[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Page 11818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6082]



[[Page 11817]]

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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Part 511



Searching and Detaining or Arresting Persons Other Than Inmates; Final 
Rule

  Federal Register / Vol. 63, No. 46 / Tuesday, March 10, 1998 / Rules 
and Regulations  

[[Page 11818]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 511

[BOP-1066-F]
RIN 1120-AA61


Searching and Detaining or Arresting Persons Other Than 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 searching/detaining of non-inmates to authorize the 
Warden to conduct visual searches of visitors suspected of introducing 
contraband into a low and above security level institution (or 
administrative institution, or in a pretrial or in a jail unit within 
any security level institution) when there is reasonable suspicion that 
the visitor possesses contraband or is introducing or attempting to 
introduce contraband into the institution. Previously, such searches 
were authorized at medium and higher security level institutions (or 
administrative institution, or in a pretrial or in a jail unit within 
any security level institution). This amendment is intended to provide 
for the continued secure and safe operation of Bureau institutions.

EFFECTIVE DATE: April 9, 1998.

ADDRESSES: Rulemaking Unit, 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 searching/detaining non-inmates. A proposed rule on this 
subject was published in the Federal Register on March 5, 1997 (62 FR 
10164).
    Current regulations in Sec. 511.12(d) permit the Warden to 
authorize a visual search (visual inspection of all body surfaces and 
cavities) of a visitor as a prerequisite to a visit in a medium or high 
security level institution, or administrative institution, or in a 
pretrial or in a jail (detention) unit within any security level 
institution when there is reasonable suspicion that the visitor 
possesses contraband or is introducing or attempting to introduce 
contraband into the institution. Any visitor who objects to the search 
procedure has the option of refusing and leaving the institution 
property, unless there is reason to detain and/or arrest.
    Low security level institutions, like medium and higher security 
level institutions, maintain secure perimeter barriers and, to various 
degrees, are characterized by security factors similar to those of 
medium and higher security level institutions. Consistent with the 
needs of these secure institutions, the Bureau proposed to authorize 
the use of a visual search at low security level institutions. Minimum 
security level institutions are unaffected by this proposal.
    As an editorial change, the Bureau proposed to revise the title of 
the regulation to ``Searching and Detaining or Arresting Persons Other 
Than Inmates.'' This title more completely reflects the scope of the 
regulation.
    No 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 (including 
contact with the public), its economic impact is limited to the 
Bureau's appropriated funds.

List of Subjects in 28 CFR Part 511

    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 511 in subchapter A of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 511--GENERAL MANAGEMENT POLICY

    1. The authority citation for 28 CFR part 511 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793, 
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (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, 6.1.

    2. In 28 CFR part 511, the heading for subpart B is revised to read 
as follows:

Subpart B--Searching and Detaining or Arresting Persons Other Than 
Inmates

    3. In Sec. 511.12, paragraph (d) is revised to read as follows:


Sec. 511.12  Procedures for searching visitors.

* * * * *
    (d) The Warden may authorize a visual search (visual inspection of 
all body surfaces and cavities) of a visitor as a prerequisite to a 
visit to an inmate in a low and above security level institution, or 
administrative institution, or in a pretrial or in a jail (detention) 
unit within any security level institution when there is reasonable 
suspicion that the visitor possesses contraband or is introducing or 
attempting to introduce contraband into the institution.
* * * * *
[FR Doc. 98-6082 Filed 3-9-98; 8:45 am]
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