All
All
Parallel
Title
Appellant
Respondent
Lawyer
Parallel Search is an AI-driven legal research functionality that uses natural language understanding to find conceptually relevant case law, even without exact keyword matches.
Hi, I'm AMICUS. Your GPT powered virtual legal assistant.
Let's chat.
Log in
Sign Up
Select Country
India
UK
&
Ireland
AMICUS AI
CaseIQ
Keyword Research
Parallel Search
Browse
Commentaries
Columns
My Project
New chat
Federal
U.S. Supreme Court
Federal Circuit
1st Circuit
2d Circuit
3d Circuit
4th Circuit
5th Circuit
6th Circuit
7th Circuit
8th Circuit
9th Circuit
10th Circuit
11th Circuit
Court of Appeals for the D.C. Circuit
Board of Immigration Appeals
Special Courts
Bankruptcy
State
Alabama
Alaska
Arkansas
Arizona
California
Colorado
Connecticut
Delaware
District Of Columbia
Florida
Georgia
Guam
Hawaii
Iowa
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Maryland
Maine
Michigan
Minnesota
Missouri
Mississippi
Montana
Nebraska
North Carolina
North Dakota
New Hampshire
New Jersey
Northern Mariana Islands
New Mexico
Nevada
New York
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Vermont
Washington
Wisconsin
West Virginia
Wyoming
28 C.F.R. § 2.14 : Judicial Administration — DEPARTMENT OF JUSTICE — PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS — UNITED STATES CODE PRISONERS AND PAROLEES — Subsequent proceedings
Text
(a)
Interim proceedings.
The purpose of an interim hearing required by 18 U.S.C. 4208(h) shall be to consider any significant developments or changes in the prisoner's status that may have occurred subsequent to the initial hearing.
(1)
Notwithstanding a previously ordered presumptive release date or fifteen year reconsideration hearing, interim hearings shall be conducted pursuant to the procedures of §2.13(b), (c), (e), and (f) at the following intervals from the date of the last hearing:
(i)
In the case of a prisoner with a maximum term or terms of less than seven years, every eighteen months (until released);
(ii)
In the case of a prisoner with a maximum term or terms of seven years or more, every twenty-four months (until released);
(iii)
In the case of a prisoner with an unsatisfied minimum term, the first interim hearing shall be scheduled under paragraphs (a)(1)(i) or (ii) of this section, or on the docket of hearings that is nine months prior to the month of parole eligibility, whichever is later.
(2)
Following an interim hearing, the Commission may:
(i)
Order no change in the previous decision;
(ii)
Advance a presumptive release date, or the date of a fifteen year reconsideration hearing. However, it shall be the policy of the Commission that once set, a presumptive release date or the date of a fifteen year reconsideration hearing shall be advanced only:
(1)
For superior program achievement under the provisions of §2.60; or
(2)
For other clearly exceptional circumstances.
(iii)
Retard or rescind a presumptive parole date for reason of disciplinary infractions. In a case in which disciplinary infractions have occurred, the interim hearing shall be conducted in accordance with the procedures of §2.34(c) through (f). (Prior to each interim hearing, prisoners shall be notified on the progress report furnished by the Bureau of Prisons that any finding of misconduct by the Discipline Hearing Officer since the previous hearing will be considered for possible action under this paragraph);
(iv)
If a presumptive date falls within nine months after the date of an interim hearing, the Commission may treat the interim hearing as a prerelease review in lieu of the record review required by paragraph (b) of this section.
(b)
Pre-release reviews.
The purpose of a pre-release review shall be to determine whether the conditions of a presumptive release date by parole have been satisfied.
(1)
At least sixty days prior to a presumptive parole date, the case shall be reviewed on the record, including a current institutional progress report.
(2)
Following review, the Regional Commissioner may:
(i)
Approve the parole date;
(ii)
Advance or retard the parole date for purpose of release planning as provided by §2.28(e);
(iii)
Retard the parole date or commence rescission proceedings as provided by §2.34;
(iv)
Advance the parole date for superior program achievement under the provisions of §2.60.
(3)
A pre-release review pursuant to this section shall not be required if an in-person hearing has been held within nine months of the parole date.
(4)
Where:
(i)
There has been no finding of misconduct by an Institutional Disciplinary Committee nor any allegation of criminal conduct since the last hearing; and
(ii)
No other modification of the release date appears warranted, the Executive Hearing Examiner may act for the Regional Commissioner under paragraph (b)(2) of this section to approve conversion of the presumptive parole date to an effective date of parole.
(c)
Fifteen year reconsideration hearings.
A fifteen year reconsideration hearing shall be a full reassessment of the case pursuant to the procedures at §2.13.
(1)
A fifteen year reconsideration hearing shall be ordered following initial hearing in any case in which a release date is not set.
(2)
Following a fifteen year reconsideration hearing, the Commission may take any one of the actions authorized by §2.12(b).
28 C.F.R. §2.14
46 FR 39136, 7/31/1981; 47 FR 25735, 6/15/1982, as amended at 48 FR 9247, 3/4/1983; 48 FR 44525, 9/29/1983; 49 FR 34208, 8/29/1984; 55 FR 290, 1/4/1990; 60 FR 51350, 10/2/1995; 68 FR 41529, 7/14/2003
×