‘‘(1) IN GENERAL.—Subsection (b)(1)(B) shall 
not apply to— 
‘‘(A) diagnostic opinions which, if made 
known to the eligible prisoner, could lead to a 
serious disruption of the institutional program; 
‘‘(B) any document which reveals sources 
of information obtained upon a promise of con-
fidentiality; or 
‘‘(C) any other information which, if dis-
closed, might result in harm, physical or other-
wise, to any person. 
‘‘(2) SUMMARIES.—If access to a report or 
other document is not provided by the Commission, 
the Bureau of Prisons, or any other agency under 
paragraph (1), the Commission, the Bureau, or such 
other agency, respectively, shall provide to the eligi-
ble prisoner a summary of the basic contents of the 
material withheld, bearing in mind the need for con-
fidentiality and the impact on the eligible prisoner. 
‘‘(d) CONSULTATION AND REPRESENTATION.— 
‘‘(1) IN GENERAL.—During the period before a 
parole determination proceeding described in sub-
section (b)(1), an eligible prisoner may consult, as 
provided by the Director, with a representative as 
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referred to in paragraph (2), and by mail or other-
wise with any person concerning such proceeding. 
‘‘(2) REPRESENTATION
AT
PROCEEDING.—An 
eligible prisoner shall, if the eligible prisoner choos-
es, be represented at the parole determination pro-
ceeding by a representative who qualifies under rules 
promulgated by the Commission. Such rules shall 
not exclude attorneys as a class. 
‘‘(e) TESTIMONY BY ELIGIBLE PRISONER.—An eligi-
ble prisoner shall be allowed to appear and testify on his 
or her own behalf at the parole determination proceeding. 
‘‘(f) RECORDS.—A full and complete record of every 
parole determination proceeding shall be retained by the 
Commission. Upon request, the Commission shall make 
available to any eligible prisoner such record as the Com-
mission may retain of the parole determination pro-
ceeding. 
‘‘(g) CONFERENCE IF DENIED.—If parole is denied, 
and if feasible— 
‘‘(1) a personal conference to explain the rea-
sons for the denial shall be held between the eligible 
prisoner and the Commissioners or examiners con-
ducting the proceeding at the conclusion of the pro-
ceeding; and 
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‘‘(2) the conference shall include advice to the 
eligible prisoner as to what steps may be taken to 
enhance the chance of being released at a subse-
quent proceeding. 
‘‘(h) SUBSEQUENT PROCEEDINGS IF DENIED.—In 
any case in which release on parole is not granted, subse-
quent parole determination proceedings shall be held not 
less frequently than every— 
‘‘(1) 18 months in the case of an eligible pris-
oner serving a term or terms of imprisonment of 
more than 1 year and less than 7 years; and 
‘‘(2) 24 months in the case of an eligible pris-
oner serving a term or terms of imprisonment of not 
less than 7 years. 
‘‘§ 3638. Conditions of parole 
‘‘(a) CONDITIONS.— 
‘‘(1) NO OTHER CRIMES.—In every case, the 
Commission shall impose as a condition of parole 
that the parolee not commit another Federal, State, 
or local crime. 
‘‘(2) OTHER CONDITIONS.—The Commission— 
‘‘(A) may impose or modify other condi-
tions of parole to the extent that such condi-
tions are reasonably related to— 
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‘‘(i) the nature and circumstances of 
the offense; and 
‘‘(ii) the history and characteristics of 
the parolee; and 
‘‘(B) may provide for such supervision and 
other limitations as are reasonable to protect 
the public welfare. 
‘‘(b) SCOPE OF CONDITIONS.— 
‘‘(1) IN GENERAL.—The conditions of parole 
should be sufficiently specific to serve as a guide to 
supervision and conduct. 
‘‘(2) CERTIFICATE.—Upon release on parole, a 
parolee shall be given a certificate setting forth the 
conditions of parole. An effort shall be made to 
make certain that the parolee understands the condi-
tions of parole. 
‘‘(c) TREATMENT.— 
‘‘(1) IN GENERAL.—Release on parole or re-
lease as if on parole may as a condition of such re-
lease require— 
‘‘(A) a parolee to reside in or participate in 
the program of a residential community treat-
ment center, or both, for all or part of the pe-
riod of such parole; and 
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‘‘(B) a parolee who is an addict (as defined 
under section 102 of the Controlled Substances 
Act (21 U.S.C. 802)) or a drug dependent per-
son (as defined in section 2 of the Public 
Health Service Act (42 U.S.C. 201)) to undergo 
available medical, psychiatric, or psychological 
treatment for drug or alcohol dependency for all 
or part of the period of parole. 
‘‘(2) COSTS.—A parolee residing in a residen-
tial community treatment center pursuant to para-
graph (1) may be required to pay such costs incident 
to residence as the Commission determines appro-
priate. 
‘‘(d) MODIFICATION OF CONDITIONS.— 
‘‘(1) IN GENERAL.—The Commission may mod-
ify conditions of parole under this section on its own 
motion, or on the motion of a United States proba-
tion officer supervising a parolee. 
‘‘(2) NOTICE REQUIRED.—A parolee shall re-
ceive notice of a proposed modification of conditions 
of parol and a period of not less than 10 days after 
receipt of such notice to express the views of the pa-
rolee on the proposed modification. 
‘‘(3) PERIOD FOR DETERMINATION.—Not later 
than 21 days after the end of the 10-day period de-
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scribed in paragraph (2), the Commission shall act 
upon a motion or application to modify conditions of 
parole. 
‘‘(4) PETITION BY PAROLEE.—A parolee may 
petition the Commission for a modification of condi-
tions under this section. 
‘‘(5) 
RELATION
TO
REVOCATION
PRO-
CEEDINGS.—This subsection shall not apply to modi-
fications of parole conditions under a revocation pro-
ceeding under section 3643. 
‘‘§ 3639. Jurisdiction of Commission 
‘‘(a) ATTORNEY GENERAL JURISDICTION.—A pa-
rolee shall remain in the legal custody and under the con-
trol of the Attorney General, until the expiration of the 
maximum term or terms of imprisonment to which such 
parolee was sentenced. 
‘‘(b) JURISDICTION OF COMMISSION GENERALLY.— 
Except as otherwise provided in this section, the jurisdic-
tion of the Commission over the parolee shall terminate 
not later than the date of the expiration of the maximum 
term or terms for which the parolee was sentenced, except 
that— 
‘‘(1) such jurisdiction shall terminate at an ear-
lier date to the extent provided under section 
3624(b)(5) or section 3640; and 
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cordance with the procedures prescribed in section 
3643(a)(2), that such supervision should not be ter-
minated because there is a likelihood that the pa-
rolee will engaged in conduct violating any criminal 
law. 
‘‘(2) CONTINUATION
OF
PAROLE.—If super-
vision is not terminated under paragraph (1), the 
parolee may request a hearing annually thereafter, 
and a hearing, with procedures in accordance with 
paragraph (1), shall be conducted with respect to 
such termination of supervision not less frequently 
than every 2 years. 
‘‘(3) EXCLUSION
OF
CERTAIN
PERIODS.—In 
calculating the 5-year period described in paragraph 
(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. 
‘‘§ 3641. Aliens 
‘‘(a) ELIGIBILITY OF PAROLE FOR ALIENS.—Not-
withstanding any other provision of law, aliens shall be 
eligible for parole under this title. 
‘‘(b) ALIENS WITH FINAL ORDERS OF REMOVAL.— 
When an alien prisoner subject to a final order of removal 
becomes eligible for parole, the Commission may authorize 
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the release of such prisoner and, when parole becomes ef-
fective, may deliver such prisoner to a duly authorized im-
migration official for removal. 
‘‘§ 3642. Summons to appear or warrant for retaking 
of parolee 
‘‘(a) IN GENERAL.—If a parolee is alleged to have 
violated the conditions of parole, the Commission may— 
‘‘(1) summon such parolee to appear at a hear-
ing conducted under section 3643; or 
‘‘(2) issue a warrant and retake the parolee as 
provided in this section. 
‘‘(b) ISSUANCE OF SUMMONS OR WARRANT.— 
‘‘(1) IN
GENERAL.—A summons or warrant 
issued under this section shall be issued by the Com-
mission as soon as practicable after discovery of the 
alleged violation, except when delay is determined 
necessary. 
‘‘(2) IMPRISONMENT.—Imprisonment in an in-
stitution shall not constitute grounds for delay of 
such issuance, except that, in the case of any parolee 
charged with a criminal offense, issuance of a sum-
mons or warrant may be suspended pending disposi-
tion of the charge. 
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‘‘(c) NOTICE.—A summons or warrant issued under 
this section shall provide the parolee with written notice 
of— 
‘‘(1) the conditions of parole imposed under 
section 3638 that the parolee is alleged to have vio-
lated; 
‘‘(2) the rights of the parolee under this sub-
chapter; and 
‘‘(3) the possible action which may be taken by 
the Commission. 
‘‘(d) EXECUTION OF WARRANTS.—An officer of a 
Federal penal or correctional institution, or a Federal offi-
cer authorized to serve criminal process within the United 
States, to whom a warrant issued under this section is 
delivered, shall execute such warrant by taking such pa-
rolee and returning the parolee to the custody of the re-
gional commissioner, or to the custody of the Attorney 
General, if the Commission shall so direct. 
‘‘§ 3643. Revocation of parole 
‘‘(a) REVOCATION GENERALLY.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (b) and (c)— 
‘‘(A) an alleged parole violator summoned 
or retaken under section 3642 shall be afforded 
the opportunity to have a preliminary hearing 
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at or reasonably near the place of the alleged 
parole violation or arrest, without unnecessary 
delay, to determine if there is probable cause to 
believe that the parolee has violated a condition 
of parole; 
‘‘(B) upon a finding of probable cause, and 
except as provided in subparagraph (C)— 
‘‘(i) a digest shall be prepared by the 
Commission setting forth in writing the 
factors considered and the reasons for the 
decision; and 
‘‘(ii) a copy of the digest shall be 
given to the parolee within a reasonable 
period of time; 
‘‘(C) the Commission may restore any pa-
rolee to parole supervision if— 
‘‘(i) continuation of revocation pro-
ceedings is not warranted; 
‘‘(ii) incarceration of the parolee 
pending further revocation proceedings is 
not warranted by the alleged frequency or 
seriousness of such violation or violations; 
‘‘(iii) the parolee is not likely to fail to 
appear for further proceedings; and 
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‘‘(iv) the parolee does not constitute a 
danger to himself, herself, or others; and 
‘‘(D) not later than 60 days after a finding 
of probable cause, a revocation hearing shall be 
held at or reasonably near the place of the al-
leged parole violation or arrest, except that a 
revocation hearing may be held at the same 
time and place set for the preliminary hearing. 
‘‘(2) HEARING
PROCEDURES.—For a hearing 
held under paragraph (1)— 
‘‘(A) notice shall be given to the parolee of 
the conditions of parole alleged to have been 
violated, and the time, place, and purposes of 
the scheduled hearing; 
‘‘(B) the parolee shall have an opportunity 
to be represented by an attorney (retained by 
the parolee, or if the parolee is financially un-
able to retain counsel, counsel shall be provided 
under section 3006A) or, if the parolee so 
chooses, a representative as provided by rules 
and regulations, unless the parolee knowingly 
and intelligently waives such representation; 
‘‘(C) the parolee shall have an opportunity 
to appear and testify, and present witnesses 
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and relevant evidence on his or her own behalf; 
and 
‘‘(D) the parolee shall have an opportunity 
to be apprised of the evidence against the pa-
rolee and, if the parolee so requests, to confront 
and cross-examine adverse witnesses, unless the 
Commission specifically finds substantial reason 
for not so allowing. 
‘‘(3) SUBPOENAS.—For purposes of paragraph 
(1), 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 requiring 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 
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in which such a parole proceeding is being con-
ducted, or in which such person may be found. 
‘‘(b) CONVICTION OF CRIMES WHILE ON PAROLE.— 
‘‘(1) IN GENERAL.—Conviction for a Federal, 
State, or local crime committed subsequent to re-
lease on parole shall constitute probable cause for 
purposes of subsection (a). 
‘‘(2) PAROLEES INCARCERATED.—If a parolee 
has been convicted of a Federal, State, or local 
crime and is serving a new sentence in an institu-
tion, a parole revocation warrant or summons issued 
under section 3642 may be placed against the pa-
rolee as a detainer. Not later than 180 days after 
the Commission receives notice of the placement of 
a detainer, the detainer shall be reviewed by the 
Commission. The parolee shall receive notice of the 
pending review, have an opportunity to submit a 
written application containing information relative to 
the disposition of the detainer, and, unless waived, 
shall have counsel as provided in subsection 
(a)(2)(B) to assist in the preparation of such appli-
cation. 
‘‘(3) HEARING.—If the Commission determines 
that additional information is needed to review a de-
tainer under paragraph (2), a dispositional hearing 
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may be held at the institution in which the parolee 
is confined. The parolee shall receive notice of such 
hearing, be allowed to appear and testify on his or 
her own behalf, and, unless waived, shall have coun-
sel as provided in subsection (a)(2)(B). 
‘‘(4) RESOLUTION.—Following the review relat-
ing to the disposition of a detainer, the Commission 
may— 
‘‘(A) let the detainer stand; or 
‘‘(B) withdraw the detainer. 
‘‘(c) CERTAIN ALLEGED PAROLE VIOLATORS.— 
‘‘(1) REVOCATION HEARING.— 
‘‘(A) IN GENERAL.—An alleged parole vio-
lator described in subparagraph (B) shall re-
ceive a revocation hearing within 90 days of the 
date of retaking. 
‘‘(B) COVERED ALLEGED PAROLE VIOLA-
TORS.—An alleged parole violator described in 
this subparagraph is an alleged parole violator 
who— 
‘‘(i) is summoned or retaken by war-
rant under section 3642 and knowingly 
and intelligently waives the right to a hear-
ing under subsection (a); 
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‘‘(ii) knowingly and intelligently ad-
mits violation at a preliminary hearing 
held under subsection (a)(1)(A); or 
‘‘(iii) is retaken under subsection (b). 
‘‘(C) CONDUCT OF HEARING.—The Com-
mission may conduct a hearing under subpara-
graph (A) at the institution to which the pa-
rolee has been returned, and the alleged parole 
violator shall receive notice of the hearing, be 
allowed to appear and testify on his or her own 
behalf, and, unless waived, shall have counsel or 
another representative as provided in subsection 
(a)(2)(B). 
‘‘(d) DISPOSITION.— 
‘‘(1) IN GENERAL.—If a parolee is summoned 
or retaken under section 3642, and the Commission 
finds, in accordance with this section (including 
paragraph (2) of this subsection) and by a prepon-
derance of the evidence, that the parolee has violated 
a condition of parole, the Commission may— 
‘‘(A) restore the parolee to supervision; 
‘‘(B) reprimand the parolee; 
‘‘(C) modify the conditions of the parole of 
the parolee; 
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‘‘(D) refer the parolee to a residential com-
munity treatment center for all or part of the 
remainder of the original sentence; or 
‘‘(E) formally revoke parole or release as if 
on parole under this title. 
‘‘(2) REQUIREMENTS.—The Commission may 
take an action under paragraph (1) if it has taken 
into consideration— 
‘‘(A) whether the parolee has been con-
victed of any Federal, State, or local crime sub-
sequent to release on parole, and the serious-
ness thereof; and 
‘‘(B) whether the action is warranted by 
the frequency or seriousness of the violation by 
the parolee of any other condition or conditions 
of parole. 
‘‘(e) NOTICE.—Not later than 21 days, excluding 
holidays, after a revocation hearing under this section, the 
Commission shall furnish the parolee with a written notice 
of its determination. If parole is revoked, a digest shall 
be prepared by the Commission setting forth in writing 
the factors considered and reasons for such action, a copy 
of which shall be given to the parolee. 
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(A) an individual who is being held, de-
tained, or incarcerated in a correctional facility; 
and 
(B) an individual who is being held in an 
immigration detention facility; 
(4) the term ‘‘covered provider’’ means a pro-
vider of a service, including a money transfer serv-
ice, that— 
(A) facilitates the electronic transfer of 
funds from an individual who is not a covered 
inmate to a covered inmate; 
(B) provides a payment to a covered in-
mate who is being released from a correctional 
facility or an immigration detention facility; or 
(C) provides a payment on behalf of a cov-
ered inmate; and 
(5) the term ‘‘immigration detention facility’’ 
means a Federal, State, or local government facility, 
or a privately owned and operated facility, that is 
used, in whole or in part, to hold individuals under 
the authority of the Director of U.S. Immigration 
and Customs Enforcement, including facilities that 
hold such individuals under a contract or agreement 
with the Department of Homeland Security. 
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