Paroling, Recommitting, and Supervising Federal Prisoners: Parole Hearings Conducted by Hearing Examiners

Resumo

The U.S. Parole Commission is amending its regulations that define the role of the hearing examiner in conducting parole hearings and in formulating a panel recommendation to the Regional Commissioner. At present, the Commission's rules require that parole hearings be conducted by panels of two examiners, with single examiner hearings being the exception. The amended rule makes single examiner hearings the norm, with the Regional Commissioner having the option to order two-examiner panels for hearings when appropriate. Under the new rule, review and voting by the Regional Administrator will provide the Regional Commissioner with a panel recommendation. The amended rule also permits a hearing examiner (or panel) to withhold the recommended decision that is ordinarily given to the prisoner at the conclusion of a parole hearing, if a critical issues requires further consideration. The purpose served by these changes is to adjust the Commission's procedures to the down-sizing requirements of the Commission's impending abolition, without lessening the quality of justice in parole hearings and decisions.