[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Proposed Rules]
[Page 47894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24156]



[[Page 47893]]

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 540



Visiting: Notification to Visitors; Proposed Rule

Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / 
Proposed Rules

[[Page 47894]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP 1071-P]
RIN 1120-AA67


Visiting: Notification to Visitors

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to hold 
the inmate responsible for having a release authorization form mailed 
to the proposed visitor in instances where a background investigation 
is necessary before the visitor can be approved. This amendment is 
intended to increase consistency in Bureau operations and to reduce the 
cost to the government in processing additions to an inmate's visitor's 
list.

DATES: Comments due by November 10, 1997.

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 proposing to amend 
its regulations on visiting (28 CFR part 540, subpart D). A final rule 
on this subject was published in the Federal Register June 30, 1980 (45 
FR 44232) and was amended July 18, 1986 (51 FR 26127), February 1, 1991 
(56 FR 4159), and July 21, 1993 (58 FR 39095).
    Current provisions in Sec. 540.51(b)(3) state that the inmate may 
be held responsible for having a release authorization form forwarded 
to a proposed visitor in instances when a background investigation is 
necessary before approving a visitor (for example, when the proposed 
visitor is not a member of the inmate's immediate family). Under the 
discretionary authority in paragraph (b)(3), some institutions already 
require the inmate to forward the form. In the interest of reducing 
processing costs to the government and for the sake of consistency, the 
Bureau is proposing to require that the inmate shall be held 
responsible for having the authorization form forwarded to a proposed 
visitor when a background investigation is necessary.
    When deemed appropriate by staff, staff may assist an inmate in 
filling out the authorization form (for example, when the inmate is 
illiterate, or when the inmate is unable to complete the form because 
of a medical condition). The inmate, however, remains responsible for 
postage costs. Separately stated regulations on inmate correspondence 
ensure that an inmate who has neither funds nor sufficient postage 
shall be provided postage stamps for mailing a reasonable number of 
letters at government expense to enable the inmate to maintain 
community ties (see 28 CFR 540.21(e)). An inmate without funds, 
therefore, is still capable of obtaining postage for an authorization 
form to a proposed visitor.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly 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 
impact on a substantial number of small entities, within the meaning of 
the Act. 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 the conditions of confinement preclude such 
offenders from conducting a business.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
HOLC Room 754, Washington, DC 20534. Comments received during the 
comment period will be considered before final action is taken. 
Comments received after the expiration of the comment period will be 
considered to the extent practicable. All comments received remain on 
file for public inspection at the above address. The proposed rule may 
be changed in light of the comments received. No oral hearings are 
contemplated.

List of Subjects in 28 CFR Part 540

    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 540 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

Subchapter C--Institutional Management

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 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; 28 CFR 0.95-0.99.

    2. In Sec. 540.51, paragraph (b)(3) is amended by revising the 
first sentence to read as follows:


Sec. 540.51  Procedures.

* * * * *
    (b) * * *
    (3) If a background investigation is necessary before approving a 
visitor, the inmate shall be held responsible for mailing a release 
authorization form to the proposed visitor. * * *
[FR Doc. 97-24156 Filed 9-10-97; 8:45 am]
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