Telephone Regulations and Inmate Financial Responsibility

SUMMARY: In this document, the Bureau of Prisons (Bureau) is proposing

to limit telephone privileges to 60 minutes of debit calls per month

for inmates who refuse to participate in the inmate financial

responsibility program (IFRP). Additionally, the Bureau proposes to

impose a $25 per month spending limitation upon the commissary

purchases of IFRP refusees, excluding the purchase of stamps and

telephone credits. These actions are made pursuant to the terms of a

settlement approved by the District Court in a nation-wide federal

prisoner class action, Washington v. Reno, Nos. 93-217, 93-290 (E.D.

KY), and are intended to continue encouraging inmates to participate in

the IFRP.

DATES: Comments are due on March 4, 1996.

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, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is proposing

to amend its rules on telephone regulations (28 CFR part 540, subpart

I) and on the inmate financial responsibility program (IFRP) (28 CFR

part 545, subpart B) which were published in the Federal Register on

April 4, 1994 (59 FR 15812).

In the April 4, 1994, revision of its rules on telephone

regulations and on the IFRP, the Bureau delayed the effective date for

provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed

limitations on the telephone privileges of inmates refusing to

participate in the IFRP. These provisions were to become effective

January 3, 1995. Due to ongoing litigation in Washington v. Reno, the

effective date for these provisions was further delayed until January

4, 1996. See 60 FR 240. In accordance with the court-approved

settlement in Washington v. Reno, Nos. 93-217, 93-290 (E.D. KY), the

Bureau has withdrawn those provisions in a document published elsewhere

in today's Federal Register.

Also in accordance with provisions of the settlement in Washington

v. Reno, this proposed rule specifies providing only debit telephone

calling privileges for inmates who refuse to participate in the IFRP

and to limit such debit calling privileges to 60 minutes of debit calls

per month. This proposed limitation will not take effect until

installation of the new nation-wide telephone system, per terms of the

settlement in Washington v. Reno.

Local institution guidelines continue to govern the duration of

each individual call. As with all inmate telephone privileges, the

Warden retains the discretion to further limit the debit calling

privileges of inmates who refuse to participate in the IFRP to ensure

the security or good order, including discipline of the institution or

to protect the public, 28 CFR Sec. 540.100. Telephone privileges of

inmates who refuse to participate in the IFRP may also be further

limited as a disciplinary sanction, 28 CFR part 541.

Additionally, the Bureau is proposing to amend the provision in 28

CFR 545.11(d) which relates to the monthly commissary spending

limitation imposed upon inmates who refuse to participate in the IFRP.

Specifically, under 28 CFR 545.11(d)(6), IFRP refusees currently are

not permitted to purchase any items in excess of the monthly spending

limitation for all inmates, including special purchase items like

sports equipment, hobby crafts, etc. The Bureau proposes to revise this

provision to impose upon IFRP refusees a more stringent monthly

spending limitation than that imposed upon all inmates. Pursuant to the

terms of the settlement in Washington v. Reno, the proposed rule

specifies that the monthly spending limitation upon IFRP refusees shall

be at least $25 per month and excludes purchases of stamps and

telephone credits.

Interested persons may participate in this 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 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 has not been reviewed by the Office of Management

and Budget pursuant to 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 Part 540 and 545

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 540 and 545 in subchapter C

of 28 CFR, chapter V are proposed to be amended 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, 3013, 3571,

3572, 3621, 3622, 3624, 3663, 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. 540.105, paragraph (c) is added to read as follows:

Sec. 540.105 Expenses of inmate telephone use.

* * * * *

(c) The Warden shall limit the telephone privileges (collect and

debit calls) of an inmate who has refused to participate in the Inmate

Financial Responsibility Program (IFRP) as specified in 28 CFR part

545.

* * * * *

PART 545--WORK AND COMPENSATION

1. 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, 3572, 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.

2. In Sec. 545.11, paragraph (d)(6) is revised, and paragraph

(d)(10) is added, to read as follows:

Sec. 545.11 Procedures.

* * * * *

[[Page 93]]

(d) * * *

(6) The inmate shall be subject to a monthly commissary spending

limitation more stringent than the monthly commissary spending

limitation set for all inmates. This more stringent commissary spending

limitation for IFRP refusees shall be at least $25 per month, excluding

purchases of stamps and telephone credits.

* * * * *

(10) The inmate is restricted to the use of debit telephone calls

and will be allowed to make 60 minutes of debit telephone calls per

month, unless the Warden further limits the inmate's telephone

privileges to ensure the security or good order, including discipline

of the institution, or to protect the public, pursuant to 28 CFR

Sec. 540.100, or the inmate's telephone privileges are restricted as a

disciplinary sanction under 28 CFR, part 541. Any exception to this

provision requires approval of the Warden and is to be based on

compelling circumstances.

* * * * *

[FR Doc. 95-31498 Filed 12-29-95; 8:45 am]

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