[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Page 51350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24194]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners: Pre-
Release Reviews of Parole Dates
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is changing the definition of the
term ``effective date of parole'' to refer to a parole that has been
given final approval, without further review, within nine months of the
prisoner's scheduled release. Under the current rule, the final review
and approval of a parole date can only occur within six months of the
prisoner's release. Until such final review and approval, a parole date
is presumptive only. The purpose of this rule change is to streamline
the review process, and to avoid delays in the release planning efforts
of prison staff. It does not otherwise change the paroling practices of
the Commission.
EFFECTIVE DATE: November 1, 1995.
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,
Maryland 20815. Telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: Under the federal parole system, an eligible
prisoner (i.e., a prisoner whose crime was committed prior to November
1, 1987), may be given a presumptive parole date up to fifteen years in
advance. The date is ``presumptive'' because it is subject to periodic
interim hearings under 18 U.S.C. 4208(h), and to a final pre-release
review and approval six months prior to the scheduled release of the
prisoner. 28 CFR 2.14(b).
The Bureau of Prisons submits a progress report on each prisoner
who has a presumptive parole date, six to nine months in advance of
that date. Because 28 CFR 2.1(h) requires the Commission to delay its
review until 180 days prior to the date, delays can occur in the
release planning efforts of Bureau of Prisons staff. In order to avoid
such delays, the Commission has decided to amend 28 CFR 2.1(h) to
permit the Commission to convert a presumptive date of parole to an
effective date of parole (i.e., a parole date that is not subject to
further review) nine months prior to that date. Certain other rules are
also amended, in order to conform with this change.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this rule is not a
significant rule within the meaning 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, 5 U.S.C. 605(b).
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Probation and parole,
Prisoners.
Accordingly, the U.S. Parole Commission adopts the following
amendments to 28 CFR Part 2:
The Final Rule
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. 2.1(h) is revised to read as follows:
Sec. 2.1 Definitions.
* * * * *
(h) The term effective date of parole refers to a parole date that
has been approved following an in-person hearing held within nine
months of such date, or following a pre-release record review.
* * * * *
Sec. 2.12 [Amended]
3. 28 CFR Part 2, Sec. 2.12(a) is amended by substituting ``nine
months'' for ``six months.''
Sec. 2.14 [Amended]
4. 28 CFR Part 2, Sec. 2.14(a)(1)(ii) is amended by substituting
``nine months'' for ``six months'' wherever the latter words occur.
5. 28 CFR Part 2, Sec. 2.14(a)(2)(iv) is amended by substituting
``nine months'' for ``six months.''
6. 28 CFR Part 2, Sec. 2.14(b)(3) is amended by substituting ``nine
months'' for ``six months'' wherever the latter words occur.
Sec. 2.29 [Amended]
7. 28 CFR Part 2, Sec. 2.29(b) is amended by substituting ``nine
months'' for ``six months.''
Dated: September 21, 1995.
Jasper R. Clay, Jr.,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 95-24194 Filed 9-29-95; 8:45 am]
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