[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Proposed Rules]
[Pages 57012-57013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23687]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-AB60-P]
RIN 1120-AB60
Progress Reports Rules Revision
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: 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.
DATES: Comments are due by November 14, 2011.
ADDRESSES: Submit comments 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 the
Bureau 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:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``Personal Identifying
Information'' in the first paragraph of your comment. You must also
locate all the personal identifying information you do not want posted
online in the first paragraph of your comment and identify what
information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``Confidential Business Information'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
http://www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the ``For Additional Information'' paragraph.
In this document, the Bureau proposes to remove from regulations
and/or modify two types of progress reports: Transfer reports and
triennial reports.
Section 524.41, entitled ``Types of progress reports,'' lists
several types of progress reports prepared for non-Bureau entities,
such as for parole hearings, pre-release, final (prepared 90 days
before an inmate's release to a term of supervision), and for other
reasons (such as upon court request or a clemency review). The current
regulations also identify two types of progress reports that were
primarily intended for internal Bureau purposes: Those prepared when
inmates transfer to community confinement or another institution, and
those prepared triennially if not more frequently done for any other
reason.
Transfer Reports. The current regulations define ``transfer
report'' as one prepared on an inmate recommended and/or approved for
transfer to community confinement or to another institution and whose
progress has not been summarized within the previous 180 days. The
Bureau proposes to modify this definition to indicate that transfer
reports will only be prepared on inmates transferring to non-Bureau
facilities.
Current Bureau practice and advances in technology have obviated
the need to prepare a specific paper report when an inmate is
transferred between Bureau facilities. When an inmate is transferred,
all pertinent information regarding the progress of an inmate being
transferred has already been updated in the Bureau's computer system,
which staff may access at all Bureau facilities and in community
confinement. It is, therefore, unnecessary for a separate and specific
progress report to be prepared by staff at the transferring Bureau
facility for staff at the receiving Bureau facility, when receiving
facility staff can easily access this information themselves.
However, when an inmate is transferring outside the Bureau, to a
state facility, non-Bureau community confinement, or other non-Bureau
facility, staff at that facility may not have access to the Bureau's
computer system. Therefore, it would be necessary for Bureau staff to
prepare a transfer report detailing an inmate's progress in the Bureau
facility for the benefit of staff at the non-Bureau facility.
Triennial Reports. The Bureau also proposes to delete triennial
reports as a type of progress report. Current regulations state that a
progress report will be prepared on each designated inmate at least
once every 36 months if not previously generated for another reason.
Before the development of this internal Bureau computer information
network, triennial reports were a necessary tool used to provide staff
with specific inmate information. As explained above, however, current
Bureau practice and advances in technology have obviated the need to
prepare a specific progress report every 36 months, because all
information regarding an inmate's progress is continually updated in
the Bureau's computer system, which staff may access at all Bureau
facilities.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management
[[Page 57013]]
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.
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 section 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 524
Prisoners.
Thomas R. Kane,
Acting Director, Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we
propose to amend 28 CFR part 524 as set forth below.
PART 524--CLASSIFICATION OF INMATES
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
1. The authority citation for 28 CFR part 524 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624,
4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 21 U.S.C.
848; 28 U.S.C. 509, 510.
2. In Sec. 524.41, remove paragraphs (d) and (e), redesignate
paragraph (f) as paragraph (e), and add a new paragraph (d) to read as
follows:
Sec. 524.41 Types of progress reports.
* * * * *
(d) Transfer report--prepared on an inmate transferring to any non-
Bureau facility.
* * * * *
[FR Doc. 2011-23687 Filed 9-14-11; 8:45 am]
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