2.48 Confidentiality of parole records.

AUTHORITY: §§ 2.1 to 2.48 issued under 18 U.S.C. Ch. 311 and Part IV; 28 CFR Part O, Subpart T.

SOURCE: §§ 2.1 to 2.48 contained in Parole Board Directive No. 1, 27 F.R. 8487, Aug. 24, 1962, except as otherwise noted.

CROSS REFERENCE: For Organization Statement, the Board of Parole, see Subpart T of Part O of this chapter.

§ 2.1

Definitions.

(a) For the purposes of this part the term "Board" means the United States Board of Parole and the terms "Youth Correction Division" and "Division" each mean the Youth Correction Division of the Board.

(b) All other terms used in this part shall be deemed to have the same meaning as identical or comparable terms have when those terms are used in Chapter 311 or Part IV of Title 18 of the United States Code.

§ 2.2 Granting of parole.

The granting of parole rests in the discretion of the Board of Parole. The Board may parole a prisoner who is otherwise eligible if (a) he has observed substantially the rules of the institution in which he is confined; (b) there is reasonable probability that he will live and remain at liberty without violating the laws; and (c) in the opinion of the Board such release is not incompatible with the welfare of society. (18 U.S.C. 4203 (a))

§ 2.3 Eligibility for parole.

A Federal prisoner, other than a juvenile delinquent or a committed youth offender, wherever confined and serving a definite term or terms of over one hundred and eighty days may, in accordance with the regulations prescribed in this part, be released on parole after serving one third of such term or terms or after fifteen years of a life sentence, or of a sentence of over forty-five years. (18 U.S.C. 4202)

§ 2.4 Same; indeterminate sentence.

A Federal prisoner, other than a juvenile delinquent or a committed youth offender, who has been sentenced to a maximum term of imprisonment in excess of one year may, if the court has designated a minimum term to be served, which term may be less than, but not more than, one third of the maximum sentence imposed, be released on parole after serving the minimum term. In cases in which a court imposes a maximum sentence of imprisonment upon a prisoner and specifies that the prisoner may become eligible for parole at such time as the Board may determine, the prisoner may be released on parole at any time in the discretion of the Board. (18 U.S.C. 4208)

§ 2.5

Same; juvenile delinquents.

A juvenile delinquent who has been committed and who, by his conduct, has given satisfactory evidence that he has reformed, may be released on parole at any time under such terms and conditions as the Board deems proper if it shall appear to the satisfaction of the Board that there is reasonable probability that the juvenile will remain at liberty without violating the law. (18 U.S.C. 5037)

§ 2.6 Same; committed youth offenders.

The Youth Correction Division may at any time, after reasonable notice to the Director of the Bureau of Prisons, release conditionally under supervision a committed youth offender. A youth offender committed under section 5010(b) of Title 18 of the United States Code to a maximum six-year term shall be released conditionally under supervision on or before the expiration of four years from the date of his conviction. A youth offender committed under section 5010(c) of Title 18 of the United States Code to a maximum term which is more than six years shall be released conditionally under supervision not later than two years before the expiration of the term imposed by the court. (18 U.S.C. 5017) § 2.7 Youth offenders; observation and study.

The court may order a youth to be committed to the custody of the Attorney General for observation and study at an appropriate classification center agency. Within sixty days from the date of the order, or such additional period as the court may grant, the Youth Cor

or

rection Division shall, pursuant to the authority delegated to the Division by the Attorney General by § 0.127(c) of this chapter, report its findings to the court. (18 U.S.C. 5010(e))

§ 2.8 Date service of sentence com

mences.

(a) Service of a sentence of imprisonment commences to run on the date on which the person is received at the penitentiary, reformatory, or jail, for service of the sentence: Provided, however, That any such person shall be allowed credit toward the service of his sentence for any days spent in custody prior to the imposition of sentence by the sentencing court for want of bail set for the offense under which sentence was imposed in any case in which the statute involved requires the imposition of a minimum mandatory sentence.

(b) Service of the sentence of any person who is committed to a jail or other place of detention to await transportation to the place at which his sentence is to be served shall commence to run from the date on which he is received at such jail or other place of detention.

(c) Service of the sentence of a committed youth offender commences to run and continues to run uninterruptedly from the date of conviction.

§ 2.9 Parole of prisoner subject to local detainer.

A prisoner, after he becomes eligible for parole, may, in the discretion of the Board, be released to the custody of an authorized official who has lodged a detainer against the prisoner, and, in such case, the Board may expressly provide that the prisoner be released only to the detaining authorities.

§ 2.10

Parole of prisoner subject to deportation.

A prisoner, who is an alien and subject to deportation, may be released on parole on the express conditions that he be deported and that he remain outside of the jurisdiction of the United States. Any such prisoner, when his parole becomes effective, shall be delivered to a duly authorized immigration official for deportation. Alien prisoners who are deemed fit for release into community supervision by the Board, even though they may eventually be deported under detainers filed against them, may be paroled generally; provided, that imm

Any person who has been convicted of any offense against the United States, which is punishable by imprisonment but who is confined therefor in a state reformatory or other state or territorial institution, shall be eligible for parole by the Board on the same terms and conditions and by the same authority, and subject to recommittal for the violation of such parole as though he were confined in a Federal penitentiary, reformatory, or other correctional institution. § 2.12 Application by prisoner.

A prisoner, other than a juvenile delinquent or a committed youth offender, desiring to apply for a parole shall execute such form or forms as may be prescribed by the Board. Such forms shall be available at each Federal institution and shall be provided to prisoners eligible for parole. Juvenile delinquents and committed youth offenders shall not apply for parole. Instead, regular hearings, which may not be waived, shall be scheduled for each juvenile and committed youth offender by the Youth Correction Division. The Division may order parole as the result of any such hearing or may order a later review of the adjustment of the juvenile or youth concerned. § 2.13

Withheld and forfeited good

time.

(a) Section 4202 of Title 18 of the United States Code permits Federal prisoners to be paroled if they have observed the rules of the institution in which they are confined and if they are otherwise eligible for parole. Any forfeiture of good time shall be deemed to indicate that the prisoner has violated the rules of the institution to a serious degree, and a parole will not be granted in any such case in which such a forfeiture remains effective against the prisoner concerned. Any withholding of good time shall be deemed to indicate that the prisoner has engaged in some less serious breach of

the rules of the institution, and, except in unusual circumstances, a parole will not be granted in any such case unless and until such good time has been restored.

(b) However, neither a forfeiture of good time nor a withholding of good time shall bar a prisoner from applying for and receiving a parole hearing.

§ 2.14 Reports considered.

Decisions as to whether a parole shall be granted or denied shall be determined on the basis of the application, if any, submitted by the prisoner, together with the classification study and all reports assembled by all the services which shall have been active in the development of the case. These reports may include the reports by the prosecuting officer and the sentencing judge, records from the Federal Bureau of Investigation, reports from the officials in each institution in which the applicant shall have been confined, all records of social agency contacts, and all correspondence and such other records as are necessary or appropriate for a complete presentation of the case. Before making a decision as to whether a parole should be granted or denied in any particular case, the Board I will consider all available relevant and pertinent information concerning the case. In furtherance of that policy, the Board encourages the submission by interested persons of pertinent and relevant information to the Board either before or after a Board order has been issued.

§ 2.15 Hearings at institution.

Regular hearings by a Member of the Board or an examiner designated by the Board shall be scheduled for each Federal institution. Prisoners serving sentences in excess of one year shall appear for such hearing in person. At the time of the hearing, or as soon after as is feasible, the Member or examiner shall prepare a report concerning the case which shall include a summary statement of relevant and pertinent facts involved and, if possible, shall include a recommendation, in keeping with the established policies of the Board, concerning the disposition of the case. Such report, together with the complete file of the prisoner, shall be submitted promptly to the Board for final action, which action shall ordinarily be taken in Washington, D.C.

No prisoner, including juveniles and committed youth offenders, appearing at any hearing, other than a revocation hearing, shall be represented by counsel or by any other person. No interviews with the Board or any representative thereof shall be granted to a prisoner unless his name is docketed for a hearing in accordance with Board procedures. The hearings described in this section and the preceding section shall not be open to the public, and the records of all such hearings shall be treated as being confidential and shall not be open to inspection by the prisoner concerned or any other unauthorized person. § 2.17 Consideration by the Board.

Reports and records submitted to the Board in accordance with § 2.15, shall be considered by the Board in the light of the entire record of the prisoner concerned and in consonance with established policies of the Board.

§ 2.18 Prisoners with sentences of one year or less.

Parole of a prisoner serving more than one hundred and eighty days but less than one year and one day shall be decided on the basis of the record of the prisoner concerned without providing him a personal interview or hearing. In such cases, the Board shall, upon receipt of the prisoner's application for parole and the classification study prepared by the institutional officials with respect to him, review the prisoner's entire record and base its decision upon that record.

§ 2.19 Release plans.

(a) In general, the following factors should be present before a prisoner is released after parole has been granted.

(1) There should be available to the parolee an adviser who is a responsible citizen living in or near the community in which the parolee will reside. The probation officer may serve as such adviser in appropriate cases with approval of the Board;

(2) There should be satisfactory evidence that the prospective parolee will be legitimately employed following his release; and

(3) There should be satisfactory assurance that necessary after care will be available to a parolee who is ill or who has some other demonstrable problem which requires special care.

(b) Generally, parolees will be released only to the place of their legal residence unless the Board is satisfied that another place of residence will serve the public interest more effectively or will improve the probabilities of the applicant's readjustment. Any of the requirements described in paragraphs (a) and (b) of this section may be waived by the Board whenever circumstances warrant such waiver.

(c) Insofar as it is practicable, the details of each plan for release shall be verified by a field investigation by the United States Probation Officer of the district into which release will be made. § 2.20 Release; discretionary power of Board.

When an effective date has been set by the Board, release on that date shall be conditioned upon continued good conduct by the prisoner and the completion of a satisfactory plan for his supervision. The Board may, on its own motion, reconsider any case prior to release and may reopen and advance, postpone, or deny a parole which has been granted. The Board may add to or modify the conditions of parole at any time.

§ 2.21 Review of cases by progress report or other written information. The Board shall, on the basis of special progress reports or otherwise, periodically review cases in which parole has previously been denied. It shall also periodically review cases of prisoners whose parole or mandatory release has been revoked. Any case may also be specially reviewed at other times upon the receipt of any new information of substantial significance bearing upon the possibility of parole.

Attorneys, relatives, and other interested persons desiring to appear in person for a hearing with Members of the Board may do so at the headquarters of the Board by requesting an appointment. Two Members of the Board shall constitute a quorum for any such hearing, and no hearing shall be held in the absence of a quorum. Except in emergencies, or in cases in which a prisoner's term is one year and one day or less, no such hearing on behalf of a prisoner shall be scheduled during the ninety-day period following the date of

a previous hearing of this type. Similarly, such hearings shall not ordinarily be scheduled during the ninety-day period following any other official Board action concerning a prisoner. In addition, such hearings shall not ordinarily be scheduled prior to a Board decision to grant or deny parole or to establish a parole eligibility date.

(b) An exception is made in any case in which a prisoner is serving a sentence of one year and one day or less. In such cases, the waiting period shall be thirty days.

§ 2.24

Same; prisoners under jurisdiction of the Youth Correction Division.

Review hearings before Members of the Youth Correction Division may be scheduled at the headquarters of the Division on an individual basis.

§ 2.25 Community supervision by United States Probation Officers.

Pursuant to section 3655 of Title 18 of the United States Code, United States Probation Officers are required to provide such parole services as the Attorney General may request. The attorney General has delegated his authority in this regard to the Board (28 CFR 0.126 (b)). In conformity with the foregoing, probation officers function as parole officers and provide supervision to parolees and mandatory releases under the Board's jurisdiction.

§ 2.26 Same; sponsorship of parolees.

It is the policy of the Youth Correction Division to cooperate with groups desiring to serve as sponsors of parolees. The functions and responsibilities of sponsors are prescribed by rules and regulations adopted by the Division. In all cases, sponsors are subordinate to and cooperate with probation officers to whom the parolees are assigned.

§ 2.27 Same; changes in parole plan.

A parole plan approved by the Board with respect to a prisoner may be

changed after release of the prisoner upon application by a probation officer and approval by the Board.

§ 2.28 Same; travel by parolees and mandatory releasees.

Except as otherwise provided in this section, it is the general rule of the Board that a parolee may travel outside his supervision district only with the prior approval of the Board. Travel outside a district without prior Board approval may be authorized by a probation officer subject to the following-described limitations.

(a) Board approval shall be required for vacation trips outside the district.

(b) Board approval shall be required for recurring travel outside the district, except in cases involving parolees who cross district boundaries to engage in or seek employment or for shopping or recreation, if such travel is not more than fifty miles from the district line.

(c) Board approval shall be required for travel outside the continental limits of the United States, including travel or work aboard ship.

(d) Board approval shall be required in any case in which specific travel conditions have been imposed upon the parolee by the Board.

Board approval shall not be required for temporary leave to enter another district for a period not to exceed twenty days to investigate reasonably certain employment possibilities, if such leave shall have been approved by the probation officer concerned.