[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36750-36755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17214]



[[Page 36749]]

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 553



Inmate Personal Property; Final Rule

  Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules 
and Regulations  

[[Page 36750]]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 553

[BOP-1051-F]
RIN 1120-AA46


Inmate Personal Property

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its 
regulations on inmate personal property to allow for the 
standardization of authorized personal property lists at Bureau 
institutions and to facilitate procedures for the transportation of 
personal property due to inmate transfer or release. In addition, this 
document clarifies the status of personal property items previously 
authorized which are subsequently determined to pose a threat to the 
security, good order, or discipline of the institution. This amendment 
is intended to provide for the more efficient and secure operation of 
the institution.

EFFECTIVE DATE: August 6, 1999.

ADDRESSES: 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 amending its 
regulations on inmate personal property (28 CFR part 553, subpart B). A 
proposed rule on this subject was published in the Federal Register on 
April 1, 1996 (61 FR 14440).

Background of Inmate Personal Property

    Current regulations governing inmate personal property specify 
that, consistent with the mission of the institution, each Warden shall 
identify in writing that personal property which may be retained by an 
inmate (see 28 CFR 553.10). Because of variations among institution 
lists, when inmates transfer between institutions not all property 
authorized at the sending institution may be considered authorized at 
the receiving institution. Any unauthorized property is mailed at 
government expense to another party of the inmate's choice.

Purpose of the Amended Regulations

    In order to alleviate this problem, the Bureau is implementing a 
standardized list of property which would be authorized for retention 
at all institutions. The Warden retains the discretion to authorize 
additional items for retention at his or her institution. Typically, 
these additional items will be government-issued or perishable. 
Consequently, Sec. 553.10 is being amended to refer to the standardized 
list and to additions authorized by the Warden. Under this new 
procedure, less personal property being transferred between 
institutions will be subject to rejection by the receiving institution. 
Property authorized for retention by the Warden in addition to the 
standardized list will be identified as such. Under the revised 
regulations, the inmate would be responsible for the cost of remailing 
items not authorized by the receiving institution.
    Both the standardized list and the additional items authorized by 
the Warden may include numerical limits on specific types of property 
(for example, two pairs of athletic shoes). Such numerical limits 
reduce the reliance in the previous regulations on the amount of 
storage as a determining factor in the retention of personal property 
(former Sec. 553.11(a)(1) had stated ``Staff may allow an inmate to 
retain that authorized property which the inmate may neatly and safely 
store in the designated area''). Revised Sec. 553.11 now includes 
reference to possible numerical limitations along with the procedures 
for notifying inmates of such limits.
    The provisions for storage space in new paragraph (b) contain a 
clear statement that authorized personal property is to be stored in 
the designated area. Specific provisions in the former regulations as 
to the requirement to store special purchase items, commissary items, 
correspondence, and reading materials have been removed to reduce 
redundancy. New paragraphs (c) through (h) now focus on limitations 
other than those imposed by space constraints. With respect to 
clothing, new paragraph (c) provides that civilian clothing (i.e., 
clothing not issued to the inmate by the Bureau or purchased by the 
inmate from the commissary) ordinarily is not authorized for retention 
by the inmate. This is in keeping with the standardized list of 
personal property. The regulations formerly allowed for some variation 
(former Sec. 553.11(b), ``Staff may allow an inmate to retain that 
clothing, whether civilian (at institutions where authorized) or 
institution * * *''). Under new paragraph (c), such civilian clothing 
possessed by current inmates could be retained no later than the 
effective date of the revised regulation. As proposed, paragraph (c) 
identified November 1, 1997 as the planned implementation date. In this 
final rule, the implementation date has been adjusted to allow for a 
thirty day delay following publication in the Federal Register. New 
paragraphs (d) and (e) are unchanged and are being republished here for 
ease of review. New paragraph (f) is merely being redesignated from 
former paragraph (g) and is also being republished for ease of review.
    Section 553.14 has been revised to address more completely 
procedures for the shipment or disposal of property due to inmate 
transfer and release. The revised procedures allow for more flexibility 
in shipping property. Because of the use of a standardized list, the 
Bureau expects that there would be substantially reduced need for 
remailing any property which is not authorized by the receiving 
institution.

Response to Public Comments

    Comments on the proposed rule were received from inmates, members 
of the general public, and other interested parties. The majority of 
inmate comments consisted of form letters from inmates at various 
institutions. A summary of the comments and the Bureau's response 
follow.

1. Appropriateness and Adequacy of Bureau Issue Clothing

    Several inmates expressed concern that the new rule would deny them 
access to clothing appropriate for particular climates and 
environments. In particular, several inmates at one institution 
complained that the coats they are issued are not warm enough for the 
cold temperatures during winter months. One inmate preferred a 
particular type of coat which he had at a former institution. The 
Bureau notes that the Warden of each institution is responsible for 
determining the type of coat which will be issued at the Warden's 
institution. While this determination naturally is based upon factors 
such as average temperatures at the institution, security or budgetary 
constraints may make it not practicable to please everyone's 
preference. In those instances, however, where the inmate is 
unsatisfied by the selection at the institution the inmate may use the 
Administrative Remedy Program to seek appropriate accommodation. 
Monitoring inmate requests submitted under the Administrative Remedy 
Program further provides the Bureau with information which can be used 
to evaluate whether general adjustments in such determinations are 
necessary.

[[Page 36751]]

    One commenter suggested that the amount of issued undergarments was 
not appropriate for inmates, and that personal undergarments should be 
allowed to supplement the provided totals. In consideration of this 
concern, the Bureau will amend the issued property list to include ten 
(10) pairs of undergarments (bras and panties) for female inmates, and 
ten (10) pairs of underwear (boxers or briefs) for male inmates.
    Several female inmates requested that personal sleepwear be allowed 
because the issued sleepwear is not appropriate for larger-sized women. 
The Bureau responds that institution commissaries are able to special 
order particular sizes of clothing for inmates with special needs. 
Several female inmates commented that the material of the sleepwear 
provided was too sheer and almost see-through. The Bureau responds that 
institution commissaries may order different nightshirts if the 
material is deemed to be too sheer. Inmates unsatisfied with either the 
size or material may use the Administrative Remedy Program to seek a 
further solution, as noted above. As a further adjustment, however, the 
Bureau has chosen to include a bathrobe as part of an inmate's 
government-issued property.
    One commenter noted that the proposed rule only allowed for white 
clothing, which might be inappropriate for inmates, especially female 
inmates, with dark pigmentation. In response, Bureau commissaries will 
now be authorized to issue undergarments, t-shirts and sweat suits in 
neutral tones (i.e., tan).
    Several female inmates commented that the list of personal property 
seems to favor male inmates more than female inmates. The Bureau 
responds that this is not the intention of the personal property rule. 
The Bureau has completed a review of the government issue list with 
consideration of gender differences and has amended the list as 
appropriate (for example, with respect to undergarments and hats).

2. Behavior, Education and Recreation of Inmates

    Several inmates commented that this rule imposes severe personal 
property restrictions on inmates who follow all prison regulations and 
strive to act responsibly. Several inmates commented that personal 
property privileges are incentives for inmates to behave. These 
commenters argue that without the privileges, a major incentive for 
good behavior is removed. One commenter suggested that property 
restrictions be used to punish infractions of prison rules. The Bureau 
notes that restrictions on inmate personal property are necessary for 
the security and orderly running of the institution. The revised 
regulations leave much of the former property list intact. Inmates are 
still allowed to retain several items of personal property which may be 
shipped upon transfer.
    Several commenters suggested that the new rule limits the 
educational opportunities of inmates by restricting the amount of 
allowed books to five. The Bureau responds that inmates still retain 
access to institution libraries and to correspondence courses. The 
limit of five books has been instituted as a practical means of 
ensuring that the amount of the inmate's personal property will not 
exceed storage space available at the institution.
    One commenter noted that the list of personal property items to be 
shipped at the inmate's expense includes most of the recreational and 
hobbycraft items that inmates have been allowed to possess at 
institutions. The commenter stated that he did not understand the 
reason for removing items which occupy the time of inmates and 
contribute to their rehabilitation. The Bureau finds merit in this 
comment and accordingly shall allow approved recreational and 
hobbycraft items to be shipped at the government's expense except to 
the extent that the amount of material exceeds allocated space for the 
shipment.
    One inmate commented that the Bureau and sentencing court 
represented life in a low-security camp as including the privilege of 
wearing personal clothing. Previously, under Sec. 553.11(b) staff may 
allow an inmate to retain civilian clothing at institutions where 
authorized. The determination to allow retention of civilian clothing 
(and presumably the wearing of civilian clothing) was always at the 
discretion of the Bureau and was not an entitlement of the inmate. As 
noted in the proposed rule, the provisions on civilian clothing were 
revised and ordinarily would not be authorized for retention at any 
institution in keeping with the standardized list of property. General 
conditions of incarceration in a low-security camp otherwise serve as 
sufficient motivation for continued positive institutional adjustment 
of qualified inmates.

3. Financial Impact of These Restrictions

    One inmate commented that it made financial sense to let inmate 
families and friends donate needed clothing to offset the Bureau's 
costs, and one inmate commented that allowing personal property would 
not create any additional costs for the Bureau. The Bureau notes, 
however, that allowing such a volume of clothing into institutions 
would put an undue strain on the institution staff who inspect incoming 
packages. The presence of civilian clothing within the institution may 
give rise to the appearance of favoritism based upon an inmate's social 
or economic status. This appearance could serve to encourage disruptive 
behavior and thus compromise the security and good order of the 
institutions.
    Several inmates commented about high commissary prices and how this 
policy would result in the commissary being able to turn a higher 
profit. The Bureau responds that institution commissaries purchase 
reasonably priced clothing and then use a standard markup to reach the 
commissary price. This markup will not change to take advantage of the 
new personal property rule. Fluctuations in price are normally due to 
changes in the unit cost. One possible benefit from the use of a 
standardized personal property list is the cost savings benefit from 
higher volume single source orders. The Bureau further points out that 
any profits generated by the commissary are used to support institution 
programming and programs designed for the inmate's benefit (for 
example, inmate organization or recreational activities).
    One inmate commented that the prices in the commissary are too high 
to be able to afford desired items. The Bureau notes that all required 
clothing and personal care items are provided to inmates through 
government issue. Additional items may be acquired with funds from the 
inmate's commissary account. The Bureau has no control over how many 
external sources of money an inmate has access to while in prison. 
Inmates with few outside sources are given the opportunity to work in 
order to earn commissary funds.
    One inmate commented that the Financial Responsibility Program also 
limits the ability of inmates to purchase commissary items. The Bureau 
responds that inmates who owe financial debts imposed as part of the 
sentence must take care of those obligations. Citizens who are not 
incarcerated must pay their debts before being able to spend money on 
discretionary items, and inmates are not exempt from this 
responsibility.
    Several inmates commented that the new rule will impose higher 
costs on them and their families because now commissary items will have 
to be repurchased each time an inmate transfers institutions. The 
Bureau

[[Page 36752]]

responds that under the new personal property list, Wardens may allow 
some items to be retained. However, the new lists provide notice to 
inmates about what property is allowed, and thus inmates can plan to 
use their commissary money to purchase items that are retainable if 
they will be unable to purchase new items that are non-transferrable.
    One inmate commented that the federal deficit could be offset and 
that other federal budget cuts could be avoided if the Bureau avoided 
spending money on issuing clothing to prisoners by letting inmates 
possess personal clothing. The Bureau responds that the potential 
security risks which would be created by letting all inmates have 
personal clothing outweigh any conjectural budgetary relief such a 
measure might create.

4. Necessity and Philosophy of the Policy

    Several commenters questioned the necessity of this new rule. One 
commenter suggested that other alternatives to serve the Bureau's 
purposes have not been tried yet. Another commenter stated that 
avoiding tort claims and promoting uniformity did not sufficiently 
justify the new property restrictions. The Bureau disagrees. 
Standardization of inmate personal property at all institutions reduces 
the potential for the accumulation of property which would not be 
transferrable to other institutions. This would further reduce costs 
for remailing of items.
    One commenter questioned how the Bureau could justify not 
classifying this rule as a ``significant regulatory action'' since it 
impacts approximately 100,000 people in federal custody. As noted 
below, the Bureau affirms that the rule does not have a significant 
impact upon a substantial number of small entities. Under the Act 
``small entities'' has the same mean as ``small businesses, 
organizations, or small governmental jurisdictions''.
    Several commenters expressed concern that the new rules would 
remove the flexibility Wardens have to run individual institutions. One 
commenter suggested that the rule does not take into consideration the 
differences between security levels. Another inmate stated that the 
rule does not allow for accommodations of institution or individual 
needs. Another commenter worried that the new rule was vague enough to 
allow for too many arbitrary interpretations at the institution level. 
Wardens retain the authority to allow for additional items at their 
institutions. Because these items are identified as being approved for 
local use only, the inmate's choice to purchase the item is an informed 
one in light of the item's disposition consequent to the inmate's 
subsequent transfer from the institution.

5. Premature Implementation of the Policy

    Several inmates complained that the policy has already been 
implemented at some institutions even though it was only a proposed 
rule. The Bureau responds that under the previous regulations the 
Warden had explicit authority to identify personal property limits for 
the institution. In any event, any specific complaints may be addressed 
through the Administrative Remedy Program.

6. Psychological Impact on Inmates

    Several inmates and interested parties expressed concern that the 
new property rule would have a severe adverse psychological impact on 
inmates. Several commenters noted that personal clothing contributes to 
a person's self-esteem, dignity, sense of self-worth, and identity. One 
commenter hypothesized that the denial of personal clothing would be so 
degrading as to actually harden inmates even more against society. As 
noted above, the Bureau believes that the presence of civilian clothing 
within the institution may instead lead to disruptive behavior.
    Several commenters remarked upon recent statutory restrictions on 
the provisioning of certain amenities (weight training equipment and 
premium cable television channels). Several commenters worried that the 
combination of statutory restrictions and the revised personal property 
regulations would cause some inmates to lose interest in life. One 
commenter worried that the combination of all of the restrictions would 
make the maintenance of order in the institution significantly more 
difficult for institution staff. The mandatory statutory restrictions 
alluded to by the commenters are outside the scope of this rulemaking. 
With respect to the standardized list, the Bureau believes that its use 
will improve orderly operation at the institution.

7. Security Issues

    One inmate suggested that inmates should be allowed to share 
clothing without generating an incident report. The ``sharing'' of 
clothing qualifies as a prohibited act because such would constitute 
the possession of property not issued to or authorized for possession 
by the inmate. Determinations pertaining to prohibited acts are 
resolved under the Bureau's inmate discipline regulations (see 28 CFR 
part 541).
    Several inmates commented that removing all personal clothing would 
promote stealing among inmates. The Bureau believes that such is not 
the case.
    One inmate speculated that the purpose of the new property 
restrictions was to alleviate gang participation. The commenter 
suggested that gang members have several ways of keeping track of each 
other, and so the property restrictions are not necessary. As noted 
above, a purpose of the revised regulations is to alleviate 
inefficiencies caused by the transfer of personal property between 
institutions when institutions have different lists of authorized 
property.
    One commenter asked why hooded sweatshirts were prohibited, but 
wool hats were allowed. This question is not particularly relevant to 
the final rule at issue here. However, the Bureau responds that there 
are enough differences between a hooded sweatshirt and a separate hat 
to make them a security risk, particularly the potential for hiding 
small items in the hood.

8. Shipping, Storage and Transfer Issues

    Several commenters expressed concern over the Bureau abandoning all 
shipping costs after the effective date of the revised regulations. For 
purposes of the proposed rulemaking, Sec. 553.14(b) identified November 
1, 1997 as the implementation date of the provision. In this final 
rule, the implementation date in Sec. 553.14(b) has been adjusted to 
allow for a thirty day delay following publication of the final rule in 
the Federal Register.
    One inmate suggested that Bureau allow each inmate a specific 
amount of materials which can be shipped at institution expense. The 
Bureau notes that the assumption by the inmate of shipping costs only 
pertains to excess material not authorized by the receiving 
institution. The Bureau is still responsible for the cost of shipping 
authorized property as identified on the standardized list. One inmate 
worried what would happen to materials whose owners could not afford to 
ship. Section 553.14(c) specifies that such property would be disposed 
of through approved methods, including destruction of the property. 
However, pursuant to Sec. 553.13(b)(2)(iii), the Warden or designee may 
authorize the institution to pay the cost of mailings where the inmate 
has insufficient funds and no likelihood of new funds being received.

[[Page 36753]]

    Several inmates expressed concern over the two box storage limit 
set for inmate property. One inmate stated that inmates serving long or 
life sentences can easily accumulate more than two boxes worth of 
property. Another inmate reported that there is confusion over whether 
issued items can be stored in a locker instead of the boxes. The two 
box storage limit refers to the means of transporting approved non-
government issued items for inmates who are transferring to another 
institution. These boxes therefore are not used in place of lockers at 
the institution. The Bureau has deemed that the dimensions of the boxes 
are sufficient to transport approved non-government issued items which 
have been identified on the standardized list as acceptable at all 
institutions.
    Several inmates express dissatisfaction with the list of items 
which can be transferred. Inmates complained that pajamas, extra 
underwear, visitation clothes, and recreational and hobby craft items 
are not transferable. Several inmates complained that items available 
for purchase in the commissaries are not transferable (e.g. fans). As 
noted above, some of these items would be authorized for shipment at 
the expense of the inmate. In any event, through implementation of a 
standardized property list, inmates would be aware of how commissary 
purchased items would be treated when the inmate transfers to another 
institution.

Clarification of Contraband Items

    In adopting the regulations as final, the Bureau is clarifying the 
status of personal property items previously authorized which are 
subsequently determined to pose a threat to the security, good order, 
or discipline of the institution. The term ``contraband'' is defined in 
28 CFR 500.1(h). For the sake of consistency, the Bureau is revising 
Sec. 553.12 to refer to this definition. Because circumstances 
pertinent to the identification of threats to security, good order, or 
discipline can change, revised Sec. 553.12 also notes that a property 
item can be found to pose a threat to institution security, good order, 
or discipline subsequent to an initial determination that it did not 
pose such a threat. The introductory text of Sec. 553.10 has also been 
amended in conformance by qualifying (``ordinarily'') the description 
of authorized property. The procedures for handling contraband in 
Sec. 553.13(b)(2)(iii) are being revised to allow for the institution 
to bear the cost of mailing such personal property items.
    Members of the public may submit further comments concerning this 
rule by writing to the previously cited address. These comments will be 
considered but will receive no response in the Federal Register.

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 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, 320 First St., 
Washington, DC 20534; telephone (202) 514-6655.

List of Subjects in 28 CFR Part 553

    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), part 553 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 553--INMATE PROPERTY

    1. The authority citation for 28 CFR part 553 is revised 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), 4126, 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. Section 553.10 is amended by revising the first and the last 
sentences to read as follows:


Sec. 553.10  Purpose and scope.

    It is the policy of the Bureau of Prisons that an inmate may 
possess ordinarily only that property which the inmate is authorized to 
retain upon admission to the institution, which is issued while the 
inmate is in custody, which the inmate purchases in the institution 
commissary, or which is approved by staff to be mailed to, or otherwise 
received by an inmate. * * * Consistent with the mission of the 
institution, each Warden shall identify in writing that personal 
property which may be retained by an inmate in addition to that 
personal property which has been approved by the Director for retention 
at all institutions.
    3. Section 553.11 is revised to read as follows:


Sec. 553.11  Limitations on inmate personal property.

    (a) Numerical limitations. Authorized personal property may be 
subject to numerical limitations. The institution's

[[Page 36754]]

Admission and Orientation program shall include notification to the 
inmate of any numerical limitations in effect at the institution and a 
current list of any numerical limitations shall be posted on inmate 
unit bulletin boards.
    (b) Storage space. Staff shall set aside space within each housing 
area for use by an inmate. The designated area shall include a locker 
or other securable area in which the inmate is to store authorized 
personal property. The inmate shall be allowed to purchase an approved 
locking device for personal property storage in regular living units. 
Staff may not allow an inmate to accumulate materials to the point 
where the materials become a fire, sanitation, security, or 
housekeeping hazard.
    (c) Clothing. Civilian clothing (i.e., clothing not issued to the 
inmate by the Bureau or purchased by the inmate from the commissary) 
ordinarily is not authorized for retention by the inmate. Civilian 
clothing which previously had been approved for retention may not be 
retained after August 6, 1999. Prerelease civilian clothing for an 
inmate may be retained by staff in the Receiving and Discharge area 
during the last 30 days of the inmate's confinement.
    (d) Legal materials. Staff may allow an inmate to possess legal 
materials in accordance with the provisions on inmate legal activities 
(see Sec. 543.11 of this chapter).
    (e) Hobbycraft materials. Staff shall limit an inmate's hobby shop 
projects within the cell or living area to those projects which the 
inmate may store in designated personal property containers. Staff may 
make an exception for an item (for example, a painting) where size 
would prohibit placing the item in a locker. This exception is made 
with the understanding that the placement of the item is at the 
inmate's own risk. Staff shall require that hobby shop items be removed 
from the living area when completed, and be disposed of in accordance 
with the provisions of part 544, subpart D, of this chapter.
    (f) Radios and Watches. An inmate may possess only one approved 
radio and one approved watch at a time. The inmate must be able to 
demonstrate proof of ownership. An inmate who purchases a radio or 
watch through a Bureau of Prisons commissary is ordinarily permitted 
the use of that radio or watch at any Bureau institution if the inmate 
is later transferred. If the inmate is not allowed to use the radio or 
watch at the new institution, the inmate shall be permitted to mail, at 
the receiving institution's expense, the radio or watch to a 
destination of the inmate's choice. Where the inmate refuses to provide 
a mailing address, the radio and/or watch may be disposed of through 
approved methods, including destruction of the property.
    (g) Education Program Materials. Education program materials or 
current correspondence courses may be retained even if not stored as 
provided in paragraph (b) of this section.
    (h) Personal Photos. An inmate may possess photographs, subject to 
the limitations of paragraph (b) of this section, so long as they are 
not detrimental to personal safety or security, or to the good order of 
the institution.
    4. Section 553.12 is revised to read as follows:


Sec. 553.12  Contraband.

    (a) Contraband is defined in Sec. 500.1(h) of this chapter. Items 
possessed by an inmate ordinarily are not considered to be contraband 
if the inmate was authorized to retain the item upon admission to the 
institution, the item was issued by authorized staff, purchased by the 
inmate from the commissary, or purchased or received through approved 
channels (to include approved for receipt by an authorized staff member 
or authorized by institution guidelines).
    (b) For the purposes of this subpart, there are two types of 
contraband.
    (1) Staff shall consider as hard contraband any item which poses a 
serious threat to the security of an institution and which ordinarily 
is not approved for possession by an inmate or for admission into the 
institution. Examples of hard contraband include weapons, intoxicants, 
and currency (where prohibited).
    (2) Staff shall consider as nuisance contraband any item other than 
hard contraband, which has never been authorized, or which may be, or 
which previously has been authorized for possession by an inmate, but 
whose possession is prohibited when it presents a threat to security or 
its condition or excessive quantities of it present a health, fire, or 
housekeeping hazard. Examples of nuisance contraband include: personal 
property no longer permitted for admission to the institution or 
permitted for sale in the commissary; altered personal property; 
excessive accumulation of commissary, newspapers, letters, or magazines 
which cannot be stored neatly and safely in the designated area; food 
items which are spoiled or retained beyond the point of safe 
consumption; government-issued items which have been altered, or other 
items made from government property without staff authorization.
    5. In Sec. 553.13, paragraph (b)(2)(iii) is amended by revising the 
second and third sentences to read as follows:


Sec. 553.13  Procedures for handling contraband.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * * The Warden or designee may authorize the institution to 
pay the cost of such mailings when the item had not been altered and 
originally had been permitted for admission to the institution or had 
been purchased from the commissary, or where the inmate has 
insufficient funds and no likelihood of new funds being received. Where 
the inmate has established ownership of a contraband item, but is 
unwilling, although financially able to pay postage as required, or 
refuses to provide a mailing address for return of the property, the 
property is to be disposed of through approved methods, including 
destruction of the property.
* * * * *
    6. Section 553.14 is revised to read as follows:


Sec. 553.14  Inmate transfer between institutions and inmate release.

    (a) Except as provided for in paragraphs (a)(1) through (3) of this 
section, authorized personal property shall be shipped by staff to the 
receiving institution.
    (1) The Warden ordinarily shall allow an inmate transferring to 
another institution to transport personal items determined necessary or 
appropriate by staff and, if applicable, legal materials for active 
court cases.
    (2) The Warden may require or allow an inmate who is transferring 
to another institution under furlough conditions to transport all the 
inmate's authorized personal property with him or her.
    (3) An inmate who is being released or who is transferring to a 
Community Corrections Center may arrange to ship personal property at 
the inmate's expense. The inmate is responsible for transporting any 
personal property not so shipped.
    (b) If the inmate's personal property is not authorized for 
retention by the receiving institution, staff at the receiving 
institution shall arrange for the inmate's excess personal property to 
be mailed to a non-Bureau destination of the inmate's choice. The 
inmate shall bear the expense for this mailing.
    (c) Whenever the inmate refuses to provide a mailing address for 
return of the property or, when required, refuses to bear the expense 
of mailing the property, the property is to be disposed

[[Page 36755]]

of through approved methods, including destruction of the property.

[FR Doc. 99-17214 Filed 7-6-99; 8:45 am]
BILLING CODE 4410-05-P