[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Proposed Rules]
[Pages 1240-1242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-367]
[[Page Unknown]]
[Federal Register: January 7, 1994]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 545, 550
RIN 1120-AA16
Control, Custody, Care, Treatment and Instruction of Inmates;
Drug Abuse Treatment Programs
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 rule on Chemical Abuse Programs by renaming it as Drug Abuse
Treatment Programs, by expanding programming available to inmates, and
by requiring participation from certain inmates. Any inmate who has
been recommended for drug programming by the sentencing judge, or whose
presentence investigation contains evidence that alcohol or other drug
use contributed to the commission of the instant offense, or for whom
alcohol or drug abuse was a reason for violation of parole or probation
will be required to participate in drug abuse education courses.
Further program opportunities are presented through voluntary
participation in residential and non-residential programs and through
transitional services. This amendment also proposes conforming changes
with respect to program eligibility and inmate financial responsibility
requirements and with respect to mandatory work requirements. This
amendment is intended to fulfill statutory requirements to make
available to inmates appropriate substance abuse treatment.
DATES: Comments due by March 8, 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 Chemical Abuse Programs. A final rule on this
subject was published in the Federal Register on July 18, 1986 (51 FR
26129). The Bureau is also proposing conforming or related amendments
to its regulations on Inmate Financial Responsibility and on Inmate
Work and Performance Pay Program. A final rule on Inmate Financial
Responsibility was published in the Federal Register on May 21, 1991
(56 FR 23477). A final rule on Inmate Work and Performance Pay was
published in the Federal Register on October 1, 1984 (49 FR 38915), and
was amended on May 21, 1991 (56 FR 23478) and on July 10, 1991 (56 FR
31531).
Section 2903 of Public Law 101-647 (18 U.S.C. 3621(b)) requires the
Bureau to make available appropriate substance abuse treatment for each
inmate the Bureau determines has a treatable condition of substance
addiction or abuse. Existing Bureau regulations in subpart F
(Secs. 550.50 through 550.51) of 28 CFR part 550 allow for the
voluntary participation by inmates in chemical abuse programs. This
proposed amendment renames such programming as drug abuse treatment
programs and distinguishes between mandatory and voluntary requirements
for inmate participation in these programs.
Proposed Sec. 550.52 requires participation in a drug abuse
education course by any inmate who has been recommended for drug
programming by the sentencing judge, or whose presentence investigation
contains evidence that alcohol or other drug use contributed to the
commission of the instant offense, or for whom alcohol or drug abuse
was a reason for violation of parole or probation. This section
includes provision for exemption to the mandatory requirement.
Participation by other inmates in drug abuse treatment programs remains
voluntary, but such participation requires recommendation by the
screening psychologist or drug abuse treatment staff. The section
defines program completion and notes the effects of program failure for
inmates whose participation is required.
Section 550.53 specifies requirements for participation in an
institution's residential and non-residential program, while
Sec. 550.54 covers transitional services available to inmates.
This proposed amendment makes conforming changes to the Bureau's
provisions on inmate financial responsibility (28 CFR 545.11) to
specify that an inmate must meet his or her financial program
responsibility obligations before being able to receive an incentive
for his or her residential program participation. Another conforming
change is being made to the provisions on institution work and
performance pay (28 CFR 545.23) to allow for an inmate's voluntary
participation in drug programming in lieu of working full time.
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.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of 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 545 and 550
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 545 and 550 in subchapter C
of 28 CFR, chapter V are proposed to be amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 550--DRUG PROGRAMS
1. The authority citation for 28 CFR part 550 is added to read as
follows, and all other authority citations within the part are removed:
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), 4251-4255, 5006-5024 (repealed October 12, 1984
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510;
28 CFR 0.95-0.99.
2. Subpart F, consisting of Secs. 550.50 and 550.51, is revised to
consist of Secs. 550.50 through 550.54 as follows:
Subpart F--Drug Abuse Treatment Programs
Sec.
550.50 Purpose and scope.
550.51 Institution staff roles/responsibilities.
550.52 Drug abuse education course.
550.53 Institution residential and non-residential program.
550.54 Transitional services.
Subpart F--Drug Abuse Treatment Programs
Sec. 550.50 Purpose and scope.
The Bureau of Prisons provides, to the extent practicable,
appropriate drug abuse treatment programs to inmates.
Sec. 550.51 Institution staff roles/responsibilities.
(a) The Warden shall designate a Drug Abuse Treatment Program
Coordinator (DATC) for his/her institution.
(b) The DATC shall ensure that:
(1) Each institution shall provide new inmates during the Admission
and Orientation information about drug abuse treatment opportunities
and procedures available at the institution and throughout the Bureau;
and
(2) A psychologist or drug abuse treatment staff member shall
screen all new institution admissions for drug abuse problems.
(c) The DATC may designate a drug abuse treatment specialist to
conduct drug education or drug abuse treatment in non-residential or
residential settings.
Sec. 550.52 Drug abuse education course.
(a) An inmate is required to participate in the institution's drug
abuse education course if that inmate has been sentenced or returned to
custody as a violator after September 30, 1991 and it is determined by
unit and/or drug abuse treatment program staff, through a combination
of interview and file review, that:
(1) There is evidence in the Presentence Investigation that alcohol
or other drug use contributed to the commission of the instant offense;
(2) Alcohol or other drug use was a reason for violation of either
supervision or BOP community status (CCC placement) for which the
inmate is now incarcerated; or
(3) The inmate was recommended for drug programming during
incarceration by the sentencing judge. An inmate may be exempted from
the required drug abuse education course due to cognitive impairment or
other learning disabilities only after evaluation and recommendation by
a psychologist. An inmate may also be exempted from the drug abuse
education course if that inmate has volunteered for immediate admission
to a residential drug abuse treatment program, and then proceeds to
complete that program.
(b) An inmate who is not required by paragraph (a) of this section
to participate in the drug abuse education course, but for whom
participation is recommended or approved by the screening psychologist
or drug abuse treatment staff for participation, shall be offered the
opportunity to participate voluntarily in the drug abuse education
course, provided it is approved by the DATC, space is available, and
the inmate signs an agreement acknowledging the requirements for
participating in this course.
(c) Completion of the drug abuse education course requires
participating in, and passing an examination on the course. A
certificate of achievement will be awarded to all who successfully
complete the program. Inmates required to participate in this program
ordinarily are provided at least three chances to pass the final
examination before privileges are lost (see paragraph (d) of this
section).
(d) Any inmate who is required by paragraph (a) of this section to
participate in the drug abuse education course, but who refuses this
participation, who withdraws, who is expelled, or who otherwise fails
to meet the attendance and testing standards shall be held at the
lowest pay grade within the institution and shall be ineligible for
community programs. The Warden, for good cause, may make exception to
this paragraph, with such exemptions documented in writing.
Sec. 550.53 Institution residential and non-residential program.
(a) Participation by an inmate in an institution's residential and/
or nonresidential drug treatment program is voluntary, but such
participation must be recommended by unit and/or drug treatment staff.
(1) An inmate may apply for these programs by submitting a request
to a staff member (ordinarily, a member of the inmate's unit team or
the DATC).
(2) An inmate who volunteers to participate in one of the drug
abuse treatment programs is required to sign an agreement acknowledging
his/her program responsibility.
(b) An inmate may apply for an institution's residential treatment
program at any time during that inmate's incarceration. Residential
treatment ordinarily consists of treatment in a unit-based setting
within the institution. Where an institution does not have a
residential program, the unit team, in coordination with the DATC, may
consider the inmate for transfer to an institution with this type of
program.
(c) An inmate may receive incentives for his or her involvement in
the residential program. These incentives may include, but are not
limited to, the following.
(1) Limited financial awards, based upon the inmate's achievement/
completion of program phases.
(2) Consideration for the maximum period of time (currently 180
days) in a Community Corrections Center placement, provided the inmate
is otherwise eligible for this designation.
(3) Local institution incentives such as preferred living quarters
or special recognition privileges. An inmate must meet his/her
financial program responsibility obligations (see 28 CFR part 545)
prior to being able to receive an incentive for his/her residential
program participation.
(d) An inmate may voluntarily withdraw from a residential drug
abuse program or, based on disruptive or negative behavior, may be
removed by staff. Removal from the residential program is within the
discretion of the DATC, and may result, in part, in the inmate's being
returned to his/her prior institution (when the inmate had been
specifically transferred for the purpose of program participation),
and/or return of tangible incentives previously achieved.
(e) When residential treatment programming cannot be used due to
time constraints, staff may refer the inmate for the institution's non-
residential drug treatment. Non-residential treatment ordinarily
consists of individual and/or group counseling and self-help
programming.
Sec. 550.54 Transitional services.
(a) Transitional treatment programming is required for all inmates
completing an institutions's residential treatment program.
Transitional treatment includes treatment provided to inmates who, upon
completing the residential program, return to the general population of
that or another institution. An inmate's refusal to participate in this
program is considered a program failure and disqualifies the inmate for
any additional incentives consideration, and may result in the inmate's
redesignation.
(b) An inmate who successfully completes a residential drug abuse
program and who, based on eligibility, is transferred to a Community
Corrections Center (CCC), is required to participate in a community-
based treatment program each week, in addition to the required
employment and other program activities of the CCC. The inmate's
failure to meet the requirements of treatment may result in the
inmate's being returned to the institution for refusing a program
assignment.
(c) Staff may offer an inmate who has not been involved in the
institution's drug abuse treatment program the opportunity to become
involved in the transitional drug treatment program as part of the
inmate's CCC placement. In addition, with DATC approval, an inmate may
volunteer, and be accepted for transitional drug treatment programming.
3. 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, 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.
4. In Sec. 545.11, a new paragraph (d)(11) is added to read as
follows:
Sec. 545.11 Procedures.
* * * * *
(d) * * *
(11) The inmate will not receive an incentive for participation in
residential drug treatment programs.
5. In Sec. 545.23, paragraph (a) is amended by revising the last
sentence to read as follows:
Sec. 545.23 Inmate work/program assignment.
(a) * * * An inmate, for whom educational, vocational, or drug
treatment participation is not required by either policy or statute,
may request and, upon approval of the Warden or designee, participate
in an educational or vocational training program or drug treatment
program rather than work full-time.
* * * * *
6. In Sec. 545.25, new paragraph (d) is added to read as follows:
Sec. 545.25 Eligibility for performance pay.
* * * * *
(d) An inmate who is required by 28 CFR 550.51 (c)(1) to
participate in drug education programming but who fails to do so
because he or she refuses participation, withdraws, is expelled, or
fails to meet attendance and testing standards, shall be held at the
lowest pay grade within the institution.
[FR Doc. 94-367 Filed 1-6-94; 8:45 am]
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