[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Rules and Regulations]
[Page 65204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30641]




[[Page 65203]]

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Part III





Department of Justice





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Bureau of Prisons



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28 CFR Part 540



Correspondence Between Confined Inmates; Final Rule

Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 / 
Rules and Regulations

[[Page 65204]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP-1042-F]
RIN 1120-AA38


Correspondence: Correspondence Between Confined 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 correspondence to provide unit managers with the 
authority to approve correspondence in certain circumstances between 
inmates in different federal institutions. These amendments are 
intended to provide for the continued efficient and secure operation of 
the institution.

EFFECTIVE DATE: December 18, 1995.

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 amending its 
regulations on correspondence (28 CFR part 540, subpart B). A final 
rule on this subject was published in the Federal Register October 1, 
1985 (50 FR 40109) and was amended on February 1, 1991 (56 FR 4159).
    Current provisions in Sec. 540.17 specify that in instances where 
correspondence is permissible between inmates confined in separate 
institutions, the Wardens of both institutions must approve of the 
correspondence. In order to make better use of staff resources, the 
Bureau is revising the introductory text and paragraph (b) of this 
section to designate the unit managers in both institutions as the 
approving officials in instances where both inmates are housed in 
federal institutions and both inmates are either members of the same 
immediate family or are parties or witnesses in a legal action in which 
both inmates are involved. As revised, paragraph (b) designates the 
Wardens of both institutions as the approving officials where one of 
the inmates is housed in a non-federal institution or if approval is 
being granted on the basis of exceptional circumstances. As a 
conforming change, reference in the introductory text to the Warden as 
the approving official in exceptional circumstances has been removed.
    Because the circumstances permitting the approval by the unit 
manager of correspondence between inmates are ordinarily fact specific 
(i.e, the other inmate is either a member of the immediate family, or 
is a party or witness in a legal action in which both inmates are 
involved), no adverse impact on inmates is anticipated. Approval based 
upon other exceptional circumstances remains with the Warden.
    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 (Pub. L. 96-354), does not have a significant impact on 
a substantial number of small entities.
    The Bureau is publishing this regulation as an interim rule in 
order to implement streamlining measures through more efficient use of 
staff while still soliciting public comment. Members of the public may 
submit comments concerning this rule by writing to the previously cited 
address. These comments will be considered before the rule is 
finalized.

List of Subjects in 28 CFR Part 540

    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 540 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 is revised to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3621, 3622, 
3624, 4001, 4042, 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; 28 U.S.C. 
509, 510; 28 CFR 0.95-0.99.

    2. In Sec. 540.17, the introductory text and paragraph (b) are 
revised to read as follows:


Sec. 540.17  Correspondence between confined inmates.

    An inmate may be permitted to correspond with an inmate confined in 
any other penal or correctional institution if the other inmate is 
either a member of the immediate family, or is a party or witness in a 
legal action in which both inmates are involved. Such correspondence 
may be approved in other exceptional circumstances, with particular 
regard to the security level of the institution, the nature of the 
relationship between the two inmates, and whether the inmate has other 
regular correspondence. The following additional limitations apply:
* * * * *
    (b)(1) The appropriate unit manager at each institution must 
approve of the correspondence if both inmates are housed in Federal 
institutions and both inmates are members of the same immediate family 
or are a party or witness in a legal action in which both inmates are 
involved.
    (2) The Wardens of both institutions must approve of the 
correspondence if one of the inmates is housed at a non-Federal 
institution or if approval is being granted on the basis of exceptional 
circumstances.

[FR Doc. 95-30641 Filed 12-15-95; 8:45 am]
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