28 CFR 2.85 - Conditions of release.

§ 2.85 Conditions of release.
(a) General conditions of release.
(1) The conditions set forth in § 2.204(a)(3)-(6) apply for the reasons set forth in § 2.204(a)(1). These conditions are printed on the certificate of release issued to each releasee.
(2)
(i) The refusal of a prisoner who has been granted a parole date to sign the certificate of release (or any other document necessary to fulfill a condition of release) constitutes withdrawal of that prisoner's application for parole as of the date of refusal. To be considered for parole again, the prisoner must reapply for parole consideration.
(ii) A prisoner who is released to supervision through good-time deduction who refuses to sign the certificate of release is nevertheless bound by the conditions set forth in that certificate.
(b) Special conditions of release. The Commission may impose a condition other than one of the general conditions of release if the Commission determines that such condition is necessary to protect the public from further crimes by the releasee and provide adequate supervision of the releasee. Examples of special conditions of release that the Commission frequently imposes are found at § 2.204(b)(2).
(c) Changing conditions of release. The provisions of § 2.204(c) apply.
(d) Application of release conditions to absconder. The provisions of § 2.204(d) apply.
(e) Supervision officer guidance. The provisions of § 2.204(f) apply.
(f) Definitions. For purposes of this section—
(1) The terms supervision officer, domestic violence crime, approved offender-rehabilitation program and firearm, as used in § 2.204, have the meanings given those terms by § 2.204(g);
(2) The term releasee, as used in this section and in § 2.204, means a person convicted of an offense under the District of Columbia Code who has been released on parole or released through good-time deduction; and
(3) The term certificate of release, as used in this section and in § 2.204, means the certificate of parole or mandatory release delivered to the releasee under § 2.86.
[68 FR 41700, July 15, 2003]
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§ 2.85 Conditions of release.

(a)

(1) General conditions of release and notice by certificate of release. All persons on supervision must follow the conditions of release described in § 2.204(a)(3) through (6). Your certificate of release informs you of these conditions and other special conditions that we have imposed for your supervision.

(2) Refusing to sign the certificate of release.

(i) If you have been granted a parole date and you refuse to sign the certificate of release (or any other document necessary to fulfill a condition of release), we will consider your refusal as a withdrawal of your application for parole as of the date of your refusal. You will not be released on parole and you will have to reapply for parole consideration.

(ii) If you are scheduled for release to supervision through good-time deduction and you refuse to sign the certificate of release, you will be released but you still must follow the conditions listed in the certificate.

(b) Special conditions of release. We may impose a condition of release other than a condition described in § 2.204(a)(3) through (6) if we determine that imposing the condition is reasonably related to the nature and circumstances of your offense or your history and characteristics, and at least one of the following purposes of criminal sentencing: The need to deter you from criminal conduct; protection of the public from further crimes; or the need to provide you with training or correctional treatment or medical care. In choosing a condition we will also consider whether the condition involves no greater deprivation of liberty than is reasonably necessary for the purposes of deterrence of criminal conduct, protection of the public from crime and offender rehabilitation. We list some examples of special conditions of release at § 2.204(b)(2).

(c) Changing conditions of release. We may at any time change or add to the conditions of release if we decide that such action is consistent with the criteria described in paragraph (b) of this section. In making these changes we will use the procedures described in § 2.204(c) and (d). You may not appeal the decision.

(d) Application of release conditions to an absconder. If you abscond from supervision, you will stop the running of your sentence as of the date of your absconding and you will prevent the expiration of your sentence. You will still be bound by the conditions of release while you are an absconder, even after the original expiration date of your sentence. We may revoke your release for a violation of a release condition that you commit before the revised expiration date of your sentence (the original expiration date plus the time you were an absconder).

(e) Supervision officer guidance. See § 2.204(g).

(f) Definitions. See § 2.204(h).

[79 FR 51258, Aug. 28, 2014]

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

Title 28 published on 2015-07-01

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

  • 2015-10-19; vol. 80 # 201 - Monday, October 19, 2015
    1. 80 FR 63115 - 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 October 19, 2015.
      28 CFR Part 2