Gonzalez & Waddington – Attorneys at Law

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Federal Bureau of Prisons (FBOP) Facilities.

  1. 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.
  2. Authority to transfer the prisoners to the FBOP confers no right on prisoners to request transfer.
  3. Factors considered when determining whether to transfer a prisoner to a FBOP include:
    1. The prisoner’s demonstrated potential for return to military service or rehabilitation.
    2. The nature and circumstances of the prisoner’s offenses.
    3. The prisoner’s incarceration record, including participation in rehabilitation programs.
    4. The status of the prisoner’s court-martial appeal and involvement in other legal proceedings.
    5. The nature and circumstances of the prisoner’s sentence, including length of sentence to confinement.
    6. The prisoner’s age.
    7. Any other special circumstances relating to the prisoner, the needs of the Service, or the interests of national security.
  4. 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.

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