378 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545

[BOP–1027–F]

RIN 1120–AA29

Inmate Work and Performance Pay

Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: In this document, the Bureau

of Prisons is amending its regulations on

inmate work and performance pay in

conformance with revised provisions

governing drug abuse treatment

programs and pretrial inmates. In

addition to making these conforming

amendments, the Bureau is also revising

various terms defined in the regulations,

updating examples cited, and adding

exception procedures pertinent to pay

reduction and work evaluation. This

amendment is intended to provide for

the more efficient operation of Bureau

institution work programs.

EFFECTIVE DATE: January 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, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons is amending its

regulations on Inmate Work and

Performance Pay. A final rule on this

subject was published in the Federal

Register on October 1, 1984 (49 FR

38915) and was amended on May 21,

1991 (56 FR 23478) and July 10, 1991

(56 FR 31530). A proposed rule on the

conforming provisions of the drug abuse

treatment programs was published

January 7, 1994 (59 FR 1240), and a final

rule for those provisions was published

October 21, 1994 (59 FR 53342). A final

rule for the conforming amendments to

the provisions on pretrial inmates was

published November 22, 1994 (59 FR

60284).

The January 7, 1994 proposed rule on

drug abuse treatment programs (28 CFR

550, subpart F) included conforming

amendments to inmate work/program

assignment (§ 545.23(a)) and to

eligibility for performance pay

(§ 545.25(d)). No comment was received

on these provisions. These conforming

amendments are being adopted as final

with the following adjustments.

Paragraph (a) of § 545.20 is revised in

order to conform to recommended

Federal Register codification practice,

to include reference to drug treatment

programming, and to make consistent

reference to education (rather than

educational) program. In § 545.21,

paragraph (f) is revised to include

reference to drug treatment

programming and education programs.

As proposed, § 545.23(a) was to be

amended by revising the last sentence to

include reference to the drug treatment

program. This reference is more

accurately stated in the second

sentence, and the Literacy Program is

given as an example of program

involvement mandated by either Bureau

policy or statute. For ease of reference,

the entire paragraph is revised. In

§ 545.24(d), the reference to

‘‘educational’’ has been revised as

‘‘education’’. The provision on

eligibility for performance pay in

proposed § 545.25(d) has been revised

for the sake of simplification. Paragraph

(a)(2) of § 545.25 has been revised to

include the acronym for General

Education Development in the reference

to the Bureau’s literacy program. There

is no change in the intent of these two

paragraphs. In § 545.26, paragraph (e)(1)

is revised to include reference to

education programs. Section 545.28 is

being revised as an administrative

measure to allow for the payment of the

limited financial incentives authorized

by the provisions of the drug abuse

treatment programs (§ 550.57(a)(1)).

The November 22, 1994 final rule on

pretrial inmates removed references to

waiver of separation because the

decision to maintain separation in

instances where the design, structure,

and operation of the institution may

make separation not practicable is made

by staff. Section 545.23(b) accordingly

has been revised to remove similar

reference.

Changes to the definitions in § 545.21

include the following. The definition of

inmate in paragraph (a) has been

removed, because this definition is

covered more generally in 28 CFR 500.1.

A new paragraph (a) has been added to

define the phrase ‘‘physically and

mentally able.’’ Paragraph (c) has been

revised to include Federal Prison

Industries’ acronym rather than its trade

name. Paragraphs (d) through (g) have

been redesignated as paragraphs (e)

through (h) in order to add a new

definition for ‘‘commissary

assignment.’’ This assignment, also

referenced in newly revised § 545.23(a),

operates under the Bureau’s Trust Fund

Division.

In § 545.26, the Bureau is adding a

provision in paragraph (d) to make

exception for a reduction in inmate pay

based upon absence from a scheduled

assignment. This exception provides the

Bureau the flexibility to continue

payment in instances where the

Assistant Director, Correctional

Programs Division deems this advisable.

In paragraph (e), the Bureau is adding a

similar provision with respect to work

evaluations. This exception may be

invoked at independent camps in

instances where, in order to conserve

staff resources, staff may monitor an

inmate’s performance on a periodic

basis rather than a monthly basis when

the inmate has received exceptional

evaluations over an extended period.

Because the additions to the proposed

regulations either relieve a restriction on

the inmate or are administrative in

nature, 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 a delay in the 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.

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 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), part 545 in

subchapter C of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 545—WORK AND

COMPENSATION

1. The authority citation for 28 CFR

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
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 379

date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95–

0.99.

2. In § 545.20, paragraph (a) is revised

to read as follows:

§ 545.20 Purpose and scope.

(a) The Bureau of Prisons operates an

inmate work program within its

institutions. To the extent practicable,

the work program:

(1) Reduces inmate idleness, while

allowing the inmate to improve and/or

develop useful job skills, work habits,

and experiences that will assist in postrelease employment; and

(2) Ensures that activities necessary to

maintain the day-to-day operation of the

institution are completed.

Sentenced inmates who are physically

and mentally able to work are required

to participate in the work program.

When approved by the Warden or

designee, drug treatment programming,

education, or vocational training may be

substituted for all or part of the work

program.

* * * * *

3. In § 545.21, paragraphs (a) and (c)

are revised, paragraphs (d) through (g)

are redesignated as paragraphs (e)

through (h), and a new paragraph (d) is

added and newly designated paragraph

(f) is revised to read as follows:

§ 545.21 Definitions.

(a) Physically and mentally able. For

purposes of this rule, this shall include

inmates with disabilities who, with or

without reasonable accommodation, can

perform the essential function of the

work assignment.

* * * * *

(c) Industry assignment. A Federal

Prison Industries (FPI) work assignment.

(d) Commissary assignment. A Trust

Fund work assignment.

* * * * *

(f) Part-time work assignment. A work

assignment to which an inmate is

assigned for only a portion of the

scheduled work day. Part-time work

assignments are ordinarily made in

conjunction with drug treatment

programming, education, and/or

vocational training programs.

* * * * *

4. In § 545.23, paragraphs (a) and (b)

are revised to read as follows:

§ 545.23 Inmate Work/Program

Assignment.

(a) Each sentenced inmate who is

physically and mentally able is to be

assigned to an institutional, industrial,

or commissary work program. Exception

shall be made to allow for inmate

participation in an education,

vocational, or drug abuse treatment

program, on either a full or part-time

basis, where this involvement is

mandated by Bureau policy or statute

(for example, the Literacy Program).

Where such participation is not required

by either policy or statute, exception

may be made to allow an inmate to

participate in an education, vocational,

or drug abuse treatment program rather

than work full-time upon the request of

the inmate and approval of the Warden

or designee.

(b) A pretrial inmate may not be

required to work in any assignment or

area other than housekeeping tasks in

the inmate’s own cell and in the

community living area, unless the

pretrial inmate has signed a waiver of

his or her right not to work (see 28 CFR

part 551, subpart J).

* * * * *

§ 545.24 [Amended]

5. In § 545.24, paragraph (d) is

amended by revising in the first

sentence the word ‘‘educational’’ to read

‘‘education’’.

6. In § 545.25, paragraph (a)(2) is

revised and a new paragraph (d) is

added to read as follows:

§ 545.25 Eligibility for performance pay.

(a) * * *

(2) Literacy program (GED)

participation;

* * * * *

(d) An inmate who refuses

participation, withdraws, is expelled, or

otherwise fails attendance or

examination requirements of the drug

abuse education course shall be held at

the lowest pay grade (Grade 4).

7. In § 545.26, paragraphs (d), (e)

introductory text, and (e)(1) are revised

to read as follows:

§ 545.26 Performance pay provisions.

* * * * *

(d) An inmate is eligible to receive

performance pay only for those hours

during which the inmate is actually

performing satisfactory work or actively

participating in an education or

vocational training program. Absences

from an inmate’s scheduled assignment

for such reasons as call-outs, visits, sick

call, interviews, or making telephone

calls shall be deducted from the

monthly number of hours worked and

will accordingly reduce the amount of

pay received by the inmate. Any

exception to such reduction in pay must

be approved by the Assistant Director,

Correctional Programs Division, Central

Office.

(e) Work Evaluation. At the end of

each month the work detail/program

supervisor shall compute on an

evaluation form the hours worked by

the inmate and the pay to be awarded.

The supervisor shall also rate the

inmate’s performance over the past

month in each of several categories. For

example, an inmate may be rated in

such categories as quality of work,

quantity of work, initiative, ability to

learn, dependability, response to

supervision and instruction, safety and

care of equipment, ability to work with

others, and overall job proficiency. Any

exception to the work performance

evaluation procedures cited above

requires approval of the Assistant

Director, Correctional Programs

Division, Central Office.

(1) An inmate shall receive

performance pay only for those hours

during which the inmate is satisfactorily

performing work or is actively

participating in an education/vocational

program.

* * * * *

8. Section 545.28 is revised to read as

follows:

§ 545.28 Achievement awards.

(a) With prior approval of the

Education Department, each inmate

who completes the Literacy program,

Vocational Training, or related trades

classroom work that is part of a certified

apprenticeship program may be granted

an achievement award from

performance pay funds.

(b) With prior approval of the

Psychology Services Department, each

inmate who is making satisfactory

progress or completes a residential drug

treatment program may also be granted

an achievement award from

performance pay funds.

[FR Doc. 96–126 Filed 1–3–96; 8:45 am]

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