I 

109TH CONGRESS 

1ST SESSION 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 

A BILL 

To revive the system of parole for Federal prisoners, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PAROLE. 

4 Part III of title 18, United States Code, is amended 

5 by inserting before chapter 313 the following: 

6 ‘‘CHAPTER 312—PAROLE 

‘‘Sec. 

‘‘4201. Definitions. 

‘‘4202. Parole Commission created. 

‘‘4203. Powers and duties of the Commission. 

‘‘4204. Powers and duties of the Chairman. 

‘‘4205. Time of eligibility for release on parole. 

‘‘4206. Parole determination criteria. 

‘‘4207. Information considered. 

‘‘4208. Parole determination proceeding; time. 

‘‘4209. Conditions of parole. 
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‘‘4210. Jurisdiction of Commission. 

‘‘4211. Early termination of parole. 

‘‘4212. Aliens. 

‘‘4213. Summons to appear or warrant for retaking of parolee. 

‘‘4214. Revocation of parole. 

‘‘4215. Appeal. 

‘‘4216. Applicability of Administrative Procedure Act. 

1 ‘‘§ 4201. Definitions 

2 ‘‘As used in this chapter— 

3 ‘‘(1) the term ‘Commission’ means the United 

4 States Parole Commission; 

5 ‘‘(2) the term ‘Commissioner’ means any mem6 ber of the United States Parole Commission; 

7 ‘‘(3) the term ‘Director’ means the Director of 

8 the Bureau of Prisons; 

9 ‘‘(4) the term ‘eligible prisoner’ means any Fed10 eral prisoner who is eligible for parole pursuant to 

11 this title or any other law, including any Federal 

12 prisoner whose parole has been revoked and who is 

13 not otherwise ineligible for parole; 

14 ‘‘(5) the term ‘parolee’ means any eligible pris15 oner who has been released on parole or deemed as 

16 if released on parole under section 4164 or section 

17 4205(f); and 

18 ‘‘(6) the term ‘rules’ means rules made by the 

19 Commission under section 4203. 

20 ‘‘§ 4202. Parole Commission created 

21 ‘‘(a) GENERALLY.—There is hereby established, as 

22 an independent agency in the Department of Justice, a 
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1 United States Parole Commission which shall be com2 prised of nine members appointed by the President, by and 

3 with the advice and consent of the Senate. The President 

4 shall designate from among the Commissioners one to 

5 serve as Chairman. 

6 ‘‘(b) TERM.—The term of office of a Commissioner 

7 shall be six years, except that the term of a person ap8 pointed as a Commissioner to fill a vacancy shall expire 

9 six years from the date upon which such person was ap10 pointed and qualified. Upon the expiration of a term of 

11 office of a Commissioner, the Commissioner shall continue 

12 to act until a successor has been appointed and qualified, 

13 except that no Commissioner may serve in excess of twelve 

14 years. 

15 ‘‘(c) COMPENSATION.—Commissioners shall be com16 pensated at the highest rate now or hereafter prescribed 

17 for grade 18 of the General Schedule pay rates (5 U.S.C. 

18 5332). 

19 ‘‘§ 4203. Powers and duties of the Commission 

20 ‘‘(a) ADMINISTRATIVE POWERS.—The Commission 

21 shall meet at least quarterly, and by majority vote shall— 

22 ‘‘(1) make rules establishing guidelines for the 

23 powers enumerated in subsection (b) of this section 

24 and such other rules and regulations as are nec-
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1 essary to carry out a national parole policy and the 

2 purposes of this chapter; 

3 ‘‘(2) create such regions as are necessary to 

4 carry out this chapter; and 

5 ‘‘(3) ratify, revise, or deny any request for reg6 ular, supplemental, or deficiency appropriations, 

7 prior to the submission of the requests to the Office 

8 of Management and Budget by the Chairman, which 

9 requests shall be separate from those of any other 

10 agency of the Department of Justice. 

11 ‘‘(b) SUBSTANTIVE POWERS.—The Commission, by 

12 majority vote, and pursuant to the procedures set out in 

13 this chapter, shall have the power to— 

14 ‘‘(1) grant or deny an application or rec15 ommendation to parole any eligible prisoner; 

16 ‘‘(2) impose reasonable conditions on an order 

17 granting parole; 

18 ‘‘(3) modify or revoke an order paroling any eli19 gible prisoner; and 

20 ‘‘(4) request probation officers and other indi21 viduals, organizations, and public or private agencies 

22 to perform such duties with respect to any parolee 

23 as the Commission deems necessary for maintaining 

24 proper supervision of and assistance to such parol25 ees; and so as to assure that no probation officers, 
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1 individuals, organizations, or agencies shall bear ex2 cessive caseloads. 

3 ‘‘(c) DELEGATION.—The Commission, by majority 

4 vote, and pursuant to rules and regulations— 

5 ‘‘(1) may delegate to any Commissioner or com6 missioners powers enumerated in subsection (b) of 

7 this section; 

8 ‘‘(2) may delegate to administrative law judges 

9 any powers necessary to conduct hearings and pro10 ceedings, take sworn testimony, obtain and make a 

11 record of pertinent information, make findings of 

12 probable cause and issue subpoenas for witnesses or 

13 evidence in parole revocation proceedings, and rec14 ommend disposition of any matters enumerated in 

15 subsection (b) of this section, except that any such 

16 findings or recommendations shall be based upon the 

17 concurrence of not less than two hearing examiners; 

18 ‘‘(3) may delegate authority to conduct hear19 ings held pursuant to section 4214 to any officer or 

20 employee of the executive or judicial branch of Fed21 eral or State government; and 

22 ‘‘(4) may review, or may delegate to the Na23 tional Appeals Board the power to review, any deci24 sion made pursuant to subparagraph (1) of this sub25 section except that any such decision so reviewed 
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1 must be reaffirmed, modified or reversed within thir2 ty days of the date the decision is rendered, and, in 

3 case of such review, the individual to whom the deci4 sion applies shall be informed in writing of the Com5 mission’s actions with respect thereto and the rea6 sons for such actions. 

7 ‘‘(d) QUORUM.—Except as otherwise provided by law, 

8 any action taken by the Commission pursuant to sub9 section (a) of this section shall be taken by a majority 

10 vote of all individuals currently holding office as members 

11 of the Commission which shall maintain and make avail12 able for public inspection a record of the final vote of each 

13 member on statements of policy and interpretations adopt14 ed by it. In so acting, each Commissioner shall have equal 

15 responsibility and authority, shall have full access to all 

16 information relating to the performance of such duties and 

17 responsibilities, and shall have one vote. 

18 ‘‘(e) COOPERATION WITH STATES.— 

19 ‘‘(1) GENERALLY.—The Commission shall, 

20 upon the request of the head of any law enforcement 

21 agency of a State or of a unit of local government 

22 in a State, make available as expeditiously as pos23 sible to such agency, with respect to individuals who 

24 are under the jurisdiction of the Commission, who 

25 have been convicted of felony offenses against the 
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1 United States, and who reside, are employed, or are 

2 supervised in the geographical area in which such 

3 agency has jurisdiction, the following information 

4 maintained by the Commission (to the extent that 

5 the Commission maintains such information)— 

6 ‘‘(A) the names of such individuals; 

7 ‘‘(B) the addresses of such individuals; 

8 ‘‘(C) the dates of birth of such individuals; 

9 ‘‘(D) the Federal Bureau of Investigation 

10 numbers assigned to such individuals; 

11 ‘‘(E) photographs and fingerprints of such 

12 individuals; and 

13 ‘‘(F) the nature of the offenses against the 

14 United States of which each such individual has 

15 been convicted and the factual circumstances 

16 relating to such offense. 

17 ‘‘(2) NONDISSEMINATION REQUIREMENT.—Any 

18 law enforcement agency which receives information 

19 under this subsection shall not disseminate such in20 formation outside of such agency. 

21 ‘‘§ 4204. Powers and duties of the Chairman 

22 ‘‘(a) GENERALLY.—The Chairman shall— 

23 ‘‘(1) convene and preside at meetings of the 

24 Commission under section 4203 and such additional 

25 meetings of the Commission as the Chairman may 
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1 call or as may be requested in writing by at least 

2 three Commissioners; 

3 ‘‘(2) appoint, fix the compensation of, assign, 

4 and supervise all personnel employed by the Com5 mission except that— 

6 ‘‘(A) the appointment of any administra7 tive law judge shall be subject to approval of 

8 the Commission within the first year of judge’s 

9 employment; and 

10 ‘‘(B) regional Commissioners shall appoint 

11 and supervise such personnel employed regu12 larly and full time in their respective regions as 

13 are compensated at a rate up to and including 

14 grade 11 of the General Schedule pay rates (5 

15 U.S.C. 5332); 

16 ‘‘(3) assign duties among officers and employ17 ees of the Commission, including Commissioners, so 

18 as to balance the workload and provide for orderly 

19 administration; 

20 ‘‘(4) direct the preparation of requests for ap21 propriations for the Commission, and the use of 

22 funds made available to the Commission; 

23 ‘‘(5) designate not fewer than three Commis24 sioners to serve on the National Appeals Board of 

25 whom one shall be so designated to serve as vice 
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1 chairman of the Commission (who shall act as 

2 Chairman of the Commission in the absence or dis3 ability of the Chairman or in the event of the va4 cancy of the Chairmanship), and designate, for each 

5 such region established under section 4203, one 

6 Commissioner to serve as regional Commissioner in 

7 each such region, but in each such designation the 

8 Chairman shall consider years of service, personal 

9 preference and fitness, and no such designation shall 

10 take effect unless concurred in by the President, or 

11 his designee; 

12 ‘‘(6) serve as spokesman for the Commission 

13 and report annually to Congress on the activities of 

14 the Commission; and 

15 ‘‘(7) exercise such other powers and duties and 

16 perform such other functions as may be necessary to 

17 carry out the purposes of this chapter or as may be 

18 otherwise provided by law. 

19 ‘‘(b) ADMINISTRATIVE POWERS.—The Chairman 

20 shall have the power to— 

21 ‘‘(1) without regard to section 3324(a) and (b) 

22 of title 31, enter into and perform such contracts, 

23 leases, cooperative agreements, and other trans24 actions as may be necessary in the conduct of the 

25 functions of the Commission, with any public agen-
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1 cy, or with any person, firm, association, corpora2 tion, educational institution, or nonprofit organiza3 tion; 

4 ‘‘(2) accept voluntary and uncompensated serv5 ices, notwithstanding section 1342 of title 31; 

6 ‘‘(3) procure for the Commission temporary and 

7 intermittent services under section 3109(b) of title 

8 5, United States Code; 

9 ‘‘(4) collect systematically the data obtained 

10 from studies, research, and the empirical experience 

11 of public and private agencies concerning the parole 

12 process; 

13 ‘‘(5) carry out programs of research concerning 

14 the parole process to develop classification systems 

15 which describe types of offenders, and to develop 

16 theories and practices which can be applied to the 

17 different types of offenders; 

18 ‘‘(6) publish data concerning the parole process; 

19 ‘‘(7) devise and conduct, in various geographical 

20 locations, seminars, workshops and training pro21 grams providing continuing studies and instruction 

22 for personnel of Federal, State and local agencies 

23 and private and public organizations working with 

24 parolees and connected with the parole process; and 
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1 ‘‘(8) use the services, equipment, personnel, in2 formation, facilities, and instrumentalities with or 

3 without reimbursement therefor of other Federal, 

4 State, local, and private agencies with their consent. 

5 ‘‘(c) POLICIES TO BE FOLLOWED.—In carrying out 

6 his functions under this section, the Chairman shall be 

7 governed by the national parole policies promulgated by 

8 the Commission. 

9 ‘‘§ 4205. Time of eligibility for release on parole 

10 ‘‘(a) GENERALLY.—Whenever confined and serving a 

11 definite term or terms of one year or more, a prisoner 

12 shall be eligible for release on parole after serving one13 third of such term or terms or after serving ten years of 

14 a life sentence or of a sentence of over 25 years notwith15 standing any other statute to the contrary. A prisoner con16 victed under the law of the District of Columbia shall be 

17 subject to the guidelines used by the former District of 

18 Columbia board of parole. 

19 ‘‘(b) COURTS’ POWER AT TIME OF SENTENCING.— 

20 Upon entering a judgment of conviction, the court having 

21 jurisdiction to impose sentence, when in its opinion the 

22 ends of justice and best interest of the public require that 

23 the defendant be sentenced to imprisonment for a term 

24 exceeding one year, may— 
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1 ‘‘(1) designate in the sentence of imprisonment 

2 imposed a minimum term at the expiration of which 

3 the prisoner shall become eligible for parole, which 

4 term may be less than but shall not be more than 

5 ten years; or 

6 ‘‘(2) fix the maximum sentence of imprisonment 

7 to be served in which event the court may specify 

8 that the prisoner may be released on parole at such 

9 time as the Commission may determine. 

10 ‘‘(c) INFORMATION FOR COURT.— 

11 ‘‘(1) COMMITMENT FOR STUDY.—If the court 

12 desires more detailed information as a basis for de13 termining the sentence to be imposed, the court may 

14 commit the defendant to the custody of the Attorney 

15 General, which commitment shall be deemed to be 

16 for the maximum sentence of imprisonment pre17 scribed by law, for a study as described in subsection 

18 (d). 

19 ‘‘(2) REPORT TO COURT.—The results of such 

20 study, together with any recommendations which the 

21 Director of the Bureau of Prisons believes would be 

22 helpful in determining the disposition of the case, 

23 shall be furnished to the court within three months 

24 unless the court grants time, not to exceed an addi25 tional three months, for further study. 
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1 ‘‘(3) COURT ORDER.—After receiving such re2 ports and recommendations, the court may in its 

3 discretion— 

4 ‘‘(A) place the offender on probation as au5 thorized by section 3561; or 

6 ‘‘(B) affirm the sentence of imprisonment 

7 originally imposed, or reduce the sentence of 

8 imprisonment, and commit the offender under 

9 any applicable provision of law. 

10 ‘‘(4) COMMENCEMENT OF TERM OF SEN11 TENCE.—The term of the sentence shall run from 

12 the date of original commitment under this section. 

13 ‘‘(d) STUDY OF PRISONER SENTENCED TO IMPRIS14 ONMENT.—Upon commitment of a prisoner sentenced to 

15 imprisonment under subsection (a) or (b), the Director, 

16 under such regulations as the Attorney General may pre17 scribe, shall cause a complete study to be made of the pris18 oner and shall furnish to the Commission a summary re19 port together with any recommendations which in his opin20 ion would be helpful in determining the suitability of the 

21 prisoner for parole. This report may include data regard22 ing the prisoner’s previous delinquency or criminal convic23 tions, pertinent circumstances of the prisoner’s social 

24 background and capabilities, the prisoner’s mental and 

25 physical health, and such other factors the Director con-
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1 siders pertinent. The Commission may make such other 

2 investigation as it may deem necessary. 

3 ‘‘(e) DUTY OF PROBATION OFFICERS.—Upon request 

4 of the Commission, it shall be the duty of the various pro5 bation officers and government bureaus and agencies to 

6 furnish the Commission information available to such offi7 cer, bureau, or agency, concerning any eligible prisoner or 

8 parolee and whenever not incompatible with the public in9 terest, their views and recommendation with respect to 

10 any matter within the jurisdiction of the Commission. 

11 ‘‘(f) SHORT PRISON TERMS.—Any prisoner sen12 tenced to imprisonment for a term or terms of not less 

13 than six months but not more than one year shall be re14 leased at the expiration of such sentence less good time 

15 deductions provided by law, unless the court which im16 posed sentence, shall, at the time of sentencing, provide 

17 for the prisoner’s release as if on parole after service of 

18 one-third of such term or terms notwithstanding section 

19 4164. This subsection does not prevent delivery of any 

20 person released on parole to the authorities of any State 

21 otherwise entitled to his custody. 

22 ‘‘(g) REDUCTION IN SENTENCE.—At any time upon 

23 motion of the Bureau of Prisons, the court may reduce 

24 any minimum term to the time the defendant has served. 
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1 The court shall have jurisdiction to act upon the applica2 tion at any time and no hearing shall be required. 

3 ‘‘§ 4206. Parole determination criteria 

4 ‘‘(a) GENERALLY.—An eligible prisoner shall be 

5 granted parole, subject to subsections (b) and (c), and 

6 pursuant to guidelines issued by the Commission, if the 

7 eligible prisoner has substantially observed the rules of the 

8 institution or institutions to which he has been confined, 

9 and if the Commission, upon consideration of the nature 

10 and circumstances of the offense and the history and char11 acteristics of the prisoner, determines that release would 

12 not— 

13 ‘‘(1) depreciate the seriousness of his offense or 

14 promote disrespect for the law; or 

15 ‘‘(2) jeopardize the public welfare;, such pris16 oner shall be released. 

17 ‘‘(b) NOTICE TO PRISONER.—The Commission shall 

18 furnish the eligible prisoner with a written notice of its 

19 determination not later than twenty-one days, excluding 

20 holidays, after the date of the parole determination pro21 ceeding. If parole is denied such notice shall state with 

22 particularity the reasons for such denial. 

23 ‘‘(c) GOOD CAUSE EXCEPTION.—The Commission 

24 may grant or deny release on parole notwithstanding the 

25 guidelines referred to in subsection (a) of this section if 
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1 it determines there is good cause for so doing, if the pris2 oner is furnished written notice stating with particularity 

3 the reasons for its determination, including in detail the 

4 information relied upon. 

‘‘(d) RELEASE AFTER 2 5 ⁄3 OF SENTENCE.—Any pris6 oner, serving a sentence of five years or longer, who is 

7 not earlier released under this section or any other appli8 cable provision of law, shall be released on parole after 

9 having served two-thirds of each consecutive term or 

10 terms, or after serving 30 years of each consecutive term 

11 or terms of more than 45 years including any life term, 

12 whichever is earlier, but the Commission shall not release 

13 such prisoner if it determines that the prisoner has seri14 ously or frequently violated institution rules and regula15 tions or that there is a reasonable probability that he will 

16 commit any Federal, State, or local crime. 

17 ‘‘§ 4207. Information considered 

18 ‘‘In making a determination under this chapter (re19 lating to release on parole) the Commission shall consider, 

20 if available and relevant— 

21 ‘‘(1) reports and recommendations which the 

22 staff of the facility in which such prisoner is con23 fined may make; 
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1 ‘‘(2) official reports of the prisoner’s prior 

2 criminal record, including a report or record of ear3 lier probation and parole experiences; 

4 ‘‘(3) presentence investigation reports; 

5 ‘‘(4) recommendations regarding the prisoner’s 

6 parole made at the time of sentencing by the sen7 tencing judge; 

8 ‘‘(5) a statement, which may be presented oral9 ly or otherwise, by any victim of the offense for 

10 which the prisoner is imprisoned about the financial, 

11 social, psychological, and emotional harm done to, or 

12 loss suffered by such victim; 

13 ‘‘(6) reports of physical, mental, or psychiatric 

14 examination of the offender; 

15 ‘‘(7) release plans submitted by the prisoner 

16 and correctional staff; and 

17 ‘‘(8) such additional relevant information con18 cerning the prisoner (including information sub19 mitted by the prisoner) as may be reasonably avail20 able. 

21 ‘‘§ 4208. Parole determination proceeding; time 

22 ‘‘(a) GENERAL RULE.—In making a determination 

23 under this chapter (relating to parole) the Commission 

24 shall conduct a parole determination proceeding unless it 

25 determines on the basis of the prisoner’s record that the 
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1 prisoner will be released on parole. Whenever feasible, the 

2 initial parole determination proceeding for a prisoner eligi3 ble for parole under subsections (a) and (b)(1) of section 

4 4205 shall be held not later than 60 days before the date 

5 of such eligibility for parole. Whenever feasible, the initial 

6 parole determination proceeding for a prisoner eligible for 

7 parole pursuant to subsection (b)(2) of section 4205 or 

8 released on parole and whose parole has been revoked shall 

9 be held not later than 90 days following such prisoner’s 

10 imprisonment or reimprisonment in a Federal institution, 

11 as the case may be. An eligible prisoner may knowingly 

12 and intelligently waive any proceeding. 

13 ‘‘(b) PREPARATION.—(1) At least 60 days before any 

14 parole determination proceeding, the prisoner shall be pro15 vided with— 

16 ‘‘(A) written notice of the time and place of the 

17 proceeding; and 

18 ‘‘(B) reasonable access to a report or other doc19 ument to be used by the Commission in making its 

20 determination, including the parole analyst sum21 mary. 

22 ‘‘(2) A prisoner may waive such notice, but if notice 

23 is not waived the proceeding shall be held during the next 

24 regularly scheduled proceedings by the Commission at the 

25 institution in which the prisoner is confined. 
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1 ‘‘(c) EXCEPTIONS TO DISCLOSURE.—(1) Subsection 

2 (b)(1)(B) does not apply to— 

3 ‘‘(A) diagnostic opinions which, if made known 

4 to the eligible prisoner, could lead to a serious dis5 ruption of his institutional program; 

6 ‘‘(B) any document which reveals sources of in7 formation obtained upon a promise of confiden8 tiality; or 

9 ‘‘(C) any other information which, if disclosed, 

10 might result in harm, physical or otherwise, to any 

11 person. 

12 ‘‘(2) If any document is deemed by either the Com13 mission, the Bureau of Prisons, or any other agency to 

14 fall within the exclusionary provisions of paragraph (1), 

15 then it shall become the duty of the Commission, the Bu16 reau, or such other agency, as the case may be, to summa17 rize the basic contents of the material withheld, bearing 

18 in mind the need for confidentiality or the impact on the 

19 inmate, or both, and furnish such summary to the inmate. 

20 ‘‘(d) CONSULTATION.—(1) During the period before 

21 the parole determination proceeding as provided in sub22 section (b), a prisoner may consult, as provided by the 

23 director, with a representative as referred to in subpara24 graph (2) of this subsection, and by mail or otherwise with 

25 any person concerning such proceeding. 
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1 ‘‘(2) The prisoner shall, if he chooses, be represented 

2 at the parole determination proceeding by a representative 

3 who qualifies under rules and regulations promulgated by 

4 the Commission. Such rules shall not exclude attorneys as 

5 a class. 

6 ‘‘(e) PERSONAL APPEARANCE OF PRISONER.—The 

7 prisoner shall be allowed to appear and testify on his own 

8 behalf at the parole determination proceeding, and may 

9 be accompanied by a legal spouse if the spouse is approved 

10 for visitation at the facility in which the prisoner is 

11 housed. 

12 ‘‘(f) RECORD.—A full and complete audio and video 

13 record of every proceeding shall be retained by the Com14 mission. Upon request, the Commission shall make avail15 able to any eligible prisoner such record as the Commis16 sion may retain of the proceeding. 

17 ‘‘(g) PERSONAL CONFERENCE.—If parole is denied, 

18 a personal conference to explain the reasons for such de19 nial shall be held, if feasible, between the prisoner and 

20 a representative of the Commission at the conclusion of 

21 the proceeding. When feasible, the conference shall include 

22 advice to the prisoner as to what steps may be taken to 

23 enhance his chance of being released at a subsequent pro24 ceeding. 
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1 ‘‘(h) FREQUENCY OF PAROLE DETERMINATION PRO2 CEEDINGS.—In any case in which release on parole is not 

3 granted, subsequent parole determination proceedings 

4 shall be held not less frequently than: 

5 ‘‘(1) 12 months in the case of a prisoner with 

6 a term or terms of more than one year but less than 

7 ten years; and 

8 ‘‘(2) 18 months in the case of a prisoner with 

9 a term or terms of ten years or longer. 

10 ‘‘§ 4209. Conditions of parole 

11 ‘‘(a) MANDATORY CONDITIONS.—In every case, the 

12 Commission shall impose as conditions of parole that the 

13 parolee not commit another Federal, State, or local crime, 

14 that the parolee not possess illegal controlled substances, 

15 and, if a fine was imposed, that the parolee make a dili16 gent effort to pay the fine in accordance with the judg17 ment. In every case, the Commission shall impose as a 

18 condition of parole for a person described in section 

19 4042(c)(4), that the parolee report the address where the 

20 parolee will reside and any subsequent change of residence 

21 to the probation officer responsible for supervision, and 

22 that the parolee register in any State where the parolee 

23 resides, is employed, carries on a vocation, or is a student 

24 (as such terms are defined under section 170101(a)(3) of 

25 the Violent Crime Control and Law Enforcement Act of 
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1 1994). In every case, the Commission shall impose as a 

2 condition of parole that the parolee cooperate in the collec3 tion of a DNA sample from the parolee, if the collection 

4 of such a sample is authorized pursuant to section 3 or 

5 section 4 of the DNA Analysis Backlog Elimination Act 

6 of 2000 or section 1565 of title 10. In every case, the 

7 Commission shall also impose as a condition of parole that 

8 the parolee pass a drug test prior to release and refrain 

9 from any unlawful use of a controlled substance and sub10 mit to at least 2 periodic drug tests (as determined by 

11 the Commission) for use of a controlled substance. The 

12 condition stated in the preceding sentence may be amelio13 rated or suspended by the Commission for any individual 

14 parolee if it determines that there is good cause for doing 

15 so. The results of a drug test administered in accordance 

16 with the provisions of the preceding sentence shall be sub17 ject to confirmation only if the results are positive, the 

18 defendant is subject to possible imprisonment for such 

19 failure, and either the defendant denies the accuracy of 

20 such test or there is some other reason to question the 

21 results of the test. A drug test confirmation shall be a 

22 urine drug test confirmed using gas chromatography/mass 

23 spectrometry techniques or such test as the Director of 

24 the Administrative Office of the United States Courts 

25 after consultation with the Secretary of Health and 
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1 Human Services may determine to be of equivalent accu2 racy. The Commission shall consider whether the avail3 ability of appropriate substance abuse treatment pro4 grams, or an individual’s current or past participation in 

5 such programs, warrants an exception. 

6 ‘‘(b) OTHER CONDITIONS.—The Commission may 

7 impose or modify other conditions of parole to the extent 

8 that such conditions are reasonably related to— 

9 ‘‘(1) the nature and circumstances of the of10 fense; and 

11 ‘‘(2) the history and characteristics of the pa12 rolee; 

13 and may provide for such supervision and other limitations 

14 as are reasonable to protect the public welfare. 

15 ‘‘(c) SPECIFICITY OF CONDITIONS.—The conditions 

16 of parole should be sufficiently specific to serve as a guide 

17 to supervision and conduct, and upon release on parole 

18 the parolee shall be given a certificate setting forth the 

19 conditions of his parole. An effort shall be made to make 

20 certain that the parolee understands the conditions of his 

21 parole. 

22 ‘‘(d) ADDITIONAL CONDITIONS.—(1) Release on pa23 role or release as if on parole (or probation, or supervised 

24 release where applicable) may as a condition of such re25 lease require— 
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1 ‘‘(A) a parolee to reside in or participate in the 

2 program of a residential community treatment cen3 ter, or both, for all or part of the period of such pa4 role; or 

5 ‘‘(B) a parolee to remain at his place of resi6 dence during nonworking hours and, if the Commis7 sion so directs, to have compliance with this condi8 tion monitored by telephone or electronic signaling 

9 devices, except that a condition under this para10 graph may be imposed only as an alternative to in11 carceration. 

12 ‘‘(2) A parolee residing in a residential community 

13 treatment center pursuant to paragraph (1)(A) may be re14 quired to pay such costs incident to such residence as the 

15 Commission deems appropriate. 

16 ‘‘(e) MODIFICATION.—(1) The Commission may mod17 ify conditions of parole pursuant to this section on its own 

18 motion, or on the motion of a United States probation offi19 cer supervising a parolee, if the parolee receives notice of 

20 such action and has ten days after receipt of such notice 

21 to express views on the proposed modification. Following 

22 such ten-day period, the Commission shall have 21 days, 

23 exclusive of holidays, to act upon such motion or applica24 tion. Notwithstanding any other provision of this para25 graph, the Commission may modify conditions of parole, 
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1 without regard to such ten-day period, on any such motion 

2 if the Commission determines that the immediate modi3 fication of conditions of parole is required to prevent harm 

4 to the parolee or to the public. 

5 ‘‘(2) A parolee may petition the Commission on his 

6 own behalf for a modification of conditions pursuant to 

7 this section. 

8 ‘‘(3) The provisions of this subsection shall not apply 

9 to modifications of parole conditions pursuant to a revoca10 tion proceeding under section 4214. 

11 ‘‘§ 4210. Jurisdiction of Commission 

12 ‘‘(a) CUSTODY.—A parolee shall remain in the legal 

13 custody and under the control of the Attorney General, 

14 until the expiration of the maximum term of terms for 

15 which such parolee was sentenced. 

16 ‘‘(b) TERMINATION.—Except as otherwise provided 

17 in this section, the jurisdiction of the Commission over the 

18 parolee shall terminate no later than the date of the expi19 ration of the maximum term or terms for which he was 

20 sentenced, except that— 

21 ‘‘(1) such jurisdiction shall terminate at an ear22 lier date to the extent provided under section 4164 

23 (relating to mandatory release) or section 4211 (re24 lating to early termination of parole supervision), 

25 and 
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1 ‘‘(2) in the case of a parolee who has been con2 victed of any criminal offense committed subsequent 

3 to his release on parole, and such offense is punish4 able by a term of imprisonment, detention or incar5 ceration in any penal facility, the Commission shall 

6 determine, in accordance with the provisions of sec7 tion 4214(b) or (c), whether all or any part of the 

8 unexpired term being served at the time of parole 

9 shall run concurrently or consecutively with the sen10 tence imposed for the new offense, but in no case 

11 shall such service together with such time as the pa12 rolee has previously served in connection with the of13 fense for which he was paroled, be longer than the 

14 maximum term for which he was sentenced in con15 nection with such offense. 

16 ‘‘(c) EXTENSION.—In the case of any parolee found 

17 to have intentionally refused or failed to respond to any 

18 reasonable request, order, summons, or warrant of the 

19 Commission or any member or agent thereof, the jurisdic20 tion of the Commission may be extended for the period 

21 during which the parolee so refused or failed to respond. 

22 ‘‘(d) CONCURRENCE OF RUNNING OF TERM.—The 

23 parole of any parolee shall run concurrently with the pe24 riod of parole or probation under any other Federal, State, 

25 or local sentence. 
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1 ‘‘(e) CERTIFICATE OF DISCHARGE.—Upon the termi2 nation of the jurisdiction of the Commission over any pa3 rolee, the Commission shall issue a certificate of discharge 

4 to such parolee and to such other agencies as it may deter5 mine. 

6 ‘‘§ 4211. Early termination of parole 

7 ‘‘(a) IN GENERAL.—Upon its own motion or upon re8 quest of the parolee, the Commission may terminate su9 pervision over a parolee prior to the termination of juris10 diction under section 4210. 

11 ‘‘(b) REVIEW.—(1) Two years after each parolee’s re12 lease on parole, and at least annually thereafter, the Com13 mission shall review the status of the parolee to determine 

14 the need for continued supervision. In calculating such 

15 two-year period there shall not be included any period of 

16 release on parole prior to the most recent such release, 

17 nor any period served in confinement on any other sen18 tence. 

19 ‘‘(2) The Commission shall establish early termi20 nation guidelines and there shall be a presumption that 

21 the parolee shall be terminated at the designated time un22 less detailed written reasons are offered by the Commis23 sion that prove the parolee would be a danger to the public 

24 safety. 
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1 ‘‘(c) PRESUMPTIVE TERMINATION.—(1) Five years 

2 after each parolee’s release on parole, the Commission 

3 shall terminate supervision over such parolee unless it is 

4 determined, after a hearing conducted in accordance with 

5 the procedures prescribed in section 4214(a)(2), that such 

6 supervision should not be terminated because there is a 

7 likelihood that the parolee will engage in conduct violating 

8 any criminal law. 

9 ‘‘(2) If supervision is not terminated under subpara10 graph (1) of this subsection the parolee may request a 

11 hearing annually thereafter, and a hearing, with proce12 dures as provided in subparagraph (1) of this subsection 

13 shall be conducted with respect to such termination of su14 pervision not less frequently than biennially. 

15 ‘‘(3) In calculating the five-year period referred to in 

16 subparagraph (1), there shall not be included any period 

17 of release on parole prior to the most recent such release, 

18 nor any period served in confinement on any other sen19 tence. 

20 ‘‘§ 4212. Aliens 

21 ‘‘When an alien prisoner subject to deportation be22 comes eligible for parole, the Commission may authorize 

23 the release of such prisoner on condition that such person 

24 be deported and remain outside the United States. Such 

25 prisoner when his parole becomes effective, shall be deliv-
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1 ered to the duly authorized immigration official for depor2 tation. 

3 ‘‘§ 4213. Summons to appear or warrant for retaking 

4 of parolee 

5 ‘‘(a) IN GENERAL.—If any parolee is alleged to have 

6 violated his parole, the Commission may— 

7 ‘‘(1) summon such parolee to appear at a hear8 ing conducted pursuant to section 4213; or 

9 ‘‘(2) issue a warrant and retake the parolee as 

10 provided in this section. 

11 ‘‘(b) ISSUANCE.—Any summons or warrant issued 

12 under this section shall be issued by the Commission as 

13 soon as practicable after discovery of the alleged violation, 

14 except when delay is deemed necessary. Imprisonment in 

15 an institution shall not be deemed grounds for delay of 

16 such issuance, except that, in the case of any parolee 

17 charged with a criminal offense, issuance of a summons 

18 or warrant may be suspended pending disposition of the 

19 charge. 

20 ‘‘(c) CONTENTS.—Any summons or warrant issued 

21 pursuant to this section shall provide the parolee with 

22 written notice of— 

23 ‘‘(1) the conditions of parole he is alleged to 

24 have violated as provided under section 4209; 
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1 ‘‘(2) the parolee’s rights under this chapter; 

2 and 

3 ‘‘(3) the possible action which may be taken by 

4 the Commission. 

5 ‘‘(d) EXECUTION OF WARRANT.—Any officer of any 

6 Federal penal or correctional institution, or any Federal 

7 officer authorized to serve criminal process within the 

8 United States, to whom a warrant issued under this sec9 tion is delivered, shall execute such warrant by taking such 

10 parolee and returning the parolee to the custody of the 

11 regional commissioner, or to the custody of the Attorney 

12 General, if the Commission shall so direct. 

13 ‘‘§ 4214. Revocation of parole 

14 ‘‘(a) RIGHTS OF PAROLEE.—(1) Except as provided 

15 in subsections (b) and (c), any alleged parole violator sum16 moned or retaken under section 4213 shall be accorded 

17 the opportunity to have— 

18 ‘‘(A) a preliminary hearing at or reasonably 

19 near the place of the alleged parole violation or ar20 rest, without unnecessary delay, to determine if 

21 there is probable cause to believe that he has vio22 lated a condition of his parole; and upon a finding 

23 of probable cause a digest shall be prepared by the 

24 Commission setting forth in writing the factors con25 sidered and the reasons for the decision, a copy of 
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1 which shall be given to the parolee within a reason2 able period of time; except that after a finding of 

3 probable cause the Commission may restore any pa4 rolee to parole supervision if— 

5 ‘‘(i) continuation of revocation proceedings 

6 is not warranted; or 

7 ‘‘(ii) incarceration of the parolee pending 

8 further revocation proceedings is not warranted 

9 by the alleged frequency or seriousness of such 

10 violation or violations; 

11 ‘‘(iii) the parolee is not likely to fail to ap12 pear for further proceedings; and 

13 ‘‘(iv) the parolee does not constitute a dan14 ger to himself or others; and 

15 ‘‘(B) upon a finding of probable cause under 

16 subparagraph (1)(A), a revocation hearing at or rea17 sonably near the place of the alleged parole violation 

18 or arrest within 60 days of such determination of 

19 probable cause, except that a revocation hearing may 

20 be held at the same time and place set for the pre21 liminary hearing. 

22 ‘‘(2) Hearings held pursuant to subparagraph (1) 

23 shall be conducted by the Commission in accordance with 

24 the following procedures: 
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1 ‘‘(A) Notice to the parolee of the conditions of 

2 parole alleged to have been violated, and the time, 

3 place, and purposes of the scheduled hearing. 

4 ‘‘(B) Opportunity for the parolee to be rep5 resented by an attorney (retained by the parolee, or 

6 if he is financially unable to retain counsel, counsel 

7 shall be provided pursuant to section 3006A) or, if 

8 he so chooses, a representative as provided by rules 

9 and regulations, unless the parolee knowingly and 

10 intelligently waives such representation. 

11 ‘‘(C) Opportunity for the parolee to appear and 

12 testify, and present witnesses and relevant evidence. 

13 ‘‘(D) Opportunity for the parolee to be apprised 

14 of the evidence against the parolee and, if the pa15 rolee so requests, to confront and cross-examine ad16 verse witnesses, unless the Commission specifically 

17 finds substantial reason for not so allowing. 

18 ‘‘(3) For the purposes of subparagraph (1) of this 

19 subsection, the Commission may subpoena witnesses and 

20 evidence, and pay witness fees as established for the courts 

21 of the United States. If a person refuses to obey such a 

22 subpoena, the Commission may petition a court of the 

23 United States for the judicial district in which such parole 

24 proceeding is being conducted, or in which such person 

25 may be found, to request such person to attend, testify, 
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•HR 3072 IH 

1 and produce evidence. The court may issue an order re2 quiring such person to appear before the Commission, 

3 when the court finds such information, thing, or testimony 

4 directly related to a matter with respect to which the Com5 mission is empowered to make a determination under this 

6 section. Failure to obey such an order is punishable by 

7 such court as a contempt. All process in such a case may 

8 be served in the judicial district in which such a parole 

9 proceeding is being conducted, or in which such person 

10 may be found. 

11 ‘‘(b) EFFECT OF CONVICTION.—(1) Conviction for 

12 any criminal offense committed subsequent to release on 

13 parole shall constitute probable cause for purposes of sub14 section (a) of this section. In cases in which a parolee has 

15 been convicted of such an offense and is serving a new 

16 sentence in an institution, a parole revocation warrant or 

17 summons issued pursuant to section 4213 may be placed 

18 against the parolee as a detainer. Such detainer shall be 

19 reviewed by the Commission within one hundred and 

20 eighty days of notification to the Commission of place21 ment. The parolee shall receive notice of the pending re22 view, have an opportunity to submit a written application 

23 containing information relative to the disposition of the 

24 detainer, and, unless waived, shall have counsel as pro-
34 

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1 vided in subsection (a)(2)(B) of this section to assist him 

2 in the preparation of such application. 

3 ‘‘(2) If the Commission determines that additional in4 formation is needed to review a detainer, a dispositional 

5 hearing may be held at the institution where the parolee 

6 is confined. The parolee shall have notice of such hearing, 

7 be allowed to appear and testify on his own behalf, and, 

8 unless waived, shall have counsel as provided in subsection 

9 (a)(2)(B) of this section. 

10 ‘‘(3) Following the disposition review, the Commis11 sion may: 

12 ‘‘(A) let the detainer stand; or 

13 ‘‘(B) withdraw the detainer. 

14 ‘‘(c) HEARING.—Any alleged parole violator who is 

15 summoned or retaken by warrant under section 4213 who 

16 knowingly and intelligently waives the right to a hearing 

17 under subsection (a) of this section, or who knowingly and 

18 intelligently admits violation at a preliminary hearing held 

19 pursuant to subsection (a)(1)(A) of this section, or who 

20 is retaken pursuant to subsection (b) of this section, shall 

21 receive a revocation hearing within 90 days of the date 

22 of retaking. The Commission may conduct such hearing 

23 at the institution to which he has been returned, and the 

24 alleged parole violator shall have notice of such hearing, 

25 be allowed to appear and testify on his own behalf, and, 
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1 unless waived, shall have counsel or another representative 

2 as provided in subsection (a)(2)(B) of this section. 

3 ‘‘(d) ACTIONS OF THE COMMISSION.—Whenever a 

4 parolee is summoned or retaken pursuant to section 4213, 

5 and the Commission finds pursuant to the procedures of 

6 this section and by a preponderance of the evidence that 

7 the parolee has violated a condition of his parole the Com8 mission may take any of the following actions: 

9 ‘‘(1) Restore the parolee to supervision. 

10 ‘‘(2) Reprimand the parolee. 

11 ‘‘(3) Modify the parolee’s conditions of the pa12 role. 

13 ‘‘(4) Refer the parolee to a residential commu14 nity treatment center for all or part of the remain15 der of his original sentence. 

16 ‘‘(5) Formally revoke parole or release as if on 

17 parole pursuant to this title. 

18 The Commission may take any such action provided it has 

19 taken into consideration whether or not the parolee has 

20 been convicted of any Federal, State, or local crime subse21 quent to his release on parole, and the seriousness thereof, 

22 or whether such action is warranted by the frequency or 

23 seriousness of the parolee’s violation of any other condi24 tion or conditions of his parole. 
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1 ‘‘(e) WRITTEN NOTICE.—The Commission shall fur2 nish the parolee with a written notice of its determination 

3 not later than 21 days, excluding holidays, after the date 

4 of the revocation hearing. If parole is revoked, a digest 

5 shall be prepared by the Commission setting forth in writ6 ing the factors considered and reasons for such action, a 

7 copy of which shall be given to the parolee. 

8 ‘‘§ 4215. Appeal 

9 ‘‘(a) APPLICATION.—Whenever an individual dis10 putes the time of eligibility for release under section 4205, 

11 parole release is denied under section 4206, parole condi12 tions are imposed or modified under section 4209, parole 

13 discharge is denied under section 4211(b) or (c), or parole 

14 is modified or revoked under section 4214, the individual 

15 to whom any such decision applies may appeal such deci16 sion by submitting a written application to the National 

17 Appeal (Appeals) Board not later than 60 days following 

18 the date on which the decision is rendered. 

19 ‘‘(b) REQUIREMENT TO ACT.—The National Appeals 

20 Board, upon receipt of the appellant’s papers, must act 

21 pursuant to rules and regulations within 60 days to reaf22 firm, modify, or reverse the decision and shall inform the 

23 appellant in writing of the decision and the reasons there24 for. 
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1 ‘‘(c) ATTORNEY GENERAL’S REQUEST.—The Na2 tional Appeals Board may review any decision of a re3 gional commissioner upon the written request of the Attor4 ney General filed not later than 30 days following the deci5 sion and, by majority vote, shall reaffirm, modify, or re6 verse the decision within 60 days of the receipt of the At7 torney General’s request. The Board shall inform the At8 torney General and the individual to whom the decision 

9 applies in writing of its decision and the reasons therefor. 

10 ‘‘§ 4216. Applicability of Administrative Procedure 

11 Act 

12 ‘‘(a) GENERALLY.—For purposes of the provisions of 

13 chapter 5 of title 5, United States Code, other than sec14 tions 554, 555, 556, and 557, the Commission is an ‘agen15 cy’ as defined in such chapter. 

16 ‘‘(b) SPECIAL RULE.—For purposes of subsection (a) 

17 of this section, section 553(b)(3)(A) of title 5, United 

18 States Code, relating to rulemaking, does not include the 

19 phrase ‘general statements of policy’. 

20 ‘‘(c) JUDICIAL REVIEW.—To the extent that actions 

21 of the Commission pursuant to section 4203(a)(1) are not 

22 in accord with section 553 of title 5, United States Code, 

23 they shall be reviewable in accordance with the provisions 

24 of sections 701 through 706 of title 5, United States 

25 Code.’’. 
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1 SEC. 2. CLERICAL AMENDMENT. 

2 The table of chapters at the beginning of part III 

3 of title 18, United States Code, is amended by inserting 

4 before the item relating to chapter 313 the following new 

5 item: 

‘‘312. Parole .......................................................................................... 4201’’. 

6 SEC. 3. GOOD TIME CREDITS. 

7 Part III of title 18, United States Code, is amended 

8 by inserting after chapter 309 the following: 

9 ‘‘CHAPTER 310—GOOD TIME CREDITS 

‘‘Sec. 

‘‘4161. Computation generally. 

‘‘4162. Industrial good time. 

‘‘4163. Discharge. 

‘‘4164. Released prisoner as parolee. 

‘‘4165. Forfeiture for offense. 

‘‘4166. Restoration of forfeited commutation. 

10 ‘‘§ 4161. Computation generally 

11 ‘‘(a) Each prisoner convicted of an offense against 

12 the United States and confined in a penal or correctional 

13 institution for a definite term other than for life, whose 

14 record of conduct shows that he has faithfully observed 

15 all the rules and has not been subjected to punishment, 

16 shall be entitled to a deduction from the term of his sen17 tence beginning with the day on which the sentence com18 mences to run, as follows: 

19 ‘‘Five days for each month, if the sentence is 

20 not less than six months and not more than one 

21 year. 
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1 ‘‘Six days for each month, if the sentence is 

2 more than one year and less than three years. 

3 ‘‘Seven days for each month, if the sentence is 

4 not less than three years and less than five years. 

5 ‘‘Eight days for each month, if the sentence is 

6 not less than five years and less than ten years. 

7 ‘‘Ten days for each month, if the sentence is 

8 ten years or more. 

9 ‘‘(b) When two or more consecutive sentences are to 

10 be served, the aggregate of the several sentences shall be 

11 the basis upon which the deduction shall be computed. 

12 ‘‘§ 4162. Industrial good time 

13 ‘‘(a) A prisoner may, in the discretion of the Attorney 

14 General, be allowed a deduction from his sentence of not 

15 to exceed three days for each month of any year or any 

16 part thereof. 

17 ‘‘(b) In the discretion of the Attorney General such 

18 allowance may also be made to a prisoner performing ex19 ceptionally meritorious service or performing duties of out20 standing importance in connection with institutional oper21 ations. 

22 ‘‘(c) A prisoner may, in the discretion of the Attorney 

23 General, be allowed a deduction from his sentence of up 

24 to three additional days for each month or part thereof 

25 for superior program achievement. Superior program 
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1 achievement includes, but is not limited to, satisfactory 

2 progress towards degrees from accredited educational in3 stitutions or completion certificates from vocational tech4 nical or rehabilitative programs and teaching such courses 

5 of study. Each inmate shall be permitted to substitute Bu6 reau certified educational programs in place of institu7 tional employment or be allowed to do both. Such extra 

8 good time allowances shall be in addition to commutation 

9 of time for good conduct under section 4161 and under 

10 the same terms and conditions and without regard to 

11 length of sentence. 

12 ‘‘§ 4163. Discharge 

13 ‘‘All current and future sentences shall be recal14 culated by the Director of the Bureau of Prisons based 

15 upon the criteria set forth in sections 4161 and 4162(a), 

16 (b), and (c), notwithstanding any other statute to the con17 trary. Except as hereinafter provided a prisoner shall be 

18 released at the expiration of his term of sentence less the 

19 time deducted for good conduct. A certificate of such de20 duction shall be entered on the commitment by the warden 

21 or keeper. If such release date falls upon a Saturday, a 

22 Sunday, or on a Monday which is a legal holiday at the 

23 place of confinement, the prisoner may be released at the 

24 discretion of the warden or keeper on the preceding Fri25 day. If such release date falls on a holiday which falls 
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1 other than on Saturday, Sunday, or Monday, the prisoner 

2 may be released at the discretion of the warden or keeper 

3 on the day preceding the holiday. 

4 ‘‘§ 4164. Released prisoner as parolee 

5 ‘‘A prisoner having served his term or terms less 

6 good-time deductions shall, upon release, be deemed as if 

7 released on parole until the expiration of the maximum 

8 term or terms for which he was sentenced less one hun9 dred and eighty days. This section shall not prevent deliv10 ery of a prisoner to the authorities of any State otherwise 

11 entitled to his custody. 

12 ‘‘§ 4165. Forfeiture for offense 

13 ‘‘If during the term of imprisonment a prisoner com14 mits any offense or violates the rules of the institution, 

15 all or any part of his earned good time may be forfeited. 

16 ‘‘§ 4166. Restoration of forfeited commutation 

17 ‘‘The Attorney General may restore any forfeited or 

18 lost good time or such portion thereof as he deems proper 

19 upon recommendation of the Director of the Bureau of 

20 Prisons.’’. 

21 SEC. 4. CLERICAL AMENDMENT. 

22 The table of chapters at the beginning of part III 

23 of title 18, United States Code, is amended by inserting 

24 after the item relating to chapter 309 the following new 

25 item: 

‘‘310. Good time credits ................................................................... 4161’’. 
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1 SEC. 5. PAROLE AUTHORITY FOR CERTAIN PERSONS. 

2 The United States Parole Commission created by the 

3 amendments made by this Act shall also have jurisdiction 

4 over the parole of persons whose parole was governed by 

5 the Parole Commission Phase-Out Act of 1996 or section 

6 11231 of Public Law 105–33, and shall exercise parole 

7 authority with respect to those persons under the amend8 ments made by this Act. 

9 SEC. 6. COMPASSIONATE RELEASE. 

10 (a) EARLIER POSSIBLE COMPASSIONATE RELEASE

11 UNDER EXISTING LAW.—Section 3582(c) of title 18, 

12 United States Code, is amended— 

13 (1) by striking ‘‘70’’ and inserting ‘‘65’’; and 

14 (2) by striking ‘‘30’’ and inserting ‘‘25’’. 

15 (b) NEW MANDATORY COMPASSIONATE RELEASE

16 OPTION.—Section 3624 of title 18, United States Code, 

17 is amended— 

18 (1) in subsection (a), by inserting ‘‘at the early 

19 release date provided in subsection (g), if applicable, 

20 or otherwise’’ after ‘‘A prisoner shall be released by 

21 the Bureau of Prisons’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(g) COMPASSIONATE RELEASE.—Notwithstanding 

24 any other provision of law, the Bureau of Prisons shall 

25 consider release from confinement if that prisoner— 
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1 ‘‘(1) has served 25 years or more of his term 

2 of imprisonment (including any consecutive term or 

3 terms of imprisonment); 

4 ‘‘(2) has reached the age of 65; and 

5 ‘‘(3) has not engaged in any violation of institu6 tional disciplinary regulation involving violent ag7 gressive conduct.’’. 

8 SEC. 7. RETROSPECTIVE AND PROSPECTIVE APPLICATION. 

9 This Act and the amendments made by this Act apply 

10 to prisoners whose convictions occur before, on, or after 

11 the date of the enactment of this Act. 

Æ