[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59622-59623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28587]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Rescission Guidelines

AGENCY: United States Parole Commission, Justice.

ACTION: Interim rule; amendments.

-----------------------------------------------------------------------

SUMMARY: The Commission is amending its regulation regarding 
sanctioning of disciplinary infractions and new criminal behavior by 
prisoners who have applied for parole or who have received grants of 
parole. The amendment clarifies the Commission's longstanding policy 
that this regulation applies to all misconduct committed by a prisoner 
while confined, whether before or after the sentence is imposed. It 
also clarifies the applicability of the rule to parolees when they are 
confined for new crimes committed while on parole.

DATES: Effective Date: December 3, 1999. Comments must be received by 
December 31, 1999.

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: The Commission's regulation at 28 CFR 
Sec. 2.36 provides in pertinent part that the rescission guidelines 
contained therein ``shall apply to the sanctioning of disciplinary 
infractions or new criminal behavior committed by a prisoner subsequent 
to the commencement of his sentence and prior to his release on 
parole.'' 28 CFR 2.36(a). The Commission's regulation regarding 
guidelines for parole decisionmaking provides in pertinent part that 
``for criminal behavior committed while in confinement see Sec. 2.36.'' 
28 CFR 2.20(i). The Commission's longstanding interpretation of its 
rescission guidelines is therefore that they apply to all misconduct 
and new criminal behavior committed by an offender ``in confinement''. 
In order to clarify the language of Sec. 2.36(a), (which, standing 
alone, appears to limit rescission guidelines to conduct after a 
prisoner has begun service of an imposed sentence) the Commission is 
amending Sec. 2.36(a). The amended rule will make clear that the 
rescission guidelines apply to new criminal conduct committed by any 
offender who is in confinement, whether as a pretrial detainee, as a 
prisoner serving an imposed sentence, or as a prisoner who has been 
transferred to another institution pending trial or sentencing on 
another matter. The amended rule also makes clear that the rescission 
guidelines apply to disciplinary infractions or further crimes 
committed by a parolee after he has been confined on a new criminal 
charge, whether before or after the Commission revokes his parole. This 
inclusive policy reflects the Commission's view that disciplinary 
infractions are always relevant to the parole decisionmaking process, 
and that new crimes committed while in official confinement of any type 
share are a significant indicant of the offender's lack of suitability 
for parole or reparole.
    The rescission guidelines therefore apply to conduct committed 
while in confinement regardless of the venue of confinement; new 
criminal conduct in a halfway house or jail, as well as in a

[[Page 59623]]

prison, falls within the ambit of Sec. 2.36(a).

Implementation

    The amended rule is made effective as an interim rule pending the 
public comment process because of the public and law enforcement 
interest in not placing in doubt the many parole decisions made in 
accordance with 28 CFR 2.36 and 2.20(i).

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that this amended interim 
rule is not a significant rule within the meaning of Executive Order 
12866. 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), and is deemed by 
the Commission to be a rule of agency practice that does not 
``substantially affect the rights or obligations of non-agency 
parties'' pursuant to Section 804(3)(C) of the Congressional Review 
Act.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Probation and parole, 
Prisoners.

The Amendments

    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).

    2. Section 2.36 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 2.36  Rescission guidelines.

    (a) The following guidelines shall apply to the sanctioning of 
disciplinary infractions or new criminal conduct committed by a 
prisoner during any period of confinement that is credited to his 
current sentence (whether before or after sentence is imposed), but 
prior to his release on parole; and by a parole violator during any 
period of confinement prior to or following the revocation of his 
parole (except when such period of confinement has resulted from 
initial parole to a detainer). * * *
* * * * *
    Dated: October 25, 1999.
Michael J. Gaines,
Chairman, Parole Commission.
[FR Doc. 99-28587 Filed 11-2-99; 8:45 am]
BILLING CODE 4410-31-P