[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51349-51350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24196]



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DEPARTMENT OF JUSTICE
28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Modification of Parole Conditions

AGENCY: Parole Commission, Justice.
ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is revising the regulation that 
describes the statutory procedure that the Commission must follow 
whenever it changes a parolee's conditions of parole. The current 
regulation omits reference to an important exception to the statutory 
requirement that each parolee be given ten days to comment on any 
modification of the conditions of parole before it goes into effect. 
The Commission may waive the ten-day notice procedure when it 
determines that an immediate modification of the conditions of parole 
is necessary to prevent harm to the parolee or the public. Although the 
Commission presently has the statutory authority to apply this 
exception, and does so when circumstances warrant, the Commission has 
determined that its regulation should be amended to describe this 
authority.
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: In 1976, Congress enacted 18 U.S.C. 4209, 
which authorizes the Commission to impose conditions of parole, and to 
modify those conditions provided that notice is given to the parolee, 
and ten days to provide comment, before such modification takes effect. 
The ten-day notice provision could only be waived following a 
revocation hearing, or in response to a request by the parolee. In 
1986, Congress amended 18 U.S.C. 4209 to permit the Parole Commission 
to waive the ten-day notice provision whenever necessary to prevent 
immediate harm to the parolee or the public.
    The Parole Commission has made use of that statutory authority to 
order modifications of parole conditions when urgently needed to 
protect the public safety. However, the Commission did not amend its 
regulation at 28 CFR 2.40(g), in order to update the description of the 
Commission's statutory authority that is contained in that regulation. 
The revised regulation promulgated herein corrects that omission.

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 
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. 2.40(g) is revised to read as follows:


Sec. 2.40  Conditions of release.

* * * * *
    (g) The ten-day notice provision of paragraph (b) of this section 
shall not 

[[Page 51350]]
apply to a modification of the conditions of parole
    (1) Following a revocation hearing,
    (2) Upon a finding that immediate modification of the conditions of 
parole is required to prevent harm to the parolee or the public, or
    (3) In response to a request by the parolee under paragraph (f) of 
this section.
* * * * *
    Dated: September 21, 1995.
Jasper R. Clay, Jr.,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 95-24196 Filed 9-29-95; 8:45 am]
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