[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50786-50787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25533]



[[Page 50785]]

_______________________________________________________________________

Part VI





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Parts 523, 541, and 544



Good Conduct Time; Interim Rule



Inmate Discipline and Good Conduct Time; Final Rule



Literacy Program; Interim Rule

  Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / 
Rules and Regulations  

[[Page 50786]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 523

[BOP-1032-I]
RIN 1120-AA62


Good Conduct Time

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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

SUMMARY: In this document, the Bureau of Prisons is issuing interim 
regulations for the awarding of good conduct time pursuant to the 
Prison Litigation Reform Act of 1995 (PLRA). Pursuant to the PLRA, in 
awarding good conduct time credit, the Bureau shall consider whether 
the inmate, during the relevant period, has earned, or is making 
satisfactory progress toward earning, a high school diploma or 
equivalent degree. This interim rule provides that an inmate subject to 
the PLRA shall be awarded the full 54 days credit for good conduct time 
(prorated when the time served by the inmate for the sentence during 
the year is less than a full year) if the inmate has earned or is 
making satisfactory progress toward earning a General Educational 
Development (GED) credential. The interim rule further provides that an 
inmate subject to the PLRA shall be awarded 42 days credit for good 
conduct time per year (prorated when the time served by the inmate for 
the sentence during the year is less than a full year) if the inmate 
has not earned or is not making satisfactory progress toward earning a 
GED credential. The amount of good conduct time awarded is also subject 
to disciplinary disallowance.

DATES: Effective November 3, 1997; comments must be submitted by 
November 25, 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 adopting interim 
regulations for the awarding of good conduct time for certain inmates. 
The awarding and vesting of good conduct time at a rate of 54 days per 
year (prorated when the time served by the inmate for the sentence 
during the year is less than a full year) had been clearly stated by 
statute since the implementation of the Sentencing Reform Act of 1984. 
The actual awarding of good conduct time occurs annually on the date 
marking the anniversary of the inmate's completion of one year in 
Federal custody. The awarding of good conduct time is also subject to 
disciplinary disallowance (see Tables 3 through 6 in 28 CFR 541.13).
    Further statutory mandates on vesting good conduct time were added 
by the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) 
and by the PLRA. Under the Sentencing Reform Act of 1984, good conduct 
time vested annually. Section 20412 of VCCLEA required, among other 
things, that 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. Section 809 of 
the PLRA requires, among other things, that credit toward an inmate's 
service of sentence shall vest on the date the inmate is released from 
custody, and that in awarding credit, the Bureau shall consider whether 
the prisoner, during the relevant period, has earned, or is making 
satisfactory progress toward earning, a high school diploma or an 
equivalent degree. This interim regulation is being issued for the 
purpose of implementing the discretionary provision of the PLRA 
pertaining to the awarding of good conduct time.
    Regulations for the Bureau's literacy program have been revised to 
include a definition of ``satisfactory progress'' (28 CFR 544.73(b)). 
The revised regulations are published elsewhere in today's Federal 
Register. Pursuant to that definition, an inmate shall be deemed to be 
making satisfactory progress toward earning a GED credential or high 
school diploma unless and until the inmate receives a progress 
assignment confirming that the inmate refuses to enroll in the literacy 
program, that the inmate has been found to have committed a prohibited 
act that occurred in a literacy program during the last 240 hours of 
the inmate's most recent enrollment in the literacy program, or that 
the inmate has withdrawn from the literacy program. An inmate who 
receives a progress rating that the inmate is not making satisfactory 
progress shall be deemed to be making satisfactory progress only after 
the inmate has received a new progress assignment that the inmate has 
been continuously enrolled in a literacy program for a minimum of 240 
instructional hours. Any further withdrawal or finding that the inmate 
has committed a prohibited act that occurred in a literacy classroom 
during the last 240 instructional hours of the literacy program shall 
result in a progress assignment indicating that the inmate is again not 
making satisfactory progress.
    An inmate who is subject to the requirements of VCCLEA (i.e., an 
inmate who has been convicted of an offense committed on or after 
September 13, 1994 but before April 26, 1996) therefore may have his or 
her good conduct time vest if he or she possesses a high school 
diploma, a GED credential, or is making satisfactory progress toward 
attaining a GED. An inmate who is subject to the PLRA (i.e., an inmate 
who has been convicted of an offense committed on or after April 26, 
1996) is awarded credit upon Bureau consideration whether the inmate 
has earned or is making satisfactory progress toward earning a high 
school diploma or an equivalent degree. By statute, good conduct time 
awarded to such inmate does not vest until the inmate is released from 
custody. The Bureau has determined (see new Sec. 523.20) that when a 
PLRA inmate has not earned a high school diploma and is not making 
satisfactory progress toward earning a GED credential, the inmate shall 
be awarded 42 days of good conduct time rather than 54 days (prorated 
when the time served by the inmate during the year is less than a full 
year). The amount of good conduct time to be awarded is also subject to 
disciplinary disallowance.
    The Bureau is publishing this regulation as an interim rule in 
order to solicit public comment. Members of the public may submit 
comments concerning this rule by writing to the previously cited 
address. Comments received before expiration of the deadline will be 
considered before the rule is finalized. Comments received after 
expiration of the deadline will be considered to the extent 
practicable.
    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 pursuant to E.O. 12866. 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.

[[Page 50787]]

List of Subjects in 28 CFR Part 523

    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 523 in subchapter B of 28 
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 523--COMPUTATION OF SENTENCE

    1. The authority citation for 28 CFR part 523 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1, 
1987 as to offenses committed on or after that date), 3621, 3622, 
3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct 
occurring on or after November 1, 1987), 4161-4166 (repealed October 
12, 1984 as to offenses committed on or after November 1, 1987), 
5006-5024 (Repealed October 12, 1984 as to conduct occurring after 
that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.

    2. A new subpart C, consisting of Sec. 523.20, is added to read as 
follows:

Subpart C--Good Conduct Time


Sec. 523.20  Good conduct time.

    Pursuant to 18 U.S.C. 3624(b), as in effect for offenses committed 
on or after November 1, 1987 but before April 26, 1996, an inmate earns 
54 days credit toward service of sentence (good conduct time credit) 
for each year served. This amount is prorated when the time served by 
the inmate for the sentence during the year is less than a full year. 
The amount to be awarded is also subject to disciplinary disallowance 
(see Tables 3 through 6 in Sec. 541.13 of this chapter). Pursuant to 18 
U.S.C. 3624(b), as in effect for offenses committed on or after April 
26, 1996, the Bureau shall consider whether the inmate has earned, or 
is making satisfactory progress (see Sec. 544.73(b) of this chapter) 
toward earning a General Educational Development (GED) credential 
before awarding good conduct time credit.
    (a) When considering good conduct time for an inmate serving a 
sentence for an offense committed on or after April 26, 1996, the 
Bureau shall award:
    (1) 54 days credit for each year served (prorated when the time 
served by the inmate for the sentence during the year is less than a 
full year) if the inmate has earned or is making satisfactory progress 
toward earning a GED credential or high school diploma; or
    (2) 42 days credit for each year served (prorated when the time 
served by the inmate for the sentence during the year is less than a 
full year) if the inmate has not earned or is not making satisfactory 
progress toward earning a GED credential or high school diploma.
    (b) The amount of good conduct time awarded for the year is also 
subject to disciplinary disallowance (see Tables 3 through 6 in 
Sec. 541.13 of this chapter).

[FR Doc. 97-25533 Filed 9-25-97; 8:45 am]
BILLING CODE 4410-05-P