[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]
[[Page 11273]]
_______________________________________________________________________
Part V
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
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that the proposed rule be withdrawn or modified in order to allow for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
[[Page 11275]]
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]
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