U.S. Department of Justice
Federal Bureau of Prisons

Program
Statement

OPI:
NUMBER:
DATE:
SUBJECT:

CPD
5140.37
1/31/2003
Unescorted Transfers
and Voluntary
Surrenders

1. PURPOSE AND SCOPE §522.30. [When the court orders or
recommends an unescorted commitment to a Bureau of Prisons
institution, the Bureau of Prisons authorizes the commitment and
designates the institution for service of sentence. The Bureau
of Prisons also authorizes furlough transfers of inmates between
Bureau of Prisons institutions or to nonfederal institutions in
appropriate circumstances in accordance with 18 U.S.C. 3622 or
4082, and within the guidelines of the Bureau of Prisons policy
on furloughs, which allows inmates to travel unescorted and to
report voluntarily to an assigned institution.]
a. Title 18 U.S.C. § 4082 applies to inmates whose offense(s)
occurred before November 1, 1987. For inmates whose offense(s)
occurred on or after November 1, 1987, the statutory authority
for furloughs is Title 18 U.S.C. § 3622 which was added by the
Comprehensive Crime Control Act (CCCA).
b. In this Program Statement, unescorted commitments are
referred to as “voluntary surrenders.”
For identification purposes, the Bureau and the U.S. Marshals
Service (USMS) use the Authorized Unescorted Commitments and
Transfers card (BP-385). Instructions for completing the card
are in Attachment A.
2. PROGRAM OBJECTIVES.
are:

The expected results of this program

a. Inmates will be moved between institutions expeditiously
and cost effectively with regard for public safety.
[Bracketed Bold- Rules]
Regular Type - Implementing Information

PS 5140.37
1/31/2003
Page 2
b. Staff will be provided with the appropriate procedures when
an inmate fails to report to a Federal institution, non-federal
contract facility, or Community Corrections Center as a voluntary
surrender or unescorted transfer.
DIRECTIVES AFFECTED

3.

a.

Directive Rescinded
PS 5140.28

b.

Unescorted Transfers and Voluntary Surrenders
(12/9/96)

Directives Referenced
PS 1490.06
PS 5100.07
PS
PS
PS
PS
PS

5280.08
5500.09
5553.06
6000.05
7300.09

Victim and Witness Notification (5/23/02)
Security Designation and Custody
Classification Manual (9/3/99)
Furloughs (2/4/98)
Correctional Services Manual (10/27/97)
Escapes/Deaths Notification (8/23/99)
Health Services Manual (9/15/96)
Community Corrections Manual (1/12/98)

c. Rules cited in this Program Statement are contained in
28 CFR 522.30.
STANDARDS REFERENCED

4.

a. American Correctional Association 3rd Edition Standards for
Adult Correctional Institutions: 3-4093.
b. American Correctional Association 3rd Edition Standards for
Adult Local Detention Facilities: 3-ALDF-1E-02.
c. American Correctional Association 2nd Edition Standards for
Administration of Correctional Agencies: 2-CO-1E-04.
PROCESSING PROCEDURES

5.

a.

Voluntary Surrenders

(1) When a court orders or recommends a voluntary surrender
commitment, the USMS will notify the appropriate Community
Corrections Manager (CCM), who will request designation from the
appropriate Regional Designator.

PS 5140.37
1/31/2003
Page 3
(2) After the designation has been completed, the USMS or
CCM will forward the following material immediately to the
designated institution:
•
•
•
•
•
•

Certified copy of the Judgment and Commitment
Order (J&C);
Authorized Unescorted Commitments and Transfers
card (BP-385) with recent photograph attached;
SENTRY security designation;
Individual Custody and Detention Report (USM-129);
Presentence Investigation Report or pre/post
sentencing report, if available; and
Supervised release violation report, if
applicable.

(3) The institution will execute the J&C order upon
receiving the inmate. The original executed J&C will be returned
to the USMS in accordance with 18 U.S.C. § 3621(c).
b. Unescorted Transfer to a Federal Institution or Non-federal
Contract Facility.
(1) The sending institution’s unit staff will forward the
following documents via certified mail to the receiving
institution at least 14 working days prior to transfer:
•
•
•
•

Original Transfer Order (BP-399);
Authorized Unescorted Commitments and Transfers
card (BP-385) with recent photograph attached;
Medical Summary of Federal Prisoner/Alien in
Transit (BP-659); and
Copy of Furlough Application Approval and Record
(BP-291) which includes the inmate’s travel
schedule.

(2) Unit staff will record in the Inmate’s Central File the
preparation and mailing of these documents and will ensure that
these items are at the receiving institution before the inmate’s
departure.
(3) After the inmate departs the institution, ISM staff
will make telephonic notification to the receiving institution
and document the following in the J&C file:
•
•
•

date and time of contact;
name of staff member contacted; and
name of staff member making contact.

(4) If unable to reach staff, the GroupWise Mail System
(GMS) will be used.

PS 5140.37
1/31/2003
Page 4
(5) All files (J&C, Inmate Central File, Health Care
Record, etc.) will remain at the sending institution until the
receiving institution staff notifies the sending institution or
SENTRY confirms the inmate’s arrival. ISM staff will forward the
files immediately via certified mail.
c. Unescorted Transfer to a Community Corrections Center (CCC)
or Community Based Program.
(1) Sending institution unit staff will send the following
documents by certified mail to the designated CCC at least two
weeks prior to transfer:
•
•
•
•

Authorized Unescorted Commitments and Transfers
card (BP-385), with recent photograph attached;
Copy of Furlough Application Approval and Record
(BP-291), which includes the inmate’s travel
schedule;
Original Transfer Order (BP-399); and
Receipt of facility rules and regulations and
signed subsistence agreement, if applicable.

(2) The unit team will ensure SENTRY drug, parole hearing,
and custody level assignments are accurate.
(3) The sending institution Inmate Systems Manager (ISM)
will monitor SENTRY to confirm the inmate’s arrival at the CCC or
community based program. The CCM will admit the inmate to the
receiving facility in SENTRY on the day of arrival or the next
work day if it occurs after normal business hours. If SENTRY is
inoperable, the ISM must be notified either by GMS or
telephonically.
(4) Within 24 hours of confirmation of the inmate’s arrival
at the CCC or community based program, ISM staff will forward all
required release paperwork, completed insofar as possible by unit
staff and reviewed by the ISM or Assistant ISM for accuracy.
6. FAILURE TO REPORT. If a voluntary surrender or unescorted
transfer fails to report as instructed, the following procedures
apply:
a.

Voluntary Surrenders.

(1) The designated institution ISM will notify the USMS
from the committing district by telephone when a voluntary
surrender fails to arrive on the designated date. This
notification will be made by the end on the workday of the

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1/31/2003
Page 5
scheduled date of arrival and will be documented in the intake
folder. This record will include:
•
•
•

date and time of contact;
name of staff member contacted; and
name of staff member making contact.

(2) Any problem and/or question arising from the inmate,
such as a request for a delay in reporting, must be referred to
the USMS from the committing district and documented as noted
above.
b. Unescorted Transfer to a Federal Institution or Non-federal
Contract Facility. The receiving institution ISM or designee at
contract facility will notify the sending institution ISM of the
inmate’s failure to report as directed. The sending institution
will complete the tasks specified in Section 6.d.
c. Unescorted Transfer to a CCC or Community Based Program.
CCC staff or appropriate official will notify the CCM within 24
hours of an inmate’s failure to arrive as directed. The CCM will
in turn notify the sending institution. The sending institution
will complete the tasks specified in Section 6.d.
d. Sending Institution Responsibilities. If an inmate, on an
unescorted transfer, fails to report as directed, staff of the
sending institution will:
•
•
•
•
•
•

Retain the inmate’s files;
Update SENTRY to indicate the change in release
status from “unescorted transfer” to “escape;”
Make the inmate’s sentence computation inoperative
as of the date following the escape;
Write an incident report and conduct a
disciplinary hearing in absentia;
Notify all parties as required in the Program
Statement on Escapes/Death Notification; and
Notify all parties as required in the Program
Statement on Victim and Witness Notification, if
applicable.

/s/
Kathleen Hawk Sawyer
Director

PS 5140.37
1/31/2003
Attachment A

Instructions for Completing the BP-385
This form is self-explanatory. A breakdown of the elements that
may cause confusion are listed below:
AUTHORIZED BY:
official.

The title and signature of the authorizing

DOJ MNEMONIC: The mnemonic code, as established for the JUSTICE
teletype system, will be used as the standard for abbreviating
agency facilities and offices.
NAME OF PRISONER: This is the committed name as it appears on
the Judgment and Commitment Order.
REPORT DATE: This is the date the prisoner is scheduled to
report. This item is essential and must always be completed.
Space has been provided for numeric entries, e.g., August 1, 1990
would be written 08-01-90.
REPORT TO: This identifies the receiving institution. The DOJ
mnemonic code for the facility must be used. For transfers and
commitments to Community Corrections Centers, the facility
location must be used.
PHOTOGRAPH: An updated photograph of the prisoner must be
attached in this block.
FINGERPRINT BLOCKS: Two blocks for fingerprints are provided.
The discharging authority will take a rolled print of the
prisoner’s right thumb. If, because of amputation or injury, it
becomes necessary to use a finger other than the thumb, the
finger used will be identified in the block. Upon arrival of the
prisoner, the receiving facility will take a rolled print of the
right thumb or identified finger and make a visual comparison
with the rolled print taken by the discharging facility to
confirm the identity of the prisoner. The staff members
performing these functions will complete the required information
in the space provided.