Prisons Bureau 2006 – Federal Register Recent Federal Regulation Documents

The Bureau of Prisons (Bureau) is revising its regulations on procedures for reductions in sentence (RIS) for medical reasons. 28 CFR Part 571, Subpart G, is currently entitled ``Compassionate Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A)(i) and 4205(g)).'' We are revising these regulations to (1) more accurately reflect our authority under these statutes and our current policy, (2) clarify procedures for RIS consideration, and (3) describe procedures for RIS consideration of D.C. Code offenders, for whom the Bureau has responsibility under the National Capital Revitalization and Self- Government Improvement Act of 1997 (D.C. Revitalization Act), D.C. Official Code Sec. 24-101(b). The new Subpart G will be entitled ``Reduction in Sentence for Medical Reasons.''

In this document, the Bureau of Prisons (Bureau) proposes to amend 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.

In this document, the Bureau of Prisons (Bureau) proposes to extend early release consideration to D.C. Code offenders pursuant to D.C. Code Sec. 24-403.01.

The U.S. Department of Justice, Federal Bureau of Prisons (BOP) announces the availability of the Record of Decision (ROD) concerning the Environmental Impact Statement (EIS) for the proposed development of a Federal Correctional Institution to be located in Berlin, Coos County, New Hampshire. Background Information: Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 and the Council of Environmental Quality Regulations (40 CFR Parts 1500-1508), BOP has prepared Draft and Final EISs for the development of a medium-security Federal Correctional Institution to house approximately 1,230 adult male inmates, a satellite work camp to house approximately 128 minimum- security inmates, staff training facilities, and ancillary facilities in Berlin, New Hampshire. Project Information: The BOP is responsible for carrying out judgements of the Federal courts whenever a period of confinement is ordered. Subsequently, the mission of the BOP is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. Approximately 162,200 inmates are currently housed within the 114 federal correctional institutions that have levels of security ranging from minimum to maximum; a number exceeding the combined rated capacities of all federal correctional facilities. Measures being taken to manage the growth of the federal inmate population include construction of new institutions, acquisition and adaptation of facilities originally intended for other purposes, expansion and improvement of existing correctional facilities, and expanded use of contract beds. Adding capacity through these various means allows the BOP to work toward the long-term goal of reduced system-wide crowding. The proposed action in Berlin, New Hampshire, is part of the BOP's comprehensive expansion effort and would consist of construction and operation of a medium-security Federal Correctional Institution, a satellite work camp to house minimum-security inmates, staff training facilities, along with ancillary facilities. The principal function of the correctional facility would be to provide a safe, secure and humane environment for the care and custody of federal inmates, primarily from the Northeast region of the country. Upon activation, the facility would have a staff of approximately 300 to 350 full-time employees who would provide 24-hour supervision. Development of the proposed facility will necessitate the acquisition of approximately 700 acres of land by the BOP exclusive of lands which may be acquired for mitigation purposes. The BOP evaluated alternatives as part of the EIS including the No Action Alternative, development of the proposed project at alternative locations nationwide, development of the proposed project at alternative locations within the Northeast United States, and development of the proposed project at one of four alternative sites located in Berlin, New Hampshire. Each of the four alternative sites located in Berlin, New Hampshire, is examined in detail in the Draft and Final EISs with development of the proposed project at Site A1 located northeast of downtown Berlin identified by the Draft and Final EISs as the Preferred Alternative. The BOP issued a Draft EIS in March 2006 with publication of the Notice of Availability (NOA) in the Federal Register on March 24, 2006. The NOA provided for a 45-day public comment period which began on March 24, 2006, and ended on May 8, 2006. During the public comment period, the BOP held a public hearing concerning the proposed action and the Draft EIS on April 19, 2006. Approximately 200 individuals attended the public hearing which was held in Berlin, New Hampshire. The Final EIS addressed comments received on the Draft EIS and publication of the NOA in the Federal Register concerning the Final EIS occurred on August 11, 2006. The 30-day review period for receipt of public comments concerning the Final EIS ended on September 11, 2006. Approximately 500 comment letters, post cards, and other forms of communication were received by the BOP during the Final EIS public review period. The comment letters received on the Final EIS are similar to comments received by the BOP on the Draft EIS and were considered in the decision presented in the ROD. BOP provided written notices of the availability of the Draft EIS and Final EIS in the Federal Register, two newspapers with local and regional circulations, and through three local public libraries. The BOP also distributed approximately 175 copies (each) of the Draft EIS and Final EIS to federal and state agencies, state and local governments, elected officials, interested organizations, and individuals. Availability of Record of Decision: The Record of Decision and other information regarding this project are available upon request. To request a copy of the Record of Decision, please contact: Pamela J. Chandler, Chief, or Issac J. Gaston, Site Selection Specialist, Site Selection and Environmental Review Branch, Federal Bureau of Prisons, 320 First Street, NW., Washington, DC 20534 Tel: 202-514-6470 Fax: 202- 616-6024 / E-mail: pchandler@bop.govigaston@bop.gov

To help ensure the safe operation of Federal Prisons, this rule proposes prohibiting all persons from possessing or introducing personal firearms, or attempting, aiding, or abetting possession or introduction of personal firearms, on the grounds of Bureau of Prisons facilities, with exceptions for possession of personal firearms: (1) As required in the performance of official law enforcement duties; (2) on Bureau firing ranges by law enforcement personnel, as authorized by the Warden; and (3) in Warden-designated secure locations by Bureau employees who reside on Bureau grounds.

In this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: Smoking is permitted as part of an authorized inmate religious activity; and, for Bureau staff and official visitors, smoking is permitted only in smoking areas designated by the Warden. This rule also clarifies that possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity. Smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.