I 

114TH CONGRESS 

1ST SESSION H. R. 3543 

To improve Federal sentencing and corrections practices, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2015 

Mr. GRIJALVA (for himself, Mr. GRAYSON, Mr. ELLISON, Mr. SMITH of Washington, Mr. LOWENTHAL, Ms. JUDY CHU of California, Ms. SCHAKOWSKY, Mrs. NAPOLITANO, Mr. RUSH, Ms. LEE, Mrs. WATSON COLEMAN, Mr. RANGEL, Mr. TAKANO, Ms. MAXINE WATERS of California, Mr. 

NADLER, Ms. SLAUGHTER, Mr. GUTIE ́RREZ, Mr. MEEKS, Mr. HONDA, 

and Mr. MCGOVERN) introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committees on 

Financial Services, Energy and Commerce, and Homeland Security, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve Federal sentencing and corrections practices, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice is Not For 

5 Sale Act of 2015’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘core correctional services’’ means 

4 the housing, safeguarding, protecting, and dis5 ciplining of individuals charged with or convicted of 

6 an offense; 

7 (2) the term ‘‘local government’’ means a city, 

8 county, township, town, borough, parish, village, or 

9 other general purpose political subdivision of a 

10 State; and 

11 (3) the term ‘‘State’’ means a State of the 

12 United States, the District of Columbia, the Com13 monwealth of Puerto Rico, or another common14 wealth, territory, or possession of the United States. 

15 SEC. 3. ELIMINATION OF FEDERAL CONTRACTS FOR PRI16 VATELY RUN PRISONS WITHIN 3 YEARS. 

17 (a) DEFINITION.—In this section, the term ‘‘facility 

18 housing adult prisoners or detainees in the custody of the 

19 Federal Government’’ does not include a community cor20 rectional facility or the residence of an individual on home 

21 confinement, as described in section 3624(c) of title 18, 

22 United States Code. 

23 (b) OPERATIONAL CONTROL.—Except as provided in 

24 subsection (c), not later than 2 years after the date of 

25 enactment of this Act— 


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1 (1) each facility housing adult prisoners or de2 tainees in the custody of the Federal Government 

3 shall be under the direct, operational control of the 

4 Federal Government; and 

5 (2) core correctional services at each such facil6 ity shall be performed by employees of the Federal 

7 Government. 

8 (c) WAIVER AUTHORIZED.—If the Attorney General 

9 determines that the Federal Government is unable to com10 ply with subsection (b) by the date that is 2 years after 

11 the date of enactment of this Act, the Attorney General 

12 may waive the application of subsection (b) for not more 

13 than 1 year. 

14 SEC. 4. ELIMINATION OF STATE AND LOCAL CONTRACTS 

15 FOR PRIVATELY RUN PRISONS WITHIN 3 

16 YEARS. 

17 (a) DEFINITION.—In this section, the term ‘‘facility 

18 housing adult prisoners or detainees in the custody of a 

19 State or local government’’ does not include a community 

20 treatment center, halfway house, restitution center, men21 tal health facility, alcohol or drug rehabilitation center, or 

22 other community facility that is not within the confines 

23 of a jail or prison. 


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1 (b) OPERATIONAL CONTROL.—Except as provided in 

2 subsection (c), not later than 2 years after the date of 

3 enactment of this Act— 

4 (1) each facility housing adult prisoners or de5 tainees in the custody of a State or local government 

6 shall be under the direct, operational control of a 

7 State or local government; and 

8 (2) core correctional services at each such facil9 ity shall be performed by employees of a State or 

10 local government. 

11 (c) WAIVER AUTHORIZED.—If the Attorney General 

12 determines that a State or local government is unable to 

13 comply with subsection (b) by the date that is 2 years 

14 after the date of enactment of this Act, the Attorney Gen15 eral may waive the application of subsection (b) as to that 

16 State or local government for not more than 1 year. 

17 SEC. 5. REINSTATEMENT OF PAROLE. 

18 (a) IN GENERAL.—Chapter 229 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

‘‘SUBCHAPTER D—PAROLE

‘‘Sec. 

‘‘3631. Definitions. 

‘‘3632. Powers and duties of the Commission. 

‘‘3633. Powers and duties of the Chairperson. 

‘‘3634. Time of eligibility for release on parole. 

‘‘3635. Parole determination criteria. 

‘‘3636. Information considered. 

‘‘3637. Parole determination proceeding; time. 

‘‘3638. Conditions of parole. 

‘‘3639. Jurisdiction of Commission. 


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‘‘3640. Early termination of parole. 

‘‘3641. Aliens. 

‘‘3642. Summons to appear or warrant for retaking of parolee. 

‘‘3643. Revocation of parole. 

‘‘3644. Reconsideration and appeal. 

‘‘3645. Young adult offenders. 

‘‘3646. Applicability of Administrative Procedure Act. 

1 ‘‘Subchapter D—Parole 

2 ‘‘§ 3631. Definitions 

3 ‘‘In this subchapter— 

4 ‘‘(1) the term ‘Chairperson’ means the Chair5 person of the Commission; 

6 ‘‘(2) the term ‘Commission’ means the United 

7 States Parole Commission; 

8 ‘‘(3) the term ‘Commissioner’ means any mem9 ber of the Commission; 

10 ‘‘(4) the term ‘Director’ means the Director of 

11 the Bureau of Prisons; 

12 ‘‘(5) the term ‘eligible prisoner’ means any Fed13 eral prisoner who is eligible for parole under this 

14 title or any other law, including any Federal pris15 oner whose parole has been revoked and who is not 

16 otherwise ineligible for parole; 

17 ‘‘(6) the term ‘parolee’ means any eligible pris18 oner who has been released on parole or deemed as 

19 if released on parole under section 3626(b)(5) or 

20 section 3634(a)(2); and 


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1 ‘‘(7) the term ‘rules and regulations’ means 

2 rules and regulations promulgated by the Commis3 sion under section 3632 and section 553 of title 5. 

4 ‘‘§ 3632. Powers and duties of the Commission 

5 ‘‘(a) IN GENERAL.—The Commission shall meet at 

6 least quarterly, and by majority vote shall— 

7 ‘‘(1) promulgate rules and regulations estab8 lishing guidelines for the powers enumerated in sub9 section (b) and such other rules and regulations as 

10 are necessary to carry out a national parole policy 

11 and the purposes of this subchapter; 

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

13 carry out this subchapter, but in no event less than 

14 5; and 

15 ‘‘(3) ratify, revise, or deny any request for reg16 ular, supplemental, or deficiency appropriations, be17 fore the submission of the requests to the Office of 

18 Management and Budget by the Chairperson, which 

19 requests shall be separate from those of any other 

20 agency in the Department of Justice. 

21 ‘‘(b) POWERS RELATING TO PAROLE.—The Commis22 sion, by majority vote, and in accordance with the proce23 dures set out in this subchapter, shall have the power to— 

24 ‘‘(1) grant or deny an application or rec25 ommendation to parole any eligible prisoner; 


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

2 granting parole; 

3 ‘‘(3) modify or revoke an order paroling any eli4 gible prisoner; and 

5 ‘‘(4) request probation officers and other indi6 viduals, organizations, and public or private agencies 

7 to perform such duties with respect to any parolee 

8 as the Commission determines necessary— 

9 ‘‘(A) for maintaining proper supervision of 

10 and assistance to such parolees; and 

11 ‘‘(B) so as to assure that no probation offi12 cers, individuals, organizations, or agencies 

13 shall bear excessive caseloads. 

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

15 vote, and in accordance with rules and regulations— 

16 ‘‘(1) may delegate to 1 or more Commissioners 

17 powers enumerated in subsection (b); 

18 ‘‘(2) may delegate to hearing examiners any 

19 powers necessary to conduct hearings and pro20 ceedings, take sworn testimony, obtain and make a 

21 record of pertinent information, make findings of 

22 probable cause and issue subpoenas for witnesses or 

23 evidence in parole revocation proceedings, and rec24 ommend disposition of any matters enumerated in 

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1 ommendations shall be based upon the concurrence 

2 of not less than 2 hearing examiners; 

3 ‘‘(3) may delegate authority to conduct hear4 ings held under section 3643 to any officer or em5 ployee of the executive or judicial branch of Federal 

6 or State government; 

7 ‘‘(4) may review, or may delegate to the Na8 tional Appeals Board the power to review, any deci9 sion made under paragraph (1), which shall be re10 affirmed, modified, or reversed not later than 30 

11 days after the date the decision is rendered; and 

12 ‘‘(5) shall provide written notice to the indi13 vidual to whom a decision described in paragraph 

14 (4) applies of the Commission’s actions with respect 

15 thereto and the reasons for such actions. 

16 ‘‘(d) POLICYMAKING.—Except as otherwise provided 

17 by law, any action taken by the Commission under sub18 section (a) shall be taken by a majority vote of all individ19 uals currently holding office as members of the Commis20 sion which shall maintain and make available for public 

21 inspection a record of the final vote of each member on 

22 statements of policy and interpretations adopted by it. In 

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1 tion relating to the performance of such duties and respon2 sibilities, and shall have 1 vote. 

3 ‘‘§ 3633. Powers and duties of the Chairperson 

4 ‘‘(a) IN GENERAL.—The Chairperson shall— 

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

6 Commission under section 3632 and such additional 

7 meetings of the Commission as the Chairperson may 

8 call or as may be requested in writing by at least 3 

9 Commissioners; 

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

11 and supervise all personnel employed by the Com12 mission except that— 

13 ‘‘(A) the appointment of any hearing ex14 aminer shall be subject to approval of the Com15 mission within the first year of such hearing ex16 aminer’s employment; and 

17 ‘‘(B) regional Commissioners shall appoint 

18 and supervise such personnel employed regu19 larly and full time in their respective regions as 

20 are compensated at a rate up to and including 

21 level GS–9 of the General Schedule; 

22 ‘‘(3) assign duties among officers and employ23 ees of the Commission, including Commissioners, so 

24 as to balance the workload and provide for orderly 

25 administration; 


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1 ‘‘(4) direct the preparation of requests for ap2 propriations for the Commission, and the use of 

3 funds made available to the Commission; 

4 ‘‘(5) designate 3 Commissioners to serve on the 

5 National Appeals Board, 1 whom shall be designated 

6 to serve as Vice Chairperson of the Commission 

7 (who shall act as Chairperson of the Commission in 

8 the absence or disability of the Chairperson or in the 

9 event of a vacancy in the position of Chairperson); 

10 ‘‘(6) designate, for each region established 

11 under section 3632(a)(2), 1 Commissioner to serve 

12 as regional Commissioner in each such region, ex13 cept that— 

14 ‘‘(A) in each such designation the Chair15 person shall consider years of service, personal 

16 preference, and fitness; and 

17 ‘‘(B) no such designation shall take effect 

18 unless concurred in by the President; 

19 ‘‘(7) serve as spokesperson for the Commission 

20 and report annually to each House of Congress on 

21 the activities of the Commission; and 

22 ‘‘(8) exercise such other powers and duties and 

23 perform such other functions as may be necessary to 

24 carry out the purposes of this subchapter or as may 

25 be provided under any other provision of law. 


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1 ‘‘(b) OTHER AUTHORITIES.—The Chairperson shall 

2 have the power to— 

3 ‘‘(1) without regard to subsections (a) and (b) 

4 of section 3324 of title 31, enter into and perform 

5 such contracts, leases, cooperative agreements, and 

6 other transactions as may be necessary in the con7 duct of the functions of the Commission with any 

8 public agency or with any person, firm, association, 

9 corporation, educational institution, or nonprofit or10 ganization; 

11 ‘‘(2) accept voluntary and uncompensated serv12 ices, notwithstanding section 1342 of title 31; 

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

14 intermittent services to the same extent as is author15 ized by section 3109(b) of title 5; 

16 ‘‘(4) collect systematically the data obtained 

17 from studies, research, and the empirical experience 

18 of public and private agencies concerning the parole 

19 process; 

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

21 the parole process to develop classification systems 

22 which describe types of offenders, and to develop 

23 theories and practices which can be applied to the 

24 different types of offenders; 

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


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

2 locations, seminars, workshops, and training pro3 grams providing continuing studies and instruction 

4 for personnel of Federal, State, and local agencies 

5 and private and public organizations working with 

6 parolees and connected with the parole process; and 

7 ‘‘(8) use the services, equipment, personnel, in8 formation, facilities, and instrumentalities with or 

9 without reimbursement therefor of other Federal, 

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

11 ‘‘(c) CONSISTENCY WITH NATIONAL PAROLE POLI12 CIES.—In carrying out the functions under this section, 

13 the Chairperson shall be governed by the national parole 

14 policies promulgated by the Commission. 

15 ‘‘§ 3634. Time of eligibility for release on parole 

16 ‘‘(a) ELIGIBILITY.— 

17 ‘‘(1) IN GENERAL.—Except to the extent other18 wise provided by law— 

19 ‘‘(A) a prisoner confined and serving a 

20 definite term or terms of imprisonment of more 

21 than 1 year shall be eligible for release on pa22 role after serving 33.3 percent of such term or 

23 terms; and 


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1 ‘‘(B) a prisoner confined and serving a life 

2 sentence shall be eligible for release on parole 

3 after serving 10 years. 

4 ‘‘(2) TERMS OF LESS THAN 1 YEAR.—Any pris5 oner sentenced to imprisonment for a term or terms 

6 of not less than 6 months, and not more than 1 

7 year, shall be released at the expiration of such sen8 tence, unless the court which imposed sentence shall, 

9 at the time of sentencing, provide for the prisoner’s 

10 release after service of 33.3 percent of such term or 

11 terms, which shall be deemed to be as if released on 

12 parole. This paragraph shall not prevent delivery of 

13 any person released on parole to the authorities of 

14 any State otherwise entitled to custody of the per15 son. 

16 ‘‘(b) DETERMINATIONS BY COURT.—Upon entering 

17 a judgment of conviction, the court having jurisdiction to 

18 impose sentence, when in its opinion the ends of justice 

19 and best interest of the public require that the defendant 

20 be sentenced to imprisonment for a term exceeding 1 year, 

21 may— 

22 ‘‘(1) designate in the sentence of imprisonment 

23 imposed a minimum term at the expiration of which 

24 the defendant shall become eligible for parole, which 


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1 term may not be more than 33.3 percent of the max2 imum sentence imposed by the court; or 

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

4 to be served by the defendant, in which event the 

5 court may specify that the defendant may be re6 leased on parole at such time as the Commission 

7 may determine. 

8 ‘‘(c) ADDITIONAL INFORMATION.— 

9 ‘‘(1) IN GENERAL.—If the court desires more 

10 detailed information as a basis for determining the 

11 sentence to be imposed, the court may commit the 

12 defendant to the custody of the Attorney General, 

13 which commitment shall be deemed to be for the 

14 maximum sentence of imprisonment prescribed by 

15 law, for a study as described in subsection (d). 

16 ‘‘(2) REPORT AND RECOMMENDATIONS OF DI17 RECTOR.—Not later than 3 months after a defend18 ant is committed under paragraph (1), unless the 

19 court grants additional time, not to exceed 3 

20 months, for further study, the results of the study 

21 described in subsection (d), together with any rec22 ommendations which the Director believes would be 

23 helpful in determining the disposition of the case, 

24 shall be furnished to the court. 


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1 ‘‘(3) SENTENCING AFTER ADDITIONAL INFOR2 MATION.—After receiving a report and recommenda3 tions under paragraph (2), the court may in its dis4 cretion— 

5 ‘‘(A) place the offender on probation in ac6 cordance with subchapter A; or 

7 ‘‘(B)(i)(I) affirm the sentence of imprison8 ment originally deemed to be imposed; or 

9 ‘‘(II) reduce the sentence of imprisonment; 

10 and 

11 ‘‘(ii) commit the offender under any appli12 cable provision of law. 

13 ‘‘(4) RUNNING OF TERM.—The term of a sen14 tence imposed under paragraph (3) shall run from 

15 the date of original commitment under this sub16 section. 

17 ‘‘(d) STUDY UPON COMMITMENT.— 

18 ‘‘(1) IN GENERAL.—Upon commitment of a 

19 prisoner sentenced to imprisonment under sub20 section (a) or (b), the Director, under such regula21 tions as the Attorney General may prescribe, shall 

22 cause a complete study to be made of the prisoner 

23 and shall furnish to the Commission a summary re24 port together with any recommendations which in 


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1 the opinion of the Director would be helpful in deter2 mining the suitability of the prisoner for parole. 

3 ‘‘(2) CONTENTS.—A report under paragraph 

4 (1) may include— 

5 ‘‘(A) data regarding the prisoner’s previous 

6 delinquency or criminal experience; 

7 ‘‘(B) pertinent circumstances of the social 

8 background, capabilities, and mental and phys9 ical health of the prisoner; and 

10 ‘‘(C) consideration of such other factors as 

11 may be considered pertinent. 

12 ‘‘(3) STUDY BY COMMISSION.—The Commission 

13 may make such other investigation relating to a 

14 prisoner as it may determine necessary. 

15 ‘‘(e) PROVISION OF INFORMATION.—Upon request of 

16 the Commission, it shall be the duty of the various proba17 tion officers and agencies of the Federal Government to 

18 furnish the Commission— 

19 ‘‘(1) information available to such officer or 

20 agency concerning any eligible prisoner or parolee; 

21 and 

22 ‘‘(2) whenever not incompatible with the public 

23 interest, their views and recommendation with re24 spect to any matter within the jurisdiction of the 

25 Commission. 


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1 ‘‘(f) REDUCTION OF MINIMUM TERM.—At any time, 

2 upon motion of the Director, the court may reduce any 

3 minimum term before a prisoner may be released on pa4 role to the time the prisoner has served. The court shall 

5 have jurisdiction to act upon the application at any time 

6 and no hearing shall be required. 

7 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sub8 chapter shall be construed to provide that any prisoner 

9 shall be eligible for release on parole if such prisoner is 

10 ineligible for such release under any other provision of law. 

11 ‘‘§ 3635. Parole determination criteria 

12 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

13 (c), and in accordance with guidelines promulgated by the 

14 Commission under section 3632, an eligible prisoner shall 

15 be released on parole if— 

16 ‘‘(1) the eligible prisoner has substantially ob17 served the rules of the institution or institutions to 

18 which the eligible prisoner has been confined; and 

19 ‘‘(2) the Commission, upon consideration of the 

20 nature and circumstances of the offense and the his21 tory and characteristics of the eligible prisoner, de22 termines that release would not— 

23 ‘‘(A) depreciate the seriousness of the of24 fense or promote disrespect for the law; or 

25 ‘‘(B) jeopardize the public welfare. 


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1 ‘‘(b) EXCEPTION.—Notwithstanding the guidelines 

2 promulgated by the Commission under section 3632, the 

3 Commission may grant or deny release on parole if it de4 termines there is good cause for so doing. 

5 ‘‘(c) NOTICE.—The Commission shall furnish an eli6 gible prisoner with a written notice of its determination 

7 (including any determination described in subsection (b)) 

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

9 of the parole determination proceeding. If parole is denied, 

10 such notice shall state with particularity the reasons for 

11 such denial. 

12 ‘‘(d) CERTAIN PRISONERS.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 any prisoner serving a term or terms of imprison15 ment of 5 years or longer, who is not earlier released 

16 under this section or any other applicable provision 

17 of law, shall be released on parole— 

18 ‘‘(A) on the date on which the prisoner has 

19 served 66.6 percent of each consecutive term or 

20 terms; or 

21 ‘‘(B) for a prisoner serving consecutive 

22 term or terms of imprisonment of more than 45 

23 years (including any life term), the earlier of— 

24 ‘‘(i) the date described in subpara25 graph (A); or 


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1 ‘‘(ii) the date on which the prisoner 

2 has served 30 years. 

3 ‘‘(2) EXCEPTION.—The Commission shall not 

4 release a prisoner under paragraph (1) if it deter5 mines that— 

6 ‘‘(A) the prisoner has seriously or fre7 quently violated institution rules and regula8 tions; or 

9 ‘‘(B) there is a reasonable probability that 

10 the prisoner will commit any Federal, State, or 

11 local crime. 

12 ‘‘§ 3636. Information considered 

13 ‘‘In making a determination under this subchapter 

14 relating to release on parole of an eligible prisoner, the 

15 Commission shall consider, if available and relevant— 

16 ‘‘(1) reports and recommendations which the 

17 staff of the facility in which such eligible prisoner is 

18 confined may make; 

19 ‘‘(2) official reports of the eligible prisoner’s 

20 prior criminal record, including a report or record of 

21 earlier probation and parole experiences; 

22 ‘‘(3) presentence investigation reports; 

23 ‘‘(4) recommendations regarding the eligible 

24 prisoner’s parole made at the time of sentencing by 

25 the sentencing judge; 


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1 ‘‘(5) reports of physical, mental, or psychiatric 

2 examination of the eligible prisoner; and 

3 ‘‘(6) such additional relevant information con4 cerning the eligible prisoner (including information 

5 submitted by the eligible prisoner) as may be reason6 ably available. 

7 ‘‘§ 3637. Parole determination proceeding; time 

8 ‘‘(a) PROCEEDINGS.— 

9 ‘‘(1) IN GENERAL.—In making a determination 

10 under this subchapter (relating to parole), the Com11 mission shall conduct a parole determination pro12 ceeding unless it determines on the basis of the eligi13 ble prisoner’s record that the eligible prisoner will be 

14 released on parole. 

15 ‘‘(2) TIMING.— 

16 ‘‘(A) IN GENERAL.—Whenever feasible, the 

17 initial parole determination proceeding for a 

18 prisoner eligible for parole under subsection 

19 (a)(1) or (b)(1) of section 3634 shall be held 

20 not later than 30 days before the date of such 

21 eligibility for parole. 

22 ‘‘(B) OTHER PROCEEDINGS.—Whenever 

23 feasible, the initial parole determination pro24 ceeding for a prisoner eligible for parole under 

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1 role, and whose parole has been revoked, shall 

2 be held not later than 120 days following such 

3 prisoner’s imprisonment or reimprisonment in a 

4 Federal institution, as the case may be. 

5 ‘‘(3) WAIVER.—An eligible prisoner may know6 ingly and intelligently waive any parole determina7 tion proceeding. 

8 ‘‘(b) NOTICE.— 

9 ‘‘(1) IN GENERAL.—Not later than 30 days be10 fore a parole determination proceeding relating to an 

11 eligible prisoner, the eligible prisoner shall be pro12 vided with— 

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

14 of the proceeding; and 

15 ‘‘(B) reasonable access to any reports or 

16 other documents to be used by the Commission 

17 in making its determination. 

18 ‘‘(2) WAIVER.—An eligible prisoner may waive 

19 notice of a parole determination proceeding, except 

20 that if notice is not waived, the proceeding shall be 

21 held during the next regularly scheduled proceedings 

22 by the Commission at the institution in which the el23 igible prisoner is confined. 

24 ‘‘(c) WITHHOLDING OF CERTAIN MATERIALS.— 


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1 ‘‘(1) IN GENERAL.—Subsection (b)(1)(B) shall 

2 not apply to— 

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

4 known to the eligible prisoner, could lead to a 

5 serious disruption of the institutional program; 

6 ‘‘(B) any document which reveals sources 

7 of information obtained upon a promise of con8 fidentiality; or 

9 ‘‘(C) any other information which, if dis10 closed, might result in harm, physical or other11 wise, to any person. 

12 ‘‘(2) SUMMARIES.—If access to a report or 

13 other document is not provided by the Commission, 

14 the Bureau of Prisons, or any other agency under 

15 paragraph (1), the Commission, the Bureau, or such 

16 other agency, respectively, shall provide to the eligi17 ble prisoner a summary of the basic contents of the 

18 material withheld, bearing in mind the need for con19 fidentiality and the impact on the eligible prisoner. 

20 ‘‘(d) CONSULTATION AND REPRESENTATION.— 

21 ‘‘(1) IN GENERAL.—During the period before a 

22 parole determination proceeding described in sub23 section (b)(1), an eligible prisoner may consult, as 

24 provided by the Director, with a representative as 


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1 referred to in paragraph (2), and by mail or other2 wise with any person concerning such proceeding. 

3 ‘‘(2) REPRESENTATION AT PROCEEDING.—An 

4 eligible prisoner shall, if the eligible prisoner choos5 es, be represented at the parole determination pro6 ceeding by a representative who qualifies under rules 

7 promulgated by the Commission. Such rules shall 

8 not exclude attorneys as a class. 

9 ‘‘(e) TESTIMONY BY ELIGIBLE PRISONER.—An eligi10 ble prisoner shall be allowed to appear and testify on his 

11 or her own behalf at the parole determination proceeding. 

12 ‘‘(f) RECORDS.—A full and complete record of every 

13 parole determination proceeding shall be retained by the 

14 Commission. Upon request, the Commission shall make 

15 available to any eligible prisoner such record as the Com16 mission may retain of the parole determination pro17 ceeding. 

18 ‘‘(g) CONFERENCE IF DENIED.—If parole is denied, 

19 and if feasible— 

20 ‘‘(1) a personal conference to explain the rea21 sons for the denial shall be held between the eligible 

22 prisoner and the Commissioners or examiners con23 ducting the proceeding at the conclusion of the pro24 ceeding; and 


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1 ‘‘(2) the conference shall include advice to the 

2 eligible prisoner as to what steps may be taken to 

3 enhance the chance of being released at a subse4 quent proceeding. 

5 ‘‘(h) SUBSEQUENT PROCEEDINGS IF DENIED.—In 

6 any case in which release on parole is not granted, subse7 quent parole determination proceedings shall be held not 

8 less frequently than every— 

9 ‘‘(1) 18 months in the case of an eligible pris10 oner serving a term or terms of imprisonment of 

11 more than 1 year and less than 7 years; and 

12 ‘‘(2) 24 months in the case of an eligible pris13 oner serving a term or terms of imprisonment of not 

14 less than 7 years. 

15 ‘‘§ 3638. Conditions of parole 

16 ‘‘(a) CONDITIONS.— 

17 ‘‘(1) NO OTHER CRIMES.—In every case, the 

18 Commission shall impose as a condition of parole 

19 that the parolee not commit another Federal, State, 

20 or local crime. 

21 ‘‘(2) OTHER CONDITIONS.—The Commission— 

22 ‘‘(A) may impose or modify other condi23 tions of parole to the extent that such condi24 tions are reasonably related to— 


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1 ‘‘(i) the nature and circumstances of 

2 the offense; and 

3 ‘‘(ii) the history and characteristics of 

4 the parolee; and 

5 ‘‘(B) may provide for such supervision and 

6 other limitations as are reasonable to protect 

7 the public welfare. 

8 ‘‘(b) SCOPE OF CONDITIONS.— 

9 ‘‘(1) IN GENERAL.—The conditions of parole 

10 should be sufficiently specific to serve as a guide to 

11 supervision and conduct. 

12 ‘‘(2) CERTIFICATE.—Upon release on parole, a 

13 parolee shall be given a certificate setting forth the 

14 conditions of parole. An effort shall be made to 

15 make certain that the parolee understands the condi16 tions of parole. 

17 ‘‘(c) TREATMENT.— 

18 ‘‘(1) IN GENERAL.—Release on parole or re19 lease as if on parole may as a condition of such re20 lease require— 

21 ‘‘(A) a parolee to reside in or participate in 

22 the program of a residential community treat23 ment center, or both, for all or part of the pe24 riod of such parole; and 


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1 ‘‘(B) a parolee who is an addict (as defined 

2 under section 102 of the Controlled Substances 

3 Act (21 U.S.C. 802)) or a drug dependent per4 son (as defined in section 2 of the Public 

5 Health Service Act (42 U.S.C. 201)) to undergo 

6 available medical, psychiatric, or psychological 

7 treatment for drug or alcohol dependency for all 

8 or part of the period of parole. 

9 ‘‘(2) COSTS.—A parolee residing in a residen10 tial community treatment center pursuant to para11 graph (1) may be required to pay such costs incident 

12 to residence as the Commission determines appro13 priate. 

14 ‘‘(d) MODIFICATION OF CONDITIONS.— 

15 ‘‘(1) IN GENERAL.—The Commission may mod16 ify conditions of parole under this section on its own 

17 motion, or on the motion of a United States proba18 tion officer supervising a parolee. 

19 ‘‘(2) NOTICE REQUIRED.—A parolee shall re20 ceive notice of a proposed modification of conditions 

21 of parol and a period of not less than 10 days after 

22 receipt of such notice to express the views of the pa23 rolee on the proposed modification. 

24 ‘‘(3) PERIOD FOR DETERMINATION.—Not later 

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1 scribed in paragraph (2), the Commission shall act 

2 upon a motion or application to modify conditions of 

3 parole. 

4 ‘‘(4) PETITION BY PAROLEE.—A parolee may 

5 petition the Commission for a modification of condi6 tions under this section. 

7 ‘‘(5) RELATION TO REVOCATION PRO8 CEEDINGS.—This subsection shall not apply to modi9 fications of parole conditions under a revocation pro10 ceeding under section 3643. 

11 ‘‘§ 3639. Jurisdiction of Commission 

12 ‘‘(a) ATTORNEY GENERAL JURISDICTION.—A pa13 rolee shall remain in the legal custody and under the con14 trol of the Attorney General, until the expiration of the 

15 maximum term or terms of imprisonment to which such 

16 parolee was sentenced. 

17 ‘‘(b) JURISDICTION OF COMMISSION GENERALLY.— 

18 Except as otherwise provided in this section, the jurisdic19 tion of the Commission over the parolee shall terminate 

20 not later than the date of the expiration of the maximum 

21 term or terms for which the parolee was sentenced, except 

22 that— 

23 ‘‘(1) such jurisdiction shall terminate at an ear24 lier date to the extent provided under section 

25 3624(b)(5) or section 3640; and 


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1 ‘‘(2) in the case of a parolee who has been con2 victed of a Federal, State, or local crime committed 

3 subsequent to release on parole that is punishable by 

4 a term of imprisonment, detention, or incarceration 

5 in any penal facility, the Commission shall deter6 mine, in accordance with subsection (b) or (c) of sec7 tion 3643, whether all or any part of the unexpired 

8 term being served at the time of parole shall run 

9 concurrently or consecutively with the sentence im10 posed for the new offense, but in no case shall such 

11 service together with such time as the parolee has 

12 previously served in connection with the offense for 

13 which the parolee was paroled, be longer than the 

14 maximum term for which the parolee was sentenced 

15 in connection with such offense. 

16 ‘‘(c) INTENTIONAL FAILURE OR REFUSAL.—If a pa17 rolee intentionally refuses or fails to respond to any rea18 sonable request, order, summons, or warrant of the Com19 mission or any member or agent thereof, the jurisdiction 

20 of the Commission may be extended for the period during 

21 which the parolee so refuses or fails to respond. 

22 ‘‘(d) OTHER SENTENCES.—The parole of any parolee 

23 shall run concurrently with the period of parole or proba24 tion under any other Federal, State, or local sentence. 

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1 sion over any parolee, the Commission shall issue a certifi2 cate of discharge to the parolee and to such other agencies 

3 as it may determine. 

4 ‘‘§ 3640. Early termination of parole 

5 ‘‘(a) IN GENERAL.—Upon its own motion or upon re6 quest of the parolee, the Commission may terminate su7 pervision over a parolee prior to the termination of juris8 diction under section 3639. 

9 ‘‘(b) STATUS REVIEWS.— 

10 ‘‘(1) IN GENERAL.—Not later than 2 years 

11 after a parolee is released on parole, and every year 

12 thereafter, the Commission shall review the status of 

13 the parolee to determine the need for continued su14 pervision. 

15 ‘‘(2) EXCLUSION OF CERTAIN PERIODS.—In 

16 calculating the 2-year period described in paragraph 

17 (1), there shall not be included any period of release 

18 on parole prior to the most recent such release, nor 

19 any period served in confinement on any other sen20 tence. 

21 ‘‘(c) TERMINATION AFTER 5 YEARS.— 

22 ‘‘(1) IN GENERAL.—Five years after a parolee 

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1 cordance with the procedures prescribed in section 

2 3643(a)(2), that such supervision should not be ter3 minated because there is a likelihood that the pa4 rolee will engaged in conduct violating any criminal 

5 law. 

6 ‘‘(2) CONTINUATION OF PAROLE.—If super7 vision is not terminated under paragraph (1), the 

8 parolee may request a hearing annually thereafter, 

9 and a hearing, with procedures in accordance with 

10 paragraph (1), shall be conducted with respect to 

11 such termination of supervision not less frequently 

12 than every 2 years. 

13 ‘‘(3) EXCLUSION OF CERTAIN PERIODS.—In 

14 calculating the 5-year period described in paragraph 

15 (1), there shall not be included any period of release 

16 on parole prior to the most recent such release, nor 

17 any period served in confinement on any other sen18 tence. 

19 ‘‘§ 3641. Aliens 

20 ‘‘(a) ELIGIBILITY OF PAROLE FOR ALIENS.—Not21 withstanding any other provision of law, aliens shall be 

22 eligible for parole under this title. 

23 ‘‘(b) ALIENS WITH FINAL ORDERS OF REMOVAL.— 

24 When an alien prisoner subject to a final order of removal 

25 becomes eligible for parole, the Commission may authorize 


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1 the release of such prisoner and, when parole becomes ef2 fective, may deliver such prisoner to a duly authorized im3 migration official for removal. 

4 ‘‘§ 3642. Summons to appear or warrant for retaking 

5 of parolee 

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

7 violated the conditions of parole, the Commission may— 

8 ‘‘(1) summon such parolee to appear at a hear9 ing conducted under section 3643; or 

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

11 provided in this section. 

12 ‘‘(b) ISSUANCE OF SUMMONS OR WARRANT.— 

13 ‘‘(1) IN GENERAL.—A summons or warrant 

14 issued under this section shall be issued by the Com15 mission as soon as practicable after discovery of the 

16 alleged violation, except when delay is determined 

17 necessary. 

18 ‘‘(2) IMPRISONMENT.—Imprisonment in an in19 stitution shall not constitute grounds for delay of 

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

21 charged with a criminal offense, issuance of a sum22 mons or warrant may be suspended pending disposi23 tion of the charge. 


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1 ‘‘(c) NOTICE.—A summons or warrant issued under 

2 this section shall provide the parolee with written notice 

3 of— 

4 ‘‘(1) the conditions of parole imposed under 

5 section 3638 that the parolee is alleged to have vio6 lated; 

7 ‘‘(2) the rights of the parolee under this sub8 chapter; and 

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

10 the Commission. 

11 ‘‘(d) EXECUTION OF WARRANTS.—An officer of a 

12 Federal penal or correctional institution, or a Federal offi13 cer authorized to serve criminal process within the United 

14 States, to whom a warrant issued under this section is 

15 delivered, shall execute such warrant by taking such pa16 rolee and returning the parolee to the custody of the re17 gional commissioner, or to the custody of the Attorney 

18 General, if the Commission shall so direct. 

19 ‘‘§ 3643. Revocation of parole 

20 ‘‘(a) REVOCATION GENERALLY.— 

21 ‘‘(1) IN GENERAL.—Except as provided in sub22 sections (b) and (c)— 

23 ‘‘(A) an alleged parole violator summoned 

24 or retaken under section 3642 shall be afforded 

25 the opportunity to have a preliminary hearing 


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1 at or reasonably near the place of the alleged 

2 parole violation or arrest, without unnecessary 

3 delay, to determine if there is probable cause to 

4 believe that the parolee has violated a condition 

5 of parole; 

6 ‘‘(B) upon a finding of probable cause, and 

7 except as provided in subparagraph (C)— 

8 ‘‘(i) a digest shall be prepared by the 

9 Commission setting forth in writing the 

10 factors considered and the reasons for the 

11 decision; and 

12 ‘‘(ii) a copy of the digest shall be 

13 given to the parolee within a reasonable 

14 period of time; 

15 ‘‘(C) the Commission may restore any pa16 rolee to parole supervision if— 

17 ‘‘(i) continuation of revocation pro18 ceedings is not warranted; 

19 ‘‘(ii) incarceration of the parolee 

20 pending further revocation proceedings is 

21 not warranted by the alleged frequency or 

22 seriousness of such violation or violations; 

23 ‘‘(iii) the parolee is not likely to fail to 

24 appear for further proceedings; and 


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1 ‘‘(iv) the parolee does not constitute a 

2 danger to himself, herself, or others; and 

3 ‘‘(D) not later than 60 days after a finding 

4 of probable cause, a revocation hearing shall be 

5 held at or reasonably near the place of the al6 leged parole violation or arrest, except that a 

7 revocation hearing may be held at the same 

8 time and place set for the preliminary hearing. 

9 ‘‘(2) HEARING PROCEDURES.—For a hearing 

10 held under paragraph (1)— 

11 ‘‘(A) notice shall be given to the parolee of 

12 the conditions of parole alleged to have been 

13 violated, and the time, place, and purposes of 

14 the scheduled hearing; 

15 ‘‘(B) the parolee shall have an opportunity 

16 to be represented by an attorney (retained by 

17 the parolee, or if the parolee is financially un18 able to retain counsel, counsel shall be provided 

19 under section 3006A) or, if the parolee so 

20 chooses, a representative as provided by rules 

21 and regulations, unless the parolee knowingly 

22 and intelligently waives such representation; 

23 ‘‘(C) the parolee shall have an opportunity 

24 to appear and testify, and present witnesses 


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1 and relevant evidence on his or her own behalf; 

2 and 

3 ‘‘(D) the parolee shall have an opportunity 

4 to be apprised of the evidence against the pa5 rolee and, if the parolee so requests, to confront 

6 and cross-examine adverse witnesses, unless the 

7 Commission specifically finds substantial reason 

8 for not so allowing. 

9 ‘‘(3) SUBPOENAS.—For purposes of paragraph 

10 (1), the Commission may subpoena witnesses and 

11 evidence, and pay witness fees as established for the 

12 courts of the United States. If a person refuses to 

13 obey such a subpoena, the Commission may petition 

14 a court of the United States for the judicial district 

15 in which such parole proceeding is being conducted, 

16 or in which such person may be found, to request 

17 such person to attend, testify, and produce evidence. 

18 The court may issue an order requiring such person 

19 to appear before the Commission, when the court 

20 finds such information, thing, or testimony directly 

21 related to a matter with respect to which the Com22 mission is empowered to make a determination 

23 under this section. Failure to obey such an order is 

24 punishable by such court as a contempt. All process 

25 in such a case may be served in the judicial district 


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1 in which such a parole proceeding is being con2 ducted, or in which such person may be found. 

3 ‘‘(b) CONVICTION OF CRIMES WHILE ON PAROLE.— 

4 ‘‘(1) IN GENERAL.—Conviction for a Federal, 

5 State, or local crime committed subsequent to re6 lease on parole shall constitute probable cause for 

7 purposes of subsection (a). 

8 ‘‘(2) PAROLEES INCARCERATED.—If a parolee 

9 has been convicted of a Federal, State, or local 

10 crime and is serving a new sentence in an institu11 tion, a parole revocation warrant or summons issued 

12 under section 3642 may be placed against the pa13 rolee as a detainer. Not later than 180 days after 

14 the Commission receives notice of the placement of 

15 a detainer, the detainer shall be reviewed by the 

16 Commission. The parolee shall receive notice of the 

17 pending review, have an opportunity to submit a 

18 written application containing information relative to 

19 the disposition of the detainer, and, unless waived, 

20 shall have counsel as provided in subsection 

21 (a)(2)(B) to assist in the preparation of such appli22 cation. 

23 ‘‘(3) HEARING.—If the Commission determines 

24 that additional information is needed to review a de25 tainer under paragraph (2), a dispositional hearing 


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1 may be held at the institution in which the parolee 

2 is confined. The parolee shall receive notice of such 

3 hearing, be allowed to appear and testify on his or 

4 her own behalf, and, unless waived, shall have coun5 sel as provided in subsection (a)(2)(B). 

6 ‘‘(4) RESOLUTION.—Following the review relat7 ing to the disposition of a detainer, the Commission 

8 may— 

9 ‘‘(A) let the detainer stand; or 

10 ‘‘(B) withdraw the detainer. 

11 ‘‘(c) CERTAIN ALLEGED PAROLE VIOLATORS.— 

12 ‘‘(1) REVOCATION HEARING.— 

13 ‘‘(A) IN GENERAL.—An alleged parole vio14 lator described in subparagraph (B) shall re15 ceive a revocation hearing within 90 days of the 

16 date of retaking. 

17 ‘‘(B) COVERED ALLEGED PAROLE VIOLA18 TORS.—An alleged parole violator described in 

19 this subparagraph is an alleged parole violator 

20 who— 

21 ‘‘(i) is summoned or retaken by war22 rant under section 3642 and knowingly 

23 and intelligently waives the right to a hear24 ing under subsection (a); 


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1 ‘‘(ii) knowingly and intelligently ad2 mits violation at a preliminary hearing 

3 held under subsection (a)(1)(A); or 

4 ‘‘(iii) is retaken under subsection (b). 

5 ‘‘(C) CONDUCT OF HEARING.—The Com6 mission may conduct a hearing under subpara7 graph (A) at the institution to which the pa8 rolee has been returned, and the alleged parole 

9 violator shall receive notice of the hearing, be 

10 allowed to appear and testify on his or her own 

11 behalf, and, unless waived, shall have counsel or 

12 another representative as provided in subsection 

13 (a)(2)(B). 

14 ‘‘(d) DISPOSITION.— 

15 ‘‘(1) IN GENERAL.—If a parolee is summoned 

16 or retaken under section 3642, and the Commission 

17 finds, in accordance with this section (including 

18 paragraph (2) of this subsection) and by a prepon19 derance of the evidence, that the parolee has violated 

20 a condition of parole, the Commission may— 

21 ‘‘(A) restore the parolee to supervision; 

22 ‘‘(B) reprimand the parolee; 

23 ‘‘(C) modify the conditions of the parole of 

24 the parolee; 


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1 ‘‘(D) refer the parolee to a residential com2 munity treatment center for all or part of the 

3 remainder of the original sentence; or 

4 ‘‘(E) formally revoke parole or release as if 

5 on parole under this title. 

6 ‘‘(2) REQUIREMENTS.—The Commission may 

7 take an action under paragraph (1) if it has taken 

8 into consideration— 

9 ‘‘(A) whether the parolee has been con10 victed of any Federal, State, or local crime sub11 sequent to release on parole, and the serious12 ness thereof; and 

13 ‘‘(B) whether the action is warranted by 

14 the frequency or seriousness of the violation by 

15 the parolee of any other condition or conditions 

16 of parole. 

17 ‘‘(e) NOTICE.—Not later than 21 days, excluding 

18 holidays, after a revocation hearing under this section, the 

19 Commission shall furnish the parolee with a written notice 

20 of its determination. If parole is revoked, a digest shall 

21 be prepared by the Commission setting forth in writing 

22 the factors considered and reasons for such action, a copy 

23 of which shall be given to the parolee. 


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1 ‘‘§ 3644. Reconsideration and appeal 

2 ‘‘(a) IN GENERAL.—If parole release is denied under 

3 section 3635, parole conditions are imposed or modified 

4 under section 3638, parole discharge is denied under sec5 tion 3640(c), or parole is modified or revoked under sec6 tion 3643, the individual to whom such decision applies 

7 may have the decision reconsidered by submitting a writ8 ten application to the regional Commissioner not later 

9 than 30 days after the date on which the decision is ren10 dered. 

11 ‘‘(b) REVIEW BY REGIONAL COMMISSIONER.—Not 

12 later than 30 days after receipt of an application under 

13 subsection (a), a regional Commissioner shall— 

14 ‘‘(1) acting in accordance with rules and regula15 tions, reaffirm, modify, or reverse the original deci16 sion; and 

17 ‘‘(2) inform the applicant in writing of the deci18 sion and the reasons therefor. 

19 ‘‘(c) APPEAL TO NATIONAL APPEALS BOARD.— 

20 ‘‘(1) IN GENERAL.—Any decision made under 

21 subsection (b) which is adverse to the applicant for 

22 reconsideration may be appealed by the individual to 

23 the National Appeals Board by submitting a written 

24 notice of appeal not later than 30 days following the 

25 date on which such decision is rendered. 


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1 ‘‘(2) REVIEW.—In accordance with rules and 

2 regulations, the National Appeals Board— 

3 ‘‘(A) not later than 60 days after receipt 

4 of an appellant’s papers, shall reaffirm, modify, 

5 or reverse the decision; and 

6 ‘‘(B) shall inform the appellant in writing 

7 of the decision and the reasons therefor. 

8 ‘‘§ 3645. Young adult offenders 

9 ‘‘(a) DEFINITION.—In this section, the term ‘young 

10 adult offender’ means an individual— 

11 ‘‘(1) who has been convicted of a Federal of12 fense; and 

13 ‘‘(2) on the date of the conviction, is not less 

14 than 22 years of age and is less than 26 years of 

15 age. 

16 ‘‘(b) TREATMENT AS A JUVENILE.—A young adult 

17 offender may be deemed a juvenile for purposes of chapter 

18 403 if, after taking into consideration the previous record 

19 of the young adult offender as to delinquency or criminal 

20 experience, the social background, capabilities, mental and 

21 physical health of the young adult offender, and such 

22 other factors as may be considered pertinent, the court 

23 finds that there are reasonable grounds to believe that the 

24 young adult offender will benefit from being treated as a 

25 juvenile under chapter 403. 


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1 ‘‘§ 3646. Applicability of Administrative Procedure 

2 Act 

3 ‘‘(a) IN GENERAL.—The Commission shall be an 

4 agency for purposes of chapter 5 of title 5, except for sec5 tions 554, 555, 556, and 557. 

6 ‘‘(b) RULEMAKING.—For purposes of subsection (a), 

7 section 553(b)(3)(A) of title 5 shall be applied as though 

8 ‘, general statements of policy,’ were struck. 

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

10 of the Commission under section 3632(a)(1) are not in 

11 accord with section 553 of title 5, they shall be reviewable 

12 in accordance with chapter 7 of title 5. 

13 ‘‘(d) EXCLUSION OF CERTAIN ACTIONS.—Actions of 

14 the Commission under paragraphs (1), (2), and (3) of sec15 tion 3632(b) shall be considered actions committed to 

16 agency discretion for purposes of section 701(a)(2) of title 

17 5.’’. 

18 (b) PERMANENT CONTINUATION OF PAROLE COM19 MISSION.—Notwithstanding section 235(b) of the Sen20 tencing Reform Act of 1984 (18 U.S.C. 3551 note), the 

21 United States Parole Commission shall not be terminated 

22 under such section and appointments to the United States 

23 Parole Commission shall be made in accordance with sec24 tion 4202 of title 18, United States Code, as in effect on 

25 the day before the effective date of the Sentencing Reform 


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1 Act of 1984 under section 235(a) of such Act (18 U.S.C. 

2 3551 note). 

3 (c) CREDIT TOWARD SERVICE OF SENTENCE FOR

4 SATISFACTORY BEHAVIOR.—Section 3624(b) of title 18, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(5) A prisoner having served the term or 

8 terms of imprisonment of the prisoner, less credit to9 ward the service of the prisoner’s sentence under 

10 this subsection, shall, upon release, be deemed as if 

11 released on parole until the expiration of the max12 imum term or terms for which the prisoner was sen13 tenced less 180 days. This paragraph shall not pre14 vent delivery of a prisoner to the authorities of any 

15 State otherwise entitled to custody of the prisoner.’’. 

16 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) Section 3553 of title 18, United States 

18 Code, is amended— 

19 (A) in subsection (b), by inserting ‘‘max20 imum’’ before ‘‘sentence of the kind’’ each place 

21 it appears; and 

22 (B) in subsection (c), in the matter pre23 ceding paragraph (1), by inserting ‘‘maximum’’ 

24 before ‘‘sentence—’’. 


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1 (2) Section 3621(a) of title 18, United States 

2 Code, is amended by inserting ‘‘on parole’’ before 

3 ‘‘for satisfactory behavior’’. 

4 (3) Section 3624 of title 18, United States 

5 Code, is amended— 

6 (A) in subsection (a), by striking ‘‘A pris7 oner’’ and inserting ‘‘Subject to release on pa8 role under subchapter D, a prisoner’’; 

9 (B) in subsection (b)(2), by inserting ‘‘, 

10 which shall not include a release on parole 

11 under subchapter D’’ after ‘‘released from cus12 tody’’; and 

13 (C) in subsection (d), by inserting ‘‘or on 

14 parole under subchapter D’’ after ‘‘Upon the 

15 release of a prisoner’’. 

16 (4) Section 4321 of title 18, United States 

17 Code, is amended by inserting ‘‘or parole’’ before the 

18 period at the end. 

19 (5) Chapter 403 of title 18, United States 

20 Code, is amended— 

21 (A) by inserting after section 5040 the fol22 lowing: 

23 ‘‘§ 5041. Parole 

24 ‘‘A juvenile delinquent who has been committed may 

25 be released on parole at any time under such conditions 


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1 and regulations as the United States Parole Commission 

2 determines proper in accordance with section 3635.’’; and 

3 (B) by striking the item relating to section 

4 5041 and inserting the following: 

‘‘5041. Parole.’’. 

5 (6) The table of subchapters for chapter 229 of 

6 title 18, United States Code, is amended by insert7 ing after the item relating to subchapter C the fol8 lowing: 

‘‘D. Parole ............................................................................................ 3631’’. 

9 (7) The Controlled Substances Act (21 U.S.C. 

10 801 et seq.) is amended— 

11 (A) in section 401(b)(1) (21 U.S.C. 

12 841(b)(1))— 

13 (i) in subparagraph (A), in the matter 

14 following clause (viii), by striking the last 

15 sentence; 

16 (ii) in subparagraph (B), in the mat17 ter following clause (viii), by striking the 

18 last sentence; and 

19 (iii) in subparagraph (C), in the last 

20 sentence, by striking ‘‘, nor shall a person 

21 so sentenced be eligible for parole during 

22 the term of such a sentence’’; 

23 (B) in section 419(d) (21 U.S.C. 860(d)), 

24 by striking the second sentence; and 


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1 (C) in section 420(e) (21 U.S.C. 861(e)), 

2 by striking the second sentence. 

3 (8) Section 1010(b) of the Controlled Sub4 stances Import and Export Act (21 U.S.C. 960(b)) 

5 is amended— 

6 (A) in paragraph (1), in the matter fol7 lowing subparagraph (H), by striking the last 

8 sentence; and 

9 (B) in paragraph (2), in the matter fol10 lowing subparagraph (H), by striking the last 

11 sentence. 

12 (e) APPLICABILITY.—The amendments made by this 

13 section shall apply with respect to any sentence imposed 

14 on or after January 1, 2017. 

15 SEC. 6. CFPB OVERSIGHT OF PROVIDERS OF MONEY 

16 TRANSFER SERVICES FOR CORRECTIONAL 

17 AND IMMIGRATION DETENTION FACILITIES. 

18 (a) DEFINITIONS.—In this section— 

19 (1) the term ‘‘Bureau’’ means the Bureau of 

20 Consumer Financial Protection; 

21 (2) the term ‘‘correctional facility’’ means a jail, 

22 prison, or other detention facility used to house peo23 ple who have been arrested, detained, held, or con24 victed by a criminal justice agency or a court; 

25 (3) the term ‘‘covered inmate’’ means— 


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1 (A) an individual who is being held, de2 tained, or incarcerated in a correctional facility; 

3 and 

4 (B) an individual who is being held in an 

5 immigration detention facility; 

6 (4) the term ‘‘covered provider’’ means a pro7 vider of a service, including a money transfer serv8 ice, that— 

9 (A) facilitates the electronic transfer of 

10 funds from an individual who is not a covered 

11 inmate to a covered inmate; 

12 (B) provides a payment to a covered in13 mate who is being released from a correctional 

14 facility or an immigration detention facility; or 

15 (C) provides a payment on behalf of a cov16 ered inmate; and 

17 (5) the term ‘‘immigration detention facility’’ 

18 means a Federal, State, or local government facility, 

19 or a privately owned and operated facility, that is 

20 used, in whole or in part, to hold individuals under 

21 the authority of the Director of U.S. Immigration 

22 and Customs Enforcement, including facilities that 

23 hold such individuals under a contract or agreement 

24 with the Department of Homeland Security. 


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1 (b) REASONABLE AND PROPORTIONAL FEE OR

2 CHARGE.—The amount of any fee or charge that a cov3 ered provider may impose with respect to a service de4 scribed in subparagraph (A), (B), or (C) of subsection 

5 (a)(4) shall be reasonable and proportional to the relative 

6 cost or value of the service. 

7 (c) REQUIREMENT TO ISSUE REGULATIONS.— 

8 (1) IN GENERAL.—Not later than 3 years after 

9 the date of enactment of this Act, the Bureau shall 

10 issue final rules to establish standards for assessing 

11 whether the amount of any fee or charge described 

12 in subsection (b) is reasonable and proportional to 

13 the relative cost or value of the service provided by 

14 a covered provider. 

15 (2) CONSIDERATIONS.—In issuing the final 

16 rules under paragraph (1), the Bureau shall con17 sider— 

18 (A) whether there are alternative means 

19 for transferring funds into correctional facilities 

20 and immigration detention facilities; 

21 (B) whether those alternatives can reason22 ably be considered comparable; 

23 (C) differing cost structures for transfer24 ring funds into correctional facilities and immi25 gration detention facilities; and 


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1 (D) such other factors as the Bureau may 

2 determine necessary or appropriate. 

3 (3) DIFFERENTIATION PERMITTED.—In issuing 

4 the final rules under paragraph (1), the Bureau may 

5 establish different standards for different types of 

6 fees and charges, as appropriate. 

7 SEC. 7. RESTRICTIONS ON THE PROVISION OF INMATE 

8 TELEPHONE AND VIDEO SERVICE. 

9 (a) DEFINITIONS.—Section 226(a) of the Commu10 nications Act of 1934 (47 U.S.C. 226(a)) is amended by 

11 adding at the end the following: 

12 ‘‘(10) The term ‘ancillary fee’ includes any 

13 charge or fee that is imposed on a user of inmate 

14 telephone and video service in addition to the per15 minute rate and connection charge. 

16 ‘‘(11) The term ‘collect’ or ‘collect call’ means 

17 a telephone call or video call from a person incarcer18 ated in a correctional institution that is billed to the 

19 subscriber receiving the call. 

20 ‘‘(12) The term ‘commission’ means a fee or 

21 other payment by a provider of inmate telephone 

22 and video service to an administrator of a correc23 tional institution, department of correction, or simi24 lar entity, based upon, or partly upon, inmate tele25 phone and video service revenue. 


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1 ‘‘(13) The term ‘debit account’ means the pay2 ment of inmate telephone and video service through 

3 a prepaid card or other account of a prisoner, which 

4 can be accessed only through an access code, per5 sonal identification number, or similar identifier. 

6 ‘‘(14) The term ‘inmate telephone and video 

7 service’ includes the provision of telephone and video 

8 service enabling persons incarcerated in correctional 

9 institutions to originate calls at payphones, tele10 phones, or video kiosks that are designated for the 

11 personal use of prisoners, regardless of whether the 

12 calls are collect, paid through a debit account, or 

13 paid through any other means. 

14 ‘‘(15) The term ‘provider of inmate telephone 

15 and video service’ means any common carrier that 

16 provides inmate telephone and video service or any 

17 other person determined by the Commission to be 

18 providing inmate telephone and video service.’’. 

19 (b) REGULATIONS.—Section 226 of the Communica20 tions Act of 1934 (47 U.S.C. 226) is further amended— 

21 (1) by redesignating subsection (i) as subsection 

22 (k); and 

23 (2) by inserting after subsection (h) the fol24 lowing: 


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1 ‘‘(i) REGULATION OF INMATE TELEPHONE AND

2 VIDEO SERVICE.— 

3 ‘‘(1) IN GENERAL.—In order to ensure that 

4 charges for inmate telephone and video service are 

5 just, reasonable, and nondiscriminatory, not later 

6 than 1 year after the date of enactment of the Jus7 tice is Not For Sale Act of 2015, the Commission 

8 shall adopt regulations on the use of inmate tele9 phone and video service that— 

10 ‘‘(A) prescribe a maximum uniform per11 minute compensation rate; 

12 ‘‘(B) prescribe a maximum uniform service 

13 connection or other per-call compensation rate; 

14 ‘‘(C) prescribe variable maximum com15 pensation rates depending on such factors as 

16 carrier costs, the size of the correctional facility 

17 served, and other relevant factors identified by 

18 the Commission; 

19 ‘‘(D) require providers of inmate telephone 

20 and video service to offer both collect calling 

21 and debit account services; 

22 ‘‘(E) address the payment of commissions 

23 by providers of inmate telephone and video 

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1 tions, departments of correction, and similar 

2 entities by— 

3 ‘‘(i) prohibiting such payments; or 

4 ‘‘(ii) limiting commission payments; 

5 ‘‘(F) require administrators of correctional 

6 institutions, departments of correction, and 

7 similar entities to allow more than 1 provider of 

8 inmate telephone and video service to provide 

9 inmate telephone and video service at a correc10 tional institution so that prisoners have a choice 

11 of such providers; and 

12 ‘‘(G) prohibit or substantially limit any an13 cillary fees imposed by a provider of inmate 

14 telephone and video service on a user of the 

15 service. 

16 ‘‘(2) SCOPE.— 

17 ‘‘(A) IN GENERAL.—The regulations 

18 adopted by the Commission under this sub19 section— 

20 ‘‘(i) shall be technologically neutral; 

21 and 

22 ‘‘(ii) shall not jeopardize legitimate se23 curity and penological interests. 

24 ‘‘(B) IMPACT ON REVENUE.—To the extent 

25 the regulations adopted by the Commission 


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1 under this subsection reduce or eliminate the 

2 revenue derived by administrators of correc3 tional institutions, departments of correction, 

4 and similar entities from the receipt of commis5 sions, such effects of the regulations shall not 

6 be considered to be jeopardizing or otherwise 

7 affecting legitimate security or penological in8 terests. 

9 ‘‘(3) PERIODIC REVIEW.—The Commission shall 

10 review, on a biennial basis, the regulations adopted 

11 under this subsection, including to determine wheth12 er any compensation rates established by the Com13 mission should be modified. 

14 ‘‘(4) STATE PREEMPTION.—To the extent that 

15 any State, local government, or private correctional 

16 facility requirements are inconsistent with the regu17 lations of the Commission affecting or pertaining to 

18 inmate telephone and video service, including restric19 tions on the payment of commissions based upon in20 mate telephone and video service revenues or earn21 ings, the regulations of the Commission on such 

22 matters shall preempt the State, local government, 

23 or private correctional facility requirements. 


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1 ‘‘(j) INMATE TELEPHONE AND VIDEO SERVICE

2 FULLY SUBJECT TO SECTIONS 201, 205, 251, 252, AND

3 276.— 

4 ‘‘(1) IN GENERAL.—Inmate telephone and video 

5 service shall be fully subject to the requirements of 

6 sections 201, 205, 251, 252, and 276. 

7 ‘‘(2) RESTRICTION.—A provider of inmate tele8 phone and video service may not block or otherwise 

9 refuse to carry a call placed by an incarcerated per10 son on the grounds that the provider has no contrac11 tual or other arrangement with the local exchange 

12 carrier serving the intended recipient of the call or 

13 other common carrier involved in any portion of the 

14 transmission of the call.’’. 

15 SEC. 8. TERMINATION OF DETENTION BED QUOTA. 

16 (a) IN GENERAL.—Title II of the Department of 

17 Homeland Security Appropriations Act, 2015 (Public Law 

18 114–4) is amended, under the heading ‘‘UNITED STATES

19 IMMIGRATION AND CUSTOMS ENFORCEMENT’’, by striking 

20 ‘‘Provided further, That funding made available under this 

21 heading shall maintain a level of not less than 34,000 de22 tention beds through September 30, 2015:’’. 

23 (b) DETENTION CAPACITY.—Notwithstanding any 

24 other provision of law, the number of detention beds main25 tained by U.S. Immigration and Customs Enforcement 


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1 shall be determined by the Secretary of Homeland Secu2 rity and shall be based solely on detention needs. 

3 (c) ALTERNATIVES TO DETENTION.— 

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security shall establish nationwide alternatives to 

6 detention programs that incorporate case manage7 ment services in each field office of the Department 

8 of Homeland Security to ensure appearances at im9 migration proceedings and public safety. 

10 (2) CONTRACT AUTHORITY.—The Secretary 

11 may contract with nongovernmental community12 based organizations— 

13 (A) to conduct screening of detainees; 

14 (B) to operate community-based super15 vision programs; and 

16 (C) to implement secure alternatives that 

17 allow U.S. Immigration and Customs Enforce18 ment to maintain custody over the alien. 

19 (3) ASSESSMENTS.—The Secretary shall regu20 larly assess the demand for alternative to detention 

21 programs and make available sufficient alternative 

22 to detention slots regardless of proximity to available 

23 detention beds. Alternative programs shall offer a 

24 continuum of supervision mechanisms and options, 

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1 sessment of each individual’s circumstances. Infor2 mation regarding the amount of slots available in 

3 each area shall be made public. 

4 (4) INDIVIDUALIZED DETERMINATIONS.—In de5 termining whether to use alternatives to detention 

6 programs, the Secretary shall make an individualized 

7 determination, and for each individual placed in an 

8 alternatives to detention program, shall review the 

9 level of supervision on a monthly basis. Alternatives 

10 to detention programs shall not be used when release 

11 on bond or recognizance is determined to be a suffi12 cient measure to ensure appearances at immigration 

13 proceedings and public safety. Detention shall not be 

14 used when alternatives to detention programs are 

15 determined to be a sufficient measure to ensure ap16 pearances at immigration proceedings and public 

17 safety. 

18 (5) CUSTODY.—The Secretary may use alter19 natives to detention programs to maintain custody 

20 over any alien detained under the Immigration and 

21 Nationality Act, except for aliens detained under 

22 section 236A of such Act (8 U.S.C. 1226a). If an 

23 individual is not eligible for release from custody or 

24 detention, the Secretary shall consider the alien for 


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1 placement in alternative programs that maintain 

2 custody over the alien. 

3 (6) VULNERABLE POPULATIONS.— 

4 (A) DEFINED TERM.—In this paragraph, 

5 the term ‘‘vulnerable population’’ includes, but 

6 is not limited to, asylum seekers, victims of tor7 ture or trafficking, families with minor children, 

8 pregnant women, nursing mothers, individuals 

9 who are gay, lesbian, bisexual, or transgender, 

10 individuals with a mental or physical disability, 

11 and individuals who are older than 65 years of 

12 age. 

13 (B) CONSIDERATIONS FOR PLACEMENT.— 

14 In determining whether to place a detainee in 

15 an alternatives to detention program, the Sec16 retary shall consider whether the detainee is a 

17 member of a vulnerable population. Notwith18 standing section 236 of the Immigration and 

19 Nationality Act (8 U.S.C. 1226), a member of 

20 a vulnerable population whose needs cannot be 

21 adequately met by a detention facility may not 

22 be held in a detention facility unless the Sec23 retary determines such placement is in the in24 terest of national security. 


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1 SEC. 9. OVERSIGHT OF DETENTION FACILITIES. 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPLICABLE STANDARDS.—The term ‘‘ap4 plicable standards’’ means the most recent version of 

5 detention standards and detention-related policies 

6 issued by the Secretary or the Director of U.S. Im7 migration and Customs Enforcement. 

8 (2) DETENTION FACILITY.—The term ‘‘deten9 tion facility’’ means a Federal, State, or local gov10 ernment facility, or a privately owned and operated 

11 facility, that is used, in whole or in part, to hold in12 dividuals under the authority of the Director of U.S. 

13 Immigration and Customs Enforcement, including 

14 facilities that hold such individuals under a contract 

15 or agreement with the Department of Homeland Se16 curity. 

17 (b) DETENTION REQUIREMENTS.—The Secretary of 

18 Homeland Security shall ensure that all persons detained 

19 pursuant to the Immigration and Nationality Act (8 

20 U.S.C. 1101 et seq.) are treated humanely and benefit 

21 from the protections set forth in this section. 

22 (c) OVERSIGHT REQUIREMENTS.— 

23 (1) ANNUAL INSPECTION.—All detention facili24 ties housing aliens in the custody of the Department 

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1 ance with applicable detention standards issued by 

2 the Secretary and other applicable regulations, by— 

3 (A) the Secretary of Homeland Security at 

4 least annually; and 

5 (B) an independent, third-party auditor at 

6 least biannually. 

7 (2) ROUTINE OVERSIGHT.—In addition to the 

8 inspections required under paragraph (1), the Sec9 retary shall conduct routine oversight of the deten10 tion facilities described in paragraph (1), including 

11 unannounced inspections. 

12 (3) AVAILABILITY OF RECORDS.—All detention 

13 facility contracts, memoranda of agreement, audits, 

14 inspections, evaluations and reviews, include those 

15 conducted by the Office for Civil Rights and Civil 

16 Liberties and the Office of Inspector General of the 

17 Department of Homeland Security, shall be consid18 ered records for purposes of section 552(f)(2) of title 

19 5, United States Code. 

20 (4) CONSULTATION.—The Secretary shall seek 

21 input from nongovernmental organizations regarding 

22 their independent opinion of specific facilities. 

23 (d) COMPLIANCE MECHANISMS.— 

24 (1) AGREEMENTS.— 


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1 (A) NEW AGREEMENTS.—Compliance with 

2 applicable standards of the Secretary of Home3 land Security and all applicable regulations, and 

4 meaningful financial penalties for failure to 

5 comply, shall be a material term in any new 

6 contract, memorandum of agreement, or any re7 negotiation, modification, or renewal of an ex8 isting contract or agreement, including fee ne9 gotiations, executed with detention facilities. 

10 (B) EXISTING AGREEMENTS.—Not later 

11 than 180 days after the date of the enactment 

12 of this Act, the Secretary shall secure a modi13 fication incorporating these terms for any exist14 ing contracts or agreements that will not be re15 negotiated, renewed, or otherwise modified. 

16 (C) CANCELLATION OF AGREEMENTS.— 

17 Unless the Secretary provides a reasonable ex18 tension to a specific detention facility that is 

19 negotiating in good faith, contracts or agree20 ments with detention facilities that are not 

21 modified within 1 year of the date of the enact22 ment of this Act will be cancelled. 

23 (D) PROVISION OF INFORMATION.—In 

24 making modifications under this paragraph, the 

25 Secretary shall require that detention facilities 


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1 provide to the Secretary all contracts, memo2 randa of agreement, evaluations, and reviews 

3 regarding the facility on a regular basis. The 

4 Secretary shall make these materials publicly 

5 available on a timely and regular basis. 

6 (2) FINANCIAL PENALTIES.— 

7 (A) REQUIREMENT TO IMPOSE.—Subject 

8 to subparagraph (C), the Secretary shall impose 

9 meaningful financial penalties upon facilities 

10 that fail to comply with applicable detention 

11 standards issued by the Secretary and other ap12 plicable regulations. 

13 (B) TIMING OF IMPOSITION.—Financial 

14 penalties imposed under subparagraph (A) shall 

15 be imposed immediately after a facility fails to 

16 achieve an adequate or the equivalent median 

17 score in any performance evaluation. 

18 (C) WAIVER.—The requirements of sub19 paragraph (A) may be waived if the facility cor20 rects the noted deficiencies and receives an ade21 quate score in not more than 90 days. 

22 (D) MULTIPLE OFFENDERS.—If the Sec23 retary determines that a facility has been per24 sistently and substantially violated the deten25 tion standards issued by the Secretary, includVerDate Sep 11 2014 02:58 Sep 19, 2015 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3543.IH H3543

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1 ing by scoring less than adequate or the equiva2 lent median score in 2 consecutive inspections— 

3 (i) the Secretary shall terminate con4 tracts or agreements with such facilities 

5 within 60 days; or 

6 (ii) in the case of facilities operated by 

7 the Secretary, the Secretary shall close 

8 such facilities within 90 days. 

9 (e) REPORTING REQUIREMENTS.— 

10 (1) OBJECTIVES.—Not later than June 30 of 

11 each year, the Secretary of Homeland Security shall 

12 submit a report to the Committee on the Judiciary 

13 of the Senate and the Committee on the Judiciary 

14 of the House of Representatives that describes the 

15 inspection and oversight activities at detention facili16 ties. 

17 (2) CONTENTS.—Each report submitted under 

18 paragraph (1) shall include— 

19 (A) a description of each detention facility 

20 found to be in noncompliance with applicable 

21 detention standards issued by the Department 

22 of Homeland Security and other applicable reg23 ulations; 

24 (B) a description of the actions taken by 

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1 compliance or other identified problems, includ2 ing financial penalties, contract or agreement 

3 termination, or facility closure; and 

4 (C) information regarding whether the ac5 tions described in subparagraph (B) resulted in 

6 compliance with applicable detention standards 

7 and regulations. 

8 SEC. 10. TERMINATION OF FAMILY DETENTION. 

9 Section 236 of the Immigration and Nationality Act 

10 (8 U.S.C. 1226) is amended by adding at the end the fol11 lowing: 

12 ‘‘(f) PROHIBITION ON DETENTION OF FAMILIES.— 

13 ‘‘(1) PROHIBITION.—Notwithstanding any other 

14 provision of this Act and except as provided in para15 graph (2), the Secretary of Homeland Security is 

16 prohibited from— 

17 ‘‘(A) detaining a family unit under the au18 thority of this section; or 

19 ‘‘(B) separating a family unit whose mem20 bers were apprehended together in order to de21 tain a family member under this section. 

22 ‘‘(2) EXCEPTION.—The Secretary of Homeland 

23 Security may detain alien parents who are— 

24 ‘‘(A) shown through an individualized de25 termination to pose a danger to the community 


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1 which cannot be mitigated by other conditions 

2 of release; and 

3 ‘‘(B) inadmissible under section 212(a)(3). 

4 ‘‘(3) ALTERNATIVES TO DETENTION.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Homeland Security shall establish alternatives 

7 to detention programs for family units who are 

8 prohibited from being detained pursuant to 

9 paragraph (1). 

10 ‘‘(B) EXCEPTION.—Alternatives to deten11 tion programs may not be used if release on 

12 bond or recognizance is determined to be a suf13 ficient measure to ensure appearances at immi14 gration proceedings and public safety.’’. 

Æ 


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