[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13478-13479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04589]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1166-I]
RIN 1120-AB66


Compassionate Release; Technical Changes

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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SUMMARY: In this interim rule, the Bureau of Prisons (Bureau) makes a 
minor change to remove an administrative level of review from the 
processing of a Compassionate Release request packet.

DATES: This rule is effective April 1, 2013.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 353-8248.

SUPPLEMENTARY INFORMATION: In this interim rule, the Bureau of Prisons 
(Bureau) makes a minor change to remove an administrative level of 
review from the processing of a Compassionate Release request packet. 
Previously, under Sec.  571.62, when a request for compassionate 
release was made, the request was first reviewed by the Warden of the 
facility where the inmate making the request is located. If the Warden, 
after reviewing the request, determines that the request warrants 
approval, the Warden needed to refer the matter in writing with 
recommendation to the Regional Director for the region in which the 
inmate was located. The Regional Director then had to conduct another 
review and approval before forwarding the request to the General 
Counsel's office in the Central Office of the Bureau of Prisons. We now 
remove the Regional Director level of review in order to expedite the 
process.
    Under the Administrative Procedure Act (5 U.S.C. 553), there are 
exceptions to notice-and-comment rulemaking for ``(A) interpretive 
rules, general statements of policy, or rules of agency organization, 
procedure, or practice; or (B) when the agency for good cause finds * * 
* that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.''
    Here, this change falls under both (A) and (B): It is a rule of 
agency procedure or practice, as it is an internal level of 
administrative review of an inmate request. Additionally, notice and 
comment is unnecessary because those most likely to comment--inmates--
will find it advantageous to have the expedited review allowed by this 
change. Further, Regional Director review is unnecessary and 
repetitive. All the factors reviewed and considered in a Compassionate 
Release request are reviewed and evaluated anew at the General Counsel 
level. The Bureau also believes adequate and sufficient review of 
inmate requests is already served by Warden, General Counsel and 
Director review of each request. For these reasons, we finalize this 
change without previous notice and comment under the exceptions allowed 
by the Administrative Procedure Act.

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 regulation is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this regulation 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 regulation 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 
certifies that it will not have a significant economic impact upon a 
substantial number of small entities for the following reasons: This 
regulation pertains to the correctional management of offenders 
committed to the custody of the Attorney General and the Director of 
the Bureau of Prisons. Its economic impact is limited to the Bureau's 
appropriated funds.

Unfunded Mandates Reform Act of 1995

    This regulation 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 regulation is not a major rule as defined by Sec.  804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 
regulation 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-

[[Page 13479]]

based companies in domestic and export markets.

List of Subjects in 28 CFR Part 571

    Prisoners.

Charles E. Samuels, Jr.
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 amend 28 CFR part 571, chapter V, 
subchapter D, as follows.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

0
1. Revise the authority citation for 28 CFR part 571 to read as 
follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3565; 3568 and 3569 
(Repealed in part as to offenses committed on or after November 1, 
1987), 3582, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in 
part as to offenses committed on or after November 1, 1987), 4161-
4166 and 4201-4218 (Repealed as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to 
offenses committed after that date), 5031-5042; 28 U.S.C. 509 and 
510; U.S. Const., Art. II, Sec. 2; 28 CFR 1.1-1.10; DC Official Code 
sections 24-101, 24-461 24-465, 24-467, and 24-468.

Subpart G--Compassionate Release (Procedures for the Implementation 
Of 18 U.S.C. 3582(C)(1)(A) and 4205(G))


Sec.  571.61  [Amended]

0
2. In Sec.  571.61, paragraph (b), remove the words ``Office or at a 
Regional'' after the word ``Central''.

0
3. In Sec.  571.62, revise paragraph (a) to read as follows:


Sec.  571.62  Approval of request.

    (a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 
3582(c)(1)(A) only after review of the request by the Warden, the 
General Counsel, and either the Medical Director for medical referrals 
or the Assistant Director, Correctional Programs Division for non-
medical referrals, and with the approval of the Director, Bureau of 
Prisons.
    (1) The Warden shall promptly review a request for consideration 
under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an 
investigation of the request determines that the request warrants 
approval, the Warden shall refer the matter in writing with 
recommendation to the Office of General Counsel.
    (2) If the General Counsel determines that the request warrants 
approval, the General Counsel shall solicit the opinion of either the 
Medical Director or the Assistant Director, Correctional Programs 
Division depending upon the nature of the basis of the request. With 
this opinion, the General Counsel shall forward the entire matter to 
the Director, Bureau of Prisons, for final decision.
    (3) If the Director, Bureau of Prisons, grants a request under 18 
U.S.C. 4205(g), the Director will contact the U.S. Attorney in the 
district in which the inmate was sentenced regarding moving the 
sentencing court on behalf of the Bureau of Prisons to reduce the 
minimum term of the inmate's sentence to time served. If the Director, 
Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the 
Director will contact the U.S. Attorney in the district in which the 
inmate was sentenced regarding moving the sentencing court on behalf of 
the Director of the Bureau of Prisons to reduce the inmate's term of 
imprisonment to time served.
* * * * *

0
4. In Sec.  571.63, revise paragraph (a) to read as follows:


Sec.  571.63  Denial of request.

    (a) When an inmate's request is denied by the Warden, the inmate 
will receive written notice and a statement of reasons for the denial. 
The inmate may appeal the denial through the Administrative Remedy 
Procedure (28 CFR part 542, subpart B).
* * * * *

[FR Doc. 2013-04589 Filed 2-27-13; 8:45 am]
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