$505.3 Inmates exempted from fee assessment. Inmates who began service of sentence before January 1, 1995, or who have had a fine either imposed or expressly waived by the United States District Court, pursuant to Section 5E1.2 (e) of the United States Sentencing Guidelines, or any successor provisions, are exempt from fee assessment otherwise required by this part. $505.4 Calculation of assessment by unit staff. Bureau of Prisons Unit Team staff are responsible for computing the amount of the fee to be paid by each inmate who has not been exempted from fee assessment. The inmate will only be assessed an amount once for the cost of incarceration for each separate period of incarceration. (a) Unit Team staff are to rely exclusively on the information contained in the Presentence Investigation Report and findings and orders of the sentencing court in order to determine the extent of an inmate's assets, liabilities and dependents. (b) The fee is assessed in accordance with the following formula: If an inmate's assets are equal to or less than the poverty level, as established by the United States Department of Health and Human Services and published annually in the FEDERAL REGISTER, no fee is to be imposed. If an inmate's assets are above the poverty level, Unit Team staff are to impose a fee equal to the inmate's assets above the poverty level up to the average cost to the Bureau of Prisons of confining an inmate for one year. (c) If the amount of time that the inmate is in custody is less than 334 days (including pretrial custody time), the maximum fee to be imposed is to be computed by prorating the fee on a monthly basis. $505.5 Waiver of fee by Warden. The Warden may reduce or waive the fee if the inmate establishes that: (a) He or she is not able and, even with the use of a reasonable installment schedule, is not likely to become able to pay all or part of the fee, or (b) Imposition of a fee would unduly burden the inmate's dependents. § 505.6 Procedures for payment. Fees imposed pursuant to this part are due and payable after notice of the Unit Team actions. When the inmate participates in the inmate financial responsibility program (see 28 CFR part 545, subpart B), fees are to be included under the category "other federal government obligations" and are to be paid before other financial obligations included in that same category. Fees may be subject to interest charges. § 505.7 Procedures for final disposition. Before the inmate completes his or her sentence, Unit Team staff must review the status of the inmate's fee. Any unpaid amount will be referred for collection in accordance with Federal Claims Collection Standards (4 CFR Chapter II). PART 511-GENERAL MANAGEMENT POLICY Subpart A [Reserved] Subpart B-Searching and Detaining or Arresting Persons Other Than Inmates Sec. 511.10 Purpose and scope. 511.11 511.12 Definitions. Procedures for searching visitors. 511.13 Controlled visiting-denying visits. 511.14 Right of refusal/termination of a visit. 511.15 Detaining visitors. 511.16 Use of arrest authority. AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793, 3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed as to offenses committed on or after November 1, 1987), 50065024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99, 6.1. SOURCE: 49 FR 44057, Nov. 1, 1984, unless otherwise noted. Subpart A [Reserved] Subpart B-Searching and Detaining or Arresting Persons Other Than Inmates § 511.10 Purpose and scope. (a) In an effort to prevent the introduction of contraband (such prohibited objects as defined in §511.11(c)) into an institution, Bureau of Prisons staff may subject all persons entering an institution, or during their presence in an institution, to a search of their persons and effects. (b) Title 18, United States Code, section 3050 authorizes Bureau of Prisons employees (does not include United States Public Health Service employees) (1) To make an arrest on or off Bureau of Prisons premises without warrant for violation of the following provisions regardless of where the violation may occur: section 111 (assaulting officers), section 751 (escape), section 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code; (2) To make an arrest on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violation occurring thereon of the following provisions: section 661 (theft), section 1361 (depredation of property), section 1363 (destruction of property), section 1791 (contraband), section 1792 (mutiny and riot), and section 1793 (trespass) of title 18, United States Code, and (3) To arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property. Bureau policy provides that such an arrest may be made when staff has probable cause to believe that a person has committed one of these offenses and when there is likelihood of the person escaping before a warrant can be obtained. [59 FR 5924, Feb. 8, 1994] positive reading of a metal detector; or when contraband or an indicia of contraband is found during search of a visitor's personal effects. (b) Probable cause. As used in this rule, probable cause exists if the facts and circumstances that are known to the Warden would warrant a person of reasonable caution to believe that an offense has been committed. sub (c) Prohibited object. A firearm or destructive device; ammunition; a weapon or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison; a narcotic drug, lysergic acid diethylamide, or phencyclidine; a controlled stance or alcoholic beverage; any United States or foreign currency; and any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual. [59 FR 5924, Feb. 8, 1994] § 511.12 Procedures for searching visitors. (a) The Warden shall post a notice outside the institution's secure perimeter advising all persons that it is a Federal crime to bring upon the institution grounds any weapons, intoxicants, drugs, or other contraband, and that all persons, property (including vehicles), and packages are subject to search. A person may not use either a camera or recording equipment on institution grounds without the written consent of the Warden. (b) The Warden may require visitors entering the institution from outside the secure perimeter to submit to a search: (1) By electronic means (for example, walk-through and/or hand-held metal detector). (2) Of personal effects. The institution ordinarily provides locker space for personal effects not taken into the visiting room. (c) The Warden may authorize a pat search of a visitor as a prerequisite to a visit when there is reasonable suspicion that the visitor possesses contraband, or is introducing or attempting to introduce contraband into the institution. (d) The Warden may authorize a visual search (visual inspection of all body surfaces and cavities) of a visitor as a prerequisite to a visit to an inmate in a low and above security level institution, or administrative institution, or in a pretrial or in a jail (detention) unit within any security level institution when there is reasonable suspicion that the visitor possesses contraband or is introducing or attempting to introduce contraband into the institution. (e) The Warden may authorize a breathalyzer or urine surveillance test or other comparable test of a visitor as a prerequisite to a visit to an inmate when there is reasonable suspicion that the visitor is under the influence of a narcotic, drug, or intoxicant. As stated in §511.14, the visitor may refuse to take the test, but the visit will not be allowed. (f) A pat search, visual search, or urine surveillance test is to be conducted by a person of the same sex as the visitor. A pat search, visual search, urine surveillance, or breathalyzer test shall be conducted out of the view of other visitors and inmates. [49 FR 44057, Nov. 1, 1984, as amended at 51 FR 26126, July 18, 1986; 56 FR 4159, Feb. 1, 1991: 59 FR 5925, Feb. 8, 1994; 63 FR 11818, Mar. 10, 1998] (a) The Warden may restrict visiting to controlled situations or to more closely supervised visits when there is any suspicion that the visitor is introducing or attempting to introduce contraband, or when there has been a prior incident of such introduction or attempted introduction, or when there is any concern, based upon sound correctional judgment, about the visitor presenting a risk to the orderly running of the visiting room or area. (b) The Warden may deny visiting privileges when a controlled or closely supervised visit is not possible. (c) Staff shall deny admission to the institution to a visitor who refuses to be screened by a metal detector or who refuses to undergo a search of person and/or effects as dictated by these rules. $511.14 Right of refusal/termination of a visit. (a) A visitor who objects to any of the search or test or entrance procedures has the option of refusing and leaving the institution property, unless there is reason to detain and/or arrest. (b) Staff may terminate a visit upon determining that a visitor is in possession of, or is passing or attempting to pass contraband not previously detected during the search process, or is engaged in any conduct or behavior which poses a threat to the orderly or secure running of the institution, or to the safety of any person in the institution. The staff member terminating the visit is to prepare written documentation describing the basis for this action. § 511.15 Detaining visitors. (a) Staff may detain a visitor or any person who is found to be introducing or attempting to introduce such contraband as narcotics, intoxicants, lethal or poisonous chemicals or gases, guns, knives, or other weapons, or who is engaged in any other conduct which is a violation of law (including, but not limited to, actions which assist escape, such as possession of escape paraphernalia, or which induce riots), pending notification and arrival of appropriate law enforcement officials. The standard for such detention is a finding, based on probable cause, that the person has engaged in such a violation. Institution staff should not interrogate suspects unless immediate questioning is necessary to protect the security of the institution or the life or safety of any person. (b) Staff shall employ only the minimum amount of force necessary to detain the individual. Visitors will be detained in an area away from the sight of, and where there can be no contact with, other visitors and inmates. § 511.16 Use of arrest authority. To effect an arrest under any of the cited sections in §511.10(b) of this part, or under any future arrest authorization statute that may be approved by the Congress of the United States, staff shall have probable cause that the suspected individual is violating the law. § 512.10 Purpose and scope. General provisions for the protection of human subjects during the conduct of research are contained in 28 CFR part 46. The provisions of this subpart B specify additional requirements for prospective researchers (both employees and non-employees) to obtain approval to conduct research within the Bureau of Prisons (Bureau) and responsibilities of Bureau staff in processing proposals and monitoring research projects. Although some research may be exempt from 28 CFR part 46 under § 46.101(b)(5), as determined by the Office of Research and Evaluation (ORE) of the Bureau, no research is exempt from 28 CFR part 512. For the purpose of this subpart, implementation of Bureau programmatic or operational ini tiatives made through pilot projects is not considered to be research. [59 FR 13860, Mar. 23, 1994, as amended at 62 FR 6661, Feb. 12, 1997] § 512.11 Requirements for research projects and researchers. (a) Except as provided for in paragraph (b) of this section, the Bureau requires the following: (1) In all research projects the rights, health, and human dignity of individuals involved must be respected. (2) The project must have an adequate research design and contribute to the advancement of knowledge about corrections. (3) The project must not involve medical experimentation, cosmetic research, or pharmaceutical testing. (4) The project must minimize risk to subjects; risks to subjects must be reasonable in relation to anticipated benefits. The selection of subjects within any one institution must be equitable. When applicable, informed consent must be sought and documented (see §§ 512.15 and 512.16). (5) Incentives may not be offered to help persuade inmate subjects to participate. However, soft drinks and snacks to be consumed at the test setting may be offered. Reasonable accommodations such as nominal monetary recompense for time and effort may be offered to non-confined search subjects who are both: re (i) No longer in Bureau of Prisons custody, and (ii) Participating in authorized research being conducted by Bureau employees or contractors. (6) The researcher must have academic preparation or experience in the area of study of the proposed research. (7) The researcher must assume responsibility for actions of any person engaged to participate in the research project as an associate, assistant, or subcontractor to the researcher. (8) Except as noted in the informed consent statement to the subject, the researcher must not provide research information which identifies a subject to any person without that subject's prior written consent to release the information. For example, research information identifiable to a particular individual cannot be admitted as evidence or used for any purpose in any action, suit or other judicial, administrative, or legislative proceeding without the written consent of the individual to whom the data pertains. (9) The researcher must adhere to applicable provisions of the Privacy Act of 1974 and regulations pursuant to this Act. (10) The research design must be compatible with both the operation of prison facilities and protection of human subjects. The researcher must observe the rules of the institution or office in which the research is conducted. (11) Any researcher who is a non-employee of the Bureau must sign a statement in which the researcher agrees to adhere to the provisions of this subpart. (12) Except for computerized data records maintained at an official Department of Justice site, records which contain nondisclosable information directly traceable to a specific person may not be stored in, or introduced into, an electronic retrieval system. (13) If the researcher is conducting a study of special interest to the Office of Research and Evaluation (ORE), but the study is not a joint project involving ORE, the researcher may be asked to provide ORE with the computerized research data, not identifiable to individual subjects, accompanied by detailed documentation. These arrangements must be negotiated prior to the beginning of the data collection phase of the project. (14) The researcher must submit planned methodological changes in a research project to the IRB for approval, and may be required to revise study procedures in accordance with the new methodology. (b) Requests from Federal agencies, the Congress, the Federal judiciary, or State or local governments to collect information about areas for which they are responsible and requests by private organizations for organizational rather than personal information from Bureau staff shall be reviewed by ORE to determine which provisions of this subpart may be waived without jeopardizing the safety of human subjects. ORE shall document in writing the waiver of any specific provision along with the justification. [62 FR 6661, Feb. 12, 1997] § 512.12 Content of research proposal. When submitting a research proposal, the applicant shall provide the following information: (a) A summary statement which includes: (1) Name(s) and current affiliation(s) of the researcher(s); (2) Title of the study; (8) Number of subjects (staff/inmates) required and amount of time required from each; and (9) Indication of risk or discomfort involved as a result of participation. (b) A comprehensive statement which includes: (1) Review of related literature; (2) Detailed description of the research method; (3) Significance of anticipated results and their contribution to the advancement of knowledge; (4) Specific resources required from the Bureau; (5) Description of all possible risks, discomforts, and benefits to individual subjects or a class of subjects, and a discussion of the likelihood that the risks and discomforts will actually occur; (6) Description of steps taken to minimize any risks described in (b)(5) of this section. (7) Description of physical and/or administrative procedures to be followed to: (i) Ensure the security of any individually identifiable data that are being collected for the project, and (ii) Destroy research records or remove individual identifiers from those records when the research has been completed. (8) Description of any anticipated effects of the research project on institutional programs and operations; and (9) Relevant research materials such as vitae, endorsements, sample informed consent statements, questionnaires, and interview schedules. |