500 Mile Rule

The 500 Mile Rule is a federal prison placement guideline established by the First Step Act of 2018 that requires the Bureau of Prisons (BOP) to house inmates in facilities within 500 driving miles of their primary residence, to the extent practicable. The rule was designed to maintain family connections during incarceration, which research shows significantly improves rehabilitation outcomes and reduces recidivism. However, a 2024 Department of Justice Inspector General audit found that approximately 41% of federal inmates are housed more than 500 driving miles from home, highlighting significant compliance challenges.

The Legal Framework

Statutory Basis

The 500 Mile Rule is codified at 18 U.S.C. § 3621(b), as amended by the First Step Act. The statute requires the BOP to:

"...place the prisoner in a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence."

The key phrase "to the extent practicable" gives the BOP significant discretion in placement decisions. This language means the 500-mile requirement is a guideline, not a mandate.

Factors That Override Proximity

Under the statute, the BOP must consider multiple factors that may take precedence over family proximity:

• Bed Availability - The most common reason for distant placements. If no beds are available at facilities within 500 miles that match an inmate's security level, the BOP can designate them further away.

• Security Designation - Inmates must be housed at facilities matching their security classification (minimum, low, medium, high, administrative).

• Programmatic Needs - If an inmate requires specific programming (such as RDAP, sex offender treatment, or vocational training) not available nearby, they may be sent farther.

• Medical and Mental Health Needs - The BOP operates a four-tier Care Level system. As care requirements increase, facility options decrease, often necessitating distant placements.

• Faith-Based Needs - Religious programming requests are considered but rarely override other factors.

• Sentencing Court Recommendations - Judges can recommend specific facilities, though the BOP is not bound by these recommendations.

• Security Concerns - Public Safety Factors (PSFs), separation requirements, or other security issues can override proximity.

Judicial Recommendations vs. BOP Authority

A common misconception is that sentencing judges control prison placement. In reality:

• Judges can only recommend - They cannot order the BOP to place an inmate at a specific facility
• The DSCC decides - The Designation and Sentence Computation Center in Grand Prairie, Texas makes all designation decisions
• Decisions are not reviewable - Under 18 U.S.C. § 3621(b), BOP designation decisions cannot be appealed to any court

However, a well-crafted judicial recommendation that cites BOP policy, the 500-mile rule, and specific facility options carries more weight than a generic facility name.

Current Compliance: The 2024 OIG Audit

In September 2024, the Department of Justice Office of Inspector General released a comprehensive audit of BOP's compliance with the 500 Mile Rule. The findings revealed significant shortfalls:

Key Statistics

Metric	Finding
Total inmates evaluated	109,566 (in contiguous U.S.)
Inmates beyond 500 miles	Approximately 41%
Native American inmates beyond 500 miles	69%
Female inmates beyond 500 miles	51%
Care Level 4 (mental health) beyond 500 miles	79%
Care Level 4 (medical) beyond 500 miles	66%

Critical Finding: Wrong Measurement Method

The audit discovered that the BOP had been using straight-line distance calculations instead of driving miles as required by the statute. This error affected approximately 8,600 inmates who appeared compliant using straight-line measurements but were actually beyond 500 driving miles. The BOP's legacy SENTRY system uses an older programming language that cannot integrate driving mile calculations. A new system called CICLOPS, expected to be operational by December 2026, should resolve this issue.

Documentation Failures

In 26% of sampled cases, auditors could not determine why inmates were placed at their designated facilities, particularly when comparable facilities existed closer to their residences. The BOP also identified approximately 8,800 unrecognized or mismatched zip codes in inmate records, and over 1,500 instances where government addresses were incorrectly listed as inmate residences.

Populations Most Affected

Certain groups face disproportionate challenges with the 500-mile requirement:

Native American Inmates (69% beyond 500 miles): The lack of federal facilities in the northwest and north-central United States, where many tribal lands are located, forces Native American inmates far from their communities.

Female Inmates (51% beyond 500 miles): The BOP operates significantly fewer women's facilities than men's facilities, limiting placement options.

Inmates with High Medical/Mental Health Needs: Only certain facilities can provide Care Level 4 services, drastically reducing options regardless of location.

How to Request Placement Near Family

Before Sentencing: The Designation Request

The best time to influence placement is before sentencing. Defendants and their attorneys can submit a designation request to the court that:

1. Provides three facility options - Don't request just one facility. Give the DSCC alternatives in case your first choice lacks beds.
2. Cites the 500-mile rule - Reference 18 U.S.C. § 3621(b) and the First Step Act requirements.
3. Documents family ties - Include addresses, proof of residence, and letters from family members. Volume matters—a thick packet signals strong ties.
4. Addresses security level - Show you've researched which facilities match your likely security classification.
5. Notes relevant programming - If you need RDAP or other programs, identify facilities within 500 miles that offer them.

After Designation: Transfer Requests

If you've been designated to a facility beyond 500 miles, you can request a transfer through your Unit Team.

Nearer Release Transfer

A Nearer Release Transfer moves an inmate closer to their legal residence where family lives. Requirements typically include:

• 18 consecutive months of clear conduct in general population
• No pending disciplinary issues
• Appropriate security classification for closer facilities
• Bed availability at the requested facility

The closer you are to your projected release date, the stronger your case for a nearer release transfer.

Hardship Transfer

A Hardship Transfer (also called Family Medical Transfer) may be available when:

• A close family member is seriously ill or dying
• A close family member has passed away
• Medical documentation proves the hardship prevents family visits
• Only immediate family can make hardship transfer requests

Required Documentation:

• Letter from a physician on official letterhead
• Proof the inmate is more than 200 miles from family
• Explanation of how distance prevents visits
• Supporting letters from family members

The Transfer Request Process

1. Talk to your Unit Team - Start with your case manager or counselor
2. Submit a cop-out (BP-8) - This informal request goes to staff
3. Provide documentation - Family letters, medical records, proof of address
4. Be patient - Decisions can take weeks or months
5. Maintain good conduct - Disciplinary issues will hurt your chances

The Administrative Remedy Process

If informal requests fail, you can pursue the formal Administrative Remedy Process:

BP-8: Informal Resolution

• First step - informal request to staff
• Submit within 20 days of the issue
• Most are denied, but you must file to preserve your remedies

BP-9: Formal Complaint to Warden

• If BP-8 fails, file BP-9 within 20 days
• Warden has 20 days to respond (may request 20-day extension)
• Include all supporting documentation

BP-10: Regional Appeal

• If BP-9 is denied, appeal to the Regional Director
• Must file within 20 days of warden's response

BP-11: Central Office Appeal

• Final administrative appeal to BOP Central Office
• Must exhaust all administrative remedies before any court action

Important: Even after exhausting administrative remedies, courts generally cannot review BOP designation decisions under 18 U.S.C. § 3621(b). The administrative remedy process is often the only avenue for challenging placement.

Impact on Families and Rehabilitation

Why Proximity Matters

Research consistently shows that family contact during incarceration significantly improves outcomes:

• Reduced recidivism - Inmates who maintain family ties are less likely to reoffend
• Better institutional behavior - Regular visits correlate with fewer disciplinary issues
• Improved mental health - Family connection reduces depression and isolation
• Stronger reentry outcomes - Family support is critical for successful reintegration

A 2010 testimony to Congress by the Justice Policy Center found that two-thirds of family members reported distance as an obstacle to visiting incarcerated relatives.

The Cost of Distance

When inmates are housed far from family, visits become:

• Financially prohibitive - Travel, lodging, and lost wages make visits impossible for many families
• Logistically difficult - Taking time off work, arranging childcare, and traveling hundreds of miles
• Emotionally draining - The effort required makes visits less frequent, weakening bonds

The First Step Act recognized these challenges and explicitly included the 500-mile provision to preserve family ties. However, compliance remains a significant challenge.

Tips for Success

For Inmates

• Maintain clear conduct - Disciplinary issues make transfers nearly impossible
• Document everything - Keep copies of all requests and responses
• Build relationships with Unit Team - They initiate transfer referrals
• Be persistent but patient - Follow up regularly without being disruptive
• Provide accurate address information - Ensure your release residence is correctly documented

For Families

• Write letters - Document your need for proximity and the hardship of distance
• Provide medical documentation - If health issues prevent travel, get it in writing
• Contact your congressional representative - While they can't force transfers, congressional inquiries sometimes prompt action
• Work with defense counsel - If pre-sentencing, ensure a proper designation request is submitted

For Attorneys

• Submit designation requests early - Don't wait until after sentencing
• Cite specific policy - Reference 18 U.S.C. § 3621(b) and BOP Program Statement 5100.08
• Provide multiple facility options - Give the DSCC flexibility
• Document family ties thoroughly - Volume and specificity matter
• Include judicial recommendation language - Ask the judge to make a policy-based recommendation

Terminology

• DSCC - Designation and Sentence Computation Center. The BOP office in Grand Prairie, Texas that makes all initial designation and transfer decisions.

• Nearer Release Transfer - A transfer moving an inmate closer to their legal residence/release destination. Requires 18 months clear conduct.

• Hardship Transfer - Transfer based on family medical emergency or death. Requires documentation.

• Primary Residence - The address where an inmate will live upon release, used to calculate 500-mile distance.

• Driving Miles - Distance measured by actual road routes, as required by the First Step Act. Different from straight-line distance.

• Care Level - BOP's four-tier classification system for medical and mental health needs. Higher levels require specialized facilities.

• Public Safety Factor (PSF) - Security designations that may require specific facility types regardless of location.

Frequently Asked Questions

Q: What is the 500 Mile Rule?

The 500 Mile Rule is a provision of the First Step Act (2018) codified at 18 U.S.C. § 3621(b). It requires the Bureau of Prisons to house federal inmates in facilities within 500 driving miles of their primary residence, "to the extent practicable." The rule was designed to maintain family connections during incarceration, which research shows improves rehabilitation and reduces recidivism.

Q: Is the 500 Mile Rule mandatory?

No. The 500 Mile Rule is a guideline, not a mandate. The statutory language "to the extent practicable" gives the BOP significant discretion. Factors like bed availability, security level, programming needs, medical requirements, and security concerns can override family proximity. A 2024 OIG audit found that approximately 41% of federal inmates are housed more than 500 driving miles from home.

Q: How do I request a transfer closer to my family?

Only inmates can initiate transfer requests—family members cannot file directly. Start by speaking with your Unit Team (case manager or counselor) and submitting a cop-out (BP-8 informal request). Provide supporting documentation including family letters, proof of address, and medical records if applicable. If informal requests fail, pursue the formal Administrative Remedy Process (BP-9, BP-10, BP-11). Maintain clear conduct—disciplinary issues will hurt your chances.

Q: What is a Nearer Release Transfer?

A Nearer Release Transfer moves an inmate closer to their legal residence where family lives. Inmates must typically serve 18 consecutive months of clear conduct in general population before becoming eligible. The transfer is subject to bed availability, security classification, and programming needs. The closer an inmate is to their projected release date, the stronger their case for a nearer release transfer.

Q: Can a judge order the BOP to place me at a specific prison?

No. Under federal law, judges can only recommend facilities—they cannot order placement. The actual designation decision is made by the Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas. However, a well-crafted judicial recommendation that cites BOP policy, the 500-mile rule, and provides multiple facility options carries more weight than a generic recommendation.

Q: Can I appeal a BOP designation decision?

BOP designation decisions are explicitly not reviewable by any court under 18 U.S.C. § 3621(b). However, you can challenge designations through BOP's internal Administrative Remedy Process. File a BP-8 (informal request) within 20 days of receiving your designation, then appeal through BP-9 (warden), BP-10 (Regional Director), and BP-11 (Central Office) if denied. This is typically the only avenue for challenging placement.

Q: What populations are most affected by 500-mile violations?

According to the 2024 DOJ Inspector General audit: 69% of Native American inmates, 51% of female inmates, 79% of inmates requiring Care Level 4 mental health services, and 66% of inmates requiring Care Level 4 medical services are housed more than 500 miles from home. Limited facility options in certain geographic regions (particularly the northwest) and for specialized populations contribute to these disparities.

Q: Why are so many inmates housed more than 500 miles from home?

Multiple factors contribute to distant placements: bed availability at appropriate security levels, specialized programming needs (like RDAP), medical and mental health care requirements, Public Safety Factors, security concerns, and geographic limitations in certain regions. Additionally, the BOP has been using straight-line distance calculations instead of driving miles, resulting in approximately 8,600 inmates being miscounted. A new system (CICLOPS) expected by December 2026 should fix the measurement issue.

See also

• First Step Act: Overview and Implementation
• Overview of Federal Prison Designation
• Administrative Remedy Process (BP-8 to BP-11)
• Bureau of Prisons Classification Methods
• Visiting Policies and Procedures
• Diesel Therapy
• Security Levels in Federal Prisons

External Resources

• BOP First Step Act FAQ
• 2024 OIG Audit Report
• 18 U.S.C. § 3621 - Full Text
• BOP Designations Information