Central Inmate Monitoring (CIM) System

SUMMARY: In this document the Bureau of Prisons is revising its

regulations on the central inmate monitoring system for general

clarity, to remove obsolete categories, to update staff

responsibilities, and to make various changes in administrative

procedures. This revision is intended to provide for the continued

secure operation of Bureau institutions.

EFFECTIVE DATE: July 31, 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 amending its

regulations on the central inmate monitoring (CIM) system. A final rule

on this subject was published in the Federal Register September 14,

1990 (55 FR 38007).

The CIM system is an administrative program which allows the Bureau

to monitor and control the transfer, temporary release, and community

activities of inmates who present special needs for management.

Examples of such inmates include participants in Witness Security

programs, members of gangs or disruptive groups, and inmates who, for

their own safety, need to be separated from other identified inmates.

The CIM system operates to protect such inmates. In keeping with the

regulatory goals of E.O. 12866, the Bureau is revising the entire

regulation for the sake of general clarity. The acronym CIM is used

more consistently throughout the regulations. Other specific changes

are discussed below.

Section 524.70 has been revised to remove redundancy and improve

readability. There is no change in the intent of this section.

Section 524.71 has been revised to specify the Case Management

Coordinator as the official responsible for oversight and coordination

of CIM activities at the institution.

Section 524.72 has been amended to remove the assignment category

of sophisticated criminal activity and to rename the assignment

category ``security threat groups'' as ``disruptive group''. In

addition, the provisions for separation in new paragraph (f) have been

amended to note the accommodation of separatees in institutions which

have the ability to prevent physical contact between separatees.

Former Secs. 524.73 and 524.74 have been combined in new

Sec. 524.73 covering classification procedures. Paragraph (a) of new

Sec. 524.73 covers procedures for the initial assignment of a CIM

classification. These provisions were previously contained in former

Secs. 524.73(a), and 524.74 (a) and (b). Paragraph (b) of new

Sec. 524.73 covers procedures for notification to inmates of CIM

classification actions. These provisions were previously contained in

former Sec. 524.73 (b), (c), and (d) and in Sec. 524.78. Paragraph (c)

of new Sec. 524.73 covers procedures for the initial review of a CIM

assignment. These provisions were previously contained in former

Sec. 524.74 (d) and (f).

The provisions of former Sec. 524.74(e) have been removed. New

Sec. 524.73(a) allows for classification of pretrial inmates, and

further specification as to appropriate assignments or procedures is

either unnecessary or redundant.

New Sec. 524.74 revises provisions for activities clearance which

were contained in former Sec. 524.75. These provisions have been

revised for the sake of administrative streamlining. The revised

provisions allow for approval by the Warden in all cases except for

non-medical emergency clearances of Witness Security cases.

New Sec. 524.75 revises the provisions for periodic review of CIM

status contained in former Sec. 524.76. These revisions have been made

for the sake of clarity and organization. Provisions on notification

contained in paragraph (a) of former Sec. 524.76 have been consolidated

into the general requirements for notification in new Sec. 524.73(b).

Provisions in paragraph (b) of former Sec. 524.76 for the removal of

Department of Justice Witness Security cases have been consolidated

into the general requirements for removal of a CIM classification in

new Sec. 524.73(d). Provisions in paragraph (c) of former Sec. 524.76

on State prisoner assignments have been consolidated into new

Sec. 524.73(a)(2).

New Sec. 524.76 revises the provisions in former Sec. 524.77 for

appeals of a CIM classification to conform to previously published

revisions in the Administrative Remedy Program (28 CFR part 542) which

allow for inmates housed in Community Corrections Centers to file a

request with the Community Corrections Manager.

The provisions in former Sec. 524.78 on classification of

recommitted offenders have been removed because these provisions have

been consolidated into new Sec. 524.73.

Because these provisions impose no further restrictions on inmates

and deal with agency procedures designed to help ensure the continued

protection of inmates, the Bureau finds good cause for exempting the

provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring

notice of proposed rulemaking, the opportunity for public comment, and

delay in effective date. Members of the public may submit comments

concerning this rule by writing to the previously cited address. These

comments will be considered but will receive no response in the Federal

Register.

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 (5 U.S.C. 601 et seq.), does not have a

significant economic impact on a substantial number of small entities,

within the meaning of the Act. Because this rule pertains to the

correctional management of offenders committed to the custody of the

Attorney General or the Director of the Bureau of Prisons, its economic

impact is limited to the Bureau's appropriated funds.

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 continues to read as

follows:

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

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

[[Page 40143]]

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. Subpart F is revised to read as follows:

Subpart F--Central Inmate Monitoring (CIM) System

Sec.

524.70 Purpose and scope.

524.71 Responsibility.

524.72 CIM assignment categories.

524.73 Classification procedures.

524.74 Activities clearance.

524.75 Periodic review.

524.76 Appeals of CIM classification.

Subpart F--Central Inmate Monitoring (CIM) System

Sec. 524.70 Purpose and scope.

The Bureau of Prisons monitors and controls the transfer, temporary

release (e.g., on writ), and community activities of certain inmates

who present special needs for management. Such inmates, known as

central inmate monitoring (CIM) cases, require a higher level of review

which may include Central Office and/or Regional Office clearance for

transfers, temporary releases, or community activities. This monitoring

is not to preclude a CIM case from such activities, when the inmate is

otherwise eligible, but rather is to provide protection to all

concerned and to contribute to the safe and orderly operation of

federal institutions.

Sec. 524.71 Responsibility.

Authority for actions relative to the CIM system is delegated to

the Assistant Director, Correctional Programs Division, to Regional

Directors, and to Wardens. The Assistant Director, Correctional

Programs Division, and Regional Directors shall assign a person

responsible for coordinating CIM activities. The Case Management

Coordinator (CMC) shall provide oversight and coordination of CIM

activities at the institutional level, and the Community Corrections

Manager shall assume these responsibilities for contract facilities.

Sec. 524.72 CIM assignment categories.

CIM cases are classified according to the following assignments:

(a) Witness Security cases. Individuals who agree to cooperate with

law enforcement, judicial, or correctional authorities, frequently

place their lives or safety in jeopardy by being a witness or intended

witness against persons or groups involved in illegal activities.

Accordingly, procedures have been developed to help ensure the safety

of these individuals. There are two types of Witness Security cases:

Department of Justice (authorized by the Attorney General under Title V

of Public Law 91-452, 84 Stat. 933); and Bureau of Prisons Witness

Security cases (authorized by the Assistant Director, Correctional

Programs Division).

(b) Threats to Government officials. Inmates who have made threats

to government officials or who have been identified, in writing, by the

United States Secret Service as requiring special surveillance.

(c) Broad publicity. Inmates who have received widespread publicity

as a result of their criminal activity or notoriety as public figures.

(d) Disruptive group. Inmates who belong to or are closely

affiliated with groups (e.g., prison gangs), which have a history of

disrupting operations and security in either state or federal penal

(which includes correctional and detention facilities) institutions.

This assignment also includes those persons who may require separation

from a specific disruptive group.

(e) State prisoners. Inmates, other than Witness Security cases,

who have been accepted into the Bureau of Prisons for service of their

state sentences. This assignment includes cooperating state witnesses

and regular state boarders.

(f) Separation. Inmates who may not be confined in the same

institution (unless the institution has the ability to prevent any

physical contact between the separatees) with other specified

individuals who are presently housed in federal custody or who may come

into federal custody in the future. Factors to consider in classifying

an individual to this assignment include, but are not limited to,

testimony provided by or about an individual (in open court, to a grand

jury, etc.), and whether the inmate has exhibited aggressive or

intimidating behavior towards other specific individuals, either in the

community or within the institution. This assignment also includes

those inmates who have provided authorities with information concerning

the unauthorized or illegal activities of others. This assignment may

also include inmates from whom there is no identifiable threat, but who

are to be separated from others at the request of the Federal Judiciary

or U.S. Attorneys.

(g) Special Supervision. Inmates who require special management

attention, but who do not ordinarily warrant assignment in paragraphs

(a) through (f) of this section. For example, this assignment may

include an inmate with a background in law enforcement or an inmate who

has been involved in a hostage situation. Others may include those who

are members of a terrorist group with a potential for violence.

Sec. 524.73 Classification procedures.

(a) Initial assignment. Except as provided for in paragraphs (a)

(1) through (4) of this section, an inmate (including pretrial inmates)

may be classified as a CIM case at any time by a Community Corrections

Manager or by appropriate staff at the Central Office, Regional Office,

or institution. This initial classification is effective upon

documentation in the inmate's record.

(1) Witness Security cases. Witness Security cases are designated

by the Central Office only. An inmate's participation in the Department

of Justice Witness Security Program is voluntary. A commitment

interview and an admission and orientation interview are to be

conducted with the Witness Security inmate to ensure that the inmate

understands the conditions of confinement within the Bureau of Prisons.

Central Office classification of an individual as a Witness Security

case, under either the Department of Justice or Bureau of Prisons, does

not require additional review, and overrides any other CIM assignment.

(2) State prisoners. Appropriate staff in the Central Office or

Regional Office designate state prisoners accepted into the Bureau of

Prisons from state or territorial jurisdictions. All state prisoners

while solely in service of the state sentence are automatically

included in the CIM system to facilitate designations, transfers, court

appearances, and other movements.

(3) Special supervision. Placement in this assignment may be made

only upon the authorization of a Regional Director or the Assistant

Director, Correctional Programs Division.

(4) Recommitted offenders. An inmate who is recommitted to federal

custody, who at the time of release was classified as a CIM case,

retains this classification pending a review of the CIM status in

accordance with paragraph (c) of this section.

(b) Notification. The case manager shall ensure that the affected

inmate is notified in writing as promptly as possible of the

classification and the basis for it. Witness Security cases will be

notified through a commitment interview. The notice of the basis may be

limited in the interest of security or safety. For example, in

separation cases under Sec. 524.72, notice will not include the names

of those from whom the inmate must be separated. The inmate shall sign

for and receive a copy of the notification form. If the inmate refuses

to sign the notification form, staff witnessing the refusal shall

indicate this

[[Page 40144]]

fact on the notification form and then sign the form. Notification is

not required for pretrial inmates. Any subsequent modification of a CIM

assignment or removal from the CIM system requires separate

notification to the inmate.

(c) Initial review. A classification may be made at any level to

achieve the immediate effect of requiring prior clearance for an

inmate's transfer, temporary release, or participation in community

activities. Except for Central Office or Regional Office classification

of an individual as a state prisoner in sole service of the state

sentence or for classification of pretrial inmates made by designated

staff at the institution, a review by designated staff (ordinarily

within 60 days of notification to the inmate) is required to determine

whether a sound basis exists for the classification. Staff making the

initial classification shall forward to the reviewing authority

complete information regarding the inmate's classification. An inmate

not notified of a change in the classification by the reviewing

authority within 60 days from the date of the initial notification may

consider the CIM classification final. Reviewing authorities for CIM

classification are:

(1) Central Office Inmate Monitoring Section--reviews

classification decisions for all future separation assignments

(including recommitments) for Witness Security cases and for any

combination of assignments involving Witness Security cases.

(2) Regional Office--reviews CIM classification decisions for

Disruptive Group, Broad Publicity, Threat to Government Officials,

Special Supervision, State Prisoners not in sole service of state

sentence and initial multiple assignments except Witness Security

Cases.

(3) Warden, or Designee--reviews CIM classification decisions for

all separation assignments.

(d) Removal. (1) Because participation in the Department of Justice

Witness Security Program is voluntary, such participants may request

removal from this assignment at any time. Such request shall be

forwarded to the Central Office Inmate Monitoring Section. Actual

removal of the CIM assignment will not occur until after approval from

the Department of Justice is received.

(2) The reviewing authority is responsible for determining if

removal or modification of any CIM classification other than a

Department of Justice Witness Security case is appropriate. The inmate

retains the CIM classification pending a decision by the reviewing

authority.

(3) When an inmate is removed for any reason from a CIM

classification (for example, because the reviewing authority either

disapproves the CIM classification or approves removal of a CIM

classification based on new information), the appropriate staff member

shall ensure that the relevant portions of the inmate central file are

either removed or, when part of a larger document, are amended to

clearly reflect removal of the CIM assignment. Staff shall notify the

inmate of the decision and document any change in the inmate's record,

and supportive documentation and the written basis for removal are to

be retained in the inmate privacy file.

Sec. 524.74 Activities clearance.

(a) Except as provided for in paragraph (b) of this section, the

Warden is the clearance authority on all transfers, temporary releases,

community activities, and escorted trips.

(b) Witness Security cases. Central Office Inmate Monitoring

Section staff shall be the clearance authority on all transfers,

temporary releases, community activities, and escorted trips for

Witness Security cases, except in a medical emergency. In a medical

emergency, the Warden may transfer a Witness Security case to a local

hospital for emergency medical care without prior clearance.

Sec. 524.75 Periodic review.

The Warden shall ensure that the status of an inmate's CIM

assignment is considered at each program review. When staff believe

that removal or modification of a CIM classification is appropriate,

the institution's CMC and the appropriate reviewing authority must be

notified. Only the reviewing authority shall determine if removal or

modification of the CIM classification is appropriate.

Sec. 524.76 Appeals of CIM classification.

An inmate may at any time appeal (through the Administrative Remedy

Program) the inmate's classification as a CIM case. Inmates identified

as Witness Security cases may choose to address their concerns directly

to the Inmate Monitoring Section, Central Office, rather than use the

Administrative Remedy Program.

[FR Doc. 96-19487 Filed 7-30-96; 8:45 am]

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