[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 20126-20127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10207]



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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Parts 506 and 540



Inmate Commissary Account Deposit Procedures; Proposed Rule

  Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / 
Proposed Rules  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 506 and 540

[BOP-1091-P]
RIN 1120-AA86


Inmate Commissary Account Deposit Procedures

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 how an inmate may receive funds from family, 
friends, and other sources. Under current regulation, funds intended 
for any inmate's use are included in correspondence sent to the inmate 
or left with staff as part of visiting. Staff at the institution 
arrange for the deposit of these funds into the inmate's account. Under 
the proposed regulations, funds from family, friends, or other sources 
will no longer be sent to the inmate but will instead be sent directly 
to a centralized inmate commissary account in the form of a money order 
for receipt and posting. Any funds sent by family or friends to the 
inmate's location will not be accepted and will be rejected and 
returned to the sender provided there is an adequate return address. 
This amendment is intended to provide for the more efficient processing 
of inmate funds.

DATES: Comments due by June 22, 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 add 
new regulations (28 CFR part 506) pertaining to inmate deposits and to 
make conforming amendments to its regulation on inmate correspondence 
(28 CFR 540.23). The current provisions in Sec. 540.23 were published 
in the Federal Register on October 1, 1985 (50 FR 40109).
    Current provisions on general correspondence allow an inmate, upon 
completing the appropriate form, to receive funds through the mail from 
family or friends or, upon approval of the Warden, from other persons 
for crediting to the inmate's trust fund account. Current provisions on 
visiting provide that the Warden may allow a visitor to leave money 
with a designated staff member for deposit in the inmate's commissary 
account. Institution staff are responsible for processing these funds. 
The Bureau is proposing that all inmate funds from family and friends 
be sent directly to a centralized inmate commissary account. The 
deposit must be in the form of a money order and the envelope must not 
contain any enclosures intended for delivery to the inmate as any 
enclosure is subject to disposal. Personal checks are not acceptable, 
but will be returned provided the check has adequate return address 
information. Funds received from other sources such as tax refunds, 
dividends from stocks, or state benefits will be forwarded for deposit 
to the centralized inmate commissary account.
    The Bureau currently manages its inmate accounting functions in a 
completely de-centralized fashion. Each institution operates separately 
and distinctly from one another, although each is performing virtually 
identical functions. For example, posting mail room collections to 
inmate accounts, making daily trips to the bank to deposit collections, 
establishing inmate accounts each time an inmate arrives at their 
current location, and transferring funds between institutions. The 
Bureau believes that having a centralized inmate commissary account 
will benefit the inmate by allowing them immediate access to their 
funds. Also, the centralized inmate commissary account will eliminate 
redundant work efforts, allow institutions complete access to detailed 
inmate account history, remove personal liability from institution 
staff related to handling of inmate funds, and enhance Bureau security 
by allowing centralized reporting and comparisons of sources of 
incoming funds and destination of outgoing funds across all 
institutions. The tremendous growth of the number of Bureau facilities 
coupled with new computer networking technology have made the current 
method of managing inmate funds outdated, inefficient, and costly.
    The Bureau will test deposit procedures under a centralized inmate 
commissary account at a limited number of institutions. The inmates at 
the institutions selected for the test project will be notified 
individually of the procedures to follow and will be provided 
assistance in notifying family and friends of these same procedures. 
Information gathered from the test project will be used in conjunction 
with comments received from the public in evaluating any final rule.
    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.

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Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 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, 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 Parts 506 and 540

    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(o), a new part 506 is proposed to be 
added to 28 CFR, chapter V, subchapter A, and part 540 in 28 CFR, 
chapter V, subchapter C is proposed to be amended as set forth below.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

    1. Part 506 is added to read as follows:

PART 506--INMATE COMMISSARY ACCOUNT

Sec.
506.1  Background.
506.2  Deposit procedures.

    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; 31 
U.S.C. 1321; 28 CFR 0.95-0.99.


Sec. 506.1  Background.

    The Bureau operates individual inmate commissary accounts to 
maintain inmates' monies while they are incarcerated. Deposits to the 
account may be made by family or friends, and for funds received from 
other sources.


Sec. 506.2  Deposit procedures.

    (a) Funds deposited by family and friends. Deposits by family and 
friends must be mailed to the centralized inmate commissary account at 
the address provided by the Bureau and must be in the form of a money 
order.
    (1) The deposit envelope must not contain any enclosures intended 
for delivery to the inmate. Any enclosure is subject to disposal.
    (2) The deposit must be in the form of a money order made out to 
the inmate's full name and complete register number. Checks are to be 
returned to the sender provided the check contains an adequate return 
address.
    (b) Funds received from other sources. Funds received from other 
sources in correspondence addressed to the inmate (for example, tax 
refunds, royalties from books, dividends from stocks, state benefits) 
are to be forwarded for deposit to the centralized inmate commissary 
account.

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; 28 CFR 0.95-0.99.

    2. Section 540.23, is revised to read as follows:


Sec. 540.23  Inmate funds received through the mails.

    Except as provided for in part 506 of this chapter, funds enclosed 
in inmate correspondence are to be rejected. Deposits intended for the 
inmate's commissary account must be mailed directly to the centralized 
commissary account (see 28 CFR part 506).
    3. In Sec. 540.51 paragraph (g)(3) is revised to read as follows:


Sec. 540.51  Procedures.

* * * * *
    (g) * * *
    (3) The visiting room officer may not accept articles or gifts of 
any kind for an inmate, except packages which have had prior approval 
by the Warden or a designated staff member.
* * * * *
[FR Doc. 99-10207 Filed 4-22-99; 8:45 am]
BILLING CODE 4410-05-P