28 CFR 2.81 - Reparole decisions.

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There is 1 rule appearing in the Federal Register for 28 CFR 2. View below or at eCFR (GPOAccess)
§ 2.81 Reparole decisions.
(a) If the prisoner is not serving a new, parolable D.C. Code sentence, the Commission's decision to grant or deny reparole on the parole violation term shall be made by reference to the reparole guidelines at § 2.21. The Commission shall establish a presumptive or effective release date pursuant to § 2.12(b), and conduct interim hearings pursuant to § 2.14.
(b) If the prisoner is eligible for parole on a new D.C. Code felony sentence that has been aggregated with the prisoner's parole violation term, the Commission shall make a decision to grant or deny parole on the basis of the aggregate sentence, and in accordance with the guidelines at § 2.80.
(c) If the prisoner is eligible for parole on a new D.C. Code felony sentence but the prisoner's parole violation term has not commenced (i.e., the warrant has not been executed), the Commission shall make a single parole/reparole decision by applying the guidelines at § 2.80. The Commission shall establish an appropriate date for the execution of the outstanding warrant in order for the guidelines at § 2.80 to be satisfied. In cases where the execution of the warrant will not result in the aggregation of the new sentence and the parole violation term, the Commission shall make parole and reparole decisions that are consistent with the guidelines at § 2.80.
(d) All reparole hearings shall be conducted according to the procedures set forth in § 2.72, and may be combined with the holding of a revocation hearing if the prisoner's parole has not previously been revoked. If the prisoner is serving a period of imprisonment imposed upon revocation of his parole by the D.C. Board of Parole, the Commission shall consider all available and relevant information concerning the prisoner's conduct while on parole, including any allegations of criminal or administrative violations left unresolved by the Board, pursuant to the procedures applicable to initial hearings under § 2.72 and § 2.19(c). The same procedures shall apply in the case of any new information concerning criminal or administrative violations of parole presented to the Commission for the first time following the conclusion of a revocation proceeding that resulted in the revocation of parole and the return of the offender to prison.
[65 FR 45888, July 26, 2000, as amended at 66 FR 37137, July 17, 2001]

Title 28 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 28.

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  • 2014-08-28; vol. 79 # 167 - Thursday, August 28, 2014
    1. 79 FR 51254 - Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Parole Commission
      Final rule.
      Effective August 28, 2014 and is applicable beginning July 23, 2014.
      28 CFR Part 2

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United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE

Title 28 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR 2 after this date.

  • 2014-08-28; vol. 79 # 167 - Thursday, August 28, 2014
    1. 79 FR 51254 - Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Parole Commission
      Final rule.
      Effective August 28, 2014 and is applicable beginning July 23, 2014.
      28 CFR Part 2