[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72798-72799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33484]
[[Page 72797]]
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Part VI
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 545
Inmate Financial Responsibility Program: Spending Limitations; Final
Rule
Federal Register / Vol. 64, No. 248 / Tuesday, December 28, 1999 /
Rules and Regulations
[[Page 72798]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 545
[BOP-1050-F]
RIN 1120-AA49
Inmate Financial Responsibility Program: Spending Limitations
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) is amending
its regulations on the inmate financial responsibility program (IFRP)
to impose a spending limitation of at least $25 per month upon the
commissary purchases of IFRP refusees, excluding the purchase of
stamps, telephone credits, and, if purchased by a common fare
participant, Kosher/Halal certified shelf-stable entrees. Additional
changes to the regulations are also being made for the sake of clarity,
editorial consistency, and for administrative efficiency. These actions
are intended to encourage inmates to participate in the IFRP.
EFFECTIVE DATE: January 27, 2000.
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, telephone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is amending
its regulations on the inmate financial responsibility program (IFRP)
(28 CFR part 545, subpart B). A proposed rule on this subject was
published in the Federal Register on January 2, 1996 (61 FR 92).
In accordance with provisions of the Settlement Agreement in
Washington v. Reno, section III A, the Bureau proposed a rule requiring
only debit telephone calling privileges for inmates who refuse to
participate in the IFRP, and to limit such debit calling privileges to
60 minutes of debit calls per month. This proposed limitation would not
take effect until installation of the Bureau's new nation-wide inmate
telephone system, per terms of the settlement in Washington v. Reno.
Because that telephone system has not been installed, the Bureau cannot
finalize that rule at this time.
The Bureau also proposed to amend 28 CFR 545.11(d)(6) with respect
to the monthly commissary spending limitation imposed upon inmates who
refuse to participate in the IFRP. This provision previously prohibited
inmates who refuse to participate in IFRP from purchasing any items in
excess of the monthly spending limitation for all inmates, including
special purchase items like sports equipment, hobby crafts, etc. The
Bureau had proposed to revise this provision to impose upon IFRP
refusees a more stringent monthly spending limitation than that imposed
upon all inmates. Pursuant to the terms of the settlement in Washington
v. Reno, the proposed rule specified that the monthly spending
limitation upon IFRP refusees shall be at least $25 per month and
excludes purchases of stamps and telephone credits. No comment was
received on this aspect of the proposed rule. The Bureau is adopting
this same proposed provision as final, except that the Bureau has
expanded the list of items excluded from the more stringent spending
limitation to include purchases by a common fare participant of Kosher/
Halal certified shelf-stable entrees. As a further clarification, the
final rule states that purchases of stamps, phone credits, and shelf-
stable Kosher/Halal items remain subject to the limitations set forth
in Bureau regulations and policies for these items.
The Bureau is making additional changes to Sec. 545.11 for the sake
of clarity, editorial consistency, and for administrative efficiency.
In the introductory text of paragraph (b), the provisions describing
the financial plan calculation have been revised for the sake of
clarity. In paragraph (b)(2), the designated official for approving
allotments less the 50% minimum is now the Unit Manager rather than the
Warden. This delegation is being made for reasons of administrative
efficiency. In (b)(9) the concluding punctuation has been revised for
editorial consistency. Finally, in paragraph (d)(2) the Bureau is
clarifying that IFRP refusees may be eligible for medical furloughs.
Interested persons may submit further comments concerning this rule
by writing to the Rules Unit, Bureau of Prisons, 320 First Street, NW,
HOLC Room 754, Washington, DC 20534. 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, HOLC Room 754, 320 First
Street, NW., Washington, DC 20534.
[[Page 72799]]
List of Subjects in 28 CFR Part 545
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 545 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 545--WORK AND COMPENSATION
1. The authority citation for 28 CFR part 545 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622,
3624, 3663, 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. In Sec. 545.11, the introductory text of paragraph (b) is
amended by removing the third sentence and adding two new sentences in
its place, paragraph (b)(2) is amended by revising the second sentence,
paragraphs (d)(2) and (d)(6) are revised, and paragraph (d)(9) is
amended by removing the period and adding in its place a semi-colon:
Sec. 545.11 Procedures.
* * * * *
(b) Payment. * * * In developing an inmate's financial plan, the
unit team shall first subtract from the trust fund account the inmate's
minimum payment schedule for UNICOR or non-UNICOR work assignments, set
forth in paragraphs (b)(1) and (b)(2) of this section. The unit team
shall then exclude from its assessment $75.00 a month deposited into
the inmate's trust fund account. * * *
* * * * *
(2) * * * Any allotment which is less than the 50% minimum must be
approved by the Unit Manager. * * *
* * * * *
(d) * * *
(2) The inmate will not receive any furlough (other than possibly
an emergency or medical furlough);
* * * * *
(6) The inmate shall be subject to a monthly commissary spending
limitation more stringent than the monthly commissary spending
limitation set for all inmates. This more stringent commissary spending
limitation for IFRP refusees shall be at least $25 per month, excluding
purchases of stamps, telephone credits, and, if the inmate is a common
fare participant, Kosher/Halal certified shelf-stable entrees to the
extent that such purchases are allowable under pertinent Bureau
regulations;
* * * * *
[FR Doc. 99-33484 Filed 12-27-99; 8:45 am]
BILLING CODE 4410-05-P