Drug Abuse Treatment Programs: Early Release Consideration

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP-1052-I]

RIN 1120-AA36

Drug Abuse Treatment Programs: Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Further issuance of interim rule with request for comments.

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

its interim rule on Drug Abuse Treatment Programs which allows for

consideration of early release of eligible inmates who complete a

residential drug abuse treatment program, including a transitional

treatment phase. Based upon initial public comment, the Bureau is

adding to the interim regulations a requirement that an inmate seeking

consideration for early release must complete transitional drug

treatment services in a community-based program (i.e., in a Community

Corrections Center or on home confinement). This further amendment is

necessary to solicit additional comments from the public on this new

requirement.

DATES: Effective May 17, 1996; comments are due July 16, 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 further amending

its regulations on Drug Abuse Treatment Programs (28 CFR part 550,

subpart F). An interim rule on this subject which implemented Section

32001 of the Violent Crime Control and Law Enforcement Act of 1994

(codified at 18 U.S.C. 3621(e)) was published in the Federal Register

on May 25, 1995 (60 FR 27692).

Public comment received on the interim rule, published May 25,

1995, included comment from the American Psychiatric Association

(Association). The Association stated that it believed the program was

a good idea, but expressed concern about the adequacy of transitional

drug treatment services offered at an institution. Bureau regulations

in 28 CFR 550.59(a) require minimum participation of one hour per month

for such transitional services. The Association stated that this

minimum was probably not of sufficient intensity to facilitate a good

outcome and recommended enhanced psychiatric consultation and the

availability of a broad array of services.

The Bureau recognizes the importance of transitional services in

drug treatment programming and agrees with the Association that an

enhanced transitional program, such as is available in a community-

based program, increases the opportunity for a good outcome. The Bureau

recognizes that implementation of this requirement may preclude some

inmates from participation in a community-based program. However, while

the Bureau may be able to increase the availability of certain

transitional services at an institution, it cannot duplicate within the

institution the environment of community-based transitional services

(i.e., the evaluation of the inmate in conditions where the inmate is

reintegrating into the community). The Bureau, in exercising its

discretion in determining the successful completion of a residential

drug abuse treatment program under 18 U.S.C. 3621(e), is therefore

requiring that consideration for early release be contingent upon the

inmate's completion of transitional services in a community-based

program (i.e., in a Community Corrections Center or on home

confinement).

Section 550.58 has accordingly been amended to reflect this

addition. Inmates who will not be able to complete the community-based

portion of treatment will be those whose placement in such programs is

precluded due to custodial considerations. Such considerations would

include the presence of a detainer or the possibility that the inmate's

placement in a community-based program would pose a danger to the

public. The decision to place an inmate in a community-based program is

made by the Warden based on his or her professional discretion.

As of August 17, 1995, approximately 160 inmates who had already

qualified for early release consideration under the provisions of the

May 25, 1995 interim rule (meaning they had completed the residential

program or had been placed in the residential program with an adjusted

release date to follow) would not be able to complete the community-

based portion of the program due to the exclusion from community-based

programs as a result of a detainer. The Bureau has determined that this

group of inmates will not be adversely affected by this new interim

rule. They will be considered under the rules in effect at the time

they entered the residential program. However, any inmate in this group

who loses his or her eligibility for early release (due to expulsion

from the program or for other reasons as provided by the regulations)

must reenter the program and will then be governed by the eligibility

requirements of this new interim rule. Any inmate with a detainer,

however, who has not entered the residential drug treatment program by

August 17, 1995 will be subject to the restrictions of the new interim

rule.

This exception from application of this new interim rule for

inmates with detainers who had already entered the residential

treatment program will not be extended to any other group of inmates.

Inmates who are excluded for any other reasons from a community-based

program, such as posing a danger to the public, are no longer eligible

for an early release. The adjusted projected release dates for these

inmates will revert to their prior status. This action is similar to

the manner in which projected good time may be recomputed before it is

vested.

Additional changes to the introductory text have been made for the

sake of clarity. For example, the introductory text more clearly

emphasizes that early release consideration for inmates is applicable

to inmates sentenced to a term of imprisonment pursuant to the

provisions of 18 U.S.C. Chapter 227,

[[Page 25122]]

Subchapter D. Inmates sentenced under ``old law'' provisions are not

eligible, regardless of their eligibility for parole. The restriction

for inmates who have a prior federal and/or state conviction for

homicide, forcible rape, robbery, or aggravated assault has been

reworded to remove the phrase ``federal and/or state''. This is being

done in order to include foreign convictions.

The Bureau's response to other comments to the May 25, 1995 interim

rule will be contained in a future Federal Register document.

Interested persons may participate in this new interim 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 on the interim rule provisions 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 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 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), part 550 in subchapter C of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

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

follows:

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. In Sec. 550.58, the introductory text and paragraphs (a)(1)(iii)

and (a)(2)(i) are revised to read as follows:

Sec. 550.58 Consideration for early release.

Except as provided in this paragraph, an inmate who was sentenced

to a term of imprisonment pursuant to the provisions of 18 U.S.C.

Chapter 227, Subchapter D, and who completes a residential drug abuse

treatment program including subsequent transitional services in a

community-based program (i.e., in a Community Corrections Center or on

home confinement) during his or her current commitment may be eligible,

in accordance with paragraph (a) of this section, for early release by

a period not to exceed 12 months. The following categories of inmates

are not eligible: INS detainees, pretrial inmates, contractual boarders

(for example, D.C., State, or military inmates), inmates whose current

offense is determined to be a crime of violence as defined in 18 U.S.C.

924(c)(3), inmates who have a prior conviction for homicide, forcible

rape, robbery, or aggravated assault, and inmates who are not eligible

for participation in a community-based program as determined by the

Warden on the basis of his or her professional discretion.

(a) Eligibility. (1) * * *

* * * * *

(iii) The inmate completes a refresher treatment program and all

applicable transitional services programs in a community-based program

(i.e., in a Community Corrections Center or on home confinement); and

* * * * *

(2) * * *

(i) The inmate completes all applicable transitional services

programs in a community-based program (i.e., in a Community Corrections

Center or on home confinement); and

* * * * *

[FR Doc. 96-12472 Filed 5-16-96; 8:45 am]

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