25770 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations

Counsel, U.S. Parole Commission, 5550

Friendship Blvd., Chevy Chase,

Maryland 20815, telephone (301) 492–

5959.

SUPPLEMENTARY INFORMATION: In certain

categories of cases, the U.S. Parole

Commission has found that an

appropriate sanction for parole failure

can be determined through a review of

the parolee’s record and by reference to

the applicable reparole guidelines. The

majority of these cases involve

administrative violations, drug use, and

drug treatment program failure, as well

as petty crimes. The sanction is

revocation and a presumptive reparole

date. In other cases, the violation of

parole may be serious enough that the

only appropriate sanction is revocation

and denial of reparole. The Commission

has found that many arrested parole

violators in these categories are willing

to waive their right to a hearing under

18 U.S.C. 4214 in order to be removed

from a local jail and complete the

prescribed period of imprisonment in an

institution where programming and

other amenities are available.

Accordingly, in 1996, the Commission

approved a pilot project for an

‘‘expedited revocation procedure.’’ After

the preliminary interview has been

conducted following the arrest of the

accused parole violator, the Commission

offers the parolee the opportunity to

consent to revocation and a sanction of

a definite number of months in prison.

The procedure was initially limited to

Category One violations on the

guidelines at 28 CFR 2.20. Category Two

violations and cases where the

Commission proposed to deny reparole

altogether (‘‘continue to expiration’’)

were eventually added. The procedure

is also used in the case of parolees who

will complete an adequate sanction by

serving a new state or federal sentence,

but for whom revocation of parole is

necessary in order to guarantee an

adequate period of parole supervision

following release from imprisonment.

This is accomplished by an order

forfeiting the time spent on parole,

which accompanies an order of

revocation.

Over the course of the pilot project,

1223 cases were considered for the

expedited revocation procedure, with an

acceptance rate of 76.2%. The project

has saved agency resources as well as

critical jail space without diminishing

in any respect the sanctions normally

imposed by the Commission on these

types of parole violators. It is to be

emphasized that the ‘‘expedited

revocation procedure’’ is in no sense a

form of plea-bargaining; the Parole

Commission offers the accused violator

the sanction that is considered

appropriate by the Commission. If the

parolee does not accept the proposed

sanction, a revocation hearing is

conducted. Following the hearing, any

appropriate sanction may be imposed.

Moreover, the parolee’s acceptance of

the Commission’s offer does not create

a ‘‘plea agreement’’ that can be

subsequently enforced to avoid

consequences required by regulation or

law (e.g., a consecutive sentence that is

not referenced in the Commission’s

offer).

It is also to be emphasized that the

Parole Commission may, in its

discretion, decide not to offer an

expedited revocation if there is any

aspect of the case that appears to

warrant an in-person revocation

hearing, and may rescind an offer at any

time in order to schedule an in-person

hearing.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this proposed rule is

not a significant rule within the

meaning of Executive Order 12866, and

the proposed rule has, accordingly, not

been reviewed by the Office of

Management and Budget. The proposed

rule, if adopted, 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 is amended by

adding § 2.67 to read as follows:

§ 2.67 Expedited Revocation Procedure.

(a) In addition to the actions available

to the Commission under § 2.47(a) and

(b), and under § 2.48, the Commission

may offer an alleged parole violator an

opportunity to accept responsibility for

his violation behavior, to waive a

revocation hearing, and to accept the

sanction proposed by the Commission

in the Notice of Eligibility for Expedited

Revocation Procedure that is sent to the

alleged parole violator.

(b) The following cases may be

considered under the expedited

revocation procedure:

(1) Cases in which the alleged parole

violator has been given a preliminary

interview under § 2.48, and the alleged

violation behavior would be graded

Category One or Category Two;

(2) Cases in which the alleged violator

has been given a preliminary interview

under § 2.48 and the proposed decision

is continue to expiration of sentence,

regardless of offense category; and

(3) Cases in which an alleged violator

has received a dispositional review

under § 2.47, and the Commission

determines that conditional withdrawal

of the warrant would be appropriate, but

forfeiture of street time is deemed

necessary to provide an adequate period

of supervision.

(c) The alleged violator’s consent shall

not be deemed to create an enforceable

agreement with respect to any action the

Commission is authorized to take by law

or regulation, or to limit in any respect

the normal statutory consequences of a

revocation of parole or mandatory

release.

Dated: May 5, 1998.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 98–12388 Filed 5–8–98; 8:45 am]

BILLING CODE 4410–01–P

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Paroling, Recommitting, and

Supervising Federal Prisoners:

Electronic Issuance of Paroling

Violation Warrants

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

SUMMARY: The U.S. Parole Commission

is amending a regulation that requires

parole violation warrants to be issued by

U.S. Mail. In order to expedite the

receipt of warrants by the U.S. Marshals

Service, the regulation is being amended

to permit warrants to be sent by

electronic transmission. Although an

alleged parole violator may be arrested

by authorized officials who have been

alerted to the issuance of a warrant but

have not actually received the warrant,

a procedure that will ensure the

immediate receipt of warrants by

arresting authorities will avoid

confusion as to the Commission’s

instructions and the parolee’s status.
Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations 25771

EFFECTIVE DATE: June 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of General

Counsel, 5550 Friendship Blvd., Chevy

Chase, MD 20815. Telephone: (301)

492–5959.

SUPPLEMENTARY INFORMATION: The

Commission has determined that cases

of confusion over whether a warrant

should be executed or placed as a

detainer (if the alleged parole violator is

already in custody on another charge)

can be readily avoided if the

Commission adopts a procedure

designed to expedite the receipt of

warrants by the U.S. Marshals Service.

Other possibilities for delay and

confusion prior to the receipt of a signed

warrant can also be avoided. The only

legal obligation under which the

Commission operates with respect to the

issuance of valid warrants is that a

warrant must be issued prior to the

expiration of the parolee’s sentence.

Issuance and delivery of a warrant are

separate events. 18 U.S.C. 4213(d)

(1976).

The term ‘‘issue’’ means to send out

officially. Hervey v. Secretary of Health

and Human Services, 88 F.3d 1001,

1002 (Fed. Cir. 1996). The long-accepted

definition of the term ‘‘issue’’ has never

been specific as to means of issuance.

Accordingly, the Parole Commission

may, by regulation, define the issuance

of a warrant as being the electronic

transmission of the signed warrant to

the arresting authorities. The date and

time of ‘‘issuance’’ of a warrant will be

the date and time it is transmitted

electronically. The signed original,

having been thus issued, will remain in

the Commission’s file.

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, 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, § 2.44 (c) is revised

to read as follows:

§ 2.44 Summons to appear or warrant for

retaking of parolee.

* * * * *

(c) A summons or warrant may be

issued only within the prisoner’s

maximum term or terms except that in

the case of a prisoner released as if on

parole pursuant to 18 U.S.C. 4164, such

summons or warrant may be issued only

within the maximum term or terms, less

one hundred eighty days. 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 intended authorities.

* * * * *

Dated: May 5, 1998.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 98–12387 Filed 5–8–98; 8:45 am]

BILLING CODE 4410–01–P

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.

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 § 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, § 2.37 is amended

by adding the following new paragraph

(c):

§ 2.37 Disclosure of information

concerning parolees; Statement of policy.

* * * * *