[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11101]


[[Page Unknown]]

[Federal Register: May 9, 1994]


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Part IV





Department of Justice





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Bureau of Prisons



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28 CFR Part 527




Transfer of Inmates After Conviction; Rescission; Final Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 527

[BOP-1023-F]

 
Transfer of Inmates After Conviction; Rescission

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is rescinding its 
regulations on Transfer of Inmates after Conviction because the 
provisions contained in these regulations are sufficiently expressed in 
pertinent Federal Rules and consequently do not need to be restated as 
regulations.

EFFECTIVE DATE: May 9, 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 rescinding its 
regulations on Transfer of Inmates after Conviction (28 CFR 527.20). A 
final rule on this subject was published in the Federal Register April 
4, 1980 (45 FR 23365).
    In accordance with E.O. 12866, the Bureau of Prisons is reviewing 
its regulations for the purpose of ensuring that it promulgates only 
such regulations as are required by law, are necessary to interpret the 
law, or are made necessary by compelling public need. The Bureau has 
determined that provisions for transfer of inmates after conviction 
pertinent to Rule 38 of the Federal Rules of Criminal Procedure (more 
specifically, paragraph (b) with respect to inmates convicted of 
offenses committed on or after November 1, 1987, and paragraph (a)(2) 
for inmates convicted of offenses committed prior to November 1, 1987) 
are sufficiently expressed in the pertinent statute and that 
consequently there is no need to restate these provisions in Bureau 
regulations.
    Section 527.20 had stated that the Bureau of Prisons adhered to 
Rule 38(a)(2) of the Federal Rules of Criminal Procedure. This Rule 
provides, in part, that if a sentence of imprisonment is not stayed, 
the court may recommend to the Attorney General that the defendant be 
retained at, or transferred to, a place of confinement near the place 
of trial or the place where the appeal is to be heard, for a period 
reasonably necessary to permit the defendant to assist in the 
preparation of his appeal to the court of appeals. Section 527.20 
further stated that the Bureau shall make every effort to place the 
inmate in such a facility, unless a reason exists for not placing the 
inmate in that facility, in which case the matter is called to the 
attention of the court and an attempt is made to arrive at an 
acceptable place of confinement.
    The Bureau has explicit statutory authority and delegated authority 
to designate the place of a prisoner's confinement (see 18 U.S.C. 3621, 
4082 (applicable to offenses committed prior to November 1, 1987), and 
28 CFR 0.96(c)). Internal agency procedures provide sufficient guidance 
in consideration of court recommendations for the place of confinement 
made under either Rule 38(a)(2) or (b).
    Because this rescission imposes no new 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 527

    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 527 in subchapter B of 28 
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 527--TRANSFERS

    1. The authority citation for 28 CFR part 527 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624, 
4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to 
offenses committed on or after November 1, 1987), 4201-4218, 5003, 
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.

Subpart C--[Removed and Reserved]

    2. Subpart C, consisting of Sec. 527.20, is removed and reserved.
[FR Doc. 94-11101 Filed 5-6-94; 8:45 am]
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