[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-31484] [[Page Unknown]] [Federal Register: December 22, 1994] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE 28 CFR Part 2 Paroling, Recommitting, and Supervising Federal Prisoners: Sex Offenses Against Minors Age 12 and Older AGENCY: Parole Commission, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Parole Commission is adding to its guidelines, under the heading of ``Carnal Knowledge or Sodomy Involving Minors'' a provision increasing the offense severity rating from Category Four to Category Seven for any crime involving an adult offender who has abused a position of trust (e.g., teacher, counselor, or physician), or who has engaged in predatory sexual behavior. The purpose of this guideline amendment is to clarify the aggravated nature of such crimes in relation to all other offenses that involve non-forcible sexual relations between an adult and a minor age 12 or older. This item was published as a proposed rule on May 20, 1994. 59 FR 26466. The guideline increase follows a Congressional directive that, when the Commission frequently exceeds the guidelines in a particular type of case, the guidelines should be amended to provide for consistency in such decisions. EFFECTIVE DATE: January 23, 1995. FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, telephone (301) 492-5959. SUPPLEMENTARY INFORMATION: Federal parole laws remain in effect until November 1, 1997, for prisoners and parolees who committed their crimes prior to November 1, 1987, and whose sentences place them under the jurisdiction of the U.S. Parole Commission. See Section 235(b) of the Sentencing Reform Act of 1987, Public Law 98-473 (as amended) and 18 U.S.C. 4201 through 4218. The Paroling Policy Guidelines at 28 CFR 2.20 provide consistency in Parole Commission decision-making for such offenders. The proposed rule would increase the prison time to be served in cases where the adult has committed such an offense through an abuse of a position of trust, or through predatory behavior. Whereas ordinary offenses involving non-forcible sexual relations between adults and minors age 12 or older are rated Category Four on the guidelines, offenses involving abuse of trust or predatory behavior were proposed for a Category Seven rating. One public comment was received on this proposal from the U.S. Probation Office for the Eastern District of North Carolina supporting the proposal. After a careful review of its decision-making practices, the Commission has decided that the proposal merits adoption as a final rule. The increase to Category Seven reflects optimum Commission decision-making practice, which is to order an upward departure from the guideline range for a Category Four offense if the offender has abused a significant position of trust or has behaved in a predatory manner toward multiple victims. Such circumstances would constitute good cause to exceed the guidelines pursuant to 18 U.S.C. 4206(c). An abuse of trust would be exemplified by a child psychiatrist who engages in sodomy with youthful patients under his care, a high school teacher who seduces a student in his classroom, or a religious counselor who has sexual relations with teenage members of his congregation. Predatory behavior is defined as the repeated use of tricks or other devices to lure unsuspecting youthful victims into sexual relations with an adult offender. Implementation This rule will be applied at all initial and revocation hearings held on or after the effective date. Executive Order 12866 and Regulatory Flexibility Statement The U.S. Parole Commission has determined that this proposed rule is not a significant regulatory action for the purposes of Executive Order 12866, and the rule has therefore not been reviewed by the Office of Management and Budget. The 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). List of Subjects in 28 CFR Part 2 Administrative practice and procedure, Probation and parole, Prisoners. The Final Rule Accordingly, the U.S. Parole Commission makes the following amendment to 28 CFR Part 2: PART 2--[AMENDED] (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). (2) 28 CFR Part 2, Sec. 2.20, Chapter 2, Subchapter D, Section 232, is amended by adding the following new paragraph 232(d), to read as follows: Sec. 2.20 Paroling policy guidelines: Statement of general policy. * * * * * Chapter Two Offenses Involving the Person * * * * * SUBCHAPTER D--SEXUAL OFFENSES * * * * * 232 Carnal Knowledge* or Sodomy Involving Minors * * * * * (d) If the offender is an adult who has abused a position of trust (e.g., teacher, counselor, or physician), or the offense involved predatory sexual behavior, grade as Category Seven. Sexual behavior is deemed predatory when the offender repeatedly uses any trick or other device to attract, lure, or bribe victims into the initial contact that results in the offense. * * * * * Dated: December 16, 1994. Edward F. Reilly, Jr., Chairman, Parole Commission. [FR Doc. 94-31484 Filed 12-21-94; 8:45 am] BILLING CODE 4410-01-P