[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Page 18353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8914]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENT OF JUSTICE

Parole Commission 28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Original Jurisdiction Cases

AGENCY: Parole Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is amending the voting quorum 
required for initial parole decisions made under 28 CFR 2.17, which is 
the procedure for original jurisdiction cases (high profile and 
extremely serious offenders). The Commission has determined that the 
present four-vote requirement is no longer appropriate, in view of the 
fact that only six Commissioners are currently holding office. 
Accordingly, the quorum required to decide original jurisdiction cases 
will be three votes. Appeals from these decisions will continue to be 
presented to the full Commission under 28 CFR 2.27.

EFFECTIVE DATE: May 11, 1995.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, 550 Friendship Blvd., Chevy Chase, Maryland 20815, Telephone 
(301) 492-5959.

SUPPLEMENTARY INFORMATION: The above-described procedural change 
reduces the quorum of Commissioner votes required to decide an original 
jurisdiction case under 28 CFR 2.17, from four to three. This is a 
procedural change only, and it is expected to permit more expeditious 
decision-making in original jurisdiction cases, without materially 
affecting a prisoner's chances for parole. The guidelines at 28 CFR 
2.20 will continue to govern the merits of the decision to grant, deny, 
or revoke parole, and appeals will be decided by a majority of the 
Commission.

Implementation

    This procedural rule will apply to all original jurisdiction cases 
decided after the effective date shown above, pursuant to 28 CFR 2.17.

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, accordingly, 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).


Sec. 2.17  [Amended]

    (2) 28 CFR Part 2, Sec. 2.17(a) is amended by substituting the 
words ``concurrence of three votes'' for the words ``concurrence of 
four votes''.

    Dated: March 31, 1995.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 95-8914 Filed 4-10-95; 8:45 am]
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