[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Page 45292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22651]
[[Page 45291]]
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Part II
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 550
Urine Surveillance; Final Rule
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 /
Rules and Regulations
[[Page 45292]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 550
[BOP-1072-F]
RIN 1120-AA68
Urine Surveillance
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 use of urine surveillance to detect and deter
illegal drug use in order to reorganize the provisions and to allow for
the use of discretion by staff in filing an incident report in
instances when the inmate is unwilling to provide a specimen. This
revision is intended to provide for the continued efficient operation
of the institution.
EFFECTIVE DATE: August 26, 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 urine surveillance. A final rule on this subject was
published in the Federal Register on October 17, 1988 (53 FR 40687).
Current provisions on the use of urine surveillance to detect and
deter illegal drug use by inmates are contained in Sec. 550.30 (subpart
D). The Bureau is reorganizing these regulations in order to separate
procedural provisions from the statement of the regulation's purpose
and scope. The title of the subpart has been shortened. In addition,
the revised regulations (see new Sec. 550.31(a)) allow for the use of
staff discretion in filing incident reports in instances where the
inmate is unwilling to provide a specimen within two hours of a request
for the specimen. This provision now specifies that staff ordinarily
shall file an incident report. This change is intended to accommodate
unusual circumstances which could result in the inmate's being unable
to produce a specimen (for example, the inmate has a documented medical
or psychological problem, is dehydrated, etc.).
Because this amendment is either editorial in nature or provides
relief with respect to the discretionary filing of an incident report
in certain cases, 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 550
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 550 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 550--DRUG PROGRAMS
1. The authority citation for 28 CFR part 550 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), 4251-4255, 5006-5024 (repealed October 12, 1984
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510;
28 CFR 0.95-0.99.
2. Subpart D is revised to read as follows:
Subpart D--Urine Surveillance
Sec.
550.30 Purpose and scope.
550.31 Procedures.
Subpart D--Urine Surveillance
Sec. 550.30 Purpose and scope.
The Warden shall establish programs of urine testing for drug use,
to monitor specific groups or individual inmates who are considered as
high risk for drug use, such as those involved in community activities,
those with a history of drug use, and those inmates specifically
suspected of drug use. Testing shall be performed with frequency
determined by the Warden on at least 50 percent of those inmates who
are involved in community activities. In addition, staff shall randomly
sample each institution's inmate population during each month to test
for drug use.
Sec. 550.31 Procedures.
(a) Staff of the same sex as the inmate tested shall directly
supervise the giving of the urine sample. If an inmate is unwilling to
provide a urine sample within two hours of a request for it, staff
ordinarily shall file an incident report. No waiting period or extra
time need be allowed for an inmate who directly and specifically
refuses to provide a urine sample. To eliminate the possibility of
diluted or adulterated samples, staff shall keep the inmate under
direct visual supervision during this two-hour period, or until a
complete sample is furnished. To assist the inmate in giving the
sample, staff shall offer the inmate eight ounces of water at the
beginning of the two-hour time period. An inmate is presumed to be
unwilling if the inmate fails to provide a urine sample within the
allotted time period. An inmate may rebut this presumption during the
disciplinary process.
(b) Institution staff shall determine whether a justifiable reason
exists, (e.g., use of prescribed medication) for any positive urine
test result. If the inmate's urine test shows a positive test result
for the presence of drugs which cannot be justified, staff shall file
an incident report.
[FR Doc. 97-22651 Filed 8-25-97; 8:45 am]
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