[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25771-25772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12386]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Release of Information to the Public

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The Commission's regulation concerning the disclosure of 
information about offenders under its jurisdiction currently addresses 
only those situations where disclosure is necessary to give notice to 
potential victims of individuals on parole, or to assist law 
enforcement authorities. No provision is made for the general 
disclosure of information about prisoners and parolees when such 
information is considered to be ``public sector'' information that may 
be disclosed without the consent of the subject. At 28 CFR 540.65(b), 
the Bureau of Prisons defines the information that is considered ``a 
matter of public record'' for disclosure to representatives of the 
media. The Parole Commission is now amending its regulation to define 
the information that it gives to the media and to the public generally.

EFFECTIVE DATE: Effective June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, 5550 Friendship Blvd., Chevy Chase, Maryland 20815. Telephone: 
(301) 492-5959.

SUPPLEMENTARY INFORMATION: The information defined as ``public sector'' 
information is consistent with the information defined in 
Sec. 540.65(b), and with the current practice of the U.S. Parole 
Commission. The same policy will be followed for both U.S. and D.C. 
Code offenders.
    It should be noted that, although Commission decisions may be 
disclosed, this does not necessarily include the statement of reasons 
provided by the Commission in support of each decision. Pursuant to its 
routine use exemptions from the Privacy Act of 1974 (published at 53 FR 
7813, March 10, 1988), public disclosure of the full Notice of Action 
issued by the Parole Commission is only available if the Commission has 
determined that disclosure is appropriate ``* * * to further 
understanding of the criminal justice system by the public'' and has 
transmitted the Notice of Action to the Office of Public Affairs of the 
Department of Justice.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this rule is not a 
significant regulatory action for the purposes of Executive Order 
12866, and the rule has, accordingly, not been reviewed by the Office 
of Management and Budget. The 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).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
parole.

The Final Rule

    Accordingly, the U.S. Parole Commission makes the following changes 
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, Sec. 2.37 is amended by adding the following new 
paragraph (c):


Sec. 2.37  Disclosure of information concerning parolees; Statement of 
policy.

* * * * *

[[Page 25772]]

    (c) Information deemed to be ``public sector'' information may be 
disclosed to third parties without the consent of the file subject. 
Public sector information encompasses the following:
    (1) Name;
    (2) Register number;
    (3) Offense of conviction;
    (4) Past and current places of incarceration;
    (5) Age;
    (6) Sentence data on the Bureau of Prisons sentence computation 
record (BP-5);
    (7) Date(s) of parole and parole revocation hearings; and
    (8) The decision(s) rendered by the Commission following a parole 
or parole revocation proceeding, including the dates of continuances 
and parole dates. An inmate's designated future place of incarceration 
is not public information.

    Dated: May 5, 1998.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 98-12386 Filed 5-8-98; 8:45 am]
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