[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31485]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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Part IX
Department of Justice
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Bureau of Prisons
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28 CFR Part 527
Designation and Transfer of D.C. Women Offenders; Rescission; Final
Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP-1024-F]
Designation and Transfer of D.C. Women Offenders; Rescission
AGENCY: Bureau of Prisons, Justice.
ACTION: Final Rule.
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SUMMARY: In this document, the Bureau of Prisons is rescinding its
regulations on Designation and Transfer of D.C. Women Offenders because
it is no longer the routine policy of the District of Columbia
Department of Corrections to place such inmates in the federal system.
By joint agreement with the Bureau, the Department of Corrections is
responsible for notifying D.C. women offenders being boarded in Bureau
facilities of any applicable Department of Correction provisions
previously contained in these regulations. Therefore, separate
notification by Bureau regulations is no longer necessary.
EFFECTIVE DATE: December 22, 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 rescinding its
regulations on Designation and Transfer of D.C. Women Offenders (28 CFR
527, subpart F). A final rule on this subject was published in the
Federal Register October 21, 1983 (48 FR 48969).
In accordance with E.O. 12866, the Bureau of Prisons is reviewing
its regulations for the purpose of ensuring that it promulgates only
such regulations as are required by law, are necessary to interpret the
law, or are made necessary by compelling public need. The Bureau has
determined that provisions for the designation and transfer of D.C.
women offenders are adequately covered through joint agreement with the
District of Columbia Department of Corrections. The text of the joint
agreement has been incorporated in its entirety into the Bureau's
internal instructions to staff, and the Bureau believes that there is
no need to restate these provisions in regulations.
In 1972, a civil suit (Garnes v. Taylor) was filed against the
District of Columbia Department of Corrections seeking to have the
court declare unconstitutional the practice of transferring female D.C.
Code violators to federal facilities far from the District of Columbia.
This suit was settled in 1975 by an agreement which established
procedures for designating and transferring female D.C. Code violators
to and from federal institutions. This agreement, known as the ``Garnes
Decree'', became effective December 10, 1976. The Bureau of Prisons,
recognizing that the District of Columbia Department of Corrections had
no facilities for housing long-term female offenders, agreed to
designate federal institutions for women with sentences of more than
one year who are not within nine months of a parole eligibility,
sentence expiration, or mandatory release date. The Bureau further
agreed to refer to the District of Columbia, for further consideration,
a District of Columbia woman confined within a Bureau institution
provided that the inmate desires the referral and is within nine months
of a parole eligibility, sentence expiration, or mandatory release
date. Regulations on this subject were issued by the Bureau in 1983 as
part of the general publication of Bureau rules relating to the
control, custody, care, treatment, and instruction of inmates.
Since 1983, the number of female offenders transferred from the
District of Columbia Department of Corrections has declined to the
point where only five cases remain in Bureau custody. Pursuant to a
joint agreement with the Bureau, the Department of Corrections is
responsible for notifying these inmates of the pertinent designation
and transfer procedures. This is similar to procedures applicable to
State inmates boarded in Bureau facilities.
Because this rescission imposes no new restrictions on inmates, the
Bureau finds good cause for exempting the provisions of the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, the opportunity for public comment, and delay in
effective date. Members of the public may submit 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 (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 527
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 527 in subchapter B of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 527--TRANSFERS
1. The authority citation for 28 CFR part 527 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624,
4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to
offenses committed on or after November 1, 1987), 4201-4218, 5003,
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.
Subpart F--[Removed]
2. Subpart F, consisting of Secs. 527.50 through 527.54, is
removed.
[FR Doc. 94-31485 Filed 12-21-94; 8:45 am]
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