[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Rules and Regulations]
[Pages 27692-27695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12802]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP-1010-F; BOP-1034-I]
RIN 1120-AA16; RIN 1120-AA36


Drug Abuse Treatment Programs: Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Further issuance of interim rule with request for comments.

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

SUMMARY: In this document, the Bureau of Prisons is amending its rule 
on Drug Abuse Treatment Programs in order to allow for consideration of 
early release of eligible inmates who complete a residential drug abuse 
treatment program. This amendment is necessary to implement provisions 
of the Violent Crime Control and Law Enforcement Act of 1994. Further 
changes to the regulations are being made for the sake of 
clarification.

DATES: Effective June 26, 1995; comments are due July 24, 1995.
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 further amending 
its regulations on Drug Abuse Treatment Programs. A final rule on this 
subject with interim provisions on eligibility requirements for the 
residential and nonresidential drug abuse treatment programs was 
published in the Federal Register on October 21, 1994. The Bureau has 
received no comment on the interim provisions, and the Bureau therefore 
adopts those interim provisions as final. For organizational reasons, 
Secs. 550.55, 550.56, 550.57, and 550.58 are being redesignated 
respectively as Secs. 550.56, 550.57, 550.55, and 550.59.
    The Bureau, in this document, is also issuing interim provisions 
intended to implement Section 32001 of the Violent Crime Control and 
Law Enforcement Act of 1994. This section provides, among other things, 
that the period a prisoner convicted of a non-violent offense remains 
in custody after successfully completing a program of residential 
substance abuse treatment may be reduced by the Bureau of Prisons, but 
such reduction may not be more than one year from the term the prisoner 
must otherwise serve.
    New Sec. 550.58 establishes procedures to be used by the Bureau in 
determining eligibility for early release and for determination of the 
length of the reduction in sentence. In keeping with the statutory 
provision that possible reduction in sentence is applicable to an 
inmate convicted of a nonviolent offense, an inmate whose current 
offense falls under the definition in 18 U.S.C. 924(c)(3) of a crime of 
violence is excluded from consideration. Under this section, a crime of 
violence means an offense that is a felony and has as an element the 
use, attempted use, or threatened use of physical force against the 
person or property of another, or that by its nature, involves a 
substantial risk that physical force against the person or property of 
another may be used in the course of committing the offense. 
Information contained in the Presentence Investigation Report 
ordinarily is sufficient to allow staff to determine if the inmate's 
committed offense meets this definition of crime of violence. In 
exercising the Bureau's discretion in reducing a sentence, the Bureau 
shall also review the criminal history of the inmate contained in the 
Presentence Investigation Report, and any inmate with a federal and/or 
state conviction for homicide, forcible rape, robbery, or aggravated 
assault shall also be excluded from consideration. Because state 
convictions may show a considerable range in the degree of violence 
used in the offense, the Bureau has chosen to use the above cited 
categories of crimes, which are reported under the FBI Violent Crime 
Index, as the sole determinant of violence in the criminal history. 
Inmates in Bureau custody who are not serving a sentence for a federal 
offense (for example, INS detainees, pretrial inmates, or contractual 
boarders) are not eligible for consideration of early release. An 
inmate with an INS detainer, however, may be eligible for consideration 
of early release to the detainer. An inmate eligible for parole is not 
eligible for consideration for early release by the Bureau; information 
concerning the successful completion of a residential drug abuse 
treatment program by a [[Page 27693]] parole-eligible inmate will be 
transmitted to the Parole Commission for appropriate consideration 
under procedures duly promulgated by the Commission.
    Further eligibility requirements in Sec. 550.58(a) pertain to 
completion of a residential drug abuse treatment program. An inmate who 
had previously completed a Bureau of Prisons drug abuse treatment 
program before October 1, 1989 (that is, before the current program 
design) may be eligible for consideration for early release. Staff must 
confirm that the program completed matches the treatment required by 
statute. The inmate must complete appropriate acknowledgement of 
program responsibility, complete a refresher treatment program and all 
applicable transitional services program, and maintain a discipline 
record as specified in Sec. 550.58(a)(1)(iv). An inmate who has 
successfully completed a Bureau of Prisons drug abuse treatment program 
on or after October 1, 1989 is otherwise eligible if the inmate 
completes all applicable transitional services and maintains a 
discipline record as specified in Sec. 550.58(a)(2)(ii).
    Under the procedures for application contained in Sec. 550.58(b), 
eligible inmates currently enrolled in a residential drug abuse 
treatment program are automatically considered without any further 
required action on their part; inmates who had previously completed a 
residential drug abuse treatment program (or which matches the 
treatment required by statute) must notify the institution's drug abuse 
coordinator via a request to staff in order to be considered for early 
release.
    As specified in Sec. 550.58(c), the length of reduction may be up 
to 12 months. If, upon completion of all required transitional 
services, the inmate has less than 12 months to serve, the amount of 
reduction may not exceed the amount of time left on service of 
sentence. The Community Corrections Regional Administrator may retard 
or disallow any portion of the maximum 12 months for an inmate in a 
community-based program (for example, a community corrections center) 
based on a disciplinary finding or based on program needs.
    New Sec. 550.60 is added to require that an inmate who files an 
administrative remedy request on the operation of a drug abuse 
treatment program affecting consideration for early release must so 
indicate in the beginning of the request. This is intended to assist 
staff in preparing a response.
    Further changes to the Bureau's regulations on drug abuse treatment 
programs are summarized below.
    Section 550.50 is revised to specify that the availability of drug 
abuse treatment programs is subject to the availability of appropriated 
funds. The former regulations had stated that these programs were made 
available to the extent practicable. This amendment conforms to the 
wording of the revised statutory authority.
    Section 550.52 is revised for editorial reasons to clarify that 
drug abuse programming and treatment opportunities are separate from 
the Admission and Orientation program.
    In Sec. 550.54, paragraph (c) is amended to expand exemptions from 
the requirements for participation in the drug abuse education course.
    In new Sec. 550.55, the introductory text of paragraph (a) has been 
revised for the sake of clarity. Paragraph (a)(1) has been revised to 
ensure the integrity of documentation of a drug abuse problem.
    In new Sec. 550.56, the description of the residential drug abuse 
treatment program is expanded to indicate more clearly the duration of 
program involvement and the connection with subsequent transitional 
services programming. The introductory text of paragraph (a) has been 
revised for the sake of clarity. Paragraph (a)(1) has been revised to 
ensure the integrity of documentation of a drug abuse problem. A new 
paragraph (c) has been added to define requirements for program 
completion. Former paragraph (c) has been redesignated and revised as 
new paragraph (d) in order to specify more clearly expulsion criteria. 
Given the significance of the added incentive of possible early 
release, the Bureau believes these changes are necessary to reduce 
unnecessary confusion regarding program participation.
    New Sec. 550.57 has been revised to include reference in new 
paragraph (a)(4) to consideration for early release as an incentive for 
program participation. Provisions formerly contained in Sec. 550.55(c) 
regarding the return of incentives previously received upon an inmate's 
withdrawal or expulsion have also been transferred to this section.
    New Sec. 550.59 has been reorganized and revised to clarify the 
requirements for transitional services, whether in an institution or in 
a community-based program. As revised in paragraph (c), transitional 
services may be required for all inmates with a documented drug abuse 
problem, regardless of the inmate's choice to participate in the 
residential drug abuse treatment program.
    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. 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 Part 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 is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    1. The authority citation for 28 CFR part 550 continues to read as 
follows:

    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. Section 550.50 is revised to read as follows:


Sec. 550.50  Purpose and scope.

    The Bureau of Prisons provides, subject to the availability of 
appropriated funds, drug abuse treatment programs to inmates.
    3. Section 550.52 is revised to read as follows:


Sec. 550.52  Admission and Orientation program.

    Drug abuse treatment coordinators at all institutions shall ensure 
that inmates are informed during the Admission and Orientation program 
about local and Bureau-wide drug abuse programming and treatment 
opportunities.
    4. In Sec. 550.54, paragraph (c) is amended by revising the second 
sentence to read as follows: [[Page 27694]] 


Sec. 550.54  Requirements for drug abuse education course.

* * * * *
    (c) * * * An inmate may also be exempted from the drug abuse 
education course if that inmate does not have enough time remaining to 
serve to complete the drug abuse education course, or 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).


Secs. 550.55 through 550.57  [Redesignated]

    5. Sections 550.55, 550.56, and 550.57 are redesignated 
respectively as Secs. 550.56, 550.57, and 550.55.
    6. In newly designated Sec. 550.55, paragraph (a) introductory text 
and (a)(1) are revised to read as follows:


Sec. 550.55  Non-residential drug abuse treatment program.

* * * * *
    (a) Eligibility. An inmate must meet all of the following criteria 
to be eligible for the non-residential drug abuse treatment program.
    (1) The inmate must have a verifiable documented drug abuse 
problem.
* * * * *
    7. Newly designated Sec. 550.56 is revised to read as follows:


Sec. 550.56  Institution residential drug abuse treatment program.

    Residential drug abuse treatment is available at selected Bureau of 
Prisons institutions. It is a course of individual and group activities 
provided by a team of drug abuse treatment specialists and the drug 
abuse treatment coordinator in a treatment unit set apart from the 
general prison population, lasting a minimum of 500 hours over a six to 
twelve-month period. Inmates enrolled in a residential drug abuse 
treatment program shall be required to complete subsequent transitional 
services programming in a community-based program and/or in a Bureau 
institution.
    (a) Eligibility. An inmate must meet all of the following criteria 
to be eligible for the residential drug abuse treatment program.
    (1) The inmate must have a verifiable 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 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) Completion. Completion of the residential drug abuse treatment 
program requires attendance and participation in scheduled individual 
and group activities and a passing grade on examinations covering each 
separate subject module of the program. An inmate who fails an 
examination on any subject module ordinarily shall be allowed to retest 
one time. 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.
    (d) Withdrawal/expulsion. (1) An inmate may withdraw voluntarily 
from the program.
    (2) The drug abuse treatment coordinator may remove an inmate from 
the program based upon disruptive behavior related to the program. 
Ordinarily, staff shall provide the inmate with at least one warning 
prior to removal. An inmate may not ordinarily be removed immediately 
without warning unless the inmate, pursuant to an incident report, is 
found by the DHO to have:
    (i) Used or possessed alcohol or drugs;
    (ii) Been violent or threatened violence against staff or another 
inmate; or
    (iii) Committed a 100 level prohibited act.
    (3) 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).
    8. Newly designated Sec. 550.57 is revised to read as follows:


Sec. 550.57  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.
    (4) If eligible under Sec. 550.58, consideration for early release.
    (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.
    (c) Withdrawal or removal from the residential program may result 
in the loss of incentives previously achieved.


Sec. 550.58  [Redesignated as Sec. 550.59]

    9. Section 550.58 is redesignated as Sec. 550.59 and revised to 
read as follows:


Sec. 550.59  Transitional drug treatment services.

    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 or who are transferred to a community-based 
program. 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.
    (a) An inmate who successfully completes a residential drug abuse 
program and who participates in transitional treatment programming at 
an institution is required to participate in such programming for a 
minimum of one hour per month.
    (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, 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) An inmate with a documented drug abuse problem but who did not 
choose to volunteer for the residential drug abuse program may be 
required to participate in transitional services as a condition of 
participation in a community-based program with the approval of the 
transitional services manager. [[Page 27695]] 
    10. A new Sec. 550.58 is added to read as follows:


Sec. 550.58  Consideration for early release.

    An inmate who completes a residential drug abuse treatment program 
during his or her current commitment may be eligible for early release 
by a period not to exceed 12 months, in accordance with paragraph (a) 
of this section, unless the inmate is an INS detainee, a pretrial 
inmate, a contractual boarder (for example, a D.C., State, or military 
inmate), or eligible for parole, or unless the inmate's current offense 
is determined to be a crime of violence as defined in 18 U.S.C. 
924(c)(3), or unless the inmate has a prior federal and/or state 
conviction for homicide, forcible rape, robbery, or aggravated assault.
    (a) Eligibility. (1) An inmate who had successfully completed a 
Bureau of Prisons residential drug abuse treatment program before 
October 1, 1989 is otherwise eligible if:
    (i) Staff confirm that the completed program matches the treatment 
required by statute;
    (ii) The inmate signs an agreement acknowledging his/her program 
responsibility;
    (iii) The inmate completes a refresher treatment program and all 
applicable transitional services programs; and
    (iv) Since completion of the program, the inmate has not been found 
to have committed a 100 level prohibited act and has not been found to 
have committed a prohibited act involving alcohol or drugs.
    (2) An inmate who has successfully completed a Bureau of Prisons 
residential drug abuse treatment program on or after October 1, 1989 is 
otherwise eligible if:
    (i) The inmate completes all applicable transitional services 
programs; and
    (ii) Since completion of the program, the inmate has not been found 
to have committed a 100 level prohibited act and has not been found to 
have committed a prohibited act involving alcohol or drugs.
    (b) Application. (1) Inmates currently enrolled. Eligible inmates 
currently enrolled in a residential drug abuse treatment program shall 
automatically be considered for early release.
    (2) Inmates who had previously completed program requirements. 
Eligible inmates who have previously completed a residential drug abuse 
treatment program (or which matches the treatment required by statute) 
must notify the institution's drug abuse program coordinator via a 
Request to Staff in order to be considered for early release.
    (c) Length of reduction. (1) Except as specified in paragraphs 
(c)(2) and (3) of this section, an inmate who is approved for early 
release may receive a reduction of up to 12 months.
    (2) If the inmate has less than 12 months to serve after completion 
of all required transitional services, the amount of reduction may not 
exceed the amount of time left on service of sentence.
    (3) If, based upon a disciplinary finding or based on program needs 
(for example, the inmate has not established an adequate release plan), 
the Community Corrections Regional Administrator may retard or disallow 
any portion of the maximum 12 months for an inmate in a community-based 
program.
    11. Section 550.60 is added to read as follows:


Sec. 550.60  Inmate appeals.

    (a) Administrative remedy procedures for the formal review of a 
complaint relating to any aspect of an inmate's confinement (including 
the operation of the drug abuse treatment programs) are contained in 28 
CFR 542, subpart B.
    (b) In order to expedite staff response, an inmate who has 
previously been found to be eligible for early release must, when 
filing an administrative remedy request pursuant to 28 CFR 542, subpart 
B on an action which would result in the inmate's loss of early release 
eligibility, indicate in the first sentence of the request that the 
request affects the inmate's early release.

[FR Doc. 95-12802 Filed 5-24-95; 8:45 am]
BILLING CODE 4410-05-P