(1) If revocation is based upon administrative violation(s) only, grade the behavior as if a Category One offense under § 2.20.
(2) If a finding is made that the prisoner has engaged in behavior constituting new criminal conduct, the appropriate severity rating for the new criminal behavior shall be calculated. New criminal conduct may be determined either by a new federal, state, or local conviction or by an independent finding by the Commission at revocation hearing. As violations may be for state or local offenses, the appropriate severity level may be determined by analogy with listed federal offense behaviors.
(b) The guidelines for parole consideration specified at 28 CFR 2.20 shall then be applied with the salient factor score recalculated. The conviction and commitment from which the offender was released shall be counted as a prior conviction and commitment.
(c) Time served on a new state or federal sentence shall be counted as time in custody for reparole guideline purposes. This does not affect the computation of the expiration date of the violator term as provided by §§ 2.47(e) and 2.52 (c) and (d).
(d) The above are merely guidelines. A decision outside these guidelines (either above or below) may be made when circumstances warrant.
[50 FR 40368, Oct. 3, 1985, as amended at 68 FR 41529, July 14, 2003]
Title 28 published on 2013-07-01
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