3 April 2006
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[Federal Register: April 3, 2006 (Volume 71, Number 63)]
[Proposed Rules]
[Page 16520-16525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap06-17]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP Docket No. 1135-P]
RIN 1120-AB35
Limited Communication for Terrorist Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes a
new regulation that allows for limiting the communication opportunities
of inmates charged with, convicted of, or detained in relation to, an
offense under Title 18 U.S.C. chapters 113B or 115; or are charged with
having engaged in, have engaged in, are detained in relation to, or who
have an identifiable link to terrorist-related activity. The Warden may
only impose communication restrictions under this regulation, when the
Federal Bureau of Investigation (FBI), or other Federal law enforcement
agency, makes a request to the Bureau to have an individual inmate's
communications limited, unless Bureau of Prisons information indicates
a similar need to impose the communication restriction. Once this
request by the FBI or other Federal law enforcement agency is made, the
Warden of the facility where the inmate is housed will consider whether
such a limitation is necessary to ensure the
[[Page 16521]]
safety and security of the institution; protection of the public; or
national security. If the Warden deems it necessary, the inmate's
communications will be limited after approval by the Regional Director
and the Assistant Director, Correctional Programs Division.
DATES: Comments are due by June 2, 2006.
ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. Comments should be
submitted to the Rules Unit, Office of General Counsel, Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an
electronic version of this regulation at http://www.regulations.gov. You may also comment via the Internet to BOP at BOPRULES@BOP.GOV. or by
using the http://www.regulations.gov comment form for this regulation.
When submitting comments electronically you must include the BOP Docket
No. in the subject box.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION: In this document, the Bureau issues a new
regulation that allows for limiting the communication opportunities of
inmates charged with, convicted of, or detained in relation to an
offense under Title 18 U.S.C. Chapters 113B or 115; or are charged with
having engaged in, have engaged in, are detained in relation to, or who
have an identifiable link to terrorist-related activity.
Under this regulation, when the Federal Bureau of Investigation
(FBI), or other Federal law enforcement agency, makes a request to the
Bureau to have an individual inmate's communications limited, the
Warden of the facility where the inmate is housed will consider whether
such a limitation is necessary to ensure the safety and security of the
institution; protection of the public; or national security. The Warden
may also initiate the process if Bureau of Prisons information
indicates a similar need to impose communication restrictions. If the
Warden deems it necessary, the inmate's communications will be limited
after approval by the Regional Director and the Assistant Director,
Correctional Programs Division.
While this regulation may allow for limiting the communication of
inmates to whom it is applied, it will not extinguish their monitored
communication abilities absent abuse or violations committed by the
inmate. With this regulation, the Bureau seeks, when warranted, on a
case-by-case basis, to minimize communication while still accommodating
the rights guaranteed by the First Amendment to petition for redress of
grievances. By limiting the communications of these inmates, the Bureau
seeks to balance First Amendment rights with its obligations to ensure
the safety and security of the institution; protection of the public;
and/or national security.
The proposed regulation would give the Bureau authority for
imposing limits and restrictions on the communications of inmates in
the Bureau's custody based on criteria or evidence, either from outside
sources (such as other federal agencies) or from internal sources (such
as intelligence gained through observation of inmates in Bureau
custody). Communications would be limited if such evidence indicates,
inter alia, a high degree of potential risk to national security.
However, this regulation will be applied differently from regulations
in 28 CFR part 501, which authorize the Attorney General to impose
special administrative measures (SAMs).
Under 28 CFR part 501, SAMs are imposed after approval by the
Attorney General and are generally based on information from the FBI
and the U.S. Attorney's Office (USAO), but are typically not based
solely on information from internal Bureau of Prisons sources. Unlike
28 CFR part 501, the proposed regulations allow the Bureau to impose
communication limits upon request from FBI or other Federal law
enforcement agency, or if Bureau of Prisons information indicates a
similar need to impose communication restrictions, evidence which does
not rise to the same degree of potential risk to national security or
risk of acts of violence or terrorism which would warrant the Attorney
General's intervention by issuance of a SAM.
Furthermore, while SAMs have the potential to restrict
communication entirely, this regulation delineates a floor of limited
communication, beneath which the Bureau cannot restrict unless
precipitated by the inmate's violation of imposed limitations, and then
only as a disciplinary sanction following due process procedures in 28
CFR part 541.
Past behaviors of terrorist inmates provide sufficient grounds to
suggest a substantial risk that they may inspire or incite terrorist-
related activity, especially if communicated to groups willing to
become martyrs, or to provide equipment or logistics to carry out
terrorist-related activities. The potential ramifications of this
activity outweigh the inmate's interest in unlimited communication with
persons in the community other than immediate family members, U.S.
courts, Federal judges, U.S. Attorney's Offices, members of U.S.
Congress, the Bureau, other Federal law enforcement entities, verified
consular officers of the inmate's country if the inmate is a national
of a foreign country, and the inmate's attorney.
Communication related to terrorist-related activity can occur in
codes which are difficult to detect and extremely time-consuming to
interpret. Inmates involved in such communication, and other persons
involved or linked to terrorist-related activities, take on an exalted
status with other like-minded individuals. Their communications acquire
a special level of inspirational significance for those who are already
predisposed to these views, causing a substantial risk that such
recipients of their communications will be incited to unlawful
terrorist-related activity.
The danger of coded messages from prisoners has been recognized by
the courts. See Turner v. Safley, 482 U.S. 78, 93 (1987) (``In any
event, prisoners could easily write in jargon or codes to prevent
detection of their real messages.''); United States v. Salameh, 152
F.3d 88, 108 (2nd Cir. 1998) (``Because Ajaj was in jail and his
telephone calls were monitored, Ajaj and Yousef spoke in code when
discussing the bomb plot.''); United States v. Johnson, 223 F.3d 665,
673 (7th Cir. 2000) (``And we know that anyone who has access to a
telephone or is permitted to receive visitors may be able to transmit a
lethal message in code.''); United States v. Hammoud, 381 F.3d 316, 334
(4th Cir. 2004) (``A conversation that seems innocuous on one day may
later turn out to be of great significance, particularly if the
individuals are talking in code.''); United States v. Moncivais, 401
F.3d 751, 757 (6th Cir. 2005) (noting police testimony that seemingly
nonsensical conversations could be in code and interpreted as
indicative of drug dealing activity). Also, an Al Qaeda training manual
contains the following advice regarding communications from prison:
``Take advantage of visits to communicate with brothers outside prison
and exchange information that may be helpful to them in their work
outside prison. The importance of mastering the art of hiding messages
is self evident here.''
There have been cases of imprisoned terrorists communicating with
their followers regarding future terrorist activity. For example, after
El Sayyid Nosair assassinated Rabbi Kahane, he was placed in Rikers
Island, where ``he began to receive a steady stream of
[[Page 16522]]
visitors, most regularly his cousin El-Gabrowny, and also Abouhalima,
Salameh, and Ayyad. During these visits, as well as subsequent visits
once Nosair was at Attica, Nosair suggested numerous terrorist
operations, including the murders of the judge who sentenced him and of
Dov Hikind, a New York City Assemblyman, and chided his visitors for
doing nothing to further the jihad against the oppressors. Nosair also
tape recorded messages while in custody * * * '' United States v.
Rahman, 189 F.3d 88, 105-06 (2d Cir. 1999). Imprisoned, Sheikh Abdel
Rahman had urged his followers to wage jihad to obtain his release.
Violent attacks and murders followed. United States v. Sattar, 314
F.Supp.2d 279, 288-89 (S.D.N.Y. 2004).
To minimize the risk of terrorist-related communication being sent
to or from inmates in Bureau custody, this regulation allows the
Bureau, upon request from FBI or other Federal law enforcement agency
or if Bureau of Prisons information indicates a similar need to impose
communication restrictions, to limit the communication of inmates,
individually identified under this regulation, to immediate family
members, U.S. courts, Federal judges, U.S. Attorney's Offices, members
of U.S. Congress, the Bureau, other Federal law enforcement entities,
verified consular officers of the inmate's country if the inmate is a
national of a foreign country, and the inmate's attorney. The Bureau
allows communication with these individuals to help inmates maintain
family ties, and to protect inmates' access to courts and other
government officials in order to raise issues related to their
incarceration or their conditions of confinement, while minimizing the
threat to the safety and security of the institution and protecting the
public and national security.
The proposed regulation provides that the initial decision
regarding whether an inmate's communication will be limited will be
made when FBI or another Federal law enforcement agency makes a request
to the Bureau to have an inmate's communication limited, or if Bureau
of Prisons information indicates a similar need to impose communication
restrictions.
Upon receiving such a request from the FBI or other Federal law
enforcement agency, the Warden of the facility where the inmate is
housed will consider whether such limitations are necessary to ensure
the safety and security of the institution; protection of the public;
or national security.
If the Warden deems such limitations necessary, that inmate's
communications will be so limited after approval by the Regional
Director and the Assistant Director, Correctional Programs Division.
The Warden is in the unique position of having access to a wide
variety of information regarding an inmate's past and present activity
and propensities, and can analyze the totality of an inmate's
circumstances to determine whether to limit communications. The Warden
will also be aware of national security concerns, and can assess the
propensity of inmates to act in a way that presents a national security
risk, such as attempting to recruit others, based on available
information.
Currently, there are several Bureau regulations which underscore
the Warden's authority and unique ability to make determinations and
take action to ensure protection of the public. For instance, in the
Bureau's Federal regulations in volume 28 of the Code of Federal
Regulations:
Sections 524.70-524.76, regarding the Central Inmate
Monitoring (CIM) System, allows the Warden to evaluate and determine
whether certain inmates present special needs for management and
therefore require a higher level of review for transfers, temporary
releases, or community activities, not to preclude such inmates from
such activities where otherwise eligible, but to provide necessary
protection to all concerned. Section 540.14(d) states that the
Warden may reject correspondence sent by or to an inmate if it is
determined detrimental to the security, good order, or discipline of
the institution, to the protection of the public, or if it might
facilitate criminal activity.
Section 540.15 allows the Warden to place an inmate on
restricted general correspondence for several reasons, including if
the inmate is a security risk, threatens a government official, or
otherwise attempts to commit illegal activities.
Section 540.100(a) states that inmate telephone use is
subject to those limitations which the Warden determines are
necessary to ensure the security or good order, including
discipline, of the institution or to protect the public. More
specifically, Sec. 540.101(a)(3) allows the Associate Warden to
deny placement of a telephone number on an inmate's telephone list
if she/he determines that there is a threat to the public. Sec.
540.102 allows for monitoring of inmate telephone calls, also to
protect the public.
Section 545.23(d) provides that, when making inmate
work assignments, Wardens must consider the institution's security
and operational needs, and [the assignment] should be consistent
with the safekeeping of the inmate and protection of the public.
Section 570.35(a) requires the Warden to make a
determination regarding whether granting an inmate a furlough if the
presence of that inmate in the community could attract undue public
attention or create unusual concern.
When applied to individual inmates under this regulation, the
Bureau will actively monitor the frequency, volume, and content of
their limited communications, except those to/from the inmate's
attorney or a verified consular officer. To effectively and efficiently
allow monitoring and review of these inmates' communications with
immediate family members, those communications may be limited in
frequency and volume as follows:
Written correspondence may be limited to three pieces
of paper, double-sided, once per week to and from a single
recipient;
Telephone communication may be limited to a single
completed call per calendar month for up to 15 minutes; and
Visiting may be limited to one hour each calendar
month.
Absent abuse or violations by the inmate, this regulation does not
limit the frequency or volume of written communication with U.S.
courts, Federal judges, U.S. Attorney's Offices, members of U.S.
Congress, the Bureau, other Federal law enforcement entities, verified
consular officers of the inmate's country if the inmate is a national
of a foreign country, and the inmate's attorney.
By limiting the frequency and volume of the communication to/from
inmates identified under this regulation, we will reduce the amount of
communication requiring monitoring and review. Reducing the volume of
communications will help ensure the Bureau's ability to provide
heightened scrutiny in reviewing communications, and thereby reducing
the terrorism threat to the public and national security.
Inmates may incur additional limitations on their communications as
the direct result of abusing or violating individualized communication
limits imposed under this subsection, but additional limitations will
occur only to the extent possible under this regulation and according
to the procedures in this subsection. Unmonitored communications with
verified attorneys and consular officers may be further limited in the
form of monitoring only as provided in part 501 and 28 CFR part 543.
Inmates may also be subject to disciplinary action or criminal
prosecution for abusing or violating limits imposed under this
subsection.
Executive Order 12866
This regulation falls within a category of actions that the Office
of Management and Budget (OMB) has determined to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was reviewed by OMB.
[[Page 16523]]
The Bureau of Prisons has assessed the costs and benefits of this
regulation as required by Executive Order 12866 Section 1(b)(6) and has
made a reasoned determination that the benefits of this regulation
justify its costs. There will be no new costs associated with this
regulation.
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, under Executive Order 13132,
we determine that this regulation does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
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 the correctional management of
offenders and immigration detainees 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 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, 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 regulation is not a major rule as defined by Sec. 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This
regulation 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 540
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
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
propose to amend 28 CFR part 540 as follows.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 540--CONTACT WITH PERSONS IN THE COMMUNITY
1. The authority citation for 28 CFR part 540 is revised to read as
follows:
Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. Chapters 113b and
115, 1791, 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; 28 U.S.C. 509, 510, 530C(b)(6).
2. Add a new subpart J, to read as follows:
Subpart J--Limited Communication of Terrorist Inmates
Sec.
540.200 Purpose and Scope.
540.201 Definitions.
540.202 Limited Written Correspondence.
540.203 Limited Telephone Communication.
540.204 Limited Visiting.
540.205 Procedures.
Subpart J--Limited Communication of Terrorist Inmates
Sec. 540.200 Purpose and Scope.
(a) This subpart authorizes and defines the Federal Bureau of
Prisons' (Bureau) authority to limit the communication of inmates (as
defined in 28 CFR 500.1(c)) who have an identifiable link to terrorist-
related activity as provided in paragraph (b) of this section.
(b) This subpart may be applied to inmates in Bureau custody who
are not under special administrative measures as described in 28 CFR
part 501, who meet the criteria in Sec. 540.205(b), and who:
(1) Are charged with, convicted of, or detained in relation to, an
offense under Title 18 U.S.C. Chapters 113B or 115, or
(2) Are charged with having engaged in, have engaged in, are
detained in relation to, or have an identifiable link to terrorist-
related activity.
(c) The regulations in this subpart supercede and control to the
extent they conflict with, are inconsistent with, or impose greater
limitations than the regulations in 28 CFR part 540, or any other
regulations in this chapter, except 28 CFR part 501.
Sec. 540.201 Definitions.
As used in this subpart:
(a) Terrorist-related activity means any activity that--
(1) Involves violent acts or acts dangerous to human life that are
a violation of the criminal laws of the United States or of any State,
or that would be a criminal violation if committed within the
jurisdiction of the United States or of any State; and
(2) Appears to be intended--
(i) To intimidate or coerce a civilian population;
(ii) To influence the policy of a government by intimidation or
coercion; or
(iii) To affect the conduct of a government by mass destruction,
assassination, or kidnaping.
(b) Engaging in terrorist-related activity means, in an individual
capacity or as a member of an organization:
(1) To commit, or to incite to commit activity described in
paragraph (a) of this regulation;
(2) To prepare or plan activity described in paragraph (a) of this
regulation;
(3) To gather information on potential targets for activity
described in paragraph (a) of this regulation;
(4) To contribute, donate or solicit funds or other things of value
for:
(i) Activity described in paragraph (a) of this regulation; or
(ii) A terrorist-related organization;
(5) To solicit any individual:
(i) To engage in conduct otherwise described in this subpart; or
(ii) For membership in a terrorist-related organization; or
(6) To commit an act that the actor knows, or reasonably should
know, affords material support, including a safe house, transportation,
communications, funds, transfer of funds or other material financial
benefit, false documentation or identification, weapons (including
chemical, biological, or radiological weapons), explosives, or
training:
(i) For the commission of activity described in paragraph (a) of
this regulation;
(ii) To any individual who the actor knows, or reasonably should
know, has committed or plans to commit activity described in paragraph
(a) of this regulation; or
(iii) To a terrorist-related organization.
(c) Terrorist-related organization means an organization:
(1) Designated under section 1189 of Title 8;
[[Page 16524]]
(2) Otherwise designated, via publication in the Federal Register,
by the Secretary of State in consultation with or upon the request of
the Attorney General, as a terrorist organization, after finding that
the organization engages in terrorist-related activities; or
(3) That is a group of two or more individuals, whether organized
or not, which engages in terrorist-related activities.
(d) Immediate family members means spouse, mother, father,
siblings, and children.
Sec. 540.202 Limited Written Correspondence.
The ability of inmates covered by this subpart to engage in written
correspondence may be limited as follows:
(a) General correspondence. All general correspondence, as defined
by part 540, may be limited to immediate family members. Correspondence
to and/or from U.S. courts, Federal judges, U.S. Attorney's Offices,
members of U.S. Congress, the Bureau, and other Federal law enforcement
entities will be considered general correspondence, for the purposes of
this regulation, as described below.
(1) Correspondence with immediate family members. Volume and
frequency of outgoing and incoming general correspondence with
immediate family members only, may be limited to three pieces of paper
(not larger than 8\1/2\ x 11 inches), double-sided writing permitted,
once per calendar week to and from a single recipient.
(2) Correspondence with U.S. courts, Federal judges, U.S.
Attorney's Offices, members of U.S. Congress, the Bureau, and other
Federal law enforcement entities. There is no frequency or volume
limitation on this type of correspondence, unless the quantity to be
processed becomes unreasonable or the inmate abuses or violates these
regulations. This correspondence is subject to staff inspection for
contraband and for content.
(b) Special mail, as defined in part 540, is limited to privileged
communication with the inmate's attorney and, if the inmate is a
national of a foreign country, a verified consular officer of that
country. There is no frequency or volume limitation on this type
correspondence, unless necessary as a result of the inmate's abuse or
violation of these regulations. All special mail is subject to staff
inspection in the inmate's presence for contraband and to ensure its
qualification as special mail.
Sec. 540.203 Limited Telephone Communication.
The ability of inmates covered by this subpart to engage in
telephone communication may be limited as follows:
(a) Monitored telephone communication may be limited to immediate
family members only. The frequency and duration of this communication
may be limited to a single connected call per calendar month lasting no
longer than 15 minutes. Communication must be in English or
simultaneously translated by an approved interpreter.
(b) Unmonitored telephone communication is limited to privileged
communication with the inmate's attorney and, if the inmate is a
national of a foreign country, to telephone conversations with verified
consular representatives of that country. Unmonitored privileged
telephone communication with the inmate's attorney is permitted:
(1) For pretrial inmates (as defined in 28 CFR part 551), upon
request of the inmate, as available resources permit; and
(2) For convicted inmates (as defined in 28 CFR part 551), as
necessary in furtherance of active litigation, after establishing that
communication with the verified attorney by confidential correspondence
or visiting, or monitored telephone use, is not adequate due to an
urgent or impending deadline.
Sec. 540.204 Limited Visiting.
The ability of inmates covered by this subpart to visit with
persons from the community may be limited as follows:
(a) Regular visiting may be limited to immediate family members.
(1) The frequency and duration of regular visiting may be limited
to one hour each calendar month. The number of visitors permitted
during any visit is within the Warden's discretion. Such visits may
occur through contact or non-contact visiting facilities, at the
discretion of the Warden.
(2) Regular visits may be simultaneously monitored and/or recorded,
both visually and auditorily, either in person or electronically.
(3) Communication during such visits must occur either in English,
or be simultaneously translated by an approved interpreter.
(b) Attorney visiting is limited to attorney-client privileged
communication as provided in part 540. Attorney visiting is permitted
for the inmate's verified attorney only, unless the inmate is in the
process of obtaining an attorney. These visits may be visually, but not
auditorily, monitored.
(1) For pretrial inmates (as defined in 28 CFR part 551),
regulations and policies previously established under 28 CFR part 551
are applicable.
(2) For convicted inmates (as defined in 28 CFR part 551),
regulations and policies previously established under 28 CFR part 543
are applicable.
(c) Consular visiting is limited to the inmate's verified consular
officer, for inmates who are nationals of a foreign country, as
provided in 28 CFR part 540. Consular officer visits may be visually,
but not auditorily, monitored.
Sec. 540.205 Procedures.
When warranted, limited communication under this subpart will be
implemented according to the following procedures:
(a) Initiation. The process of limiting communications under this
subpart may begin either when:
(1) The Federal Bureau of Investigation, or other Federal law
enforcement agency, makes an initial request to the Bureau of Prisons
to have an inmate's communications limited under this subpart; or
(2) The Bureau deems it necessary to limit an inmate's
communications under this subpart based on consideration of factors
described in (b).
(b) Consideration of factors. In addition to the criteria provided
in Sec. 540.200(b) and any request made by a Federal law enforcement
agency under (a), the Warden must also make a determination that
limiting the inmate's communication is necessary to ensure the safety
and security of the institution; protection of the public; or national
security. This determination will be made after considering factors
including, but not limited to, the following:
(1) Information that leads the Warden, while using sound
correctional judgment, to reasonably believe that the inmate may
attempt to, or has a propensity to, communicate messages harmful to the
safety and security of the institution, the protection of the public,
or national security;
(2) Actual charges, convictions and/or reasons for detention;
(3) Past or present conduct either before or during incarceration,
including, but not limited to, terrorist alliances or possession of
terrorist-related material;
(4) Confirmed membership or leadership role in a terrorist-related
organization;
(5) Admission by inmate of terrorist-related conduct;
(6) Information provided by a law enforcement and/or intelligence
entity,
[[Page 16525]]
or determined by the Bureau in any other manner, including, but not
limited to, threat assessments prepared by the Federal Bureau of
Investigation, court documents, pre-sentence reports, and similar
official documents;
(7) Information relating to past practice or attempted past
practice of the inmate to communicate messages to others that, if not
intercepted, could cause harm to the safety, security, or good order of
the institution, the protection of the public, or national security; or
(8) The significance of the operational role the inmate had (such
as planning, directing, executing, or assisting in actual terrorist
acts) or material support role (such as training, arming, transporting,
recruiting, communicating for, or providing safe harbor for terrorist
operators) in terrorist or terrorist-related activities.
(c) Decision authority. If the Warden deems it necessary, the
inmate's communications will be limited after approval by the Regional
Director and the Assistant Director, Correctional Programs Division, or
any of their respective designees.
(d) Written notice. Inmates designated for limited communication
under this subpart will receive written notice from the Warden, or
designee, which will:
(1) Explain the specific limitations imposed and communication
privileges allowed, which should be tailored to the particular
circumstances of the inmate;
(2) Explain the reasons for the limitations, unless providing such
information would jeopardize the safety or security of the institution;
protection of the public; or national security; and
(3) Indicate the inmate's ability to challenge the decision through
the Bureau's administrative remedy program.
(e) Annual review. Individual inmate limitations will be reviewed
annually from the date of imposition under the same criteria required
for the initial determination in paragraphs (b) and (c) of this
section. A determination to renew, modify, or remove the limitations
must be communicated to the inmate through written notice, as described
in paragraph (d) of this section. Failure to provide such notice to the
inmate of renewal or modification of the limitations at least annually
from the date of imposition will result in expiration of those
limitations.
(f) Further Limitations Possible. Inmates may incur additional
limitations on their communications as the direct result of abusing or
violating individualized communication limits imposed under this
subpart. Further limitations for these purposes may only occur as part
of a temporary disciplinary sanction pursuant to procedures in 28 CFR
part 541 or according to the procedures in this section for initially
imposing the limitations. Unmonitored communications with verified
attorneys and consular officers may be further restricted only as
provided in part 501 and 28 CFR part 543. Inmates may also be subject
to disciplinary action or criminal prosecution.
[FR Doc. E6-4766 Filed 3-31-06; 8:45 am]
BILLING CODE 4410-05-P