28 CFR 550.55 - Eligibility for early release.
§ 550.55
Eligibility for early release.
(a) Eligibility.
Inmates may be eligible for early release by a period not to exceed twelve months if they:
(ii)
D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those included within the definition of “crime of violence” in D.C. Code § 23-1331(4 ); and
(b) Inmates not eligible for early release.
As an exercise of the Director's discretion, the following categories of inmates are not eligible for early release:
(i)
Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide);
(vii)
An offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
(i)
An offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another;
(ii)
An offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device);
(iii)
An offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or
(iv)
An offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors;
(6)
Inmates who have been convicted of an attempt, conspiracy, or other offense which involved an underlying offense listed in paragraph (b)(4) and/or (b)(5) of this section; or
(c) Early release time-frame.
(1)
Inmates so approved may receive early release up to twelve months prior to the expiration of the term of incarceration, except as provided in paragraphs (c)(2) and (3) of this section.
(2)
Under the Director's discretion allowed by 18 U.S.C. 3621(e), we may limit the time-frame of early release based upon the length of sentence imposed by the Court.
Title 28 published on 2012-07-01
no entries appear in the Federal Register after this date.
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