Makes a prisoner serving a definite term or terms of more than one year eligible for release on parole after serving one-third of such term or terms, or after serving ten years of a life sentence (unless imposed by the court without possibility of parole) or of a sentence of over 30 years, except to the extent otherwise provided by law.
Grants courts the authority to: (1) designate a minimum term at the expiration of which the prisoner shall become eligible for parole, which may be less than but not more than one-third of the maximum sentence imposed by the court; or (2) fix the maximum sentence to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine.
Sets forth provisions regarding: (1) parole determination criteria; (2) conditions of parole; (3) jurisdiction of the Commission; (4) early termination of parole; (5) aliens subject to deportation after parole; (6) summonses to appear and warrants for retaking parolees; (7) revocation of parole for violators; and (8) and appeals of parole denials, conditions, and revocations.
Grants the Commission jurisdiction over the parole of persons whose parole was governed by the Parole Commission Phase-Out Act of 1996 or by the Balanced Budget Act of 1997.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5296 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5296
To revive the system of parole for Federal prisoners.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2002
Mrs. Mink of Hawaii introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To revive the system of parole for Federal prisoners.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PAROLE.
Part III of title 18, United States Code, is amended by inserting
before chapter 313 the following:
``CHAPTER 312--PAROLE
``Sec.
``4201. Parole Commission created.
``4202. Powers and duties of the Commission.
``4203. Powers and duties of the Chairman.
``4204. Time of eligibility for release on parole.
``4205. Parole determination criteria.
``4206. Information considered.
``4207. Parole determination proceeding; time.
``4208. Conditions of parole.
``4209. Jurisdiction of Commission.
``4210. Early termination of parole.
``4211. Aliens.
``4212. Summons to appear or warrant for retaking of parolee.
``4213. Revocation of parole.
``4214. Appeal.
``4215. Applicability of Administrative Procedure Act.
``4216. Definitions.
``Sec. 4201. Parole Commission created
``(a) Generally.--There is hereby established, as an independent
agency in the Department of Justice, a United States Parole Commission
which shall be comprised of nine members appointed by the President, by
and with the advice and consent of the Senate. The President shall
designate from among the Commissioners one to serve as Chairman.
``(b) Term.--The term of office of a Commissioner shall be six
years, except that the term of a person appointed as a Commissioner to
fill a vacancy shall expire six years from the date upon which such
person was appointed and qualified. Upon the expiration of a term of
office of a Commissioner, the Commissioner shall continue to act until
a successor has been appointed and qualified, except that no
Commissioner may serve in excess of twelve years.
``(c) Compensation.--Commissioners shall be compensated at the
highest rate now or hereafter prescribed for grade 18 of the General
Schedule pay rates (5 U.S.C. 5332).
``Sec. 4202. Powers and duties of the Commission
``(a) Administrative Powers.--The Commission shall meet at least
quarterly, and by majority vote shall--
``(1) make rules establishing guidelines for the powers
enumerated in subsection (b) of this section and such other
rules and regulations as are necessary to carry out a national
parole policy and the purposes of this chapter;
``(2) create such regions as are necessary to carry out
this chapter; and
``(3) ratify, revise, or deny any request for regular,
supplemental, or deficiency appropriations, prior to the
submission of the requests to the Office of Management and
Budget by the Chairman, which requests shall be separate from
those of any other agency of the Department of Justice.
``(b) Substantive Powers.--The Commission, by majority vote, and
pursuant to the procedures set out in this chapter, shall have the
power to--
``(1) grant or deny an application or recommendation to
parole any eligible prisoner;
``(2) impose reasonable conditions on an order granting
parole;
``(3) modify or revoke an order paroling any eligible
prisoner; and
``(4) request probation officers and other individuals,
organizations, and public or private agencies to perform such
duties with respect to any parolee as the Commission deems
necessary for maintaining proper supervision of and assistance
to such parolees; and so as to assure that no probation
officers, individuals, organizations, or agencies shall bear
excessive caseloads.
``(c) Delegation.--The Commission, by majority vote, and pursuant
to rules and regulations--
``(1) may delegate to any Commissioner or commissioners
powers enumerated in subsection (b) of this section;
``(2) may delegate to hearing examiners any powers
necessary to conduct hearings and proceedings, take sworn
testimony, obtain and make a record of pertinent information,
make findings of probable cause and issue subpenas for
witnesses or evidence in parole revocation proceedings, and
recommend disposition of any matters enumerated in subsection
(b) of this section, except that any such findings or
recommendations shall be based upon the concurrence of not less
than two hearing examiners;
``(3) may delegate authority to conduct hearings held
pursuant to section 4214 to any officer or employee of the
executive or judicial branch of Federal or State government;
and
``(4) may review, or may delegate to the National Appeals
Board the power to review, any decision made pursuant to
subparagraph (1) of this subsection except that any such
decision so reviewed must be reaffirmed, modified or reversed
within thirty days of the date the decision is rendered, and,
in case of such review, the individual to whom the decision
applies shall be informed in writing of the Commission's
actions with respect thereto and the reasons for such actions.
``(d) Quorum.--Except as otherwise provided by law, any action
taken by the Commission pursuant to subsection (a) of this section
shall be taken by a majority vote of all individuals currently holding
office as members of the Commission which shall maintain and make
available for public inspection a record of the final vote of each
member on statements of policy and interpretations adopted by it. In so
acting, each Commissioner shall have equal responsibility and
authority, shall have full access to all information relating to the
performance of such duties and responsibilities, and shall have one
vote.
``(e) Cooperation With States.--
``(1) Generally.--The Commission shall, upon the request of
the head of any law enforcement agency of a State or of a unit
of local government in a State, make available as expeditiously
as possible to such agency, with respect to individuals who are
under the jurisdiction of the Commission, who have been
convicted of felony offenses against the United States, and who
reside, are employed, or are supervised in the geographical
area in which such agency has jurisdiction, the following
information maintained by the Commission (to the extent that
the Commission maintains such information)--
``(A) the names of such individuals;
``(B) the addresses of such individuals;
``(C) the dates of birth of such individuals;
``(D) the Federal Bureau of Investigation numbers
assigned to such individuals;
``(E) photographs and fingerprints of such
individuals; and
``(F) the nature of the offenses against the United
States of which each such individual has been convicted
and the factual circumstances relating to such offense.
``(2) Nondissemination requirement.--Any law enforcement
agency which receives information under this subsection shall
not disseminate such information outside of such agency.
``Sec. 4203. Powers and duties of the Chairman
``(a) Generally.--The Chairman shall--
``(1) convene and preside at meetings of the Commission
under section 4202 and such additional meetings of the
Commission as the Chairman may call or as may be requested in
writing by at least three Commissioners;
``(2) appoint, fix the compensation of, assign, and
supervise all personnel employed by the Commission except
that--
``(A) the appointment of any administrative law
judge shall be subject to approval of the Commission
within the first year of judge's employment; and
``(B) regional Commissioners shall appoint and
supervise such personnel employed regularly and full
time in their respective regions as are compensated at
a rate up to and including grade 9 of the General
Schedule pay rates (5 U.S.C. 5332);
``(3) assign duties among officers and employees of the
Commission, including Commissioners, so as to balance the
workload and provide for orderly administration;
``(4) direct the preparation of requests for appropriations
for the Commission, and the use of funds made available to the
Commission;
``(5) designate not fewer than three Commissioners to serve
on the National Appeals Board of whom one shall be so
designated to serve as vice chairman of the Commission (who
shall act as Chairman of the Commission in the absence or
disability of the Chairman or in the event of the vacancy of
the Chairmanship), and designate, for each such region
established under section 4202, one Commissioner to serve as
regional Commissioner in each such region, but in each such
designation the Chairman shall consider years of service,
personal preference and fitness, and no such designation shall
take effect unless concurred in by the President, or his
designee;
``(6) serve as spokesman for the Commission and report
annually to Congress on the activities of the Commission; and
``(7) exercise such other powers and duties and perform
such other functions as may be necessary to carry out the
purposes of this chapter or as may be otherwise provided by
law.
``(b) Administrative Powers.--The Chairman shall have the power
to--
``(1) without regard to section 3324(a) and (b) of title
31, enter into and perform such contracts, leases, cooperative
agreements, and other transactions as may be necessary in the
conduct of the functions of the Commission, with any public
agency, or with any person, firm, association, corporation,
educational institution, or nonprofit organization;
``(2) accept voluntary and uncompensated services,
notwithstanding section 1342 of title 31;
``(3) procure for the Commission temporary and intermittent
services under section 3109(b) of title 5, United States Code;
``(4) collect systematically the data obtained from
studies, research, and the empirical experience of public and
private agencies concerning the parole process;
``(5) carry out programs of research concerning the parole
process to develop classification systems which describe types
of offenders, and to develop theories and practices which can
be applied to the different types of offenders;
``(6) publish data concerning the parole process;
``(7) devise and conduct, in various geographical
locations, seminars, workshops and training programs providing
continuing studies and instruction for personnel of Federal,
State and local agencies and private and public organizations
working with parolees and connected with the parole process;
and
``(8) use the services, equipment, personnel, information,
facilities, and instrumentalities with or without reimbursement
therefor of other Federal, State, local, and private agencies
with their consent.
``(c) Policies To Be Followed.--In carrying out his functions under
this section, the Chairman shall be governed by the national parole
policies promulgated by the Commission.
``Sec. 4204. Time of eligibility for release on parole
``(a) Generally.--Whenever confined and serving a definite term or
terms of more than one year, a prisoner shall be eligible for release
on parole after serving one-third of such term or terms or after
serving ten years of a life sentence (other than a life sentence
imposed by the court without possibility of parole) or of a sentence of
over thirty years, except to the extent otherwise provided by law.
``(b) Courts' Power at Time of Sentencing.--Upon entering a
judgment of conviction, the court having jurisdiction to impose
sentence, when in its opinion the ends of justice and best interest of
the public require that the defendant be sentenced to imprisonment for
a term exceeding one year (other than a life sentence imposed by the
court without possibility of parole), may--
``(1) designate in the sentence of imprisonment imposed a
minimum term at the expiration of which the prisoner shall
become eligible for parole, which term may be less than but
shall not be more than one-third of the maximum sentence
imposed by the court; or
``(2) fix the maximum sentence of imprisonment to be served
in which event the court may specify that the prisoner may be
released on parole at such time as the Commission may
determine.
``(c) Information for Court.--
``(1) Commitment for study.--If the court desires more
detailed information as a basis for determining the sentence to
be imposed, the court may commit the defendant to the custody
of the Attorney General, which commitment shall be deemed to be
for the maximum sentence of imprisonment prescribed by law, for
a study as described in subsection (d).
``(2) Report to court.--The results of such study, together
with any recommendations which the Director of the Bureau of
Prisons believes would be helpful in determining the
disposition of the case, shall be furnished to the court within
three months unless the court grants time, not to exceed an
additional three months, for further study.
``(3) Court order.--After receiving such reports and
recommendations, the court may in its discretion--
``(A) place the offender on probation as authorized
by section 3651; or
``(B) affirm the sentence of imprisonment
originally imposed, or reduce the sentence of
imprisonment, and commit the offender under any
applicable provision of law.
``(4) Commencement of term of sentence.--The term of the
sentence shall run from the date of original commitment under
this section.
``(d) Study of Prisoner Sentenced to Imprisonment.--Upon commitment
of a prisoner sentenced to imprisonment under subsection (a) or (b),
the Director, under such regulations as the Attorney General may
prescribe, shall cause a complete study to be made of the prisoner and
shall furnish to the Commission a summary report together with any
recommendations which in his opinion would be helpful in determining
the suitability of the prisoner for parole. This report may include
data regarding the prisoner's previous delinquency or criminal
experience, pertinent circumstances of the prisoner's social background
and capabilities, the prisoner's mental and physical health, and such
other factors the Director considers pertinent. The Commission may make
such other investigation as it may deem necessary.
``(e) Duty of Probation Officers.--Upon request of the Commission,
it shall be the duty of the various probation officers and government
bureaus and agencies to furnish the Commission information available to
such officer, bureau, or agency, concerning any eligible prisoner or
parolee and whenever not incompatible with the public interest, their
views and recommendation with respect to any matter within the
jurisdiction of the Commission.
``(f) Short Prison Terms.--Any prisoner sentenced to imprisonment
for a term or terms of not less than six months but not more than one
year shall be released at the expiration of such sentence less good
time deductions provided by law, unless the court which imposed
sentence, shall, at the time of sentencing, provide for the prisoner's
release as if on parole after service of one-third of such term or
terms notwithstanding section 4164. This subsection does not prevent
delivery of any person released on parole to the authorities of any
State otherwise entitled to his custody.
``(g) Reduction in Sentence.--At any time upon motion of the Bureau
of Prisons, the court may reduce any minimum term to the time the
defendant has served. The court shall have jurisdiction to act upon the
application at any time and no hearing shall be required.
``(h) Disclaimer.--Nothing in this chapter shall be construed to
provide that any prisoner shall be eligible for release on parole if
such prisoner is ineligible for such release under any other provision
of law.
``Sec. 4205. Parole determination criteria
``(a) Generally.--An eligible prisoner shall, subject to
subsections (b) and (c), and pursuant to guidelines issued by the
Commission under If an eligible prisoner has substantially observed the
rules of the institution or institutions to which he has been confined,
and if the Commission, upon consideration of the nature and
circumstances of the offense and the history and characteristics of the
prisoner, determines that release would not--
``(1) depreciate the seriousness of his offense or promote
disrespect for the law; or
``(2) jeopardize the public welfare;, such prisoner shall
be released.
``(b) Notice to Prisoner.--The Commission shall furnish the
eligible prisoner with a written notice of its determination not later
than twenty-one days, excluding holidays, after the date of the parole
determination proceeding. If parole is denied such notice shall state
with particularity the reasons for such denial.
``(c) Good Cause Exception.--The Commission may grant or deny
release on parole notwithstanding the guidelines referred to in
subsection (a) of this section if it determines there is good cause for
so doing, if the prisoner is furnished written notice stating with
particularity the reasons for its determination, including a summary of
the information relied upon.
``(d) Release After \2/3\ of Sentence.--Any prisoner, serving a
sentence of five years or longer, who is not earlier released under
this section or any other applicable provision of law, shall be
released on parole after having served two-thirds of each consecutive
term or terms, or after serving 30 years of each consecutive term or
terms of more than 45 years including any life term (other than a life
term imposed by the court without possibility of parole), whichever is
earlier, but the Commission shall not release such prisoner if it
determines that the prisoner has seriously or frequently violated
institution rules and regulations or that there is a reasonable
probability that he will commit any Federal, State, or local crime.
``Sec. 4206. Information considered
``In making a determination under this chapter (relating to release
on parole) the Commission shall consider, if available and relevant--
``(1) reports and recommendations which the staff of the
facility in which such prisoner is confined may make;
``(2) official reports of the prisoner's prior criminal
record, including a report or record of earlier probation and
parole experiences;
``(3) presentence investigation reports;
``(4) recommendations regarding the prisoner's parole made
at the time of sentencing by the sentencing judge;
``(5) a statement, which may be presented orally or
otherwise, by any victim of the offense for which the prisoner
is imprisoned about the financial, social, psychological, and
emotional harm done to, or loss suffered by such victim;
``(6) reports of physical, mental, or psychiatric
examination of the offender; and
``(7) such additional relevant information concerning the
prisoner (including information submitted by the prisoner) as
may be reasonably available.
``Sec. 4207. Parole determination proceeding; time
``(a) General Rule.--In making a determination under this chapter
(relating to parole) the Commission shall conduct a parole
determination proceeding unless it determines on the basis of the
prisoner's record that the prisoner will be released on parole.
Whenever feasible, the initial parole determination proceeding for a
prisoner eligible for parole under subsections (a) and (b)(1) of
section 4204 shall be held not later than 30 days before the date of
such eligibility for parole. Whenever feasible, the initial parole
determination proceeding for a prisoner eligible for parole pursuant to
subsection (b)(2) of section 4204 or released on parole and whose
parole has been revoked shall be held not later than 120 days following
such prisoner's imprisonment or reimprisonment in a Federal
institution, as the case may be. An eligible prisoner may knowingly and
intelligently waive any proceeding.
``(b) Preparation.--(1) At least 30 days before any parole
determination proceeding, the prisoner shall be provided with--
``(A) written notice of the time and place of the
proceeding; and
``(B) reasonable access to a report or other document to be
used by the Commission in making its determination.
``(2) A prisoner may waive such notice, but if notice is not waived
the proceeding shall be held during the next regularly scheduled
proceedings by the Commission at the institution in which the prisoner
is confined.
``(c) Exceptions to Disclosure.--(1) Subsection (b)(1)(B) does not
apply to--
``(A) diagnostic opinions which, if made known to the
eligible prisoner, could lead to a serious disruption of his
institutional program;
``(B) any document which reveals sources of information
obtained upon a promise of confidentiality; or
``(C) any other information which, if disclosed, might
result in harm, physical or otherwise, to any person.
``(2) If any document is deemed by either the Commission, the
Bureau of Prisons, or any other agency to fall within the exclusionary
provisions of paragraph (1), 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) Consultation.--(1) During the period before the parole
determination proceeding as provided in subsection (b), 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) Personal Appearance of Prisoner.--The prisoner shall be
allowed to appear and testify on his own behalf at the parole
determination proceeding.
``(f) Record.--A full and complete record of every proceeding shall
be 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) Personal Conference.--If parole is denied, a personal
conference to explain the reasons for such denial shall be held, if
feasible, between the prisoner and a representative of the Commission
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) Frequency of Parole Determination Proceedings.--In any case
in which release on parole is not granted, subsequent parole
determination proceedings shall be held not less frequently than:
``(1) 18 months in the case of a prisoner with a term or
terms of more than one year but less than seven years; and
``(2) 24 months in the case of a prisoner with a term or
terms of seven years or longer.
``Sec. 4208. Conditions of parole
``(a) Mandatory Conditions.--In every case, the Commission shall
impose as conditions of parole that the parolee not commit another
Federal, State, or local crime, that the parolee not possess illegal
controlled substances, and, if a fine was imposed, that the parolee
make a diligent effort to pay the fine in accordance with the judgment.
In every case, the Commission shall impose as a condition of parole for
a person described in section 4042(c)(4), that the parolee report the
address where the parolee will reside and any subsequent change of
residence to the probation officer responsible for supervision, and
that the parolee register in any State where the parolee resides, is
employed, carries on a vocation, or is a student (as such terms are
defined under section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994). In every case, the Commission shall impose as
a condition of parole that the parolee cooperate in the collection of a
DNA sample from the parolee, if the collection of such a sample is
authorized pursuant to section 3 or section 4 of the DNA Analysis
Backlog Elimination Act of 2000 or section 1565 of title 10. In every
case, the Commission shall also impose as a condition of parole that
the parolee pass a drug test prior to release and refrain from any
unlawful use of a controlled substance and submit to at least 2
periodic drug tests (as determined by the Commission) for use of a
controlled substance. The condition stated in the preceding sentence
may be ameliorated or suspended by the Commission for any individual
parolee if it determines that there is good cause for doing so. The
results of a drug test administered in accordance with the provisions
of the preceding sentence shall be subject to confirmation only if the
results are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of the test.
A drug test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The Commission shall consider
whether the availability of appropriate substance abuse treatment
programs, or an individual's current or past participation in such
programs, warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of section 4214(f) when
considering any action against a defendant who fails a drug test.
``(b) Other Conditions.--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.
``(c) Specificity of Conditions.--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 parole. An effort shall
be made to make certain that the parolee understands the conditions of
his parole.
``(d) Additional Conditions.--(1) Release on parole or release as
if on parole (or probation, or supervised release where applicable) may
as a condition of such release require--
``(A) a parolee to reside in or participate in the program
of a residential community treatment center, or both, for all
or part of the period of such parole; or
``(B) a parolee to remain at his place of residence during
nonworking hours and, if the Commission so directs, to have
compliance with this condition monitored by telephone or
electronic signaling devices, except that a condition under
this paragraph may be imposed only as an alternative to
incarceration.
``(2) A parolee residing in a residential community treatment
center pursuant to paragraph (1)(A) may be required to pay such costs
incident to such residence as the Commission deems appropriate.
``(e) Modification.--(1) The Commission may modify conditions of
parole pursuant to this section on its own motion, or on the motion of
a United States probation officer supervising a parolee, if the parolee
receives notice of such action and has ten days after receipt of such
notice to express views on the proposed modification. Following such
ten-day period, the Commission shall have 21 days, exclusive of
holidays, to act upon such motion or application. Notwithstanding any
other provision of this paragraph, the Commission may modify conditions
of parole, without regard to such ten-day period, on any such motion if
the Commission determines that the immediate modification of conditions
of parole is required to prevent harm to the parolee or to the public.
``(2) A parolee may petition the Commission on his own behalf for a
modification of conditions pursuant to this section.
``(3) The provisions of this subsection shall not apply to
modifications of parole conditions pursuant to a revocation proceeding
under section 4213.
``Sec. 4209. Jurisdiction of Commission
``(a) Custody.--A parolee shall remain in the legal custody and
under the control of the Attorney General, until the expiration of the
maximum term of terms for which such parolee was sentenced.
``(b) Termination.--Except as otherwise provided in this section,
the jurisdiction of the Commission over the parolee shall terminate no
later than the date of the expiration of the maximum term or terms for
which he was sentenced, except that--
``(1) such jurisdiction shall terminate at an earlier date
to the extent provided under section 4164 (relating to
mandatory release) or section 4211 (relating to early
termination of parole supervision), and
``(2) in the case of a parolee who has been convicted of
any criminal offense committed subsequent to his release on
parole, and such offense is punishable by a term of
imprisonment, detention or incarceration in any penal facility,
the Commission shall determine, in accordance with the
provisions of section 4214(b) or (c), whether all or any part
of the unexpired term being served at the time of parole shall
run concurrently or consecutively with the sentence imposed for
the new offense, but in no case shall such service together
with such time as the parolee has previously served in
connection with the offense for which he was paroled, be longer
than the maximum term for which he was sentenced in connection
with such offense.
``(c) Extension.--In the case of any parolee found to have
intentionally refused or failed to respond to any reasonable request,
order, summons, or warrant of the Commission or any member or agent
thereof, the jurisdiction of the Commission may be extended for the
period during which the parolee so refused or failed to respond.
``(d) Concurrence of Running of Term.--The parole of any parolee
shall run concurrently with the period of parole or probation under any
other Federal, State, or local sentence.
``(e) Certificate of Discharge.--Upon the termination of the
jurisdiction of the Commission over any parolee, the Commission shall
issue a certificate of discharge to such parolee and to such other
agencies as it may determine.
``Sec. 4210. Early termination of parole
``(a) In General.--Upon its own motion or upon request of the
parolee, the Commission may terminate supervision over a parolee prior
to the termination of jurisdiction under section 4209.
``(b) Review.--Two years after each parolee's release on parole,
and at least annually thereafter, the Commission shall review the
status of the parolee to determine the need for continued supervision.
In calculating such two-year period there shall not be included any
period of release on parole prior to the most recent such release, nor
any period served in confinement on any other sentence.
``(c) Presumptive Termination.--(1) Five years after each parolee's
release on parole, the Commission shall terminate supervision over such
parolee unless it is determined, after a hearing conducted in
accordance with the procedures prescribed in section 4213(a)(2), that
such supervision should not be terminated because there is a likelihood
that the parolee will engaged in conduct violating any criminal law.
``(2) If supervision is not terminated under subparagraph (1) of
this subsection the parolee may request a hearing annually thereafter,
and a hearing, with procedures as provided in subparagraph (1) of this
subsection shall be conducted with respect to such termination of
supervision not less frequently than biennially.
``(3) In calculating the five-year period referred to in
subparagraph (1), there shall not be included any period of release on
parole prior to the most recent such release, nor any period served in
confinement on any other sentence.
``Sec. 4211. Aliens
``When an alien prisoner subject to deportation becomes eligible
for parole, the Commission may authorize the release of such prisoner
on condition that such person be deported and remain outside the United
States. Such prisoner when his parole becomes effective, shall be
delivered to the duly authorized immigration official for deportation.
``Sec. 4212. Summons to appear or warrant for retaking of parolee
``(a) In General.--If any parolee is alleged to have violated his
parole, the Commission may--
``(1) summon such parolee to appear at a hearing conducted
pursuant to section 4213; or
``(2) issue a warrant and retake the parolee as provided in
this section.
``(b) Issuance.--Any summons or warrant issued under this section
shall be issued by the Commission as soon as practicable after
discovery of the alleged violation, except when delay is deemed
necessary. Imprisonment in an institution shall not be deemed grounds
for delay of such issuance, except that, in the case of any parolee
charged with a criminal offense, issuance of a summons or warrant may
be suspended pending disposition of the charge.
``(c) Contents.--Any summons or warrant issued pursuant to this
section shall provide the parolee with written notice of--
``(1) the conditions of parole he is alleged to have
violated as provided under section 4208;
``(2) the parolee's rights under this chapter; and
``(3) the possible action which may be taken by the
Commission.
``(d) Execution of Warrant.--Any officer of any Federal penal or
correctional institution, or any Federal officer authorized to serve
criminal process within the United States, to whom a warrant issued
under this section is delivered, shall execute such warrant by taking
such parolee and returning the parolee to the custody of the regional
commissioner, or to the custody of the Attorney General, if the
Commission shall so direct.
``Sec. 4213. Revocation of parole
``(a) Rights of Parolee.--(1) Except as provided in subsections (b)
and (c), any alleged parole violator summoned or retaken under section
4213 shall be accorded the opportunity to have--
``(A) a preliminary hearing at or reasonably near the place
of the alleged parole violation or arrest, without unnecessary
delay, to determine if there is probable cause to believe that
he has violated a condition of his parole; and upon a finding
of probable cause a digest shall be prepared by the Commission
setting forth in writing the factors considered and the reasons
for the decision, a copy of which shall be given to the parolee
within a reasonable period of time; except that after a finding
of probable cause the Commission may restore any parolee to
parole supervision if--
``(i) continuation of revocation proceedings is not
warranted; or
``(ii) incarceration of the parolee pending further
revocation proceedings is not warranted by the alleged
frequency or seriousness of such violation or
violations;
``(iii) the parolee is not likely to fail to appear
for further proceedings; and
``(iv) the parolee does not constitute a danger to
himself or others; and
``(B) upon a finding of probable cause under subparagraph
(1)(A), a revocation hearing at or reasonably near the place of
the alleged parole violation or arrest within 60 days of such
determination of probable cause, except that a revocation
hearing may be held at the same time and place set for the
preliminary hearing.
``(2) Hearings held pursuant to subparagraph (1) shall be conducted
by the Commission in accordance with the following procedures:
``(A) Notice to the parolee of the conditions of parole
alleged to have been violated, and the time, place, and
purposes of the scheduled hearing.
``(B) Opportunity for the parolee to be represented by an
attorney (retained by the parolee, or if he is financially
unable to retain counsel, counsel shall be provided pursuant to
section 3006A) or, if he so chooses, a representative as
provided by rules and regulations, unless the parolee knowingly
and intelligently waives such representation.
``(C) Opportunity for the parolee to appear and testify,
and present witnesses and relevant evidence.
``(D) Opportunity for the parolee to be apprised of the
evidence against the parolee and, if the parolee so requests,
to confront and cross-examine adverse witnesses, unless the
Commission specifically finds substantial reason for not so
allowing.
``(3) For the purposes of subparagraph (1) of this subsection, the
Commission may subpoena witnesses and evidence, and pay witness fees as
established for the courts of the United States. If a person refuses to
obey such a subpoena, the Commission may petition a court of the United
States for the judicial district in which such parole proceeding is
being conducted, or in which such person may be found, to request such
person to attend, testify, and produce evidence. The court may issue an
order requiring such person to appear before the Commission, when the
court finds such information, thing, or testimony directly related to a
matter with respect to which the Commission is empowered to make a
determination under this section. Failure to obey such an order is
punishable by such court as a contempt. All process in such a case may
be served in the judicial district in which such a parole proceeding is
being conducted, or in which such person may be found.
``(b) Effect of Conviction.--(1) Conviction for any criminal
offense committed subsequent to release on parole shall constitute
probable cause for purposes of subsection (a) of this section. In cases
in which a parolee has been convicted of such an offense and is serving
a new sentence in an institution, a parole revocation warrant or
summons issued pursuant to section 4213 may be placed against the
parolee as a detainer. Such detainer shall be reviewed by the
Commission within one hundred and eighty days of notification to the
Commission of placement. The parolee shall receive notice of the
pending review, have an opportunity to submit a written application
containing information relative to the disposition of the detainer,
and, unless waived, shall have counsel as provided in subsection
(a)(2)(B) of this section to assist him in the preparation of such
application.
``(2) If the Commission determines that additional information is
needed to review a detainer, a dispositional hearing may be held at the
institution where the parolee is confined. The parolee shall have
notice of such hearing, be allowed to appear and testify on his own
behalf, and, unless waived, shall have counsel as provided in
subsection (a)(2)(B) of this section.
``(3) Following the disposition review, the Commission may:
``(A) let the detainer stand; or
``(B) withdraw the detainer.
``(c) Hearing.--Any alleged parole violator who is summoned or
retaken by warrant under section 4213 who knowingly and intelligently
waives the right to a hearing under subsection (a) of this section, or
who knowingly and intelligently admits violation at a preliminary
hearing held pursuant to subsection (a)(1)(A) of this section, or who
is retaken pursuant to subsection (b) of this section, shall receive a
revocation hearing within 90 days of the date of retaking. The
Commission may conduct such hearing at the institution to which he has
been returned, and the alleged parole violator shall have notice of
such hearing, be allowed to appear and testify on his own behalf, and,
unless waived, shall have counsel or another representative as provided
in subsection (a)(2)(B) of this section.
``(d) Actions of the Commission.--Whenever a parolee is summoned or
retaken pursuant to section 4213, and the Commission finds pursuant to
the procedures of this section and by a preponderance of the evidence
that the parolee has violated a condition of his parole the Commission
may take any of the following actions:
``(1) Restore the parolee to supervision.
``(2) Reprimand the parolee.
``(3) Modify the parolee's conditions of the parole.
``(4) Refer the parolee to a residential community
treatment center for all or part of the remainder of his
original sentence.
``(5) Formally revoke parole or release as if on parole
pursuant to this title.
The Commission may take any such action provided it has taken into
consideration whether or not the parolee has been convicted of any
Federal, State, or local crime subsequent to his release on parole, and
the seriousness thereof, or whether such action is warranted by the
frequency or seriousness of the parolee's violation of any other
condition or conditions of his parole.
``(e) Written Notice.--The Commission shall furnish the parolee
with a written notice of its determination not later than 21 days,
excluding holidays, after the date of the revocation hearing. If parole
is revoked, a digest shall be prepared by the Commission setting forth
in writing the factors considered and reasons for such action, a copy
of which shall be given to the parolee.
``(f) Controlled Substance Possession.--Notwithstanding any other
provision of this section, the Commission shall revoke the parole of a
parolee who is found by the Commission to be in possession of a
controlled substance.
``Sec. 4214. Appeal
``(a) Application.--Whenever parole release is denied under section
4205, parole conditions are imposed or modified under section 4208,
parole discharge is denied under section 4210(c), or parole is modified
or revoked under section 4213, the individual to whom any such decision
applies may appeal such decision by submitting a written application to
the National Appeal (Appeals) Board not later than 30 days following
the date on which the decision is rendered.
``(b) Requirement To Act.--The National Appeals Board, upon receipt
of the appellant's papers, must act pursuant to rules and regulations
within 60 days to reaffirm, modify, or reverse the decision and shall
inform the appellant in writing of the decision and the reasons
therefor.
``(c) Attorney General's Request.--The National Appeals Board may
review any decision of a regional commissioner upon the written request
of the Attorney General filed not later than 30 days following the
decision and, by majority vote, shall reaffirm, modify, or reverse the
decision within 60 days of the receipt of the Attorney General's
request. The Board shall inform the Attorney General and the individual
to whom the decision applies in writing of its decision and the reasons
therefor.
``Sec. 4215. Applicability of Administrative Procedure Act
``(a) Generally.-- For purposes of the provisions of chapter 5 of
title 5, United States Code, other than sections 554, 555, 556, and
557, the Commission is an `agency' as defined in such chapter.
``(b) Special Rule.--For purposes of subsection (a) of this
section, section 553(b)(3)(A) of title 5, United States Code, relating
to rulemaking, shall be deemed not to include the phrase `general
statements of policy'.
``(c) Judicial Review.--To the extent that actions of the
Commission pursuant to section 4202(a)(1) are not in accord with
section 553 of title 5, United States Code, they shall be reviewable in
accordance with the provisions of sections 701 through 706 of title 5,
United States Code.
``(d) Nonreviewable Actions.--Actions of the Commission pursuant to
paragraphs (1), (2), and (3) of section 4202(b) shall be considered
actions committed to agency discretion for purposes of section
701(a)(2) of title 5, United States Code.
``Sec. 4216. Definitions
``As used in this chapter--
``(1) the term `Commission' means the United States Parole
Commission;
``(2) the term `Commissioner' means any member of the
United States Parole Commission;
``(3) the term `Director' means the Director of the Bureau
of Prisons;
``(4) the term `eligible prisoner' means any Federal
prisoner who is eligible for parole pursuant to this title or
any other law, including any Federal prisoner whose parole has
been revoked and who is not otherwise ineligible for parole;
``(5) the term `parolee' means any eligible prisoner who
has been released on parole or deemed as if released on parole
under section 4164 or section 4205(f); and
``(6) the term `rules' means rules made by the Commission
under section 4203.''.
SEC. 2. CLERICAL AMENDMENT.
The table of chapters at the beginning of part III of title 18,
United States Code, is amended by inserting before the item relating to
chapter 313 the following new item:
``312. Parole............................................... 4201''.
SEC. 3. PAROLE AUTHORITY FOR CERTAIN PERSONS.
The United States Parole Commission created by the amendments made
by this Act shall also have jurisdiction over the parole of persons
whose parole was governed by the Parole Commission Phase-Out Act of
1996 or section 11231 of Public Law 105-33, and shall exercise parole
authority with respect to those persons under the amendments made by
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E1447)
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line