[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Proposed Rules]
[Pages 67670-67672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28905]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1107-P]
RIN 1120-AB06


Suicide Prevention Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons proposes to revise its 
regulations on the suicide prevention program for clarity and to remove 
agency management procedures which do not need to be stated in 
regulations. We intend the revised regulations to provide for the 
health and safety of inmates.

DATES: Comments due by January 12, 2001.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) proposes to 
revise its regulations on the suicide prevention program (28 CFR part 
552,

[[Page 67671]]

subpart E). Current regulations on this subject were published in the 
Federal Register on April 24, 1990 (55 FR 17355).

What Change Is the Bureau Making?

    We are revising the regulations generally for clarity and to remove 
procedures relating to agency management. The revised regulations more 
clearly describe for the inmate how we identify and protect inmates at 
risk for suicide.

Why Is the Bureau Making This Change?

    We are making this change to conform to the plain language 
initiative. Procedures relating to agency management are exempt from 
the rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 
553). Removing these procedures from the regulations allows us to speak 
more directly to inmates.
    Revised Sec. 552.40 more precisely states the purpose of our 
suicide prevention program and summarizes how we place inmates in and 
remove them from the program. Former Secs. 552.41 through 552.43 are 
combined in a new Sec. 552.41 which details the specific procedures we 
use to identify, refer, assess, and treat potentially suicidal inmates.
    We combined provisions for the conditions of a suicide watch in 
former Secs. 552.44, 552.46, and 552.48 in the new Sec. 552.42. The 
revised regulations are more objective based. For example, the revised 
regulations require that rooms designated for housing an inmate on 
suicide watch must allow staff to maintain adequate control of the 
inmate without compromising the ability to observe and protect the 
inmate.
    Previously, the regulations relied upon a more prescriptive 
approach of describing the location of the room (``. . . a non-
administrative detention/segregation cell ordinarily in the health 
services area''). This prescriptive approach does not take into account 
recent developments in correctional facility design and construction, 
and has become unnecessarily restrictive.
    Former Secs. 552.45 and 552.49 addressed agency management 
procedures, and former Sec. 552.47 affirms that a previously imposed 
sanction remains in effect for an inmate when that inmate is removed 
from a suicide watch. Because our regulations on inmate discipline 
sufficiently support that statement, we removed these three sections.

Who Does This Change Affect?

    This regulation generally affects inmates in Bureau institutions.

How Can I Comment on the Proposed Change?

    If you want to comment on this proposed rulemaking, you can submit 
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.
    We will consider comments we receive during the comment period 
before we take final action. We will try to consider comments we 
receive after the comment period ends if we can.
    All comments received remain on file for public inspection at the 
above address. We may change the proposed rule in light of the comments 
received. We do not expect to hold oral hearings on this rulemaking.

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 13132

    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, under Executive Order 13132, 
we determine 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, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it 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 section 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 want to make Bureau documents easier to read and understand. If 
you can suggest how to improve the clarity of these regulations, call 
or write Sarah Qureshi at the telephone number or address listed above.

List of Subjects in 28 CFR Part 552

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.
    Accordingly, under the rulemaking authority vested in the Attorney 
General in 5 U.S.C. 552(a) and delegated to the Director, Bureau of 
Prisons, we propose to amend 28 CFR part 552, chapter V, subchapter C, 
as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

    1. The authority citation for 28 CFR part 552 continues 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), 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. Revise subpart E to read as follows:

Subpart E--Suicide Prevention Program

Sec.
552.40   Purpose and scope.
552.41   Program procedures.
552.42   Suicide watch conditions.

Subpart E--Suicide Prevention Program


Sec. 552.40  Purpose and scope.

    The Bureau of Prisons (Bureau) operates a suicide prevention 
program in order to assist staff in identifying and managing 
potentially suicidal inmates.

[[Page 67672]]

When staff identify an inmate as being at risk for suicide, staff will 
place the inmate on suicide watch. Based upon clinical findings, staff 
will either terminate the suicide watch when the inmate is no longer at 
imminent risk for suicide or arrange for the inmate's transfer to a 
medical referral center or contract health care facility.


Sec. 552.41  Program procedures.

    (a) Program Coordinator. Each institution must have a Program 
Coordinator for the institution's suicide prevention program.
    (b) Training. The Program Coordinator is responsible for ensuring 
that appropriate training is available to staff and to inmates selected 
as inmate observers.
    (c) Identification of at-risk inmates. (1) Medical staff are to 
screen a newly admitted inmate for signs that the inmate is at risk for 
suicide. Ordinarily, this screening is to take place within twenty-four 
hours of the inmate's admission to the institution.
    (2) Staff (whether medical or non-medical) may make an 
identification at any time based upon the inmate's observed behavior.
    (d) Referral. Staff who identify an inmate to be at risk for 
suicide will have the inmate placed on suicide watch.
    (e) Assessment. A psychologist will clinically assess each inmate 
placed on suicide watch.
    (f) Intervention. Upon completion of the clinical assessment, the 
Program Coordinator or designee will determine the appropriate 
intervention that best meets the needs of the inmate.


Sec. 552.42  Suicide watch conditions.

    (a) Housing. Each institution must have one or more rooms 
designated specifically for housing an inmate on suicide watch. The 
designated room must allow staff to maintain adequate control of the 
inmate without compromising the ability to observe and protect the 
inmate.
    (b) Observation. (1) Staff or trained inmate observers operating in 
scheduled shifts are responsible for keeping the inmate under constant 
observation.
    (2) Only the Warden may authorize the use of inmate observers.
    (3) Inmate observers are considered to be on an institution work 
assignment when they are on their scheduled shift.
    (c) Suicide watch log. Observers are to document significant 
observed behavior in a log book.
    (d) Termination. Based upon clinical findings, the Program 
Coordinator or designee will:
    (1) Remove the inmate from suicide watch when the inmate is no 
longer at imminent risk for suicide, or
    (2) Arrange for the inmate's transfer to a medical referral center 
or contract health care facility.

[FR Doc. 00-28905 Filed 11-9-00; 8:45 am]
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