[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Rules and Regulations]
[Pages 18658-18659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10350]
[[Page 18657]]
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Part III
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 524
Intensive Confinement Center Program; Interim Rule
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules
and Regulations
[[Page 18658]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1006-I]
RIN 1120-AA11
Intensive Confinement Center Program
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: In this document, the Bureau of Prisons is adopting
regulations on the operation of the Intensive Confinement Center
Program. This is a specialized program for non-violent offenders
combining features of a military boot camp with the traditional
correctional values of the Bureau of Prisons. This placement is
followed by extended participation in community-based programs and
possible reduction in sentence. The goal of the intensive confinement
center program is to promote in the inmate values of personal
development, self control, and discipline, thereby helping to reduce
the potential for future incarceration of the inmate.
DATES: Effective May 28, 1996; comments due by June 25, 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 adopting interim
regulations on the Intensive Confinement Center Program. The purpose of
this program is to place non-violent offenders in a highly structured,
no frills environment as a means of promoting personal development,
self control, and discipline, thereby helping to reduce the potential
for future incarceration of the inmate. Participation in the program is
contingent upon length of sentence and upon the determination of Bureau
staff that the inmate is serving his or her first period of
incarceration or has a minor history of prior incarcerations, is not
serving a term of imprisonment for a crime of violence, is properly
classified as appropriate for housing in minimum security, and is
physically and mentally capable of participating in the program.
Participation in the program is voluntary.
Placement in the program is to be made by Bureau staff in
accordance with sound correctional judgment and the availability of
Bureau resources. The determination of a non-violent offense is based
upon the definition in 18 U.S.C. 924(c)(3).
The institution-based component of the program ordinarily is six
months in duration, and consists of strict discipline and daily regimen
of physical conditioning, labor-intensive work assignments, literacy
program, vocational training, and drug and alcohol counseling. The
program also offers the inmate assistance on stress management, life
coping skills, positive personal attitude and self-esteem. In addition,
there may be other activities available which are consistent with the
total wellness program. Amenities such as access to television and
radio are extremely limited (for example, television access may be
limited to a specified period of national news broadcasts). Smoking is
not permitted. The six day work week and the long work day leave little
free time, and visiting and telephone access are very limited. Non-
issue clothing and commissary privileges (except for monthly purchases
by female inmates of sanitary hygiene items in addition to those
provided by the Bureau) are not permitted.
An inmate who successfully completes the institution-based
component of the program ordinarily is eligible to serve the remainder
of the sentence in a community-based program (for example, in a
community correction center or in home detention). An inmate who fails
to complete this component or who subsequently fails participation in a
community-based program may forfeit further involvement in the program.
An eligible inmate with a sentence of not more than thirty months who
successfully completes the institution-based component, who maintains
successful participation in a community-based program, and who has
supervised release to follow is eligible for up to a six month
reduction in sentence. The length of the reduction is proportional to
the amount of time remaining to be served. Authority for a reduction in
sentence for such inmates is contained in 18 U.S.C. 4046. The Bureau
has piloted operation of this program for the purpose of placing
graduates in community-based programs for both male and female inmates.
Under the interim rule, consideration for reduction in sentence may be
given to an inmate who successfully completes an intensive confinement
center pilot program if staff confirm that the inmate meets appropriate
eligibility criteria.
The Bureau is publishing this regulation as an interim rule in
order to provide for public comment while maintaining continuity
between pilot program operation and full implementation of 18 U.S.C.
4046. Members of the public may submit comments concerning this rule by
writing to the previously cited address. These comments will be
considered before the rule is finalized.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12886. 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 economic impact on a
substantial number of small entities, as defined by the Act.
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 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 is revised 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; Title V, Pub. L. 91-452, 84 Stat. 933 (18
U.S.C. Chapter 223); 28 CFR 0.95-0.99.
2. Subpart D, consisting of Sec. 524.30 through 524.33, is added to
read as follows:
Subpart D--Intensive Confinement Center Program
Sec. 524.30 Purpose and scope.
Sec. 524.31 Eligibility and placement.
Sec. 524.32 Institution-based component procedures.
Sec. 524.33 Program failure.
Subpart D--Intensive Confinement Center Program
Sec. 524.30 Purpose and scope.
The intensive confinement center program is a specialized program
combining features of a military boot camp with the traditional
correctional values of the Bureau of Prisons,
[[Page 18659]]
followed by extended participation in community-based programs. The
goal of this program is to promote personal development, self-control,
and discipline.
Sec. 524.31 Eligibility and placement.
(a) Eligibility for consideration of placement in the intensive
confinement center program requires that the inmate is:
(1)(i) Serving a sentence of more than 12, but not more than 30
months (see 18 U.S.C. 4046), or
(ii) Serving a sentence of more than 30, but not more than 60
months, and is within 24 months of a projected release date.
(2) Serving his or her first period of incarceration or has a minor
history of prior incarcerations;
(3) Is not serving a term of imprisonment for a crime of violence;
(4) Appropriate for housing in minimum security;
(5) Physically and mentally capable of participating in the
program;
(6) A volunteer.
(b) Placement in the intensive confinement center program is to be
made by Bureau staff in accordance with sound correctional judgment and
the availability of Bureau resources.
Sec. 524.32 Institution-based component procedures.
(a) An eligible inmate who volunteers for participation in an
institution-based intensive confinement center program must agree to
forego opportunities which may be otherwise available to inmates in
Bureau institutions. Opportunities that may be affected include, but
are not limited to, visitation, telephone use, legal research time,
religious practices, commissary, smoking, and grooming preferences.
(b) The institution-based component of the intensive confinement
center program ordinarily is six months in duration.
(c) Disciplinary procedures to be followed in the institution-based
intensive confinement center program are set forth in subpart B of part
541 of this chapter.
(d)(1) An inmate who successfully completes the institution-based
component of the program ordinarily is eligible to serve the remainder
of the sentence in a community-based program.
(2) An inmate eligible for participation in the program under
Sec. 524.31(a)(1)(i) who successfully completes the institution-based
component, who maintains successful participation in a community-based
program, and has a period of supervised release to follow is eligible
for up to a six month reduction in sentence.
(3) An inmate who completes or has completed the institution-based
component of an intensive confinement center pilot program, who
maintains successful participation in a community-based program, and
has a period of supervised release to follow is eligible for up to a
six month reduction in sentence if staff confirm that the inmate has
met the requirements of Sec. 524.31(a)(1)(i), (2), (3) and (4).
Sec. 524.33 Program failure.
An inmate who fails to complete the institution-based component or
who subsequently fails participation in a community-based program may
forfeit his or her further involvement in the program.
[FR Doc. 96-10350 Filed 4-25-96; 8:45 am]
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