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).
50792 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

The Bureau’s literacy program, which

uses the General Educational

Development (GED) credential as the

equivalence for a high school diploma,

requires participation from inmates who

are not able to demonstrate the

achievement of a GED credential or a

high school diploma, with certain stated

exceptions. Section 20412 of the Violent

Crime Control and Law Enforcement

Act of 1994 (VCCLEA) requires, among

other things, that 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. Under the Comprehensive Crime

Control Act, good conduct time vested

annually. Section 809 of the Prison

Litigation Reform Act of 1995 (PLRA)

requires, among other things, that credit

toward an inmate’s service of sentence

shall vest on the date the inmate is

released from custody, and that in

awarding credit, the Bureau shall

consider whether the prisoner, during

the relevant period, has earned, or is

making satisfactory progress toward

earning, a high school diploma or an

equivalent degree. A separate

rulemaking published elsewhere in

today’s Federal Register addresses the

discretion of the Bureau in awarding

good conduct time credit to an inmate

subject to PLRA (i.e., an inmate whose

offense was committed on or after April

26, 1996).

In this document the Bureau is

amending its regulations on the literacy

program in order to include a definition

of what constitutes satisfactory progress

toward earning a GED credential. As

defined in newly revised § 544.73(b), an

inmate subject to VCCLEA or PLRA

shall be deemed to be making

satisfactory progress toward earning a

GED credential or high school diploma

unless and until the inmate receives a

progress assignment confirming that the

inmate refuses to enroll in the literacy

program, that the inmate has been found

to have committed a prohibited act that

occurred in a literacy program during

the last 240 instructional hours of the

inmate’s most recent enrollment in the

literacy program, or that the inmate has

withdrawn from the literacy program.

When an inmate subject to VCCLEA or

PLRA receives a progress assignment

indicating that he or she is not making

satisfactory progress, this assignment

shall not be changed to indicate that the

inmate is making satisfactory progress

until the inmate is currently and

continuously enrolled in a literacy

program for a minimum of 240

instructional hours. Any further

withdrawal or finding that the inmate

committed a prohibited act that

occurred in a literacy program during

the last 240 instructional hours of the

inmate’s most recent enrollment in the

literacy program shall result in a

progress assignment indicating that the

inmate is again not making satisfactory

progress.

Further revisions to the Bureau’s

regulations on the literacy program

made for the sake of clarification or

simplification are described below.

Previously, regulations in § 544.70

had specified that the minimum time

required for participation is 120

calendar days or until a GED credential

is achieved, whichever occurs first.

Based upon the results of past program

experience, 120 calendar days has been

shown to provide sufficient time for the

average inmate to achieve a GED

credential. As revised, the Bureau has

chosen to restate the time frame for

minimum required participation in

terms of instructional hours (i.e., 240

instructional hours is the equivalent of

120 calendar days). As revised, the

statement of purpose and scope

includes reference to exceptions stated

in new § 544.71. Redundant references

in § 544.70 to incentives have been

removed.

Section 544.71 has been revised as a

more clear statement of exceptions to

mandatory participation. Paragraph

(a)(2) contains additional statutory

reference for study and observation

cases. The exception for ‘‘good cause’’

formerly contained in paragraph (a)(4)

has been replaced with more specific

provisions in new paragraphs (a)(4) and

(b). New paragraph (a)(4) allows for staff

to make exceptions on a temporary basis

due to special circumstances. Special

circumstances (including, but not

limited to, medical reasons, transfer on

writ, being on the waiting list for initial

placement) may make it temporarily

impracticable to participate in the

literacy program. Once the special

circumstances are no longer applicable,

the inmate shall be required to

participate in the literacy program. The

exception in new paragraph (b) is based

upon the existence of an emotional,

mental, or physical impediment to

learning which has been documented

through formal diagnostic assessment.

The provisions in former §§ 544.72

and 544.74 on work promotions and

assignments have been consolidated and

revised in a new § 544.74 as noted

below. New § 544.72 contains the

provisions on incentives formerly

contained in § 544.75.

The provisions in § 544.73 have been

revised to include the definition of

satisfactory progress as noted above.

New § 544.74 consolidates provisions

on work promotion and assignments

contained in former §§ 544.72 and

544.74. These provisions have been

revised for the sake of clarity. The

revised provisions clarify that covered

assignments above grade 4 include

commissary positions. The revised

provisions no longer stipulate that

withdrawal from the literacy program

may be used as the basis to remove an

inmate appointed to a grade 4 position

pursuant to new § 544.74(a)(1).

Section 544.75 has been revised to

remove specific reference to calendar

days. As noted above, the regulations

state this period, where necessary, in

terms of instructional hours.

The Bureau is publishing this

regulation as an interim rule in order to

solicit comment on a working definition

of ‘‘satisfactory progress’’ without

unnecessary delay in applying the

definition to procedures for vesting and

awarding good conduct time. As noted

above, other changes in the regulations

affect clarity or organization. Members

of the public may submit comments

concerning this rule by writing to the

previously cited address. Comments

received before expiration of the

deadline will be considered before the

rule is finalized. Comments received

after expiration of the deadline will be

considered to the extent practicable.

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 pursuant to E.O. 12866.

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 544

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 544 in

subchapter C of 28 CFR, chapter V is

amended as set forth below.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50793

Subchapter C—Institutional Management

PART 544—EDUCATION

1. The authority citation for 28 CFR

part 544 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), 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. Subpart H of part 544 is revised to

read as follows:

Subpart H—Literacy Program

Sec.

544.70 Purpose and scope.

544.71 Exceptions to required literacy

program participation.

544.72 Incentives.

544.73 Program participation.

544.74 Work assignment limitations.

544.75 Disciplinary action.

Subpart H—Literacy Program

§ 544.70 Purpose and scope.

Except as provided for in § 544.71, an

inmate confined in a federal institution

who does not have a verified General

Educational Development (GED)

credential or high school diploma is

required to attend an adult literacy

program for a minimum of 240

instructional hours or until a GED is

achieved, whichever occurs first.

§ 544.71 Exceptions to required literacy

program participation.

(a) The following inmates are not

required to attend the literacy program:

(1) Pretrial inmates;

(2) Inmates committed for purpose of

study and observation under the

provisions of 18 U.S.C. 4205(c), 4241(d),

or, effective November 1, 1987, 18

U.S.C. 3552(b);

(3) Sentenced deportable aliens;

(4) Inmates determined by staff to be

temporarily unable to participate in the

literacy program due to special

circumstances beyond their control (e.g.,

due to a medical condition, transfer on

writ, on a waiting list for initial

placement). Such inmates, however,

shall be required to participate when the

special circumstances are no longer

applicable.

(b) Inmates who have been

determined (on the basis of formal

diagnostic assessment) to have a

documented emotional, mental, or

physical individual impediment to

learning shall not be required to

complete the literacy program beyond

those achievement levels indicated as

realistic by the formal diagnostic

assessment.

(c) Staff shall document in the

inmate’s education file the specific

reasons for not requiring the inmate to

participate in, or to complete, the

literacy program.

§ 544.72 Incentives.

The Warden shall establish a system

of incentives to encourage an inmate to

obtain a GED credential.

§ 544.73 Program participation.

(a) The Warden or designee shall

assign to an education staff member the

responsibility to coordinate the

institution’s literacy program. Initially,

staff shall meet with the inmate for the

purpose of enrolling the inmate in the

literacy program. Subsequently, staff

shall formally interview each inmate

involved in the literacy program when

necessary for the purpose of

determining a progress assignment. Staff

shall place documentation of these

interviews in the inmate’s education

file.

(b)(1) For the purposes of 18 U.S.C.

3624, an inmate subject to the Violent

Crime Control and Law Enforcement

Act of 1994 (VCCLEA) or the Prison

Litigation Reform Act of 1995 (PLRA)

shall be deemed to be making

satisfactory progress toward earning a

GED credential or high school diploma

unless and until the inmate receives a

progress assignment confirming that:

(i) The inmate refuses to enroll in the

literacy program;

(ii) The inmate has been found to

have committed a prohibited act that

occurred in a literacy program during

the last 240 instructional hours of the

inmate’s most recent enrollment in the

literacy program; or

(iii) The inmate has withdrawn from

the literacy program.

(2) When an inmate subject to

VCCLEA or PLRA receives a progress

assignment indicating that the inmate is

not making satisfactory progress, the

assignment shall be changed to indicate

satisfactory progress only after the

inmate is currently and continuously

enrolled in a literacy program for a

minimum of 240 instructional hours.

Any further withdrawal or finding that

the inmate has committed a prohibited

act in a literacy program during the last

240 instructional hours of the inmate’s

most recent enrollment in the literacy

program shall result in a progress

assignment indicating that the inmate is

again not making satisfactory progress

(see paragraphs (b)(1)(ii) and (iii) of this

section).

(c) At the end of 240 instructional

hours, excluding sick time, furloughs, or

other absences from scheduled classes,

the unit team during scheduled program

review sessions shall meet with the

inmate to encourage continued

participation in the literacy program

until the inmate earns a GED credential

or high school diploma. At these

meetings, the inmate may elect not to

continue in the literacy program, and no

disciplinary action will be taken. The

inmate may not discontinue this

program when participation is

mandated by statute.

§ 544.74 Work assignment limitations.

These limitations on work assignment

appointment and promotion apply to all

inmates, including those exempted from

required participation in the literacy

program by § 544.71.

(a) Appointment. (1) An inmate who

does not meet the literacy requirement

may be assigned to a grade 4 position

contingent upon the inmate’s continued

enrollment in the literacy program.

(2) An inmate ordinarily must show

prior attainment of a GED credential or

high school diploma in order to be

considered for a commissary work

assignment above minimum pay level,

an institution work assignment above

grade 4 compensation, or an industrial

work assignment above grade four or in

a non-graded incentive pay position.

(3) If labor force needs require, an

inmate who does not meet the literacy

requirement may be assigned to an

industrial non-graded incentive pay

position if the inmate is simultaneously

enrolled in a literacy or related program.

Withdrawal from the literacy program

shall result in termination of the

assignment. Local Federal Prison

Industry (FPI) management may elect to

retain the reassigned inmate in an

hourly rated grade 4 position.

(b) Promotion. An inmate ordinarily

must show prior attainment of a GED

credential or high school diploma to be

promoted above the minimum pay level

or grade in a commissary work

assignment, an institutional work

assignment, or an industrial work

assignment. An inmate already in an

assignment above the minimum pay

grade who had met prior literacy

requirements when approved for

promotion is eligible for further

promotion under the prior standard.

Such inmate, however, must meet the

current standard if, due to demotion

based upon a poor performance

appraisal, he or she needs to reapply for

a promotion.

(c) Exceptions. The Warden may, for

good cause, exempt inmates on a caseby-case basis, from the literacy

requirements for work assignment

appointment and promotion. Staff shall

document such exemption in the

inmate’s education file and central file.
50794 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

§ 544.75 Disciplinary action.

As with other mandatory programs,

such as work assignments, staff may

take disciplinary action against an

inmate lacking a GED credential or high

school diploma if that inmate refuses to

enroll in, and to complete, the

mandatory 240 instructional hours of

the literacy program.

[FR Doc. 97–25534 Filed 9–25–97; 8:45 am]

BILLING CODE 4410–05–P