Inmate Organizations

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DEPARTMENT OF JUSTICE

28 CFR Part 551

[BOP-1045-P]

RIN 1120-AA42

Inmate Organizations

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Prisons is proposing to revise its regulations

on Inmate Organizations to prohibit fund-raising activities by inmates

and to phase out provisions governing inmate accountability for funds.

This amendment is intended to provide for the continued efficient and

orderly operation of the institution and the Bureau.

DATES: Comments due by December 19, 1995.

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 Inmate Organizations (28 CFR part 551, subpart D). A

final rule on this subject was published in the Federal Register on

June 29, 1979 (44 FR 38236) and was amended June 1, 1983 (48 FR 24625).

Current regulations on inmate organizations allow for the operation

of fund-raising activities and consequently include provisions for

accountability for funds. These activities potentially pose legal and

financial problems; for example, nonpayment by the inmate organization.

The Bureau, therefore, is proposing to prohibit fund-raising activities

by inmates and to phase out provisions governing inmate accountability

for funds.

The Bureau recognizes and supports the traditional purposes of

approved inmate organizations allowing for social and recreational

activities. While direct funding by inmate organizations would be

eliminated, the proposed regulations allow for the funding of approved

activities by the Bureau from designated funds (for example, the Trust

Fund).

The proposed regulations have been generally revised for the sake

of organization and clarity. The regulations contain specific

procedures for the approval/disapproval of an organization or requested

activities. The provisions for dues have been amended to ensure that

monies do not accrue to an individual inmate organization. Finally, the

proposed regulations require, in accordance with Bureau policy and

generally accepted accounting principles, the close-out of the

operation of any funds previously accumulated by an inmate

organization. Under Bureau policy, such funds could be used to finance

an approved activity for the organization. Any remaining funds, or

organization property assets which have not been converted to cash,

would be disposed of through donation to an approved charity, the

institution, or the Trust Fund.

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

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

accordingly 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 Part 551

Prisoners.

Wallace H. Cheney,

Acting 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 part 551

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

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 551--MISCELLANEOUS

1. The authority citation for 28 CFR part 551 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,

4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on

or after November 1, 1987), 4161-4166 (Repealed 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney

General's August 6, 1991 Guidelines for Victim and Witness

Assistance.

2. Subpart D, consisting of Secs. 551.30 through 551.36, is revised

as follows.

Subpart D--Inmate Organizations

Sec.

551.30 Purpose and scope.

551.31 Approval of an organization.

551.32 Staff supervision.

551.33 Dues.

551.34 Organization activities.

551.35 Funding.

551.36 Accountability for accumulated funds.

Subpart D--Inmate Organizations

Sec. 551.30 Purpose and scope.

The Bureau of Prisons permits inmates and persons in the community

to participate in approved inmate organizations for recreational,

social, civic, and benevolent purposes.

Sec. 551.31 Approval of an organization.

(a) An inmate must submit a request for recognition of a proposed

inmate organization to the Warden prior to the inmate organization's

becoming active.

(b) The Warden may approve an inmate organization upon determining

that:

(1) The organization has a constitution and bylaws duly approved by

its members which include its purpose and objectives, the duties and

responsibilities of the officer(s), and requirements for activities

reporting and for operational review; and

(2) The organization does not operate in opposition to the

security, good order, or discipline of the institution.

(c) The Warden may withdraw approval of an inmate organization for

reasons of the security, good order, and discipline of the institution,

or in accordance with Sec. 551.34(e).

Sec. 551.32 Staff supervision.

(a) The Warden shall appoint a staff member as the institution's

Inmate Organization Manager (IOM). The IOM shall be responsible for

monitoring the activities of the institution's inmate organizations and

staff sponsors.

(b) The Warden or designee shall assign a staff sponsor responsible

for supervising the activities of an individual inmate organization.

The staff sponsor's duties are performed while in official duty status.

Sec. 551.33 Dues.

Dues may be collected if they are required by a National Chapter,

are collected by that same National Chapter, and the rate and method of

collection have been approved by the Warden. No

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portion of the dues may be kept by the inmate organization for use at

the institution. The organization may not make payment of dues a

requirement of membership for an inmate who lacks funds.

Sec. 551.34 Organization activities.

(a) An officer of the inmate organization must submit a written

request for approval of an activity to the Warden or designee.

Activities include, but are not limited to, meetings, guest speakers,

sports competitions, banquets, community programs, or purchase of items

intended for use by inmates in the institution which are in addition to

those ordinarily furnished by the government. Activities may not

include fund-raising projects. The request must include:

(1) Name of the organization;

(2) Nature or purpose of the activity;

(3) Date, time, and estimated duration of the activity (if

appropriate);

(4) Estimated cost (if appropriate);

(5) Information concerning guest participation;

(6) Other pertinent information requested by the Warden.

(b) The Warden may approve the request if the activity:

(1) Does not conflict with scheduled inmate work or program

activities;

(2) Has confirmation of staff supervision;

(3) Can be appropriately funded when applicable (see Sec. 551.35);

(4) Does not conflict with the security, good order, or discipline

of the institution.

(c) When an activity requires the expenditure of government funds,

the Warden ordinarily shall require reimbursement from non-inmate

participants (guests or members).

(d) Each inmate organization shall be responsible for maintaining

accurate records of its activities.

(e) The activities of an inmate organization may be suspended

temporarily due to noncompliance with Bureau policy. The IOM is

responsible for recommending the specific suspension sanction for the

Warden's approval. The inmate organization is to receive written notice

of the proposed suspension sanction and shall have the opportunity to

respond to the Warden. Continued non-compliance with Bureau policy

shall result in an increase in the severity of the suspension sanction,

and may include withdrawal of approval for the organization.

Sec. 551.35 Funding.

The Bureau of Prisons may fund approved activities of inmate

organizations subject to the availability of designated funds.

Sec. 551.36 Accountability for accumulated funds.

Effective January 1, 1996 through March 31, 1996, all inmate

organizations must close-out, in accordance with Bureau policy and

generally accepted accounting principles, the operation of any funds

previously accumulated by them.

[FR Doc. 95-25912 Filed 10-19-95; 8:45 am]

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