Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes, 28221-28222 [2010-12023]

Agencies

• Department of Justice
• Parole Commission

[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Proposed Rules]
[Pages 28221-28222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12023]


=======================================================================
-----------------------------------------------------------------------

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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Parole Commission proposes to amend a rule that 
implements its authority under the District of Columbia Youth 
Rehabilitation Act to set aside a conviction for a youth offender. The 
proposed rule specifies the Commission's authority to set aside a youth 
offender's misdemeanor conviction and describes the information the 
Commission examines in making such a determination, given that the 
misdemeanant only served a jail term for the offense without subsequent 
community supervision on parole or supervised release. In addition, the 
rule clarifies the Commission's policy for issuing a set-aside 
certificate for a youth offender who was formerly on supervised release 
and who was not reviewed for the set-aside certificate before the 
offender's sentence expired. The proposed rule adopts the Commission's 
established criteria for conducting set-aside reviews when a youth 
offender's parole term ends before such a review has been held.

DATES: Comments must be received by June 30, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2010-02 by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Mail: Office of the General Counsel, U.S. Parole Commission, 
5550

[[Page 28222]]

Friendship Blvd., Chevy Chase, Maryland 20815.
    3. Fax: (301) 492-5563.

FOR FURTHER INFORMATION CONTACT: Rockne Chickinell, 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: The District of Columbia Youth 
Rehabilitation Act authorizes the Parole Commission to set aside a 
conviction for a deserving youth offender who has been committed under 
the Act. DC Code 24-906. The sentencing judge exercises similar 
authority for a youth offender if the judge sentenced the offender to 
probation. DC Code 24-906(e). Normally, the Commission reviews a youth 
offender's case for issuance of a set-aside certificate after the 
offender has served a period of community supervision on parole or 
supervised release following discharge from the commitment portion of 
the sentence. DC Code 24-906(a), (c), and (d) require the issuance of a 
set-aside certificate if the Commission terminates parole supervision 
or supervised release before the expiration of the committed youth 
offender's sentence. Under 24-906(b), the Commission also has the 
authority to exercise its discretion to set aside a committed youth 
offender's conviction if the youth offender's sentence expires before 
the unconditional discharge of the offender. This situation will 
normally arise when: (1) A youth offender's jail term for a misdemeanor 
conviction expires and the offender is discharged from the custody of 
the DC Department of Corrections without further supervision in the 
community; or (2) a youth offender is unconditionally discharged from 
parole supervision or supervised release and the Commission somehow did 
not review the case for early termination from supervision.
    The Commission's rules presently do not address the agency's 
authority to grant a set-aside certificate to a youth offender who was 
sentenced only to a jail term for a misdemeanor offense, or a youth 
offender formerly on supervised release who was not reviewed for early 
termination from supervision before the supervised release term 
expired. See 28 CFR 2.106 and 2.208. The Commission has been carrying 
out its statutory authority to consider these offenders for set-aside 
certificates even in the absence of a regulation on this function. 
Given the gap in its rules on issuing set-aside certificates for youth 
misdemeanants who have not been on parole or supervised release, the 
Commission is proposing a revision of paragraph (a) in 28 CFR 2.208 to 
include a brief statement of the Commission's authority to issue a set-
aside certificate after the youth offender's sentence expires and the 
information the Commission would consider in granting or denying the 
set-aside certificate. For former supervised releasees, the new rule 
proposes a cross-reference to Sec.  2.106(f)(3), which describes the 
Commission's criteria for issuing a set-aside certificate nunc pro tunc 
for a youth offender who was on parole supervision and who was not 
reviewed for early termination from supervision (and the possible 
issuance of the set-aside certificate) before the expiration of the 
sentence.

Executive Order 12866

    The U.S. Parole Commission has determined that this proposed rule 
does not constitute a significant rule within the meaning of Executive 
Order 12866.

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 the distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications requiring a Federalism 
Assessment.

Regulatory Flexibility Act

    The proposed rule will not have a significant economic impact upon 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b).

Unfunded Mandates Reform Act of 1995

    The rule 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)

    This rule is not a ``major rule'' 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 rule 
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, this is a rule of agency practice or 
procedure that does not substantially affect the rights or obligations 
of non-agency parties, and does 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 Proposed Rule

    Accordingly, the U.S. Parole Commission is proposing the following 
amendment to 28 CFR part 2.

PART 2--[AMENDED]

    1. The authority citation for 28 CFR part 2 continues to read as 
follows:

    Authority:  18 U.S.C. 4203(a)(1) and 4204(a)(6).

    2. Revise Sec.  2.208(a)(2) to read as follows:


Sec.  2.208  Termination of a term of supervised release.

    (a) * * *
    (2) Upon terminating supervision of a committed youth offender 
before the sentence expires, the Commission shall set aside the 
offender's conviction and issue a certificate setting aside the 
conviction instead of a certificate of discharge. The Commission may 
issue a set-aside certificate nunc pro tunc for a youth offender 
previously under supervised release on the sentence and who was not 
considered for early termination from supervision, using the criteria 
stated at Sec.  2.106(f)(3). If the youth offender was sentenced only 
to a term of incarceration without any supervision to follow release, 
the Commission may issue a set-aside certificate after the expiration 
of the sentence. In such cases, the Commission shall determine whether 
to grant the set-aside certificate after considering factors such as 
the offender's crime, criminal history, social and employment history, 
record of institutional conduct, efforts at rehabilitation, and any 
other relevant and available information.
* * * * *

    Dated: May 11, 2010.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010-12023 Filed 5-19-10; 8:45 am]
BILLING CODE 4410-31-P