[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Page 11818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6082]
[[Page 11817]]
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Part VII
Department of Justice
_______________________________________________________________________
Bureau of Prisons
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28 CFR Part 511
Searching and Detaining or Arresting Persons Other Than Inmates; Final
Rule
Federal Register / Vol. 63, No. 46 / Tuesday, March 10, 1998 / Rules
and Regulations
[[Page 11818]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 511
[BOP-1066-F]
RIN 1120-AA61
Searching and Detaining or Arresting Persons Other Than Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its
regulations on searching/detaining of non-inmates to authorize the
Warden to conduct visual searches of visitors suspected of introducing
contraband into a low and above security level institution (or
administrative institution, or in a pretrial or in a jail unit within
any security level institution) when there is reasonable suspicion that
the visitor possesses contraband or is introducing or attempting to
introduce contraband into the institution. Previously, such searches
were authorized at medium and higher security level institutions (or
administrative institution, or in a pretrial or in a jail unit within
any security level institution). This amendment is intended to provide
for the continued secure and safe operation of Bureau institutions.
EFFECTIVE DATE: April 9, 1998.
ADDRESSES: Rulemaking 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 amending its
regulations on searching/detaining non-inmates. A proposed rule on this
subject was published in the Federal Register on March 5, 1997 (62 FR
10164).
Current regulations in Sec. 511.12(d) permit the Warden to
authorize a visual search (visual inspection of all body surfaces and
cavities) of a visitor as a prerequisite to a visit in a medium or high
security level institution, or administrative institution, or in a
pretrial or in a jail (detention) unit within any security level
institution when there is reasonable suspicion that the visitor
possesses contraband or is introducing or attempting to introduce
contraband into the institution. Any visitor who objects to the search
procedure has the option of refusing and leaving the institution
property, unless there is reason to detain and/or arrest.
Low security level institutions, like medium and higher security
level institutions, maintain secure perimeter barriers and, to various
degrees, are characterized by security factors similar to those of
medium and higher security level institutions. Consistent with the
needs of these secure institutions, the Bureau proposed to authorize
the use of a visual search at low security level institutions. Minimum
security level institutions are unaffected by this proposal.
As an editorial change, the Bureau proposed to revise the title of
the regulation to ``Searching and Detaining or Arresting Persons Other
Than Inmates.'' This title more completely reflects the scope of the
regulation.
No comment was received on the proposed rule, and the Bureau is
therefore adopting the proposed rule as final without change. Members
of the public may submit further 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 (5 U.S.C. 601 et seq.), does not have a
significant economic impact on a substantial number of small entities,
within the meaning of the Act. Because 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 (including
contact with the public), its economic impact is limited to the
Bureau's appropriated funds.
List of Subjects in 28 CFR Part 511
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 511 in subchapter A of 28
CFR, chapter V is 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 28 CFR part 511, the heading for subpart B is revised to read
as follows:
Subpart B--Searching and Detaining or Arresting Persons Other Than
Inmates
3. In Sec. 511.12, paragraph (d) is revised to read as follows:
Sec. 511.12 Procedures for searching visitors.
* * * * *
(d) The Warden may authorize a visual search (visual inspection of
all body surfaces and cavities) of a visitor as a prerequisite to a
visit to an inmate in a low and above security level institution, or
administrative institution, or in a pretrial or in a jail (detention)
unit within any security level institution when there is reasonable
suspicion that the visitor possesses contraband or is introducing or
attempting to introduce contraband into the institution.
* * * * *
[FR Doc. 98-6082 Filed 3-9-98; 8:45 am]
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