Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70663

1Multiplying (A) the rehearing range in the

current D.C. guidelines by (B) [the Base Point Score

minus 3 points] (the number of rehearings required

before parole assuming no disciplinary infractions

and ordinary program achievement) produces the

Base Point Range. For example, an inmate with a

Base Point Score of 6 with no disciplinary

infractions and ordinary program achievement at

each hearing would have two rehearing range of 18–

24 months each before the guidelines indicated

parole. This translates to a guideline range of the

Parole Eligibility Date plus 36–48 months. For most

cases, the results under the current system lumps

together certain dissimilar cases; for example, under

the current system, an offender with a case point

score of 5 who has outstanding program

achievement and no disciplinary infractions will

serve the same amount of time as an offender with

ordinary program achievement.

2. Section 522.2477 is amended in the

first sentence of paragraph (b) by

removing ‘‘(d)(3)’’ and by adding in its

place ‘‘(d)(3)(i)(A), (d)(3)(ii), and

(d)(3)(iii)’’; in the second sentence of

paragraph (b) by removing ‘‘(d)(3)’’ and

by adding in its place ‘‘(d)(3)(i)(A),

(d)(3)(i)(B), (d)(3)(ii), and (d)(3)(iii)’’;

and by revising paragraph (d)(3)(i) to

read as follows:

§ 522.2477 Trenbolone acetate and

estradiol.

* * * * *

(d) * * *

(3) * * *

(i) Amount. (A) 40 mg trenbolone

acetate and 8 mg estradiol (one implant

consisting of 2 pellets, each pellet

containing 20 mg trenbolone acetate and

4 mg estradiol) per implant dose.

(B) 40 mg trenbolone acetate and 8 mg

estradiol (one implant consisting of 3

pellets, each of 2 pellets containing 20

mg trenbolone acetate and 4 mg

estradiol, and 1 pellet containing 29 mg

tylosin tartrate) per implant dose.

* * * * *

Dated: October 11, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–30049 Filed 11–24–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Paroling, Recommitting, and

Supervising Federal Prisoners:

Prisoners Serving Sentences Under

the District of Columbia Code

AGENCY: United States Parole

Commission, Justice.

ACTION: Final rule.

SUMMARY: The U.S. Parole Commission

is revising the guidelines that govern its

decisions to grant and deny parole in

the case of prisoners serving sentences

for felony crimes under the District of

Columbia Code. The revised guidelines

convert the rehearing ranges into a

single range indicating the total prison

time that may be served by the inmate,

and authorizes the setting of

presumptive release dates up to 36

months from the date of the parole

hearing. However, the Point Assignment

Table remains the basis upon which the

guidelines are determined. The

Commission is adopting this rule

change to improve understanding by

inmates and the public as to the impact

that the guidelines will have in

individual cases, and to facilitate

successful release planning in advance

of parole.

EFFECTIVE DATE: January 2, 2001.

FOR FURTHER INFORMATION CONTACT:

Office of General Counsel, U.S. Parole

Commission, 5550 Friendship Blvd.,

Chevy Chase, Maryland 20815,

telephone (301) 492–5959. Questions

about this publication are welcome, but

public inquiries concerning individual

cases cannot be answered.

SUPPLEMENTARY INFORMATION: The

Commission has voted to revise 28 CFR

2.80 so as to make the guidelines for

D.C. Code offenders more

understandable to inmates and the

public, fairer and easier to administer.

The revised rule will (1) enhance the

ability of inmates and the public,

including victims of crime, to

understand the guidelines and their

impact in individual cases by allowing

each inmate’s Base Point Score to

determine an overall guideline range

showing the total time the inmate is

expected to serve before release on

parole; (2) provide more information to

inmates as to their actual expected

release dates by authorizing

presumptive release dates up to 36

months from the date of the most recent

parole hearing (contingent upon good

conduct and development of an

adequate release plan); (3) facilitate

release planning by setting such

presumptive release dates; (4) eliminate

anomalies in the current system that

disadvantage inmates whose rehearings

are delayed through no fault of their

own or who are encouraged by staff to

waive parole reconsideration until they

complete institutional programs; and (5)

reduce the maximum allowable time

between parole consideration hearings

from five years to three years (except for

an offense in which death results and

the offender is more than three years

below his or her applicable guideline

range). Moreover, the revised rule

contains a presumptive credit for

‘‘ordinary program achievement,’’

which currently must be determined on

a case-by-case basis, in the guideline

range itself. Hence, inmates will now

receive the benefit of having their

‘‘ordinary program achievement’’ points

credited in advance.

Public comment was received on this

rule in response to the proposals

published at 65 FR 26789 (May 8, 2000).

In general, the comment was favorable

as to the establishing of presumptive

release dates and the general limitation

of continuances to 36 months. However,

there were complaints that the proposed

rule was difficult to understand and

apply. Confusion was, in all likelihood,

caused by the Commission having

published alternative options of the

proposal for public comment. The

Commission believes that the version

adopted herein (Option 2, modified by

increasing the credit for superior

program achievement from 25 percent to

331⁄3 percent) is straightforward and will

be readily understood by prisoners and

their representatives.

Summary of the Final Rule

The revised version of § 2.80

eliminates the Total Point Score from

the Point Assignment Table (i.e., the

system of adding or subtracting points

for post-incarceration factors), and

eliminates the system of determining at

each hearing (based on the Total Point

Score) whether the inmate qualifies for

parole at that time. It substitutes the

following decisionmaking procedure.

Under Step 1, a Base Guideline Range

is determined from the Base Point

Score. There is no change from the Base

Point Score used in § 2.80. The time

expected for the inmate to qualify for

parole (assuming no disciplinary

infractions and ordinary program

achievement) is simply made explicit.1

Under Step 2, the Parole Eligibility Date

is recorded. Under Step 3, a

Disciplinary Guideline Range is

determined (if there are any disciplinary

infractions) based on the time ranges

prescribed at § 2.36. Under Step 4, a

Superior Program Achievement Award

(if superior program achievement is

found) is determined. The Superior

Program Achievement Award is based

on the number of months of superior

program achievement on the inmate’s

prison record (i.e., program achievement

that would have qualified for a twopoint deduction under the current

system that this rule will replace).

Under Step 5, Base Point Guideline

Range, Parole Eligibility Date,

Disciplinary Range, and the Superior

Program Achievement Award are

combined, at the initial hearing, into a

70664 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations

Total Guideline Range. This will make

clear to the inmate the amount of time

he or she may expect to serve with

continued good conduct and ordinary

program achievement. The impact of

superior program achievement as well

as disciplinary infractions will also be

made clear. Equally importantly, if

release within three years is deemed

appropriate by the Commission, the

inmate can be given a presumptive

release date (contingent upon continued

good behavior and the development of

a satisfactory release plan). Otherwise,

the inmate is continued for a rehearing,

normally at 36 months, when the

granting of a presumptive release date

will again be considered. At each

rehearing, the Total Guideline Range

from the previous hearing is used as the

starting point and is modified by adding

the amount, if any, from Step 3 (based

on conduct since the last hearing) and

subtracting the amount, if any, from

Step 4 (based on conduct since the last

hearing). The result is the Total

Guideline Range to be used at the

rehearing.

In the Commission’s opinion,

presumptive release dates allow inmates

to plan for their release, and have

proved a strong incentive for continued

good conduct. Additionally, with

presumptive release dates, the final

review nine months before release (to

ensure that the inmate has continued

good conduct and to consider any

additional outstanding program

achievement) can be conducted on the

record rather by personal hearing. This

is administratively more efficient and

reduces the possibility of delay in

scheduling the final hearing (such as

delays caused by the transfer of inmates

between facilities) that may adversely

impact the actual release date. Only if

serious institutional misconduct is

found at this record review would an inperson rehearing be ordered by the

Commission.

Implementation

This revision of 28 CFR 2.80 will be

applied prospectively to all D.C. Code

adult prisoners who receive their initial

hearings on or after December 4, 2000.

It will also be applied retroactively at

the next scheduled rehearing (e.g., to

permit the setting of a presumptive

release date) to all D.C. Code adult

prisoners previously heard under § 2.80

who have received no positive or

negative points for disciplinary

infractions or for superior program

achievement at any hearing. The current

version of § 2.80 will appear in an

appendix to § 2.80 and will continue to

be applicable to all prisoners previously

heard under § 2.80 who received points

for disciplinary infractions or superior

program achievement at any previous

hearing, all prisoners sentenced under

the Youth Rehabilitation Act, and all

prisoners given initial hearings prior to

August 5, 1998.

Regulatory Assessment Requirements

The U.S. Parole Commission has

determined that this final rule does not

constitute a significant rule within the

meaning of Executive Order 12866. The

final 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 nonagency parties pursuant to section

804(3)(C) of the Congressional Review

Act.

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, Prisoners, Probation and

parole.

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 2.75 is revised to read as

follows:

§ 2.75 Reconsideration proceedings.

(a)(1) Prisoners subject to guidelines

at § 2.80. (i) In the case of a prisoner

subject to the guidelines at § 2.80, the

Commission may, following an initial or

subsequent hearing:

(A) Set an effective parole date within

nine months of the date of the hearing;

(B) Set a presumptive parole date at

least ten months but not more than three

years from the date of the hearing;

(C) Continue the prisoner to the

expiration of sentence if the prisoner’s

mandatory release date is within three

years of the date of the hearing; or

(D) Schedule a reconsideration

hearing at three years from the month of

the hearing.

(ii) Exception: If the prisoner’s current

offense behavior resulted in the death of

a victim and the prisoner is more than

three years below the minimum of the

applicable guideline range at the time of

the hearing, the Commission may, in its

discretion, schedule a reconsideration

hearing at a later date that does not

exceed the minimum of the applicable

guideline range and is not more than

five years from the month of the last

hearing.

(2) Prisoners subject to guidelines at

the appendix to § 2.80. (i) In the case of

a prisoner subject to the guidelines at

the appendix to § 2.80, if the

Commission denies parole, it shall

establish an appropriate reconsideration

date in accordance with the provisions

of the appendix to § 2.80. If the

prisoner’s mandatory release date will

occur before the reconsideration date

deemed appropriate by the Commission

pursuant to the appendix to § 2.80, the

Commission may order that the prisoner

be released by the expiration of his

sentence less good time (‘‘continue to

expiration’’).

(ii) The first reconsideration date shall

be calculated from the prisoner’s

eligibility date, except that in the case

of a youth offender or any prisoner who

has waived the initial hearing, the first

reconsideration date shall be calculated

from the date the initial hearing is held.

In all cases, any subsequent

reconsideration date shall be calculated

from the date of the last hearing. In the

case of a waiver or substantial delay in

holding the initial hearing, the

Commission may conduct a combined

initial hearing and such rehearings nunc

pro tunc as would otherwise have been

held during the delay.

(iii) Notwithstanding the provisions of

paragraph (a)(2)(i) of this section, the

Commission shall not set a

reconsideration date in excess of five

years from the date of the prisoner’s last

hearing, nor shall the Commission

continue a prisoner to the expiration of

his or her sentence, if more than five

years remains from the date of the last

hearing until the prisoner’s scheduled

mandatory release.

(b) When a rehearing is scheduled, the

prisoner shall be given a rehearing

during the month specified by the

Commission, or on the docket of

hearings immediately preceding that

month if no docket of hearings is

scheduled for the month specified.

(c) At a reconsideration hearing, the

Commission may take any action that it

could take at an initial hearing. The

scheduling of a reconsideration hearing

does not imply that parole will be

granted at such hearing.

(d) Prior to a parole reconsideration

hearing, the Commission shall review

the prisoner’s record, including an

institutional progress report which shall

be submitted 60 days prior to the

hearing. Based on its review of the

record, the Commission may grant an

effective date of parole without

Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70665

conducting the scheduled in-person

hearing.

(e) Notwithstanding a previously

established reconsideration hearing, the

Commission may reopen any case for a

special reconsideration hearing, as

provided in § 2.28, upon the receipt of

new and significant information

concerning the prisoner.

3. Section 2.80 is revised to read as

follows:

§ 2.80 Guidelines for D.C. Code offenders.

(a) Applicability. This guideline

applies to any initial hearing for an

adult prisoner conducted on or after

December 4, 2000, and any rehearing for

an adult prisoner who was given an

initial hearing on or after August 5,1998,

but before December 4, 2000, and who

did not receive any positive points for

disciplinary infractions or negative

points for superior program

achievement at the initial hearing or any

rehearing conducted before December 4,

2000. Any other prisoner will continue

to have his case decided under the rule

previously in effect (as set forth in the

appendix to this section).

(b) Guidelines. In determining

whether an eligible prisoner should be

paroled, the Commission shall apply the

guidelines set forth in this section. The

guidelines assign numerical values to

pre-and post-incarceration factors.

Decisions outside the guidelines may be

made, where warranted, pursuant to

paragraph (n) of this section.

(c) Salient factor score and criminal

record. The prisoner’s Salient Factor

Score shall be determined by reference

to the Salient Factor Scoring Manual in

§ 2.20. The Salient Factor Score is used

to assist the Commission in assessing

the probability that an offender will live

and remain at liberty without violating

the law. The prisoner’s record of

criminal conduct (including the nature

and circumstances of the current

offense) shall be used to assist the

Commission in determining the

probable seriousness of the recidivism

that is predicted by the Salient Factor

Score.

(d) Disciplinary infractions. The

Commission shall assess whether the

prisoner has been found guilty of

committing significant disciplinary

infractions while under confinement for

the current offense.

(e) Program achievement. (1) The

Commission shall assess whether the

prisoner has demonstrated ordinary or

superior achievement in the area of

prison programs, industries, or work

assignments while under confinement

for the current offense. Superior

program achievement means program

achievement that is beyond the level

that the prisoner might ordinarily be

expected to accomplish. Credit for

program achievement may be granted

regardless of whether the guidelines for

disciplinary infractions have been

applied for misconduct during the same

period. The guidelines in this section

presume that the prisoner will have

ordinary program achievement.

(2) In the case of a prisoner who has

declined to participate in institutional

programming, a decision in the upper

half of the applicable guideline range

generally will be warranted, except that

in the case of a prisoner who has a base

point score of 3 or less, or who has a

criminal record involving violence or

sexual offenses and who has not

participated in available programming

to address a potential for criminal

behavior of a violent or sexual nature,

a decision above the guidelines may be

warranted.

(f) Base point score. Add the

applicable points from Categories I–III

of the Point Assignment Table to

determine the base point score.

POINT ASSIGNMENT TABLE

Categories Points

CATEGORY I: RISK OF RECIDIVISM (Salient Factor Score)

10–8 (Very Good Risk) .................................................................................................................................................................................... +0

7–6 (Good Risk) .............................................................................................................................................................................................. +1

5–4 (Fair Risk) ................................................................................................................................................................................................. +2

3–0 (Poor Risk) ................................................................................................................................................................................................ +3

CATEGORY II: CURRENT OR PRIOR VIOLENCE (Type of Risk)

Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0.

A. Violence in current offense, and any felony violence in two or more prior offenses ................................................................................. +4

B. Violence in current offense, and any felony violence in one prior offense ................................................................................................ +3

C. Violence in current offense ......................................................................................................................................................................... +2

D. No violence in current offense and any felony violence in two or more prior offenses ............................................................................. +2

E. Possession of firearm in current offense if current offense is not scored as a crime of violence ............................................................. +2

F. No violence in current offense and any felony violence in one prior offense ............................................................................................ +1

CATEGORY III: DEATH OF VICTIM OR HIGH LEVEL VIOLENCE

Note: Use highest applicable subcategory. If no subcategory is applicable, score = 0. A current offense that involved high level violence must be

scored under both Category II (A, B, or C) and under Category III.

A. Current offense was high level or other violence with death of victim resulting ........................................................................................ +3

B. Current offense involved attempted murder, conspiracy to murder, solicitation to murder, or any willful violence in which the victim

survived despite death having been the most probable result at the time the offense was committed +2

C. Current offense involved high level violence (other than the behaviors described above) +1

BASE POINT SCORE (Total of Categories I–III)

(g) Definitions and instructions for

application of point assignment table.

(1) Salient factor score means the

salient factor score set forth at § 2.20.

(2) High level violence in Category III

means any of the following offenses—

(i) Murder;

(ii) Voluntary manslaughter;

(iii) Arson of a building in which a

person other than the offender was

present or likely to be present at the

time of the offense;

70666 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations

(iv) Forcible rape or forcible sodomy

(first degree sexual abuse);

(v) Kidnapping, hostage taking, or any

armed abduction of a victim during a

carjacking or other offense;

(vi) Burglary of a residence while

armed with any weapon if a victim was

in the residence during the offense;

(vii) Obstruction of justice through

violence or threats of violence;

(viii) Any offense involving sexual

abuse of a person less than sixteen years

of age;

(ix) Mayhem, malicious

disfigurement, or any offense defined as

other violence in paragraph

(g)(4) of this section that results in

serious bodily injury as defined in

paragraph (g)(3) of this section;

(x) Any offense defined as other

violence in paragraph (g)(4) of this

section in which the offender

intentionally discharged a firearm;

(3) Serious bodily injury means bodily

injury that involves a substantial risk of

death, unconsciousness, extreme

physical pain, protracted and obvious

disfigurement, or protracted loss or

impairment of the function of a bodily

member, organ, or mental faculty.

(4) Other violence means any of the

following felony offenses that does not

qualify as high level violence

(i) Robbery;

(ii) Residential burglary;

(iii) Felony assault;

(iv) Felony offenses involving a threat,

or risk, of bodily harm;

(v) Felony offenses involving sexual

abuse or sexual contact;

(vi) Involuntary manslaughter

(excluding negligent homicide).

(5) Attempts, conspiracies, and

solicitations shall be scored by reference

to the substantive offense that was the

object of the attempt, conspiracy, or

solicitation; except that Category IIIA

shall apply only if death actually

resulted.

(6) Current offense means any

criminal behavior that is either:

(i) Reflected in the offense of

conviction, or

(ii) Is not reflected in the offense of

conviction but is found by the

Commission to be related to the offense

of conviction (i.e., part of the same

course of conduct as the offense of

conviction). In probation violation

cases, the current offense includes both

the original offense and the violation

offense, except that the original offense

shall be scored as a prior conviction

(with a prior commitment) rather than

as part of the current offense, if the

prisoner served more than six months in

prison for the original offense before his

probation commenced

(7) Category IIE applies whenever a

firearm is possessed by the offender

during, or is used by the offender to

commit, any offense that is not scored

under Category II(A-D). Category IIE also

applies when the current offense is

felony unlawful possession of a firearm

and there is no other current offense.

Possession for purposes of Category IIE

includes constructive possession.

(8) Category IIIA applies if the death

of a victim is:

(i) Caused by the offender, or

(ii) Caused by an accomplice and the

killing was planned or approved by the

offender in furtherance of a joint

criminal venture.

(h) Determining the base guideline

range. Determine the base guideline

range for adult prisoners from the

following table:

Base point score

Base guideline range

(months)

3 or less .................................... 0

4 ................................................ 12–18

5 ................................................ 18–24

6 ................................................ 36–48

7 ................................................ 54–72

8 ................................................ 72–96

9 ................................................ 110–140

10 .............................................. 136–172

(i) Months to parole eligibility.

Determine the total number of months

until parole eligibility.

(j) Guideline range for disciplinary

infractions. Determine the applicable

guideline range from § 2.36 for any

significant disciplinary infractions since

the beginning of confinement on the

current offense in the case of an initial

hearing, and since the last hearing in the

case of a rehearing. If there are no

significant disciplinary infractions, this

step is not applicable.

(k) Guidelines for superior program

achievement. If superior program

achievement is found, the award for

superior program achievement shall be

one-third of the number of months

during which the prisoner demonstrated

superior program achievement. The

award is determined on the basis of all

time in confinement on the current

offense in the case of an initial hearing,

and on the basis of time in confinement

since the last hearing in the case of a

rehearing. If superior program

achievement is not found, this step is

not applicable.

Note: When superior program achievement

is found, it is presumed that the award will

be based on the total number of months since

the beginning of confinement on the current

offense in the case of an initial hearing, or

since the last hearing in the case of a

rehearing. Where, however, the Commission

determines that the prisoner did not have

superior program achievement during the

entire period, it may base its decision solely

on the number of months during which the

prisoner had superior program achievement.

(l) Determining the total guideline

range at an initial hearing. At an initial

hearing

(1) Add together the minimum of the

base point guideline range (from

paragraph (h) of this section), the

number of months required by the

prisoner’s parole eligibility date (from

(i) of this section), and the minimum of

the guideline range for disciplinary

infractions, if applicable (from

paragraph (j) of this section). Then

subtract the award for superior program

achievement, if applicable (from

paragraph (k) of this section). The result

is the minimum of the Total Guideline

Range.

(2) Add together the maximum of the

base point guideline range (from

paragraph (h) of this section), the

number of months required by the

prisoner’s parole eligibility date (from

paragraph (i) of this section), and the

maximum of the guideline range for

disciplinary infractions, if applicable

(from paragraph (j) of this section). Then

subtract the award for superior program

achievement, if applicable (from

paragraph (k) of this section). The result

is the maximum of the Total Guideline

Range.

(m) Determining the total guideline

range at a reconsideration hearing. At a

reconsideration hearing—

(1) Add together the minimum of the

Total Guideline Range from the

previous hearing, and the minimum of

the guideline range for disciplinary

infractions since the previous hearing, if

applicable (from paragraph (j) of this

section). Then subtract the award for

superior program achievement, if

applicable (from paragraph (k) of this

section). The result is the minimum of

the Total Guideline Range for the

current hearing.

(2) Add together the maximum of the

Total Guideline Range from the

previous hearing, and the maximum of

the guideline range for disciplinary

infractions since the previous hearing, if

applicable (from paragraph (j) of this

section). Then subtract the award for

superior program achievement since the

previous hearing, if applicable (from

paragraph (k) of this section). The result

is the maximum of the Total Guideline

Range for the current hearing.

(n) Decisions outside the guidelines.

(1) The Commission may, in unusual

circumstances, grant or deny parole to a

prisoner notwithstanding the

guidelines. Unusual circumstances are

case-specific factors that are not fully

taken into account in the guidelines,

and that are relevant to the grant or

Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70667

denial of parole. In such cases, the

Commission shall specify in the notice

of action the specific factors that it

relied on in departing from the

applicable guideline or guideline range.

If the prisoner is deemed to be a poorer

or more serious risk than the guidelines

indicate, the Commission shall

determine what Base Point Score would

more appropriately fit the prisoner’s

case, and shall render its initial and

rehearing decisions as if the prisoner

had that higher Base Point Score. It is

to be noted that, in some cases, an

extreme level of risk presented by the

prisoner may make it inappropriate for

the Commission to contemplate a parole

at any hearing without a significant

change in the prisoner’s circumstances.

(2) Factors that may warrant a

decision above the guidelines include,

but are not limited to, the following:

(i) Poorer parole risk than indicated

by salient factor score. The offender is

a poorer parole risk than indicated by

the salient factor score because of—

(A) Unusually persistent failure under

supervision (pretrial release, probation,

or parole);

(B) Unusually persistent history of

criminally related substance (drug or

alcohol) abuse and resistance to

treatment efforts; or

(C) Unusually extensive prior record

(sufficient to make the offender a poorer

risk than the ‘‘poor’’ prognosis

category).

(ii) More serious parole risk. The

offender is a more serious parole risk

than indicated by the total point score

because of—

(A) Prior record of violence more

extensive or serious than that taken into

account in the guidelines;

(B) Current offense demonstrates

extraordinary criminal sophistication,

criminal professionalism in the

employment of violence or threats of

violence, or leadership role in

instigating others to commit a serious

offense;

(C) Unusual cruelty to the victim

(beyond that accounted for by scoring

the offense as high level violence), or

predation upon extremely vulnerable

victim;

(D) Unusual propensity to inflict

unprovoked and potentially homicidal

violence, as demonstrated by the

circumstances of the current offense; or

(E) Additional serious offense(s)

committed after (or while on bond or

fugitive status from) current offense that

show unusual capacity for sustained,

repeated violent criminal activity.

(3) Factors that may warrant a

decision below the guidelines include,

but are not limited to, the following:

(i) Better parole risk than indicated by

salient factor score. The offender is a

better parole risk than indicated by the

salient factor score because of

(applicable only to offenders who are

not already in the very good risk

category)—

(A) A prior criminal record resulting

exclusively from minor offenses;

(B) A substantial crime-free period in

the community for which credit is not

already given on the Salient Factor

Score;

(C) A change in the availability of

community resources leading to a better

parole prognosis;

(ii) Other factors:

(A) Unusually lengthy period of

incarceration on the minimum sentence

(in relation to the seriousness of the

offense and prior record) that warrants

an initial parole determination as if the

offender were being considered at a

rehearing;

(B) Substantial period in custody on

other sentence(s) sufficient to warrant a

finding in paragraph (n)(3) of this

section; or

(C) Clearly exceptional program

achievement.

Appendix to § 2.80

(a) Applicability. (1) The guidelines in this

Appendix apply to:

(i) Any adult offender who received an

initial hearing on or after August 5, 1998 and

before December 4, 2000, and who also

received positive points for disciplinary

infractions or negative points for superior

program achievement at any hearing (initial

or rehearing) during the above period; and

(ii) Any youth offender who received an

initial hearing on or after August 5, 1998.

(2) For prisoners whose initial hearings

were held prior to August 5, 1998, the

Commission shall render its decisions by

reference to the guidelines applied by the

D.C. Board of Parole. However, when a

decision outside such guidelines has been

made by the Board, or is ordered by the

Commission, the Commission may determine

the appropriateness and extent of the

departure by comparison with the guidelines

in this appendix. The Commission may also

correct any error in the calculation of the

D.C. Board’s guidelines.

(b) Guidelines. Apply § 2.80(b).

(c) Salient factor score and criminal record.

Apply § 2.80(c).

(d) Disciplinary infractions. The

Commission shall assess whether the

prisoner has been found guilty of committing

disciplinary infractions while under

confinement for the current offense. The

Commission shall refer to the offense

classification tables of the D.C. Department of

Corrections or the Bureau of Prisons, as

applicable, in determining whether the

prisoner’s disciplinary record should be

counted on the point score. A single Class I

or Code 100 offense, or two or more Class II

or Code 200 offenses, shall be counted as

negative institutional behavior at an initial

hearing or any rehearing. A persistent record

of lesser offenses may also be counted as

negative institutional behavior at an initial

hearing or a rehearing. At initial hearings, an

infraction-free period of at least three years

preceding the date of the hearing may be

considered by the Commission as sufficient

to exclude from consideration a previous

record of Class I (or Code 100) or Class II (or

Code 200) offenses, provided that such

offenses would result in not more than one

point added to the prisoner’s score.

(e) Program achievement. The Commission

shall assess whether the prisoner has

demonstrated ordinary or superior

achievement in the area of prison programs,

industries, or work assignments while under

confinement for the current offense. Superior

Program Achievement means program

achievement that is beyond the level that the

prisoner might ordinarily be expected to

accomplish. Where prison programs and

work assignments are limited or unavailable,

the Commission may exercise discretion

based on the prisoner’s record of behavior.

Points may be deducted for program

achievement regardless of whether points

have been added for negative institutional

behavior during the same period.

(f) Base Point Score. Add the applicable

points from Categories I–III of the Point

Assignment Table in § 2.80 (f) to determine

the Base Point Score (using the definitions in

§ 2.80(g)).

(g) Negative institutional behavior.

Determine the points applicable, if any, for

negative institutional behavior (Category IV).

CATEGORY IV: NEGATIVE INSTITUTIONAL BEHAVIOR

Notes:

(1) Use the highest applicable subcategory. If no subcategory is applicable, score = 0.

(2) In some cases, negative institutional behavior that involves violence will result in a higher score if scored as an additional

current offense under Categories II and/or III, than if scored under Category IVA. In such cases, the prisoner’s point score is recalculated

to reflect the conduct as an additional current offense under Categories II and/or III, rather than as a disciplinary infraction under

Category IVA. For example, the attempted murder of another inmate will result in a higher score when treated as an additional

current offense under Categories II and III, if the offense of conviction was scored under Category IIC only as violence in current

offense. If negative institutional behavior is treated as an additional current offense, points may nonetheless be assessed under Category

IVA or B for other disciplinary infractions.

70668 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations

A. Aggravated negative institutional behavior involving: (1) assault upon a correctional staff member, with bodily harm inflicted

or threatened, (2) possession of a deadly weapon, (3) setting a fire so as to risk human life, (4) introduction of drugs for purposes of distribution, or (5) participating in a violent demonstration or riot ........................................................................................ +2

B. Ordinary negative institutional behavior ................................................................................................................................................. +1

(h) Superior program achievement. Determine the (minus) points applicable, if any, for superior or ordinary program achievement

(Category V).

CATEGORY V: PROGRAM ACHIEVEMENT

Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0.

A. No program achievement .......................................................................................................................................................................... 0

B. Ordinary program achievement ................................................................................................................................................................ ¥1

C. Superior program achievement ................................................................................................................................................................. ¥2

(i) Determine the Total Point Score by adding the Base Point Score (Categories I, II, and III) to any points applicable for Negative

Institutional Behavior (Category IV) and then subtracting any points applicable for Program Achievement (Category V).

(j) Guidelines for decisions at initial hearing—adult offenders. In considering whether to parole an adult offender at an initial

hearing, the Commission shall determine the offender’s Total Point Score and then consult the following guidelines for the appropriate

action:

Total points Guideline recommendation

(1) If Points =0 ................................ Parole at initial hearing with low level of supervision indicated.

(2) If Points =1 ................................ Parole at initial hearing with high level of supervision indicated.

(3) If Points =2 ................................ Parole at initial hearing with highest level of supervision indicated.

(4) If Points =3+ .............................. Deny parole at initial hearing and schedule rehearing in accordance with § 2.75(c) and the time ranges set

forth in paragraph (l) of this appendix.

(k) Guidelines for decisions at initial hearing—youth offenders. In considering whether to parole a youth offender at an initial

hearing, the Commission shall determine the youth offender’s total point score and then consult the following guidelines for the

appropriate action:

Total points Guideline recommendation

(1) If Points = 0 ............................... Parole at initial hearing with conditions established to address treatment needs.

(2) If Points = 1+ ............................. Deny parole at initial hearing and schedule a rehearing based on estimated time to achieve program objectives or by reference to the time ranges in paragraph (l) of this Appendix, whichever is less.

(l) Guidelines for time to rehearing—

adult offenders. (1) If parole is denied or

rescinded, the time to the subsequent

hearing for an adult offender shall be

determined by the following guidelines:

Base point score

(Categories I through III)

Months to

rehearing

0–4 ............................................ 12–18

5 ................................................ 18–24

6 ................................................ 18–24

7 ................................................ 18–24

8 ................................................ 18–24

9 ................................................ 22–28

10 .............................................. 26–32

(2) The time to a rehearing shall be

determined by the prisoner’s Base Point

Score, and not by the Total Point Score

at the current hearing, which indicates

only whether parole should be granted

or denied. Exception: In the case of

institutional misconduct deemed

insufficiently serious to warrant the

addition of one or more points for

negative institutional behavior, the

Commission may nonetheless deny or

rescind parole and render a decision

based on the guideline ranges at § 2.36.

(3) At any initial hearing or rehearing,

if the prisoner’s Total Point Score is 4

or less, the Commission may order both

a rehearing date and a presumptive

parole date that is not more than 9

months from the rehearing date. Such

presumptive date may be converted to a

parole effective date following the

rehearing, or the case may be reopened

based on new favorable information and

a parole effective date granted on the

record.

(m) Guidelines for decisions at

subsequent hearing—adult offenders. In

determining whether to parole an adult

offender at a rehearing or rescission

hearing, the Commission shall take the

Total Point Score from the initial

hearing or last rehearing, as the case

may be, and adjust that score according

to the institutional record of the

candidate since the last hearing. The

following guidelines are applicable:

Total points Guideline recommendation

If Points = 0–3 ................................. Parole with highest level of supervision indicated.

If Points = 4+ .................................. Deny parole at rehearing and schedule a further rehearing in accordance with § 2.75(c) and the time

ranges set forth in paragraph (l) of this appendix.

(n) Guidelines for decisions at subsequent hearing—youth offenders. (1) In determining whether to parole a youth

offender appearing at a rehearing or rescission hearing, the Commission shall take the Total Point Score from the

initial hearing or last rehearing, as the case may be, and adjust that score according to the institutional record of

the candidate since the last hearing. The following guidelines are applicable:

Total points Guideline recommendation

If Points = 0–3 ................................. Parole with highest level of supervision indicated.

Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70669

Total points Guideline recommendation

If Points = 4+ .................................. Deny parole and schedule a rehearing based on estimated time to achieve program objectives or by reference to the time ranges in paragraph (l) of this appendix, whichever is less.

(2) Prison officials may in any case

recommend an earlier rehearing date

than ordered by the Commission if the

Commission’s program objectives have

been met.

(o)(1) The Commission may, in

unusual circumstances, waive the

Salient Factor Score and the pre- and

post-incarceration factors set forth in

this section to grant or deny parole to

a prisoner notwithstanding the

guidelines, or to schedule a

reconsideration hearing at a time

different from that indicated in

paragraph (l) of this appendix. Unusual

circumstances are case-specific factors

that are not fully taken into account in

the guidelines, and that are relevant to

the grant or denial of parole. In such

cases, the Commission shall specify in

the notice of action the specific factors

that it relied on in departing from the

applicable guideline or guideline range.

For examples of factors that may

warrant a decision outside the

applicable guideline range, see § 2.80(n).

(2) If the prisoner is deemed to be a

poorer or more serious risk than the

guidelines indicate, the Commission

shall determine what Base Point Score

would more appropriately fit the

prisoner’s case, and shall render its

initial and rehearing decisions as if the

prisoner had that higher Base Point

Score. If possible, the factors justifying

such a departure shall be fully

accounted for in the initial continuance,

so that the guidelines can be followed

at subsequent hearings. In some cases,

however, an extreme level of risk

presented by the prisoner may make it

inappropriate for the Commission to

contemplate a parole at any hearing

without a significant change in the

prisoner’s circumstances.

4. Section 2.86 is revised to read as

follows:

§ 2.86 Release on parole; rescission for

misconduct.

(a) When a parole effective date has

been set, actual release on parole on that

date shall be conditioned upon the

individual maintaining a good conduct

record in the institution or prerelease

program to which the prisoner has been

assigned.

(b) The Commission may reconsider

any grant of parole prior to the

prisoner’s actual release on parole, and

may advance or retard a parole effective

date or rescind a parole date previously

granted based upon the receipt of any

new and significant information

concerning the prisoner, including

disciplinary infractions. The

Commission may retard a parole date for

disciplinary infractions (e.g., to permit

the use of graduated sanctions) for up to

120 days without a hearing, in addition

to any retardation ordered under

§ 2.83(d).

(c) If a parole effective date is

rescinded for disciplinary infractions,

an appropriate sanction shall be

determined—

(1) By reference to § 2.36 in the case

of a prisoner subject to the guidelines at

§ 2.80; or

(2) In the case of a prisoner subject to

the guidelines at the appendix to § 2.80,

either by adding the appropriate points

for negative institutional behavior to the

prisoner’s Total Point Score, or by

reference to § 2.36 if the misconduct is

not sufficiently serious to warrant a

continuance under § 2.80 (k). A Total

Point Score of 0–2 shall be adjusted to

a total point score of 3 prior to adding

points for negative institutional

behavior pursuant to the Point

Assignment Table at § 2.80(f).

(c) After a prisoner has been granted

a parole effective date, the institution

shall notify the Commission of any

serious disciplinary infractions

committed by the prisoner prior to the

date of actual release. In such case, the

prisoner shall not be released until the

institution has been advised that no

change has been made in the

Commission’s order granting parole.

(d) A grant of parole becomes

operative upon the authorized delivery

of a certificate of parole to the prisoner,

and the signing of that certificate by the

prisoner, who thereafter becomes a

parolee.

Dated: November 15, 2000.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 00–29963 Filed 11–24–00; 8:45 am]

BILLING CODE 4410–31–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2562; MM Docket No. 00–151; RM–

9942]

Radio Broadcasting Services;

Grapeland, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

232C3 at Grapeland, Texas, in response

to a petition filed by Grapeland

Broadcasting Company. See 65 FR

53973, September 6, 2000. The

coordinates for Channel 232C3 at

Grapeland are 31–29–30 NL and 95–28–

41 WL A filing window for Channel

232C3 at Grapeland will not be opened

at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective December 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 00–151,

adopted November 1, 2000, and released

November 9, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.