[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Pages 65170-65172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28852]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1019-F]
RIN 1120-AA25


Postsecondary Education Programs

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Prisons (Bureau) finalizes, without change, a 
proposed rule it published on July 17, 2000, at 65 FR 44400 to exclude 
from postsecondary education programs courses offered as part of an 
occupational education program. Occupational education programs are 
covered in separate Bureau regulations.

DATES: This rule is effective December 19, 2003.

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: In this document, the Bureau amends its 
regulations on postsecondary education programs to exclude courses 
offered as part of an occupational education program, which we cover in 
separate Bureau regulations.
    Under this final rule, the inmate is responsible for paying 
postsecondary education tuition costs either through personal funds, 
community resources, or scholarships available to the inmate. We intend 
this amendment to simplify the organization of the Bureau's regulations 
and to conform with the usual community standards of government-funded 
educational opportunities available to the general public.
    We published this rule change as a proposed rule on July 17, 2000 
(65 FR 44400). We received two comments on the proposed rule.

First Public Comment

    One commenter proposed that we include brief language in our rule 
to allow staff to use the postsecondary education programs as a sign of 
positive adjustment by an inmate, favorably affecting the custody score 
on our Custody Classification Form.
    The Bureau uses the Custody Classification Form to accurately 
evaluate and classify an inmate so that we can give the inmate an 
appropriate security level. The Bureau must properly determine an 
inmate's security level to ensure the safety and security of the inmate 
and the institution.
    The Custody Classification Form that the commenter refers to is 
made up of many factors that staff can use to evaluate the inmate. One 
of these factors is called ``Responsibility Demonstrated.'' To 
illustrate an inmate's level of responsibility, we instruct our staff 
to consider the inmate's general demeanor as reflected in peer group 
associates, degree of program involvement, level of dependability, and 
nature of interaction with staff and other inmates.

[[Page 65171]]

    Although staff determine what behavior illustrates the inmate's 
level of responsibility, postsecondary education programs are not 
excluded. Under current Bureau policy, staff may use postsecondary 
education programs as a sign of positive adjustment by an inmate, as 
the commenter suggests. Because our current policy already allows for 
the commenter's suggestion, and because this is a matter of internal 
agency administration, we do not add further language to this final 
rule on this subject.

Second Public Comment

    The second commenter suggested that we should include language in 
the rule ``restricting refusal of postsecondary courses based solely on 
the information contained within the course (syllabus or informational) 
text.'' The commenter felt that ``refusal should be limited to courses 
that pose a tangible threat, such as contact/handling of chemicals, 
unauthorized objects, or the required construction of unauthorized * * 
* objects. Except in extreme circumstances, a decision to refuse a 
postsecondary course should not be made based solely on the knowledge 
offered by a particular text.''
    Because of the many different security levels and individual 
characteristics of our institutions, we afford our Wardens discretion 
in determining where possible security risks might arise. The Warden 
delegates this responsibility to the postsecondary education 
coordinator, who, under Sec.  544.21(b) of these regulations, 
``determines that the course is appropriate in light of the 
institution's need for discipline, security, and good order.''
    If we do what the commenter suggests by articulating a uniform set 
of factors for Wardens to consider when determining whether or not to 
allow an inmate to take a particular course, we remove the Warden's 
discretion.
    Also, because our institutions are varied and have individual 
characteristics, a uniform set of guidelines would curtail a Warden's 
flexibility in dealing with a particular institution's unique situation 
or security issue.
    In addition, how a Warden makes the decision to allow or deny a 
particular course is an internal, agency administrative matter. For 
these reasons, we do not add further language to this final rule on 
this subject.

Executive Order 12866

    The Director determined that this rule is not a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, and 
therefore it was not reviewed by the Office of Management and Budget.

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.

List of Subjects in 28 CFR Part 544

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
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 28 CFR part 544 as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

0
1. Revise the authority citation for 28 CFR part 544 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.



0
2. Revise Subpart C as follows:
Subpart C--Postsecondary Education Programs for Inmates
Sec.
544.20 Purpose and scope.
544.21 Procedures.

Subpart C--Postsecondary Education Programs for Inmates


Sec.  544.20  Purpose and scope.

    The Bureau of Prisons offers inmates the opportunity under its 
postsecondary education program to participate in postsecondary 
education courses (courses for college credit other than those courses 
which pertain to occupational education programs) which have been 
determined to be appropriate in light of the institution's need for 
discipline, security, and good order. Participation in postsecondary 
education courses which are part of occupational education programs is 
governed by the provisions of the Bureau's occupational education 
program (see subpart F of this part).


Sec.  544.21  Procedures.

    (a) The Warden or designee must appoint a postsecondary education 
coordinator (ordinarily an education staff member) for the institution. 
The postsecondary education coordinator is responsible for coordinating 
the institution's postsecondary education program.
    (b) An inmate who wishes to participate in a postsecondary 
education course must apply through the postsecondary education 
coordinator. If the postsecondary education coordinator determines that 
the course is appropriate in light of the institution's need for 
discipline, security, and good order, the inmate may enroll provided 
that:
    (1) The inmate meets eligibility requirements for the course which 
have been set by the course provider,
    (2) The inmate is responsible for payment of any tuition either 
through personal funds, community resources, or scholarships available 
to the inmate, and

[[Page 65172]]

    (3) The unit team determines that the course is appropriate for the 
inmate's apparent needs.

[FR Doc. 03-28852 Filed 11-18-03; 8:45 am]
BILLING CODE 4410-05-P