[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Rules and Regulations]
[Pages 25121-25122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12472]



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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP-1052-I]
RIN 1120-AA36


Drug Abuse Treatment Programs: Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Further issuance of interim rule with request for comments.

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SUMMARY: In this document, the Bureau of Prisons is further amending 
its interim rule on Drug Abuse Treatment Programs which allows for 
consideration of early release of eligible inmates who complete a 
residential drug abuse treatment program, including a transitional 
treatment phase. Based upon initial public comment, the Bureau is 
adding to the interim regulations a requirement that an inmate seeking 
consideration for early release must complete transitional drug 
treatment services in a community-based program (i.e., in a Community 
Corrections Center or on home confinement). This further amendment is 
necessary to solicit additional comments from the public on this new 
requirement.

DATES: Effective May 17, 1996; comments are due July 16, 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 further amending 
its regulations on Drug Abuse Treatment Programs (28 CFR part 550, 
subpart F). An interim rule on this subject which implemented Section 
32001 of the Violent Crime Control and Law Enforcement Act of 1994 
(codified at 18 U.S.C. 3621(e)) was published in the Federal Register 
on May 25, 1995 (60 FR 27692).
    Public comment received on the interim rule, published May 25, 
1995, included comment from the American Psychiatric Association 
(Association). The Association stated that it believed the program was 
a good idea, but expressed concern about the adequacy of transitional 
drug treatment services offered at an institution. Bureau regulations 
in 28 CFR 550.59(a) require minimum participation of one hour per month 
for such transitional services. The Association stated that this 
minimum was probably not of sufficient intensity to facilitate a good 
outcome and recommended enhanced psychiatric consultation and the 
availability of a broad array of services.
    The Bureau recognizes the importance of transitional services in 
drug treatment programming and agrees with the Association that an 
enhanced transitional program, such as is available in a community-
based program, increases the opportunity for a good outcome. The Bureau 
recognizes that implementation of this requirement may preclude some 
inmates from participation in a community-based program. However, while 
the Bureau may be able to increase the availability of certain 
transitional services at an institution, it cannot duplicate within the 
institution the environment of community-based transitional services 
(i.e., the evaluation of the inmate in conditions where the inmate is 
reintegrating into the community). The Bureau, in exercising its 
discretion in determining the successful completion of a residential 
drug abuse treatment program under 18 U.S.C. 3621(e), is therefore 
requiring that consideration for early release be contingent upon the 
inmate's completion of transitional services in a community-based 
program (i.e., in a Community Corrections Center or on home 
confinement).
    Section 550.58 has accordingly been amended to reflect this 
addition. Inmates who will not be able to complete the community-based 
portion of treatment will be those whose placement in such programs is 
precluded due to custodial considerations. Such considerations would 
include the presence of a detainer or the possibility that the inmate's 
placement in a community-based program would pose a danger to the 
public. The decision to place an inmate in a community-based program is 
made by the Warden based on his or her professional discretion.
    As of August 17, 1995, approximately 160 inmates who had already 
qualified for early release consideration under the provisions of the 
May 25, 1995 interim rule (meaning they had completed the residential 
program or had been placed in the residential program with an adjusted 
release date to follow) would not be able to complete the community-
based portion of the program due to the exclusion from community-based 
programs as a result of a detainer. The Bureau has determined that this 
group of inmates will not be adversely affected by this new interim 
rule. They will be considered under the rules in effect at the time 
they entered the residential program. However, any inmate in this group 
who loses his or her eligibility for early release (due to expulsion 
from the program or for other reasons as provided by the regulations) 
must reenter the program and will then be governed by the eligibility 
requirements of this new interim rule. Any inmate with a detainer, 
however, who has not entered the residential drug treatment program by 
August 17, 1995 will be subject to the restrictions of the new interim 
rule.
    This exception from application of this new interim rule for 
inmates with detainers who had already entered the residential 
treatment program will not be extended to any other group of inmates. 
Inmates who are excluded for any other reasons from a community-based 
program, such as posing a danger to the public, are no longer eligible 
for an early release. The adjusted projected release dates for these 
inmates will revert to their prior status. This action is similar to 
the manner in which projected good time may be recomputed before it is 
vested.
    Additional changes to the introductory text have been made for the 
sake of clarity. For example, the introductory text more clearly 
emphasizes that early release consideration for inmates is applicable 
to inmates sentenced to a term of imprisonment pursuant to the 
provisions of 18 U.S.C. Chapter 227,

[[Page 25122]]

Subchapter D. Inmates sentenced under ``old law'' provisions are not 
eligible, regardless of their eligibility for parole. The restriction 
for inmates who have a prior federal and/or state conviction for 
homicide, forcible rape, robbery, or aggravated assault has been 
reworded to remove the phrase ``federal and/or state''. This is being 
done in order to include foreign convictions.
    The Bureau's response to other comments to the May 25, 1995 interim 
rule will be contained in a future Federal Register document.
    Interested persons may participate in this new interim 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 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.

List of Subjects in 28 CFR Part 550

    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 550 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 550--DRUG PROGRAMS

    1. The authority citation for 28 CFR part 550 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 4251-4255, 5006-5024 (repealed October 12, 1984 
as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 
28 CFR 0.95-0.99.

    2. In Sec. 550.58, the introductory text and paragraphs (a)(1)(iii) 
and (a)(2)(i) are revised to read as follows:


Sec. 550.58  Consideration for early release.

    Except as provided in this paragraph, an inmate who was sentenced 
to a term of imprisonment pursuant to the provisions of 18 U.S.C. 
Chapter 227, Subchapter D, and who completes a residential drug abuse 
treatment program including subsequent transitional services in a 
community-based program (i.e., in a Community Corrections Center or on 
home confinement) during his or her current commitment may be eligible, 
in accordance with paragraph (a) of this section, for early release by 
a period not to exceed 12 months. The following categories of inmates 
are not eligible: INS detainees, pretrial inmates, contractual boarders 
(for example, D.C., State, or military inmates), inmates whose current 
offense is determined to be a crime of violence as defined in 18 U.S.C. 
924(c)(3), inmates who have a prior conviction for homicide, forcible 
rape, robbery, or aggravated assault, and inmates who are not eligible 
for participation in a community-based program as determined by the 
Warden on the basis of his or her professional discretion.
    (a) Eligibility. (1) * * *
* * * * *
    (iii) The inmate completes a refresher treatment program and all 
applicable transitional services programs in a community-based program 
(i.e., in a Community Corrections Center or on home confinement); and
* * * * *
    (2) * * *
    (i) The inmate completes all applicable transitional services 
programs in a community-based program (i.e., in a Community Corrections 
Center or on home confinement); and
* * * * *
[FR Doc. 96-12472 Filed 5-16-96; 8:45 am]
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