[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Proposed Rules]
[Page 23536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11101]


      

[[Page 23535]]

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Part II





Department of Justice





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Federal Prison Industries, Inc.



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28 CFR Part 345



Federal Prison Industries (FPI) Inmate Work Programs; Eligibility; 
Proposed Rule

  Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / 
Proposed Rules  

[[Page 23536]]


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DEPARTMENT OF JUSTICE

Federal Prison Industries, Inc.

28 CFR Part 345

[BOP-1062-P]
RIN 1120-AA57


Federal Prison Industries (FPI) Inmate Work Programs: Eligibility

AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to limit 
from consideration for Federal Prison Industries (FPI) work assignments 
pretrial inmates or any inmate currently under an order for deportation 
or removal. In addition, any pretrial inmate or inmate in an FPI work 
assignment currently under a deportation or removal order shall be 
removed immediately and shall be reassigned to a non-FPI work 
assignment for which the inmate is eligible. This amendment is intended 
to help ensure that FPI work assignments ordinarily will be allocated 
to sentenced inmates who will be returning to the community within, 
rather than outside, the United States upon release.

DATES: Comments due by June 30, 1997.

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 proposing to amend 
its regulations on Federal Prison Industries (FPI) inmate work 
assignments. A final rule on this subject was published in the Federal 
Register on March 27, 1995 (60 FR 15826) and was amended on November 
20, 1996 (61 FR 59168).
    Pursuant to statutory authority, it is the policy of the Federal 
Government that convicted inmates confined in Federal prisons, jails, 
and other detention facilities shall work (104 Stat. 4914). FPI is 
further required by statute to provide work assignments for inmates (18 
U.S.C. 4122). These work assignments are designed to allow inmates the 
opportunity to acquire the knowledge, skills, and work habits which 
will be useful when released from the institution (see 28 CFR 345.10).
    In order to ensure that sentenced inmates releasing in the United 
States will be afforded opportunities to work in FPI assignments, FPI 
is proposing to restrict from consideration for FPI assignment pretrial 
inmates and inmates currently under an order for deportation or 
removal, and to remove from an FPI assignment any pretrial inmate or 
inmate currently under a deportation or removal order. In keeping with 
the policy that convicted inmates shall work, any inmate so removed 
would be reassigned to a non-FPI work assignment for which the inmate 
is eligible. While a pretrial inmate is not required to work in any 
assignment other than housekeeping tasks in the inmate's own cell and 
in the community living area, the pretrial inmate may be eligible for 
an institutional assignment if the inmate signs a waiver of his or her 
right not to work (see 28 CFR 551.106).
    Section 345.11 is therefore amended by adding a new paragraph (g) 
to reference the definition of ``pretrial inmate.'' Sections 345.35 and 
345.42 are amended to incorporate the above mentioned assignment and 
dismissal procedures.
    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 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 
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 345

    Inventions and patents, Prisoners, Scholarships and fellowships, 
Wages.
Kathleen M. Hawk,
Director, Bureau of Prisons, and Commissioner of Federal Prison 
Industries.

    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 and the Board of Directors, Federal Prison Industries 
in 28 CFR 0.96(p) and 0.99, part 345 in chapter III of 28 CFR is 
proposed to be amended as set forth below.

PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS

    1. The authority citation for 28 CFR part 345 continues to read as 
follows:

    Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the 
Board of Directors of Federal Prison Industries, Inc.

    2. In Sec. 345.11, paragraph (g) is added to read as follows:


Sec. 354.11  Definitions.

* * * * *
    (g) Pretrial inmate--The definition of pretrial inmate in 28 CFR 
551.101(a) is applicable to this part.
    3. In Sec. 345.35, paragraph (a) is revised to read as follows:


Sec. 345.35  Assignments to FPI.

    (a) An inmate may be considered for assignment with FPI unless the 
inmate is a pretrial inmate or is currently under an order for 
deportation or removal. Any request by an inmate for consideration must 
be made through the unit team. FPI does not discriminate on the bases 
of race, color, religion, ethnic origin, age, or disability.
* * * * *
    4. In Sec. 345.42, paragraph (d) is added to read as follows:


Sec. 345.42  Inmate worker dismissal.

* * * * *
    (d) Any inmate who is a pretrial inmate or who is currently under 
an order for deportation or removal shall be removed from any FPI work 
assignment and reassigned to a non-FPI work assignment for which the 
inmate is eligible.

[FR Doc. 97-11101 Filed 4-29-97; 8:45 am]
BILLING CODE 4410-05-P