[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68264-68265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31499]



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Part IV





Department of Justice





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Bureau of Prisons



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28 CFR Part 551



Victim and/or Witness Notification: State Custody Transfers; Final Rule

  Federal Register / Vol. 64, No. 233 / Monday, December 6, 1999 / 
Rules and Regulations  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1085-F]
RIN 1120-AA80


Victim and/or Witness Notification: State Custody Transfers

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document the Bureau of Prisons is amending its 
regulations to provide for notification when an inmate is transferred 
to a State or local detention facility for service of sentence. This 
amendment is intended to provide for the protection of the public in 
accordance with Attorney General guidelines for victim and witness 
assistance.

EFFECTIVE DATE: December 6, 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 amending its 
regulations on Victim and/or Witness Notification (28 CFR part 551, 
subpart M). A final rule on this subject was published in the Federal 
Register on April 30, 1984 (49 FR 18386), and was amended February 21, 
1990 (55 FR 6178), and February 4, 1994 (59 FR 5514).
    Attorney General guidelines for victim and witness assistance 
specify that a responsible official in the Bureau of Prisons shall make 
reasonable and diligent efforts to provide a victim with custodial 
release notification. Such custodial release notification can be 
reasonably made for inmates who are in the custody of the Bureau at a 
Bureau institution. In certain instances (for example, when an inmate 
has a concurrent State sentence) an inmate who has been convicted of a 
Federal offense may serve his or her Federal sentence while in State 
custody at a State facility. In these instances, Bureau staff may not 
have timely notice of changes in the inmate's status relating to 
release as that term is defined in Sec. 551.151(d).
    The Bureau is accordingly revising its statement of purpose and 
scope in Sec. 551.150 to note that notification is made for ``release 
from a Bureau institution'' rather than ``release from prison'' as 
previously specified. The phrase ``release from a Bureau institution'' 
is then defined in Sec. 551.151 in place of the term ``release'' and 
revised to include the phrase ``transfer to a State or local detention 
facility''. Under the revised definition, the Bureau is obligated to 
notify a victim and/or witness of this change in the inmate's status 
because the inmate is no longer in Bureau custody at a Bureau 
institution. Further information on the inmate's status while in State 
custody may be made available through the coordinating official in the 
appropriate United States Attorney's Office or Department of Justice 
investigating field office.
    Because this amendment enhances the ability of the Bureau to assist 
and protect victims and witnesses of crime by providing timely 
notification of release, the Bureau finds good cause for exempting the 
provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring 
notice of proposed rulemaking, the opportunity for public comment, and 
delay in effective date. Members of the public may submit 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 551

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

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 551--MISCELLANEOUS

    1. The authority citation for 28 CFR 551 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 
4005, 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

[[Page 68265]]

U.S.C. 509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; 
Attorney General's May 1, 1995 Guidelines for Victim and Witness 
Assistance.

    2. Section 551.150 is revised to read as follows:


Sec. 551.150  Purpose and scope.

    The Bureau of Prisons provides a requesting victim and/or witness 
of a serious crime with information on the release from a Bureau 
institution of the inmate convicted of that serious crime.
    3. In Sec. 551.151, paragraph (d) is revised to read as follows:


Sec. 551.151  Definitions.

* * * * *
    (d) For purpose of this rule, the phrase release from a Bureau 
institution refers to an inmate's furlough, parole (including 
appearance before the Parole Commission), transfer to a State or local 
detention facility, transfer to a community corrections center, 
mandatory release, expiration of sentence, escape (including 
apprehension), death, and other such release-related information.

[FR Doc. 99-31499 Filed 12-3-99; 8:45 am]
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