[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5610]
[[Page Unknown]]
[Federal Register: March 10, 1994]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners: Parole
Hearings Conducted by Hearing Examiners
AGENCY: Parole Commission, Justice.
ACTION: Interim rule with request for public comment.
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SUMMARY: The U.S. Parole Commission is amending its regulations that
define the role of the hearing examiner in conducting parole hearings
and in formulating a panel recommendation to the Regional Commissioner.
At present, the Commission's rules require that parole hearings be
conducted by panels of two examiners, with single examiner hearings
being the exception. The amended rule makes single examiner hearings
the norm, with the Regional Commissioner having the option to order
two-examiner panels for hearings when appropriate. Under the new rule,
review and voting by the Regional Administrator will provide the
Regional Commissioner with a panel recommendation. The amended rule
also permits a hearing examiner (or panel) to withhold the recommended
decision that is ordinarily given to the prisoner at the conclusion of
a parole hearing, if a critical issues requires further consideration.
The purpose served by these changes is to adjust the Commission's
procedures to the down-sizing requirements of the Commission's
impending abolition, without lessening the quality of justice in parole
hearings and decisions.
DATES: Effective Date: The interim rule takes effect April 11, 1994.
COMMENTS: Comments must be submitted by May 9, 1994, in order to be
received by the Commission prior to consideration of a final rule.
ADDRESSES: Send comments to Richard K. Preston, Office of General
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,
Maryland 20815.
FOR FURTHER INFORMATION CONTACT:
Richard K. Preston, Office of General Counsel, U.S. Parole Commission,
telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: Under the Sentencing Reform Act of 1984, the
U.S. Parole Commission will be abolished effective November 1, 1997. It
has a diminishing caseload that consists primarily of offenders who
committed their crimes prior to November 1, 1987. In order to achieve
an orderly reduction of its staffing levels, it is imperative for the
Parole Commission to conduct parole hearings, wherever feasible, with
single hearing examiners.
This procedure is authorized by law. In 1986, Congress amended 18
U.S.C. 4208(g) to permit a hearing to be conducted by ``a
representative of the Commission'' as opposed to the former requirement
for hearings to be conducted by a panel of two examiners. The
legislative history of this statutory amendment makes it clear that
Congress intended to remove any bar to single examiner hearings so as
to permit the Commission to continue functioning with reduced staff
resources.
In order to ensure a thoroughly considered parole decision in every
case, review by the Regional Administrator will provide a concurring
vote, with a referral to other hearing examiners for a concurring vote
in the event of a disagreement between the examiner who conducted the
hearing and the Regional Administrator. Regional Commissioners will
have the option of ordering panel hearings whenever a hearing examiner
is deemed to be insufficiently experienced to conduct a docket of
hearings without assistance, and whenever there are particularly
complex cases to be heard. To further the purpose of adequate
consideration in every case, examiners (and panels of examiners) will
no longer be required to give the inmate a final recommendation at the
conclusion of each hearing. A final recommendation will continue to be
provided in most cases, but in exceptional cases examiners may reserve
judgment if there are issues that require further deliberation. In such
cases, the amended rule requires that the prisoner be informed of a
tentative recommendation, and of the issue (or issues) that need to be
resolved.
Finally, the Commission has cautiously experimented with single
examiner hearings for many years, and has traditionally used single
examiners to conduct local revocation hearings (as permitted by 18
U.S.C. 4203). The Commission is confident that the quality of its
hearings will not be diminished by making single examiner hearings the
norm. Regional Commissioners will determine, at their discretion, when
panel hearings should be used. The decision to order panel hearings
will reflect administrative and staffing concerns only, and will not
reflect any prejudgment about prisoners whose hearings will or will not
be conducted by a panel of hearing examiners.
Implementation
This interim rule will be followed for all parole hearings
(including statutory interim hearings, rescission hearings, special
reconsideration hearings, etc.) on dockets conducted after the
effective date announced above. It will not apply to transfer treaty
prisoners under 18 U.S.C. 4106A.
Executive Order 12291 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this rule is not a
major rule within the meaning of Executive Order 12291. It is a rule of
internal procedure only, which has been published for comment solely in
order to reassure federal prisoners and their representatives of
continued fair treatment. This 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, Prisoners, Probation and
parole.
The Amended Rule
Accordingly, the U.S. Parole Commission amends 28 CFR Part 2 as
follows:
(1) The authority citation for 28 CFR part 2 continues to read as
follows:
PART 2--[AMENDED]
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
(2) 28 CFR Part 2, Sec. 2.13 is amended by revising paragraphs (a),
(b) and (c) to read as follows:
Sec. 2.13 Initial hearing; procedure.
(a) An initial hearing shall be conducted by a single hearing
examiner unless the Regional Commissioner orders that the hearing be
conducted by a panel of two examiners. The examiner shall discuss with
the prisoner his offense severity rating and salient factor score as
described in Sec. 2.20, his institutional conduct and, in addition, any
other matter the examiner may deem relevant.
(b) A prisoner may be represented a hearing by a person of his or
her choice. The function of the prisoner's representative shall be to
offer a statement at the conclusion of the interview of the prisoner by
the examiner, and to provide such additional information as the
examiner shall request. Interested parties who oppose parole may select
a representative to appear and offer a statement. The hearing examiner
shall limit or exclude any irrelevant or repetitious statement.
(c) At the conclusion of the hearing, the examiner shall discuss
the recommendation and the reasons therefor.
* * * * *
(3) 28 CFR part 2, Sec. 2.23 is amended by revising paragraphs (a),
(b) and (c) to read as follows:
Sec. 2.23 Delegation to hearing examiners.
(a) There is hereby delegated to hearing examiners the authority
necessary to conduct hearings and to make recommendations relative to
the grant or denial of parole or reparole, revocation or reinstatement
of parole or mandatory release, and conditions of parole. Any hearing
may be conducted by a single examiner or by a panel of examiners. A
Regional Administrator may function as a hearing examiner for the
purpose of obtaining a panel recommendation whenever the Regional
Commissioner has not ordered that a hearing be conducted by a panel of
two examiners.
(b) The concurrence of two hearing examiners, or of a hearing
examiner and the Regional Administrator, shall be required to obtain a
panel recommendation to the Regional Commissioner. A panel
recommendation is required in each case decided by a Regional
Commissioner after the holding of a hearing.
(c) An examiner panel recommendation consists of two concurring
examiner votes. In the event of divergent votes, the case shall be
referred to another hearing examiner (or to the Regional Administrator
in the case of a hearing conducted by a panel of examiners) for another
vote. If concurring votes do not result from such a referral, the case
shall be referred to any available hearing examiner until a panel
recommendation is obtained.
* * * * *
Edward R. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 94-5610 Filed 3-9-94; 8:45 am]
BILLING CODE 4410-01-M
