[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Rules and Regulations]
[Pages 90-91]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31497]



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DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP-1049-I]
RIN 1120-AA39


Telephone Regulations and Inmate Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim Rule With Request for Comments, and Withdrawal of 
Effective Date-Delayed Provisions.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) is 
withdrawing the provisions in its regulations relating to limitations 
on telephone privileges for inmates who have refused participation in 
the inmate financial responsibility program, (IFRP) which were to 
become effective January 4, 1996. In addition, the Bureau is increasing 
to $75.00 the amount of money to be excluded from assessment in an 
inmate's financial responsibility plan. These actions are made pursuant 
to the terms of a settlement approved by the District Court in a 
nationwide federal prisoner class action, Washington v. Reno, Nos. 93-
217, 93-290 (E.D.KY.).

DATES: The withdrawal of 28 CFR 540.105(c) and 545.11(d)(10), and the 
amendment to 28 CFR 540.100(a) is effective January 2, 1996; the 
amendment to 28 CFR 545.11(b) introductory text is effective January 3, 
1996. Comments on 28 CFR 545.11(b) are due on March 4, 1996.

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, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is 
withdrawing certain provisions in its rules on telephone regulations 
and on the inmate financial responsibility program (IFRP) which were 
published in the Federal Register on April 4, 1994 (59 FR 15812).
    In the April 4, 1994, revision of its rules on telephone 
regulations and on the IFRP, the Bureau delayed the effective date for 
provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed 
limitations on the telephone privileges of inmates refusing to 
participate in the IFRP. These provisions were to become effective 
January 3, 1995. Due to ongoing litigation in Washington v. Reno, the 
effective date for these provisions was further delayed until January 
4, 1996 (60 FR 240). In accordance with the Court-approved settlement 
in Washington v. Reno, the Bureau is withdrawing these provisions and 
the reference to the IFRP telephone restrictions contained in 28 CFR 
540.100(a), and is publishing elsewhere in today's Federal Register a 
new proposed rule to impose a different restriction on the telephone 
privileges of inmates who refuse to participate in the IFRP.
    In accordance with the settlement in Washington v. Reno, the Bureau 
is also amending, on an interim basis with request for comments, the 
provision in 28 CFR 545.11(b) which relates to the exclusion of certain 
funds from an inmate's financial responsibility plan. Under this 
provision, unit team staff currently exclude $50.00 per month from 
assessment in developing the inmate's payment plan in the IFRP. This 
provision is revised to raise the exclusion to $75.00 per month, per 
the terms of the settlement in Washington v. Reno and, for 
clarification purposes, the third and fourth sentences of this 
paragraph are being combined into one sentence.
    Because the revisions to 28 CFR 545.11(b) are made pursuant to the 
court-approved settlement in Washington v. Reno, the Bureau is issuing 
the revisions as an interim rule pursuant to the ``good cause'' 
exemption of 5 U.S.C. 553(d)(3). Interested persons may participate in 
this rulemaking by submitting data, views, or arguments in writing to 
the Bureau of Prisons, 320 First Street, NW., HOLC Room 754, 
Washington, DC 20534. Comments received on the interim rule provisions 
during the comment period will be considered before final action is 
taken. All comments received remain on file for public inspection at 
the above address.
    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 has not been reviewed by the Office of Management 
and Budget pursuant to E.O. 12866. 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.

List of Subjects in 28 CFR Parts 540 and 545

    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), parts 540 and 545 in subchapter C 
of 28 CFR, chapter V are 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 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3013, 3571, 
3572, 3621, 3622, 3624, 3663, 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. 540.100, paragraph (a) is amended by revising the fifth 
sentence to read as follows:


Sec. 540.100  Purpose and scope.

* * * * *
    (a) * * * In addition to the procedures set forth in this subpart, 
inmate telephone use is subject to those limitations which the Warden 
determines are necessary to ensure the security or good order, 
including discipline, of the institution or to protect the public. * * 
*


Sec. 540.105  [Amended]

    3. In Sec. 540.105, paragraph (c), which was previously to become 
effective January 4, 1996, (59 FR 15824, 60 FR 240) is removed and 
reserved.

PART 545--WORK AND COMPENSATION

    4. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622, 
3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 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.


[[Page 91]]

    5. In Sec. 545.11, the introductory text of paragraph (b) is 
amended by revising the dollar amount ``$50.00'' in the fifth sentence 
to read ``$75.00''; by removing the third and fourth sentences; by 
adding a new third sentence to read as follows; and in addition, 
paragraph (d)(10), which was to become effective January 4, 1996, (59 
FR 15825, 60 FR 240) is removed and reserved.


Sec. 545.11  Procedures.

* * * * *
    (b) Payment. * * * In developing an inmate's financial plan, the 
unit team shall exclude from its assessment $75.00 a month deposited 
into the inmate's trust fund account after subtracting from the trust 
fund account the inmate's IFRP minimum payment schedule for UNICOR or 
non-UNICOR work assignments, set forth below in paragraph (b)(1) and 
(b)(2) of this section.
* * * * *
[FR Doc. 95-31497 Filed 12-29-95; 8:45 am]
BILLING CODE 4410-05-P