[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5273-5274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2105]


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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: During 2004 the Parole Commission will carry out a pilot 
project to study the feasibility of conducting parole release hearings 
through video conferences between an examiner at the Commission's 
office and prisoners at selected Bureau of Prisons's institutions. In 
order to provide notice of this project, the Commission is promulgating 
an interim rule that provides that a parole release hearing may be 
conducted through a video conference with the prisoner. The Commission 
is also promulgating several conforming rule changes, including an 
amendment to the rule at 28 CFR 2.72 that eliminates the provision that 
an initial hearing for a District of Columbia offender is conducted 
``in person'' before a Commission hearing examiner.

DATES: Effective date: March 5, 2004. Comments must be received by May 
4, 2004.

ADDRESSES: Send comments to Office of General Counsel, U.S. Parole 
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.

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: The Parole Commission's hearing examiners 
travel to more than 60 locations of Federal correctional facilities to 
conduct parole release and revocation hearings. As the number of 
parole-eligible prisoners drops in the Federal prison system, the 
Commission is expending considerable resources in conducting hearings 
for a small number of prisoners at facilities that are difficult to 
reach. Therefore, the Commission is looking for ways to reduce travel 
costs and conserve the time of its hearing examiners. Conducting some 
parole release hearings through video conferences may be one procedure 
that will enhance the Commission's ability to make the most efficient 
use of limited financial and staff resources without detracting from 
the prisoner's opportunity for a fair parole hearing. Video conference 
technology has improved considerably since the Commission last 
considered holding hearings by video conference, and the Commission 
expects that the prisoner's ability to effectively participate in the 
hearing will not be diminished by the use of this procedure.
    The Commission is undertaking a pilot project with the Federal 
Bureau of Prisons to conduct some parole release hearings through a 
video conference between a hearing examiner at the Commission's office 
in Chevy Chase, Maryland and the prisoner incarcerated in a Bureau 
facility. During 2004 the Commission intends to use 12 institutions for 
the project and expects that the number of hearings conducted under the 
project will not exceed 180 hearings, less than 10% of the parole 
release hearing caseload. The pilot project will only extend to parole 
release hearings (including rescission hearings) conducted in Bureau 
facilities. Under the project, the Commission will not use video 
conferencing for revocation hearings.
    The Commission is promulgating an interim rule on this subject to 
give notice of the pilot project and the variance from the agency's 
traditional hearing practice, and is providing an extended opportunity 
for the public to comment on the use of video conferencing for parole 
hearings. The interim rule is added at 28 CFR 2.25. For most cases 
under the Commission's jurisdiction, the Commission could proceed with 
the project without raising any question concerning compliance with the 
agency's current rules. But the present rule at 28 CFR 2.72(a), which 
states that the prisoner appear ``in person'' before a Commission 
hearing examiner, could be interpreted to require the physical presence 
of the prisoner before the hearing examiner in order to conduct an 
initial hearing for a D.C. Code offender. Therefore, the Commission is 
amending this rule to eliminate the provision for an ``in person'' 
appearance. A corresponding change is made to the rule at 2.75(d). The 
Commission is also amending a list of rules for U.S. Code offenders 
that are implemented for D.C. Code offenders to include the interim 
rule at Sec. 2.25.

Implementation

    The amended rule will take effect March 5, 2004, and will apply to 
parole determination hearings for Federal and District of Columbia 
offenders.

Executive Order 12866

    The U.S. Parole Commission has determined that this interim rule 
does not constitute a significant rule within the meaning of Executive 
Order 12866.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications requiring a Federalism 
Assessment.

Regulatory Flexibility Act

    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.

[[Page 5274]]

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local, or tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. No 
action under the Unfunded Mandates Reform Act of 1995 is necessary.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on the ability of United States-based companies to compete with 
foreign-based companies.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
Parole.

The Interim Rule

    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. Section 2.25 is added to read as follows:


Sec. 2.25  Hearings by video conference.

    Parole determination hearings, including rescission hearings, may 
be conducted by a video conference between the hearing examiner and the 
prisoner.


Sec. 2.72  [Amended]

0
3. Amend Sec. 2.72(a) as follows:
0
a. Remove the first sentence; and
0
b. Remove ``The'' from the beginning of the second sentence and add in 
its place ``At the initial hearing the''.


Sec. 2.75  [Amended]

0
4. Amend Sec. 2.75(d) by removing ``in-person'' from the second 
sentence.

0
5. Amend Sec. 2.89 by adding the following entry in numerical order to 
read as follows:


Sec. 2.89  Miscellaneous provisions.

* * * * *
    2.25 (Hearings by video conference)
* * * * *

    Dated: January 28, 2004.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 04-2105 Filed 2-3-04; 8:45 am]
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