Correspondence: Inspection of Outgoing General Correspondence

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP 1094-P]

RIN 1120-AA89

Correspondence: Inspection of Outgoing General Correspondence

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 correspondence to require that outgoing inmate

general correspondence at all institutions may not be sealed and may be

read and inspected by staff. This amendment is intended to provide for

the continued efficient and secure operation of the institution and to

protect the public. This amendment does not apply to special mail.

DATES: Comments due by September 27, 1999.

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 correspondence (28 CFR part 540, subpart B). Current

regulations on this subject were published in the Federal Register on

October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56

FR 4159), and on December 18, 1995 (61 FR 65204).

Current provisions on general correspondence specify that outgoing

general mail from inmates in a minimum or low security level

institution may be sealed by the inmate and sent out unopened and

uninspected under certain circumstances. Outgoing general mail from

inmates in medium, high, and administrative facilities may not be

sealed by the inmate and is subject to inspection. As part of a general

review of security measures at Bureau institutions, the Bureau is

proposing to require that general mail from all inmates, regardless of

institution security level, be sent out unsealed and subject to

inspection. Special mail is unaffected by this amendment.

The Bureau believes that inspection of outgoing mail from inmates

in minimum or low security level institutions is consistent with the

application of other Bureau policies pertaining to contacts with the

public. This amendment serves to ensure the secure operation of all

institutions by reducing the potential for inmates to use sealed mail

for criminal activity.

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.

Executive Order 12866

This rule falls within a category of actions that the Office of

Management and Budget (OMB) has determined not to constitute

``significant regulatory actions'' under section 3(f) of Executive

Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

This regulation will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Regulatory Flexibility Act

The Director of the Bureau of Prisons, in accordance with the

Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies that this regulation will not

have a significant economic impact upon a substantial number of small

entities for the following reasons: 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 its

economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and

tribal governments, in the aggregate, or by the private sector, of

$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Fairness Act of 1996. This rule

will not result in an annual effect on the economy of $100,000,000 or

more; a major increase in costs or prices; or significant adverse

effects on competition, employment, investment, productivity,

innovation, or on the ability of United States-based companies to

compete with foreign-based companies in domestic and export markets.

Plain Language Instructions

We try to write clearly. If you can suggest how to improve the

clarity of these regulations, call or write Roy Nanovic at the address

given above.

List of Subjects in 28 CFR Part 540

Prisoners.

Kathleen Hawk Sawyer,

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. 540.14, paragraph (b) is revised, paragraph (c) is

removed, and paragraph (d) is redesignated as new paragraph (c).

Sec. 540.14 General correspondence.

* * * * *

(b) Except for ``special mail,'' all outgoing mail from an inmate

(whether sentenced or unsentenced) may not be

[[Page 40719]]

sealed by the inmate and may be read and inspected by staff.

* * * * *

[FR Doc. 99-19067 Filed 7-26-99; 8:45 am]

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