[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40094-40095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19314]



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DEPARTMENT OF JUSTICE
28 CFR Part 2


Parole Date Advancements for Substance Abuse Treatment Program 
Completion

AGENCY: Parole Commission, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: The U.S. Parole Commission is amending 28 CFR 2.60 to permit a 
prisoner to be considered for a special advancement of his presumptive 
release date, by up to twelve months, if the prisoner is a non-violent 
offender who has completed a treatment program for a recognized problem 
of substance abuse. Although 28 CFR 2.60 already sets forth a schedule 
of permissible advancements for superior program achievement, the 
Commission is adding the above-described provision in order to provide 
to parole-eligible prisoners an incentive to complete the treatment 
program that is comparable to the incentive under 18 U.S.C. 3621(e)(2) 
that will be available from the Bureau of Prisons for federal prisoners 
serving sentences for crimes committed after November 1, 1987.

DATES: Effective Date: October 2, 1995. Comments must be submitted by 
October 31, 1995.

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


[[Page 40095]]

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, Telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: The rationale for this amendment of the 
Commission's policy of rewarding superior program achievement is 
described in the supplementary information for the proposed rule. 60 FR 
26010-11. The interim rule permits the advancement of a prisoner's 
presumptive release date by up to twelve months for successfully 
completing a residential substance abuse treatment program. This 
provision comports with the permissible prison term reduction 
identified by the Bureau of Prisons in its own interim rule on the 
subject. 60 FR 27695. The existing schedule of permissible reductions 
in paragraph (e) of Sec. 2.60 will not limit the reward which may be 
granted under the interim rule for completing the residential drug 
abuse treatment program. Any reduction under the new policy will be in 
addition to any other advancement for superior program achievement in 
areas unrelated to participation in substance abuse treatment programs. 
The proposed rule included a provision that stated the Commission's 
intent that the normal reduction under the policy would be twelve 
months, with certain exceptions. The Commission decided that a precise 
definition of its policy should be postponed until both the Bureau of 
Prisons and the Commission obtain experience in the implementation of 
the agencies' respective rules, and therefore is publishing this rule 
on an interim basis, with request for further public comment. For the 
Parole Commission, the need is to determine whether the interim rule 
can be implemented consistently with the statutory criteria for parole 
at 18 U.S.C. 4206 (1976). If this does not appear feasible, the 
Commission may amend or withdraw the interim regulation.
    A comment favoring adoption of the proposed rule was received from 
a representative of the National Association of Criminal Defense 
Lawyers. This comment encouraged the Commission to revise its proposal 
to allow the advancement of the prisoner's presumptive release date 
even if the prisoner had a prior history of violent offenses. The 
representative noted that the Commission's practice would otherwise 
diverge from that proposed by the Bureau of Prisons, which would be 
limited to the prisoner's offense of conviction as a basis for deciding 
whether the prisoner should be eligible for early release. The 
Commission did not adopt the recommended revision since the criteria it 
must follow in making parole decisions require it to consider the 
``history and characteristics'' of the eligible prisoner and whether 
his release would jeopardize the public welfare. See 18 U.S.C. 
4206(a)(2). The Commission must consider relevant information as to the 
prisoner's capacity for violence which the Bureau of Prisons may not be 
required to consider in granting prison term reductions under 18 U.S.C. 
3621(e). In addition, the Commission notes that the Bureau has 
determined that it will not consider the prisoner for early release if 
his prior criminal record includes a conviction for homicide, forcible 
rape, robbery, or aggravated assault. 60 FR 27692, 27695.

Implementation

    Prisoners will be considered for advancements under the interim 
rule at any hearing or pre-release record review that is conducted on 
or after October 2, 1995. The Commission will not reopen cases for 
prisoners who have a release date with no further hearing or review 
scheduled. For prisoners who are given hearings or reviews on or after 
October 2, 1995, the Commission may consider an advancement of the 
prisoner's presumptive release date under the interim rule even if 
completion of a residential substance abuse treatment program occurred 
prior to the effective date of the rule.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this interim rule is 
not a significant rule within the meaning 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 Amendment

    Accordingly, the U.S. Parole Commission is adopting the following 
amendments 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. 2.60 is amended by adding new paragraphs 
(g) and (h), to read as follows:

Sec. 2.60   Superior program achievement.

* * * * *

    (g) Upon notification by the Bureau of Prisons that a prisoner who 
has a recognized problem with substance abuse, has successfully 
completed residential substance abuse treatment (in conformity with the 
criteria set forth for non-parolable prisoners in 18 U.S.C. 3621(e)), 
the Commission will consider such prisoner for a special advancement, 
by up to twelve months, of the presumptive release date previously set. 
Such advancement may be made even though the Schedule of Permissible 
Reductions in paragraph (e) of this section provides a permissible 
reduction of less than twelve months, and shall be in addition to any 
other advancement granted under this section. However, if the prisoner 
has already received an advancement of his presumptive parole date (or, 
in the case of a prisoner who has been continued to expiration, has 
received extra good time credit) for participation in a residential 
substance abuse treatment program, and the advancement (or good time 
credit) equals or exceeds the advancement that would be granted under 
this paragraph, no further advancement shall be granted.

    (h) Any advancement under this section (including a special 
advancement for completion of residential substance abuse treatment) is 
subject to forfeiture, in whole or in part, whenever a presumptive 
parole date is rescinded pursuant to Sec. 2.34. In the case of a 
special advancement under paragraph (g) of this section, the entire 
advancement shall be forfeited if the Commission finds that the 
prisoner has engaged in usage, possession, or distribution of any 
controlled substances subsequent to program completion.

    Dated: July 27, 1995.

Edward F. Reilly, Jr.,

Chairman, Parole Commission.

[FR Doc. 95-19314 Filed 8-4-95; 8:45 am]

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