Tuesday, January 08, 2008

BOP Has Authority to Set Payment Schedules

Davis v. Wiley, 2008 WL 41067 (1/2/08)(unpub'd) - The BOP does not violate due process by setting an individualized payment schedule for the prisoner to pay restitution, according to its regulations, even though the district court does not do so, or apparently even if the court sets up a different schedule. Setting up such a schedule serves a valid penological objective and is authorized. BOP's threat to alter the prisoner's place of confinement, if he does not go along with the payment schedule, does not infringe a liberty interest.