[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31485]


[[Page Unknown]]

[Federal Register: December 22, 1994]


_______________________________________________________________________

Part IX





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Part 527




Designation and Transfer of D.C. Women Offenders; Rescission; Final 
Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 527

[BOP-1024-F]

 
Designation and Transfer of D.C. Women Offenders; Rescission

AGENCY: Bureau of Prisons, Justice.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is rescinding its 
regulations on Designation and Transfer of D.C. Women Offenders because 
it is no longer the routine policy of the District of Columbia 
Department of Corrections to place such inmates in the federal system. 
By joint agreement with the Bureau, the Department of Corrections is 
responsible for notifying D.C. women offenders being boarded in Bureau 
facilities of any applicable Department of Correction provisions 
previously contained in these regulations. Therefore, separate 
notification by Bureau regulations is no longer necessary.

EFFECTIVE DATE: December 22, 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 Designation and Transfer of D.C. Women Offenders (28 CFR 
527, subpart F). A final rule on this subject was published in the 
Federal Register October 21, 1983 (48 FR 48969).
    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 the designation and transfer of D.C. 
women offenders are adequately covered through joint agreement with the 
District of Columbia Department of Corrections. The text of the joint 
agreement has been incorporated in its entirety into the Bureau's 
internal instructions to staff, and the Bureau believes that there is 
no need to restate these provisions in regulations.
    In 1972, a civil suit (Garnes v. Taylor) was filed against the 
District of Columbia Department of Corrections seeking to have the 
court declare unconstitutional the practice of transferring female D.C. 
Code violators to federal facilities far from the District of Columbia. 
This suit was settled in 1975 by an agreement which established 
procedures for designating and transferring female D.C. Code violators 
to and from federal institutions. This agreement, known as the ``Garnes 
Decree'', became effective December 10, 1976. The Bureau of Prisons, 
recognizing that the District of Columbia Department of Corrections had 
no facilities for housing long-term female offenders, agreed to 
designate federal institutions for women with sentences of more than 
one year who are not within nine months of a parole eligibility, 
sentence expiration, or mandatory release date. The Bureau further 
agreed to refer to the District of Columbia, for further consideration, 
a District of Columbia woman confined within a Bureau institution 
provided that the inmate desires the referral and is within nine months 
of a parole eligibility, sentence expiration, or mandatory release 
date. Regulations on this subject were issued by the Bureau in 1983 as 
part of the general publication of Bureau rules relating to the 
control, custody, care, treatment, and instruction of inmates.
    Since 1983, the number of female offenders transferred from the 
District of Columbia Department of Corrections has declined to the 
point where only five cases remain in Bureau custody. Pursuant to a 
joint agreement with the Bureau, the Department of Corrections is 
responsible for notifying these inmates of the pertinent designation 
and transfer procedures. This is similar to procedures applicable to 
State inmates boarded in Bureau facilities.
    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 F--[Removed]

    2. Subpart F, consisting of Secs. 527.50 through 527.54, is 
removed.
[FR Doc. 94-31485 Filed 12-21-94; 8:45 am]
BILLING CODE 4410-05-P