[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47794-47795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23045]



[[Page 47793]]


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Part III





Department of Justice





_______________________________________________________________________



Bureau of Prisons



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28 CFR Parts 524, et al.



Editorial Amendments for Classification and Program Review, and 
Education Tests; Final Rules

  Federal Register / Vol. 61, No. 176 / Tuesday, September 10, 1996 / 
Rules and Regulations  

[[Page 47794]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 524, 541, 544, and 571

[BOP-1057-F]
RIN 1120-AA56


Editorial Amendments for Classification and Program Review; 
Inmate Discipline; Education, Training, and Leisure Time Program 
Standards; and Release Gratuities

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending four of 
its regulations to remove obsolete provisions, update cross-references, 
or to clarify procedures. More specifically, the regulations for 
classification and program review are amended by removing procedures 
for the preparation of a now obsolete form (the staff summary report) 
and to include a cross reference to regulations for pretrial inmates; 
the regulations on inmate discipline are amended by substituting 
control unit programs for references to United States Penitentiary, 
Marion; the regulations on education, training, and leisure time 
program standards are amended to update the reference to the release 
preparation program; and the regulations for release gratuities are 
amended to minimize confusion regarding statutory limits on maximum 
amounts. These amendments are intended to maintain the efficient 
operation of the institution and the Bureau.

EFFECTIVE DATE: September 10, 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 classification and program review; inmate discipline and 
special housing units; education, training, and leisure-time program 
standards; and on release gratuities, transportation, and clothing. A 
final rule on classification and program review (28 CFR part 524, 
subpart B) was published in the Federal Register on July 3, 1991 (56 FR 
30676) and was amended on August 5, 1992 (57 FR 34662) and on June 27, 
1995 (60 FR 33320). A final rule on inmate discipline and special 
housing units (28 CFR part 541, subpart B) was published on January 5, 
1988 (53 FR 197) and was amended on October 17, 1988 (53 FR 40686), 
September 22, 1989 (54 FR 38987 and 39095), February 1, 1991 (56 FR 
4159), July 10, 1991 (56 FR 31530), June 2, 1992 (57 FR 23260), and 
July 21, 1993 (58 FR 39095). A final rule on education, training, and 
leisure time program standards was published on December 16, 1993 (58 
FR 65852). A final rule on release gratuities, transportation, and 
clothing (28 CFR part 571, subpart C) was published on May 21, 1991 (56 
FR 23480).
    The regulations on classification and program review 
(Sec. 524.12(f)) require Bureau staff to prepare a summary for inmates 
applying for a transfer under the treaty transfer program, for study 
and observation cases, and for inmates for whom no presentence 
investigation is available. This information need no longer be required 
under regulations for classification and program review because 
equivalent information is obtained either as part of the court-ordered 
study and observation, by revised regulations issued for treaty 
transfer cases (see 28 CFR 527, subpart E), or is provided by the 
Probation Office in lieu of a Presentence Investigation Report. The 
Bureau is therefore removing paragraph (f) and that portion of the text 
in Sec. 524.16 which had been pertinent to study and observation cases 
(``except for the preparation of a staff summary as noted in 
Sec. 524.12(f) of this part''). A new Sec. 524.17 has been added to 
refer to existing regulations pertinent to pretrial inmates. Additional 
editorial changes include the correction of a typographical error in 
Sec. 524.12(c) and an updated reference in Sec. 524.15 to the recently 
retitled Administrative Remedy Program.
    The regulations on inmate discipline and special housing required 
that staff ordinarily within 90 days of an inmate's placement in post-
disciplinary detention shall return the inmate (with the exception of 
inmates in the United States Penitentiary, Marion, or pretrial inmates) 
to the general inmate population or request transfer to a more suitable 
institution (Sec. 541.22(a)(6)(i)). Further provisions covered review 
of the status of such inmates (Sec. 541.22(a)(6)(ii) and (iii)). 
Because of a mission change for the United States Penitentiary, Marion, 
(which had served as a control unit) this requirement is no longer 
technically correct, and the Bureau is therefore replacing the 
reference to that specific institution with a generic reference to 
control unit programs. This revision obviates the need to make future 
adjustments to these regulations based upon changes in the location of 
a control unit program. Regulations for the operation of control unit 
programs are contained in 28 CFR part 541, subpart D.
    The regulations for education, training, and leisure-time program 
standards are amended to update the reference in Sec. 544.81(g) to the 
retitled release preparation program.
    The regulations for release gratuities had noted that the maximum 
for a discretionary gratuity was $500 and referenced 18 U.S.C. 3624(d) 
as the authorizing statute (Sec. 571.20). This statute pertains to 
offenders sentenced under the provisions of the Sentencing Reform Act 
(18 U.S.C. Chapter 227). Inmates sentenced under the former provisions 
of that Chapter continue to be subject to the statutory limitation of 
$100 authorized by 18 U.S.C. 4281. In order to eliminate false 
expectations in those inmates governed by 18 U.S.C. 4281 as to the 
amount of a possible gratuity, the Bureau has reworded the provision to 
state that a discretionary gratuity may be granted up to the amount 
permitted by statute.
    Because these amendments are administrative in nature and impose no 
additional 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. 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.

[[Page 47795]]

List of Subjects in 28 CFR Parts 524, 541, 544, 571

    Prisoners.
Peter M. Carlson,
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), parts 524, 541, 544, and 571 in 
subchapters B, C, and D respectively, of 28 CFR, chapter V are 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 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4046, 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; 21 U.S.C. 
848; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.


Sec. 524.12  [Amended]

    2. In Sec. 524.12, paragraph (c) is amended by revising the phrase 
``at attend'' in the third sentence to read ``to attend'', and 
paragraph (f) is removed.


Sec. 524.15  [Amended]

    3. Section 524.15 is amended by revising the phrase 
``Administrative Remedy Procedure'' to read ``Administrative Remedy 
Program''.
    4. Section 524.16 is revised to read as follows:


Sec. 524.16  Study and observation cases.

    Inmates committed to the custody of the U.S. Attorney General for 
purposes of study and observation are excluded from the provisions of 
this rule.
    5. A new Sec. 524.17 is added to subpart B to read as follows:


Sec. 524.17  Pretrial inmates.

    Additional provisions pertinent to pretrial inmates are contained 
in Sec. 551.107 of this chapter.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    6. The authority citation for 28 CFR part 541 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), 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; 28 
CFR 0.95-0.99.

    7. In Sec. 541.22, paragraph (a)(6) (i), (iii), and (iv) are 
revised to read as follows:


Sec. 541.22  Administrative detention.

* * * * *
    (a) * * *
    (6) * * *
    (i) Except for pretrial inmates or inmates in a control unit 
program, staff ordinarily within 90 days of an inmate's placement in 
post-disciplinary detention shall either return the inmate to the 
general inmate population or request regional level assistance to 
effect a transfer to a more suitable institution.
* * * * *
    (iii) Staff in a control unit will attempt to adhere to the 90-day 
limit for an inmate's placement in post-disciplinary detention. Because 
security needs required for an inmate in a control unit program may not 
be available outside of post-discipline detention, the Warden may 
approve an extension of this placement upon determining in writing that 
it is not practicable to release the inmate to the general inmate 
population or to effect a transfer to a more suitable institution.
    (iv) The appropriate Regional Director and the Assistant Director, 
Correctional Programs Division, shall review (for purpose of making a 
disposition) the case of an inmate in a control unit program not 
transferred from post-disciplinary detention within the 90-day time 
frame specified in paragraph (a)(6)(iii) of this section. A similar, 
subsequent review shall be conducted every 60-90 days if post-
disciplinary detention continues for this extended period.
* * * * *

PART 544--EDUCATION

    8. The authority citation for 28 CFR part 544 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 conduct occurring on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to 
conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 
0.95-0.99.

    9. In Sec. 544.81, paragraph (g) is revised to read as follows:


Sec. 544.81  Program goals.

* * * * *
    (g) Participate in a Release Preparation program; and
* * * * *

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

    10. 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.

    11. Section 571.20 is revised to read as follows:


Sec. 571.20  Purpose and scope.

    It is the policy of the Bureau of Prisons that an inmate being 
released to the community will have suitable clothing, transportation 
to the inmate's release destination, and some funds to use until he or 
she begins to receive income. Based on the inmate's need and financial 
resources, a discretionary gratuity up to the amount permitted by 
statute may be granted.
[FR Doc. 96-23045 Filed 9-9-96; 8:45 am]
BILLING CODE 4410-05-P