Paroling, Recommitting, and Supervising Federal Prisoners: Rescission Guidelines

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Paroling, Recommitting, and Supervising Federal Prisoners:

Rescission Guidelines

AGENCY: United States Parole Commission, Justice.

ACTION: Interim rule; amendments.

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SUMMARY: The Commission is amending its regulation regarding

sanctioning of disciplinary infractions and new criminal behavior by

prisoners who have applied for parole or who have received grants of

parole. The amendment clarifies the Commission's longstanding policy

that this regulation applies to all misconduct committed by a prisoner

while confined, whether before or after the sentence is imposed. It

also clarifies the applicability of the rule to parolees when they are

confined for new crimes committed while on parole.

DATES: Effective Date: December 3, 1999. Comments must be received by

December 31, 1999.

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: The Commission's regulation at 28 CFR

Sec. 2.36 provides in pertinent part that the rescission guidelines

contained therein ``shall apply to the sanctioning of disciplinary

infractions or new criminal behavior committed by a prisoner subsequent

to the commencement of his sentence and prior to his release on

parole.'' 28 CFR 2.36(a). The Commission's regulation regarding

guidelines for parole decisionmaking provides in pertinent part that

``for criminal behavior committed while in confinement see Sec. 2.36.''

28 CFR 2.20(i). The Commission's longstanding interpretation of its

rescission guidelines is therefore that they apply to all misconduct

and new criminal behavior committed by an offender ``in confinement''.

In order to clarify the language of Sec. 2.36(a), (which, standing

alone, appears to limit rescission guidelines to conduct after a

prisoner has begun service of an imposed sentence) the Commission is

amending Sec. 2.36(a). The amended rule will make clear that the

rescission guidelines apply to new criminal conduct committed by any

offender who is in confinement, whether as a pretrial detainee, as a

prisoner serving an imposed sentence, or as a prisoner who has been

transferred to another institution pending trial or sentencing on

another matter. The amended rule also makes clear that the rescission

guidelines apply to disciplinary infractions or further crimes

committed by a parolee after he has been confined on a new criminal

charge, whether before or after the Commission revokes his parole. This

inclusive policy reflects the Commission's view that disciplinary

infractions are always relevant to the parole decisionmaking process,

and that new crimes committed while in official confinement of any type

share are a significant indicant of the offender's lack of suitability

for parole or reparole.

The rescission guidelines therefore apply to conduct committed

while in confinement regardless of the venue of confinement; new

criminal conduct in a halfway house or jail, as well as in a

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prison, falls within the ambit of Sec. 2.36(a).

Implementation

The amended rule is made effective as an interim rule pending the

public comment process because of the public and law enforcement

interest in not placing in doubt the many parole decisions made in

accordance with 28 CFR 2.36 and 2.20(i).

Regulatory Assessment Requirements

The U.S. Parole Commission has determined that this amended interim

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

12866. The amended interim 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), and is deemed by

the Commission to be a rule of agency practice that does not

``substantially affect the rights or obligations of non-agency

parties'' pursuant to Section 804(3)(C) of the Congressional Review

Act.

List of Subjects in 28 CFR Part 2

Administrative practice and procedure, Probation and parole,

Prisoners.

The Amendments

Accordingly, the U.S. Parole Commission is adopting the following

amendments to 28 CFR Part 2.

PART 2--[AMENDED]

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).

2. Section 2.36 is amended by revising the first sentence of

paragraph (a) to read as follows:

Sec. 2.36 Rescission guidelines.

(a) The following guidelines shall apply to the sanctioning of

disciplinary infractions or new criminal conduct committed by a

prisoner during any period of confinement that is credited to his

current sentence (whether before or after sentence is imposed), but

prior to his release on parole; and by a parole violator during any

period of confinement prior to or following the revocation of his

parole (except when such period of confinement has resulted from

initial parole to a detainer). * * *

* * * * *

Dated: October 25, 1999.

Michael J. Gaines,

Chairman, Parole Commission.

[FR Doc. 99-28587 Filed 11-2-99; 8:45 am]

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