Rule2021-19917
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 16, 2021
Effective
September 16, 2021
Issuing agencies
Justice DepartmentParole Commission
Abstract
The United States Parole Commission is revising its regulation to reopen and advance a parole date to explicitly reference medical and compassionate reasons as bases for reopening.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51611-51612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19917]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2021-03]
RIN 1104-AA08
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 regulation
to reopen and advance a parole date to explicitly reference medical and
compassionate reasons as bases for reopening.
DATES: This regulation is effective September 16, 2021. Comments due on
or before October 18, 2021.
ADDRESSES: Submit your comments, identified by docket identification
number USPC-2021-03 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: The Parole Commission's regulation at 28 CFR
2.15 provides that after the prisoner has served the minimum term, the
Bureau of Prisons (``BOP'') may petition the Commission to reopen the
case under 28 CFR 2.28(a) to consider the case for parole prior to the
date set by the Commission at the initial or review hearing. The
regulation requires that the BOP's request show cause for earlier
release and provides examples such as ``an emergency, hardship, or the
existence of other extraordinary circumstances that would warrant
consideration of early parole.'' These examples encompass a very broad
set of circumstances that the Commission could consider, which would
include illness and aging.
The Commission is not limited to only considering requests from the
BOP, the regulation at 28 CFR 2.28(a), which is used for reopening a
case for favorable information, can be used to consider a request from
other sources, such as the prisoner or a family member. Revising the
heading of the regulation will help to highlight its use to consider
prisoners for compassionate release in addition to the ``favorable
information'' that the Commission usually considers, such as program
achievement in the institution. Revising the text of the regulation to
include medical and other ``extraordinary and compelling'' information
will broaden the circumstances that the Commission can consider for
possible advancement of the release date.
Section 2.28(a) permits advancement of a presumptive parole date to
an earlier presumptive parole date, advancement of a presumptive parole
date to an earlier effective parole date, advancement of a continue to
expiration decision to a presumptive or effective parole date, and
advancement of a 15-year reconsideration hearing to a presumptive or
effective parole date without conducting a hearing. The Commissioner
reopening the decision does have the option of ordering a
reconsideration hearing to consider this new information.
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).
[[Page 51612]]
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2. Revise Sec. 2.28(a) to read as follows:
Sec. 2.28 Reopening of cases.
(a) Favorable information or information supporting medical parole
or compassionate release. Upon the receipt of new information of
substantial significance favorable to the prisoner, including medical
information, or other extraordinary and compelling information, a
Commissioner may reopen a case (including an original jurisdiction
case), and order a special reconsideration hearing on the next
available docket, or modify the previous decision. The advancement of a
presumptive release date or a decision to continue to a 15-year
reconsideration hearing requires the concurrence of two Commissioners.
* * * * *
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-19917 Filed 9-15-21; 8:45 am]
BILLING CODE 4410-31-P
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</html>Indexed from Federal Register on September 16, 2021.
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