(a) The Drug Abuse Prevention and Control Act, 21 U.S.C. sections 801 to 966, provides that, on conviction of certain offenses, mandatory “special parole terms” must be imposed by the court as part of the sentence. This term is an additional period of supervision which commences upon completion of any period on parole or mandatory release supervision from the regular sentence; or if the prisoner is released without supervision, commences upon such release.
(b) At the time of release under the regular sentence, whether under full term expiration or under a mandatory release certificate or a parole certificate, a separate Special Parole Term certificate will be issued to the prisoner by the Bureau of Prisons.
(c) Should a parolee be found to have violated conditions of release during supervision under his regular sentence, i.e., before commencement of the Special Parole Term, he may be returned as a violator under his regular sentence; the Special Parole Term will follow unaffected, as in paragraph (a) of this section. Should a parolee violate conditions of release during the Special Parole Term he will be subject to revocation on the Special Parole Term as provided in § 2.52, and subject to reparole or mandatory release under the Special Parole Term. Notwithstanding the provisions of § 2.52(c), a special parole term violator whose parole is revoked shall receive no credit for time spent on parole pursuant to 21 U.S.C. 841(c).
(d) If a prisoner is reparoled under the revoked Special Parole Term a certificate of parole to Special Parole Term is issued by the Commission. If the prisoner is mandatorily released under the revoked “special parole term” a certificate of mandatory release to Special Parole Term will be issued by the Bureau of Prisons.
(e) If regular parole or mandatory release supervision is terminated under § 2.43, the Special Parole Term commences to run at that point in time. Early termination from supervision from a Special Parole Term may occur as in the case of a regular parole term, except that the time periods considered shall commence from the beginning of the Special Parole Term.
[42 FR 39809, Aug. 5, 1977, as amended at 44 FR 3410, Jan. 16, 1979. Redesignated at 44 FR 26551, May 4, 1979, as amended at 54 FR 11689, Mar. 21, 1989]
Notes of Decisions
Johnson v. United States, 529 U.S. 694 (2000).
· cites it 3× “See 28 CFR § 2.57 (c) (1999). Some courts have recently decided that this regulation is inconsistent with 21 U.”
Moody v. Daggett, 429 U.S. 78 (1976).
· cites it 2× “[4] The Commission's newly promulgated rule, 28 CFR § 2.57 (1976), validates any order of the Board entered prior to May 14, 1976 (the Act's effective date).”
Joel Munguia v. U.S. Parole Comm'n, Tom Kindt, 871 F.2d 517 (5th Cir. 1989).
· cites it 3× “Thus, section 4210 is not perforce the only statute that governs the Parole Commission’s authority over parole terms; nor do the terms of section 4210 empower the Parole Commission to ignore section 841(c) and treat persons serving special parole terms like all other parolees,…”
Jose Matamoros v. Greg Grams, 706 F.3d 783 (7th Cir. 2013).
· cites it 2× “1996); see 28 C.F.R. § 2.57 . Courts have described special parole as being entirely different from and in addition to ordinary parole, as it follows the completion of ordinary parole and subjects the defendant to reincarceration during the entire special parole term if its…”
George Escamilla v. Warden, Fci El Reno, 2 F.3d 344 (10th Cir. 1993).
· cites it 5× “§ 4203 (a)(1) empowers the Parole Commission to promulgate rules and regulations like 28 C.F.R. §§ 2.57 and 2.52, which delineate procedures to monitor and revoke parole.”
United States Parole Comm'n v. Christopher Rufus Williams, 54 F.3d 820 (D.C. Cir. 1995).
· cites it 2× “Hence, 28 C.F.R. § 2.57 (c) provides, in part: Should a parolee violate conditions of release during the Special Parole Term he will be subject to revocation on the Special Parole Term as provided in § 2.”
Manuel Cortinas v. United States Parole Comm'n, Sw. Region, 938 F.2d 43 (5th Cir. 1991).
· cites it 2× “In support of this claim, he asserts that the rule relied upon to effect the forfeiture of his street time, 28 C.F.R. § 2.57 , was revised to his detriment in 1977, several months after his original conviction.”
Ronald Rich v. Stephen Maranville, 369 F.3d 83 (2d Cir. 2004).
· cites it 2× “Pursuant to Commission regulations then in effect, see 28 C.F.R. § 2.57 (c) (1997), Rich was to resume special parole upon release.”
James W. McQuerry v. United States Parole Comm'n, 961 F.2d 842 (9th Cir. 1992).
· cites it 2× “First, the Commission did not “apply” Munguia ; it reopened pursuant to a post^-Munguia regulation, 28 C.F.R. § 2.57 (c), and modified its prior orders to comply with § 841(c).”
Ramsey v. United States Parole Comm'n, 840 F.3d 853 (D.C. Cir. 2016).
“28 C.F.R. § 2.57 (a) (describing special parole as “an additional period of supervision which commences upon completion of any period on parole or mandatory release supervision from the regular sentence”); see United States v.”
— 28 C.F.R. § 2.57(a) — 1 case
— 28 C.F.R. § 2.57(c) — 3 cases
— 28 C.F.R. § 2.57(e) — 1 case
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