[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1109]
[[Page Unknown]]
[Federal Register: January 18, 1994]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 540 and 543
RIN 1120-AA15
Control, Custody, Care, Treatment and Instruction of Inmates;
Incoming Publications and Inmate Legal Activities
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing to amend
its regulations on Incoming Publications in order to require that
inmates in medium security, high security, and administrative
institutions may receive softcover publications only from the
publisher, book club, or bookstore. Current regulations allow for these
items to be received from any source. The proposed amendment also
allows for the Warden to make an exception to this requirement and to
the existing similar requirement for hardcover publications and
newspapers. This change is being proposed in order to simplify security
procedures designed to prevent the introduction of contraband into
Bureau institutions. Provisions in the Bureau's regulations on Inmate
Legal Activities which restate the Bureau's policy on receipt of
incoming publications would be modified accordingly as a conforming
amendment.
DATES: Comments due by March 21, 1994.
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 Incoming Publications. A final rule on this subject
was published in the Federal Register on June 29, 1979 (44 FR 38260)
and was amended December 7, 1982 (47 FR 55129) and January 3, 1985 (50
FR 410). A conforming amendment would be made to the Bureau's
regulations on Inmate Legal Activities. A final rule on this subject
was published in the Federal Register on June 29, 1979 (44 FR 38263)
and was amended December 4, 1981 (46 FR 59509) and July 23, 1990 (55 FR
29992).
Current regulations in 28 CFR 540.71 allow an inmate to receive
paperback books and magazines from any source. This proposed amendment
would require that at medium security, high security, and
administrative institutions all softcover publications may be received
only from the publisher, book club, or book store. This would simplify
Bureau procedures designed to prevent the introduction of contraband
into Bureau institutions and would allow for more efficient use of
Bureau staff and resources. In addition, this amendment would allow the
Warden to make an exception when a publication is no longer available
from the publisher, book club, or bookstore. In such cases, the Warden
may require that the inmate provide written documentation that the
publication is no longer available from these sources. The approval or
disapproval of any request is to be documented in writing.
Bureau regulations on Inmate Legal Activities restate in
Sec. 543.11(d) the policy on receipt of incoming publications. As a
conforming amendment, Sec. 543.11(d) is also revised.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12886, and
accordingly this rule 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 (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
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. 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 Parts 540 and 543
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), it is proposed to amend parts 540
and 543 in subchapter C of 28 CFR, chapter V 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, 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. 540.71, paragraph (a) is revised to read as follows:
Sec. 540.71 Procedures.
(a)(1) At all Bureau institutions, an inmate may receive hardcover
publications and newspapers only from the publisher, from a book club,
or from a bookstore.
(2) At medium security, high security, and administrative
institutions, an inmate may receive softcover publications only from
the publisher, from a book club, or from a bookstore.
(3) At minimum security and low security institutions, an inmate
may receive softcover publications (other than newspapers) from any
source.
(4) The Warden may make an exception to the provisions of
paragraphs (a)(1) and (2) of this section if the publication is no
longer available from the publisher, book club, or bookstore. The
Warden may require that the inmate provide written documentation that
the publication is no longer available from these sources. The approval
or disapproval of any request for an exception is to be documented in
writing.
* * * * *
PART 543--LEGAL MATTERS
3. The authority citation for 28 CFR part 543 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,
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.
4. In Sec. 543.11, paragraph (d) is amended by revising the first
sentence as follows and by removing the third and fourth sentences:
Sec. 543.11 Legal research and preparation of legal documents.
* * * * *
(d) An inmate may receive or purchase law materials from outside
the institution in accordance with the provisions on the receipt of
incoming publications (see Sec. 540.71 (a) of this chapter), but the
Warden may reject material if there is a compelling reason in the
interest of institution security, good order, or discipline.* * *
* * * * *
[FR Doc. 94-1109 Filed 1-14-94; 8:45 am]
BILLING CODE 4410-05-P
