[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7375]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 544




Control, Custody, Care, Treatment and Instruction of Inmates; Mandatory 
English-as-a-Second Language Program; Interim Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

RIN 1120-AA19

 
Control, Custody, Care, Treatment and Instruction of Inmates; 
Mandatory English-as-a-Second Language Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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SUMMARY: This rule incorporates statutory mandatory functional literacy 
requirements into Bureau of Prisons policy. The functional literacy 
requirements provide that inmates who are not proficient in English 
must participate in an English-as-a-Second-Language (ESL) program until 
they function at the eighth grade level on a nationally recognized 
achievement test. This rule is intended to implement that statute and 
to assist inmates who are not functionally literate in English.

DATES: Effective March 29, 1994. Comments must be submitted by May 31, 
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 adding new 
regulations for a Mandatory English-as-a-Second-Language (ESL) program 
to conform to the mandatory functional literacy requirements of the 
Omnibus Crime Control Act of 1990, 18 U.S.C. 3624(f). The statute 
requires non-English speaking inmates to participate in an ESL program 
until they function at an eighth grade level on a nationally recognized 
educational achievement test. This rule implements the statutory 
requirements by requiring qualified federal inmates to participate in 
an ESL program unless the Warden has excused the inmate for good cause. 
This rule also includes a provision that the program shall include 
incentives to help effectuate inmate motivation and success. In 
addition, this rule includes procedures to identify inmates who qualify 
for the program and recordkeeping requirements to monitor inmate 
progress.
    All qualified inmates should be enrolled in the ESL program unless 
the Warden documents that an inmate has been excused from participation 
in the program for good cause. Implementing instructions to staff 
provide that inmates who are not required to participate may attend if 
the facilities can accommodate them.
    Because these regulations are intended to meet statutory 
requirements, the Bureau finds good cause for exempting the provisions 
of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking. We are, however, interested in receiving public 
comment on the procedures set forth. For this reason, we are publishing 
this document as an interim rule. Members of the public are invited to 
submit comments concerning this rule by writing to the previously cited 
address. These comments will be considered prior to the Bureau 
finalizing the rule 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; this rule 
was 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 544

    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 544 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

    1. The authority citation for 28 CFR part 544 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; 28 
CFR 0.95-0.99.

    2. Subpart E, consisting of Secs. 544.40 through 544.44, is added 
to read as follows:

Subpart E--Mandatory English-as-a-Second Language Program (ESL)

Sec.
544.40  Purpose and scope.
544.41  Applicability: Who must attend the ESL program.
544.42  Procedures.
544.43  Incentives.
544.44  Disciplinary action.

Subpart E--Mandatory English-as-a-Second Language Program (ESL)


Sec. 544.40  Purpose and scope.

    Pursuant to the Crime Control Act of 1990 (18 U.S.C. 3624(f)), 
limited English proficient inmates confined in Federal Bureau of 
Prisons institutions are required to attend an English-as-a-Second 
Language (ESL) program until they function at the equivalence of the 
eighth grade level in competency skills. Waivers to this requirement 
may be granted by the Warden in accordance with Secs. 544.41 and 
544.42.


Sec. 544.41  Applicability: Who must attend the ESL program.

    (a) All Federal prisoners who have limited English proficiency 
skills shall attend an ESL program except:
    (1) Pretrial inmates;
    (2) Inmates committed for purpose of study and observation under 
the provisions of 18 U.S.C. 4205(c) or, effective November 1, 1987, 18 
U.S.C. 3552(b);
    (3) Sentenced aliens with a deportation detainer;
    (4) Other inmates whom, for documented good cause, the Warden may 
excuse from attending the ESL program.
    (b) Staff shall document in the inmate's education file the 
specific reasons for not requiring the inmate to participate in the ESL 
program.


Sec. 544.42  Procedures.

    (a) The Warden at each federal institution shall ensure that 
inmates who at their initial classification are found to be limited 
English proficient are enrolled in the ESL program. Determination of 
limited English proficiency is made by staff on the basis of personal 
interviews and placement testing.
    (b) An inmate who returns to the Federal Bureau of Prisons on a new 
sentence or as a parole violator, and who has not achieved or is unable 
to demonstrate verified achievement of the eighth grade level, must 
provide verification or enroll in the ESL program until that inmate 
achieves such a grade or is granted a waiver for cause.
    (c) The Warden or designee shall assign to an education staff 
member the responsibility to coordinate the institution's ESL program. 
The ESL coordinator or designee shall meet with the inmate for the 
purpose of enrolling the inmate in the ESL program. The ESL coordinator 
shall be responsible for the completion of the official ESL Program 
Record, and shall place it in the inmate's education file.
    (d) Ordinarily, there will be no time limit for completion of the 
ESL mandatory program. However, after 120 calendar days of continuous 
enrollment in an ESL program, excluding sick time, furloughs, and other 
excused absences from scheduled classes, the Warden shall have the 
authority to grant a waiver from further program participation. This 
waiver may be granted when it is determined that the inmate will not 
benefit from further instruction. Each exemption determination shall be 
made on an individual basis and shall be supported by documentation.


Sec. 544.43  Incentives.

    The Warden or designee shall establish a system of incentives to 
encourage an inmate to meet the mandatory ESL program requirements.


Sec. 544.44  Disciplinary action.

    As with any other mandatory programs, such as work assignments, 
staff may take disciplinary action against an inmate when that inmate 
refuses to enroll and participate in, or to meet the minimum 
requirements of the mandatory ESL program.

[FR Doc. 94-7375 Filed 3-28-94; 8:45 am]
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