NCJ Number
43479
Journal
Federal Register Volume: 42 Issue: 151 Dated: (AUGUST 5, 1977) Pages: 39808-39822
Date Published
1977
Length
15 pages
Annotation
A PROCEDURE IS ANNOUNCED WHEREBY FEDERAL PRISONERS WILL BE NOTIFIED OF THEIR ULTIMATE RELEASE DATES AT THE OUTSET OF THE TERM OF IMPRISONMENT TO REDUCE THE DEGREE OF UNCERTAINTY WHILE RETAINING THE ADVANTAGES OF PAROLE.
Abstract
THIS FINAL RULE PROMULGATED BY THE UNITED STATES PAROLE COMMISSION STATES THAT FOR ALL PRISONERS SENTENCED AFTER SEPTEMBER 6, 1977, A PROCEDURE WILL BE ADOPTED TO NOTIFY THE PRISONER OF THE ULTIMATE RELEASE DATE AT TIME OF SENTENCING. FOR THOSE SENTENCED BEFORE THIS DATE, THE SUBSTANTIVE PROVISIONS OF THE AMENDED RULES WILL APPLY AT THE NEXT SCHEDULED IN-PERSON HEARING (INITIAL, REVIEW, RESCISSION, OR REVOCATION). ACCOMPANYING THE RULE ARE NUMEROUS CONFORMING AMENDMENTS TO THE COMMISSION'S RULES (18 U.S.C. 4203(A)(1) AND 4204 (A)(6), 29 CFR CHAPTER 1, PART 2). THE TERM 'EFFECTIVE DATE OF PAROLE' IS DEFINED TO DISTINGUISH THAT TERM FROM 'PRESUMPTIVE PAROLE DATE.' AN EFFECTIVE DATE OF PAROLE IS A PAROLE DATE APPROVED FOLLOWING AN IN-PERSON HEARING HELD WITHIN 6 MONTHS OF SUCH DATE OR FOLLOWING A PRERELEASE RECORD REVIEW. A PRESUMPTIVE DATE CAN BECOME AN EFFECTIVE DATE. IN 2.12, THE PRINCIPAL FEATURES OF THE PROPOSAL ARE CODIFIED. IN 2.13, THE PROVISIONS RELATING TO THE CONDUCT OF THE INITIAL HEARING ARE SET FORTH; THE ONLY SUBSTANTIVE CHANGE IS THE REQUIREMENT THAT, IF A RELEASE DATE IS SET IN EXCESS OF 6 MONTHS FROM THE DATE OF THE HEARING, REASONS MUST BE GIVEN AS IN THE CASE OF A PAROLE DENIAL. IN 2.14, THE THREE TYPES OF HEARINGS (INTERIM HEARINGS PURSUANT TO 18 U.S.C. 4208(H), PRERELEASE REVIEWS, AND 4-YEAR RECONSIDERATION HEARINGS) ARE DESCRIBED. IN 2.34, THE HANDLING OF DISCIPLINARY INFRACTIONS IS CODIFIED. THE PROVISIONS WHICH ALLOW COMMITTED JUVENILE DELINQUENTS AND COMMITTED YOUTH OFFENDERS TO BE RELEASED ON PAROLE AT ANY TIME ARE LEFT UNCHANGED. THE GUIDELINES FOR PAROLE CONSIDERATIONS ARE INCLUDED.