[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-16693] [[Page Unknown]] [Federal Register: July 11, 1994] _______________________________________________________________________ Part V Department of Justice _______________________________________________________________________ Bureau of Prisons _______________________________________________________________________ 28 CFR Part 571 Release Preparation Program; Final Rule List of Bureau of Prisons Institutions; Notice DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 571 [BOP-1018-F] RIN 1120-AA24 Release Preparation Program AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Bureau of Prisons is revising its regulations on inmate release preparation to provide for greater standardization for institution programs and to make various editorial or organizational changes. As revised, this program is intended to enhance the likelihood that sentenced inmates will successfully reintegrate into the community upon their release from incarceration. EFFECTIVE DATE: August 10, 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 amending its regulations on Pre-Release Program (28 CFR part 571, subpart A), which will now be entitled Release Preparation Program. A final rule on this subject was published in the Federal Register June 30, 1980 (45 FR 44234) and was amended on September 30, 1983 (48 FR 45053). The primary change in these amendments is to provide for greater standardization in release preparation programming at Bureau institutions. New section 571.13 contains the core curriculum of topics/courses to be offered. Other amendments are primarily editorial in nature and make no change in the intent of the regulations. For ease of use, the entire subpart is being revised. A summary of the changes follows. As noted above, the title of the program has been changed from ``pre-release program'' to ``release preparation program''. This change is reflected in revised Sec. 571.10, Sec. 571.11 (b) and (d) (formerly Sec. 571.11(a) (2) and (4)), Sec. 571.12 (a) and (b). Section 571.10 is further amended to reflect the Bureau's recognition of the continuity of an inmate's needs for release preparation and to standardize the release preparation program for all sentenced inmates reintegrating into the community from Bureau facilities. Section 571.11 is further amended by adjusting the codification for the purpose of editorial consistency. Former paragraph (a)(1) has been removed. This provision is addressed more completely in new Sec. 571.13 (b). As revised, the introductory text and paragraph (a) of new Sec. 571.11 specify that a designated staff member has the responsibility to determine the general release needs of the inmate population. These provisions replace the provisions of former paragraphs (a) introductory text and (a)(2). Former paragraphs (a) (3) and (4) are revised as paragraphs (b) and (d), and a new paragraph (c) is added specifying that the designated staff member chairs the institution's Release Preparation Program Committee. In Sec. 571.12, paragraph (b) has been revised to remove reference to requirements for inmate participation in a specific number of sessions. The intent of the revised paragraph is that the inmate is responsible for registering in recommended release preparation courses. Documentation of the inmate's participation in the program serves to help staff measure the institutional adjustment of the inmate. The provisions in former paragraphs (c), (d), and (e) of Sec. 571.12 have been revised as paragraphs (c), (d), and (e) of a new Sec. 571.13 on the institution release preparation program. New paragraph (a) of Sec. 571.13 specifies that the institution's release preparation program shall be administered by the Release Preparation Program Committee. New paragraph (b) of Sec. 571.13 states the core curriculum of the institution program: health and nutrition, employment, personal finance/consumer skills, information/community resources, release requirements and procedures, and personal growth and development. Because these changes are administrative in nature and do not impose further restrictions on inmates, the Bureau finds good cause for exempting the provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment, and delay in effective date. Members of the public may submit comments concerning this rule by writing to the previously cited address. These comments will be considered but will receive no response in the Federal Register. The Bureau of Prisons has determined that this rule is not a significant regulatory action for the purpose of E.O. 12866, 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. List of Subjects in 28 CFR Part 571 Prisoners. Wade B. Houk, Acting 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), part 571 in subchapter D of 28 CFR, chapter V is amended as set forth below. SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE PART 571--RELEASE FROM CUSTODY 1. The authority citation for 28 CFR part 571 continues to read as follows: Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in part as to offenses committed on or after November 1, 1987), 3582, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166 and 4201-4218 (Repealed as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10. 2. Subpart B, consisting of Secs. 571.10 through 571.12, is revised to consist of Secs. 571.10 through 571.13 and reads as follows: Subpart B--Release Preparation Program Sec. 571.10 Purpose and scope. 571.11 Program responsibility. 571.12 General characteristics. 571.13 Institution release preparation program. Subpart B--Release Preparation Program Sec. 571.10 Purpose and scope. The Bureau of Prisons recognizes that an inmate's preparation for release begins at initial commitment and continues throughout incarceration and until final release to the community. This policy establishes a standardized release preparation program for all sentenced inmates reintegrating into the community from Bureau facilities. Sec. 571.11 Program responsibility. The Warden shall designate to a staff member the responsibility to: (a) Determine the general release needs of the inmate population; (b) Coordinate the institution release preparation program; (c) Chair the Release Preparation Program Committee; (d) Contact and schedule volunteers from the local community to participate in the release preparation program. Sec. 571.12 General characteristics. (a) Staff shall structure the release preparation program to make extensive use of staff, inmate, and community resources. (b) Staff shall strongly encourage and support an inmate's participation in the institution release preparation program. Staff shall document the inmate's participation in the program in the inmate's central file. Sec. 571.13 Institution release preparation program. (a) The institution release preparation program shall be administered by the Release Preparation Program Committee. (b) The institution release preparation program will be based on a core curriculum of topics/courses organized into six broad categories. The six categories are: (1) Health and nutrition. (2) Employment. (3) Personal finance/consumer skills. (4) Information/community resources. (5) Release requirements and procedures. (6) Personal growth and development. (c) To assist in the release process, the Warden may, in accordance with the Bureau of Prisons' rule on furloughs, grant an inmate a furlough for release preparation purposes. (d) Staff shall help an inmate obtain proper identification (social security card, driver's license, birth certificate, and/or any other documents needed by the inmate) prior to release. (e) An inmate who is not being released through a Community Corrections Center (CCC) may ask staff to request the assistance of a United States Probation Officer in establishing a release plan. Bureau staff are to encourage the inmate to give at least one employment lead or contact. Where the inmate or the inmate's family has already identified employment, the case manager shall notify the United States Probation Officer so that the usual verification of release plans may be made. Where employment has not been identified, the case manager shall notify the United States Probation Officer of the employment need. This notification should ordinarily occur at least six weeks prior to the inmate's release. [FR Doc. 94-16693 Filed 7-8-94; 8:45 am] BILLING CODE 4410-05-P