[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9432-9434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4735]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[BOP-1083-P]
RIN 1120-AA78
Inmate Discipline: Prohibited Acts
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 inmate discipline respecting violations of the
telephone and smoking policies. The existing prohibited act concerning
unauthorized use of the telephone is broadly stated and does not
address an inmate's use of the telephone to further criminal activity.
The Bureau therefore is establishing a greatest severity category
prohibited act for use of the telephone to further criminal activity
and a high severity category for use of the telephone for abuses other
than criminal activity. Other minor telephone infractions remain
covered by the existing low severity category prohibited act. The
intended effect of these revisions is to address the seriousness of
certain types of telephone abuse and deter criminal activity and
protect the security and good order of the institution. The existing
low category prohibited act for violations of the smoking policy is
elevated to a moderate category prohibited act. The intended effect of
this revision is to assist the Bureau in achieving its goal of a smoke
free environment.
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 inmate discipline (28 CFR part 541, subpart B). A
final rule on this subject was published in the Federal Register on
January 5, 1988 (53 FR 197), and was amended on October 17, 1988 (53 FR
40686), September 22, 1989 (54 FR 38987 and 54 FR 39095), July 21, 1993
(58 FR 39095), September 26, 1997 (62 FR 50788). The Bureau of Prisons
is also proposing to amend its regulations on smoking. A final rule on
this subject was published in the Federal Register on July 6, 1994 (59
FR 34742)
The existing low severity prohibited act concerning unauthorized
use of the telephone does not adequately address the more serious
problem of inmates engaging in or continuing criminal activity through
abuse of their telephone privileges. The Bureau's goal is to ensure
that inmates, once incarcerated, do not use telephones to continue
criminal activity. Therefore, the Bureau is proposing to establish a
greatest severity prohibited act for use of the telephone to further
criminal activity, and a high severity prohibited act for use of the
telephone for abuses other than criminal activity. Examples of what the
Bureau considers a violation of a high severity prohibited act are
third-party calls, third-party billing; possession of and/or use of
another inmate's PIN number, and talking in code. The current low
severity prohibited act remains for minor
[[Page 9433]]
telephone infractions such as talking beyond the 15-minute time period
and using the telephone in an unauthorized area.
The health risks associated with tobacco smoke and passive
inhalation of second-hand smoke by nonsmokers is well established by
medical and public health authorities. Currently, smoking is permitted
in designated outdoor areas and certain indoor designated areas. We are
elevating the seriousness of violations of the smoking policy to
emphasize the importance of limiting exposure to tobacco smoke to the
designated areas.
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.
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, Rules Unit,
Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 First
Street, NW., Washington, DC 20534, 202-514-6655.
List of Subjects in 28 CFR Part 541
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), part 541 in subchapter C of 28
CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
1. The authority citation for 28 CFR part 541 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), 4161-4166 (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.
2. In Sec. 541.13, Table 3 is amended by adding a new code 197
prohibited act under the greatest category, adding a new code 297 under
the high category prohibited act, adding a new code 332 moderate
category prohibited act, revising code 403 under the low moderate
category prohibited act, and revising code 406 under the low moderate
category prohibited act.
Sec. 541.13 Prohibited acts and disciplinary severity scale.
* * * * *
Table 3.--Prohibited Acts and Disciplinary Severity Scale
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Code Prohibited acts Sanctions
----------------------------------------------------------------------------------------------------------------
Greatest Category
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
197..................................... Use of the telephone to further criminal
activity.
* * * * * *
*
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High Category
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[[Page 9434]]
* * * * * *
*
297..................................... Use of the telephone for abuses other than
criminal activity (e.g., circumventing
telephone monitoring procedures,
possession and/or use of another inmate's
PIN number; third-party calling; third-
party billing; using credit card numbers
to place telephone calls, conference
calling; talking in code).
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Moderate Category
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
332..................................... Smoking where prohibited..................
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Low Moderate Category
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
403..................................... (Not to be used)..........................
* * * * * *
*
406..................................... Unauthorized use of mail or telephone
(e.g., exceeding the 15-minute time limit
for telephone calls; using the telephone
in an unauthorized area; placing of an
unauthorized individual on telephone
list) (Restriction, or loss for a
specific period of time, of these
privileges may often be an appropriate
sanction G) (May be categorized and
charged in terms of greater severity,
according to the nature of the
unauthorized use; e.g., the mail is used
for planning, facilitating, committing an
armed assault on the institution's secure
perimeter, would be charged as a Code 101
Assault).
* * * * * *
*
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[FR Doc. 99-4735 Filed 2-24-99; 8:45 am]
BILLING CODE 4410-05-P
