[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9432-9434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4735]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 541

[BOP-1083-P]
RIN 1120-AA78


Inmate Discipline: Prohibited Acts

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 inmate discipline respecting violations of the 
telephone and smoking policies. The existing prohibited act concerning 
unauthorized use of the telephone is broadly stated and does not 
address an inmate's use of the telephone to further criminal activity. 
The Bureau therefore is establishing a greatest severity category 
prohibited act for use of the telephone to further criminal activity 
and a high severity category for use of the telephone for abuses other 
than criminal activity. Other minor telephone infractions remain 
covered by the existing low severity category prohibited act. The 
intended effect of these revisions is to address the seriousness of 
certain types of telephone abuse and deter criminal activity and 
protect the security and good order of the institution. The existing 
low category prohibited act for violations of the smoking policy is 
elevated to a moderate category prohibited act. The intended effect of 
this revision is to assist the Bureau in achieving its goal of a smoke 
free environment.

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 inmate discipline (28 CFR part 541, subpart B). A 
final rule on this subject was published in the Federal Register on 
January 5, 1988 (53 FR 197), and was amended on October 17, 1988 (53 FR 
40686), September 22, 1989 (54 FR 38987 and 54 FR 39095), July 21, 1993 
(58 FR 39095), September 26, 1997 (62 FR 50788). The Bureau of Prisons 
is also proposing to amend its regulations on smoking. A final rule on 
this subject was published in the Federal Register on July 6, 1994 (59 
FR 34742)
    The existing low severity prohibited act concerning unauthorized 
use of the telephone does not adequately address the more serious 
problem of inmates engaging in or continuing criminal activity through 
abuse of their telephone privileges. The Bureau's goal is to ensure 
that inmates, once incarcerated, do not use telephones to continue 
criminal activity. Therefore, the Bureau is proposing to establish a 
greatest severity prohibited act for use of the telephone to further 
criminal activity, and a high severity prohibited act for use of the 
telephone for abuses other than criminal activity. Examples of what the 
Bureau considers a violation of a high severity prohibited act are 
third-party calls, third-party billing; possession of and/or use of 
another inmate's PIN number, and talking in code. The current low 
severity prohibited act remains for minor

[[Page 9433]]

telephone infractions such as talking beyond the 15-minute time period 
and using the telephone in an unauthorized area.
    The health risks associated with tobacco smoke and passive 
inhalation of second-hand smoke by nonsmokers is well established by 
medical and public health authorities. Currently, smoking is permitted 
in designated outdoor areas and certain indoor designated areas. We are 
elevating the seriousness of violations of the smoking policy to 
emphasize the importance of limiting exposure to tobacco smoke to the 
designated areas.
    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.

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, HOLC Room 754, 320 First 
Street, NW., Washington, DC 20534, 202-514-6655.

List of Subjects in 28 CFR Part 541

    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 541 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    1. The authority citation for 28 CFR part 541 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), 4161-4166 (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.

    2. In Sec. 541.13, Table 3 is amended by adding a new code 197 
prohibited act under the greatest category, adding a new code 297 under 
the high category prohibited act, adding a new code 332 moderate 
category prohibited act, revising code 403 under the low moderate 
category prohibited act, and revising code 406 under the low moderate 
category prohibited act.


Sec. 541.13  Prohibited acts and disciplinary severity scale.

* * * * *

                            Table 3.--Prohibited Acts and Disciplinary Severity Scale
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                  Code                                  Prohibited acts                        Sanctions
----------------------------------------------------------------------------------------------------------------
                                                Greatest Category
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
197.....................................  Use of the telephone to further criminal
                                           activity.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                 High Category
----------------------------------------------------------------------------------------------------------------
 

[[Page 9434]]

 
*                  *                  *                  *                  *                  *
                                                        *
297.....................................  Use of the telephone for abuses other than
                                           criminal activity (e.g., circumventing
                                           telephone monitoring procedures,
                                           possession and/or use of another inmate's
                                           PIN number; third-party calling; third-
                                           party billing; using credit card numbers
                                           to place telephone calls, conference
                                           calling; talking in code).
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                               Moderate Category
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
332.....................................  Smoking where prohibited..................
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                             Low Moderate Category
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
403.....................................  (Not to be used)..........................
 
*                  *                  *                  *                  *                  *
                                                        *
406.....................................  Unauthorized use of mail or telephone
                                           (e.g., exceeding the 15-minute time limit
                                           for telephone calls; using the telephone
                                           in an unauthorized area; placing of an
                                           unauthorized individual on telephone
                                           list) (Restriction, or loss for a
                                           specific period of time, of these
                                           privileges may often be an appropriate
                                           sanction G) (May be categorized and
                                           charged in terms of greater severity,
                                           according to the nature of the
                                           unauthorized use; e.g., the mail is used
                                           for planning, facilitating, committing an
                                           armed assault on the institution's secure
                                           perimeter, would be charged as a Code 101
                                           Assault).
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-4735 Filed 2-24-99; 8:45 am]
BILLING CODE 4410-05-P