81 FR 13974 - Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes

DEPARTMENT OF JUSTICE
Parole Commission

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range		13974-13976
FR Document		2016-05639

The U.S. Parole Commission is adopting a final rule to amend the voting requirements for decisions to terminate a D.C. Code parolee's supervision before the expiration of the sentence. The new rule permits one commissioner to make the decision to terminate parole. The rule currently requires two commissioners to agree to terminate parole early. The Commission is also revising reporting requirements for supervision officers who supervise D.C. Code offenders on parole and supervised release by removing the requirement for reports to be submitted after the completion of 12 months of continuous supervision.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13974-13976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05639]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2016-01]


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Parole Commission is adopting a final rule to amend 
the voting requirements for decisions to terminate a D.C. Code 
parolee's supervision before the expiration of the sentence. The new 
rule permits one commissioner to make the decision to terminate parole. 
The rule currently requires two commissioners to agree to terminate 
parole early. The Commission

[[Page 13975]]

is also revising reporting requirements for supervision officers who 
supervise D.C. Code offenders on parole and supervised release by 
removing the requirement for reports to be submitted after the 
completion of 12 months of continuous supervision.

DATES: Effective March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel, 
Office of the General Counsel, U.S. Parole Commission, 90 K Street NE., 
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 August 5, 1998, as a result of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997, D.C. Code section 24-131(a) (hereinafter ``the Revitalization 
Act''), the U.S. Parole Commission has had exclusive jurisdiction over 
District of Columbia Code felony offenders. Before this transfer of 
jurisdiction, the D.C. Board of Parole had the authority to release a 
D.C. Code parolee from supervision upon the vote of a majority of the 
D.C. Board of Parole. For a D.C. Code parolee released from 
supervision, all conditions of parole would be waived except the 
condition that the parolee not violate the law or engage in any conduct 
which might bring discredit to the parole system. The parolee was not, 
however, released from the custody of the Attorney General or the 
jurisdiction of the D.C. Board of Parole before the expiration of the 
sentence, which meant that the D.C. Board of Parole maintained 
jurisdiction to issue a warrant to return the parolee to custody if, 
before the expiration of the maximum period of supervision, the parolee 
committed a new crime or engaged in conduct which might bring discredit 
to the parole system.
    Following the transfer of authority over D.C. Code parolees to the 
U.S. Parole Commission, the D.C. Council enacted the Equitable Street 
Time Amendment Act of 2008 (effective May 20, 2009) (hereinafter ``the 
Equitable Street Time Amendment Act''). Section 3(a) of the Equitable 
Street Time Amendment Act permits the U.S. Parole Commission to 
terminate legal custody over D.C. Code parolees in a fashion that is 
similar to the U.S. Parole Commission's authority to terminate parole 
for U.S. Code parolees. The Commission promulgated regulations to 
terminate parole before the expiration of the sentence pursuant to the 
authority granted under the Revitalization Act. These regulations were 
similar to the regulations for early termination of parole for U.S. 
Code sentenced parolees, but required that two commissioners agree on 
the decision to terminate supervision early.
    With the revision published today, the Commission is establishing 
an appropriate voting quorum for decisionmaking. The result is 
consistent with the Commission's goal of achieving greater uniformity 
in its procedures for all cases under its jurisdiction. One 
commissioner may make the decision to terminate parole for D.C. Code 
parolees, as is the procedure for terminating parole for U.S. Code 
sentenced parolees and terminating supervised release for D.C. Code 
sentenced offenders on supervised release. Because the revision of the 
rule will affect only the internal voting procedures of the Commission, 
and will not implicate the merits of any parolee's case for termination 
of parole, notice and public comment are not required. 18 U.S.C. 
553(b)(A).
    The Commission is also eliminating the requirement that supervision 
officers provide initial supervision reports for D.C. Code offenders 
under its jurisdiction 90 days after the parolee has been released from 
prison and a supervision report after the completion of 12 months of 
continuous community supervision, and replacing it with the requirement 
that the supervision officer provide an initial supervision report 
after the completion of 24 months of continuous supervision. This 
revision will make the timeframes for submitting the initial 
supervision report consistent with U.S. Code sentenced parolees. Notice 
and public comment are not required because the revision of the rule 
will only affect procedures for submitting reports to the Commission. 
18 U.S.C. 553(b)(A).

Executive Order 13132

    These regulations 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

    The 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

    The 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 
it 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 ``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). The 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 do 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 adopts 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).


0
2. Amend Sec.  2.74 by revising paragraph (c) to read as follows:


Sec.  2.74  Decision of the Commission.

* * * * *
    (c) The Commission shall resolve relevant issues of fact in 
accordance with Sec.  2.19(c). Decisions granting or denying parole 
shall be based on the concurrence of two Commissioners, except that 
three Commissioners votes shall be required if the decision differs 
from the decision recommended by the examiner panel by more than six 
months. All other decisions, including decisions on revocation and 
reparole

[[Page 13976]]

made pursuant to Sec.  2.105(c), and decisions terminating a parolee 
early from supervision, shall be based on the vote of one Commissioner, 
except as otherwise provided in this subpart.

0
3. Revise Sec.  2.94 to read as follows:


Sec.  2.94  Supervision reports to Commission.

    A supervision report shall be submitted by the responsible 
supervision officer to the Commission for each parolee after the 
completion of 24 months of continuous supervision and annually 
thereafter. The supervision officer shall submit such additional 
reports and information concerning both the parolee, and the 
enforcement of the conditions of the parolee's supervision, as the 
Commission may direct. All reports shall be submitted according to the 
format established by the Commission.

0
4. Revise Sec.  2.207 to read as follows:


Sec.  2.207  Supervision reports to Commission.

    A supervision report shall be submitted by the responsible 
supervision officer to the Commission for each releasee after the 
completion of 24 months of continuous supervision and annually 
thereafter. The supervision officer shall submit such additional 
reports and information concerning both the releasee, and the 
enforcement of the conditions of the supervised release, as the 
Commission may direct. All reports shall be submitted according to the 
format established by the Commission.

    Dated: March 4, 2016.
J. Patricia Wilson Smoot,
Chairman, U.S. Parole Commission.
[FR Doc. 2016-05639 Filed 3-15-16; 8:45 am]
BILLING CODE 4410-31-P

13974 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

■ 2. Section 736.2 is amended by (A) The vessel is exported or 1899, 3 CFR, 2006 Comp., p. 325; Notice of
revising paragraph (b)(8)(i) to read as reexported on temporary sojourn to May 6, 2015, 80 FR 26815 (May 8, 2015);
follows: Cuba pursuant to this paragraph (d) or Notice of August 7, 2015, 80 FR 48233
a license from BIS; and (August 11, 2015).
§ 736.2 General prohibitions and (B) The cargo departs with the vessel ■ 7. Section 746.2 is amended by:
determination of applicability.
at the end of its temporary sojourn to ■ a. Removing the word ‘‘and’’ from the
* * * * * Cuba, does not enter the Cuban end of paragraph (b)(3)(i)(B);
(b) * * * economy and is not transferred to ■ b. Removing the period from the end
(8) * * * another vessel while in Cuba. of paragraph (b)(3)(i)(C) and adding ‘‘;
(i) Unlading and shipping in transit. Note to paragraph (d). A vessel and’’ in its place;
You may not export or reexport an item exported or reexported to a country ■ c. Adding paragraph (b)(3)(i)(D); and
through, or transit through a country pursuant to this paragraph (d) may not ■ d. Revising Note 1 to paragraph
listed in paragraph (b)(8)(ii) of this remain in that country for more than 14 (b)(3)(i).
section, unless a license exception or consecutive days before it departs for a The addition and revision read as
license authorizes such an export or country to which it may be exported follows:
reexport directly to or transit through without a license or the United States.
such a country of transit, or unless such § 746.2 Cuba.
* * * * *
an export or reexport is eligible to such * * * * *
a country of transit without a license. ■ 5. Section 740.21 is amended by:
(b) * * *
■ a. Revising paragraph (e)(1);
* * * * * (3) * * *
■ b. Removing paragraph (e)(2);
(i) * * *
PART 740—[AMENDED] ■ c. Redesignating paragraph (e)(3) as
(D) Items that will enable or facilitate
(e)(2); and export from Cuba of items produced by
■ 3. The authority citation for part 740 ■ d. Revising the note to paragraph (e).
the private sector.
continues to as follows: The revisions read as follows: Note 1 to paragraph (b)(3)(i): Licenses
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. § 740.21 Support for the Cuban People issued pursuant to the policy set forth
1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. (SCP). in this paragraph generally will have a
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. condition prohibiting both reexports
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
* * * * *
(e) * * * from Cuba to any other destination and
Comp., p. 783; Notice of August 7, 2015, 80
(1) The export or reexport to Cuba of uses that enable or facilitate the export
FR 48233 (August 11, 2015).
items for use by persons authorized by of goods or services from Cuba, that
■ 4. Section 740.15 is amended by the Department of the Treasury, Office primarily generate revenue for the state.
revising paragraph (d)(6) to read as of Foreign Assets Control (OFAC) to * * * * *
follows: establish and maintain a physical or Dated: March 14, 2016.
§ 740.15 Aircraft, vessels and spacecraft business presence in Cuba pursuant to Kevin J. Wolf,
(AVS). 31 CFR 515.573 or pursuant to a specific Assistant Secretary for Export
* * * * * license issued by OFAC. The items Administration.
(d) * * * authorized pursuant to this paragraph [FR Doc. 2016–06019 Filed 3–15–16; 8:45 am]
(6) Cuba—(i) Eligible vessels and (e)(1) are limited to those designated as
BILLING CODE 3510–33–P
purposes. Only the types of vessels EAR99 (i.e., items subject to the EAR but
listed in this paragraph (d)(6)(i) not specified in any ECCN) or controlled
departing for Cuba for the purposes on the CCL only for anti-terrorism
reasons. DEPARTMENT OF JUSTICE
listed in this paragraph (d)(6)(i) may
depart for Cuba pursuant to this * * * * * Parole Commission
paragraph (d). Vessels used to transport Note to paragraph (e). Any resulting
both passengers and items to Cuba may payments associated with establishing 28 CFR Part 2
transport automobiles only if the export or maintaining a physical or business
or reexport of the automobiles to Cuba presence in Cuba, such as lease [Docket No. USPC–2016–01]
has been authorized by a separate payments, are permitted only to the
Paroling, Recommitting, and
license issued by BIS (i.e., not extent authorized by 31 CFR 515.573 or
Supervising Federal Prisoners:
authorized by license exception). a specific license issued by OFAC.
Prisoners Serving Sentences Under
(A) Cargo vessels for hire for use in * * * * * the United States and District of
the transportation of items; Columbia Codes
(B) Passenger vessels for hire for use PART 746—[AMENDED]
in the transportation of passengers and/ AGENCY: United States Parole
or items; and ■ 6. The authority citation for part 746 Commission, Justice.
(C) Recreational vessels that are used continues to read as follows:
ACTION: Final rule.
in connection with travel authorized by Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
the Department of the Treasury, Office 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. SUMMARY: The U.S. Parole Commission
of Foreign Assets Control (OFAC). L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 22 is adopting a final rule to amend the
Note to paragraph (d)(6)(i)(C): Readers U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. voting requirements for decisions to
mstockstill on DSK4VPTVN1PROD with RULES

should also consult U.S. Coast Guard 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. terminate a D.C. Code parolee’s
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 supervision before the expiration of the
regulations at 33 CFR part 107 Subpart
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
B—Unauthorized Entry into Cuban CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
sentence. The new rule permits one
Territorial Waters. 26751, 3 CFR, 2004 Comp., p 168; commissioner to make the decision to
(ii) Intransit cargo. Cargo laden on Presidential Determination 2003–23, 68 FR terminate parole. The rule currently
board a vessel may transit Cuba 26459, 3 CFR, 2004 Comp., p. 320; requires two commissioners to agree to
provided: Presidential Determination 2007–7, 72 FR terminate parole early. The Commission

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations 13975

is also revising reporting requirements regulations for early termination of Unfunded Mandates Reform Act of
for supervision officers who supervise parole for U.S. Code sentenced parolees, 1995
D.C. Code offenders on parole and but required that two commissioners The rules will not cause State, local,
supervised release by removing the agree on the decision to terminate or tribal governments, or the private
requirement for reports to be submitted supervision early. sector, to spend $100,000,000 or more in
after the completion of 12 months of any one year, and it will not
With the revision published today,
continuous supervision. significantly or uniquely affect small
the Commission is establishing an
DATES: Effective March 16, 2016. governments. No action under the
appropriate voting quorum for
FOR FURTHER INFORMATION CONTACT: Unfunded Mandates Reform Act of 1995
decisionmaking. The result is consistent
Helen H. Krapels, General Counsel, is necessary.
with the Commission’s goal of achieving
Office of the General Counsel, U.S.
greater uniformity in its procedures for Small Business Regulatory Enforcement
Parole Commission, 90 K Street NE.,
all cases under its jurisdiction. One Fairness Act of 1996 (Subtitle E—
Washington, DC 20530, telephone (202)
commissioner may make the decision to Congressional Review Act)
346–7030. Questions about this
publication are welcome, but inquiries terminate parole for D.C. Code parolees, These rules are not ‘‘major rules’’ as
concerning individual cases cannot be as is the procedure for terminating defined by Section 804 of the Small
answered over the telephone. parole for U.S. Code sentenced parolees Business Regulatory Enforcement
SUPPLEMENTARY INFORMATION: Since and terminating supervised release for Fairness Act of 1996 Subtitle E—
August 5, 1998, as a result of the D.C. Code sentenced offenders on Congressional Review Act, now codified
National Capital Revitalization and Self- supervised release. Because the revision at 5 U.S.C. 804(2). The rules will not
Government Improvement Act of 1997, of the rule will affect only the internal result in an annual effect on the
D.C. Code section 24–131(a) (hereinafter voting procedures of the Commission, economy of $100,000,000 or more; a
‘‘the Revitalization Act’’), the U.S. and will not implicate the merits of any major increase in costs or prices; or
Parole Commission has had exclusive parolee’s case for termination of parole, significant adverse effects on the ability
jurisdiction over District of Columbia notice and public comment are not of United States-based companies to
Code felony offenders. Before this required. 18 U.S.C. 553(b)(A). compete with foreign-based companies.
transfer of jurisdiction, the D.C. Board of Moreover, these are rules of agency
The Commission is also eliminating practice or procedure that do not
Parole had the authority to release a the requirement that supervision
D.C. Code parolee from supervision substantially affect the rights or
officers provide initial supervision obligations of non-agency parties, and
upon the vote of a majority of the D.C. reports for D.C. Code offenders under its
Board of Parole. For a D.C. Code parolee do not come within the meaning of the
jurisdiction 90 days after the parolee has term ‘‘rule’’ as used in Section
released from supervision, all
been released from prison and a 804(3)(C), now codified at 5 U.S.C.
conditions of parole would be waived
supervision report after the completion 804(3)(C). Therefore, the reporting
except the condition that the parolee not
of 12 months of continuous community requirement of 5 U.S.C. 801 does not
violate the law or engage in any conduct
which might bring discredit to the supervision, and replacing it with the apply.
parole system. The parolee was not, requirement that the supervision officer
List of Subjects in 28 CFR Part 2
however, released from the custody of provide an initial supervision report
after the completion of 24 months of Administrative practice and
the Attorney General or the jurisdiction
continuous supervision. This revision procedure, Prisoners, Probation and
of the D.C. Board of Parole before the
will make the timeframes for submitting parole.
expiration of the sentence, which meant
that the D.C. Board of Parole maintained the initial supervision report consistent The Final Rule
jurisdiction to issue a warrant to return with U.S. Code sentenced parolees.
Accordingly, the U.S. Parole
the parolee to custody if, before the Notice and public comment are not Commission adopts the following
expiration of the maximum period of required because the revision of the rule amendment to 28 CFR part 2:
supervision, the parolee committed a will only affect procedures for
new crime or engaged in conduct which submitting reports to the Commission. PART 2—[AMENDED]
might bring discredit to the parole 18 U.S.C. 553(b)(A).
system. ■ 1. The authority citation for 28 CFR
Following the transfer of authority Executive Order 13132 part 2 continues to read as follows:
over D.C. Code parolees to the U.S. These regulations will not have Authority: 18 U.S.C. 4203(a)(1) and
Parole Commission, the D.C. Council substantial direct effects on the States, 4204(a)(6).
enacted the Equitable Street Time on the relationship between the national ■ 2. Amend § 2.74 by revising paragraph
Amendment Act of 2008 (effective May government and the States, or on the (c) to read as follows:
20, 2009) (hereinafter ‘‘the Equitable distribution of power and
Street Time Amendment Act’’). Section § 2.74 Decision of the Commission.
responsibilities among the various
3(a) of the Equitable Street Time * * * * *
levels of government. Under Executive
Amendment Act permits the U.S. Parole (c) The Commission shall resolve
Order 13132, these rules do not have
Commission to terminate legal custody relevant issues of fact in accordance
over D.C. Code parolees in a fashion that sufficient federalism implications
with § 2.19(c). Decisions granting or
is similar to the U.S. Parole requiring a Federalism Assessment. denying parole shall be based on the
mstockstill on DSK4VPTVN1PROD with RULES

Commission’s authority to terminate Regulatory Flexibility Act concurrence of two Commissioners,
parole for U.S. Code parolees. The except that three Commissioners votes
Commission promulgated regulations to The rules will not have a significant shall be required if the decision differs
terminate parole before the expiration of economic impact upon a substantial from the decision recommended by the
the sentence pursuant to the authority number of small entities within the examiner panel by more than six
granted under the Revitalization Act. meaning of the Regulatory Flexibility months. All other decisions, including
These regulations were similar to the Act, 5 U.S.C. 605(b). decisions on revocation and reparole

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Document Created: 2016-03-15 23:43:58
Document Modified: 2016-03-15 23:43:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective March 16, 2016.
Contact		Helen H. Krapels, General Counsel, Office of the General Counsel, U.S. Parole Commission, 90 K Street NE., Washington, DC 20530, telephone (202) 346-7030. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone.
FR Citation		81 FR 13974
CFR Associated		Administrative Practice and Procedure; Prisoners and Probation and Parole

81 FR 13974 - Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes

DEPARTMENT OF JUSTICEParole Commission

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF JUSTICE
Parole Commission