Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations 25121

accordance with paragraph (a) of this

section may be imposed for up to 120

days. Special restrictions imposed in

accordance with paragraph (a) of this

section may be extended thereafter by

the Director, Bureau of Prisons, in 120-

day increments upon receipt by the

Director of additional written

notification from the Attorney General,

or, at the Attorney General’s direction,

from the head of a federal law

enforcement agency, or the head of a

member agency of the United States

intelligence community, that the

circumstances identified in the original

notification continue to exist. The

authority of the Director under this

paragraph may not be delegated below

the level of Acting Director.

(d) The affected inmate may seek

review of any special restrictions

imposed in accordance with paragraph

(a) of this section through the

Administrative Remedy Program, 28

CFR part 542.

[FR Doc. 96–12473 Filed 5–16–96; 8:45 am]

BILLING CODE 4410–05–P

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.

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 communitybased 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 communitybased 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 communitybased 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 communitybased 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,
25122 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations

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 § 550.58, the introductory text

and paragraphs (a)(1)(iii) and (a)(2)(i)

are revised to read as follows:

§ 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 communitybased 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]

BILLING CODE 4410–05–P