28 C.F.R. § 2.43

Early termination

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(a)(1) Upon its own motion or upon request of a parolee, the Commission may terminate a parolee's supervision, and legal custody over the parolee, before the sentence expires.

(2) The Commission may terminate supervision of a committed youth offender after the offender serves one year on supervision. Upon terminating supervision before the sentence expires, the Commission shall set aside the committed youth offender's conviction and issue a certificate setting aside the conviction instead of a certificate of termination.

(b) Two years after releasing a prisoner on supervision, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. The Commission shall also conduct a status review whenever the supervision officer recommends early termination of the parolee's supervision.

(c) Five years after releasing a prisoner on supervision, the Commission shall terminate supervision over the parolee unless the Commission determines, after a hearing conducted in accordance with the procedures prescribed in 18 U.S.C. 4214(a)(2), that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. If the Commission does not terminate supervision under this paragraph, the parolee may request a hearing annually thereafter, and the Commission shall conduct an early termination hearing at least every two years.

(d) In calculating the two-year and five-year periods provided in paragraphs (b) and (c) of this section, the Commission shall not include any period of parole before the most recent release, or any period served in confinement on any other sentence.

(e) A parolee may appeal an adverse decision under paragraph (c) of this section under § 2.26.

(f) [Reserved]

(g)(1) In determining whether to grant early termination from supervision, the Commission shall consider the guidelines of this paragraph. The guidelines are advisory and the Commission may disregard the outcome indicated by the guidelines based on case-specific factors. Termination of supervision is indicated if the parolee:

(i) Has a salient factor score in the very good risk category and has completed two continuous years of supervision free from an incident of new criminal behavior or serious parole violation; or

(ii) Has a salient factor score in a risk category other than very good and has completed three continuous years of supervision free from an incident of new criminal behavior or serious parole violation.

(2) As used in this paragraph (g), the term “an incident of new criminal behavior or serious parole violation” includes a new arrest or report of a parole violation if supported by substantial evidence of guilt, even if no conviction or parole revocation results. The Commission shall not terminate supervision of a parolee until it determines the disposition of a pending criminal charge.

(h) Case-specific factors that may justify a departure either above or below the early termination guidelines may relate to the current behavior of the parolee, or to the parolee's background and criminal history.

[75 FR 9519, Mar. 3, 2010, as amended by 86 FR 56646, Oct. 12, 2021]

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1979–2023 · leading case: George I. Benny v. United States Parole Comm'n, 295 F.3d 977 (9th Cir. 2002).

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George I. Benny v. United States Parole Comm'n, 295 F.3d 977 (9th Cir. 2002). “Neither § 4211(e)(1) nor its implementing regulation,, 28 C.F.R. § 2.43 (c)(1), indicates that a parolee must serve five continuous years of parole release.”

Jerry Wayne Watts v. John T. Hadden, Warden, 651 F.2d 1354 (10th Cir. 1981). “28 CFR § 2.43 (a)(1) provides that on its own motion, or at the request of the parolee, the Commission may terminate supervision “at any time after one year of continued parole.”

Dietz v. Sanders, 100 F. App'x 334 (6th Cir. 2004). “” 28 C.F.R. § 2.43 (e). Petitioner had just been convicted of new criminal behavior while on parole.”

United States v. Caron Faherty, 692 F.2d 1258 (9th Cir. 1982). · cites it 2× “) 28 C.F.R. 2.43. 35 Under C.F.R. 2.57(e) these early termination provisions purport to apply to special parole terms as well as ordinary parole terms.”

Jimmy Lee Penix v. United States Parole Comm'n, 979 F.2d 386 (5th Cir. 1992). “In support of his claim, he cited 28 C.F.R. § 2.43 (c)(1), which mirrors 18 U.”

William Phifer v. Jeffrey J. Clark, Warden, United States Penitentiary, Terre Haute, Indiana, 115 F.3d 496 (7th Cir. 1997). “28 C.F.R. § 2.43 (b). At that time the armed robbery will be considered an aggravating circumstance, adversely affecting Phifer’s chances for early termination of parole.”

Arthur Earl Robbins v. Glenn R. Thomas, Parole Agent, & United States Bd. of Parole, 592 F.2d 546 (9th Cir. 1979). “See 28 C.F.R. § 2.43 (c) (1978). Application of 28 C.”

James J. Valona v. United States Parole Comm'n, 235 F.3d 1046 (7th Cir. 2000). “The parole officer replied that this could not be done while the balance of Valona’s criminal fine, some $23,000, remained unpaid.”

Montana Horner v. United States Parole Comm'n, 870 F.2d 1489 (9th Cir. 1989). · cites it 2× “The Parole Commission improperly denied him early termination of his parole in violation of 28 C.F.R. § 2.43 (e), after he had completed three years without any adverse report concerning his behavior.”

Ward v. United States Parole Comm'n, 233 F. App'x 360 (5th Cir. 2007). “If a parolee is granted early termination of regular parole pursuant to 28 C.F.R. § 2.43 , “the Special Parole Term commences to run at that point in time.”

Trader v. United States Parole Comm'n (E.D. Pa. 2020). · cites it 3× “Wilkinson to argue in his response to the government that when a parolee is released to state detainer, this is the same as “supervised release” in 28 C.F.R. § 2.43 (c) and therefore, he was owed a hearing five years after his detainer in July 2013.”

Hawkins v. United States (S.D. Ill. 2019). “§ 4211 and 28 C.F.R. § 2.43 , a parole term may be terminated early by the Parole Commission.”

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