[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Page 19430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10137]
[[Page 19429]]
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Part III
Department of Justice
_______________________________________________________________________
Bureau of Prisons
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28 CFR Part 524
Classification and Program Review: Team Meetings; Proposed Rule
Federal Register / Vol. 62, No. 76 / Monday, April 21, 1997 /
Proposed Rules
[[Page 19430]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1068-P]
RIN 1120-AA64
Classification and Program Review: Team Meetings
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Prisons is proposing to amend its regulations on
classification and program review to discontinue the practice of
permitting inmates to waive appearance at classification team meetings
for program reviews. The purpose of this change is to ensure that
inmates participate in their own program reviews.
DATES: Comments due by June 20, 1997.
ADDRESSES: Rules 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 proposing to amend
its regulations on classification and program review (28 CFR part 524,
subpart B). A final rule on this subject was published in the Federal
Register on July 3, 1991 (56 FR 30676), and was amended August 5, 1992
(57 FR 34662) and June 27, 1995 (60 FR 33320).
Program reviews provide the inmate with an opportunity to discuss
staff's assessment of the inmate's performance in the institution's
programming. Current regulations in Sec. 524.12(c), permit an inmate to
elect not to attend program reviews subsequent to the initial
classification meeting. In order to ensure that the inmate participates
in program reviews, the Bureau is proposing to eliminate the inmate's
option not to attend program reviews. Sanctions for an inmate's
unexcused absence, contained in the Bureau's regulations on inmate
discipline (see 28 CFR 541.13), remain unchanged.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly 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
impact on a substantial number of small entities. 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, its economic impact is limited to the Bureau's appropriated
funds.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Rules Unit,
Office of General Counsel, 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.
Comments received after the expiration of the comment period will be
considered to the extent practicable. 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.
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 proposed to be 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, 4046, 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; 21 U.S.C.
848; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
2. In Sec. 524.12, paragraph (c) is revised to read as follows:
Sec. 524.12 Initial classification and program reviews.
* * * * *
(c) Staff shall notify an inmate at least 48 hours prior to that
inmate's scheduled appearance before the classification team (whether
for the initial classification or subsequent program review). An inmate
may waive in writing the 48-hour notice requirement. The inmate is
expected to attend the initial classification and all subsequent
program reviews. If the inmate refuses to appear at a scheduled
meeting, staff shall document on the Program Review Report the inmate's
refusal and, if known, the reasons for refusal. A copy of this report
is to be forwarded to the inmate. The inmate is responsible for
becoming aware of, and will be held accountable for, the classification
team's actions.
* * * * *
[FR Doc. 97-10137 Filed 4-18-97; 8:45 am]
BILLING CODE 4410-05-P
