§ 2.12. Initial hearings: Setting presumptive release dates.
332 words·~2 min read·
/us/cfr/t28/s§ 2.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An initial hearing shall be conducted within 120 days of a prisoner's arrival at a federal institution or as soon thereafter as practicable; except that in a case of a prisoner with a minimum term of parole ineligibility of ten years or more, the initial hearing will be conducted nine months prior to the completion of such a minimum term, or as soon thereafter as practicable.
(b)Following initial hearing, the Commission shall
(1)set a presumptive release date (either by parole or by mandatory release) within fifteen years of the hearing;
(2)set an effective date of parole; or
(3)continue the prisoner to a fifteen year reconsideration hearing pursuant to § 2.14(c).
(c)Notwithstanding the above paragraph, a prisoner may not be paroled earlier than the completion of any judicially set minimum term of imprisonment or other period of parole ineligibility fixed by law.
(d)A presumptive parole date shall be contingent upon an affirmative finding by the Commission that the prisoner has a continued record of good conduct and a suitable release plan and shall be subject to the provisions of §§ 2.14 and 2.28. In the case of a prisoner sentenced under the Narcotic Addict Rehabilitation Act, 18 U.S.C. 4254, a presumptive parole date shall also be contingent upon certification by the Surgeon General pursuant to § 2.3 of these rules. Consideration of disciplinary infractions in cases with presumptive parole dates may be deferred until the commencement of the next in-person hearing or the prerelease record review required by § 2.14(b). While prisoners are encouraged to earn the restoration of forfeited or withheld good time, the Commission will consider the prisoner's overall institutional record in determining whether the conditions of a presumptive parole date have been satisfied. \[42 FR 39809, Aug. 5, 1977, as amended at 44 FR 3405, 3407, Jan. 16, 1979; 48 FR 22919, May 23, 1983; 49 FR 34208, Aug. 29, 1984; 57 FR 41391, Sept. 10, 1992; 60 FR 51350, Oct. 2, 1995\]
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- 18 USC 4254
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§ 2.12
Initial hearings: Setting presumptive release dates.
Fed. Reg.×2
C.F.R.×1
Cite18 USC 4254
Cites 1Cited by 3 across 2 sources