[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46484-46485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21933]




[[Page 46483]]

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Parts 541 and 548



Control Unit Programs; Religious Beliefs and Practices: Final Rules

  Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / 
Rules and Regulations  

[[Page 46484]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 541

[BOP-1025-F]


Control Unit Programs

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 Control Unit Programs to reflect changes in staffing 
assignments or the mission of specific institutions, to conform to 
revisions for Federal Prison Industries work assignments, and to make 
an editorial amendment.

EFFECTIVE DATE: September 6, 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 Control Unit Programs. A final rule on this subject was 
published in the Federal Register August 17, 1984 (49 FR 32991) and was 
amended June 20, 1985 (50 FR 25662).
    This document makes the following changes to the Bureau's 
regulations on control unit programs to reflect changes in staffing 
assignments or the mission of specific institutions, and changes in the 
Bureau's regulations on Federal Prison Industries work assignments.
    In Sec. 541.46, paragraph (c), obsolete references to Federal 
Prison Industries industrial good time have been removed. Regulations 
on Federal Prison Industries work programs (28 CFR part 345) were 
revised on March 27, 1995 (60 FR 15826). Paragraph (g) is revised for 
the sake of clarity by dividing the existing text into two sentences. 
There is no change in the intent of this paragraph.
    In Sec. 541.48, paragraph (b) is revised to remove specific 
reference to the Marion Control Unit, which is currently being 
deactivated. The procedures in revised paragraph (a) for the inmate's 
request that an X-ray be taken in lieu of digital search are therefore 
applicable for any control unit. Revised paragraph (b) now specifies 
the institution's Clinical Director or Acting Clinical Director (rather 
than the Chief or Acting Chief of Health Programs) as the official 
responsible for making a medical determination regarding cumulative X-
ray exposure for the requesting inmate. This change is intended to make 
more efficient use of Bureau staff.
    In Sec. 541.49, paragraph (a) is revised to specify additional 
staff (namely, the officer-in-charge or lieutenant) on the control unit 
team.
    In Sec. 541.50, paragraph (b)(2) is revised for editorial purposes. 
There is no change in the intent of this section.
    Because these changes are administrative in nature and are not more 
restrictive 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 541

    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 541 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

Subchapter C--Institutional Management

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    1. The authority citation for 28 CFR part 541 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), 4161-4166 (Repealed as to offenses committed on 
or after November 1, 1987), 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.


    2. In Sec. 541.46, paragraph (c) is amended by revising the first 
sentence (the paragraph heading is republished) and paragraph (g) is 
revised to read as follows:


Sec. 541.46  Programs and services.

* * * * *
    (c) Industries (UNICOR). If an industry program exists in a control 
unit each inmate participating in this program may earn industrial pay, 
subject to the regulations of Federal Prison Industries, Inc. (UNICOR). 
* * *
* * * * *
    (g) Counselor services. The unit counselor ordinarily handles phone 
call requests, special concerns and requests of inmates, and requests 
for administrative remedy forms. The unit counselor is also available 
for consultation and for counseling as recommended in the mental health 
evaluation (see paragraph (i) of this section--Mental Health Services).
* * * * *
    3. In Sec. 541.48, paragraph (b) is revised to read as follows:


Sec. 541.48  Search of control unit inmates.

* * * * *
    (b) An inmate in a control unit may request in writing that an X-
ray be taken in lieu of the digital search discussed in paragraph (a) 
of this section. The Warden shall approve this request, provided it is 
determined and stated in writing by the institution's Clinical Director 
or Acting Clinical Director (may not be further delegated) that the 
amount of X-ray exposure previously received by the inmate, or 
anticipated to be given the inmate in the immediate future, does not 
make the proposed X-ray medically unwise. Staff are to place 
documentation of the X-ray, and the inmate's signed request for it, in 
the inmate's central and medical files. The Warden's authority may not 
be delegated below the level of Acting Warden.
* * * * *
    4. In Sec. 541.49, paragraph (a) is amended by revising the second 
sentence to read as follows:


Sec. 541.49  Review of control unit placement.

    (a) * * * Once every 30 days, the control unit team, comprised of 
the control unit manager and other members designated by the Warden 
(ordinarily to include the officer-in-charge or lieutenant, case 
manager, and education staff member assigned to the unit), shall meet 
with an inmate in the control unit. * * *
* * * * *
    5. In Sec. 541.50, paragraph (b)(2) is revised to read as follows: 

[[Page 46485]]



Sec. 541.50  Release from a control unit.

* * * * *
    (b) * * *
    (2) To another federal or non-federal institution; or
* * * * *

[FR Doc. 95-21933 Filed 9-5-95; 8:45 am]
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