[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 10164-10165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5398]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 511

[BOP 1066-P]
RIN 1120-AA61


Searching and Detaining or Arresting Persons Other Than Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on searching/detaining of non-inmates to authorize the 
Warden to conduct visual searches of visitors suspected of introducing 
contraband into a low and above security level institution (or 
administrative institution, or in a pretrial or in a jail unit within 
any security level institution) when there is reasonable suspicion that 
the visitor possesses contraband or is introducing or attempting to 
introduce contraband into the institution. Currently, such searches are 
authorized at medium and higher security level institutions (or 
administrative institution, or in a pretrial or in a jail unit within 
any security level institution). This amendment is intended to provide 
for the continued secure and safe operation of Bureau institutions.

DATES: Comments due by May 5, 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 searching/detaining non-inmates (28 CFR part 511, 
subpart A. A final rule on this subject was published in the Federal 
Register on November 1, 1984 (49 FR 44057) and was amended on July 18, 
1986 (51 FR 26126), February 1, 1991 (56 FR 4159), and on February 8, 
1994 (59 FR 5924).
    Current regulations in Sec. 511.12(d) permit the Warden to 
authorize a visual

[[Page 10165]]

search (visual inspection of all body surfaces and cavities) of a 
visitor as a prerequisite to a visit in a medium or high security level 
institution, or administrative institution, or in a pretrial or in a 
jail (detention) unit within any security level institution when there 
is reasonable suspicion that the visitor possesses contraband or is 
introducing or attempting to introduce contraband into the institution. 
Any visitor who objects to the search procedure has the option of 
refusing and leaving the institution property, unless there is reason 
to detain and/or arrest.
    Low security level institutions, like medium and higher security 
level institutions, maintain secure perimeter barriers and, to various 
degrees, are characterized by security factors similar to those of 
medium and higher security level institutions. Consistent with the 
needs of these secure institutions, the Bureau proposes to authorize 
the use of a visual search at low security level institutions. Minimum 
security level institutions are unaffected by this proposal.
    As an editorial change, the Bureau is also revising the title of 
the regulation to ``Searching and Detaining or Arresting Persons Other 
Than Inmates.'' This title more completely reflects the scope of the 
regulation.
    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. Because this rule 
pertains to institution security requirements, its economic impact is 
limited to the Bureau's appropriated funds.
    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 511

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

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 511--GENERAL MANAGEMENT POLICY

    1. The authority citation for 28 CFR part 511 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793, 
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (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, 6.1.

    2. In 28 CFR part 511, the heading for subpart B is revised to read 
as follows:

Subpart B--Searching and Detaining or Arresting Persons Other Than 
Inmates

    3. In Sec. 511.12, paragraph (d) is revised to read as follows:


Sec. 511.12  Procedures for searching visitors.

* * * * *
    (d) The Warden may authorize a visual search (visual inspection of 
all body surfaces and cavities) of a visitor as a prerequisite to a 
visit to an inmate in a low and above security level institution, or 
administrative institution, or in a pretrial or in a jail (detention) 
unit within any security level institution when there is reasonable 
suspicion that the visitor possesses contraband or is introducing or 
attempting to introduce contraband into the institution.
* * * * *
[FR Doc. 97-5398 Filed 3-4-97; 8:45 am]
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