Correspondence: Restricted Special Mail Procedures

[[Page 5846]]

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1048-P]

RIN 1120-AA48

Correspondence: Restricted Special Mail Procedures

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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

its regulations on correspondence to provide for restricted special

mail procedures in instances where the Warden has reason to believe

that the special mail either has posed a threat or may pose a threat of

physical harm to the intended recipient. Under these procedures,

special mail addressed to Federal court officials, members of Congress,

or, if requested, by other intended special mail recipients would be

subject to inspection, in the presence of the inmate, for contraband or

the threat of physical harm. These amendments are intended to provide

for the continued efficient and secure operation of the institution and

to protect the public.

DATES: Comments must be received by April 15, 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 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).

Current provisions in Sec. 540.18(c) state that outgoing special

mail may be sealed by the inmate and is not subject to inspection. The

Bureau is revising paragraph (c) to allow for restricted special mail

procedures for special mail addressed to Federal court officials and

members of Congress, and, if so requested, to other intended

recipients. These restricted special mail procedures apply in cases

where the Warden (with the concurrence of the Regional Counsel)

documents in writing that the inmate's special mail either has posed a

threat or may pose a threat of physical harm to the intended recipient.

Any inmate placed on restricted special mail status would be notified

in writing by the Warden of the reason for being so placed. The Warden

is required to review an inmate's restricted special mail status at

least once every 180 days and to notify the inmate in writing of the

results of that review. The inmate may be removed from restricted

special mail status if the Warden (with the concurrence of the Regional

Counsel) determines that the inmate's special mail does not threaten or

pose a threat of physical harm to the intended recipient.

An example of a case in which the inmate's special mail may pose a

threat of physical harm is when an inmate's past criminal activity or

current behavior suggests a propensity to harm others through use of

the mail. Even though confined in an institution, an inmate convicted

of sending explosives through the mail may be capable of assembling a

device to be included in special mail, which poses a danger to the

intended recipient.

Procedures for restricted special mail allow staff to inspect

special mail material and then to observe the inmate sealing the

material. This procedure is not dissimilar to the Bureau's procedures

for the receipt of incoming special mail under which special mail

addressed to an inmate is opened in the presence of the inmate for

inspection for physical contraband and the qualification of any

enclosures as special mail.

The intent of this amendment is to apply the status of restricted

special mail only when the inmate's conduct warrants it. The Bureau

estimates that the vast majority of outgoing inmate special mail will

be unaffected by the amendment. An inmate who is so affected may appeal

the action through the administrative remedy procedure which is

available to inmates for the formal review of a complaint which relates

to the inmate's imprisonment.

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 (Pub. L. 96-354), does not have a significant impact on

a substantial number of small entities.

Interested persons may participate in this proposed 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 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 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 is revised 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. 540.18, paragraphs (c) and (d) are revised to read as

follows:

Sec. 540.18 Special mail.

* * * * *

(c) (1) Except as provided for in paragraph (c)(2) of this section,

outgoing special mail may be sealed by the inmate and is not subject to

inspection.

(2) Special mail shall be screened in accordance with the

provisions of paragraph (c)(2)(iii) of this section when the special

mail is being sent by an inmate who has been placed on restricted

special mail status and the special mail is addressed to a Federal

court official, a member of Congress, or to any other intended

recipient when that other intended recipient has requested such

treatment.

(i) An inmate may be placed on restricted special mail status if

the Warden, with the concurrence of the Regional Counsel, documents in

writing that the special mail either has posed a threat or may pose a

threat of physical harm to the recipient (e.g., the inmate has

previously used special mail to threaten physical harm to a recipient).

(ii) The Warden shall notify the inmate in writing of the reason

the inmate is being placed on restricted special mail status.

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(iii) An inmate on restricted special mail status must present all

materials and packaging intended to be sent as special mail to staff

for inspection. Staff shall inspect the special mail material and

packaging, in the presence of the inmate, for contraband or the threat

of physical harm. Upon completion of the inspection, staff shall return

the special mail material to the inmate if the material does not

contain contraband, or pose a threat of physical harm to the intended

recipient. The inmate must then seal the special mail material in the

presence of staff. Special mail determined to pose a threat to the

intended recipient shall be forwarded to the appropriate law

enforcement entity. Staff shall send a copy of the material, minus the

contraband, to the intended recipient along with notification that the

original of the material was forwarded to the appropriate law

enforcement entity.

(iv) The Warden shall review an inmate's restricted special mail

status at least once every 180 days. The inmate is to be notified of

the results of this review. An inmate may be removed from restricted

special mail status if the Warden determines, with the concurrence of

the Regional Counsel, that the special mail does not threaten or pose a

threat of physical harm to the intended recipient.

(v) An inmate on restricted mail status may seek review of the

restriction through the Administrative Remedy Procedure.

(d) Except for special mail processed in accordance with paragraph

(c)(2) of this section, staff shall stamp the following statement

directly on the back side of the inmate's outgoing special mail: ``The

enclosed letter was processed through special mailing procedures for

forwarding to you. The letter has neither been opened nor inspected. If

the writer raises a question or problem over which this facility has

jurisdiction, you may wish to return the material for further

information or clarification. If the writer encloses correspondence for

forwarding to another addressee, please return the enclosure to the

above address.''

[FR Doc. 96-3288 Filed 2-13-96; 8:45 am]

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