[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25769-25770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12388]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners:
Expedited Revocation Procedure for Parole Violators
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is adding to its regulations a
provision whereby certain parolees who have been arrested and charged
with violations of parole (or who are serving new sentences for crimes
committed while on parole) may consent to revocation of parole upon the
acceptance of a sanction within the applicable guideline range. The
purpose of this procedure is to avoid the need for holding parole
violators in local jails for revocation hearings, and to save the
Parole Commission the time and expense of conducting hearings when an
appropriate sanction can be imposed with the consent of the offender.
DATES: Effective June 10, 1998.
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
[[Page 25770]]
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,
Maryland 20815, telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: In certain categories of cases, the U.S.
Parole Commission has found that an appropriate sanction for parole
failure can be determined through a review of the parolee's record and
by reference to the applicable reparole guidelines. The majority of
these cases involve administrative violations, drug use, and drug
treatment program failure, as well as petty crimes. The sanction is
revocation and a presumptive reparole date. In other cases, the
violation of parole may be serious enough that the only appropriate
sanction is revocation and denial of reparole. The Commission has found
that many arrested parole violators in these categories are willing to
waive their right to a hearing under 18 U.S.C. 4214 in order to be
removed from a local jail and complete the prescribed period of
imprisonment in an institution where programming and other amenities
are available.
Accordingly, in 1996, the Commission approved a pilot project for
an ``expedited revocation procedure.'' After the preliminary interview
has been conducted following the arrest of the accused parole violator,
the Commission offers the parolee the opportunity to consent to
revocation and a sanction of a definite number of months in prison. The
procedure was initially limited to Category One violations on the
guidelines at 28 CFR 2.20. Category Two violations and cases where the
Commission proposed to deny reparole altogether (``continue to
expiration'') were eventually added. The procedure is also used in the
case of parolees who will complete an adequate sanction by serving a
new state or federal sentence, but for whom revocation of parole is
necessary in order to guarantee an adequate period of parole
supervision following release from imprisonment. This is accomplished
by an order forfeiting the time spent on parole, which accompanies an
order of revocation.
Over the course of the pilot project, 1223 cases were considered
for the expedited revocation procedure, with an acceptance rate of
76.2%. The project has saved agency resources as well as critical jail
space without diminishing in any respect the sanctions normally imposed
by the Commission on these types of parole violators. It is to be
emphasized that the ``expedited revocation procedure'' is in no sense a
form of plea-bargaining; the Parole Commission offers the accused
violator the sanction that is considered appropriate by the Commission.
If the parolee does not accept the proposed sanction, a revocation
hearing is conducted. Following the hearing, any appropriate sanction
may be imposed. Moreover, the parolee's acceptance of the Commission's
offer does not create a ``plea agreement'' that can be subsequently
enforced to avoid consequences required by regulation or law (e.g., a
consecutive sentence that is not referenced in the Commission's offer).
It is also to be emphasized that the Parole Commission may, in its
discretion, decide not to offer an expedited revocation if there is any
aspect of the case that appears to warrant an in-person revocation
hearing, and may rescind an offer at any time in order to schedule an
in-person hearing.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this proposed rule
is not a significant rule within the meaning of Executive Order 12866,
and the proposed rule has, accordingly, not been reviewed by the Office
of Management and Budget. The proposed rule, if adopted, 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 Final Rule
Accordingly, the U.S. Parole Commission makes the following changes
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 is amended by adding Sec. 2.67 to read as follows:
Sec. 2.67 Expedited Revocation Procedure.
(a) In addition to the actions available to the Commission under
Sec. 2.47(a) and (b), and under Sec. 2.48, the Commission may offer an
alleged parole violator an opportunity to accept responsibility for his
violation behavior, to waive a revocation hearing, and to accept the
sanction proposed by the Commission in the Notice of Eligibility for
Expedited Revocation Procedure that is sent to the alleged parole
violator.
(b) The following cases may be considered under the expedited
revocation procedure:
(1) Cases in which the alleged parole violator has been given a
preliminary interview under Sec. 2.48, and the alleged violation
behavior would be graded Category One or Category Two;
(2) Cases in which the alleged violator has been given a
preliminary interview under Sec. 2.48 and the proposed decision is
continue to expiration of sentence, regardless of offense category; and
(3) Cases in which an alleged violator has received a dispositional
review under Sec. 2.47, and the Commission determines that conditional
withdrawal of the warrant would be appropriate, but forfeiture of
street time is deemed necessary to provide an adequate period of
supervision.
(c) The alleged violator's consent shall not be deemed to create an
enforceable agreement with respect to any action the Commission is
authorized to take by law or regulation, or to limit in any respect the
normal statutory consequences of a revocation of parole or mandatory
release.
Dated: May 5, 1998.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 98-12388 Filed 5-8-98; 8:45 am]
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