[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9431-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4734]
Federal Register / Vol. 64, 37 / Thursday, February 25, 1999 /
Proposed Rules
[[Page 9431]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 511 and 552
[BOP-1089]
RIN 1120-AA90
Searches of Housing Units, Inmates, and Inmate Work Areas, and
Persons Other Than Inmates: Electronic Devices
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed Rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing to amend
its regulations on searches of persons other than inmates, searches of
inmates, housing units, and inmate work areas with respect to the use
of electronic devices. This amendment is intended to provide for the
continued efficient and secure operation of the institution and to
prevent the introduction of contraband into Bureau institutions.
DATES: Comments due by April 26, 1999.
ADDRESSES: Rules Unit, 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 proposing to amend
its regulations on searches of persons other than inmates (28 CFR part
511, subpart B) and searches of inmates, housing units, and inmate work
areas (28 CFR part 552, subpart B). A final rule on searching,
detaining, or arresting persons other than inmates was published in the
Federal Register on November 1, 1984 (49 FR 44057), and was amended on
July 18, 1986 (51 FR 26126), February 1, 1991 (56 FR 4159), February 8,
1994 (59 FR 5924 and 5925), and March 10, 1998 (63 FR 11818). A final
rule on searches of housing units, inmates, and inmate work areas was
published in the Federal Register on November 13, 1980 (45 FR 75134)
and was amended on October 21, 1983 (48 FR 48970) and May 6, 1991 (56
FR 21036).
The Bureau's regulations allow for the use of electronic devices as
part of its general security measures. While in some instances the
regulations refer to electronic devices in general, other references
merely refer to metal detectors. At the time the Bureau's regulations
were issued, the most commonly used electronic devices by the Bureau
were metal detectors.
Metal detectors serve to reduce the potential for introducing
weapons into the institutions. Due to advances in technology, new types
of electronic devices are now available which are able to detect other
types of contraband, such as narcotics or illegal drugs. The Bureau is
therefore revising its regulations to remove possible confusion
regarding the use of the various electronic devices.
More specifically, current procedures for searching visitors state
that the Warden may require visitors entering the institution to submit
to a search by electronic means (28 CFR 511.12(b)(1)). However, in the
definition of reasonable suspicion at 28 CFR 511.11(a), we state that a
reasonable suspicion may be based on a positive reading of a metal
detector. We are revising the definition to state that a reasonable
suspicion may be based on a positive reading of an electronic detection
device. The reference to electronic means in Sec. 511.12(b)(1) is
revised to read electronic devices to maintain consistency.
The regulations on searches of housing units, inmates, and inmate
work areas note that staff shall employ the least intrusive method of
search practicable, as indicated by the type of contraband and the
method of suspected introduction. The procedures governing pat searches
of inmates (Sec. 552.11(a)) further note that a metal detector search
may be done under the same circumstances (i.e., on a routine or random
basis to control contraband). We are revising these provisions to
clarify the role of electronic devices in general. The existing
procedures in Sec. 552.11 are being redesignated in order to make room
for a new paragraph (a) pertaining to electronic devices. Listing
electronic devices first emphasizes the non-intrusive nature of such
searches.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,
HOLC Room 754, Washington, DC 20534. Comments received during the
comment period will be considered before final action is taken.
Comments received after the expiration of the comment period will be
considered to the extent practicable. All comments received remain on
file for public inspection at the above address. The proposed rule may
be changed in light of the comments received. No oral hearings are
contemplated.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation will not
have a significant economic impact upon a substantial number of small
entities for the following reasons: 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, and its
economic impact is limited to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
[[Page 9432]]
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Roy Nanovic, Office of
General Counsel, Bureau of Prisons, 320 First Street, NW., Washington,
DC 20534, 202-514-6655.
List of Subjects 28 CFR Parts 511 and 552
Prisoners.
Kathleen Hawk Sawyer,
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), parts 511 and 552 in subchapters A
and C respectively of chapter V, 28 CFR, are proposed to be amended as
set forth below.
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 511--GENERAL MANAGEMENT POLICY
1. The authority citation for 28 CFR part 511 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793,
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed 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, 6.1.
2. In Sec. 511.11, paragraph (a) is revised to read as follows:
Sec. 511.11 Definitions.
(a) Reasonable suspicion. As used in this rule, ``reasonable
suspicion'' exists if the facts and circumstances that are known to the
Warden warrant rational inferences by a person with correctional
experience that a person is engaged, or attempting or about to engage,
in criminal or other prohibited behavior. A reasonable suspicion may be
based on reliable information, even if that information is
confidential; on a positive reading of an electronic device; or when
contraband or an indicia of contraband is found during search of a
visitor's personal effects.
* * * * *
3. In Sec. 511.12, paragraph (b)(1) is revised to read as follows:
Sec. 511.12 Procedures for Searching Visitors.
* * * * *
(b) * * *
(1) By electronic device (for example, metal detector, or ion
spectrometry device).
* * * * *
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 552--CUSTODY
4. The authority citation for 28 CFR part 552 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 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.
5. In Sec. 552.11, the section heading is revised, paragraphs (a)
through (c) are redesignated as paragraphs (b) through (d), a new
paragraph (a) is added, and newly redesignated (b) is revised to read
as follows:
Sec. 552.11 Searches of inmates.
(a) Electronic devices. An inspection of an inmate, using
electronic devices (for example, metal detector, or ion spectrometry
device) that does not require the inmate to remove clothing. The
inspection includes a search of the inmate's clothing and personal
effects. Staff may conduct an electronic device search of an inmate on
a routine or random basis to control contraband.
(b) Pat search. An inspection of an inmate, using the hands, that
does not require the inmate to remove clothing. The inspection includes
a search of the inmate's clothing and personal effects. Staff may
conduct a pat search of an inmate on a routine or random basis to
control contraband.
* * * * *
[FR Doc. 99-4734 Filed 2-24-99; 8:45 am]
BILLING CODE 4410-05-P
