[Title 28 CFR 2.43]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 2 - PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS]
[Subpart A - United States Code Prisoners and Parolees]
[Sec. 2.43 - Early termination.]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01false2.43Sec. 2.43JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEPAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTSUnited States Code Prisoners and Parolees
Sec. 2.43  Early termination.

    (a)(1) Upon its own motion or upon request of the parolee, the 
Commission may terminate supervision, and thus jurisdiction, over a 
parolee prior to the expiration of his maximum sentence.
    (2) A committed youth offender sentenced to a term of more than one 
year may not be granted an early termination of jurisdiction earlier 
than after one year of continuous supervision on parole. When 
termination of jurisdiction prior to the expiration of sentence is 
granted in the case of a youth offender, his conviction shall be 
automatically set aside. A certificate setting aside his conviction 
shall be issued in lieu of a certificate of termination.
    (b) Two years after release on supervision, and at least annually 
thereafter, the Commission shall review the status of each parolee to 
determine the need for continued supervision. In calculating such two-
year period there shall not be included any period of release on parole 
prior to the most recent release, nor any period served in confinement 
on any other sentence. A review will also be conducted whenever early 
termination is recommended by the supervising probation officer.
    (c)(1) Five years after release on supervision, the Commission shall 
terminate supervision over such parolee unless it is determined, after a 
hearing conducted in accordance with the procedures prescribed in 18 
U.S.C. 4214(a)(2), that such supervision should not be terminated 
because there is a likelihood that the parolee will engage in conduct 
violating any criminal law. Such hearing may be conducted by a hearing 
examiner or other official designated by the Regional Commissioner. In 
calculating such five-year period, there shall not be included any 
period of release on parole prior to the most recent release or any 
period served in confinement on any other sentence.
    (2) If supervision is not terminated under paragraph (c)(1) of this 
section the parolee may request a hearing annually thereafter, and a 
hearing shall

[[Page 137]]

be conducted with respect to termination of supervision not less 
frequently than biennially.
    (3) A parolee may appeal an adverse decision under paragraphs (c)(1) 
or (c)(2) of this section pursuant to Sec. 2.26 or Sec. 2.27 as 
applicable.
    (d) The Regional Commissioner in the region of supervision shall 
have authority to make decisions under this section pursuant to the 
guidelines set forth below; except that in the case of a parolee 
classified under the provisions of Sec. 2.17, an affirmative decision to 
terminate supervision under paragraph (b) of this section, or a decision 
to terminate or continue supervision under paragraph (c) of this section 
shall be made pursuant to the provisions of Sec. 2.17.
    (e) Early termination guidelines. In determining whether to grant 
early termination from supervision, the Commission shall apply the 
following guidelines:
    (1) Absent case-specific factors to the contrary, termination of 
supervision shall be considered indicated when:
    (i) A parolee originally classified in the very good risk category 
(pursuant to Sec. 2.20) has completed two continuous years of 
supervision free from any indication of new criminal behavior or serious 
parole violation; and
    (ii) A parolee originally classified in other than the very good 
risk category (pursuant to Sec. 2.20) has completed three continuous 
years of supervision free from any indication of new criminal behavior 
or serious parole violation.

    Note: As used in this section, an indication of new criminal 
behavior includes a new arrest if supported by substantial evidence of 
guilt, even if no conviction or parole revocation results.

    (2) Decisions to continue the parolee under supervision past the 
period indicated above may be made where case-specific factors justify a 
conclusion that continued supervision is needed to protect the public 
welfare. Such case-specific factors may relate to the current behavior 
of the parolee (for example, a parolee whose behavior begins to 
deteriorate as the normally expected time for termination approaches) or 
to the parolee's background (for example, a parolee with a history of 
repetitive assaultive conduct or substantial involvement in large scale 
or organized criminal activity). In such cases, an additional period of 
supervision prior to termination of jurisdiction may be warranted.
    (3) Decisions to terminate supervision prior to completion of the 
three year period specified in paragraph (e)(1)(ii) of this section may 
be made where it appears that the parolee is a better risk than 
indicated by the salient factor score as originally calculated. However, 
termination of supervision prior to the completion of two years of 
difficulty-free supervision will not be granted unless case-specific 
factors clearly indicate that continued supervision would be 
counterproductive.
    (4) Cases with pending criminal charge(s) shall not be terminated 
from supervision until disposition of such charge(s) is known.
    (5) After five continuous years of supervision, decisions to 
terminate will be made in accordance with subsection (c) of this rule.

[46 FR 28649, May 28, 1981, as amended at 46 FR 35639, July 10, 1981; 49 
FR 44098, Nov. 2, 1984; 50 FR 36424, Sept. 6, 1985]