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

28 C.F.R. § 2.55

Disclosure of file prior to parole hearing

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(a) Processing disclosure requests. 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.

(1) The Commission's file consists mainly of documents provided by the Bureau of Prisons. Therefore, disclosure of documents used by the Commission can normally be accomplished by disclosure of documents in a prisoner's institutional file. Requests for disclosure of a prisoner's institutional file will be handled under the Bureau of Prison's disclosure regulations. The Bureau of Prisons has 15 days from date of receipt of a disclosure request to respond to that request.

(2) A prisoner may also request disclosure of documents used by the Commission which are contained in the Commission's regional office file but not in the prisoner's institutional file.

(3) Upon the prisoner's request, a representative shall be given access to the presentence investigation report reasonably in advance of the initial hearing, interim hearing, and a 15-year reconsideration hearing, pursuant and subject to the regulations of the U.S. Bureau of Prisons. Disclosure shall not be permitted with respect to confidential material withheld by the sentencing court under Rule 32(c)(3)(A), F.R.Crim.P.

(b) Scope of disclosure. The scope of disclosure under this section is limited to reports and other documents to be used by the Commission in making its determination. At statutory interim hearings conducted pursuant to 28 CFR 2.14 the Commission only considers information concerning significant developments or changes in the prisoner's status since the initial hearing or a prior interim hearing. Therefore, prehearing disclosure for interim hearings will be limited to such information.

(c) Exemption to disclosure (18 U.S.C. 4208(c)). A document may be withheld from disclosure to the extent it contains:

(1) Diagnostic opinions which, if known to the prisoner, could lead to a serious disruption of his institutional program;

(2) Material which would reveal a source of information obtained upon a promise of confidentiality; or

(3) Any other information which, if disclosed, might result in harm, physical or otherwise to any person.

(d) Summarizing nondisclosable documents. If any document or portion of a document is found by the Commission, the Bureau of Prisons or the originating agency to fall within an exemption to disclosure, the agency shall:

(1) Identify the material to be withheld; and

(2) State the exemption to disclosure under paragraph (c) of this section; and

(3) Provide the prisoner with a summary of the basic content of the material withheld with as much specificity as possible without revealing the nondisclosable information.

(e) Waiver of disclosure. When a timely request has been made for disclosure, if any document or summary of a document relevant to the parole determination has not been disclosed 30 days prior to the hearing, the prisoner shall be offered the opportunity to waive disclosure of such document without prejudice to his right to later review the document or a summary of the document. The examiner panel may disclose the document and proceed with the hearing so long as the prisoner waives his right to advance disclosure. If the prisoner chooses not to waive prehearing disclosure, the examiner panel shall continue the hearing to the next docket to permit disclosure. A continuance for disclosure should not be extended beyond the next hearing docket.

(f) Late received documents. If a document containing new and significant adverse information is received after a parole hearing but before all review and appellate procedures have been concluded, the prisoner shall be given a rehearing on the next docket. A copy of the document shall be forwarded to the institution for inclusion in the prisoner's institutional file. The Commission shall notify the prisoner of the new hearing and his right to request disclosure of the document pursuant to this section. If a late received document provides favorable information, merely restates already available information or provides insignificant information, the case will not be reopened for disclosure.

(g) Reopened cases. Whenever a case is reopened for a new hearing and there is a document the Commission intends to use in making its determination, a copy of the document shall be forwarded for inclusion in the prisoner's institutional file and the prisoner shall be informed of his right to request disclosure of the document pursuant to this section.

[50 FR 40374, Oct. 3, 1985]
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1976–2024 · leading case: United States of Am. Ex Rel. James Schiano 12699-054 v. Dennis Luther, Warden Fci McKean James Schiano, 954 F.2d 910 (3rd Cir. 1992).
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United States of Am. Ex Rel. James Schiano 12699-054 v. Dennis Luther, Warden Fci McKean James Schiano, 954 F.2d 910 (3rd Cir. 1992). · cites it 12× “§ 4208 (b)(2) and 28 C.F.R. § 2.55 by failing to disclose to Schiano the file of a coconspirator, Thomas Paskas, which the Commission had reviewed in making its decision.”
United States Dep't of Just. v. Julian, 486 U.S. 1 (1988). · cites it 2× “" § 4208(c)(3); see also 28 CFR § 2.55 (c) (1987). [4] The Parole Act does not contain, however, any express requirement that the inmate return all or any copies of the documents to which he is given "reasonable access.”
Birchel L. Carson v. U. S. Dep't of Just., 631 F.2d 1008 (D.C. Cir. 1980). · cites it 2× “See also 28 C.F.R. § 2.55 (d) (1979) (Parole Commission regulations concerning summaries).”
Bruscino v. True, 708 F. App'x 930 (10th Cir. 2017). · cites it 2× “1, 1987); 3 28 C.F.R. § 2.55 (a), (e). 4 Finally, the examiner’s determination that Bruseino’s refusal to participate in the hearing amounted to a waiver was not arbitrary and capricious.”
In Re the Pers. Restraint of Sinka, 599 P.2d 1275 (Wash. 1979). · cites it 2× “To this end, we recommend the federal parole hearing procedure in 28 C.F.R. § 2.55 (1978) for disclosure of records.”
Erasmo Gambino v. E.W. Morris (Warden-Fci Fairton) United States Parole Comm'r, 134 F.3d 156 (3rd Cir. 1998). “§ 4208 (b)(2) or 28 C.F.R. § 2.55 (Commission’s obligation to disclose inculpatory information prior to a parole hearing), not of § 2.”
William Grant Goble v. Robert Matthews Warden, Fci, Lexington, Ky. & U.S. Parole Comm'n, 814 F.2d 1104 (6th Cir. 1987). · cites it 3× “In apparent response to this contention, the regional office of the Parole Commission notified petitioner on July 29, 1985, that his case had been reopened and that pursuant to 28 C.F.R. § 2.55 a special reconsideration hearing would be held “[t]o consider information concerning…”
Anthony Liberatore v. Bill R. Story, Warden, 854 F.2d 830 (6th Cir. 1988). · cites it 3× “Title 28 C.F.R. § 2.55 (f) pertains to the receipt of “late received documents”: Late received documents.”
Sam Richard Kell v. United States Parole Comm'n, 26 F.3d 1016 (10th Cir. 1994). “§ 4208 (b) (requiring thirty days advance notice) and 28 C.F.R. § 2.55 (a) (requiring sixty days advance notice).”
George T. Phillips v. Edward J. Brennan, Bureau of Prisons & United States Parole Comm'n, 969 F.2d 384 (7th Cir. 1992). · cites it 4× “§ 4208 (b) and (c) and in 28 C.F.R. § 2.55 (a)_ Nothing in the statutes or regulations indicates that petitioner’s due process rights should be expanded beyond these standards to include prehear-ing notification and disclosure of a victim’s oral testimony.”
Yorie Von Kahl v. M. Segal, 19 F.4th 987 (7th Cir. 2021). “The statute says that a life term is treated the same as a 45-year term, so anyone sentenced to life is presumptively released after 30 years.”
Gary Robert Williams v. United States Parole Comm'n, 707 F.2d 1060 (9th Cir. 1983). “See 28 C.F.R. § 2.55 (f) (1982); Ready v. United States Parole Commission, 483 F.”
Show all 26 citing cases →
— 28 C.F.R. § 2.55(a) — 2 cases
United States of Am. Ex Rel. James Schiano 12699-054 v. Dennis Luther, Warden Fci McKean James Schiano, 954 F.2d 910 (3rd Cir. 1992). “§ 4208 (b)(2) and 28 C.F.R. § 2.55 by failing to disclose to Schiano the file of a coconspirator, Thomas Paskas, which the Commission had reviewed in making its decision.”
Thompson v. Davis (D.N.J. 2020).
— 28 C.F.R. § 2.55(e) — 1 case
Thompson v. Davis (D.N.J. 2020).
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