Control, Custody, Care, Treatment and Instruction of Inmates; Incoming Publications and Inmate Legal Activities

SUMMARY: In this document, the Bureau of Prisons is proposing to amend

its regulations on Incoming Publications in order to require that

inmates in medium security, high security, and administrative

institutions may receive softcover publications only from the

publisher, book club, or bookstore. Current regulations allow for these

items to be received from any source. The proposed amendment also

allows for the Warden to make an exception to this requirement and to

the existing similar requirement for hardcover publications and

newspapers. This change is being proposed in order to simplify security

procedures designed to prevent the introduction of contraband into

Bureau institutions. Provisions in the Bureau's regulations on Inmate

Legal Activities which restate the Bureau's policy on receipt of

incoming publications would be modified accordingly as a conforming

amendment.

DATES: Comments due by March 21, 1994.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,

320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General

Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend

its regulations on Incoming Publications. A final rule on this subject

was published in the Federal Register on June 29, 1979 (44 FR 38260)

and was amended December 7, 1982 (47 FR 55129) and January 3, 1985 (50

FR 410). A conforming amendment would be made to the Bureau's

regulations on Inmate Legal Activities. A final rule on this subject

was published in the Federal Register on June 29, 1979 (44 FR 38263)

and was amended December 4, 1981 (46 FR 59509) and July 23, 1990 (55 FR

29992).

Current regulations in 28 CFR 540.71 allow an inmate to receive

paperback books and magazines from any source. This proposed amendment

would require that at medium security, high security, and

administrative institutions all softcover publications may be received

only from the publisher, book club, or book store. This would simplify

Bureau procedures designed to prevent the introduction of contraband

into Bureau institutions and would allow for more efficient use of

Bureau staff and resources. In addition, this amendment would allow the

Warden to make an exception when a publication is no longer available

from the publisher, book club, or bookstore. In such cases, the Warden

may require that the inmate provide written documentation that the

publication is no longer available from these sources. The approval or

disapproval of any request is to be documented in writing.

Bureau regulations on Inmate Legal Activities restate in

Sec. 543.11(d) the policy on receipt of incoming publications. As a

conforming amendment, Sec. 543.11(d) is also revised.

The Bureau of Prisons has determined that this rule is not a

significant regulatory action for the purpose of E.O. 12886, and

accordingly this rule was not reviewed by the Office of Management and

Budget. After review of the law and regulations, the Director, Bureau

of Prisons has certified that this rule, for the purpose of the

Regulatory Flexibility Act (Pub. L. 96-354), does not have a

significant impact on a substantial number of small entities.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the Bureau of

Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534.

Comments received during the comment period will be considered before

final action is taken. All comments received remain on file for public

inspection at the above address. The proposed rule may be changed in

light of the comments received. No oral hearings are contemplated.

List of Subjects in 28 CFR Parts 540 and 543

Prisoners.

Kathleen M. Hawk,

Director, Bureau of Prisons.

Accordingly, pursuant to the rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and delegated to the Director,

Bureau of Prisons in 28 CFR 0.96(p), it is proposed to amend parts 540

and 543 in subchapter C of 28 CFR, chapter V as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

1. The authority citation for 28 CFR part 540 continues to read as

follows:

Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3621, 3622,

3624, 4001, 4042, 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; 28 U.S.C.

509, 510; 28 CFR 0.95-0.99.

2. In Sec. 540.71, paragraph (a) is revised to read as follows:

Sec. 540.71 Procedures.

(a)(1) At all Bureau institutions, an inmate may receive hardcover

publications and newspapers only from the publisher, from a book club,

or from a bookstore.

(2) At medium security, high security, and administrative

institutions, an inmate may receive softcover publications only from

the publisher, from a book club, or from a bookstore.

(3) At minimum security and low security institutions, an inmate

may receive softcover publications (other than newspapers) from any

source.

(4) The Warden may make an exception to the provisions of

paragraphs (a)(1) and (2) of this section if the publication is no

longer available from the publisher, book club, or bookstore. The

Warden may require that the inmate provide written documentation that

the publication is no longer available from these sources. The approval

or disapproval of any request for an exception is to be documented in

writing.

* * * * *

PART 543--LEGAL MATTERS

3. The authority citation for 28 CFR part 543 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,

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; 28 U.S.C. 509, 510,

1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.

4. In Sec. 543.11, paragraph (d) is amended by revising the first

sentence as follows and by removing the third and fourth sentences:

Sec. 543.11 Legal research and preparation of legal documents.

* * * * *

(d) An inmate may receive or purchase law materials from outside

the institution in accordance with the provisions on the receipt of

incoming publications (see Sec. 540.71 (a) of this chapter), but the

Warden may reject material if there is a compelling reason in the

interest of institution security, good order, or discipline.* * *

* * * * *

[FR Doc. 94-1109 Filed 1-14-94; 8:45 am]

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