DOJ Considering Changes To Federal Inmate Commissary
The Federal Bureau of Prisons (BOP) and Department of Justice (DOJ) are considering changes to the federal inmate commissary.
The BOP and DOJ are proposing a supplemental notice of proposed rulemaking (SNPRM) in how the agencies handle the Inmate Financial Responsibility Program (IFRP). The proposed changes come, in part, after scrutiny of the amounts in some inmates’ accounts, particularly inmates with notoriety. For example, Larry Nasser and R. Kelly are inmates who’ve had upwards of tens of thousands of dollars in their accounts, Forbes reports.
Critics argue money in their inmate accounts should not be used to improve their comforts while in federal prison because they have victims who also need to be compensated. For both Nasser and Kelly, the large sums of money in their accounts are shielded from victims and the financial obligations they may have.
The IFRP is nothing new. It’s been around since 1987. The program was created to encourage federal prisoners to not only pay their financial obligations, but also to support federal inmates in developing financial planning skills to pay court-ordered restitution, court fines, and more.
While IFRP claims to be a voluntary program, it’s important to note there are some advantages for participating. Some inmates can also participate in prerelease custody programs such as a halfway house for enrolling in IFRP. There are also penalties for not participating, including loss of commissary.
Changes The BOP Is Proposing
Some of the changes have to do with previously proposed changes from the BOP’s and DOJ’s SNPRM from January 2023. Some of those changes have to do with how inmates satisfy their financial obligations related to judgments and using the IFRP to fulfill these financial obligations. The Bureau is proposing in the January 2023 SNPRM that the financial obligations be modified to include child, spousal, and other familial support obligations and adding a new paragraph for “other non-family support state or local court obligations.”
“The Bureau still intends to make the two changes to the introductory paragraph that were detailed in the January 2023 NPRM,” the notice reads. “These changes were the deletion of language that was intended to serve as guidance for Bureau employees and the addition of language requiring that any payment plan laid out in the inmate’s judgment and commitment order (J&C) be implemented as the inmate’s IFRP payment plan.”
BOP is currently taking public comments on the topic of whether an inmate should be exempt from IFRP participation for a certain length of time prior to reentry.
“For example, the inmate could be exempt from IFRP participation during the 90 or 180 days prior to either (1) the inmate’s transition to a residential reentry center or home confinement, or (2) expiration of the inmate’s term of imprisonment, if the inmate is not participating in community confinement,” the notice reads.
Written and electronic comments must be postmarked or submitted on or before February 18, 2025.
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