DOJ Considering Changes To Federal Inmate Commissary

The proposed changes come after scrutiny of the amounts in some inmates accounts, particularly inmates with notoriety.

The Federal Bureau of Prisons (BOP) and Department of Justice (DOJ) are considering changes to the federal inmate commissary.

The BOP and DOJ submitted 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 that money in 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 shield them from victims and their financial obligations.

The IFRP has existed since 1987. It was created to encourage federal prisoners to pay their financial obligations and support them 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 to 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 relate to previously proposed changes in the BOP’s and DOJ’s SNPRM from January 2023. These changes concern how inmates satisfy their financial obligations related to judgments and how they use the IFRP to fulfill these 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 whether an inmate should be exempt from IFRP participation for a certain length of time before re-entry.

“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 re-entry 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 Feb. 18, 2025.