[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Rules and Regulations]
[Page 39916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19520]
[[Page 39915]]
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Part IV
Department of Justice
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Bureau of Prisons
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28 CFR Part 544
Mandatory English-as-a-Second Language Program; Final Rule
Federal Register / Vol. 62, No. 142 / Thursday, July 24, 1997 / Rules
and Regulations
[[Page 39916]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 544
[BOP-1013-F]
RIN 1120-AA19
Mandatory English-as-a-Second Language Program
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: This document finalizes interim rules pertaining to statutory
mandatory functional literacy requirements. The functional literacy
requirements provide that inmates who are not proficient in English
must participate in an English-as-a-Second-Language (ESL) program until
they function at the eighth grade level on a nationally recognized
achievement test. This amendment is intended to allocate Bureau
resources designed to assist inmates who are not functionally literate
in English.
EFFECTIVE DATE: July 24, 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 finalizing interim
regulations for its Mandatory English-as-a-Second-Language (ESL)
program. Mandatory functional literacy requirements contained in 18
U.S.C. 3624(f) require non-English speaking inmates to participate in
an ESL program until they function at an eighth grade level on a
nationally recognized educational achievement test. The Bureau's
interim regulations implemented the statutory requirements by requiring
qualified federal inmates to participate in an ESL program unless the
Warden has excused the inmate for good cause. The regulations also
included a provision for incentives to help effectuate inmate
motivation and success. In addition, this rule included procedures to
identify inmates who qualify for the program and recordkeeping
requirements to monitor inmate progress.
The Bureau received no comment on the interim regulations. In
adopting the interim regulations as final, the Bureau does wish to make
one administrative change. The Bureau is restating the time frame for
minimum required participation in terms of instructional hours, with
240 instructional hours being the equivalent of 120 calendar days.
Paragraph (d) of Sec. 544.42 has been revised accordingly.
Members of the public may submit further 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, the
interim rule amending 28 CFR part 544 which was published at 59 FR
14724 on March 29, 1994, is adopted as a final rule with the following
change.
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. In Sec. 544.42, paragraph (d) is revised to read as follows:
Sec. 544.42 Procedures.
* * * * *
(d) Ordinarily, there will be no time limit for completion of the
ESL mandatory program. However, after 240 instructional hours of
continuous enrollment in an ESL program, excluding sick time,
furloughs, and other excused absences from scheduled classes, the
Warden shall have the authority to grant a waiver from further program
participation. This waiver may be granted when it is determined that
the inmate will not benefit from further instruction. Each exemption
determination shall be made on an individual basis and shall be
supported by documentation.
[FR Doc. 97-19520 Filed 7-23-97; 8:45 am]
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