45292 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

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.

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

§ 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

§ 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

§ 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.

§ 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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