[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9431-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4734]



  Federal Register / Vol. 64, 37 / Thursday, February 25, 1999 / 
Proposed Rules  

[[Page 9431]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 511 and 552

[BOP-1089]
RIN 1120-AA90


Searches of Housing Units, Inmates, and Inmate Work Areas, and 
Persons Other Than Inmates: Electronic Devices

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on searches of persons other than inmates, searches of 
inmates, housing units, and inmate work areas with respect to the use 
of electronic devices. This amendment is intended to provide for the 
continued efficient and secure operation of the institution and to 
prevent the introduction of contraband into Bureau institutions.

DATES: Comments due by April 26, 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 proposing to amend 
its regulations on searches of persons other than inmates (28 CFR part 
511, subpart B) and searches of inmates, housing units, and inmate work 
areas (28 CFR part 552, subpart B). A final rule on searching, 
detaining, or arresting persons other than inmates was published in the 
Federal Register on November 1, 1984 (49 FR 44057), and was amended on 
July 18, 1986 (51 FR 26126), February 1, 1991 (56 FR 4159), February 8, 
1994 (59 FR 5924 and 5925), and March 10, 1998 (63 FR 11818). A final 
rule on searches of housing units, inmates, and inmate work areas was 
published in the Federal Register on November 13, 1980 (45 FR 75134) 
and was amended on October 21, 1983 (48 FR 48970) and May 6, 1991 (56 
FR 21036).
    The Bureau's regulations allow for the use of electronic devices as 
part of its general security measures. While in some instances the 
regulations refer to electronic devices in general, other references 
merely refer to metal detectors. At the time the Bureau's regulations 
were issued, the most commonly used electronic devices by the Bureau 
were metal detectors.
    Metal detectors serve to reduce the potential for introducing 
weapons into the institutions. Due to advances in technology, new types 
of electronic devices are now available which are able to detect other 
types of contraband, such as narcotics or illegal drugs. The Bureau is 
therefore revising its regulations to remove possible confusion 
regarding the use of the various electronic devices.
    More specifically, current procedures for searching visitors state 
that the Warden may require visitors entering the institution to submit 
to a search by electronic means (28 CFR 511.12(b)(1)). However, in the 
definition of reasonable suspicion at 28 CFR 511.11(a), we state that a 
reasonable suspicion may be based on a positive reading of a metal 
detector. We are revising the definition to state that a reasonable 
suspicion may be based on a positive reading of an electronic detection 
device. The reference to electronic means in Sec. 511.12(b)(1) is 
revised to read electronic devices to maintain consistency.
    The regulations on searches of housing units, inmates, and inmate 
work areas note that staff shall employ the least intrusive method of 
search practicable, as indicated by the type of contraband and the 
method of suspected introduction. The procedures governing pat searches 
of inmates (Sec. 552.11(a)) further note that a metal detector search 
may be done under the same circumstances (i.e., on a routine or random 
basis to control contraband). We are revising these provisions to 
clarify the role of electronic devices in general. The existing 
procedures in Sec. 552.11 are being redesignated in order to make room 
for a new paragraph (a) pertaining to electronic devices. Listing 
electronic devices first emphasizes the non-intrusive nature of such 
searches.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
HOLC Room 754, Washington, DC 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 proposed rule may 
be changed in light of the comments received. No oral hearings are 
contemplated.

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 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.

[[Page 9432]]

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, Office of 
General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, 
DC 20534, 202-514-6655.

List of Subjects 28 CFR Parts 511 and 552

    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), parts 511 and 552 in subchapters A 
and C respectively of chapter V, 28 CFR, are proposed to be 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 Sec. 511.11, paragraph (a) is revised to read as follows:


Sec. 511.11  Definitions.

    (a) Reasonable suspicion. As used in this rule, ``reasonable 
suspicion'' exists if the facts and circumstances that are known to the 
Warden warrant rational inferences by a person with correctional 
experience that a person is engaged, or attempting or about to engage, 
in criminal or other prohibited behavior. A reasonable suspicion may be 
based on reliable information, even if that information is 
confidential; on a positive reading of an electronic device; or when 
contraband or an indicia of contraband is found during search of a 
visitor's personal effects.
* * * * *
    3. In Sec. 511.12, paragraph (b)(1) is revised to read as follows:


Sec. 511.12  Procedures for Searching Visitors.

* * * * *
    (b) * * *
    (1) By electronic device (for example, metal detector, or ion 
spectrometry device).
* * * * *

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

    4. The authority citation for 28 CFR part 552 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), 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.

    5. In Sec. 552.11, the section heading is revised, paragraphs (a) 
through (c) are redesignated as paragraphs (b) through (d), a new 
paragraph (a) is added, and newly redesignated (b) is revised to read 
as follows:


Sec. 552.11  Searches of inmates.

    (a) Electronic devices. An inspection of an inmate, using 
electronic devices (for example, metal detector, or ion spectrometry 
device) that does not require the inmate to remove clothing. The 
inspection includes a search of the inmate's clothing and personal 
effects. Staff may conduct an electronic device search of an inmate on 
a routine or random basis to control contraband.
    (b) Pat search. An inspection of an inmate, using the hands, that 
does not require the inmate to remove clothing. The inspection includes 
a search of the inmate's clothing and personal effects. Staff may 
conduct a pat search of an inmate on a routine or random basis to 
control contraband.
* * * * *
[FR Doc. 99-4734 Filed 2-24-99; 8:45 am]
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