Federal Probation System Reform Act - Amends the federal criminal code to require the Director of the Administrative Office of the United States Courts to ensure that an appropriate probation or pretrial services officer supervises a person convicted of a federal offense who has been sentenced to probation, placed on probation, or placed on supervised release, or a person accused of such an offense who has been released pending trial, sentence, or appeal, and who is required to wear an electronic monitoring device as a condition of such probation or release, including by: (1) conducting a daily review of any data produced by such device; and (2) conducting an investigation immediately following an electronic monitoring system alert that the Director determines requires investigation.
Prohibits, and sets penalties for, intentionally disabling such a device or allowing another person to disable such device.
Establishes within the United States Probation and Pretrial Services System the Office of the Inspector General for Probation and Pretrial Services, which shall: (1) conduct investigations of alleged misconduct; (2) conduct and supervise audits and investigations; (3) prevent and detect waste, fraud, and abuse; (4) recommend changes in laws or regulations governing probation and pretrial services; and (5) report expeditiously to the Attorney General whenever there are reasonable grounds to believe there has been a violation of federal criminal law. Provides whistleblower protection for an employee who provides information to or otherwise assists the Inspector General in an investigation of a possible violation of federal law or misconduct by a pretrial services or probation officer.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3669 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3669
To amend title 18, United States Code, to provide for increased
supervision of persons required to wear an electronic monitoring device
as a condition of release from prison, to criminalize disabling such an
electronic monitoring device, to establish the Office of the Inspector
General for Probation and Pretrial Services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2013
Mr. Maffei introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for increased
supervision of persons required to wear an electronic monitoring device
as a condition of release from prison, to criminalize disabling such an
electronic monitoring device, to establish the Office of the Inspector
General for Probation and Pretrial Services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Probation System Reform
Act''.
SEC. 2. SUPERVISION OF A PERSON ASSIGNED AN ELECTRONIC MONITORING
DEVICE AS A CONDITION OF RELEASE; PENALTY FOR DISABLING
AN ELECTRONIC MONITORING DEVICE.
(a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 237 the following new chapter:
``CHAPTER 239--ELECTRONIC MONITORING DEVICES
``Sec.
``3801. Supervision of a person assigned an electronic monitoring
device as a condition of release.
``3802. Penalty for disabling an electronic monitoring device.
``Sec. 3801. Supervision of a person assigned an electronic monitoring
device as a condition of release
``(a) In General.--In the case of a person who was convicted of a
Federal offense who has been sentenced to probation pursuant to
subchapter B of chapter 227, placed on probation pursuant to the
provisions of chapter 403, or placed on supervised release pursuant to
section 3583, or a person accused of such an offense who has been
released pending trial, sentence, or appeal pursuant to chapter 207,
who is required to wear an electronic monitoring device as a condition
of such probation or release, the Director of the Administrative Office
of the United States Courts shall ensure that an appropriate probation
officer or pretrial services officer supervises the person by doing the
following:
``(1) Conducting a daily review of any data produced by the
electronic monitoring device worn by the person.
``(2) In the case of an alert produced by an electronic
monitoring system that the Director determines requires an
investigation, conducting an investigation immediately
following the alert, including--
``(A) contacting the person;
``(B) inspecting the electronic monitoring device;
and
``(C) documenting the alert and the response taken.
``(b) Uniform Standards.--Not later than 60 days after the date of
the enactment of this section, the Director of the Administrative
Office of the United States Courts shall issue uniform standards in
order to implement subsection (a).
``Sec. 3802. Penalty for disabling an electronic monitoring device
``(a) Offense.--Whoever--
``(1) intentionally disables an electronic monitoring
device that was assigned to a person as a condition of
probation pursuant to subchapter B of chapter 227 or chapter
403, supervised release pursuant to section 3583, or release
pending trial, sentence, or appeal pursuant to chapter 207; or
``(2) having been assigned an electronic monitoring device
as a condition of probation pursuant to subchapter B of chapter
227 or chapter 403, supervised release pursuant to section
3583, or release pending trial, sentence, or appeal pursuant to
chapter 207, intentionally allows another person to disable
such device;
shall be punished as provided in subsection (b).
``(b) Punishment.--The punishment for an offense under subsection
(a) is--
``(1) if the person to whom the electronic monitoring
device was assigned commits a Federal, State, or local offense
in addition to violating subsection (a) upon the disabling of
such device, a fine under this title or imprisonment for not
more than 4 years; or
``(2) if the person to whom the electronic monitoring
device was assigned does not commit a Federal, State or local
crime in addition to violating subsection (a) upon the
disabling of such device, a fine under this title or
imprisonment for not more than 1 year.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 237 the following:
``239. Electronic Monitoring Devices........................ 3801''.
SEC. 3. INSPECTOR GENERAL FOR PROBATION AND PRETRIAL SERVICES.
(a) In General.--Chapter 207 of part II of title 18, United States
Code, is amended--
(1) by redesignating sections 3155 and 3156 as sections
3156 and 3157, respectively;
(2) after section 3154, by inserting the following:
``Sec. 3155. Inspector General for Probation and Pretrial Services
``(a) Establishment.--There is established within pretrial services
(commonly referred to as the United States Probation and Pretrial
Services System) the Office of the Inspector General for Probation and
Pretrial Services (referred to in this section as the `Office').
``(b) Appointment, Term, and Removal of Inspector General.--
``(1) Appointment.--The head of the Office shall be the
Inspector General, who shall be appointed by the Chief Justice
of the United States after consultation with the majority and
minority leaders of the Senate and the Speaker and minority
leader of the House of Representatives.
``(2) Term.--The Inspector General shall serve for a term
of four years and may be reappointed by the Chief Justice of
the United States for any number of additional terms.
``(3) Removal.--The Inspector General may be removed from
office by the Chief Justice of the United States. The Chief
Justice shall communicate the reasons for any such removal to
both Houses of Congress.
``(c) Duties.--With respect to probation and pretrial services, the
Office shall--
``(1) conduct investigations of alleged misconduct;
``(2) conduct and supervise audits and investigations;
``(3) prevent and detect waste, fraud, and abuse; and
``(4) recommend changes in laws or regulations governing
probation and pretrial services.
``(d) Powers.--
``(1) In general.--In carrying out the duties of the
Office, the Inspector General shall have the power--
``(A) to make investigations and reports;
``(B) to obtain information or assistance from any
Federal, State, or local governmental agency, or other
entity, or unit thereof, including all information kept
in the normal course of business by probation and
pretrial services in any judicial district;
``(C) to require, by subpoena or otherwise, the
attendance and testimony of such witnesses, and the
production of such books, records, correspondence
memoranda, papers, and documents; which subpoena, in
the case of contumacy or refusal to obey, shall be
enforceable by civil action;
``(D) to administer to or take from any person an
oath, affirmation, or affidavit;
``(E) to employ such officers and employees,
subject to the provisions of title 5, governing
appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates;
``(F) to obtain services authorized by section 3109
of title 5 at daily rates not to exceed the equivalent
rate prescribed for grade GS-18 of the General Schedule
by section 5332 of title 5; and--
``(G) to the extent and in such amounts as may be
provided in advance by appropriations Acts, to enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and to make such
payments as may be necessary to carry out the duties of
the Office.
``(2) Limitation.--The Inspector General shall not have the
authority to--
``(A) investigate or review any matter that is
directly related to the merits of a decision or
procedural ruling by any judge or court; or
``(B) punish or discipline any pretrial services
officer or probation officer.
``(e) Reports.--
``(1) When to be made.--The Inspector General shall--
``(A) make an annual report to the Director of the
Administrative Office of the United States Courts and
to Congress relating to the activities of the Office;
and
``(B) make prompt reports to the Director and to
Congress on matters that may require action by them.
``(2) Sensitive matter.--If a report contains sensitive
matter, the Inspector General may so indicate and Congress may
receive that report in closed session.
``(3) Duty to inform attorney general.--In carrying out the
duties of the Office, the Inspector General shall report
expeditiously to the Attorney General whenever the Inspector
General has reasonable grounds to believe there has been a
violation of Federal criminal law.
``(f) Whistleblower Protection.--
``(1) In general.--No officer, employee, agent, contractor,
or subcontractor of pretrial services may discharge, demote,
threaten, suspend, harass, or in any other manner discriminate
against an employee in the terms and conditions of employment
because of any lawful act done by the employee to provide
information, cause information to be provided, or otherwise
assist in an investigation regarding any possible violation of
Federal law or regulation, or misconduct, by a pretrial
services officer or probation officer, which may assist the
Inspector General in the performance of duties under this
chapter.
``(2) Civil action.--An employee injured in violation of
paragraph (1) may, in a civil action, obtain appropriate
relief.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Clerical Amendments.--Chapter 207 of part II of title 18,
United States Code, is amended--
(1) in section 3157(b) (as redesignated by this Act) is
amended by striking ``3152-3155'' and inserting ``3152-3156'';
and
(2) in the table of sections, after the item relating to
section 3154, by inserting the following:
``3155. Inspector General for Probation and Pretrial Services.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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