I 
118TH CONGRESS 
1ST SESSION H. R. 5005 
To amend title 18, United States Code, to provide appropriate standards 
for the inclusion of a term of supervised release after imprisonment, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. HUNT (for himself, Ms. JACKSON LEE, Mr. OWENS, Mr. IVEY, Mr. 
DONALDS, Mr. TRONE, and Mr. ARMSTRONG) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide appro-
priate standards for the inclusion of a term of supervised 
release after imprisonment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safer Supervision Act 
of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Over 110,000 people were on Federal super-
vised release as of June 2021. 
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(2) The Supreme Court of the United States 
explained in Johnson v. United States that ‘‘Super-
vised release departed from the parole system it re-
placed by giving district courts the freedom to pro-
vide postrelease supervision for those, and only 
those, who needed it. . . . Congress aimed, then, to 
use the district courts’ discretionary judgment to al-
locate supervision to those releasees who needed it 
most.’’. 
(3) Federal probation officers report significant 
caseloads that can exceed 100 cases per officer. This 
can create a difficult burden for the officers and 
limit their ability to provide appropriate supervision 
to those who need it. 
(4) The potential for early termination or other 
modifications of supervision, when consistent with 
public safety, can not only reduce burdens and save 
valuable judicial resources, but also create positive 
incentives for compliance and rehabilitation con-
sistent with the purposes of supervision. In the 12- 
month period ending in June 2021, early termi-
nations were 23 percent of successful supervised re-
lease closures. 
(5) The Administrative Office of the United 
States Courts has explained that ‘‘excessive correc-
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tional intervention for low-risk defendants may in-
crease the probability of recidivism by disrupting 
prosocial activities and exposing defendants to anti-
social associates.’’. 
(6) Supervised release is and should remain an 
important tool for the Federal courts to use, as ap-
propriate, to, among other items, protect the public 
from further crimes, deter future criminal conduct, 
and help the defendant become a contributing mem-
ber of society by recovering from substance use dis-
order, participating in rehabilitation and training 
programs, and providing restitution to victims, 
among other outcomes. 
(7) Better tailoring when and how supervised 
release is imposed, encouraging early termination 
when appropriate, and expanding judicial discretion 
on certain revocations will reduce burdens on law en-
forcement officers and taxpayers, encourage compli-
ance and improve public safety, and better assist de-
fendants in their pursuit of rehabilitation and re-
integration, to the benefit of themselves, victims, 
and communities. 
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SEC. 3. INCLUSION OF A TERM OF SUPERVISED RELEASE 
AFTER IMPRISONMENT. 
Section 3583 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The court’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The court’’; and 
(B) by adding at the end the following: 
‘‘(2) INDIVIDUALIZED ASSESSMENT.—When de-
termining whether to include a term of supervised 
release as part of the sentence, and except to the ex-
tent that a term of supervised release is required by 
statute as described in paragraph (1), the court 
shall— 
‘‘(A) make an individualized assessment 
under the factors set forth in subsections (c) 
and (d) as to— 
‘‘(i) whether such a term is appro-
priate; and 
‘‘(ii) the appropriate length and condi-
tions of such a term; and 
‘‘(B) provide the reasons of the court for 
imposing or not imposing such a term on the 
record.’’; 
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‘‘(ii) the defendant has demonstrated 
good conduct and compliance while on su-
pervised release; and 
‘‘(iii) the early termination will not 
jeopardize public safety; 
‘‘(C) the Government shall have an oppor-
tunity to object to a request for termination of 
supervised release and to present evidence, 
which the defendant shall have the opportunity 
to rebut, in any proceeding relating to such re-
quest; and 
‘‘(D) crime victims’ rights under section 
3771 shall apply to any proceeding relating to 
a request for early termination of supervised re-
lease. 
‘‘(3) PUBLIC
SAFETY.—In assessing whether 
early termination will not jeopardize public safety 
under this subsection, the court shall consider the 
nature of the offense committed by the defendant, 
the defendant’s criminal history, the defendant’s 
record while incarcerated (including good behavior 
and violations of prison rules), the defendant’s ef-
forts to reintegrate into the community and to avoid 
recidivism, any statements or information provided 
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by victims of the offense, and other factors the court 
may find relevant to public safety. 
‘‘(4) ASSISTANCE
OF
COUNSEL.—The court 
may appoint a Federal public defender, a community 
defender, or other counsel qualified to be appointed 
under section 3006A to assist a defendant seeking 
early termination of supervised release under para-
graph (1)(A) or modification of conditions under 
paragraph (1)(B). 
‘‘(5) RULE
OF
CONSTRUCTION.—Paragraph 
(2)(B) shall not be construed to limit the discretion 
of a court under paragraph (1).’’; 
(4) in subsection (g)— 
(A) in the subsection heading, by striking 
‘‘POSSESSION OF CONTROLLED SUBSTANCE OR 
FIREARM OR FOR REFUSAL TO COMPLY WITH 
DRUG TESTING’’ and inserting ‘‘DISTRIBUTION 
OF
A CONTROLLED SUBSTANCE
OR POSSES-
SION OF A FIREARM’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1)(A) possesses a controlled substance with 
the intent to distribute; or 
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‘‘(B) possesses a controlled substance, the pos-
session of which may be punished by imprisonment 
for a term exceeding 1 year;’’; 
(C) in paragraph (2), by inserting ‘‘or’’ at 
the end; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) willfully refuses to comply with drug test-
ing imposed as a condition of supervised release;’’; 
(E) by striking paragraph (4); and 
(F) in the matter following paragraph (4), 
by striking ‘‘subsection (e)(3)’’ and inserting 
‘‘subsection (e)(1)(C)’’; and 
(5) in subsection (k), in the second sentence, by 
striking ‘‘subsection (e)(3)’’ and inserting ‘‘sub-
section (e)(1)(C)’’. 
SEC. 4. LAW ENFORCEMENT AVAILABILITY PAY FOR PRO-
BATION AND PRETRIAL SERVICES OFFICERS. 
Not later than 180 days after the date of enactment 
of this Act, the Director of the Administrative Office of 
the United States Courts, in consultation with the Direc-
tor of the Office of Personnel Management, shall submit 
to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representa-
tives a report containing a legislative proposal, and consid-
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erations for implementation of the proposal, that would 
provide law enforcement availability pay to Federal proba-
tion officers and pre-trial services officers that is equal 
to that provided to criminal investigators under section 
5545a of title 5, United States Code. 
SEC. 5. GAO REPORT. 
(a) INITIATION OF STUDY.—Not later than 1 year 
after the date of enactment of this Act, the Comptroller 
General of the United States shall initiate a study on Fed-
eral post-release supervision and reentry services. 
(b) REPORT.—The Comptroller General of the 
United States shall submit to Congress a report regarding 
the study under subsection (a), which shall include find-
ings and potential recommendations related to— 
(1) the number of individuals that have been 
placed on Federal probation or supervised release 
since 2019; 
(2) the process for transitioning an individual 
from the custody of the Bureau of Prisons to the Of-
fice of Probation and Pretrial Services or the cus-
tody of the United States Marshals Service; 
(3) a review of Federal programs or funding 
sources that aim to assist individuals from the cus-
tody of the Bureau of Prisons with reentry, includ-
ing— 
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(A) ongoing mental health and substance 
use counseling, housing, medical care, edu-
cation, and job placement; and 
(B) any changes in such programs or fund-
ing since 2019; and 
(4) a workforce assessment of judicial districts, 
including an analysis of— 
(A) during 2020 and 2021, the number of 
officers, officer caseloads, and overtime hours 
worked, reported, or accrued; and 
(B) the system for tracking overtime hours 
worked by officers of the Office of Probation 
and Pretrial Services. 
Æ 
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