[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 10164-10165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5398]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 511
[BOP 1066-P]
RIN 1120-AA61
Searching and Detaining or Arresting Persons Other Than Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons is proposing to amend
its regulations on searching/detaining of non-inmates to authorize the
Warden to conduct visual searches of visitors suspected of introducing
contraband into a low and above security level institution (or
administrative institution, or in a pretrial or in a jail unit within
any security level institution) when there is reasonable suspicion that
the visitor possesses contraband or is introducing or attempting to
introduce contraband into the institution. Currently, such searches are
authorized at medium and higher security level institutions (or
administrative institution, or in a pretrial or in a jail unit within
any security level institution). This amendment is intended to provide
for the continued secure and safe operation of Bureau institutions.
DATES: Comments due by May 5, 1997.
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 proposing to amend
its regulations on searching/detaining non-inmates (28 CFR part 511,
subpart A. A final rule on this subject was published in the Federal
Register on November 1, 1984 (49 FR 44057) and was amended on July 18,
1986 (51 FR 26126), February 1, 1991 (56 FR 4159), and on February 8,
1994 (59 FR 5924).
Current regulations in Sec. 511.12(d) permit the Warden to
authorize a visual
[[Page 10165]]
search (visual inspection of all body surfaces and cavities) of a
visitor as a prerequisite to a visit in a medium or high security level
institution, or administrative institution, or in a pretrial or in a
jail (detention) unit within any security level institution when there
is reasonable suspicion that the visitor possesses contraband or is
introducing or attempting to introduce contraband into the institution.
Any visitor who objects to the search procedure has the option of
refusing and leaving the institution property, unless there is reason
to detain and/or arrest.
Low security level institutions, like medium and higher security
level institutions, maintain secure perimeter barriers and, to various
degrees, are characterized by security factors similar to those of
medium and higher security level institutions. Consistent with the
needs of these secure institutions, the Bureau proposes to authorize
the use of a visual search at low security level institutions. Minimum
security level institutions are unaffected by this proposal.
As an editorial change, the Bureau is also revising the title of
the regulation to ``Searching and Detaining or Arresting Persons Other
Than Inmates.'' This title more completely reflects the scope of the
regulation.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly 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
impact on a substantial number of small entities. Because this rule
pertains to institution security requirements, its economic impact is
limited to the Bureau's appropriated funds.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,
HOLC Room 754, Washington, DC 20534. Comments received during the
comment period will be considered before final action is taken.
Comments received after the expiration of the comment period will be
considered to the extent practicable. All comments received remain on
file for public inspection at the above address. The proposed rule may
be changed in light of the comments received. No oral hearings are
contemplated.
List of Subjects in 28 CFR Part 511
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 511 in subchapter A of 28
CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 511--GENERAL MANAGEMENT POLICY
1. The authority citation for 28 CFR part 511 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793,
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (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 U.S.C. 509, 510; 28 CFR 0.95-0.99, 6.1.
2. In 28 CFR part 511, the heading for subpart B is revised to read
as follows:
Subpart B--Searching and Detaining or Arresting Persons Other Than
Inmates
3. In Sec. 511.12, paragraph (d) is revised to read as follows:
Sec. 511.12 Procedures for searching visitors.
* * * * *
(d) The Warden may authorize a visual search (visual inspection of
all body surfaces and cavities) of a visitor as a prerequisite to a
visit to an inmate in a low and above security level institution, or
administrative institution, or in a pretrial or in a jail (detention)
unit within any security level institution when there is reasonable
suspicion that the visitor possesses contraband or is introducing or
attempting to introduce contraband into the institution.
* * * * *
[FR Doc. 97-5398 Filed 3-4-97; 8:45 am]
BILLING CODE 4410-05-P
