USPC NEWS United States Parole Commission 5550 Friendship Boulevard Chevy Chase, MD 20815 September 25, 2004

Edward F. Reilly

Question: Do the procedures that apply to DC offenders revoked in the District of Columbia also apply to DC offenders supervised and revoked in a district outside the District of Columbia? Do Federal Probation Officers who supervise these DC offenders understand DC procedures?

Answer: For the most part, the same procedures apply to DC offenders revoked in the District of Columbia as are applied elsewhere in the country. One difference is that offenders revoked in the District of Columbia receive a probable cause hearing conducted by a Hearing Examiner within five days of the execution of the warrant. The Hearing Examiner makes the decision on probable cause at the conclusion of the hearing. DC offenders arrested on a Commission warrant outside the District of Columbia metropolitan area receive a preliminary interview (unless convicted of a new crime) conducted by a Federal Probation Officer and a probable cause determination is made by the Commission once the report from the preliminary interview is received.

Federal Probation Officers understand DC procedures and are able to adequately supervise DC offenders. The same conditions of supervision apply to DC and federal offenders and the expectations of the Commission are the same for both groups.

Question: Does the Commission consider every factor before release?

Answer: The Commission considers all factors relevant to the parole determination. As has been noted previously, the decision to parole is based, in part, on a determination of the probability that a parole applicant will remain at liberty without violating the law. This determination is based on the salient factor score used to predict recidivism in conjunction with the level of violence shown by the nature and circumstances of the current offense and prior convictions. These are the best predictors of future recidivism, including the probability of future violence. In order to protect the public and responsibly carry out the statutory mission of the Commission, it is necessary for the Commission to use the best information at its disposal, which includes the extensiveness of the prior record and the history of violence in the current and past offenses. However, credit is given for superior program achievement during the time spent in custody prior to the hearing. If superior program achievement is found, the award for superior program achievement is one-third the number of months during which the parole applicant demonstrated superior program achievement. For example, if an inmate demonstrated 24 months of superior program achievement, eight months is subtracted from both the minimum and the maximum of the guideline range.

Question: Can the conditions of supervision be changed once the offender is released to supervision?

Answer: At any time while the offender is on supervision, the Commission can add, modify, or remove a special condition of supervision.

Question: What is the Commission's position on the general condition prohibiting a parolee or supervised releasee from associating with persons having a criminal record? Are there exceptions to this condition?

Answer: The prohibition from associating with persons having a criminal record has been part of the general conditions imposed by the Commission for many decades. While it is rare that the Commission revokes supervision solely on the basis of association, this condition is a valuable and important tool for the Commission in promoting public safety. A typical use of the condition, particularly for federal offenders, has been to prohibit parolees from participating in motorcycle gangs that are intent on criminal activity and whose members have criminal records.

It is important to keep in mind that association does not include incidental or unknowing contact with individuals with criminal records. Taking public transportation, even though individuals with criminal records might share a bus, is not association. Likewise, attending church service knowing that a choir member has a criminal record, or a brief greeting to that person after the church service, is not association. Normally, association is contact over an extended period or contact to carry out an activity, such as a business transaction.

Exceptions at the discretion of the supervision officer can be made for family members; participation in program activities, such as AA or NA; or on the work site. For example, working for a large construction firm may make it inevitable that a parolee will be working with other offenders from time to time. Neither the Commission nor CSOSA has any interest in creating unnecessary impediments to employment. Contact that occurs in an extended setting, such as a large construction site, may be allowed.

Question: Can the imposition of a condition of supervision be appealed?

Answer: DC offenders do not have the right to appeal a condition of supervision. However, before the Commission orders a change of a condition, the releasee must be notified of the proposed modification or addition and, unless waived by the releasee, has ten days from the receipt of the notification to comment on the proposed modification or addition. Following the ten-day period, the Commission has twenty-one days to determine whether to order the modification or addition to the conditions of release.

The ten-day notice requirement before ordering a change of condition does not apply if the change of condition results from a revocation hearing, if a determination is made by the Commission that the modification or addition to the conditions is necessary to prevent harm to the releasee or to the public, or if the releasee requests the change.

Question: Are inmates required to serve one-third of the sentence prior to parole? Why not one-fourth of the sentence or less?

Answer: The minimum term is determined by the sentencing judge in accordance with applicable statutes. For DC Code violators, that date may be set at one third of the sentence or it may be less. No inmate can be paroled by the Commission prior to the parole eligibility date. Once an inmate has applied for parole, parole will be determined in accordance with the guidelines set forth in the United States Parole Commission Rules and Procedures Manual which can be found on the Commission's website (www.USDOJ.GOV/USPC).

Question: Are some DC inmates required to serve their entire sentence?

Answer: Offenders who commit their crimes on or after August 5, 2000 and are sentenced in District of Columbia Superior Court are not eligible for parole. These offenders are required to serve their entire sentence less any good time that is earned.

Question: How much weight is given to the recommendation of the examiner?

Answer: In the vast majority of cases, the recommendation of the examiner conducting the hearing is the final decision rendered by the Commissioners. The first examiner conducts an in-person hearing to give the parole applicant every opportunity to point out any deficiencies in the factual record and to present any facts in mitigation of the offense or concerning personal history. The second examiner reviews the case after the hearing to ensure that all relevant information is known, that the parole guidelines are calculated correctly, and that the recommendation reflects Commission policy. Most of the time, the second examiner agrees with the recommendation of the first examiner. In the cases where there is a disagreement on the recommendation (16% of the cases in fiscal year 2003), the disagreement may be due to new information, a difference of opinion over an interpretation of the facts, a difference of judgment as to the proper recommendation, or other factors. It should be kept in mind that the examiner panel only makes a recommendation and that the final decision rests solely with the Parole Commissioners. However, it has been relatively rare that the Commissioners choose to depart from the panel recommendations.

Question: Are there any internal checks governing the exercise of discretion by the Parole Commissioners?

Answer: All Parole Commissioners follow the Judicial Code of Ethics. In addition, the discretion of the Commissioners is structured by the parole guidelines published by the Commission in the United States Parole Commission Rules and Procedures Manual. The Commissioners are free to depart from the guidelines provided that they state with specificity the reasons for the departures.

Question: Can parole supervision be terminated?

Answer: District of Columbia law does not give the Commission the authority to terminate supervision and the offender's sentence before the full-term expiration date. The Commission, however, may release a parolee from active supervision before this date.