Inmate Furloughs

AGENCY:

Bureau of Prisons, Justice.

ACTION:

Proposed rule.

SUMMARY:

In this document, the Bureau of Prisons (Bureau) proposes to revise its Federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs.

DATES:

Comments are due by February 5, 2007.

ADDRESSES:

Our e-mail address is BOPRULES@BOP.GOV. Comments should be submitted to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to BOP at BOPRULES@BOP.GOV or by using the http://www.regulations.gov comment form for this regulation. When submitting comments electronically you must include the BOP Docket No. in the subject box.

FOR FURTHER INFORMATION CONTACT:

Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION:

The Bureau proposes to revise its Federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs. In the proposed rules, we also seek to reorganize and clarify the rules, while eliminating language that constitutes agency guidance to staff. Any such guidance language will be retained in the relevant Bureau policy. Below is an analysis of each new proposed section.

Proposed § 570.30 Purpose

This section states that these rules describe the procedures governing the Bureau's furlough program, authorized by 18 U.S.C. 3622. The current rule contains language indicating that the Bureau has a furlough program to help inmates attain correctional goals, and that a furlough is a privilege, but not a right, reward, or means to shorten a sentence. We remove this language because the specific reasons for furlough, eligibility requirements, and conditions for furlough are described in more detail in the other regulations in this subpart.

Proposed § 570.31 Inmate Eligibility for Furloughs

In this section we state that sentenced inmates housed in Bureau facilities and some pretrial inmates may be eligible for furloughs. Sentenced inmates in Bureau facilities who are classified as central inmate monitoring cases may only participate after complying with other central inmate monitoring rules found in Part 524, Subpart F.

We also state that sentenced inmates in contract facilities are not eligible for furloughs, but may apply for furloughs as specified in that facility's written agreement with the Bureau. Also, inmates who are U.S. Marshals prisoners housed in contract facilities are not eligible to participate, but must direct any furlough requests to the U.S. Marshals.

Proposed § 570.32 Types of Furloughs

This section defines a furlough as a Warden-authorized absence from an institution by an inmate who is not under escort of a staff member, U.S. Marshal, or State or Federal agents. The two types of furloughs described by this rule are transfer furloughs and non-transfer furloughs. Non-transfer furloughs are further classified depending on the purpose of the furlough (emergency or routine), and length (day or overnight). This section more accurately defines furloughs than current 570.31 (Definitions).

Proposed § 570.33 Justification for Furlough

This section describes the reasons that the Warden or designee may authorize a furlough. This section is derived from current 570.32 (Justification for furlough). Provisions in current 570.32 relating solely to staff guidance have been removed.

Proposed § 570.34 Expenses of Furlough

This section states that all expenses of a furlough are the responsibility of the inmate, the inmate's family, or other appropriate source approved by the Warden, except that the government may bear the expense of a furlough if it is for the government's primary benefit. This section derives from current 570.33. Language in current 570.33 relating to transfer to community confinement has been removed from the proposed rule because transfer furloughs will be described in proposed 570.35.

Proposed § 570.35 Transfer Furlough Eligibility Requirements

This section states that inmates transferring to administrative, low, medium, or high security facilities are generally not eligible for participation in the Bureau's transfer furlough program. This section also describes eligibility requirements for a transfer furlough, and derives from current 570.34 (a)-(d) (Eligibility requirements). Language relating solely to staff guidance in current 570.34 is removed from this proposed rule.

This section also more clearly describes specific eligibility requirements for specific types of transfer furloughs. Inmates transferring to minimum security facilities must be transferring from a low or minimum security facility and must be appropriate for placement in a minimum security facility based on the inmate's security designation and custody classification at the time of transfer. Inmates transferring to community confinement must also be appropriate for placement in community confinement based on the security designation and custody classification at the time of transfer.

Proposed § 570.36 Non-Transfer Furlough Eligibility Requirements

This section contains a chart which clarifies the eligibility requirements for non-transfer furloughs. The chart in this section derives from current 570.34 (d)-(e), which describes the types of non-transfer furloughs an inmate may be eligible for, based on the inmate's length of confinement or time remaining on the inmate's sentence.

This section also describes circumstances under which Wardens will ordinarily deny non-transfer furloughs. This section derives from current § 570.35. Language in current § 570.35 relating solely to staff guidance and processing instructions has been removed from the proposed rule.

Proposed § 570.37 Procedures for Applying for a Furlough

This section describes how an inmate may apply for a furlough, how the inmate will be notified of the Warden's decision on the furlough application, and how to appeal the decision. This section derives from current 570.36(a)-(c)(Procedures).

Proposed § 570.38 Conditions of Furlough

This section derives from a form contained in current 570.36(d) and from language in 570.37 (Violation of furlough). The form will be retained in relevant policy documents and will continue to be used by staff and inmates. This proposed rule lists the conditions of furlough described in the current rule, and states that an inmate must agree to comply with these conditions before a furlough can be approved.

Executive Order 12866

This rule falls within a category of actions that the Office of Management and Budget (OMB) has determined not to constitute “significant regulatory actions” under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB.

The Bureau has assessed the costs and benefits of this rule as required by Executive Order 12866 Section 1(b)(6) and has made a reasoned determination that the benefits of this rule justify its costs. This rule will provide a more accurate description of the inmate furlough program. There will be no new costs associated with this rulemaking.

Executive Order 13132

This regulation will not have substantial direct effects 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 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 regulation 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 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 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.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This 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 in 28 CFR Part 570

• Prisoners

Accordingly, 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 are proposing to amend 28 CFR part 570 as set forth below.

Subchapter D—Community Programs and Release

PART 570—COMMUNITY PROGRAMS

1. The authority citation for 28 CFR part 570 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.

2. Revise part 570, subpart C, to read as follows:

Subpart C—Furloughs