Federal prisoners; paroling and releasing, etc.: Rescission guidelines,

[Federal Register: November 3, 1999 (Volume 64, Number 212)]

[Rules and Regulations]

[Page 59622-59623]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03no99-13]

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.

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

[[Page 59623]]

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. 99-28587Filed11-2-99; 8:45 am]

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