28 CFR 571.62 - Approval of request.

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There is 1 rule appearing in the Federal Register for 28 CFR 571. View below or at eCFR (GPOAccess)
§ 571.62 Approval of request.
(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only after review of the request by the Warden, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.
(1) The Warden shall promptly review a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of the request determines that the request warrants approval, the Warden shall refer the matter in writing with recommendation to the Office of General Counsel.
(2) If the General Counsel determines that the request warrants approval, the General Counsel shall solicit the opinion of either the Medical Director or the Assistant Director, Correctional Programs Division depending upon the nature of the basis of the request. With this opinion, the General Counsel shall forward the entire matter to the Director, Bureau of Prisons, for final decision.
(3) If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate's sentence to time served. If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Director of the Bureau of Prisons to reduce the inmate's term of imprisonment to time served.
(b) Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 4205(g), the Warden of the institution where the inmate is confined shall schedule the inmate for hearing on the earliest Parole Commission docket. Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution where the inmate is confined shall release the inmate forthwith.
(c) In the event the basis of the request is the medical condition of the inmate, staff shall expedite the request at all levels.
[59 FR 1238, Jan. 7, 1994, as amended at 78 FR 13479, Feb. 28, 2013]

Title 28 published on 2013-07-01

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

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-12-05; vol. 78 # 234 - Thursday, December 5, 2013
    1. 78 FR 73083 - Compassionate Release
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Bureau of Prisons
      Interim rule.
      This rule will be effective December 5, 2013. Written comments must be postmarked and electronic comments must be submitted on or before February 3, 2014. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until Midnight Eastern Time at the end of that day.
      28 CFR Part 571

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United States Code

Title 28 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR 571 after this date.

  • 2013-12-05; vol. 78 # 234 - Thursday, December 5, 2013
    1. 78 FR 73083 - Compassionate Release
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Bureau of Prisons
      Interim rule.
      This rule will be effective December 5, 2013. Written comments must be postmarked and electronic comments must be submitted on or before February 3, 2014. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until Midnight Eastern Time at the end of that day.
      28 CFR Part 571