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(2) $22-2012 (Sexual performances Subpart E-Compassionate Release (Prousing minors-prohibited acts);

cedures for the implementation of 18 (3) 822–2013 (Sexual performances

U.S.C. 4205(g)) using minors-penalties);

572.40 Compassionate release under 18 (4) 822–2101 (Kidnaping) where the

U.S.C. 4205(g). victim is a minor;

AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, (5) $ 22–2401 (Murder in the first de

4081, 4082 (Repealed in part as to offenses gree) if it includes murder while com- committed on or after November 1, 1987), mitting or attempting to commit first 4205, 5015 (Repealed October 12, 1984 as to ofdegree sexual abuse;

fenses committed after that date), 5039; 28

U.S.C. 509, 510; 28 CFR 0.95-0.99. (6) $22-2704 (Abducting or enticing child from his or her home for purposes of prostitution; harboring such child);

Subparts A-C [Reserved] (7) $22-4102 (First degree sexual abuse);

Subpart D-Parole and Mandatory (8) $22-4103 (Second degree sexual

Release Violator Reports abuse);

8572.30 Purpose and scope. (9) $22-4104 (Third degree sexual abuse);

The Bureau of Prisons provides the (10) $22–4105 (Fourth degree sexual

U.S. Parole Commission with a Violaabuse);

tor Report for use at the revocation (11) 822-4106 (Misdemeanor sexual

hearing of a parole or mandatory reabuse);

lease violator, when that hearing is

conducted in an institution of the Bu(12) $22-4108 (First degree child sex

reau of Prisons. ual abuse); (13) $ 22-4109 (Second degree child sex

(45 FR 33941, May 20, 1980) ual abuse);

8572.31 Procedures. (14) 822-4110 (Enticing a child); (15) $22-4113 (First degree sexual

Staff shall prepare the Violator Reabuse of a ward);

port to include the following informa

tion: (16) $ 22–4114 (Second degree sexual abuse of a ward);

(a) The inmate's original offense,

sentence imposed, date and district; (17) $22–4115 (First degree sexual

(b) Description of release procedure; abuse of a patient or client);

(c) Alleged violation(s) of parole or (18) $ 22-4116 (Second degree sexual

mandatory release; abuse of a patient or client);

(d) Inmate's comments concerning (19) 822-4118 (Attempts to commit

the alleged violation(s); sexual offenses);

(e) An outline of the inmate's activi(20) $ 22–4120 (Aggravating cir- ties while under supervison on parole cumstances).

or mandatory release; and (21) $22-103 (Attempts to commit (f) At the option of the inmate, statecrime) if it includes an attempt to ment of current release plans and commit any offense listed in para

available community resources. graphs (C)(1)-(20) of this section.

(45 FR 33941, May 20, 1980]

[blocks in formation]

controlling law for inmates whose offenses occurred prior to that date. For inmates whose offenses occurred on or after November 1, 1987, the applicable statute is 18 U.S.C. 3582(C)(1)(A). Proce

dures for compassionate release of an inmate under either provision are contained in 28 CFR part 571, subpart G. (59 FR 1239, Jan. 7, 1994]CHAPTERS

CHAPTER VI-OFFICES OF INDEPENDENT

COUNSEL, DEPARTMENT OF JUSTICE

Page

Part 600 601

633

636

602

General powers of Special Counsel
Jurisdiction of the Independent Counsel: Iran

Contra
Jurisdiction of the Independent Counsel: In re

Franklyn C. Nofziger
Jurisdiction of the Independent Counsel: In re

Madison Guaranty Savings & Loan Association ..

636

603

638

197-102 D-21

PART 600-GENERAL POWERS OF

SPECIAL COUNSEL

interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such recusal of particular officials.

as

Sec. 600.1 Grounds for appointing a Special

Counsel. 600.2 Alternatives available to the Attorney

General. 600.3 Qualifications of the Special Counsel. 600.4 Jurisdiction. 600.5 Staff. 600.6 Powers and authority. 600.7 Conduct and accountability. 600.8 Notification and reports by the Spe

cial Counsel. 600.9 Notification and reports by the Attor

ney General. 600.10 No creation of rights.

AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

SOURCE: 64 FR 37042, July 9, 1999, unless otherwise noted.

as

$ 600.1 Grounds for appointing a Spe

cial Counsel. The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter. $ 600.2 Alternatives available to the At

torney General. When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public

$ 600.3 Qualifications of the Special

Counsel. (a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.

(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).

$ 600.4 Jurisdiction.

(a) Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of

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