---
kind: "section"
citation: "28 C.F.R. § 2.2"
title: "28"
number: "2.2"
heading: "Eligibility for parole; adult sentences."
url: "https://uscodex.org/cfr/28/2.2"
---

# §2.2. Eligibility for parole; adult sentences.

- (a) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to [18 U.S.C. 4205 (a)](/usc/18/4205.md?p=a) (or pursuant to former [18 U.S.C. 4202](/usc/18/4202.md)) may be released on parole in the discretion of the Commission after completion of one-third of such term or terms, or after completion of ten years of a life sentence or of a sentence of over thirty years.
- (b) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to [18 U.S.C. 4205(b)(1)](/usc/18/4205.md?p=b-1) (or pursuant to former [18 U.S.C. 4208(a)(1)](/usc/18/4208.md?p=a-1)) may be released on parole in the discretion of the Commission after completion of the court-designated minimum term, which may be less than but not more than one-third of the maximum sentence imposed.
- (c) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to [18 U.S.C. 4205(b)(2)](/usc/18/4205.md?p=b-2) (or pursuant to former [18 U.S.C. 4208(a)(2)](/usc/18/4208.md?p=a-2)) may be released on parole at any time in the discretion of the Commission.
- (d) If the Court has imposed a maximum term or terms of more than one year pursuant to 18 U.S.C. [924(a)](/usc/18/924.md?p=a) or [26](/usc/18/26.md) U.S.C. 5871 [violation of Federal gun control laws], a Federal prisoner serving such term or terms may be released in the discretion of the Commission as if sentenced pursuant to [18 U.S.C. 4205(b)(2)](/usc/18/4205.md?p=b-2). However, if the prisoner's offense was committed on or after October 12, 1984, and the Court imposes a term or terms under [26 U.S.C. 5871](/usc/26/5871.md), the prisoner is eligible for parole only after service of one-third of such term or terms, pursuant to [18 U.S.C. 4205(a)](/usc/18/4205.md?p=a).
- (e) A Federal prisoner serving a maximum term or terms of one year or less is not eligible for parole consideration by the Commission.

## Notes

### Amendments

[42 FR 41408, Aug. 17, 1977, as amended at 50 FR 36423, Sept. 6, 1985; 53 FR 46870, Nov. 21, 1988]

### Authority

Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).

### Source

Source: 42 FR 39809, Aug. 5, 1977, unless otherwise noted.

### Amendments

[42 FR 41408, Aug. 17, 1977, as amended at 50 FR 36423, Sept. 6, 1985; 53 FR 46870, Nov. 21, 1988]