[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Proposed Rules]
[Pages 76619-76623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21772]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 571 and 572

[BOP-1120-P]
RIN 1120-AB10


Reduction in Sentence for Medical Reasons

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Prisons (Bureau) is revising its regulations on 
procedures for reductions in sentence (RIS) for medical reasons. 28 CFR 
Part 571, Subpart G, is currently entitled ``Compassionate Release 
(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A)(i) and 
4205(g)).'' We are revising these regulations to (1) more accurately 
reflect our authority under these statutes and our current policy, (2) 
clarify procedures for RIS consideration, and (3) describe procedures 
for RIS consideration of D.C. Code offenders, for whom the Bureau has 
responsibility under the National Capital Revitalization and Self-
Government Improvement Act of 1997 (D.C. Revitalization Act), D.C. 
Official Code Sec.  24-101(b). The new Subpart G will be entitled 
``Reduction in Sentence for Medical Reasons.''

DATES: Comments due by February 20, 2007.

ADDRESSES: Regulations Unit, Office of General Counsel, Bureau of 
Prisons, 320 First Street, NW., Washington, DC 20534. Our e-mail 
address is [email protected].

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 353-8248.

SUPPLEMENTARY INFORMATION: The Bureau is revising its regulations on 
procedures for reductions in sentence (RIS) for medical reasons. 28 CFR 
Part 571, Subpart G, is currently entitled ``Compassionate Release 
(Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 
4205(g)).''
    Title 18 of the United States Code, section 3582(c)(1)(A)(i) states 
that a court, on motion of the Director of the Bureau, may reduce a 
term of imprisonment if ``extraordinary and compelling reasons warrant 
such a reduction.'' Based on the Bureau's experience in implementing 
this statute and resultant policy decisions, we clarify through these 
proposed regulations the specific criteria that the Bureau will 
consider for a RIS.
    It is important to note we do not intend this regulation to change 
the number of RIS cases recommended by the Bureau to sentencing courts. 
It is merely a clarification that we will only consider inmates with 
extraordinary and compelling medical conditions for RIS, and not 
inmates in other, non-medical situations which may be characterized as 
``hardships,'' such as a family member's medical problems, economic 
difficulties, or the inmate's claim of an unjust sentence.
    In this regulation, we explain that an inmate may be a candidate 
for RIS consideration if Bureau medical staff, or a Bureau-selected 
doctor consulting on his/her case, conclude with reasonable medical 
certainty that the inmate has one of the following two conditions:
     A terminal illness with a life expectancy of one year or 
less; or
     A profoundly debilitating medical condition that:
    (1) May be physical or cognitive in nature;
    (2) is irreversible and cannot be remedied through medication or 
other measures; and
    (3) has eliminated or severely limited the inmate's ability to 
attend to fundamental bodily functions and personal care needs without 
substantial assistance from others, including personal hygiene and 
toilet functions, basic nutrition, medical care, and physical safety.
    If an inmate has such a medical condition, we will not 
automatically give that inmate a RIS recommendation. Instead, as is our 
current practice, we will carefully consider whether the inmate is a 
danger to society, and other relevant considerations which focus on 
potential risks to public safety and the nature of the offense, before 
recommending a RIS. These considerations may include but are not 
limited to: Potential impact on victims or witnesses, criminal history, 
inmate's age and length of sentence, and the previous existence of the 
medical condition.

Section-by-Section Explanation

Subpart G--New Title

    Previously, this subpart was entitled ``Compassionate Release.'' We 
are changing the title of subpart G to read ``Reduction in Sentence for 
Medical Reasons.'' The Bureau has received letters and Administrative 
Remedy appeals from inmates who mistakenly believe that we will 
consider circumstances other than the inmate's medical condition for 
reducing a sentence. Such is not the Bureau's practice. We believe this 
title more accurately describes our criteria and procedures.

Section 571.60 Purpose

    In this section, we state that the purpose of this part is to 
describe the procedures used to assess whether an inmate in Bureau 
custody is appropriate for a reduction in sentence.

Section 571.61 Legal Authority for Reducing the Term of Imprisonment of 
an Inmate Requesting a Reduction in Sentence

    This section describes the statutes that allow the Director to make 
a motion to the sentencing court requesting a RIS. In addition to 
previous authority, 18 U.S.C. 3582(c)(1)(A)(i) and 4205(g), we added 
the District of Columbia (D.C.) Code Sec.  24-101, Sec. Sec.  24-461 
through 24-465, Sec.  24-467, and Sec.  24-468.
    Under the D.C. Revitalization Act, enacted August 5, 1997, the 
Bureau is responsible for the care and custody of ``the felony 
population sentenced pursuant to the District of Columbia Official 
Code'' (D.C. Code offenders). (D.C. Official Code Sec.  24-101(b)). 
D.C. Code offenders in Bureau custody are subject to Federal laws and 
Bureau regulations as long as they are ``consistent with the sentence 
imposed.''
    Under the D.C. Revitalization Act, we must follow the D.C. Code 
when reviewing a RIS for D.C. Code offenders in Bureau custody. We 
therefore add the relevant D.C. Code provisions to this regulation.

Section 571.62 Medical Conditions Considered for a Reduction in 
Sentence

    In this section, we clarify what extraordinary and compelling 
circumstances may warrant a RIS. We explain that an inmate may be a 
candidate for RIS consideration if

[[Page 76620]]

Bureau medical staff, or a Bureau-selected doctor consulting on his/her 
case, conclude with reasonable medical certainty that the inmate 
suffers from a terminal illness with a life expectancy of one year or 
less, or a profoundly debilitating medical condition that may be 
physical or cognitive in nature, is irreversible and cannot be remedied 
through medication or other measures, and has eliminated or severely 
limited the inmate's ability to attend to fundamental bodily functions 
and personal care needs without substantial assistance from others 
(including personal hygiene and toilet functions, basic nutrition, 
medical care, and physical safety).
    In each of these conditions, inmates may be unable to care for 
themselves. We may find that such inmates are not likely to pose a 
danger to the public or the community if released. We may find that 
issues of confinement, punishment, and rehabilitation may no longer be 
principal considerations. These types of conditions, viewed in 
totality, may be extraordinary and compelling circumstances warranting 
a RIS.

Section 571.63 How To Request a Reduction in Sentence

    This section instructs inmates to request a RIS in writing at the 
institution. This does not change any previous substantive 
requirements. We currently have this requirement in 28 CFR 571.61(a).
    This section also explains what the RIS request should include. 
This does not change any previous substantive requirements, which are 
currently in 28 CFR 571.61(a)(1) and (2).

Section 571.64 Submitting a Request for a Reduction in Sentence on 
Behalf of an Inmate Who Is Too Ill To Make a Request in Writing

    This section allows inmates who are too ill to make written 
requests to make their requests verbally to staff or to have someone 
else make a request on their behalf. We intend this regulation to be 
more permissive, and allow more ways for ill inmates to make this 
request.

Section 571.65 Bureau Review of a Request for a Reduction in Sentence

    This section simply explains that Bureau medical staff or a Bureau-
selected doctor consulting on an inmate's case at the institution must 
first conclude that an inmate has a medical condition as described in 
Sec.  571.62. If an inmate is medically eligible for RIS consideration 
under Sec.  571.62, Bureau staff at the institution must then determine 
that the inmate will not pose a danger to society. If both these 
threshold requirements are met, staff will then carefully assess other 
relevant factors before determining that a RIS is appropriate in the 
inmate's case. In assessing other relevant factors, Bureau staff will 
be guided by national Bureau policy statements on this subject.
    This section also explains that staff at the institution, the 
Warden, the Regional Office, and the Central Office of the Bureau all 
review inmate RIS requests. This is merely a codification of currently 
existing practice, and will notify inmates and the public that a RIS 
request is reviewed by all three levels of the Bureau before approval.

Section 571.66 Director's Determination That a Reduction in Sentence Is 
Appropriate

    This section explains that, if the Director determines that a RIS 
is appropriate, he/she will ask the United States Attorney's Office in 
the district where the inmate was sentenced to submit the Director's 
motion to the sentencing court on the Bureau's behalf. A RIS can only 
occur if the court grants the motion under 18 U.S.C. 3582(c)(1)(A)(i) 
or Sec.  4205(g). If the court grants a motion under Sec.  4205(g), 
release also depends on a decision by the Parole Commission to grant 
parole. This does not change any previous substantive language.
    For D.C. Code offenders, a RIS can only occur if the United States 
Parole Commission grants medical or geriatric parole under D.C. 
Official Code Sec. Sec.  24-463 through 24-465 to inmates in Bureau 
custody for offenses that were committed before August 5, 2000, or the 
court grants a motion under D.C. Official Code Sec.  24-468 for inmates 
in Bureau custody for offenses that were committed on or after August 
5, 2000.

Section 571.67 Denial of a Request for a Reduction in Sentence

    This section explains how the Warden, Regional Director, and 
General Counsel will notify inmates if they deny a RIS request and how 
inmates may appeal that decision. This does not change any previous 
substantive language. We currently have similar language in 28 CFR 
571.63(a)(4).
    We note that D.C. Code offenders, as described below, may appeal 
RIS decisions or any other Bureau action or inaction through the 
Bureau's Administrative Remedy Program.

Sections 571.68-571.74 D.C. Code Offenders

    We add these sections to comply with the D.C. Revitalization Act. 
The D.C. Revitalization Act makes the Bureau responsible for ``the 
felony population sentenced pursuant to the District of Columbia Code'' 
(D.C. Code offenders). (D.C. Official Code Sec.  24-101(b)) D.C. Code 
offenders in Bureau custody are subject to Federal laws and Bureau 
regulations as long as they are ``consistent with the sentence 
imposed.''
    The D.C. Code contains specific provisions that govern D.C. Code 
sentences regarding RIS based on medical reasons. Because the Bureau is 
now responsible for the custody of D.C. Code felony offenders, we add 
regulations stating the eligibility requirements that D.C. Code 
offenders in Bureau custody must meet to be considered for RIS. The 
process described in Sec. Sec.  571.62 through 571.67 will otherwise be 
followed.

Section 571.68 Eligibility of D.C. Code Offenders With Indeterminate 
(Parolable) Sentences for Reduction in Sentence

    In this section, we describe the ways in which D.C. Code offenders 
who committed a felony before August 5, 2000, and were sentenced to an 
indeterminate (parolable) sentence, might be eligible for a reduction 
in sentence, which is described in the D.C. Code as ``medical parole'' 
and ``geriatric parole.'' This section also describes inmates who are 
excluded from RIS eligibility: D.C. Code offenders (1) whose physical 
or medical condition existed at the time of sentencing; or (2) who were 
convicted of first degree murder (D.C. Official Code Sec. Sec.  22-
2101, 2106), an armed crime of violence or dangerous crime (D.C. 
Official Code Sec.  22-4502), possession of a firearm while committing 
a crime of violence or dangerous crime (D.C. Official Code Sec.  22-
4504(b), or armed or unarmed carjacking (D.C. Official Code Sec.  22-
2803).

Section 571.69 Eligibility of D.C. Code Offenders With Determinate 
(Non-Parolable) Sentences for Reduction in Sentence

    In this section, we describe RIS eligibility for D.C. Code 
offenders who committed a felony on or after August 5, 2000, and were 
sentenced to terms of imprisonment not subject to parole. Such inmates 
may be eligible for a reduction in sentence if they: (1) meet the 
medical conditions described in Sec.  571.62, or (2) are 65 years of 
age or older, have a chronic infirmity, illness, or disease related to 
aging, and release under supervision would not endanger public safety. 
This section also describes inmates who are excluded from RIS 
eligibility: D.C. Code offenders (1) whose physical or medical 
condition

[[Page 76621]]

was known by the court at the time of sentencing; or (2) who are 
serving a term of imprisonment imposed pursuant to the District of 
Columbia Official Code Sec. Sec.  22-2803(c) (carjacking), or 22-
2104(b) (first degree murder).

Section 571.70 How To Request a Reduction in Sentence Under the D.C. 
Code

    Under this section, D.C. Code offenders with indeterminate 
(parolable) sentences may request a reduction in sentence either by 
following the procedures in Sec. Sec.  571.63 and 571.64, or by sending 
an application directly to the Parole Commission. D.C. Code offenders 
with determinate (non-parolable) sentences may request a reduction in 
sentence only by following the procedures in Sec. Sec.  571.63 and 
571.64.

Section 571.71 Evaluating a Request for RIS by a D.C. Code Offender

    This section makes it clear that the Bureau will use the same 
procedures to assess a D.C. Code offender's application for a reduction 
in sentence as it uses for federal offenders.

Section 571.72 Ineligibility for Reduction in Sentence

    Aside from provisions concerning D.C. Code offenders, this is not a 
substantive change from the current Sec.  571.64. An inmate is not 
eligible for a RIS if he/she is (a) a state prisoner housed in a Bureau 
facility, (b) a federal offender who committed an offense before 
November 1, 1987, and serving a non-parolable sentence, or (c) a 
military prisoner housed in a Bureau facility.

Section 572.40 Reduction in Sentence (RIS) Under 18 U.S.C. 4205(g)

    We make minor changes to this section to conform with changes to 
our regulations on RIS for medical reasons.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director, Bureau of Prisons has 
determined that this regulation is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this regulation has not been reviewed by the Office of Management and 
Budget.

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 distribution of power and responsibilities among the 
various levels of government. Therefore, under Executive Order 13132, 
we determine that this regulation does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it will not have a significant economic 
impact upon a substantial number of small entities for the following 
reasons: This regulation pertains to the correctional management of 
offenders committed to the custody of the Attorney General or the 
Director of the Bureau of Prisons, and its economic impact is limited 
to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This regulation will not result in the expenditure by State, local 
and tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This regulation is not a major rule as defined by Sec.  804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 
regulation 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 competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

List of Subjects

28 CFR Parts 571 and 572

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

    Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
propose to amend 28 CFR parts 571 and 572, chapter V, subchapter D, as 
follows.

Subchapter D--Community Programs and Release

PART 571--RELEASE FROM CUSTODY

    1. Revise the authority citation for 28 CFR part 571 to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984, as to offenses 
committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. 
Const., Art. II, Sec. 2; 28 CFR 1.1-1.10; D.C. Official Code Sec.  
24-101, Sec. Sec.  24-461--24-465, Sec.  24-467, and Sec.  24-468.

Subpart G--Compassionate Release (Procedures for the Implementation 
of 18 U.S.C. 3582(c)(1)(A) and 4205(g))

    2. Revise subpart G of part 571 to read as follows:

Subpart G--Reduction in Sentence for Medical Reasons

Sec.
571.60 Purpose.
571.61 Legal authority for reducing the term of imprisonment of an 
inmate requesting a reduction in sentence.
571.62 Medical conditions considered for a reduction in sentence.
571.63 How to request a reduction in sentence.
571.64 Submitting a request for a reduction in sentence on behalf of 
an inmate who is too ill to make a request in writing.
571.65 Bureau review of a request for a reduction in sentence.
571.66 Director's determination that a reduction in sentence is 
appropriate.
571.67 Denial of a request for a reduction in sentence.
571.68 Eligibility of D.C. Code offenders with indeterminate 
(parolable) sentences for reduction in sentence.
571.69 Eligibility of D.C. Code offenders with determinate (non-
parolable) sentences for reduction in sentence.
571.70 How to request a reduction in sentence under the D.C. Code.
571.71 Evaluating a request for RIS by a D.C. Code Offender.
571.72 Ineligibility for reduction in sentence.


Sec.  571.60  Purpose.

    The purpose of this subpart is to describe the criteria and 
procedures used to assess whether an inmate in Bureau of Prisons 
(Bureau) custody is appropriate for a reduction in sentence.


Sec.  571.61  Legal authority for reducing the term of imprisonment of 
an inmate requesting a reduction in sentence.

    (a) Pursuant to 18 U.S.C. 3582(c)(1)(A)(i), the Director of the

[[Page 76622]]

Bureau of Prisons is authorized to file a motion in the sentencing 
court for a reduction in an inmate's sentence when the Director of the 
Bureau determines that extraordinary and compelling circumstances exist 
to warrant a reduction in sentence. The sentencing court may reduce the 
term of imprisonment on the Director's motion, and the inmate becomes 
immediately eligible for release.
    (b) 18 U.S.C. 4205(g)(Repealed as to offenses committed on or after 
November 1, 1987) provides that the court, on the Director's motion, 
may make an inmate serving a parolable sentence immediately eligible 
for parole consideration.
    (c) The District of Columbia Official Code (D.C. Official Code) 
Sec.  24-101, Sec. Sec.  24-461--24-465, Sec.  24-467, and Sec.  24-
468, collectively authorize the Bureau to determine whether a RIS may 
be warranted for D.C. Code offenders in Bureau custody.


Sec.  571.62  Medical conditions considered for a reduction in 
sentence.

    An inmate may be considered for a RIS if Bureau medical staff, or a 
Bureau-selected doctor consulting on his/her case, conclude with 
reasonable medical certainty that the inmate suffers from:
    (a) A terminal illness with a life expectancy of one year or less; 
or
    (b) A profoundly debilitating medical condition that:
    (1) May be physical or cognitive in nature;
    (2) Is irreversible and cannot be remedied through medication or 
other measures; and
    (3) Has eliminated or severely limited the inmate's ability to 
attend to fundamental bodily functions and personal care needs without 
substantial assistance from others, including personal hygiene and 
toilet functions, basic nutrition, medical care, and physical safety.


Sec.  571.63  How to request a reduction in sentence.

    (a) You may request a reduction in sentence (RIS) in writing at 
your institution.
    (b) The RIS request should include:
    (1) A statement explaining the medical condition(s) that create the 
extraordinary or compelling circumstances for a RIS; and
    (2) A proposed release plan, including information about where you 
will live, receive medical treatment, and how you will support yourself 
and pay for medical care.


Sec.  571.64  Submitting a request for a reduction in sentence on 
behalf of an inmate who is too ill to make a request in writing.

    If an inmate is too ill to make a request in writing, that inmate 
may make the request verbally to Bureau staff, or someone else may 
submit a written request for that inmate.


Sec.  571.65  Bureau review of a request for a reduction in sentence.

    (a) Institution staff review.
    (1) Bureau medical staff at the institution level must first 
conclude that you have a qualifying medical condition as described in 
Sec.  571.62 or, for D.C. Code offenders who committed a felony before 
August 5, 2000, as described in Sec.  571.68.
    (2) If you are medically eligible for RIS consideration, Bureau 
staff at the institution level will carefully assess the public safety 
concerns and the totality of the circumstances before determining that 
you are, in fact, appropriate for a RIS, including a review of the 
impact a RIS will have on any victims.
    (b) Warden review. If the Warden, after reviewing all the relevant 
documents, determines that a RIS is appropriate, the Warden sends a 
written recommendation to the Regional Director.
    (c) Regional Director review. If the Regional Director agrees, the 
Regional Director sends a written recommendation to the Office of 
General Counsel.
    (d) General Counsel review. The General Counsel will ascertain 
whether the United States Attorney's Office in the district in which 
you were sentenced agrees with the Regional Director's recommendation. 
If the General Counsel and the U.S. Attorney's Office agree with the 
recommendation, the Director will then determine whether to request the 
U.S. Attorney's office to submit a RIS motion to the sentencing court 
on the Bureau's behalf.


Sec.  571.66  Director's determination that a reduction in sentence is 
appropriate.

    If the Director determines that your situation makes you 
appropriate for a RIS under 18 U.S.C. 3582(c)(1)(A)(i) or Sec.  
4205(g), or for D.C. Code offenders, D.C. Official Code Sec. Sec.  24-
461-465, 467-468, the Director will request the U.S. Attorney's Office 
in the district where you were sentenced to submit a RIS motion to the 
sentencing court on the Bureau's behalf. A RIS can only occur if the 
court grants the motion or if the Parole Commission grants the 
application for certain D.C. Code offenders. If the court grants a 
motion under Sec.  4205(g), release also depends on a decision by the 
Parole Commission to grant you parole.


Sec.  571.67  Denial of a request for a reduction in sentence.

    If the Warden, the Regional Director, or the Director determines 
that a RIS is not appropriate and denies your RIS request, you will 
receive a written notice stating the reason(s) for denial.
    (a) If the Warden or Regional Director denies the RIS request, you 
may appeal the denial through the Administrative Remedy Program (28 CFR 
part 542, subpart B).
    (b) If the Director denies the RIS request, you may not appeal the 
denial through the Administrative Remedy Program.


Sec.  571.68  Eligibility of D.C. Code offenders with indeterminate 
(parolable) sentences for reduction in sentence.

    (a) If you are a D.C. Code offender who committed a felony before 
August 5, 2000, and you were sentenced to an indeterminate (parolable) 
term of imprisonment, you may be eligible for:
    (1) Medical parole only if you are:
    (i) Terminally ill, which means that you have an incurable 
condition caused by illness or disease which would, within reasonable 
medical judgment, produce death within 6 months, and you do not 
constitute a danger to yourself or society; or
    (ii) Permanently incapacitated, which means that, by reason of an 
existing physical or medical condition which is not terminal, you are 
permanently and irreversibly physically incapacitated, and you do not 
constitute a danger to yourself or society; or
    (2) Geriatric parole, which means that you are age 65 or older, you 
suffer from a chronic infirmity, illness, or disease related to aging, 
and you pose a low risk to the community.
    (b) Exclusions. You are not eligible for medical or geriatric 
parole if:
    (1) The physical or medical condition existed at the time of 
sentencing, or
    (2) The conviction was for first degree murder (D.C. Official Code 
Sec. Sec.  22-2101, 2106), an armed crime of violence or dangerous 
crimes (D.C. Official Code Sec.  22-4502), possession of a firearm 
during the commission of a crime of violence or dangerous crime (D.C. 
Official Code Sec.  22-4504(b), or armed or unarmed carjacking (D.C. 
Official Code Sec.  22-2803).


Sec.  571.69  Eligibility of D.C. Code offenders with determinate (non-
parolable) sentences for reduction in sentence.

    (a) If you are a D.C. Code offender who committed a felony on or 
after August 5, 2000, and you were sentenced to a determinate (non-
parolable) term of

[[Page 76623]]

imprisonment, you may be eligible for a reduction in sentence if:
    (1) You meet the medical conditions described in Sec.  571.62; or
    (2) You are 65 years of age or older, have a chronic infirmity, 
illness, or disease related to aging, and releasing you under 
supervision would not endanger public safety.
    (b) Exclusions. You are not eligible for medical or geriatric 
parole if:
    (1) The physical or medical condition was known to the court at the 
time of sentencing, or
    (2) You are serving a term of imprisonment imposed pursuant to the 
District of Columbia Official Code Sec. Sec.  22-2803(c) (carjacking), 
or 22-2104(b) (first degree murder).


Sec.  571.70  How to request a reduction in sentence under the D.C. 
Code.

    (a) D.C. Code offenders with indeterminate (parolable) sentences 
may request a reduction in sentence either by following the procedures 
in Sec. Sec.  571.63 and 571.64, or by sending the request directly to 
the United States Parole Commission (USPC).
    (b) D.C. Code offenders with determinate (non-parolable) sentences 
may request a reduction in sentence only by following the procedures in 
Sec. Sec.  571.62 and 571.63.


Sec.  571.71.  Evaluating a request for RIS by a D.C. Code Offender.

    Other than applying different eligibility requirements (described 
in Sec.  571.69), in evaluating a RIS request by a D.C. Code offender 
who committed a felony before August 5, 2000, the Bureau will follow 
the same criteria and procedures set forth for federal prisoners in 
Sec. Sec.  571.62 through 571.67.


Sec.  571.72  Ineligibility for reduction in sentence.

    You are NOT eligible for a reduction in sentence if you are:
    (a) A state prisoner housed in a Bureau facility; or
    (b) A federal offender who committed an offense before November 1, 
1987, and serving a non-parolable sentence; or
    (c) A military prisoner housed in a Bureau facility.

Subpart H--Designation of Offenses for Purposes of 18 U.S.C. 
4042(C)


Sec. Sec.  571.71 and 571.72  [Redesignated]

    3. Redesignate Sec. Sec.  571.71 and 571.72 as Sec. Sec.  571.81 
and 571.82, respectively.

PART 572--PAROLE

    4. Revise the authority citation for 28 CFR part 572 to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082 
(Repealed in part as to offenses committed on or after November 1, 
1987), 4205, 5015 (Repealed October 12, 1984 as to offenses 
committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 1.1-
1.10.

    5. Revise Sec.  572.40 in Subpart E to read as follows:


Sec.  572.40  Reduction in Sentence under 18 U.S.C. 4205(g).

    18 U.S.C. 4205(g), repealed effective November 1, 1987, remains the 
controlling law for inmates who committed offenses before that date. 18 
U.S.C. 3582(c)(1)(A) is the controlling law for inmates who committed 
offenses on or after November 1, 1987. Procedures for a RIS under 
either statute are in 28 CFR part 571, subpart G.

 [FR Doc. E6-21772 Filed 12-20-06; 8:45 am]
BILLING CODE 4410-05-P