[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18353-18354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8911]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Transfer Treaty Prisoners

AGENCY: Parole Commission.

ACTION:  Final rule.

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SUMMARY: The U.S. Parole Commission is amending the regulation that 
sets forth procedures for transfer treaty offenders under 18 U.S.C. 
4106A, to require the concurrence of two U.S. Parole Commissioners for 
a decision. At present, transfer treaty cases are decided by Regional 
Commissioners, pursuant to the general delegation of authority at 28 
CFR 2.24. The Commission considers that this voting quorum change is 
appropriate because appeals from the Commission's decisions in transfer 
treaty cases, unlike ordinary parole cases, are taken directly to a 
U.S. Court of Appeals.

EFFECTIVE DATE: May 11, 1995.

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

SUPPLEMENTARY INFORMATION: The U.S. Parole Commission has the statutory 
function of setting release dates and periods of supervised release for 
citizens of the United States who are transferred from foreign 
countries, pursuant to treaty, to serve sentences imposed by foreign 
courts. Under 18 U.S.C. 4106A, these prisoners come before the U.S. 
Parole Commission for a hearing and a decision that is subject to 
[[Page 18354]] appeal to a U.S. Court of Appeals in accordance with 18 
U.S.C. 3742.
    The Commission has found it necessary to make these decisions 
through a delegation of authority to individual Commissioners in order 
to permit timely processing of these cases. (Many of these treaty 
prisoners are returned to the United States after having already served 
sufficient time in foreign prisons to warrant an immediate release date 
within the applicable sentencing guideline range.) The Commission has 
decided, however, that a quorum of two Commissioners is more 
appropriate, given the fact that there is no administrative appeal from 
the Regional Commissioner's decision. This is in contrast to the 
ordinary parole case wherein the Regional Commissioner's decision is 
subject to an administrative appeal within the Commission, under 18 
U.S.C. 4215, before the prisoner may seek judical review in a federal 
court. Accordingly, transfer treaty cases under 18 U.S.C. 4106A will be 
decided by the National Commissioners, with the concurrence of two 
Commissioners required to reach a decision.

Implementation

    This procedural rule will be applied to all transfer treaty cases 
under 18 U.S.C. 4106A wherein the transfer treaty hearing is conducted 
on or after the effective date set forth above.

Executive Order 12866 and Regulatory Flexibility Statement:

    The U.S. Parole Commission has determined that this 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:
    (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. 2.62(i)(1) is revised to read as follows:


Sec. 2.62  Prisoners transferred pursuant to treaty.

* * * * * *
    (i) Final decision. (1) The Commission shall render a decision as 
soon as practicable and without unnecessary delay. Decisions shall be 
made upon a concurrence of two votes of the National Commissioners. The 
decision shall set a release date and a period and conditions of 
supervised release. If the Commission determines that the appropriate 
release date under 18 U.S.C. 4106A is the full term date of the foreign 
sentence, the Commission will order the transferee to ``continue to 
expiration''
* * * * * *
    Dated: March 31, 1995.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 95-8911 Filed 4-10-95; 8:45 am]
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