Bureau of Prisons, Justice.
In this document, the Bureau of Prisons (Bureau) revises its regulations on classification and program review to remove unnecessary regulations and to ensure that classification and program review procedures adequately address inmate needs.
This rule is effective July 24, 2006.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105, e-mail firstname.lastname@example.org.End Further Info End Preamble Start Supplemental Information
In this document, we revise and streamline the regulations regarding inmate classification and program review, which currently describe procedure, practice, and general statements of policy, to remove an unnecessary level of operational details with regard to the classification and program review process. A proposed rule on this subject was published on November 3, 2005 (70 FR 66814). Because we received no comments on the proposed rule, we now publish the final rule without substantive change.
For clarification, we make one minor change to § 524.11(d). Formerly, this paragraph stated that an inmate “may choose not to participate in an offered [work] program unless the program is a work assignment or required by Bureau policy, court order, or statute,” The repetition of similar terms, such as “work program” and “work assignment” may have been confusing. We therefore revise this paragraph to clarify that an inmate “must participate in this work assignment and any other program required by Bureau policy, court order, or statute,” but that an inmate “may choose not to participate in other voluntary programs.”
Details removed from the regulations will be addressed in our corresponding policy statement on the classification and review program. We do not, by this rule, intend to make any substantive changes to the current rules or to the classification and program review system. We merely intend to clarify and streamline the existing rules.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review”, section 1(b), Principles of Regulation. The Director, Bureau of Prisons has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget.
This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, under Executive Order 13132, we determine that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by approving it certifies that it will not have a significant economic impact upon a substantial number of small entities for the following reasons: This rule pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.Start List of Subjects
List of Subjects in 28 CFR Part 524End List of Subjects Start Signature
Harley G. Lappin,
Director, Bureau of Prisons.
Under rulemaking authority vested in the Attorney General inEnd Amendment Part
Subchapter B—Inmate Admission, Classification, and TransferStart Part
PART 524—CLASSIFICATION OF INMATESEnd Part Start Amendment Part
1. Revise the authority citation forEnd Amendment Part Start Amendment Part
2. Revise subpart B to read as follows:End Amendment Part
Subpart B—Classification and Program Review of Inmates
The purpose of this subpart is to explain the Bureau of Prisons (Bureau) process for classifying newly committed inmates and conducting program reviews for all inmates except:
(a) Pretrial inmates, covered in 28 CFR part 551; and
(b) Inmates committed for study and observation.
(1) Newly committed inmates will be classified within 28 calendar days of arrival at the institution designated for service of sentence.
(2) Inmates will receive a program review at least once every 180 calendar days. When an inmate is within twelve Start Printed Page 36008months of the projected release date, staff will conduct a program review at least once every 90 calendar days.
(b) Inmate appearance before classification team:
(1) Inmates will be notified at least 48 hours before that inmate's scheduled appearance before the classification team (whether for the initial classification or later program reviews).
(2) Inmates may submit a written waiver of the 48-hour notice requirement.
(3) The inmate is expected to attend the initial classification and all later program reviews. If the inmate refuses to appear at a scheduled meeting, staff must document on the Program Review Report the inmate's refusal and, if known, the reasons for refusal, and give a copy of this report to the inmate.
(c) Program Review Report: Staff must complete a Program Review Report at the inmate's initial classification. This report ordinarily includes information on the inmate's apparent needs and offers a correctional program designed to meet those needs. The Unit Manager and the inmate must sign the Program Review Report, and a copy must be given to the inmate.
(d) Work Programs: Each sentenced inmate who is physically and mentally able is assigned to a work program at initial classification. The inmate must participate in this work assignment and any other program required by Bureau policy, court order, or statute. The inmate may choose not to participate in other voluntary programs.
[FR Doc. E6-9829 Filed 6-22-06; 8:45 am]
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