[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Rules and Regulations]
[Pages 90-91]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31497]
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DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 540 and 545
[BOP-1049-I]
RIN 1120-AA39
Telephone Regulations and Inmate Financial Responsibility
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim Rule With Request for Comments, and Withdrawal of
Effective Date-Delayed Provisions.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) is
withdrawing the provisions in its regulations relating to limitations
on telephone privileges for inmates who have refused participation in
the inmate financial responsibility program, (IFRP) which were to
become effective January 4, 1996. In addition, the Bureau is increasing
to $75.00 the amount of money to be excluded from assessment in an
inmate's financial responsibility plan. These actions are made pursuant
to the terms of a settlement approved by the District Court in a
nationwide federal prisoner class action, Washington v. Reno, Nos. 93-
217, 93-290 (E.D.KY.).
DATES: The withdrawal of 28 CFR 540.105(c) and 545.11(d)(10), and the
amendment to 28 CFR 540.100(a) is effective January 2, 1996; the
amendment to 28 CFR 545.11(b) introductory text is effective January 3,
1996. Comments on 28 CFR 545.11(b) are due on March 4, 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, telephone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is
withdrawing certain provisions in its rules on telephone regulations
and on the inmate financial responsibility program (IFRP) which were
published in the Federal Register on April 4, 1994 (59 FR 15812).
In the April 4, 1994, revision of its rules on telephone
regulations and on the IFRP, the Bureau delayed the effective date for
provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed
limitations on the telephone privileges of inmates refusing to
participate in the IFRP. These provisions were to become effective
January 3, 1995. Due to ongoing litigation in Washington v. Reno, the
effective date for these provisions was further delayed until January
4, 1996 (60 FR 240). In accordance with the Court-approved settlement
in Washington v. Reno, the Bureau is withdrawing these provisions and
the reference to the IFRP telephone restrictions contained in 28 CFR
540.100(a), and is publishing elsewhere in today's Federal Register a
new proposed rule to impose a different restriction on the telephone
privileges of inmates who refuse to participate in the IFRP.
In accordance with the settlement in Washington v. Reno, the Bureau
is also amending, on an interim basis with request for comments, the
provision in 28 CFR 545.11(b) which relates to the exclusion of certain
funds from an inmate's financial responsibility plan. Under this
provision, unit team staff currently exclude $50.00 per month from
assessment in developing the inmate's payment plan in the IFRP. This
provision is revised to raise the exclusion to $75.00 per month, per
the terms of the settlement in Washington v. Reno and, for
clarification purposes, the third and fourth sentences of this
paragraph are being combined into one sentence.
Because the revisions to 28 CFR 545.11(b) are made pursuant to the
court-approved settlement in Washington v. Reno, the Bureau is issuing
the revisions as an interim rule pursuant to the ``good cause''
exemption of 5 U.S.C. 553(d)(3). Interested persons may participate in
this 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 on the interim rule provisions
during the comment period will be considered before final action is
taken. All comments received remain on file for public inspection at
the above address.
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 has not been 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 (Pub. L. 96-
354), does not have a significant impact on a substantial number of
small entities.
List of Subjects in 28 CFR Parts 540 and 545
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), parts 540 and 545 in subchapter C
of 28 CFR, chapter V are 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, 3013, 3571,
3572, 3621, 3622, 3624, 3663, 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. 540.100, paragraph (a) is amended by revising the fifth
sentence to read as follows:
Sec. 540.100 Purpose and scope.
* * * * *
(a) * * * In addition to the procedures set forth in this subpart,
inmate telephone use is subject to those limitations which the Warden
determines are necessary to ensure the security or good order,
including discipline, of the institution or to protect the public. * *
*
Sec. 540.105 [Amended]
3. In Sec. 540.105, paragraph (c), which was previously to become
effective January 4, 1996, (59 FR 15824, 60 FR 240) is removed and
reserved.
PART 545--WORK AND COMPENSATION
4. 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.
[[Page 91]]
5. In Sec. 545.11, the introductory text of paragraph (b) is
amended by revising the dollar amount ``$50.00'' in the fifth sentence
to read ``$75.00''; by removing the third and fourth sentences; by
adding a new third sentence to read as follows; and in addition,
paragraph (d)(10), which was to become effective January 4, 1996, (59
FR 15825, 60 FR 240) is removed and reserved.
Sec. 545.11 Procedures.
* * * * *
(b) Payment. * * * In developing an inmate's financial plan, the
unit team shall exclude from its assessment $75.00 a month deposited
into the inmate's trust fund account after subtracting from the trust
fund account the inmate's IFRP minimum payment schedule for UNICOR or
non-UNICOR work assignments, set forth below in paragraph (b)(1) and
(b)(2) of this section.
* * * * *
[FR Doc. 95-31497 Filed 12-29-95; 8:45 am]
BILLING CODE 4410-05-P
