The Short Answer, Yes
If you’re waiting to self report to federal prison and expect to owe restitution, this is important.
Yes, the BOP can take money from your trust fund account, also known as your commissary account, for restitution and court costs, even if you’re not working a job in federal prison.
In fact, they can take up to 75% of the money that’s put in your account every month. It doesn’t matter if the money comes from loved ones on the outside or from your employment within the prison system – the Financial Responsibility Program, or FRP, allows for automatic deductions to meet your payment requirements.
We’ve seen a number of judgement and commitment orders for individuals facing federal prison, and they’ve all said that the inmate must adhere to the FRP.
There are a number of things that the Court will leave in the jurisdiction and management of the BOP, and FRP is one of them. The only way the court can intercede on the FRP is if the judge specifically said you’re not supposed to start paying restitution or your special assessment fees until after you’ve been released from federal prison. But, that directive is rare to come across.
The more money is put onto your books, the more the BOP can take out. If you expect this to be the case in your situation, to live comfortably in prison, you’re going to have to find a prison hustle. Doing people’s laundry or making cheesecakes or other kinds of food are popular, easy options. However, be careful not to take business away from anyone else and make enemies in the process.