Average Cost of Incarceration

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  • The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2014 was $30,619.85 ($83.89 per day). (Please note: There were 365 days in FY 2014.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2014 was $28,999.25 ($79.45 per day).

28 CFR part 505 allows for assessment and collection of a fee to cover the average cost of incarceration for Federal inmates. We calculate this fee by dividing the number representing Bureau of Prisons facilities’ monetary obligation (excluding activation costs) by the number of inmate-days incurred for the preceding fiscal year, and then by multiplying the quotient by 365. Under § 505.2, the Director of the Bureau of Prisons determined that, based upon fiscal year 2014 data, the fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2014 was $30,619.85 ($83.89 per day). (Please note: There were 365 days in FY 2014.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2014 was $28,999.25 ($79.45 per day).

 


 

2013

  • The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2013 was $29,291.25 ($80.25 per day). (Please note: There were 365 days in FY 2013.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2013 was $26,612.15 ($72.91 per day).

28 CFR part 505 allows for assessment and collection of a fee to cover the average cost of incarceration for Federal inmates. We calculate this fee by dividing the number representing Bureau of Prisons facilities’ monetary obligation (excluding activation costs) by the number of inmate-days incurred for the preceding fiscal year, and then by multiplying the quotient by 365. Under § 505.2, the Director of the Bureau of Prisons determined that, based upon fiscal year 2013 data, the fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2013 was $29,291.25 ($80.25 per day). (Please note: There were 365 days in FY 2013.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2013 was $26,612.15 ($72.91 per day).


 

2012

  • The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2012 was $29,027.46 ($79.31 per day). (Please note: There were 366 days in FY 2012.) The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2012 was $27,003 ($73.78 per day).

28 CFR part 505 allows for assessment and collection of a fee to cover the average cost of incarceration for Federal inmates. We calculate this fee bydividing the number representing Bureau of Prisons facilities’ monetary obligation (excluding activation costs) by the number of inmate-days incurred for the preceding fiscal year, and then by multiplying the quotient by 365. In 2012, however, there were 366 days, so we multiply the quotient by 366 for 2012.

Under § 505.2, the Director of the Bureau of Prisons determined that, based upon fiscal year 2012 data, the fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2012 was $29,027.46 ($79.31 per day). (Please note: There were 366 days in FY 2012.) The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2012 was $27,003 ($73.78 per day).


 

2011

  • The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2011 was $28,893.40. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2011 was $26,163.

28 CFR part 505 allows for assessment and collection of a fee to cover the average cost of incarceration for Federal inmates. We calculate this fee by dividing the number representing Bureau facilities’ monetary obligation (excluding activation costs) by the number of inmate-days incurred for the preceding fiscal year, and then by multiplying the quotient by 365.

Under § 505.2, the Director of the Bureau of Prisons determined that, based upon fiscal year 2011 data, the fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2011 was $28,893.40. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2011 was $26,163.

 

Code of Federal Regulations

 

Title 28 – Judicial Administration
Volume: 2Date: 2011-07-01Original Date: 2011-07-01Title: PART 505 – COST OF INCARCERATION FEEContext: Title 28 – Judicial Administration. CHAPTER V – BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. SUBCHAPTER A – GENERAL MANAGEMENT AND ADMINISTRATION.

Pt. 505PART 505—COST OF INCARCERATION FEESec.505.1Purpose and scope.505.2Annual determination of average cost of incarceration.505.3Inmates exempted from fee assessment.505.4Calculation of assessment by unit staff.505.5Waiver of fee by Warden.505.6Procedures for payment.505.7Procedures for final disposition.Authority:5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 31 U.S.C. 3717; Pub. L. 102-395, 106 Stat. 1842 (18 U.S.C. 4001 note); 28 CFR 0.95-0.99.Source:64 FR 43881, Aug. 11, 1999, unless otherwise noted.§ 505.1Purpose and scope.This part establishes procedures for the assessment and collection of a fee to cover the cost of incarceration. The Director of the Bureau of Prisons has been delegated the authority of the Attorney General (see 28 CFR 0.96c) to assess and collect a fee imposed by the Bureau in the event the court neither imposes nor waives a fine pursuant to the Sentencing Guidelines 5E1.2(d). For purposes of this part, revocation of parole or supervised release is to be treated as a separate period of incarceration for which a fee may be imposed.§ 505.2Annual determination of average cost of incarceration.Pursuant to 28 CFR 0.96c, the Bureau of Prisons staff is responsible for calculating the annual average cost of incarceration. This calculation is reviewed annually and the revised figure is published as a notice in the Federal Register.§ 505.3Inmates exempted from fee assessment.Inmates who began service of sentence before January 1, 1995, or who have had a fine either imposed or expressly waived by the United States District Court, pursuant to Section 5E1.2 (e) of the United States Sentencing Guidelines, or any successor provisions, are exempt from fee assessment otherwise required by this part.§ 505.4Calculation of assessment by unit staff.Bureau of Prisons Unit Team staff are responsible for computing the amount of the fee to be paid by each inmate who has not been exempted from fee assessment. The inmate will only be assessed an amount once for the cost of incarceration for each separate period of incarceration.(a) Unit Team staff are to rely exclusively on the information contained in the Presentence Investigation Report and findings and orders of the sentencing court in order to determine the extent of an inmate’s assets, liabilities and dependents.(b) The fee is assessed in accordance with the following formula: If an inmate’s assets are equal to or less than the poverty level, as established by the United States Department of Health and Human Services and published annually in the Federal Register, no fee is to be imposed. If an inmate’s assets are above the poverty level, Unit Team staff are to impose a fee equal to the inmate’s assets above the poverty level up to the average cost to the Bureau of Prisons of confining an inmate for one year.(c) If the amount of time that the inmate is in custody is less than 334 days (including pretrial custody time), the maximum fee to be imposed is to be computed by prorating the fee on a monthly basis.§ 505.5Waiver of fee by Warden.The Warden may reduce or waive the fee if the inmate establishes that:(a) He or she is not able and, even with the use of a reasonable installment schedule, is not likely to become able to pay all or part of the fee, or(b) Imposition of a fee would unduly burden the inmate’s dependents.§ 505.6Procedures for payment.Fees imposed pursuant to this part are due and payable after notice of the Unit Team actions. When the inmate participates in the inmate financial responsibility program (see 28 CFR part 545, subpart B), fees are to be included under the category “other federal government obligations” and are to be paid before other financial obligations included in that same category. Fees may be subject to interest charges.§ 505.7Procedures for final disposition.Before the inmate completes his or her sentence, Unit Team staff must review the status of the inmate’s fee. Any unpaid amount will be referred for collection in accordance with Federal Claims Collection Standards (4 CFR Chapter II).


The mission of the Bureau of Prisons is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. The Bureau has its headquarters also known as Central Office, in Washington, DC. The Central Office is divided into nine divisions, including the National Institute of Corrections.

 Office of General Counsel, Federal Bureau of Prisons, 320 First St. NW., Washington, DC 20534

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