[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Rules and Regulations]
[Page 65186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32324]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1054-F]
RIN 1120-AA52


Correspondence: Pretrial Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its 
regulations on correspondence to require that general mail from 
pretrial inmates may not be sealed and may be read and inspected by 
staff. This amendment is intended to provide for the continued 
efficient and secure operation of the institution and to protect the 
public.

EFFECTIVE DATE: January 9, 1998.

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 amending its 
regulations on correspondence (28 CFR part 540, subpart B). A proposed 
rule on this subject was published in the Federal Register December 9, 
1996 (61 FR 64954).
    Provisions on general correspondence in Sec. 540.14(b) and (c) 
previously specified that outgoing general mail from pretrial inmates 
may be sealed by the inmate and are not subject to inspection by staff. 
On December 9, 1996, the Bureau proposed to require that general mail 
from pretrial inmates be sent out unsealed and subject to inspection. 
The proposed requirement matched the requirement for outgoing general 
mail from sentenced inmates in medium, high, and administrative 
facilities. Ordinarily, pretrial inmates are housed in administrative 
facilities. Because pretrial inmates are not classified as to levels of 
security (as sentenced inmates are), the proposed requirement would 
apply to pretrial inmates even if they happen to be housed in minimum 
or low facilities. Special mail, whether from pretrial inmates or 
sentenced inmates, was unaffected by the proposed amendment.
    No public comment was received on the proposed rule, and the Bureau 
is therefore adopting the proposed rule as final without change.
    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 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 540

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

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 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. 540.14, paragraphs (b) and (c) are revised to read as 
follows:


Sec. 540.14  General correspondence.

* * * * *
    (b) Except for ``special mail,'' outgoing mail from a pretrial 
inmate may not be sealed by the inmate and may be read and inspected by 
staff.
    (c)(1) Outgoing mail from a sentenced inmate in a minimum or low 
security level institution may be sealed by the inmate and, except as 
provided for in paragraphs (c)(1)(i) through (iv) of this section, is 
sent out unopened and uninspected. Staff may open a sentenced inmate's 
outgoing general correspondence:
    (i) If there is reason to believe it would interfere with the 
orderly running of the institution, that it would be threatening to the 
recipient, or that it would facilitate criminal activity;
    (ii) If the inmate is on a restricted correspondence list;
    (iii) If the correspondence is between inmates (see Sec. 540.17); 
or
    (iv) If the envelope has an incomplete return address.
    (2) Except for ``special mail,'' outgoing mail from a sentenced 
inmate in a medium or high security level institution, or an 
administrative institution may not be sealed by the inmate and may be 
read and inspected by staff.
* * * * *
[FR Doc. 97-32324 Filed 12-9-97; 8:45 am]
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