Searching and Detaining or Arresting Persons Other Than Inmates

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 511

[BOP 1066-P]

RIN 1120-AA61

Searching and Detaining or Arresting Persons Other Than Inmates

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 searching/detaining of non-inmates to authorize the

Warden to conduct visual searches of visitors suspected of introducing

contraband into a low and above security level institution (or

administrative institution, or in a pretrial or in a jail unit within

any security level institution) when there is reasonable suspicion that

the visitor possesses contraband or is introducing or attempting to

introduce contraband into the institution. Currently, such searches are

authorized at medium and higher security level institutions (or

administrative institution, or in a pretrial or in a jail unit within

any security level institution). This amendment is intended to provide

for the continued secure and safe operation of Bureau institutions.

DATES: Comments due by May 5, 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 searching/detaining non-inmates (28 CFR part 511,

subpart A. A final rule on this subject was published in the Federal

Register on November 1, 1984 (49 FR 44057) and was amended on July 18,

1986 (51 FR 26126), February 1, 1991 (56 FR 4159), and on February 8,

1994 (59 FR 5924).

Current regulations in Sec. 511.12(d) permit the Warden to

authorize a visual

[[Page 10165]]

search (visual inspection of all body surfaces and cavities) of a

visitor as a prerequisite to a visit in a medium or high security level

institution, or administrative institution, or in a pretrial or in a

jail (detention) unit within any security level institution when there

is reasonable suspicion that the visitor possesses contraband or is

introducing or attempting to introduce contraband into the institution.

Any visitor who objects to the search procedure has the option of

refusing and leaving the institution property, unless there is reason

to detain and/or arrest.

Low security level institutions, like medium and higher security

level institutions, maintain secure perimeter barriers and, to various

degrees, are characterized by security factors similar to those of

medium and higher security level institutions. Consistent with the

needs of these secure institutions, the Bureau proposes to authorize

the use of a visual search at low security level institutions. Minimum

security level institutions are unaffected by this proposal.

As an editorial change, the Bureau is also revising the title of

the regulation to ``Searching and Detaining or Arresting Persons Other

Than Inmates.'' This title more completely reflects the scope of the

regulation.

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. Because this rule

pertains to institution security requirements, its economic impact is

limited to the Bureau's appropriated funds.

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 511

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 511 in subchapter A of 28

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

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 511--GENERAL MANAGEMENT POLICY

1. The authority citation for 28 CFR part 511 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793,

3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed 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, 6.1.

2. In 28 CFR part 511, the heading for subpart B is revised to read

as follows:

Subpart B--Searching and Detaining or Arresting Persons Other Than

Inmates

3. In Sec. 511.12, paragraph (d) is revised to read as follows:

Sec. 511.12 Procedures for searching visitors.

* * * * *

(d) The Warden may authorize a visual search (visual inspection of

all body surfaces and cavities) of a visitor as a prerequisite to a

visit to an inmate in a low and above security level institution, or

administrative institution, or in a pretrial or in a jail (detention)

unit within any security level institution when there is reasonable

suspicion that the visitor possesses contraband or is introducing or

attempting to introduce contraband into the institution.

* * * * *

[FR Doc. 97-5398 Filed 3-4-97; 8:45 am]

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