[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Proposed Rules]
[Pages 26010-26011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11950]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Parole Date Advancements for Substance Abuse Treatment Program
Completion
AGENCY: United States Parole Commission, Justice.
ACTION: Proposed rule.
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SUMMARY: The U.S. Parole Commission is proposing to amend its
regulations on superior program achievement to permit a prisoner to be
considered for a special advancement of the prisoner's presumptive
release date, by up to twelve months, if the prisoner is a non-violent
offender who has completed a program of treatment for a recognized
problem of substance abuse and dependence. Although the existing
regulation already sets forth a schedule of permissible advancements
for superior program achievement, the [[Page 26011]] Commission
proposes to add the above-described provision in order to equalize the
incentive available to parole-eligible prisoners with the new incentive
for completion of substance abuse treatment programs that will be
available for federal prisoners serving no-parole sentences, under 18
U.S.C. 3621(e)(2).
DATES: Comments must be received by June 26, 1995.
ADDRESSES: Send comments to Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
Counsel, Telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: In the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322 (September 13, 1994), Congress
amended 18 U.S.C. 3621 to authorize the Bureau of Prisons to reduce the
period a prisoner convicted of a non-violent offense remains in custody
after he or she has successfully completed a residential substance
abuse treatment program. This new authority is intended by Congress to
serve as an incentive for prisoners' successful completion of
residential substance abuse treatment programs. This authority is
applicable, however, only to offenses committed after November 1, 1987.
(See Section 235(a)(1) of Public Law 98-473.)
Prisoners convicted of offenses that were committed prior to
November 1, 1987, and who were sentenced to parole-eligible terms, must
look to the U.S. Parole Commission for early release from prison as an
incentive to completion of treatment programs. Under 28 C.F.R. 2.60,
such prisoners are entitled to be considered by the Parole Commission
for early release, pursuant to a schedule of permissible advancements
of a presumptive release date for ``Superior Program Achievement.'' 28
C.F.R. 2.60(e). However, the opportunity for early release is not equal
to that authorized by 18 U.S.C. 3621(e)(2)(B), because an advancement
of up to twelve months is permissible under Sec. 2.60 only if the
presumptive release date established by the Parole Commission (pursuant
to the parole guidelines at 28 C.F.R. 2.20) requires eighty-five months
or more of imprisonment. In contrast, the Bureau of Prisons is
authorized under Section 3621(e)(2)(B) to grant a reduction of not more
than one year for any prisoner who successfully completes a substance
abuse treatment program.
Accordingly, the Parole Commission has decided to amend 28 C.F.R.
2.60 so as to authorize a twelve-month advancement for any parole-
eligible prisoner who meets all the criteria for a reduction of custody
under 18 U.S.C. 3621(e). The prisoner would have to be a non-violent
offender who is found to have a recognized substance abuse problem (not
merely a past history of drug or alcohol abuse). Admittance to a
residential substance abuse program would be the decision of the Bureau
of Prisons. The Parole Commission would consider the prisoner for a
full twelve-month advancement of the prisoner's previously established
presumptive release date only upon notification by the Bureau of
Prisons of successful program completion. However, the Commission would
retain authority to withhold any reduction that would result in a
miscarriage of justice, such as the early release of a major drug
kingpin or an offender with a high risk of recidivism.
Implementation
Upon adoption as a final rule, the proposed amendments to 28 C.F.R.
2.60 would be applied at any statutory interim hearing under 28 C.F.R.
2.14 that was held on or after the effective date of the amended
regulation. The Commission does not propose to reopen cases for
prisoners who have a release date with no further hearing scheduled.
For prisoners who would be considered for the special advancement,
completion of a residential substance abuse treatment program may have
occurred prior to the effective date of the amended regulation.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this proposed rule
is not a significant rule within the meaning of Executive Order 12866,
and the proposed rule has, accordingly, not been reviewed by the Office
of Management and Budget. The proposed rule, if adopted, 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 Proposed Amendment
Accordingly, the U.S. Parole Commission proposes 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. Section 2.60 is proposed to be amended by adding new paragraphs
(g) and (h), to read as follows:
Sec. 2.60 Superior program achievement.
* * * * *
(g) Upon notification from the Bureau of Prisons that a parolable
prisoner who has no history of violent criminal conduct, and who has a
recognized problem of substance abuse and dependence, has successfully
completed residential substance abuse treatment in conformity with the
criteria set forth for non-parolable prisoners in 18 U.S.C. 3621(e),
the Commission will consider such prisoner for a special advancement,
by up to twelve months, of the presumptive release date previously set.
Such advancement shall be without regard to the Schedule of Permissible
Reductions set forth in paragraph (e) of this section. It is the
Commission's intent to award not less than twelve months in addition to
any other advancement granted under this section, unless:
(1) The prisoner has already received an advancement or extra good
time credits for participation in a substance abuse treatment program;
or
(2) There is insufficient time remaining to permit the full
advancement; or
(3) There are unusual circumstances that compel a finding that an
early parole would be inconsistent with 18 U.S.C. 4206 (e.g., a major
narcotics trafficker whose substance abuse was clearly not a dominant
factor in his criminal behavior).
(h) Any advancement under this section for superior program
achievement (including a special advancement for completion of
residential substance abuse treatment) is subject to forfeiture, in
whole or in part, whenever a presumptive parole date is rescinded
pursuant to Sec. 2.34. In the case of a special advancement under
paragraph (g) of this section, the entire advancement shall be
forfeited if the Commission finds that the prisoner has engaged in
usage, possession, or distribution of any illegal drugs subsequent to
program completion.
Dated: May 9, 1995.
Edward F. Reilly, Jr.
Chairman, U.S. Parole Commission.
[FR Doc. 95-11950 Filed 5-15-95; 8:45 am]
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