[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 1138-1139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-366]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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Part IV
Department of Justice
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Bureau of Prisons
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28 CFR Part 571, et al.
Control, Custody, Care, Treatment and Instruction of Inmates;
Compassionate Release; Drug Abuse Treatment Programs; Rule and Proposed
Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 571 and 572
RIN 1120-AA09
Control, Custody, Care, Treatment and Instruction of Inmates;
Compassionate Release
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: This rule revises the procedures for early inmate release
under extraordinary or compelling circumstances in order to include
provisions applicable to inmates who were sentenced under the new law
sentencing guidelines that eliminated parole. In addition, the rule
provisions relating to inmate release in response to prison
overcrowding have been eliminated in conformance with revised Parole
Commission procedures, a section has been added to note the
ineligibility of certain offenders, and various administrative
procedures have been simplified. Releases have been most often applied
in cases where the inmate is terminally ill. The application of the
rule has not been modified. The practical effect should remain the
release or parole of a limited number of inmates under extraordinary or
compelling circumstances.
EFFECTIVE DATE: January 7, 1994.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on Procedures for the Implementation of 18 U.S.C. 4205(g).
A final rule on this subject was published in the Federal Register
October 21, 1983 (48 FR 48973).
The regulations have been revised for two main reasons. First, the
revisions now include sentence modifications as stated in 18 U.S.C.
3582(c)(1)(A), the provisions applicable to inmates sentenced under the
1984 Sentencing Guidelines, as well as the sentence modifications found
in 18 U.S.C. 4205(g) for those inmates eligible for parole under the
prior sentencing rules. Also, the regulations have modified the
language of the standard employed to conform to the statutory language
of ``extraordinary and compelling'' reasons for the request. The
standards to evaluate requests for early release remain the same. The
only additional procedure required of inmates who request early release
is the inclusion of a proposed release plan. The plan verifies that the
inmate will be properly cared for upon release, and it may be completed
by staff if the inmate is unable to complete the proposal.
Additional changes include the removal of former Sec. 572.42 in
conformance with revised regulations of the Parole Commission, the
removal of the requirement that the inmate provide in the request
information which can be obtained by staff through a review of the
inmate's record, and the addition of new Sec. 571.64 noting the
ineligibility of certain offenders.
As an editorial amendment, the revised compassionate release
provisions have been redesignated from part 572 to part 571 in order to
reflect applicability to new law commitments. A cross-reference remains
in part 572.
Because the revised rule imposes no additional burdens or
restrictions on inmates, the Bureau finds good cause for exempting the
provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the opportunity for public comment, and
delay in effective date. Members of the public may submit comments
concerning this rule by writing to the previously cited address. These
comments will be considered but will receive no response in the Federal
Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866; this rule
was reviewed by the Office of Management and Budget pursuant to E.O.
12866. After review of the law and regulations, the Director, Bureau of
Prisons has certified that this rule, for the purpose of the Regulatory
Flexibility Act (Pub. L. 96-354), does not have a significant impact on
a substantial number of small entities.
List of Subjects in 28 CFR Parts 571 and 572
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), parts 571 and 572 in subchapter D
of 28 CFR, chapter V are amended as set forth below.
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, 3568-3569 (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, 510; U.S. Const., Art.
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.
2. In part 571, subpart G, consisting of Secs. 571.60 through
571.64, is added to read as follows:
Subpart G--Compassionate Release (Procedures for the Implementation of
18 U.S.C. 3582(c)(1)(A) and 4205(g))
Sec.
571.60 Purpose and scope.
571.61 Initiation of request--extraordinary or compelling
circumstances.
571.62 Approval of request.
571.63 Denial of request.
571.64 Ineligible offenders.
Subpart G--Compassionate Release (Procedures for the Implementation
of 18 U.S.C. 3582(c)(1)(A) and 4205(g))
Sec. 571.60 Purpose and scope.
Under 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. Under 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. The Bureau uses 18 U.S.C. 4205(g) and 18
U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling
circumstances which could not reasonably have been foreseen by the
court at the time of sentencing.
Sec. 571.61 Initiation of request--extraordinary or compelling
circumstances.
(a) A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A)
shall be submitted to the Warden. Ordinarily, the request shall be in
writing, and submitted by the inmate. An inmate may initiate a request
for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when
there are particularly extraordinary or compelling circumstances which
could not reasonably have been foreseen by the court at the time of
sentencing. The inmate's request shall at a minimum contain the
following information:
(1) The extraordinary or compelling circumstances that the inmate
believes warrant consideration.
(2) Proposed release plans, including where the inmate will reside,
how the inmate will support himself/herself, and, if the basis for the
request involves the inmate's health, information on where the inmate
will receive medical treatment, and how the inmate will pay for such
treatment.
(b) The Bureau of Prisons processes a request made by another
person on behalf of an inmate in the same manner as an inmate's
request. Staff shall refer a request received at the Central Office or
at a Regional Office to the Warden of the institution where the inmate
is confined.
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
Regional Director, 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.
(1) The Warden shall promptly review a request for consideration
under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an
investigation of the request determines that the request warrants
approval, the Warden shall refer the matter in writing with
recommendation to the Regional Director.
(2) If the Regional Director determines that the request warrants
approval, the Regional Director shall prepare a written recommendation
and refer the matter to the Office of General Counsel.
(3) If the General Counsel determines that the request warrants
approval, the General Counsel shall solicit the opinion of either the
Medical Director or the Assistant Director, Correctional Programs
Division depending upon the nature of the basis of the request. With
this opinion, the General Counsel shall forward the entire matter to
the Director, Bureau of Prisons, for final decision.
(4) If the Director, Bureau of Prisons, grants a request under 18
U.S.C. 4205(g), the Director will contact the U.S. Attorney in the
district in which the inmate was sentenced regarding moving the
sentencing court on behalf of the Bureau of Prisons to reduce the
minimum term of the inmate's sentence to time served. If the Director,
Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the
Director will contact the U.S. Attorney in the district in which the
inmate was sentenced regarding moving the sentencing court on behalf of
the Director of the Bureau of Prisons to reduce the inmate's term of
imprisonment to time served.
(b) Upon receipt of notice that the sentencing court has entered an
order granting the motion under 18 U.S.C. 4205(g), the Warden of the
institution where the inmate is confined shall schedule the inmate for
hearing on the earliest Parole Commission docket. 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 forthwith.
(c) In the event the basis of the request is the medical condition
of the inmate, staff shall expedite the request at all levels.
Sec. 571.63 Denial of request.
(a) When an inmate's request is denied by the Warden or Regional
Director, the disapproving official shall provide the inmate with a
written notice and statement of reasons for the denial. The inmate may
appeal the denial through the Administrative Remedy Procedure (28 CFR
part 542, subpart B).
(b) When an inmate's request for consideration under 18 U.S.C.
4205(g) or 3582(c)(1)(A) is denied by the General Counsel, the General
Counsel shall provide the inmate with a written notice and statement of
reasons for the denial. This denial constitutes a final administrative
decision.
(c) When the Director, Bureau of Prisons, denies an inmate's
request, the Director shall provide the inmate with a written notice
and statement of reasons for the denial within 20 workdays after
receipt of the referral from the Office of General Counsel. A denial by
the Director constitutes a final administrative decision.
(d) Because a denial by the General Counsel or Director, Bureau of
Prisons, constitutes a final administrative decision, an inmate may not
appeal the denial through the Administrative Remedy Procedure.
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 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.
PART 572--PAROLE
3. The authority citation for part 572 is revised 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.
4. In part 572, subpart E, consisting of Secs. 572.40 through
572.44, is revised to consist of Sec. 572.40 as follows.
Subpart E--Compassionate Release (Procedures for the Implementation of
18 U.S.C. 4205(g))
Sec.
572.40 Compassionate release under 18 U.S.C. 4205(g).
Subpart E--Compassionate Release (Procedures for the Implementation
of 18 U.S.C. 4205(g))
Sec. 572.40 Compassionate release 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 compassionate release of an inmate under either provision are
contained in 28 CFR part 571, subpart G.
[FR Doc. 94-366 Filed 1-6-94; 8:45 am]
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