[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Rules and Regulations]
[Pages 4356-4357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2091]


      

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 571



Fines and Costs for ``Old Law'' Inmates; Final Rule

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

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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.

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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 Sec. 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 Sec. 571.51, paragraph (b) has been revised for editorial 
purposes. There is no change in the intent of this paragraph.
    In Sec. 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 Sec. 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 
Sec. 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 Secs. 571.54 and 571.55 has been redesignated and 
revised as new Secs. 571.53 and 571.54.
    New Sec. 571.53 restates material formerly in old Sec. 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 Sec. 571.54 restates material in old Sec. 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 Sec. 571.53(d) for forwarding a referral 
package to the appropriate United States Attorney subsequent to a 
finding of non-indigency.
    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),

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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. Sec. 571.50 is revised to read as follows:


Sec. 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 Sec. 571.51, the concluding text is removed and paragraph (b) 
is revised as follows:


Sec. 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. Sec. 571.52 is revised to read as follows:


Sec. 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.


Secs. 571.53 and 571.56  [Removed]

    5. Secs. 571.53 and 571.56 are removed.
    6. Secs. 571.54, 571.55 are redesignated as new Secs. 571.53 and 
571.54 and revised as follows:


Sec. 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.


Sec. 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]
BILLING CODE 4410-05-P