Inmate Personal Property

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

its regulations on inmate personal property to allow for the

standardization of authorized personal property lists at Bureau

institutions and to facilitate procedures for the transportation of

personal property due to inmate transfer or release. This amendment is

intended to provide for the more efficient and secure operation of the

institution.

DATES: Comments must be submitted by May 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 proposing to amend

its regulations on inmate personal property (28 CFR part 553, subpart

B). A final rule on this subject was published in the Federal Register

April 29, 1983 (48 FR 19573).

Current regulations governing inmate personal property specify

that, consistent with the mission of the institution, each Warden shall

identify in writing that personal property which may be retained by an

inmate (see 28 CFR 553.10). Because of variations among institution

lists, when inmates transfer between institutions not all property

authorized at the sending institution may be considered authorized at

the receiving institution. Any unauthorized property is mailed at

government expense to another party of the inmate's choice.

In order to alleviate this problem, the Bureau is implementing a

standardized list of property which would be authorized for retention

at all institutions. The Warden retains the discretion to authorize

additional items for retention at his or her institution. Typically,

these additional items will be government-issued or perishable. The

Bureau proposes that this standardized property list become fully

implemented by November 1, 1997. Consequently, Sec. 553.10 is being

amended to refer to the standardized list and to additions authorized

by the Warden. Under this new procedure, less personal property being

transferred between institutions will be subject to rejection by the

receiving institution. Property authorized for retention by the Warden

in addition to the standardized list will be identified as such. Until

full implementation of this procedure (i.e., November 1, 1997), the

Bureau would continue to bear the cost of remailing to a non-Bureau

address of the inmate's choice any property which would not be

authorized by the receiving institution. After November 1, 1997, the

inmate would be responsible for the cost of such remailing.

Both the standardized list and the additional items authorized by

the Warden may include numerical limits on specific types of property

(for example, two pair of athletic shoes). Such numerical limits

reduces the reliance in the previous regulations on the amount of

storage as a determining factor in the retention of personal property

(former Sec. 553.11(a)(1) had stated ``Staff may allow an inmate to

retain that authorized property which the inmate may neatly and safely

store in the designated area''). Revised Sec. 553.11 now includes

reference to possible numerical limitations along with the procedures

for notifying inmates of such limits.

The provisions for storage space in new paragraph (b) contain a

clear statement that authorized personal property is to be stored in

the designated area. Specific provisions in the former regulations as

to the requirement to store special purchase items, commissary items,

correspondence, and reading materials have been removed to reduce

redundancy. New paragraphs (c) through (h) now focus on limitations

other than those imposed by space constraints. With respect to

clothing, new paragraph (c) provides that civilian clothing (i.e.,

clothing not issued to the inmate by the Bureau or purchased by the

inmate from the commissary) ordinarily is not authorized for retention

by the inmate. This is in keeping with the standardized list of

personal property. The regulations formerly allowed for some variation

(former Sec. 553.11(b), ``Staff may allow an inmate to retain that

clothing, whether civilian (at institutions where authorized) or

institution . . .''). Under new paragraph (c), such civilian clothing

possessed by current inmates could be retained no later than November

1, 1997. New paragraphs (d) and (e) are unchanged and are being

republished here for ease of review. New paragraph (f) is merely being

redesignated from former paragraph (g) and is also being republished

for ease of review.

Section 553.14 has been revised to address more completely

procedures for the shipment or disposal of property due to inmate

transfer and release. The revised procedures allow for more flexibility

in shipping property. As mentioned above, until November 1, 1997, these

procedures continue to provide for the remailing, at Bureau expense, of

personal property not authorized for retention by the receiving

institution. After that date, the inmate would be responsible for such

costs. Because the standardized list would be fully implemented by that

date, the Bureau expects that there would be substantially reduced need

for such remailings.

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.

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 553

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 553 in subchapter C of 28

CFR, chapter V is proposed to be amended as set forth below.

Subchapter C--Institutional Management

PART 553--INMATE PROPERTY

1. The authority citation for 28 CFR part 553 is revised to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,

4081, 4082 (Repealed

[[Page 14441]]

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

4126, 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. Section 553.10 is amended by revising the last sentence to read

as follows:

Sec. 553.10 Purpose and scope.

* * * Consistent with the mission of the institution, each Warden

shall identify in writing that personal property which may be retained

by an inmate in addition to that personal property which has been

approved by the Director for retention at all institutions.

3. Section 553.11 is revised to read as follows:

Sec. 553.11 Limitations on inmate personal property.

(a) Numerical limitations. Authorized personal property may be

subject to numerical limitations. The institution's Admission and

Orientation program shall include notification to the inmate of any

numerical limitations in effect at the institution and a current list

of any numerical limitations shall be posted on inmate unit bulletin

boards.

(b) Storage space. Staff shall set aside space within each housing

area for use by an inmate. The designated area shall include a locker

or other securable area in which the inmate is to store authorized

personal property. The inmate shall be allowed to purchase an approved

locking device for personal property storage in regular living units.

Staff may not allow an inmate to accumulate materials to the point

where the materials become a fire, sanitation, security, or

housekeeping hazard.

(c) Clothing. Civilian clothing (i.e., clothing not issued to the

inmate by the Bureau or purchased by the inmate from the commissary)

ordinarily is not authorized for retention by the inmate. Civilian

clothing which previously had been approved for retention may not be

retained after November 1, 1997. Prerelease civilian clothing for an

inmate may be retained by staff in the Receiving and Discharge area

during the last 30 days of the inmate's confinement.

(d) Legal materials. Staff may allow an inmate to retain those

legal materials which are necessary for an inmate's legal actions.

Legal reference materials, such as books, may be retained if such

materials are not available in the institution library. To ensure that

materials do not become a fire, sanitation, security, or housekeeping

hazard, each institution may establish a limit on the amount of, and

storage location for, legal materials in the inmate's living area.

Staff may authorize additional storage space, on a temporary, short-

term basis, to an inmate who demonstrates a need for additional

material in connection with that inmate's on-going litigation.

(e) Hobbycraft materials. Staff shall limit an inmate's hobby shop

projects within the cell or living area to those projects which the

inmate may store in designated personal property containers. Staff may

make an exception for an item (for example, a painting) where size

would prohibit placing the item in a locker. This exception is made

with the understanding that the placement of the item is at the

inmate's own risk. Staff shall require that hobby shop items be removed

from the living area when completed, and be disposed of in accordance

with the provisions of part 544, subpart D.

(f) Radios and watches. An inmate may possess only one approved

radio and one approved watch at a time. The inmate must be able to

demonstrate proof of ownership. An inmate who purchases a radio or

watch through a Bureau of Prisons commissary is ordinarily permitted

the use of that radio or watch at any Bureau institution if the inmate

is later transferred. If the inmate is not allowed to use the radio or

watch at the new institution, the inmate shall be permitted to mail, at

the receiving institution's expense, the radio or watch to a

destination of the inmate's choice. Where the inmate refuses to provide

a mailing address, the radio and/or watch may be disposed of through

approved methods, including destruction of the property.

(g) Education program materials. Education program materials or

current correspondence courses may be retained even if not stored as

provided in paragraph (b) of this section.

(h) Personal photos. An inmate may possess photographs, subject to

the limitations of paragraph (b) of this section, so long as they are

not detrimental to personal safety or security, or to the good order of

the institution.

4. Section 553.14 is revised to read as follows:

Sec. 553.14 Inmate transfer between institutions and inmate release.

(a) Except as provided for in paragraphs (a) (1) through (3) of

this section, authorized personal property shall be shipped by staff to

the receiving institution.

(1) The Warden ordinarily shall allow an inmate transferring to

another institution to transport personal items determined necessary or

appropriate by staff and, if applicable, legal materials for active

court cases.

(2) The Warden may require or allow an inmate who is transferring

to another institution under furlough conditions to transport all the

inmate's authorized personal property with him or her.

(3) An inmate who is being released or who is transferring to a

Community Corrections Center may arrange to ship personal property at

the inmate's expense. The inmate is responsible for transporting any

personal property not so shipped.

(b) If the inmate's personal property is not authorized for

retention by the receiving institution, staff at the receiving

institution shall arrange for the inmate's excess personal property to

be mailed to a non-Bureau destination of the inmate's choice. Until

November 1, 1997, the receiving institution shall bear the expense for

this mailing. After November 1, 1997, the inmate shall bear the expense

for this mailing.

(c) Whenever the inmate refuses to provide a mailing address for

return of the property or, when required, refuses to bear the expense

of mailing the property, the property is to be disposed of through

approved methods, including destruction of the property.

[FR Doc. 96-7815 Filed 3-29-96; 8:45 am]

BILLING CODE 4410-05-P