[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1109] [[Page Unknown]] [Federal Register: January 18, 1994] DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Parts 540 and 543 RIN 1120-AA15 Control, Custody, Care, Treatment and Instruction of Inmates; Incoming Publications and Inmate Legal Activities AGENCY: Bureau of Prisons, Justice. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Bureau of Prisons is proposing to amend its regulations on Incoming Publications in order to require that inmates in medium security, high security, and administrative institutions may receive softcover publications only from the publisher, book club, or bookstore. Current regulations allow for these items to be received from any source. The proposed amendment also allows for the Warden to make an exception to this requirement and to the existing similar requirement for hardcover publications and newspapers. This change is being proposed in order to simplify security procedures designed to prevent the introduction of contraband into Bureau institutions. Provisions in the Bureau's regulations on Inmate Legal Activities which restate the Bureau's policy on receipt of incoming publications would be modified accordingly as a conforming amendment. DATES: Comments due by March 21, 1994. ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 First Street, NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General Counsel, Bureau of Prisons, phone (202) 514-6655. SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend its regulations on Incoming Publications. A final rule on this subject was published in the Federal Register on June 29, 1979 (44 FR 38260) and was amended December 7, 1982 (47 FR 55129) and January 3, 1985 (50 FR 410). A conforming amendment would be made to the Bureau's regulations on Inmate Legal Activities. A final rule on this subject was published in the Federal Register on June 29, 1979 (44 FR 38263) and was amended December 4, 1981 (46 FR 59509) and July 23, 1990 (55 FR 29992). Current regulations in 28 CFR 540.71 allow an inmate to receive paperback books and magazines from any source. This proposed amendment would require that at medium security, high security, and administrative institutions all softcover publications may be received only from the publisher, book club, or book store. This would simplify Bureau procedures designed to prevent the introduction of contraband into Bureau institutions and would allow for more efficient use of Bureau staff and resources. In addition, this amendment would allow the Warden to make an exception when a publication is no longer available from the publisher, book club, or bookstore. In such cases, the Warden may require that the inmate provide written documentation that the publication is no longer available from these sources. The approval or disapproval of any request is to be documented in writing. Bureau regulations on Inmate Legal Activities restate in Sec. 543.11(d) the policy on receipt of incoming publications. As a conforming amendment, Sec. 543.11(d) is also revised. The Bureau of Prisons has determined that this rule is not a significant regulatory action for the purpose of E.O. 12886, and accordingly this rule was not reviewed by the Office of Management and Budget. After review of the law and regulations, the Director, Bureau of Prisons has certified that this rule, for the purpose of the Regulatory Flexibility Act (Pub. L. 96-354), does not have a significant impact on a substantial number of small entities. Interested persons may participate in this proposed rulemaking by submitting data, views, or arguments in writing to the Bureau of Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534. Comments received during the comment period will be considered before final action is taken. All comments received remain on file for public inspection at the above address. The proposed rule may be changed in light of the comments received. No oral hearings are contemplated. List of Subjects in 28 CFR Parts 540 and 543 Prisoners. Kathleen M. Hawk, Director, Bureau of Prisons. Accordingly, pursuant to the rulemaking authority vested in the Attorney General in 5 U.S.C. 552(a) and delegated to the Director, Bureau of Prisons in 28 CFR 0.96(p), it is proposed to amend parts 540 and 543 in subchapter C of 28 CFR, chapter V as set forth below. SUBCHAPTER C--INSTITUTIONAL MANAGEMENT PART 540--CONTACT WITH PERSONS IN THE COMMUNITY 1. The authority citation for 28 CFR part 540 continues to read as follows: Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3621, 3622, 3624, 4001, 4042, 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; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99. 2. In Sec. 540.71, paragraph (a) is revised to read as follows: Sec. 540.71 Procedures. (a)(1) At all Bureau institutions, an inmate may receive hardcover publications and newspapers only from the publisher, from a book club, or from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may receive softcover publications only from the publisher, from a book club, or from a bookstore. (3) At minimum security and low security institutions, an inmate may receive softcover publications (other than newspapers) from any source. (4) The Warden may make an exception to the provisions of paragraphs (a)(1) and (2) of this section if the publication is no longer available from the publisher, book club, or bookstore. The Warden may require that the inmate provide written documentation that the publication is no longer available from these sources. The approval or disapproval of any request for an exception is to be documented in writing. * * * * * PART 543--LEGAL MATTERS 3. The authority citation for 28 CFR part 543 continues to read as follows: Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 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; 28 U.S.C. 509, 510, 1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11. 4. In Sec. 543.11, paragraph (d) is amended by revising the first sentence as follows and by removing the third and fourth sentences: Sec. 543.11 Legal research and preparation of legal documents. * * * * * (d) An inmate may receive or purchase law materials from outside the institution in accordance with the provisions on the receipt of incoming publications (see Sec. 540.71 (a) of this chapter), but the Warden may reject material if there is a compelling reason in the interest of institution security, good order, or discipline.* * * * * * * * [FR Doc. 94-1109 Filed 1-14-94; 8:45 am] BILLING CODE 4410-05-P