---
kind: "section"
citation: "28 C.F.R. § 2.95"
title: "28"
number: "2.95"
heading: "Early termination from supervision."
url: "https://uscodex.org/cfr/28/2.95"
---

# §2.95. Early termination from supervision.

- (a)
  - (1) Upon its own motion or upon request of a parolee, the Commission may terminate a parolee's supervision, and legal custody over the parolee, before the sentence expires.
  - (2) The Commission may terminate supervision of a committed youth offender after the offender serves one year on supervision. Upon terminating supervision before the sentence expires, the Commission shall set aside the committed youth offender's conviction and issue a certificate setting aside the conviction instead of a certificate of termination.
- (b) Two years after releasing a prisoner on supervision, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. The Commission shall also conduct a status review whenever the supervision officer recommends early termination of the parolee's supervision.
- (c) Five years after releasing a prisoner on supervision, the Commission shall terminate supervision over the parolee unless the Commission determines, after a hearing conducted in accordance with the procedures prescribed in [18 U.S.C. 4214(a)(2)](/usc/18/4214.md?p=a-2), that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. If the Commission does not terminate supervision under this paragraph, the parolee may request a hearing annually thereafter, and the Commission shall conduct an early termination hearing at least every two years.
- (d) In calculating the two-year and five-year periods provided in paragraphs [(b)](#b) and [(c)](#c) of this section, the Commission shall not include any period of parole before the most recent release, or any period the parolee served in confinement on any other sentence.
- (e)
  - (1) In determining whether to grant early termination from supervision, the Commission shall consider the guidelines of this [paragraph (e)](#e). The guidelines are advisory and the Commission may disregard the outcome indicated by the guidelines based on case-specific factors. Termination of supervision is indicated if the parolee:
    - (i) Has a salient factor score in the very good risk category and has completed two continuous years of supervision free from an incident of new criminal behavior or serious parole violation; or
    - (ii) Has a salient factor score in a risk category other than very good and has completed three continuous years of supervision free from an incident of new criminal behavior or serious parole violation.
  - (2) As used in this [paragraph (e)](#e), the term “an incident of new criminal behavior or serious parole violation” includes a new arrest or report of a parole violation if supported by substantial evidence of guilt, even if no conviction or parole revocation results. The Commission shall not terminate supervision of a parolee until it determines the disposition of a pending criminal charge.
  - (3) Case-specific factors that may justify a departure either above or below the early termination guidelines may relate to the current behavior of the parolee, or to the parolee's background and criminal history.

## Notes

### Amendments

[75 FR 9520, Mar. 3, 2010]

### Source

Source: 65 FR 45888, July 26, 2000, unless otherwise noted.

### 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

[75 FR 9520, Mar. 3, 2010]