[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Proposed Rules]
[Pages 92-93]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31498]




  Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / 
Proposed Rules  

[[Page 92]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP-1050-P]
RIN 1120-AA49


Telephone Regulations and Inmate Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

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

SUMMARY: In this document, the Bureau of Prisons (Bureau) is proposing 
to limit telephone privileges to 60 minutes of debit calls per month 
for inmates who refuse to participate in the inmate financial 
responsibility program (IFRP). Additionally, the Bureau proposes to 
impose a $25 per month spending limitation upon the commissary 
purchases of IFRP refusees, excluding the purchase of stamps and 
telephone credits. These actions are made pursuant to the terms of a 
settlement approved by the District Court in a nation-wide federal 
prisoner class action, Washington v. Reno, Nos. 93-217, 93-290 (E.D. 
KY), and are intended to continue encouraging inmates to participate in 
the IFRP.

DATES: Comments are due on March 4, 1996.

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, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is proposing 
to amend its rules on telephone regulations (28 CFR part 540, subpart 
I) and on the inmate financial responsibility program (IFRP) (28 CFR 
part 545, subpart B) which were published in the Federal Register on 
April 4, 1994 (59 FR 15812).
    In the April 4, 1994, revision of its rules on telephone 
regulations and on the IFRP, the Bureau delayed the effective date for 
provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed 
limitations on the telephone privileges of inmates refusing to 
participate in the IFRP. These provisions were to become effective 
January 3, 1995. Due to ongoing litigation in Washington v. Reno, the 
effective date for these provisions was further delayed until January 
4, 1996. See 60 FR 240. In accordance with the court-approved 
settlement in Washington v. Reno, Nos. 93-217, 93-290 (E.D. KY), the 
Bureau has withdrawn those provisions in a document published elsewhere 
in today's Federal Register.
    Also in accordance with provisions of the settlement in Washington 
v. Reno, this proposed rule specifies providing only debit telephone 
calling privileges for inmates who refuse to participate in the IFRP 
and to limit such debit calling privileges to 60 minutes of debit calls 
per month. This proposed limitation will not take effect until 
installation of the new nation-wide telephone system, per terms of the 
settlement in Washington v. Reno.
    Local institution guidelines continue to govern the duration of 
each individual call. As with all inmate telephone privileges, the 
Warden retains the discretion to further limit the debit calling 
privileges of inmates who refuse to participate in the IFRP to ensure 
the security or good order, including discipline of the institution or 
to protect the public, 28 CFR Sec. 540.100. Telephone privileges of 
inmates who refuse to participate in the IFRP may also be further 
limited as a disciplinary sanction, 28 CFR part 541.
    Additionally, the Bureau is proposing to amend the provision in 28 
CFR 545.11(d) which relates to the monthly commissary spending 
limitation imposed upon inmates who refuse to participate in the IFRP. 
Specifically, under 28 CFR 545.11(d)(6), IFRP refusees currently are 
not permitted to purchase any items in excess of the monthly spending 
limitation for all inmates, including special purchase items like 
sports equipment, hobby crafts, etc. The Bureau proposes to revise this 
provision to impose upon IFRP refusees a more stringent monthly 
spending limitation than that imposed upon all inmates. Pursuant to the 
terms of the settlement in Washington v. Reno, the proposed rule 
specifies that the monthly spending limitation upon IFRP refusees shall 
be at least $25 per month and excludes purchases of stamps and 
telephone credits.
    Interested persons may participate in this rulemaking by submitting 
data, views, or arguments in writing to the Bureau of Prisons, 320 
First Street, NW., HOLC Room 754, Washington, DC 20534. Comments 
received during the comment period will be considered before final 
action is taken. All comments received remain on file for public 
inspection at the above address.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly this rule has not been reviewed by the Office of Management 
and Budget pursuant to E.O. 12866. 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 540 and 545

    Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), parts 540 and 545 in subchapter C 
of 28 CFR, chapter V are proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3013, 3571, 
3572, 3621, 3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in 
part as to offenses committed on or after November 1, 1987), 5006-
5024 (Repealed October 12, 1984 as to offenses committed after that 
date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.

    2. In Sec. 540.105, paragraph (c) is added to read as follows:


Sec. 540.105  Expenses of inmate telephone use.

* * * * *
    (c) The Warden shall limit the telephone privileges (collect and 
debit calls) of an inmate who has refused to participate in the Inmate 
Financial Responsibility Program (IFRP) as specified in 28 CFR part 
545.
* * * * *

PART 545--WORK AND COMPENSATION

    1. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622, 
3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 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. 545.11, paragraph (d)(6) is revised, and paragraph 
(d)(10) is added, to read as follows:


Sec. 545.11  Procedures.

* * * * * 

[[Page 93]]

    (d) * * *
    (6) The inmate shall be subject to a monthly commissary spending 
limitation more stringent than the monthly commissary spending 
limitation set for all inmates. This more stringent commissary spending 
limitation for IFRP refusees shall be at least $25 per month, excluding 
purchases of stamps and telephone credits.
* * * * *
    (10) The inmate is restricted to the use of debit telephone calls 
and will be allowed to make 60 minutes of debit telephone calls per 
month, unless the Warden further limits the inmate's telephone 
privileges to ensure the security or good order, including discipline 
of the institution, or to protect the public, pursuant to 28 CFR 
Sec. 540.100, or the inmate's telephone privileges are restricted as a 
disciplinary sanction under 28 CFR, part 541. Any exception to this 
provision requires approval of the Warden and is to be based on 
compelling circumstances.
* * * * *
[FR Doc. 95-31498 Filed 12-29-95; 8:45 am]
BILLING CODE 4410-05-P