[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
[Proposed Rules]
[Pages 27166-27167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12501]



[[Page 27165]]

_______________________________________________________________________

Part VIII





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Part 540



Visiting Regulations: Prior Relationship; Proposed Rule

  Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 / Proposed 
Rules  

[[Page 27166]]


-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1082-P]
RIN 1120-AA77


Visiting Regulations: Prior Relationship

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Bureau of Prisons is proposing to revise 
its visiting regulations to require that regular visiting privileges at 
all institutions ordinarily will be extended to friends and associates 
only when the relationship had been established prior to confinement. 
This requirement is currently applicable at Medium Security Level, High 
Security Level, and Administrative institutions, but not at Low and 
Minimum Security Level institutions. The purpose of this revision is to 
provide for uniformity of visiting procedures for all security levels 
and to maintain the security and good order of the institution while 
continuing to afford inmates with reasonable and equitable access to 
visiting. Because the prior relationship requirement is to apply to 
regular visitors, the Bureau is also clarifying in its regulations the 
distinction between regular and special visitors.

DATES: Comments due by July 19, 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 visiting (28 CFR part 540, subpart D). A final rule 
on this subject was published in the Federal Register on June 30, 1980 
(45 FR 44232), and was amended on July 18, 1986 (51 FR 26127), February 
1, 1991 (56 FR 4159), and July 21, 1993 (58 FR 39095).
    The Bureau of Prisons encourages visiting by family, friends, and 
community groups to maintain the morale of the inmate and to develop 
closer relationships between the inmate and family members or others in 
the community. Currently, Bureau of Prisons regulations provide that 
for Medium Security Level, High Security Level, and Administrative 
institutions, regular visiting privileges are extended to friends and 
associates having an established relationship with the inmate prior to 
confinement. This requirement for a prior established relationship does 
not currently extend to inmates confined in Minimum Security Level and 
Low Security Level institutions.
    As part of a general review of security measures at Bureau 
institutions, the Bureau is proposing to require that the regular 
visiting privilege shall ordinarily be extended to friends and 
associates having a prior established relationship with the inmate at 
all Bureau institutions, including Minimum Security Level and Low 
Security Level institutions.
    Exceptions to the prior relationship rule may continue to be made, 
particularly for inmates without other visitors, provided the proposed 
visitor is reliable and poses no threat to the security or the good 
order of the institutions.
    By restricting visits from people who have no prior established 
relationship with inmates, the Bureau is also ensuring that inmates who 
do have established prior relationships with their visitors will have 
reasonable and equitable access to visiting.
    The requirement for the prior relationship is not intended to 
affect visiting for special purposes. In order to emphasize the 
Bureau's intentions in this regard, the Bureau is amending the 
introductory text governing regular visitors (Sec. 540.44) to include a 
cross reference to the requirements for special visitors. Existing 
provisions in Secs. 540.45 through 540.48 pertaining to business 
visits, consular visits, visits from representatives of the community, 
and special visits have been reorganized and revised in a new 
Sec. 540.45 entitled ``Qualification as special visitor,'' with cross-
references to attorney and media visits in new Secs. 540.46 and 540.47. 
As a consequence of making the distinction between regular visitors and 
special visitors more clear, the Bureau is also amending the section on 
procedures (Sec. 540.51) to note that necessary background 
investigations for special visitors are processed differently from 
background investigations for regular visitors.
    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 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

[[Page 27167]]

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 at the address 
listed above.

List of Subjects in 28 CFR Part 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(p), part 540 in subchapter C of 28 
CFR, chapter V, is proposed to be amended as set forth below.

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, 510; 28 CFR 0.95-0.99.

    2. In Sec. 540.44, the section heading, the introductory text and 
paragraph (c) are revised to read as follows:


Sec. 540.44  Qualification as regular visitor.

    An inmate desiring to have regular visitors must submit a list of 
proposed visitors to the designated staff. See Sec. 540.45 for 
qualification as special visitor. Staff are to compile a visiting list 
for each inmate after suitable investigation in accordance with 
Sec. 540.51(b). The list may include:
* * * * *
    (c) Friends and associates. The visiting privilege ordinarily will 
be extended to friends and associates having an established 
relationship prior to confinement, unless such visits could reasonably 
create a threat to the security and good order of the institution. 
Exceptions to the prior relationship rule may be made, particularly for 
inmates without other visitors, when it is shown that the proposed 
visitor is reliable and poses no threat to the security or good order 
of the institution.
* * * * *
    3. Section 540.45 is revised to read as follows:


Sec. 540.45  Qualification as special visitor.

    Persons in the categories listed in this section may qualify as 
special visitors rather than as regular visitors. Visits by special 
visitors ordinarily are for a specific purpose and ordinarily are not 
of a recurring nature. Except as specified, the conditions of visiting 
for special visitors are the same as for regular visitors.
    (a) Business visitor. Except for pretrial inmates, an inmate is not 
permitted to engage actively in a business or profession. An inmate who 
was engaged in a business or profession prior to commitment is expected 
to assign authority for the operation of such business or profession to 
a person in the community. Pretrial inmates may be allowed special 
visitors for the purpose of protecting the pretrial inmate's business 
interests. In those instances where an inmate has turned over the 
operation of a business or profession to another person, there still 
may be an occasion where a decision must be made which will 
substantially affect the assets or prospects of the business. The 
Warden accordingly may permit a special business visit in such cases. 
The Warden may waive the requirement for the existence of an 
established relationship prior to confinement for visitors approved 
under this paragraph.
    (b) Consular visitors. When it has been determined that an inmate 
is a citizen of a foreign country, the Warden must permit the consular 
representative of that country to visit on matters of legitimate 
business. The Warden may not withhold this privilege even though the 
inmate is in disciplinary status. The requirement for the existence of 
an established relationship prior to confinement does not apply to 
consular visitors.
    (c) Representatives of community groups. The Warden may approve 
visits on a recurring basis to representatives from community groups 
(for example, civic, volunteer, or religious organizations) who are 
acting in their official capacity. These visits may be for the purpose 
of meeting with an individual inmate or with a group of inmates. The 
requirement for the existence of an established relationship prior to 
confinement for visitors does not apply to representatives of community 
groups.
    (d) Clergy, former or prospective employers, sponsors, and parole 
advisors. Visitors in this category ordinarily provide assistance in 
release planning, counseling, and discussion of family problems. The 
requirement for the existence of an established relationship prior to 
confinement for visitors does not apply to visitors in this category.
    4. Section 540.46 is revised to read as follows:


Sec. 540.46  Attorney visits.

    Requirements for attorney visits are governed by the provisions on 
inmate legal activities (see Secs. 543.12 through 543.16 of this 
chapter). Provisions pertinent to attorney visits for pretrial inmates 
are contained in Sec. 551.117 of this chapter.
    5. Section 540.47 is revised to read as follows:


Sec. 540.47  Media visits.

    Requirements for media visits are governed by the provisions on 
contact with news media (see subpart E of this part). A media 
representative who wishes to visit outside his or her official duties, 
however, must qualify as a regular visitor or, if applicable, a special 
visitor.


Sec. 540.48  [Removed and reserved]

    6. Section 540.48 is removed and reserved.
    7. In Sec. 540.51, paragraphs (c) through (g) are redesignated as 
paragraphs (d) through (h), and a new paragraph (c) is added to read as 
follows:


Sec. 540.51  Procedures.

* * * * *
    (c) Verification of special visitor credentials. Staff must verify 
the qualifications of special visitors. Staff may request background 
information and official assignment documentation from the potential 
visitor for this purpose.
* * * * *
[FR Doc. 99-12501 Filed 5-17-99; 8:45 am]
BILLING CODE 4410-05-P