[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Proposed Rules]
[Pages 56096-56097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27813]



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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Parts 543 and 553



Inmate Legal Activities and Inmate Personal Property; Proposed Rule

  Federal Register / Vol. 61, No. 211 / Wednesday, October 30, 1996 / 
Proposed Rules  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 543 and 553

[BOP 1063-P]
RIN 1120-AA58


Inmate Legal Activities and Inmate Personal Property

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (``Bureau'') is 
proposing to amend its regulations in order to set forth situations in 
which one inmate may be allowed to possess the legal materials of 
another inmate while assisting that other inmate. This amendment is 
intended to maintain an appropriate balance between the need for 
institution security, good order, and discipline and the ability of 
inmates to assist each other with their legal documents.

DATES: Comments due by December 30, 1996.

ADDRESSES: Rules Unit, 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 legal activities (28 CFR 543, subpart B) and 
on inmate personal property (28 CFR 553, subpart B). A final rule on 
inmate legal activities was published in the Federal Register on June 
29, 1979 (44 FR 38263) and was amended on December 4, 1981 (46 FR 
59509) and on July 23, 1990 (55 FR 29992); a final rule on inmate 
personal property was published in the Federal Register on April 29, 
1983 (48 FR 19573).
    Existing Bureau regulations allow an inmate at an institution 
without an active, ongoing legal aid program the assistance of another 
inmate for purposes of legal research and preparation of legal 
documents (see 28 CFR 543.11(f)). Bureau regulations on inmate personal 
property specify that an inmate may possess only that property which 
the inmate is authorized to retain upon admission to the institution, 
which is issued while the inmate is in custody, which the inmate 
purchases in the institution commissary, or which is approved by staff 
to be mailed to, or otherwise received by an inmate (see 28 CFR 
553.10). With respect to legal materials, Bureau regulations further 
specify that an inmate may be allowed to retain those legal materials 
which are necessary for an inmate's legal actions (see 28 CFR 
553.11(d)). The Bureau has always taken this to mean materials which 
are necessary for an inmate's own legal actions.
    To maintain security and good order in the institution, the Bureau 
believes that an inmate should not possess another inmate's legal 
materials. Possession of such materials by another inmate may result in 
extortion attempts, the exchange of contraband, or the dissemination of 
information which could be used to endanger other inmates, institution 
staff, or the general public. Practical complications may also arise. 
For example, when inmates are transferred from one institution to 
another, their legal materials could be lost or damaged, thereby 
potentially affecting the inmates' ability to litigate their cases.
    On occasion, inmates have been allowed to possess other inmates' 
legal materials to some degree. To ensure consistency and maintain an 
appropriate balance between the need for institution security, good 
order, and discipline and the ability of inmates to assist each other, 
the Bureau is proposing to liberalize its regulations to allow an 
inmate to possess another inmate's legal materials within certain 
limitations.
    The proposed regulations specify that except in instances where the 
Warden imposes limitations for reasons of institution security, good 
order, or discipline, an inmate may possess another inmate's legal 
documents while assisting that inmate in the institution's main law 
library and in other locations if the Warden so designates. The inmate 
being assisted must bring his or her legal materials to the law library 
or other location in order to provide access to the assisting inmate. 
The inmate providing assistance may not remove the legal materials from 
the library or other designated location. Although the inmate being 
assisted need not remain present, that inmate is responsible for 
retrieving his or her legal materials. If, for example, the inmate 
being assisted chooses to leave the library or other designated 
location in order to recreate, that inmate must return in order to 
retrieve the legal materials. Legal materials left unattended in the 
law library or other designated location may be disposed of by staff as 
nuisance contraband.
    The institution's need for security, good order, or discipline may 
limit an inmate's assistance to another inmate when an inmate is placed 
in the institution's special housing unit. An inmate may be placed in a 
special housing unit for various reasons including administrative 
detention during the course of an investigation of allegations that the 
inmate committed a prohibited act, for protection, pending transfer, or 
in disciplinary segregation following a determination that the inmate 
had committed a prohibited act. Security necessarily restricts access 
to such inmates by inmates in the general population. Inmate assistance 
therefore may only be available from other inmates already in the 
special housing unit. Legal assistance from attorneys remains available 
to an inmate in a special housing unit (see Sec. 543.12).
    In addition to the foregoing changes, the Bureau is consolidating 
the provisions pertinent to legal materials in the regulations on 
inmate legal activities. The regulations on inmate personal property 
will contain only a cross-reference. Other changes to the regulations 
on inmate legal activities include a definition of leisure time in 
Sec. 543.11(a), a revised definition of legal materials in the 
introductory text of Sec. 543.11(d), a restatement of the provisions 
for receipt, purchase, and retention of legal materials in 
Sec. 543.11(d) (1) and (2), and a clarification to the provisions in 
Sec. 543.11(h) concerning the preparation of legal documents by a 
public stenographer.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly 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 
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.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, 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. 
Comments received after the expiration of the comment period will be 
considered to the extent practicable. All comments received remain on 
file for public inspection at the above

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address. The proposed rule may be changed in light of the comments 
received. No oral hearings are contemplated.

List of Subjects in 28 CFR Parts 543 and 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), parts 543 and 553 in subchapter C 
of 28 CFR, chapter V is proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 543--LEGAL MATTERS

    1. The authority citation for 28 CFR part 543 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, 
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.

    2. In Sec. 543.11, paragraphs (a), (d), and (f) are revised, and 
paragraph (h) is amended by revising the last sentence to read as 
follows:


Sec. 543.11  Legal research and preparation of legal documents.

    (a) The Warden shall make materials in the inmate law library 
available whenever practical, including evening and weekend hours. The 
Warden shall allow an inmate a reasonable amount of time, ordinarily 
during the inmate's leisure time (that is, when the inmate is not 
participating in a scheduled assignment or program), to do legal 
research and to prepare legal documents. Where practical, the Warden 
shall allow preparation of documents in living quarters during an 
inmate's leisure time.
* * * * *
    (d) An inmate's legal materials include but are not limited to the 
inmate's pleadings and documents (such as a presentence report) that 
have been filed in court, drafts of pleadings to be submitted to a 
court (whether prepared by the inmate or by an assisting inmate 
pursuant to paragraph (f) of this section), documents pertaining to an 
inmate's administrative case, photocopies of legal reference materials, 
and legal reference materials which are not available in the 
institution main law library (or basic law library in a satellite 
camp).
    (1) An inmate may solicit or purchase legal materials from outside 
the institution. The inmate may receive the legal materials in 
accordance with the provisions on incoming publications or 
correspondence (see 28 CFR part 540, subparts B and F) or through an 
authorized attorney visit from a retained attorney. The legal materials 
are subject to inspection and may be read or copied unless they are 
received through an authorized attorney visit from a retained attorney 
or are properly sent as special mail (for example, mail from a court or 
from an attorney), in which case they may be inspected for contraband 
or for the purpose of verifying that the mail qualifies as special 
mail.
    (2) Staff may allow an inmate to possess those legal materials 
which are necessary for the inmate's own legal actions. Staff may also 
allow an inmate to possess the legal materials of another inmate 
subject to the limitations of paragraph (f)(2) of this section. The 
Warden may limit the amount of legal materials an inmate may accumulate 
for security or housekeeping reasons.
* * * * *
    (f)(1) Except as provided for in paragraph (f)(3) of this section, 
an inmate may assist another inmate in the same institution during 
their leisure time (as defined in paragraph (a) of this section) with 
legal research and the preparation of legal documents for submission to 
a court or other judicial body.
    (2) Except as provided for in paragraph (f)(3) of this section, an 
inmate may possess another inmate's legal materials while assisting the 
other inmate in the institution's main law library and in another 
location if the Warden so designates. The assisting inmate may not 
remove such legal materials (including any drafts of legal pleadings 
prepared for the inmate being assisted) from the law library or other 
designated location. As defined in paragraph (d), drafts of legal 
pleadings are owned by the inmate being assisted. Although the inmate 
being assisted need not remain present in the law library or other 
designated location while the assistance is being rendered, that inmate 
is responsible for retrieving his or her legal materials from the 
library or other designated location. Any legal materials left 
unattended in the law library or other designated location may be 
disposed of by staff as nuisance contraband.
    (3) The Warden at any institution may impose limitations on an 
inmate's assistance to another inmate in the interest of institution 
security, good order, or discipline.
* * * * *
    (h) * * * Staff shall advise the inmate of any delay in the typing 
of which they have received notice from the stenographer.
* * * * *
    3. 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 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.

    4. In Sec. 553.11, paragraph (d) is revised to read as follows:


Sec. 553.11  Limitations on inmate personal property.

* * * * *
    (d) Legal Materials. Staff may allow an inmate to possess legal 
materials in accordance with the provisions on inmate legal activities 
(see Sec. 543.11 of this chapter).
* * * * *
[FR Doc. 96-27813 Filed 10-29-96; 8:45 am]
BILLING CODE 4410-05-P