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### AN OVERVIEW OF THE UNITED STATES PAROLE COMMISSION

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JANET RENO, ATTORNEY GENERAL

UNITED STATES PAROLE COMMISSION



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MICHAEL J. GAINES, CHAIRMAN

EDWARD F. REILLY,JR., COMMISSIONER

JOHN R. SIMPSON, COMMISSIONER

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### I. INTRODUCTION.



### A. MISSION.

The mission of the United States Parole Commission
is to exercise its authority regarding the release and supervision
of offenders under its jurisdiction in a way that promotes justice.
 In making its decisions, the Commission must take into account
the need for just punishment, the offender's risk of recidivism,
and the offender's conduct in the institution.  Its guiding principle
is to apply the least restrictive sanction consistent with just
punishment and the protection of the public.  The Commission carries
out its mission through the conscientious application of its guidelines
and policies to each case, tempered by a willingness to give due
regard to individual circumstances.  The Commission considers
information from various sources including, but not limited to,
the presentence  report, the victim of the offense, the sentencing
judge, the prosecutor, prison officials, as well as the offender.



### B. Organization.

The United States Board of Parole was created
by Congress in 1930.  In 1976, the Parole Commission and Reorganization
Act (Public Law 94-233) retitled the agency as the United States
Parole Commission.  The Commission, an independent agency within
the Department of Justice, has parole release jurisdiction over
all eligible federal prisoners and supervisory jurisdiction over
federal prisoners who are released on parole or as if on parole
(mandatory release).

The Commission is responsible for the parole
functions pertaining to eligible federal prisoners confined and
all federal parolees and mandatory releasees.  Hearing examiners
conduct parole hearings with eligible federal prisoners.  They
also conduct revocation hearings for alleged parole or mandatory
release violators.

Field supervision of released prisoners is
provided by United States Probation Officers, who are employed
by the United States District Courts.  United States Probation
Officers function as parole officers for parolees and mandatory
releasees, monitoring and reporting their activities to the Commission.

Policies and procedures are determined by the Commission at quarterly
or special meetings of the Commissioners.  Rules and regulations
are published in the Federal Register of the United States as
part of the Code of Federal Regulations.  These regulations are
set forth at 28 C.F.R. §2.1-2.67.  The Chairman, as the Commission's
Chief Executive Officer, is responsible for the management of
the Commission.



### C. Jurisdiction.

A prisoner serving a sentence of more than
one year who committed his/her offense prior to November 1, 1987,
is eligible for parole consideration by the Parole Commission,
unless sentenced under a statute expressly prohibiting eligibility
for parole.

In addition, the Parole Commission has ongoing responsibility
for certain cases even if the defendant committed his/her offense
on or after November 1, 1987.  These are:



> ... Foreign Transfer
> Treaty Cases.  The Anti Drug Abuse Act of 1988 assigned to the
> Parole Commission jurisdiction over all "new law" foreign
> transfer treaty cases.  For offenses committed on or after November
> 1, 1987, the Parole Commission is to apply the guidelines promulgated
> by the United States Sentencing Commission.  Commission decisions
> in these cases are appealable directly to a U.S. Court of Appeals.
> ...State Witness Protection Cases.  The Commission has jurisdiction
> to supervise probationers and parolees serving state sentences
> who are transferred to federal jurisdiction because of participation
> in the Federal Witness Protection Program.... D.C. Board of Parole
> Cases in Federal Institutions.  The Commission has parole release
> jurisdiction over persons convicted under the District of Columbia
> Criminal Code who are confined in any correctional facility of
> the U.S. Bureau of Prisons.... Military prisoners in Federal Institutions.
>  The Commission has parole release jurisdiction over persons convicted
> of military offenses who have been transferred from a military
> correctional facility to a correctional facility of the U.S. Bureau
> of Prisons.

The Sentencing Reform Act of 1984 abolished parole
eligibility for federal offenders who commit offenses on or after
November 1, 1987.  It also provided for the abolition of the United
States Parole Commission on November 1, 1992.  However, when the
Congress provided for the abolition of the Parole Commission,
it failed to make adequate provision for persons sentenced under
the law in effect prior to November 1, 1987, who had not completed
their prison terms by the phase-out date.  Elimination or reduction
of parole eligibility for such cases would raise serious ex
post facto clause issues.  Therefore, the Judicial Improvements
Act of 1990 extended the Commission an additional five years (until
November 1, 1997) to handle "old law" cases.  The Parole
Commission Phaseout Act of 1996 again extended the Parole Commission
for an additional five years (until November 1, 2002) for the
same reason. In addition, the Parole Commission Phaseout Act of
1996 requires the Attorney General to report to Congress yearly,
commencing in May 1998, as to whether it is most cost-effective
for the Parole Commission to remain a separate agency or whether
its functions (and personnel) should be assigned elsewhere.  If
the Attorney General recommends incorporating the Parole Commission's
functions in another component of the Department of Justice, the
Attorney General's plan shall take effect in November of the year
in which it is submitted, unless Congress by law provides otherwise.
 If the parole functions are transferred pursuant to this provision,
they will continue as long as necessary without respect to the
November l, 2002, expiration date provided elsewhere in the legislation.
 The Act also reinstates the twelve-year limitation on service
as a Parole Commissioner contained in the Parole Commission and
Reorganization Act of 1976, and provides for the reduction in
the number of Commissioners to two Commissioners on December 31,
1999, and to one Commissioner on December 31, 2001.



### D. Parole Commission Procedures.

To establish a national
paroling policy, promote a more consistent exercise of discretion,
and enable fairer and more equitable decision making, the United
States Parole Commission has developed explicit parole release
guidelines.  The guidelines, published at 28 C.F.R. §§2.20
and 2.21 describe the customary range of time to be served before
release for various combinations of offense (severity) and offender
(parole prognosis) characteristics.  The time ranges specified
by the guidelines are for cases with good institutional behavior.
 Decisions may be made outside of the applicable guideline range
(either above or below), but only for good cause and upon the
provision of specific written reasons.  Thus, the guidelines structure
discretion while retaining the ability to take into account the
circumstances of individual cases.

All eligible prisoners, except
those with a minimum term of ten years or more, receive an initial
parole hearing within 120 days of commitment (or as soon thereafter
as practicable) and are provided with a presumptive parole release
date based upon the applicable parole release guidelines.  The
purpose of this procedure is to give the prisoner, at the beginning
of his/her service of sentence, a date on which it is presumed
that release will take place, provided that the prisoner maintains
a good institutional conduct record and has developed adequate
release plans.  The procedure is designed to remove much of the
dysfunctional uncertainty and anxiety surrounding traditional
parole practice, while at the same time retaining the flexibility
to deal with substantial changes in circumstances.

In addition,
interim hearings are scheduled subsequent to the initial decision
as required by statute to consider whether there are substantial
positive or negative changes in circumstances that may warrant
modifying the presumptive date originally set.  Following an interim
hearing, the Commission may advance a presumptive parole date,
but only for sustained superior program achievement or for other
clearly exceptional circumstances.  It is the intent of the Commission
to encourage meaningful voluntary program participation, not superficial
attendance in programs merely in an attempt to impress the parole
decision makers.  Therefore, advances for superior program achievement
are deliberately kept modest.  Guidelines for such decisions are
set forth at 28 C.F.R. § 2.60.

A pre-release record review
is conducted prior to each presumptive parole date to determine
whether the conditions for a presumptive release have been satisfied.
 Parole may be retarded for up to 120 days for development and
approval of release plans.  Similarly, minor infractions of institutional
rules may be handled on the record by retarding the release date
for up to 90 days.  When substantial misconduct or disciplinary
infractions exist, the Commission may order a rescission hearing
at which a previously determined presumptive release date may
be rescinded or retarded.  Decisions to rescind or retard parole
are sanctions employed by the Commission to assist the Bureau
of Prisons in the maintenance of institutional discipline.  These
sanctions also uphold the integrity of the condition that a parole
date is contingent upon the prisoner's continued good conduct.
 Guidelines for such decisions are set forth at 28 C.F.R. §2.36.

A prisoner who is dissatisfied with the decision rendered by the
Commission may file an appeal within thirty days from the date
on the official Notice of Action.  The National Appeals Board
may affirm, modify, or reverse the decision.  Decisions of the
National Appeals Board are final.

Prisoners sentenced for violations
of the District of Columbia Code who are confined in Bureau of
Prisons facilities are considered for release by the Parole Commission
pursuant to District of Columbia parole procedures.  Parolees
and mandatory releasees must adhere to a set of general conditions
of release that are designed to protect the public welfare and
ensure adequate supervision.  Among the conditions are that the
releasee not violate any federal, state, or local law; not leave
a certain fixed geographical area or change place of residence
or employment without notifying the probation officer; not associate
with any person engaged in criminal activity or who has a criminal
record; and make a diligent effort to work regularly, support
legal dependents, and satisfy any outstanding fine, restitution
order, or court ordered child support or alimony payment.  In
addition to general conditions, special conditions may be imposed
in specific cases (for example, a requirement for drug counseling
and testing for a releasee with a history of drug abuse).  Violation
of a condition of supervision may result in revocation of supervision
and return to prison.



### II. THE COMMISSIONERS.



Mr. Gaines received a B.A. in 1973 and a J.D.
in 1977, both from the University of Arkansas at Little Rock.

Prior to his appointment as a Commissioner, Mr. Gaines had served
on the Arkansas Board of Parole since 1986, and as Chairman since
1987.  He also served as the Criminal Justice Liaison and Pardon
and Extradition Counsel to Governor Bill Clinton between 1983
and 1986, when he became the Executive Director of the State Supreme
Court Committee on Professional Conduct.  He held that position,
along with his part-time position on the Arkansas Board of Parole,
until 1989, when he was named the first full-time Chairman of
the Arkansas Board of Parole.  Between 1978 and 1983, Mr. Gaines
was a Parole Hearing Examiner for the Arkansas Department of Correction
and prior to that time, was in the private practice of law.

During his career, Mr. Gaines has held membership on numerous Arkansas
State Boards, including the Board of Corrections, the Governor's
Corrections Resources Commission, and the Governor's Task Force
on Crime.

Mr. Gaines is a member of the U.S. Sentencing Commission
(ex officio), the National Institute of Corrections Advisory
Board (ex officio), the American Correctional Association,
the Association of Paroling Authorities International, the American
Probation and Parole Association and the Arkansas Adult Probation
and Parole Association.  He was admitted to practice law in 1977,
and is a member of the Bar of Arkansas and the Bar of the United
States District Courts.



Mr. Reilly was appointed a Commissioner on August 14, 1992, and
designated by the President as the Chairman of the Commission.
 He served as Chairman until February 4, 1997, when he was designated
a member of the National Appeals Board.

Mr. Reilly received a
B.A in political science from the University of Kansas.   Prior
to his appointment to the Parole Commission, Mr. Reilly served
29 years as a legislator in the State of Kansas.  He served one
year as a member of the Kansas House of Representatives and then
28 years as a Senator in the Kansas State Senate.  In the legislature,
Mr. Reilly served as Assistant Majority Leader, Chairman of the
Senate Committee on Federal and State Affairs, Chairman of the
Senate Insurance Subcommittee, and Vice Chairman of the Senate
Elections Committee.

As Chairman of the Senate Committee on
Federal and State Affairs, which handled most corrections issues,
Mr. Reilly became keenly interested in the area of corrections,
probation, and parole.  In the late 1970's, he was instrumental
in the passage of legislation allowing the private sector in Kansas
the opportunity to establish businesses near state penal institutions
and hire inmates, one of the first state efforts to do so.  The
resulting program provided inmates meaningful work experience
and opportunities to acquire marketable skills, contributed to
rehabilitation, reduced idleness, and assisted in the management
of large inmate populations in crowed institutions.  In 1981,
Mr. Reilly chaired the Senate/House Committee that reviewed the
operations of the Kansas Correctional System.  This review ultimately
led to major reforms in Kansas Corrections, including increased
benefits for correctional officers, better retention of employees
in the corrections system, and the accreditation of some of Kansas'
major correctional institutions.

From 1982 to 1986, Mr. Reilly
served as a Commissioner on the National Commission on Accreditation
for Law Enforcement Agencies.  In 1985, he was appointed a member
of the National Highway Safety Advisory Committee.  He has served
as an advisory member of the American Justice Institute on federal
and state prisons and as a member of the Community Liaison Committee
of the United States Penitentiary, Leavenworth, Kansas, and the
Kansas State Penitentiary, Lansing, Kansas.  He has also served
as a member of the State Attorney General's Task Force on Drug
Education in Kansas.

Mr. Reilly is a member of the American
Correctional Association, the Association of Paroling Authorities
International, the National Criminal Justice Association, the
National Committee on Community Corrections, and the National
Association of Chiefs of Police.  As Chairman of the Parole Commission,
he served as a member of the U.S. Sentencing Commission (ex
officio) and the National Institute of Corrections Advisory
Board (ex officio).  In addition, he has served on a number
of Boards, Committees, and Task Forces relating to issues involving
the criminal justice system.

A native of Leavenworth, Kansas,
Mr. Reilly was for thirty years in the field of real estate insurance
and banking.  Mr. Reilly has been a recipient of the following
awards for heroism:  Carnegie Hero Fund Commission Award Medallion
(1991); the Robert P. Connelly Kiwanis International Award (1991);
Special Commendation Recognition, City of Leavenworth, for Heroism
(1990); Good Samaritan Award Police Hall of Fame (1990); and the
American Police Hall of Fame Award (1990). Other awards received
include: the Hallmark Cards Hall Pac Public Service Award for
Outstanding Individual Achievement in the Kansas Legislature (1988);
the American Legion's Community Service Award (1992); the United
States Flag Award by the Daughters of the American Revolution;
 and the Silver Angel Award presented by the Kansas Catholic Conference
as the highest award for distinguished service to his church (1992).
 In addition, he is a member of many service and fraternal organizations,
and served as a Commissioner on the Governor's Martin Luther King,
Jr. Holiday Celebration Commission in Kansas (1991).  He serves
on the Fort Leavenworth Historical Museum Committee and on the
Buffalo Soldiers' Monument Committee.  He is a member of the National
Troopers Coalition, the Kansas Highway Troopers Association, the
Kansas Sheriffs' Association, and the Kansas Peace Officers Association.

Mr. Reilly served seven years in the Reserve Officers Training
Corps.  He has been actively engaged in the International Officers
Program at Fort Leavenworth, Kansas, hosting international officers
from many nations attending the Command and General Staff College.
 He has been an instructor to these international officers in
courses on federal, state, and local government since 1967.



Mr. Simpson was appointed a Commissioner on April 21, 1992, and 
designated a Regional Commissioner.

Mr. Simpson received a B.C. from Loyola College in Montreal and a
J.D. from the New England School of Law in Boston.

Prior to his
appointment as a Commissioner, Mr. Simpson worked with the Secret
Service.  He began his career in 1962 and, from 1981 until 1992,
he served as the 16th Director of the Secret Service.  During
his career with the Secret Service he was elected President of
the International Criminal Police Organization (INTERPOL) and
served a four-year term.  He was the first American to hold that
position.

Mr. Simpson is a veteran of the United States Army.
 He is a member of the International Association of Chiefs of
Police, the American Society for Industrial Security, the National
Sheriffs Association, the National Association of Public Administrators,
and the National War College Alumni Association.



### III. CONDITIONS OF PAROLE AND MANDATORY RELEASE SUPERVISION



2. If you are released to the custody of other authorities,
and after your release from physical custody of such authorities,
you are unable to report to the United States Probation Officer
to whom you are assigned within three days, you shall report instead
to the nearest United States Probation Officer.

3. You shall not
leave the limits fixed by this CERTIFICATE OF RELEASE without
written permission from your Probation Officer.

4. You shall notify your Probation Officer within 2 days of any change in your place
of residence.

5. You shall make a complete and truthful written
report (on a form provided for that purpose) to your Probation
Officer between the first and third day of each month, and on
the final day of parole.  You shall also report to your Probation
Officer at other times as your Probation Officer directs, providing
complete and truthful information.

6. You shall not violate any
law.  Nor shall you associate with persons engaged in criminal
activity.  If you are arrested or questioned by a law-enforcement
officer, you shall within 2 days report such contact to your Probation
Officer or the United States Probation Office.

7. You shall not
enter into any agreement to act as an "informer" or
special agent for any law-enforcement agency.

8. You shall work
regularly unless excused by your Probation Officer, and support
your legal dependents, if any, to the best of your ability.  You
shall report within 2 days to your Probation Officer any changes
in employment.9. You shall not drink alcoholic beverages to excess.
 You shall not purchase, possess, use or administer marijuana
or narcotic or other habit-forming or dangerous drugs, unless
prescribed or advised by a physician.  You shall not frequent
places where such drugs are illegally sold, dispensed, used or
given away.

10. You shall not associate with persons who have a
criminal record unless you have permission of your Probation Officer.

11. You shall not possess a firearm/ammunition or other dangerous
weapons.

12. You shall permit confiscation by your Probation Officer
of any materials which your Probation Officer believes may constitute
contraband in your possession and which your Probation Officer
observes in plain view in your residence, place of business or
occupation, vehicle(s) or on your person.

13. You shall make a diligent effort to satisfy any fine, restitution order, court
costs or assessment, and/or court ordered child support or alimony
payment that has been, or may be, imposed, and shall provide such
financial information as may be requested, by your Probation Officer,
relevant to the payment of the obligation.  If unable to pay the
obligation in one sum, you will cooperate with your Probation
Officer in establishing an installment payment schedule.

14. You shall submit to a drug test whenever ordered by your Probation
Officer.



(  ) You shall participate as instructed by your Probation Officer
in a program approved by the Parole Commission for treatment of
narcotic addiction or drug dependency, which may include testing
and examination to determine if you have reverted to the use of
drugs.

(  ) You shall participate in a community based program
for the treatment of alcoholism as directed by your Probation
Officer.

(  ) You shall participate in an in-patient or an out-patient
mental health program as directed by your Probation Officer.(
 ) You shall reside in and participate in a program of the Community
Corrections Center as instructed until discharge by the Center
Director, but no later than 120 days from admission.

(  ) Other:



### IV. FREQUENTLY ASKED QUESTIONS BY FEDERAL PRISONERS ABOUT
PAROLE PROCEDURES.

### 1. What is PAROLE?

Parole is the serving of part of your sentence
under supervision in the community.  The law says that the Parole
Commission may grant parole if (a) the inmate has substantially
observed the rules of the institution; (b) release would not depreciate
the seriousness of the offense or promote disrespect for the law;
and (c) release would not jeopardize the public welfare.



### 2. Is parole the same as probation?

No.  Probation is a period
of supervision in the community imposed by the court as an alternative
to imprisonment.  Parole is the release of a prisoner to supervision
in the community after he/she has completed a part of his/her
sentence in an institution.



### 3. What is the purpose of parole?

Parole has a three-fold
purpose:  (1) through the assistance of the United States Probation
Officer, a parolee may obtain help with problems concerning employment,
residence, finances, or other personal problems which often trouble
a person trying to adjust to life upon release from prison; (2)
parole protects society because it helps former prisoners get
established in the community and thus prevents many situations
in which they might commit a new offense; and (3) parole prevents
needless imprisonment of those who are not likely to commit further
crime and who meet the criteria for parole set forth in the answer
to Question 1.      While in the community, supervision will be
oriented toward reintegrating the offender as a productive member
of society.



### 4. What Does "PAROLE ELIGIBILITY" Mean?

You become "eligible" for parole according to the type
of sentence you received from the court.  Your "parole eligibility"
date is the earliest time you might be paroled.  If the Parole
Commission decides to parole you it will set the date of your
release, but that date must be on or after your "eligibility"
date.



### 5. How can  I Tell when I become Eligible for Parole?

Unless the court specified a minimum time for you to serve or
imposed an "indeterminate" type of sentence, parole
eligibility occurs upon completion of one-third of your term.
 If you are serving a life sentence or a term or terms of 30 years
or more you become eligible for parole after 10 years. If the
court used sub-paragraph (b) (2) of §4205, Title 18, U.S.C.
in your case, you are eligible for parole at any time.



### 6. How do I apply for parole?

You must fill out and sign an
application for parole furnished by your case manager.  This form
is provided to you before you are scheduled to appear before the
Commission.  Everyone except those committed under juvenile delinquency
procedure who wishes to be considered for parole must complete
the parole application.



### 7. What if I do not wish to apply for parole?

You should sign
a waiver instead of a parole application.  If you should later
change your mind you may apply and have a hearing at the next
regularly scheduled meeting by a Hearing Examiner, provided you
apply at least 60 days before the month in which the Hearing Examiner
is scheduled to visit your institution.



### 8. How will I know when my hearing will be held?

You will
be notified by your Case Manager when your hearing is scheduled.
 Your first or initial hearing will ordinarily take place within
a few months after your arrival unless you are serving a minimum
term of ten years or more in which case your initial hearing will
be scheduled six months prior to the completion of 10 years.



### 9. Will I be allowed to see my file before the hearing?

The Notice of Hearing form will tell you that you may ask to see your
file before the hearing.  Certain parts of the file are exempted
by law from being shown to you.  Such exempted parts will be summarized,
however, and the summary furnished to you if you ask to see your
file.  If you ask to see your file, or part of it, you may inspect
any documents, except the exempted ones, which the Parole Commission
uses as a basis for its decision about your parole.  Your Case
Manager can explain what types of material are exempted by law,
and can assist you in requesting your file review.  He/she can
also tell you about the possibility of reviewing your file at
some time other than just before your parole hearing.



### 10. May I have someone go into the hearing room with me?

The Notice of Hearing form provides a place for you to name someone
as your representative at the hearing.  You must have his/her
permission, and you must give him/her enough time to plan to attend
the hearing.  Your representative may enter the hearing room with
you and make a brief statement on your behalf.  Should you decide
not to have a representative you will be asked to initial the
waiver section on the Notice of Hearing form.



### 11. Who else will be present at the parole hearing?

Generally,
hearings will be conducted by a Hearing Examiner, who is a member
of the staff of the Parole Commission.  Your Case Manager generally
also will attend the hearing.  Observers may ask to come into
the hearing room occasionally.  These are usually members of the
institution staff or personnel of the Parole Commission.  A person
who wishes to speak in opposition to your parole may also appear
at the hearing.



### 12. What goes on at a parole hearing?

The hearing is an opportunity
for you to tell your own story and to express your own thoughts
as to why you feel you should be paroled.  Many subjects may come
up during the course of the hearing.  These may include such things
as the details of your offense, your prior criminal history, the
guidelines which the Commission uses in making a parole decision,
your accomplishments in the institution, the details of your release
plan, and any problems you have had to meet in the past or are
likely to face in the future.  The Commission is interested both
in the protection of society against further criminal behavior
as well as your needs as an individual.  There are no hard and
fast rules about the content or length of the hearing.



### 13. Are the hearings recorded?

Yes, the interview is recorded.
 You may request a copy of the recording by submitting a request
under the Freedom of Information Act.



### 14. When is a decision made concerning my parole?

An Examiner reviews your case file before your interview.  A recommendation
relative to parole is made at the conclusion of the hearing and
in most instances you will be notified of that recommendation.
 If a recommendation is not provided, the Examiner may refer your
case to the Commission's Office for further review.  All recommendations
made at the hearing are only tentative as another examiner review
is required before the final decision is made by the Regional
Commissioner.  Usually, within 21 days after the hearing you will
be sent a Notice of Action advising you of the official decision.



### 15. How does the Hearing Examiner decide on a recommendation
about parole?

The Hearing Examiner uses Commission approved guidelines
to determine how long you should serve in addition to his/her
own judgment.  In using the guidelines, three important factors
are considered.  These are (1) the severity of your current offense
behavior; (2) the "salient factor score" which contains
items about you (such as your prior criminal history) that help
predict your chances of success on parole; and (3) your institutional
adjustment and program  performance.



### 16. Is the Hearing Examiner required to follow the Guidelines?

No, the guidelines serve only as a general indicator for use during
your hearing. The Examiner may make a recommendation outside of
the guidelines, but in such case the examiner must state in writing
the special reasons which justify that recommendation.

In making a recommendation, the Examiner may take into account anything
of importance relating to your case.  Since no two persons' situations
are alike, factors of importance in one case may not be important
in another.  Codefendants, for example, may not be handled alike
because of their different backgrounds or other facts which make
their cases different.



### 17. May I see a copy of the Guidelines and the "Salient
Factor Score" sheet?

Yes, your Case Manager can advise where
you can review the guidelines and "salient factor score"
sheet.  These also may be in the institution library.  The Notice
of Action you receive following your parole hearing will include
a copy of your own guideline factors and "salient factor
score" sheet.



### 18. Does the Judge or other court official make a recommendation
to the Commission regarding parole?

The Judge who sentenced you,
the Assistant United States Attorney who prosecuted your case
and your defense attorney may make recommendations regarding parole.
 These recommendations are generally submitted to the Commission
before your first hearing and become a part of the material the
Commission considers.  The Judge's recommendation and the defense
attorney's recommendation will be made on Form AO-235.  The Assistant
United States Attorney's recommendation will be on Form 792.



### 19. Does the Hearing Examiner usually follow the recommendations
made by the institution staff?

Institution staff recommendations
if provided are given thoughtful consideration but are not always
followed as they are only one of the several factors considered
by the Examiner and the Commission.  See answer to Question 1
for the criteria for parole consideration by the Commission.



### 20. How do any of the following situations affect my parole?

A.  Forfeited or withheld good time.  The law requires that a
prisoner observe the rules of the institution in which confined
in order to be eligible for parole.  Forfeited or withheld good
time indicates that institution rules have not been observed and
is a poor argument for parole, but does not automatically disqualify
the applicant from Commission consideration.

B.  Presence of a
detainer.  The presence of a detainer does not of itself constitute
a reason to deny parole.  If you otherwise would be paroled you
may be paroled "to the detainer or an approved plan."
 In that event you will be released to the physical custody of
the state or local authorities; or, should the detainer be dropped,
to your plan for community living. In other cases, you may be
paroled "to the detainer only."  In those cases, should
the detainer be dropped, you will not be released and a further
review will be made by the Commission.

C.  Alien subject to deportation.
 In some cases, the Commission grants parole on condition that
the alien be deported and remain outside the United States.  In
other cases, the Commission merely grants parole to an immigration
detainer.  In such instances the individual does not leave the
institution until the immigration officials are ready to receive
him.

D.  Case in court on appeal.  All persons have the right
by law to appeal their conviction and sentence.  The Parole Commission
recognizes this right and the existence of a court appeal has
no bearing whatever on parole decisions.



### 21. May I be paroled if I have an unpaid committed fine?

A fine for which you "stand committed" must be taken care
of in some way before the Commission can take action on the "time
portion" of your sentence.  The usual way to take care of
a fine is to pay it.  If you cannot do so, you may apply to take
an "indigent prisoner's oath" if you can show that you
have few or no funds or assets.  Your Case Manager can help you
apply to take this oath. If you can neither pay the fine nor qualify
for the above described oath, the Warden or Magistrate might determine
that you need all of your money or assets to support yourself
and your family.  In some cases you may be able to pay part of
your fine and the Warden or Magistrate will determine that you
need the remainder of your money or assets for the support of
yourself and your family.  In such cases, however, you still have
a civil requirement to pay the fine at some later date. If you
do have sufficient money or assets to pay your committed fine
but fail to do so, you will not be paroled.



### 22. Will I be given the reasons if I am not paroled?

Yes,
the Hearing Examiner will discuss the recommendation with you
at the time of your hearing, and the Notice of Action will state
the reasons for the decision. It will also provide the reasons
if the Commission's decision continues you outside the range called
for in the guidelines.



### 23. If I am not paroled will I be given another hearing?

By
law, if your sentence is less than seven years you will be granted
another hearing after 18 months from the time of your last hearing.
 If your sentence is seven years or more the next hearing is scheduled
24 months from the time of your last hearing.  Your first Statutory
Interim Hearing may be delayed until the docket preceding eligibility
if there is more than 18 or 24 months between your initial hearing
and your eligibility date.



### 24. What if I decide I do not want to have a Statutory Interim
Hearing?

If the Commission has granted you a presumptive parole
date, you may waive the Statutory Interim Hearing, only if you
have not received any major Disciplinary Hearing Officer level
incident reports.  If you have been continued to expiration or
a 15 year reconsideration hearing you may waive subsequent statutory
interim hearings.  If you waive the statutory interim hearing
you will not be heard again unless you submit a reapplication
for the hearing.



### 25. If I am not paroled may I appeal the decision?

Yes, within thirty days of the date on your Notice of Action you may file
an appeal with the National Appeals Board.  Your Case Manager
can give you the form used for this purpose.  After receiving
your appeal, the National Appeals Board may affirm, reverse or
modify the Regional Commissioner's decision or may order a new
hearing.  A decision by the National Appeals Board is final. 
Decisions made under the procedures of the District of Columbia
are not eligible for the appeal process.



### 26. If the Commission does not parole me earlier, may I be
paroled later on near the end of my term?

If your sentence is five years or longer the law provides that you will be paroled
by the Commission when you have served two-thirds of your term
or terms, unless the Commission makes a finding either that (1)
you have seriously or frequently violated institution rules and
regulations, or (2) there is a reasonable probability that you
will commit a further crime.  If you are serving a life term or
consecutive terms, your Case Manager can explain the law in relation
to parole at the two-thirds point.



### 27. Will I be given a hearing just before my "two-thirds"
date?

If you are serving a sentence of five years or larger, your
case will be reviewed on the record shortly before your "two-thirds"
date arrives.  If you are not paroled on the basis of a "record
review," you will be scheduled for a hearing when the Hearing
Examiner next visits the institution.  A decision about your parole
will then follow that hearing.



### 28. May I waive parole at the two-thirds point of my sentence?

Yes.  If you choose to waive parole at this point, your release
will occur at the mandatory release date of your sentence.



### 29. If I am paroled after two-thirds of my sentence must I
comply with the parole conditions like any other parolee?

Yes.  You must abide by the conditions of release, and your parole
may be revoked if you violate any of them.  You will remain under
supervision until the expiration of your sentence unless the Commission
terminates supervision earlier.  The reduction of supervision
time by 180 days provided by the mandatory release laws does not
apply to this type of parole.



### 30. If parole is not granted to me at any time on my sentence,
when do I go out?

Unless you have forfeited all statutory good
time, you will be released via Mandatory Release.  The Mandatory
Release date is computed by the institution officials according
to how much statutory good time you are entitled to and how much
"extra" good time you earn.  The law states that a mandatory
releasee "shall upon release be treated as if released on
parole and shall be subject to all provisions of the law relating
to the parole of United States prisoners until the expiration
of the maximum term or terms for which he was sentenced, less
180 days."  This means you should have a release plan as
if you were going out on parole.  You will be supervised by a
United States Probation Officer as if you were a parolee until
180 days before the expiration date of your sentence provided
you do not violate the conditions of release, in which case the
Commission retains jurisdiction to the original full term date
of your sentence.

If you are not paroled and have less than 180
days left on your sentence when you are released, you will be
released without supervision.

If you are serving a special parole
term your supervision will terminate at the full term date.  The
180 day date does not apply.



### 31. If the Parole Commission grants parole, when will I be
released?

If your parole plan is complete and has been approved
by the Parole Commission following an investigation by the United
States Probation Officer, you will be released on the date set
by the Commission (assuming, of course, that your parole is not
retarded or rescinded for misconduct or for some other reason).
 If your plan is not approved, your release may be delayed regardless
of the effective date which the Commission set when it granted
your parole.



### 32. What type of release plan must I have?

Your release plan
should normally include a suitable residence and a verified offer
of employment.  A parole advisor is necessary only if the Commission
or the United States Probation Officer specifically says that
one should be obtained. There are exceptions.  For example, a
definite job is sometimes neither necessary nor possible.  The
Commission always considers the individual's situation and may
waive this or any other standard requirement if it sees fit to
do so.  On the other hand, special requirements may be added and
must be met before release.



### 33. How can I get a job while I am still in the institution?

Relatives, friends, and social agencies in the community where
you wish to live or former employers are likely contacts.  If
you are released through a Community Corrections Center this is
also a time during which you may find employment.

Job offers are investigated by the United States Probation Officer to whom
you will report, and that officer reports back to the institution
and the Parole Commission.



### 34. What types of jobs are suitable for a parolee?

In most cases, any legitimate employment is normally acceptable.  Full
time work is preferable to parttime; work done continuously at
one location generally is better than work which makes travel
necessary.  It is also expected that the job you obtain will provide
enough income for yourself and your dependents.

In a particular
case the Parole Commission may rule specifically against certain
employment.  If, for example, the original offense behavior involved
abuse of a certain occupational position and there would be a
likelihood of further criminal conduct if you returned to such
employment then that employment may be denied.



### 35. What can I do if I have no home to go to?

The Commission
is interested in your having a suitable place to live.  Sometimes
this is with family or relatives, but in other cases the Commission
may consider an independent living agreement more suitable.  There
is no rigid rule which requires that you be paroled to your home
if you have one, or that you cannot be paroled if you do not.



### 36. Must I return to the community from which I came?

In most instances you will be released to the Judicial District in which
you were convicted or the Judicial District of your legal residence.
 Your former community may offer the best opportunity for the
help and support you will need.  If the Commission believes, however,
that your chance of success on parole is greater in another community,
it may order residence in a different Judicial District.



### 37. After I am released, to whom and when do I report?

Unless you are released to a detainer, you will go to your approved residence
and report within three days to the United States Probation Office
shown on your release certificate.    You continue to report to
your Probation Officer in person as instructed by him.  In addition,
monthly written reports are required as long as you remain under
supervision on your sentence.



### 38. Upon what conditions am I released on parole or mandatory
release?

The conditions are indicated on the release certificate
presented to you when you are released or on the Notice of Action.



### 39. May any of the conditions of release be changed by the
Commission?

If you believe the conditions on your Certificate
of Release are unfair, you may ask your Case Manager for an appeal
form and submit it to the Regional Commissioner within 30 days
after you are released.  The Commission will consider your appeal
and you will be notified of the decision.  While your appeal is
pending, you must continue to abide by the conditions imposed.



### 40. After I am released may any of the conditions be changed;
or can additional ones be imposed?

The Probation Officer or the
Commission itself may propose changing or adding to the conditions.
 You will be notified of any such proposal and will be allowed
up to ten days to make any written comments you wish to the Commission.
 A form for this purpose will be available and you can use it
for your comments if you wish.  You may write directly to the
Commission (with a copy to your Probation Officer) if you wish
to have any of the conditions amended or deleted and your request
will be considered.



### 41. May I be required to go into a half-way house or undergo
some course of treatment for drug or alcohol use while under 
supervision?

Federal law permits the Commission to require you to participate
in any of the programs mentioned for all or part of your time
under supervision.  In most cases, you will be notified in advance
and may submit your comments about the proposal to the Commission
before the final decision is made.



### 42. May I own, use or possess firearms after my release?

Except
in very rare situations, federal law forbids anyone who has ever
been convicted of a felony from possessing firearms or ammunition.
 Generally, therefore, you will not be permitted to own or possess
a firearm or ammunition.  Further information may be obtained
from your Probation Officer.



### 43. How long will I remain under supervision after my release?

If you are paroled, you will remain under the jurisdiction of
the Parole Commission and under supervision of your Probation
Officer until the maximum expiration date of your sentence, unless
the Commission terminates supervision earlier.  If your supervision
is terminated early, you will be given a Certificate of Early
Termination.

If you are not paroled and are instead mandatorily
released, your supervision automatically ends 180 days before
the maximum expiration date, unless the Commission terminates
your supervision earlier and issues you a Certificate of Early
Termination.



### 44. How does the Commission decide whether to terminate my
supervision early?

Your Probation Officer will submit an annual
report to the Commission about your adjustment in the community.
 After reviewing the report including any recommendations, the
Commission may decide to terminate your supervision early.  By
law, the Commission must consider your case after your second
year in the community (not counting any time spent in confinement
since your release), and every year thereafter.

After five years
of supervision in the community the Commission must terminate
your supervision unless it finds that there is a likelihood that
you will engage in conduct violating any law.  Any finding of
that nature will be made only after you have had an opportunity
for a personal hearing.  You may choose to waive the hearing if
you wish.



### 45. What happens if I violate the conditions of parole or
mandatory release?

Your Probation Officer reports the violation
to the Parole Commission and a Commissioner determines the appropriate
sanctions, including the possibility of issuance of a warrant
for your arrest or a summons for you to appear at a hearing. 
The Probation Officer is required to report any and all violations,
but may recommend that you be continued under supervision.  His/her
recommendation is one of the factors considered by the Commission
in its decision.



### 46. Who issues a warrant or summons if I violate parole or
mandatory release?

Only a Parole Commissioner may issue a warrant
or a summons for a violation of the conditions of release.



### 47. After a WARRANT OR SUMMONS is issued, What happens Then?

You are either taken into custody or summonsed to appear at a
hearing.  Custody is usually in the nearest government approved
jail or detention center.  Unless you have been convicted of a
new offense, a Probation Officer will personally advise you of
your legal rights and conduct a preliminary interview.  The Probation
Officer will discuss the charges which have been placed against
you and then submit a report to the Commission.  In this report,
the Probation Officer will recommend whether there is "probable
cause" to believe that a violation has occurred and whether
you should be held in custody pending a revocation hearing or
be reinstated to supervision.  The Probation Officer will advise
you of the recommendation and the basis for it.

After the Probation
Officer's report is received, the Regional Commissioner will either
order you reinstated to supervision or order you held for a revocation
hearing by a Hearing Examiner.

If you were convicted of a new
offense, you are not entitled to a preliminary interview because
the conviction is sufficient evidence that you did violate the
conditions of your release.  In such case, you may be transported
without delay to a federal institution for your revocation hearing.



### 48. May I have an attorney at my preliminary interview and
revocation hearing?

Yes, you are entitled to an attorney of your
choice (or have one appointed by the court if you cannot afford
to pay for one).  It is your responsibility to keep your attorney
advised as to the time and place of the hearing.



### 49. Where are the revocation hearings held?

Generally, revocation
hearings are held after your return to a federal institution.
 Such institutional hearings are held within 90 days from the
time you were taken into custody on the basis of the Commission's
warrant.

If there are sufficient reasons to do so, the Commission
may order your revocation hearing held in your own community or
in the community where you were arrested.  You will be entitled
to such a hearing only if you deny that you violated any of the
conditions of release and if you were not convicted of a crime
while under supervision.  If you request a local revocation hearing
you must complete a form which will be provided to you for that
purpose.  There is a penalty for false answers on this form, and
a denial of violation must be honestly made.  Local revocation
hearings are generally held within 60 days from the date the Regional
Commissioner finds "probable cause" that you violated
parole or mandatory release.



### 50. 
May I have the Probation Officer, the Police Officer of anyone else 
who submitted information about me present at the revocation hearing?

You have the right to ask for such "adverse
witnesses" at a local revocation hearing and they will be
either invited or subpoenaed to appear unless the Commission feels
they should not appear and has cause for not having them there.
 Witnesses may be cross-examined by you or your attorney.  If
the Commission finds that any such adverse witnesses should not
appear, they may be asked to submit a statement instead, and you
will be allowed to see such statement.  You may also have voluntary
witnesses appear at your hearing to testify on your behalf.



### 51. If my hearing is held in a Federal institution rather
than locally, may I also have an attorney and witnesses?

Yes, except that you are not entitled to "adverse witnesses"
at an institutional hearing.



### 52. If the Commission revokes my parole or mandatory release,
do I get any credit on my sentence for the time I was under supervision?

Generally, if you are convicted of a new law violation you are
not entitled to credit for any of the time you were under supervision
unless you are serving a YCA or NARA commitment.  You are also
not entitled to credit for any time you intentionally failed to
respond or report to your Probation Officer or after you absconded
from your area and the Probation Officer did not know where you
were living.  For violation of any of the other noncriminal conditions,
you generally will be credited for all of the time you were under
supervision in the community.



### 53. If I am revoked rather than reinstated to supervision
or if I am not reparoled immediately, how long must I serve before
the Commission reviews my case again?

The Commission utilizes
its guidelines to help in determining the length of time you should
serve.  The guidelines are the same ones used for inmates who
apply for their initial parole hearings.  Decisions, of course,
can be made above or below the guidelines for good cause.



### 54. If I have more questions, whom do I ask?

While you are
in the institution, talk with your Case Manager or counselor.
 After you are released, contact your Probation Officer.



Return to the U.S. Parole Commision Home Page.



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