[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Proposed Rules]
[Pages 1240-1242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-367]


[[Page Unknown]]

[Federal Register: January 7, 1994]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545, 550

RIN 1120-AA16

 

Control, Custody, Care, Treatment and Instruction of Inmates; 
Drug Abuse Treatment Programs

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its rule on Chemical Abuse Programs by renaming it as Drug Abuse 
Treatment Programs, by expanding programming available to inmates, and 
by requiring participation from certain inmates. Any inmate who has 
been recommended for drug programming by the sentencing judge, or whose 
presentence investigation contains evidence that alcohol or other drug 
use contributed to the commission of the instant offense, or for whom 
alcohol or drug abuse was a reason for violation of parole or probation 
will be required to participate in drug abuse education courses. 
Further program opportunities are presented through voluntary 
participation in residential and non-residential programs and through 
transitional services. This amendment also proposes conforming changes 
with respect to program eligibility and inmate financial responsibility 
requirements and with respect to mandatory work requirements. This 
amendment is intended to fulfill statutory requirements to make 
available to inmates appropriate substance abuse treatment.

DATES: Comments due by March 8, 1994.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC room 754, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend 
its regulations on Chemical Abuse Programs. A final rule on this 
subject was published in the Federal Register on July 18, 1986 (51 FR 
26129). The Bureau is also proposing conforming or related amendments 
to its regulations on Inmate Financial Responsibility and on Inmate 
Work and Performance Pay Program. A final rule on Inmate Financial 
Responsibility was published in the Federal Register on May 21, 1991 
(56 FR 23477). A final rule on Inmate Work and Performance Pay was 
published in the Federal Register on October 1, 1984 (49 FR 38915), and 
was amended on May 21, 1991 (56 FR 23478) and on July 10, 1991 (56 FR 
31531).
    Section 2903 of Public Law 101-647 (18 U.S.C. 3621(b)) requires the 
Bureau to make available appropriate substance abuse treatment for each 
inmate the Bureau determines has a treatable condition of substance 
addiction or abuse. Existing Bureau regulations in subpart F 
(Secs. 550.50 through 550.51) of 28 CFR part 550 allow for the 
voluntary participation by inmates in chemical abuse programs. This 
proposed amendment renames such programming as drug abuse treatment 
programs and distinguishes between mandatory and voluntary requirements 
for inmate participation in these programs.
    Proposed Sec. 550.52 requires participation in a drug abuse 
education course by any inmate who has been recommended for drug 
programming by the sentencing judge, or whose presentence investigation 
contains evidence that alcohol or other drug use contributed to the 
commission of the instant offense, or for whom alcohol or drug abuse 
was a reason for violation of parole or probation. This section 
includes provision for exemption to the mandatory requirement. 
Participation by other inmates in drug abuse treatment programs remains 
voluntary, but such participation requires recommendation by the 
screening psychologist or drug abuse treatment staff. The section 
defines program completion and notes the effects of program failure for 
inmates whose participation is required.
    Section 550.53 specifies requirements for participation in an 
institution's residential and non-residential program, while 
Sec. 550.54 covers transitional services available to inmates.
    This proposed amendment makes conforming changes to the Bureau's 
provisions on inmate financial responsibility (28 CFR 545.11) to 
specify that an inmate must meet his or her financial program 
responsibility obligations before being able to receive an incentive 
for his or her residential program participation. Another conforming 
change is being made to the provisions on institution work and 
performance pay (28 CFR 545.23) to allow for an inmate's voluntary 
participation in drug programming in lieu of working full time.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Bureau of 
Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534. 
Comments received during the comment period will be considered before 
final action is taken. All comments received remain on file for public 
inspection at the above address. The proposed rule may be changed in 
light of the comments received. No oral hearings are contemplated.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866. After 
review of the law and regulations, the Director, Bureau of Prisons has 
certified that this rule, for the purpose of the Regulatory Flexibility 
Act (Pub. L. 96-354), does not have a significant impact on a 
substantial number of small entities.

List of Subjects in 28 CFR Parts 545 and 550

    Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), parts 545 and 550 in subchapter C 
of 28 CFR, chapter V are proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    1. The authority citation for 28 CFR part 550 is added to read as 
follows, and all other authority citations within the part are removed:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 4251-4255, 5006-5024 (repealed October 12, 1984 
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 
28 CFR 0.95-0.99.

    2. Subpart F, consisting of Secs. 550.50 and 550.51, is revised to 
consist of Secs. 550.50 through 550.54 as follows:

Subpart F--Drug Abuse Treatment Programs

Sec.
550.50  Purpose and scope.
550.51  Institution staff roles/responsibilities.
550.52  Drug abuse education course.
550.53  Institution residential and non-residential program.
550.54  Transitional services.

Subpart F--Drug Abuse Treatment Programs


Sec. 550.50  Purpose and scope.

    The Bureau of Prisons provides, to the extent practicable, 
appropriate drug abuse treatment programs to inmates.


Sec. 550.51  Institution staff roles/responsibilities.

    (a) The Warden shall designate a Drug Abuse Treatment Program 
Coordinator (DATC) for his/her institution.
    (b) The DATC shall ensure that:
    (1) Each institution shall provide new inmates during the Admission 
and Orientation information about drug abuse treatment opportunities 
and procedures available at the institution and throughout the Bureau; 
and
    (2) A psychologist or drug abuse treatment staff member shall 
screen all new institution admissions for drug abuse problems.
    (c) The DATC may designate a drug abuse treatment specialist to 
conduct drug education or drug abuse treatment in non-residential or 
residential settings.


Sec. 550.52  Drug abuse education course.

    (a) An inmate is required to participate in the institution's drug 
abuse education course if that inmate has been sentenced or returned to 
custody as a violator after September 30, 1991 and it is determined by 
unit and/or drug abuse treatment program staff, through a combination 
of interview and file review, that:
    (1) There is evidence in the Presentence Investigation that alcohol 
or other drug use contributed to the commission of the instant offense;
    (2) Alcohol or other drug use was a reason for violation of either 
supervision or BOP community status (CCC placement) for which the 
inmate is now incarcerated; or
    (3) The inmate was recommended for drug programming during 
incarceration by the sentencing judge. An inmate may be exempted from 
the required drug abuse education course due to cognitive impairment or 
other learning disabilities only after evaluation and recommendation by 
a psychologist. An inmate may also be exempted from the drug abuse 
education course if that inmate has volunteered for immediate admission 
to a residential drug abuse treatment program, and then proceeds to 
complete that program.
    (b) An inmate who is not required by paragraph (a) of this section 
to participate in the drug abuse education course, but for whom 
participation is recommended or approved by the screening psychologist 
or drug abuse treatment staff for participation, shall be offered the 
opportunity to participate voluntarily in the drug abuse education 
course, provided it is approved by the DATC, space is available, and 
the inmate signs an agreement acknowledging the requirements for 
participating in this course.
    (c) Completion of the drug abuse education course requires 
participating in, and passing an examination on the course. A 
certificate of achievement will be awarded to all who successfully 
complete the program. Inmates required to participate in this program 
ordinarily are provided at least three chances to pass the final 
examination before privileges are lost (see paragraph (d) of this 
section).
    (d) Any inmate who is required by paragraph (a) of this section to 
participate in the drug abuse education course, but who refuses this 
participation, who withdraws, who is expelled, or who otherwise fails 
to meet the attendance and testing standards shall be held at the 
lowest pay grade within the institution and shall be ineligible for 
community programs. The Warden, for good cause, may make exception to 
this paragraph, with such exemptions documented in writing.


Sec. 550.53  Institution residential and non-residential program.

    (a) Participation by an inmate in an institution's residential and/
or nonresidential drug treatment program is voluntary, but such 
participation must be recommended by unit and/or drug treatment staff.
    (1) An inmate may apply for these programs by submitting a request 
to a staff member (ordinarily, a member of the inmate's unit team or 
the DATC).
    (2) An inmate who volunteers to participate in one of the drug 
abuse treatment programs is required to sign an agreement acknowledging 
his/her program responsibility.
    (b) An inmate may apply for an institution's residential treatment 
program at any time during that inmate's incarceration. Residential 
treatment ordinarily consists of treatment in a unit-based setting 
within the institution. Where an institution does not have a 
residential program, the unit team, in coordination with the DATC, may 
consider the inmate for transfer to an institution with this type of 
program.
    (c) An inmate may receive incentives for his or her involvement in 
the residential program. These incentives may include, but are not 
limited to, the following.
    (1) Limited financial awards, based upon the inmate's achievement/
completion of program phases.
    (2) Consideration for the maximum period of time (currently 180 
days) in a Community Corrections Center placement, provided the inmate 
is otherwise eligible for this designation.
    (3) Local institution incentives such as preferred living quarters 
or special recognition privileges. An inmate must meet his/her 
financial program responsibility obligations (see 28 CFR part 545) 
prior to being able to receive an incentive for his/her residential 
program participation.
    (d) An inmate may voluntarily withdraw from a residential drug 
abuse program or, based on disruptive or negative behavior, may be 
removed by staff. Removal from the residential program is within the 
discretion of the DATC, and may result, in part, in the inmate's being 
returned to his/her prior institution (when the inmate had been 
specifically transferred for the purpose of program participation), 
and/or return of tangible incentives previously achieved.
    (e) When residential treatment programming cannot be used due to 
time constraints, staff may refer the inmate for the institution's non-
residential drug treatment. Non-residential treatment ordinarily 
consists of individual and/or group counseling and self-help 
programming.


Sec. 550.54  Transitional services.

    (a) Transitional treatment programming is required for all inmates 
completing an institutions's residential treatment program. 
Transitional treatment includes treatment provided to inmates who, upon 
completing the residential program, return to the general population of 
that or another institution. An inmate's refusal to participate in this 
program is considered a program failure and disqualifies the inmate for 
any additional incentives consideration, and may result in the inmate's 
redesignation.
    (b) An inmate who successfully completes a residential drug abuse 
program and who, based on eligibility, is transferred to a Community 
Corrections Center (CCC), is required to participate in a community-
based treatment program each week, in addition to the required 
employment and other program activities of the CCC. The inmate's 
failure to meet the requirements of treatment may result in the 
inmate's being returned to the institution for refusing a program 
assignment.
    (c) Staff may offer an inmate who has not been involved in the 
institution's drug abuse treatment program the opportunity to become 
involved in the transitional drug treatment program as part of the 
inmate's CCC placement. In addition, with DATC approval, an inmate may 
volunteer, and be accepted for transitional drug treatment programming.
    3. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3621, 3622, 3624, 
3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 5006-5024 (Repealed 
October 12, 1984 as to offenses committed after that date), 5039; 28 
U.S.C. 509, 510; 28 CFR 0.95-0.99.


    4. In Sec. 545.11, a new paragraph (d)(11) is added to read as 
follows:


Sec. 545.11  Procedures.

* * * * *
    (d) * * *
    (11) The inmate will not receive an incentive for participation in 
residential drug treatment programs.
    5. In Sec. 545.23, paragraph (a) is amended by revising the last 
sentence to read as follows:


Sec. 545.23  Inmate work/program assignment.

    (a) * * * An inmate, for whom educational, vocational, or drug 
treatment participation is not required by either policy or statute, 
may request and, upon approval of the Warden or designee, participate 
in an educational or vocational training program or drug treatment 
program rather than work full-time.
* * * * *
    6. In Sec. 545.25, new paragraph (d) is added to read as follows:


Sec. 545.25  Eligibility for performance pay.

* * * * *
    (d) An inmate who is required by 28 CFR 550.51 (c)(1) to 
participate in drug education programming but who fails to do so 
because he or she refuses participation, withdraws, is expelled, or 
fails to meet attendance and testing standards, shall be held at the 
lowest pay grade within the institution.

[FR Doc. 94-367 Filed 1-6-94; 8:45 am]
BILLING CODE 4410-05-P