[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51179-51180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20560]



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DEPARTMENT OF JUSTICE

28 CFR Part 2


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

AGENCY: United States Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is amending a rule that implements 
its authority under the District of Columbia Youth Rehabilitation Act 
to set aside a conviction for a youth offender. The rule acknowledges 
the Commission's authority to set aside a youth offender's misdemeanor 
conviction and describes the information the Commission examines in 
making such a determination. Also, the rule clarifies the Commission's 
policy for issuing a set-aside certificate for a youth offender who was 
formerly on supervised release and who was not reviewed for the set-
aside certificate before the offender's sentence expired. The rule 
adopts the Commission's established criteria for conducting set-aside 
reviews when a youth offender's parole term ends before such a review 
has been held.

DATES: Effective Date: September 27, 2010.

FOR FURTHER INFORMATION CONTACT: Rockne Chickinell, 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 District of Columbia Youth 
Rehabilitation Act authorizes the Parole Commission to set aside a 
conviction for a deserving youth offender who has been committed under 
that Act. DC Code 24-906. Normally, the Commission reviews a youth 
offender's case for issuance of a set-aside certificate after the 
offender has served a period of community supervision on parole or 
supervised release following discharge from the commitment portion of 
the sentence. DC Code 24-906(a), (c), and (d) require the issuance of a 
set-aside certificate if the Commission terminates parole supervision 
or supervised release before the expiration of the committed youth 
offender's sentence. Under Section 24-906(b), the Commission is also 
granted the authority to exercise discretion to set aside a committed 
youth offender's conviction if the offender's sentence expires before 
the Commission can review the case for the unconditional discharge of 
the offender. This situation will normally arise when: (1) A youth 
offender's jail term for a misdemeanor conviction expires and the 
offender is discharged from the custody of the DC Department of 
Corrections without further supervision in the community; or (2) a 
youth offender is unconditionally discharged from parole supervision or 
supervised release and the Commission somehow did not review the case 
for early termination from supervision.
    Until this rule change, the Commission's regulations did not 
address the agency's authority to grant a set-aside certificate for the 
misdemeanor youth offender, or the youth offender formerly on 
supervised release whose case somehow escaped Commission review before 
the expiration of the supervised release term. Nonetheless, the 
Commission has been carrying out its statutory authority to consider 
these offenders for set-aside certificates. To fill the gap in its 
rules, the Commission is amending 28 CFR 2.208(a) to provide a brief 
statement of the Commission's authority to issue a set-aside 
certificate after the youth offender's sentence expires, and the 
information the Commission would consider in granting or denying the 
set-aside certificate. For former supervised releasees, the amendment 
includes a cross-reference to Sec.  2.106(f)(3), which describes the 
Commission's criteria for issuing a set-aside certificate nunc pro tunc 
for a youth offender who was on parole supervision and who was not 
reviewed for early termination from supervision (and the possible 
issuance of the set-aside certificate) before the expiration of the 
sentence.

Executive Order 12866

    The U.S. Parole Commission has determined that this final 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 final rule will not have a significant economic impact upon a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b).

Unfunded Mandates Reform Act of 1995

    The 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 (Subtitle 
E--Congressional Review Act)

    This rule is not a ``major rule'' as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E-
Congressional Review Act), now codified at 5 U.S.C. 804(2). The 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. Moreover, this is a rule of agency practice or 
procedure that does not substantially affect the rights or obligations 
of non-agency parties, and does not come within the meaning of the term 
``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C. 
804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
parole.

The Final Rule

0
Accordingly, the U.S. Parole Commission is making 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. Revise Sec.  2.208(a)(2) to read as follows:


Sec.  2.208  Termination of a term of supervised release.

    (a) * * *
    (2) Upon terminating supervision of a committed youth offender 
before the sentence expires, the Commission shall set aside the 
offender's conviction and issue a certificate setting aside the 
conviction instead of a certificate of discharge. The Commission may 
issue a

[[Page 51180]]

set-aside certificate nunc pro tunc for a youth offender previously 
under supervised release on the sentence and who was not considered for 
early termination from supervision, using the criteria stated at Sec.  
2.106(f)(3). If the youth offender was sentenced only to a term of 
incarceration without any supervision to follow release, the Commission 
may issue a set-aside certificate after the expiration of the sentence. 
In such cases, the Commission shall determine whether to grant the set-
aside certificate after considering factors such as the offender's 
crime, criminal history, social and employment history, record of 
institutional conduct, efforts at rehabilitation, and any other 
relevant and available information.
* * * * *

    Dated: August 13, 2010.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010-20560 Filed 8-18-10; 8:45 am]
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