[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Rules and Regulations]
[Pages 19996-20005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9050]



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Part III





Department of Justice





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Parole Commission



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28 CFR Part 2



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

  Federal Register / Vol. 65, No. 72 / Thursday, April 13, 2000 / Rules 
and Regulations  

[[Page 19996]]


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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 with request for comments.

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SUMMARY: The U.S. Parole Commission is amending the Interim Rules that 
went into effect on August 5, 1998 for parole-eligible D.C. Code 
prisoners under the National Capital Revitalization and Self-Government 
Improvement Act of 1997. The interim rules, which are republished in 
their entirety in this publication, include a number of amendments 
intended both to improve clarity and to provide more explicit policies 
with regard to the setting of release dates and departures from the 
guidelines.

DATES: Effective Date: May 15, 2000.
    Comment Date: Comments must be received by June 30, 2000.

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, Public Law 
105-33, the U.S. Parole Commission assumed the paroling jurisdiction of 
the Board of Parole of the District of Columbia on August 5, 1998. 
Interim rules, with a request for public comment, were published at 63 
FR 39172 (July 21, 1998), and have been amended twice since that date 
at 63 FR 57060 (Oct. 26, 1998) and at 64 FR 5611 (Feb. 4, 1999).
    In the light of the Commission's experience under these interim 
rules, the rules are now being republished to include a variety of 
amendments ranging from minor drafting improvements to some more 
significant issues of policy and procedure.
    The more significant issues include: (a) A provision requiring the 
concurrence of two Commissioner votes on all final decisions, with 
three Commissioner votes required if an examiner panel decision is 
rejected; (b) a provision allowing the Commission to establish a 
presumptive parole date for any prisoner whose total point score under 
the guidelines at Sec. 2.80 will permit a grant of parole at the next 
rehearing (assuming continued positive programming); (c) a provision 
requiring that departures from the guidelines be consistent with the 
result indicated by the guidelines for other prisoners with equivalent 
risk levels; (d) a provision requiring that the factors justifying an 
upward departure be fully accounted for in the initial continuance 
whenever possible; and (e) a provision allowing the Commission, upon 
rescinding a parole grant based upon the prisoner's misconduct, to 
sanction the misconduct by reference to the guidelines at Sec. 2.36 if 
the misconduct is not sufficiently serious to warrant increasing the 
prisoner's total point score by one full point under Sec. 2.80.
    The new presumptive date provision described above is intended to 
increase the ability of prisoners and prison officials to accomplish 
the goals of the release planning process well in advance of the actual 
release of the prisoner. Timely release planning is currently a serious 
issue for prison administrators. The setting of a presumptive release 
date will not deprive the prisoner of the rehearing that would normally 
be conducted, except in instances where the Commission decides to 
reopen the case and grant the prisoner an earlier date of parole on the 
record. Setting a presumptive parole date up to nine months from the 
scheduled rehearing date will be consistent with the outcome otherwise 
expected by the prisoner, i.e., a rehearing followed by the granting of 
a parole effective date 6 to 9 months from the date the rehearing was 
held. For cases in which parole is denied through an upward departure, 
the decisionmaking policies described above should be regarded as 
essential principles governing the application of any modern parole 
guideline system.
    Finally, the Commission decided not to amend its rules to change 
the existing requirement that a parole effective date, once granted, 
shall not be retarded more than 120 days for release planning purposes 
without a hearing. The Commission has experienced frequent requests 
from prison officials for the retarding of parole dates based upon 
significant delays in moving parole grantees to pre-release halfway 
houses. The Commission is working with prison officials in both 
District of Columbia and federal facilities to expedite the halfway 
house placement and release planning process, and will retain the 120-
day limit. If release planning delays have continued beyond the 120-day 
limit, the Commission will either grant parole or place the inmate on 
the next docket for a special reconsideration hearing. A special 
reconsideration hearing will be scheduled whenever it appears that the 
risk level presented by the inmate is such that halfway house placement 
(or other missing component of the release planning process) will be 
essential for the parole of the prisoner to meet the basic statutory 
criteria at D.C. Code 24-204. For prisoners who are already in halfway 
houses at the 120 day point, the Commission will order an appropriate 
retardation of the release date on the assumption that such prisoners 
will not wish to be returned to a prison facility for a special 
reconsideration rehearing.

Implementation

    The regulations set forth below will be applied to all prisoners 
serving parole-eligible felony sentences under the District of Columbia 
Code, except that the guidelines in Sec. 2.80 will be applied only to 
prisoners for whom the initial parole hearing is conducted on or after 
August 5, 1998. Any provision in these regulations that refers to the 
jurisdiction of the Parole Commission over District of Columbia Code 
parolees is intended to refer to the exercise of the authority that 
will be transferred to the U.S. Parole Commission on August 5, 2000.

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that these amended 
interim rules do not constitute 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, Prisoners, Probation and 
parole.

The Amended Rules

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

[[Page 19997]]

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. Subpart C is revised to read as follows:
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   Guidelines for D.C. Code offenders.
2.81   Reparole decisions.
2.82   Effective date of parole.
2.83   Release planning.
2.84   Release to other jurisdictions.
2.85   Conditions of release.
2.86   Release on parole; rescission for misconduct.
2.87   Mandatory release.
2.88   Confidentiality of parole records.
2.89   Miscellaneous provisions.
2.90   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, Public Law 105-33, 111 Stat. 712, and D.C. Code 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 who are serving sentences for felony offenses, and who 
are eligible for parole by statute, including offenders who have been 
returned to prison upon the revocation of parole or mandatory release. 
(D.C. Code 24-208). The above authority shall include youth offenders 
who are committed to prison for treatment and rehabilitation based on 
felony convictions under the D.C. Code. (D.C. Code 24-804(a).)
    (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 24-201(c).)
    (d) The Commission shall have authority to grant 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 24-263 through 267.)
    (e) The Commission shall have authority over all District of 
Columbia Code felony 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. (D.C. Code 24-206.)


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. The 
Commission may then conduct an initial hearing or grant an effective 
date of parole on the record. A prisoner who receives an initial 
hearing need not apply for subsequent hearings.
    (b) To the extent practicable, the initial hearing for an eligible 
adult prisoner who has applied for parole shall be held at least 180 
days prior to such prisoner's date of eligibility for parole. The 
initial hearing for a committed youth offender shall be scheduled 
during the first 120 days after admission to the institution that is 
responsible for developing his rehabilitative program.
    (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.


Sec. 2.72  Hearing procedure.

    (a) Each eligible prisoner for whom an initial hearing has been 
ordered shall appear in person 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. If the examiner determines that the available 
file material is not adequate for this purpose the examiner may order 
the hearing to be postponed to the next docket so that the missing 
information can be requested.
    (b) Parole 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 federal facility 
may have a representative pursuant to Sec. 2.13(b). A prisoner 
appearing for a parole hearing in a facility other than a federal 
facility shall not be accompanied by counsel or any other person 
(except a staff member of the facility) except in such facilities as 
the Commission may designate as suitable for the appearance of 
representatives.
    (d) Prehearing disclosure of file material will be available to 
prisoners and their representatives only in the case of prisoners 
confined in federal facilities, and pursuant to Sec. 2.55.
    (e) A victim of a crime, or a representative of the immediate 
family of a victim if the victim has died, shall have the right:
    (1) To be present at the parole hearings of each offender who 
committed the crime, and
    (2) To testify and/or offer a written or recorded statement as to 
whether or not parole should be granted, including information and 
reasons in support of such statement. A written statement may be 
submitted at the hearing or provided separately. The prisoner may be 
excluded from the hearing room during the appearance of a victim or 
representative who gives testimony. In lieu of appearing at a parole 
hearing, a victim or representative may request permission to appear 
before an examiner (or other staff member), who shall record and 
summarize the victim's or representative's testimony. Whenever new and 
significant information is provided under this rule, the hearing 
examiner will summarize the information at the parole hearing and will 
give the prisoner an opportunity to respond. Such summary shall be 
consistent with a reasonable request for

[[Page 19998]]

confidentiality by the victim or representative.
    (f) Attorneys, family members, relatives, friends of the prisoner, 
or other interested persons desiring to submit information pertinent to 
any prisoner may do so at any time, but such information must be 
received by the Commission at least 30 days prior to a scheduled 
hearing in order to be considered at that 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 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. An office visit 
at a time other than set forth in this paragraph 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.
    (g) A full and complete recording of every parole hearing shall be 
retained by the Commission. Upon a request pursuant to Sec. 2.56, the 
Commission shall make available to any eligible prisoner such record as 
the Commission has retained of the hearing.
    (h) Because parole decisions must be reached through a record-based 
hearing and voting process, no contacts shall be permitted between any 
person attempting to influence the Commission's decision-making 
process, and the examiners and Commissioners of the Commission, except 
as provided in this subpart.


Sec. 2.73  Parole suitability criteria.

    (a) In accordance with D.C. Code 24-204(a), the Commission shall be 
authorized to release a prisoner on parole in its discretion after the 
prisoner has served the minimum term of the sentence imposed, if the 
following criteria are met:
    (1) The prisoner has substantially observed the rules of the 
institution;
    (2) There is a 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 presumptively 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 Table at Sec. 2.80. However, there may 
be exceptional cases in which the gravity of the offense is sufficient 
to warrant an upward departure from Sec. 2.80 and denial of parole.


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 weekends and holidays.
    (b) Whenever a decision is rendered within the applicable guideline 
established in this subpart, it will be deemed a sufficient explanation 
of the Commission's decision for the notice of action to set forth 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). All final parole decisions (granting, 
denying, or revoking parole) shall be based on the concurrence of two 
Commissioner votes, except that three Commissioner votes shall be 
required if the decision differs from the decision recommended by the 
examiner panel by more than six months. All other decisions may be 
based on a single Commissioner vote, except as expressly provided in 
these rules.


Sec. 2.75  Reconsideration proceedings.

    (a) If the Commission denies parole, it shall establish an 
appropriate reconsideration date in accordance with the provisions of 
Sec. 2.80. The prisoner shall be given a rehearing during the month 
specified by the Commission, or on the docket of hearings immediately 
preceding that month if no docket of hearings is scheduled for the 
month specified. If the prisoner's mandatory release date will occur 
before the reconsideration date 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 (``continue 
to expiration'').
    (b) The first reconsideration date shall be calculated from the 
prisoner's eligibility date, except that in the case of a youth 
offender or any prisoner who has waived the initial hearing, the first 
reconsideration date shall be calculated from the date the initial 
hearing is held. In all cases, any subsequent reconsideration date 
shall be calculated from the date of the last hearing. In the case of a 
waiver or substantial delay in holding the initial hearing, the 
Commission may conduct nunc pro tunc a combined initial hearing and 
such rehearings as would otherwise have been held during the delay.
    (c) Notwithstanding the provisions of paragraph (a), 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. The scheduling of a reconsideration date 
does not imply that parole will be granted at such hearing.
    (d) Prior to the parole reconsideration date, the Commission shall 
review the prisoner's record, including an institutional progress 
report which shall be submitted 60 days prior to the hearing. Based on 
its review of the record, the Commission may grant an effective date of 
parole without conducting the scheduled 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.


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 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. The Commission shall 
require the submission of a progress report before approving such a 
request.
    (b) Approval of a prisoner's request under this section shall 
require the concurrence of a majority of the Commissioners holding 
office.
    (c) Pursuant to D.C. Code 24-201c, the Commission may file an 
application to the sentencing court for a reduction of a prisoner's 
minimum term if the Commission finds that:

[[Page 19999]]

    (1) The prisoner has completed three years of the minimum term 
imposed by the court;
    (2) The prisoner has shown, by report of the responsible prison 
authorities, an outstanding response to the rehabilitative program(s) 
of the institution;
    (3) The prisoner has fully observed the rules of each institution 
in which the prisoner has been confined;
    (4) The prisoner appears to be an acceptable risk for parole based 
on both the prisoner's pre-and post-incarceration record; and
    (5) Service of the minimum term imposed by the court does not 
appear necessary to achieve appropriate punishment and deterrence.
    (d) 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 shall 
file the application with the sentencing court.
    (e) 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.


Sec. 2.77  Medical parole.

    (a) Upon receipt of a report from the institution in which the 
prisoner is confined 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. Release on medical 
parole may be ordered by the Commission at any time, whether or not the 
prisoner has completed his or her minimum sentence. Consideration for 
medical parole shall be in addition to any other parole for which a 
prisoner may be eligible.
    (b) A prisoner may be granted a medical parole on the basis of 
terminal illness if:
    (1) The institution's medical staff has provided the Commission 
with a reasonable medical judgment that the prisoner is within six 
months of death 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 will not be a danger to himself or others because 
his condition renders him incapable of continued criminal activity; and
    (2) 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 the prisoner's minimum sentence.
    (e) A prisoner, or the prisoner's representative, may apply for a 
medical parole by submitting an application to the institution case 
management staff, who shall forward the application accompanied by a 
medical report and any recommendations within 15 days. The Commission 
shall render a decision within 15 days of receiving the application and 
report.
    (f) A prisoner, the prisoner's representative, or the institution 
may 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 
22-2903, 22-3202, or 22-3204(b), shall not be eligible for medical 
parole (D.C. Code 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 24-262).


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 
Commission shall determine whether or not to release the prisoner on 
geriatric parole. Release on geriatric parole may be ordered by the 
Commission at any time, whether or not the prisoner has completed his 
or her minimum sentence. Consideration for geriatric parole shall be in 
addition to any other parole for which a prisoner may be eligible.
    (b) A prisoner may be granted a geriatric parole 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 the 
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 case 
management 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 (D.C. Code 24-
265(c)(1)-(7)):
    (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.
    (f) A prisoner, the prisoner's representative, or the institution, 
may 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 
22-2903, 22-3202, or 22-3204(b), shall not be eligible for geriatric 
parole (D.C. Code 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 24-262).


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 24-204 permits the Commission to 
parole only those prisoners who have substantially observed the rules 
of the institution. Consequently, the Commission will

[[Page 20000]]

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). The Commission must be satisfied that the 
prisoner has served a period of imprisonment sufficient to outweigh the 
seriousness of the prisoner's misconduct.


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

    (a) Introduction. In determining whether an eligible prisoner 
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 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 and criminal record. The prisoner'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 an offender 
will live and remain at liberty without violating the law. The 
prisoner's record of criminal conduct (including the nature and 
circumstances of the current offense) shall be used to assist the 
Commission in determining the probable seriousness of the recidivism 
that is predicted by the Salient Factor Score.
    (c) Disciplinary infractions. The Commission shall assess whether 
the prisoner has been found guilty of committing disciplinary 
infractions while under confinement for the current offense. The 
Commission shall refer to the offense classification tables of the D.C. 
Department of Corrections or the Bureau of Prisons, as applicable, in 
determining whether the prisoner's disciplinary record should be 
counted on the point score. A single Class I or Code 100 offense, or 
two or more Class II or Code 200 offenses, shall be counted as negative 
institutional behavior at an initial hearing or any rehearing. A 
persistent record of lesser offenses may also be counted as negative 
institutional behavior at an initial hearing or a rehearing. At initial 
hearings, an infraction free period of at least three years preceding 
the date of the hearing may be considered by the Commission as 
sufficient to exclude from consideration a previous record of Class I 
(or Code 100) or Class II (or Code 200) offenses, provided that such 
offenses would result in not more than one point added to the 
prisoner's score.
    (d) Program achievement. The Commission shall assess whether the 
prisoner has demonstrated ordinary or superior achievement in the area 
of prison programs, industries, or work assignments while under 
confinement for the current offense. Where prison programs and work 
assignments are limited or unavailable, the Commission may exercise 
discretion based on the prisoner's record of behavior. Points may be 
deducted for program achievement regardless of whether points have been 
added for negative institutional behavior during the same period.
    (e) Implementation. These guidelines shall be applied to all 
prisoners who are given initial parole hearings on or after August 5, 
1998. For prisoners whose initial hearings were held prior to August 5, 
1998, the Commission shall render its decisions by reference to the 
guidelines applied by the D.C. Board of Parole. However, when a 
decision outside such guidelines has been made by the Board, or is 
ordered by the Commission, the Commission may determine the 
appropriateness and extent of the departure by comparison with the 
guidelines in this section. The Commission may also correct any error 
in the calculation of the D.C. Board's guidelines.
    (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 Factor
                                                             Score
------------------------------------------------------------------------
                     Category I: Risk of Recidivism
------------------------------------------------------------------------
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                        +4
 violence in two or more prior offenses..............
B. Violence in current offense, and any felony                        +3
 violence in one prior offense.......................
C. Violence in current offense.......................                 +2
D. No violence in current offense and any felony                      +2
 violence in two or more prior offenses..............
E. Possession of firearm in current offense if                        +2
 current offense is not scored as a crime of violence
F. No violence in current offense and any felony                      +1
 violence in one prior offense.......................
------------------------------------------------------------------------
          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                   +3
 with death of victim resulting......................
B. Current offense involved attempted murder,                         +2
 conspiracy to murder, solicitation to murder, or any
 willful violence in which the victim survived
 despite death having been the most probable result
 at the time the offense was committed...............
C. Current offense involved high level violence                       +1
 (other than the behaviors described above)..........
    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,

[[Page 20001]]

 
    (4) Introduction of drugs for purposes of
     distribution, or
    (5) Participating in a violent demonstration or                   +2
     riot
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)..         __________
------------------------------------------------------------------------

    (g) Definitions and instructions for application of point 
assignment table. (1) Salient factor score means the salient factor 
score set forth at Sec. 2.20.
    (2) High level violence in Category III means any of the following 
offenses--
    (i) Murder;
    (ii) Voluntary manslaughter;
    (iii) Arson of a building in which a person other than the offender 
was present or likely to be present at the time of the offense;
    (iv) Forcible rape or forcible sodomy (first degree sexual abuse);
    (v) Kidnapping, hostage taking, or any armed abduction of a victim 
during a carjacking or other offense;
    (vi) Burglary of a residence while armed with any weapon if a 
victim was in the residence during the offense;
    (vii) Obstruction of justice through violence or threats of 
violence;
    (viii) Any offense involving sexual abuse of a person less than 
sixteen years of age;
    (ix) Mayhem, malicious disfigurement, or any offense defined as 
other violence in paragraph (g)(4) of this section that results in 
serious bodily injury as defined in paragraph (g)(3) of this section;
    (x) Any offense defined as other violence in paragraph (g)(4) of 
this section which the offender intentionally discharged a firearm;
    (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) Felony assault;
    (iv) Felony offenses involving a threat, or risk, of bodily harm;
    (v) Felony offenses 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). In 
probation violation cases, the current offense includes both the 
original offense and the violation offense, except that the original 
offense shall be scored as a prior conviction (with a prior commitment) 
rather than as part of the current offense, if the prisoner served more 
than six months in prison for the original offense before commencement 
of probation.
    (7) Category IIE applies whenever a firearm is possessed by the 
offender during, or used by the offender to commit, any offense that is 
not scored under Category II(A-D). Category IIE also applies when the 
current offense is felony unlawful possession of a firearm and there is 
no other current offense. Possession for purposes of Category IIE 
includes constructive possession.
    (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 planned or 
approved by the offender in furtherance of a joint criminal venture.
    (9) In some cases, negative institutional behavior that involves 
violence will result in a higher score if scored as an additional 
current offense under Categories II and/or III, than if scored under 
Category IVA. In such cases, the prisoner's point score is recalculated 
to reflect the conduct as an additional current offense under 
Categories II and/or III, rather than as a disciplinary infraction 
under Category IVA. For example, the attempted murder of another inmate 
will result in a higher score when treated as an additional current 
offense under Categories II and III, if the offense of conviction was 
scored under Category IIC only as violence in current offense. If 
negative institutional behavior is treated as an additional current 
offense, points may nonetheless be assessed under Category IVA or B for 
other disciplinary infractions.
    (10) Superior program achievement means program achievement that is 
beyond the level that the prisoner might ordinarily be expected to 
accomplish.
    (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:

------------------------------------------------------------------------
              Total points                   Guideline recommendation
------------------------------------------------------------------------
(1) if points =0.......................  Parole at initial hearing with
                                          low level of supervision
                                          indicated.
(2) if points =1.......................  Parole at initial hearing with
                                          high level of supervision
                                          indicated.
(3) if points =2.......................  Parole at initial hearing with
                                          highest level of supervision
                                          indicated.
(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.
------------------------------------------------------------------------


[[Page 20002]]

    (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......................  Parole at initial hearing with
                                          conditions established to
                                          address treatment needs;
(2) if points = 1+.....................  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 adult offenders. (1) If parole 
is denied or rescinded, the time to the subsequent hearing for an adult 
offender shall be determined by the following guidelines:

------------------------------------------------------------------------
  Base point score  (categories I through III)     Months to rehearing
------------------------------------------------------------------------
0-4............................................                    12-18
5..............................................                    18-24
6..............................................                    18-24
7..............................................                    18-24
8..............................................                    18-24
9..............................................                    22-28
10.............................................                    26-32
------------------------------------------------------------------------

    (2) The time to a rehearing shall be determined by the prisoner's 
base point score, and not by the total point score at the current 
hearing, which indicates only whether parole should be granted or 
denied. Exception: In the case of institutional misconduct deemed 
insufficiently serious to warrant the addition of one or more points 
for negative institutional behavior, the Commission may nonetheless 
deny or rescind parole and render a decision based on the guideline 
ranges at Sec. 2.36.
    (3) At any initial hearing or rehearing, if the prisoner's total 
point score is 4 or less, the Commission may order both a rehearing 
date and a presumptive parole date that is not more than 9 months from 
the rehearing date. Such presumptive date may be converted to a parole 
effective date following the rehearing, or the case may be reopened 
based on new favorable information and a parole effective date granted 
on the record.
    (k) Guidelines for decisions at subsequent hearing--adult 
offenders. In determining whether to parole an adult offender at a 
rehearing or rescission 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
------------------------------------------------------------------------
if points = 0-3........................   Parole with highest level of
                                          supervision indicated.
if points = 4+.........................  Deny parole at rehearing and
                                          schedule a further rehearing
                                          in accordance with Sec.
                                          2.75(c) and the time ranges
                                          set forth in paragraph (j) of
                                          this section.
------------------------------------------------------------------------

    (l) Guidelines for decisions at subsequent hearing--youth 
offenders. (1) In determining whether to parole a youth offender 
appearing at a rehearing or rescission 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
------------------------------------------------------------------------
if points = 0-3........................  Parole with highest level of
                                          supervision indicated.
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.
------------------------------------------------------------------------

    (2) Prison officials may in any case recommend an earlier rehearing 
date than ordered by the Commission if the Commission's program 
objectives have been met.
    (m) Decisions outside the guidelines--all offenders. (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) If the prisoner is deemed to be a poorer or more serious risk 
than the guidelines indicate, the Commission shall determine what Base 
Point Score would more appropriately fit the prisoner's case, and shall 
render its initial and rehearing decisions as if the prisoner had that 
higher Base Point Score. If possible, the factors justifying

[[Page 20003]]

such a departure shall be fully accounted for in the initial 
continuance, so that the guidelines can be followed at subsequent 
hearings. In some cases, however, an extreme level of risk presented by 
the prisoner may make it inappropriate for the Commission to 
contemplate a parole at any hearing without a significant change in the 
prisoner's circumstances.
    (3) 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) Unusually persistent failure under supervision (pretrial 
release, probation, or parole);
    (B) Unusually persistent history of criminally related substance 
(drug or alcohol) abuse and resistance to treatment efforts; or
    (C) Unusually extensive prior record (sufficient to make the 
offender a poorer risk than the ``poor'' prognosis category).
    (ii) More serious parole risk. The offender is a more serious 
parole risk than indicated by the total point score because of--
    (A) Prior record of violence more extensive or serious than that 
taken into account in the guidelines;
    (B) Current offense demonstrates extraordinary criminal 
sophistication, criminal professionalism in the employment of violence 
or threats of violence, or leadership role in instigating others to 
commit a serious offense;
    (C) Unusual cruelty to the victim (beyond that accounted for by 
scoring the offense as high level violence), or predation upon 
extremely vulnerable victim;
    (D) Unusual propensity to inflict unprovoked and potentially 
homicidal violence, as demonstrated by the circumstances of the current 
offense; or
    (E) Additional serious offense(s) committed after (or while on bond 
or fugitive status from) current offense that show unusual capacity for 
sustained, repeated violent criminal activity.
    (4) Factors that may warrant a decision below the guidelines 
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) Unusually lengthy period of incarceration on the minimum 
sentence (in relation to the seriousness of the offense and prior 
record) that warrants an initial parole determination as if the 
offender were being considered at a rehearing;
    (B) Substantial period in custody on other sentence(s) sufficient 
to warrant a finding in paragraph (m)(4) of this section; or
    (C) Clearly exceptional program achievement.


Sec. 2.81  Reparole decisions.

    Each decision to grant or deny reparole shall be made by reference 
to the Commission's reparole guidelines at Sec. 2.21, which shall 
include the establishment of a presumptive or effective release date 
pursuant to Sec. 2.12(b) and interim hearings pursuant to Sec. 2.14. 
However, if the prisoner is eligible for parole on a new D.C. Code 
felony sentence that has been aggregated with the prisoner's parole 
violation term, or is a youth offender serving the remainder of a Youth 
Rehabilitation Act sentence following revocation of parole, the 
applicable guideline at Sec. 2.80 (adult or youth) shall be applied. 
Reparole hearings shall be conducted according to the procedures set 
forth in Sec. 2.72.


Sec. 2.82  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.


Sec. 2.83  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 parole certificate shall not be issued until a release 
plan has been approved by the Commission. In the case of mandatory 
release, the Commission shall review each prisoner's release plan to 
determine whether the imposition of any special conditions should be 
ordered to promote the prisoner's rehabilitation and protect the public 
safety.
    (b) If a parole date has been granted, but the prisoner has not 
submitted a proposed release plan, the appropriate correctional or 
supervision staff shall assist the prisoner in formulating a release 
plan for investigation.
    (c) After investigation by a Community Supervision Officer, the 
proposed release plan shall be submitted to the Commission 30 days 
prior to the prisoner's parole or mandatory release date.
    (d) A Commissioner may retard a parole date for purposes of release 
planning for up to 120 days without a hearing. If efforts to formulate 
an acceptable release plan prove futile by the expiration of such 
period, or if the Offender Supervision staff reports that there are 
insufficient resources to provide effective supervision for the 
individual in question, the Commission shall be promptly notified in a 
detailed report. If the Commission does not order the prisoner to be 
paroled, 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 parolee will be legitimately employed as soon 
as released; 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.


Sec. 2.84  Release to other jurisdictions.

    The Commission, in its discretion, may parole any individual from a

[[Page 20004]]

facility of the District of Columbia, to live and remain in a 
jurisdiction other than the District of Columbia.


Sec. 2.85  Conditions of release.

    (a) The following conditions are attached to every grant of parole 
and are deemed necessary to provide adequate supervision and to protect 
the public welfare. They are printed on the certificate issued to each 
parolee and mandatory releasee:
    (1) The parolee shall go directly to the district named in the 
certificate (unless released to the custody of other authorities). 
Within three days after his release, he shall report to the Community 
Supervision Officer whose name appears on the certificate. If in any 
emergency the parolee is unable to get in touch with his supervision 
office, he shall communicate with the U.S. Parole Commission, Chevy 
Chase, Maryland 20815-7286.
    (2) If the parolee is released to the custody of other authorities, 
and after release from the physical custody of such authorities, he is 
unable to report to the Community Supervision Officer to whom he is 
assigned within three days, he shall report instead to the nearest U.S. 
Probation Officer.
    (3) The parolee shall not leave the limits fixed by his certificate 
of parole without written permission from his Community Supervision 
Officer.
    (4) The parolee shall notify his Community Supervision Officer 
within two days of any change in his place of residence.
    (5) The parolee shall make a complete and truthful written report 
(on a form provided for that purpose) to his Community Supervision 
Officer between the first and third day of each month. He shall also 
report to his Community Supervision Officer at other times as the 
officer directs, providing complete and truthful information.
    (6) The parolee shall not violate any law, nor shall he associate 
with persons engaged in criminal activity. The parolee shall report 
within two days to his Community Supervision Officer (or supervision 
office) if he is arrested or questioned by a law-enforcement officer.
    (7) The parolee shall not enter into any agreement to act as an 
informer or special agent for any law-enforcement agency without 
authorization from the Commission.
    (8) The parolee shall work regularly unless excused by his 
Community Supervision Officer, and support his legal dependents, if 
any, to the best of his ability. He shall report within two days to his 
Community Supervision Officer any changes in employment or employment 
status.
    (9) The parolee shall not drink alcoholic beverages to excess. He 
shall not purchase, possess, use, or administer controlled substances 
(marijuana or narcotic or other habit-forming drugs) unless prescribed 
or advised for the parolee by a physician. The parolee shall not 
frequent places where such drugs are illegally sold, dispensed, used, 
or given away.
    (10) The parolee shall not associate with persons who have a 
criminal record without the permission of his Community Supervision 
Officer.
    (11) The parole shall not posses a firearm or other dangerous 
weapon.
    (12) The parolee shall permit visits by his Community Supervision 
Officer to his residence and to his place of business or occupation. He 
shall permit confiscation by his Community Supervision Officer of any 
materials which the officer believes may constitute contraband in the 
parolee's possession and which he observes in plain view in the 
parolee's residence, place of business or occupation, vehicle(s), or on 
his person. The Commission may also, when a reasonable basis for so 
doing is presented, modify the conditions of parole to require the 
parolee to permit the Community Supervision Officer to conduct searches 
and seizures of concealed contraband on the parolee's person, and in 
any building, vehicle, or other area under the parolee's control, at 
such times as the officer shall decide.
    (13) The parolee shall make a diligent effort to satisfy any fine, 
restitution order, court costs or assessment, and/or court ordered 
child support or alimony payment that has been, or may be, imposed, and 
shall provide such financial information as may be requested by his 
Community Supervision Officer that is relevant to the payment of the 
obligation. If unable to pay the obligation in one sum, the parolee 
will cooperate with his Community Supervision Officer in establishing 
an installment payment schedule.
    (14) The parolee shall submit to a drug test whenever ordered by 
his Community Supervision Officer.
    (b) The Commission or a member thereof may at any time modify or 
add to the conditions of release. The parolee shall receive notice of 
the proposed modification and unless waived shall have ten days 
following receipt of such notice to express his views thereon. 
Following such ten day period, the Commission shall have 21 days, 
exclusive of holidays, to order such modification of or addition to the 
conditions of release. The ten-day notice requirement shall not apply 
to a modification of the conditions of parole in the following 
circumstances:
    (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 to the public; or
    (3) In response to a request by the parolee for a modification of 
the conditions of parole.
    (c) The Commission may, as a condition of parole, require a parolee 
to reside in a community corrections center, or participate in the 
program of a residential treatment center, or both, for all or part of 
the period of parole.
    (d) The Commission may require that a parolee remain at his place 
of residence during nonworking hours and, if the Commission so directs, 
to have compliance with this condition monitored by telephone or 
electronic signaling devices. A condition under this paragraph may be 
imposed only as an alternative to incarceration.
    (e) A prisoner who, having been granted a parole date, subsequently 
refuses to sign the parole certificate, or any other consent form 
necessary to fulfill the conditions of parole, shall be deemed to have 
withdrawn the application for parole as of the date of his refusal to 
sign. To be considered for parole again, the prisoner must reapply for 
parole.
    (f) With respect to prisoners who are required to be released to 
supervision through good time reductions (mandatory release), the 
conditions of parole set forth in this rule, and any other special 
conditions ordered by the Commission, shall be in full force and effect 
upon the established release date regardless of any refusal by the 
prisoner to sign his certificate.
    (g) Any parolee who absconds from supervision has effectively 
prevented his sentence from expiring. Therefore, the parolee remains 
bound by the conditions of his release and violations committed at any 
time prior to execution of a warrant issued by the Commission, whether 
before or after the original expiration date, may be charged as a basis 
for revocation. In such a case, the warrant may be supplemented at any 
time.
    (h) The Commission may require a parolee, when there is evidence of 
prior or current alcohol dependence or abuse, to participate in an 
alcohol aftercare treatment program. In such a case, the Commission 
will require that the parolee abstain from the use of alcohol and/or 
all other intoxicants during and after the course of treatment.

[[Page 20005]]

    (i) The Commission may require a parolee, where there is evidence 
of prior or current drug dependence or abuse, to participate in a drug 
treatment program, which shall include at least two periodic tests to 
determine whether parolee has reverted to the use of drugs (including 
alcohol). In such a case, the Commission will require that the parolee 
abstain from the use of alcohol and/or all other intoxicants during and 
after the course of treatment. In the event such condition is imposed 
prior to an eligible prisoner's release from prison, any grant of 
parole or reparole shall be contingent upon the prisoner passing all 
pre-release drug tests administered by prison officials.
    (j) Parolees are expected by the Commission to understand the 
conditions of parole according to their plain meaning, and to seek the 
guidance of their Community Supervision Officers before engaging in any 
conduct that may constitute a violation thereof. Community Supervision 
Officers may issue instructions to parolees to refrain from particular 
conduct that would violate parole, or to take specific steps to avoid 
or correct a violation of parole, as well as such other directives as 
may be authorized by the conditions imposed by the Commission.


Sec. 2.86  Release on parole; rescission for misconduct.

    (a) When a parole effective date has been set, actual release on 
parole on that date shall be conditioned upon the individual 
maintaining a good conduct record in the institution or prerelease 
program to which the prisoner has been assigned.
    (b) The Commission may reconsider any grant of parole prior to the 
prisoner's actual release on parole, and may advance or retard a parole 
effective date or rescind and a parole date previously granted based 
upon the receipt of any new and significant information concerning the 
prisoner, including disciplinary infractions. The Commission may retard 
a parole date for disciplinary infractions (e.g., to permit the use of 
graduated sanctions) for up to 120 days without a hearing, in addition 
to any retardation ordered under 2.83(d). If a parole effective date is 
rescinded for disciplinary infractions, an appropriate sanction shall 
be determined either by adding the appropriate points for negative 
institutional behavior to the prisoner's total point score, or by 
reference to Sec. 2.36 if the misconduct is not sufficiently serious to 
warrant a continuance under Sec. 2.80(j). A total point score of 0-2 
shall be adjusted to a total point score of 3 prior to adding points 
for negative institutional behavior pursuant to the Point Assignment 
Table at Sec. 2.80(f).
    (c) After a prisoner has been granted a parole effective date, the 
institution shall notify the Commission of any serious disciplinary 
infractions 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.


Sec. 2.87  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, except that if the offense of conviction was 
committed before April 11, 1987, such expiration date shall be less one 
hundred eighty (180) days. Every provision of this subpart relating to 
an individual on parole shall be deemed to include individuals on 
mandatory release.


Sec. 2.88  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 in paragraphs (b) 
and (c) of this section.
    (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.


Sec. 2.89  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:
Sec.
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)
2.30   (False information or new criminal conduct; Discovery after 
release)
2.32   (Parole to local or immigration detainers)
2.56   (Disclosure of Parole Commission file)
2.63   (Rewarding assistance in the prosecution of other offenders: 
criteria and guidelines)
2.66   (Aggregated U.S. and D.C. Code sentences)


Sec. 2.90  Prior orders of the Board of Parole.

    Any prior order entered by the Board of Parole of the District of 
Columbia shall be accorded the status of an order of the Parole 
Commission unless duly reconsidered and changed by the Commission at a 
regularly scheduled hearing. It shall not constitute grounds for 
reopening a case that the prisoner is subject to an order of the Board 
of Parole that fails to conform to a provision of this part.

    Dated: April 5, 2000.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 00-9050 Filed 4-12-00; 8:45 am]
BILLING CODE 4410-31-U