(2) Submitting certification to Director of continuing emergency. 30 days after the Warden suspends operation of the rules, and every 30 days thereafter, the Warden must submit to the Director written certification that an institutional emergency threatening human life or safety and warranting suspension of the rules continues to exist. If the Warden does not submit this certification to the Director, or if the Director so orders at any time, the suspension of the rules will cease. [68 FR 18545, Apr. 16, 2003] § 501.2 National security cases. (a) Upon direction of the Attorney General, the Director, Bureau of Prisons, may authorize the Warden to implement special administrative measures that are reasonably necessary to prevent disclosure of classified information upon written certification to the Attorney General by the head of a member agency of the United States intelligence community that the unauthorized disclosure of such information would pose a threat to the national security and that there is a danger that the inmate will disclose such information. These special administrative measures ordinarily may include housing the inmate in administrative detention and/or limiting certain privileges, including, but not limited to, correspondence, visiting, interviews with representatives of the news media, and use of the telephone, as is reasonably necessary to prevent the disclosure of classified information. The authority of the Director under this paragraph may not be delegated below the level of Acting Director. (b) Designated staff shall provide to the affected inmate, as soon as practicable, written notification of the restrictions imposed and the basis for these restrictions. The notice's statement as to the basis may be limited in the interest of prison security or safety or national security. The inmate shall sign for and receive a copy of the notification. (c) Initial placement of an inmate in administrative detention and/or any limitation of the inmate's privileges in accordance with paragraph (a) of this section may be imposed for a period of time as determined by the Director, Bureau of Prisons, up to one year. Special restrictions imposed in accordance with paragraph (a) of this section may be extended thereafter by the Director, Bureau of Prisons, in increments not to exceed one year, but only if the Attorney General receives from the head of a member agency of the United States intelligence community an additional written certification that, based on the information available to the agency. there is a danger that the inmate will disclose classified information and that the unauthorized disclosure of such information would pose a threat to the national security. The authority of the Director under this paragraph may not be delegated below the level of Acting Director. (d) The affected inmate may seek review of any special restrictions imposed in accordance with paragraph (a) of this section through the Administrative Remedy Program, 28 CFR part 542. (e) Other appropriate officials of the Department of Justice having custody of persons for whom special administrative measures are required may exercise the same authorities under this section as the Director of the Bureau of Prisons and the Warden. [62 FR 33732, June 20, 1997, as amended at 66 FR 55065, Oct. 31, 2001] $501.3 Prevention of acts of violence and terrorism. (a) Upon direction of the Attorney General, the Director, Bureau of Prisons, may authorize the Warden to implement special administrative measures that are reasonably necessary to protect persons against the risk of death or serious bodily injury. These procedures may be implemented upon written notification to the Director. Bureau of Prisons, by the Attorney General or, at the Attorney General's direction, by the head of a federal law enforcement agency, or the head of a member agency of the United States intelligence community, that there is a substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. These special administrative measures ordinarily may include housing the inmate in administrative detention and/or limiting certain privileges, including, but not limited to, correspondence, visiting, interviews with representatives of the news media, and use of the telephone, as is reasonably necessary to protect persons against the risk of acts of violence or terrorism. The authority of the Director under this paragraph may not be delegated below the level of Acting Director. (b) Designated staff shall provide to the affected inmate, as soon as practicable, written notification of the restrictions imposed and the basis for these restrictions. The notice's statement as to the basis may be limited in the interest of prison security or safety or to protect against acts of violence or terrorism. The inmate shall sign for and receive a copy of the notification. (c) Initial placement of an inmate in administrative detention and/or any limitation of the inmate's privileges in accordance with paragraph (a) of this section may be imposed for up to 120 days or, with the approval of the Attorney General, a longer period of time not to exceed one year. Special restrictions imposed in accordance with paragraph (a) of this section may be extended thereafter by the Director, Bureau of Prisons, in increments not to exceed one year, upon receipt by the Director of an additional written notification from the Attorney General, or, at the Attorney General's direction, from the head of a federal law enforcement agency or the head of a member agency of the United States intelligence community, that there continues to be a substantial risk that the inmate's communications or contacts with other persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. The authority of the Director under this paragraph may not be delegated below the level of Acting Director. (d) In any case where the Attorney General specifically so orders, based on information from the head of a federal law enforcement or intelligence agency that reasonable suspicion exists to believe that a particular inmate may use communications with attorneys or their agents to further or facilitate acts of terrorism, the Director, Bureau of Prisons, shall, in addition to the special administrative measures imposed under paragraph (a) of this section, provide appropriate procedures for the monitoring or review of communications between that inmate and attorneys or attorneys' agents who are traditionally covered by the attorney-client privilege, for the purpose of deterring future acts that could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. (1) The certification by the Attorney General under this paragraph (d) shall be in addition to any findings or determinations relating to the need for the imposition of other special administrative measures as provided in paragraph (a) of this section, but may be incorporated into the same document. (2) Except in the case of prior court authorization, the Director, Bureau of Prisons, shall provide written notice to the inmate and to the attorneys involved, prior to the initiation of any monitoring or review under this paragraph (d). The notice shall explain: (i) That, notwithstanding the provisions of part 540 of this chapter or other rules, all communications between the inmate and attorneys may be monitored, to the extent determined to be reasonably necessary for the purpose of deterring future acts of violence or terrorism; (ii) That communications between the inmate and attorneys or their agents are not protected by the attorney-client privilege if they would facilitate criminal acts or a conspiracy to commit criminal acts, or if those communications are not related to the seeking or providing of legal advice. (3) The Director, Bureau of Prisons, with the approval of the Assistant Attorney General for the Criminal Division, shall employ appropriate procedures to ensure that all attorney-client communications are reviewed for privilege claims and that any properly privileged materials (including, but not limited to, recordings of privileged communications) are not retained during the course of the monitoring. To protect the attorney-client privilege and to ensure that the investigation is not compromised by exposure to privileged material relating to the investigation or to defense strategy, a privilege team shall be designated, consisting of individuals not involved in the underlying investigation. The monitoring shall be conducted pursuant to procedures designed to minimize the intrusion into privileged material or conversations. Except in cases where the person in charge of the privilege team determines that acts of violence or terrorism are imminent, the privilege team shall not disclose any information unless and until such disclosure has been approved by a federal judge. (e) The affected inmate may seek review of any special restrictions imposed in accordance with paragraph (a) of this section through the Administrative Remedy Program, 28 CFR part 542. (f) Other appropriate officials of the Department of Justice having custody of persons for whom special administrative measures are required may exercise the same authorities under this section as the Director of the Bureau of Prisons and the Warden. [62 FR 33732, June 20, 1997, as amended at 66 FR 55065, Oct. 31, 2001] PART 503-BUREAU OF PRISONS CENTRAL OFFICE, REGIONAL OFFICES, INSTITUTIONS, AND STAFF TRAINING CENTERS Sec. 503.1 Bureau of Prisons Central Office. 503.2 Bureau of Prisons Northeast Regional Office. 503.3 Bureau of Prisons Mid-Atlantic Regional Office. 503.4 Bureau of Prisons Southeast Regional Office. 503.5 Bureau of Prisons North Central Regional Office. 503.6 Bureau of Prisons South Central Regional Office. 503.7 Bureau of Prisons Western Regional Office. 503.8 Bureau of Prisons Staff Training Cen ters. AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4003, 4042, 4081, 4082 (Repealed in part as to offenses 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. SOURCE: 63 FR 55775, Oct. 16, 1998, unless otherwise noted. § 503.1 Bureau of Prisons Central Office. The Bureau of Prisons Central Office is located at 320 First Street NW., Washington, DC 20534. § 503.2 Bureau of Prisons Northeast Regional Office. The Bureau of Prisons Northeast Regional Office is located at U.S. Customs House, 7th Floor, 2nd and Chestnut Street, Philadelphia, Pennsylvania 19106. The following institutions are located within this region. (a) United States Penitentiary (USP) Lewisburg, Pennsylvania 17837. (b) Federal Correctional Institutions (FCI): (1) FCI Danbury, Connecticut 068113099; (2) FCI Fairton, New Jersey 08320; (3) FCI Fort Dix, New Jersey 08640; (4) FCI Loretto, Pennsylvania 15940; (5) FCI McKean, Pennsylvania 16701; (6) FCI Otisville, New York 10963; (7) FCI Ray Brook, New York 12977; (8) FCI Schuylkill, Pennsylvania 17954. (c) Federal Correctional Complex (FCC): (1) USP Allenwood (High), Pennsylvania 17887; (2) FCI Allenwood (Medium), Pennsylvania 17887; (3) FCI Allenwood (Low), Pennsylvania 17887; (4) FPC Allenwood, Pennsylvania 17752. (d) Metropolitan Detention Center (MDC) Brooklyn, New York 11232. (e) Metropolitan Correctional Center (MCC) New York, New York 10007. (f) Federal Medical Center (FMC) Devens, Massachusetts 10432. § 503.3 Bureau of Prisons Mid-Atlantic Regional Office. The Bureau of Prisons Mid-Atlantic Regional Office is located at Junction Business Park, 10010 Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701. The following institutions are located within this region. (a) United States Penitentiary (USP) Terre Haute, Indiana 47808. (b) Federal Correctional Institutions (FCI): (1) FCI Ashland, Kentucky 41101; (2) FCI Beckley, West Virginia 25813; (3) FCI Butner (Medium), North Carolina 27509; (4) FCI Butner (Low), North Carolina 27509-1000; (5) FCI Cumberland, Maryland 21502; (6) FCI Elkton, Ohio 44415; (7) FCI Manchester, Kentucky 40962; (8) FCI Memphis, Tennessee 381347690; (9) FCI Milan, Michigan 48160; (10) FCI Morgantown, West Virgina 26505; (11) FCI Petersburg, Virginia 23804– 1000. (c) Federal Prison Camps (FPC): (1) FPC Alderson, West Virginia 24910; (2) FPC Seymour Johnson, North Carolina 27531-5000. (d) Federal Medical Center (FMC) Lexington, Kentucky 41101. $503.4 Bureau of Prisons Southeast Regional Office. The Bureau of Prisons Southeast Regional Office is located at 3800 North Camp Creek Parkway, SW., Building 2000, Atlanta, GA 30331-5099. The following institutions are located within this region. (a) United States Penitentiary (USP) Atlanta, Georgia 30315-0182. (b) Federal Correctional Institutions (FCI): (1) FCI Edgefield, South Carolina 29824; (2) FCI Estill, South Carolina 29918; (5) FCI Miami, Florida 33177; (FCC): (1) FCI Coleman (Medium), Florida 33521-8997; (2) FCI Coleman (Low), Florida 335218999; (3) FCC Coleman (Administrative), Florida 33521-1029. (d) Federal Prison Camps (FPC): (1) FPC Eglin, Florida 32542; (2) FPC Montgomery, Alabama 36112; (3) FPC Pensacola, Florida 32509-0001. (e) Federal Detention Center (FDC) Miami, Florida 33177. (1) USP (ADMAX) Florence, Colorado 81226; (2) USP Florence (High), Colorado 81226; (3) FCI Florence (Medium), Colorado 81226. (d) Federal Prison Camps (FPC): (1) FPC Duluth, Minnesota 55814; (2) FPC Yankton, South Dakota 57078. (e) U.S. Medical Center for Federal Prisoners (USMCFP) Springfield, Missouri 65808. (f) Federal Medical Center (FMC) Rochester, Minnesota 55903-4600. (g) Metropolitan Correctional Center (MCC) Chicago, Illinois 60605. § 503.6 Bureau of Prisons South Central Regional Office. The Bureau of Prisons South Central Regional Office is located at 4211 Cedar Springs Road, Suite 300, Dallas, Texas 75219. The following institutions are located within this region. (a) Federal Correctional Institutions (FCI): (1) FCI Bastrop, Texas 78602; (2) FCI Big Spring, Texas 79720-7799; (3) FCI El Reno, Oklahoma 73036-1000; (4) FCI Forrest City, Arkansas 72336; (5) FCI La Tuna, Texas 88021; (6) FCI Oakdale, Louisiana 71463; (7) FCI Seagoville, Texas 75159; (8) FCI Texarkana, Texas 75505; (9) FCI Three Rivers, Texas 78071. (b) Federal Correctional Complex (FCC): (1) USP Beaumont (High), Texas 77720-6035; (2) FCI Beaumont (Low), Texas 777206025; (3) FCC Beaumont (Administrative), Texas 77720-6015. (c) Federal Prison Camps (FPC): (1) FPC Bryan, Texas 77803; (2) FPC El Paso, Texas 79906-0300. (d) Federal Medical Center (FMC): (1) FMC Carswell, Texas 76127; (2) FMC Fort Worth, Texas 76119-5996. (e) Federal Detention Center (FDC) Oakdale, Louisiana 71463. (f) Federal Transportation Center (FTC) Oklahoma City, Oklahoma 731898802. § 503.7 Bureau of Prisons Western Regional Office. The Bureau of Prisons Western Regional Office is located at 7950 Dublin Boulevard, 3rd Floor, Dublin, California 94568. The following institutions are located within this region. (a) United States Penitentiary (USP) Lompoc, California 93436. (b) Federal Correctional Institutions (FCI): (1) FCI Dublin, California 94568; (2) FCI Lompoc, California 93436; (3) FCI Phoenix, Arizona 85027; (4) FCI Safford, Arizona 85548; (5) FCI Sheridan, Oregon 97378-9601; (6) FCI Terminal Island, California 90731; (7) FCI Tucson, Arizona 85706. (c) Federal Prison Camps (FPC): (1) FPC Boron, California 93596; (2) FPC Nellis, Nevada 89036-5000. (d) Metropolitan Correctional Center (MCC) San Diego, California 92101-6078. (e) Metropolitan Detention Center (MDC) Los Angeles, California 900121500. (f) Federal Detention Center (FDC) SeaTac, Washington 98168. § 503.8 Bureau of Prisons Staff Training Centers. The Bureau of Prisons Staff Training Centers are located at: (a) Federal Law Enforcement Training Center, Building 21, Glynco, Georgia 31524; 505.7 Procedures for final disposition. AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 31 U.S.C. 3717; Pub. L. 102-395, 106 Stat. 1842 (18 U.S.C. 4001 note); 28 CFR 0.95 0.99. SOURCE: 64 FR 43881, Aug. 11, 1999, unless otherwise noted. § 505.1 Purpose and scope. This part establishes procedures for the assessment and collection of a fee to cover the cost of incarceration. The Director of the Bureau of Prisons has been delegated the authority of the Attorney General (see 28 CFR 0.96c) to assess and collect a fee imposed by the Bureau in the event the court neither imposes nor waives a fine pursuant to the Sentencing Guidelines 5E1.2(d). For purposes of this part, revocation of parole or supervised release is to be treated as a separate period of incarceration for which a fee may be imposed. § 505.2 Annual determination of aver age cost of incarceration. Pursuant to 28 CFR 0.96c, the Bureau of Prisons staff is responsible for calculating the annual average cost of incarceration. This calculation is reviewed annually and the revised figure is published as a notice in the FEDERAL REGISTER. |