Religious Beliefs and Practices

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 548

[BOP 1011-F]

RIN 1120-AA17

Religious Beliefs and Practices

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule with request for comments.

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SUMMARY: In this document, the Bureau of Prisons is finalizing its

interim rule on religious beliefs and practices and is requesting

comment on a further revision regarding procedures for requesting

religious activities. This is intended to provide the inmate with

reasonable and equitable opportunity to pursue religious beliefs and

practices.

DATES: This final rule is effective August 22, 1997; comments on

Sec. 548.12 due by October 21, 1997.

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 finalizing its

interim rule on religious beliefs and practices which was published in

the Federal Register on September 6, 1995 (60 FR 46486). No comments

were received on the interim rule, and, except as noted below, the

Bureau is therefore adopting the interim regulation as final. In

adopting the rule as final, the Bureau is making an editorial change

(adding a serial comma in the first sentence) in Sec. 548.16(c) and is

making an administrative change (removing from the regulation details

on how staff document requests for religious diets) in Sec. 548.20(a)

and a grammatical correction in Sec. 548.20(b). In addition, the Bureau

is further revising and accepting comment on Sec. 548.12. Section

548.12 describes the duties of an institution chaplain. It is being

revised to note that institution chaplains are responsible for managing

religious activities within the institution and to indicate that the

chaplain may ask the requesting inmate to provide information regarding

specific religious practices for the purpose of making an informed

decision regarding the request.

The Bureau believes that requesting information regarding specific

religious practices is reasonable particularly when the request may

involve a new or unusual practice for which there is little available

written documentation. While the Bureau finds good cause for exempting

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

requiring notice of proposed rulemaking and delay in effective date for

the change to Sec. 548.12, the Bureau is implementing this change with

a request for further comment on this point. Members of the public may

submit comments concerning this rule by writing to the previously cited

address. These comments will be considered before Sec. 548.12 is

finalized.

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 548

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), the interim rule published

September 6, 1995 (60 FR 46486) is adopted as final with the following

changes.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 548--RELIGIOUS PROGRAMS

1. The authority citation for 28 CFR part 548 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), 5006-5024 (Repealed October 12, 1984 as to

offenses committed after that date), 5039; 28 U.S.C. 509, 510; 42

U.S.C. 1996; 28 CFR 0.95-0.99.

2. Section 548.12 is revised to read as follows:

Sec. 548.12 Chaplains.

Institution chaplains are responsible for managing religious

activities within the institution. Institution chaplains are available

upon request to provide pastoral care and counseling to inmates through

group programs and individual services. Pastoral care and counseling

from representatives in the community are available in accordance with

the provisions of Secs. 548.14 and 548.19. The chaplain may ask the

requesting inmate to provide information regarding specific requested

religious activities for the purpose of making an informed decision

regarding the request.

3. In Sec. 548.16, paragraph (c) is amended by revising the first

sentence to read as follows:

Sec. 548.16 Inmate religious property.

* * * * *

(c) An inmate who wishes to have religious books, magazines or

periodicals must comply with the general rules of the institution

regarding ordering, purchasing, retaining, and accumulating personal

property. * * *

Sec. 548.20 [Amended]

4. In Sec. 548.20, paragraph (a) is amended by removing the last

sentence and paragraph (b) is amended by revising the phrase ``agreed

to'' in the second sentence as ``agreed''.

[FR Doc. 97-22290 Filed 8-21-97; 8:45 am]

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