[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Rules and Regulations]
[Pages 38042-38043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18553]
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DEPARTMENT OF JUSTICE
28 CFR Part 571
[BOP-1055-F]
RIN 1120-AA51
Release Preparation Program
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is revising its
regulations on inmate release preparation to allow for exceptions at an
administrative maximum security institution. This amendment is intended
to provide for the continued secure, orderly, and efficient operation
of the Bureau and its institutions.
EFFECTIVE DATE: July 22, 1996.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street, NW., Washington, DC 20534.
[[Page 38043]]
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on the release preparation program (28 CFR part 571,
subpart B). A final rule on this subject was published in the Federal
Register July 11, 1994 (59 FR 35456).
Current regulations in Sec. 571.10 affirm the establishment of a
standardized release preparation program for all sentenced inmates
reintegrating into the community from Bureau facilities. Inmates who
have demonstrated an inability to function in a less restrictive
environment without being a threat to others, or to the secure and
orderly operation of the institution may be placed in an administrative
maximum security facility. At present, the Bureau operates one
administrative maximum security facility at Florence, Colorado (ADX
Florence). Upon completion of the special programming at ADX Florence,
an inmate ordinarily would be assigned to another Bureau institution
before release.
Given the unique mission of ADX Florence and the problems posed by
the behavior patterns of the inmates assigned to that institution, the
Bureau deems it impracticable to require operation of the standardized
release preparation program at that facility. Access to the full
standardized release preparation program remains available at all other
Bureau facilities and may serve as additional incentive for the inmate
to complete special programming at the administrative maximum security
institution. The Bureau is therefore amending Sec. 571.10 to allow the
Warden of an administrative maximum security institution to make
exceptions to the standardized release preparation program.
Because these changes are necessary for the secure, orderly, and
efficient correctional management of the institution and because they
do not impose further restrictions on inmates beyond those appropriate
to the security level, 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, and
delay in effective date. Members of the public may submit comments
concerning this 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 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. Because
this rule pertains to the correctional management of offenders
committed to the custody of the Attorney General or the Director of the
Bureau of Prisons, its economic impact is limited to the Bureau's
appropriated funds.
List of Subjects in 28 CFR Part 571
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 571 in subchapter D of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
1. The authority citation for 28 CFR part 571 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in
part as to offenses committed on or after November 1, 1987), 3582,
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4161-4166 and
4201-4218 (Repealed as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art.
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.
2. Section 571.10 is revised to read as follows:
Sec. 571.10 Purpose and scope.
The Bureau of Prisons recognizes that an inmate's preparation for
release begins at initial commitment and continues throughout
incarceration and until final release to the community. This subpart
establishes a standardized release preparation program for all
sentenced inmates reintegrating into the community from Bureau
facilities. Exception to this subpart may be made by the Warden of a
Bureau facility which has been designated as an administrative maximum
security institution.
[FR Doc. 96-18553 Filed 7-19-96; 8:45 am]
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