[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24362]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 542

[BOP-1014-P]
RIN 1120-AA20

 

Administrative Remedy Program

AGENCY: Federal Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to revise 
its regulations on the Administrative Remedy Program. These regulations 
describe the process through which inmates may seek formal review of 
any issue related to their confinement. The proposed changes are deemed 
necessary in order to attend to increased numbers of remedy requests 
occasioned by the continued growth of the inmate population. Proposed 
procedural changes include increases in the time limits set for inmate 
filing of requests and for Bureau responses; additional specifications 
for the provision of assistance to inmates; and increased access to 
Administrative Remedy indexes.

DATES: Comments due by December 2, 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 proposing to amend 
its regulations on the Administrative Remedy Program. A final rule on 
this subject was published in the Federal Register on October 29, 1979 
(44 FR 62250), and was amended December 27, 1979 (44 FR 76726), 
November 20, 1991 (56 FR 58634), and on October 29, 1993 (58 FR 58246).
    The proposed revision set forth below is the first major change to 
the Bureau's Administrative Remedy Program since its adoption on 
October 29, 1979. Subsequent growth of the inmate population has 
resulted in an increase in the number of remedy requests filed. As a 
means of effectively addressing this situation, the Bureau has 
reorganized its regulation, currently entitled Administrative Remedy 
Procedure for Inmates, for the sake of clarity, and is proposing 
various efficiencies in the procedures for processing remedy requests.
    Procedural efficiencies include making adjustments to the time 
limits for filing requests by inmates and for responses by the Bureau. 
The time limit for submission of an initial remedy request by an inmate 
has been lengthened to 20 calendar days following the date on which the 
basis for the request had occurred. Current regulations specify a 15-
day limit. The time limit for submission of an appeal to the General 
Counsel has been lengthened to 30 calendar days following the date 
Regional Counsel signed the response. The proposed time limits for 
agency responses have also been lengthened, from 15 to 20 calendar days 
at the institution level, and from 30 to 40 calendar days at the 
Central Office level.
    Additional revisions include additional guidelines in the following 
areas: informal resolution, forms, and assistance to inmates. Also, 
advances in recordkeeping technology have now made it possible to 
expand the provisions for access to remedy indexes.
    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.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Bureau of 
Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534. 
Comments received during the comment period will be considered before 
final action is taken. All comments received remain on file for public 
inspection at the above address. The proposed rule may be changed in 
light of the comments received. No oral hearings are contemplated. 
List of Subjects in 28 CFR Part 542 
    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), it is proposed to revise part 542 
in subchapter C of 28 CFR, chapter V as set forth below. 
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT 
    1. 28 CFR part 542 is revised to read as follows: 
PART 542--ADMINISTRATIVE REMEDY 
Subpart A--[Reserved] 
Subpart B--Administrative Remedy Program 
Sec.
542.10  Purpose and scope.
542.11  Responsibility.
542.12  Excluded matters.
542.13  Informal resolution.
542.14  Initial filing.
542.15  Appeals.
542.16  Assistance.
542.17  Resubmission.
542.18  Response time.
542.19  Access to indexes and responses.

    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.

Subpart A--[Reserved]

Subpart B--Administrative Remedy Program


Sec. 542.10  Purpose and scope.

    The Administrative Remedy Program is a process through which 
inmates may seek formal review of an issue which relates to any aspect 
of their confinement, except as excluded in Sec. 542.12, if less formal 
procedures have not resolved the matter. This Program applies to all 
inmates confined in Bureau of Prisons institutions, to inmates 
designated to contract Community Corrections Centers (CCCs) under 
Bureau of Prisons responsibility, and to former inmates for issues that 
arose during their confinement, but does not apply to inmates confined 
in other non-federal facilities.


Sec. 542.11  Responsibility.

    (a) The Community Corrections Manager (CCM), Warden, Regional 
Director, and General Counsel are responsible for the implementation 
and operation of the Administrative Remedy Program at the Community 
Corrections Center (CCC), institution, regional and Central Office 
levels, respectively, and shall:
    (1) Establish procedures for receiving, recording, reviewing, 
investigating, and responding to Administrative Remedy Requests 
(Requests) or Appeals (Appeals) submitted by an inmate;
    (2) Acknowledge receipt of a Request or Appeal by returning a 
receipt to the inmate;
    (3) Conduct an investigation into each Request or Appeal;
    (4) Respond to and sign all Requests or Appeals filed at their 
levels. At the regional level, signatory authority may be delegated to 
the Deputy Regional Director. At the Central Office level, signatory 
authority may be delegated to the National Inmate Appeals 
Administrator. Signatory authority extends to staff designated as 
acting in the capacities specified in this Sec. 542.11, but may not be 
further delegated without the written approval of the General Counsel.
    (b) Inmates have the responsibility to use this Program in good 
faith and in an honest and straightforward manner.


Sec. 542.12  Excluded matters.

    (a) An inmate may not use this Program to submit a Request or 
Appeal on behalf of another inmate. This program is intended to address 
concerns that are personal to the inmate making the Request or Appeal, 
but shall not prevent an inmate from obtaining assistance in preparing 
a Request or Appeal, as provided in Sec. 542.16 of this part.
    (b) Requests or Appeals will not be accepted under the 
Administrative Remedy Program for claims for which other administrative 
procedures have been established, including tort claims, Inmate 
Accident Compensation claims, and Freedom of Information or Privacy Act 
requests. Staff shall inform the inmate in writing of the appropriate 
administrative procedure if the Request or Appeal is not acceptable 
under the Administrative Remedy Program.


Sec. 542.13  Informal resolution.

    (a) Informal Resolution. Except as provided in Sec. 542.13(b), an 
inmate shall first present an issue of concern informally to staff, and 
staff shall attempt to informally resolve the issue before an inmate 
submits a Request for Administrative Remedy.
    (b) Exceptions. Inmates in CCCs are not required to attempt 
informal resolution. An informal resolution attempt is not required 
prior to submission to the Regional or Central Office as provided for 
in Sec. 542.14(d) of this part. An informal resolution attempt may be 
waived in individual cases at the Warden or institution Administrative 
Remedy Coordinator's discretion when the inmate demonstrates an 
acceptable reason for bypassing informal resolution.


Sec. 542.14  Initial filing.

    (a) Submission. After the required informal resolution attempt, an 
inmate may submit a formal written Administrative Remedy Request on the 
appropriate form (BP-9), within 20 calendar days of the date on which 
the basis for the Request occurred.
    (b) Extension. Where the inmate demonstrates a valid reason for 
delay, an extension in filing time may be allowed. In general, valid 
reason for delay means a situation which prevented the inmate from 
submitting the request within the established time frame. Valid reasons 
for delay include the following: an extended period in-transit during 
which the inmate was separated from documents needed to prepare the 
Request or Appeal; an extended period of time during which the inmate 
was physically incapable of preparing a Request or Appeal; an unusually 
long period taken for informal resolution attempts; indication by an 
inmate, verified by staff, that a response to the inmate's request for 
copies of dispositions requested under Sec. 542.19 of this part has not 
been received.
    (c) Form. (1) The inmate shall obtain the appropriate form from CCC 
staff or institution staff (ordinarily, the correctional counselor).
    (2) The inmate shall place a single complaint or a reasonable 
number of closely related issues on the form. If the inmate includes on 
a single form multiple unrelated issues, the submission shall be 
rejected and returned without response, and the inmate shall be advised 
to use a separate form for each unrelated issue. For DHO and UDC 
appeals, each separate incident report number must be appealed on a 
separate form.
    (3) The inmate shall complete the form with all requested 
identifying information and shall state the complaint in the space 
provided on the form. If more space is needed, the inmate may use up to 
one letter-size (8 \1/2\'' by 11'') continuation page. The inmate must 
provide an additional three copies of any continuation page. The inmate 
must submit one copy of supporting exhibits. Exhibits will not be 
returned with the response. Because copies of exhibits must be filed 
for any appeal (see Sec. 542.15(b)(3)), the inmate is encouraged to 
retain a copy of all exhibits for his or her personal records.
    (4) The inmate shall date and sign the Request and submit it to the 
institution staff member designated to receive such Requests 
(ordinarily a correctional counselor). CCC inmates may mail their 
Requests to the CCM.
    (d) Exceptions to initial filing at institution--(1) Sensitive 
issues. If the inmate reasonably believes the issue is sensitive and 
the inmate's safety or well-being would be placed in danger if the 
Request became known at the institution, the inmate may submit the 
Request directly to the appropriate Regional Director. The inmate shall 
clearly mark ``Sensitive'' upon the Request and explain, in writing, 
the reason for not submitting the Request at the institution. If the 
Regional Administrative Remedy Coordinator agrees that the Request is 
sensitive, the Request shall be accepted. Otherwise, the Request will 
not be accepted, and the inmate shall be advised in writing of that 
determination, without a return of the Request. The inmate may pursue 
the matter by submitting an Administrative Remedy Request locally to 
the Warden. The Warden shall allow a reasonable extension of time for 
such a resubmission.
    (2) DHO appeals. DHO appeals shall be submitted initially to the 
Regional Director for the region where the inmate is currently located.
    (3) Control unit appeals. Appeals related to Executive Panel 
Reviews of Control Unit placement shall be submitted directly to the 
General Counsel.
    (4) Controlled housing status appeals. Appeals related to the 
Regional Director's review of controlled housing status placement may 
be filed directly with the General Counsel.


Sec. 542.15  Appeals.

    (a) Submission. An inmate who is not satisfied with the Warden's 
response may submit an Appeal on the appropriate form (BP-10) to the 
appropriate Regional Director within 20 calendar days of the date the 
Warden signed the response. An inmate who is not satisfied with the 
Regional Director's response may submit an Appeal on the appropriate 
form (BP-11) to the General Counsel within 30 calendar days of the date 
the Regional Director signed the response. When the inmate demonstrates 
a valid reason for delay, these time limits may be extended. Valid 
reasons for delay include those situations described in Sec. 542.14(b) 
of this part. Appeal to the General Counsel is the final administrative 
appeal.
    (b) Form. (1) Appeals to the Regional Director shall be submitted 
on the form designed for regional Appeals (BP-10) and accompanied by 
one complete copy or duplicate original of the institution Request and 
response. Appeals to the General Counsel shall be submitted on the form 
designed for Central Office Appeals (BP-11) and accompanied by one 
complete copy or duplicate original of the institution and regional 
filings and their responses. Appeals shall state specifically the 
reason for appeal.
    (2) An inmate may not raise in an Appeal issues not raised in the 
lower level filings. An inmate may not combine Appeals of separate 
lower level responses (different case numbers) into a single Appeal.
    (3) An inmate shall complete the appropriate form with all 
requested identifying information and shall state the reasons for the 
Appeal in the space provided on the form. If more space is needed, the 
inmate may use up to one letter-size (8\1/2\'' x 11'') continuation 
page. The inmate shall provide two additional copies of any 
continuation page and exhibits with the regional Appeal, and three 
additional copies with an Appeal to the Central Office (the inmate is 
also to provide copies of exhibits used at the prior level(s) of 
appeal). The inmate shall date and sign the Appeal and mail it to the 
appropriate Regional Director, if a Regional Appeal, or to the National 
Inmate Appeals Section, Office of General Counsel, if a Central Office 
Appeal (see 28 CFR part 503 for addresses of the Central Office and 
Regional Offices).


Sec. 542.16  Assistance.

    (a) An inmate may obtain assistance from another inmate or from 
institution staff in preparing a Request or an Appeal. An inmate may 
also obtain assistance from outside sources, such as family members or 
attorneys. However, no person may submit a Request or Appeal on the 
inmate's behalf, and obtaining assistance will not be considered a 
valid reason for exceeding a time limit for submission unless the delay 
was caused by staff.
    (b) Wardens shall ensure that assistance is available for inmates 
who are illiterate, disabled, or who are not functionally literate in 
English. Such assistance includes provision of reasonable accommodation 
in order for an inmate with a disability to prepare and process a 
Request or an Appeal.


Sec. 542.17  Resubmission.

    (a) Rejections. The Coordinator at any level (CCM, institution, 
region, Central Office) may reject and return to the inmate without 
response a Request or an Appeal that is written in a manner that is 
obscene or abusive, or does not meet any other requirement of this 
part.
    (b) Notice. When a submission is rejected, the inmate shall be 
provided a written notice, signed by the Administrative Remedy 
Coordinator, explaining the reason for rejection. If the defect on 
which the rejection is based is correctable, the notice shall inform 
the inmate of a reasonable time extension within which to correct the 
defect and resubmit the Request or Appeal.
    (c) Appeal of rejections. When a Request or Appeal is rejected and 
the inmate is not given an opportunity to correct the defect and 
resubmit, the inmate may appeal the rejection, including a rejection on 
the basis of an exception as described in Sec. 542.14(d), to the next 
appeal level. The Coordinator at that level may affirm the rejection, 
may direct that the submission be accepted at the lower level (either 
upon the inmate's resubmission or direct return to that lower level), 
or may accept the submission for filing. The inmate shall be informed 
of the decision by delivery of either a receipt or rejection notice.


Sec. 542.18  Response time.

    If accepted, a Request or Appeal is considered filed on the date it 
is logged into the Administrative Remedy Index as received. Once filed, 
response shall be made by the Warden or CCM within 20 calendar days; by 
the Regional Director within 30 calendar days; and by the General 
Counsel within 40 calendar days. If the Request is determined to be of 
an emergency nature which threatens the inmate's immediate health or 
welfare, the Warden shall respond not later than the third calendar day 
after filing. If the time period for response to a Request or Appeal is 
insufficient to make an appropriate decision, the time for response may 
be extended once by 20 days at the institution level, 30 days at the 
regional level, or 20 days at the Central Office. Staff shall inform 
the inmate of this extension in writing. Staff shall respond in writing 
to all filed Requests or Appeals. If the inmate does not receive a 
response within the time allotted for reply, including extension, the 
inmate may consider the absence of a response to be a denial at that 
level.


Sec. 542.19  Access to indexes and responses.

    Inmates and members of the public may request access to 
Administrative Remedy indexes and responses, for which inmate names and 
Register Numbers have been removed, as indicated below. Each 
institution shall make available its index, and the indexes of its 
regional office and the Central Office. Each regional office shall make 
available its index, the indexes of all institutions in its region, and 
the index of the Central Office. The Central Office shall make 
available its index and the indexes of all institutions and regional 
offices. Responses may be requested from the location where they are 
maintained and must be identified by Remedy ID number as indicated on 
an index. Copies of indexes or responses may be inspected during 
regular office hours at the locations indicated above, or may be 
purchased in accordance with the regular fees established for copies 
furnished under the Freedom of Information Act (FOIA).

[FR Doc. 94-24362 Filed 9-30-94; 8:45 am]
BILLING CODE 4410-05-P