[Title 28 CFR 2.106]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 2 - PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,]
[Subpart C - District of Columbia Code: Prisoners and Parolees]
[Sec. 2.106 - Youth Rehabilitation Act.]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12009-07-012009-07-01false2.106Sec. 2.106JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEPAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,District of Columbia Code: Prisoners and Parolees
Sec. 2.106  Youth Rehabilitation Act.

    (a) Regulations governing YRA offenders and D.C. Code FYCA 
offenders. Unless the judgment and commitment order provides otherwise, 
the provisions of this section shall apply to an offender sentenced 
under the Youth Rehabilitation Act of 1985 (D.C. Code 24-901 et seq.) 
(YRA) who committed his offense before 5 p.m., August 11, 2000, and a 
D.C. Code offender sentenced under the former Federal Youth Corrections 
Act (former 18 U.S.C. 5005 et seq.) (FYCA). An offender sentenced under 
the YRA who committed his offense (or who continued to commit his 
offense) on or after 5 p.m., August 11, 2000, is not eligible for 
release on parole, but may be terminated from a term of supervised 
release before the expiration of the term and receive a certificate 
setting aside the conviction under Sec. 2.208(f). See D.C. Code 24-
904(c) and 24-906(c).
    (b) Application of this subpart to YRA offenders. All provisions of 
this subpart that apply to adult offenders also apply to YRA offenders 
unless a specific exception is made for YRA (or youth) offenders.
    (c) No further benefit finding. If there is a finding that a YRA 
offender will derive no further benefit from treatment, such prisoner 
shall be considered for parole, and for any other action, exclusively 
under the provisions of this subpart that are applicable to adult 
offenders. Such a finding may be made pursuant to D.C. Code 24-905 by 
the Department of Corrections or by the Bureau of Prisons, and shall be 
promptly forwarded to the Commission. However, if the finding is 
appealed to the sentencing judge, the prisoner will continue to be 
treated under the provisions pertaining to YRA offenders until the judge 
makes a final decision denying the appeal.
    (d)(1) Program plans and using program achievement to set the parole 
date. At a YRA prisoner's initial parole hearing, a program plan for the 
prisoner's treatment shall be submitted by institutional staff and 
reviewed by the hearing examiner. Any proposed modifications to the plan 
shall be discussed at the hearing, although further relevant information 
may be presented and considered after the hearing. The plan shall 
adequately account for the risk implications of the prisoner's current 
offense and criminal history and shall address the prisoner's need for 
rehabilitational training. The program plan shall also include an 
estimated date of completion. The criteria at Sec. 2.64(d) for 
successful response to treatment programs shall be considered by the 
Commission in determining whether the proposed program plan would 
effectively reduce the risk to the public welfare.
    (2) The youth offender's response to treatment programs and program 
achievement shall be considered with other relevant factors, such as the 
offense and parole prognosis, in determining when the youth offender 
should be conditionally released under supervision. See Sec. 2.64(e). 
The guidelines at Sec. 2.80(k)-(m) on awarding superior program 
achievement and the subtraction of any award in determining the total 
guideline range shall not be used in the decision.
    (e) Parole violators. A YRA parolee who has had his parole revoked 
shall be scheduled for a rehearing within six months of the revocation 
hearing to review the new program plan prepared by institutional staff, 
unless a parole effective date is granted after the revocation hearing. 
Such program plan shall reflect a thorough reassessment of the 
prisoner's rehabilitational needs in light of the prisoner's failure on 
parole. Decisions on reparole shall be made using the guidelines at 
Sec. 2.80. If a YRA parolee is sentenced to a new prison term of one 
year or more for a crime committed while on parole, the case shall be 
referred to correctional authorities for consideration of a ``no further 
benefit'' finding.
    (f) Unconditional discharge from supervision. (1) A YRA parolee may 
be unconditionally discharged from supervision after service of one year 
on parole supervision if the Commission

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finds that supervision is no longer needed to protect the public safety. 
A review of the parolee's file shall be conducted after the conclusion 
of each year of supervision upon receipt of an annual progress report, 
and upon receipt of a final report to be submitted by the supervision 
officer six months prior to the sentence expiration date.
    (2) In making a decision concerning unconditional discharge, the 
Commission shall consider the facts and circumstances of each case, 
focusing on the risk the parolee poses to the public and the benefit he 
may obtain from further supervision. The decision shall be made after an 
analysis of case-specific factors, including, but not limited to, the 
parolee's prior criminal history, the offense behavior that led to his 
conviction, record of drug or alcohol dependence, employment history, 
stability of residence and family relationships, and the number and 
nature of any incidents while under supervision (including new arrests, 
alleged parole violations, and criminal investigations).
    (3) An order of unconditional discharge from supervision terminates 
the YRA offender's sentence. Whenever a YRA offender is unconditionally 
discharged from supervision, the Commission shall issue a certificate 
setting aside the offender's conviction. If the YRA offender is not 
unconditionally discharged from supervision prior to the expiration of 
his sentence, a certificate setting aside the conviction may be issued 
nunc pro tunc if the Commission finds that the failure to issue the 
decision on time was due to administrative delay or error, or that the 
Supervision Officer failed to present the Commission with a progress 
report before the end of the supervision term, and the offender's own 
actions did not contribute to the absence of the final report. However, 
the offender must have deserved to be unconditionally discharged from 
supervision before the end of his supervision term for a nunc pro tunc 
certificate to issue.

[65 FR 45888, July 26, 2000, as amended at 67 FR 57946, Sept. 13, 2002; 
68 FR 41531, July 14, 2003]