96-19487. Central Inmate Monitoring (CIM) System  

  • [Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
    [Rules and Regulations]
    [Pages 40142-40144]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-19487]
    
    
    
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    Part V
    
    
    
    
    
    Department of Justice
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Bureau of Prisons
    
    
    
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    28 CFR Part 524
    
    
    
    Central Inmate Monitoring (CIM) System; Final Rule
    
    Federal Register / Vol. 61, No. 148 / Wednesday, July 31, 1996 / 
    Rules and Regulations
    
    [[Page 40142]]
    
    
    
    DEPARTMENT OF JUSTICE
    
    Bureau of Prisons
    
    28 CFR Part 524
    
    [BOP-1043-F]
    RIN 1120-AA43
    
    
    Central Inmate Monitoring (CIM) System
    
    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 the central inmate monitoring system for general 
    clarity, to remove obsolete categories, to update staff 
    responsibilities, and to make various changes in administrative 
    procedures. This revision is intended to provide for the continued 
    secure operation of Bureau institutions.
    
    EFFECTIVE DATE: July 31, 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 amending its 
    regulations on the central inmate monitoring (CIM) system. A final rule 
    on this subject was published in the Federal Register September 14, 
    1990 (55 FR 38007).
        The CIM system is an administrative program which allows the Bureau 
    to monitor and control the transfer, temporary release, and community 
    activities of inmates who present special needs for management. 
    Examples of such inmates include participants in Witness Security 
    programs, members of gangs or disruptive groups, and inmates who, for 
    their own safety, need to be separated from other identified inmates. 
    The CIM system operates to protect such inmates. In keeping with the 
    regulatory goals of E.O. 12866, the Bureau is revising the entire 
    regulation for the sake of general clarity. The acronym CIM is used 
    more consistently throughout the regulations. Other specific changes 
    are discussed below.
        Section 524.70 has been revised to remove redundancy and improve 
    readability. There is no change in the intent of this section.
        Section 524.71 has been revised to specify the Case Management 
    Coordinator as the official responsible for oversight and coordination 
    of CIM activities at the institution.
        Section 524.72 has been amended to remove the assignment category 
    of sophisticated criminal activity and to rename the assignment 
    category ``security threat groups'' as ``disruptive group''. In 
    addition, the provisions for separation in new paragraph (f) have been 
    amended to note the accommodation of separatees in institutions which 
    have the ability to prevent physical contact between separatees.
        Former Secs. 524.73 and 524.74 have been combined in new 
    Sec. 524.73 covering classification procedures. Paragraph (a) of new 
    Sec. 524.73 covers procedures for the initial assignment of a CIM 
    classification. These provisions were previously contained in former 
    Secs. 524.73(a), and 524.74 (a) and (b). Paragraph (b) of new 
    Sec. 524.73 covers procedures for notification to inmates of CIM 
    classification actions. These provisions were previously contained in 
    former Sec. 524.73 (b), (c), and (d) and in Sec. 524.78. Paragraph (c) 
    of new Sec. 524.73 covers procedures for the initial review of a CIM 
    assignment. These provisions were previously contained in former 
    Sec. 524.74 (d) and (f).
        The provisions of former Sec. 524.74(e) have been removed. New 
    Sec. 524.73(a) allows for classification of pretrial inmates, and 
    further specification as to appropriate assignments or procedures is 
    either unnecessary or redundant.
        New Sec. 524.74 revises provisions for activities clearance which 
    were contained in former Sec. 524.75. These provisions have been 
    revised for the sake of administrative streamlining. The revised 
    provisions allow for approval by the Warden in all cases except for 
    non-medical emergency clearances of Witness Security cases.
        New Sec. 524.75 revises the provisions for periodic review of CIM 
    status contained in former Sec. 524.76. These revisions have been made 
    for the sake of clarity and organization. Provisions on notification 
    contained in paragraph (a) of former Sec. 524.76 have been consolidated 
    into the general requirements for notification in new Sec. 524.73(b). 
    Provisions in paragraph (b) of former Sec. 524.76 for the removal of 
    Department of Justice Witness Security cases have been consolidated 
    into the general requirements for removal of a CIM classification in 
    new Sec. 524.73(d). Provisions in paragraph (c) of former Sec. 524.76 
    on State prisoner assignments have been consolidated into new 
    Sec. 524.73(a)(2).
        New Sec. 524.76 revises the provisions in former Sec. 524.77 for 
    appeals of a CIM classification to conform to previously published 
    revisions in the Administrative Remedy Program (28 CFR part 542) which 
    allow for inmates housed in Community Corrections Centers to file a 
    request with the Community Corrections Manager.
        The provisions in former Sec. 524.78 on classification of 
    recommitted offenders have been removed because these provisions have 
    been consolidated into new Sec. 524.73.
        Because these provisions impose no further restrictions on inmates 
    and deal with agency procedures designed to help ensure the continued 
    protection of 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 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 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 continues 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
    
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    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 F is revised to read as follows:
    
    Subpart F--Central Inmate Monitoring (CIM) System
    
    Sec.
    524.70  Purpose and scope.
    524.71  Responsibility.
    524.72  CIM assignment categories.
    524.73  Classification procedures.
    524.74  Activities clearance.
    524.75  Periodic review.
    524.76  Appeals of CIM classification.
    
    Subpart F--Central Inmate Monitoring (CIM) System
    
    
    Sec. 524.70  Purpose and scope.
    
        The Bureau of Prisons monitors and controls the transfer, temporary 
    release (e.g., on writ), and community activities of certain inmates 
    who present special needs for management. Such inmates, known as 
    central inmate monitoring (CIM) cases, require a higher level of review 
    which may include Central Office and/or Regional Office clearance for 
    transfers, temporary releases, or community activities. This monitoring 
    is not to preclude a CIM case from such activities, when the inmate is 
    otherwise eligible, but rather is to provide protection to all 
    concerned and to contribute to the safe and orderly operation of 
    federal institutions.
    
    
    Sec. 524.71  Responsibility.
    
        Authority for actions relative to the CIM system is delegated to 
    the Assistant Director, Correctional Programs Division, to Regional 
    Directors, and to Wardens. The Assistant Director, Correctional 
    Programs Division, and Regional Directors shall assign a person 
    responsible for coordinating CIM activities. The Case Management 
    Coordinator (CMC) shall provide oversight and coordination of CIM 
    activities at the institutional level, and the Community Corrections 
    Manager shall assume these responsibilities for contract facilities.
    
    
    Sec. 524.72  CIM assignment categories.
    
        CIM cases are classified according to the following assignments:
        (a) Witness Security cases. Individuals who agree to cooperate with 
    law enforcement, judicial, or correctional authorities, frequently 
    place their lives or safety in jeopardy by being a witness or intended 
    witness against persons or groups involved in illegal activities. 
    Accordingly, procedures have been developed to help ensure the safety 
    of these individuals. There are two types of Witness Security cases: 
    Department of Justice (authorized by the Attorney General under Title V 
    of Public Law 91-452, 84 Stat. 933); and Bureau of Prisons Witness 
    Security cases (authorized by the Assistant Director, Correctional 
    Programs Division).
        (b) Threats to Government officials. Inmates who have made threats 
    to government officials or who have been identified, in writing, by the 
    United States Secret Service as requiring special surveillance.
        (c) Broad publicity. Inmates who have received widespread publicity 
    as a result of their criminal activity or notoriety as public figures.
        (d) Disruptive group. Inmates who belong to or are closely 
    affiliated with groups (e.g., prison gangs), which have a history of 
    disrupting operations and security in either state or federal penal 
    (which includes correctional and detention facilities) institutions. 
    This assignment also includes those persons who may require separation 
    from a specific disruptive group.
        (e) State prisoners. Inmates, other than Witness Security cases, 
    who have been accepted into the Bureau of Prisons for service of their 
    state sentences. This assignment includes cooperating state witnesses 
    and regular state boarders.
        (f) Separation. Inmates who may not be confined in the same 
    institution (unless the institution has the ability to prevent any 
    physical contact between the separatees) with other specified 
    individuals who are presently housed in federal custody or who may come 
    into federal custody in the future. Factors to consider in classifying 
    an individual to this assignment include, but are not limited to, 
    testimony provided by or about an individual (in open court, to a grand 
    jury, etc.), and whether the inmate has exhibited aggressive or 
    intimidating behavior towards other specific individuals, either in the 
    community or within the institution. This assignment also includes 
    those inmates who have provided authorities with information concerning 
    the unauthorized or illegal activities of others. This assignment may 
    also include inmates from whom there is no identifiable threat, but who 
    are to be separated from others at the request of the Federal Judiciary 
    or U.S. Attorneys.
        (g) Special Supervision. Inmates who require special management 
    attention, but who do not ordinarily warrant assignment in paragraphs 
    (a) through (f) of this section. For example, this assignment may 
    include an inmate with a background in law enforcement or an inmate who 
    has been involved in a hostage situation. Others may include those who 
    are members of a terrorist group with a potential for violence.
    
    
    Sec. 524.73  Classification procedures.
    
        (a) Initial assignment. Except as provided for in paragraphs (a) 
    (1) through (4) of this section, an inmate (including pretrial inmates) 
    may be classified as a CIM case at any time by a Community Corrections 
    Manager or by appropriate staff at the Central Office, Regional Office, 
    or institution. This initial classification is effective upon 
    documentation in the inmate's record.
        (1) Witness Security cases. Witness Security cases are designated 
    by the Central Office only. An inmate's participation in the Department 
    of Justice Witness Security Program is voluntary. A commitment 
    interview and an admission and orientation interview are to be 
    conducted with the Witness Security inmate to ensure that the inmate 
    understands the conditions of confinement within the Bureau of Prisons. 
    Central Office classification of an individual as a Witness Security 
    case, under either the Department of Justice or Bureau of Prisons, does 
    not require additional review, and overrides any other CIM assignment.
        (2) State prisoners. Appropriate staff in the Central Office or 
    Regional Office designate state prisoners accepted into the Bureau of 
    Prisons from state or territorial jurisdictions. All state prisoners 
    while solely in service of the state sentence are automatically 
    included in the CIM system to facilitate designations, transfers, court 
    appearances, and other movements.
        (3) Special supervision. Placement in this assignment may be made 
    only upon the authorization of a Regional Director or the Assistant 
    Director, Correctional Programs Division.
        (4) Recommitted offenders. An inmate who is recommitted to federal 
    custody, who at the time of release was classified as a CIM case, 
    retains this classification pending a review of the CIM status in 
    accordance with paragraph (c) of this section.
        (b) Notification. The case manager shall ensure that the affected 
    inmate is notified in writing as promptly as possible of the 
    classification and the basis for it. Witness Security cases will be 
    notified through a commitment interview. The notice of the basis may be 
    limited in the interest of security or safety. For example, in 
    separation cases under Sec. 524.72, notice will not include the names 
    of those from whom the inmate must be separated. The inmate shall sign 
    for and receive a copy of the notification form. If the inmate refuses 
    to sign the notification form, staff witnessing the refusal shall 
    indicate this
    
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    fact on the notification form and then sign the form. Notification is 
    not required for pretrial inmates. Any subsequent modification of a CIM 
    assignment or removal from the CIM system requires separate 
    notification to the inmate.
        (c) Initial review. A classification may be made at any level to 
    achieve the immediate effect of requiring prior clearance for an 
    inmate's transfer, temporary release, or participation in community 
    activities. Except for Central Office or Regional Office classification 
    of an individual as a state prisoner in sole service of the state 
    sentence or for classification of pretrial inmates made by designated 
    staff at the institution, a review by designated staff (ordinarily 
    within 60 days of notification to the inmate) is required to determine 
    whether a sound basis exists for the classification. Staff making the 
    initial classification shall forward to the reviewing authority 
    complete information regarding the inmate's classification. An inmate 
    not notified of a change in the classification by the reviewing 
    authority within 60 days from the date of the initial notification may 
    consider the CIM classification final. Reviewing authorities for CIM 
    classification are:
        (1) Central Office Inmate Monitoring Section--reviews 
    classification decisions for all future separation assignments 
    (including recommitments) for Witness Security cases and for any 
    combination of assignments involving Witness Security cases.
        (2) Regional Office--reviews CIM classification decisions for 
    Disruptive Group, Broad Publicity, Threat to Government Officials, 
    Special Supervision, State Prisoners not in sole service of state 
    sentence and initial multiple assignments except Witness Security 
    Cases.
        (3) Warden, or Designee--reviews CIM classification decisions for 
    all separation assignments.
        (d) Removal. (1) Because participation in the Department of Justice 
    Witness Security Program is voluntary, such participants may request 
    removal from this assignment at any time. Such request shall be 
    forwarded to the Central Office Inmate Monitoring Section. Actual 
    removal of the CIM assignment will not occur until after approval from 
    the Department of Justice is received.
        (2) The reviewing authority is responsible for determining if 
    removal or modification of any CIM classification other than a 
    Department of Justice Witness Security case is appropriate. The inmate 
    retains the CIM classification pending a decision by the reviewing 
    authority.
        (3) When an inmate is removed for any reason from a CIM 
    classification (for example, because the reviewing authority either 
    disapproves the CIM classification or approves removal of a CIM 
    classification based on new information), the appropriate staff member 
    shall ensure that the relevant portions of the inmate central file are 
    either removed or, when part of a larger document, are amended to 
    clearly reflect removal of the CIM assignment. Staff shall notify the 
    inmate of the decision and document any change in the inmate's record, 
    and supportive documentation and the written basis for removal are to 
    be retained in the inmate privacy file.
    
    
    Sec. 524.74  Activities clearance.
    
        (a) Except as provided for in paragraph (b) of this section, the 
    Warden is the clearance authority on all transfers, temporary releases, 
    community activities, and escorted trips.
        (b) Witness Security cases. Central Office Inmate Monitoring 
    Section staff shall be the clearance authority on all transfers, 
    temporary releases, community activities, and escorted trips for 
    Witness Security cases, except in a medical emergency. In a medical 
    emergency, the Warden may transfer a Witness Security case to a local 
    hospital for emergency medical care without prior clearance.
    
    
    Sec. 524.75  Periodic review.
    
        The Warden shall ensure that the status of an inmate's CIM 
    assignment is considered at each program review. When staff believe 
    that removal or modification of a CIM classification is appropriate, 
    the institution's CMC and the appropriate reviewing authority must be 
    notified. Only the reviewing authority shall determine if removal or 
    modification of the CIM classification is appropriate.
    
    
    Sec. 524.76  Appeals of CIM classification.
    
        An inmate may at any time appeal (through the Administrative Remedy 
    Program) the inmate's classification as a CIM case. Inmates identified 
    as Witness Security cases may choose to address their concerns directly 
    to the Inmate Monitoring Section, Central Office, rather than use the 
    Administrative Remedy Program.
    
    [FR Doc. 96-19487 Filed 7-30-96; 8:45 am]
    BILLING CODE 4410-05-P
    
    
    

Document Information

Effective Date:
7/31/1996
Published:
07/31/1996
Department:
Prisons Bureau
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-19487
Dates:
July 31, 1996.
Pages:
40142-40144 (3 pages)
Docket Numbers:
BOP-1043-F
RINs:
1120-AA43: Central Inmate Monitoring
RIN Links:
https://www.federalregister.gov/regulations/1120-AA43/central-inmate-monitoring
PDF File:
96-19487.pdf
CFR: (9)
28 CFR 524.73(a)
28 CFR 524.73(a)(2)
28 CFR 524.70
28 CFR 524.71
28 CFR 524.72
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