C.F.R.
»
Title 28
» CHAPTER I—DEPARTMENT OF JUSTICE › PART 2—PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS › Subpart A—United States Code Prisoners and Parolees
(a) A federal prisoner (including a committed youth offender or prisoner sentenced under the Narcotic Addict Rehabilitation Act) desiring to apply for parole shall execute an application form as prescribed by the Commission. Such forms shall be available at each federal institution and shall be provided to each prisoner who is eligible for an initial parole hearing pursuant to § 2.12. Prisoners committed under the Federal Juvenile Delinquency Act shall be considered for parole without application and may not waive parole consideration. A prisoner who receives an initial hearing need not apply for subsequent hearings.
(b) A prisoner may knowingly and intelligently waive any parole consideration on a form provided for that purpose. If a prisoner waives parole consideration, he may later apply for parole and may be heard during the next visit of the Commission to the institution at which he is confined, provided that he has applied at least 60 days prior to the first day of the month in which such visit of the Commission occurs.
(c) A prisoner who declines either to apply for or waive parole consideration is deemed to have waived parole consideration.
(d) In addition to the above procedures relating to parole application, all prisoners prior to initial hearing shall be provided with an inmate background statement by the Bureau of Prisons for completion by the prisoner.
(e) At least sixty days prior to the initial hearing (and prior to any hearing conducted pursuant to § 2.14), the prisoner shall be provided with written notice of the time and place of the hearing and of his right to review the documents to be considered by the Commission, as provided by § 2.55. A prisoner may waive such notice, except that if such notice is not waived, the case shall be continued to the time of the next regularly scheduled proceeding of the Commission at the institution in which the prisoner is confined.
[42 FR 39809, Aug. 5, 1977, as amended at 45 FR 6381, Jan. 28, 1980; 47 FR 21041, May 17, 1982; 49 FR 7228, Feb. 28, 1984]
Notes of Decisions
Sam Richard Kell v. United States Parole Comm'n, 26 F.3d 1016 (10th Cir. 1994).
“reasonable access to a report or other document to be used by the Commission in making its determination”); 28 C.F.R. § 2.11 (e) (requiring sixty days advance notice of a prisoner’s right to request any documents or reports to be used in connection with the parole…”
Anderson v. Holder, 691 F. Supp. 2d 57 (D.D.C. 2010).
“See 28 C.F.R. § 2.11 (b) ("A prisoner may knowingly and intelligently waive any parole consideration on a form provided for that purpose .”
Helen D. Woodson v. Attorney Gen., 990 F.2d 1344 (D.C. Cir. 1993).
· cites it 2× “3 Woodson notes that the BOP permits prisoners eligible for parole to waive parole, 28 C.F.R. § 2.11 (b)-(c) (1992), and argues that prisoners eligible for release on good time credits should be accorded the same privilege.”
Rosati v. Haran, 459 F. Supp. 1148 (E.D.N.Y 1977).
“§ 4208 (a); 28 C.F.R. §§ 2.11 (b), 2.12(a). The PIR is among those materials that must be considered by the panel at this initial parole determination hearing.”
United States v. Howell, 103 F. Supp. 714 (S.D.W. Va 1952).
“The nature of parole may be best understood by considering a regulation of the Board of Parole, 28 CFR § 2.11 : “Granting of parole. Parole is a privilege, not a right, and its granting rests in the discretion of the Board.”
United States v. Rosenberg, 108 F. Supp. 2d 191 (S.D.N.Y. 2000).
“28 C.F.R. § 2.11 . Thereafter an initial hearing is conducted at which the Commission shall set a presumptive release date, set an effective date of parole, or, as in the case of Susan Rosenberg, continue the prisoner to a fifteen-year reconsideration hearing.”
Mutulu Shakur v. Warden Ron Wiley, 156 F. App'x 137 (11th Cir. 2005).
“See 28 C.F.R. § 2.11 . A prisoner must also serve a minimum term before becoming eligible for parole.”
Woodson v. U.S. Dep't of Just., 770 F. Supp. 25 (D.D.C. 1991).
· cites it 2× “See also 28 C.F.R. § 2.11 (b) (“A person may knowingly and intentionally waive any parole consideration on a form provided for that purpose”).”
Shakur v. United States, 44 F. Supp. 3d 466 (S.D.N.Y. 2014).
· cites it 2× “See 28 C.F.R. § 2.11 (“A federal prisoner ...”
Anderson v. Holder (D.D.C. 2010).
“See 28 C.F.R. § 2.11 (b) (“A prisoner may knowingly (continued.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.