Department of Justice July 2008 – Federal Register Recent Federal Regulation Documents
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Criminal Intelligence Systems Operating Policies
The Office of Justice Programs is publishing this proposed rule to amend its regulations that govern the operating policies of criminal intelligence systems that receive federal funding under the Omnibus Crime Control and Safe Streets Act of 1968, as amended (``Crime Control Act''). The regulations were issued pursuant to 42 U.S.C. 3789(g), which requires that ``criminal intelligence systems'' receiving Crime Control Act support must collect, maintain, and disseminate criminal intelligence information ``in conformance with policy standards which are prescribed by the Office of Justice Programs.'' The statute specifies that the policy standards must be written to assure that the funding and operation of the systems further the purpose of the funding provisions and assure that such systems ``are not utilized in violation of the privacy and constitutional rights of individuals.'' The existing regulations were last revised in 1993 and the purpose of the revisions proposed in this document is to clarify and update the regulations in light of the new, post-9/11 information sharing environment and investigative policies aimed at preventing terrorism.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
This rule proposes to change the rules and procedures concerning the standards of representation and professional conduct for attorneys and other practitioners who appear before the Executive Office for Immigration Review (EOIR), which includes the immigration judges and the Board of Immigration Appeals (Board), and to clarify who is authorized to represent and appear on behalf of individuals in proceedings before the Board and the immigration judges. Current regulations set forth who may represent individuals in proceedings before EOIR and also set forth the rules and procedures for imposing disciplinary sanctions against attorneys or other practitioners who engage in criminal, unethical, frivolous, or unprofessional conduct before EOIR. The proposed revisions would increase the number of grounds for discipline and improve the clarity and uniformity of the existing rules while incorporating miscellaneous technical and procedural changes. The changes proposed herein are based upon the Attorney General's recent initiative for improving the adjudicatory processes for the immigration judges and the Board, as well as EOIR's operational experience in administering the disciplinary program since the current process was established in 2000.
Control of a Chemical Precursor Used in the Illicit Manufacture of Fentanyl as a List I Chemical
The Drug Enforcement Administration (DEA) is finalizing the Interim Rule with Request for Comment published in the Federal Register on April 23, 2007. The Interim Rule controlled the chemical N- phenethyl-4-piperidone (NPP) as a List I chemical under the Controlled Substances Act. Clandestine laboratories are using this chemical to illicitly manufacture the schedule II controlled substance fentanyl. No comments to the Interim Rule were received. This Final Rule finalizes the regulations without change.
Solicitation for a Cooperative Agreement: To Develop a Series of Papers on Parole
The National Institute of Corrections (NIC) is soliciting proposals from organizations, groups or individuals who would like to enter into a cooperative agreement with NIC to develop a series of five papers related to parole with a primary audience of parole board members, parole staff, governors, appointing authorities, and related criminal justice agencies. The five papers will be developed over an eighteen month time. The initial paper will address core competencies for parole board members and executive parole staff in paroling authorities. Additional topics for this series will be determined by NIC and the vendor. Project Goal: The overall goal of the initial paper is the development of a document on core competencies for parole board members and executive staff. This document will address the following: Describe the competencies needed to be a parole board member, parole chair and executive parole staff; Clarify how the competencies relate to the role of parole with other stakeholders within the criminal justice systems; Describe the organizational structures within the parole office that support the development and operation of competencies; Examine how competencies promote the use of EBP in parole and revocation decision making; Illustrate how governors, appointing authorities, and parole boards can use the competencies to make selection and hiring decisions. The core competencies must conform to the principles presented in the documents ``Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices'', the ``Correctional Leadership Competencies for the 21st Century for Executives and Senior-Level Leaders'', and the ``Correctional Leadership Competencies for the 21st Century for Manager and Supervisor Levels''. These documents can be found at the following links: https://nicic.org/Downloads/PDF/Library/ 022906.pdf (NIC Accession no. 022906), https://www.nicic.org/pubs/2005/ 020474.pdf (NIC Accession no. 020474) and https://nicic.org/Downloads/ PDF/Library/020475.pdf (NIC Accession no. 020475).
Redelegation of Functions
This rule makes one revision to the Drug Enforcement Administration's (DEA) regulations concerning agency management. Additional personnel are authorized to sign and issue administrative subpoenas.
Inmate Work and Performance Pay Program: Reduction in Pay for Drug- and Alcohol-Related Disciplinary Offenses
In this document, the Bureau of Prisons (Bureau) amends regulations on inmate work and performance pay to require that inmates receiving performance pay who are found through the disciplinary process (found in 28 CFR part 541) to have committed a level 100 or 200 series drug-or alcohol-related prohibited act will automatically have their performance pay reduced to maintenance pay level and will be removed from any assigned work detail outside the secure perimeter of the institution.
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