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Old 03-14-2019, 10:32 AM
fokysss fokysss is offline
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Default Commissary balance and fines

Hi,
I have a quick question, is it true that if you have extra money in on your federal prison commissary balance it can be taken away to clear fines/penalties imposed by the court?
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Old 03-14-2019, 10:35 AM
ttexrbomb ttexrbomb is offline
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Yes. They can and they will.

The inmate will have the opportunity to sign a repayment agreement. If refused, they will go on refusal status which will affect commissary (which is considered a privilege) and possibly their ability to use phones or email. It can also affect their job (if they have a good one).

My advise. Agree to $25 a month and hope they leave it at that.
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Old 03-14-2019, 10:52 AM
fokysss fokysss is offline
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Quote:
1. If the defendant is engaged in a BOP non-UNICOR work program, you shall pay $25 per quarter toward the criminal financial penalties. However, if you participate in the BOP's UNICOR program as a grade 1 through 4, you shall pay 50% of your monthly UNICOR earnings toward the criminal financial penalties, consistent with BOP regulations at 28 C.F.R. ยง 545.11.
This is from the case of somebody I know. BUT what if they see he has 300$ put on to his commissary account every months can take more?
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Old 03-14-2019, 10:56 AM
ttexrbomb ttexrbomb is offline
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How long is his sentence? I was sentenced to a year and they really didn’t have enough time to up my restitution as I had over $400 per month coming into my books. So if he’s there a short time, it may not be a big deal.

But they will start off at $25 a quarter and if a lot of money comes in consistently, they will up it.
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Old 03-14-2019, 11:08 AM
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He has 39 month sentence.
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Old 03-14-2019, 03:36 PM
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Here's the link to the bop's inmate financial responsibility program (IFRP) for repayment of any federal court imposed penalties (and maybe for others too, like child support?).
https://www.bop.gov/policy/progstat/5380_008.pdf

as already mentioned, it's a voluntary program, but if you choose not to "volunteer" you will be put on a commissary restriction with a monthly spending limit of around $25.00.

Mine stared out at zero for 6 months, the $25.00 a quarter minimum payment for 6 months, and it was then adjusted based on the total funds I had available (including for phone calls) from then on. My payment changed to $75.00 a month based on around $400.00 per month in my commissary account.

If you still owe after you complete your prison sentence, your PO will set up a payment schedule during supervised release, and if it still hasn't been paid by the end (your SR won't be extended unless you violated by falling behind on your payments), it will be transferred to the US DOJ's financial litigation unit, FLU.
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Old 03-15-2019, 12:08 AM
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Well, it looks like he is in trouble then he has to pay up $234,522.00
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Old 03-15-2019, 06:46 AM
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I doubt that the government will ever forget, or stop collecting either. The bop doesn't care how much you owe, just that you do, so he won't be charged any more than the IFRP requires.
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Old 03-15-2019, 09:17 AM
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Yes they will take it. I know of someone they took most of the monthly amount when the spouse deposited it. This is why a lot of guys deal in stamps only, and keep a minimal amount of cash on hand. This is also why if able, it is much better to pay the commissary and be done with it.

But most people only wind up paying $25/quarter, although not sure how the UNICOR works. Regardless, once he is out and off of home confinement, they will start to collect anyway and be all over him.

If you're worried about them taking a bigger chunk of the money, then I would send the bare minimum that he needs and only replenish it as needed. I just recently went through how much money I sent my husband while he was gone and on what intervals and other than the first month, I only sent him $300 about every 1-1/2 months and most of his money was spent on email and the phone which we only spoke every other day.
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Old 03-15-2019, 10:21 AM
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The minimum payment of $25.00 per quarter (3 months) automatically adjusts as soon as there is a 12 month period of activity in the inmate account that is available to review. Inmate financial responsibility program (IFRP) payments are computer generated on the counselor's software, and "reported" to the prisoner.
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Old 03-15-2019, 11:28 AM
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Got it, thanks for all the info, but since he is not a US citizen he will probably get deported back to his home country where they can't get him anymore. Anyway the fines they got here in US are HUGE you could end up with ur whole life messed up with these debts.
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Old 03-15-2019, 03:18 PM
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Leaving the US, either voluntarily or otherwise, gives him the opportunity to avoid having to pay. At least as soon as he departs the US.
If he stays here, he will never be able to work or accrue assets without the risk of having them taken by the US Government.

FLU gloats on the fact that they have the full powers of the US courts to collect any debt.
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