In fiscal year 2012, BOP had a budget of about $6.6 billion for salaries and expenses and as of December 2011, BOP had a staff of about 38,000, which includes administrative, program, and support staff responsible for all of BOP’s activities nationwide. BOP houses inmates across six geographic regions in 117 federal institutions, 15 privately managed prisons, 185 RRCs (also known as halfway houses), and home detention. At the close of fiscal year 2011, about 94 percent of BOP’s inmate population was incarcerated in either federal institutions or privately managed prisons, operating at four different security level designations: minimum, low, medium, and high. The designations depend on the level of security and staff supervision the institution is able to provide such as the presence of security towers; perimeter barriers; the type of inmate housing, including dormitory, cubicle, or cell-type housing; and the staff-to-inmate ratio. Some BOP institutions include multiple prison facilities with different security classifications under common management, in part to increase cost efficiencies. According to BOP, privately managed low-security facilities primarily house criminal aliens. Figure 1 shows the distribution of BOP institutions, privately managed prisons, and RRCs across BOP’s six geographic regions. To house inmates in community corrections locations, BOP contracts with private organizations to manage 185 RRCs around the country. These RRCs allow BOP to house inmates outside of a prison environment to either serve out their full sentence or their remaining sentence prior to release in the community. Inmates are authorized to leave for approved activities, such as seeking employment, working, counseling, visiting, or recreation, but are monitored 24 hours a day through sign-out procedures, regular head counts, staff visits to the approved locations, and random phone contacts. Inmates in RRCs are also required to work, or be actively seeking work, and to pay a percentage of their salaries as a subsistence fee to cover some of their expenses at the RRC. Some federal inmates are placed on home detention at the end of their prison term, either directly from an institution, or following some time in an RRC. Home detention describes all circumstances under which an inmate is serving a portion of his or her sentence while residing in his or her home. Home detention inmates are held to strict schedules and curfews and are monitored by a nearby RRC or the U.S. Probation Office through random staff visits, phone contacts, and occasionally through the use of electronic monitoring.inmate population was housed in RRCs or home detention. BOP has a number of discretionary authorities it can use to impact the period during which an inmate is incarcerated or remains in BOP custody. According to BOP officials, many of the programs that arise from these authorities are primarily intended to rehabilitate inmates and prepare them for reentry into society, as well as encourage good behavior while in BOP custody. The authorities can be classified into two main categories: (1) authorities that reduce the length of the inmate’s sentence, and (2) authorities that allow BOP to transfer an inmate out of prison to serve the remainder of his or her sentence in an RRC or home detention. Table 1 provides the statutory provisions allowing for BOP discretion to reduce a federal prisoner’s period of incarceration. BOP is required, subject to the availability of appropriations, to provide residential substance abuse treatment and make arrangements for appropriate aftercare for all eligible prisoners. Generally, the process to determine inmate eligibility for RDAP participation begins when inmates express interest in the program.nonviolent participants a sentence reduction incentive of up to 12 months In June 1995, BOP began offering for successful completion of the program. The amount of sentence reduction awarded upon completion is based on the length of an inmate’s sentence.complete RDAP, and receive a sentence reduction if eligible. Earned GCT credit does not vest until an inmate’s release date, meaning that all credit is vulnerable to forfeiture for disciplinary cause. generally considered for departures.offenses and being taken advantage of as common mitigating circumstances. One DHO we spoke with reduced a newer inmate’s disallowance because the inmate was manipulated by a fellow inmate to make a prohibited phone call for him. DHOs cited repeated offenses, egregious acts, and violence against correctional officers as common aggravating circumstances. One DHO we spoke with recalled forfeiting over 300 days of an inmate’s earned GCT credit after the inmate was involved in a prison riot. The six DHOs we spoke with told us that the disallowance guidelines were clear, and that the discretion to depart from the guidelines offered them sufficient flexibility and latitude to successfully impact inmate behavior. For example, DHOs cited first-time Although most prisoners receive all of their potential GCT credit, BOP’s method of awarding GCT credit at the end of each year an inmate serves results in a maximum of 47 days of GCT credit earned per year of sentence imposed rather than the 54 days that inmates who have contested BOP’s method in court maintain was the original intent of the statute. sentence guidelines with the understanding that inmates would receive GCT credit so that their actual time served would be 85 percent of the length of the sentence imposed by the judge, assuming good behavior. BOP’s method of awarding GCT, however, results in inmates serving more than 85 percent of their imposed sentences, even after earning the maximum GCT credit, as can be seen in table 4, for a hypothetical sentence of 10 years imposed by the sentencing judge. As authorized in statute, 18 U.S.C. § 3624(b), BOP awards “up to 54 days at the end of each year of the prisoner’s term of imprisonment,” or 54 days per year of sentence served. As applied by BOP, this results in 47 days earned per year of sentence imposed because inmates do not earn GCT credit for years they do not ultimately serve due to being released early. Inmate released during 9th year, after completing 8 years and 260 days 38 (GCT for the remaining 298 days is prorated to conform to the ratio of 54 days per 365 served) Total GCT days granted 470 Total GCT days granted per year of sentence imposed Total time served (days) The U.S. Supreme Court upheld BOP’s methodology against a challenge brought by inmate petitioners. However, BOP officials told us that the agency was supportive of amending the statute, and had submitted a legislative proposal to Congress such that 54 days would be provided for each year of the term of imprisonment originally imposed by the judge, which would result in inmates serving 85 percent of their sentence. BOP provided us estimates in December 2011 showing that if the GCT credit allowance was increased by 7 days, as proposed, BOP could save over $40 million in the first fiscal year after the policy change from the early release of about 3,900 inmates. As of December 2011, the legislative proposal had not been introduced on the floors of the House or Senate. Modification of an imposed sentence: BOP has authority to motion the court to reduce an inmate’s sentence in certain statutorily authorized circumstances, but that authority is implemented infrequently, if at all. The court, upon motion of the Director of BOP, may reduce the term of imprisonment after considering certain statutory factors to the extent that they are applicable, if it finds that “extraordinary and compelling reasons warrant such a reduction” (also known as “compassionate release”) and the reduction is consistent with applicable policy statements issued by the USSC. According to BOP officials, the Director has motioned sentencing judges for inmates’ early releases in a limited number of cases. For instance, BOP has historically interpreted “extraordinary and compelling circumstances” as limited to cases where the inmate has a terminal illness with a life expectancy of 1 year or less or has a profoundly debilitating medical condition. The USSC issued guidance that listed a number of additional circumstances, such as the death or incapacitation of the inmate’s only family member capable of caring for the inmate’s minor child or children. As of December 2011, BOP had not revised its written policy to explicitly include all of the circumstances noted in the USSC guidance although, according to BOP officials, the agency is reviewing two cases that would fall within these circumstances. Where “extraordinary and compelling circumstances” may exist, inmates generally must submit a request explaining their circumstances and their plans for housing, financial support, and medical care if granted an early release. The request is to proceed through multiple layers of review, including the inmate’s warden, the Regional Director, BOP’s Office of General Counsel, and the BOP Director, who may ultimately motion the court. BOP officials recorded that from calendar years 2009 through 2011, 55 requests for early release were approved by the BOP Director and brought as motions to a sentencing judge out of 89 requests approved at lower levels and received at BOP headquarters. The court, upon motion of the Director of BOP, may reduce a prison term after considering certain statutory factors to the extent that they are applicable, if (1) an inmate is over 70 years old, (2) has served at least 30 years in prison pursuant to certain sentences imposed by statute, (3) a determination has been made by the BOP Director that the inmate is not a danger to the safety of any other person or the community as provided by statute, and (4) such a reduction is consistent with applicable policy statements issued by the USSC. However, according to BOP officials, since the authority was enacted, BOP has had no inmates in its custody meeting these criteria and is considering how to implement this authority in the future if an inmate qualified. Generally, where a term of imprisonment is based upon a sentencing range that has subsequently been lowered by the USSC, upon motion of the BOP Director, the court may reduce the term of imprisonment.