[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Proposed Rules]
[Pages 14440-14441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7815]




[[Page 14439]]

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Part IX





Department of Justice





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Bureau of Prisons



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28 CFR Part 553



Inmate Personal Property; Proposed Rule

  Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / Proposed 
Rules  

[[Page 14440]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 553

[BOP-1051-P]
RIN 1120-AA46


Inmate Personal Property

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 inmate personal property to allow for the 
standardization of authorized personal property lists at Bureau 
institutions and to facilitate procedures for the transportation of 
personal property due to inmate transfer or release. This amendment is 
intended to provide for the more efficient and secure operation of the 
institution.

DATES: Comments must be submitted by May 31, 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 inmate personal property (28 CFR part 553, subpart 
B). A final rule on this subject was published in the Federal Register 
April 29, 1983 (48 FR 19573).
    Current regulations governing inmate personal property specify 
that, consistent with the mission of the institution, each Warden shall 
identify in writing that personal property which may be retained by an 
inmate (see 28 CFR 553.10). Because of variations among institution 
lists, when inmates transfer between institutions not all property 
authorized at the sending institution may be considered authorized at 
the receiving institution. Any unauthorized property is mailed at 
government expense to another party of the inmate's choice.
    In order to alleviate this problem, the Bureau is implementing a 
standardized list of property which would be authorized for retention 
at all institutions. The Warden retains the discretion to authorize 
additional items for retention at his or her institution. Typically, 
these additional items will be government-issued or perishable. The 
Bureau proposes that this standardized property list become fully 
implemented by November 1, 1997. Consequently, Sec. 553.10 is being 
amended to refer to the standardized list and to additions authorized 
by the Warden. Under this new procedure, less personal property being 
transferred between institutions will be subject to rejection by the 
receiving institution. Property authorized for retention by the Warden 
in addition to the standardized list will be identified as such. Until 
full implementation of this procedure (i.e., November 1, 1997), the 
Bureau would continue to bear the cost of remailing to a non-Bureau 
address of the inmate's choice any property which would not be 
authorized by the receiving institution. After November 1, 1997, the 
inmate would be responsible for the cost of such remailing.
    Both the standardized list and the additional items authorized by 
the Warden may include numerical limits on specific types of property 
(for example, two pair of athletic shoes). Such numerical limits 
reduces the reliance in the previous regulations on the amount of 
storage as a determining factor in the retention of personal property 
(former Sec. 553.11(a)(1) had stated ``Staff may allow an inmate to 
retain that authorized property which the inmate may neatly and safely 
store in the designated area''). Revised Sec. 553.11 now includes 
reference to possible numerical limitations along with the procedures 
for notifying inmates of such limits.
    The provisions for storage space in new paragraph (b) contain a 
clear statement that authorized personal property is to be stored in 
the designated area. Specific provisions in the former regulations as 
to the requirement to store special purchase items, commissary items, 
correspondence, and reading materials have been removed to reduce 
redundancy. New paragraphs (c) through (h) now focus on limitations 
other than those imposed by space constraints. With respect to 
clothing, new paragraph (c) provides that civilian clothing (i.e., 
clothing not issued to the inmate by the Bureau or purchased by the 
inmate from the commissary) ordinarily is not authorized for retention 
by the inmate. This is in keeping with the standardized list of 
personal property. The regulations formerly allowed for some variation 
(former Sec. 553.11(b), ``Staff may allow an inmate to retain that 
clothing, whether civilian (at institutions where authorized) or 
institution . . .''). Under new paragraph (c), such civilian clothing 
possessed by current inmates could be retained no later than November 
1, 1997. New paragraphs (d) and (e) are unchanged and are being 
republished here for ease of review. New paragraph (f) is merely being 
redesignated from former paragraph (g) and is also being republished 
for ease of review.
    Section 553.14 has been revised to address more completely 
procedures for the shipment or disposal of property due to inmate 
transfer and release. The revised procedures allow for more flexibility 
in shipping property. As mentioned above, until November 1, 1997, these 
procedures continue to provide for the remailing, at Bureau expense, of 
personal property not authorized for retention by the receiving 
institution. After that date, the inmate would be responsible for such 
costs. Because the standardized list would be fully implemented by that 
date, the Bureau expects that there would be substantially reduced need 
for such remailings.
    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.
    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 553

    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 553 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

Subchapter C--Institutional Management

PART 553--INMATE PROPERTY

    1. The authority citation for 28 CFR part 553 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed

[[Page 14441]]
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. Section 553.10 is amended by revising the last sentence to read 
as follows:


Sec. 553.10  Purpose and scope.

    * * * Consistent with the mission of the institution, each Warden 
shall identify in writing that personal property which may be retained 
by an inmate in addition to that personal property which has been 
approved by the Director for retention at all institutions.
    3. Section 553.11 is revised to read as follows:


Sec. 553.11  Limitations on inmate personal property.

    (a) Numerical limitations. Authorized personal property may be 
subject to numerical limitations. The institution's Admission and 
Orientation program shall include notification to the inmate of any 
numerical limitations in effect at the institution and a current list 
of any numerical limitations shall be posted on inmate unit bulletin 
boards.
    (b) Storage space. Staff shall set aside space within each housing 
area for use by an inmate. The designated area shall include a locker 
or other securable area in which the inmate is to store authorized 
personal property. The inmate shall be allowed to purchase an approved 
locking device for personal property storage in regular living units. 
Staff may not allow an inmate to accumulate materials to the point 
where the materials become a fire, sanitation, security, or 
housekeeping hazard.
    (c) Clothing. Civilian clothing (i.e., clothing not issued to the 
inmate by the Bureau or purchased by the inmate from the commissary) 
ordinarily is not authorized for retention by the inmate. Civilian 
clothing which previously had been approved for retention may not be 
retained after November 1, 1997. Prerelease civilian clothing for an 
inmate may be retained by staff in the Receiving and Discharge area 
during the last 30 days of the inmate's confinement.
    (d) Legal materials. Staff may allow an inmate to retain those 
legal materials which are necessary for an inmate's legal actions. 
Legal reference materials, such as books, may be retained if such 
materials are not available in the institution library. To ensure that 
materials do not become a fire, sanitation, security, or housekeeping 
hazard, each institution may establish a limit on the amount of, and 
storage location for, legal materials in the inmate's living area. 
Staff may authorize additional storage space, on a temporary, short-
term basis, to an inmate who demonstrates a need for additional 
material in connection with that inmate's on-going litigation.
    (e) Hobbycraft materials. Staff shall limit an inmate's hobby shop 
projects within the cell or living area to those projects which the 
inmate may store in designated personal property containers. Staff may 
make an exception for an item (for example, a painting) where size 
would prohibit placing the item in a locker. This exception is made 
with the understanding that the placement of the item is at the 
inmate's own risk. Staff shall require that hobby shop items be removed 
from the living area when completed, and be disposed of in accordance 
with the provisions of part 544, subpart D.
    (f) Radios and watches. An inmate may possess only one approved 
radio and one approved watch at a time. The inmate must be able to 
demonstrate proof of ownership. An inmate who purchases a radio or 
watch through a Bureau of Prisons commissary is ordinarily permitted 
the use of that radio or watch at any Bureau institution if the inmate 
is later transferred. If the inmate is not allowed to use the radio or 
watch at the new institution, the inmate shall be permitted to mail, at 
the receiving institution's expense, the radio or watch to a 
destination of the inmate's choice. Where the inmate refuses to provide 
a mailing address, the radio and/or watch may be disposed of through 
approved methods, including destruction of the property.
    (g) Education program materials. Education program materials or 
current correspondence courses may be retained even if not stored as 
provided in paragraph (b) of this section.
    (h) Personal photos. An inmate may possess photographs, subject to 
the limitations of paragraph (b) of this section, so long as they are 
not detrimental to personal safety or security, or to the good order of 
the institution.
    4. Section 553.14 is revised to read as follows:


Sec. 553.14  Inmate transfer between institutions and inmate release.

    (a) Except as provided for in paragraphs (a) (1) through (3) of 
this section, authorized personal property shall be shipped by staff to 
the receiving institution.
    (1) The Warden ordinarily shall allow an inmate transferring to 
another institution to transport personal items determined necessary or 
appropriate by staff and, if applicable, legal materials for active 
court cases.
    (2) The Warden may require or allow an inmate who is transferring 
to another institution under furlough conditions to transport all the 
inmate's authorized personal property with him or her.
    (3) An inmate who is being released or who is transferring to a 
Community Corrections Center may arrange to ship personal property at 
the inmate's expense. The inmate is responsible for transporting any 
personal property not so shipped.
    (b) If the inmate's personal property is not authorized for 
retention by the receiving institution, staff at the receiving 
institution shall arrange for the inmate's excess personal property to 
be mailed to a non-Bureau destination of the inmate's choice. Until 
November 1, 1997, the receiving institution shall bear the expense for 
this mailing. After November 1, 1997, the inmate shall bear the expense 
for this mailing.
    (c) Whenever the inmate refuses to provide a mailing address for 
return of the property or, when required, refuses to bear the expense 
of mailing the property, the property is to be disposed of through 
approved methods, including destruction of the property.

[FR Doc. 96-7815 Filed 3-29-96; 8:45 am]
BILLING CODE 4410-05-P