I
107TH CONGRESS
2D SESSION
H. R. 5296
To revive the system of parole for Federal prisoners.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mrs. MINK of Hawaii 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 subpenas 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
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.—An eligible prisoner shall, subject
to subsections (b) and (c), and pursuant to guidelines
issued by the Commission under If an eligible prisoner has
substantially observed the rules of the institution or insti-
tutions 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 pris-
oner 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
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 of 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 engaged in conduct vio-
lating 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
Commission setting forth in writing the factors con-
sidered and the reasons for the decision, a copy of
which shall be given to the parolee within a reason-
able period of time; except that after a finding of
probable cause the Commission may restore any pa-
rolee to parole supervision if—
‘‘(i) continuation of revocation proceedings
is not warranted; or
‘‘(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 ap-
pear for further proceedings; and
‘‘(iv) the parolee does not constitute a dan-
ger to himself or others; and
‘‘(B) upon a finding of probable cause under
subparagraph (1)(A), a revocation hearing at or rea-
sonably near the place of the alleged parole violation
or arrest within 60 days of such determination of
probable cause, except that a revocation hearing may
be held at the same time and place set for the pre-
liminary hearing.
‘‘(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
sections 554, 555, 556, and 557, the Commission is an
‘agency’ 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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