[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Rules and Regulations]
[Pages 39800-39801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19260]


      

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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Part 552



Use of Force and Application of Restraints; Annual Determination of 
Average Cost of Incarceration; Final Rule and Notice

  Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules 
and Regulations  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1053-F]
RIN 1120-AA41


Use of Force and Application of Restraints

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its rule 
on Use of Force and Application of Restraints to require staff checks 
on inmates in four-point restraints at least every 15 minutes. 
Additional changes have been made for clarification or for editorial 
purposes. This amendment is intended to provide for the continued 
security and good order of the institution and the safety and well-
being of inmates.

EFFECTIVE DATE: July 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 amending its rule 
on Use of Force and Application of Restraints (28 CFR 552, subpart C, 
which was published in the Federal Register May 17, 1989 (54 FR 21394) 
and amended June 13, 1994 (59 FR 30468).
    In accordance with revised American Correctional Association 
standards, the Bureau is increasing the frequency to at least every 15 
minutes for staff monitoring of an inmate in four-point restraints. 
Previously, staff were required to check the inmate at least every 30 
minutes (see former Sec. 552.24(d)). Additional changes to the Bureau's 
regulations being made for clarification or editorial purposes are 
described below.
    Section 552.20 is amended to reduce repetitious use of ``inmate`` 
in paragraphs (a) through (e). Section 552.21 is amended to include the 
phrase ``using sound correctional judgment'' as a qualifier rather than 
the previous phrase ``with correctional experience''. The revised 
phrase more accurately describes the qualitative nature of the standard 
and is used more consistently in the Bureau's regulations. In 
Sec. 552.22, paragraph (c) is amended to include further paragraph 
designations (1) through (3) for the sake of clarity; the opening 
sentence of paragraph (g) of the section is amended for stylistic 
reasons. In Sec. 552.24, the introductory paragraph is amended to 
clarify that the determination on the use of four-point restraints is 
made by the Warden. Paragraph (a) of the section is revised to include 
further paragraph designations (1) and (2) for the sake of clarity. 
Section 552.26 and paragraphs (f) and (g) of Sec. 552.24 are revised to 
remove unnecessary passive constructions and to revise staff 
nomenclature (``qualified health personnel'' rather than ``medical 
staff'').
    Because these changes either are administrative or editorial in 
nature, or provide for the continued safety and well-being of inmates 
and do not impose further restrictions on 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, 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 pursuant to E.O. 12866. 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 meaning of the 
Act. 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 552

    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), 28 CFR part 552 is amended as 
follows:

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

    1. The authority citation for 28 CFR part 552 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 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. 552.20, the last sentence of the introductory text and 
paragraphs (a) through (e) are revised to read as follows (the 
concluding text to the section remains unchanged):


Sec. 552.20  Purpose and scope.

    * * * Staff are authorized to apply physical restraints necessary 
to gain control of an inmate who appears to be dangerous because the 
inmate:
    (a) Assaults another individual;
    (b) Destroys government property;
    (c) Attempts suicide;
    (d) Inflicts injury upon self; or
    (e) Becomes violent or displays signs of imminent violence.
* * * * *


Sec. 552.21   [Amended]

    3. In Sec. 552.21, paragraph (d) is amended by revising the phrase 
``with correctional experience'' to read ``using sound correctional 
judgment''.
    4. In Sec. 552.22, paragraph (g) is amended by revising the opening 
phrase ``Except where'' to read ``Except when'' and paragraph (c) is 
revised to read as follows:


Sec. 552.22   Principles governing the use of force and application of 
restraints.

* * * * *
    (c) Staff shall use only that amount of force necessary to gain 
control of the inmate. Situations when an appropriate amount of force 
may be warranted include, but are not limited to:
    (1) Defense or protection of self or others;
    (2) Enforcement of institutional regulations; and
    (3) The prevention of a crime or apprehension of one who has 
committed a crime.
* * * * *
    5. In Sec. 552.24, the introductory text and paragraphs (a), (f) 
and (g) are revised, and paragraph (d) is amended by revising the first 
sentence to read as follows:


Sec. 552.24   Use of four-point restraints.

    When the Warden determines that four-point restraints are the only 
means available to obtain and maintain control

[[Page 39801]]

over an inmate, the following procedures must be followed:
    (a) Soft restraints (e.g., vinyl) must be used to restrain an 
inmate, unless:
    (1) Such restraints previously have proven ineffective with respect 
to that inmate, or
    (2) Such restraints are proven ineffective during the initial 
application procedure.
* * * * *
    (d) Staff shall check the inmate at least every 15 minutes, both to 
ensure that the restraints are not hampering circulation and for the 
general welfare of the inmate. * * *
* * * * *
    (f) When the inmate is placed in four-point restraints, qualified 
health personnel shall initially assess the inmate to ensure 
appropriate breathing and response (physical or verbal). Staff shall 
also ensure that the restraints have not restricted or impaired the 
inmate's circulation. When inmates are so restrained, qualified health 
personnel ordinarily are to visit the inmate at least twice during each 
eight hour shift. Use of four-point restraints beyond eight hours 
requires the supervision of qualified health personnel. Mental health 
and qualified health personnel may be asked for advice regarding the 
appropriate time for removal of the restraints.
    (g) When it is necessary to restrain an inmate for longer than 
eight hours, the Warden (or designee) or institution administrative 
duty officer shall notify the Regional Director or Regional Duty 
Officer by telephone.
    6. Section 552.26 is revised to read as follows:


Sec. 552.26   Medical attention in use of force and application of 
restraints incidents.

    (a) In immediate use of force situations, staff shall seek the 
assistance of mental health or qualified health personnel upon gaining 
physical control of the inmate. When possible, staff shall seek such 
assistance at the onset of the violent behavior. In calculated use of 
force situations, the use of force team leader shall seek the guidance 
of qualified health personnel (based upon a review of the inmate's 
medical record) to identify physical or mental problems. When mental 
health staff or qualified health personnel determine that an inmate 
requires continuing care, and particularly when the inmate to be 
restrained is pregnant, the deciding staff shall assume responsibility 
for the inmate's care, to include possible admission to the institution 
hospital, or, in the case of a pregnant inmate, restraining her in 
other than face down four-point restraints.
    (b) After any use of force or forcible application of restraints, 
the inmate shall be examined by qualified health personnel, and any 
injuries noted, immediately treated.

[FR Doc. 96-19260 Filed 7-29-96; 8:45 am]
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