Intensive Confinement Center Program

SUMMARY: In this document, the Bureau of Prisons is adopting

regulations on the operation of the Intensive Confinement Center

Program. This is a specialized program for non-violent offenders

combining features of a military boot camp with the traditional

correctional values of the Bureau of Prisons. This placement is

followed by extended participation in community-based programs and

possible reduction in sentence. The goal of the intensive confinement

center program is to promote in the inmate values of personal

development, self control, and discipline, thereby helping to reduce

the potential for future incarceration of the inmate.

DATES: Effective May 28, 1996; comments due by June 25, 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, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is adopting interim

regulations on the Intensive Confinement Center Program. The purpose of

this program is to place non-violent offenders in a highly structured,

no frills environment as a means of promoting personal development,

self control, and discipline, thereby helping to reduce the potential

for future incarceration of the inmate. Participation in the program is

contingent upon length of sentence and upon the determination of Bureau

staff that the inmate is serving his or her first period of

incarceration or has a minor history of prior incarcerations, is not

serving a term of imprisonment for a crime of violence, is properly

classified as appropriate for housing in minimum security, and is

physically and mentally capable of participating in the program.

Participation in the program is voluntary.

Placement in the program is to be made by Bureau staff in

accordance with sound correctional judgment and the availability of

Bureau resources. The determination of a non-violent offense is based

upon the definition in 18 U.S.C. 924(c)(3).

The institution-based component of the program ordinarily is six

months in duration, and consists of strict discipline and daily regimen

of physical conditioning, labor-intensive work assignments, literacy

program, vocational training, and drug and alcohol counseling. The

program also offers the inmate assistance on stress management, life

coping skills, positive personal attitude and self-esteem. In addition,

there may be other activities available which are consistent with the

total wellness program. Amenities such as access to television and

radio are extremely limited (for example, television access may be

limited to a specified period of national news broadcasts). Smoking is

not permitted. The six day work week and the long work day leave little

free time, and visiting and telephone access are very limited. Non-

issue clothing and commissary privileges (except for monthly purchases

by female inmates of sanitary hygiene items in addition to those

provided by the Bureau) are not permitted.

An inmate who successfully completes the institution-based

component of the program ordinarily is eligible to serve the remainder

of the sentence in a community-based program (for example, in a

community correction center or in home detention). An inmate who fails

to complete this component or who subsequently fails participation in a

community-based program may forfeit further involvement in the program.

An eligible inmate with a sentence of not more than thirty months who

successfully completes the institution-based component, who maintains

successful participation in a community-based program, and who has

supervised release to follow is eligible for up to a six month

reduction in sentence. The length of the reduction is proportional to

the amount of time remaining to be served. Authority for a reduction in

sentence for such inmates is contained in 18 U.S.C. 4046. The Bureau

has piloted operation of this program for the purpose of placing

graduates in community-based programs for both male and female inmates.

Under the interim rule, consideration for reduction in sentence may be

given to an inmate who successfully completes an intensive confinement

center pilot program if staff confirm that the inmate meets appropriate

eligibility criteria.

The Bureau is publishing this regulation as an interim rule in

order to provide for public comment while maintaining continuity

between pilot program operation and full implementation of 18 U.S.C.

4046. Members of the public may submit comments concerning this rule by

writing to the previously cited address. These comments will be

considered before the rule is finalized.

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

significant regulatory action for the purpose of E.O. 12886. 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 economic impact on a

substantial number of small entities, as defined by the Act.

List of Subjects in 28 CFR Part 524

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 524 in subchapter B of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 524--CLASSIFICATION OF INMATES

1. The authority citation for 28 CFR part 524 is revised to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624,

4001, 4042, 4046, 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; 21 U.S.C.

848; 28 U.S.C. 509, 510; Title V, Pub. L. 91-452, 84 Stat. 933 (18

U.S.C. Chapter 223); 28 CFR 0.95-0.99.

2. Subpart D, consisting of Sec. 524.30 through 524.33, is added to

read as follows:

Subpart D--Intensive Confinement Center Program

Sec. 524.30 Purpose and scope.

Sec. 524.31 Eligibility and placement.

Sec. 524.32 Institution-based component procedures.

Sec. 524.33 Program failure.

Subpart D--Intensive Confinement Center Program

Sec. 524.30 Purpose and scope.

The intensive confinement center program is a specialized program

combining features of a military boot camp with the traditional

correctional values of the Bureau of Prisons,

[[Page 18659]]

followed by extended participation in community-based programs. The

goal of this program is to promote personal development, self-control,

and discipline.

Sec. 524.31 Eligibility and placement.

(a) Eligibility for consideration of placement in the intensive

confinement center program requires that the inmate is:

(1)(i) Serving a sentence of more than 12, but not more than 30

months (see 18 U.S.C. 4046), or

(ii) Serving a sentence of more than 30, but not more than 60

months, and is within 24 months of a projected release date.

(2) Serving his or her first period of incarceration or has a minor

history of prior incarcerations;

(3) Is not serving a term of imprisonment for a crime of violence;

(4) Appropriate for housing in minimum security;

(5) Physically and mentally capable of participating in the

program;

(6) A volunteer.

(b) Placement in the intensive confinement center program is to be

made by Bureau staff in accordance with sound correctional judgment and

the availability of Bureau resources.

Sec. 524.32 Institution-based component procedures.

(a) An eligible inmate who volunteers for participation in an

institution-based intensive confinement center program must agree to

forego opportunities which may be otherwise available to inmates in

Bureau institutions. Opportunities that may be affected include, but

are not limited to, visitation, telephone use, legal research time,

religious practices, commissary, smoking, and grooming preferences.

(b) The institution-based component of the intensive confinement

center program ordinarily is six months in duration.

(c) Disciplinary procedures to be followed in the institution-based

intensive confinement center program are set forth in subpart B of part

541 of this chapter.

(d)(1) An inmate who successfully completes the institution-based

component of the program ordinarily is eligible to serve the remainder

of the sentence in a community-based program.

(2) An inmate eligible for participation in the program under

Sec. 524.31(a)(1)(i) who successfully completes the institution-based

component, who maintains successful participation in a community-based

program, and has a period of supervised release to follow is eligible

for up to a six month reduction in sentence.

(3) An inmate who completes or has completed the institution-based

component of an intensive confinement center pilot program, who

maintains successful participation in a community-based program, and

has a period of supervised release to follow is eligible for up to a

six month reduction in sentence if staff confirm that the inmate has

met the requirements of Sec. 524.31(a)(1)(i), (2), (3) and (4).

Sec. 524.33 Program failure.

An inmate who fails to complete the institution-based component or

who subsequently fails participation in a community-based program may

forfeit his or her further involvement in the program.

[FR Doc. 96-10350 Filed 4-25-96; 8:45 am]

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