[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12051]


[[Page Unknown]]

[Federal Register: May 20, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

 

Paroling, Recommitting, and Supervising Federal Prisoners: Sex 
Offenses Against Minors Age 12 and Older

AGENCY: Parole Commission, Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Parole Commission is proposing to add to its 
guidelines covering offenses of ``Carnal Knowledge or Sodomy Involving 
Minors'' a provision increasing the offense severity rating for any 
offense involving an adult offender who has abused a position of trust 
(e.g., teacher, counselor, or physician), or involving multiple 
episodes of predatory sexual behavior. The purpose of this proposed 
rule is to clarify the aggravated nature of such crimes in relation to 
all other offenses that involve non-forcible sexual relations with a 
minor age 12 or older. For the aggravated offense behaviors described 
in the proposed rule, the offense severity rating would be increased 
from Category Four to Category Seven on the guidelines at 28 CFR. 2.20.

DATES: Comments must be received by July 19, 1994.

ADDRESSES: Send comments to Office of the General Counsel, U.S. Parole 
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT: Richard K. Preston, Office of the 
General Counsel, Telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: The U.S. Parole Commission Paroling Policy 
Guidelines for ``Carnal Knowledge or Sodomy Involving Minors'' are to 
be found at 28 CFR 2.20, Chapter Two, Subchapter D, Para. 232 (a) 
through (c). When these guideline provisions were adopted by the 
Commission, offenses involving non-forcible sex with a minor age 12 or 
older were given a Category Four offense severity rating. With limited 
federal jurisdiction, such offenses most frequently came before the 
Parole Commission from military and Indian reservations, and did not 
involve aggravating factors.
    Recently, however, the Commission has had to deal with cases of a 
different nature, in which the offender has abused a significant 
position of trust or has behaved in a calculating, predatory manner 
toward multiple victims. Commission practice has not been consistent as 
to whether these cases must be given parole dates within the 
guidelines, or whether the circumstances should be treated as ``good 
cause'' to exceed the guidelines under 18 U.S.C. 4206(c). Accordingly, 
this issue was referred to the Commission for resolution by a majority 
vote.
    The policy adopted by the Commission is reflected in the proposed 
rule. The proposed rule deals with such cases as that of a child 
psychiatrist who engages in sodomy with youthful patients under his 
care, a religious counselor who has sex with his teenage followers, a 
high school teacher who seduces a student in his classroom, and 
comparable offense behaviors.

Implementation

    This proposed rule, if adopted, would be applied at all initial and 
revocation hearings held on or after the effective date. It would not 
constitute grounds for the reopening of a case in which a parole date 
has already been granted.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this proposed rule 
is not a significant regulatory action for the purposes of Executive 
Order 12866, and the rule has therefore not been reviewed by the Office 
of Management and Budget. The rule 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).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, probation and parole, 
prisoners.

The Proposed Rule

    (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) 28 CFR part 2, Sec. 2.20, Chapter 2, Subchapter D, section 232, 
of the U.S. Parole Commission Offense Behavior Severity Index is 
proposed to be amended by adding the following new paragraph 232(d), to 
read as follows:


Sec. 2.20  Paroling policy guidelines: Statement of general policy.

* * * * *

CHAPTER TWO--OFFENSES INVOLVING THE PERSON

* * * * *

U.S. Parole Commission Offense Behavior Severity Index

* * * * *

SUBCHAPTER D--SEXUAL OFFENSES

* * * * *

232  Carnal Knowledge or Sodomy Involving Minors

* * * * *
    (d) If the offender is an adult who has abused a position of trust 
(e.g., teacher, counselor, or physician), or the offense involved 
multiple instances of predatory sexual behavior, grade as Category 
Seven. Sexual behavior is deemed predatory when the offender repeatedly 
uses any trick or other device to attract, lure, or bribe victims into 
the initial contact that results in the offense.
* * * * *
    Dated: May 6, 1994.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 94-12051 Filed 5-19-94; 8:45 am]
BILLING CODE 4410-01-M