10722 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP–1037–F]

RIN 1120–AA32

Progress Reports

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: The Bureau of Prisons is

amending its regulations on progress

reports to require that progress reports

be prepared for inmates at independent

camps at least once every 24 or 36

months. The purpose of this change is

to streamline operations at Bureau

facilities while continuing to provide

appropriate program services to

inmates.

EFFECTIVE DATE: February 27, 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 Progress Reports. A final

rule on this subject was published in the

Federal Register on December 3, 1990

(55 FR 49977), and was amended on

February 11, 1994 (59 FR 6856).

Current policy requires that a progress

report be prepared on each federal

inmate at least once every 24 months, if

for no other reason than to update report

information. With this amendment,

inmates at independent camps would be

given progress reports at least once

every 24 or 36 months, dependent upon

institution resources. Progress reports

are used to maintain current

information on an inmate such as his/

her institutional adjustment, program

participation, and readiness for release.

Inmates at independent camps have

demonstrated the necessary

responsibility to serve their term of

incarceration in the least restrictive

environment. Because inmates in this

environment do not need the same level

of program opportunities as inmates at

higher security institutions, program

opportunities at camps are more

limited. Release readiness for such

inmates is monitored regularly through

unit team review as part of the

institution’s release preparation

program. Consequently, the need for

frequent progress reports is greatly

diminished. This amendment makes no

change to the provisions in § 524.41(f)

which allows for preparation for any

other reason. This amendment,

therefore, will not negatively impact

inmates at independent camps. This

change will give the Bureau the

flexibility to streamline operations at

independent camps in accordance with

staff resources.

The Bureau 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 of the 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.

Because these changes allow the

Bureau to allocate staff resources in a

more efficient manner and do not

impose further restrictions on inmates,

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.

List of Subjects in 28 CFR Part 524

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 524 in

subchapter B of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER B—INMATE ADMISSION,

CLASSIFICATION, AND TRANSFER

PART 524—CLASSIFICATION OF

INMATES

1. The authority citation for 28 CFR

part 524 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3521–

3528, 3621, 3622, 3624, 4001, 4042, 4081,

4082 (Repealed as to offenses committed on

or after November 1, 1987), 5006–5024

(Repealed October 12, 1984 as to offenses

committed after that date), 5039; 21 U.S.C.

848; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.

2. In § 524.41, paragraph (e) is revised

to read as follows:

§ 524.41 Types of progress reports.

* * * * *

(e) Biennial Report—except for

inmates at independent camps, a

progress report shall be completed on

each designated inmate at least once

every 24 months if not previously

generated for another reason required by

this section. Dependent upon institution

resources, progress reports for inmates

housed at independent camps shall be

updated at least once every 24 or 36

months.

* * * * *

[FR Doc. 95–4655 Filed 2–24–95; 8:45 am]

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