[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50787-50791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25522]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 541

[BOP-1040-F]
RIN 1120-AA34


Inmate Discipline and Good Conduct Time

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is implementing 
provisions of the Violent Crime Control and Law Enforcement Act of 1994 
(VCCLEA) and the Prison Litigation Reform Act of 1995 (PLRA) which make 
the earning of good conduct time contingent upon exemplary compliance 
with institution regulations. The list of sanctions which may be 
imposed by the Discipline Hearing Officer in instances where an inmate 
subject to either of these two Acts has been determined to be not in 
compliance with institution regulations is accordingly being modified 
to achieve this purpose.

EFFECTIVE DATES: November 3, 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 (Bureau) is amending 
its regulations on inmate discipline (28 CFR part 541, subpart B). 
Section 20405 of the Violent Crime Control and Law Enforcement Act of 
1994 (18 U.S.C. 3624(b)) provides that a prisoner who is serving a term 
of imprisonment of more than one year for a crime of violence, other 
than a term of imprisonment for the duration of the prisoner's life, 
may receive credit toward the service of the prisoner's sentence, 
beyond the time served, of up to 54 days at the end of each year of the 
prisoner's term of imprisonment, beginning at the end of the first year 
of the term, subject to the determination by the Bureau of Prisons 
that, during that year, the prisoner has displayed exemplary compliance 
with such institutional disciplinary regulations as have been approved 
by the Attorney General and issued to the prisoner.
    A proposed rule on this subject was published in the Federal 
Register on October 26, 1995. In that document the Bureau defined 
exemplary compliance with institutional disciplinary regulations in 
terms of the number of times an inmate was found to have committed a 
prohibited act. Accordingly, the Bureau proposed changes to 28 CFR 
541.13(a) (1), (2), (3), and (4), (f), and 541.14(a). For ease of 
reference, Tables 3, 4 and 5 were revised in their entirety to 
incorporate changes to sanctions B and B.1. Under the proposed 
revision, when a VCCLEA inmate who has been rated as violent (i.e., an 
inmate who, as specified in the Violent Crime Control and Law 
Enforcement Act of 1994, committed a crime of violence on or after 
September 13, 1994) is found to have committed a greatest or high 
category offense during incarceration, the Discipline Hearing Officer 
(DHO) must, as a minimum, impose a sanction disallowing all Good 
Conduct Time (GCT) for the evaluation period. This means a loss of 54 
days GCT. Sanctions to be imposed for such inmates found to have 
committed moderate or low category offenses during incarceration were 
also modified, though in neither case would all available GCT be 
necessarily disallowed for a single incident. An accumulation of 
prohibited act determinations, however, could result in such a loss.
    The comment period for the proposed rule ended on December 26, 
1995. The Bureau received one comment on the proposed rule. The 
commenter raised two objections: the proposed rule appeared to create 
inequities in inmate discipline sanctions based upon a difference of 
commitment date, and the proposed rule would greatly increase the 
workload of the Discipline Hearing Officer (DHO).
    With respect to the apparent creation of inequities in inmate 
discipline sanctions based on commitment date, the Bureau notes that 
the statutory authority is explicit as to the consequences of less than 
exemplary behavior by VCCLEA inmates rated as violent. Since the 
statutory change potentially affects the loss of good conduct time, the 
changes can only be

[[Page 50788]]

applied to persons sentenced for an offense committed after the 
effective date of the Act. The statute has not been implemented 
retroactively. The distinction, then, is based both on date of the 
commitment offense and on the inmate's rating as a violent offender. 
What was at issue in the proposed rule is what constitutes exemplary 
compliance with institutional disciplinary regulations. The proposed 
rule procedurally defined this as the avoidance by the inmate of 
committing greatest or high category offenses. The proposed application 
of intermediate sanctions based on the commission of moderate or low 
category offenses by a VCCLEA inmate rated as violent fell within the 
upper limit of sanctions available for other inmates. The Bureau 
believes that the proposed application was supportive of the goal of 
maintaining exemplary compliance by VCCLEA inmates rated as violent. As 
noted below, however, the Bureau is making an adjustment in its 
determination of exemplary compliance in order to avoid disparity in 
the application of exemplary compliance for all inmates in accordance 
with the provisions of the Prison Litigation Reform Act of 1995 (PLRA).
    With respect to a possible increase in the DHO's workload resulting 
from Unit Discipline Committee referrals of moderate and low category 
offenses, the Bureau believes that the DHO needs to be aware of the 
discipline record of VCCLEA inmates rated as violent and, if needed, 
that additional resources can be considered to address an excessive 
increase in the DHO's workload.
    Section 809 of the PLRA amended 18 U.S.C. 3624 to require all 
inmates, not only those convicted of a crime of violence, to 
demonstrate exemplary compliance with institution disciplinary 
regulations in order to earn good conduct time. The Bureau believes 
that, having proposed an exemplary compliance standard for violent 
offenders, it may adopt the standard with modification both for VCCLEA 
violent offenders and for all inmates who are subject to the PLRA.
    The Bureau is therefore modifying Sec. 541.13(a) and 541.14(a) to 
cover PLRA inmates and revising the explanation of Sanction B.1 in 
Table 4 to specify that the DHO shall impose a specific minimum 
disallowance in cases involving a VCCLEA violent offender or a PLRA 
inmate. The practical result of this is to establish that either one or 
two 100 or 200 level offenses would result in a VCCLEA violent offender 
or PLRA inmate's losing all good conduct time for the year. The wording 
of Sanction B.1 need not change in Table 3. The proposed revision to 
Sec. 541.13(f) eligibility for restoration of forfeited good conduct 
time is not being finalized in this document. The Bureau intends to 
analyze the impact of the new sanctions on good conduct time before 
making a final determination. Sanction B in Table 3 and its explanation 
in Table 4 have been adjusted to note that a good conduct time sanction 
may not be suspended and that forfeited good conduct time will not be 
restored. The prohibition on suspension of good conduct time conforms 
to the treatment of disallowed good conduct time in Sanction B.1. In 
adopting the proposed rule as final, the Bureau is making two further 
editorial changes. Prohibited Act 109 (possession, introduction, or use 
of any narcotics, etc.) is being divided into three separate prohibited 
acts in order to simplify statistical reporting and analysis of such 
behavior. Prohibited Act 220 is also amended to exclude drill 
authorized and conducted by staff (for example, as may be given in an 
intensive confinement center program). New interim regulations for the 
intensive confinement center program were published in the Federal 
Register on April 26, 1996 (61 FR 18658). As noted above, the 
previously proposed revised sanctions are applicable to VCCLEA inmates 
rated as violent (i.e., inmates who, as specified in the Violent Crime 
Control and Law Enforcement Act of 1994, committed a crime of violence 
on or after September 13, 1994) and to PLRA inmates (inmates who 
committed offenses on or after April 26, 1996). Inmates who are 
eligible for good conduct time because they were sentenced under the 
provisions of the Sentencing Reform Act of 1984, but who were sentenced 
for a crime of violence committed before September 13, 1994 are not 
defined as ``VCCLEA inmates rated as violent'' or ``PLRA inmates'' and 
consequently are unaffected by the new sanctions for those inmates.
    Members of the public may submit 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 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 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 541

    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 541 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    1. The authority citation for 28 CFR part 541 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), 4161-4166 (Repealed 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. 541.13, paragraphs (a)(1) through (a)(4) are revised; in 
Table 3, under GREATEST CATEGORY, Sanction B is revised, the prohibited 
act language in column 2 for Code 109 is revised, and new Codes 111 
through 113 are added in numerical order; in Table 3, under HIGH 
CATEGORY, Sanction B and the prohibited act for Code 220 are revised; 
in Table 3, under MODERATE CATEGORY, Sanction B is revised; in Table 4, 
Items 1.(b) and (b.1) are revised; in Table 5, item 2 under ``Sanctions 
Permitted'' for Low Moderate Sanctions, Moderate Sanctions, and High 
Sanctions is revised; and in Table 6, the column headings and the Note 
are revised to read as follows:


Sec. 541.13  Prohibited acts and disciplinary severity scale.

    (a) * * *
    (1) Greatest category offenses. The Discipline Hearing Officer 
(DHO) shall impose and execute one or more of sanctions A through E. 
Sanction B.1 must be imposed for a VCCLEA inmate rated as violent 
(i.e., an inmate who, as specified in the Violent Crime Control and Law 
Enforcement Act of 1994, committed a crime of violence on or after 
September 13, 1994) and for a PLRA inmate (i.e., an inmate who has been 
sentenced for an offense

[[Page 50789]]

committed on or after April 26, 1996). The DHO may impose and execute 
sanction F and/or G only in addition to execution of one or more of 
sanctions A through E. Except as noted in the sanction, the DHO may 
also suspend one or more additional sanctions A through G.
    (2) High category offenses. The Discipline Hearing Officer shall 
impose and execute one or more of sanctions A through M, and, except as 
noted in the sanction, may also suspend one or more additional 
sanctions A through M. Sanction B.1 must be imposed for a VCCLEA inmate 
rated as violent and for a PLRA inmate. The Unit Discipline Committee 
shall impose and execute one or more of sanctions G through M, and may 
also suspend one or more additional sanctions G through M, except for a 
VCCLEA inmate rated as violent. All high category offense charges for a 
VCCLEA inmate rated as violent and for a PLRA inmate must be referred 
to the DHO.
    (3) Moderate category offenses. The Discipline Hearing Officer 
shall impose at least one sanction A through N, but, except as noted in 
the sanction, may suspend any sanction or sanctions imposed. Sanction 
B.1 ordinarily must be imposed for a VCCLEA inmate rated as violent and 
for a PLRA inmate. Except for charges referred to the DHO, the Unit 
Discipline Committee shall impose at least one sanction G through N, 
but may suspend any sanction or sanctions imposed. The UDC ordinarily 
shall refer to the DHO a moderate category charge for a VCCLEA inmate 
rated as violent or for a PLRA inmate if the inmate had been found to 
have committed a moderate category offense during the inmate's current 
anniversary year (i.e., the twelve month period of time for which an 
inmate may be eligible to earn good conduct time). The UDC must 
thoroughly document in writing the reasons why the charge for such an 
inmate was not referred to the DHO.
    (4) Low moderate category offenses. The Discipline Hearing Officer 
shall impose at least one sanction B.1, or E through P. The Discipline 
Hearing Officer may suspend any E through P sanction or sanctions 
imposed (a B.1 sanction may not be suspended). Except for charges 
referred to the DHO, the Unit Discipline Committee (UDC) shall impose 
at least one sanction G through P, but may suspend any sanction or 
sanctions imposed. The UDC ordinarily shall refer to the DHO a low 
moderate category charge for a VCCLEA inmate rated as violent or for a 
PLRA inmate if the inmate had been found to have committed two low 
moderate category offenses during the inmate's current anniversary year 
(i.e., the twelve month period of time for which an inmate may be 
eligible to earn good conduct time). The UDC must thoroughly document 
in writing the reasons why the charge for such an inmate was not 
referred to the DHO.
* * * * *

        Table 3.--Prohibited Acts and Disciplinary Severity Scale       
------------------------------------------------------------------------
       Code              Prohibited acts               Sanctions        
------------------------------------------------------------------------
                            Greatest Category                           
                                                                        
The UDC shall refer all Greatest Severity Prohibited Acts to the DHO    
 with recommendations as to an appropriate disposition.                 
------------------------------------------------------------------------
                                                                        
*                *                  *                  *                
                 *                  *                  *                
                                               B. Forfeit earned        
                                                statutory good time or  
                                                non-vested good conduct 
                                                time (up to 100%) and/or
                                                terminate or disallow   
                                                extra good time (an     
                                                extra good time or good 
                                                conduct time sanction   
                                                may not be suspended).  
                                                                        
*                *                  *                  *                
                 *                  *                  *                
109...............  (Not to be used)                                    
                                                                        
*                *                  *                  *                
                 *                  *                  *                
111...............  Introduction of any                                 
                     narcotics, marijuana,                              
                     drugs, or related                                  
                     paraphernalia not                                  
                     prescribed for the                                 
                     individual by the                                  
                     medical staff                                      
112...............  Use of any narcotics,                               
                     marijuana, drugs, or                               
                     related paraphernalia                              
                     not prescribed for the                             
                     individual by the                                  
                     medical staff                                      
113...............  Possession of any                                   
                     narcotics, marijuana,                              
                     drugs, or related                                  
                     paraphernalia not                                  
                     prescribed for the                                 
                     individual by the                                  
                     medical staff                                      
                                                                        
*                *                  *                  *                
                 *                  *                  *                
------------------------------------------------------------------------
                              High Category                             
------------------------------------------------------------------------
                                                                        
*                *                  *                  *                
                 *                  *                  *                
                                               B. Forfeit earned        
                                                statutory good time or  
                                                non-vested good conduct 
                                                time up to 50% or up to 
                                                60 days, whichever is   
                                                less, and/or terminate  
                                                or disallow extra good  
                                                time (an extra good time
                                                or good conduct time    
                                                sanction may not be     
                                                suspended).             
                                                                        
*                *                  *                  *                
                 *                  *                  *                
220...............  Demonstrating,                                      
                     practicing, or using                               
                     martial arts, boxing                               
                     (except for use of a                               
                     punching bag),                                     
                     wrestling, or other                                
                     forms of physical                                  
                     encounter, or military                             
                     exercises or drill                                 
                     (except for drill                                  
                     authorized and conducted                           
                     by staff)                                          
                                                                        

[[Page 50790]]

                                                                        
*                *                  *                  *                
                 *                  *                  *                
------------------------------------------------------------------------
                           Moderate Category                            
------------------------------------------------------------------------
                                                                        
*                *                  *                  *                
                 *                  *                  *                
                                               B. Forfeit earned        
                                                statutory good time or  
                                                non-vested good conduct 
                                                time up to 25% or up to 
                                                30 days, whichever is   
                                                less, and/or terminate  
                                                or disallow extra good  
                                                time (an extra good time
                                                or good conduct time    
                                                sanction may not be     
                                                suspended).             
                                                                        
*                *                  *                  *                
                 *                  *                  *                
------------------------------------------------------------------------


                           Table 4.--Sanctions                          
                                                                        
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
    1. * * *                                                            
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
    (b) Forfeit earned statutory good time, non-vested good conduct     
 time, and/or terminate or disallow extra good time. The statutory good 
 time available for forfeiture is limited to an amount computed by      
 multiplying the number of months served at the time of the offense for 
 which forfeiture action is taken, by the applicable monthly rate       
 specified in 18 U.S.C. 4161 (less any previous forfeiture or           
 withholding outstanding). The amount of good conduct time (GCT)        
 available for forfeiture is limited to the total number of days in the 
 ``non-vested'' status at the time of the misconduct (less any previous 
 forfeiture). A forfeiture of good conduct time sanction may not be     
 suspended. Disallowance of extra good time is limited to the extra good
 time for the calendar month in which the violation occurs. It may not  
 be withheld or restored. The sanction of termination or disallowance of
 extra good time may not be suspended. Forfeited good conduct time will 
 not be restored. Authority to restore forfeited statutory good time is 
 delegated to the Warden. This decision may not be delegated lower than 
 the Associate Warden level. Limitations on this sanction and           
 eligibility for restoration are based on the severity scale. (See Table
 6)                                                                     
    (b.1) Disallowance of good conduct time. I. An inmate sentenced     
 under the Sentencing Reform Act provisions of the Comprehensive Crime  
 Control Act (includes the inmate who committed his or her crime on or  
 after November 1, 1987) may not receive statutory good time, but is    
 eligible to receive 54 days good conduct time credit each year (18     
 U.S.C. 3624(b)). Once awarded, the credit is vested, and may not be    
 disallowed. However, for crimes committed on or after September 13,    
 1994 and prior to April 26, 1996, credit toward an inmate's service of 
 sentence shall not be vested unless the inmate has earned or is making 
 satisfactory progress toward a high school diploma or an equivalent    
 degree, or has been exempted from participation because of a learning  
 disability. For crimes committed on or after April 26, 1996, credit    
 toward an inmate's service of sentence shall vest on the date the      
 inmate is released from custody. Once disallowed, the credit may not be
 restored, except by immediate review or appeal action as indicated     
 below. Prior to this award being made, the credit may be disallowed for
 an inmate found to have committed a prohibited act. A sanction of      
 disallowance of good conduct time may not be suspended. Only the DHO   
 can take action to disallow good conduct time. The DHO shall consider  
 the severity of the prohibited act and the suggested disallowance      
 guidelines in making a determination to disallow good conduct time. A  
 decision to go above the guideline range is warranted for a greatly    
 aggravated offense or where there is a repetitive violation of the same
 prohibited act that occurs within a relatively short time frame (e.g., 
 within 18 months for the same greatest severity prohibited act, within 
 12 months for the same high severity prohibited act, and within 6      
 months for the same moderate severity prohibited act). A decision to go
 below the guidelines is warranted for strong mitigating factors. Any   
 decision outside the suggested disallowance guidelines is to be        
 documented and justified in the DHO report.                            
    II. VCCLEA inmates rated as violent and PLRA inmates will ordinarily
 be disallowed good conduct time for each prohibited act they are found 
 to have committed at a DHO hearing, consistent with the following:     
        (1) Greatest category offenses: A minimum of 40 days (or, if    
     less than 54 days are available for the prorated period, a minimum 
     of 75% of available good conduct time) for each act committed;     
        (2) High category offenses: A minimum of 27 days (or, if less   
     than 54 days are available for the prorated period, a minimum of   
     50% of available good conduct time) for each act committed;        
        (3) Moderate category offenses: A minimum of 13 days (or, if    
     less than 54 days are available for the prorated period, a minimum 
     of 25% of available good conduct time) for each act committed if   
     the inmate has committed two or more moderate category offenses    
     during the current anniversary period;                             
        (4) Low moderate category offenses: A minimum of 6 days (or, if 
     less than 54 days are available for the prorated period, a minimum 
     of 12.5% of available good conduct time) for each act committed if 
     the inmate has committed three or more low moderate category       
     offenses during the current anniversary period.                    
However, the DHO may, after careful consideration of mitigating factors 
 (seriousness of the offense, the inmate's past disciplinary record, the
 lack of available good conduct time, etc.) choose to impose a lesser   
 sanction, or even disallow no GCT for moderate and low moderate        
 prohibited acts by VCCLEA inmates rated as violent or by PLRA inmates. 
 The DHO must thoroughly detail the rationale for choosing to disallow  
 less than 13 days or 6 days respectively. This will be documented in   
 Section VII of the DHO report. Disallowances of amounts greater than 13
 days or 6 days respectively will occur with repetitive offenses        
 consistent with the guidelines in this (b.1).                          
    III. The decision of the DHO is final and is subject only to review 
 by the Warden to ensure conformity with the provisions of the          
 disciplinary policy and by inmate appeal through the administrative    
 remedy program. The DHO is to ensure that the inmate is notified that  
 any appeal of a disallowance of good conduct time must be made within  
 the time frames established in the Bureau's rule on administrative     
 remedy procedures.                                                     
    IV. Except for VCCLEA inmates rated as violent or PLRA inmates,     
 Sanction B.1 may be imposed on the Low Moderate category only where the
 inmate has committed the same low moderate prohibited act more than one
 time within a six-month period.                                        
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------


[[Page 50791]]


                   TABLE 5.--Sanctions for Repetition of Prohibited Acts Within Same Category                   
----------------------------------------------------------------------------------------------------------------
                     Prior offense (same                                                                        
     Category         code) within time      Frequency of repeated                Sanction permitted            
                            period                  offense                                                     
----------------------------------------------------------------------------------------------------------------
                                                                     Low Moderate Sanctions, plus.              
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                                                                     2. Forfeit earned SGT or non-vested GCT up 
                                                                      to 10% or up to 15 days, whichever is     
                                                                      less, and/or terminate or disallow extra  
                                                                      good time (EGT) (an EGT sanction may not  
                                                                      be suspended).                            
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                                                                     Moderate Sanctions (A, C, E-N), plus.      
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                                                                     2. Forfeit earned SGT or non-vested GCT up 
                                                                      to 37\1/2\% or up to 45 days, whichever is
                                                                      less, and/or terminate or disallow EGT (an
                                                                      EGT sanction may not be suspended).       
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                                                                     High Sanctions (A, C, E-M), plus.          
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                                                                     2. Forfeit earned SGT or non-vested GCT up 
                                                                      to 75% or up to 90 days, whichever is     
                                                                      less, and/or terminate or disallow EGT (an
                                                                      EGT sanction may not be suspended).       
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------


            Table 6.--Sanctions by Severity of Prohibited Act, With Eligibility for Restoration of Forfeited and Withheld Statutory Good Time           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Elig. restoration   Elig. restoration                    
         Severity of act               Sanctions      Max. amt. forf. GT   Max. amt W/hd SGT       forf. SGT           W/hd/SGT          Max. dis seg   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: (1) In Table 6 headings, ``GT'' represents both good conduct and statutory good time and ``SGT'' represents statutory good time. Forfeited good   
  conduct time is not eligible for restoration. Restoration of statutory good time will be approved at the time of initial eligibility only when the    
  inmate has shown a period of time with improved good behavior. When the Warden or his delegated representative denies restoration of forfeited or     
  withheld statutory good time, the unit team shall notify the inmate of the reasons for denial. The unit team shall establish a new eligibility date,  
  not to exceed six months from the date of denial.                                                                                                     
(2) An inmate with an approaching parole effective date, or an approaching mandatory release or expiration date who has forfeited good time may be      
  placed in a Community Treatment Center only if that inmate is otherwise eligible under Bureau policy, and if there exists a legitimate documented need
  for such placement. The length of stay at the Community Treatment Center is to be held to the time necessary to establish residence and employment.   

    3. In Sec. 541.14, paragraph (a) is amended by revising the last 
sentence to read as follows:


Sec. 541.14  Incident report and investigation.

    (a) Incident report. * * * Only the DHO may make a final 
disposition on a prohibited act in the Greatest Severity Category or on 
a prohibited act in the High Category (when the High Category 
prohibited act has been committed by a VCCLEA inmate rated as violent 
or by a PLRA inmate).
* * * * *
[FR Doc. 97-25522 Filed 9-25-97; 8:45 am]
BILLING CODE 4410-05-P