28 C.F.R. § 2.12

Initial hearings: Setting presumptive release dates

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(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]

Notes of Decisions

Cited in 64 cases (3 in the last 5 years), 1973–2024 · leading case: Eugene T. King, Jr. v. John R. Simpson, E. Reg'l Comm'r, United States Parole Comm'n, 189 F.3d 284 (2d Cir. 1999).

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Eugene T. King, Jr. v. John R. Simpson, E. Reg'l Comm'r, United States Parole Comm'n, 189 F.3d 284 (2d Cir. 1999). · cites it 2× “The Eighth Circuit in Anton held that a parole commissioner’s decision to delay a prisoner’s presumptive parole date was adjudicative, but there was no question that the relevant regulation, 28 C.F.R. § 2.12 (d), permitted this action.”

Dufur v. U.S. Parole Comm'n, 314 F. Supp. 3d 10 (D.C. Cir. 2018). “" 28 C.F.R. § 2.12 . "The purpose of [the] interim hearing[s]" required by 18 U.”

Victor Bono v. Michael Benov, Warden, United States Parole Comm'n, 197 F.3d 409 (9th Cir. 1999). · cites it 2× “” 28 C.F.R. § 2.12 (c)(2) (1978). A presumptive release date, or presumptive parole date, is not conclusive because "the Commission is not obliged under all circumstances to release an inmate on the date it initially sets.”

Robert J. Scarpa v. U. S. Bd. of Parole, Walter Dunbar, Chairman, 477 F.2d 278 (5th Cir. 1973). · cites it 2× “2d 331 (1966) 6 See 28 C.F.R. 2.12 et seq 7 While Scarpa's appeal was pending, he received a second hearing before the Board in June, 1971.”

Gometz v. United States Parole Comm'n, 294 F.3d 1256 (10th Cir. 2002). · cites it 2× “Following the hearing the Commission will either (1) set an effective date of parole; (2) set a “presumptive release date,” which is contingent on favorable findings at subsequent hearings; or (3) postpone a decision on the prisoner’s parole date until another hearing in 15…”

John W. Young v. United States Parole Comm'n, John W. Allman, Superintendent, Etc., 682 F.2d 1105 (5th Cir. 1982). · cites it 2× “28 C.F.R. § 2.12 . Since § 4208(a) allows initial hearings to be held not later than thirty days before parole eligibility, it permits the Commission to hold an initial hearing at an earlier date.”

Dennis Deters v. United States Parole Comm'n, 85 F.3d 655 (D.C. Cir. 1996). “28 C.F.R. § 2.12 (a). In anticipation of Deters’s initial hearing the Commission prepared a “preliminary assessment worksheet” for him.”

Douglas Glynn Payton, Adm'r of the Est. of Sheryl Lynn Payton, Deceased v. The United States of Am., 679 F.2d 475 (5th Cir. 1982). “28 C.F.R. § 2.12 (1980). Under circumstances set out in 28 C.”

United States of Am. Ex Rel. Lawrence Forman v. Cecil McCall Chairman, United States Parole Comm'n, United States Parole Comm'n, 709 F.2d 852 (3rd Cir. 1983). “Accord 28 C.F.R. § 2.12 (d) (1982) (“presumptive parole date shall be contingent upon an affirmative finding by the Commission that the prisoner has a continued record of good conduct”).”

Edward Ford, Jr. v. Charles Massarone, 902 F.3d 309 (D.C. Cir. 2018). “28 C.F.R. § 2.12 . So what happens when an offender is serving both D.”

Bruscino v. True, 708 F. App'x 930 (10th Cir. 2017). “55 (a) provides: "At least 60 days prior to a hearing scheduled pursuant to 28 CFR 2.12 or 2.14 each prisoner shall be given notice of his right to request disclosure of the reports and other documents to be used by the Commission in making its determination.”

Bobby Ray Jones v. U.S. Bureau of Prisons, C.A. Turner, Warden, McFp U.S. Parole Comm'n, 903 F.2d 1178 (8th Cir. 1990). “Jones argues that the Commission abused its discretion by failing to provide Jones an initial parole hearing as required by 28 C.F.R. § 2.12 (a). Section 2.12(a) provides: An initial [parole] hearing shall be conducted within 120 days of a prisoner’s arrival at a Federal…”

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— 28 C.F.R. § 2.12(a) — 2 cases

Six v. U. S. Parole Comm'n, 502 F. Supp. 446 (E.D. Mich. 1980).

Smith v. United States Parole Comm'n, 814 F. Supp. 246 (D. Conn. 1993).

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