JANET RENO, ATTORNEY GENERAL
UNITED STATES PAROLE COMMISSION
MICHAEL J. GAINES, CHAIRMAN
EDWARD F. REILLY,JR., COMMISSIONER
JOHN R. SIMPSON, COMMISSIONER
Headquarters Office
The mission of the United States Parole Commission is to exercise its authority regarding the release and supervision of offenders under its jurisdiction in a way that promotes justice. In making its decisions, the Commission must take into account the need for just punishment, the offender's risk of recidivism, and the offender's conduct in the institution. Its guiding principle is to apply the least restrictive sanction consistent with just punishment and the protection of the public. The Commission carries out its mission through the conscientious application of its guidelines and policies to each case, tempered by a willingness to give due regard to individual circumstances. The Commission considers information from various sources including, but not limited to, the presentence report, the victim of the offense, the sentencing judge, the prosecutor, prison officials, as well as the offender.
The United States Board of Parole was created by Congress in 1930. In 1976, the Parole Commission and Reorganization Act (Public Law 94-233) retitled the agency as the United States Parole Commission. The Commission, an independent agency within the Department of Justice, has parole release jurisdiction over all eligible federal prisoners and supervisory jurisdiction over federal prisoners who are released on parole or as if on parole (mandatory release).
The Commission is responsible for the parole functions pertaining to eligible federal prisoners confined and all federal parolees and mandatory releasees. Hearing examiners conduct parole hearings with eligible federal prisoners. They also conduct revocation hearings for alleged parole or mandatory release violators.
Field supervision of released prisoners is provided by United States Probation Officers, who are employed by the United States District Courts. United States Probation Officers function as parole officers for parolees and mandatory releasees, monitoring and reporting their activities to the Commission.
Policies and procedures are determined by the Commission at quarterly or special meetings of the Commissioners. Rules and regulations are published in the Federal Register of the United States as part of the Code of Federal Regulations. These regulations are set forth at 28 C.F.R. §2.1-2.67. The Chairman, as the Commission's Chief Executive Officer, is responsible for the management of the Commission.
A prisoner serving a sentence of more than one year who committed his/her offense prior to November 1, 1987, is eligible for parole consideration by the Parole Commission, unless sentenced under a statute expressly prohibiting eligibility for parole.
In addition, the Parole Commission has ongoing responsibility for certain cases even if the defendant committed his/her offense on or after November 1, 1987. These are:
... Foreign Transfer Treaty Cases. The Anti Drug Abuse Act of 1988 assigned to the Parole Commission jurisdiction over all "new law" foreign transfer treaty cases. For offenses committed on or after November 1, 1987, the Parole Commission is to apply the guidelines promulgated by the United States Sentencing Commission. Commission decisions in these cases are appealable directly to a U.S. Court of Appeals....State Witness Protection Cases. The Commission has jurisdiction to supervise probationers and parolees serving state sentences who are transferred to federal jurisdiction because of participation in the Federal Witness Protection Program.
... D.C. Board of Parole Cases in Federal Institutions. The Commission has parole release jurisdiction over persons convicted under the District of Columbia Criminal Code who are confined in any correctional facility of the U.S. Bureau of Prisons.
... Military prisoners in Federal Institutions. The Commission has parole release jurisdiction over persons convicted of military offenses who have been transferred from a military correctional facility to a correctional facility of the U.S. Bureau of Prisons.
The Sentencing Reform Act of 1984 abolished parole eligibility for federal offenders who commit offenses on or after November 1, 1987. It also provided for the abolition of the United States Parole Commission on November 1, 1992. However, when the Congress provided for the abolition of the Parole Commission, it failed to make adequate provision for persons sentenced under the law in effect prior to November 1, 1987, who had not completed their prison terms by the phase-out date. Elimination or reduction of parole eligibility for such cases would raise serious ex post facto clause issues. Therefore, the Judicial Improvements Act of 1990 extended the Commission an additional five years (until November 1, 1997) to handle "old law" cases. The Parole Commission Phaseout Act of 1996 again extended the Parole Commission for an additional five years (until November 1, 2002) for the same reason. In addition, the Parole Commission Phaseout Act of 1996 requires the Attorney General to report to Congress yearly, commencing in May 1998, as to whether it is most cost-effective for the Parole Commission to remain a separate agency or whether its functions (and personnel) should be assigned elsewhere. If the Attorney General recommends incorporating the Parole Commission's functions in another component of the Department of Justice, the Attorney General's plan shall take effect in November of the year in which it is submitted, unless Congress by law provides otherwise. If the parole functions are transferred pursuant to this provision, they will continue as long as necessary without respect to the November l, 2002, expiration date provided elsewhere in the legislation. The Act also reinstates the twelve-year limitation on service as a Parole Commissioner contained in the Parole Commission and Reorganization Act of 1976, and provides for the reduction in the number of Commissioners to two Commissioners on December 31, 1999, and to one Commissioner on December 31, 2001.
To establish a national paroling policy, promote a more consistent exercise of discretion, and enable fairer and more equitable decision making, the United States Parole Commission has developed explicit parole release guidelines. The guidelines, published at 28 C.F.R. §§2.20 and 2.21 describe the customary range of time to be served before release for various combinations of offense (severity) and offender (parole prognosis) characteristics. The time ranges specified by the guidelines are for cases with good institutional behavior. Decisions may be made outside of the applicable guideline range (either above or below), but only for good cause and upon the provision of specific written reasons. Thus, the guidelines structure discretion while retaining the ability to take into account the circumstances of individual cases.
All eligible prisoners, except those with a minimum term of ten years or more, receive an initial parole hearing within 120 days of commitment (or as soon thereafter as practicable) and are provided with a presumptive parole release date based upon the applicable parole release guidelines. The purpose of this procedure is to give the prisoner, at the beginning of his/her service of sentence, a date on which it is presumed that release will take place, provided that the prisoner maintains a good institutional conduct record and has developed adequate release plans. The procedure is designed to remove much of the dysfunctional uncertainty and anxiety surrounding traditional parole practice, while at the same time retaining the flexibility to deal with substantial changes in circumstances.
In addition, interim hearings are scheduled subsequent to the initial decision as required by statute to consider whether there are substantial positive or negative changes in circumstances that may warrant modifying the presumptive date originally set. Following an interim hearing, the Commission may advance a presumptive parole date, but only for sustained superior program achievement or for other clearly exceptional circumstances. It is the intent of the Commission to encourage meaningful voluntary program participation, not superficial attendance in programs merely in an attempt to impress the parole decision makers. Therefore, advances for superior program achievement are deliberately kept modest. Guidelines for such decisions are set forth at 28 C.F.R. § 2.60.
A pre-release record review is conducted prior to each presumptive parole date to determine whether the conditions for a presumptive release have been satisfied. Parole may be retarded for up to 120 days for development and approval of release plans. Similarly, minor infractions of institutional rules may be handled on the record by retarding the release date for up to 90 days. When substantial misconduct or disciplinary infractions exist, the Commission may order a rescission hearing at which a previously determined presumptive release date may be rescinded or retarded. Decisions to rescind or retard parole are sanctions employed by the Commission to assist the Bureau of Prisons in the maintenance of institutional discipline. These sanctions also uphold the integrity of the condition that a parole date is contingent upon the prisoner's continued good conduct. Guidelines for such decisions are set forth at 28 C.F.R. §2.36.
A prisoner who is dissatisfied with the decision rendered by the Commission may file an appeal within thirty days from the date on the official Notice of Action. The National Appeals Board may affirm, modify, or reverse the decision. Decisions of the National Appeals Board are final.
Prisoners sentenced for violations of the District of Columbia Code who are confined in Bureau of Prisons facilities are considered for release by the Parole Commission pursuant to District of Columbia parole procedures. Parolees and mandatory releasees must adhere to a set of general conditions of release that are designed to protect the public welfare and ensure adequate supervision. Among the conditions are that the releasee not violate any federal, state, or local law; not leave a certain fixed geographical area or change place of residence or employment without notifying the probation officer; not associate with any person engaged in criminal activity or who has a criminal record; and make a diligent effort to work regularly, support legal dependents, and satisfy any outstanding fine, restitution order, or court ordered child support or alimony payment. In addition to general conditions, special conditions may be imposed in specific cases (for example, a requirement for drug counseling and testing for a releasee with a history of drug abuse). Violation of a condition of supervision may result in revocation of supervision and return to prison.
Mr. Gaines received a B.A. in 1973 and a J.D. in 1977, both from the University of Arkansas at Little Rock.
Prior to his appointment as a Commissioner, Mr. Gaines had served on the Arkansas Board of Parole since 1986, and as Chairman since 1987. He also served as the Criminal Justice Liaison and Pardon and Extradition Counsel to Governor Bill Clinton between 1983 and 1986, when he became the Executive Director of the State Supreme Court Committee on Professional Conduct. He held that position, along with his part-time position on the Arkansas Board of Parole, until 1989, when he was named the first full-time Chairman of the Arkansas Board of Parole. Between 1978 and 1983, Mr. Gaines was a Parole Hearing Examiner for the Arkansas Department of Correction and prior to that time, was in the private practice of law.
During his career, Mr. Gaines has held membership on numerous Arkansas State Boards, including the Board of Corrections, the Governor's Corrections Resources Commission, and the Governor's Task Force on Crime.
Mr. Gaines is a member of the U.S. Sentencing Commission (ex officio), the National Institute of Corrections Advisory Board (ex officio), the American Correctional Association, the Association of Paroling Authorities International, the American Probation and Parole Association and the Arkansas Adult Probation and Parole Association. He was admitted to practice law in 1977, and is a member of the Bar of Arkansas and the Bar of the United States District Courts.
Mr. Reilly was appointed a Commissioner on August 14, 1992, and designated by the President as the Chairman of the Commission. He served as Chairman until February 4, 1997, when he was designated a member of the National Appeals Board.
Mr. Reilly received a B.A in political science from the University of Kansas. Prior to his appointment to the Parole Commission, Mr. Reilly served 29 years as a legislator in the State of Kansas. He served one year as a member of the Kansas House of Representatives and then 28 years as a Senator in the Kansas State Senate. In the legislature, Mr. Reilly served as Assistant Majority Leader, Chairman of the Senate Committee on Federal and State Affairs, Chairman of the Senate Insurance Subcommittee, and Vice Chairman of the Senate Elections Committee.
As Chairman of the Senate Committee on Federal and State Affairs, which handled most corrections issues, Mr. Reilly became keenly interested in the area of corrections, probation, and parole. In the late 1970's, he was instrumental in the passage of legislation allowing the private sector in Kansas the opportunity to establish businesses near state penal institutions and hire inmates, one of the first state efforts to do so. The resulting program provided inmates meaningful work experience and opportunities to acquire marketable skills, contributed to rehabilitation, reduced idleness, and assisted in the management of large inmate populations in crowed institutions. In 1981, Mr. Reilly chaired the Senate/House Committee that reviewed the operations of the Kansas Correctional System. This review ultimately led to major reforms in Kansas Corrections, including increased benefits for correctional officers, better retention of employees in the corrections system, and the accreditation of some of Kansas' major correctional institutions.
From 1982 to 1986, Mr. Reilly served as a Commissioner on the National Commission on Accreditation for Law Enforcement Agencies. In 1985, he was appointed a member of the National Highway Safety Advisory Committee. He has served as an advisory member of the American Justice Institute on federal and state prisons and as a member of the Community Liaison Committee of the United States Penitentiary, Leavenworth, Kansas, and the Kansas State Penitentiary, Lansing, Kansas. He has also served as a member of the State Attorney General's Task Force on Drug Education in Kansas.
Mr. Reilly is a member of the American Correctional Association, the Association of Paroling Authorities International, the National Criminal Justice Association, the National Committee on Community Corrections, and the National Association of Chiefs of Police. As Chairman of the Parole Commission, he served as a member of the U.S. Sentencing Commission (ex officio) and the National Institute of Corrections Advisory Board (ex officio). In addition, he has served on a number of Boards, Committees, and Task Forces relating to issues involving the criminal justice system.
A native of Leavenworth, Kansas, Mr. Reilly was for thirty years in the field of real estate insurance and banking. Mr. Reilly has been a recipient of the following awards for heroism: Carnegie Hero Fund Commission Award Medallion (1991); the Robert P. Connelly Kiwanis International Award (1991); Special Commendation Recognition, City of Leavenworth, for Heroism (1990); Good Samaritan Award Police Hall of Fame (1990); and the American Police Hall of Fame Award (1990). Other awards received include: the Hallmark Cards Hall Pac Public Service Award for Outstanding Individual Achievement in the Kansas Legislature (1988); the American Legion's Community Service Award (1992); the United States Flag Award by the Daughters of the American Revolution; and the Silver Angel Award presented by the Kansas Catholic Conference as the highest award for distinguished service to his church (1992). In addition, he is a member of many service and fraternal organizations, and served as a Commissioner on the Governor's Martin Luther King, Jr. Holiday Celebration Commission in Kansas (1991). He serves on the Fort Leavenworth Historical Museum Committee and on the Buffalo Soldiers' Monument Committee. He is a member of the National Troopers Coalition, the Kansas Highway Troopers Association, the Kansas Sheriffs' Association, and the Kansas Peace Officers Association.
Mr. Reilly served seven years in the Reserve Officers Training Corps. He has been actively engaged in the International Officers Program at Fort Leavenworth, Kansas, hosting international officers from many nations attending the Command and General Staff College. He has been an instructor to these international officers in courses on federal, state, and local government since 1967.
Mr. Simpson was appointed a Commissioner on April 21, 1992, and designated a Regional Commissioner.
Mr. Simpson received a B.C. from Loyola College in Montreal and a J.D. from the New England School of Law in Boston.
Prior to his appointment as a Commissioner, Mr. Simpson worked with the Secret Service. He began his career in 1962 and, from 1981 until 1992, he served as the 16th Director of the Secret Service. During his career with the Secret Service he was elected President of the International Criminal Police Organization (INTERPOL) and served a four-year term. He was the first American to hold that position.
Mr. Simpson is a veteran of the United States Army. He is a member of the International Association of Chiefs of Police, the American Society for Industrial Security, the National Sheriffs Association, the National Association of Public Administrators, and the National War College Alumni Association.
2. If you are released to the custody of other authorities, and after your release from physical custody of such authorities, you are unable to report to the United States Probation Officer to whom you are assigned within three days, you shall report instead to the nearest United States Probation Officer.
3. You shall not leave the limits fixed by this CERTIFICATE OF RELEASE without written permission from your Probation Officer.
4. You shall notify your Probation Officer within 2 days of any change in your place of residence.
5. You shall make a complete and truthful written report (on a form provided for that purpose) to your Probation Officer between the first and third day of each month, and on the final day of parole. You shall also report to your Probation Officer at other times as your Probation Officer directs, providing complete and truthful information.
6. You shall not violate any law. Nor shall you associate with persons engaged in criminal activity. If you are arrested or questioned by a law-enforcement officer, you shall within 2 days report such contact to your Probation Officer or the United States Probation Office.
7. You shall not enter into any agreement to act as an "informer" or special agent for any law-enforcement agency.
8. You shall work regularly unless excused by your Probation Officer, and support your legal dependents, if any, to the best of your ability. You shall report within 2 days to your Probation Officer any changes in employment.9. You shall not drink alcoholic beverages to excess. You shall not purchase, possess, use or administer marijuana or narcotic or other habit-forming or dangerous drugs, unless prescribed or advised by a physician. You shall not frequent places where such drugs are illegally sold, dispensed, used or given away.
10. You shall not associate with persons who have a criminal record unless you have permission of your Probation Officer.
11. You shall not possess a firearm/ammunition or other dangerous weapons.
12. You shall permit confiscation by your Probation Officer of any materials which your Probation Officer believes may constitute contraband in your possession and which your Probation Officer observes in plain view in your residence, place of business or occupation, vehicle(s) or on your person.
13. You shall make a diligent effort to satisfy any fine, restitution order, court costs or assessment, and/or court ordered child support or alimony payment that has been, or may be, imposed, and shall provide such financial information as may be requested, by your Probation Officer, relevant to the payment of the obligation. If unable to pay the obligation in one sum, you will cooperate with your Probation Officer in establishing an installment payment schedule.
14. You shall submit to a drug test whenever ordered by your Probation Officer.
( ) You shall participate as instructed by your Probation Officer in a program approved by the Parole Commission for treatment of narcotic addiction or drug dependency, which may include testing and examination to determine if you have reverted to the use of drugs.
( ) You shall participate in a community based program for the treatment of alcoholism as directed by your Probation Officer.
( ) You shall participate in an in-patient or an out-patient mental health program as directed by your Probation Officer.( ) You shall reside in and participate in a program of the Community Corrections Center as instructed until discharge by the Center Director, but no later than 120 days from admission.
( ) Other:
Parole is the serving of part of your sentence under supervision in the community. The law says that the Parole Commission may grant parole if (a) the inmate has substantially observed the rules of the institution; (b) release would not depreciate the seriousness of the offense or promote disrespect for the law; and (c) release would not jeopardize the public welfare.
No. Probation is a period of supervision in the community imposed by the court as an alternative to imprisonment. Parole is the release of a prisoner to supervision in the community after he/she has completed a part of his/her sentence in an institution.
Parole has a three-fold purpose: (1) through the assistance of the United States Probation Officer, a parolee may obtain help with problems concerning employment, residence, finances, or other personal problems which often trouble a person trying to adjust to life upon release from prison; (2) parole protects society because it helps former prisoners get established in the community and thus prevents many situations in which they might commit a new offense; and (3) parole prevents needless imprisonment of those who are not likely to commit further crime and who meet the criteria for parole set forth in the answer to Question 1. While in the community, supervision will be oriented toward reintegrating the offender as a productive member of society.
You become "eligible" for parole according to the type of sentence you received from the court. Your "parole eligibility" date is the earliest time you might be paroled. If the Parole Commission decides to parole you it will set the date of your release, but that date must be on or after your "eligibility" date.
Unless the court specified a minimum time for you to serve or imposed an "indeterminate" type of sentence, parole eligibility occurs upon completion of one-third of your term. If you are serving a life sentence or a term or terms of 30 years or more you become eligible for parole after 10 years. If the court used sub-paragraph (b) (2) of §4205, Title 18, U.S.C. in your case, you are eligible for parole at any time.
You must fill out and sign an application for parole furnished by your case manager. This form is provided to you before you are scheduled to appear before the Commission. Everyone except those committed under juvenile delinquency procedure who wishes to be considered for parole must complete the parole application.
You should sign a waiver instead of a parole application. If you should later change your mind you may apply and have a hearing at the next regularly scheduled meeting by a Hearing Examiner, provided you apply at least 60 days before the month in which the Hearing Examiner is scheduled to visit your institution.
You will be notified by your Case Manager when your hearing is scheduled. Your first or initial hearing will ordinarily take place within a few months after your arrival unless you are serving a minimum term of ten years or more in which case your initial hearing will be scheduled six months prior to the completion of 10 years.
The Notice of Hearing form will tell you that you may ask to see your file before the hearing. Certain parts of the file are exempted by law from being shown to you. Such exempted parts will be summarized, however, and the summary furnished to you if you ask to see your file. If you ask to see your file, or part of it, you may inspect any documents, except the exempted ones, which the Parole Commission uses as a basis for its decision about your parole. Your Case Manager can explain what types of material are exempted by law, and can assist you in requesting your file review. He/she can also tell you about the possibility of reviewing your file at some time other than just before your parole hearing.
The Notice of Hearing form provides a place for you to name someone as your representative at the hearing. You must have his/her permission, and you must give him/her enough time to plan to attend the hearing. Your representative may enter the hearing room with you and make a brief statement on your behalf. Should you decide not to have a representative you will be asked to initial the waiver section on the Notice of Hearing form.
Generally, hearings will be conducted by a Hearing Examiner, who is a member of the staff of the Parole Commission. Your Case Manager generally also will attend the hearing. Observers may ask to come into the hearing room occasionally. These are usually members of the institution staff or personnel of the Parole Commission. A person who wishes to speak in opposition to your parole may also appear at the hearing.
The hearing is an opportunity for you to tell your own story and to express your own thoughts as to why you feel you should be paroled. Many subjects may come up during the course of the hearing. These may include such things as the details of your offense, your prior criminal history, the guidelines which the Commission uses in making a parole decision, your accomplishments in the institution, the details of your release plan, and any problems you have had to meet in the past or are likely to face in the future. The Commission is interested both in the protection of society against further criminal behavior as well as your needs as an individual. There are no hard and fast rules about the content or length of the hearing.
Yes, the interview is recorded. You may request a copy of the recording by submitting a request under the Freedom of Information Act.
An Examiner reviews your case file before your interview. A recommendation relative to parole is made at the conclusion of the hearing and in most instances you will be notified of that recommendation. If a recommendation is not provided, the Examiner may refer your case to the Commission's Office for further review. All recommendations made at the hearing are only tentative as another examiner review is required before the final decision is made by the Regional Commissioner. Usually, within 21 days after the hearing you will be sent a Notice of Action advising you of the official decision.
The Hearing Examiner uses Commission approved guidelines to determine how long you should serve in addition to his/her own judgment. In using the guidelines, three important factors are considered. These are (1) the severity of your current offense behavior; (2) the "salient factor score" which contains items about you (such as your prior criminal history) that help predict your chances of success on parole; and (3) your institutional adjustment and program performance.
No, the guidelines serve only as a general indicator for use during your hearing. The Examiner may make a recommendation outside of the guidelines, but in such case the examiner must state in writing the special reasons which justify that recommendation.
In making a recommendation, the Examiner may take into account anything of importance relating to your case. Since no two persons' situations are alike, factors of importance in one case may not be important in another. Codefendants, for example, may not be handled alike because of their different backgrounds or other facts which make their cases different.
Yes, your Case Manager can advise where you can review the guidelines and "salient factor score" sheet. These also may be in the institution library. The Notice of Action you receive following your parole hearing will include a copy of your own guideline factors and "salient factor score" sheet.
The Judge who sentenced you, the Assistant United States Attorney who prosecuted your case and your defense attorney may make recommendations regarding parole. These recommendations are generally submitted to the Commission before your first hearing and become a part of the material the Commission considers. The Judge's recommendation and the defense attorney's recommendation will be made on Form AO-235. The Assistant United States Attorney's recommendation will be on Form 792.
Institution staff recommendations if provided are given thoughtful consideration but are not always followed as they are only one of the several factors considered by the Examiner and the Commission. See answer to Question 1 for the criteria for parole consideration by the Commission.
A. Forfeited or withheld good time. The law requires that a prisoner observe the rules of the institution in which confined in order to be eligible for parole. Forfeited or withheld good time indicates that institution rules have not been observed and is a poor argument for parole, but does not automatically disqualify the applicant from Commission consideration.
B. Presence of a detainer. The presence of a detainer does not of itself constitute a reason to deny parole. If you otherwise would be paroled you may be paroled "to the detainer or an approved plan." In that event you will be released to the physical custody of the state or local authorities; or, should the detainer be dropped, to your plan for community living. In other cases, you may be paroled "to the detainer only." In those cases, should the detainer be dropped, you will not be released and a further review will be made by the Commission.
C. Alien subject to deportation. In some cases, the Commission grants parole on condition that the alien be deported and remain outside the United States. In other cases, the Commission merely grants parole to an immigration detainer. In such instances the individual does not leave the institution until the immigration officials are ready to receive him.
D. Case in court on appeal. All persons have the right by law to appeal their conviction and sentence. The Parole Commission recognizes this right and the existence of a court appeal has no bearing whatever on parole decisions.
A fine for which you "stand committed" must be taken care of in some way before the Commission can take action on the "time portion" of your sentence. The usual way to take care of a fine is to pay it. If you cannot do so, you may apply to take an "indigent prisoner's oath" if you can show that you have few or no funds or assets. Your Case Manager can help you apply to take this oath. If you can neither pay the fine nor qualify for the above described oath, the Warden or Magistrate might determine that you need all of your money or assets to support yourself and your family. In some cases you may be able to pay part of your fine and the Warden or Magistrate will determine that you need the remainder of your money or assets for the support of yourself and your family. In such cases, however, you still have a civil requirement to pay the fine at some later date. If you do have sufficient money or assets to pay your committed fine but fail to do so, you will not be paroled.
Yes, the Hearing Examiner will discuss the recommendation with you at the time of your hearing, and the Notice of Action will state the reasons for the decision. It will also provide the reasons if the Commission's decision continues you outside the range called for in the guidelines.
By law, if your sentence is less than seven years you will be granted another hearing after 18 months from the time of your last hearing. If your sentence is seven years or more the next hearing is scheduled 24 months from the time of your last hearing. Your first Statutory Interim Hearing may be delayed until the docket preceding eligibility if there is more than 18 or 24 months between your initial hearing and your eligibility date.
If the Commission has granted you a presumptive parole date, you may waive the Statutory Interim Hearing, only if you have not received any major Disciplinary Hearing Officer level incident reports. If you have been continued to expiration or a 15 year reconsideration hearing you may waive subsequent statutory interim hearings. If you waive the statutory interim hearing you will not be heard again unless you submit a reapplication for the hearing.
Yes, within thirty days of the date on your Notice of Action you may file an appeal with the National Appeals Board. Your Case Manager can give you the form used for this purpose. After receiving your appeal, the National Appeals Board may affirm, reverse or modify the Regional Commissioner's decision or may order a new hearing. A decision by the National Appeals Board is final. Decisions made under the procedures of the District of Columbia are not eligible for the appeal process.
If your sentence is five years or longer the law provides that you will be paroled by the Commission when you have served two-thirds of your term or terms, unless the Commission makes a finding either that (1) you have seriously or frequently violated institution rules and regulations, or (2) there is a reasonable probability that you will commit a further crime. If you are serving a life term or consecutive terms, your Case Manager can explain the law in relation to parole at the two-thirds point.
If you are serving a sentence of five years or larger, your case will be reviewed on the record shortly before your "two-thirds" date arrives. If you are not paroled on the basis of a "record review," you will be scheduled for a hearing when the Hearing Examiner next visits the institution. A decision about your parole will then follow that hearing.
Yes. If you choose to waive parole at this point, your release will occur at the mandatory release date of your sentence.
Yes. You must abide by the conditions of release, and your parole may be revoked if you violate any of them. You will remain under supervision until the expiration of your sentence unless the Commission terminates supervision earlier. The reduction of supervision time by 180 days provided by the mandatory release laws does not apply to this type of parole.
Unless you have forfeited all statutory good time, you will be released via Mandatory Release. The Mandatory Release date is computed by the institution officials according to how much statutory good time you are entitled to and how much "extra" good time you earn. The law states that a mandatory releasee "shall upon release be treated as if released on parole and shall be subject to all provisions of the law relating to the parole of United States prisoners until the expiration of the maximum term or terms for which he was sentenced, less 180 days." This means you should have a release plan as if you were going out on parole. You will be supervised by a United States Probation Officer as if you were a parolee until 180 days before the expiration date of your sentence provided you do not violate the conditions of release, in which case the Commission retains jurisdiction to the original full term date of your sentence.
If you are not paroled and have less than 180 days left on your sentence when you are released, you will be released without supervision.
If you are serving a special parole term your supervision will terminate at the full term date. The 180 day date does not apply.
If your parole plan is complete and has been approved by the Parole Commission following an investigation by the United States Probation Officer, you will be released on the date set by the Commission (assuming, of course, that your parole is not retarded or rescinded for misconduct or for some other reason). If your plan is not approved, your release may be delayed regardless of the effective date which the Commission set when it granted your parole.
Your release plan should normally include a suitable residence and a verified offer of employment. A parole advisor is necessary only if the Commission or the United States Probation Officer specifically says that one should be obtained. There are exceptions. For example, a definite job is sometimes neither necessary nor possible. The Commission always considers the individual's situation and may waive this or any other standard requirement if it sees fit to do so. On the other hand, special requirements may be added and must be met before release.
Relatives, friends, and social agencies in the community where you wish to live or former employers are likely contacts. If you are released through a Community Corrections Center this is also a time during which you may find employment.
Job offers are investigated by the United States Probation Officer to whom you will report, and that officer reports back to the institution and the Parole Commission.
In most cases, any legitimate employment is normally acceptable. Full time work is preferable to parttime; work done continuously at one location generally is better than work which makes travel necessary. It is also expected that the job you obtain will provide enough income for yourself and your dependents.
In a particular case the Parole Commission may rule specifically against certain employment. If, for example, the original offense behavior involved abuse of a certain occupational position and there would be a likelihood of further criminal conduct if you returned to such employment then that employment may be denied.
The Commission is interested in your having a suitable place to live. Sometimes this is with family or relatives, but in other cases the Commission may consider an independent living agreement more suitable. There is no rigid rule which requires that you be paroled to your home if you have one, or that you cannot be paroled if you do not.
In most instances you will be released to the Judicial District in which you were convicted or the Judicial District of your legal residence. Your former community may offer the best opportunity for the help and support you will need. If the Commission believes, however, that your chance of success on parole is greater in another community, it may order residence in a different Judicial District.
Unless you are released to a detainer, you will go to your approved residence and report within three days to the United States Probation Office shown on your release certificate. You continue to report to your Probation Officer in person as instructed by him. In addition, monthly written reports are required as long as you remain under supervision on your sentence.
The conditions are indicated on the release certificate presented to you when you are released or on the Notice of Action.
If you believe the conditions on your Certificate of Release are unfair, you may ask your Case Manager for an appeal form and submit it to the Regional Commissioner within 30 days after you are released. The Commission will consider your appeal and you will be notified of the decision. While your appeal is pending, you must continue to abide by the conditions imposed.
The Probation Officer or the Commission itself may propose changing or adding to the conditions. You will be notified of any such proposal and will be allowed up to ten days to make any written comments you wish to the Commission. A form for this purpose will be available and you can use it for your comments if you wish. You may write directly to the Commission (with a copy to your Probation Officer) if you wish to have any of the conditions amended or deleted and your request will be considered.
Federal law permits the Commission to require you to participate in any of the programs mentioned for all or part of your time under supervision. In most cases, you will be notified in advance and may submit your comments about the proposal to the Commission before the final decision is made.
Except in very rare situations, federal law forbids anyone who has ever been convicted of a felony from possessing firearms or ammunition. Generally, therefore, you will not be permitted to own or possess a firearm or ammunition. Further information may be obtained from your Probation Officer.
If you are paroled, you will remain under the jurisdiction of the Parole Commission and under supervision of your Probation Officer until the maximum expiration date of your sentence, unless the Commission terminates supervision earlier. If your supervision is terminated early, you will be given a Certificate of Early Termination.
If you are not paroled and are instead mandatorily released, your supervision automatically ends 180 days before the maximum expiration date, unless the Commission terminates your supervision earlier and issues you a Certificate of Early Termination.
Your Probation Officer will submit an annual report to the Commission about your adjustment in the community. After reviewing the report including any recommendations, the Commission may decide to terminate your supervision early. By law, the Commission must consider your case after your second year in the community (not counting any time spent in confinement since your release), and every year thereafter.
After five years of supervision in the community the Commission must terminate your supervision unless it finds that there is a likelihood that you will engage in conduct violating any law. Any finding of that nature will be made only after you have had an opportunity for a personal hearing. You may choose to waive the hearing if you wish.
Your Probation Officer reports the violation to the Parole Commission and a Commissioner determines the appropriate sanctions, including the possibility of issuance of a warrant for your arrest or a summons for you to appear at a hearing. The Probation Officer is required to report any and all violations, but may recommend that you be continued under supervision. His/her recommendation is one of the factors considered by the Commission in its decision.
Only a Parole Commissioner may issue a warrant or a summons for a violation of the conditions of release.
You are either taken into custody or summonsed to appear at a hearing. Custody is usually in the nearest government approved jail or detention center. Unless you have been convicted of a new offense, a Probation Officer will personally advise you of your legal rights and conduct a preliminary interview. The Probation Officer will discuss the charges which have been placed against you and then submit a report to the Commission. In this report, the Probation Officer will recommend whether there is "probable cause" to believe that a violation has occurred and whether you should be held in custody pending a revocation hearing or be reinstated to supervision. The Probation Officer will advise you of the recommendation and the basis for it.
After the Probation Officer's report is received, the Regional Commissioner will either order you reinstated to supervision or order you held for a revocation hearing by a Hearing Examiner.
If you were convicted of a new offense, you are not entitled to a preliminary interview because the conviction is sufficient evidence that you did violate the conditions of your release. In such case, you may be transported without delay to a federal institution for your revocation hearing.
Yes, you are entitled to an attorney of your choice (or have one appointed by the court if you cannot afford to pay for one). It is your responsibility to keep your attorney advised as to the time and place of the hearing.
Generally, revocation hearings are held after your return to a federal institution. Such institutional hearings are held within 90 days from the time you were taken into custody on the basis of the Commission's warrant.
If there are sufficient reasons to do so, the Commission may order your revocation hearing held in your own community or in the community where you were arrested. You will be entitled to such a hearing only if you deny that you violated any of the conditions of release and if you were not convicted of a crime while under supervision. If you request a local revocation hearing you must complete a form which will be provided to you for that purpose. There is a penalty for false answers on this form, and a denial of violation must be honestly made. Local revocation hearings are generally held within 60 days from the date the Regional Commissioner finds "probable cause" that you violated parole or mandatory release.
You have the right to ask for such "adverse witnesses" at a local revocation hearing and they will be either invited or subpoenaed to appear unless the Commission feels they should not appear and has cause for not having them there. Witnesses may be cross-examined by you or your attorney. If the Commission finds that any such adverse witnesses should not appear, they may be asked to submit a statement instead, and you will be allowed to see such statement. You may also have voluntary witnesses appear at your hearing to testify on your behalf.
Yes, except that you are not entitled to "adverse witnesses" at an institutional hearing.
Generally, if you are convicted of a new law violation you are not entitled to credit for any of the time you were under supervision unless you are serving a YCA or NARA commitment. You are also not entitled to credit for any time you intentionally failed to respond or report to your Probation Officer or after you absconded from your area and the Probation Officer did not know where you were living. For violation of any of the other noncriminal conditions, you generally will be credited for all of the time you were under supervision in the community.
The Commission utilizes its guidelines to help in determining the length of time you should serve. The guidelines are the same ones used for inmates who apply for their initial parole hearings. Decisions, of course, can be made above or below the guidelines for good cause.
While you are in the institution, talk with your Case Manager or counselor. After you are released, contact your Probation Officer.
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