[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51179-51180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20560]
[[Page 51179]]
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DEPARTMENT OF JUSTICE
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: Final rule.
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SUMMARY: The U.S. Parole Commission is amending a rule that implements
its authority under the District of Columbia Youth Rehabilitation Act
to set aside a conviction for a youth offender. The rule acknowledges
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. Also, 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 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: Effective Date: September 27, 2010.
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
that Act. DC Code 24-906. 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 Section 24-906(b), the Commission is also
granted the authority to exercise discretion to set aside a committed
youth offender's conviction if the offender's sentence expires before
the Commission can review the case for 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.
Until this rule change, the Commission's regulations did not
address the agency's authority to grant a set-aside certificate for the
misdemeanor youth offender, or the youth offender formerly on
supervised release whose case somehow escaped Commission review before
the expiration of the supervised release term. Nonetheless, the
Commission has been carrying out its statutory authority to consider
these offenders for set-aside certificates. To fill the gap in its
rules, the Commission is amending 28 CFR 2.208(a) to provide 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 amendment
includes 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 final 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 final 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 Final Rule
0
Accordingly, the U.S. Parole Commission is making 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. 2.208(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
[[Page 51180]]
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: August 13, 2010.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010-20560 Filed 8-18-10; 8:45 am]
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