Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes, 28602-28606 [E9-14157]
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28602
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
Route 350 to the intersection with Ohio
State Route 73; then north and west on
Route 73 to the intersection with U.S.
Route 22; then west along Route 22 to
U.S. Highway 68; then north and west
on U.S. 68 to the intersection with U.S.
Highway 35; then west and north on
U.S. 35 to Interstate Highway 675; then
north and east on I–675 to the
intersection with Federal Interstate
Highway 70; then west on I–70 to the
intersection with the Montgomery
County line; and then north and west
along the Montgomery County line to
the point of beginning.
V. Authority
This change is made under the
authority of 5 U.S.C. 301; 19 U.S.C. 2,
66, and 1624; and 6 U.S.C. 203.
A. Executive Order 12866: Regulatory
Planning and Review
This rule is not considered to be an
economically significant regulatory
action under Executive Order 12866
because it will not result in the
expenditure of over $100 million in any
one year. The change is intended to
expand the geographical boundaries of
the Port of Dayton, Ohio, and make it
more easily identifiable to the public
and to terminate the user fee airport
status of Airborne Airpark in
Wilmington, Ohio. There are no new
costs to the public associated with this
rule. Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB) under Executive
Order 12866.
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires federal
agencies to examine the impact a rule
would have on small entities. A small
entity may be a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
per the Small Business Act); a small notfor-profit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
This rule does not directly regulate
small entities. The change is part of
CBP’s continuing program to more
efficiently utilize its personnel,
facilities, and resources, and to provide
better service to carriers, importers, and
the general public. To the extent that all
entities are able to more efficiently or
conveniently access the facilities and
resources within the expanded
geographical area of the new port limits,
this rule should confer benefits to CBP,
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§ 122.15
[Amended]
VII. Signing Authority
The signing authority for this
document falls under 19 CFR 0.2(a)
because the port extension is not within
the bounds of those regulations for
which the Secretary of the Treasury has
retained sole authority. Accordingly,
this final rule may be signed by the
Secretary of Homeland Security (or his
or her delegate).
Dated: June 10, 2009.
Janet Napolitano,
Secretary.
[FR Doc. E9–14229 Filed 6–16–09; 8:45 am]
4. The list of user fee airports at 19
CFR 122.15(b) is amended by removing
‘‘Wilmington, Ohio’’ from the
‘‘Location’’ column and, on the same
line, ‘‘Wilmington Airport’’ from the
‘‘Name’’ column.
■
BILLING CODE 9111–14–P
DEPARTMENT OF JUSTICE
Parole Commission
List of Subjects
VI. Statutory and Regulatory Reviews
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carriers, importers, and the general
public.
Because this rule does not directly
regulate small entities, CBP certifies that
this rule does not have a significant
economic impact on a substantial
number of small entities.
28 CFR Part 2
19 CFR Part 101
Customs duties and inspection,
Customs ports of entry, Exports,
Imports, Organization and functions
(Government agencies).
Paroling, Recommitting, and
Supervising Federal Prisoners:
Prisoners Serving Sentences Under
the United States and District of
Columbia Codes
19 CFR Part 122
Customs duties and inspection,
Airports, Imports, Organization and
functions (Government agencies).
Amendments to CBP Regulations
For the reasons set forth above, part
101, CBP Regulations (19 CFR part 101)
and part 122, CBP Regulations (19 CFR
part 122), are amended as set forth
below.
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PART 101—GENERAL PROVISIONS
1. The general authority citation for
part 101 and the specific authority
citation for section 101.3 continue to
read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
Sections 101.3 and 101.4 also issued under
19 U.S.C. 1 and 58b;
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§ 101.3
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[Amended]
2. The list of ports in § 101.3(b)(1) is
amended by removing from the ‘‘Limits
of Port’’ column for Dayton, Ohio, the
present limits description ‘‘Including
territory described in T.D. 76–77’’ and
adding ‘‘CBP Dec. 09–19’’ in its place.
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PART 122—AIR COMMERCE
REGULATIONS
3. The general authority for part 122
continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66,
1431, 1433, 1436, 1448, 1459, 1590, 1594,
1623, 1624, 1644, 1644a, 2071 note.
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AGENCY: United States Parole
Commission, Justice.
ACTION: Interim rule with request for
comments.
SUMMARY: The U.S. Parole Commission
is promulgating interim rules to
implement the District of Columbia
Equitable Street Time Credit
Amendment Act of 2008. This Act
modifies parole laws for District of
Columbia offenders by allowing the
Parole Commission to terminate the
supervision and legal custody of a
parolee before the expiration of the
parolee’s sentence. The Act also
modifies the requirement that the
parolee lose credit for all time spent on
parole when the Commission revokes a
parolee’s release for violating parole
conditions. With these modifications,
parole laws for DC offenders are more
consistent with similar parole laws
governing U.S. Code parole eligible
offenders. The Commission is also
making a number of conforming
amendments to regulations that refer to
the functions that are the subject of the
new DC law, and editing regulations on
the same subjects for U.S. Code parolees
to make the regulations simpler and
more understandable.
DATES: Comments must be received by
August 31, 2009.
ADDRESSES: Submit your comments,
identified by docket identification
number USPC–2009–01 by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
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Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
2. Mail: Office of the General Counsel,
U.S. Parole Commission, 5550
Friendship Blvd., Chevy Chase,
Maryland 20815.
3. Fax: 301–492–5563.
FOR FURTHER INFORMATION CONTACT:
Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd.,
Chevy Chase, Maryland 20815,
telephone (301) 492–5959. Questions
about this publication are welcome, but
inquiries concerning individual cases
cannot be answered over the telephone.
SUPPLEMENTARY INFORMATION: Under the
National Capital Revitalization and SelfGovernment Improvement Act of 1997,
Public Law 105–33, the U.S. Parole
Commission assumed parole release and
revocation authority over District of
Columbia felony offenders, exercising
such authority pursuant to the parole
laws and regulations of the District of
Columbia. DC Code 24–131(c). The
Attorney General of the United States
must concur in any changes made by
the Council of the District of Columbia
in these laws and regulations. Id. The
Commission has exclusive authority to
amend or supplement any regulation
that interprets or implements DC parole
laws. DC Code 24–131(a)(1).
In December 2008 the DC Council
passed the Equitable Street Time Credit
Amendment Act of 2008 (hereinafter
‘‘the Act’’). Former Attorney General
Mukasey concurred in the legislation,
and the Mayor of the District of
Columbia signed the legislation in
January 2009. After a period of
congressional review, the Act became
effective on May 20, 2009 as DC Law
17–389. The Act makes two significant
changes in parole laws for DC offenders.
First, Section 3(a) of the Act amends DC
Code 24–404 to provide that the
Commission may terminate a DC
parolee from supervision, and legal
custody of the parolee, before the
expiration date of the sentence. Under
present law, the Commission may only
transfer a DC parolee to inactive
supervision before the sentence expires.
This first change gives the Commission
the same authority, and same
responsibilities, it presently carries out
for Federal parolees under its
jurisdiction (see 18 U.S.C. 4211). The
Commission is required to conduct an
early termination record review for the
DC parolee after the parolee serves two
years of continuous supervision. If the
parolee is not discharged from
supervision and the sentence after five
years of supervision, the Commission
must conduct a five-year termination
hearing using the same decision-making
standard it uses for Federal parolees,
i.e., whether there is a reasonable
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probability that the parolee will violate
any criminal law if he were discharged
from the sentence.
The interim rule is almost identical to
the current rule governing early
termination decisions for Federal
parolees. No substantive change is
intended from the procedures for
Federal parolees. The Commission is
adopting the early termination
guidelines it now uses for Federal
parolees in carrying out its new duties
for DC parolees. In doing so, the
Commission is eliminating the use of a
violence assessment under the
guidelines at 28 CFR § 2.80 as a
decision-making criterion. This
assessment is presently used in the
guidelines for transferring a DC parolee
from active to inactive supervision. The
elimination of the violence assessment
is not intended to signal any
devaluation of the risk of possible
violence as a factor in the Commission’s
decision. Instead, the risk of future
violence will be addressed as a casespecific factor that may warrant a
departure from the advisory guidelines.
The Commission is also amending the
rules at 28 CFR 2.43 (for Federal
parolees) and 2.208 (for DC supervised
releasees) to conform with this interim
rule and the clearer language and
simpler format of the new rule.
The legislation applies to all DC
parolees now under active or inactive
supervision, and any DC prisoner who
will be released to parole (including
mandatory release) supervision. For
those offenders released before the
effective date of the Act, the
Commission must apply the procedures
of the new law within one year of the
effective date.
The second significant amendment of
DC parole law is found in Section 3(b)
of the Act. Under the current version of
DC Code 24–406, if parole is revoked,
the parole violator must forfeit all time
spent on parole, regardless of the nature
of the violation. Section 3(b) of the Act
amends 24–406 to limit the forfeiture of
parole time to those revoked parolees
who have incurred a new conviction for
an offense punishable by imprisonment,
or who have intentionally refused or
failed to respond to a request or order
of the Commission. The legislation
provides for mandatory forfeiture of the
parole period if the parolee is convicted
of a crime punishable by a prison term
of more than one year. If the new
conviction carries a possible jail term of
one year or less, the Commission has
discretion to allow sentence credit if the
Commission decides that forfeiture is
not necessary to protect the public
welfare. This change in forfeiture law
brings DC parole laws more in line with
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the forfeiture provisions for Federal
parolees found at 18 U.S.C. 4210(b) and
(c), which require parole time forfeiture
for a revoked parolee who is convicted
of a crime punishable by imprisonment,
and permit forfeiture of a period while
the parolee absconded from supervision
or willfully disobeyed a Commission
direction. For now, the Commission has
decided not to promulgate guidelines
regarding the exercise of discretionary
judgment in granting parole time credit
to persons convicted of misdemeanor
crimes. As its experience develops, the
Commission may decide that guidelines
are desirable in making this decision.
The amendment to the parole time
credit laws does not apply to parole
periods that have already been revoked
and forfeited before the effective date of
the Act.
Finally, the Commission is amending
a number of other rules to conform with
the amendments required by the new
law.
Implementation
The regulations set forth below will
be made effective as of the date of
publication, and will apply to all
persons who are serving sentences
imposed for felony crimes under the
District of Columbia Code. The
Commission has already begun
implementing the street time forfeiture
provisions of the Act for revocation
decisions issued on or after May 20,
2009, the Act’s effective date. As noted
above, the Act does not disturb the
street time forfeiture decisions for DC
offenders issued by the Commission
before May 20, 2009, and it allows the
Commission a period of one year to
implement the provisions on early
termination of supervision for those DC
parolees who were released before the
Act’s effective date.
Good Cause Finding
The Commission is making these
interim rules effective less than 30 days
from the date of this publication for
good cause pursuant to 5 U.S.C.
553(d)(3). The effective date of the new
Act has already passed and the
Commission must immediately
implement the new Act to ensure that
determinations as to street time credit
for revoked parolees are made in
accordance with the Act, and that these
parolees do not improperly forfeit
sentence credit. Delaying the effective
date of the rules would not serve the
public interest regarding the fair
administration of criminal laws, and is
not necessary to prepare either the
general public or other components of
the DC criminal justice system for the
implementation of the new Act. Almost
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all of the changes required by the Act
will be matters for the internal
administration of the Commission’s
functions.
List of Subjects in 28 CFR Part 2
Executive Order 12866
The Interim Rule
The U. S. Parole Commission has
determined that these interim rules do
not constitute significant rules within
the meaning of Executive Order 12866.
Accordingly, the U. S. Parole
Commission is adopting the following
amendment to 28 CFR part 2.
Administrative practice and
procedure, Prisoners, Probation and
Parole.
Executive Order 13132
Regulatory Flexibility Act
The interim rules 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).
Part 2–PAROLE, RELEASE,
SUPERVISION AND RECOMMITMENT
OF PRISONERS, YOUTH OFFENDERS,
AND JUVENILE DELINQUENTS
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§ 2.95
Small Business Regulatory Enforcement
Fairness Act of 1996 (Subtitle E—
Congressional Review Act)
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2. The table of contents for 28 CFR
part 2 is amended by revising the
headings for Sections 2.95 and 2.96 to
read as follows:
■
Subpart C–District of Columbia Code:
Prisoners and Parolees
The rules will not cause State, local,
or tribal governments, or the private
sector, to spend $100,000,000 or more in
any one year, and it will not
significantly or uniquely affect small
governments. No action under the
Unfunded Mandates Reform Act of 1995
is necessary.
These rules are not ‘‘major rules’’ as
defined by Section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 Subtitle E—
Congressional Review Act), now
codified at 5 U.S.C. 804(2). The rules
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 the ability
of United States-based companies to
compete with foreign based companies.
Moreover, these are rules of agency
practice or procedure that do not
substantially affect the rights or
obligations of non-agency parties, and
do not come within the meaning of the
term ‘‘rule’’ as used in Section
804(3)(C), now codified at 5 U.S.C.
804(3)(C). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
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Authority: 18 U.S.C. 4203(a)(l) and
4204(a)(6).
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Unfunded Mandates Reform Act of
1995
15:23 Jun 16, 2009
1. The authority citation for 28 CFR
part 2 continues to read as follows:
■
These regulations will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Under Executive
Order 13132, these rules do not have
sufficient federalism implications
requiring a federalism Assessment.
VerDate Nov<24>2008
PART 2—[AMENDED]
Early termination from supervision.
§ 2.96
Order of early termination.
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■ 3. Section 2.43 is revised to read as
follows:
§ 2.43
Early termination.
(a)(1) Upon its own motion or upon
request of a parolee, the Commission
may terminate a parolee’s supervision,
and legal custody over the parolee,
before the sentence expires.
(2) The Commission may terminate
supervision of a committed youth
offender after the offender serves one
year on supervision. Upon terminating
supervision before the sentence expires,
the Commission shall set aside the
committed youth offender’s conviction
and issue a certificate setting aside the
conviction instead of a certificate of
termination.
(b) Two years after releasing a
prisoner on supervision, and at least
annually thereafter, the Commission
shall review the status of the parolee to
determine the need for continued
supervision. The Commission shall also
conduct a status review whenever the
supervision officer recommends early
termination of the parolee’s supervision.
(c) Five years after releasing a
prisoner on supervision, the
Commission shall terminate supervision
over the parolee unless the Commission
determines, after a hearing, that such
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supervision should not be terminated
because there is a likelihood that the
parolee will engage in conduct violating
any criminal law. If the Commission
does not terminate supervision under
this paragraph, the parolee may request
a hearing annually thereafter, and the
Commission shall conduct an early
termination hearing at least every two
years.
(d) In calculating the two-year and
five-year periods provided in
paragraphs (b) and (c) of this section,
the Commission shall not include any
period of parole before the most recent
release, or any period served in
confinement on any other sentence.
(e) A parolee may appeal an adverse
decision under paragraph (b) of this
section under § 2.26 or § 2.27 as
applicable.
(f) If the case is designated for the
original jurisdiction of the Commission,
a decision to terminate supervision
under paragraphs (a)(2) and (b) of this
section, or a decision to terminate or
continue supervision under paragraph
(c) of this section shall be made under
the provisions of § 2.17.
(g)(1) In determining whether to grant
early termination from supervision, the
Commission shall consider the
guidelines of this paragraph. The
guidelines are advisory and the
Commission may disregard the outcome
indicated by the guidelines based on
case-specific factors. Termination of
supervision is indicated if the parolee:
(A) Has a salient factor score in the
very good risk category and has
completed two continuous years of
supervision free from an incident of
new criminal behavior or serious parole
violation; or
(B) Has a salient factor score in a risk
category other than very good and has
completed three continuous years of
supervision free from an incident of
new criminal behavior or serious parole
violation.
(2) As used in this paragraph, the term
‘‘an incident of new criminal behavior
or serious parole violation’’ includes a
new arrest or report of a parole violation
if supported by substantial evidence of
guilt, even if no conviction or parole
revocation results. The Commission
shall not terminate supervision of a
parolee until it determines the
disposition of a pending criminal
charge.
(h) Case-specific factors that may
justify a departure either above or below
the early termination guidelines may
relate to the current behavior of the
parolee, or to the parolee’s background
and criminal history.
■ 4. Section 2.65 is amended by revising
paragraph (i) to read as follows:
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§ 2.65 Paroling policy for prisoners
serving aggregate U.S. and DC Code
sentences.
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§ 2.95
7. Section 2.95 is revised to read as
follows:
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(i) Forfeiture of parole time. All time
on parole shall be forfeited if required
under § 2.52(c) and § 2,105(d) of these
regulations. If not, the Commission shall
divide the total time on parole
according to the proportional
relationship of the DC sentence to the
U.S. sentence, and shall order the
forfeiture of the portion corresponding
to the DC sentence pursuant to
§ 2.105(d). For example, if the parolee is
serving a two-year DC Code sentence
and a three-year U.S. Code sentence, the
DC sentence is two fifths, or 40 percent,
of the aggregate sentence (five years). If
the parolee was on parole 100 days and
parole is revoked for a misdemeanor
conviction, a period of 40 days is
subject to possible forfeiture under
§ 2.105(d).
■ 5. Section 2.74 is amended by revising
the third sentence of paragraph (c) to
read as follows:
§ 2.74
Decision of the Commission.
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(c) * * *
A decision terminating a parolee early
from supervision shall also be based on
the concurrence of two Commissioners.
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■ 6. Section 2.92 is amended by revising
paragraphs (a), (c), and (d) to read as
follows:
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§ 2.92
Jurisdiction of the Commission.
(a) The jurisdiction of the
Commission over a parolee shall expire
on the date of expiration of the
maximum term or terms for which he
was sentenced, or upon the early
termination of supervision as provided
in § 2.95, subject to the provisions of
this subpart relating to warrant
issuance, time in absconder status, and
the forfeiture of time on parole in the
case of revocation.
(b) * * *
(c) When the parolee’s sentence
expires, the supervision officer shall
issue a certificate of discharge to the
parolee and to such other agencies as
may be appropriate. If the Commission
terminates the parolee’s supervision
early under § 2.95, the Commission
shall issue a certificate of discharge for
delivery to the parolee by the
supervision officer.
(d) An order of revocation shall not
affect the Commission’s jurisdiction to
grant and enforce any further periods of
parole, up to the date of expiration of
the offender’s maximum term, or upon
the early termination of supervision
under § 2.95.
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Early termination from supervision.
(a) (1) Upon its own motion or upon
request of a parolee, the Commission
may terminate a parolee’s supervision,
and legal custody over the parolee,
before the sentence expires. (2) The
Commission may terminate supervision
of a committed youth offender after the
offender serves one year on supervision.
Upon terminating supervision before the
sentence expires, the Commission shall
set aside the committed youth offender’s
conviction and issue a certificate setting
aside the conviction instead of a
certificate of termination.
(b) Two years after releasing a
prisoner on supervision, and at least
annually thereafter, the Commission
shall review the status of the parolee to
determine the need for continued
supervision. The Commission shall also
conduct a status review whenever the
supervision officer recommends early
termination of the parolee’s supervision.
(c) Five years after releasing a
prisoner on supervision, the
Commission shall terminate supervision
over the parolee unless the Commission
determines, after a hearing, that such
supervision should not be terminated
because there is a likelihood that the
parolee will engage in conduct violating
any criminal law. If the Commission
does not terminate supervision under
this paragraph, the parolee may request
a hearing annually thereafter, and the
Commission shall conduct an early
termination hearing at least every two
years.
(d) In calculating the two-year and
five-year periods provided in
paragraphs (b) and (c) of this section,
the Commission shall not include any
period of parole before the most recent
release, or any period the parolee served
in confinement on any other sentence.
(e)(1) In determining whether to grant
early termination from supervision, the
Commission shall consider the
guidelines of this paragraph. The
guidelines are advisory and the
Commission may disregard the outcome
indicated by the guidelines based on
case-specific factors. Termination of
supervision is indicated if the parolee:
(A) Has a salient factor score in the
very good risk category and has
completed two continuous years of
supervision free from an incident of
new criminal behavior or serious parole
violation; or
(B) has a salient factor score in a risk
category other than very good and has
completed three continuous years of
supervision free from an incident of
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new criminal behavior or serious parole
violation.
(2) As used in this paragraph, the term
‘‘an incident of new criminal behavior
or serious parole violation’’ includes a
new arrest or report of a parole violation
if supported by substantial evidence of
guilt, even if no conviction or parole
revocation results. The Commission
shall not terminate supervision of a
parolee until it determines the
disposition of a pending criminal
charge.
(3) Case-specific factors that may
justify a departure either above or below
the early termination guidelines may
relate to the current behavior of the
parolee, or to the parolee’s background
and criminal history.
■ 8. Section 2.96 is revised to read as
follows:
§ 2.96
Order of early termination.
When the Commission orders early
termination from supervision, the
Commission shall issue a certificate to
the parolee granting a full discharge
from the sentence. The termination and
discharge shall take effect only upon the
actual delivery of the certificate of
discharge to the parolee by the
supervision officer, and may be
rescinded for good cause at any time
before such delivery.
■ 9. Section 2.97 is amended by revising
the first clause of the first sentence to
read as follows:
§ 2.97
Withdrawal of order of release.
If, after an order for release from
active supervision under former § 2.95
has been issued by the Commission,
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■ 10. Section 2.98 is amended in
paragraph (e) by removing ‘‘DC Code
24–406(a)’’ and adding in its place ‘‘DC
Code 24–406(c).’’
■ 11. Section 2.100 is amended in
paragraph (d)(2) by removing ‘‘DC Code
24–406(a)’’ and adding in its place ‘‘DC
Code 24–406(c).’’
■ 12. Section § 2.105 is amended by
revising paragraphs (b), (d), and (e) to
read as follows: 2.105 Revocation
decisions.
(a) * * *
(b) If parole is revoked under this
section, the Commission shall
determine whether immediate reparole
is warranted or whether the parolee
should be returned to prison. If the
parolee is returned to prison, the
Commission shall also determine
whether to set a presumptive release
date pursuant to § 2.81.
(c) * * *
(d)(1) Except as provided in
paragraphs (d)(2) and (d)(3), the
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Commission shall grant a revoked
parolee credit toward completion of the
sentence for all time served on parole.
(2)(A) The Commission shall forfeit
credit for the period of parole if a
parolee is convicted of a crime
committed during a period of parole and
that is punishable by a term of
imprisonment of more than one year.
(B) If the crime is punishable by any
other term of imprisonment, the
Commission shall forfeit credit for the
period of parole unless the Commission
determines that such forfeiture is not
necessary to protect the public welfare.
In making this decision, the
Commission shall consider the nature
and circumstances of the violation
behavior, the history and characteristics
of the offender, including the offender’s
supervision history, and other available
and relevant information.
(3) If, during the period of parole, a
parolee intentionally refuses or fails to
respond to any reasonable request,
order, summons, or warrant of the
Commission or any member or agent of
the Commission, the Commission may
order that the parolee not receive credit
for the period of time that the
Commission determines that the parolee
failed or refused to respond to such a
request, order, summons, or warrant.
(4) The provisions of this paragraph
shall apply only to any period of parole
that is being served on or after May 20,
2009, and shall not apply to any period
of parole that was revoked before that
date.
(e) Notwithstanding paragraphs (a)
through (d) of this section, prisoners
committed under the Federal Youth
Corrections Act shall not be subject to
forfeiture of time on parole, but shall
serve uninterrupted sentences from the
date of conviction except as provided in
§ 2.10(b) and (c). DC Code 24–406(c) and
paragraphs (a) through (d) of this section
are fully applicable to prisoners serving
sentences under the DC Youth
Rehabilitation Act.
*
*
*
*
*
■ 13. Section § 2.208 is revised to read
as follows:
dwashington3 on PROD1PC60 with RULES
§ 2.208 Termination of a term of
supervised release.
(a)(1) The Commission may terminate
a term of supervised release and
discharge the releasee from supervision
after the expiration of one year of
supervised release, if the Commission is
satisfied that such action is warranted
by the conduct of the releasee and the
interest of justice.
(2) Upon terminating supervision of a
committed youth offender before the
sentence expires, the Commission shall
set aside the committed youth offender’s
VerDate Nov<24>2008
15:23 Jun 16, 2009
Jkt 217001
conviction and issue a certificate setting
aside the conviction instead of a
certificate of discharge.
(b) Two years after a prisoner is
released on supervision, and at least
annually thereafter, the Commission
shall review the status of the releasee to
determine the need for continued
supervision. The Commission shall also
conduct a status review whenever the
supervision officer recommends
termination of the supervised release
term. If the term of supervised release
imposed by the court is two years or
less, the Commission shall consider
termination of supervision only if
recommended by the releasee’s
supervision officer.
(c) In calculating the two-year period
provided in paragraph (b) of this
section, the Commission shall not
include any period of release before the
most recent release, or any period
served in confinement on any other
sentence.
(d) (1) In deciding whether to
terminate supervised release, the
Commission shall consider the
guidelines of this paragraph. The
guidelines are advisory and the
Commission may disregard the outcome
indicated by the guidelines based on
case specific factors. Termination of
supervision is indicated if the releasee:
(A) Has a salient factor score in the
very good risk category and has
completed two continuous years of
supervision free from an incident of
new criminal behavior or serious release
violation; or
(B) Has a salient factor score in a risk
category other than very good and has
completed three continuous years of
supervision free from an incident of
new criminal behavior or serious release
violation.
(2) As used in this paragraph, the term
‘‘an incident of new criminal behavior
or serious release violation’’ includes a
new arrest or report of a release
violation if supported by substantial
evidence of guilt, even if no conviction
or release revocation results. The
Commission shall not terminate
supervision of a releasee until it
determines the disposition of a pending
criminal charge.
(3) Case-specific factors that may
justify a departure either above or below
the early termination guidelines may
relate to the current behavior of the
releasee, or to the releasee’s background
and criminal history.
Dated: June 8, 2009.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. E9–14157 Filed 6–16–09; 8:45 am]
BILLING CODE 4410–31–M
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 49
RIN 1219–AB66
Mine Rescue Teams
AGENCY: Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Final rule.
SUMMARY: This final rule revises
MSHA’s existing standards for mine
rescue teams for underground coal
mines. On February 10, 2009, the
United States Court of Appeals for the
District of Columbia Circuit (Court) held
that MSHA’s Mine Rescue Teams rule,
issued on February 8, 2008, is
inconsistent with Section 4 of the Mine
Improvement and New Emergency
Response (MINER) Act in three respects.
This final rule revises those portions of
the existing rule in accordance with the
MINER Act, consistent with the Court’s
decision.
DATES: Effective Date: June 17, 2009.
Compliance Dates: Each underground
coal mine operator affected by the
changes in this final rule shall comply
with the requirements of § 49.50(a),
Table 49.50–A, by December 14, 2009,
and the requirements of § 49.50(a),
Table 49.50–B, by June 17, 2010.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, at silvey.patricia@dol.gov
(Internet e-mail), 202–693–9440 (voice),
or 202–693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Final Rule
The Administrative Procedure Act
(APA) requires that rulemakings be
published in the Federal Register and
requires generally that agencies provide
an opportunity for public comment.
However, notice and an opportunity for
public comment are not required when
the agency ‘‘for good cause finds’’ that
notice and comment ‘‘are impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(B).
The Court stated in its decision that
the MINER Act does not allow MSHA to
exercise any discretion with respect to
the issues in the Court’s order. As a
result, MSHA finds that there is ‘‘good
cause’’ under 5 U.S.C. 553(b)(B) of the
APA to issue this final rule without
prior public notice and comment.
Further, in accordance with the Court’s
decision, MSHA has determined that
there is ‘‘good cause’’ to except this
action from the 30-day delayed effective
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28602-28606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14157]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners:
Prisoners Serving Sentences Under the United States and District of
Columbia Codes
AGENCY: United States Parole Commission, Justice.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Parole Commission is promulgating interim rules to
implement the District of Columbia Equitable Street Time Credit
Amendment Act of 2008. This Act modifies parole laws for District of
Columbia offenders by allowing the Parole Commission to terminate the
supervision and legal custody of a parolee before the expiration of the
parolee's sentence. The Act also modifies the requirement that the
parolee lose credit for all time spent on parole when the Commission
revokes a parolee's release for violating parole conditions. With these
modifications, parole laws for DC offenders are more consistent with
similar parole laws governing U.S. Code parole eligible offenders. The
Commission is also making a number of conforming amendments to
regulations that refer to the functions that are the subject of the new
DC law, and editing regulations on the same subjects for U.S. Code
parolees to make the regulations simpler and more understandable.
DATES: Comments must be received by August 31, 2009.
ADDRESSES: Submit your comments, identified by docket identification
number USPC-2009-01 by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online instructions for submitting comments.
[[Page 28603]]
2. Mail: Office of the General Counsel, U.S. Parole Commission,
5550 Friendship Blvd., Chevy Chase, Maryland 20815.
3. Fax: 301-492-5563.
FOR FURTHER INFORMATION CONTACT: Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815,
telephone (301) 492-5959. Questions about this publication are welcome,
but inquiries concerning individual cases cannot be answered over the
telephone.
SUPPLEMENTARY INFORMATION: Under the National Capital Revitalization
and Self-Government Improvement Act of 1997, Public Law 105-33, the
U.S. Parole Commission assumed parole release and revocation authority
over District of Columbia felony offenders, exercising such authority
pursuant to the parole laws and regulations of the District of
Columbia. DC Code 24-131(c). The Attorney General of the United States
must concur in any changes made by the Council of the District of
Columbia in these laws and regulations. Id. The Commission has
exclusive authority to amend or supplement any regulation that
interprets or implements DC parole laws. DC Code 24-131(a)(1).
In December 2008 the DC Council passed the Equitable Street Time
Credit Amendment Act of 2008 (hereinafter ``the Act''). Former Attorney
General Mukasey concurred in the legislation, and the Mayor of the
District of Columbia signed the legislation in January 2009. After a
period of congressional review, the Act became effective on May 20,
2009 as DC Law 17-389. The Act makes two significant changes in parole
laws for DC offenders. First, Section 3(a) of the Act amends DC Code
24-404 to provide that the Commission may terminate a DC parolee from
supervision, and legal custody of the parolee, before the expiration
date of the sentence. Under present law, the Commission may only
transfer a DC parolee to inactive supervision before the sentence
expires. This first change gives the Commission the same authority, and
same responsibilities, it presently carries out for Federal parolees
under its jurisdiction (see 18 U.S.C. 4211). The Commission is required
to conduct an early termination record review for the DC parolee after
the parolee serves two years of continuous supervision. If the parolee
is not discharged from supervision and the sentence after five years of
supervision, the Commission must conduct a five-year termination
hearing using the same decision-making standard it uses for Federal
parolees, i.e., whether there is a reasonable probability that the
parolee will violate any criminal law if he were discharged from the
sentence.
The interim rule is almost identical to the current rule governing
early termination decisions for Federal parolees. No substantive change
is intended from the procedures for Federal parolees. The Commission is
adopting the early termination guidelines it now uses for Federal
parolees in carrying out its new duties for DC parolees. In doing so,
the Commission is eliminating the use of a violence assessment under
the guidelines at 28 CFR Sec. 2.80 as a decision-making criterion.
This assessment is presently used in the guidelines for transferring a
DC parolee from active to inactive supervision. The elimination of the
violence assessment is not intended to signal any devaluation of the
risk of possible violence as a factor in the Commission's decision.
Instead, the risk of future violence will be addressed as a case-
specific factor that may warrant a departure from the advisory
guidelines. The Commission is also amending the rules at 28 CFR 2.43
(for Federal parolees) and 2.208 (for DC supervised releasees) to
conform with this interim rule and the clearer language and simpler
format of the new rule.
The legislation applies to all DC parolees now under active or
inactive supervision, and any DC prisoner who will be released to
parole (including mandatory release) supervision. For those offenders
released before the effective date of the Act, the Commission must
apply the procedures of the new law within one year of the effective
date.
The second significant amendment of DC parole law is found in
Section 3(b) of the Act. Under the current version of DC Code 24-406,
if parole is revoked, the parole violator must forfeit all time spent
on parole, regardless of the nature of the violation. Section 3(b) of
the Act amends 24-406 to limit the forfeiture of parole time to those
revoked parolees who have incurred a new conviction for an offense
punishable by imprisonment, or who have intentionally refused or failed
to respond to a request or order of the Commission. The legislation
provides for mandatory forfeiture of the parole period if the parolee
is convicted of a crime punishable by a prison term of more than one
year. If the new conviction carries a possible jail term of one year or
less, the Commission has discretion to allow sentence credit if the
Commission decides that forfeiture is not necessary to protect the
public welfare. This change in forfeiture law brings DC parole laws
more in line with the forfeiture provisions for Federal parolees found
at 18 U.S.C. 4210(b) and (c), which require parole time forfeiture for
a revoked parolee who is convicted of a crime punishable by
imprisonment, and permit forfeiture of a period while the parolee
absconded from supervision or willfully disobeyed a Commission
direction. For now, the Commission has decided not to promulgate
guidelines regarding the exercise of discretionary judgment in granting
parole time credit to persons convicted of misdemeanor crimes. As its
experience develops, the Commission may decide that guidelines are
desirable in making this decision. The amendment to the parole time
credit laws does not apply to parole periods that have already been
revoked and forfeited before the effective date of the Act.
Finally, the Commission is amending a number of other rules to
conform with the amendments required by the new law.
Implementation
The regulations set forth below will be made effective as of the
date of publication, and will apply to all persons who are serving
sentences imposed for felony crimes under the District of Columbia
Code. The Commission has already begun implementing the street time
forfeiture provisions of the Act for revocation decisions issued on or
after May 20, 2009, the Act's effective date. As noted above, the Act
does not disturb the street time forfeiture decisions for DC offenders
issued by the Commission before May 20, 2009, and it allows the
Commission a period of one year to implement the provisions on early
termination of supervision for those DC parolees who were released
before the Act's effective date.
Good Cause Finding
The Commission is making these interim rules effective less than 30
days from the date of this publication for good cause pursuant to 5
U.S.C. 553(d)(3). The effective date of the new Act has already passed
and the Commission must immediately implement the new Act to ensure
that determinations as to street time credit for revoked parolees are
made in accordance with the Act, and that these parolees do not
improperly forfeit sentence credit. Delaying the effective date of the
rules would not serve the public interest regarding the fair
administration of criminal laws, and is not necessary to prepare either
the general public or other components of the DC criminal justice
system for the implementation of the new Act. Almost
[[Page 28604]]
all of the changes required by the Act will be matters for the internal
administration of the Commission's functions.
Executive Order 12866
The U. S. Parole Commission has determined that these interim rules
do not constitute significant rules within the meaning of Executive
Order 12866.
Executive Order 13132
These regulations will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Under Executive Order 13132, these rules
do not have sufficient federalism implications requiring a federalism
Assessment.
Regulatory Flexibility Act
The interim rules 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).
Unfunded Mandates Reform Act of 1995
The rules will not cause State, local, or tribal governments, or
the private sector, to spend $100,000,000 or more in any one year, and
it will not significantly or uniquely affect small governments. No
action under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle
E--Congressional Review Act)
These rules are not ``major rules'' as defined by Section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle
E--Congressional Review Act), now codified at 5 U.S.C. 804(2). The
rules 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 the ability of United States-based
companies to compete with foreign based companies. Moreover, these are
rules of agency practice or procedure that do not substantially affect
the rights or obligations of non-agency parties, and do not come within
the meaning of the term ``rule'' as used in Section 804(3)(C), now
codified at 5 U.S.C. 804(3)(C). Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Prisoners, Probation and
Parole.
The Interim Rule
Accordingly, the U. S. Parole Commission is adopting the following
amendment to 28 CFR part 2.
PART 2--[AMENDED]
0
1. The authority citation for 28 CFR part 2 continues to read as
follows:
Authority: 18 U.S.C. 4203(a)(l) and 4204(a)(6).
0
2. The table of contents for 28 CFR part 2 is amended by revising the
headings for Sections 2.95 and 2.96 to read as follows:
Part 2-PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,
YOUTH OFFENDERS, AND JUVENILE DELINQUENTS
* * * * *
Subpart C-District of Columbia Code: Prisoners and Parolees
* * * * *
Sec. 2.95 Early termination from supervision.
Sec. 2.96 Order of early termination.
* * * * *
0
3. Section 2.43 is revised to read as follows:
Sec. 2.43 Early termination.
(a)(1) Upon its own motion or upon request of a parolee, the
Commission may terminate a parolee's supervision, and legal custody
over the parolee, before the sentence expires.
(2) The Commission may terminate supervision of a committed youth
offender after the offender serves one year on supervision. Upon
terminating supervision before the sentence expires, the Commission
shall set aside the committed youth offender's conviction and issue a
certificate setting aside the conviction instead of a certificate of
termination.
(b) Two years after releasing a prisoner on supervision, and at
least annually thereafter, the Commission shall review the status of
the parolee to determine the need for continued supervision. The
Commission shall also conduct a status review whenever the supervision
officer recommends early termination of the parolee's supervision.
(c) Five years after releasing a prisoner on supervision, the
Commission shall terminate supervision over the parolee unless the
Commission determines, after a hearing, that such supervision should
not be terminated because there is a likelihood that the parolee will
engage in conduct violating any criminal law. If the Commission does
not terminate supervision under this paragraph, the parolee may request
a hearing annually thereafter, and the Commission shall conduct an
early termination hearing at least every two years.
(d) In calculating the two-year and five-year periods provided in
paragraphs (b) and (c) of this section, the Commission shall not
include any period of parole before the most recent release, or any
period served in confinement on any other sentence.
(e) A parolee may appeal an adverse decision under paragraph (b) of
this section under Sec. 2.26 or Sec. 2.27 as applicable.
(f) If the case is designated for the original jurisdiction of the
Commission, a decision to terminate supervision under paragraphs (a)(2)
and (b) of this section, or a decision to terminate or continue
supervision under paragraph (c) of this section shall be made under the
provisions of Sec. 2.17.
(g)(1) In determining whether to grant early termination from
supervision, the Commission shall consider the guidelines of this
paragraph. The guidelines are advisory and the Commission may disregard
the outcome indicated by the guidelines based on case-specific factors.
Termination of supervision is indicated if the parolee:
(A) Has a salient factor score in the very good risk category and
has completed two continuous years of supervision free from an incident
of new criminal behavior or serious parole violation; or
(B) Has a salient factor score in a risk category other than very
good and has completed three continuous years of supervision free from
an incident of new criminal behavior or serious parole violation.
(2) As used in this paragraph, the term ``an incident of new
criminal behavior or serious parole violation'' includes a new arrest
or report of a parole violation if supported by substantial evidence of
guilt, even if no conviction or parole revocation results. The
Commission shall not terminate supervision of a parolee until it
determines the disposition of a pending criminal charge.
(h) Case-specific factors that may justify a departure either above
or below the early termination guidelines may relate to the current
behavior of the parolee, or to the parolee's background and criminal
history.
0
4. Section 2.65 is amended by revising paragraph (i) to read as
follows:
[[Page 28605]]
Sec. 2.65 Paroling policy for prisoners serving aggregate U.S. and DC
Code sentences.
* * * * *
(i) Forfeiture of parole time. All time on parole shall be
forfeited if required under Sec. 2.52(c) and Sec. 2,105(d) of these
regulations. If not, the Commission shall divide the total time on
parole according to the proportional relationship of the DC sentence to
the U.S. sentence, and shall order the forfeiture of the portion
corresponding to the DC sentence pursuant to Sec. 2.105(d). For
example, if the parolee is serving a two-year DC Code sentence and a
three-year U.S. Code sentence, the DC sentence is two fifths, or 40
percent, of the aggregate sentence (five years). If the parolee was on
parole 100 days and parole is revoked for a misdemeanor conviction, a
period of 40 days is subject to possible forfeiture under Sec.
2.105(d).
0
5. Section 2.74 is amended by revising the third sentence of paragraph
(c) to read as follows:
Sec. 2.74 Decision of the Commission.
* * * * *
(c) * * *
A decision terminating a parolee early from supervision shall also
be based on the concurrence of two Commissioners.
* * * * *
0
6. Section 2.92 is amended by revising paragraphs (a), (c), and (d) to
read as follows:
Sec. 2.92 Jurisdiction of the Commission.
(a) The jurisdiction of the Commission over a parolee shall expire
on the date of expiration of the maximum term or terms for which he was
sentenced, or upon the early termination of supervision as provided in
Sec. 2.95, subject to the provisions of this subpart relating to
warrant issuance, time in absconder status, and the forfeiture of time
on parole in the case of revocation.
(b) * * *
(c) When the parolee's sentence expires, the supervision officer
shall issue a certificate of discharge to the parolee and to such other
agencies as may be appropriate. If the Commission terminates the
parolee's supervision early under Sec. 2.95, the Commission shall
issue a certificate of discharge for delivery to the parolee by the
supervision officer.
(d) An order of revocation shall not affect the Commission's
jurisdiction to grant and enforce any further periods of parole, up to
the date of expiration of the offender's maximum term, or upon the
early termination of supervision under Sec. 2.95.
0
7. Section 2.95 is revised to read as follows:
Sec. 2.95 Early termination from supervision.
(a) (1) Upon its own motion or upon request of a parolee, the
Commission may terminate a parolee's supervision, and legal custody
over the parolee, before the sentence expires. (2) The Commission may
terminate supervision of a committed youth offender after the offender
serves one year on supervision. Upon terminating supervision before the
sentence expires, the Commission shall set aside the committed youth
offender's conviction and issue a certificate setting aside the
conviction instead of a certificate of termination.
(b) Two years after releasing a prisoner on supervision, and at
least annually thereafter, the Commission shall review the status of
the parolee to determine the need for continued supervision. The
Commission shall also conduct a status review whenever the supervision
officer recommends early termination of the parolee's supervision.
(c) Five years after releasing a prisoner on supervision, the
Commission shall terminate supervision over the parolee unless the
Commission determines, after a hearing, that such supervision should
not be terminated because there is a likelihood that the parolee will
engage in conduct violating any criminal law. If the Commission does
not terminate supervision under this paragraph, the parolee may request
a hearing annually thereafter, and the Commission shall conduct an
early termination hearing at least every two years.
(d) In calculating the two-year and five-year periods provided in
paragraphs (b) and (c) of this section, the Commission shall not
include any period of parole before the most recent release, or any
period the parolee served in confinement on any other sentence.
(e)(1) In determining whether to grant early termination from
supervision, the Commission shall consider the guidelines of this
paragraph. The guidelines are advisory and the Commission may disregard
the outcome indicated by the guidelines based on case-specific factors.
Termination of supervision is indicated if the parolee:
(A) Has a salient factor score in the very good risk category and
has completed two continuous years of supervision free from an incident
of new criminal behavior or serious parole violation; or
(B) has a salient factor score in a risk category other than very
good and has completed three continuous years of supervision free from
an incident of new criminal behavior or serious parole violation.
(2) As used in this paragraph, the term ``an incident of new
criminal behavior or serious parole violation'' includes a new arrest
or report of a parole violation if supported by substantial evidence of
guilt, even if no conviction or parole revocation results. The
Commission shall not terminate supervision of a parolee until it
determines the disposition of a pending criminal charge.
(3) Case-specific factors that may justify a departure either above
or below the early termination guidelines may relate to the current
behavior of the parolee, or to the parolee's background and criminal
history.
0
8. Section 2.96 is revised to read as follows:
Sec. 2.96 Order of early termination.
When the Commission orders early termination from supervision, the
Commission shall issue a certificate to the parolee granting a full
discharge from the sentence. The termination and discharge shall take
effect only upon the actual delivery of the certificate of discharge to
the parolee by the supervision officer, and may be rescinded for good
cause at any time before such delivery.
0
9. Section 2.97 is amended by revising the first clause of the first
sentence to read as follows:
Sec. 2.97 Withdrawal of order of release.
If, after an order for release from active supervision under former
Sec. 2.95 has been issued by the Commission,
* * * * *
0
10. Section 2.98 is amended in paragraph (e) by removing ``DC Code 24-
406(a)'' and adding in its place ``DC Code 24-406(c).''
0
11. Section 2.100 is amended in paragraph (d)(2) by removing ``DC Code
24-406(a)'' and adding in its place ``DC Code 24-406(c).''
0
12. Section Sec. 2.105 is amended by revising paragraphs (b), (d), and
(e) to read as follows: 2.105 Revocation decisions.
(a) * * *
(b) If parole is revoked under this section, the Commission shall
determine whether immediate reparole is warranted or whether the
parolee should be returned to prison. If the parolee is returned to
prison, the Commission shall also determine whether to set a
presumptive release date pursuant to Sec. 2.81.
(c) * * *
(d)(1) Except as provided in paragraphs (d)(2) and (d)(3), the
[[Page 28606]]
Commission shall grant a revoked parolee credit toward completion of
the sentence for all time served on parole.
(2)(A) The Commission shall forfeit credit for the period of parole
if a parolee is convicted of a crime committed during a period of
parole and that is punishable by a term of imprisonment of more than
one year.
(B) If the crime is punishable by any other term of imprisonment,
the Commission shall forfeit credit for the period of parole unless the
Commission determines that such forfeiture is not necessary to protect
the public welfare. In making this decision, the Commission shall
consider the nature and circumstances of the violation behavior, the
history and characteristics of the offender, including the offender's
supervision history, and other available and relevant information.
(3) If, during the period of parole, a parolee intentionally
refuses or fails to respond to any reasonable request, order, summons,
or warrant of the Commission or any member or agent of the Commission,
the Commission may order that the parolee not receive credit for the
period of time that the Commission determines that the parolee failed
or refused to respond to such a request, order, summons, or warrant.
(4) The provisions of this paragraph shall apply only to any period
of parole that is being served on or after May 20, 2009, and shall not
apply to any period of parole that was revoked before that date.
(e) Notwithstanding paragraphs (a) through (d) of this section,
prisoners committed under the Federal Youth Corrections Act shall not
be subject to forfeiture of time on parole, but shall serve
uninterrupted sentences from the date of conviction except as provided
in Sec. 2.10(b) and (c). DC Code 24-406(c) and paragraphs (a) through
(d) of this section are fully applicable to prisoners serving sentences
under the DC Youth Rehabilitation Act.
* * * * *
0
13. Section Sec. 2.208 is revised to read as follows:
Sec. 2.208 Termination of a term of supervised release.
(a)(1) The Commission may terminate a term of supervised release
and discharge the releasee from supervision after the expiration of one
year of supervised release, if the Commission is satisfied that such
action is warranted by the conduct of the releasee and the interest of
justice.
(2) Upon terminating supervision of a committed youth offender
before the sentence expires, the Commission shall set aside the
committed youth offender's conviction and issue a certificate setting
aside the conviction instead of a certificate of discharge.
(b) Two years after a prisoner is released on supervision, and at
least annually thereafter, the Commission shall review the status of
the releasee to determine the need for continued supervision. The
Commission shall also conduct a status review whenever the supervision
officer recommends termination of the supervised release term. If the
term of supervised release imposed by the court is two years or less,
the Commission shall consider termination of supervision only if
recommended by the releasee's supervision officer.
(c) In calculating the two-year period provided in paragraph (b) of
this section, the Commission shall not include any period of release
before the most recent release, or any period served in confinement on
any other sentence.
(d) (1) In deciding whether to terminate supervised release, the
Commission shall consider the guidelines of this paragraph. The
guidelines are advisory and the Commission may disregard the outcome
indicated by the guidelines based on case specific factors. Termination
of supervision is indicated if the releasee:
(A) Has a salient factor score in the very good risk category and
has completed two continuous years of supervision free from an incident
of new criminal behavior or serious release violation; or
(B) Has a salient factor score in a risk category other than very
good and has completed three continuous years of supervision free from
an incident of new criminal behavior or serious release violation.
(2) As used in this paragraph, the term ``an incident of new
criminal behavior or serious release violation'' includes a new arrest
or report of a release violation if supported by substantial evidence
of guilt, even if no conviction or release revocation results. The
Commission shall not terminate supervision of a releasee until it
determines the disposition of a pending criminal charge.
(3) Case-specific factors that may justify a departure either above
or below the early termination guidelines may relate to the current
behavior of the releasee, or to the releasee's background and criminal
history.
Dated: June 8, 2009.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. E9-14157 Filed 6-16-09; 8:45 am]
BILLING CODE 4410-31-M
