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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PAROLE. 
Part III of title 18, United States Code, is amended 
by inserting before chapter 313 the following: 
‘‘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.
‘‘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.
‘‘§ 4201. Parole Commission created 
‘‘(a) GENERALLY.—There is hereby established, as 
an independent agency in the Department of Justice, a 
United States Parole Commission which shall be com-
prised of nine members appointed by the President, by and 
with the advice and consent of the Senate. The President 
shall designate from among the Commissioners one to 
serve as Chairman. 
‘‘(b) TERM.—The term of office of a Commissioner 
shall be six years, except that the term of a person ap-
pointed as a Commissioner to fill a vacancy shall expire 
six years from the date upon which such person was ap-
pointed and qualified. Upon the expiration of a term of 
office of a Commissioner, the Commissioner shall continue 
to act until a successor has been appointed and qualified, 
except that no Commissioner may serve in excess of twelve 
years. 
‘‘(c) COMPENSATION.—Commissioners shall be com-
pensated at the highest rate now or hereafter prescribed 
for grade 18 of the General Schedule pay rates (5 U.S.C. 
5332).
‘‘§ 4202. Powers and duties of the Commission 
‘‘(a) ADMINISTRATIVE POWERS.—The Commission 
shall meet at least quarterly, and by majority vote shall—
‘‘(1) make rules establishing guidelines for the 
powers enumerated in subsection (b) of this section 
and such other rules and regulations as are nec-
essary to carry out a national parole policy and the 
purposes of this chapter; 
‘‘(2) create such regions as are necessary to 
carry out this chapter; and 
‘‘(3) ratify, revise, or deny any request for reg-
ular, supplemental, or deficiency appropriations, 
prior to the submission of the requests to the Office 
of Management and Budget by the Chairman, which 
requests shall be separate from those of any other 
agency of the Department of Justice. 
‘‘(b) SUBSTANTIVE POWERS.—The Commission, by 
majority vote, and pursuant to the procedures set out in 
this chapter, shall have the power to—
‘‘(1) grant or deny an application or rec-
ommendation to parole any eligible prisoner; 
‘‘(2) impose reasonable conditions on an order 
granting parole; 
‘‘(3) modify or revoke an order paroling any eli-
gible prisoner; and
‘‘(4) request probation officers and other indi-
viduals, organizations, and public or private agencies 
to perform such duties with respect to any parolee 
as the Commission deems necessary for maintaining 
proper supervision of and assistance to such parol-
ees; and so as to assure that no probation officers, 
individuals, organizations, or agencies shall bear ex-
cessive caseloads. 
‘‘(c) DELEGATION.—The Commission, by majority 
vote, and pursuant to rules and regulations—
‘‘(1) may delegate to any Commissioner or com-
missioners powers enumerated in subsection (b) of 
this section; 
‘‘(2) may delegate to hearing examiners any 
powers necessary to conduct hearings and pro-
ceedings, take sworn testimony, obtain and make a 
record of pertinent information, make findings of 
probable cause and issue subpoenas for witnesses or 
evidence in parole revocation proceedings, and rec-
ommend disposition of any matters enumerated in 
subsection (b) of this section, except that any such 
findings or recommendations shall be based upon the 
concurrence of not less than two hearing examiners; 
‘‘(3) may delegate authority to conduct hear-
ings held pursuant to section 4214 to any officer or
employee of the executive or judicial branch of Fed-
eral or State government; and 
‘‘(4) may review, or may delegate to the Na-
tional Appeals Board the power to review, any deci-
sion made pursuant to subparagraph (1) of this sub-
section except that any such decision so reviewed 
must be reaffirmed, modified or reversed within thir-
ty days of the date the decision is rendered, and, in 
case of such review, the individual to whom the deci-
sion applies shall be informed in writing of the Com-
mission’s actions with respect thereto and the rea-
sons for such actions. 
‘‘(d) QUORUM.—Except as otherwise provided by law, 
any action taken by the Commission pursuant to sub-
section (a) of this section shall be taken by a majority 
vote of all individuals currently holding office as members 
of the Commission which shall maintain and make avail-
able for public inspection a record of the final vote of each 
member on statements of policy and interpretations adopt-
ed by it. In so acting, each Commissioner shall have equal 
responsibility and authority, shall have full access to all 
information relating to the performance of such duties and 
responsibilities, and shall have one vote. 
‘‘(e) COOPERATION WITH STATES.—
‘‘(1) 
GENERALLY.—The 
Commission 
shall, 
upon the request of the head of any law enforcement 
agency of a State or of a unit of local government 
in a State, make available as expeditiously as pos-
sible to such agency, with respect to individuals who 
are under the jurisdiction of the Commission, who 
have been convicted of felony offenses against the 
United States, and who reside, are employed, or are 
supervised in the geographical area in which such 
agency has jurisdiction, the following information 
maintained by the Commission (to the extent that 
the Commission maintains such information)—
‘‘(A) the names of such individuals; 
‘‘(B) the addresses of such individuals; 
‘‘(C) the dates of birth of such individuals; 
‘‘(D) the Federal Bureau of Investigation 
numbers assigned to such individuals; 
‘‘(E) photographs and fingerprints of such 
individuals; and 
‘‘(F) the nature of the offenses against the 
United States of which each such individual has 
been convicted and the factual circumstances 
relating to such offense. 
‘‘(2) NONDISSEMINATION REQUIREMENT.—Any 
law enforcement agency which receives information
under this subsection shall not disseminate such in-
formation outside of such agency. 
‘‘§ 4203. Powers and duties of the Chairman 
‘‘(a) GENERALLY.—The Chairman shall—
‘‘(1) convene and preside at meetings of the 
Commission under section 4202 and such additional 
meetings of the Commission as the Chairman may 
call or as may be requested in writing by at least 
three Commissioners; 
‘‘(2) appoint, fix the compensation of, assign, 
and supervise all personnel employed by the Com-
mission except that—
‘‘(A) the appointment of any administra-
tive law judge shall be subject to approval of 
the Commission within the first year of judge’s 
employment; and 
‘‘(B) regional Commissioners shall appoint 
and supervise such personnel employed regu-
larly and full time in their respective regions as 
are compensated at a rate up to and including 
grade 9 of the General Schedule pay rates (5 
U.S.C. 5332); 
‘‘(3) assign duties among officers and employ-
ees of the Commission, including Commissioners, so
as to balance the workload and provide for orderly 
administration; 
‘‘(4) direct the preparation of requests for ap-
propriations for the Commission, and the use of 
funds made available to the Commission; 
‘‘(5) designate not fewer than three Commis-
sioners to serve on the National Appeals Board of 
whom one shall be so designated to serve as vice 
chairman of the Commission (who shall act as 
Chairman of the Commission in the absence or dis-
ability of the Chairman or in the event of the va-
cancy of the Chairmanship), and designate, for each 
such region established under section 4202, one 
Commissioner to serve as regional Commissioner in 
each such region, but in each such designation the 
Chairman shall consider years of service, personal 
preference and fitness, and no such designation shall 
take effect unless concurred in by the President, or 
his designee; 
‘‘(6) serve as spokesman for the Commission 
and report annually to Congress on the activities of 
the Commission; and 
‘‘(7) exercise such other powers and duties and 
perform such other functions as may be necessary to
carry out the purposes of this chapter or as may be 
otherwise provided by law. 
‘‘(b) ADMINISTRATIVE
POWERS.—The Chairman 
shall have the power to—
‘‘(1) without regard to section 3324(a) and (b) 
of title 31, enter into and perform such contracts, 
leases, cooperative agreements, and other trans-
actions as may be necessary in the conduct of the 
functions of the Commission, with any public agen-
cy, or with any person, firm, association, corpora-
tion, educational institution, or nonprofit organiza-
tion; 
‘‘(2) accept voluntary and uncompensated serv-
ices, notwithstanding section 1342 of title 31; 
‘‘(3) procure for the Commission temporary and 
intermittent services under section 3109(b) of title 
5, United States Code; 
‘‘(4) collect systematically the data obtained 
from studies, research, and the empirical experience 
of public and private agencies concerning the parole 
process; 
‘‘(5) carry out programs of research concerning 
the parole process to develop classification systems 
which describe types of offenders, and to develop
theories and practices which can be applied to the 
different types of offenders; 
‘‘(6) publish data concerning the parole process; 
‘‘(7) devise and conduct, in various geographical 
locations, seminars, workshops and training pro-
grams providing continuing studies and instruction 
for personnel of Federal, State and local agencies 
and private and public organizations working with 
parolees and connected with the parole process; and 
‘‘(8) use the services, equipment, personnel, in-
formation, facilities, and instrumentalities with or 
without reimbursement therefor of other Federal, 
State, local, and private agencies with their consent. 
‘‘(c) POLICIES TO BE FOLLOWED.—In carrying out 
his functions under this section, the Chairman shall be 
governed by the national parole policies promulgated by 
the Commission. 
‘‘§ 4204. Time of eligibility for release on parole 
‘‘(a) GENERALLY.—Whenever confined and serving a 
definite term or terms of more than one year, a prisoner 
shall be eligible for release on parole after serving one-
third of such term or terms or after serving ten years of 
a life sentence (other than a life sentence imposed by the 
court without possibility of parole) or of a sentence of over
thirty years, except to the extent otherwise provided by 
law. 
‘‘(b) COURTS’ POWER AT TIME OF SENTENCING.—
Upon entering a judgment of conviction, the court having 
jurisdiction to impose sentence, when in its opinion the 
ends of justice and best interest of the public require that 
the defendant be sentenced to imprisonment for a term 
exceeding one year (other than a life sentence imposed by 
the court without possibility of parole), may—
‘‘(1) designate in the sentence of imprisonment 
imposed a minimum term at the expiration of which 
the prisoner shall become eligible for parole, which 
term may be less than but shall not be more than 
one-third of the maximum sentence imposed by the 
court; or 
‘‘(2) fix the maximum sentence of imprisonment 
to be served in which event the court may specify 
that the prisoner may be released on parole at such 
time as the Commission may determine. 
‘‘(c) INFORMATION FOR COURT.—
‘‘(1) COMMITMENT FOR STUDY.—If the court 
desires more detailed information as a basis for de-
termining the sentence to be imposed, the court may 
commit the defendant to the custody of the Attorney 
General, which commitment shall be deemed to be
for the maximum sentence of imprisonment pre-
scribed by law, for a study as described in subsection 
(d). 
‘‘(2) REPORT TO COURT.—The results of such 
study, together with any recommendations which the 
Director of the Bureau of Prisons believes would be 
helpful in determining the disposition of the case, 
shall be furnished to the court within three months 
unless the court grants time, not to exceed an addi-
tional three months, for further study. 
‘‘(3) COURT ORDER.—After receiving such re-
ports and recommendations, the court may in its 
discretion—
‘‘(A) place the offender on probation as au-
thorized by section 3651; or 
‘‘(B) affirm the sentence of imprisonment 
originally imposed, or reduce the sentence of 
imprisonment, and commit the offender under 
any applicable provision of law. 
‘‘(4) COMMENCEMENT
OF
TERM
OF
SEN-
TENCE.—The term of the sentence shall run from 
the date of original commitment under this section. 
‘‘(d) STUDY OF PRISONER SENTENCED TO IMPRIS-
ONMENT.—Upon commitment of a prisoner sentenced to 
imprisonment under subsection (a) or (b), the Director,
under such regulations as the Attorney General may pre-
scribe, shall cause a complete study to be made of the pris-
oner and shall furnish to the Commission a summary re-
port together with any recommendations which in his opin-
ion would be helpful in determining the suitability of the 
prisoner for parole. This report may include data regard-
ing the prisoner’s previous delinquency or criminal experi-
ence, pertinent circumstances of the prisoner’s social back-
ground and capabilities, the prisoner’s mental and phys-
ical health, and such other factors the Director considers 
pertinent. The Commission may make such other inves-
tigation as it may deem necessary. 
‘‘(e) DUTY OF PROBATION OFFICERS.—Upon request 
of the Commission, it shall be the duty of the various pro-
bation officers and government bureaus and agencies to 
furnish the Commission information available to such offi-
cer, bureau, or agency, concerning any eligible prisoner or 
parolee and whenever not incompatible with the public in-
terest, their views and recommendation with respect to 
any matter within the jurisdiction of the Commission. 
‘‘(f) SHORT PRISON TERMS.—Any prisoner sen-
tenced to imprisonment for a term or terms of not less 
than six months but not more than one year shall be re-
leased at the expiration of such sentence less good time 
deductions provided by law, unless the court which im-
posed sentence, shall, at the time of sentencing, provide 
for the prisoner’s release as if on parole after service of 
one-third of such term or terms notwithstanding section 
4164. This subsection does not prevent delivery of any 
person released on parole to the authorities of any State 
otherwise entitled to his custody. 
‘‘(g) REDUCTION IN SENTENCE.—At any time upon 
motion of the Bureau of Prisons, the court may reduce 
any minimum term to the time the defendant has served. 
The court shall have jurisdiction to act upon the applica-
tion at any time and no hearing shall be required. 
‘‘(h) DISCLAIMER.—Nothing in this chapter shall be 
construed to provide that any prisoner shall be eligible for 
release on parole if such prisoner is ineligible for such re-
lease under any other provision of law. 
‘‘§ 4205. Parole determination criteria 
‘‘(a) GENERALLY.—If an eligible prisoner has sub-
stantially observed the rules of the institution or institu-
tions to which he has been confined, and if the Commis-
sion, upon consideration of the nature and circumstances 
of the offense and the history and characteristics of the 
prisoner, determines that release would not—
‘‘(1) depreciate the seriousness of his offense or 
promote disrespect for the law; or 
‘‘(2) jeopardize the public welfare;
such prisoner shall be released. 
‘‘(b) NOTICE TO PRISONER.—The Commission shall 
furnish the eligible prisoner with a written notice of its 
determination not later than twenty-one days, excluding 
holidays, after the date of the parole determination pro-
ceeding. If parole is denied such notice shall state with 
particularity the reasons for such denial. 
‘‘(c) GOOD CAUSE EXCEPTION.—The Commission 
may grant or deny release on parole notwithstanding the 
guidelines referred to in subsection (a) of this section if 
it determines there is good cause for so doing, if the pris-
oner is furnished written notice stating with particularity 
the reasons for its determination, including a summary of 
the information relied upon. 
‘‘(d) RELEASE AFTER 2⁄3 OF SENTENCE.—Any pris-
oner, serving a sentence of five years or longer, who is 
not earlier released under this section or any other appli-
cable provision of law, shall be released on parole after 
having served two-thirds of each consecutive term or 
terms, or after serving 30 years of each consecutive term 
or terms of more than 45 years including any life term 
(other than a life term imposed by the court without possi-
bility of parole), whichever is earlier, but the Commission 
shall not release such prisoner if it determines that the 
prisoner has seriously or frequently violated institution
rules and regulations or that there is a reasonable prob-
ability that he will commit any Federal, State, or local 
crime. 
‘‘§ 4206. Information considered 
‘‘In making a determination under this chapter (re-
lating to release on parole) the Commission shall consider, 
if available and relevant—
‘‘(1) reports and recommendations which the 
staff of the facility in which such prisoner is con-
fined may make; 
‘‘(2) official reports of the prisoner’s prior 
criminal record, including a report or record of ear-
lier probation and parole experiences; 
‘‘(3) presentence investigation reports; 
‘‘(4) recommendations regarding the prisoner’s 
parole made at the time of sentencing by the sen-
tencing judge; 
‘‘(5) a statement, which may be presented oral-
ly or otherwise, by any victim of the offense for 
which the prisoner is imprisoned about the financial, 
social, psychological, and emotional harm done to, or 
loss suffered by such victim; 
‘‘(6) reports of physical, mental, or psychiatric 
examination of the offender; and
‘‘(7) such additional relevant information con-
cerning the prisoner (including information sub-
mitted by the prisoner) as may be reasonably avail-
able. 
‘‘§ 4207. Parole determination proceeding; time 
‘‘(a) GENERAL RULE.—In making a determination 
under this chapter (relating to parole) the Commission 
shall conduct a parole determination proceeding unless it 
determines on the basis of the prisoner’s record that the 
prisoner will be released on parole. Whenever feasible, the 
initial parole determination proceeding for a prisoner eligi-
ble for parole under subsections (a) and (b)(1) of section 
4204 shall be held not later than 30 days before the date 
of such eligibility for parole. Whenever feasible, the initial 
parole determination proceeding for a prisoner eligible for 
parole pursuant to subsection (b)(2) of section 4204 or 
released on parole and whose parole has been revoked shall 
be held not later than 120 days following such prisoner’s 
imprisonment or reimprisonment in a Federal institution, 
as the case may be. An eligible prisoner may knowingly 
and intelligently waive any proceeding. 
‘‘(b) PREPARATION.—(1) At least 30 days before any 
parole determination proceeding, the prisoner shall be pro-
vided with—
‘‘(A) written notice of the time and place of the 
proceeding; and 
‘‘(B) reasonable access to a report or other doc-
ument to be used by the Commission in making its 
determination. 
‘‘(2) A prisoner may waive such notice, but if notice 
is not waived the proceeding shall be held during the next 
regularly scheduled proceedings by the Commission at the 
institution in which the prisoner is confined. 
‘‘(c) EXCEPTIONS TO DISCLOSURE.—(1) Subsection 
(b)(1)(B) does not apply to—
‘‘(A) diagnostic opinions which, if made known 
to the eligible prisoner, could lead to a serious dis-
ruption of his institutional program; 
‘‘(B) any document which reveals sources of in-
formation obtained upon a promise of confiden-
tiality; or 
‘‘(C) any other information which, if disclosed, 
might result in harm, physical or otherwise, to any 
person. 
‘‘(2) If any document is deemed by either the Com-
mission, the Bureau of Prisons, or any other agency to 
fall within the exclusionary provisions of paragraph (1), 
then it shall become the duty of the Commission, the Bu-
reau, or such other agency, as the case may be, to summa-
rize the basic contents of the material withheld, bearing 
in mind the need for confidentiality or the impact on the 
inmate, or both, and furnish such summary to the inmate. 
‘‘(d) CONSULTATION.—(1) During the period before 
the parole determination proceeding as provided in sub-
section (b), a prisoner may consult, as provided by the 
director, with a representative as referred to in subpara-
graph (2) of this subsection, and by mail or otherwise with 
any person concerning such proceeding. 
‘‘(2) The prisoner shall, if he chooses, be represented 
at the parole determination proceeding by a representative 
who qualifies under rules and regulations promulgated by 
the Commission. Such rules shall not exclude attorneys as 
a class. 
‘‘(e) PERSONAL APPEARANCE OF PRISONER.—The 
prisoner shall be allowed to appear and testify on his own 
behalf at the parole determination proceeding. 
‘‘(f) RECORD.—A full and complete record of every 
proceeding shall be retained by the Commission. Upon re-
quest, the Commission shall make available to any eligible 
prisoner such record as the Commission may retain of the 
proceeding. 
‘‘(g) PERSONAL CONFERENCE.—If parole is denied, 
a personal conference to explain the reasons for such de-
nial shall be held, if feasible, between the prisoner and
a representative of the Commission at the conclusion of 
the proceeding. When feasible, the conference shall include 
advice to the prisoner as to what steps may be taken to 
enhance his chance of being released at a subsequent pro-
ceeding. 
‘‘(h) FREQUENCY OF PAROLE DETERMINATION PRO-
CEEDINGS.—In any case in which release on parole is not 
granted, subsequent parole determination proceedings 
shall be held not less frequently than: 
‘‘(1) 18 months in the case of a prisoner with 
a term or terms of more than one year but less than 
seven years; and 
‘‘(2) 24 months in the case of a prisoner with 
a term or terms of seven years or longer. 
‘‘§ 4208. Conditions of parole 
‘‘(a) MANDATORY CONDITIONS.—In every case, the 
Commission shall impose as conditions of parole that the 
parolee not commit another Federal, State, or local crime, 
that the parolee not possess illegal controlled substances, 
and, if a fine was imposed, that the parolee make a dili-
gent effort to pay the fine in accordance with the judg-
ment. In every case, the Commission shall impose as a 
condition of parole for a person described in section 
4042(c)(4), that the parolee report the address where the 
parolee will reside and any subsequent change of residence
to the probation officer responsible for supervision, and 
that the parolee register in any State where the parolee 
resides, is employed, carries on a vocation, or is a student 
(as such terms are defined under section 170101(a)(3) of 
the Violent Crime Control and Law Enforcement Act of 
1994). In every case, the Commission shall impose as a 
condition of parole that the parolee cooperate in the collec-
tion of a DNA sample from the parolee, if the collection 
of such a sample is authorized pursuant to section 3 or 
section 4 of the DNA Analysis Backlog Elimination Act 
of 2000 or section 1565 of title 10. In every case, the 
Commission shall also impose as a condition of parole that 
the parolee pass a drug test prior to release and refrain 
from any unlawful use of a controlled substance and sub-
mit to at least 2 periodic drug tests (as determined by 
the Commission) for use of a controlled substance. The 
condition stated in the preceding sentence may be amelio-
rated or suspended by the Commission for any individual 
parolee if it determines that there is good cause for doing 
so. The results of a drug test administered in accordance 
with the provisions of the preceding sentence shall be sub-
ject to confirmation only if the results are positive, the 
defendant is subject to possible imprisonment for such 
failure, and either the defendant denies the accuracy of 
such test or there is some other reason to question the
results of the test. A drug test confirmation shall be a 
urine drug test confirmed using gas chromatography/mass 
spectrometry techniques or such test as the Director of 
the Administrative Office of the United States Courts 
after consultation with the Secretary of Health and 
Human Services may determine to be of equivalent accu-
racy. The Commission shall consider whether the avail-
ability of appropriate substance abuse treatment pro-
grams, or an individual’s current or past participation in 
such programs, warrants an exception in accordance with 
United States Sentencing Commission guidelines from the 
rule of section 4214(f) when considering any action 
against a defendant who fails a drug test. 
‘‘(b) OTHER CONDITIONS.—The Commission may 
impose or modify other conditions of parole to the extent 
that such conditions are reasonably related to—
‘‘(1) the nature and circumstances of the of-
fense; and 
‘‘(2) the history and characteristics of the pa-
rolee; 
and may provide for such supervision and other limitations 
as are reasonable to protect the public welfare. 
‘‘(c) SPECIFICITY OF CONDITIONS.—The conditions 
of parole should be sufficiently specific to serve as a guide 
to supervision and conduct, and upon release on parole