65204 Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 / Rules and Regulations

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.

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 § 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 § 540.17, the introductory text

and paragraph (b) are revised to read as

follows:

§ 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 nonFederal 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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