18658 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP–1006–I]

RIN 1120–AA11

Intensive Confinement Center Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

SUMMARY: In this document, the Bureau

of Prisons is adopting regulations on the

operation of the Intensive Confinement

Center Program. This is a specialized

program for non-violent offenders

combining features of a military boot

camp with the traditional correctional

values of the Bureau of Prisons. This

placement is followed by extended

participation in community-based

programs and possible reduction in

sentence. The goal of the intensive

confinement center program is to

promote in the inmate values of

personal development, self control, and

discipline, thereby helping to reduce the

potential for future incarceration of the

inmate.

DATES: Effective May 28, 1996;

comments due by June 25, 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, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons is adopting interim

regulations on the Intensive

Confinement Center Program. The

purpose of this program is to place nonviolent offenders in a highly structured,

no frills environment as a means of

promoting personal development, self

control, and discipline, thereby helping

to reduce the potential for future

incarceration of the inmate.

Participation in the program is

contingent upon length of sentence and

upon the determination of Bureau staff

that the inmate is serving his or her first

period of incarceration or has a minor

history of prior incarcerations, is not

serving a term of imprisonment for a

crime of violence, is properly classified

as appropriate for housing in minimum

security, and is physically and mentally

capable of participating in the program.

Participation in the program is

voluntary.

Placement in the program is to be

made by Bureau staff in accordance

with sound correctional judgment and

the availability of Bureau resources. The

determination of a non-violent offense is

based upon the definition in 18 U.S.C.

924(c)(3).

The institution-based component of

the program ordinarily is six months in

duration, and consists of strict

discipline and daily regimen of physical

conditioning, labor-intensive work

assignments, literacy program,

vocational training, and drug and

alcohol counseling. The program also

offers the inmate assistance on stress

management, life coping skills, positive

personal attitude and self-esteem. In

addition, there may be other activities

available which are consistent with the

total wellness program. Amenities such

as access to television and radio are

extremely limited (for example,

television access may be limited to a

specified period of national news

broadcasts). Smoking is not permitted.

The six day work week and the long

work day leave little free time, and

visiting and telephone access are very

limited. Non-issue clothing and

commissary privileges (except for

monthly purchases by female inmates of

sanitary hygiene items in addition to

those provided by the Bureau) are not

permitted.

An inmate who successfully

completes the institution-based

component of the program ordinarily is

eligible to serve the remainder of the

sentence in a community-based program

(for example, in a community correction

center or in home detention). An inmate

who fails to complete this component or

who subsequently fails participation in

a community-based program may forfeit

further involvement in the program. An

eligible inmate with a sentence of not

more than thirty months who

successfully completes the institutionbased component, who maintains

successful participation in a

community-based program, and who

has supervised release to follow is

eligible for up to a six month reduction

in sentence. The length of the reduction

is proportional to the amount of time

remaining to be served. Authority for a

reduction in sentence for such inmates

is contained in 18 U.S.C. 4046. The

Bureau has piloted operation of this

program for the purpose of placing

graduates in community-based programs

for both male and female inmates.

Under the interim rule, consideration

for reduction in sentence may be given

to an inmate who successfully

completes an intensive confinement

center pilot program if staff confirm that

the inmate meets appropriate eligibility

criteria.

The Bureau is publishing this

regulation as an interim rule in order to

provide for public comment while

maintaining continuity between pilot

program operation and full

implementation of 18 U.S.C. 4046.

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.

The Bureau of Prisons has determined

that this rule is not a significant

regulatory action for the purpose of E.O.

12886. 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 economic impact on a

substantial number of small entities, as

defined by the Act.

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 is revised to read as follows:

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

3528, 3621, 3622, 3624, 4001, 4042, 4046,

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; 21

U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub.

L. 91–452, 84 Stat. 933 (18 U.S.C. Chapter

223); 28 CFR 0.95–0.99.

2. Subpart D, consisting of § 524.30

through 524.33, is added to read as

follows:

Subpart D—Intensive Confinement Center

Program

Sec. 524.30 Purpose and scope.

Sec. 524.31 Eligibility and placement.

Sec. 524.32 Institution-based component

procedures.

Sec. 524.33 Program failure.

Subpart D—Intensive Confinement

Center Program

§ 524.30 Purpose and scope.

The intensive confinement center

program is a specialized program

combining features of a military boot

camp with the traditional correctional

values of the Bureau of Prisons,
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18659

followed by extended participation in

community-based programs. The goal of

this program is to promote personal

development, self-control, and

discipline.

§ 524.31 Eligibility and placement.

(a) Eligibility for consideration of

placement in the intensive confinement

center program requires that the inmate

is:

(1)(i) Serving a sentence of more than

12, but not more than 30 months (see 18

U.S.C. 4046), or

(ii) Serving a sentence of more than

30, but not more than 60 months, and

is within 24 months of a projected

release date.

(2) Serving his or her first period of

incarceration or has a minor history of

prior incarcerations;

(3) Is not serving a term of

imprisonment for a crime of violence;

(4) Appropriate for housing in

minimum security;

(5) Physically and mentally capable of

participating in the program;

(6) A volunteer.

(b) Placement in the intensive

confinement center program is to be

made by Bureau staff in accordance

with sound correctional judgment and

the availability of Bureau resources.

§ 524.32 Institution-based component

procedures.

(a) An eligible inmate who volunteers

for participation in an institution-based

intensive confinement center program

must agree to forego opportunities

which may be otherwise available to

inmates in Bureau institutions.

Opportunities that may be affected

include, but are not limited to,

visitation, telephone use, legal research

time, religious practices, commissary,

smoking, and grooming preferences.

(b) The institution-based component

of the intensive confinement center

program ordinarily is six months in

duration.

(c) Disciplinary procedures to be

followed in the institution-based

intensive confinement center program

are set forth in subpart B of part 541 of

this chapter.

(d)(1) An inmate who successfully

completes the institution-based

component of the program ordinarily is

eligible to serve the remainder of the

sentence in a community-based

program.

(2) An inmate eligible for

participation in the program under

§ 524.31(a)(1)(i) who successfully

completes the institution-based

component, who maintains successful

participation in a community-based

program, and has a period of supervised

release to follow is eligible for up to a

six month reduction in sentence.

(3) An inmate who completes or has

completed the institution-based

component of an intensive confinement

center pilot program, who maintains

successful participation in a

community-based program, and has a

period of supervised release to follow is

eligible for up to a six month reduction

in sentence if staff confirm that the

inmate has met the requirements of

§ 524.31(a)(1)(i), (2), (3) and (4).

§ 524.33 Program failure.

An inmate who fails to complete the

institution-based component or who

subsequently fails participation in a

community-based program may forfeit

his or her further involvement in the

program.

[FR Doc. 96–10350 Filed 4–25–96; 8:45 am]

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