4356 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP–1033–F]

RIN 1120–AA29

Fines and Costs for ‘‘Old Law’’ Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: In this document, the Bureau

of Prisons is amending its regulations on

fines, or fines and costs, ordered by the

court with respect to an inmate

convicted of an offense committed

before November 1, 1987. The amended

regulations conform with 18 U.S.C.

3569, requiring a United States

Magistrate Judge to determine whether

an inmate is indigent, for the purpose of

determining the inmate’s ability to pay

a committed fine, or fine and costs. This

statutory authority previously had

included the Warden as a determining

official. In accordance with delegated

authority by the Attorney General, final

determination as to the retention by the

inmate of property in excess of that

which is by law exempt from being

taken on civil process is to be made by

the appropriate United States Attorney.

Bureau regulations previously had

designated the Regional Director as the

determining official.

EFFECTIVE DATE: January 28, 1998.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Office of General Counsel,

Bureau of Prisons, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons is amending its

regulations on fines and costs (28 CFR

part 571, subpart F). A final rule on this

subject was published in the Federal

Register on October 21, 1983 (48 FR

48971).

These amendments conform Bureau

regulations to reflect 18 U.S.C. 3569

which, as revised and still applicable to

offenses committed before November 1,

1987, specifies a U.S. Magistrate Judge

in the district where the inmate is

imprisoned as the official responsible

for determining whether an inmate is

indigent for the purpose of determining

the inmate’s ability to pay a committed

fine, or fine and costs. Previously, this

statute had also authorized the Warden

as a determining official. These

amendments also conform to delegated

authority (28 CFR 0.171(g)) from the

Attorney General to United States

Attorneys regarding findings on

retention by the inmate of property in

excess of that which is by law exempt

from being taken on civil process for

debt. A discussion of the specific

changes follows.

In § 571.50, the introductory

paragraph and paragraph (a) are revised

to identify clearly the applicability of

the regulations. There is no change in

the intent of these paragraphs.

Paragraph (b) is amended to remove

references to the Warden and the

Regional Director as determining

officials, to include reference to the

United States Attorneys, and to remove

unnecessary explanatory information.

In § 571.51, paragraph (b) has been

revised for editorial purposes. There is

no change in the intent of this

paragraph.

In § 571.52, paragraphs (a) and (b)

have been revised for editorial purposes.

There is no change in the intent of these

paragraphs. Paragraph (c) has been

amended to remove a reference to the

Warden as a determining official.

Former § 571.53 has been removed.

Removal of this provision is necessary

because the Warden no longer has the

authority to determine an inmate’s

ability to pay his or her fine or fine and

costs. Former § 571.56 has also been

removed, because the final

determination as to the retention of

property which is reasonably necessary

for the inmate’s support or that of his or

her family has been delegated by the

Attorney General to United States

Attorneys.

The material in §§ 571.54 and 571.55

has been redesignated and revised as

new §§ 571.53 and 571.54.

New § 571.53 restates material

formerly in old § 571.54. Paragraph (a)

is revised to specify that an inmate must

apply to the U.S. Magistrate Judge in the

district where the inmate is incarcerated

to determine whether the inmate is

indigent for the purpose of determining

the inmate’s ability to pay his or her

fine, or fine and costs. As revised,

paragraph (b) removes the condition of

a determination of non-indigency by the

Warden before an inmate may elect to

apply to the U.S. Magistrate Judge. This

paragraph still directs institution staff to

offer to send all forms and information

to the U.S. Magistrate Judge for the

inmate. Paragraph (c) has been revised

for editorial purposes. There is no

change in the intent of this paragraph.

Paragraph (d) has been revised to

include reference to the United States

Attorney as a determining official.

New § 571.54 restates material in old

§ 571.55. Paragraphs (a), (b) and (c) have

been revised for editorial purposes.

There is no change in the intent of these

paragraphs. A new paragraph (d) is

added parallel the provisions in new

§ 571.53(d) for forwarding a referral

package to the appropriate United States

Attorney subsequent to a finding of nonindigency.

Because these changes impose no new

restrictions on inmates and either

conform to statutory requirements, other

delegated authority, or are

administrative in nature, the Bureau

finds good cause for exempting the

provisions of the Administrative

Procedure Act (5 U.S.C. 553) requiring

notice of proposed rulemaking, the

opportunity for public comment, and

delay in effective date. 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 (Pub. L. 96–354), does not have a

significant economic impact on a

substantial number of small entities,

within the definition 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 571

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 571 in

subchapter D of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER D—COMMUNITY

PROGRAMS AND RELEASE

PART 571—RELEASE FROM

CUSTODY

1. The authority citation for 28 CFR

part 571 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3565,

3568–3569 (Repealed in part as to offenses

committed on or after November 1, 1987),

3582, 3621, 3622, 3624, 4001, 4042, 4081,

4082 (Repealed in part as to offenses

committed on or after November 1, 1987),

4161–4166, and 4201–4218 (Repealed as to

offenses committed on or after November 1,

1987), 5006–5024 (Repealed October 12, 1984

as to offenses committed after that date),
Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations 4357

5031–5042; 28 U.S.C. 509, 510; U.S. Const.,

Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10.

2. § 571.50 is revised to read as

follows:

§ 571.50 Purpose and scope.

This subpart establishes procedures

for processing a fine, or fine and costs

ordered by the court with respect to an

inmate convicted of an offense

committed before November 1, 1987.

When the court orders a prisoner’s

confinement until payment of a fine, or

fine and costs under 18 U.S.C. 3565, the

Bureau of Prisons shall confine that

inmate until the fine, or fine and costs

are paid, unless the inmate qualifies for

release under 18 U.S.C. 3569.

(a) An inmate held on the sole basis

of his/her inability to pay such fine, or

fine and costs, and whose non-exempt

property does not exceed $20.00 may

request discharge from imprisonment on

the basis of indigency (see 18 U.S.C.

3569).

(b) Under 18 U.S.C. 3569, the

determination of indigency may be

made by a U.S. Magistrate Judge. Where

the U.S. Magistrate Judge makes a

finding of non-indigency based on the

inmate’s application for a determination

of his ability to pay the committed fine,

or fine and costs, staff shall refer the

application to the appropriate United

States Attorney for the purpose of

making a final decision on the inmate’s

discharge under 18 U.S.C. 3569. It is to

be noted that 18 U.S.C. 3569 provides

for confining an inmate for nonpayment

of a committed fine, or fine and costs.

3. In § 571.51, the concluding text is

removed and paragraph (b) is revised as

follows:

§ 571.51 Definitions.

* * * * *

(b) Costs—Monetary costs of the legal

proceeding which the court may levy.

Imposition of costs is similar in legal

effect to imposition of a fine. The court

may also impose costs with a condition

of imprisonment.

* * * * *

4. § 571.52 is revised to read as

follows:

§ 571.52 Procedures—committed fines.

(a)(1) Promptly after the inmate’s

commitment, staff shall inform the

inmate that there is a committed fine, or

fine and costs on file, as part of the

sentence. Staff shall then impound the

inmate’s trust fund account until the

fine, or fine and costs is paid, except—

(i) The inmate may spend money from

his/her trust fund account for the

purchase of commissary items not

exceeding the maximum monthly

allowance authorized for such

purchases.

(ii) Staff may authorize the inmate to

make withdrawals from his/her trust

fund account for emergency family,

emergency personal needs or furlough

purposes.

(2) This rule of impounding an

inmate’s trust fund account applies only

when the inmate is confined in a federal

institution. It does not apply to a federal

inmate confined in a state institution or

a contract community-based facility.

(b) If the inmate pays the committed

fine, or fine and costs, or staff have

verified payment, staff shall document

payment in the appropriate file and

release the inmate’s trust fund account

from impoundment.

(c) Staff shall interview the inmate

with an unpaid committed fine at least

75 days prior to the inmate’s release

date. Staff shall explain to the inmate

that to secure release without paying the

committed fine, or fine and costs in full,

the inmate must make an application,

on the appropriate form, to the U.S.

Magistrate Judge for determination as to

whether the inmate can be declared

indigent under 18 U.S.C. 3569.

§§ 571.53 and 571.56 [Removed]

5. §§ 571.53 and 571.56 are removed.

6. §§ 571.54, 571.55 are redesignated

as new §§ 571.53 and 571.54 and

revised as follows:

§ 571.53 Determination of indigency by

U.S. Magistrate—inmates in federal

institutions.

(a) An inmate with a committed fine,

or fine and costs who is imprisoned in

a federal institution may make

application for a determination of

indigency directly to the U.S. Magistrate

Judge in the district where the inmate is

imprisoned under 18 U.S.C. 3569.

(b) After completion of the

application, staff shall offer to forward

the completed forms and any other

applicable information the inmate

chooses to the U.S. Magistrate Judge.

(c) If the U.S. Magistrate Judge finds

that the inmate is indigent, the U.S.

Magistrate Judge will administer the

oath to the inmate. The inmate shall be

released no earlier than the regularly

established release date.

(d) If the U.S. Magistrate Judge finds

that the inmate is not indigent, Bureau

staff shall forward a referral package to

the appropriate United States Attorney

for a final determination as to the

inmate’s ability to pay the committed

fine, or fine and costs.

§ 571.54 Determination of indigency by

U.S. Magistrate Judge—inmates in contract

community-based facilities or state

institutions.

(a) Inmates with a committed fine, or

fine and costs may be transferred to

contract community-based facilities,

state institutions as boarders, or state

institutions for service of federal

sentences running concurrently with

state sentences.

(b) Inmates with a committed fine, or

fine and costs may be committed

directly to contract community-based

facilities or state institutions as boarders

or may be designated to state

institutions for service of federal

sentences running concurrently with

state sentences.

(c) An inmate with a committed fine,

or fine and costs who is imprisoned in

a contract community-based facility or

state institution and desires to make

application for a determination of

ability to pay the committed fine, or fine

and costs under 18 U.S.C. 3569 may

make application directly to the U.S.

Magistrate Judge.

(d) Upon receipt of a finding by the

U.S. Magistrate Judge that the inmate is

not indigent, Bureau staff shall forward

a referral package to the appropriate

United States Attorney for a final

determination as to the inmate’s ability

to pay the committed fine, or fine and

costs.

[FR Doc. 98–2091 Filed 1–27–98; 8:45 am]

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