[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Rules and Regulations]
[Pages 21693-21694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09140]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2025-001]
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 remove
and reserve a procedural rule which concerns prisoners serving any
combination of U.S. and D.C. Code sentences that have been aggregated
by the U.S. Bureau of Prisons (``mixed code'' offenders) and considered
for parole on the basis of a single parole eligibility and mandatory
release date on the aggregate sentence.
DATES: This regulation is effective May 21, 2025.
FOR FURTHER INFORMATION CONTACT: Helen Krapels, General Counsel, U.S.
Parole Commission, 90 K Street NE, Third Floor, Washington, DC 20530,
telephone (202) 346-7031. Questions about this publication are welcome,
but
[[Page 21694]]
inquiries concerning individual cases cannot be answered over the
telephone.
SUPPLEMENTARY INFORMATION: 28 CFR 2.65 pertains to the procedure for
considering ``mixed code'' cases, i.e., offenders serving D.C. Code and
U.S. Code sentences that the U.S. Bureau of Prisons has aggregated into
one sentence. As a result of the D.C. Circuit Court's ruling in Ford v.
Massarone, 902 F.3d 309 (D.C. Cir. 2018), and the limited number of
cases that this regulation would apply to, the U.S. Parole Commission
has decided to remove 28 CFR 2.65. In Ford, the D.C. Circuit Court of
Appeals found that the prisoner with an aggregate federal and District
of Columbia sentence was entitled to have his initial D.C. parole
hearing on the date he had served his minimum D.C. sentence, rather
than shortly before his subsequent projected federal parole date, even
though the prisoner would need to remain in prison on his federal
sentence until his federal parole date. By removing 28 CFR 2.65, the
U.S. Parole Commission will schedule ``mixed code'' prisoners for their
initial parole hearing based on the parole eligibility date of their
aggregate sentence as calculated by the Bureau of Prisons. The U.S.
Parole Commission will evaluate whether the prisoner should be paroled
under both federal and D.C. code parole statutes and regulations. To
address any remaining ``mixed code'' prisoners, detailed guidance will
be provided to agency staff as to the procedures noted in Ford v.
Massarone.
Because this is a procedural rule, the matter was voted on
seriatim.
Executive Orders 12866, 13563 and 14219
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulation Planning and Review,'' section
1(b), Principles of Regulation; Executive Order 13565, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 14219, ``Ensuring Lawful Governance and
Implementing the President's `Department of Government Efficiency'
Deregulatory Initiative.'' 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
This 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
This rule will not cause State, local, or tribal governments, or
the private sector, to spend $100,000,000 or more in any one year, and
it will not significantly or uniquely affect small governments. No
action under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (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
Accordingly, the U.S. Parole Commission is amending 28 CFR part 2
to read as follows:
PART 2--PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,
YOUTH OFFENDERS, AND JUVENILE DELINQUENTS
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).
Sec. 2.65 [Removed and Reserved]
0
2. Remove and reserve Sec. 2.65.
* * * * *
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2025-09140 Filed 5-20-25; 8:45 am]
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