[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25770-25771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12387]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Electronic Issuance of Paroling Violation Warrants

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is amending a regulation that 
requires parole violation warrants to be issued by U.S. Mail. In order 
to expedite the receipt of warrants by the U.S. Marshals Service, the 
regulation is being amended to permit warrants to be sent by electronic 
transmission. Although an alleged parole violator may be arrested by 
authorized officials who have been alerted to the issuance of a warrant 
but have not actually received the warrant, a procedure that will 
ensure the immediate receipt of warrants by arresting authorities will 
avoid confusion as to the Commission's instructions and the parolee's 
status.


[[Page 25771]]


EFFECTIVE DATE: June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, 5550 Friendship Blvd., Chevy Chase, MD 20815. Telephone: (301) 
492-5959.

SUPPLEMENTARY INFORMATION: The Commission has determined that cases of 
confusion over whether a warrant should be executed or placed as a 
detainer (if the alleged parole violator is already in custody on 
another charge) can be readily avoided if the Commission adopts a 
procedure designed to expedite the receipt of warrants by the U.S. 
Marshals Service. Other possibilities for delay and confusion prior to 
the receipt of a signed warrant can also be avoided. The only legal 
obligation under which the Commission operates with respect to the 
issuance of valid warrants is that a warrant must be issued prior to 
the expiration of the parolee's sentence. Issuance and delivery of a 
warrant are separate events. 18 U.S.C. 4213(d) (1976).
    The term ``issue'' means to send out officially. Hervey v. 
Secretary of Health and Human Services, 88 F.3d 1001, 1002 (Fed. Cir. 
1996). The long-accepted definition of the term ``issue'' has never 
been specific as to means of issuance. Accordingly, the Parole 
Commission may, by regulation, define the issuance of a warrant as 
being the electronic transmission of the signed warrant to the 
arresting authorities. The date and time of ``issuance'' of a warrant 
will be the date and time it is transmitted electronically. The signed 
original, having been thus issued, will remain in the Commission's 
file.

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, U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
parole.

The Final Rule

    Accordingly, the U.S. Parole Commission makes the following changes 
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. 2.44 (c) is revised to read as follows:


Sec. 2.44  Summons to appear or warrant for retaking of parolee.

* * * * *
    (c) A summons or warrant may be issued only within the prisoner's 
maximum term or terms except that in the case of a prisoner released as 
if on parole pursuant to 18 U.S.C. 4164, such summons or warrant may be 
issued only within the maximum term or terms, less one hundred eighty 
days. A summons or warrant shall be considered issued when signed and 
either--
    (1) Placed in the mail or
    (2) Sent by electronic transmission to the intended authorities.
* * * * *
    Dated: May 5, 1998.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 98-12387 Filed 5-8-98; 8:45 am]
BILLING CODE 4410-01-P