By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

What follows is the Bureau of Prisons’ own text, reproduced in full from its published PDF: Program Statement 5880.28, Sentence Computation Manual (CCCA of 1984). Nothing is summarized or omitted, and the Bureau’s own typographic and OCR artifacts are left as they appear. For the plain-language explanation, see 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 subparagr aphs 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, assessment s, 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

Remove Insert 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 Remove Insert 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

(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

(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.

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

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 percent 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 percent 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 percent 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

(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

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

established in the DAPS Manual was June 26, 1995. No prisoner could be released under this provision prior to that date.

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 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.

of violence as defined in the Program Statement on Definition of Term, “Crimes of Violence.”

CN-04, June 30, 1997 Page 1 – 78G

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:

than the projected SRD, then SENTRY will automatically make that date later by the exact number of days disallowed or forfeited.

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

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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:

which will produce the SENTENCE MONITORING CALC/UPDATE COMPUTATION screen.

from Attachment F from the first sentence on the form the “has been delayed until (Blank)” date.

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.

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.)

old law sentence and that qualifies is eligible for the § 3621(e) early release

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(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.

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:

code which will produce the SENTENCE

MONITORING CALC/UPDATE COMPUTATION

screen.

enter the 3621E CRPS date from form BP-S628.

enter the old law final release date.

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.)

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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

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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.

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Page 1 – 78O 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.

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.)

an inmate goes into a PENDING UDC status or GED UNSAT status at which time the sentences shall be de-aggregated.

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.)

the DHO or finds the inmate guilty and issues a sanction, the previously de-aggregated SRA and VCCLEA sentences shall be re-aggregated.

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.

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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Page 1 – 78P 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.

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.

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.

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.

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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Page 1 – 78Q (Example: Computation 010 (SRA), disallow 15 days GCT; Computation 020 (VCCLEA), disallow 15 days GCT, Computation 030 (PLRA), disallow 15 days GCT).

that has a future DCB.

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.

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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Page 1 – 78R 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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Page 1 – 78S 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.)

but shall not be aggregated with any other sentence because of the statutory differences

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Page 1 – 78T between the manner in which a PLRA sentence must be treated in relationship to other sentences (18 U.S.C. § 3584(c)).

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).

Page 1-78W 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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Page 1-78X 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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Page 1 – 78Y 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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Page 1 – 78Z (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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Page 1 – 78AA 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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Page 1 – 78BB 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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Page 1 – 78CC (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.

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

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

PS 5880.28

CHAPTER II–INSANITY DEFENSE REFORM ACT OF 1984

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

P.S. 5880.28

February 21, 1992 Page 3 – 34

MANUAL SRA SENTENCE COMPUTATION EXAMPLE NO. 14

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
**********************************************************************

**********************************************************************

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
**********************************************************************

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)

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026

About the Authors

Elizabeth Franklin-Best, Esq.

Principal Attorney · Elizabeth Franklin-Best, P.C.

Elizabeth Franklin-Best is the Principal Attorney of Elizabeth Franklin-Best P.C. and a nationally recognized federal criminal defense and appellate attorney with over 20 years of experience. Named to The Best Lawyers in America 2027 in Appellate Practice, Criminal Defense: General Practice and Criminal Defense: White-Collar, and ranked by Chambers USA 2026 for White-Collar Crime and Government Investigations, she is admitted to the U.S. Supreme Court and twelve of the thirteen U.S. Courts of Appeals. She is the author of Reversing Your Criminal Conviction: Develop Your Winning Strategy (2023).

Christopher Zoukis, JD, MBA

Managing Director · Elizabeth Franklin-Best, P.C.

Christopher Zoukis, JD, MBA, is the Managing Director of Elizabeth Franklin-Best P.C. and a nationally recognized federal prison authority. He is the author of the Federal Prison Handbook, Directory of Federal Prisons, Prison Education Guide, College for Convicts, and the forthcoming Federal Criminal Defendant’s Handbook. He chairs the Board of the Human Rights Defense Center and is regularly quoted by CNN, The Washington Post, Bloomberg Law, and the Associated Press on federal prison policy.

Sentence Computation Manual(CCCA of 1984)

Section Overview

Program Statement 5800.15 — Correctional Systems Manual (full text)
Program Statement 5880.28 — Sentence Computation Manual (CCCA of 1984) (full text)

Checked against the BOP policy set · 9 September 2026. Superseded statements are marked and retained.

If the Bureau Got It Wrong

Policy is only worth what the remedy process will enforce. A BP-9 is due 20 calendar days after the event it complains of. 28 C.F.R. § 542.14(a)

How to file a BP-9 →

Where a Sentence Can Still Be Challenged

Early Release18 U.S.C. § 3624(c), (g)First Step Act credits, reentry center and home confinement placement.Compassionate Release18 U.S.C. § 3582(c)(1)(A)Filed once the warden has had the request 30 days.Section 2255 Motion28 U.S.C. § 2255(f)One year, from the latest of four dates.Direct AppealFed. R. App. P. 4(b)(1)(A)14 days from entry of judgment.

Who Researches These Pages

Christopher Zoukis, JD, MBA · Managing Director

195 citations and an h-index of 7 on Google Scholar for work on the Bureau of Prisons.
Author, Federal Prison Handbook (2017) and Directory of Federal Prisons (2020).
ABA Journal’s Blawg 100, 2016.

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Program Statement 5880.28 — Sentence Computation Manual (CCCA of 1984) (full text)

3. TABLE OF CHANGES

2. SUMMARY OF CHANGES

a. Updates American Correctional Association Standards

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

3. TABLE OF CHANGES

PS 5880.28

CN 5, 12/31/98

3. TABLE OF CHANGES

3. TABLE OF CHANGES

2. DIRECTIVE RESCINDED

3. SUMMARY OF CHANGES

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

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

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

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

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

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

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

PS 5880.28

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

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

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

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

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

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

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

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

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

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

4. TABLE OF CHANGES

PS 5880.28

2. DIRECTIVES RESCINDED

3. SUMMARY OF CHANGES

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

b. Pages 1 – 12 and 12A. The instructions for a “full day

c. Pages 1 – 14 through 14I. A definition for “Date of

d. Pages 1 – 15 through 16A: The “Official Detention”

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

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

P.S. 5880.28

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

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

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

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

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

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

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

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

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

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

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

4. TABLE OF CHANGES

P.S. 5880.28

2. DIRECTIVES AFFECTED

a. Directives Rescinded. None.

b. Directives Referenced. None.

PS 5880.28

3. STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for

b. American Correctional Association 2nd Edition Standards for

c. American Correctional Association 3rd Edition Standards for

d. American Correctional Association 3rd Edition Standards for

PS 5880.28

CN-7 9/20/99

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

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

f. Release Authority and Release on Other Than a

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

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