[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]
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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.
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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]
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