20 June 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[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.

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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
