[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Page 45292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22651]



[[Page 45291]]

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Part II





Department of Justice





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Bureau of Prisons



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28 CFR Part 550



Urine Surveillance; Final Rule

Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / 
Rules and Regulations

[[Page 45292]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP-1072-F]
RIN 1120-AA68


Urine Surveillance

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is revising its 
regulations on the use of urine surveillance to detect and deter 
illegal drug use in order to reorganize the provisions and to allow for 
the use of discretion by staff in filing an incident report in 
instances when the inmate is unwilling to provide a specimen. This 
revision is intended to provide for the continued efficient operation 
of the institution.

EFFECTIVE DATE: August 26, 1997.

ADDRESSES: 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 urine surveillance. A final rule on this subject was 
published in the Federal Register on October 17, 1988 (53 FR 40687).
    Current provisions on the use of urine surveillance to detect and 
deter illegal drug use by inmates are contained in Sec. 550.30 (subpart 
D). The Bureau is reorganizing these regulations in order to separate 
procedural provisions from the statement of the regulation's purpose 
and scope. The title of the subpart has been shortened. In addition, 
the revised regulations (see new Sec. 550.31(a)) allow for the use of 
staff discretion in filing incident reports in instances where the 
inmate is unwilling to provide a specimen within two hours of a request 
for the specimen. This provision now specifies that staff ordinarily 
shall file an incident report. This change is intended to accommodate 
unusual circumstances which could result in the inmate's being unable 
to produce a specimen (for example, the inmate has a documented medical 
or psychological problem, is dehydrated, etc.).
    Because this amendment is either editorial in nature or provides 
relief with respect to the discretionary filing of an incident report 
in certain cases, 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 (5 U.S.C. 601 et seq.), does not have a 
significant economic impact on a substantial number of small entities, 
within the meaning 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 550

    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 550 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    1. The authority citation for 28 CFR part 550 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), 4251-4255, 5006-5024 (repealed October 12, 1984 
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 
28 CFR 0.95-0.99.

    2. Subpart D is revised to read as follows:

Subpart D--Urine Surveillance

Sec.
550.30  Purpose and scope.
550.31  Procedures.

Subpart D--Urine Surveillance


Sec. 550.30  Purpose and scope.

    The Warden shall establish programs of urine testing for drug use, 
to monitor specific groups or individual inmates who are considered as 
high risk for drug use, such as those involved in community activities, 
those with a history of drug use, and those inmates specifically 
suspected of drug use. Testing shall be performed with frequency 
determined by the Warden on at least 50 percent of those inmates who 
are involved in community activities. In addition, staff shall randomly 
sample each institution's inmate population during each month to test 
for drug use.


Sec. 550.31  Procedures.

    (a) Staff of the same sex as the inmate tested shall directly 
supervise the giving of the urine sample. If an inmate is unwilling to 
provide a urine sample within two hours of a request for it, staff 
ordinarily shall file an incident report. No waiting period or extra 
time need be allowed for an inmate who directly and specifically 
refuses to provide a urine sample. To eliminate the possibility of 
diluted or adulterated samples, staff shall keep the inmate under 
direct visual supervision during this two-hour period, or until a 
complete sample is furnished. To assist the inmate in giving the 
sample, staff shall offer the inmate eight ounces of water at the 
beginning of the two-hour time period. An inmate is presumed to be 
unwilling if the inmate fails to provide a urine sample within the 
allotted time period. An inmate may rebut this presumption during the 
disciplinary process.
    (b) Institution staff shall determine whether a justifiable reason 
exists, (e.g., use of prescribed medication) for any positive urine 
test result. If the inmate's urine test shows a positive test result 
for the presence of drugs which cannot be justified, staff shall file 
an incident report.

[FR Doc. 97-22651 Filed 8-25-97; 8:45 am]
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