HR 3072 IH
H. R. 3072
To revive the system of parole for
Federal prisoners, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 27, 2005
Mr. DAVIS of Illinois introduced the
following bill; which was referred to the Committee on the Judiciary
To revive the system of parole for
Federal prisoners, and for other purposes.
it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. PAROLE.
III of title 18, United States Code, is amended by inserting before chapter 313
Parole Commission created.
Powers and duties of the Commission.
Powers and duties of the Chairman.
Time of eligibility for release on parole.
Parole determination criteria.
Parole determination proceeding; time.
Conditions of parole.
Jurisdiction of Commission.
Early termination of parole.
Summons to appear or warrant for retaking of parolee.
Revocation of parole.
Applicability of Administrative Procedure Act.
`Sec. 4201. Definitions
used in this chapter--
the term `Commission' means the United States Parole Commission;
the term `Commissioner' means any member of the United States Parole
the term `Director' means the Director of the Bureau of Prisons;
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whose parole has been revoked and who is not otherwise ineligible for parole;
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
the term `rules' means rules made by the Commission under section 4203.
`Sec. 4202. Parole Commission created
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.
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.
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.
`Sec. 4203. Powers and duties of the Commission
Administrative Powers- The Commission shall meet at least quarterly, and by
majority vote shall--
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;
create such regions as are necessary to carry out this chapter; and
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.
Substantive Powers- The Commission, by majority vote, and pursuant to the
procedures set out in this chapter, shall have the power to--
grant or deny an application or recommendation to parole any eligible prisoner;
impose reasonable conditions on an order granting parole;
modify or revoke an order paroling any eligible prisoner; and
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.
Delegation- The Commission, by majority vote, and pursuant to rules and
may delegate to any Commissioner or commissioners powers enumerated in
subsection (b) of this section;
may delegate to administrative law judges 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 subpoenas 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;
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
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.
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.
Cooperation With States-
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)--
the names of such individuals;
the addresses of such individuals;
the dates of birth of such individuals;
the Federal Bureau of Investigation numbers assigned to such individuals;
photographs and fingerprints of such individuals; and
the nature of the offenses against the United States of which each such
individual has been convicted and the factual circumstances relating to such
NONDISSEMINATION REQUIREMENT- Any law enforcement agency which receives
information under this subsection shall not disseminate such information
outside of such agency.
`Sec. 4204. Powers and duties of the Chairman
Generally- The Chairman shall--
convene and preside at meetings of the Commission under section 4203 and such
additional meetings of the Commission as the Chairman may call or as may be
requested in writing by at least three Commissioners;
appoint, fix the compensation of, assign, and supervise all personnel employed
by the Commission except that--
the appointment of any administrative law judge shall be subject to approval of
the Commission within the first year of judge's employment; and
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 11 of the General Schedule pay rates (5 U.S.C.
assign duties among officers and employees of the Commission, including
Commissioners, so as to balance the workload and provide for orderly
direct the preparation of requests for appropriations for the Commission, and
the use of funds made available to the Commission;
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 4203, 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;
serve as spokesman for the Commission and report annually to Congress on the
activities of the Commission; and
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.
Administrative Powers- The Chairman shall have the power to--
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;
accept voluntary and uncompensated services, notwithstanding section 1342 of
procure for the Commission temporary and intermittent services under section
3109(b) of title 5, United States Code;
collect systematically the data obtained from studies, research, and the
empirical experience of public and private agencies concerning the parole
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
publish data concerning the parole process;
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
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.
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
`Sec. 4205. Time of eligibility for release on parole
Generally- Whenever confined and serving a definite term or terms of one year
or more, 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
or of a sentence of over 25 years notwithstanding any other statute to the
contrary. A prisoner convicted under the law of the District of Columbia shall
be subject to the guidelines used by the former District of Columbia board of
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, may--
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 ten years; or
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.
Information for Court-
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).
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.
COURT ORDER- After receiving such reports and recommendations, the court may in
place the offender on probation as authorized by section 3561; or
affirm the sentence of imprisonment originally imposed, or reduce the sentence
of imprisonment, and commit the offender under any applicable provision of law.
COMMENCEMENT OF TERM OF SENTENCE- The term of the sentence shall run from the
date of original commitment under this section.
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 convictions,
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
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.
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.
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.
`Sec. 4206. Parole determination criteria
Generally- An eligible prisoner shall be granted parole, subject to subsections
(b) and (c), and pursuant to guidelines issued by the Commission, if the
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--
depreciate the seriousness of his offense or promote disrespect for the law; or
jeopardize the public welfare;, such prisoner shall be released.
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.
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 in detail the information relied upon.
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,
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. 4207. Information considered
making a determination under this chapter (relating to release on parole) the
Commission shall consider, if available and relevant--
reports and recommendations which the staff of the facility in which such
prisoner is confined may make;
official reports of the prisoner's prior criminal record, including a report or
record of earlier probation and parole experiences;
presentence investigation reports;
recommendations regarding the prisoner's parole made at the time of sentencing
by the sentencing judge;
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;
reports of physical, mental, or psychiatric examination of the offender;
release plans submitted by the prisoner and correctional staff; and
such additional relevant information concerning the prisoner (including
information submitted by the prisoner) as may be reasonably available.
`Sec. 4208. Parole determination proceeding; time
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 4205 shall be held not later than 60 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 4205 or released on parole and whose parole has been revoked shall be
held not later than 90 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.
Preparation- (1) At least 60 days before any parole determination proceeding,
the prisoner shall be provided with--
written notice of the time and place of the proceeding; and
reasonable access to a report or other document to be used by the Commission in
making its determination, including the parole analyst summary.
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.
Exceptions to Disclosure- (1) Subsection (b)(1)(B) does not apply to--
diagnostic opinions which, if made known to the eligible prisoner, could lead
to a serious disruption of his institutional program;
any document which reveals sources of information obtained upon a promise of
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 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.
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
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
Personal Appearance of Prisoner- The prisoner shall be allowed to appear and
testify on his own behalf at the parole determination proceeding, and may be
accompanied by a legal spouse if the spouse is approved for visitation at the
facility in which the prisoner is housed.
Record- A full and complete audio and video 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
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
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:
12 months in the case of a prisoner with a term or terms of more than one year
but less than ten years; and
18 months in the case of a prisoner with a term or terms of ten years or
`Sec. 4209. Conditions of parole
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.
Other Conditions- The Commission may impose or modify other conditions of parole
to the extent that such conditions are reasonably related to--
the nature and circumstances of the offense; and
the history and characteristics of the parolee;
may provide for such supervision and other limitations as are reasonable to protect
the public welfare.
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.
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
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
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.
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.
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.
A parolee may petition the Commission on his own behalf for a modification of
conditions pursuant to this section.
The provisions of this subsection shall not apply to modifications of parole
conditions pursuant to a revocation proceeding under section 4214.
`Sec. 4210. Jurisdiction of Commission
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.
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
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
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.
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
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.
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. 4211. Early termination of parole
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 4210.
Review- (1) 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
The Commission shall establish early termination guidelines and there shall be
a presumption that the parolee shall be terminated at the designated time
unless detailed written reasons are offered by the Commission that prove the
parolee would be a danger to the public safety.
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 4214(a)(2), that such supervision should not be
terminated because there is a likelihood that the parolee will engage in
conduct violating any criminal law.
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
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. 4212. Aliens
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. 4213. Summons to appear or warrant for retaking of parolee
In General- If any parolee is alleged to have violated his parole, the
summon such parolee to appear at a hearing conducted pursuant to section 4213;
issue a warrant and retake the parolee as provided in this section.
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.
Contents- Any summons or warrant issued pursuant to this section shall provide
the parolee with written notice of--
the conditions of parole he is alleged to have violated as provided under
the parolee's rights under this chapter; and
the possible action which may be taken by the Commission.
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. 4214. Revocation of parole
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 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--
continuation of revocation proceedings is not warranted; or
incarceration of the parolee pending further revocation proceedings is not
warranted by the alleged frequency or seriousness of such violation or
the parolee is not likely to fail to appear for further proceedings; and
the parolee does not constitute a danger to himself or others; and
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
Hearings held pursuant to subparagraph (1) shall be conducted by the Commission
in accordance with the following procedures:
Notice to the parolee of the conditions of parole alleged to have been
violated, and the time, place, and purposes of the scheduled hearing.
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.
Opportunity for the parolee to appear and testify, and present witnesses and
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
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.
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.
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.
Following the disposition review, the Commission may:
let the detainer stand; or
withdraw the detainer.
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.
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:
Restore the parolee to supervision.
Reprimand the parolee.
Modify the parolee's conditions of the parole.
Refer the parolee to a residential community treatment center for all or part
of the remainder of his original sentence.
Formally revoke parole or release as if on parole pursuant to this title.
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.
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.
`Sec. 4215. Appeal
Application- Whenever an individual disputes the time of eligibility for
release under section 4205, parole release is denied under section 4206, parole
conditions are imposed or modified under section 4209, parole discharge is
denied under section 4211(b) or (c), or parole is modified or revoked under
section 4214, 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 60 days following the date on which the decision is
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.
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. 4216. Applicability of Administrative Procedure Act
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.
Special Rule- For purposes of subsection (a) of this section, section
553(b)(3)(A) of title 5, United States Code, relating to rulemaking, does not
include the phrase `general statements of policy'.
Judicial Review- To the extent that actions of the Commission pursuant to
section 4203(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.'.
SEC. 2. CLERICAL AMENDMENT.
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
SEC. 3. GOOD TIME CREDITS.
III of title 18, United States Code, is amended by inserting after chapter 309
`CHAPTER 310--GOOD TIME CREDITS
Industrial good time.
Released prisoner as parolee.
Forfeiture for offense.
Restoration of forfeited commutation.
`Sec. 4161. Computation generally
Each prisoner convicted of an offense against the United States and confined in
a penal or correctional institution for a definite term other than for life,
whose record of conduct shows that he has faithfully observed all the rules and
has not been subjected to punishment, shall be entitled to a deduction from the
term of his sentence beginning with the day on which the sentence commences to
run, as follows:
days for each month, if the sentence is not less than six months and not more
than one year.
days for each month, if the sentence is more than one year and less than three
days for each month, if the sentence is not less than three years and less than
days for each month, if the sentence is not less than five years and less than
days for each month, if the sentence is ten years or more.
When two or more consecutive sentences are to be served, the aggregate of the
several sentences shall be the basis upon which the deduction shall be
`Sec. 4162. Industrial good time
A prisoner may, in the discretion of the Attorney General, be allowed a
deduction from his sentence of not to exceed three days for each month of any
year or any part thereof.
In the discretion of the Attorney General such allowance may also be made to a
prisoner performing exceptionally meritorious service or performing duties of
outstanding importance in connection with institutional operations.
A prisoner may, in the discretion of the Attorney General, be allowed a
deduction from his sentence of up to three additional days for each month or
part thereof for superior program achievement. Superior program achievement
includes, but is not limited to, satisfactory progress towards degrees from
accredited educational institutions or completion certificates from vocational technical
or rehabilitative programs and teaching such courses of study. Each inmate
shall be permitted to substitute Bureau certified educational programs in place
of institutional employment or be allowed to do both. Such extra good time
allowances shall be in addition to commutation of time for good conduct under
section 4161 and under the same terms and conditions and without regard to
length of sentence.
`Sec. 4163. Discharge
current and future sentences shall be recalculated by the Director of the Bureau
of Prisons based upon the criteria set forth in sections 4161 and 4162(a), (b),
and (c), notwithstanding any other statute to the contrary. Except as
hereinafter provided a prisoner shall be released at the expiration of his term
of sentence less the time deducted for good conduct. A certificate of such
deduction shall be entered on the commitment by the warden or keeper. If such
release date falls upon a Saturday, a Sunday, or on a Monday which is a legal
holiday at the place of confinement, the prisoner may be released at the
discretion of the warden or keeper on the preceding Friday. If such release
date falls on a holiday which falls other than on Saturday, Sunday, or Monday,
the prisoner may be released at the discretion of the warden or keeper on the
day preceding the holiday.
`Sec. 4164. Released prisoner as parolee
prisoner having served his term or terms less good-time deductions shall, upon
release, be deemed as if released on parole until the expiration of the maximum
term or terms for which he was sentenced less one hundred and eighty days. This
section shall not prevent delivery of a prisoner to the authorities of any
State otherwise entitled to his custody.
`Sec. 4165. Forfeiture for offense
during the term of imprisonment a prisoner commits any offense or violates the
rules of the institution, all or any part of his earned good time may be
`Sec. 4166. Restoration of forfeited commutation
Attorney General may restore any forfeited or lost good time or such portion
thereof as he deems proper upon recommendation of the Director of the Bureau of
SEC. 4. CLERICAL AMENDMENT.
table of chapters at the beginning of part III of title 18, United States Code,
is amended by inserting after the item relating to chapter 309 the following
SEC. 5. PAROLE AUTHORITY FOR CERTAIN PERSONS.
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.
SEC. 6. COMPASSIONATE RELEASE.
Earlier Possible Compassionate Release Under Existing Law- Section 3582(c) of
title 18, United States Code, is amended--
by striking `70' and inserting `65'; and
by striking `30' and inserting `25'.
New Mandatory Compassionate Release Option- Section 3624 of title 18, United
States Code, is amended--
in subsection (a), by inserting `at the early release date provided in
subsection (g), if applicable, or otherwise' after `A prisoner shall be
released by the Bureau of Prisons'; and
by adding at the end the following:
Compassionate Release- Notwithstanding any other provision of law, the Bureau
of Prisons shall consider release from confinement if that prisoner--
has served 25 years or more of his term of imprisonment (including any
consecutive term or terms of imprisonment);
has reached the age of 65; and
has not engaged in any violation of institutional disciplinary regulation
involving violent aggressive conduct.'.
SEC. 7. RETROSPECTIVE AND PROSPECTIVE APPLICATION.
Act and the amendments made by this Act apply to prisoners whose convictions
occur before, on, or after the date of the enactment of this Act.
American Correctional Association
(Supports Federal Parole- 8/16/2006):
ACA Resolution on the Reinstatement of a System of Parole For
P.O. Box 15667
Plantation, Florida 33318-5667
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