Control, Custody, Care, Treatment and Instruction of Inmates; Furloughs; Final Rule and Proposed Rule DEPARTMENT OF JUSTICE

SUMMARY: In this document, the Bureau of Prisons is amending its rule

on furloughs. This amendment removes unnecessary statutory and program

references and updates references to authorizing Bureau staff,

programs, and facilities. This amendment is intended to implement

administrative provisions ensuring the continued efficient operation of

the Bureau of Prisons.

EFFECTIVE DATE: January 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 amending its

regulations on Furloughs. A final rule on this subject was published in

the Federal Register July 1, 1981 (46 FR 34552) and was amended

September 30, 1983 (48 FR 45051). A summary of this document's changes

follows.

Section 570.30 currently contains reference to statutory authority

for granting of furlough (18 U.S.C. 4082(c)) given to the Attorney

General and re-delegated to the Director of the Bureau of Prisons by

the Attorney General in 28 CFR 0.96(d). This statutory authority needs

to be updated to reflect the applicability of 18 U.S.C. 3622. An

updated statutory authority, however, is already present in the

authority citation for part 570. There is no need to duplicate these

references in the text of the regulation, and accordingly the statutory

references in Sec. 570.30 are being removed.

In Sec. 570.31, paragraph (a) is revised to remove reference to the

work/study release program. This is a conforming amendment made in

acknowledgement that the work/study release program has previously been

canceled.

In Sec. 570.32, paragraph (a)(9) is revised to rename UNICOR work

assignments as Federal Prison Industries (FPI) work assignments.

Paragraph (b)(1) is revised to specify that the Regional Health

Services Administrator is the approving official for furloughs when the

cost of medical care is at the expense of the government and is to be

notified in all other medical cases involving emergency furloughs.

References in Sec. 570.33(b) and (c) and in Sec. 570.34(b) to

community treatment centers are being replaced with references to

community corrections centers. This change is necessary to reflect a

change in nomenclature for such facilities. In addition, reference in

paragraph (b) to UNICOR work assignments has been updated as noted

above.

Because these amendments are administrative in nature and impose no

new restrictions upon inmates, the Bureau finds good cause for

exempting the provisions of the Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed rulemaking, the opportunity for

public comment, and delay in effective date. Members of the public may

submit comments concerning this rule by writing to the previously cited

address. These comments will be considered but will receive no response

in the Federal Register.

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

significant regulatory action for the purpose of E.O. 12866, 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.

List of Subjects in 28 CFR Part 570

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), part 570 in subchapter D of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 570--COMMUNITY PROGRAMS

1. The authority citation for 28 CFR part 570 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001,

4042, 4081, 4082 (Repealed in part as to offenses committed on or

after November 1, 1987), 4161-4166, 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.

Sec. 570.30 [Amended].

2. Section 570.30 is amended by removing the first sentence.

3. In Sec. 570.31, paragraph (a) introductory text is revised to

read as follows:

Sec. 570.31 Definitions.

(a) A furlough is an authorized absence from an institution by an

inmate who is not under escort of a staff member, U.S. Marshal, or

state or federal agents. The two types of furlough are:

* * * * *

4. In Sec. 570.32, paragraphs (a)(9) and (b)(1) are revised to read

as follows:

Sec. 570.32 Justification for furloughs.

(a) * * *

(9) To participate in special training courses or in institution

work assignments, including Federal Prison Industries (FPI) work

assignments, of 30 calendar days or less, when daily commuting from the

institution is not feasible.

(b) * * *

(1) Staff shall contact the Regional Health Services Administrator

for approval when the cost of medical care is at the expense of the

government. In case of medical emergency, staff may authorize a

furlough for hospitalization and shall notify the Regional Health

Services Administrator as soon after the emergency admission as

possible.

* * * * *

5. In Sec. 570.33, paragraphs (b) and (c) are revised to read as

follows:

Sec. 570.33 Expenses of furlough.

* * * * *

(b) The government may bear the expense of a furlough only when the

purpose of the furlough is to obtain necessary medical, surgical,

psychiatric, or dental treatment not otherwise available, or to

transfer an inmate to another correctional institution (includes

community corrections centers), or, if it is for the primary benefit of

the government, to participate in special training courses or

institutional work assignments (including FPI work assignments) as

outlined in Sec. 570.32(a)(9).

(c) The Warden may allow an inmate scheduled for transfer to a

community corrections center (CCC) to choose the means of

transportation to the CCC in the following situations. An inmate

traveling under the provisions of paragraph (c) of this section is

expected to go directly from the institution to the CCC.

(1) Where the distance from the transferring institution to the CCC

is not over 150 miles, provided the inmate pays all transportation

costs.

(2) Where the distance from the transferring institution to the CCC

is over 150 miles and the inmate prefers to travel by plane rather than

by public ground transportation (e.g., bus), provided the inmate pays

the difference in cost between the air and public ground travel.

6. In Sec. 570.34, paragraph (b) is revised to read as follows:

Sec. 570.34 Eligibility requirements.

* * * * *

(b) The Warden may grant a furlough to an inmate with ``out''

custody only when the furlough is for the purpose of transferring

directly to another institution (except community corrections centers)

or for obtaining local medical treatment not otherwise available at the

institution.

[FR Doc. 94-1367 Filed 1-19-94; 4:15 pm]

BILLING CODE 4410-05-P