Bureau of Prisons – Federal Register Recent Federal Regulation Documents

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.

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.

This notice publishes the Fiscal Year (FY) 2021 and FY 2022 Cost of Incarceration Fee (COIF) for Federal inmates.

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.

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.

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.

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.

This Notice publishes the Fiscal Year (FY) 2018 Cost of Incarceration Fee (COIF) for Federal inmates. (Note: There were 365 days in FY 2018.)

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.

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).

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.

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.

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.

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.

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).

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.

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).

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.

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.

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).

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.

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.

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.

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.

In this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of progress reports: Transfer reports and triennial reports.