[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Proposed Rules]
[Page 70696-70699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
[BOP Docket No.1144-P]
RIN 1120-AB44
Inmate Furloughs
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 570.35. Language in current Sec. 570.35 relating solely
to staff guidance and processing instructions has been removed from the
proposed rule.
Proposed Sec. 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 Sec. 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
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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 Sec. 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.
Harley G. Lappin,
Director, Bureau of Prisons.
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
Sec.
570.30 Purpose.
570.31 Inmate eligibility for furloughs.
570.32 Types of furloughs.
570.33 Justification for furlough.
570.34 Expenses of furlough.
570.35 Transfer furlough eligibility requirements.
570.36 Non-transfer furlough eligibility requirements.
570.37 Procedures to apply for a furlough.
570.38 Conditions of Furlough.
Sec. 570.30 Purpose.
The purpose of this subpart is to describe the procedures governing
the furlough program of the Federal Bureau of Prisons (Bureau), which
is authorized by 18 U.S.C. 3622. Under the furlough program, the Bureau
allows inmates who meet certain requirements to be temporarily released
from custody under carefully prescribed conditions.
Sec. 570.31 Inmate eligibility for furloughs.
(a) Eligible inmates. The following types of inmates may be
eligible for furloughs:
(1) Sentenced inmates housed in Bureau facilities.
(2) Pretrial inmates housed in Bureau facilities (provided that
they comply with the requirements of 28 CFR part 551, Subpart J).
(3) Sentenced inmates housed in Bureau facilities and classified as
central inmate monitoring cases (provided that they comply with the
requirements of 28 CFR part 524, Subpart F).
(b) Ineligible inmates. The following types of inmates are not
eligible for furloughs:
(1) Sentenced inmates housed in contract facilities are not
eligible to participate in the Bureau's furlough program under these
rules, but may apply for furloughs as specified in that facility's
written agreement with the Bureau.
(2) 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.
Sec. 570.32 Types of furloughs.
A furlough is an 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 are:
(a) Transfer furlough--A furlough for the purpose of transferring
an inmate from one Bureau facility to another, a non-federal facility,
or community confinement (including home confinement) as noted below at
Sec. 570.33(a).
(b) Non-transfer furlough--A furlough for any purpose other than a
transfer furlough, and which may be defined based on its nature, as
either emergency or routine, as follows:
(1) Emergency furlough--A furlough allowing an inmate to address a
family crisis or other urgent situation as noted below at Sec.
570.33(b).
(2) Routine furlough--A furlough for any of the reasons noted below
at Sec. 570.33(a) and (c)-(j).
(c) Duration and distance of non-transfer furlough:
(1) Day furlough--A furlough within the geographic limits of the
commuting area of the institution, which lasts 16 hours or less and
ends before midnight.
(2) Overnight furlough--A furlough which falls outside the criteria
of a day furlough.
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Sec. 570.33 Justification for furlough.
The Warden or designee may authorize a furlough, for 30 calendar
days or less, for an inmate to:
(a) Transfer directly to another Bureau institution, a non-federal
facility, or community confinement;
(b) Be present during a crisis in the immediate family, or in other
urgent situations;
(c) Participate in the development of release plans;
(d) Establish or reestablish family and community ties;
(e) Participate in selected educational, social, civic, and
religious activities which will facilitate release transition;
(f) Appear in court in connection with a civil action;
(g) Comply with an official request to appear before a grand jury,
or to comply with a request from a legislative body, or regulatory or
licensing agency;
(h) Appear in or prepare for a criminal court proceeding, but only
when the use of a furlough is requested or recommended by the
applicable court or prosecuting attorney;
(i) Participate in special training courses or in institution work
assignments, including Federal Prison Industries (FPI) work
assignments, when daily commuting from the institution is not feasible;
or
(j) Receive necessary medical, surgical, psychiatric, or dental
treatment not otherwise available.
Sec. 570.34 Expenses of furlough.
All expenses of a furlough, including transportation, food,
lodging, and incidentals, 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.
Sec. 570.35 Transfer furlough eligibility requirements.
(a) Inmates transferring to administrative, low, medium, or high
security facilities are generally not eligible for participation in the
Bureau's transfer furlough program.
(b) For a transfer furlough, inmates other than those described in
(a) must:
(1) Be physically and mentally capable of completing the furlough;
and
(2) Demonstrate sufficient responsibility to provide reasonable
assurance that furlough requirements will be met.
(c) Inmates transferring to minimum security facilities must meet
the requirements described in (b), and must also be:
(1) Transferring from a low or minimum security facility; and
(2) Appropriate for placement in a minimum security facility based
on the inmate's security designation and custody classification at the
time of transfer.
(d) Inmates transferring to community confinement must meet the
requirements described in (b), and must also be appropriate for
placement in community confinement based on the inmate's security
designation and custody classification at the time of transfer.
Sec. 570.36 Non-transfer furlough eligibility requirements.
(a) An inmate may be eligible for a non-transfer furlough if the
inmate meets the criteria described in 570.35(b) and the following
additional criteria:
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Then the inmate may only be
If an inmate has . . . considered for . . .
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Been confined at the initially An emergency non-transfer
designated institution for less than furlough.
90 days.
More than two years remaining until the An emergency non-transfer
projected release date. furlough.
2 years or less remaining until the A routine day furlough.
projected release date.
18 months or less remaining until the A routine overnight furlough
projected release date. within the institution's
commuting area.
1 year or less remaining until the A routine overnight furlough
projected release date. outside the institution's
commuting area.
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(b) Ordinarily, Wardens will not grant a furlough to an inmate if:
(1) The inmate is convicted of a serious crime against a person;
(2) The inmate's presence in the community could attract undue
public attention, create unusual concern, or diminish the seriousness
of the offense; or
(3) The inmate has been granted a furlough in the past 90 days.
Sec. 570.37 Procedures to apply for a furlough.
(a) Application. Inmates may submit a furlough application to
staff, who will review it for compliance with these regulations and
Bureau policy.
(b) Notification of decision. An inmate will be notified of the
Warden's decision on the furlough application. Where a furlough
application is denied, the inmate will be notified of the reasons for
the denial.
(c) Appeal. An inmate may appeal any aspect of the furlough program
through the Administrative Remedy Program, 28 CFR Part 542, Subpart B.
Sec. 570.38 Conditions of furlough.
(a) An inmate who violates the conditions of a furlough may be
considered an escapee under 18 U.S.C. 4082 or 18 U.S.C. 751, and may be
subject to criminal prosecution and institution disciplinary action.
(b) A furlough will only be approved if an inmate agrees to the
following conditions and understands that, while on furlough, he/she:
(1) Remains in the legal custody of the U.S. Attorney General, in
service of a term of imprisonment;
(2) Is subject to prosecution for escape if he/she fails to return
to the institution at the designated time;
(3) Is subject to institution disciplinary action, arrest, and
criminal prosecution for violating any conditions(s) of the furlough;
(4) May be thoroughly searched and given a urinalysis,
breathalyzer, and other comparable test, during the furlough or upon
return to the institution, and must prepay the cost of such test(s) if
the inmate or family members are paying the other costs of the
furlough. The inmate must pre-authorize all testing fee(s) to be
withdrawn directly from his/her inmate deposit fund account; and
(5) Must contact the institution (or United States Probation
Officer) in the event of arrest, or any other serious difficulty or
illness.
(c) While on furlough, the inmate must not:
(1) Violate the laws of any jurisdiction (Federal, State, or
local);
(2) Leave the area of his/her furlough without permission, except
for traveling to the furlough destination, and returning to the
institution;
(3) Purchase, sell, possess, use, consume, or administer any
narcotic drugs, marijuana, alcohol, or intoxicants in any form, or
frequent any place where such articles are unlawfully sold, dispensed,
used, or given away;
(4) Use medication that is not prescribed and given to the inmate
by the institution medical department or a licensed physician;
(5) Have any medical/dental/surgical/psychiatric treatment without
staff's
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written permission, unless there is an emergency. Upon return to the
institution, the inmate must notify institution staff if he/she
received any prescribed medication or treatment in the community for an
emergency;
(6) Possess any firearm or other dangerous weapon;
(7) Get married, sign any legal papers, contracts, loan
applications, or conduct any business without staff's written
permission;
(8) Associate with persons having a criminal record or with persons
who the inmate knows to be engaged in illegal activities without
staff's written permission;
(9) Drive a motor vehicle without staff's written permission, which
can only be obtained if the inmate has proof of a currently valid
drivers license and proof of appropriate insurance;
(10) Return from furlough with anything the inmate did not take out
with him/her (for example, clothing, jewelry, or books); or
(11) Comply with any other special instructions given by the
institution.
[FR Doc. E6-20612 Filed 12-5-06; 8:45 am]
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