20 June 1997 Source: http://www.access.gpo.gov/su_docs/aces/aces140.html ----------------------------------------------------------------------- [Federal Register: May 17, 1996 (Volume 61, Number 97)] [Rules and Regulations] [Page 25119-25121] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17my96-19] [[Page 25119]] _______________________________________________________________________ Part VI Department of Justice _______________________________________________________________________ Bureau of Prisons _______________________________________________________________________ 28 CFR Parts 501 and 550 Scope of Rules: Prevention of Acts of Violence and Terrorism and Drug Abuse Treatment Programs: Early Release Consideration; Final Rules [[Page 25120]] 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: Sec. 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 [[Page 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