[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68264-68265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31499]
[[Page 68263]]
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Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 551
Victim and/or Witness Notification: State Custody Transfers; Final Rule
Federal Register / Vol. 64, No. 233 / Monday, December 6, 1999 /
Rules and Regulations
[[Page 68264]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
[BOP-1085-F]
RIN 1120-AA80
Victim and/or Witness Notification: State Custody Transfers
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document the Bureau of Prisons is amending its
regulations to provide for notification when an inmate is transferred
to a State or local detention facility for service of sentence. This
amendment is intended to provide for the protection of the public in
accordance with Attorney General guidelines for victim and witness
assistance.
EFFECTIVE DATE: December 6, 1999.
ADDRESSES: Rules Unit, 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 Victim and/or Witness Notification (28 CFR part 551,
subpart M). A final rule on this subject was published in the Federal
Register on April 30, 1984 (49 FR 18386), and was amended February 21,
1990 (55 FR 6178), and February 4, 1994 (59 FR 5514).
Attorney General guidelines for victim and witness assistance
specify that a responsible official in the Bureau of Prisons shall make
reasonable and diligent efforts to provide a victim with custodial
release notification. Such custodial release notification can be
reasonably made for inmates who are in the custody of the Bureau at a
Bureau institution. In certain instances (for example, when an inmate
has a concurrent State sentence) an inmate who has been convicted of a
Federal offense may serve his or her Federal sentence while in State
custody at a State facility. In these instances, Bureau staff may not
have timely notice of changes in the inmate's status relating to
release as that term is defined in Sec. 551.151(d).
The Bureau is accordingly revising its statement of purpose and
scope in Sec. 551.150 to note that notification is made for ``release
from a Bureau institution'' rather than ``release from prison'' as
previously specified. The phrase ``release from a Bureau institution''
is then defined in Sec. 551.151 in place of the term ``release'' and
revised to include the phrase ``transfer to a State or local detention
facility''. Under the revised definition, the Bureau is obligated to
notify a victim and/or witness of this change in the inmate's status
because the inmate is no longer in Bureau custody at a Bureau
institution. Further information on the inmate's status while in State
custody may be made available through the coordinating official in the
appropriate United States Attorney's Office or Department of Justice
investigating field office.
Because this amendment enhances the ability of the Bureau to assist
and protect victims and witnesses of crime by providing timely
notification of release, 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.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation will not
have a significant economic impact upon a substantial number of small
entities for the following reasons: 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, and its
economic impact is limited to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Roy Nanovic, Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First St.,
Washington, DC 20534; telephone (202) 514-6655.
List of Subjects in 28 CFR Part 551
Prisoners.
Kathleen Hawk Sawyer,
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 551 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR 551 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed 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
[[Page 68265]]
U.S.C. 509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99;
Attorney General's May 1, 1995 Guidelines for Victim and Witness
Assistance.
2. Section 551.150 is revised to read as follows:
Sec. 551.150 Purpose and scope.
The Bureau of Prisons provides a requesting victim and/or witness
of a serious crime with information on the release from a Bureau
institution of the inmate convicted of that serious crime.
3. In Sec. 551.151, paragraph (d) is revised to read as follows:
Sec. 551.151 Definitions.
* * * * *
(d) For purpose of this rule, the phrase release from a Bureau
institution refers to an inmate's furlough, parole (including
appearance before the Parole Commission), transfer to a State or local
detention facility, transfer to a community corrections center,
mandatory release, expiration of sentence, escape (including
apprehension), death, and other such release-related information.
[FR Doc. 99-31499 Filed 12-3-99; 8:45 am]
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