II 

114TH CONGRESS 

1ST SESSION S. 2054 

To improve Federal sentencing and corrections practices, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2015 

Mr. SANDERS introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

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

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1 ciplining of individuals charged with or convicted of 

2 an offense; 

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

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

5 other general purpose political subdivision of a 

6 State; and 

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

8 United States, the District of Columbia, the Com9 monwealth of Puerto Rico, or another common10 wealth, territory, or possession of the United States. 

11 SEC. 3. ELIMINATION OF FEDERAL CONTRACTS FOR PRI12 VATELY RUN PRISONS WITHIN 3 YEARS. 

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

14 housing adult prisoners or detainees in the custody of the 

15 Federal Government’’ does not include a community cor16 rectional facility or the residence of an individual on home 

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

18 United States Code. 

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

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

21 enactment of this Act— 

22 (1) each facility housing adult prisoners or de23 tainees in the custody of the Federal Government 

24 shall be under the direct, operational control of the 

25 Federal Government; and 


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1 (2) core correctional services at each such facil2 ity shall be performed by employees of the Federal 

3 Government. 

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

5 determines that the Federal Government is unable to com6 ply with subsection (b) by the date that is 2 years after 

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

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

9 than 1 year. 

10 SEC. 4. ELIMINATION OF STATE AND LOCAL CONTRACTS 

11 FOR PRIVATELY RUN PRISONS WITHIN 3 

12 YEARS. 

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

14 housing adult prisoners or detainees in the custody of a 

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

16 treatment center, halfway house, restitution center, men17 tal health facility, alcohol or drug rehabilitation center, or 

18 other community facility that is not within the confines 

19 of a jail or prison. 

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

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

22 enactment of this Act— 

23 (1) each facility housing adult prisoners or de24 tainees in the custody of a State or local government 


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1 shall be under the direct, operational control of a 

2 State or local government; and 

3 (2) core correctional services at each such facil4 ity shall be performed by employees of a State or 

5 local government. 

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

7 determines that a State or local government is unable to 

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

9 after the date of enactment of this Act, the Attorney Gen10 eral may waive the application of subsection (b) as to that 

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

12 SEC. 5. REINSTATEMENT OF PAROLE. 

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

14 States Code, is amended by adding at the end the fol15 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. 

‘‘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. 


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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 

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

22 rules and regulations promulgated by the Commis23 sion under section 3632 and section 553 of title 5. 


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1 ‘‘§ 3632. Powers and duties of the Commission 

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

3 least quarterly, and by majority vote shall— 

4 ‘‘(1) promulgate rules and regulations estab5 lishing guidelines for the powers enumerated in sub6 section (b) and such other rules and regulations as 

7 are necessary to carry out a national parole policy 

8 and the purposes of this subchapter; 

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

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

11 5; and 

12 ‘‘(3) ratify, revise, or deny any request for reg13 ular, supplemental, or deficiency appropriations, be14 fore the submission of the requests to the Office of 

15 Management and Budget by the Chairperson, which 

16 requests shall be separate from those of any other 

17 agency in the Department of Justice. 

18 ‘‘(b) POWERS RELATING TO PAROLE.—The Commis19 sion, by majority vote, and in accordance with the proce20 dures set out in this subchapter, shall have the power to— 

21 ‘‘(1) grant or deny an application or rec22 ommendation to parole any eligible prisoner; 

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

24 granting parole; 

25 ‘‘(3) modify or revoke an order paroling any eli26 gible prisoner; and 


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1 ‘‘(4) request probation officers and other indi2 viduals, organizations, and public or private agencies 

3 to perform such duties with respect to any parolee 

4 as the Commission determines necessary— 

5 ‘‘(A) for maintaining proper supervision of 

6 and assistance to such parolees; and 

7 ‘‘(B) so as to assure that no probation offi8 cers, individuals, organizations, or agencies 

9 shall bear excessive caseloads. 

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

11 vote, and in accordance with rules and regulations— 

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

13 powers enumerated in subsection (b); 

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

15 powers necessary to conduct hearings and pro16 ceedings, take sworn testimony, obtain and make a 

17 record of pertinent information, make findings of 

18 probable cause and issue subpoenas for witnesses or 

19 evidence in parole revocation proceedings, and rec20 ommend disposition of any matters enumerated in 

21 subsection (b), except that any such findings or rec22 ommendations shall be based upon the concurrence 

23 of not less than 2 hearing examiners; 

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1 ployee of the executive or judicial branch of Federal 

2 or State government; 

3 ‘‘(4) may review, or may delegate to the Na4 tional Appeals Board the power to review, any deci5 sion made under paragraph (1), which shall be re6 affirmed, modified, or reversed not later than 30 

7 days after the date the decision is rendered; and 

8 ‘‘(5) shall provide written notice to the indi9 vidual to whom a decision described in paragraph 

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

11 thereto and the reasons for such actions. 

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

13 by law, any action taken by the Commission under sub14 section (a) shall be taken by a majority vote of all individ15 uals currently holding office as members of the Commis16 sion which shall maintain and make available for public 

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

18 statements of policy and interpretations adopted by it. In 

19 so acting, each Commissioner shall have equal responsi20 bility and authority, shall have full access to all informa21 tion relating to the performance of such duties and respon22 sibilities, and shall have 1 vote. 

23 ‘‘§ 3633. Powers and duties of the Chairperson 

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


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

2 Commission under section 3632 and such additional 

3 meetings of the Commission as the Chairperson may 

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

5 Commissioners; 

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

7 and supervise all personnel employed by the Com8 mission except that— 

9 ‘‘(A) the appointment of any hearing ex10 aminer shall be subject to approval of the Com11 mission within the first year of such hearing ex12 aminer’s employment; and 

13 ‘‘(B) regional Commissioners shall appoint 

14 and supervise such personnel employed regu15 larly and full time in their respective regions as 

16 are compensated at a rate up to and including 

17 level GS–9 of the General Schedule; 

18 ‘‘(3) assign duties among officers and employ19 ees of the Commission, including Commissioners, so 

20 as to balance the workload and provide for orderly 

21 administration; 

22 ‘‘(4) direct the preparation of requests for ap23 propriations for the Commission, and the use of 

24 funds made available to the Commission; 


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

2 National Appeals Board, 1 whom shall be designated 

3 to serve as Vice Chairperson of the Commission 

4 (who shall act as Chairperson of the Commission in 

5 the absence or disability of the Chairperson or in the 

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

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

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

9 as regional Commissioner in each such region, ex10 cept that— 

11 ‘‘(A) in each such designation the Chair12 person shall consider years of service, personal 

13 preference, and fitness; and 

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

15 unless concurred in by the President; 

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

17 and report annually to each House of Congress on 

18 the activities of the Commission; and 

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

20 perform such other functions as may be necessary to 

21 carry out the purposes of this subchapter or as may 

22 be provided under any other provision of law. 

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

24 have the power to— 


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

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

3 such contracts, leases, cooperative agreements, and 

4 other transactions as may be necessary in the con5 duct of the functions of the Commission with any 

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

7 corporation, educational institution, or nonprofit or8 ganization; 

9 ‘‘(2) accept voluntary and uncompensated serv10 ices, notwithstanding section 1342 of title 31; 

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

12 intermittent services to the same extent as is author13 ized by section 3109(b) of title 5; 

14 ‘‘(4) collect systematically the data obtained 

15 from studies, research, and the empirical experience 

16 of public and private agencies concerning the parole 

17 process; 

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

19 the parole process to develop classification systems 

20 which describe types of offenders, and to develop 

21 theories and practices which can be applied to the 

22 different types of offenders; 

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

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

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1 grams providing continuing studies and instruction 

2 for personnel of Federal, State, and local agencies 

3 and private and public organizations working with 

4 parolees and connected with the parole process; and 

5 ‘‘(8) use the services, equipment, personnel, in6 formation, facilities, and instrumentalities with or 

7 without reimbursement therefor of other Federal, 

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

9 ‘‘(c) CONSISTENCY WITH NATIONAL PAROLE POLI10 CIES.—In carrying out the functions under this section, 

11 the Chairperson shall be governed by the national parole 

12 policies promulgated by the Commission. 

13 ‘‘§ 3634. Time of eligibility for release on parole 

14 ‘‘(a) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—Except to the extent other16 wise provided by law— 

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

18 definite term or terms of imprisonment of more 

19 than 1 year shall be eligible for release on pa20 role after serving 33.3 percent of such term or 

21 terms; and 

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

23 sentence shall be eligible for release on parole 

24 after serving 10 years. 


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1 ‘‘(2) TERMS OF LESS THAN 1 YEAR.—Any pris2 oner sentenced to imprisonment for a term or terms 

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

4 year, shall be released at the expiration of such sen5 tence, unless the court which imposed sentence shall, 

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

7 release after service of 33.3 percent of such term or 

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

9 parole. This paragraph shall not prevent delivery of 

10 any person released on parole to the authorities of 

11 any State otherwise entitled to custody of the per12 son. 

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

14 a judgment of conviction, the court having jurisdiction to 

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

16 and best interest of the public require that the defendant 

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

18 may— 

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

20 imposed a minimum term at the expiration of which 

21 the defendant shall become eligible for parole, which 

22 term may not be more than 33.3 percent of the max23 imum sentence imposed by the court; or 

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

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


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1 court may specify that the defendant may be re2 leased on parole at such time as the Commission 

3 may determine. 

4 ‘‘(c) ADDITIONAL INFORMATION.— 

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

6 detailed information as a basis for determining the 

7 sentence to be imposed, the court may commit the 

8 defendant to the custody of the Attorney General, 

9 which commitment shall be deemed to be for the 

10 maximum sentence of imprisonment prescribed by 

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

12 ‘‘(2) REPORT AND RECOMMENDATIONS OF DI13 RECTOR.—Not later than 3 months after a defend14 ant is committed under paragraph (1), unless the 

15 court grants additional time, not to exceed 3 

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

17 described in subsection (d), together with any rec18 ommendations which the Director believes would be 

19 helpful in determining the disposition of the case, 

20 shall be furnished to the court. 

21 ‘‘(3) SENTENCING AFTER ADDITIONAL INFOR22 MATION.—After receiving a report and recommenda23 tions under paragraph (2), the court may in its dis24 cretion— 


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1 ‘‘(A) place the offender on probation in ac2 cordance with subchapter A; or 

3 ‘‘(B)(i)(I) affirm the sentence of imprison4 ment originally deemed to be imposed; or 

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

6 and 

7 ‘‘(ii) commit the offender under any appli8 cable provision of law. 

9 ‘‘(4) RUNNING OF TERM.—The term of a sen10 tence imposed under paragraph (3) shall run from 

11 the date of original commitment under this sub12 section. 

13 ‘‘(d) STUDY UPON COMMITMENT.— 

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

15 prisoner sentenced to imprisonment under sub16 section (a) or (b), the Director, under such regula17 tions as the Attorney General may prescribe, shall 

18 cause a complete study to be made of the prisoner 

19 and shall furnish to the Commission a summary re20 port together with any recommendations which in 

21 the opinion of the Director would be helpful in deter22 mining the suitability of the prisoner for parole. 

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

24 (1) may include— 


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

2 delinquency or criminal experience; 

3 ‘‘(B) pertinent circumstances of the social 

4 background, capabilities, and mental and phys5 ical health of the prisoner; and 

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

7 may be considered pertinent. 

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

9 may make such other investigation relating to a 

10 prisoner as it may determine necessary. 

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

12 the Commission, it shall be the duty of the various proba13 tion officers and agencies of the Federal Government to 

14 furnish the Commission— 

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

16 agency concerning any eligible prisoner or parolee; 

17 and 

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

19 interest, their views and recommendation with re20 spect to any matter within the jurisdiction of the 

21 Commission. 

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

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

24 minimum term before a prisoner may be released on pa25 role to the time the prisoner has served. The court shall 


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1 have jurisdiction to act upon the application at any time 

2 and no hearing shall be required. 

3 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sub4 chapter shall be construed to provide that any prisoner 

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

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

7 ‘‘§ 3635. Parole determination criteria 

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

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

10 Commission under section 3632, an eligible prisoner shall 

11 be released on parole if— 

12 ‘‘(1) the eligible prisoner has substantially ob13 served the rules of the institution or institutions to 

14 which the eligible prisoner has been confined; and 

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

16 nature and circumstances of the offense and the his17 tory and characteristics of the eligible prisoner, de18 termines that release would not— 

19 ‘‘(A) depreciate the seriousness of the of20 fense or promote disrespect for the law; or 

21 ‘‘(B) jeopardize the public welfare. 

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

23 promulgated by the Commission under section 3632, the 

24 Commission may grant or deny release on parole if it de25 termines there is good cause for so doing. 


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1 ‘‘(c) NOTICE.—The Commission shall furnish an eli2 gible prisoner with a written notice of its determination 

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

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

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

6 such notice shall state with particularity the reasons for 

7 such denial. 

8 ‘‘(d) CERTAIN PRISONERS.— 

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

10 any prisoner serving a term or terms of imprison11 ment of 5 years or longer, who is not earlier released 

12 under this section or any other applicable provision 

13 of law, shall be released on parole— 

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

15 served 66.6 percent of each consecutive term or 

16 terms; or 

17 ‘‘(B) for a prisoner serving consecutive 

18 term or terms of imprisonment of more than 45 

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

20 ‘‘(i) the date described in subpara21 graph (A); or 

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

23 has served 30 years. 


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

2 release a prisoner under paragraph (1) if it deter3 mines that— 

4 ‘‘(A) the prisoner has seriously or fre5 quently violated institution rules and regula6 tions; or 

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

8 the prisoner will commit any Federal, State, or 

9 local crime. 

10 ‘‘§ 3636. Information considered 

11 ‘‘In making a determination under this subchapter 

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

13 Commission shall consider, if available and relevant— 

14 ‘‘(1) reports and recommendations which the 

15 staff of the facility in which such eligible prisoner is 

16 confined may make; 

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

18 prior criminal record, including a report or record of 

19 earlier probation and parole experiences; 

20 ‘‘(3) presentence investigation reports; 

21 ‘‘(4) recommendations regarding the eligible 

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

23 the sentencing judge; 

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

25 examination of the eligible prisoner; and 


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1 ‘‘(6) such additional relevant information con2 cerning the eligible prisoner (including information 

3 submitted by the eligible prisoner) as may be reason4 ably available. 

5 ‘‘§ 3637. Parole determination proceeding; time 

6 ‘‘(a) PROCEEDINGS.— 

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

8 under this subchapter (relating to parole), the Com9 mission shall conduct a parole determination pro10 ceeding unless it determines on the basis of the eligi11 ble prisoner’s record that the eligible prisoner will be 

12 released on parole. 

13 ‘‘(2) TIMING.— 

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

15 initial parole determination proceeding for a 

16 prisoner eligible for parole under subsection 

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

18 not later than 30 days before the date of such 

19 eligibility for parole. 

20 ‘‘(B) OTHER PROCEEDINGS.—Whenever 

21 feasible, the initial parole determination pro22 ceeding for a prisoner eligible for parole under 

23 section 3634(b)(2) or who was released on pa24 role, and whose parole has been revoked, shall 

25 be held not later than 120 days following such 


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1 prisoner’s imprisonment or reimprisonment in a 

2 Federal institution, as the case may be. 

3 ‘‘(3) WAIVER.—An eligible prisoner may know4 ingly and intelligently waive any parole determina5 tion proceeding. 

6 ‘‘(b) NOTICE.— 

7 ‘‘(1) IN GENERAL.—Not later than 30 days be8 fore a parole determination proceeding relating to an 

9 eligible prisoner, the eligible prisoner shall be pro10 vided with— 

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

12 of the proceeding; and 

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

14 other documents to be used by the Commission 

15 in making its determination. 

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

17 notice of a parole determination proceeding, except 

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

19 held during the next regularly scheduled proceedings 

20 by the Commission at the institution in which the el21 igible prisoner is confined. 

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

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

24 not apply to— 


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

2 known to the eligible prisoner, could lead to a 

3 serious disruption of the institutional program; 

4 ‘‘(B) any document which reveals sources 

5 of information obtained upon a promise of con6 fidentiality; or 

7 ‘‘(C) any other information which, if dis8 closed, might result in harm, physical or other9 wise, to any person. 

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

11 other document is not provided by the Commission, 

12 the Bureau of Prisons, or any other agency under 

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

14 other agency, respectively, shall provide to the eligi15 ble prisoner a summary of the basic contents of the 

16 material withheld, bearing in mind the need for con17 fidentiality and the impact on the eligible prisoner. 

18 ‘‘(d) CONSULTATION AND REPRESENTATION.— 

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

20 parole determination proceeding described in sub21 section (b)(1), an eligible prisoner may consult, as 

22 provided by the Director, with a representative as 

23 referred to in paragraph (2), and by mail or other24 wise with any person concerning such proceeding. 


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

2 eligible prisoner shall, if the eligible prisoner choos3 es, be represented at the parole determination pro4 ceeding by a representative who qualifies under rules 

5 promulgated by the Commission. Such rules shall 

6 not exclude attorneys as a class. 

7 ‘‘(e) TESTIMONY BY ELIGIBLE PRISONER.—An eligi8 ble prisoner shall be allowed to appear and testify on his 

9 or her own behalf at the parole determination proceeding. 

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

11 parole determination proceeding shall be retained by the 

12 Commission. Upon request, the Commission shall make 

13 available to any eligible prisoner such record as the Com14 mission may retain of the parole determination pro15 ceeding. 

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

17 and if feasible— 

18 ‘‘(1) a personal conference to explain the rea19 sons for the denial shall be held between the eligible 

20 prisoner and the Commissioners or examiners con21 ducting the proceeding at the conclusion of the pro22 ceeding; and 

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

24 eligible prisoner as to what steps may be taken to 


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1 enhance the chance of being released at a subse2 quent proceeding. 

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

4 any case in which release on parole is not granted, subse5 quent parole determination proceedings shall be held not 

6 less frequently than every— 

7 ‘‘(1) 18 months in the case of an eligible pris8 oner serving a term or terms of imprisonment of 

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

10 ‘‘(2) 24 months in the case of an eligible pris11 oner serving a term or terms of imprisonment of not 

12 less than 7 years. 

13 ‘‘§ 3638. Conditions of parole 

14 ‘‘(a) CONDITIONS.— 

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

16 Commission shall impose as a condition of parole 

17 that the parolee not commit another Federal, State, 

18 or local crime. 

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

20 ‘‘(A) may impose or modify other condi21 tions of parole to the extent that such condi22 tions are reasonably related to— 

23 ‘‘(i) the nature and circumstances of 

24 the offense; and 


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1 ‘‘(ii) the history and characteristics of 

2 the parolee; and 

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

4 other limitations as are reasonable to protect 

5 the public welfare. 

6 ‘‘(b) SCOPE OF CONDITIONS.— 

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

8 should be sufficiently specific to serve as a guide to 

9 supervision and conduct. 

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

11 parolee shall be given a certificate setting forth the 

12 conditions of parole. An effort shall be made to 

13 make certain that the parolee understands the condi14 tions of parole. 

15 ‘‘(c) TREATMENT.— 

16 ‘‘(1) IN GENERAL.—Release on parole or re17 lease as if on parole may as a condition of such re18 lease require— 

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

20 the program of a residential community treat21 ment center, or both, for all or part of the pe22 riod of such parole; and 

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

24 under section 102 of the Controlled Substances 

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1 son (as defined in section 2 of the Public 

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

3 available medical, psychiatric, or psychological 

4 treatment for drug or alcohol dependency for all 

5 or part of the period of parole. 

6 ‘‘(2) COSTS.—A parolee residing in a residen7 tial community treatment center pursuant to para8 graph (1) may be required to pay such costs incident 

9 to residence as the Commission determines appro10 priate. 

11 ‘‘(d) MODIFICATION OF CONDITIONS.— 

12 ‘‘(1) IN GENERAL.—The Commission may mod13 ify conditions of parole under this section on its own 

14 motion, or on the motion of a United States proba15 tion officer supervising a parolee. 

16 ‘‘(2) NOTICE REQUIRED.—A parolee shall re17 ceive notice of a proposed modification of conditions 

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

19 receipt of such notice to express the views of the pa20 rolee on the proposed modification. 

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

22 than 21 days after the end of the 10-day period de23 scribed in paragraph (2), the Commission shall act 

24 upon a motion or application to modify conditions of 

25 parole. 


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

2 petition the Commission for a modification of condi3 tions under this section. 

4 ‘‘(5) RELATION TO REVOCATION PRO5 CEEDINGS.—This subsection shall not apply to modi6 fications of parole conditions under a revocation pro7 ceeding under section 3643. 

8 ‘‘§ 3639. Jurisdiction of Commission 

9 ‘‘(a) ATTORNEY GENERAL JURISDICTION.—A pa10 rolee shall remain in the legal custody and under the con11 trol of the Attorney General, until the expiration of the 

12 maximum term or terms of imprisonment to which such 

13 parolee was sentenced. 

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

15 Except as otherwise provided in this section, the jurisdic16 tion of the Commission over the parolee shall terminate 

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

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

19 that— 

20 ‘‘(1) such jurisdiction shall terminate at an ear21 lier date to the extent provided under section 

22 3624(b)(5) or section 3640; and 

23 ‘‘(2) in the case of a parolee who has been con24 victed of a Federal, State, or local crime committed 

25 subsequent to release on parole that is punishable by 


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1 a term of imprisonment, detention, or incarceration 

2 in any penal facility, the Commission shall deter3 mine, in accordance with subsection (b) or (c) of sec4 tion 3643, whether all or any part of the unexpired 

5 term being served at the time of parole shall run 

6 concurrently or consecutively with the sentence im7 posed for the new offense, but in no case shall such 

8 service together with such time as the parolee has 

9 previously served in connection with the offense for 

10 which the parolee was paroled, be longer than the 

11 maximum term for which the parolee was sentenced 

12 in connection with such offense. 

13 ‘‘(c) INTENTIONAL FAILURE OR REFUSAL.—If a pa14 rolee intentionally refuses or fails to respond to any rea15 sonable request, order, summons, or warrant of the Com16 mission or any member or agent thereof, the jurisdiction 

17 of the Commission may be extended for the period during 

18 which the parolee so refuses or fails to respond. 

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

20 shall run concurrently with the period of parole or proba21 tion under any other Federal, State, or local sentence. 

22 Upon the termination of the jurisdiction of the Commis23 sion over any parolee, the Commission shall issue a certifi24 cate of discharge to the parolee and to such other agencies 

25 as it may determine. 


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1 ‘‘§ 3640. Early termination of parole 

2 ‘‘(a) IN GENERAL.—Upon its own motion or upon re3 quest of the parolee, the Commission may terminate su4 pervision over a parolee prior to the termination of juris5 diction under section 3639. 

6 ‘‘(b) STATUS REVIEWS.— 

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

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

9 thereafter, the Commission shall review the status of 

10 the parolee to determine the need for continued su11 pervision. 

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

13 calculating the 2-year period described in paragraph 

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

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

16 any period served in confinement on any other sen17 tence. 

18 ‘‘(c) TERMINATION AFTER 5 YEARS.— 

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

20 is released on parole, the Commission shall termi21 nate supervision over the parolee unless the Commis22 sion determines, after a hearing conducted in ac23 cordance with the procedures prescribed in section 

24 3643(a)(2), that such supervision should not be ter25 minated because there is a likelihood that the paVerDate Sep 11 2014 02:58 Sep 19, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2054.IS S2054

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1 rolee will engaged in conduct violating any criminal 

2 law. 

3 ‘‘(2) CONTINUATION OF PAROLE.—If super4 vision is not terminated under paragraph (1), the 

5 parolee may request a hearing annually thereafter, 

6 and a hearing, with procedures in accordance with 

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

8 such termination of supervision not less frequently 

9 than every 2 years. 

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

11 calculating the 5-year period described in paragraph 

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

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

14 any period served in confinement on any other sen15 tence. 

16 ‘‘§ 3641. Aliens 

17 ‘‘(a) ELIGIBILITY OF PAROLE FOR ALIENS.—Not18 withstanding any other provision of law, aliens shall be 

19 eligible for parole under this title. 

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

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

22 becomes eligible for parole, the Commission may authorize 

23 the release of such prisoner and, when parole becomes ef24 fective, may deliver such prisoner to a duly authorized im25 migration official for removal. 


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1 ‘‘§ 3642. Summons to appear or warrant for retaking 

2 of parolee 

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

4 violated the conditions of parole, the Commission may— 

5 ‘‘(1) summon such parolee to appear at a hear6 ing conducted under section 3643; or 

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

8 provided in this section. 

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

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

11 issued under this section shall be issued by the Com12 mission as soon as practicable after discovery of the 

13 alleged violation, except when delay is determined 

14 necessary. 

15 ‘‘(2) IMPRISONMENT.—Imprisonment in an in16 stitution shall not constitute grounds for delay of 

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

18 charged with a criminal offense, issuance of a sum19 mons or warrant may be suspended pending disposi20 tion of the charge. 

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

22 this section shall provide the parolee with written notice 

23 of— 

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

25 section 3638 that the parolee is alleged to have vio26 lated; 


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1 ‘‘(2) the rights of the parolee under this sub2 chapter; and 

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

4 the Commission. 

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

6 Federal penal or correctional institution, or a Federal offi7 cer authorized to serve criminal process within the United 

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

9 delivered, shall execute such warrant by taking such pa10 rolee and returning the parolee to the custody of the re11 gional commissioner, or to the custody of the Attorney 

12 General, if the Commission shall so direct. 

13 ‘‘§ 3643. Revocation of parole 

14 ‘‘(a) REVOCATION GENERALLY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 sections (b) and (c)— 

17 ‘‘(A) an alleged parole violator summoned 

18 or retaken under section 3642 shall be afforded 

19 the opportunity to have a preliminary hearing 

20 at or reasonably near the place of the alleged 

21 parole violation or arrest, without unnecessary 

22 delay, to determine if there is probable cause to 

23 believe that the parolee has violated a condition 

24 of parole; 


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

2 except as provided in subparagraph (C)— 

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

4 Commission setting forth in writing the 

5 factors considered and the reasons for the 

6 decision; and 

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

8 given to the parolee within a reasonable 

9 period of time; 

10 ‘‘(C) the Commission may restore any pa11 rolee to parole supervision if— 

12 ‘‘(i) continuation of revocation pro13 ceedings is not warranted; 

14 ‘‘(ii) incarceration of the parolee 

15 pending further revocation proceedings is 

16 not warranted by the alleged frequency or 

17 seriousness of such violation or violations; 

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

19 appear for further proceedings; and 

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

21 danger to himself, herself, or others; and 

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

23 of probable cause, a revocation hearing shall be 

24 held at or reasonably near the place of the al25 leged parole violation or arrest, except that a 


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1 revocation hearing may be held at the same 

2 time and place set for the preliminary hearing. 

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

4 held under paragraph (1)— 

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

6 the conditions of parole alleged to have been 

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

8 the scheduled hearing; 

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

10 to be represented by an attorney (retained by 

11 the parolee, or if the parolee is financially un12 able to retain counsel, counsel shall be provided 

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

14 chooses, a representative as provided by rules 

15 and regulations, unless the parolee knowingly 

16 and intelligently waives such representation; 

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

18 to appear and testify, and present witnesses 

19 and relevant evidence on his or her own behalf; 

20 and 

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

22 to be apprised of the evidence against the pa23 rolee and, if the parolee so requests, to confront 

24 and cross-examine adverse witnesses, unless the 


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1 Commission specifically finds substantial reason 

2 for not so allowing. 

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

4 (1), the Commission may subpoena witnesses and 

5 evidence, and pay witness fees as established for the 

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

7 obey such a subpoena, the Commission may petition 

8 a court of the United States for the judicial district 

9 in which such parole proceeding is being conducted, 

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

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

12 The court may issue an order requiring such person 

13 to appear before the Commission, when the court 

14 finds such information, thing, or testimony directly 

15 related to a matter with respect to which the Com16 mission is empowered to make a determination 

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

18 punishable by such court as a contempt. All process 

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

20 in which such a parole proceeding is being con21 ducted, or in which such person may be found. 

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

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

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1 lease on parole shall constitute probable cause for 

2 purposes of subsection (a). 

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

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

5 crime and is serving a new sentence in an institu6 tion, a parole revocation warrant or summons issued 

7 under section 3642 may be placed against the pa8 rolee as a detainer. Not later than 180 days after 

9 the Commission receives notice of the placement of 

10 a detainer, the detainer shall be reviewed by the 

11 Commission. The parolee shall receive notice of the 

12 pending review, have an opportunity to submit a 

13 written application containing information relative to 

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

15 shall have counsel as provided in subsection 

16 (a)(2)(B) to assist in the preparation of such appli17 cation. 

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

19 that additional information is needed to review a de20 tainer under paragraph (2), a dispositional hearing 

21 may be held at the institution in which the parolee 

22 is confined. The parolee shall receive notice of such 

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

24 her own behalf, and, unless waived, shall have coun25 sel as provided in subsection (a)(2)(B). 


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1 ‘‘(4) RESOLUTION.—Following the review relat2 ing to the disposition of a detainer, the Commission 

3 may— 

4 ‘‘(A) let the detainer stand; or 

5 ‘‘(B) withdraw the detainer. 

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

7 ‘‘(1) REVOCATION HEARING.— 

8 ‘‘(A) IN GENERAL.—An alleged parole vio9 lator described in subparagraph (B) shall re10 ceive a revocation hearing within 90 days of the 

11 date of retaking. 

12 ‘‘(B) COVERED ALLEGED PAROLE VIOLA13 TORS.—An alleged parole violator described in 

14 this subparagraph is an alleged parole violator 

15 who— 

16 ‘‘(i) is summoned or retaken by war17 rant under section 3642 and knowingly 

18 and intelligently waives the right to a hear19 ing under subsection (a); 

20 ‘‘(ii) knowingly and intelligently ad21 mits violation at a preliminary hearing 

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

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

24 ‘‘(C) CONDUCT OF HEARING.—The Com25 mission may conduct a hearing under subparaVerDate Sep 11 2014 02:58 Sep 19, 2015 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2054.IS S2054

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1 graph (A) at the institution to which the pa2 rolee has been returned, and the alleged parole 

3 violator shall receive notice of the hearing, be 

4 allowed to appear and testify on his or her own 

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

6 another representative as provided in subsection 

7 (a)(2)(B). 

8 ‘‘(d) DISPOSITION.— 

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

10 or retaken under section 3642, and the Commission 

11 finds, in accordance with this section (including 

12 paragraph (2) of this subsection) and by a prepon13 derance of the evidence, that the parolee has violated 

14 a condition of parole, the Commission may— 

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

16 ‘‘(B) reprimand the parolee; 

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

18 the parolee; 

19 ‘‘(D) refer the parolee to a residential com20 munity treatment center for all or part of the 

21 remainder of the original sentence; or 

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

23 on parole under this title. 


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

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

3 into consideration— 

4 ‘‘(A) whether the parolee has been con5 victed of any Federal, State, or local crime sub6 sequent to release on parole, and the serious7 ness thereof; and 

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

9 the frequency or seriousness of the violation by 

10 the parolee of any other condition or conditions 

11 of parole. 

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

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

14 Commission shall furnish the parolee with a written notice 

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

16 be prepared by the Commission setting forth in writing 

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

18 of which shall be given to the parolee. 

19 ‘‘§ 3644. Reconsideration and appeal 

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

21 section 3635, parole conditions are imposed or modified 

22 under section 3638, parole discharge is denied under sec23 tion 3640(c), or parole is modified or revoked under sec24 tion 3643, the individual to whom such decision applies 

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1 ten application to the regional Commissioner not later 

2 than 30 days after the date on which the decision is ren3 dered. 

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

5 later than 30 days after receipt of an application under 

6 subsection (a), a regional Commissioner shall— 

7 ‘‘(1) acting in accordance with rules and regula8 tions, reaffirm, modify, or reverse the original deci9 sion; and 

10 ‘‘(2) inform the applicant in writing of the deci11 sion and the reasons therefor. 

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

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

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

15 reconsideration may be appealed by the individual to 

16 the National Appeals Board by submitting a written 

17 notice of appeal not later than 30 days following the 

18 date on which such decision is rendered. 

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

20 regulations, the National Appeals Board— 

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

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

23 or reverse the decision; and 

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

25 of the decision and the reasons therefor. 


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1 ‘‘§ 3645. Young adult offenders 

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

3 adult offender’ means an individual— 

4 ‘‘(1) who has been convicted of a Federal of5 fense; and 

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

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

8 age. 

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

10 offender may be deemed a juvenile for purposes of chapter 

11 403 if, after taking into consideration the previous record 

12 of the young adult offender as to delinquency or criminal 

13 experience, the social background, capabilities, mental and 

14 physical health of the young adult offender, and such 

15 other factors as may be considered pertinent, the court 

16 finds that there are reasonable grounds to believe that the 

17 young adult offender will benefit from being treated as a 

18 juvenile under chapter 403. 

19 ‘‘§ 3646. Applicability of Administrative Procedure 

20 Act 

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

22 agency for purposes of chapter 5 of title 5, except for sec23 tions 554, 555, 556, and 557. 

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

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

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


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

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

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

4 in accordance with chapter 7 of title 5. 

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

6 the Commission under paragraphs (1), (2), and (3) of sec7 tion 3632(b) shall be considered actions committed to 

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

9 5.’’. 

10 (b) PERMANENT CONTINUATION OF PAROLE COM11 MISSION.—Notwithstanding section 235(b) of the Sen12 tencing Reform Act of 1984 (18 U.S.C. 3551 note), the 

13 United States Parole Commission shall not be terminated 

14 under such section and appointments to the United States 

15 Parole Commission shall be made in accordance with sec16 tion 4202 of title 18, United States Code, as in effect on 

17 the day before the effective date of the Sentencing Reform 

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

19 3551 note). 

20 (c) CREDIT TOWARD SERVICE OF SENTENCE FOR

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

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

23 following: 

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

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1 ward the service of the prisoner’s sentence under 

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

3 released on parole until the expiration of the max4 imum term or terms for which the prisoner was sen5 tenced less 180 days. This paragraph shall not pre6 vent delivery of a prisoner to the authorities of any 

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

8 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

10 Code, is amended— 

11 (A) in subsection (b), by inserting ‘‘max12 imum’’ before ‘‘sentence of the kind’’ each place 

13 it appears; and 

14 (B) in subsection (c), in the matter pre15 ceding paragraph (1), by inserting ‘‘maximum’’ 

16 before ‘‘sentence—’’. 

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

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

19 ‘‘for satisfactory behavior’’. 

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

21 Code, is amended— 

22 (A) in subsection (a), by striking ‘‘A pris23 oner’’ and inserting ‘‘Subject to release on pa24 role under subchapter D, a prisoner’’; 


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

2 which shall not include a release on parole 

3 under subchapter D’’ after ‘‘released from cus4 tody’’; and 

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

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

7 release of a prisoner’’. 

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

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

10 period at the end. 

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

12 Code, is amended— 

13 (A) by inserting after section 5040 the fol14 lowing: 

15 ‘‘§ 5041. Parole 

16 ‘‘A juvenile delinquent who has been committed may 

17 be released on parole at any time under such conditions 

18 and regulations as the United States Parole Commission 

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

20 (B) by striking the item relating to section 

21 5041 and inserting the following: 

‘‘5041. Parole.’’. 

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

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1 ing after the item relating to subchapter C the fol2 lowing: 

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

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

4 801 et seq.) is amended— 

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

6 841(b)(1))— 

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

8 following clause (viii), by striking the last 

9 sentence; 

10 (ii) in subparagraph (B), in the mat11 ter following clause (viii), by striking the 

12 last sentence; and 

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

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

15 so sentenced be eligible for parole during 

16 the term of such a sentence’’; 

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

18 by striking the second sentence; and 

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

20 by striking the second sentence. 

21 (8) Section 1010(b) of the Controlled Sub22 stances Import and Export Act (21 U.S.C. 960(b)) 

23 is amended— 


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1 (A) in paragraph (1), in the matter fol2 lowing subparagraph (H), by striking the last 

3 sentence; and 

4 (B) in paragraph (2), in the matter fol5 lowing subparagraph (H), by striking the last 

6 sentence. 

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

8 section shall apply with respect to any sentence imposed 

9 on or after January 1, 2017. 

10 SEC. 6. CFPB OVERSIGHT OF PROVIDERS OF MONEY 

11 TRANSFER SERVICES FOR CORRECTIONAL 

12 AND IMMIGRATION DETENTION FACILITIES. 

13 (a) DEFINITIONS.—In this section— 

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

15 Consumer Financial Protection; 

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

17 prison, or other detention facility used to house peo18 ple who have been arrested, detained, held, or con19 victed by a criminal justice agency or a court; 

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

21 (A) an individual who is being held, de22 tained, or incarcerated in a correctional facility; 

23 and 

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

25 immigration detention facility; 


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1 (4) the term ‘‘covered provider’’ means a pro2 vider of a service, including a money transfer serv3 ice, that— 

4 (A) facilitates the electronic transfer of 

5 funds from an individual who is not a covered 

6 inmate to a covered inmate; 

7 (B) provides a payment to a covered in8 mate who is being released from a correctional 

9 facility or an immigration detention facility; or 

10 (C) provides a payment on behalf of a cov11 ered inmate; and 

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

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

14 or a privately owned and operated facility, that is 

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

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

17 and Customs Enforcement, including facilities that 

18 hold such individuals under a contract or agreement 

19 with the Department of Homeland Security. 

20 (b) REASONABLE AND PROPORTIONAL FEE OR

21 CHARGE.—The amount of any fee or charge that a cov22 ered provider may impose with respect to a service de23 scribed in subparagraph (A), (B), or (C) of subsection 

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

25 cost or value of the service. 


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1 (c) REQUIREMENT TO ISSUE REGULATIONS.— 

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

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

4 issue final rules to establish standards for assessing 

5 whether the amount of any fee or charge described 

6 in subsection (b) is reasonable and proportional to 

7 the relative cost or value of the service provided by 

8 a covered provider. 

9 (2) CONSIDERATIONS.—In issuing the final 

10 rules under paragraph (1), the Bureau shall con11 sider— 

12 (A) whether there are alternative means 

13 for transferring funds into correctional facilities 

14 and immigration detention facilities; 

15 (B) whether those alternatives can reason16 ably be considered comparable; 

17 (C) differing cost structures for transfer18 ring funds into correctional facilities and immi19 gration detention facilities; and 

20 (D) such other factors as the Bureau may 

21 determine necessary or appropriate. 

22 (3) DIFFERENTIATION PERMITTED.—In issuing 

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

24 establish different standards for different types of 

25 fees and charges, as appropriate. 


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1 SEC. 7. RESTRICTIONS ON THE PROVISION OF INMATE 

2 TELEPHONE AND VIDEO SERVICE. 

3 (a) DEFINITIONS.—Section 226(a) of the Commu4 nications Act of 1934 (47 U.S.C. 226(a)) is amended by 

5 adding at the end the following: 

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

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

8 telephone and video service in addition to the per9 minute rate and connection charge. 

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

11 a telephone call or video call from a person incarcer12 ated in a correctional institution that is billed to the 

13 subscriber receiving the call. 

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

15 other payment by a provider of inmate telephone 

16 and video service to an administrator of a correc17 tional institution, department of correction, or simi18 lar entity, based upon, or partly upon, inmate tele19 phone and video service revenue. 

20 ‘‘(13) The term ‘debit account’ means the pay21 ment of inmate telephone and video service through 

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

23 can be accessed only through an access code, per24 sonal identification number, or similar identifier. 

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

26 service’ includes the provision of telephone and video 


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1 service enabling persons incarcerated in correctional 

2 institutions to originate calls at payphones, tele3 phones, or video kiosks that are designated for the 

4 personal use of prisoners, regardless of whether the 

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

6 paid through any other means. 

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

8 and video service’ means any common carrier that 

9 provides inmate telephone and video service or any 

10 other person determined by the Commission to be 

11 providing inmate telephone and video service.’’. 

12 (b) REGULATIONS.—Section 226 of the Communica13 tions Act of 1934 (47 U.S.C. 226) is further amended— 

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

15 (k); and 

16 (2) by inserting after subsection (h) the fol17 lowing: 

18 ‘‘(i) REGULATION OF INMATE TELEPHONE AND

19 VIDEO SERVICE.— 

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

21 charges for inmate telephone and video service are 

22 just, reasonable, and nondiscriminatory, not later 

23 than 1 year after the date of enactment of the Jus24 tice is Not For Sale Act of 2015, the Commission 


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1 shall adopt regulations on the use of inmate tele2 phone and video service that— 

3 ‘‘(A) prescribe a maximum uniform per4 minute compensation rate; 

5 ‘‘(B) prescribe a maximum uniform service 

6 connection or other per-call compensation rate; 

7 ‘‘(C) prescribe variable maximum com8 pensation rates depending on such factors as 

9 carrier costs, the size of the correctional facility 

10 served, and other relevant factors identified by 

11 the Commission; 

12 ‘‘(D) require providers of inmate telephone 

13 and video service to offer both collect calling 

14 and debit account services; 

15 ‘‘(E) address the payment of commissions 

16 by providers of inmate telephone and video 

17 service to administrators of correctional institu18 tions, departments of correction, and similar 

19 entities by— 

20 ‘‘(i) prohibiting such payments; or 

21 ‘‘(ii) limiting commission payments; 

22 ‘‘(F) require administrators of correctional 

23 institutions, departments of correction, and 

24 similar entities to allow more than 1 provider of 

25 inmate telephone and video service to provide 


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1 inmate telephone and video service at a correc2 tional institution so that prisoners have a choice 

3 of such providers; and 

4 ‘‘(G) prohibit or substantially limit any an5 cillary fees imposed by a provider of inmate 

6 telephone and video service on a user of the 

7 service. 

8 ‘‘(2) SCOPE.— 

9 ‘‘(A) IN GENERAL.—The regulations 

10 adopted by the Commission under this sub11 section— 

12 ‘‘(i) shall be technologically neutral; 

13 and 

14 ‘‘(ii) shall not jeopardize legitimate se15 curity and penological interests. 

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

17 the regulations adopted by the Commission 

18 under this subsection reduce or eliminate the 

19 revenue derived by administrators of correc20 tional institutions, departments of correction, 

21 and similar entities from the receipt of commis22 sions, such effects of the regulations shall not 

23 be considered to be jeopardizing or otherwise 

24 affecting legitimate security or penological in25 terests. 


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

2 review, on a biennial basis, the regulations adopted 

3 under this subsection, including to determine wheth4 er any compensation rates established by the Com5 mission should be modified. 

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

7 any State, local government, or private correctional 

8 facility requirements are inconsistent with the regu9 lations of the Commission affecting or pertaining to 

10 inmate telephone and video service, including restric11 tions on the payment of commissions based upon in12 mate telephone and video service revenues or earn13 ings, the regulations of the Commission on such 

14 matters shall preempt the State, local government, 

15 or private correctional facility requirements. 

16 ‘‘(j) INMATE TELEPHONE AND VIDEO SERVICE

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

18 276.— 

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

20 service shall be fully subject to the requirements of 

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

22 ‘‘(2) RESTRICTION.—A provider of inmate tele23 phone and video service may not block or otherwise 

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1 tual or other arrangement with the local exchange 

2 carrier serving the intended recipient of the call or 

3 other common carrier involved in any portion of the 

4 transmission of the call.’’. 

5 SEC. 8. TERMINATION OF DETENTION BED QUOTA. 

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

7 Homeland Security Appropriations Act, 2015 (Public Law 

8 114–4) is amended, under the heading ‘‘UNITED STATES

9 IMMIGRATION AND CUSTOMS ENFORCEMENT’’, by striking 

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

11 heading shall maintain a level of not less than 34,000 de12 tention beds through September 30, 2015:’’. 

13 (b) DETENTION CAPACITY.—Notwithstanding any 

14 other provision of law, the number of detention beds main15 tained by U.S. Immigration and Customs Enforcement 

16 shall be determined by the Secretary of Homeland Secu17 rity and shall be based solely on detention needs. 

18 (c) ALTERNATIVES TO DETENTION.— 

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

20 Security shall establish nationwide alternatives to 

21 detention programs that incorporate case manage22 ment services in each field office of the Department 

23 of Homeland Security to ensure appearances at im24 migration proceedings and public safety. 


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1 (2) CONTRACT AUTHORITY.—The Secretary 

2 may contract with nongovernmental community3 based organizations— 

4 (A) to conduct screening of detainees; 

5 (B) to operate community-based super6 vision programs; and 

7 (C) to implement secure alternatives that 

8 allow U.S. Immigration and Customs Enforce9 ment to maintain custody over the alien. 

10 (3) ASSESSMENTS.—The Secretary shall regu11 larly assess the demand for alternative to detention 

12 programs and make available sufficient alternative 

13 to detention slots regardless of proximity to available 

14 detention beds. Alternative programs shall offer a 

15 continuum of supervision mechanisms and options, 

16 including community support, depending on an as17 sessment of each individual’s circumstances. Infor18 mation regarding the amount of slots available in 

19 each area shall be made public. 

20 (4) INDIVIDUALIZED DETERMINATIONS.—In de21 termining whether to use alternatives to detention 

22 programs, the Secretary shall make an individualized 

23 determination, and for each individual placed in an 

24 alternatives to detention program, shall review the 

25 level of supervision on a monthly basis. Alternatives 


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1 to detention programs shall not be used when release 

2 on bond or recognizance is determined to be a suffi3 cient measure to ensure appearances at immigration 

4 proceedings and public safety. Detention shall not be 

5 used when alternatives to detention programs are 

6 determined to be a sufficient measure to ensure ap7 pearances at immigration proceedings and public 

8 safety. 

9 (5) CUSTODY.—The Secretary may use alter10 natives to detention programs to maintain custody 

11 over any alien detained under the Immigration and 

12 Nationality Act, except for aliens detained under 

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

14 individual is not eligible for release from custody or 

15 detention, the Secretary shall consider the alien for 

16 placement in alternative programs that maintain 

17 custody over the alien. 

18 (6) VULNERABLE POPULATIONS.— 

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

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

21 is not limited to, asylum seekers, victims of tor22 ture or trafficking, families with minor children, 

23 pregnant women, nursing mothers, individuals 

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

25 individuals with a mental or physical disability, 


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1 and individuals who are older than 65 years of 

2 age. 

3 (B) CONSIDERATIONS FOR PLACEMENT.— 

4 In determining whether to place a detainee in 

5 an alternatives to detention program, the Sec6 retary shall consider whether the detainee is a 

7 member of a vulnerable population. Notwith8 standing section 236 of the Immigration and 

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

10 a vulnerable population whose needs cannot be 

11 adequately met by a detention facility may not 

12 be held in a detention facility unless the Sec13 retary determines such placement is in the in14 terest of national security. 

15 SEC. 9. OVERSIGHT OF DETENTION FACILITIES. 

16 (a) DEFINITIONS.—In this section: 

17 (1) APPLICABLE STANDARDS.—The term ‘‘ap18 plicable standards’’ means the most recent version of 

19 detention standards and detention-related policies 

20 issued by the Secretary or the Director of U.S. Im21 migration and Customs Enforcement. 

22 (2) DETENTION FACILITY.—The term ‘‘deten23 tion facility’’ means a Federal, State, or local gov24 ernment facility, or a privately owned and operated 

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1 dividuals under the authority of the Director of U.S. 

2 Immigration and Customs Enforcement, including 

3 facilities that hold such individuals under a contract 

4 or agreement with the Department of Homeland Se5 curity. 

6 (b) DETENTION REQUIREMENTS.—The Secretary of 

7 Homeland Security shall ensure that all persons detained 

8 pursuant to the Immigration and Nationality Act (8 

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

10 from the protections set forth in this section. 

11 (c) OVERSIGHT REQUIREMENTS.— 

12 (1) ANNUAL INSPECTION.—All detention facili13 ties housing aliens in the custody of the Department 

14 of Homeland Security shall be inspected, for compli15 ance with applicable detention standards issued by 

16 the Secretary and other applicable regulations, by— 

17 (A) the Secretary of Homeland Security at 

18 least annually; and 

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

20 least biannually. 

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

22 inspections required under paragraph (1), the Sec23 retary shall conduct routine oversight of the deten24 tion facilities described in paragraph (1), including 

25 unannounced inspections. 


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1 (3) AVAILABILITY OF RECORDS.—All detention 

2 facility contracts, memoranda of agreement, audits, 

3 inspections, evaluations and reviews, include those 

4 conducted by the Office for Civil Rights and Civil 

5 Liberties and the Office of Inspector General of the 

6 Department of Homeland Security, shall be consid7 ered records for purposes of section 552(f)(2) of title 

8 5, United States Code. 

9 (4) CONSULTATION.—The Secretary shall seek 

10 input from nongovernmental organizations regarding 

11 their independent opinion of specific facilities. 

12 (d) COMPLIANCE MECHANISMS.— 

13 (1) AGREEMENTS.— 

14 (A) NEW AGREEMENTS.—Compliance with 

15 applicable standards of the Secretary of Home16 land Security and all applicable regulations, and 

17 meaningful financial penalties for failure to 

18 comply, shall be a material term in any new 

19 contract, memorandum of agreement, or any re20 negotiation, modification, or renewal of an ex21 isting contract or agreement, including fee ne22 gotiations, executed with detention facilities. 

23 (B) EXISTING AGREEMENTS.—Not later 

24 than 180 days after the date of the enactment 

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1 fication incorporating these terms for any exist2 ing contracts or agreements that will not be re3 negotiated, renewed, or otherwise modified. 

4 (C) CANCELLATION OF AGREEMENTS.— 

5 Unless the Secretary provides a reasonable ex6 tension to a specific detention facility that is 

7 negotiating in good faith, contracts or agree8 ments with detention facilities that are not 

9 modified within 1 year of the date of the enact10 ment of this Act will be cancelled. 

11 (D) PROVISION OF INFORMATION.—In 

12 making modifications under this paragraph, the 

13 Secretary shall require that detention facilities 

14 provide to the Secretary all contracts, memo15 randa of agreement, evaluations, and reviews 

16 regarding the facility on a regular basis. The 

17 Secretary shall make these materials publicly 

18 available on a timely and regular basis. 

19 (2) FINANCIAL PENALTIES.— 

20 (A) REQUIREMENT TO IMPOSE.—Subject 

21 to subparagraph (C), the Secretary shall impose 

22 meaningful financial penalties upon facilities 

23 that fail to comply with applicable detention 

24 standards issued by the Secretary and other ap25 plicable regulations. 


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1 (B) TIMING OF IMPOSITION.—Financial 

2 penalties imposed under subparagraph (A) shall 

3 be imposed immediately after a facility fails to 

4 achieve an adequate or the equivalent median 

5 score in any performance evaluation. 

6 (C) WAIVER.—The requirements of sub7 paragraph (A) may be waived if the facility cor8 rects the noted deficiencies and receives an ade9 quate score in not more than 90 days. 

10 (D) MULTIPLE OFFENDERS.—If the Sec11 retary determines that a facility has been per12 sistently and substantially violated the deten13 tion standards issued by the Secretary, includ14 ing by scoring less than adequate or the equiva15 lent median score in 2 consecutive inspections— 

16 (i) the Secretary shall terminate con17 tracts or agreements with such facilities 

18 within 60 days; or 

19 (ii) in the case of facilities operated by 

20 the Secretary, the Secretary shall close 

21 such facilities within 90 days. 

22 (e) REPORTING REQUIREMENTS.— 

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

24 each year, the Secretary of Homeland Security shall 

25 submit a report to the Committee on the Judiciary 


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1 of the Senate and the Committee on the Judiciary 

2 of the House of Representatives that describes the 

3 inspection and oversight activities at detention facili4 ties. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include— 

7 (A) a description of each detention facility 

8 found to be in noncompliance with applicable 

9 detention standards issued by the Department 

10 of Homeland Security and other applicable reg11 ulations; 

12 (B) a description of the actions taken by 

13 the Department to remedy any findings of non14 compliance or other identified problems, includ15 ing financial penalties, contract or agreement 

16 termination, or facility closure; and 

17 (C) information regarding whether the ac18 tions described in subparagraph (B) resulted in 

19 compliance with applicable detention standards 

20 and regulations. 

21 SEC. 10. TERMINATION OF FAMILY DETENTION. 

22 Section 236 of the Immigration and Nationality Act 

23 (8 U.S.C. 1226) is amended by adding at the end the fol24 lowing: 

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


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

2 provision of this Act and except as provided in para3 graph (2), the Secretary of Homeland Security is 

4 prohibited from— 

5 ‘‘(A) detaining a family unit under the au6 thority of this section; or 

7 ‘‘(B) separating a family unit whose mem8 bers were apprehended together in order to de9 tain a family member under this section. 

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

11 Security may detain alien parents who are— 

12 ‘‘(A) shown through an individualized de13 termination to pose a danger to the community 

14 which cannot be mitigated by other conditions 

15 of release; and 

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

17 ‘‘(3) ALTERNATIVES TO DETENTION.— 

18 ‘‘(A) IN GENERAL.—The Secretary of 

19 Homeland Security shall establish alternatives 

20 to detention programs for family units who are 

21 prohibited from being detained pursuant to 

22 paragraph (1). 

23 ‘‘(B) EXCEPTION.—Alternatives to deten24 tion programs may not be used if release on 

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1 ficient measure to ensure appearances at immi2 gration proceedings and public safety.’’. 

Æ 


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