[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Proposed Rules]
[Pages 54922-54928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26612]
[[Page 54921]]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 541
Inmate Discipline and Good Conduct Time; Proposed Rule
Federal Register / Vol. 60, No. 207 / Thursday, October 26, 1995 /
Proposed Rules
[[Page 54922]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[BOP-1040-P]
RIN 1120-AA34
Inmate Discipline and Good Conduct Time
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing to
implement provisions of the Violent Crime Control and Law Enforcement
Act of 1994 which make the earning of good conduct time by violent
offenders contingent upon exemplary compliance with institution
regulations. The list of sanctions which may be imposed by the
Discipline Hearing Officer in instances where an inmate has been
determined to be not in compliance with institution regulations is
accordingly being modified to achieve this purpose.
DATES: Comments must be submitted by December 26, 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: Bureau of Prisons regulations on inmate
discipline were previously published in the Federal Register January 5,
1988 (53 FR 197) and were amended October 17, 1988 (53 FR 40686),
September 22, 1989 (54 FR 38987 and 39095), February 1, 1991 (56 FR
4159), July 10, 1991 (56 FR 31530), June 2, 1992 (57 FR 23260), and
July 21, 1993 (58 FR 39095).
Section 20405 of the Violent Crime Control and Law Enforcement Act
of 1994 provides that a prisoner who is serving a term of imprisonment
of more than one year for a crime of violence, other than a term of
imprisonment for the duration of the prisoner's life, may receive
credit toward the service of the prisoner's sentence, beyond the time
served, of up to 54 days at the end of each year of the prisoner's term
of imprisonment, beginning at the end of the first year of the term,
subject to the determination by the Bureau of Prisons that, during that
year, the prisoner has displayed exemplary compliance with such
institutional disciplinary regulations.
To that purpose, the Bureau is proposing the following amendments.
28 CFR 541.13(a)(1) is amended to ensure that when a VCCLEA inmate
rated as violent (i.e., an inmate who, as specified in the Violent
Crime Control and Law Enforcement Act of 1994, committed a crime of
violence after September 13, 1994) is found to have committed a
greatest category offense, the Discipline Hearing Officer (DHO) must,
as a minimum, impose a sanction disallowing all Good Conduct Time (GCT)
for the evaluation period. This means a loss of 54 days GCT. Section
541.13(a)(2) is similarly amended to require the DHO to impose, as a
minimum, a sanction disallowing all GCT when a VCCLEA inmate rated as
violent is found to have committed a high category offense. As revised,
paragraph (a)(2) also requires that all high category offense charges
for a VCCLEA inmate rated as violent be referred to the DHO for
disposition.
Section 541.13(a)(3) is amended to require the DHO to impose, as a
minimum, a sanction disallowing up to 14 days GCT when the DHO finds
that a VCCLEA inmate rated as violent has committed a moderate offense
category. As revised, paragraph (a)(3) allows, but does not require,
the Unit Discipline Committee to refer to the DHO a moderate category
charge for a VCCLEA inmate rated as violent.
Section 541.13(a)(4) is amended to require the DHO to impose, as a
minimum, a sanction disallowing up to 7 days GCT when the DHO finds
that a VCCLEA inmate rated as violent has committed a low moderate
category offense. As revised, paragraph (a)(3) allows, but does not
require, the Unit Discipline Committee to refer to the DHO a low
moderate category charge for a VCCLEA inmate.
Section 541.13(f) is amended in conformance with changes to Table 6
as discussed below.
Table 3 for Sec. 541.13 is amended by specifying the applicable
loss of GCT in Sanction B.1 for the various categories of offenses, by
specifying in Sanction B.1 that disallowance sanction may not be
suspended, and by including reference to non-vested GCT in Sanction B.
Previously, GCT became vested when awarded. Because Section 20412 of
the Violent Crime Control and Law Enforcement Act of 1994 requires
that, for VCCLEA inmates (whether rated violent or not), GCT is vested
upon obtaining or upon making satisfactory progress toward obtaining a
GED, it is possible for a VCCLEA inmate to have been awarded GCT which
is not vested.
Table 4 for Sec. 541.13 is amended to include conforming changes to
the explanations of Sanctions B and B.1. With respect to Moderate
Category and Low Moderate Category Prohibited Acts, Sanction B.1
provides that the amount of disallowed GCT for VCCLEA inmates rated as
violent ordinarily shall be a minimum of 14 days or 7 days GCT
respectively, but that the DHO may impose less upon careful examination
of mitigating factors.
Table 5 for Sec. 541.13 is amended to include reference to non-
vested GCT.
Section 541.14(a) is amended to specify that only the DHO may make
a final disposition on a prohibited act in the Greatest Severity or on
a High Category prohibited act (when the High Category prohibited act
has been committed by a VCCLEA inmate rated as violent.
As noted above, these proposed sanctions are applicable to VCCLEA
inmates rated as violent (i.e., inmates who, as specified in the
Violent Crime Control and Law Enforcement Act of 1994, committed a
crime of violence after September 13, 1994). Inmates who are eligible
for good conduct time because they were sentenced under the provisions
of the Sentencing Reform Act of 1984, but who were sentenced for a
crime of violence committed on or before September 13, 1994 are not
defined as ``VCCLEA inmates rated as violent'' and consequently would
be unaffected by the proposed new sanctions for those inmates.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the previously cited
address. Comments received during the comment period will be considered
before final action is taken. All comments received remain on file for
public inspection at the previously cited address. The proposed rule
may be changed in light of the comments received. No oral hearings are
contemplated.
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
[[Page 54923]]
Prisons in 28 CFR 0.96(p), part 541 in subchapter C of 28 CFR, chapter
V is proposed to be 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. 541.13, paragraphs (a) (1) through (4), (f), and Tables
3, 4, and 5 are revised to read as follows:
Sec. 541.13 Prohibited acts and disciplinary severity scale.
(a) * * *
(1) Greatest category offenses. The Discipline Hearing Officer
(DHO) shall impose and execute one or more of sanctions A through E.
Sanction B.1 must be imposed for a VCCLEA inmate rated as violent
(i.e., an inmate who, as specified in the Violent Crime Control and Law
Enforcement Act of 1994, committed a crime of violence after September
13, 1994). The DHO may impose and execute sanction F and/or G only in
addition to execution of one or more of sanctions A through E. Except
as noted in the sanction, the DHO may also suspend one or more
additional sanctions A through G.
(2) High category offenses. The Discipline Hearing Officer shall
impose and execute one or more of sanctions A through M, and, except as
noted in the sanction, may also suspend one or more additional
sanctions A through M. Sanction B.1 must be imposed for a VCCLEA inmate
rated as violent. The Unit Discipline Committee shall impose and
execute one or more of sanctions G through M, and may suspend one or
more additional sanctions G through M, except for a VCCLEA inmate rated
as violent. All high category offense charges for a VCCLEA inmate rated
as violent must be referred to the DHO.
(3) Moderate category offenses. The Discipline Hearing Officer
shall impose at least one sanction A through N, but, except as noted in
the sanction, may suspend any sanction or sanctions imposed. Sanction
B.1 must be imposed for a VCCLEA inmate rated as violent. Except for
charges referred to the DHO, the Unit Discipline Committee shall impose
at least one sanction G through N, but may suspend any sanction or
sanctions imposed. The UDC ordinarily shall refer to the DHO a moderate
category charge for a VCCLEA inmate rated as violent. The UDC must
thoroughly document in writing the reasons why the charge for such
inmate was not referred to the DHO.
(4) Low moderate category offenses. The Discipline Hearing Officer
shall impose at least one sanction B.1, or E through P. The Discipline
Hearing Officer may suspend any E through P sanction or sanctions
imposed (a B.1 sanction may not be suspended). Except for charges
referred to the DHO, the Unit Discipline Committee (UDC) shall impose
at least one sanction G through P, but may suspend any sanction or
sanctions imposed. The UDC ordinarily shall refer to the DHO a low
moderate category charge for a VCCLEA inmate rated as violent. The UDC
must thoroughly document in writing the reasons why the charge for such
inmate was not referred to the DHO.
* * * * *
(f) Sanctions by severity of prohibited act, with eligibility for
restoration of forfeited and withheld statutory good time and forfeited
good conduct time are presented in Table 6.
* * * * *
Table 3.--Prohibited Acts and Disciplinary Severity Scale Greatest Category
[The UDC shall refer all Greatest Severity Prohibited Acts to the DHO with recommendations as to an appropriate disposition]
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Code/Prohibited acts Sanctions
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100 Killing A. Recommend parole date rescission or retardation.
101 Assaulting any person (includes sexual assault) or an armed assault on B. Forfeit earned statutory good time or non-vested good conduct time
the institution's secure perimeter (a charge for assaulting any person at credit (up to 100%) and/or terminate or disallow extra good time (an extra
this level is to be used only when serious physical injury has been good time sanction may not be suspended).
attempted or carried out by an inmate) B1. Disallow ordinarily between 50 and 75% (27-41 days) of good conduct
102 Escape from escort: escape from a secure institution (low, medium, time (GCT) credit available for year (a disallowance sanction may not be
high and administrative type institutions); or escape from a minimum suspended) VCCLEA inmates rated as violent will be disallowed all GCT for
security level institution with violence that evaluation period.
103 Setting a fire (charged with this act in this category only when found C. Disciplinary Transfer (recommend).
to pose a threat to life or a threat of serious bodily harm or in D. Disciplinary Segregation (up to 60 days).
furtherance prohibited act of Greatest Severity, e.g., in furtherance of a E. Make monetary restitution.
riot or escape; otherwise the charge is properly classified Code 218 or F. Withhold statutory good time (Note--can be in addition to A through E--
329) cannot be the only sanction executed).
104 Possession, manufacture, or introduction of a gun, firearm, weapon, G. Loss of privileges (Note--can be in addition to A though E--cannot be
sharpened instrument, knife, dangerous chemical, explosive or any the only sanction executed).
ammunition
105 Rioting
106 Encouraging others to riot
107 Taking hostage(s)
108 Possession, manufacture, or introduction of a hazardous tool (Tools
most likely to be used in an escape or escape attempt or to serve as
weapons capable of doing serious bodily harm to others; or those hazardous
to institutional security or personal safety; e.g., hack-saw blade)
109 Possession, introduction, or use of any narcotics, marijuana, drugs,
or related paraphernalia not prescribed for the individual by the medical
staff
110 Refusing to provide a urine sample or to take part in other drug-abuse
testing
[[Page 54924]]
198 Interfering with a staff member in the performance of duties. (Conduct
must be of the Greatest Severity nature.) This charge is to be used only
when another charge of greatest severity is not applicable
199 Conduct which disrupts or interferes with the security or orderly
running of the institution or the Bureau of Prisons. (Conduct must be of
the Greatest Severity nature.) This charge is to be used only when another
charge of greatest severity is not applicable
200 Escape from unescorted Community Programs and activities and Open A. Recommend parole date rescission or retardation.
Institutions (minimum security level) and from outside secure B. Forfeit earned statutory good time or non-vested good conduct time
institutions--without violence credit up to 50% or up to 60 days, whichever is less, and/or terminate or
201 Fighting with another person disallow extra good time (an extra good time sanction may not be
202 (Not to be used) suspended).
203 Threatening another with bodily harm or any other offense B1. Disallow ordinarily between 25 and 50% (14-27 days) of good conduct
204 Extortion, blackmail, protection: Demanding or receiving money or time credit (GCT) available for year (a disallowance sanction may not be
anything of value in return for protection against others, to avoid bodily suspended). VCCLEA inmates rated as violent will be disallowed all GCT for
harm, or under threat of informing that evaluation period.
205 Engaging in sexual acts C. Disciplinary Transfer (recommend).
206 Making sexual proposals or threats to another D. Disciplinary segregation (up to 30 days).
207 Wearing a disguise or a mask E. Make monetary restitution.
208 Possession of any unauthorized locking device, or lock pick, or F. Withhold statutory good time.
tampering with or blocking any lock device (includes keys), or destroying, G. Loss of privileges: commissary, movies, recreation, etc.
altering, interfering with, improperly using, or damaging any security H. Change housing (quarters).
device, mechanism, or procedure I. Remove from program and/or group activity.
209 Adulteration of any food or drink J. Loss of job.
210 (Not to be used) K. Impound inmate's personal property.
211 Possessing any officer's or staff clothing L. Confiscate contraband.
M. Restrict to quarters.
212 Engaging in, or encouraging a group demonstration
213 Encouraging others to refuse to work, or to participate in a work
stoppage
214 (Not to be used)
215 Introduction of alcohol into BOP facility
216 Giving or offering an official or staff member a bride, or anything of
value
217 Giving money to, or receiving money from, any person for purposes of
introducing contraband or for any other illegal or prohibited purposes
218 Destroying, altering, or damaging government property, or the property
of another person, having a value in excess of $100.00 or destroying,
altering, or damaging life-safety devices (e.g., fire alarm) regardless of
financial value
219 Stealing (theft; this includes data obtained through the unauthorized
use of a communications facility, or through the unauthorized access to
disks, tapes, or computer printouts or other automated equipment on which
data is stored.)
220 Demonstrating, practicing, or using martial arts, boxing (except for
use of a punching bag), wrestling, or other forms of physical encounter,
or military exercise or drill
221 Being in an unauthorized area with a person of the opposite sex
without staff permission
222 Making, possessing, or using intoxicants
223 Refusing to breathe into a breathalyzer or take part in other testing
for use of alcohol
224 Assaulting any person (charged with this act only when a less serious
physical injury or contact has been attempted or carried out by an inmate)
298 Interfering with a staff member in the performance of duties. (Conduct
must be of the High Severity nature.) This charge is to be used only when
another charge of high severity is not applicable
299 Conduct which disrupts or interferes with the security or orderly
running of the institution or the Bureau of Prisons. (Conduct must be of
the High Severity nature.) This charge is to be used only when another
charge of high severity is not applicable
[[Page 54925]]
300 Indecent exposure A. Recommend parole date rescission or retardation.
301 (Not to be used) B. Forfeit earned statutory good time or non-vested good conduct time up to
302 Misuse of authorized medication 25% or up to 30 days whichever is less, and/or terminate or disallow extra
303 Possession of money or currency, unless specifically authorized, or in good time (an extra good time sanction may not be suspended).
excess of the amount authorized B.1 Disallow ordinarily up to 25% (1-14 days) of good conduct time credit
304 Loaning of property or anything of value for profit or increased available for year (a disallowance sanction may not be suspended).
return C. Disciplinary transfer (recommend).
305 Possession of anything not authorized for retention or receipt by the D. Disciplinary segregation (up to 15 days).
inmate, and not issued to him through regular channels E. Make monetary restitution.
306 Refusing to work, or to accept a program assignment F. Withhold statutory good time.
307 Refusing to obey an order of any staff member (May be categorized and G. Loss of privileges: commissary, movies, recreation, etc.
charged in terms of greater severity, according to the nature of the order H. Change housing (quarters).
being disobeyed; e.g., failure to obey an order which furthers a riot I. Remove from program and/or group activity.
would be charged as 105, Rioting; refusing to obey an order which furthers J. Loss of job.
a fight would be charged as 201, Fighting; refusing to provide a urine K. Impound inmate's personal property.
sample when ordered would be charged as Code 110) L. Confiscate contraband.
308 Violating a condition of a furlough M. Restrict to quarters.
309 Violating a condition of a community program N. Extra duty.
310 Unexcused absence from work or any assignment
311 Failing to perform work as instructed by the supervisor
312 Insolence towards a staff member
313 Lying or providing a false statement to a staff member
314 Counterfeiting, forging or unauthorized reproduction of any document,
article of identification, money, security, or official paper (May be
categorized in terms of greater severity according to the nature of the
item being reproduced; e.g., counterfeiting release papers to effect
escape, Code 102 or Code 200)
315 Participating in an unauthorized meeting or gathering
316 Being in an unauthorized area
317 Failure to follow safety or sanitation regulations
318 Using any equipment or machinery which is not specifically authorized
319 Using any equipment or machinery contrary to instructions or posted
safety standards
320 Failing to stand count
321 Interfering with the taking of count
322 (Not to be used)
323 (Not to be used)
324 Gambling
325 Preparing or conducting a gambling pool
326 Possession of gambling paraphernalia
327 Unauthorized contacts with the public
328 Giving money or anything of value to, or accepting money or anything
of value from: another inmate, or any other person without staff
authorization
329 Destroying, altering or damaging government property, or the property
of another person, having a value of $100.00 or less
330 Being unsanitary or untidy; failing to keep one's person and one's
quarters in accordance with posted standards
331 Possession, manufacture, or introduction of a non-hazardous tool or
other non-hazardous contraband (Tool not likely to be used in an escape or
escape attempt, or to serve as a weapon capable of doing serious bodily
harm to others, or not hazardous to institutional security or personal
safety; Other non-hazardous contraband includes such items as food or
cosmetics)
398 Interfering with a staff member in the performance of duties. (Conduct
must be of the Moderate Severity nature.) This charge is to be used only
when another charge of moderate severity is not applicable
399 Conduct which disrupts or interferes with the security or orderly
running of the institution or the Bureau of Prisons. (Conduct must be of
the Moderate Severity nature). This charge is to be used only when another
charge of moderate severity is not applicable
[[Page 54926]]
400 Possession of property belonging to another person B.1 Disallow ordinarily up to 12.5% (1-7 days) of good conduct time credit
401 Possessing unauthorized amount of otherwise authorized clothing available for year (to be used only where inmate found to have committed a
402 Malingering, feigning illness second violation of the same prohibited act within 6 months); Disallow
403 Smoking where prohibited ordinarily up to 25% (1-14 days) of good conduct time credit available for
404 Using abusive or obscene language year (to be used only where inmate found to have committed a third
405 Tattooing or self-mutilation violation of the same prohibited act within 6 months) (a disallowance
406 Unauthorized use of mail or telephone (Restriction, or loss for a sanction may not be suspended).
specific period of time, of these privileges may often be an appropriate E. Make monetary restitution.
sanction G) (May be categorized and charged in terms of greater severity, F. Withhold statutory good time.
according to the nature of the unauthorized use; e.g., the telephone is G. Loss of privileges: commissary, movies, recreation, etc.
used for planning, facilitating, committing an armed assault on the H. Change housing (quarters).
institution's secure perimeter, would be charged as Code 101, Assault) I. Remove from program and/or group activity.
407 Conduct with a visitor in violation of Bureau regulations J. Loss of job.
(Restriction, or loss for a specific period of time, of these privileges K. Impound inmate's personal property.
may often be an appropriate sanction G) L. Confiscate contraband.
408 Conducting a business M. Restrict to quarters.
409 Unauthorized physical contact (e.g., kissing, embracing) N. Extra duty.
O. Reprimand.
P. Warning.
498 Interfering with a staff member in the performance of duties. Conduct
must be of the Low Moderate Severity nature.) This charge is to be used
only when another charge of low moderate severity is not applicable
499 Conduct which disrupts or interferes with the security or orderly
running of the institution or the Bureau of Prisons. (Conduct must be of
the Low Moderate Severity nature.) This charge is to be used only when
another charge of low moderate severity is not applicable
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Note: Aiding another person to commit any of these offenses, attempting to commit any of these offenses, and making plans to commit any of these
offenses, in all categories of severity, shall be considered the same as a commission of the offenses itself.
Table 4.--Sanctions
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1. Sanction of the Discipline Hearing Officer: (upon finding the inmate
committed the prohibited act)
A. Recommend parole date rescission or retardation. The DHO may make
recommendations to the U.S. Parole Commission for retardation or
rescission of parole grants. This may require holding fact-findings
hearings upon request of or for the use of the Commission.
B. Forfeit earned statutory good time, non-vested good conduct time, and/
or terminate or disallow extra good time. The statutory good time
available for forfeiture is limited to an amount computed by
multiplying the number of months served at the time of the offense for
which forfeiture action is taken, by the applicable monthly rate
specified in 18 U.S.C. 4161 (less any previous forfeiture or
withholding outstanding). The amount of good conduct time (GCT)
available for forfeiture is limited to the total number of days in the
``non-vested'' status at the time of the disciplinary hearing (less any
previous forfeiture). Disallowance of extra good time is limited to the
extra good time for the calendar month in which the violation occurs.
It may not be withheld or restored. The sanction of termination or
disallowance of extra good time may not be suspended. Authority to
restore forfeited good time is delegated to the Warden. This decision
may not be delegated lower than the Associate Warden level. Forfeited
good conduct time will not be restored until the inmate has earned a
high school diploma, equivalent degree (GED), or has been given an
exemption to the GED requirement. Limitations on this sanction and
eligibility for restoration are based on the severity scale. (See Table
6)
B.1 Disallowance of good conduct time. An inmate sentenced under the
Sentencing Reform Act provisions of the 1984 Comprehensive Crime
Control Act (includes the inmate who committed his or her crime on or
after November 1, 1987) may not receive statutory good time, but is
eligible to receive 54 days good conduct time credit each year (18
U.S.C. 3624(b)). Once awarded, the credit is vested, and may not be
disallowed. However, for crimes committed on or after September 13,
1994, credit toward an inmate's service of sentence shall not be vested
unless the inmate has earned or is making satisfactory progress toward
a high school diploma or an equivalent degree, or has been exempted
from participation because of a learning disability. Once disallowed,
the credit may not be restored, except by immediate review or appeal
action as indicated below. Prior to this award being made, the credit
may be disallowed for an inmate found to have committed a prohibited
act. A sanction of disallowance of good conduct time may not be
suspended. Only the DHO can take action to disallow good conduct time.
The DHO shall consider the severity of the prohibited act and the
suggested disallowance guidelines in making a determination to disallow
good conduct time. A decision to go above the guideline range is
warranted for a greatly aggravated offense or where there is a
repetitive violation of the same prohibited act that occurs within a
relatively short time frame (e.g., within 18 months for the same
greatest severity prohibited act, within 12 months for the same high
severity prohibited act, and within 6 months for the same moderate
severity prohibited act). A decision to go below the guidelines is
warranted for strong mitigating factors. Any decision outside the
suggested disallowance guidelines is to be documented and justified in
the DHO report.
VCCLEA inmates rated as violent will ordinarily be disallowed 14 days
good conduct time for each moderate level prohibited act they are found
to have committed at a DHO hearing; VCCLEA inmates rated as violent
will ordinarily be disallowed 7 days good conduct time for each low
moderate level prohibited act they are found to have committed at a DHO
hearing. However, the DHO may, after careful consideration of
mitigating factors (seriousness of the offense, the inmate's past
disciplinary record, the lack of available good conduct time, etc.)
choose to impose a lesser sanction, or even disallow no GCT for
moderate level and low moderate level prohibited acts by VCCLEA inmates
rated as violent. The DHO must thoroughly detail the rationale for
choosing to disallow less than 14 days or 7 days respectively. This
will be documented in Section VII of the DHO report. Disallowances of
amounts greater than 14 days or 7 days respectively will occur with
repetitive offenses consistent with Table 5.
[[Page 54927]]
The decision of the DHO is final and is subject only to review by the
Warden to ensure conformity with the provisions of the disciplinary
policy and by inmate appeal through the administrative remedy
procedures. The DHO is to ensure that the inmate is notified that any
appeal of a disallowance of good conduct time must be made within the
time frames established in the Bureau's rule on administrative remedy
procedures.
Except for VCCLEA inmates rated as violent, Sanction B.1 may be imposed
on the Low Moderate category only where the inmate has committed the
same low moderate prohibited act more than one time within a six-month
period.
C. Recommend disciplinary transfer. The DHO may recommend that an inmate
be transferred to another institution for disciplinary reasons. Where a
present or impending emergency requires immediate action, the Warden
may recommend for approval of the Regional Director the transfer of an
inmate prior to either a UDC or DHO Hearing. Transfers for disciplinary
reasons prior to a hearing before the UDC or DHO may be used in
emergency situations and only with approval of the Regional Director.
When an inmate is transferred under these circumstances, the sending
institution shall forward copies of incident reports and other relevant
materials with completed investigation to the receiving institution's
Discipline Hearing Officer. The inmate shall receive a hearing at the
receiving institution as soon as practicable under the circumstances to
consider the factual basis of the charge of misconduct and the reasons
for the emergency transfer. All procedural requirements applicable to
UDC or DHO hearings contained in this rule are appropriate, except that
written statements of unavailable witnesses are liberally accepted
instead of live testimony.
D. Disciplinary segregation. The DHO may direct that an inmate be placed
or retained in disciplinary segregation pursuant to guidelines
contained in this rule. Consecutive disciplinary segregation sanctions
can be imposed and executed for inmates charged with and found to have
committed offenses that are part of different acts only. Specific
limits on time in disciplinary segregation are based on the severity
scale. (See Table 6)
E. Make monetary restitution. The DHO may direct that an inmate
reimburse the U.S. Treasury for any damages to U.S. Government property
that the individual is determined to have caused or contributed to.
F. Withholding statutory good time. The DHO may direct that an inmate's
good time be withheld. Withholding of good time should not be applied
as a universal punishment to all persons in disciplinary segregation
status. Withholding is limited to the total amount of good time
creditable for the single month during which the violation occurs. Some
offenses, such as refusal to work at an assignment, may be recurring,
thereby permitting, when ordered by the DHO, consecutive withholding
actions. When this is the intent, the DHO shall specify at the time of
the initial DHO hearing that good time may be withheld until the inmate
elects to return to work. During the running of such a withholding
order, the DHO shall review the offense with the inmate on a monthly
basis. For an on-going offense, staff need not prepare a new Incident
Report or conduct an investigation or initial hearing (UDC). The DHO
shall provide the inmate an opportunity to appear in person and to
present a statement orally or in writing. The DHO shall document its
action on, or by an attachment to, the initial Institution Discipline
report. If further withholding is ordered, the DHO shall advise the
inmate of the inmate's right to appeal through the Administrative
Remedy procedures (Part 542). Only the Warden may restore withheld
statutory good time. This decision may not be delegated lower than the
Associate Warden level. Restoration eligibility is based on the
severity scale. (See Table 6)
2. Sanctions of the Discipline Hearing Officer/Unit Discipline
Committee: (upon finding the inmate committed the prohibited act)
G. Loss of privileges: commissary, movies, recreation, etc. The DHO or
UDC may direct that an inmate forego specific privileges for a
specified period of time. Ordinarily, loss of privileges is used as a
sanction in response to an abuse of that privilege. However, the DHO or
UDC may impose a loss of privilege sanction not directly related to the
offense when there is a lack of other appropriate sanctions or when
imposition of an appropriate sanction previously has been ineffective.
H. Change housing (quarters). The DHO or UDC may direct that an inmate
be removed from current housing and placed in other housing.
I. Remove from program and/or group activity. The DHO or UDC may direct
that an inmate forego participating in any program or group activity
for a specified period of time.
J. Loss of job. The DHO or UDC may direct that an inmate be removed from
present job and/or be assigned to another job.
K. Impound Inmate's personal property. The DHO or UDC may direct that an
inmate's personal property be stored in the institution (when relevant
to offense) for a specified period of time.
L. Confiscate contraband. The DHO or UDC may direct that any contraband
in the possession of an inmate be confiscated and disposed of
appropriately.
M. Restrict quarters. The DHO or UDC may direct that an inmate be
confined to quarters or in its immediate area for a specified period of
time.
N. Extra Duty. The DHO or UDC may direct that an inmate perform tasks
other than those performed during regularly assigned institutional job.
O. Reprimand. The DHO or UDC may reprimand an inmate either verbally or
in writing.
P. Warning. The DHO or UDC may verbally warn an inmate regarding
committing prohibited act(s).
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Table 5.--Sanctions for Repetition of Prohibited Acts Within Same Category\1\
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Prior offense (same
Category code) within time Frequency of repeated offense Sanction permitted
period
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Low Moderate (400 series).................... 6 months............. 2d offense.......................... Low Moderate Sanctions, plus:
1. Disciplinary segregation, up to 7 days.
2. Forfeit earned SGT or non-vested GCT up
to 10% or up to 15 days, whichever is less,
and/or terminate or disallow extra good
time (EGT) (an EGT sanction may not be
suspended).
3d offense, or more................. Any sanctions available in Moderate (300)
and Low Moderate (400) series
Moderate (300 series)........................ 12 months............ 2d offense.......................... Moderate Sanctions (A, C, E-N), plus:
1. Disciplinary segregation, up to 21 days.
2. Forfeit earned SGT or non-vested GCT up
to 37\1/2\% or up to 45 days, whichever is
less, and/or terminate or disallow EGT (an
EGT sanction may not be suspended).
3d offense, or more................. Any sanctions available in Moderate (300)
and High (200) series.
High (200 series)............................ 18 months............ 2d offense.......................... High Sanction (A, C, E-M), plus:
[[Page 54928]]
1. Disciplinary segregation, up to 45 days.
2. Forfeit earned SGT or non-vested GCT up
to 75% or up to 90 days, whichever is less,
and/or terminate or disallow EGT (an EGT
sanction may not be suspended).
3d offense, or more................. Any sanction available in High (200) and
Greatest (100) series.
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\1\ When the Unit Discipline Committee or DHO finds that an inmate has committed a prohibited act in the Low Moderate, Moderate, or High category, and
when there has been a repetition of the same offense(s) within recent months (offenses for violation of the same code), increased sanctions are
authorized to be imposed by the DHO according to the following chart.
(Note: An informal resolution may not be considered as a prior offense for purposes of this chart.)
3. In Sec. 541.14, paragraph (a) is amended by revising the last
sentence to read as follows:
Sec. 541.14 Incident report and investigation.
(a) Incident report. * * * Only the DHO may make a final
disposition on a prohibited act in the Greatest Severity Category or on
a prohibited act in the High Category (when the High Category
prohibited act has been committed by a VCCLEA inmate rated as violent).
* * * * *
[FR Doc. 95-26612 Filed 10-25-95; 8:45 am]
BILLING CODE 4410-05-P