92 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP–1050–P]

RIN 1120–AA49

Telephone Regulations and Inmate

Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

SUMMARY: In this document, the Bureau

of Prisons (Bureau) is proposing to limit

telephone privileges to 60 minutes of

debit calls per month for inmates who

refuse to participate in the inmate

financial responsibility program (IFRP).

Additionally, the Bureau proposes to

impose a $25 per month spending

limitation upon the commissary

purchases of IFRP refusees, excluding

the purchase of stamps and telephone

credits. These actions are made

pursuant to the terms of a settlement

approved by the District Court in a

nation-wide federal prisoner class

action, Washington v. Reno, Nos. 93–

217, 93–290 (E.D. KY), and are intended

to continue encouraging inmates to

participate in the IFRP.

DATES: Comments 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 proposing

to amend its rules on telephone

regulations (28 CFR part 540, subpart I)

and on the inmate financial

responsibility program (IFRP) (28 CFR

part 545, subpart B) 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

§§ 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.

See 60 FR 240. In accordance with the

court-approved settlement in

Washington v. Reno, Nos. 93–217, 93–

290 (E.D. KY), the Bureau has

withdrawn those provisions in a

document published elsewhere in

today’s Federal Register.

Also in accordance with provisions of

the settlement in Washington v. Reno,

this proposed rule specifies providing

only debit telephone calling privileges

for inmates who refuse to participate in

the IFRP and to limit such debit calling

privileges to 60 minutes of debit calls

per month. This proposed limitation

will not take effect until installation of

the new nation-wide telephone system,

per terms of the settlement in

Washington v. Reno.

Local institution guidelines continue

to govern the duration of each

individual call. As with all inmate

telephone privileges, the Warden retains

the discretion to further limit the debit

calling privileges of inmates who refuse

to participate in the IFRP to ensure the

security or good order, including

discipline of the institution or to protect

the public, 28 CFR § 540.100. Telephone

privileges of inmates who refuse to

participate in the IFRP may also be

further limited as a disciplinary

sanction, 28 CFR part 541.

Additionally, the Bureau is proposing

to amend the provision in 28 CFR

545.11(d) which relates to the monthly

commissary spending limitation

imposed upon inmates who refuse to

participate in the IFRP. Specifically,

under 28 CFR 545.11(d)(6), IFRP

refusees currently are not permitted to

purchase any items in excess of the

monthly spending limitation for all

inmates, including special purchase

items like sports equipment, hobby

crafts, etc. The Bureau proposes to

revise this provision to impose upon

IFRP refusees a more stringent monthly

spending limitation than that imposed

upon all inmates. Pursuant to the terms

of the settlement in Washington v. Reno,

the proposed rule specifies that the

monthly spending limitation upon IFRP

refusees shall be at least $25 per month

and excludes purchases of stamps and

telephone credits.

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 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 Part 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 proposed to be 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 § 540.105, paragraph (c) is added

to read as follows:

§ 540.105 Expenses of inmate telephone

use.

* * * * *

(c) The Warden shall limit the

telephone privileges (collect and debit

calls) of an inmate who has refused to

participate in the Inmate Financial

Responsibility Program (IFRP) as

specified in 28 CFR part 545.

* * * * *

PART 545—WORK AND

COMPENSATION

1. 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.

2. In § 545.11, paragraph (d)(6) is

revised, and paragraph (d)(10) is added,

to read as follows:

§ 545.11 Procedures.

* * * * *
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules 93

(d) * * *

(6) The inmate shall be subject to a

monthly commissary spending

limitation more stringent than the

monthly commissary spending

limitation set for all inmates. This more

stringent commissary spending

limitation for IFRP refusees shall be at

least $25 per month, excluding

purchases of stamps and telephone

credits.

* * * * *

(10) The inmate is restricted to the use

of debit telephone calls and will be

allowed to make 60 minutes of debit

telephone calls per month, unless the

Warden further limits the inmate’s

telephone privileges to ensure the

security or good order, including

discipline of the institution, or to

protect the public, pursuant to 28 CFR

§ 540.100, or the inmate’s telephone

privileges are restricted as a disciplinary

sanction under 28 CFR, part 541. Any

exception to this provision requires

approval of the Warden and is to be

based on compelling circumstances.

* * * * *

[FR Doc. 95–31498 Filed 12–29–95; 8:45 am]

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