(a) Eligibility. Inmates may be eligible for early release by a period not to exceed twelve months if they:
(1) Were sentenced to a term of imprisonment under either:
(i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or
(ii) D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those included within the definition of “crime of violence” in D.C. Code § 23-1331(4); and
(2) Successfully complete a RDAP, as described in § 550.53, during their current commitment.
(b) Inmates not eligible for early release. As an exercise of the Director's discretion, the following categories of inmates are not eligible for early release:
(1) Immigration and Customs Enforcement detainees;
(2) Pretrial inmates;
(3) Contractual boarders (for example, State or military inmates);
(4) Inmates who have a prior felony or misdemeanor conviction within the ten years prior to the date of sentencing for their current commitment for:
(i) Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide);
(ii) Forcible rape;
(iii) Robbery;
(iv) Aggravated assault;
(v) Arson;
(vi) Kidnaping; or
(vii) An offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
(5) Inmates who have a current felony conviction for:
(i) An offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another;
(ii) An offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device);
(iii) An offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or
(iv) An offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors;
(6) Inmates who have been convicted of an attempt, conspiracy, or solicitation to commit an underlying offense listed in paragraph (b)(4) and/or (b)(5) of this section; or
(7) Inmates who previously received an early release under 18 U.S.C. 3621(e).
(c) Early release time-frame. (1) Inmates so approved may receive early release up to twelve months prior to the expiration of the term of incarceration, except as provided in paragraphs (c)(2) and (3) of this section.
(2) Under the Director's discretion allowed by 18 U.S.C. 3621(e), we may limit the time-frame of early release based upon the length of sentence imposed by the Court.
(3) If inmates cannot fulfill their community-based treatment obligations by the presumptive release date, we may adjust provisional release dates by the least amount of time necessary to allow inmates to fulfill their treatment obligations.
[74 FR 1897, Jan. 14, 2009, as amended at 81 FR 24490, Apr. 26, 2016]
Notes of Decisions
Cited in
116
cases (
38 in the last 5 years), 2009–2026 · leading case:
United States v. Davis, 139 S. Ct. 2319 (2019).
United States v. Davis, 139 S. Ct. 2319 (2019).
“" 28 CFR § 550.55 (b)(5)(iii) (2017) (emphasis added); see Bush v.”
Peck v. Thomas, 697 F.3d 767 (9th Cir. 2012).
· cites it 6× “See 28 C.F.R. § 550.55 (b). Petitioners each filed for a writ of habeas corpus asking the district court to invalidate the regulation under § 706 of the Administrative Procedure Act (“APA”).”
Ricardo Gallegos-Hernandez v. USA, 688 F.3d 190 (5th Cir. 2012).
· cites it 2× “28 C.F.R. § 550.55 (b)(1). In his petition, Gallegos challenged the constitutionality of these exclusions.”
Moon v. Thomas, 787 F. Supp. 2d 1154 (D. Or. 2011).
· cites it 15× “lations that categorically disqualify (1) inmates with a current felony conviction for an offense involving the carrying, possession, or use of a firearm or other dangerous weapon or explosives, and (2) inmates with certain prior felony or misdemeanor convictions from the early…”
Handley v. Chapman, 587 F.3d 273 (5th Cir. 2009).
· cites it 3× “Handley’s arbitrary-and-capricious challenge fails as to this newest rule, because BOP’s comment to § 550.55 includes a detailed rationale for its policy choice.”
Peck v. Thomas, 787 F. Supp. 2d 1145 (D. Or. 2011).
· cites it 11× “He alleges the Bureau of Prisons’ (“BOP”) regulations, codified at 28 C.F.R. § 550.55 (b)(5)(h) (2009), that categorically disqualify inmates with' a current felony conviction for an offense involving the carrying, possession, or use of a firearm or other dangerous weapon or…”
Gardner v. Grandolsky, 585 F.3d 786 (3rd Cir. 2009).
· cites it 2× “28 C.F.R. § 550.55 (effective March 16, 2009).”
United States v. Joshua, 607 F.3d 379 (4th Cir. 2010).
· cites it 2× “” 28 C.F.R. § 550.55 (b)(3). Although they become “subject to all [ ]BOP administrative and institutional policies and pro *382 cedures,” the Memorandum states that military prisoners within BOP facilities remain “in permanent custody of the U.”
Jesus Ruiz v. United States, 990 F.3d 1025 (7th Cir. 2021).
“§ 3632 (d)(4)(D)(xxii) (rendering prisoners ineligible for time credit if convicted of a § 924(c) offense); 28 C.F.R. § 550.55 (b)(5)(ii) (listing convictions that make inmates ineligible for early release, including firearm offenses).”
Stanko v. Davis, 617 F.3d 1262 (10th Cir. 2010).
“This regulation now appears at 28 C.F.R. § 550.55 (b)(5)(ii). 12 . This court allows procedural default to be raised sua sponte.”
Builes v. Warden Moshannon Valley Corr. Ctr., 712 F. App'x 132 (3rd Cir. 2017).
“But Immigration and Customs Enforcement (ICE) detainees are not eligible for early release or pre-release custody alternatives, 28 C.F.R. § 550.55 (b); BOP Program Statement 7310.”
Hicks v. Fed. Bureau of Prisons, 603 F. Supp. 2d 835 (D.S.C. 2009).
· cites it 3× “” 28 C.F.R. § 550.55 . 3 Thus, under the clear language of the regulation, even though Petitioner may have been convicted of possession only, he is still categorically excluded from early release consideration.”
— 28 C.F.R. § 550.55(b) — 1 case
— 28 C.F.R. § 550.55(b)(5)(ii) — 2 cases
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