[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32120]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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Part VIII
Department of Justice
Bureau of Prisons
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28 CFR Part 527
Military and Coast Guard Offenders; Rescission; Final Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP-1022-F]
Military and Coast Guard 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 Military and Coast Guard Inmates because the provisions
contained in these regulations are sufficiently expressed in pertinent
statutes and agreements, and consequently do not need to be restated as
regulations.
EFFECTIVE DATE: December 29, 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 Military and Coast Guard Inmates (28 CFR 527.10). A
final rule on this subject was published in the Federal Register June
29, 1979 (44 FR 38247).
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 military and Coast Guard inmates are
sufficiently expressed in the pertinent statutes and agreements, and
that consequently there is no need to restate these provisions in
Bureau regulations.
Section 527.10 had stated that the Bureau of Prisons will accept a
military or Coast Guard inmate recommended for transfer to an
institution if, after examination of all available information, the
Bureau can provide appropriate resources for the inmate's needs. The
section specified that such inmates were subject to the same discipline
and treatment as other inmates, and provided information regarding
sentence computation and clemency eligibility.
Section 858 of title 10 of the United States Code explicitly
authorizes the confinement of persons adjudged by a court-martial or
other military tribunal in, among other places, any penal or
correctional institution under the control of the United States. This
same section also states, in part, that persons so confined are subject
to the same discipline and treatment as persons confined or committed
by the courts of the United States.
Sentence computation for military inmates remains the
responsibility of military authority, as do the award or disallowance
of Military Abatement Good Time, and the forfeiture, disallowance, or
restoration of Military Good Time. Pursuant to agreement with military
authorities, military and Coast Guard prisoners are eligible for
clemency consideration from their respective branch of service.
Additional information in Sec. 527.10 merely acknowledged the Bureau's
discretion to enter into an agreement with the appropriate military
authority.
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 52 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 B--[Removed and Reserved]
2. Subpart B, consisting of Sec. 527.10, is removed and reserved.
[FR Doc. 94-32120 Filed 12-28-94; 8:45 am]
BILLING CODE 4410-05-M
