[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Rules and Regulations]
[Pages 4356-4357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2091]
[[Page 4355]]
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Part III
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 571
Fines and Costs for ``Old Law'' Inmates; Final Rule
Federal Register / Vol. 63, No. 18 / Wednesday, January 28, 1998 /
Rules and Regulations
[[Page 4356]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1033-F]
RIN 1120-AA29
Fines and Costs for ``Old Law'' Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its
regulations on fines, or fines and costs, ordered by the court with
respect to an inmate convicted of an offense committed before November
1, 1987. The amended regulations conform with 18 U.S.C. 3569, requiring
a United States Magistrate Judge to determine whether an inmate is
indigent, for the purpose of determining the inmate's ability to pay a
committed fine, or fine and costs. This statutory authority previously
had included the Warden as a determining official. In accordance with
delegated authority by the Attorney General, final determination as to
the retention by the inmate of property in excess of that which is by
law exempt from being taken on civil process is to be made by the
appropriate United States Attorney. Bureau regulations previously had
designated the Regional Director as the determining official.
EFFECTIVE DATE: January 28, 1998.
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 fines and costs (28 CFR part 571, subpart F). A final
rule on this subject was published in the Federal Register on October
21, 1983 (48 FR 48971).
These amendments conform Bureau regulations to reflect 18 U.S.C.
3569 which, as revised and still applicable to offenses committed
before November 1, 1987, specifies a U.S. Magistrate Judge in the
district where the inmate is imprisoned as the official responsible for
determining whether an inmate is indigent for the purpose of
determining the inmate's ability to pay a committed fine, or fine and
costs. Previously, this statute had also authorized the Warden as a
determining official. These amendments also conform to delegated
authority (28 CFR 0.171(g)) from the Attorney General to United States
Attorneys regarding findings on retention by the inmate of property in
excess of that which is by law exempt from being taken on civil process
for debt. A discussion of the specific changes follows.
In Sec. 571.50, the introductory paragraph and paragraph (a) are
revised to identify clearly the applicability of the regulations. There
is no change in the intent of these paragraphs. Paragraph (b) is
amended to remove references to the Warden and the Regional Director as
determining officials, to include reference to the United States
Attorneys, and to remove unnecessary explanatory information.
In Sec. 571.51, paragraph (b) has been revised for editorial
purposes. There is no change in the intent of this paragraph.
In Sec. 571.52, paragraphs (a) and (b) have been revised for
editorial purposes. There is no change in the intent of these
paragraphs. Paragraph (c) has been amended to remove a reference to the
Warden as a determining official.
Former Sec. 571.53 has been removed. Removal of this provision is
necessary because the Warden no longer has the authority to determine
an inmate's ability to pay his or her fine or fine and costs. Former
Sec. 571.56 has also been removed, because the final determination as
to the retention of property which is reasonably necessary for the
inmate's support or that of his or her family has been delegated by the
Attorney General to United States Attorneys.
The material in Secs. 571.54 and 571.55 has been redesignated and
revised as new Secs. 571.53 and 571.54.
New Sec. 571.53 restates material formerly in old Sec. 571.54.
Paragraph (a) is revised to specify that an inmate must apply to the
U.S. Magistrate Judge in the district where the inmate is incarcerated
to determine whether the inmate is indigent for the purpose of
determining the inmate's ability to pay his or her fine, or fine and
costs. As revised, paragraph (b) removes the condition of a
determination of non-indigency by the Warden before an inmate may elect
to apply to the U.S. Magistrate Judge. This paragraph still directs
institution staff to offer to send all forms and information to the
U.S. Magistrate Judge for the inmate. Paragraph (c) has been revised
for editorial purposes. There is no change in the intent of this
paragraph. Paragraph (d) has been revised to include reference to the
United States Attorney as a determining official.
New Sec. 571.54 restates material in old Sec. 571.55. Paragraphs
(a), (b) and (c) have been revised for editorial purposes. There is no
change in the intent of these paragraphs. A new paragraph (d) is added
parallel the provisions in new Sec. 571.53(d) for forwarding a referral
package to the appropriate United States Attorney subsequent to a
finding of non-indigency.
Because these changes impose no new restrictions on inmates and
either conform to statutory requirements, other delegated authority, or
are administrative in nature, 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 (Pub. L. 96-354), does not have a
significant economic impact on a substantial number of small entities,
within the definition 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 571
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 571 in subchapter D of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
1. The authority citation for 28 CFR part 571 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in
part as to offenses committed on or after November 1, 1987), 3582,
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4161-4166, and
4201-4218 (Repealed as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed
after that date),
[[Page 4357]]
5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. II, Sec. 2; 28 CFR
0.95-0.99, 1.1-1.10.
2. Sec. 571.50 is revised to read as follows:
Sec. 571.50 Purpose and scope.
This subpart establishes procedures for processing a fine, or fine
and costs ordered by the court with respect to an inmate convicted of
an offense committed before November 1, 1987. When the court orders a
prisoner's confinement until payment of a fine, or fine and costs under
18 U.S.C. 3565, the Bureau of Prisons shall confine that inmate until
the fine, or fine and costs are paid, unless the inmate qualifies for
release under 18 U.S.C. 3569.
(a) An inmate held on the sole basis of his/her inability to pay
such fine, or fine and costs, and whose non-exempt property does not
exceed $20.00 may request discharge from imprisonment on the basis of
indigency (see 18 U.S.C. 3569).
(b) Under 18 U.S.C. 3569, the determination of indigency may be
made by a U.S. Magistrate Judge. Where the U.S. Magistrate Judge makes
a finding of non-indigency based on the inmate's application for a
determination of his ability to pay the committed fine, or fine and
costs, staff shall refer the application to the appropriate United
States Attorney for the purpose of making a final decision on the
inmate's discharge under 18 U.S.C. 3569. It is to be noted that 18
U.S.C. 3569 provides for confining an inmate for nonpayment of a
committed fine, or fine and costs.
3. In Sec. 571.51, the concluding text is removed and paragraph (b)
is revised as follows:
Sec. 571.51 Definitions.
* * * * *
(b) Costs--Monetary costs of the legal proceeding which the court
may levy. Imposition of costs is similar in legal effect to imposition
of a fine. The court may also impose costs with a condition of
imprisonment.
* * * * *
4. Sec. 571.52 is revised to read as follows:
Sec. 571.52 Procedures--committed fines.
(a)(1) Promptly after the inmate's commitment, staff shall inform
the inmate that there is a committed fine, or fine and costs on file,
as part of the sentence. Staff shall then impound the inmate's trust
fund account until the fine, or fine and costs is paid, except--
(i) The inmate may spend money from his/her trust fund account for
the purchase of commissary items not exceeding the maximum monthly
allowance authorized for such purchases.
(ii) Staff may authorize the inmate to make withdrawals from his/
her trust fund account for emergency family, emergency personal needs
or furlough purposes.
(2) This rule of impounding an inmate's trust fund account applies
only when the inmate is confined in a federal institution. It does not
apply to a federal inmate confined in a state institution or a contract
community-based facility.
(b) If the inmate pays the committed fine, or fine and costs, or
staff have verified payment, staff shall document payment in the
appropriate file and release the inmate's trust fund account from
impoundment.
(c) Staff shall interview the inmate with an unpaid committed fine
at least 75 days prior to the inmate's release date. Staff shall
explain to the inmate that to secure release without paying the
committed fine, or fine and costs in full, the inmate must make an
application, on the appropriate form, to the U.S. Magistrate Judge for
determination as to whether the inmate can be declared indigent under
18 U.S.C. 3569.
Secs. 571.53 and 571.56 [Removed]
5. Secs. 571.53 and 571.56 are removed.
6. Secs. 571.54, 571.55 are redesignated as new Secs. 571.53 and
571.54 and revised as follows:
Sec. 571.53 Determination of indigency by U.S. Magistrate--inmates in
federal institutions.
(a) An inmate with a committed fine, or fine and costs who is
imprisoned in a federal institution may make application for a
determination of indigency directly to the U.S. Magistrate Judge in the
district where the inmate is imprisoned under 18 U.S.C. 3569.
(b) After completion of the application, staff shall offer to
forward the completed forms and any other applicable information the
inmate chooses to the U.S. Magistrate Judge.
(c) If the U.S. Magistrate Judge finds that the inmate is indigent,
the U.S. Magistrate Judge will administer the oath to the inmate. The
inmate shall be released no earlier than the regularly established
release date.
(d) If the U.S. Magistrate Judge finds that the inmate is not
indigent, Bureau staff shall forward a referral package to the
appropriate United States Attorney for a final determination as to the
inmate's ability to pay the committed fine, or fine and costs.
Sec. 571.54 Determination of indigency by U.S. Magistrate Judge--
inmates in contract community-based facilities or state institutions.
(a) Inmates with a committed fine, or fine and costs may be
transferred to contract community-based facilities, state institutions
as boarders, or state institutions for service of federal sentences
running concurrently with state sentences.
(b) Inmates with a committed fine, or fine and costs may be
committed directly to contract community-based facilities or state
institutions as boarders or may be designated to state institutions for
service of federal sentences running concurrently with state sentences.
(c) An inmate with a committed fine, or fine and costs who is
imprisoned in a contract community-based facility or state institution
and desires to make application for a determination of ability to pay
the committed fine, or fine and costs under 18 U.S.C. 3569 may make
application directly to the U.S. Magistrate Judge.
(d) Upon receipt of a finding by the U.S. Magistrate Judge that the
inmate is not indigent, Bureau staff shall forward a referral package
to the appropriate United States Attorney for a final determination as
to the inmate's ability to pay the committed fine, or fine and costs.
[FR Doc. 98-2091 Filed 1-27-98; 8:45 am]
BILLING CODE 4410-05-P
