[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7375]
[[Page Unknown]]
[Federal Register: March 29, 1994]
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Part III
Department of Justice
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Bureau of Prisons
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28 CFR Part 544
Control, Custody, Care, Treatment and Instruction of Inmates; Mandatory
English-as-a-Second Language Program; Interim Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 544
RIN 1120-AA19
Control, Custody, Care, Treatment and Instruction of Inmates;
Mandatory English-as-a-Second Language Program
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: This rule incorporates statutory mandatory functional literacy
requirements into Bureau of Prisons policy. The functional literacy
requirements provide that inmates who are not proficient in English
must participate in an English-as-a-Second-Language (ESL) program until
they function at the eighth grade level on a nationally recognized
achievement test. This rule is intended to implement that statute and
to assist inmates who are not functionally literate in English.
DATES: Effective March 29, 1994. Comments must be submitted by May 31,
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 adding new
regulations for a Mandatory English-as-a-Second-Language (ESL) program
to conform to the mandatory functional literacy requirements of the
Omnibus Crime Control Act of 1990, 18 U.S.C. 3624(f). The statute
requires non-English speaking inmates to participate in an ESL program
until they function at an eighth grade level on a nationally recognized
educational achievement test. This rule implements the statutory
requirements by requiring qualified federal inmates to participate in
an ESL program unless the Warden has excused the inmate for good cause.
This rule also includes a provision that the program shall include
incentives to help effectuate inmate motivation and success. In
addition, this rule includes procedures to identify inmates who qualify
for the program and recordkeeping requirements to monitor inmate
progress.
All qualified inmates should be enrolled in the ESL program unless
the Warden documents that an inmate has been excused from participation
in the program for good cause. Implementing instructions to staff
provide that inmates who are not required to participate may attend if
the facilities can accommodate them.
Because these regulations are intended to meet statutory
requirements, the Bureau finds good cause for exempting the provisions
of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking. We are, however, interested in receiving public
comment on the procedures set forth. For this reason, we are publishing
this document as an interim rule. Members of the public are invited to
submit comments concerning this rule by writing to the previously cited
address. These comments will be considered prior to the Bureau
finalizing the rule 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; this rule
was 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 (Pub.
L. 96-354), does not have a significant impact on a substantial number
of small entities.
List of Subjects in 28 CFR Part 544
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 544 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 544--EDUCATION
1. The authority citation for 28 CFR part 544 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.
2. Subpart E, consisting of Secs. 544.40 through 544.44, is added
to read as follows:
Subpart E--Mandatory English-as-a-Second Language Program (ESL)
Sec.
544.40 Purpose and scope.
544.41 Applicability: Who must attend the ESL program.
544.42 Procedures.
544.43 Incentives.
544.44 Disciplinary action.
Subpart E--Mandatory English-as-a-Second Language Program (ESL)
Sec. 544.40 Purpose and scope.
Pursuant to the Crime Control Act of 1990 (18 U.S.C. 3624(f)),
limited English proficient inmates confined in Federal Bureau of
Prisons institutions are required to attend an English-as-a-Second
Language (ESL) program until they function at the equivalence of the
eighth grade level in competency skills. Waivers to this requirement
may be granted by the Warden in accordance with Secs. 544.41 and
544.42.
Sec. 544.41 Applicability: Who must attend the ESL program.
(a) All Federal prisoners who have limited English proficiency
skills shall attend an ESL program except:
(1) Pretrial inmates;
(2) Inmates committed for purpose of study and observation under
the provisions of 18 U.S.C. 4205(c) or, effective November 1, 1987, 18
U.S.C. 3552(b);
(3) Sentenced aliens with a deportation detainer;
(4) Other inmates whom, for documented good cause, the Warden may
excuse from attending the ESL program.
(b) Staff shall document in the inmate's education file the
specific reasons for not requiring the inmate to participate in the ESL
program.
Sec. 544.42 Procedures.
(a) The Warden at each federal institution shall ensure that
inmates who at their initial classification are found to be limited
English proficient are enrolled in the ESL program. Determination of
limited English proficiency is made by staff on the basis of personal
interviews and placement testing.
(b) An inmate who returns to the Federal Bureau of Prisons on a new
sentence or as a parole violator, and who has not achieved or is unable
to demonstrate verified achievement of the eighth grade level, must
provide verification or enroll in the ESL program until that inmate
achieves such a grade or is granted a waiver for cause.
(c) The Warden or designee shall assign to an education staff
member the responsibility to coordinate the institution's ESL program.
The ESL coordinator or designee shall meet with the inmate for the
purpose of enrolling the inmate in the ESL program. The ESL coordinator
shall be responsible for the completion of the official ESL Program
Record, and shall place it in the inmate's education file.
(d) Ordinarily, there will be no time limit for completion of the
ESL mandatory program. However, after 120 calendar days of continuous
enrollment in an ESL program, excluding sick time, furloughs, and other
excused absences from scheduled classes, the Warden shall have the
authority to grant a waiver from further program participation. This
waiver may be granted when it is determined that the inmate will not
benefit from further instruction. Each exemption determination shall be
made on an individual basis and shall be supported by documentation.
Sec. 544.43 Incentives.
The Warden or designee shall establish a system of incentives to
encourage an inmate to meet the mandatory ESL program requirements.
Sec. 544.44 Disciplinary action.
As with any other mandatory programs, such as work assignments,
staff may take disciplinary action against an inmate when that inmate
refuses to enroll and participate in, or to meet the minimum
requirements of the mandatory ESL program.
[FR Doc. 94-7375 Filed 3-28-94; 8:45 am]
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