28 C.F.R. § 2.98

Summons to appear or warrant for retaking of parolee

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(a) If a parolee is alleged to have violated the conditions of his release, and satisfactory evidence thereof is presented, the Commission or a member thereof may:

(1) Issue a summons requiring the offender to appear for a probable cause hearing or local revocation hearing; or

(2) Issue a warrant for the apprehension and return of the offender to custody.

(b) A summons or warrant under paragraph (a)(1) of this section may be issued or withdrawn only by the Commission, or a member thereof.

(c) Any summons or warrant under this section shall be issued as soon as practicable after the alleged violation is reported to the Commission, except when delay is deemed necessary. Issuance of a summons or warrant may be withheld until the frequency or seriousness of the violations, in the opinion of the Commission, requires such issuance. In the case of any parolee who is charged with a criminal offense and who is awaiting disposition of such charge, issuance of a summons or warrant may be:

(1) Temporarily withheld;

(2) Issued by the Commission and held in abeyance;

(3) Issued by the Commission and a detainer lodged with the custodial authority; or

(4) Issued for the retaking of the parolee.

(d) A summons or warrant may be issued only within the prisoner's maximum term or terms, except that in the case of a prisoner who has been mandatorily released from a sentence imposed for an offense committed before April 11, 1987, such summons or warrant may be issued only within the maximum term or terms less one hundred eighty days. A summons or warrant shall be considered issued when signed and either:

(1) Placed in the mail; or

(2) Sent by electronic transmission to the appropriate law enforcement authority.

(e) The issuance of a warrant under this section operates to bar the expiration of the parolee's sentence. Such warrant maintains the Commission's jurisdiction to retake the parolee either before or after the normal expiration date of the sentence and to reach a final decision as to the revocation of parole and the forfeiture of time pursuant to D.C. Code 24-406(c).

(f) A summons or warrant issued pursuant to this section shall be accompanied by a warrant application (or other notice) stating:

(1) The charges against the parolee;

(2) The specific reports and other documents upon which the Commission intends to rely in determining whether a violation occurred and whether to revoke parole;

(3) Notice of the Commission's intent, if the parolee is arrested within the District of Columbia, to hold a probable cause hearing within five days of the parolee's arrest;

(4) A statement of the purpose of the probable cause hearing;

(5) The days of the week on which the Commission regularly holds its dockets of probable cause hearings at the Central Detention Facility;

(6) The parolee's procedural rights in the revocation process; and

(7) The possible actions that the Commission may take.

(g) Every warrant issued by the Board of Parole of the District of Columbia prior to August 5, 2000, shall be deemed to be a valid warrant of the U.S. Parole Commission unless withdrawn by the Commission. Such warrant shall be executed as provided in § 2.99, and every offender retaken upon such warrant shall be treated for all purposes as if retaken upon a warrant issued by the Commission.

[65 FR 45888, July 26, 2000, as amended at 67 FR 2569, Jan. 18, 2002; 68 FR 41531, July 14, 2003; 74 FR 28605, June 17, 2009]

Notes of Decisions

Cited in 20 cases, 2001–2015 · leading case: Owens v. Gaines, 219 F. Supp. 2d 94 (D.D.C. 2002).

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Owens v. Gaines, 219 F. Supp. 2d 94 (D.D.C. 2002). · cites it 7× “Courts are found at 28 C.F.R. § 2.98 , and are identical to the regulations that apply to federal offenders, at 28 C.”

Long v. Gaines, 167 F. Supp. 2d 75 (D.D.C. 2001). · cites it 2× “Parole Commission Regulations At Issue The Commission enacted the following, presently challenged, regulations in order to govern the parole revocation process: • 28 C.F.R. § 2.98 (a)(2): If a parolee is alleged to have violated the conditions of his release, and satisfactory…”

Brown v. U.S. Parole Comm'n, 713 F. Supp. 2d 11 (D.D.C. 2010). · cites it 2× “If a parolee allegedly has violated conditions of his release, the USPC is authorized to “[i]ssue a warrant for the apprehension and return of the offender to custody,” 28 C.F.R. § 2.98 (a)(2), and a warrant “operates to *14 bar the expiration of the parolee’s sentence.”

Smallwood v. United States Parole Comm'n, 777 F. Supp. 2d 148 (D.D.C. 2011). “” 28 C.F.R. § 2.98 (a)(2). Among the available sanctions for a parolee’s violation of conditions of his release is his return to custody.”

Long v. Gaines, 241 F. Supp. 2d 1 (D.D.C. 2002). · cites it 2× “Code parolees arrested in the District of Columbia, currently codified at 28 C.F.R. § 2.98 et seq., into final regulations applicable to all D.”

Ramsey v. Faust, 943 F. Supp. 2d 77 (D.D.C. 2013). “See 28 C.F.R. § 2.98 (a)(2), (g); 28 D.C.M.R.”

Bethea v. United States Parole Comm'n, 751 F. Supp. 2d 83 (D.D.C. 2010). “” 28 C.F.R. § 2.98 (e). In effect, issuance of the warrant tolls the running of the sentence, see Brown v.”

Harris v. Fulwood, 989 F. Supp. 2d 64 (D.D.C. 2013). “See 28 C.F.R. § 2.98 (c) (one of four options available to the Commission when a parolee is “awaiting disposition of [a criminal] charge” is to issue a violator warrant “for the retaking of the parolee”).”

Darden v. U. S. Parole Comm'n, 61 F. Supp. 3d 68 (D.D.C. 2014). “” 28 C.F.R. § 2.98 (a)(1). The warrant “may be issued only within the [parolee’s] maximum term or terms,” and it “operates to bar the expiration of the parolee’s sentence.”

United States v. Stewart, 148 F. Supp. 3d 38 (D.D.C. 2015). “See 28 C.F.R. § 2.98 (e) (“The issuance of a warrant under this section operates to bar the expiration of the parolee’s sentence.”

Sparks v. Gaines, 144 F. Supp. 2d 9 (D.D.C. 2001). “, 28 C.F.R. § 2.98 (f) (requiring a warrant application must accompany a warrant, stating the charges against the parolee); 28 C.”

Speight v. Fulwood, 778 F. Supp. 2d 99 (D.D.C. 2011). “2010) (quoting 28 C.F.R. § 2.98 (e)); see id. (issuance of a parole violator warrant prior to expiration of petitioner’s aggregate sentence effectively tolls the running of the sentence).”

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