[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Proposed Rules]
[Pages 20006-20011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9051]



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

[[Page 20006]]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


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

AGENCY: United States Parole Commission, Justice.

ACTION: Proposed rule.

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SUMMARY: The U.S. Parole Commission is proposing to incorporate into 
the Code of Federal Regulations, in amended and supplemented form, the 
regulations of the District of Columbia that govern the authority that 
will be assumed by the U.S. Parole Commission on August 5, 2000, with 
respect to felony offenders on parole. The authority of the District of 
Columbia Board of Parole to oversee the supervision and to revoke the 
paroles of felony offenders will be transferred to the U.S. Parole 
Commission under the National Capital Revitalization and Self-
Government Improvement Act of 1997, which permits the Commission to 
amend and supplement the District's regulations pursuant to federal 
rulemaking procedures.

DATES: 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 will be given, effective August 5, 
2000, the authority presently exercised by the Board of Parole of the 
District of Columbia with respect to felony offenders on parole, 
including the jurisdiction to revoke parole and to modify the 
conditions of parole. See D.C. Code 24-1231(a)(2).
    After an extensive review of the relevant regulations of the Board 
of Parole of the District of Columbia concerning the supervision of 
parolees, the release of parolees from active supervision, and the 
procedures governing the exercise of the authority to revoke parole, 
the Commission has decided to republish these regulations, with 
appropriate amendments, in the Code of Federal Regulations. These 
regulations, when adopted, would be added to the regulations for 
District of Columbia offenders that were originally published at 63 FR 
39172 (July 21, 1998) (as amended).
    Overall, the proposed regulations would maintain the present 
functions and authority of the Board of Parole of the District of 
Columbia, with certain amendments to conform to federal policy and 
practice. For both Federal and D.C. Code parolees, parole revocation 
procedures ultimately derive from the same source: Morrissey v. Brewer, 
408 U.S. 471 (1972). Morrissey also describes the basic goals of parole 
supervision in a way that remains valid today for both the U.S. Code 
and D.C. Code parole systems. The amended regulations are intended 
exclusively to improve the ways in which the District of Columbia 
parole system is carried out, consistently with the approach taken in 
the Morrissey decision.
    These improvements include a requirement for preliminary interviews 
as described in Morrissey, and an arrangement with the D.C. Public 
Defender Service whereby attorney representation would be obtained 
directly following the preliminary interview. This would be in contrast 
to the current D.C. Board of Parole rule that prohibits Board members 
and staff from assisting arrested parolees who wish to obtain the 
services of counsel. See 28 D.C.M.R. 219.9.
    Although the procedures for release from active supervision would 
remain the same, the Commission proposes to supplement those procedures 
with explicit guidelines derived from the federal standards at 28 CFR 
2.43 governing the early termination of parole for U.S. Code offenders. 
These guidelines are intended to ensure that the length of time a 
parolee spends under parole supervision is proportionate to the level 
of risk to the public safety suggested by the parolee's criminal 
offense and prior record, as measured by the Salient Factor Score and 
Base Point Score at 28 CFR 2.80.
    The Commission also proposes to codify a procedure whereby an 
executed warrant may be withdrawn within 72 hours of execution in order 
to release the arrested parolee to another jurisdiction's warrant. (The 
Commission is not always aware, when it issues a warrant, that the 
parolee is also sought by other authorities.) In Saylor v. U.S. Board 
of Parole, 345 F.2d 100, 103 (D.C. Cir. 1965), the court endorsed such 
a procedure, stating that ``* * * upon arresting a federal parolee as a 
parole violator, the federal authorities should have some reasonable 
time and latitude in deciding whether to return him to the federal 
institution to serve the balance of his term or to surrender him to the 
local authorities for state prosecution.'' In the Commission's view, a 
72-hour period is a reasonable time for a decision to yield 
jurisdiction to local prosecuting authorities.
    Finally, in all cases in which parolees are arrested on Commission 
warrants, it is the Commission's intent that their revocation hearings 
be held at the D.C. jail whenever feasible. For those parole violators 
who have been convicted and sentenced to new prison terms in other 
institutions, the Commission proposes to follow existing federal policy 
with regard to the holding of dispositional revocation hearings prior 
to the completion of the intervening sentence, and revocation hearings 
following release from the intervening sentence. See 28 CFR 2.47. In 
all respects, the proposed rules have been drafted to conform to 
District of Columbia law regarding the parole revocation process. See 
D.C. Code 24-205 and 24-206.

Proposed Implementation

    The Commission proposes that the regulations set forth below be 
made effective as interim rules on August 5, 2000, with a further 
period for public comment. The Commission proposes to reevaluate the 
rules in the light of both public comment and operational experience 
before adopting final rules.

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that this proposed rule 
would not be a significant rule within the meaning of Executive Order 
12866. The proposed rule would 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 will 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 Proposed Rules

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

[[Page 20007]]

PART 2--[AMENDED]

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

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

    2. By adding Secs. 2.91 through 2.105 to Subpart C to read as 
follows:
* * * * *
Subpart C--District of Columbia Code Prisoners and Parolees
Sec.
2.91   Supervision responsibility.
2.92   Jurisdiction of the Commission.
2.93   Travel approval.
2.94   Supervision reports to Commission.
2.95   Release from active supervision.
2.96   Order of release.
2.97   Withdrawal of order of release.
2.98   Summons to appear or warrant for retaking of parolee.
2.99   Execution of warrant and service of summons.
2.100   Warrant placed as detainer and dispositional review.
2.101   Revocation: Preliminary interview.
2.102   Place of revocation hearing.
2.103   Revocation hearing procedure.
2.104   Issuance of subpoena for appearance of witnesses or 
production of documents.
2.105   Revocation decisions.

Subpart C--District of Columbia Code Prisoners and Parolees

* * * * *


Sec. 2.91  Supervision responsibility.

    (a) Pursuant to D.C. Code 24-1233(c), the District of Columbia 
Court Services and Offender Supervision Agency (CSOSA) shall provide 
supervision, through qualified Community Supervision Officers, for all 
D.C. Code parolees and mandatory releasees under the jurisdiction of 
the Commission who are released to the D.C. metropolitan area. 
Individuals under the jurisdiction of the Commission who are released 
to districts outside the D.C. metropolitan area, or who are serving 
mixed U.S. and D.C. Code sentences, shall be supervised by a U.S. 
Probation Officer pursuant to 18 U.S.C. 3655.
    (b) A parolee or mandatory releasee may be transferred to a new 
district of supervision with the permission of the supervision offices 
of both the transferring and receiving district, provided such transfer 
is not contrary to instructions from the Commission.


Sec. 2.92  Jurisdiction of the Commission.

    (a) Pursuant to D.C. Code 24-431(a), the jurisdiction of the 
Commission over a parolee shall expire on the date of expiration of the 
maximum term or terms for which he was sentenced, subject to the 
provisions of this subpart relating to warrant issuance, time in 
absconder status, and the forfeiture of credit for time on parole in 
the case of revocation.
    (b) The parole of any parolee shall run concurrently with the 
period of parole, probation, or supervised release under any other 
Federal, State, or local sentence.
    (c) Upon the expiration of the parolee's maximum term as specified 
in the release certificate, the Community Supervision Officer shall 
issue a certificate of discharge to such parolee and to such other 
agencies as may be appropriate.
    (d) A termination of parole pursuant to an order of revocation 
shall not affect the Commission's jurisdiction to grant and enforce any 
further periods of parole, up to the expiration of the offender's 
maximum term.


Sec. 2.93  Travel approval.

    (a) The Community Supervision Officer may approve travel outside 
the district of supervision without approval of the Commission in the 
following situations:
    (1) Vacation trips not to exceed thirty days.
    (2) Trips, not to exceed thirty days, to investigate reasonably 
certain employment possibilities.
    (3) Recurring travel across a district boundary, not to exceed 
fifty miles outside the district, for purpose of employment, shopping, 
or recreation.
    (b) Specific advance approval by the Commission is required for all 
foreign travel, employment requiring recurring travel more than fifty 
miles outside the district, and vacation travel outside the district of 
supervision exceeding thirty days. A request for such permission shall 
be in writing and must demonstrate a substantial need for such travel.
    (c) A special condition imposed by the Commission prohibiting 
certain travel shall apply instead of any general rules relating to 
travel as set forth in paragraph (a) of this section.
    (d) The district of supervision for a parolee under the supervision 
of the D.C. Community Supervision Office of CSOSA shall be the D.C. 
Metropolitan area (as defined in the certificate of parole) for all 
purposes of residence, employment, or travel permission under this 
section.


Sec. 2.94  Supervision reports to Commission.

    An initial supervision report to confirm the satisfactory initial 
progress of the parolee shall be submitted to the Commission 90 days 
after the parolee's release from prison, by the officer responsible for 
the parolee's supervision. A regular supervision report shall be 
submitted to the Commission by the officer responsible for the 
supervision of the parolee after the completion of 12 months of 
continuous community supervision and annually thereafter. The 
supervision officer shall submit such additional reports and 
information concerning both the parolee, and the enforcement of the 
conditions of the parolee's supervision, as the Commission may direct. 
All reports shall be submitted according to the format established by 
the Commission.


Sec. 2.95  Release from active supervision.

    (a) The Commission, in its discretion, may release a parolee or 
mandatory releasee from further supervision prior to the expiration of 
the maximum term or terms for which he or she was sentenced.
    (b) Two years after release on supervision, and at least annually 
thereafter, the Commission shall review the status of each parolee to 
determine the need for continued supervision. In calculating such two-
year period there shall not be included any period of release on parole 
prior to the most recent release, nor any period served in confinement 
on any other sentence. A review shall also be conducted whenever 
release from supervision is specially recommended by the Community 
Supervision Officer.
    (c) In determining whether to grant release from supervision, the 
Commission shall apply the following guidelines, provided that case-
specific factors do not indicate a need for continued supervision:
    (1) For a parolee originally classified in the very good risk 
category and whose current offense did not involve violence, release 
from supervision may be ordered after two continuous years of incident-
free parole in the community;
    (2) For a parolee originally classified in the very good risk 
category and whose current offense involved violence other than high 
level violence, release from supervision may be ordered after three 
continuous years of incident-free parole in the community;
    (3) For a parolee originally classified in the very good risk 
category and whose current offense involved high level violence 
(without death of victim resulting), release from supervision may be 
ordered after four continuous years of incident-free parole in the 
community;
    (4) For a parolee originally classified in other than the very good 
risk category, whose current offense did not involve violence, and 
whose prior record includes not more than one episode of felony 
violence, release from supervision may be ordered after three

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continuous years of incident-free parole in the community;
    (5) For a parolee originally classified in other than the very good 
risk category, and whose current offense involved violence other than 
high level violence, or whose prior record includes two or more 
episodes of felony violence, release from supervision may be ordered 
after four continuous years of incident-free parole in the community;
    (6) For a parolee who was originally classified in other than the 
very good risk category and whose current offense or prior record 
involved high level violence (without death of victim resulting), 
release from supervision may be ordered after five continuous years of 
incident-free parole in the community;
    (7) For any parolee whose current offense or prior record involved 
high level violence with death of victim resulting, release from 
supervision may be ordered only upon a case-specific finding that, by 
reason of age, infirmity, or other compelling factors, the parolee is 
unlikely to be a threat to the public safety.
    (d) Decisions to release from supervision prior to completion of 
the periods specified in this section may be made where it appears that 
the parolee is a better risk than indicated by the salient factor score 
(if originally classified in other than the very good risk category), 
or a less serious risk than indicated by a violent current offense or 
prior record (if any). However, release from supervision prior to the 
completion of two years of incident-free supervision will not be 
granted in any case unless case-specific factors clearly indicate that 
continued supervision would be counterproductive.
    (e) Cases with pending criminal charge(s) shall not be released 
from supervision until the disposition of such charge(s) is known. The 
term ``incident-free'' parole shall include both any reported 
violations, and any arrest or law enforcement investigation that raises 
a reasonable doubt as to whether the parolee has been able to refrain 
from law violations while on parole.


Sec. 2.96  Order of release.

    (a) When the Commission approves a recommendation for release from 
active supervision, a written order of release from supervision shall 
be issued and a copy thereof shall be delivered to the releasee.
    (b) Each order of release shall state that the conditions of the 
releasee's parole are waived, except that it shall remain a condition 
that the releasee shall not violate any law or engage in any conduct 
which might bring discredit to the parole system, under penalty of 
possible withdrawal of the order of release or revocation of parole.
    (c) An order of release from supervision shall not release the 
parolee from the custody of the Attorney General or from the 
jurisdiction of the Commission before the expiration of the term or 
terms being served.


Sec. 2.97  Withdrawal of order of release.

    If, after an order of release from supervision has been issued by 
the Commission, and prior to the expiration date of the sentence(s) 
being served, the parolee commits any new criminal offense or engages 
in any conduct which might bring discredit to the parole system, the 
Commission may, in its discretion, do any of the following:
    (a) Issue a warrant for the parolee's return to custody as a 
violator;
    (b) Withdraw the order of release from supervision and return the 
parolee to active supervision; or
    (c) Impose any special conditions to the order of release from 
supervision.


Sec. 2.98  Summons to appear or warrant for retaking of parolee.

    (a) If a parolee is alleged to have violated the conditions of his 
release, and satisfactory evidence thereof is presented, the Commission 
or a member thereof may:
     (1)(i) Issue a summons requiring the offender to appear for a 
preliminary interview or local revocation hearing; or
    (ii) Issue a warrant for the apprehension and return of the 
offender to custody.
    (2) A summons or warrant in paragraph (a)(1) of this section may be 
issued or withdrawn only by the Commission, or a member thereof.
    (b) Any summons or warrant under this section shall be issued as 
soon as practicable after the alleged violation is reported to the 
Commission, except when delay is deemed necessary. Issuance of a 
summons or warrant may be withheld until the frequency or seriousness 
of violations, in the opinion of the Commission, requires such 
issuance. In the case of any parolee who is charged with a criminal 
offense and who is awaiting disposition of such charge, issuance of a 
summons or warrant may be temporarily withheld, a warrant may be issued 
by the Commission and held in abeyance, a warrant may be issued by the 
Commission and a detainer lodged with the custodial authority, or a 
warrant may be issued for the retaking of the 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 who has 
been mandatorily released from a sentence imposed for an offense 
committed before April 11, 1987, 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 appropriate law 
enforcement authority.
    (d) The issuance of a warrant under this section operates to bar 
the expiration of the parolee's sentence. Such warrant maintains the 
Commission's jurisdiction to retake the parolee either before or after 
the normal expiration date of the sentence and to reach a final 
decision as to the revocation of parole and the forfeiture of time 
pursuant to D.C. Code 24-206(a).
    (e) A summons or warrant issued pursuant to this section shall be 
accompanied by a warrant application stating the charges against the 
parolee, the applicable procedural rights under the Commission's 
regulations, and the possible actions which may be taken by the 
Commission. A summons shall specify the time and place the parolee 
shall appear. Failure to appear in response to a summons shall be 
grounds for issuance of a warrant.


Sec. 2.99  Execution of warrant and service of summons.

    (a) Any officer of any Federal or District of Columbia correctional 
institution, or any Federal or District of Columbia officer authorized 
to serve criminal process, to whom a warrant is delivered shall execute 
such warrant by taking the parolee and returning him to the custody of 
the Attorney General.
    (b) Upon the arrest of the parolee, the officer executing the 
warrant shall deliver to him a copy of the warrant application stating 
the charges against the parolee, the applicable procedural rights under 
the Commission's regulations, and the possible actions which may be 
taken by the Commission.
    (c) If execution of the warrant is delayed pending disposition of 
local charges, for further investigation, or for some other purpose, 
the parolee is to be continued under supervision by the Community 
Supervision Officer until the normal expiration of the sentence, or 
until the warrant is executed, whichever first occurs. Monthly 
supervision reports are to be submitted, and the parolee must continue 
to abide by all the conditions of release.
    (d) If any other warrant for the arrest of the parolee has been 
executed or is outstanding at the time the Commission's warrant is 
executed, the

[[Page 20009]]

arresting officer may, within 72 hours of executing the warrant, 
release the parolee to such warrant and lodge the Commission's warrant 
as a detainer, voiding the execution thereof, if such action is 
consistent with the instructions of the Commission. In other cases, a 
parolee may be released from an executed but unwithdrawn warrant 
whenever the Commission finds such action necessary to serve the ends 
of justice.
    (e) A summons to appear at a preliminary interview or revocation 
hearing shall be served upon the parolee in person by delivering to the 
parolee a copy of the summons and the application therefor. Service 
shall be made by any Federal or District of Columbia officer authorized 
to serve criminal process within the United States, and certification 
of such service shall be returned to the Commission.
    (f) Official notification of the issuance of a Commission warrant 
shall authorize any law enforcement officer within the United States to 
hold the parolee in custody until the warrant can be executed in 
accordance with paragraph (a) of this section.


Sec. 2.100  Warrant placed as detainer and dispositional review.

    (a) When a parolee is in the custody of other law enforcement 
authorities, or is serving a new sentence of imprisonment, a parole 
violation warrant may be lodged against him as a detainer.
    (b) If the parolee is serving a new sentence of imprisonment and is 
eligible for parole under the Commission's jurisdiction, a 
dispositional revocation hearing shall be scheduled as soon as the 
parolee has applied for an initial hearing on the new sentence, or as 
soon as practicable if the parolee is serving a new sentence of one 
year or less. In such cases, the warrant shall not be executed except 
upon final order of the Commission. In any other cases, the detainer 
shall be reviewed on the record pursuant to paragraph (c) of this 
section.
    (c) If the parolee is serving a new sentence of imprisonment that 
does not include eligibility for parole under the Commission's 
jurisdiction, the Commission shall review the detainer upon the request 
of the parolee. Following such review, the Commission may:
    (1) Withdraw the detainer and order reinstatement of the parolee to 
supervision upon release from custody, or close the case if the 
expiration date has passed.
    (2) Order a dispositional revocation hearing to be conducted by a 
hearing examiner or an official designated by the Commission at the 
institution in which the parolee is confined. In such case, the warrant 
shall not be executed except upon final order of the Commission.
    (3) Let the detainer stand until the new sentence is completed. 
After the release of the parolee, and the consequent execution of the 
Commission's warrant, an institutional revocation hearing shall be 
conducted when the parolee is returned to federal custody.
    (d) Dispositional revocation hearings pursuant to this section 
shall be conducted in accordance with the provisions governing 
institutional revocation hearings, except that a hearing conducted at a 
state or local facility may be conducted by a hearing examiner, hearing 
examiner panel, or other official designated by the Commission. 
Following a revocation hearing conducted pursuant to this section, the 
Commission may take any action specified in Sec. 2.105.
    (1) The date the violation term commences is the date the 
Commission's warrant is executed. It shall be the policy of the 
Commission that the parolee's violation term (i.e., the unexpired term 
that remained to be served at the time the parolee was released on 
parole) shall start to run only upon his release from the confinement 
portion of the sentence for the new offense, or the date of reparole 
granted pursuant to this subpart, whichever comes first.
    (2) A parole violator whose parole is revoked shall be given 
recognition for all time in confinement for any new offense that is 
considered by the Commission as a basis for revocation for the limited 
purpose of satisfying the time ranges in the reparole guidelines at 
Sec. 2.81. The computation of the prisoner's sentence, and forfeiture 
of all time on parole pursuant to D.C. Code 24-206(a), is not affected 
by such guideline credit.


Sec. 2.101  Revocation: Preliminary interview.

    (a) Interviewing officer. A parolee who is retaken on a warrant 
issued by the Commission shall promptly be offered a preliminary 
interview by a Community Supervision Officer (or other official 
designated by the Commission). The purpose of the preliminary interview 
is to enable the Commission to determine if there is probable cause to 
believe that the parolee has violated his parole as charged, and if so, 
whether a local or institutional revocation hearing should be 
conducted. Any Community Supervision Officer or U.S. Probation Officer 
in the district where the prisoner is confined may conduct the 
preliminary interview, provided he or she is not the officer who 
recommended that the warrant be issued.
    (b) Notice and opportunity to postpone interview. At the beginning 
of the preliminary interview, the interviewing officer shall ascertain 
that the warrant application has been given to the parolee as required 
by Sec. 2.99(b). The interviewing officer shall advise the parolee that 
he may have the preliminary interview postponed in order to obtain an 
attorney (and/or witnesses and evidence on his behalf), and that he may 
apply for counsel to be assigned by the D.C. Public Defender Service or 
otherwise obtained. In addition, the parolee may request the Commission 
to obtain the presence of adverse witnesses (i.e., persons who have 
given information upon which revocation may be based). Such adverse 
witnesses may be requested to attend the postponed preliminary 
interview if the parolee meets the requirements for a local revocation 
hearing under Sec. 2.102(a). The parolee shall be given advance notice 
of the time and place of a postponed preliminary interview.
    (c) Review of the charges. At the preliminary interview, the 
interviewing officer shall review the violation charges with the 
parolee and shall apprise the parolee of the evidence that has been 
presented to the Commission. The interviewing officer shall ascertain 
whether the parolee admits or denies each charge listed on the warrant 
application, as well as the parolee's explanation of the facts giving 
rise to each charge. The officer shall also receive the statements of 
any witnesses and documentary evidence on behalf of the parolee.
    (d) At the conclusion of the preliminary interview, the 
interviewing officer shall inform the parolee of his recommended 
decision as to whether there is probable cause to believe that the 
parolee has violated the conditions of his release, and shall submit to 
the Commission a digest of the interview together with a recommended 
decision.
    (1) If the interviewing officer's recommended decision is that 
there is no probable cause to believe that the parolee has violated the 
conditions of his release, a Commissioner shall review such recommended 
decision and notify the parolee of his final decision concerning 
probable cause as expeditiously as possible. A decision to release the 
parolee shall be implemented without delay.
    (2) If the interviewing officer's recommended decision is that 
there is probable cause to believe that the parolee has violated a 
condition (or

[[Page 20010]]

conditions) of his release, the Commissioner shall notify the parolee 
of the final decision concerning probable cause within 21 days of the 
date of the preliminary interview.
    (3) Release notwithstanding probable cause. If the Commission finds 
probable cause to believe that the parolee has violated the conditions 
of his release, reinstatement to supervision or release pending further 
proceedings may be ordered in the Commission's discretion if it 
determines that:
    (i) Continuation of revocation proceedings is not warranted despite 
the violations found; or
    (ii) Incarceration pending further revocation proceedings is not 
warranted by the alleged frequency or seriousness of such violation or 
violations, and the parolee is neither likely to fail to appear for 
further proceedings, nor constitutes a danger to himself or others.
    (e) Conviction as probable cause. Conviction of any Federal, 
District of Columbia, State, or local crime committed subsequent to 
release by a parolee shall constitute probable cause for the purposes 
of this section, and no preliminary interview shall be conducted unless 
ordered by a Commissioner to consider additional violation charges 
(including, but not limited to, unadjudicated criminal offenses) that 
may be determinative of the Commission's decision regarding revocation 
and/or reparole.
    (f) Local revocation hearing. A postponed preliminary interview may 
be conducted as a local revocation hearing by an examiner or other 
officer designated by a Commissioner provided that the parolee has been 
advised that the postponed preliminary interview will constitute his 
final revocation hearing. It shall be the Commission's policy to 
conduct a combined preliminary interview and local revocation hearing 
whenever adverse witnesses are required to appear and give testimony 
with respect to contested charges.


Sec. 2.102  Place of revocation hearing.

    (a) If the parolee requests a local revocation hearing, he shall be 
given a revocation hearing reasonably near the place of the alleged 
violation(s) or arrest, with a full opportunity to contest the charges 
against him, if the following conditions are met:
    (1) The parolee has not been convicted of a crime committed while 
under supervision;
    (2) The parolee denies all charges against him; and
    (3) The parolee shall also be given a local revocation hearing if 
he admits (or has been convicted of) one or more charged violations, 
but denies at least one unadjudicated charge that may be determinative 
of the Commission's decision regarding revocation and/or reparole, and 
requests the presence of one or more adverse witnesses regarding that 
contested charge. If the appearance of such witness at the hearing is 
precluded by the Commission for good cause, a local revocation hearing 
shall not be ordered.
    (b) If there are two or more charged violations, the hearing may be 
conducted near the place of the violation chiefly relied upon by the 
Commission as a basis for the issuance of the warrant or summons.
    (c) A parolee who voluntarily waives his right to a local 
revocation hearing, or who admits all the charged violations of the 
conditions of his release, or who is retaken following release from a 
sentence of imprisonment for a new crime, shall be given an 
institutional revocation hearing upon his return or recommitment to an 
institution. An institutional revocation hearing may also be conducted 
in the District of Columbia jail or prison facility in which the 
parolee is being held. However, a Commissioner may, on his own motion, 
designate any case for a local revocation hearing. The difference in 
procedures between a ``local revocation hearing'' and an 
``institutional revocation hearing'' is set forth in Sec. 2.103.
    (d) A parolee retaken on a warrant issued by the Commission shall 
be retained in custody until final action relative to revocation of his 
release, unless otherwise ordered by the Commission under 
Sec. 2.101(e)(2). A parolee who has been given a revocation hearing 
pursuant to the issuance of a summons shall remain on supervision 
pending the decision of the Commission, unless the Commission has 
provided otherwise.
    (e) A local revocation hearing shall be scheduled to be held within 
sixty days of the probable cause determination. Institutional 
revocation hearings shall be scheduled to be held within ninety days of 
the date of the execution of the violator warrant upon which the 
parolee was retaken. However, if a parolee requests and receives any 
postponement, or consents to a postponement, or by his actions 
otherwise precludes the prompt conduct of such proceedings, the above-
stated time limits may be extended. A local revocation hearing may be 
conducted by an examiner, hearing examiner panel, or other official 
designated by the Commission.


Sec. 2.103  Revocation hearing procedure.

    (a) The purpose of the revocation hearing shall be to determine 
whether the parolee has violated the conditions of his release and, if 
so, whether his parole or mandatory release should be revoked or 
reinstated.
    (b) At a local revocation hearing, the alleged violator may present 
both witnesses and documentary evidence in his behalf. At an 
institutional revocation hearing, the alleged violator may only present 
documentary evidence in his behalf, including statements taken from 
witnesses. At any hearing, the presiding hearing officer or examiner 
may limit or exclude any irrelevant or repetitious statement or 
documentary evidence.
    (c) At a local revocation hearing, the Commission may, on the 
request of the alleged violator or on its own motion, require the 
attendance of adverse witnesses who have given statements upon which 
revocation may be based. The adverse witnesses who are present shall be 
made available for questioning and cross-examination in the presence of 
the alleged violator. A finding of good cause for the non-attendance of 
an adverse witness may be based on a significant possibility of harm to 
the witness, the witness not being reasonably available, and/or the 
availability of documentary evidence that is an adequate substitute for 
live testimony. Neither adverse nor favorable witnesses will be 
requested to appear at institutional revocation hearings.
    (d) All evidence upon which the finding of violation may be based 
shall be disclosed to the alleged violator at or before the revocation 
hearing. The hearing officer or examiner panel may disclose documentary 
evidence by permitting the alleged violator to examine the document 
during the hearing, or where appropriate, by reading or summarizing the 
document in the presence of the alleged violator.
    (e) An alleged violator may be represented by an attorney at either 
a local or an institutional revocation hearing. In lieu of an attorney, 
an alleged violator may be represented at any revocation hearing by a 
person of his choice. However, the role of such non-attorney 
representative shall be limited to offering a statement on the alleged 
violator's behalf. Only licensed attorneys shall be permitted to 
question witnesses, make objections, and otherwise provide legal 
representation for parolees.


Sec. 2.104  Issuance of subpoena for appearance of witnesses or 
production of documents.

    (a)(1) If any person who has given information upon which 
revocation may

[[Page 20011]]

be based refuses, upon request by the Commission, to appear at a 
preliminary interview or local revocation hearing, the Commission may 
issue a subpoena for the appearance of such witness. Such subpoena may 
also be issued at the discretion of a Commissioner in the event such 
adverse witness is judged unlikely to appear as requested.
    (2) In addition, a Commissioner may, upon a showing by the parolee 
that a witness whose testimony is necessary to the proper disposition 
of his case will not appear voluntarily at a local revocation hearing 
or provide an adequate written statement of his testimony, issue a 
subpoena for the appearance of such witness at the revocation hearing.
    (3) Such subpoenas may also be issued at the discretion of a 
Commissioner if deemed necessary for the orderly processing of the 
case.
    (b) A subpoena issued pursuant to paragraph (a) of this section may 
require the production of documents as well as, or in lieu of, a 
personal appearance. The subpoena shall specify the time and the place 
at which the person named therein is commanded to appear, and shall 
specify any documents required to be produced.
    (c) A subpoena may be served by any Federal or District of Columbia 
officer authorized to serve criminal process. The subpoena may be 
served at any place within the judicial district in which the place 
specified in the subpoena is located, or any place where the witness 
may be found. Service of a subpoena upon a person named therein shall 
be made by delivering a copy thereof to such a person.
    (d) If a person refuses to obey such subpoena, the Commission may 
petition a court of the United States for the judicial district on 
which the parole proceeding is being conducted, or in which such person 
may be found, to require such person to appear, testify, or produce 
evidence. If the court issues an order requiring such person to appear 
before the Commission, failure to obey such an order is punishable as 
contempt. 18 U.S.C. 4214 (1976).


Sec. 2.105  Revocation decisions.

    (a) Whenever a parolee is summoned or retaken by the Commission, 
and the Commission finds by a preponderance of the evidence that the 
parolee has violated one or more conditions of parole, the Commission 
may take any of the following actions:
    (1) Restore the parolee to supervision, including where 
appropriate:
    (i) Reprimand the parolee;
    (ii) Modify the parolee's conditions of release; or
    (iii) Refer the parolee to a residential community treatment center 
for all or part of the remainder of his original sentence; or
    (2) Revoke parole.
    (b) If parole is revoked pursuant to this section, the Commission 
shall also determine, on the basis of the revocation hearing, whether 
immediate reparole is warranted or whether parole should be terminated 
pursuant to D.C. Code 206(a), and the parolee returned to prison. If 
the parolee is returned to prison, the Commission shall also determine 
a presumptive release date pursuant to Sec. 2.81.
    (c) Decisions under this section shall be made upon the concurrence 
of two Commissioner votes, except that a decision to override an 
examiner panel recommendation shall require the concurrence of three 
Commissioner votes.
    (d) Pursuant to D.C. Code 24-206(a), a parolee whose parole is 
revoked by the Commission shall receive no credit toward his sentence 
for time spent on parole (including any time the parolee may have spent 
in confinement on other sentences prior to the execution of the 
Commission's warrant).
    (e) Notwithstanding paragraphs (a) through (d) of this section, 
prisoners committed under the Federal Youth Corrections Act shall not 
be subject to forfeiture of time on parole, but shall serve 
uninterrupted sentences from the date of conviction except as provided 
in Sec. 2.10(b) and (c). This exception from D.C. Code 24-206(a) does 
not apply to prisoners serving sentences under the D.C. Youth 
Rehabilitation Act, to which D.C. Code 24-206(a) is fully applicable.
    (f) In determining whether to revoke parole for non-compliance with 
a condition requiring payment of a fine, restitution, court costs or 
assessment, and/or court ordered child support or alimony payment, the 
Commission shall consider the parolee's employment status, earning 
ability, financial resources, and any other special circumstances that 
may have a bearing on the matter. Revocation shall not be ordered 
unless the parolee is found to be deliberately evading or refusing 
compliance.

    Dated: April 5, 2000.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 00-9051 Filed 4-12-00; 8:45 am]
BILLING CODE 4410-31-U