[Federal Register Volume 68, Number 134 (Monday, July 14, 2003)]
[Rules and Regulations]
[Pages 41527-41531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17175]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Prisoners Serving Sentences Under the United States and District of 
Columbia Codes

AGENCY: United States Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is amending a number of procedural 
rules to reflect changes in the structure of the Commission, and the 
transfer of District of Columbia felony offenders to the custody of the 
Bureau of Prisons. In addition to eliminating obsolete procedural 
rules, the Commission is simplifying a rule on the timing of interim 
hearings for Federal offenders and providing consistent instructions 
regarding the determination of a revocation hearing location for 
alleged parole and supervised release violators. Finally, the 
Commission is making a number of corrections and editorial changes, 
primarily amendments to the citations to the District of Columbia Code 
made necessary as a result of a recodification of D.C. criminal laws.

DATES: Effective Date: August 13, 2003.

FOR FURTHER INFORMATION CONTACT: Office of General Counsel, U.S. Parole 
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, 
telephone (301) 492-5959. Questions about this publication are welcome, 
but inquiries concerning individual cases cannot be answered over the 
telephone.

SUPPLEMENTARY INFORMATION: Until October, 1991 the U.S. Parole 
Commission carried out its responsibilities through Regional 
Commissioners and staff located in five regional offices across the 
country, and National Commissioners and staff located in its 
headquarters office in Chevy Chase, Maryland. Over the next five years 
the Commission gradually consolidated its operations into the 
headquarters office in Maryland as the agency faced the prospect of a 
reduced caseload of Federal prisoners and parolees due to laws that 
abolished parole for Federal offenders and limited the life of the 
Commission. The Commission made some changes in its voting procedures 
as the agency reduced its size (see 61 FR 55742 (Oct. 29, 1996)). But 
some procedures that were deemed necessary when regional offices 
existed were left in place though the rationale for the procedures was 
diminished. The voting and notice procedures that the Commission is 
eliminating through this publication fall into this category. The 
voting procedures, found at 28 CFR 2.24(b)(1) and (2) and 2.28(a)(1), 
allow a Regional Commissioner to make a modest modification (either an 
increase or a decrease) to a recommended or established release date 
without securing the concurring vote of a National Commissioner. 
Section 2.24(a) also includes a requirement that the prisoner be given 
notice when his case is transferred by the Regional Commissioner to the 
National Commissioners for a further vote due to the Regional 
Commissioner's significant disagreement with the recommendation of an 
examiner panel. The voting procedures were created as a response to the 
Regional Commissioners' desire for greater flexibility in decision-
making and to avoid the process of securing National Commissioner votes 
(including shipping case files across the country) when there was only 
a modest disagreement on a release date. The notice requirement was 
implemented to ensure that the prisoner was informed of the reason the 
Commission would not be able to meet the normal 21-day time limit for 
making a release decision when the case was referred to the National 
Commissioners. The rationales described above do not have the same 
force now that the Commissioners are all located in one office in Chevy 
Chase, Maryland, and case files do not have to be transferred across 
the country for Commissioner votes. In recent years the Commission has 
very rarely used the voting procedures of Sec. Sec.  2.24(b)(1) and 
(2). The revised rules eliminate the requirement regarding notice of a 
referral for subsequent voting and provide that the concurrence of two 
Commissioners is needed to make a decision when the Regional 
Commissioner disagrees with the examiner panel on the disposition of 
the case, or when the Regional Commissioner votes to reopen a case 
under Sec.  2.28(a) and advance a presumptive release date.
    Another rule amendment that the Commission is making to correspond 
to a change in its structure is the amendment to Sec.  2.17. The 
Commission is amending the procedural rule regarding the voting quorum 
in original jurisdiction cases to reflect an increase in the agency's 
authorized membership, and the possibility that the number of 
Commissioners may change from the present number now holding office 
(three Commissioners). In section 11231(c) of the National Capital 
Revitalization and Self-Government Improvement Act of 1997, Pub. L. 
105-33, Congress increased the number of persons authorized to serve on 
the Parole Commission to five, in conjunction with giving the 
Commission new responsibilities regarding District of Columbia felony 
offenders. In original jurisdiction cases the Commission's intent is 
that all decisions, whether made after a hearing or after reviewing a 
petition for reconsideration, are made by a majority vote of the 
Commission. The voting requirements in the present rules for original 
jurisdiction cases are based on a three-member Commission. Therefore, 
the Commission is changing the original

[[Page 41528]]

jurisdiction voting requirements to provide that a decision is made on 
the basis of a majority vote of the Commissioners holding office at the 
time of the decision.
    There are also several procedural rules governing hearing 
procedures for District of Columbia offenders that have been rendered 
obsolete by a change in circumstances unrelated to the structure of the 
Commission. When the Parole Commission took over the task of conducting 
parole hearings for DC offenders in 1998, as provided by the 
Revitalization Act, these offenders were incarcerated in correctional 
facilities of the DC Department of Corrections and the Federal Bureau 
of Prisons. Because of security and staffing concerns regarding the 
implementation of parole hearing procedures in DC facilities, the 
Commission's rules allowed the opportunity for the appearance of a 
representative and pre-hearing file disclosure for offenders in Bureau 
custody, but limited or denied these opportunities for offenders in DC 
custody. Section 11201 of the Revitalization Act required that all DC 
felony offenders had to be transferred to the custody of the Bureau of 
Prisons, and this transfer was accomplished by the end of 2001. This 
transfer has removed the need for different procedures for DC prisoners 
depending on the identity of the incarcerating authority. Therefore, 
the Commission is amending the rule at Sec.  2.72 on hearing procedures 
for DC offenders to remove the difference in procedures regarding the 
opportunity for representation and pre-hearing file disclosure.
    The Commission is amending the rule at 28 CFR 2.14 to provide that, 
for a prisoner who has had his initial hearing prior to the parole 
eligibility date and who must continue to serve the minimum term of his 
sentence before reaching parole eligibility, such a prisoner has the 
opportunity for an interim hearing nine months prior to the parole 
eligibility date. This amendment simplifies the Commission's present 
rule and ensures that such a prisoner is afforded the chance for an 
advancement of a presumptive release date to a parole effective date 
that coincides with the parole eligibility date, if the prisoner shows 
superior program achievement or other clearly exceptional circumstances 
that warrant a change in the previous decision.
    The Commission is revising the rule at 28 CFR 2.49 to insert 
instructions on determining the type of revocation hearing that must be 
held when a Federal parolee has an unadjudicated violation charge that 
may be determinative of revocation and/or reparole, and the parolee 
wants an adverse witness present at the hearing for confrontation and 
cross-examination on the contested charge. These instructions are 
presently found in the rules regarding revocation proceedings for DC 
parolees and supervised releasees, and the addition of the instructions 
in Sec.  2.49 (with other editorial changes in Sec.  2.49 and Sec.  
2.102) ensures that there is consistency in the application of agency 
policy on the place of a revocation hearing for all offenders under the 
Commission's jurisdiction.
    The Commission is also making a number of corrections to the rules. 
In reviewing the rules on agency action following a hearing, the 
Commission discovered that a provision in Sec.  2.13(c) on issuing the 
notice of the Commission's decision within 21 days of the hearing had 
been erroneously eliminated as a result of an amendment to Sec.  2.13 
promulgated in 1994. The Commission is correcting this error by 
restoring the notice provision, with an amendment conforming to the 
elimination of the requirement regarding notice of a referral to the 
National Commissioners. The Commission is also restoring part of an 
instruction regarding the scoring of Item A of the salient factor 
score, a component of the paroling policy guidelines (28 CFR 2.20). 
This part of the instruction on counting a prior instance of criminal 
conduct when the offender's case was diverted from a final criminal 
conviction was erroneously omitted when the Commission revised the 
salient factor scoring manual in November, 2002. Other obvious errors 
in the paroling policy guidelines that have been corrected are the 
omission of a reference to conduct causing ``serious bodily injury'' in 
the rating of property destruction offenses, the insertion of an 
instruction for rating a kidnaping offense in the instructions for 
rating an assault offense, and the repetition of an instruction in a 
general note on holding an offender accountable for the criminal acts 
of his co-conspirators.
    Finally, the Commission is making editorial changes to a number of 
rules in order to use up-to-date terms (e.g., substituting ``Executive 
Hearing Examiner'' for ``administrative hearing examiner'' or 
``community corrections center'' for ``community treatment center''). 
As a result of a recodification of the District of Columbia Code, 
almost all the citations to the DC Code in the present rules are to 
statutes that have been renumbered. The new rules provide citations to 
the revised statutes. The Commission is also amending the rule for 
offenders sentenced under the DC Youth Rehabilitation Act to clarify 
the group of youth offenders who are eligible for parole given the 
delayed enactment of the DC Sentencing Reform Emergency Amendment Act 
of 2000.

Implementation

    These final rules will be applied to all cases as of the effective 
date of the rules.

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that this final rule does 
not constitute a significant rule within the meaning of Executive Order 
12866. The final rule will not have a significant economic impact upon 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), and is deemed by the 
Commission to be a rule of agency practice that does not substantially 
affect the rights or obligations of non-agency parties pursuant to 
section 804(3)(c) of the Congressional Review Act.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
parole.

The Final Rule

0
Accordingly, the U.S. Parole Commission is adopting the following 
amendment to 28 CFR part 2.

PART 2--[AMENDED]

0
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).


0
2. Amend Sec.  2.9 by removing ``U.S. Federal Prison System'' and 
adding ``Bureau of Prisons''.

0
3. Amend Sec.  2.13 by revising paragraph (c) to read as follows:


Sec.  2.13  Initial hearing; procedure.

* * * * *
    (c) At the conclusion of the hearing, the examiner shall discuss 
the decision to be recommended by the examiner and the reasons 
therefor, except in the extraordinary circumstance of a complex issue 
that requires further deliberation before a recommendation can be made. 
Written notice of the decision shall be mailed or transmitted to the 
prisoner within 21 days of the date of the hearing, except in 
emergencies. Whenever the Commission initially establishes a release 
date (or modifies the release date thereafter), the prisoner shall also 
receive in writing the reasons therefor.
* * * * *

[[Page 41529]]


0
4. Amend Sec.  2.14 as follows:
0
a. Revise paragraphs (a)(1), introductory text, and (a)(1)(ii) and 
(iii) to read as follows:


Sec.  2.14  Subsequent proceedings.

    (a) Interim proceedings. * * *
    (1) Notwithstanding a previously ordered presumptive release date 
or fifteen year reconsideration hearing, interim hearings shall be 
conducted pursuant to the procedures of Sec.  2.13(b), (c), (e), and 
(f) at the following intervals from the date of the last hearing:
* * * * *
    (ii) In the case of a prisoner with a maximum term or terms of 
seven years or more, every twenty-four months (until released);
    (iii) In the case of a prisoner with an unsatisfied minimum term, 
the first interim hearing shall be scheduled under paragraphs (a)(1)(i) 
or (ii) of this section, or on the docket of hearings that is nine 
months prior to the month of parole eligibility, whichever is later.
* * * * *
0
b. In paragraph (a)(2)(iii) by removing ``Federal Prison System'' 
wherever that term appears and adding ``Bureau of Prisons''
0
c. In paragraphs (a)(2)(iii) and (a)(4)(ii) by removing ``an 
Institutional Disciplinary Committee'' wherever that term appears and 
adding ``the Discipline Hearing Officer''; and
0
d. In paragraph (b)(4)(ii) by removing ``administrative hearing 
examiner'' wherever that term appears and adding ``Executive Hearing 
Examiner''.

0
5. Amend Sec.  2.17 by revising paragraph (a) to read as follows:


Sec.  2.17  Original jurisdiction cases.

    (a) Following any hearing conducted pursuant to these rules, the 
Regional Commissioner may designate that a case should be decided as an 
original jurisdiction case. If the Regional Commissioner makes such a 
designation, the Regional Commissioner shall vote on the case and then 
refer the case to the other Commissioners for their votes. The decision 
in an original jurisdiction case shall be made on the basis of a 
majority vote of Commissioners holding office at the time of the 
decision.
* * * * *

0
6. Amend Sec.  2.20 as follows:
0
a. Amend the Offense Behavior Severity Index, Chapter Two Offenses 
Involving the Person, Subchapter B--Assault Offenses, 212 Assault, by 
removing paragraph (e).
0
b. Amend the Offense Behavior Severity Index, Chapter Three Offenses 
Involving Property, Subchapter A--Arson and Other Property Destruction 
Offenses, 303 Property Destruction Other Than Listed Above, by revising 
paragraph (a).
0
c. Amend the Offense Behavior Severity Index, Chapter Thirteen General 
Notes and Definitions, Subchapter A--General Notes, by revising Note 4.
0
d. Amend the Salient Factor Scoring Manual, Item A, by revising 
paragraph A.5.
0
e. Amend the Salient Factor Scoring Manual, Item D, paragraph D.3(c) by 
removing ``CTC'' wherever that term appears and adding ``CCC''.
    The revised and added text reads as follows:


Sec.  2.20  Paroling policy guidelines: Statement of general policy.

* * * * *


U.S. Parole Commission Offense Behavior Severity Index

* * * * *

CHAPTER THREE--OFFENSES INVOLVING PROPERTY

SUBCHAPTER A--ARSON AND OTHER PROPERTY DESTRUCTION OFFENSES

* * * * *

303 Property Destruction Other Than Listed Above

    (a) If the conduct results in bodily injury *, or serious bodily 
injury *, or if serious bodily injury is the result intended *, grade 
as if ``assault during commission of another offense;''
* * * * *

CHAPTER THIRTEEN--GENERAL NOTES AND DEFINITIONS

SUBCHAPTER A--GENERAL NOTES

* * * * *
    4. The prisoner is to be held accountable for his own actions and 
actions done in concert with others; however, the prisoner is not to be 
held accountable for activities committed by associates over which the 
prisoner has no control and could not have been reasonably expected to 
foresee. However, if the prisoner has been convicted of a conspiracy, 
he must be held accountable for the criminal activities committed by 
his co-conspirators, provided such activities were committed in 
furtherance of the conspiracy and subsequent to the date the prisoner 
joined the conspiracy, except in the case of an independent, small-
scale operator whose role in the conspiracy was neither established nor 
significant. An offender has an ``established'' role in a conspiracy 
if, for example, he takes orders to perform a function that assists 
others to further the objectives of the conspiracy, even if his 
activities did not significantly contribute to those objectives. For 
such offenders, however, a ``peripheral role'' reduction may be 
considered.
* * * * *

Salient Factor Scoring Manual

* * * * *
Item A. * * *
    A.5 Diversion. Conduct resulting in diversion from the judicial 
process without a finding of guilt (e.g., deferred prosecution, 
probation without plea, or a District of Columbia juvenile consent 
decree) is not to be counted in scoring this item. However, an instance 
of criminal behavior resulting in a judicial determination of guilt or 
an admission of guilt before a judicial body shall be counted as a 
conviction even if a conviction is not formally entered.
* * * * *


Sec.  2.21  [Amended]

0
7. Amend Sec.  2.21, paragraph (c), by removing ``Sec. Sec.  2.47(d)'' 
and adding ``Sec. Sec.  2.47(e)''.

0
8. Revise Sec.  2.24 to read as follows:


Sec.  2.24.  Review of panel recommendation by the Regional 
Commissioner.

    (a) Upon review of the examiner panel recommendation, the Regional 
Commissioner may make the decision by concurring with the panel 
recommendation. If the Regional Commissioner does not concur, the 
Regional Commissioner shall refer the case to another Commissioner and 
the decision shall be made on the concurring votes of two 
Commissioners.
    (b) Upon review of the panel recommendation, the Regional 
Commissioner may also:
    (1) Designate the case for the original jurisdiction of the 
Commission pursuant to Sec.  2.17, vote on the case, and then refer the 
case to another Commissioner for further review; or
    (2) Remand the case for a rehearing, with the notice of action 
specifying the purpose of the rehearing.

0
9. Amend Sec.  2.28 by revising paragraph (a) to read as follows:


Sec.  2.28  Reopening of cases.

    (a) Favorable information. Upon the receipt of new information of 
substantial significance favorable to the prisoner, the Regional 
Commissioner may reopen a case (including an original jurisdiction 
case), and order a special reconsideration hearing on the next 
available docket, or modify the previous decision. The advancement of a

[[Page 41530]]

presumptive release date requires the concurrence of two Commissioners.
* * * * *

0
10. Amend Sec.  2.27 by revising paragraph (a) to read as follows:


Sec.  2.27  Petition for reconsideration of original jurisdiction 
decisions.

    (a) A petition for reconsideration may be filed with the Commission 
in a case decided under the procedure specified in Sec.  2.17 within 
thirty days of the date of such decision. A form is provided for this 
purpose. A petition for reconsideration will be reviewed at the next 
regularly scheduled meeting of the Commission provided the petition is 
received thirty days in advance of such meeting. A petition received by 
the Commission less than thirty days in advance of a regularly 
scheduled meeting will be reviewed at the next regularly scheduled 
meeting. The previous decision made under Sec.  2.17 may be modified or 
reversed only by a majority vote of the Commissioners holding office at 
the time of the review of the petition. If a majority vote is not 
obtained, the previous decision shall stand. A decision under this rule 
shall be final.
* * * * *


Sec.  2.29  [Amended]

0
11. Amend Sec.  2.29, paragraph (b) by removing ``Community Treatment 
Center'' and adding ``community corrections center''.


Sec.  2.33  [Amended]

0
12. Amend Sec.  2.33, paragraph (c) by removing ``adviser'' and adding 
``advisor''.


Sec.  2.34  [Amended]

0
13. Amend Sec.  2.34 as follows:
0
a. Remove ``disciplinary hearing officer'' wherever that term appears 
in paragraphs (a) and (c) and add ``Discipline Hearing Officer''.
0
b. In paragraph (a), remove ``Community Treatment Center'' and add 
``community corrections center''.
0
c. In paragraph (e), remove ``examiner panel'' and add ``hearing 
examiner'', and remove ``presiding''.


Sec.  2.36  [Amended]

0
14. Amend Sec.  2.36 by removing ``Community Treatment Center'' or 
``community treatment center'' wherever the latter terms appear, and 
adding ``community corrections center''.


Sec.  2.43  [Amended]

0
15. Amend Sec.  2.43, paragraph (d), by removing ``in the region of 
supervision''.

0
16. Amend Sec.  2.49 by redesignating paragraphs (d) and (e) as 
paragraphs (e) and (f), revising paragraphs (b)-(c) and adding 
paragraph (d) to read as follows:


Sec.  2.49  Place of revocation hearing.

* * * * *
    (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 alleged violations, the hearing may be 
conducted near the place of the violation chiefly relied upon as a 
basis for the issuance of the warrant or summons as determined by the 
Regional Commissioner.
    (d)(1) A parolee shall be given an institutional revocation hearing 
upon the parolee's return or recommitment to an institution if the 
parolee:
    (i) Voluntarily waives the right to a local revocation hearing; or
    (ii) Admits (or has been convicted of) one or more charged 
violations without contesting any unadjudicated charge that may be 
determinative of the Commission's decision regarding revocation and/or 
reparole.
    (2) On his own motion, the Regional Commissioner may designate any 
case described in paragraph (d)(1) of this section for a local 
revocation hearing. The difference in procedures between a ``local 
revocation hearing'' and an ``institutional revocation hearing'' is set 
forth in Sec.  2.50(c).
* * * * *


Sec.  2.52  [Amended]

0
17. Amend Sec.  2.52, paragraph (a)(1)(iii) by removing ``residential 
community treatment center'' and adding ``community corrections 
center''.


Sec.  2.64  [Amended]

0
18. Amend Sec.  2.64 as follows:
0
a. In paragraph (b)(3), remove ``by the Commission's regional 
administrator''.
0
b. In paragraph (c)(2), remove ``community treatment center'' and add 
``community corrections center''.
0
c. In paragraph (c)(6), remove ``Sec.  2.20'' and add ``Sec.  2.28''.


Sec.  2.65  [Amended]

0
19. Amend Sec.  2.65, paragraph (i), by removing ``D.C. Code 24-
206(a)'' and adding ``D.C. Code 24-406(a)''.


Sec.  2.70  [Amended]

0
20. Amend Sec.  2.70 as follows:
0
a. In paragraph (a), remove ``D.C. Code 24-209'' and add ``D.C. Code 
24-409''.
0
b. In paragraph (b), remove ``D.C. Code 24-208'' and ``D.C. Code 24-
804(a)'' and add ``D.C. Code 24-404 and 408'' and ``D.C. Code 24-
904(a)'', respectively.
0
c. In paragraph (c), remove ``D.C. Code 24-201(c)'' and add ``D.C. Code 
24-401c''.
0
d. In paragraph (d), remove ``D.C. Code 24-263 through 267'' and add 
``D.C. Code 24-461 through 467''.
0
e. In paragraph (e), remove ``D.C. Code 24-206'' and add ``D.C. Code 
24-406''.

0
21. Amend Sec.  2.72 by revising paragraph (b), removing paragraphs (c) 
and (d), and redesignating paragraphs (e), (f), (g), and (h), as 
paragraphs (c), (d), (e), and (f).
    The revised text is as follows:


Sec.  2.72  Hearing procedure.

* * * * *
    (b) A prisoner may have a representative at the hearing pursuant to 
Sec.  2.13(b) and the opportunity for prehearing disclosure of file 
material pursuant to Sec.  2.55.
* * * * *


Sec.  2.73  [Amended]

0
22. Amend Sec.  2.73, paragraph (a), by removing ``D.C. Code 24-
204(a)'' and adding ``D.C. Code 24-404(a)''.


Sec.  2.76  [Amended]

0
23. Amend Sec.  2.76 by removing ``D.C. Code 24-201c'' wherever that 
term appears and adding ``D.C. Code 24-401c''.


Sec.  2.77  [Amended]

0
24. Amend Sec.  2.77 as follows:
0
a. In paragraph (g)(1), remove ``D.C. Code 22-2903, 22-3202 or 22-
3204(b)'' and ``D.C. Code 24-267'' and add ``D.C. Code 22-4502, 22-
4504(b), or 22-2803'' and ``D.C. Code 24-467'', respectively.
0
b. In paragraph (g)(2), remove ``D.C. Code 24-262'' and add ``D.C. Code 
24-462''.


Sec.  2.78  [Amended]

0
25. Amend Sec.  2.78 as follows:
0
a. In paragraph (e), remove ``D.C. Code 24-265(c)(1)-(7)'' and add 
``D.C. Code 24-465(c)(1)-(7)''.
0
b. In paragraph (g)(1), remove ``D.C. Code 22-2903, 22-3202 or 22-
3204(b)'' and ``D.C. Code 24-267'' and add ``D.C. Code 22-4502, 22-
4504(b), or 22-2803'' and ``D.C. Code 24-467'', respectively.
0
c. In paragraph (g)(2) remove ``D.C. Code 24-262'' and add ``D.C. Code 
24-462''.

[[Page 41531]]


0
26. Amend Sec.  2.79 by removing ``D.C. Code 24-204'' and adding ``D.C. 
Code 24-404''.


Sec.  2.91  [Amended]

0
27. Amend Sec.  2.91, paragraph (a), by removing ``D.C. Code 24-1233(c) 
and 4203(b)(4)'' and adding ``D.C. Code 24-133(c)''.


Sec.  2.92  [Amended]

0
28. Amend Sec.  2.92, paragraph (a), by removing ``D.C. Code 24-
431(a)'' and adding ``D.C. Code 24-221.03(a) and 24-405''.


Sec.  2.98  [Amended]

0
29. Amend Sec.  2.98, paragraph (e), by removing ``D.C. Code 24-
206(a)'' and adding ``D.C. Code 24-406(a)''.


Sec.  2.100  [Amended]

0
30. Amend Sec.  2.100, paragraph (d)(2), by removing ``D.C. Code 24-
206(a)'' and adding ``D.C. Code 24-406(a)''.

0
31. Amend Sec.  2.102 by revising paragraph (d) to read as follows:


Sec.  2.102  Place of revocation hearing.

* * * * *
    (d)(1) A parolee shall be given an institutional revocation hearing 
upon the parolee's return or recommitment to an institution if the 
parolee:
    (i) Voluntarily waives the right to a local revocation hearing; or
    (ii) Admits (or has been convicted of) one or more charged 
violations without contesting any unadjudicated charge that may be 
determinative of the Commission's decision regarding revocation and/or 
reparole.
    (2) An institutional revocation hearing may also be conducted in 
the District of Columbia jail or prison facility in which the parolee 
is being held. On his own motion, a Commissioner may designate any case 
described in paragraph (d)(1) of this section for a local revocation 
hearing. The difference in procedures between a ``local revocation 
hearing'' and an ``institutional revocation hearing'' is set forth in 
Sec.  2.103(b).
* * * * *


Sec.  2.105  [Amended]

0
32. Amend Sec.  2.105 by removing ``D.C. Code 24-206(a)'' wherever it 
appears in paragraphs (b), (d), and (e) and adding ``D.C. Code 24-
406(a)''.

0
33. Amend Sec.  2.106 by revising paragraph (a) as set forth below, 
and, in paragraph (c), by removing ``D.C. Code 24-805'' and adding 
``D.C. Code 24-905''.
    The revised text reads as follows:


Sec.  2.106  Youth Rehabilitation Act.

    (a) Regulations governing YRA offenders and D.C. Code FYCA 
offenders. Unless the judgment and commitment order provides otherwise, 
the provisions of this section shall apply to an offender sentenced 
under the Youth Rehabilitation Act of 1985 (D.C. Code 24-901 et seq.) 
(YRA) who committed his offense before 5 p.m., August 11, 2000, and a 
D.C. Code offender sentenced under the former Federal Youth Corrections 
Act (former 18 U.S.C. 5005 et seq.) (FYCA). An offender sentenced under 
the YRA who committed his offense (or who continued to commit his 
offense) on or after 5 p.m., August 11, 2000, is not eligible for 
release on parole, but may be terminated from a term of supervised 
release before the expiration of the term and receive a certificate 
setting aside the conviction under Sec.  2.208(f). See D.C. Code 24-
904(c) and 24-906(c).
* * * * *


Sec.  2.107  [Amended]

0
34. Amend Sec.  2.107, paragraph (a), by removing ``D.C. Code 24-
1233(b)(2)(G)'' and ``D.C. Code 24-251'' and adding ``D.C. Code 24-
133(b)(2)(G)'' and ``D.C. Code 24-451'', respectively.

    Dated: June 27, 2003.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 03-17175 Filed 7-11-03; 8:45 am]
BILLING CODE 4410-31-P