Page:United States Statutes at Large Volume 90 Part 1.djvu/275

 PUBLIC LAW 94-233—MAR. 15, 1976

90 STAT. 225

scheduled proceedings by the Commission at the institution in which the prisoner is confined. "(c) Subparagraph (2) of subsection (b) shall not apply to— "(1) diagnostic opinions which, if made known to the eligible prisoner, could lead to a serious disruption of his institutional program; "(2) any document which reveals sources of information obtained upon a promise of confidentiality; or "(3) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. If any document is deemed by either the Commission, the Bureau of l^risons, or any other agency to fall within the exclusionary provisions of subparagraphs (1), (2), or (3) of this subsection, then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. "(d)(1) During the period prior to the parole determination proceeding as provided in subsection (b) of this section, a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. "(2) The prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. "(e) The prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. "(f) A full and complete record of every proceeding shall be Record retention. retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. "(g) If parole is denied, a personal conference to explain the Parole denial, reasons for such denial shall be held, if feasible, between the prisoner conference. and the Commissioners or examiners conducting the proceeding at the conclusion of the proceeding. When feasible, the conference shall include advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. "(h) In any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: "(1) eighteen months in the case of a prisoner with a term or terms of more than one year but less than seven years; and "(2) twenty-four months in the case of a prisoner with a terra or teiTOS of seven years or longer. "§ 4209. Conditions of parole 18 USC 4209. "(a) In every case, the Commission shall impose as a condition of parole that the parolee not commit another Federal, State, or local crime. The Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— "(1) the nature and circumstances of the offense; and " (2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. "(b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his

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