# 28 CFR § 2.12: Initial hearings: Setting presumptive release dates

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-28-2.12

## Section

- **Citation:** 28 CFR § 2.12
- **Heading:** Initial hearings: Setting presumptive release dates
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 28—Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 2—PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS > Subpart A—United States Code Prisoners and Parolees

## Text

(a) An initial hearing shall be conducted within 120 days of a prisoner's arrival at a federal institution or as soon thereafter as practicable; except that in a case of a prisoner with a minimum term of parole ineligibility of ten years or more, the initial hearing will be conducted nine months prior to the completion of such a minimum term, or as soon thereafter as practicable.
(b) Following initial hearing, the Commission shall (1) set a presumptive release date (either by parole or by mandatory release) within fifteen years of the hearing; (2) set an effective date of parole; or (3) continue the prisoner to a fifteen year reconsideration hearing pursuant to § 2.14(c).
(c) Notwithstanding the above paragraph, a prisoner may not be paroled earlier than the completion of any judicially set minimum term of imprisonment or other period of parole ineligibility fixed by law.
(d) A presumptive parole date shall be contingent upon an affirmative finding by the Commission that the prisoner has a continued record of good conduct and a suitable release plan and shall be subject to the provisions of §§ 2.14 and 2.28. In the case of a prisoner sentenced under the Narcotic Addict Rehabilitation Act, 18 U.S.C. 4254, a presumptive parole date shall also be contingent upon certification by the Surgeon General pursuant to § 2.3 of these rules. Consideration of disciplinary infractions in cases with presumptive parole dates may be deferred until the commencement of the next in-person hearing or the prerelease record review required by § 2.14(b). While prisoners are encouraged to earn the restoration of forfeited or withheld good time, the Commission will consider the prisoner's overall institutional record in determining whether the conditions of a presumptive parole date have been satisfied.
[42 FR 39809, Aug. 5, 1977, as amended at 44 FR 3405, 3407, Jan. 16, 1979; 48 FR 22919, May 23, 1983; 49 FR 34208, Aug. 29, 1984; 57 FR 41391, Sept. 10, 1992; 60 FR 51350, Oct. 2, 1995]

## Nearby sections

- [28 CFR § 2.1 § 2.1 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.1.md)
- [28 CFR § 2.2 § 2.2 Eligibility for parole; adult sentences.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.2.md)
- [28 CFR § 2.3 § 2.3 Same: Narcotic Addict Rehabilitation Act.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.3.md)
- [28 CFR § 2.4 § 2.4 Same: Youth offenders and juvenile delinquents.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.4.md)
- [28 CFR § 2.5 § 2.5 Sentence aggregation.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.5.md)
- [28 CFR § 2.6 § 2.6 Withheld and forfeited good time.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.6.md)
- [28 CFR § 2.7 § 2.7 Committed fines and restitution orders.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.7.md)
- [28 CFR § 2.8 § 2.8 Mental competency proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.8.md)
- [28 CFR § 2.9 § 2.9 Study prior to sentencing.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.9.md)
- [28 CFR § 2.10 § 2.10 Date service of sentence commences.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.10.md)
- [28 CFR § 2.11 § 2.11 Application for parole; notice of hearing.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.11.md)
- [28 CFR § 2.12 § 2.12 Initial hearings: Setting presumptive release dates.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.12.md)
- [28 CFR § 2.13 § 2.13 Initial hearing; procedure.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.13.md)
- [28 CFR § 2.14 § 2.14 Subsequent proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-28-2.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-28-2.12. Check the current official text before relying on it. Not legal advice.