[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31484]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners: Sex
Offenses Against Minors Age 12 and Older
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is adding to its guidelines, under
the heading of ``Carnal Knowledge or Sodomy Involving Minors'' a
provision increasing the offense severity rating from Category Four to
Category Seven for any crime involving an adult offender who has abused
a position of trust (e.g., teacher, counselor, or physician), or who
has engaged in predatory sexual behavior. The purpose of this guideline
amendment is to clarify the aggravated nature of such crimes in
relation to all other offenses that involve non-forcible sexual
relations between an adult and a minor age 12 or older. This item was
published as a proposed rule on May 20, 1994. 59 FR 26466. The
guideline increase follows a Congressional directive that, when the
Commission frequently exceeds the guidelines in a particular type of
case, the guidelines should be amended to provide for consistency in
such decisions.
EFFECTIVE DATE: January 23, 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: Federal parole laws remain in effect until
November 1, 1997, for prisoners and parolees who committed their crimes
prior to November 1, 1987, and whose sentences place them under the
jurisdiction of the U.S. Parole Commission. See Section 235(b) of the
Sentencing Reform Act of 1987, Public Law 98-473 (as amended) and 18
U.S.C. 4201 through 4218. The Paroling Policy Guidelines at 28 CFR 2.20
provide consistency in Parole Commission decision-making for such
offenders.
The proposed rule would increase the prison time to be served in
cases where the adult has committed such an offense through an abuse of
a position of trust, or through predatory behavior. Whereas ordinary
offenses involving non-forcible sexual relations between adults and
minors age 12 or older are rated Category Four on the guidelines,
offenses involving abuse of trust or predatory behavior were proposed
for a Category Seven rating. One public comment was received on this
proposal from the U.S. Probation Office for the Eastern District of
North Carolina supporting the proposal.
After a careful review of its decision-making practices, the
Commission has decided that the proposal merits adoption as a final
rule. The increase to Category Seven reflects optimum Commission
decision-making practice, which is to order an upward departure from
the guideline range for a Category Four offense if the offender has
abused a significant position of trust or has behaved in a predatory
manner toward multiple victims. Such circumstances would constitute
good cause to exceed the guidelines pursuant to 18 U.S.C. 4206(c). An
abuse of trust would be exemplified by a child psychiatrist who engages
in sodomy with youthful patients under his care, a high school teacher
who seduces a student in his classroom, or a religious counselor who
has sexual relations with teenage members of his congregation.
Predatory behavior is defined as the repeated use of tricks or other
devices to lure unsuspecting youthful victims into sexual relations
with an adult offender.
Implementation
This rule will be applied at all initial and revocation hearings
held on or after the effective date.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this proposed rule
is not a significant regulatory action for the purposes of Executive
Order 12866, and the rule has therefore 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.
The Final Rule
Accordingly, the U.S. Parole Commission makes 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. 2.20, Chapter 2, Subchapter D, Section 232,
is amended by adding the following new paragraph 232(d), to read as
follows:
Sec. 2.20 Paroling policy guidelines: Statement of general policy.
* * * * *
Chapter Two Offenses Involving the Person
* * * * *
SUBCHAPTER D--SEXUAL OFFENSES
* * * * *
232 Carnal Knowledge* or Sodomy Involving Minors
* * * * *
(d) If the offender is an adult who has abused a position of trust
(e.g., teacher, counselor, or physician), or the offense involved
predatory sexual behavior, grade as Category Seven. Sexual behavior is
deemed predatory when the offender repeatedly uses any trick or other
device to attract, lure, or bribe victims into the initial contact that
results in the offense.
* * * * *
Dated: December 16, 1994.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 94-31484 Filed 12-21-94; 8:45 am]
BILLING CODE 4410-01-P
