[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Page 51350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24194]



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DEPARTMENT OF JUSTICE
28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: Pre-
Release Reviews of Parole Dates

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is changing the definition of the 
term ``effective date of parole'' to refer to a parole that has been 
given final approval, without further review, within nine months of the 
prisoner's scheduled release. Under the current rule, the final review 
and approval of a parole date can only occur within six months of the 
prisoner's release. Until such final review and approval, a parole date 
is presumptive only. The purpose of this rule change is to streamline 
the review process, and to avoid delays in the release planning efforts 
of prison staff. It does not otherwise change the paroling practices of 
the Commission.

EFFECTIVE DATE: November 1, 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: Under the federal parole system, an eligible 
prisoner (i.e., a prisoner whose crime was committed prior to November 
1, 1987), may be given a presumptive parole date up to fifteen years in 
advance. The date is ``presumptive'' because it is subject to periodic 
interim hearings under 18 U.S.C. 4208(h), and to a final pre-release 
review and approval six months prior to the scheduled release of the 
prisoner. 28 CFR 2.14(b).
    The Bureau of Prisons submits a progress report on each prisoner 
who has a presumptive parole date, six to nine months in advance of 
that date. Because 28 CFR 2.1(h) requires the Commission to delay its 
review until 180 days prior to the date, delays can occur in the 
release planning efforts of Bureau of Prisons staff. In order to avoid 
such delays, the Commission has decided to amend 28 CFR 2.1(h) to 
permit the Commission to convert a presumptive date of parole to an 
effective date of parole (i.e., a parole date that is not subject to 
further review) nine months prior to that date. Certain other rules are 
also amended, in order to conform with this change.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this 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.

    Accordingly, the U.S. Parole Commission adopts the following 
amendments to 28 CFR Part 2:

The Final Rule

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. 2.1(h) is revised to read as follows:


Sec. 2.1  Definitions.

* * * * *
    (h) The term effective date of parole refers to a parole date that 
has been approved following an in-person hearing held within nine 
months of such date, or following a pre-release record review.
* * * * *


Sec. 2.12  [Amended]

    3. 28 CFR Part 2, Sec. 2.12(a) is amended by substituting ``nine 
months'' for ``six months.''


Sec. 2.14  [Amended]

    4. 28 CFR Part 2, Sec. 2.14(a)(1)(ii) is amended by substituting 
``nine months'' for ``six months'' wherever the latter words occur.
    5. 28 CFR Part 2, Sec. 2.14(a)(2)(iv) is amended by substituting 
``nine months'' for ``six months.''
    6. 28 CFR Part 2, Sec. 2.14(b)(3) is amended by substituting ``nine 
months'' for ``six months'' wherever the latter words occur.


Sec. 2.29  [Amended]

    7. 28 CFR Part 2, Sec. 2.29(b) is amended by substituting ``nine 
months'' for ``six months.''

    Dated: September 21, 1995.
Jasper R. Clay, Jr.,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 95-24194 Filed 9-29-95; 8:45 am]
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