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DOJ/BOP

RIN: 1120-AB40

Publication ID: Spring 2009

Title: Release of Information
Abstract: The Bureau of Prisons (Bureau) proposes to amend its regulations on Release of Information (28 CFR 513, subpart D). We published current regulations on this subject in the Federal Register on December 9, 1996 (61 FR 64950). We also published a proposed regulation on this subject on May 13, 2003 (68 FR 25545), which we will withdraw. The Bureau proposes to remove our regulations regarding Privacy Act (PA) and Freedom of Information Act (FOIA) requests for information (28 CFR sec. 513.30-.36 and 513.50-.68), because these regulations merely duplicate current and more general Department of Justice FOIA/PA regulations in 28 CFR part 16, and are therefore unnecessary in Bureau regulations. We also propose to remove regulations pertaining to procedures for staff processing of inmate requests to institutions for information (28 CFR sec. 513.40-.44), because these regulations do not directly relate to FOIA/PA and are an unnecessary level of operational detail. This proposed rule also seeks to prohibit inmates incarcerated in Bureau facilities, including those in contract facilities or in community confinement, from possessing their Pre-Sentence Investigation Reports (PSR), Statements of Reasons (SOR), or other similar sentencing documents from criminal judgments. Also, we propose new regulations regarding releasability of inmate information not otherwise provided for through current FOIA, PA, or Department of Justice regulations.
Agency: Department of Justice(DOJ)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 28 CFR 513.40