the parolee shall be given a certificate setting forth the 
conditions of his parole. An effort shall be made to make 
certain that the parolee understands the conditions of his 
parole. 
‘‘(d) ADDITIONAL CONDITIONS.—(1) Release on pa-
role or release as if on parole (or probation, or supervised 
release where applicable) may as a condition of such re-
lease require—
‘‘(A) a parolee to reside in or participate in the 
program of a residential community treatment cen-
ter, or both, for all or part of the period of such pa-
role; or 
‘‘(B) a parolee to remain at his place of resi-
dence during nonworking hours and, if the Commis-
sion so directs, to have compliance with this condi-
tion monitored by telephone or electronic signaling 
devices, except that a condition under this para-
graph may be imposed only as an alternative to in-
carceration. 
‘‘(2) A parolee residing in a residential community 
treatment center pursuant to paragraph (1)(A) may be re-
quired to pay such costs incident to such residence as the 
Commission deems appropriate. 
‘‘(e) MODIFICATION.—(1) The Commission may mod-
ify conditions of parole pursuant to this section on its own
motion, or on the motion of a United States probation offi-
cer supervising a parolee, if the parolee receives notice of 
such action and has ten days after receipt of such notice 
to express views on the proposed modification. Following 
such ten-day period, the Commission shall have 21 days, 
exclusive of holidays, to act upon such motion or applica-
tion. Notwithstanding any other provision of this para-
graph, the Commission may modify conditions of parole, 
without regard to such ten-day period, on any such motion 
if the Commission determines that the immediate modi-
fication of conditions of parole is required to prevent harm 
to the parolee or to the public. 
‘‘(2) A parolee may petition the Commission on his 
own behalf for a modification of conditions pursuant to 
this section. 
‘‘(3) The provisions of this subsection shall not apply 
to modifications of parole conditions pursuant to a revoca-
tion proceeding under section 4213. 
‘‘§ 4209. Jurisdiction of Commission 
‘‘(a) CUSTODY.—A parolee shall remain in the legal 
custody and under the control of the Attorney General, 
until the expiration of the maximum term or terms for 
which such parolee was sentenced. 
‘‘(b) TERMINATION.—Except as otherwise provided 
in this section, the jurisdiction of the Commission over the
parolee shall terminate no later than the date of the expi-
ration of the maximum term or terms for which he was 
sentenced, except that—
‘‘(1) such jurisdiction shall terminate at an ear-
lier date to the extent provided under section 4164 
(relating to mandatory release) or section 4211 (re-
lating to early termination of parole supervision), 
and 
‘‘(2) in the case of a parolee who has been con-
victed of any criminal offense committed subsequent 
to his release on parole, and such offense is punish-
able by a term of imprisonment, detention or incar-
ceration in any penal facility, the Commission shall 
determine, in accordance with the provisions of sec-
tion 4214(b) or (c), whether all or any part of the 
unexpired term being served at the time of parole 
shall run concurrently or consecutively with the sen-
tence imposed for the new offense, but in no case 
shall such service together with such time as the pa-
rolee has previously served in connection with the of-
fense for which he was paroled, be longer than the 
maximum term for which he was sentenced in con-
nection with such offense. 
‘‘(c) EXTENSION.—In the case of any parolee found 
to have intentionally refused or failed to respond to any
reasonable request, order, summons, or warrant of the 
Commission or any member or agent thereof, the jurisdic-
tion of the Commission may be extended for the period 
during which the parolee so refused or failed to respond. 
‘‘(d) CONCURRENCE OF RUNNING OF TERM.—The 
parole of any parolee shall run concurrently with the pe-
riod of parole or probation under any other Federal, State, 
or local sentence. 
‘‘(e) CERTIFICATE OF DISCHARGE.—Upon the termi-
nation of the jurisdiction of the Commission over any pa-
rolee, the Commission shall issue a certificate of discharge 
to such parolee and to such other agencies as it may deter-
mine. 
‘‘§ 4210. Early termination of parole 
‘‘(a) IN GENERAL.—Upon its own motion or upon re-
quest of the parolee, the Commission may terminate su-
pervision over a parolee prior to the termination of juris-
diction under section 4209. 
‘‘(b) REVIEW.—Two years after each parolee’s re-
lease on parole, and at least annually thereafter, the Com-
mission shall review the status of the parolee to determine 
the need for continued supervision. In calculating such 
two-year period there shall not be included any period of 
release on parole prior to the most recent such release,
nor any period served in confinement on any other sen-
tence. 
‘‘(c) PRESUMPTIVE TERMINATION.—(1) Five years 
after each parolee’s release on parole, the Commission 
shall terminate supervision over such parolee unless it is 
determined, after a hearing conducted in accordance with 
the procedures prescribed in section 4213(a)(2), that such 
supervision should not be terminated because there is a 
likelihood that the parolee will engage in conduct violating 
any criminal law. 
‘‘(2) If supervision is not terminated under subpara-
graph (1) of this subsection the parolee may request a 
hearing annually thereafter, and a hearing, with proce-
dures as provided in subparagraph (1) of this subsection, 
shall be conducted with respect to such termination of su-
pervision not less frequently than biennially. 
‘‘(3) In calculating the five-year period referred to in 
subparagraph (1), there shall not be included any period 
of release on parole prior to the most recent such release, 
nor any period served in confinement on any other sen-
tence. 
‘‘§ 4211. Aliens 
‘‘When an alien prisoner subject to deportation be-
comes eligible for parole, the Commission may authorize 
the release of such prisoner on condition that such person
be deported and remain outside the United States. Such 
prisoner when his parole becomes effective, shall be deliv-
ered to the duly authorized immigration official for depor-
tation. 
‘‘§ 4212. Summons to appear or warrant for retaking 
of parolee 
‘‘(a) IN GENERAL.—If any parolee is alleged to have 
violated his parole, the Commission may—
‘‘(1) summon such parolee to appear at a hear-
ing conducted pursuant to section 4213; or 
‘‘(2) issue a warrant and retake the parolee as 
provided in this section. 
‘‘(b) ISSUANCE.—Any summons or warrant issued 
under this section shall be issued by the Commission as 
soon as practicable after discovery of the alleged violation, 
except when delay is deemed necessary. Imprisonment in 
an institution shall not be deemed grounds for delay of 
such issuance, except that, in the case of any parolee 
charged with a criminal offense, issuance of a summons 
or warrant may be suspended pending disposition of the 
charge. 
‘‘(c) CONTENTS.—Any summons or warrant issued 
pursuant to this section shall provide the parolee with 
written notice of—
‘‘(1) the conditions of parole he is alleged to 
have violated as provided under section 4208; 
‘‘(2) the parolee’s rights under this chapter; 
and 
‘‘(3) the possible action which may be taken by 
the Commission. 
‘‘(d) EXECUTION OF WARRANT.—Any officer of any 
Federal penal or correctional institution, or any Federal 
officer authorized to serve criminal process within the 
United States, to whom a warrant issued under this sec-
tion is delivered, shall execute such warrant by taking such 
parolee and returning the parolee to the custody of the 
regional commissioner, or to the custody of the Attorney 
General, if the Commission shall so direct. 
‘‘§ 4213. Revocation of parole 
‘‘(a) RIGHTS OF PAROLEE.—(1) Except as provided 
in subsections (b) and (c), any alleged parole violator sum-
moned or retaken under section 4213 shall be accorded 
the opportunity to have—
‘‘(A) a preliminary hearing at or reasonably 
near the place of the alleged parole violation or ar-
rest, without unnecessary delay, to determine if 
there is probable cause to believe that he has vio-
lated a condition of his parole; and upon a finding 
of probable cause a digest shall be prepared by the
‘‘(2) Hearings held pursuant to subparagraph (1) 
shall be conducted by the Commission in accordance with 
the following procedures: 
‘‘(A) Notice to the parolee of the conditions of 
parole alleged to have been violated, and the time, 
place, and purposes of the scheduled hearing. 
‘‘(B) Opportunity for the parolee to be rep-
resented by an attorney (retained by the parolee, or 
if he is financially unable to retain counsel, counsel 
shall be provided pursuant to section 3006A) or, if 
he so chooses, a representative as provided by rules 
and regulations, unless the parolee knowingly and 
intelligently waives such representation. 
‘‘(C) Opportunity for the parolee to appear and 
testify, and present witnesses and relevant evidence. 
‘‘(D) Opportunity for the parolee to be apprised 
of the evidence against the parolee and, if the pa-
rolee so requests, to confront and cross-examine ad-
verse witnesses, unless the Commission specifically 
finds substantial reason for not so allowing. 
‘‘(3) For the purposes of subparagraph (1) of this 
subsection, the Commission may subpoena witnesses and 
evidence, and pay witness fees as established for the courts 
of the United States. If a person refuses to obey such a 
subpoena, the Commission may petition a court of the
United States for the judicial district in which such parole 
proceeding is being conducted, or in which such person 
may be found, to request such person to attend, testify, 
and produce evidence. The court may issue an order re-
quiring such person to appear before the Commission, 
when the court finds such information, thing, or testimony 
directly related to a matter with respect to which the Com-
mission is empowered to make a determination under this 
section. Failure to obey such an order is punishable by 
such court as a contempt. All process in such a case may 
be served in the judicial district in which such a parole 
proceeding is being conducted, or in which such person 
may be found. 
‘‘(b) EFFECT OF CONVICTION.—(1) Conviction for 
any criminal offense committed subsequent to release on 
parole shall constitute probable cause for purposes of sub-
section (a) of this section. In cases in which a parolee has 
been convicted of such an offense and is serving a new 
sentence in an institution, a parole revocation warrant or 
summons issued pursuant to section 4213 may be placed 
against the parolee as a detainer. Such detainer shall be 
reviewed by the Commission within one hundred and 
eighty days of notification to the Commission of place-
ment. The parolee shall receive notice of the pending re-
view, have an opportunity to submit a written application
containing information relative to the disposition of the 
detainer, and, unless waived, shall have counsel as pro-
vided in subsection (a)(2)(B) of this section to assist him 
in the preparation of such application. 
‘‘(2) If the Commission determines that additional in-
formation is needed to review a detainer, a dispositional 
hearing may be held at the institution where the parolee 
is confined. The parolee shall have notice of such hearing, 
be allowed to appear and testify on his own behalf, and, 
unless waived, shall have counsel as provided in subsection 
(a)(2)(B) of this section. 
‘‘(3) Following the disposition review, the Commis-
sion may: 
‘‘(A) let the detainer stand; or 
‘‘(B) withdraw the detainer. 
‘‘(c) HEARING.—Any alleged parole violator who is 
summoned or retaken by warrant under section 4213 who 
knowingly and intelligently waives the right to a hearing 
under subsection (a) of this section, or who knowingly and 
intelligently admits violation at a preliminary hearing held 
pursuant to subsection (a)(1)(A) of this section, or who 
is retaken pursuant to subsection (b) of this section, shall 
receive a revocation hearing within 90 days of the date 
of retaking. The Commission may conduct such hearing 
at the institution to which he has been returned, and the
alleged parole violator shall have notice of such hearing, 
be allowed to appear and testify on his own behalf, and, 
unless waived, shall have counsel or another representative 
as provided in subsection (a)(2)(B) of this section. 
‘‘(d) ACTIONS OF THE COMMISSION.—Whenever a 
parolee is summoned or retaken pursuant to section 4213, 
and the Commission finds pursuant to the procedures of 
this section and by a preponderance of the evidence that 
the parolee has violated a condition of his parole the Com-
mission may take any of the following actions: 
‘‘(1) Restore the parolee to supervision. 
‘‘(2) Reprimand the parolee. 
‘‘(3) Modify the parolee’s conditions of the pa-
role. 
‘‘(4) Refer the parolee to a residential commu-
nity treatment center for all or part of the remain-
der of his original sentence. 
‘‘(5) Formally revoke parole or release as if on 
parole pursuant to this title. 
The Commission may take any such action provided it has 
taken into consideration whether or not the parolee has 
been convicted of any Federal, State, or local crime subse-
quent to his release on parole, and the seriousness thereof, 
or whether such action is warranted by the frequency or
seriousness of the parolee’s violation of any other condi-
tion or conditions of his parole. 
‘‘(e) WRITTEN NOTICE.—The Commission shall fur-
nish the parolee with a written notice of its determination 
not later than 21 days, excluding holidays, after the date 
of the revocation hearing. If parole is revoked, a digest 
shall be prepared by the Commission setting forth in writ-
ing the factors considered and reasons for such action, a 
copy of which shall be given to the parolee. 
‘‘(f) CONTROLLED SUBSTANCE POSSESSION.—Not-
withstanding any other provision of this section, the Com-
mission shall revoke the parole of a parolee who is found 
by the Commission to be in possession of a controlled sub-
stance. 
‘‘§ 4214. Appeal 
‘‘(a) APPLICATION.—Whenever parole release is de-
nied under section 4205, parole conditions are imposed or 
modified under section 4208, parole discharge is denied 
under section 4210(c), or parole is modified or revoked 
under section 4213, the individual to whom any such deci-
sion applies may appeal such decision by submitting a 
written application to the National Appeal (Appeals) 
Board not later than 30 days following the date on which 
the decision is rendered.
‘‘(b) REQUIREMENT TO ACT.—The National Appeals 
Board, upon receipt of the appellant’s papers, must act 
pursuant to rules and regulations within 60 days to reaf-
firm, modify, or reverse the decision and shall inform the 
appellant in writing of the decision and the reasons there-
for. 
‘‘(c) ATTORNEY GENERAL’S REQUEST.—The Na-
tional Appeals Board may review any decision of a re-
gional commissioner upon the written request of the Attor-
ney General filed not later than 30 days following the deci-
sion and, by majority vote, shall reaffirm, modify, or re-
verse the decision within 60 days of the receipt of the At-
torney General’s request. The Board shall inform the At-
torney General and the individual to whom the decision 
applies in writing of its decision and the reasons therefor. 
‘‘§ 4215. Applicability of administrative procedure Act 
‘‘(a) GENERALLY.—For purposes of the provisions of 
chapter 5 of title 5, United States Code, other than sec-
tions 554, 555, 556, and 557, the Commission is an ‘agen-
cy’ as defined in such chapter. 
‘‘(b) SPECIAL RULE.—For purposes of subsection (a) 
of this section, section 553(b)(3)(A) of title 5, United 
States Code, relating to rulemaking, shall be deemed not 
to include the phrase ‘general statements of policy’.
‘‘(c) JUDICIAL REVIEW.—To the extent that actions 
of the Commission pursuant to section 4202(a)(1) are not 
in accord with section 553 of title 5, United States Code, 
they shall be reviewable in accordance with the provisions 
of sections 701 through 706 of title 5, United States Code. 
‘‘(d) NONREVIEWABLE ACTIONS.—Actions of the 
Commission pursuant to paragraphs (1), (2), and (3) of 
section 4202(b) shall be considered actions committed to 
agency discretion for purposes of section 701(a)(2) of title 
5, United States Code. 
‘‘§ 4216. Definitions 
‘‘As used in this chapter—
‘‘(1) the term ‘Commission’ means the United 
States Parole Commission; 
‘‘(2) the term ‘Commissioner’ means any mem-
ber of the United States Parole Commission; 
‘‘(3) the term ‘Director’ means the Director of 
the Bureau of Prisons; 
‘‘(4) the term ‘eligible prisoner’ means any Fed-
eral prisoner who is eligible for parole pursuant to 
this title or any other law, including any Federal 
prisoner whose parole has been revoked and who is 
not otherwise ineligible for parole; 
‘‘(5) the term ‘parolee’ means any eligible pris-
oner who has been released on parole or deemed as
if released on parole under section 4164 or section 
4205(f); and 
‘‘(6) the term ‘rules’ means rules made by the 
Commission under section 4203.’’. 
SEC. 2. CLERICAL AMENDMENT. 
The table of chapters at the beginning of part III 
of title 18, United States Code, is amended by inserting 
before the item relating to chapter 313 the following new 
item:
‘‘312. Parole .............................................................................................. 4201’’.
SEC. 3. PAROLE AUTHORITY FOR CERTAIN PERSONS. 
The United States Parole Commission created by the 
amendments made by this Act shall also have jurisdiction 
over the parole of persons whose parole was governed by 
the Parole Commission Phase-Out Act of 1996 or section 
11231 of Public Law 105–33, and shall exercise parole 
authority with respect to those persons under the amend-
ments made by this Act.
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