be necessary in the preparation of the application is afforded by the parole officer. He is also responsible for the preparation of dockets which bear the name of all persons who are eligible at a given date. It is also the duty of such parole officers to aid paroled prisoners in securing employment.** (Sec. 7, 36 Stat. 820, sec. 1, 46 Stat. 272; 18 U.S.C. 720) [Sec. 13] 2.10 Question to be considered by Board. The question to be considered by the Board is whether or not there is a reasonable probability that the applicant for parole will refrain from violation of law and whether or not his release would be compatible with the welfare of society.*† (Sec. 3, 36 Stat. 819, sec. 1, 46 Stat. 272, 46 Stat. 1469; 18 U.S.C. 716) [Sec. 14] 2.11 Granting of parole. Parole is a privilege, not a right, and its granting rests in the discretion of the Board. Parole therefore is granted only when in the judgment of the Board a prisoner is competent and anxious to readjust himself socially and when the factors which will affect him and his family at his release guarantee adequate public security. These factors vary in every case. The Board evaluates the factors involved in each case and acts as its judgment indicates to grant or to deny release on parole.** [Sec. 15] 2.12 Reports considered. The prisoner's application is considered in connection with the case summary and all reports assembled by all the services which have been active in the development of the case. These include the report by the prosecuting office, report from the Federal Bureau of Investigation, including fingerprint history, a report from the court, a report from each prison in which the applicant was confined, a report from the institution's medical officer, educational director, psychologist, psychiatrist, superintendent of industries, parole officer, and all correspondence, all records of social agency contacts, and such other records as are necessary for the complete presentation of the case.** [Sec. 16] 2.13 Hearings at institutions. In order to provide prompt hearings of all applicants and the disposition of all current matters with respect to violators, individual members of the Board visit each Federal institution regularly, hold hearings, assemble the facts and prepare recommendations on cases in keeping with the established policies of the Board. These recommendations are then submitted to the Board for final action which is taken in Washington.*t [Sec. 17] 2.14 Same; procedure. Such hearings are restricted. Prisoners must appear in person and may not be represented by counsel or by any other person. No interviews will be granted to a prisoner unless his application is regularly docketed for hearing. These meetings are closed to the public. The records thereof are confidential records and are not open to the prisoner or any other person, but the Board reserves the right to make public the name of any or all persons favoring parole if the application is granted.*† [Sec. 18] 2.15 Same; results. At these hearings at the institutions, the prisoner meets with the Board member or members and his statements and answers to questions are considered in the light of the entire record in terms of the policies of the Board. The member **For statutory and source citations, see note to § 2.1. Page 11 hearing the case makes his recommendations and the dockets are then submitted to the members in Washington, together with the record, and after consideration the actions recommended are confirmed, modified or changed.** [Sec. 19] 2.16 Additional information. The Board welcomes information of a material character which may be of assistance in arriving at a just determination. All material of this character should be submitted in writing. However, attorneys, or others, who wish to present oral or written briefs or letters of any nature pertinent to the case may do so by appointment at the Board's headquarters in Washington. It will be necessary for any person before appearing to disclose his interest in the case. No oral arguments will be allowed until the prisoner has been heard at the institution and where an oral presentation has been permitted, no subsequent interview will be allowed except by special order of the Board.** [Sec. 20] 2.17 Terms and conditions of parole. The Board of Parole may, in its discretion, authorize the release of the applicant on parole and he may be then allowed to go on parole outside of prison, and, in the discretion of the Board, to return to his home upon such terms and conditions, including personal reports from such paroled person, as the Board may prescribe, and to remain, while on parole, in the legal custody and under the control of the warden of the prison from whence paroled, and until the expiration of the term or terms specified in his sentence and the Board shall, in every parole, fix the limits of the residence of the person paroled, which limits may thereafter be changed in the discretion of the Board.* (Sec. 3, 36 Stat. 819, sec. 1, 46 Stat. 272, 46 Stat. 1469; 18 U.S.C. 716) [Sec. 21] 2.18 Review of case. After a case has been acted upon by the Board, and a definite determination had thereon, the Board will not again review the case except after material information, not previously considered, is presented to the Board.** [Sec. 22] 2.19 Effective date. The date set for parole release by the Board is termed the effective date.** [Sec. 23] 2.20 Release. When an effective date has been set, release on that date is conditioned upon the maintenance of good prison conduct, and the completion of a satisfactory plan for supervision.** [Sec. 24] 2.21 Discretionary power of Board. The Board may reconsider any case on its own motion, it may advance, postpone, or deny a parole which has been granted; and it may add to or modify the conditions of parole at any time.** [Sec. 25] 2.22 Revocation of parole because of concealed information. All grants of parole are predicated on the good faith and frankness of the prisoner. If, after release on parole has been granted, evidence is offered which shows that substantial information, given by the prisoner to the Board either before or after release, was incomplete or wilfully concealed, the Board may revoke the parole granted.** [Sec. 26] 2.23 Persons sentenced after June 29, 1932. Any person sentenced after June 29, 1932, who is paroled under the authority of the parole laws, will continue on parole until the expiration of the Page 12 *For statutory and source citations, see note to § 2.1. maximum term or terms specified in his sentence without deductions of any allowance for good time. Any such prisoner who has not been granted parole but who has served his sentence less deductions allowed for good conduct, will be released under parole supervision to continue until the expiration of his maximum term. However, such parole supervision will not operate to prevent delivery of a prisoner to the authorities of any State otherwise entitled to his custody.** (Sec. 4, 47 Stat. 381; 18 U.S.C. 716b) [Sec. 27] 2.24 Extension of parole supervision because of unpaid fine. If a sentence includes a fine for which the defendant is to stand committed until paid and such fine remains unpaid at the date of his parole, parole supervision extends until the parolee has served at least 30 days under the supervision solely for nonpayment of the fine and until he is discharged therefrom by the acceptance of a pauper's oath by a United States Commission or the payment of the fine.* [Sec. 28] 2.25 Same; revocation of parole. If the parolee wilfully evades the fine, a violator warrant may issue to effect the retaking of the parolee and his further confinement until the fine is paid or a pauper's oath is accepted by a United States Commissioner.*+ [Sec. 29] 2.26 Conditions prerequisite to release on parole. In general, the following items need to be favorable before a prisoner may be released on parole, after parole has been granted: (a) A local adviser is necessary in each case. Such an adviser must be a responsible citizen of the community in which the parolee will reside. He may not be a relative of the prisoner within the second degree of blood relationship. The above facts must be certified to by a local, county, State or Federal official, unless such adviser is recommended by an accredited social service agency or by the United States probation officer. Except in special cases, a parole adviser cannot act for more than one parolee at the same time. (b) Satisfactory evidence must have been furnished to the Board that the parolee will be legitimately employed at release. When, for any reason, it appears to the Board that the parolee is unfitted for employment, or that the public interest demands that such employment shall be waived, this requirement may be suspended in such particular case. (c) In all cases assurance must be given that necessary after-care will be available to parolees who are ill or who have any other demonstrable problems in which special care is necessary, such as may be provided through hospitalization facilities or domiciliary or medical care. (d) In view of the customary requirements of communities for eligibility for public or private relief, parolees will be released only to the place of their legal residence, unless cause is shown to satisfy the Board that another place of residence will serve the public interest more effectively and will improve the probabilities of the parolee's social readjustment. When legal residence cannot be discovered and established, and when suitable residence cannot be established as above, the release must occur to the place of conviction. **For statutory and source citations, see note to § 2.1. Page 13 (e) Insofar as it is practicable, the details of each plan for release are verified by field investigation made by an accredited special service agency, or the United States probation officer of the district into which release will be made, and reports thereof included with the record when the case is heard by the Board.*+ [Sec, 301 2.27 Parole plans. Plans are developed on the basis of the social needs of the prisoner and his family. The parolee must have given evidence of his willingness to assume his lawful responsibilities and show that he is competent to discharge these responsibilities.*† [Sec. 31] 2.28 Change in plans. Plans which are approved by the Board may be changed only with the consent of the Board after formal application for such change is made by the parolee. Such application should bear the approval or comments of the parole adviser and the United States probation officer. If, after the plan is approved, but before release has occurred, a change in plan is desired, the request therefore may be presented by the warden or by the prisoner through the institutional parole officer.*t [Sec. 32] 2.29 Release at minimum date. While release at a minimum date cannot be delayed because of a deficient or defective plan, in such case the Board will place such conditions on the prisoner, before or after release, as the situation may require.** (Sec. 4, 47 Stat. 381; 18 U.S.C. 716b) [Sec. 33] 2.30 Gratuities on release. It shall be the duty of the warden of the prison to furnish any and all paroled prisoners the usual gratuities consisting of clothing, transportation and funds to be determined in the discretion of the warden not to exceed $20. The transportation furnished shall be to the place to which the paroled prisoner has elected to go, with the approval of the Board of Parole. When any such paroled prisoner shall have received his final discharge while he is away from such prison, he shall be entitled to no further gratuities provided for discharged prisoners under existing laws.* (Sec. 8, 36 Stat. 820; 18 U.S.C. 721) [Sec. 34] 2.31 United States probation officers. United States probation officers shall perform such duties with respect to persons on parole as the Attorney General shall request. Such probation officers shall have the power of arrest exercised by a deputy marshal.*† [Sec. 35] 2.32 Revocation of parole. Parole may be revoked only by the Board of Parole when continuation of the parole status outside of the prison is considered to be incompatible with the public welfare. The most frequent causes for revocation are found in the violation of a general or special condition imposed by the Board on the prisoner at the time of release, or a commission of a new crime. Each case and each charge will be considered on its own merits.*† [Sec. 36] 2.33 Same; detainer against any new sentence. In the event a parolee commits another felony while under the control of the Board, a violator warrant will issue. Execution of the warrant may be deferred until completion of the subsequent sentence, and thereafter, if Page 14 **For statutory and source citations, see note to § 2.1. parole is revoked on the original sentence, the Board may require independent service of the unserved portion of the original sentence.** [Sec. 37] 2.34 Same; basis of revocation. The basis for such revocation shall be the verification of the charge by the field officers or by other persons and confirmation by official records or other sources of information.*t [Sec. 38] 2.35 Referrals. On receipt of information of what appears to be a violation of parole or conditional release, a "referral" is prepared with accompanying evidence and presented to the Board or any member thereof.* [Sec. 39] 2.36 Issuance of warrant. In the event that the Board or any member thereof finds cause, a warrant is issued.** (Sec. 3, 46 Stat. 272; 18 U.S.C. 723c) [Sec. 40] 2.37 Execution of warrant. Any officer of the prison or any Federal officer authorized to serve criminal process within the United States, to whom such warrant shall be delivered, is authorized and required to execute such warrant by taking the person named therein and returning him to the prison from which he was released within the time specified in such warrant.** (Sec. 5, 36 Stat. 820; 18 U.S.C. 718) [Sec. 41] 2.38 Unexpired term of imprisonment. The unexpired term of imprisonment of any such person shall begin to run from the date he is returned to the institution, and the time the prisoner was on parole shall not diminish the time he was originally sentenced to serve.*† (Sec. 3, 46 Stat. 272; 18 U.S.C. 723c) [Sec. 42] 2.39 Hearing by Board. At the next meeting of the Board of Parole after the issuance of a warrant for the retaking of any paroled prisoner, the Board shall be notified thereof, and if the prisoner named shall have been returned to prison, he shall be given an opportunity to appear before the Board, and the Board may then or at any time in its discretion revoke the order of parole and terminate such parole or modify the terms and conditions thereof.** (Sec. 6, 36 Stat. 820, sec. 1, 46 Stat. 272; 18 U.S.C. 719) [Sec. 43] PART 3-APPOINTMENT OF NOTARIES PUBLIC FOR THE DISTRICT OF COLUMBIA **For statutory and source citations, see note to § 2.1. Page 15 102573-39-TITLES 28 AND 29. -8 |