[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 40142-40144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19487]
[[Page 40141]]
_______________________________________________________________________
Part V
Department of Justice
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Bureau of Prisons
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28 CFR Part 524
Central Inmate Monitoring (CIM) System; Final Rule
Federal Register / Vol. 61, No. 148 / Wednesday, July 31, 1996 /
Rules and Regulations
[[Page 40142]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1043-F]
RIN 1120-AA43
Central Inmate Monitoring (CIM) System
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document the Bureau of Prisons is revising its
regulations on the central inmate monitoring system for general
clarity, to remove obsolete categories, to update staff
responsibilities, and to make various changes in administrative
procedures. This revision is intended to provide for the continued
secure operation of Bureau institutions.
EFFECTIVE DATE: July 31, 1996.
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 the central inmate monitoring (CIM) system. A final rule
on this subject was published in the Federal Register September 14,
1990 (55 FR 38007).
The CIM system is an administrative program which allows the Bureau
to monitor and control the transfer, temporary release, and community
activities of inmates who present special needs for management.
Examples of such inmates include participants in Witness Security
programs, members of gangs or disruptive groups, and inmates who, for
their own safety, need to be separated from other identified inmates.
The CIM system operates to protect such inmates. In keeping with the
regulatory goals of E.O. 12866, the Bureau is revising the entire
regulation for the sake of general clarity. The acronym CIM is used
more consistently throughout the regulations. Other specific changes
are discussed below.
Section 524.70 has been revised to remove redundancy and improve
readability. There is no change in the intent of this section.
Section 524.71 has been revised to specify the Case Management
Coordinator as the official responsible for oversight and coordination
of CIM activities at the institution.
Section 524.72 has been amended to remove the assignment category
of sophisticated criminal activity and to rename the assignment
category ``security threat groups'' as ``disruptive group''. In
addition, the provisions for separation in new paragraph (f) have been
amended to note the accommodation of separatees in institutions which
have the ability to prevent physical contact between separatees.
Former Secs. 524.73 and 524.74 have been combined in new
Sec. 524.73 covering classification procedures. Paragraph (a) of new
Sec. 524.73 covers procedures for the initial assignment of a CIM
classification. These provisions were previously contained in former
Secs. 524.73(a), and 524.74 (a) and (b). Paragraph (b) of new
Sec. 524.73 covers procedures for notification to inmates of CIM
classification actions. These provisions were previously contained in
former Sec. 524.73 (b), (c), and (d) and in Sec. 524.78. Paragraph (c)
of new Sec. 524.73 covers procedures for the initial review of a CIM
assignment. These provisions were previously contained in former
Sec. 524.74 (d) and (f).
The provisions of former Sec. 524.74(e) have been removed. New
Sec. 524.73(a) allows for classification of pretrial inmates, and
further specification as to appropriate assignments or procedures is
either unnecessary or redundant.
New Sec. 524.74 revises provisions for activities clearance which
were contained in former Sec. 524.75. These provisions have been
revised for the sake of administrative streamlining. The revised
provisions allow for approval by the Warden in all cases except for
non-medical emergency clearances of Witness Security cases.
New Sec. 524.75 revises the provisions for periodic review of CIM
status contained in former Sec. 524.76. These revisions have been made
for the sake of clarity and organization. Provisions on notification
contained in paragraph (a) of former Sec. 524.76 have been consolidated
into the general requirements for notification in new Sec. 524.73(b).
Provisions in paragraph (b) of former Sec. 524.76 for the removal of
Department of Justice Witness Security cases have been consolidated
into the general requirements for removal of a CIM classification in
new Sec. 524.73(d). Provisions in paragraph (c) of former Sec. 524.76
on State prisoner assignments have been consolidated into new
Sec. 524.73(a)(2).
New Sec. 524.76 revises the provisions in former Sec. 524.77 for
appeals of a CIM classification to conform to previously published
revisions in the Administrative Remedy Program (28 CFR part 542) which
allow for inmates housed in Community Corrections Centers to file a
request with the Community Corrections Manager.
The provisions in former Sec. 524.78 on classification of
recommitted offenders have been removed because these provisions have
been consolidated into new Sec. 524.73.
Because these provisions impose no further restrictions on inmates
and deal with agency procedures designed to help ensure the continued
protection of 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 (5 U.S.C. 601 et seq.), does not have a
significant economic impact on a substantial number of small entities,
within the meaning of the Act. Because 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, its economic
impact is limited to the Bureau's appropriated funds.
List of Subjects in 28 CFR Part 524
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), part 524 in subchapter B of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 524--CLASSIFICATION OF INMATES
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, 4081, 4082 (Repealed in part as to offenses
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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. Subpart F is revised to read as follows:
Subpart F--Central Inmate Monitoring (CIM) System
Sec.
524.70 Purpose and scope.
524.71 Responsibility.
524.72 CIM assignment categories.
524.73 Classification procedures.
524.74 Activities clearance.
524.75 Periodic review.
524.76 Appeals of CIM classification.
Subpart F--Central Inmate Monitoring (CIM) System
Sec. 524.70 Purpose and scope.
The Bureau of Prisons monitors and controls the transfer, temporary
release (e.g., on writ), and community activities of certain inmates
who present special needs for management. Such inmates, known as
central inmate monitoring (CIM) cases, require a higher level of review
which may include Central Office and/or Regional Office clearance for
transfers, temporary releases, or community activities. This monitoring
is not to preclude a CIM case from such activities, when the inmate is
otherwise eligible, but rather is to provide protection to all
concerned and to contribute to the safe and orderly operation of
federal institutions.
Sec. 524.71 Responsibility.
Authority for actions relative to the CIM system is delegated to
the Assistant Director, Correctional Programs Division, to Regional
Directors, and to Wardens. The Assistant Director, Correctional
Programs Division, and Regional Directors shall assign a person
responsible for coordinating CIM activities. The Case Management
Coordinator (CMC) shall provide oversight and coordination of CIM
activities at the institutional level, and the Community Corrections
Manager shall assume these responsibilities for contract facilities.
Sec. 524.72 CIM assignment categories.
CIM cases are classified according to the following assignments:
(a) Witness Security cases. Individuals who agree to cooperate with
law enforcement, judicial, or correctional authorities, frequently
place their lives or safety in jeopardy by being a witness or intended
witness against persons or groups involved in illegal activities.
Accordingly, procedures have been developed to help ensure the safety
of these individuals. There are two types of Witness Security cases:
Department of Justice (authorized by the Attorney General under Title V
of Public Law 91-452, 84 Stat. 933); and Bureau of Prisons Witness
Security cases (authorized by the Assistant Director, Correctional
Programs Division).
(b) Threats to Government officials. Inmates who have made threats
to government officials or who have been identified, in writing, by the
United States Secret Service as requiring special surveillance.
(c) Broad publicity. Inmates who have received widespread publicity
as a result of their criminal activity or notoriety as public figures.
(d) Disruptive group. Inmates who belong to or are closely
affiliated with groups (e.g., prison gangs), which have a history of
disrupting operations and security in either state or federal penal
(which includes correctional and detention facilities) institutions.
This assignment also includes those persons who may require separation
from a specific disruptive group.
(e) State prisoners. Inmates, other than Witness Security cases,
who have been accepted into the Bureau of Prisons for service of their
state sentences. This assignment includes cooperating state witnesses
and regular state boarders.
(f) Separation. Inmates who may not be confined in the same
institution (unless the institution has the ability to prevent any
physical contact between the separatees) with other specified
individuals who are presently housed in federal custody or who may come
into federal custody in the future. Factors to consider in classifying
an individual to this assignment include, but are not limited to,
testimony provided by or about an individual (in open court, to a grand
jury, etc.), and whether the inmate has exhibited aggressive or
intimidating behavior towards other specific individuals, either in the
community or within the institution. This assignment also includes
those inmates who have provided authorities with information concerning
the unauthorized or illegal activities of others. This assignment may
also include inmates from whom there is no identifiable threat, but who
are to be separated from others at the request of the Federal Judiciary
or U.S. Attorneys.
(g) Special Supervision. Inmates who require special management
attention, but who do not ordinarily warrant assignment in paragraphs
(a) through (f) of this section. For example, this assignment may
include an inmate with a background in law enforcement or an inmate who
has been involved in a hostage situation. Others may include those who
are members of a terrorist group with a potential for violence.
Sec. 524.73 Classification procedures.
(a) Initial assignment. Except as provided for in paragraphs (a)
(1) through (4) of this section, an inmate (including pretrial inmates)
may be classified as a CIM case at any time by a Community Corrections
Manager or by appropriate staff at the Central Office, Regional Office,
or institution. This initial classification is effective upon
documentation in the inmate's record.
(1) Witness Security cases. Witness Security cases are designated
by the Central Office only. An inmate's participation in the Department
of Justice Witness Security Program is voluntary. A commitment
interview and an admission and orientation interview are to be
conducted with the Witness Security inmate to ensure that the inmate
understands the conditions of confinement within the Bureau of Prisons.
Central Office classification of an individual as a Witness Security
case, under either the Department of Justice or Bureau of Prisons, does
not require additional review, and overrides any other CIM assignment.
(2) State prisoners. Appropriate staff in the Central Office or
Regional Office designate state prisoners accepted into the Bureau of
Prisons from state or territorial jurisdictions. All state prisoners
while solely in service of the state sentence are automatically
included in the CIM system to facilitate designations, transfers, court
appearances, and other movements.
(3) Special supervision. Placement in this assignment may be made
only upon the authorization of a Regional Director or the Assistant
Director, Correctional Programs Division.
(4) Recommitted offenders. An inmate who is recommitted to federal
custody, who at the time of release was classified as a CIM case,
retains this classification pending a review of the CIM status in
accordance with paragraph (c) of this section.
(b) Notification. The case manager shall ensure that the affected
inmate is notified in writing as promptly as possible of the
classification and the basis for it. Witness Security cases will be
notified through a commitment interview. The notice of the basis may be
limited in the interest of security or safety. For example, in
separation cases under Sec. 524.72, notice will not include the names
of those from whom the inmate must be separated. The inmate shall sign
for and receive a copy of the notification form. If the inmate refuses
to sign the notification form, staff witnessing the refusal shall
indicate this
[[Page 40144]]
fact on the notification form and then sign the form. Notification is
not required for pretrial inmates. Any subsequent modification of a CIM
assignment or removal from the CIM system requires separate
notification to the inmate.
(c) Initial review. A classification may be made at any level to
achieve the immediate effect of requiring prior clearance for an
inmate's transfer, temporary release, or participation in community
activities. Except for Central Office or Regional Office classification
of an individual as a state prisoner in sole service of the state
sentence or for classification of pretrial inmates made by designated
staff at the institution, a review by designated staff (ordinarily
within 60 days of notification to the inmate) is required to determine
whether a sound basis exists for the classification. Staff making the
initial classification shall forward to the reviewing authority
complete information regarding the inmate's classification. An inmate
not notified of a change in the classification by the reviewing
authority within 60 days from the date of the initial notification may
consider the CIM classification final. Reviewing authorities for CIM
classification are:
(1) Central Office Inmate Monitoring Section--reviews
classification decisions for all future separation assignments
(including recommitments) for Witness Security cases and for any
combination of assignments involving Witness Security cases.
(2) Regional Office--reviews CIM classification decisions for
Disruptive Group, Broad Publicity, Threat to Government Officials,
Special Supervision, State Prisoners not in sole service of state
sentence and initial multiple assignments except Witness Security
Cases.
(3) Warden, or Designee--reviews CIM classification decisions for
all separation assignments.
(d) Removal. (1) Because participation in the Department of Justice
Witness Security Program is voluntary, such participants may request
removal from this assignment at any time. Such request shall be
forwarded to the Central Office Inmate Monitoring Section. Actual
removal of the CIM assignment will not occur until after approval from
the Department of Justice is received.
(2) The reviewing authority is responsible for determining if
removal or modification of any CIM classification other than a
Department of Justice Witness Security case is appropriate. The inmate
retains the CIM classification pending a decision by the reviewing
authority.
(3) When an inmate is removed for any reason from a CIM
classification (for example, because the reviewing authority either
disapproves the CIM classification or approves removal of a CIM
classification based on new information), the appropriate staff member
shall ensure that the relevant portions of the inmate central file are
either removed or, when part of a larger document, are amended to
clearly reflect removal of the CIM assignment. Staff shall notify the
inmate of the decision and document any change in the inmate's record,
and supportive documentation and the written basis for removal are to
be retained in the inmate privacy file.
Sec. 524.74 Activities clearance.
(a) Except as provided for in paragraph (b) of this section, the
Warden is the clearance authority on all transfers, temporary releases,
community activities, and escorted trips.
(b) Witness Security cases. Central Office Inmate Monitoring
Section staff shall be the clearance authority on all transfers,
temporary releases, community activities, and escorted trips for
Witness Security cases, except in a medical emergency. In a medical
emergency, the Warden may transfer a Witness Security case to a local
hospital for emergency medical care without prior clearance.
Sec. 524.75 Periodic review.
The Warden shall ensure that the status of an inmate's CIM
assignment is considered at each program review. When staff believe
that removal or modification of a CIM classification is appropriate,
the institution's CMC and the appropriate reviewing authority must be
notified. Only the reviewing authority shall determine if removal or
modification of the CIM classification is appropriate.
Sec. 524.76 Appeals of CIM classification.
An inmate may at any time appeal (through the Administrative Remedy
Program) the inmate's classification as a CIM case. Inmates identified
as Witness Security cases may choose to address their concerns directly
to the Inmate Monitoring Section, Central Office, rather than use the
Administrative Remedy Program.
[FR Doc. 96-19487 Filed 7-30-96; 8:45 am]
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