Rule2021-16447
Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2021
Effective
August 17, 2021
Issuing agencies
Justice DepartmentParole Commission
Abstract
The United States Parole Commission is revising its regulations to eliminate a policy of imposing the maximum permissible term of supervised release as a consequence of the revocation of an earlier supervised release term for offenders sentenced under the D.C. Code.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45861-45862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16447]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2021-01]
Paroling, Recommitting, and Supervising Federal Prisoners:
Prisoners Serving Sentences Under the United States and District of
Columbia Codes
AGENCY: United States Parole Commission, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: The United States Parole Commission is revising its
regulations to
[[Page 45862]]
eliminate a policy of imposing the maximum permissible term of
supervised release as a consequence of the revocation of an earlier
supervised release term for offenders sentenced under the D.C. Code.
DATES: This regulation is effective August 17, 2021. Comments due on or
before September 16, 2021.
ADDRESSES: Submit your comments, identified by docket identification
number USPC-2021-01 by one of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow
the online instructions for submitting comments.
2. Mail: Office of the General Counsel, U.S. Parole Commission,
attention: USPC Rules Group, 90 K Street NE, Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel,
U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC
20530, telephone (202) 346-7030. Questions about this publication are
welcome, but inquiries concerning individual cases cannot be answered
over the telephone.
SUPPLEMENTARY INFORMATION: Since 2000, the Commission has maintained a
general policy at 28 CFR 2.218(e), that it would impose the maximum
permissible term of supervised release as a consequence of the
revocation of an earlier supervised release term for offenders
sentenced under the D.C. Code. The policy was based on the judgment
that, for most cases, a supervised release violator has, by virtue of
committing violations that are serious enough to justify revocation,
shown the need for further supervision to the limits allowed by law.
Based upon its experience with the D.C. Code sentenced supervised
releasees for over 20 years, the Commission has determined that this
policy should be repealed. Under the reviewed regulation the Commission
will retain the discretion to impose the maximum permissible term when
it finds that the offender would benefit from a lengthier period of
supervision, but there will no longer be a policy guiding that
decision.
The Commission is promulgating this rule as an interim rule and is
providing a 30-day period for public comment. The revised rule will
take effect upon publication in the Federal Register.
Executive Orders 12866 and 13563
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulation Planning and Review,'' section
1(b), Principles of Regulation, and in accordance with Executive Order
13565, ``Improving Regulation and Regulatory Review,'' section 1(b),
General Principles of Regulation. The Commission has determined that
this rule is not a ``significant regulatory action'' under Executive
Order 12866, section 3(f), Regulatory Planning and Review, and
accordingly this rule has not been reviewed by the Office of Management
and Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Under Executive Order 13132, this rule does not
have sufficient federalism implications requiring a Federalism
Assessment.
Regulatory Flexibility Act
This 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).
Unfunded Mandates Reform Act of 1995
This rule will not cause State, local, or tribal governments, or
the private sector, to spend $100,000,000 or more in any one year, and
they will not significantly or uniquely affect small governments. No
action under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E-
Congressional Review Act)
This rule is not a ``major rule'' as defined by Section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E-
Congressional Review Act, now codified at 5 U.S.C. 804(2). This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on the ability of United States-based companies to compete with
foreign-based companies. Moreover, this is a rule of agency practice or
procedure that does not substantially affect the rights or obligations
of non-agency parties, and does not come within the meaning of the term
``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C.
804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does
not apply.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Prisoners, Probation and
Parole.
The Interim Rule
Accordingly, the U. S. Parole Commission amends 28 CFR part 2 as
follows:
PART 2--[AMENDED]
0
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).
0
2. Revise Sec. 2.218(e) to read as follows:
Sec. 2.218 Revocation decisions.
* * * * *
(e) If the Commission imposes a new term of imprisonment that is
equal to the maximum term of imprisonment authorized by law or, in the
case of a subsequent revocation, that uses up the remainder of the
maximum term of imprisonment by law, the Commission may not impose a
further term of supervised release.
* * * * *
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-16447 Filed 8-16-21; 8:45 am]
BILLING CODE 4410-31-P
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</html>Indexed from Federal Register on August 17, 2021.
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