[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-3285] [[Page Unknown]] [Federal Register: February 11, 1994] _______________________________________________________________________ Part XI Department of Justice _______________________________________________________________________ Bureau of Prisons _______________________________________________________________________ 28 CFR Part 524 Control, Custody, Care, Treatment and Instruction of Inmates: Progress Reports; Final Rule DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 524 Control, Custody, Care, Treatment and Instruction of Inmates; Progress Reports AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Bureau of Prisons is amending its rule on Progress Reports in order to update information noted on the progress report, to specify time frames for the preparation of a progress report, to allow for waiver by the inmate of the two-thirds review hearing, to eliminate provisions for the retention of outdated progress reports, and to make other procedural changes. This amendment is intended to update agency procedures (including clarification for inmates committed under the Sentence Reform Act) and to conform to Parole Commission procedures concerning waiver of the two-thirds review hearing. EFFECTIVE DATE: February 11, 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 Progress Reports. A final rule on this subject was published in the Federal Register on December 3, 1990 (55 FR 49976). Revised procedures of the Parole Commission allow for waiver by an inmate of the hearing on two-thirds review. Section 524.41(b) is therefore amended to specify that a progress report is prepared for a two-thirds review unless the inmate has waived the parole hearing. As a separate procedural change, paragraph (a) of this section is amended to specify a time frame for a progress report being prepared for an inmate's initial parole hearing. An inmate committed under the Sentence Reform Act is not eligible for parole, but may instead be eligible for release to a term of supervision. Existing regulations in 28 CFR 524.41(c) specify that a progress report is prepared as a pre-release record review at least eight months prior to the inmate's presumptive parole date. This amendment provides for the preparation of a progress report for release of an offender to a term of supervision. Paragraph (d) of Sec. 524.41 is amended to specify the same time frame (i.e., within the previous 180 days) used in paragraph (a) of the section. Paragraph (e) of Sec. 524.41 is redesignated as paragraph (f), and a new paragraph (e) is added to specify that a progress report be prepared at least once every twenty four months for each designated inmate. This is intended to help ensure continuity in maintaining records of an inmate's institutional adjustment and accomplishments. Section 524.42, Retention of reports, is removed. Each progress report contains a summary of previous progress reports, and the Bureau believes it unnecessary to retain the outdated reports. Former Secs. 524.43 and 524.44 are redesignated as Secs. 524.42 and 524.43. Redesignated Sec. 524.42 is revised to update the information contained in the current progress report. Internal instructions to staff specify that the information required by paragraph (p) on institutional adjustment summarizes information from previous progress reports. Redesignated Sec. 524.43 is revised to clarify the inmate's access to progress reports in light of the change in procedures regarding retention of progress reports. Copies of previous progress reports will not be available as they are no longer being retained in the inmate's central file following the preparation of a new progress report. As revised, Sec. 524.43 specifies that copies are to be offered to inmates when they are newly prepared. Requests for copies of progress reports ordinarily are made by inmates at this time. If the inmate desires to receive a copy of a previous progress report, the inmate should so request before the progress report is purged from his or her central file. Because these amendments involve procedural matters and impose no additional restrictions on 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 524 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 524 in subchapter B of 28 CFR, chapter V is amended as set forth below. Subchapter B--Inmate Admission, Classification, and Transfer PART 524--CLASSIFICATION OF INMATES 1. The authority citation for 28 CFR part 524 continues to read as follows: Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 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; 21 U.S.C. 848; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99. 2. Section 524.41 is amended by revising paragraphs (a), (b), (c), and (d), by redesignating paragraph (e) as paragraph (f), and by adding a new paragraph (e) to read as follows: Sec. 524.41 Types of progress reports. * * * * * (a) Initial Hearing--prepared for an inmate's initial parole hearing when progress has not been summarized within the previous 180 days. (b) Statutory Interim/Two-Thirds Review--prepared for a parole hearing conducted 18 or 24 months following a hearing at which no effective parole date was established, or for a two-thirds review (see 28 CFR 2.53) unless the inmate has waived the parole hearing. (c) Pre-Release-- (1) Record Review--prepared for and mailed to the appropriate Parole Commission office at least eight months prior to the inmate's presumptive parole date. (2) Final--prepared at least 90 days prior to the release of an offender to a term of supervision. (d) Transfer Report--prepared on an inmate recommended and/or approved for transfer to a community corrections center (CCC) or to another institution and whose progress has not been summarized within the previous 180 days. (e) Biennial Report--a progress report shall be completed on each designated inmate at least once every 24 months if not previously generated for another reason required by this section. * * * * * Sec. 524.42 [Removed] Secs. 524.43 and 524.44 [Redesignated as Secs. 524.42 and 524.43 and Revised] 3. Section 524.42 is removed and Secs. 524.43 and 524.44 are redesignated as Secs. 524.42 and 524.43 and are revised to read as follows: Sec. 524.42 Content of progress reports. Staff shall include the following in each progress report: (a) Institution (full name) and Date; (b) Type of Progress Report; (c) Committed name; (d) Registration number; (e) Age; (f) Present security and custody level; (g) Offense(s) for which committed; (h) Sentence; (i) Date sentence began; (j) Time served to date, including jail time credit; (k) Good conduct time/Extra good time earned; (l) Statutory good time withheld or forfeited; Disallowed good conduct time; (m) Projected release date; (n) Most recent Parole Commission action, including any special conditions or requirements (if applicable); (o) Detainers and pending charges on file; (p) Institutional adjustment; this ordinarily includes information on the inmate's: (1) Program plans; (2) Work assignments and skills acquired; (3) Educational/vocational participation; (4) Counseling programs; (5) Incident reports; (6) Institutional movement; (7) Physical and mental health, including any significant mental or physical health problems, and any corrective action taken; and (8) Financial responsibility. (q) Release planning: (1) Where appropriate, staff shall request that the inmate provide a specific release plan; (2) Staff shall identify available release resources (including CCC) and any particular problem that may be present in release planning. Sec. 524.43 Inmate's access to progress reports. Upon request, an inmate may read and receive a copy of any progress report retained in the inmate's central file which had been prepared on that inmate after October 15, 1974. Staff shall allow the inmate the opportunity to read a newly prepared progress report and shall request the inmate sign and date the report. If the inmate refuses to do so, staff witnessing the refusal shall document this refusal on the report. Staff shall then offer to provide a copy of the progress report to the inmate. [FR Doc. 94-3285 Filed 2-10-94; 8:45 am] BILLING CODE 4410-05-P