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:
(1) Were sentenced to a term of imprisonment under either:
(i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or
(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
(2) Successfully complete a RDAP, as described in § 550.53, during their current commitment.
(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:
(1) Immigration and Customs Enforcement detainees;
(2) Pretrial inmates;
(3) Contractual boarders (for example, State or military inmates);
(4) Inmates who have a prior felony or misdemeanor conviction for:
(i) Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide);
(ii) Forcible rape;
(iii) Robbery;
(iv) Aggravated assault;
(v) Arson;
(vi) Kidnaping; or
(vii) An offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
(5) Inmates who have a current felony conviction for:
(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
(7) Inmates who previously received an early release under 18 U.S.C. 3621(e).
(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.
(3) If inmates cannot fulfill their community-based treatment obligations by the presumptive release date, we may adjust provisional release dates by the least amount of time necessary to allow inmates to fulfill their treatment obligations.

Title 28 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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

§ 3481 - Competency of accused

§ 3482 - Evidence and witnesses—(Rule)

§ 3483 - Indigent defendants, process to produce evidence—(Rule)

§ 3484 - Subpoenas—(Rule)

§ 3485 - Expert witnesses—(Rule)

§ 3486 - Administrative subpoenas

§ 3486A - Repealed.

§ 3487 - Refusal to pay as evidence of embezzlement

§ 3488 - Intoxicating liquor in Indian country as evidence of unlawful introduction

§ 3489 - Discovery and inspection—(Rule)

§ 3490 - Official record or entry—(Rule)

§ 3491 - Foreign documents

§ 3492 - Commission to consular officers to authenticate foreign documents

§ 3493 - Deposition to authenticate foreign documents

§ 3494 - Certification of genuineness of foreign document

§ 3495 - Fees and expenses of consuls, counsel, interpreters and witnesses

§ 3496 - Regulations by President as to commissions, fees of witnesses, counsel and interpreters

§ 3497 - Account as evidence of embezzlement

§ 3498 - Depositions—(Rule)

§ 3499 - Contempt of court by witness—(Rule)

§ 3500 - Demands for production of statements and reports of witnesses

§ 3501 - Admissibility of confessions

§ 3502 - Admissibility in evidence of eye witness testimony

§ 3503 - Repealed.

§ 3504 - Litigation concerning sources of evidence

§ 3505 - Foreign records of regularly conducted activity

§ 3506 - Service of papers filed in opposition to official request by United States to foreign government for criminal evidence

§ 3507 - Special master at foreign deposition

§ 3508 - Custody and return of foreign witnesses

§ 3509 - Child victims’ and child witnesses’ rights

§ 3510 - Rights of victims to attend and observe trial

§ 3511 - Judicial review of requests for information

§ 3512 - Foreign requests for assistance in criminal investigations and prosecutions

§ 3521 - Witness relocation and protection

§ 3522 - Probationers and parolees

§ 3523 - Civil judgments

§ 3524 - Child custody arrangements

§ 3525 - Victims Compensation Fund

§ 3526 - Cooperation of other Federal agencies and State governments; reimbursement of expenses

§ 3527 - Additional authority of Attorney General

§ 3528 - Definition

§ 3621 - Imprisonment of a convicted person

§ 3622 - Temporary release of a prisoner

§ 3624 - Release of a prisoner

§ 4001 - Limitation on detention; control of prisons

§ 4042 - Duties of Bureau of Prisons

§ 4046 - Shock incarceration program

§ 5006 - Repealed.

§ 5024

§ 5039 - Commitment

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE