Bureau of Prisons – Federal Register Recent Federal Regulation Documents

Annual Determination of Average Cost of Incarceration Fee (COIF)
Document Number: 2024-28743
Type: Notice
Date: 2024-12-06
Agency: Department of Justice, Bureau of Prisons
Pursuant to regulations, the Bureau of Prisons publishes the Fiscal Year (FY) 2023 Cost of Incarceration Fee (COIF) for Federal inmates.
Inmate Legal Activities: Visits by Attorneys
Document Number: 2024-02470
Type: Rule
Date: 2024-02-07
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) amends regulations in 28 CFR part 543, subpart BInmate Legal Activities to revise procedures governing attorney visits.
Inmate Discipline Program: Disciplinary Segregation and Prohibited Act Code Changes
Document Number: 2024-01088
Type: Proposed Rule
Date: 2024-02-01
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to amend, clarify, and streamline inmate discipline regulations to conform with current practice; to adopt recommendations of the January 2016 U.S. Department of Justice Report and Recommendations Concerning the Use of Restrictive Housing to reduce the potential length of the disciplinary segregation sanction; and to amend and clarify the list of prohibited act codes.
Federal Tort Claims Act-Technical Changes; Correction
Document Number: 2023-28011
Type: Rule
Date: 2023-12-20
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) corrects inadvertent errors and omissions in its regulations caused by errors in the interim final rule titled ``Federal Tort Claims ActTechnical Changes'' published in the Federal Register on November 7, 2023.
Reservation of Funds for Reentry Under the First Step Act
Document Number: 2023-24619
Type: Proposed Rule
Date: 2023-11-08
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (BOP) proposes to add a regulation implementing a provision of the First Step Act (FSA) that requires Federal Prison Industries (FPI) and the BOP to reserve a portion of the compensation inmates would otherwise receive for working to assist these inmates with costs associated with release from prison upon completion of their sentence through release from custody, placement in pre-release custody (e.g., home confinement or Residential Reentry Center), or conditional release.
Federal Tort Claims Act-Technical Changes
Document Number: 2023-24384
Type: Rule
Date: 2023-11-07
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) makes minor revisions to our regulations regarding the Federal Tort Claims Act that clarify requirements for presenting claims and correct obsolete and/or incorrect references to Bureau offices.
Annual Determination of Average Cost of Incarceration Fee (COIF)
Document Number: 2023-20585
Type: Notice
Date: 2023-09-22
Agency: Department of Justice, Bureau of Prisons
This notice publishes the Fiscal Year (FY) 2021 and FY 2022 Cost of Incarceration Fee (COIF) for Federal inmates.
Inmate Financial Responsibility Program: Procedures
Document Number: 2023-00244
Type: Proposed Rule
Date: 2023-01-10
Agency: Department of Justice, Bureau of Prisons
This proposed rule would update and streamline regulations regarding the Inmate Financial Responsibility Program (IFRP).
Good Conduct Time Credit Under the First Step Act
Document Number: 2022-02876
Type: Rule
Date: 2022-02-11
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau or BOP) modifies regulations on Good Conduct Time (GCT) credit to conform with legislative changes under the First Step Act (FSA). The changes made by the FSA to the process for awarding GCT credit have resulted in recalculation of the release date of most inmates. This final rule adopts the same calculation method set forth in the proposed rule published on this subject, and finalizes that proposed rule with the following minor change(s) described below.
FSA Time Credits
Document Number: 2022-00918
Type: Rule
Date: 2022-01-19
Agency: Department of Justice, Bureau of Prisons
This rule codifies the Bureau of Prisons' (Bureau or BOP) procedures regarding the earning and application of time credits as authorized by the First Step Act of 2018 (FSA), hereinafter referred to as ``FSA Time Credits'' or ``Time Credits.'' The FSA provides that eligible inmates earn FSA Time Credits toward prerelease custody or early transfer to supervised release for successfully completing approved Evidence-Based Recidivism Reduction (EBRR) Programs or Productive Activities (PAs) assigned to each inmate based on the inmate's risk and needs assessment. Inmates eligible to apply Time Credits under the FSA include individuals sentenced under the U.S. Code. As required by the FSA, an inmate cannot earn FSA Time Credits if that inmate is serving a sentence for a disqualifying offense or has a disqualifying prior conviction. However, such inmates may still earn other benefits for successfully completing recidivism reduction programming, such as increased privileges (commissary, visiting, and telephone) for participation in EBRR Programs or PAs, as authorized by the Bureau.
FSA Time Credits
Document Number: 2021-22613
Type: Proposed Rule
Date: 2021-10-18
Agency: Department of Justice, Bureau of Prisons
On November 25, 2020, the Bureau of Prisons (Bureau) published a proposed rule to revise its procedures regarding time credits as authorized by the First Step Act of 2018 (FSA), hereinafter referred to as ``FSA Time Credits.'' The comment period for that rule closed on January 25, 2021. The Bureau is reopening the comment period for an additional 30-day period to request further public comment on the applicability of the FSA Time Credits to D.C. Code Offenders.
Annual Determination of Average Cost of Incarceration Fee (COIF)
Document Number: 2021-18800
Type: Notice
Date: 2021-09-01
Agency: Department of Justice, Bureau of Prisons
This Notice publishes the Fiscal Year (FY) 2019 and 2020 Cost of Incarceration Fee (COIF) for Federal inmates.
FSA Time Credits
Document Number: 2020-25597
Type: Proposed Rule
Date: 2020-11-25
Agency: Department of Justice, Bureau of Prisons
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.
Inmate Discipline Program: New Prohibited Act Code for Pressuring Inmates for Legal Documents.
Document Number: 2020-21486
Type: Rule
Date: 2020-10-19
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) adds a new code to the list of prohibited act codes in the inmate discipline regulations which will clarify that the Bureau may discipline inmates for pressuring or otherwise intimidating other inmates into producing copies of their own legal documents, such as pre-sentence reports (PSRs), or statement of reasons (SORs).
Video Visiting and Telephone Calls Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Document Number: 2020-13004
Type: Rule
Date: 2020-06-22
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons amends its regulations to provide inmates in federal custody with the opportunity for free video- teleconferencing and telephone usage during the national emergency with respect to Coronavirus Disease 2019.
Good Conduct Time Credit Under the First Step Act
Document Number: 2019-27976
Type: Proposed Rule
Date: 2019-12-31
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) proposes to modify regulations on Good Conduct Time (GCT) credit to conform with recent legislative changes under the First Step Act (FSA), which would result in recalculation of the release date of most current inmates. However, as provided in the FSA, this change will not be effective until the Attorney General completes and releases the risk and needs assessment system.
Annual Determination of Average Cost of Incarceration Fee (COIF)
Document Number: 2019-24942
Type: Notice
Date: 2019-11-19
Agency: Department of Justice, Bureau of Prisons
This Notice publishes the Fiscal Year (FY) 2018 Cost of Incarceration Fee (COIF) for Federal inmates. (Note: There were 365 days in FY 2018.)
Inmate Discipline Program: New Prohibited Act Code for Pressuring Inmates for Legal Documents
Document Number: 2019-24935
Type: Proposed Rule
Date: 2019-11-19
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to add a new code to the list of prohibited act codes in the inmate discipline regulations which will clarify that the Bureau may discipline inmates for pressuring or otherwise intimidating other inmates into producing copies of their own legal documents, such as pre-sentence reports (PSRs), or statement of reasons (SORs).
Annual Determination of Average Cost of Incarceration
Document Number: 2018-09062
Type: Notice
Date: 2018-04-30
Agency: Department of Justice, Bureau of Prisons
This Notice publishes the annual determination of average cost of incarceration for the Fiscal Years (FY) 2016 and 2017. The fee to cover the average cost of incarceration for Federal inmates was $34,704.12 ($94.82 per day) in FY 2016 and $36,299.25 ($99.45 per day) in FY 2017. The average annual cost to confine an inmate in a Residential Re-entry Center was $29,166.54 ($79.69 per day) for FY 2016 and $32,309.80 ($88.52 per day) for FY 2017.
Annual Determination of Average Cost of Incarceration
Document Number: 2016-17040
Type: Notice
Date: 2016-07-19
Agency: Department of Justice, Bureau of Prisons
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2015 was $31,977.65 ($87.61 per day). (Please note: There were 365 days in FY 2015.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2015 was $26,082.90 ($71.46 per day).
Compassionate Release
Document Number: 2016-13294
Type: Proposed Rule
Date: 2016-06-07
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) proposes changes to its regulations on compassionate release, including changing the title to ``Reduction in Sentence in Extraordinary and Compelling Circumstances''; deleting language which indicates that the Bureau will only allow reductions in sentence for circumstances ``which could not reasonably have been foreseen by the court at the time of sentencing''; and modifying and adding language to clarify the ineligibility of certain inmates for reductions in sentence and the eligibility of District of Columbia Code felony inmates (D.C. Code felony inmates) for medical and geriatric release.
Drug Abuse Treatment Program
Document Number: 2016-09613
Type: Rule
Date: 2016-04-26
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) revises the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates.
Use of Chemical Agents or Other Less-Than-Lethal Force in Immediate Use of Force Situations
Document Number: 2016-04069
Type: Proposed Rule
Date: 2016-02-29
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents or other less-than- lethal force to provide that such use is authorized for staff in immediate use of force (emergency) situations.
Designation of Offenses
Document Number: 2016-00385
Type: Rule
Date: 2016-01-14
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.
Infectious Disease Management: Voluntary and Involuntary Testing
Document Number: 2015-29790
Type: Proposed Rule
Date: 2015-11-24
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons proposes two minor revisions to its regulations on the management of infectious diseases. One change would remove the requirement for HIV pre-test counseling for inmates, because the counseling requirement has become an obstacle to necessary testing. Inmates testing positive for HIV will continue to receive HIV post-test counseling. The second change would alter language regarding tuberculosis (TB) testing to clarify that it is testing for the TB infection, but not ``skin testing.'' This would account for advances in medical technology that allow for newer testing methods.
Inmate Commissary Account Deposit Procedures
Document Number: 2015-16637
Type: Proposed Rule
Date: 2015-07-07
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to amend its regulations on inmate commissary account deposit procedures and requirements to provide clarification. Specifically, the amendments will clarify that, regardless of the form or method of the deposit (by mail or electronic deposit), the Bureau is authorized to obtain transaction information about the sender, and the sender is required to provide such information to the Bureau and its authorized service providers if the sender seeks to deposit funds in an inmate's commissary account.
Commutation of Sentence: Technical Change
Document Number: 2015-16635
Type: Rule
Date: 2015-07-07
Agency: Department of Justice, Bureau of Prisons
This document finalizes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence commutation which clarifies that Bureau staff, other than institution-level staff, will recalculate the inmate's sentence in accordance with the terms of the commutation order if a petition for commutation of sentence is granted.
Transfer of Offenders to Foreign Countries
Document Number: 2015-16610
Type: Rule
Date: 2015-07-07
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) streamlines regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant Bureau policy.
Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-Ray Devices-Clarification of Terminology
Document Number: 2015-13710
Type: Rule
Date: 2015-06-05
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) clarifies that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the inmate's consent, or Regional Director approval, for use as search devices.
Annual Determination of Average Cost of Incarceration
Document Number: 2015-05437
Type: Notice
Date: 2015-03-09
Agency: Department of Justice, Bureau of Prisons
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2014 was $30,619.85 ($83.89 per day). (Please note: There were 365 days in FY 2014.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2014 was $28,999.25 ($79.45 per day).
Communications Management Units
Document Number: 2015-01024
Type: Rule
Date: 2015-01-22
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) finalizes regulations that establish and describe Communications Management Units (CMUs) by regulation. The CMUs regulations serve to detail the specific restrictions that may be imposed in the CMUs in a way that current regulations authorize but do not detail. CMUs are designed to provide an inmate housing unit environment that enables staff monitoring of all communications between inmates in a Communications Management Unit (CMU) and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security, and orderly operation of correctional facilities, and protection of the public. These regulations represent a ``floor'' beneath which communications cannot be further restricted. The Bureau currently operates CMUs in two of its facilities. This rule clarifies existing Bureau practices with respect to CMUs.
Good Conduct Time: Alternative Adult Literacy Programs
Document Number: 2015-00144
Type: Proposed Rule
Date: 2015-01-09
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to amend its rules on Good Conduct Time (GCT) and Literacy. The purpose of this proposed rule is to provide effective literacy programming alternatives to the General Educational Development (GED) program that more effectively meet the specialized needs of inmates. This will also have the added benefit of reducing lengthy waiting lists for the GED program. This proposed rule will exempt inmates from the ``satisfactory progress'' provision of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) and/or the Prison Litigation Reform Act of 1995 (PLRA) if they participate in an ``authorized alternative adult literacy program.'' The Bureau's Literacy Program rules, which currently contemplate only GED attainment, would also be revised to allow for ``authorized alternative adult literacy programs.'' This change means that inmates participating in ``authorized alternative adult literacy programs'' will not need to demonstrate satisfactory progress toward earning a GED credential to be considered for the full benefits of GCT. Other than the change regarding inmates in ``authorized alternative adult literacy programs,'' we propose no further substantive changes.
Smoking/No Smoking Areas
Document Number: 2014-28620
Type: Rule
Date: 2014-12-08
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) finalizes without change a proposed rule that was published on this subject on May 12, 2006, to revise regulations pertaining to smoking/no smoking in Bureau facilities. The revised regulations generally prohibit smoking in and on the grounds of Bureau institutions and offices, except as part of an authorized inmate religious activity; and, for Bureau staff and official visitors, only in smoking areas designated by the Warden. Possession of smoking apparatus and tobacco in any form is prohibited for inmates under this rule, unless as part of an authorized inmate religious activity. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.
Annual Determination of Average Cost of Incarceration
Document Number: 2014-10859
Type: Notice
Date: 2014-05-12
Agency: Department of Justice, Bureau of Prisons
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2013 was $29,291.25 ($80.25 per day). (Please note: There were 365 days in FY 2013.) The average annual cost to confine an inmate in a Residential Re-entry Center for Fiscal Year 2013 was $26,612.15 ($72.91 per day).
Communication Management Units
Document Number: 2014-05083
Type: Proposed Rule
Date: 2014-03-10
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) reopens the comment period of the proposed rule published on April 6, 2010 (75 FR 17324) which proposed to establish and describe Communication Management Units (CMUs) by regulation. We now reopen the comment period for fifteen (15) additional days in order to allow inmates and interested parties additional opportunity to comment.
Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices-Clarification of Terminology
Document Number: 2014-03240
Type: Proposed Rule
Date: 2014-02-14
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to clarify that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the inmate's consent, or Regional Director approval, for use as search devices.
Transfer of Offenders to Foreign Countries
Document Number: 2013-31021
Type: Proposed Rule
Date: 2014-01-02
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) proposes to streamline its regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant Bureau policy.
Compassionate Release
Document Number: 2013-29076
Type: Rule
Date: 2013-12-05
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) changes its regulations on compassionate release, to provide that when considering an inmate for reduction in sentence, the General Counsel will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced; and the final decision is subject to the general supervision and direction of the Attorney General and Deputy Attorney General.
Progress Reports Rules Revision
Document Number: 2013-25166
Type: Rule
Date: 2013-10-25
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) removes from regulations and/or modifies two types of progress reports: transfer reports and triennial reports.
Annual Determination of Average Cost of Incarceration
Document Number: 2013-19852
Type: Notice
Date: 2013-08-15
Agency: Department of Justice, Bureau of Prisons
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2012 was $29,027.46 ($79.31 per day). (Please note: There were 366 days in FY 2012.) The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2012 was $27,003 ($73.78 per day).
Annual Determination of Average Cost of Incarceration
Document Number: 2013-06139
Type: Notice
Date: 2013-03-18
Agency: Department of Justice, Bureau of Prisons
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2011 was $28,893.40. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2011 was $26,163.
Compassionate Release; Technical Changes
Document Number: 2013-04589
Type: Rule
Date: 2013-02-28
Agency: Department of Justice, Bureau of Prisons
In this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of review from the processing of a Compassionate Release request packet.
Designation of Offenses
Document Number: 2013-02765
Type: Proposed Rule
Date: 2013-02-08
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) proposes to remove rules which designate various offenses as sexual offenses for purposes of U.S. Code because that provision, which necessitated regulations, has been repealed in relevant part.
Inmate Communication With News Media: Removal of Byline Regulations
Document Number: 2012-7971
Type: Rule
Date: 2012-04-03
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) finalizes an interim rule published April 23, 2010, regarding inmate contact with the community which deleted two previous Bureau regulations that prohibited inmates from publishing under a byline, due to a recent court ruling invalidating Bureau regulation language containing this prohibition.
Literacy Program
Document Number: 2011-30400
Type: Rule
Date: 2011-11-25
Agency: Department of Justice, Bureau of Prisons
This document finalizes the Bureau's Literacy Program regulations, published as an interim rule on September 26, 1997 (62 FR 50791). The Bureau amended its regulations on the literacy program for the sake of clarification or simplification.
Classification and Program Review
Document Number: 2011-27179
Type: Proposed Rule
Date: 2011-10-21
Agency: Department of Justice, Bureau of Prisons, Prisons Bureau
In this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on classification and program review to ensure that classification and program review procedures adequately address inmate needs. This proposed rule also adds a new type of review, the ``progress review.'' A progress review will be an abbreviated program review meant to focus on an inmate's programming activities. This shortened version of the more thorough program review will facilitate more efficiently-used staff and inmate time, in that it will primarily focus on any new or changed aspects of an inmate's initial classification and participation in recommended programs. Inmates who have 36 months or more until their projected release date will receive alternating program and progress reviews at least once every 180 calendar days, a practice that will allow the Bureau to more efficiently utilize staff time and resources. The process will also allow staff to devote more time and resources to the reviews of inmates who are closer to their release dates, enabling the Bureau to better fulfill its mission to prepare inmates for eventual release into communities within the United States.
Pre-Release Community Confinement
Document Number: 2011-23684
Type: Proposed Rule
Date: 2011-09-20
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons (Bureau) responds to recent litigation surrounding the pre-release community confinement regulation which it published on October 21, 2008 by publishing a proposed rule on this subject.
Annual Determination of Average Cost of Incarceration
Document Number: 2011-23689
Type: Notice
Date: 2011-09-15
Agency: Department of Justice, Bureau of Prisons, Prisons Bureau
The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2010 was $28,284. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2010 was $25,838.
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