Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the District of Columbia Code

Federal RegisterApr 10, 1998

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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Paroling, Recommitting, and Supervising Federal Prisoners:

Prisoners Serving Sentences Under the District of Columbia Code

AGENCY: United States Parole Commission, Justice.

ACTION: Proposed rule.

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SUMMARY: The U.S. Parole Commission is proposing to incorporate into

the Code of Federal Regulations, in amended and supplemented form, the

regulations of the District of Columbia that govern the paroling

authority that will be assumed by the U.S. Parole Commission on August

5, 1998. The paroling authority of the District of Columbia Board of

Parole will be transferred to the U.S. Parole Commission under the

National Capital Revitalization and Self-Government Improvement Act of

1997, which permits the Commission to amend and supplement the

District's parole regulations pursuant to federal rulemaking

procedures.

DATES: Comments must be received by June 9, 1998.

ADDRESSES: Send comments to Office of General Counsel, U.S. Parole

Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General

Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,

Maryland 20815, telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: Under Section 11231 of the National Capital

Revitalization and Self-Government Improvement Act of 1997 (Pub. L.

105-33) the U.S. Parole Commission is required, not later than August

5, 1998,

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to assume the jurisdiction and authority of the Board of Parole of the

District of Columbia to grant and deny parole, and to impose conditions

upon an order of parole, in the case of any imprisoned felon who is

eligible for parole or reparole under the District of Columbia Code.

The Act requires the Parole Commission to exercise this authority

pursuant to the parole laws and regulations of the District of

Columbia, but also gives the Parole Commission exclusive authority to

amend or supplement any regulation interpreting or implementing the

parole laws of the District of Columbia with respect to felons,

provided that the Commission adheres to the rulemaking requirements of

the Administrative Procedure Act, 5 U.S.C. 553.

After an extensive review of the relevant regulations of the Board

of Parole of the District of Columbia, currently set forth in the

District of Columbia Code of Municipal Regulations, the Commission has

decided to republish them, with appropriate revisions, in the Code of

Federal Regulations. The Commission has decided not to leave these

regulations in the D.C. Code of Municipal Regulations because the

Revitalization Act makes parole for D.C. Code felons a federal

function, and rules promulgated by federal agencies pursuant to the

Administrative Procedure Act are required to be published in the

Federal Register and the Code of Federal Regulations. Notice of the

proposed transfer of these rules will also be published in the District

A complete set of parole regulations for District of Columbia

prisoners will therefore be incorporated into the Code of Federal

Regulations in addition to the existing regulations that govern all

other criminal offenders who fall under the Commission's jurisdiction.

The regulations that govern the remaining functions of the Board of

Parole of the District of Columbia will continue to be set forth in the

D.C. Code of Municipal Regulations until the Board is abolished on or

before August 5, 2000. Before the transfer of that additional

jurisdiction to the U.S. Parole Commission, those regulations will also

be reviewed for incorporation into the Code of Federal Regulations.

The proposed revisions to the D.C. parole regulations that are

being published at this time fall into three categories.

First, the Board of Parole's procedural regulations have been

amended and supplemented to clarify the procedures that the Commission

proposes to follow in considering District of Columbia prisoners for

parole. The parole hearing and decision making process will remain

essentially the same as that of the D.C. Board of Parole, but in many

instances conformity with existing federal procedures will promote both

increased fairness and administrative efficiency in the discharge of

this new function.

Second, revisions are proposed to reflect recently-enacted District

of Columbia laws, such as the Medical and Geriatric Parole Act, which

have not yet been reflected in comprehensive implementing regulations.

Third, the Commission is proposing to supplement the existing

parole guidelines of the Board of Parole by adopting an improved point

score system to replace the scoring system that was removed from the

Board's regulations by D.C. Law 10-255 (May 16, 1995). The point score

system used by the D.C. Board of Parole has resulted in a high rate of

upward departures from the guidelines based upon factors that should be

included in the guidelines to promote a more structured exercise of

discretion. These factors most often involve aspects of the prisoner's

current offense or criminal history that indicate a high level of risk

to the public safety. The proposal set forth below retains the basic

framework of the D.C. Parole Board's guidelines, but incorporates

certain offender characteristics that would otherwise be expected to

result in decisions outside the guidelines pursuant to 28 DCMR 204.22.

In this regard, the Parole Commission has undertaken a research

study to identify those factors related to current offense and criminal

history that are most closely correlated with violent recidivism. The

research will be based on a statistical sampling of the current D.C.

offender population, as well as on comparative federal and State

samples. The Commission is also making a careful review of the decision

making patterns of the D.C. Board of Parole itself, in order to

determine the extent to which the Board's guideline departures reflect

the factors and correlations under study.

It is the Commission's intent that the guideline system it

ultimately adopts for D.C. Code offenders will be informed by

statistical research that justifies the predictions upon which parole

decisions must necessarily be made. The proposed guideline table that

is published for public comment at this time incorporates factors that

have been traditionally relied upon by both the D.C. Board of Parole

and the U.S. Parole Commission (when making parole decisions for

federally-housed D.C. Code prisoners under D.C. Code 24-209) for

decisions both above and below the guidelines. In light of the research

results, some factors may be given more or less weight than presently

proposed, and others may be dropped from the score in favor of factors

that appear to have greater predictive strength. Although the ``type of

risk'' factors that relate to a prisoner's potential for violent

recidivism are given significantly increased weight in the proposed new

scoring system, increased weight is also given to institutional

performance. Positive achievement in prison programs, as well as

negative institutional behavior, will continue to produce appropriate

adjustments to the ``total point score'' each time a prisoner who has

been denied parole appears for a reconsideration hearing.

Proposed Implementation

The Commission proposes that the regulations set forth below be

made effective as interim rules on August 5, 1998, with a further

period for public comment. The Commission proposes to re-evaluate the

rules in the light of further public comment and operational experience

before adopting final rules.

Executive Order 12866 and Regulatory Flexibility Statement

The U.S. Parole Commission has determined that this proposed rule

is not a significant rule within the meaning of Executive Order 12866,

and the proposed rule has, accordingly, not been reviewed by the Office

of Management and Budget. The proposed rule, if adopted, 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).

List of Subjects in 28 CFR Part 2

Administrative practice and procedure, Probation and parole,

Prisoners.

The Proposed Amendment

Accordingly, the U.S. Parole Commission proposes the following

amendment to 28 CFR Part 2.

PART 2--[AMENDED]

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

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

2. By adding three new subparts as follows:

Subpart A--United States Code Prisoners and Parolees

3. Sections 2.1 through 2.66 (Excepting 2.62) will be designated as

[[Page 17773]]

Subpart A with the heading of Subpart A added as set forth above.

Subpart B--Transfer Treaty Prisoners and Parolees

4. Section 2.62 will be designated as Subpart B consisting of

Secs. 2.67 through 2.69 with the heading of Subpart B added as set

forth above.

5. Subpart C will be added consisting of Secs. 2.70 through 2.89 to

read as follows:

Note: Each proposed section to be included under proposed

Subpart C is followed by a comment explaining any difference from

the corresponding rule of the D.C. Board of Parole.

Subpart C--District of Columbia Code Prisoners and Parolees

Sec.

2.70 Authority and functions of the U.S. Parole Commission with

respect to District of Columbia Code offenders.

2.71 Application for parole.

2.72 Hearing procedure.

2.73 Parole suitability criteria.

2.74 Decision of the Commission.

2.75 Reconsideration proceedings.

2.76 Reduction in minimum sentence.

2.77 Medical parole.

2.78 Geriatric parole.

2.79 Good time forfeiture.

2.80 Procedures for granting parole: Guidelines for D.C. Code

offenders.

2.81 Efffective date of parole.

2.82 Release planning.

2.83 Release to other jurisdictions.

2.84 Conditions of release.

2.85 Release on parole.

2.86 Mandatory release.

2.87 Confidentiality of parole records.

2.88 Miscellaneous provisions.

2.89 Prior orders of the Board of Parole.

Subpart C--District of Columbia Code Prisoners and Parolees

Sec. 2.70 Authority and functions of the U.S. Parole Commission with

respect to District of Columbia Code offenders.

(a) The U.S. Parole Commission shall exercise authority over

District of Columbia Code offenders pursuant to section 11231 of the

National Capital Revitalization and Self-Government Improvement Act of

1997, Pub. L. 105-33, D.C. Code Sec. 24-209. The rules in this Subpart

shall govern the operation of the U.S. Parole Commission with respect

to D.C. Code offenders and are the pertinent parole rules of the

District of Columbia as amended and supplemented pursuant to section

11231(a)(1) of the Act.

(b) The Commission shall have sole authority to grant parole, and

to establish the conditions of release, for all District of Columbia

Code prisoners serving sentences of more than 180 days for felony

offenses who are not otherwise ineligible for parole by statute [D.C.

Code Sec. 24-208] and committed youth offenders [D.C. Code Sec. 24-

804(a)], including offenders who have been returned to prison upon the

revocation of parole or mandatory release, wherever confined.

Superior Court of the District of Columbia a reduction in the minimum

sentence of a District of Columbia Code prisoner, if the Commission

deems such recommendation to be appropriate [D.C. Code Sec. 24-201(c)].

(d) The Commission shall have authority to grant a parole to a

prisoner who is found to be geriatric, permanently incapacitated, or

terminally ill, notwithstanding the minimum term imposed by the

sentencing court [D.C. Code Secs. 24-263 through 267].

(e) In the case of an offender committed for observation and study

under the Youth Rehabilitation Act, the Commission shall have the

responsibility to report to the committing court within sixty (60) days

its findings and a recommendation [D.C. Code Sec. 24-803(e)].

(f) The Board of Parole of the District of Columbia shall continue

to have sole jurisdiction over District of Columbia Code offenders who

have been released to parole or mandatory release supervision,

including the authority to return such offenders to prison upon an

order of revocation. The jurisdiction and authority of the Board over

such offenders shall be transferred to the U.S. Parole Commission by

August 5, 2000.

Comment: This section sets forth the authority assigned to the

Parole Commission under the D.C. Revitalization Act and carries forth

the provisions of 28 DCMR Sec. 100 with two exceptions. First, 28 DCMR

Sec. 100.10 was not retained as the statutory authority upon which it

was based has been repealed. Second, 28 DCMR Sec. 100.11 was not

retained as it is redundant with subsection (b) (derived from 28 DCMR

Sec. 100.2), which sets forth the Commission's authority regarding

committed youth offenders in a broader form. This proposed rule also

reflects a 1993 amendment to the D.C. Code regarding geriatric and

medical cases, and updates the references in 28 DCMR Sec. 100 regarding

the Youth Corrections Act to take into account the Youth Rehabilitation

Act Amendment of 1985.

Sec. 2.71 Application for parole.

(a) A prisoner (including a committed youth offender) desiring to

apply for parole shall execute an application form as prescribed by the

Commission. Such forms shall be available at each institution and shall

be provided to a prisoner who is eligible for parole consideration. A

prisoner who receives an initial hearing need not apply for subsequent

hearings.

(b) To the extent practicable, the initial hearing for an eligible

prisoner who has applied for parole shall be held at least 180 days

prior to the prisoner's date of eligibility for parole.

consideration on a form provided for that purpose. A prisoner who

declines either to apply for or waive parole consideration shall be

deemed to have waived parole consideration.

(d) A prisoner who waives parole consideration may later apply for

parole and be heard during the next visit of the Commission to the

institution at which the prisoner is confined, provided that the

prisoner has applied for parole at least 60 days prior to the first day

of the month in which such visit of the Commission occurs. In no event,

however, shall such prisoner be heard at an earlier date than that set

forth in paragraph (b) of this section.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 102

with two modifications. First, youth offenders will have to complete a

standard parole application form. Second, the rule provides that

initial hearings are to be scheduled, where practicable, at least 180

days before the prisoner's eligibility date. Current D.C. Parole Board

practice generally provides initial hearings about 60 days prior to the

prisoner's eligibility date.

Sec. 2.72 Hearing procedure.

(a) Each eligible prisoner who has applied for parole shall appear

in person for a hearing before an examiner of the Commission. The

examiner shall review with the prisoner the guidelines at Sec. 2.80,

and shall discuss with the prisoner such information as the examiner

deems relevant, including the prisoner's offense behavior, criminal

history, institutional record, health status, release plans, and

community support.

(b) Hearings may be held in District of Columbia facilities

(including District of Columbia contract facilities) and federal

facilities (including federal contract facilities).

Columbia facility shall not be accompanied by counsel, any relative or

friend, or any other person (except a staff member of that facility). A

prisoner appearing for a parole hearing in a federal facility may have

a representative pursuant to Sec. 2.13(b).

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(d) A victim of a crime of violence, as defined in D.C. Code

Sec. 23-103a(a)(3), or a representative from the immediate family of

the victim if the victim has died, shall have the right to be present

at the parole hearings of each offender who committed the crime, and to

offer a statement as to whether or not parole should be granted,

including information and reasons in support of such statement. Such

statement may be submitted at the hearing or provided separately. A

victim or representative may also request permission to appear at the

offices of the Commission for a hearing conducted by an examiner (or

other staff member), in lieu of appearing at a parole hearing. Whenever

new and significant information is provided, the prisoner will be given

the opportunity to respond. The prisoner may be excluded from the

hearing room during the appearance of a victim or representative. In

such case, the prisoner will be given a summary of the information

presented.

(e) A tape recording shall be made of the parole hearing. The tape

recording of a parole hearing shall be available to the prisoner or his

attorney upon written request to the Commission. See Sec. 2.56(e).

(f) Attorneys, family members, relatives, friends, or other

interested persons desiring to submit information pertinent to any case

may do so by forwarding letters or memoranda to the offices of the

Commission prior to a scheduled hearing. Such persons may also request

permission to appear at the offices of the Commission to speak to a

Commission staff member, provided such request is received at least 30

days but no more than 90 days prior to the scheduled hearing. The

purpose of this office visit will be to supplement the Commission's

record with pertinent factual information concerning the prisoner,

which shall be placed in the record for consideration at the hearing.

(g) An office visit at a time other than that set forth in

paragraph (f) of this section may be authorized only if the Commission

finds good cause based upon a written request setting forth the nature

of the information to be discussed. See Sec. 2.22. Notwithstanding the

above restriction on office visits, written information concerning a

prisoner may be submitted to the offices of the Commission at any time.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 103

with the following changes. First, it adds a requirement that the

examiner discuss with the prisoner the basis for the prisoner's

guideline calculation. This requirement to discuss the pertinent case

file information with the prisoner will ensure that the prisoner is

informed of the information being considered by the Commission, and

given an opportunity to respond. Second, although the rule retains the

D.C. prohibition of representatives at parole hearings in District of

Columbia facilities, it allows a prisoner to have a representative at a

parole hearing in a federal facility, consistent with the procedure for

federal prisoners. Third, although 28 DCMR Sec. 103 permits a

prisoner's supporters to visit the Board to discuss a case at any time,

the proposed rule requires a prisoner's supporter to request an office

visit at least 30 days but no more than 90 days before the parole

hearing so that their input can be included in the record that the

examiner will consider at the hearing. Under the proposed rule, office

visits at other times would be permitted only on a showing of good

cause. Fourth, the rights of victims as set forth in a 1989 amendment

to D.C. law are spelled out. Victims of violent crimes are given the

right to appear at the parole hearing, or to request a ``headquarters''

hearing if they have relevant testimony to present. Fifth, the rule

follows federal law at 18 U.S.C. 4208(f) in allowing the prisoner to

obtain a copy of the tape recording of his parole hearing.

Sec. 2.73 Parole suitability criteria.

(a) In accordance with D.C. Code Sec. 24-204(a), the Commission

shall be authorized to release a prisoner on parole in its discretion

after he or she has served the minimum term of the sentence imposed, or

after he or she has served one-third of the term or terms for which he

or she was sentenced, as the case may be, if the following criteria are

met:

(1) The prisoner has substantially observed the rules of the

institution;

(2) There is reasonable probability that the prisoner will live and

remain at liberty without violating the law; and

(3) In the opinion of the Commission, the prisoner's release is not

incompatible with the welfare of society.

(b) It is the policy of the Commission with respect to District of

Columbia Code offenders that the minimum term imposed by the sentencing

court satisfies the need for punishment in respect to the crime of

which the prisoner has been convicted, and that the responsibility of

the Commission is to account for the degree and the seriousness of the

risk that the release of the prisoner would entail. This responsibility

is carried out by reference to the Salient Factor Score and the Point

Assignment Grid at Sec. 2.80.

Comment: This rule carries forth the statutory criteria for parole

contained in 28 DCMR Sec. 200. In addition, it explains that the parole

function for D.C. Code offenders rests on a premise different from that

of the federal parole guidelines. For D.C. Code offenders, the proposed

guidelines in Sec. 2.80 of these rules treat the minimum term of

imprisonment imposed by the court as the measure of basic

accountability for the offense of conviction. The function of parole

consideration is to determine whether the prisoner would be ``a

responsible citizen if he is returned to the community'' and whether

``release on parole is consistent with the public safety.'' See White

v. Hyman, 647 A.2d 1175 (D.C. App. 1994). Hence, this provision sets

forth the Commission's intention to maintain the fundamental structure

of the D.C. Parole Board's decision-making guidelines, while making

scoring changes that carry out its purposes more effectively through an

improved measure of the seriousness of the risk each parole applicant

poses to the public.

Sec. 2.74 Decision of the Commission.

(a) Following each initial or subsequent hearing, the Commission

shall render a decision granting or denying parole, and shall provide

the prisoner with a Notice of Action that includes an explanation of

the reasons for the decision. The decision shall ordinarily be issued

within 21 days of the hearing, excluding holidays.

(b) Whenever a decision is rendered within the applicable guideline

established by these rules, it will be deemed a sufficient explanation

of the Commission's decision for the Notice of Action to specify how

the guideline was calculated. If the decision is a departure from the

guidelines, the Notice of Action shall include the reasons for such

departure.

accordance with Sec. 2.19(c).

Comment: This is a new rule. It requires the issuance of a

statement of reasons for parole denial, a procedure not included in

current District of Columbia Parole Board procedures. Federal practice

under 18 U.S.C. 4206 is the model for this procedural reform, as well

as for the 21-day time period for issuing the decision.

Sec. 2.75 Reconsideration proceedings.

(a) If the Commission denies parole, it may establish an

appropriate reconsideration date in accordance with the provisions of

Sec. 2.80; or if the prisoner's mandatory release date will occur

before the reconsideration date

[[Page 17775]]

deemed appropriate by the Commission pursuant to Sec. 2.80, the

Commission may order that the prisoner be released by the expiration of

his sentence, less good time. Any reconsideration date shall be

calculated from the date of the last hearing.

(b) Notwithstanding the provisions of paragraph (a) of this

section, the Commission shall not set a reconsideration date in excess

of five years from the date of the prisoner's last hearing, nor shall

the Commission continue a prisoner to the expiration of his or her

sentence, if more than five years remains from the date of the last

hearing until the prisoner's scheduled mandatory release.

parole will be granted at the next hearing.

(d) Prior to the parole reconsideration date, the Commission shall

review the prisoner's record, including any institutional progress

report. Based on its review of the record, the Commission may.

(1) Grant parole without conducting an in-person hearing, or

(2) Order an in-person hearing.

(e) Notwithstanding a previously established reconsideration date,

the Commission may also reopen any case for a special reconsideration

hearing, as provided in Sec. 2.28, upon the receipt of new and

significant information concerning the prisoner.

(f) Upon entering an order revoking parole, the Board of Parole of

the District of Columbia shall order a reconsideration date pursuant to

its regulations. However, the Commission shall have sole authority to

grant or deny reparole to an offender who has been returned to prison

upon an order revoking parole.

Comment: This rule carries forth the provisions of 28 DCMR

Sec. 104; except that the policy of setting continuances for cases by

reference to the length of the prisoner's sentence is replaced by

reference to the new time ranges for rehearings that are set forth in

Sec. 2.80. This change is intended both to reflect actual practice by

the D.C. Board and to ensure that continuances are selected by

reference to each prisoner's individual point score. In addition, the

proposed rule prohibits the scheduling of a reconsideration hearing

more than five (5) years from the date of the last hearing. At present,

the D.C. Parole Board may order a reconsideration hearing exceeding

this limit if it departs from its guidelines. Finally, the proposed

rule authorizes special reconsideration hearings for new and

significant information, and spells out the continuing authority of the

D.C. Parole Board to revoke parole and set rehearing dates.

Sec. 2.76 Reduction in minimum sentence.

(a) A prisoner who has served three (3) or more years of the

minimum term of his or her sentence may request the Commission to file

an application with the sentencing court for a reduction in the minimum

term pursuant to D.C. Code Sec. 24-201c. The prisoner's request to the

Commission shall be in writing and shall state the reasons that the

prisoner believes such request should be granted.

(b) Approval of a prisoner's request under this section shall

require the concurrence of a majority of the Commissioners.

section, an application for a reduction in the prisoner's minimum term

shall be forwarded to the U.S. Attorney for the District of Columbia

for filing with the sentencing court. If the U.S. Attorney objects to

the Commission's recommendation, the U.S. Attorney shall provide the

government's objections in writing for consideration by the Commission.

If after consideration of the material submitted, the Commission

declines to reconsider its previous decision, the U.S. Attorney will

file the application with the sentencing court.

(d) If a prisoner's request under this section is denied by the

Commission, there shall be a waiting period of two (2) years before the

Commission will again consider the prisoner's request, absent

exceptional circumstances.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 201

regarding applications for a reduction of minimum term. In addition, it

sets forth the arrangement the Commission has with the U.S. Attorney's

Office regarding the presentation of applications for a reduction in a

minimum term to the Superior Court.

Sec. 2.77 Medical parole.

(a) Upon receipt of a report from the institution in which the

prisoner is confined certifying that the prisoner is terminally ill, or

is permanently and irreversibly incapacitated by a physical or medical

condition that is not terminal, the Commission shall determine whether

or not to release the prisoner on medical parole. Such release may be

ordered by the Commission, regardless of whether the prisoner's minimum

sentence has been served. The Commission shall ordinarily make its

determination within fifteen days of the receipt of the report.

(b) A prisoner may be granted a medical parole on the basis of

terminal illness only if:

(1) The institution medical staff has provided the Commission with

a prediction that there is a high probability of death within six

months due to an incurable illness or disease; and

(2) The Commission finds that:

(i) The prisoner will not be a danger to himself or others, and

(ii) Release on parole will not be incompatible with the welfare of

society.

permanent and irreversible incapacitation only if the Commission finds

that:

(1) The prisoner's condition is such as to render the prisoner

incapable of committing new crimes; and

(2) The prisoner will not be a danger to himself or others; and

(3) Release on parole will not be incompatible with the welfare of

society.

(d) The seriousness of the prisoner's crime shall be considered in

determining whether or not a medical parole should be granted prior to

completion of a prisoner's minimum sentence.

(e) The Commission's determination with respect to the grant or

denial of medical parole shall be final, except that the institution

may, in its discretion, request the Commission to reconsider its

decision on the basis of changed circumstances.

(f) Notwithstanding any other provision of this section--

(1) A prisoner who has been convicted of first degree murder or who

has been sentenced for a crime committed while armed under D.C. Code

Sec. 22-2903, Sec. 22-3202, or Sec. 22-3204(b), shall not be eligible

for medical parole. (D.C. Code Sec. 24-267); and

(2) A prisoner shall not be eligible for medical parole on the

basis of a physical or medical condition that existed at the time the

prisoner was sentenced (D.C. Code Sec. 24-262).

Comment: This is a new rule that sets forth criteria and procedures

for implementing the medical parole provisions at D.C. Code Secs. 24-

261-64, 267.

Sec. 2.78 Geriatric parole.

(a) Upon receipt of a report from the institution in which the

prisoner is confined that a prisoner who is at least 65 years of age

has a chronic infirmity, illness, or disease related to aging, the

[[Page 17776]]

Commission shall determine whether or not to release the prisoner on

medical parole. Such release may be ordered by the Commission,

regardless of whether the prisoner's minimum sentence has been served.

(b) A prisoner may be granted a geriatric parole only if the

Commission finds that:

(1) There is a low risk that the prisoner will commit new crimes;

and

(2) The prisoner's release would not be incompatible with the

welfare of society.

it was committed, shall be considered in determining whether or not a

geriatric parole should be granted prior to completion of a prisoner's

minimum sentence.

(d) A prisoner, or a prisoner's representative, may apply for a

geriatric parole by submitting an application to the institution

medical staff, who shall forward the application accompanied by a

medical report and any recommendations within 30 days. The Commission

shall render a decision within 30 days of receiving the application and

report.

(e) In determining whether or not to grant a geriatric parole, the

Commission shall consider the following factors:

(1) Age of the prisoner;

(2) Severity of illness, disease, or infirmities;

(3) Comprehensive health evaluation;

(4) Institutional behavior;

(5) Level of risk for violence;

(6) Criminal history; and

(7) Alternatives to maintaining geriatric long-term prisoners in

traditional prison settings. (D.C. Code Sec. 24-265(c)(1)-(7).)

(f) The Commission's determination with respect to the grant or

denial of a geriatric parole shall be final, except that the

institution may, in its discretion, request the Commission to

reconsider its decision on the basis of changed circumstances.

(g) Notwithstanding any other provision of this section--

(1) A prisoner who has been convicted of first degree murder or who

has been sentenced for a crime committed while armed under D.C. Code

Sec. 22-2903, Sec. 22-3202, or Sec. 22-3204(b);, shall not be eligible

for geriatric parole. (D.C. Code Sec. 24-267); and

(2) A prisoner shall not be eligible for geriatric parole on the

basis of a physical or medical condition that existed at the time the

prisoner was sentenced (D.C. Code Sec. 24-262).

Comment: This is a new rule that sets forth criteria and procedures

for implementing the geriatric parole provisions at D.C. Code Secs. 24-

261, 263-64, 267.

Sec. 2.79 Good time forfeiture.

Although a forfeiture of good time will not bar a prisoner from

receiving a parole hearing, D.C. Code Sec. 24-204 permits the

Commission to parole only those prisoners who have substantially

observed the rules of the institution. Consequently, the Commission

will consider a grant of parole for a prisoner with forfeited good time

only after a thorough review of the circumstances underlying the

disciplinary infraction(s) and if the Commission is satisfied that the

parole date set has required a period of imprisonment sufficient to

outweigh the seriousness of the prisoner's misconduct.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 205

in a somewhat modified form to conform to the procedure set forth at

Sec. 2.6 of these rules. A minor substantive change is that the

Commission will consider the underlying circumstances of the misconduct

in setting a date for review hearing rather than set a parole date that

is contingent on the restoration of forfeited good time by

institutional officials.

Sec. 2.80 Procedures for granting parole: Guidelines for D.C. Code

Offenders

(a) In determining whether an eligible offender should be paroled,

the Commission shall apply the guidelines set forth in this section.

The guidelines assign numerical values to the pre- and post-

incarceration factors described in paragraphs (b), (c), (d), and (e) of

this section pursuant to the Point Assignment Table set forth in

paragraph (f) of this section. Decisions outside the guidelines may be

made, where warranted, pursuant to paragraph (m) of this section.

(b) Salient Factor Score: The offender's Salient Factor Score shall

be determined by reference to the Salient Factor Scoring Manual in

Sec. 2.20. The Salient Factor Score is used to assist the Commission in

assessing the probability that the offender will live and remain at

liberty without violating the law.

assess the following factors as an aid in determining the risk of

serious violation conduct (i.e., the seriousness of the violation

conduct if the offender does recidivate):

(1) Whether the current offense involved crime(s) of violence;

(2) Whether the current offense involved the death of a victim;

(3) Whether the offender was previously convicted of crime(s) of

violence;

(4) Whether the current offense involved the possession of a

firearm;

(5) Whether the current offense is drug distribution.

(d) The Commission shall assess whether the offender has been found

guilty of committing disciplinary infractions while under confinement

for the current offense.

(e) The Commission shall assess whether the offender has

demonstrated sustained or superior achievement in the area of prison

programs, industries, or work assignments while under confinement for

the current offense. This factor is considered in determining whether

the offender will have a lower likelihood of recidivism than indicated

by the other factors considered.

(f) Point Assignment Table: Add the applicable points from

Categories I-III to determine the base point score. Then add or

subtract the points from Categories IV and V to determine the total

point score.

Point Assignment Table

------------------------------------------------------------------------

(Salient

Category I: Risk of recidivism factor

score)

------------------------------------------------------------------------

10-8 (Very Good Risk)...................................... +0

7-6 (Good Risk)............................................ +1

5-4 (Fair Risk)............................................ +2

3-0 (Poor Risk)............................................ +3

Category II: Current or prior violence (Type of

risk)

Note: Use the greatest applicable subcategory. If no subcategory is

applicable, score=0.

A. High level violence in the current offense, and high

level violence in at least one prior offense.............. +6

B. High level violence in multiple current offenses........ +5

[[Page 17777]]

C. High level violence in the current offense, and other

violence in at least two prior offenses................... +5

D. High level violence in single current offense........... +4

E. Other violence in current offense, and high level

violence in at least one prior offense.................... +2

F. Other violence in current offense, and other violence in

at least two prior offenses............................... +2

G. Other violence in current offense....................... +1

Category III: Death of victim, firearm possession, or drug

distribution (Type of

risk)

Note: Use the greatest applicable subcategory. If no subcategory is

applicable, score =0.

A. Current offense was high level or other violence with

death of victim resulting................................. +2

B. Possession of firearm in current offense if current

offense is not scored as high level violence.............. +1

C. Drug distribution in current offense if current offense

is not scored as high level or other violence............. +1

Base Point Score (Total of Categories I-III):

IV. Negative Institutional Behavior

Note: Use the greatest applicable subcategory. If no subcategory is

applicable, score =0.

A. Negative institutional behavior involving: (1) assault

upon a correctional staff member, (2) possession of a

deadly weapon, (3) setting a fire, or (4) introduction of

drugs for purposes of distribution........................ +2

B. Other negative institutional behavior................... +1

V. Program Achievement

Note: Use the greatest applicable subcategory. If no subcategory is

applicable, score =0.

A. Acceptable institutional behavior with no program

achievement............................................... 0

B. Acceptable institutional behavior with ordinary program

achievement............................................... -1

C. Acceptable institutional behavior with superior program

achievement............................................... -2

Total Point Score (Total of Categories I-V):

------------------------------------------------------------------------

(g) Definitions and Instructions for Application of Point

Assignment Score.

(1) Salient factor score means the salient factor score set forth

at Sec. 2.20.

(2) High level violence means any of the following offenses--

(i) Murder:

(ii) Voluntary manslaughter;

(iii) Aggravated assault, mayhem, or malicious disfigurement;

(iv) Arson of a building;

(v) Forcible rape or forcible sodomy (first degree sexual abuse);

(vi) Kidnapping or hostage taking;

(vii) First degree burglary while armed (burglary of a dwelling

when a victim is present and an offender is armed);

(viii) Assault with a deadly weapon upon a law enforcement officer;

(ix) Extortion or obstruction of justice through violence or

threats of violence;

(x) Any offense involving sexual abuse of a person less than

sixteen years of age;

(xi) Any felony resulting in ``serious bodily injury.'' (See

Definition No. 3.)

(3) Serious bodily injury means bodily injury that involves a

substantial risk of death, unconsciousness, extreme physical pain,

protracted and obvious disfigurement, or protracted loss or impairment

of the function of a bodily member, organ, or mental faculty.

(4) Other violence means any of the following felony offenses that

does not qualify as ``high level violence''--

(i) Robbery;

(ii) Residential burglary;

(iii) Any felony arson;

(iv) Any felony assault;

(v) Any felony offense involving a threat, or risk, of bodily harm;

(vi) Any felony offense involving sexual abuse or sexual contact.

(5) Attempts, conspiracies, and solicitations shall be scored by

reference to the substantive offense that was the object of the

attempt, conspiracy, or solicitation; except that Category IIIA shall

apply only if death actually resulted.

(6) Current offense means any criminal behavior that is either:

(i) Reflected in the offense of conviction, or

(ii) Is not reflected in the offense of conviction but is found by

the Commission to be related to the offense of conviction (i.e., part

of the same course of conduct as the offense of conviction).

(7) Multiple current offenses means two or more incidents of

criminal behavior committed at different times, or the killing, serious

wounding or sexual assault of more than one victim whether at the same

or different times.

(8) Category IIIA applies if the death of a victim is:

(i) Caused by the offender, or

(ii) Caused by an accomplice and the killing was both foreseeable

and in furtherance of a joint criminal venture.

(9) Category IIIB applies whenever a firearm is possessed during,

or used to commit, any offense that is not scored under Category II A,

B, C, or D. Category IIIB also applies when the current offense is

felony unlawful possession of a firearm and there is no other current

offense.

(10) In some cases, negative institutional behavior that involves

high level violence will result in a higher score if scored as an

additional current offense under Category II, than if scored under

Category IVA. In such cases, treat the conduct as an additional current

offense under Category II rather than as a disciplinary infraction

under Category IVA. For example, the murder of another inmate will

generally result in a higher score if treated as an additional current

offense under Category II. If negative institutional behavior is

treated as an additional current offense, points may still be assessed

under Category IV A or B for other disciplinary infractions.

(11) Superior Program Achievement means program achievement that is

beyond the level that the prisoner might ordinarily be expected to

accomplish, and that is deemed to have a significant impact on the

offender's likelihood of recidivism. (The Commission may, in its

discretion, grant more than a 2 point deduction in the most clearly

exceptional cases.)

(h) Guidelines for Decisions at Initial Hearing--Adult Offenders:

In considering whether to parole an adult offender at an initial

hearing, the Commission shall determine the offender's total point

score and then consult the following guidelines for the appropriate

action:

[[Page 17778]]

------------------------------------------------------------------------

Total points Guideline recommendation

------------------------------------------------------------------------

(1) IF POINTS=0............. Parole at initial hearing with low level

of supervision required.

(2) IF POINTS=1............. Parole at initial hearing with high level

of supervision required.

(3) IF POINTS=2............. Parole at initial hearing with highest

level of supervision required.

(4) IF POINTS=3+............ Deny parole at initial hearing and

schedule rehearing in accordance with

Sec. 2.75(c) and the time ranges set

forth in paragraph (j) of this section.

------------------------------------------------------------------------

(i) Guidelines for Decisions at Initial Hearing--Youth Offenders.

In considering whether to parole a youth offender at an initial

hearing, the Commission shall determine the youth offender's total

point score and then consult the following guidelines for the

appropriate action:

------------------------------------------------------------------------

Total points Guideline recommendation

------------------------------------------------------------------------

(1) IF POINTS=0-2........... Parole at initial hearing with conditions

established to address treatment needs;

(2) IF POINTS=3+............ Deny parole at initial hearing and

schedule a rehearing based on estimated

time to achieve program objectives or by

reference to the time ranges in paragraph

(j) of this section, whichever is less.

------------------------------------------------------------------------

(j) Guidelines for Time to Rehearing. (1) If parole is denied, the

time to the subsequent hearing shall be determined by the following

guidelines:

------------------------------------------------------------------------

Months to

Base point score (categories I through IV) rehearing

------------------------------------------------------------------------

0-4.......................................................... 12-18

4 .......................................................... 12-18

5 .......................................................... 18-24

6 .......................................................... 18-24

7 .......................................................... 20-26

8 .......................................................... 20-26

9 .......................................................... 24-30

10 ......................................................... 28-34

11 ......................................................... 32-38

------------------------------------------------------------------------

(2) The time to a rehearing shall in every case be determined by

the prisoner's base point score, and not by the total point score at

the current hearing.

(k) Guidelines for Decisions at Subsequent Hearing--Adult

Offenders. In determining whether to parole an adult offender at a

subsequent hearing, the Commission shall take the total point score

from the initial hearing or last rehearing, as the case may be, and

adjust that score according to the institutional record of the

candidate since the last hearing. The following guidelines are

applicable:

------------------------------------------------------------------------

Total points Guideline recommendation

------------------------------------------------------------------------

(1) IF POINTS=0-3........... Parole with highest level of supervision

required.

(2) IF POINTS=4+............ Deny parole at initial hearing and

schedule rehearing in accordance with

Sec. 2.75(c) and the time ranges set

forth in paragraph (j) of this section.

------------------------------------------------------------------------

(l) Guideline for Decisions at Subsequent Hearing--Youth Offenders.

In determining whether to parole a youth offender appearing at a

subsequent hearing, the Commission shall take the total point score

from the initial hearing or last rehearing, as the case may be, and

adjust that score according to the institutional record of the

candidate since the last hearing. The following guidelines are

applicable:

------------------------------------------------------------------------

Total points Guideline recommendation

------------------------------------------------------------------------

(1) IF POINTS=0-3........... Parole with highest level of supervision

required.

(2) IF POINTS=4+............ Deny parole and schedule a rehearing based

on estimated time to achieve program

objectives or by reference to the time

ranges in paragraph (j) of this section,

whichever is less.

------------------------------------------------------------------------

(m) Decisions Outside the Guidelines.

(1) The Commission may, in unusual circumstances, waive the Salient

Factor Score and the pre- and post-incarceration factors set forth in

this section to grant or deny parole to a parole candidate

notwithstanding the guidelines, or to schedule a reconsideration

hearing at a time different from that indicated in paragraph (j) of

this section. Unusual circumstances are case-specific factors that are

not fully taken into account in the guidelines, and that are relevant

to the grant or denial of parole. In such cases, the Commission shall

specify in the Notice of Action the specific factors that it relied on

in departing from the applicable guideline or guideline range.

(2) Factors that may warrant a decision above the guidelines

include, but are not limited to, the following:

(i) Poorer Parole Risk Than Indicated By Salient Factor Score: The

offender is a poorer parole risk than indicated by the salient factor

score because of--

(A) Repeated failure under parole supervision;

(B) Lengthy history of criminally related substance (drug or

alcohol) abuse; or

(ii) More Serious Parole Risk: The offender is a more serious

parole risk than indicated by the total point score because of--

(A) Extensive record of high level violence beyond that taken into

account in the guidelines;

(B) Current offense aggravated by extraordinary criminal

sophistication or leadership role;

(D) Unusual degree of violence attempted or committed in relation

to type of current offense; or

(E) Unusual magnitude of offense in terms of money, drugs, weapons,

or other commodities involved.

[[Page 17779]]

(3) Factors that may warrant a decision below the guideline

include, but are not limited to, the following:

(i) Better Parole Risk Than Indicated by Salient Factor Score. The

offender is a better parole risk than indicated by the salient factor

score because of (applicable only to offenders who are not already in

the very good risk category)--

(A) A prior criminal record resulting exclusively from minor

offenses;

(B) A substantial crime-free period in the community for which

credit is not already given on the Salient Factor Score;

a better parole prognosis;

(ii) Other Factors:

(A) Substantial cooperation with the government that has not been

otherwise rewarded;

(B) Substantial period in custody on other sentence(s) or

additional committed sentences.

Comment: This section carries forth the provisions of DCMR Sec. 204

in modified form. This revision of the D.C. Board's guideline system

retains its fundamental three-part structure (the salient factor score,

the total point score, and the grant/denial policy). The guideline

system continues to serve as a measurement of both the degree and

seriousness of the risk to the public safety presented in each case.

The policy of permitting parole to be granted at initial hearings for

those who merit 0-2 points on the ``total point score,'' and permitting

parole to be granted at rehearings for those who merit 0-3 points, is

also retained. However, the relevant factors listed in the point score

as indicating ``seriousness of the risk'' have been revised

substantially along with the number of points assigned to each relevant

factor. The purpose of the revisions is to produce a score that

differentiates better as to the probability of violent or otherwise

extremely serious offenses (e.g., murder, rape, assault with serious

bodily injury). Thus, the revised score includes more factors which

appear to indicate an increased probability that recidivism (if it

occurs) will be of an extremely serious nature. At the same time, the

possible points for superior program achievement in prison also are

increased.

The primary intent is to capture within the guidelines the many

decisions that are now outside the guidelines because of the D.C.

Board's well-founded concerns about the ``seriousness of the risk.''

The Parole Commission itself has found it necessary to depart from the

D.C. parole guidelines based on the same concerns. See Duckett v. U.S.

Parole Commission, 795 F. Supp. 133 (M.D. Pa. 1992) (current offenses

involved multiple separate crimes of violence not reflected by the

point score).

The total point score thus revised permits (in the typical worst-

case scenario) a violent repeat offender to receive as many as 11

points. However, point scores only go to this level if there are

extraordinary aggravating factors produced by the offender's own

repeated return to the most serious possible violent criminal

behaviors. If the offender's past record is less serious, the total

point score will be correspondingly lower and will permit parole based

on good behavior over a sufficient period of time in prison. What

constitutes a ``sufficient period of time in prison'' is determined by

the need to incapacitate the offender according to the risk level he or

she presents, as reflected in the Guidelines for Time to Rehearing at

Sec. 2.80(j).

Sec. 2.81 Effective date of parole.

(a) A parole release date may be granted up to nine months from the

date of the hearing in order to permit placement in a halfway house or

to allow for release planning. Otherwise, a grant of parole shall

ordinarily be effective not more than six months from the date of the

hearing.

(b) Except in the case of a medical or geriatric parole, a parole

that is granted prior to the completion of the prisoner's minimum term

shall not become effective until the prisoner becomes eligible for

release on parole.

Comment: This rule carries forth the provisions of 28 DCMR

Sec. 202.2, but follows federal practice by permitting an effective

date of parole up to 9 months in advance. The D.C. Parole Board rule

does not specify any time period. The proposed rule also provides that

parole dates will be set no more than 6 months in advance if placement

in a halfway house is not required. This policy will leave the

Commission with the flexibility to ensure adequate release planning

before any prisoner is released on parole. Difficulties in determining

the adequacy of release plans, and in the availability of necessary

halfway house resources, are presently serious issues that can impede

the releases of many D.C. Code prisoners.

Sec. 2.82 Release planning.

(a) All grants of parole shall be conditioned on the development of

a suitable release plan and the approval of that plan by the

Commission. A release certificate shall not be issued until a release

plan has been approved by the Commission.

(b) After investigation by field staff, the proposed release plan

shall be submitted to the Commission by the Department of Corrections

or Bureau of Prisons, depending upon the institution in which the

prisoner is confined.

a proposed release plan, the appropriate institution staff shall assist

the prisoner in formulating a release plan for investigation.

(d) The Commission may retard a parole date for purposes of release

planning for up to 120 days without a hearing. If efforts to formulate

and verify an acceptable parole plan prove futile by the expiration of

such period, the Commission shall be promptly notified in a detailed

report. If the Commission does not order the prisoner to be released,

the Commission shall suspend the grant of parole and conduct a

reconsideration hearing on the next available docket. Following such

reconsideration hearing, the Commission may deny parole if it finds

that the release of the prisoner without a suitable plan would fail to

meet the criteria set forth in Sec. 2.73. However, if the prisoner

subsequently presents an acceptable release plan, the Commission may

reopen the case and issue a new grant of parole.

(e) The following shall be considered in the formulation of a

suitable release plan: (1) Evidence that the parolee will have an

acceptable residence.

(2) Evidence that the parole will be legitimately employed

immediately upon release; provided, that in special circumstances, the

requirement for immediate employment upon release may be waived by the

Commission.

(3) Evidence that the necessary aftercare will be available for

parolees who are ill, or who have any other demonstrable problems for

which special care is necessary, such as hospital facilities or other

domiciliary care; and

(4) Evidence of availability of, and acceptance in, a community

program in those cases where parole has been granted conditioned upon

acceptance or participation in a specific community program.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 208

regarding release planning. Express authority is added for the

Commission to rescind a grant of parole if failure to produce an

acceptable release plan persuades the Commission that the release of

the prisoner would lead to rapid failure in the community.

[[Page 17780]]

Sec. 2.83 Release to other jurisdictions.

The Commission, in its discretion, may parole any individual from a

facility of the District of Columbia, to live and remain in a

jurisdiction other than the District of Columbia, if the authorities of

that state accept the prisoner for supervision, and suitable release

plans have been developed and approved by the Commission. If an

individual is paroled from a federal facility to a jurisdiction other

than the District of Columbia, supervision shall be provided by the

local U.S. Probation Office at the request of the Commission.

Comment: This rule carries forth that part of 28 DCMR Sec. 209 that

concerns release to other jurisdictions.

Sec. 2.84 Conditions of release.

(a) Parole is granted subject to the conditions imposed by the

Commission as set forth in the Certificate of Parole. These conditions

shall include, but not be limited to, the following. The parolee must:

(1) Obey all laws;

(2) Report immediately upon release to his or her assigned parole

office for instructions;

(3) Remain within the geographic limits fixed in the parole

certificate unless official approval is obtained;

(4) Refrain from visiting illegal establishments;

(5) Refrain from possessing, selling, purchasing, manufacturing or

distributing any controlled substance, or related paraphernalia;

(6) Refrain from using any controlled substance or drug

paraphernalia unless such usage is pursuant to a lawful order of a

practitioner and the parolee promptly notifies the Commission and his

or her parole officer of same;

(7) Be screened for the presence of controlled substances by

appropriate tests as may be required by the Board of Parole or the

Parole Officer;

(8) Refrain from owning, possessing, using, selling, or having

under his or her control any firearm or other deadly weapon;

(9) Find and maintain legitimate employment, and support legal

dependents;

(10) Keep the parole officer informed at all times relative to

residence and work;

(11) Refrain from entering into any agreement to act as an informer

or special agent for any law enforcement agency; and

(12) Cooperate with the officials responsible for his or her

supervision and carry out all instructions of his or her parole officer

and such special conditions as may have been imposed.

(b) The Commission may add to, modify, or delete any condition of

parole at any time prior to the release of the offender.

Comment: This rule carries forth the provisions of 28 DCMR Sec. 207

pertaining to the conditions of parole.

Sec. 2.85 Release on parole.

(a) Where a parole release date has been set, actual release on

parole on that date shall be conditioned upon the individual

maintaining a good institutional conduct record and the approval of a

satisfactory release plan.

(b) The Commission may reconsider any grant of parole prior to the

prisoner's actual release on parole, and may advance or postpone the

effective release date, or rescind and deny a parole previously

granted.

notify the Commission of any serious breach of institutional rules

committed by the prisoner prior to the date of actual release. In such

case, the prisoner shall not be released until the institution has been

advised that no change has been made in the Commission's order granting

parole.

(d) A grant of parole becomes operative upon the authorized

delivery of a certificate of parole to the prisoner, and the signing of

that certificate by the prisoner, who thereafter becomes a parolee

subject to the jurisdiction of the Board of Parole of the District of

Columbia.

Comment: This carries forth the provisions of 28 DCMR Sec. 207

regarding release on parole. In addition, it specifies exactly when a

parole becomes operative, based on 28 CFR 2.29(a).

Sec. 2.86 Mandatory release.

(a) When a prisoner has been denied parole at the initial hearing

and all subsequent considerations; or parole consideration is expressly

precluded by statute, the prisoner shall be released at the expiration

of his or her imposed sentence less the time deducted for any good time

allowances provided by statute.

(b) Any prisoner having served his or her term or terms less

deduction for good time shall, upon release, be deemed to be released

on parole until the expiration of the maximum term or terms for which

he or she was sentenced, less one hundred eighty (180) days.

under the jurisdiction of the Board of Parole of the District of

Columbia and subject to parole supervision, upon the authorized

delivery of a certificate of mandatory release.

Comment: This rule carries forth the provisions of 28 DCMR

Sec. 212.

Sec. 2.87 Confidentiality of parole records.

(a) Consistent with the Privacy Act of 1974 (5 U.S.C. 552(b)), the

contents of parole records shall be confidential and shall not be

disclosed outside the Commission except as provided below.

(b) Information that is subject to release to the general public

without the consent of the prisoner shall be limited to the information

specified in Sec. 2.37(c).

section may be disclosed without the consent of the prisoner only

pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.

552(b)). See Sec. 2.56.

Comment: This carries forth the operative provisions of 28 DCMR

Sec. 101. It maintains the confidentiality of D.C. Board parole files

while conforming the regulations to federal parole practice under the

Privacy Act of 1974.

Sec. 2.88 Miscellaneous provisions.

Except to the extent otherwise provided by law, the following

sections in subpart A of this part are also applicable to District of

Columbia Code offenders:

2.5 (Sentence aggregation)

2.7 (Committed fines and restitution orders)

2.8 (Mental competency procedures)

2.10 (Date service of sentence commences)

2.16 (Parole of prisoner in State, local, or territorial institution)

2.19 (Information considered)

2.22 (Communication with Commission)

2.23 (Delegation to hearing examiners)

2.32 (Parole to local or immigration detainers)

Comment: This rule sets forth the provisions from Part A of these

rules that, except to the extent otherwise provided by law, shall also

apply to District of Columbia Code prisoners.

Sec. 2.89 Prior orders of the board of parole.

Any order entered by the Board of Parole of the District of

Columbia, in a case within the proper jurisdiction of the Board, shall

be accorded the status of an order of the Parole Commission unless duly

reconsidered and changed by the Commission.

Comment: This is a new rule that is necessary to clarify the status

of prior orders of the D.C. Board (parole grants, denials, revocations,

etc.) as of August 5, 1998. It maintains the Commission's longstanding

practice of respecting all prior D.C. Board orders when a D.C. Code

offender enters federal jurisdiction.

[[Page 17781]]

Dated: April 3, 1998.

Michael J. Gaines,

Chairman, Parole Commission.

[FR Doc. 98-9330 Filed 4-9-98; 8:45 am]

BILLING CODE 4410-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.