Compassionate Release, 36485-36488 [2016-13294]
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules
III. Reopening of Comment Period
DEPARTMENT OF JUSTICE
In conjunction with the staff
roundtable on June 10, the Commission
is also reopening the comment period
for specific elements of Regulation AT.
The comment period will be reopened
as of June 10, 2016, and will close on
June 24, 2016. The additional comment
period is intended for public comments
solely on the specific items in the
agenda for the staff roundtable and that
arise during the roundtable. Members of
the public may submit comment letters,
identified by RIN 3038–AD52, by any of
the methods indicated in the ADDRESSES
section of this notice. Each section of a
comment letter should indicate the
roundtable agenda item that such
section addresses.
Please submit comments by only one
method. All comments should be
submitted in English or accompanied by
an English translation. Comments will
be posted as received to https://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that may be exempt from disclosure
under the Freedom of Information Act
(FOIA), a petition for confidential
treatment of the exempt information
may be submitted according to the
procedures established in 17 CFR 145.9.
The Commission reserves the right, but
shall have no obligation, to review,
prescreen, filter, redact, refuse, or
remove any or all of your submission
from https://www.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the rulemaking will be
retained in the public comment file and
will be considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under FOIA.
Bureau of Prisons
Issued in Washington, DC, on June 2, 2016,
by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
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BILLING CODE 6351–01–P
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28 CFR Part 571
[BOP–1110–P]
RIN 1120–AB10
Compassionate Release
Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
ACTION:
The Bureau of Prisons
(Bureau) proposes changes to its
regulations on compassionate release,
including changing the title to
‘‘Reduction in Sentence in
Extraordinary and Compelling
Circumstances’’; deleting language
which indicates that the Bureau will
only allow reductions in sentence for
circumstances ‘‘which could not
reasonably have been foreseen by the
court at the time of sentencing’’; and
modifying and adding language to
clarify the ineligibility of certain
inmates for reductions in sentence and
the eligibility of District of Columbia
Code felony inmates (D.C. Code felony
inmates) for medical and geriatric
release.
SUMMARY:
Written comments must be
submitted on or before August 8, 2016.
ADDRESSES: Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street NW., Washington, DC
20534.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Rules Unit, Office of
General Counsel, Bureau of Prisons,
phone (202) 353–8248.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at
www.regulations.gov. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
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If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment
contains so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on
www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
paragraph.
The
Bureau published a proposed rule
revising all of the regulations in 28 CFR
Subpart G on December 21, 2006 (71 FR
76619). We also published an interim
rule making a technical change to the
regulations on February 28, 2013 (78 FR
13478). Subsequently, we published
another interim rule on December 5,
2013 (78 FR 73083), which provides that
the Bureau’s General Counsel will
solicit the opinion of the United States
Attorney in the district in which the
inmate was sentenced when considering
an inmate for compassionate release. It
also states that the final decision is
subject to the general supervision and
direction of the Attorney General and
Deputy Attorney General.
We now withdraw the proposed rule
published in 2006 and instead propose
the following changes to the regulations
on compassionate release: (1) Changing
the title to ‘‘Reduction in Sentence in
Extraordinary and Compelling
Circumstances’’; (2) deleting language
which indicates that the Bureau will
only allow reductions in sentence for
circumstances ‘‘which could not
reasonably have been foreseen by the
court at the time of sentencing’’; and (3)
modifying and adding language to
clarify the ineligibility of certain
inmates for reductions in sentence and
the eligibility of District of Columbia
Code felony inmates (D.C. Code felony
inmates) for medical and geriatric
release.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules
Changing the Title to ‘‘Reduction in
Sentence in Extraordinary and
Compelling Circumstances.’’
28 CFR part 571, subpart G, is
currently entitled ‘‘Compassionate
Release (Procedures for the
Implementation of 18 U.S.C.
3582(c)(1)(A) and 4205(g)).’’ 28 CFR part
572, subpart E, is likewise entitled
‘‘Compassionate Release (Procedures for
the Implementation of 4205(g)).’’ Title
18 of the United States Code, section
3582(c)(1)(A)(i), which authorizes these
regulations, does not use the term
‘‘compassionate release.’’ Instead, the
statute states that ‘‘the court, upon
motion of the Director of the Bureau of
Prisons, may reduce the term of
imprisonment . . . if it finds that—(i)
extraordinary and compelling reasons
warrant such a reduction . . . .’’
[Emphasis added.]
Likewise, 18 U.S.C. 4205(g) also does
not use the term ‘‘compassionate
release,’’ instead stating that ‘‘upon
motion of the Bureau of Prisons, the
court may reduce any minimum term to
the time the defendant has served.’’
[Emphasis added.] We are therefore
proposing to change the title of subpart
G to read ‘‘Reduction in Sentence in
Extraordinary and Compelling
Circumstances’’ to more accurately
conform to the language of the statutes.
We also propose to replace the phrase
‘‘compassionate release’’ with
‘‘reduction in sentence’’ where it
appears in § 572.40.
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Deleting Language Indicating That the
Bureau Will Only Allow Reductions in
Sentence for Circumstances ‘‘Which
Could Not Reasonably Have Been
Foreseen by the Court at the Time of
Sentencing’’
Section 571.60 is a statement of
purpose and scope of the subpart. It
describes that, ‘‘[u]nder 18 U.S.C.
4205(g), a sentencing court, on motion
of the Bureau of Prisons, may make an
inmate with a minimum term sentence
immediately eligible for parole by
reducing the minimum term of the
sentence to time served.’’ This
regulation also states that ‘‘[u]nder 18
U.S.C. 3582(c)(1)(A), a sentencing court,
on motion of the Director of the Bureau
of Prisons, may reduce the term of
imprisonment of an inmate sentenced
under the Comprehensive Crime Control
Act of 1984.’’
Currently, the regulation indicates
that the Bureau uses these statutes ‘‘in
particularly extraordinary or compelling
circumstances which could not
reasonably have been foreseen by the
court at the time of sentencing.’’
However, neither the language regarding
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whether the court could reasonably
foresee circumstances nor a reference to
such a requirement is present in either
statute. The Bureau has found it
problematic and untenable to attempt to
determine what the court could
reasonably have foreseen at the time of
sentencing and to apply this restriction
in deciding whether to seek a reduction
in sentence under this subpart. For that
reason, we propose to delete the phrase
‘‘which could not reasonably have been
foreseen by the court at the time of
sentencing’’ throughout the subpart.
Clarifying Ineligibility of Certain
Inmates for Reductions in Sentence and
Eligibility of District of Columbia Code
Felony Inmates for Medical and
Geriatric Release
Under section 11201 of the National
Capital Revitalization and SelfGovernment Improvement Act of 1997,
Pub. 105–33, 111 Stat. 71 (codified at
D.C. Code § 24–101(a),(b)), the Bureau
has custodial responsibility for felons
sentenced pursuant to the District of
Columbia Code. The Bureau also houses
certain military prisoners and state
prisoners in its facilities. The D.C. Code
contains specific provisions that govern
parole or suspension of a sentence on
the basis of medical or geriatric
conditions. See D.C. Code §§ 24–461 to
468. We now propose to make the
following changes to clarify for inmates
and the public the availability or
unavailability of reductions in sentence
and other forms of release to the
different types of inmates in the
Bureau’s facilities: (1) Revising § 571.64
to include military prisoners in that
section’s list of inmates ineligible for
reductions in sentence under the U.S.
Code; and (2) adding a new paragraph
(b) to § 571.60 stating that the Bureau
may seek or support medical or geriatric
parole or suspension of sentence for
D.C. Code inmates in its custody and
making it clear that the Bureau will not
seek reductions in sentence for D.C.
Code inmates under the U.S. Code.
Currently, § 571.64 reads as follows:
‘‘The Bureau of Prisons has no authority
to initiate a request under 18 U.S.C.
4205(g) or 3582(c)(1)(A) on behalf of
state prisoners housed in Bureau of
Prisons facilities or D.C. Code offenders
confined in federal institutions. The
Bureau of Prisons cannot initiate such a
motion on behalf of federal offenders
who committed their offenses prior to
November 1, 1987, and received nonparolable sentences.’’ The current
language does not mention military
prisoners, who are also ineligible under
these provisions. We propose to revise
the language of § 571.64 to add military
prisoners to its list of inmates for whom
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the Bureau will not seek reductions in
sentence. The proposed language in
§ 571.64 would no longer refer to D.C.
Code offenders, because we propose to
add a new paragraph (b) to § 571.60 that
explains separately what forms of early
release the Bureau will or will not seek
on behalf of D.C. Code inmates.
By adding a new paragraph (b) to
§ 571.60, the Bureau would make it
clear that D.C. Code inmates who
committed their offense on or after
August 5, 2000, may be eligible for
medical or geriatric suspension of
sentence as described in sections 24–
467 and 24–468 of the D.C. Code. A D.C.
Code inmate in Bureau custody who
meets the eligibility criteria of the D.C.
Code may request that the Bureau seek
such a suspension of sentence for the
inmate consistent with sections 24–467
and 24–468 of the D.C. Code. The
procedures set out in sections 571.61
through 571.63 will apply to the
submission of such requests by inmates,
and to their consideration and decision
by the Bureau, consistent with the
provisions of the D.C. Code.
Section 571.60(b) also would make it
clear that D.C. Code inmates who
committed their offense before August
5, 2000, may be eligible for medical or
geriatric parole as described in sections
24–461 through 24–465 and 24–467 of
the D.C. Code. A D.C. Code inmate in
Bureau custody who meets the
eligibility criteria of the D.C. Code for
such parole may request that the Bureau
forward an application and
documentation to the United States
Parole Commission consistent with
sections 24–464 and 24–465 of the D.C.
Code.
Section 571.60(b) would also make it
clear that the Bureau will not seek
reductions in sentence under 18 U.S.C.
4205(g) or 3582(c)(1)(A) on behalf of
D.C. Code inmates. The Bureau will
consider requests from such inmates
only under the conditions described in
the D.C. Code for medical or geriatric
parole or suspension of sentence.
Other Minor Changes
In section 571.62, Approval of
request, we indicate that the ‘‘Bureau of
Prisons makes a motion under 18 U.S.C.
4205(g) or 3582(c)(1)(A) only after
review of the request by’’ the Warden,
the General Counsel, and either the
Medical Director for medical referrals or
the Assistant Director, Correctional
Programs Division for non-medical
referrals, and with the approval of the
Director, Bureau of Prisons. We also
indicate that after obtaining the opinion
of either the Medical Director (or Acting
Medical Director) or the Assistant
Director (or Acting Assistant Director),
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Correctional Programs Division, the
Office of General Counsel will
determine if the request warrants
approval.
We propose a minor change in this
section and in section 571.63 to indicate
that when we refer to the General
Counsel, we refer to the Office of
General Counsel, in order to indicate
that multiple staff will be assigned
review of the requests. We also make
minor changes to indicate that either the
Medical Director or the Acting Medical
Director and either the Assistant
Director, Correctional Programs
Division, or the Acting Assistant
Director, Correctional Programs
Division, may act under this regulation.
This will expedite processing of the
requests in the event of possible
absences of the Medical Director or
Assistant Director.
We also propose to make another
minor change to the phrase
‘‘particularly extraordinary or
compelling’’ throughout the regulations.
Under 18 U.S.C. 3582(c)(1)(A)(i), the
court may, upon motion of the Director,
grant a reduction in sentence if it finds
that ‘‘extraordinary and compelling
reasons warrant such a reduction
. . . .’’ We therefore propose to change
our phrase in these regulations to
‘‘extraordinary and compelling’’ instead
of ‘‘particularly extraordinary or
compelling’’ to conform to the language
of the statute.
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Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’, section 1(b), Principles of
Regulation. The Director, Bureau of
Prisons has determined that this
regulation is a ‘‘significant regulatory
action’’ under Executive Order 12866,
section 3(f), and accordingly this
regulation has been reviewed by the
Office of Management and Budget.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, under
Executive Order 13132, we determine
that this regulation does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
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and certifies that it will not have a
significant economic impact upon a
substantial number of small entities for
the following reasons: This regulation
pertains to the correctional management
of inmates committed to the custody of
the Attorney General or the Director of
the Bureau of Prisons. Its economic
impact is limited to the Bureau’s
appropriated funds.
Unfunded Mandates Reform Act of
1995
This regulation will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
regulation will not result in an annual
effect on the economy of $100,000,000
or more; a major increase in costs or
prices; or significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects
28 CFR Part 571
Prisoners.
28 CFR Part 572
Prisoners, probation and parole.
Kathleen M. Kenney,
Assistant Director/General Counsel, Federal
Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C 301; 28
U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons in 28 CFR
0.96, we propose to amend 28 CFR parts
571 and 572, as follows.
SUBCHAPTER D—COMMUNITY
PROGRAMS AND RELEASE
PART 571—RELEASE FROM
CUSTODY
1. The authority citation for 28 CFR
part 571 is revised to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3565;
3568 and 3569 (Repealed in part as to
offenses committed on or after November 1,
1987), 3582, 3621, 3622, 3624, 4001, 4042,
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4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4161–4166 and 4201–4218 (Repealed as to
offenses committed on or after November 1,
1987), 5006–5024 (Repealed October 12,
1984, as to offenses committed after that
date), 5031–5042; 28 U.S.C. 509 and 510;
U.S. Const., Art. II, Sec. 2; 28 CFR 1.1–1.10;
D.C. Official Code 24–101, 24–461 through
24–468.
Subpart G—Reduction in Sentence in
Extraordinary and Compelling
Circumstances
2. Revise the heading of subpart G to
read as set forth above.
■ 3. In § 571.60, remove the phrase
‘‘particularly extraordinary or
compelling’’ in the last sentence and
add in its place the phrase
‘‘extraordinary and compelling’’,
remove the phrase ‘‘which could not
reasonably have been foreseen by the
court at the time of sentencing’’,
redesignate the text as paragraph (a),
and add a new paragraph (b), to read as
follows:
■
§ 571.60
Purpose and scope.
*
*
*
*
*
(b) The Bureau may request the
sentencing court to suspend a sentence
on the basis of medical or geriatric
conditions on behalf of offenders in its
custody who were sentenced pursuant
to the D.C. Code and who are eligible
under D.C. Code §§ 24–467 and 24–468.
The Bureau may submit an application
and accompanying documentation to
the United States Parole Commission for
medical or geriatric parole on behalf of
offenders in its custody who were
sentenced pursuant to the D.C. Code
and who are eligible under D.C. Code
§§ 24–461 to 24–465 and 24–467. The
Bureau will not entertain requests from
offenders sentenced pursuant to the D.C.
Code that the Bureau file motions under
18 U.S.C. 4205(g) or 3582(c)(1)(A).
■ 4. In § 571.61, revise the heading,
revise the third sentence of paragraph
(a), and remove the phrase
‘‘extraordinary or compelling’’ in
paragraph (a)(1) and add in its place
‘‘extraordinary and compelling’’, and
revise the second sentence of paragraph
(b). The revisions read as follows:
§ 571.61 Initiation of request—
extraordinary and compelling
circumstances.
(a) * * * An inmate may initiate a
request for consideration under 18
U.S.C. 4205(g) or 3582(c)(1)(A) only
when there are extraordinary and
compelling circumstances. * * *
*
*
*
*
*
(b) * * * Staff shall refer a request
received at the Central Office or at a
Regional Office to the Warden of the
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Institution where the inmate is
confined.
■ 5. In § 571.62, revise paragraph (a),
paragraph (a)(2), and the second
sentence of paragraph (b), to read as
follows:
§ 571.62
■
§ 571.64
Approval of request.
(a) The Bureau of Prisons makes a
motion under 18 U.S.C. 4205(g) or
3582(c)(1)(A) only after review of the
request by the Warden, the Office of
General Counsel, and either the Medical
Director (or Acting Medical Director) for
medical referrals or the Assistant
Director (or Acting Assistant Director),
Correctional Programs Division for nonmedical referrals, and with the approval
of the Director, Bureau of Prisons.
*
*
*
*
*
(2) After obtaining the opinion of
either the Medical Director (or Acting
Medical Director) or the Assistant
Director (or Acting Assistant Director),
Correctional Programs Division, the
Office of General Counsel will
determine if the request warrants
approval. The Office of General Counsel
will solicit the opinion of the United
States Attorney in the district in which
the inmate was sentenced. With these
opinions, the Office of General Counsel
shall forward the entire matter to the
Director, Bureau of Prisons, for final
decision, subject to the general
supervision and direction of the
Attorney General and Deputy Attorney
General.
*
*
*
*
*
(b) * * * Upon receipt of notice that
the sentencing court has entered an
order granting the motion under 18
U.S.C. 3582(c)(1)(A), the Warden of the
institution where the inmate is confined
shall release the inmate either forthwith
or as soon as his medical condition
permits and transportation can be
arranged.
*
*
*
*
*
■ 6. Revise § 571.63(b) and (d), to read
as follows:
§ 571.63
Denial of request.
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*
*
*
*
*
(b) When an inmate’s request is
denied by the Office of General Counsel
or the Director, the inmate will receive
a written notice and a statement of
reasons for the denial. This denial
constitutes a final administrative
decision.
*
*
*
*
*
(d) Because a denial by the Office of
General Counsel or Director, Bureau of
Prisons, constitutes a final
administrative decision, an inmate may
not appeal the denial through the
Administrative Remedy Procedure.
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7. Revise § 571.64, to read as follows:
Ineligible offenders.
The Bureau of Prisons has no
authority to initiate a request under 18
U.S.C. 4205(g) or 3582(c)(1)(A) on behalf
of—
(a) A state prisoner housed in a
Bureau facility;
(b) A federal offender, serving a nonparolable sentence, who committed his
or her offense before November 1, 1987;
or
(c) A military prisoner housed in a
Bureau facility.
PART 572—PAROLE
8. The authority citation for part 572
continues to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 4001,
4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1,
1987), 4205, 5015 (Repealed October 12, 1984
as to offenses committed after that date),
5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.
Subpart E—Reduction In Sentence
(Procedures for the Implementation of
18 U.S.C. 4205(g))
9. Revise the heading of Subpart E to
read as set forth above.
■ 10. Revise § 572.40 to read as follows:
■
§ 572.40 Reduction in sentence under 18
U.S.C. 4205(g).
18 U.S.C. 4205(g) was repealed
effective November 1, 1987, but remains
the controlling law for inmates whose
offenses occurred prior to that date. For
inmates whose offenses occurred on or
after November 1, 1987, the applicable
statute is 18 U.S.C. 3582(c)(1)(A).
Procedures for reduction of sentence of
an inmate under either provision are
contained in 28 CFR part 571, subpart
G.
[FR Doc. 2016–13294 Filed 6–6–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR part 165
[Docket Number USCG–2016–0347]
RIN 1625–AA00
Safety Zone; Fourth of July Fireworks
Murrells Inlet, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone in the
navigable waters of Murrells Inlet, SC.
SUMMARY:
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This safety zone is necessary to protect
the public from hazards associated with
launching fireworks over navigable
waters of the United States. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Charleston or a
designated representative. We invite
your comments on this proposed
rulemaking.
Comments and related material
must be received by the Coast Guard on
or before June 22, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0347 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
John Downing, Sector Charleston Office
of Waterways Management, Coast
Guard; telephone (843) 740–3184, email
John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 22, 2016, The Marsh Walk
Group notified the Coast Guard that it
will be conducting a fireworks display
from 9:30 p.m. to 9:50 p.m. on July 4,
2016. The fireworks are to be launched
from the end of the Veterans Fishing
Pier in Murrells Inlet, SC. Hazards from
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Charleston (COTP) has determined that
potential hazards associated with the
fireworks to be used in this display
would be a safety concern for anyone
within a 500-yard radius of the pier.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 500-yard
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
E:\FR\FM\07JNP1.SGM
07JNP1
]]>Agencies
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Proposed Rules]
[Pages 36485-36488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13294]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1110-P]
RIN 1120-AB10
Compassionate Release
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Prisons (Bureau) proposes changes to its
regulations on compassionate release, including changing the title to
``Reduction in Sentence in Extraordinary and Compelling
Circumstances''; deleting language which indicates that the Bureau will
only allow reductions in sentence for circumstances ``which could not
reasonably have been foreseen by the court at the time of sentencing'';
and modifying and adding language to clarify the ineligibility of
certain inmates for reductions in sentence and the eligibility of
District of Columbia Code felony inmates (D.C. Code felony inmates) for
medical and geriatric release.
DATES: Written comments must be submitted on or before August 8, 2016.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
320 First Street NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Rules Unit, Office of
General Counsel, Bureau of Prisons, phone (202) 353-8248.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at
www.regulations.gov. Such information includes personal identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information you do not want posted
online in the first paragraph of your comment and identify what
information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
SUPPLEMENTARY INFORMATION: The Bureau published a proposed rule
revising all of the regulations in 28 CFR Subpart G on December 21,
2006 (71 FR 76619). We also published an interim rule making a
technical change to the regulations on February 28, 2013 (78 FR 13478).
Subsequently, we published another interim rule on December 5, 2013 (78
FR 73083), which provides that the Bureau's General Counsel will
solicit the opinion of the United States Attorney in the district in
which the inmate was sentenced when considering an inmate for
compassionate release. It also states that the final decision is
subject to the general supervision and direction of the Attorney
General and Deputy Attorney General.
We now withdraw the proposed rule published in 2006 and instead
propose the following changes to the regulations on compassionate
release: (1) Changing the title to ``Reduction in Sentence in
Extraordinary and Compelling Circumstances''; (2) deleting language
which indicates that the Bureau will only allow reductions in sentence
for circumstances ``which could not reasonably have been foreseen by
the court at the time of sentencing''; and (3) modifying and adding
language to clarify the ineligibility of certain inmates for reductions
in sentence and the eligibility of District of Columbia Code felony
inmates (D.C. Code felony inmates) for medical and geriatric release.
[[Page 36486]]
Changing the Title to ``Reduction in Sentence in Extraordinary and
Compelling Circumstances.''
28 CFR part 571, subpart G, is currently entitled ``Compassionate
Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A)
and 4205(g)).'' 28 CFR part 572, subpart E, is likewise entitled
``Compassionate Release (Procedures for the Implementation of
4205(g)).'' Title 18 of the United States Code, section
3582(c)(1)(A)(i), which authorizes these regulations, does not use the
term ``compassionate release.'' Instead, the statute states that ``the
court, upon motion of the Director of the Bureau of Prisons, may reduce
the term of imprisonment . . . if it finds that--(i) extraordinary and
compelling reasons warrant such a reduction . . . .'' [Emphasis added.]
Likewise, 18 U.S.C. 4205(g) also does not use the term
``compassionate release,'' instead stating that ``upon motion of the
Bureau of Prisons, the court may reduce any minimum term to the time
the defendant has served.'' [Emphasis added.] We are therefore
proposing to change the title of subpart G to read ``Reduction in
Sentence in Extraordinary and Compelling Circumstances'' to more
accurately conform to the language of the statutes. We also propose to
replace the phrase ``compassionate release'' with ``reduction in
sentence'' where it appears in Sec. 572.40.
Deleting Language Indicating That the Bureau Will Only Allow Reductions
in Sentence for Circumstances ``Which Could Not Reasonably Have Been
Foreseen by the Court at the Time of Sentencing''
Section 571.60 is a statement of purpose and scope of the subpart.
It describes that, ``[u]nder 18 U.S.C. 4205(g), a sentencing court, on
motion of the Bureau of Prisons, may make an inmate with a minimum term
sentence immediately eligible for parole by reducing the minimum term
of the sentence to time served.'' This regulation also states that
``[u]nder 18 U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the
Director of the Bureau of Prisons, may reduce the term of imprisonment
of an inmate sentenced under the Comprehensive Crime Control Act of
1984.''
Currently, the regulation indicates that the Bureau uses these
statutes ``in particularly extraordinary or compelling circumstances
which could not reasonably have been foreseen by the court at the time
of sentencing.'' However, neither the language regarding whether the
court could reasonably foresee circumstances nor a reference to such a
requirement is present in either statute. The Bureau has found it
problematic and untenable to attempt to determine what the court could
reasonably have foreseen at the time of sentencing and to apply this
restriction in deciding whether to seek a reduction in sentence under
this subpart. For that reason, we propose to delete the phrase ``which
could not reasonably have been foreseen by the court at the time of
sentencing'' throughout the subpart.
Clarifying Ineligibility of Certain Inmates for Reductions in Sentence
and Eligibility of District of Columbia Code Felony Inmates for Medical
and Geriatric Release
Under section 11201 of the National Capital Revitalization and
Self-Government Improvement Act of 1997, Pub. 105-33, 111 Stat. 71
(codified at D.C. Code Sec. 24-101(a),(b)), the Bureau has custodial
responsibility for felons sentenced pursuant to the District of
Columbia Code. The Bureau also houses certain military prisoners and
state prisoners in its facilities. The D.C. Code contains specific
provisions that govern parole or suspension of a sentence on the basis
of medical or geriatric conditions. See D.C. Code Sec. Sec. 24-461 to
468. We now propose to make the following changes to clarify for
inmates and the public the availability or unavailability of reductions
in sentence and other forms of release to the different types of
inmates in the Bureau's facilities: (1) Revising Sec. 571.64 to
include military prisoners in that section's list of inmates ineligible
for reductions in sentence under the U.S. Code; and (2) adding a new
paragraph (b) to Sec. 571.60 stating that the Bureau may seek or
support medical or geriatric parole or suspension of sentence for D.C.
Code inmates in its custody and making it clear that the Bureau will
not seek reductions in sentence for D.C. Code inmates under the U.S.
Code.
Currently, Sec. 571.64 reads as follows: ``The Bureau of Prisons
has no authority to initiate a request under 18 U.S.C. 4205(g) or
3582(c)(1)(A) on behalf of state prisoners housed in Bureau of Prisons
facilities or D.C. Code offenders confined in federal institutions. The
Bureau of Prisons cannot initiate such a motion on behalf of federal
offenders who committed their offenses prior to November 1, 1987, and
received non-parolable sentences.'' The current language does not
mention military prisoners, who are also ineligible under these
provisions. We propose to revise the language of Sec. 571.64 to add
military prisoners to its list of inmates for whom the Bureau will not
seek reductions in sentence. The proposed language in Sec. 571.64
would no longer refer to D.C. Code offenders, because we propose to add
a new paragraph (b) to Sec. 571.60 that explains separately what forms
of early release the Bureau will or will not seek on behalf of D.C.
Code inmates.
By adding a new paragraph (b) to Sec. 571.60, the Bureau would
make it clear that D.C. Code inmates who committed their offense on or
after August 5, 2000, may be eligible for medical or geriatric
suspension of sentence as described in sections 24-467 and 24-468 of
the D.C. Code. A D.C. Code inmate in Bureau custody who meets the
eligibility criteria of the D.C. Code may request that the Bureau seek
such a suspension of sentence for the inmate consistent with sections
24-467 and 24-468 of the D.C. Code. The procedures set out in sections
571.61 through 571.63 will apply to the submission of such requests by
inmates, and to their consideration and decision by the Bureau,
consistent with the provisions of the D.C. Code.
Section 571.60(b) also would make it clear that D.C. Code inmates
who committed their offense before August 5, 2000, may be eligible for
medical or geriatric parole as described in sections 24-461 through 24-
465 and 24-467 of the D.C. Code. A D.C. Code inmate in Bureau custody
who meets the eligibility criteria of the D.C. Code for such parole may
request that the Bureau forward an application and documentation to the
United States Parole Commission consistent with sections 24-464 and 24-
465 of the D.C. Code.
Section 571.60(b) would also make it clear that the Bureau will not
seek reductions in sentence under 18 U.S.C. 4205(g) or 3582(c)(1)(A) on
behalf of D.C. Code inmates. The Bureau will consider requests from
such inmates only under the conditions described in the D.C. Code for
medical or geriatric parole or suspension of sentence.
Other Minor Changes
In section 571.62, Approval of request, we indicate that the
``Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or
3582(c)(1)(A) only after review of the request by'' the Warden, the
General Counsel, and either the Medical Director for medical referrals
or the Assistant Director, Correctional Programs Division for non-
medical referrals, and with the approval of the Director, Bureau of
Prisons. We also indicate that after obtaining the opinion of either
the Medical Director (or Acting Medical Director) or the Assistant
Director (or Acting Assistant Director),
[[Page 36487]]
Correctional Programs Division, the Office of General Counsel will
determine if the request warrants approval.
We propose a minor change in this section and in section 571.63 to
indicate that when we refer to the General Counsel, we refer to the
Office of General Counsel, in order to indicate that multiple staff
will be assigned review of the requests. We also make minor changes to
indicate that either the Medical Director or the Acting Medical
Director and either the Assistant Director, Correctional Programs
Division, or the Acting Assistant Director, Correctional Programs
Division, may act under this regulation. This will expedite processing
of the requests in the event of possible absences of the Medical
Director or Assistant Director.
We also propose to make another minor change to the phrase
``particularly extraordinary or compelling'' throughout the
regulations. Under 18 U.S.C. 3582(c)(1)(A)(i), the court may, upon
motion of the Director, grant a reduction in sentence if it finds that
``extraordinary and compelling reasons warrant such a reduction . . .
.'' We therefore propose to change our phrase in these regulations to
``extraordinary and compelling'' instead of ``particularly
extraordinary or compelling'' to conform to the language of the
statute.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', section
1(b), Principles of Regulation. The Director, Bureau of Prisons has
determined that this regulation is a ``significant regulatory action''
under Executive Order 12866, section 3(f), and accordingly this
regulation has been reviewed by the Office of Management and Budget.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, under Executive Order 13132,
we determine that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and
certifies that it will not have a significant economic impact upon a
substantial number of small entities for the following reasons: This
regulation pertains to the correctional management of inmates committed
to the custody of the Attorney General or the Director of the Bureau of
Prisons. Its economic impact is limited to the Bureau's appropriated
funds.
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local
and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This regulation will not result in an annual effect on the economy
of $100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
List of Subjects
28 CFR Part 571
Prisoners.
28 CFR Part 572
Prisoners, probation and parole.
Kathleen M. Kenney,
Assistant Director/General Counsel, Federal Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of
Prisons in 28 CFR 0.96, we propose to amend 28 CFR parts 571 and 572,
as follows.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
0
1. The authority citation for 28 CFR part 571 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568 and 3569
(Repealed in part as to offenses committed on or after November 1,
1987), 3582, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in
part as to offenses committed on or after November 1, 1987), 4161-
4166 and 4201-4218 (Repealed as to offenses committed on or after
November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to
offenses committed after that date), 5031-5042; 28 U.S.C. 509 and
510; U.S. Const., Art. II, Sec. 2; 28 CFR 1.1-1.10; D.C. Official
Code 24-101, 24-461 through 24-468.
Subpart G--Reduction in Sentence in Extraordinary and Compelling
Circumstances
0
2. Revise the heading of subpart G to read as set forth above.
0
3. In Sec. 571.60, remove the phrase ``particularly extraordinary or
compelling'' in the last sentence and add in its place the phrase
``extraordinary and compelling'', remove the phrase ``which could not
reasonably have been foreseen by the court at the time of sentencing'',
redesignate the text as paragraph (a), and add a new paragraph (b), to
read as follows:
Sec. 571.60 Purpose and scope.
* * * * *
(b) The Bureau may request the sentencing court to suspend a
sentence on the basis of medical or geriatric conditions on behalf of
offenders in its custody who were sentenced pursuant to the D.C. Code
and who are eligible under D.C. Code Sec. Sec. 24-467 and 24-468. The
Bureau may submit an application and accompanying documentation to the
United States Parole Commission for medical or geriatric parole on
behalf of offenders in its custody who were sentenced pursuant to the
D.C. Code and who are eligible under D.C. Code Sec. Sec. 24-461 to 24-
465 and 24-467. The Bureau will not entertain requests from offenders
sentenced pursuant to the D.C. Code that the Bureau file motions under
18 U.S.C. 4205(g) or 3582(c)(1)(A).
0
4. In Sec. 571.61, revise the heading, revise the third sentence of
paragraph (a), and remove the phrase ``extraordinary or compelling'' in
paragraph (a)(1) and add in its place ``extraordinary and compelling'',
and revise the second sentence of paragraph (b). The revisions read as
follows:
Sec. 571.61 Initiation of request--extraordinary and compelling
circumstances.
(a) * * * An inmate may initiate a request for consideration under
18 U.S.C. 4205(g) or 3582(c)(1)(A) only when there are extraordinary
and compelling circumstances. * * *
* * * * *
(b) * * * Staff shall refer a request received at the Central
Office or at a Regional Office to the Warden of the
[[Page 36488]]
Institution where the inmate is confined.
0
5. In Sec. 571.62, revise paragraph (a), paragraph (a)(2), and the
second sentence of paragraph (b), to read as follows:
Sec. 571.62 Approval of request.
(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or
3582(c)(1)(A) only after review of the request by the Warden, the
Office of General Counsel, and either the Medical Director (or Acting
Medical Director) for medical referrals or the Assistant Director (or
Acting Assistant Director), Correctional Programs Division for non-
medical referrals, and with the approval of the Director, Bureau of
Prisons.
* * * * *
(2) After obtaining the opinion of either the Medical Director (or
Acting Medical Director) or the Assistant Director (or Acting Assistant
Director), Correctional Programs Division, the Office of General
Counsel will determine if the request warrants approval. The Office of
General Counsel will solicit the opinion of the United States Attorney
in the district in which the inmate was sentenced. With these opinions,
the Office of General Counsel shall forward the entire matter to the
Director, Bureau of Prisons, for final decision, subject to the general
supervision and direction of the Attorney General and Deputy Attorney
General.
* * * * *
(b) * * * Upon receipt of notice that the sentencing court has
entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the
Warden of the institution where the inmate is confined shall release
the inmate either forthwith or as soon as his medical condition permits
and transportation can be arranged.
* * * * *
0
6. Revise Sec. 571.63(b) and (d), to read as follows:
Sec. 571.63 Denial of request.
* * * * *
(b) When an inmate's request is denied by the Office of General
Counsel or the Director, the inmate will receive a written notice and a
statement of reasons for the denial. This denial constitutes a final
administrative decision.
* * * * *
(d) Because a denial by the Office of General Counsel or Director,
Bureau of Prisons, constitutes a final administrative decision, an
inmate may not appeal the denial through the Administrative Remedy
Procedure.
0
7. Revise Sec. 571.64, to read as follows:
Sec. 571.64 Ineligible offenders.
The Bureau of Prisons has no authority to initiate a request under
18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of--
(a) A state prisoner housed in a Bureau facility;
(b) A federal offender, serving a non-parolable sentence, who
committed his or her offense before November 1, 1987; or
(c) A military prisoner housed in a Bureau facility.
PART 572--PAROLE
0
8. The authority citation for part 572 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082
(Repealed in part as to offenses committed on or after November 1,
1987), 4205, 5015 (Repealed October 12, 1984 as to offenses
committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-
0.99.
Subpart E--Reduction In Sentence (Procedures for the Implementation
of 18 U.S.C. 4205(g))
0
9. Revise the heading of Subpart E to read as set forth above.
0
10. Revise Sec. 572.40 to read as follows:
Sec. 572.40 Reduction in sentence under 18 U.S.C. 4205(g).
18 U.S.C. 4205(g) was repealed effective November 1, 1987, but
remains the controlling law for inmates whose offenses occurred prior
to that date. For inmates whose offenses occurred on or after November
1, 1987, the applicable statute is 18 U.S.C. 3582(c)(1)(A). Procedures
for reduction of sentence of an inmate under either provision are
contained in 28 CFR part 571, subpart G.
[FR Doc. 2016-13294 Filed 6-6-16; 8:45 am]
BILLING CODE P
