[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Proposed Rules]
[Page 64954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31160]



  Federal Register / Vol. 61, No. 237 / Monday, December 9, 1996 / 
Proposed Rules  

[[Page 64954]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1054-P]
RIN 1120-AA52


Correspondence: Pretrial Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on correspondence to require that general mail from 
pretrial inmates may not be sealed and may be read and inspected by 
staff. This amendment is intended to provide for the continued 
efficient and secure operation of the institution and to protect the 
public.

DATES: Comments must be received by February 7, 1997.

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 correspondence (28 CFR part 540, subpart B). Current 
regulations on this subject were published in the Federal Register on 
October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56 
FR 4159) and on December 18, 1995 (60 FR 65204).
    Current provisions on general correspondence in Sec. 540.14 (b) and 
(c) specify that outgoing general mail from pretrial inmates may be 
sealed by the inmate and are not subject to inspection by staff. The 
Bureau is proposing to require that general mail from pretrial inmates 
be sent out unsealed and subject to inspection. This requirement 
matches the requirement for general mail from sentenced inmates in 
medium, high, and administrative facilities. Ordinarily, pretrial 
inmates are housed in administrative facilities. Because pretrial 
inmates are not classified as to levels of security (as sentenced 
inmates are), the proposed requirement will apply to pretrial inmates 
even if they happen to be housed in minimum or low facilities. Special 
mail, whether from pretrial inmates or sentenced inmates, would be 
unaffected by this amendment.
    The Bureau believes that inspection of outgoing mail from pretrial 
inmates is consistent with the application of other Bureau policies 
pertaining to contacts with the public. For example, general 
correspondence sent to pretrial inmates is already subject to 
inspection and telephone calls for pretrial inmates are treated the 
same as calls for sentenced inmates with respect to monitoring. This 
amendment also serves to ensure the secure operation of institutions by 
reducing the potential for inmates to use sealed mail to plan escape 
attempts. Pretrial inmates are ordinarily confined in Bureau facilities 
after a motion for detention by an Assistant United States Attorney (18 
U.S.C. 3142(a)) and a detention hearing conducted by a U.S. Magistrate 
Judge. Often, the detention order reflected a finding by the Judge that 
the pretrial inmate is a flight risk and/or a threat to the community 
and requires confinement in order to ensure the pretrial inmate's 
presence at all court hearings and trial. While pretrial inmates retain 
the presumption of innocence, the unsettled nature of their status may 
lead to misuse of the correspondence privilege. Further, treating 
outgoing mail from pretrial inmates the same as outgoing mail from 
sentenced inmates simplifies mailroom procedures at those institutions 
which currently house a mix of pretrial and sentenced inmates.
    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 persons 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. Comment 
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 address. The proposed rule may be 
changed in light of the comments received. No oral hearings are 
contemplated.

List of Subjects in 28 CFR Part 540

    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 540 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 540--CONTACT WITH PERSONS IN THE COMMUNITY
    1. The authority citation for 28 CFR part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 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. 540.14, paragraphs (b) and (c) are revised to read as 
follows:
Sec. 540.14  General correspondence.

* * * * *
    (b) Except for ``special mail,'' outgoing mail from a pretrial 
inmate may not be sealed by the inmate and may be read and inspected by 
staff.
    (c)(1) Outgoing mail from a sentenced inmate in a minimum or low 
security level institution may be sealed by the inmate and, except as 
provided for in paragraphs (c)(1) (i) through (iv) of this section, is 
sent out unopened and uninspected. Staff may open a sentenced inmate's 
outgoing general correspondence:
    (i) If there is reason to believe it would interfere with the 
orderly running of the institution, that it would be threatening to the 
recipient, or that it would facilitate criminal activity;
    (ii) If the inmate is on a restricted correspondence list;
    (iii) If the correspondence is between inmates (see Sec. 540.17); 
or
    (iv) If the envelope has an incomplete return address.
    (2) Except for ``special mail,'' outgoing mail from a sentenced 
inmate in a medium or high security level institution, or an 
administrative institution may not be sealed by the inmate and may be 
read and inspected by staff.
* * * * *
[FR Doc. 96-31160 Filed 12-6-96; 8:45 am]
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