U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

IPD
1480.05
9/21/2000
News Media Contacts

1. [PURPOSE AND SCOPE §540.60. The Bureau of Prisons recognizes
the desirability of establishing a policy that affords the public
information about its operations via the news media.
Representatives of the news media (see §540.2) may visit
institutions for the purpose of preparing reports about the
institution, programs, and activities. It is not the intent of
this rule to provide publicity for an inmate or special
privileges for the news media, but rather to insure a better
informed public. The Bureau of Prisons also has a responsibility
to protect the privacy and other rights of inmates and members of
the staff. Therefore, an interview in an institution must be
regulated to insure the orderly and safe operation of the
institution.]
§540.2 refers to Section 6 of this Program Statement.
These rules apply to inmates in Federal institutions. When a
Federal prisoner is confined in any non-Federal facility the
local or state facility rules and regulations will govern.
This policy shall not restrict the union’s role in representing
bargaining unit employees in their day-to-day, labor-management
relations as outlined by law, the Hatch Act, and Federal Labor
Relations Authority decisions. Union officials will be allowed
to represent the Bargaining Unit in their official capacity
(e.g., providing interviews with the print or broadcast media,
placing advertisements in newspapers, appearing on public talk
shows and radio stations, and speaking at conferences and
conventions) without fear or reprisal from the employer or
representatives of the employer. The Union representative will
be designated as outlined in the master agreement.
[Bracketed Bold - Rules]
Regular Type - Implementing Text

PS 1480.05
9/21/2000
Page 2
2. SUMMARY OF CHANGES. This re-issuance establishes guidelines
regarding the disclosure of names of Bureau employees to the news
media.
3. PROGRAM OBJECTIVES.
are:

The expected results of this program

a. The public will be informed about the Bureau’s operations
through contacts with news media representatives.
b. The privacy and other rights of both inmates and staff will
be protected, including the right of an inmate not to be
photographed or recorded.
c. Representatives of the news media will be informed of
procedures through which they may request interviews with
prisoners in Federal institutions.
d. Staff will be able to identify representatives of the news
media who qualify to interview prisoners in Federal institutions.
4.

DIRECTIVES AFFECTED

a.

Directive Rescinded
PS 1480.04

b.

Contact with News Media (5/19/99)

Directives Referenced
PS 1351.04
PS 5264.06
PS 5265.11
PS 5502.07
PS 7300.09

Release of Information (12/5/96)
Telephone Regulations for Inmates (12/22/95)
Correspondence (7/9/99)
Duty Officer Guidelines and Reporting
Procedures (12/31/97)
Community Corrections Manual (1/12/98)

Resolution 22, Department of Justice (8/3/98)
c. Rules cited in this Program Statement are contained in 28
CFR 540.2(b) and 540.60-65
5.

STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for
Adult Correctional Institutions: 3-4022
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-1A-19

PS 1480.05
9/21/2000
Page 3
c. American Correctional Association Standards for Adult
Correctional Boot Camp Programs: 1-ABC-1A-19
d. American Correctional Association 2nd Edition Standards for
the Administration of Correctional Agencies: 2-CO-1A-27
6. [DEFINITIONS §540.2(b). "Representatives of the news media"
means persons whose principal employment is to gather or report
news for:
a. A newspaper which qualifies as a general circulation
newspaper in the community in which it is published. A newspaper
is one of "general circulation" if it circulates among the
general public and if it publishes news of a general character of
general interest to the public such as news of political,
religious, commercial, or social affairs. A key test to
determine whether a newspaper qualifies as a "general
circulation" newspaper is to determine whether the paper
qualifies for the purpose of publishing legal notices in the
community in which it is located or the area to which it
distributes;
b. A news magazine which has a national circulation and is
sold by newsstands and by mail subscription to the general
public;
c.

A national or international news service; or

d. A radio or television news program, whose primary purpose
is to report the news, of a station holding a Federal
Communications Commission license.]
7.

[AUTHORIZATION §540.61

a. A news media representative who desires to make a visit or
conduct an interview at an institution must make application in
writing to the Warden, indicating that he or she is familiar with
the rules and regulations of the institution and agrees to comply
with them.]
This will be accomplished by the use of an agreement similar to
the News Representatives Agreement form (BP-S232.014), available
on BOPDOCS.
[b. As a condition of authorizing interviews and making
facilities available to conduct an interview, the news media
representative shall recognize a professional responsibility to

PS 1480.05
9/21/2000
Page 4
make reasonable attempts to verify any allegations regarding an
inmate, staff member or institution.
c. A representative of the news media is requested to provide
the Bureau of Prisons an opportunity to respond to any
allegation, which might be published or broadcast prior to
distribution.
d. A representative of the news media shall collect
information only from the primary source. A representative of
the news media may not obtain and use personal information from
one inmate about another inmate who refuses to be interviewed.
e. The Warden may be contacted concerning discussions or
comments regarding applicability of any rule or order.
f. Failure to adhere to the standards of conduct set forth by
this rule for the news media representative constitutes grounds
for denying that news media representative, or the news
organization which he or she represents, permission to conduct an
interview.
g. Any questions as to the meaning or application of this
subpart are resolved by the Director of the Bureau of Prisons.]
8.

[INSTITUTIONAL VISITS §540.62

a. A media representative shall make advance appointments for
visits.
b. When media representatives visit the institutions,
photographs of programs and activities may be taken, and media
representatives may meet with groups of inmates engaged in
authorized programs and activities. An inmate has the right not
to be photographed and not to have his or her voice recorded by
the media. A visiting representative of the media is required to
obtain written permission from an inmate before photographing or
recording the voice of an inmate participating in authorized
programs and activities.]
(1) Use of the inmate's name, identifiable photographs, or
voice recording is not recommended.
(2) The News Interview Authorization form (BP-S233.014),
available on BOPDOCS, must be used by the media when making a

PS 1480.05
9/21/2000
Page 5
request for interview, photographs, voice recording, and
appointments for institutional visits with inmates.
(3) The original copy of the News Interview Authorization
is to be placed in the Inmate Central File and a copy is to be
sent to the media representative making the request.
[c. The Warden may suspend all media visits during an
institutional emergency and for a reasonable time after the
emergency.
d. An inmate currently confined in an institution may not be
employed or act as a reporter.
e. Interviews by reporters and others not included in §540.2
may be permitted only by special arrangement and with approval of
the Warden.]
The Warden may approve institution visits and interviews
requested by writers for the purpose of writing a book. Such
approval is contingent upon the writer:

9.

(1)

Submitting verification of his or her previously
published book(s); or

(2)

Submitting a letter from a recognized publishing
company that indicates the publisher’s contractual
support of the book.

[PERSONAL INTERVIEWS §540.63

a. An inmate may not receive compensation or anything of value
for interviews with the news media.
b. Either an inmate or a representative of the news media may
initiate a request for a personal interview at an institution.
c. Visits by the news media to conduct personal interviews are
subject to the same conditions stated in §540.62. A media
representative shall make a request for personal interview within
a reasonable time prior to the personal interview.]
§540.62 refers to Section 8 of this Program Statement.
[d. Staff shall notify an inmate of each interview request,
and shall, as a prerequisite, obtain from the inmate written
consent for the interview prior to the interview taking place.

PS 1480.05
9/21/2000
Page 6
The written consent or denial becomes part of the inmate's
central file.]
The inmate who agrees to an interview must complete a
BP-S233.014, available on BOPDOCS.
[e. As a prerequisite to granting the interview, an inmate
must authorize the institutional staff to respond to comments
made in the interview and to release information to the news
media relative to the inmate's comments.
f. The Warden shall normally approve or disapprove an
interview request within 24 to 48 hours of the request.
g. The Warden shall document any disapproval. A request for
interview may be denied for any of the following reasons.
(1) The news media representative, or the news organization
which he or she represents, does not agree to the conditions
established by this subpart or has, in the past, failed to abide
by the required conditions.
(2) The inmate is physically or mentally unable to
participate. This must be supported by a medical officer's
statement (a psychologist may be used to verify mental
incapacity) to be placed in the inmate's record, substantiating
the reason for disapproval.
(3) The inmate is a juvenile (under age 18) and written
consent has not been obtained from the inmate's parent or
guardian. If the juvenile inmate's parents or guardians are not
known or their addresses are not known, the Warden of the
institution shall notify the representative of the news media of
the inmate's status as a juvenile, and shall then consider the
request.]
The inmate's written consent, as specified in subsection
9.d., is required.
[(4) The interview, in the opinion of the Warden, would
endanger the health or safety of the interviewer, or would
probably cause serious unrest or disturb the good order of the
institution.

PS 1480.05
9/21/2000
Page 7
(5) The inmate is involved in a pending court action and
the court having jurisdiction has issued an order forbidding such
interviews.
(6) In the case of unconvicted persons (including
competency commitments under 18 U.S.C. 4244 and 4246) held in
federal institutions, interviews are not authorized until there
is clearance with the court having jurisdiction, ordinarily
through the U.S. Attorney's Office.]
In some districts, there may be a standing authorization for
interviews, in the absence of individual "gag orders," but in
other districts, all pretrial inmates may need to be cleared upon
request for interviews.
[(7) The inmate is a "protection" case and revelation of
his or her whereabouts would endanger the inmate's safety.
h. Interviews are normally held in the institution visiting
room during normal weekday business hours. The Warden may:
(1) Determine that another location is more suitable for
conducting the interview;
(2) Limit interview time for the entire institution if the
Warden determines that the interviews are imposing a serious
drain on staff or use of the facilities;
(3) Limit to one one-hour interview per month for an inmate
in segregation, restricted, holdover, control unit, or hospital
status if required by special security, custodial, or supervisory
needs; and
(4) Limit the amount of audio, video, and film equipment or
number of media personnel entering the institution if the Warden
determines that the requested equipment or personnel would create
a disruption within the institution.]
For example, in the case of interviews conducted in visiting
rooms which are frequently crowded, or in visiting rooms of
maximum security institutions, the Warden may limit the equipment
to hand held cameras or recorders.
[i. In conjunction with the personal interview, if the member
of the media wishes to tour the institution, he or she must
comply with the provisions of § 540.61.]

PS 1480.05
9/21/2000
Page 8
§540.61 refers to Section 7 of this Program Statement.
[j.
10.

Interviews are not subject to auditory supervision.]

[PRESS POOLS §540.64

a. The Warden may establish a press pool whenever he or she
determines that the frequency of requests for interviews and
visits reaches a volume that warrants limitations.
b. Whenever the Warden establishes a press pool, the Warden
shall notify all news media representatives who have requested
interviews or visits that have not been conducted. Selected
representatives are admitted to the institution to conduct the
interviews under the specific guidelines established by the
Warden.
c. All members of the press pool are selected by their peers
and consist of not more than one representative from each of the
following groups:
(1)
(2)
(3)
(4)

The national and international news services:
The television and radio networks and outlets;
The news magazines and newspapers; and
All media in the local community where the institution
is located.

If no interest has been expressed by one or more of these
groups, no representative from such group need be selected.
d. All news material generated by such a press pool is made
available to all media without right of first publication or
broadcast.]
11.

[RELEASE OF INFORMATION §540.65

a. The Warden shall promptly make announcements stating the
facts of unusual, newsworthy incidents to local news media.
Examples are deaths, inside escapes, and institution
emergencies.]
The text of such messages must be transmitted to the Central
Office as part of the reports required on the incidents to which
they relate. If it can reasonably be assumed that the wire
services or the Washington news media will make an inquiry at the
Central Office, the text should be communicated to the Central
Office by telephone.

PS 1480.05
9/21/2000
Page 9
[b. The Warden shall provide information about an inmate that
is a matter of public record to the representatives of the media
upon request. The information is limited to the inmate's:
(1)

Name;

(2)

Register number;

(3)

Place of incarceration;]

The release of inmate designation information is prohibited.
An inmate's designation place of incarceration becomes public
information only after the inmate has arrived at the designated
institution.
[(4)

Age;

(5)

Race;

(6) Conviction and sentencing data: this includes the
offense(s) for which convicted, the court where convicted, the
date of sentencing, the length of sentence(s), the amount of good
time earned, the parole eligibility date and parole release
(presumptive or effective) date, and the date of expiration of
sentence, and includes previous Federal, state, and local
convictions;
(7)

Past movement via transfers or writs;

(8)

General institutional assignments.]

The Warden of each institution, or his or her designated
representative, is solely responsible for contact with the press.
Other staff members are to refer all press inquires to the Warden
or his or her designee.
[c. Information in paragraphs (b) (1) through (8) of this
section may not be released if confidential for protection cases.
d. A request for additional information concerning an inmate
by a representative of the news media is referred to the Public
Information Officer, Central Office, Washington, D.C.
e. The Public Information Officer, Central Office, Washington,
D.C. shall release all announcements related to:

PS 1480.05
9/21/2000
Page 10

12.

(1)

Bureau of Prisons policy;

(2)

Changes in an institutional mission;

(3)

Type of inmate population; or

(4)

Changes in executive personnel.]

RELEASE OF STAFF NAMES

a. Guidelines. When a BOP employee is directly involved in a
newsworthy event, the BOP and/or the Department of Justice,
Office of Public Affairs, may release the name of the employee in
response to a media request unless a designated official at the
BOP determines that:
(1)

it is reasonable to believe that:
(i)

release could reasonably compromise a pending
investigation; or

(ii) release could compromise a confidential
source.
(2)

it is reasonable to believe that:
(i)

a disclosure could lead to harassment,
violence, or retaliation against the
employee, other federal employees, or the
employee’s family; or

(ii

a disclosure could lead to press inquiries
that would interfere with the employee’s
work.

(3)

the employee was killed or seriously injured and his or
her family has not yet been notified;

(4)

the employee is the subject of allegations of
wrongdoing, and an internal investigation or
disciplinary process is pending or imminent;

(5)

the employee’s identity was publicly known at the time
of the event, but the incident has been obscured by the
passage of time and is no longer the subject of
substantial news attention; or

PS 1480.05
9/21/2000
Page 11
(6)

there is a specific and articulable basis upon which to
conclude that the employee’s name should not be
released for operational or investigative reasons other
than those listed above. If the BOP decides to
withhold an employee’s name under this section, it
would be required to advise the Department’s Office of
Public Affairs as soon as possible.

b. Agency/Employee Consent. If the BOP consents to the
release under Section 12.a. and the information is not maintained
under the employee’s name, the BOP and/or the Department of
Justice, Office of Public Affairs, may release the name of the
employee.
In those instances in which the information is maintained under
the employee’s name, and therefore the Privacy Act must be
considered, the information may be released if the employing
agency and the employee consent or there is an exception under
the Privacy Act which applies. In either case, the employee
should be notified of the release, if possible.
13. INSTITUTION SUPPLEMENT. Each institution must develop an
Institution Supplement to implement this Program Statement. The
Institution Supplement is to include, at a minimum, procedures
for responding to media inquires received after normal duty
hours. Prior to implementation, the Institution Supplement is to
be submitted to the appropriate Regional Director for approval.

/s/
Kathleen Hawk Sawyer
Director


U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

CPD/CPB
P5380.08
8/15/2005
Financial
Responsibility
Program, Inmate

RULES EFFECTIVE: 1/27/2000

1. [PURPOSE AND SCOPE §545.10. The Bureau of Prisons
encourages each sentenced inmate to meet his or her legitimate
financial obligations. As part of the initial classification
process, staff will assist the inmate in developing a
financial plan for meeting those obligations, and at
subsequent program reviews, staff shall consider the inmate's
efforts to fulfill those obligations as indicative of that
individual's acceptance and demonstrated level of
responsibility. The provisions of this rule apply to all
inmates in federal facilities, except: Study and observation
cases, pretrial detainees, and inmates in holdover status
pending designation.]
The Victim and Witness Protection Act of 1982, the Victims of
Crime Act of 1984, the Comprehensive Crime Control Act of
1984, and the Federal Debt Collection Procedures Act of 1990
require a diligent effort on the part of all law enforcement
agencies to collect court-ordered financial obligations.
2. SUMMARY OF CHANGES.
include:

Significant changes in this revision

!

Provides instruction for documenting an inmate’s Inmate
Financial Responsibility Program (IFRP) participation and
progress at times other than regularly scheduled Program
Reviews;

!

Implements quality reviews by region and institution
staff; and

!

Replaces the word “contract” with financial plan.

P5380.08
8/15/2005
Page 2
[Bracketed Bold - Rules]
Regular Type - Implementing Information
3. PROGRAM OBJECTIVES. The expected results of this program
are:
a. All sentenced inmates with financial obligations will
develop, with staff assistance, a financial plan to meet those
obligations.
b. Each financial plan will be monitored effectively to
ensure satisfactory progress is being made.
c. Appropriate consequences will be incurred for inmates
who refuse to participate in the Inmate Financial
Responsibility Program or fail to comply with their financial
plan’s provisions.
d. IFRP data will be monitored to ensure that staff are
conducting quality reviews of the program.
4.

DIRECTIVES AFFECTED
a.

Directive Rescinded
P5380.07

b.

Financial Responsibility Program, Inmate
(1/3/00)

Directives Referenced
P2000.02
P4500.04
P5100.07
P5180.04
P5251.05
P5264.07
P5280.08
P5290.14
P5321.07
P5322.11
P5330.10
P5380.06
P5800.11

Accounting Management Manual (10/15/86)
Trust Fund/Warehouse/Laundry Manual (12/15/95)
Security Designation and Custody Classification
Manual (9/3/99)
Central Inmate Monitoring System (8/16/96)
Work and Performance Pay Program, Inmate
(12/31/98)
Telephone Regulations for Inmates (1/31/02)
Furloughs (2/4/98)
Admission and Orientation Program (4/3/03)
Unit Management (9/16/99)
Classification and Program Review of Inmates
(3/11/99)
Drug Abuse Programs Manual, Inmate (5/25/95)
Cost of Incarceration Fee (8/11/99)
Central File, Privacy Folder and Parole MiniFiles (9/8/97)

P5380.08
8/15/2005
Page 3
P5803.07
P5873.06
P5882.03
P7310.04
P8120.02

Progress Reports (3/16/98)
Release Gratuities (8/6/03)
Fines and Costs (2/4/98)
Community Corrections Center (CCC) Utilization
and Transfer Procedure (12/16/98)
FPI Work Programs for Inmates (7/15/99)

c. Rules cited in this Program Statement are contained in
28 CFR 545.10-11.
5.

STANDARDS REFERENCED

a. American Correctional Association 4th Edition Standards
for
Adult Correctional Institutions: None
b. American Correctional Association 3rd Edition Standards
for Adult Local Detention Facilities: None
c. American Correctional Association 2nd Edition Standards
for Administration of Correctional Agencies: None
6. PRETRIAL, HOLDOVER AND/OR DETAINEE PROCEDURES. Procedures
specified in this Program Statement do not apply to pretrial
or detainee inmates. Bureau holdover inmates housed in Bureau
jail facilities who are in IFRP "REFUSE" status will be held
to the same FRP restrictions (e.g. lowest housing, no special
purchases, not eligible for community-based programs, etc.),
as if they were at the institution designated for them.
7. INMATE FINANCIAL RESPONSIBILITY PROGRAM (IFRP)
COORDINATORS. The Administrator, Correctional Programs
Branch, Central Office, will appoint a National IFRP
Coordinator to act as a resource person for Bureau staff,
other components of the Department of Justice, other law
enforcement agencies, and the public.
Each Regional Correctional Programs Administrator will appoint
a Regional IFRP Coordinator to:
!
!
!
!

act as a resource person;
monitor institution programs;
provide quality control within that region; and
review the biannual IFRP Discrepancy Report.

P5380.08
8/15/2005
Page 4
Each Warden will appoint an Institution IFRP Coordinator,
ordinarily not below the assistant department head level, to
monitor all applicable IFRP assignments for inmates in the
institution and ensure that IFRP information is provided to
inmates during the Admission and Orientation Program.
It is the Unit Manager’s responsibility to monitor all
applicable IFRP assignments and payment activity in the unit,
and to ensure that accurate IFRP information is reflected in
the IFRP SENTRY Module.
8. [PROCEDURES §545.11. When an inmate has a financial
obligation, unit staff shall help that inmate develop a
financial plan and shall monitor the inmate's progress in
meeting that obligation.]
During an inmate’s initial classification, the Unit Manager
will ensure unit staff cross reference the Judgment and
Commitment Order (J&C) with the Sentence Monitoring
Computation Data SENTRY transaction. If the sentence
computation is not completed prior to the initial
classification, unit staff will perform the cross check as
soon as practicable, normally within 45 calender days of the
inmate’s arrival. In the event of an amended J&C, or an
additional J&C order, unit staff will review for any changes
in IFRP status. Specifically, the Court of Jurisdiction,
sentencing date, docket number, and financial obligations must
be reviewed to ensure accuracy. After cross checking, any
discrepancies will be communicated to the ISM Department for
correction.
Staff will encourage inmates to satisfy their legitimate
financial obligations at the time of commitment or
subsequently to earn compensation through UNICOR or other
institution work assignments.
The Unit Team may postpone a newly committed inmate's
participation in the IFRP until his or her first Program
Review, if staff determine the inmate has limited financial
resources. In ordinary situations, an inmate will be
considered to have limited financial resources when he or she
does not have enough institution earnings or trust fund
account deposits to make a minimum IFRP payment of $25 per
quarter. At the unit team’s discretion, inmates may be
required to make their first IFRP payment prior to being
approved for special purchase requests.

P5380.08
8/15/2005
Page 5
[a. Developing a Financial Plan. At initial
classification, the Unit Team shall review an inmate's
financial obligations, using all available documentation,
including, but not limited to, the Presentence Investigation
and the Judgment and Commitment Order(s). The financial plan
developed shall be documented and will include the following
obligations, ordinarily to be paid in the priority order as
listed:
(1)

Special Assessments imposed under 18 U.S.C. 3013;]

A defendant's obligation to pay a special assessment
ceases five years after the date judgment was imposed.
Inmates who fail to pay their assessments during the five-year
period become absolved of this responsibility. (18 U.S.C. §
3013 (c)) ‘No Oblig’ will be entered for those inmates whose
special assessment has expired and they have no other
financial obligations.
[(2) Court-ordered restitution;]
When the court imposes restitution in conjunction with a
special assessment, the inmate and Unit Team may develop a
financial plan for satisfying the restitution prior to
the special assessment, provided:
(a) Significant bodily injury to a victim occurred as
a result of the offense; and/or
(b) Significant loss or destruction of property to a
victim occurred as a result of the offense; and/or,
(c) The court, U.S. Attorney's Office, or other law
enforcement agency in the jurisdiction where the offense
occurred
has requested it.
When considering this option, staff should be aware that
special assessments expire after five years and every effort
should be made to collect the special assessment prior to its
expiration.
If the J&C states that restitution is to be made directly
to the victim, the payment(s) is still processed through the
SENTRY IFRP module, and Financial Litigation staff will
distribute the funds.

P5380.08
8/15/2005
Page 6
A defendant's obligation to pay restitution ceases 20
years after the inmate's release from incarceration for
inmates convicted on or after April 24, 1996.
A defendant's obligation to pay restitution ceases on a
circuit-by-circuit basis for inmates convicted prior to
April 24, 1996. (18 U.S.C. § 3613(b))
[(3)

Fines and court costs;]

The court may establish a payment schedule or a deferred
payment date to satisfy a restitution order or a fine. When
the dates of the court-ordered payment schedule follow the
period of incarceration, the financial plan should address any
other financial obligations, while encouraging inmates to save
funds to help meet future obligations.
A defendant's obligation to pay a fine ceases 20 years
after the date judgment was imposed for inmates convicted
prior to April 24, 1996.
A defendant's obligation to pay a fine ceases 20 years
after the inmate's release from incarceration for inmates
convicted on or after April 24, 1996. (18 U.S.C. § 3613(b))
[(4)

State or local court obligations; and]

These may include child support, alimony, etc. Unit
staff must obtain documentation that demonstrates the inmate’s
obligation. These documents may include a court order or
judgement, or a letter with the inmate’s obligation from a
state Child Support Enforcement Unit. This documentation may
be obtained from the U.S. Probation Office, directly from the
Court issuing the order, or from a state Child Support
Enforcement Unit.
[(5)

Other federal government obligations.]

(a) Fees imposed under the provisions of Cost of
Incarceration (18 U.S.C. § 4001) will be paid before other
financial obligations included in this category. Other
obligations included in this category are judgments in favor
of the United States, as well as such obligations as student
loans, Veterans Administration claims, tax liabilities,
Freedom of Information/Privacy Act fees, etc.

P5380.08
8/15/2005
Page 7
In accordance with 18 U.S.C. § 3624(e), any inmate who
has a term of supervised release and a fine relative to the
offense under which he or she was committed, must agree to
adhere to an installment schedule to pay any remaining balance
on this fine while under release supervision. Any inmate who
refuses to comply with 18 U.S.C. § 3624(e) must remain in
Bureau custody.
The inmate must sign and unit staff are to witness the
Agreement to Adhere to Installment Schedule Agreement for
Unpaid Fines (BP-S864.053 available on BOPDOCS and Sallyport)
no later than 60 days prior to the inmate's release from
custody. The signed agreement is to be placed in the Inmate
Central File (section 1) and copies forwarded to the
appropriate records office and the Supervising U.S. Probation
Officer. This form should not be completed for any other type
of court ordered financial obligations, such as assessments,
costs, restitutions, committed fines, or other types of
obligations.
A consecutive sentence in which there is a courtimposed financial obligation does not relieve an inmate of
satisfying that debt(s) prior to actually serving that
sentence. He or she is to be placed in the appropriate IFRP
status depending upon the Unit Team's assessment of the
inmate's ability to pay based upon community resources and
institution earnings. When staff are notified by the Courts,
or an agent of the Courts, that an inmate is assessed interest
on an obligation, staff will enter the total interest to be
paid as a separate obligation only after the principal has
been paid in full.
Absent direction from the court concerning when an
obligation should be collected, payments may begin during an
inmate's period of incarceration. However, unit staff are to
contact the U.S. Probation Office for clarification when it is
unclear if the court-ordered obligation is to be paid while
the inmate is in Bureau custody or as a condition of
supervision. Additionally, if the J&C has a specific payment
plan outlined, payments are to be collected according to the
direction provided in the order.
[b. Payment. The inmate is responsible for making
satisfactory progress in meeting his/her financial
responsibility plan and for providing documentation of these
payments to unit staff. Payments may be made from institution

P5380.08
8/15/2005
Page 8
resources or non-institution (community) resources. In
developing an inmate's financial plan, the Unit Team shall
first subtract from the trust fund account the inmate's
minimum payment schedule for UNICOR or non-UNICOR work
assignments, set forth below in paragraphs (b)(1) and (b)(2)
of this section. The Unit Team shall then exclude from its
assessment $75.00 a month deposited into the inmate's trust
fund account. This $75.00 is excluded to allow the inmate the
opportunity to better maintain telephone communication under
the Inmate Telephone System (ITS).]
At each program review, when reviewing the inmate's
financial plan, the Unit Team must:
•

•
•

determine the total funds deposited into the
inmate's trust fund account for the previous six
months;
subtract the IFRP payments made by the inmate during
the previous six months; and
subtract $450 (i.e., $75 x 6 months, ITS exclusion).

Any money remaining after the above computation may be
considered for IFRP payments, regardless of whether the money
is in the inmate's trust fund or phone credit account. The
Unit Team has the discretion to consider all monies above that
computation to adjust the inmate's IFRP payment plan.
The Unit Manager is the determining authority when it
comes to deciding whether an inmate’s IFRP payments are
commensurate with his/her ability to pay. This decision is
solely at the discretion of the Unit Manager and is to be
decided on a case-by-case basis. Variations in what is
considered a commensurate payment are expected and are
appropriate since the determination of commensurate payments
is based on individual circumstances.
Note:

Once money has been transferred from the
inmate's trust fund account to the inmate's
phone credit account, this money may not be
transferred back to the inmate's trust fund
account, except as provided for in the Trust
Fund/Warehouse/Laundry Manual. If an inmate's
IFRP payment plan is adjusted due to a
significant amount of incoming funds (above the
$450 exclusion) being deposited in the phone
credit account, the inmate is to be encouraged

P5380.08
8/15/2005
Page 9
to refrain from additional deposits to the phone
credit account to accommodate the new IFRP
payments.
[(1) Ordinarily, the minimum payment for non-UNICOR and
UNICOR grade 5 inmates will be $25.00 per quarter. This
minimum payment may exceed $25.00, taking into consideration
the inmate's specific obligations, institution resources, and
community resources.
(2) Inmates assigned grades 1 through 4 in UNICOR
ordinarily will be expected to allot not less than 50% of
their monthly pay to the payment process. Any allotment which
is less than the 50% minimum must be approved by the Unit
Manager.
Allotments may also exceed the 50% minimum after
considering the individual's specific obligations and
resources.]
Inmates with available financial resources will be
encouraged to make single payment amounts. For example, an
inmate with a $100 felony assessment will be encouraged to
make a one time single payment, provided the inmate has the
financial resources to do so.
"Monthly pay" includes bonus and vacation pay. A
recommendation for a lump sum award is to be forwarded from
the detail work supervisor to the Unit Team to note the
inmate's IFRP status prior to forwarding it to the Warden.
IFRP payment plans for UNICOR inmates assigned grades 1
through 4 who earn less than $50 per month should be set up as
single or quarterly trust fund withdrawals (the Unit Team is
to determine the frequency of payments; however, payments
should not be monthly unless they are outside payments) until
the inmate earns at least $50 monthly in a UNICOR position.
The payment should be for no less than $25. When the inmate
earns $50 or more per month, the IFRP payment plan should be
changed to stipulate 50% of the inmate's pay.
(3)

Payments may be made in the following manner:

(a) Non-Institutional Payments. An inmate may use
non-institutional (community) resources to satisfy a financial
obligation. Ordinarily, these are "one-time" payments
directly to the parties to whom the obligations are owed and
are intended to satisfy obligations of significant amounts.

P5380.08
8/15/2005
Page 10
It is the inmate’s responsibility to ensure staff are
provided with a receipt to confirm a payment form a community
resource. This receipt must be furnished prior to the first
of the month to ensure that they are credited like all other
inmates. Cancelled checks or copies of court receipts are not
sufficient documentation as they may be altered. The original
receipt will be photocopied for the file and the staff who
verified the copy from the original will sign and date the
copy.
Furthermore, unless an original receipt is provided,
the receipt for payment must be confirmed by unit staff with
the appropriate law enforcement agency (U.S. Attorney's
Office, U.S. Probation Office, Clerk of Court, etc).
(b) Institution Single Payment. When an inmate's
total financial obligation is $100 or less (for example, a
Special Assessment) a single payment should be encouraged.
(c) Institution Monthly/Quarterly Repetitive
Withdrawals. Repetitive withdrawals from the inmate's Trust
Fund Account will be used for all inmates who elect to make
financial payments from institution earnings. By using the
SENTRY program, unit staff must indicate if the repetitive
payment is to be made monthly or quarterly. Quarterly
repetitive payments should be requested only from non-UNICOR
and UNICOR Grade 5 inmates. Repetitive withdrawals for UNICOR
inmates Grades 1-4 are discussed below.
The Office of Financial Management (OFM) is to process
quarterly repetitive payments once each quarter during the
last month of each quarter (December, March, June and
September). Any payment plan indicating quarterly repetitive
payments OFM received during the first or second month of the
quarter are to be held and processed during the last month of
the quarter.
[c. Monitoring. Participation and/or progress in the
Inmate Financial Responsibility Program will be reviewed each
time staff assess an inmate's demonstrated level of
responsible behavior.]
At these reviews, the IFRP payment plan status appears on
the team sheet. The inmate’s degree of participation will be
reflected on the Program Review Report by noting the following
in the “FRP Plan/Progress” section:

P5380.08
8/15/2005
Page 11
!
!
!
!

the balance owed on the obligation(s),
the current financial plan,
the total amount deposited into the inmate’s trust
fund account for the previous six months, and
whether the financial plan is being increased,
decreased, or will continue at the same rate.

Each month, the IFRP Coordinator will review the IFRP SENTRY
Module Transaction PIEA (Display or Print Expected Versus
Actual Withdrawal Amount) transaction after the withdrawals
have been completed. This transaction allows the user to
display or print a list of inmates who paid less than the
amount specified in the inmate’s financial plan.
—

The Unit Team may also use this information to
determine if an inmate needs to be placed in
“Refuse” status or if the inmate needs to be
counseled.

The IFRP Coordinator will forward a copy of this transaction
to each Unit Manager, who will ensure appropriate action is
taken regarding inmates whose actual payments where less than
expected.
When preparing a progress report, a statement as to what
progress the inmate made during his/her incarceration on court
ordered obligations must be included. Unit staff may make
positive comments regarding the inmate’s FRP participation.
[d. Effects of Non-participation. Refusal by an inmate to
participate in the financial responsibility program or to
comply with the provisions of his financial plan ordinarily
shall result in the following:
(1) Where applicable, the Parole Commission will be
notified of the inmate's failure to participate;
(2) The inmate will not receive any furlough (other than
possibly an emergency or medical furlough);]
This restriction does not apply to inmates requiring
medical furloughs and inmates with "OUT" or "COM" custody who
are transferring from one institution to a minimum security
level institution via an unescorted transfer.

P5380.08
8/15/2005
Page 12
[(3) The inmate will not receive performance pay above
the maintenance pay level, or bonus pay, or vacation pay;]
The Unit Team is to consider institution needs,
particularly for skilled workers. Such needs may require that
an inmate with a financial obligation be assigned to a lower
paying, non-UNICOR work assignment. The Unit Team considers
this when developing the inmate's financial plan. An inmate
working above the maintenance pay level who fails to make
satisfactory progress on his or her payment plan is to be
reduced to maintenance pay.
[(4) The inmate will not be assigned to any work detail
outside the secure perimeter of the facility;]
Additionally, inmates will not be permitted to
participate in activities outside the secure perimeter, such
as speaking engagements.
[(5) The inmate will not be placed in UNICOR. Any
inmate assigned to UNICOR who fails to make adequate progress
on his/her financial plan will be removed from UNICOR, and
once removed, may
not be placed on a UNICOR waiting list for six months. Any
exceptions to this require approval of the Warden;]
The Unit Team may recommend an inmate for priority
placement in UNICOR to assist in paying a significant
financial obligation. Ordinarily, an inmate will not be
recommended for priority placement unless he or she has
obligations totaling at least $1,000 and limited outside
resources.
[(6) The inmate shall be subject to a monthly commissary
spending limitation more stringent than the monthly commissary
spending limitation set for all inmates. This more stringent
commissary spending limitation for IFRP refuses shall be at
least $25 per month, excluding purchases of stamps, telephone
credits, and, if the inmate is a common fare participant,
Kosher/Halal certified shelf-stable entrees to the extent that
such purchases are allowable under pertinent Bureau
regulations;]
Inmates in IFRP "REFUSE" status will not be permitted to
spend more than $25 per month in commissary, excluding
purchases of stamps and telephone credits. Staff will not

P5380.08
8/15/2005
Page 13
approve any special purchase item request(s) for inmates in
IFRP "REFUSE" status, except for purchases of Kosher/Halal
certified shelf-stable entrees for those inmates verified as
common fare participants.
[(7) The inmate will be quartered in the lowest housing
status (dormitory, double bunking, etc.);
(8) The inmate will not be placed in a community-based
program;]
The Unit Team is to consider the inmate's participation
in the IFRP as an important factor when determining Community
Corrections Center (CCC) placement.
[(9) The inmate will not receive a release gratuity
unless approved by the Warden.]
When a non-participating inmate's need for funds is
exceptionally great, the Unit Team may recommend to the Warden
that a gratuity be given.
[(10) [Reserved]] (This section is reserved for future
rule changes.)
[(11) The inmate will not receive an incentive for
participation in residential drug treatment programs.]
Incentives are defined as early release, financial
awards, maximum CCC placement consideration, and local
institution incentives. Staff are referred to the Drug Abuse
Programs Manual, for limitations, guidelines, and eligibility
criteria.
(12) The inmate's score on "Responsibility" on the
Custody Classification form (BP-338), is to be zero, in
accordance with the Security Designation and Custody
Classification Manual Program Statement.
9. SENTRY REQUIREMENTS. Unit staff are responsible for
entering data into the IFRP SENTRY module accurately pursuant
to the IFRP SENTRY Technical Reference Manual. After an
inmate signs a payment plan, unit staff will forward the
original signed copy to the institution’s OFM.
The Unit Team must enter an appropriate IFRP assignment into

P5380.08
8/15/2005
Page 14
SENTRY no later than initial classification, and review that
assignment at all subsequent regularly scheduled Program
Reviews. Unscheduled reviews (when an inmate’s IFRP status
changes in between Program Reviews) will be documented on the
Inmate Activity Record or in memo format and filed in section
1 of the Inmate Central File. The IFRP assignments are:
a. "UNASSG." "Unassigned" is entered into SENTRY
automatically when an inmate is committed to federal custody.
At initial classification, this assignment must be converted
to another assignment, based on the payment plan the Unit Team
developed and the inmate's willingness to participate.
b. "NO OBLG." "No Obligation" is entered for an inmate
when there is no documented financial obligation. This
category is also used for an inmate who has no financial
obligation payable while in Bureau custody (e.g., An inmate
receives a $50 assessment which the Judge remits or waives,
and a $2,000 fine due while on supervised release). "NO OBLG"
will also be entered for inmates whose financial obligations
have expired due to time limitations.
c. "PART." "Participates in Program" is entered for an
inmate who agrees to pay, signs an agreement, and is making
payments towards his or her financial obligation(s). This
assignment will also include inmates who have agreed on their
payment plan to make a payment at a future date.
In the case of initial commitment only, ‘PART’ may be
assigned to an inmate pending receipt of the first scheduled
payment; however, that payment must be made and confirmed by
staff normally within three months, but no later than six
months (depending upon the quarterly payment cycle). For all
other inmates, the status of "PART" is to be reviewed in
accordance with the payment plan or, at a minimum, every six
months.
d. “REFUSE.” "Refuses to Participate in Program" is entered
immediately when an inmate verbally refuses to participate in
the program. Subsequent to the initial classification, at any
time the Unit Team discovers the inmate is not making the
agreed-upon payment(s), it is their discretion to place the
inmate into IFRP "REFUSE" status and do the following:
!

Notify the inmate of the change in IFRP status, once
the change is made.

P5380.08
8/15/2005
Page 15
!

Discuss with the inmate the consequences of being
placed in "REFUSE" status, and that consequences
will begin immediately.

!

Unit staff are to document that the inmate has been
notified and counseled on the change of IFRP status
in the Inmate Activity Record as soon as
practicable.

Each month, no later than five business days prior to
payroll submission, the Institution IFRP Coordinator must
produce a roster of inmates in "REFUSE" status and distribute
it to:
!
!
!

all Department Heads;
the Associate Warden of Programs; and
the Performance Pay Coordinator.

It is the Performance Pay Coordinator's responsibility to
ensure these inmates do not earn above maintenance pay or earn
bonus pay or vacation. Additionally, an inmate who is in
"REFUSE" status and assigned to work more than one detail will
not earn above maintenance pay for his or her total combined
earnings from each work assignment.
Once an inmate has been placed in "REFUSE" status, the
inmate must demonstrate a willingness to continue
participation in the program.
e. "EXEMPT TMP." "Temporarily Exempt from Participation"
will be entered for an inmate who is unable to participate
adequately toward satisfaction of the obligation, ordinarily
because of medical or psychological restrictions which prevent
the inmate from working. This assignment is at the Unit
Team’s discretion and may also be used for an inmate who is
unable to secure
employment in UNICOR or advance beyond maintenance pay due to
conditions beyond the inmate's control (overcrowding,
institution need, limited financial resources, special
circumstances, etc.).
Additionally, at initial classification, the Unit Team may
place newly committed inmates who have limited financial
resources in IFRP "EXEMPT TMP" status until their first
program review, when unit staff determine that the inmate has
limited financial resources. However, in all cases, staff

P5380.08
8/15/2005
Page 16
must also consider the inmate's ability to participate by
using non-institutional (community) resources prior to placing
the inmate in "EXEMPT TMP" status.
The Unit Team must review each inmate's "EXEMPT TMP" status
at the inmate's program review. The Unit Manager will review
and document the Unit Team's decision on the Program Review
Report when the inmate is continued in this assignment.
f. "COMPLT." "Completed the Program" will be entered for
an inmate who has totally satisfied all financial obligations
ordered payable during incarceration.
10. COURT APPEALS. When an inmate's sentence of imprisonment
is modified or corrected, absent any statement to the contrary
in the new sentencing order, any prior court-ordered financial
obligation(s) remain in effect and should be collected
pursuant to this Program Statement’s provisions. This Program
Statement’s provisions also apply regardless of whether an
inmate is appealing his or her sentence, unless the court
orders a "stay of collection" pending the appeal.
However, if there is a change in the modified court order that
pertains to court-ordered financial obligations, unit staff
will update the inmate’s financial plan to ensure that
accurate information is entered in the IFRP SENTRY Module.
11. WITNESS SECURITY CASES. IFRP payments by Witness
Security Cases must be processed in accordance with this
Program Statement.
12. INSTITUTION SUPPLEMENT.
Institution Supplement to:

Each institution will develop an

a.

Designate an institution IFRP Coordinator;

b.

Outline UNICOR priority placement;

c. Explain any procedures necessary to develop or monitor
the institution IFRP program; and
d. Specify the date of the month on which the IFRP Refuse
roster will be accessed to ensure that non-participating
inmates are not receiving performance pay above the
maintenance pay level.

P5380.08
8/15/2005
Page 17
A copy of the Institution Supplement is to be forwarded to the
respective Regional Correctional Programs Administrator.

/s/
Harley G. Lappin
Director


U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI: CPD
NUMBER: 5110.13
DATE: 12/15/99
SUBJECT: Polygraph Tests,
Administering of

[PURPOSE AND SCOPE §551.70

1.

a. The Bureau of Prisons cooperates with law enforcement
officials and other authorized individuals in the performance of
their duties by permitting them to administer polygraph tests to
an inmate if the inmate consents to the testing.]
Preferably, the testing will take place within the institution.
If essential, arrangements may be made to have an inmate escorted
to the agency's office for the testing.

In that event, the inmate is to be processed in
accordance with all applicable Program Statements
including Escorted Trips and the Correctional Services
Manual.

PROGRAM OBJECTIVE.

2.

The expected result of this program is:

Polygraph tests will only be approved in accordance with clearly
written guidelines and procedures.
DIRECTIVES AFFECTED

3.

a.

Directive Rescinded
PS 5110.09

b.

Administering of Polygraph Tests (2/91/93)

Directives Referenced
PS 5500.09
PS 5538.04

Correctional Services Manual (10/27/97)
Escorted Trips (12/23/96)

[Bracketed Bold] - Rules
Regular Type - Implementing Information

PS 5110.13
12/15/99
Page 2
c. Rules cited in this Program Statement are contained in
28 CFR 551.70-71.
4.

STANDARDS REFERENCED.

5.

[PROCEDURES §551.71

None

a. The Warden may permit polygraph tests in connection with a
State or Federal criminal felony investigation.
b. The Warden may permit polygraph tests in connection with
misdemeanor offenses, civil proceedings, or any other matters.
This type of request, however, is generally disapproved, absent a
federal court order for the test.]

The Warden will notify the Regional Director if a test
is being considered for approval.

[c. The Warden may permit a polygraph test at the request of a
defense counsel or other representative of the inmate. These
requests are subject to the same standards and procedures
applicable to testing by law enforcement officials.
d. The Warden may deny any request for testing which may
disrupt the security or good order of the institution.
e. Upon written request to conduct a polygraph examination of
an inmate, the Warden may approve the request if:
(1) the validity of the request and of the examining agency
can be confirmed;
(2)

the request complies with this section; and

(3)

the inmate gives written consent to the testing.]

The Inmate Polygraph Authorization form, (Attachment A) is to
be used to obtain the inmate's consent. This form may be
reproduced locally.
[f. If the request is approved, the Warden shall notify the
requester that he is responsible for meeting all state and local
requirements in administering the test.

PS 5110.13
12/15/99
Page 3
g. The Bureau of Prisons maintains a record in the inmate's
central file of the polygraph test, indicating the inmate's
consent and the time and place of and the personnel involved in
the testing.]

/s/
Kathleen Hawk Sawyer
Director

PS 5110.13
12/15/99
Attachment A, Page 1
INMATE POLYGRAPH AUTHORIZATION
I,

,

, an

(name)

(reg. no.)

inmate at the

, authorize the Bureau of
(institution)

Prisons to permit

to administer a
(name of polygraph co.)

polygraph test to me at

on
(location)

.
(date)

I understand this is being done in connection with
explained to me by
(name of case/investigation)

,
(name)

.
(title/position)
I do this voluntarily, and with no promise of favor or
coercion by the Bureau of Prisons.
(signature)

(date)

ACKNOWLEDGEMENT OF OATH
LOCAL REPRODUCTION AUTHORIZED