Not in BOP custody means that an individual is not currently under the custody or supervision of the Federal Bureau of Prisons (BOP). The BOP is responsible for the incarceration and supervision of federal offenders who have been convicted of crimes and sentenced to federal prison.
There are several reasons why someone might not be in BOP custody…
1. Not Convicted of a Federal Crime – If an individual has not been convicted of a federal offense, they would not be under the jurisdiction of the Federal Bureau of Prisons. Instead, they may be under the custody of state or local authorities if they were convicted of a state or local crime.
2. Released from BOP Custody – If an individual was previously incarcerated in a federal prison but has served their sentence and been released, they would no longer be in BOP custody. After release, they may be subject to supervision, such as probation or parole, depending on the terms of their release.
3. Transferred to Another Agency – In some cases, individuals may be transferred from BOP custody to the custody of another law enforcement agency or entity for various reasons, such as pending trial in another jurisdiction, deportation proceedings, or participation in a specialized program.
4. Escaped or Absconded – If an individual has escaped from federal custody or is considered to be a fugitive (e.g., they have failed to report to a halfway house or violated the terms of their release), they would no longer be considered to be in BOP custody.