Safer Supervision Act of 2022
This bill modifies provisions relating to the terms of supervised release after imprisonment, including by (1) requiring individualized assessments and written explanations by the court as to whether supervised release is appropriate, and (2) providing a presumption of early termination of supervised release if the individual has served half of the term and meets certain other criteria.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5040 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5040
To amend title 18, United States Code, to provide appropriate standards
for the inclusion of a term of supervised release after imprisonment,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. Coons (for himself, Mr. Cornyn, Mr. Durbin, Mr. Lee, Mr. Booker,
Mr. Blunt, Mr. Cramer, and Mr. Wicker) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide appropriate standards
for the inclusion of a term of supervised release after imprisonment,
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 ``Safer Supervision Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 110,000 people were on Federal supervised release
as of June 2021.
(2) The Supreme Court of the United States explained in
Johnson v. United States that ``Supervised release departed
from the parole system it replaced by giving district courts
the freedom to provide postrelease supervision for those, and
only those, who needed it. . . . Congress aimed, then, to use
the district courts' discretionary judgment to allocate
supervision to those releasees who needed it most.''.
(3) Federal probation officers report significant caseloads
that can exceed 100 cases per officer. This can create a
difficult burden for the officers and limit their ability to
provide appropriate supervision to those who need it.
(4) The potential for early termination or other
modifications of supervision, when consistent with public
safety, can not only reduce burdens and save valuable judicial
resources, but also create positive incentives for compliance
and rehabilitation consistent with the purposes of supervision.
In the 12-month period ending in June 2021, early terminations
were 23 percent of successful supervised release closures.
(5) The Administrative Office of the United States Courts
has explained that ``excessive correctional intervention for
low-risk defendants may increase the probability of recidivism
by disrupting prosocial activities and exposing defendants to
antisocial associates.''.
(6) Supervised release is and should remain an important
tool for the Federal courts to use, as appropriate, to, among
other items, protect the public from further crimes, deter
future criminal conduct, and help the defendant become a
contributing member of society by recovering from substance use
disorder, participating in rehabilitation and training
programs, and providing restitution to victims, among other
outcomes.
(7) Better tailoring when and how supervised release is
imposed, encouraging early termination when appropriate, and
expanding judicial discretion on certain revocations will
reduce burdens on law enforcement officers and taxpayers,
encourage compliance and improve public safety, and better
assist defendants in their pursuit of rehabilitation and
reintegration, to the benefit of themselves, victims, and
communities.
SEC. 3. INCLUSION OF A TERM OF SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``The court'' and inserting the
following:
``(1) In general.--The court''; and
(B) by adding at the end the following:
``(2) Individualized assessment.--When determining whether
to include a term of supervised release as part of the
sentence, and except to the extent that a term of supervised
release is required by statute as described in paragraph (1),
the court shall--
``(A) make an individualized assessment under the
factors set forth in subsections (c) and (d) as to--
``(i) whether such a term is appropriate;
and
``(ii) the appropriate length and
conditions of such a term; and
``(B) provide the reasons of the court for imposing
or not imposing such a term on the record.'';
(2) in subsection (d), in the fifth sentence, by striking
``shall also'' and inserting ``may also'';
(3) in subsection (e)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
adjusting the margins accordingly;
(B) by striking ``The court may,'' and inserting
the following:
``(1) In general.--Subject to paragraph (2), the court
may,'';
(C) in subparagraph (A), as so redesignated, by
striking ``after the expiration of one year of
supervised release'';
(D) in subparagraph (C), as so redesignated, by
striking ``this paragraph'' and inserting ``this
subparagraph'';
(E) in subparagraph (D), as so redesignated, by
striking ``this paragraph'' and inserting ``this
subparagraph''; and
(F) by adding at the end the following:
``(2) Termination of supervised release.--For purposes of
the termination of supervised release under paragraph (1)(A)--
``(A) after a defendant has served 50 percent of
the term of supervised release imposed on the
defendant, the Administrative Office of the United
States Courts shall provide notice to a defendant,
defendant's counsel, and any local Federal Public
Defender Organization or Community Defender
Organization of the opportunity to seek early
termination of supervised release under paragraph
(1)(A) and the process for doing so;
``(B) there shall be a presumption of early
termination of supervised release for a defendant under
supervision if--
``(i)(I) for a defendant serving a term of
supervised release imposed in connection with a
conviction for an offense described in
subsection (a) of section 16, the defendant has
served 66.6 percent of the term of supervised
release imposed on the defendant; or
``(II) for a defendant other than a
defendant described in subclause (I), the
defendant has served 50 percent of the term of
supervised release imposed on the defendant;
``(ii) the defendant has demonstrated good
conduct and compliance while on supervised
release; and
``(iii) the early termination will not
jeopardize public safety;
``(C) the Government shall have an opportunity to
object to a request for termination of supervised
release and to present evidence, which the defendant
shall have the opportunity to rebut, in any proceeding
relating to such request; and
``(D) crime victims' rights under section 3771
shall apply to any proceeding relating to a request for
early termination of supervised release.
``(3) Public safety.--In assessing whether early
termination will not jeopardize public safety under this
subsection, the court shall consider the nature of the offense
committed by the defendant, the defendant's criminal history,
the defendant's record while incarcerated (including good
behavior and violations of prison rules), the defendant's
efforts to reintegrate into the community and to avoid
recidivism, any statements or information provided by victims
of the offense, and other factors the court may find relevant
to public safety.
``(4) Assistance of counsel.--The court may appoint a
Federal public defender, a community defender, or other counsel
qualified to be appointed under section 3006A to assist a
defendant seeking early termination of supervised release under
paragraph (1)(A) or modification of conditions under paragraph
(1)(B).
``(5) Rule of construction.--Paragraph (2)(B) shall not be
construed to limit the discretion of a court under paragraph
(1).'';
(4) in subsection (g)--
(A) in the subsection heading, by striking
``Possession of Controlled Substance or Firearm or for
Refusal to Comply With Drug Testing'' and inserting
``Distribution of a Controlled Substance or Possession
of a Firearm'';
(B) by amending paragraph (1) to read as follows:
``(1)(A) possesses a controlled substance with the intent
to distribute; or
``(B) possesses a controlled substance, the possession of
which may be punished by imprisonment for a term exceeding 1
year;'';
(C) in paragraph (2), by inserting ``or'' at the
end;
(D) by amending paragraph (3) to read as follows:
``(3) willfully refuses to comply with drug testing imposed
as a condition of supervised release;'';
(E) by striking paragraph (4); and
(F) in the matter following paragraph (4), by
striking ``subsection (e)(3)'' and inserting
``subsection (e)(1)(C)''; and
(5) in subsection (k), in the second sentence, by striking
``subsection (e)(3)'' and inserting ``subsection (e)(1)(C)''.
SEC. 4. LAW ENFORCEMENT AVAILABILITY PAY FOR PROBATION AND PRETRIAL
SERVICES OFFICERS.
Not later than 180 days after the date of enactment of this Act,
the Director of the Administrative Office of the United States Courts,
in consultation with the Director of the Office of Personnel
Management, shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report containing a legislative proposal, and
considerations for implementation of the proposal, that would provide
law enforcement availability pay to Federal probation officers and pre-
trial services officers that is equal to that provided to criminal
investigators under section 5545a of title 5, United States Code.
SEC. 5. GAO REPORT.
(a) Initiation of Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a study on Federal post-release supervision and reentry
services.
(b) Report.--The Comptroller General of the United States shall
submit to Congress a report regarding the study under subsection (a),
which shall include findings and potential recommendations related to--
(1) the number of individuals that have been placed on
Federal probation or supervised release since 2019;
(2) the process for transitioning an individual from the
custody of the Bureau of Prisons to the Office of Probation and
Pretrial Services or the custody of the United States Marshals
Service;
(3) a review of Federal programs or funding sources that
aim to assist individuals from the custody of the Bureau of
Prisons with reentry, including--
(A) ongoing mental health and substance use
counseling, housing, medical care, education, and job
placement; and
(B) any changes in such programs or funding since
2019; and
(4) a workforce assessment of judicial districts, including
an analysis of--
(A) during 2020 and 2021, the number of officers,
officer caseloads, and overtime hours worked, reported,
or accrued; and
(B) the system for tracking overtime hours worked
by officers of the Office of Probation and Pretrial
Services.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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