[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51254-51261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20427]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2013-02]


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 United States Parole Commission is revising its rules 
describing the conditions of release set for persons on supervision and 
the procedures used to impose and modify the conditions. The revision 
is part of our ongoing effort to make our rules easier to understand 
for those persons affected by the rules and other interested persons 
and organizations. We are also adding new procedures for imposing 
special conditions for sex offenders, and filling a gap left by an 
earlier rule change in 2003 regarding the administrative appeals that 
may be filed by District of Columbia offenders on supervised release.

DATES: Effective August 28, 2014 and is applicable beginning July 23, 
2014.

FOR FURTHER INFORMATION CONTACT: Office of the General Counsel, U.S. 
Parole Commission, 90 K Street NE., Washington, DC 20530, telephone 
(202) 346-7030. Questions about this publication are welcome, but 
inquiries concerning individual cases cannot be answered over the 
telephone.

SUPPLEMENTARY INFORMATION:

Background

    In the notice of proposed rulemaking published at 78 FR 11998-12002 
(Feb. 21, 2013), we discussed the Parole Commission's authority to 
impose conditions of release, the purposes and types of release 
conditions and the procedures we use to impose the conditions. We refer 
you to the previous publication for a review of this background 
material. In the notice of proposed rulemaking we encouraged the public 
to comment on our proposed changes and we received a substantial number 
of written comments from interested persons and organizations. We 
discuss that public comment below.

Public Comment From the District of Columbia Public Defender Service 
(PDS)

    PDS recommends that the Commission place restrictions on the 
current rule allowing a supervision officer to seize prohibited items 
in plain view when conducting a visit of the releasee's residence or 
place of employment. This rule was first

[[Page 51255]]

promulgated in 1984 after the Commission sought and received comment 
from the public, including 27 federal probation offices. Twenty-four of 
the probation offices responding favored the current rule on seizing 
contraband in plain view. Eight years later, in a joint effort with the 
Probation Committee of the Judicial Conference of the United States, 
and after a nationwide survey of chief U.S. probation officers on 
search and seizure practices, we developed a comprehensive search and 
seizure policy for federal parolees. No change in the contraband 
seizure rule was made at that time. The current rule and the proposed 
revision are consistent with Judicial Conference guidelines on search 
and seizure practices for U.S. probation officers issued as recently as 
2010. PDS has not identified any compelling reason to deviate from a 
long-standing and judicially-approved policy on permitting a 
supervision officer to seize prohibited items that are in plain view.
    PDS recommends changes to the condition permitting a supervision 
officer to inform another person, often a prospective employer, of the 
releasee's criminal history if the officer reasonably believes that the 
releasee may pose a risk to the other person. One recommendation is 
that in the condition we include specific guidance to the supervision 
officer on disclosing a releasee's criminal background to a third 
person. We believe the details of how a supervision officer should 
contact and advise other persons about a releasee's criminal record is 
a matter for officer training, and need not be included in the rule or 
the release condition. We are continuing the current policy that places 
the responsibility on the releasee to disclose his criminal background 
to the other person when necessary. The supervision officer usually 
acts only if the releasee fails to make the disclosure. The notes on 
this subject in our Rules and Procedures Manual already advise that the 
disclosure should be ``confidentially made to the third party.'' PDS 
also suggests that we limit third-party disclosure to a case when the 
releasee has been convicted of a crime that requires registration as a 
sex offender. While the warnings are likely required most frequently 
for sex offenders, there are other situations when third-party 
disclosure may be warranted (e.g., convicted embezzler who wants to 
work in a bank). PDS comments on third-party disclosure have led us to 
edit the release condition to restrict the disclosure to a releasee's 
criminal history (as opposed to ``personal history'').
    In discussing the criteria for imposing special conditions for sex 
offenders, PDS recommends other limitations, such as a restriction on 
imposing a special condition for sex offender treatment if the basis 
for the action is not the releasee's current conviction, or if the 
releasee has previously completed a sex offender treatment program. 
There are a number of cases in which courts have approved the reliance 
on sex offense conditions more than 10 years old to impose special sex 
offender conditions. No hard and fast rule has emerged from the case 
law. We may consider an ``ancient prior record'' policy--such as the 
instruction used in salient factor scoring--for using older sex 
offender convictions in imposing special conditions. But we are not 
inclined to include such a policy in the rule at this time. PDS reads 
the statute at 18 U.S.C. 3583(d) to require that a special condition 
may only be imposed if the condition is reasonably related to the 
nature and circumstances of the offense and the history and 
characteristics of the offender. This is a misreading of the statute. 
See United States v. Ross, 475 F.3d 871 (7th Cir. 2007) (judge did not 
commit plain error in imposing a sex offender treatment condition in 
the absence of a current or prior sex offense conviction; evidence of 
fantasies about crimes against children sufficed to impose sex offender 
treatment condition), citing, United States v. Prochner, 417 F.3d 54 
(1st Cir. 2005) (sex offender treatment condition upheld where 
defendant had not been convicted or arrested for a sex offense, but 
defendant's work history, journal entries and expert opinions indicated 
such treatment may be necessary).
    We agree that the releasee's completion of sex offender treatment 
in the past is a factor that should be carefully weighed in deciding 
whether there is a need for resumption of sex offender treatment when 
the offender is paroled or begins supervised release. But the 
Commission should be free to decide that an earlier treatment program 
was an insufficient response to the offender's sexual misconduct, or 
that repeated treatment is necessary for the releasee.
    With regard to the procedures used to impose sex offender special 
conditions, we disagree with the comments on the production of adverse 
witnesses. These comments are similar to objections raised by PDS for 
some time regarding revocation hearings. PDS recommends that we conduct 
a hearing with the offender before requiring him to undergo a sex 
offender evaluation. The final rule allows the Commission to require 
the evaluation after giving the offender a chance to object to the 
proposed condition in writing. A hearing is required only if the 
releasee's criminal history does not include a sex offense, and we 
decide that the evaluation and other information support the imposition 
of sex offender treatment. The Commission has a legitimate interest in 
ordering an evaluation without a complicated procedure. On the other 
hand, PDS argues that the releasee has an interest in avoiding the 
``sex offender'' label until we determine that there is a demonstrated 
need for the releasee's placement in a sex offender treatment program. 
We are continuing to explore appropriate procedures and policies in 
requiring evaluations of offenders for sex offender treatment.

Public Comment From International CURE, Inc. and Other Persons

    International CURE objects to the proposed language to be added to 
28 CFR 2.40(b) and 2.85(b) which state ``in choosing a condition the 
Commission will also consider whether the condition involves no greater 
deprivation of liberty than is reasonably necessary.'' CURE states that 
the language ``reasonably necessary'' is unclear and does not provide 
adequate notice to a releasee of the types of potential deprivation of 
liberty that may occur. The phrase ``no greater deprivation of liberty 
than is reasonably necessary'' is derived directly from the applicable 
statutes. The imposition of special conditions on D.C. supervised 
releasees is governed by D.C. Code 24-133(c)(2) (the Parole Commission 
exercises the same authority as vested in U.S. district courts by 
paragraphs (d) through (i) of 18 U.S.C. 3583) and 18 U.S.C. 3583(d)(2) 
requires courts to impose conditions that ``involve[ ] no greater 
deprivation of liberty than is reasonably necessary.''
    CURE objects to the condition requiring a releasee to ``promptly 
inform the supervision officer of an arrest or questioning . . . within 
two days.'' In CURE's view the term ``questioning'' is overbroad 
because it could require a releasee to report any type of questioning 
which is in no way related to an investigation or alleged violation of 
law. This language is not new; the current version of Sec.  
2.204(a)(4)(ii) already requires the releasee to ``notify the 
supervision officer within two days of an arrest or questioning by a 
law-enforcement officer.'' We have not received complaints that the 
rule is being applied by supervision officers an oppressive fashion, or 
that releasees are having their supervision terms revoked

[[Page 51256]]

for failing to report incidental contacts with law-enforcement 
officers.
    Like PDS, CURE objects to the condition allowing a supervision 
officer to seize contraband in plain view of the officer, asking that 
the basis for an officer's ``reasonable belief'' that items are 
contraband should be subjected to due process procedures. A releasee 
should not be under any misapprehension as to what items he is 
prohibited from possessing, as the other conditions of supervision 
clearly so inform him. CURE's idea of a pre-seizure fact finding 
procedure is impractical and would defeat the purpose of the condition, 
which is to promptly and safely remove from the releasee's control 
items a releasee may not possess.
    CURE objects to the condition restricting a releasee from being in 
a place where drugs are sold or used. Again, this is not a new 
condition but merely an editing of the previous condition that ``the 
releasee shall not frequent a place where a controlled substance is 
illegally sold, dispensed, used, or given away.'' 28 CFR 
2.204(a)(5)(iii). The commenter objects that the rule does not contain 
a scienter requirement and thereby exculpate the person who visits a 
place in which drugs are used or sold without his knowledge. We have 
not been presented with evidence of revocations for persons who have 
unwittingly been frequenting places that turned out to be drug markets.
    CURE's objection misunderstands the function of this condition of 
supervision, and of all of the conditions. They do not exist to try to 
trap a releasee into behavior that will get him sent back to prison. 
Rather, the function of this provision and all of the conditions is to 
promote successful reintegration into society by giving a releasee 
clear guidance about what activities he must avoid because they do not 
support a law-abiding lifestyle. One of these things to be avoided is 
hanging out with other people who are using or selling drugs. The same 
holds true for another well-accepted general condition, i.e., that a 
releasee should not associate with a person in criminal activity or who 
has a criminal record. CURE's opposition to this condition is also 
without merit, especially in the absence of evidence that releasees are 
being reimprisoned for incidental or unknowing contact with other 
felons. Moreover, in response to another concern raised by CURE, this 
condition has not been enforced to restrict releasees from 
participating in support groups and therapy sessions in which others 
with a criminal record may be present.
    Like PDS, CURE has objections to the condition that requires 
disclosure of a person's criminal record in situations in which the 
supervision officer has determined that the releasee's relationship 
with a person may pose a risk of harm to this person. But we are 
confident that supervision officers have appropriately weighed the need 
to protect the public safety and the releasee's privacy interest in 
these situations and have made disclosures, when deemed necessary, 
using measures that, to the degree possible, maintain the 
confidentiality of the disclosure.
    CURE objects that the language of the proposed rule allowing for an 
emergency modification of the conditions without providing a 10-day 
notice and comment period to the releasee leaves the releasee no 
recourse after imposition of an emergency special condition. This is 
incorrect. The rules provide the same right to appeal a change in 
conditions as is the case if the 10-day notice and comment period is 
permitted.
    CURE also comments that the rule on imposing sex offender treatment 
for a releasee who does not have a conviction for a sex offense does 
not sufficiently define the terms ``current behavior'' and ``personal 
history'' for purposes of determining whether imposition of sex 
offender evaluation or treatment is warranted. In using these terms we 
were attempting to convert the statutory terms (``nature and 
circumstances of the offense and the history and characteristics of the 
offender'') into plain language. We decided to return to the statutory 
language in response to the comment.
    Emily Crisler wrote to support extending the availability of an 
administrative appeal of a modification of a condition of parole to 
D.C. Code offenders on parole and supervised release. She objects to 
the provision in 28 CFR 2.85(c) that an appeal is not available for the 
original imposition of conditions upon a D.C. offender's parole 
release, claiming that this policy forces an offender to abide by 
``overly prejudicial and/or constitutionally invalid conditions'' 
without recourse. She argues that 28 CFR 2.85(c) (for D.C. parolees) 
and 2.220 (for D.C. supervised releasees) should be consistent; both 
should either permit appeal of original imposition of conditions of 
supervision, or both should not permit it. But the availability of an 
administrative appeal is only required for the D.C. supervised 
releasee; the Commission may decide to offer an appeal to the D.C. 
parolee as a matter of agency discretion. Recent personnel cuts limit 
our capacity to offer administrative appeals that are not required by 
law.
    Ms. Crisler also supports other changes to the rules which she 
views as enhancing the rehabilitative function of supervision, such as 
conditions to provide training or correctional treatment or medical 
care. She recommends that the Commission delete reference to ``the 
releasee's history and characteristics'' from 28 CFR 2.40 as ``overly 
broad'' and ``vulnerable to an abuse of discretion.'' She objects to 
``characteristics'' as potentially discriminatory if imposed based on a 
characteristic that is unrelated to the releasee's previous crime or 
propensity to commit future crimes. The language to which Ms. Crisler 
objects is statutory language.
    Ms. Crisler objects to the standard condition that a person not 
associate with a person having a criminal record as a violation of 
releasee's First Amendment right to freedom of association. But 
releasees do not have the same rights of association as held by persons 
not under lawful supervision. E.g., United States v. Albanese, 554 F.2d 
543 (2d Cir. 1977). She objects to prohibiting individuals from 
associating with others who may have committed a crime completely 
unrelated to the offender's crime. This concern is at odds with the 
earlier expressed concern that rehabilitation should be the primary 
focus of conditions; the non-association condition is intended to urge 
a releasee away from anti-social and toward pro-social associates.
    Finally, Ms. Crisler objects to the provision allowing a sex 
offender condition to be imposed in the absence of a conviction for a 
sex offense. As we noted earlier, courts have held that sex offender 
treatment may be appropriate even if the releasee has not been 
convicted of a sex offense.

Public Comment From the Washington Lawyers Committee (WLC)

    WLC argues that the Commission should use the criteria that U.S. 
district courts must apply in imposing special conditions of supervised 
release, found at 18 U.S.C. 3583(d), when considering setting release 
conditions on all D.C. parolees, supervised releasees, and federal 
parolees. Though the statutory criteria differs for the three groups of 
offenders, we proposed to adopt, as a matter of policy, the criteria 
for supervised releasees in setting release conditions for all 
offenders under the Commission's jurisdiction. That intent is evident 
from the similar terms used in the proposed language of 28 CFR

[[Page 51257]]

2.40(b), 2.85(b), and 2.204(b)(1). Therefore, our proposed rule already 
met WLC's recommendation that the Section 3583(d) criteria should be 
the ``floor'' for considering special conditions for all persons under 
supervision. But we differ with WLC when they recommend that we can 
only impose a special condition when all the criteria are satisfied in 
making a decision for a particular offender. We have already touched on 
this issue in discussing PDS's claim that the statutory language of 
Section 3583 prohibits us from imposing a special condition of sex 
offender treatment for a releasee who has not been convicted of a sex 
offense. In our view, we may impose a special release condition if the 
condition is reasonably related to the nature and circumstances of the 
offense or the history and characteristics of the offender, and any one 
of the purposes of criminal sentencing listed at 3553(a)(2)(B) 
(deterrence), (C) protection of the public and (D) (offender 
rehabilitation). We will also consider in each case whether the 
condition involves no greater deprivation than is reasonably necessary 
to meet one of the purposes of criminal sentencing listed in 
3553(a)(2)(B)-(D). In each case, we acknowledge that the release 
condition should have some rational relationship to the releasee's 
offense, his history or his characteristics, i.e., the relevant factual 
background of the offender. But while in many cases a condition may 
serve several purposes of criminal sentencing, in some cases one 
purpose may be clearly dominant. The statutory language does not 
restrict us from using the disjunctive ``or'' in our recitation of the 
purposes of imposing release conditions and we adhere to this 
interpretation. This interpretation is consistent with the practice of 
the federal courts. United States v. Carter, 463 F.3d 526, 529 (6th 
Cir. 2006); United States v. Johnson, 998 F.2d 696, 699 (9th Cir. 
1993).
    WLC also comments that for D.C. supervised releasees the Parole 
Commission must follow the U.S. Sentencing Commission's policy 
statements on imposing release conditions, considering the requirement 
of 18 U.S.C. 3583(d)(3). The Sentencing Commission's policy statements 
contained in the sentencing guideline at 5D1.3 recommend for the 
federal judiciary standard and special conditions of supervision 
(5D1.3(c) and (d)), and note other special conditions that ``may be 
appropriate on a case-by-case basis'' (5D1.3(e)). We find these policy 
statements to be instructive, but at the same time note that these 
policy statements do not impose mandatory rules on federal judges when 
they set conditions of supervised release for U.S. Code offenders, or 
on the Parole Commission in setting supervision conditions on D.C. 
supervised releasees.
    Like the comments of PDS, WLC questions the Commission's authority 
to impose a sex offender treatment condition for a person who has not 
been convicted of a sex offense. As noted earlier, we disagree with 
this comment and point to federal appellate case precedent that allows 
the condition without the prerequisite of a sex offense condition.
    WLC also recommends that we extend an administrative appeal 
procedure to D.C. offenders regarding the imposition of parole 
conditions. We addressed this issue in the previous discussion.

Executive Orders 12866 and 13563

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulation Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Order 
13565, ``Improving Regulation and Regulatory Review,'' section 1(b), 
General Principles of Regulation. The Commission has determined that 
this rule is not a ``significant regulatory action'' under Executive 
Order 12866, section 3(f), Regulatory Planning and Review, and 
accordingly this rule has not been reviewed by the Office of Management 
and Budget.

Executive Order 13132

    This rule 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 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)

    These 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

    Accordingly, the U.S. Parole Commission adopts the following 
amendments to 28 CFR part 2.

PART 2--[AMENDED]

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  18 U.S.C. 4203(a)(1) and 4204(a)(6).


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


Sec.  2.40  Conditions of release.

    (a)(1) General conditions of release and notice by certificate of 
release. All persons on supervision must follow the conditions of 
release described in Sec.  2.204(a)(3) through (6). These conditions 
are necessary to satisfy the purposes of release conditions stated in 
18 U.S.C. 4209. Your certificate of release informs you of these 
conditions and special conditions that we have imposed for your 
supervision.
    (2) Refusing to sign the certificate of release. (i) If you have 
been granted a parole date and you refuse to sign the certificate of 
release (or any other document necessary to fulfill a condition of 
release), we will consider your refusal as a withdrawal of your 
application for parole as of the date of your refusal. You will not be 
released on parole and you will have to reapply for parole 
consideration.
    (ii) If you are scheduled for release to supervision through good-
time

[[Page 51258]]

deduction and you refuse to sign the certificate of release, you will 
be released but you still must follow the conditions listed in the 
certificate.
    (b) Special conditions of release. We may impose a condition of 
release other than a condition described in Sec.  2.204(a)(3) through 
(6) if we determine that imposing the condition is reasonably related 
to the nature and circumstances of your offense or your history and 
characteristics, and at least one of the following purposes of criminal 
sentencing: The need to deter you from criminal conduct; protection of 
the public from further crimes; or the need to provide you with 
training or correctional treatment or medical care. In choosing a 
condition we will also consider whether the condition involves no 
greater deprivation of liberty than is reasonably necessary for the 
purposes of deterrence of criminal conduct, protection of the public 
from crime and offender rehabilitation. We list some examples of 
special conditions of release at Sec.  2.204(b)(2).
    (c) Participation in a drug-treatment program, If we require your 
participation in a drug-treatment program, you must submit to a drug 
test within 15 days of your release and to at least two other drug 
tests, as determined by your supervision officer. If we decide not to 
impose the special condition on drug-treatment, because available 
information indicates you are a low risk for substance abuse, this 
decision constitutes good cause for suspending the drug testing 
requirements of 18 U.S.C. 4209(a). You must pass all pre-release drug 
tests administered by the Bureau of Prisons before you are paroled. If 
you fail a drug test your parole date may be rescinded.
    (d) Changing conditions of release. After your release, we may 
change or add to the conditions of release if we decide that such 
action is consistent with the criteria described in paragraph (b) of 
this section. In making these changes we will use the procedures 
described in Sec.  2.204(c) and (d). You may appeal our action as 
provided in Sec. Sec.  2.26 and 2.220.
    (e) Application of release conditions to an absconder. If you 
abscond from supervision, you will stop the running of your sentence as 
of the date of your absconding and you will prevent the expiration of 
your sentence. You will still be bound by the conditions of release 
while you are an absconder, even after the original expiration date of 
your sentence. We may revoke your release for a violation of a release 
condition that you commit before the revised expiration date of your 
sentence (the original expiration date plus the time you were an 
absconder).
    (f) Revocation for possession of a controlled substance (18 U.S.C. 
4214(f)). If we find after a revocation hearing that you have illegally 
possessed a controlled substance, we must revoke your release. If you 
fail a drug test, we must consider whether the availability of 
appropriate substance abuse programs, or your current or past 
participation in such programs, justifies an exception from the 
requirement of mandatory revocation. We will not revoke your release on 
the basis of a single, unconfirmed positive drug test if you challenge 
the test result and there is no other violation found by us to support 
revocation.
    (g) Supervision officer guidance. See Sec.  2.204(g).
    (h) Definitions. See Sec.  2.204(h).

0
3. Revise Sec.  2.85 to read as follows:


Sec.  2.85  Conditions of release.

    (a)(1) General conditions of release and notice by certificate of 
release. All persons on supervision must follow the conditions of 
release described in Sec.  2.204(a)(3) through (6). Your certificate of 
release informs you of these conditions and other special conditions 
that we have imposed for your supervision.
    (2) Refusing to sign the certificate of release. (i) If you have 
been granted a parole date and you refuse to sign the certificate of 
release (or any other document necessary to fulfill a condition of 
release), we will consider your refusal as a withdrawal of your 
application for parole as of the date of your refusal. You will not be 
released on parole and you will have to reapply for parole 
consideration.
    (ii) If you are scheduled for release to supervision through good-
time deduction and you refuse to sign the certificate of release, you 
will be released but you still must follow the conditions listed in the 
certificate.
    (b) Special conditions of release. We may impose a condition of 
release other than a condition described in Sec.  2.204(a)(3) through 
(6) if we determine that imposing the condition is reasonably related 
to the nature and circumstances of your offense or your history and 
characteristics, and at least one of the following purposes of criminal 
sentencing: The need to deter you from criminal conduct; protection of 
the public from further crimes; or the need to provide you with 
training or correctional treatment or medical care. In choosing a 
condition we will also consider whether the condition involves no 
greater deprivation of liberty than is reasonably necessary for the 
purposes of deterrence of criminal conduct, protection of the public 
from crime and offender rehabilitation. We list some examples of 
special conditions of release at Sec.  2.204(b)(2).
    (c) Changing conditions of release. We may at any time change or 
add to the conditions of release if we decide that such action is 
consistent with the criteria described in paragraph (b) of this 
section. In making these changes we will use the procedures described 
in Sec.  2.204(c) and (d). You may not appeal the decision.
    (d) Application of release conditions to an absconder. If you 
abscond from supervision, you will stop the running of your sentence as 
of the date of your absconding and you will prevent the expiration of 
your sentence. You will still be bound by the conditions of release 
while you are an absconder, even after the original expiration date of 
your sentence. We may revoke your release for a violation of a release 
condition that you commit before the revised expiration date of your 
sentence (the original expiration date plus the time you were an 
absconder).
    (e) Supervision officer guidance. See Sec.  2.204(g).
    (f) Definitions. See Sec.  2.204(h).

0
4. Revise Sec.  2.204 to read as follows:


Sec.  2.204  Conditions of supervised release.

    (a)(1) General conditions of release and notice by certificate of 
release. All persons on supervision must follow the conditions of 
release described in paragraphs (a)(3) through (6) of this section. 
These conditions are necessary to satisfy the purposes of release 
conditions stated in 18 U.S.C. 3583(d) and 3553(a)(2)(B) through (D). 
Your certificate of release informs you of these conditions and other 
special conditions that we have imposed for your supervision.
    (2) Refusing to sign the certificate of release does not excuse 
compliance. If you refuse to sign the certificate of release, you must 
still follow the conditions listed in the certificate.
    (3) Report your arrival. After you are released from custody, you 
must go directly to the district named in the certificate. You must 
appear in person at the supervision office and report your home address 
to the supervision officer. If you cannot appear in person at that 
office within 72 hours of your release because of an emergency, you 
must report to the nearest CSOSA or U.S. probation office and obey the 
instructions given by the duty officer. If you were initially released 
to the custody of another authority, you must follow the procedures 
described in this

[[Page 51259]]

paragraph after you are released from the custody of the other 
authority.
    (4) Provide information to and cooperate with the supervision 
officer--(i) Written reports. Between the first and third day of each 
month, you must make a written report to the supervision officer on a 
form provided to you. You must also report to the supervision officer 
as that officer directs. You must answer the supervision officer 
completely and truthfully when the officer asks you for information.
    (ii) Promptly inform the supervision officer of an arrest or 
questioning, or a change in your job or address. Within two days of 
your arrest or questioning by a law-enforcement officer, you must 
inform your supervision officer of the contact with the law-enforcement 
officer. You must also inform your supervision officer of a change in 
your employment or address within two days of the change.
    (iii) Allow visits of the supervision officer. You must allow the 
supervision officer to visit your home and workplace.
    (iv) Allow seizure of prohibited items. You must allow the 
supervision officer to seize any item that the officer reasonably 
believes is an item you are prohibited from possessing (for example, an 
illegal drug or a weapon), and that is in plain view in your 
possession, including in your home, workplace or vehicle.
    (v) Take drug or alcohol tests. You must take a drug or alcohol 
test whenever your supervision officer orders you to take the test.
    (5) Prohibited conduct--(i) Do not violate any law. You must not 
violate any law and must not associate with any person who is violating 
any law.
    (ii) Do not possess a firearm or dangerous weapon. You must not 
possess a firearm or other dangerous weapon or ammunition.
    (iii) Do not illegally possess or use a controlled substance or 
drink alcohol to excess. You must not illegally possess or use a 
controlled substance and you must not drink alcoholic beverages to 
excess. You must stay away from a place where a controlled substance is 
illegally sold, used or given away.
    (iv) Do not leave the district of supervision without permission. 
You must not leave the district of supervision without the written 
permission of your supervision officer.
    (v) Do not associate with a person with a criminal record. You must 
not associate with a person who has a criminal record without the 
permission of your supervision officer.
    (vi) Do not act as an informant. You must not agree to act as an 
informant for any law-enforcement officer without the prior approval of 
the Commission.
    (6) Additional conditions--(i) Work. You must make a good faith 
effort to work regularly, unless excused by your supervision officer. 
You must support your children and any legal dependent. You must 
participate in an employment-readiness program if your supervision 
officer directs you to do so.
    (ii) Pay court-ordered obligations. You must make a good faith 
effort to pay any fine, restitution order, court costs or assessment or 
court-ordered child support or alimony payment. You must provide 
financial information relevant to the payment of such a financial 
obligation when your supervision officer asks for such information. You 
must cooperate with your supervision officer in setting up an 
installment plan to pay the obligation.
    (iii) Participate in a program for preventing domestic violence. If 
the term of supervision results from your conviction for a domestic 
violence crime, and such conviction is your first conviction for such a 
crime, you must attend, as directed by your supervision officer, an 
approved offender-rehabilitation program for the prevention of domestic 
violence if such a program is readily available within 50 miles of your 
home.
    (iv) Register if you are covered by a special offender registration 
law. You must comply with any applicable special offender registration 
law, for example, a law that requires you to register as a sex-offender 
or a gun-offender.
    (v) Provide a DNA sample. You must provide a DNA sample, as 
directed by your supervision officer, if collection of such sample is 
authorized by the DNA Analysis Backlog Elimination Act of 2000.
    (vi) Comply with a graduated sanction. If you are supervised by 
CSOSA, you must comply with the sanction(s) imposed by the supervision 
officer and as established by an approved schedule of graduated 
sanctions. We may decide to begin revocation proceedings for you even 
if the supervision officer has earlier imposed a graduated sanction for 
your alleged violation of a release condition.
    (vii) Inform another person of your criminal record or personal 
history as directed by the supervision officer. You must inform a 
person of your criminal record or personal history if your supervision 
officer determines that your relationship or contact with this person 
may pose a risk of harm to this person. The supervision officer may 
direct you to give this notice and then confirm with the person that 
you obeyed the officer's direction. The supervision officer may also 
give the notice directly to the person.
    (b)(1) Special conditions of release. We may impose a condition of 
release other than a condition described in paragraphs (a)(3) through 
(6) of this section if we determine that imposing the condition is 
reasonably related to the nature and circumstances of your offense or 
your history and characteristics, and at least one of the following 
purposes of criminal sentencing: The need to deter you from criminal 
conduct; protection of the public from further crimes; or the need to 
provide you with training or correctional treatment or medical care. In 
choosing a condition we will also consider whether the condition 
involves no greater deprivation of liberty than is reasonably necessary 
for the purposes of deterrence of criminal conduct, protection of the 
public from crime and offender rehabilitation.
    (2) Examples. The following are examples of special conditions that 
we may impose--
    (i) That you reside in and/or participate in a program of a 
community corrections center for all or part of the period of 
supervision;
    (ii) That you participate in a drug- or alcohol-treatment program, 
and not use alcohol and other intoxicants at any time;
    (iii) That you remain at home during hours you are not working or 
going to school, and have your compliance with this condition checked 
by telephone or an electronic signaling device; and
    (iv) That you permit a supervision officer to conduct a search of 
your person, or of any building, vehicle or other area under your 
control, at such time as that supervision officer decides, and to seize 
any prohibited items the officer, or a person assisting the officer, 
may find.
    (3) Participation in a drug-treatment program. If we require your 
participation in a drug-treatment program, you must submit to a drug 
test within 15 days of your release and to at least two other drug 
tests, as determined by your supervision officer. If we decide not to 
impose the special condition on drug-treatment, because available 
information indicates you are a low risk for substance abuse, this 
decision constitutes good cause for suspending the drug testing 
requirements of 18 U.S.C. 3583(d).
    (c)(1) Changing conditions of release. After your release, we may 
change or add to the conditions of release if we decide that such 
action is consistent with the criteria described in paragraph (b)(1) of 
this section.

[[Page 51260]]

    (2) Objecting to the proposed change. (i) We will notify you of the 
proposed change, the reason for the proposed change and give you 10 
days from your receipt of the notice to comment on the proposed change. 
You can waive the 10-day comment period and agree to the proposed 
change. You are not entitled to the notice and 10-day comment period 
if:
    (A) You ask for the change;
    (B) We make the change as part of a revocation hearing or an 
expedited revocation decision; or
    (C) We find that the change must be made immediately to prevent 
harm to you or another person.
    (ii) We will make a decision on the proposed change within 21 days 
(excluding holidays) after the 10-day comment period ends, and notify 
you in writing of the decision. You may appeal our action as provided 
in Sec. Sec.  2.26 and 2.220.
    (d) Imposing special conditions for a sex offender. (1) If your 
criminal record includes a conviction for a sex offense, we may impose 
a special condition that you undergo an evaluation for sex offender 
treatment, and participate in a sex offender treatment program as 
directed by your supervision officer. We will impose the sex offender 
evaluation and treatment conditions using the procedures described in 
paragraph (c) of this section.
    (2)(i) If your criminal record does not include a conviction for a 
sex offense, we may decide that the nature and circumstances of your 
offense or your history and characteristics show that you should be 
evaluated for sex offender treatment. In this case, we may impose a 
special condition requiring an evaluation for sex offender treatment 
using the procedures described in paragraph (c) of this section.
    (ii) At the conclusion of the evaluation, if sex offender treatment 
appears warranted and you object to such treatment, we will conduct a 
hearing to consider whether you should be required to participate in 
sex offender treatment. You will be given notice of the date and time 
of the hearing and the subject of the hearing, disclosure of the 
information supporting the proposed action, the opportunity to testify 
concerning the proposed action and to present evidence and the 
testimony of witnesses, the opportunity to be represented by retained 
or appointed counsel and written findings regarding the decision. You 
will have the opportunity to confront and cross-examine persons who 
have given information that is relied on for the proposed action, if 
you ask that these witnesses appear at the hearing, unless we find good 
cause for excusing the appearance of the witness.
    (iii) A hearing is not required if we impose the sex offender 
treatment condition at your request, as part of a revocation hearing or 
an expedited revocation decision, or if a hearing on the need for sex 
offender treatment (including a revocation hearing) was conducted 
within 24 months of the request for the special condition.
    (iv) In most cases we expect that a hearing conducted under this 
paragraph will be held in person with you, especially if you are 
supervised in the District of Columbia. But we may conduct the hearing 
by videoconference.
    (3) Whether your criminal record includes a conviction for a sex 
offense or not, if we propose to impose other restrictions on your 
activities, we will use either the notice and comment procedures of 
paragraph (c) of this section or the hearing procedures of this 
paragraph, depending on a case-by-case evaluation of the your interest 
and the public interest.
    (e) Application of release conditions to an absconder. If you 
abscond from supervision, you will stop the running of your supervised 
release term as of the date of your absconding and you will prevent the 
expiration of your supervised release term. But you will still be bound 
by the conditions of release while you are an absconder, even after the 
original expiration date of your supervised release term. We may revoke 
the term of supervised release for a violation of a release condition 
that you commit before the revised expiration date of the supervised 
release term (the original expiration date plus the time you were an 
absconder).
    (f) Revocation for certain violations of release conditions. If we 
find after a revocation hearing that you have possessed a controlled 
substance, refused to comply with drug testing, possessed a firearm or 
tested positive for illegal controlled substances more than three times 
in one year, we must revoke your supervised release and impose a prison 
term as provided at Sec.  2.218. When considering mandatory revocation 
for repeatedly failing a drug test, we must consider whether the 
availability of appropriate substance abuse programs, or your current 
or past participation in such programs, justifies an exception from the 
requirement of mandatory revocation.
    (g) Supervision officer guidance. We expect you to understand the 
conditions of release according to the plain meaning of the conditions. 
You should ask for guidance from your supervision officer if there are 
conditions you do not understand and before you take actions that may 
risk violation of your release conditions. The supervision officer may 
instruct you to refrain from particular conduct, or to take specific 
actions or to correct an existing violation of a release condition. If 
the supervision officer directs you to report on your compliance with 
an officer's instruction and you fail to do so, we may consider that 
your failure is itself a release violation.
    (h) Definitions. As used for any person under our jurisdiction, the 
term--
    (1) Supervision officer means a community supervision officer of 
the District of Columbia Court Services and Offender Supervision Agency 
or a United States probation officer;
    (2) 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 Superior Court 
of the District of Columbia;
    (3) Approved offender-rehabilitation program means a program that 
has been approved by CSOSA (or the United States Probation Office) in 
consultation with a State Coalition Against Domestic Violence or other 
appropriate experts;
    (4) Releasee means a person who has been released to parole 
supervision, released to supervision through good-time deduction or 
released to supervised release;
    (5) Certificate of release means the certificate of supervised 
release delivered to the releasee under Sec.  2.203;
    (6) Firearm has the meaning given by 18 U.S.C. 921;
    (7) Sex offense means any ``registration offense'' as that term is 
defined at D.C. Code 22-4001(8) and any ``sex offense'' as that term is 
defined at 42 U.S.C. 16911(5); and
    (8) Conviction, used with respect to a sex offense, includes an 
adjudication of delinquency for a juvenile, but only if the offender 
was 14 years of age or older at the time of the sex offense and the 
offense adjudicated was comparable to or more severe than aggravated 
sexual abuse (as described in 18 U.S.C. 2241), or was an attempt or 
conspiracy to commit such an offense.

0
5. Revise Sec.  2.220 to read as follows:


Sec.  2.220  Appeal.

    (a) As a supervised releasee you may appeal a decision to: Change 
or add a special condition of supervised release, revoke supervised 
release, or impose a term of imprisonment or a new term of supervised 
release after revocation. You may not appeal one of the general 
conditions of release.
    (b) If we add a special condition to take effect immediately upon 
your

[[Page 51261]]

supervised release, you may appeal the imposition of the special 
condition no later than 30 days after the date you begin your 
supervised release. If we change or add the special condition sometime 
after you begin your supervised release, you may appeal within 30 days 
of the notice of action changing or adding the condition. You must 
follow the appealed condition until we change the condition in response 
to your appeal.
    (c) You cannot appeal if we made the decision as part of an 
expedited revocation, or if you asked us to change or add a special 
condition of release.
    (d) You must follow the procedures of Sec.  2.26 in preparing your 
appeal. We will follow the same rule in voting on and deciding your 
appeal.

    Dated: August 21, 2014.
Cranston J. Mitchell,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 2014-20427 Filed 8-27-14; 8:45 am]
BILLING CODE 4410-31-P