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$513.65 Review of documents for Free
dom of Information Act requests. If a document is deemed to contain information exempt from disclosure, any reasonably segregable portion of the record shall be provided to the requester after deletion of the exempt portions. If documents, or portions of documents, in an Inmate Central File have been determined to be nondisclosable by institution staff but are later released by Regional or Central Office staff pursuant to a request under this section, appropriate instructions will be given to the institution to move those documents, or portions, from the Inmate Privacy Folder into the disclosable section of the Inmate Central File.
state the basis for denial under $513.32. The requester who has been denied such access shall be advised that he or she may appeal that decision to the Office of Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530. Both the envelope and the letter of appeal itself should be clearly marked: “Freedom of Information Act Appeal.” $513.67 Fees for Freedom of Informa
tion Act requests. Fees for copies of records disclosed under the FOIA, including fees for a requester's own records, may be charged in accordance with Department of Justice regulations contained in 28 CFR 16.10.
$513.66 Denials and appeals of Free
dom of Information Act requests. If a request made pursuant to the Freedom of Information Act is denied in whole or in part, a denial letter must be issued and signed by the Director or his or her designee, and shall
$513.68 Time limits for responses to
Freedom of Information Act re
quests. Consistent with sound administrative practice and the provisions of 28 CFR 16.1, the Bureau strives to comply with the time limits set forth in the Freedom of Information Act.
SUBCHAPTER B-INMATE ADMISSION, CLASSIFICATION,
PART 522-ADMISSION TO
of civil contempt inmates shall terminate when the Bureau of Prisons receives notification from the court that the reason for the contempt commitment has ended or that the inmate is to be released for any other reason.
Subpart A [Reserved)
Subpart B-Civil Contempt of Court
Sec. 522.10 Purpose and scope. 522.11 Procedures.
Subpart C-Intake Screening 522.20 Purpose and scope. 522.21 Procedures.
Subpart D-Unescorted Transfers and
522.30 Purpose and scope.
Subpart E-Admission and Orientation
522.40 Purpose and scope. 522.41 Responsibility. 522.42 Guidelines for an admission and ori
entation program. 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), 4161-4166 (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: 44 FR 38244, June 29, 1979, unless otherwise noted.
(a) The U.S. Marshal's Service has primary jurisdiction in federal civil contempt commitments.
(b) When a U.S. Marshal requests designation from the Bureau of Prisons for a federal civil contempt commitment because local jails are not suitable, due to medical, security or other reasons, staff may designate the nearest Bureau institution having the necessary facilities.
(c) When the committing court specifies a Bureau of Prisons institution as the place of incarceration in its contempt order, the Bureau of Prisons shall designate that specified facility in accordance with the judicial wishes, unless there is a reason for not placing the inmate in that facility, in which case the matter shall be called to the attention of the court and an attempt made to arrive at an acceptable place of confinement with the agreement of the committing court.
(d) If a federal criminal sentence of imprisonment (including a Narcotic Addict Rehabilitation Act or Youth Corrections Act commitment) exists when a civil contempt commitment is ordered, credit towards service of the criminal sentence is delayed or suspended for the duration of the contempt commitment unless the committing judge orders otherwise.
(e)(1) If a civil contempt commitment order is in effect when a criminal sentence of imprisonment is imposed under 18 U.S.C. Chapter 227 (as applicable to offenses committed before November 1, 1987), the criminal sentence runs concurrently with the commitment order unless the sentencing judge orders otherwise.
(2) If a civil contempt commitment order is in effect when a criminal sentence of imprisonment is imposed
Subpart A [Reserved]
Subpart B-Civil Contempt of
$ 522.10 Purpose and scope.
Occasionally federal civil commitments for contempt of court may be referred to the Bureau of Prisons. These cases are not regular commitments to the custody of the Attorney General and are not convictions for any offense against the laws of the United States. The Bureau of Prisons cooperates with the federal courts in implementing the sentence by making its facilities and resources available. The confinement
under 18 U.S.C. Chapter 227 (as applica- to determine if there are medical reable to offenses committed on or after sons for housing the inmate away from November 1, 1987), the criminal sen- the general population or for restricttence runs consecutively to the com- ing temporary work assignments. mitment order unless the sentencing (3) Staff shall place recorded results judge orders otherwise.
of the intake medical screening and (f) An inmate serving a civil con- the social interview in the inmate's tempt sentence in a Bureau institution central file. will be treated the same as a person
[45 FR 44229, June 30, 1980) awaiting trial; where the inmate is serving a civil contempt sentence and a concurrent criminal sentence, the in
Subpart D-Unescorted Transfers mate will be treated the same as a per
and Voluntary Surrenders son serving a criminal sentence. (g) An inmate is not entitled to stat
8522.30 Purpose and scope. utory or extra good time credits under When the court orders or rec18 U.S.C. 4161-62 while only the civil ommends an unescorted commitment contempt sentence is in effect. Nor is to a Bureau of Prisons institution, the an inmate entitled to good conduct Bureau of Prisons authorizes the comtime credits under 18 U.S.C. 3624(b). mitment and designates the institution Time spent serving only a civil con- for service of sentence. The Bureau of tempt sentence is not considered jail Prisons also authorizes furlough transtime under 18 U.S.C. 3568 or 18 U.S.C. fers of inmates between Bureau of Pris3585(b).
ons institutions or to nonfederal insti
tutions in appropriate circumstances (44 FR 38244, June 29, 1979, as amended at 59 FR 16406, Apr. 6, 1994; 65 FR 34363, May 26,
in accordance with 18 U.S.C. 3622 or 2000]
4082, and within the guidelines of the
Bureau of Prisons policy on furloughs, Subpart C-Intake Screening
which allows inmates travel
unescorted and to report voluntarily to 8522.20 Purpose and scope.
an assigned institution. Bureau of Prisons staff screen newly [61 FR 64953, Dec. 9, 1996) arrived inmates to ensure that Bureau health, safety, and security standards Subpart E-Admission and are met.
Orientation Program [45 FR 44229, June 30, 1980)
SOURCE: 46 FR 59507, Dec. 4, 1981, unless 8522.21 Procedures.
otherwise noted. (a) Except for such camps and other satellite facilities where segregating a
$ 522.40 Purpose and scope. newly arrived inmate in detention is (a) Each inmate committed or transnot feasible, the Warden shall ensure ferred to a Bureau of Prisons instituthat a newly arrived inmate is cleared tion shall become involved in the instiby the Medical Department and pro- tution's Admission and Orientation vided a social interview by staff before (A&O) Program. The Warden shall enassignment to the general population. sure that staff involved with this pro
(1) Immediately upon an inmate's ar- gram offer each newly committed inrival, staff shall interview the inmate mate an orientation to the institution, to determine if there are non-medical to include information on institutional reasons for housing the inmate away requirements and, whenever pracfrom the general population. Staff ticable, visits to the various areas of shall evaluate both the general phys- the institution. The institution A&O ical appearance and emotional condi- Program also shall provide the inmate tion of the inmate.
with an awareness of the: (2) Within 24 hours after an inmate's (1) Inmate's rights and responsibilarrival, medical staff shall medically ities; screen the inmate in compliance with (2) Institution's program opportuniBureau of Prisons' medical procedures ties; and
(3) Institution's disciplinary system.
(b) Pretrial inmates and inmates in holdover status (en route to a different institution) are excluded from the provisions of this rule.
(f) Documentation of A&O Program involvement. Staff shall prepare documentation that the inmate has received a copy of the institution's inmate handouts and has completed the institution's A&O Program. Staff shall have the inmate sign and date a copy of this document. The original of this document shall be placed in the inmate's central file.
(46 FR 59507, Dec. 4, 1981, as amended at 56 FR 20512, May 3, 1991)
[46 FR 59507, Dec. 4, 1981, as amended at 56 FR 20512, May 3, 1991)
PART 523—COMPUTATION OF
(a) The Warden shall assign to a staff member the responsibility to co-ordinate the institution's A&O Program.
(b) Staff involved in the lecture portion of the A&O Program shall develop an outline of the information they wish to include in their presentation.
(c) Staff shall develop written orientation materials to supplement lectures and discussions.
(d) A staff member involved in the A&O Program who believes that an inmate is experiencing significant emotional stress shall notify the A&O staff coordinator so that the inmate may be offered appropriate assistance.
Subpart A-Good Time
Sec. 523.1 Definitions. 523.2 Good time credit for violators.
Subpart B-Extra Good Time
(46 FR 59507, Dec. 4, 1981, as amended at 56 FR 20512, May 3, 1991]
523.10 Purpose and scope. 523.11 Meritorious good time. 523.12 Work/study release good time. 523.13 Community corrections center good
time. 523.14 Industrial good time. 523.15 Camp or farm good time. 523.16 Lump sum awards. 523.17 Procedures.
Subpart C-Good Conduct Time
523.20 Good conduct time.
8522.42 Guidelines for an admission
and orientation program. (a) Location. Each Warden shall determine the appropriate location for the institution's A&O Program.
(b) Quarters. Each Warden shall establish procedures for the assignment of living quarters.
(c) Activities. The A&O staff coordinator is to ensure that the A&O Program provides a full schedule of activities in which each newly committed inmate may participate. Scheduled activities shall include exposure to programs responsive to a specialized need of the inmate, as well as exposure to various work assignments, education programs, and physical and social activity.
(d) Telephone calls. Newly committed inmates shall ordinarily be permitted to complete at least two local or long distance phone calls during the admission process, in accordance with the provisions in part 540, subpart I of this chapter.
(e) Length of A&O Program. An inmate's involvement in the institution's A&O Program is based on the time necessary to accomplish the program's objectives.
AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1, 1987 as to offenses committed on or after that date), 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1, 1987), 4161-4166 (repealed October 12, 1984 as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
SOURCE: 54 FR 32028, Aug. 3, 1989, unless otherwise noted.
Subpart A-Good Time
$ 523.1 Definitions.
(a) Statutory good time means a credit to a sentence as authorized by 18 U.S.C. 4161. The total amount of statutory good time which an inmate is entitled to have deducted on any given sentence, or aggregate of sentences, is calculated and credited in advance, when the sentence is computed.
be required to serve for violation of parole or mandatory release.
Subpart B-Extra Good Time
(b) Extra good time means a credit to a sentence as authorized by 18 U.S.C. 4162 for performing exceptionally meritorious service or for performing duties of outstanding importance in an institution or for employment in a Federal Prison Industry or Camp. “Extra Good Time" thus includes Meritorious Good Time, Work/Study Release Good Time, Community Corrections Center Good Time, Industrial Good Time, Camp or Farm Good Time, and Lump Sum Awards. Extra good time and seniority are inseparable with the exception of lump sum awards for which no seniority is earned.
(c) Seniority refers to the time accrued in an extra good time earning status. Twelve months of “seniority'' automatically cause the earning rate to increase from three days per month to five days per month and seniority is then vested.
(d) Earning status refers to the status of an inmate who is in an assignment or employment which accrues extra good time.
8523.2 Good time credit for vi tors.
(a) An inmate conditionally released from imprisonment either by parole or mandatory release can earn statutory good time, upon being returned to custody for violation of supervised release, based on the number of days remaining to be served on the sentence. The rate of statutory good time for the violator term is computed at the rate of the total sentence from which released.
(b) An inmate whose special parole term is revoked can earn statutory good time based on the number of days remaining to be served on the special parole violator term. The rate of statutory good time for the violator term is computed at the rate of the initial special parole term plus the total sentence that was served prior to the special parole term and to which the special parole term was attached.
(c) Once an inmate is conditionally released from imprisonment, either by parole, including special parole, or mandatory release, the good time earned (extra or statutory) during that period of imprisonment is of no further effect either to shorten the period of supervision or to shorten the period of imprisonment which the inmate may
$ 523.10 Purpose and scope.
(a) The Bureau of Prisons awards extra good time credit for performing exceptionally meritorious service, or for performing duties of outstanding importance or for employment in an industry or camp. An inmate may earn only one type of extra good time award at a time (e.g., an inmate earning industrial or camp good time is not eligible for meritorious good time), except that a lump sum award as provided in 8523.16 may be given in addition to another extra good time award. The Warden or the Discipline Hearing Officer may not forfeit or withhold extra good time. The Warden may disallow or terminate the awarding of any type of extra good time (except lump sum awards), but only in a nondisciplinary context and only upon recommendation of staff. The Discipline Hearing Officer may disallow or terminate the awarding of any type of extra good time (except lump sum awards), as a disciplinary sanction. Once an awarding of meritorious good time has been terminated, the Warden must approve a new staff recommendation in order for the award to recommence. A “disallowance" means that an inmate does not receive an extra good time award for only one calendar month. Unless other action is taken, the award resumes the following calendar month. A "disallowance" must be for the entire amount of extra good time for that calendar month. There may be no partial disallowance. A decision to disallow or terminate extra good time may not be suspended pending future consideration. A retroactive award of meritorious good time may not include a month in which extra good time has been disallowed or terminated.
(b) The provisions of this rule do not apply to inmates sentenced under the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. This means that inmates sentenced under the Sentencing Reform Act provisions for offenses committed on or after November 1, 1987 are not eligible for either statutory or extra good