[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Proposed Rules]
[Pages 5846-5847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3288]



      
      

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 540



Correspondence: Restricted Special Mail Procedures; Proposed Rule

  Federal Register / Vol. 61, No. 31 / Wednesday, February 14, 1996 / 
Proposed Rules  
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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1048-P]
RIN 1120-AA48


Correspondence: Restricted Special Mail Procedures

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on correspondence to provide for restricted special 
mail procedures in instances where the Warden has reason to believe 
that the special mail either has posed a threat or may pose a threat of 
physical harm to the intended recipient. Under these procedures, 
special mail addressed to Federal court officials, members of Congress, 
or, if requested, by other intended special mail recipients would be 
subject to inspection, in the presence of the inmate, for contraband or 
the threat of physical harm. These amendments are intended to provide 
for the continued efficient and secure operation of the institution and 
to protect the public.

DATES: Comments must be received by April 15, 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, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend 
its regulations on correspondence (28 CFR part 540, subpart B). Current 
regulations on this subject were published in the Federal Register on 
October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56 
FR 4159).
    Current provisions in Sec. 540.18(c) state that outgoing special 
mail may be sealed by the inmate and is not subject to inspection. The 
Bureau is revising paragraph (c) to allow for restricted special mail 
procedures for special mail addressed to Federal court officials and 
members of Congress, and, if so requested, to other intended 
recipients. These restricted special mail procedures apply in cases 
where the Warden (with the concurrence of the Regional Counsel) 
documents in writing that the inmate's special mail either has posed a 
threat or may pose a threat of physical harm to the intended recipient. 
Any inmate placed on restricted special mail status would be notified 
in writing by the Warden of the reason for being so placed. The Warden 
is required to review an inmate's restricted special mail status at 
least once every 180 days and to notify the inmate in writing of the 
results of that review. The inmate may be removed from restricted 
special mail status if the Warden (with the concurrence of the Regional 
Counsel) determines that the inmate's special mail does not threaten or 
pose a threat of physical harm to the intended recipient.
    An example of a case in which the inmate's special mail may pose a 
threat of physical harm is when an inmate's past criminal activity or 
current behavior suggests a propensity to harm others through use of 
the mail. Even though confined in an institution, an inmate convicted 
of sending explosives through the mail may be capable of assembling a 
device to be included in special mail, which poses a danger to the 
intended recipient.
    Procedures for restricted special mail allow staff to inspect 
special mail material and then to observe the inmate sealing the 
material. This procedure is not dissimilar to the Bureau's procedures 
for the receipt of incoming special mail under which special mail 
addressed to an inmate is opened in the presence of the inmate for 
inspection for physical contraband and the qualification of any 
enclosures as special mail.
    The intent of this amendment is to apply the status of restricted 
special mail only when the inmate's conduct warrants it. The Bureau 
estimates that the vast majority of outgoing inmate special mail will 
be unaffected by the amendment. An inmate who is so affected may appeal 
the action through the administrative remedy procedure which is 
available to inmates for the formal review of a complaint which relates 
to the inmate's imprisonment.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly was not reviewed by the Office of Management and Budget. 
After review of the law and regulations, the Director, Bureau of 
Prisons has certified that this rule, for the purpose of the Regulatory 
Flexibility Act (Pub. L. 96-354), does not have a significant impact on 
a substantial number of small entities.
    Interested persons may participate in this proposed 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 proposed rule may be changed in 
light of the comments received. No oral hearings are contemplated.

List of Subjects in 28 CFR Part 540

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

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), part 540 in subchapter C of 28 
CFR, chapter V is 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 is revised to read as 
follows:

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

    2. In Sec. 540.18, paragraphs (c) and (d) are revised to read as 
follows:


Sec. 540.18  Special mail.

* * * * *
    (c) (1) Except as provided for in paragraph (c)(2) of this section, 
outgoing special mail may be sealed by the inmate and is not subject to 
inspection.
    (2) Special mail shall be screened in accordance with the 
provisions of paragraph (c)(2)(iii) of this section when the special 
mail is being sent by an inmate who has been placed on restricted 
special mail status and the special mail is addressed to a Federal 
court official, a member of Congress, or to any other intended 
recipient when that other intended recipient has requested such 
treatment.
    (i) An inmate may be placed on restricted special mail status if 
the Warden, with the concurrence of the Regional Counsel, documents in 
writing that the special mail either has posed a threat or may pose a 
threat of physical harm to the recipient (e.g., the inmate has 
previously used special mail to threaten physical harm to a recipient).
    (ii) The Warden shall notify the inmate in writing of the reason 
the inmate is being placed on restricted special mail status. 

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    (iii) An inmate on restricted special mail status must present all 
materials and packaging intended to be sent as special mail to staff 
for inspection. Staff shall inspect the special mail material and 
packaging, in the presence of the inmate, for contraband or the threat 
of physical harm. Upon completion of the inspection, staff shall return 
the special mail material to the inmate if the material does not 
contain contraband, or pose a threat of physical harm to the intended 
recipient. The inmate must then seal the special mail material in the 
presence of staff. Special mail determined to pose a threat to the 
intended recipient shall be forwarded to the appropriate law 
enforcement entity. Staff shall send a copy of the material, minus the 
contraband, to the intended recipient along with notification that the 
original of the material was forwarded to the appropriate law 
enforcement entity.
    (iv) The Warden shall review an inmate's restricted special mail 
status at least once every 180 days. The inmate is to be notified of 
the results of this review. An inmate may be removed from restricted 
special mail status if the Warden determines, with the concurrence of 
the Regional Counsel, that the special mail does not threaten or pose a 
threat of physical harm to the intended recipient.
    (v) An inmate on restricted mail status may seek review of the 
restriction through the Administrative Remedy Procedure.
    (d) Except for special mail processed in accordance with paragraph 
(c)(2) of this section, staff shall stamp the following statement 
directly on the back side of the inmate's outgoing special mail: ``The 
enclosed letter was processed through special mailing procedures for 
forwarding to you. The letter has neither been opened nor inspected. If 
the writer raises a question or problem over which this facility has 
jurisdiction, you may wish to return the material for further 
information or clarification. If the writer encloses correspondence for 
forwarding to another addressee, please return the enclosure to the 
above address.''

[FR Doc. 96-3288 Filed 2-13-96; 8:45 am]
BILLING CODE 4410-05-P