[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Rules and Regulations]
[Pages 48385-48387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18625]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 523

[BOP-1106-F]
RIN 1120-AB05


District of Columbia Educational Good Time Credit

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) describes 
procedures for awarding educational good time credit consistent with 
D.C. Code Sec. 24-221.01 (DCEGT). This rule will apply to D.C. Code 
offenders in Bureau institutions or Bureau contract facilities under 
the National Capital Revitalization and Self-Government Improvement Act 
of 1997 (D.C. Revitalization Act), D.C. Code Sec. 24-101(b), who 
committed their offenses before August 5, 2000. Through this rule, we 
will allow inmates sentenced under the D.C. Code to retain benefits 
permitted by the D.C. Code while fulfilling our statutory mandate to 
provide for their custody consistent with the sentence imposed.

DATES: This rule is effective on July 24, 2002. Comments are due by 
September 23, 2002.

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

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION:

What Will This Rule Do?

    Through this rule, the Bureau of Prisons (Bureau) will add a 
subpart D to its regulations in 28 CFR part 523, on Computation of 
Sentence. The new subpart D will establish procedures for awarding 
educational good time credit consistent with D.C. Code Sec. 24-221.01. 
(We refer to educational good time credit consistent with the D.C. Code 
as ``DCEGT.'')
    This rule will apply to D.C. Code offenders who committed their 
offense before August 5, 2000 and are in Bureau institutions or Bureau 
contract facilities under the D.C. Revitalization Act.

Why Are We Making This Rule?

    We are making this rule to comply with the D.C. Revitalization Act, 
enacted August 5, 1997. This Act makes the Bureau responsible for the 
``custody, care, subsistence, education, treatment and training'' of 
``the felony population sentenced pursuant to the District of Columbia 
Code'' (D.C. Code offenders). (D.C. Code Sec. 24-101(b)) D.C. Code 
offenders in Bureau custody are subject to Federal laws and Bureau 
regulations as long as they are ``consistent with the sentence 
imposed.''
    In August of 1997, when the D.C. Revitalization Act was enacted, 
the Bureau began absorbing approximately 8000 D.C. Code offenders. It 
was unclear at that time to what extent, if any, the Bureau would be 
bound by D.C. Code legislation which purported to direct Bureau 
functions.
    As numerous D.C. Code provisions were analyzed for applicability to 
Bureau functions, it was generally concluded that the Bureau would have 
to follow D.C. Code sentence calculation provisions (e.g., good time, 
jail credit, etc.) to the extent non-compliance would result in an ex 
post facto violation of the offender's sentence. The Bureau based this 
approach on the provision in D.C. Revitalization Act requiring the 
Bureau to apply Federal laws to D.C. Code offenders ``consistent with 
the sentence imposed.''
    The Bureau concluded that D.C. Code offenders who committed their 
offenses before August 5, 2000 are entitled to educational good time 
sentence credit. As a result, we developed these rules to give effect 
to the D.C. Code educational good time sentence credit (DCEGT) 
provisions in the Bureau's education and sentence calculation systems.
    Section 24-221.01 of the D.C. Code provides for ``educational good 
time credits of no less than 3 days a month and not more than 5 days a 
month'' when a D.C. Code offender completes an educational program and 
obeys institution rules. This provision applies when a D.C. Code 
offender completes an educational program on or after April 11, 1987, 
when section 24-221.01 was enacted.
    Section 24-403.01(d) of the D.C. Code, enacted April 23, 1998, 
however, requires that D.C. Code offenders who committed their offense 
on or after August 5, 2000, receive good time credit ``only as provided 
in 18 U.S.C. 3624(b).'' This statute in the Federal Criminal Code 
directs the Bureau how to award good time credit to U.S. Code 
offenders. Bureau regulations implementing this provision are in 28 CFR 
523.20.
    D.C. Code offenders who successfully complete an educational 
program on or after April 11, 1987, and who committed their offense 
before August 5, 2000, may receive educational good time credit 
consistent with D.C. Code

[[Page 48386]]

Sec. 24-221.01 (DCEGT). By contrast, D.C. Code offenders who commit 
their offense on or after August 5, 2000, are eligible for good time 
credit only under the Federal law, 18 U.S.C. 3624(b).
    To be ``consistent with the sentence imposed,'' as required by the 
D.C. Revitalization Act (D.C. Code Sec. 24-101(b)), the Bureau 
developed these rules on DCEGT to conform with D.C. law on DCEGT in 
D.C. Code Sec. 24-221.01.

How Do These Rules Work?

    The rules describe eligibility for DCEGT, how we award it, how we 
limit it, and how to appeal our decisions on DCEGT. We will allow 5 
days of DCEGT for each calendar month that a D.C. offender is enrolled 
in a Bureau-designated education program. Eligible D.C. offenders can 
earn DCEGT up to a Bureau-determined maximum amount, which varies for 
different types of educational programs.

Why Is This an Interim Final Rule?

    We are making this an interim final rule for the following reasons:
    As a result of National Capital Revitalization and Self-Government 
Improvement Act of 1997 (D.C. Revitalization Act), D.C. Code Sec. 24-
101(b), passed August 5, 1997, we are responsible for administering the 
sentences of D.C. Code offenders in our custody, including DCEGT 
awards.
    Since the D.C. Revitalization Act's enactment on August 5, 1997, 
D.C. Code offenders in Bureau custody may have completed educational 
programs designated by these rules as eligible for DCEGT.
    If we do not implement this rule as soon as possible, inmates 
eligible for DCEGT risk being considered parole eligible at a later 
date than if the credit were awarded. Also, for D.C. Code offenders 
projected for mandatory release, an award of DCEGT may affect their 
release date.
    Therefore, to insure that D.C. Code offenders in our custody 
receive the benefit of DCEGT, these rules must take effect as soon as 
possible. Having a DCEGT system in place also provides eligible 
offenders incentive to pursue educational programming, which may 
ultimately help them re-adjust to the community.

Where To Send Comments

    You can send written comments on this rule 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 end of the comment period. In light of comments we 
receive, we may change the rule.
    We do not plan to have oral hearings on this rule. All the comments 
we receive remain on file for public inspection at the above address.

Executive Order 12866

    The Office of Management and Budget (OMB) determined that certain 
rules are part of a category of actions which are not ``significant 
regulatory actions'' under section 3(f) of Executive Order 12866. 
Because this rule falls within that category, OMB did not review it.

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. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare 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. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about 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 cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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 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 to Sarah Qureshi at the address or telephone number listed 
above.

List of Subjects in 28 CFR Part 523

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.

    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 
amend part 523 in subchapter B of 28 CFR, chapter V as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 523--COMPUTATION OF SENTENCE

    1. The authority citation for 28 CFR part 523 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (Repealed November 1, 
1987 as to offenses committed on or after that date), 3621, 3622, 
3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct 
occurring on or after November 1, 1987), 4161-4166, (repealed 
October 12, 1984, 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. Add Subpart D, consisting of Secs. 523.30 through 523.34, to 
read as follows:
Subpart D--District of Columbia Educational Good Time Credit
Sec.
523.30   What is educational good time sentence credit?
523.31   Who is eligible for DCEGT?
523.32   How much DCEGT can I earn?
523.33   How is eligibility for DCEGT limited?
523.34   How can I challenge DCEGT award decisions?

Subpart D--District of Columbia Educational Good Time Credit


Sec. 523.30  What is educational good time sentence credit?

    Educational good time sentence credit is authorized by District of 
Columbia (D.C.) Code Sec. 24-221.01, and reduces the amount of time to 
serve under a term of imprisonment. In these rules, we refer to D.C. 
educational good time as ``DCEGT.''

[[Page 48387]]

Sec. 523.31  Who is eligible for DCEGT?

    You are eligible for DCEGT if:
    (a) You are incarcerated in a Bureau of Prisons' (Bureau) 
institution or a Bureau contract facility;
    (b) You are serving a term of imprisonment for a D.C. criminal code 
violation committed before August 5, 2000;
    (c) Your Unit Team approved or designed a plan for you to complete 
a program designated by the Bureau as eligible for DCEGT;
    (d) The Supervisor of Education (SOE) finds that you successfully 
completed a Bureau-designated education program on or after August 5, 
1997; and
    (e) You did not violate prison discipline rules while enrolled in 
the program (see Sec. 523.33).


Sec. 523.32  How much DCEGT can I earn?

    (a) You can earn 5 days DCEGT for each month you were enrolled in a 
designated program, up to the maximum amount designated by the Bureau 
for the type of program successfully completed.
    (b) You are limited to 5 days per month DCEGT, even if enrolled in 
more than one designated program.
    (c) Enrollment in a designated program for any portion of a 
calender month earns one full month's worth of DCEGT.
    (d) You are not eligible for DCEGT which, if awarded, would make 
you past due for release.
    (e) Once appropriately awarded, DCEGT vests, and cannot be 
forfeited.


Sec. 523.33  How is eligibility for DCEGT limited?

    Eligibility for DCEGT is limited in two ways:
    (a) If you violate prison rules, you are not eligible for one 
month's worth of DCEGT for each disciplinary incident committed during 
the program enrollment period. A Discipline Hearing Officer, or other 
staff using procedures similar to those in 28 CFR 541.17, must 
determine that you committed a prohibited act.
    (b) The nature of your offense may limit your eligibility for DCEGT 
under D.C. Code 24-221.01b or 24-221.06.


Sec. 523.34  How can I challenge DCEGT award decisions?

    You can use the Administrative Remedy Program, 28 CFR 542.10 
through 542.19, to challenge Bureau of Prisons decisions regarding 
DCEGT.

[FR Doc. 02-18625 Filed 7-23-02; 8:45 am]
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