[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Rules and Regulations]
[Page 34299-34301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-6]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1097-F]
RIN 1120-AA93
Release Gratuities, Transportation, and Clothing: Aliens
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the Bureau of Prisons (Bureau)
regulations on release gratuities, transportation, and clothing to
limit the release gratuity available to aliens. Only aliens released to
immigration authorities for release or transfer to a community
corrections center are eligible for a gratuity of up to $10. Aliens
released for deportation, exclusion, or removal, or aliens detained or
serving 60 days or less in a contract facility will not receive any
release gratuity. We intend this rule to reduce costs by providing the
gratuity only to those aliens whom the Bureau determines to be in need.
DATES: This rule is effective on July 9, 2003.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)307-2105.
SUPPLEMENTARY INFORMATION: The Bureau published a proposed rule
amending its regulations on release gratuities, transportation, and
clothing (28 CFR 571, subpart C) on October 4, 1999 (64 FR 53872). The
previous regulations on this subject were published in the Federal
Register on May 21, 1991 (56 FR 23480) and were amended on September
10, 1996 (61 FR 47795).
Change to the Previous Rule
Previous provisions on release gratuities in section 571.21(e)
specified that with the exception of aliens serving 60 days or less in
contract facilities, each alien released to immigration authorities is
to have $10 cash.
Under this final rule, aliens released for the purpose of
deportation, exclusion, or removal will not receive a $10 gratuity.
Because these inmates are to become the responsibility of the Bureau of
Citizenship and Immigration Services (BCIS), it is not appropriate for
the Bureau to provide a $10 gratuity.
We estimate that approximately 8.5% of the total inmate population
of the Federal Bureau of Prisons will be affected by this rule.
Public Comment and Bureau Response
We received five comments on the proposed rule. One commenter
supported the rule, indicating that it would reduce cost to the Bureau.
Two commenters expressed concern that when aliens are released to
the Immigration and Naturalization Service (INS, now the Bureau of
Citizenship and Immigration Services [BCIS]), they may not necessarily
be released for the purposes of exclusion, deportation or removal, and
therefore still need a $10 gratuity. One commenter was concerned that
aliens may be ``wrongly classified'' by the Bureau as being excludable,
deportable, or removable, a decision which, the commenter said, cannot
be made without ``a hearing before an Immigration judge.''
The Bureau's policies regarding release of aliens to the INS (BCIS)
for exclusion, deportation, or removal can be found in the Bureau's
Program Statement on the Institution Hearing Program (PS 5111.01),
accessible on the internet at www.bop.gov or through the Freedom of
Information Act process. This describes the process for identifying
aliens for release to the INS (BCIS) for purposes of exclusion,
deportation or removal. The Bureau, INS (BCIS) and the Executive Office
for Immigration Review (EOIR) jointly developed the Institution Hearing
Program (IHP) to ensure that deportation proceedings begin as quickly
as possible after an alien inmate's conviction and finish before the
alien inmate's release date.
IHP hearing sites are specific institutions where alien inmates
[[Page 34300]]
participate in immigration hearings conducted by the INS (BCIS) and
EOIR. After INS (BCIS) and EOIR make a decision to exclude, deport or
remove an alien, the alien is transferred to an IHP release site close
to deportation locations, where alien inmates remain until their
sentences expire. The INS (BCIS) and EOIR, not the Bureau, make the
decision regarding an alien's status. Therefore, there is no way that
the Bureau can ``wrongly classify'' an alien, as the commenter feared.
One commenter cited the preamble to the original rule, published in
1979 (44 FR 38236), which stated that the purpose of the gratuity is to
ensure that the alien has money to care for him-/herself in the
community until he/she receives an income. The commenter suggested that
eliminating this gratuity would be contrary to the purpose of providing
the funds--for transportation and communicating with family or legal
counsel.
Since aliens who had received the $10 gratuity were not released to
the community, but instead to INS (BCIS), they would have no need of
support pending their ability to earn an income. Instead, they are
released into the custody of INS (BCIS), who is responsible for
transporting them, and they can access INS (BCIS) provisions for
communicating with family members and legal counsel.
One commenter expressed concern that this rule would not actually
reduce cost to the Bureau. According to our recent statistics, in
December of 1999, we released approximately 958 INS (BCIS) detainees.
Therefore, extrapolating this statistic, we estimate that approximately
11,500 aliens receive this gratuity annually. Therefore, this rule
would save the Bureau approximately $115,000 every year. We consider
this a significant cost savings for the Bureau.
Finally, we received a letter which we construed to be a comment on
the proposed rule, as it raised the subject of release gratuities.
However, we found that the commenter, an inmate, did not address the
issues raised by the proposed rule, but instead questioned the Bureau's
application of 18 U.S.C. 4281, instead of 18 U.S.C. 3624(d), to his
situation. Although this comment is not relevant to this final rule, we
will briefly address it here.
18 U.S.C. 4281, which was repealed in 1984 (see Pub.L. 98-473,
Title II, Sec. 218(a)(7), October 12, 1984, 98 Stat. 2027), allowed
only a $100 gratuity to prisoners upon release. Its replacement, 18
U.S.C. 3624(d), allows ``an amount of money, not more than $500'' in
the Director's discretion. The inmate commented that, on his release,
he should receive the $500 described in the latter statute instead of
the $100 described in the former statute.
Section 235 of Public Law 98-473 stated that 18 U.S.C. 3624 and
other provisions created by that Public Law would ``take effect on the
first day of the first calendar month beginning 36 months after the
date of enactment [October 12, 1984] and [would] apply only to offenses
committed after the taking effect of this chapter.'' The effective date
of 18 U.S.C. 3624 is, therefore, November 1, 1987. Because this
commenter's offense occurred before November 1, 1987, 18 U.S.C. 3624(d)
does not entitle him to a $500 gratuity upon release.
We publish the proposed rule, without change, as a final rule. You
may send further comments on this rule by writing to the address noted
above. Although we will not formally respond to further comments by
publication in the Federal Register, we will consider them.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', section
1(b), Principles of Regulation. The Director of the Bureau of Prisons
has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), and accordingly
this rule has not been reviewed by the Office of Management and Budget.
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, in accordance with Executive
Order 13132, it is determined 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, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation 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. It 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 571
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
0
Under the rulemaking authority vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we
amend part 551 in subchapter C of 28 CFR, chapter V as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
0
1. Revise the authority citation for 28 CFR part 571 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 1.1-1.10.
0
2. In Sec. 571.21, revise paragraph (e) to read as follows:
Sec. 571.21 Procedures.
* * * * *
(e) Staff will ensure that each alien released to immigration
authorities for
[[Page 34301]]
the purpose of release or transfer to a community corrections center
has $10 cash. This provision does not apply to aliens being released
for the purpose of deportation, exclusion, or removal, or to aliens
detained or serving 60 days or less in contract facilities.
[FR Doc. 03-14379 Filed 6-6-03; 8:45 am]
BILLING CODE 4410-05-P