Rule2021-19884
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
September 15, 2021
Effective
September 15, 2021
Issuing agencies
Justice DepartmentParole Commission
Abstract
The United States Parole Commission is adopting a final rule to conform with the District of Columbia Council's amendment to medical and geriatric parole law which removed an exception that excluded prisoners convicted of certain violent offenses from medical parole consideration.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Pages 51272-51273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19884]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2021-05]
RIN 1104-AA10
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Parole Commission is adopting a final rule
to conform with the District of Columbia Council's amendment to medical
and geriatric parole law which removed an exception that excluded
prisoners convicted of certain violent offenses from medical parole
consideration.
DATES: Effective September 15, 2021.
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:
Background: The U.S. Parole Commission is responsible for medical
parole release decisions for District of
[[Page 51273]]
Columbia felony offenders who are eligible for parole. The Commission
took over this responsibility on August 5, 1998 as a result of the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33. 11231(a)(1), 111 Stat. 712, 745 (effective
August 5, 1998). The Commission's new duties included medical parole
determinations for D.C. offenders previously made by the D.C. Board of
Parole pursuant to the Medical and Geriatric Parole Act of 1992, D.C.
Law 9-271; D.C. Official Code 24-461, et seq. (effective May 15, 1993).
The Commission promptly enacted regulations to implement its new
duties, which included the rule that set forth criteria and procedures
for implementing the medical parole provisions in D.C. Code 24-261-64,
267 at 28 CFR 2.77. 63 FR 39172-39183 (July 21, 1998). Regulation 28
CFR 2.77 governs the Commission's decision to release a D.C. prisoner
on medical parole. The Commission exercises its discretion to grant
medical parole to eligible prisoners on the basis of either terminal
illness or permanent and irreversible incapacitation if the Commission
determines the prisoner meets certain eligibility criteria. Originally,
prisoners convicted of certain violent offenses were excluded from
benefits of medical parole. (D.C. Law 9-271; D.C. Official Code 24-
467.)
In 2012, the D.C. Council amended D.C. Code 24-267 when it approved
the Compassionate Release Authorization Amendment Act of 2012, D.C. Law
19-318 (Act 19-479). D.C. Law 19-318 rewrote section 24-467, which
formerly read: ``Persons convicted of first degree murder or persons
sentenced for crimes committed when armed under 22-4502, or under 22-
4504(b), and 22-2803, shall not be eligible for geriatric or medical
parole.'' Effective June 15, 2013, D.C. Law 19-318 removed the
exception for medical parole.
The Revitalization Act requires the Commission to follow District
of Columbia parole law and regulations and authorizes the Commission to
``amend or supplement'' the parole regulations of the District of
Columbia as it sees fit. See D.C. Code 24-1231(a)(1)(2001). As part of
that authority, the Parole Commission has decided to update its
regulation in light of the change in D.C. law that relates to the
medical parole exception by promulgating a final rule to amend 28 CFR
2.77 to remove paragraph (g)(1). As a result, prisoners convicted of
certain violent offenses will not be excluded from the benefit of
medical parole and 28 CFR 2.77 will comport with current D.C. law. See
D.C. Code 24-267.
The rule change does not impact the sole discretion and
jurisdiction of the Commission to grant medical parole. See D.C. Code
24-1231(a)(1)(2001); D.C. Code 24-463. Following the rule change, the
Commission will still consider whether to exercise its discretion to
grant medical parole for those prisoners previously excluded from
medical parole as it will any other prisoner.
Because this action is being taken to conform with a change in D.C.
statute, it is being published as a final rule.
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
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 Final 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. 2.77(g) to read as follows:
Sec. 2.77 Medical parole.
* * * * *
(g) Notwithstanding any other provision of this section, a prisoner
shall not be eligible for medical parole on the basis of a physical or
medical condition that existed at the time the prisoner was sentenced
(D.C. Code 24-462).
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-19884 Filed 9-14-21; 8:45 am]
BILLING CODE 4410-31-P
</pre></body>
</html>Indexed from Federal Register on September 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.