Inmate Financial Responsibility Program: Spending Limitations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545

[BOP-1050-F]

RIN 1120-AA49

Inmate Financial Responsibility Program: Spending Limitations

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) is amending

its regulations on the inmate financial responsibility program (IFRP)

to impose a spending limitation of at least $25 per month upon the

commissary purchases of IFRP refusees, excluding the purchase of

stamps, telephone credits, and, if purchased by a common fare

participant, Kosher/Halal certified shelf-stable entrees. Additional

changes to the regulations are also being made for the sake of clarity,

editorial consistency, and for administrative efficiency. These actions

are intended to encourage inmates to participate in the IFRP.

EFFECTIVE DATE: January 27, 2000.

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, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is amending

its regulations on the inmate financial responsibility program (IFRP)

(28 CFR part 545, subpart B). A proposed rule on this subject was

published in the Federal Register on January 2, 1996 (61 FR 92).

In accordance with provisions of the Settlement Agreement in

Washington v. Reno, section III A, the Bureau proposed a rule requiring

only debit telephone calling privileges for inmates who refuse to

participate in the IFRP, and to limit such debit calling privileges to

60 minutes of debit calls per month. This proposed limitation would not

take effect until installation of the Bureau's new nation-wide inmate

telephone system, per terms of the settlement in Washington v. Reno.

Because that telephone system has not been installed, the Bureau cannot

finalize that rule at this time.

The Bureau also proposed to amend 28 CFR 545.11(d)(6) with respect

to the monthly commissary spending limitation imposed upon inmates who

refuse to participate in the IFRP. This provision previously prohibited

inmates who refuse to participate in IFRP from purchasing any items in

excess of the monthly spending limitation for all inmates, including

special purchase items like sports equipment, hobby crafts, etc. The

Bureau had proposed to revise this provision to impose upon IFRP

refusees a more stringent monthly spending limitation than that imposed

upon all inmates. Pursuant to the terms of the settlement in Washington

v. Reno, the proposed rule specified that the monthly spending

limitation upon IFRP refusees shall be at least $25 per month and

excludes purchases of stamps and telephone credits. No comment was

received on this aspect of the proposed rule. The Bureau is adopting

this same proposed provision as final, except that the Bureau has

expanded the list of items excluded from the more stringent spending

limitation to include purchases by a common fare participant of Kosher/

Halal certified shelf-stable entrees. As a further clarification, the

final rule states that purchases of stamps, phone credits, and shelf-

stable Kosher/Halal items remain subject to the limitations set forth

in Bureau regulations and policies for these items.

The Bureau is making additional changes to Sec. 545.11 for the sake

of clarity, editorial consistency, and for administrative efficiency.

In the introductory text of paragraph (b), the provisions describing

the financial plan calculation have been revised for the sake of

clarity. In paragraph (b)(2), the designated official for approving

allotments less the 50% minimum is now the Unit Manager rather than the

Warden. This delegation is being made for reasons of administrative

efficiency. In (b)(9) the concluding punctuation has been revised for

editorial consistency. Finally, in paragraph (d)(2) the Bureau is

clarifying that IFRP refusees may be eligible for medical furloughs.

Interested persons may submit further comments concerning this rule

by writing to the Rules Unit, Bureau of Prisons, 320 First Street, NW,

HOLC Room 754, Washington, DC 20534. These comments will be considered

but will receive no response in the Federal Register.

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 Sec. 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, Rules Unit,

Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 First

Street, NW., Washington, DC 20534.

[[Page 72799]]

List of Subjects in 28 CFR Part 545

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 545 in subchapter C of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 545--WORK AND COMPENSATION

1. The authority citation for 28 CFR part 545 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622,

3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1, 1987), 4126, 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. 545.11, the introductory text of paragraph (b) is

amended by removing the third sentence and adding two new sentences in

its place, paragraph (b)(2) is amended by revising the second sentence,

paragraphs (d)(2) and (d)(6) are revised, and paragraph (d)(9) is

amended by removing the period and adding in its place a semi-colon:

Sec. 545.11 Procedures.

* * * * *

(b) Payment. * * * In developing an inmate's financial plan, the

unit team shall first subtract from the trust fund account the inmate's

minimum payment schedule for UNICOR or non-UNICOR work assignments, set

forth in paragraphs (b)(1) and (b)(2) of this section. The unit team

shall then exclude from its assessment $75.00 a month deposited into

the inmate's trust fund account. * * *

* * * * *

(2) * * * Any allotment which is less than the 50% minimum must be

approved by the Unit Manager. * * *

* * * * *

(d) * * *

(2) The inmate will not receive any furlough (other than possibly

an emergency or medical furlough);

* * * * *

(6) The inmate shall be subject to a monthly commissary spending

limitation more stringent than the monthly commissary spending

limitation set for all inmates. This more stringent commissary spending

limitation for IFRP refusees shall be at least $25 per month, excluding

purchases of stamps, telephone credits, and, if the inmate is a common

fare participant, Kosher/Halal certified shelf-stable entrees to the

extent that such purchases are allowable under pertinent Bureau

regulations;

* * * * *

[FR Doc. 99-33484 Filed 12-27-99; 8:45 am]

BILLING CODE 4410-05-P