Reduction in Sentence for Medical Reasons, 76619-76623 [E6-21772]
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Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Proposed Rules
Congress
established the National Indian Gaming
Commission (NIGC or Commission)
under the Indian Gaming Regulatory Act
of 1988 (25 U.S.C. 2701 et seq.) (IGRA)
to regulate gaming on Indian lands. On
August 11, 2006, the Commission
published proposed Class II technical
standards in the Federal Register (71 FR
46336).
SUPPLEMENTARY INFORMATION:
Dated: December 14, 2006.
Philip N. Hogen,
Chairman, National Indian Gaming
Commission.
Cloyce V. Choney,
Commissioner, National Indian Gaming
Commission.
[FR Doc. E6–21784 Filed 12–20–06; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 571 and 572
[BOP–1120–P]
RIN 1120–AB10
Reduction in Sentence for Medical
Reasons
Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
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ACTION:
SUMMARY: The Bureau of Prisons
(Bureau) is revising its regulations on
procedures for reductions in sentence
(RIS) for medical reasons. 28 CFR Part
571, Subpart G, is currently entitled
‘‘Compassionate Release (Procedures for
the Implementation of 18 U.S.C.
3582(c)(1)(A)(i) and 4205(g)).’’ We are
revising these regulations to (1) more
accurately reflect our authority under
these statutes and our current policy, (2)
clarify procedures for RIS consideration,
and (3) describe procedures for RIS
consideration of D.C. Code offenders, for
whom the Bureau has responsibility
under the National Capital
Revitalization and Self-Government
Improvement Act of 1997 (D.C.
Revitalization Act), D.C. Official Code
§ 24–101(b). The new Subpart G will be
entitled ‘‘Reduction in Sentence for
Medical Reasons.’’
DATES: Comments due by February 20,
2007.
ADDRESSES: Regulations Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street, NW., Washington, DC
20534. Our e-mail address is
BOPRULES@bop.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
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Counsel, Bureau of Prisons, phone (202)
353–8248.
SUPPLEMENTARY INFORMATION: The
Bureau is revising its regulations on
procedures for reductions in sentence
(RIS) for medical reasons. 28 CFR Part
571, Subpart G, is currently entitled
‘‘Compassionate Release (Procedures for
the Implementation of 18 U.S.C.
3582(c)(1)(A) and 4205(g)).’’
Title 18 of the United States Code,
section 3582(c)(1)(A)(i) states that a
court, on motion of the Director of the
Bureau, may reduce a term of
imprisonment if ‘‘extraordinary and
compelling reasons warrant such a
reduction.’’ Based on the Bureau’s
experience in implementing this statute
and resultant policy decisions, we
clarify through these proposed
regulations the specific criteria that the
Bureau will consider for a RIS.
It is important to note we do not
intend this regulation to change the
number of RIS cases recommended by
the Bureau to sentencing courts. It is
merely a clarification that we will only
consider inmates with extraordinary
and compelling medical conditions for
RIS, and not inmates in other, nonmedical situations which may be
characterized as ‘‘hardships,’’ such as a
family member’s medical problems,
economic difficulties, or the inmate’s
claim of an unjust sentence.
In this regulation, we explain that an
inmate may be a candidate for RIS
consideration if Bureau medical staff, or
a Bureau-selected doctor consulting on
his/her case, conclude with reasonable
medical certainty that the inmate has
one of the following two conditions:
• A terminal illness with a life
expectancy of one year or less; or
• A profoundly debilitating medical
condition that:
(1) May be physical or cognitive in
nature;
(2) is irreversible and cannot be
remedied through medication or other
measures; and
(3) has eliminated or severely limited
the inmate’s ability to attend to
fundamental bodily functions and
personal care needs without substantial
assistance from others, including
personal hygiene and toilet functions,
basic nutrition, medical care, and
physical safety.
If an inmate has such a medical
condition, we will not automatically
give that inmate a RIS recommendation.
Instead, as is our current practice, we
will carefully consider whether the
inmate is a danger to society, and other
relevant considerations which focus on
potential risks to public safety and the
nature of the offense, before
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recommending a RIS. These
considerations may include but are not
limited to: Potential impact on victims
or witnesses, criminal history, inmate’s
age and length of sentence, and the
previous existence of the medical
condition.
Section-by-Section Explanation
Subpart G—New Title
Previously, this subpart was entitled
‘‘Compassionate Release.’’ We are
changing the title of subpart G to read
‘‘Reduction in Sentence for Medical
Reasons.’’ The Bureau has received
letters and Administrative Remedy
appeals from inmates who mistakenly
believe that we will consider
circumstances other than the inmate’s
medical condition for reducing a
sentence. Such is not the Bureau’s
practice. We believe this title more
accurately describes our criteria and
procedures.
Section 571.60 Purpose
In this section, we state that the
purpose of this part is to describe the
procedures used to assess whether an
inmate in Bureau custody is appropriate
for a reduction in sentence.
Section 571.61 Legal Authority for
Reducing the Term of Imprisonment of
an Inmate Requesting a Reduction in
Sentence
This section describes the statutes
that allow the Director to make a motion
to the sentencing court requesting a RIS.
In addition to previous authority, 18
U.S.C. 3582(c)(1)(A)(i) and 4205(g), we
added the District of Columbia (D.C.)
Code § 24–101, §§ 24–461 through 24–
465, § 24–467, and § 24–468.
Under the D.C. Revitalization Act,
enacted August 5, 1997, the Bureau is
responsible for the care and custody of
‘‘the felony population sentenced
pursuant to the District of Columbia
Official Code’’ (D.C. Code offenders).
(D.C. Official Code § 24–101(b)). D.C.
Code offenders in Bureau custody are
subject to Federal laws and Bureau
regulations as long as they are
‘‘consistent with the sentence imposed.’’
Under the D.C. Revitalization Act, we
must follow the D.C. Code when
reviewing a RIS for D.C. Code offenders
in Bureau custody. We therefore add the
relevant D.C. Code provisions to this
regulation.
Section 571.62 Medical Conditions
Considered for a Reduction in Sentence
In this section, we clarify what
extraordinary and compelling
circumstances may warrant a RIS. We
explain that an inmate may be a
candidate for RIS consideration if
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Bureau medical staff, or a Bureauselected doctor consulting on his/her
case, conclude with reasonable medical
certainty that the inmate suffers from a
terminal illness with a life expectancy
of one year or less, or a profoundly
debilitating medical condition that may
be physical or cognitive in nature, is
irreversible and cannot be remedied
through medication or other measures,
and has eliminated or severely limited
the inmate’s ability to attend to
fundamental bodily functions and
personal care needs without substantial
assistance from others (including
personal hygiene and toilet functions,
basic nutrition, medical care, and
physical safety).
In each of these conditions, inmates
may be unable to care for themselves.
We may find that such inmates are not
likely to pose a danger to the public or
the community if released. We may find
that issues of confinement, punishment,
and rehabilitation may no longer be
principal considerations. These types of
conditions, viewed in totality, may be
extraordinary and compelling
circumstances warranting a RIS.
Section 571.63 How To Request a
Reduction in Sentence
This section instructs inmates to
request a RIS in writing at the
institution. This does not change any
previous substantive requirements. We
currently have this requirement in 28
CFR 571.61(a).
This section also explains what the
RIS request should include. This does
not change any previous substantive
requirements, which are currently in 28
CFR 571.61(a)(1) and (2).
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Section 571.64 Submitting a Request
for a Reduction in Sentence on Behalf
of an Inmate Who Is Too Ill To Make a
Request in Writing
This section allows inmates who are
too ill to make written requests to make
their requests verbally to staff or to have
someone else make a request on their
behalf. We intend this regulation to be
more permissive, and allow more ways
for ill inmates to make this request.
Section 571.65 Bureau Review of a
Request for a Reduction in Sentence
This section simply explains that
Bureau medical staff or a Bureauselected doctor consulting on an
inmate’s case at the institution must
first conclude that an inmate has a
medical condition as described in
§ 571.62. If an inmate is medically
eligible for RIS consideration under
§ 571.62, Bureau staff at the institution
must then determine that the inmate
will not pose a danger to society. If both
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these threshold requirements are met,
staff will then carefully assess other
relevant factors before determining that
a RIS is appropriate in the inmate’s case.
In assessing other relevant factors,
Bureau staff will be guided by national
Bureau policy statements on this
subject.
This section also explains that staff at
the institution, the Warden, the
Regional Office, and the Central Office
of the Bureau all review inmate RIS
requests. This is merely a codification of
currently existing practice, and will
notify inmates and the public that a RIS
request is reviewed by all three levels of
the Bureau before approval.
Section 571.66 Director’s
Determination That a Reduction in
Sentence Is Appropriate
This section explains that, if the
Director determines that a RIS is
appropriate, he/she will ask the United
States Attorney’s Office in the district
where the inmate was sentenced to
submit the Director’s motion to the
sentencing court on the Bureau’s behalf.
A RIS can only occur if the court grants
the motion under 18 U.S.C.
3582(c)(1)(A)(i) or § 4205(g). If the court
grants a motion under § 4205(g), release
also depends on a decision by the Parole
Commission to grant parole. This does
not change any previous substantive
language.
For D.C. Code offenders, a RIS can
only occur if the United States Parole
Commission grants medical or geriatric
parole under D.C. Official Code §§ 24–
463 through 24–465 to inmates in
Bureau custody for offenses that were
committed before August 5, 2000, or the
court grants a motion under D.C.
Official Code § 24–468 for inmates in
Bureau custody for offenses that were
committed on or after August 5, 2000.
Section 571.67 Denial of a Request for
a Reduction in Sentence
This section explains how the
Warden, Regional Director, and General
Counsel will notify inmates if they deny
a RIS request and how inmates may
appeal that decision. This does not
change any previous substantive
language. We currently have similar
language in 28 CFR 571.63(a)(4).
We note that D.C. Code offenders, as
described below, may appeal RIS
decisions or any other Bureau action or
inaction through the Bureau’s
Administrative Remedy Program.
Sections 571.68–571.74 D.C. Code
Offenders
We add these sections to comply with
the D.C. Revitalization Act. The D.C.
Revitalization Act makes the Bureau
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responsible for ‘‘the felony population
sentenced pursuant to the District of
Columbia Code’’ (D.C. Code offenders).
(D.C. Official Code § 24–101(b)) D.C.
Code offenders in Bureau custody are
subject to Federal laws and Bureau
regulations as long as they are
‘‘consistent with the sentence imposed.’’
The D.C. Code contains specific
provisions that govern D.C. Code
sentences regarding RIS based on
medical reasons. Because the Bureau is
now responsible for the custody of D.C.
Code felony offenders, we add
regulations stating the eligibility
requirements that D.C. Code offenders
in Bureau custody must meet to be
considered for RIS. The process
described in §§ 571.62 through 571.67
will otherwise be followed.
Section 571.68 Eligibility of D.C. Code
Offenders With Indeterminate
(Parolable) Sentences for Reduction in
Sentence
In this section, we describe the ways
in which D.C. Code offenders who
committed a felony before August 5,
2000, and were sentenced to an
indeterminate (parolable) sentence,
might be eligible for a reduction in
sentence, which is described in the D.C.
Code as ‘‘medical parole’’ and ‘‘geriatric
parole.’’ This section also describes
inmates who are excluded from RIS
eligibility: D.C. Code offenders (1)
whose physical or medical condition
existed at the time of sentencing; or (2)
who were convicted of first degree
murder (D.C. Official Code §§ 22–2101,
2106), an armed crime of violence or
dangerous crime (D.C. Official Code
§ 22–4502), possession of a firearm
while committing a crime of violence or
dangerous crime (D.C. Official Code
§ 22–4504(b), or armed or unarmed
carjacking (D.C. Official Code § 22–
2803).
Section 571.69 Eligibility of D.C. Code
Offenders With Determinate (NonParolable) Sentences for Reduction in
Sentence
In this section, we describe RIS
eligibility for D.C. Code offenders who
committed a felony on or after August
5, 2000, and were sentenced to terms of
imprisonment not subject to parole.
Such inmates may be eligible for a
reduction in sentence if they: (1) meet
the medical conditions described in
§ 571.62, or (2) are 65 years of age or
older, have a chronic infirmity, illness,
or disease related to aging, and release
under supervision would not endanger
public safety. This section also
describes inmates who are excluded
from RIS eligibility: D.C. Code offenders
(1) whose physical or medical condition
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Section 571.70 How To Request a
Reduction in Sentence Under the D.C.
Code
Under this section, D.C. Code
offenders with indeterminate (parolable)
sentences may request a reduction in
sentence either by following the
procedures in §§ 571.63 and 571.64, or
by sending an application directly to the
Parole Commission. D.C. Code offenders
with determinate (non-parolable)
sentences may request a reduction in
sentence only by following the
procedures in §§ 571.63 and 571.64.
Section 571.71 Evaluating a Request
for RIS by a D.C. Code Offender
This section makes it clear that the
Bureau will use the same procedures to
assess a D.C. Code offender’s
application for a reduction in sentence
as it uses for federal offenders.
Section 571.72 Ineligibility for
Reduction in Sentence
Aside from provisions concerning
D.C. Code offenders, this is not a
substantive change from the current
§ 571.64. An inmate is not eligible for a
RIS if he/she is (a) a state prisoner
housed in a Bureau facility, (b) a federal
offender who committed an offense
before November 1, 1987, and serving a
non-parolable sentence, or (c) a military
prisoner housed in a Bureau facility.
Section 572.40 Reduction in Sentence
(RIS) Under 18 U.S.C. 4205(g)
We make minor changes to this
section to conform with changes to our
regulations on RIS for medical reasons.
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Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’, section 1(b), Principles of
Regulation. The Director, Bureau of
Prisons has determined that this
regulation is not a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), and
accordingly this regulation has not been
reviewed by the Office of Management
and Budget.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
14:34 Dec 20, 2006
Jkt 211001
responsibilities among the various
levels of government. Therefore, under
Executive Order 13132, we determine
that this regulation does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Subchapter D—Community Programs and
Release
Regulatory Flexibility Act
was known by the court at the time of
sentencing; or (2) who are serving a term
of imprisonment imposed pursuant to
the District of Columbia Official Code
§§ 22–2803(c) (carjacking), or 22–
2104(b) (first degree murder).
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Authority: 5 U.S.C. 301; 18 U.S.C. 3565;
3568–3569 (Repealed in part as to offenses
committed on or after November 1, 1987),
3582, 3621, 3622, 3624, 4001, 4042, 4081,
4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4161–4166 and 4201–4218 (Repealed as to
offenses committed on or after November 1,
1987), 5006–5024 (Repealed October 12,
1984, as to offenses committed after that
date), 5031–5042; 28 U.S.C. 509, 510; U.S.
Const., Art. II, Sec. 2; 28 CFR 1.1–1.10; D.C.
Official Code § 24–101, §§ 24–461—24–465,
§ 24–467, and § 24–468.
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and by approving it certifies that it will
not have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
regulation pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This regulation will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This regulation is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This regulation will not result in
an annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects
28 CFR Parts 571 and 572
PART 571—RELEASE FROM
CUSTODY
1. Revise the authority citation for 28
CFR part 571 to read as follows:
Subpart G—Compassionate Release
(Procedures for the Implementation of
18 U.S.C. 3582(c)(1)(A) and 4205(g))
2. Revise subpart G of part 571 to read
as follows:
Subpart G—Reduction in Sentence for
Medical Reasons
Sec.
571.60 Purpose.
571.61 Legal authority for reducing the term
of imprisonment of an inmate requesting
a reduction in sentence.
571.62 Medical conditions considered for a
reduction in sentence.
571.63 How to request a reduction in
sentence.
571.64 Submitting a request for a reduction
in sentence on behalf of an inmate who
is too ill to make a request in writing.
571.65 Bureau review of a request for a
reduction in sentence.
571.66 Director’s determination that a
reduction in sentence is appropriate.
571.67 Denial of a request for a reduction in
sentence.
571.68 Eligibility of D.C. Code offenders
with indeterminate (parolable) sentences
for reduction in sentence.
571.69 Eligibility of D.C. Code offenders
with determinate (non-parolable)
sentences for reduction in sentence.
571.70 How to request a reduction in
sentence under the D.C. Code.
571.71 Evaluating a request for RIS by a
D.C. Code Offender.
571.72 Ineligibility for reduction in
sentence.
§ 571.60
Prisoners.
Purpose.
Harley G. Lappin,
Director, Bureau of Prisons.
Under the rulemaking authority
vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the
Director, Bureau of Prisons, we propose
to amend 28 CFR parts 571 and 572,
chapter V, subchapter D, as follows.
The purpose of this subpart is to
describe the criteria and procedures
used to assess whether an inmate in
Bureau of Prisons (Bureau) custody is
appropriate for a reduction in sentence.
§ 571.61 Legal authority for reducing the
term of imprisonment of an inmate
requesting a reduction in sentence.
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(a) Pursuant to 18 U.S.C.
3582(c)(1)(A)(i), the Director of the
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Bureau of Prisons is authorized to file a
motion in the sentencing court for a
reduction in an inmate’s sentence when
the Director of the Bureau determines
that extraordinary and compelling
circumstances exist to warrant a
reduction in sentence. The sentencing
court may reduce the term of
imprisonment on the Director’s motion,
and the inmate becomes immediately
eligible for release.
(b) 18 U.S.C. 4205(g)(Repealed as to
offenses committed on or after
November 1, 1987) provides that the
court, on the Director’s motion, may
make an inmate serving a parolable
sentence immediately eligible for parole
consideration.
(c) The District of Columbia Official
Code (D.C. Official Code) § 24–101,
§§ 24–461—24–465, § 24–467, and § 24–
468, collectively authorize the Bureau to
determine whether a RIS may be
warranted for D.C. Code offenders in
Bureau custody.
§ 571.62 Medical conditions considered for
a reduction in sentence.
An inmate may be considered for a
RIS if Bureau medical staff, or a Bureauselected doctor consulting on his/her
case, conclude with reasonable medical
certainty that the inmate suffers from:
(a) A terminal illness with a life
expectancy of one year or less; or
(b) A profoundly debilitating medical
condition that:
(1) May be physical or cognitive in
nature;
(2) Is irreversible and cannot be
remedied through medication or other
measures; and
(3) Has eliminated or severely limited
the inmate’s ability to attend to
fundamental bodily functions and
personal care needs without substantial
assistance from others, including
personal hygiene and toilet functions,
basic nutrition, medical care, and
physical safety.
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§ 571.63 How to request a reduction in
sentence.
(a) You may request a reduction in
sentence (RIS) in writing at your
institution.
(b) The RIS request should include:
(1) A statement explaining the
medical condition(s) that create the
extraordinary or compelling
circumstances for a RIS; and
(2) A proposed release plan, including
information about where you will live,
receive medical treatment, and how you
will support yourself and pay for
medical care.
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§ 571.64 Submitting a request for a
reduction in sentence on behalf of an
inmate who is too ill to make a request in
writing.
If an inmate is too ill to make a
request in writing, that inmate may
make the request verbally to Bureau
staff, or someone else may submit a
written request for that inmate.
§ 571.65 Bureau review of a request for a
reduction in sentence.
(a) Institution staff review.
(1) Bureau medical staff at the
institution level must first conclude that
you have a qualifying medical condition
as described in § 571.62 or, for D.C.
Code offenders who committed a felony
before August 5, 2000, as described in
§ 571.68.
(2) If you are medically eligible for
RIS consideration, Bureau staff at the
institution level will carefully assess the
public safety concerns and the totality
of the circumstances before determining
that you are, in fact, appropriate for a
RIS, including a review of the impact a
RIS will have on any victims.
(b) Warden review. If the Warden,
after reviewing all the relevant
documents, determines that a RIS is
appropriate, the Warden sends a written
recommendation to the Regional
Director.
(c) Regional Director review. If the
Regional Director agrees, the Regional
Director sends a written
recommendation to the Office of
General Counsel.
(d) General Counsel review. The
General Counsel will ascertain whether
the United States Attorney’s Office in
the district in which you were
sentenced agrees with the Regional
Director’s recommendation. If the
General Counsel and the U.S. Attorney’s
Office agree with the recommendation,
the Director will then determine
whether to request the U.S. Attorney’s
office to submit a RIS motion to the
sentencing court on the Bureau’s behalf.
§ 571.66 Director’s determination that a
reduction in sentence is appropriate.
If the Director determines that your
situation makes you appropriate for a
RIS under 18 U.S.C. 3582(c)(1)(A)(i) or
§ 4205(g), or for D.C. Code offenders,
D.C. Official Code §§ 24–461–465, 467–
468, the Director will request the U.S.
Attorney’s Office in the district where
you were sentenced to submit a RIS
motion to the sentencing court on the
Bureau’s behalf. A RIS can only occur
if the court grants the motion or if the
Parole Commission grants the
application for certain D.C. Code
offenders. If the court grants a motion
under § 4205(g), release also depends on
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a decision by the Parole Commission to
grant you parole.
§ 571.67 Denial of a request for a reduction
in sentence.
If the Warden, the Regional Director,
or the Director determines that a RIS is
not appropriate and denies your RIS
request, you will receive a written
notice stating the reason(s) for denial.
(a) If the Warden or Regional Director
denies the RIS request, you may appeal
the denial through the Administrative
Remedy Program (28 CFR part 542,
subpart B).
(b) If the Director denies the RIS
request, you may not appeal the denial
through the Administrative Remedy
Program.
§ 571.68 Eligibility of D.C. Code offenders
with indeterminate (parolable) sentences for
reduction in sentence.
(a) If you are a D.C. Code offender
who committed a felony before August
5, 2000, and you were sentenced to an
indeterminate (parolable) term of
imprisonment, you may be eligible for:
(1) Medical parole only if you are:
(i) Terminally ill, which means that
you have an incurable condition caused
by illness or disease which would,
within reasonable medical judgment,
produce death within 6 months, and
you do not constitute a danger to
yourself or society; or
(ii) Permanently incapacitated, which
means that, by reason of an existing
physical or medical condition which is
not terminal, you are permanently and
irreversibly physically incapacitated,
and you do not constitute a danger to
yourself or society; or
(2) Geriatric parole, which means that
you are age 65 or older, you suffer from
a chronic infirmity, illness, or disease
related to aging, and you pose a low risk
to the community.
(b) Exclusions. You are not eligible for
medical or geriatric parole if:
(1) The physical or medical condition
existed at the time of sentencing, or
(2) The conviction was for first degree
murder (D.C. Official Code §§ 22–2101,
2106), an armed crime of violence or
dangerous crimes (D.C. Official Code
§ 22–4502), possession of a firearm
during the commission of a crime of
violence or dangerous crime (D.C.
Official Code § 22–4504(b), or armed or
unarmed carjacking (D.C. Official Code
§ 22–2803).
§ 571.69 Eligibility of D.C. Code offenders
with determinate (non-parolable) sentences
for reduction in sentence.
(a) If you are a D.C. Code offender
who committed a felony on or after
August 5, 2000, and you were sentenced
to a determinate (non-parolable) term of
E:\FR\FM\21DEP1.SGM
21DEP1
Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Proposed Rules
imprisonment, you may be eligible for a
reduction in sentence if:
(1) You meet the medical conditions
described in § 571.62; or
(2) You are 65 years of age or older,
have a chronic infirmity, illness, or
disease related to aging, and releasing
you under supervision would not
endanger public safety.
(b) Exclusions. You are not eligible for
medical or geriatric parole if:
(1) The physical or medical condition
was known to the court at the time of
sentencing, or
(2) You are serving a term of
imprisonment imposed pursuant to the
District of Columbia Official Code
§§ 22–2803(c) (carjacking), or 22–
2104(b) (first degree murder).
offenses committed on or after November 1,
1987), 4205, 5015 (Repealed October 12, 1984
as to offenses committed after that date),
5039; 28 U.S.C. 509, 510; 28 CFR 1.1–1.10.
§ 571.70 How to request a reduction in
sentence under the D.C. Code.
BILLING CODE 4410–05–P
(a) D.C. Code offenders with
indeterminate (parolable) sentences
may request a reduction in sentence
either by following the procedures in
§§ 571.63 and 571.64, or by sending the
request directly to the United States
Parole Commission (USPC).
(b) D.C. Code offenders with
determinate (non-parolable) sentences
may request a reduction in sentence
only by following the procedures in
§§ 571.62 and 571.63.
§ 571.71. Evaluating a request for RIS by a
D.C. Code Offender.
Other than applying different
eligibility requirements (described in
§ 571.69), in evaluating a RIS request by
a D.C. Code offender who committed a
felony before August 5, 2000, the
Bureau will follow the same criteria and
procedures set forth for federal
prisoners in §§ 571.62 through 571.67.
§ 571.72 Ineligibility for reduction in
sentence.
You are NOT eligible for a reduction
in sentence if you are:
(a) A state prisoner housed in a
Bureau facility; or
(b) A federal offender who committed
an offense before November 1, 1987, and
serving a non-parolable sentence; or
(c) A military prisoner housed in a
Bureau facility.
Subpart H—Designation of Offenses
for Purposes of 18 U.S.C. 4042(C)
cprice-sewell on PROD1PC66 with PROPOSALS
§§ 571.71 and 571.72
[Redesignated]
3. Redesignate §§ 571.71 and 571.72
as §§ 571.81 and 571.82, respectively.
PART 572—PAROLE
4. Revise the authority citation for 28
CFR part 572 to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 4001,
4042, 4081, 4082 (Repealed in part as to
VerDate Aug<31>2005
14:34 Dec 20, 2006
Jkt 211001
5. Revise § 572.40 in Subpart E to read
as follows:
§ 572.40 Reduction in Sentence under 18
U.S.C. 4205(g).
18 U.S.C. 4205(g), repealed effective
November 1, 1987, remains the
controlling law for inmates who
committed offenses before that date. 18
U.S.C. 3582(c)(1)(A) is the controlling
law for inmates who committed offenses
on or after November 1, 1987.
Procedures for a RIS under either statute
are in 28 CFR part 571, subpart G.
[FR Doc. E6–21772 Filed 12–20–06; 8:45 am]
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, 1918,
1919 and 1926
[Docket No. S–778B]
RIN 1218–AC19
Standards Improvement Project, Phase
III
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Advance Notice of Proposed
Rulemaking (ANPRM).
AGENCY:
SUMMARY: OSHA routinely conducts
reviews of its existing safety and health
standards to improve and update them.
As part of this ongoing process, OSHA
is issuing this ANPRM to initiate Phase
III of the Standards Improvement Project
(SIPs III). SIPs III is the third in a series
of rulemaking actions intended to
improve and streamline OSHA
standards by removing or revising
individual requirements within rules
that are confusing, outdated,
duplicative, or inconsistent. These
revisions maintain or enhance
employees’ safety and health, while
reducing regulatory burdens where
possible.
OSHA has already identified a
number of provisions that are potential
candidates for inclusion in SIPs III.
These candidates include
recommendations received from the
public in other rulemakings. The
purpose of this notice is to invite
comment on these recommendations, as
well as provide an opportunity for
commenters to suggest other candidates
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
76623
that might be appropriate for inclusion
in this rulemaking. OSHA will use the
information received in response to this
notice to help determine the scope of
SIPs III.
DATES: Comments must be submitted by
the following dates:
Hardcopy: Your comments must be
submitted (postmarked or sent) by
February 20, 2007.
Facsimile and electronic
transmission: Your comments must be
sent by February 20, 2007.
ADDRESSES: You may submit comments
and additional material, identified by
OSHA Docket No. S–778B, by any of the
following methods:
Electronically: You may submit
comments, and attachments
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions online for making
electronic submissions.
Facsimile (FAX): If your comments,
including any attachments, are 10 pages
or fewer, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Mail, hand delivery, express mail, and
messenger or courier service: You must
submit three copies of your comments
and attachments to the OSHA Docket
Office, Docket No. S–778B, Room N–
2625, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2350
(OSHA’s TTY number is (877) 889–
5627). OSHA Docket Office and
Department of Labor hours of operations
are 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions received
must include the Agency name and
OSHA docket number (S–778B) for this
rulemaking. Submissions, including any
personal information you provide, are
placed in the public docket without
change and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments plus additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read or download submissions,
comments, or other material, go to
https://www.regulations.gov, or the
OSHA Docket Office at the address
above. All documents in the docket are
listed in the https://www.regulations.gov
index, however, some information (e.g.,
copyrighted material) is not publicly
available to read or download through
the Web site. All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office.
E:\FR\FM\21DEP1.SGM
21DEP1
]]>Agencies
[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Proposed Rules]
[Pages 76619-76623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21772]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 571 and 572
[BOP-1120-P]
RIN 1120-AB10
Reduction in Sentence for Medical Reasons
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Prisons (Bureau) is revising its regulations on
procedures for reductions in sentence (RIS) for medical reasons. 28 CFR
Part 571, Subpart G, is currently entitled ``Compassionate Release
(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A)(i) and
4205(g)).'' We are revising these regulations to (1) more accurately
reflect our authority under these statutes and our current policy, (2)
clarify procedures for RIS consideration, and (3) describe procedures
for RIS consideration of D.C. Code offenders, for whom the Bureau has
responsibility under the National Capital Revitalization and Self-
Government Improvement Act of 1997 (D.C. Revitalization Act), D.C.
Official Code Sec. 24-101(b). The new Subpart G will be entitled
``Reduction in Sentence for Medical Reasons.''
DATES: Comments due by February 20, 2007.
ADDRESSES: Regulations Unit, Office of General Counsel, Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534. Our e-mail
address is BOPRULES@bop.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 353-8248.
SUPPLEMENTARY INFORMATION: The Bureau is revising its regulations on
procedures for reductions in sentence (RIS) for medical reasons. 28 CFR
Part 571, Subpart G, is currently entitled ``Compassionate Release
(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and
4205(g)).''
Title 18 of the United States Code, section 3582(c)(1)(A)(i) states
that a court, on motion of the Director of the Bureau, may reduce a
term of imprisonment if ``extraordinary and compelling reasons warrant
such a reduction.'' Based on the Bureau's experience in implementing
this statute and resultant policy decisions, we clarify through these
proposed regulations the specific criteria that the Bureau will
consider for a RIS.
It is important to note we do not intend this regulation to change
the number of RIS cases recommended by the Bureau to sentencing courts.
It is merely a clarification that we will only consider inmates with
extraordinary and compelling medical conditions for RIS, and not
inmates in other, non-medical situations which may be characterized as
``hardships,'' such as a family member's medical problems, economic
difficulties, or the inmate's claim of an unjust sentence.
In this regulation, we explain that an inmate may be a candidate
for RIS consideration if Bureau medical staff, or a Bureau-selected
doctor consulting on his/her case, conclude with reasonable medical
certainty that the inmate has one of the following two conditions:
A terminal illness with a life expectancy of one year or
less; or
A profoundly debilitating medical condition that:
(1) May be physical or cognitive in nature;
(2) is irreversible and cannot be remedied through medication or
other measures; and
(3) has eliminated or severely limited the inmate's ability to
attend to fundamental bodily functions and personal care needs without
substantial assistance from others, including personal hygiene and
toilet functions, basic nutrition, medical care, and physical safety.
If an inmate has such a medical condition, we will not
automatically give that inmate a RIS recommendation. Instead, as is our
current practice, we will carefully consider whether the inmate is a
danger to society, and other relevant considerations which focus on
potential risks to public safety and the nature of the offense, before
recommending a RIS. These considerations may include but are not
limited to: Potential impact on victims or witnesses, criminal history,
inmate's age and length of sentence, and the previous existence of the
medical condition.
Section-by-Section Explanation
Subpart G--New Title
Previously, this subpart was entitled ``Compassionate Release.'' We
are changing the title of subpart G to read ``Reduction in Sentence for
Medical Reasons.'' The Bureau has received letters and Administrative
Remedy appeals from inmates who mistakenly believe that we will
consider circumstances other than the inmate's medical condition for
reducing a sentence. Such is not the Bureau's practice. We believe this
title more accurately describes our criteria and procedures.
Section 571.60 Purpose
In this section, we state that the purpose of this part is to
describe the procedures used to assess whether an inmate in Bureau
custody is appropriate for a reduction in sentence.
Section 571.61 Legal Authority for Reducing the Term of Imprisonment of
an Inmate Requesting a Reduction in Sentence
This section describes the statutes that allow the Director to make
a motion to the sentencing court requesting a RIS. In addition to
previous authority, 18 U.S.C. 3582(c)(1)(A)(i) and 4205(g), we added
the District of Columbia (D.C.) Code Sec. 24-101, Sec. Sec. 24-461
through 24-465, Sec. 24-467, and Sec. 24-468.
Under the D.C. Revitalization Act, enacted August 5, 1997, the
Bureau is responsible for the care and custody of ``the felony
population sentenced pursuant to the District of Columbia Official
Code'' (D.C. Code offenders). (D.C. Official Code Sec. 24-101(b)).
D.C. Code offenders in Bureau custody are subject to Federal laws and
Bureau regulations as long as they are ``consistent with the sentence
imposed.''
Under the D.C. Revitalization Act, we must follow the D.C. Code
when reviewing a RIS for D.C. Code offenders in Bureau custody. We
therefore add the relevant D.C. Code provisions to this regulation.
Section 571.62 Medical Conditions Considered for a Reduction in
Sentence
In this section, we clarify what extraordinary and compelling
circumstances may warrant a RIS. We explain that an inmate may be a
candidate for RIS consideration if
[[Page 76620]]
Bureau medical staff, or a Bureau-selected doctor consulting on his/her
case, conclude with reasonable medical certainty that the inmate
suffers from a terminal illness with a life expectancy of one year or
less, or a profoundly debilitating medical condition that may be
physical or cognitive in nature, is irreversible and cannot be remedied
through medication or other measures, and has eliminated or severely
limited the inmate's ability to attend to fundamental bodily functions
and personal care needs without substantial assistance from others
(including personal hygiene and toilet functions, basic nutrition,
medical care, and physical safety).
In each of these conditions, inmates may be unable to care for
themselves. We may find that such inmates are not likely to pose a
danger to the public or the community if released. We may find that
issues of confinement, punishment, and rehabilitation may no longer be
principal considerations. These types of conditions, viewed in
totality, may be extraordinary and compelling circumstances warranting
a RIS.
Section 571.63 How To Request a Reduction in Sentence
This section instructs inmates to request a RIS in writing at the
institution. This does not change any previous substantive
requirements. We currently have this requirement in 28 CFR 571.61(a).
This section also explains what the RIS request should include.
This does not change any previous substantive requirements, which are
currently in 28 CFR 571.61(a)(1) and (2).
Section 571.64 Submitting a Request for a Reduction in Sentence on
Behalf of an Inmate Who Is Too Ill To Make a Request in Writing
This section allows inmates who are too ill to make written
requests to make their requests verbally to staff or to have someone
else make a request on their behalf. We intend this regulation to be
more permissive, and allow more ways for ill inmates to make this
request.
Section 571.65 Bureau Review of a Request for a Reduction in Sentence
This section simply explains that Bureau medical staff or a Bureau-
selected doctor consulting on an inmate's case at the institution must
first conclude that an inmate has a medical condition as described in
Sec. 571.62. If an inmate is medically eligible for RIS consideration
under Sec. 571.62, Bureau staff at the institution must then determine
that the inmate will not pose a danger to society. If both these
threshold requirements are met, staff will then carefully assess other
relevant factors before determining that a RIS is appropriate in the
inmate's case. In assessing other relevant factors, Bureau staff will
be guided by national Bureau policy statements on this subject.
This section also explains that staff at the institution, the
Warden, the Regional Office, and the Central Office of the Bureau all
review inmate RIS requests. This is merely a codification of currently
existing practice, and will notify inmates and the public that a RIS
request is reviewed by all three levels of the Bureau before approval.
Section 571.66 Director's Determination That a Reduction in Sentence Is
Appropriate
This section explains that, if the Director determines that a RIS
is appropriate, he/she will ask the United States Attorney's Office in
the district where the inmate was sentenced to submit the Director's
motion to the sentencing court on the Bureau's behalf. A RIS can only
occur if the court grants the motion under 18 U.S.C. 3582(c)(1)(A)(i)
or Sec. 4205(g). If the court grants a motion under Sec. 4205(g),
release also depends on a decision by the Parole Commission to grant
parole. This does not change any previous substantive language.
For D.C. Code offenders, a RIS can only occur if the United States
Parole Commission grants medical or geriatric parole under D.C.
Official Code Sec. Sec. 24-463 through 24-465 to inmates in Bureau
custody for offenses that were committed before August 5, 2000, or the
court grants a motion under D.C. Official Code Sec. 24-468 for inmates
in Bureau custody for offenses that were committed on or after August
5, 2000.
Section 571.67 Denial of a Request for a Reduction in Sentence
This section explains how the Warden, Regional Director, and
General Counsel will notify inmates if they deny a RIS request and how
inmates may appeal that decision. This does not change any previous
substantive language. We currently have similar language in 28 CFR
571.63(a)(4).
We note that D.C. Code offenders, as described below, may appeal
RIS decisions or any other Bureau action or inaction through the
Bureau's Administrative Remedy Program.
Sections 571.68-571.74 D.C. Code Offenders
We add these sections to comply with the D.C. Revitalization Act.
The D.C. Revitalization Act makes the Bureau responsible for ``the
felony population sentenced pursuant to the District of Columbia Code''
(D.C. Code offenders). (D.C. Official Code Sec. 24-101(b)) D.C. Code
offenders in Bureau custody are subject to Federal laws and Bureau
regulations as long as they are ``consistent with the sentence
imposed.''
The D.C. Code contains specific provisions that govern D.C. Code
sentences regarding RIS based on medical reasons. Because the Bureau is
now responsible for the custody of D.C. Code felony offenders, we add
regulations stating the eligibility requirements that D.C. Code
offenders in Bureau custody must meet to be considered for RIS. The
process described in Sec. Sec. 571.62 through 571.67 will otherwise be
followed.
Section 571.68 Eligibility of D.C. Code Offenders With Indeterminate
(Parolable) Sentences for Reduction in Sentence
In this section, we describe the ways in which D.C. Code offenders
who committed a felony before August 5, 2000, and were sentenced to an
indeterminate (parolable) sentence, might be eligible for a reduction
in sentence, which is described in the D.C. Code as ``medical parole''
and ``geriatric parole.'' This section also describes inmates who are
excluded from RIS eligibility: D.C. Code offenders (1) whose physical
or medical condition existed at the time of sentencing; or (2) who were
convicted of first degree murder (D.C. Official Code Sec. Sec. 22-
2101, 2106), an armed crime of violence or dangerous crime (D.C.
Official Code Sec. 22-4502), possession of a firearm while committing
a crime of violence or dangerous crime (D.C. Official Code Sec. 22-
4504(b), or armed or unarmed carjacking (D.C. Official Code Sec. 22-
2803).
Section 571.69 Eligibility of D.C. Code Offenders With Determinate
(Non-Parolable) Sentences for Reduction in Sentence
In this section, we describe RIS eligibility for D.C. Code
offenders who committed a felony on or after August 5, 2000, and were
sentenced to terms of imprisonment not subject to parole. Such inmates
may be eligible for a reduction in sentence if they: (1) meet the
medical conditions described in Sec. 571.62, or (2) are 65 years of
age or older, have a chronic infirmity, illness, or disease related to
aging, and release under supervision would not endanger public safety.
This section also describes inmates who are excluded from RIS
eligibility: D.C. Code offenders (1) whose physical or medical
condition
[[Page 76621]]
was known by the court at the time of sentencing; or (2) who are
serving a term of imprisonment imposed pursuant to the District of
Columbia Official Code Sec. Sec. 22-2803(c) (carjacking), or 22-
2104(b) (first degree murder).
Section 571.70 How To Request a Reduction in Sentence Under the D.C.
Code
Under this section, D.C. Code offenders with indeterminate
(parolable) sentences may request a reduction in sentence either by
following the procedures in Sec. Sec. 571.63 and 571.64, or by sending
an application directly to the Parole Commission. D.C. Code offenders
with determinate (non-parolable) sentences may request a reduction in
sentence only by following the procedures in Sec. Sec. 571.63 and
571.64.
Section 571.71 Evaluating a Request for RIS by a D.C. Code Offender
This section makes it clear that the Bureau will use the same
procedures to assess a D.C. Code offender's application for a reduction
in sentence as it uses for federal offenders.
Section 571.72 Ineligibility for Reduction in Sentence
Aside from provisions concerning D.C. Code offenders, this is not a
substantive change from the current Sec. 571.64. An inmate is not
eligible for a RIS if he/she is (a) a state prisoner housed in a Bureau
facility, (b) a federal offender who committed an offense before
November 1, 1987, and serving a non-parolable sentence, or (c) a
military prisoner housed in a Bureau facility.
Section 572.40 Reduction in Sentence (RIS) Under 18 U.S.C. 4205(g)
We make minor changes to this section to conform with changes to
our regulations on RIS for medical reasons.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', section
1(b), Principles of Regulation. The Director, Bureau of Prisons has
determined that this regulation is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), and accordingly
this regulation has not been reviewed by the Office of Management and
Budget.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, under Executive Order 13132,
we determine that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by
approving it certifies that it will not have a significant economic
impact upon a substantial number of small entities for the following
reasons: This regulation pertains to the correctional management of
offenders committed to the custody of the Attorney General or the
Director of the Bureau of Prisons, and its economic impact is limited
to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local
and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This regulation is not a major rule as defined by Sec. 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This
regulation will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
List of Subjects
28 CFR Parts 571 and 572
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Under the rulemaking authority vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we
propose to amend 28 CFR parts 571 and 572, chapter V, subchapter D, as
follows.
Subchapter D--Community Programs and Release
PART 571--RELEASE FROM CUSTODY
1. Revise the authority citation for 28 CFR part 571 to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in
part as to offenses committed on or after November 1, 1987), 3582,
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4161-4166 and
4201-4218 (Repealed as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984, as to offenses
committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S.
Const., Art. II, Sec. 2; 28 CFR 1.1-1.10; D.C. Official Code Sec.
24-101, Sec. Sec. 24-461--24-465, Sec. 24-467, and Sec. 24-468.
Subpart G--Compassionate Release (Procedures for the Implementation
of 18 U.S.C. 3582(c)(1)(A) and 4205(g))
2. Revise subpart G of part 571 to read as follows:
Subpart G--Reduction in Sentence for Medical Reasons
Sec.
571.60 Purpose.
571.61 Legal authority for reducing the term of imprisonment of an
inmate requesting a reduction in sentence.
571.62 Medical conditions considered for a reduction in sentence.
571.63 How to request a reduction in sentence.
571.64 Submitting a request for a reduction in sentence on behalf of
an inmate who is too ill to make a request in writing.
571.65 Bureau review of a request for a reduction in sentence.
571.66 Director's determination that a reduction in sentence is
appropriate.
571.67 Denial of a request for a reduction in sentence.
571.68 Eligibility of D.C. Code offenders with indeterminate
(parolable) sentences for reduction in sentence.
571.69 Eligibility of D.C. Code offenders with determinate (non-
parolable) sentences for reduction in sentence.
571.70 How to request a reduction in sentence under the D.C. Code.
571.71 Evaluating a request for RIS by a D.C. Code Offender.
571.72 Ineligibility for reduction in sentence.
Sec. 571.60 Purpose.
The purpose of this subpart is to describe the criteria and
procedures used to assess whether an inmate in Bureau of Prisons
(Bureau) custody is appropriate for a reduction in sentence.
Sec. 571.61 Legal authority for reducing the term of imprisonment of
an inmate requesting a reduction in sentence.
(a) Pursuant to 18 U.S.C. 3582(c)(1)(A)(i), the Director of the
[[Page 76622]]
Bureau of Prisons is authorized to file a motion in the sentencing
court for a reduction in an inmate's sentence when the Director of the
Bureau determines that extraordinary and compelling circumstances exist
to warrant a reduction in sentence. The sentencing court may reduce the
term of imprisonment on the Director's motion, and the inmate becomes
immediately eligible for release.
(b) 18 U.S.C. 4205(g)(Repealed as to offenses committed on or after
November 1, 1987) provides that the court, on the Director's motion,
may make an inmate serving a parolable sentence immediately eligible
for parole consideration.
(c) The District of Columbia Official Code (D.C. Official Code)
Sec. 24-101, Sec. Sec. 24-461--24-465, Sec. 24-467, and Sec. 24-
468, collectively authorize the Bureau to determine whether a RIS may
be warranted for D.C. Code offenders in Bureau custody.
Sec. 571.62 Medical conditions considered for a reduction in
sentence.
An inmate may be considered for a RIS if Bureau medical staff, or a
Bureau-selected doctor consulting on his/her case, conclude with
reasonable medical certainty that the inmate suffers from:
(a) A terminal illness with a life expectancy of one year or less;
or
(b) A profoundly debilitating medical condition that:
(1) May be physical or cognitive in nature;
(2) Is irreversible and cannot be remedied through medication or
other measures; and
(3) Has eliminated or severely limited the inmate's ability to
attend to fundamental bodily functions and personal care needs without
substantial assistance from others, including personal hygiene and
toilet functions, basic nutrition, medical care, and physical safety.
Sec. 571.63 How to request a reduction in sentence.
(a) You may request a reduction in sentence (RIS) in writing at
your institution.
(b) The RIS request should include:
(1) A statement explaining the medical condition(s) that create the
extraordinary or compelling circumstances for a RIS; and
(2) A proposed release plan, including information about where you
will live, receive medical treatment, and how you will support yourself
and pay for medical care.
Sec. 571.64 Submitting a request for a reduction in sentence on
behalf of an inmate who is too ill to make a request in writing.
If an inmate is too ill to make a request in writing, that inmate
may make the request verbally to Bureau staff, or someone else may
submit a written request for that inmate.
Sec. 571.65 Bureau review of a request for a reduction in sentence.
(a) Institution staff review.
(1) Bureau medical staff at the institution level must first
conclude that you have a qualifying medical condition as described in
Sec. 571.62 or, for D.C. Code offenders who committed a felony before
August 5, 2000, as described in Sec. 571.68.
(2) If you are medically eligible for RIS consideration, Bureau
staff at the institution level will carefully assess the public safety
concerns and the totality of the circumstances before determining that
you are, in fact, appropriate for a RIS, including a review of the
impact a RIS will have on any victims.
(b) Warden review. If the Warden, after reviewing all the relevant
documents, determines that a RIS is appropriate, the Warden sends a
written recommendation to the Regional Director.
(c) Regional Director review. If the Regional Director agrees, the
Regional Director sends a written recommendation to the Office of
General Counsel.
(d) General Counsel review. The General Counsel will ascertain
whether the United States Attorney's Office in the district in which
you were sentenced agrees with the Regional Director's recommendation.
If the General Counsel and the U.S. Attorney's Office agree with the
recommendation, the Director will then determine whether to request the
U.S. Attorney's office to submit a RIS motion to the sentencing court
on the Bureau's behalf.
Sec. 571.66 Director's determination that a reduction in sentence is
appropriate.
If the Director determines that your situation makes you
appropriate for a RIS under 18 U.S.C. 3582(c)(1)(A)(i) or Sec.
4205(g), or for D.C. Code offenders, D.C. Official Code Sec. Sec. 24-
461-465, 467-468, the Director will request the U.S. Attorney's Office
in the district where you were sentenced to submit a RIS motion to the
sentencing court on the Bureau's behalf. A RIS can only occur if the
court grants the motion or if the Parole Commission grants the
application for certain D.C. Code offenders. If the court grants a
motion under Sec. 4205(g), release also depends on a decision by the
Parole Commission to grant you parole.
Sec. 571.67 Denial of a request for a reduction in sentence.
If the Warden, the Regional Director, or the Director determines
that a RIS is not appropriate and denies your RIS request, you will
receive a written notice stating the reason(s) for denial.
(a) If the Warden or Regional Director denies the RIS request, you
may appeal the denial through the Administrative Remedy Program (28 CFR
part 542, subpart B).
(b) If the Director denies the RIS request, you may not appeal the
denial through the Administrative Remedy Program.
Sec. 571.68 Eligibility of D.C. Code offenders with indeterminate
(parolable) sentences for reduction in sentence.
(a) If you are a D.C. Code offender who committed a felony before
August 5, 2000, and you were sentenced to an indeterminate (parolable)
term of imprisonment, you may be eligible for:
(1) Medical parole only if you are:
(i) Terminally ill, which means that you have an incurable
condition caused by illness or disease which would, within reasonable
medical judgment, produce death within 6 months, and you do not
constitute a danger to yourself or society; or
(ii) Permanently incapacitated, which means that, by reason of an
existing physical or medical condition which is not terminal, you are
permanently and irreversibly physically incapacitated, and you do not
constitute a danger to yourself or society; or
(2) Geriatric parole, which means that you are age 65 or older, you
suffer from a chronic infirmity, illness, or disease related to aging,
and you pose a low risk to the community.
(b) Exclusions. You are not eligible for medical or geriatric
parole if:
(1) The physical or medical condition existed at the time of
sentencing, or
(2) The conviction was for first degree murder (D.C. Official Code
Sec. Sec. 22-2101, 2106), an armed crime of violence or dangerous
crimes (D.C. Official Code Sec. 22-4502), possession of a firearm
during the commission of a crime of violence or dangerous crime (D.C.
Official Code Sec. 22-4504(b), or armed or unarmed carjacking (D.C.
Official Code Sec. 22-2803).
Sec. 571.69 Eligibility of D.C. Code offenders with determinate (non-
parolable) sentences for reduction in sentence.
(a) If you are a D.C. Code offender who committed a felony on or
after August 5, 2000, and you were sentenced to a determinate (non-
parolable) term of
[[Page 76623]]
imprisonment, you may be eligible for a reduction in sentence if:
(1) You meet the medical conditions described in Sec. 571.62; or
(2) You are 65 years of age or older, have a chronic infirmity,
illness, or disease related to aging, and releasing you under
supervision would not endanger public safety.
(b) Exclusions. You are not eligible for medical or geriatric
parole if:
(1) The physical or medical condition was known to the court at the
time of sentencing, or
(2) You are serving a term of imprisonment imposed pursuant to the
District of Columbia Official Code Sec. Sec. 22-2803(c) (carjacking),
or 22-2104(b) (first degree murder).
Sec. 571.70 How to request a reduction in sentence under the D.C.
Code.
(a) D.C. Code offenders with indeterminate (parolable) sentences
may request a reduction in sentence either by following the procedures
in Sec. Sec. 571.63 and 571.64, or by sending the request directly to
the United States Parole Commission (USPC).
(b) D.C. Code offenders with determinate (non-parolable) sentences
may request a reduction in sentence only by following the procedures in
Sec. Sec. 571.62 and 571.63.
Sec. 571.71. Evaluating a request for RIS by a D.C. Code Offender.
Other than applying different eligibility requirements (described
in Sec. 571.69), in evaluating a RIS request by a D.C. Code offender
who committed a felony before August 5, 2000, the Bureau will follow
the same criteria and procedures set forth for federal prisoners in
Sec. Sec. 571.62 through 571.67.
Sec. 571.72 Ineligibility for reduction in sentence.
You are NOT eligible for a reduction in sentence if you are:
(a) A state prisoner housed in a Bureau facility; or
(b) A federal offender who committed an offense before November 1,
1987, and serving a non-parolable sentence; or
(c) A military prisoner housed in a Bureau facility.
Subpart H--Designation of Offenses for Purposes of 18 U.S.C.
4042(C)
Sec. Sec. 571.71 and 571.72 [Redesignated]
3. Redesignate Sec. Sec. 571.71 and 571.72 as Sec. Sec. 571.81
and 571.82, respectively.
PART 572--PAROLE
4. Revise the authority citation for 28 CFR part 572 to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082
(Repealed in part as to offenses committed on or after November 1,
1987), 4205, 5015 (Repealed October 12, 1984 as to offenses
committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 1.1-
1.10.
5. Revise Sec. 572.40 in Subpart E to read as follows:
Sec. 572.40 Reduction in Sentence under 18 U.S.C. 4205(g).
18 U.S.C. 4205(g), repealed effective November 1, 1987, remains the
controlling law for inmates who committed offenses before that date. 18
U.S.C. 3582(c)(1)(A) is the controlling law for inmates who committed
offenses on or after November 1, 1987. Procedures for a RIS under
either statute are in 28 CFR part 571, subpart G.
[FR Doc. E6-21772 Filed 12-20-06; 8:45 am]
BILLING CODE 4410-05-P
