[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Proposed Rules]
[Pages 28221-28222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12023]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
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: Proposed rule.
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SUMMARY: The U.S. Parole Commission proposes to amend a rule that
implements its authority under the District of Columbia Youth
Rehabilitation Act to set aside a conviction for a youth offender. The
proposed rule specifies the Commission's authority to set aside a youth
offender's misdemeanor conviction and describes the information the
Commission examines in making such a determination, given that the
misdemeanant only served a jail term for the offense without subsequent
community supervision on parole or supervised release. In addition, the
rule clarifies the Commission's policy for issuing a set-aside
certificate for a youth offender who was formerly on supervised release
and who was not reviewed for the set-aside certificate before the
offender's sentence expired. The proposed rule adopts the Commission's
established criteria for conducting set-aside reviews when a youth
offender's parole term ends before such a review has been held.
DATES: Comments must be received by June 30, 2010.
ADDRESSES: Submit your comments, identified by docket identification
number USPC-2010-02 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,
5550
[[Page 28222]]
Friendship Blvd., Chevy Chase, Maryland 20815.
3. Fax: (301) 492-5563.
FOR FURTHER INFORMATION CONTACT: Rockne Chickinell, Office of General
Counsel, U. S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,
Maryland 20815, telephone (301) 492-5959. Questions about this
publication are welcome, but inquiries concerning individual cases
cannot be answered over the telephone.
SUPPLEMENTARY INFORMATION: The District of Columbia Youth
Rehabilitation Act authorizes the Parole Commission to set aside a
conviction for a deserving youth offender who has been committed under
the Act. DC Code 24-906. The sentencing judge exercises similar
authority for a youth offender if the judge sentenced the offender to
probation. DC Code 24-906(e). Normally, the Commission reviews a youth
offender's case for issuance of a set-aside certificate after the
offender has served a period of community supervision on parole or
supervised release following discharge from the commitment portion of
the sentence. DC Code 24-906(a), (c), and (d) require the issuance of a
set-aside certificate if the Commission terminates parole supervision
or supervised release before the expiration of the committed youth
offender's sentence. Under 24-906(b), the Commission also has the
authority to exercise its discretion to set aside a committed youth
offender's conviction if the youth offender's sentence expires before
the unconditional discharge of the offender. This situation will
normally arise when: (1) A youth offender's jail term for a misdemeanor
conviction expires and the offender is discharged from the custody of
the DC Department of Corrections without further supervision in the
community; or (2) a youth offender is unconditionally discharged from
parole supervision or supervised release and the Commission somehow did
not review the case for early termination from supervision.
The Commission's rules presently do not address the agency's
authority to grant a set-aside certificate to a youth offender who was
sentenced only to a jail term for a misdemeanor offense, or a youth
offender formerly on supervised release who was not reviewed for early
termination from supervision before the supervised release term
expired. See 28 CFR 2.106 and 2.208. The Commission has been carrying
out its statutory authority to consider these offenders for set-aside
certificates even in the absence of a regulation on this function.
Given the gap in its rules on issuing set-aside certificates for youth
misdemeanants who have not been on parole or supervised release, the
Commission is proposing a revision of paragraph (a) in 28 CFR 2.208 to
include a brief statement of the Commission's authority to issue a set-
aside certificate after the youth offender's sentence expires and the
information the Commission would consider in granting or denying the
set-aside certificate. For former supervised releasees, the new rule
proposes a cross-reference to Sec. 2.106(f)(3), which describes the
Commission's criteria for issuing a set-aside certificate nunc pro tunc
for a youth offender who was on parole supervision and who was not
reviewed for early termination from supervision (and the possible
issuance of the set-aside certificate) before the expiration of the
sentence.
Executive Order 12866
The U.S. Parole Commission has determined that this proposed rule
does not constitute a significant rule within the meaning of Executive
Order 12866.
Executive Order 13132
This regulation 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
The proposed 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
The 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 Proposed Rule
Accordingly, the U.S. Parole Commission is proposing 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. Revise Sec. 2.208(a)(2) to read as follows:
Sec. 2.208 Termination of a term of supervised release.
(a) * * *
(2) Upon terminating supervision of a committed youth offender
before the sentence expires, the Commission shall set aside the
offender's conviction and issue a certificate setting aside the
conviction instead of a certificate of discharge. The Commission may
issue a set-aside certificate nunc pro tunc for a youth offender
previously under supervised release on the sentence and who was not
considered for early termination from supervision, using the criteria
stated at Sec. 2.106(f)(3). If the youth offender was sentenced only
to a term of incarceration without any supervision to follow release,
the Commission may issue a set-aside certificate after the expiration
of the sentence. In such cases, the Commission shall determine whether
to grant the set-aside certificate after considering factors such as
the offender's crime, criminal history, social and employment history,
record of institutional conduct, efforts at rehabilitation, and any
other relevant and available information.
* * * * *
Dated: May 11, 2010.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010-12023 Filed 5-19-10; 8:45 am]
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