[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31484]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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DEPARTMENT OF JUSTICE
28 CFR Part 2

 

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

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is adding to its guidelines, under 
the heading of ``Carnal Knowledge or Sodomy Involving Minors'' a 
provision increasing the offense severity rating from Category Four to 
Category Seven for any crime involving an adult offender who has abused 
a position of trust (e.g., teacher, counselor, or physician), or who 
has engaged in predatory sexual behavior. The purpose of this guideline 
amendment is to clarify the aggravated nature of such crimes in 
relation to all other offenses that involve non-forcible sexual 
relations between an adult and a minor age 12 or older. This item was 
published as a proposed rule on May 20, 1994. 59 FR 26466. The 
guideline increase follows a Congressional directive that, when the 
Commission frequently exceeds the guidelines in a particular type of 
case, the guidelines should be amended to provide for consistency in 
such decisions.

EFFECTIVE DATE: January 23, 1995.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, 
Maryland 20815, telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: Federal parole laws remain in effect until 
November 1, 1997, for prisoners and parolees who committed their crimes 
prior to November 1, 1987, and whose sentences place them under the 
jurisdiction of the U.S. Parole Commission. See Section 235(b) of the 
Sentencing Reform Act of 1987, Public Law 98-473 (as amended) and 18 
U.S.C. 4201 through 4218. The Paroling Policy Guidelines at 28 CFR 2.20 
provide consistency in Parole Commission decision-making for such 
offenders.
    The proposed rule would increase the prison time to be served in 
cases where the adult has committed such an offense through an abuse of 
a position of trust, or through predatory behavior. Whereas ordinary 
offenses involving non-forcible sexual relations between adults and 
minors age 12 or older are rated Category Four on the guidelines, 
offenses involving abuse of trust or predatory behavior were proposed 
for a Category Seven rating. One public comment was received on this 
proposal from the U.S. Probation Office for the Eastern District of 
North Carolina supporting the proposal.
    After a careful review of its decision-making practices, the 
Commission has decided that the proposal merits adoption as a final 
rule. The increase to Category Seven reflects optimum Commission 
decision-making practice, which is to order an upward departure from 
the guideline range for a Category Four offense if the offender has 
abused a significant position of trust or has behaved in a predatory 
manner toward multiple victims. Such circumstances would constitute 
good cause to exceed the guidelines pursuant to 18 U.S.C. 4206(c). An 
abuse of trust would be exemplified by a child psychiatrist who engages 
in sodomy with youthful patients under his care, a high school teacher 
who seduces a student in his classroom, or a religious counselor who 
has sexual relations with teenage members of his congregation. 
Predatory behavior is defined as the repeated use of tricks or other 
devices to lure unsuspecting youthful victims into sexual relations 
with an adult offender.

Implementation

    This rule will be applied at all initial and revocation hearings 
held on or after the effective date.

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 Final Rule

    Accordingly, the U.S. Parole Commission makes the following 
amendment to 28 CFR Part 2:

PART 2--[AMENDED]

    (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, 
is 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
* * * * *

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 
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: December 16, 1994.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 94-31484 Filed 12-21-94; 8:45 am]
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