[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12085-12087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4684]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1107-F]
RIN 1120-AB06


Suicide Prevention Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its 
regulations on the suicide prevention program for clarity and to remove 
agency management procedures which do not need to be stated in 
regulations. We intend the revised regulations to provide for the 
health and safety of inmates.

DATES: March 15, 2007.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 977, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 207-2105.

SUPPLEMENTARY INFORMATION: The Bureau is revising its regulations on 
the suicide prevention program (28 CFR part 552, subpart E). We 
published a proposed rule on November 13, 2000 (65 FR 67670). We 
received one comment.

What change is the Bureau making?

    We are revising the regulations generally for clarity and to remove 
procedures relating to agency management. The revised regulations more 
clearly describe for the inmate how we identify and protect inmates at 
risk for suicide.
    Procedures relating to agency management are exempt from the 
rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 
553). Removing these procedures from the regulations allows us to speak 
more directly to inmates.
    Revised Sec.  552.40 more precisely states the purpose of our 
suicide prevention program and summarizes how we place inmates in and 
remove them from the program. Former Sec. Sec.  552.41 through 552.43 
are combined in a new Sec.  552.41 which details the specific 
procedures we use to identify, refer, assess, and treat potentially 
suicidal inmates.
    We combined provisions for the conditions of a suicide watch in 
former Sec. Sec.  552.44, 552.46, and 552.48 in the new Sec.  552.42. 
The revised regulations are more objective based. For example, the 
revised regulations require that rooms designated for housing an inmate 
on suicide watch must allow staff to maintain adequate control of the 
inmate without compromising the ability to observe and protect the 
inmate.
    Previously, the regulations relied upon a more prescriptive 
approach of describing the location of the room (``* * * a non-
administrative detention/segregation cell ordinarily in the health 
services area''). This prescriptive approach does not take into account 
recent developments in correctional facility design and construction, 
and has become unnecessarily restrictive.
    Former Sec. Sec.  552.45 and 552.49 addressed agency management 
procedures, and former Sec.  552.47 affirms that a previously imposed 
sanction remains in effect for an inmate when that inmate is removed 
from a suicide watch. Because our regulations on inmate discipline 
sufficiently support that statement, we removed these three sections.

Response to Comment

    We received one comment on our proposed rulemaking. The commenter 
had three main areas of concern, which we address below:
    Section 552.40: The commenter stated that ``there should be a brief 
explanation of what a suicide watch is'' in the rules.
    We present just such a brief explanation of ``suicide watch'' in 
Sec.  552.42. In this section, we explain in detail the housing 
arrangements and conditions under which the suicidal inmate is 
constantly observed. Therefore, it is not necessary to define the term 
suicide watch in Sec.  552.40.
    Section 552.41: The commenter recommended the use of a ``buddy 
system'' to prevent suicide, suggesting that highly-regarded inmates 
might be chosen to ``look after'' or ``befriend'' the suicidal inmate. 
The commenter also suggested that we have a ``small team working 
together'' so that the suicidal inmate would ``get to know and 
associate and even depend on that team.''
    Each new inmate who enters a Bureau facility receives written 
material and an orientation that explains what to expect and how to get 
help from staff. Additionally, all new inmates receive a confidential 
medical and mental health screening by a medical professional to 
identify those who need assistance or have the potential for becoming 
suicidal. These inmates are immediately referred to a mental health 
professional for individual assessment and appropriate treatment. 
Therefore, an

[[Page 12086]]

inmate ``Buddy System'' is not necessary.
    Section 552.42: Finally, the commenter stated that the ``Warden 
should not have so much power.'' Particularly, the commenter referred 
to Sec.  552.42(b)(2), which states that ``[o]nly the Warden may 
authorize the use of inmate observers.'' The commenter suggests that 
inmates instead go through training to become suicide watch observers.
    In fact, the commenter's suggestion is our current practice. The 
Suicide Prevention Program Coordinator selects, trains, and evaluates 
inmate observers. A great responsibility rests with those assigned to 
observe the inmate and immediately report any attempt to do self-harm.
    For that reason, the decision to use Bureau staff or inmates is a 
critical decision which the Warden must make after input from the 
Suicide Prevention Program Coordinator. Elevating this decision to the 
Warden level ensures that all staff understand the importance of 
properly observing the inmate and providing appropriate care.
    For the reasons stated above, we do not change the final rule in 
light of the comment we received.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director, Bureau of Prisons has 
determined that this rule is not a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), and accordingly this rule 
has not been reviewed by the Office of Management and Budget.

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, 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 552

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
Under the 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 552, chapter V, subchapter C, as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

0
1. Revise the authority citation for 28 CFR part 552 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), 5006-5024 (Repealed October 12, 1984, as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510.


0
2. Revise subpart E to read as follows:
Subpart E--Suicide Prevention Program
Sec.
552.40 Purpose and scope.
552.41 Program procedures.
552.42 Suicide watch conditions.

Subpart E--Suicide Prevention Program


Sec.  552.40  Purpose and scope.

    The Bureau of Prisons (Bureau) operates a suicide prevention 
program to assist staff in identifying and managing potentially 
suicidal inmates. When staff identify an inmate as being at risk for 
suicide, staff will place the inmate on suicide watch. Based upon 
clinical findings, staff will either terminate the suicide watch when 
the inmate is no longer at imminent risk for suicide or arrange for the 
inmate's transfer to a medical referral center or contract health care 
facility.


Sec.  552.41  Program procedures.

    (a) Program Coordinator. Each institution must have a Program 
Coordinator for the institution's suicide prevention program.
    (b) Training. The Program Coordinator is responsible for ensuring 
that appropriate training is available to staff and to inmates selected 
as inmate observers.
    (c) Identification of at risk inmates. (1) Medical staff are to 
screen a newly admitted inmate for signs that the inmate is at risk for 
suicide. Ordinarily, this screening is to take place within twenty-four 
hours of the inmate's admission to the institution.
    (2) Staff (whether medical or non-medical) may make an 
identification at any time based upon the inmate's observed behavior.
    (d) Referral. Staff who identify an inmate to be at risk for 
suicide will have the inmate placed on suicide watch.
    (e) Assessment. A psychologist will clinically assess each inmate 
placed on suicide watch.
    (f) Intervention. Upon completion of the clinical assessment, the 
Program Coordinator or designee will determine the appropriate 
intervention that best meets the needs of the inmate.


Sec.  552.42  Suicide watch conditions.

    (a) Housing. Each institution must have one or more rooms 
designated specifically for housing an inmate on suicide watch. The 
designated room must allow staff to maintain adequate control of the 
inmate without compromising the ability to observe and protect the 
inmate.
    (b) Observation. (1) Staff or trained inmate observers operating in 
scheduled shifts are responsible for keeping the inmate under constant 
observation.
    (2) Only the Warden may authorize the use of inmate observers.
    (3) Inmate observers are considered to be on an institution work 
assignment when they are on their scheduled shift.

[[Page 12087]]

    (c) Suicide watch log. Observers are to document significant 
observed behavior in a log book.
    (d) Termination. Based upon clinical findings, the Program 
Coordinator or designee will:
    (1) Remove the inmate from suicide watch when the inmate is no 
longer at imminent risk for suicide, or
    (2) Arrange for the inmate's transfer to a medical referral center 
or

contract health care facility. [FR Doc. E7-4684 Filed 3-14-07; 8:45 am]
BILLING CODE 4410-05-P