[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Rules and Regulations]
[Pages 36007-36008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9829]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1131-F]
RIN 1120-AB32


Classification and Program Review

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) revises 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: This rule is effective July 24, 2006.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: In this document, we revise and streamline 
the regulations regarding inmate classification and program review, 
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. A proposed 
rule on this subject was published on November 3, 2005 (70 FR 66814). 
Because we received no comments on the proposed rule, we now publish 
the final rule without substantive change.
    For clarification, we make one minor change to Sec.  524.11(d). 
Formerly, this paragraph stated that an inmate ``may choose not to 
participate in an offered [work] program unless the program is a work 
assignment or required by Bureau policy, court order, or statute,'' The 
repetition of similar terms, such as ``work program'' and ``work 
assignment'' may have been confusing. We therefore revise this 
paragraph to clarify that an inmate ``must participate in this work 
assignment and any other program required by Bureau policy, court 
order, or statute,'' but that an inmate ``may choose not to participate 
in other voluntary programs.''
    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 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.

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 524 as set forth below.

Subchapter B--Inmate Admission, Classification, and Transfer

PART 524--CLASSIFICATION OF INMATES

0
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.

0
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 of Inmates


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 28 CFR part 551; 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

[[Page 36008]]

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 must participate in this work assignment and any other 
program required by Bureau policy, court order, or statute. The inmate 
may choose not to participate in other voluntary programs.

[FR Doc. E6-9829 Filed 6-22-06; 8:45 am]
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