[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Page 10722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4655]
[[Page 10721]]
_______________________________________________________________________
Part V
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 524
Inmate Control at Independent Camps: Progress Reports; Final Rule
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 /
Rules and Regulations
[[Page 10722]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1037-F]
RIN 1120-AA32
Progress Reports
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: The Bureau of Prisons is amending its regulations on progress
reports to require that progress reports be prepared for inmates at
independent camps at least once every 24 or 36 months. The purpose of
this change is to streamline operations at Bureau facilities while
continuing to provide appropriate program services to inmates.
EFFECTIVE DATE: February 27, 1995.
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 49977),
and was amended on February 11, 1994 (59 FR 6856).
Current policy requires that a progress report be prepared on each
federal inmate at least once every 24 months, if for no other reason
than to update report information. With this amendment, inmates at
independent camps would be given progress reports at least once every
24 or 36 months, dependent upon institution resources. Progress reports
are used to maintain current information on an inmate such as his/her
institutional adjustment, program participation, and readiness for
release. Inmates at independent camps have demonstrated the necessary
responsibility to serve their term of incarceration in the least
restrictive environment. Because inmates in this environment do not
need the same level of program opportunities as inmates at higher
security institutions, program opportunities at camps are more limited.
Release readiness for such inmates is monitored regularly through unit
team review as part of the institution's release preparation program.
Consequently, the need for frequent progress reports is greatly
diminished. This amendment makes no change to the provisions in
Sec. 524.41(f) which allows for preparation for any other reason. This
amendment, therefore, will not negatively impact inmates at independent
camps. This change will give the Bureau the flexibility to streamline
operations at independent camps in accordance with staff resources.
The Bureau 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 of the 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.
Because these changes allow the Bureau to allocate staff resources
in a more efficient manner and do not impose further 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.
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 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. In Sec. 524.41, paragraph (e) is revised to read as follows:
Sec. 524.41 Types of progress reports.
* * * * *
(e) Biennial Report--except for inmates at independent camps, 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. Dependent upon institution resources,
progress reports for inmates housed at independent camps shall be
updated at least once every 24 or 36 months.
* * * * *
[FR Doc. 95-4655 Filed 2-24-95; 8:45 am]
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