[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36750-36755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17214]
[[Page 36749]]
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Part III
Department of Justice
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Bureau of Prisons
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28 CFR Part 553
Inmate Personal Property; Final Rule
Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules
and Regulations
[[Page 36750]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 553
[BOP-1051-F]
RIN 1120-AA46
Inmate Personal Property
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its
regulations on inmate personal property to allow for the
standardization of authorized personal property lists at Bureau
institutions and to facilitate procedures for the transportation of
personal property due to inmate transfer or release. In addition, this
document clarifies the status of personal property items previously
authorized which are subsequently determined to pose a threat to the
security, good order, or discipline of the institution. This amendment
is intended to provide for the more efficient and secure operation of
the institution.
EFFECTIVE DATE: August 6, 1999.
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
regulations on inmate personal property (28 CFR part 553, subpart B). A
proposed rule on this subject was published in the Federal Register on
April 1, 1996 (61 FR 14440).
Background of Inmate Personal Property
Current regulations governing inmate personal property specify
that, consistent with the mission of the institution, each Warden shall
identify in writing that personal property which may be retained by an
inmate (see 28 CFR 553.10). Because of variations among institution
lists, when inmates transfer between institutions not all property
authorized at the sending institution may be considered authorized at
the receiving institution. Any unauthorized property is mailed at
government expense to another party of the inmate's choice.
Purpose of the Amended Regulations
In order to alleviate this problem, the Bureau is implementing a
standardized list of property which would be authorized for retention
at all institutions. The Warden retains the discretion to authorize
additional items for retention at his or her institution. Typically,
these additional items will be government-issued or perishable.
Consequently, Sec. 553.10 is being amended to refer to the standardized
list and to additions authorized by the Warden. Under this new
procedure, less personal property being transferred between
institutions will be subject to rejection by the receiving institution.
Property authorized for retention by the Warden in addition to the
standardized list will be identified as such. Under the revised
regulations, the inmate would be responsible for the cost of remailing
items not authorized by the receiving institution.
Both the standardized list and the additional items authorized by
the Warden may include numerical limits on specific types of property
(for example, two pairs of athletic shoes). Such numerical limits
reduce the reliance in the previous regulations on the amount of
storage as a determining factor in the retention of personal property
(former Sec. 553.11(a)(1) had stated ``Staff may allow an inmate to
retain that authorized property which the inmate may neatly and safely
store in the designated area''). Revised Sec. 553.11 now includes
reference to possible numerical limitations along with the procedures
for notifying inmates of such limits.
The provisions for storage space in new paragraph (b) contain a
clear statement that authorized personal property is to be stored in
the designated area. Specific provisions in the former regulations as
to the requirement to store special purchase items, commissary items,
correspondence, and reading materials have been removed to reduce
redundancy. New paragraphs (c) through (h) now focus on limitations
other than those imposed by space constraints. With respect to
clothing, new paragraph (c) provides that civilian clothing (i.e.,
clothing not issued to the inmate by the Bureau or purchased by the
inmate from the commissary) ordinarily is not authorized for retention
by the inmate. This is in keeping with the standardized list of
personal property. The regulations formerly allowed for some variation
(former Sec. 553.11(b), ``Staff may allow an inmate to retain that
clothing, whether civilian (at institutions where authorized) or
institution * * *''). Under new paragraph (c), such civilian clothing
possessed by current inmates could be retained no later than the
effective date of the revised regulation. As proposed, paragraph (c)
identified November 1, 1997 as the planned implementation date. In this
final rule, the implementation date has been adjusted to allow for a
thirty day delay following publication in the Federal Register. New
paragraphs (d) and (e) are unchanged and are being republished here for
ease of review. New paragraph (f) is merely being redesignated from
former paragraph (g) and is also being republished for ease of review.
Section 553.14 has been revised to address more completely
procedures for the shipment or disposal of property due to inmate
transfer and release. The revised procedures allow for more flexibility
in shipping property. Because of the use of a standardized list, the
Bureau expects that there would be substantially reduced need for
remailing any property which is not authorized by the receiving
institution.
Response to Public Comments
Comments on the proposed rule were received from inmates, members
of the general public, and other interested parties. The majority of
inmate comments consisted of form letters from inmates at various
institutions. A summary of the comments and the Bureau's response
follow.
1. Appropriateness and Adequacy of Bureau Issue Clothing
Several inmates expressed concern that the new rule would deny them
access to clothing appropriate for particular climates and
environments. In particular, several inmates at one institution
complained that the coats they are issued are not warm enough for the
cold temperatures during winter months. One inmate preferred a
particular type of coat which he had at a former institution. The
Bureau notes that the Warden of each institution is responsible for
determining the type of coat which will be issued at the Warden's
institution. While this determination naturally is based upon factors
such as average temperatures at the institution, security or budgetary
constraints may make it not practicable to please everyone's
preference. In those instances, however, where the inmate is
unsatisfied by the selection at the institution the inmate may use the
Administrative Remedy Program to seek appropriate accommodation.
Monitoring inmate requests submitted under the Administrative Remedy
Program further provides the Bureau with information which can be used
to evaluate whether general adjustments in such determinations are
necessary.
[[Page 36751]]
One commenter suggested that the amount of issued undergarments was
not appropriate for inmates, and that personal undergarments should be
allowed to supplement the provided totals. In consideration of this
concern, the Bureau will amend the issued property list to include ten
(10) pairs of undergarments (bras and panties) for female inmates, and
ten (10) pairs of underwear (boxers or briefs) for male inmates.
Several female inmates requested that personal sleepwear be allowed
because the issued sleepwear is not appropriate for larger-sized women.
The Bureau responds that institution commissaries are able to special
order particular sizes of clothing for inmates with special needs.
Several female inmates commented that the material of the sleepwear
provided was too sheer and almost see-through. The Bureau responds that
institution commissaries may order different nightshirts if the
material is deemed to be too sheer. Inmates unsatisfied with either the
size or material may use the Administrative Remedy Program to seek a
further solution, as noted above. As a further adjustment, however, the
Bureau has chosen to include a bathrobe as part of an inmate's
government-issued property.
One commenter noted that the proposed rule only allowed for white
clothing, which might be inappropriate for inmates, especially female
inmates, with dark pigmentation. In response, Bureau commissaries will
now be authorized to issue undergarments, t-shirts and sweat suits in
neutral tones (i.e., tan).
Several female inmates commented that the list of personal property
seems to favor male inmates more than female inmates. The Bureau
responds that this is not the intention of the personal property rule.
The Bureau has completed a review of the government issue list with
consideration of gender differences and has amended the list as
appropriate (for example, with respect to undergarments and hats).
2. Behavior, Education and Recreation of Inmates
Several inmates commented that this rule imposes severe personal
property restrictions on inmates who follow all prison regulations and
strive to act responsibly. Several inmates commented that personal
property privileges are incentives for inmates to behave. These
commenters argue that without the privileges, a major incentive for
good behavior is removed. One commenter suggested that property
restrictions be used to punish infractions of prison rules. The Bureau
notes that restrictions on inmate personal property are necessary for
the security and orderly running of the institution. The revised
regulations leave much of the former property list intact. Inmates are
still allowed to retain several items of personal property which may be
shipped upon transfer.
Several commenters suggested that the new rule limits the
educational opportunities of inmates by restricting the amount of
allowed books to five. The Bureau responds that inmates still retain
access to institution libraries and to correspondence courses. The
limit of five books has been instituted as a practical means of
ensuring that the amount of the inmate's personal property will not
exceed storage space available at the institution.
One commenter noted that the list of personal property items to be
shipped at the inmate's expense includes most of the recreational and
hobbycraft items that inmates have been allowed to possess at
institutions. The commenter stated that he did not understand the
reason for removing items which occupy the time of inmates and
contribute to their rehabilitation. The Bureau finds merit in this
comment and accordingly shall allow approved recreational and
hobbycraft items to be shipped at the government's expense except to
the extent that the amount of material exceeds allocated space for the
shipment.
One inmate commented that the Bureau and sentencing court
represented life in a low-security camp as including the privilege of
wearing personal clothing. Previously, under Sec. 553.11(b) staff may
allow an inmate to retain civilian clothing at institutions where
authorized. The determination to allow retention of civilian clothing
(and presumably the wearing of civilian clothing) was always at the
discretion of the Bureau and was not an entitlement of the inmate. As
noted in the proposed rule, the provisions on civilian clothing were
revised and ordinarily would not be authorized for retention at any
institution in keeping with the standardized list of property. General
conditions of incarceration in a low-security camp otherwise serve as
sufficient motivation for continued positive institutional adjustment
of qualified inmates.
3. Financial Impact of These Restrictions
One inmate commented that it made financial sense to let inmate
families and friends donate needed clothing to offset the Bureau's
costs, and one inmate commented that allowing personal property would
not create any additional costs for the Bureau. The Bureau notes,
however, that allowing such a volume of clothing into institutions
would put an undue strain on the institution staff who inspect incoming
packages. The presence of civilian clothing within the institution may
give rise to the appearance of favoritism based upon an inmate's social
or economic status. This appearance could serve to encourage disruptive
behavior and thus compromise the security and good order of the
institutions.
Several inmates commented about high commissary prices and how this
policy would result in the commissary being able to turn a higher
profit. The Bureau responds that institution commissaries purchase
reasonably priced clothing and then use a standard markup to reach the
commissary price. This markup will not change to take advantage of the
new personal property rule. Fluctuations in price are normally due to
changes in the unit cost. One possible benefit from the use of a
standardized personal property list is the cost savings benefit from
higher volume single source orders. The Bureau further points out that
any profits generated by the commissary are used to support institution
programming and programs designed for the inmate's benefit (for
example, inmate organization or recreational activities).
One inmate commented that the prices in the commissary are too high
to be able to afford desired items. The Bureau notes that all required
clothing and personal care items are provided to inmates through
government issue. Additional items may be acquired with funds from the
inmate's commissary account. The Bureau has no control over how many
external sources of money an inmate has access to while in prison.
Inmates with few outside sources are given the opportunity to work in
order to earn commissary funds.
One inmate commented that the Financial Responsibility Program also
limits the ability of inmates to purchase commissary items. The Bureau
responds that inmates who owe financial debts imposed as part of the
sentence must take care of those obligations. Citizens who are not
incarcerated must pay their debts before being able to spend money on
discretionary items, and inmates are not exempt from this
responsibility.
Several inmates commented that the new rule will impose higher
costs on them and their families because now commissary items will have
to be repurchased each time an inmate transfers institutions. The
Bureau
[[Page 36752]]
responds that under the new personal property list, Wardens may allow
some items to be retained. However, the new lists provide notice to
inmates about what property is allowed, and thus inmates can plan to
use their commissary money to purchase items that are retainable if
they will be unable to purchase new items that are non-transferrable.
One inmate commented that the federal deficit could be offset and
that other federal budget cuts could be avoided if the Bureau avoided
spending money on issuing clothing to prisoners by letting inmates
possess personal clothing. The Bureau responds that the potential
security risks which would be created by letting all inmates have
personal clothing outweigh any conjectural budgetary relief such a
measure might create.
4. Necessity and Philosophy of the Policy
Several commenters questioned the necessity of this new rule. One
commenter suggested that other alternatives to serve the Bureau's
purposes have not been tried yet. Another commenter stated that
avoiding tort claims and promoting uniformity did not sufficiently
justify the new property restrictions. The Bureau disagrees.
Standardization of inmate personal property at all institutions reduces
the potential for the accumulation of property which would not be
transferrable to other institutions. This would further reduce costs
for remailing of items.
One commenter questioned how the Bureau could justify not
classifying this rule as a ``significant regulatory action'' since it
impacts approximately 100,000 people in federal custody. As noted
below, the Bureau affirms that the rule does not have a significant
impact upon a substantial number of small entities. Under the Act
``small entities'' has the same mean as ``small businesses,
organizations, or small governmental jurisdictions''.
Several commenters expressed concern that the new rules would
remove the flexibility Wardens have to run individual institutions. One
commenter suggested that the rule does not take into consideration the
differences between security levels. Another inmate stated that the
rule does not allow for accommodations of institution or individual
needs. Another commenter worried that the new rule was vague enough to
allow for too many arbitrary interpretations at the institution level.
Wardens retain the authority to allow for additional items at their
institutions. Because these items are identified as being approved for
local use only, the inmate's choice to purchase the item is an informed
one in light of the item's disposition consequent to the inmate's
subsequent transfer from the institution.
5. Premature Implementation of the Policy
Several inmates complained that the policy has already been
implemented at some institutions even though it was only a proposed
rule. The Bureau responds that under the previous regulations the
Warden had explicit authority to identify personal property limits for
the institution. In any event, any specific complaints may be addressed
through the Administrative Remedy Program.
6. Psychological Impact on Inmates
Several inmates and interested parties expressed concern that the
new property rule would have a severe adverse psychological impact on
inmates. Several commenters noted that personal clothing contributes to
a person's self-esteem, dignity, sense of self-worth, and identity. One
commenter hypothesized that the denial of personal clothing would be so
degrading as to actually harden inmates even more against society. As
noted above, the Bureau believes that the presence of civilian clothing
within the institution may instead lead to disruptive behavior.
Several commenters remarked upon recent statutory restrictions on
the provisioning of certain amenities (weight training equipment and
premium cable television channels). Several commenters worried that the
combination of statutory restrictions and the revised personal property
regulations would cause some inmates to lose interest in life. One
commenter worried that the combination of all of the restrictions would
make the maintenance of order in the institution significantly more
difficult for institution staff. The mandatory statutory restrictions
alluded to by the commenters are outside the scope of this rulemaking.
With respect to the standardized list, the Bureau believes that its use
will improve orderly operation at the institution.
7. Security Issues
One inmate suggested that inmates should be allowed to share
clothing without generating an incident report. The ``sharing'' of
clothing qualifies as a prohibited act because such would constitute
the possession of property not issued to or authorized for possession
by the inmate. Determinations pertaining to prohibited acts are
resolved under the Bureau's inmate discipline regulations (see 28 CFR
part 541).
Several inmates commented that removing all personal clothing would
promote stealing among inmates. The Bureau believes that such is not
the case.
One inmate speculated that the purpose of the new property
restrictions was to alleviate gang participation. The commenter
suggested that gang members have several ways of keeping track of each
other, and so the property restrictions are not necessary. As noted
above, a purpose of the revised regulations is to alleviate
inefficiencies caused by the transfer of personal property between
institutions when institutions have different lists of authorized
property.
One commenter asked why hooded sweatshirts were prohibited, but
wool hats were allowed. This question is not particularly relevant to
the final rule at issue here. However, the Bureau responds that there
are enough differences between a hooded sweatshirt and a separate hat
to make them a security risk, particularly the potential for hiding
small items in the hood.
8. Shipping, Storage and Transfer Issues
Several commenters expressed concern over the Bureau abandoning all
shipping costs after the effective date of the revised regulations. For
purposes of the proposed rulemaking, Sec. 553.14(b) identified November
1, 1997 as the implementation date of the provision. In this final
rule, the implementation date in Sec. 553.14(b) has been adjusted to
allow for a thirty day delay following publication of the final rule in
the Federal Register.
One inmate suggested that Bureau allow each inmate a specific
amount of materials which can be shipped at institution expense. The
Bureau notes that the assumption by the inmate of shipping costs only
pertains to excess material not authorized by the receiving
institution. The Bureau is still responsible for the cost of shipping
authorized property as identified on the standardized list. One inmate
worried what would happen to materials whose owners could not afford to
ship. Section 553.14(c) specifies that such property would be disposed
of through approved methods, including destruction of the property.
However, pursuant to Sec. 553.13(b)(2)(iii), the Warden or designee may
authorize the institution to pay the cost of mailings where the inmate
has insufficient funds and no likelihood of new funds being received.
[[Page 36753]]
Several inmates expressed concern over the two box storage limit
set for inmate property. One inmate stated that inmates serving long or
life sentences can easily accumulate more than two boxes worth of
property. Another inmate reported that there is confusion over whether
issued items can be stored in a locker instead of the boxes. The two
box storage limit refers to the means of transporting approved non-
government issued items for inmates who are transferring to another
institution. These boxes therefore are not used in place of lockers at
the institution. The Bureau has deemed that the dimensions of the boxes
are sufficient to transport approved non-government issued items which
have been identified on the standardized list as acceptable at all
institutions.
Several inmates express dissatisfaction with the list of items
which can be transferred. Inmates complained that pajamas, extra
underwear, visitation clothes, and recreational and hobby craft items
are not transferable. Several inmates complained that items available
for purchase in the commissaries are not transferable (e.g. fans). As
noted above, some of these items would be authorized for shipment at
the expense of the inmate. In any event, through implementation of a
standardized property list, inmates would be aware of how commissary
purchased items would be treated when the inmate transfers to another
institution.
Clarification of Contraband Items
In adopting the regulations as final, the Bureau is clarifying the
status of personal property items previously authorized which are
subsequently determined to pose a threat to the security, good order,
or discipline of the institution. The term ``contraband'' is defined in
28 CFR 500.1(h). For the sake of consistency, the Bureau is revising
Sec. 553.12 to refer to this definition. Because circumstances
pertinent to the identification of threats to security, good order, or
discipline can change, revised Sec. 553.12 also notes that a property
item can be found to pose a threat to institution security, good order,
or discipline subsequent to an initial determination that it did not
pose such a threat. The introductory text of Sec. 553.10 has also been
amended in conformance by qualifying (``ordinarily'') the description
of authorized property. The procedures for handling contraband in
Sec. 553.13(b)(2)(iii) are being revised to allow for the institution
to bear the cost of mailing such personal property items.
Members of the public may submit further 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.
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, 320 First St.,
Washington, DC 20534; telephone (202) 514-6655.
List of Subjects in 28 CFR Part 553
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(o), part 553 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 553--INMATE PROPERTY
1. The authority citation for 28 CFR part 553 is revised 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), 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. Section 553.10 is amended by revising the first and the last
sentences to read as follows:
Sec. 553.10 Purpose and scope.
It is the policy of the Bureau of Prisons that an inmate may
possess ordinarily only that property which the inmate is authorized to
retain upon admission to the institution, which is issued while the
inmate is in custody, which the inmate purchases in the institution
commissary, or which is approved by staff to be mailed to, or otherwise
received by an inmate. * * * Consistent with the mission of the
institution, each Warden shall identify in writing that personal
property which may be retained by an inmate in addition to that
personal property which has been approved by the Director for retention
at all institutions.
3. Section 553.11 is revised to read as follows:
Sec. 553.11 Limitations on inmate personal property.
(a) Numerical limitations. Authorized personal property may be
subject to numerical limitations. The institution's
[[Page 36754]]
Admission and Orientation program shall include notification to the
inmate of any numerical limitations in effect at the institution and a
current list of any numerical limitations shall be posted on inmate
unit bulletin boards.
(b) Storage space. Staff shall set aside space within each housing
area for use by an inmate. The designated area shall include a locker
or other securable area in which the inmate is to store authorized
personal property. The inmate shall be allowed to purchase an approved
locking device for personal property storage in regular living units.
Staff may not allow an inmate to accumulate materials to the point
where the materials become a fire, sanitation, security, or
housekeeping hazard.
(c) Clothing. Civilian clothing (i.e., clothing not issued to the
inmate by the Bureau or purchased by the inmate from the commissary)
ordinarily is not authorized for retention by the inmate. Civilian
clothing which previously had been approved for retention may not be
retained after August 6, 1999. Prerelease civilian clothing for an
inmate may be retained by staff in the Receiving and Discharge area
during the last 30 days of the inmate's confinement.
(d) Legal materials. Staff may allow an inmate to possess legal
materials in accordance with the provisions on inmate legal activities
(see Sec. 543.11 of this chapter).
(e) Hobbycraft materials. Staff shall limit an inmate's hobby shop
projects within the cell or living area to those projects which the
inmate may store in designated personal property containers. Staff may
make an exception for an item (for example, a painting) where size
would prohibit placing the item in a locker. This exception is made
with the understanding that the placement of the item is at the
inmate's own risk. Staff shall require that hobby shop items be removed
from the living area when completed, and be disposed of in accordance
with the provisions of part 544, subpart D, of this chapter.
(f) Radios and Watches. An inmate may possess only one approved
radio and one approved watch at a time. The inmate must be able to
demonstrate proof of ownership. An inmate who purchases a radio or
watch through a Bureau of Prisons commissary is ordinarily permitted
the use of that radio or watch at any Bureau institution if the inmate
is later transferred. If the inmate is not allowed to use the radio or
watch at the new institution, the inmate shall be permitted to mail, at
the receiving institution's expense, the radio or watch to a
destination of the inmate's choice. Where the inmate refuses to provide
a mailing address, the radio and/or watch may be disposed of through
approved methods, including destruction of the property.
(g) Education Program Materials. Education program materials or
current correspondence courses may be retained even if not stored as
provided in paragraph (b) of this section.
(h) Personal Photos. An inmate may possess photographs, subject to
the limitations of paragraph (b) of this section, so long as they are
not detrimental to personal safety or security, or to the good order of
the institution.
4. Section 553.12 is revised to read as follows:
Sec. 553.12 Contraband.
(a) Contraband is defined in Sec. 500.1(h) of this chapter. Items
possessed by an inmate ordinarily are not considered to be contraband
if the inmate was authorized to retain the item upon admission to the
institution, the item was issued by authorized staff, purchased by the
inmate from the commissary, or purchased or received through approved
channels (to include approved for receipt by an authorized staff member
or authorized by institution guidelines).
(b) For the purposes of this subpart, there are two types of
contraband.
(1) Staff shall consider as hard contraband any item which poses a
serious threat to the security of an institution and which ordinarily
is not approved for possession by an inmate or for admission into the
institution. Examples of hard contraband include weapons, intoxicants,
and currency (where prohibited).
(2) Staff shall consider as nuisance contraband any item other than
hard contraband, which has never been authorized, or which may be, or
which previously has been authorized for possession by an inmate, but
whose possession is prohibited when it presents a threat to security or
its condition or excessive quantities of it present a health, fire, or
housekeeping hazard. Examples of nuisance contraband include: personal
property no longer permitted for admission to the institution or
permitted for sale in the commissary; altered personal property;
excessive accumulation of commissary, newspapers, letters, or magazines
which cannot be stored neatly and safely in the designated area; food
items which are spoiled or retained beyond the point of safe
consumption; government-issued items which have been altered, or other
items made from government property without staff authorization.
5. In Sec. 553.13, paragraph (b)(2)(iii) is amended by revising the
second and third sentences to read as follows:
Sec. 553.13 Procedures for handling contraband.
* * * * *
(b) * * *
(2) * * *
(iii) * * * The Warden or designee may authorize the institution to
pay the cost of such mailings when the item had not been altered and
originally had been permitted for admission to the institution or had
been purchased from the commissary, or where the inmate has
insufficient funds and no likelihood of new funds being received. Where
the inmate has established ownership of a contraband item, but is
unwilling, although financially able to pay postage as required, or
refuses to provide a mailing address for return of the property, the
property is to be disposed of through approved methods, including
destruction of the property.
* * * * *
6. Section 553.14 is revised to read as follows:
Sec. 553.14 Inmate transfer between institutions and inmate release.
(a) Except as provided for in paragraphs (a)(1) through (3) of this
section, authorized personal property shall be shipped by staff to the
receiving institution.
(1) The Warden ordinarily shall allow an inmate transferring to
another institution to transport personal items determined necessary or
appropriate by staff and, if applicable, legal materials for active
court cases.
(2) The Warden may require or allow an inmate who is transferring
to another institution under furlough conditions to transport all the
inmate's authorized personal property with him or her.
(3) An inmate who is being released or who is transferring to a
Community Corrections Center may arrange to ship personal property at
the inmate's expense. The inmate is responsible for transporting any
personal property not so shipped.
(b) If the inmate's personal property is not authorized for
retention by the receiving institution, staff at the receiving
institution shall arrange for the inmate's excess personal property to
be mailed to a non-Bureau destination of the inmate's choice. The
inmate shall bear the expense for this mailing.
(c) Whenever the inmate refuses to provide a mailing address for
return of the property or, when required, refuses to bear the expense
of mailing the property, the property is to be disposed
[[Page 36755]]
of through approved methods, including destruction of the property.
[FR Doc. 99-17214 Filed 7-6-99; 8:45 am]
BILLING CODE 4410-05-P
