Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes, 11998-12002 [2013-03942]

Download as PDF 11998 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR Part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012 is amended as follows: ■ Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ANM CO E5 Pueblo, CO [Modified] Pueblo Memorial Airport, CO (Lat. 38°17′21″ N., long. 104°29′47″ W.) That airspace extending upward from 700 feet above the surface within 21.8-mile radius of the Pueblo Memorial Airport, and within the 28.8-mile radius of Pueblo Memorial Airport clockwise between the 070° and 133° bearing of the airport; that airspace extending upward from 1,200 feet above the surface within a 60-mile radius of Pueblo Memorial Airport. Paragraph 5000 Class D airspace. Issued in Seattle, Washington, on February 1, 2013. Clark Desing, Manager, Operations Support Group, Western Service Center. * * [FR Doc. 2013–03982 Filed 2–20–13; 8:45 am] * * * BILLING CODE 4910–13–P ANM CO D Pueblo, CO [Modified] Pueblo Memorial Airport, CO (Lat. 38°17′21″ N., long. 104°29′47″ W.) That airspace extending upward from the surface to and including 7,200 feet MSL within a 5.6-mile radius of the Pueblo Memorial Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6002 Class E airspace designated as surface areas. * * * * * ANM CO E2 Pueblo, CO [Modified] Pueblo Memorial Airport, CO (Lat. 38°17′21″ N., long. 104°29′47″ W.) Within a 5.6-mile radius of the Pueblo Memorial Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6004 Class E airspace areas designated as an extension to a Class D surface area. erowe on DSK2VPTVN1PROD with PROPOSALS-1 * * * * * ANM CO E4 Pueblo, CO [Modified] Pueblo Memorial Airport, CO (Lat. 38°17′21″ N., long. 104°29′47″ W.) That airspace extending upward from the surface within 1.8 miles each side of the Pueblo Memorial Airport 269° bearing extending from the 5.6-mile radius of the airport to 7 miles west of the airport, and within 3.5 miles each side of the Pueblo Memorial Airport 080° bearing extending from the 5.6-mile radius of the airport to 11.4 miles east of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 DEPARTMENT OF JUSTICE Parole Commission 28 CFR Part 2 [Docket No. USPC–2013–01] Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes United States Parole Commission, Justice. ACTION: Notice of proposed rulemaking. AGENCY: The United States Parole Commission proposes to revise its rules describing the conditions of release set for persons on supervision. The revision is part of our ongoing effort to make our rules easier to understand for those persons affected by the rules and other interested persons and organizations. We also propose to add new procedures for imposing special conditions for sex offenders, and to fill a gap left by an earlier rule change in 2003 regarding the administrative appeals that may be filed by District of Columbia offenders on supervised release. DATES: Submit comments on or before April 22, 2013. ADDRESSES: Submit your comments, identified by docket identification number USPC–2013–01 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, attention: SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 USPC Rules Group, 90 K Street, NE., Washington, DC 20530. 3. Fax: (202) 357–1083. FOR FURTHER INFORMATION CONTACT: Office of the General Counsel, U.S. Parole Commission, 90 K Street, NE., Washington, DC 20530, telephone (202) 346–7030. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. SUPPLEMENTARY INFORMATION: The Parole Commission is responsible for paroling those federal and District of Columbia offenders serving parole-eligible sentences and for monitoring the supervision of paroled offenders and DC offenders whose sentences require supervised release after serving their prison terms. We impose conditions of release for parolees and releasees pursuant to the authority granted by statutory law. For federal parolees, that authority is found at 18 U.S.C. 4209. For District of Columbia parolees, we are required to comply with the parole laws of the District of Columbia (DC Code 24–131(c)), and the parole law at DC Code 24–404(a) states that the Commission may parole a prisoner ‘‘upon such terms and conditions as the Commission shall from time to time prescribe.’’ For District of Columbia offenders on supervised release, our authority to impose release conditions is derived from both DC and federal law. DC Code 24–403.01(b)(6) (referencing 18 U.S.C. 3583(d)–(i)). Through the conditions of release we provide guides for the offender’s conduct while under supervision. Some conditions are required by law. We impose other conditions based on policy determinations using the criteria set by the statutes cited above. We impose and enforce the release conditions primarily to protect the public from a recurrence of criminal activity by the offender and to encourage the offender’s successful re-entry into the community. The conditions are listed on a certificate of release given to the offender at the outset of the supervision term. If we change the conditions of release while the offender is on parole or supervised release, we advise the offender of the new condition by a notice of action. The offender’s supervision officer is responsible for the day-to-day implementation of the release conditions. If the offender violates the release conditions, the consequences may range from an informal reprimand from the supervision officer to the offender’s return to prison through the revocation process. Given the serious consequences that may follow from a violation of release conditions and the E:\FR\FM\21FEP1.SGM 21FEP1 erowe on DSK2VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules societal benefit from the offender’s successful re-entry into the community, release conditions should give clear directions to the offender of the rules he must follow under supervision. On the other hand, the offender has the responsibility of asking for guidance from his supervision officer when the offender has questions concerning the application of a particular condition to his conduct. The conditions of release may be divided into three broad categories: (1) Conditions that facilitate the monitoring and supervision of the offender; (2) conditions that prohibit certain activities; and (3) conditions that are intended to assist the offender in reintegrating into the community and acting as a law-abiding citizen. Conditions on periodic reporting by the offender to the supervision officer and the reporting of a change of residence or employment fall into the first category. The second category includes warnings not to engage in criminal activity, use illegal drugs or possess a weapon. Examples of conditions in the third category are conditions that the offender must participate in a domestic violence prevention program, work regularly if able to do so and pay any court-ordered financial obligations. These general conditions of release all meet the requirements of statutory law that the conditions must be reasonably related to the offender’s crime or personal history and characteristics, or the need to safeguard the public welfare. In addition to these general conditions of release, we frequently impose one or more special conditions that again must be consistent with our statutory authority. Such a special condition may be a requirement to temporarily reside in a community corrections center, a restriction from certain employment or a requirement that the offender participate in substance abuse treatment. In imposing a special condition for a DC supervised releasee, we must consider whether the condition poses no greater deprivation of liberty than is reasonably necessary to satisfy the goals of deterrence, protection of the public and offender rehabilitation. Though this same requirement is not present for setting a special condition of release for parolees, we acknowledge that this analysis is beneficial for these offenders as well. We may impose a special condition of release before the offender’s release from custody or sometime thereafter. In some cases, a change of circumstances or a deterioration of the offender’s progress under supervision calls for a modification of release conditions during the supervision period. Unless VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 an immediate implementation of the new condition is required to protect the public or assist the offender, the offender has a 10-day period to object in writing to a special condition requested by the supervision officer and we will postpone implementation of the condition until we consider the objections. In the proposed rules, we provide additional procedures when we are considering special conditions of release for some sex offenders on parole or supervised release. For an offender convicted of a sex offense, we may impose a special condition for sex offender evaluation and treatment after using the notice and 10-day comment period noted above. If the person has not been convicted of a sex offense and there is information that indicates an evaluation for sex offender treatment is reasonably necessary to protect the public, deter the offender from further crimes or give the offender appropriate care, we may first impose a special condition for sex offender evaluation after using the notice and 10-day comment period procedure. Following the evaluation, if we determine that sex offender treatment may be necessary and the offender objects to the proposed treatment, we will conduct a hearing for the offender to review the need for sex offender treatment. At the hearing, the offender will have the right to counsel, the opportunity to testify and present witnesses and evidence, and, in some cases, the right to confront and crossexamine a person who has given information regarding the proposed imposition of the treatment condition. We will determine whether the opportunity for confrontation and crossexamination should be granted to the offender on a case-by-case basis. In every case, we will expect that the supervision officer who requests the special condition on sex offender treatment, or an appropriate substitute officer, will be present at the hearing for possible questioning. After the hearing, we will make written findings concerning the decision on imposing the treatment condition. There may be other circumstances in which we may follow the same hearing procedure if we intend to impose a particular condition of release for a sex offender. The proposed rules provide that any offender—whether on parole or supervised release, or serving a DC Code or U.S. Code sentence—has the right to appeal the modification of release conditions to the Commission within 30 days of the notice of action, with the limits set out in the proposed rules (i.e., appeal is not available if the offender accepted an expedited revocation offer PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 11999 or asked for the modified conditions). The proposed rules thereby expand the availability of an administrative appeal to DC parolees regarding post-release modifications of release conditions. The opportunity for this appeal is not required by statutory law. We are limiting the availability of the appeal for D.C parolees to post-release modifications so that we do not invite more appeals than the Commission can reasonably process. For a DC offender on supervised release, the proposed rules clarify that the supervised releasee has the procedural right of appeal that is guaranteed by DC Code 24– 403.01(b)(6)(A) for imposing or modifying release conditions. This procedural right for a DC supervised releasee was not addressed in our last rulemaking on release conditions in 2003. 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 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 E:\FR\FM\21FEP1.SGM 21FEP1 12000 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules 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 Proposed Rules Accordingly, the U. S. Parole Commission proposes to adopt the following amendment to 28 CFR Part 2. PART 2—[AMENDED] § 2.204 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 § 2.40 paragraph (b)(1) to read as follows: ■ § 2.40 Conditions of Release. * * * * * (b) Special conditions of release. (1) The Commission may impose a condition other than a condition described in § 2.204(a)(3)–(6) if it decides that the condition is reasonably related to: the nature and circumstances of the offense and the releasee’s history and characteristics; or the need to deter the releasee from criminal conduct; or the need to protect the public from further crimes; or the need to provide the releasee with training or correctional treatment or medical care. In choosing a condition the Commission will also consider whether the condition involves no greater deprivation of liberty than is reasonably necessary for the purposes of deterrence of criminal conduct, protection of the public from crime and offender rehabilitation. * * * * * ■ 3. Revise § 2.85 paragraphs (b) and (c) to read as follows: § 2.85 Conditions of release. erowe on DSK2VPTVN1PROD with PROPOSALS-1 * * * * * (b) Special conditions of release. The Commission may impose a condition other than a condition described in § 2.204(a)(3)–( 6) if it decides that the condition is reasonably related to: the nature and circumstances of the offense and the releasee’s history and characteristics; or the need to deter the releasee from criminal conduct; or the need to protect the public from further crimes; or the need to provide the releasee with training or correctional VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 treatment or medical care. In choosing a condition the Commission will also consider whether the condition involves no greater deprivation of liberty than is reasonably necessary for the purposes of deterrence of criminal conduct, protection of the public from crime and offender rehabilitation. (c) Changing conditions of release. The provisions of § 2.204(c) apply to post-release modifications in release conditions, including an appeal under the procedures of § 2.26. Appeal is not available for the original imposition of conditions upon parole release. An appeal of a modification of release conditions as part of a revocation decision is governed by § 2.105(g). * * * * * ■ 4. Revise § 2.204 to read as follows: Conditions of supervised release. (a)(1) General conditions of release and notice by certificate of release. All persons on supervision and under our jurisdiction must follow the conditions of release described in paragraphs (a) (3)–( 6) of this section. These conditions are necessary to satisfy the purposes of release conditions stated in 18 U.S.C. 3583(d) and 3553(a). Your certificate of release informs you of these conditions and other special conditions that we have imposed for your supervision. (2) Refusing to sign the certificate of release does not excuse compliance. If you refuse to sign the certificate of release, you must still follow the conditions listed in the certificate. (3) Report your arrival. After you are released from custody, you must go directly to the district named in the certificate. You must appear in person at the supervision office and report your home address to the supervision officer. If you cannot appear in person at that office within 72 hours of your release because of an emergency, you must report to the nearest CSOSA or U.S. probation office and obey the instructions given by the duty officer. If you were initially released to the custody of another authority, you must follow the procedures described in this paragraph after you are released from the custody of the other authority. (4) Provide information to and cooperate with the supervision officer. (i) Written reports. Between the first and third day of each month, you must make a written report to the supervision officer on a form provided to you. You must also report to the supervision officer as that officer directs. You must answer the supervision officer completely and truthfully when the officer asks you for information. (ii) Promptly inform the supervision officer of an arrest or questioning, or a PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 change in your job or address. Within two days of your arrest or questioning by a law-enforcement officer, you must inform your supervision officer of the contact with the law-enforcement officer. You must also inform your supervision officer of a change in your employment or address within two days of the change. (iii) Allow visits of the supervision officer. You must allow the supervision officer to visit your home and workplace. (iv) Allow seizure of prohibited items. You must allow the supervision officer to seize any item that the officer reasonably believes is an item you are prohibited from possessing (for example, an illegal drug or a weapon), and that is in plain view in your possession, including in your home, workplace or vehicle. (v) Take drug or alcohol tests. You must take a drug or alcohol test whenever your supervision officer orders you to take the test. (5) Prohibited conduct. (i) Do not violate any law. You must not violate any law and must not associate with any person who is violating any law. (ii) Do not possess a firearm or dangerous weapon. You must not possess a firearm or other dangerous weapon or ammunition. (iii) Do not illegally possess or use a controlled substance or drink alcohol to excess. You must not illegally possess or use a controlled substance and you must not drink alcoholic beverages to excess. You must stay away from a place where a controlled substance is illegally sold, used or given away. (iv) Do not leave the district of supervision without permission. You must not leave the district of supervision without the written permission of your supervision officer. (v) Do not associate with a person with a criminal record. You must not associate with a person who has a criminal record without the permission of your supervision officer. (vi) Do not act as an informant. You must not agree to act as an informant for any law-enforcement officer without the prior approval of the Commission. (6) Additional conditions. (i) Work. You must make a good faith effort to work regularly, unless excused by your supervision officer. You must support your children and any legal dependent. You must participate in an employmentreadiness program if your supervision officer directs you to do so. (ii) Pay court-ordered obligations. You must make a good faith effort to pay any fine, restitution order, court costs or assessment or court-ordered child support or alimony payment. You must E:\FR\FM\21FEP1.SGM 21FEP1 erowe on DSK2VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules provide financial information relevant to the payment of such a financial obligation when your supervision officer asks for such information. You must cooperate with your supervision officer in setting up an installment plan to pay the obligation. (iii) Participate in a program for preventing domestic violence. If the term of supervision results from your conviction for a domestic violence crime, and such conviction is your first conviction for such a crime, you must attend, as directed by your supervision officer, an approved offenderrehabilitation program for the prevention of domestic violence if such a program is readily available within 50 miles of your home. (iv) Register if you are covered by a special offender registration law. You must comply with any applicable special offender registration law, for example, a law that requires you to register as a sex-offender or a gunoffender. (v) Provide a DNA sample. You must provide a DNA sample, as directed by your supervision officer, if collection of such sample is authorized by the DNA Analysis Backlog Elimination Act of 2000. (vi) Comply with a graduated sanction. If you are supervised by CSOSA, you must comply with the sanction(s) imposed by the supervision officer and as established by an approved schedule of graduated sanctions. We may decide to begin revocation proceedings for you even if the supervision officer has earlier imposed a graduated sanction for your alleged violation of a release condition. (vii) Inform another person of your criminal record or personal history as directed by the supervision officer. You must inform a person of your criminal record or personal history if your supervision officer determines that your relationship or contact with this person may pose a risk of harm to this person. The supervision officer may direct you to give this notice and then confirm with the person that you obeyed the officer’s direction. The supervision officer may also give the notice directly to the person. (b)(1) Special conditions of release. We may impose a condition of release other than a condition described in paragraphs (a)(3)–(6) of this section if we determine that imposing the condition is reasonably related to: the nature and circumstances of your offense and your history and characteristics; or the need to deter you from criminal conduct; or the need to protect the public from further crimes; or the need to provide you with training VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 or correctional treatment or medical care. In choosing a condition we will also consider whether the condition involves no greater deprivation of liberty than is reasonably necessary for the purposes of deterrence of criminal conduct, protection of the public from crime and offender rehabilitation. (2) The following are examples of special conditions that we may impose— (i) That you reside in and/or participate in a program of a community corrections center for all or part of the period of supervision; (ii) That you participate in a drug- or alcohol-treatment program, and not use alcohol and other intoxicants at any time; (iii) That you remain at home during hours you are not working or going to school, and have your compliance with this condition checked by telephone or an electronic signaling device; and (iv) That you permit a supervision officer to conduct a search of your person, or of any building, vehicle or other area under your control, at such time as that supervision officer decides, and to seize any prohibited items the officer, or a person assisting the officer, may find. (3) If we require your participation in a drug-treatment program, you must submit to a drug test within 15 days of your release and to at least two other drug tests, as determined by your supervision officer. If we decide not to impose the special condition on drugtreatment, because available information indicates you are a low risk for substance abuse, this decision constitutes good cause for suspending the drug testing requirements of 18 U.S.C. 3583(d). (c)(1) Changing conditions of release. We may at any time change or add to the conditions of release if we decide that such action is consistent with the criteria described in paragraph (b)(1) of this section. (2) Objecting to the proposed change. If we impose a special condition for you upon your release, you may appeal the imposition of the special condition as provided in § 2.220 within 30 days of the date on the notice of action. If we propose to change your conditions after your release, we will notify you of the proposed change, the reason for the proposed change and give you 10 days from your receipt of the notice to comment on the proposed change. You can waive the 10-day comment period and agree to the proposed change. You are not entitled to the notice and 10-day comment period if: (i) You ask for the change; (ii) we make the change as part of a revocation hearing or an expedited PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 12001 revocation decision; or (iii) we find that the change must be made immediately to prevent harm to you or another person. We will make a decision on the proposed change within 21 days (excluding holidays) after the 10-day comment period ends, and notify you in writing of the decision. (3) Appeal of a change in conditions made after release. You may appeal the change in your conditons as provided in § 2.220 and under the procedures of § 2.26, unless you asked for the change or we make the change as part of an expedited revocation decision. (d)(1) Imposing special conditions for a sex offender. If your criminal record includes a conviction for a sex offense, we may impose a special condition that you undergo an evaluation for sex offender treatment, and participate in a sex offender treatment program as directed by your supervision officer. We will impose the sex offender evaluation and treatment conditions using the procedures described in paragraph (c) of this section. For purposes of applying the procedures described in this section, we use the definitions of ‘‘sex offense’’ and ‘‘convicted’’ listed at 42 U.S.C. 16911(5) and (8). (2) (i) If your criminal record does not include a conviction for a sex offense, we may decide that your current behavior or your personal history shows that you should be evaluated for sex offender treatment. In this case, we may impose a special condition requiring an evaluation for sex offender treatment using the procedures described in paragraph (c) of this section. (ii) At the conclusion of the evaluation, if sex offender treatment appears warranted and you object to such treatment, we will conduct a hearing to consider whether you should be required to participate in sex offender treatment. You will be given notice of the date and time of the hearing and the subject of the hearing, disclosure of the information supporting the proposed action, the opportunity to testify concerning the proposed action and to present evidence and the testimony of witnesses, the opportunity to be represented by retained or appointed counsel and written findings regarding the decision. You will have the opportunity to confront and crossexamine persons who have given information that is relied on for the proposed action, if you ask that these witnesses appear at the hearing, unless we find good cause for excusing the appearance of the witness. (iii) A hearing is not required if we impose the sex offender treatment condition at your request, as part of a revocation hearing or an expedited E:\FR\FM\21FEP1.SGM 21FEP1 erowe on DSK2VPTVN1PROD with PROPOSALS-1 12002 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules revocation decision, or if a hearing on the need for sex offender treatment (including a revocation hearing) was conducted within 24 months of the request for the special condition. (iv) In most cases we expect that a hearing conducted under this paragraph will be held in person with you, especially if you are supervised in the District of Columbia. But we may conduct the hearing by videoconference. (v) You may appeal the imposition of a special condition requiring sex offender treatment as provided in § 2.220 unless you asked for the change or we make the change as part of an expedited revocation decision. (3) Whether your criminal record includes a conviction for a sex offense or not, if we propose to impose other restrictions on your activities, we will use either the notice and comment procedures of paragraph (c) or the hearing procedures of this paragraph, depending on a case-by-case evaluation of the releasee’s interest and the public interest. (e) Application of release conditions to an absconder. If you abscond from and evade supervision, you will stop the running of your supervised release term as of the date of your absconding and you will prevent the expiration of your supervised release term. But you will still be bound by the conditions of release while you are an absconder, even after the original expiration date of your supervised release term. We may revoke the term of supervised release for a violation of a release condition that you commit before the revised expiration date of the supervised release term (the original expiration date plus the time you were an absconder). (f) Revocation for certain violations of release conditions. If we find after a revocation hearing that you have illegally possessed a controlled substance, refused to comply with drug testing, possessed a firearm or tested positive for illegal controlled substances more than three times during one year, we must revoke the term of supervised release and impose a prison term as provided at § 2.218. When considering mandatory revocation for repeatedly failing a drug test, we must consider appropriate alternatives to incarceration. (g) Supervision officer guidance. We expect you to understand the conditions of release according to the plain meaning of the conditions. You should ask for guidance from your supervision officer if there are conditions you do not understand and before you take actions that may risk violation of your release conditions. The supervision officer may instruct you to refrain from particular VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 conduct, or to take specific actions or to correct an existing violation of a release condition. If the supervision officer directs you to report on your compliance with an officer’s instruction and you fail to do so, we may consider that your failure is itself a release violation. (h) Definitions. As used in this section, the term— (1) Supervision officer means a community supervision officer of the District of Columbia Court Services and Offender Supervision Agency or a United States probation officer; (2) Domestic violence crime has the meaning given that term by 18 U.S.C. 3561, except that the term ‘‘court of the United States’’ as used in that definition shall be deemed to include the Superior Court of the District of Columbia; (3) Approved offender-rehabilitation program means a program that has been approved by CSOSA (or the United States Probation Office) in consultation with a State Coalition Against Domestic Violence or other appropriate experts; (4) Certificate of release means the certificate of supervised release delivered to the release under § 2.203; and (5) Firearm has the meaning given by 18 U.S.C. 921. (6) Sex offense means any ‘‘registration offense’’ as that term is defined at DC Code 22–4001(8) and any ‘‘sex offense’’ as that term is defined at 42 U.S.C. 16911(5). ■ 5. Revise the first sentence of § 2.220 to read as follows: § 2.220 Appeal. A supervised releasee may appeal a decision to revoke supervised release, impose a term of imprisonment or a new term of supervised release after revocation, or impose or modify a condition of supervised release. * * * Isaac Fulwood, Chairman, U.S. Parole Commission. [FR Doc. 2013–03942 Filed 2–20–13; 8:45 am] BILLING CODE 4410–31–P DEPARTMENT OF EDUCATION 34 CFR Chapter III Proposed Priority—National Institute on Disability and Rehabilitation Research—Rehabilitation Research and Training Centers [CFDA Number: 84.133B–7] Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Proposed priority. AGENCY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority for the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for an RRTC on Disability Statistics and Demographics. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend the priority to contribute to improved outcomes in these areas for individuals with disabilities. SUMMARY: We must receive your comments on or before March 25, 2013. ADDRESSES: Address all comments about this notice to Marlene Spencer, U.S. Department of Education, 400 Maryland Avenue SW., room 5133, Potomac Center Plaza (PCP), Washington, DC 20202–2700. If you prefer to send your comments by email, use the following address: marlene.spencer@ed.gov. You must include the phrase ‘‘Proposed Priority for a RRTC on Disability Statistics and Demographics’’ in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245– 7532 or by email: marlene.spencer@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. DATES: SUPPLEMENTARY INFORMATION: This notice of proposed priority is in concert with NIDRR’s currently approved Long-Range Plan (Plan). The Plan, which was published in the Federal Register on February 15, 2006 (71 FR 8165), can be accessed on the Internet at the following site: www.ed.gov/about/offices/list/osers/ nidrr/policy.html. Through the implementation of the Plan, NIDRR seeks to: (1) Improve the quality and utility of disability and rehabilitation research; (2) foster an exchange of expertise, information, and training methods to facilitate the advancement of knowledge and understanding of the unique needs of traditionally underserved populations; (3) determine best strategies and programs to improve rehabilitation outcomes for underserved populations; (4) identify research gaps; (5) identify mechanisms for integrating research and practice; and (6) disseminate findings. E:\FR\FM\21FEP1.SGM 21FEP1

Agencies

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Proposed Rules]
[Pages 11998-12002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03942]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2013-01]


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: Notice of proposed rulemaking.

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SUMMARY: The United States Parole Commission proposes to revise its 
rules describing the conditions of release set for persons on 
supervision. The revision is part of our ongoing effort to make our 
rules easier to understand for those persons affected by the rules and 
other interested persons and organizations. We also propose to add new 
procedures for imposing special conditions for sex offenders, and to 
fill a gap left by an earlier rule change in 2003 regarding the 
administrative appeals that may be filed by District of Columbia 
offenders on supervised release.

DATES: Submit comments on or before April 22, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2013-01 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, 
attention: USPC Rules Group, 90 K Street, NE., Washington, DC 20530.
    3. Fax: (202) 357-1083.

FOR FURTHER INFORMATION CONTACT: Office of the General Counsel, U.S. 
Parole Commission, 90 K Street, NE., Washington, DC 20530, telephone 
(202) 346-7030. Questions about this publication are welcome, but 
inquiries concerning individual cases cannot be answered over the 
telephone.

SUPPLEMENTARY INFORMATION: The Parole Commission is responsible for 
paroling those federal and District of Columbia offenders serving 
parole-eligible sentences and for monitoring the supervision of paroled 
offenders and DC offenders whose sentences require supervised release 
after serving their prison terms. We impose conditions of release for 
parolees and releasees pursuant to the authority granted by statutory 
law. For federal parolees, that authority is found at 18 U.S.C. 4209. 
For District of Columbia parolees, we are required to comply with the 
parole laws of the District of Columbia (DC Code 24-131(c)), and the 
parole law at DC Code 24-404(a) states that the Commission may parole a 
prisoner ``upon such terms and conditions as the Commission shall from 
time to time prescribe.'' For District of Columbia offenders on 
supervised release, our authority to impose release conditions is 
derived from both DC and federal law. DC Code 24-403.01(b)(6) 
(referencing 18 U.S.C. 3583(d)-(i)).
    Through the conditions of release we provide guides for the 
offender's conduct while under supervision. Some conditions are 
required by law. We impose other conditions based on policy 
determinations using the criteria set by the statutes cited above. We 
impose and enforce the release conditions primarily to protect the 
public from a recurrence of criminal activity by the offender and to 
encourage the offender's successful re-entry into the community. The 
conditions are listed on a certificate of release given to the offender 
at the outset of the supervision term. If we change the conditions of 
release while the offender is on parole or supervised release, we 
advise the offender of the new condition by a notice of action. The 
offender's supervision officer is responsible for the day-to-day 
implementation of the release conditions. If the offender violates the 
release conditions, the consequences may range from an informal 
reprimand from the supervision officer to the offender's return to 
prison through the revocation process. Given the serious consequences 
that may follow from a violation of release conditions and the

[[Page 11999]]

societal benefit from the offender's successful re-entry into the 
community, release conditions should give clear directions to the 
offender of the rules he must follow under supervision. On the other 
hand, the offender has the responsibility of asking for guidance from 
his supervision officer when the offender has questions concerning the 
application of a particular condition to his conduct.
    The conditions of release may be divided into three broad 
categories: (1) Conditions that facilitate the monitoring and 
supervision of the offender; (2) conditions that prohibit certain 
activities; and (3) conditions that are intended to assist the offender 
in reintegrating into the community and acting as a law-abiding 
citizen. Conditions on periodic reporting by the offender to the 
supervision officer and the reporting of a change of residence or 
employment fall into the first category. The second category includes 
warnings not to engage in criminal activity, use illegal drugs or 
possess a weapon. Examples of conditions in the third category are 
conditions that the offender must participate in a domestic violence 
prevention program, work regularly if able to do so and pay any court-
ordered financial obligations. These general conditions of release all 
meet the requirements of statutory law that the conditions must be 
reasonably related to the offender's crime or personal history and 
characteristics, or the need to safeguard the public welfare. In 
addition to these general conditions of release, we frequently impose 
one or more special conditions that again must be consistent with our 
statutory authority. Such a special condition may be a requirement to 
temporarily reside in a community corrections center, a restriction 
from certain employment or a requirement that the offender participate 
in substance abuse treatment. In imposing a special condition for a DC 
supervised releasee, we must consider whether the condition poses no 
greater deprivation of liberty than is reasonably necessary to satisfy 
the goals of deterrence, protection of the public and offender 
rehabilitation. Though this same requirement is not present for setting 
a special condition of release for parolees, we acknowledge that this 
analysis is beneficial for these offenders as well.
    We may impose a special condition of release before the offender's 
release from custody or sometime thereafter. In some cases, a change of 
circumstances or a deterioration of the offender's progress under 
supervision calls for a modification of release conditions during the 
supervision period. Unless an immediate implementation of the new 
condition is required to protect the public or assist the offender, the 
offender has a 10-day period to object in writing to a special 
condition requested by the supervision officer and we will postpone 
implementation of the condition until we consider the objections. In 
the proposed rules, we provide additional procedures when we are 
considering special conditions of release for some sex offenders on 
parole or supervised release. For an offender convicted of a sex 
offense, we may impose a special condition for sex offender evaluation 
and treatment after using the notice and 10-day comment period noted 
above. If the person has not been convicted of a sex offense and there 
is information that indicates an evaluation for sex offender treatment 
is reasonably necessary to protect the public, deter the offender from 
further crimes or give the offender appropriate care, we may first 
impose a special condition for sex offender evaluation after using the 
notice and 10-day comment period procedure. Following the evaluation, 
if we determine that sex offender treatment may be necessary and the 
offender objects to the proposed treatment, we will conduct a hearing 
for the offender to review the need for sex offender treatment. At the 
hearing, the offender will have the right to counsel, the opportunity 
to testify and present witnesses and evidence, and, in some cases, the 
right to confront and cross-examine a person who has given information 
regarding the proposed imposition of the treatment condition. We will 
determine whether the opportunity for confrontation and cross-
examination should be granted to the offender on a case-by-case basis. 
In every case, we will expect that the supervision officer who requests 
the special condition on sex offender treatment, or an appropriate 
substitute officer, will be present at the hearing for possible 
questioning. After the hearing, we will make written findings 
concerning the decision on imposing the treatment condition. There may 
be other circumstances in which we may follow the same hearing 
procedure if we intend to impose a particular condition of release for 
a sex offender.
    The proposed rules provide that any offender--whether on parole or 
supervised release, or serving a DC Code or U.S. Code sentence--has the 
right to appeal the modification of release conditions to the 
Commission within 30 days of the notice of action, with the limits set 
out in the proposed rules (i.e., appeal is not available if the 
offender accepted an expedited revocation offer or asked for the 
modified conditions). The proposed rules thereby expand the 
availability of an administrative appeal to DC parolees regarding post-
release modifications of release conditions. The opportunity for this 
appeal is not required by statutory law. We are limiting the 
availability of the appeal for D.C parolees to post-release 
modifications so that we do not invite more appeals than the Commission 
can reasonably process. For a DC offender on supervised release, the 
proposed rules clarify that the supervised releasee has the procedural 
right of appeal that is guaranteed by DC Code 24-403.01(b)(6)(A) for 
imposing or modifying release conditions. This procedural right for a 
DC supervised releasee was not addressed in our last rulemaking on 
release conditions in 2003.

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 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

[[Page 12000]]

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 Proposed Rules

    Accordingly, the U. S. Parole Commission proposes to adopt 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)(1) and 4204(a)(6).

0
2. Revise Sec.  2.40 paragraph (b)(1) to read as follows:


Sec.  2.40  Conditions of Release.

* * * * *
    (b) Special conditions of release. (1) The Commission may impose a 
condition other than a condition described in Sec.  2.204(a)(3)-(6) if 
it decides that the condition is reasonably related to: the nature and 
circumstances of the offense and the releasee's history and 
characteristics; or the need to deter the releasee from criminal 
conduct; or the need to protect the public from further crimes; or the 
need to provide the releasee with training or correctional treatment or 
medical care. In choosing a condition the Commission will also consider 
whether the condition involves no greater deprivation of liberty than 
is reasonably necessary for the purposes of deterrence of criminal 
conduct, protection of the public from crime and offender 
rehabilitation.
* * * * *
0
3. Revise Sec.  2.85 paragraphs (b) and (c) to read as follows:


Sec.  2.85  Conditions of release.

* * * * *
    (b) Special conditions of release. The Commission may impose a 
condition other than a condition described in Sec.  2.204(a)(3)-( 6) if 
it decides that the condition is reasonably related to: the nature and 
circumstances of the offense and the releasee's history and 
characteristics; or the need to deter the releasee from criminal 
conduct; or the need to protect the public from further crimes; or the 
need to provide the releasee with training or correctional treatment or 
medical care. In choosing a condition the Commission will also consider 
whether the condition involves no greater deprivation of liberty than 
is reasonably necessary for the purposes of deterrence of criminal 
conduct, protection of the public from crime and offender 
rehabilitation.
    (c) Changing conditions of release. The provisions of Sec.  
2.204(c) apply to post-release modifications in release conditions, 
including an appeal under the procedures of Sec.  2.26. Appeal is not 
available for the original imposition of conditions upon parole 
release. An appeal of a modification of release conditions as part of a 
revocation decision is governed by Sec.  2.105(g).
* * * * *
0
4. Revise Sec.  2.204 to read as follows:


Sec.  2.204  Conditions of supervised release.

    (a)(1) General conditions of release and notice by certificate of 
release. All persons on supervision and under our jurisdiction must 
follow the conditions of release described in paragraphs (a) (3)-( 6) 
of this section. These conditions are necessary to satisfy the purposes 
of release conditions stated in 18 U.S.C. 3583(d) and 3553(a). Your 
certificate of release informs you of these conditions and other 
special conditions that we have imposed for your supervision.
    (2) Refusing to sign the certificate of release does not excuse 
compliance. If you refuse to sign the certificate of release, you must 
still follow the conditions listed in the certificate.
    (3) Report your arrival. After you are released from custody, you 
must go directly to the district named in the certificate. You must 
appear in person at the supervision office and report your home address 
to the supervision officer. If you cannot appear in person at that 
office within 72 hours of your release because of an emergency, you 
must report to the nearest CSOSA or U.S. probation office and obey the 
instructions given by the duty officer. If you were initially released 
to the custody of another authority, you must follow the procedures 
described in this paragraph after you are released from the custody of 
the other authority.
    (4) Provide information to and cooperate with the supervision 
officer. (i) Written reports. Between the first and third day of each 
month, you must make a written report to the supervision officer on a 
form provided to you. You must also report to the supervision officer 
as that officer directs. You must answer the supervision officer 
completely and truthfully when the officer asks you for information.
    (ii) Promptly inform the supervision officer of an arrest or 
questioning, or a change in your job or address. Within two days of 
your arrest or questioning by a law-enforcement officer, you must 
inform your supervision officer of the contact with the law-enforcement 
officer. You must also inform your supervision officer of a change in 
your employment or address within two days of the change.
    (iii) Allow visits of the supervision officer. You must allow the 
supervision officer to visit your home and workplace.
    (iv) Allow seizure of prohibited items. You must allow the 
supervision officer to seize any item that the officer reasonably 
believes is an item you are prohibited from possessing (for example, an 
illegal drug or a weapon), and that is in plain view in your 
possession, including in your home, workplace or vehicle.
    (v) Take drug or alcohol tests. You must take a drug or alcohol 
test whenever your supervision officer orders you to take the test.
    (5) Prohibited conduct. (i) Do not violate any law. You must not 
violate any law and must not associate with any person who is violating 
any law.
    (ii) Do not possess a firearm or dangerous weapon. You must not 
possess a firearm or other dangerous weapon or ammunition.
    (iii) Do not illegally possess or use a controlled substance or 
drink alcohol to excess. You must not illegally possess or use a 
controlled substance and you must not drink alcoholic beverages to 
excess. You must stay away from a place where a controlled substance is 
illegally sold, used or given away.
    (iv) Do not leave the district of supervision without permission. 
You must not leave the district of supervision without the written 
permission of your supervision officer.
    (v) Do not associate with a person with a criminal record. You must 
not associate with a person who has a criminal record without the 
permission of your supervision officer.
    (vi) Do not act as an informant. You must not agree to act as an 
informant for any law-enforcement officer without the prior approval of 
the Commission.
    (6) Additional conditions. (i) Work. You must make a good faith 
effort to work regularly, unless excused by your supervision officer. 
You must support your children and any legal dependent. You must 
participate in an employment-readiness program if your supervision 
officer directs you to do so.
    (ii) Pay court-ordered obligations. You must make a good faith 
effort to pay any fine, restitution order, court costs or assessment or 
court-ordered child support or alimony payment. You must

[[Page 12001]]

provide financial information relevant to the payment of such a 
financial obligation when your supervision officer asks for such 
information. You must cooperate with your supervision officer in 
setting up an installment plan to pay the obligation.
    (iii) Participate in a program for preventing domestic violence. If 
the term of supervision results from your conviction for a domestic 
violence crime, and such conviction is your first conviction for such a 
crime, you must attend, as directed by your supervision officer, an 
approved offender-rehabilitation program for the prevention of domestic 
violence if such a program is readily available within 50 miles of your 
home.
    (iv) Register if you are covered by a special offender registration 
law. You must comply with any applicable special offender registration 
law, for example, a law that requires you to register as a sex-offender 
or a gun-offender.
    (v) Provide a DNA sample. You must provide a DNA sample, as 
directed by your supervision officer, if collection of such sample is 
authorized by the DNA Analysis Backlog Elimination Act of 2000.
    (vi) Comply with a graduated sanction. If you are supervised by 
CSOSA, you must comply with the sanction(s) imposed by the supervision 
officer and as established by an approved schedule of graduated 
sanctions. We may decide to begin revocation proceedings for you even 
if the supervision officer has earlier imposed a graduated sanction for 
your alleged violation of a release condition.
    (vii) Inform another person of your criminal record or personal 
history as directed by the supervision officer. You must inform a 
person of your criminal record or personal history if your supervision 
officer determines that your relationship or contact with this person 
may pose a risk of harm to this person. The supervision officer may 
direct you to give this notice and then confirm with the person that 
you obeyed the officer's direction. The supervision officer may also 
give the notice directly to the person.
    (b)(1) Special conditions of release. We may impose a condition of 
release other than a condition described in paragraphs (a)(3)-(6) of 
this section if we determine that imposing the condition is reasonably 
related to: the nature and circumstances of your offense and your 
history and characteristics; or the need to deter you from criminal 
conduct; or the need to protect the public from further crimes; or the 
need to provide you with training or correctional treatment or medical 
care. In choosing a condition we will also consider whether the 
condition involves no greater deprivation of liberty than is reasonably 
necessary for the purposes of deterrence of criminal conduct, 
protection of the public from crime and offender rehabilitation.
    (2) The following are examples of special conditions that we may 
impose--
    (i) That you reside in and/or participate in a program of a 
community corrections center for all or part of the period of 
supervision;
    (ii) That you participate in a drug- or alcohol-treatment program, 
and not use alcohol and other intoxicants at any time;
    (iii) That you remain at home during hours you are not working or 
going to school, and have your compliance with this condition checked 
by telephone or an electronic signaling device; and
    (iv) That you permit a supervision officer to conduct a search of 
your person, or of any building, vehicle or other area under your 
control, at such time as that supervision officer decides, and to seize 
any prohibited items the officer, or a person assisting the officer, 
may find.
    (3) If we require your participation in a drug-treatment program, 
you must submit to a drug test within 15 days of your release and to at 
least two other drug tests, as determined by your supervision officer. 
If we decide not to impose the special condition on drug-treatment, 
because available information indicates you are a low risk for 
substance abuse, this decision constitutes good cause for suspending 
the drug testing requirements of 18 U.S.C. 3583(d).
    (c)(1) Changing conditions of release. We may at any time change or 
add to the conditions of release if we decide that such action is 
consistent with the criteria described in paragraph (b)(1) of this 
section.
    (2) Objecting to the proposed change. If we impose a special 
condition for you upon your release, you may appeal the imposition of 
the special condition as provided in Sec.  2.220 within 30 days of the 
date on the notice of action. If we propose to change your conditions 
after your release, we will notify you of the proposed change, the 
reason for the proposed change and give you 10 days from your receipt 
of the notice to comment on the proposed change. You can waive the 10-
day comment period and agree to the proposed change. You are not 
entitled to the notice and 10-day comment period if: (i) You ask for 
the change; (ii) we make the change as part of a revocation hearing or 
an expedited revocation decision; or (iii) we find that the change must 
be made immediately to prevent harm to you or another person. We will 
make a decision on the proposed change within 21 days (excluding 
holidays) after the 10-day comment period ends, and notify you in 
writing of the decision.
    (3) Appeal of a change in conditions made after release. You may 
appeal the change in your conditons as provided in Sec.  2.220 and 
under the procedures of Sec.  2.26, unless you asked for the change or 
we make the change as part of an expedited revocation decision.
    (d)(1) Imposing special conditions for a sex offender. If your 
criminal record includes a conviction for a sex offense, we may impose 
a special condition that you undergo an evaluation for sex offender 
treatment, and participate in a sex offender treatment program as 
directed by your supervision officer. We will impose the sex offender 
evaluation and treatment conditions using the procedures described in 
paragraph (c) of this section. For purposes of applying the procedures 
described in this section, we use the definitions of ``sex offense'' 
and ``convicted'' listed at 42 U.S.C. 16911(5) and (8).
    (2) (i) If your criminal record does not include a conviction for a 
sex offense, we may decide that your current behavior or your personal 
history shows that you should be evaluated for sex offender treatment. 
In this case, we may impose a special condition requiring an evaluation 
for sex offender treatment using the procedures described in paragraph 
(c) of this section.
    (ii) At the conclusion of the evaluation, if sex offender treatment 
appears warranted and you object to such treatment, we will conduct a 
hearing to consider whether you should be required to participate in 
sex offender treatment. You will be given notice of the date and time 
of the hearing and the subject of the hearing, disclosure of the 
information supporting the proposed action, the opportunity to testify 
concerning the proposed action and to present evidence and the 
testimony of witnesses, the opportunity to be represented by retained 
or appointed counsel and written findings regarding the decision. You 
will have the opportunity to confront and cross-examine persons who 
have given information that is relied on for the proposed action, if 
you ask that these witnesses appear at the hearing, unless we find good 
cause for excusing the appearance of the witness.
    (iii) A hearing is not required if we impose the sex offender 
treatment condition at your request, as part of a revocation hearing or 
an expedited

[[Page 12002]]

revocation decision, or if a hearing on the need for sex offender 
treatment (including a revocation hearing) was conducted within 24 
months of the request for the special condition.
    (iv) In most cases we expect that a hearing conducted under this 
paragraph will be held in person with you, especially if you are 
supervised in the District of Columbia. But we may conduct the hearing 
by videoconference.
    (v) You may appeal the imposition of a special condition requiring 
sex offender treatment as provided in Sec.  2.220 unless you asked for 
the change or we make the change as part of an expedited revocation 
decision.
    (3) Whether your criminal record includes a conviction for a sex 
offense or not, if we propose to impose other restrictions on your 
activities, we will use either the notice and comment procedures of 
paragraph (c) or the hearing procedures of this paragraph, depending on 
a case-by-case evaluation of the releasee's interest and the public 
interest.
    (e) Application of release conditions to an absconder. If you 
abscond from and evade supervision, you will stop the running of your 
supervised release term as of the date of your absconding and you will 
prevent the expiration of your supervised release term. But you will 
still be bound by the conditions of release while you are an absconder, 
even after the original expiration date of your supervised release 
term. We may revoke the term of supervised release for a violation of a 
release condition that you commit before the revised expiration date of 
the supervised release term (the original expiration date plus the time 
you were an absconder).
    (f) Revocation for certain violations of release conditions. If we 
find after a revocation hearing that you have illegally possessed a 
controlled substance, refused to comply with drug testing, possessed a 
firearm or tested positive for illegal controlled substances more than 
three times during one year, we must revoke the term of supervised 
release and impose a prison term as provided at Sec.  2.218. When 
considering mandatory revocation for repeatedly failing a drug test, we 
must consider appropriate alternatives to incarceration.
    (g) Supervision officer guidance. We expect you to understand the 
conditions of release according to the plain meaning of the conditions. 
You should ask for guidance from your supervision officer if there are 
conditions you do not understand and before you take actions that may 
risk violation of your release conditions. The supervision officer may 
instruct you to refrain from particular conduct, or to take specific 
actions or to correct an existing violation of a release condition. If 
the supervision officer directs you to report on your compliance with 
an officer's instruction and you fail to do so, we may consider that 
your failure is itself a release violation.
    (h) Definitions. As used in this section, the term--
    (1) Supervision officer means a community supervision officer of 
the District of Columbia Court Services and Offender Supervision Agency 
or a United States probation officer;
    (2) Domestic violence crime has the meaning given that term by 18 
U.S.C. 3561, except that the term ``court of the United States'' as 
used in that definition shall be deemed to include the Superior Court 
of the District of Columbia;
    (3) Approved offender-rehabilitation program means a program that 
has been approved by CSOSA (or the United States Probation Office) in 
consultation with a State Coalition Against Domestic Violence or other 
appropriate experts;
    (4) Certificate of release means the certificate of supervised 
release delivered to the release under Sec.  2.203; and
    (5) Firearm has the meaning given by 18 U.S.C. 921.
    (6) Sex offense means any ``registration offense'' as that term is 
defined at DC Code 22-4001(8) and any ``sex offense'' as that term is 
defined at 42 U.S.C. 16911(5).
0
5. Revise the first sentence of Sec.  2.220 to read as follows:


Sec.  2.220  Appeal.

    A supervised releasee may appeal a decision to revoke supervised 
release, impose a term of imprisonment or a new term of supervised 
release after revocation, or impose or modify a condition of supervised 
release. * * *

Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2013-03942 Filed 2-20-13; 8:45 am]
BILLING CODE 4410-31-P
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