83 FR 58500 - 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 83, Issue 224 (November 20, 2018)

Page Range		58500-58501
FR Document		2018-25104

The United States Parole Commission is amending its rule allowing hearings by videoconference to include parole termination hearings.

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)

[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Rules and Regulations]
[Pages 58500-58501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25104]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2018-02]


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 amending its rule 
allowing hearings by videoconference to include parole termination 
hearings.

DATES: This regulation is effective November 20, 2018. Comments due on 
or before January 22, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2018-02 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. 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 early 2004, the Parole Commission has 
been conducting some parole proceedings by videoconference to reduce 
travel costs and conserve the time and effort of its hearing examiners, 
and cut down on delays in scheduling in-person hearings. The Commission 
originally initiated the use of videoconference in parole release 
hearings as a pilot project and then extended the use of 
videoconferencing to institutional revocation hearings and probable 
cause hearings. Using videoconference for termination hearings is a 
natural progression in the use of this technology. The hearings are 
informal administrative proceedings and there is little value in having 
the hearing examiner and the offender appear in person.
    There are several benefits to using videoconferencing for parole 
termination hearings, which are conducted pursuant to 28 CFR 2.43(c) 
and 2.95(c). Videoconferencing will save time and expense for travel, 
which will allow the hearing examiner to make the best use of his or 
her time in the office. The examiner will have access to documents in 
the parolee's file and can quickly resolve problems or answer 
questions. Videoconference may offer the possibility of more 
expeditious hearings and decisions regarding the disposition of the 
case.
    The Commission is promulgating this rule as an interim rule in 
order to determine the utility of the videoconference procedure for 
parole termination hearings and is providing a 60-day period for the 
public to comment on the use of the procedure for such hearings.
    The amended rule will take effect upon publication in the Federal 
Register and will apply to termination hearings conducted on or after 
the effective date.

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

[[Page 58501]]

``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 
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)

    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). The 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 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).


0
2. Revise Sec.  2.25 to read as follows:


Sec.  2.25  Hearings by videoconference.

    The Commission may conduct a parole determination hearing 
(including a rescission hearing), a probable cause hearing, an 
institutional revocation hearing, and a parole termination hearing by 
videoconference between the hearing examiner and the prisoner or 
releasee.

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2018-25104 Filed 11-19-18; 8:45 am]
BILLING CODE 4410-31-P

58500 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Rules and Regulations

any initial hearing, 15-year § 2.74 Decision of the Commission. FOR FURTHER INFORMATION CONTACT:
reconsideration hearing, or D.C. Code * * * * * Helen H. Krapels, General Counsel, U.S.
rehearing, that decision shall be the (c) All decisions may be made by one Parole Commission, 90 K Street NE,
Commissioner vote that is in agreement Commissioner, except that if the Third Floor, Washington, DC 20530,
with the hearing examiner panel. If Commissioner does not concur with a telephone (202) 346–7030. Questions
there is a tie vote and no commissioner panel recommendation, the case shall be about this publication are welcome, but
agrees with the hearing examiner panel, referred to another Commissioner for a inquiries concerning individual cases
then the decision will be the vote and the decision shall be based on cannot be answered over the telephone.
Commissioner’s vote most favorable to the concurring votes of two SUPPLEMENTARY INFORMATION: Since
the prisoner. Commissioners. early 2004, the Parole Commission has
(4) If the matter that is the subject of ■ 5. Revise § 2.76(b) to read as follows: been conducting some parole
the tie vote is whether to grant or deny proceedings by videoconference to
release at the two-thirds date of the § 2.76 Reduction in minimum sentence. reduce travel costs and conserve the
sentence per 18 U.S.C. 4206(d), or to * * * * * time and effort of its hearing examiners,
terminate parole after the parolee has (b) A prisoner’s request under this and cut down on delays in scheduling
been on parole for 5 years per 18 U.S.C. section may be approved on the vote of in-person hearings. The Commission
4211(c) and D.C. Code sec. 24–404(a– one Commissioner. originally initiated the use of
1)(3), the prisoner must be granted * * * * * videoconference in parole release
release under the statute or parole must ■ 6. Amend § 2.89 by adding an entry hearings as a pilot project and then
be terminated respectively. for ‘‘2.63’’ in numerical order to read as extended the use of videoconferencing
(5) If the matter that is the subject of follows: to institutional revocation hearings and
a tie vote is a decision under appellate probable cause hearings. Using
review per § 2.26, if no concurrence is § 2.89 Miscellaneous provisions. videoconference for termination
reached, the decision under appellate * * * * * hearings is a natural progression in the
review shall be considered affirmed. 2.63 (Quorum) use of this technology. The hearings are
This rule also applies to decisions under * * * * * informal administrative proceedings
§ 2.17 to remove a case from the original and there is little value in having the
jurisdiction of the Commission. Patricia K. Cushwa, hearing examiner and the offender
(6) The Commission may re-vote on a Chairman (Acting), U.S. Parole Commission. appear in person.
case disposition to resolve a tie vote or [FR Doc. 2018–25103 Filed 11–19–18; 8:45 am] There are several benefits to using
other impasse in satisfying a voting BILLING CODE 4410–31–P videoconferencing for parole
requirement of these rules. termination hearings, which are
(c) If there is only one Commissioner conducted pursuant to 28 CFR 2.43(c)
holding office, all provisions in these DEPARTMENT OF JUSTICE and 2.95(c). Videoconferencing will
rules requiring concurring votes or save time and expense for travel, which
resolving split decisions are suspended Parole Commission will allow the hearing examiner to make
until the membership of the the best use of his or her time in the
Commission is increased, and any 28 CFR Part 2 office. The examiner will have access to
action may be taken by one [Docket No. USPC–2018–02] documents in the parolee’s file and can
Commissioner. quickly resolve problems or answer
Paroling, Recommitting, and questions. Videoconference may offer
■ 3. Revise § 2.68(i)(1) to read as
Supervising Federal Prisoners: the possibility of more expeditious
follows:
Prisoners Serving Sentences Under hearings and decisions regarding the
§ 2.68 Prisoners transferred pursuant to the United States and District of disposition of the case.
treaty. Columbia Codes The Commission is promulgating this
* * * * * rule as an interim rule in order to
AGENCY: United States Parole determine the utility of the
(i) * * *
Commission, Justice. videoconference procedure for parole
(1) The Commission shall render a
ACTION: Interim rule with request for termination hearings and is providing a
decision as soon as practicable and
without unnecessary delay. Upon comments. 60-day period for the public to comment
review of the examiner panel on the use of the procedure for such
SUMMARY: The United States Parole
recommendation, the Commissioner hearings.
Commission is amending its rule The amended rule will take effect
may make the decision by concurring allowing hearings by videoconference to
with the panel recommendation. If the upon publication in the Federal
include parole termination hearings. Register and will apply to termination
Commissioner does not concur, the DATES: This regulation is effective
Commissioner shall refer the case to hearings conducted on or after the
November 20, 2018. Comments due on effective date.
another Commissioner and the decision or before January 22, 2019.
shall be made on the concurring votes Executive Orders 12866 and 13563
ADDRESSES: Submit your comments,
of two Commissioners. The decision This regulation has been drafted and
identified by docket identification
shall set a release date and a period and reviewed in accordance with Executive
number USPC–2018–02 by one of the
conditions of supervised release. If the Order 12866, ‘‘Regulation Planning and
following methods:
Commission determines that the Review,’’ section 1(b), Principles of
1. Federal eRulemaking Portal: http://
appropriate release date under 18 U.S.C. Regulation, and in accordance with
www.regulations.gov. Follow the online
4106A is the full term date of the foreign Executive Order 13565, ‘‘Improving
instructions for submitting comments.
sentence, the Commission will order the 2. Mail: Office of the General Counsel, Regulation and Regulatory Review,’’
transferee to ‘‘continue to expiration.’’ U.S. Parole Commission, attention: section 1(b), General Principles of
* * * * * USPC Rules Group, 90 K Street NE, Regulation. The Commission has
■ 4. Revise § 2.74(c) to read as follows: Washington, DC 20530. determined that this rule is not a

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Document Created: 2018-11-20 08:00:00
Document Modified: 2018-11-20 08:00:00

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		Interim rule with request for comments.
Dates		This regulation is effective November 20, 2018. Comments due on or before January 22, 2019.
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.
FR Citation		83 FR 58500
CFR Associated		Administrative Practice and Procedure; Prisoners and Probation and Parole

83 FR 58500 - 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 83, Issue 224 (November 20, 2018)

DEPARTMENT OF JUSTICE
Parole Commission