[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.

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

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]              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Code/Prohibited acts                                                              Sanctions                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
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                                                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
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                          
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
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).                                          
------------------------------------------------------------------------



                                      Table 5.--Sanctions for Repetition of Prohibited Acts Within Same Category\1\                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Prior offense (same                                                                                     
                   Category                      code) within time        Frequency of repeated offense                  Sanction permitted             
                                                       period                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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