[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Rules and Regulations]
[Pages 39800-39801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19260]
[[Page 39799]]
_______________________________________________________________________
Part VI
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 552
Use of Force and Application of Restraints; Annual Determination of
Average Cost of Incarceration; Final Rule and Notice
Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules
and Regulations
[[Page 39800]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 552
[BOP-1053-F]
RIN 1120-AA41
Use of Force and Application of Restraints
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its rule
on Use of Force and Application of Restraints to require staff checks
on inmates in four-point restraints at least every 15 minutes.
Additional changes have been made for clarification or for editorial
purposes. This amendment is intended to provide for the continued
security and good order of the institution and the safety and well-
being of inmates.
EFFECTIVE DATE: July 30, 1996.
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 amending its rule
on Use of Force and Application of Restraints (28 CFR 552, subpart C,
which was published in the Federal Register May 17, 1989 (54 FR 21394)
and amended June 13, 1994 (59 FR 30468).
In accordance with revised American Correctional Association
standards, the Bureau is increasing the frequency to at least every 15
minutes for staff monitoring of an inmate in four-point restraints.
Previously, staff were required to check the inmate at least every 30
minutes (see former Sec. 552.24(d)). Additional changes to the Bureau's
regulations being made for clarification or editorial purposes are
described below.
Section 552.20 is amended to reduce repetitious use of ``inmate``
in paragraphs (a) through (e). Section 552.21 is amended to include the
phrase ``using sound correctional judgment'' as a qualifier rather than
the previous phrase ``with correctional experience''. The revised
phrase more accurately describes the qualitative nature of the standard
and is used more consistently in the Bureau's regulations. In
Sec. 552.22, paragraph (c) is amended to include further paragraph
designations (1) through (3) for the sake of clarity; the opening
sentence of paragraph (g) of the section is amended for stylistic
reasons. In Sec. 552.24, the introductory paragraph is amended to
clarify that the determination on the use of four-point restraints is
made by the Warden. Paragraph (a) of the section is revised to include
further paragraph designations (1) and (2) for the sake of clarity.
Section 552.26 and paragraphs (f) and (g) of Sec. 552.24 are revised to
remove unnecessary passive constructions and to revise staff
nomenclature (``qualified health personnel'' rather than ``medical
staff'').
Because these changes either are administrative or editorial in
nature, or provide for the continued safety and well-being of inmates
and do not impose further restrictions on inmates, the Bureau finds
good cause for exempting the provisions of the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the
opportunity for public comment, and delay in effective date. Members of
the public may submit comments concerning this rule by writing to the
previously cited address. These comments will be considered but will
receive no response in the Federal Register. 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.
List of Subjects in 28 CFR Part 552
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), 28 CFR part 552 is amended as
follows:
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 552--CUSTODY
1. The authority citation for 28 CFR part 552 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 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. 552.20, the last sentence of the introductory text and
paragraphs (a) through (e) are revised to read as follows (the
concluding text to the section remains unchanged):
Sec. 552.20 Purpose and scope.
* * * Staff are authorized to apply physical restraints necessary
to gain control of an inmate who appears to be dangerous because the
inmate:
(a) Assaults another individual;
(b) Destroys government property;
(c) Attempts suicide;
(d) Inflicts injury upon self; or
(e) Becomes violent or displays signs of imminent violence.
* * * * *
Sec. 552.21 [Amended]
3. In Sec. 552.21, paragraph (d) is amended by revising the phrase
``with correctional experience'' to read ``using sound correctional
judgment''.
4. In Sec. 552.22, paragraph (g) is amended by revising the opening
phrase ``Except where'' to read ``Except when'' and paragraph (c) is
revised to read as follows:
Sec. 552.22 Principles governing the use of force and application of
restraints.
* * * * *
(c) Staff shall use only that amount of force necessary to gain
control of the inmate. Situations when an appropriate amount of force
may be warranted include, but are not limited to:
(1) Defense or protection of self or others;
(2) Enforcement of institutional regulations; and
(3) The prevention of a crime or apprehension of one who has
committed a crime.
* * * * *
5. In Sec. 552.24, the introductory text and paragraphs (a), (f)
and (g) are revised, and paragraph (d) is amended by revising the first
sentence to read as follows:
Sec. 552.24 Use of four-point restraints.
When the Warden determines that four-point restraints are the only
means available to obtain and maintain control
[[Page 39801]]
over an inmate, the following procedures must be followed:
(a) Soft restraints (e.g., vinyl) must be used to restrain an
inmate, unless:
(1) Such restraints previously have proven ineffective with respect
to that inmate, or
(2) Such restraints are proven ineffective during the initial
application procedure.
* * * * *
(d) Staff shall check the inmate at least every 15 minutes, both to
ensure that the restraints are not hampering circulation and for the
general welfare of the inmate. * * *
* * * * *
(f) When the inmate is placed in four-point restraints, qualified
health personnel shall initially assess the inmate to ensure
appropriate breathing and response (physical or verbal). Staff shall
also ensure that the restraints have not restricted or impaired the
inmate's circulation. When inmates are so restrained, qualified health
personnel ordinarily are to visit the inmate at least twice during each
eight hour shift. Use of four-point restraints beyond eight hours
requires the supervision of qualified health personnel. Mental health
and qualified health personnel may be asked for advice regarding the
appropriate time for removal of the restraints.
(g) When it is necessary to restrain an inmate for longer than
eight hours, the Warden (or designee) or institution administrative
duty officer shall notify the Regional Director or Regional Duty
Officer by telephone.
6. Section 552.26 is revised to read as follows:
Sec. 552.26 Medical attention in use of force and application of
restraints incidents.
(a) In immediate use of force situations, staff shall seek the
assistance of mental health or qualified health personnel upon gaining
physical control of the inmate. When possible, staff shall seek such
assistance at the onset of the violent behavior. In calculated use of
force situations, the use of force team leader shall seek the guidance
of qualified health personnel (based upon a review of the inmate's
medical record) to identify physical or mental problems. When mental
health staff or qualified health personnel determine that an inmate
requires continuing care, and particularly when the inmate to be
restrained is pregnant, the deciding staff shall assume responsibility
for the inmate's care, to include possible admission to the institution
hospital, or, in the case of a pregnant inmate, restraining her in
other than face down four-point restraints.
(b) After any use of force or forcible application of restraints,
the inmate shall be examined by qualified health personnel, and any
injuries noted, immediately treated.
[FR Doc. 96-19260 Filed 7-29-96; 8:45 am]
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