[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Rules and Regulations]
[Pages 53690-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27252]



[[Page 53689]]

_______________________________________________________________________

Part II





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Parts 524 and 550



Drug Abuse Treatment and Intensive Confinement Center Programs; Early 
Release Consideration; Final Rule

  Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / 
Rules and Regulations  

[[Page 53690]]


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


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 524 and 550

[BOP-1070-I]
RIN 1120-AA66


Drug Abuse Treatment and Intensive Confinement Center Programs: 
Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule with request for comments.

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

SUMMARY: In this document, the Bureau of Prisons is revising its rule 
on Drug Abuse Treatment Programs which allows for consideration of 
early release of eligible inmates who complete a residential drug abuse 
treatment program. The Bureau of Prisons is revising the rules with 
respect to the criteria for receiving a sentence reduction and also 
with respect to the authority of the Community Corrections Regional 
Administrator to adjust the presumptive release date for an inmate in a 
community-based program. The amendment is intended to provide for 
adequate drug treatment transitional programs and to demonstrate more 
clearly the discretion granted to the Director of the Bureau of Prisons 
under 18 U.S.C. 3621(e) by listing the criteria that would preclude an 
inmate from receiving a sentence reduction as determined by the 
Director of the Bureau of Prisons. Criteria for possible sentence 
reduction under the intensive confinement center program are being 
modified in a similar manner as a conforming amendment.

DATES: Effective October 9, 1997. Comments are due December 15, 1997.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 320 First Street, NW., Washington, D.C. 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 further amending 
its regulations on Drug Abuse Treatment Programs (28 CFR part 550, 
subpart F). An interim rule on this subject, which implemented Section 
32001 of the Violent Crime Control and Law Enforcement Act of 1994 
(codified at 18 U.S.C. 3621(e)), was published in the Federal Register 
on May 25, 1995 (60 FR 27692) and was amended on May 17, 1996 (61 FR 
25122). Comments received on these previous interim rules will be 
addressed in a separate document when the rules are finalized.
    The interim rule published on May 25, 1995, attempted to define the 
term ``crime of violence'' pursuant to 18 U.S.C. 924(c)(3). Because of 
differences in application of case law among the various Federal 
courts, a few crimes would not be clearly covered by the Bureau's 
definition. This interim rule avoids this complication by using the 
discretion allotted to the Director of the Bureau of Prisons in 
granting a sentence reduction to exclude inmates whose current offense 
is a felony (a) that has as an element, the actual, attempted, or 
threatened use of physical force against the person or property of 
another, or (b) that involved the carrying, possession, or use of a 
firearm or other dangerous weapon or explosives (including any 
explosive material or explosive device), or (c) that by its nature or 
conduct, presents a serious potential risk of physical force against 
the person or property of another, or (d) that by its nature or conduct 
involves sexual abuse offenses committed upon children.
    As a conforming amendment, the criteria for possible sentence 
reduction under the intensive confinement center program (28 CFR 524, 
subpart D) pertaining to crimes of violence (Sec. 524.31(a)(3)) are 
being modified in a similar manner.
    Under Sec. 550.58(c)(3), the Community Corrections Regional 
Administrator had the authority to retard or disallow any portion of 
the maximum 12 month reduction for an inmate in a community-based 
program based upon a disciplinary finding or based on program needs 
(for example, the inmate has not established an adequate release plan). 
This paragraph is being revised to specify that if an inmate cannot 
fulfill his or her community-based treatment obligations by the 
presumptive release date, the Community Corrections Regional 
Administrator may adjust the presumptive release date by the minimum 
amount of time necessary to fulfill treatment obligations. The 
Community Corrections Regional Administrator, as the Bureau official 
responsible for monitoring the quality of the treatment programs 
available in community-based programs, makes determinations as to the 
inmate's completion of applicable transitional services. Such 
determinations are responsive to the treatment needs of the inmate and 
are not intended to be punitive. Disciplinary findings which can result 
in an inmate's being precluded from receiving a sentence reduction (see 
redesignated Sec. 550.58(a) (2)(iv) and (3)(ii)) remain as a 
determination of the Discipline Hearing Officer.
    The Bureau is publishing this change as an interim rule in order to 
solicit public comment while continuing to provide consideration for 
early release to qualified inmates. Interested persons may participate 
in this interim rulemaking by submitting data, views, or arguments in 
writing to the Rules Unit, Office of General Counsel, Federal Bureau of 
Prisons, 320 First Street, NW., HOLC Room 754, Washington, D.C. 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 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. Sec. 601, et seq.), does not have 
a significant impact on a substantial number of small entities within 
the meaning of the Act. Because this rule pertains to correctional 
management of persons 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

28 CFR Part 524

    Prisoners.

28 CFR Part 550

    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 524 in subchapter B of 28 
CFR, chapter V, and part 550 in subchapter C of 28 CFR, chapter V are 
amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 524--CLASSIFICATION OF INMATES

    1. The authority citation for 28 CFR part 524 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4046,

[[Page 53691]]

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; 21 U.S.C. 848; 28 U.S.C. 
509, 510; Title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. Chapter 
223); 28 CFR 0.95-0.99.

    2. In Sec. 524.31, paragraph (a)(3) is revised to read as follows:


Sec. 524.31  Eligibility and placement.

    (a) * * *
    (3) Is not serving a term of imprisonment for a crime of violence 
or a felony offense:
    (i) That has as an element, the actual, attempted, or threatened 
use of physical force against the person or property of another, or
    (ii) That involved the carrying, possession, or use of a firearm or 
other dangerous weapon or explosives (including any explosive material 
or explosive device), or
    (iii) That by its nature or conduct, presents a serious potential 
risk of physical force against the person or property of another, or
    (iv) That by its nature or conduct involves sexual abuse offenses 
committed upon children.
* * * * *

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    3. The authority citation for 28 CFR part 550 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), 4251-4255, 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.

    4. In Sec. 550.58, the introductory text, paragraph (a) heading, 
and paragraph (c)(3) are revised, paragraphs (a)(1) and (a)(2) are 
redesignated as paragraphs (a)(2) and (a)(3), and a new paragraph 
(a)(1) is added to read as follows:


Sec. 550.58  Consideration for early release.

    An inmate who was sentenced to a term of imprisonment pursuant to 
the provisions of 18 U.S.C. Chapter 227, Subchapter D for a nonviolent 
offense, and who is determined to have a substance abuse problem, and 
successfully completes a residential drug abuse treatment program 
during his or her current commitment may be eligible, in accordance 
with paragraph (a) of this section, for early release by a period not 
to exceed 12 months.
    (a) Additional early release criteria. (1) As an exercise of the 
discretion vested in the Director of the Federal Bureau of Prisons, the 
following categories of inmates are not eligible for early release:
    (i) INS detainees;
    (ii) Pretrial inmates;
    (iii) Contractual boarders (for example, D.C., State, or military 
inmates);
    (iv) Inmates who have a prior felony or misdemeanor conviction for 
homicide, forcible rape, robbery, or aggravated assault, or child 
sexual abuse offenses;
    (v) Inmates who are not eligible for participation in a community-
based program as determined by the Warden on the basis of his or her 
professional discretion;
    (vi) Inmates whose current offense is a felony:
    (A) That has as an element, the actual, attempted, or threatened 
use of physical force against the person or property of another, or
    (B) That involved the carrying, possession, or use of a firearm or 
other dangerous weapon or explosives (including any explosive material 
or explosive device), or
    (C) That by its nature or conduct, presents a serious potential 
risk of physical force against the person or property of another, or
    (D) That by its nature or conduct involves sexual abuse offenses 
committed upon children.
* * * * *
    (c) * * *
    (3) If the inmate cannot fulfill his or her community-based 
treatment obligations by the presumptive release date, the Community 
Corrections Regional Administrator may adjust the presumptive release 
date by the minimum amount of time necessary to allow for fulfillment 
of the treatment obligations.

[FR Doc. 97-27252 Filed 10-9-97; 2:48 pm]
BILLING CODE 4410-05-P