[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Rules and Regulations]
[Pages 67091-67093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21968]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 522

[BOP-1113-F]
RIN 1120-AB13


Civil Contempt of Court Commitments: Revision To Accommodate 
Commitments Under the D.C. Code

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its 
rules on Civil Contempt of Court Commitments to include references to 
relevant D.C. Code provisions regarding civil contempt commitments. We 
make this revision to accommodate 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 section 24-101(a) and (b). We also 
revise this rule to clarify existing provisions by using simpler 
organization and language. For further simplification, we remove 
language relating solely to internal agency practices and procedures. 
We do not, however, make any substantive changes to the current rules.

DATES: This rule is effective December 5, 2005.

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: Through this rule, the Bureau revises its 
regulations in 28 CFR part 522, on Civil Contempt of Court Commitments 
(civil contempt commitments). We make 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 section 
24-101 (a) and (b).)
    As a result of absorbing approximately 8,000 D.C. Code offenders, 
we revise our rules on Civil Contempt of Court Commitments to address 
D.C. Code offenders.
    We also revise this rule to clarify existing provisions by using 
simpler organization and language. To clarify section 522.11, which is 
long and unnecessarily complex, we divided it into five separate rules 
with clearer headings. For further simplification, we remove language 
relating solely to internal agency practices and procedures. We do not, 
however, make any substantive changes to the current rules.
    Comments: We published this as a proposed rule on October 6, 2003 
(68 FR 46138). We received one comment in support of this rule. The 
commenter suggested that we ``include references to relevant DC Code 
provisions regarding civil contempt commitments.'' The commenter 
posited that without ``relevant DC Code provisions,'' ``DC Code section 
24-101(a) and (b) cannot be properly implemented.''
    The proposed rules published on October 6, 2003, describe 
procedures for Federal civil contempt commitments. There is no need to 
cite, in rule text, to the particular D.C. Code section regarding civil 
contempt commitments (D.C. Code section 11-944) because this type of 
commitment also arises from a Federal court. Further, contrary to the 
commenter's assertion, the text of the rules effectively implement the 
D.C. Revitalization Act, which gives the Bureau authority over D.C. 
Code offenders in Bureau custody in accordance with the D.C. Code, 
without citing to the specific D.C. Code section that discusses civil 
contempt commitments.

[[Page 67092]]

    We therefore finalize the proposed rules published on October 6, 
2003, with minor changes to the titles/headings of each regulation.

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 of the 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. 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 522

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
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 amend 28 CFR part 522 as follows.

Subchapter B--Inmate Admission, Classification, and Transfer

PART 522--ADMISSION TO INSTITUTION

0
1. Revise the authority citation for 28 CFR part 522 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), 3585, 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; D.C. Code Sec.  24-
101(b).


0
2. Revise Subpart B to read as follows:

Subpart B--Civil Contempt of Court Commitments

Sec.
522.10 Purpose.
522.11 Civil contempt commitments.
522.12 Relationship between existing criminal sentences imposed 
under the U.S. or D.C. Code and new civil contempt commitment 
orders.
522.13 Relationship between existing civil contempt commitment 
orders and new criminal sentences imposed under the U.S. or D.C. 
Code.
522.14 Inmates serving civil contempt commitments.
522.15 No good time credits for inmates serving only civil contempt 
commitments.

Subpart B--Civil Contempt of Court Commitments


Sec.  522.10  Purpose.

    (a) This subpart describes the procedures for federal civil 
contempt of court commitments (civil contempt commitments) referred to 
the Bureau of Prisons (Bureau). These cases are not commitments to the 
custody of the Attorney General for service of terms of imprisonment 
following criminal convictions.
    (b) We cooperate with the federal courts to implement civil 
contempt commitments by making our facilities and resources available. 
When we receive notification from the federal court that the reason for 
the civil contempt commitment has ended or that the inmate is to be 
released for any other reason, we will terminate the inmate's civil 
contempt commitment.


Sec.  522.11  Civil contempt commitments.

    Inmates can come into Bureau custody for civil contempt commitments 
in two ways:
    (a) The U.S. Marshals Service may request a designation from the 
Bureau for a civil contempt commitment if local jails are not suitable 
due to medical, security or other reasons; or
    (b) The committing court may specify a Bureau institution as the 
place of incarceration in its contempt order. We will designate the 
facility specified in the court order unless there is a reason for not 
placing the inmate in that facility.


Sec.  522.12  Relationship between existing criminal sentences imposed 
under the U.S. or D.C. Code and new civil contempt commitment orders.

    If a criminal sentence imposed under the U.S. Code or D.C. Code 
exists when a civil contempt commitment is ordered, we delay or suspend 
credit towards service of the criminal sentence for the duration of the 
civil contempt commitment, unless the committing judge orders 
otherwise.


Sec.  522.13  Relationship between existing civil contempt commitment 
orders and new criminal sentences imposed under the U.S. or D.C. Code.

    (a) Except as stated in (b), if a civil contempt commitment order 
is in effect when a criminal sentence of imprisonment is imposed under 
the U.S. or D.C. Code, the criminal sentence runs consecutively to the 
commitment order, unless the sentencing judge orders otherwise.
    (b) For federal criminal sentences imposed for offenses committed 
before November 1, 1987, under 18 U.S.C. Chapter 227: If a civil 
contempt commitment order is in effect when a criminal sentence of 
imprisonment is imposed, the criminal sentence runs concurrent with the 
commitment order, unless the sentencing judge orders otherwise.


Sec.  522.14  Inmates serving civil contempt commitments.

    We treat inmates serving civil contempt commitments in Bureau 
institutions the same as pretrial inmates. If an inmate is serving a 
civil contempt commitment and a concurrent criminal sentence, we treat 
the inmate the same as a person serving a criminal sentence.

[[Page 67093]]

Sec.  522.15  No good time credits for inmates serving only civil 
contempt commitments.

    While serving only the civil contempt commitment, an inmate is not 
entitled to good time sentence credit.

[FR Doc. 05-21968 Filed 11-3-05; 8:45 am]
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