16 January 2009

[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Proposed Rules]               
[Page 2913-2915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-42]                         

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 548

[BOP-1150-P]
RIN 1120-AB

 
Religious Beliefs and Practices: Chapel Library Materials

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Prisons (Bureau) amends its regulations on 
religious beliefs and practices to add a new regulation regarding 
chapel library materials. The regulations are necessary to notify 
inmates that certain materials that could incite, promote, or otherwise 
suggest the commission of violence or criminal activity may be excluded 
from chapel libraries. This change is also being made in connection 
with passage of the Second Chance Act.

DATES: Comments are due by March 17, 2009.

ADDRESSES: Written 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 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: 

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http:/
/www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    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 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.

[[Page 2914]]

    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 paragraph.

Chapel Library Materials

    The Bureau amends its regulations on religious beliefs and 
practices to add a new regulation (Section 548.21) regarding chapel 
library materials. The regulations are necessary to notify inmates that 
certain materials that could incite, promote, or otherwise suggest the 
commission of violence or criminal activity may be excluded from chapel 
libraries. This change is also being made in connection with section 
214 of the Second Chance Act of 2007, approved April 9, 2008, (Pub. L. 
110-199; 122 Stat. 657) (``Second Chance Act'').
    In addition to the Second Chance Act, concerns related to chapel 
libraries were also raised in an April 2004 report from the Office of 
the Inspector General (OIG) examining Bureau religious services. The 
OIG report stated that exclusions of material from Bureau chapel 
libraries are necessary to prevent criminal activity and radicalization 
of inmates. The OIG report indicated that terrorist groups are likely 
to attempt to radicalize and recruit inmates in the United States 
``because they may be predisposed to violence, feel disenfranchised 
from society, desire power and influence, seek revenge against those 
who incarcerated them, be hostile towards authority and the United 
States, or cling to a radical or extremist religious `family.' '' (OIG 
Report, April 2004, page 7.)
    As a matter of correctional security and management, it is 
essential that the Bureau be cognizant of the risks of unrest within 
prisons. Violence among particular inmates or groups of inmates, who 
must live together, jeopardizes the safety of inmates and staff, as 
well as potentially involving the destruction of government property. 
Under 18 U.S.C. 4042(a) the Bureau is specifically charged with 
providing for the safekeeping and protection of inmates. In carrying 
out this duty the Bureau must ensure that materials provided to inmates 
will not promote violence or criminal activity, thereby endangering the 
safety, security, and good order of Bureau facilities, and the 
protection of the public. In addition, under 28 CFR 548.15, no one may 
``disparage the religious beliefs of an inmate * * *'' The Bureau is 
very aware of the sensitivity related to religious issues and the real 
possibility for strife to be fostered in this context.
    Section 548.21(a) of the proposed rule states that the Bureau 
maintains chapel library materials for inmates to pursue religious 
beliefs and practices while in Bureau custody consistent with ensuring 
that such materials do not jeopardize the safety, security, or orderly 
operation of Bureau facilities, or protection of the public. The Bureau 
maintains custody of more than 200,000 inmates in 114 facilities 
nationwide. All Bureau facilities maintain chapels for inmate religious 
activities and chapel libraries that provide inmates with access to 
religious books, audiotapes, and videos relating to many different 
religions. The Bureau recognizes the importance of providing inmates 
with materials necessary to support their pursuit of religious 
interests. However, the Bureau must evaluate chapel library materials 
to ensure that the safety of inmates, staff, and the public are not 
adversely affected.
    Therefore, based on the criteria listed in the Second Chance Act, 
subparagraph (b) of the proposed rule lists possible reasons for 
excluding chapel library material. Generally, materials may be excluded 
from the chapel library if the material could incite, promote, or 
otherwise suggest the commission of violence or criminal activity. This 
language derives from section 214 of the Second Chance Act, which 
states that ``the Bureau of Prisons may restrict access to * * * (1) 
Any materials in a chapel library that seek to incite, promote, or 
otherwise suggest the commission of violence or criminal activity; and 
(2) any other materials prohibited by any other law or regulation.'' 
Section 214 also states that ``[n]othing in this section shall be 
construed to impact policies of the Bureau of Prisons related to access 
by specific prisoners to materials for security, safety, sanitation, or 
disciplinary reasons.''
    Subparagraph (c) explains that inciting, promoting, or otherwise 
suggesting the commission of violence or criminal activity includes: 
(1) Advocating or fostering violence, vengeance, or hatred toward 
particular religious, racial, or ethnic groups; or (2) urging the 
overthrow or destruction of the United States.
    Therefore, to implement the provisions of the Second Chance Act, as 
well as the Bureau's statutory and regulatory duties, the Bureau 
proposes this addition to its regulations regarding religious beliefs 
and practices.

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 Section 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 548

    Prisoners.

Harley G. Lappin,
Director, 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, Bureau of 
Prisons in 28 CFR

[[Page 2915]]

0.96, we amend 28 CFR part 548 as follows.

Subchapter C--Institutional Management

PART 548--RELIGIOUS PROGRAMS

    1. The authority citation for 28 CFR part 548 continues to read as 
follows:

    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; 28 U.S.C. 509, 510; 42 
U.S.C. 1996; 28 CFR 0.95-0.99.

    2. Add a new Sec.  548.21 to read as follows:


Sec.  548.21  Chapel library materials.

    (a) The Bureau maintains chapel library materials for inmates to 
pursue religious beliefs and practices while in Bureau custody 
consistent with ensuring that such materials do not jeopardize the 
safety, security, or orderly operation of Bureau facilities, or 
protection of the public.
    (b) Material may be excluded from the chapel library if it is 
determined that such material could incite, promote, or otherwise 
suggest the commission of violence or criminal activity.
    (c) For purposes of this subpart, inciting, promoting, or otherwise 
suggesting the commission of violence or criminal activity may include, 
but is not limited to:
    (1) Advocating or fostering violence, vengeance, or hatred toward 
particular religious, racial, or ethnic groups; or
    (2) Urging the overthrow or destruction of the United States.

[FR Doc. E9-550 Filed 1-15-09; 8:45 am]

BILLING CODE 4410-05-P