[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40094-40095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19314]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Parole Date Advancements for Substance Abuse Treatment Program
Completion
AGENCY: Parole Commission, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: The U.S. Parole Commission is amending 28 CFR 2.60 to permit a
prisoner to be considered for a special advancement of his presumptive
release date, by up to twelve months, if the prisoner is a non-violent
offender who has completed a treatment program for a recognized problem
of substance abuse. Although 28 CFR 2.60 already sets forth a schedule
of permissible advancements for superior program achievement, the
Commission is adding the above-described provision in order to provide
to parole-eligible prisoners an incentive to complete the treatment
program that is comparable to the incentive under 18 U.S.C. 3621(e)(2)
that will be available from the Bureau of Prisons for federal prisoners
serving sentences for crimes committed after November 1, 1987.
DATES: Effective Date: October 2, 1995. Comments must be submitted by
October 31, 1995.
ADDRESSES: Send comments to Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.
[[Page 40095]]
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
Counsel, Telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: The rationale for this amendment of the
Commission's policy of rewarding superior program achievement is
described in the supplementary information for the proposed rule. 60 FR
26010-11. The interim rule permits the advancement of a prisoner's
presumptive release date by up to twelve months for successfully
completing a residential substance abuse treatment program. This
provision comports with the permissible prison term reduction
identified by the Bureau of Prisons in its own interim rule on the
subject. 60 FR 27695. The existing schedule of permissible reductions
in paragraph (e) of Sec. 2.60 will not limit the reward which may be
granted under the interim rule for completing the residential drug
abuse treatment program. Any reduction under the new policy will be in
addition to any other advancement for superior program achievement in
areas unrelated to participation in substance abuse treatment programs.
The proposed rule included a provision that stated the Commission's
intent that the normal reduction under the policy would be twelve
months, with certain exceptions. The Commission decided that a precise
definition of its policy should be postponed until both the Bureau of
Prisons and the Commission obtain experience in the implementation of
the agencies' respective rules, and therefore is publishing this rule
on an interim basis, with request for further public comment. For the
Parole Commission, the need is to determine whether the interim rule
can be implemented consistently with the statutory criteria for parole
at 18 U.S.C. 4206 (1976). If this does not appear feasible, the
Commission may amend or withdraw the interim regulation.
A comment favoring adoption of the proposed rule was received from
a representative of the National Association of Criminal Defense
Lawyers. This comment encouraged the Commission to revise its proposal
to allow the advancement of the prisoner's presumptive release date
even if the prisoner had a prior history of violent offenses. The
representative noted that the Commission's practice would otherwise
diverge from that proposed by the Bureau of Prisons, which would be
limited to the prisoner's offense of conviction as a basis for deciding
whether the prisoner should be eligible for early release. The
Commission did not adopt the recommended revision since the criteria it
must follow in making parole decisions require it to consider the
``history and characteristics'' of the eligible prisoner and whether
his release would jeopardize the public welfare. See 18 U.S.C.
4206(a)(2). The Commission must consider relevant information as to the
prisoner's capacity for violence which the Bureau of Prisons may not be
required to consider in granting prison term reductions under 18 U.S.C.
3621(e). In addition, the Commission notes that the Bureau has
determined that it will not consider the prisoner for early release if
his prior criminal record includes a conviction for homicide, forcible
rape, robbery, or aggravated assault. 60 FR 27692, 27695.
Implementation
Prisoners will be considered for advancements under the interim
rule at any hearing or pre-release record review that is conducted on
or after October 2, 1995. The Commission will not reopen cases for
prisoners who have a release date with no further hearing or review
scheduled. For prisoners who are given hearings or reviews on or after
October 2, 1995, the Commission may consider an advancement of the
prisoner's presumptive release date under the interim rule even if
completion of a residential substance abuse treatment program occurred
prior to the effective date of the rule.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this interim 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.
The Amendment
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) 28 CFR part 2, Sec. 2.60 is amended by adding new paragraphs
(g) and (h), to read as follows:
Sec. 2.60 Superior program achievement.
* * * * *
(g) Upon notification by the Bureau of Prisons that a prisoner who
has a recognized problem with substance abuse, has successfully
completed residential substance abuse treatment (in conformity with the
criteria set forth for non-parolable prisoners in 18 U.S.C. 3621(e)),
the Commission will consider such prisoner for a special advancement,
by up to twelve months, of the presumptive release date previously set.
Such advancement may be made even though the Schedule of Permissible
Reductions in paragraph (e) of this section provides a permissible
reduction of less than twelve months, and shall be in addition to any
other advancement granted under this section. However, if the prisoner
has already received an advancement of his presumptive parole date (or,
in the case of a prisoner who has been continued to expiration, has
received extra good time credit) for participation in a residential
substance abuse treatment program, and the advancement (or good time
credit) equals or exceeds the advancement that would be granted under
this paragraph, no further advancement shall be granted.
(h) Any advancement under this section (including a special
advancement for completion of residential substance abuse treatment) is
subject to forfeiture, in whole or in part, whenever a presumptive
parole date is rescinded pursuant to Sec. 2.34. In the case of a
special advancement under paragraph (g) of this section, the entire
advancement shall be forfeited if the Commission finds that the
prisoner has engaged in usage, possession, or distribution of any
controlled substances subsequent to program completion.
Dated: July 27, 1995.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 95-19314 Filed 8-4-95; 8:45 am]
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