Federal Bureau of Prisons (FBOP) Facilities
Federal Bureau of Prisons (FBOP) Facilities.
- Prisoners with approved sentences to confinement may be transferred to a FBOP facility with the concurrence or by direction of the appropriate Secretary of Military Department or designee.
- Authority to transfer the prisoners to the FBOP confers no right on prisoners to request transfer.
- Factors considered when determining whether to transfer a prisoner to a FBOP include:
- The prisoner’s demonstrated potential for return to military service or rehabilitation.
- The nature and circumstances of the prisoner’s offenses.
- The prisoner’s incarceration record, including participation in rehabilitation programs.
- The status of the prisoner’s court-martial appeal and involvement in other legal proceedings.
- The nature and circumstances of the prisoner’s sentence, including length of sentence to confinement.
- The prisoner’s age.
- Any other special circumstances relating to the prisoner, the needs of the Service, or the interests of national security.
- Commitments based on lack of mental capacity to stand trial or acquittal because of lack of mental capacity at time of offense are transferred to the FBOP. See AR 190- 47, para 3-4, R.C.M 706, R.C.M. 909, and 18 U.S.C. §§ 4241(d) & 4246.
- The Department of the Army, Provost Marshal General determines the place of incarceration for prisoners who are sentenced to more than 30 days based on operational requirements and programs.