Parole Date Advancements for Substance Abuse Treatment Program Completion

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Parole Date Advancements for Substance Abuse Treatment Program

Completion

AGENCY: United States Parole Commission, Justice.

ACTION: Proposed rule.

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SUMMARY: The U.S. Parole Commission is proposing to amend its

regulations on superior program achievement to permit a prisoner to be

considered for a special advancement of the prisoner's presumptive

release date, by up to twelve months, if the prisoner is a non-violent

offender who has completed a program of treatment for a recognized

problem of substance abuse and dependence. Although the existing

regulation already sets forth a schedule of permissible advancements

for superior program achievement, the Commission

proposes to add the above-described provision in order to equalize the

incentive available to parole-eligible prisoners with the new incentive

for completion of substance abuse treatment programs that will be

available for federal prisoners serving no-parole sentences, under 18

U.S.C. 3621(e)(2).

DATES: Comments must be received by June 26, 1995.

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, Telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: In the Violent Crime Control and Law

Enforcement Act of 1994, Pub. L. 103-322 (September 13, 1994), Congress

amended 18 U.S.C. 3621 to authorize the Bureau of Prisons to reduce the

period a prisoner convicted of a non-violent offense remains in custody

after he or she has successfully completed a residential substance

abuse treatment program. This new authority is intended by Congress to

serve as an incentive for prisoners' successful completion of

residential substance abuse treatment programs. This authority is

applicable, however, only to offenses committed after November 1, 1987.

(See Section 235(a)(1) of Public Law 98-473.)

Prisoners convicted of offenses that were committed prior to

November 1, 1987, and who were sentenced to parole-eligible terms, must

look to the U.S. Parole Commission for early release from prison as an

incentive to completion of treatment programs. Under 28 C.F.R. 2.60,

such prisoners are entitled to be considered by the Parole Commission

for early release, pursuant to a schedule of permissible advancements

of a presumptive release date for ``Superior Program Achievement.'' 28

C.F.R. 2.60(e). However, the opportunity for early release is not equal

to that authorized by 18 U.S.C. 3621(e)(2)(B), because an advancement

of up to twelve months is permissible under Sec. 2.60 only if the

presumptive release date established by the Parole Commission (pursuant

to the parole guidelines at 28 C.F.R. 2.20) requires eighty-five months

or more of imprisonment. In contrast, the Bureau of Prisons is

authorized under Section 3621(e)(2)(B) to grant a reduction of not more

than one year for any prisoner who successfully completes a substance

abuse treatment program.

Accordingly, the Parole Commission has decided to amend 28 C.F.R.

2.60 so as to authorize a twelve-month advancement for any parole-

eligible prisoner who meets all the criteria for a reduction of custody

under 18 U.S.C. 3621(e). The prisoner would have to be a non-violent

offender who is found to have a recognized substance abuse problem (not

merely a past history of drug or alcohol abuse). Admittance to a

residential substance abuse program would be the decision of the Bureau

of Prisons. The Parole Commission would consider the prisoner for a

full twelve-month advancement of the prisoner's previously established

presumptive release date only upon notification by the Bureau of

Prisons of successful program completion. However, the Commission would

retain authority to withhold any reduction that would result in a

miscarriage of justice, such as the early release of a major drug

kingpin or an offender with a high risk of recidivism.

Implementation

Upon adoption as a final rule, the proposed amendments to 28 C.F.R.

2.60 would be applied at any statutory interim hearing under 28 C.F.R.

2.14 that was held on or after the effective date of the amended

regulation. The Commission does not propose to reopen cases for

prisoners who have a release date with no further hearing scheduled.

For prisoners who would be considered for the special advancement,

completion of a residential substance abuse treatment program may have

occurred prior to the effective date of the amended regulation.

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 28 CFR Part 2 continues to read as

follows:

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

2. Section 2.60 is proposed to be amended by adding new paragraphs

(g) and (h), to read as follows:

Sec. 2.60 Superior program achievement.

* * * * *

(g) Upon notification from the Bureau of Prisons that a parolable

prisoner who has no history of violent criminal conduct, and who has a

recognized problem of substance abuse and dependence, has successfully

completed residential substance abuse treatment in conformity with the

criteria set forth for non-parolable prisoners in 18 U.S.C. 3621(e),

the Commission will consider such prisoner for a special advancement,

by up to twelve months, of the presumptive release date previously set.

Such advancement shall be without regard to the Schedule of Permissible

Reductions set forth in paragraph (e) of this section. It is the

Commission's intent to award not less than twelve months in addition to

any other advancement granted under this section, unless:

(1) The prisoner has already received an advancement or extra good

time credits for participation in a substance abuse treatment program;

or

(2) There is insufficient time remaining to permit the full

advancement; or

(3) There are unusual circumstances that compel a finding that an

early parole would be inconsistent with 18 U.S.C. 4206 (e.g., a major

narcotics trafficker whose substance abuse was clearly not a dominant

factor in his criminal behavior).

(h) Any advancement under this section for superior program

achievement (including a special advancement for completion of

residential substance abuse treatment) is subject to forfeiture, in

whole or in part, whenever a presumptive parole date is rescinded

pursuant to Sec. 2.34. In the case of a special advancement under

paragraph (g) of this section, the entire advancement shall be

forfeited if the Commission finds that the prisoner has engaged in

usage, possession, or distribution of any illegal drugs subsequent to

program completion.

Dated: May 9, 1995.

Edward F. Reilly, Jr.

Chairman, U.S. Parole Commission.

[FR Doc. 95-11950 Filed 5-15-95; 8:45 am]

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