[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9428-9429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4732]



[[Page 9427]]

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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Parts 511, 524, 541, 551, 552



Classification and Program Review: Team Meetings; Birth Control, 
Pregnancy, Child Placement, and Abortion; Searches of Housing Units, 
Inmates, and Inmate Work Areas, and Persons Other Than Inmates: 
Electronic Devices; Inmate Discipline: Prohibited Acts; Final and 
Proposed Rules

  Federal Register / Vol. 64, No. 37 / Thursday, February 25, 1999 / 
Rules and Regulations  

[[Page 9428]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1068-F]
RIN 1120-AA64


Classification and Program Review: Team Meetings

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Prisons is amending its regulations on 
classification and program review to discontinue the practice of 
permitting inmates to waive appearance at classification team meetings 
for program reviews. The purpose of this change is to ensure that 
inmates participate in their own program reviews.

EFFECTIVE DATE: March 29, 1999.

ADDRESSES: Rules 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 classification and program review (28 CFR part 524, 
subpart B). A proposed rule on this subject was published in the 
Federal Register on April 21, 1997 (62 FR 19430).
    Program reviews provide the inmate with an opportunity to discuss 
staff's assessment of the inmate's performance in the institution's 
programming, conduct, sanitation, release preparation, etc. Regulations 
in Sec. 524.12(c) permitted an inmate to elect not to attend program 
reviews subsequent to the initial classification meeting. In order to 
ensure that the inmate participates in program reviews, the Bureau 
proposed to eliminate the inmate's option not to attend program 
reviews. Sanctions for an inmate's unexcused absence, contained in the 
Bureau's regulations on inmate discipline (see 28 CFR 541.13), remained 
unchanged.
    The Bureau received eight comments on the proposed rule. All of the 
comments were opposed to the change. Three of the commenters argued 
that the inmate should not be forced to attend a program review when 
the inmate did not wish to do so. These commenters stated that the 
inmate could be more productively occupied in an educational program or 
in a work assignment. Another commenter questioned the value of program 
reviews citing two examples of perfunctory program reviews. Another 
commenter questioned the value of attending program reviews when the 
inmate would remain ineligible for camp placement because of the 
characterization of the inmate's instant offense as violent.
    The Bureau is committed to ensuring that all inmates will have the 
opportunity to communicate directly with staff who make classification 
decisions. While specific educational programs and work assignments all 
may have obvious productive benefits, it is shortsighted to argue that 
the immediate benefit outweighs the benefits that can accrue from 
attending the program review and interacting with institution staff 
responsible for assessing the inmate's performance in various areas. 
The Bureau notes that institution transfers are not the only topics to 
be considered at program reviews. As to specific complaints about the 
operation of any particular program review, these complaints can be 
addressed under the Bureau's Administrative Remedy Program (see 28 CFR 
part 542).
    Another commenter objected in general to rulemaking and requested a 
copy of all Bureau of Prisons and Department of Justice rules. The 
general public has access to such rules in the Code of Federal 
Regulations which can be purchased from Government Printing Office 
bookstores or found in public or college libraries. Regulations for the 
Bureau and for the Department are available in inmate law libraries in 
Bureau institutions.
    Another commenter objected to eliminating totally the inmate's 
option not to attend program reviews. This commenter recommended 
instead that inmates be expected to attend program reviews within 18 
months of their projected release date, and that inmates with 
Immigration and Naturalization (INS) deportation orders could continue 
to waive program reviews regardless of the projected release date. This 
commenter argued that forcing inmates who have INS detainers or distant 
release dates would cause disruption among the inmate population. In 
response, the Bureau notes that many other issues or concerns in 
addition to INS status are discussed at a program review. As noted 
above, the Bureau is committed to ensuring that inmates have the 
opportunity to communicate directly with staff making classification 
decisions in these matters.
    Another commenter objected to the regulatory flexibility 
determination that the proposed rule did not have a significant impact 
on a substantial number of small entities. This commenter stated that 
all rules affect the taxpayer. The Regulatory Flexibility Act is 
intended to address the economic impact of regulations. As defined in 
the Regulatory Flexibility Act, the term ``small entity'' has the same 
meaning as ``small business,'' ``small organization,'' or ``small 
governmental jurisdiction''. As noted in the proposed rule and also in 
this final rule, the rule does not have a significant impact.
    In accordance with the reasons cited above, the Bureau is 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.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact upon a substantial number of small 
entities for the following reasons: 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, and its 
economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were

[[Page 9429]]

deemed necessary under the provisions of the Unfunded Mandates Reform 
Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Roy Nanovic, Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First St., 
Washington, DC 20534; telephone (202) 514-6655.

List of Subjects in 28 CFR Part 524

    Prisoners.
Kathleen Hawk Sawyer
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 is 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 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4046, 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; 28 CFR 0.95-0.99.

    2. In Sec. 524.12, paragraph (c) is revised to read as follows:


Sec. 524.12  Initial classification and program reviews.

* * * * *
    (c) Staff shall notify an inmate at least 48 hours prior to that 
inmate's scheduled appearance before the classification team (whether 
for the initial classification or subsequent program review). An inmate 
may waive in writing the 48-hour notice requirement. The inmate is 
expected to attend the initial classification and all subsequent 
program reviews. If the inmate refuses to appear at a scheduled 
meeting, staff shall document on the Program Review Report the inmate's 
refusal and, if known, the reasons for refusal. A copy of this report 
is to be forwarded to the inmate. The inmate is responsible for 
becoming aware of, and will be held accountable for, the classification 
team's actions.
* * * * *
[FR Doc. 99-4732 Filed 2-24-99; 8:45 am]
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