[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50786-50787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25533]
[[Page 50785]]
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Part VI
Department of Justice
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Bureau of Prisons
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28 CFR Parts 523, 541, and 544
Good Conduct Time; Interim Rule
Inmate Discipline and Good Conduct Time; Final Rule
Literacy Program; Interim Rule
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 /
Rules and Regulations
[[Page 50786]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 523
[BOP-1032-I]
RIN 1120-AA62
Good Conduct Time
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: In this document, the Bureau of Prisons is issuing interim
regulations for the awarding of good conduct time pursuant to the
Prison Litigation Reform Act of 1995 (PLRA). Pursuant to the PLRA, in
awarding good conduct time credit, the Bureau shall consider whether
the inmate, during the relevant period, has earned, or is making
satisfactory progress toward earning, a high school diploma or
equivalent degree. This interim rule provides that an inmate subject to
the PLRA shall be awarded the full 54 days credit for good conduct time
(prorated when the time served by the inmate for the sentence during
the year is less than a full year) if the inmate has earned or is
making satisfactory progress toward earning a General Educational
Development (GED) credential. The interim rule further provides that an
inmate subject to the PLRA shall be awarded 42 days credit for good
conduct time per year (prorated when the time served by the inmate for
the sentence during the year is less than a full year) if the inmate
has not earned or is not making satisfactory progress toward earning a
GED credential. The amount of good conduct time awarded is also subject
to disciplinary disallowance.
DATES: Effective November 3, 1997; comments must be submitted by
November 25, 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 adopting interim
regulations for the awarding of good conduct time for certain inmates.
The awarding and vesting of good conduct time at a rate of 54 days per
year (prorated when the time served by the inmate for the sentence
during the year is less than a full year) had been clearly stated by
statute since the implementation of the Sentencing Reform Act of 1984.
The actual awarding of good conduct time occurs annually on the date
marking the anniversary of the inmate's completion of one year in
Federal custody. The awarding of good conduct time is also subject to
disciplinary disallowance (see Tables 3 through 6 in 28 CFR 541.13).
Further statutory mandates on vesting good conduct time were added
by the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA)
and by the PLRA. Under the Sentencing Reform Act of 1984, good conduct
time vested annually. Section 20412 of VCCLEA required, among other
things, that credit toward an inmate's service of sentence shall not be
vested unless the inmate has earned or is making satisfactory progress
toward a high school diploma or an equivalent degree. Section 809 of
the PLRA requires, among other things, that credit toward an inmate's
service of sentence shall vest on the date the inmate is released from
custody, and that in awarding credit, the Bureau shall consider whether
the prisoner, during the relevant period, has earned, or is making
satisfactory progress toward earning, a high school diploma or an
equivalent degree. This interim regulation is being issued for the
purpose of implementing the discretionary provision of the PLRA
pertaining to the awarding of good conduct time.
Regulations for the Bureau's literacy program have been revised to
include a definition of ``satisfactory progress'' (28 CFR 544.73(b)).
The revised regulations are published elsewhere in today's Federal
Register. Pursuant to that definition, an inmate shall be deemed to be
making satisfactory progress toward earning a GED credential or high
school diploma unless and until the inmate receives a progress
assignment confirming that the inmate refuses to enroll in the literacy
program, that the inmate has been found to have committed a prohibited
act that occurred in a literacy program during the last 240 hours of
the inmate's most recent enrollment in the literacy program, or that
the inmate has withdrawn from the literacy program. An inmate who
receives a progress rating that the inmate is not making satisfactory
progress shall be deemed to be making satisfactory progress only after
the inmate has received a new progress assignment that the inmate has
been continuously enrolled in a literacy program for a minimum of 240
instructional hours. Any further withdrawal or finding that the inmate
has committed a prohibited act that occurred in a literacy classroom
during the last 240 instructional hours of the literacy program shall
result in a progress assignment indicating that the inmate is again not
making satisfactory progress.
An inmate who is subject to the requirements of VCCLEA (i.e., an
inmate who has been convicted of an offense committed on or after
September 13, 1994 but before April 26, 1996) therefore may have his or
her good conduct time vest if he or she possesses a high school
diploma, a GED credential, or is making satisfactory progress toward
attaining a GED. An inmate who is subject to the PLRA (i.e., an inmate
who has been convicted of an offense committed on or after April 26,
1996) is awarded credit upon Bureau consideration whether the inmate
has earned or is making satisfactory progress toward earning a high
school diploma or an equivalent degree. By statute, good conduct time
awarded to such inmate does not vest until the inmate is released from
custody. The Bureau has determined (see new Sec. 523.20) that when a
PLRA inmate has not earned a high school diploma and is not making
satisfactory progress toward earning a GED credential, the inmate shall
be awarded 42 days of good conduct time rather than 54 days (prorated
when the time served by the inmate during the year is less than a full
year). The amount of good conduct time to be awarded is also subject to
disciplinary disallowance.
The Bureau is publishing this regulation as an interim rule in
order to solicit public comment. Members of the public may submit
comments concerning this rule by writing to the previously cited
address. Comments received before expiration of the deadline will be
considered before the rule is finalized. Comments received after
expiration of the deadline will be considered to the extent
practicable.
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 pursuant to E.O. 12866. 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.
[[Page 50787]]
List of Subjects in 28 CFR Part 523
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 523 in subchapter B of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 523--COMPUTATION OF SENTENCE
1. The authority citation for 28 CFR part 523 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1,
1987 as to offenses committed on or after that date), 3621, 3622,
3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct
occurring on or after November 1, 1987), 4161-4166 (repealed October
12, 1984 as to offenses committed on or after November 1, 1987),
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. A new subpart C, consisting of Sec. 523.20, is added to read as
follows:
Subpart C--Good Conduct Time
Sec. 523.20 Good conduct time.
Pursuant to 18 U.S.C. 3624(b), as in effect for offenses committed
on or after November 1, 1987 but before April 26, 1996, an inmate earns
54 days credit toward service of sentence (good conduct time credit)
for each year served. This amount is prorated when the time served by
the inmate for the sentence during the year is less than a full year.
The amount to be awarded is also subject to disciplinary disallowance
(see Tables 3 through 6 in Sec. 541.13 of this chapter). Pursuant to 18
U.S.C. 3624(b), as in effect for offenses committed on or after April
26, 1996, the Bureau shall consider whether the inmate has earned, or
is making satisfactory progress (see Sec. 544.73(b) of this chapter)
toward earning a General Educational Development (GED) credential
before awarding good conduct time credit.
(a) When considering good conduct time for an inmate serving a
sentence for an offense committed on or after April 26, 1996, the
Bureau shall award:
(1) 54 days credit for each year served (prorated when the time
served by the inmate for the sentence during the year is less than a
full year) if the inmate has earned or is making satisfactory progress
toward earning a GED credential or high school diploma; or
(2) 42 days credit for each year served (prorated when the time
served by the inmate for the sentence during the year is less than a
full year) if the inmate has not earned or is not making satisfactory
progress toward earning a GED credential or high school diploma.
(b) The amount of good conduct time awarded for the year is also
subject to disciplinary disallowance (see Tables 3 through 6 in
Sec. 541.13 of this chapter).
[FR Doc. 97-25533 Filed 9-25-97; 8:45 am]
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