FSA Time Credits, 75268-75273 [2020-25597]
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WI; removing the city associated with
the airport to comply with changes in
FAA Order 7400.2M; and updating the
geographic coordinates of the airport to
coincide with the FAA’s aeronautical
database;
And amending the Class E airspace
extending upward from 700 feet above
the surface to within a 6.4-mile
(decreased from a 7.3-miles) radius of
Richland Airport, Richland Center, WI,
which is contained within the Lone
Rock, WI, airspace legal description;
and updating the name (previously
Richland Center Airport) and
geographic coordinates of the airport to
coincide with the FAA’s aeronautical
database.
This action is the result of airspace
reviews caused by the decommissioning
of the Lone Rock VOR, which provided
navigation information for the
instrument procedures these airports, as
part of the VOR MON Program.
Class E airspace designations are
published in paragraph 6002 and 6005
of FAA Order 7400.11E, dated July 21,
2020, and effective September 15, 2020,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
16:09 Nov 24, 2020
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Bureau of Prisons
28 CFR Parts 523 and 541
[BOP–1176P]
The Proposed Amendment
RIN 1120–AB76
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
FSA Time Credits
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
*
*
*
AGL WI E2
*
*
Lone Rock, WI [Remove]
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
AGL WI E5
*
*
Lone Rock, WI [Amended]
Tri-County Regional Airport, WI
(Lat. 43°12′43″ N, long. 90°10′47″ W)
Richland Airport, WI
(Lat. 43°17′00″ N, long. 90°17′54″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of the Tri-County Regional Airport,
and within a 6.4-mile radius of the Richland
Airport.
Issued in Fort Worth, Texas, on November
19, 2020.
Steven T. Phillips,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2020–25973 Filed 11–24–20; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
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DEPARTMENT OF JUSTICE
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Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
ACTION:
This proposed rule would
codify the Bureau of Prisons (Bureau)
procedures regarding time credits as
authorized by the First Step Act of 2018
(FSA), hereinafter referred to as ‘‘FSA
Time Credits.’’ The FSA provides that
eligible inmates may earn FSA Time
Credits towards pre-release custody or
early transfer to supervised release for
successfully completing approved
Evidence-Based Recidivism Reduction
programs or Productive Activities that
are assigned to the inmate based on the
inmate’s risk and needs assessment.
Eligible inmates include those
individuals who are sentenced under
the U.S. Code and in the custody of the
Bureau. However, as required by the
FSA, an inmate cannot earn FSA Time
Credits if he or she is serving a sentence
for a disqualifying offense or has a
disqualifying prior conviction.
However, these inmates can still earn
other benefits, as authorized by the
Bureau, for successfully completing
recidivism reduction programming.
DATES: Electronic comments must be
submitted, and written comments must
be postmarked, no later than 11:59 p.m.
on January 25, 2021.
ADDRESSES: Please submit electronic
comments through the regulations.gov
website, or mail written comments to
the Rules Unit, Office of General
Counsel, Bureau of Prisons, 320 First
Street NW, Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
353–8248.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at
www.regulations.gov. If you want to
submit personal identifying information
(such as your name, address, etc.) as
part of your comment, but do not want
it to be posted online, you must include
the phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
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all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment
contains so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
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paragraph.
The Proposed Rule
This proposed rule would codify the
Bureau of Prisons (Bureau) procedures
regarding FSA Time Credits as
authorized by 18 U.S.C. 3632(d)(4) and
Section 101 of the First Step Act of 2018
(Pub. L. 115–391, December 21, 2018,
132 Stat 5194) (FSA). The FSA provides
that an eligible inmate in Bureau
custody who successfully completes an
Evidence-Based Recidivism Reduction
program or Productive Activity that is
assigned to the inmate based on the
inmate’s risk and needs assessment may
earn FSA Time Credits to be applied
towards pre-release custody (i.e.,
transfer to a Residential Reentry Center
(RRC) or home confinement for service
of a portion of the inmate’s sentence) or
early transfer to supervised release (i.e.,
early satisfaction of the inmate’s
sentence) under 18 U.S.C. 3624(g). This
proposed rule does not address the
procedures for determining whether an
individual inmate will have FSA Time
Credits applied towards prerelease
custody, early transfer to supervised
release, a combination of both, or
neither; this proposed rule only
addresses the procedures for earning,
awarding, loss, and restoration of FSA
Time Credits.
As required by the FSA in 18 U.S.C.
3632(d)(4)(D), an inmate cannot earn
FSA Time Credits if he or she is serving
a sentence for a disqualifying offense or
has a disqualifying prior conviction as
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specified in 18 U.S.C. 3632(d)(4)(D).
However, these inmates can still earn
other benefits as authorized by the
Bureau for successfully completing
recidivism reduction programming.
The Bureau proposes to add a new
subpart E to part 523 of Chapter V,
entitled ‘‘FSA Time Credits,’’ which
would contain regulations defining
terms in more detail and describing how
inmates may earn or forfeit FSA Time
Credits. Section 523.40 would set forth
the purpose of the subpart. The Bureau’s
proposed definitions of an EvidenceBased Recidivism Reduction program
and Productive Activity in § 523.41
conform to the definitions provided by
the FSA in 18 U.S.C. 3635(3) and (5)
respectively.
The regulation next addresses
successful completion, indicating that
eligible inmates must successfully
complete each Evidence-Based
Recidivism Reduction program or
Productive Activity that are assigned to
the inmate based on the inmate’s risk
and needs assessment before they may
earn FSA Time Credits. The
requirements to successfully complete
an Evidence-Based Recidivism
Reduction program or Productive
Activity are defined by the Bureau for
each Evidence-Based Recidivism
Reduction program or Productive
Activity. The requirements will be
based on the specific elements of each
Evidence-Based Recidivism Reduction
program or Productive Activity, and
may vary based on the curricula,
duration, or the specific needs or of
either the Evidence-Based Recidivism
Reduction program/Productive Activity
or the inmate participating.
Eligible inmates are also described in
this section: An ‘‘eligible inmate’’ is any
inmate sentenced under the U.S. Code
and in the custody of the Bureau who
is not serving a term of imprisonment
for a conviction specified in 18 U.S.C.
3632(d)(4)(D). An inmate who is in the
custody of the Bureau, but is serving a
term of imprisonment for a conviction
under the law of one of the fifty (50)
states, the District of Columbia, Guam,
Puerto Rico, the U.S. Virgin Islands, the
Commonwealth of the Mariana Islands,
American Samoa, or any other territory
or possession of the United States is not
an ‘‘eligible inmate.’’ As the FSA also
indicates, an inmate who is eligible to
earn FSA Time Credits and not subject
to a final order of removal under
immigration laws as defined in 8 U.S.C.
1101(a)(17) may have FSA Time Credits
applied towards pre-release custody or
early transfer to supervised release
under 18 U.S.C. 3624(g).
The proposed regulations also explain
in § 523.42 that eligible inmates must
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successfully complete each EvidenceBased Recidivism Reduction program or
Productive Activity that is assigned to
the inmate based on the inmate’s risk
and needs assessment before they may
earn FSA Time Credits. Consistent with
the FSA, FSA Time Credits will not be
given for anything less than successful
completion. After successful completion
of an Evidence-Based Recidivism
Reduction program or Productive
Activity, an eligible inmate may be
awarded ten days of FSA Time Credits
for every thirty ‘‘days’’ of participation.
A ‘‘day’’ is a unit defined as one eighthour-period of a successfully completed
Evidence-Based Recidivism Reduction
program or Productive Activity. The
Bureau derives its proposal for earning
FSA Time Credits from 18 U.S.C.
3632(d)(4)(A)(i), which indicates that
inmates ‘‘shall earn 10 days of Time
Credits for every 30 days of successful
participation in evidence-based
recidivism reduction programming or
productive activities.’’
As authorized by the FSA in 18 U.S.C.
3632(d)(4)(A)(ii), inmates may earn an
additional five days of FSA Time
Credits for every thirty ‘‘days’’ (with a
‘‘day’’ defined as one eight-hour-period)
of participation in a successfully
completed Evidence-Based Recidivism
Reduction program or Productive
Activity that is assigned to the inmate
based on the inmate’s risk and needs
assessment if the inmate is at a
minimum or low risk for recidivating
and has had no increased risk of
recidivism over the most recent two
consecutive assessments conducted by
the Bureau of Prisons.
FSA Time Credits may only be earned
for successful completion of an
Evidence-Based Recidivism Reduction
program and Productive Activity
assigned to the inmate based on the
inmate’s risk and needs assessment, and
only for those successfully completed
on or after January 15, 2020.
Additionally, an inmate may only earn
FSA Time Credits after the date that
inmate’s term of imprisonment
commences, which is defined as when
the inmate arrives or voluntarily
surrenders at the facility where the
sentence will be served. Further, FSA
Time Credits can only be earned while
an inmate is in a Bureau facility, and
will not be earned if an inmate is in a
Residential Reentry Center or on home
confinement.
FSA Time Credits may be lost through
inmate discipline procedures described
in 28 CFR part 541 if an inmate violates
prison rules or requirements/rules of an
Evidence-Based Recidivism Reduction
program or Productive Activity. The
FSA authorizes the Bureau to develop
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procedures for the reduction of FSA
Time Credits for inmates under these
circumstances. See 18 U.S.C. 3632(e). If
this occurs, inmates may seek review of
the loss of earned FSA Time Credits
through the Bureau’s Administrative
Remedy Program (28 CFR part 542).
Also, inmates may have part or all of
the lost FSA Time Credits restored to
them, to be determined on a case-bycase basis, after clear conduct for at least
four consecutive risk assessments. In the
case of a loss of FSA Time Credits due
to a violation of the requirements and/
or rules of an Evidence-Based
Recidivism Reduction program or
Productive Activity, an inmate may
have FSA Time Credits restored if the
inmate successfully completes an
Evidence-Based Recidivism Reduction
program or Productive Activity assigned
to the inmate based on the inmate’s risk
and needs assessment after the date of
the rule or program violation, again, to
be determined on a case-by-case basis.
The Bureau also proposes to make
conforming amendments in 28 CFR part
541 to regulations on inmate discipline.
As part of the FSA Time Credits
proposal, the Bureau proposes to add in
§ 541.3, Table 1 (Prohibited Acts and
Available Sanctions), appropriate
sanctions to allow for forfeiture of FSA
Time Credits in escalating amounts
depending on the severity level of the
prohibited act committed. The FSA
Time Credit forfeiture sanctions mirror
the current forfeiture sanctions in place
for loss of Good Conduct Time. If an
inmate commits a second violation of
the same Low Severity prohibited act
code within a six months, that inmate
may receive a sanction of forfeiture of
up to 7 days of FSA Time Credits, but
a third violation of the same prohibited
act within six months period may result
in a sanction of forfeiture of up to 14
days of FSA Time Credits. For
commission of a prohibited act in the
Moderate category, a sanction up to 30
days of FSA Time Credits credit may be
applied. Commission of a High Severity
act may result in forfeiture of up to 60
days of FSA Time Credits, and
commission of a Greatest Severity act
may result in forfeiture of up to 120
days of FSA Time Credits.
All sanctions involving loss of FSA
Time Credits may only be imposed by
in the discretion of a Disciplinary
Hearing Officer (DHO) after the process
described in 28 CFR part 541, and may
also be appealed through the Bureau’s
Administrative Remedy Process
described in 28 CFR part 542. The
procedures in 28 CFR parts 541 and 542
allow for inmate discipline and an
appeals process that are both wellestablished and consistent with current
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Bureau operations. Bureau DHOs will
use their considerable correctional
experience and training, as they
currently do, and will only, after careful
consideration of several factors,
including the nature and seriousness of
the violation in connection with the
FSA Time Credit Program, limit
appropriate sanctions to befit the nature
of the prohibited act committed.
Regulatory Analyses
Executive Orders 12866, 13563, and
13771
This proposed rule falls within a
category of actions that the Office of
Management and Budget (OMB) has
determined constitutes a ‘‘significant
regulatory actions’’ under section 3(f) of
Executive Order 12866 and,
accordingly, it was reviewed by OMB.
The economic impact of this proposed
rule is limited to a specific subset of
inmates who are eligible to both earn
and apply FSA Time Credits towards
additional prerelease custody or early
transfer to supervised release.
Under the FSA, FSA Time Credits
may be earned by an eligible inmate
who is assessed to have a minimum or
low risk for recidivating and who has
had no increased risk of recidivism over
the most recent two consecutive
assessments conducted by the Bureau.
Consistent with the FSA, inmates in
Bureau custody are assessed under its
risk assessment system, Prisoner
Assessment Tool Targeting Estimated
Risk and Need (PATTERN), which
includes both static and dynamic
elements. For example on August 27,
2020, 131,386 inmates had been
assessed under PATTERN and received
a PATTERN score were in Bureau
custody. The PATTERN scores for the
entire group of 131,386 were: 50,060
classifed as high; 25,043 classified as
medium; 38,084 classified as low; and
18,199 classified as minium. Of these
inmates, approximately 65,000 would
be ineligible to earn FSA Time Credits
under the FSA due to the inmate’s crime
of conviction. This data represent a
snapshot of those inmates in Bureau
custody as of August 27, 2020. The
Bureau anticipates that this data will
change continually, as inmates in
custody earn reductions in PATTERN
risk classification, based on program
participation and other dynamic factors,
and inmates enter and release from
Bureau custody.
The Bureau anticipates that as a result
of this proposed rule and the FSA,
additional inmates will engage in
programming to earn FSA Time Credits.
As discussed above, FSA Time Credits
may be earned for successful
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completion of an Evidence-Based
Recidivism Reduction program or
Productive Activity that is assigned to
an inmate based on the inmate’s needs
assessment. The current list of these
programs can be found at: https://
www.bop.gov/inmates/fsa/docs/
evidence_based_recidivism_reduction_
programs.pdf. These programs are
available to all inmates regardless of an
inmate’s elibility to earn FSA Time
Credits. At present, the Bureau has
existing funding that provides for each
of the Evidence-Based Recidivism
Reduction programs and Productive
Activities listed, so the Bureau will not
experience current additional
programming costs as a reslt of the
proposed rule.
The proposed rule may also result in
movement of eligible inmates who earn
FSA Time Credits from Bureau facilities
to prerelease custody in the community
(including Residential Reentry Centers
(RRCs) and/or home confinement)
earlier in the course of their
confinement and for a longer period of
time than would have previously
occurred. In some cases, this transfer of
time from secured confinement to
prerelease custody may result in
increased costs, depending on the
relative costs of the inmate’s current
facility and the costs associated with
housing and/or supervision in
prerelease custody.
The proposed rule may also result in
the early transfer of inmate from
custody to supervised release,
functionally shortening their sentences.
In such cases, the Bureau would benefit
from the avoidance of costs which
would otherwise have been incurred to
confine the affected inmates for that
amount of time.
Notably, this proposed rule is limited
to the processes for earning, awarding,
and losing FSA Time Credits, and does
not address the mechanisms through
which those FSA Time Credits may be
applied towards additional time in
prerelease custody or early transfer to
supervised release. Future decisions on
that issue will significantly impact the
relative amount of cost increases and
cost savings to the Bureau. At present,
therefore, specific costs or savings for
these future actions cannot be
calculated. Further, any increased costs
or savings resulting from application of
this proposed rule will only be realized
at the end of an eligible inmate’s
sentence, as they are transferred to
prerelease custody and/or released
earlier to commence their term of
supervised release. Therefore, the
increased costs or cost savings realized
from this proposed rule will not be fully
realized for years to come, as increasing
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numbers of inmates have opportunities
to earn FSA Time Credits over their
terms of incarceration. Any economic
impacts will occur gradually over time
as the number of impacted inmates, and
the quantity of time credits they accrue,
increase.
For these reasons, it is not possible to
forecast the actual economic effect
which may occur as a result of this
proposed rule. However, given the mix
of cost increases and savings which may
result, the overall long-term economic
impact is expected to be marginal in
either direction.
Executive Order 13132
This proposed rule will not have
substantial direct effect 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 proposed rule does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
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Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this proposed
rule 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 proposed 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 proposed 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.
Congressional Review Act. This
proposed rule is a not major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804. This proposed 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-
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based companies in domestic and
export markets.
List of Subjects
28 CFR Part 523
Prisoners.
28 CFR Part 541
Administrative practice and
procedure, Prisoners.
Michael D. Carvajal,
Director, Federal Bureau of Prisons.
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 propose to amend 28 CFR parts
523 and 541 as follows:
PART 523—COMPUTATION OF
SENTENCE
1. The authority citation for 28 CFR
part 523 is revised to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3568
(repealed November 1, 1987 as to offenses
committed on or after that date), 3621, 3622,
3624, 3632, 3635, 4001, 4042, 4081, 4082
(Repealed in part as to conduct occurring on
or after November 1, 1987), 4161–4166
(repealed October 12, 1984 as to offenses
committed on or after November 1, 1987),
5006–5024 (Repealed October 12, 1984 as to
conduct occurring after that date), 5039; 28
U.S.C. 509, 510.
2. Add Subpart E to part 523, to read
as follows:
■
Subpart E—First Step Act Time Credits
Sec.
523.40
523.41
523.42
523.43
§ 523.40
Purpose.
Definitions.
Earning First Step Act Time Credits.
Loss of FSA Time Credits.
Purpose.
(a) The purpose of this subpart is to
describe time credits authorized by 18
U.S.C. 3632(d)(4) and Section 101 of the
First Step Act of 2018 (Pub. L. 115–391,
December 21, 2018, 132 Stat 5194)
(FSA), hereinafter referred to as ‘‘FSA
Time Credits’’.
(b) Generally, as defined and
described in this subpart, an eligible
inmate who successfully completes an
Evidence-Based Recidivism Reduction
program or Productive Activity that is
assigned to the inmate based on the
inmate’s risk and needs assessment may
earn FSA Time Credits to be applied
towards pre-release custody or early
transfer to supervised release under 18
U.S.C. 3624(g).
§ 523.41
Definitions.
(a) Evidence-Based Recifivism
Reduction program. (1) Definition. A
group or individual activity that:
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(i) Has been shown by empirical
evidence to reduce recidivism or is
based on research indicating that it is
likely to be effective in reducing
recidivism; and
(ii) Is designed to help prisoners
succeed in their communities upon
release from prison.
(2) Types of Evidence-Based
Recidivism Reduction programs.
Evidence-Based Recidivism Reduction
programs may include programs
involving the following types of
activities:
(i) Social learning and
communication, interpersonal, antibullying, rejection response, and other
life skills;
(ii) Family relationship building,
structured parent-child interaction, and
parenting skills;
(iii) Classes on morals or ethics;
(iv) Academic classes;
(v) Cognitive behavioral treatment;
(vi) Mentoring;
(vii) Substance abuse treatment;
(viii) Vocational training;
(ix) Faith-based classes or services;
(x) Civic engagement and reintegrative
community services;
(xi) Inmate work/employment
opportunities;
(xii) Victim Impact Classes or other
Restorative justice programs; and
(xiii) Trauma counseling and traumainformed support programs.
(b) Productive activity. A group or
individual activity that allow an inmate
with a minimum or low risk of
recidivating to remain productive and
thereby maintain a minimum or low risk
of recidivating.
(c) Successful completion. (1) An
eligible inmate must successfully
complete an Evidence-Based Recidivism
Reduction program or Productive
Activity before the inmate may earn
FSA Time Credits for that EvidenceBased Recidivism Reduction program or
Productive Activity.
(2) The requirements to successfully
complete an Evidence-Based Recidivism
Reduction program or Productive
Activity are defined by the Bureau of
Prisons (Bureau) for each EvidenceBased Recidivism Reduction program or
Productive Activity. The requirements
to successfully complete an EvidenceBased Recidivism Reduction program or
Productive Activity will be based on the
specific elements of each EvidenceBased Recidivism Reduction program or
Productive Activity, and may vary based
on the curricula, duration, or the
specific needs or requirements of either
the Evidence-Based Recidivism
Reduction program or Productive
Activity or the inmate participating.
(d) Eligible inmates. (1) Definition. An
‘‘eligible inmate’’ is any inmate who is
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sentenced under the U.S. Code and in
the custody of the Bureau who is not
serving a term of imprisonment for a
conviction specified in 18 U.S.C.
3632(d)(4)(D). Only an ‘‘eligible inmate’’
is eligible to earn FSA Time Credits. An
inmate who is in the custody of the
Bureau, but is serving a term of
imprisonment pursuant to only a
conviction for an offense under the law
of one of the fifty (50) states, the District
of Columbia, Guam, Puerto Rico, the
U.S. Virgin Islands, the Commonwealth
of the Mariana Islands, American
Samoa, or any other territory or
possession of the United States is not an
‘‘eligible inmate.’’
(2) Eligible to have FSA Time Credits
applied towards pre-release custody or
early transfer to supervised release. Any
inmate who is subject to a final order of
removal under immigration laws as
defined in 8 U.S.C. 1101(a)(17) is not
eligible to have FSA Time Credits
applied towards pre-release custody or
early transfer to supervised release
under 18 U.S.C. 3624(g).
§ 523.42
Credits.
Earning First Step Act Time
An eligible inmate who successfully
completes an Evidence-Based
Recidivism Reduction program or
Productive Activity that is assigned to
the inmate based on the inmate’s risk
and needs assessment may earn FSA
Time Credits as follows:
(a) An eligible inmate must
successfully complete each EvidenceBased Recidivism Reduction program or
Productive Activity before the inmate
may earn FSA Time Credits. FSA Time
Credits will not be given for anything
less than successful completion of each
Evidence-Based Recidivism Reduction
program or Productive Activity.
(b) After an eligible inmate
successfully completes an EvidenceBased Recidivism Reduction program or
Productive Activity, the eligible inmate
will be awarded ten days of FSA Time
Credits for every thirty ‘‘days’’ of
participation in a successfully
completed Evidence-Based Recidivism
Reduction program or Productive
Activity. For purposes of earning FSA
Time Credits, a ‘‘day’’ is defined as one
eight-hour period of participation in an
Evidence-Based Recidivism Reduction
program or Productive Activity that an
eligible inmate successfully completes.
(c) Low/Minimum recidivism risk. An
eligible inmate will earn an additional
five days of FSA Time Credits for every
thirty ‘‘days’’ of participation in a
Evidence-Based Recidivism Reduction
program or Productive Activity that the
eligible inmate successfully completes if
the inmate:
(1) Is determined by the Bureau to be
at a minimum or low risk for
recidivating; and
(2) Has not increased his or her risk
of recidivism over the most recent two
consecutive risk and needs assessments
conducted by the Bureau. For purposes
of earning FSA Time Credits, a ‘‘day’’ is
defined as one eight-hour period of
participation in an Evidence-Based
Recidivism Reduction program or
Productive Activity that an eligible
inmate successfully completes.
(d) When FSA Time Credits may be
earned. FSA Time Credits may only be
earned by an eligible inmate:
(1) For an Evidence-Based Recidivism
Reduction program or Productive
Activity authorized by the Bureau, that
is assigned to the particular inmate
based on his or her risk and needs
assessment, and which the eligible
inmate successfully completes on or
after January 15, 2020; and
(2) After the date that the inmate’s
term of imprisonment commences. An
inmate’s term of imprisonment
commences when the inmate arrives or
voluntarily surrenders at the designated
Bureau facility where the sentence will
be served.
(3) FSA Time Credits can only be
earned while an eligible inmate is in a
Bureau facility. FSA Time Credits will
not be earned in a Residential Reentry
Center or on home confinement.
§ 523.43
Loss of FSA Time Credits.
(a) Inmates may lose earned FSA
Time Credits for violation of prison
rules, or requirements and/or rules of an
Evidence-Based Recidivism Reduction
program or Productive Activity. The
procedures for loss of FSA Time Credits
are those described in 28 CFR part 541.
(b) Inmates may seek review of the
loss of earned FSA Time Credits
through the Bureau’s Administrative
Remedy Program (28 CFR part 542).
(c) Inmates who have lost FSA Time
Credits under this regulation may have
part or all of the FSA Time Credits
restored to them, on a case-by-case
basis, after:
(1) Clear conduct for at least four
consecutive risk and needs assessments;
or
(2) In the case of a loss of FSA Time
Credits due to a violation of the
requirements and/or rules of an
Evidence-Based Recidivism Reduction
program or Productive Activity, after
successful completion of an EvidenceBased Recidivism Reduction program or
Productive Activity assigned based on
the risk and needs assessment after the
date of the rule or program violation.
PART 541—INMATE DISCIPLINE AND
SPECIAL HOUSING UNITS
2. The authority citation for part 541
continues to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
3622, 3624, 4001, 4042, 4081, 4082 (Repealed
in part as to offenses committed on or after
November 1, 1987), 4161–4166 (Repealed as
to offenses committed on or after November
1, 1987), 5006–5024 (Repealed October 12,
1984 as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510.
3. In § 541.3, amend Table 1 by adding
the entry B.2 under the headings
‘‘Available Sanctions for Greatest
Severity Level Prohibited Acts’’,
‘‘Available Sanctions for High Severity
Level Prohibited Acts’’, ‘‘Available
Sanctions for Moderate Severity Level
Prohibited Acts’’, and ‘‘Available
Sanctions for Low Severity Level
Prohibited Acts’’ to read as follows:
■
§ 541.3 Prohibited acts and available
sanctions
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TABLE 1—PROHIBITED ACTS AND AVAILABLE SANCTIONS
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TABLE 1—PROHIBITED ACTS AND AVAILABLE SANCTIONS—Continued
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Available Sanctions for High Severity Level Prohibited Acts
*
B.2 ..........
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Available Sanctions for Moderate Severity Level Prohibited Acts
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B.2 ..........
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Available Sanctions for Low Severity Level Prohibited Acts
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B.2 ..........
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Forfeit up to 7 days of FSA Time Credits (only where the inmate is found to have committed a second violation of the same prohibited act within 6 months; forfeit up to 14 days of FSA Time Credits (only where the inmate is found to have committed a third violation of the same prohibited act within 6 months).
*
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4. Amend § 541.7, by revising
paragraph (f) to read as follows:
■
§ 541.7 Unit Discipline Committee (UDC)
review of the incident report.
*
*
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*
(f) Sanctions. If you committed a
prohibited act or acts, the UDC can
impose any of the available sanctions in
Tables 1 and 2, except loss of good
conduct sentence credit, FSA Time
Credits, disciplinary segregation, or
monetary fines.
[FR Doc. 2020–25597 Filed 11–24–20; 8:45 am]
BILLING CODE 4410–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0074; FRL–10016–
90–Region 5]
Air Plan Approval; Wisconsin; Partial
Approval and Partial Disapproval of
the Oneida County SO2 Nonattainment
Area Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
jbell on DSKJLSW7X2PROD with PROPOSALS
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove a
revision to the Wisconsin State
Implementation Plan (SIP) for attaining
the 2010 primary, health-based 1-hour
sulfur dioxide (SO2) national ambient
SUMMARY:
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air quality standard (NAAQS or
‘‘standard’’) for the Oneida County SO2
nonattainment area. This SIP revision
(hereinafter referred to as Wisconsin’s
Oneida County SO2 plan or plan)
includes Wisconsin’s attainment
demonstration and other attainment
planning elements required under the
Clean Air Act (CAA). EPA is proposing
to approve some elements of the Oneida
County SO2 plan and disapprove some
elements of the plan, including the
attainment demonstration, since it
contains facility credit for a stack height
that does not meet the regulations for
good engineering practice stack height
regarding the prohibition of air
pollution dispersion techniques.
DATES: Comments must be received on
or before December 28, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0074 at https://
www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
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official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jennifer Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility
closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
I. Why was Wisconsin required to
submit a plan for the Oneida County
SO2 nonattainment area?
On June 22, 2010, EPA published a
new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb). This standard is
met at an ambient air quality monitoring
site when the 3-year average of the
annual 99th percentile of daily
maximum 1-hour average
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[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Proposed Rules]
[Pages 75268-75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25597]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 523 and 541
[BOP-1176P]
RIN 1120-AB76
FSA Time Credits
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would codify the Bureau of Prisons (Bureau)
procedures regarding time credits as authorized by the First Step Act
of 2018 (FSA), hereinafter referred to as ``FSA Time Credits.'' The FSA
provides that eligible inmates may earn FSA Time Credits towards pre-
release custody or early transfer to supervised release for
successfully completing approved Evidence-Based Recidivism Reduction
programs or Productive Activities that are assigned to the inmate based
on the inmate's risk and needs assessment. Eligible inmates include
those individuals who are sentenced under the U.S. Code and in the
custody of the Bureau. However, as required by the FSA, an inmate
cannot earn FSA Time Credits if he or she is serving a sentence for a
disqualifying offense or has a disqualifying prior conviction. However,
these inmates can still earn other benefits, as authorized by the
Bureau, for successfully completing recidivism reduction programming.
DATES: Electronic comments must be submitted, and written comments must
be postmarked, no later than 11:59 p.m. on January 25, 2021.
ADDRESSES: Please submit electronic comments through the
regulations.gov website, or mail written comments to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street NW,
Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 353-8248.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at
www.regulations.gov. If you want to submit personal identifying
information (such as your name, address, etc.) as part of your comment,
but do not want it to be posted online, you must include the phrase
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your
comment. You must also locate
[[Page 75269]]
all the personal identifying information you do not want posted online
in the first paragraph of your comment and identify what information
you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted
www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
The Proposed Rule
This proposed rule would codify the Bureau of Prisons (Bureau)
procedures regarding FSA Time Credits as authorized by 18 U.S.C.
3632(d)(4) and Section 101 of the First Step Act of 2018 (Pub. L. 115-
391, December 21, 2018, 132 Stat 5194) (FSA). The FSA provides that an
eligible inmate in Bureau custody who successfully completes an
Evidence-Based Recidivism Reduction program or Productive Activity that
is assigned to the inmate based on the inmate's risk and needs
assessment may earn FSA Time Credits to be applied towards pre-release
custody (i.e., transfer to a Residential Reentry Center (RRC) or home
confinement for service of a portion of the inmate's sentence) or early
transfer to supervised release (i.e., early satisfaction of the
inmate's sentence) under 18 U.S.C. 3624(g). This proposed rule does not
address the procedures for determining whether an individual inmate
will have FSA Time Credits applied towards prerelease custody, early
transfer to supervised release, a combination of both, or neither; this
proposed rule only addresses the procedures for earning, awarding,
loss, and restoration of FSA Time Credits.
As required by the FSA in 18 U.S.C. 3632(d)(4)(D), an inmate cannot
earn FSA Time Credits if he or she is serving a sentence for a
disqualifying offense or has a disqualifying prior conviction as
specified in 18 U.S.C. 3632(d)(4)(D). However, these inmates can still
earn other benefits as authorized by the Bureau for successfully
completing recidivism reduction programming.
The Bureau proposes to add a new subpart E to part 523 of Chapter
V, entitled ``FSA Time Credits,'' which would contain regulations
defining terms in more detail and describing how inmates may earn or
forfeit FSA Time Credits. Section 523.40 would set forth the purpose of
the subpart. The Bureau's proposed definitions of an Evidence-Based
Recidivism Reduction program and Productive Activity in Sec. 523.41
conform to the definitions provided by the FSA in 18 U.S.C. 3635(3) and
(5) respectively.
The regulation next addresses successful completion, indicating
that eligible inmates must successfully complete each Evidence-Based
Recidivism Reduction program or Productive Activity that are assigned
to the inmate based on the inmate's risk and needs assessment before
they may earn FSA Time Credits. The requirements to successfully
complete an Evidence-Based Recidivism Reduction program or Productive
Activity are defined by the Bureau for each Evidence-Based Recidivism
Reduction program or Productive Activity. The requirements will be
based on the specific elements of each Evidence-Based Recidivism
Reduction program or Productive Activity, and may vary based on the
curricula, duration, or the specific needs or of either the Evidence-
Based Recidivism Reduction program/Productive Activity or the inmate
participating.
Eligible inmates are also described in this section: An ``eligible
inmate'' is any inmate sentenced under the U.S. Code and in the custody
of the Bureau who is not serving a term of imprisonment for a
conviction specified in 18 U.S.C. 3632(d)(4)(D). An inmate who is in
the custody of the Bureau, but is serving a term of imprisonment for a
conviction under the law of one of the fifty (50) states, the District
of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the
Commonwealth of the Mariana Islands, American Samoa, or any other
territory or possession of the United States is not an ``eligible
inmate.'' As the FSA also indicates, an inmate who is eligible to earn
FSA Time Credits and not subject to a final order of removal under
immigration laws as defined in 8 U.S.C. 1101(a)(17) may have FSA Time
Credits applied towards pre-release custody or early transfer to
supervised release under 18 U.S.C. 3624(g).
The proposed regulations also explain in Sec. 523.42 that eligible
inmates must successfully complete each Evidence-Based Recidivism
Reduction program or Productive Activity that is assigned to the inmate
based on the inmate's risk and needs assessment before they may earn
FSA Time Credits. Consistent with the FSA, FSA Time Credits will not be
given for anything less than successful completion. After successful
completion of an Evidence-Based Recidivism Reduction program or
Productive Activity, an eligible inmate may be awarded ten days of FSA
Time Credits for every thirty ``days'' of participation. A ``day'' is a
unit defined as one eight-hour-period of a successfully completed
Evidence-Based Recidivism Reduction program or Productive Activity. The
Bureau derives its proposal for earning FSA Time Credits from 18 U.S.C.
3632(d)(4)(A)(i), which indicates that inmates ``shall earn 10 days of
Time Credits for every 30 days of successful participation in evidence-
based recidivism reduction programming or productive activities.''
As authorized by the FSA in 18 U.S.C. 3632(d)(4)(A)(ii), inmates
may earn an additional five days of FSA Time Credits for every thirty
``days'' (with a ``day'' defined as one eight-hour-period) of
participation in a successfully completed Evidence-Based Recidivism
Reduction program or Productive Activity that is assigned to the inmate
based on the inmate's risk and needs assessment if the inmate is at a
minimum or low risk for recidivating and has had no increased risk of
recidivism over the most recent two consecutive assessments conducted
by the Bureau of Prisons.
FSA Time Credits may only be earned for successful completion of an
Evidence-Based Recidivism Reduction program and Productive Activity
assigned to the inmate based on the inmate's risk and needs assessment,
and only for those successfully completed on or after January 15, 2020.
Additionally, an inmate may only earn FSA Time Credits after the date
that inmate's term of imprisonment commences, which is defined as when
the inmate arrives or voluntarily surrenders at the facility where the
sentence will be served. Further, FSA Time Credits can only be earned
while an inmate is in a Bureau facility, and will not be earned if an
inmate is in a Residential Reentry Center or on home confinement.
FSA Time Credits may be lost through inmate discipline procedures
described in 28 CFR part 541 if an inmate violates prison rules or
requirements/rules of an Evidence-Based Recidivism Reduction program or
Productive Activity. The FSA authorizes the Bureau to develop
[[Page 75270]]
procedures for the reduction of FSA Time Credits for inmates under
these circumstances. See 18 U.S.C. 3632(e). If this occurs, inmates may
seek review of the loss of earned FSA Time Credits through the Bureau's
Administrative Remedy Program (28 CFR part 542).
Also, inmates may have part or all of the lost FSA Time Credits
restored to them, to be determined on a case-by-case basis, after clear
conduct for at least four consecutive risk assessments. In the case of
a loss of FSA Time Credits due to a violation of the requirements and/
or rules of an Evidence-Based Recidivism Reduction program or
Productive Activity, an inmate may have FSA Time Credits restored if
the inmate successfully completes an Evidence-Based Recidivism
Reduction program or Productive Activity assigned to the inmate based
on the inmate's risk and needs assessment after the date of the rule or
program violation, again, to be determined on a case-by-case basis.
The Bureau also proposes to make conforming amendments in 28 CFR
part 541 to regulations on inmate discipline. As part of the FSA Time
Credits proposal, the Bureau proposes to add in Sec. 541.3, Table 1
(Prohibited Acts and Available Sanctions), appropriate sanctions to
allow for forfeiture of FSA Time Credits in escalating amounts
depending on the severity level of the prohibited act committed. The
FSA Time Credit forfeiture sanctions mirror the current forfeiture
sanctions in place for loss of Good Conduct Time. If an inmate commits
a second violation of the same Low Severity prohibited act code within
a six months, that inmate may receive a sanction of forfeiture of up to
7 days of FSA Time Credits, but a third violation of the same
prohibited act within six months period may result in a sanction of
forfeiture of up to 14 days of FSA Time Credits. For commission of a
prohibited act in the Moderate category, a sanction up to 30 days of
FSA Time Credits credit may be applied. Commission of a High Severity
act may result in forfeiture of up to 60 days of FSA Time Credits, and
commission of a Greatest Severity act may result in forfeiture of up to
120 days of FSA Time Credits.
All sanctions involving loss of FSA Time Credits may only be
imposed by in the discretion of a Disciplinary Hearing Officer (DHO)
after the process described in 28 CFR part 541, and may also be
appealed through the Bureau's Administrative Remedy Process described
in 28 CFR part 542. The procedures in 28 CFR parts 541 and 542 allow
for inmate discipline and an appeals process that are both well-
established and consistent with current Bureau operations. Bureau DHOs
will use their considerable correctional experience and training, as
they currently do, and will only, after careful consideration of
several factors, including the nature and seriousness of the violation
in connection with the FSA Time Credit Program, limit appropriate
sanctions to befit the nature of the prohibited act committed.
Regulatory Analyses
Executive Orders 12866, 13563, and 13771
This proposed rule falls within a category of actions that the
Office of Management and Budget (OMB) has determined constitutes a
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was reviewed by OMB.
The economic impact of this proposed rule is limited to a specific
subset of inmates who are eligible to both earn and apply FSA Time
Credits towards additional prerelease custody or early transfer to
supervised release.
Under the FSA, FSA Time Credits may be earned by an eligible inmate
who is assessed to have a minimum or low risk for recidivating and who
has had no increased risk of recidivism over the most recent two
consecutive assessments conducted by the Bureau. Consistent with the
FSA, inmates in Bureau custody are assessed under its risk assessment
system, Prisoner Assessment Tool Targeting Estimated Risk and Need
(PATTERN), which includes both static and dynamic elements. For example
on August 27, 2020, 131,386 inmates had been assessed under PATTERN and
received a PATTERN score were in Bureau custody. The PATTERN scores for
the entire group of 131,386 were: 50,060 classifed as high; 25,043
classified as medium; 38,084 classified as low; and 18,199 classified
as minium. Of these inmates, approximately 65,000 would be ineligible
to earn FSA Time Credits under the FSA due to the inmate's crime of
conviction. This data represent a snapshot of those inmates in Bureau
custody as of August 27, 2020. The Bureau anticipates that this data
will change continually, as inmates in custody earn reductions in
PATTERN risk classification, based on program participation and other
dynamic factors, and inmates enter and release from Bureau custody.
The Bureau anticipates that as a result of this proposed rule and
the FSA, additional inmates will engage in programming to earn FSA Time
Credits. As discussed above, FSA Time Credits may be earned for
successful completion of an Evidence-Based Recidivism Reduction program
or Productive Activity that is assigned to an inmate based on the
inmate's needs assessment. The current list of these programs can be
found at: https://www.bop.gov/inmates/fsa/docs/evidence_based_recidivism_reduction_programs.pdf. These programs are
available to all inmates regardless of an inmate's elibility to earn
FSA Time Credits. At present, the Bureau has existing funding that
provides for each of the Evidence-Based Recidivism Reduction programs
and Productive Activities listed, so the Bureau will not experience
current additional programming costs as a reslt of the proposed rule.
The proposed rule may also result in movement of eligible inmates
who earn FSA Time Credits from Bureau facilities to prerelease custody
in the community (including Residential Reentry Centers (RRCs) and/or
home confinement) earlier in the course of their confinement and for a
longer period of time than would have previously occurred. In some
cases, this transfer of time from secured confinement to prerelease
custody may result in increased costs, depending on the relative costs
of the inmate's current facility and the costs associated with housing
and/or supervision in prerelease custody.
The proposed rule may also result in the early transfer of inmate
from custody to supervised release, functionally shortening their
sentences. In such cases, the Bureau would benefit from the avoidance
of costs which would otherwise have been incurred to confine the
affected inmates for that amount of time.
Notably, this proposed rule is limited to the processes for
earning, awarding, and losing FSA Time Credits, and does not address
the mechanisms through which those FSA Time Credits may be applied
towards additional time in prerelease custody or early transfer to
supervised release. Future decisions on that issue will significantly
impact the relative amount of cost increases and cost savings to the
Bureau. At present, therefore, specific costs or savings for these
future actions cannot be calculated. Further, any increased costs or
savings resulting from application of this proposed rule will only be
realized at the end of an eligible inmate's sentence, as they are
transferred to prerelease custody and/or released earlier to commence
their term of supervised release. Therefore, the increased costs or
cost savings realized from this proposed rule will not be fully
realized for years to come, as increasing
[[Page 75271]]
numbers of inmates have opportunities to earn FSA Time Credits over
their terms of incarceration. Any economic impacts will occur gradually
over time as the number of impacted inmates, and the quantity of time
credits they accrue, increase.
For these reasons, it is not possible to forecast the actual
economic effect which may occur as a result of this proposed rule.
However, given the mix of cost increases and savings which may result,
the overall long-term economic impact is expected to be marginal in
either direction.
Executive Order 13132
This proposed rule will not have substantial direct effect 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 proposed 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 proposed rule 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 proposed 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 proposed 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.
Congressional Review Act. This proposed rule is a not major rule as
defined by the Congressional Review Act, 5 U.S.C. 804. This proposed
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
28 CFR Part 523
Prisoners.
28 CFR Part 541
Administrative practice and procedure, Prisoners.
Michael D. Carvajal,
Director, Federal Bureau of Prisons.
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 propose to amend 28 CFR parts 523 and 541 as
follows:
PART 523--COMPUTATION OF SENTENCE
0
1. The authority citation for 28 CFR part 523 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1,
1987 as to offenses committed on or after that date), 3621, 3622,
3624, 3632, 3635, 4001, 4042, 4081, 4082 (Repealed in part as to
conduct occurring on or after November 1, 1987), 4161-4166 (repealed
October 12, 1984 as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984 as to conduct occurring
after that date), 5039; 28 U.S.C. 509, 510.
0
2. Add Subpart E to part 523, to read as follows:
Subpart E--First Step Act Time Credits
Sec.
523.40 Purpose.
523.41 Definitions.
523.42 Earning First Step Act Time Credits.
523.43 Loss of FSA Time Credits.
Sec. 523.40 Purpose.
(a) The purpose of this subpart is to describe time credits
authorized by 18 U.S.C. 3632(d)(4) and Section 101 of the First Step
Act of 2018 (Pub. L. 115-391, December 21, 2018, 132 Stat 5194) (FSA),
hereinafter referred to as ``FSA Time Credits''.
(b) Generally, as defined and described in this subpart, an
eligible inmate who successfully completes an Evidence-Based Recidivism
Reduction program or Productive Activity that is assigned to the inmate
based on the inmate's risk and needs assessment may earn FSA Time
Credits to be applied towards pre-release custody or early transfer to
supervised release under 18 U.S.C. 3624(g).
Sec. 523.41 Definitions.
(a) Evidence-Based Recifivism Reduction program. (1) Definition. A
group or individual activity that:
(i) Has been shown by empirical evidence to reduce recidivism or is
based on research indicating that it is likely to be effective in
reducing recidivism; and
(ii) Is designed to help prisoners succeed in their communities
upon release from prison.
(2) Types of Evidence-Based Recidivism Reduction programs.
Evidence-Based Recidivism Reduction programs may include programs
involving the following types of activities:
(i) Social learning and communication, interpersonal, anti-
bullying, rejection response, and other life skills;
(ii) Family relationship building, structured parent-child
interaction, and parenting skills;
(iii) Classes on morals or ethics;
(iv) Academic classes;
(v) Cognitive behavioral treatment;
(vi) Mentoring;
(vii) Substance abuse treatment;
(viii) Vocational training;
(ix) Faith-based classes or services;
(x) Civic engagement and reintegrative community services;
(xi) Inmate work/employment opportunities;
(xii) Victim Impact Classes or other Restorative justice programs;
and
(xiii) Trauma counseling and trauma-informed support programs.
(b) Productive activity. A group or individual activity that allow
an inmate with a minimum or low risk of recidivating to remain
productive and thereby maintain a minimum or low risk of recidivating.
(c) Successful completion. (1) An eligible inmate must successfully
complete an Evidence-Based Recidivism Reduction program or Productive
Activity before the inmate may earn FSA Time Credits for that Evidence-
Based Recidivism Reduction program or Productive Activity.
(2) The requirements to successfully complete an Evidence-Based
Recidivism Reduction program or Productive Activity are defined by the
Bureau of Prisons (Bureau) for each Evidence-Based Recidivism Reduction
program or Productive Activity. The requirements to successfully
complete an Evidence-Based Recidivism Reduction program or Productive
Activity will be based on the specific elements of each Evidence-Based
Recidivism Reduction program or Productive Activity, and may vary based
on the curricula, duration, or the specific needs or requirements of
either the Evidence-Based Recidivism Reduction program or Productive
Activity or the inmate participating.
(d) Eligible inmates. (1) Definition. An ``eligible inmate'' is any
inmate who is
[[Page 75272]]
sentenced under the U.S. Code and in the custody of the Bureau who is
not serving a term of imprisonment for a conviction specified in 18
U.S.C. 3632(d)(4)(D). Only an ``eligible inmate'' is eligible to earn
FSA Time Credits. An inmate who is in the custody of the Bureau, but is
serving a term of imprisonment pursuant to only a conviction for an
offense under the law of one of the fifty (50) states, the District of
Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the Commonwealth
of the Mariana Islands, American Samoa, or any other territory or
possession of the United States is not an ``eligible inmate.''
(2) Eligible to have FSA Time Credits applied towards pre-release
custody or early transfer to supervised release. Any inmate who is
subject to a final order of removal under immigration laws as defined
in 8 U.S.C. 1101(a)(17) is not eligible to have FSA Time Credits
applied towards pre-release custody or early transfer to supervised
release under 18 U.S.C. 3624(g).
Sec. 523.42 Earning First Step Act Time Credits.
An eligible inmate who successfully completes an Evidence-Based
Recidivism Reduction program or Productive Activity that is assigned to
the inmate based on the inmate's risk and needs assessment may earn FSA
Time Credits as follows:
(a) An eligible inmate must successfully complete each Evidence-
Based Recidivism Reduction program or Productive Activity before the
inmate may earn FSA Time Credits. FSA Time Credits will not be given
for anything less than successful completion of each Evidence-Based
Recidivism Reduction program or Productive Activity.
(b) After an eligible inmate successfully completes an Evidence-
Based Recidivism Reduction program or Productive Activity, the eligible
inmate will be awarded ten days of FSA Time Credits for every thirty
``days'' of participation in a successfully completed Evidence-Based
Recidivism Reduction program or Productive Activity. For purposes of
earning FSA Time Credits, a ``day'' is defined as one eight-hour period
of participation in an Evidence-Based Recidivism Reduction program or
Productive Activity that an eligible inmate successfully completes.
(c) Low/Minimum recidivism risk. An eligible inmate will earn an
additional five days of FSA Time Credits for every thirty ``days'' of
participation in a Evidence-Based Recidivism Reduction program or
Productive Activity that the eligible inmate successfully completes if
the inmate:
(1) Is determined by the Bureau to be at a minimum or low risk for
recidivating; and
(2) Has not increased his or her risk of recidivism over the most
recent two consecutive risk and needs assessments conducted by the
Bureau. For purposes of earning FSA Time Credits, a ``day'' is defined
as one eight-hour period of participation in an Evidence-Based
Recidivism Reduction program or Productive Activity that an eligible
inmate successfully completes.
(d) When FSA Time Credits may be earned. FSA Time Credits may only
be earned by an eligible inmate:
(1) For an Evidence-Based Recidivism Reduction program or
Productive Activity authorized by the Bureau, that is assigned to the
particular inmate based on his or her risk and needs assessment, and
which the eligible inmate successfully completes on or after January
15, 2020; and
(2) After the date that the inmate's term of imprisonment
commences. An inmate's term of imprisonment commences when the inmate
arrives or voluntarily surrenders at the designated Bureau facility
where the sentence will be served.
(3) FSA Time Credits can only be earned while an eligible inmate is
in a Bureau facility. FSA Time Credits will not be earned in a
Residential Reentry Center or on home confinement.
Sec. 523.43 Loss of FSA Time Credits.
(a) Inmates may lose earned FSA Time Credits for violation of
prison rules, or requirements and/or rules of an Evidence-Based
Recidivism Reduction program or Productive Activity. The procedures for
loss of FSA Time Credits are those described in 28 CFR part 541.
(b) Inmates may seek review of the loss of earned FSA Time Credits
through the Bureau's Administrative Remedy Program (28 CFR part 542).
(c) Inmates who have lost FSA Time Credits under this regulation
may have part or all of the FSA Time Credits restored to them, on a
case-by-case basis, after:
(1) Clear conduct for at least four consecutive risk and needs
assessments; or
(2) In the case of a loss of FSA Time Credits due to a violation of
the requirements and/or rules of an Evidence-Based Recidivism Reduction
program or Productive Activity, after successful completion of an
Evidence-Based Recidivism Reduction program or Productive Activity
assigned based on the risk and needs assessment after the date of the
rule or program violation.
PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
0
2. The authority citation for part 541 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 4161-4166 (Repealed as to offenses committed on
or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as
to offenses committed after that date), 5039; 28 U.S.C. 509, 510.
0
3. In Sec. 541.3, amend Table 1 by adding the entry B.2 under the
headings ``Available Sanctions for Greatest Severity Level Prohibited
Acts'', ``Available Sanctions for High Severity Level Prohibited
Acts'', ``Available Sanctions for Moderate Severity Level Prohibited
Acts'', and ``Available Sanctions for Low Severity Level Prohibited
Acts'' to read as follows:
Sec. 541.3 Prohibited acts and available sanctions
* * * * *
Table 1--Prohibited Acts and Available Sanctions
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Available Sanctions for Greatest Severity Level Prohibited Acts
------------------------------------------------------------------------
* * * * * * *
B.2.................. Forfeit up to 120 days of FSA Time Credits.
[[Page 75273]]
* * * * * * *
------------------------------------------------------------------------
Available Sanctions for High Severity Level Prohibited Acts
------------------------------------------------------------------------
* * * * * * *
B.2.................. Forfeit up to 60 days of FSA Time Credits.
* * * * * * *
------------------------------------------------------------------------
Available Sanctions for Moderate Severity Level Prohibited Acts
------------------------------------------------------------------------
* * * * * * *
B.2.................. Forfeit up to 30 days of FSA Time Credits.
* * * * * * *
------------------------------------------------------------------------
Available Sanctions for Low Severity Level Prohibited Acts
------------------------------------------------------------------------
* * * * * * *
B.2.................. Forfeit up to 7 days of FSA Time Credits (only
where the inmate is found to have committed a
second violation of the same prohibited act
within 6 months; forfeit up to 14 days of FSA
Time Credits (only where the inmate is found to
have committed a third violation of the same
prohibited act within 6 months).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
4. Amend Sec. 541.7, by revising paragraph (f) to read as follows:
Sec. 541.7 Unit Discipline Committee (UDC) review of the incident
report.
* * * * *
(f) Sanctions. If you committed a prohibited act or acts, the UDC
can impose any of the available sanctions in Tables 1 and 2, except
loss of good conduct sentence credit, FSA Time Credits, disciplinary
segregation, or monetary fines.
[FR Doc. 2020-25597 Filed 11-24-20; 8:45 am]
BILLING CODE 4410-05-P
