Federal Prison Industries (FPI) Inmate Work Programs: Eligibility

Part II

Department of Justice

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Federal Prison Industries, Inc.

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28 CFR Part 345

Federal Prison Industries (FPI) Inmate Work Programs; Eligibility;

Proposed Rule

Proposed Rules

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DEPARTMENT OF JUSTICE

Federal Prison Industries, Inc.

28 CFR Part 345

[BOP-1062-P]

RIN 1120-AA57

Federal Prison Industries (FPI) Inmate Work Programs: Eligibility

AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, Justice.

ACTION: Proposed rule.

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

from consideration for Federal Prison Industries (FPI) work assignments

pretrial inmates or any inmate currently under an order for deportation

or removal. In addition, any pretrial inmate or inmate in an FPI work

assignment currently under a deportation or removal order shall be

removed immediately and shall be reassigned to a non-FPI work

assignment for which the inmate is eligible. This amendment is intended

to help ensure that FPI work assignments ordinarily will be allocated

to sentenced inmates who will be returning to the community within,

rather than outside, the United States upon release.

DATES: Comments due by June 30, 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 proposing to amend

its regulations on Federal Prison Industries (FPI) inmate work

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

Register on March 27, 1995 (60 FR 15826) and was amended on November

20, 1996 (61 FR 59168).

Pursuant to statutory authority, it is the policy of the Federal

Government that convicted inmates confined in Federal prisons, jails,

and other detention facilities shall work (104 Stat. 4914). FPI is

further required by statute to provide work assignments for inmates (18

U.S.C. 4122). These work assignments are designed to allow inmates the

opportunity to acquire the knowledge, skills, and work habits which

will be useful when released from the institution (see 28 CFR 345.10).

In order to ensure that sentenced inmates releasing in the United

States will be afforded opportunities to work in FPI assignments, FPI

is proposing to restrict from consideration for FPI assignment pretrial

inmates and inmates currently under an order for deportation or

removal, and to remove from an FPI assignment any pretrial inmate or

inmate currently under a deportation or removal order. In keeping with

the policy that convicted inmates shall work, any inmate so removed

would be reassigned to a non-FPI work assignment for which the inmate

is eligible. While a pretrial inmate is not required to work in any

assignment other than housekeeping tasks in the inmate's own cell and

in the community living area, the pretrial inmate may be eligible for

an institutional assignment if the inmate signs a waiver of his or her

right not to work (see 28 CFR 551.106).

Section 345.11 is therefore amended by adding a new paragraph (g)

to reference the definition of ``pretrial inmate.'' Sections 345.35 and

345.42 are amended to incorporate the above mentioned assignment and

dismissal procedures.

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 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.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the 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 345

Inventions and patents, Prisoners, Scholarships and fellowships,

Wages.

Kathleen M. Hawk,

Director, Bureau of Prisons, and Commissioner of Federal Prison

Industries.

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 and the Board of Directors, Federal Prison Industries

in 28 CFR 0.96(p) and 0.99, part 345 in chapter III of 28 CFR is

proposed to be amended as set forth below.

PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS

1. The authority citation for 28 CFR part 345 continues to read as

follows:

Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the

Board of Directors of Federal Prison Industries, Inc.

2. In Sec. 345.11, paragraph (g) is added to read as follows:

Sec. 354.11 Definitions.

* * * * *

(g) Pretrial inmate--The definition of pretrial inmate in 28 CFR

551.101(a) is applicable to this part.

3. In Sec. 345.35, paragraph (a) is revised to read as follows:

Sec. 345.35 Assignments to FPI.

(a) An inmate may be considered for assignment with FPI unless the

inmate is a pretrial inmate or is currently under an order for

deportation or removal. Any request by an inmate for consideration must

be made through the unit team. FPI does not discriminate on the bases

of race, color, religion, ethnic origin, age, or disability.

* * * * *

4. In Sec. 345.42, paragraph (d) is added to read as follows:

Sec. 345.42 Inmate worker dismissal.

* * * * *

(d) Any inmate who is a pretrial inmate or who is currently under

an order for deportation or removal shall be removed from any FPI work

assignment and reassigned to a non-FPI work assignment for which the

inmate is eligible.

[FR Doc. 97-11101 Filed 4-29-97; 8:45 am]

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