[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Proposed Rules]
[Pages 66814-66815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21967]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1131-P]
RIN 1120-AB32


Classification and Program Review

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
revise its regulations on classification and program review to remove 
unnecessary regulations and to ensure that classification and program 
review procedures adequately address inmate needs.

DATES: Comments due by January 3, 2006.

ADDRESSES: Our e-mail address is [email protected]. Comments should be 
submitted to the Rules Unit, Office of General Counsel, Bureau of 
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an 
electronic version of this rule at http://www.regulations.gov. You may 
also comment via the Internet to BOP at [email protected] or by using 
the http://www.regulations.gov comment form for this regulation. When 
submitting comments electronically you must include the BOP Docket No. 
in the subject box.

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

SUPPLEMENTARY INFORMATION: In this document, we revise and streamline 
the regulations which set forth the classification and program review 
rules, which currently describe procedure, practice, and general 
statements of policy, to remove an unnecessary level of operational 
details with regard to the classification and program review process.
    Details removed from the regulations will be addressed in our 
corresponding policy statement on the classification and review 
program. We do not, by this rule, intend to make any substantive 
changes to the current rules or to the classification and program 
review system. We merely intend to clarify and streamline the existing 
rules.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director, Bureau of Prisons has 
determined that this rule is not a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), and accordingly this rule 
has not been 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. 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

[[Page 66815]]

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 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 524

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.
    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 524 as set 
forth below.

Subchapter B--Inmate Admission, Classification, and Transfer

PART 524--CLASSIFICATION OF INMATES

    1. Revise the authority citation for 28 CFR part 524 to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4046, 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; 21 U.S.C. 
848; 28 U.S.C. 509, 510.

    2. Revise subpart B to read as follows:

Subpart B--Classification and Program Review of Inmates

Sec.
524.10 Purpose.
524.11 Process for classification and program reviews.

Subpart B--Classification and Program Review


Sec.  524.10  Purpose.

    The purpose of this subpart is to explain the Bureau of Prisons 
(Bureau) process for classifying newly committed inmates and conducting 
program reviews for all inmates except:
    (a) Pretrial inmates, covered in Sec.  551.107 of this chapter; and
    (b) Inmates committed for study and observation.


Sec.  524.11  Process for classification and program reviews.

    (a) When:
    (1) Newly committed inmates will be classified within 28 calendar 
days of arrival at the institution designated for service of sentence.
    (2) Inmates will receive a program review at least once every 180 
calendar days. When an inmate is within twelve months of the projected 
release date, staff will conduct a program review at least once every 
90 calendar days.
    (b) Inmate appearance before classification team:
    (1) Inmates will be notified at least 48 hours before that inmate's 
scheduled appearance before the classification team (whether for the 
initial classification or later program reviews).
    (2) Inmates may submit a written waiver of the 48-hour notice 
requirement.
    (3) The inmate is expected to attend the initial classification and 
all later program reviews. If the inmate refuses to appear at a 
scheduled meeting, staff must document on the Program Review Report the 
inmate's refusal and, if known, the reasons for refusal, and give a 
copy of this report to the inmate.
    (c) Program Review Report: Staff must complete a Program Review 
Report at the inmate's initial classification. This report ordinarily 
includes information on the inmate's apparent needs and offers a 
correctional program designed to meet those needs. The Unit Manager and 
the inmate must sign the Program Review Report, and a copy must be 
given to the inmate.
    (d) Work Programs: Each sentenced inmate who is physically and 
mentally able is assigned to a work program at initial classification. 
The inmate may choose not to participate in the offered program unless 
the program is a work assignment or required by Bureau policy, court 
order, or statute.

[FR Doc. 05-21967 Filed 11-2-05; 8:45 am]
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