25120 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 501

[BOP–1059–I]

RIN 1120–AA54

Scope of Rules: Prevention of Acts of

Violence and Terrorism

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This document amends

Bureau of Prisons regulations on

institutional management with respect

to special administrative measures that

may be necessary to prevent acts of

violence and terrorism that may be

caused by contacts with certain inmates.

The affected inmate must be notified in

writing as promptly as possible of the

restrictions to be imposed. Restrictions

may be imposed initially for up to 120

days, and may be extended in further

increments of 120 days only upon

additional written notification that the

circumstances identified in the original

certification continue to exist.

DATES: This rule shall take effect May

17, 1996; comments must be submitted

by 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 (‘‘Bureau’’) is

adopting interim regulations on the

correctional management of inmates

whose contacts with other persons

present the potential for acts of violence

and terrorism. Under these interim

regulations, the Warden may implement

administrative measures that are

reasonably necessary to protect the

public against such acts. Application of

these measures is likely to affect only a

minute portion of the inmate

population; those inmates for whom

there is an identified concern that the

inmate’s communications with other

persons could serve as an

instrumentality for acts of violence and

terrorism. These measures will be

subject to strict controls, as their

implementation may occur only upon

written notification by the Attorney

General, the head of a federal law

enforcement agency, or the head of a

member agency of the United States

intelligence community, that there is a

substantial risk that a prisoner’s

communications or contacts with

persons could result in death or serious

bodily injury to persons, or substantial

damage to property that would entail

the risk of death or serious bodily injury

to persons.

It is not the intention of the Bureau

that the restrictions imposed in these

special cases routinely include complete

curtailment of privileges. An inmate

upon whom these special restrictions

are imposed is entitled to notification in

writing of the imposed restrictions and

the basis for the restrictions. The

affected inmate may appeal imposition

of restrictions ordered under this

section through the Bureau’s

Administrative Remedy Program, 28

CFR part 542.

The Bureau is publishing this

regulation as an interim rule under the

‘‘good cause’’ provision of 5 U.S.C.

553(b) in order to protect the public

interest and to protect against the risk of

acts of violence and terrorism. 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.

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 economic impact on a

substantial number of small entities.

This rule will not have substantial

direct effects on the states, on the

relationship between the national

government and the states, or the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of E.O. 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

List of Subjects in 28 CFR Part 501

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 501 in

subchapter A of 28 CFR, chapter V is

amended as set forth below:

SUBCHAPTER A—GENERAL

MANAGEMENT AND ADMINISTRATION

PART 501—SCOPE OF RULES

1. The authority citation for 28 CFR

part 501 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), 4161–4166 (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; 28 U.S.C. 509, 510; 28 CFR 0.95–

0.99.

2. Section 501.3 is added to part 501

to read as follows:

§ 501.3 Prevention of acts of violence and

terrorism.

(a) Upon direction of the Attorney

General, the Director, Bureau of Prisons,

may authorize the Warden to implement

special administrative procedures that

are reasonably necessary to protect

persons against the risk of death or

serious bodily injury. These procedures

may be implemented upon written

notification to the Director, Bureau of

Prisons, by the Attorney General or, at

the Attorney General’s direction, by the

head of a federal law enforcement

agency, or the head of a member agency

of the United States intelligence

community, that there is a substantial

risk that a prisoner’s communications or

contacts with persons could result in

death or serious bodily injury to

persons, or substantial damage to

property that would entail the risk of

death or serious bodily injury to

persons. These special administrative

measures ordinarily may include

housing the inmate in administrative

detention and/or limiting certain

privileges, including, but not limited to,

correspondence, visiting, interviews

with representatives of the news media,

and use of the telephone, as is

reasonably necessary to protect persons

against the risk of acts of violence or

terrorism. The authority of the Director

under this paragraph may not be

delegated below the level of Acting

Director.

(b) Designated staff shall provide to

the affected inmate, as soon as

practicable, written notification of the

restrictions imposed and the basis for

these restrictions. The notice’s

statement as to the basis may be limited

in the interest of prison security or

safety or to protect against acts of

violence or terrorism. The inmate shall

sign for and receive a copy of the

notification.

(c) Initial placement of an inmate in

administrative detention and/or any

limitation of the inmate’s privileges in
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,