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Old 04-21-2019, 05:58 PM
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Default HWH/HC possibly affected by unpaid fine ?

Spoke to my LO couple days ago who mentioned counselor wants $50 of $100 fine imposed by court @ time of sentencing paid by the end of this week or his HWH/HC time could be affected Is this possible ? My LO told me he’s to start working next month so I told him they can get the money once he starts working. Am I wrong ?
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Old 04-22-2019, 07:51 AM
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His unit team decides how much HWH/HC time he is offered, if any, so they can reduce, or even deny it.
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Old 04-22-2019, 08:39 AM
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His unit team decides how much HWH/HC time he is offered, if any, so they can reduce, or even deny it.
fbopnomore, I understand and thank you for your response, my question though is if they can do so by giving him a deadline or ultimatum to have this money paid by the end of the week ? I guess the answer is yes, since this is the FBOP
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Old 04-22-2019, 11:32 AM
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Unfortunately his counselor and/or case manager can apparently deny HWH/HC for any, or no reason. They definitely do whatever they want to do. Unless he declined the inmate financial responsibility program, the bop was already removing money from his commissary account to pay towards his government/court indebtedness, but apparently that wasn't good enough for his unit team.

The problem with the criminal punishment system is it is never done messing around until it is finally over, totally over.
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Old 04-22-2019, 01:44 PM
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I think that $100 is court costs and could have been paid at sentencing. What’s the big deal? Can’t he pay the $? I’m surprised the BOP didn’t take it already.
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Old 04-22-2019, 02:45 PM
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I think that $100 is court costs and could have been paid at sentencing. What’s the big deal? Can’t he pay the $? I’m surprised the BOP didn’t take it already.
the big deal is that :
1) I’m out of work
2) He’s incarcerated and depends solely on me for financial help
3) I question the same thing ... has it really not been paid and if no, why not, when I have sent him 7X that amount in the near year since he’s been in ?
& 4) The question was really whether his counselor or whomever, can decide to take away his eligibility/qualification for HWH/HC if the fee is not paid by the end of the week.

I’ll be taking a trip to the federal court this week to find out for myself.
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Old 04-22-2019, 03:20 PM
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It’s too late to involve Federal Court. If you look at the Judgment and Commital form, you’ll see the $100 charge, every criminal case includes this. I’m sorry about your employment issues. But it sounds like the PO is serious. They are in charge for this transition, period. My take is there’s nothing to fight. If you can’t afford to pay it, your LO is at the mercy of someone who seems irrational but that is his right, even though it sucks.
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Old 04-22-2019, 03:32 PM
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It’s too late to involve Federal Court. If you look at the Judgment and Commital form, you’ll see the $100 charge, every criminal case includes this. I’m sorry about your employment issues. But it sounds like the PO is serious. They are in charge for this transition, period. My take is there’s nothing to fight. If you can’t afford to pay it, your LO is at the mercy of someone who seems irrational but that is his right, even though it sucks.
Thank you ... & actually it’s not ... my LO doesn’t get released until 2021 ... If you don’t mind, may I ask where I can find this judgment and commital form ? I just need to find out if the fee has been paid or not. Thank you again.
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Old 04-22-2019, 05:12 PM
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There is a mandatory federal court assessment of $100.00 for each convicted felony count. That will be paid through the bop's inmate financial responsibility program. The more you post (advance HWH payments, etc.) the less I think he is being truthful. Take care of yourself.
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Old 04-22-2019, 05:42 PM
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There is a mandatory federal court assessment of $100.00 for each convicted felony count. That will be paid through the bop's inmate financial responsibility program. The more you post (advance HWH payments, etc.) the less I think he is being truthful. Take care of yourself.
fbopnomore, thank you, I know about the mandatory fine ... matter of fact, I have a copy of the sentencing transcript as he had asked for me to send him a copy of it & it is mentioned on there ... bottom line is that yes, unfortunately this is/was my fear but I definitely will take care of self first ... ALWAYS
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Old 04-24-2019, 10:22 AM
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The J&C is on the docket report for his case on Pacer. It is often the last item. You bring up his case, then tap docket report, them highlight the attachment for the order. You can print it or cut and paste it. If you don't have a Pacer account, you can get one and you won't incur any charges if you just get the order.
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Old 04-24-2019, 10:33 AM
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I'm not familiar with BOP, but does he get an accounting every month or can he request one? Unless everything is waived at sentencing, wouldnt they have taken portions of it over the length of the incarceration?

Were there other fines and fees attached in addition? Could be a reporting error? He may need to request his financial acct info and then have him send it to you as proof.
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Old 04-24-2019, 12:07 PM
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I never once received an accounting of the inmate financial responsibility program payments, but they did stop once the debt was paid in full, and the money was even forwarded to the court. The Counselor has the details on their computer, but the only discussion with me was when the amount of the payment changed. Details might have been provided if I asked, but I never did.
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Old 04-24-2019, 05:56 PM
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The amount of the fine will be on pacer. My husband paid his restitution and his $200 fine before sentencing, but the courts are so antiquated and apparently didn't send his restitution anywhere and it just sat there for 1-1/2 years! Finally I got it all sorted out when he was in prison last summer. Only about 2 months ago, around the time my husband was released was there something on pacer that showed all restitution and fines were paid. I'm not sure this is normal, but you may want to check there. You can also call the court yourself to see if this fine of his was paid. I know when I was told by the third party that they didn't receive the restitution, the court gave me this information no problem, didn't even ask who I was.

But I agree with the above, it doesn't sound like he's being truthful. If he's telling you to pay the money by the end of the week, then the $ should be going to the court, not to him regardless. If he's telling you it needs to be sent to the prison, then that's definitely bs. You would never be sending a fine to the prison for a prisoner to pay in any case.

Also, if he's not getting out until 2021, that also doesn't make sense that they would say pay the $100 (or whatever it is) by the end of the week, or you're not going to home confinement or HWH. Tons of guys owe fines and restitution and that is not usually the reason they're not given their hwh or hc.
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Old 04-24-2019, 05:57 PM
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Quote:
Originally Posted by onedayatatime13 View Post
I'm not familiar with BOP, but does he get an accounting every month or can he request one? Unless everything is waived at sentencing, wouldnt they have taken portions of it over the length of the incarceration?

Were there other fines and fees attached in addition? Could be a reporting error? He may need to request his financial acct info and then have him send it to you as proof.
YES! Usually when someone owes a fine/restitution, they take $25/quarter to pay it. Something isn't kosher here.
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Old 04-24-2019, 06:22 PM
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thank you for all the addt’l responses bellisq, onedayatatime13, fbopnomore, & rockchalk1 ...
had to ask as this is my first time dealing with him in the feds ... his too but this is not his first stint in prison.
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