28 C.F.R. § 2.218

Revocation decisions

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(a) Whenever a releasee is summoned or retaken by the Commission, and the Commission finds by a preponderance of the evidence that the releasee has violated one or more conditions of supervised release, the Commission may take any of the following actions:

(1) Restore the releasee to supervision, and where appropriate:

(i) Reprimand the releasee;

(ii) Modify the releasee's conditions of release;

(iii) Refer the releasee to a residential community corrections center for all or part of the remainder of the term of supervised release; or

(2) Revoke the term of supervised release.

(b) If supervised release is revoked, the Commission shall determine whether the releasee shall be returned to prison to serve a new term of imprisonment, and the length of that term, or whether a new term of imprisonment shall be imposed but limited to time served. If the Commission imposes a new term of imprisonment that is less than the applicable maximum term of imprisonment authorized by law, the Commission shall also determine whether to impose a further term of supervised release to commence after the new term of imprisonment has been served. If the new term of imprisonment is limited to time served, any further term of supervised release shall commence upon the issuance of the Commission's order. Notwithstanding the above, if a releasee is serving another term of imprisonment of 30 days or more in connection with a conviction for a federal, state, or local crime (including a term of imprisonment resulting from a probation, parole, or supervised release revocation), a further term of supervised release imposed by the Commission under this paragraph shall not commence until that term of imprisonment has been served.

(c) A releasee whose term of supervised release is revoked by the Commission shall receive no credit for time spent on supervised release, including any time spent in confinement on other sentences (or in a halfway house as a condition of supervised release) prior to the execution of the Commission's warrant.

(d) The Commission's decision regarding the imposition of a term of imprisonment following revocation of supervised release, and any further term of supervised release, shall be made pursuant to the limitations set forth in § 2.219. Within those limitations, the appropriate length of any term of imprisonment shall be determined by reference to the guidelines at § 2.21. If the term of imprisonment authorized under § 2.219 is less than the minimum of the appropriate guideline range determined under § 2.21, the term authorized under § 2.219 shall be the guideline range.

(e) If the Commission imposes a new term of imprisonment that is equal to the maximum term of imprisonment authorized by law or, in the case of a subsequent revocation, that uses up the remainder of the maximum term of imprisonment by law, the Commission may not impose a further term of supervised release.

(f) Where deemed appropriate, the Commission may depart from the guidelines at § 2.21 (with respect to the imposition of a new term of imprisonment) in order to permit the imposition of a further term of supervised release.

(g) Decisions under this section shall be made upon the vote of one Commissioner, except that a decision to override an examiner panel recommendation shall require the concurrence of two Commissioners. The final decision following a local revocation hearing shall be issued within 86 days of the retaking of the releasee on a supervised release violation warrant. The final decision following an institutional revocation hearing shall be issued within 21 days of the hearing, excluding weekends and holidays.

[68 FR 41700, July 15, 2003, as amended at 86 FR 45862, Aug. 17, 2021]

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 2008–2025 · leading case: Smallwood v. United States Parole Comm'n, 777 F. Supp. 2d 148 (D.D.C. 2011).

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Smallwood v. United States Parole Comm'n, 777 F. Supp. 2d 148 (D.D.C. 2011). · cites it 2× “[rjevoke the term of supervised release,” 28 C.F.R. § 2.218 (a), and also may “impose[J a new term of imprisonment that is less than the applicable maximum term of imprisonment authorized by law,” 28 C.”

Taylor v. United States Parole Comm'n, 860 F. Supp. 2d 13 (D.D.C. 2012). · cites it 2× “See 28 C.F.R. § 2.218 (a). If the Parole Commission revokes supervised release, it may return the releasee to custody: If supervised release is revoked, the Commission shall determine whether the releasee shall be returned to prison to serve a new term of imprisonment, and the…”

Colts v. U.S. Parole Comm'n, 531 F. Supp. 2d 8 (D.D.C. 2008). “” 28 C.F.R. § 2.218 (a); see Allston v. Gaines, 158 F.”

Rahim v. U.S. Parole Comm'n, 77 F. Supp. 3d 140 (D.D.C. 2015). “28 C.F.R. § 2.218 (b). The Commission’s assertion of jurisdiction over Rahim — who committed his crimes in 2006 and 2007 — was, therefore, plainly proper as a statutory matter.”

Morrison v. U.S. Parole Comm'n, 68 F. Supp. 3d 92 (D.D.C. 2014). “28 C.F.R. § 2.218 (a)(2) (2014). The Commission is not required to wait for a new conviction to revoke a term of supervised release, even though Morrison had incurred a new conviction.”

McCleod v. U.S. Parole Comm'n, 74 F. Supp. 3d 154 (D.D.C. 2014). “2d at 15 -16 (citing 28 C.F.R. § 2.218 ). Such exercises of authority neither violate the separation of powers doctrine nor usurp a judicial function.”

Fludd v. Mitchell, 181 F. Supp. 3d 132 (D.D.C. 2016). “” 28 C.F.R. § 2.218 . A delay beyond the specified time periods is not a per se constitutional violation, however, for the touchstone in each inquiry is whether the lapse in time is reasonable under the circumstances.”

Petty v. Wainwright, 917 F. Supp. 2d 4 (D.D.C. 2013). “28 C.F.R. § 2.218 (a). The USPC is authorized to consider any relevant information, including facts underlying a criminal charge, in its deliberations.”

McNair v. Smoot (D.D.C. 2019). · cites it 2× “” 28 C.F.R. § 2.218 (c). 5 whom he makes his claims, and all the relief he demands.”

Reed v. Whitmer (D.D.C. 2023). · cites it 2× “If the USPC “finds by a preponderance of the evidence that the releasee has violated one or more conditions of supervised release, the [USPC] may .”

Carter v. United States Parole Comm'n (D. Conn. 2025). · cites it 2× “28 C.F.R. § 2.218 (g). Commissioner Cushwa recorded her agreement with Commissioner Massarone’s determination.”

Smallwood v. Wainwright (D.D.C. 2011). “[r]evoke the term of supervised release,” 28 C.F.R. § 2.218 (a), and also may “impose[] a new term of imprisonment that is less than the applicable maximum term of imprisonment authorized by law,” 28 C.”

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