[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26111]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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Part VIII





Department of Justice





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Bureau of Prisons



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28 CFR Parts 545 and 550




Drug Abuse Treatment Programs; Final and Interim Rules
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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 545, and 550

[BOP-1010-F]
RIN 1120-AA16

 
Drug Abuse Treatment Programs

AGENCY: Bureau of Prisons, Justice.

ACTION: Final and interim rules.

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SUMMARY: In this document, the Bureau of Prisons is amending its rule 
on Chemical Abuse Programs by renaming it as Drug Abuse Treatment 
Programs, by expanding programming available to inmates, and by 
requiring participation from certain inmates. An inmate who has been 
recommended for drug programming during incarceration by the sentencing 
judge, or whose presentence investigation contains evidence that 
alcohol or other drug use contributed to the commission of the instant 
offense, or for whom alcohol or drug abuse was a reason for violation 
of either supervised release, parole or community corrections center 
placement will be required to participate in a drug abuse education 
course. Further program opportunities are presented through voluntary 
participation in residential and non-residential drug abuse treatment 
programs and through transitional services. This amendment also makes 
conforming changes with respect to inmate financial responsibility 
requirements. Provisions on eligibility criteria for residential and 
non-residential drug treatment programs are being adopted on an interim 
basis. This amendment is intended to fulfill statutory requirements to 
make available to inmates appropriate substance abuse treatment.

DATES: Effective November 21, 1994; comments on interim provisions in 
Secs. 550.55(a) and 550.57(a) are due December 20, 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 Chemical Abuse Programs. A proposed rule on this subject 
was published in the Federal Register on January 7, 1994 (59 FR 1240 et 
seq.). This proposed rule renamed such programming as Drug Abuse 
Treatment Programs and distinguished between mandatory and voluntary 
requirements for inmate participation. The comment period closed on 
March 8, 1994. The Bureau received comment from only one respondent. A 
summary of comment and agency response follows.
    The commenter stated that the statutory provision mandating the 
Bureau of Prisons to provide substance abuse treatment programs is 
directly opposed to mandating participation in treatment programs when 
imposing the original sentence. The commenter cited 18 U.S.C. 3582(a) 
and 28 U.S.C. 994(k) as being ``inappropriately immiscible'' to the 
provisions proposed in 28 CFR 550.52(a) (1) and (3). In response, the 
Bureau notes that there is no statutory conflict. The provisions in 18 
U.S.C. 3582(a) and 28 U.S.C. 994(k) relate to imposition of sentence by 
the court under the guidelines of the United States Sentencing 
Commission. These are intended to ensure that the various aspects 
relating to the offense are considered in determining the relevance of 
imprisonment, and if relevant, the length of such imprisonment. It is 
only after a term of imprisonment is imposed that 18 U.S.C. 3621 
becomes applicable. The Bureau's authority under 18 U.S.C. 3621(b) to 
make available appropriate substance abuse treatment for each inmate 
committed to its custody has been implemented separately through this 
very rulemaking. Use by the Bureau of the sentencing court's 
recommendation or of information in the Presentence Investigation has 
no direct impact on the prior decision taken by the sentencing court.
    The commenter also questioned the operation of the program at a 
specific Bureau institution, stating that the proposals were being 
implemented with severe sanctions for an inmate who does not 
participate voluntarily. The administrative remedy procedure is the 
appropriate means for inmates to voice their concerns on such aspects 
of their imprisonment. A review of inmate remedy requests for calendar 
year 1993 at the cited institution indicates only one request filed 
under the subject matter of substance abuse programs. The ``severe 
sanctions'' apparently refer to pay and community status restrictions 
(i.e., being held to the lowest pay grade and loss of eligibility for 
furlough consideration or community corrections center placement) 
imposed on an inmate who had declined to complete drug abuse education 
requirements. That complaint ultimately was mooted upon the inmate's 
completion of the forty hour course.
    In issuing the final rule, the Bureau has further reorganized the 
regulations for the sake of clarity. Additional provisions have been 
added which are either administrative in nature or are intended to 
allow for increased voluntary participation in drug abuse treatment 
programming. Specific provisions as to eligibility criteria codified in 
new Secs. 550.55(a) and 550.57(a) are being adopted on an interim basis 
with the opportunity for further comment. A discussion of this further 
reorganization and additions follows.
    The statement of purpose and scope Sec. 550.50 is adopted as final 
without change. The provisions in proposed Sec. 550.51 have been 
reorganized and revised as new Secs. 550.51 through 550.53. As revised, 
new Sec. 550.51 defines the role of the Drug Abuse Treatment 
Coordinator and the Drug Abuse Treatment Specialist. Provisions of 
proposed Sec. 550.51 which covered requirements on the Admission and 
Orientation program and screening and referral are now separately 
stated in new Secs. 550.52 and 550.53. New Sec. 550.52 contains the 
provisions pertinent to the Admission and Orientation program. These 
provisions have been reworded, but there is no change in the intent. 
New Sec. 550.53 contains the provisions pertinent to screening and 
referral. As revised, this section now also provides for a record 
review by the case manager.
    The provisions in proposed Sec. 550.52 on the drug abuse education 
course have been revised as new Sec. 550.54. This section has been 
reorganized and revised for the sake of clarity. As revised, paragraph 
(a)(2) of this section now also specifies that, with respect to 
voluntary participants, the Bureau gives priority consideration to 
those inmates whose participation has been recommended by unit or 
treatment staff. This change is necessary to help ensure the efficient 
program allocation of Bureau resources. Paragraph (b) of the revised 
section now allows for inmates to receive work assignment promotions 
during their participation in or while on a ``waiting list'' for the 
drug abuse education course.
    The provisions in proposed Sec. 550.53 on institution residential 
and nonresidential programs have been revised and separately stated in 
new Secs. 550.55 through 550.57. New Sec. 550.55 covers the voluntary 
institution residential drug abuse treatment program. As revised, this 
section no longer restricts application to those inmates who have been 
recommended by unit and/or drug treatment staff. As a consequence of 
this expansion of programming opportunity, paragraph (a) of new 
Sec. 550.55 now contains eligibility criteria for program 
participation. The eligibility criteria is intended to allow the Bureau 
to allocate its resources in an efficient manner. The Bureau is 
adopting this provision on an interim basis, and will accept comments 
for the purpose of reissuance as a final regulation. New Sec. 550.56 
contains the provisions in proposed Sec. 550.53(c) on the use of 
incentives. New Sec. 550.57 covers the voluntary non-residential drug 
treatment program. As revised, programming opportunities appropriate 
for the drug abuse treatment needs of inmates who have more than 
thirty-six months left to serve have been expanded and consequent 
eligibility criteria in Sec. 550.57(a) have been adopted on an interim 
basis.
    The provisions for transitional services in proposed Sec. 550.54 
have been adopted as final without change in new Sec. 550.58.
    Conforming changes to the Bureau's provisions on inmate financial 
responsibility (28 CFR 545.11) have been adopted as final without 
change. Other proposed conforming changes to the provisions on 
institution work and performance pay (28 CFR 545.23) will be addressed 
in a separate final rule document.
    Interested persons may participate in this 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 on the interim rule provisions during the comment period will 
be considered before final action is taken. Comments received on the 
final rule provisions will be considered but will receive no formal 
response in the Federal Register. All comments received remain on file 
for public inspection at the above address.
    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 Parts 545 and 550

    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), parts 545 and 550 in subchapter C 
of 28 CFR, chapter V are amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    1. The authority citation for 28 CFR part 550 is added to read as 
follows, and all other authority citations within the part are removed:

    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), 4251-4255, 5006-5024 (repealed October 12, 1984 
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 
28 CFR 0.95-0.99.

    2. Subpart F, consisting of Secs. 550.50 and 550.51, is revised to 
consist of Secs. 550.50 through 550.58 as follows:

Subpart F--Drug Abuse Treatment Programs

Sec.
550.50  Purpose and scope.
550.51  Institution organization/staff roles and responsibilities.
550.52  Admission and Orientation program.
550.53  Screening and referral.
550.54  Requirements for drug abuse education course.
550.55  Institution residential drug abuse treatment program.
550.56  Incentives for residential drug abuse treatment program 
participation.
550.57  Non-residential drug abuse treatment program.
550.58  Transitional services.

Subpart F--Drug Abuse Treatment Programs


Sec. 550.50   Purpose and scope.

    The Bureau of Prisons provides, to the extent practicable, 
appropriate drug abuse treatment programs to inmates.


Sec. 550.51   Institutional organization/staff roles and 
responsibilities.

    (a) Drug Abuse Treatment Coordinator. The Warden shall designate a 
drug abuse treatment coordinator for his/her institution.
    (b) Drug Abuse Treatment Specialist. All institutions shall employ 
a drug abuse treatment specialist. The drug abuse treatment specialist 
is responsible for providing drug abuse education and non-residential 
drug abuse treatment services to the inmate population, under the 
supervision of the drug abuse treatment coordinator. In institutions 
with residential drug abuse treatment programs, additional drug abuse 
treatment specialist staff are employed to provide treatment services 
on the residential drug abuse treatment unit.


Sec. 550.52   Admission and Orientation program.

    Drug abuse treatment coordinators at all institutions shall ensure 
that inmates are informed about local and Bureau-wide drug abuse 
programming and treatment opportunities during the Admission and 
Orientation program.


Sec. 550.53   Screening and referral.

    A psychologist or drug abuse treatment specialist shall interview 
all new institution admissions for drug abuse problems. A record review 
will be performed by a case manager in the normal course of his/her 
duties. Based on these reviews and interviews, drug abuse treatment 
staff shall make an appropriate drug education/treatment referral.


Sec. 550.54   Requirements for drug abuse education course.

    (a)(1) Mandatory participation. An inmate is required to 
participate in the drug abuse education course if he/she has been 
sentenced or returned to custody as a violator after September 30, 1991 
and it is determined by unit and/or drug abuse treatment staff through 
a combination of interview and file review that:
    (i) There is evidence in the Presentence Investigation that alcohol 
or other drug use contributed to the commission of the instant offense;
    (ii) Alcohol or other drug use was a reason for violation either of 
supervised release, including parole, or BOP community status (CCC 
placement) for which the inmate is now incarcerated; or
    (iii) The inmate was recommended for drug programming during 
incarceration by the sentencing judge.
    (2) Voluntary participation. Inmates who are not required by 
paragraph (a)(1) of this section to participate in the drug abuse 
education course may request to participate voluntarily in the drug 
abuse education course when participant space is available. Volunteers 
must have the approval of the drug abuse treatment coordinator. 
Priority consideration shall be given to those inmates whose 
participation has been recommended by unit or treatment staff.
    (b) Sanctions. An inmate who is required by paragraph (a)(1) of 
this section to participate in the drug abuse education course and who 
refuses participation, withdraws, is expelled, or otherwise fails to 
meet the attendance and examination requirements shall be held at the 
lowest pay grade (Grade 4) within the institution and shall be 
ineligible for community programs. Inmates may be permitted to receive 
work promotions during their participation or while on a ``waiting 
list'' for the drug abuse education course. The Warden may make 
exceptions to the provisions of this paragraph for good cause with 
reasons for such exceptions documented in writing.
    (c) Exemptions. An inmate may be exempted from the required drug 
abuse education course due to cognitive impairment or other learning 
disabilities only after evaluation and recommendation by a 
psychologist. An inmate may also be exempted from the drug abuse 
education course if that inmate volunteers for, enters and completes a 
residential drug abuse treatment program or if he/she completes a 
structured drug abuse treatment program at one of the Bureau of 
Prisons' Intensive Confinement Centers (ICC).
    (d) Written consent. All inmates who enter the drug abuse education 
course (whether as mandatory or as voluntary participants) are required 
to sign an agreement to participate prior to admission to the course.
    (e) Completion. Completion of the drug abuse education course 
requires attendance and participation during course sessions and a 
passing grade on an examination given at the end of the course. Inmates 
required to participate in this course ordinarily are provided at least 
three chances to pass the final examination before privileges are lost 
or sanctions (see paragraph (b) of this section) are invoked. A 
certificate of achievement will be awarded to all who successfully 
complete the program. A copy of this certificate will be forwarded to 
the unit team for placement in the inmate's central file.


Sec. 550.55  Institution residential drug abuse treatment program.

    Residential drug abuse treatment is available at selected Bureau of 
Prisons institutions. It is an intensive, unit-based treatment 
experience provided by a team of drug abuse treatment specialists and 
the drug abuse treatment coordinator.
    (a) Eligibility. The following criteria must be met for an inmate 
to be recommended and/or approved for the residential drug abuse 
treatment program.
    (1) The inmate must have a documented drug abuse problem.
    (2) The inmate must have no serious mental impairment which would 
substantially interfere with or preclude full participation in the 
program.
    (3) The inmate must sign an agreement acknowledging his/her program 
responsibility.
    (4) Ordinarily, the inmate must be within thirty-six months of 
release.
    (5) The security level of the residential program institution must 
be appropriate for the inmate.
    (b) Application/Referral/Placement. Participation in the 
residential drug abuse treatment program is voluntary. An inmate may be 
referred for treatment by unit and/or drug treatment staff or apply for 
the program by submitting a request to a staff member (ordinarily, a 
member of the inmate's unit team or the drug abuse treatment 
coordinator). The decision on placement is made by the drug abuse 
treatment coordinator.
    (c) Withdrawal/expulsion. An inmate may withdraw voluntarily from 
the program. The drug abuse treatment coordinator may remove an inmate 
from the program based upon disruptive or negative behavior. Withdrawal 
or removal from the residential program may result in the inmate's 
being returned to his/her prior institution (when the inmate had been 
specifically transferred for the purpose of program participation) and/
or return of tangible incentives previously achieved.


Sec. 550.56   Incentives for residential drug abuse treatment program 
participation.

    (a) An inmate may receive incentives for his or her satisfactory 
involvement in the residential program. These incentives may include, 
but are not limited to, the following.
    (1) Limited financial awards, based upon the inmate's achievement/
completion of program phases.
    (2) Consideration for the maximum period of time (currently 180 
days) in a Community Corrections Center placement, provided the inmate 
is otherwise eligible for this designation.
    (3) Local institution incentives such as preferred living quarters 
or special recognition privileges.
    (b) An inmate must meet his/her financial program responsibility 
obligations (see 28 CFR part 545) prior to being able to receive an 
incentive for his/her residential program participation.


Sec. 550.57   Non-residential drug abuse treatment program.

    Non-residential drug abuse treatment is provided at all 
institutions and ordinarily consists of individual and/or group 
counseling and self-help programming provided through the institution's 
Psychology Services department.
    (a) Eligibility. The following criteria must be met for an inmate 
to be recommended or approved for a non-residential drug abuse 
treatment program.
    (1) The inmate must have a documented drug abuse problem.
    (2) The inmate must have no serious mental impairment which would 
substantially interfere with or preclude full participation in the 
program.
    (3) The inmate must sign an agreement acknowledging his/her program 
responsibility.
    (b) Application/Referral/Placement. Participation in the non-
residential drug abuse treatment program is voluntary. An inmate may be 
referred for treatment by unit and/or drug treatment staff or may apply 
for these programs by submitting a request to a staff member 
(ordinarily, a member of the inmate's unit team or the drug abuse 
treatment coordinator). The decision on placement is made by the drug 
abuse treatment coordinator.
    (c) Withdrawal/expulsion. An inmate may withdraw voluntarily from 
the program. The drug abuse treatment coordinator may remove an inmate 
from the program based upon disruptive or negative behavior.


Sec. 550.58   Transitional services.

    (a) Transitional treatment programming is required for all inmates 
completing an institution's residential treatment program. Transitional 
treatment includes treatment provided to inmates who, upon completing 
the residential program, return to the general population of that or 
another institution. An inmate's refusal to participate in this program 
is considered a program failure and disqualifies the inmate for any 
additional incentives consideration, and may result in the inmate's 
redesignation.
    (b) An inmate who successfully completes a residential drug abuse 
program and who, based on eligibility, is transferred to a Community 
Corrections Center (CCC), is required to participate in a community-
based treatment program each week, in addition to the required 
employment and other program activities of the CCC. The inmate's 
failure to meet the requirements of treatment may result in the 
inmate's being returned to the institution for refusing a program 
assignment.
    (c) Staff may offer an inmate who has not been involved in the 
institution's drug abuse treatment program the opportunity to become 
involved in the transitional drug treatment program as part of the 
inmate's CCC placement. In addition, with the drug abuse treatment 
coordinator's approval, an inmate may volunteer and be accepted for 
transitional drug treatment programming.
    3. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622, 
3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 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.

    4. In Sec. 545.11, a new paragraph (d)(11) is added to read as 
follows:


Sec. 545.11   Procedures.

* * * * *
    (d) * * *
    (11) The inmate will not receive an incentive for participation in 
residential drug treatment programs.

[FR Doc. 94-26111 Filed 10-20-94; 8:45 am]
BILLING CODE 4410-05-P