[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3285]
[[Page Unknown]]
[Federal Register: February 11, 1994]
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Part XI
Department of Justice
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Bureau of Prisons
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28 CFR Part 524
Control, Custody, Care, Treatment and Instruction of Inmates: Progress
Reports; Final Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
Control, Custody, Care, Treatment and Instruction of Inmates;
Progress Reports
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its rule
on Progress Reports in order to update information noted on the
progress report, to specify time frames for the preparation of a
progress report, to allow for waiver by the inmate of the two-thirds
review hearing, to eliminate provisions for the retention of outdated
progress reports, and to make other procedural changes. This amendment
is intended to update agency procedures (including clarification for
inmates committed under the Sentence Reform Act) and to conform to
Parole Commission procedures concerning waiver of the two-thirds review
hearing.
EFFECTIVE DATE: February 11, 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 amending its
regulations on Progress Reports. A final rule on this subject was
published in the Federal Register on December 3, 1990 (55 FR 49976).
Revised procedures of the Parole Commission allow for waiver by an
inmate of the hearing on two-thirds review. Section 524.41(b) is
therefore amended to specify that a progress report is prepared for a
two-thirds review unless the inmate has waived the parole hearing. As a
separate procedural change, paragraph (a) of this section is amended to
specify a time frame for a progress report being prepared for an
inmate's initial parole hearing.
An inmate committed under the Sentence Reform Act is not eligible
for parole, but may instead be eligible for release to a term of
supervision. Existing regulations in 28 CFR 524.41(c) specify that a
progress report is prepared as a pre-release record review at least
eight months prior to the inmate's presumptive parole date. This
amendment provides for the preparation of a progress report for release
of an offender to a term of supervision.
Paragraph (d) of Sec. 524.41 is amended to specify the same time
frame (i.e., within the previous 180 days) used in paragraph (a) of the
section.
Paragraph (e) of Sec. 524.41 is redesignated as paragraph (f), and
a new paragraph (e) is added to specify that a progress report be
prepared at least once every twenty four months for each designated
inmate. This is intended to help ensure continuity in maintaining
records of an inmate's institutional adjustment and accomplishments.
Section 524.42, Retention of reports, is removed. Each progress
report contains a summary of previous progress reports, and the Bureau
believes it unnecessary to retain the outdated reports.
Former Secs. 524.43 and 524.44 are redesignated as Secs. 524.42 and
524.43. Redesignated Sec. 524.42 is revised to update the information
contained in the current progress report. Internal instructions to
staff specify that the information required by paragraph (p) on
institutional adjustment summarizes information from previous progress
reports. Redesignated Sec. 524.43 is revised to clarify the inmate's
access to progress reports in light of the change in procedures
regarding retention of progress reports. Copies of previous progress
reports will not be available as they are no longer being retained in
the inmate's central file following the preparation of a new progress
report. As revised, Sec. 524.43 specifies that copies are to be offered
to inmates when they are newly prepared. Requests for copies of
progress reports ordinarily are made by inmates at this time. If the
inmate desires to receive a copy of a previous progress report, the
inmate should so request before the progress report is purged from his
or her central file.
Because these amendments involve procedural matters and impose no
additional 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 524
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 is 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 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 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; 21 U.S.C. 848; 28
U.S.C. 509, 510; 28 CFR 0.95-0.99.
2. Section 524.41 is amended by revising paragraphs (a), (b), (c),
and (d), by redesignating paragraph (e) as paragraph (f), and by adding
a new paragraph (e) to read as follows:
Sec. 524.41 Types of progress reports.
* * * * *
(a) Initial Hearing--prepared for an inmate's initial parole
hearing when progress has not been summarized within the previous 180
days.
(b) Statutory Interim/Two-Thirds Review--prepared for a parole
hearing conducted 18 or 24 months following a hearing at which no
effective parole date was established, or for a two-thirds review (see
28 CFR 2.53) unless the inmate has waived the parole hearing.
(c) Pre-Release--
(1) Record Review--prepared for and mailed to the appropriate
Parole Commission office at least eight months prior to the inmate's
presumptive parole date.
(2) Final--prepared at least 90 days prior to the release of an
offender to a term of supervision.
(d) Transfer Report--prepared on an inmate recommended and/or
approved for transfer to a community corrections center (CCC) or to
another institution and whose progress has not been summarized within
the previous 180 days.
(e) Biennial Report--a progress report shall be completed on each
designated inmate at least once every 24 months if not previously
generated for another reason required by this section.
* * * * *
Sec. 524.42 [Removed]
Secs. 524.43 and 524.44 [Redesignated as Secs. 524.42 and 524.43 and
Revised]
3. Section 524.42 is removed and Secs. 524.43 and 524.44 are
redesignated as Secs. 524.42 and 524.43 and are revised to read as
follows:
Sec. 524.42 Content of progress reports.
Staff shall include the following in each progress report:
(a) Institution (full name) and Date;
(b) Type of Progress Report;
(c) Committed name;
(d) Registration number;
(e) Age;
(f) Present security and custody level;
(g) Offense(s) for which committed;
(h) Sentence;
(i) Date sentence began;
(j) Time served to date, including jail time credit;
(k) Good conduct time/Extra good time earned;
(l) Statutory good time withheld or forfeited; Disallowed good
conduct time;
(m) Projected release date;
(n) Most recent Parole Commission action, including any special
conditions or requirements (if applicable);
(o) Detainers and pending charges on file;
(p) Institutional adjustment; this ordinarily includes information
on the inmate's:
(1) Program plans;
(2) Work assignments and skills acquired;
(3) Educational/vocational participation;
(4) Counseling programs;
(5) Incident reports;
(6) Institutional movement;
(7) Physical and mental health, including any significant mental or
physical health problems, and any corrective action taken; and
(8) Financial responsibility.
(q) Release planning:
(1) Where appropriate, staff shall request that the inmate provide
a specific release plan;
(2) Staff shall identify available release resources (including
CCC) and any particular problem that may be present in release
planning.
Sec. 524.43 Inmate's access to progress reports.
Upon request, an inmate may read and receive a copy of any progress
report retained in the inmate's central file which had been prepared on
that inmate after October 15, 1974. Staff shall allow the inmate the
opportunity to read a newly prepared progress report and shall request
the inmate sign and date the report. If the inmate refuses to do so,
staff witnessing the refusal shall document this refusal on the report.
Staff shall then offer to provide a copy of the progress report to the
inmate.
[FR Doc. 94-3285 Filed 2-10-94; 8:45 am]
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