53690 Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 524 and 550

[BOP–1070–I]

RIN 1120–AA66

Drug Abuse Treatment and Intensive

Confinement Center Programs: Early

Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: In this document, the Bureau

of Prisons is revising its rule on Drug

Abuse Treatment Programs which

allows for consideration of early release

of eligible inmates who complete a

residential drug abuse treatment

program. The Bureau of Prisons is

revising the rules with respect to the

criteria for receiving a sentence

reduction and also with respect to the

authority of the Community Corrections

Regional Administrator to adjust the

presumptive release date for an inmate

in a community-based program. The

amendment is intended to provide for

adequate drug treatment transitional

programs and to demonstrate more

clearly the discretion granted to the

Director of the Bureau of Prisons under

18 U.S.C. 3621(e) by listing the criteria

that would preclude an inmate from

receiving a sentence reduction as

determined by the Director of the

Bureau of Prisons. Criteria for possible

sentence reduction under the intensive

confinement center program are being

modified in a similar manner as a

conforming amendment.

DATES: Effective October 9, 1997.

Comments are due December 15, 1997.

ADDRESSES: Rules Unit, Office of

General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW.,

Washington, D.C. 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 further amending

its regulations on Drug Abuse Treatment

Programs (28 CFR part 550, subpart F).

An interim rule on this subject, which

implemented Section 32001 of the

Violent Crime Control and Law

Enforcement Act of 1994 (codified at 18

U.S.C. 3621(e)), was published in the

Federal Register on May 25, 1995 (60

FR 27692) and was amended on May 17,

1996 (61 FR 25122). Comments received

on these previous interim rules will be

addressed in a separate document when

the rules are finalized.

The interim rule published on May

25, 1995, attempted to define the term

‘‘crime of violence’’ pursuant to 18

U.S.C. 924(c)(3). Because of differences

in application of case law among the

various Federal courts, a few crimes

would not be clearly covered by the

Bureau’s definition. This interim rule

avoids this complication by using the

discretion allotted to the Director of the

Bureau of Prisons in granting a sentence

reduction to exclude inmates whose

current offense is a felony (a) that has

as an element, the actual, attempted, or

threatened use of physical force against

the person or property of another, or (b)

that involved the carrying, possession,

or use of a firearm or other dangerous

weapon or explosives (including any

explosive material or explosive device),

or (c) that by its nature or conduct,

presents a serious potential risk of

physical force against the person or

property of another, or (d) that by its

nature or conduct involves sexual abuse

offenses committed upon children.

As a conforming amendment, the

criteria for possible sentence reduction

under the intensive confinement center

program (28 CFR 524, subpart D)

pertaining to crimes of violence

(§ 524.31(a)(3)) are being modified in a

similar manner.

Under § 550.58(c)(3), the Community

Corrections Regional Administrator had

the authority to retard or disallow any

portion of the maximum 12 month

reduction for an inmate in a

community-based program based upon a

disciplinary finding or based on

program needs (for example, the inmate

has not established an adequate release

plan). This paragraph is being revised to

specify that if an inmate cannot fulfill

his or her community-based treatment

obligations by the presumptive release

date, the Community Corrections

Regional Administrator may adjust the

presumptive release date by the

minimum amount of time necessary to

fulfill treatment obligations. The

Community Corrections Regional

Administrator, as the Bureau official

responsible for monitoring the quality of

the treatment programs available in

community-based programs, makes

determinations as to the inmate’s

completion of applicable transitional

services. Such determinations are

responsive to the treatment needs of the

inmate and are not intended to be

punitive. Disciplinary findings which

can result in an inmate’s being

precluded from receiving a sentence

reduction (see redesignated § 550.58(a)

(2)(iv) and (3)(ii)) remain as a

determination of the Discipline Hearing

Officer.

The Bureau is publishing this change

as an interim rule in order to solicit

public comment while continuing to

provide consideration for early release

to qualified inmates. Interested persons

may participate in this interim

rulemaking by submitting data, views,

or arguments in writing to the Rules

Unit, Office of General Counsel, Federal

Bureau of Prisons, 320 First Street, NW.,

HOLC Room 754, Washington, D.C.

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 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 impact on a

substantial number of small entities

within the meaning of the Act. Because

this rule pertains to correctional

management of persons 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

28 CFR Part 524

Prisoners.

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 524 in

subchapter B of 28 CFR, chapter V, and

part 550 in subchapter C of 28 CFR,

chapter V are amended as set forth

below.

SUBCHAPTER B—INMATE ADMISSION,

CLASSIFICATION, AND TRANSFER

PART 524—CLASSIFICATION OF

INMATES

1. The authority citation for 28 CFR

part 524 is revised to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3521–

3528, 3621, 3622, 3624, 4001, 4042, 4046,
Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Rules and Regulations 53691

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; 21

U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub.

L. 91–452, 84 Stat. 933 (18 U.S.C. Chapter

223); 28 CFR 0.95–0.99.

2. In § 524.31, paragraph (a)(3) is

revised to read as follows:

§ 524.31 Eligibility and placement.

(a) * * *

(3) Is not serving a term of

imprisonment for a crime of violence or

a felony offense:

(i) That has as an element, the actual,

attempted, or threatened use of physical

force against the person or property of

another, or

(ii) That involved the carrying,

possession, or use of a firearm or other

dangerous weapon or explosives

(including any explosive material or

explosive device), or

(iii) That by its nature or conduct,

presents a serious potential risk of

physical force against the person or

property of another, or

(iv) That by its nature or conduct

involves sexual abuse offenses

committed upon children.

* * * * *

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 550—DRUG PROGRAMS

3. 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.

4. In § 550.58, the introductory text,

paragraph (a) heading, and paragraph

(c)(3) are revised, paragraphs (a)(1) and

(a)(2) are redesignated as paragraphs

(a)(2) and (a)(3), and a new paragraph

(a)(1) is added to read as follows:

§ 550.58 Consideration for early release.

An inmate who was sentenced to a

term of imprisonment pursuant to the

provisions of 18 U.S.C. Chapter 227,

Subchapter D for a nonviolent offense,

and who is determined to have a

substance abuse problem, and

successfully completes a residential

drug abuse treatment program during

his or her current commitment may be

eligible, in accordance with paragraph

(a) of this section, for early release by a

period not to exceed 12 months.

(a) Additional early release criteria.

(1) As an exercise of the discretion

vested in the Director of the Federal

Bureau of Prisons, the following

categories of inmates are not eligible for

early release:

(i) INS detainees;

(ii) Pretrial inmates;

(iii) Contractual boarders (for

example, D.C., State, or military

inmates);

(iv) Inmates who have a prior felony

or misdemeanor conviction for

homicide, forcible rape, robbery, or

aggravated assault, or child sexual abuse

offenses;

(v) Inmates who are not eligible for

participation in a community-based

program as determined by the Warden

on the basis of his or her professional

discretion;

(vi) Inmates whose current offense is

a felony:

(A) That has as an element, the actual,

attempted, or threatened use of physical

force against the person or property of

another, or

(B) That involved the carrying,

possession, or use of a firearm or other

dangerous weapon or explosives

(including any explosive material or

explosive device), or

(C) That by its nature or conduct,

presents a serious potential risk of

physical force against the person or

property of another, or

(D) That by its nature or conduct

involves sexual abuse offenses

committed upon children.

* * * * *

(c) * * *

(3) If the inmate cannot fulfill his or

her community-based treatment

obligations by the presumptive release

date, the Community Corrections

Regional Administrator may adjust the

presumptive release date by the

minimum amount of time necessary to

allow for fulfillment of the treatment

obligations.

[FR Doc. 97–27252 Filed 10–9–97; 2:48 pm]

BILLING CODE 4410–05–P