U.S. DEPARTMENT OF JUSTICE United States Parole Commission
Office of the Chairman	5550 Friendship Boulevard Chevy Chase, Maryland 20815-7201 Telephone: (301) 492-5990 Facsimile: (301) 492-5307

U.S. PAROLE COMMISSION QUARTERLY MEETING MINUTES
CHEVY CHASE, MARYLAND
July 16, 2002

SUBMITTED: July 29, 2002

PRESIDING:		Edward F. Reilly, Jr., Chairman
PRESENT:		COMMISSIONERS: Michael J. Gaines, Commissioner John R. Simpson, Regional Commissioner STAFF: Tom Hutchison, Chief of Staff Rockne Chickinell, General Counsel Sam R. Robertson, Case Operations Administrator Patricia L. Denton, Case Services Administrator James Beck, Research Administrator Judy I. Carter, Executive Officer Jacqueline Wynn, Deputy Administrator Patricia W. Moore, Staff Assistant Jordana Randall, Secretary Georgiana Cavendish, Student Intern CITIZENS: Alan Chaset Pauline Sullivan June Tillman

 

Chairman Edward F. Reilly called the Quarterly Meeting of the United States Parole Commission (USPC) to order at 9:35 a.m., on Tuesday, July 16, 2002, in the 4^th Floor Conference Room at 5550 Friendship Boulevard, Chevy Chase, Maryland.

The roll was taken. Commissioner Michael J. Gaines, Commissioner John R. Simpson, and Chairman Edward F. Reilly were present. The Chairman announced that notice of the meeting and matters to be discussed had been posted in public places and published in the Federal Register pursuant to the Government in the Sunshine Act. The meeting was open to the public.

ITEM I.

APPROVAL OF THE MARCH 14, 2002 QUARTERLY MEETING MINUTES

The Chairman announced that the first item of business on the agenda was the approval of the March 14, 2002 Quarterly Meeting Minutes.

With the exception of the correction to the date (year: 2001 to 2002) on page 1 of the minutes, Commissioner Simpson moved for the adoption of the March 14, 2002 Quarterly Meeting Minutes. Commissioner Gaines seconded the motion, which carried unanimously.

ITEM II.

REPORTS FROM CHAIRMAN, COMMISSIONERS, EXECUTIVE SECTION, LEGAL, CASE OPERATIONS, CASE SERVICES AND RESEARCH UNITS.

Commissioner Reilly presented his report noting Attorney General Ashcroft's monthly Component Head "brown bag luncheon" meetings. The Chairman commented that these meetings are a good opportunity to interchange and share to ideas. Each month a component is selected to present a work status report to the attorney general. To date USPC has not been selected. Chairman Reilly indicated that his presentation would be on the status of the Commission. Chairman Reilly highlighted his participation at the Modernizing Criminal Justice's 6^th Biennial International Conference on Crime, Justice and Public Order held in London and hosted by the Federal Bureau of Investigations and Scotland Yard and his meetings with the Ambassador of Ireland, the newly appointed Chairman to the Irish Parole Board and other Irish criminal justice officials. A full report will be shared with staff to include the Chairman's speeches on re-entry programs. Chairman Reilly opened the floor to any questions. Commissioner Gaines questioned the legislation and asked if there was any update on the Attorney General's decision to appoint Commissioners. Chairman Reilly stated that to date there has been no action.

Commissioner Michael J. Gaines presented his report noting that it spoke for itself and opened the floor to any questions.

Commissioner John Simpson noted his report spoke for itself as well and opened the floor to questions.

Tom Hutchison, Chief of Staff, reported on his activities for the quarter, noting that the preparation of the legislation was the main focus in formulating an approach. Currently there are some issues that need to be re-visited noting that there is approximately six weeks left. Tom noted his monthly meetings with CSOSA to discuss mutual activities, revocation hearings, scheduling and training.

Hearing examiner interviews are completed and the panel is in the final stages of making a selection.

Helen Herman, Deputy Case Services Administrator, on behalf of Ms. Patricia Denton, Case Services Administrator, reported on staffing issues noting Case Services added one student to the unit this quarter. One clerk from the unit is on detail to the tax division of the Department of Justice, which ends December 2002. A case analyst is on detail to the Community Corrections division of the Bureau of Prisons (BOP). This detail also ends December 2002. Case Services still has three detail staff from BOP. Two are assigned as case analysts and one is a clerk. A request for seven new positions for the unit has been made. Three social science technicians, one parole clerk and three case analysts were requested for the fiscal year 2002. Although seven positions were requested, the case analysts and parole clerk would replace the BOP detail staff presently in the unit. The BOP 18-month details will be completed at the end of December 2002.

Workload issues increased in both federal and DC caseloads. During late October and into November 2002, the records center was closed for three weeks to test for anthrax. As a result, the analysts could not obtain files and some actions by the Commission were delayed. The analysts worked hard to become current and there are no remaining cases with delayed action. Changes in administration resulted in the unit being reviewed to determine if reconfiguration of the unit and workload reallocation would alleviate some of the backlogs. During the previous two quarters, the unit was reconfigured. The unit is now split into DC and federal post-release caseloads. There is a pre-release section that is split by regions.

During the last quarter of 2001, the procedures for issuing warrants were modified. Time limit procedures are now in place for disposition of a warrant request by an analyst. During this quarter, a new computer system, Fed Trak, was implemented to monitor a case as it follows through the system. Monitoring begins with receipt of the warrant request and ends with the revocation decision. Fed Trak allows the Commission to monitor compliance with procedural time frames and allows for monitoring by case or by analyst.

During previous quarters, the Commission modified procedures for probable cause findings. Examiners are now designated to make probable cause findings. In DC cases, examiners are conducting probable cause hearings at the DC Jail. In federal cases, the Case Services Administrator reviews cases and makes a determination as to probable cause. Preliminary interviews are no longer completed for DC cases arrested in the District, Maryland or Northern Virginia. During this quarter, the procedures were modified to return all DC parole violators arrested in Maryland and Northern Virginia to the District. After the parolee arrives at the DC Jail, a probable cause hearing is scheduled on the next docket. A letter from the Chairman was sent to the US Marshall responsible for these areas requesting these parolees be returned to the district.

Significant additional work is anticipated with the Commission receiving the supervision and revocation functions for the DC supervised released cases. Cases are now being identified that have a term of supervised release and certificates of release are being issued. Some cases have already been released to the community and the Commission is taking action to set these cases up for supervision. Warrant requests have been received in some cases.

All analysts have completed additional training presented by Peter Hoffman. Most of the analysts participated in re-certification NCIC training, preponderance of the evidence, rescission guidelines, interviewing witnesses and supervised release procedures.

Sam Robertson, Case Operations Administrator, reported on Case Operations Unit activities, highlighting significant events this quarter to include the hiring of Shelly Witenstein as an annuitant. The selection board for hearing examiners was concluded. 21 candidates were interviewed. The final selection is pending. Mr. Robertson noted that reorganization within the component continues. Mr. Witenstein has been functionally assigned to the Revocation Unit of Case Operations and has been assigned several responsibilities, to include, monitoring the Federal Local Revocation process. A final decision regarding the Commission's continuing use of annuitants is pending by the Office of Personnel Management. Additionally, Steve Husk, Deputy Case Operations Administrator for Revocation has reassigned some of the duties within the unit. A special project to process DC Appeals and Reopen requests has been implemented. It is anticipated that a second special project involving dispositional review of DC warrants (detainers) will be implemented early in the next quarter. Simultaneous with this project will be the formal implementation of the DC initial Dispositional Revocation process. The DC revocation dockets are being processed timely. Institutional dockets are being processed timely. Moreover the data regarding processing time is very favorable and continues to improve.

Mr. Robertson noted that the unit is continuing to look at the Expedited Revocation process. Some Commissioners have expressed concerns regarding this process. In this regard, a meeting between senior staff and the Commissioners to discuss the process should be scheduled in the near future. Training, both internal and external, has continued this quarter. The Commission has committed to a significant training for CSOSA for next quarter.

James L. Beck, Research Administrator, reported the quarterly activities of the Research and Technology Unit. The tracking of DC local revocation hearings continue, to ensure that all milestones are met, including the completion of the hearing with 86 days of the warrant execution date.

Five reports have been provided to the court so far showing that the Commission has successfully met the conditions required by the compliance plan. The system tracks all DC local revocation hearings beginning with warrants executed on or after November 26, 2001. An additional tracking system is now been implemented to track all other revocation hearings. The system tracks all warrant requests and their disposition starting April 22, 2002. It is now possible to track the status of all revocation proceedings starting with the request for the warrant and ending with the issuance of the Notice of Action. This will allow the Commission to track not only how long it takes to complete the process, but also the reasons for any delays, such as the failure of a witness to appear or a delay requested by the parolee's attorney. This system essentially replaces the PORT system originally intended to track much of the same information.

Mr. Beck noted that the supervised release workgroup continues to meet. The workgroup includes representatives from the Commission, CSOSA, the BOP, and NIC. Mr. Cranston Mitchell from NIC is facilitating this effort. The supervised release certificate has been finalized and has been returned from the printer. The DC Superior Court has agreed to have non-parolable DC inmates releasing to supervised release sign the general conditions at time of sentencing. This will ensure that all newly sentenced non-parolable DC offenders sentenced to supervised release are notified of the conditions of supervision. Procedures are also being developed with the BOP to have all DC offenders with supervised release already in custody sign the conditions of release and to modify the Notice of Release and Arrival form to include notice of the requirement that released offenders must report for supervision within 72 hours of release. The workgroup also toured the Rivers Correctional Facility on June 25 and met with case management staff as well as the Warden and Associate Wardens.

Mr. Beck reported on staffing issues that included the hiring of Tish Cavaleri in the Information Systems Section. In addition three new staff have been hired in the records center: Florence Scott, Sean Michael, and Sheena Watkins. The records center is now fully staffed. Georgiana Cavendish is working in the records center this summer as a student cooperative. Contract staff have completed reviewing approximately 9,000 files that appeared to be beyond their sentence expiration dates. Over 6,500 of these files have been archived, and the rest have either had the sentence computation dates corrected or the presence of a warrant or detainer has been noted.

Mr. Beck further reported on public outreach activities, which included the Chairman's newsletter that was circulated on May 6. This newsletter will be issued quarterly. On May 23, the Commission showed the video documentary "A Sentence of Their Own." Since the showing, the BOP and Our Place purchased their own copy of the video to use for training.

On July 18, representatives from the FBI will be conducting an audit of the Commission's use of NCIC to ensure that we are in compliance with their policies. This is a routine audit periodically conducted of all NCIC users. On July 19, Ann Seymour will be conducting training on victims' issues with Examiners, Analysts, and other relevant staff. Mr. Beck closed his report with his "Fact of the Month": Since regionalization in the mid 1970's, the Commission has issued 617,808 Notices of Action.

Executive Officer Judy I. Carter highlighted her report by summarizing new and pending hires, reassignments, separations, details and recruit actions for this quarter. Ms. Carter noted her participation on the interview panel for the hearing examiner position. Other activities and special projects included coordinating open season enrollment for the Thrift Savings Plan and the Federal Long Term Care Insurance Program; coordination of the KSA Training Seminar by JMD personnel and CPR training by the American Red Cross Association for Commission employees. All managers were provided with performance appraisals and the Commission's Rating Grievance Procedure for issuance to their employees. An audit of employee's time and attendance and a review of leave records were completed. An employee leave balance report was submitted to supervisors. Mrs. Carter noted that during this quarter many hours were directed toward advising, coordinating, and preparing documents relating to employee relations, human resource and pay issues.

The Executive Office reported receiving and coordinating the typing of 52 pre-hearing and 241 hearing summaries. Contract typist completed 118 summaries and 48 purchase orders were completed. The Commission currently has seven contractors. 97 travel vouchers and requests for authorization were processed during the last quarter. Construction has been initiated in Room 260 to create a combined videoconferencing room and auxiliary legal library; and in Room 420 to create a functional mail and training room. The installation of DSL lines in the homes of two hearing examiners and one IT employee has been completed and is fully operational. As of July 1, the parking management company no longer accepted USPC approval signatures for persons to park in lieu of other staff who were absent. A new procedure was announced that requires those who are intermittent parkers to get a parking permit on the days they work in the office and turn in their parking permits to the parking attendant daily. The Commission responded to 16 congressional inquiries and 5 citizen letters. In addition, we responded to an inquiry from the office of the D.C. Deputy Mayor.

During this quarter, the FY 2002 Appropriation Act provided a net appropriation of $9,876,000 in funding for the Commission. Actual obligations at the end of June 2002 were $7,241,258. Our current budget surplus projection is about $20,000. The Commission's FY 2003 budget request was finalized and sent forward to the Department for transmission to the Appropriation Committees in January. In response to the Attorney General's FY 2002 Spring Call guidance to all DOJ components, the Commission prepared a summary of the Commission's support of the Department's goal in implementing the President's Management Agenda. In addition, the Commission prepared a statement on how we would operate at 95% of our FY 2003 budget level in FY 2004.

General Counsel Rockne Chickinell reported on the caseload for the General Counsel's Office noting the receipt of 153 new lawsuits over the second quarter of 2002, an increase over the previous quarter. The Commission processed 82 NAB appeals in the second quarter and there are 29 appeals pending. The FOIA staff received 261 requests in the second quarter and has a backlog of 25 cases.

Notable Cases during the second quarter included Long v. Gaines. Mr. Chickinell updated this case noting the Solicitor General authorized an appeal of the injunction that requires the Parole Commission to make a probable cause decision within five days of a D.C. parolee's arrest on a violator warrant, to conduct a revocation hearing within 65 days of arrest on the warrant, and to issue a final decision within 86 days of arrest. Briefing of the case is set for November of this year. The Commission has completed the monthly reporting required by the court's injunction and submitted a motion to terminate active judicial oversight. The reports submitted to the court continue to demonstrate a high degree of adherence to the compliance plan approved by the court on November 21, 2001. The need for further reporting and active monitoring regarding adherence to the compliance plan will be discussed at a hearing before Judge Sullivan on July 19. It is likely the court will also review the motions noted above at that time.

Muhammad v. Mendez, 200 F.Supp.2d 466 (M.D. Pa. 2002). In this decision the U.S. District Court for the Middle District of Pennsylvania held that federal parole statutes regarding hearing procedures for U.S. Code offenders do not apply to parole hearings for D.C. Code offenders. Therefore, the Commission violated no statute in denying a prisoner prehearing disclosure of reports to be considered at his hearing and in failing to properly record the hearing on tape.

United States v. Reyes, 283 F.3d 446 (2d Cir. 2002). In this decision the Court of Appeals for the Second Circuit upheld a district court's denial of a motion to suppress evidence of marijuana plants growing in the rear of a supervised releasee's residence. The plants were discovered by a U.S. Probation Officer while he was attempting to conduct a home visit with the releasee. Analyzing recent Supreme Court case decisions, the court holds that the Fourth Amendment guarantee against unreasonable searches and seizures does not require that a federal probation officer must have probable cause, or even reasonable suspicion, of wrongdoing before conducting a home visit with the releasee. The releasee had a severely diminished expectation of privacy with respect to home visits by his probation officer since one of the supervised release conditions specifically permitted the probation officer to conduct a home visit at any time and to confiscate any contraband observed in plain view by the officer. While the result in this case can easily be deduced from Supreme Court case decisions, the opinion provides an exhaustive explanation of the responsibilities of a U.S. probation officer and provides strong support for cooperative efforts of probation officers and law enforcement officers in investigating the activities of parolees and supervised releasees.

AGENDA ITEM:

Rule Changes

A proposal that the Commission modify its rules to apply the present version of the guidelines at 28 C.F.R. §2.80 to a group of D.C. adult offenders it had previously excepted from such application, i.e., prisoners who had hearings from August 5, 1998 to December 3, 2000, and who had positive or negative points assessed for post-imprisonment conduct under the original §2.80 guidelines. Under this proposal, the Commission would retroactively apply the §2.80 guidelines at the next rehearing for such a prisoner and establish a presumptive release date, if appropriate. By adopting the proposed rule changes, the Commission would be able to set presumptive parole dates for a larger segment of D.C. offenders, eliminate the Appendix to §2.80 guidelines and simply its parole release procedures.

Mr. Chickinell recommended that with some modifications on the timing of re-hearings and the consideration of program achievement in the parole decision, the Commission retrospectively apply the §2.80 guidelines and set presumptive parole dates, if appropriate, for D.C. youth offenders previously considered for parole, and apply these guidelines at future initial hearings for youth offenders. It is also recommended that the Commission make several minor rule changes that clarify or correct guidelines and other rules for D.C. cases. The most significant of these changes is a correction to the base guideline range for offenders who have a base point score of 10. The present range of 136-172 months is based on a mathematical error and should be modified 10 156-192 months.

After discussion of the recommended rule changes, Commissioner Gaines moved to approve the rule changes with the recommended modifications and Commissioner Simpson seconded. Calling for the vote, Chairman Reilly and Commissioners Simpson and Gaines voted aye and approved the rule changes.

There being no further business, Commissioner Simpson moved the Quarterly Meeting adjourn at 10:55 a.m. Commissioner Gaines seconded the motion, which carried unanimously.

 

SUBMITTED BY:

________________________
Patricia W. Moore
Recording Secretary