[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25770-25771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12387]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners:
Electronic Issuance of Paroling Violation Warrants
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is amending a regulation that
requires parole violation warrants to be issued by U.S. Mail. In order
to expedite the receipt of warrants by the U.S. Marshals Service, the
regulation is being amended to permit warrants to be sent by electronic
transmission. Although an alleged parole violator may be arrested by
authorized officials who have been alerted to the issuance of a warrant
but have not actually received the warrant, a procedure that will
ensure the immediate receipt of warrants by arresting authorities will
avoid confusion as to the Commission's instructions and the parolee's
status.
[[Page 25771]]
EFFECTIVE DATE: June 10, 1998.
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
Counsel, 5550 Friendship Blvd., Chevy Chase, MD 20815. Telephone: (301)
492-5959.
SUPPLEMENTARY INFORMATION: The Commission has determined that cases of
confusion over whether a warrant should be executed or placed as a
detainer (if the alleged parole violator is already in custody on
another charge) can be readily avoided if the Commission adopts a
procedure designed to expedite the receipt of warrants by the U.S.
Marshals Service. Other possibilities for delay and confusion prior to
the receipt of a signed warrant can also be avoided. The only legal
obligation under which the Commission operates with respect to the
issuance of valid warrants is that a warrant must be issued prior to
the expiration of the parolee's sentence. Issuance and delivery of a
warrant are separate events. 18 U.S.C. 4213(d) (1976).
The term ``issue'' means to send out officially. Hervey v.
Secretary of Health and Human Services, 88 F.3d 1001, 1002 (Fed. Cir.
1996). The long-accepted definition of the term ``issue'' has never
been specific as to means of issuance. Accordingly, the Parole
Commission may, by regulation, define the issuance of a warrant as
being the electronic transmission of the signed warrant to the
arresting authorities. The date and time of ``issuance'' of a warrant
will be the date and time it is transmitted electronically. The signed
original, having been thus issued, will remain in the Commission's
file.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this rule is not a
significant regulatory action for the purposes of Executive Order
12866, and the rule has, accordingly, not been reviewed by the Office
of Management and Budget. The rule will not have a significant economic
impact upon a substantial number of small entities, within the meaning
of the Regulatory Flexibility Act, U.S.C. 605(b).
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Prisoners, Probation and
parole.
The Final Rule
Accordingly, the U.S. Parole Commission makes the following changes
to 28 CFR Part 2.
PART 2--[AMENDED]
1. The authority citation for 28 CFR Part 2 continues to read as
follows:
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
2. 28 CFR Part 2, Sec. 2.44 (c) is revised to read as follows:
Sec. 2.44 Summons to appear or warrant for retaking of parolee.
* * * * *
(c) A summons or warrant may be issued only within the prisoner's
maximum term or terms except that in the case of a prisoner released as
if on parole pursuant to 18 U.S.C. 4164, such summons or warrant may be
issued only within the maximum term or terms, less one hundred eighty
days. A summons or warrant shall be considered issued when signed and
either--
(1) Placed in the mail or
(2) Sent by electronic transmission to the intended authorities.
* * * * *
Dated: May 5, 1998.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 98-12387 Filed 5-8-98; 8:45 am]
BILLING CODE 4410-01-P
