[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Rules and Regulations]
[Pages 57060-57062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28629]


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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: Interim rule; amendments.

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SUMMARY: The U.S. Parole Commission is amending the Point Assignment 
Table it uses to determine the suitability for parole of prisoners 
serving sentences under the District of Columbia Code. The amended 
Point Assignment Table is intended to clarify the scoring instructions 
pertaining to prisoners whose crimes involve violence, and to make it 
clear that a prisoner who has negative institutional behavior can 
improve his record and gain credit for subsequent program achievement. 
These amendments are intended to ensure that the Point Assignment Table 
serves as a reliable measure of risk in the case of violent offenders, 
as well as an accurate of measure of a prisoner's institutional record.

DATES: Effective Date: October 26, 1998. Comments must be received by 
December 1, 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

[[Page 57061]]

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 assumed, on August 5, 1998, 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. At 63 FR 
39176, Part IV (July 21, 1998), the Commission published interim 
regulations, with a request for public comments, to govern this new 
function. These regulations contain a Point Assignment Table that 
measures the risk of recidivism, the seriousness of the risk, and the 
institutional record presented by each parole applicant. See 28 CFR 
2.80(f).
    Use of the Point Assignment Table since August 5, 1998 has shown 
the need for clarification in some of the application instructions. The 
amended Point Assignment Table will: (1) Clarify that points scored 
under Category III for ``high level violence'' are always added to 
points scored under Category II for ``violence in current offense;'' 
(2) clarify Category III by explaining that ``other high level 
violence'' means any offense involving ``high level violence'' except a 
homicide or attempted murders; (3) amend Category IV by distinguishing 
between ``aggravated'' and ``ordinary'' negative institutional 
behavior; and (4) amend Category V by deleting the requirement for 
``acceptable institutional behavior'' so that Category V does not 
conflict with the provision in Sec. 2.80(d) that permits the deduction 
of points for positive program achievement despite prior ``negative 
institutional behavior'' during the same time period. (This provision 
is intended to encourage prisoners to improve their conduct.)
    It is to be emphasized that these are not substantive changes to 
the Point Assignment Table, which has been implemented by the 
Commission since August 5, 1998, in a manner consistent with the 
amended instructions.
    As implemented since August 5, 1998, the Point Assignment Table at 
Sec. 2.80 appears to be fulfilling the purpose of providing an improved 
measure of the risk to the public safety presented by candidates for 
parole. Preliminary figures show that decisions to override the Point 
Assignment Table and deny parole notwithstanding a favorable Total 
Point Score have occurred in approximately ten percent of the cases 
decided since August 5, 1998. On the other hand, approximately 40 
percent of the cases decided under the revised Point Assignment Table 
were granted parole. (These are prisoners without significant prior 
records or aggravated current offense factors.) This is consistent with 
historical rates of parole, on both state and federal levels, in the 
United States.
    The interim regulations, including the Point Assignment Table at 
Sec. 2.80, remain open for public comment, and will be subject to 
revision by the Commission as further experience is gained.

Good Cause Finding

    The Commission is making these amendments effective on the date of 
this publication for good cause pursuant to 5 U.S.C. 553(d)(3). This is 
because the Point Assignment Table is currently being implemented, and 
the amendments are intended to clarify the Commission's current 
decisionmaking practice.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this amended interim 
rule is not a significant rule within the meaning of Executive Order 
12866, and the amended interim rule has, accordingly, not been reviewed 
by the Office of Management and Budget. The amended interim 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).

Subpart C--District of Columbia Code Prisoners and Parolees

    2. The Point Assignment Table at Sec. 2.80(f) is revised to read as 
follows:


Sec. 2.80  Guidelines for D.C. Code Offenders.

* * * * *
    (f) Point assignment table.
* * * * *

                         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 highest applicable subcategory. If no subcategory is
                         applicable, score = 0.
A. Violence in current offense, and any felony violence in
 two or more prior offenses................................           +4
B. Violence in current offense, and any felony violence in
 one prior offense.........................................           +3
C. Violence in current offense.............................           +2
D. No violence in current offense and any felony violence
 in two or more prior offenses.............................           +2
E. Possession of firearm in current offense if current
 offense is not scored as a crime of violence..............           +2
F. No violence in current offense and any felony violence
 in one prior offense......................................           +1
------------------------------------------------------------------------

[[Page 57062]]

    Category III: Death of Victim or High Level Violence
------------------------------------------------------------------------
      Note: Use highest applicable subcategory. If no subcategory is
    applicable, score = 0. A current offense that involved high level
  violence must be scored under both Category II (A, B, or C) and under
                             Category III.
A. Current offense was high level or other violence with
 death of victim resulting:................................           +3
B. Current offense involved attempted murder:..............           +2
C. Current offense involved high level violence (other than
 homicide or attempted murder):............................           +1
------------------------------------------------------------------------
        Base Point Score (Total of Categories I-III)
------------------------------------------------------------------------
        Category IV: Negative Institutional Behavior
------------------------------------------------------------------------
   Note: Use the highest applicable subcategory. If no subcategory is
                         applicable, score = 0.
A. Aggravated negative institutional behavior involving:
    (1) assault upon a correctional staff member, with
     bodily harm inflicted or threatened,
    (2) possession of a deadly weapon,
    (3) setting a fire so as to risk human life,
    (4) introduction of drugs for purposes of distribution,
     or (5) participating in a violent demonstration or
     riot:.................................................           +2
B. Ordinary negative institutional behavior................           +1
------------------------------------------------------------------------
              Category V: Program Achievement
------------------------------------------------------------------------
   Note: Use the highest applicable subcategory. If no subcategory is
                         applicable, score = 0.
A. No program achievement:.................................            0
B. Ordinary program achievement:...........................           -1
C. Superior program achievement:...........................           -2
      Total Point Score (Total of Categories I-V)..........
------------------------------------------------------------------------

* * * * *
    Dated: October 20, 1998.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 98-28629 Filed 10-23-98; 8:45 am]
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