[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 25100-25101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11883]
[[Page 25099]]
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Part V
Department of Justice
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Bureau of Prisons
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28 CFR Part 544
Postsecondary Education Programs for Inmates; Final Rule
Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules
and Regulations
[[Page 25100]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 544
[BOP-1035-F]
RIN 1120-AA35
Postsecondary Education Programs for Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is revising its
regulations on Postsecondary Education Programs for Inmates in order to
clarify requirements for tuition funding sources and to make various
administrative changes in the operation of the program. The intent of
this regulation is to provide for the more efficient use of Bureau
resources.
EFFECTIVE DATE: May 7, 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 Postsecondary Education Programs for Inmates. A final
rule on this subject was published in the Federal Register June 29,
1979 (44 FR 38249).
Existing regulations for Postsecondary Education Programs for
Inmates allowed institutions the discretion to pay for the costs of
college-level courses. The decision to provide payment in such cases
depended upon Bureau resources, the availability of other sources of
support, and a determination as to participation being an appropriate
or a necessary component of the inmate's correctional program. In cases
where participation was determined to be a necessary component of the
inmate's correctional program, the institution was authorized to pay
total costs for courses and related expenses; in cases where
participation was determined to be an appropriate component of the
inmate's correctional program, the institution was authorized to pay up
to 50 percent of the costs for courses and related expenses.
As revised, these provisions have been simplified to clarify those
conditions under which the Bureau may pay for tuition. As revised, the
provisions in new Sec. 544.23(d) specify that the Bureau may pay for
tuition, as institution resources allow, if the inmate is unable to pay
using personal funds or other sources, and that the course is part of a
one year certificate or two year Associate Arts degree program directly
related to preparation for a specific occupation/vocation. No
distinction is made as to whether participation is necessary rather
than merely appropriate.
Additional changes include the following. Section 544.20 has been
revised for the sake of conciseness. Provisions in that section
defining ``postsecondary education programs'' (formerly described as
``college-level courses'') have been transferred to a new Sec. 544.21.
Provisions specifying that the Warden shall establish procedures for
implementation of college-level courses have been redelegated to a
postsecondary education coordinator in new Sec. 544.23 (a).
New Sec. 544.22 specifies that inmates ordinarily shall be required
to have a verified high school diploma or General Educational
Development (GED) certificate prior to enrollment in a college-level
(degree) program. This requirement conforms to normal existing
enrollment requirements of the educational institutions which provide
the coursework.
New Sec. 544.23 contains procedures for the further operation of
postsecondary education programs. Paragraph (a) specifies that the
Warden or designee shall appoint a postsecondary education coordinator
(ordinarily an education staff member) who shall be responsible for
coordinating the institution's postsecondary education program.
Paragraphs (b) and (c) provide procedures for unit team review and
application. As noted above, paragraph (d) simplifies and consolidates
the provisions of former Secs. 544.21 regarding funding sources for
payment of tuition.
Because this amendment imposes no new restrictions on inmates, 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 certifies 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 544
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 544 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 544--EDUCATION
1. The authority citation for 28 CFR part 544 continues to read as
follows:
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; 28
CFR 0.95-0.99.
2. Subpart C, consisting of Secs. 544.20 through 544.21, is revised
to consist of Secs. 544.20 through 544.23 to read as follows:
Subpart C--Postsecondary Education Programs for Inmates
Sec.
544.20 Purpose and scope.
544.21 Definition.
544.22 Enrollment requirements.
544.23 Procedures.
Subpart C--Postsecondary Education Programs for Inmates
Sec. 544.20 Purpose and scope.
The Bureau of Prisons offers interested inmates the opportunity to
participate in postsecondary education programs whenever staff
recommends such enrollment to meet a correctional goal.
Sec. 544.21 Definition.
The term postsecondary education programs as defined in this
subpart shall include courses of study, including correspondence
courses, provided by junior or community colleges, four-year colleges
and
[[Page 25101]]
universities, and postsecondary vocational or technical schools.
Sec. 544.22 Enrollment requirements.
Inmates ordinarily shall be required to have a verified high school
diploma or General Educational Development (GED) certificate prior to
enrollment in a college-level (degree) program.
Sec. 544.23 Procedures.
(a) The Warden or designee shall appoint a postsecondary education
coordinator (ordinarily an education staff member) who shall have the
responsibility for coordinating the institution's postsecondary
education program.
(b) An inmate who wishes to participate in a postsecondary
education program must meet with his or her unit team to determine if
such participation meets an appropriate correctional program goal.
(c) If unit team staff agree that the inmate's participation meets
an appropriate correctional goal, the inmate may apply through the
postsecondary education coordinator.
(d) The inmate is expected to pay the tuition from personal funds
or other sources. If resources allow, the institution may pay the
tuition if all of the following apply:
(1) The inmate is unable to pay for the tuition from personal funds
or other sources;
(2) The course is directly related to preparation for a specific
occupation/vocation;
(3) The course is part of a one year certificate or a two year
Associate Arts degree program.
[FR Doc. 97-11883 Filed 5-6-97; 8:45 am]
BILLING CODE 4410-05-P
