[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33320-33321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15748]




[[Page 33319]]

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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Part 524



Classification and Programs Review; Final Rule

  Federal Register / Vol. 60, No. 123 / Tuesday, June 27, 1995 / Rules 
and Regulations   
[[Page 33320]] 

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1026-F]
RIN 1120-AA30


Classification and Program Review

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its 
regulations on Classification and Program Review to require program 
reviews for an inmate at least once every 90 days when an inmate is 
within twelve months of the projected release date. This amendment is 
intended to allow for the more efficient use of Bureau staff.

EFFECTIVE DATE: July 27, 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 amending its 
regulations on Classification and Program Review. A proposed rule on 
this subject was published in the Federal Register November 1, 1994 (59 
FR 54782).
    Program reviews provide the inmate with an opportunity to discuss 
staff's assessment of the inmate's performance in the institution's 
programming. Previously, regulations in 28 CFR 524.12(b) had required a 
program review for an inmate every 180 days until the inmate was within 
two years of the projected release date. When an inmate was within two 
years of projected release, a program review was required at least once 
every ninety days. In the interest of making better use of staff 
resources, the Bureau proposed to continue the conducting of program 
reviews every 180 days until the inmate is within twelve months of the 
projected release date.
    Three comments were received on the proposed rule. One commenter 
supported the adoption of the proposed rule, and two commenters either 
opposed or offered suggested revisions to the proposed rule.
    One commenter objected to the use of the phrase ``projected release 
date,'' stating that it was not appropriate to inmates convicted under 
the Sentencing Guidelines. This commenter recommended use of the phrase 
``Mandatory Release Date'' or ``projected date for change of 
Classification or Transfer to Lower Level or CCC [community corrections 
center],'' urged retention of the phrase ``following initial 
classification,'' and argued that the times allowed for consideration 
and processing are such that the 90 day schedule should be maintained. 
Other questions raised by this commenter pertained to the 
implementation at Bureau institutions of specific provisions of 28 CFR 
part 524, subpart B. These latter questions are appropriately addressed 
through the Bureau's Administrative Remedy Program (28 CFR part 542) 
rather than through this rulemaking procedure.
    Another commenter acknowledged that the proposed rule would save 
time for unit staff, but questioned whether inmates would be adversely 
affected in the consideration and planning for community corrections 
center placement (for example as part of a work cadre program or as 
part of release to the community). This commenter recommended that the 
90 day schedule be instituted at the 18 month mark, rather than at the 
12 month mark.
    The Bureau disagrees that the phrase ``projected release date'' is 
not appropriate for inmates sentenced under the guidelines United 
States Sentencing Commission. The statutory release date under such 
guidelines may need to be recalculated in accordance with the status of 
an inmate's good conduct time. Consequently, the phrase ``projected 
release date'' adequately expresses the contingent nature of a 
statutory release date. The Bureau also believes the phrase ``following 
initial classification'' is not necessary, given the logical 
expectation when a review would occur.
    With respect to the scheduling of program reviews, the Bureau 
believes that a program review every 180 days until the final year 
before release is more than adequate. Monitoring work cadre 
availability, relocation efforts, community corrections center 
processing, or other critical release-related matters have always been 
carefully monitored by unit team staff outside of program review 
meetings. Should the inmate, during the second year before release, 
wish to discuss one of these issues or another important matter with 
the unit team before his or her next 180 day scheduled review, there is 
a provision in rules (Sec. 524.14) to allow staff to hold additional 
and special program reviews when necessary. Additionally, the status of 
release preparation paperwork has always been communicated to inmates 
through individual counseling, and not solely through unit team 
meetings. Reducing the frequency of program reviews during the second 
year before release will increase the amount of time staff have for the 
processing of such paperwork.
    In this final rule, the Bureau is also correcting a typographical 
error (``and'' rather than ``an'') in Sec. 524.14 which was noted by 
one of the commenters.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of Executive Order 12866, 
and accordingly 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 (Public Law 96-354), does not have a 
significant impact on a substantial number of small entities.
    Members of the public may submit comment concerning this rule by 
writing the previously cited address. These comments will be considered 
but will receive no response in the Federal Register.

List of Subjects in 28 CFR Part 524

    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 524 in subchapter B of 28 CFR 
chapter V is amended as set forth below.

Subchapter B--Inmate Admission, Classification, and Transfer

PART 524--CLASSIFICATION OF INMATES

    1. The authority citation for 28 CFR part 524 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 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; 21 U.S.C. 848; 28 
U.S.C. 509, 510; title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. 
chapter 223); 28 CFR 0.95-0.99.

    2. In Sec. 524.12, paragraph (b) is revised to read as follows:


Sec. 524.12  Initial classification and program reviews.

* * * * *
    (b) Staff shall conduct a program review for each inmate at least 
once every 180 days. When an inmate is within twelve months of the 
projected release date, a program review shall be conducted at least 
once every 90 days.
* * * * * [[Page 33321]] 
    3. Section 524.14 is amended by revising the second sentence to 
read as follows:


Sec. 524.14  Unscheduled reviews.

    * * * Upon request of either the inmate or staff, and with the 
concurrence of the team chairperson, an advanced program review may 
occur.

[FR Doc. 95-15748 Filed 6-26-95; 8:45 am]
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