[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 20126-20127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10207]
[[Page 20125]]
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Part V
Department of Justice
_______________________________________________________________________
Bureau of Prisons
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28 CFR Parts 506 and 540
Inmate Commissary Account Deposit Procedures; Proposed Rule
Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 /
Proposed Rules
[[Page 20126]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 506 and 540
[BOP-1091-P]
RIN 1120-AA86
Inmate Commissary Account Deposit Procedures
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 how an inmate may receive funds from family,
friends, and other sources. Under current regulation, funds intended
for any inmate's use are included in correspondence sent to the inmate
or left with staff as part of visiting. Staff at the institution
arrange for the deposit of these funds into the inmate's account. Under
the proposed regulations, funds from family, friends, or other sources
will no longer be sent to the inmate but will instead be sent directly
to a centralized inmate commissary account in the form of a money order
for receipt and posting. Any funds sent by family or friends to the
inmate's location will not be accepted and will be rejected and
returned to the sender provided there is an adequate return address.
This amendment is intended to provide for the more efficient processing
of inmate funds.
DATES: Comments due by June 22, 1999.
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 add
new regulations (28 CFR part 506) pertaining to inmate deposits and to
make conforming amendments to its regulation on inmate correspondence
(28 CFR 540.23). The current provisions in Sec. 540.23 were published
in the Federal Register on October 1, 1985 (50 FR 40109).
Current provisions on general correspondence allow an inmate, upon
completing the appropriate form, to receive funds through the mail from
family or friends or, upon approval of the Warden, from other persons
for crediting to the inmate's trust fund account. Current provisions on
visiting provide that the Warden may allow a visitor to leave money
with a designated staff member for deposit in the inmate's commissary
account. Institution staff are responsible for processing these funds.
The Bureau is proposing that all inmate funds from family and friends
be sent directly to a centralized inmate commissary account. The
deposit must be in the form of a money order and the envelope must not
contain any enclosures intended for delivery to the inmate as any
enclosure is subject to disposal. Personal checks are not acceptable,
but will be returned provided the check has adequate return address
information. Funds received from other sources such as tax refunds,
dividends from stocks, or state benefits will be forwarded for deposit
to the centralized inmate commissary account.
The Bureau currently manages its inmate accounting functions in a
completely de-centralized fashion. Each institution operates separately
and distinctly from one another, although each is performing virtually
identical functions. For example, posting mail room collections to
inmate accounts, making daily trips to the bank to deposit collections,
establishing inmate accounts each time an inmate arrives at their
current location, and transferring funds between institutions. The
Bureau believes that having a centralized inmate commissary account
will benefit the inmate by allowing them immediate access to their
funds. Also, the centralized inmate commissary account will eliminate
redundant work efforts, allow institutions complete access to detailed
inmate account history, remove personal liability from institution
staff related to handling of inmate funds, and enhance Bureau security
by allowing centralized reporting and comparisons of sources of
incoming funds and destination of outgoing funds across all
institutions. The tremendous growth of the number of Bureau facilities
coupled with new computer networking technology have made the current
method of managing inmate funds outdated, inefficient, and costly.
The Bureau will test deposit procedures under a centralized inmate
commissary account at a limited number of institutions. The inmates at
the institutions selected for the test project will be notified
individually of the procedures to follow and will be provided
assistance in notifying family and friends of these same procedures.
Information gathered from the test project will be used in conjunction
with comments received from the public in evaluating any final rule.
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.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation will not
have a significant economic impact upon a substantial number of small
entities for the following reasons: 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, and its
economic impact is limited to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 20127]]
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Roy Nanovic, Office of
General Counsel, Bureau of Prisons, HOLC Room 754, 320 First Street,
NW., Washington, DC 20534, 202-514-6655.
List of Subjects in 28 CFR Parts 506 and 540
Prisoners.
Kathleen Hawk Sawyer,
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(o), a new part 506 is proposed to be
added to 28 CFR, chapter V, subchapter A, and part 540 in 28 CFR,
chapter V, subchapter C is proposed to be amended as set forth below.
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
1. Part 506 is added to read as follows:
PART 506--INMATE COMMISSARY ACCOUNT
Sec.
506.1 Background.
506.2 Deposit procedures.
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; 31
U.S.C. 1321; 28 CFR 0.95-0.99.
Sec. 506.1 Background.
The Bureau operates individual inmate commissary accounts to
maintain inmates' monies while they are incarcerated. Deposits to the
account may be made by family or friends, and for funds received from
other sources.
Sec. 506.2 Deposit procedures.
(a) Funds deposited by family and friends. Deposits by family and
friends must be mailed to the centralized inmate commissary account at
the address provided by the Bureau and must be in the form of a money
order.
(1) The deposit envelope must not contain any enclosures intended
for delivery to the inmate. Any enclosure is subject to disposal.
(2) The deposit must be in the form of a money order made out to
the inmate's full name and complete register number. Checks are to be
returned to the sender provided the check contains an adequate return
address.
(b) Funds received from other sources. Funds received from other
sources in correspondence addressed to the inmate (for example, tax
refunds, royalties from books, dividends from stocks, state benefits)
are to be forwarded for deposit to the centralized inmate commissary
account.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 540--CONTACT WITH PERSONS IN THE COMMUNITY
1. The authority citation for 28 CFR part 540 continues to read as
follows:
Authority: 5 U.S.C. 301, 551, 552A, 18 U.S.C. 1791, 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; 28 CFR 0.95-0.99.
2. Section 540.23, is revised to read as follows:
Sec. 540.23 Inmate funds received through the mails.
Except as provided for in part 506 of this chapter, funds enclosed
in inmate correspondence are to be rejected. Deposits intended for the
inmate's commissary account must be mailed directly to the centralized
commissary account (see 28 CFR part 506).
3. In Sec. 540.51 paragraph (g)(3) is revised to read as follows:
Sec. 540.51 Procedures.
* * * * *
(g) * * *
(3) The visiting room officer may not accept articles or gifts of
any kind for an inmate, except packages which have had prior approval
by the Warden or a designated staff member.
* * * * *
[FR Doc. 99-10207 Filed 4-22-99; 8:45 am]
BILLING CODE 4410-05-P
