The sentencing judge decides how much restitution is owed and on what schedule; the Bureau of Prisons only collects it, through the Inmate Financial Responsibility Program (IFRP). Declining to participate is not a crime and carries no new sentence — but it triggers a list of ten consequences written into federal regulation, from a commissary limit of at least $25 a month against a general limit of $460 a month, to removal from UNICOR, to the lowest housing status in the institution.
That list is reproduced verbatim below, with a pin-cite for every line. Also below: the exact arithmetic the unit team uses to set a payment, the minimum payments for UNICOR and non-UNICOR workers, the six IFRP status codes, and the difference between a dispute the Bureau can fix and one that has to go back to the sentencing court.
Inmate Financial Responsibility Program: the facts
| Governing regulation | 28 C.F.R. §§ 545.10–545.11 — last amended 28 December 1999 |
|---|---|
| Governing policy | Program Statement 5380.08, Financial Responsibility Program, Inmate, dated 15 August 2005; rules effective 27 January 2000 |
| Who it applies to | All sentenced inmates in federal facilities |
| Who is excluded | Study and observation cases, pretrial detainees, and inmates in holdover status pending designation (28 C.F.R. § 545.10) |
| Minimum payment, non-UNICOR and UNICOR grade 5 | $25.00 per quarter (28 C.F.R. § 545.11(b)(1)) |
| Minimum allotment, UNICOR grades 1–4 | Not less than 50% of monthly pay (28 C.F.R. § 545.11(b)(2)) |
| Phone-communication exclusion | $75.00 a month is excluded from the assessment — $450 across the six-month review period (28 C.F.R. § 545.11(b); PS 5380.08 at p. 8) |
| Commissary limit, general population | $460 per month, plus $50 during the November/December holiday period (PS 4500.13 at p. 28) |
| Commissary limit, FRP Refuse | At least $25 per month, excluding stamps, telephone credits and certified Kosher/Halal shelf-stable entrees for common-fare participants (28 C.F.R. § 545.11(d)(6)) |
| Who sets the obligation | The sentencing court (18 U.S.C. § 3664(f)(2)) |
| Who decides what is “commensurate” | The Unit Manager, case by case (PS 5380.08 at p. 8) |
Currency stamp: regulation text read at eCFR (Title 28 current as of 3 September 2026; this subpart shows no changes after 3 January 2017). Program Statements read in full and pin-cited. Verified 7 September 2026. A Program Statement is agency policy, not law — the regulation binds the Bureau; the Program Statement tells staff how to apply it.
On this page
The line that decides every dispute: the court orders, the Bureau collects
Almost every argument about restitution in federal prison comes down to a jurisdictional question, and it is worth getting straight before anything else.
The court sets the obligation. Under the mandatory restitution statute, when sentencing a defendant convicted of a covered offense the court “shall order… that the defendant make restitution to the victim of the offense” (18 U.S.C. § 3663A(a)(1)). Restitution is ordered “in the full amount of each victim’s losses as determined by the court and without consideration of the economic circumstances of the defendant” (18 U.S.C. § 3664(f)(1)(A)). And it is the court — not the Bureau — that “shall… specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid” (§ 3664(f)(2)).
The Bureau collects it. The IFRP is an administrative collection program built on 28 C.F.R. §§ 545.10–545.11 — our summary of the Inmate Financial Responsibility Program policy covers the Program Statement itself. The Bureau does not create the debt, cannot forgive it, and cannot rewrite the judgment.
So the two complaints go to two different places. A complaint that the Bureau is demanding more than the judgment permits, or has mis-entered an obligation, is an administrative matter — the unit team first, then the Administrative Remedy Program. A complaint that the schedule itself is wrong, or that circumstances have changed, is a matter for the sentencing court, which “may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require” on notification of a material change in economic circumstances (18 U.S.C. § 3664(k)).
One more statutory rule families rarely know: if a person obligated to pay restitution or a fine “receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed” (18 U.S.C. § 3664(n)). An inheritance or a personal-injury settlement received while inside is not sheltered.
Applied Insight — Elizabeth Franklin-Best, Esq., Principal Attorney: Where the judgment says restitution is “due immediately” and says nothing more, the Bureau will build a payment plan around it, and an argument that the plan is unlawful because the court delegated its scheduling duty is a real argument — but it is an argument for the sentencing court, briefed on that record, not something a unit manager can resolve. What the record has to show is what the judgment actually said, what the Bureau actually demanded, and how the two differ.
Who the program applies to — and who is excluded
The rule is short and it is in the regulation, not just policy. 28 C.F.R. § 545.10 provides:
“The Bureau of Prisons encourages each sentenced inmate to meet his or her legitimate financial obligations. As part of the initial classification process, staff will assist the inmate in developing a financial plan for meeting those obligations, and at subsequent program reviews, staff shall consider the inmate’s efforts to fulfill those obligations as indicative of that individual’s acceptance and demonstrated level of responsibility. The provisions of this rule apply to all inmates in federal facilities, except: Study and observation cases, pretrial detainees, and inmates in holdover status pending designation.”
Two practical notes on the edges of that rule:
- Holdovers are not exempt from the consequences of an existing refusal. Bureau holdovers housed in Bureau jail facilities who are in IFRP “REFUSE” status “will be held to the same FRP restrictions (e.g. lowest housing, no special purchases, not eligible for community-based programs, etc.), as if they were at the institution designated for them” (PS 5380.08 at p. 3).
- A new inmate with little money can be deferred. The unit team may postpone participation until the first program review where the person has limited financial resources — ordinarily meaning they do not have enough institution earnings or trust fund deposits to make a minimum payment of $25 per quarter (PS 5380.08 at p. 4).
At initial classification, unit staff cross-reference the Judgment and Commitment Order against the sentence computation record — normally within 45 calendar days of arrival if the computation was not finished first — checking the court of jurisdiction, sentencing date, docket number and financial obligations for accuracy (PS 5380.08 at p. 4). That cross-check is where errors get caught, and it is worth asking the unit team whether it was done. Our page on the unit team and program review explains who these staff are.
The priority order: what gets paid first
The financial plan lists obligations “ordinarily to be paid in the priority order as listed” (28 C.F.R. § 545.11(a)).
| Priority | Obligation | Key detail |
|---|---|---|
| 1 | Special assessments imposed under 18 U.S.C. § 3013 | $100 per felony count for an individual (§ 3013(a)(2)(A)). The obligation “ceases five years after the date of the judgment” (§ 3013(c)) |
| 2 | Court-ordered restitution | May be moved ahead of the assessment where there was significant bodily injury, significant loss or destruction of property, or where the court, U.S. Attorney’s Office or another law enforcement agency requests it (PS 5380.08 at p. 5) |
| 3 | Fines and court costs | See our explainer on BOP fines and costs policy |
| 4 | State or local court obligations | Child support, alimony and similar. Staff must obtain documentation — a court order or judgment, or a letter from a state Child Support Enforcement Unit (PS 5380.08 at p. 6) |
| 5 | Other federal government obligations | Cost of incarceration fees are paid before others in this category; the rest includes judgments in favor of the United States, student loans, VA claims, tax liabilities and FOIA/Privacy Act fees (PS 5380.08 at p. 6). See cost of incarceration fee |
Two wrinkles worth knowing. If the judgment says restitution goes directly to the victim, the payment is still processed through the Bureau’s IFRP module and Financial Litigation staff distribute the funds (PS 5380.08 at p. 5) — so a family cannot short-circuit the system by paying a victim directly and expecting credit. And where a court assesses interest, staff enter the total interest as a separate obligation only after the principal has been paid in full (PS 5380.08 at p. 7).
How the payment amount is actually calculated
This is the section most families come for, and it is arithmetic, not discretion — until the last step.
The regulation sets the sequence: “In developing an inmate’s financial plan, the unit team shall first subtract from the trust fund account the inmate’s minimum payment schedule for UNICOR or non-UNICOR work assignments… The unit team shall then exclude from its assessment $75.00 a month deposited into the inmate’s trust fund account. This $75.00 is excluded to allow the inmate the opportunity to better maintain telephone communication under the Inmate Telephone System (ITS)” (28 C.F.R. § 545.11(b)).
The Program Statement converts that into a three-step review at each program review (PS 5380.08 at p. 8):
- Determine the total funds deposited into the trust fund account for the previous six months;
- Subtract the IFRP payments made by the inmate during those six months;
- Subtract $450 — that is, $75 × 6 months, the ITS exclusion.
“Any money remaining after the above computation may be considered for IFRP payments, regardless of whether the money is in the inmate’s trust fund or phone credit account.”
A worked example
Assume a person on a non-UNICOR job. Over six months:
| Line | Amount |
|---|---|
| Deposits from family into the trust fund account | $1,800.00 |
| Institution work pay deposited over six months | $150.00 |
| Total deposits, six months | $1,950.00 |
| Less: IFRP payments already made ($25 × 2 quarters) | −$50.00 |
| Less: ITS exclusion, $75 × 6 months | −$450.00 |
| Amount the unit team may consider for IFRP | $1,450.00 |
That $1,450 is not automatically taken. It is the pool the unit team may consider in adjusting the payment plan — and here is where the arithmetic stops:
“The Unit Manager is the determining authority when it comes to deciding whether an inmate’s IFRP payments are commensurate with his/her ability to pay. This decision is solely at the discretion of the Unit Manager and is to be decided on a case-by-case basis. Variations in what is considered a commensurate payment are expected and are appropriate since the determination of commensurate payments is based on individual circumstances.” — PS 5380.08 at p. 8
This is why two people with identical numbers get different payment plans, and it is not an error. It is expressly delegated discretion, exercised institution by institution and unit manager by unit manager.
One trap in the mechanics: money moved from the trust fund account to the phone credit account cannot be moved back, except as provided in the Trust Fund Manual. If a payment plan is adjusted because of a significant amount of incoming funds above the $450 exclusion landing in the phone account, the inmate “is to be encouraged to refrain from additional deposits to the phone credit account to accommodate the new IFRP payments” (PS 5380.08 at pp. 8–9). See inmate phone calls and BOP inmate telephone regulations.
Minimum payments and UNICOR
| Work status | Minimum | Source |
|---|---|---|
| Non-UNICOR and UNICOR grade 5 | $25.00 per quarter. “This minimum payment may exceed $25.00, taking into consideration the inmate’s specific obligations, institution resources, and community resources” | 28 C.F.R. § 545.11(b)(1) |
| UNICOR grades 1 through 4 | “Ordinarily will be expected to allot not less than 50% of their monthly pay.” Anything below 50% must be approved by the Unit Manager; allotments may also exceed 50% | 28 C.F.R. § 545.11(b)(2) |
| UNICOR grades 1–4 earning under $50 a month | Set up as single or quarterly trust fund withdrawals of no less than $25, until the person earns at least $50 monthly; then the plan changes to 50% of pay | PS 5380.08 at pp. 9–10 |
“Monthly pay” includes bonus and vacation pay (PS 5380.08 at p. 9).
The program cuts both ways on UNICOR. Refusing to participate closes the door to UNICOR entirely (see the consequence table). But a large obligation can also open it: the unit team may recommend an inmate for priority placement in UNICOR to help pay a significant obligation, and ordinarily will not do so “unless he or she has obligations totaling at least $1,000 and limited outside resources” (PS 5380.08 at p. 12).
For what these jobs pay and how they are assigned, see prison jobs and inmate work assignments, BOP inmate work and performance pay policy, and our overview of UNICOR in the federal Bureau of Prisons.
How payments are made
Three routes, from PS 5380.08 at pp. 9–10:
Non-institutional (community) payments. A person may use outside resources to satisfy an obligation — ordinarily one-time payments made directly to the party owed, intended to satisfy significant amounts. The receipt rules are strict and this is where families lose credit for money they actually paid. It is the inmate’s responsibility to get staff a receipt, and the receipt “must be furnished prior to the first of the month to ensure that they are credited like all other inmates.” Canceled checks and copies of court receipts are not sufficient — the Program Statement says so expressly, “as they may be altered.” An original receipt is photocopied for the file and the verifying staff member signs and dates the copy. Absent an original, unit staff must confirm the payment with the appropriate law enforcement agency (U.S. Attorney’s Office, U.S. Probation, Clerk of Court).
Institution single payment. Where the total obligation is $100 or less — a special assessment, typically — a single payment should be encouraged. The Program Statement’s own example: an inmate with a $100 felony assessment “will be encouraged to make a one time single payment, provided the inmate has the financial resources to do so” (PS 5380.08 at p. 9).
Repetitive withdrawals from the trust fund account. Monthly or quarterly, indicated by unit staff. Quarterly payments should be requested only from non-UNICOR and UNICOR grade 5 inmates. Quarterly repetitive payments are processed once each quarter during the last month of the quarter — December, March, June and September; a plan received in the first or second month of a quarter is held and processed in the last month (PS 5380.08 at p. 10). That timing explains a common confusion: a payment plan signed in January will not produce a withdrawal until March.
Money reaching the account in the first place is a separate subject with its own rules — funds sent by mail go to a central processing lockbox in Des Moines, Iowa, never to the institution. See how to send money to federal inmates, and the specific routes via MoneyGram and Western Union. Families weighing how much to send should read how much money should I send my incarcerated loved one alongside this page, because deposits drive the IFRP calculation — the six-month look-back counts total funds deposited, not just what the person earned.
The six IFRP status codes
Every sentenced person carries one of these codes in the Bureau’s records, entered no later than initial classification and reviewed at every regularly scheduled program review (PS 5380.08 at pp. 13–16).
| Code | Meaning | What triggers it |
|---|---|---|
| UNASSG | Unassigned | Entered automatically on commitment to federal custody; must be converted at initial classification |
| NO OBLG | No obligation | No documented financial obligation, or none payable while in Bureau custody (e.g. an assessment the judge remitted, plus a fine due only on supervised release). Also used where obligations have expired due to time limitations |
| PART | Participates in program | The person agrees to pay, signs an agreement, and is making payments. On initial commitment, may be assigned pending the first payment — but that payment must be made and confirmed “normally within three months, but no later than six months” |
| REFUSE | Refuses to participate | Entered immediately on a verbal refusal. After initial classification, the unit team has discretion to enter it any time it finds the agreed payments are not being made |
| EXEMPT TMP | Temporarily exempt | Ordinarily medical or psychological restrictions preventing work; also available where the person cannot get UNICOR work or advance beyond maintenance pay for reasons beyond their control (overcrowding, institution need, limited resources). Must be reviewed at each program review |
| COMPLT | Completed the program | All financial obligations ordered payable during incarceration have been satisfied |
When a person is moved into REFUSE status, staff must notify them of the change once it is made, discuss the consequences and that they “will begin immediately,” and document the notification and counseling in the Inmate Activity Record as soon as practicable (PS 5380.08 at pp. 14–15). Each month, no later than five business days before payroll submission, the institution IFRP coordinator produces a roster of everyone in REFUSE status and distributes it to all department heads, the Associate Warden of Programs, and the Performance Pay Coordinator (PS 5380.08 at p. 15).
To come out of REFUSE status, “the inmate must demonstrate a willingness to continue participation in the program” (PS 5380.08 at p. 15). The Program Statement does not set a waiting period for that — with one exception, the six-month UNICOR waiting-list bar in the table below.
What happens if you refuse: the full consequence list
Ten consequences are set by regulation at 28 C.F.R. § 545.11(d), reproduced verbatim below (paragraph (d)(10) is reserved). An eleventh appears only in the Program Statement as implementing instruction — the distinction matters, because a Program Statement can be revised without notice-and-comment rulemaking and a regulation cannot.
The regulation’s stem: “Refusal by an inmate to participate in the financial responsibility program or to comply with the provisions of his financial plan ordinarily shall result in the following:”
| # | Consequence — verbatim regulatory text | Source | What it means day to day |
|---|---|---|---|
| (1) | “Where applicable, the Parole Commission will be notified of the inmate’s failure to participate” | § 545.11(d)(1) | Applies only to the shrinking population of parole-eligible (“old law”) cases |
| (2) | “The inmate will not receive any furlough (other than possibly an emergency or medical furlough)” | § 545.11(d)(2) | The restriction does not apply to medical furloughs, or to “OUT”/”COM” custody inmates transferring to a minimum security institution by unescorted transfer (PS 5380.08 at p. 11). See BOP furlough policy |
| (3) | “The inmate will not receive performance pay above the maintenance pay level, or bonus pay, or vacation pay” | § 545.11(d)(3) | Someone already earning above maintenance pay “is to be reduced to maintenance pay.” Working two details does not help — combined earnings are capped (PS 5380.08 at pp. 12, 15) |
| (4) | “The inmate will not be assigned to any work detail outside the secure perimeter of the facility” | § 545.11(d)(4) | Also bars participation in outside activities such as speaking engagements (PS 5380.08 at p. 12) |
| (5) | “The inmate will not be placed in UNICOR. Any inmate assigned to UNICOR who fails to make adequate progress on his/her financial plan will be removed from UNICOR, and once removed, may not be placed on a UNICOR waiting list for six months. Any exceptions to this require approval of the Warden” | § 545.11(d)(5) | The highest-paying work in the Bureau, closed for six months. Note the circularity: refusing removes the best means of paying |
| (6) | “The inmate shall be subject to a monthly commissary spending limitation more stringent than the monthly commissary spending limitation set for all inmates. This more stringent commissary spending limitation for IFRP refusees shall be at least $25 per month, excluding purchases of stamps, telephone credits, and, if the inmate is a common fare participant, Kosher/Halal certified shelf-stable entrees to the extent that such purchases are allowable under pertinent Bureau regulations” | § 545.11(d)(6) | Against a general limit of $460 per month (PS 4500.13 at p. 28). Staff will not approve special purchase orders for anyone in REFUSE status, except Kosher/Halal shelf-stable entrees for verified common fare participants (PS 5380.08 at pp. 12–13; PS 4500.13 at p. 40) |
| (7) | “The inmate will be quartered in the lowest housing status (dormitory, double bunking, etc.)” | § 545.11(d)(7) | See inmate housing in the Bureau of Prisons |
| (8) | “The inmate will not be placed in a community-based program” | § 545.11(d)(8) | Reaches halfway house and home confinement — the final period of up to 12 months of prerelease custody under 18 U.S.C. § 3624(c)(1). IFRP participation is “an important factor” in that decision (PS 5380.08 at p. 13). See federal halfway houses and home confinement |
| (9) | “The inmate will not receive a release gratuity unless approved by the Warden” | § 545.11(d)(9) | Where the need for funds is exceptionally great the unit team may still recommend one (PS 5380.08 at p. 13). See release gratuities, transportation and clothing |
| (10) | “[Reserved]” | § 545.11(d)(10) | Held open for future rule changes (PS 5380.08 at p. 13) |
| (11) | “The inmate will not receive an incentive for participation in residential drug treatment programs” | § 545.11(d)(11) | Incentives are defined as early release, financial awards, maximum community placement consideration, and local institution incentives (PS 5380.08 at p. 13). See the Residential Drug Abuse Program and RDAP early release procedures |
| (12) | “The inmate’s score on ‘Responsibility’ on the Custody Classification form (BP-338), is to be zero” | Program Statement only — PS 5380.08 at p. 13. Not in the regulation | Feeds directly into custody scoring and therefore into security level and transfer eligibility. See inmate security designation and custody classification |
Read the whole list at once and the design is obvious: refusing IFRP touches pay, work, housing, programming, community placement and release money simultaneously. Nothing on the list is a criminal penalty, and nothing on it adds a day to a sentence — but item (11) can affect eligibility for an incentive that would have shortened one, and items (5), (8) and (12) compound over years.
Note also the word “ordinarily” in the stem. The regulation does not say these consequences are automatic in every case.
Where the money in the account comes from — and what it means for the calculation
The IFRP calculation runs on deposits, not earnings. That is the single most important thing for a family to understand before sending money.
The six-month review counts “the total funds deposited into the inmate’s trust fund account for the previous six months” (PS 5380.08 at p. 8) — money from home included. A generous month from a relative can raise a payment plan; the $75-per-month phone exclusion ($450 over six months) is the only automatic buffer.
The account mechanics themselves belong to a companion page: how to send money to federal inmates covers the lockbox, the deposit routes, timing and limits. For what the money is actually spent on inside, see inmate canteen and commissary items and our summary of the Trust Fund and commissary policy. If the person inside is receiving nothing from outside, see BOP policy on inmate contributions.
When the obligation ends
Three different clocks run, and they do not run together.
| Obligation | When liability ends | Source |
|---|---|---|
| Special assessment | “The obligation to pay an assessment ceases five years after the date of the judgment,” and that applies to all assessments regardless of when imposed | 18 U.S.C. § 3013(c) |
| Fine | “The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined” | 18 U.S.C. § 3613(b) |
| Restitution | “The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution.” Death does not end it: “In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount” | 18 U.S.C. § 3613(b) |
Two cautions on that table.
The Program Statement’s summary of the restitution clock is narrower than the current statute. PS 5380.08 at p. 6 says a defendant’s obligation to pay restitution “ceases 20 years after the inmate’s release from incarceration for inmates convicted on or after April 24, 1996.” The statute as it now reads sets the endpoint at the later of 20 years from entry of judgment or 20 years after release — and adds the estate-liability provision the 2005 Program Statement does not mention. Where a Program Statement and a statute diverge, the statute controls.
A restitution lien is separate from the payment obligation. An order of restitution “is a lien in favor of the United States on all property and rights to property of the person fined as if the liability… were a liability for a tax,” arising on entry of judgment and continuing for 20 years or until the liability is satisfied, remitted, set aside or terminated (18 U.S.C. § 3613(c)). The Bureau’s collection program has nothing to do with that lien.
Do not calculate your own end date from this table. The dates turn on the judgment, the date of conviction, and the release date, and getting them wrong has consequences. Bring the judgment to a lawyer.
Appeals, resentencing, and modified orders
An appeal does not stop collection. The Program Statement is explicit: its provisions “apply regardless of whether an inmate is appealing his or her sentence, unless the court orders a ‘stay of collection’ pending the appeal” (PS 5380.08 at p. 16).
Nor does a modified sentence automatically wipe out the money. “When an inmate’s sentence of imprisonment is modified or corrected, absent any statement to the contrary in the new sentencing order, any prior court-ordered financial obligation(s) remain in effect and should be collected” (PS 5380.08 at p. 16). That matters in every sentence-reduction context — if an order reducing a sentence is silent on restitution, the restitution survives. If there is a change in the modified order affecting financial obligations, unit staff update the financial plan.
Statutorily, a sentence imposing restitution “is a final judgment” notwithstanding that it may later be corrected, appealed and modified, amended, or adjusted under § 3664(k), § 3572 or § 3613A (18 U.S.C. § 3664(o)).
If a sentence or a restitution order is being challenged, that is legal work, not administrative advocacy: see federal criminal appeals, § 2255 motions, sentence mitigation and compassionate release.
One statutory obligation runs the other way, and it can catch people out at the end of a sentence: a person with a term of supervised release and an unpaid fine relating to the offense of conviction must agree to an installment schedule for the remaining balance while under supervision, and “any inmate who refuses to comply with 18 U.S.C. § 3624(e) must remain in Bureau custody.” The agreement (form BP-S864.053) is signed and witnessed no later than 60 days before release (PS 5380.08 at p. 7). Note the narrow scope: that form is for unpaid fines only, not for assessments, costs, restitution or committed fines.
What changed — and what conspicuously did not
The Bureau reissued 23 Program Statements effective 22 June 2026 and a further group on 7 May 2026, including the Trust Fund/Deposit Fund Manual (PS 4500.13, replacing PS 4500.12 CN-1 of 6 March 2025) and the Receiving and Discharge Manual (PS 5800.19).
The IFRP policy was not among them. Program Statement 5380.08 remains in force with its original date of 15 August 2005, and the regulation behind it — 28 C.F.R. §§ 545.10–545.11 — was last amended on 28 December 1999. The eCFR records no change to this subpart after 3 January 2017. Every dollar figure in the regulation is therefore a 1990s number that has never been indexed: the $25-per-quarter minimum, the $75 monthly phone exclusion and the $25 commissary floor for refusers have all been static for more than a quarter-century.
What has moved is the number on the other side of that comparison. The general commissary spending limitation is now $460 per month, with a $50 increase during the November/December holiday period (PS 4500.13 at p. 28, effective 7 May 2026). So the gap between what an ordinary inmate may spend and what someone in FRP Refuse status may spend has widened substantially over time without anyone amending the refusal rule.
One further detail from the current Trust Fund Manual: people in IFRP refuse status “and/or on maintenance pay status… may not work in the Trust Fund operation” — that is, they cannot hold a commissary job (PS 4500.13 at p. 24). That restriction is not in the § 545.11(d) list, and most summaries miss it.
Where people get stuck with IFRP payment schedules
“They took money I sent for the phone.” The $75-a-month exclusion is per month deposited, and only $450 across a six-month review period. Deposits above that are in the pool the unit team may consider (PS 5380.08 at p. 8).
“We paid the victim directly and got no credit.” Payments made from community resources require an original receipt furnished before the first of the month; canceled checks and photocopied court receipts are expressly insufficient (PS 5380.08 at p. 10).
“The payment plan doubled after a good month.” That is the six-month look-back working as designed, plus Unit Manager discretion. Ask for the calculation in writing at the next program review; the Program Review Report is required to show the balance owed, the current plan, total deposits for the previous six months, and whether the plan is increasing, decreasing or staying the same (PS 5380.08 at p. 11). See BOP progress reports.
“The obligation in the system doesn’t match the judgment.” That is exactly what the initial cross-check is for, and it is fixable administratively. Start with a BP-A0148 Inmate Request to Staff to the unit team, then the Administrative Remedy Program if it is not corrected. Our page on prison grievances walks through the levels, and the record itself lives in the inmate central file.
“He’s medically unable to work and they still want payments.” EXEMPT TMP exists for exactly that, but it is discretionary, must be reviewed at each program review, and staff must first consider whether community resources are available (PS 5380.08 at pp. 15–16).
“Rules seem different at his institution.” They can be, within limits. Every institution must issue an Institution Supplement designating an IFRP coordinator, outlining UNICOR priority placement, explaining local monitoring procedures, and specifying the date each month the Refuse roster is accessed (PS 5380.08 at p. 16). Ask for the supplement.
Getting help with an IFRP problem
Most IFRP problems are records problems, and records problems are fixable. An obligation entered wrong at initial classification, a payment made from outside that never got credited, a plan set without the required six-month calculation, an EXEMPT TMP status that should have been continued — those move through the unit team and the administrative remedy process, with documentation.
Some are not. Where the judgment itself delegated the payment schedule, where the amount is wrong, or where circumstances have materially changed, the forum is the sentencing court and the work is legal work.
Elizabeth Franklin-Best, P.C. is a boutique federal criminal defense and appellate firm founded in 2019, with a national federal practice run on an intentionally small caseload. Elizabeth Franklin-Best has more than 20 years of federal and appellate criminal defense experience, is admitted to the U.S. Supreme Court and twelve of the thirteen U.S. Courts of Appeals, and has handled more than 330 federal proceedings, over 100 of them appeals. Christopher Zoukis, JD, MBA, leads the firm’s federal prison consulting practice — designation, sentence computation, disciplinary and financial-program advocacy, First Step Act time credits, RDAP, and reentry planning.
To discuss an IFRP dispute or a restitution order, contact the firm at (843) 620-1100. For background on how the underlying obligation was calculated at sentencing, see our federal sentencing guidelines overview; to find the person’s register number, see how federal register numbers work.
Frequently Asked Questions About Restitution and the IFRP
What is BOP Program Statement 5380.08?
It is the Bureau of Prisons’ policy document governing the Inmate Financial Responsibility Program, titled Financial Responsibility Program, Inmate, dated 15 August 2005, with rules effective 27 January 2000. It implements 28 C.F.R. §§ 545.10–545.11 and sets out the payment schedule, the minimum payments, the six status codes and the consequences of refusal; our Inmate Financial Responsibility Program policy page summarizes it. It is agency policy rather than law: the regulation binds the Bureau, and the Program Statement tells staff how to apply it. The full text is at bop.gov.
Can you go to jail for not paying restitution while in federal prison?
Refusing to participate in the IFRP is not a crime and does not add time to a sentence. What it does trigger is the eleven-item list of administrative consequences at 28 C.F.R. § 545.11(d) — no furlough, no pay above maintenance level, no UNICOR, a commissary limit of at least $25 a month, lowest housing status, no community-based program, no release gratuity, and no incentive for residential drug treatment — plus a zero “Responsibility” score on the custody classification form under PS 5380.08 at p. 13. Separately, an unpaid fine attached to a term of supervised release carries its own statutory rule: a person who refuses to sign an installment agreement under 18 U.S.C. § 3624(e) “must remain in Bureau custody.”
Are all deposits subject to restitution collection?
Not all of them, but more than families expect. The unit team counts total funds deposited into the trust fund account over the previous six months — money from outside included — then subtracts IFRP payments already made and subtracts $450, being the $75-a-month phone-communication exclusion across six months (PS 5380.08 at p. 8). Anything left “may be considered for IFRP payments, regardless of whether the money is in the inmate’s trust fund or phone credit account.” The final amount is set by the Unit Manager, whose determination of what is “commensurate” is expressly discretionary and decided case by case.
How much is the minimum IFRP payment?
For non-UNICOR workers and UNICOR grade 5, the minimum is $25.00 per quarter, and it “may exceed $25.00” depending on the person’s obligations and institution and community resources (28 C.F.R. § 545.11(b)(1)). For UNICOR grades 1 through 4 the expectation is not less than 50% of monthly pay, including bonus and vacation pay; anything less requires Unit Manager approval (§ 545.11(b)(2); PS 5380.08 at p. 9).
How much can someone on FRP Refuse spend at commissary?
The regulation sets a floor rather than a cap: the more stringent limitation for IFRP refusers “shall be at least $25 per month,” excluding stamps, telephone credits, and certified Kosher/Halal shelf-stable entrees for common-fare participants (28 C.F.R. § 545.11(d)(6)). The general population limit is $460 per month, increased by $50 during the November/December holiday period (PS 4500.13 at p. 28). Staff will also not approve special purchase orders for someone in REFUSE status, apart from the Kosher/Halal exception (PS 5380.08 at pp. 12–13).
Can you pay to get someone released from federal prison early?
No. Paying restitution, a fine or an assessment in full does not shorten a federal sentence, and there is no mechanism to buy release. What financial participation can affect is eligibility for things that might: refusing the IFRP means no incentive for residential drug treatment, which includes early release consideration, and no placement in a community-based program (28 C.F.R. § 545.11(d)(8), (11)). Those are eligibility gates, not purchases, and whether anyone qualifies is a determination the Bureau makes on the individual record.
How does an IFRP payment actually leave the account?
Through repetitive withdrawals from the trust fund account, set as monthly or quarterly by unit staff. Quarterly repetitive payments should be requested only from non-UNICOR and UNICOR grade 5 inmates, and are processed once each quarter during the last month of the quarter — December, March, June and September; a plan received earlier in a quarter is held until that month (PS 5380.08 at p. 10). Where the total obligation is $100 or less, a single payment is encouraged instead.
When does a federal restitution obligation expire?
Liability to pay restitution terminates “on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution,” and death does not end it — the estate is held responsible for any unpaid balance (18 U.S.C. § 3613(b)). A fine, by contrast, terminates on the same 20-year measure or on death. A special assessment ceases five years after the date of judgment (18 U.S.C. § 3013(c)). Note that PS 5380.08 at p. 6 states the restitution rule more narrowly than the current statute; the statute controls.
Can the BOP change the payment schedule the judge set?
The Bureau administers collection; it does not amend the judgment. The court “shall… specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid” (18 U.S.C. § 3664(f)(2)), and only the court may “adjust the payment schedule, or require immediate payment in full” on notice of a material change in economic circumstances (§ 3664(k)). A dispute about what the Bureau is demanding is an administrative matter for the unit team and the Administrative Remedy Program; a dispute about the schedule itself goes back to the sentencing court.
Does an appeal stop IFRP collection?
No, unless the court says so. Collection continues “regardless of whether an inmate is appealing his or her sentence, unless the court orders a ‘stay of collection’ pending the appeal” (PS 5380.08 at p. 16). And if a sentence is later modified or corrected, prior financial obligations “remain in effect and should be collected” unless the new order says otherwise — so an order reducing a sentence that is silent about restitution leaves the restitution standing.
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026