "Commission's

Discretion" for a 4205(b)(2) case.)

No 4205 or 4206 Parole

SPC = 0098 SRA GCT-No 4205 or 4206 Par.

(Automatically calculates SRA GCT but does

not calculate parole eligibility.)

P.S. 5880.28

February 21, 1992

Page 1 - 89

b. Post-Mistretta Period.

ALL CIRCUITS

For sentences that were imposed from November 1,

1987, but prior to January 18, 1989, and that were (or

subsequently are) successfully appealed as a result of Mistretta;

the resulting re-sentencing shall be computed as follows:

(1) If the re-sentencing order indicates that the

present sentence is imposed retroactively or "Nunc Pro Tunc" (now

for then), compute the sentence as beginning on the date that the

invalid non-SRA, or "partial" SRA sentence was imposed. This

computation will result as a "normal" SRA Sentence, thereby

nullifying any previous SGT or EGT awards, parole eligibility,

and all parole actions.

SPC = 0080 3559 SRA Sentence

(2) If the sentencing order is silent as to a

beginning date and the prior invalid sentence was computed as an

SRA sentence for GCT purposes, but as a pre-SRA sentence for

parole purposes (0098 SRA GCT-No 4205 or 4206 Parole; or 0099

SRA GCT & Parole Eligibility), compute as beginning on the date

of the re-sentencing order, thereby nullifying parole eligibility

and all prior parole actions. All prior presentence time credit

and time served on the invalid sentence shall count as jail time

credit on the new sentence.

P.S. 5880.28

Page 1 - 90

CN-02, July 29 1994

SPC = 0080 3559 SRA Sentence

(3) If the sentencing order is silent as to a

beginning date, and the prior invalid sentence was computed in

accordance with pre-SRA sentencing laws in every respect,

presentence time credit and time spent serving the invalid

sentence shall count as presentence time credit and shall be

subtracted from the originally established full term date. SGT

and EGT, if any, earned on or after November 1, 1987, but prior

to January 18, 1989, shall be subtracted from the full term date

just learned, as a result of applied presentence time credit, to

establish a "Statutory Release Date." (The SGT rate shall be

based on the length of the total sentence in accordance with 18

U.S.C. § 4161; i.e., 0 time to 6 months = 0 days; 6 months

through 1 year = 5 days per month; 1 year and 1 day to 3 years =

6 days per month; 3 years to 5 years = 8 days per month; 5 years

to 10 years = 8 days per month; and 10 years plus = 10 days per

month.)

*

Using the re-sentencing date as the "Date

Computation Began" and the "final" full term date just

determined, compute the balance of the SRA term as an SRA

sentence. The jail time credit awarded to the invalid sentence

and the time spent serving the invalid sentence up to January 18,

1989, shall not be used to calculate the Anniversary Date but any

time thereafter, up to the re-sentencing date (DCB), shall be

used. *

SPC = 0097 SRA & 4161 SGT & 4162 EGT

PS 5880.28

CN-6 7/19/99

Page 1 - 91

6. COMPUTATION OF FOREIGN TREATY SENTENCE

Pursuant to treaty, an offender sentenced in the court of one

country may be transferred to their country of origin or

citizenship for the purpose of serving the sentence. Statutes

governing the computation of foreign treaty sentences are

18 U.S.C. § 4105-4106A.

When a foreign treaty prisoner is received, ISM staff are to

ensure the following is received:

 A foreign judgment and commitment order (certified

copy);

 Documentation showing the amount of remission,

qualified presentence, labor/work credit, or good

conduct/behavior time credit awarded while in official

detention in the foreign country; and,

 Documentation showing any other factors relevant to the

enforcement of the sentence.

a. GENERAL INFORMATION. 18 U.S.C. § 4105 and 4106A authorizes

the Bureau of Prisons (BOP) and the U.S. Parole Commission (USPC)

to carry out foreign treaty sentences. The USPC establishes the

term of imprisonment and supervised release. The BOP calculates

the sentence.

b. U.S. PAROLE COMMISSION. The following subsections of

18 U.S.C.§ 4106A are relevant to ISM staff:

 (b)(1)(A) The United States Parole Commission shall,

without unnecessary delay, determine a release date and

a period and conditions of supervised release for an

offender transferred to the United States to serve a

sentence of imprisonment, as though the offender were

convicted in a United States district court of a

similar offense.

 (b)(1)(C) The combined period of imprisonment and

supervised release that result from such determination

shall not exceed the term of imprisonment imposed by

the foreign court on that offender.

 (c) This section shall apply only to offenses committed

on or after November 1, 1987.

PS 5880.28

CN-6 7/19/99

Page 1 - 92

The statute directs the USPC to determine a release date. The

USPC actually determines the overall term of imprisonment the

inmate will serve. This is supported by three U.S. Courts of

Appeal decisions, which ruled the USPC release date replaces that

of the foreign sentence. (See Asare v. United States Parole

Commission, 2 F.3d 540 (4th Cir. 1993); Ajala V. U.S. Parole

Commission, 997 F.2d 651 (9th Cir. 1993); and Trevino-Casares V.

U.S. Parole Commission, 992 F.2d 1068 (10th Cir. 1993).) The

USPC and BOP have adopted these decisions on a nationwide basis

and do not interpret the “release date” as a release from

imprisonment date. For example, BOP will not treat the USPC

release date as an SRD. The USPC’s release date determination is

the equivalent to an Expiration Full Term (EFT) date, as shown

below.

The USPC follows the United States Sentencing Commission

Guidelines Manual (USSCGM) to establish a “term of imprisonment”

release date for a transferred offender. This is done as though

the offender was convicted of a similar offense in a U.S.

District Court.

The calculation is:

 Date Comp Begins (DCB) + USPC Time to Serve (Term of

Imprisonment) - Presentence Time = Release Date

(Equivalent EFT)

The USPC calculation of a release date (equivalent EFT) may not

always be correct because the BOP has the official documentation

necessary to calculate the release date, i.e., date sentence

imposed, date sentence begins, presentence time credit,

inoperative time, etc.

The USPC transmits the release date and USPC Time to Serve

information to the BOP via a Transfer Treaty Determination

Pursuant to 18 U.S.C. § 4106A (USPC Treaty Notice). This notice

normally contains the following statement:

“Pursuant to 18 U.S.C. § 4106A it is ordered that the transferee

be released on (MM-DD-YYYY), after service of (XX) months. It is

further ordered that the transferee, immediately upon release

from incarceration, serve a (XX)-month term of supervised

release, or until the expiration of the Foreign Full Term Date,

whichever is earlier.”

PS 5880.28

CN-6 7/19/99

Page 1 - 93

In summary, the USPC release date is not an SRD. It is the

equivalent of an EFT but shall not be relied upon by ISM for

calculation purposes. The USPC Time to Serve period shall be

treated the same as if it were a sentence of imprisonment imposed

in this country and will be calculated according to statutory and

policy instructions.

c. BUREAU OF PRISONS. The BOP enforces the provisions of

18 U.S.C. § 4105 for U.S. citizens transferred to the U.S. for

service of the foreign treaty sentence. Section 4105 states,

(a) Except as provided elsewhere in this section, an

offender serving a sentence of imprisonment in a foreign

country transferred to the custody of the Attorney General

shall remain in the custody of the Attorney General under

the same conditions and for the same period of time as an

offender who had been committed to the custody of the

Attorney General by a court of the United States for the

period of time imposed by the sentencing court.

(b) The transferred offender shall be given credit toward

service of the sentence for any days, prior to the

commencement of sentence, spent in custody in connection

with the offense or acts for which the sentence was imposed.

(c)(1) The transferred offender shall be entitled to

all credits for good time, for labor, or any other

credit toward the service of the sentence which had

been given by the transferring country for time served

as of the time of transfer. Subsequent to the

transfer, the offender shall in addition be entitled to

credits toward service of sentence for satisfactory

behavior, computed on the basis of the time remaining

to be served at the time of the transfer and at the rate

provided in section 3624(b) of this title for a sentence of

the length of the total sentence imposed and certified by

the foreign authorities. These credits shall be combined to

provide a release date for the offender pursuant to section

3624(a) of this title.

(2) If the country from which the offender is transferred

does not give credit for good time, the basis of computing

the deduction from the sentence shall be the sentence

PS 5880.28

CN-6 7/19/99

Page 1 - 94

imposed by the sentencing court and certified to be served

upon transfer, at the rate provided in section 3624(b) of

this title.

(3) Credit toward service of sentence may be withheld as

provided in section 3624(b) of this title.

(4) Any sentence for an offense against the United States,

imposed while the transferred offender is serving the

sentence of imprisonment imposed in a foreign country, shall

be aggregated with the foreign sentence, in the same manner

as if the foreign sentence was one imposed by a United

States district court for an offense against the United

States.

d. GENERAL SENTENCE COMPUTATION PROCEDURES (Foreign Offenses

Occurring on or After November 1, 1987). 18 U.S.C. § 4105,

Transfer of offenders serving sentence of imprisonment, governs

the way foreign treaty sentences will be carried out in the U.S.

18 U.S.C. § 4105, is under the provisions of the Sentencing

Reform Act (SRA) of 1984 and its amendments; Violent Crime

Control and Law Enforcement Act (VCCLEA) of 1994; and Prison

Litigation Reform Act (PLRA) of 1995; called New Law (NL)

sentences.

When the prisoner is received at the facility where the USPC will

conduct its determination hearing, ISM staff will do a manual

calculation, based on the sentence imposed in the foreign

country, and enter that data into SENTRY. This will assist the

USPC in determining the USPC Time To Serve. (See Section (g)

below for specific calculation and keying instructions.)

If the USPC determines that the inmate should serve the foreign

sentence as imposed, and is silent as to the term of supervised

release, then no change needs to be made to the original

computation, other than adding the “basis of change” code. (See

Section (g)). ISM staff must verify with the USPC that the

intent is for the prisoner to serve the balance of the original

treaty sentence, (SRD through the original foreign EFT), on

supervised release. The USPC cannot establish a supervised

release term that, when added to the SRD, exceeds the original

foreign EFT. If the supervised release term imposed by the USPC

does exceed the original foreign EFT, ISM staff will adjust the

term to equal the time from and including the SRD through the

original foreign EFT.

PS 5880.28

CN-6 7/19/99

Page 1-94A

e. GOOD CONDUCT TIME. Any foreign sentence imposed in a foreign

country that is greater than one year will receive GCT credit on

the balance of the sentence served in the U.S. For example, if a

prisoner has a C1 sentence (See Section (f) below), greater than

one year, and, nine months remain to serve after transfer to this

country, the prisoner would earn GCT credit on the nine-month

balance.

For a similar C2A or C2B sentence, the prisoner is entitled to

earn GCT credit on the entire sentence that is greater than one

year. (NOTE: If the application of GCT results in a sentence that

if past due for satisfaction, contact the USPC for direction).

GCT credit applied to foreign sentences may be withheld or

forfeited, provided the GCT is earned pursuant to

18 U.S.C. § 3624(b).

f. CALCULATION METHOD TYPES. Pursuant to 18 U.S.C. § 4105, the

BOP has developed three calculation methods for foreign treaty

sentences. Before any foreign treaty sentence can be calculated,

ISM staff must determine the following:

 The date of the offense (Offense must have occurred on

or after November 1, 1987);

 The foreign sentence imposed;

 The date that the foreign sentence was imposed; and

 The DCB (usually the date on which the sentence was

imposed).

The three types of foreign treaty calculations are C1, C2A and

C2B. The criteria for selecting the appropriate calculation

method and the instructions for each are explained below.

(1) C1 Sentence (18 U.S.C. § 4105(c)(1)). A C1 sentence is

a foreign treaty sentence that was entitled to earn good conduct

time credits and labor/work time credits in the foreign country

and is entitled to earn GCT credits (18 U.S.C. § 3624(b)) on the

balance of the sentence remaining to be served from the date of

transfer to the United States.

If some or all good conduct time credits earned in the

foreign country were forfeited or lost, prior to transfer to the

U.S., then GCT will be awarded for any time spent in the foreign

country.

PS 5880.28

CN-6 7/19/99

Page 1 - 94B

(2) C2A Sentence (18 U.S.C. § 4105(c)(2)). A C2A sentence

is a foreign treaty sentence that was not entitled to earn good

conduct time in the foreign country and earned no labor/work time

credits in the foreign country. A C2A sentence is entitled to

earn GCT credit on the total sentence, as imposed in the foreign

country, and shall be computed the same as if it were a U.S. Code

sentence.

(3) C2B Sentence (18 U.S.C. § 4105(c)(2)). A C2B sentence

is a foreign treaty sentence that earned one or more days of

labor/work time credits while in the foreign country, but, was

not entitled to earn good conduct time in the foreign country. A

C2B sentence is entitled to earn GCT credit on the total sentence

as imposed in the foreign country. Additionally, labor/work time

credits earned in the foreign country will be deducted from the

SRD.

g. SPECIFIC SENTENCE CALCULATION AND SENTRY KEYING INSTRUCTIONS.

Due to the unique nature of foreign treaty sentences, specific

steps are outlined below for calculating each sentence type. If

a problem arises in calculating a foreign treaty sentence,

contact the RISA or the Central Office, Operations Section, for

assistance. All requests for foreign jail credit are to be

referred to the Central Office, Operations Section.

SENTRY has been programed to allow staff to key all information

on foreign sentences into the existing fields of the SENTRY

computation screens. (Refer to the SENTRY Technical Reference

Manual for specific How Committed and Sentence Procedure Codes.)

(1) C1 SENTENCES:

a. The following steps are to be followed when computing a

C1 sentence, prior to receiving the USPC Treaty Notice.

 Add the term of the sentence imposed in the foreign

court to the DCB to establish the unadjusted foreign

EFT. (The DCB will normally be the day the foreign

sentence was imposed.)

 Determine the appropriate inoperative and prior custody

time credit, if any, as outlined in 18 U.S.C. § 3585,

and add or subtract from the unadjusted foreign EFT, to

arrive at the final foreign EFT. (NOTE: If jail credit

exists that was not applied by the foreign country,

forward copies of source documents to the Operations

Section, Central Office, for verification.)

PS 5880.28

CN-6 7/19/99

Page 1-94C

 Total the foreign behavior and labor/work time credits

earned in the foreign country prior to the date of

transfer to the U.S., and, subtract them from the final

foreign EFT, to arrive at the tentative SRD. (NOTE:

Key the foreign behavior and labor/work credit amounts

on the SENTRY Computation Remarks screen prior to

completing the computation).

 Calculate the GCT anniversary dates using the date of

arrival in the U.S. Do not apply any prior custody

time.

 Calculate the balance of GCT to be earned for the

remainder of the sentence, using the date of arrival in

the U.S. and the anniversary dates just established.

Subtract the GCT amount from the tentative SRD to

arrive at the final SRD.

 Calculate the supervised release term which is the

difference between the final SRD and the final foreign

EFT.

 The Six Month/10% Date is based on confinement time

actually to serve.

b. When the USPC Treaty Notice is received:

 Key the USPC term of imprisonment in the New Sentence

Imposed SENTRY field. Use the Basis for Change Code of

30.

 Adjust the GCT anniversary periods for the remainder of

the USPC sentence term to establish a new final SRD.

(NOTE: The DCB, inoperative, and prior custody credits

will remain the same as calculated for the original

foreign sentence).

 Compare the USPC supervised release term to the time

remaining to serve from the new final SRD to the

original foreign EFT. The supervised release period is

the shorter of the two periods.

 The six Month/10% date will be based on the confinement

time actually to serve.

PS 5880.28

CN-6 7/19/99

Page 1-94D

 Key the original foreign EFT date on the SENTRY

Computation Remarks Screen prior to completing the

computation.

 Compute this sentence manually in SENTRY.

(2) C2A SENTENCES:

a. The following steps are to be followed when computing a

C2A sentence, prior to receiving the USPC Treaty Notice:

 Add the term of the sentence imposed in the foreign

court to the DCB to establish the unadjusted foreign

EFT. (The DCB will normally be the day the foreign

sentence was imposed.)

 Determine the appropriate inoperative and prior custody

time credit, if any, as outlined in 18 U.S.C. § 3585,

and add or subtract from the unadjusted foreign EFT, to

establish the final foreign EFT and SRD. (NOTE: If

jail credit exists that was not applied by the foreign

country, forward copies of source documents to the

Operations Section, Central Office, for verification.)

 Calculate the supervised release term which is the

difference between the final SRD and the final foreign

EFT.

b. When the USPC Treaty Notice is received:

 Key the USPC term of imprisonment in the New Sentence

Imposed SENTRY field. Use the Basis for Change Code of

30.

 Adjust the GCT anniversary periods for the remainder of

the USPC sentence term to establish a new final SRD.

(NOTE: The DCB, inoperative and prior custody credits

will remain the same as was calculated for the original

foreign sentence).

 Compare the supervised release term set by the USPC to

the time remaining to serve from the new final SRD to

the original foreign EFT. The supervised release

period will be the shorter of the two periods.

 The six Month/10% date will be based on the confinement

time actually to serve.

PS 5880.28

CN-6 7/19/99

Page 1-94E

 Key the original foreign EFT date on the SENTRY

Computation Remarks Screen prior to completing the

computation.

 This sentence can be computed automatically in SENTRY.

(3) C2B SENTENCES:

a. The following steps are to be followed when computing a

C2B sentence, prior to receiving the USPC Treaty Notice:

 Add the term of the sentence imposed in the foreign

court to the DCB to establish the unadjusted foreign

EFT. (The DCB will normally be the day the foreign

sentence was imposed.)

 Determine the appropriate inoperative and prior custody

time credit, if any, as outlined in 18 U.S.C. § 3585,

and add or subtract from the unadjusted foreign EFT, to

establish the final foreign EFT. (NOTE: If jail

credit exists that was not applied by the foreign

country, forward copies of source documents to the

Operations Section, Central Office, for verification.)

 Total the foreign labor/work time credits earned in the

foreign country prior to the date of transfer to the

U.S., and, subtract them from the final foreign EFT, to

arrive at the tentative SRD. (NOTE: Key the foreign

behavior and labor/work credit amounts on the SENTRY

Computation Remarks screen prior to completing the

computation).

 Calculate the GCT anniversary dates in the same manner

as a U.S. Code sentence. Use the DCB of the foreign

sentence and calculate to the tentative SRD just

established.

 Calculate the GCT to be earned for the sentence and

subtract it from the tentative SRD to arrive at the

final SRD.

 Calculate the supervised release term which is the

difference between the final SRD and the final foreign

EFT.

 The Six Month/10% Date shall be based on the

confinement time actually to serve.

PS 5880.28

CN-6 7/19/99

Page 1-94F

b. When the USPC Treaty Notice is received:

 Key the USPC term of imprisonment in the New Sentence

Imposed SENTRY field. Use the Basis for Change Code of

30.

 Adjust the GCT anniversary periods for the remainder of

the USPC sentence term to establish a new final SRD.

(NOTE: The DCB, inoperative and prior custody credits

will remain the same as was calculated for the original

foreign sentence).

 Compare the supervised release term set by the USPC to

the time remaining to serve from the new final SRD to

the original foreign EFT. The supervised release

period will be the shorter of the two periods.

 The six Month/10% date will be based on the confinement

time actually to serve.

 Key the original foreign EFT date on the SENTRY

Computation Remarks Screen prior to completing the

computation.

 Compute this sentence manually in SENTRY.

P.S. 5880.28

Page 1 - 95

CN-02, July 29 1994

(d) The "TERM OF SUPERVISION" shall be the

amount of time between the SRD of the newly computed sentence

through the original foreign full term date. (See "g." below.)

(e) Using the PSSC Screen - Since foreign

sentences are computed manually, certain information and dates

must be entered on the PSSC screen manually.

(f) TIE will be the PCD "period of months."

(g) SUPV TERM shall be the period of

supervised release as calculated above in the term of

supervision. (See "b." above.)

(h) CURRENT SRD shall be the EFT (based on

the PCD "period of months") less foreign labor credits and any

vested GCT.

(i) PROJECT SRD is the SRD as calculated in

the C1, C2A and C2B steps above (all projected GCT).

(j) A 6 MO/10% DT is calculated for each

sentence.

(k) The REL SUPV MAN shall be the Original

Foreign Full Term Date.

(l) The EFT (based on the PCD "period of

months") will be the EFT as calculated in the C1, C2A and C2B

steps above.

(m) The SRA PCD MAN enter: / when Basis for

Change is utilized.

P.S. 5880.28

Page 1 - 96

CN-02, July 29 1994

(n) The GCT PROJ MAN shall be the GCT as

calculated in the C1, C2A and C2B steps above.

(o) The FN LAB CR MAN shall be the amount

of foreign labor credits earned in the sending country.

(p) The FN BEH CR MAN shall be the amount of

foreign behavior credits earned in the sending country. *

P.S. 5880.28

February 21, 1992

Page 1 - 97

7. PROBATION CUSTODY

The SPC and narrative for probationers committed to the

custody of the BOP is:

SPC = 0084 3563(b)(11) Probation Condition

A defendant may be sentenced to a term of probation under

the provisions of 18 USC § 3561(a) unless, ". . . (1) the offense

is a Class A or Class B felony and the defendant is an

individual; (2) the offense is an offense for which probation has

been expressly precluded; or (3) the defendant is sentenced at

the same time to a term of imprisonment for the same or a

different offense."

Subsection (b) of 18 USC § 3561 sets forth the authorized

terms of probation and they are, ". . . (1) for a felony, not

less than nor more than five years; (2) for a misdemeanor, not

more than five years; and (3) for an infraction, not more than

one year."

18 USC § 3562(b) provides that, "Notwithstanding the fact

that a sentence of probation can subsequently be--(1) modified or

revoked pursuant to the provisions of section 3564 or 3565; (2)

corrected pursuant to the provisions of rule 35 of the Federal

Rules of Criminal Procedure and section 3742; or (3) appealed and

modified, if outside the guideline range, pursuant to the

provisions of section 3742; a judgment of conviction that

includes such a sentence constitutes a final judgment for all

other purposes."

P.S. 5880.28

February 21, 1992

Page 1 - 98

Under 18 USC § 3563(b)(11), the court may impose a probation

sentence that requires a defendant to "remain in the custody of

the Bureau of Prisons during nights, weekends, or other intervals

of time, totaling no more than the lesser of one year or the term

of imprisonment authorized for the offense, during the first year

of the term of probation." This provision means that the court

may, during, and within, the first year of probation, require the

probationer to spend certain amounts of time in the custody of

the BOP, the aggregate total of which may not exceed one year and

which is limited to the first year of probation.

The legislative history of this subsection indicates that

the custody provision was meant to permit ". . . short periods of

commitment to a training center or institution as part of a

rehabilitative program. Flexibility is provided by permitting

confinement in split intervals, thus authorizing for example,

weekend imprisonment with release on probation during the week

for educational or employment purposes, or nighttime imprisonment

with release for such purposes during working hours. This

condition could be used only to deprive the defendant of his

liberty to the extent 'reasonably necessary' for the purposes set

forth in section 3553(a)(2). It could also be used, for example,

to provide a brief period of confinement, e.g., for a week or

two, during a work or school vacation. It is not intended to

carry forward the split sentence of a few months in prison

followed by probation. If such a sentence is believed

appropriate

. . ., the judge can impose a term of imprisonment followed by a

term of supervised release under section 3583 . . ."

P.S. 5880.28

February 21, 1992

Page 1 - 99

No probationer may be required to remain in, or be committed

to, the custody of the BOP as a condition of probation after the

first year of probation and, under 18 USC § 3564(a), "A term of

probation commences on the day that the sentence of probation is

imposed, unless otherwise ordered by the court." The court

could, for example, delay the beginning of probation if an appeal

from the conviction or sentence is taken (Rule 38(d), Rules of

Criminal Procedure). The language of the statute allows the

court great latitude in the duration of the custody time that it

may impose. For example, the court could require custody for a

certain number of hours on a given day or days, as well as

ordering commitment during nights and weekends. The custody

period could also be continuous for a number of days or weeks (no

releases or recommitments during that time).

The judgment and commitment should contain clear and concise

language about the time that the probationer is to remain in the

custody of the BOP. The date and time that the custody is to

begin and end for each time period should be included in the

judgment and commitment. If the language about the custody time

is unclear or ambiguous, or if the sentence appears to be

improper, then ISM staff shall contact the supervising United

States Probation Officer for clarification or correction of the

judgment and commitment. If they are unable to get a

satisfactory response from the probation officer, they should

consult with the RISA for further assistance. If necessary, the

RISA will discuss the matter with the Regional Counsel to

determine a course of action.

P.S. 5880.28

February 21, 1992

Page 1 - 100

No GCT (18 USC § 3624(b)) or weekend/holiday time (18 USC §

3624(a)) may be applied to probationer custody time.

Presentence time credit (18 USC § 3585(b)) shall not be

applied to probationer custody time.

If the custody period with the BOP becomes inoperative,

e.g., absconding, release pending appeal, etc., the supervising

United States Probation Officer shall be contacted to determine

how the remainder of the custody time shall be enforced or

carried out, after the probationer is returned to BOP custody.

Under 18 USC § 3564(b), "Multiple terms of probation,

whether imposed at the same time or at different times, run

concurrently with each other. A term of probation runs

concurrently with any Federal, State, or local term of probation,

supervised release, or parole for another offense to which the

defendant is subject or becomes subject during the term of

probation. A term of probation does not run while the defendant

is imprisoned in connection with a conviction for a Federal,

State, or local crime unless the imprisonment is for a period of

less than thirty consecutive days."

If a probationer receives custody time on several counts in

the same indictment, or on another indictment on the same date,

such custody periods run independently of each other during the

times specified by the court, except that no custody time may

extend beyond

P.S. 5880.28

February 21, 1992

Page 1 - 101

the first year of probation and the custody time on any one count

may not exceed the maximum authorized for the offense.

If the probationer receives several probation sentences on

different dates that include periods of custody, then such

custody periods must be served during the first year of probation

for each incidence, computed from the date on which the probation

is imposed in each instance. Thus, if a defendant is convicted

of mail theft and receives three years probation on December 5,

1989, and is required to remain in custody on all weekends for

one year, the weekend custody for that offense would expire on

December 4, 1990. If the same defendant is convicted of another

mail theft offense and receives five years probation on March 12,

1990, and is ordered to remain in custody on all weekends during

the first year of probation, the weekend custody for that offense

would expire on March 11, 1991. As a result, the probationer

would have to serve the entire amount of custody time and

probation for each offense computed from the date of imposition

for each conviction, i.e., different periods of custody time may

not be aggregated and each period of custody time must be served

independently of the other even though they may be running

concurrently during some of the time.

P.S. 5880.28

February 21, 1992

Page 1 - 102

Following are some examples of probationer BOP custody time.

(All computations are manual and were derived by using a

calendar.)

EXAMPLE NO. 1

01-16-90 (Tuesday) Sentenced to 5 years probation and "to

spend three hours in BOP custody from 6:00 PM to

9:00 PM on each Tuesday for 3 months."

01-16-90 (Tuesday) Custody time begins.

04-10-90 (Tuesday) Last day of custody.

13 Days = Total BOP custody time.

EXAMPLE NO. 2

01-19-90 (Friday) Sentenced to 3 years probation and "to

spend five hours in BOP custody from 6:00 PM to

11:00 PM on each Tuesday for four months."

01-23-90 (Tuesday) Custody time begins.

05-22-90 (Tuesday) Last day of custody.

18 Days = Total BOP custody time.

P.S. 5880.28

February 21, 1992

Page 1 - 103

EXAMPLE NO. 3

01-24-90 (Wednesday) Sentenced to 4 years probation and "to

spend two nights per week in BOP custody from 7:00

PM Thursday to 7:00 AM Saturday for nine weeks."

01-25-90 (Thursday) Custody time begins.

03-24-90 (Saturday) Last day of custody.

27 Days = Total BOP custody time.

EXAMPLE NO. 4

01-24-90 (Wednesday) Sentenced to 2 years probation and "to

spend four nights per week in BOP custody from

6:30 PM Monday to 6:30 PM Friday for five weeks."

01-24-90 (Wednesday) Custody time begins.

02-28-90 (Wednesday) Custody time terminates after 6:30 AM

this date.

26 Days = Total BOP custody time.

P.S. 5880.28

February 21, 1992

Page 1 - 104

EXAMPLE NO. 5

01-26-90 (Friday) Sentenced to 3 years probation and "to

spend four days in BOP custody."

01-26-90 (Friday) Committed to BOP custody at 2:00 PM and

custody time begins.

01-29-90 (Monday) Custody time terminates at normal

discharge time.

4 Days = Total BOP custody time.

EXAMPLE NO. 6

01-17-90 (Wednesday) Sentenced to 5 years probation and "to

spend forty-five days in BOP custody."

01-17-90 (Wednesday) Committed to BOP custody at 11:30 AM

and custody time begins.

03-02-90 (Friday) Custody time terminates at normal

discharge time.

45 Days = Total BOP custody time.

P.S. 5880.28

February 21, 1992

Page 1 - 105

EXAMPLE NO. 7

01-15-90 (Monday) Sentenced to 2 years probation and "to

spend ten weekends in BOP custody from 9:00 PM

Friday to 6:00 AM Monday."

01-19-90 (Friday) Custody time begins.

03-26-90 (Monday) Custody time terminates at 6:00 AM.

40 Days = Total BOP custody time.

EXAMPLE NO. 8

01-15-90 (Monday) Sentenced to 3 years probation and "to

spend ten weekends in BOP custody from 12:05 AM

Saturday to 11:59 AM Sunday."

01-20-90 (Saturday) Custody time begins.

03-25-90 (Sunday) Custody time terminates at 11:59 PM. 20

Days = Total BOP custody time.

20 Days = Total BOP Custody time.

PS 5880.28

CN 5, 12/31/98

Page 1 - 106

EXAMPLE NO. 9

01-17-90 (Wednesday) Sentenced to 4 years probation and "to

spend two weeks in BOP custody."

01-17-90 (Wednesday) Committed to BOP custody at 4:00 PM

and custody time begins.

01-30-90 (Tuesday) Custody time terminates at normal

discharge time.

14 Days = Total BOP custody time.

EXAMPLE NO. 10

01-17-90 (Wednesday) Sentenced to 4 years probation and "to

spend two weeks in BOP custody."

01-22-90 (Monday) Committed to BOP custody at 3:00 PM and

custody time begins.

02-04-90 (Sunday) Custody time terminates at normal

discharge time.

14 Days = Total BOP custody time.

Upon arrival at the designated institution, the probationer

shall be processed through Receiving and Discharge, including

photograph and fingerprints, the same as for any other inmate as

set forth in the Inmate Systems Manual. Discharges, temporary

and final, shall also be accomplished in accordance with the

* Inmate Systems Manual. *

Detainers and requests for notification of release shall

be processed without delay in accordance with the Program

Statement on Detainers, Interstate Agreement on Detainers Act. A

request by a probationer or a prosecutor that a detainer be

processed under the terms of the Interstate Agreement On

Detainers shall be accomplished in accordance with the Program

Statement just cited.

The supervising U.S. Probation Officer shall be notified

immediately whenever a detainer or notify request is received so

that Unit staff and the probation officer can determine if

increased or additional security precautions are necessary to

avoid the flight of the probationer. The U.S. Probation Officer

is responsible for committing the probationer to a more secure

institution if necessary.

P.S. 5880.28

February 21, 1992

Page 1 - 108

If a probationer is in the community at the time that a

detainer or a notify request is received, the detainer or notify

request shall be immediately given to the probation officer for

further action.

A writ of habeas corpus that requires the production of a

probationer in court, who is presently in BOP custody, shall be

processed in the same manner as for other prisoners as set forth

in the Inmate Systems Manual, except that the supervising United

States Probation Officer shall be notified immediately upon

receipt of the writ and provided with the details. The United

States Marshal, or other agent, who takes custody shall be

notified that the writ will keep the probationer in custody only

for as long as he would be in the custody of the BOP. As a

result, the United States Attorney, or other attorney, who caused

the writ to be issued, shall be advised of the probationer's

unique custody situation so that other arrangements for

production of the probationer, such as by subpoena, can be

considered. The sentencing court can order a probationer

released from BOP custody at any time or modify the custody

terms. ISM staff shall require a certified copy of the court

order or other official document that may be issued. The

document shall be verified for authenticity the same as required

for any court issued document.

The sentencing court (and supervising court if jurisdiction

has been transferred) and the supervising United States Probation

Officer shall be notified immediately upon the escape or death of

a probationer. Other notifications and follow-ups shall be

accomplished

P.S. 5880.28

February 21, 1992

Page 1 - 109

in accordance with the Program Statement on Escapes/Deaths

Notification. Notification to the United States Marshal and

other agencies about an escape or death and the procedures to

follow shall be carried out in accordance with the Correctional

Services Manual and the Inmate Systems Management Manual.

P.S. 5880.28

February 21, 1992

Page 2 - 1

CHAPTER II--INSANITY DEFENSE REFORM ACT OF 1984

1. INTRODUCTION

The Insanity Defense Reform Act of 1984 (IDRA) (Public Law

98-473, Chapter IV of the CCCA) was enacted into law and became

effective when President Reagan signed the CCCA on October 12,

1984.

On November 18, 1988, the Minor and Technical Criminal Law

Amendment Act of 1988 (Public Law 100-690, Title VII of the Anti-

Drug Abuse Act of 1988) was enacted into law and became

effective. It made some minor and technical amendments to 18

USC § 4243.

P.S. 5880.28

February 21, 1992

Page 2 - 2

2. COMMITMENT TO THE CUSTODY OF THE BUREAU OF PRISONS

This chapter is concerned only with Section 403 of the IDRA,

which replaces old Chapter 313 on Mental Defectives, as it

pertains to the commitment, release, discharge, and record

keeping functions. New Chapter 313 is entitled, Offenders With

Mental Disease or Defect.

P.S. 5880.28

February 21, 1992

Page 2 - 3

a. 4241 Determination of Mental Competency to Stand

Trial. The SPC and narrative for a mental competency examination

under 18 USC § 4241 is:

SPC = 0220 4241 Determination of Mental Competency to

Stand Trial

Under 18 USC § 4241, "At any time after the

commencement of a prosecution for an offense and prior to the

sentencing of the defendant, the defendant or the attorney for

the Government may file a motion for a hearing to determine the

mental competency of the defendant." If the court grants the

motion for the hearing, "the court may order that a psychiatric

or psychological examination of the defendant be conducted and

that a psychiatric or psychological report be filed with the

court . . ." The report must, of course, be filed with the court

prior to the date of the hearing. The time allowed under 18 USC

§ 4247(b) for a mental competency examination under 18 USC §

4241, is 30 days, with a 15 day extension if needed and approved

by the court. The examination period begins on the date that the

mental competency examination is ordered.

The examination time, as well as any other time in

custody prior to the examination, shall be treated as presentence

time credit if the prisoner serves a sentence for the offense

that underlies the examination.

P.S. 5880.28

February 21, 1992

Page 2 - 4

b. 4241 Hospitalization and Treatment. The SPC and

narrative for hospitalization treatment under the provisions of

18 USC § 4241 is:

SPC = 0221 4241 Hospitalization and Treatment

After the hearing mentioned in a. above, if "the

court finds by a preponderance of the evidence that the defendant

is presently suffering from a mental disease or defect rendering

him mentally incompetent to the extent that he is unable to

understand the nature and consequences of the proceedings against

him or to assist properly in his defense, the court shall commit

the defendant to the custody of the Attorney General. The

Attorney General shall hospitalize the defendant for treatment in

a suitable facility--(1) for such a reasonable period of time,

not to exceed four months, as is necessary to determine whether

there is a substantial probability that in the foreseeable future

he will attain the capacity to permit the trial to proceed; and

(2) for an additional reasonable period of time until--(A) his

mental condition is so improved that trial may proceed, if the

court finds that there is a substantial probability that within

such additional period of time he will attain the capacity to

permit the trial to proceed; or (B) the pending charges against

him are disposed of according to law; whichever is earlier."

As noted above, the court may commit a defendant to

the custody of the Attorney General for hospitalization and

treatment for four months and an additional reasonable period may

be granted. This

P.S. 5880.28

February 21, 1992

Page 2 - 5

period of time begins on the date of the court order. Such time,

as well as any other time in custody prior to the

hospitalization, shall be treated as presentence time credit if

the defendant serves a sentence for the offense that underlies

the hospitalization and treatment.

If, at the end of the time period specified for the

hospitalization treatment, the defendant's mental condition has

not so improved as to permit the trial to proceed, staff shall

review the case prior to discharge to determine if an 18 USC §

4246 petition should be filed.

P.S. 5880.28

February 21, 1992

Page 2 - 6

c. 4242 Determination of the Existence of Insanity at

the Time of the Offense. The SPC and narrative for a

determination of the existence of insanity at the time of the

offense under 18 USC § 4242 is:

SPC = 0222 4242 Determination of The Existence of

Insanity At The Time of The Offense

"Upon the filing of a notice, as provided in Rule

12.2 of the Federal Rules of Criminal Procedure, that the

defendant intends to rely on the defense of insanity, the court,

upon motion of the attorney for the Government, shall order that

a psychiatric or psychological examination of the defendant be

conducted, and that a psychiatric or psychological report be

filed with the court, pursuant to the provisions of section

4247(b) and (c)."

The examination time allowed under 18 USC § 4247(b)

is 45 days, with a 30 day extension if needed and approved by the

court. The examination period begins on the date of the order.

Such time, as well as any other time in custody prior to the

commitment, shall be treated as presentence time credit if the

defendant serves a sentence for the offense that underlies the

examination order.

The court may also, at this time, order an

examination under 18 USC § 4241. If this order occurs, the

institution may use the longer time period allowed under 18 USC §

4242 for completion of the combined report.

P.S. 5880.28

February 21, 1992

Page 2 - 7

d. 4243 Determination of Present Mental Condition of

Acquitted Person. The SPC and narrative for an examination of an

acquitted person to determine present mental condition under 18

USC § 4243(b) and (c) is:

SPC = 0223 4243 Determination of Present Mental

Condition of Acquitted Person

Pursuant to 18 USC § 4243(a), "If a person is found

not guilty only by reason of insanity at the time of the offense

charged, he shall be committed to a suitable facility until such

time as he is eligible for release pursuant to subsection (e)."

As a result, under 18 USC § 4243(c), "A hearing shall be

conducted pursuant to the provisions of section 4247(d) and shall

take place not later than forty days following the special

verdict."

The time period for this examination begins on the

date the not guilty only by reason of insanity verdict is

reached. As noted above, the examination time allowed is less

than 40 days since the court is required to conduct a hearing

based on the examination no later than 40 days following the

insanity not guilty verdict. This 40 day time frame conflicts

with the 45 days, and a 30 day extension, authorized by 18 USC §

4247(b). Unless otherwise ordered by the court, the time allowed

by 18 USC § 4247(b) may be utilized.

P.S. 5880.28

February 21, 1992

Page 2 - 8

e. 4243 Hospitalization and Treatment. The SPC and

narrative for a commitment for hospitalization and treatment

under 18 USC § 4243(a) is:

SPC = 0224 4243 Hospitalization and Treatment

If the court commits a person to the custody of the Attorney

General after a verdict of not guilty by reason of insanity and

after a hearing under 18 USC § 4243(c), "fails to find by the

standard specified in subsection (d) of this section that the

person's release would not create a substantial risk of bodily

injury to another person or serious damage of property of another

due to a present mental disease or defect, the court shall commit

the person to the custody of the Attorney General. The Attorney

General shall release the person to the appropriate official of

the State in which the person is domiciled or was tried if such

State will assume responsibility for his custody, care, and

treatment. The Attorney General shall make all reasonable

efforts to cause such a State to assume such responsibility. If,

notwithstanding such efforts, neither such State will assume such

responsibility, the Attorney General shall hospitalize the person

for treatment in a suitable facility . . . The Attorney General

shall continue periodically to exert all reasonable efforts to

cause such a State to assume such responsibility for the person's

custody, care, and treatment."

This period of time begins on the date of the court

order and is for an indefinite period of time.

P.S. 5880.28

February 21, 1992

Page 2 - 9

Furloughs for persons committed for an indefinite

period of time under 18 USC § 4243(e) may be granted in

accordance with 18 USC § 4243(h).

P.S. 5880.28

February 21, 1992

Page 2 - 10

f. 4244 Determination of Present Mental Condition of

Convicted Defendant Prior to Sentencing. The SPC and narrative a

mental condition determination under 18 USC § 4244 is:

SPC = 0225 4244 Determination of Present Mental

Condition of Convicted Defendant Prior

to Sentencing

The examination time allowed for a mental condition

determination, after conviction but prior to sentencing, is 30

days, with a 15 day extension if approved by the court. The

examination period begins on the date of the court order. This

examination time, as well as any other time in custody prior to

the examination, shall be treated as presentence time credit if

it qualifies. (See Chapter I, paragraph 2 (c).)

P.S. 5880.28

February 21, 1992

Page 2 - 11

g. 4244 Hospitalization and Treatment. The SPC and

narrative for a hospitalization and treatment commitment under 18

USC § 4244 is:

SPC = 0226 4244 Hospitalization and Treatment

If the court, after a hearing conducted under the provisions

of 18 USC § 4244(c), finds that the defendant is suffering from a

mental disease or defect that requires hospitalization for care

or treatment in the custody of the Attorney General, such

commitment shall be in lieu of a sentence to imprisonment but

shall constitute a provisional sentence to the maximum term

authorized by law for the offense. The provisional sentence

shall be treated the same as a regular sentence of imprisonment,

i.e., the computation shall be the same, and shall begin on the

date the commitment was ordered. Any time spent in custody prior

to the commitment order shall be treated as presentence time

credit if it qualifies.

If the release date for the maximum sentence is reached

before the defendant recovers, an 18 USC § 4246 determination may

be accomplished prior to discharge. If the defendant recovers to

such an extent that treatment is no longer necessary, the court

should immediately be notified so that it proceed to final

sentencing and may modify the provisional sentence.

P.S. 5880.28

February 21, 1992

Page 2 - 12

h. 4245 Determination of Present Mental Condition of

Imprisoned (Sentenced) Person. The SPC and narrative for a

commitment to determine the present mental condition of a

sentenced person is:

SPC = 0227 4245 Determination of Present Mental

Condition of Imprisoned (Sentenced)

Person

After a person begins serving a sentence and the staff

believes that the person may be suffering from a mental disease

or defect for the treatment of which he is in need of custody for

care or treatment in a suitable facility, and the person objects

to such care or treatment, upon motion of an attorney for the

government, the court may order that a psychiatric or

psychological examination be conducted under the provisions of 18

USC § 4245(b).

The time allowed for an examination under 18 USC § 4245(b)

is 30 days, with a 15 day extension if approved by the court.

The examination period begins on the date of the court order.

Since the person is serving a sentence during the examination,

that period of time will ordinarily not count as presentence time

credit.

P.S. 5880.28

February 21, 1992

Page 2 - 13

i. 4245 Hospitalization and Treatment. The SPC and

narrative for a hospitalization and treatment commitment under 18

USC § 4245 is:

SPC = 0228 4245 Hospitalization and Treatment

Under 18 USC § 4245(d), if the court finds that a person is

presently suffering from a mental disease or defect for the

treatment which the person is in need of custody for care or

treatment in a suitable facility, the court shall commit the

person to the custody of the Attorney General. Commitment under

this section continues until the person is no longer in need of

care or treatment or until expiration of the sentence ( for an

SRA sentence, the release date with any GCT and for an "old law"

sentence, the release date with any statutory and extra good time

or release on parole), whichever occurs earlier. Such a

commitment will change the person's status from one of

imprisonment in a regular facility to "hospitalization and

treatment" in a "suitable facility."

The date that the hospitalization and treatment begins is

the date of the court order. If the person has not recovered by

expiration of sentence (regardless of whether a voluntary or

court ordered commitment), an 18 USC § 4246 determination will be

accomplished prior to discharge. If the person recovers prior to

expiration of sentence, the court will issue an order to that

effect which will essentially return the person to the former

regular sentence status.

P.S. 5880.28

February 21, 1992

Page 2 - 14

j. 4246 Determination of Mental Condition of Person

Due for Release. The SPC and narrative for a commitment for a

mental condition determination under 18 USC § 4246 of a person

due for release:

SPC = 0229 4246 Determination of Mental Condition of

Person Due For Release

Under 18 USC § 4246(b), the court may order that a

psychiatric or psychological examination be conducted to

determine whether the person is suffering from a mental disease

or defect as a result of which the release would create a

substantial risk of bodily injury to another person or serious

damage to property of another.

The time allowed for a psychiatric or psychological

examination under 18 USC § 4246(b) is 45 days, with a 30 day

extension if approved by the court. The examination period

begins on the date of the court order.

P.S. 5880.28

February 21, 1992

Page 2 - 15

k. 4246 Hospitalization and Treatment. The SPC and

narrative for a hospitalization and treatment commitment under 18

USC § 4246 is:

SPC = 0230 4246 Hospitalization and Treatment

If, after a hearing, the court finds that the person is

presently suffering from a mental disease or defect as a result

of which release would create a substantial risk of bodily injury

to another person or serious damage to property of another, the

court shall commit the person to the custody of the Attorney

General as authorized under 18 USC § 4246(d).

A commitment under 18 USC § 4246(d) begins on the date of

the court order and is for an indefinite period of time that

continues until a state will assume responsibility for the

custody, care, and treatment of the person; or until the person's

mental condition is such that the release, or conditional release

under a prescribed regimen of medical, psychiatric, or

psychological care or treatment would not create a substantial

risk of bodily injury to another person or serious damage to

property of another, whichever is earlier.

If the 18 USC § 4246(d) commitment follows an 18 USC § 4245

commitment, the two commitments will run concurrently until

expiration of the sentence on the 18 USC § 4245 commitment and no

presentence time credit will be accrued. If the 18 USC § 4246(d)

commitment follows an 18 USC § 4241 or 4244 commitment, all time

spent in custody as a result of the offense that may lead to a

regular SRA or "old law"

P.S. 5880.28

February 21, 1992

Page 2 - 16

sentence that has not been credited against another sentence

shall be treated as presentence time credit.

P.S. 5880.28

February 21, 1992

Page 3 - 1

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 1

SENTENCE INFORMATION

01-31-89 Offense

02-01-89 Arrested

02-25-89 6 Month Sentence plus

1 Year Supervised Release

PRIOR CUSTODY TIME CALCULATION

DCB = 89-02-25 = 18319

Arrested = 89-02-01 = -18295

Prior Custody Time = 24 Days

EFT DATE CALCULATION

DCB = 89-02-25

Sentence = + 6 Months

Unaffected EFT Date = 89-08-24* = 18499

Prior Custody Time = - 24 Days

EFT Date = 89-07-31 = 18475

SRD CALCULATION

No GCT can be earned on a sentence that is 1 year or less. In

such cases, the EFT Date becomes the SRD.

SRD = 89-07-31

6 MONTHS/10% DATE CALCULATION

SRD = 89-07-31 = 18475

DCB = 89-02-24* = -18318

157 Days

Prior Custody Time = + 24 Days

Days To Be Served = 181 Days

10% = x .10

Pre-Release Custody = 18.1 Days

SRD = 89-07-31 = 18475

Pre-Release Custody = - 18 Days

18475

+ 1 Day

10% Date (Less Than 6 Mos.) = 89-07-14 = 18458

P.S. 5880.28

February 21, 1992

Page 3 - 2

EXAMPLE NO. 1 (continued)

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 89-07-31

Supervised Release Term = + 1 Year

Supervised Release Expires = 90-07-30*

SUMMARY

Prior Custody Time = 24 Days

EFT = 07-31-89

SRD = 07-31-89

6 Months/10% Date = 07-14-89

Supervised Release Expires = 07-30-90

P.S. 5880.28

February 21, 1992

Page 3 - 3

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 2

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 1 Month and 22 Day Sentence Plus

1 Year Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 1 22 1 Year, 1 Month, 22 Days

EFT Date = 90-03-03*

ANNIVERSARY DATE CALCULATION

The 15 days after service of the first full year on the sentence

(01-10-89 through 01-24-89) cannot be used to make a

determination about how much GCT to award for that year since the

full 54 days will reduce the EFT Date of 03-03-90 to an SRD of

01-08-90. You will note that the SRD is 2 days prior to the

First Anniversary Date and 17 days prior to the Vested Date.

Therefore, the partial year consideration time of 6 weeks must be

utilized in order to make a timely decision about how much GCT to

award for the year. As a result, a 6 Weeks Date (11-28-89) has

been calculated for the example as shown below.

PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

EFT = 90-03-03 = 18690

DCB = 89-01-09* = -18272

Length of Sentence in Days = 418 Days

418 x .148 = 61.864

418 - 61 = 357 x .148 = 52.836 + 357 = 409.836

418 - 52 = 366 x .148 = 54.168 + 366 = 420.168

418 - 54 = 364 x .148 = 53.872 + 364 = 417.872

418 - 53 = 365 x .148 = 54.02 + 365 = 419.02

54 Days GCT Awarded - Exception To Dropping Fraction Rule.

EFT = 90-03-03 = 18690

GCT = - 54 Days

SRD = 90-01-08 = 18636

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 89-11-28 = 18595

P.S. 5880.28

February 21, 1992

Page 3 - 4

EXAMPLE NO. 2 (continued)

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-03-90

11-28-90 01-08-90 54 54 01-08-90

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 90-01-08 = 18636

DCB = 89-01-09* = -18272

Days To Be Served = 365 Days

10% = x .10

Pre-Release Custody = 36.50 Days

SRD = 90-01-08 = 18636

Pre-Release Custody = - 36 Days

18600

+ 1 Day

10% Date (Less than 6 Mos.) = 89-12-04 = 18601

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-01-08

Supervised Release Term = + 1 Year

Supervised Release Expires = 91-01-07*

SUMMARY

EFT Date = 03-13-90

GCT Days = 54 Days

SRD = 01-08-90

6 Month/10% Date = 12-04-89

Supervised Release Expires = 01-07-91

P.S. 5880.28

February 21, 1992

Page 3 - 5

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 3

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 2 Months and 1 Day Sentence Plus

2 Years Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 2 1 1 Year, 2 Months, 1 Day

EFT Date = 90-03-10*

ANNIVERSARY DATE CALCULATION

The 15 days allowed for considering how much GCT to award at the end

of the year just passed will not be used in this case because the SRD

of 01-15-90 will have been passed before the final day of the 15 days

(01-24-90) arrives. Waiting until the end of the 15 days to make the

final decision about how much of the 54 days to award would make the

prisoner past due for release by 10 days if the entire 54 days was

awarded. Therefore, a 6 Weeks Date (12-05-89) was calculated, as

shown below, to allow staff ample time to consider the amount of GCT

to award.

PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

EFT = 90-03-10 = 18697

DCB = 89-01-09* = -18272

Sentence Length in Days = 425 Days

425 x .148 = 62.9

425 - 62 = 363 x .148 = 53.724 + 363 = 416.724

425 - 53 = 372 x .148 = 55.056 + 372 = 427.056

425 - 55 = 370 x .148 = 54.76 + 370 = 424.76

425 - 54 = 371 x .148 = 54.908 + 371 = 425.908

EFT = 90-03-10 = 18697

GCT = - 54 Days

SRD = 90-01-15 = 18643

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 89-12-05 = 18602

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-10-90

01-10-90 12-05-89 01-15-90 54 54 01-15-90

**********************************************************************

P.S. 5880.28

February 21, 1992

Page 3 - 6

EXAMPLE NO. 3 (continued)

6 MONTHS/10% DATE CALCULATION

SRD = 90-01-15 = 18643

DCB = 89-01-09* = -18272

Days To Be served = 371 Days

10% = x .10

Pre-Release Custody = 37.1 Days

SRD = 90-01-15 = 18643

Pre-Release Custody = - 37 Days

18606

+ 1 Day

10% Date (Less Than 6 Mos.) = 89-12-10 = 18607

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-01-15

Supervised Release Term = + 2 Years

Supervised Release Expires = 92-01-14*

SUMMARY

EFT Date = 03-10-90

GCT Days = 54 Days

SRD = 01-15-90

6 Month/10% Date = 12-10-89

Supervised Release Expires = 01-14-92

P.S. 5880.28

February 21, 1992

Page 3 - 7

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 4

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 2 Months and 2 Day Sentence Plus

1 Year Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 2 2 1 Year 2 Months, 2 Days

EFT = 90-03-11*

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-10

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-11-90

01-10-90 12-05-89** 01-15-90** 54 54 01-16-90

**Overlapping consideration periods. See 6 Weeks Date below.

Tentative SRD (54 GCT) = 90-01-16 = 18644

Last Anniversary Date = 90-01-09* = -18637

Partial Year Remaining = 7 Days

7 x .148 = 1.036

7 - 1 = 6 x .148 = 0.888 + 6 = 6.888

1 Day of GCT Awarded - Exception To Dropping Fraction Rule.

Tentative SRD (54 GCT) = 90-01-16 = 18644

Prorated GCT for Partial Year = - 1 Day

SRD = 89-12-05 = 18643

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 89-12-05 = 18602

P.S. 5880.28

February 21, 1992

Page 3 - 8

EXAMPLE NO. 4 (continued)

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-11-90

12-05-89 01-15-90 1 55 01-15-90

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 90-01-15 = 18643

DCB = 89-01-09* = -18272

Days To Be Served = 371 Days

10% = x .10

Pre-Release Custody = 37.10 Days

SRD = 90-01-15 = 18643

Pre-Release Custody = - 37 Days

18606

+ 1 Day

10% Date (Less Than 6 Mos.) = 89-12-10 = 18607

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-01-15

Supervised Release Term = + 1 Year

Supervised Release Expires = 91-01-14*

SUMMARY

EFT Date = 03-11-90

GCT Days = 55 Days

SRD = 01-15-90

6 Month/10% Date = 12-10-89

Supervised Release Expires = 01-14-91

P.S. 5880.28

February 21, 1992

Page 3 - 9

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 5

SENTENCE INFORMATION

12-15-88 Offense

12-19-88 Arrested

01-10-89 1 Year,2 Months and 10 Days Sentence Plus

3 Years Supervised Release

PRIOR CUSTODY TIME CREDIT

DCB = 89-01-10 = 18273

Arrested = 88-12-19 = -18251

Prior Custody Time = 22 Days

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 2 10 1 Year, 2 Months, 10 Days

Unaffected EFT Date = 90-03-19* = 18706

Prior Custody Time = - 22 Days

Final EFT Date = 90-02-25 = 18684

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaff. First Anniv. Date = 90-01-10 = 18638

Prior Custody Time = - 22 Days

First Anniversary Date = 89-12-19 = 18616

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 02-25-90

12-19-89 11-20-89** 12-31-89** 54 54 01-02-90

**Overlapping Situation. See 6 Weeks Date Below.

P.S. 5880.28

February 21, 1992

Page 3 - 10

EXAMPLE NO. 5 (continued)

Tentative SRD (54 GCT) = 90-01-02 = 18630

Last Anniversary Date = 89-12-18* = -18615

Partial Year Remaining = 15 Days

15 x .148 = 2.22

15 - 2 = 13 x .148 = 1.924 + 13 = 14.924

15 - 1 = 14 x .148 = 2.072 + 14 = 16.924

Tentative SRD (54 GCT) = 90-01-02 = 18630

Prorated GCT for Partial Year = - 2 Days

SRD = 89-12-31 = 18628

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 89-11-20 = 18587

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 02-25-90

11-20-89 12-31-89 2 56 12-31-89

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 89-12-31 = 18628

DCB = 89-01-09* = -18272

356 Days

Prior Custody Time = + 22 Days

Days To Be Served = 375 Days

10% = x .10

Pre-Release Custody = 37.80 Days

SRD = 89-12-31 = 18628

Pre-Release Custody = - 37 Days

18591

+ 1 Day

10% Date (Less than 6 Mos.) = 89-11-25 = 18592

P.S. 5880.28

February 21, 1992

Page 3 - 11

EXAMPLE NO. 5 (continued)

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 89-12-31

Supervised Release Term = + 3 Years

Supervised Release Expires = 92-12-30*

SUMMARY

Prior Custody Time = 22 Days

EFT Date = 02-25-90

GCT Days = 56 Days

SRD = 12-31-89

6 Month/10% Date = 11-25-89

Supervised Release Expires = 12-30-92

P.S. 5880.28

February 21, 1992

Page 3 - 12

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 6

SENTENCE INFORMATION

12-18-88 Offense

01-10-89 1 Year, 2 Months and 13 Day Sentence Plus

6 Months Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 2 13 Days

EFT = 90-03-22*

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-10

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-22-90

01-10-90 12-15-89** 01-24-90 54 54 01-27-90

**Overlapping Situation. See 6 Weeks Date Below.

Tentative SRD (54 GCT) = 90-01-27 = 18655

Last Anniversary Date = 90-01-09* = -18637

Partial Year Remaining = 18 Days

18 x .148 = 2.664

18 - 2 = 16 x .148 = 2.368 + 16 = 18.368

Tentative SRD (54 GCT) = 90-01-27 = 18655

Prorated GCT for Partial Year = - 2 Days

SRD = 90-01-25 = 18653

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 89-12-15 = 18612

P.S. 5880.28

February 21, 1992

Page 3 - 13

EXAMPLE NO. 6 (continued)

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 03-22-90

12-15-89 01-25-90 2 56 01-25-90

**********************************************************************

6 MONTHS /10% DATE CALCULATION

SRD = 90-01-25 = 18653

DCB = 89-01-09* = -18272

Days To Be Served = 381 Days

10% = x .10

Pre-Release Custody = 38.1 Days

SRD = 90-01-25 = 18653

Pre-Release Custody = - 38 Days

18615

+ 1 Day

10% Date (Less Than 6 Mos.) = 89-12-19 = 18616

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-01-25

Supervised Release Term = + 6 Months

Supervised Release Expires = 90-07-24*

SUMMARY

EFT Date = 03-22-90

GCT Days = 56 Days

SRD = 01-25-90

6 Months/10% Date = 12-19-59

Supervised Release Expires = 07-24-90

P.S. 5880.28

February 21, 1992

Page 3 - 14

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 7

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 3 Months and 14 Day Sentence Plus

2 Years Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 3 14 1 Year, 3 Months, 14 Days

EFT = 90-04-23*

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-10

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 04-23-90

01-10-90 01-10-90 01-24-90 54 54 02-28-90

P.S. 5880.28

February 21, 1992

Page 3 - 15

EXAMPLE NO. 7 (continued)

Tentative SRD (54 GCT) = 90-02-28 = 18687

Last Anniversary Date = 90-01-09* = -18637

Partial Year Remaining = 50 Days

50 x .148 = 7.4

50 - 7 = 43 x .148 = 6.364 + 43 = 49.364

50 - 6 = 44 x .148 = 6.512 + 44 = 50.512

Tentative SRD (54 GCT) = 90-02-28 = 18687

Prorated GCT for Partial Year = - 6 Days

SRD = 90-02-22 = 18681

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 90-01-12 = 18640

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 04-23-90

01-12-90 02-22-90 6 60 02-22-90

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 90-02-22 = 18681

DCB = 89-01-09* = -18272

Days To Be Served = 409 Days

10% = x .10

Pre-Release Custody = 40.9 Days

SRD = 90-02-22 = 18681

Pre-Release Custody = - 40 Days

18641

+ 1 Day

10% Date (Less Than 6 Mos.) = 90-01-14 = 18642

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-02-22

Supervised Release Term = + 2 Years

Supervised Release Expires = 92-02-21*

SUMMARY

EFT Date = 04-23-90

GCT Days = 60 Days

SRD = 02-22-90

6 Months/10% Date = 01-14-90

Supervised Release Expires = 02-21-92

P.S. 5880.28

February 21, 1992

Page 3 - 16

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 8

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 3 Months and 26 Day Sentence Plus

6 Months Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 3 26 1 Year, 3 Months, 26 Days

EFT = 90-05-05*

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-10

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-05-90

01-10-90 01-10-90 01-24-90 54 54 03-12-90

Tentative SRD (54) GCT = 90-03-12 = 18699

Last Anniversary Date = 90-01-09* = -18637

Partial Year Remaining = 62 Days

62 x .148 = 9.176

62 - 9 = 53 x .148 = 7.844 + 53 = 60.844

62 - 7 = 55 x .148 = 8.14 + 55 = 63.14

62 - 8 = 54 x .148 = 7.992 + 54 = 61.992

8 Days of GCT Awarded Instead of 7 - Exception To Dropping The

Fraction Rule.

Tentative SRD (54 GCT) = 90-03-12 = 18699

Prorated GCT for Partial Year = - 8 Days

SRD = 90-03-04 = 18691

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 90-01-22 = 18650

P.S. 5880.28

February 21, 1992

Page 3 - 17

EXAMPLE NO. 8 (continued)

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-05-90

01-22-90 03-04-90 8 62 03-01-90

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 90-03-04 = 18691

DCB = 89-01-09* = -18272

Days To Be Served = 419 Days

10% = x .10

Pre-Release Custody = 41.9 Days

SRD = 90-03-04 = 18691

Pre-release Custody = - 41 Days

18650

+ 1 Day

10% Date (Less Than 6 Mos.) = 90-01-23 = 18651

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-03-04

Supervised Release Term = + 6 Months

Supervised Release Expires = 90-09-03*

SUMMARY

EFT Date = 05-05-90

GCT Days = 62 Days

SRD = 03-04-90

6 Months/10% Date = 01-23-90

Supervised Release Expires = 09-03-90

P.S. 5880.28

February 21, 1992

Page 3 - 18

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 9

SENTENCE INFORMATION

12-15-88 Offense

01-10-89 1 Year, 3 Months and 29 Days Plus

3 Years Supervised Release

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 1 3 29 1 Year, 3 Months, 29 Days

EFT = 90-05-08*

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-10

P.S. 5880.28

February 21, 1992

Page 3 - 19

EXAMPLE NO. 9 (continued)

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-08-90

01-10-90 01-10-90 01-24-90 54 54 03-15-90

Tentative SRD (54 GCT) = 90-03-15 = 18702

Last Anniversary Date = 90-01-09* = -18637

Partial Year Remaining = 65 Days

65 x .148 = 9.62

65 - 9 = 56 x .148 = 8.288 + 56 = 64.288

65 - 8 = 57 x .148 = 8.436 + 57 = 65.436

Tentative SRD 954 GCT) = 90-03-15 = 18702

Prorated GCT for Partial Year = - 8 Days

SRD = 90-03-07 = 18694

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 90-01-25 = 18653

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 05-08-90

01-25-90 03-07-90 8 62 03-07-90

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 90-03-07 = 18694

DCB = 89-01-09* = -18272

Days To Be Served = 422 Days

10% = x .10

Pre-Release Custody = 42.2 Days

SRD = 90-03-07 = 18694

Pre-Release Custody = - 42 Days

18652

+ 1 Day

10% Date (Less Than 6 Mos.) = 90-01-25 = 18653

P.S. 5880.28

February 21, 1992

Page 3 - 20

EXAMPLE NO. 9 (continued)

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 90-03-07

Supervised Release Term = + 3 Years

Supervised Release Expires = 93-03-06*

SUMMARY

EFT Date = 05-08-90

GCT Days = 62 Days

SRD = 03-07-90

6 Months/10% Date = 01-25-90

Supervised Release Expires = 03-06-93

P.S. 5880.28

February 21, 1992

Page 3 - 21

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 10

SENTENCE INFORMATION

01-06-88 Offense

01-10-88 Second Offense

02-18-88 Arrested on Both Charges

03-12-88 Released on Bail on Both Charges

01-10-90 1 Year and 8 Months on First Offense Plus

1 Year Supervised Release

04-10-90 1 Year and 3 Months Concurrent on Second

Offense Plus 3 Years Supervised Release

AGGREGATION OF SENTENCES

DCB First Offense = 89-01-10

Sentence First Offense = + 1 8 1 Year, 3 Months

Unaffected First Off. EFT = 90-09-09*

DCB Second Offense = 90-04-10

Sentence Second Offense = + 1 3 1 Year, 3 Months

Unaffected Second Off. EFT = 91-07-09*

Unaffected Second Off. EFT = 91-07-09

Unaffected First Off. EFT = -90-09-09

Overlap = 10 10 Months

First Offense Sentence = + 1 8 1 Year 3 Months

Total Sentence = 2 6 2 Years, 6 Months

PRIOR CUSTODY TIME CALCULATION

Released on Bail = 88-03-12 = 17969

Arrested = 88-07-17* = -17945

Prior Custody Time = 24 Days

EFT DATE CALCULATION

DCB = 89-01-10

Total Sentence = + 2 6 2 Years, 6 Months

Unaffected EFT Date = 91-07-09* = 19183

Prior Custody Time = - 24 Days

Final EFT Date = 91-06-15 = 19159

P.S. 5880.28

February 21, 1992

Page 3 - 22

EXAMPLE NO. 10 (continued)

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaff. First Anniv. Date = 90-01-10 = 18638

Prior Custody Time = - 24 Days

First Anniversary Date = 89-12-17 = 18614

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 06-15-91

12-17-91 12-17-91 12-31-89 54 54 04-22-91

12-17-90 12-17-90 12-31-90 54 108 02-27-91

Tentative SRD (108 GCT) = 91-02-27 = 19051

Last Anniversary Date = 90-12-17 = -18979

Partial Year Remaining = 72 Days

72 x .148 = 10.656

72 - 10 = 62 x .148 = 9.176 + 62 = 71.176

72 - 9 = 63 x .148 = 9.324 + 63 = 72.324

Tentative SRD (108 GCT) = 91-02-27 = 19051

Prorated GCT for Partial Year = - 9 Days

SRD = 91-02-18 = 19042

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 91-01-08 = 19001

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 06-15-91

01-08-91 02-18-91 9 117 02-18-91

**********************************************************************

P.S. 5880.28

February 21, 1992

Page 3 - 23

EXAMPLE NO. 10 (continued)

6 MONTHS/10% DATE CALCULATION

SRD = 91-02-18 = 19042

DCB = 89-01-09* = -18272

770

Prior Custody Time = + 24 Days

Days To Be Served = 794 Days

10% = x .10

Pre-Release Custody = 79.4 Days

SRD = 91-01-18 = 19042

Pre-Release Custody = - 79 Days

18963

+ 1 Day

10% Date (Less Than 6 Mos.) = 90-12-02 = 18964

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

Even though there are two periods of supervised release to follow (1

year and 3 years, they will run along concurrently, as required by 18

USC § 3624(e), beginning on the day of release from the aggregate

sentence.

SRD = 91-02-18

Supervised Release Term = + 3 Years

Supervised Release Expires = 94-02-17*

SUMMARY

Total Sentence = 2 Years, 6 Months

Prior Custody Time = 24 Days

EFT Date = 06-15-91

GCT Days = 117 Days

SRD = 02-18-91

6 Months/10% Date = 12-01-90

Supervised Release Expires = 02-17-94

P.S. 5880.28

February 21, 1992

Page 3 - 24

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 11

SENTENCE INFORMATION

01-06-88 Offense

01-10-89 3 Years and 7 Months Plus

2 Years Supervised Release

01-11-89 Released on Appeal Bond

07-16-89 Returned to Custody

INOPERATIVE TIME

Returned to Custody = 89-07-16 = 18460

Released on Appeal Bond = 89-01-11 = -18274

186 Days

Do Not Count 07-16-89 = - 1 Day

Inoperative Time = 185 Days

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 3 7 3 Years, 7 Months

Unaffected EFT = 92-08-09* = 19580

Inoperative Time = + 185 Days

Final EFT Date = 93-02-10 = 19765

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaff. First Anniv. Date = 90-01-10 = 18638

Inoperative Time = + 185 Days

First Anniversary Date = 90-07-14 = 18823

P.S. 5880.28

February 21, 1992

Page 3 - 25

EXAMPLE No. 11 (continued)

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 02-10-93

07-14-90 07-14-90 07-28-90 54 54 12-18-92

07-14-91 07-14-91 07-28-91 54 108 10-25-92

07-14-92 07-14-92 07-28-92 54 162 09-01-92

Tentative SRD (162 GCT) = 92-09-01 = 19603

Last Anniversary Date = 92-07-13* = -19553

Partial Year Remaining = 50 Days

50 x .148 = 7.4

50 - 7 = 43 x .148 = 6.364 + 43 = 49.364

50 - 6 = 44 x .148 = 6.512 + 44 = 50.512

Tentative SRD (162 GCT) = 92-09-01 = 19603

Prorated GCT for Partial Year = - 6 Days

SRD = 92-08-26 = 19597

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 92-07-16 = 19556

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 02-10-93

07-16-92 08-26-92 6 168 08-26-92

**********************************************************************

P.S. 5880.28

February 21, 1992

Page 3 - 26

EXAMPLE No. 11 (continued)

6 MONTHS/10% DATE CALCULATION

SRD = 92-08-26 = 19597

DCB = 89-01-09* = -18272

1325 Days

Inoperative Time = - 185 Days

Days To Be Served = 1140 Days

10% = x .10

Pre-Release Custody = 114 Days

SRD = 92-08-26 = 19597

Pre-Release Custody = - 114 Days

19483

+ 1 Day

10% Date (Less Than 6 Mos.) = 92-05-05 = 19484

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 92-08-26

Supervised Release Term = + 2 Years

Supervised Release Expires = 94-08-25*

SUMMARY

Inoperative Time = 185 Days

EFT Date = 02-10-93

GCT Days = 168 Days

SRD = 08-26-92

6 Months/10% Date = 05-05-92

Supervised Release Expires = 08-25-94

P.S. 5880.28

February 21, 1992

Page 3 - 27

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 12

SENTENCE INFORMATION

01-15-88 Offense

02-18-88 Arrested

03-12-88 Released on Bail

01-10-89 4 Years Plus 2 Years

Supervised Release

PRIOR CUSTODY TIME CREDIT CALCULATION

Released on Bail = 88-03-12 = 17969

Arrested = 88-02-17* = 17945

Prior Custody Time = 24 Days

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 4 Years

Unaffected EFT Date = 93-01-09* = 19733

Prior Custody Time = - 24 Days

Final EFT Date = 92-12-16 = 19709

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaff. First Anniv. Date = 90-01-10 = 18638

Prior Custody Time = - 24 Days

First Anniversary Date = 89-12-17 = 18614

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 12-16-92

12-17-89 12-17-89 12-31-89 54 54 10-23-92

12-17-90 12-17-90 12-31-90 54 108 08-30-92

12-17-91 12-17-91 12-31-91 54 162 07-07-92

P.S. 5880.28

February 21, 1992

Page 3 - 28

EXAMPLE NO. 12 (continued)

Tentative SRD (162 GCT) = 92-07-07 = 19547

Last Anniversary Date = 91-12-16* = -19343

Partial Year Remaining = 204 Days

204 x .148 = 301.192

204 - 30 = 174 x .148 = 25.752 + 174 = 199.752

204 - 25 = 179 x .148 = 26.492 + 179 = 205.492

204 - 26 = 178 x .148 = 26.344 + 178 = 204.344

Tentative SRD (162 GCT) = 92-07-07 = 19547

Prorated GCT for Partial Year = - 26 Days

SRD = 92-05-01 = 19480

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 07-07-92

05-01-92 06-11-92 26 188 06-11-92

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 92-06-11 = 19521

DCB = 89-01-09* = -18272

1249 Days

Prior Custody Time = + 24 Days

Days To Be Served = 1273 Days

SRD = 92-06-11 = 19521

Pre-Release Custody = - 127 Days

19394

+ 1 Day

10% Date (Less Than 6 Mos.) = 92-02-06 = 19395

P.S. 5880.28

February 21, 1992

Page 3 - 29

EXAMPLE NO. 12 (continued)

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 92-06-11

Supervised Release Term = + 2 Years

Supervised Release Expires = 94-06-10*

SUMMARY

Prior Custody Time = 24 Days

EFT Date = 12-16-92

GCT Days = 188 Days

SRD = 06-11-92

6 Months/10% Date = 02-06-92

Supervised Release Expires = 06-10-94

P.S. 5880.28

February 21, 1992

Page 3 - 30

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 13

SENTENCE INFORMATION

10-11-88 Offense

10-11-88 Arrested

01-10-89 4 Years and 3 Months Plus

2 Years Supervised Release

PRIOR CUSTODY TIME CALCULATION

DCB = 89-01-09* = 18272

Arrested = 88-10-10* = -18181

Prior Custody Time = 91 Days

INOPERATIVE TIME

Returned To Custody = 90-03-15* = 18702

Escaped = 90-03-04 = -18691

Inoperative Time = 11 Days

PRIOR CUSTODY TIME CREDIT AND INOPERATIVE TIME DIFFERENCE

Prior Custody Time = + 91 Days

Inoperative Time = - 11 Days

Prior Cust. Time Minus Inop. Time = + 80 Days

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 4 3 4 Years, 3 Months

Unaffected EFT Date = 93-04-09* = 19823

Prior Cust. Minus Inop. Time = _ 80 Days

Final EFT Date = 93-01-19 = 19743

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaffected Anniv. Date = 90-01-10 = 18638

Prior Cust. Minus Inop. Time = - 80 Days

First Anniversary Date = 89-10-22 = 18558

P.S. 5880.28

February 21, 1992

Page 3 - 31

EXAMPLE NO. 13 (continued)

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 01-19-93

10-22-89 10-22-89 11-05-89 54 54 11-26-92

10-22-90 10-22-90 11-05-90 54 108 10-03-92

10-22-91 10-22-91 11-05-91 54 162 08-10-92

**********************************************************************

P.S. 5880.28

February 21, 1992

Page 3 - 32

EXAMPLE NO. 13 (continued)

Tentative SRD (162 GCT) = 92-08-10 = 19581

Last Anniversary Date = 91-10-21* = -19287

Partial Year Remaining = 294 Days

294 x .148 = 43.512

294 - 43 = 251 x .148 = 37.148 + 251 = 288.148

294 - 37 = 257 x .148 = 38.036 + 257 = 295.036

294 - 38 = 256 x .148 = 37.888 + 256 = 293.888

38 Days of GCT Awarded Instead of 37 - Exception To Dropping The

Fraction Rule.

Tentative SRD (162 GCT) = 92-08-10 = 19581

Prorated GCT for Partial Year = - 38 Days

SRD = 92-07-03 = 19543

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 92-05-23 = 19502

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 01-19-93

05-23-92 07-03-92 38 200 07-03-92

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 92-07-03 = 19543

DCB = 89-01-09* = -18272

1271 Days

Prior Cust. Minus Inop. Time = + 80 Days

Days To Be Served = 1351 Days

10% = x .10

Pre-Release Custody = 135.1 Days

SRD = 92-07-03 = 19543

Pre-Release Custody = - 135 Days

19408

+ 1 Day

10% Date (Less Than 6 Mos.) = 92-02-02 = 19404

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

SRD = 92-07-03

Supervised Release Term = + 2 Years

Supervised Release Expires = 94-07-02*

P.S. 5880.28

February 21, 1992

Page 3 - 33

EXAMPLE NO. 13 (continued)

SUMMARY

Prior Custody Time = 91 Days

Inoperative Time = 11 Days

EFT Date = 01-19-93

GCT Days = 200 Days

SRD = 07-23-92

6 Months/10% Date = 02-20-92

Supervised Release Expires = 07-02-94

P.S. 5880.28

February 21, 1992

Page 3 - 34

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 14

SENTENCE INFORMATION

01-06-88 First Offense

01-10-88 Second Offense

02-18-88 Arrested on Both Charges

03-12-88 Released on Bail on Both Charges

01-10-89 3 Years on First Offense Plus

2 Years Supervised Release and

4 Year Consecutive Sentence on

Second Offense Plus 2 Years

Supervised Release

PRIOR CUSTODY TIME CALCULATION

Released on Bail = 88-03-12 = 17969

Arrested = 88-02-17* = -17945

Prior Custody Time = 24 Days

AGGREGATION OF SENTENCES

First Offense Sentence = 3 Years

CS Second Offense Sentence = +4 Years

Total Sentence = 7 Years

EFT DATE CALCULATION

DCB = 89-01-10

Sentence = + 7 Years

Unaffected EFT Date = 96-01-09* = 20828

Prior Custody Time = - 24 Days

Final EFT Date = 95-12-16 = 20804

ANNIVERSARY DATE CALCULATION

DCB = 89-01-10

Anniversary Year = + 1 Year

Unaffected Anniv. Date = 90-01-10 = 18638

Prior Custody Time = - 24 Days

First Anniversary Date = 89-12-17 = 18614

P.S. 5880.28

February 21, 1992

Page 3 - 35

EXAMPLE NO. 14 (continued)

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 12-16-95

12-17-89 12-17-89 12-31-89 54 54 10-23-95

12-17-90 12-17-90 12-31-90 54 108 08-30-95

12-17-91 12-17-91 12-31-91 54 162 07-07-95

12-17-92 12-17-92 12-31-92 54 216 05-14-95

12-17-93 12-17-93 12-31-93 54 270 03-21-95

12-17-94 12-11-94** 12-31-94 54 324 01-26-95

**Overlapping Consideration Periods. See 6 Weeks Date Below.

Tentative SRD (324 GCT) = 95-01-26 = 20480

Last Anniversary Date = 94-12-16* = -20439

Partial Year Remaining = 41 Days

41 x .148 = 6.068

41 - 6 = 35 x .148 = 5.18 + 35 = 40.18

41 - 5 = 36 x .148 = 5.328 + 36 = 41.328

Tentative SRD (324 GCT) = 95-01-26 = 20480

Prorated GCT for Partial Year = - 5 Days

SRD = 95-01-21 = 20475

6 Weeks Consideration Date = - 41 Days

6 Weeks Date = 94-12-11 = 20434

P.S. 5880.28

February 21, 1992

Page 3 - 36

EXAMPLE NO. 14 (continued)

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 12-16-95

12-11-94 01-21-95 5 329 01-21-95

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 95-01-21 = 20475

DCB = 89-01-09* = -18272

2203

Prior Custody Time = + 24 Days

Days To Be Served = 2227

10% = x .10

Pre-Release Custody (More Than 6 Mos.) = 222.7 Days

SRD = 95-01-21

Pre-Release Custody = - 6 Months

94-07-21 = 20291

+ 1 Day

6 Months Date = 94-07-20 = 20290

SUPERVISED RELEASE EXPIRATION DATE CALCULATION

Even though the 3 and 4 year sentences were ordered to run

consecutively, the terms of supervised release (2 years on each

sentence) run concurrently as required by 18 USC § 3624(e).

SRD = 95-01-21

Supervised Release Term = + 2 Years

Supervised Release Expires = 97-01-21*

SUMMARY

Prior Custody Time = 24 Days

EFT Date = 12-16-95

GCT Days = 329 Days

SRD = 01-21-95

6 Months/10% Date = 07-20-94

Supervised Release Expires = 01-20-97

P.S. 5880.28

February 21, 1992

Page 3 - 37

FOREIGN TREATY SENTENCE COMPUTATION EXAMPLE NO. 15

SENTENCE INFORMATION

03-04-89 Foreign Offense

03-04-89 Foreign Arrest

03-12-89 7 Year Foreign Sentence

12-05-90 Transferred to U.S.

105 Days Foreign Remission Time

PRIOR CUSTODY TIME CREDIT

DCB = 89-03-11* = 18333

Arrested = 89-03-03* = -18325

Prior Custody Time = 8 Days

BOP EFT DATE CALCULATION

DCB = 89-03-12

Foreign Sentence = + 7 Years

Unaffected EFT Date = 96-03-11* = 20890

Prior Custody Time = - 8 Days

Original EFT Date = 96-03-03 = 20882

Foreign Remission Time = - 105 Days

Final EFT Date = 95-11-19 = 20777

ANNIVERSARY DATE CALCULATION

Transfer to U.S. Date = 90-12-05

Anniversary Year = + 1 Year

First Anniversary Date = 91-12-05

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 11-19-95

12-05-91 12-05-91 12-19-91 54 54 09-26-95

12-05-92 12-05-92 12-19-92 54 108 08-03-95

12-05-93 12-05-93 12-19-93 54 162 06-10-95

12-05-94 12-05-94 12-19-94 54 216 04-17-95

P.S. 5880.28

February 21, 1992

Page 3 - 38

EXAMPLE NO. 15 (continued)

Tentative SRD (216 GCT) = 95-04-17 = 20561

Last Anniversary Date = 94-12-04* = -20427

Partial Year Remaining = 134 Days

134 x .148 = 19.832

134 - 19 = 115 x .148 = 17.02 + 115 = 132.02

134 - 17 = 117 x .148 = 17.316 + 117 = 134.316

Tentative SRD (216 GCT) = 95-04-17 = 20561

Prorated GCT for Partial Year = - 17 Days

SRD = 95-03-31 = 20544

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 95-02-18 = 20503

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 11-19-95

02-18-95 03-31-95 17 233 03-31-95

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 95-03-31 = 20544

DCB = 89-03-11* = -18333

2211 Days

Prior Custody Time = + 8 Days

Days To Be Served = 2219 Days

10% = x .10

Pre-Release Custody (More Than 6 Mos.) = 221.9 Days

SRD = 95-03-31

Pre-Release Custody = - 6 Months

6 Months Date = 94-10-01

PAROLE COMMISSION SUPERVISED RELEASE PERIOD CALCULATION

DCB = 89-03-12

Foreign Sentence = + 7 Years

Unaffected EFT Date = 96-03-11* = 20890

Prior Custody Time = - 8 Days

Original EFT Date = 96-03-03 = 20882

SRD = -95-03-31

Max. Superv. Release Term = 11-01 = 11 Months 1 Day

P.S. 5880.28

February 21, 1992

Page 3 - 39

EXAMPLE NO. 15 (continued)

SUMMARY

Prior Custody Time = 8 Days

BOP EFT Date = 12-05-95

GCT = 233 Days

SRD = 03-31-95

6 Months/10% Date = 08-23-94

Max. Superv. Release Term = 11 Months, 1 Day

P.S. 5880.28

February 21, 1992

Page 3 - 40

MISTRETTA AFFECTED SENTENCE EXAMPLE NO. 16

Situation: Court declares SRA unconstitutional and imposes "old law"

sentence of 6 years and conditional guideline sentence of 48 months.

SPC = 0097 SRA & 4161 SGT & 4162 EGT

SENTENCE INFORMATION

05-30-88 Offense

06-05-88 Arrested

06-15-88 OR Release

12-27-88 Re-Arrested

01-10-89 "Old Law" = 6 Years & Committed to Camp

01-18-89 DCB (Mistretta SRA Sentence) = 48 Months

Total Prior Custody Time = 33 Days

4161 SGT CALCULATION

Pre Mistretta "Old Law" Time Earned From 06-05-88 Through 06-15-88 and

From 12-27-88 Through 01-18-89 = 33 Days.

Pre Mistretta "Old Law" Sentence = 6 Years = 8 Days SGT Per Month. 33

Days Times 8 Days SGT Per Month Divided by 30 = 8 Days SGT.

4162 CGT CALCULATION

Under Pre Mistretta "Old Law", 1 Year or Less in an EGT Earning Status

= 3 Days of GCT Per Month. Time in an Earning Status From 01-10-89

Through 01-17-89 = 8 Days.

8 Days in an Earning Status Times 3 Days GCT Per Month Divided by 31

(Number of Days in January) = 1 Day CGT.

P.S. 5880.28

February 21, 1992

Page 3 - 41

EXAMPLE NO. 16 (continued)

SRA EFT DATE CALCULATION

DCB (Mistretta SRA Sentence) = 89-01-18

SRA Sentence (48 Months) = +04-00-00

= 93-01-18 = 19742

Backed Up 1 Day to Include 01-18-89 = - 1

Original EFT Date = 01-17-93 = 19741

Prior SRA Custody Time (33 Days) = - 33

Original EFT Less 33 Days Prior Custody Time = 19708

"Old Law" SGT (8 Days) = - 8

Original EFT Less 8 Days "Old Law" SGT = 19700

"Old Law" CGT (1 Day) = - 1

SRA Final EFT Date = 12-06-92 = 19699

ANNIVERSARY DATE CALCULATION

DCB for SRA Portion = 89-01-18

Anniversary Year = + 1 Year

First Anniversary Date = 90-01-18

YEARLY GCT/PARTIAL YEAR GCT/SRD/6 WEEKS DATE CALCULATIONS

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 12-06-92

90-01-18 90-01-18 90-02-01 54 54 92-10-13

91-01-18 91-01-18 91-02-01 54 108 92-08-20

92-01-18 92-01-18 92-02-01 54 162 92-06-27

The SRA part of the term shall be computed by utilizing the SRA Final

EFT Date of 12-06-92 as calculated above. The first 3 years of the

sentence, as shown on the chart, earned 54 days of GCT at the end of

each year, resulting in a total of 162 days GCT for the period and a

tentative date of release of 06-27-92. The balance of the GCT to be

earned on the SRA part of the term must be prorated and is based on

the amount of time to be served between the last Anniversary Date (01-

18-92) and the release date, as it stood (06-27-92) at that time, as

shown in the following.

P.S. 5880.28

February 21, 1992

Page 3 - 42

EXAMPLE NO. 16 (continued)

Tentative Release Date = 06-27-92 = 19537

Last Anniversary Date = 01-17-92* = -19375

Partial SRA Year Remaining = 162

162 x .148 = 23.976

162 - 23 = 139 x .148 = 20.572 + 139 = 159.572

162 - 20 = 142 x .148 = 21.016 + 142 = 163.016

162 - 21 = 141 x .148 = 20.868 + 141 = 161.868

21 Days of GCT Awarded Instead of 20 - Exception To Dropping The

Fraction Rule.

Tentative SRD (162 GCT) = 92-06-27 = 19537

Prorated GCT for Partial SRA Year = - 21 Days

SRD = 92-06-06 = 19516

6 Weeks Consideration Time = - 41 Days

6 Weeks Date = 92-04-26 = 19475

**********************************************************************

Anni- Consid- Maximum Release

versary eration Vested To Actual Running Date

Date Begins Date Award Award Total 12-06-92

92-04-16 92-06-06 21 183 92-06-06

**********************************************************************

6 MONTHS/10% DATE CALCULATION

SRD = 92-06-06 = 19516

DCB for SRA Portion = 89-01-18 = -18281

Days To Be Served = 1235 Days

10% = x .10

Pre-Release Custody = 123.5 Days

SRD = 92-06-06 = 19516

Pre-Release Custody = - 123 Days

19393

+ 1 Day

10% Date (Less Than 6 Mos.) = 92-02-05 = 19394

SUMMARY

EFT Date = 12-06-92

GCT Days = 183 Days

SRD = 06-06-92

6 Months/10% Date = 02-05-92

P.S. 5880.28

February 21, 1992

Page 4 - 1

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

1 Day 0 GCT 1 Day 43 Days 5 GCT 38 Days

2 Days 0 GCT 2 Days 44 Days 5 GCT 39 Days

3 Days 0 GCT 3 Days 45 Days 5 GCT 40 Days

4 Days 0 GCT 4 Days 46 Days 6 GCT 40 Days

5 Days 0 GCT 5 Days 47 Days 6 GCT 41 Days

6 Days 0 GCT 6 Days 48 Days 6 GCT 42 Days

7 Days 1 GCT 6 Days 49 Days 6 GCT 43 Days

8 Days 1 GCT 7 Days 50 Days 6 GCT 44 Days

9 Days 1 GCT 8 Days 51 Days 6 GCT 45 Days

10 Days 1 GCT 9 Days 52 Days 6 GCT 46 Days

11 Days 1 GCT 10 Days 53 Days 6 GCT 47 Days

12 Days 1 GCT 11 Days 54 Days 7 GCT 47 Days

13 Days 1 GCT 12 Days 55 Days 7 GCT 48 Days

14 Days 1 GCT 13 Days 56 Days 7 GCT 49 Days

15 Days 2 GCT 13 Days 57 Days 7 GCT 50 Days

16 Days 2 GCT 14 Days 58 Days 7 GCT 51 Days

17 Days 2 GCT 15 Days 59 Days 7 GCT 52 Days

18 Days 2 GCT 16 Days 60 Days 7 GCT 53 Days

19 Days 2 GCT 17 Days 61 Days 7 GCT 54 Days

20 Days 2 GCT 18 Days 62 Days 8 GCT 54 Days

21 Days 2 GCT 19 Days 63 Days 8 GCT 55 Days

22 Days 2 GCT 20 Days 64 Days 8 GCT 56 Days

23 Days 3 GCT 20 Days 65 Days 8 GCT 57 Days

24 Days 3 GCT 21 Days 66 Days 8 GCT 58 Days

25 Days 3 GCT 22 Days 67 Days 8 GCT 59 Days

26 Days 3 GCT 23 Days 68 Days 8 GCT 60 Days

27 Days 3 GCT 24 Days 69 Days 9 GCT 60 Days

28 Days 3 GCT 25 Days 70 Days 9 GCT 61 Days

29 Days 3 GCT 26 Days 71 Days 9 GCT 62 Days

30 Days 3 GCT 27 Days 72 Days 9 GCT 63 Days

31 Days 4 GCT 27 Days 73 Days 9 GCT 64 Days

32 Days 4 GCT 28 Days 74 Days 9 GCT 65 Days

33 Days 4 GCT 29 Days 75 Days 9 GCT 66 Days

34 Days 4 GCT 30 Days 76 Days 9 GCT 67 Days

35 Days 4 GCT 31 Days 77 Days 10 GCT 67 Days

36 Days 4 GCT 32 Days 78 Days 10 GCT 68 Days

37 Days 4 GCT 33 Days 79 Days 10 GCT 69 Days

38 Days 5 GCT 33 Days 80 Days 10 GCT 70 Days

39 Days 5 GCT 34 Days 81 Days 10 GCT 71 Days

40 Days 5 GCT 35 Days 82 Days 10 GCT 72 Days

41 Days 5 GCT 36 Days 83 Days 10 GCT 73 Days

42 Days 5 GCT 37 Days 84 Days 10 GCT 74 Days

P.S. 5880.28

February 21, 1992

Page 4 - 2

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

85 Days 11 GCT 74 Days 127 Days 16 GCT 111 Days

86 Days 11 GCT 75 Days 128 Days 16 GCT 112 Days

87 Days 11 GCT 76 Days 129 Days 16 GCT 113 Days

88 Days 11 GCT 77 Days 130 Days 16 GCT 114 Days

89 Days 11 GCT 78 Days 131 Days 17 GCT 114 Days

90 Days 11 GCT 79 Days 132 Days 17 GCT 115 Days

91 Days 11 GCT 80 Days 133 Days 17 GCT 116 Days

92 Days 11 GCT 81 Days 134 Days 17 GCT 117 Days

93 Days 12 GCT 81 Days 135 Days 17 GCT 118 Days

94 Days 12 GCT 82 Days 136 Days 17 GCT 119 Days

95 Days 12 GCT 83 Days 137 Days 17 GCT 120 Days

96 Days 12 GCT 84 Days 138 Days 17 GCT 121 Days

97 Days 12 GCT 85 Days 139 Days 18 GCT 121 Days

98 Days 12 GCT 86 Days 140 Days 18 GCT 122 Days

99 Days 12 GCT 87 Days 141 Days 18 GCT 123 Days

100 Days 13 GCT 87 Days 142 Days 18 GCT 124 Days

101 Days 13 GCT 88 Days 143 Days 18 GCT 125 Days

102 Days 13 GCT 89 Days 144 Days 18 GCT 126 Days

103 Days 13 GCT 90 Days 145 Days 18 GCT 127 Days

104 Days 13 GCT 91 Days 146 Days 18 GCT 128 Days

105 Days 13 GCT 92 Days 147 Days 19 GCT 128 Days

106 Days 13 GCT 93 Days 148 Days 19 GCT 129 Days

107 Days 13 GCT 94 Days 149 Days 19 GCT 130 Days

108 Days 14 GCT 94 Days 150 Days 19 GCT 131 Days

109 Days 14 GCT 95 Days 151 Days 19 GCT 132 Days

110 Days 14 GCT 96 Days 152 Days 19 GCT 133 Days

111 Days 14 GCT 97 Days 153 Days 19 GCT 134 Days

112 Days 14 GCT 98 Days 154 Days 19 GCT 135 Days

113 Days 14 GCT 99 Days 155 Days 20 GCT 135 Days

114 Days 14 GCT 100 Days 156 Days 20 GCT 136 Days

115 Days 14 GCT 101 Days 157 Days 20 GCT 137 Days

116 Days 15 GCT 101 Days 158 Days 20 GCT 138 Days

117 Days 15 GCT 102 Days 159 Days 20 GCT 139 Days

118 Days 15 GCT 103 Days 160 Days 20 GCT 140 Days

119 Days 15 GCT 104 Days 161 Days 20 GCT 141 Days

120 Days 15 GCT 105 Days 162 Days 21 GCT 141 Days

121 Days 15 GCT 106 Days 163 Days 21 GCT 142 Days

122 Days 15 GCT 107 Days 164 Days 21 GCT 143 Days

123 Days 15 GCT 108 Days 165 Days 21 GCT 144 Days

124 Days 16 GCT 108 Days 166 Days 21 GCT 145 Days

125 Days 16 GCT 109 Days 167 Days 21 GCT 146 Days

126 Days 16 GCT 110 Days 168 Days 21 GCT 147 Days

P.S. 5880.28

February 21, 1992

Page 4 - 3

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

169 Days 21 GCT 148 Days 211 Days 27 GCT 184 Days

170 Days 22 GCT 148 Days 212 Days 27 GCT 185 Days

171 Days 22 GCT 149 Days 213 Days 27 GCT 186 Days

172 Days 22 GCT 150 Days 214 Days 27 GCT 187 Days

173 Days 22 GCT 151 Days 215 Days 27 GCT 188 Days

174 Days 22 GCT 152 Days 216 Days 27 GCT 189 Days

175 Days 22 GCT 153 Days 217 Days 28 GCT 189 Days

176 Days 22 GCT 154 Days 218 Days 28 GCT 190 Days

177 Days 22 GCT 155 Days 219 Days 28 GCT 191 Days

178 Days 23 GCT 155 Days 220 Days 28 GCT 192 Days

179 Days 23 GCT 156 Days 221 Days 28 GCT 193 Days

180 Days 23 GCT 157 Days 222 Days 28 GCT 194 Days

181 Days 23 GCT 158 Days 223 Days 28 GCT 195 Days

182 Days 23 GCT 159 Days 224 Days 29 GCT 195 Days

183 Days 23 GCT 160 Days 225 Days 29 GCT 196 Days

184 Days 23 GCT 161 Days 226 Days 29 GCT 197 Days

185 Days 23 GCT 162 Days 227 Days 29 GCT 198 Days

186 Days 24 GCT 162 Days 228 Days 29 GCT 199 Days

187 Days 24 GCT 163 Days 229 Days 29 GCT 200 Days

188 Days 24 GCT 164 Days 230 Days 29 GCT 201 Days

189 Days 24 GCT 165 Days 231 Days 29 GCT 202 Days

190 Days 24 GCT 166 Days 232 Days 30 GCT 202 Days

191 Days 24 GCT 167 Days 233 Days 30 GCT 203 Days

192 Days 24 GCT 168 Days 234 Days 30 GCT 204 Days

193 Days 25 GCT 168 Days 235 Days 30 GCT 205 Days

194 Days 25 GCT 169 Days 236 Days 30 GCT 206 Days

195 Days 25 GCT 170 Days 237 Days 30 GCT 207 Days

196 Days 25 GCT 171 Days 238 Days 30 GCT 208 Days

197 Days 25 GCT 172 Days 239 Days 30 GCT 209 Days

198 Days 25 GCT 173 Days 240 Days 31 GCT 209 Days

199 Days 25 GCT 174 Days 241 Days 31 GCT 210 Days

200 Days 25 GCT 175 Days 242 Days 31 GCT 211 Days

201 Days 26 GCT 175 Days 243 Days 31 GCT 212 Days

202 Days 26 GCT 176 Days 244 Days 31 GCT 213 Days

203 Days 26 GCT 177 Days 245 Days 31 GCT 214 Days

204 Days 26 GCT 178 Days 246 Days 31 GCT 215 Days

205 Days 26 GCT 179 Days 247 Days 31 GCT 216 Days

206 Days 26 GCT 180 Days 248 Days 32 GCT 216 Days

207 Days 26 GCT 181 Days 249 Days 32 GCT 217 Days

208 Days 26 GCT 182 Days 250 Days 32 GCT 218 Days

209 Days 27 GCT 182 Days 251 Days 32 GCT 219 Days

210 Days 27 GCT 183 Days 252 Days 32 GCT 220 Days

P.S. 5880.28

February 21, 1992

Page 4 - 4

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

253 Days 32 GCT 221 Days 295 Days 38 GCT 257 Days

254 Days 32 GCT 222 Days 296 Days 38 GCT 258 Days

255 Days 33 GCT 222 Days 297 Days 38 GCT 259 Days

256 Days 33 GCT 223 Days 298 Days 38 GCT 260 Days

257 Days 33 GCT 224 Days 299 Days 38 GCT 261 Days

258 Days 33 GCT 225 Days 300 Days 38 GCT 262 Days

259 Days 33 GCT 226 Days 301 Days 38 GCT 263 Days

260 Days 33 GCT 227 Days 302 Days 39 GCT 263 Days

261 Days 33 GCT 228 Days 303 Days 39 GCT 264 Days

262 Days 33 GCT 229 Days 304 Days 39 GCT 265 Days

263 Days 34 GCT 229 Days 305 Days 39 GCT 266 Days

264 Days 34 GCT 230 Days 306 Days 39 GCT 267 Days

265 Days 34 GCT 231 Days 307 Days 39 GCT 268 Days

266 Days 34 GCT 232 Days 308 Days 39 GCT 269 Days

267 Days 34 GCT 233 Days 309 Days 39 GCT 270 Days

268 Days 34 GCT 234 Days 310 Days 40 GCT 270 Days

269 Days 34 GCT 235 Days 311 Days 40 GCT 271 Days

270 Days 34 GCT 236 Days 312 Days 40 GCT 272 Days

271 Days 35 GCT 236 Days 313 Days 40 GCT 273 Days

272 Days 35 GCT 237 Days 314 Days 40 GCT 274 Days

273 Days 35 GCT 238 Days 315 Days 40 GCT 275 Days

274 Days 35 GCT 239 Days 316 Days 40 GCT 276 Days

275 Days 35 GCT 240 Days 317 Days 40 GCT 277 Days

276 Days 35 GCT 241 Days 318 Days 41 GCT 277 Days

277 Days 35 GCT 242 Days 319 Days 41 GCT 278 Days

278 Days 35 GCT 243 Days 320 Days 41 GCT 279 Days

279 Days 36 GCT 243 Days 321 Days 41 GCT 280 Days

280 Days 36 GCT 244 Days 322 Days 41 GCT 281 Days

281 Days 36 GCT 245 Days 323 Days 41 GCT 282 Days

282 Days 36 GCT 246 Days 324 Days 41 GCT 283 Days

283 Days 36 GCT 247 Days 325 Days 42 GCT 283 Days

284 Days 36 GCT 248 Days 326 Days 42 GCT 284 Days

285 Days 36 GCT 249 Days 327 Days 42 GCT 285 Days

286 Days 37 GCT 249 Days 328 Days 42 GCT 286 Days

287 Days 37 GCT 250 Days 329 Days 42 GCT 287 Days

288 Days 37 GCT 251 Days 330 Days 42 GCT 288 Days

289 Days 37 GCT 252 Days 331 Days 42 GCT 289 Days

290 Days 37 GCT 253 Days 332 Days 42 GCT 290 Days

291 Days 37 GCT 254 Days 333 Days 43 GCT 290 Days

292 Days 37 GCT 255 Days 334 Days 43 GCT 291 Days

293 Days 37 GCT 256 Days 335 Days 43 GCT 292 Days

294 Days 38 GCT 256 Days 336 Days 43 GCT 293 Days

P.S. 5880.28

February 21, 1992

Page 4 - 5

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

337 Days 43 GCT 294 Days 379 Days 48 GCT 331 Days

338 Days 43 GCT 295 Days 380 Days 49 GCT 331 Days

339 Days 43 GCT 296 Days 381 Days 49 GCT 332 Days

340 Days 43 GCT 297 Days 382 Days 49 GCT 333 Days

341 Days 44 GCT 297 Days 283 Days 49 GCT 334 Days

342 Days 44 GCT 298 Days 384 Days 49 GCT 335 Days

343 Days 44 GCT 299 Days 385 Days 49 GCT 336 Days

344 Days 44 GCT 300 Days 386 Days 49 GCT 337 Days

345 Days 44 GCT 301 Days 387 Days 50 GCT 337 Days

346 Days 44 GCT 302 Days 388 Days 50 GCT 338 Days

347 Days 44 GCT 303 Days 389 Days 50 GCT 339 Days

348 Days 44 GCT 304 Days 390 Days 50 GCT 340 Days

349 Days 45 GCT 304 Days 391 Days 50 GCT 341 Days

350 Days 45 GCT 305 Days 392 Days 50 GCT 342 Days

351 Days 45 GCT 306 Days 393 Days 50 GCT 343 Days

352 Days 45 GCT 307 Days 394 Days 50 GCT 344 Days

353 Days 45 GCT 308 Days 395 Days 51 GCT 344 Days

354 Days 45 GCT 309 Days 396 Days 51 GCT 345 Days

355 Days 45 GCT 310 Days 397 Days 51 GCT 346 Days

356 Days 46 GCT 310 Days 398 Days 51 GCT 347 Days

357 Days 46 GCT 311 Days 399 Days 51 GCT 348 Days

358 Days 46 GCT 312 Days 400 Days 51 GCT 349 Days

359 Days 46 GCT 313 Days 401 Days 51 GCT 350 Days

360 Days 46 GCT 314 Days 402 Days 51 GCT 351 Days

361 Days 46 GCT 315 Days 403 Days 52 GCT 351 Days

362 Days 46 GCT 316 Days 404 Days 52 GCT 352 Days

363 Days 46 GCT 317 Days 405 Days 52 GCT 353 Days

364 Days 47 GCT 317 Days 406 Days 52 GCT 354 Days

365 Days 47 GCT 318 Days 407 Days 52 GCT 355 Days

366 Days 47 GCT 319 Days 408 Days 52 GCT 356 Days

367 Days 47 GCT 320 Days 409 Days 52 GCT 357 Days

368 Days 47 GCT 321 Days 410 Days 52 GCT 358 Days

369 Days 47 GCT 322 Days 411 Days 53 GCT 358 Days

370 Days 47 GCT 323 Days 412 Days 53 GCT 359 Days

371 Days 47 GCT 324 Days 413 Days 53 GCT 360 Days

372 Days 48 GCT 324 Days 414 Days 53 GCT 361 Days

373 Days 48 GCT 325 Days 415 Days 53 GCT 362 Days

374 Days 48 GCT 326 Days 416 Days 53 GCT 363 Days

375 Days 48 GCT 327 Days 417 Days 53 GCT 364 Days

376 Days 48 GCT 328 Days 418 Days 54 GCT 364 Days

377 Days 48 GCT 329 Days 419 Days 54 GCT 365 Days

378 Days 48 GCT 330 Days 420 Days 54 GCT 366 Days

P.S. 5880.28

February 21, 1992

Page 4 - 6

GOOD CONDUCT TIME CHART

Days Remaining Maximum Days Days Remaining Maximum Days

On Final Portion GCT Actually On Final Portion GCT Actually

Of Sentence Available Served Of Sentence Available Served

421 Days 54 GCT 367 Days

422 Days 54 GCT 368 Days

423 Days 54 GCT 369 Days

424 Days 54 GCT 370 Days

425 Days 54 GCT 371 Days

P.S. 5880.28

February 21, 1992

Page 5 - 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. 5880.28

February 21, 1992

Page 6 - 1

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)