[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Rules and Regulations]
[Page 65186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32324]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP-1054-F]
RIN 1120-AA52
Correspondence: Pretrial Inmates
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 correspondence to require that general mail from
pretrial inmates may not be sealed and may be read and inspected by
staff. This amendment is intended to provide for the continued
efficient and secure operation of the institution and to protect the
public.
EFFECTIVE DATE: January 9, 1998.
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 correspondence (28 CFR part 540, subpart B). A proposed
rule on this subject was published in the Federal Register December 9,
1996 (61 FR 64954).
Provisions on general correspondence in Sec. 540.14(b) and (c)
previously specified that outgoing general mail from pretrial inmates
may be sealed by the inmate and are not subject to inspection by staff.
On December 9, 1996, the Bureau proposed to require that general mail
from pretrial inmates be sent out unsealed and subject to inspection.
The proposed requirement matched the requirement for outgoing general
mail from sentenced inmates in medium, high, and administrative
facilities. Ordinarily, pretrial inmates are housed in administrative
facilities. Because pretrial inmates are not classified as to levels of
security (as sentenced inmates are), the proposed requirement would
apply to pretrial inmates even if they happen to be housed in minimum
or low facilities. Special mail, whether from pretrial inmates or
sentenced inmates, was unaffected by the proposed amendment.
No public comment was received on the proposed rule, and the Bureau
is therefore adopting the proposed rule as final without change.
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.
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. 601 et seq.), does not have a
significant economic impact on a substantial number of small entities,
within the meaning of the Act. Because 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, its economic
impact is limited to the Bureau's appropriated funds.
List of Subjects in 28 CFR Part 540
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 540 in subchapter C of 28 CFR
chapter V is 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, 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. 540.14, paragraphs (b) and (c) are revised to read as
follows:
Sec. 540.14 General correspondence.
* * * * *
(b) Except for ``special mail,'' outgoing mail from a pretrial
inmate may not be sealed by the inmate and may be read and inspected by
staff.
(c)(1) Outgoing mail from a sentenced inmate in a minimum or low
security level institution may be sealed by the inmate and, except as
provided for in paragraphs (c)(1)(i) through (iv) of this section, is
sent out unopened and uninspected. Staff may open a sentenced inmate's
outgoing general correspondence:
(i) If there is reason to believe it would interfere with the
orderly running of the institution, that it would be threatening to the
recipient, or that it would facilitate criminal activity;
(ii) If the inmate is on a restricted correspondence list;
(iii) If the correspondence is between inmates (see Sec. 540.17);
or
(iv) If the envelope has an incomplete return address.
(2) Except for ``special mail,'' outgoing mail from a sentenced
inmate in a medium or high security level institution, or an
administrative institution may not be sealed by the inmate and may be
read and inspected by staff.
* * * * *
[FR Doc. 97-32324 Filed 12-9-97; 8:45 am]
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