[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2850]
[[Page Unknown]]
[Federal Register: February 8, 1994]
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Part VI
Department of Justice
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Bureau of Prisons
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28 CFR Parts 511 and 551
Control, Custody, Care, Treatment and Instruction of Inmates; Final
Rule and Proposed Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 511
RIN 1120-AA01
Control, Custody, Care, Treatment and Instruction of Inmates;
Searching/Detaining of Non-Inmates
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 searching/detaining of non-inmates to incorporate statutory changes
concerning arrest authority for employees of the Bureau of Prisons, to
clarify terminology concerning contraband and prohibited objects, and
to make minor editorial changes.
EFFECTIVE DATE: February 8, 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 searching/detaining of non-inmates. A final rule on this
subject was published in the Federal Register November 1, 1984 (49 FR
44057) and amended July 18, 1986 (51 FR 26126) and February 1, 1991 (56
FR 4159). A summary of the changes promulgated in this document
follows.
Arrest authority for employees of the Bureau of Prisons, which is
contained in section 3050 of title 18 of the United States Code, was
broadened by Public Law 99-646. This document revises paragraph (b) of
28 CFR 511.10 to reflect that broadened authority. Paragraph (a) of
Sec. 511.10 is revised to clarify the equivalence of contraband and
prohibited objects. Section 511.11 is amended by clarifying the
provisions in paragraph (a) concerning reasonable suspicion which is
based upon confidential information, by removing extraneous language
from paragraph (b) and correcting punctuation in paragraph (b) for the
sake of editorial consistency, and by adding a definition of prohibited
objects in new paragraph (c). In Sec. 511.12, paragraph (d) is amended
by adding a phrase inadvertently omitted in a previous amendment to the
section.
Because these changes either merely conform the regulations to
current provisions of the United States Code, clarify existing
provisions, or are editorial in nature, 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. 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 511
Prisoners.
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 511 in subchapter A of 28
CFR, chapter V is amended as set forth below.
Kathleen M. Hawk,
Director, Bureau of Prisons.
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 511--GENERAL MANAGEMENT POLICY
1. The authority citation for 28 CFR part 511 is revised 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 28 CFR part 511, the heading for subpart B is revised to read
as follows:
Subpart B--Searching/Detaining of Non-Inmates
3. Section 511.10 is revised to read as follows:
Sec. 511.10 Purpose and scope.
(a) In an effort to prevent the introduction of contraband (such
prohibited objects as defined in Sec. 511.11(c)) into an institution,
Bureau of Prisons staff may subject all persons entering an
institution, or during their presence in an institution, to a search of
their persons and effects.
(b) Title 18, United States Code, section 3050 authorizes Bureau of
Prisons employees (does not include United States Public Health Service
employees)--
(1) to make an arrest on or off Bureau of Prisons premises without
warrant for violation of the following provisions regardless of where
the violation may occur: Sec. 111 (assaulting officers), Sec. 751
(escape), Sec. 752 (assisting escape) of title 18, United States Code,
and Sec. 1826(c) (escape) of title 28, United States Code;
(2) to make an arrest on Bureau of Prisons premises or reservation
land of a penal, detention, or correctional facility without warrant
for violation occurring thereon of the following provisions: Sec. 661
(theft), Sec. 1361 (depredation of property), Sec. 1363 (destruction of
property), Sec. 1791 (contraband), Sec. 1792 (mutiny and riot), and
Sec. 1793 (trespass) of title 18, United States Code, and
(3) to arrest without warrant for any other offense described in
title 18 or 21 of the United States Code, if committed on the premises
or reservation of a penal or correctional facility of the Bureau of
Prisons if necessary to safeguard security, good order, or government
property. Bureau policy provides that such an arrest may be made when
staff has probable cause to believe that a person has committed one of
these offenses and when there is likelihood of the person escaping
before a warrant can be obtained.
4. Section 511.11 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 a metal detector; or when
contraband or an indicia of contraband is found during search of a
visitor's personal effects.
(b) Probable cause. As used in this rule, ``probable cause'' exists
if the facts and circumstances that are known to the Warden would
warrant a person of reasonable caution to believe that an offense has
been committed.
(c) Prohibited object. A firearm or destructive device; ammunition;
a weapon or an object that is designed or intended to be used as a
weapon or to facilitate escape from a prison; a narcotic drug, lysergic
acid diethylamide, or phencyclidine; a controlled substance or
alcoholic beverage; any United States or foreign currency; and any
other object that threatens the order, discipline, or security of a
prison, or the life, health, or safety of an individual.
Sec. 511.12 [Amended]
5. In Sec. 511.12, paragraph (d) is amended by revising the phrase
``or is attempting to introduce'' to read ``or is introducing or
attempting to introduce''.
[FR Doc. 94-2850 Filed 2-7-94; 8:45 am]
BILLING CODE 4410-05-P
