[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Proposed Rules]
[Pages 65428-65430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27179]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-1155-P]
RIN 1120-AB55


Classification and Program Review

AGENCY: Bureau of Prisons, Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
revise its regulations on classification and program review to ensure 
that classification and program review procedures adequately address 
inmate needs. This proposed rule also adds a new type of review, the 
``progress review.'' A progress review will be an abbreviated program 
review meant to focus on an inmate's programming activities. This 
shortened version of the more thorough program review will facilitate 
more efficiently-used staff and inmate time, in that it will primarily 
focus on any new or changed aspects of an inmate's initial 
classification and participation in recommended programs. Inmates who 
have 36 months or more until their projected release date will receive 
alternating program and progress reviews at least once every 180 
calendar days, a practice that will allow the Bureau to more 
efficiently utilize staff time and resources. The process will also 
allow staff to devote more time and resources to the reviews of inmates 
who are closer to their release dates, enabling the Bureau to better 
fulfill its mission to prepare inmates for eventual release into 
communities within the United States.

DATES: Comments due by December 20, 2011.

ADDRESSES: Comments should be submitted to the Rules Unit, Office of 
General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, 
DC 20534. 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:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and are made available for public inspection online at 
http://www.regulations.gov. Such information includes personal 
identifying information (such as your name, address, etc.) voluntarily 
submitted by the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the ``For Further Information Contact'' 
paragraph.

Proposed Rule

    In this document, we propose to revise the regulations which set 
forth the classification and program review rules and to add a new 
level of review: progress reviews.

Section 524.10 Purpose

    In this proposed section, we explain that the purpose of this 
subpart is to explain the Bureau's process for classifying newly 
committed inmates, conducting program reviews, and conducting progress 
reviews. We have only revised the introductory paragraph of this 
section, to add the concept of progress reviews (which will be 
explained below). The three types of reviews listed here will be 
conducted for all inmates except: (1) Pretrial inmates, who are covered 
in 28 CFR part 551; and (2) inmates committed for study and 
observation.
    Pretrial inmate reviews are not described in this subpart because 
they are specifically covered in 28 CFR 551.107. According to that 
regulation, pretrial inmates are scheduled for an initial review by the 
unit team within 21 calendar days of the inmate's arrival at the 
institution, and later reviews are conducted at least once every 90 
days.
    Inmates committed for study and observation do not receive the 
reviews described because they do not receive program or work 
assignments while in this status. Such inmates are typically committed 
to the Bureau to determine competency to stand trial or for other 
mental health or medical assessments, and are inappropriate for 
assignment to work or other Bureau programs.

[[Page 65429]]

Section 524.11 Types of Reviews

    We propose adding this new section to provide descriptions of each 
type of review that is covered in this subpart.
    This section explains that the purpose of an initial classification 
is to develop a program plan for the inmate during his/her 
incarceration. The plan will ordinarily include work and programming 
activities to help the inmate develop skills to transition into prison 
life and to ultimately make a successful transition back into the 
community.
    A program review consists of a thorough review of the inmate's 
initial classification and of the inmate's participation in recommended 
programs, and it facilitates recommendation of new programs based on 
skills the inmate has gained during incarceration.
    A progress review, which will be the new type of review added by 
this rule revision, is an abbreviated program review to focus on an 
inmate's programming activities. This shortened version of the more 
thorough program review will facilitate more efficiently-used staff and 
inmate time, in that it will primarily focus on any new or changed 
aspects of an inmate's initial classification and participation in 
recommended programs.

Section 524.12 Process for Reviews

    This proposed section describes the process for all three types of 
reviews. An inmate will be notified at least 48 hours before his/her 
scheduled appearance before the unit team for initial classification, 
program reviews, or progress reviews. An inmate may submit a written 
waiver of the 48-hour notice requirement to the unit team. These 
concepts have not been significantly changed from the current 
regulations.
    This section also reiterates the current regulation provisions in 
Sec.  524.11 to the effect that if the inmate refuses to appear at a 
review, the inmate may be subject to disciplinary action. However, the 
proposed rule also adds a new requirement for staff that is a 
protection of the inmate's interests: Staff must document on the 
appropriate review report the inmate's refusal and, if known, the 
reasons for refusal, and give a copy of this report to the inmate. 
Receiving such a written report of the staff's understanding of the 
inmate's refusal will preserve that information for any subsequent 
disciplinary action that may occur.
    This section also contains a chart which describes when each type 
of review will be conducted. The requirement for an initial 
classification to be conducted, ordinarily within 28 days for inmates 
who are newly committed, has not changed. Also unchanged is the 
requirement for a program review to be conducted at least once every 90 
calendar days when an inmate is within twelve months of the projected 
release date.
    The chart also explains that inmates who have 36 months or more 
until their projected release date will receive alternating program and 
progress reviews at least once every 180 calendar days. This replaces 
the previous requirement that only program reviews be conducted every 
180 calendar days, although inmates who have less than 36 months and 
more than twelve months left until their projected release date will 
continue to receive program reviews every 180 calendar days.
    The proposed rule will thus create a new process whereby inmates 
who are far from their projected release date (36 months or more) will 
receive progress reviews instead of program reviews approximately once 
a year.
    As of January 29, 2011, the Bureau had 177,780 sentenced inmates in 
custody. Of these, 83,039 had 36 months or more left before their 
projected release dates. Therefore, approximately 46.7% of all 
sentenced inmates in Bureau custody require program reviews twice a 
year under the current rule but would only require an annual program 
review and an annual progress review under the proposed new rule. The 
Bureau estimates that progress reviews will take half the amount of 
time that is required for full program reviews, meaning that each 
switch from a program review to a progress review will save 
approximately 15 minutes. Given the approximate number of inmates who 
would receive progress reviews instead of program reviews under the 
proposed rule, the Bureau would save approximately 20,760 hours of 
staff time over the course of a year.
    The inmates affected by the rule change will still continue to 
receive program reviews, but instead of receiving a full program review 
twice a year, they will receive the full program review once a year, as 
well as a progress review six months later. This practice will reduce 
the burden on staff time and increase the efficiency and efficacy of 
the inmate review process. The process will also allow staff to devote 
more time and resources to the reviews of inmates who are closer to 
their release dates, enabling the Bureau to better fulfill its mission 
to prepare inmates for eventual release into communities within the 
United States.
    The rule also states that inmates subject to an order of removal/
deportation/exclusion will receive less frequent program reviews. The 
small class of inmates that are under such an order tend to require 
less directed guidance and evaluation of their participation in BOP 
programs. However, if such inmates require guidance, they may request 
it from institution staff or Unit Team.
    Current Sec.  524.11(c) describes Program Review Reports. We delete 
this language, as the process for program and progress reviews is 
covered in revised Sec. Sec.  524.11 and 524.12.
    Finally, this section makes no substantive change to the language 
of the current regulation indicating that each sentenced inmate who is 
physically and mentally able to maintain a work/program assignment is 
assigned to a program at the time of initial classification. This 
section states that the inmate may choose not to participate, unless 
the program is a work assignment or is required by Bureau policy, by 
court order, or by statute, but that refusal to participate may result 
in disciplinary action.

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 proposed rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this proposed rule has not been reviewed by the Office of Management 
and Budget.

Executive Order 13132

    This proposed 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 EO 13132, we determine 
that this proposed 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 proposed 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

[[Page 65430]]

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

    Classification of inmates.

Thomas R. Kane,
Acting Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C 301 and 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 Types of reviews.
524.12 Process for 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, conducting 
program reviews, and conducting progress reviews. This process applies 
to all inmates except:
    (a) Pretrial inmates, covered in 28 CFR Part 551; and
    (b) Inmates committed for study and observation.


Sec.  524.11  Types of reviews.

    (a) Initial classification. The purpose of an initial 
classification is to develop a program plan for the inmate during his/
her incarceration. The plan will ordinarily include work and 
programming activities to help the inmate develop skills to transition 
into prison life and to ultimately make a successful transition back 
into the community.
    (b) Program reviews. A program review consists of a thorough review 
of the inmate's initial classification and of his/her participation in 
recommended programs, and it facilitates recommendation of new programs 
based on skills or interests the inmate has gained during 
incarceration.
    (c) Progress reviews. A progress review is an abbreviated program 
review that focuses on an inmate's progress with his/her programming 
activities.


Sec.  524.12  Process for reviews.

    (a) Inmate appearance before unit team:
    (1) Notification before review. An inmate will be notified at least 
48 hours before his/her scheduled appearance before the unit team for 
initial classification, program reviews, or progress reviews.
    (2) Waiver of notification. An inmate may submit a written waiver 
of the 48-hour notice requirement to the unit team.
    (3) Refusal to appear. If the inmate refuses to appear at an 
initial classification, a program review, or a progress review, staff 
must document the inmate's refusal and, if known, the reasons for 
refusal, on the appropriate review report and must give a copy of this 
report to the inmate. Failure to attend initial classification and 
program reviews may result in disciplinary action.
    (b) When reviews are conducted:

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         Inmates who . . .                Will receive . . .                         Timeframe
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Are newly committed, following a     an initial classification..  ordinarily within 28 calendar days of arrival
 sentencing or violation of                                        at the institution designated for service of
 supervision.                                                      sentence.
Have 36 months or more left until    an alternating program       at least once every 180 calendar days.
 their projected release date.        review and progress review.
Have less than 36 but more than 12   a program review...........  at least once every 180 calendar days.
 months left until their projected
 release date.
Are within 12 months of their        a program review...........  at least once every 180 calendar days until
 projected release date and subject                                their release.
 to an order of removal/deportation/
 exclusion.
Are within 12 months of their        a program review...........  at least once every 90 calendar days.
 projected release date.
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     (c) Program participation: Each sentenced inmate who is physically 
and mentally able to maintain a work/program assignment will be given a 
work/program assignment at initial classification. The inmate may 
choose not to participate in the program, unless it is a work 
assignment or is required by Bureau policy, by court order, or by 
statute. If the program is a work assignment or is required by Bureau 
policy, by court order, or by statute, then an inmate's refusal to 
participate may result in disciplinary action.

[FR Doc. 2011-27179 Filed 10-20-11; 8:45 am]
BILLING CODE 4410-05-P