Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50787

List of Subjects in 28 CFR Part 523

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 523 in

subchapter B of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER B—INMATE ADMISSION,

CLASSIFICATION, AND TRANSFER

PART 523—COMPUTATION OF

SENTENCE

1. The authority citation for 28 CFR

part 523 is revised to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3568

(repealed November 1, 1987 as to offenses

committed on or after that date), 3621, 3622,

3624, 4001, 4042, 4081, 4082 (Repealed in

part as to conduct occurring on or after

November 1, 1987), 4161–4166 (repealed

October 12, 1984 as to offenses committed on

or after November 1, 1987), 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(Repealed October 12, 1984 as to conduct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. A new subpart C, consisting of

§ 523.20, is added to read as follows:

Subpart C—Good Conduct Time

§ 523.20 Good conduct time.

Pursuant to 18 U.S.C. 3624(b), as in

effect for offenses committed on or after

November 1, 1987 but before April 26,

1996, an inmate earns 54 days credit

toward service of sentence (good

conduct time credit) for each year

served. This amount is prorated when

the time served by the inmate for the

sentence during the year is less than a

full year. The amount to be awarded is

also subject to disciplinary disallowance

(see Tables 3 through 6 in § 541.13 of

this chapter). Pursuant to 18 U.S.C.

3624(b), as in effect for offenses

committed on or after April 26, 1996,

the Bureau shall consider whether the

inmate has earned, or is making

satisfactory progress (see § 544.73(b) of

this chapter) toward earning a General

Educational Development (GED)

credential before awarding good

conduct time credit.

(a) When considering good conduct

time for an inmate serving a sentence for

an offense committed on or after April

26, 1996, the Bureau shall award:

(1) 54 days credit for each year served

(prorated when the time served by the

inmate for the sentence during the year

is less than a full year) if the inmate has

earned or is making satisfactory progress

toward earning a GED credential or high

school diploma; or

(2) 42 days credit for each year served

(prorated when the time served by the

inmate for the sentence during the year

is less than a full year) if the inmate has

not earned or is not making satisfactory

progress toward earning a GED

credential or high school diploma.

(b) The amount of good conduct time

awarded for the year is also subject to

disciplinary disallowance (see Tables 3

through 6 in § 541.13 of this chapter).

[FR Doc. 97–25533 Filed 9–25–97; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 541

[BOP–1040–F]

RIN 1120–AA34

Inmate Discipline and Good Conduct

Time

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: In this document, the Bureau

of Prisons is implementing provisions of

the Violent Crime Control and Law

Enforcement Act of 1994 (VCCLEA) and

the Prison Litigation Reform Act of 1995

(PLRA) which make the earning of good

conduct time contingent upon

exemplary compliance with institution

regulations. The list of sanctions which

may be imposed by the Discipline

Hearing Officer in instances where an

inmate subject to either of these two

Acts has been determined to be not in

compliance with institution regulations

is accordingly being modified to achieve

this purpose.

EFFECTIVE DATES: November 3, 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 (Bureau) is amending

its regulations on inmate discipline (28

CFR part 541, subpart B). Section 20405

of the Violent Crime Control and Law

Enforcement Act of 1994 (18 U.S.C.

3624(b)) provides that a prisoner who is

serving a term of imprisonment of more

than one year for a crime of violence,

other than a term of imprisonment for

the duration of the prisoner’s life, may

receive credit toward the service of the

prisoner’s sentence, beyond the time

served, of up to 54 days at the end of

each year of the prisoner’s term of

imprisonment, beginning at the end of

the first year of the term, subject to the

determination by the Bureau of Prisons

that, during that year, the prisoner has

displayed exemplary compliance with

such institutional disciplinary

regulations as have been approved by

the Attorney General and issued to the

prisoner.

A proposed rule on this subject was

published in the Federal Register on

October 26, 1995. In that document the

Bureau defined exemplary compliance

with institutional disciplinary

regulations in terms of the number of

times an inmate was found to have

committed a prohibited act.

Accordingly, the Bureau proposed

changes to 28 CFR 541.13(a) (1), (2), (3),

and (4), (f), and 541.14(a). For ease of

reference, Tables 3, 4 and 5 were revised

in their entirety to incorporate changes

to sanctions B and B.1. Under the

proposed revision, when a VCCLEA

inmate who has been rated as violent

(i.e., an inmate who, as specified in the

Violent Crime Control and Law

Enforcement Act of 1994, committed a

crime of violence on or after September

13, 1994) is found to have committed a

greatest or high category offense during

incarceration, the Discipline Hearing

Officer (DHO) must, as a minimum,

impose a sanction disallowing all Good

Conduct Time (GCT) for the evaluation

period. This means a loss of 54 days

GCT. Sanctions to be imposed for such

inmates found to have committed

moderate or low category offenses

during incarceration were also

modified, though in neither case would

all available GCT be necessarily

disallowed for a single incident. An

accumulation of prohibited act

determinations, however, could result

in such a loss.

The comment period for the proposed

rule ended on December 26, 1995. The

Bureau received one comment on the

proposed rule. The commenter raised

two objections: the proposed rule

appeared to create inequities in inmate

discipline sanctions based upon a

difference of commitment date, and the

proposed rule would greatly increase

the workload of the Discipline Hearing

Officer (DHO).

With respect to the apparent creation

of inequities in inmate discipline

sanctions based on commitment date,

the Bureau notes that the statutory

authority is explicit as to the

consequences of less than exemplary

behavior by VCCLEA inmates rated as

violent. Since the statutory change

potentially affects the loss of good

conduct time, the changes can only be
50788 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

applied to persons sentenced for an

offense committed after the effective

date of the Act. The statute has not been

implemented retroactively. The

distinction, then, is based both on date

of the commitment offense and on the

inmate’s rating as a violent offender.

What was at issue in the proposed rule

is what constitutes exemplary

compliance with institutional

disciplinary regulations. The proposed

rule procedurally defined this as the

avoidance by the inmate of committing

greatest or high category offenses. The

proposed application of intermediate

sanctions based on the commission of

moderate or low category offenses by a

VCCLEA inmate rated as violent fell

within the upper limit of sanctions

available for other inmates. The Bureau

believes that the proposed application

was supportive of the goal of

maintaining exemplary compliance by

VCCLEA inmates rated as violent. As

noted below, however, the Bureau is

making an adjustment in its

determination of exemplary compliance

in order to avoid disparity in the

application of exemplary compliance for

all inmates in accordance with the

provisions of the Prison Litigation

Reform Act of 1995 (PLRA).

With respect to a possible increase in

the DHO’s workload resulting from Unit

Discipline Committee referrals of

moderate and low category offenses, the

Bureau believes that the DHO needs to

be aware of the discipline record of

VCCLEA inmates rated as violent and, if

needed, that additional resources can be

considered to address an excessive

increase in the DHO’s workload.

Section 809 of the PLRA amended 18

U.S.C. 3624 to require all inmates, not

only those convicted of a crime of

violence, to demonstrate exemplary

compliance with institution disciplinary

regulations in order to earn good

conduct time. The Bureau believes that,

having proposed an exemplary

compliance standard for violent

offenders, it may adopt the standard

with modification both for VCCLEA

violent offenders and for all inmates

who are subject to the PLRA.

The Bureau is therefore modifying

§ 541.13(a) and 541.14(a) to cover PLRA

inmates and revising the explanation of

Sanction B.1 in Table 4 to specify that

the DHO shall impose a specific

minimum disallowance in cases

involving a VCCLEA violent offender or

a PLRA inmate. The practical result of

this is to establish that either one or two

100 or 200 level offenses would result

in a VCCLEA violent offender or PLRA

inmate’s losing all good conduct time

for the year. The wording of Sanction

B.1 need not change in Table 3. The

proposed revision to § 541.13(f)

eligibility for restoration of forfeited

good conduct time is not being finalized

in this document. The Bureau intends to

analyze the impact of the new sanctions

on good conduct time before making a

final determination. Sanction B in Table

3 and its explanation in Table 4 have

been adjusted to note that a good

conduct time sanction may not be

suspended and that forfeited good

conduct time will not be restored. The

prohibition on suspension of good

conduct time conforms to the treatment

of disallowed good conduct time in

Sanction B.1. In adopting the proposed

rule as final, the Bureau is making two

further editorial changes. Prohibited Act

109 (possession, introduction, or use of

any narcotics, etc.) is being divided into

three separate prohibited acts in order to

simplify statistical reporting and

analysis of such behavior. Prohibited

Act 220 is also amended to exclude drill

authorized and conducted by staff (for

example, as may be given in an

intensive confinement center program).

New interim regulations for the

intensive confinement center program

were published in the Federal Register

on April 26, 1996 (61 FR 18658). As

noted above, the previously proposed

revised sanctions are applicable to

VCCLEA inmates rated as violent (i.e.,

inmates who, as specified in the Violent

Crime Control and Law Enforcement

Act of 1994, committed a crime of

violence on or after September 13, 1994)

and to PLRA inmates (inmates who

committed offenses on or after April 26,

1996). Inmates who are eligible for good

conduct time because they were

sentenced under the provisions of the

Sentencing Reform Act of 1984, but who

were sentenced for a crime of violence

committed before September 13, 1994

are not defined as ‘‘VCCLEA inmates

rated as violent’’ or ‘‘PLRA inmates’’

and consequently are unaffected by the

new sanctions for those inmates.

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 541

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 541 in

subchapter C of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 541—INMATE DISCIPLINE AND

SPECIAL HOUSING UNITS

1. The authority citation for 28 CFR

part 541 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 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 § 541.13, paragraphs (a)(1)

through (a)(4) are revised; in Table 3,

under GREATEST CATEGORY,

Sanction B is revised, the prohibited act

language in column 2 for Code 109 is

revised, and new Codes 111 through 113

are added in numerical order; in Table

3, under HIGH CATEGORY, Sanction B

and the prohibited act for Code 220 are

revised; in Table 3, under MODERATE

CATEGORY, Sanction B is revised; in

Table 4, Items 1.(b) and (b.1) are revised;

in Table 5, item 2 under ‘‘Sanctions

Permitted’’ for Low Moderate Sanctions,

Moderate Sanctions, and High Sanctions

is revised; and in Table 6, the column

headings and the Note are revised to

read as follows:

§ 541.13 Prohibited acts and disciplinary

severity scale.

(a) * * *

(1) Greatest category offenses. The

Discipline Hearing Officer (DHO) shall

impose and execute one or more of

sanctions A through E. Sanction B.1

must be imposed for a VCCLEA inmate

rated as violent (i.e., an inmate who, as

specified in the Violent Crime Control

and Law Enforcement Act of 1994,

committed a crime of violence on or

after September 13, 1994) and for a

PLRA inmate (i.e., an inmate who has

been sentenced for an offense
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50789

committed on or after April 26, 1996).

The DHO may impose and execute

sanction F and/or G only in addition to

execution of one or more of sanctions A

through E. Except as noted in the

sanction, the DHO may also suspend

one or more additional sanctions A

through G.

(2) High category offenses. The

Discipline Hearing Officer shall impose

and execute one or more of sanctions A

through M, and, except as noted in the

sanction, may also suspend one or more

additional sanctions A through M.

Sanction B.1 must be imposed for a

VCCLEA inmate rated as violent and for

a PLRA inmate. The Unit Discipline

Committee shall impose and execute

one or more of sanctions G through M,

and may also suspend one or more

additional sanctions G through M,

except for a VCCLEA inmate rated as

violent. All high category offense

charges for a VCCLEA inmate rated as

violent and for a PLRA inmate must be

referred to the DHO.

(3) Moderate category offenses. The

Discipline Hearing Officer shall impose

at least one sanction A through N, but,

except as noted in the sanction, may

suspend any sanction or sanctions

imposed. Sanction B.1 ordinarily must

be imposed for a VCCLEA inmate rated

as violent and for a PLRA inmate.

Except for charges referred to the DHO,

the Unit Discipline Committee shall

impose at least one sanction G through

N, but may suspend any sanction or

sanctions imposed. The UDC ordinarily

shall refer to the DHO a moderate

category charge for a VCCLEA inmate

rated as violent or for a PLRA inmate if

the inmate had been found to have

committed a moderate category offense

during the inmate’s current anniversary

year (i.e., the twelve month period of

time for which an inmate may be

eligible to earn good conduct time). The

UDC must thoroughly document in

writing the reasons why the charge for

such an inmate was not referred to the

DHO.

(4) Low moderate category offenses.

The Discipline Hearing Officer shall

impose at least one sanction B.1, or E

through P. The Discipline Hearing

Officer may suspend any E through P

sanction or sanctions imposed (a B.1

sanction may not be suspended). Except

for charges referred to the DHO, the Unit

Discipline Committee (UDC) shall

impose at least one sanction G through

P, but may suspend any sanction or

sanctions imposed. The UDC ordinarily

shall refer to the DHO a low moderate

category charge for a VCCLEA inmate

rated as violent or for a PLRA inmate if

the inmate had been found to have

committed two low moderate category

offenses during the inmate’s current

anniversary year (i.e., the twelve month

period of time for which an inmate may

be eligible to earn good conduct time).

The UDC must thoroughly document in

writing the reasons why the charge for

such an inmate was not referred to the

DHO.

* * * * *

TABLE 3.—PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE

Code Prohibited acts Sanctions

Greatest Category

The UDC shall refer all Greatest Severity Prohibited Acts to the DHO with recommendations as to an appropriate disposition.

* * * * * * *

B. Forfeit earned statutory good time or non-vested good conduct time (up to 100%) and/or terminate or disallow extra

good time (an extra good time or good conduct time sanction

may not be suspended).

* * * * * * *

109 ........... (Not to be used)

* * * * * * *

111 ........... Introduction of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff

112 ........... Use of any narcotics, marijuana, drugs, or related paraphernalia

not prescribed for the individual by the medical staff

113 ........... Possession of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff

* * * * * * *

High Category

* * * * * * *

B. Forfeit earned statutory good time or non-vested good conduct time up to 50% or up to 60 days, whichever is less, and/

or terminate or disallow extra good time (an extra good time

or good conduct time sanction may not be suspended).

* * * * * * *

220 ........... Demonstrating, practicing, or using martial arts, boxing (except

for use of a punching bag), wrestling, or other forms of physical encounter, or military exercises or drill (except for drill authorized and conducted by staff)
50790 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

TABLE 3.—PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE—Continued

Code Prohibited acts Sanctions

* * * * * * *

Moderate Category

* * * * * * *

B. Forfeit earned statutory good time or non-vested good conduct time up to 25% or up to 30 days, whichever is less, and/

or terminate or disallow extra good time (an extra good time

or good conduct time sanction may not be suspended).

* * * * * * *

TABLE 4.—SANCTIONS

1. * * *

* * * * * * *

(b) Forfeit earned statutory good time, non-vested good conduct time, and/or terminate or disallow extra good time. The statutory good time

available for forfeiture is limited to an amount computed by multiplying the number of months served at the time of the offense for which forfeiture action is taken, by the applicable monthly rate specified in 18 U.S.C. 4161 (less any previous forfeiture or withholding outstanding). The

amount of good conduct time (GCT) available for forfeiture is limited to the total number of days in the ‘‘non-vested’’ status at the time of the

misconduct (less any previous forfeiture). A forfeiture of good conduct time sanction may not be suspended. Disallowance of extra good time is

limited to the extra good time for the calendar month in which the violation occurs. It may not be withheld or restored. The sanction of termination or disallowance of extra good time may not be suspended. Forfeited good conduct time will not be restored. Authority to restore forfeited

statutory good time is delegated to the Warden. This decision may not be delegated lower than the Associate Warden level. Limitations on this

sanction and eligibility for restoration are based on the severity scale. (See Table 6)

(b.1) Disallowance of good conduct time. I. An inmate sentenced under the Sentencing Reform Act provisions of the Comprehensive Crime

Control Act (includes the inmate who committed his or her crime on or after November 1, 1987) may not receive statutory good time, but is eligible to receive 54 days good conduct time credit each year (18 U.S.C. 3624(b)). Once awarded, the credit is vested, and may not be disallowed. However, for crimes committed on or after September 13, 1994 and prior to April 26, 1996, credit toward an inmate’s service of sentence shall not be vested unless the inmate has earned or is making satisfactory progress toward a high school diploma or an equivalent degree, or has been exempted from participation because of a learning disability. For crimes committed on or after April 26, 1996, credit toward

an inmate’s service of sentence shall vest on the date the inmate is released from custody. Once disallowed, the credit may not be restored,

except by immediate review or appeal action as indicated below. Prior to this award being made, the credit may be disallowed for an inmate

found to have committed a prohibited act. A sanction of disallowance of good conduct time may not be suspended. Only the DHO can take action to disallow good conduct time. The DHO shall consider the severity of the prohibited act and the suggested disallowance guidelines in making a determination to disallow good conduct time. A decision to go above the guideline range is warranted for a greatly aggravated offense or

where there is a repetitive violation of the same prohibited act that occurs within a relatively short time frame (e.g., within 18 months for the

same greatest severity prohibited act, within 12 months for the same high severity prohibited act, and within 6 months for the same moderate

severity prohibited act). A decision to go below the guidelines is warranted for strong mitigating factors. Any decision outside the suggested disallowance guidelines is to be documented and justified in the DHO report.

II. VCCLEA inmates rated as violent and PLRA inmates will ordinarily be disallowed good conduct time for each prohibited act they are

found to have committed at a DHO hearing, consistent with the following:

(1) Greatest category offenses: A minimum of 40 days (or, if less than 54 days are available for the prorated period, a minimum of

75% of available good conduct time) for each act committed;

(2) High category offenses: A minimum of 27 days (or, if less than 54 days are available for the prorated period, a minimum of 50% of

available good conduct time) for each act committed;

(3) Moderate category offenses: A minimum of 13 days (or, if less than 54 days are available for the prorated period, a minimum of

25% of available good conduct time) for each act committed if the inmate has committed two or more moderate category offenses during

the current anniversary period;

(4) Low moderate category offenses: A minimum of 6 days (or, if less than 54 days are available for the prorated period, a minimum of

12.5% of available good conduct time) for each act committed if the inmate has committed three or more low moderate category offenses

during the current anniversary period.

However, the DHO may, after careful consideration of mitigating factors (seriousness of the offense, the inmate’s past disciplinary record, the

lack of available good conduct time, etc.) choose to impose a lesser sanction, or even disallow no GCT for moderate and low moderate prohibited acts by VCCLEA inmates rated as violent or by PLRA inmates. The DHO must thoroughly detail the rationale for choosing to disallow less

than 13 days or 6 days respectively. This will be documented in Section VII of the DHO report. Disallowances of amounts greater than 13 days

or 6 days respectively will occur with repetitive offenses consistent with the guidelines in this (b.1).

III. The decision of the DHO is final and is subject only to review by the Warden to ensure conformity with the provisions of the disciplinary

policy and by inmate appeal through the administrative remedy program. The DHO is to ensure that the inmate is notified that any appeal of a

disallowance of good conduct time must be made within the time frames established in the Bureau’s rule on administrative remedy procedures.

IV. Except for VCCLEA inmates rated as violent or PLRA inmates, Sanction B.1 may be imposed on the Low Moderate category only

where the inmate has committed the same low moderate prohibited act more than one time within a six-month period.

* * * * * * *
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50791

TABLE 5.—SANCTIONS FOR REPETITION OF PROHIBITED ACTS WITHIN SAME CATEGORY

Category Prior offense (same code) within time period

Frequency of repeated

offense Sanction permitted

Low Moderate Sanctions, plus.

* * * * * * *

2. Forfeit earned SGT or non-vested GCT up to 10% or up to

15 days, whichever is less, and/or terminate or disallow extra

good time (EGT) (an EGT sanction may not be suspended).

* * * * * * *

Moderate Sanctions (A, C, E–N), plus.

* * * * * * *

2. Forfeit earned SGT or non-vested GCT up to 371⁄2% or up

to 45 days, whichever is less, and/or terminate or disallow

EGT (an EGT sanction may not be suspended).

* * * * * * *

High Sanctions (A, C, E–M), plus.

* * * * * * *

2. Forfeit earned SGT or non-vested GCT up to 75% or up to

90 days, whichever is less, and/or terminate or disallow EGT

(an EGT sanction may not be suspended).

* * * * * * *

TABLE 6.—SANCTIONS BY SEVERITY OF PROHIBITED ACT, WITH ELIGIBILITY FOR RESTORATION OF FORFEITED AND

WITHHELD STATUTORY GOOD TIME

Severity of act Sanctions Max. amt. forf. GT Max. amt W/hd

SGT

Elig. restoration

forf. SGT

Elig. restoration

W/hd/SGT Max. dis seg

* * * * * * *

Note: (1) In Table 6 headings, ‘‘GT’’ represents both good conduct and statutory good time and ‘‘SGT’’ represents statutory good time. Forfeited good conduct time is not eligible for restoration. Restoration of statutory good time will be approved at the time of initial eligibility only when

the inmate has shown a period of time with improved good behavior. When the Warden or his delegated representative denies restoration of forfeited or withheld statutory good time, the unit team shall notify the inmate of the reasons for denial. The unit team shall establish a new eligibility

date, not to exceed six months from the date of denial.

(2) An inmate with an approaching parole effective date, or an approaching mandatory release or expiration date who has forfeited good time

may be placed in a Community Treatment Center only if that inmate is otherwise eligible under Bureau policy, and if there exists a legitimate

documented need for such placement. The length of stay at the Community Treatment Center is to be held to the time necessary to establish

residence and employment.

3. In § 541.14, paragraph (a) is

amended by revising the last sentence to

read as follows:

§ 541.14 Incident report and investigation.

(a) Incident report. * * * Only the

DHO may make a final disposition on a

prohibited act in the Greatest Severity

Category or on a prohibited act in the

High Category (when the High Category

prohibited act has been committed by a

VCCLEA inmate rated as violent or by

a PLRA inmate).

* * * * *

[FR Doc. 97–25522 Filed 9–25–97; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP–1036–I]

RIN 1120–AA33

Literacy Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

SUMMARY: In this document, the Bureau

of Prisons is revising its regulations on

the literacy program on an interim basis

in order to include a definition of

‘‘satisfactory progress’’. This definition

is one determinant which is statutorily

required for the awarding and/or vesting

of good conduct time for certain

inmates. In implementing this change,

the Bureau has further revised its

regulations on the literacy program for

the sake of clarification or

simplification.

DATES: Effective November 3, 1997;

comments must be submitted by

November 25, 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 adopting interim

regulations on its literacy program for

inmates. A final rule on the literacy

program was published in the Federal

Register May 1, 1991 (56 FR 20089), and

was corrected on March 17, 1992 (57 FR

9211).