[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Rules and Regulations]
[Page 39916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19520]


      

[[Page 39915]]

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Part IV





Department of Justice





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Bureau of Prisons



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28 CFR Part 544



Mandatory English-as-a-Second Language Program; Final Rule

  Federal Register / Vol. 62, No. 142 / Thursday, July 24, 1997 / Rules 
and Regulations  

[[Page 39916]]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1013-F]
RIN 1120-AA19


Mandatory English-as-a-Second Language Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document finalizes interim rules pertaining to statutory 
mandatory functional literacy requirements. The functional literacy 
requirements provide that inmates who are not proficient in English 
must participate in an English-as-a-Second-Language (ESL) program until 
they function at the eighth grade level on a nationally recognized 
achievement test. This amendment is intended to allocate Bureau 
resources designed to assist inmates who are not functionally literate 
in English.

EFFECTIVE DATE: July 24, 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 finalizing interim 
regulations for its Mandatory English-as-a-Second-Language (ESL) 
program. Mandatory functional literacy requirements contained in 18 
U.S.C. 3624(f) require non-English speaking inmates to participate in 
an ESL program until they function at an eighth grade level on a 
nationally recognized educational achievement test. The Bureau's 
interim regulations implemented the statutory requirements by requiring 
qualified federal inmates to participate in an ESL program unless the 
Warden has excused the inmate for good cause. The regulations also 
included a provision for incentives to help effectuate inmate 
motivation and success. In addition, this rule included procedures to 
identify inmates who qualify for the program and recordkeeping 
requirements to monitor inmate progress.
    The Bureau received no comment on the interim regulations. In 
adopting the interim regulations as final, the Bureau does wish to make 
one administrative change. The Bureau is restating the time frame for 
minimum required participation in terms of instructional hours, with 
240 instructional hours being the equivalent of 120 calendar days. 
Paragraph (d) of Sec. 544.42 has been revised accordingly.
    Members of the public may submit further 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 certifies 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.

List of Subjects in 28 CFR Part 544

    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, the 
interim rule amending 28 CFR part 544 which was published at 59 FR 
14724 on March 29, 1994, is adopted as a final rule with the following 
change.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

    1. 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 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. 544.42, paragraph (d) is revised to read as follows:


Sec. 544.42  Procedures.

* * * * *
    (d) Ordinarily, there will be no time limit for completion of the 
ESL mandatory program. However, after 240 instructional hours of 
continuous enrollment in an ESL program, excluding sick time, 
furloughs, and other excused absences from scheduled classes, the 
Warden shall have the authority to grant a waiver from further program 
participation. This waiver may be granted when it is determined that 
the inmate will not benefit from further instruction. Each exemption 
determination shall be made on an individual basis and shall be 
supported by documentation.

[FR Doc. 97-19520 Filed 7-23-97; 8:45 am]
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