[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33320-33321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15748]
[[Page 33319]]
_______________________________________________________________________
Part VII
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 524
Classification and Programs Review; Final Rule
Federal Register / Vol. 60, No. 123 / Tuesday, June 27, 1995 / Rules
and Regulations
[[Page 33320]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1026-F]
RIN 1120-AA30
Classification and Program Review
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 Classification and Program Review to require program
reviews for an inmate at least once every 90 days when an inmate is
within twelve months of the projected release date. This amendment is
intended to allow for the more efficient use of Bureau staff.
EFFECTIVE DATE: July 27, 1995.
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 Classification and Program Review. A proposed rule on
this subject was published in the Federal Register November 1, 1994 (59
FR 54782).
Program reviews provide the inmate with an opportunity to discuss
staff's assessment of the inmate's performance in the institution's
programming. Previously, regulations in 28 CFR 524.12(b) had required a
program review for an inmate every 180 days until the inmate was within
two years of the projected release date. When an inmate was within two
years of projected release, a program review was required at least once
every ninety days. In the interest of making better use of staff
resources, the Bureau proposed to continue the conducting of program
reviews every 180 days until the inmate is within twelve months of the
projected release date.
Three comments were received on the proposed rule. One commenter
supported the adoption of the proposed rule, and two commenters either
opposed or offered suggested revisions to the proposed rule.
One commenter objected to the use of the phrase ``projected release
date,'' stating that it was not appropriate to inmates convicted under
the Sentencing Guidelines. This commenter recommended use of the phrase
``Mandatory Release Date'' or ``projected date for change of
Classification or Transfer to Lower Level or CCC [community corrections
center],'' urged retention of the phrase ``following initial
classification,'' and argued that the times allowed for consideration
and processing are such that the 90 day schedule should be maintained.
Other questions raised by this commenter pertained to the
implementation at Bureau institutions of specific provisions of 28 CFR
part 524, subpart B. These latter questions are appropriately addressed
through the Bureau's Administrative Remedy Program (28 CFR part 542)
rather than through this rulemaking procedure.
Another commenter acknowledged that the proposed rule would save
time for unit staff, but questioned whether inmates would be adversely
affected in the consideration and planning for community corrections
center placement (for example as part of a work cadre program or as
part of release to the community). This commenter recommended that the
90 day schedule be instituted at the 18 month mark, rather than at the
12 month mark.
The Bureau disagrees that the phrase ``projected release date'' is
not appropriate for inmates sentenced under the guidelines United
States Sentencing Commission. The statutory release date under such
guidelines may need to be recalculated in accordance with the status of
an inmate's good conduct time. Consequently, the phrase ``projected
release date'' adequately expresses the contingent nature of a
statutory release date. The Bureau also believes the phrase ``following
initial classification'' is not necessary, given the logical
expectation when a review would occur.
With respect to the scheduling of program reviews, the Bureau
believes that a program review every 180 days until the final year
before release is more than adequate. Monitoring work cadre
availability, relocation efforts, community corrections center
processing, or other critical release-related matters have always been
carefully monitored by unit team staff outside of program review
meetings. Should the inmate, during the second year before release,
wish to discuss one of these issues or another important matter with
the unit team before his or her next 180 day scheduled review, there is
a provision in rules (Sec. 524.14) to allow staff to hold additional
and special program reviews when necessary. Additionally, the status of
release preparation paperwork has always been communicated to inmates
through individual counseling, and not solely through unit team
meetings. Reducing the frequency of program reviews during the second
year before release will increase the amount of time staff have for the
processing of such paperwork.
In this final rule, the Bureau is also correcting a typographical
error (``and'' rather than ``an'') in Sec. 524.14 which was noted by
one of the commenters.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of Executive Order 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 (Public Law 96-354), does not have a
significant impact on a substantial number of small entities.
Members of the public may submit comment concerning this rule by
writing the previously cited address. These comments will be considered
but will receive no response in the Federal Register.
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, 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. In Sec. 524.12, paragraph (b) is revised to read as follows:
Sec. 524.12 Initial classification and program reviews.
* * * * *
(b) Staff shall conduct a program review for each inmate at least
once every 180 days. When an inmate is within twelve months of the
projected release date, a program review shall be conducted at least
once every 90 days.
* * * * * [[Page 33321]]
3. Section 524.14 is amended by revising the second sentence to
read as follows:
Sec. 524.14 Unscheduled reviews.
* * * Upon request of either the inmate or staff, and with the
concurrence of the team chairperson, an advanced program review may
occur.
[FR Doc. 95-15748 Filed 6-26-95; 8:45 am]
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