Visiting: Notification to Visitors

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

the inmate responsible for having a release authorization form mailed

to the proposed visitor in instances where a background investigation

is necessary before the visitor can be approved. This amendment is

intended to increase consistency in Bureau operations and to reduce the

cost to the government in processing additions to an inmate's visitor's

list.

DATES: Comments due by November 10, 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 visiting (28 CFR part 540, subpart D). A final rule

on this subject was published in the Federal Register June 30, 1980 (45

FR 44232) and was amended July 18, 1986 (51 FR 26127), February 1, 1991

(56 FR 4159), and July 21, 1993 (58 FR 39095).

Current provisions in Sec. 540.51(b)(3) state that the inmate may

be held responsible for having a release authorization form forwarded

to a proposed visitor in instances when a background investigation is

necessary before approving a visitor (for example, when the proposed

visitor is not a member of the inmate's immediate family). Under the

discretionary authority in paragraph (b)(3), some institutions already

require the inmate to forward the form. In the interest of reducing

processing costs to the government and for the sake of consistency, the

Bureau is proposing to require that the inmate shall be held

responsible for having the authorization form forwarded to a proposed

visitor when a background investigation is necessary.

When deemed appropriate by staff, staff may assist an inmate in

filling out the authorization form (for example, when the inmate is

illiterate, or when the inmate is unable to complete the form because

of a medical condition). The inmate, however, remains responsible for

postage costs. Separately stated regulations on inmate correspondence

ensure that an inmate who has neither funds nor sufficient postage

shall be provided postage stamps for mailing a reasonable number of

letters at government expense to enable the inmate to maintain

community ties (see 28 CFR 540.21(e)). An inmate without funds,

therefore, is still capable of obtaining postage for an authorization

form to a proposed visitor.

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, within the meaning of

the Act. 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, and the conditions of confinement preclude such

offenders from conducting a business.

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.

Comments 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. 540.51, paragraph (b)(3) is amended by revising the

first sentence to read as follows:

Sec. 540.51 Procedures.

* * * * *

(b) * * *

(3) If a background investigation is necessary before approving a

visitor, the inmate shall be held responsible for mailing a release

authorization form to the proposed visitor. * * *

[FR Doc. 97-24156 Filed 9-10-97; 8:45 am]

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