[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 40142-40144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19487]



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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Part 524



Central Inmate Monitoring (CIM) System; Final Rule

  Federal Register / Vol. 61, No. 148 / Wednesday, July 31, 1996 / 
Rules and Regulations  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1043-F]
RIN 1120-AA43


Central Inmate Monitoring (CIM) System

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 the central inmate monitoring system for general 
clarity, to remove obsolete categories, to update staff 
responsibilities, and to make various changes in administrative 
procedures. This revision is intended to provide for the continued 
secure operation of Bureau institutions.

EFFECTIVE DATE: July 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 amending its 
regulations on the central inmate monitoring (CIM) system. A final rule 
on this subject was published in the Federal Register September 14, 
1990 (55 FR 38007).
    The CIM system is an administrative program which allows the Bureau 
to monitor and control the transfer, temporary release, and community 
activities of inmates who present special needs for management. 
Examples of such inmates include participants in Witness Security 
programs, members of gangs or disruptive groups, and inmates who, for 
their own safety, need to be separated from other identified inmates. 
The CIM system operates to protect such inmates. In keeping with the 
regulatory goals of E.O. 12866, the Bureau is revising the entire 
regulation for the sake of general clarity. The acronym CIM is used 
more consistently throughout the regulations. Other specific changes 
are discussed below.
    Section 524.70 has been revised to remove redundancy and improve 
readability. There is no change in the intent of this section.
    Section 524.71 has been revised to specify the Case Management 
Coordinator as the official responsible for oversight and coordination 
of CIM activities at the institution.
    Section 524.72 has been amended to remove the assignment category 
of sophisticated criminal activity and to rename the assignment 
category ``security threat groups'' as ``disruptive group''. In 
addition, the provisions for separation in new paragraph (f) have been 
amended to note the accommodation of separatees in institutions which 
have the ability to prevent physical contact between separatees.
    Former Secs. 524.73 and 524.74 have been combined in new 
Sec. 524.73 covering classification procedures. Paragraph (a) of new 
Sec. 524.73 covers procedures for the initial assignment of a CIM 
classification. These provisions were previously contained in former 
Secs. 524.73(a), and 524.74 (a) and (b). Paragraph (b) of new 
Sec. 524.73 covers procedures for notification to inmates of CIM 
classification actions. These provisions were previously contained in 
former Sec. 524.73 (b), (c), and (d) and in Sec. 524.78. Paragraph (c) 
of new Sec. 524.73 covers procedures for the initial review of a CIM 
assignment. These provisions were previously contained in former 
Sec. 524.74 (d) and (f).
    The provisions of former Sec. 524.74(e) have been removed. New 
Sec. 524.73(a) allows for classification of pretrial inmates, and 
further specification as to appropriate assignments or procedures is 
either unnecessary or redundant.
    New Sec. 524.74 revises provisions for activities clearance which 
were contained in former Sec. 524.75. These provisions have been 
revised for the sake of administrative streamlining. The revised 
provisions allow for approval by the Warden in all cases except for 
non-medical emergency clearances of Witness Security cases.
    New Sec. 524.75 revises the provisions for periodic review of CIM 
status contained in former Sec. 524.76. These revisions have been made 
for the sake of clarity and organization. Provisions on notification 
contained in paragraph (a) of former Sec. 524.76 have been consolidated 
into the general requirements for notification in new Sec. 524.73(b). 
Provisions in paragraph (b) of former Sec. 524.76 for the removal of 
Department of Justice Witness Security cases have been consolidated 
into the general requirements for removal of a CIM classification in 
new Sec. 524.73(d). Provisions in paragraph (c) of former Sec. 524.76 
on State prisoner assignments have been consolidated into new 
Sec. 524.73(a)(2).
    New Sec. 524.76 revises the provisions in former Sec. 524.77 for 
appeals of a CIM classification to conform to previously published 
revisions in the Administrative Remedy Program (28 CFR part 542) which 
allow for inmates housed in Community Corrections Centers to file a 
request with the Community Corrections Manager.
    The provisions in former Sec. 524.78 on classification of 
recommitted offenders have been removed because these provisions have 
been consolidated into new Sec. 524.73.
    Because these provisions impose no further restrictions on inmates 
and deal with agency procedures designed to help ensure the continued 
protection of 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. 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 524

    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 524 in subchapter B of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 524--CLASSIFICATION OF INMATES

    1. The authority citation for 28 CFR part 524 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4081, 4082 (Repealed in part as to offenses

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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. Subpart F is revised to read as follows:

Subpart F--Central Inmate Monitoring (CIM) System

Sec.
524.70  Purpose and scope.
524.71  Responsibility.
524.72  CIM assignment categories.
524.73  Classification procedures.
524.74  Activities clearance.
524.75  Periodic review.
524.76  Appeals of CIM classification.

Subpart F--Central Inmate Monitoring (CIM) System


Sec. 524.70  Purpose and scope.

    The Bureau of Prisons monitors and controls the transfer, temporary 
release (e.g., on writ), and community activities of certain inmates 
who present special needs for management. Such inmates, known as 
central inmate monitoring (CIM) cases, require a higher level of review 
which may include Central Office and/or Regional Office clearance for 
transfers, temporary releases, or community activities. This monitoring 
is not to preclude a CIM case from such activities, when the inmate is 
otherwise eligible, but rather is to provide protection to all 
concerned and to contribute to the safe and orderly operation of 
federal institutions.


Sec. 524.71  Responsibility.

    Authority for actions relative to the CIM system is delegated to 
the Assistant Director, Correctional Programs Division, to Regional 
Directors, and to Wardens. The Assistant Director, Correctional 
Programs Division, and Regional Directors shall assign a person 
responsible for coordinating CIM activities. The Case Management 
Coordinator (CMC) shall provide oversight and coordination of CIM 
activities at the institutional level, and the Community Corrections 
Manager shall assume these responsibilities for contract facilities.


Sec. 524.72  CIM assignment categories.

    CIM cases are classified according to the following assignments:
    (a) Witness Security cases. Individuals who agree to cooperate with 
law enforcement, judicial, or correctional authorities, frequently 
place their lives or safety in jeopardy by being a witness or intended 
witness against persons or groups involved in illegal activities. 
Accordingly, procedures have been developed to help ensure the safety 
of these individuals. There are two types of Witness Security cases: 
Department of Justice (authorized by the Attorney General under Title V 
of Public Law 91-452, 84 Stat. 933); and Bureau of Prisons Witness 
Security cases (authorized by the Assistant Director, Correctional 
Programs Division).
    (b) Threats to Government officials. Inmates who have made threats 
to government officials or who have been identified, in writing, by the 
United States Secret Service as requiring special surveillance.
    (c) Broad publicity. Inmates who have received widespread publicity 
as a result of their criminal activity or notoriety as public figures.
    (d) Disruptive group. Inmates who belong to or are closely 
affiliated with groups (e.g., prison gangs), which have a history of 
disrupting operations and security in either state or federal penal 
(which includes correctional and detention facilities) institutions. 
This assignment also includes those persons who may require separation 
from a specific disruptive group.
    (e) State prisoners. Inmates, other than Witness Security cases, 
who have been accepted into the Bureau of Prisons for service of their 
state sentences. This assignment includes cooperating state witnesses 
and regular state boarders.
    (f) Separation. Inmates who may not be confined in the same 
institution (unless the institution has the ability to prevent any 
physical contact between the separatees) with other specified 
individuals who are presently housed in federal custody or who may come 
into federal custody in the future. Factors to consider in classifying 
an individual to this assignment include, but are not limited to, 
testimony provided by or about an individual (in open court, to a grand 
jury, etc.), and whether the inmate has exhibited aggressive or 
intimidating behavior towards other specific individuals, either in the 
community or within the institution. This assignment also includes 
those inmates who have provided authorities with information concerning 
the unauthorized or illegal activities of others. This assignment may 
also include inmates from whom there is no identifiable threat, but who 
are to be separated from others at the request of the Federal Judiciary 
or U.S. Attorneys.
    (g) Special Supervision. Inmates who require special management 
attention, but who do not ordinarily warrant assignment in paragraphs 
(a) through (f) of this section. For example, this assignment may 
include an inmate with a background in law enforcement or an inmate who 
has been involved in a hostage situation. Others may include those who 
are members of a terrorist group with a potential for violence.


Sec. 524.73  Classification procedures.

    (a) Initial assignment. Except as provided for in paragraphs (a) 
(1) through (4) of this section, an inmate (including pretrial inmates) 
may be classified as a CIM case at any time by a Community Corrections 
Manager or by appropriate staff at the Central Office, Regional Office, 
or institution. This initial classification is effective upon 
documentation in the inmate's record.
    (1) Witness Security cases. Witness Security cases are designated 
by the Central Office only. An inmate's participation in the Department 
of Justice Witness Security Program is voluntary. A commitment 
interview and an admission and orientation interview are to be 
conducted with the Witness Security inmate to ensure that the inmate 
understands the conditions of confinement within the Bureau of Prisons. 
Central Office classification of an individual as a Witness Security 
case, under either the Department of Justice or Bureau of Prisons, does 
not require additional review, and overrides any other CIM assignment.
    (2) State prisoners. Appropriate staff in the Central Office or 
Regional Office designate state prisoners accepted into the Bureau of 
Prisons from state or territorial jurisdictions. All state prisoners 
while solely in service of the state sentence are automatically 
included in the CIM system to facilitate designations, transfers, court 
appearances, and other movements.
    (3) Special supervision. Placement in this assignment may be made 
only upon the authorization of a Regional Director or the Assistant 
Director, Correctional Programs Division.
    (4) Recommitted offenders. An inmate who is recommitted to federal 
custody, who at the time of release was classified as a CIM case, 
retains this classification pending a review of the CIM status in 
accordance with paragraph (c) of this section.
    (b) Notification. The case manager shall ensure that the affected 
inmate is notified in writing as promptly as possible of the 
classification and the basis for it. Witness Security cases will be 
notified through a commitment interview. The notice of the basis may be 
limited in the interest of security or safety. For example, in 
separation cases under Sec. 524.72, notice will not include the names 
of those from whom the inmate must be separated. The inmate shall sign 
for and receive a copy of the notification form. If the inmate refuses 
to sign the notification form, staff witnessing the refusal shall 
indicate this

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fact on the notification form and then sign the form. Notification is 
not required for pretrial inmates. Any subsequent modification of a CIM 
assignment or removal from the CIM system requires separate 
notification to the inmate.
    (c) Initial review. A classification may be made at any level to 
achieve the immediate effect of requiring prior clearance for an 
inmate's transfer, temporary release, or participation in community 
activities. Except for Central Office or Regional Office classification 
of an individual as a state prisoner in sole service of the state 
sentence or for classification of pretrial inmates made by designated 
staff at the institution, a review by designated staff (ordinarily 
within 60 days of notification to the inmate) is required to determine 
whether a sound basis exists for the classification. Staff making the 
initial classification shall forward to the reviewing authority 
complete information regarding the inmate's classification. An inmate 
not notified of a change in the classification by the reviewing 
authority within 60 days from the date of the initial notification may 
consider the CIM classification final. Reviewing authorities for CIM 
classification are:
    (1) Central Office Inmate Monitoring Section--reviews 
classification decisions for all future separation assignments 
(including recommitments) for Witness Security cases and for any 
combination of assignments involving Witness Security cases.
    (2) Regional Office--reviews CIM classification decisions for 
Disruptive Group, Broad Publicity, Threat to Government Officials, 
Special Supervision, State Prisoners not in sole service of state 
sentence and initial multiple assignments except Witness Security 
Cases.
    (3) Warden, or Designee--reviews CIM classification decisions for 
all separation assignments.
    (d) Removal. (1) Because participation in the Department of Justice 
Witness Security Program is voluntary, such participants may request 
removal from this assignment at any time. Such request shall be 
forwarded to the Central Office Inmate Monitoring Section. Actual 
removal of the CIM assignment will not occur until after approval from 
the Department of Justice is received.
    (2) The reviewing authority is responsible for determining if 
removal or modification of any CIM classification other than a 
Department of Justice Witness Security case is appropriate. The inmate 
retains the CIM classification pending a decision by the reviewing 
authority.
    (3) When an inmate is removed for any reason from a CIM 
classification (for example, because the reviewing authority either 
disapproves the CIM classification or approves removal of a CIM 
classification based on new information), the appropriate staff member 
shall ensure that the relevant portions of the inmate central file are 
either removed or, when part of a larger document, are amended to 
clearly reflect removal of the CIM assignment. Staff shall notify the 
inmate of the decision and document any change in the inmate's record, 
and supportive documentation and the written basis for removal are to 
be retained in the inmate privacy file.


Sec. 524.74  Activities clearance.

    (a) Except as provided for in paragraph (b) of this section, the 
Warden is the clearance authority on all transfers, temporary releases, 
community activities, and escorted trips.
    (b) Witness Security cases. Central Office Inmate Monitoring 
Section staff shall be the clearance authority on all transfers, 
temporary releases, community activities, and escorted trips for 
Witness Security cases, except in a medical emergency. In a medical 
emergency, the Warden may transfer a Witness Security case to a local 
hospital for emergency medical care without prior clearance.


Sec. 524.75  Periodic review.

    The Warden shall ensure that the status of an inmate's CIM 
assignment is considered at each program review. When staff believe 
that removal or modification of a CIM classification is appropriate, 
the institution's CMC and the appropriate reviewing authority must be 
notified. Only the reviewing authority shall determine if removal or 
modification of the CIM classification is appropriate.


Sec. 524.76  Appeals of CIM classification.

    An inmate may at any time appeal (through the Administrative Remedy 
Program) the inmate's classification as a CIM case. Inmates identified 
as Witness Security cases may choose to address their concerns directly 
to the Inmate Monitoring Section, Central Office, rather than use the 
Administrative Remedy Program.

[FR Doc. 96-19487 Filed 7-30-96; 8:45 am]
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