Bureau of Prisons – Transfers

Overview of Transfers

Transfers (also known as redesignations) come in many forms within the Bureau of Prisons (BOP). Most transfers are initiated by the BOP itself, with little to no imput from the inmate or their family. However, this doesn’t always have to be the case. Below I’ll list the common types of transfers, what they mean, and why they happen.

To begin, transfers within the BOP are governed by the Program Statement 5100.08. Program Statements are the rules that the BOP creates for itself to comply with National law.

Types of Transfers

There are thirty-one (31) different types of transfers within the BOP. Most of these types of transfers are not able to be influenced by an inmate because they are for security or administrative purposes, however some exist which are. The most common transfer types are listed below:

Institution Classifications Transfer: This type of transfer occurs when an inmate’s security level has changed.

  1. “Lesser Security” transfers occurs when “a decrease in the inmate’s security level is indicated by the Custody Classification Form.” When conduct has been clear for enough time, points are deducted from the inmate’s record. When these points drop below the threshold of their current institutions security level, transfer is considered. Transfer doesn’t always occur, but if an inmate knows his security point total, he may initiate a request for the transfer to spur the BOP to transfer him to a different prison.
  2. “Greater Security” transfers work just the opposite way
  3. “Custody Level Changes” indicate that a transfer is appropriate and work much the same way as the above security-level-related transfers

Nearer Release Transfers:: These transfers move the inmate closer to their legal residence or release destination (if they are different), as long as this transfer is consistent with their security level. This transfer is only considered after 18 consecutive months of clear conduct have been observed in general population. These transfers are often made together with Lesser Security transfers, occur within the last year or two of an inmate’s sentence, and transfer the inmate to within 500 miles of the home of record.

Program Participation: This type of transfer is common when an inmate is eligible for specific programs offered by the BOP. Most commonly, this is used for participation in the Residential Drug Treatment Program (RDAP). Not only can this transfer bring an inmate closer to home, it can lower his security level and take up to a year off his sentence.

Of the 31 different types of transfers, these are the types that can most commonly be influenced by an inmate themself. To learn more about these and other types of transfers, read the full text of Chapter 7 in Program Statement 5100.08.

Felons in America are no Longer Citizens

Felons Losing Citizenship

What makes the difference between a citizen and non-citizen of the United States? A laundry list of items can be made to cite what makes a these differences, but the core of this list can be found in the U.S. Constitution.

The Bill of Rights ((Text of the Bill of Rights)) contains the first ten amendments to the Constitution, and enumerates what the Declaration of Independence calls “Inalienable Rights” (( Text of the Declaration of Independance))of all men. Specifically, those who are residents and citizens of this country. The Amendments that follow the Bill of Rights expand these rights further.

What happens when a citizen of the U.S. becomes a felon? Answer: many of those inalienable rights become alienated to them. Lets take a closer look at some of these.

The Second Amendment ((The Second Amendment to the US Constitution)) says that the right to keep and bare arms shall not be infringed. Yet, a felon in the U.S. cannot keep and bare arms legally and the consequences for doing so are dire ((Congressional panel on the construed nature and consequences of violating arms control law)).

The Fourth Amendment ((The Fourth Amendment to the US Constitution)) protects citizens of the U.S. from unlawful search and seizure. Yet, a felon on or off of probation, parole, or supervision loses the standard of the Fourth Amendment where law enforcement needs only
reasonable suspicion to invade their privacy.

The Fifth Amendment ((The Fifth Amendment to the US Constitution)) protects citizens against self-incrimination. Yet, a felon on probation, parole, or supervision must adhere to rules that require honest answers to their supervising officer or risk violating their supervision. Even if
answering that question would mean incriminating themselves. That is placing a felon between a rock and a hard place: between their Fifth Amendment protections and their rules of supervision.

The Sixth Amendment ((The Sixth Amendment to the US Constitution)) ensures a speedy and public trial by impartial jury. Is this even possible for somebody with a pre-existing felony record?

The Fifteenth ((The Fifteenth Amendment to the US Constitution)) and Nineteenth ((The Nineteenth Amendment to the US Constitution)) Amendments expand the right to vote to all U.S. Citizens. Yet, felons lose this right (some States, however, are starting to give this one back).

This is a short list and a short article. However, the point is to highlight what makes a man or woman a citizen of the United States. Above are six Amendments to the U.S. Constitution which guarantee rights to citizens of its borders.
These six Amendments do not apply to felons, so the title of this article stands: Felons in America are no Longer Citizens.