I 
115TH CONGRESS 
1ST SESSION H. R. 3227 
To improve Federal sentencing and corrections practices, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2017 
Mr. GRIJALVA (for himself, Ms. BASS, Mr. ELLISON, Mr. RUSH, Mr. 
SERRANO, Ms. CLARK of Massachusetts, Mrs. NAPOLITANO, Ms. SCHA-
KOWSKY, Mr. MCGOVERN, Mr. POLIS, and Ms. LEE) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Financial Services, Energy and Com-
merce, and Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve Federal sentencing and corrections practices, 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 ‘‘Justice is Not For 
Sale Act of 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘core correctional services’’ means 
the housing, transporting, safeguarding, protecting, 
and disciplining of individuals— 
(A) charged with or convicted of an of-
fense; or 
(B) who are in custody for purposes of en-
forcing the immigration laws, as defined in sec-
tion 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)); 
(2) the term ‘‘local government’’ means a city, 
county, township, town, borough, parish, village, or 
other general purpose political subdivision of a 
State; and 
(3) the term ‘‘State’’ means a State of the 
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, or another common-
wealth, territory, or possession of the United States. 
SEC. 3. ELIMINATION OF FEDERAL CONTRACTS FOR PRI-
VATELY RUN PRISONS WITHIN 3 YEARS. 
(a) DEFINITION.—In this section, the term ‘‘facility 
housing adult prisoners or detainees in the custody of the 
Federal Government’’ does not include a community cor-
rectional facility or the residence of an individual on home 
confinement, as described in section 3624(c) of title 18, 
United States Code. 
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(b) OPERATIONAL CONTROL.—Except as provided in 
subsection (c), not later than 2 years after the date of 
enactment of this Act— 
(1) each facility housing adult prisoners or de-
tainees in the custody of the Federal Government 
shall be under the direct, operational control of the 
Federal Government; and 
(2) core correctional services at each such facil-
ity shall be performed by employees of the Federal 
Government. 
(c) WAIVER AUTHORIZED.—If the Attorney General 
determines that the Federal Government is unable to com-
ply with subsection (b) by the date that is 2 years after 
the date of enactment of this Act, the Attorney General 
may waive the application of subsection (b) for not more 
than 1 year. 
SEC. 4. PROHIBITION ON PRIVATE ENTITIES RUNNING 
PRISONS HOUSING STATE AND LOCAL PRIS-
ONERS AFTER 3 YEARS. 
(a) DEFINITION.—In this section, the term ‘‘facility 
housing adult prisoners or detainees in the custody of a 
State or local government’’ does not include a community 
treatment center, halfway house, restitution center, men-
tal health facility, alcohol or drug rehabilitation center, or 
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other community facility that is not within the confines 
of a jail or prison. 
(b) OPERATIONAL CONTROL.—Except as provided in 
subsection (c), on and after the date that is 2 years after 
the date of enactment of this Act— 
(1) no private entity engaged in or affecting 
interstate commerce shall own or have direct, oper-
ational control over a facility housing adult prisoners 
or detainees in the custody of the State or local gov-
ernment; and 
(2) no private entity engaged in or affecting 
interstate commerce shall perform core correctional 
services at such a facility. 
(c) WAIVER AUTHORIZED.—If the Attorney General 
determines that a State or local government requires serv-
ices from a private entity that are described in subsection 
(b) after the date that is 2 years after the date of enact-
ment of this Act, the Attorney General may waive the ap-
plication of subsection (b) as to that private entity for not 
more than 1 year. 
(d) ENFORCEMENT.—The Attorney General may 
bring a civil action in an appropriate district court of the 
United States for such declaratory or injunctive relief as 
is necessary to carry out this section. 
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SEC. 5. REINSTATEMENT OF PAROLE. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER D—PAROLE 
‘‘Sec. 
‘‘3631. Definitions. 
‘‘3632. Powers and duties of the Commission. 
‘‘3633. Powers and duties of the Chairperson. 
‘‘3634. Time of eligibility for release on parole. 
‘‘3635. Parole determination criteria. 
‘‘3636. Information considered. 
‘‘3637. Parole determination proceeding; time. 
‘‘3638. Conditions of parole. 
‘‘3639. Jurisdiction of Commission. 
‘‘3640. Early termination of parole. 
‘‘3641. Aliens. 
‘‘3642. Summons to appear or warrant for retaking of parolee. 
‘‘3643. Revocation of parole. 
‘‘3644. Reconsideration and appeal. 
‘‘3645. Young adult offenders. 
‘‘3646. Applicability of Administrative Procedure Act. 
‘‘Subchapter D—Parole 
‘‘§ 3631. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘Chairperson’ means the Chair-
person of the Commission; 
‘‘(2) the term ‘Commission’ means the United 
States Parole Commission; 
‘‘(3) the term ‘Commissioner’ means any mem-
ber of the Commission; 
‘‘(4) the term ‘Director’ means the Director of 
the Bureau of Prisons; 
‘‘(5) the term ‘eligible prisoner’ means any Fed-
eral prisoner who is eligible for parole under this 
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title or any other law, including any Federal pris-
oner whose parole has been revoked and who is not 
otherwise ineligible for parole; 
‘‘(6) the term ‘parolee’ means any eligible pris-
oner who has been released on parole or deemed as 
if released on parole under section 3626(b)(5) or 
section 3634(a)(2); and 
‘‘(7) the term ‘rules and regulations’ means 
rules and regulations promulgated by the Commis-
sion under section 3632 and section 553 of title 5. 
‘‘§ 3632. Powers and duties of the Commission 
‘‘(a) IN GENERAL.—The Commission shall meet at 
least quarterly, and by majority vote shall— 
‘‘(1) promulgate rules and regulations estab-
lishing guidelines for the powers enumerated in sub-
section (b) and such other rules and regulations as 
are necessary to carry out a national parole policy 
and the purposes of this subchapter; 
‘‘(2) create such regions as are necessary to 
carry out this subchapter, but in no event less than 
5; and 
‘‘(3) ratify, revise, or deny any request for reg-
ular, supplemental, or deficiency appropriations, be-
fore the submission of the requests to the Office of 
Management and Budget by the Chairperson, which 
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requests shall be separate from those of any other 
agency in the Department of Justice. 
‘‘(b) POWERS RELATING TO PAROLE.—The Commis-
sion, by majority vote, and in accordance with the proce-
dures set out in this subchapter, 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 determines necessary— 
‘‘(A) for maintaining proper supervision of 
and assistance to such parolees; and 
‘‘(B) so as to assure that no probation offi-
cers, individuals, organizations, or agencies 
shall bear excessive caseloads. 
‘‘(c) DELEGATION.—The Commission, by majority 
vote, and in accordance with rules and regulations— 
‘‘(1) may delegate to one or more Commis-
sioners powers enumerated in subsection (b); 
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‘‘(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), except that any such findings or rec-
ommendations shall be based upon the concurrence 
of not less than 2 hearing examiners; 
‘‘(3) may delegate authority to conduct hear-
ings held under section 3643 to any officer or em-
ployee of the executive or judicial branch of Federal 
or State government; 
‘‘(4) may review, or may delegate to the Na-
tional Appeals Board the power to review, any deci-
sion made under paragraph (1), which shall be re-
affirmed, modified, or reversed not later than 30 
days after the date the decision is rendered; and 
‘‘(5) shall provide written notice to the indi-
vidual to whom a decision described in paragraph 
(4) applies of the Commission’s actions with respect 
thereto and the reasons for such actions. 
‘‘(d) POLICYMAKING.—Except as otherwise provided 
by law, any action taken by the Commission under sub-
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section (a) shall be taken by a majority vote of all individ-
uals currently holding office as members of the Commis-
sion which shall maintain and make available for public 
inspection a record of the final vote of each member on 
statements of policy and interpretations adopted by it. In 
so acting, each Commissioner shall have equal responsi-
bility and authority, shall have full access to all informa-
tion relating to the performance of such duties and respon-
sibilities, and shall have 1 vote. 
‘‘§ 3633. Powers and duties of the Chairperson 
‘‘(a) IN GENERAL.—The Chairperson shall— 
‘‘(1) convene and preside at meetings of the 
Commission under section 3632 and such additional 
meetings of the Commission as the Chairperson may 
call or as may be requested in writing by at least 3 
Commissioners; 
‘‘(2) appoint, fix the compensation of, assign, 
and supervise all personnel employed by the Com-
mission except that— 
‘‘(A) the appointment of any hearing ex-
aminer shall be subject to approval of the Com-
mission within the first year of such hearing ex-
aminer’s employment; and 
‘‘(B) regional Commissioners shall appoint 
and supervise such personnel employed regu-
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larly and full time in their respective regions as 
are compensated at a rate up to and including 
level GS–9 of the General Schedule; 
‘‘(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 3 Commissioners to serve on the 
National Appeals Board, 1 whom shall be designated 
to serve as Vice Chairperson of the Commission 
(who shall act as Chairperson of the Commission in 
the absence or disability of the Chairperson or in the 
event of a vacancy in the position of Chairperson); 
‘‘(6) designate, for each region established 
under section 3632(a)(2), 1 Commissioner to serve 
as regional Commissioner in each such region, ex-
cept that— 
‘‘(A) in each such designation the Chair-
person shall consider years of service, personal 
preference, and fitness; and 
‘‘(B) no such designation shall take effect 
unless concurred in by the President; 
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‘‘(7) serve as spokesperson for the Commission 
and report annually to each House of Congress on 
the activities of the Commission; and 
‘‘(8) exercise such other powers and duties and 
perform such other functions as may be necessary to 
carry out the purposes of this subchapter or as may 
be provided under any other provision of law. 
‘‘(b) OTHER AUTHORITIES.—The Chairperson shall 
have the power to— 
‘‘(1) without regard to subsections (a) and (b) 
of section 3324 of title 31, enter into and perform 
such contracts, leases, cooperative agreements, and 
other transactions as may be necessary in the con-
duct of the functions of the Commission with any 
public agency or with any person, firm, association, 
corporation, educational institution, or nonprofit or-
ganization; 
‘‘(2) accept voluntary and uncompensated serv-
ices, notwithstanding section 1342 of title 31; 
‘‘(3) procure for the Commission temporary and 
intermittent services to the same extent as is author-
ized by section 3109(b) of title 5; 
‘‘(4) collect systematically the data obtained 
from studies, research, and the empirical experience 
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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) CONSISTENCY WITH NATIONAL PAROLE POLI-
CIES.—In carrying out the functions under this section, 
the Chairperson shall be governed by the national parole 
policies promulgated by the Commission. 
‘‘§ 3634. Time of eligibility for release on parole 
‘‘(a) ELIGIBILITY.— 
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