Parole Commission Revises Rules for Federal Prisoners

Content

ACTION:

Final rule.

SUMMARY:

The United States Parole Commission is revising its regulations to eliminate a policy of imposing the maximum permissible
term of supervised release as a consequence of the revocation of an earlier supervised release term for offenders sentenced
under the D.C. Code.

DATES:

This final rule is effective December 20, 2021.

FOR FURTHER INFORMATION CONTACT:

Helen H. Krapels, General Counsel, U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC 20530, telephone (202)
346-7030. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over
the telephone.

SUPPLEMENTARY INFORMATION:

Based upon its experience with D.C. Code sentenced supervised releasees for over 20 years, the Commission is repealing its
policy, codified at 28 CFR 2.218(e), of imposing the maximum permissible term of supervised release after revoking an earlier
term of supervised release. On August 17, 2021, the Parole Commission published an interim rule with request for comments.
86 FR 45861. The Parole Commission has not received any comments and is publishing the final rule with no changes to the interim
rule.

Under the revised regulation the Commission will retain the discretion to impose the maximum permissible term when it finds
that the offender would benefit from a lengthier period of supervision, but there will no longer be a policy guiding that
decision.

Executive Orders 12866 and 13563

This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulation Planning and Review,”
section 1(b), Principles of Regulation, and in accordance with Executive Order 13565, “Improving Regulation and Regulatory
Review,” section 1(b), General Principles of Regulation. The Commission has determined that this rule is not a “significant
regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has
not been reviewed by the Office of Management and Budget.

Executive Order 13132

This rule 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

This 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

This 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 they 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). This 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

Regulatory Text Accordingly, the U.S. Parole Commission adopts the interim rule amending 28 CFR part 2, which was published at 86 FR 45861
on August 17, 2021, as final without change.

Patricia K. Cushwa, Chairman (Acting), U.S. Parole Commission. [FR Doc. 2021-27448 Filed 12-17-21; 8:45 am] BILLING CODE 4410-31-P

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