[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45885-45903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18602]


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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: Final rule.

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SUMMARY: The U.S. Parole Commission is issuing final rules for parole-
eligible D.C. Code prisoners and parolees pursuant to the National 
Capital Revitalization and Self-Government Improvement Act of 1997. The 
final rules incorporate the interim rules for D.C. Code prisoners that 
took effect on August 5, 1998, as well as new provisions pertaining to 
D.C. Code parolees. This will carry out the transfer to the U.S. Parole 
Commission of the authority currently exercised by the D.C. Board of 
Parole over the parole supervision and revocation process, which the 
Revitalization Act requires to take place by August 5, 2000. These 
final rules will constitute, in amended and supplemented form, the 
complete parole regulations of the District of Columbia.

DATES: These rules are effective August 5, 2000.

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, for information concerning 
these rules. For inquiries about individual cases and all other 
matters, please contact (301) 492-5821.

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 D.C. Board of Parole on August 5, 1998. Interim rules, with a 
request for public comment, were published at 63 FR 39172 (July 21, 
1998), and were amended at 63 FR 57060 (October 26, 1998) and 64 FR 
5611 (February 4, 1999). They were republished in their entirety at 65 
FR 19996 (April 13, 2000) with a continued request for public comment. 
The Commission has determined that it is now appropriate to publish 
these rules as final rules.
    The Revitalization Act also requires that the remaining powers and 
duties of the D.C. Board of Parole (concerning the supervision and 
revocation of parolees) be transferred to the U.S. Parole Commission by 
August 5, 2000. In anticipation of this transfer of authority, the 
Commission published proposed rules, at 65 FR 20006 (April 13, 2000) to 
govern the Commission's exercise of that additional authority. After 
careful consideration of the public comment received, the Commission 
has determined that these proposed rules are also ready for publication 
as final rules effective August 5, 2000.
    Accordingly, the Commission is republishing, as a final rule, the 
complete Subpart C that sets forth the parole release, supervision, and 
revocation policies and procedures of the U.S. Parole Commission with 
regard to District of Columbia Code prisoners and parolees. Pursuant to 
D.C. Code 24-1231(a)(1), these amended and supplemented rules will 
replace the rules of the D.C. Board of Parole originally published at 
28 D.C.M.R. section 100 et. seq., and will constitute the parole 
regulations of the District of Columbia as described in D.C. Code 24-
1231(c).

Summary of the Public Comment

    The Commission received public comment on both the interim and 
proposed rules that were published on April 13, 2000, at a public 
hearing held by the Commission on June 19, 2000, and through the 
submission of written statements and letters. The public comment is 
summarized below, together with the Commission's views on certain of 
the issues raised.

Law Student Representation

    Much of the comment from law professors and law students concerned 
the proposed rule at Sec. 2.103(e) that only licensed attorneys be 
permitted to engage in legal advocacy at parole revocation hearings. 
This comment made a strong case for the Commission permitting 
representation by law students in a clinical practice program. Such a 
provision therefore appears in the final rules.

Initial Parole Hearings

    Other comment focused on the problem of delays in initial hearings 
and in processing grants of parole (which have frequently occurred for 
prisoners housed in District prisons). Complaints were made about 
delays to obtain more information and about delays in receiving notices 
of action. Although the Commission was commended for its rule at 28 CFR 
2.71 requiring that initial hearings be held 180 days prior to parole 
eligibility, the point was made that this deadline is not being met in 
practice. The complaint was also made that Department of Corrections 
case managers are not always providing parole application forms, and 
that all eligible prisoners should be placed on the docket for a 
hearing, whether or not there has been a waiver of parole. (This 
proposal appears to reflect a high level of distrust of prison staff.) 
The Commission was advised by the D.C. Public Defender Service to 
assume ``full responsibility'' for docketing eligible prisoners 
wherever confined. However, the USPC staff does not have the ability to 
monitor the current location and parole eligibility status of all 
inmates throughout the D.C. system (including contract facilities), and 
it therefore does not have the ability to organize parole dockets at 
the D.C. institutions it visits. In all likelihood, most of these 
problems will be resolved as more and more D.C. inmates are transferred 
to federal facilities prior to the December 31, 2001, deadline set by 
the Revitalization Act. However, some delays are made necessary by the 
need for the Commission to acquire the basic information that is often 
missing from inmates' files (e.g., presentence reports). Such delays 
are ordered only where a responsible release decision cannot be made on 
the basis of the file materials furnished to the Commission by District 
officials.
    Another complaint was that no account is taken by the Commission of 
the ``dead time'' caused by a delayed initial parole hearing when a 
set-off is ordered. The Commission, however, has expressly provided for 
situations

[[Page 45886]]

involving a ``substantial delay in holding the initial hearing'' at 
Sec. 2.75(b), so that such ``dead time'' is in fact compensated for by 
the Commission.
    Much comment was made concerning the prohibition on representatives 
at parole hearings in D.C. institutions, and concern was expressed that 
this would extend to private prisons. Our experience thus far, however, 
is that federal contract facilities are following BOP rules in 
permitting all types of representatives at parole hearings. (In 1998, 
the Department of Corrections requested the Commission to keep in place 
the D.C. Board of Parole's prohibition on representatives at parole 
hearings held in District facilities.) Moreover, if the Public Defender 
Service has had to acquire additional attorneys just to cover 
revocation hearings, it is difficult to understand how legal counsel 
could be provided to prisoners at ordinary parole hearings on anything 
like a fair basis.

Rehearings

    Other complaints concerned cases in which the D.C. Board of Parole 
had ordered a rehearing with specific program recommendations, and the 
USPC subsequently denied parole and ordered a further continuance 
notwithstanding the inmate's program achievements. However, when such 
cases have arisen, the prisoners involved are typically serious risk 
cases whose favorable prison records do not justify grants of parole at 
the set-off date ordered by the Board. Some commenters appear to 
believe that the D.C. Board of Parole granted parole more frequently 
than the Commission does, but no evidence of this was adduced.

Telephone Calls and FOIA Requests

    One complaint was made that telephone calls to Commission analysts 
are not being given satisfactory responses, and that Freedom of 
Information Act (FOIA) requests are not being answered on time. The 
volume of public telephone calls received by the Commission (as to both 
parole-related and non-parole matters) has been extraordinary. The 
Commission is currently seeking an appropriate solution for this 
problem. As to the FOIA, there appears to be a misperception that the 
FOIA can be used as a mechanism to guarantee prehearing disclosure. The 
Commission's rules provide that the reason a particular prisoner is 
making a FOIA request does not give that prisoner priority over other 
FOIA requesters. 28 CFR 2.56(g). FOIA requests will therefore continue 
to be processed on a ``first come first served'' basis by the 
Commission's FOI unit.

Lack of Programs

    Several complaints concerned the perceived unfairness of a 
guideline system that requires program participation, when D.C. inmates 
frequently do not have programs. However, at least one commenter 
understood that 28 CFR 2.80(d) already allows for this by permitting 
points to be deducted in the Commission's discretion even where ``* * * 
prison programs and work assignments are limited or unavailable.'' 
Under this rule, the Commission will deduct a point or points based on 
any reasonable indicant of the prisoner's cooperativeness and good 
behavior.

Appeal Rights

    Unfairness was alleged in the absence of any right to appeal a 
parole decision, as appears in the rules for U.S. Code prisoners. It 
was alleged that the D.C. Board of Parole (at least in practice) 
permitted appeals. This is a doubtful proposition. The rules of the 
D.C. Board of Parole make no mention of appeals, and the Board's 
occasional practice with regard to reopening cases based upon post-
decisional complaints can hardly be viewed as an institutionalized 
appeal system. At any rate, the USPC does not have the staff resources 
at the present time to process a full caseload of appeals from D.C. 
Code inmates along the same lines as appeals from federal inmates under 
18 U.S.C. 4215. In compensation, the Commission will continue to 
require a concurrence of at least two Commissioners for all decisions 
to grant and deny parole. (Appeals in the federal parole system are 
normally from parole decisions made by a single Commissioner.)

Prehearing Disclosure

    Inevitably, comment was directed to the lack of prehearing 
disclosure at D.C. facilities. However, prehearing disclosure requires 
the participation of case managers who are fully trained in federal 
procedures, which the Bureau of Prisons has but the Department of 
Corrections does not have. Hence, the Commission is not in a position 
to institute federal prehearing disclosure procedures in District 
facilities.

Medical and Geriatric Parole

    The Commission was commended for its rules on medical and geriatric 
parole, as well as for its rule on minimum term reduction applications 
under D.C. Code Sec. 24-201c.

Victim Participation

    One complaint was that it is unfair to prisoners to allow the crime 
victim to appear at the parole hearing and give information, without 
the prisoner being able to confront the victim. The Public Defender 
Service also thinks that there is ``disparity'' in the rights given to 
victims to appear and oppose parole as compared with the rights given 
to friends and supporters of the prisoner. One commenter believes that 
victims should have told everything at the trial (which does not 
account for convictions resulting from plea bargains), and considers it 
unfair to let victims say anything at all. Nonetheless, District of 
Columbia law gives victims the right to participate in parole hearings, 
and the Commission has an obligation to follow D.C. law in this matter. 
If anything, the current opportunities for victim participation have 
redressed a situation in which crime victims were for too long ignored 
by the criminal justice system.

Five-Year Continuances

    The same commenter also decried the possibility of a maximum five-
year continuance (reserved for the most serious cases involving 
guideline departures). However, the D.C. Board of Parole occasionally 
ordered continuances even longer then five-years. In the Commission's 
practice, five-year continuances are limited to a small number of 
prisoners (under five percent) who have committed exceptionally cruel 
and violent crimes. Most continuances are for 36 months or less.

Alleged Discrimination

    Other comments were received concerning the perceived 
discrimination of the federal system against D.C. inmates in general, 
with one commenter alleging that it looks like the ``truth in 
sentencing'' eighty-five percent rule is already in effect. Another 
commenter alleged that there is institutionalized discrimination in the 
federal system against D.C. Code inmates. With a current parole rate of 
35 percent at initial hearings (reflecting the percentage of eligible 
prisoners with low grid point scores), discrimination is clearly not 
taking place. The Public Defender Service also complains that hearing 
examiners are required to withhold giving their recommended decisions 
to D.C. prisoners while giving them to U.S. prisoners. In the light of 
recent security issues at the Lorton Complex, the Commission has not 
considered it prudent to require the examiners to announce their 
decisions

[[Page 45887]]

in District facilities (which the D.C. Board of Parole did not do).

Warrants

    As to warrants, one comment preferred a ``probable cause'' standard 
to the ``satisfactory evidence'' standard that appears in federal law 
and rules, and called for the adoption of specific criteria to govern 
the issuance of warrants. However, there is no legal or practical 
difference between the two standards. The ``satisfactory evidence'' 
standard requires that the Commission be presented with evidence (not 
just an allegation) which, if sustained, would make revocation of 
parole appropriate.
    Moreover, the Commission has never thought it useful to adopt 
specific criteria for the issuance of warrants. As stated by the 
Supreme Court in Morrissey v. Brewer, 408 U.S. 471 (1972), a warrant 
may be withheld for a time despite violations, but may be issued when 
it becomes clear that the parolee ``can no longer be counted on to 
refrain from anti-social behavior.'' This is a sufficient standard for 
the exercise of the Commission's discretion. Objection was also made to 
the rule permitting execution of a warrant to be voided in favor of 
local prosecutions. Because that traditional practice often benefits 
the parolee by allowing him to deal with his criminal case first, the 
Commission cannot agree with this comment.

The Revocation Process

    Finally, with respect to the Commission's revocation hearing 
procedures, strong opposition was made to the Commission's dual system 
of local versus institutional revocation hearings. (See 18 U.S.C. 
4214.) Although this dual system was recognized as valid for federal 
parolees, it was perceived as unfair to D.C. Code parolees, who have 
traditionally had all revocation hearings held locally. In particular, 
the requirement that the parolee must request (and qualify for) a local 
revocation hearing was perceived as an unfair presumption against a 
local revocation hearing. The Public Defender Service also believes 
that the criteria for receiving a local revocation hearing are ``more 
stringent'' for D.C. Parolees. (They are, in fact, exactly the same as 
for federal parolees.)
    These comments may also reflect some misunderstanding as to the 
Commission's ability to ensure that all arrested parolees can be jailed 
locally while awaiting their revocation hearings. Moreover, a parolee 
who has been convicted of the charged violations (or who has admitted 
the charged violations) is in a very different legal position from a 
parolee who is able to contest the charges against him, and thus has a 
real need for witnesses, cross-examination, and a hearing held locally. 
Only in the latter case does Morrissey v. Brewer, supra, require a 
``local'' revocation hearing. For other cases, there is no prejudice in 
receiving an institutional revocation hearing because the fact that 
parole was violated is already established by the new conviction or 
admission.
    The Public Defender Service also complained that the Commission's 
time deadlines are insufficient; preliminary interviews should be held 
within 5 days of arrest and final revocation hearings 60 days from the 
interview (as opposed to ``promptly'' and ``60 days from the probable 
cause determination''). The Commission's time deadlines are, however, 
the same as in federal law (18 U.S.C. 4214). Nonetheless, this comment 
had a good point that the proposed rules failed to set a deadline for 
the Commission's decision following the revocation hearing. That 
omission has been rectified.
    The final revocation hearing rules have also been modified to 
permit parolees to have voluntary witnesses appear at institutional 
hearings. The rule, however, makes it clear that such parolees cannot 
expect the Commission to compel the appearance of desired witnesses if 
an institutional revocation hearing cannot be held locally. It is our 
expectation that, for the foreseeable future, both ``local revocation 
hearings'' (i.e., fully contested Morrissey type hearings) and 
``institutional revocation hearings (i.e., where the parolee has 
admitted or been convicted of the charges) will be held locally in D.C. 
Department of Corrections facilities. Again, however, the Commission 
has no control over jail housing policies, and institutional revocation 
hearings may be held in facilities outside the District of Columbia 
without violating any fundamental right of the parolee.

Implementation

    The regulations set forth below will be made effective as final 
rules on August 5, 2000, and will apply to all prisoners and parolees 
(including mandatory releasees) who are serving sentences under the 
District of Columbia Code for felony crimes committed prior to August 
5, 2000. The Commission will continue to evaluate these rules (in 
particular, the rules establishing procedures for the parole revocation 
process), and will remain open to any suggestions for improvement from 
judges, practitioners, other agency personnel, and the public at large.

Good Cause Finding

    The Commission is making these final rules effective less than 30 
days from the date of this publication for good cause pursuant to 5 
U.S.C. 553(d)(3). August 5, 2000 is the deadline established by the 
Revitalization Act for the Commission to assume full responsibility for 
all D.C. Code felony offenders under parole supervision. On that date, 
the D.C. Board of Parole will be abolished, so the Commission will have 
to take immediate responsibility for all pending matters, including 
parole revocation proceedings and requests from supervision officers 
for warrants and modifications of the conditions of parole. The 
Commission was not able to have final rules published earlier than 
today's date because of the many legal and operational issues that have 
required resolution during the transition process. Although the Court 
Services and Offender Supervision Agency (CSOSA), which will assume its 
duties as a new federal agency on August 5, 2000, has joined with the 
Commission in an intensive planning and training process, the problems 
presented by the District's current criminal justice system cannot be 
overstated. Finally, these final rules are published on the assumption 
that certification pursuant to D.C. Code 24-1232(h) will have occurred 
prior to August 5, 2000.

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that these final rules do 
not constitute a significant rule within the meaning of Executive Order 
12866. The final rules 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 are deemed by the 
Commission to be rules of agency practice that do 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 Final Rules

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

PART 2--[AMENDED]

    1. The authority citation for 28 CFR part 2 continues to read as 
follows:

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


[[Page 45888]]



    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.
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.
2.106   Youth Rehabilitation Act.
2.107   Interstate Compact.

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 shall constitute the 
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 
scheduled 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 
(including federal contract facilities) may have a representative 
pursuant to Sec. 2.13(b). A prisoner appearing for a parole hearing in 
any other 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 pursuant to Sec. 2.55 
will be available to prisoners and their representatives only in the 
case of prisoners confined in federal facilities (including federal 
contract facilities).
    (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

[[Page 45889]]

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 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 expressly 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 for 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. A final decision releasing a 
parolee from active supervision shall also be based on the concurrence 
of two Commissioner votes. 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 a combined initial hearing and such rehearings 
nunc pro tunc as would otherwise have been held during the delay.
    (c) Notwithstanding the provisions of paragraph (a) of this 
section, 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 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

[[Page 45890]]

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 special 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:
    (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 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

[[Page 45891]]

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 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 violence               +4
 in two or more prior offenses..........................
B. Violence in current offense, and any felony violence               +3
 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 current                +2
 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 with              +3
 death of victim resulting..............................
B. Current offense involved attempted murder, conspiracy              +2
 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..................................

[[Page 45892]]

 
C. Current offense involved high level violence (other                +1
 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,
    (4) Introduction of drugs for purposes of
     distribution, or
    (5) Participating in a violent demonstration or riot              +2
B. Ordinary negative institutional behavior.............              +1
------------------------------------------------------------------------
                     Category V: Program Achievement
------------------------------------------------------------------------
   Note: Use the highest applicable subcategory. If no
           subcategory is applicable, score=0.
A. No program achievement...............................               0
B. Ordinary program achievement.........................              -1
C. Superior program achievement.........................              -2
        Total Point Score (Total of Categories I-V).....
------------------------------------------------------------------------

    (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;
    (vi) Involuntary manslaughter (excluding negligent homicide).
    (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 his probation 
commenced.
    (7) Category IIE applies whenever a firearm is possessed by the 
offender during, or is 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

[[Page 45893]]

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.
    (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
                                          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.
------------------------------------------------------------------------

    (i) Guidelines for Decisions at Initial Hearing--Youth Offenders. 
In considering whether to parole a youth offender at an intial hearing, 
the Commission shall determine the youth offender's total point score 
and then consult the following guidelines for the approprate 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:

------------------------------------------------------------------------
                                                             Months to
       Base point score (categories I through III)           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:

[[Page 45894]]



------------------------------------------------------------------------
              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 prisoner 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 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.

    (a) If the prisoner is not serving a new, parolable D.C. Code 
sentence, the Commission's decision to grant or deny reparole on the 
parole violation term shall be made by reference to the reparole 
guidelines at Sec. 2.21. The Commission shall establish a presumptive 
or effective release date pursuant to Sec. 2.12(b), and conduct interim 
hearings pursuant to Sec. 2.14.
    (b) 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, the Commission shall make a decision to grant or deny 
parole on the basis of the aggregate sentence, and in accordance with 
the guidelines at Sec. 2.80.
    (c) If the prisoner is eligible for parole on a new D.C. Code 
felony sentence but the prisoner's parole violation term has not 
commenced (i.e., the warrant has not been executed), the Commission 
shall make a single parole/reparole decision by applying the guidelines 
at Sec. 2.80. The Commission shall establish an appropriate date for 
the execution of the outstanding warrant in order for the guidelines at 
Sec. 2.80 to be satisfied. In cases where the execution of the warrant 
will not result in the aggregation of the new sentence and the parole 
violation term, the Commission shall make parole and reparole decisions 
that are consistent with the guidelines at Sec. 2.80.
    (d) All reparole hearings shall be conducted according to the 
procedures set forth in Sec. 2.72, and may be combined with the holding 
of a revocation hearing if the prisoner's parole has not previously 
been revoked.


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 the prisoner's 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

[[Page 45895]]

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 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 prisoner 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 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 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 Supervision Officer.
    (4) The parolee shall notify his 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 Supervision Officer 
between the first and third day of each month. He shall also report to 
his 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 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 
Supervision Officer, and support his legal dependents, if any, to the 
best of his ability. He shall report within two days to his 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 Supervision Officer.
    (11) The parole shall not possess a firearm or other dangerous 
weapon.
    (12) The parolee shall permit visits by his Supervision Officer to 
his residence and to his place of business or occupation. He shall 
permit confiscation by his 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 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 
Supervision Officer that is relevant to the payment of the obligation. 
If unable to pay the obligation in one sum, the parolee shall cooperate 
with his Supervision Officer in establishing an installment payment 
schedule.
    (14) The parolee shall submit to a drug test whenever ordered by 
his Supervision Officer.
    (15) If released to the District of Columbia, the parolee shall 
submit to the sanctions imposed by his

[[Page 45896]]

Supervision Officer (within the limits established by the approved 
Schedule of Accountability Through Graduated Sanctions), if the 
Supervision Officer finds that the parolee has tested positive for 
illegal drugs or that he has committed any non-criminal violation of 
the conditions of his parole. Graduated sanctions may include community 
service, curfew with electronic monitoring, and/or a period of time in 
a community treatment center. The parolee's failure to cooperate with a 
graduated sanction imposed by his Supervision Officer will subject the 
parolee to the issuance of a summons or warrant by the Commission, and 
a revocation hearing at which the parolee will be afforded the 
opportunity to contest the violation charge(s) upon which the sanction 
was based. If the Commission finds that the parolee has violated parole 
as alleged, the parolee will also be found to have violated this 
condition. In addition, the Commission may override the imposition of a 
graduated sanction at any time and issue a warrant or summons if it 
finds that the parolee is a risk to the public safety or that he is not 
complying with this condition in good faith.
    (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.
    (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 Supervision Officers before engaging in any conduct 
that may constitute a violation thereof. 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 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

[[Page 45897]]

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 these rules 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) Information other than as described in Sec. 2.37 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)) and 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:

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)
2.23  (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)
2.62  (Rewarding assistance in the prosecution of other offenders: 
criteria and guidelines)
2.65  (Paroling policy for prisoners serving aggregated U.S. and 
D.C. Code sentences)


Sec. 2.90  Prior orders of the Board of Parole.

    Any 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.


Sec. 2.91  Supervision responsibility.

    (a) Pursuant to D.C. Code 24-1233(c) and 4203(b)(4), the District 
of Columbia Court Services and Offender Supervision Agency (CSOSA) 
shall provide supervision, through qualified Supervision Officers, for 
all D.C. Code parolees and mandatory releasees under the jurisdiction 
of the Commission who are released to the District of Columbia. 
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 parolee's 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) A parolee's 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 District 
of Columbia, except that for the purpose of travel permission under 
this section the district of supervision will include the D.C. 
metropolitan area as defined in the certificate of parole.


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

[[Page 45898]]

review shall also be conducted whenever release from supervision is 
specially recommended by the parolee's 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 
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 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 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 to the parolee's 
rehabilitation.
    (e) Except as provided in Sec. 2.99(c), 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 
that 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 that might bring discredit to the parole system, the 
Commission may, in its discretion, do any of the following:
    (a) Issue a summons or warrant to commence the revocation process;
    (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) Issue a summons requiring the offender to appear for a 
preliminary interview or local revocation hearing; or
    (2) Issue a warrant for the apprehension and return of the offender 
to custody.
    (b) A summons or warrant under paragraph (a)(1) of this section may 
be issued or withdrawn only by the Commission, or a member thereof.
    (c) 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 the 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:
    (1) Temporarily withheld;
    (2) Issued by the Commission and held in abeyance;
    (3) Issued by the Commission and a detainer lodged with the 
custodial authority; or
    (4) Issued for the retaking of the parolee.
    (d) 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.
    (e) 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).
    (f) 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

[[Page 45899]]

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.
    (g) Every warrant issued by the Board of Parole of the District of 
Columbia prior to August 5, 2000, shall be deemed to be a valid warrant 
of the U.S. Parole Commission unless withdrawn by the Commission. Such 
warrant shall be executed as provided in Sec. 2.99, and every offender 
retaken upon such warrant shall be treated for all purposes as if 
retaken upon a warrant issued by the Commission.


Sec. 2.99  Execution of warrant and service of summons.

    (a) Any officer of any Federal or District of Columbia correctional 
institution, any Federal Officer authorized to serve criminal process, 
or any officer or designated civilian employee of the Metropolitan 
Police Department of the District of Columbia, 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 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 arresting officer may, within 72 hours of executing the 
Commission's warrant, release the parolee to such other 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 
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 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 imposed for a 
crime committed while on parole or for a violation of some other form 
of community supervision, 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 and has applied for parole under the Commission's 
jurisdiction, a dispositional revocation hearing shall be scheduled 
simultaneously with the initial hearing on the new sentence. In such 
cases, the warrant shall not be executed except upon final order of the 
Commission following such hearing, as provided in Sec. 2.81(c). 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 
following such hearing.
    (3) Let the detainer stand until the new sentence is completed. 
Following the release of the parolee, and the execution of the 
Commission's warrant, an institutional revocation hearing shall be 
conducted after the parolee is returned to federal custody.
    (d) Dispositional revocation hearings pursuant to this section 
shall be conducted in accordance with the provisions at Sec. 2.103 
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 last 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 credit 
for all time in confinement resulting from any new offense or violation 
that is considered by the Commission as a basis for revocation, but 
solely 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 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 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 
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

[[Page 45900]]

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 at Sec. 2.102(a) for a local revocation hearing. 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. At a 
postponed preliminary interview, the hearing officer shall also permit 
the cross-examination of any adverse witnesses in attendance. However, 
in such cases, the Commission will ordinarily have ordered a combined 
preliminary interview and local revocation hearing as provided in 
paragraph (f) of this section.
    (d) Probable cause determination. 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 
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 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 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.
    (g) Late received charges. If the Commission is notified of an 
additional charge after probable cause has been found to proceed with a 
revocation hearing, the Commission may:
    (1) Remand the case for a supplemental preliminary interview if the 
new charge may be contested by the parolee and possibly result in the 
appearance of witness(es) at the revocation hearing;
    (2) Notify the prisoner that the additional charge will be 
considered at the revocation hearing without conducting a supplemental 
interview; or
    (3) Determine that the new charge shall not be considered at the 
revocation hearing.


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 the 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; and
    (2) The parolee denies all charges against him.
    (b) 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.
    (c) If there are two or more contested charges, a local revocation 
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.
    (d) A parolee who voluntarily waives his right to a local 
revocation hearing, or who admits one or more charged violations 
without contesting any unadjudicated charge that may be determinative 
of the Commission's decision regarding revocation and/or reparole, 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 such case for a 
local revocation hearing instead.) The difference in procedures between 
a ``local revocation hearing'' and an ``institutional revocation 
hearing'' is set forth in Sec. 2.103.
    (e) A parolee retaken on a warrant issued by the Commission shall 
be retained in custody until final action relative to revocation of his 
parole, unless otherwise ordered by the Commission under 
Sec. 2.101(e)(3). 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.
    (f) A local revocation hearing shall be scheduled to be held within 
sixty days of the probable cause determination. Institutional 
revocation hearings shall

[[Page 45901]]

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 
voluntary witnesses and documentary evidence in his behalf. The alleged 
violator may also seek the compulsory attendance of any adverse 
witnesses for cross-examination, and any relevant favorable witnesses 
who have not volunteered to attend. At an institutional revocation 
hearing, the alleged violator may present voluntary witnesses and 
documentary evidence in his behalf, but may not request the Commission 
to secure the attendance of any adverse or favorable witness. At any 
hearing, the presiding hearing officer or examiner may limit or exclude 
any irrelevant or repetitious statement or documentary evidence, and 
may prohibit the parolee from contesting matters already adjudicated 
against him in other forums.
    (c) At a local revocation hearing, the Commission shall, on the 
request of the alleged violator, require the attendance of any 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. The Commission may also require the attendance of adverse 
witnesses on its own motion, and may excuse any requested adverse 
witness from appearing at the hearing (or from appearing in the 
presence of the alleged violator) if it finds good cause for so doing. 
A finding of good cause for the non-appearance of a requested adverse 
witness may be based, for example, 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.
    (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, except in the case of law students 
appearing before the Commission as part of a court-approved clinical 
practice program, with the consent of the alleged violator, and under 
the personal direction of a lawyer or law professor who is physically 
present at the hearing.


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

    (a)(1) If any adverse witness (i.e., a person who has given 
information upon which revocation may be based) refuses, upon request 
by the Commission, to appear at a preliminary interview or local 
revocation hearing, a Commissioner 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 whether immediate reparole is warranted or whether 
parole should be terminated pursuant to D.C. Code 24-206(a). 
Termination of parole shall return the parolee 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. The Commission's decision shall ordinarily be 
issued within 21 days of the hearing, excluding weekends and holidays.
    (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

[[Page 45902]]

parole, including any time the parolee may have spent in confinement on 
other sentences (or in a halfway house as a condition of parole) 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.


Sec. 2.106  Youth Rehabilitation Act.

    (a) Regulations governing YRA offenders and D.C. Code FYCA 
offenders. The provisions of this section shall apply to offenders 
sentenced pursuant to the Youth Rehabilitation Act of 1985 (D.C. Code 
24-801 et seq.) (YRA), and to D.C. Code offenders sentenced under the 
former Federal Youth Corrections Act (former 18 U.S.C. 5005 et seq.) 
(FYCA).
    (b) Application of this subpart to YRA offenders. All provisions of 
this subpart that apply to adult offenders also apply to YRA offenders 
unless a specific exception is made for YRA (or youth) offenders. The 
specific exceptions for YRA offenders, apart from this section, are 
found in Sec. 2.71(b) (timing of initial parole hearings), Sec. 2.75(b) 
(timing of reconsideration hearings), Sec. 2.80(i) (guidelines for 
decisions at initial hearings), and Sec. 2.80(l) (guidelines for 
decisions at subsequent hearings).
    (c) No further benefit finding. If there is a finding that a YRA 
offender will derive no further benefit from treatment, such prisoner 
shall be considered for parole, and for any other action, exclusively 
under the provisions of this subpart that are applicable to adult 
offenders. Such a finding may be made pursuant to D.C. Code 24-805 by 
the Department of Corrections or by the Bureau of Prisons, and shall be 
promptly forwarded to the Commission. However, if the finding is 
appealed to the sentencing judge, the prisoner will continue to be 
treated under the provisions pertaining to YRA offenders until the 
judge makes a final decision denying the appeal.
    (d) Program plans. At a YRA prisoner's initial parole hearing, a 
program plan for the prisoner's treatment shall be submitted by 
institutional staff and reviewed by the hearing examiner. Any proposed 
modifications to the plan shall be discussed at the hearing, although 
further relevant information may be presented and considered after the 
hearing. The plan shall adequately account for the risk implications of 
the prisoner's current offense and criminal history and shall address 
the prisoner's need for rehabilitational training. The program plan 
shall also include an estimated date of completion. The criteria at 
Sec. 2.64(d) for successful response to treatment programs shall be 
considered by the Commission in determining whether the proposed 
program plan would effectively reduce the risk to the public welfare.
    (e) Parole violators. A YRA parolee who has had his parole revoked 
shall be scheduled for a rehearing within six months of the revocation 
hearing to review the new program plan prepared by institutional staff, 
unless a parole effective date is granted after the revocation hearing. 
Such program plan shall reflect a thorough reassessment of the 
prisoner's rehabilitational needs in light of the prisoner's failure on 
parole. Decisions on reparole shall be made using the guidelines at 
Sec. 2.80. If a YRA parolee is sentenced to a new prison term of one 
year or more for a crime committed while on parole, the case shall be 
referred to correctional authorities for consideration of a ``no 
further benefit'' finding.
    (f) Unconditional Discharge From Supervision. (1) A YRA parolee may 
be unconditionally discharged from supervision after service of one 
year on parole supervision if the Commission finds that supervision is 
no longer needed to protect the public safety. A review of the 
parolee's file shall be conducted after the conclusion of each year of 
supervision upon receipt of an annual progress report, and upon receipt 
of a final report to be submitted by the supervision officer six months 
prior to the sentence expiration date.
    (2) In making a decision concerning unconditional discharge, the 
Commission shall consider the facts and circumstances of each case, 
focusing on the risk the parolee poses to the public and the benefit he 
may obtain from further supervision. The decision shall be made after 
an analysis of case-specific factors, including, but not limited to, 
the parolee's prior criminal history, the offense behavior that led to 
his conviction, record of drug or alcohol dependence, employment 
history, stability of residence and family relationships, and the 
number and nature of any incidents while under supervision (including 
new arrests, alleged parole violations, and criminal investigations).
    (3) An order of unconditional discharge from supervision terminates 
the YRA offender's sentence. Whenever a YRA offender is unconditionally 
discharged from supervision, the Commission shall issue a certificate 
setting aside the offender's conviction. If the YRA offender is not 
unconditionally discharged from supervision prior to the expiration of 
his sentence, a certificate setting aside the conviction may be issued 
nunc pro tunc if the Commission finds that the failure to issue the 
decision on time was due to administrative delay or error, or that the 
Supervision Officer failed to present the Commission with a progress 
report before the end of the supervision term, and the offender's own 
actions did not contribute to the absence of the final report. However, 
the offender must have deserved to be unconditionally discharged from 
supervision before the end of his supervision term for a nunc pro tunc 
certificate to issue.


Sec. 2.107  Interstate Compact.

    (a) Pursuant to D.C. Code 24-1233(b)(2)(G), the Director of the 
Court Services and Offender Supervision Agency (CSOSA), or his 
designee, shall be the Compact Administrator with regard to the 
following individuals on parole supervision pursuant to the Interstate 
Parole and Probation Compact authorized by D.C. Code 24-251:
    (1) All D.C. Code parolees who are under the supervision of 
agencies in jurisdictions outside the District of Columbia; and
    (2) All parolees from other jurisdictions who are under the 
supervision of CSOSA within the District of Columbia.
    (b) Transfers of supervision pursuant to the Interstate Compact, 
where appropriate, may be arranged by the Compact Administrator, or his 
designee, and carried out with the approval of the Parole Commission. A 
D.C. Code parolee who is under the Parole Commission's jurisdiction 
will ordinarily be released or transferred to the supervision of a U.S. 
Probation Office outside the District of Columbia.
    (c) Upon receipt of a report that a D.C. Code parolee, who is under 
supervision pursuant to the Interstate Compact in a

[[Page 45903]]

jurisdiction outside the District of Columbia, has violated his or her 
parole, the Commission may issue a warrant pursuant to the procedures 
of Sec. 2.98. The warrant may be executed as provided as in Sec. 2.99. 
A parolee who is arrested on such a warrant shall be considered to be a 
prisoner in federal custody, and may be returned to the District of 
Columbia or designated to a facility of the Bureau of Prisons at the 
request of the Commission.
    (d) If a parolee from another jurisdiction, who is under the 
supervision of CSOSA pursuant to the Interstate Compact, is alleged to 
have violated his or her parole, the Compact Administrator or his 
designee may issue a temporary warrant to secure the arrest of the 
parolee pending issuance of a warrant by the original paroling agency. 
If so requested, the Commission will conduct a courtesy revocation 
hearing on behalf of the original paroling agency whenever a revocation 
hearing within the District of Columbia is required.
    (e) The term ``D.C. Code parolee'' shall include any felony 
offender who is serving a period of parole or mandatory release 
supervision pursuant to a sentence of imprisonment imposed under the 
District of Columbia Code.

    Dated: July 18, 2000.
Michael J. Gaines,
Chairman, Parole Commission.
[FR Doc. 00-18602 Filed 7-25-00; 8:45 am]
BILLING CODE 4410-31-U