[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1367]
[[Page Unknown]]
[Federal Register: January 21, 1994]
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Part III
Department of Justice
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Bureau of Prisons
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28 CFR Part 570
Control, Custody, Care, Treatment and Instruction of Inmates;
Furloughs; Final Rule and Proposed Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
Control, Custody, Care, Treatment and Instruction of Inmates;
Furloughs
AGENCY: Bureau of Prisons, Justice.
ACTION: Final Rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its rule
on furloughs. This amendment removes unnecessary statutory and program
references and updates references to authorizing Bureau staff,
programs, and facilities. This amendment is intended to implement
administrative provisions ensuring the continued efficient operation of
the Bureau of Prisons.
EFFECTIVE DATE: January 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 amending its
regulations on Furloughs. A final rule on this subject was published in
the Federal Register July 1, 1981 (46 FR 34552) and was amended
September 30, 1983 (48 FR 45051). A summary of this document's changes
follows.
Section 570.30 currently contains reference to statutory authority
for granting of furlough (18 U.S.C. 4082(c)) given to the Attorney
General and re-delegated to the Director of the Bureau of Prisons by
the Attorney General in 28 CFR 0.96(d). This statutory authority needs
to be updated to reflect the applicability of 18 U.S.C. 3622. An
updated statutory authority, however, is already present in the
authority citation for part 570. There is no need to duplicate these
references in the text of the regulation, and accordingly the statutory
references in Sec. 570.30 are being removed.
In Sec. 570.31, paragraph (a) is revised to remove reference to the
work/study release program. This is a conforming amendment made in
acknowledgement that the work/study release program has previously been
canceled.
In Sec. 570.32, paragraph (a)(9) is revised to rename UNICOR work
assignments as Federal Prison Industries (FPI) work assignments.
Paragraph (b)(1) is revised to specify that the Regional Health
Services Administrator is the approving official for furloughs when the
cost of medical care is at the expense of the government and is to be
notified in all other medical cases involving emergency furloughs.
References in Sec. 570.33(b) and (c) and in Sec. 570.34(b) to
community treatment centers are being replaced with references to
community corrections centers. This change is necessary to reflect a
change in nomenclature for such facilities. In addition, reference in
paragraph (b) to UNICOR work assignments has been updated as noted
above.
Because these amendments are administrative in nature and impose no
new restrictions upon inmates, the Bureau finds good cause for
exempting the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and delay in effective date. Members of the public may
submit comments concerning this rule by writing to the previously cited
address. These comments will be considered but will receive no response
in the Federal Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, 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.
List of Subjects in 28 CFR Part 570
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), part 570 in subchapter D of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 570--COMMUNITY PROGRAMS
1. The authority citation for 28 CFR part 570 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001,
4042, 4081, 4082 (Repealed in part as to offenses committed on or
after November 1, 1987), 4161-4166, 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.
Sec. 570.30 [Amended].
2. Section 570.30 is amended by removing the first sentence.
3. In Sec. 570.31, paragraph (a) introductory text is revised to
read as follows:
Sec. 570.31 Definitions.
(a) A furlough is an authorized absence from an institution by an
inmate who is not under escort of a staff member, U.S. Marshal, or
state or federal agents. The two types of furlough are:
* * * * *
4. In Sec. 570.32, paragraphs (a)(9) and (b)(1) are revised to read
as follows:
Sec. 570.32 Justification for furloughs.
(a) * * *
(9) To participate in special training courses or in institution
work assignments, including Federal Prison Industries (FPI) work
assignments, of 30 calendar days or less, when daily commuting from the
institution is not feasible.
(b) * * *
(1) Staff shall contact the Regional Health Services Administrator
for approval when the cost of medical care is at the expense of the
government. In case of medical emergency, staff may authorize a
furlough for hospitalization and shall notify the Regional Health
Services Administrator as soon after the emergency admission as
possible.
* * * * *
5. In Sec. 570.33, paragraphs (b) and (c) are revised to read as
follows:
Sec. 570.33 Expenses of furlough.
* * * * *
(b) The government may bear the expense of a furlough only when the
purpose of the furlough is to obtain necessary medical, surgical,
psychiatric, or dental treatment not otherwise available, or to
transfer an inmate to another correctional institution (includes
community corrections centers), or, if it is for the primary benefit of
the government, to participate in special training courses or
institutional work assignments (including FPI work assignments) as
outlined in Sec. 570.32(a)(9).
(c) The Warden may allow an inmate scheduled for transfer to a
community corrections center (CCC) to choose the means of
transportation to the CCC in the following situations. An inmate
traveling under the provisions of paragraph (c) of this section is
expected to go directly from the institution to the CCC.
(1) Where the distance from the transferring institution to the CCC
is not over 150 miles, provided the inmate pays all transportation
costs.
(2) Where the distance from the transferring institution to the CCC
is over 150 miles and the inmate prefers to travel by plane rather than
by public ground transportation (e.g., bus), provided the inmate pays
the difference in cost between the air and public ground travel.
6. In Sec. 570.34, paragraph (b) is revised to read as follows:
Sec. 570.34 Eligibility requirements.
* * * * *
(b) The Warden may grant a furlough to an inmate with ``out''
custody only when the furlough is for the purpose of transferring
directly to another institution (except community corrections centers)
or for obtaining local medical treatment not otherwise available at the
institution.
[FR Doc. 94-1367 Filed 1-19-94; 4:15 pm]
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