Inmate Furloughs, 1516-1519 [2011-281]
Download as PDF
<![CDATA[
1516
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
2010). Additional provisions applicable
to Form N–SAR filers are set forth in the
EDGAR Filer Manual, Volume III: ‘‘N–
SAR Supplement,’’ Version 1
(September 2005). All of these
provisions have been incorporated by
reference into the Code of Federal
Regulations, which action was approved
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You must comply with
these requirements in order for
documents to be timely received and
accepted. You can obtain paper copies
of the EDGAR Filer Manual from the
following address: Public Reference
Room, U.S. Securities and Exchange
Commission, 100 F Street, NE., Room
1543, Washington, DC 20549, on official
business days between the hours of
10 a.m and 3 p.m. Electronic copies are
available on the Commission’s Web site.
The address for the Filer Manual is
https://www.sec.gov/info/edgar.shtml.
You can also inspect the document at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
By the Commission.
Dated: January 5, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–378 Filed 1–10–11; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
[BOP Docket No. 1144–F]
RIN 1120–AB44
Inmate Furloughs
Bureau of Prisons, Justice.
Final rule.
AGENCY:
ACTION:
In this document, the Bureau
of Prisons (Bureau) revises its federal
regulations on the inmate furlough
program primarily to more clearly
provide for and define transfer
furloughs. Also, under this rule, the
Bureau is expanding the authority of its
Wardens to consider all inmates
potentially eligible for non-transfer
furloughs, as opposed to the current
rule, which limits consideration to
inmates with community custody status.
DATES: This rule is effective on February
10, 2011.
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:00 Jan 10, 2011
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: The
Bureau revises its federal regulations on
the inmate furlough program primarily
to more clearly provide for and define
transfer furloughs. Through this change,
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.
Also, under this rule, the Bureau is
expanding the authority of its Wardens
to consider all inmates potentially
eligible for non-transfer furloughs, as
opposed to the current rule, which
limits consideration to inmates with
community custody status.
A proposed rule on this subject was
published on December 6, 2006 (71 FR
70696). We received three comments,
which we respond to below.
Payment for Urinalysis, Breathalyzer,
and Other Comparable Tests Upon
Return From Furlough
Section 570.38(b)(4) of the proposed
rule stated that a furlough will only be
approved if an inmate agrees to certain
conditions, including the condition that
the inmate 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.’’ Further, this regulation
provides that the inmate ‘‘must preauthorize all testing fee(s) to be
withdrawn directly from his/her inmate
deposit fund account.’’
One commenter questioned the
payment process described in § 570.38.
The commenter suggested that the
inmate should pay for all potential
testing before he/she be ‘‘allowed to
leave.’’ This is not practical. Depending
on Bureau resources, the inmate’s
particular situation, and the particular
circumstances surrounding the
furlough, it is possible that the inmate
will not undergo all of the available
testing upon the inmate’s return from
furlough. It is therefore unnecessary and
impractical to require an inmate to prepay the costs of tests that he/she may
not be required to undergo.
The commenter then suggested that
‘‘charging an inmate that is on an
emergency non-transferral furlough is
not reasonable before they be allowed to
leave. Postponing their payment until
they return seems to be more
reasonable.’’ The Bureau agrees with this
statement, which is why the regulation
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
requires not that inmates pre-pay, but
only that the inmate sign a form preauthorizing payment for testing that will
be conducted upon the inmate’s return.
For clarity, we have modified that
part of the regulation to state that the
inmate ‘‘must pre-authorize the cost of
such test(s) if the inmate or family
members are paying the other costs of
the furlough.’’
Conditions Under Which a Furlough
May Be Granted
One commenter stated that the rule
‘‘does not make clear that inmates in
Low, Medium, or High security
institutions are categorically ineligible
for emergency or other non-transfer
furloughs.’’
However, according to the regulation
as proposed, ‘‘inmates in Low, Medium,
or High security institutions’’ are not
‘‘categorically ineligible for emergency
or other non-transfer furloughs,’’ but
instead will be considered on a case-bycase basis, in accordance with these
regulations and in the Warden’s
discretion.
§ 570.36 specifies the conditions
under which a non-transfer furlough
may be granted. This section contains a
chart which clarifies the eligibility
requirements for non-transfer furloughs
and 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. The chart has been
revised in the final rule for greater
clarity and accuracy. This section also
describes circumstances under which
Wardens will ordinarily deny nontransfer furloughs.
Under this rule, the Bureau is
expanding the authority of its Wardens
to consider all inmates potentially
eligible for non-transfer furloughs, as
opposed to the current rule, which
limits consideration to inmates with
community custody status. Community
custody, the lowest custody level
assigned to an inmate, affords the lowest
level of security and staff supervision.
The Bureau believes this change is
justified by the potential prisoner reentry and rehabilitative benefits to be
afforded by a non-transfer furlough.
Further, any resulting public safety
concerns are adequately addressed by
the limitations contained within
§§ 570.35(b) and 570.36.
Further, § 570.31 describes inmate
eligibility for furloughs, and states that
sentenced inmates housed in Bureau
facilities, pretrial inmates housed in
Bureau facilities, and sentenced inmates
housed in Bureau facilities and
classified as central inmate monitoring
cases may be eligible for furloughs.
E:\FR\FM\11JAR1.SGM
11JAR1
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
Inmates who are not eligible for
furloughs through the Bureau include
sentenced inmates housed in contract
facilities and inmates who are U.S.
Marshals prisoners housed in contract
facilities.
It should be noted that revised
§ 570.35(a) 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.
Inmates transferring to facilities with
these security designations are
considered to pose a potential risk to the
community if granted a transfer
furlough. An inmate’s security level is
based on relevant factual information,
such as the inmate’s current offense,
sentence, criminal history, and
institutional behavior that requires
additional security measures. Because of
the potential risk to public safety,
inmates transferring to administrative,
low, medium, or high security facilities
are not appropriate for participation in
the Bureau’s transfer furlough program.
emcdonald on DSK2BSOYB1PROD with RULES
Guidance to Staff Is Needed
The third commenter recommended
that ‘‘further guidance be given to the
Warden or person making the decision
so that there will be more consistency
in the granting of furloughs.’’
Further guidance will be given to all
staff regarding furloughs in the
corresponding Bureau policy on
furloughs, which is a guidance
document for staff. The Bureau intends
for the corresponding policy guidance to
promote consistency in the granting of
furloughs.
For the aforementioned reasons, the
Bureau finalizes, with minor changes,
the proposed rule published on
December 6, 2006 (71 FR 70696).
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
VerDate Mar<15>2010
16:00 Jan 10, 2011
Jkt 223001
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
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 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
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 amend 28
CFR part 570 as set forth below.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
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.
§ 570.31
This rule is not a major rule as
defined by section 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.
1517
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
E:\FR\FM\11JAR1.SGM
11JAR1
1518
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
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) through (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.
§ 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.
§ 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 paragraph
(a) of this section 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 paragraph (b)
of this section, 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 paragraph (b)
of this section, 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 .................
an emergency furlough.
an emergency furlough.
an emergency furlough or a routine day furlough.
an emergency furlough, a routine day furlough, or a routine overnight
furlough within the institution’s commuting area.
an emergency furlough, a routine day furlough, or a routine overnight
furlough either within or outside the institution’s commuting area.
emcdonald on DSK2BSOYB1PROD with RULES
1 year or less remaining until the projected release date .......................
(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.
VerDate Mar<15>2010
16:00 Jan 10, 2011
Jkt 223001
§ 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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
(c) Appeal. An inmate may appeal any
aspect of the furlough program through
the Administrative Remedy Program, 28
CFR Part 542, Subpart B.
§ 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.
E:\FR\FM\11JAR1.SGM
11JAR1
emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
(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
condition(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 pre-authorize 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;
(5) Must contact the institution (or
United States Probation Officer) in the
event of arrest, or any other serious
difficulty or illness; and
(6) Must comply with any other
special instructions given by the
institution.
(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
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;
VerDate Mar<15>2010
16:00 Jan 10, 2011
Jkt 223001
(9) Drive a motor vehicle without
staff’s written permission, which can
only be obtained if the inmate has proof
of a currently valid driver’s license and
proof of appropriate insurance; or
(10) Return from furlough with
anything the inmate did not take out
with him/her (for example, clothing,
jewelry, or books).
[FR Doc. 2011–281 Filed 1–10–11; 8:45 am]
BILLING CODE 4410–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0316]
RIN 1625–AA87
Security Zones; Sabine Bank Channel,
Sabine Pass Channel and SabineNeches Waterway, TX
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing moving security zones for
certain vessels for which the Captain of
the Port, Port Arthur deems enhanced
security measures necessary. In
addition, it is establishing security
zones encompassing the mooring basins
of LNG carriers while they are moored
at the Golden Pass LNG facility in
Sabine, TX and/or the Sabine Pass LNG
facility located in Cameron Parish, LA.
DATES: This rule is effective February
10, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0316 are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0316 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Scott Whalen, Marine Safety
Unit Port Arthur, TX; telephone 409–
719–5086, e-mail
scott.k.whalen@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
1519
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 27, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Security Zones; Sabine Bank
Channel, Sabine Pass Channel and
Sabine-Neches Waterway, TX in the
Federal Register (75 FR 29695). We
received one comment on the proposed
rule. On October 22, 2010, we then
published an interim rule discussing
and incorporating the recommendation
from that one comment and requesting
further comments (75 FR 65232).
No public meeting was requested and
none was held. Additionally, no
comments concerning the interim rule
were received.
Basis and Purpose
The Coast Guard is establishing
moving security zones for certain
vessels, for which the Captain of the
Port deems enhanced security measures
are necessary. The purpose of these
security zones is to protect certain
vessels designated as requiring such
enhanced security measures. Mariners
will be notified of the activation of a
moving security zone around designated
vessels by Broadcast Notice to Mariners.
Vessels with active moving security
zones will also be identified by the
presence of escort vessels displaying
flashing blue law enforcement lights.
The moving security zones would be
activated for certain vessels within the
U.S. territorial waters through Sabine
Bank Channel, Sabine Pass Channel and
the Sabine-Neches Waterway, extending
from the surface to the bottom. These
moving security zones would extend
channel edge to channel edge on the
Sabine Bank and Sabine Pass Channel
and shoreline to shoreline on the
Sabine-Neches Waterway, 2 miles ahead
and 1 mile astern of the designated
vessels while in transit. Meeting,
crossing or overtaking situations are not
permitted within the security zone
unless specifically authorized by the
Captain of the Port.
In addition, the Coast Guard is
establishing security zones for the
mooring basins at the Golden Pass LNG
facility in Sabine, TX and the Sabine
Pass LNG facility located in Cameron
Parish, LA while LNG carriers are
moored at these facilities.
These security zones are part of a
comprehensive port security regime
designed to safeguard human life,
vessels, and waterfront facilities against
sabotage or terrorist attacks.
All vessels not exempted under
paragraph (b) of § 165.819 would be
E:\FR\FM\11JAR1.SGM
11JAR1
]]>Agencies
[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Rules and Regulations]
[Pages 1516-1519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-281]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
[BOP Docket No. 1144-F]
RIN 1120-AB44
Inmate Furloughs
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its
federal regulations on the inmate furlough program primarily to more
clearly provide for and define transfer furloughs. Also, under this
rule, the Bureau is expanding the authority of its Wardens to consider
all inmates potentially eligible for non-transfer furloughs, as opposed
to the current rule, which limits consideration to inmates with
community custody status.
DATES: This rule is effective on February 10, 2011.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION: The Bureau revises its federal regulations
on the inmate furlough program primarily to more clearly provide for
and define transfer furloughs. Through this change, 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. Also, under this rule, the
Bureau is expanding the authority of its Wardens to consider all
inmates potentially eligible for non-transfer furloughs, as opposed to
the current rule, which limits consideration to inmates with community
custody status.
A proposed rule on this subject was published on December 6, 2006
(71 FR 70696). We received three comments, which we respond to below.
Payment for Urinalysis, Breathalyzer, and Other Comparable Tests Upon
Return From Furlough
Section 570.38(b)(4) of the proposed rule stated that a furlough
will only be approved if an inmate agrees to certain conditions,
including the condition that the inmate 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.'' Further, this regulation provides that
the inmate ``must pre-authorize all testing fee(s) to be withdrawn
directly from his/her inmate deposit fund account.''
One commenter questioned the payment process described in Sec.
570.38. The commenter suggested that the inmate should pay for all
potential testing before he/she be ``allowed to leave.'' This is not
practical. Depending on Bureau resources, the inmate's particular
situation, and the particular circumstances surrounding the furlough,
it is possible that the inmate will not undergo all of the available
testing upon the inmate's return from furlough. It is therefore
unnecessary and impractical to require an inmate to pre-pay the costs
of tests that he/she may not be required to undergo.
The commenter then suggested that ``charging an inmate that is on
an emergency non-transferral furlough is not reasonable before they be
allowed to leave. Postponing their payment until they return seems to
be more reasonable.'' The Bureau agrees with this statement, which is
why the regulation requires not that inmates pre-pay, but only that the
inmate sign a form pre-authorizing payment for testing that will be
conducted upon the inmate's return.
For clarity, we have modified that part of the regulation to state
that the inmate ``must pre-authorize the cost of such test(s) if the
inmate or family members are paying the other costs of the furlough.''
Conditions Under Which a Furlough May Be Granted
One commenter stated that the rule ``does not make clear that
inmates in Low, Medium, or High security institutions are categorically
ineligible for emergency or other non-transfer furloughs.''
However, according to the regulation as proposed, ``inmates in Low,
Medium, or High security institutions'' are not ``categorically
ineligible for emergency or other non-transfer furloughs,'' but instead
will be considered on a case-by-case basis, in accordance with these
regulations and in the Warden's discretion.
Sec. 570.36 specifies the conditions under which a non-transfer
furlough may be granted. This section contains a chart which clarifies
the eligibility requirements for non-transfer furloughs and 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. The chart has been revised in the final rule for
greater clarity and accuracy. This section also describes circumstances
under which Wardens will ordinarily deny non-transfer furloughs.
Under this rule, the Bureau is expanding the authority of its
Wardens to consider all inmates potentially eligible for non-transfer
furloughs, as opposed to the current rule, which limits consideration
to inmates with community custody status. Community custody, the lowest
custody level assigned to an inmate, affords the lowest level of
security and staff supervision. The Bureau believes this change is
justified by the potential prisoner re-entry and rehabilitative
benefits to be afforded by a non-transfer furlough. Further, any
resulting public safety concerns are adequately addressed by the
limitations contained within Sec. Sec. 570.35(b) and 570.36.
Further, Sec. 570.31 describes inmate eligibility for furloughs,
and states that sentenced inmates housed in Bureau facilities, pretrial
inmates housed in Bureau facilities, and sentenced inmates housed in
Bureau facilities and classified as central inmate monitoring cases may
be eligible for furloughs.
[[Page 1517]]
Inmates who are not eligible for furloughs through the Bureau include
sentenced inmates housed in contract facilities and inmates who are
U.S. Marshals prisoners housed in contract facilities.
It should be noted that revised Sec. 570.35(a) 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. Inmates transferring to facilities with
these security designations are considered to pose a potential risk to
the community if granted a transfer furlough. An inmate's security
level is based on relevant factual information, such as the inmate's
current offense, sentence, criminal history, and institutional behavior
that requires additional security measures. Because of the potential
risk to public safety, inmates transferring to administrative, low,
medium, or high security facilities are not appropriate for
participation in the Bureau's transfer furlough program.
Guidance to Staff Is Needed
The third commenter recommended that ``further guidance be given to
the Warden or person making the decision so that there will be more
consistency in the granting of furloughs.''
Further guidance will be given to all staff regarding furloughs in
the corresponding Bureau policy on furloughs, which is a guidance
document for staff. The Bureau intends for the corresponding policy
guidance to promote consistency in the granting of furloughs.
For the aforementioned reasons, the Bureau finalizes, with minor
changes, the proposed rule published on December 6, 2006 (71 FR 70696).
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 section 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 amend 28 CFR part 570 as
set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 570--COMMUNITY PROGRAMS
0
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.
0
2. Revise 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
[[Page 1518]]
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) through (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.
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
paragraph (a) of this section 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 paragraph (b) of this section, 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 paragraph (b) of this section, 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 furlough.
designated institution for less than
90 days.
more than two years remaining until the an emergency furlough.
projected release date.
2 years or less remaining until the an emergency furlough or a
projected release date. routine day furlough.
18 months or less remaining until the an emergency furlough, a
projected release date. routine day furlough, or a
routine overnight furlough
within the institution's
commuting area.
1 year or less remaining until the an emergency furlough, a
projected release date. routine day furlough, or a
routine overnight furlough
either within or 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.
[[Page 1519]]
(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 condition(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 pre-authorize 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;
(5) Must contact the institution (or United States Probation
Officer) in the event of arrest, or any other serious difficulty or
illness; and
(6) Must comply with any other special instructions given by the
institution.
(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 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
driver's license and proof of appropriate insurance; or
(10) Return from furlough with anything the inmate did not take out
with him/her (for example, clothing, jewelry, or books).
[FR Doc. 2011-281 Filed 1-10-11; 8:45 am]
BILLING CODE 4410-05-P
