[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11274-11276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6538]




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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Part 551



Inmate Organizations; Final Rule

  Federal Register / Vol. 61, No. 54 / Tuesday, March 19, 1996 / Rules 
and Regulations  

[[Page 11274]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1045-F]
RIN 1120-AA42


Inmate Organizations

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Prisons is revising its regulations on Inmate 
Organizations to prohibit fund-raising activities by inmates and to 
phase out provisions governing inmate accountability for funds. This 
amendment is intended to provide for the continued efficient and 
orderly operation of the institution and the Bureau.

EFFECTIVE DATE: This rule is effective April 18, 1996, except 
Sec. 551.37 is effective from April 18, 1996 through June 30, 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 revising its 
regulations on Inmate Organizations (28 CFR part 551, subpart D). A 
proposed rule on this subject was published in the Federal Register on 
October 20, 1995 (60 FR 54289). The Bureau received comment from three 
respondents. A summary of this public comment and Bureau response 
follows.
    One commenter, writing for a specific inmate organization, objected 
to the proposed ban on fund-raising activities on the grounds that the 
activities benefitted both inmate and local community populations. The 
commenter noted that his organization operated in a fiscally 
responsible manner and had not been the cause of any financial problem. 
The commenter stated that fund-raising activities were important to the 
successful continuation of the club and its camp efforts, and urged 
that the proposed rule be withdrawn or modified in order to allow for 
exemption of specific organizations.
    While not all inmate organizations have posed financial concerns, 
the potential for problems and the dedication of staff resources to 
help ensure that such problems do not arise under the current 
provisions is sufficient to warrant the Bureau's proposed action. As 
stated in the proposed rule, the amendment is not intended to eliminate 
inmate activities, but rather to fund such approved inmate activities 
from designated sources, including, for example, the Trust Fund.
    Another commenter raised a variety of objections to the proposed 
rule. This commenter objected to the determinations that the proposed 
rule was not a significant regulatory action nor had a significant 
impact on small entities, and was not reviewed by the Office of 
Management and Budget. The Bureau notes that the proposed rulemaking 
was promulgated in accordance with the procedures of E.O. 12866, 
including those provisions pertinent to the oversight of the Office of 
Management and Budget. This rulemaking does not meet the definition of 
significant regulatory action contained in E.O. 12866 and accordingly 
is not required to be submitted to the Office of Management and Budget. 
The commenter speculated that several small businesses will be 
negatively impacted by the rulemaking. The Bureau notes that this 
speculation does not approach the defined threshold of significant 
impact (see 5 U.S.C. 605(b)).
    In general, this commenter felt that the proposed rule was 
regressive and not supportive of rehabilitation. More specifically, the 
commenter objected on the grounds that the proposed rule would reduce 
the number of inmate activities and consequently increase inmate 
idleness and unrest. The commenter noted that inmate organizations 
provided inmates with access to national organizations and consequently 
served a positive goal of maintaining contact with the public. The 
commenter stated that allowing the organizations to maintain themselves 
through dues prevented significant impact on the Bureau's 
appropriations. The Bureau notes that the revised regulations do not 
limit access to national organizations and therefore do not adversely 
affect the maintenance of community contacts. With respect to a 
possible reduction of inmate activities and the possible growth of 
inmate idleness and unrest, the Bureau believes this concern is 
overstated. A variety of activities are available to inmates, as 
indicated in 28 CFR 551.34. The Bureau is committed to funding approved 
activities. The elimination of fund-raising activities (particularly 
when the purpose of the fund-raising activity is to fund other 
activities) should not significantly reduce the number of approved 
activities for inmates. With respect to the comment on financial 
impact, the Bureau points out that while some inmate organizations have 
not posed financial problems, as noted above, this is not true for all 
inmate organizations. Remedying these financial problems does have an 
impact on Bureau appropriations. The Bureau prefers to allocate its 
resources (whether monetary or staffing) to activities which do not 
entail the potential problems of fund-raising.
    The commenter also objected alleging that inmates were not advised 
of the proposed regulation until December 1, 1995, and consequently 
were impeded in their ability to respond to the proposal or to inform 
their families for added comment. Publication in the Federal Register 
provides sufficient and proper notice of agency rulemaking to the 
general public. The Bureau, in order to help ensure notice to the 
inmate population, posts its rulemaking documents in Bureau 
institutions. The Bureau notes that copies of the proposed rule were 
distributed to institutions for posting on November 3, 1995. Access to 
these postings at certain institutions may have been delayed due to 
security conditions necessitated by inmate disturbances. As evidenced 
by the fact that the commenter's comment has been considered in this 
rulemaking, the Bureau believes the December 19, 1995, deadline 
afforded sufficient opportunity for comment.
    A third commenter, whose submitted comments were dated December 11, 
1995, objected to late posting of the proposed rule at a particular 
institution. This commenter also objected to the statement that the 
proposed rule was intended to provide for the continued efficient and 
orderly running of the institution, stating that the security concerns 
were an exaggeration. The commenter suggested that the Bureau's 
motivation was to increase commissary sales.
    As noted above, delays in posting may have resulted in certain 
institutions due to security concerns necessitated by inmate 
disturbances. The timing of the posting at the institution cited did 
not appear to impede the timely filing by the commenter. With respect 
to motivation for the proposed rule, the Bureau believes that budgetary 
constraints do play a role in the efficient and orderly operation of 
the institution, and that the proposed changes were a reasonable means 
of achieving legitimate penological goals.
    This commenter also questioned the certification under the 
Regulatory Flexibility Act that the rulemaking did not have a 
significant impact on a substantial number of small entities. The 
commenter also claimed that the Bureau was in violation of the law for

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refusing to present rule changes to the Office of Management and Budget 
and Congress. The Bureau notes, as above, that the rulemaking was 
promulgated in accordance with the procedures of E.O. 12866, including 
those provisions pertinent to Office of Management and Budget 
oversight.
    In adopting the proposed rule as final, the Bureau has made the 
following organizational or editorial changes to the regulations. In 
Sec. 551.31, paragraph (a) was reworded to clarify that activation of 
the organization is dependent upon the Warden's approval. The 
provisions in proposed paragraph (c) have been restated in a new 
Sec. 551.35. In Sec. 551.33, the phrase ``national organization'' has 
been used instead of the phrase ``National Chapter.'' That same 
paragraph is further amended to clarify that the Warden is authorized 
to approve the rate and method of institution collection of dues. The 
Warden was not intended to exercise authority over non-institution 
collection of dues by a national organization. Section 551.34 was 
amended to remove reference to purchase of items. This provision is 
covered in a new Sec. 551.36 (proposed as Sec. 551.35). Section 551.34 
was further amended to remove the parenthetical phrase ``(if 
appropriate)''. Proposed Secs. 551.35 and 551.36 were redesignated as 
Secs. 551.36 and 551.37 in order to accommodate the new section on 
withdrawal of approval, as noted above. Finally, for reasons of orderly 
codification, newly designated Sec. 551.37 is not included in the 
revised subpart, but is added to the subpart separately in order to 
facilitate a ``sunset'' provision. Because these further changes are 
either organizational or editorial in nature and have no adverse impact 
upon inmates, the Bureau finds good cause for exempting the provisions 
of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, the opportunity for public comment. Members of the 
public may submit comments concerning these changes or other provisions 
of the rule by writing to the previously cited address. These comments 
will be considered but will receive no response in the Federal 
Register.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly 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 (5 U.S.C. 601 et seq.), does not have a significant 
economic impact on a substantial number of small entities within the 
definition of the Act.

List of Subjects in 28 CFR Part 551

    Prisoners.
John L. Clark,
Acting 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 551 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 551--MISCELLANEOUS

    1. The authority citation for 28 CFR part 551 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 
4005, 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney 
General's August 6, 1991 Guidelines for Victim and Witness 
Assistance.

    2. Subpart D, consisting of Secs. 551.30 through 551.36, is revised 
to read as follows.

Subpart D--Inmate Organizations

Sec.
551.30  Purpose and scope.
551.31  Approval of an organization.
551.32  Staff supervision.
551.33  Dues.
551.34  Organization activities.
551.35  Withdrawal of approval of an organization.
551.36  Funding.

Subpart D--Inmate Organizations


Sec. 551.30  Purpose and scope.

    The Bureau of Prisons permits inmates and persons in the community 
to participate in approved inmate organizations for recreational, 
social, civic, and benevolent purposes.


Sec. 551.31  Approval of an organization.

    (a) An inmate must submit a request for recognition of a proposed 
inmate organization to the Warden. The organization may not become 
active without the Warden's approval.
    (b) The Warden may approve an inmate organization upon determining 
that:
    (1) The organization has a constitution and bylaws duly approved by 
its members; the constitution and bylaws must include the 
organization's purpose and objectives, the duties and responsibilities 
of its officer(s), and the requirements for activities reporting and 
operational review; and
    (2) The organization does not operate in opposition to the 
security, good order, or discipline of the institution.


Sec. 551.32  Staff supervision.

    (a) The Warden shall appoint a staff member as the institution's 
Inmate Organization Manager (IOM). The IOM shall be responsible for 
monitoring the activities of the institution's inmate organizations and 
staff sponsors.
    (b) The Warden or designee shall assign to a staff sponsor 
responsibility for supervising the activities of an individual inmate 
organization. The staff sponsor's duties are performed while in 
official duty status.


Sec. 551.33  Dues.

    Dues may be collected if they are required by the national 
organization, are collected by that same national organization, and the 
rate and method of institution collection have been approved by the 
Warden. No portion of the dues may be kept by the inmate organization 
for use at the institution. The organization may not make payment of 
dues a requirement of membership for an inmate who lacks funds.


Sec. 551.34  Organization activities.

    (a) An officer of the inmate organization must submit a written 
request for approval of an activity to the Warden or designee. 
Activities include, but are not limited to, meetings, guest speakers, 
sports competitions, banquets, or community programs. Activities may 
not include fund-raising projects. The request must specifically 
include:
    (1) Name of the organization;
    (2) Nature or purpose of the activity;
    (3) Date, time, and estimated duration of the activity;
    (4) Estimated cost;
    (5) Information concerning guest participation; and
    (6) Other pertinent information requested by the Warden.
    (b) The Warden may approve the request if the activity:
    (1) Does not conflict with scheduled inmate work or program 
activities;
    (2) Has confirmation of staff supervision;
    (3) Can be appropriately funded when applicable (see Sec. 551.36); 
and
    (4) Does not conflict with the security, good order, or discipline 
of the institution.
    (c) When an activity requires the expenditure of government funds, 
the Warden ordinarily shall require reimbursement from non-inmate 
participants (guests or members).

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    (d) Each inmate organization shall be responsible for maintaining 
accurate records of its activities.
    (e) The activities of an inmate organization may be suspended 
temporarily due to noncompliance with Bureau policy. The IOM is 
responsible for recommending the specific suspension sanction for the 
Warden's approval. The inmate organization is to receive written notice 
of the proposed suspension sanction and shall have the opportunity to 
respond to the Warden. Continued noncompliance with Bureau policy shall 
result in an increase in the severity of the suspension sanction, and 
may include withdrawal of approval of the organization.


Sec. 551.35  Withdrawal of approval of an organization.

    The Warden may withdraw approval of an inmate organization for 
reasons of the security, good order, and discipline of the institution, 
or in accordance with Sec. 551.34(e).


Sec. 551.36  Funding.

    The Bureau of Prisons may fund approved activities of inmate 
organizations or organization requests for purchase of equipment or 
services for all inmates subject to the availability of designated 
funds.
    3. Effective from April 18, 1996 through June 30, 1996, Sec. 551.37 
is added to Subpart D to read as follows:


Sec. 551.37  Accountability for accumulated funds.

    Effective April 18, 1996 through June 30, 1996, all inmate 
organizations must, in accordance with Bureau policy and generally 
accepted accounting principles, close-out financial records and dispose 
of all assets previously accumulated by them.

[FR Doc. 96-6538 Filed 3-18-96; 8:45 am]
BILLING CODE 4410-05-P