Rule2021-22241
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
October 12, 2021
Effective
October 12, 2021
Issuing agencies
Justice DepartmentParole Commission
Abstract
The United States Parole Commission is amending its rules concerning cases designated as "Original Jurisdiction" to eliminate the designation, voting, appeal, and early termination of parole procedures. After these amendments, cases currently designated as "Original Jurisdiction" will have that designation removed and the voting procedures, appeals, and early termination process will proceed in the same manner as federal parole cases not previously designated as "Original Jurisdiction."
Full Text
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<title>Federal Register, Volume 86 Issue 194 (Tuesday, October 12, 2021)</title>
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[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Rules and Regulations]
[Pages 56645-56646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22241]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2021-06]
RIN 1104-AA11
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.
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SUMMARY: The United States Parole Commission is amending its rules
concerning cases designated as ``Original Jurisdiction'' to eliminate
the designation, voting, appeal, and early termination of parole
procedures. After these amendments, cases currently designated as
``Original Jurisdiction'' will have that designation removed and the
voting procedures, appeals, and early termination process will proceed
in the same manner as federal parole cases not previously designated as
``Original Jurisdiction.''
DATES: Effective October 12, 2021.
FOR FURTHER INFORMATION CONTACT: Gregory Thornton, Assistant General
Counsel, U.S. Parole Commission, 90 K Street NE, Third Floor,
Washington, DC 20530, telephone (202) 346-7033. Questions about this
publication are welcome, but inquiries concerning individual cases
cannot be answered over the telephone.
SUPPLEMENTARY INFORMATION: Rule 28 CFR 2.17 governs ``Original
Jurisdiction'' cases. In essence, 28 CFR 2.17 allowed a Regional
Commissioner to refer high profile or complex cases to the Commission's
National Commissioners for a majority vote. The purpose of the rule was
to ensure consistency in Commission decisions while also allowing the
National Commissioners to set the Commission's national policy. All
Commissioners are now National Commissioners and there are no longer
differences in decision making by region. Therefore, the utility of 28
CFR 2.17 no longer exists.
Likewise, rule 28 CFR 2.24(b)(1) explains the process for
designating a case as ``Original Jurisdiction.'' Removing 28 CFR 2.17
makes this rule meaningless and it must be removed as well.
Similarly, rule 28 CFR 2.27 governs petitions for reconsideration
of cases decided under the ``Original Jurisdiction'' procedures stated
in 28 CFR 2.17. With the amendment to 28 CFR 2.17 which eliminates
``Original Jurisdiction'' cases after the publication of the final
rule, there is no further purpose to 28 CFR 2.27. Federal parole
eligible inmates and parolees will still have the ability to submit an
administrative appeal pursuant to 28 CFR 2.26.
Additionally, rule 28 CFR 2.28(a) merely makes reference to
``Original Jurisdiction'' cases and this amendment removes the
reference to ``Original Jurisdiction'' cases as that designation no
longer exists.
Finally, rule 28 CFR 2.43 governs how the U.S. Parole Commission
can terminate parole supervision before the date of the expiration of
the criminal sentence. In particular, 28 CFR 2.43(f) explains that the
voting procedure for terminating parole supervision early for a case
designated as ``Original Jurisdiction'' must comply with the
requirements of 28 CFR 2.17. With the removal of 28 CFR 2.17 which
eliminates ``Original Jurisdiction'' cases after the publication of the
final rule, there is no further purpose to 28 CFR 2.43(f) because no
cases will remain designated as ``Original Jurisdiction.'' Similarly,
28 CFR 2.43(e) states the procedure for appealing an adverse early
termination decision and makes reference to the ``Original
Jurisdiction'' appeal procedure as stated in 28 CFR 2.27. With the rule
changes eliminating ``Original Jurisdiction'' designations and thus
``Original Jurisdiction'' voting and appellate procedures, modifying 28
CFR 2.43(e) and (f) to eliminate reference to ``Original Jurisdiction''
procedures is appropriate.
The amended rules will take effect upon publication in the Federal
Register and will apply to the cases designated as ``Original
Jurisdiction'' on the effective date.
Executive Orders 12866 and 13563
These regulations have 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,
[[Page 56646]]
``Improving Regulation and Regulatory Review,'' section 1(b), General
Principles of Regulation. The Commission has determined that these
rules are not a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and accordingly
these rules have not been reviewed by the Office of Management and
Budget.
Executive Order 13132
These rules 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, these rules do not
have sufficient federalism implications requiring a Federalism
Assessment.
Regulatory Flexibility Act
These rules 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
These rules 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)
These rules are not considered ``major rules'' 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). These rules 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, these are
rules of agency practice or procedure that does not substantially
affect the rights or obligations of non-agency parties, and do 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 is adopting the following
amendment to 28 CFR part 2:
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).
Sec. 2.17 [Removed and Reserved]
0
2. Remove and reserve Sec. 2.17.
0
3. Amend Sec. 2.24 by revising paragraph (b) to read as follows:
Sec. 2.24 Review of panel recommendation by the Regional
Commissioner.
* * * * *
(b) Upon review of the panel recommendation, the Regional
Commissioner may also remand the case for a rehearing, with the notice
of such action specifying the purpose of the rehearing.
Sec. 2.27 [Removed and Reserved]
0
4. Remove and reserve Sec. 2.27.
0
5. Amend Sec. 2.28 by revising paragraph (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, 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.
* * * * *
0
6. Amend Sec. 2.43 by:
0
a. Revising paragraph (e); and
0
b. Removing and reserving paragraph (f).
The revision reads as follows:
Sec. 2.43 Early termination.
* * * * *
(e) A parolee may appeal an adverse decision under paragraph (c) of
this section under Sec. 2.26.
* * * * *
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-22241 Filed 10-8-21; 8:45 am]
BILLING CODE 4410-31-P
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