Good Conduct Time

SUMMARY: In this document, the Bureau of Prisons is issuing interim

regulations for the awarding of good conduct time pursuant to the

Prison Litigation Reform Act of 1995 (PLRA). Pursuant to the PLRA, in

awarding good conduct time credit, the Bureau shall consider whether

the inmate, during the relevant period, has earned, or is making

satisfactory progress toward earning, a high school diploma or

equivalent degree. This interim rule provides that an inmate subject to

the PLRA shall be awarded the full 54 days credit for good conduct time

(prorated when the time served by the inmate for the sentence during

the year is less than a full year) if the inmate has earned or is

making satisfactory progress toward earning a General Educational

Development (GED) credential. The interim rule further provides that an

inmate subject to the PLRA shall be awarded 42 days credit for good

conduct time per year (prorated when the time served by the inmate for

the sentence during the year is less than a full year) if the inmate

has not earned or is not making satisfactory progress toward earning a

GED credential. The amount of good conduct time awarded is also subject

to disciplinary disallowance.

DATES: Effective November 3, 1997; comments must be submitted by

November 25, 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 adopting interim

regulations for the awarding of good conduct time for certain inmates.

The awarding and vesting of good conduct time at a rate of 54 days per

year (prorated when the time served by the inmate for the sentence

during the year is less than a full year) had been clearly stated by

statute since the implementation of the Sentencing Reform Act of 1984.

The actual awarding of good conduct time occurs annually on the date

marking the anniversary of the inmate's completion of one year in

Federal custody. The awarding of good conduct time is also subject to

disciplinary disallowance (see Tables 3 through 6 in 28 CFR 541.13).

Further statutory mandates on vesting good conduct time were added

by the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA)

and by the PLRA. Under the Sentencing Reform Act of 1984, good conduct

time vested annually. Section 20412 of VCCLEA required, among other

things, that credit toward an inmate's service of sentence shall not be

vested unless the inmate has earned or is making satisfactory progress

toward a high school diploma or an equivalent degree. Section 809 of

the PLRA requires, among other things, that credit toward an inmate's

service of sentence shall vest on the date the inmate is released from

custody, and that in awarding credit, the Bureau shall consider whether

the prisoner, during the relevant period, has earned, or is making

satisfactory progress toward earning, a high school diploma or an

equivalent degree. This interim regulation is being issued for the

purpose of implementing the discretionary provision of the PLRA

pertaining to the awarding of good conduct time.

Regulations for the Bureau's literacy program have been revised to

include a definition of ``satisfactory progress'' (28 CFR 544.73(b)).

The revised regulations are published elsewhere in today's Federal

Register. Pursuant to that definition, an inmate shall be deemed to be

making satisfactory progress toward earning a GED credential or high

school diploma unless and until the inmate receives a progress

assignment confirming that the inmate refuses to enroll in the literacy

program, that the inmate has been found to have committed a prohibited

act that occurred in a literacy program during the last 240 hours of

the inmate's most recent enrollment in the literacy program, or that

the inmate has withdrawn from the literacy program. An inmate who

receives a progress rating that the inmate is not making satisfactory

progress shall be deemed to be making satisfactory progress only after

the inmate has received a new progress assignment that the inmate has

been continuously enrolled in a literacy program for a minimum of 240

instructional hours. Any further withdrawal or finding that the inmate

has committed a prohibited act that occurred in a literacy classroom

during the last 240 instructional hours of the literacy program shall

result in a progress assignment indicating that the inmate is again not

making satisfactory progress.

An inmate who is subject to the requirements of VCCLEA (i.e., an

inmate who has been convicted of an offense committed on or after

September 13, 1994 but before April 26, 1996) therefore may have his or

her good conduct time vest if he or she possesses a high school

diploma, a GED credential, or is making satisfactory progress toward

attaining a GED. An inmate who is subject to the PLRA (i.e., an inmate

who has been convicted of an offense committed on or after April 26,

1996) is awarded credit upon Bureau consideration whether the inmate

has earned or is making satisfactory progress toward earning a high

school diploma or an equivalent degree. By statute, good conduct time

awarded to such inmate does not vest until the inmate is released from

custody. The Bureau has determined (see new Sec. 523.20) that when a

PLRA inmate has not earned a high school diploma and is not making

satisfactory progress toward earning a GED credential, the inmate shall

be awarded 42 days of good conduct time rather than 54 days (prorated

when the time served by the inmate during the year is less than a full

year). The amount of good conduct time to be awarded is also subject to

disciplinary disallowance.

The Bureau is publishing this regulation as an interim rule in

order to solicit public comment. Members of the public may submit

comments concerning this rule by writing to the previously cited

address. Comments received before expiration of the deadline will be

considered before the rule is finalized. Comments received after

expiration of the deadline will be considered to the extent

practicable.

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 pursuant to E.O. 12866. 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.

[[Page 50787]]

List of Subjects in 28 CFR Part 523

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 523 in subchapter B of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 523--COMPUTATION OF SENTENCE

1. The authority citation for 28 CFR part 523 is revised to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1,

1987 as to offenses committed on or after that date), 3621, 3622,

3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct

occurring on or after November 1, 1987), 4161-4166 (repealed October

12, 1984 as to offenses committed on or after November 1, 1987),

5006-5024 (Repealed October 12, 1984 as to conduct occurring after

that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.

2. A new subpart C, consisting of Sec. 523.20, is added to read as

follows:

Subpart C--Good Conduct Time

Sec. 523.20 Good conduct time.

Pursuant to 18 U.S.C. 3624(b), as in effect for offenses committed

on or after November 1, 1987 but before April 26, 1996, an inmate earns

54 days credit toward service of sentence (good conduct time credit)

for each year served. This amount is prorated when the time served by

the inmate for the sentence during the year is less than a full year.

The amount to be awarded is also subject to disciplinary disallowance

(see Tables 3 through 6 in Sec. 541.13 of this chapter). Pursuant to 18

U.S.C. 3624(b), as in effect for offenses committed on or after April

26, 1996, the Bureau shall consider whether the inmate has earned, or

is making satisfactory progress (see Sec. 544.73(b) of this chapter)

toward earning a General Educational Development (GED) credential

before awarding good conduct time credit.

(a) When considering good conduct time for an inmate serving a

sentence for an offense committed on or after April 26, 1996, the

Bureau shall award:

(1) 54 days credit for each year served (prorated when the time

served by the inmate for the sentence during the year is less than a

full year) if the inmate has earned or is making satisfactory progress

toward earning a GED credential or high school diploma; or

(2) 42 days credit for each year served (prorated when the time

served by the inmate for the sentence during the year is less than a

full year) if the inmate has not earned or is not making satisfactory

progress toward earning a GED credential or high school diploma.

(b) The amount of good conduct time awarded for the year is also

subject to disciplinary disallowance (see Tables 3 through 6 in

Sec. 541.13 of this chapter).

[FR Doc. 97-25533 Filed 9-25-97; 8:45 am]

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