[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Rules and Regulations]
[Page 27872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13224]
[[Page 27871]]
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Part III
Department of Justice
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Bureau of Prisons
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28 CFR Part 527
Transfer of Offenders To or From Foreign Countries; Final Rule
Federal Register / Vol. 62, No. 98 / Wednesday, May 21, 1997 / Rules
and Regulations
[[Page 27872]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP-1065-F]
RIN 1120-AA60
Transfer of Offenders To or From Foreign Countries
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document the Bureau of Prisons is amending its
regulations on the transfer of offenders to or from foreign countries
to conform with revised procedures of the United States Parole
Commission. When notifying the Parole Commission of the receipt of a
transferee from a foreign country, the Bureau shall also provide the
Commission with a projected release date in order that the Commission
may make determinations without a hearing when necessary. Informational
references in the Bureau's regulations to Commission procedures have
been removed in order to eliminate unnecessary regulations.
EFFECTIVE DATE: May 21, 1997.
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 amending its
regulations on transfer of offenders to or from foreign countries. A
final rule on this subject was published in the Federal Register on
December 4, 1981 (46 FR 59507) and was amended on September 13, 1993
(58 FR 47976).
On October 17, 1996, the United States Parole Commission revised
its regulations in 28 CFR 2.62(e) pertaining to special transferee
hearings for prisoners transferred pursuant to treaty. The Commission
extended the time within which it normally conducts a hearing for a
prisoner who is transferred to the United States to serve a foreign
sentence. The extension, which reflects the need for the preparation of
postsentence reports supported by translations of foreign court
documents and for completion of other procedures, is from four months
to six months. The Commission also amended paragraph (e) to permit it
to render a determination without a hearing in the case of a transferee
who is given a release date by the Bureau that is less than six months
from the date the transferee enters the United States. For a complete
discussion of these changes, please refer to the Commission's interim
rule published on October 17, 1996 (61 FR 54096).
The Bureau's regulations on receiving United States citizens from
other countries (28 CFR 527.46) stipulate in paragraph (c)(3) that
Bureau staff shall notify the Parole Commission of the inmate's arrival
and restate some of the Commission's procedures, including a reference
to the hearing deadline. In order to conform its regulations to the
Commission's recent revisions, the Bureau has revised paragraph (c)(3)
to state that Bureau staff shall notify the Parole Commission of the
inmate's arrival and projected release date. This information is
sufficient to allow the Commission to invoke its own procedures.
Further information pertaining to Commission procedures and to
institution transfer have been removed. The Commission's regulations
are available in the law libraries of Bureau institutions.
Consequently, restatement of these regulations in Bureau regulations is
unnecessary. Procedures pertaining to institution transfer are
generally contained in internal instructions to Bureau staff and do not
need to be stated in the regulations.
Because this amendment conforms to the controlling regulations of
the Parole Commission, the Bureau finds good cause for exempting the
provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the opportunity for public comment, and
delay in effective date. Members of the public may submit comments
concerning this rule by writing to the previously cited address. These
comments will be considered but will receive no response 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, 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 (5 U.S.C. 601 et seq.), does not have a
significant economic impact on a substantial number of small entities,
within the meaning of the Act. 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.
List of Subjects in 28 CFR Part 527
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 527 in subchapter B of 28
CFR, chapter V is amended as set forth below.
Subchapter B--Inmate Admission, Classification, and Transfer
PART 527--TRANSFERS
1. The authority citation for 28 CFR part 527 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624,
4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to
offenses committed on or after November 1, 1987), 4201-4218, 5003,
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. In Sec. 527.46, paragraph (c)(3) is revised to read as follows:
Sec. 527.46 Receiving United States citizens from other countries.
* * * * *
(c) * * *
(3) Notify the U.S. Parole Commission of the inmate's arrival and
projected release date.
* * * * *
[FR Doc. 97-13224 Filed 5-20-97; 8:45 am]
BILLING CODE 4410-05-P
