[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Proposed Rules]
[Pages 14440-14441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7815]
[[Page 14439]]
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Part IX
Department of Justice
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Bureau of Prisons
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28 CFR Part 553
Inmate Personal Property; Proposed Rule
Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / Proposed
Rules
[[Page 14440]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 553
[BOP-1051-P]
RIN 1120-AA46
Inmate Personal Property
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 personal property to allow for the
standardization of authorized personal property lists at Bureau
institutions and to facilitate procedures for the transportation of
personal property due to inmate transfer or release. This amendment is
intended to provide for the more efficient and secure operation of the
institution.
DATES: Comments must be submitted by May 31, 1996.
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 proposing to amend
its regulations on inmate personal property (28 CFR part 553, subpart
B). A final rule on this subject was published in the Federal Register
April 29, 1983 (48 FR 19573).
Current regulations governing inmate personal property specify
that, consistent with the mission of the institution, each Warden shall
identify in writing that personal property which may be retained by an
inmate (see 28 CFR 553.10). Because of variations among institution
lists, when inmates transfer between institutions not all property
authorized at the sending institution may be considered authorized at
the receiving institution. Any unauthorized property is mailed at
government expense to another party of the inmate's choice.
In order to alleviate this problem, the Bureau is implementing a
standardized list of property which would be authorized for retention
at all institutions. The Warden retains the discretion to authorize
additional items for retention at his or her institution. Typically,
these additional items will be government-issued or perishable. The
Bureau proposes that this standardized property list become fully
implemented by November 1, 1997. Consequently, Sec. 553.10 is being
amended to refer to the standardized list and to additions authorized
by the Warden. Under this new procedure, less personal property being
transferred between institutions will be subject to rejection by the
receiving institution. Property authorized for retention by the Warden
in addition to the standardized list will be identified as such. Until
full implementation of this procedure (i.e., November 1, 1997), the
Bureau would continue to bear the cost of remailing to a non-Bureau
address of the inmate's choice any property which would not be
authorized by the receiving institution. After November 1, 1997, the
inmate would be responsible for the cost of such remailing.
Both the standardized list and the additional items authorized by
the Warden may include numerical limits on specific types of property
(for example, two pair of athletic shoes). Such numerical limits
reduces the reliance in the previous regulations on the amount of
storage as a determining factor in the retention of personal property
(former Sec. 553.11(a)(1) had stated ``Staff may allow an inmate to
retain that authorized property which the inmate may neatly and safely
store in the designated area''). Revised Sec. 553.11 now includes
reference to possible numerical limitations along with the procedures
for notifying inmates of such limits.
The provisions for storage space in new paragraph (b) contain a
clear statement that authorized personal property is to be stored in
the designated area. Specific provisions in the former regulations as
to the requirement to store special purchase items, commissary items,
correspondence, and reading materials have been removed to reduce
redundancy. New paragraphs (c) through (h) now focus on limitations
other than those imposed by space constraints. With respect to
clothing, new paragraph (c) provides that civilian clothing (i.e.,
clothing not issued to the inmate by the Bureau or purchased by the
inmate from the commissary) ordinarily is not authorized for retention
by the inmate. This is in keeping with the standardized list of
personal property. The regulations formerly allowed for some variation
(former Sec. 553.11(b), ``Staff may allow an inmate to retain that
clothing, whether civilian (at institutions where authorized) or
institution . . .''). Under new paragraph (c), such civilian clothing
possessed by current inmates could be retained no later than November
1, 1997. New paragraphs (d) and (e) are unchanged and are being
republished here for ease of review. New paragraph (f) is merely being
redesignated from former paragraph (g) and is also being republished
for ease of review.
Section 553.14 has been revised to address more completely
procedures for the shipment or disposal of property due to inmate
transfer and release. The revised procedures allow for more flexibility
in shipping property. As mentioned above, until November 1, 1997, these
procedures continue to provide for the remailing, at Bureau expense, of
personal property not authorized for retention by the receiving
institution. After that date, the inmate would be responsible for such
costs. Because the standardized list would be fully implemented by that
date, the Bureau expects that there would be substantially reduced need
for such remailings.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the 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. 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.
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 (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 553
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 553 in subchapter C of 28
CFR, chapter V is proposed to be amended as set forth below.
Subchapter C--Institutional Management
PART 553--INMATE PROPERTY
1. The authority citation for 28 CFR part 553 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed
[[Page 14441]]
in part as to offenses committed on or after November 1, 1987),
4126, 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. Section 553.10 is amended by revising the last sentence to read
as follows:
Sec. 553.10 Purpose and scope.
* * * Consistent with the mission of the institution, each Warden
shall identify in writing that personal property which may be retained
by an inmate in addition to that personal property which has been
approved by the Director for retention at all institutions.
3. Section 553.11 is revised to read as follows:
Sec. 553.11 Limitations on inmate personal property.
(a) Numerical limitations. Authorized personal property may be
subject to numerical limitations. The institution's Admission and
Orientation program shall include notification to the inmate of any
numerical limitations in effect at the institution and a current list
of any numerical limitations shall be posted on inmate unit bulletin
boards.
(b) Storage space. Staff shall set aside space within each housing
area for use by an inmate. The designated area shall include a locker
or other securable area in which the inmate is to store authorized
personal property. The inmate shall be allowed to purchase an approved
locking device for personal property storage in regular living units.
Staff may not allow an inmate to accumulate materials to the point
where the materials become a fire, sanitation, security, or
housekeeping hazard.
(c) Clothing. Civilian clothing (i.e., clothing not issued to the
inmate by the Bureau or purchased by the inmate from the commissary)
ordinarily is not authorized for retention by the inmate. Civilian
clothing which previously had been approved for retention may not be
retained after November 1, 1997. Prerelease civilian clothing for an
inmate may be retained by staff in the Receiving and Discharge area
during the last 30 days of the inmate's confinement.
(d) Legal materials. Staff may allow an inmate to retain those
legal materials which are necessary for an inmate's legal actions.
Legal reference materials, such as books, may be retained if such
materials are not available in the institution library. To ensure that
materials do not become a fire, sanitation, security, or housekeeping
hazard, each institution may establish a limit on the amount of, and
storage location for, legal materials in the inmate's living area.
Staff may authorize additional storage space, on a temporary, short-
term basis, to an inmate who demonstrates a need for additional
material in connection with that inmate's on-going litigation.
(e) Hobbycraft materials. Staff shall limit an inmate's hobby shop
projects within the cell or living area to those projects which the
inmate may store in designated personal property containers. Staff may
make an exception for an item (for example, a painting) where size
would prohibit placing the item in a locker. This exception is made
with the understanding that the placement of the item is at the
inmate's own risk. Staff shall require that hobby shop items be removed
from the living area when completed, and be disposed of in accordance
with the provisions of part 544, subpart D.
(f) Radios and watches. An inmate may possess only one approved
radio and one approved watch at a time. The inmate must be able to
demonstrate proof of ownership. An inmate who purchases a radio or
watch through a Bureau of Prisons commissary is ordinarily permitted
the use of that radio or watch at any Bureau institution if the inmate
is later transferred. If the inmate is not allowed to use the radio or
watch at the new institution, the inmate shall be permitted to mail, at
the receiving institution's expense, the radio or watch to a
destination of the inmate's choice. Where the inmate refuses to provide
a mailing address, the radio and/or watch may be disposed of through
approved methods, including destruction of the property.
(g) Education program materials. Education program materials or
current correspondence courses may be retained even if not stored as
provided in paragraph (b) of this section.
(h) Personal photos. An inmate may possess photographs, subject to
the limitations of paragraph (b) of this section, so long as they are
not detrimental to personal safety or security, or to the good order of
the institution.
4. Section 553.14 is revised to read as follows:
Sec. 553.14 Inmate transfer between institutions and inmate release.
(a) Except as provided for in paragraphs (a) (1) through (3) of
this section, authorized personal property shall be shipped by staff to
the receiving institution.
(1) The Warden ordinarily shall allow an inmate transferring to
another institution to transport personal items determined necessary or
appropriate by staff and, if applicable, legal materials for active
court cases.
(2) The Warden may require or allow an inmate who is transferring
to another institution under furlough conditions to transport all the
inmate's authorized personal property with him or her.
(3) An inmate who is being released or who is transferring to a
Community Corrections Center may arrange to ship personal property at
the inmate's expense. The inmate is responsible for transporting any
personal property not so shipped.
(b) If the inmate's personal property is not authorized for
retention by the receiving institution, staff at the receiving
institution shall arrange for the inmate's excess personal property to
be mailed to a non-Bureau destination of the inmate's choice. Until
November 1, 1997, the receiving institution shall bear the expense for
this mailing. After November 1, 1997, the inmate shall bear the expense
for this mailing.
(c) Whenever the inmate refuses to provide a mailing address for
return of the property or, when required, refuses to bear the expense
of mailing the property, the property is to be disposed of through
approved methods, including destruction of the property.
[FR Doc. 96-7815 Filed 3-29-96; 8:45 am]
BILLING CODE 4410-05-P
