[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34362-34363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13301]



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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Parts 522 and 543



Civil Contempt of Court Commitments; Federal Tort Claims Act; Final 
Rule

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules 
and Regulations

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 522

[BOP-1092-F]
RIN 1120-AA87


Civil Contempt of Court Commitments

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 civil contempt of court commitments to note the 
statutory distinction between the order of service of a sentence for 
offenses committed before November 1, 1987, and those committed on or 
after November 1, 1987. This amendment merely describes the various 
dispositions of the court under the appropriate statutes and is 
intended to be informational in nature.

EFFECTIVE DATE: June 26, 2000.

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 Civil Contempt of Court Commitments (28 CFR part 522, 
subpart B). A final rule on this subject was published in the Federal 
Register on June 29, 1979 (44 FR 38244), and was amended April 6, 1994 
(59 FR 16406).
    Current provisions on civil contempt of court commitments in 
Sec. 522.11 describe a court's discretion pertaining to offenses 
committed before November 1, 1987. Section 522.11 (d) and (e) are being 
revised to reflect a court's discretion pertaining to offenses 
committed on or after November 1, 1987. More specifically, federal 
criminal sentences of imprisonment might not commence immediately upon 
being imposed for several reasons. For example, the defendant may be 
granted bail pending appeal, or the sentencing court may order the 
defendant to self-surrender at a later scheduled date. Consequently, 
Sec. 522.11(d) is revised to apply in those situations where a person 
receives a federal sentence of imprisonment and, prior to commencing 
service of the sentence, is the subject of a civil contempt commitment 
order. In such circumstances, the rule indicates credit toward service 
of the criminal sentence is delayed or suspended for the duration of 
the contempt commitment, unless the committing judge orders otherwise. 
The rule still applies to those defendants serving criminal sentences 
of imprisonment who subsequently become the subject of a civil contempt 
commitment order.
    Pursuant to federal caselaw decisions, multiple federal sentences 
of imprisonment imposed pursuant to 18 U.S.C. Chapter 227, as 
applicable to offenses committed before November 1, 1987, are presumed 
to run concurrently unless ordered to run consecutively by the 
sentencing judge. To the contrary, as applied to offenses committed on 
or after November 1, 1987, 18 U.S.C. 3584 requires that multiple 
federal sentences of imprisonment imposed at different times run 
consecutively unless ordered to run concurrently by the sentencing 
judge or statutory directive. Revised Sec. 522.11 (e)(1) and (2) 
reflect these differences in cases where a civil contempt commitment 
order is in effect and a criminal sentence of imprisonment is 
subsequently imposed. In the case of a criminal sentence of 
imprisonment imposed pursuant to 18 U.S.C. Chapter 227, as applicable 
to offenses committed before November 1, 1987, the criminal sentence 
runs concurrently with the commitment order unless the sentencing judge 
orders otherwise. In the case of a criminal sentence of imprisonment 
imposed pursuant to 18 U.S.C. Chapter 227, as applicable to offenses 
committed on or after November 1, 1987, the criminal sentence runs 
consecutively to the commitment order unless the sentencing judge 
orders otherwise.
    Because this amendment merely describes the various dispositions of 
the court under the appropriate statute, 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 13132

    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 13132, 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., NW., 
Washington, DC 20534; telephone (202) 514-6655.

[[Page 34363]]

List of Subjects in 28 CFR Part 522

    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 522 in 28 CFR, chapter V, 
subchapter B, is amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 522--ADMISSION TO INSTITUTION

    1. The authority citation for 28 CFR part 522 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), 4161-4166 (Repealed in part 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.


    2. In Sec. 522.11, paragraphs (d) and (e) are revised to read as 
follows:


Sec. 522.11  Procedures.

* * * * *
    (d) If a federal criminal sentence of imprisonment (including a 
Narcotic Addict Rehabilitation Act or Youth Corrections Act commitment) 
exists when a civil contempt commitment is ordered, credit towards 
service of the criminal sentence is delayed or suspended for the 
duration of the contempt commitment unless the committing judge orders 
otherwise.
    (e)(1) If a civil contempt commitment order is in effect when a 
criminal sentence of imprisonment is imposed under 18 U.S.C. Chapter 
227 (as applicable to offenses committed before November 1, 1987), the 
criminal sentence runs concurrently with the commitment order unless 
the sentencing judge orders otherwise.
    (2) If a civil contempt commitment order is in effect when a 
criminal sentence of imprisonment is imposed under 18 U.S.C. Chapter 
227 (as applicable to offenses committed on or after November 1, 1987), 
the criminal sentence runs consecutively to the commitment order unless 
the sentencing judge orders otherwise.
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[FR Doc. 00-13301 Filed 5-25-00; 8:45 am]
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