[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
_______________________________________________________________________
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]
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