Control, Custody, Care, Treatment and Instruction of Inmates; Drug Abuse Treatment Programs

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

its rule on Chemical Abuse Programs by renaming it as Drug Abuse

Treatment Programs, by expanding programming available to inmates, and

by requiring participation from certain inmates. Any inmate who has

been recommended for drug programming by the sentencing judge, or whose

presentence investigation contains evidence that alcohol or other drug

use contributed to the commission of the instant offense, or for whom

alcohol or drug abuse was a reason for violation of parole or probation

will be required to participate in drug abuse education courses.

Further program opportunities are presented through voluntary

participation in residential and non-residential programs and through

transitional services. This amendment also proposes conforming changes

with respect to program eligibility and inmate financial responsibility

requirements and with respect to mandatory work requirements. This

amendment is intended to fulfill statutory requirements to make

available to inmates appropriate substance abuse treatment.

DATES: Comments due by March 8, 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 Chemical Abuse Programs. A final rule on this

subject was published in the Federal Register on July 18, 1986 (51 FR

26129). The Bureau is also proposing conforming or related amendments

to its regulations on Inmate Financial Responsibility and on Inmate

Work and Performance Pay Program. A final rule on Inmate Financial

Responsibility was published in the Federal Register on May 21, 1991

(56 FR 23477). A final rule on Inmate Work and Performance Pay was

published in the Federal Register on October 1, 1984 (49 FR 38915), and

was amended on May 21, 1991 (56 FR 23478) and on July 10, 1991 (56 FR

31531).

Section 2903 of Public Law 101-647 (18 U.S.C. 3621(b)) requires the

Bureau to make available appropriate substance abuse treatment for each

inmate the Bureau determines has a treatable condition of substance

addiction or abuse. Existing Bureau regulations in subpart F

(Secs. 550.50 through 550.51) of 28 CFR part 550 allow for the

voluntary participation by inmates in chemical abuse programs. This

proposed amendment renames such programming as drug abuse treatment

programs and distinguishes between mandatory and voluntary requirements

for inmate participation in these programs.

Proposed Sec. 550.52 requires participation in a drug abuse

education course by any inmate who has been recommended for drug

programming by the sentencing judge, or whose presentence investigation

contains evidence that alcohol or other drug use contributed to the

commission of the instant offense, or for whom alcohol or drug abuse

was a reason for violation of parole or probation. This section

includes provision for exemption to the mandatory requirement.

Participation by other inmates in drug abuse treatment programs remains

voluntary, but such participation requires recommendation by the

screening psychologist or drug abuse treatment staff. The section

defines program completion and notes the effects of program failure for

inmates whose participation is required.

Section 550.53 specifies requirements for participation in an

institution's residential and non-residential program, while

Sec. 550.54 covers transitional services available to inmates.

This proposed amendment makes conforming changes to the Bureau's

provisions on inmate financial responsibility (28 CFR 545.11) to

specify that an inmate must meet his or her financial program

responsibility obligations before being able to receive an incentive

for his or her residential program participation. Another conforming

change is being made to the provisions on institution work and

performance pay (28 CFR 545.23) to allow for an inmate's voluntary

participation in drug programming in lieu of working full time.

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.

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

significant regulatory action for the purpose of E.O. 12866. 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 Parts 545 and 550

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), parts 545 and 550 in subchapter C

of 28 CFR, chapter V are proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

1. The authority citation for 28 CFR part 550 is added to read as

follows, and all other authority citations within the part are removed:

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), 4251-4255, 5006-5024 (repealed October 12, 1984

as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510;

28 CFR 0.95-0.99.

2. Subpart F, consisting of Secs. 550.50 and 550.51, is revised to

consist of Secs. 550.50 through 550.54 as follows:

Subpart F--Drug Abuse Treatment Programs

Sec.

550.50 Purpose and scope.

550.51 Institution staff roles/responsibilities.

550.52 Drug abuse education course.

550.53 Institution residential and non-residential program.

550.54 Transitional services.

Subpart F--Drug Abuse Treatment Programs

Sec. 550.50 Purpose and scope.

The Bureau of Prisons provides, to the extent practicable,

appropriate drug abuse treatment programs to inmates.

Sec. 550.51 Institution staff roles/responsibilities.

(a) The Warden shall designate a Drug Abuse Treatment Program

Coordinator (DATC) for his/her institution.

(b) The DATC shall ensure that:

(1) Each institution shall provide new inmates during the Admission

and Orientation information about drug abuse treatment opportunities

and procedures available at the institution and throughout the Bureau;

and

(2) A psychologist or drug abuse treatment staff member shall

screen all new institution admissions for drug abuse problems.

(c) The DATC may designate a drug abuse treatment specialist to

conduct drug education or drug abuse treatment in non-residential or

residential settings.

Sec. 550.52 Drug abuse education course.

(a) An inmate is required to participate in the institution's drug

abuse education course if that inmate has been sentenced or returned to

custody as a violator after September 30, 1991 and it is determined by

unit and/or drug abuse treatment program staff, through a combination

of interview and file review, that:

(1) There is evidence in the Presentence Investigation that alcohol

or other drug use contributed to the commission of the instant offense;

(2) Alcohol or other drug use was a reason for violation of either

supervision or BOP community status (CCC placement) for which the

inmate is now incarcerated; or

(3) The inmate was recommended for drug programming during

incarceration by the sentencing judge. An inmate may be exempted from

the required drug abuse education course due to cognitive impairment or

other learning disabilities only after evaluation and recommendation by

a psychologist. An inmate may also be exempted from the drug abuse

education course if that inmate has volunteered for immediate admission

to a residential drug abuse treatment program, and then proceeds to

complete that program.

(b) An inmate who is not required by paragraph (a) of this section

to participate in the drug abuse education course, but for whom

participation is recommended or approved by the screening psychologist

or drug abuse treatment staff for participation, shall be offered the

opportunity to participate voluntarily in the drug abuse education

course, provided it is approved by the DATC, space is available, and

the inmate signs an agreement acknowledging the requirements for

participating in this course.

(c) Completion of the drug abuse education course requires

participating in, and passing an examination on the course. A

certificate of achievement will be awarded to all who successfully

complete the program. Inmates required to participate in this program

ordinarily are provided at least three chances to pass the final

examination before privileges are lost (see paragraph (d) of this

section).

(d) Any inmate who is required by paragraph (a) of this section to

participate in the drug abuse education course, but who refuses this

participation, who withdraws, who is expelled, or who otherwise fails

to meet the attendance and testing standards shall be held at the

lowest pay grade within the institution and shall be ineligible for

community programs. The Warden, for good cause, may make exception to

this paragraph, with such exemptions documented in writing.

Sec. 550.53 Institution residential and non-residential program.

(a) Participation by an inmate in an institution's residential and/

or nonresidential drug treatment program is voluntary, but such

participation must be recommended by unit and/or drug treatment staff.

(1) An inmate may apply for these programs by submitting a request

to a staff member (ordinarily, a member of the inmate's unit team or

the DATC).

(2) An inmate who volunteers to participate in one of the drug

abuse treatment programs is required to sign an agreement acknowledging

his/her program responsibility.

(b) An inmate may apply for an institution's residential treatment

program at any time during that inmate's incarceration. Residential

treatment ordinarily consists of treatment in a unit-based setting

within the institution. Where an institution does not have a

residential program, the unit team, in coordination with the DATC, may

consider the inmate for transfer to an institution with this type of

program.

(c) An inmate may receive incentives for his or her involvement in

the residential program. These incentives may include, but are not

limited to, the following.

(1) Limited financial awards, based upon the inmate's achievement/

completion of program phases.

(2) Consideration for the maximum period of time (currently 180

days) in a Community Corrections Center placement, provided the inmate

is otherwise eligible for this designation.

(3) Local institution incentives such as preferred living quarters

or special recognition privileges. An inmate must meet his/her

financial program responsibility obligations (see 28 CFR part 545)

prior to being able to receive an incentive for his/her residential

program participation.

(d) An inmate may voluntarily withdraw from a residential drug

abuse program or, based on disruptive or negative behavior, may be

removed by staff. Removal from the residential program is within the

discretion of the DATC, and may result, in part, in the inmate's being

returned to his/her prior institution (when the inmate had been

specifically transferred for the purpose of program participation),

and/or return of tangible incentives previously achieved.

(e) When residential treatment programming cannot be used due to

time constraints, staff may refer the inmate for the institution's non-

residential drug treatment. Non-residential treatment ordinarily

consists of individual and/or group counseling and self-help

programming.

Sec. 550.54 Transitional services.

(a) Transitional treatment programming is required for all inmates

completing an institutions's residential treatment program.

Transitional treatment includes treatment provided to inmates who, upon

completing the residential program, return to the general population of

that or another institution. An inmate's refusal to participate in this

program is considered a program failure and disqualifies the inmate for

any additional incentives consideration, and may result in the inmate's

redesignation.

(b) An inmate who successfully completes a residential drug abuse

program and who, based on eligibility, is transferred to a Community

Corrections Center (CCC), is required to participate in a community-

based treatment program each week, in addition to the required

employment and other program activities of the CCC. The inmate's

failure to meet the requirements of treatment may result in the

inmate's being returned to the institution for refusing a program

assignment.

(c) Staff may offer an inmate who has not been involved in the

institution's drug abuse treatment program the opportunity to become

involved in the transitional drug treatment program as part of the

inmate's CCC placement. In addition, with DATC approval, an inmate may

volunteer, and be accepted for transitional drug treatment programming.

3. The authority citation for 28 CFR part 545 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3621, 3622, 3624,

3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1, 1987), 4126, 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.

4. In Sec. 545.11, a new paragraph (d)(11) is added to read as

follows:

Sec. 545.11 Procedures.

* * * * *

(d) * * *

(11) The inmate will not receive an incentive for participation in

residential drug treatment programs.

5. In Sec. 545.23, paragraph (a) is amended by revising the last

sentence to read as follows:

Sec. 545.23 Inmate work/program assignment.

(a) * * * An inmate, for whom educational, vocational, or drug

treatment participation is not required by either policy or statute,

may request and, upon approval of the Warden or designee, participate

in an educational or vocational training program or drug treatment

program rather than work full-time.

* * * * *

6. In Sec. 545.25, new paragraph (d) is added to read as follows:

Sec. 545.25 Eligibility for performance pay.

* * * * *

(d) An inmate who is required by 28 CFR 550.51 (c)(1) to

participate in drug education programming but who fails to do so

because he or she refuses participation, withdraws, is expelled, or

fails to meet attendance and testing standards, shall be held at the

lowest pay grade within the institution.

[FR Doc. 94-367 Filed 1-6-94; 8:45 am]

BILLING CODE 4410-05-P