[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Rules and Regulations]
[Page 65204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30641]
[[Page 65203]]
_______________________________________________________________________
Part III
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 540
Correspondence Between Confined Inmates; Final Rule
Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 /
Rules and Regulations
[[Page 65204]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP-1042-F]
RIN 1120-AA38
Correspondence: Correspondence Between Confined 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 provide unit managers with the
authority to approve correspondence in certain circumstances between
inmates in different federal institutions. These amendments are
intended to provide for the continued efficient and secure operation of
the institution.
EFFECTIVE DATE: December 18, 1995.
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 final
rule on this subject was published in the Federal Register October 1,
1985 (50 FR 40109) and was amended on February 1, 1991 (56 FR 4159).
Current provisions in Sec. 540.17 specify that in instances where
correspondence is permissible between inmates confined in separate
institutions, the Wardens of both institutions must approve of the
correspondence. In order to make better use of staff resources, the
Bureau is revising the introductory text and paragraph (b) of this
section to designate the unit managers in both institutions as the
approving officials in instances where both inmates are housed in
federal institutions and both inmates are either members of the same
immediate family or are parties or witnesses in a legal action in which
both inmates are involved. As revised, paragraph (b) designates the
Wardens of both institutions as the approving officials where one of
the inmates is housed in a non-federal institution or if approval is
being granted on the basis of exceptional circumstances. As a
conforming change, reference in the introductory text to the Warden as
the approving official in exceptional circumstances has been removed.
Because the circumstances permitting the approval by the unit
manager of correspondence between inmates are ordinarily fact specific
(i.e, the other inmate is either a member of the immediate family, or
is a party or witness in a legal action in which both inmates are
involved), no adverse impact on inmates is anticipated. Approval based
upon other exceptional circumstances remains with the Warden.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly 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.
The Bureau is publishing this regulation as an interim rule in
order to implement streamlining measures through more efficient use of
staff while still soliciting public comment. Members of the public may
submit comments concerning this rule by writing to the previously cited
address. These comments will be considered before the rule is
finalized.
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 is revised 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. 540.17, the introductory text and paragraph (b) are
revised to read as follows:
Sec. 540.17 Correspondence between confined inmates.
An inmate may be permitted to correspond with an inmate confined in
any other penal or correctional institution if the other inmate is
either a member of the immediate family, or is a party or witness in a
legal action in which both inmates are involved. Such correspondence
may be approved in other exceptional circumstances, with particular
regard to the security level of the institution, the nature of the
relationship between the two inmates, and whether the inmate has other
regular correspondence. The following additional limitations apply:
* * * * *
(b)(1) The appropriate unit manager at each institution must
approve of the correspondence if both inmates are housed in Federal
institutions and both inmates are members of the same immediate family
or are a party or witness in a legal action in which both inmates are
involved.
(2) The Wardens of both institutions must approve of the
correspondence if one of the inmates is housed at a non-Federal
institution or if approval is being granted on the basis of exceptional
circumstances.
[FR Doc. 95-30641 Filed 12-15-95; 8:45 am]
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