28 C.F.R. § 2.41

Travel approval

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(a) The probation officer may approve travel outside the district without approval of the Commission in the following situations:

(1) Vacation trips not to exceed thirty days.

(2) Trips, not to exceed thirty days, to investigate reasonably certain employment possibilities.

(3) Recurring travel across a district boundary, not to exceed fifty miles outside the district, for purpose of employment, shopping, or recreation.

(b) Specific advance approval by the Commission is required for all foreign travel, employment requiring recurring travel more than fifty miles outside the district (except employment at offshore locations), and vacation travel outside the district exceeding thirty days. A request for such permission shall be in writing and must demonstrate a substantial need for such travel.

(c) A special condition imposed by the Regional Commissioner prohibiting certain travel shall supersede any general rules relating to travel as set forth above.

[42 FR 39809, Aug. 5, 1977, as amended at 44 FR 3408, Jan. 16, 1979; 48 FR 9247, Mar. 4, 1983; 57 FR 59916, Dec. 17, 1992]

Notes of Decisions

Cited in 5 cases, 1969–1985 · leading case: Rizzo v. Terenzi, 619 F. Supp. 1186 (E.D.N.Y 1985).

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Rizzo v. Terenzi, 619 F. Supp. 1186 (E.D.N.Y 1985). “See 28 C.F.R. § 2.41 (a) (1985) (“The probation officer may approve travel outside the district.”

United States of Am. Ex Rel. Stanley Halprin v. Warden J. J. Parker, 418 F.2d 313 (3rd Cir. 1969). “28 CFR § 2.41 authorizes representation by counsel of prisoner’s choice and the presentation of witnesses: “Each alleged parole or mandatory release violator shall be advised that he may be represented by counsel and that voluntary witnesses who have information relevant and…”

Roy Alton Lane v. Attorney Gen. of the United States, 477 F.2d 847 (5th Cir. 1973). “” Here, the federal government unquestionably allows the appearance of retained counsel, 28 C.F.R. § 2.41 . The question now before us is whether the federal government may constitutionally deny the assistance of counsel to those unable to pay attorney’s fees.”

Merling v. Carlson, 513 F. Supp. 276 (D.D.C. 1981). “” Yet under 28 C.F.R. § 2.41 (b) (1980) it is possible for a parolee to obtain approval for “travel outside the contiguous forty-eight states” where he has demonstrated “a substantial need for such travel.”

Gaines v. United States Bd. of Parole, 332 F. Supp. 1119 (S.D.N.Y. 1971). “28 C. F.R. § 2.41. The Board may not block the exercise of the right thus provided.”

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