[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16693]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Part 571




Release Preparation Program; Final Rule

List of Bureau of Prisons Institutions; Notice
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1018-F]
RIN 1120-AA24

 
Release Preparation Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is revising its 
regulations on inmate release preparation to provide for greater 
standardization for institution programs and to make various editorial 
or organizational changes. As revised, this program is intended to 
enhance the likelihood that sentenced inmates will successfully 
reintegrate into the community upon their release from incarceration.

EFFECTIVE DATE: August 10, 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 Pre-Release Program (28 CFR part 571, subpart A), which 
will now be entitled Release Preparation Program. A final rule on this 
subject was published in the Federal Register June 30, 1980 (45 FR 
44234) and was amended on September 30, 1983 (48 FR 45053).
    The primary change in these amendments is to provide for greater 
standardization in release preparation programming at Bureau 
institutions. New section 571.13 contains the core curriculum of 
topics/courses to be offered. Other amendments are primarily editorial 
in nature and make no change in the intent of the regulations. For ease 
of use, the entire subpart is being revised. A summary of the changes 
follows.
    As noted above, the title of the program has been changed from 
``pre-release program'' to ``release preparation program''. This change 
is reflected in revised Sec. 571.10, Sec. 571.11 (b) and (d) (formerly 
Sec. 571.11(a) (2) and (4)), Sec. 571.12 (a) and (b).
    Section 571.10 is further amended to reflect the Bureau's 
recognition of the continuity of an inmate's needs for release 
preparation and to standardize the release preparation program for all 
sentenced inmates reintegrating into the community from Bureau 
facilities.
    Section 571.11 is further amended by adjusting the codification for 
the purpose of editorial consistency. Former paragraph (a)(1) has been 
removed. This provision is addressed more completely in new Sec. 571.13 
(b). As revised, the introductory text and paragraph (a) of new 
Sec. 571.11 specify that a designated staff member has the 
responsibility to determine the general release needs of the inmate 
population. These provisions replace the provisions of former 
paragraphs (a) introductory text and (a)(2). Former paragraphs (a) (3) 
and (4) are revised as paragraphs (b) and (d), and a new paragraph (c) 
is added specifying that the designated staff member chairs the 
institution's Release Preparation Program Committee.
    In Sec. 571.12, paragraph (b) has been revised to remove reference 
to requirements for inmate participation in a specific number of 
sessions. The intent of the revised paragraph is that the inmate is 
responsible for registering in recommended release preparation courses. 
Documentation of the inmate's participation in the program serves to 
help staff measure the institutional adjustment of the inmate.
    The provisions in former paragraphs (c), (d), and (e) of 
Sec. 571.12 have been revised as paragraphs (c), (d), and (e) of a new 
Sec. 571.13 on the institution release preparation program. New 
paragraph (a) of Sec. 571.13 specifies that the institution's release 
preparation program shall be administered by the Release Preparation 
Program Committee. New paragraph (b) of Sec. 571.13 states the core 
curriculum of the institution program: health and nutrition, 
employment, personal finance/consumer skills, information/community 
resources, release requirements and procedures, and personal growth and 
development.
    Because these changes are administrative in nature and do not 
impose further 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 571

    Prisoners.
Wade B. Houk,
Acting 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 571 in subchapter D of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

    1. The authority citation for 28 CFR part 571 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed 
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. 
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

    2. Subpart B, consisting of Secs. 571.10 through 571.12, is revised 
to consist of Secs. 571.10 through 571.13 and reads as follows:

Subpart B--Release Preparation Program

Sec.
571.10  Purpose and scope.
571.11  Program responsibility.
571.12  General characteristics.
571.13  Institution release preparation program.

Subpart B--Release Preparation Program


Sec. 571.10   Purpose and scope.

    The Bureau of Prisons recognizes that an inmate's preparation for 
release begins at initial commitment and continues throughout 
incarceration and until final release to the community. This policy 
establishes a standardized release preparation program for all 
sentenced inmates reintegrating into the community from Bureau 
facilities.


Sec. 571.11   Program responsibility.

    The Warden shall designate to a staff member the responsibility to:
    (a) Determine the general release needs of the inmate population;
    (b) Coordinate the institution release preparation program;
    (c) Chair the Release Preparation Program Committee;
    (d) Contact and schedule volunteers from the local community to 
participate in the release preparation program.


Sec. 571.12   General characteristics.

    (a) Staff shall structure the release preparation program to make 
extensive use of staff, inmate, and community resources.
    (b) Staff shall strongly encourage and support an inmate's 
participation in the institution release preparation program. Staff 
shall document the inmate's participation in the program in the 
inmate's central file.


Sec. 571.13   Institution release preparation program.

    (a) The institution release preparation program shall be 
administered by the Release Preparation Program Committee.
    (b) The institution release preparation program will be based on a 
core curriculum of topics/courses organized into six broad categories. 
The six categories are:
    (1) Health and nutrition.
    (2) Employment.
    (3) Personal finance/consumer skills.
    (4) Information/community resources.
    (5) Release requirements and procedures.
    (6) Personal growth and development.
    (c) To assist in the release process, the Warden may, in accordance 
with the Bureau of Prisons' rule on furloughs, grant an inmate a 
furlough for release preparation purposes.
    (d) Staff shall help an inmate obtain proper identification (social 
security card, driver's license, birth certificate, and/or any other 
documents needed by the inmate) prior to release.
    (e) An inmate who is not being released through a Community 
Corrections Center (CCC) may ask staff to request the assistance of a 
United States Probation Officer in establishing a release plan. Bureau 
staff are to encourage the inmate to give at least one employment lead 
or contact. Where the inmate or the inmate's family has already 
identified employment, the case manager shall notify the United States 
Probation Officer so that the usual verification of release plans may 
be made. Where employment has not been identified, the case manager 
shall notify the United States Probation Officer of the employment 
need. This notification should ordinarily occur at least six weeks 
prior to the inmate's release.

[FR Doc. 94-16693 Filed 7-8-94; 8:45 am]
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