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Sentencing; IFPA

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2011//

Sentencing; IFPA

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2011//

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Sentencing
IFPA

A court cannot order participation in the Inmate Financial Responsibility Program.

“We have described the IFRP as a program under which staff members from the Bureau of Prisons assist inmates in developing plans to meet their financial obligations. See 28 C.F.R. § 545.10. Inmates who do not participate may lose a number of privileges identified in 28 C.F.R. § 545.11(d), which include participating in [a certain] prison job training program, furloughs, and outside work details, and having higher commissary spending limits, access to higher-status housing, and access to community-based programs.

United States v. Boyd, 608 F.3d 331, 333 (7th Cir. 2010). We have held that the IFRP is a voluntary program, and, therefore, an order compelling an inmate’s participation is plain error. See Munoz, 610 F.3d at 997; Boyd, 608 F.3d at 334 (‘The IFRP can be an important part of a prisoner’s efforts toward rehabilitation, but strictly speaking, participation in the program is voluntary. . . .

[A]n inmate in the Bureau of Prisons’ custody may lose certain privileges by not participating in the IFRP, but the inmate’s participation cannot be compelled.’).”

Affirmed as modified.

10-2297 U.S. v. McKnight

Appeal from the United States District Court for the Northern District of Illinois, Pallmeyer, J., Ripple, J.

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