[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51349-51350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24196]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners:
Modification of Parole Conditions
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is revising the regulation that
describes the statutory procedure that the Commission must follow
whenever it changes a parolee's conditions of parole. The current
regulation omits reference to an important exception to the statutory
requirement that each parolee be given ten days to comment on any
modification of the conditions of parole before it goes into effect.
The Commission may waive the ten-day notice procedure when it
determines that an immediate modification of the conditions of parole
is necessary to prevent harm to the parolee or the public. Although the
Commission presently has the statutory authority to apply this
exception, and does so when circumstances warrant, the Commission has
determined that its regulation should be amended to describe this
authority.
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: In 1976, Congress enacted 18 U.S.C. 4209,
which authorizes the Commission to impose conditions of parole, and to
modify those conditions provided that notice is given to the parolee,
and ten days to provide comment, before such modification takes effect.
The ten-day notice provision could only be waived following a
revocation hearing, or in response to a request by the parolee. In
1986, Congress amended 18 U.S.C. 4209 to permit the Parole Commission
to waive the ten-day notice provision whenever necessary to prevent
immediate harm to the parolee or the public.
The Parole Commission has made use of that statutory authority to
order modifications of parole conditions when urgently needed to
protect the public safety. However, the Commission did not amend its
regulation at 28 CFR 2.40(g), in order to update the description of the
Commission's statutory authority that is contained in that regulation.
The revised regulation promulgated herein corrects that omission.
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
amendment 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. 2.40(g) is revised to read as follows:
Sec. 2.40 Conditions of release.
* * * * *
(g) The ten-day notice provision of paragraph (b) of this section
shall not
[[Page 51350]]
apply to a modification of the conditions of parole
(1) Following a revocation hearing,
(2) Upon a finding that immediate modification of the conditions of
parole is required to prevent harm to the parolee or the public, or
(3) In response to a request by the parolee under paragraph (f) of
this section.
* * * * *
Dated: September 21, 1995.
Jasper R. Clay, Jr.,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 95-24196 Filed 9-29-95; 8:45 am]
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