Inmate Furloughs, 70696-70699 [E6-20612]
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70696
Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Proposed Rules
conditions for furlough are described in
more detail in the other regulations in
this subpart.
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
Proposed § 570.31
for Furloughs
[BOP Docket No.1144–P]
In this section we state that sentenced
inmates housed in Bureau facilities and
some pretrial inmates may be eligible
for furloughs. Sentenced inmates in
Bureau facilities who are classified as
central inmate monitoring cases may
only participate after complying with
other central inmate monitoring rules
found in Part 524, Subpart F.
We also state that sentenced inmates
in contract facilities are not eligible for
furloughs, but may apply for furloughs
as specified in that facility’s written
agreement with the Bureau. Also,
inmates who are U.S. Marshals
prisoners housed in contract facilities
are not eligible to participate, but must
direct any furlough requests to the U.S.
Marshals.
RIN 1120–AB44
Inmate Furloughs
Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: In this document, the Bureau
of Prisons (Bureau) proposes to revise
its Federal regulations on the inmate
furlough program primarily to more
clearly provide for and define transfer
furloughs.
Comments are due by February
5, 2007.
ADDRESSES: Our e-mail address is
BOPRULES@BOP.GOV. Comments
should be submitted to the Rules Unit,
Office of General Counsel, Bureau of
Prisons, 320 First Street, NW.,
Washington, DC 20534. You may view
an electronic version of this rule at
https://www.regulations.gov. You may
also comment via the Internet to BOP at
BOPRULES@BOP.GOV or by using the
https://www.regulations.gov comment
form for this regulation. When
submitting comments electronically you
must include the BOP Docket No. in the
subject box.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: The
Bureau proposes to revise its Federal
regulations on the inmate furlough
program primarily to more clearly
provide for and define transfer
furloughs. In the proposed rules, we
also seek to reorganize and clarify the
rules, while eliminating language that
constitutes agency guidance to staff.
Any such guidance language will be
retained in the relevant Bureau policy.
Below is an analysis of each new
proposed section.
DATES:
PWALKER on PRODPC60 with PROPOSALS
Proposed § 570.30
Purpose
This section states that these rules
describe the procedures governing the
Bureau’s furlough program, authorized
by 18 U.S.C. 3622. The current rule
contains language indicating that the
Bureau has a furlough program to help
inmates attain correctional goals, and
that a furlough is a privilege, but not a
right, reward, or means to shorten a
sentence. We remove this language
because the specific reasons for
furlough, eligibility requirements, and
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Proposed § 570.32
Inmate Eligibility
Types of Furloughs
This section defines a furlough as a
Warden-authorized absence from an
institution by an inmate who is not
under escort of a staff member, U.S.
Marshal, or State or Federal agents. The
two types of furloughs described by this
rule are transfer furloughs and nontransfer furloughs. Non-transfer
furloughs are further classified
depending on the purpose of the
furlough (emergency or routine), and
length (day or overnight). This section
more accurately defines furloughs than
current 570.31 (Definitions).
Proposed § 570.33
Furlough
Justification for
This section describes the reasons that
the Warden or designee may authorize
a furlough. This section is derived from
current 570.32 (Justification for
furlough). Provisions in current 570.32
relating solely to staff guidance have
been removed.
Proposed § 570.34
Furlough
Expenses of
This section states that all expenses of
a furlough are the responsibility of the
inmate, the inmate’s family, or other
appropriate source approved by the
Warden, except that the government
may bear the expense of a furlough if it
is for the government’s primary benefit.
This section derives from current
570.33. Language in current 570.33
relating to transfer to community
confinement has been removed from the
proposed rule because transfer
furloughs will be described in proposed
570.35.
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Proposed § 570.35 Transfer Furlough
Eligibility Requirements
This section states that inmates
transferring to administrative, low,
medium, or high security facilities are
generally not eligible for participation in
the Bureau’s transfer furlough program.
This section also describes eligibility
requirements for a transfer furlough, and
derives from current 570.34 (a)–(d)
(Eligibility requirements). Language
relating solely to staff guidance in
current 570.34 is removed from this
proposed rule.
This section also more clearly
describes specific eligibility
requirements for specific types of
transfer furloughs. Inmates transferring
to minimum security facilities must be
transferring from a low or minimum
security facility and must be appropriate
for placement in a minimum security
facility based on the inmate’s security
designation and custody classification at
the time of transfer. Inmates transferring
to community confinement must also be
appropriate for placement in
community confinement based on the
security designation and custody
classification at the time of transfer.
Proposed § 570.36 Non-Transfer
Furlough Eligibility Requirements
This section contains a chart which
clarifies the eligibility requirements for
non-transfer furloughs. The chart in this
section derives from current 570.34 (d)–
(e), which describes the types of nontransfer furloughs an inmate may be
eligible for, based on the inmate’s length
of confinement or time remaining on the
inmate’s sentence.
This section also describes
circumstances under which Wardens
will ordinarily deny non-transfer
furloughs. This section derives from
current § 570.35. Language in current
§ 570.35 relating solely to staff guidance
and processing instructions has been
removed from the proposed rule.
Proposed § 570.37 Procedures for
Applying for a Furlough
This section describes how an inmate
may apply for a furlough, how the
inmate will be notified of the Warden’s
decision on the furlough application,
and how to appeal the decision. This
section derives from current 570.36(a)–
(c)(Procedures).
Proposed § 570.38 Conditions of
Furlough
This section derives from a form
contained in current 570.36(d) and from
language in 570.37 (Violation of
furlough). The form will be retained in
relevant policy documents and will
continue to be used by staff and
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Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Proposed Rules
inmates. This proposed rule lists the
conditions of furlough described in the
current rule, and states that an inmate
must agree to comply with these
conditions before a furlough can be
approved.
Executive Order 12866
This rule falls within a category of
actions that the Office of Management
and Budget (OMB) has determined not
to constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order 12866 and, accordingly, it was
not reviewed by OMB.
The Bureau has assessed the costs and
benefits of this rule as required by
Executive Order 12866 Section 1(b)(6)
and has made a reasoned determination
that the benefits of this rule justify its
costs. This rule will provide a more
accurate description of the inmate
furlough program. There will be no new
costs associated with this rulemaking.
Executive Order 13132
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.
PWALKER on PRODPC60 with PROPOSALS
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.
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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 foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 570
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Accordingly, under rulemaking
authority vested in the Attorney General
in 5 U.S.C. 301; 28 U.S.C. 509, 510 and
delegated to the Director, Bureau of
Prisons in 28 CFR 0.96, we are
proposing to amend 28 CFR part 570 as
set forth below.
Subchapter D—Community Programs
and Release
PART 570—COMMUNITY PROGRAMS
1. The authority citation for 28 CFR
part 570 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751,
3621, 3622, 3624, 4001, 4042, 4081, 4082
(Repealed in part as to offenses committed on
or after November 1, 1987), 4161–4166,
5006–5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28
U.S.C. 509, 510.
2. Revise part 570, subpart C, to read
as follows:
Subpart C—Furloughs
Sec.
570.30 Purpose.
570.31 Inmate eligibility for furloughs.
570.32 Types of furloughs.
570.33 Justification for furlough.
570.34 Expenses of furlough.
570.35 Transfer furlough eligibility
requirements.
570.36 Non-transfer furlough eligibility
requirements.
570.37 Procedures to apply for a furlough.
570.38 Conditions of Furlough.
§ 570.30
Purpose.
The purpose of this subpart is to
describe the procedures governing the
furlough program of the Federal Bureau
of Prisons (Bureau), which is authorized
by 18 U.S.C. 3622. Under the furlough
program, the Bureau allows inmates
who meet certain requirements to be
temporarily released from custody
under carefully prescribed conditions.
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§ 570.31
70697
Inmate eligibility for furloughs.
(a) Eligible inmates. The following
types of inmates may be eligible for
furloughs:
(1) Sentenced inmates housed in
Bureau facilities.
(2) Pretrial inmates housed in Bureau
facilities (provided that they comply
with the requirements of 28 CFR part
551, Subpart J).
(3) Sentenced inmates housed in
Bureau facilities and classified as
central inmate monitoring cases
(provided that they comply with the
requirements of 28 CFR part 524,
Subpart F).
(b) Ineligible inmates. The following
types of inmates are not eligible for
furloughs:
(1) Sentenced inmates housed in
contract facilities are not eligible to
participate in the Bureau’s furlough
program under these rules, but may
apply for furloughs as specified in that
facility’s written agreement with the
Bureau.
(2) Inmates who are U.S. Marshals
prisoners housed in contract facilities
are not eligible to participate, but must
direct any furlough requests to the U.S.
Marshals.
§ 570.32
Types of furloughs.
A furlough is an authorized absence
from an institution by an inmate who is
not under escort of a staff member, U.S.
Marshal, or State or Federal agents. The
two types of furloughs are:
(a) Transfer furlough—A furlough for
the purpose of transferring an inmate
from one Bureau facility to another, a
non-federal facility, or community
confinement (including home
confinement) as noted below at
§ 570.33(a).
(b) Non-transfer furlough—A furlough
for any purpose other than a transfer
furlough, and which may be defined
based on its nature, as either emergency
or routine, as follows:
(1) Emergency furlough—A furlough
allowing an inmate to address a family
crisis or other urgent situation as noted
below at § 570.33(b).
(2) Routine furlough—A furlough for
any of the reasons noted below at
§ 570.33(a) and (c)–(j).
(c) Duration and distance of nontransfer furlough:
(1) Day furlough—A furlough within
the geographic limits of the commuting
area of the institution, which lasts 16
hours or less and ends before midnight.
(2) Overnight furlough—A furlough
which falls outside the criteria of a day
furlough.
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§ 570.33
Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Proposed Rules
Justification for furlough.
The Warden or designee may
authorize a furlough, for 30 calendar
days or less, for an inmate to:
(a) Transfer directly to another Bureau
institution, a non-federal facility, or
community confinement;
(b) Be present during a crisis in the
immediate family, or in other urgent
situations;
(c) Participate in the development of
release plans;
(d) Establish or reestablish family and
community ties;
(e) Participate in selected educational,
social, civic, and religious activities
which will facilitate release transition;
(f) Appear in court in connection with
a civil action;
(g) Comply with an official request to
appear before a grand jury, or to comply
with a request from a legislative body,
or regulatory or licensing agency;
(h) Appear in or prepare for a criminal
court proceeding, but only when the use
of a furlough is requested or
recommended by the applicable court or
prosecuting attorney;
(i) Participate in special training
courses or in institution work
assignments, including Federal Prison
Industries (FPI) work assignments,
when daily commuting from the
institution is not feasible; or
(j) Receive necessary medical,
surgical, psychiatric, or dental treatment
not otherwise available.
§ 570.34
Expenses of furlough.
All expenses of a furlough, including
transportation, food, lodging, and
incidentals, are the responsibility of the
inmate, the inmate’s family, or other
appropriate source approved by the
Warden, except that the government
may bear the expense of a furlough if it
is for the government’s primary benefit.
§ 570.35 Transfer furlough eligibility
requirements.
(a) Inmates transferring to
administrative, low, medium, or high
security facilities are generally not
eligible for participation in the Bureau’s
transfer furlough program.
(b) For a transfer furlough, inmates
other than those described in (a) must:
(1) Be physically and mentally
capable of completing the furlough; and
(2) Demonstrate sufficient
responsibility to provide reasonable
assurance that furlough requirements
will be met.
(c) Inmates transferring to minimum
security facilities must meet the
requirements described in (b), and must
also be:
(1) Transferring from a low or
minimum security facility; and
(2) Appropriate for placement in a
minimum security facility based on the
inmate’s security designation and
custody classification at the time of
transfer.
(d) Inmates transferring to community
confinement must meet the
requirements described in (b), and must
also be appropriate for placement in
community confinement based on the
inmate’s security designation and
custody classification at the time of
transfer.
§ 570.36 Non-transfer furlough eligibility
requirements.
(a) An inmate may be eligible for a
non-transfer furlough if the inmate
meets the criteria described in 570.35(b)
and the following additional criteria:
If an inmate has . . .
Then the inmate may only be considered for . . .
Been confined at the initially designated institution for less than 90
days.
More than two years remaining until the projected release date ............
2 years or less remaining until the projected release date ......................
18 months or less remaining until the projected release date .................
1 year or less remaining until the projected release date .......................
An emergency non-transfer furlough.
(b) Ordinarily, Wardens will not grant
a furlough to an inmate if:
(1) The inmate is convicted of a
serious crime against a person;
(2) The inmate’s presence in the
community could attract undue public
attention, create unusual concern, or
diminish the seriousness of the offense;
or
(3) The inmate has been granted a
furlough in the past 90 days.
PWALKER on PRODPC60 with PROPOSALS
§ 570.37 Procedures to apply for a
furlough.
(a) Application. Inmates may submit a
furlough application to staff, who will
review it for compliance with these
regulations and Bureau policy.
(b) Notification of decision. An inmate
will be notified of the Warden’s
decision on the furlough application.
Where a furlough application is denied,
the inmate will be notified of the
reasons for the denial.
(c) Appeal. An inmate may appeal any
aspect of the furlough program through
the Administrative Remedy Program, 28
CFR Part 542, Subpart B.
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§ 570.38
An emergency non-transfer furlough.
A routine day furlough.
A routine overnight furlough within the institution’s commuting area.
A routine overnight furlough outside the institution’s commuting area.
Conditions of furlough.
(a) An inmate who violates the
conditions of a furlough may be
considered an escapee under 18 U.S.C.
4082 or 18 U.S.C. 751, and may be
subject to criminal prosecution and
institution disciplinary action.
(b) A furlough will only be approved
if an inmate agrees to the following
conditions and understands that, while
on furlough, he/she:
(1) Remains in the legal custody of the
U.S. Attorney General, in service of a
term of imprisonment;
(2) Is subject to prosecution for escape
if he/she fails to return to the institution
at the designated time;
(3) Is subject to institution
disciplinary action, arrest, and criminal
prosecution for violating any
conditions(s) of the furlough;
(4) May be thoroughly searched and
given a urinalysis, breathalyzer, and
other comparable test, during the
furlough or upon return to the
institution, and must prepay the cost of
such test(s) if the inmate or family
members are paying the other costs of
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the furlough. The inmate must preauthorize all testing fee(s) to be
withdrawn directly from his/her inmate
deposit fund account; and
(5) Must contact the institution (or
United States Probation Officer) in the
event of arrest, or any other serious
difficulty or illness.
(c) While on furlough, the inmate
must not:
(1) Violate the laws of any jurisdiction
(Federal, State, or local);
(2) Leave the area of his/her furlough
without permission, except for traveling
to the furlough destination, and
returning to the institution;
(3) Purchase, sell, possess, use,
consume, or administer any narcotic
drugs, marijuana, alcohol, or intoxicants
in any form, or frequent any place
where such articles are unlawfully sold,
dispensed, used, or given away;
(4) Use medication that is not
prescribed and given to the inmate by
the institution medical department or a
licensed physician;
(5) Have any medical/dental/surgical/
psychiatric treatment without staff’s
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written permission, unless there is an
emergency. Upon return to the
institution, the inmate must notify
institution staff if he/she received any
prescribed medication or treatment in
the community for an emergency;
(6) Possess any firearm or other
dangerous weapon;
(7) Get married, sign any legal papers,
contracts, loan applications, or conduct
any business without staff’s written
permission;
(8) Associate with persons having a
criminal record or with persons who the
inmate knows to be engaged in illegal
activities without staff’s written
permission;
(9) Drive a motor vehicle without
staff’s written permission, which can
only be obtained if the inmate has proof
of a currently valid drivers license and
proof of appropriate insurance;
(10) Return from furlough with
anything the inmate did not take out
with him/her (for example, clothing,
jewelry, or books); or
(11) Comply with any other special
instructions given by the institution.
[FR Doc. E6–20612 Filed 12–5–06; 8:45 am]
BILLING CODE 4410–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0545; FRL–8251–6]
Approval and Promulgation of
Implementation Plans; Ohio; Volatile
Organic Compound Emission Control
Measures for Cincinnati and Dayton
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
PWALKER on PRODPC60 with PROPOSALS
AGENCY:
SUMMARY: On May 9, 2006, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted several volatile organic
compound (VOC) rules for approval into
the State Implementation Plan (SIP).
The primary purpose of the rules is to
partially replace the VOC reductions
from Ohio’s vehicle inspection and
maintenance (E-Check) program (which
ended on December 31, 2005) in the
Cincinnati and Dayton areas. These
replacement rules include a provision
requiring the use of lower emitting
solvents in cold cleaner degreasers, the
use of more efficient auto refinishing
painting application techniques and a
rule requiring the use of lower emitting
portable fuel containers. These rules are
approvable because they contain more
stringent requirements than Ohio’s
existing rules and they are enforceable.
VerDate Aug<31>2005
16:05 Dec 05, 2006
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Ohio has correctly calculated their VOC
emission reduction impact. EPA is also
approving several other rule revisions,
all of which meet EPA requirements,
including an exemption for its printing
rules, a site-specific rule for an aerosol
can filling facility, elimination of the
fluid catalytic cracking unit limitations
for a Marathon Petroleum LLC facility,
and an alternative leak detection and
repair program for the Premcor Lima
Refinery.
Comments must be received on
or before January 5, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0545, by one of the
following methods:
• www.regulations.gov: Follow the
online instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2006–
0545. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
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protected through www.regulations.gov
or e-mail. The www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
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body of your comment. If you send an
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going through www.regulations.gov
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
DATES:
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70699
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional instructions
on submitting comments, go to Section
I of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Steven Rosenthal at (312)
886–6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My
Comments for EPA?
II. What Action Is EPA Taking Today?
III. What Is the Purpose of This Action?
IV. What Is EPA’s Analysis of Ohio’s
Submitted VOC Rules?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
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]]>Agencies
[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Proposed Rules]
[Pages 70696-70699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20612]
[[Page 70696]]
=======================================================================
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
[BOP Docket No.1144-P]
RIN 1120-AB44
Inmate Furloughs
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to
revise its Federal regulations on the inmate furlough program primarily
to more clearly provide for and define transfer furloughs.
DATES: Comments are due by February 5, 2007.
ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. Comments should be
submitted to the Rules Unit, Office of General Counsel, Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an
electronic version of this rule at https://www.regulations.gov. You may
also comment via the Internet to BOP at BOPRULES@BOP.GOV or by using
the https://www.regulations.gov comment form for this regulation. When
submitting comments electronically you must include the BOP Docket No.
in the subject box.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION: The Bureau proposes to revise its Federal
regulations on the inmate furlough program primarily to more clearly
provide for and define transfer furloughs. In the proposed rules, we
also seek to reorganize and clarify the rules, while eliminating
language that constitutes agency guidance to staff. Any such guidance
language will be retained in the relevant Bureau policy. Below is an
analysis of each new proposed section.
Proposed Sec. 570.30 Purpose
This section states that these rules describe the procedures
governing the Bureau's furlough program, authorized by 18 U.S.C. 3622.
The current rule contains language indicating that the Bureau has a
furlough program to help inmates attain correctional goals, and that a
furlough is a privilege, but not a right, reward, or means to shorten a
sentence. We remove this language because the specific reasons for
furlough, eligibility requirements, and conditions for furlough are
described in more detail in the other regulations in this subpart.
Proposed Sec. 570.31 Inmate Eligibility for Furloughs
In this section we state that sentenced inmates housed in Bureau
facilities and some pretrial inmates may be eligible for furloughs.
Sentenced inmates in Bureau facilities who are classified as central
inmate monitoring cases may only participate after complying with other
central inmate monitoring rules found in Part 524, Subpart F.
We also state that sentenced inmates in contract facilities are not
eligible for furloughs, but may apply for furloughs as specified in
that facility's written agreement with the Bureau. Also, inmates who
are U.S. Marshals prisoners housed in contract facilities are not
eligible to participate, but must direct any furlough requests to the
U.S. Marshals.
Proposed Sec. 570.32 Types of Furloughs
This section defines a furlough as a Warden-authorized absence from
an institution by an inmate who is not under escort of a staff member,
U.S. Marshal, or State or Federal agents. The two types of furloughs
described by this rule are transfer furloughs and non-transfer
furloughs. Non-transfer furloughs are further classified depending on
the purpose of the furlough (emergency or routine), and length (day or
overnight). This section more accurately defines furloughs than current
570.31 (Definitions).
Proposed Sec. 570.33 Justification for Furlough
This section describes the reasons that the Warden or designee may
authorize a furlough. This section is derived from current 570.32
(Justification for furlough). Provisions in current 570.32 relating
solely to staff guidance have been removed.
Proposed Sec. 570.34 Expenses of Furlough
This section states that all expenses of a furlough are the
responsibility of the inmate, the inmate's family, or other appropriate
source approved by the Warden, except that the government may bear the
expense of a furlough if it is for the government's primary benefit.
This section derives from current 570.33. Language in current 570.33
relating to transfer to community confinement has been removed from the
proposed rule because transfer furloughs will be described in proposed
570.35.
Proposed Sec. 570.35 Transfer Furlough Eligibility Requirements
This section states that inmates transferring to administrative,
low, medium, or high security facilities are generally not eligible for
participation in the Bureau's transfer furlough program. This section
also describes eligibility requirements for a transfer furlough, and
derives from current 570.34 (a)-(d) (Eligibility requirements).
Language relating solely to staff guidance in current 570.34 is removed
from this proposed rule.
This section also more clearly describes specific eligibility
requirements for specific types of transfer furloughs. Inmates
transferring to minimum security facilities must be transferring from a
low or minimum security facility and must be appropriate for placement
in a minimum security facility based on the inmate's security
designation and custody classification at the time of transfer. Inmates
transferring to community confinement must also be appropriate for
placement in community confinement based on the security designation
and custody classification at the time of transfer.
Proposed Sec. 570.36 Non-Transfer Furlough Eligibility Requirements
This section contains a chart which clarifies the eligibility
requirements for non-transfer furloughs. The chart in this section
derives from current 570.34 (d)-(e), which describes the types of non-
transfer furloughs an inmate may be eligible for, based on the inmate's
length of confinement or time remaining on the inmate's sentence.
This section also describes circumstances under which Wardens will
ordinarily deny non-transfer furloughs. This section derives from
current Sec. 570.35. Language in current Sec. 570.35 relating solely
to staff guidance and processing instructions has been removed from the
proposed rule.
Proposed Sec. 570.37 Procedures for Applying for a Furlough
This section describes how an inmate may apply for a furlough, how
the inmate will be notified of the Warden's decision on the furlough
application, and how to appeal the decision. This section derives from
current 570.36(a)-(c)(Procedures).
Proposed Sec. 570.38 Conditions of Furlough
This section derives from a form contained in current 570.36(d) and
from language in 570.37 (Violation of furlough). The form will be
retained in relevant policy documents and will continue to be used by
staff and
[[Page 70697]]
inmates. This proposed rule lists the conditions of furlough described
in the current rule, and states that an inmate must agree to comply
with these conditions before a furlough can be approved.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB.
The Bureau has assessed the costs and benefits of this rule as
required by Executive Order 12866 Section 1(b)(6) and has made a
reasoned determination that the benefits of this rule justify its
costs. This rule will provide a more accurate description of the inmate
furlough program. There will be no new costs associated with this
rulemaking.
Executive Order 13132
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 Sec. 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.
List of Subjects in 28 CFR Part 570
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Accordingly, under rulemaking authority vested in the Attorney
General in 5 U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons in 28 CFR 0.96, we are proposing to amend
28 CFR part 570 as set forth below.
Subchapter D--Community Programs and Release
PART 570--COMMUNITY PROGRAMS
1. The authority citation for 28 CFR part 570 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001,
4042, 4081, 4082 (Repealed in part as to offenses committed on or
after November 1, 1987), 4161-4166, 5006-5024 (Repealed October 12,
1984 as to offenses committed after that date), 5039; 28 U.S.C. 509,
510.
2. Revise part 570, subpart C, to read as follows:
Subpart C--Furloughs
Sec.
570.30 Purpose.
570.31 Inmate eligibility for furloughs.
570.32 Types of furloughs.
570.33 Justification for furlough.
570.34 Expenses of furlough.
570.35 Transfer furlough eligibility requirements.
570.36 Non-transfer furlough eligibility requirements.
570.37 Procedures to apply for a furlough.
570.38 Conditions of Furlough.
Sec. 570.30 Purpose.
The purpose of this subpart is to describe the procedures governing
the furlough program of the Federal Bureau of Prisons (Bureau), which
is authorized by 18 U.S.C. 3622. Under the furlough program, the Bureau
allows inmates who meet certain requirements to be temporarily released
from custody under carefully prescribed conditions.
Sec. 570.31 Inmate eligibility for furloughs.
(a) Eligible inmates. The following types of inmates may be
eligible for furloughs:
(1) Sentenced inmates housed in Bureau facilities.
(2) Pretrial inmates housed in Bureau facilities (provided that
they comply with the requirements of 28 CFR part 551, Subpart J).
(3) Sentenced inmates housed in Bureau facilities and classified as
central inmate monitoring cases (provided that they comply with the
requirements of 28 CFR part 524, Subpart F).
(b) Ineligible inmates. The following types of inmates are not
eligible for furloughs:
(1) Sentenced inmates housed in contract facilities are not
eligible to participate in the Bureau's furlough program under these
rules, but may apply for furloughs as specified in that facility's
written agreement with the Bureau.
(2) Inmates who are U.S. Marshals prisoners housed in contract
facilities are not eligible to participate, but must direct any
furlough requests to the U.S. Marshals.
Sec. 570.32 Types of furloughs.
A furlough is an authorized absence from an institution by an
inmate who is not under escort of a staff member, U.S. Marshal, or
State or Federal agents. The two types of furloughs are:
(a) Transfer furlough--A furlough for the purpose of transferring
an inmate from one Bureau facility to another, a non-federal facility,
or community confinement (including home confinement) as noted below at
Sec. 570.33(a).
(b) Non-transfer furlough--A furlough for any purpose other than a
transfer furlough, and which may be defined based on its nature, as
either emergency or routine, as follows:
(1) Emergency furlough--A furlough allowing an inmate to address a
family crisis or other urgent situation as noted below at Sec.
570.33(b).
(2) Routine furlough--A furlough for any of the reasons noted below
at Sec. 570.33(a) and (c)-(j).
(c) Duration and distance of non-transfer furlough:
(1) Day furlough--A furlough within the geographic limits of the
commuting area of the institution, which lasts 16 hours or less and
ends before midnight.
(2) Overnight furlough--A furlough which falls outside the criteria
of a day furlough.
[[Page 70698]]
Sec. 570.33 Justification for furlough.
The Warden or designee may authorize a furlough, for 30 calendar
days or less, for an inmate to:
(a) Transfer directly to another Bureau institution, a non-federal
facility, or community confinement;
(b) Be present during a crisis in the immediate family, or in other
urgent situations;
(c) Participate in the development of release plans;
(d) Establish or reestablish family and community ties;
(e) Participate in selected educational, social, civic, and
religious activities which will facilitate release transition;
(f) Appear in court in connection with a civil action;
(g) Comply with an official request to appear before a grand jury,
or to comply with a request from a legislative body, or regulatory or
licensing agency;
(h) Appear in or prepare for a criminal court proceeding, but only
when the use of a furlough is requested or recommended by the
applicable court or prosecuting attorney;
(i) Participate in special training courses or in institution work
assignments, including Federal Prison Industries (FPI) work
assignments, when daily commuting from the institution is not feasible;
or
(j) Receive necessary medical, surgical, psychiatric, or dental
treatment not otherwise available.
Sec. 570.34 Expenses of furlough.
All expenses of a furlough, including transportation, food,
lodging, and incidentals, are the responsibility of the inmate, the
inmate's family, or other appropriate source approved by the Warden,
except that the government may bear the expense of a furlough if it is
for the government's primary benefit.
Sec. 570.35 Transfer furlough eligibility requirements.
(a) Inmates transferring to administrative, low, medium, or high
security facilities are generally not eligible for participation in the
Bureau's transfer furlough program.
(b) For a transfer furlough, inmates other than those described in
(a) must:
(1) Be physically and mentally capable of completing the furlough;
and
(2) Demonstrate sufficient responsibility to provide reasonable
assurance that furlough requirements will be met.
(c) Inmates transferring to minimum security facilities must meet
the requirements described in (b), and must also be:
(1) Transferring from a low or minimum security facility; and
(2) Appropriate for placement in a minimum security facility based
on the inmate's security designation and custody classification at the
time of transfer.
(d) Inmates transferring to community confinement must meet the
requirements described in (b), and must also be appropriate for
placement in community confinement based on the inmate's security
designation and custody classification at the time of transfer.
Sec. 570.36 Non-transfer furlough eligibility requirements.
(a) An inmate may be eligible for a non-transfer furlough if the
inmate meets the criteria described in 570.35(b) and the following
additional criteria:
------------------------------------------------------------------------
Then the inmate may only be
If an inmate has . . . considered for . . .
------------------------------------------------------------------------
Been confined at the initially An emergency non-transfer
designated institution for less than furlough.
90 days.
More than two years remaining until the An emergency non-transfer
projected release date. furlough.
2 years or less remaining until the A routine day furlough.
projected release date.
18 months or less remaining until the A routine overnight furlough
projected release date. within the institution's
commuting area.
1 year or less remaining until the A routine overnight furlough
projected release date. outside the institution's
commuting area.
------------------------------------------------------------------------
(b) Ordinarily, Wardens will not grant a furlough to an inmate if:
(1) The inmate is convicted of a serious crime against a person;
(2) The inmate's presence in the community could attract undue
public attention, create unusual concern, or diminish the seriousness
of the offense; or
(3) The inmate has been granted a furlough in the past 90 days.
Sec. 570.37 Procedures to apply for a furlough.
(a) Application. Inmates may submit a furlough application to
staff, who will review it for compliance with these regulations and
Bureau policy.
(b) Notification of decision. An inmate will be notified of the
Warden's decision on the furlough application. Where a furlough
application is denied, the inmate will be notified of the reasons for
the denial.
(c) Appeal. An inmate may appeal any aspect of the furlough program
through the Administrative Remedy Program, 28 CFR Part 542, Subpart B.
Sec. 570.38 Conditions of furlough.
(a) An inmate who violates the conditions of a furlough may be
considered an escapee under 18 U.S.C. 4082 or 18 U.S.C. 751, and may be
subject to criminal prosecution and institution disciplinary action.
(b) A furlough will only be approved if an inmate agrees to the
following conditions and understands that, while on furlough, he/she:
(1) Remains in the legal custody of the U.S. Attorney General, in
service of a term of imprisonment;
(2) Is subject to prosecution for escape if he/she fails to return
to the institution at the designated time;
(3) Is subject to institution disciplinary action, arrest, and
criminal prosecution for violating any conditions(s) of the furlough;
(4) May be thoroughly searched and given a urinalysis,
breathalyzer, and other comparable test, during the furlough or upon
return to the institution, and must prepay the cost of such test(s) if
the inmate or family members are paying the other costs of the
furlough. The inmate must pre-authorize all testing fee(s) to be
withdrawn directly from his/her inmate deposit fund account; and
(5) Must contact the institution (or United States Probation
Officer) in the event of arrest, or any other serious difficulty or
illness.
(c) While on furlough, the inmate must not:
(1) Violate the laws of any jurisdiction (Federal, State, or
local);
(2) Leave the area of his/her furlough without permission, except
for traveling to the furlough destination, and returning to the
institution;
(3) Purchase, sell, possess, use, consume, or administer any
narcotic drugs, marijuana, alcohol, or intoxicants in any form, or
frequent any place where such articles are unlawfully sold, dispensed,
used, or given away;
(4) Use medication that is not prescribed and given to the inmate
by the institution medical department or a licensed physician;
(5) Have any medical/dental/surgical/psychiatric treatment without
staff's
[[Page 70699]]
written permission, unless there is an emergency. Upon return to the
institution, the inmate must notify institution staff if he/she
received any prescribed medication or treatment in the community for an
emergency;
(6) Possess any firearm or other dangerous weapon;
(7) Get married, sign any legal papers, contracts, loan
applications, or conduct any business without staff's written
permission;
(8) Associate with persons having a criminal record or with persons
who the inmate knows to be engaged in illegal activities without
staff's written permission;
(9) Drive a motor vehicle without staff's written permission, which
can only be obtained if the inmate has proof of a currently valid
drivers license and proof of appropriate insurance;
(10) Return from furlough with anything the inmate did not take out
with him/her (for example, clothing, jewelry, or books); or
(11) Comply with any other special instructions given by the
institution.
[FR Doc. E6-20612 Filed 12-5-06; 8:45 am]
BILLING CODE 4410-05-P
