[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Rules and Regulations]
[Pages 53690-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27252]
[[Page 53689]]
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Part II
Department of Justice
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Bureau of Prisons
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28 CFR Parts 524 and 550
Drug Abuse Treatment and Intensive Confinement Center Programs; Early
Release Consideration; Final Rule
Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 /
Rules and Regulations
[[Page 53690]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 524 and 550
[BOP-1070-I]
RIN 1120-AA66
Drug Abuse Treatment and Intensive Confinement Center Programs:
Early Release Consideration
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: In this document, the Bureau of Prisons is revising its rule
on Drug Abuse Treatment Programs which allows for consideration of
early release of eligible inmates who complete a residential drug abuse
treatment program. The Bureau of Prisons is revising the rules with
respect to the criteria for receiving a sentence reduction and also
with respect to the authority of the Community Corrections Regional
Administrator to adjust the presumptive release date for an inmate in a
community-based program. The amendment is intended to provide for
adequate drug treatment transitional programs and to demonstrate more
clearly the discretion granted to the Director of the Bureau of Prisons
under 18 U.S.C. 3621(e) by listing the criteria that would preclude an
inmate from receiving a sentence reduction as determined by the
Director of the Bureau of Prisons. Criteria for possible sentence
reduction under the intensive confinement center program are being
modified in a similar manner as a conforming amendment.
DATES: Effective October 9, 1997. Comments are due December 15, 1997.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, D.C. 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 further amending
its regulations on Drug Abuse Treatment Programs (28 CFR part 550,
subpart F). An interim rule on this subject, which implemented Section
32001 of the Violent Crime Control and Law Enforcement Act of 1994
(codified at 18 U.S.C. 3621(e)), was published in the Federal Register
on May 25, 1995 (60 FR 27692) and was amended on May 17, 1996 (61 FR
25122). Comments received on these previous interim rules will be
addressed in a separate document when the rules are finalized.
The interim rule published on May 25, 1995, attempted to define the
term ``crime of violence'' pursuant to 18 U.S.C. 924(c)(3). Because of
differences in application of case law among the various Federal
courts, a few crimes would not be clearly covered by the Bureau's
definition. This interim rule avoids this complication by using the
discretion allotted to the Director of the Bureau of Prisons in
granting a sentence reduction to exclude inmates whose current offense
is a felony (a) that has as an element, the actual, attempted, or
threatened use of physical force against the person or property of
another, or (b) that involved the carrying, possession, or use of a
firearm or other dangerous weapon or explosives (including any
explosive material or explosive device), or (c) that by its nature or
conduct, presents a serious potential risk of physical force against
the person or property of another, or (d) that by its nature or conduct
involves sexual abuse offenses committed upon children.
As a conforming amendment, the criteria for possible sentence
reduction under the intensive confinement center program (28 CFR 524,
subpart D) pertaining to crimes of violence (Sec. 524.31(a)(3)) are
being modified in a similar manner.
Under Sec. 550.58(c)(3), the Community Corrections Regional
Administrator had the authority to retard or disallow any portion of
the maximum 12 month reduction for an inmate in a community-based
program based upon a disciplinary finding or based on program needs
(for example, the inmate has not established an adequate release plan).
This paragraph is being revised to specify that if an inmate cannot
fulfill his or her community-based treatment obligations by the
presumptive release date, the Community Corrections Regional
Administrator may adjust the presumptive release date by the minimum
amount of time necessary to fulfill treatment obligations. The
Community Corrections Regional Administrator, as the Bureau official
responsible for monitoring the quality of the treatment programs
available in community-based programs, makes determinations as to the
inmate's completion of applicable transitional services. Such
determinations are responsive to the treatment needs of the inmate and
are not intended to be punitive. Disciplinary findings which can result
in an inmate's being precluded from receiving a sentence reduction (see
redesignated Sec. 550.58(a) (2)(iv) and (3)(ii)) remain as a
determination of the Discipline Hearing Officer.
The Bureau is publishing this change as an interim rule in order to
solicit public comment while continuing to provide consideration for
early release to qualified inmates. Interested persons may participate
in this interim rulemaking by submitting data, views, or arguments in
writing to the Rules Unit, Office of General Counsel, Federal Bureau of
Prisons, 320 First Street, NW., HOLC Room 754, Washington, D.C. 20534.
Comments received during the comment period will be considered before
final action is taken. Comments received after the expiration of the
comment period will be considered to the extent practicable. 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 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 (5 U.S.C. Sec. 601, et seq.), does not have
a significant impact on a substantial number of small entities within
the meaning of the Act. Because this rule pertains to correctional
management of persons 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
28 CFR Part 524
Prisoners.
28 CFR Part 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), part 524 in subchapter B of 28
CFR, chapter V, and part 550 in subchapter C of 28 CFR, chapter V are
amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 524--CLASSIFICATION OF INMATES
1. The authority citation for 28 CFR part 524 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624,
4001, 4042, 4046,
[[Page 53691]]
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; 21 U.S.C. 848; 28 U.S.C.
509, 510; Title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. Chapter
223); 28 CFR 0.95-0.99.
2. In Sec. 524.31, paragraph (a)(3) is revised to read as follows:
Sec. 524.31 Eligibility and placement.
(a) * * *
(3) Is not serving a term of imprisonment for a crime of violence
or a felony offense:
(i) That has as an element, the actual, attempted, or threatened
use of physical force against the person or property of another, or
(ii) That involved the carrying, possession, or use of a firearm or
other dangerous weapon or explosives (including any explosive material
or explosive device), or
(iii) That by its nature or conduct, presents a serious potential
risk of physical force against the person or property of another, or
(iv) That by its nature or conduct involves sexual abuse offenses
committed upon children.
* * * * *
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 550--DRUG PROGRAMS
3. The authority citation for 28 CFR part 550 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), 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.
4. In Sec. 550.58, the introductory text, paragraph (a) heading,
and paragraph (c)(3) are revised, paragraphs (a)(1) and (a)(2) are
redesignated as paragraphs (a)(2) and (a)(3), and a new paragraph
(a)(1) is added to read as follows:
Sec. 550.58 Consideration for early release.
An inmate who was sentenced to a term of imprisonment pursuant to
the provisions of 18 U.S.C. Chapter 227, Subchapter D for a nonviolent
offense, and who is determined to have a substance abuse problem, and
successfully completes a residential drug abuse treatment program
during his or her current commitment may be eligible, in accordance
with paragraph (a) of this section, for early release by a period not
to exceed 12 months.
(a) Additional early release criteria. (1) As an exercise of the
discretion vested in the Director of the Federal Bureau of Prisons, the
following categories of inmates are not eligible for early release:
(i) INS detainees;
(ii) Pretrial inmates;
(iii) Contractual boarders (for example, D.C., State, or military
inmates);
(iv) Inmates who have a prior felony or misdemeanor conviction for
homicide, forcible rape, robbery, or aggravated assault, or child
sexual abuse offenses;
(v) Inmates who are not eligible for participation in a community-
based program as determined by the Warden on the basis of his or her
professional discretion;
(vi) Inmates whose current offense is a felony:
(A) That has as an element, the actual, attempted, or threatened
use of physical force against the person or property of another, or
(B) That involved the carrying, possession, or use of a firearm or
other dangerous weapon or explosives (including any explosive material
or explosive device), or
(C) That by its nature or conduct, presents a serious potential
risk of physical force against the person or property of another, or
(D) That by its nature or conduct involves sexual abuse offenses
committed upon children.
* * * * *
(c) * * *
(3) If the inmate cannot fulfill his or her community-based
treatment obligations by the presumptive release date, the Community
Corrections Regional Administrator may adjust the presumptive release
date by the minimum amount of time necessary to allow for fulfillment
of the treatment obligations.
[FR Doc. 97-27252 Filed 10-9-97; 2:48 pm]
BILLING CODE 4410-05-P
