(2) FPC Seymour-Johnson, SeymourJohnson Air Force Base, North Carolina 27531-5000.

(d) Federal Medical Center (FMC), Lexington, KY 41101.

[55 FR 29990, July 23, 1990, as amended at 57 FR 53822, Nov. 12, 1992; 58 FR 44428, Aug. 20, 1993]

§ 503.4 Bureau of Prisons Southeast Regional Office.

The Bureau of Prisons Southeast Regional Office is located at 523 McDonough Boulevard, SE, Atlanta, Georgia 30315. The following institutions are located within this region.

(a) United States Penitentiary (USP) Atlanta, Georgia 30315-0182;

(b) Federal Correctional Institutions (FCI):

(1) FCI Jessup, Georgia 31545; (2) FCI Marianna, Florida 32446; (3) FCI Talladega, Alabama 35160; (4) FCI Tallahassee, Florida 32301. (c) Federal Prison Camps (FPC): (1) FPC Eglin, Eglin Air Force Base, Florida 32542;

(2) FPC Maxwell, Montgomery, Alabama 36112;

(3) FPC Pensacola, Florida 32509-0001; (4) FPC Tyndall, Tyndall Air Force Base, Florida 32403-0150.

(d) Metropolitan Correctional Center (MCC), 15801 SW 137th Avenue, Miami, Florida 33177.

(e) Metropolitan Detention Center (MDC) Guaynabo, PR 00934.

[55 FR 29990, July 23, 1990, as amended at 56 FR 31531, July 10, 1991; 57 FR 53822, Nov. 12, 1992; 58 FR 44428, Aug. 20, 1993]

(3) FCI Oxford, Wisconsin 53952-0500; (4) FCI Sandstone, Minnesota 55072. (c) Federal Prison Camps (FPC): (1) FPC Duluth, Minnesota 55814; (2) FPC Yankton, South Dakota 57078.

(d) U.S. Medical Center for Federal Prisoners (USMCFP), Springfield, Missouri 65808.

(e) Federal Medical Center (FMC), P.O. Box 4600, Rochester, Minnesota 55903-4600.

(f) Metropolitan Correctional Center (MCC) 71 W. Van Buren Street, Chicago, Illinois 60605.

[55 FR 29990, July 23, 1990, as amended at 57 FR 53822, Nov. 12, 1992; 58 FR 44428, Aug. 20, 1993]

§ 503.6 Bureau of Prisons South Central Regional Office.

The Bureau of Prisons South Central Regional Office is located at 4211 Cedar Springs Road, Suite 300, Dallas, Texas 75219. The following institutions are located within this region.

(a) Federal Correctional Institutions (FCI):

(1) FCI Bastrop, Texas 78602;

(2) FCI Big Spring, Texas 79720-7799; (3) FCI El Reno, Oklahoma 73036-1000; (4) FCI Fort Worth, Texas 76119-5996; (5) FCI La Tuna, Anthony, New Mexico-Texas 88021;

(6) FCI Memphis, Tennessee 381347690;

(7) FCI Oakdale, Louisiana 71463; (8) FCI Seagoville, Texas 75159; (9) FCI Texarkana, Texas 75501; (10) FCI Three Rivers, Texas. (b) Federal Prison Camps (FPC): (1) FPC Bryan, Texas 77803; (2) FPC El Paso, Texas 79906-0300; (3) FPC Millington, Tennessee 38053. (c) Federal Medical Center (FMC), Carville, Louisiana 70721.

(d) Federal Detention Center, Oakdale, Louisiana 71463.

[55 FR 29990, July 23, 1990, as amended at 56 FR 31531, July 10, 1991]

§ 503.7 Bureau of Prisons Western Regional Office.

The Bureau of Prisons Western Regional Office is located at 7950 Dublin Boulevard, 3rd Floor, Dublin, CA 94568. The following institutions are located within this region.

(a) United States Penitentiary (USP) Lompoc, California, 93436.

(b) Federal Correctional Institutions (FCI):

(1) FCI Dublin, California, 94568; (2) FCI Lompoc, California 93436; (3) FCI Phoenix, Arizona 85027; (4) FCI Safford, Arizona 85546; (5) FCI Sheridan, Oregon 97378-9601; (6) FCI Terminal Island, California 90731;

(7) FCI Tucson, Arizona 85706.

(c) Federal Prison Camps (FPC): (1) FPC Boron, California 93516; (2) Nellis, Nellis Air Force Base, Area II, Las Vegas, Nevada 89191-5000.

(d) Metropolitan Correctional Center (MCC), San Diego, California 92101-6078.

(e) Metropolitan Detention Center (MDC), 535 North Alameda, Los Angeles, California 90053–1500.

[55 FR 29990, July 23, 1990, as amended at 57 FR 53822, Nov. 12, 1992; 58 FR 44428, Aug. 20, 1993]

§ 503.8 Bureau of Prisons Staff Training Centers.

The Bureau of Prisons Staff Training Centers are located at:

(a) Federal Law Enforcement Training Center, Building 21, Glynco, Georgia 31524;

(b) Management and Specialty Training Center, 791 Chambers Road, Aurora, CO 80011;

(c) National Legal Training Center, 791 Chambers Road, Aurora, CO 80011;

(d) Food Service and Trust Fund Training Center, c/o FCI, Fort Worth, Texas 76119.

[55 FR 29990, July 23, 1990, as amended at 57 FR 53822, Nov. 12, 1992]

Sec.

PART 504-ACCEPTANCE OF DONATIONS

504.1 Purpose and scope. 504.2 Procedures.

AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 3621, 4001, 4003, 4042, 4044, 4081; 28 U.S.C. 509, 510; 28 CFR 0.95 0.99.

§ 504.1 Purpose and scope.

Pursuant to 18 U.S.C. 4044, and as delegated to the Director, Bureau of Prisons, in 28 CFR 0.96(s), any devise, bequest, gift or donation of money or property for use by the Bureau of Pris

ons or Federal Prison Industries, Inc., may be accepted in accordance with these rules. Pursuant to 28 CFR 0.97, the Director's authority to accept such donations is redelegated to the Assistant Directors and Regional Directors of the Bureau of Prisons. Authority to accept unsolicited donations to an institution of printed material, audio tapes, or video tapes is further delegated to the Warden.

[58 FR 60768, Nov. 17, 1993]

§ 504.2 Procedures.

(a)(1) Other than as provided for in paragraph (a)(2) of this section, in accepting any devise, bequest, gift or donation, the Regional Director or Assistant Director must determine in writing that the property or money is appropriate to the program and mission of the Bureau of Prisons or Federal Prison Industries, Inc., that it does not create a conflict of interest for the Bureau of Prisons or Federal Prison Industries, Inc., and that it provides benefits to the Bureau of Prisons or Federal Prison Industries, Inc., in excess of any incidental costs incurred in obtaining or operating the donation.

(2) In accepting a donation to an institution of printed material, audio tapes, or video tapes, the Warden must determine if the material is consistent with the intent of Bureau policy (including the provisions of paragraph (a)(1) of this section). The Warden shall document in writing the type of donation, the donor organization, and the decision to accept or reject such donation.

(b) No devise, bequest, gift or donation will be accepted which attaches conditions inconsistent with applicable laws or regulations or which will require the expenditure of appropriated funds unless such expenditure has been authorized by Act of Congress.

(c) No devise, bequest, gift or donation will be accepted if conditions are attached without the written approval of the Director of the Bureau of Prisons.

[54 FR 39094, Sept. 22, 1989, as amended at 58 FR 60768, Nov. 17, 1993]

505.6 Waiver of fee by Warden.

505.7 Procedures for payment. 505.8 Procedures for appeal.

505.9 Procedures for final disposition.

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; 31 U.S.C. 3717; Pub. L. 102-395, 106 Stat. 1842 (18 U.S.C. 4001 note); 28 CFR 0.95–0.99.

SOURCE: 59 FR 64781, Dec. 15, 1994, unless otherwise noted.

§ 505.1 Purpose and scope.

This part establishes procedures for the assessment and collection of a fee to cover the cost of incarceration. The provisions of this part apply to any person who is convicted in a United States District Court and committed to the custody of the Attorney General, and who begins service of sentence on or after January 1, 1995. For purposes of this part, revocation of parole or supervised release shall be treated as a separate period of incarceration for which a fee may be imposed.

§ 505.2 Fee assessment-annual determination of average cost of incarceration.

(a) The Attorney General is required to collect and establish a fee to cover the cost of confinement which is equivalent to the average cost of one year of incarceration. See 28 CFR 0.96c.

(1) For the fiscal year 1995, the fee to cover the cost of incarceration shall be $21,352. This figure represents the average cost to the Bureau of Prisons of confining an inmate for one year.

(2) The fee is calculated by dividing the number representing the obligation encountered in Bureau of Prisons facilities (excluding activation costs) by the number of inmate-days incurred for

preceding fiscal year, and by then multiplying the quotient by 365. See 28 CFR 0.96c.

(b) The Director of the Bureau of Prisons shall review the amount of the fee not less than annually to determine the cost of incarceration. The new figure shall be published as a notice in the FEDERAL REGISTER.

§ 505.3 Calculation of assessment by unit staff.

Bureau of Prisons Unit Team staff shall be responsible for computing the amount of the fee to be paid by each inmate.

(a) Unit Team staff shall 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 shall be 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 shall 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.

§ 505.4 Inmates exempted from fee assessment.

A fee otherwise required by this part may not be collected from an inmate with respect to whom a fine was imposed or waived by a United States District Court pursuant to section 5E1.2 (f) and (i) of the United States Sentencing Guidelines or any successor provisions.

§ 505.5 Inmates subject to prorated fee assessment.

For any inmate committed to the custody of the Attorney General for a period of less than 334 days (including pretrial custody time), the maximum fee to be imposed shall be computed by prorating on a monthly basis the average cost for one year of confinement.

§ 505.6 Waiver of fee by Warden.

The Warden may reduce or waive the fee if the person under confinement 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 defendant's dependents.

§ 505.7 Procedures for payment.

Fees imposed pursuant to this part are due and payable 15 days after notice of the Unit Team actions. Fees shall be included in the Inmate Financial Responsibility Program under the category "other federal government obligations", and shall be paid before other financial obligations included in that same category. Fees not paid within 15 days may result in interest charges.

§ 505.8 Procedures for appeal.

An inmate may appeal the Warden's decision not to grant a waiver or the Unit Team's calculation through the Administrative Remedy Procedure (see part 542 of this chapter) and may submit information to demonstrate substantial hardship.

§ 505.9 Procedures for final disposition.

Before the inmate completes his or her sentence, Unit Team staff shall review the status of the inmate's fee and any unpaid amount will be referred for collection in accordance with Federal Claims Collection Standards (4 CFR chapter II).

8511.10 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

(a) Reasonable suspicion. As used in this rule, reasonable suspicion exists if the facts and circumstances that are known to the Warden warrant rational inferences by a person with correctional experience that a person is engaged, or attempting or about to engage, in criminal or other prohibited behavior. A reasonable suspicion may be based on reliable information, even if that information is confidential; on a 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.

(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 substance 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]

§ 511.13 Controlled visiting-denying visits.

(a) The Warden may restrict visiting to controlled situations or to more closely supervised visits when there is