[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Proposed Rules]
[Pages 17771-17781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9330]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Prisoners Serving Sentences Under the District of Columbia Code

AGENCY: United States Parole Commission, Justice.

ACTION: Proposed rule.

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SUMMARY: The U.S. Parole Commission is proposing to incorporate into 
the Code of Federal Regulations, in amended and supplemented form, the 
regulations of the District of Columbia that govern the paroling 
authority that will be assumed by the U.S. Parole Commission on August 
5, 1998. The paroling authority of the District of Columbia Board of 
Parole will be transferred to the U.S. Parole Commission under the 
National Capital Revitalization and Self-Government Improvement Act of 
1997, which permits the Commission to amend and supplement the 
District's parole regulations pursuant to federal rulemaking 
procedures.

DATES: Comments must be received by June 9, 1998.

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

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 Section 11231 of the National Capital 
Revitalization and Self-Government Improvement Act of 1997 (Pub. L. 
105-33) the U.S. Parole Commission is required, not later than August 
5, 1998,

[[Page 17772]]

to assume the jurisdiction and authority of the Board of Parole of the 
District of Columbia to grant and deny parole, and to impose conditions 
upon an order of parole, in the case of any imprisoned felon who is 
eligible for parole or reparole under the District of Columbia Code. 
The Act requires the Parole Commission to exercise this authority 
pursuant to the parole laws and regulations of the District of 
Columbia, but also gives the Parole Commission exclusive authority to 
amend or supplement any regulation interpreting or implementing the 
parole laws of the District of Columbia with respect to felons, 
provided that the Commission adheres to the rulemaking requirements of 
the Administrative Procedure Act, 5 U.S.C. 553.
    After an extensive review of the relevant regulations of the Board 
of Parole of the District of Columbia, currently set forth in the 
District of Columbia Code of Municipal Regulations, the Commission has 
decided to republish them, with appropriate revisions, in the Code of 
Federal Regulations. The Commission has decided not to leave these 
regulations in the D.C. Code of Municipal Regulations because the 
Revitalization Act makes parole for D.C. Code felons a federal 
function, and rules promulgated by federal agencies pursuant to the 
Administrative Procedure Act are required to be published in the 
Federal Register and the Code of Federal Regulations. Notice of the 
proposed transfer of these rules will also be published in the District 
Register.
    A complete set of parole regulations for District of Columbia 
prisoners will therefore be incorporated into the Code of Federal 
Regulations in addition to the existing regulations that govern all 
other criminal offenders who fall under the Commission's jurisdiction. 
The regulations that govern the remaining functions of the Board of 
Parole of the District of Columbia will continue to be set forth in the 
D.C. Code of Municipal Regulations until the Board is abolished on or 
before August 5, 2000. Before the transfer of that additional 
jurisdiction to the U.S. Parole Commission, those regulations will also 
be reviewed for incorporation into the Code of Federal Regulations.
    The proposed revisions to the D.C. parole regulations that are 
being published at this time fall into three categories.
    First, the Board of Parole's procedural regulations have been 
amended and supplemented to clarify the procedures that the Commission 
proposes to follow in considering District of Columbia prisoners for 
parole. The parole hearing and decision making process will remain 
essentially the same as that of the D.C. Board of Parole, but in many 
instances conformity with existing federal procedures will promote both 
increased fairness and administrative efficiency in the discharge of 
this new function.
    Second, revisions are proposed to reflect recently-enacted District 
of Columbia laws, such as the Medical and Geriatric Parole Act, which 
have not yet been reflected in comprehensive implementing regulations.
    Third, the Commission is proposing to supplement the existing 
parole guidelines of the Board of Parole by adopting an improved point 
score system to replace the scoring system that was removed from the 
Board's regulations by D.C. Law 10-255 (May 16, 1995). The point score 
system used by the D.C. Board of Parole has resulted in a high rate of 
upward departures from the guidelines based upon factors that should be 
included in the guidelines to promote a more structured exercise of 
discretion. These factors most often involve aspects of the prisoner's 
current offense or criminal history that indicate a high level of risk 
to the public safety. The proposal set forth below retains the basic 
framework of the D.C. Parole Board's guidelines, but incorporates 
certain offender characteristics that would otherwise be expected to 
result in decisions outside the guidelines pursuant to 28 DCMR 204.22.
    In this regard, the Parole Commission has undertaken a research 
study to identify those factors related to current offense and criminal 
history that are most closely correlated with violent recidivism. The 
research will be based on a statistical sampling of the current D.C. 
offender population, as well as on comparative federal and State 
samples. The Commission is also making a careful review of the decision 
making patterns of the D.C. Board of Parole itself, in order to 
determine the extent to which the Board's guideline departures reflect 
the factors and correlations under study.
    It is the Commission's intent that the guideline system it 
ultimately adopts for D.C. Code offenders will be informed by 
statistical research that justifies the predictions upon which parole 
decisions must necessarily be made. The proposed guideline table that 
is published for public comment at this time incorporates factors that 
have been traditionally relied upon by both the D.C. Board of Parole 
and the U.S. Parole Commission (when making parole decisions for 
federally-housed D.C. Code prisoners under D.C. Code 24-209) for 
decisions both above and below the guidelines. In light of the research 
results, some factors may be given more or less weight than presently 
proposed, and others may be dropped from the score in favor of factors 
that appear to have greater predictive strength. Although the ``type of 
risk'' factors that relate to a prisoner's potential for violent 
recidivism are given significantly increased weight in the proposed new 
scoring system, increased weight is also given to institutional 
performance. Positive achievement in prison programs, as well as 
negative institutional behavior, will continue to produce appropriate 
adjustments to the ``total point score'' each time a prisoner who has 
been denied parole appears for a reconsideration hearing.

Proposed Implementation

    The Commission proposes that the regulations set forth below be 
made effective as interim rules on August 5, 1998, with a further 
period for public comment. The Commission proposes to re-evaluate the 
rules in the light of further public comment and operational experience 
before adopting final rules.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this proposed rule 
is not a significant rule within the meaning of Executive Order 12866, 
and the proposed rule has, accordingly, not been reviewed by the Office 
of Management and Budget. The proposed rule, if adopted, 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 Proposed Amendment

    Accordingly, the U.S. Parole Commission proposes the following 
amendment to 28 CFR Part 2.

PART 2--[AMENDED]

    1. The authority citation for Part 2 continues to read as follows:

    Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).

    2. By adding three new subparts as follows:

Subpart A--United States Code Prisoners and Parolees

    3. Sections 2.1 through 2.66 (Excepting 2.62) will be designated as

[[Page 17773]]

Subpart A with the heading of Subpart A added as set forth above.

Subpart B--Transfer Treaty Prisoners and Parolees

    4. Section 2.62 will be designated as Subpart B consisting of 
Secs. 2.67 through 2.69 with the heading of Subpart B added as set 
forth above.
    5. Subpart C will be added consisting of Secs. 2.70 through 2.89 to 
read as follows:

    Note: Each proposed section to be included under proposed 
Subpart C is followed by a comment explaining any difference from 
the corresponding rule of the D.C. Board of Parole.

Subpart C--District of Columbia Code Prisoners and Parolees

Sec.
2.70  Authority and functions of the U.S. Parole Commission with 
respect to District of Columbia Code offenders.
2.71  Application for parole.
2.72  Hearing procedure.
2.73  Parole suitability criteria.
2.74  Decision of the Commission.
2.75  Reconsideration proceedings.
2.76  Reduction in minimum sentence.
2.77  Medical parole.
2.78  Geriatric parole.
2.79  Good time forfeiture.
2.80  Procedures for granting parole: Guidelines for D.C. Code 
offenders.
2.81  Efffective date of parole.
2.82  Release planning.
2.83  Release to other jurisdictions.
2.84  Conditions of release.
2.85  Release on parole.
2.86  Mandatory release.
2.87  Confidentiality of parole records.
2.88  Miscellaneous provisions.
2.89  Prior orders of the Board of Parole.

Subpart C--District of Columbia Code Prisoners and Parolees


Sec. 2.70  Authority and functions of the U.S. Parole Commission with 
respect to District of Columbia Code offenders.

    (a) The U.S. Parole Commission shall exercise authority over 
District of Columbia Code offenders pursuant to section 11231 of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997, Pub. L. 105-33, D.C. Code Sec. 24-209. The rules in this Subpart 
shall govern the operation of the U.S. Parole Commission with respect 
to D.C. Code offenders and are the pertinent parole rules of the 
District of Columbia as amended and supplemented pursuant to section 
11231(a)(1) of the Act.
    (b) The Commission shall have sole authority to grant parole, and 
to establish the conditions of release, for all District of Columbia 
Code prisoners serving sentences of more than 180 days for felony 
offenses who are not otherwise ineligible for parole by statute [D.C. 
Code Sec. 24-208] and committed youth offenders [D.C. Code Sec. 24-
804(a)], including offenders who have been returned to prison upon the 
revocation of parole or mandatory release, wherever confined.
    (c) The Commission shall have authority to recommend to the 
Superior Court of the District of Columbia a reduction in the minimum 
sentence of a District of Columbia Code prisoner, if the Commission 
deems such recommendation to be appropriate [D.C. Code Sec. 24-201(c)].
    (d) The Commission shall have authority to grant a parole to a 
prisoner who is found to be geriatric, permanently incapacitated, or 
terminally ill, notwithstanding the minimum term imposed by the 
sentencing court [D.C. Code Secs. 24-263 through 267].
    (e) In the case of an offender committed for observation and study 
under the Youth Rehabilitation Act, the Commission shall have the 
responsibility to report to the committing court within sixty (60) days 
its findings and a recommendation [D.C. Code Sec. 24-803(e)].
    (f) The Board of Parole of the District of Columbia shall continue 
to have sole jurisdiction over District of Columbia Code offenders who 
have been released to parole or mandatory release supervision, 
including the authority to return such offenders to prison upon an 
order of revocation. The jurisdiction and authority of the Board over 
such offenders shall be transferred to the U.S. Parole Commission by 
August 5, 2000.
    Comment: This section sets forth the authority assigned to the 
Parole Commission under the D.C. Revitalization Act and carries forth 
the provisions of 28 DCMR Sec. 100 with two exceptions. First, 28 DCMR 
Sec. 100.10 was not retained as the statutory authority upon which it 
was based has been repealed. Second, 28 DCMR Sec. 100.11 was not 
retained as it is redundant with subsection (b) (derived from 28 DCMR 
Sec. 100.2), which sets forth the Commission's authority regarding 
committed youth offenders in a broader form. This proposed rule also 
reflects a 1993 amendment to the D.C. Code regarding geriatric and 
medical cases, and updates the references in 28 DCMR Sec. 100 regarding 
the Youth Corrections Act to take into account the Youth Rehabilitation 
Act Amendment of 1985.


Sec. 2.71  Application for parole.

    (a) A prisoner (including a committed youth offender) desiring to 
apply for parole shall execute an application form as prescribed by the 
Commission. Such forms shall be available at each institution and shall 
be provided to a prisoner who is eligible for parole consideration. A 
prisoner who receives an initial hearing need not apply for subsequent 
hearings.
    (b) To the extent practicable, the initial hearing for an eligible 
prisoner who has applied for parole shall be held at least 180 days 
prior to the prisoner's date of eligibility for parole.
    (c) A prisoner may knowingly and intelligently waive any parole 
consideration on a form provided for that purpose. A prisoner who 
declines either to apply for or waive parole consideration shall be 
deemed to have waived parole consideration.
    (d) A prisoner who waives parole consideration may later apply for 
parole and be heard during the next visit of the Commission to the 
institution at which the prisoner is confined, provided that the 
prisoner has applied for parole at least 60 days prior to the first day 
of the month in which such visit of the Commission occurs. In no event, 
however, shall such prisoner be heard at an earlier date than that set 
forth in paragraph (b) of this section.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 102 
with two modifications. First, youth offenders will have to complete a 
standard parole application form. Second, the rule provides that 
initial hearings are to be scheduled, where practicable, at least 180 
days before the prisoner's eligibility date. Current D.C. Parole Board 
practice generally provides initial hearings about 60 days prior to the 
prisoner's eligibility date.


Sec. 2.72  Hearing procedure.

    (a) Each eligible prisoner who has applied for parole shall appear 
in person for a hearing before an examiner of the Commission. The 
examiner shall review with the prisoner the guidelines at Sec. 2.80, 
and shall discuss with the prisoner such information as the examiner 
deems relevant, including the prisoner's offense behavior, criminal 
history, institutional record, health status, release plans, and 
community support.
    (b) Hearings may be held in District of Columbia facilities 
(including District of Columbia contract facilities) and federal 
facilities (including federal contract facilities).
    (c) A prisoner appearing for a parole hearing in a District of 
Columbia facility shall not be accompanied by counsel, any relative or 
friend, or any other person (except a staff member of that facility). A 
prisoner appearing for a parole hearing in a federal facility may have 
a representative pursuant to Sec. 2.13(b).

[[Page 17774]]

    (d) A victim of a crime of violence, as defined in D.C. Code 
Sec. 23-103a(a)(3), or a representative from the immediate family of 
the victim if the victim has died, shall have the right to be present 
at the parole hearings of each offender who committed the crime, and to 
offer a statement as to whether or not parole should be granted, 
including information and reasons in support of such statement. Such 
statement may be submitted at the hearing or provided separately. A 
victim or representative may also request permission to appear at the 
offices of the Commission for a hearing conducted by an examiner (or 
other staff member), in lieu of appearing at a parole hearing. Whenever 
new and significant information is provided, the prisoner will be given 
the opportunity to respond. The prisoner may be excluded from the 
hearing room during the appearance of a victim or representative. In 
such case, the prisoner will be given a summary of the information 
presented.
    (e) A tape recording shall be made of the parole hearing. The tape 
recording of a parole hearing shall be available to the prisoner or his 
attorney upon written request to the Commission. See Sec. 2.56(e).
    (f) Attorneys, family members, relatives, friends, or other 
interested persons desiring to submit information pertinent to any case 
may do so by forwarding letters or memoranda to the offices of the 
Commission prior to a scheduled hearing. Such persons may also request 
permission to appear at the offices of the Commission to speak to a 
Commission staff member, provided such request is received at least 30 
days but no more than 90 days prior to the scheduled hearing. The 
purpose of this office visit will be to supplement the Commission's 
record with pertinent factual information concerning the prisoner, 
which shall be placed in the record for consideration at the hearing.
    (g) An office visit at a time other than that set forth in 
paragraph (f) of this section may be authorized only if the Commission 
finds good cause based upon a written request setting forth the nature 
of the information to be discussed. See Sec. 2.22. Notwithstanding the 
above restriction on office visits, written information concerning a 
prisoner may be submitted to the offices of the Commission at any time.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 103 
with the following changes. First, it adds a requirement that the 
examiner discuss with the prisoner the basis for the prisoner's 
guideline calculation. This requirement to discuss the pertinent case 
file information with the prisoner will ensure that the prisoner is 
informed of the information being considered by the Commission, and 
given an opportunity to respond. Second, although the rule retains the 
D.C. prohibition of representatives at parole hearings in District of 
Columbia facilities, it allows a prisoner to have a representative at a 
parole hearing in a federal facility, consistent with the procedure for 
federal prisoners. Third, although 28 DCMR Sec. 103 permits a 
prisoner's supporters to visit the Board to discuss a case at any time, 
the proposed rule requires a prisoner's supporter to request an office 
visit at least 30 days but no more than 90 days before the parole 
hearing so that their input can be included in the record that the 
examiner will consider at the hearing. Under the proposed rule, office 
visits at other times would be permitted only on a showing of good 
cause. Fourth, the rights of victims as set forth in a 1989 amendment 
to D.C. law are spelled out. Victims of violent crimes are given the 
right to appear at the parole hearing, or to request a ``headquarters'' 
hearing if they have relevant testimony to present. Fifth, the rule 
follows federal law at 18 U.S.C. 4208(f) in allowing the prisoner to 
obtain a copy of the tape recording of his parole hearing.


Sec. 2.73  Parole suitability criteria.

    (a) In accordance with D.C. Code Sec. 24-204(a), the Commission 
shall be authorized to release a prisoner on parole in its discretion 
after he or she has served the minimum term of the sentence imposed, or 
after he or she has served one-third of the term or terms for which he 
or she was sentenced, as the case may be, if the following criteria are 
met:
    (1) The prisoner has substantially observed the rules of the 
institution;
    (2) There is reasonable probability that the prisoner will live and 
remain at liberty without violating the law; and
    (3) In the opinion of the Commission, the prisoner's release is not 
incompatible with the welfare of society.
    (b) It is the policy of the Commission with respect to District of 
Columbia Code offenders that the minimum term imposed by the sentencing 
court satisfies the need for punishment in respect to the crime of 
which the prisoner has been convicted, and that the responsibility of 
the Commission is to account for the degree and the seriousness of the 
risk that the release of the prisoner would entail. This responsibility 
is carried out by reference to the Salient Factor Score and the Point 
Assignment Grid at Sec. 2.80.
    Comment: This rule carries forth the statutory criteria for parole 
contained in 28 DCMR Sec. 200. In addition, it explains that the parole 
function for D.C. Code offenders rests on a premise different from that 
of the federal parole guidelines. For D.C. Code offenders, the proposed 
guidelines in Sec. 2.80 of these rules treat the minimum term of 
imprisonment imposed by the court as the measure of basic 
accountability for the offense of conviction. The function of parole 
consideration is to determine whether the prisoner would be ``a 
responsible citizen if he is returned to the community'' and whether 
``release on parole is consistent with the public safety.'' See White 
v. Hyman, 647 A.2d 1175 (D.C. App. 1994). Hence, this provision sets 
forth the Commission's intention to maintain the fundamental structure 
of the D.C. Parole Board's decision-making guidelines, while making 
scoring changes that carry out its purposes more effectively through an 
improved measure of the seriousness of the risk each parole applicant 
poses to the public.


Sec. 2.74  Decision of the Commission.

    (a) Following each initial or subsequent hearing, the Commission 
shall render a decision granting or denying parole, and shall provide 
the prisoner with a Notice of Action that includes an explanation of 
the reasons for the decision. The decision shall ordinarily be issued 
within 21 days of the hearing, excluding holidays.
    (b) Whenever a decision is rendered within the applicable guideline 
established by these rules, it will be deemed a sufficient explanation 
of the Commission's decision for the Notice of Action to specify how 
the guideline was calculated. If the decision is a departure from the 
guidelines, the Notice of Action shall include the reasons for such 
departure.
    (c) Relevant issues of fact shall be resolved by the Commission in 
accordance with Sec. 2.19(c).
    Comment: This is a new rule. It requires the issuance of a 
statement of reasons for parole denial, a procedure not included in 
current District of Columbia Parole Board procedures. Federal practice 
under 18 U.S.C. 4206 is the model for this procedural reform, as well 
as for the 21-day time period for issuing the decision.


Sec. 2.75  Reconsideration proceedings.

    (a) If the Commission denies parole, it may establish an 
appropriate reconsideration date in accordance with the provisions of 
Sec. 2.80; or if the prisoner's mandatory release date will occur 
before the reconsideration date

[[Page 17775]]

deemed appropriate by the Commission pursuant to Sec. 2.80, the 
Commission may order that the prisoner be released by the expiration of 
his sentence, less good time. Any reconsideration date shall be 
calculated from the date of the last hearing.
    (b) Notwithstanding the provisions of paragraph (a) of this 
section, the Commission shall not set a reconsideration date in excess 
of five years from the date of the prisoner's last hearing, nor shall 
the Commission continue a prisoner to the expiration of his or her 
sentence, if more than five years remains from the date of the last 
hearing until the prisoner's scheduled mandatory release.
    (c) The scheduling of a reconsideration date does not imply that 
parole will be granted at the next hearing.
    (d) Prior to the parole reconsideration date, the Commission shall 
review the prisoner's record, including any institutional progress 
report. Based on its review of the record, the Commission may.
    (1) Grant parole without conducting an in-person hearing, or
    (2) Order an in-person hearing.
    (e) Notwithstanding a previously established reconsideration date, 
the Commission may also reopen any case for a special reconsideration 
hearing, as provided in Sec. 2.28, upon the receipt of new and 
significant information concerning the prisoner.
    (f) Upon entering an order revoking parole, the Board of Parole of 
the District of Columbia shall order a reconsideration date pursuant to 
its regulations. However, the Commission shall have sole authority to 
grant or deny reparole to an offender who has been returned to prison 
upon an order revoking parole.
    Comment: This rule carries forth the provisions of 28 DCMR 
Sec. 104; except that the policy of setting continuances for cases by 
reference to the length of the prisoner's sentence is replaced by 
reference to the new time ranges for rehearings that are set forth in 
Sec. 2.80. This change is intended both to reflect actual practice by 
the D.C. Board and to ensure that continuances are selected by 
reference to each prisoner's individual point score. In addition, the 
proposed rule prohibits the scheduling of a reconsideration hearing 
more than five (5) years from the date of the last hearing. At present, 
the D.C. Parole Board may order a reconsideration hearing exceeding 
this limit if it departs from its guidelines. Finally, the proposed 
rule authorizes special reconsideration hearings for new and 
significant information, and spells out the continuing authority of the 
D.C. Parole Board to revoke parole and set rehearing dates.


Sec. 2.76  Reduction in minimum sentence.

    (a) A prisoner who has served three (3) or more years of the 
minimum term of his or her sentence may request the Commission to file 
an application with the sentencing court for a reduction in the minimum 
term pursuant to D.C. Code Sec. 24-201c. The prisoner's request to the 
Commission shall be in writing and shall state the reasons that the 
prisoner believes such request should be granted.
    (b) Approval of a prisoner's request under this section shall 
require the concurrence of a majority of the Commissioners.
    (c) If the Commission approves a prisoner's request under this 
section, an application for a reduction in the prisoner's minimum term 
shall be forwarded to the U.S. Attorney for the District of Columbia 
for filing with the sentencing court. If the U.S. Attorney objects to 
the Commission's recommendation, the U.S. Attorney shall provide the 
government's objections in writing for consideration by the Commission. 
If after consideration of the material submitted, the Commission 
declines to reconsider its previous decision, the U.S. Attorney will 
file the application with the sentencing court.
    (d) If a prisoner's request under this section is denied by the 
Commission, there shall be a waiting period of two (2) years before the 
Commission will again consider the prisoner's request, absent 
exceptional circumstances.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 201 
regarding applications for a reduction of minimum term. In addition, it 
sets forth the arrangement the Commission has with the U.S. Attorney's 
Office regarding the presentation of applications for a reduction in a 
minimum term to the Superior Court.


Sec. 2.77  Medical parole.

    (a) Upon receipt of a report from the institution in which the 
prisoner is confined certifying that the prisoner is terminally ill, or 
is permanently and irreversibly incapacitated by a physical or medical 
condition that is not terminal, the Commission shall determine whether 
or not to release the prisoner on medical parole. Such release may be 
ordered by the Commission, regardless of whether the prisoner's minimum 
sentence has been served. The Commission shall ordinarily make its 
determination within fifteen days of the receipt of the report.
    (b) A prisoner may be granted a medical parole on the basis of 
terminal illness only if:
    (1) The institution medical staff has provided the Commission with 
a prediction that there is a high probability of death within six 
months due to an incurable illness or disease; and
    (2) The Commission finds that:
    (i) The prisoner will not be a danger to himself or others, and
    (ii) Release on parole will not be incompatible with the welfare of 
society.
    (c) A prisoner may be granted a medical parole on the basis of 
permanent and irreversible incapacitation only if the Commission finds 
that:
    (1) The prisoner's condition is such as to render the prisoner 
incapable of committing new crimes; and
    (2) The prisoner will not be a danger to himself or others; and
    (3) Release on parole will not be incompatible with the welfare of 
society.
    (d) The seriousness of the prisoner's crime shall be considered in 
determining whether or not a medical parole should be granted prior to 
completion of a prisoner's minimum sentence.
    (e) The Commission's determination with respect to the grant or 
denial of medical parole shall be final, except that the institution 
may, in its discretion, request the Commission to reconsider its 
decision on the basis of changed circumstances.
    (f) Notwithstanding any other provision of this section--
    (1) A prisoner who has been convicted of first degree murder or who 
has been sentenced for a crime committed while armed under D.C. Code 
Sec. 22-2903, Sec. 22-3202, or Sec. 22-3204(b), shall not be eligible 
for medical parole. (D.C. Code Sec. 24-267); and
    (2) A prisoner shall not be eligible for medical parole on the 
basis of a physical or medical condition that existed at the time the 
prisoner was sentenced (D.C. Code Sec. 24-262).
    Comment: This is a new rule that sets forth criteria and procedures 
for implementing the medical parole provisions at D.C. Code Secs. 24-
261-64, 267.


Sec. 2.78  Geriatric parole.

    (a) Upon receipt of a report from the institution in which the 
prisoner is confined that a prisoner who is at least 65 years of age 
has a chronic infirmity, illness, or disease related to aging, the

[[Page 17776]]

Commission shall determine whether or not to release the prisoner on 
medical parole. Such release may be ordered by the Commission, 
regardless of whether the prisoner's minimum sentence has been served.
    (b) A prisoner may be granted a geriatric parole only if the 
Commission finds that:
    (1) There is a low risk that the prisoner will commit new crimes; 
and
    (2) The prisoner's release would not be incompatible with the 
welfare of society.
    (c) The seriousness of the prisoner's crime, and the age at which 
it was committed, shall be considered in determining whether or not a 
geriatric parole should be granted prior to completion of a prisoner's 
minimum sentence.
    (d) A prisoner, or a prisoner's representative, may apply for a 
geriatric parole by submitting an application to the institution 
medical staff, who shall forward the application accompanied by a 
medical report and any recommendations within 30 days. The Commission 
shall render a decision within 30 days of receiving the application and 
report.
    (e) In determining whether or not to grant a geriatric parole, the 
Commission shall consider the following factors:
    (1) Age of the prisoner;
    (2) Severity of illness, disease, or infirmities;
    (3) Comprehensive health evaluation;
    (4) Institutional behavior;
    (5) Level of risk for violence;
    (6) Criminal history; and
    (7) Alternatives to maintaining geriatric long-term prisoners in 
traditional prison settings. (D.C. Code Sec. 24-265(c)(1)-(7).)
    (f) The Commission's determination with respect to the grant or 
denial of a geriatric parole shall be final, except that the 
institution may, in its discretion, request the Commission to 
reconsider its decision on the basis of changed circumstances.
    (g) Notwithstanding any other provision of this section--
    (1) A prisoner who has been convicted of first degree murder or who 
has been sentenced for a crime committed while armed under D.C. Code 
Sec. 22-2903, Sec. 22-3202, or Sec. 22-3204(b);, shall not be eligible 
for geriatric parole. (D.C. Code Sec. 24-267); and
    (2) A prisoner shall not be eligible for geriatric parole on the 
basis of a physical or medical condition that existed at the time the 
prisoner was sentenced (D.C. Code Sec. 24-262).
    Comment: This is a new rule that sets forth criteria and procedures 
for implementing the geriatric parole provisions at D.C. Code Secs. 24-
261, 263-64, 267.


Sec. 2.79  Good time forfeiture.

    Although a forfeiture of good time will not bar a prisoner from 
receiving a parole hearing, D.C. Code Sec. 24-204 permits the 
Commission to parole only those prisoners who have substantially 
observed the rules of the institution. Consequently, the Commission 
will consider a grant of parole for a prisoner with forfeited good time 
only after a thorough review of the circumstances underlying the 
disciplinary infraction(s) and if the Commission is satisfied that the 
parole date set has required a period of imprisonment sufficient to 
outweigh the seriousness of the prisoner's misconduct.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 205 
in a somewhat modified form to conform to the procedure set forth at 
Sec. 2.6 of these rules. A minor substantive change is that the 
Commission will consider the underlying circumstances of the misconduct 
in setting a date for review hearing rather than set a parole date that 
is contingent on the restoration of forfeited good time by 
institutional officials.


Sec. 2.80  Procedures for granting parole: Guidelines for D.C. Code 
Offenders

    (a) In determining whether an eligible offender should be paroled, 
the Commission shall apply the guidelines set forth in this section. 
The guidelines assign numerical values to the pre- and post-
incarceration factors described in paragraphs (b), (c), (d), and (e) of 
this section pursuant to the Point Assignment Table set forth in 
paragraph (f) of this section. Decisions outside the guidelines may be 
made, where warranted, pursuant to paragraph (m) of this section.
    (b) Salient Factor Score: The offender's Salient Factor Score shall 
be determined by reference to the Salient Factor Scoring Manual in 
Sec. 2.20. The Salient Factor Score is used to assist the Commission in 
assessing the probability that the offender will live and remain at 
liberty without violating the law.
    (c) Violence and Drug Distribution Factors: The Commission shall 
assess the following factors as an aid in determining the risk of 
serious violation conduct (i.e., the seriousness of the violation 
conduct if the offender does recidivate):
    (1) Whether the current offense involved crime(s) of violence;
    (2) Whether the current offense involved the death of a victim;
    (3) Whether the offender was previously convicted of crime(s) of 
violence;
    (4) Whether the current offense involved the possession of a 
firearm;
    (5) Whether the current offense is drug distribution.
    (d) The Commission shall assess whether the offender has been found 
guilty of committing disciplinary infractions while under confinement 
for the current offense.
    (e) The Commission shall assess whether the offender has 
demonstrated sustained or superior achievement in the area of prison 
programs, industries, or work assignments while under confinement for 
the current offense. This factor is considered in determining whether 
the offender will have a lower likelihood of recidivism than indicated 
by the other factors considered.
    (f) Point Assignment Table: Add the applicable points from 
Categories I-III to determine the base point score. Then add or 
subtract the points from Categories IV and V to determine the total 
point score.

                         Point Assignment Table                         
------------------------------------------------------------------------
                                                               (Salient 
               Category I: Risk of recidivism                   factor  
                                                                score)  
------------------------------------------------------------------------
10-8 (Very Good Risk)......................................           +0
7-6 (Good Risk)............................................           +1
5-4 (Fair Risk)............................................           +2
3-0 (Poor Risk)............................................           +3
           Category II: Current or prior violence              (Type of 
                                                                risk)   
Note: Use the greatest applicable subcategory. If no subcategory is     
 applicable, score=0.                                                   
A. High level violence in the current offense, and high                 
 level violence in at least one prior offense..............           +6
B. High level violence in multiple current offenses........           +5

[[Page 17777]]

                                                                        
C. High level violence in the current offense, and other                
 violence in at least two prior offenses...................           +5
D. High level violence in single current offense...........           +4
E. Other violence in current offense, and high level                    
 violence in at least one prior offense....................           +2
F. Other violence in current offense, and other violence in             
 at least two prior offenses...............................           +2
G. Other violence in current offense.......................           +1
 Category III: Death of victim, firearm possession, or drug             
                        distribution                           (Type of 
                                                                risk)   
Note: Use the greatest applicable subcategory. If no subcategory is     
 applicable, score =0.                                                  
A. Current offense was high level or other violence with                
 death of victim resulting.................................           +2
B. Possession of firearm in current offense if current                  
 offense is not scored as high level violence..............           +1
C. Drug distribution in current offense if current offense              
 is not scored as high level or other violence.............           +1
Base Point Score (Total of Categories I-III):                           
IV. Negative Institutional Behavior                                     
Note: Use the greatest applicable subcategory. If no subcategory is     
 applicable, score =0.                                                  
A. Negative institutional behavior involving: (1) assault               
 upon a correctional staff member, (2) possession of a                  
 deadly weapon, (3) setting a fire, or (4) introduction of              
 drugs for purposes of distribution........................           +2
B. Other negative institutional behavior...................           +1
V. Program Achievement                                                  
Note: Use the greatest applicable subcategory. If no subcategory is     
 applicable, score =0.                                                  
A. Acceptable institutional behavior with no program                    
 achievement...............................................            0
B. Acceptable institutional behavior with ordinary program              
 achievement...............................................           -1
C. Acceptable institutional behavior with superior program              
 achievement...............................................           -2
Total Point Score (Total of Categories I-V):                            
------------------------------------------------------------------------

    (g) Definitions and Instructions for Application of Point 
Assignment Score.
    (1) Salient factor score means the salient factor score set forth 
at Sec. 2.20.
    (2) High level violence means any of the following offenses--
    (i) Murder:
    (ii) Voluntary manslaughter;
    (iii) Aggravated assault, mayhem, or malicious disfigurement;
    (iv) Arson of a building;
    (v) Forcible rape or forcible sodomy (first degree sexual abuse);
    (vi) Kidnapping or hostage taking;
    (vii) First degree burglary while armed (burglary of a dwelling 
when a victim is present and an offender is armed);
    (viii) Assault with a deadly weapon upon a law enforcement officer;
    (ix) Extortion or obstruction of justice through violence or 
threats of violence;
    (x) Any offense involving sexual abuse of a person less than 
sixteen years of age;
    (xi) Any felony resulting in ``serious bodily injury.'' (See 
Definition No. 3.)
    (3) Serious bodily injury means bodily injury that involves a 
substantial risk of death, unconsciousness, extreme physical pain, 
protracted and obvious disfigurement, or protracted loss or impairment 
of the function of a bodily member, organ, or mental faculty.
    (4) Other violence means any of the following felony offenses that 
does not qualify as ``high level violence''--
    (i) Robbery;
    (ii) Residential burglary;
    (iii) Any felony arson;
    (iv) Any felony assault;
    (v) Any felony offense involving a threat, or risk, of bodily harm;
    (vi) Any felony offense involving sexual abuse or sexual contact.
    (5) Attempts, conspiracies, and solicitations shall be scored by 
reference to the substantive offense that was the object of the 
attempt, conspiracy, or solicitation; except that Category IIIA shall 
apply only if death actually resulted.
    (6) Current offense means any criminal behavior that is either:
    (i) Reflected in the offense of conviction, or
    (ii) Is not reflected in the offense of conviction but is found by 
the Commission to be related to the offense of conviction (i.e., part 
of the same course of conduct as the offense of conviction).
    (7) Multiple current offenses means two or more incidents of 
criminal behavior committed at different times, or the killing, serious 
wounding or sexual assault of more than one victim whether at the same 
or different times.
    (8) Category IIIA applies if the death of a victim is:
    (i) Caused by the offender, or
    (ii) Caused by an accomplice and the killing was both foreseeable 
and in furtherance of a joint criminal venture.
    (9) Category IIIB applies whenever a firearm is possessed during, 
or used to commit, any offense that is not scored under Category II A, 
B, C, or D. Category IIIB also applies when the current offense is 
felony unlawful possession of a firearm and there is no other current 
offense.
    (10) In some cases, negative institutional behavior that involves 
high level violence will result in a higher score if scored as an 
additional current offense under Category II, than if scored under 
Category IVA. In such cases, treat the conduct as an additional current 
offense under Category II rather than as a disciplinary infraction 
under Category IVA. For example, the murder of another inmate will 
generally result in a higher score if treated as an additional current 
offense under Category II. If negative institutional behavior is 
treated as an additional current offense, points may still be assessed 
under Category IV A or B for other disciplinary infractions.
    (11) Superior Program Achievement means program achievement that is 
beyond the level that the prisoner might ordinarily be expected to 
accomplish, and that is deemed to have a significant impact on the 
offender's likelihood of recidivism. (The Commission may, in its 
discretion, grant more than a 2 point deduction in the most clearly 
exceptional cases.)
    (h) Guidelines for Decisions at Initial Hearing--Adult Offenders: 
In considering whether to parole an adult offender at an initial 
hearing, the Commission shall determine the offender's total point 
score and then consult the following guidelines for the appropriate 
action:

[[Page 17778]]



------------------------------------------------------------------------
        Total points                   Guideline recommendation         
------------------------------------------------------------------------
(1) IF POINTS=0.............  Parole at initial hearing with low level  
                               of supervision required.                 
(2) IF POINTS=1.............  Parole at initial hearing with high level 
                               of supervision required.                 
(3) IF POINTS=2.............  Parole at initial hearing with highest    
                               level of supervision required.           
(4) IF POINTS=3+............  Deny parole at initial hearing and        
                               schedule rehearing in accordance with    
                               Sec.  2.75(c) and the time ranges set    
                               forth in paragraph (j) of this section.  
------------------------------------------------------------------------

    (i) Guidelines for Decisions at Initial Hearing--Youth Offenders. 
In considering whether to parole a youth offender at an initial 
hearing, the Commission shall determine the youth offender's total 
point score and then consult the following guidelines for the 
appropriate action:

------------------------------------------------------------------------
        Total points                   Guideline recommendation         
------------------------------------------------------------------------
(1) IF POINTS=0-2...........  Parole at initial hearing with conditions 
                               established to address treatment needs;  
(2) IF POINTS=3+............  Deny parole at initial hearing and        
                               schedule a rehearing based on estimated  
                               time to achieve program objectives or by 
                               reference to the time ranges in paragraph
                               (j) of this section, whichever is less.  
------------------------------------------------------------------------

    (j) Guidelines for Time to Rehearing. (1) If parole is denied, the 
time to the subsequent hearing shall be determined by the following 
guidelines:

------------------------------------------------------------------------
                                                               Months to
          Base point score (categories I through IV)           rehearing
------------------------------------------------------------------------
0-4..........................................................      12-18
 4 ..........................................................      12-18
 5 ..........................................................      18-24
 6 ..........................................................      18-24
 7 ..........................................................      20-26
 8 ..........................................................      20-26
 9 ..........................................................      24-30
 10 .........................................................      28-34
 11 .........................................................      32-38
------------------------------------------------------------------------

    (2) The time to a rehearing shall in every case be determined by 
the prisoner's base point score, and not by the total point score at 
the current hearing.
    (k) Guidelines for Decisions at Subsequent Hearing--Adult 
Offenders. In determining whether to parole an adult offender at a 
subsequent hearing, the Commission shall take the total point score 
from the initial hearing or last rehearing, as the case may be, and 
adjust that score according to the institutional record of the 
candidate since the last hearing. The following guidelines are 
applicable:

------------------------------------------------------------------------
        Total points                   Guideline recommendation         
------------------------------------------------------------------------
(1) IF POINTS=0-3...........  Parole with highest level of supervision  
                               required.                                
(2) IF POINTS=4+............  Deny parole at initial hearing and        
                               schedule rehearing in accordance with    
                               Sec.  2.75(c) and the time ranges set    
                               forth in paragraph (j) of this section.  
------------------------------------------------------------------------

    (l) Guideline for Decisions at Subsequent Hearing--Youth Offenders. 
In determining whether to parole a youth offender appearing at a 
subsequent hearing, the Commission shall take the total point score 
from the initial hearing or last rehearing, as the case may be, and 
adjust that score according to the institutional record of the 
candidate since the last hearing. The following guidelines are 
applicable:

------------------------------------------------------------------------
        Total points                   Guideline recommendation         
------------------------------------------------------------------------
(1) IF POINTS=0-3...........  Parole with highest level of supervision  
                               required.                                
(2) IF POINTS=4+............  Deny parole and schedule a rehearing based
                               on estimated time to achieve program     
                               objectives or by reference to the time   
                               ranges in paragraph (j) of this section, 
                               whichever is less.                       
------------------------------------------------------------------------

    (m) Decisions Outside the Guidelines.
    (1) The Commission may, in unusual circumstances, waive the Salient 
Factor Score and the pre- and post-incarceration factors set forth in 
this section to grant or deny parole to a parole candidate 
notwithstanding the guidelines, or to schedule a reconsideration 
hearing at a time different from that indicated in paragraph (j) of 
this section. Unusual circumstances are case-specific factors that are 
not fully taken into account in the guidelines, and that are relevant 
to the grant or denial of parole. In such cases, the Commission shall 
specify in the Notice of Action the specific factors that it relied on 
in departing from the applicable guideline or guideline range.
    (2) Factors that may warrant a decision above the guidelines 
include, but are not limited to, the following:
    (i) Poorer Parole Risk Than Indicated By Salient Factor Score: The 
offender is a poorer parole risk than indicated by the salient factor 
score because of--
    (A) Repeated failure under parole supervision;
    (B) Lengthy history of criminally related substance (drug or 
alcohol) abuse; or
    (C) Unusually extensive prior record of felony offenses.
    (ii) More Serious Parole Risk: The offender is a more serious 
parole risk than indicated by the total point score because of--
    (A) Extensive record of high level violence beyond that taken into 
account in the guidelines;
    (B) Current offense aggravated by extraordinary criminal 
sophistication or leadership role;
    (C) Unusual cruelty or extremely vulnerable victim;
    (D) Unusual degree of violence attempted or committed in relation 
to type of current offense; or
    (E) Unusual magnitude of offense in terms of money, drugs, weapons, 
or other commodities involved.

[[Page 17779]]

    (3) Factors that may warrant a decision below the guideline 
include, but are not limited to, the following:
    (i) Better Parole Risk Than Indicated by Salient Factor Score. The 
offender is a better parole risk than indicated by the salient factor 
score because of (applicable only to offenders who are not already in 
the very good risk category)--
    (A) A prior criminal record resulting exclusively from minor 
offenses;
    (B) A substantial crime-free period in the community for which 
credit is not already given on the Salient Factor Score;
    (C) A change in the availability of community resources leading to 
a better parole prognosis;
    (ii) Other Factors:
    (A) Substantial cooperation with the government that has not been 
otherwise rewarded;
    (B) Substantial period in custody on other sentence(s) or 
additional committed sentences.
    (C) Poor medical prognosis.
    Comment: This section carries forth the provisions of DCMR Sec. 204 
in modified form. This revision of the D.C. Board's guideline system 
retains its fundamental three-part structure (the salient factor score, 
the total point score, and the grant/denial policy). The guideline 
system continues to serve as a measurement of both the degree and 
seriousness of the risk to the public safety presented in each case. 
The policy of permitting parole to be granted at initial hearings for 
those who merit 0-2 points on the ``total point score,'' and permitting 
parole to be granted at rehearings for those who merit 0-3 points, is 
also retained. However, the relevant factors listed in the point score 
as indicating ``seriousness of the risk'' have been revised 
substantially along with the number of points assigned to each relevant 
factor. The purpose of the revisions is to produce a score that 
differentiates better as to the probability of violent or otherwise 
extremely serious offenses (e.g., murder, rape, assault with serious 
bodily injury). Thus, the revised score includes more factors which 
appear to indicate an increased probability that recidivism (if it 
occurs) will be of an extremely serious nature. At the same time, the 
possible points for superior program achievement in prison also are 
increased.
    The primary intent is to capture within the guidelines the many 
decisions that are now outside the guidelines because of the D.C. 
Board's well-founded concerns about the ``seriousness of the risk.'' 
The Parole Commission itself has found it necessary to depart from the 
D.C. parole guidelines based on the same concerns. See Duckett v. U.S. 
Parole Commission, 795 F. Supp. 133 (M.D. Pa. 1992) (current offenses 
involved multiple separate crimes of violence not reflected by the 
point score).
    The total point score thus revised permits (in the typical worst-
case scenario) a violent repeat offender to receive as many as 11 
points. However, point scores only go to this level if there are 
extraordinary aggravating factors produced by the offender's own 
repeated return to the most serious possible violent criminal 
behaviors. If the offender's past record is less serious, the total 
point score will be correspondingly lower and will permit parole based 
on good behavior over a sufficient period of time in prison. What 
constitutes a ``sufficient period of time in prison'' is determined by 
the need to incapacitate the offender according to the risk level he or 
she presents, as reflected in the Guidelines for Time to Rehearing at 
Sec. 2.80(j).


Sec. 2.81  Effective date of parole.

    (a) A parole release date may be granted up to nine months from the 
date of the hearing in order to permit placement in a halfway house or 
to allow for release planning. Otherwise, a grant of parole shall 
ordinarily be effective not more than six months from the date of the 
hearing.
    (b) Except in the case of a medical or geriatric parole, a parole 
that is granted prior to the completion of the prisoner's minimum term 
shall not become effective until the prisoner becomes eligible for 
release on parole.
    Comment: This rule carries forth the provisions of 28 DCMR 
Sec. 202.2, but follows federal practice by permitting an effective 
date of parole up to 9 months in advance. The D.C. Parole Board rule 
does not specify any time period. The proposed rule also provides that 
parole dates will be set no more than 6 months in advance if placement 
in a halfway house is not required. This policy will leave the 
Commission with the flexibility to ensure adequate release planning 
before any prisoner is released on parole. Difficulties in determining 
the adequacy of release plans, and in the availability of necessary 
halfway house resources, are presently serious issues that can impede 
the releases of many D.C. Code prisoners.


Sec. 2.82  Release planning.

    (a) All grants of parole shall be conditioned on the development of 
a suitable release plan and the approval of that plan by the 
Commission. A release certificate shall not be issued until a release 
plan has been approved by the Commission.
    (b) After investigation by field staff, the proposed release plan 
shall be submitted to the Commission by the Department of Corrections 
or Bureau of Prisons, depending upon the institution in which the 
prisoner is confined.
    (c) If parole has been granted, but the prisoner has not submitted 
a proposed release plan, the appropriate institution staff shall assist 
the prisoner in formulating a release plan for investigation.
    (d) The Commission may retard a parole date for purposes of release 
planning for up to 120 days without a hearing. If efforts to formulate 
and verify an acceptable parole plan prove futile by the expiration of 
such period, the Commission shall be promptly notified in a detailed 
report. If the Commission does not order the prisoner to be released, 
the Commission shall suspend the grant of parole and conduct a 
reconsideration hearing on the next available docket. Following such 
reconsideration hearing, the Commission may deny parole if it finds 
that the release of the prisoner without a suitable plan would fail to 
meet the criteria set forth in Sec. 2.73. However, if the prisoner 
subsequently presents an acceptable release plan, the Commission may 
reopen the case and issue a new grant of parole.
    (e) The following shall be considered in the formulation of a 
suitable release plan: (1) Evidence that the parolee will have an 
acceptable residence.
    (2) Evidence that the parole will be legitimately employed 
immediately upon release; provided, that in special circumstances, the 
requirement for immediate employment upon release may be waived by the 
Commission.
    (3) Evidence that the necessary aftercare will be available for 
parolees who are ill, or who have any other demonstrable problems for 
which special care is necessary, such as hospital facilities or other 
domiciliary care; and
    (4) Evidence of availability of, and acceptance in, a community 
program in those cases where parole has been granted conditioned upon 
acceptance or participation in a specific community program.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 208 
regarding release planning. Express authority is added for the 
Commission to rescind a grant of parole if failure to produce an 
acceptable release plan persuades the Commission that the release of 
the prisoner would lead to rapid failure in the community.

[[Page 17780]]

Sec. 2.83  Release to other jurisdictions.

    The Commission, in its discretion, may parole any individual from a 
facility of the District of Columbia, to live and remain in a 
jurisdiction other than the District of Columbia, if the authorities of 
that state accept the prisoner for supervision, and suitable release 
plans have been developed and approved by the Commission. If an 
individual is paroled from a federal facility to a jurisdiction other 
than the District of Columbia, supervision shall be provided by the 
local U.S. Probation Office at the request of the Commission.
    Comment: This rule carries forth that part of 28 DCMR Sec. 209 that 
concerns release to other jurisdictions.


Sec. 2.84  Conditions of release.

    (a) Parole is granted subject to the conditions imposed by the 
Commission as set forth in the Certificate of Parole. These conditions 
shall include, but not be limited to, the following. The parolee must:
    (1) Obey all laws;
    (2) Report immediately upon release to his or her assigned parole 
office for instructions;
    (3) Remain within the geographic limits fixed in the parole 
certificate unless official approval is obtained;
    (4) Refrain from visiting illegal establishments;
    (5) Refrain from possessing, selling, purchasing, manufacturing or 
distributing any controlled substance, or related paraphernalia;
    (6) Refrain from using any controlled substance or drug 
paraphernalia unless such usage is pursuant to a lawful order of a 
practitioner and the parolee promptly notifies the Commission and his 
or her parole officer of same;
    (7) Be screened for the presence of controlled substances by 
appropriate tests as may be required by the Board of Parole or the 
Parole Officer;
    (8) Refrain from owning, possessing, using, selling, or having 
under his or her control any firearm or other deadly weapon;
    (9) Find and maintain legitimate employment, and support legal 
dependents;
    (10) Keep the parole officer informed at all times relative to 
residence and work;
    (11) Refrain from entering into any agreement to act as an informer 
or special agent for any law enforcement agency; and
    (12) Cooperate with the officials responsible for his or her 
supervision and carry out all instructions of his or her parole officer 
and such special conditions as may have been imposed.
    (b) The Commission may add to, modify, or delete any condition of 
parole at any time prior to the release of the offender.
    Comment: This rule carries forth the provisions of 28 DCMR Sec. 207 
pertaining to the conditions of parole.


Sec. 2.85  Release on parole.

    (a) Where a parole release date has been set, actual release on 
parole on that date shall be conditioned upon the individual 
maintaining a good institutional conduct record and the approval of a 
satisfactory release plan.
    (b) The Commission may reconsider any grant of parole prior to the 
prisoner's actual release on parole, and may advance or postpone the 
effective release date, or rescind and deny a parole previously 
granted.
    (c) After a prisoner has been granted parole, the institution shall 
notify the Commission of any serious breach of institutional rules 
committed by the prisoner prior to the date of actual release. In such 
case, the prisoner shall not be released until the institution has been 
advised that no change has been made in the Commission's order granting 
parole.
    (d) A grant of parole becomes operative upon the authorized 
delivery of a certificate of parole to the prisoner, and the signing of 
that certificate by the prisoner, who thereafter becomes a parolee 
subject to the jurisdiction of the Board of Parole of the District of 
Columbia.
    Comment: This carries forth the provisions of 28 DCMR Sec. 207 
regarding release on parole. In addition, it specifies exactly when a 
parole becomes operative, based on 28 CFR 2.29(a).


Sec. 2.86  Mandatory release.

    (a) When a prisoner has been denied parole at the initial hearing 
and all subsequent considerations; or parole consideration is expressly 
precluded by statute, the prisoner shall be released at the expiration 
of his or her imposed sentence less the time deducted for any good time 
allowances provided by statute.
    (b) Any prisoner having served his or her term or terms less 
deduction for good time shall, upon release, be deemed to be released 
on parole until the expiration of the maximum term or terms for which 
he or she was sentenced, less one hundred eighty (180) days.
    (c) Each prisoner released in accordance with this section shall be 
under the jurisdiction of the Board of Parole of the District of 
Columbia and subject to parole supervision, upon the authorized 
delivery of a certificate of mandatory release.
    Comment: This rule carries forth the provisions of 28 DCMR 
Sec. 212.


Sec. 2.87  Confidentiality of parole records.

    (a) Consistent with the Privacy Act of 1974 (5 U.S.C. 552(b)), the 
contents of parole records shall be confidential and shall not be 
disclosed outside the Commission except as provided below.
    (b) Information that is subject to release to the general public 
without the consent of the prisoner shall be limited to the information 
specified in Sec. 2.37(c).
    (c) Information other than as described in paragraph (b) of this 
section may be disclosed without the consent of the prisoner only 
pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552(b)). See Sec. 2.56.
    Comment: This carries forth the operative provisions of 28 DCMR 
Sec. 101. It maintains the confidentiality of D.C. Board parole files 
while conforming the regulations to federal parole practice under the 
Privacy Act of 1974.


Sec. 2.88  Miscellaneous provisions.

    Except to the extent otherwise provided by law, the following 
sections in subpart A of this part are also applicable to District of 
Columbia Code offenders:

2.5  (Sentence aggregation)
2.7  (Committed fines and restitution orders)
2.8  (Mental competency procedures)
2.10  (Date service of sentence commences)
2.16  (Parole of prisoner in State, local, or territorial institution)
2.19  (Information considered)
2.22  (Communication with Commission)
2.23  (Delegation to hearing examiners)
2.32  (Parole to local or immigration detainers)

    Comment: This rule sets forth the provisions from Part A of these 
rules that, except to the extent otherwise provided by law, shall also 
apply to District of Columbia Code prisoners.


Sec. 2.89  Prior orders of the board of parole.

    Any order entered by the Board of Parole of the District of 
Columbia, in a case within the proper jurisdiction of the Board, shall 
be accorded the status of an order of the Parole Commission unless duly 
reconsidered and changed by the Commission.
    Comment: This is a new rule that is necessary to clarify the status 
of prior orders of the D.C. Board (parole grants, denials, revocations, 
etc.) as of August 5, 1998. It maintains the Commission's longstanding 
practice of respecting all prior D.C. Board orders when a D.C. Code 
offender enters federal jurisdiction.


[[Page 17781]]


    Dated: April 3, 1998.
Michael J. Gaines,
Chairman, Parole Commission.
[FR Doc. 98-9330 Filed 4-9-98; 8:45 am]
BILLING CODE 4410-01-P