Correspondence: Pretrial Inmates

SUMMARY: In this document, the Bureau of Prisons is proposing to amend

its regulations on correspondence to require that general mail from

pretrial inmates may not be sealed and may be read and inspected by

staff. This amendment is intended to provide for the continued

efficient and secure operation of the institution and to protect the

public.

DATES: Comments must be received by February 7, 1997.

ADDRESSES: Rules Unit, 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 proposing to amend

its regulations on correspondence (28 CFR part 540, subpart B). Current

regulations on this subject were published in the Federal Register on

October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56

FR 4159) and on December 18, 1995 (60 FR 65204).

Current provisions on general correspondence in Sec. 540.14 (b) and

(c) specify that outgoing general mail from pretrial inmates may be

sealed by the inmate and are not subject to inspection by staff. The

Bureau is proposing to require that general mail from pretrial inmates

be sent out unsealed and subject to inspection. This requirement

matches the requirement for general mail from sentenced inmates in

medium, high, and administrative facilities. Ordinarily, pretrial

inmates are housed in administrative facilities. Because pretrial

inmates are not classified as to levels of security (as sentenced

inmates are), the proposed requirement will apply to pretrial inmates

even if they happen to be housed in minimum or low facilities. Special

mail, whether from pretrial inmates or sentenced inmates, would be

unaffected by this amendment.

The Bureau believes that inspection of outgoing mail from pretrial

inmates is consistent with the application of other Bureau policies

pertaining to contacts with the public. For example, general

correspondence sent to pretrial inmates is already subject to

inspection and telephone calls for pretrial inmates are treated the

same as calls for sentenced inmates with respect to monitoring. This

amendment also serves to ensure the secure operation of institutions by

reducing the potential for inmates to use sealed mail to plan escape

attempts. Pretrial inmates are ordinarily confined in Bureau facilities

after a motion for detention by an Assistant United States Attorney (18

U.S.C. 3142(a)) and a detention hearing conducted by a U.S. Magistrate

Judge. Often, the detention order reflected a finding by the Judge that

the pretrial inmate is a flight risk and/or a threat to the community

and requires confinement in order to ensure the pretrial inmate's

presence at all court hearings and trial. While pretrial inmates retain

the presumption of innocence, the unsettled nature of their status may

lead to misuse of the correspondence privilege. Further, treating

outgoing mail from pretrial inmates the same as outgoing mail from

sentenced inmates simplifies mailroom procedures at those institutions

which currently house a mix of pretrial and sentenced inmates.

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

significant regulatory action for the purpose of E.O. 12866, and

accordingly 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

impact on a substantial number of small entities. Because this rule

pertains to the correctional management of persons 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.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the Rules Unit,

Office of General Counsel, 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. Comment

received after the expiration of the comment period will be considered

to the extent practicable. All comments received remain on file for

public inspection at the above address. The proposed rule may be

changed in light of the comments received. No oral hearings are

contemplated.

List of Subjects in 28 CFR Part 540

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 540 in subchapter C of 28

CFR, chapter V is 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, 3621, 3622,

3624, 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. 540.14, paragraphs (b) and (c) are revised to read as

follows:

Sec. 540.14 General correspondence.

* * * * *

(b) Except for ``special mail,'' outgoing mail from a pretrial

inmate may not be sealed by the inmate and may be read and inspected by

staff.

(c)(1) Outgoing mail from a sentenced inmate in a minimum or low

security level institution may be sealed by the inmate and, except as

provided for in paragraphs (c)(1) (i) through (iv) of this section, is

sent out unopened and uninspected. Staff may open a sentenced inmate's

outgoing general correspondence:

(i) If there is reason to believe it would interfere with the

orderly running of the institution, that it would be threatening to the

recipient, or that it would facilitate criminal activity;

(ii) If the inmate is on a restricted correspondence list;

(iii) If the correspondence is between inmates (see Sec. 540.17);

or

(iv) If the envelope has an incomplete return address.

(2) Except for ``special mail,'' outgoing mail from a sentenced

inmate in a medium or high security level institution, or an

administrative institution may not be sealed by the inmate and may be

read and inspected by staff.

* * * * *

[FR Doc. 96-31160 Filed 12-6-96; 8:45 am]

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