[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13974-13976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05639]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2016-01]


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 adopting a final rule to amend 
the voting requirements for decisions to terminate a D.C. Code 
parolee's supervision before the expiration of the sentence. The new 
rule permits one commissioner to make the decision to terminate parole. 
The rule currently requires two commissioners to agree to terminate 
parole early. The Commission

[[Page 13975]]

is also revising reporting requirements for supervision officers who 
supervise D.C. Code offenders on parole and supervised release by 
removing the requirement for reports to be submitted after the 
completion of 12 months of continuous supervision.

DATES: Effective March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel, 
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: Since August 5, 1998, as a result of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997, D.C. Code section 24-131(a) (hereinafter ``the Revitalization 
Act''), the U.S. Parole Commission has had exclusive jurisdiction over 
District of Columbia Code felony offenders. Before this transfer of 
jurisdiction, the D.C. Board of Parole had the authority to release a 
D.C. Code parolee from supervision upon the vote of a majority of the 
D.C. Board of Parole. For a D.C. Code parolee released from 
supervision, all conditions of parole would be waived except the 
condition that the parolee not violate the law or engage in any conduct 
which might bring discredit to the parole system. The parolee was not, 
however, released from the custody of the Attorney General or the 
jurisdiction of the D.C. Board of Parole before the expiration of the 
sentence, which meant that the D.C. Board of Parole maintained 
jurisdiction to issue a warrant to return the parolee to custody if, 
before the expiration of the maximum period of supervision, the parolee 
committed a new crime or engaged in conduct which might bring discredit 
to the parole system.
    Following the transfer of authority over D.C. Code parolees to the 
U.S. Parole Commission, the D.C. Council enacted the Equitable Street 
Time Amendment Act of 2008 (effective May 20, 2009) (hereinafter ``the 
Equitable Street Time Amendment Act''). Section 3(a) of the Equitable 
Street Time Amendment Act permits the U.S. Parole Commission to 
terminate legal custody over D.C. Code parolees in a fashion that is 
similar to the U.S. Parole Commission's authority to terminate parole 
for U.S. Code parolees. The Commission promulgated regulations to 
terminate parole before the expiration of the sentence pursuant to the 
authority granted under the Revitalization Act. These regulations were 
similar to the regulations for early termination of parole for U.S. 
Code sentenced parolees, but required that two commissioners agree on 
the decision to terminate supervision early.
    With the revision published today, the Commission is establishing 
an appropriate voting quorum for decisionmaking. The result is 
consistent with the Commission's goal of achieving greater uniformity 
in its procedures for all cases under its jurisdiction. One 
commissioner may make the decision to terminate parole for D.C. Code 
parolees, as is the procedure for terminating parole for U.S. Code 
sentenced parolees and terminating supervised release for D.C. Code 
sentenced offenders on supervised release. Because the revision of the 
rule will affect only the internal voting procedures of the Commission, 
and will not implicate the merits of any parolee's case for termination 
of parole, notice and public comment are not required. 18 U.S.C. 
553(b)(A).
    The Commission is also eliminating the requirement that supervision 
officers provide initial supervision reports for D.C. Code offenders 
under its jurisdiction 90 days after the parolee has been released from 
prison and a supervision report after the completion of 12 months of 
continuous community supervision, and replacing it with the requirement 
that the supervision officer provide an initial supervision report 
after the completion of 24 months of continuous supervision. This 
revision will make the timeframes for submitting the initial 
supervision report consistent with U.S. Code sentenced parolees. Notice 
and public comment are not required because the revision of the rule 
will only affect procedures for submitting reports to the Commission. 
18 U.S.C. 553(b)(A).

Executive Order 13132

    These regulations 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, these rules 
do not have sufficient federalism implications requiring a Federalism 
Assessment.

Regulatory Flexibility Act

    The rules 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 rules 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 rules are not ``major rules'' 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 rules 
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, these are rules of agency practice 
or procedure that do not substantially affect the rights or obligations 
of non-agency parties, and do 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 
amendment to 28 CFR part 2:

PART 2--[AMENDED]

0
1. The authority citation for 28 CFR part 2 continues to read as 
follows:

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


0
2. Amend Sec.  2.74 by revising paragraph (c) to read as follows:


Sec.  2.74  Decision of the Commission.

* * * * *
    (c) The Commission shall resolve relevant issues of fact in 
accordance with Sec.  2.19(c). Decisions granting or denying parole 
shall be based on the concurrence of two Commissioners, except that 
three Commissioners votes shall be required if the decision differs 
from the decision recommended by the examiner panel by more than six 
months. All other decisions, including decisions on revocation and 
reparole

[[Page 13976]]

made pursuant to Sec.  2.105(c), and decisions terminating a parolee 
early from supervision, shall be based on the vote of one Commissioner, 
except as otherwise provided in this subpart.

0
3. Revise Sec.  2.94 to read as follows:


Sec.  2.94  Supervision reports to Commission.

    A supervision report shall be submitted by the responsible 
supervision officer to the Commission for each parolee after the 
completion of 24 months of continuous supervision and annually 
thereafter. The supervision officer shall submit such additional 
reports and information concerning both the parolee, and the 
enforcement of the conditions of the parolee's supervision, as the 
Commission may direct. All reports shall be submitted according to the 
format established by the Commission.

0
4. Revise Sec.  2.207 to read as follows:


Sec.  2.207  Supervision reports to Commission.

    A supervision report shall be submitted by the responsible 
supervision officer to the Commission for each releasee after the 
completion of 24 months of continuous supervision and annually 
thereafter. The supervision officer shall submit such additional 
reports and information concerning both the releasee, and the 
enforcement of the conditions of the supervised release, as the 
Commission may direct. All reports shall be submitted according to the 
format established by the Commission.

    Dated: March 4, 2016.
J. Patricia Wilson Smoot,
Chairman, U.S. Parole Commission.
[FR Doc. 2016-05639 Filed 3-15-16; 8:45 am]
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