[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59622-59623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28587]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners:
Rescission Guidelines
AGENCY: United States Parole Commission, Justice.
ACTION: Interim rule; amendments.
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SUMMARY: The Commission is amending its regulation regarding
sanctioning of disciplinary infractions and new criminal behavior by
prisoners who have applied for parole or who have received grants of
parole. The amendment clarifies the Commission's longstanding policy
that this regulation applies to all misconduct committed by a prisoner
while confined, whether before or after the sentence is imposed. It
also clarifies the applicability of the rule to parolees when they are
confined for new crimes committed while on parole.
DATES: Effective Date: December 3, 1999. Comments must be received by
December 31, 1999.
ADDRESSES: Send comments to Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.
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: The Commission's regulation at 28 CFR
Sec. 2.36 provides in pertinent part that the rescission guidelines
contained therein ``shall apply to the sanctioning of disciplinary
infractions or new criminal behavior committed by a prisoner subsequent
to the commencement of his sentence and prior to his release on
parole.'' 28 CFR 2.36(a). The Commission's regulation regarding
guidelines for parole decisionmaking provides in pertinent part that
``for criminal behavior committed while in confinement see Sec. 2.36.''
28 CFR 2.20(i). The Commission's longstanding interpretation of its
rescission guidelines is therefore that they apply to all misconduct
and new criminal behavior committed by an offender ``in confinement''.
In order to clarify the language of Sec. 2.36(a), (which, standing
alone, appears to limit rescission guidelines to conduct after a
prisoner has begun service of an imposed sentence) the Commission is
amending Sec. 2.36(a). The amended rule will make clear that the
rescission guidelines apply to new criminal conduct committed by any
offender who is in confinement, whether as a pretrial detainee, as a
prisoner serving an imposed sentence, or as a prisoner who has been
transferred to another institution pending trial or sentencing on
another matter. The amended rule also makes clear that the rescission
guidelines apply to disciplinary infractions or further crimes
committed by a parolee after he has been confined on a new criminal
charge, whether before or after the Commission revokes his parole. This
inclusive policy reflects the Commission's view that disciplinary
infractions are always relevant to the parole decisionmaking process,
and that new crimes committed while in official confinement of any type
share are a significant indicant of the offender's lack of suitability
for parole or reparole.
The rescission guidelines therefore apply to conduct committed
while in confinement regardless of the venue of confinement; new
criminal conduct in a halfway house or jail, as well as in a
[[Page 59623]]
prison, falls within the ambit of Sec. 2.36(a).
Implementation
The amended rule is made effective as an interim rule pending the
public comment process because of the public and law enforcement
interest in not placing in doubt the many parole decisions made in
accordance with 28 CFR 2.36 and 2.20(i).
Regulatory Assessment Requirements
The U.S. Parole Commission has determined that this amended interim
rule is not a significant rule within the meaning of Executive Order
12866. The amended interim 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), and is deemed by
the Commission to be a rule of agency practice that does not
``substantially affect the rights or obligations of non-agency
parties'' pursuant to Section 804(3)(C) of the Congressional Review
Act.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Probation and parole,
Prisoners.
The Amendments
Accordingly, the U.S. Parole Commission is adopting the following
amendments 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. Section 2.36 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 2.36 Rescission guidelines.
(a) The following guidelines shall apply to the sanctioning of
disciplinary infractions or new criminal conduct committed by a
prisoner during any period of confinement that is credited to his
current sentence (whether before or after sentence is imposed), but
prior to his release on parole; and by a parole violator during any
period of confinement prior to or following the revocation of his
parole (except when such period of confinement has resulted from
initial parole to a detainer). * * *
* * * * *
Dated: October 25, 1999.
Michael J. Gaines,
Chairman, Parole Commission.
[FR Doc. 99-28587 Filed 11-2-99; 8:45 am]
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