Table of Contents
U.S. Department of Justice
Federal Bureau of Prisons
Program Statement
OPI: CPD
NUMBER: 5140.36
DATE: 11/23/2001
SUBJECT: Release of Inmates Prior to a Weekend or Legal Holiday
PURPOSE AND SCOPE §571.30
The Bureau of Prisons may release an inmate whose release date falls on a Saturday, Sunday, or legal holiday, on the last preceding weekday unless it is necessary to detain the inmate for another jurisdiction seeking custody under a detainer, or for any other reason which might indicate that the inmate should not be released until the inmate’s scheduled release date.
For release of District of Columbia inmates, refer to the District of Columbia Sentence Computation Manual.
SUMMARY OF CHANGES
This Program Statement has been revised to provide annual discretionary authority to Wardens to allow an additional Lump Sum Award for “old law” inmates with projected release dates during the period of December 11 through January 2. Previously, an Operations Memorandum was issued annually to convey this discretionary authority to Wardens.
PROGRAM OBJECTIVE
The expected result of this program is: Whenever possible, inmates will be released on the last preceding weekday if their projected release date falls on a weekend or legal holiday.
DIRECTIVES AFFECTED
Directive Rescinded
PS 5140.32 — Release of Inmates Prior to a Weekend or Legal Holiday (10/22/99)
Directives Referenced
PS 5800.07 — Inmate Systems Management Manual (12/24/91)
PS 5880.28 — Sentence Computation Manual (CCCA of 1984)(9/21/92)
PS 5880.30 — Sentence Computation Manual (“Old Law” Pre-CCCA-1984) (7/16/93)
PS 5880.32 — District of Columbia Sentence Computation Manual (1/23/01)
Rules cited in this Program Statement
Contained in 28 CFR 571.30.
Rules referenced in this Program Statement
Contained in 28 CFR 2.2 and 2.29(c).
STANDARDS REFERENCED
American Correctional Association 3rd Edition Standards for Adult Correctional Institutions: 3–4094
American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-1E-03
American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-1E-05
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.
RESPONSIBILITIES
Wardens and Community Corrections Managers must establish a system that allows for routine consideration of an inmate’s weekday release when his or her release date falls on a weekend or legal holiday.
OLD LAW RELEASES
The release authority for inmates convicted of offenses occurring prior to November 1, 1987 is pursuant to 18 U.S.C. §4163. The number of days used under 18 U.S.C. §4163 may not be added to the number of days remaining to be served to release an inmate “as if . . . on parole” (18 U.S.C. §4164) who would otherwise have been released by expiration of sentence.
Similar procedures also apply to inmates released on parole, yet the number of days remaining upon release will be adjusted to reflect the early release (see the Sentence Computation Manual (“Old Law” Pre-CCCA-1984) and 28 CFR 2.29(c)).
An inmate may not be released under the provisions of 18 U.S.C. §4163 on the last preceding weekday if the actual release date falls before the minimum parole eligibility date as defined in 28 CFR 2.2 (e.g., when an inmate’s actual parole eligibility date falls on a Saturday, the inmate may not be released on the preceding Friday).
Each year, at the Warden’s discretion, a Lump Sum Award (LSA) may be granted to achieve an earlier release for those inmates who have a scheduled Expiration or Mandatory Release date falling on December 11 through January 2. Such a grant will be made, provided:
- the individual inmate’s conduct or adjustment supports such an award under the provisions of the Sentence Computation Manual (“Old Law” Pre-CCCA-1984),
- the grant does not exceed the statutory maximum for Extra Good Time (18 U.S.C. §4162), and
- the inmate is not sentenced under the CCCA (see below).
Release on the workday preceding a holiday or weekend does not require the application of the above bulleted guidelines, as 18 U.S.C. §4163, 28 CFR 571.30, and the Sentence Computation Manual (“Old Law” Pre-CCCA-1984) authorize such a release.
NEW LAW RELEASES
The release authority for inmates sentenced under the provisions of the Sentencing Reform Act of the Comprehensive Crime Control Act of 1984 for offenses committed on/or after November 1, 1987 is pursuant to 18 U.S.C. §3624(a).
Any “new law” federal prisoner whose release date falls on a weekend or legal holiday may be released on the last preceding weekday.
When an inmate is released on the last preceding weekday before a Saturday, Sunday, or legal holiday, any term of supervised release is to begin on the day the inmate is actually released from custody and runs concurrently with any Federal, state, or local term of probation or supervised release or parole (18 U.S.C. §3624(e)).
The provisions of this rule apply to all “new law” federal inmates incarcerated in Bureau institutions and contract facilities.
/s/
Kathleen Hawk Sawyer, Director
Published Feb 9, 2025 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Feb 23, 2025 at 8:04 pm