Frequently Asked Questions
Federal Bureau of Prisons - Community
Corrections Centers (CCC) Placement:
``(1) In general.--The Director of the Bureau of Prisons
shall, to the extent
practicable, ensure that a prisoner serving
a term of imprisonment spends
a portion of the final months of
that term (not to exceed 12
months), under conditions that will
afford that prisoner a
reasonable opportunity to adjust to and
prepare for the reentry of
that prisoner into the community.
Such conditions may include a
community correctional facility.
``(2) Home confinement authority.--The authority under this
subsection may be used to
place a prisoner in home confinement
for the shorter of 10 percent
of the term of imprisonment of
that prisoner or 6
U.S. Residential Reentry Centers (formally known as Half Way House)
BOP Memo on Revised Guidance for Residential Reentry Center
Placements: 24 June 2010.
Reentry Center (RRC) - formally Half Way House (HWH) - and Home
Confinement, length of stay?
The average expected length of
stay (transfer date to projected release date) in pre-release community
confinement (RRC and home confinement, if approved) for fiscal year 2008
was 100.8 days or about 3-1/3 months.* BOP does
not track length of stay in home detention
confinement authority.--The authority under this subsection may be used
to place a prisoner in home confinement for the shorter of 10 percent of
the term of imprisonment of that prisoner or 6
an inmate is eligible for HWH 6 months before release date, or 10% of the
total sentence, whichever is less.
* Federal Bureau of Prisons "RRC'
Placement Criteria (210608)
Our goal is to place inmates in pre-release
RRC's for the amount of time necessary to provide the greatest likelihood
of successful reentry. Staff are making inmates pre-release RRC
placement decisions on an individual basis based on the following
criteria: the inmates need for pre-release services; the resources and
ability of the RRC to meet the offenders needs; the nature and
circumstances of the inmates offense, the inmates history, and any
potential risks to public safety; any statement by the sentencing court
regarding a period of community confinement; and the need for the BOP to
manage our inmate population in a responsible manner.
Even though eligibility has been increased
to 12 months, it is our experience that inmates pre-release needs can
usually be met with 6 months or less in a pre-release RRC. As you
know, halfway house beds are a scarce commodity and one inmate's use of a
bed beyond his/her actual needs restricts another inmate from use of that
bed. A pre-release RRC placement beyond 6 months will be highly
unusual and will be based on extraordinary needs and compelling
circumstances. We will continue to balance each inmates individual
needs with our duty to use our limited resources judiciously and to
provide pre-release placement to as many inmates as possible.
Federal Bureau of Prisons
does the Second Chance
(Public Law 110-199) implement?
Chance Act implementation does not go into effect until fiscal '09, which
begins 10/01/08. Release is discretionary by Federal Bureau of
is the eligibility criteria for the over 65 provisions--release
criteria--of the Second Chance
Must be over
65, no violence, no sex offense and must have served a minimum of ten
(10) years and/or seventy five percent (75%) of the sentence. WHICHEVER
IS GREATER.. The
Statute states: "75% of the
term of imprisonment to which the offender was
September 30, 2008, the Federal Bureau of Prisons preliminary
assessment as to the number of eligible inmates is a mere 83. Anyone
that thinks they are eligible needs to get their name and number to FedCURE
at: http://www.fedcure.org/contact.shtml for
NOT FORWARD INFORMATION TO FedCURE BEFORE CAREFULLY READING THE
If you know
someone who qualifies submit the following information to FedCURE at:
served to date.
Definition of an
Elderly offender - "Subject to Possible Release via Sec.
231 of the 2nd Chance Act." Public Law 110-199
not less than 65 years old; (ii) who is serving a term of imprisonment that
is not life imprisonment based on conviction for an offense or offenses that
do not include any crime of violence (as defined in section 16 of title 18,
United States Code), sex offense as defined in section 111(5) of the Sex
Offender Registration and Notification Act), offense described in section
2332b(g)(5)(B) of title 18, United States Code, or offense under chapter 37
of title 18, United States Code, and has served the greater of 10 years or 75 percent
of the term of imprisonment to
which the offender was sentenced; (iii) who has not been convicted in the
past of any Federal or State crime of violence, sex offense, or other
offense described in clause (ii); (iv) who has not been determined by the
Bureau of Prisons, on the basis of information the Bureau uses to make
custody classifications, and in the sole discretion of the Bureau, to have a
history of violence, or of engaging in conduct constituting a sex offense or
other offense described in clause (ii); (v) who has not escaped, or
attempted to escape, from a Bureau of Prisons institution; (vi) with respect
to whom the Bureau of Prisons has determined that release to home detention
under this section will result in a substantial net reduction of costs to
the Federal Government; and (vii) who has been determined by the Bureau of
Prisons to be at no substantial risk of engaging in criminal conduct or of
endangering any person or the public if released to home detention.
Good Time Allowances, how is it calculated?
GCT is 15%, which works out to 54 days/year. In reality, however, because of
the calculation method used by the BOP which figures GCT based on full years
served, not the length of sentence, it works out to 12.5%, closer to 47
days/year. The link to the calculator explains this process and will allow you
to figure out the GCT to within a day or two for any
sentencing guidelines change?
nothing on the table to make all of the sentencing guidelines
retroactive. The reason the United
Sentencing Commission recommended a change in the crack guidelines is
that there is a disparity between sentences for powder and crack although
there is no scientific basis for that disparity in that powder and crack are
chemically the same. This has nothing to do with meth or race.
And, the difference in sentence is 100 times for crack compared to
sentence reduction is only for Crack
Prison Work Incentive Act of 2009" is a Bill to restore the former system
of good time allowances toward service of Federal prison terms, and for other
purposes. Original introduced 25 September 2008. Reintroduced 12 March 2009.
- It offers
inmates, other than lifers, from 15% to 60% off of their sentences as a good
time and work inducement depending on the length of their sentence and what
they do with their time. If you call that a laugh, compare that to the
12.5% they get now and the years it can cut a sentence.
- It is not a parole bill
Institutions do not figure good time. That comes from the Federal
Bureau of Prisons computation center in Texas and is done
by a computer program. The statutory good time is prefigured into the
- Good time has never
applied to lifers.
- Industrial good time
applies to any job within the prison.
applies to all inmates, except those sentenced under old law (offenses
committed prior to 01 November 1987); and to those defendant's sentenced on or
after the date of enactment. The bill is retrospective and
1475 shall apply with respect to--
prisoners, other than those to whom the former system of the former chapter
309 of title 18 applies, as of the date of the enactment of this Act;
periods of imprisonment of the prisoners to whom it applies that occur after
the date of that enactment.
application means it applies
to the sentence beginning the day the bill becomes law and forward
application means it applies
to all inmates at the time of passage, however, it applies to a
sentence beginning the day the bill becomes law and forward from that
- Old law inmates
(offenses committed prior to 01 November 1987) already receive the
same good time allowances as provided for in H.R.
- The reason for the
prospective application is generally
understood because Congress is unwilling to provide for a
wholesale release of inmates--a so called watershed bill.
- H.R. 1475 does not
exclude any inmates by type of crime. The good time allowances
provided for therein have nothing to do with the type of offense. It
has to do with the length of the sentence, good behavior and prison
happened to H.R.
Prison Bureau Nonviolent Offender Relief Act of 2007?
was introduced, but it has no cosponsors and is not going
What is the status of the "Criminal
Justice Tax Relief Act" (the so called Federal parole
has still not been introduced although Rep. Davis is in favor of putting it in
and it is a matter of timing as to when it will be put in and that is not up
to FedCURE, it is up to the Congressman. As presently written, federal
parole would be discretionarily available to all
Parole is always discretionary, so it cannot
Parole would be based among other
things on the sentence and time already served.
do Bills go?
"die on the floor" They conclude at the end of session and need to be
reintroduced at the next
march in DC?
Yes, but it
is postponed. The wheels of justice are turning and a march needs to
facilitate or celebrate the movement. Now is not the
the New Inmate Mail Recipient List Policy? 30 or 100
institutions are reporting 100 names other 30. FedCURE is
seeking clarification from the Federal Bureau of Prisons, Central
- Inmate mail is generally slower due to holidays and lock
- Inmate mail is not withheld by the BOP, unless it
- Paperback books and magazines can be sent to inmates.
TRULINCS (Trust Fund Limited Inmate Computer
has no more Boot Camps
Facilities are closing
minutes a month, except for November and December then 400 minutes a
month. Minutes do not roll over, and are paid for as used out of the
inmate's account. If the money is there, the minutes may be
used. When all minutes are used, no more calls can be made until the
courses for inmates, where are they available?
can we do about bad food? NOT
FOR HUMAN CONSUMPTION LABEL?
If anyone gets a label to FedCURE with the
"unfit" language on it, we will put it on the Federal Bureau of
Prisons, National Food Service Administrator's desk the next day in
Washington, DC. The
facility food service administrator can expect to be
- PAST THE EXPIRATION
DATE: Unless it's many months or even years past its freshness date,
it's probably ok.
my loved one eating? Where can I find the BOP menu?
to do about Abuse by BOP Staff?
claim against the U.
S. Government can be filed within two years
of a negligence incident. It is done on a form that you should be
able to find on the internet. Look under Federal Tort Claims Act.
They are almost always denied and you need to sue them, which takes years and
skills most people do not have. Usually the lawsuit accompanies what is
called a Bivins action against the federal employee who is responsible for the
damage asserting that s/he acted outside their official
What is a
team meeting and who is present?
made up of the Unit Mgr., Case Mgr. and Counselor. At Team meetings, a
member of the Psych. Dept sometimes joins in as does a member of the Education
How does an inmate get
months of clear conduct he can request a transfer closer to home from his Case
Mgr. Moves start with the Case Mgr. and are reviewed by the Team.
18 months of clear conduct is required to initiate. Moves are more
automatic when security and custody levels change. Do they solve
problems? Sometimes, but not always the way one would like. Other
inmates are not involved in Team functions. If he is already within 500
miles of his release residence, it is likely that it will not be
a Federal prisoner file for bankruptcy?
prisoners certainly can file a bankruptcy petition. The problem is how
to get to what is called a creditor's meeting before the bankruptcy
trustee. You have to be a resident in the district of filing for six
months. Ask the court if it would be possible for the trustee to come to
the prison for the meeting. Money owed to governments cannot be
Federal prisoners get divorced?
like everyone else
- Either party can file,
subject to the rules of the state the divorce is filed
- It's a common
occurrence, and difficult for the inmate to contest as the
United States Attorney
HC = Home
Reentry Center (formerly: HYH =
Residential Drug Abuse Program
United State Sentencing Commission
United States Parole
do I find my congressperson?
do I write Congress?
do I ask my Congressmen and Representative?
your Congressperson. Personal visit to their office is best, fax,
phone and e-mail next best, snail mail last. Remember to request
co-sponsorship and support of existing bill (in this case HR
receive daily e-mail from FedCURE: