[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1109]


[[Page Unknown]]

[Federal Register: January 18, 1994]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 543

RIN 1120-AA15

 

Control, Custody, Care, Treatment and Instruction of Inmates; 
Incoming Publications and Inmate Legal Activities

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on Incoming Publications in order to require that 
inmates in medium security, high security, and administrative 
institutions may receive softcover publications only from the 
publisher, book club, or bookstore. Current regulations allow for these 
items to be received from any source. The proposed amendment also 
allows for the Warden to make an exception to this requirement and to 
the existing similar requirement for hardcover publications and 
newspapers. This change is being proposed in order to simplify security 
procedures designed to prevent the introduction of contraband into 
Bureau institutions. Provisions in the Bureau's regulations on Inmate 
Legal Activities which restate the Bureau's policy on receipt of 
incoming publications would be modified accordingly as a conforming 
amendment.

DATES: Comments due by March 21, 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 Incoming Publications. A final rule on this subject 
was published in the Federal Register on June 29, 1979 (44 FR 38260) 
and was amended December 7, 1982 (47 FR 55129) and January 3, 1985 (50 
FR 410). A conforming amendment would be made to the Bureau's 
regulations on Inmate Legal Activities. A final rule on this subject 
was published in the Federal Register on June 29, 1979 (44 FR 38263) 
and was amended December 4, 1981 (46 FR 59509) and July 23, 1990 (55 FR 
29992).
    Current regulations in 28 CFR 540.71 allow an inmate to receive 
paperback books and magazines from any source. This proposed amendment 
would require that at medium security, high security, and 
administrative institutions all softcover publications may be received 
only from the publisher, book club, or book store. This would simplify 
Bureau procedures designed to prevent the introduction of contraband 
into Bureau institutions and would allow for more efficient use of 
Bureau staff and resources. In addition, this amendment would allow the 
Warden to make an exception when a publication is no longer available 
from the publisher, book club, or bookstore. In such cases, the Warden 
may require that the inmate provide written documentation that the 
publication is no longer available from these sources. The approval or 
disapproval of any request is to be documented in writing.
    Bureau regulations on Inmate Legal Activities restate in 
Sec. 543.11(d) the policy on receipt of incoming publications. As a 
conforming amendment, Sec. 543.11(d) is also revised.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12886, and 
accordingly this rule was not reviewed by the Office of Management and 
Budget. 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.
    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.

List of Subjects in 28 CFR Parts 540 and 543

    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), it is proposed to amend parts 540 
and 543 in subchapter C of 28 CFR, chapter V as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3621, 3622, 
3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 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.

    2. In Sec. 540.71, paragraph (a) is revised to read as follows:

Sec. 540.71  Procedures.

    (a)(1) At all Bureau institutions, an inmate may receive hardcover 
publications and newspapers only from the publisher, from a book club, 
or from a bookstore.
    (2) At medium security, high security, and administrative 
institutions, an inmate may receive softcover publications only from 
the publisher, from a book club, or from a bookstore.
    (3) At minimum security and low security institutions, an inmate 
may receive softcover publications (other than newspapers) from any 
source.
    (4) The Warden may make an exception to the provisions of 
paragraphs (a)(1) and (2) of this section if the publication is no 
longer available from the publisher, book club, or bookstore. The 
Warden may require that the inmate provide written documentation that 
the publication is no longer available from these sources. The approval 
or disapproval of any request for an exception is to be documented in 
writing.
* * * * *

PART 543--LEGAL MATTERS

    3. The authority citation for 28 CFR part 543 continues to read as 
follows:

    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), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510, 
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.

    4. In Sec. 543.11, paragraph (d) is amended by revising the first 
sentence as follows and by removing the third and fourth sentences:


Sec. 543.11  Legal research and preparation of legal documents.

* * * * *
    (d) An inmate may receive or purchase law materials from outside 
the institution in accordance with the provisions on the receipt of 
incoming publications (see Sec. 540.71 (a) of this chapter), but the 
Warden may reject material if there is a compelling reason in the 
interest of institution security, good order, or discipline.* * *
* * * * *
[FR Doc. 94-1109 Filed 1-14-94; 8:45 am]
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