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Privacy Act: [ JUSTICE/PRC-001] Docket, Scheduling and Control....
<DOC> [2001 Privacy Act] [From the U.S. Government Printing Office via GPO Access] #.DEPARTMENT OF JUSTICE Parole Commission #.. JUSTICE/PRC-001 #....System name: Docket, Scheduling and Control. System location: Records are maintained at each of the Regional Offices for inmates incarcerated in and persons under supervision in each region, except for the National Appeals Board docket maintained in Washington. Duplicates of regional materials are maintained in Washington. All requests for records should be made to the appropriate regional office or Headquarters at the following addresses: United States Parole Commission, 2nd and Chestnut Sts. Customs House--7th Floor, Philadelphia, PA 19106, United States Parole Commission, 1718 Peachtree St., NW, Suite 250, Atlanta, GA 30309, United States Parole Commission, 5550 Friendship Blvd., Chevy Chase Md. 20815, ATTN: National Appeals Board, United States Parole Commission, Air World Center Suite 220, 10920 Ambassador Dr., Kansas City, Mo. 64153. United States Parole Commission, 525 Griffin St., Suite 820 Dallas, Tex. 75202. United States Parole Commission, 1301 Shoreway Road Fourth Floor, Belmont, CA 94002 Categories of individuals covered by the system: Current and former inmates under the custody of the Attorney General who are to be scheduled for hearings under Commission procedures. Former inmates includes those presently under supervision as parolees or mandatory releasees and those against whom a revocation warrant has been issued. Categories of records in the system: (a) Docket sheets--Each region and the National Appeals Board in Washington maintains a cumulative series of docket sheets in time sequence showing Commission action. Principal data elements are name and register number of inmate, offense, sentence, and previous and present Action. The appeal docket includes the data and type of appeal in addition to much of the above data. These provide a continual running record of the basic data elements per inmate and former inmate. Docket sheets are used to input this information into a computer program which produces printouts of identical information and certain statistical reports. (b) Hearing schedules--Shortly after inmates are incarcerated, their names appear on an eligibility list prepared by the Bureau of Prisons, for initial parole hearings. Following the hearing, the Commission may order that the inmate be denied parole, granted a presumptive parole date, granted an effective (within six months) parole date or continued to a 15 year reconsideration hearing. Other types of hearings and reviews are provided for in the Code of Federal Regulations as part of parole, rescission or revocation procedures. All of the different types of hearings and reviews are placed on schedules for examiners to process when they visit the various institutions or hold ``local'' hearings. The data elements are similar to those on the docket but indicate the number and type of hearing or review to be held instead of the result. Authority for maintenance of the system: 18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR part 2. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: (a) The dockets provide the basis of answering basic inquiries, mostly from within the Parole Commission, as to when a hearing came up for an individual and what action was taken. The schedules indicate to examiners and prison staff the specific hearings and reviews to be prepared for and held. (b) In the event that material in this system indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute, or by regulation, rule or order issued pursuant thereto, the relevant records may be referred to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto. (c) A record from this system of records may be disclosed to a Federal, State or local agency maintaining civil, criminal or other relevant information if necessary to obtain information relevant to an agency decision concerning parole matters. (d) A record from this system may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. (e) Internal users--Employees of the Department of Justice who have a need to know the information in the performance of their duties. (f) External users--As noted above, on occasion employees of Federal, State and local enforcement, correctional, prosecutive, or other agencies, and courts may have access to this information. Release of information to the news media: Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may be made available unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. Release of information to members of congress. Information not otherwise required to be released pursuant to 5 U.S.C. 552, may be made available to a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of and in response to a communication from the individual who is the subject of the record. Release of information to the National Archives and Records Administration (NARA) and to the General Services Administration (GSA): A record may be disclosed as a routine use to the NARA and GSA in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant and necessary information to a former employee of the Department for purposes of: responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Information stored in the system is on sheets of paper, one item per line, stored in folders or binders. An experimental program to store such data on tape disk, or microfiche using ADP technology, and to prepare certain computer printouts is in effect in all regions. Data also may be stored on paper printouts through file retention. Retrievability: Name, register number, date, institution Commission action, and statistical data as to such actions. Safeguards: Copies of dockets, printouts and schedules are not disseminated outside of Commission offices and Bureau of Prisons installations. They are available only to Commission and bureau employees on a ``need to know'' basis. Information therefrom may be given outside the Department as indicated in the ``Routine Uses.'' If so, a letter will be written covering the item disclosed, date and identity of the recipient. If information must be given over the phone due to urgency, the caller will be identified beforehand and details of the call recorded. Retention and disposal: Records in this system are kept for five (5) years after the effective date of the schedule or date of the last item recorded on the docket. They are then shredded and electronically stored records are erased. System manager(s) and address: Director, Research and Program Development, United States Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD 20815. Notification procedure: Address inquiries to Regional Commissioner at appropriate location. For general inquiries, address system manager. The Attorney General has exempted this system from compliance with the provisions of subsection (d), under the provisions of subsection (j). Record source categories: (1) Bureau of Prisons files; (2) Parole Commission and Bureau of Prison's employees; (3) Court Records; (4) Parole Commission inmate files. Systems exempted from certain provisions of the act: The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2) and (3), (e)(4)(G) and (H), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and have been published in the Federal Register. #.. JUSTICE/PRC-003 #....System name: Inmate and Supervision Files. System location: Records are maintained at each of the U.S. Parole Commission's (USPC) Regional Offices for inmates incarcerated in and persons under supervision in each region. Records are housed temporarily at the Commission's Headquarters Office located at 5550 Friendship Blvd., Chevy Chase, MD 20815 when used by the National Appeals Board or other Headquarters personnel. A duplicate records of certain data elements from files is maintained on microfiche for Headquarters use. Prior to the first parole hearing, the inmate's file is maintained at the institution at which he is incarcerated. Certain records on parolees and mandatory releases are maintained at probation offices. All requests for records should be made to the appropriate regional office at the following addresses: U.S. Parole Commission, Customs House Seventh Floor, Second and Chestnut Streets, Philadelphia, Pa. 19106. U.S. Parole Commission, 1718 Peachtree St. NW, Suite 250, Atlanta, GA 30309. U.S. Parole Commission, Air World Center, Suite 220, 10920 Ambassador Drive, Kansas City, Mo. 64153. U.S. Parole Commission, 525 Griffin St., Suite 820, Dallas, Tex. 75202, U.S. Parole Commission, 1301 Shoreway Road, 4th Floor, Belmont, CA 94002. Categories of individuals covered by the system: Current and former inmates under the custody of the Attorney General. Former inmates include those presently under supervision as parolees or mandatory releasees. Categories of records in the system: 1. Compulation of sentence and supportive documentation. 2. Correspondence concerning pending charges, and wanted status, including warrants. 3. Requests from other Federal and non-Federal law enforcement agencies for notification prior to release. 4. Records of the allowance forfeiture, withholding and restoration of good time. 5. Information concerning present offense, prior criminal background sentence, and parole from the U.S. Attorneys, the Federal Courts, and Federal prosecuting agencies. 6. Identification data. 7. Order of designation of institution or original commitment. 8. Records and reports of work and housing assignments. 9. Program selection assignments and performance adjustments/ progress reports. 10. Conduct records. 11. Social background. 12. Educational data. 13. Physical and mental health data. 14. Parole Commission applications, appeal documentation, orders actions, examiner's summaries, transcripts or tapes of hearings, guideline evaluation documents, parole or mandatory release certificates, statements or third parties for or against parole, special reports on youthful offenders and adults required by statute and related documents. 15. Correspondence regarding release planning, adjustment and violations. 16. Transfer orders. 17. Mail and visit records. 18. Personal property records. 19. Safety reports and rules. 20. Release processing forms and certificates. 21. Interviews requests forms from inmates. 22. General correspondence. 23. Copies of inmate court petitions and other court documents. 24. Report of probation officers. Commission correspondence with former inmates and others, and Commission order and memoranda dealing with supervision and conditions of parole or mandatory release. 25. If an alleged parole violation exists, correspondence requesting a revocation warrant, warrant application, warrant, instructions as to service, detainers and related documents. Authority for maintenance of the system: 18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR part 2. Purpose(s): The system constitutes the agency's records upon which it bases all its decisions with respect to every stage of parole consideration from initial hearing to termination of parole supervision. For example, it is used by USPC hearing examiners to perform a prehearing review and to conduct the inmate's initial parole hearing. After that hearing, it is maintained in the appropriate regional office where it provides the principal information source for all decisions leading to parole or denial of parole, and all decisions following release to supervision. It is used at USPC headquarters when appeals come before the National Appeals Board or when needed by legal counsel and others on the headquarters staff. It is used by employees at all levels, including USPC members, to provide information for decisionmaking in every area of USPC responsibility. Files of released inmates are used to make statistical studies of subjects related to parole and revocation. Finally, the file is maintained to provide the rationale of USPC actions when an agency determination is questioned by members of the public or challenged in judicial proceedings. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: (a) The system may be used as a source for disclosure of information which is solely a matter of public record and which is traditionally released by the agency to further public understanding of its criminal justice system, including but not limited to offense, sentence data, and prospective release date. (b) The system may be used to provide an informational source for responding to inquiries from Federal inmates, their families, representatives, and Congressional offices. (c) Record from the system of records may be routinely disclosed to U.S. Probation Officers for the performance of their official duties. (d) In the event that the USPC is informed of a violation or suspected violation of law whether civil, criminal or regulatory in nature, and whether arising by general statute, or by regulation, rule or order issued pursuant thereto, the relevant records may be disclosed to the appropriate agency, whether Federal, State, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order, issued pursuant thereto. (e) Records from this system may be disclosed to a Federal, State or local agency or court if that agency or court requests information for an official purpose to which the documents appear to be relevant. (f) A record from this system may be disclosed to a person or to persons who may be exposed to harm through contact with a particular parolee or mandatory releasee (or to persons in a position to prevent or minimize such harm), if it is deemed to be necessary to give notice that such danger exists. (g) Lists of names of parolees and mandatory releasees entering a jurisdiction and related information may be disclosed to law enforcement agencies upon request as may be required for the protection of the public for the enforcement of parole conditions. (h) Disclosure of USPC notices of action may be made (1) by the Office of Public Affairs of the U.S. Department of Justice to the public generally, and (2) by USPC to specific crime victims and witnesses (as those terms are used in the Victim and Witness Protection Act of 1982), from the files of prisoners whose
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