Proposed Rule2023-24619
Reservation of Funds for Reentry Under the First Step Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2023
Issuing agencies
Justice DepartmentPrisons Bureau
Abstract
The Bureau of Prisons (BOP) proposes to add a regulation implementing a provision of the First Step Act (FSA) that requires Federal Prison Industries (FPI) and the BOP to reserve a portion of the compensation inmates would otherwise receive for working to assist these inmates with costs associated with release from prison upon completion of their sentence through release from custody, placement in pre-release custody (e.g., home confinement or Residential Reentry Center), or conditional release.
Full Text
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<title>Federal Register, Volume 88 Issue 215 (Wednesday, November 8, 2023)</title>
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[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Proposed Rules]
[Pages 77064-77066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24619]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 345 and 545
[Docket No. BOP-1181-P]
RIN 1120-AB81
Reservation of Funds for Reentry Under the First Step Act
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Prisons (BOP) proposes to add a regulation
implementing a provision of the First Step Act (FSA) that requires
Federal Prison Industries (FPI) and the BOP to reserve a portion of the
compensation inmates would otherwise receive for working to assist
these inmates with costs associated with release from prison upon
completion of their sentence through release from custody, placement in
pre-release custody (e.g., home confinement or Residential Reentry
Center), or conditional release.
DATES: Electronic comments must be submitted, and written comments must
be postmarked, no later than 11:59 p.m. Eastern Time on January 8,
2024.
ADDRESSES: Please submit electronic comments through the
<a href="http://regulations.gov">regulations.gov</a> website, or mail written comments to the Legislative &
Correctional Issues Branch, Office of General Counsel, Bureau of
Prisons, 320 First Street NW, Washington, DC 20534.
[[Page 77065]]
FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant
General Counsel, Federal Bureau of Prisons, (202) 353-4885.
SUPPLEMENTARY INFORMATION: Please note that all comments received are
considered part of the public record and made available for public
inspection online at <a href="http://www.regulations.gov">www.regulations.gov</a>. If you want to submit
personal identifying information (such as your name, address, etc.) as
part of your comment, but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT section.
I. Discussion of the Proposed Rule
In this document, the BOP proposes to modify regulations on
compensation for FPI inmate workers in 28 CFR part 345 and on inmate
work and performance pay in part 545 to conform with recent legislative
changes enacted in the First Step Act of 2018 (FSA), Public Law 115-
391, December 21, 2018, 132 Stat 5194. Section 605(c) of the FSA amends
18 U.S.C. 4126(c)(4) to indicate that inmates compensated under this
section shall have at least 15 percent of their compensation reserved
and made available to assist them with costs associated with release
from prison.
The section amended by the FSA, 18 U.S.C. 4126, is entitled
``Prison Industries Fund; use and settlement of accounts,'' and the
amended subparagraph (c) refers to ``Federal Prison Industries'' (FPI)
as the ``corporation'' and the ``Prison Industries Fund'' as ``the
fund.'' See 18 U.S.C. 4126(a). Subparagraph (c)(4) was amended to
indicate that FPI ``is authorized to employ the fund . . .'' to pay
``compensation to inmates employed in any industry, or performing
outstanding services in institutional operations, not less than 15
percent of such compensation for any inmate shall be reserved in the
fund or a separate account and made available to assist the inmate with
costs associated with release from prison . . . .'' See 18 U.S.C.
4126(c)(4).
The FSA therefore authorizes FPI to pay inmates who are ``employed
in any industry.'' As provided in 28 CFR 345.10, the BOP strives to
provide work to all inmates confined in BOP facilities to the extent
practicable in order to allow inmates to gain knowledge, skills, and
work habits to assist them upon release. Although there is no statutory
requirement that inmates be paid for work in an industrial assignment,
18 U.S.C. 4126 provides for discretionary compensation to inmates
employed by FPI. Section 345.50 further indicates that, in accordance
with 18 U.S.C. 4126, FPI provides compensation to FPI inmate workers.
The FSA also amended 18 U.S.C. 4126(c)(4) by directing that ``not
less than 15 percent'' of compensation paid to inmates ``performing
outstanding services in institutional operations'' should also be
``reserved in the fund or a separate account and made available to
assist the inmate with costs associated with release from prison.''
The new provision added by the FSA in 18 U.S.C. 4126(c)(4) requires
the reservation of 15 percent of ``such compensation'' to be made
available for an inmate's costs associated with prison release.
Therefore, the FSA mandates that FPI must reserve 15 percent of the
compensation that is paid to inmates employed by FPI, under 28 CFR part
345, to be made available to those inmates for costs associated with
their release from prison. The FSA further mandates that the BOP must
reserve 15 percent of performance pay, bonus pay, and special bonus
pay, under 28 CFR part 545, to be made available to those inmates for
costs associated with their release from prison.
The BOP now proposes to amend 28 CFR 345.51 regarding FPI pay, and
545.26(e) through (g) regarding inmate performance pay, bonus pay, and
special bonus pay, to add provisions indicating that 15 percent of an
inmate's pay, or other amount as set by statute, will be reserved
(i.e., encumbered) to assist the inmate with costs associated with
release from prison. Specifically, the reserved funds will be made
available to the inmate upon completion of their sentence through
release from custody, placement in pre-release custody (e.g., home
confinement or Residential Reentry Center), or conditional release.
Holding the funds until the inmate leaves BOP secure custody via one of
the previously mentioned ways will ensure the availability of those
funds on the inmate's first day of reentry, giving full effect to
Congress's directive that these funds be reserved to help inmates with
costs they will incur once they release from prison.
II. Regulatory Analyses
Executive Orders 12866 and 13563 (Regulatory Review)
This proposed rule does not fall within a category of actions that
the Office of Management and Budget (OMB) has determined constitutes a
``significant regulatory action'' under section 3(f) of Executive Order
12866 and, accordingly, it was not reviewed by OMB. The economic impact
of this proposed rule is limited to an existing BOP program that
applies to sentenced inmates in the custody of the Federal Bureau of
Prisons, and does not apply to inmates in study/observation; pretrial
detainees; or inmates in holdover status pending designation.
This rulemaking is necessary to implement section 605(c) of the
FSA, codified at 18 U.S.C. 4126(c)(4). The reserved funds will remain
in the existing Inmate Deposit Fund until an inmate completes their
sentence through release from custody, placement in pre-release custody
(e.g., home confinement or Residential Reentry Center), or conditional
release.
One of the expected benefits of this regulation is that inmates
will be more financially prepared for reentry. The amount each inmate
saves for reentry will vary widely based on the amount of time the
inmate works in FPI, or works an institution job and receives
performance, bonus, or special bonus pay. As a result of inmates'
having additional reentry funds, the public may save on indirect
societal costs related to inmate releases into the community. However,
at this time the BOP cannot, with any degree of accuracy, estimate the
monetary value of the costs and savings of this rulemaking. However,
the BOP would expect any anticipated costs and savings generated by
this rulemaking to have minimal effect on the economy.
[[Page 77066]]
This proposed rule does not fall within a category of actions that
the Office of Management and Budget (OMB) has determined constitutes a
``significant regulatory action'' under section 3(f) of Executive Order
12866 and, accordingly, it was not reviewed by OMB. The economic impact
of this proposed rule is limited to an existing BOP program that
applies to sentenced inmates in the custody of the Federal Bureau of
Prisons, and does not apply to inmates in study/observation; pretrial
detainees; or inmates in holdover status pending designation.
Executive Order 13132 (Federalism)
This regulation will not have substantial direct effect 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 regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988 (Plain Language)
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
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 regulation pertains to Federal inmates who work in FPI,
or who work institution jobs and receive performance, bonus, or special
bonus pay, and its economic impact is limited to moneys under the
control of FPI or BOP.
Unfunded Mandates Reform Act of 1995
This regulation 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 (adjusted for inflation), and it
will not significantly or uniquely affect small governments. Therefore,
no actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
Congressional Review Act
This regulation is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
List of Subjects in 28 CFR Parts 345 and 545
Prisoners.
Colette S. Peters,
Director, Federal Bureau of Prisons.
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, Federal
Bureau of Prisons in 28 CFR 0.96, we propose to amend 28 CFR parts 345
and 545 as follows:
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS
0
1. The authority citation for part 345 continues to read as follows:
Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of
the Board of Directors of Federal Prison Industries, Inc.
0
2. Amend Sec. 345.51 by redesignating paragraphs (b)(3) and (4) as
paragraphs (b)(4) and (5), respectively, and adding a new paragraph
(b)(3) to read as follows:
Sec. 345.51 Inmate pay.
* * * * *
(b) * * *
(3) Fifteen percent of each inmate's pay under this part, or other
amount as set by statute, will be reserved to assist the inmate with
costs associated with release from prison. The reserved funds will be
made available to the inmate upon completion of their sentence through
release from custody, placement in pre-release custody (e.g., home
confinement or Residential Reentry Center), or conditional release.
* * * * *
PART 545--WORK AND COMPENSATION
0
3. The authority citation for part 545 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621,
3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4126, 5006-5024
(Repealed October 12, 1984 as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510.
0
4. Amend Sec. 545.26, by adding paragraph (e)(4), and revising
paragraphs (f) and (g) to read as follows:
Sec. 545.26 Performance pay provisions.
* * * * *
(e) * * *
(4) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
(f) Bonus pay. (1) An inmate worker or program participant may
receive special bonus pay based on the inmate's exceptional
accomplishments or appreciable contributions to the work assignment.
For example, an inmate who works in excess of the scheduled work day
may qualify for bonus pay.
(2) When the supervisor of an inmate worker or program participant
believes the inmate has performed exceptionally well, the supervisor
may forward a written recommendation that the inmate received a special
bonus, along with justification for the special bonus recommendation,
to the Department Head for approval.
(3) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
(g) Special bonus pay. (1) An inmate may receive special bonus pay
based on the inmate's exceptional work in a temporary job assignment
that has been previously identified by the Warden, and approved by the
Regional Director, as critical to the institution.
(2) When the supervisor of an inmate worker believes the inmate has
performed exceptionally well, the supervisor may forward a written
recommendation that the inmate received a special bonus, along with
justification for the special bonus recommendation, to the Department
Head for approval.
(3) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
* * * * *
[FR Doc. 2023-24619 Filed 11-7-23; 8:45 am]
BILLING CODE 4410-05-P
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</html>Indexed from Federal Register on November 8, 2023.
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