I 

108TH CONGRESS 

2D SESSION H. R. 4036

To revive the system of parole for Federal prisoners. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2004

Mr. DAVIS of Illinois introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To revive the system of parole for Federal prisoners.

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

3 SECTION 1. PAROLE. 

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

5 by inserting before chapter 313 the following: 

6 ‘‘CHAPTER 312—PAROLE

‘‘Sec. 

‘‘4201. Parole Commission created. 

‘‘4202. Powers and duties of the Commission. 

‘‘4203. Powers and duties of the Chairman. 

‘‘4204. Time of eligibility for release on parole. 

‘‘4205. Parole determination criteria. 

‘‘4206. Information considered. 

‘‘4207. Parole determination proceeding; time. 

‘‘4208. Conditions of parole. 

‘‘4209. Jurisdiction of Commission. 

‘‘4210. Early termination of parole. 
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‘‘4211. Aliens. 

‘‘4212. Summons to appear or warrant for retaking of parolee. 

‘‘4213. Revocation of parole. 

‘‘4214. Appeal. 

‘‘4215. Applicability of Administrative Procedure Act. 

‘‘4216. Definitions.

1 ‘‘§ 4201. Parole Commission created 

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

3 an independent agency in the Department of Justice, a 

4 United States Parole Commission which shall be com5 prised of nine members appointed by the President, by and 

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

7 shall designate from among the Commissioners one to 

8 serve as Chairman. 

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

10 shall be six years, except that the term of a person ap11 pointed as a Commissioner to fill a vacancy shall expire 

12 six years from the date upon which such person was ap13 pointed and qualified. Upon the expiration of a term of 

14 office of a Commissioner, the Commissioner shall continue 

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

16 except that no Commissioner may serve in excess of twelve 

17 years. 

18 ‘‘(c) COMPENSATION.—Commissioners shall be com19 pensated at the highest rate now or hereafter prescribed 

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

21 5332). 
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1 ‘‘§ 4202. Powers and duties of the Commission 

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

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

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

5 powers enumerated in subsection (b) of this section 

6 and such other rules and regulations as are nec7 essary to carry out a national parole policy and the 

8 purposes of this chapter; 

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

10 carry out this chapter; and 

11 ‘‘(3) ratify, revise, or deny any request for reg12 ular, supplemental, or deficiency appropriations, 

13 prior to the submission of the requests to the Office 

14 of Management and Budget by the Chairman, which 

15 requests shall be separate from those of any other 

16 agency of the Department of Justice. 

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

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

19 this chapter, shall have the power to—

20 ‘‘(1) grant or deny an application or rec21 ommendation to parole any eligible prisoner; 

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

23 granting parole; 

24 ‘‘(3) modify or revoke an order paroling any eli25 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 deems necessary for maintaining 

5 proper supervision of and assistance to such parol6 ees; and so as to assure that no probation officers, 

7 individuals, organizations, or agencies shall bear ex8 cessive caseloads. 

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

10 vote, and pursuant to rules and regulations—

11 ‘‘(1) may delegate to any Commissioner or com12 missioners powers enumerated in subsection (b) of 

13 this section; 

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) of this section, except that any such 

22 findings or recommendations shall be based upon the 

23 concurrence of not less than two hearing examiners; 

24 ‘‘(3) may delegate authority to conduct hear25 ings held pursuant to section 4214 to any officer or 
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1 employee of the executive or judicial branch of Fed2 eral or State government; and 

3 ‘‘(4) may review, or may delegate to the Na4 tional Appeals Board the power to review, any deci5 sion made pursuant to subparagraph (1) of this sub6 section except that any such decision so reviewed 

7 must be reaffirmed, modified or reversed within thir8 ty days of the date the decision is rendered, and, in 

9 case of such review, the individual to whom the deci10 sion applies shall be informed in writing of the Com11 mission’s actions with respect thereto and the rea12 sons for such actions. 

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

14 any action taken by the Commission pursuant to sub15 section (a) of this section shall be taken by a majority 

16 vote of all individuals currently holding office as members 

17 of the Commission which shall maintain and make avail18 able for public inspection a record of the final vote of each 

19 member on statements of policy and interpretations adopt20 ed by it. In so acting, each Commissioner shall have equal 

21 responsibility and authority, shall have full access to all 

22 information relating to the performance of such duties and 

23 responsibilities, and shall have one vote. 

24 ‘‘(e) COOPERATION WITH STATES.—
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1 ‘‘(1) GENERALLY.—The Commission shall, 

2 upon the request of the head of any law enforcement 

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

4 in a State, make available as expeditiously as pos5 sible to such agency, with respect to individuals who 

6 are under the jurisdiction of the Commission, who 

7 have been convicted of felony offenses against the 

8 United States, and who reside, are employed, or are 

9 supervised in the geographical area in which such 

10 agency has jurisdiction, the following information 

11 maintained by the Commission (to the extent that 

12 the Commission maintains such information)—

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

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

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

16 ‘‘(D) the Federal Bureau of Investigation 

17 numbers assigned to such individuals; 

18 ‘‘(E) photographs and fingerprints of such 

19 individuals; and 

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

21 United States of which each such individual has 

22 been convicted and the factual circumstances 

23 relating to such offense. 

24 ‘‘(2) NONDISSEMINATION REQUIREMENT.—Any 

25 law enforcement agency which receives information 
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1 under this subsection shall not disseminate such in2 formation outside of such agency. 

3 ‘‘§ 4203. Powers and duties of the Chairman 

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

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

6 Commission under section 4202 and such additional 

7 meetings of the Commission as the Chairman may 

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

9 three 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 administra14 tive law judge shall be subject to approval of 

15 the Commission within the first year of judge’s 

16 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 grade 9 of the General Schedule pay rates (5 

22 U.S.C. 5332); 

23 ‘‘(3) assign duties among officers and employ24 ees of the Commission, including Commissioners, so 
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1 as to balance the workload and provide for orderly 

2 administration; 

3 ‘‘(4) direct the preparation of requests for ap4 propriations for the Commission, and the use of 

5 funds made available to the Commission; 

6 ‘‘(5) designate not fewer than three Commis7 sioners to serve on the National Appeals Board of 

8 whom one shall be so designated to serve as vice 

9 chairman of the Commission (who shall act as 

10 Chairman of the Commission in the absence or dis11 ability of the Chairman or in the event of the va12 cancy of the Chairmanship), and designate, for each 

13 such region established under section 4202, one 

14 Commissioner to serve as regional Commissioner in 

15 each such region, but in each such designation the 

16 Chairman shall consider years of service, personal 

17 preference and fitness, and no such designation shall 

18 take effect unless concurred in by the President, or 

19 his designee; 

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

21 and report annually to Congress on the activities of 

22 the Commission; and 

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

24 perform such other functions as may be necessary to 
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1 carry out the purposes of this chapter or as may be 

2 otherwise provided by law. 

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

4 shall have the power to—

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

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

7 leases, cooperative agreements, and other trans8 actions as may be necessary in the conduct of the 

9 functions of the Commission, with any public agen10 cy, or with any person, firm, association, corpora11 tion, educational institution, or nonprofit organiza12 tion; 

13 ‘‘(2) accept voluntary and uncompensated serv14 ices, notwithstanding section 1342 of title 31; 

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

16 intermittent services under section 3109(b) of title 

17 5, United States Code; 

18 ‘‘(4) collect systematically the data obtained 

19 from studies, research, and the empirical experience 

20 of public and private agencies concerning the parole 

21 process; 

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

23 the parole process to develop classification systems 

24 which describe types of offenders, and to develop 
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1 theories and practices which can be applied to the 

2 different types of offenders; 

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

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

5 locations, seminars, workshops and training pro6 grams providing continuing studies and instruction 

7 for personnel of Federal, State and local agencies 

8 and private and public organizations working with 

9 parolees and connected with the parole process; and 

10 ‘‘(8) use the services, equipment, personnel, in11 formation, facilities, and instrumentalities with or 

12 without reimbursement therefor of other Federal, 

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

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

15 his functions under this section, the Chairman shall be 

16 governed by the national parole policies promulgated by 

17 the Commission. 

18 ‘‘§ 4204. Time of eligibility for release on parole 

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

20 definite term or terms of more than one year, a prisoner 

21 shall be eligible for release on parole after serving one22 third of such term or terms or after serving ten years of 

23 a life sentence (other than a life sentence imposed by the 

24 court without possibility of parole) or of a sentence of over 
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1 thirty years, except to the extent otherwise provided by 

2 law. 

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

4 Upon entering a judgment of conviction, the court having 

5 jurisdiction to impose sentence, when in its opinion the 

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

7 the defendant be sentenced to imprisonment for a term 

8 exceeding one year (other than a life sentence imposed by 

9 the court without possibility of parole), may—

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

11 imposed a minimum term at the expiration of which 

12 the prisoner shall become eligible for parole, which 

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

14 one-third of the maximum sentence imposed by the 

15 court; or 

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

17 to be served in which event the court may specify 

18 that the prisoner may be released on parole at such 

19 time as the Commission may determine. 

20 ‘‘(c) INFORMATION FOR COURT.—

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

22 desires more detailed information as a basis for de23 termining the sentence to be imposed, the court may 

24 commit the defendant to the custody of the Attorney 

25 General, which commitment shall be deemed to be 
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1 for the maximum sentence of imprisonment pre2 scribed by law, for a study as described in subsection 

3 (d). 

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

5 study, together with any recommendations which the 

6 Director of the Bureau of Prisons believes would be 

7 helpful in determining the disposition of the case, 

8 shall be furnished to the court within three months 

9 unless the court grants time, not to exceed an addi10 tional three months, for further study. 

11 ‘‘(3) COURT ORDER.—After receiving such re12 ports and recommendations, the court may in its 

13 discretion—

14 ‘‘(A) place the offender on probation as au15 thorized by section 3651; or 

16 ‘‘(B) affirm the sentence of imprisonment 

17 originally imposed, or reduce the sentence of 

18 imprisonment, and commit the offender under 

19 any applicable provision of law. 

20 ‘‘(4) COMMENCEMENT OF TERM OF SEN21 TENCE.—The term of the sentence shall run from 

22 the date of original commitment under this section. 

23 ‘‘(d) STUDY OF PRISONER SENTENCED TO IMPRIS24 ONMENT.—Upon commitment of a prisoner sentenced to 

25 imprisonment under subsection (a) or (b), the Director, 
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1 under such regulations as the Attorney General may pre2 scribe, shall cause a complete study to be made of the pris3 oner and shall furnish to the Commission a summary re4 port together with any recommendations which in his opin5 ion would be helpful in determining the suitability of the 

6 prisoner for parole. This report may include data regard7 ing the prisoner’s previous delinquency or criminal experi8 ence, pertinent circumstances of the prisoner’s social back9 ground and capabilities, the prisoner’s mental and phys10 ical health, and such other factors the Director considers 

11 pertinent. The Commission may make such other inves12 tigation as it may deem necessary. 

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

14 of the Commission, it shall be the duty of the various pro15 bation officers and government bureaus and agencies to 

16 furnish the Commission information available to such offi17 cer, bureau, or agency, concerning any eligible prisoner or 

18 parolee and whenever not incompatible with the public in19 terest, their views and recommendation with respect to 

20 any matter within the jurisdiction of the Commission. 

21 ‘‘(f) SHORT PRISON TERMS.—Any prisoner sen22 tenced to imprisonment for a term or terms of not less 

23 than six months but not more than one year shall be re24 leased at the expiration of such sentence less good time 

25 deductions provided by law, unless the court which im-
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1 posed sentence, shall, at the time of sentencing, provide 

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

3 one-third of such term or terms notwithstanding section 

4 4164. This subsection does not prevent delivery of any 

5 person released on parole to the authorities of any State 

6 otherwise entitled to his custody. 

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

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

9 any minimum term to the time the defendant has served. 

10 The court shall have jurisdiction to act upon the applica11 tion at any time and no hearing shall be required. 

12 ‘‘(h) DISCLAIMER.—Nothing in this chapter shall be 

13 construed to provide that any prisoner shall be eligible for 

14 release on parole if such prisoner is ineligible for such re15 lease under any other provision of law. 

16 ‘‘§ 4205. Parole determination criteria 

17 ‘‘(a) GENERALLY.—If an eligible prisoner has sub18 stantially observed the rules of the institution or institu19 tions to which he has been confined, and if the Commis20 sion, upon consideration of the nature and circumstances 

21 of the offense and the history and characteristics of the 

22 prisoner, determines that release would not—

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

24 promote disrespect for the law; or 

25 ‘‘(2) jeopardize the public welfare; 
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1 such prisoner shall be released. 

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

3 furnish the eligible prisoner with a written notice of its 

4 determination not later than twenty-one days, excluding 

5 holidays, after the date of the parole determination pro6 ceeding. If parole is denied such notice shall state with 

7 particularity the reasons for such denial. 

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

9 may grant or deny release on parole notwithstanding the 

10 guidelines referred to in subsection (a) of this section if 

11 it determines there is good cause for so doing, if the pris12 oner is furnished written notice stating with particularity 

13 the reasons for its determination, including a summary of 

14 the information relied upon. 

‘‘(d) RELEASE AFTER 2 15 ⁄3 OF SENTENCE.—Any pris16 oner, serving a sentence of five years or longer, who is 

17 not earlier released under this section or any other appli18 cable provision of law, shall be released on parole after 

19 having served two-thirds of each consecutive term or 

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

21 or terms of more than 45 years including any life term 

22 (other than a life term imposed by the court without possi23 bility of parole), whichever is earlier, but the Commission 

24 shall not release such prisoner if it determines that the 

25 prisoner has seriously or frequently violated institution 
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1 rules and regulations or that there is a reasonable prob2 ability that he will commit any Federal, State, or local 

3 crime. 

4 ‘‘§ 4206. Information considered 

5 ‘‘In making a determination under this chapter (re6 lating to release on parole) the Commission shall consider, 

7 if available and relevant—

8 ‘‘(1) reports and recommendations which the 

9 staff of the facility in which such prisoner is con10 fined may make; 

11 ‘‘(2) official reports of the prisoner’s prior 

12 criminal record, including a report or record of ear13 lier probation and parole experiences; 

14 ‘‘(3) presentence investigation reports; 

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

16 parole made at the time of sentencing by the sen17 tencing judge; 

18 ‘‘(5) a statement, which may be presented oral19 ly or otherwise, by any victim of the offense for 

20 which the prisoner is imprisoned about the financial, 

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

22 loss suffered by such victim; 

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

24 examination of the offender; and 
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1 ‘‘(7) such additional relevant information con2 cerning the prisoner (including information sub3 mitted by the prisoner) as may be reasonably avail4 able. 

5 ‘‘§ 4207. Parole determination proceeding; time 

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

7 under this chapter (relating to parole) the Commission 

8 shall conduct a parole determination proceeding unless it 

9 determines on the basis of the prisoner’s record that the 

10 prisoner will be released on parole. Whenever feasible, the 

11 initial parole determination proceeding for a prisoner eligi12 ble for parole under subsections (a) and (b)(1) of section 

13 4204 shall be held not later than 30 days before the date 

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

15 parole determination proceeding for a prisoner eligible for 

16 parole pursuant to subsection (b)(2) of section 4204 or 

17 released on parole and whose parole has been revoked shall 

18 be held not later than 120 days following such prisoner’s 

19 imprisonment or reimprisonment in a Federal institution, 

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

21 and intelligently waive any proceeding. 

22 ‘‘(b) PREPARATION.—(1) At least 30 days before any 

23 parole determination proceeding, the prisoner shall be pro24 vided with—
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1 ‘‘(A) written notice of the time and place of the 

2 proceeding; and 

3 ‘‘(B) reasonable access to a report or other doc4 ument to be used by the Commission in making its 

5 determination. 

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

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

8 regularly scheduled proceedings by the Commission at the 

9 institution in which the prisoner is confined. 

10 ‘‘(c) EXCEPTIONS TO DISCLOSURE.—(1) Subsection 

11 (b)(1)(B) does not apply to—

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

13 to the eligible prisoner, could lead to a serious dis14 ruption of his institutional program; 

15 ‘‘(B) any document which reveals sources of in16 formation obtained upon a promise of confiden17 tiality; or 

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

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

20 person. 

21 ‘‘(2) If any document is deemed by either the Com22 mission, the Bureau of Prisons, or any other agency to 

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

24 then it shall become the duty of the Commission, the Bu25 reau, or such other agency, as the case may be, to summa-
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1 rize the basic contents of the material withheld, bearing 

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

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

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

5 the parole determination proceeding as provided in sub6 section (b), a prisoner may consult, as provided by the 

7 director, with a representative as referred to in subpara8 graph (2) of this subsection, and by mail or otherwise with 

9 any person concerning such proceeding. 

10 ‘‘(2) The prisoner shall, if he chooses, be represented 

11 at the parole determination proceeding by a representative 

12 who qualifies under rules and regulations promulgated by 

13 the Commission. Such rules shall not exclude attorneys as 

14 a class. 

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

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

17 behalf at the parole determination proceeding. 

18 ‘‘(f) RECORD.—A full and complete record of every 

19 proceeding shall be retained by the Commission. Upon re20 quest, the Commission shall make available to any eligible 

21 prisoner such record as the Commission may retain of the 

22 proceeding. 

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

24 a personal conference to explain the reasons for such de25 nial shall be held, if feasible, between the prisoner and 
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1 a representative of the Commission at the conclusion of 

2 the proceeding. When feasible, the conference shall include 

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

4 enhance his chance of being released at a subsequent pro5 ceeding. 

6 ‘‘(h) FREQUENCY OF PAROLE DETERMINATION PRO7 CEEDINGS.—In any case in which release on parole is not 

8 granted, subsequent parole determination proceedings 

9 shall be held not less frequently than: 

10 ‘‘(1) 18 months in the case of a prisoner with 

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

12 seven years; and 

13 ‘‘(2) 24 months in the case of a prisoner with 

14 a term or terms of seven years or longer. 

15 ‘‘§ 4208. Conditions of parole 

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

17 Commission shall impose as conditions of parole that the 

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

19 that the parolee not possess illegal controlled substances, 

20 and, if a fine was imposed, that the parolee make a dili21 gent effort to pay the fine in accordance with the judg22 ment. In every case, the Commission shall impose as a 

23 condition of parole for a person described in section 

24 4042(c)(4), that the parolee report the address where the 

25 parolee will reside and any subsequent change of residence 
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1 to the probation officer responsible for supervision, and 

2 that the parolee register in any State where the parolee 

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

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

5 the Violent Crime Control and Law Enforcement Act of 

6 1994). In every case, the Commission shall impose as a 

7 condition of parole that the parolee cooperate in the collec8 tion of a DNA sample from the parolee, if the collection 

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

10 section 4 of the DNA Analysis Backlog Elimination Act 

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

12 Commission shall also impose as a condition of parole that 

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

14 from any unlawful use of a controlled substance and sub15 mit to at least 2 periodic drug tests (as determined by 

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

17 condition stated in the preceding sentence may be amelio18 rated or suspended by the Commission for any individual 

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

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

21 with the provisions of the preceding sentence shall be sub22 ject to confirmation only if the results are positive, the 

23 defendant is subject to possible imprisonment for such 

24 failure, and either the defendant denies the accuracy of 

25 such test or there is some other reason to question the 
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1 results of the test. A drug test confirmation shall be a 

2 urine drug test confirmed using gas chromatography/mass 

3 spectrometry techniques or such test as the Director of 

4 the Administrative Office of the United States Courts 

5 after consultation with the Secretary of Health and 

6 Human Services may determine to be of equivalent accu7 racy. The Commission shall consider whether the avail8 ability of appropriate substance abuse treatment pro9 grams, or an individual’s current or past participation in 

10 such programs, warrants an exception in accordance with 

11 United States Sentencing Commission guidelines from the 

12 rule of section 4214(f) when considering any action 

13 against a defendant who fails a drug test. 

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

15 impose or modify other conditions of parole to the extent 

16 that such conditions are reasonably related to—

17 ‘‘(1) the nature and circumstances of the of18 fense; and 

19 ‘‘(2) the history and characteristics of the pa20 rolee; 

21 and may provide for such supervision and other limitations 

22 as are reasonable to protect the public welfare. 

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

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

25 to supervision and conduct, and upon release on parole 
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1 the parolee shall be given a certificate setting forth the 

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

3 certain that the parolee understands the conditions of his 

4 parole. 

5 ‘‘(d) ADDITIONAL CONDITIONS.—(1) Release on pa6 role or release as if on parole (or probation, or supervised 

7 release where applicable) may as a condition of such re8 lease require—

9 ‘‘(A) a parolee to reside in or participate in the 

10 program of a residential community treatment cen11 ter, or both, for all or part of the period of such pa12 role; or 

13 ‘‘(B) a parolee to remain at his place of resi14 dence during nonworking hours and, if the Commis15 sion so directs, to have compliance with this condi16 tion monitored by telephone or electronic signaling 

17 devices, except that a condition under this para18 graph may be imposed only as an alternative to in19 carceration. 

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

21 treatment center pursuant to paragraph (1)(A) may be re22 quired to pay such costs incident to such residence as the 

23 Commission deems appropriate. 

24 ‘‘(e) MODIFICATION.—(1) The Commission may mod25 ify conditions of parole pursuant to this section on its own 
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1 motion, or on the motion of a United States probation offi2 cer supervising a parolee, if the parolee receives notice of 

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

4 to express views on the proposed modification. Following 

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

6 exclusive of holidays, to act upon such motion or applica7 tion. Notwithstanding any other provision of this para8 graph, the Commission may modify conditions of parole, 

9 without regard to such ten-day period, on any such motion 

10 if the Commission determines that the immediate modi11 fication of conditions of parole is required to prevent harm 

12 to the parolee or to the public. 

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

14 own behalf for a modification of conditions pursuant to 

15 this section. 

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

17 to modifications of parole conditions pursuant to a revoca18 tion proceeding under section 4213. 

19 ‘‘§ 4209. Jurisdiction of Commission 

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

21 custody and under the control of the Attorney General, 

22 until the expiration of the maximum term or terms for 

23 which such parolee was sentenced. 

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

25 in this section, the jurisdiction of the Commission over the 
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1 parolee shall terminate no later than the date of the expi2 ration of the maximum term or terms for which he was 

3 sentenced, except that—

4 ‘‘(1) such jurisdiction shall terminate at an ear5 lier date to the extent provided under section 4164 

6 (relating to mandatory release) or section 4211 (re7 lating to early termination of parole supervision), 

8 and 

9 ‘‘(2) in the case of a parolee who has been con10 victed of any criminal offense committed subsequent 

11 to his release on parole, and such offense is punish12 able by a term of imprisonment, detention or incar13 ceration in any penal facility, the Commission shall 

14 determine, in accordance with the provisions of sec15 tion 4214(b) or (c), whether all or any part of the 

16 unexpired term being served at the time of parole 

17 shall run concurrently or consecutively with the sen18 tence imposed for the new offense, but in no case 

19 shall such service together with such time as the pa20 rolee has previously served in connection with the of21 fense for which he was paroled, be longer than the 

22 maximum term for which he was sentenced in con23 nection with such offense. 

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

25 to have intentionally refused or failed to respond to any 
26

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

2 Commission or any member or agent thereof, the jurisdic3 tion of the Commission may be extended for the period 

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

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

6 parole of any parolee shall run concurrently with the pe7 riod of parole or probation under any other Federal, State, 

8 or local sentence. 

9 ‘‘(e) CERTIFICATE OF DISCHARGE.—Upon the termi10 nation of the jurisdiction of the Commission over any pa11 rolee, the Commission shall issue a certificate of discharge 

12 to such parolee and to such other agencies as it may deter13 mine. 

14 ‘‘§ 4210. Early termination of parole 

15 ‘‘(a) IN GENERAL.—Upon its own motion or upon re16 quest of the parolee, the Commission may terminate su17 pervision over a parolee prior to the termination of juris18 diction under section 4209. 

19 ‘‘(b) REVIEW.—Two years after each parolee’s re20 lease on parole, and at least annually thereafter, the Com21 mission shall review the status of the parolee to determine 

22 the need for continued supervision. In calculating such 

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

24 release on parole prior to the most recent such release, 
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1 nor any period served in confinement on any other sen2 tence. 

3 ‘‘(c) PRESUMPTIVE TERMINATION.—(1) Five years 

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

5 shall terminate supervision over such parolee unless it is 

6 determined, after a hearing conducted in accordance with 

7 the procedures prescribed in section 4213(a)(2), that such 

8 supervision should not be terminated because there is a 

9 likelihood that the parolee will engage in conduct violating 

10 any criminal law. 

11 ‘‘(2) If supervision is not terminated under subpara12 graph (1) of this subsection the parolee may request a 

13 hearing annually thereafter, and a hearing, with proce14 dures as provided in subparagraph (1) of this subsection, 

15 shall be conducted with respect to such termination of su16 pervision not less frequently than biennially. 

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

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

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

20 nor any period served in confinement on any other sen21 tence. 

22 ‘‘§ 4211. Aliens 

23 ‘‘When an alien prisoner subject to deportation be24 comes eligible for parole, the Commission may authorize 

25 the release of such prisoner on condition that such person 
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1 be deported and remain outside the United States. Such 

2 prisoner when his parole becomes effective, shall be deliv3 ered to the duly authorized immigration official for depor4 tation. 

5 ‘‘§ 4212. Summons to appear or warrant for retaking 

6 of parolee 

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

8 violated his parole, the Commission may—

9 ‘‘(1) summon such parolee to appear at a hear10 ing conducted pursuant to section 4213; or 

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

12 provided in this section. 

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

14 under this section shall be issued by the Commission as 

15 soon as practicable after discovery of the alleged violation, 

16 except when delay is deemed necessary. Imprisonment in 

17 an institution shall not be deemed grounds for delay of 

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

19 charged with a criminal offense, issuance of a summons 

20 or warrant may be suspended pending disposition of the 

21 charge. 

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

23 pursuant to this section shall provide the parolee with 

24 written notice of—
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1 ‘‘(1) the conditions of parole he is alleged to 

2 have violated as provided under section 4208; 

3 ‘‘(2) the parolee’s rights under this chapter; 

4 and 

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

6 the Commission. 

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

8 Federal penal or correctional institution, or any Federal 

9 officer authorized to serve criminal process within the 

10 United States, to whom a warrant issued under this sec11 tion is delivered, shall execute such warrant by taking such 

12 parolee and returning the parolee to the custody of the 

13 regional commissioner, or to the custody of the Attorney 

14 General, if the Commission shall so direct. 

15 ‘‘§ 4213. Revocation of parole 

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

17 in subsections (b) and (c), any alleged parole violator sum18 moned or retaken under section 4213 shall be accorded 

19 the opportunity to have—

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

21 near the place of the alleged parole violation or ar22 rest, without unnecessary delay, to determine if 

23 there is probable cause to believe that he has vio24 lated a condition of his parole; and upon a finding 

25 of probable cause a digest shall be prepared by the 
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1 Commission setting forth in writing the factors con2 sidered and the reasons for the decision, a copy of 

3 which shall be given to the parolee within a reason4 able period of time; except that after a finding of 

5 probable cause the Commission may restore any pa6 rolee to parole supervision if—

7 ‘‘(i) continuation of revocation proceedings 

8 is not warranted; or 

9 ‘‘(ii) incarceration of the parolee pending 

10 further revocation proceedings is not warranted 

11 by the alleged frequency or seriousness of such 

12 violation or violations; 

13 ‘‘(iii) the parolee is not likely to fail to ap14 pear for further proceedings; and 

15 ‘‘(iv) the parolee does not constitute a dan16 ger to himself or others; and 

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

18 subparagraph (1)(A), a revocation hearing at or rea19 sonably near the place of the alleged parole violation 

20 or arrest within 60 days of such determination of 

21 probable cause, except that a revocation hearing may 

22 be held at the same time and place set for the pre23 liminary hearing. 
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1 ‘‘(2) Hearings held pursuant to subparagraph (1) 

2 shall be conducted by the Commission in accordance with 

3 the following procedures: 

4 ‘‘(A) Notice to the parolee of the conditions of 

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

6 place, and purposes of the scheduled hearing. 

7 ‘‘(B) Opportunity for the parolee to be rep8 resented by an attorney (retained by the parolee, or 

9 if he is financially unable to retain counsel, counsel 

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

11 he so chooses, a representative as provided by rules 

12 and regulations, unless the parolee knowingly and 

13 intelligently waives such representation. 

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

15 testify, and present witnesses and relevant evidence. 

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

17 of the evidence against the parolee and, if the pa18 rolee so requests, to confront and cross-examine ad19 verse witnesses, unless the Commission specifically 

20 finds substantial reason for not so allowing. 

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

22 subsection, the Commission may subpoena witnesses and 

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

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

25 subpoena, the Commission may petition a court of the 
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1 United States for the judicial district in which such parole 

2 proceeding is being conducted, or in which such person 

3 may be found, to request such person to attend, testify, 

4 and produce evidence. The court may issue an order re5 quiring such person to appear before the Commission, 

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

7 directly related to a matter with respect to which the Com8 mission is empowered to make a determination under this 

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

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

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

12 proceeding is being conducted, or in which such person 

13 may be found. 

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

15 any criminal offense committed subsequent to release on 

16 parole shall constitute probable cause for purposes of sub17 section (a) of this section. In cases in which a parolee has 

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

19 sentence in an institution, a parole revocation warrant or 

20 summons issued pursuant to section 4213 may be placed 

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

22 reviewed by the Commission within one hundred and 

23 eighty days of notification to the Commission of place24 ment. The parolee shall receive notice of the pending re25 view, have an opportunity to submit a written application 
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1 containing information relative to the disposition of the 

2 detainer, and, unless waived, shall have counsel as pro3 vided in subsection (a)(2)(B) of this section to assist him 

4 in the preparation of such application. 

5 ‘‘(2) If the Commission determines that additional in6 formation is needed to review a detainer, a dispositional 

7 hearing may be held at the institution where the parolee 

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

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

10 unless waived, shall have counsel as provided in subsection 

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

12 ‘‘(3) Following the disposition review, the Commis13 sion may: 

14 ‘‘(A) let the detainer stand; or 

15 ‘‘(B) withdraw the detainer. 

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

17 summoned or retaken by warrant under section 4213 who 

18 knowingly and intelligently waives the right to a hearing 

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

20 intelligently admits violation at a preliminary hearing held 

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

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

23 receive a revocation hearing within 90 days of the date 

24 of retaking. The Commission may conduct such hearing 

25 at the institution to which he has been returned, and the 
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1 alleged parole violator shall have notice of such hearing, 

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

3 unless waived, shall have counsel or another representative 

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

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

6 parolee is summoned or retaken pursuant to section 4213, 

7 and the Commission finds pursuant to the procedures of 

8 this section and by a preponderance of the evidence that 

9 the parolee has violated a condition of his parole the Com10 mission may take any of the following actions: 

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

12 ‘‘(2) Reprimand the parolee. 

13 ‘‘(3) Modify the parolee’s conditions of the pa14 role. 

15 ‘‘(4) Refer the parolee to a residential commu16 nity treatment center for all or part of the remain17 der of his original sentence. 

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

19 parole pursuant to this title. 

20 The Commission may take any such action provided it has 

21 taken into consideration whether or not the parolee has 

22 been convicted of any Federal, State, or local crime subse23 quent to his release on parole, and the seriousness thereof, 

24 or whether such action is warranted by the frequency or 
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1 seriousness of the parolee’s violation of any other condi2 tion or conditions of his parole. 

3 ‘‘(e) WRITTEN NOTICE.—The Commission shall fur4 nish the parolee with a written notice of its determination 

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

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

7 shall be prepared by the Commission setting forth in writ8 ing the factors considered and reasons for such action, a 

9 copy of which shall be given to the parolee. 

10 ‘‘(f) CONTROLLED SUBSTANCE POSSESSION.—Not11 withstanding any other provision of this section, the Com12 mission shall revoke the parole of a parolee who is found 

13 by the Commission to be in possession of a controlled sub14 stance. 

15 ‘‘§ 4214. Appeal 

16 ‘‘(a) APPLICATION.—Whenever parole release is de17 nied under section 4205, parole conditions are imposed or 

18 modified under section 4208, parole discharge is denied 

19 under section 4210(c), or parole is modified or revoked 

20 under section 4213, the individual to whom any such deci21 sion applies may appeal such decision by submitting a 

22 written application to the National Appeal (Appeals) 

23 Board not later than 30 days following the date on which 

24 the decision is rendered. 
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1 ‘‘(b) REQUIREMENT TO ACT.—The National Appeals 

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

3 pursuant to rules and regulations within 60 days to reaf4 firm, modify, or reverse the decision and shall inform the 

5 appellant in writing of the decision and the reasons there6 for. 

7 ‘‘(c) ATTORNEY GENERAL’S REQUEST.—The Na8 tional Appeals Board may review any decision of a re9 gional commissioner upon the written request of the Attor10 ney General filed not later than 30 days following the deci11 sion and, by majority vote, shall reaffirm, modify, or re12 verse the decision within 60 days of the receipt of the At13 torney General’s request. The Board shall inform the At14 torney General and the individual to whom the decision 

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

16 ‘‘§ 4215. Applicability of administrative procedure Act 

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

18 chapter 5 of title 5, United States Code, other than sec19 tions 554, 555, 556, and 557, the Commission is an ‘agen20 cy’ as defined in such chapter. 

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

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

23 States Code, relating to rulemaking, shall be deemed not 

24 to include the phrase ‘general statements of policy’. 
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1 ‘‘(c) JUDICIAL REVIEW.—To the extent that actions 

2 of the Commission pursuant to section 4202(a)(1) are not 

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

4 they shall be reviewable in accordance with the provisions 

5 of sections 701 through 706 of title 5, United States Code. 

6 ‘‘(d) NONREVIEWABLE ACTIONS.—Actions of the 

7 Commission pursuant to paragraphs (1), (2), and (3) of 

8 section 4202(b) shall be considered actions committed to 

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

10 5, United States Code. 

11 ‘‘§ 4216. Definitions 

12 ‘‘As used in this chapter—

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

14 States Parole Commission; 

15 ‘‘(2) the term ‘Commissioner’ means any mem16 ber of the United States Parole Commission; 

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

18 the Bureau of Prisons; 

19 ‘‘(4) the term ‘eligible prisoner’ means any Fed20 eral prisoner who is eligible for parole pursuant to 

21 this title or any other law, including any Federal 

22 prisoner whose parole has been revoked and who is 

23 not otherwise ineligible for parole; 

24 ‘‘(5) the term ‘parolee’ means any eligible pris25 oner who has been released on parole or deemed as 
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1 if released on parole under section 4164 or section 

2 4205(f); and 

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

4 Commission under section 4203.’’. 

5 SEC. 2. CLERICAL AMENDMENT. 

6 The table of chapters at the beginning of part III 

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

8 before the item relating to chapter 313 the following new 

9 item:

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

10 SEC. 3. PAROLE AUTHORITY FOR CERTAIN PERSONS. 

11 The United States Parole Commission created by the 

12 amendments made by this Act shall also have jurisdiction 

13 over the parole of persons whose parole was governed by 

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

15 11231 of Public Law 105–33, and shall exercise parole 

16 authority with respect to those persons under the amend17 ments made by this Act.

Æ