[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Rules and Regulations]
[Pages 41696-41714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17176]


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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: Interim rule with request for comments.

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SUMMARY: The U.S. Parole Commission is amending interim rules on the 
supervision of District of Columbia offenders who are serving terms of 
supervised release imposed by the Superior Court of the District of 
Columbia. This publication sets out all of the Commission's rules on 
D.C. supervised release cases, first promulgated as interim rules in 
November, 2000, and includes rules promulgated in January, 2003 on 
revocation procedures for supervised releasees, and new provisions 
regarding the conditions of supervision and the appeal of supervised 
release revocation decisions.
    With the promulgation of these amended interim rules for D.C. 
supervised releasees, the Commission is also making revisions to 
several rules for federal offenders and D.C. parolees in order to 
maintain consistent procedures and reduce duplicative rules. The rule 
describing the administrative appeal procedure for federal offenders is 
revised to include certain requirements regarding the formatting of the 
appeal. The Commission is also revising the rules describing the 
conditions of supervision for federal and D.C. parolees in an effort to 
reduce duplicative rules and make the conditions easier to read and 
understand. These amendments are also promulgated as interim rules.
    The interim rules also contain a number of 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 14, 2003. Comments must be received by 
November 12, 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: In the National Capital Revitalization and 
Self-Government Improvement Act of 1997, Pub.L. 105-33, Congress 
assigned to the U.S. Parole Commission the task of carrying out 
supervised release terms imposed for D.C. felony offenders by the 
Superior Court of the District of Columbia. D.C. Code 24-133(c)(2). The 
Commission was given the same authority over D.C. supervised releasees 
as is exercised by U.S. District Courts over federal supervised 
releasees under 18 U.S.C. 3583, except that any extension of a term of 
supervised release imposed by the Superior Court must be ordered by the 
Superior Court, not the Commission. Further, the Revitalization Act 
specifies that the procedures to be followed by the Commission in 
exercising its authority over D.C. supervised releasees are the 
procedures applicable to federal parolees under the Parole Commission 
and Reorganization Act of 1976, as set forth in Chapter 311 of Title 
18, United States Code.
    In November, 2000, the Commission published interim rules governing 
its

[[Page 41697]]

functions for D.C. supervised releasees and requested comments on the 
rules. 65 FR 70466-78 (Nov. 24, 2000). Given the expected similarity 
between the parolee population and those D.C. offenders to be placed on 
supervised release, for the most part the interim rules simply carried 
over rules developed for parolees based on the Commission's long 
experience with this offender population. Of course, the Commission was 
required to promulgate rules that implemented any laws that were unique 
to supervised releasees, in particular the restrictions on the 
sanctions that may be imposed on offenders whose supervised release 
terms were revoked. See 28 CFR 2.218-2.219.
    The Commission did make several policy choices in its interim rules 
for supervised release revocation decisions and is continuing these 
policies in the amended interim rules. The Commission will continue to 
use the reparole guidelines at Sec.  2.21 as the appropriate standard 
for determining the length of a prison term for a supervised release 
violator when the Commission has revoked supervised release. The 
Commission has employed these guidelines to make reparole decisions for 
D.C. parole violators because the regulations of the former D.C. Board 
of Parole provided no policy guidance on reparole decisions. 63 FR 
39175 (July 21, 1998). The guidelines at Sec.  2.21 represent the 
Commission's policy judgments as to the appropriate balancing of 
factors such as accountability for the violation behavior, 
incapacitation, and deterrence in determining prison term sanctions for 
criminal violations and other misconduct on supervision.
    In comparing the guideline ranges of Sec.  2.21 against the maximum 
prison terms allowed as a part of a supervised release revocation 
decision under D.C. Code 24-403.01(b)(7) (incorporated in Sec.  2.219 
of the rules), it is apparent that the minimum of the Sec.  2.21 range 
will frequently exceed the maximum permissible term of imprisonment for 
a violator who commits a serious crime while under supervision. The 
amended interim rule addresses this issue by providing that, when the 
maximum authorized term of imprisonment under Sec.  2.219 is less than 
the minimum of the Sec.  2.21 guideline range, the ``guideline range'' 
is the maximum authorized term of imprisonment, not the range found in 
Sec.  2.21. This instruction is analogous to the directions found in 
the U.S. Sentencing Guidelines, Sec.  5G.1.1(a) and Sec.  7B1.4(b)(1). 
For the large number of release violators who commit administrative 
violations or less serious crimes, the Sec.  2.21 guidelines will 
ensure decision-making consistency in prison term determinations. The 
Commission's statistics regarding decision-making under the Sec.  2.21 
guidelines for D.C. parole violators since August, 2000 to the present 
show that 80% of the cases received offense severity ratings of 
Category Three or less, with 60% receiving a rating of Category One. In 
63% of the cases, the violator received a prison term of 24 months or 
less for the violation. Since the Commission anticipates that D.C. 
supervised releasees, as a group, will be substantially similar to D.C. 
offenders on parole, there is no reason to believe that these 
statistics will be markedly different for D.C. supervised releasees.
    The Commission is also maintaining the general policy to impose, 
whenever possible, the maximum permissible term of supervised release 
for an offender as a consequence of the revocation of an earlier 
supervised release term. 28 CFR 2.218(e). This policy is based on the 
Commission's judgment that, for most cases, a supervised release 
violator has, by virtue of committing violations serious enough to 
justify revocation, thereby evidenced the need for further supervision 
to the limits provided by law.
    The amended interim rules also clarify the Commission's 
interpretation of a law governing the running of a supervised release 
term, how the Commission will handle actions regarding multiple terms 
of supervised release, and the sequence of revocation proceedings for 
an offender serving concurrent terms of parole and supervised release. 
The statutory interpretation concerns D.C. Code 24-403.01(b)(5), which 
provides that a term of supervised release does not run during any 
period of 30 days or more in which the offender is imprisoned in 
connection with a conviction for a federal, state, or local crime. The 
rule at Sec.  2.201 interprets this law to preclude the running of a 
supervised release term while the offender is serving a term of 
imprisonment resulting from a probation, parole, or supervised release 
revocation on another sentence. The offender's imprisonment as a 
release violator is clearly ``in connection with a conviction'' because 
the conviction on which the offender was granted probation, parole, or 
supervised release is the ultimate source of authority for revoking the 
release and imprisoning the offender. The rule at Sec.  2.201 also 
incorporates the provision at D.C. Code 24-403.01(b)(5) that a term of 
supervised release runs concurrently with other terms of supervision in 
the community, including a supervised release term imposed for another 
offense.
    With regard to the Commission's policies concerning an offender 
serving multiple terms of supervised release, the amended interim rule 
retains the provision that the longest term imposed determines the 
duration of the Commission's jurisdiction over such an offender, and 
the policy that the multiple terms will be considered as aggregated. A 
decision to terminate the offender from supervision or to revoke 
supervised release shall have the effect of terminating or revoking all 
terms of supervised release being served by the offender at the time of 
the Commission's order. In imposing the sanctions that result from 
revocation, the Commission shall treat the offender as if the 
Commission had revoked a single term of supervised release. The reason 
for using this aggregation approach for imposing revocation sanctions 
is largely one of administrative efficiency. Making separate 
calculations of terms of imprisonment and subsequent supervised release 
for the revocation of multiple supervised release terms, and then 
reducing these multiple calculations to an understandable revocation 
decision would be an extremely difficult task. The amended interim rule 
also clarifies that in calculating the original maximum authorized term 
of supervised release and the maximum authorized term of imprisonment 
at the first revocation, the Commission shall use as its guide the 
sentence for the offense that is punishable by the longest prison term 
authorized by the D.C. Code. The Commission believes this 
interpretation of the statutory scheme best accords with legislative 
intent because the sanctions authorized by statutory law for supervised 
release revocation are dictated by the maximum statutory penalty for 
the crime that led to the original sentence. See D.C. Code 24-
403.01(b)(7). Finally, with regard to the offender who is subject to 
revocation of parole and supervised release terms, the rule at Sec.  
2.211(g) clarifies that the Commission has the discretion to revoke 
both parole and supervised release at a combined hearing or at separate 
hearings, and may postpone the sanction for revocation of one term 
until the offender satisfies the prison term imposed as a revocation 
sanction regarding the other term. If the Commission chooses to conduct 
separate hearings, the first revocation hearing will resolve any 
contested violations so that the subsequent hearing may be conducted on 
the same

[[Page 41698]]

violation behavior as an institutional hearing without the need to 
require the attendance of adverse or necessary witnesses.
    Since the publication of the interim rules in November, 2000, the 
Commission promulgated rule changes to the Commission's procedures for 
revoking paroles granted to D.C. offenders in order to implement a 
consent decree resolving class action litigation in the U.S. District 
Court for the District of Columbia. See 68 FR 3389-92 (Jan. 24, 2003). 
Though supervised releasees were not members of the plaintiff class in 
the litigation, the Commission extended the revised procedures to 
supervised releasees because the new rules represented the most 
efficient revocation system and the best means of protecting the public 
safety. Id. at 3389. These revocation procedures are included in the 
amended interim rules.
    Recently the Commission published as proposed rules with request 
for comment revisions of three regulations describing the conditions of 
supervision for federal parolees, D.C. parolees, and D.C. supervised 
releasees. 68 FR 16743-46 (Apr. 7, 2003). These proposed rules 
consolidated similar provisions for the three groups of offenders, 
using the rule governing conditions of supervised release as the rule 
for the full statement of applicable conditions, and then placing 
cross-references to this rule in the provisions for federal parolees 
and D.C. parolees. Id. at 16744. The Commission is now adopting these 
rules on the release conditions as interim rules with changes that are 
mostly editorial in nature.
    One amendment to the proposed rules adds a general condition that, 
upon receiving a direction from the supervision officer, the releasee 
must notify a person, normally an employer, of a risk of harm that may 
be evidenced by the releasee's criminal record or personal history, and 
permit the officer to confirm that the releasee gave the required 
notice. This condition also authorizes the supervision officer to 
provide notice of possible risk to the third party if the notification 
is authorized by the Commission's rules. The Commission already 
authorizes disclosure of risk of harm to persons in the rule at Sec.  
2.37(a) and companion rules for D.C. parolees and supervised releasees. 
The standard conditions of supervised release recommended for federal 
offenders includes a similar condition. U.S. Sentencing Guidelines, 
Sec.  5D1.3(c)(13). When the supervision officer determines that a 
disclosure of risk of harm is appropriate, this additional condition is 
another step toward ensuring that the releasee is adequately supervised 
in the community, and that the recipient of the notice is sufficiently 
informed of the releasee's background so as not to place the releasee 
in a position that may increase the risk of future criminal behavior by 
the releasee, or to take suitable precautions in dealing with the 
releasee. Another amendment to the proposed rules restores a current 
reporting instruction for an offender who is delayed by an emergency in 
making his initial visit to the supervision office. The instruction 
from the current rule--that the offender report to the nearest U.S. 
Probation Office if he cannot timely report to his designated 
supervision office--is retained to be consistent with written 
directions that are given to the offender by the Bureau of Prisons upon 
the offender's discharge from the institution. Finally, another 
amendment implements statutory provisions on mandatory revocation of a 
supervised release term if the Commission finds that the releasee has 
committed certain violations (e.g., possession of a firearm or repeated 
positive test results for drug use). See 18 U.S.C. 3583(g).
    The amended interim rules also add an appeal procedure for 
supervised release revocation decisions at Sec.  2.220. Up to now, the 
Commission has not included an appeal procedure for any of the 
decisions it makes for D.C. offenders. In past publications of 
procedural rules for D.C. offenders, the Commission has acknowledged 
concerns that D.C. offenders have not been given the opportunity to 
file administrative appeals regarding parole release and parole 
revocation decisions. See 65 FR 45886 (July 26, 2000). The Commission 
has explained that it does not have the staff resources to review 
appeals submitted by D.C. offenders, and that the additional review 
that is afforded by the appeal procedure is effectively obtained by 
having two Commissioners vote at the initial stage of decision-making.
    However, the Commission has decided that there are several reasons 
to establish an administrative appeal procedure limited to supervised 
release revocation decisions. First, though the Commission has 
considerable experience in executing the similar function of parole 
revocation, the statutes governing supervised release revocation 
decisions impose complex and unfamiliar limits when the Commission 
revokes supervised release and then must determine the length of a term 
of imprisonment and a subsequent term of supervised release. An appeal 
procedure for supervised release revocations is an additional 
administrative safeguard in the agency's effort to ensure error-free 
decision-making in carrying out this new function. Second, the number 
of supervised release revocations is still small and providing an 
administrative appeal procedure will not impose, at least at this time, 
a significant burden on the Commissioners and staff reviewing the 
appeals.
    By a cross-reference, the new rule at Sec.  2.220 carries over from 
the regulation at Sec.  2.26, the deadlines for filing and deciding the 
appeal, the limit on exhibits that may be appended to the appeal, the 
grounds for appeal, and the voting requirements. The Commission is 
including in Sec.  2.26 a new procedural requirement on the formatting 
of the appeal, and incorporates this requirement in Sec.  2.220 by the 
cross-reference to Sec.  2.26. The new procedural requirement is that 
the appellant briefly summarize at the beginning of his appeal all of 
the grounds for appeal, and then provide a concise statement of facts 
and reasons in support of each ground identified. The appellant may 
provide any additional information in an addendum to the appeal. 
Appeals that do not conform to this procedural requirement may be 
returned in the agency's discretion. The purpose of this requirement is 
to enhance the Commission's ability to readily identify meritorious 
claims, and focus its effort in the most productive manner, for the 
benefit of the agency and the appellant. The Commission is preparing a 
revised appeal form that incorporates the new format requirements and 
will distribute the revised form to federal correctional facilities and 
those organizations that have frequently filed administrative appeals 
with the Commission in the past.
    The Commission would emphasize that the degree of review given to 
each appeal lies within the agency's discretion and depends on its 
evaluation of the strength of the appellant's claims as stated in the 
appeal. Because the purpose of the appeal is to correct error rather 
than decide each case de novo, some appeals will result in a summary 
denial, while others will deserve an in-depth review on the merits.
    Because the Commission is providing this appeal procedure, the 
Commission is amending the voting requirements stated at Sec.  2.218(g) 
for making the initial decisions on supervised release revocation. The 
amendment allows these decisions to be made on the vote of one 
Commissioner, except that two Commissioner votes are needed for any 
decision disagreeing with the panel

[[Page 41699]]

recommendation. Because appeals are almost always decided by a 
Commissioner other than the Commissioner who initially made the 
decision under review, if an offender chooses to exercise the option of 
filing an appeal, the appeal procedure will permit the offender to 
obtain review of the revocation decision by a second Commissioner. The 
opportunity for review of the case by a second Commissioner is an 
adequate substitute for the present voting requirement that two 
Commissioners concur for supervised release revocation decisions.
    This appeal procedure for supervised release revocation decisions 
is in the nature of a pilot project, as when the Commission inaugurated 
its paroling policy guidelines for federal offenders. See Battle v. 
Norton, 365 F.Supp. 925 (D.Conn. 1973). In this era of budget 
constraints, the Commission will have to periodically reevaluate its 
ability to maintain this additional procedure, including the 
availability of sufficient staff and Commissioners to handle the 
appeals and the trends in federal and D.C. caseloads. If the balance of 
competing factors weighs against the continuation of the appeal 
procedure, the Commission will have to consider options that may range 
from enforcing explicit limitations on the grounds for appeals to 
termination of the appeal procedure.

Summary of Public Comment

    In response to the Commission's November, 2000 publication of the 
interim rules for supervised release cases, the Commission received no 
public comment. Though the Commission could proceed to promulgate final 
rules on the exercise of its duties for D.C. supervised releasees, the 
Commission has decided to publish amended interim rules at this time 
and extend the opportunity for the submission of public comment. Now 
that more D.C. offenders are serving terms of supervised release and 
the Commission is taking an increasing number of actions regarding 
these offenders, there may be more interest in providing comment on the 
Commission's policies.
    With regard to proposed rules published in April, 2003 on the 
consolidation and revision of release conditions, the Commission 
received one comment from a private company. This company, which 
specializes in the development and implementation of global positioning 
systems (GPS) for criminal justice applications, recommended that the 
Commission specify in its condition requiring home detention with 
electronic monitoring that the releasee be required to wear a GPS 
tracking or other electronic signaling device. The Commission has 
generally allowed the supervision agencies (the U.S. Probation Service 
and the D.C. Court Services and Offender Supervision Agency) to decide 
on the appropriate methods and technologies employed to monitor a 
releasee's compliance with release conditions, whether the monitoring 
is done through drug tests, mental health evaluations, or electronic 
tracking devices. The supervision agency, not the Commission, contracts 
for and pays for the use of the specific method or technology. 
Therefore, no change is made in the amended interim rule regarding the 
description of the special condition on home confinement/electronic 
monitoring.
    The Commission is including the rules on the release conditions in 
the publication of amended interim rules because the agency wants to 
publish a comprehensive statement of the supervised release rules, of 
which the rule on conditions of supervised release is a significant 
part, and promulgating this discrete rule and the companion provisions 
for federal and D.C. parolees as final rules would be confusing to the 
public, in the Commission's judgment. Therefore, the Commission is 
extending the opportunity for public comment regarding the 
consolidation and revision of rules on release conditions.

Implementation

    These interim rules will be applied to all cases as of the 
effective date of the rules. Appeals of supervised release revocation 
decisions will be permitted for any revocation decision made on or 
after the effective date of the rules. The procedural rules on the 
format of appeals are effective for any appeal dated on or after the 
effective date of the rules, but these rules will not be strictly 
enforced until a new appeal form is available to prisoners, releasees, 
and their representatives.

Regulatory Assessment Requirements

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

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
Parole.

The Interim 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.  2.26 by revising paragraph (a) to read as follows:

Sec.  2.26  Appeal to National Appeals Board.

    (a)(1) A prisoner or parolee may submit to the National Appeals 
Board a written appeal of any decision to grant (other than a decision 
to grant parole on the date of parole eligibility), rescind, deny, or 
revoke parole, except that any appeal of a Commission decision pursuant 
to Sec.  2.17 shall be submitted as a petition for reconsideration 
under Sec.  2.27.
    (2) The appeal must be filed on a form provided for that purpose 
within 30 days from the date of entry of the decision that is the 
subject of the appeal. The appeal must include an opening paragraph 
that briefly summarizes the grounds for the appeal. The appellant shall 
then list each ground separately and concisely explain the reasons 
supporting each ground. Appeals that do not conform to the above 
requirements may be returned at the Commission's discretion, in which 
case the appellant shall have 30 days from the date the appeal is 
returned to submit an appeal that complies with the above requirements. 
The appellant may provide any additional information for the Commission 
to consider in an addendum to the appeal. Exhibits may be attached to 
an appeal, but the appellant should not attach exhibits that are copies 
of documents already in the possession of the Commission. Any exhibits 
that are copies of documents already in the Commission's files will not 
be retained by the Commission.
* * * * *

0
3. Revise Sec.  2.40 to read as follows:


Sec.  2.40  Conditions of release.

    (a) General conditions of release. (1) The conditions set forth in 
Sec.  2.204(a)(3)-(6) apply for the reasons set forth in Sec.  
2.204(a)(1). These conditions are printed on the certificate of release 
issued to each releasee.
    (2)(i) The refusal of a prisoner who has been granted a parole date 
to sign

[[Page 41700]]

the certificate of release (or any other document necessary to fulfill 
a condition of release) constitutes withdrawal of that prisoner's 
application for parole as of the date of refusal. To be considered for 
parole again, that prisoner must reapply for parole consideration.
    (ii) A prisoner who is released to supervision through good-time 
deduction who refuses to sign the certificate of release is 
nevertheless bound by the conditions set forth in that certificate.
    (b) Special conditions of release. (1) The Commission may impose a 
condition other than one of the general conditions of release if the 
Commission determines that such condition is necessary to protect the 
public from further crimes by the releasee and to provide adequate 
supervision of the releasee. Examples of special conditions of release 
that the Commission frequently imposes are found at Sec.  2.204(b)(2).
    (2) If the Commission requires the releasee's participation in a 
drug-treatment program, the releasee must submit to a drug test before 
release and to at least two other drug tests, as determined by the 
supervision officer. A decision not to impose this special condition, 
because available information indicates a low risk of future substance 
abuse by the releasee, shall constitute good cause for suspension of 
the drug testing requirements of 18 U.S.C. 4209(a). A grant of parole 
or reparole is contingent upon the prisoner passing all pre-release 
drug tests administered by the Bureau of Prisons.
    (c) Changing conditions of release. The provisions of Sec.  
2.204(c) apply.
    (d) Appeal. A releasee may appeal under Sec.  2.26 an order to 
impose or modify a release condition not later than 30 days after the 
date the condition is imposed or modified.
    (e) Application of release conditions to absconder. The provisions 
of Sec.  2.204(d) apply.
    (f) Revocation for possession of a controlled substance. If the 
Commission finds after a revocation hearing that a releasee, released 
after December 31, 1988, has possessed a controlled substance, the 
Commission shall revoke parole or mandatory release. If such a releasee 
fails a drug test, the Commission shall consider appropriate 
alternatives to revocation. The Commission shall not revoke parole on 
the basis of a single, unconfirmed positive drug test, if the releasee 
challenges the test result and there is no other violation found by the 
Commission to justify revocation.
    (g) Supervision officer guidance. The provisions of Sec.  2.204(f) 
apply.
    (h) Definitions. For purposes of this section--
    (1) The terms supervision officer, domestic violence crime, 
approved offender-rehabilitation program and firearm, as used in Sec.  
2.204, have the meanings given those terms by Sec.  2.204(g);
    (2) The term releasee, as used in this section and in Sec.  2.204 
means a person convicted of a federal offense who has been released on 
parole or released through good-time deduction; and
    (3) The term certificate of release, as used in this section and 
Sec.  2.204, means the certificate of parole or mandatory release 
delivered to the prisoner under Sec.  2.29.
0
4. Revise Sec.  2.85 to read as follows:


Sec.  2.85  Conditions of release.

    (a) General conditions of release. (1) The conditions set forth in 
Sec.  2.204(a)(3)-(6) apply for the reasons set forth in Sec.  
2.204(a)(1). These conditions are printed on the certificate of release 
issued to each releasee.
    (2)(i) The refusal of a prisoner who has been granted a parole date 
to sign the certificate of release (or any other document necessary to 
fulfill a condition of release) constitutes withdrawal of that 
prisoner's application for parole as of the date of refusal. To be 
considered for parole again, the prisoner must reapply for parole 
consideration.
    (ii) A prisoner who is released to supervision through good-time 
deduction who refuses to sign the certificate of release is 
nevertheless bound by the conditions set forth in that certificate.
    (b) Special conditions of release. The Commission may impose a 
condition other than one of the general conditions of release if the 
Commission determines that such condition is necessary to protect the 
public from further crimes by the releasee and provide adequate 
supervision of the releasee. Examples of special conditions of release 
that the Commission frequently imposes are found at Sec.  2.204(b)(2).
    (c) Changing conditions of release. The provisions of Sec.  
2.204(c) apply.
    (d) Application of release conditions to absconder. The provisions 
of Sec.  2.204(d) apply.
    (e) Supervision officer guidance. The provisions of Sec.  2.204(f) 
apply.
    (f) Definitions. For purposes of this section--
    (1) The terms supervision officer, domestic violence crime, 
approved offender-rehabilitation program and firearm, as used in Sec.  
2.204, have the meanings given those terms by Sec.  2.204(g);
    (2) The term releasee, as used in this section and in Sec.  2.204, 
means a person convicted of an offense under the District of Columbia 
Code who has been released on parole or released through good-time 
deduction; and
    (3) The term certificate of release, as used in this section and in 
Sec.  2.204, means the certificate of parole or mandatory release 
delivered to the releasee under Sec.  2.86.

0
5. Revise Subpart D to read as follows:
Subpart D--District of Columbia Supervised Releasees
Sec.
2.200 Authority, jurisdiction, and functions of the U.S. Parole 
Commission with respect to offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia.
2.201 Period of supervised release.
2.202 Prerelease procedures.
2.203 Certificate of supervised release.
2.204 Conditions of supervised release.
2.205 Confidentiality of supervised release records.
2.206 Travel approval and transfers of supervision.
2.207 Supervision reports to Commission.
2.208 Termination of a term of supervised release.
2.209 Order of termination.
2.210 Extension of term.
2.211 Summons to appear or warrant for retaking releasee.
2.212 Execution of warrant and service of summons.
2.213 Warrant placed as detainer and dispositional review.
2.214 Probable cause hearing and determination.
2.215 Place of revocation hearing.
2.216 Revocation hearing procedure.
2.217 Issuance of subpoena for appearance of witnesses or production 
of documents.
2.218 Revocation decisions.
2.219 Maximum terms of imprisonment and supervised release.
2.220 Appeal.

Subpart D--District of Columbia Supervised Releasees


Sec.  2.200  Authority, jurisdiction, and functions of the U.S. Parole 
Commission with respect to offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia.

    (a) The U.S. Parole Commission has jurisdiction, pursuant to D.C. 
Code 24-133(c)(2), over all offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia under 
the Sentencing Reform Emergency Amendment Act of 2000.
    (b) The U.S. Parole Commission shall have and exercise the same 
authority with respect to a term of supervised release as is vested in 
the United States

[[Page 41701]]

district courts by 18 U.S.C. 3583(d) through (i), except that:
    (1) The procedures followed by the Commission in exercising that 
authority shall be those set forth with respect to offenders on federal 
parole at 18 U.S.C. 4209 through 4215 (Chapter 311 of 18 United States 
Code); and
    (2) An extension of a term of supervised release under subsection 
(e)(2) of 18 U.S.C. 3583 may only be ordered by the Superior Court upon 
motion from the Commission.
    (c) Within the District of Columbia, supervision of offenders on 
terms of supervised release under the Commission's jurisdiction is 
carried out by the Community Supervision Officers of the Court Services 
and Offender Supervision Agency (CSOSA), pursuant to D.C. Code 24-
133(c)(2). Outside the District of Columbia, supervision is carried out 
by United States Probation Officers pursuant to 18 U.S.C. 3655. For the 
purpose of this subpart, any reference to a ``supervision officer'' 
shall include both a Community Supervision Officer of CSOSA and a 
United States Probation Officer in the case of a releasee who is under 
supervision outside the District of Columbia.


Sec.  2.201  Period of supervised release.

    (a) A period of supervised release that is subject to the 
Commission's jurisdiction begins to run on the day the offender is 
released from prison and continues to the expiration of the full term 
imposed by the Superior Court, unless early termination is granted by 
the Commission.
    (b) A term of supervised release shall run concurrently with any 
federal, state, or local term of probation, parole or supervised 
release for another offense, but does not run while the offender is 
imprisoned in connection with a conviction for a federal, state, or 
local crime (including a term of imprisonment resulting from a 
probation, parole, or supervised release revocation) unless the period 
of imprisonment is less than 30 days. Such interruption of the term of 
supervised release is required by D.C. Code 24-403.01(b)(5), and is not 
dependent upon the issuance of a warrant or an order of revocation by 
the Commission.
    (c) (1) For an offender serving multiple terms of supervised 
release imposed by the Superior Court, the duration of the Commission's 
jurisdiction over the offender shall be governed by the longest term 
imposed.
    (2) If the Commission terminates such an offender from supervision 
on the longest term imposed, this order shall have the effect of 
terminating the offender from all terms of supervised release that the 
offender is serving at the time of the order.
    (3) If the Commission issues a warrant or summons for such an 
offender, or revokes supervised release for such an offender, the 
Commission's action shall have the effect of commencing revocation 
proceedings on, or revoking, all terms that the offender is serving at 
the time of the action. In revoking supervised release the Commission 
shall impose a term of imprisonment and a further term of supervised 
release as if the Commission were revoking a single term of supervised 
release. For the purpose of calculating the maximum authorized term of 
imprisonment at first revocation and the original maximum authorized 
term of supervised release, the Commission shall use the unexpired 
supervised release term imposed for the offense punishable by the 
longest maximum term of imprisonment.
    (4) If such an offender is released to a further term of supervised 
release after serving a prison term resulting from a supervised release 
revocation, the Commission shall consider the offender to be serving 
only the single term of supervised release ordered after revocation.


Sec.  2.202  Prerelease procedures.

    (a) At least three months, but not more than six months, prior to 
the release of a prisoner who has been sentenced to a term or terms of 
supervised release by the Superior Court, the responsible prison 
officials shall have the prisoner's release plan forwarded to CSOSA (or 
to the appropriate U.S. Probation Office) for investigation. If the 
supervision officer believes that any special condition of supervised 
release should be imposed prior to the release of the prisoner, the 
officer shall forward a request for such condition to the Commission. 
The Commission may, upon such request or of its own accord, impose any 
special condition in addition to the standard conditions specified in 
Sec.  2.204, which shall take effect on the day the prisoner is 
released.
    (b) Upon the release of the prisoner, the responsible prison 
officials shall instruct the prisoner, in writing, to report to the 
assigned supervision office within 72 hours, and shall inform the 
prisoner that failure to report on time shall constitute a violation of 
supervised release. If the prisoner is released to the custody of other 
authorities, the prisoner shall be instructed to report to the 
supervision office within 72 hours after his release from the physical 
custody of such authorities. If the prisoner is unable to report to the 
supervision office within 72 hours of release because of an emergency, 
the prisoner shall be instructed to report to the nearest U.S. 
Probation Office and obey the instructions given by the duty officer.


Sec.  2.203  Certificate of supervised release.

    When an offender who has been released from prison to serve a term 
of supervised release reports to the supervision officer for the first 
time, the supervision officer shall deliver to the releasee a 
certificate listing the conditions of supervised release imposed by the 
Commission and shall explain the conditions to the releasee.


Sec.  2.204  Conditions of supervised release.

    (a)(1) General conditions of release and notice by certificate of 
release. The conditions set forth in paragraphs (a)(3)-(6) of this 
section apply to every releasee and are necessary to protect the public 
from further crimes by the releasee and to provide adequate supervision 
of the releasee. The certificate of release issued to each releasee by 
the Commission notifies the releasee of these conditions.
    (2) Effect of refusal to sign certificate of release. A releasee 
who refuses to sign the certificate of release is nonetheless bound by 
the conditions set forth in that certificate.
    (3) Reporting arrival. The releasee shall go directly to the 
district named in the certificate, appear in person at the supervision 
office, and report the releasee's residence address to the supervision 
officer. If the releasee is unable to appear in person at that office 
within 72 hours of release because of an emergency, the releasee shall 
report to the nearest U.S. Probation Office and obey the instructions 
given by the duty officer. A releasee who is initially released to the 
physical custody of another authority shall follow the procedures 
described in this paragraph upon release from the custody of the other 
authority.
    (4) Providing information to and cooperating with the supervision 
officer.
    (i) The releasee shall, between the first and third day of each 
month, make a written report to the supervision officer on a form 
provided for that purpose. The releasee shall also report to the 
supervision officer at such times and in such a manner as that officer 
directs and shall provide such information as the supervision officer 
requests. All information that a releasee provides to the supervision 
officer shall be complete and truthful.
    (ii) The releasee shall notify the supervision officer within two 
days of an arrest or questioning by a law-

[[Page 41702]]

enforcement officer, a change in place of residence, or a change in 
employment.
    (iii) The releasee shall permit the supervision officer to visit 
the releasee's residence and workplace.
    (iv) The releasee shall permit the supervision officer to 
confiscate any material that the supervision officer believes may 
constitute contraband and that is in plain view in the releasee's 
possession, including in the releasee's residence, workplace, or 
vehicle.
    (v) The releasee shall submit to a drug or alcohol test whenever 
ordered to do so by the supervision officer.
    (5) Prohibited conduct. (i) The releasee shall not violate any law 
and shall not associate with a person who is violating any law.
    (ii) The releasee shall not possess a firearm, other dangerous 
weapon, or ammunition.
    (iii) The releasee shall not drink alcoholic beverages to excess 
and shall not illegally buy, possess, use, or administer a controlled 
substance. The releasee shall not frequent a place where a controlled 
substance is illegally sold, dispensed, used, or given away.
    (iv) The releasee shall not leave the geographic limits set by the 
certificate of release without written permission from the supervision 
officer.
    (v) The releasee shall not associate with a person who has a 
criminal record without permission from the supervision officer.
    (vi) The releasee shall not enter into an agreement to act as an 
informer or special agent for a law-enforcement agency without the 
prior approval of the Commission.
    (6) Additional conditions. (i) The releasee shall make a diligent 
effort to work regularly, unless excused by the supervision officer, 
and to support any legal dependent. The releasee shall participate in 
an employment readiness program if so directed by the supervision 
officer.
    (ii) The releasee shall make a diligent effort to satisfy any fine, 
restitution order, court costs or assessment, or court-ordered child 
support or alimony payment to which the releasee is subject. The 
releasee shall provide financial information relevant to the payment of 
such a financial obligation that is requested by the supervision 
officer. If unable to pay such a financial obligation in one sum, the 
releasee shall cooperate with the supervision officer to establish an 
installment-payment schedule.
    (iii) If the term of supervision results from a conviction for a 
domestic violence crime, and such conviction is the releasee's first 
conviction for such a crime, the releasee shall, as directed by the 
supervision officer, attend an approved offender-rehabilitation program 
if such a program is readily available within a 50-mile radius of the 
releasee's residence.
    (iv) The releasee shall comply with any applicable sex-offender 
reporting and registration law.
    (v) The releasee shall provide a DNA sample, as directed by the 
supervision officer, if collection of such sample is authorized by the 
DNA Analysis Backlog Elimination Act of 2000.
    (vi) If the releasee is supervised by the District of Columbia 
Court Services and Offender Supervision Agency, the releasee shall 
submit to the sanctions imposed by the supervision officer within the 
limits established by an approved schedule of graduated sanctions if 
the supervision officer finds that the releasee has tested positive for 
illegal drugs or has committed a noncriminal violation of the 
conditions of release. Notwithstanding the imposition of a graduated 
sanction, if the Commission believes the releasee is a risk to the 
public safety, or is not complying in good faith with the sanction 
imposed, the Commission may commence revocation proceedings on the 
alleged violation(s) upon which the graduated sanction was based.
    (vii) As directed by the supervision officer, the releasee shall 
notify a person of a risk of harm that may be determined from a review 
of the releasee's criminal record or personal history and 
characteristics. In addition, the supervision officer is authorized to 
make such notifications as are permitted by the Commission's rules, and 
to confirm the releasee's compliance with any notification directive. 
(b)(1) Special conditions of release. The Commission may impose a 
condition other than a condition set forth in paragraphs (a)(3)-(6) of 
this section if the Commission determines that such condition is 
necessary to protect the public from further crimes by the releasee and 
provide adequate supervision of the releasee.
    (2) The following are examples of special conditions frequently 
imposed by the Commission--
    (i) That the releasee reside in or participate in the program of a 
community corrections center, or both, for all or part of the period of 
supervision;
    (ii) That the releasee participate in a drug-or alcohol-treatment 
program, and abstain from all use of alcohol and other intoxicants;
    (iii) That, as an alternative to incarceration, the releasee remain 
at home during nonworking hours and have compliance with this condition 
monitored by telephone or electronic signaling devices; and
    (iv) That the releasee permit a supervision officer to conduct a 
search of the releasee's person, or of any building, vehicle, or other 
area under the control of the releasee, at such time as that 
supervision officer shall decide, and to seize contraband found thereon 
or therein.
    (3) If the Commission requires the releasee's participation in a 
drug-treatment program, the releasee must submit to a drug test within 
15 days of release and to at least two other drug tests, as determined 
by the supervision officer. A decision not to impose this special 
condition, because available information indicates a low risk of future 
substance abuse by the releasee, shall constitute good cause for 
suspension of the drug testing requirements of 18 U.S.C. 3583(d).
    (c) Changing conditions of release. (1) The Commission may at any 
time modify or add to the conditions of release if the Commission 
determines that such modification or addition is necessary to protect 
the public from further crimes by the releasee and provide adequate 
supervision of the releasee.
    (2)(i) Except as provided in paragraph (c)(2)(ii) of this section, 
before the Commission orders a change of condition, the releasee shall 
be notified of the proposed modification or addition and, unless 
waived, shall have 10 days from receipt of such notification to comment 
on the proposed modification or addition. Following that 10-day period, 
the Commission shall have 21 days, exclusive of holidays, to determine 
whether to order such modification or addition to the conditions of 
release.
    (ii) The 10-day notice requirement of paragraph (c)(2)(i) of this 
section does not apply to a change of condition that results from a 
revocation hearing for the releasee, a determination that the 
modification or addition must be ordered immediately to prevent harm to 
the releasee or to the public, or a request from the releasee.
    (d) Application of release conditions to absconder. A releasee who 
absconds from supervision prevents the term of supervision from 
expiring and the running of the term is tolled during the time that the 
releasee is an absconder. A releasee who absconds from supervision 
remains bound by the conditions of release, even after the date that 
the term of supervision originally was scheduled to expire. The 
Commission may revoke the term of supervision based on a violation of a 
release condition committed by such a

[[Page 41703]]

releasee before the expiration of the term of supervision, as extended 
by the period of absconding.
    (e) Revocation for certain violations of release conditions. If the 
Commission finds after a revocation hearing that a releasee has 
possessed a controlled substance, refused to comply with drug testing, 
possessed a firearm, or tested positive for illegal controlled 
substances more than three times over the course of one year, the 
Commission shall revoke the term of supervision and impose a term of 
imprisonment as provided at Sec.  2.218. If the releasee fails a drug 
test, the Commission shall consider appropriate alternatives to 
revocation.
    (f) Supervision officer guidance. The Commission expects a releasee 
to understand the conditions of release according to the plain meaning 
of those conditions and to seek the guidance of the supervision officer 
before engaging in conduct that may violate a condition of release. The 
supervision officer may instruct a releasee to refrain from particular 
conduct, or take specific steps to avoid violating a condition of 
release, or to correct an existing violation of a condition of release. 
The releasee's failure to obey a directive from the supervision officer 
to report on compliance with such instructions may be considered as a 
violation of the condition described at paragraph (a)(4)(i) of this 
section.
    (g) Definitions. As used in this section, the term--
    (1) Releasee means a person who has been sentenced to a term of 
supervised release by the Superior Court of the District of Columbia;
    (2) Supervision officer means a Community Supervision Officer of 
the District of Columbia Court Services and Offender Supervision Agency 
or United States Probation Officer;
    (3) Domestic violence crime has the meaning given that term by 18 
U.S.C. 3561, except that the term ``court of the United States'' as 
used in that definition shall be deemed to include the District of 
Columbia Superior Court;
    (4) Approved offender-rehabilitation program means a program that 
has been approved by the District of Columbia Court Services and 
Offender Supervision Agency (or the United States Probation Office) in 
consultation with a State Coalition Against Domestic Violence or other 
appropriate experts;
    (5) Certificate of release means the certificate of supervised 
release delivered to the releasee under Sec.  2.203; and
    (6) Firearm has the meaning given by 18 U.S.C. 921.


Sec.  2.205  Confidentiality of supervised release records.

    (a) Consistent with the Privacy Act of 1974 (5 U.S.C 552a(b)), the 
contents of supervised release records shall be confidential and shall 
not be disclosed outside the Commission and CSOSA (or the U.S. 
Probation Office) except as provided in paragraphs (b) and (c) of this 
section.
    (b) Information pertaining to a releasee may be disclosed to the 
general public, without the consent of the releasee, as authorized by 
Sec.  2.37.
    (c) Information other than as described in Sec.  2.37 may be 
disclosed without the consent of the releasee only pursuant to the 
provisions of the Privacy Act of 1974 (5 U.S.C. 552a(b)) and the 
implementing rules of the Commission or CSOSA, as applicable.


Sec.  2.206  Travel approval and transfers of supervision.

    (a) A releasee's supervision officer may approve travel outside the 
district of supervision without approval of the Commission in the 
following situations:
    (1) Trips not to exceed thirty days for family emergencies, 
vacations, and similar personal reasons;
    (2) Trips, not to exceed thirty days, to investigate reasonably 
certain employment possibilities; and
    (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 releasee under the 
supervision of CSOSA shall be the District of Columbia, except that for 
the purpose of travel permission under this section, the district of 
supervision shall include the D.C. metropolitan area as defined in the 
certificate of supervised release.
    (e) A supervised releasee who is under the jurisdiction of the 
Commission, and who is released or transferred to a district outside 
the District of Columbia, shall be supervised by a U.S. Probation 
Officer pursuant to 18 U.S.C. 3655.
    (f) A supervised 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.  2.207  Supervision reports to Commission.

    A regular supervision report shall be submitted to the Commission 
by the supervision officer 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 releasee, and the enforcement of the 
conditions of supervised release, as the Commission may direct. All 
reports shall be submitted according to the format established by the 
Commission.


Sec.  2.208  Termination of a term of supervised release.

    (a) The Commission, in its discretion, may terminate a term of 
supervised release and discharge the releasee from further supervision 
at any time after the expiration of one year of supervised release, if 
the Commission is satisfied that such action is warranted by the 
conduct of the releasee and the interest of justice.
    (b) Two years after release on supervision, and at least annually 
thereafter, the Commission shall review the status of each releasee to 
determine the need for continued supervision. In calculating such two-
year period there shall not be included any period of release prior to 
the most recent release, nor any period served in confinement on any 
other sentence. A review shall also be conducted whenever termination 
of supervision is specially recommended by the releasee's supervision 
officer. If the term of supervised release imposed by the court is two 
years or less, termination of supervision shall be considered only if 
specially recommended by the releasee's supervision officer.
    (c) In determining whether to grant early termination of 
supervision, the Commission shall calculate for the releasee a Salient 
Factor Score under Sec.  2.20, and shall apply the following early 
termination guidelines, provided that case-specific factors do not 
indicate a need for continued supervision:
    (1) For a releasee classified in the very good risk category and 
whose current offense did not involve violence, termination of 
supervision may be ordered after two continuous years of incident-free 
supervision in the community.
    (2) For a releasee classified in the very good risk category and 
whose current

[[Page 41704]]

offense involved violence other than high level violence, termination 
of supervision may be ordered after three continuous years of incident-
free supervision in the community.
    (3) For a releasee classified in the very good risk category and 
whose current offense involved high level violence (without death of 
victim resulting), termination of supervision may be ordered after four 
continuous years of incident-free supervision in the community.
    (4) For a releasee 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, 
termination of supervision may be ordered after three continuous years 
of incident-free supervision in the community.
    (5) For a releasee classified in other than the very good risk 
category whose current offense involved violence other than high level 
violence, or whose current offense did not involve violence but the 
releasee's prior record includes two or more episodes of felony 
violence, termination of supervision may be ordered after four 
continuous years of incident-free supervision in the community.
    (6) For releasees in the following categories, release from 
supervision prior to five years may be ordered only upon a case-
specific finding that, by reason of age, infirmity, or other compelling 
factors, the releasee is unlikely to be a threat to the public safety:
    (i) A releasee in other than the very good risk category whose 
current offense involved high level violence;
    (ii) A releasee whose current offense involved high level violence 
with death of victim resulting; and
    (iii) A releasee who is a sex offender serving a term of supervised 
release that exceeds five years.
    (7) The terms violence and high level violence are defined in Sec.  
2.80. The term incident-free supervision means that the releasee has 
had no reported violations, and has not been the subject of any arrest 
or law enforcement investigation that raises a reasonable doubt as to 
whether the releasee has been able to refrain from law violations while 
under supervision.
    (d) Except in the case of a releasee covered by paragraph (c)(6) of 
this section, a decision to terminate supervision below the guidelines 
may be made if it appears that the releasee is a better risk than 
indicated by the salient factor score (if classified in other than the 
very good risk category), or is a less serious risk to the public 
safety than indicated by a violent current offense or prior record. 
However, termination of 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 releasee's 
rehabilitation.
    (e) A releasee with a pending criminal charge who is otherwise 
eligible for an early termination from supervision shall not be 
discharged from supervision until the disposition of such charge is 
known.
    (f) Decisions on the early termination of a term of supervised 
release for an offender sentenced under the YRA shall be made under the 
provisions of this section. If the Commission terminates the term of 
supervised release before the expiration of the term, the youth 
offender's conviction is automatically set aside and the Commission 
shall issue a certificate setting aside the conviction. See D.C. Code 
24-906(c), (d). The set-aside certificate shall be issued in lieu of 
the certificate of discharge described in Sec.  2.209.


Sec.  2.209  Order of termination.

    When the Commission orders the termination of a term of supervised 
release, it shall issue a certificate to the releasee granting the 
releasee a full discharge from his term of supervised release. The 
termination and discharge shall take effect only upon the actual 
delivery of the certificate of discharge to the releasee by the 
supervision officer, and may be rescinded for good cause at any time 
prior to such delivery.


Sec.  2.210  Extension of term.

    (a) At any time during service of a term of supervised release, the 
Commission may submit to the Superior Court a motion to extend the term 
of supervised release to the maximum term authorized by law, if less 
than the maximum authorized term was originally imposed. If the 
Superior Court grants the Commission's motion prior to the expiration 
of the term originally imposed, the extension ordered by the court 
shall take effect upon issuance of the order.
    (b) The Commission may submit the motion for an extension of a term 
of supervised release if the Commission finds that the rehabilitation 
of the releasee or the protection of the public from further crimes by 
the releasee is likely to require a longer period of supervision than 
the court originally contemplated. The Commission's grounds for making 
such a finding shall be stated in the motion filed with the court.
    (c) The provisions of this section shall not apply to the 
Commission's determination of an appropriate period of further 
supervised release following revocation of a term of supervised 
release.


Sec.  2.211  Summons to appear or warrant for retaking releasee.

    (a) If a releasee is alleged to have violated the conditions of his 
release, and satisfactory evidence thereof is presented, a Commissioner 
may:
    (1) Issue a summons requiring the releasee to appear for a probable 
cause hearing or local revocation hearing; or
    (2) Issue a warrant for the apprehension and return of the releasee 
to custody.
    (b) A summons or warrant under paragraph (a) of this section may be 
issued or withdrawn only by a Commissioner.
    (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 a Commissioner, requires such 
issuance. In the case of any releasee 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 releasee.
    (d) A summons or warrant may be issued only within the maximum term 
or terms of the period of supervised release being served by the 
releasee, except as provided for an absconder from supervision in Sec.  
2.204(i). 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 term of supervised release. Such warrant 
maintains the Commission's jurisdiction to retake the releasee either 
before or after the normal expiration date of the term, and for such 
time as may be reasonably necessary for the Commission to reach a final 
decision as to revocation of the term of supervised release.
    (f) A summons or warrant issued pursuant to this section shall be

[[Page 41705]]

accompanied by a warrant application (or other notice) stating:
    (1) The charges against the releasee;
    (2) The specific reports and other documents upon which the 
Commission intends to rely in determining whether a violation of 
supervised release has occurred and whether to revoke supervised 
release;
    (3) Notice of the Commission's intent, if the releasee is arrested 
within the District of Columbia, to hold a probable cause hearing 
within five days of the releasee's arrest;
    (4) A statement of the purpose of the probable cause hearing;
    (5) The days of the week on which the Commission regularly holds 
its dockets of probable cause hearings at the Central Detention 
Facility;
    (6) The releasee's procedural rights in the revocation process; and
    (7) The possible actions that the Commission may take.
    (g) In the case of an offender who is serving concurrent terms of 
parole and supervised release under the Commission's jurisdiction, the 
Commission may take any action permitted by this section on the basis 
of one or more of the terms (e.g., the Commission may issue warrants on 
both terms, and order that the first warrant should be executed, and 
that the second warrant should be placed as a detainer and executed 
only when the offender is released from the prison term that begins 
with the execution of the first warrant). The Commission may conduct 
separate revocation hearings, or consider all parole and supervised 
release violation charges in one combined hearing and make dispositions 
on the parole and supervised release terms. If the Commission conducts 
separate revocation hearings and revokes parole or supervised release 
at the first hearing, the Commission may conduct the subsequent hearing 
on the same violation behavior as an institutional hearing.


Sec.  2.212  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 releasee and 
returning him to the custody of the Attorney General.
    (b) Upon the arrest of the releasee, the officer executing the 
warrant shall deliver to the releasee a copy of the warrant application 
(or other notice provided by the Commission) containing the information 
described in Sec.  2.211(f).
    (c) If execution of the warrant is delayed pending disposition of 
local charges, for further investigation, or for some other purpose, 
the releasee 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 releasee must continue to abide by 
all the conditions of release.
    (d) If any other warrant for the arrest of the releasee 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 arrestee to such other warrant and 
lodge the Commission's warrant as a detainer, voiding the execution 
thereof, provided such action is consistent with the instructions of 
the Commission. In other cases, the arrestee 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 probable cause hearing or revocation 
hearing shall be served upon the releasee in person by delivering to 
the releasee 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 releasee in custody until the warrant can be executed in 
accordance with paragraph (a) of this section.


Sec.  2.213  Warrant placed as detainer and dispositional review.

    (a) When a releasee is a prisoner in the custody of other law 
enforcement authorities, or is serving a new sentence of imprisonment 
imposed for a crime (or for a violation of some other form of community 
supervision) committed while on supervised release, a violation warrant 
may be lodged against him as a detainer.
    (b) The Commission shall review the detainer upon the request of 
the prisoner pursuant to the procedure set forth in Sec.  2.47(a)(2). 
Following such review, the Commission may:
    (1) Withdraw the detainer and order reinstatement of the prisoner 
to supervision upon release from custody;
    (2) Order a dispositional revocation hearing to be conducted at the 
institution in which the prisoner is confined; or
    (3) Let the detainer stand until the new sentence is completed. 
Following the execution of the Commission's warrant, and the transfer 
of the prisoner to an appropriate federal facility, an institutional 
revocation hearing shall be conducted.
    (c) Dispositional revocation hearings pursuant to this section 
shall be conducted in accordance with the provisions at Sec.  2.216 
governing institutional revocation hearings. A hearing conducted at a 
state or local facility may be conducted either by a hearing examiner 
or by any federal, state, or local official designated by a 
Commissioner. Following a revocation hearing conducted pursuant to this 
section, the Commission may take any action authorized by Sec. Sec.  
2.218 and 2.219.
    (d) The date the violation term commences is the date the 
Commission's warrant is executed. A releasee's violation term (i.e., 
the term of imprisonment and/or further term of supervised release that 
the Commission may require the releasee to serve after revocation) 
shall start to run only upon the offender's release from the 
confinement portion of the intervening sentence.
    (e) An offender whose supervised release 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 purpose of satisfying the time ranges in 
the reparole guidelines at Sec.  2.21. The computation of the 
offender's sentence, and the forfeiture of time on supervised release, 
are not affected by such guideline credit.


Sec.  2.214  Probable cause hearing and determination.

    (a) Hearing. A supervised releasee who is retaken and held in 
custody in the District of Columbia on a warrant issued by the 
Commission, and who has not been convicted of a new crime, shall be 
given a probable cause hearing by an examiner of the Commission no 
later than five days from the date of such retaking. A releasee who is 
retaken and held in custody outside the District of Columbia, but 
within the Washington D.C. metropolitan area, and who has not been 
convicted of a new crime, shall be given a probable cause hearing by an 
examiner of the Commission within five days of the releasee's arrival 
at a facility

[[Page 41706]]

where probable cause hearings are conducted. The purpose of a probable 
cause hearing is to determine whether there is probable cause to 
believe that the releasee has violated the conditions of supervised 
release as charged, and if so, whether a local or institutional 
revocation hearing should be conducted. If the examiner finds probable 
cause, the examiner shall schedule a final revocation hearing to be 
held within 65 days of the releasee's arrest.
    (b) Notice and opportunity to postpone hearing. Prior to the 
commencement of each docket of probable cause hearings in the District 
of Columbia, a list of the releasees who are scheduled for probable 
cause hearings, together with a copy of the warrant application for 
each releasee, shall be sent to the D.C. Public Defender Service. At or 
before the probable cause hearing, the releasee (or the releasee's 
attorney) may submit a written request that the hearing be postponed 
for any period up to thirty days, and the Commission shall ordinarily 
grant such requests. Prior to the commencement of the probable cause 
hearing, the examiner shall advise the releasee that the releasee may 
accept representation by the attorney from the D.C. Public Defender 
Service who is assigned to that docket, waive the assistance of an 
attorney at the probable cause hearing, or have the probable cause 
hearing postponed in order to obtain another attorney and/or witnesses 
on his behalf. In addition, the releasee may request the Commission to 
require the attendance of adverse witnesses (i.e., witnesses who have 
given information upon which revocation may be based) at a postponed 
probable cause hearing. Such adverse witnesses may be required to 
attend either a postponed probable cause hearing, or a combined 
postponed probable cause and local revocation hearing, provided the 
releasee meets the requirements of Sec.  2.215(a) for a local 
revocation hearing. The releasee shall also be given notice of the time 
and place of any postponed probable cause hearing.
    (c) Review of the charges. At the beginning of the probable cause 
hearing, the examiner shall ascertain that the notice required by Sec.  
2.212(b) has been given to the releasee. The examiner shall then review 
the violation charges with the releasee and shall apprise the releasee 
of the evidence that has been submitted in support of the charges. The 
examiner shall ascertain whether the releasee admits or denies each 
charge listed on the warrant application (or other notice of charges), 
and shall offer the releasee an opportunity to rebut or explain the 
allegations contained in the evidence giving rise to each charge. The 
examiner shall also receive the statements of any witnesses and 
documentary evidence that may be presented by the releasee. At a 
postponed probable cause hearing, the examiner shall also permit the 
releasee to confront and cross-examine any adverse witnesses in 
attendance, unless good cause is found for not allowing confrontation. 
Whenever a probable cause hearing is postponed to secure the appearance 
of adverse witnesses (or counsel in the case of a probable cause 
hearing conducted outside the District of Columbia), the Commission 
will ordinarily order a combined probable cause and local revocation 
hearing as provided in paragraph (i) of this section.
    (d) Probable cause determination. At the conclusion of the probable 
cause hearing, the examiner shall determine whether probable cause 
exists to believe that the releasee has violated the conditions of 
release as charged, and shall so inform the releasee. The examiner 
shall then take either of the following actions:
    (1) If the examiner determines that no probable cause exists for 
any violation charge, the examiner shall order that the releasee be 
released from the custody of the warrant and either reinstated to 
supervision, or discharged from supervision if the term of supervised 
release has expired.
    (2) If the hearing examiner determines that probable cause exists 
on any violation charge, and the releasee has requested (and is 
eligible for) a local revocation hearing in the District of Columbia as 
provided by Sec.  2.215(a), the examiner shall schedule a local 
revocation hearing for a date that is within 65 days of the releasee's 
arrest. After the probable cause hearing, the releasee (or the 
releasee's attorney) may submit a written request for a postponement. 
Such postponements will normally be granted if the request is received 
no later than fifteen days before the date of the revocation hearing. A 
request for a postponement that is received by the Commission less than 
fifteen days before the scheduled date of the revocation hearing will 
be granted only for a compelling reason. The releasee (or the 
releasee's attorney) may also request, in writing, a hearing date that 
is earlier than the date scheduled by the examiner, and the Commission 
will accommodate such request if practicable.
    (e) Institutional revocation hearing. If the releasee is not 
eligible for a local revocation hearing as provided by Sec.  2.215(a), 
or has requested to be transferred to an institution for his revocation 
hearing, the Commission will request the Bureau of Prisons to designate 
the releasee to an appropriate institution, and an institutional 
revocation hearing shall be scheduled for a date that is within 90 days 
of the releasee's retaking.
    (f) Digest of the probable cause hearing. At the conclusion of the 
probable cause hearing, the examiner shall prepare a digest summarizing 
the evidence presented at the hearing, the responses of the releasee, 
and the examiner's findings as to probable cause.
    (g) Release notwithstanding probable cause. Notwithstanding a 
finding of probable cause, the Commission may order the releasee's 
reinstatement to supervision or release pending further proceedings, if 
it determines that:
    (1) Continuation of revocation proceedings is not warranted despite 
the finding of probable cause; or
    (2) Incarceration pending further revocation proceedings is not 
warranted by the frequency or seriousness of the alleged violation(s), 
and the releasee is neither likely to fail to appear for further 
proceedings, nor is a danger to himself or others.
    (h) Conviction as probable cause. Conviction of any crime committed 
subsequent to the commencement of a term of supervised release shall 
constitute probable cause for the purposes of this section, and no 
probable cause hearing shall be conducted unless a hearing is needed to 
consider additional violation charges that may be determinative of the 
Commission's decision whether to revoke supervised release.
    (i) Combined probable cause and local revocation hearing. A 
postponed probable cause hearing may be conducted as a combined 
probable cause and local revocation hearing, provided such hearing is 
conducted within 65 days of the releasee's arrest and the releasee has 
been notified that the postponed probable cause hearing will constitute 
the final revocation hearing. The Commission's policy is to conduct a 
combined probable cause and local revocation hearing whenever adverse 
witnesses are required to appear and give testimony with respect to 
contested charges.
    (j) 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 probable cause hearing to 
determine if the new charge is contested by the releasee and if 
witnesses must be presented at the revocation hearing;

[[Page 41707]]

    (2) Notify the releasee that the additional charge will be 
considered at the revocation hearing without conducting a supplemental 
probable cause hearing; or
    (3) Determine that the new charge shall not be considered at the 
revocation hearing.


Sec.  2.215  Place of revocation hearing.

    (a) If the releasee requests a local revocation hearing, the 
releasee shall be given a revocation hearing reasonably near the place 
of the alleged violation(s) or arrest, with the opportunity to contest 
the violation charges, if the following conditions are met:
    (1) The releasee has not been convicted of a crime committed while 
under supervision; and
    (2) The releasee denies all violation charges.
    (b) The releasee shall also be given a local revocation hearing if 
the releasee 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 or the 
length of any new term of imprisonment, and the releasee requests the 
presence of one or more adverse witnesses regarding that contested 
charge. If the appearance of such witnesses 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)(1) A releasee shall be given an institutional revocation 
hearing upon the releasee's return or recommitment to an institution if 
the releasee:
    (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 
imposition of a new term of imprisonment.
    (2) An institutional revocation hearing may also be conducted in 
the District of Columbia jail or prison facility in which the releasee 
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.  2.216(b).
    (e) Unless the Commission orders release notwithstanding a probable 
cause finding under Sec.  2.214(g), a releasee who is retaken on a 
warrant issued by the Commission shall remain in custody until a 
decision is made on the revocation of the term of supervised release. A 
releasee 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 ordered otherwise.
    (f) A local revocation hearing shall be held not later than 65 days 
from the retaking of the releasee on a supervised release violation 
warrant. An institutional revocation hearing shall be held within 90 
days of the retaking of the releasee on a supervised release violation 
warrant. If the releasee requests and receives any postponement, or 
consents to any postponement, or by his actions otherwise precludes the 
prompt completion of revocation proceedings in his case, the above-
stated time limits shall be correspondingly extended.
    (g) A local revocation hearing may be conducted by a hearing 
examiner or by any federal, state, or local official who is designated 
by a Commissioner to be the presiding hearing officer. An institutional 
revocation hearing may be conducted by a hearing examiner.


Sec.  2.216  Revocation hearing procedure.

    (a) The purpose of the revocation hearing shall be to determine 
whether the releasee has violated the conditions of the term of 
supervised release, and, if so, whether the term should be revoked or 
the releasee restored to supervised release.
    (b) At a local revocation hearing, the alleged violator may present 
voluntary witnesses and documentary evidence. The alleged violator may 
also request the Commission to compel the attendance of any adverse 
witnesses for cross-examination, and any other relevant witnesses who 
have not volunteered to attend. At an institutional revocation hearing, 
the alleged violator may present voluntary witnesses and documentary 
evidence, but may not request the Commission to secure the attendance 
of any adverse or favorable witness. At any hearing, the presiding 
hearing officer may limit or exclude any irrelevant or repetitious 
statement or documentary evidence, and may prohibit the releasee 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, 
subject to a finding of good cause as described in paragraph (d) of 
this section. 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.
    (d) The Commission may excuse any requested adverse witness from 
appearing at the hearing (or from appearing in the presence of the 
alleged violator) if the Commission 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, or the witness not being reasonably available when the 
Commission has documentary evidence that is an adequate substitute for 
live testimony.
    (e) All evidence upon which a finding of violation may be based 
shall be disclosed to the alleged violator before the revocation 
hearing. Such evidence shall include the community supervision 
officer's letter summarizing the releasee's adjustment to supervision 
and requesting the warrant, all other documents describing the charged 
violation or violations, and any additional evidence upon which the 
Commission intends to rely in determining whether the charged violation 
or violations, if sustained, would warrant revocation of supervised 
release. If the releasee is represented by an attorney, the attorney 
shall be provided, prior to the revocation hearing, with a copy of the 
releasee's presentence investigation report, if such report is 
available to the Commission. If disclosure of any information would 
reveal the identity of a confidential informant or result in harm to 
any person, that information may be withheld from disclosure, in which 
case a summary of the withheld information shall be disclosed to the 
releasee prior to the revocation hearing.
    (f) 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 supervised releasees, except in the case of law 
students appearing before the Commission as part of a court-approved 
clinical practice program. Such law students must be under the

[[Page 41708]]

personal direction of a lawyer or law professor who is physically 
present at the hearing, and the examiner shall ascertain that the 
releasee consents to the procedure.
    (g) At a local revocation hearing, the Commission shall secure the 
presence of the releasee's community supervision officer, or a 
substitute community supervision officer who shall bring the releasee's 
supervision file if the releasee's community supervision officer is not 
available. At the request of the hearing examiner, such officer shall 
provide testimony at the hearing concerning the releasee's adjustment 
to supervision.
    (h) After the revocation hearing, the hearing examiner shall 
prepare a summary of the hearing that includes a description of the 
evidence against the releasee and the evidence submitted by the 
releasee in defense or mitigation of the charges, a summary of the 
arguments against revocation presented by the releasee, and the 
examiner's recommended decision. The hearing examiner's summary, 
together with the releasee's file (including any documentary evidence 
and letters submitted on behalf of the releasee), shall be given to 
another examiner for review. When two hearing examiners concur in a 
recommended disposition, that recommendation, together with the 
releasee's file and the hearing examiner's summary of the hearing, 
shall be submitted to the Commission for decision.


Sec.  2.217  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 probable cause hearing or local 
revocation hearing, a Commissioner may issue a subpoena for the 
appearance of such witness.
    (2) In addition, a Commissioner may, upon a showing by the releasee 
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) A subpoena may also be issued at the discretion of a 
Commissioner if an adverse witness is judged unlikely to appear as 
requested, or if the subpoena is deemed necessary for the orderly 
processing of the case.
    (b) A subpoena 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 of the subpoena 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 in 
which the revocation 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, as provided in 18 U.S.C. 4214(a)(2).


Sec.  2.218  Revocation decisions.

    (a) Whenever a releasee is summoned or retaken by the Commission, 
and the Commission finds by a preponderance of the evidence that the 
releasee has violated one or more conditions of supervised release, the 
Commission may take any of the following actions:
    (1) Restore the releasee to supervision, and where appropriate:
    (i) Reprimand the releasee;
    (ii) Modify the releasee's conditions of release;
    (iii) Refer the releasee to a residential community corrections 
center for all or part of the remainder of the term of supervised 
release; or
    (2) Revoke the term of supervised release.
    (b) If supervised release is revoked, the Commission shall 
determine whether the releasee shall be returned to prison to serve a 
new term of imprisonment, and the length of that term, or whether a new 
term of imprisonment shall be imposed but limited to time served. If 
the Commission imposes a new term of imprisonment that is less than the 
applicable maximum term of imprisonment authorized by law, the 
Commission shall also determine whether to impose a further term of 
supervised release to commence after the new term of imprisonment has 
been served. If the new term of imprisonment is limited to time served, 
any further term of supervised release shall commence upon the issuance 
of the Commission's order. Notwithstanding the above, if a releasee is 
serving another term of imprisonment of 30 days or more in connection 
with a conviction for a federal, state, or local crime (including a 
term of imprisonment resulting from a probation, parole, or supervised 
release revocation), a further term of supervised release imposed by 
the Commission under this paragraph shall not commence until that term 
of imprisonment has been served.
    (c) A releasee whose term of supervised release is revoked by the 
Commission shall receive no credit for time spent on supervised 
release, including any time spent in confinement on other sentences (or 
in a halfway house as a condition of supervised release) prior to the 
execution of the Commission's warrant.
    (d) The Commission's decision regarding the imposition of a term of 
imprisonment following revocation of supervised release, and any 
further term of supervised release, shall be made pursuant to the 
limitations set forth in Sec.  2.219. Within those limitations, the 
appropriate length of any term of imprisonment shall be determined by 
reference to the guidelines at Sec.  2.21. If the term of imprisonment 
authorized under Sec.  2.219 is less than the minimum of the 
appropriate guideline range determined under Sec.  2.21, the term 
authorized under Sec.  2.219 shall be the guideline range.
    (e) Whenever the Commission imposes a term of imprisonment upon 
revocation of supervised release that is less than the authorized 
maximum term of imprisonment, it shall be the Commission's general 
policy to impose a further term of supervised release that is the 
maximum term of supervised release permitted by Sec.  2.219. If the 
Commission imposes a new term of imprisonment that is equal to the 
maximum term of imprisonment authorized by law (or in the case of a 
subsequent revocation, that uses up the remainder of the maximum term 
of imprisonment authorized by law), the Commission may not impose a 
further term of supervised release.
    (f) Where deemed appropriate, the Commission may depart from the 
guidelines at Sec.  2.21 (with respect to the imposition of a new term 
of imprisonment) in order to permit the imposition of a further term of 
supervised release.
    (g) Decisions under this section shall be made upon the vote of one 
Commissioner, except that a decision to override an examiner panel 
recommendation shall require the

[[Page 41709]]

concurrence of two Commissioners. The final decision following a local 
revocation hearing shall be issued within 86 days of the retaking of 
the releasee on a supervised release violation warrant. The final 
decision following an institutional revocation hearing shall be issued 
within 21 days of the hearing, excluding weekends and holidays.


Sec.  2.219  Maximum terms of imprisonment and supervised release.

    (a) Imprisonment; first revocation. When a term of supervised 
release is revoked, the maximum authorized term of imprisonment that 
the Commission may require the offender to serve, in accordance with 
D.C. Code 24-403.01(b)(7), is determined by reference to the maximum 
authorized term of imprisonment for the offense of conviction. The 
maximum authorized term of imprisonment at the first revocation shall 
be:
    (1) Five years, if the maximum term of imprisonment authorized for 
the offense is life, or if the offense is statutorily designated as a 
Class A felony;
    (2) Three years, if the maximum term of imprisonment authorized for 
the offense is 25 years or more, but less than life, and the offense is 
not statutorily designated as a Class A felony;
    (3) Two years, if the maximum term of imprisonment authorized for 
the offense is 5 years or more, but less than 25 years; or
    (4) One year, if the maximum term of imprisonment authorized for 
the offense is less than 5 years.
    (b) Further term of supervised release; first revocation. (1) When 
a term of supervised release is revoked, and the Commission imposes 
less than the maximum term of imprisonment permitted by paragraph (a) 
of this section, the Commission may also impose a further term of 
supervised release after imprisonment. A term of imprisonment is ``less 
than the maximum authorized term of imprisonment'' if the term is one 
day or more shorter than the maximum authorized term of imprisonment.
    (2) The maximum authorized length of such further term of 
supervised release shall be the original maximum term of supervised 
release that the sentencing court was authorized to impose for the 
offense of conviction, less the term of imprisonment imposed by the 
Commission upon revocation of supervised release. The original maximum 
authorized term of supervised release is as follows:
    (i) Five years if the maximum term of imprisonment authorized for 
the offense is 25 years or more;
    (ii) Three years if the maximum term of imprisonment authorized for 
the offense is more than one year but less than 25 years; and
    (iii) Life if the person is required to register for life, and 10 
years in any other case, if the offender has been sentenced for an 
offense for which registration is required by the Sex Offender 
Registration Act of 1999.
    (3) For example, if the maximum authorized term of imprisonment at 
the first revocation is three years and the original maximum authorized 
term of supervised release is five years, the Commission may impose a 
three-year term of imprisonment with no supervised release to follow, 
or any term of imprisonment of less than three years with a further 
term of supervised release of five years minus the term of imprisonment 
actually imposed (such as a one-year term of imprisonment followed by a 
four-year term of supervised release, or a two-year term of 
imprisonment followed by a three-year term of supervised release).
    (c) Reference table. The following table may be used in most cases 
as a reference to determine both the maximum authorized term of 
imprisonment at the first revocation and the original maximum 
authorized term of supervised release:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Maximum
    D.C. Code reference for                                                  Original maximum   authorized term
  conviction offense (former                Offense description              authorized term    of imprisonment
  code reference in brackets)                                                 of  supervised      at the first
                                                                                 release           revocation
----------------------------------------------------------------------------------------------------------------
Title 22
    22-301 [22-401]...........  Arson.....................................  3 years..........  2 years.
    22-302 [22-402]...........  Arson: own property.......................  3 years..........  2 years.
    22-303 [22-403]...........  Destruction of property over $200.........  3 years..........  2 years.
    22-401 [22-501]...........  Assault: with intent to kill/rob/poison,    3 years (10 years  2 years.
                                 to commit sex abuse (1st or 2nd degree)     if SOR).
                                 or child sex abuse.
    22-401, 4502 [22-501,       Assault: with intent to kill etc. while     5 years (10 years  5 years.
     3202].                      armed *.                                    if SOR).
    22-402 [22-502]...........  Assault: with a dangerous weapon..........  3 years..........  2 years.
    22-403 [22-503]...........  Assault: with intent to commit an offense   3 years..........  2 years.
                                 other than those in Sec.   22-401.
    22-404(d) [22-504]........  Stalking--2nd+ offense....................  3 years..........  1 year.
    22-404.01, 4502 [22-504.1,  Assault; aggravated while armed *.........  5 years..........  5 years.
     3202].
    22-404.01(b) [22-504.1]...  Assault: aggravated.......................  3 years..........  2 years.
    22-404.01(c) [22-504.1]...  Assault: attempted aggravated.............  3 years..........  2 years.
    22-405(a) [22-505]........  Assault: on a police officer..............  3 years..........  2 years.
    22-405(b) [22-505]........  Assault: on a police officer while armed..  3 years..........  2 years.
    22-406 [22-506]...........  Mayhem/malicious disfigurement............  3 years..........  2 years.
    22-406, 4502 [22-506,       Mayhem/malicious disfigurement armed *....  5 years..........  5 years.
     3202].
    22-501 [22-601]...........  Bigamy....................................  3 years..........  2 years.
    22-601 [22-3427]..........  Breaking and entering machines............  3 years..........   1 year.
    22-704(a).................  Corrupt influence.........................  3 years..........  2 years.
    22-712(c).................  Bribery: public servant...................  3 years..........  2 years.
    22-713(c).................  Bribery: witness..........................  3 years..........  2 years.
    22-722(b).................  Obstructing justice *.....................  5 years..........  5 years.
    22-723(b).................  Evidence tampering........................  3 years..........  1 year.
    22-801(a) [22-1801].......  Burglary 1st degree.......................  5 years..........  3 years
    22-801(b) [22-1801].......  Burglary 2nd degree.......................  3 years..........  2 years.
    22-801, 4502 [22-1801,      Burglary: armed *.........................  5 years..........  5 years
     3202].
    22-902(b)(2) [22-752].....  Counterfeiting (see statute for offense     3 years..........  1 year.
                                 circumstances).

[[Page 41710]]

 
    22-902(b)(3) [22-752].....  Counterfeiting (see statute for offense     3 years..........  2 years.
                                 circumstances).
    22-1101(a), (c)(1) [22-     Cruelty to children 1st degree............  3 years..........  2 years.
     901].
    22-1101(b), (c)(2) [22-     Cruelty to children 2nd degree............  3 years..........  2 years.
     901].
    22-1322(d) [22-1122]......  Inciting riot (with injury)...............  3 years..........  2 years
    22-1403 [22-1303].........  False personation.........................  3 years..........  2 years.
    22-1404 [22-1304].........  Impersonating a public official...........  3 years..........  1 year.
    22-1510 [22-1410].........  Bad checks $100 or more...................  3 years..........  1 year.
    22-1701 [22-1501].........  Illegal lottery...........................  3 years..........  1 year.
    22-1704 [22-1504].........  Gaming....................................  3 years..........  2 years.
    22-1710, 1711 [22-1510,     Bucketing: 2nd+ offense...................  3 years..........  2 years.
     1511].
    22-1713(a) [22-1513]......  Corrupt influence: Athletics..............  3 years..........  2 years.
    22-1803 [22-103]..........  Attempted crime of violence...............  3 years..........  2 years.
    22-1804 [22-104]..........  Second conviction
                                One prior conviction......................
                                If the underlying offense is punishable by  5 years..........  5 years.
                                 life imprisonment.
                                If the underlying offense is punishable by  5 years..........  3 years.
                                 16\2/3\ years or more.
                                If the underlying offense is punishable by  3 years..........  2 years.
                                 3\1/3\ years or more but less than 16\2/
                                 3\ years.
                                If underlying offense is punishable by      3 years..........  1 years.
                                 less than 3\1/3\ years.
                                Two or more prior convictions.............
                                If the underlying offense is punishable by  5 years..........  5 years.
                                 life imprisonment.
                                If the underlying offense is punishable by  5 years..........  3 years.
                                 8\1/3\ years or more.
                                If the underlying offense is punishable by  3 years..........  2 years.
                                 1\2/3\ years or more but less than 8\1/3\
                                 years.
                                If underlying offense is punishable by      3 years..........  1 year.
                                 less than 1\2/3\ years.
    22-1804a(a)(1) [22-104a]..  Three strikes for felonies *..............  5 years..........  5 years.
    22-1804a(a)(2) [22-104a]..  Three strikes for violent felonies *......  5 years..........  5 years.
    22-1805 [22-105]..........  Aiding or abetting........................  same as for the    same as for the
                                                                             offense aided or   offense aided or
                                                                             abetted.           abetted
    22-1805a(a) [22-105a].....  Conspiracy................................  3 years..........  2 years.
                                If underlying offense is punishable by      3 years..........  1 year.
                                 less than 5 years.
    22-1806 [22-106]..........  Accessory after the fact
                                If the underlying offense is punishable by  3 years..........  2 years.
                                 10 years or more.
                                If the underlying offense is punishable by  3 years..........  1 year.
                                 more than 2 years but less than 10 years.
    22-1807 [22-107]..........  Offenses not covered by D.C. Code.........  3 years..........  2 years.
    22-1810 [22-2307].........  Threats (felony)..........................  3 years..........  2 years.
    22-1901...................  Incest....................................  3 years (10 years  2 years.
                                                                             if SOR).
    22-2001 [22-2101].........  Kidnapping *..............................  5 years..........  5 years.
    22-2201, 4502 [22-2101,     Kidnapping: armed *.......................  5 years..........  5 years.
     3202].
    22-2101, 2104 [22-2401,     Murder 1st degree *.......................  5 years..........  5 years.
     2404].
    22-2101, 2104, 4502 [22-    Murder 1st degree while armed *...........  5 years..........  5 years.
     2401, 2404, 3202].
    22-2102, 2104 [22-2402,     Murder 1st degree: obstruction of railway   5 years..........  5 years.
     2404].                      *.
    22-2103, 2104 [22-2403,     Murder 2nd degree *.......................  5 years..........  5 years.
     2404].
    22-2103, 2104, 4502 [22-    Murder 2nd degree while armed *...........  5 years..........  5 years.
     2403, 2404, 3202].
    22-2105 [22-2405].........  Manslaughter..............................  5 years..........  3 years.
    22-2105, 4502 [22-2405,     Manslaughter: armed *.....................  5 years..........  5 years.
     3202].
    22-2201(e) [22-2001]......  Obscenity: 2nd+ offense...................  3 years (10 years  1 year.
                                                                             if SOR).
    22-2402(b) [22-2511]......  Perjury...................................  3 years..........  2 years.
    22-2403 [22-2512].........  Subornation of perjury....................  3 years..........  2 years.
    22-2404(b) [22-2413]......  False swearing............................  3 years..........  1 year.
    22-2501 [22-3601].........  Possessing implements of crime 2nd+         3 years..........  2 years.
                                 offense.
    22-2601(b)................  Escape....................................  3 years..........  2 years.
    22-2603...................  Introducing contraband into prison........  3 years..........  2 years.
    22-2704...................  Child prostitution: abducting or harboring  3 years (10 years  2 years.
                                                                             if SOR).
    22-2705 to 2712...........  Prostitution: arranging and related         3 years (10 years  2 years.
                                 offenses.                                   if child victim
                                                                             and SOR).
    22-2801 [22-2901].........  Robbery...................................  3 years..........  2 years.

[[Page 41711]]

 
    22-2801, 4502 [22-2901,     Robbery: armed *..........................  5 years..........  5 years.
     3202].
    22-2802 [22-2902].........  Robbery: attempted........................  3 years..........  1 year.
    22-2802, 4502 [22-2902,     Robbery: attempted while armed *..........  5 years..........  5 years.
     3202].
    22-2803(a) [22-2903]......  Carjacking................................  3 years..........  2 years.
    22-2803(b) [22-2903]......  Carjacking: armed *.......................  5 years..........  5 years.
    22-3002 [22-4102].........  Sex abuse 1st degree *....................  5 years (life if   5 years.
                                                                             SOR).
    22-3002, 4502 [22-4102,     Sex abuse 1st degree while armed *........  5 years (life if   5 years.
     3202].                                                                  SOR).
    22-3003 [22-4103].........  Sex abuse 2nd degree......................  3 years (life if   2 years.
                                                                             SOR).
    22-3003, 4502 [22-4103,     Sex abuse 2nd degree while armed *........  5 years (life if   5 years.
     3202].                                                                  SOR).
    22-3004 [22-4104].........  Sex abuse 3rd degree......................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3005 [22-4105..........  Sex abuse 4th degree......................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3008 [22-4108].........  Child sex abuse 1st degree *..............  5 years (life if   5 years.
                                                                             SOR).
    22-3008, 3020 [22-4108,     Child sex abuse 1st degree with             5 years (life if   5 years.
     4120].                      aggravating circumstances *.                SOR).
    22-3008, 4502 [22-4108,     Child sex abuse 1st degree while armed *..  5 years (10 years  5 years.
     3202].                                                                  if SOR).
    22-3009 [22-4109].........  Child sex abuse 2nd degree................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3009, 4502 [22-4109,     Child sex abuse 2nd degree while armed *..  5 years (10 years  5 years.
     3202].                                                                  if SOR).
    22-3010 [22-4110].........  Enticing a child..........................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3013 [22-4113].........  Sex abuse ward 1st degree.................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3014 [22-4114].........  Sex abuse ward 2nd degree.................  3 years (10 years  2 years.
                                                                             if SOR).
    22-3015 [22-4115].........  Sex abuse patient 1st degree..............  3 years (10 years  2 years.
                                                                             if SOR).
    22-3016 [22-4116].........  Sex abuse patient 2nd degree..............  3 years (10 years  2 years.
                                                                             if SOR).
    22-3018 [22-4118].........  Sex abuse: attempted 1st degree/child sex   3 years (life if   2 years.
                                 abuse 1st degree.                           SOR).
    22-3018 [22-4118].........  Sex abuse: other attempts
                                If offense attempted is punishable by 10    3 years (life if   2 years.
                                 years or more.                              SOR).
                                If the offense attempted is punishable by   3 years (life if   1 year.
                                 more than 2 years but less than 10 years.   SOR).
    22-3020 [22-4120].........  Sex abuse 1st degree/child sex abuse 1st    5 years (life if   5 years.
                                 degree, with aggravating circumstances.     SOR).
    22-3020 [22-4120].........  Sex abuse: other offenses with aggravating
                                 circumstances.
                                If the underlying offense is punishable by  5 years (10 years  5 years.
                                 life imprisonment.                          if SOR).
                                If the underlying offense is punishable by  5 years (10 years  3 years.
                                 16\2/3\ years or more.                      if SOR).
                                If the underlying offense is punishable by  3 years (10 years  2 years.
                                 3\1/3\ years or more but less than 16\2/    if SOR).
                                 3\ years.
                                If underlying offense is punishable by      3 years (10 years  1 year.
                                 less than 3\1/3\ years.                     if SOR).
    22-3102, 3103 [22-2012,     Sex performance with minors...............  3 years (10 years  2 years.
     2013.                                                                   if SOR).
    22-3153...................  Terrorism--Act of Murder 1st degree.......  5 years..........  5 years.
                                Murder of law enforcement officer or        5 years..........  5 years.
                                 public safety employee.
                                Murder 2nd degree.........................  5 years..........  5 years.
                                Manslaughter..............................  5 years..........  5 years.
                                Kidnapping................................  5 years..........  5 years.
                                Assault with intent to kill...............  5 years..........  3 years.
                                Mayhem/malicious disfigurement............  3 years..........  2 years.
                                Arson.....................................  3 years..........  2 years.
                                Malicious destruction of property.........  3 years..........  2 years.
                                Attempt/conspiracy to commit first degree   5 years..........  3 years.
                                 murder, murder of law enforcement
                                 officer, second degree murder,
                                 manslaughter, kidnapping.
                                Attempt/conspiracy to commit assault with   3 years..........  2 years.
                                 intent to kill.
                                Attempt/conspiracy to commit mayhem,        3 years..........  2 years.
                                 malicious disfigurement, arson, malicious
                                 destruction of property.
                                Providing or soliciting material support    3 years..........  2 years.
                                 for act of terrorism.

[[Page 41712]]

 
    22-3153, 22-4502 [22-3202]  Commiting any of the above acts of          5 years..........  5 years.
                                 terrorism while armed *.
    22-3154...................  Manufacture/possession of weapon of mass    5 years..........  5 years.
                                 destruction.
                                Attempt/conspiracy to possess or            5 years..........  3 years.
                                 manufacture weapon of mass destruction.
    22-3155...................  Use, dissemination, or detonation of        5 years..........  5 years.
                                 weapon of mass destruction.
                                Attempt/conspiracy to use, disseminate, or  5 years..........  3 years.
                                 detonate weapon of mass destruction.
    22-3155, 22-4502 [22-3202]  Manufacture, possession, use or detonation  5 years..........  5 years.
                                 of weapon of mass destruction while armed
                                 or attempts to commit such crimes while
                                 armed *.
    22-3212 [22-3812].........  Theft 1st degree..........................  3 years..........  2 years.
    22-3214.03(d)(2) [22-       Deceptive labeling........................  3 years..........  2 years.
     3814.1].
    22-3215(d)(1) [22-3815]...  Vehicle: Unlawful use of (private)........  3 years..........  2 years.
    22-3215(d)(2) [22-3815]...  Vehicle: Unlawful use of (rental).........  3 years..........  1 year.
    22-3221(a), 3222(a) [22-    Fraud 1st degree $250 or more.............  3 years..........  2 years.
     3821, 3822].
    22-3221(b), 3222(b) [22-    Fraud 2nd degree $250 or more.............  3 years..........  1 year.
     3821, 3822].
    22-3223(d)(1) [22-3823]...  Fraud: credit card $250 or more...........  3 years..........  2 years.
    22-3225.02, 3225.04(a) [22- Fraud: insurance 1st degree...............  3 years..........  2 years.
     3825.2, 3825.4].
    22-3225.03, 3225.04(b) [22- Fraud: insurance 2nd degree...............  3 years..........  2 years.
     3825.3, 3825.4].
    22-3231(d) [22-3831]......  Stolen Property: trafficking in...........  3 years..........  2 years.
    22-3232(c)(1) [22-3832]...  Stolen property: receiving ($250 or more).  3 years..........  2 years.
    22-3241, 3242 [22-3841,     Forgery:                                                       .................
     3842].                     Legal tender, public record, etc..........  3 years..........  2 years.
                                Token, prescription.......................  3 years..........  2 years.
                                Other.....................................  3 years..........  1 years.
    22-3251(b) [22-3851]......  Extortion.................................  3 years..........  2 years.
    22-3251(b), 3252(b), 4502   Extortion while armed or blackmail with     5 years..........  5 years.
     [22-3851, 3852, 3202].      threats of violence *.
    22-3252(b) [22-3852]......  Blackmail.................................  3 years..........  2 years.
    22-3303 [22-3103].........  Grave robbing.............................  3 years..........  1 year.
    22-3305 [22-3105].........  Destruction of property by explosives.....  3 years..........  2 years.
    22-3318 [22-3318].........  Water pollution (malicious)...............  3 years..........  1 year.
    22-3319 [22-3119].........  Obstructing railways......................  3 years..........  2 years.
    22-3601 [22-3901].........  Senior citizen victim of robbery,
                                 attempted robbery, theft, attempted
                                 theft, extortion, and fraud.
                                If the underlying offense is punishable by  5 years..........  5 years.
                                 life imprisonment.
                                If the underlying offense is punishable by  5 years..........  3 years.
                                 16\2/3\ years or more.
                                If the underlying offense is punishable by  3 years..........  2 years.
                                 3\1/3\ years or more but less than 16\2/
                                 3\ years.
                                If the underlying offense is punishable by  3 years..........  1 year.
                                 less than 3\1/3\ years.
    22-3602 [22-3902].........  Citizen patrol victim of various violent
                                 offenses.
                                If the underlying offense is punishable by  5 years..........  5 years.
                                 life imprisonment.
                                If the underlying offense is punishable by  5 years..........  3 years.
                                 16\2/3\ years or more.
                                If the underlying offense is punishable by  3 years..........  2 years.
                                 3\1/3\ years or more but less than 16\2/
                                 3\ years.
                                If the underlying offense is punishable by  3 years..........  1 year.
                                 less than 3\1/3\ years.
    22-3703 [22-4003].........  Bias-related crime
                                If underlying offense is punishable by      5 years..........  5 years.
                                 life imprisonment.
                                If underlying offense is punishable by      5 years..........  3 years.
                                 16\2/3\ years.
                                If underlying offense is punishable by      3 years..........  2 years.
                                 more than or equal to 3\1/3\ years but
                                 less than 16\2/3\ years.
                                If underlying offense is punishable by      3 years..........  1 year.
                                 less than 3\1/3\ years.
    22-4015 [24-2235].........  Sex offender, failure to register (2nd      3 years..........  2 years.
                                 offense).
    22-4502 [22-3202].........  Violent crimes: committing or attempting    5 years..........  5 years.
                                 to commit while armed.
    22-4502.01 [22-3202.1]....  Gun-free zone violations
                                If underlying offense is a violation of 22- 3 years..........  2 years.
                                 4504.
                                If underlying offense is a violation of 22- 5 years..........  3 years.
                                 4504(b) (possession of firearm while
                                 committing crime of violence or dangerous
                                 crime).
    22-4503 [22-3203].........  Pistol: unlawful possession by a felon,     3 years..........  2 years.
                                 etc. 2nd+ offense.

[[Page 41713]]

 
    22-4504(a)(1)-(2) [22-      Pistol: carrying without a license........  3 years..........  2 years.
     3204].
    22-4504(b) [22-3204]......  Firearm: possession while committing crime  3 years..........  2 years.
                                 of violence or dangerous crime.
    22-4514 [22-3214].........  Prohibited weapon: possession of 2nd+       3 years..........  2 years.
                                 offense.
    22-4515a [22-3215a].......  Molotov cocktails--1st or 2nd offense.....  3 years..........  2 years.
                                3rd offense...............................  5 years..........  5 years.
Title 23
    23-1327(a)(1).............  Bail Reform Act...........................  3 years..........  2 years.
    23-1328(a)(1).............  Committing a felony on release............  3 years..........  2 years.
Title 48
    48-904.01(a)-(b) [33-541].  Drugs: distribute or possess with intent
                                 to distribute
                                If schedule I or II narcotics or abusive    5 years..........  3 years.
                                 drugs (e.g., heroin, cocaine, PCP,
                                 methamphetamine).
                                If schedule I or II drugs other than above  3 years..........  2 years.
                                 (e.g., marijuana/hashish), or schedule
                                 III drugs.
                                If schedule IV drugs......................  3 years..........  1 year.
    48-904.01, 22-4502 [33-     Drugs: distribute or possess with intent    5 years..........  5 years.
     541, 22-3202].              to distribute while armed*.
    48-904.03 [33-543]........  Drugs: acquiring by fraud.................  3 years..........  1 year.
  48-904.03a [33-543a]........  Drugs: maintaining place for manufacture    5 years..........  3 years.
                                 or distribution.
    48-904.06 [33-546]........  Drugs: distribution to minors
                                If a schedule I or II narcotic drug (e.g.,  5 years..........  3 years.
                                 heroin or cocaine) or PCP.
                                If schedule I or II drugs other than above  3 years..........  2 years.
                                 (e.g., marijuana, hashish,
                                 methamphetamine), or schedule III or IV
                                 drugs.
                                If schedule V drugs.......................  3 years..........  1 year.
    48-904.07 [33-547]........  Drugs: enlisting minors to sell...........  3 years..........  2 years.
    48-904.07a [33-547.1].....  Drugs: distribute or possess with intent
                                 to distribute in drug-free zones.
                                If schedule I or II narcotics or abusive    5 years..........  3 years.
                                 drugs (e.g., heroin, cocaine,
                                 methamphetamine, or PCP).
                                If schedule I or II drugs other than above  3 years..........  2 years.
                                 (e.g., marijuana, hashish), or schedule
                                 III or IV drugs.
                                If schedule V drugs.......................  3 years..........  1 year.
    48-904.08 [33-548]........  Drugs: 2nd+ offense
        Note: This section      If schedule I or II narcotics or abusive    5 years..........  3 years.
         does not apply if the   drugs (e.g., heroin, cocaine,
         offender was            methamphetamine, or PCP).
         sentenced under 48-
         904.06.
                                If schedule I or II drugs other than above  3 years..........  2 years.
                                 (e.g., marijuana, hashish), or schedule
                                 III or IV drugs.
                                If schedule V drugs.......................  3 years..........  1 year.
    48-904.09 [33-549]........  Drugs: attempt/conspiracy.................  the same as for    the same as for
                                                                             the offense that   the offense that
                                                                             was the object     was the object
                                                                             of the attempt     of the attempt
                                                                             or conspiracy.     or conspiracy.
    48-1103(b) [33-603].......  Drugs: possession of drug paraphernalia     3 years..........  1 year.
                                 with intent to deliver or sell (2nd +
                                 offense).
    48-1103(c) [33-603].......  Drugs: delivering drug paraphernalia to a   3 years..........  2 years.
                                 minor.
Title 50
    50-2203.01 [40-713].......  Negligent homicide (vehicular)............  3 years..........  2 years.
    50-2207.01 [40-718].......  Smoke screens.............................  3 years..........  2 years.
----------------------------------------------------------------------------------------------------------------


    Notes: (1) An asterisk next to the offense description indicates 
that the offense is statutorily designated as a Class A felony.
    (2) If the defendant must register as a sex offender, the 
Original Maximum Authorized Term of Supervised Release is the 
maximum period for which the offender may be required to register as 
a sex offender under D.C. Code 22-4002(a) and (b) (ten years or 
life). See D.C. Code 24-403.01(b)(4). Sex offender registration is 
required for crimes such as first degree sexual abuse, and these 
crimes are listed in this table with the notation ``10 years if 
SOR'' or ``life if SOR'' as the Original Maximum Authorized Term of 
Supervised Release. Sex offender registration, however, may also be 
required for numerous crimes (such as burglary or murder) if a 
sexual act or contact was involved or was the offender's purpose. In 
such cases, the offender's status will be determined by the presence 
of an order from the sentencing judge certifying that the defendant 
is a sex offender.
    (3) If the defendant committed the offense before 5 p.m., August 
11, 2000, the maximum authorized terms of imprisonment and 
supervised release shall be determined by reference to 18 U.S.C. 
3583.

    (d) Imprisonment; successive revocations. (1) When the Commission 
revokes a term of supervised release that was imposed by the Commission 
after a previous revocation of supervised release, the maximum 
authorized term of imprisonment is the maximum term of imprisonment 
permitted by paragraph (a) of this section, less the term or terms of 
imprisonment that were previously imposed by the Commission. In 
calculating such previously-imposed term or terms of imprisonment, the

[[Page 41714]]

Commission shall use the term as imposed without deducting any good 
time credits that may have been earned by the offender prior to his 
release from prison. In no case shall the total of successive terms of 
imprisonment imposed by the Commission exceed the maximum authorized 
term of imprisonment at the first revocation.
    (2) For example, if the maximum authorized term of imprisonment at 
the first revocation is three years and the original maximum authorized 
term of supervised release is five years, the Commission at the first 
revocation may have imposed a one-year term of imprisonment and a 
further four-year term of supervised release. At the second revocation, 
the maximum authorized term of imprisonment will be two years, i.e., 
the maximum authorized term of imprisonment at the first revocation 
(three years) minus the one-year term of imprisonment that was imposed 
at the first revocation.
    (e) Further term of supervised release; successive revocations. (1) 
When the Commission revokes a term of supervised release that was 
imposed by the Commission following a previous revocation of supervised 
release, the Commission may also impose a further term of supervised 
release. The maximum authorized length of such a term of supervised 
release shall be the original maximum authorized term of supervised 
release permitted by paragraph (b) of this section, less the total of 
the terms of imprisonment imposed by the Commission on the same 
sentence (including the term of imprisonment imposed in the current 
revocation).
    (2) For example, if the maximum authorized term of imprisonment at 
the first revocation is three years and the original maximum authorized 
term of supervised release is five years, the Commission at the first 
revocation may have imposed a one-year term of imprisonment and a four-
year further term of supervised release. If, at a second revocation, 
the Commission imposes another one-year term of imprisonment, the 
maximum authorized further term of supervised release will be three 
years (the original five-year period minus the total of two years of 
imprisonment).
    (f) Effect of sentencing court imposing less than the original 
maximum authorized term of supervised release. If the Commission has 
revoked supervised release, the maximum authorized period of further 
supervised release is determined by reference to the original maximum 
authorized term permitted for the offense of conviction (see paragraph 
(b) of this section), even if the sentencing court did not impose the 
original maximum authorized term permitted for the offense of 
conviction.


Sec.  2.220  Appeal.

    A supervised releasee may appeal to the Commission a decision to 
revoke supervised release, impose a term of imprisonment, or impose a 
new term of supervised release after revocation. The provisions of 
Sec.  2.26 on the time limits for filing and deciding the appeal, the 
grounds for appeal, the format of the appeal, the limits regarding the 
submission of exhibits, and voting requirements apply to an appeal 
submitted under this section.

    Dated: June 30, 2003.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 03-17176 Filed 7-14-03; 8:45 am]
BILLING CODE 4410-31-P