[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Rules and Regulations]
[Pages 70466-70478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29964]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Offenders Serving Terms of Supervised Release Imposed by the 
Superior Court of the District of Columbia

AGENCY: United States Parole Commission, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: The U.S. Parole Commission is publishing interim rules to 
govern the supervision of released prisoners who are serving terms of 
supervised release imposed by the Superior Court of the District of 
Columbia. The Commission has assumed this function pursuant to the 
National Capital Revitalization and Self-Government Improvement Act of 
1997. Under that Act, an offender who is convicted of a crime under the 
District of Columbia Code that was committed on or after August 5, 
2000, will receive a term of supervised release to follow the 
completion of the offender's term of imprisonment. Because parole is 
abolished for these offenders, supervised release will replace parole 
as the means of providing them with post-imprisonment supervision and 
treatment in order to minimize their chances of recidivism and protect 
the public safety.

DATES: Effective Date: December 26, 2000. Comments must be received by 
January 30, 2001.

ADDRESSES: Send comments to office of General Counsel, U.S. Parole 
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of the General 
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, 
Maryland 20815, telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: Under the National Capital Revitalization 
and Self-Government Improvement Act of 1977, the District of Columbia 
was required to amend the District of Columbia Code in order to 
accomplish major changes in sentencing for offenses committed on or 
after August 5, 2000. Among those changes was a requirement that parole 
be abolished for many offenses, and replaced by terms of supervised 
release to be imposed at the time of sentencing and served following 
release from imprisonment. The District of Columbia carried out these 
requirements through the Sentencing Reform Amendment Act

[[Page 70467]]

of 2000, which abolishes parole and establishes maximum terms of 
supervised release to be imposed at the time of sentencing, together 
with maximum penalties to be followed in the event a term of supervised 
release is revoked. This law applies only to offenders who are 
convicted of crimes committed on or after August 11, 2000. (It does not 
apply to offenders who are serving sentences that include eligibility 
for parole.)
    The Revitalization Act also provided that offenders who are 
sentenced to serve terms of supervised release imposed by the Superior 
Court of the District of Columbia shall be subject to the authority of 
the U.S. Parole Commission. The Commission was given the same authority 
over Superior Court supervised releasees as is exercised by the U.S. 
District Courts over federal supervised releasees under 18 U.S.C. 3583. 
The sole exception is that any extension of a term of supervised 
release imposed by the Superior Court must be ordered by the Superior 
Court. Further, the Revitalization Act specifies that the procedures to 
be followed by the Commission in exercising its authority over Superior 
Court supervised releasees are the procedures applicable to federal 
parolees under the Parole Commission and Reorganization Act of 1976, as 
set forth in Chapter 311 of Title 18, United States Code.
    The Commission is, accordingly, soliciting public comment on the 
regulations it proposes to adopt in order to carry out this new 
function. The interim regulations cover all aspects of the supervised 
release function, from the commencement of a term of supervised release 
and the setting of the conditions of release, to the procedures and 
penalty provisions governing the revocation process in a case where the 
conditions of release are violated by the releasee. The regulations 
implement the substantive provisions of 18 U.S.C. 3583 and D.C. Code 
24-1233 (the relevant provisions of the Revitalization Act), and 
incorporate the relevant procedural requirements of Chapter 311 of 
Title 18, U.S. Code, as implemented at 28 CFR part 2, subpart A.
    To assist the Commission in making the determinations required by 
the supervised release function, the Commission is also proposing to 
adopt guidelines both for early termination decisions and for decisions 
to reimprison following revocation of supervised release. The early 
termination guidelines are based on the guidelines currently applicable 
to D.C. Code parolees with respect to the release of such parolees from 
active supervision. See CFR 2.95 (2000). The guidelines for determining 
the length of any new term of imprisonment to be imposed upon 
revocation of supervised release are the reparole guidelines made 
applicable to federal parolees at 28 CFR 2.21 and to D.C. Code parolees 
at 28 CFR 2.81. However, the maximum authorized terms of reimprisonment 
and further supervised release that may be imposed upon revocation of 
supervised release are established by 18 U.S.C. 3583(h) and by the 
Sentencing Reform Amendment Act of 2000. These maximum penalty 
provisions, which are significantly different from those applicable in 
the context of parole revocations, are set forth in these regulations. 
Because the applicable penalties are determined by reference to the 
original offense of conviction, a comprehensive reference table is set 
forth in these interim regulations so that hearing examiners, 
supervised releasees, and their representatives, will clearly 
understand the limits within which the Commission's decision is to be 
made at a revocation hearing.
    These interim rules are being made effective as interim rules so 
that any offender who commences a term of supervised release in the 
near future can be effectively supervised pending consideration of 
final regulations. Public comment is invited on all aspects of these 
interim rules, and will be considered by the Commission prior to 
adopting final rules.

Implementation

    The interim regulations set forth below will be applied solely to 
offenders serving terms of supervised release that have been imposed by 
the Superior Court of the District of Colombia for crimes committed on 
or after August 5, 2000. There is no retroactive application to other 
offenders. Supervision will be provided by the Court Services and 
Offender Supervision Agency (CSOSA). In the case of terms of supervised 
release under the District of Columbia Code that are imposed by the 
U.S. District Court for the District of Columbia, such terms of 
supervised release will be under the exclusive jurisdiction of the U.S. 
District Court for the District of Columbia and supervision will be 
carried out by the U.S. Probation Office rather than CSOSA.

Regulatory Assessment Requirements

    The U.S. Parole Commission has determined that these interim rules 
do not constitute a significant rule within the meaning of Executive 
Order 12866. The rules 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 are deemed by the 
Commission to be rules of agency practice that will not substantially 
effect the rights or obligations of non-agency parties pursuant to 
Section 804(3)(C) of the Congressional Review Act.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Probation and parole, 
Prisoners.

The Amendment

    Accordingly, the U.S. Parole Commission is adopting the following 
amendment to 28 CFR part 2.

PART 2--[AMENDED]

    1. The authority citation for 28 CFR part 2 continues to read as 
follows:

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

    2. 28 CFR part 2 is amended to add a new subpart D consisting of 
Secs. 2.200 through 2.219, which is to read as follows:
Subpart D--District of Columbia Code Supervised Releasees
Sec.
2.200  Authority, jurisdiction and functions of the U.S. Parole 
Commission with respect to offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia.
2.201  Period of supervised release.
2.202  Prerelease procedures.
2.203  Certificate of supervised release.
2.204  Conditions of supervised release.
2.205   Confidentiality of supervised release records.
2.206   Travel approval and transfers of supervision.
2.207   Supervision reports to Commission.
2.208   Termination of a term of supervised release.
2.209   Order of termination.
2.210   Extension of term.
2.211   Summons to appear or warrant for retaking releasee.
2.212   Execution of warrant and service of summons.
2.213   Warrant placed as detainer and dispositional review.
2.214   Revocation; preliminary interview.
2.215   Place of revocation hearing.
2.216   Revocation hearing procedure.
2.217   Issuance of subpoena for appearance of witnesses or 
production of documents.
2.218   Revocation decisions.
2.219   Maximum terms of imprisonment and supervised release.

[[Page 70468]]

Subpart D--District of Columbia Code Supervised Releasees


Sec. 2.200  Authority, jurisdiction, and functions of the U.S. Parole 
Commission with respect to offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia.

    (a) The U.S. Parole Commission has jurisdiction, pursuant to D.C. 
Code 24-1233(c)(2), over all offenders serving terms of supervised 
release imposed by the Superior Court of the District of Columbia under 
the Sentencing Reform Amendment Act of 2000.
    (b) The U.S. Parole Commission shall have and exercise the same 
authority with respect to a term of supervised release as is vested in 
the United States district courts by 18 U.S.C. 3583(d) through(i), 
except that:
    (1) The procedures followed by the Commission in exercising that 
authority shall be those set forth with respect to offenders on federal 
parole at 18 U.S.C. 4209 through 4215 (Chapter 311 of 18 United States 
Code); and
    (2) An extension of a term of supervised release under subsection 
(e)(2) of 18 U.S.C. 3583 may only be ordered by the Superior Court upon 
motion from the Commission.
    (c) Within the District of Columbia, supervision of offenders on 
terms of supervised release under the Commission's jurisdiction is 
carried out by the Community Supervision Officers of the Court Services 
and Offender Supervision Agency (CSOSA), pursuant to D.C. Code 24-
1233(c)(2). Outside the District of Columbia, supervision is carried 
out by United States Probation Officers pursuant to 18 U.S.C. 3655. For 
the purpose of this subpart, any reference to a ``Supervision Officer'' 
shall include both a Community Supervision Officer of CSOSA and a 
United States Probation Officer in the case of a releasee who is under 
supervision outside the District of Columbia.


Sec. 2.201  Period of supervised release.

    A period of supervised release that is subject to the Commission's 
jurisdiction begins to run on the day the offender is released from 
prison and continues to the expiration of the full term imposed by the 
Superior Court, unless early termination is granted by the Commission. 
In the case of multiple terms of supervised release imposed by the 
Superior Court, all terms are deemed to be absorbed by the longest term 
imposed, which shall be the controlling term for all purposes under 
this part, including the calculation of the maximum authorized 
penalties that may be imposed if supervised release is revoked. A term 
of supervised release shall run concurrently with any federal, state, 
or local term of probation, parole or supervised release for another 
offense, but does not run while the offender is imprisoned in 
connection with a conviction for a federal, state, or local crime 
unless the period of imprisonment is less than 30 days. Such 
interruption of the term of supervised release is automatic, and is not 
dependent upon the issuance of a warrant or an order of revocation by 
the Commission.


Sec. 2.202  Prerelease procedures.

    (a) At least three months, but not more than six months, prior to 
the release of a prisoner who has been sentenced to a term or terms of 
supervised release by the Superior Court, the responsible prison 
officials shall have the prisoner's release plan forwarded to CSOSA (or 
to the appropriate U.S. Probation Office) for investigation. If the 
CSOSA Supervision Officer (or U.S. Probation Officer) believes that any 
special condition of supervised release should be imposed prior to the 
release of the prisoner, he shall forward a request for such condition 
to the Commission. The Commission may, upon such request or of its own 
accord, impose any special condition in addition to the standard 
conditions specified in Sec. 2.204, which shall take effect on the day 
the prisoner is released.
    (b) Upon the release of the prisoner, the responsible prison 
officials shall instruct the prisoner, in writing, to report to his 
assigned Supervision Officer within 72 hours, and shall inform the 
prisoner that failure to report on time shall constitute a violation of 
supervised release. If the prisoner is released to the custody of other 
authorities, the prisoner shall report to his Supervision Officer 
within 72 hours after his release from the physical custody of such 
authorities. If he is outside the District of Columbia and is unable to 
report to the Supervision Officer to whom he is assigned within 72 
hours, he shall report instead to the nearest U.S. Probation Office.


Sec. 2.203  Certificate of supervised release.

    When an offender who has been released from prison to serve a term 
of supervised release imposed by the Superior Court reports to his 
Supervision Officer for the first time, the Supervision Officer shall 
deliver to the releasee a certificate bearing the conditions of 
supervised release imposed by the Commission and shall explain the 
conditions to the releasee.


Sec. 2.204  Conditions of supervised release.

    (a) The following conditions shall apply to every term of 
supervised release, and are deemed by the Commission to be necessary to 
provide adequate supervision and to protect the public from further 
crimes of the releasee:
    (1) The releasee shall not commit any federal, state, or local 
crime during the term of supervision, nor shall he associate with 
persons engaged in criminal activity. The releasee shall report within 
two days to his Supervision Officer if he is arrested or questioned by 
any law enforcement officer.
    (2) The releasee shall not drink alcoholic beverages to excess. He 
shall not purchase, possess, use or administer any controlled substance 
unless prescribed for the releasee by a physician. The releasee shall 
not frequent places where such controlled substances are illegally 
sold, dispensed, used, or given away.
    (3) The releasee shall submit to a drug urinalysis test, within 15 
days of being placed on supervision, and to at least two periodic drug 
tests thereafter, as ordered by his Supervision Officer. The Commission 
may modify or suspend this condition if the record indicates that there 
is a low risk of future substance abuse by the releasee.
    (4) The releasee shall submit to a drug or alcohol test at any time 
during the term of supervision, whenever such testing is ordered by his 
Supervision Officer.
    (5) The releasee shall not leave the limits fixed by his 
certificate of supervised release without permission from his 
Supervision Officer.
    (6) The releasee shall notify his Supervision Officer of the 
address where he will reside and of any change in his place of 
residence within two days of such change.
    (7) The releasee shall make a complete and truthful written report 
(on a form provided for that purpose) to his Supervision Officer 
between the first and third day of each month. He shall also report to 
his Supervision Officer at other times as the officer directs, 
providing complete and truthful information.
    (8) The releasee shall not enter into any agreement to act as an 
informant or special agent for any law-enforcement agency without prior 
authorization from the Commission.
    (9) The releasee shall work regularly unless excused by his 
Supervision Officer, and shall support his legal dependants, if any, to 
the best of his ability. He shall report within two days to his 
Supervision Officer any changes

[[Page 70469]]

in his employment or employment status.
    (10) The releasee shall not associate with persons who have a 
criminal record without the permission of his Supervision Officer.
    (11) The releasee shall not possess a firearm or other dangerous 
weapon.
    (12) The releasee shall permit visits by his Supervision Officer to 
his residence and to his place of business or occupation. He shall 
permit confiscation by his Supervision Officer of any material which 
the officer believes may constitute contraband in the releasee's 
residence, place of business or occupation, vehicle, or on his person. 
The Commission may also, when a reasonable basis for so doing is 
presented, modify the conditions of supervised release to require the 
releasee to permit his Supervision Officer to conduct searches and 
seizures of concealed contraband on the releasee's person, and in any 
building, vehicle, or other area under the releasee's control, at such 
times as the officer shall decide.
    (13) The releasee 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 his 
Supervision Officer that is relevant to the payment of the obligation. 
If unable to pay the obligation in one sum, the releasee shall 
cooperate with his Supervision Officer in establishing an installment 
payment schedule. In determining whether to revoke supervised release 
for non-compliance with this condition, the Commission shall consider 
the releasee's employment status, earning ability, financial resources, 
and any other special circumstances that may have a bearing on the 
matter. Revocation shall not be ordered unless the releasee is found to 
be deliberately evading or refusing compliance.
    (14) If released to the District of Columbia, the releasee shall 
submit to the sanctions imposed by his Community Supervision Officer 
(within the limits established by the CSOSA Administrative Sanctions 
Schedule) if the Community Supervision Officer finds that the releasee 
has tested positive for illegal drugs or that he has committed any non-
criminal violation of the conditions of supervised release. Graduated 
sanctions may include community service, curfew with electronic 
monitoring, and/or a period of time in a community corrections center. 
The releasee's failure to cooperate with a graduated sanction imposed 
by his Supervision Officer will subject the releasee to the issuance of 
a summons or warrant by the Commission, and a revocation hearing at 
which the releasee will be afforded the opportunity to contest the 
allegations upon which the sanction was based. In addition, the 
Commission may override the imposition of a graduated sanction at any 
time and issue a warrant or summons if it believes that the releasee is 
a risk to the public safety or that he is not complying with this 
condition in good faith.
    (b) The Commission or a member thereof may at any time modify the 
conditions of supervised release, which may include imposing additional 
conditions. In so doing, the Commission shall consider the factors 
referenced in 18 U.S.C. 3583(d). The releasee shall receive notice of 
the proposed modification and unless waived shall have ten days 
following receipt of such notice to express his views thereon. 
Following the ten day period, the Commission shall have 21 days, 
exclusive of holidays, to modify the conditions of supervised release. 
The ten-day notice requirement shall not apply to a modification of the 
conditions of release in the following circumstances:
    (1) Following a revocation hearing;
    (2) Upon a finding that immediate modification of the conditions of 
release is required to prevent harm to the releasee or to the public; 
or
    (3) In response to a request by the releasee.
    (c) The Commission may, as a condition of supervised release, 
require the releasee to reside in a community corrections center, or to 
participate in the program of a residential treatment center, or both, 
for all or part of the period of supervised release, as part of a 
program of treatment.
    (d) The Commission may require the releasee to remain at his place 
of residence during non-working hours and, if the Commission so 
directs, to have compliance with this condition monitored by telephone 
or electronic signaling devices. A condition under this paragraph may 
be imposed only as an alternative to incarceration.
    (e) The Commission may require a releasee, when there is evidence 
of prior or current alcohol dependence or abuse, to participate in an 
alcohol aftercare treatment program. In such a case, the Commission 
will require that the releasee abstain from the use of alcohol and/or 
all other intoxicants during and after the course of treatment.
    (f) The Commission may require a releasee, where there is evidence 
of prior or current drug dependence or abuse, to participate in a drug 
treatment program, which shall include at least two periodic tests to 
determine whether the releasee has reverted to the use of drugs 
(including alcohol). In such a case, the Commission will require that 
the releasee abstain from the use of alcohol and/or all other 
intoxicants during and after the course of treatment.
    (g) If the conviction resulting in the term of supervised release 
is the releasee's first conviction for a crime of domestic violence as 
defined in 18 U.S.C. 3561(b), the releasee shall, at the direction of 
his Supervision Officer, attend a public, private, or private nonprofit 
offender rehabilitation program that has been approved by CSOSA (or the 
U.S. Probation Office), in consultation with a State Coalition Against 
Domestic Violence or other appropriate experts, if such an approved 
program is readily available within a 50-mile radius of the legal 
residence of the releasee. For the purposes of this condition, a 
``court of the United States'' in 18 U.S.C. 3561(b) shall include the 
District of Columbia Superior Court. The Commission shall not be 
limited by this requirement from imposing any appropriate condition 
with respect to a repeat offender.
    (h) A releasee who has committed an offense for which sex offender 
registration is required under D.C. Code 24-1121 et seq., shall comply 
with the registration requirements of Chapter 11 of Title 24, D.C. 
Code, and with the sex offender registration laws of any state in which 
the releasee resides, works, or attends school.
    (i) Any releasee who absconds from supervision has effectively 
prevented his term of supervised release from expiring. Therefore, the 
releasee remains bound by the conditions of his release, and violations 
committed at any time prior to execution of a warrant issued by the 
Commission, whether before or after the originally scheduled expiration 
date of the term of supervised release, may be charged as a basis for 
revocation. In such a case, the warrant may be supplemented at any 
time.
    (j) Releasees are expected by the Commission to understand the 
conditions of supervision according to their plain meaning, and to seek 
the guidance of their Supervision Officers before engaging in any 
conduct that may constitute a violation thereof. Supervision Officers 
may issue instructions to releasees to refrain from particular conduct 
that would violate supervised release, or to take specific steps to 
avoid or correct a violation thereof, as well as such other directives 
as may be authorized by the conditions imposed by the Commission.

[[Page 70470]]

Sec. 2.205  Confidentiality of supervised release records.

    (a) Consistent with the Privacy Act of 1974 (5 U.S.C. 552a(b)), the 
contents of supervised release records shall be confidential and shall 
not be disclosed outside the Commission and CSOSA (or the U.S. 
Probation Office) except as provided in paragraphs (b) and (c) of this 
section.
    (b) Information pertaining to a releasee may be disclosed to the 
general public, without the consent of the releasee, as authorized by 
Sec. 2.37.
    (c) Information other than as described in Sec. 2.37 may be 
disclosed without the consent of the releasee only pursuant to the 
provisions of the Privacy Act of 1974 (5 U.S.C. 552a(b)) and the 
implementing rules of the Commission or CSOSA, as applicable.


Sec. 2.206  Travel approval and transfers of supervision.

    (a) A releasee's Supervision Officer may approve travel outside the 
district of supervision without approval of the Commission in the 
following situations:
    (1) Trips not to exceed thirty days for family emergencies, 
vacations, and similar personal reasons;
    (2) Trips, not to exceed thirty days, to investigate reasonably 
certain employment possibilities; and
    (3) Recurring travel across a district boundary, not to exceed 
fifty miles outside the district, for purpose of employment, shopping, 
or recreation.
    (b) Specific advance approval by the Commission is required for all 
foreign travel, employment requiring recurring travel more than fifty 
miles outside the district, and vacation travel outside the district of 
supervision exceeding thirty days. A request for such permission shall 
be in writing and must demonstrate a substantial need for such travel.
    (c) A special condition imposed by the Commission prohibiting 
certain travel shall apply instead of any general rules relating to 
travel as set forth in paragraph (a) of this section.
    (d) The district of supervision for a releasee under the 
supervision of CSOSA shall be the District of Columbia, except that for 
the purpose of travel permission under this section, the district of 
supervision shall include the D.C. metropolitan area as defined in the 
certificate of supervised release.
    (e) A supervised releasee who is under the jurisdiction of the 
Commission, and who is released or transfers to a district outside the 
District of Columbia, shall be supervised by a U.S. Probation Officer 
pursuant to 18 U.S.C. 3655.
    (f) A supervised releasee may be transferred to a new district of 
supervision with the permission of the supervision offices of both the 
transferring and receiving district, provided such transfer is not 
contrary to instructions from the Commission.


Sec. 2.207  Supervision reports to Commission.

    An initial supervision report to confirm the satisfactory initial 
progress of the releasee shall be submitted to the Commission 90 days 
after the offender's release from prison, by the Supervision Officer 
responsible for the releasee's supervision. A regular supervision 
report shall be submitted to the Commission by the officer responsible 
for the supervision of the releasee after the completion of 12 months 
of continuous community supervision and annually thereafter. The 
Supervision Officer shall submit such additional reports and 
information concerning both the releasee, and the enforcement of the 
conditions of supervised release, as the Commission may direct. All 
reports shall be submitted according to the format established by the 
Commission.


Sec. 2.208  Termination of a term of supervised release.

    (a) The Commission, in its discretion, may terminate a term of 
supervised release and discharge the releasee from further supervision 
at any time after the expiration of one year of supervised release, if 
the Commission is satisfied that such action is warranted by the 
conduct of the releasee and the interest of justice.
    (b) Two years after release on supervision, and at least annually 
thereafter, the Commission shall review the status of each releasee to 
determine the need for continued supervision. In calculating such two-
year period there shall not be included any period of release prior to 
the most recent release, nor any period served in confinement on any 
other sentence. A review shall also be conducted whenever termination 
of supervision is specially recommended by the releasee's Supervision 
Officer. If the term of supervised release imposed by the court is two 
years or less, termination of supervision shall be considered only if 
specially recommended by the releasee's Supervision Officer.
    (c) In determining whether to grant early termination of 
supervision, the Commission shall calculate for the releasee a Salient 
Factor Score under Sec. 2.20, and shall apply the following early 
termination guidelines, provided that case-specific factors do not 
indicate a need for continued supervision:
    (1) For a releasee classified in the very good risk category and 
whose current offense did not involve violence, termination of 
supervision may be ordered after two continuous years of incident-free 
supervision in the community.
    (2) For a releasee classified in the very good risk category and 
whose current offense involved violence other than high level violence, 
termination of supervision may be ordered after three continuous years 
of incident-free supervision in the community.
    (3) For a releasee classified in the very good risk category and 
whose current offense involved high level violence (without death of 
victim resulting), termination of supervision may be ordered after four 
continuous years of incident-free supervision in the community.
    (4) For a releasee classified in other than the very good risk 
category, whose current offense did not involve violence, and whose 
prior record includes not more than one episode of felony violence, 
termination of supervision may be ordered after three continuous years 
of incident-free supervision in the community.
    (5) For a releasee classified in other than the very good risk 
category whose current offense involved violence other than high level 
violence, or whose current offense did not involve violence but his 
prior record includes two or more episodes of felony violence, 
termination of supervision may be ordered after four continuous years 
incident-free supervision in the community.
    (6) For releasees in the following categories, release from 
supervision prior to five years may be ordered only upon a case-
specific finding that, by reason of age, infirmity, or other compelling 
factors, the releasee is unlikely to be a threat to the public safety:
    (i) A releasee in other than the very good risk category whose 
current offense involved high level violence;
    (ii) A releasee whose current offense involved high level violence 
with death of victim resulting; and
    (iii) A releasee who is a sex offender serving a term of supervised 
release that exceeds five years.
    (7) The terms ``violence'' and ``high level violence'' are defined 
in Sec. 2.80. The term ``incident-free supervision'' means that the 
releasee has had no reported violations, and has not been the subject 
of any arrest or law enforcement investigation that raises a reasonable 
doubt as to whether the releasee has been able to refrain from law 
violations while under supervision.
    (d) Except in the case of a releasee covered by paragraph (c)(6) of 
this

[[Page 70471]]

section, a decision to terminate supervision below the guidelines may 
be made if it appears that the releasee is a better risk than indicated 
by the salient factor score (if classified in other than the very good 
risk category), or is a less serious risk to the public safety than 
indicated by a violent current offense or prior record. However, 
termination of supervision prior to the completion of two years of 
incident-free supervision will not be granted in any case unless case-
specific factors clearly indicate that continued supervision would be 
counterproductive to the releasee's rehabilitation.
    (e) A releasee with a pending criminal charge who is otherwise 
eligible for an early termination from supervision shall not be 
discharged from supervision until the disposition of such charge is 
known.


Sec. 2.209  Order of termination.

    When the Commission orders the termination of a term of supervised 
release, it shall issue a certificate to the releasee granting the 
releasee a full discharge from his term of supervised release. The 
termination and discharge shall take effect only upon the actual 
delivery of the certificate of discharge to the releasee by his 
Supervision Officer, and may be rescinded for good cause at any time 
prior to such delivery.


Sec. 2.210  Extension of term.

    (a) At any time during service of a term of supervised release, the 
Commission may move the Superior Court to extend the term of supervised 
release to the maximum term authorized by law, if less than the maximum 
authorized term was originally imposed. If the Superior Court grants 
the Commission's motion prior to the expiration of the term originally 
imposed, the extension ordered by the Court shall take effect upon its 
issuance.
    (b) The Commission may move the Superior Court for an extension of 
a term of supervised release if, for any reason, it finds that the 
rehabilitation of the releasee, and/or the protection of the public 
safety, is likely to require a longer period of supervision than the 
Court originally contemplated. The Commission's grounds for making such 
a finding shall be stated in the motion filed with the Court.
    (c) The provisions of this section shall not apply to the 
Commission's determination of an appropriate period of further 
supervised release following revocation of a term of supervised 
release.


Sec. 2.211  Summons to appear or warrant for retaking releasee.

    (a) If a releasee is alleged to have violated the conditions of his 
release, and satisfactory evidence thereof is presented, a Commissioner 
may:
    (1) Issue a summons requiring the releasee to appear for a 
preliminary interview or local revocation hearing; or
    (2) Issue a warrant for the apprehension and return of the releasee 
to custody.
    (b) A summons or warrant under paragraph (a) of this section may be 
issued or withdrawn only by a Commissioner.
    (c) Any summons or warrant under this section shall be issued as 
soon as practicable after the alleged violation is reported to the 
Commission, except when delay is deemed necessary. Issuance of a 
summons or warrant may be withheld until the frequency or seriousness 
of the violations, in the opinion of a Commissioner, requires such 
issuance. In the case of any releasee who is charged with a criminal 
offense and who is awaiting disposition of such charge, issuance of a 
summons or warrant may be:
    (1) Temporarily withheld;
    (2) Issued by the Commission and held in abeyance;
    (3) Issued by the Commission and a detainer lodged with the 
custodial authority; or
    (4) Issued for the retaking of the releasee.
    (d) A summons or warrant may be issued only within the maximum term 
or terms of the period of supervised release being served by the 
releasee, except as provided for an absconder from supervision in 
Sec. 2.204(i). A summons or warrant shall be considered issued when 
signed and either:
    (1) Placed in the mail; or
    (2) Sent by electronic transmission to the appropriate law 
enforcement authority.
    (e) The issuance of a warrant under this section operates to bar 
the expiration of the term of supervised release. Such warrant 
maintains the Commission's jurisdiction to retake the releasee either 
before or after the normal expiration date of his term, and for such 
time as may be reasonably necessary for the Commission to reach a final 
decision as to revocation of the term of supervised release.
    (f) A summons or warrant issued pursuant to this section shall be 
accompanied by a warrant application stating the charges against the 
releasee, the applicable procedural rights under the Commission's 
regulations, and the possible actions which may be taken by the 
Commission. A summons shall specify the time and place the releasee 
shall appear. Failure to appear in response to a summons shall be 
grounds for issuance of a warrant.


Sec. 2.212  Execution of warrant and service of summons.

    (a) Any officer of any Federal or District of Columbia correctional 
institution, any Federal Officer authorized to serve criminal process, 
or any officer or designated civilian employee of the Metropolitan 
Police Department of the District of Columbia, to whom a warrant is 
delivered, shall execute such warrant by taking the releasee and 
returning him to the custody of the Attorney General.
    (b) Upon the arrest of the releasee, the officer executing the 
warrant shall deliver to him a copy of the warrant application.
    (c) If execution of the warrant is delayed pending disposition of 
local charges, for further investigation, or for some other purpose, 
the releasee is to be continued under supervision by the Supervision 
Officer until the normal expiration of the sentence, or until the 
warrant is executed, whichever first occurs. Monthly supervision 
reports are to be submitted, and the releasee must continue to abide by 
all the conditions of release.
    (d) If any other warrant for the arrest of the releasee has been 
executed or is outstanding at the time the Commission's warrant is 
executed, the arresting officer may, within 72 hours of executing the 
Commission's warrant, release the arrestee to such other warrant and 
lodge the Commission's warrant as a detainer, voiding the execution 
thereof, provided such action is consistent with the instructions of 
the Commission. In other cases, the arrestee may be released from an 
executed warrant whenever the Commission finds such action necessary to 
serve the ends of justice.
    (e) A summons to appear at a preliminary interview or revocation 
hearing shall be served upon the releasee in person by delivering to 
the releasee a copy of the summons and the application therefore. 
Service shall be made by any Federal or District of Columbia officer 
authorized to serve criminal process and certification of such service 
shall be returned to the Commission.
    (f) Official notification of the issuance of a Commission warrant 
shall authorize any law enforcement officer within the United States to 
hold the releasee in custody until the warrant can be executed in 
accordance with paragraph (a) of this section.

[[Page 70472]]

Sec. 2.213  Warrant placed as detainer and dispositional review.

    (a) When a releasee is a prisoner in the custody of other law 
enforcement authorities, or is serving a new sentence of imprisonment 
imposed for a crime (or for a violation of some other form of community 
supervision) committed while on supervised release, a violation warrant 
may be lodged against him as a detainer.
    (b) The Commission shall review the detainer upon the request of 
the prisoner pursuant to the procedure set forth in Sec. 2.47(a)(2). 
Following such review, the Commission may:
    (1) Withdraw the detainer and order reinstatement of the prisoner 
to supervision upon release from custody;
    (2) Order a dispositional revocation hearing to be conducted at the 
institution in which the prisoner is confined; or
    (3) Let the detainer stand until the new sentence is completed. 
Following the execution of the Commission's warrant, and the transfer 
of the prisoner to an appropriate federal facility, an institutional 
revocation hearing shall be conducted.
    (c) Dispositional revocation hearings pursuant to this section 
shall be conducted in accordance with the provisions at Sec. 2.216 
governing institutional revocation hearings. A hearing conducted at a 
state or local facility may be conducted either by a hearing examiner 
or by any federal, state, or local official designated by a 
Commissioner. Following a revocation hearing conducted pursuant to this 
section, the Commission may take any action authorized by Sec. 2.218 
and 2.219.
    (d) The date the violation term commences is the date the 
Commission's warrant is executed. A releasee's violation term (i.e., 
the term of imprisonment and/or further term of supervised release that 
the Commission may require the releasee to serve after revocation) 
shall start to run only upon the offender's release from the 
confinement portion of the intervening sentence.
    (e) An offender whose supervised release is revoked shall be given 
credit for all time in confinement resulting from any new offense or 
violation that is considered by the Commission as a basis for 
revocation, but solely for the purpose of satisfying the time ranges in 
the reparole guidelines at Sec. 2.21. The computation of the offender's 
sentence, and the forfeiture of time on supervised release, are not 
affected by such guideline credit.


Sec. 2.214  Revocation; Preliminary interview.

    (a) Interviewing officer. A releasee who is retaken on a warrant 
issued by the Commission shall promptly be offered a preliminary 
interview by a Supervision Officer (or other official designated by the 
Commission). The purpose of the preliminary interview is to enable the 
Commission to determine if there is probable cause to believe that the 
releasee has violated his conditions of release as charged, and if so, 
whether a local or institutional revocation hearing should be 
conducted. Any Supervision Officer or U.S. Probation Officer in the 
district where the releasee is confined may conduct the preliminary 
interview, provided he is not the officer who recommended that the 
warrant be issued.
    (b) Notice and opportunity to postpone interview. (1) At the 
beginning of the preliminary interview, the interviewing officer shall 
ascertain that the warrant application has been given to the releasee 
as required by Sec. 2.212(b). The interviewing officer shall advise the 
releasee that he may go forward with the interview, or have the 
interview postponed in order to obtain an attorney and/or witnesses and 
evidence on his behalf. A postponement may be requested by signing the 
form provided by the interviewing officer, and by indicating on such 
form the reason for the requested postponement. If the releasee wishes 
to be represented by counsel, and counsel is not already available and 
present, the releasee may request a postponement to engage the services 
of counsel, to apply for counsel to be assigned by the D.C. Public 
Defender Service, or to apply for appointment of counsel under 28 
U.S.C. 3006A in cases where the releasee has been arrested outside the 
District of Columbia.
    (2) If a postponement is requested, the releasee may request the 
Commission to obtain the presence of adverse witnesses (i.e., persons 
who have given information upon which revocation may be based). Such 
adverse witnesses may be requested to attend the postponed preliminary 
interview if the releasee meets the requirements at Sec. 2.215(a) for a 
local revocation hearing. The releasee shall be given advance notice of 
the time and place of a postponed preliminary interview.
    (c) Review of the charges. At the preliminary interview, the 
interviewing officer shall review the violation charges with the 
releasee and shall apprise the releasee of the evidence that has been 
presented to the Commission. The interviewing officer shall ascertain 
whether the releasee admits or denies each charge listed on the warrant 
application, as well as the releasee's explanation of the facts giving 
rise to each charge. The officer shall also receive the statements of 
any witnesses and documentary evidence on behalf of the releasee. At a 
postponed preliminary interview, the hearing officer shall also permit 
the cross-examination of any adverse witnesses in attendance. However, 
in such cases, the Commission will ordinarily have ordered a combined 
preliminary interview and local revocation hearing as provided in 
paragraph (f) of this section.
    (d) Probable cause determination. At the conclusion of the 
preliminary interview, the interviewing officer shall inform the 
releasee of his recommended decision as to whether there is probable 
cause to believe that the releasee has violated the conditions of 
release, and shall submit to the Commission a digest of the interview 
together with a recommended decision.
    (1) If the interviewing officer's recommended decision is that 
there is no probable cause to believe that the releasee has violated 
the conditions of his release, a Commissioner shall review the 
recommended decision and notify the releasee of his final decision 
concerning probable cause as expeditiously as possible. A finding of no 
probable cause shall be implemented without delay.
    (2) If the interviewing officer's recommended decision is that 
there is probable cause to believe that the releasee has violated the 
conditions of his release, the Commissioner shall notify the releasee 
of the final decision concerning probable cause within 21 days of the 
date of the preliminary interview. The Commission shall either schedule 
a revocation hearing, or offer the releasee the option of an expedited 
revocation without a hearing, pursuant to the procedure set forth in 
Sec. 2.66.
    (3) If the Commission finds probable cause to believe that the 
releasee has violated the conditions of his release, reinstatement to 
supervision or release pending further proceedings may be ordered in 
the Commission's discretion if it determines that:
    (i) Continuation of revocation proceedings is not warranted despite 
the violations found; or
    (ii) Incarceration pending further revocation proceedings is not 
warranted by the alleged frequency or seriousness of such violation or 
violations, and the releasee is neither likely to fail to appear for 
further proceedings, nor constitutes a danger to himself or others.
    (e) Conviction as probable cause. Conviction of any Federal, 
District of Columbia, State, or local crime

[[Page 70473]]

committed subsequent to the commencement of the term of supervised 
release shall constitute probable cause for the purposes of this 
section, and no preliminary interview shall be conducted unless ordered 
by a Commissioner to consider additional violation charges that may be 
determinative of the Commission's decision regarding revocation.
    (f) Local revocation hearing. A postponed preliminary interview may 
be conducted as a local revocation hearing if the releasee has been 
advised that the postponed preliminary interview will constitute his 
final revocation hearing. It shall be the Commission's policy to 
conduct a combined preliminary interview and local revocation hearing 
whenever adverse witnesses are required to appear and give testimony 
with respect to contested charges.
    (g) Late received charges. If, after probable cause has been found 
to proceed with a revocation hearing, the Commission is notified of an 
additional charge, the Commission may:
    (1) Remand the case for a supplemental preliminary interview if the 
new charge may require a local revocation hearing;
    (2) Notify the releasee that the additional charge will be 
considered at the revocation hearing without conducting a supplemental 
interview; or
    (3) Determine that the new charge will not be considered at the 
revocation hearing.


Sec. 2.215  Place of revocation hearing.

    (a) If the releasee requests a local revocation hearing, he shall 
be given a revocation hearing reasonably near the place of the alleged 
violation(s) or arrest, with the opportunity to contest the charges 
against him, if the following conditions are met:
    (1) The releasee has not been convicted of a crime committed while 
under supervision; and
    (2) The releasee denies all charges against him.
    (b) The releasee shall also be given a local revocation hearing if 
he admits (or has been convicted of) one or more charged violations, 
but denies at least one unadjudicated charge that may be determinative 
of the Commission's decision regarding revocation or the length of any 
new term of imprisonment, and the releasee requests the presence of one 
or more adverse witnesses regarding that contested charge. If the 
appearance of such witnesses at the hearing is precluded by the 
Commission for good cause, a local revocation hearing shall not be 
ordered.
    (c) If there are two or more contested charges, a local revocation 
hearing may be conducted near the place of the violation chiefly relied 
upon by the Commission as a basis for the issuance of the warrant or 
summons.
    (d) A releasee who voluntarily waives his right to a local 
revocation hearing, or who admits one or more charged violations 
without contesting any unadjudicated charge that may be determinative 
of the Commission's decision regarding revocation and/or imposition of 
a new term of imprisonment, or who is retaken following completion of a 
sentence of imprisonment for a new crime, shall be given an 
institutional revocation hearing upon his return or recommitment to an 
institution. An institutional revocation hearing may also be conducted 
in the District of Columbia jail or prison facility in which the 
releasee is being held. (However, a Commissioner may, on his own 
motion, designate any such case for a local revocation hearing 
instead.) The difference in procedures between a ``local revocation 
hearing'' and an ``institutional revocation hearing'' is set forth in 
Sec. 2.216(b).
    (e) A releasee who is retaken on a warrant issued by the Commission 
shall remain in custody until final action relative to the revocation 
of his term of supervised release, unless otherwise ordered by the 
Commission under Sec. 2.214(d)(3). A releasee who has been given a 
revocation hearing pursuant to the issuance of a summons shall remain 
on supervision pending the decision of the Commission, unless the 
Commission has ordered otherwise.
    (f) A local revocation hearing shall be scheduled to be held within 
sixty days of the probable cause determination. An institutional 
revocation hearing shall be scheduled to be held within ninety days of 
the date of the execution of the violator warrant upon which the 
releasee was retaken. However, if a releasee requests and receives any 
postponement, or consents to a postponement, or by his actions 
otherwise precludes the prompt conduct of such proceedings, the above-
stated time limits may be extended.
    (g) A local revocation hearing may be conducted by a hearing 
examiner or by any federal, state, or local official who is designated 
by a Commissioner to be the presiding hearing officer. An institutional 
revocation hearing may be conducted by an examiner of the Commission.


Sec. 2.216  Revocation hearing procedure.

    (a) The purpose of the revocation hearing shall be to determine 
whether the releasee has violated the conditions of his supervised 
release, and, if so, whether his release should be revoked or 
reinstated.
    (b) At a local revocation hearing, the alleged violator may present 
voluntary witnesses and documentary evidence in his behalf. The alleged 
violator may also request the Commission to compel the attendance of 
any adverse witnesses for cross-examination, and any other relevant 
witnesses who have not volunteered to attend. At an institutional 
revocation hearing, the alleged violator may present voluntary 
witnesses and documentary evidence in his behalf, but may not request 
the Commission to secure the attendance of any adverse or favorable 
witness. At any hearing, the presiding hearing officer may limit or 
exclude any irrelevant or repetitious statement or documentary 
evidence, and may prohibit the releasee from contesting matters already 
adjudicated against him in other forums.
    (c) At a local revocation hearing, the Commission shall, on the 
request of the alleged violator, require the attendance of any adverse 
witnesses who have given statements upon which revocation may be based, 
subject to a finding of good cause as described in paragraph (d) of 
this section. The adverse witnesses who are present shall be made 
available for questioning and cross-examination in the presence of the 
alleged violator. The Commission may also require the attendance of 
adverse witnesses on its own motion.
    (d) The Commission may excuse any requested adverse witness from 
appearing at the hearing (or from appearing in the presence of the 
alleged violator) if it finds good cause for so doing. A finding of 
good cause for the non-appearance of a requested adverse witness may be 
based, for example, on a significant possibility of harm to the 
witness, or the witness not being reasonably available when the 
Commission has documentary evidence that is an adequate substitute for 
live testimony.
    (e) All evidence upon which the finding of violation may be based 
shall be disclosed to the alleged violator at or before the revocation 
hearing. The presiding hearing officer may disclose documentary 
evidence by permitting the alleged violator to examine the document 
during the hearing, or where appropriate, by reading or summarizing the 
document in the presence of the alleged violator.
    (f) An alleged violator may be represented by an attorney at either 
a local or an institutional revocation hearing. In lieu of an attorney, 
an alleged violator may be represented at any revocation hearing by a 
person of

[[Page 70474]]

his choice. However, the role of such non-attorney representative shall 
be limited to offering a statement on the alleged violator's behalf. 
Only licensed attorneys shall be permitted to question witnesses, make 
objections, and otherwise provide legal representation for supervised 
releasees, except in the case of law students appearing before the 
Commission as part of a court-approved clinical practice program. Such 
law students must be under the personal direction of a lawyer or law 
professor who is physically present at the hearing, and the examiner 
shall ascertain that the releasee consents to the procedure.


Sec. 2.217  Issuance of subpoena for appearance of witnesses or 
production of documents.

    (a)(1) If any adverse witness (i.e., a person who has given 
information upon which revocation may be based) refuses, upon request 
by the Commission, to appear at a preliminary interview or local 
revocation hearing, a Commissioner may issue a subpoena for the 
appearance of such witness.
    (2) In addition, a Commissioner may, upon a showing by the releasee 
that a witness whose testimony is necessary to the proper disposition 
of his case will not appear voluntarily at a local revocation hearing 
or provide an adequate written statement of his testimony, issue a 
subpoena for the appearance of such witness at the revocation hearing.
    (3) A subpoena may also be issued at the discretion of a 
Commissioner if an adverse witness is judged unlikely to appear as 
requested, or if the subpoena is deemed necessary for the orderly 
processing of the case.
    (b) A subpoena may require the production of documents as well as, 
or in lieu of, a personal appearance. The subpoena shall specify the 
time and the place at which the person named therein is commanded to 
appear, and shall specify any documents required to be produced.
    (c) A subpoena may be served by any Federal or District of Columbia 
officer authorized to serve criminal process. The subpoena may be 
served at any place within the judicial district in which the place 
specified in the subpoena is located, or any place where the witness 
may be found. Service of a subpoena upon a person named therein shall 
be made by delivering a copy thereof to such a person.
    (d) If a person refuses to obey such subpoena, the Commission may 
petition a court of the United States for the judicial district in 
which the revocation proceeding is being conducted, or in which such 
person may be found, to require such person to appear, testify, or 
produce evidence. If the court issues an order requiring such person to 
appear before the Commission, failure to obey such an order is 
punishable as contempt, as provided in 18 U.S.C. 4214(a)(2).


Sec. 2.218  Revocation decisions.

    (a) Whenever a releasee is summoned or retaken by the Commission, 
and the Commission finds by a preponderance of the evidence that the 
releasee has violated one or more conditions of his supervised release, 
the Commission may take any of the following actions:
    (1) Restore the releasee to supervision, and where appropriate:
    (i) Reprimand the releasee;
    (ii) Modify the releasee's conditions of release;
    (iii) Refer the releasee to a residential community corrections 
center for all or part of the remainder of his term of supervised 
release; or
    (2) Revoke the term of supervised release.
    (b) If supervised release is revoked, the Commission shall 
determine whether the releasee shall be returned to prison to serve a 
new term of imprisonment, and the length of that term, or whether a new 
term of imprisonment shall be imposed but limited to time served. If 
the Commission imposes a new term of imprisonment that is less than the 
applicable maximum term authorized by law, the Commission shall also 
determine whether to impose a further term of supervised release to 
commence after the new term of imprisonment has been served. If the new 
term of imprisonment is limited to time served, any further term of 
supervised release shall commence upon the issuance of the Commission's 
order. Notwithstanding the above, if a releasee is serving another term 
of imprisonment of 30 days or more for any federal, state, or local 
crime, any further term of supervised release imposed by the Commission 
shall not commence until that term of imprisonment has been served.
    (c) A releasee whose term of supervised release is revoked by the 
Commission shall receive no credit for time spent on supervised 
release, including any time spent in confinement on other sentences (or 
in a halfway house as a condition of supervised release) prior to the 
execution of the Commission's warrant.
    (d) The Commission's decision regarding the imposition of a term of 
imprisonment following revocation of supervised release, and any 
further term of supervised release, shall be made pursuant to the 
limitations set forth in Sec. 2.219. Within those limitations, the 
appropriate length of any term of imprisonment shall be determined by 
reference to the guidelines at Sec. 2.21.
    (e) Whenever the Commission imposes a term of imprisonment upon 
revocation of supervised release that is less than the authorized 
maximum term, it shall be the Commission's general policy to impose a 
further term of supervised release that is the maximum permitted by 
Sec. 2.219. If the Commission imposes a new term of imprisonment that 
is equal to the maximum term authorized by law (or in the case of a 
subsequent revocation, that uses up the remainder of the maximum term 
of imprisonment authorized by law), the Commission may not impose a 
further term of supervised release.
    (f) Where deemed appropriate, the Commission may depart from the 
guidelines at Sec. 2.21 (with respect to the imposition of a new term 
of imprisonment) in order to permit the imposition of a further term of 
supervised release.
    (g) Decisions under this section shall be made upon the concurrence 
of two Commissioner votes, except that a decision to override an 
examiner panel recommendation shall require the concurrence of three 
Commissioner votes. The Commission's decision shall ordinarily be 
issued within 21 days of the hearing, excluding weekends and holidays.


Sec. 2.219  Maximum terms of imprisonment and supervised release.

    (a) Imprisonment; first revocation. When a term of supervised 
release is revoked, the maximum authorized term of imprisonment that 
the Commission may require the offender to serve, in accordance with 
D.C. Code Sec. 24-203.1(b)(7), shall be:
    (1) Not more than 5 years, if the maximum term of imprisonment 
authorized for the offense is life, or if the offense is statutorily 
designated as a Class A felony;
    (2) Not more then 3 years, if the maximum term of imprisonment 
authorized for the offense is 25 years or more, but less than life, and 
the offense is not statutorily designated as a Class A felony;
    (3) Not more than 2 years, if the maximum term of imprisonment 
authorized for the offense is 5 years or more, but less than 25 years; 
or
    (4) Not more than 1 year, if the maximum term of imprisonment 
authorized for the offense is less than 5 years.

[[Page 70475]]

    (b) Further term of supervised release; first revocation. (1) When 
a term of supervised release is revoked, and the Commission imposes 
less than the maximum term of imprisonment authorized by paragraph (a) 
of this section, the Commission may also impose a further term of 
supervised release after imprisonment.
    (2) The maximum authorized length of such further term of 
supervised release shall be the original maximum term of supervised 
release that the sentencing court was authorized to impose, less the 
term of imprisonment imposed by the Commission upon revocation of 
supervised release. The original maximum authorized term of supervised 
release is as follows:
    (i) Five years if the maximum term of imprisonment authorized for 
the offense of conviction is 25 years or more;
    (ii) Three years if the maximum term of imprisonment authorized for 
the offense of conviction is more than one year but less than 25 years; 
and
    (iii) Life if the person is required to register for life, and 10 
years in any other case, if the offender has been sentenced for an 
offense for which registration is required by the Sex Offender 
Registration Act of 1999.
    (3) For example, in the case of a five-year term of supervised 
release carrying a maximum period of imprisonment of three years, the 
Commission may impose a three-year term of imprisonment with no 
supervised release to follow, or any term of imprisonment of less than 
three years with a further term of supervised release of five years 
minus the term of imprisonment actually imposed (such as a one-year 
term of imprisonment followed by a four-year term of supervised 
release, or a two-year term of imprisonment followed by a three-year 
term of supervised release).
    (c) Reference table. The following table may be used in most cases 
as a reference to determine both the maximum authorized term of 
imprisonment and the original maximum authorized term of supervised 
release:

----------------------------------------------------------------------------------------------------------------
                                                                    Original authorized
   D.C. Code reference  (original        Offense description        term of supervised    Maximum authorized new
            conviction)                                                   release          term of imprisonment
----------------------------------------------------------------------------------------------------------------
                                                    Title 22
----------------------------------------------------------------------------------------------------------------
22-103, 23-1331....................  Attempted crime of violence  3 years...............  2 years.
22-104(a)..........................  1 prior....................  various...............  various.
                                     2+ priors..................  various...............  various.
22-104a(a)(1)......................  Three strikes for felonies*  5 years...............  5 years.
22-104a(a)(2)......................  Three strikes for violent    5 years...............  5 years.
                                      felonies*.
22-105.............................  Aiding & abetting..........  various...............  various.
22-105a(a).........................  Conspiracy.................  3 years...............  2 years.
                                     If underlying offense  5...  3 years...............  1 year.
22-106.............................  Accessory after the fact...  various...............  various.
                                     Capital crimes.............  3 years...............  2 years.
22-107.............................  Offenses not covered by DC   3 years...............  2 years.
                                      Code.
22-401.............................  Arson......................  3 years...............  2 years
22-402.............................  Arson-own property.........  3 years...............  2 years.
22-403.............................  DP $200+...................  3 years...............  2 years.
22-501; see 24-203.1(e)............  Assault with intent to kill/ 3 years or not >        2 years.
                                      rob/poison/ 1 deg., 2        period of SOR.
                                      deg., child sex abuse.
22-501, 3202.......................  Assault with intent to kill  5 years...............  5 years.
                                      etc. while armed.
22-502.............................  Assault with a Dangerous     3 years...............  2 years.
                                      Weapon.
22-503.............................  Assault with intent to       3 years...............  2 years.
                                      commit an offense other
                                      than those in Sec.  22 501.
22-504.............................  Stalking--2nd offense......  3 years...............  1 year.
                                     3rd+ offense...............  3 years...............  1 year.
22-504.1(a), 3202..................  Aggravated assault while     5 years...............  5 years.
                                      armed*.
22-504.1(b)........................  Aggravated assault.........  3 years...............  2 years.
22-504.1(c)........................  Attempted aggravated         3 years...............  2 years.
                                      assault.
22-505(a), 24-203.1(f).............  Assault on a police officer  3 years...............  2 years.
22-505(b)..........................  Assault on a police officer  3 years...............  2 years.
                                      while armed.
22-506.............................  Mayhem/malicious             3 years...............  2 years.
                                      disfigurement.
22-601.............................  Bigamy.....................  3 years...............  2 years.
22-704(a)..........................  Corrupt influence..........  3 years...............  2 years.
22-712(c)..........................  Bribery--Public Servant....  3 years...............  2 years.
22-713(c)..........................  Bribery--Witness...........  3 years...............  2 years.
22-722(b)..........................  Obstructing Justice*.......  5 years...............  5 years.
22-723(b)..........................  Evidence Tampering.........  3 years...............  1 year.
22-752(b)(2).......................  Counterfeiting.............  3 years...............  1 year.
22-752(b)(3).......................  Counterfeiting.............  3 years...............  2 years.
22-901(a), (c)(1)..................  1 deg. Cruelty to Children.  3 years...............  2 years.
22-901(b), (c)(2)..................  2 deg. Cruelty to Children.  3 years...............  2 years.
22-1122(d).........................  Inciting riot w/injury.....  3 years...............  2 years.
22-1303............................  False impersonation........  3 years...............  2 years.
22-1304............................  Impersonating a public       3 years...............  1 year.
                                      official.
22-1410............................  Bad Checks $100+...........  3 years...............  1 year.
22-1501............................  Illegal lottery............  3 years...............  1 year.
22-1504............................  Gaming.....................  3 years...............  2 years.
22-1510, 1511......................  Bucketing--2nd+ offense....  3 years...............  2 years.
22-1513(a).........................  Corrupt influence--          3 years...............  2 years.
                                      Athletics.
22-1801(a).........................  1 deg. Burglary............  5 years...............  3 years.
22-1801(b).........................  2 deg. Burglary............  3 years...............  2 years.
22-1801, 3202......................  Burglary while armed*......  5 years...............  5 years.

[[Page 70476]]

 
22-1901............................  Incest.....................  3 years or not >        2 years.
                                                                   period of SOR.
22-2001(e).........................  Obscenity 2nd+ offense.....  3 years or not >        1 year.
                                                                   period of SOR.
22-2012, 2013......................  Sex performance w/minors--.  3 years or not >        2 years.
                                     1st offense................   period of SOR.
                                     2nd offense................
22-2101............................  Kidnapping*................  5 years...............  5 years.
22-2101, 3202......................  Kidnapping while armed*....  5 years...............  5 years.
22-2307............................  Felony Threats.............  3 years...............  2 years.
22-2401, 2404......................  Murder I*..................  5 years...............  5 years.
22-2401, 2402, 3202................  Murder I while armed*......  5 years...............  5 years.
22-2402, 2402......................  Murder I--obstruction of     5 years...............  5 years.
                                      railway*.
22-2403, 2402......................  Murder II *................  5 years...............  5 years.
22-2403, 2402, 3202................  Murder II while armed *....  5 years...............  5 years.
22-2405............................  Manslaughter...............  5 years...............  3 years.
22-2405, 3202......................  Manslaughter while armed*..  5 years...............  5 years.
22-2406............................  Murder of Police Officer...  None (LWOR)...........
22-2511(b).........................  Perjury....................  3 years...............  2 years.
22-2512............................  Subornation of Perjury.....  3 years...............  2 years.
22-2513(b).........................  False Swearing.............  3 years...............  1 year.
22-2601(b).........................  Escape.....................  3 years...............  2 years.
22-2603............................  Introducing contraband into  3 years...............  2 years.
                                      prison.
22-2704............................  Child Prostitution:          3 years or not >        2 years.
                                      Abducting.                   period of SOR.
                                     Harboring..................
22-2705............................  Prostitution: Inducing.....  3 years or not >        2 years.
                                                                   period of SOR (if
                                                                   child victim).
22-2706............................  Compelling.................
22-2707............................  Arranging..................
22-2709............................  Detaining..................
22-2710............................  Procuring..................
22-2711............................  Procuring..................
22-2712............................  Operating..................
22-2708............................  Prostitution, causing        3 years...............  2 years.
                                      spouse to.
22-2901............................  Robbery....................  3 years...............  2 years.
22-2901, 3202......................  Armed Robbery*.............  5 years...............  5 years.
22-2902............................  Attempted Robbery..........  3 years...............  1 year.
22-2903(a).........................  Carjacking.................  3 years...............  2 years.
22-2903(b).........................  Armed Carjacking*..........  5 years...............  5 years.
22-3103............................  Grave Robbing..............  3 years...............  1 year.
22-3105............................  Destruction of property by   3 years...............  2 years.
                                      explosives.
22-3118............................  Malicious water pollution..  3 years...............  1 year.
22-3119............................  Obstructing railways.......  3 years...............  2 years.
22-3202............................  Committing or attempting to  5 years...............  5 years.
                                      commit violent crime while
                                      armed.
22-3202.1..........................  Gun-free zone..............  various...............  various.
22-3203, 24-203.1(f)...............  Unlawful possession of a     3 years...............  2 years.
                                      pistol by a felon, etc.
                                      (UPP) 2nd+offense.
22-3204(a)(1)-(2)..................  Carrying a pistol without a  3 years...............  2 years.
                                      license.                    3 years...............  2 years.
                                     1st offense................
                                     2nd+offense  ..............
22-3204(b).........................  Possession of a firearm      3 years...............  2 years.
                                      while committing a crime
                                      of violence or dangerous
                                      crime (PFDCVDC).
22-3214............................  Possession of a prohibited   3 years...............  2 years.
                                      weapon (PPW).
                                     2nd+offense  ..............
22-3215a...........................  Molotov cocktails--1st       3 years...............  2 years.
                                      offense.
                                     2nd offense................  3 years...............  2 years.
                                     3rd* offense...............  5 years...............  5 years.
22-3427............................  B&E vending machines.......  3 years...............  1 year.
22-3601, 24-203.1(f)...............  Possessing Implements of     3 years...............  2 years.
                                      Crime 2nd+ offense.
22-3812............................  1 deg. Theft...............  3 years...............  2 years.
22-3814.1 (d)(2)...................  Deceptive Labeling.........  3 years...............  2 years.
22-3815(d)(1)......................  Unlawful use of a vehicle--  3 years...............  2 years.
                                      private.
22-3815(d)(2)......................  Unlawful use of a vehicle--  3 years...............  1 year.
                                      rental.
22-3821(a), 3822(a)................  1 deg. Fraud $250+.........  3 years...............  2 years.
22-3821(b), 3822(b)................  2 deg. Fraud $250+.........  3 years...............  1 year.
22-3823............................  Credit Card Fraud..........  3 years...............  2 years.
                                     $250+......................
22-3825.2, 3825.4(a)...............  1 deg. Insurance Fraud.....  3 years...............  2 years.
22-3825.3, 3825.4(b)...............  2 deg. Insurance Fraud.....
                                     1st offense................  3 years...............  2 years.
                                     2nd offense................  3 years...............  2 years.
22-3831(d).........................  Trafficking in stolen        3 years...............  2 years.
                                      property.

[[Page 70477]]

 
22-3832............................  Receiving stolen property    3 years...............  2 years.
                                      $250+.
22-3841, 3842......................  Forgery: Legal tender......  3 years...............  2 years.
                                     Token......................  3 years...............  2 years.
                                     Other......................  3 years...............  1 year.
22-3851(b).........................  Extortion..................  3 years...............  2 years.
22-3851(b), 3852(b), 3202..........  Armed extortion or           5 years...............  5 years.
                                      blackmail with threats of
                                      violence*.
22-3852(b).........................  Blackmail..................  3 years...............  2 years.
22-3901............................  Senior Citizen Victim......  various...............  various.
22-3902............................  Citizen Patrol Victim......  various...............  various.
22-4003............................  Bias-related crime.........  various...............  various.
22-4102, 24-203.1(e)...............  1 deg. Sex Abuse*..........  5 years or not >        5 years.
                                                                   period of SOR.
22-4102, 3202......................  1 deg. Sex Abuse while       5 years or not >        5 years.
                                      armed*.                      period of SOR.
22-4103, 24-203.1(e)...............  2 deg. Sex Abuse...........  3 years or not >        2 years.
                                                                   period of SOR.
22-4103, 3202......................  2 deg. Sex Abuse while       5 years or not >        5 years.
                                      armed*.                      period of SOR.
22-4104............................  3 deg. Sex Abuse...........  3 years or not >        2 years.
                                                                   period of SOR.
2-4105.............................  4 deg. Sex Abuse...........  3 years or not >        2 years.
                                                                   period of SOR.
2-4108, 24-203.1(e)................  1 deg. Child Sex Abuse*....  5 years or not >        5 years.
                                                                   period of SOR.
22-4108, 3202......................  1 deg. Child Sex Abuse       5 years or not >        5 years.
                                      while armed*.                period of SOR.
22-4109, 24-203.1(e)...............  2 deg. Child Sex Abuse.....  3 years or not >        2 years.
                                                                   period of SOR.
22-4109, 3202......................  2 deg. Child Sex Abuse       5 years or not >        5 years.
                                      while armed*.                period of SOR.
22-4110, 24-203.1(e)...............  Enticing a child...........  3 years or not >        2 years.
                                                                   period of SOR.
2-4113.............................  1 deg. Sex Abuse Ward......  3 years or not >        2 years.
                                                                   period of SOR.
2-4114.............................  2 deg. Sex Abuse Ward......  3 years or not >        2 years.
                                                                   period of SOR.
2-4115.............................  1 deg. Sex Abuse Patient...  3 years or not >        2 years.
                                                                   period of SOR.
2-4116.............................  2 deg. Sex Abuse Patient...  3 years or not >        2 years.
                                                                   period of SOR.
2-4118.............................  Attempt 1 deg. Sex and 1     3 years or not >        2 years various.
                                      deg. Child Sex Abuse.        period of SOR.
                                     Attempt Other..............   various or not >
                                                                   period of SOR.
22-4120............................  Aggravated 1 deg. Sex and    5 years or not >        5 years various.
                                      Child Sex Abuse.             period of SOR.
                                     Aggravated other...........   various or not >
                                                                   period of SOR.
----------------------------------------------------------------------------------------------------------------
                                                    Title 23
----------------------------------------------------------------------------------------------------------------
23-1327(a)(1)......................  Bail Reform Act............  3 years...............  2 years.
23-1328(a)(1)......................  Committing a felony on       3 years...............  2 years.
                                      release.
----------------------------------------------------------------------------------------------------------------
                                                    Title 24
----------------------------------------------------------------------------------------------------------------
24-1113............................  Sex offender failure to      3 years...............  2 years.
                                      register--2nd offense.
----------------------------------------------------------------------------------------------------------------
                                                    Title 33
----------------------------------------------------------------------------------------------------------------
33-541(a)-(b)......................  Manufacture, distribute, or  5 years...............  3 years.
                                      PWID I, II narcotics
                                      (heroin, cocaine, PCP).
                                     I, II, III non-narcotic....  3 years...............  2 years.
                                     IV.........................  3 years...............  1 year.
33-541 et seq., 22-3202............  Distribution or PWID drugs   5 years...............  5 years.
                                      while armed*.
33-543.............................  Drugs--Fraud...............  3 years...............  1 year.
33-543a............................  Drugs--Maintaining house...  3 years...............  3 years.
33-546.............................  Drugs--Distribution to       various...............  various.
                                      minors.
33-547.............................  Drugs--Enlisting minors--    3 years...............  2 years.
                                      1st offense.
                                     2nd + offense..............  3 years...............  2 years.
33-547.1(b)........................  Drug-free zones............  various...............  various.
33-548.............................  Drugs--2nd + offense.......  various...............  various.
33-549.............................  Drugs--Attempt or            various...............  various.
                                      Conspiracy.

[[Page 70478]]

 
33-603(b)..........................  Possession of drug           3 years...............  1 year.
                                      paraphernalia w/intent to
                                      use it--2nd + offense.
33-603(c)..........................  Delivering drug              3 years...............  2 years.
                                      paraphernalia to a minor.
----------------------------------------------------------------------------------------------------------------
                                                    Title 40
----------------------------------------------------------------------------------------------------------------
40-713.............................  Negligent homicide           3 years...............  2 years.
                                      (vehicular).
40-718.............................  Smoke screens..............  3 years...............  2 years.
----------------------------------------------------------------------------------------------------------------
Notes: (1) An asterisk means that the offense is statutorily designated as a Class A felony.
(2) If the defendant is a sex offender subject to registration, the Original Authorized Term of Supervised
  Release is the maximum period of registration to which the sex offender is subject (ten years or life). Sex
  offender registration is required for crimes such as first degree sexual abuse, and such crimes are listed on
  this Table with the notation ``> periods of SOR'' as the Original Authorized Term of Supervised Release. Sex
  offender registration, however, may also be required for numerous crimes (such as burglary or murder) if a
  sexual act or contact was involved or was the offender's purpose. In such cases, the offender's status will be
  determined by the presence of an order from the sentencing court pursuant to D.C. Code 24-1123 certifying that
  the defendant is a sex offender.
(3) If the defendant committed his offense on or after August 5, 2000, but before August 11, 2000, the maximum
  authorized terms of imprisonment and further supervised release shall be determined by reference to 18 U.S.C.
  3583.

    (d) Imprisonment; successive revocations. (1) When the Commission 
revokes a term of supervised release that was imposed by the Commission 
upon a previous revocation of supervised release, the maximum term of 
imprisonment is the maximum term authorized by paragraph (a) of this 
section, less the term or terms of imprisonment that were previously 
imposed by the Commission. In calculating such previously-imposed term 
or terms of imprisonment, the Commission shall use the term as imposed 
without deducting any good time credits that may have been earned by 
the offender prior to his release from prison. In no case shall the 
total of successive terms of imprisonment imposed by the Commission 
exceed the maximum term of imprisonment that the Commission was 
authorized to impose in the first revocation order.
    (2) For example, in the case of a five-year term of supervised 
release carrying a maximum term of imprisonment of three years, the 
Commission at the first revocation may have imposed a one-year term of 
imprisonment and a further four-year term of supervised release. At the 
second revocation, the maximum authorized term of imprisonment will be 
two years, which is the original maximum authorized term of 
imprisonment of three years minus the one-year term of imprisonment 
that was imposed at the first revocation.
    (e) Further term of supervised release; successive revocations. (1) 
When the Commission revokes a term of supervised release that was 
imposed by the Commission following a previous revocation of supervised 
release, the Commission may also impose a further term of supervised 
release. The maximum authorized length of such a term of supervised 
release shall be the original maximum authorized term of supervised 
release as set forth in paragraph (b) of this section, less the total 
of the terms of imprisonment imposed by the Commission on the same 
sentence (including the term of imprisonment imposed in the current 
revocation).
    (2) For example, in the case of a five-year term of supervised 
release carrying a maximum period of imprisonment of three years, the 
Commission at the first revocation may have imposed a one-year term of 
imprisonment and a four-year further term of supervised release. If, at 
a second revocation, the Commission imposes another one-year term of 
imprisonment, the maximum authorized further term of supervised release 
will be three years (the original five-year period minus the total of 
two years imprisonment).
    (f) Effect of sentencing court imposing less than the maximum 
authorized term of supervised release. If the Commission has revoked 
supervised release, the maximum authorized period of further supervised 
release is determined by reference to the original maximum authorized 
term as a set forth in paragraph (b) of this section, even if the 
sentencing court did not originally impose the maximum authorized term.
* * * * *

    Dated: November 15, 2000.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 00-29964 Filed 11-22-00; 8:45 am]
BILLING CODE 4410-31-U