Release Gratuities, Transportation, and Clothing (Program Statement 5873.06)

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

Field	Value
Program Statement	5873.06
Subject	Release Gratuities, Transportation, and Clothing
Effective / current edition	08-06-2003. The Program Statement’s own header adds “Rules Effective Date: 6/9/03 & 7/9/03” — PS 5873.06 at p. 1
Change notices	None. BOP’s published policy list carries 5873.06 with no change notice; the posted file is 5873_006.pdf.
Supersedes	PS 5873.05, Release Gratuities, Transportation and Clothing (9/4/96), rescinded — PS 5873.06 at p. 3
Governing statute	For offenses on or after November 1, 1987: 18 U.S.C. § 3624(d). For earlier offenses: 18 U.S.C. § 4281, repealed prospectively by Pub. L. 98–473. Pretrial and probation releases: 18 U.S.C. § 4282, 18 U.S.C. § 3604, 18 U.S.C. § 4283. See PS 5873.06 at pp. 2, 6
28 C.F.R. anchor	Rules cited: 28 C.F.R. §§ 571.20, 571.21 and 571.22 — PS 5873.06 at p. 3. The IFRP consequence is separately codified at 28 C.F.R. § 545.11(d)(9)
Related BP forms	BP-S379.058, Certificate Entitling Prisoner to Gratuities (PS 5873.06 at p. 5). Release-day processing runs on BP-A0392, Release Authorization — PS 5800.19 at pp. 26, 28
Official PDF	bop.gov/policy/progstat/5873_006.pdf

Checked against the BOP policy set · 2026-09-06. (Our verification methodology page is in production; until it is live, every source on this page is linked inline.)

When someone leaves federal prison at the end of a sentence, the Bureau of Prisons has to send them out in clothes and get them to a destination, and it may — at its discretion, based on need — hand them some money. Program Statement 5873.06 is the Bureau’s internal instruction to staff for applying those three obligations, and the most important thing to understand about it is that the three are not the same: clothing and transportation are mandatory under the statute, while the money is discretionary and can lawfully be zero.

This page cannot tell you what any particular person will receive, and it cannot tell you a release date. The amount of a gratuity is a case-by-case judgment made by unit staff, the Case Management Coordinator, and the Warden. The release date itself is computed by the Bureau’s Designation and Sentence Computation Center under the Sentence Computation Manual (PS 5880.28), and what happens when that date lands on a weekend or a holiday is covered on our page on Release of Inmates Prior to a Weekend or Legal Holiday (PS 5140.36). Our plain-language companion page, Release Preparation, is in production; until it publishes, the closest live pages are The Release Plan and Release Preparation Program (PS 5325.09).

The rule itself: release gratuities

Everything in this section is transcribed from the Bureau’s own text at bop.gov/policy/progstat/5873_006.pdf. The Program Statement prints regulation in bracketed bold and its own implementing instruction in regular type — it says so at p. 1, on two separate lines: “[Bracketed Bold – Rules]” and “Regular Type – Implementing Information”. Every bracketed passage below is the codified text of 28 C.F.R. §§ 571.20 through 571.22, and we have checked each one against eCFR.

The money

These are the figures people come looking for. Each is transcribed exactly as the Bureau wrote it.

What	The Bureau’s own words	Pin-cite
Discretionary gratuity — offense before November 1, 1987	“Inmates whose offenses were committed prior to November 1, 1987, may be authorized a gratuity not to exceed $100 (18 U.S.C. § 4281).”	PS 5873.06 at p. 2
Discretionary gratuity — offense on or after November 1, 1987	“Inmates whose offenses were committed on or after November 1, 1987, may be authorized a discretionary gratuity of up to $500, based upon the inmate’s needs and financial resources (18 U.S.C. § 3624(d)).”	PS 5873.06 at p. 2
Approval level — up to $250	“Unit staff may recommend, with the Case Management Coordinator’s approval, a release gratuity up to $250.”	PS 5873.06 at p. 2
Approval level — above $250	“When unit staff believe that a gratuity in excess of $250 is warranted, the Warden’s approval is required.”	PS 5873.06 at p. 2
Non-citizen released to immigration authorities	“Staff will ensure that each alien released to immigration authorities for the purpose of release or transfer to a community corrections center has $10 cash. This provision does not apply to aliens being released for the purpose of deportation, exclusion, or removal, or to aliens detained or serving 60 days or less in contract facilities.” (bracketed — this is 28 C.F.R. § 571.21(e))	PS 5873.06 at p. 5
When no gratuity is owed to a non-citizen	“No gratuity is necessary for an alien who, upon the expiration of sentence, will be transferred to a Bureau-operated immigration detention facility (for example, the Federal Detention Center, Oakdale, Louisiana). Likewise, no gratuity is necessary for an alien who is physically released to an immigration detainer and has $10 or more in personal funds.”	PS 5873.06 at p. 5

Four things about that table are worth saying out loud.

$500 is a ceiling, not an entitlement. The statute is explicit. 18 U.S.C. § 3624(d), verified against the current U.S. Code, provides that on release the Bureau “shall furnish the prisoner with— (1) suitable clothing; (2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and (3) transportation to the place of the prisoner’s conviction, to the prisoner’s bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director.”

The regulation calls it discretionary in so many words. 28 C.F.R. § 571.20, which PS 5873.06 reproduces verbatim at p. 1:

1. [PURPOSE AND SCOPE §571.20. It is the policy of the Bureau of Prisons that an inmate being released to the community will have suitable clothing, transportation to the inmate’s release destination, and some funds to use until he or she begins to receive income. Based on the inmate’s need and financial resources, a discretionary gratuity up to the amount permitted by statute may be granted.]

The Bureau tells its own staff the money is a supplement, not a stake. PS 5873.06 at p. 2: “A release gratuity cannot provide for an inmate’s entire release needs and is only intended to supplement other resources that may be available. Sound correctional judgement should be applied to the need and approval of a gratuity. By planning well for the use of release gratuity funds, this will help assure that funds are available for those inmates who truly need financial assistance and for whom such resources are not otherwise available.”

The $100 old-law figure rests on a repealed statute. 18 U.S.C. § 4281 was repealed by Pub. L. 98–473, title II, § 218(a)(7), with the repeal “effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal.” It therefore still governs pre-November-1987 offense conduct through the savings clause, and it no longer appears as live text in the U.S. Code.

How the amount is actually decided — the seven factors

This is the operative decision list, and it is the part of the policy most worth quoting in a written request. PS 5873.06 at p. 4, transcribed verbatim (the Bureau’s bullet character is !):

The following factors are to be considered in making a decision regarding a gratuity for a sentenced federal inmate:

– Institution resources (for example: Veterans Benefits, Performance Pay, or bank savings); – The inmate’s trust fund balance and phone credit balance, if applicable, as both sources of funds are made available to the inmate upon release; – Community resources (for example: CCC, family, employment, or other public and private assistance programs); – Immediate release needs such as transportation, clothes, union initiation fees or dues, etc.; – Available resources of the institution; – IFRP participation (Ordinarily, an inmate’s refusal to participate results in the inmate not receiving a release gratuity unless one is approved specifically by the Warden. When a non-participating inmate’s need for funds is exceptionally great, the unit team may recommend to the Warden that a gratuity be given); and – Inmate spending habits.

The sixth factor is the one that quietly decides most cases, and unlike the rest of the list it is binding regulation rather than internal instruction. 28 C.F.R. § 545.11(d), the Inmate Financial Responsibility Program rule, sets out what “[r]efusal by an inmate to participate in the financial responsibility program or to comply with the provisions of his financial plan ordinarily shall result in,” and item (9) on that list reads: “The inmate will not receive a release gratuity unless approved by the Warden.” That is a regulation, not a policy preference. Anyone who has refused IFRP, or who has fallen out of compliance with a payment plan, should expect the gratuity question to turn on that fact — see Inmate Financial Responsibility Program (PS 5380.08) and our plain-language page on inmate restitution and the IFRP.

The seventh factor — “[i]nmate spending habits” — is the least defined and the most frequently invoked. Commissary spending is fully visible to staff through the trust fund system, and a person who has spent heavily is likelier to be told that their release needs are already met. See Trust Fund / Deposit Fund Manual (PS 4500.13).

Clothing

PS 5873.06 at pp. 5–6, bracketed — this is 28 C.F.R. § 571.22(a)–(b):

8. [RELEASE CLOTHING AND TRANSPORTATION §571.22

a. Staff shall provide release clothing appropriate for the time of year and the inmate’s geographical destination. Upon request, work clothing will be provided. Nonavailability of work clothing may limit this practice.

b. Inmates transferring to a community corrections center will be provided adequate clothing to complete a job search and perform work. Additionally, an outer garment, seasonably suited for the geographical destination will be provided.]

Then the Bureau’s own instruction, same passage: “When an inmate chooses to have release clothing mailed or brought to the institution from sources in the community, the inmate or the inmate’s family will bear the costs associated with this expense (i.e. – clothing costs, mailing costs, etc.)” (PS 5873.06 at p. 6). And at the very end of the document, p. 6: “Ordinarily, the Bureau provides an inmate with adequate clothing upon release, unless clothing worn at the time of commitment is available and suitable for re-issuance.”

The current Receiving and Discharge Manual confirms the practice is still live and adds the operational detail: “Inmates are authorized to have release clothing mailed to the institution in preparation for their release. . . . For inmates who do not have release clothing, Correctional Systems staff will provide release clothing appropriate for the time of year and the inmate’s geographical destination” (PS 5800.19 at p. 27). It also directs that the institution track it: “Correctional Systems staff will use a tracking system to log and ensure accountability of release clothing is maintained. . . . Bureau issued release clothing will be inventoried quarterly.”

Transportation — who pays for the bus ticket

PS 5873.06 at p. 6, bracketed — 28 C.F.R. § 571.22(c):

[c. Transportation will be provided to an inmate’s place of conviction, or to his/her legal residence within the United States or its territories.]

If an inmate chooses to use transportation other than what the Bureau provides, the inmate or the inmate’s family must pay the entire transportation cost; the Bureau will absorb no part of that cost.

That second sentence is the answer to the question families ask most often. The Bureau’s obligation is to provide transportation to one of the destinations the statute names — the place of conviction, a bona fide residence in the United States, or another authorized U.S. location. It is not an obligation to reimburse a plane ticket the family bought, and it is not an obligation to hand over cash equal to the fare. If the family wants a different route, a different mode, or a different destination, the family pays for all of it.

The special cases

Situation	The rule, transcribed verbatim	Pin-cite
Held in a county jail or private facility	“[b. A federal prisoner boarded in a non-federal facility is eligible for a release gratuity. The director of the non-federal facility housing federal inmates or the community corrections manager shall determine the amount of release gratuity in accordance with the purpose and scope of this regulation for federal inmates housed in non-federal facilities.]” — with funds coming either from the U.S. Marshals Service “out of the Support of Prisoners budget with reimbursement by the Bureau” or “in accordance with the contract provisions with the non-federal facility”	PS 5873.06 at pp. 4–5
Moving to a halfway house	“[c. An inmate who is without personal funds may receive a gratuity when transferred to a community corrections center. The amount shall enable the inmate to care for needs in transit and allow for the purchase of necessary personal items upon arrival.]”	PS 5873.06 at p. 5
Leaving on a detainer	“[d. Staff shall provide the inmate released to a detainer with information on how to apply for a gratuity if released prior to expiration of the federal sentence.]” Staff complete section 1 of the Certificate Entitling Prisoner to Gratuities (BP-S379.058) and give the partly completed form to the person, who completes section 2; on completing the state sentence, “the detaining authority is to complete section 3 and then mail the completed form to the federal institution from which the inmate was released.” Expressly “not applicable to supervised release cases.”	PS 5873.06 at p. 5
In holdover status	“This Program Statement does not apply to holdover inmates. However, if an inmate is released while in holdover status, the writ institution and the parent institution should coordinate their efforts to ensure that all release paperwork, including a decision on appropriate gratuity, is prepared.”	PS 5873.06 at p. 3
Charges dismissed — never convicted	“The court may direct the USMS to provide persons arrested but not indicted, or indicted but not convicted, with transportation and subsistence to the place of arrest, or, at his or her election, to the place of his or her bona fide residence if such cost is not greater than to the place of arrest (refer to 18 U.S.C. § 4282 for further information).”	PS 5873.06 at p. 6
Released to probation	“The court may direct the USMS to furnish a prisoner on probation with transportation to the place to which the prisoner is required to proceed under the terms of his or her probation. The court may also direct the USMS to furnish the prisoner with an amount of money for subsistence to his or her destination (refer to 18 U.S.C. § 3604 for offenses committed on or after November 1, 1987, and 18 U.S.C. § 4283 for offenses committed prior to November 1, 1987).”	PS 5873.06 at p. 6

The two pretrial provisions are worth reading carefully, because they answer a question nobody else on the internet answers correctly: for a person who was detained and then never convicted, the money and the ride come from the U.S. Marshals Service at the court’s direction, not from the Bureau of Prisons. 18 U.S.C. § 4282 provides that on release “the court in its discretion may direct the United States marshal for the district wherein he is released, pursuant to regulations promulgated by the Attorney General, to furnish the person so released with transportation and subsistence to the place of his arrest, or, at his election, to the place of his bona fide residence if such cost is not greater than to the place of arrest.” 18 U.S.C. § 3604 does the same for probationers, adding “money, not to exceed such amount as the Attorney General may prescribe, for subsistence expenses while traveling to his destination.” Both are discretionary with the court. If it matters, defense counsel should ask for it on the record.

What the Bureau says it is trying to achieve

PS 5873.06 at p. 2:

3. PROGRAM OBJECTIVES. The expected results of this program are:

a. Each sentenced inmate released from a Bureau institution will be provided clothing, transportation to the release destination, and appropriate funds based upon the inmate’s release needs and budgetary and statutory limitations.

b. Sentenced inmates being released to detainers will be provided a sufficient amount of funds to assist with their immediate release needs.

Mandatory, discretionary, and the line between them

This is the single most useful thing on the page, because it tells you which complaint is worth making.

Look again at the verbs in 18 U.S.C. § 3624(d). The Bureau “shall furnish” all three items. But subsection (d)(2), the money, carries its own escape hatch — “unless the Director determines that the financial position of the offender is such that no sum should be furnished.” Subsections (d)(1) and (d)(3), clothing and transportation, carry no such clause. The regulations track the same split: § 571.20 calls the funds “a discretionary gratuity,” while § 571.22 says flatly that staff “shall provide release clothing” and that “[t]ransportation will be provided.”

The courts have drawn exactly that line. In Powers v. Federal Bureau of Prisons, No. 1:23-cv-00173 (D.N.H. June 29, 2023), the court dismissed the gratuity claim and let the transportation claim proceed, reasoning:

Based on the language of the statute and regulations, as well as cases interpreting both, Mr. Powers has no right to the statutory maximum amount, nor any gratuity at all. . . . The statute leaves the amount of the gratuity to be “determined by the Director to be consistent with the needs of the offender and the public interest.” . . . Likewise, the BOP regulation implementing the statute refers to the “funds” as “a discretionary gratuity.”

And on the other side of the line: “Unlike § 3624(d)(2), concerning gratuities, there is no language in this subsection or the relevant regulation that permits a complete denial of transportation.” The court allowed a claim to proceed on an allegation that the person was “completely denied transportation or reimbursement.”

The gratuity holding is not an outlier. In Smith v. United States, No. 4:10-cv-00047 (W.D. Ky. July 7, 2011), the court held simply: “The Court finds that Plaintiff had no right to a release gratuity.” Smith also disposed of the reimbursement theory in one sentence worth memorizing before anyone files anything: “[I]t is clear from the statute that he was only entitled to transportation, not to bus fare. And, as his complaint made clear, he was driven to Ashland, Kentucky, and dropped off at his relative’s house. He was provided transportation, not simply let out the prison’s front door and left to his own devices.”

So the practical map is:

• “They gave me nothing / less than $500.” That is a discretionary decision. It is reviewable inside the Bureau through the administrative remedy process, but it is not a promising claim in court.
• “They gave me no way to get anywhere.” That is different in kind. The statute and § 571.22(c) contain no authority to provide nothing.
• “They sent me out in July clothes in January in Minnesota.” § 571.22(a) directs clothing “appropriate for the time of year and the inmate’s geographical destination.” That is a regulation with a standard in it, and the standard is objective.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: Do the gratuity work eighteen months out, not eighteen days out. The decision is made by the unit team against a written list of factors, and by the time someone is in Receiving and Discharge on release morning the decision has already been made and there is nobody left to ask. At each program review, ask the case manager three things and write down the answers: what my trust fund and phone-credit balances are expected to be at release, whether IFRP status is going to be treated as a bar under 28 C.F.R. § 545.11(d)(9), and who is going to sign — the Case Management Coordinator up to $250, or the Warden above it. Those three answers turn a vague hope into a specific, timely request that names the right decision-maker.

What release gratuities and clothing mean for you

If you are the person inside: start from the money you control

Start from the money you control. PS 5873.06 at p. 1 tells staff that “[p]lanning for release should begin early in an inmate’s confinement, rather than just before release. At initial classification, and at each subsequent program review, the unit team is to review the inmate’s release plans, including his or her financial resources,” and that “each inmate should be encouraged to save funds for release by saving funds (industrial and performance pay and outside receipts) in his or her trust fund account.” That is not filler. Two of the seven decision factors are your trust fund balance and your spending habits — so what you save is simultaneously the money you will actually have and the evidence that you were planning. See Work and Performance Pay (PS 5251.06).

Then handle IFRP deliberately. Refusal or non-compliance triggers 28 C.F.R. § 545.11(d)(9): no release gratuity unless the Warden approves it. The policy leaves a door open — “[w]hen a non-participating inmate’s need for funds is exceptionally great, the unit team may recommend to the Warden that a gratuity be given” (PS 5873.06 at p. 4) — but that is a Warden-level exception you have to ask for, in writing, with facts.

Finally, get the destination right early. Transportation runs to “an inmate’s place of conviction, or to his/her legal residence within the United States or its territories.” If the release address in the file is stale, the ticket will be to the wrong place. Confirm the address the unit team has, and confirm what release documents you will be handed — PS 5325.09 at p. 10 directs that “[t]wo weeks prior to the inmate releasing, Unit Management will provide all original documentation to Correctional Systems who will provide the release identification documents to the inmate upon release.”

If you are the family member: assume you are the transport

Assume you are the transportation and the wardrobe, and be pleasantly surprised if you are not. A release gratuity is capped at $500 by statute, is frequently far less, and can lawfully be nothing at all. It is not intended to cover a first month’s rent, a phone, or a deposit — the Bureau’s own words are that it “cannot provide for an inmate’s entire release needs and is only intended to supplement other resources that may be available.”

Two concrete things you can do. Send release clothes ahead of time. The policy expressly allows clothing to be mailed or brought in, and the Receiving and Discharge Manual confirms institutions accept it — but “the inmate or the inmate’s family will bear the costs” (PS 5873.06 at p. 6), and it has to arrive under the institution’s mail rules, so start weeks early and ask the counselor exactly where to send it and what is allowed. See Inmate Personal Property (PS 5580.10) and Prison Clothes and Bedding. And decide about the ride in advance. If you plan to pick your loved one up rather than accept the Bureau’s transportation, say so early, because once you choose your own transportation “the inmate or the inmate’s family must pay the entire transportation cost; the Bureau will absorb no part of that cost.”

If money in the account is the real issue, the mechanics of getting funds in are on our page on how to send money to federal inmates, and what the Bureau provides to people with no money at all is covered in What Are Indigent Federal Prison Inmates Provided?. Broader orientation: What Families Should Know About Federal Prison.

If you are counsel: release gratuities

Three practical notes. First, the mandatory/discretionary split in § 3624(d) is the whole case. Powers dismissed the gratuity claim and preserved the transportation claim on exactly that reading; Smith granted summary judgment against a gratuity claim outright. Do not build a claim on the number.

Second, for a client who was detained and never convicted, or who is going straight onto probation, the money and the ride are a court decision directed to the U.S. Marshals Service under 18 U.S.C. § 4282 and 18 U.S.C. § 3604 — both discretionary, both requiring a request. That request costs nothing and is routinely omitted.

Third, watch where the money question intersects with the client’s other exposure. The IFRP bar in 28 C.F.R. § 545.11(d)(9) is one of eleven listed consequences, and a client refusing IFRP over a disputed restitution schedule is trading a release gratuity for that dispute. Where property or funds went missing rather than being withheld, that is a tort claim on an SF-95 / BP-A0943 under the Federal Tort Claims Act (PS 1320.07), not a BP-9. Records — trust fund statements, the release paperwork, the gratuity approval — come through the unit team and, failing that, through a FOIA or Privacy Act request.

What changed from PS 5873.05 to 5873.06

PS 5873.06, dated 8/6/2003, rescinded PS 5873.05, Release Gratuities, Transportation and Clothing (9/4/96) (PS 5873.06 at p. 3). Its own Summary of Changes at p. 2 lists exactly two:

– Rules language regarding gratuities for aliens was modified and – Instructions on how to determine the amount of gratuities for inmates were added.

Those two changes are visible in the current C.F.R. The rulemaking that produced them is dated June 9, 2003 — the source notes for § 571.21 read “[56 FR 23480, May 21, 1991, as amended at 68 FR 34300, June 9, 2003]” and for § 571.22 “[56 FR 23480, May 21, 1991, as amended at 68 FR 34302, June 9, 2003],” matching the “Rules Effective Date: 6/9/03 & 7/9/03” line in the Program Statement’s own header. The “[i]nstructions on how to determine the amount” that were “added” are the seven-factor list at p. 4 and the $250/Warden approval split at p. 2 — neither of which appears in the regulation. They exist only in this Program Statement, which is exactly why the page reproduces them.

Nothing substantive has changed in the statute since. The amendment notes for 18 U.S.C. § 3624 record the last change to subsection (d) as a 1994 amendment by Pub. L. 103–322 that “substituted ‘the prisoner’ for ‘him’ . . . and ‘the prisoner’s’ for ‘his'” — a gender-neutrality edit. The $500 ceiling has not been raised. Neither has the $10 figure for a person released to immigration authorities, nor the $250 internal approval threshold.

What has changed is everything around the policy:

Every release-preparation policy it references has been replaced. PS 5873.06 at p. 3 lists five referenced directives. PS 5325.06 Release Preparation Program, Institution (3/4/02) is now PS 5325.09, effective June 22, 2026, which rescinded PS 5325.07 (12/31/2007) and rebuilt the program around a standardized national curriculum, a quarterly Community Resource Day, and enrollment “between 18 and 24 months prior to the inmate’s institution departure date to the community” (PS 5325.09 at p. 8). PS 5380.07 Financial Responsibility Program (1/3/00) is now PS 5380.08. The two community-corrections statements it cites, PS 7300.09 and PS 7310.04, remain under those numbers.

The terminology is obsolete. PS 5873.06 speaks throughout of the “Community Corrections Center (CCC)” and the “community corrections manager.” Those are today the Residential Reentry Center and the Residential Reentry Manager — PS 5325.09 makes the substitution explicit, noting at p. 11 that “‘CCC’ . . . is referring to an RRC,” and lists among its own changes that it “[c]hanges Community Corrections references to Residential Reentry Management (RRM).” See the Residential Reentry Management field offices.

Release identification is now a defined program obligation, and it was not in 2003. PS 5325.09 at p. 10 implements 34 U.S.C. § 60541(b) as revised by the First Step Act of 2018: staff “will make every effort to assist inmates in obtaining identification, including a social security card, driver’s license or other official photo identification, and a birth certificate, prior to release,” with the documents stored in Section 3 of the Central File and handed over at release. A person leaving with a bus ticket and no identification cannot use either one; that gap is now addressed by a different policy than this one.

The Program Statement is still the operative reference for money on release day. This is the currency point that matters most. The Bureau’s newest release-side policy, PS 5800.19, Receiving and Discharge Manual, dated May 7, 2026, states at p. 28 under “Funds”: “The inmate will receive gratuity and personal funds according to Program Statement Release Gratuities, Transportation, and Clothing.” A 2026 policy pointing back to a 2003 one is the Bureau’s own confirmation that PS 5873.06 has not been quietly superseded.

Where people get stuck over release gratuities

Four problems recur. Each has a route, and the route matters more than the complaint.

“I got no gratuity and nobody told me why.” Send an Inmate Request to Staff — form BP-A0148, universally called a “cop-out” — to the case manager, and copy the Case Management Coordinator. Do not ask “why didn’t I get money.” Ask the policy’s own questions: which of the seven factors at PS 5873.06 p. 4 were applied, whether IFRP status was treated as a bar under 28 C.F.R. § 545.11(d)(9), and whether the request was routed to the Warden as required for any amount above $250. Naming the factors and the approval level converts a grievance into a reviewable question. See Request to Staff (PS 5511.08). If that produces nothing, the ladder is BP-9 to the Warden, BP-10 to the Regional Director, BP-11 to the Office of National Inmate Appeals, under 28 C.F.R. part 542, subpart B — see Administrative Remedy Program (PS 1330.18). The window is short: 28 C.F.R. § 542.14(a) sets “20 calendar days following the date on which the basis for the Request occurred,” subject to extension “[w]here the inmate demonstrates a valid reason for delay.” The Bureau publishes BP-A0148 but does not publish the BP-9, BP-10 or BP-11 forms; those come from the unit team. And exhaustion matters if court ever becomes a possibility: under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), no action may be brought about prison conditions until available administrative remedies are exhausted — meaning every level of the internal ladder, completed on time, before filing.

“The ticket goes to the wrong city.” Transportation runs to the place of conviction or a legal residence in the United States or its territories. If the release address on file is a house nobody lives in any more, that is a records problem, not a transportation problem, and it is fixed at the unit team long before release — during the release-plan review that PS 5325.09 at p. 3 directs happen “at initial classification and updated at subsequent program reviews.” Ask to see the release address in the file, in writing. Note also that the destination question is different for someone going to a halfway house first: see Halfway House Placement Procedures (PS 7310.04) and The Release Plan.

“They will not release the gratuity because of a detainer, and now the state has me.” This is the situation PS 5873.06 at p. 5 built a form for. Staff are to complete section 1 of the Certificate Entitling Prisoner to Gratuities (BP-S379.058), the person completes section 2, and on completion of the state sentence the detaining authority completes section 3 and mails it back to the federal institution. Ask for that form before leaving federal custody — nobody will chase it afterward. Note the express carve-out: the certificate procedure is “not applicable to supervised release cases.” Background on the underlying custody question: Detainers and the Interstate Agreement on Detainers (PS 5800.15) and Transfer of a Prisoner to State Custody Prior to Release (PS 5140.44).

“My trust fund money never arrived.” This is not a gratuity problem and should not be filed as one. Funds in a trust fund account and money on a release check are governed by the Trust Fund / Deposit Fund Manual (PS 4500.13), and the Receiving and Discharge Manual treats gratuity and personal funds as one release-day step (PS 5800.19 at p. 28). Where the money is simply gone rather than withheld, the correct track is a tort claim on an SF-95 / BP-A0943 under the Federal Tort Claims Act (PS 1320.07) — a different track from the administrative remedy program, with a different deadline.

Where the underlying problem is release planning, designation, medical care, or a prerelease-custody decision, the administrative ladder is necessary but rarely sufficient on its own. Those belong in a consult — see Federal Prison Consulting Services, Federal Prison Early Release, or contact us.

Related BOP policy on release logistics

The paired page. Release Preparation — the plain-language walkthrough of what the last two years of a sentence should look like — is in production and will link back here for the rule. Until it publishes, the closest live pages are Release Preparation Program (PS 5325.09) and The Release Plan.

The policies that decide the money. Inmate Financial Responsibility Program (PS 5380.08) is the one that most often decides whether a gratuity is paid at all, with the plain-language version at inmate restitution. Trust Fund / Deposit Fund Manual (PS 4500.13) governs the account the balance sits in, and Work and Performance Pay (PS 5251.06) governs how it got there.

The policies that decide the day and the destination. Release of Inmates Prior to a Weekend or Legal Holiday (PS 5140.36) for what happens when the date lands on a Saturday. Sentence Computation Manual (PS 5880.28) and the Designation and Sentence Computation Center for how the date is produced. Halfway House Placement Procedures (PS 7310.04), Home Confinement (PS 7320.01), the Community Corrections Manual (PS 7300.09) and the Residential Reentry Management field offices for where a person actually goes.

The mechanics and the records. Receiving and Discharge Manual for release-day processing, Correctional Systems Manual (PS 5800.15) for the systems behind it, Inmate Personal Property (PS 5580.10) for what goes home with you, Administrative Remedy Program for the grievance ladder, Federal Tort Claims Act (PS 1320.07) for lost funds or property, and FOIA and Privacy Act Requests for the paperwork. Further reading on our site: What Are Indigent Federal Prison Inmates Provided?, Prison Clothes and Bedding, How to Send Money to Federal Inmates, and Travel Within the Federal Bureau of Prisons.

Frequently Asked Questions About Release Gratuities

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Program Statement 5873.06 — full text

The full text of Program Statement 5873.06 follows, reproduced from the Bureau’s published PDF exactly as issued — nothing summarized and nothing omitted. Source: bop.gov PDF.

Program Statement U.S. Department of Justice Federal Bureau of Prisons OPI: CPD NUMBER: 5873.06 DATE: 8/6/2003 SUBJECT: Release Gratuities, Transportation, and Clothing Rules Effective Date: 6/9/03 & 7/9/03 1. [PURPOSE AND SCOPE §571.20. It is the policy of the Bureau of Prisons that an inmate being released to the community will have suitable clothing, transportation to the inmate’s release destination, and some funds to use until he or she begins to receive income. Based on the inmate’s need and financial resources, a discretionary gratuity up to the amount permitted by statute may be granted.] This Program Statement applies primarily to sentenced inmates who are being released. Detainees housed in Bureau facilities for other agencies, such as the U.S. Marshals Service (USMS), fall under those agencies’ responsibility, and this Program Statement provides information about those procedures. Planning for release should begin early in an inmate’s confinement, rather than just before release. At initial classification, and at each subsequent program review, the unit team is to review the inmate’s release plans, including his or her financial resources. In addition to meeting any current financial obligations, as might be required by the Inmate Financial Responsibility Program (IFRP), each inmate should be encouraged to save funds for release by saving funds (industrial and performance pay and outside receipts) in his or her trust fund account. General information about potential public and private resources in the community is made available to inmates through the Admission and Orientation and Release Preparation Programs. Release planning usually requires coordination with U.S. Probation Officers, Community Corrections Managers (CCMs), or [Bracketed Bold – Rules] Regular Type – Implementing Information

PS 5873.06

8/6/2003 Page 2 Community Corrections Center (CCC) staff, all of whom may have information about specific community resources available in an inmate’s release community. A release gratuity cannot provide for an inmate’s entire release needs and is only intended to supplement other resources that may be available. Sound correctional judgement should be applied to the need and approval of a gratuity. By planning well for the use of release gratuity funds, this will help assure that funds are available for those inmates who truly need financial assistance and for whom such resources are not otherwise available. ! Inmates whose offenses were committed prior to November 1, 1987, may be authorized a gratuity not to exceed $100 (18 U.S.C. § 4281). ! Inmates whose offenses were committed on or after November 1, 1987, may be authorized a discretionary gratuity of up to $500, based upon the inmate’s needs and financial resources (18 U.S.C. § 3624(d)). Unit staff may recommend, with the Case Management Coordinator’s approval, a release gratuity up to $250. When unit staff believe that a gratuity in excess of $250 is warranted, the Warden’s approval is required. 2. SUMMARY OF CHANGES. The following are highlights of this revised Program Statement: ! Rules language regarding gratuities for aliens was modified and ! Instructions on how to determine the amount of gratuities for inmates were added. 3. PROGRAM OBJECTIVES. The expected results of this program are:

a. Each sentenced inmate released from a Bureau institution

will be provided clothing, transportation to the release destination, and appropriate funds based upon the inmate’s release needs and budgetary and statutory limitations.

b. Sentenced inmates being released to detainers will be

provided a sufficient amount of funds to assist with their immediate release needs.

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8/6/2003 Page 3

4. DIRECTIVES AFFECTED

a. Directive Rescinded

PS 5873.05 Release Gratuities, Transportation and Clothing (9/4/96)

b. Directives Referenced

PS 5290.14 Admission and Orientation Program (4/3/03) PS 5325.06 Release Preparation Program, Institution (3/4/02) PS 5380.07 Financial Responsibility Program, Inmate (1/3/00) PS 7300.09 Community Corrections Manual (1/12/98) PS 7310.04 CCC Utilization and Transfer Procedures (12/16/98)

c. Rules cited in this Program Statement are contained in

28 CFR §§ 571.20 through 571.22.

5. STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for

Adult Correctional Institutions: 3-4393

b. American Correctional Association Standards for Adult

Correctional Boot Camp Programs: 1-ABC-4G-15

c. American Correctional Association 3rd Edition Standards for

Adult Local Detention Facilities: 3-ALDF-4G-07

d. American Correctional Association 2nd Edition Standards for

the Administration of Correctional Agencies: None 6. PRETRIAL/HOLDOVER/AND/OR DETAINEE PROCEDURES. Procedures contained in this Program Statement apply to all designated inmates. Procedures specifically for pretrial inmates are contained in Section 9 of this Program Statement. This Program Statement does not apply to holdover inmates. However, if an inmate is released while in holdover status, the writ institution and the parent institution should coordinate their efforts to ensure that all release paperwork, including a decision on appropriate gratuity, is prepared. Procedures for detainees are contained in Section 7.e. of this Program Statement. 7. [PROCEDURES §571.21

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8/6/2003 Page 4

a. An inmate is eligible for a gratuity as determined by the

availability of personal and community resources. Greater consideration may be given to an inmate without funds or community resources.] The following factors are to be considered in making a decision regarding a gratuity for a sentenced federal inmate: ! Institution resources (for example: Veterans Benefits, Performance Pay, or bank savings); ! The inmate’s trust fund balance and phone credit balance, if applicable, as both sources of funds are made available to the inmate upon release; ! Community resources (for example: CCC, family, employment, or other public and private assistance programs); ! Immediate release needs such as transportation, clothes, union initiation fees or dues, etc.; ! Available resources of the institution; ! IFRP participation (Ordinarily, an inmate’s refusal to participate results in the inmate not receiving a release gratuity unless one is approved specifically by the Warden. When a non-participating inmate’s need for funds is exceptionally great, the unit team may recommend to the Warden that a gratuity be given); and ! Inmate spending habits. [b. A federal prisoner boarded in a non-federal facility is eligible for a release gratuity. The director of the non-federal facility housing federal inmates or the community corrections manager shall determine the amount of release gratuity in accordance with the purpose and scope of this regulation for federal inmates housed in non-federal facilities.] ! The USMS will provide release funds for federal inmates boarded in a non-federal facility out of the Support of Prisoners budget with reimbursement by the Bureau or

PS 5873.06

8/6/2003 Page 5 ! The release funds will be provided in accordance with the contract provisions with the non-federal facility. [c. An inmate who is without personal funds may receive a gratuity when transferred to a community corrections center. The amount shall enable the inmate to care for needs in transit and allow for the purchase of necessary personal items upon arrival.]

[d. Staff shall provide the inmate released to a detainer with information on how to apply for a gratuity if released prior to expiration of the federal sentence.] When an inmate is being released via parole or mandatory release to a detainer, staff will complete section 1 of the Certificate Entitling Prisoner to Gratuities (BP-S379.058) and provide the partially completed form to the inmate (not applicable to supervised release cases). The inmate is to complete section 2. The inmate should be advised upon completing his or her state sentence, that the detaining authority is to complete section 3 and then mail the completed form to the federal institution from which the inmate was released. [e. Staff will ensure that each alien released to immigration authorities for the purpose of release or transfer to a community corrections center has $10 cash. This provision does not apply to aliens being released for the purpose of deportation, exclusion, or removal, or to aliens detained or serving 60 days or less in contract facilities.] No gratuity is necessary for an alien who, upon the expiration of sentence, will be transferred to a Bureau-operated immigration detention facility (for example, the Federal Detention Center, Oakdale, Louisiana). Likewise, no gratuity is necessary for an alien who is physically released to an immigration detainer and has $10 or more in personal funds. 8. [RELEASE CLOTHING AND TRANSPORTATION §571.22

a. Staff shall provide release clothing appropriate for the

time of year and the inmate’s geographical destination. Upon request, work clothing will be provided. Nonavailability of work clothing may limit this practice.

b. Inmates transferring to a community corrections center will

be provided adequate clothing to complete a job search and

PS 5873.06

8/6/2003 Page 6 perform work. Additionally, an outer garment, seasonably suited for the geographical destination will be provided.] When an inmate chooses to have release clothing mailed or brought to the institution from sources in the community, the inmate or the inmate’s family will bear the costs associated with this expense (i.e. – clothing costs, mailing costs, etc.). [c. Transportation will be provided to an inmate’s place of conviction, or to his/her legal residence within the United States or its territories.] If an inmate chooses to use transportation other than what the Bureau provides, the inmate or the inmate’s family must pay the entire transportation cost; the Bureau will absorb no part of that cost. 9. PROCEDURES FOR PRETRIAL RELEASEES. The United States Code provides instructions regarding release procedures when a person is arrested but not indicted, indicted but not convicted, or released to probation.

a. Dismissal of Charges. The court may direct the USMS to

provide persons arrested but not indicted, or indicted but not convicted, with transportation and subsistence to the place of arrest, or, at his or her election, to the place of his or her bona fide residence if such cost is not greater than to the place of arrest (refer to 18 U.S.C. § 4282 for further information).

b. Release to Probation. The court may direct the USMS to

furnish a prisoner on probation with transportation to the place to which the prisoner is required to proceed under the terms of his or her probation. The court may also direct the USMS to furnish the prisoner with an amount of money for subsistence to his or her destination (refer to 18 U.S.C. § 3604 for offenses committed on or after November 1, 1987, and 18 U.S.C. § 4283 for offenses committed prior to November 1, 1987). Ordinarily, the Bureau provides an inmate with adequate clothing upon release, unless clothing worn at the time of commitment is available and suitable for re-issuance. /s/ Harley G. Lappin Director

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