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[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Proposed Rules]               
[Page 3182-3183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja10-21]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 3182]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 522

[BOP-1110-P]
RIN 1120-AB47

 
Intake Screening

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
streamline intake screening regulations by removing internal agency 
management procedures that need not be stated in regulation.

DATES: Comments are due by March 22, 2010.

ADDRESSES: Submit comments to the Rules Unit, Office of General 
Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 
20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to the 
Bureau at boprules@bop.gov or by using the http://www.regulations.gov 
comment form for this regulation. When submitting comments 
electronically you must include the BOP Docket No. in the subject box.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

     Please note that all comments received are considered part 
of the public record and made available for public inspection online at 
http://www.regulations.gov. Such information includes personal 
identifying information (such as your name, address, etc.) voluntarily 
submitted by the commenter.
     If you want to submit personal identifying information 
(such as your name, address, etc.) as part of your comment, but do not 
want it to be posted online, you must include the phrase ``PERSONAL 
IDENTIFYING INFORMATION'' in the first paragraph of your comment. You 
must also locate all the personal identifying information you do not 
want posted online in the first paragraph of your comment and identify 
what information you want redacted.
     If you want to submit confidential business information as 
part of your comment but do not want it to be posted online, you must 
include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first 
paragraph of your comment. You must also prominently identify 
confidential business information to be redacted within the comment. If 
a comment has so much confidential business information that it cannot 
be effectively redacted, all or part of that comment may not be posted 
on http://www.regulations.gov.
     Personal identifying information identified and located as 
set forth above will be placed in the agency's public docket file, but 
not posted online. Confidential business information identified and 
located as set forth above will not be placed in the public docket 
file. If you wish to inspect the agency's public docket file in person 
by appointment, please see the ``For Additional Information'' 
paragraph.
    In this document, the Bureau of Prisons (Bureau) proposes to 
streamline intake screening regulations in 28 CFR part 522, subpart C, 
by removing internal agency management procedures that need not be 
stated in regulation. Although we are removing these provisions from 
the CFR, they will remain in Bureau policy statements on intake 
screening. Bureau policy is a more appropriate vehicle through which to 
provide instruction and guidance to staff.
    The two regulations in 28 CFR subpart C, Sec. Sec.  522.20 and 
522.21, describe the Bureau's intake screening procedures. Section 
522.20 is a statement of purpose which we have not substantively 
altered.
    Section 522.21 explains that a newly arrived inmate will be cleared 
by the Medical Department and interviewed by staff before assignment to 
the general population. This section has not substantively changed, but 
is simply reworded. The current regulation states that, except for such 
camps and other satellite facilities where segregating a newly arrived 
inmate in detention is not feasible, the Warden will ensure that a 
newly arrived inmate is cleared by the Medical Department and provided 
a social interview by staff before assignment to the general 
population.
    The introductory paragraph in Sec.  522.21 states that intake 
screening interviews need not be done at ``camps and other satellite 
facilities where segregating a newly arrived inmate in detention is not 
feasible * * *'' This language is deleted from the proposed regulation 
because intake interviews are necessary at all facilities, including 
camps and satellite facilities. If an issue arises during intake 
screening of an inmate at a facility without the means to appropriately 
segregate an inmate, that inmate will be moved to a more appropriate 
facility. The regulation is therefore being revised to indicate that 
all inmates must be screened, without differentiation between those 
arriving at camps, satellite facilities, or other types of facilities.
    Other provisions in Sec.  522.21 are being deleted because they are 
purely staff guidance. The deleted provisions are (1) an instruction to 
staff to evaluate both the general physical appearance and emotional 
condition of the inmate during a social interview; and (2) an 
instruction to staff to place recorded results of the intake medical 
screening and the social interview in the inmate's central file. Both 
of these concepts will be retained in the relevant policy document, 
which is the Director's mandatory instruction to staff. The deleted 
provisions relate solely to internal agency management and practice, 
and do not impose obligations or confer any benefits upon our regulated 
entities (the inmates) or the public.

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

[[Page 3183]]

distribution of power and responsibilities among the various levels of 
government. Therefore, under Executive Order 13132, we determine 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, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it 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.

List of Subjects in 28 CFR Part 522

    Prisoners.

    Dated: January 8, 2010.
Harley G. Lappin,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
amend 28 CFR part 522 as follows.

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.

    2. Revise Subpart C to read as follows:

Subpart C--Intake Screening

Sec.
522.20 Purpose and scope.
522.21 Procedures.


Sec.  522.20  Purpose and scope.

    The purpose of this subpart is to explain that Bureau of Prisons 
staff screen newly arrived inmates to ensure that Bureau health, 
safety, and security standards are met.


Sec.  522.21  Procedures.

    (a) Upon an inmate's arrival, the inmate will be interviewed to 
determine if there are non-medical reasons for housing the inmate away 
from the general population.
    (b) Within 24 hours after an inmate's arrival, the inmate will be 
medically screened to determine if there are medical reasons, including 
mental health reasons, for housing the inmate away from the general 
population or for restricting temporary work assignments.

[FR Doc. 2010-878 Filed 1-19-10; 8:45 am]
BILLING CODE 4410-05-P
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