[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]]
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Part VIII
Department of Justice
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Bureau of Prisons
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28 CFR Part 540
Visiting Regulations: Prior Relationship; Proposed Rule
Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 / Proposed
Rules
[[Page 27166]]
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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.
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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