C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE › Subpart Q—Bureau of Prisons

28 C.F.R. § 0.96

Delegations

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The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control, or treatment of persons (including insane prisoners and juvenile delinquents) charged with or convicted of offenses against the United States, including the taking of final action in the following-described matters:

(a) Requesting the detail of Public Health Service officers for the purpose of furnishing services to Federal penal and correctional institutions (18 U.S.C. 4005).

(b) Consideration, determination, adjustment, and payment of claims in accordance with 31 U.S.C. 3722.

(c) Designating places of imprisonment or confinement where the sentences of prisoners shall be served and ordering transfers from one institution to another, whether maintained by the Federal Government or otherwise, pursuant to 18 U.S.C. 4082 as it existed before the enactment of Pub. L. 98-473 (applicable to offenses committed prior to November 1, 1987).

(d) Extending the limits of the place of confinement of prisoners for the purposes specified, and within the limits established, by 18 U.S.C. 4082(c) as it existed before the enactment of Public Law 98-473, and otherwise performing the functions of the Attorney General under that section (applicable to offenses committed prior to November 1, 1987).

(e) Designation of agents for the transportation of prisoners (18 U.S.C. 4008).

(f) Prescribing regulations for the use of surplus funds in “Commissary Funds, Federal Prisons” to provide advances not in excess of $150 to prisoners at the time of their release pursuant to 18 U.S.C. 4284 as it existed before the enactment of Public Law 98-473 (applicable to offenses committed prior to November 1, 1987).

(g) Allowance, forfeiture, and restoration of all good time pursuant to 18 U.S.C. 4161, 4162, 4165, and 4166 as those sections existed before the enactment of Public Law 98-473 (applicable to offenses committed prior to November 1, 1987).

(h) Release of prisoners held solely for nonpayment of fine as provided in 18 U.S.C. 3569 as it existed before the enactment of Public Law 98-473 (applicable to offenses committed prior to November 1, 1987).

(i) Furnishing transportation, clothing, and payments to released prisoners pursuant to 18 U.S.C. 4281 as it existed before the enactment of Public Law 98-473 (applicable to offenses committed prior to November 1, 1987).

(j) Performing the functions of the Attorney General under the provisions of 18 U.S.C. chapter 313, Offenders with Mental Disease or Defect (18 U.S.C. 4241-4247).

(k) Settlement of claims arising under the Federal Tort Claims Act as provided in 28 CFR 0.172.

(l) Entering into reciprocal agreements with fire organizations for mutual aid and rendering emergency assistance in connection with extinguishing fires within the vicinity of a Federal correctional facility, as authorized by sections 2 and 3 of the Act of May 27, 1955 (42 U.S.C. 1856a, 1856b).

(m) Deciding upon requests by states for temporary transfers of custody of inmates for prosecution under Article IV of the Interstate Agreement on Detainers (84 Stat. 1399) and pursuant to other available procedures; and receiving and reviewing requests by the executive authority of states or the District of Columbia for, and authorizing the transfer of, inmates pursuant to 18 U.S.C. 4085 as it existed before the enactment of Public Law 98-473 (applicable to offenses committed prior to November 1, 1987).

(n) Prescribing rules and regulations applicable to the carrying of firearms by Bureau of Prisons officers and employees (18 U.S.C. 3050).

(o) Promulgating rules governing the control and management of Federal penal and correctional institutions and providing for the classification, government, discipline, treatment, care, rehabilitation, and reformation of inmates confined therein (18 U.S.C. 4001, 4041, and 4042).

(p) Establishing and designating Bureau of Prisons Institutions (18 U.S.C. 4001, 4042).

(q) Granting permits to states or public agencies for rights-of-way upon lands administered by the Director in accordance with the provisions of 43 U.S.C. 931c and 43 U.S.C. 961 (18 U.S.C. 4001, 4041, 4042, 43 U.S.C. 931c, 961).

(r) Authority under the provisions of 18 U.S.C. 4082(b) to provide law enforcement representatives with information on Federal prisoners who have been convicted of felony offenses and who are confined at a residential community treatment center located in the geographical area in which the requesting agency has jurisdiction (18 U.S.C. 4082).

(s) Approving inmate disciplinary and good time regulations (18 U.S.C. 3624).

(t) Contracting, for a period not exceeding three years, with the proper authorities of any State, Territory, or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of persons convicted of offenses against the United States (18 U.S.C. 4002).

(u) With respect to the authorities granted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act:

(1) During the “covered emergency period” as defined by the CARES Act, when the Attorney General determines that emergency conditions will materially affect the functioning of the Bureau of Prisons (Bureau), lengthening the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under 18 U.S.C. 3624(c)(2), as the Director determines appropriate.

(2) After the expiration of the “covered emergency period” as defined by the CARES Act, permitting any prisoner placed in home confinement under the CARES Act who is not yet otherwise eligible for home confinement under separate statutory authority to remain in home confinement under the CARES Act for the remainder of the prisoner's sentence, as the Director determines appropriate, provided the prisoner is compliant with all conditions of supervision. In the event a prisoner violates the conditions of supervision, Bureau staff may return the prisoner to secure custody, or may utilize progressive discipline as outlined in the Residential Reentry Center (RRC) contract, which may include possible placement in an RRC or contract facility in lieu of direct return to secure custody.

(3) This paragraph (u) concerns only inmates placed in home confinement under the CARES Act. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities.

[Order No. 1617-92, 57 FR 38772, Aug. 27, 1992, as amended by Order No. 1884-94, 59 FR 29717, June 9, 1994; Order No. 2204-99, 64 FR 4295, Jan. 28, 1999; Order No. 5641-2023, 88 FR 19839, Apr. 4, 2023]
Notes of Decisions
Cited in 123 cases (45 in the last 5 years), 1968–2026 · leading case: Barber v. Thomas, 560 U.S. 474 (2010).
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Barber v. Thomas, 560 U.S. 474 (2010). · cites it 2× “” 28 CFR §0.96 (s) (2009). BOP has long followed the same credit-calculation method now advocated by the Court.”
Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, & J. Saxman, 777 F.2d 999 (5th Cir. 1986). · cites it 4× “§ 2672 ; 28 C.F.R. §§ 0.96 (1), 0.172; cf id. § 14.”
Daniel Zavala v. Richard Ives, 785 F.3d 367 (9th Cir. 2015). · cites it 2× “See 28 C.F.R. § 0.96 . We need not, however, reach the question of administrative deference.”
Fed. Defenders of New York, Inc. v. Fed. Bureau of Prisons, 954 F.3d 118 (2d Cir. 2020). “See 28 C.F.R. § 0.96 . 2This statement of facts is drawn from the allegations in the complaint, the documents filed by the Federal Defenders in connection with their motion for a temporary restraining order (which were incorporated by reference into the complaint), see JA 14,…”
United States v. Don Dowling, 962 F.2d 390 (5th Cir. 1992). · cites it 2× “8 See 28 C.F.R. § 0.96 (1991). Since he cannot seek review before the Bureau, such review being an absolute prerequisite to receiving credit, Dowling cannot enjoy the benefit of a § 3585(b) credit determination.”
Chambers v. Holland, 920 F. Supp. 618 (M.D. Penn. 1996). · cites it 2× “28 C.F.R. § 0.96 (1992). Implicit in the sentence imposed by Judge Glasser is credit for the time petitioner served from March 9, 1992 to October 16, 1992, the date of sentencing.”
Gleave v. Graham, 954 F. Supp. 599 (W.D.N.Y. 1997). · cites it 4× “The BOP is authorized pursuant to 28 C.F.R. § 0.96 “to exercise or perform any of the authority, functions, or duties conferred on the Attorney General by any law relating to the confinement, control, or treatment of persons .”
United States v. Smith, 812 F. Supp. 368 (E.D.N.Y 1993). · cites it 2× “28 C.F.R. § 0.96 (1992). Computing a federal sentence requires two separate determinations: first, when the sentence commences; and, second, to what extent the defendant in question may receive credit for any time already spent in custody.”
United States of Am., Appellee-Cross-Appellant v. James Payton, AKA James Perkins, Defendant-Appellant-Cross-Appellee, 159 F.3d 49 (2d Cir. 1998). “See 28 C.F.R. § 0.96 (1997) (“The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control, or treatment of persons .”
United States v. Jude Somerset Hardesty, 977 F.2d 1347 (9th Cir. 1992). “§ 4082 ; 28 C.F.R, § 0.96. Because this grant of authority precluded the District Court under 18 U.”
John F. Dawson v. Roger Scott, Warden, 50 F.3d 884 (11th Cir. 1995). “1990) (per curiam) (concluding from the legislative history for section 3585(b) that Congress intended for the Attorney General to have initial discretion to credit a defendant’s time in custody prior to sentencing and that this determination has been delegated to the BOP…”
Prows v. United States Dep't of Just., 704 F. Supp. 272 (D.D.C. 1988). · cites it 3× “See 28 C.F.R. § 0.96 (q). The authority has been consistently held to be extremely broad.”
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— 28 C.F.R. § 0.96(p) — 1 case
Rafiq (D. Mass. 2026).
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