Editorial Amendments for Classification and Program Review; Inmate Discipline; Education, Training, and Leisure Time Program Standards; and Release Gratuities

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

its regulations to remove obsolete provisions, update cross-references,

or to clarify procedures. More specifically, the regulations for

classification and program review are amended by removing procedures

for the preparation of a now obsolete form (the staff summary report)

and to include a cross reference to regulations for pretrial inmates;

the regulations on inmate discipline are amended by substituting

control unit programs for references to United States Penitentiary,

Marion; the regulations on education, training, and leisure time

program standards are amended to update the reference to the release

preparation program; and the regulations for release gratuities are

amended to minimize confusion regarding statutory limits on maximum

amounts. These amendments are intended to maintain the efficient

operation of the institution and the Bureau.

EFFECTIVE DATE: September 10, 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 classification and program review; inmate discipline and

special housing units; education, training, and leisure-time program

standards; and on release gratuities, transportation, and clothing. A

final rule on classification and program review (28 CFR part 524,

subpart B) was published in the Federal Register on July 3, 1991 (56 FR

30676) and was amended on August 5, 1992 (57 FR 34662) and on June 27,

1995 (60 FR 33320). A final rule on inmate discipline and special

housing units (28 CFR part 541, subpart B) was published on January 5,

1988 (53 FR 197) and was amended on October 17, 1988 (53 FR 40686),

September 22, 1989 (54 FR 38987 and 39095), February 1, 1991 (56 FR

4159), July 10, 1991 (56 FR 31530), June 2, 1992 (57 FR 23260), and

July 21, 1993 (58 FR 39095). A final rule on education, training, and

leisure time program standards was published on December 16, 1993 (58

FR 65852). A final rule on release gratuities, transportation, and

clothing (28 CFR part 571, subpart C) was published on May 21, 1991 (56

FR 23480).

The regulations on classification and program review

(Sec. 524.12(f)) require Bureau staff to prepare a summary for inmates

applying for a transfer under the treaty transfer program, for study

and observation cases, and for inmates for whom no presentence

investigation is available. This information need no longer be required

under regulations for classification and program review because

equivalent information is obtained either as part of the court-ordered

study and observation, by revised regulations issued for treaty

transfer cases (see 28 CFR 527, subpart E), or is provided by the

Probation Office in lieu of a Presentence Investigation Report. The

Bureau is therefore removing paragraph (f) and that portion of the text

in Sec. 524.16 which had been pertinent to study and observation cases

(``except for the preparation of a staff summary as noted in

Sec. 524.12(f) of this part''). A new Sec. 524.17 has been added to

refer to existing regulations pertinent to pretrial inmates. Additional

editorial changes include the correction of a typographical error in

Sec. 524.12(c) and an updated reference in Sec. 524.15 to the recently

retitled Administrative Remedy Program.

The regulations on inmate discipline and special housing required

that staff ordinarily within 90 days of an inmate's placement in post-

disciplinary detention shall return the inmate (with the exception of

inmates in the United States Penitentiary, Marion, or pretrial inmates)

to the general inmate population or request transfer to a more suitable

institution (Sec. 541.22(a)(6)(i)). Further provisions covered review

of the status of such inmates (Sec. 541.22(a)(6)(ii) and (iii)).

Because of a mission change for the United States Penitentiary, Marion,

(which had served as a control unit) this requirement is no longer

technically correct, and the Bureau is therefore replacing the

reference to that specific institution with a generic reference to

control unit programs. This revision obviates the need to make future

adjustments to these regulations based upon changes in the location of

a control unit program. Regulations for the operation of control unit

programs are contained in 28 CFR part 541, subpart D.

The regulations for education, training, and leisure-time program

standards are amended to update the reference in Sec. 544.81(g) to the

retitled release preparation program.

The regulations for release gratuities had noted that the maximum

for a discretionary gratuity was $500 and referenced 18 U.S.C. 3624(d)

as the authorizing statute (Sec. 571.20). This statute pertains to

offenders sentenced under the provisions of the Sentencing Reform Act

(18 U.S.C. Chapter 227). Inmates sentenced under the former provisions

of that Chapter continue to be subject to the statutory limitation of

$100 authorized by 18 U.S.C. 4281. In order to eliminate false

expectations in those inmates governed by 18 U.S.C. 4281 as to the

amount of a possible gratuity, the Bureau has reworded the provision to

state that a discretionary gratuity may be granted up to the amount

permitted by statute.

Because these amendments are administrative in nature and impose no

additional restrictions on 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.

[[Page 47795]]

List of Subjects in 28 CFR Parts 524, 541, 544, 571

Prisoners.

Peter M. Carlson,

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), parts 524, 541, 544, and 571 in

subchapters B, C, and D respectively, of 28 CFR, chapter V are 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; 28 CFR 0.95-0.99.

Sec. 524.12 [Amended]

2. In Sec. 524.12, paragraph (c) is amended by revising the phrase

``at attend'' in the third sentence to read ``to attend'', and

paragraph (f) is removed.

Sec. 524.15 [Amended]

3. Section 524.15 is amended by revising the phrase

``Administrative Remedy Procedure'' to read ``Administrative Remedy

Program''.

4. Section 524.16 is revised to read as follows:

Sec. 524.16 Study and observation cases.

Inmates committed to the custody of the U.S. Attorney General for

purposes of study and observation are excluded from the provisions of

this rule.

5. A new Sec. 524.17 is added to subpart B to read as follows:

Sec. 524.17 Pretrial inmates.

Additional provisions pertinent to pretrial inmates are contained

in Sec. 551.107 of this chapter.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

6. The authority citation for 28 CFR part 541 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), 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; 28

CFR 0.95-0.99.

7. In Sec. 541.22, paragraph (a)(6) (i), (iii), and (iv) are

revised to read as follows:

Sec. 541.22 Administrative detention.

* * * * *

(a) * * *

(6) * * *

(i) Except for pretrial inmates or inmates in a control unit

program, staff ordinarily within 90 days of an inmate's placement in

post-disciplinary detention shall either return the inmate to the

general inmate population or request regional level assistance to

effect a transfer to a more suitable institution.

* * * * *

(iii) Staff in a control unit will attempt to adhere to the 90-day

limit for an inmate's placement in post-disciplinary detention. Because

security needs required for an inmate in a control unit program may not

be available outside of post-discipline detention, the Warden may

approve an extension of this placement upon determining in writing that

it is not practicable to release the inmate to the general inmate

population or to effect a transfer to a more suitable institution.

(iv) The appropriate Regional Director and the Assistant Director,

Correctional Programs Division, shall review (for purpose of making a

disposition) the case of an inmate in a control unit program not

transferred from post-disciplinary detention within the 90-day time

frame specified in paragraph (a)(6)(iii) of this section. A similar,

subsequent review shall be conducted every 60-90 days if post-

disciplinary detention continues for this extended period.

* * * * *

PART 544--EDUCATION

8. The authority citation for 28 CFR part 544 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 conduct occurring on or after

November 1, 1987), 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.

9. In Sec. 544.81, paragraph (g) is revised to read as follows:

Sec. 544.81 Program goals.

* * * * *

(g) Participate in a Release Preparation program; and

* * * * *

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

10. The authority citation for 28 CFR part 571 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in

part as to offenses committed on or after November 1, 1987), 3582,

3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1, 1987), 4161-4166, and

4201-4218 (Repealed as to offenses committed on or after November 1,

1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed

after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art.

II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

11. Section 571.20 is revised to read as follows:

Sec. 571.20 Purpose and scope.

It is the policy of the Bureau of Prisons that an inmate being

released to the community will have suitable clothing, transportation

to the inmate's release destination, and some funds to use until he or

she begins to receive income. Based on the inmate's need and financial

resources, a discretionary gratuity up to the amount permitted by

statute may be granted.

[FR Doc. 96-23045 Filed 9-9-96; 8:45 am]

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