50786 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 523

[BOP–1032–I]

RIN 1120–AA62

Good Conduct Time

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

SUMMARY: In this document, the Bureau

of Prisons is issuing interim regulations

for the awarding of good conduct time

pursuant to the Prison Litigation Reform

Act of 1995 (PLRA). Pursuant to the

PLRA, in awarding good conduct time

credit, the Bureau shall consider

whether the inmate, during the relevant

period, has earned, or is making

satisfactory progress toward earning, a

high school diploma or equivalent

degree. This interim rule provides that

an inmate subject to the PLRA shall be

awarded the full 54 days credit for good

conduct time (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

General Educational Development

(GED) credential. The interim rule

further provides that an inmate subject

to the PLRA shall be awarded 42 days

credit for good conduct time per year

(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. The amount of good conduct

time awarded is also subject to

disciplinary disallowance.

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 for the awarding of good

conduct time for certain inmates. The

awarding and vesting of good conduct

time at a rate of 54 days per year

(prorated when the time served by the

inmate for the sentence during the year

is less than a full year) had been clearly

stated by statute since the

implementation of the Sentencing

Reform Act of 1984. The actual

awarding of good conduct time occurs

annually on the date marking the

anniversary of the inmate’s completion

of one year in Federal custody. The

awarding of good conduct time is also

subject to disciplinary disallowance (see

Tables 3 through 6 in 28 CFR 541.13).

Further statutory mandates on vesting

good conduct time were added by the

Violent Crime Control and Law

Enforcement Act of 1994 (VCCLEA) and

by the PLRA. Under the Sentencing

Reform Act of 1984, good conduct time

vested annually. Section 20412 of

VCCLEA required, 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.

Section 809 of the 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. This interim

regulation is being issued for the

purpose of implementing the

discretionary provision of the PLRA

pertaining to the awarding of good

conduct time.

Regulations for the Bureau’s literacy

program have been revised to include a

definition of ‘‘satisfactory progress’’ (28

CFR 544.73(b)). The revised regulations

are published elsewhere in today’s

Federal Register. Pursuant to that

definition, an inmate 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 hours of the inmate’s most

recent enrollment in the literacy

program, or that the inmate has

withdrawn from the literacy program.

An inmate who receives a progress

rating that the inmate is not making

satisfactory progress shall be deemed to

be making satisfactory progress only

after the inmate has received a new

progress assignment that the inmate has

been 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 that

occurred in a literacy classroom during

the last 240 instructional hours of the

literacy program shall result in a

progress assignment indicating that the

inmate is again not making satisfactory

progress.

An inmate who is subject to the

requirements of VCCLEA (i.e., an inmate

who has been convicted of an offense

committed on or after September 13,

1994 but before April 26, 1996)

therefore may have his or her good

conduct time vest if he or she possesses

a high school diploma, a GED

credential, or is making satisfactory

progress toward attaining a GED. An

inmate who is subject to the PLRA (i.e.,

an inmate who has been convicted of an

offense committed on or after April 26,

1996) is awarded credit upon Bureau

consideration whether the inmate has

earned or is making satisfactory progress

toward earning a high school diploma or

an equivalent degree. By statute, good

conduct time awarded to such inmate

does not vest until the inmate is

released from custody. The Bureau has

determined (see new § 523.20) that

when a PLRA inmate has not earned a

high school diploma and is not making

satisfactory progress toward earning a

GED credential, the inmate shall be

awarded 42 days of good conduct time

rather than 54 days (prorated when the

time served by the inmate during the

year is less than a full year). The amount

of good conduct time to be awarded is

also subject to disciplinary

disallowance.

The Bureau is publishing this

regulation as an interim rule in order to

solicit public comment. 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.
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