[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2850]


[[Page Unknown]]

[Federal Register: February 8, 1994]


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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Parts 511 and 551




Control, Custody, Care, Treatment and Instruction of Inmates; Final 
Rule and Proposed Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 511

RIN 1120-AA01

 
Control, Custody, Care, Treatment and Instruction of Inmates; 
Searching/Detaining of Non-Inmates

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 searching/detaining of non-inmates to incorporate statutory changes 
concerning arrest authority for employees of the Bureau of Prisons, to 
clarify terminology concerning contraband and prohibited objects, and 
to make minor editorial changes.

EFFECTIVE DATE: February 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 amending its 
regulations on searching/detaining of non-inmates. A final rule on this 
subject was published in the Federal Register November 1, 1984 (49 FR 
44057) and amended July 18, 1986 (51 FR 26126) and February 1, 1991 (56 
FR 4159). A summary of the changes promulgated in this document 
follows.
    Arrest authority for employees of the Bureau of Prisons, which is 
contained in section 3050 of title 18 of the United States Code, was 
broadened by Public Law 99-646. This document revises paragraph (b) of 
28 CFR 511.10 to reflect that broadened authority. Paragraph (a) of 
Sec. 511.10 is revised to clarify the equivalence of contraband and 
prohibited objects. Section 511.11 is amended by clarifying the 
provisions in paragraph (a) concerning reasonable suspicion which is 
based upon confidential information, by removing extraneous language 
from paragraph (b) and correcting punctuation in paragraph (b) for the 
sake of editorial consistency, and by adding a definition of prohibited 
objects in new paragraph (c). In Sec. 511.12, paragraph (d) is amended 
by adding a phrase inadvertently omitted in a previous amendment to the 
section.
    Because these changes either merely conform the regulations to 
current provisions of the United States Code, clarify existing 
provisions, or are editorial in nature, 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. 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 511

    Prisoners.

    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 511 in subchapter A of 28 
CFR, chapter V is amended as set forth below.
Kathleen M. Hawk,
Director, Bureau of Prisons.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 511--GENERAL MANAGEMENT POLICY

    1. The authority citation for 28 CFR part 511 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793, 
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed 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, 6.1.

    2. In 28 CFR part 511, the heading for subpart B is revised to read 
as follows:

Subpart B--Searching/Detaining of Non-Inmates

    3. Section 511.10 is revised to read as follows:


Sec. 511.10  Purpose and scope.

    (a) In an effort to prevent the introduction of contraband (such 
prohibited objects as defined in Sec. 511.11(c)) into an institution, 
Bureau of Prisons staff may subject all persons entering an 
institution, or during their presence in an institution, to a search of 
their persons and effects.
    (b) Title 18, United States Code, section 3050 authorizes Bureau of 
Prisons employees (does not include United States Public Health Service 
employees)--
    (1) to make an arrest on or off Bureau of Prisons premises without 
warrant for violation of the following provisions regardless of where 
the violation may occur: Sec. 111 (assaulting officers), Sec. 751 
(escape), Sec. 752 (assisting escape) of title 18, United States Code, 
and Sec. 1826(c) (escape) of title 28, United States Code;
    (2) to make an arrest on Bureau of Prisons premises or reservation 
land of a penal, detention, or correctional facility without warrant 
for violation occurring thereon of the following provisions: Sec. 661 
(theft), Sec. 1361 (depredation of property), Sec. 1363 (destruction of 
property), Sec. 1791 (contraband), Sec. 1792 (mutiny and riot), and 
Sec. 1793 (trespass) of title 18, United States Code, and
    (3) to arrest without warrant for any other offense described in 
title 18 or 21 of the United States Code, if committed on the premises 
or reservation of a penal or correctional facility of the Bureau of 
Prisons if necessary to safeguard security, good order, or government 
property. Bureau policy provides that such an arrest may be made when 
staff has probable cause to believe that a person has committed one of 
these offenses and when there is likelihood of the person escaping 
before a warrant can be obtained.
    4. Section 511.11 is revised to read as follows:


Sec. 511.11  Definitions

    (a) Reasonable suspicion. As used in this rule, ``reasonable 
suspicion'' exists if the facts and circumstances that are known to the 
Warden warrant rational inferences by a person with correctional 
experience that a person is engaged, or attempting or about to engage, 
in criminal or other prohibited behavior. A reasonable suspicion may be 
based on reliable information, even if that information is 
confidential; on a positive reading of a metal detector; or when 
contraband or an indicia of contraband is found during search of a 
visitor's personal effects.
    (b) Probable cause. As used in this rule, ``probable cause'' exists 
if the facts and circumstances that are known to the Warden would 
warrant a person of reasonable caution to believe that an offense has 
been committed.
    (c) Prohibited object. A firearm or destructive device; ammunition; 
a weapon or an object that is designed or intended to be used as a 
weapon or to facilitate escape from a prison; a narcotic drug, lysergic 
acid diethylamide, or phencyclidine; a controlled substance or 
alcoholic beverage; any United States or foreign currency; and any 
other object that threatens the order, discipline, or security of a 
prison, or the life, health, or safety of an individual.


Sec. 511.12  [Amended]

    5. In Sec. 511.12, paragraph (d) is amended by revising the phrase 
``or is attempting to introduce'' to read ``or is introducing or 
attempting to introduce''.

[FR Doc. 94-2850 Filed 2-7-94; 8:45 am]
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