An Act to establish an independent and regionalized U.S. Parole Commission, to provide fair and equitable parole procedures, and for other purposes.
PL 94-233 (H.R.5727), enacted 03/15/1976

PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 219 
Public Law 94-233 
94th Congress 
An Act 
To establish an independent and regionalized United States Parole Commission, 
to provide fair and equitable parole procedures, and for other purposes. 
Mar. 15, 1976 
[H.R. 5727] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may Parole 
be cited as the "Parole Commission and Reors^anization Act". 
Commission and 
Reorganization 
Act 
18 use 4201 
note. 
Repeal. 
UNITED STATES PAROLE COMMISSION ; PAROLE PROCEDURES, CONDITIONS, ETC. 
SEC. 2. Title 18 of the United States Code is amended by repealing 
chapter 311 (relating to parole) and inserting in lieu thereof the 
following new chapter to read as follows: 
"Chapter 311—PAROLE 
"Sec. 
"4201. Definitions. 
"4202. Parole Commission created. 
"4203. Powers and duties of the Commission. 
"4204. Powers and duties of the Chairman. 
"4205. Time of eligibility for release on parole. 
"4206. Parole determination criteria. 
"4207. Information considered. 
"4208. Parole determination proceeding; time. 
"4209. Conditions of parole. 
"4210. Jurisdiction of Commission. 
"4211. Early termination of parole. 
"4212. Aliens. 
"4213. Summons to appear or warrant for retaking of parolee. 
"4214. Revocation of parole. 
"4215. Reconsideration and appeal. 
"4216. Young adult offenders. 
"4217. Warrants to retake Canal Zone parole violators, 
"4218. Applicability of Administrative Procedure Act. 
"§4201. Definitions 
"As used in this chapter— 
"(1) 'Commission' means the United States Parole Commis-
sion ; 
"(2) 'Commissioner' means any member of the United States 
Parole Commission; 
" (3) 'Director' means the Director of the Bureau of Prisons; 
"(4) 'Eligible prisoner' means any Federal prisoner who is 
eligible for parole pursuant to this title or any other law includ-
ing any Federal prisoner whose parole has been revoked and who 
is not otherwise ineligible for parole; 
" (5) 'Parolee' means any eligible prisoner who has been released 
on parole or deemed as if released on parole under section 4164 or 18 USC 4164. 
section 4205(f) ; and 
"(6) 'Rules and regulations'means rules and regulations pro-
mulgated by the Commission pursuant to section 4203 and section 
553 of title 5, United States Code. 
"§ 4202. Parole Commission created 
18 USC 4202. 
"There is hereby established, as an independent agency in the Membership. 
Department of Justice, a United States Parole Commission which shall 
18 USC 4201. 
90 STAT. 220 
PUBLIC LAW 94-233—MAR. 15, 1976 
Term. 
Compensation. 
5 u s e 5332 note. 
18 u s e 4203. 
Rules and 
regulations. 
Review. 
be comprised 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. The term 
of office of a Commissioner shall be six years, except that the term of a 
person appointed as a Commissioner to fill a vacancy shall expire six 
years from the date upon which such pereon was appointed and quali-
fied. 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. Commissioners shall be compensated at the highest rate 
now or hereafter prescribed for grade 18 of the General Schedule pay 
rates (5 U.S.C. 5332). 
"§ 4203. Powers and duties of the Commission 
" (a) The Commission shall meet at least quarterly, and by majority 
vote shall— 
"(1) promulgate rules and regulations establishing guidelines 
for the powers enumerated in subsection (b) of this section and 
such other rules and regulations as are necessary to carry out a 
national parole policy and the purposes of this chapter; 
"(2) create such regions as are necessary to carry out the pro-
visions of this chapter, but in no event less than five; and 
"(3) ratify, revise, or den;^ any request for regular, supple-
mental, 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) The Commission, by majority vote, and pursuant to the pro-
cedures set out in this chapter, shall have the power to— 
" (1) grant or deny an application or recommendation to parole 
any eligible prisoner; 
" (2) impose reasonable conditions on an order granting parole; 
" (3) modify or revoke an order paroling any eligible prisoner; 
and 
"(4) request probation officers and other individuals, organiza-
tions, 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 parolees; 
and so as to assure that no probation officers, individuals, orga-
nizations, or agencies shall bear excessive caseloads. 
"(c) The Commission, by majority vote, and pursuant to rules and 
regulations— 
" (1) may delegate to any Commissioner or commissioners pow-
ers enumerated in subsection (b) of this section; 
"(2) may delegate to hearing examiners any powers necessary 
to conduct hearings and proceedings, 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 recommend 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 hearings held pursuant 
to section 4214 to any officer or employee of the executive or 
judicial branch of Federal or State government; and 
"(4) may review, or may delegate to the National Appeals 
Board the power to review, any decision made pursuant to sub-
paragrapli (1) of this subsection except that any such decision 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 221 
so reviewed must be reaffirmed, modified or reversed within thirty 
days of the date the decision is rendered, and, in case of such 
review, the individual to whom the decision applies shall be 
informed in writing of the Commission's actions with respect 
thereto and the reasons for such actions. 
"(d) Except as otherwise provided by law, any action taken by 
the Commission pursuant to subsection (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 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 responsibility and authority, shall 
have full access to all information relating to the performance of 
such duties and responsibilities, and shall have one vote. 
*
*
§ 4204. Powers and duties of the Chairman 
18 USC 4204. 
"(a) The Chairman shall— 
"(1) convene and preside at meetings of the Commission pur-
suant to section 4203 and such additional meetings of the 
Commission as the Chairman may call or as may be requested in 
writing by at least three Commissioners; 
"(2) appoint, fix the compensation of, assign, and supervise 
all personnel employed by the Commission except that— 
"(A) the appointment of any hearing examiner shall be 
subject to approval of the Commission within the first year 
of such hearing examiner's employment; and 
"(B) regional Commissioners shall appoint and supervise 
such personnel employed regularly and full time in their 
respective regions as are compensated at a rate up to and 
including grade 9 of the General Schedule pay rates (5 
U.S.C. 5332); 
5 USC 5332 note. 
"(3) assign duties among officers and employees of the Com-
mission, including Commissioners, so as to balance the workload 
and provide for orderly administration; 
"(4) direct the preparation of requests for appropriations for 
the Commission, and the use of funds made available to the 
Commission; 
"(5) designate three Commissioners 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 disability of the Chairman 
or in the event of the vacancy of the Chairmanship), and desig-
nate, for each such region established pursuant to section 4203, 
one Commissioner to serve as regional Commissioner in each such 
region; except that 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 Report to 
annually to each House of Congress on the activities of the Com- Congress, 
mission; 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 provided under any other provision 
of law. 
"(b) The Chairman shall have the power to— 
"(1) without regard to section 3648 of the Revised Statutes 
of the United States (31 U.S.C. 529), enter into and perform 
90 STAT. 222 
' 
PUBLIC LAW 94-233—MAR. 15, 1976 
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 agency, or with any person, 
firm, association, corporation, educational institution, or nonprofit 
organization; 
"(2) accept voluntary and uncompensated services, notwith-
standing the provisions of section 3679 of the Revised Statutes 
of the United States (31 U.S.C. 665(b)) ; 
"(3) procure for the Commission temporary and intermittent 
services to the same extent as is authorized by 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 agen-
cies 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 programs 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) utilize the services, equipment, personnel, information, 
facilities, and instrumentalities with or without reimbursement 
therefor of other Federal, State, local, and private agencies with 
their consent. 
"(c) In carrying out his functions under this section, the Chairman 
shall be governed by the national parole policies promulgated by the 
Commission. 
18 use 4205. 
"§ 4205. Time of eligibility for release on parole 
"(a) 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 or of a sentence of over thirty years, except to the 
extent otherwise provided by law. 
"(b) 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, may (1) designate in 
the sentence of imprisonment imposed a minimum term at the expira-
tion 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) the court may 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) If the court desires more detailed information as a basis for 
determining the sentence to be imposed, the court may commit the 
defendant to the custody of the Attorney General, which commitment 
V 
shall be deemed to be for the maximum sentence of imprisonment pre-
scribed by law, for a study as described in subsection (d) of this 
section. 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 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 223 
18 use 3651. 
an additional three months, for further study. After receiving such 
reports and recommendations, the court may in its discretion: (1) 
pJace the offender on probation as authorized by section 3651; or (2) 
affirm the sentence of imprisonment originally imposed, or reduce the 
sentence of imprisonment, and commit the offender under any applica-
ble provision of law. The term of the sentence shall run from the date 
of original commitment under this section. 
"(d) Upon commitment of a prisoner sentenced to imprisonment Study and report, 
under the provisions of subsections (a) or (b) of this section, the 
Director, under such regulations as the Attorney General may pre-
scribe, shall cause a complete study to be made of the prisoner and 
shall furnish to the Commission a summary report together with any 
recommendations which in his opinion would be helpful in determin-
ing the suitability of the prisoner for parole. This report may include 
but shall not be limited to data regarding the prisoner's previous 
delinquency or criminal experience, pertinent circumstances of his 
social background, his capabilities, his mental and physical health, 
and such other factors as may be considered pertinent. The Commis-
sion may make such other investigation as it may deem necessary. 
"(e) Upon request of the Commission, it shall be the duty of the 
^ , ; c 
various probation officers and government bureaus and agencies to 
furnish the Commission information available to such officer, bureau, 
or agency, concerning any eligible prisoner or parolee and whenever 
not incompatible with the public interest, their views and recom-
mendation with respect to any matter within the jurisdiction of the 
Commission. 
"(f) Any prisoner sentenced to imprisonment for a term or terms 
of not less than six months but not more than one year shall be 
released at the expiration of such sentence less good time deductions 
provided by law, unless the court which imposed 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 the 
provisions of section 4164. This subsection shall not prevent delivery 18 U
S
C 4164. 
of any person released on parole to the authorities of any State other-
wise entitled to his custody. 
"(g) 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 application at any 
time and no hearing shall be required. 
"(h) Nothing in this chapter shall be construed to provide that 
a,ny prisoner shall be eligible for release on parole if such prisoner 
is ineligible for such release under any other provision of law. 
"§ 4206. Parole determination criteria 
18 USC 4206. 
"(a) If an eligible prisoner has substantially observed the rules 
of the institution or institutions to which he has been confined, and 
if the Commission, upon consideration of the nature and circumstances 
of the offense and the history and characteristics of the prisoner, 
determines: 
"(1) that release would not depreciate the seriousness of his 
offense or promote disrespect for the law; and 
' ''^''' 
"(2) that release would not jeopardize the public welfare; 
subject to the provisions of subsections (b) and (c) of this section, 
and pursuant to guidelines promulgated by the Commission pursuant 
to section 4203(a)(1), such prisoner shall be released. 
"(b) The Commission shall furnish the eligible prisoner with a Written notice, 
written notice of its determination not later than twenty-one days, 
90 STAT. 224 
PUBLIC LAW 94-233—MAR. 15, 1976 
18 use 4207. 
18 use 4208. 
Waiver. 
Written notice; 
report. 
Waiver. 
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) The Commission may grant or deny release on parole not-
withstanding the guidelines referred to in subsection (a) of this section 
if it determines there is good cause for so doing: Provided, That the 
prisoner is furnished written notice stating with particularity the 
reasons for its determination, including a summary of the information 
relied upon. 
"(d) Any prisoner, serving a sentence of five years or longer, who 
is not earlier released under this section or any other applicable pro-
vision of law, shall be released on parole after having served two-
thirds of each consecutive term or terms, or after serving thirty years 
of each consecutive term or terms of more than forty-five years 
including any life term, whichever is earlier: Provided, however, 
That the Commission shall not release such prisoner if it determines 
that he has seriously or frequently violated institution rules and 
regulations or that there is a reasonable probability that he will com-
mit any Federal, State, or local crime. 
"§4207. Information considered 
"In making a determination under this chapter (relating to release 
on parole) the Commission shall consider, if available and relevant: 
" (1) reports and recommendations which the staff of the facil-
ity in which such>prisoner is confined may make; 
"(2) official reports of the prisoner's prior criminal record, 
including a report or record of earlier probation and parole 
experiences; 
"(3) presentence investigation reports; 
"(4) recommendations regarding the prisoner's parole made at 
the time of sentencing by the sentencing judge; and 
"(5) reports of physical, mental, or psychiatric examination 
of the offender. 
There shall also be taken into consideration such additional relevant 
information concerning the prisoner (including information sub-
mitted by the prisoner) as may be reasonably available. 
"§4208. Parole determination proceeding; time 
"(a) In making a determination under this chapter (relating to 
parole) the Commission shall conduct a parole determination proceed-
ing 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 eligible for parole 
pursuant to subsections (a) and (b) (1) of section 4205 shall be held 
not later than thirty 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 
4205 or i-eleased on parole and whose parole has been revoked shall 
be held not later than one hundred and twenty days following such 
prisoner's imprisonment or reimprisonment in a Federal institution, 
as the case may be. An eligible prisoner may knowingly and intelli-
gently waive any proceeding. 
"(b) At least thirty days prior to any parole determination pro-
ceeding, the prisoner shall be provided with (1) written notice of the 
time and place of the proceeding, and (2) reasonable access to a report 
or other document to be used by the Commission in making its deter-
mination. A prisoner may waive such notice, except that if notice is 
not waived the proceeding shall be held during the next regularly 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 225 
scheduled proceedings by the Commission at the institution in which 
the prisoner is confined. 
"(c) Subparagraph (2) of subsection (b) shall not apply to— 
"(1) diagnostic opinions which, if made known to the eligible 
prisoner, could lead to a serious disruption of his institutional 
program; 
"(2) any document which reveals sources of information 
obtained upon a promise of confidentiality; or 
"(3) any other information which, if disclosed, might result 
in harm, physical or otherwise, to any person. 
If any document is deemed by either the Commission, the Bureau of 
l^risons, or any other agency to fall within the exclusionary provisions 
of subparagraphs (1), (2), or (3) of this subsection, then it shall 
become the duty of the Commission, the Bureau, or such other agency, 
as the case may be, to summarize 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) (1) During the period prior to the parole determination pro-
ceeding as provided in subsection (b) of this section, a prisoner may 
consult, as provided by the director, with a representative as referred 
to in subparagraph (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) The prisoner shall be allowed to appear and testify on his own 
behalf at the parole determination proceeding. 
"(f) A full and complete record of every proceeding shall be 
retained by the Commission. Upon request, the Commission shall make 
available to any eligible prisoner such record as the Commission may 
retain of the proceeding. 
"(g) If parole is denied, a personal conference to explain the 
reasons for such denial shall be held, if feasible, between the prisoner 
and the Commissioners or examiners conducting the proceeding 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 proceeding. 
"(h) In any case in which release on parole is not granted, sub-
sequent parole determination proceedings shall be held not less 
frequently than: 
"(1) eighteen months in the case of a prisoner with a term or 
terms of more than one year but less than seven years; and 
"(2) twenty-four months in the case of a prisoner with a terra 
or teiTOS of seven years or longer. 
"§ 4209. Conditions of parole 
"(a) In every case, the Commission shall impose as a condition 
of parole that the parolee not commit another Federal, State, or local 
crime. 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 offense; and 
" (2) the history and characteristics of the parolee; 
and may provide for such supervision and other limitations as are 
reasonable to protect the public welfare. 
"(b) 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 
Record retention. 
Parole denial, 
conference. 
18 use 4209. 
90 STAT. 226 
PUBLIC LAW 94-233—MAR. 15, 1976 
parole. An effort shall be made to make certain that the parolee under-
stands the conditions of his parole. 
" (c) Release on parole or release as if on parole may as a condition 
of such release require— 
"(1) a parolee to reside in or participate in the program of 
a residential community treatment center, or both, for all or part 
of the period of such parole; 
"(2) a parolee, who is an addict within the meaning of section 
18 use 4251. 
4251(a), or a drug dependent person within the meaning of 
section 2(q) of the Public Health Service Act, as amended (42 
U.S.C 201), to participate in the community supervision pro-
18 use 4255. 
grams authorized by section 4255 for all or part of the period 
of parole. 
A parolee residing in a residential community treatment center pur-
suant to subparagraph (1) or (2) of this subsection, may be required 
to pay such costs incident to residence as the Commission deems 
appropriate. 
" ( d ) ( 1 ) The Commission may modify conditions of parole pursuant 
to this section on its own motion, or on the motion of a United States 
probation officer supervising a parolee: Provided, 
That the parolee 
receives notice of such action and has ten days after receipt of such 
notice to express his views on the proposed modification. Following 
such ten-day period, the Commission shall have twenty-one days, 
exclusive of holidays, to act upon such motion or application. 
Petition. 
" (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 modifi-
cations of parole conditions pursuant to a revocation proceeding under 
section 4214. 
18 use 4210. 
"§ 4210. Jurisdiction of Commission 
" (a) A parolee shall remain in the legal custody and under the con-
.; 
trol of the Attorney General, until the expiration of the maximum 
term or terms for which such parolee was sentenced. 
"(b) Except as otherwise provided in this section, the jurisdiction 
of the Commission over the parolee shall terminate no later than the 
date of the expiration of the maximum term or terms for which he was 
sentenced, except that— 
"(1) such jurisdiction shall terminate at an earlier date to the 
extent provided under section 4164 (relating to mandatory release) 
or section 4211 (relating to early termination of parole super-
vision), and 
"(2) in the case of a parolee who has been convicted of a Fed-
eral, State, or local crime committed subseqiient to his release on 
parole, and such crime is punishable by a term of imprisonment, 
detention or incarceration in any penal facility, the Commission 
shall determine, in accordance with the provisions of section 4214 
(b) or (c), whether all or any part of the unexpired term being 
served at the time of parole shall run concurrently or consecu-
tively with the sentence imposed for the new offense, but in no 
case shall such service together with such time as the parolee has 
previously served in connection with the offense for which he was 
paroled, be longer than the maximum term for which he was sen-
tenced in connection with such offense. 
"(c) In the case of any parolee foimd 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 
jurisdiction of the Commission may be extended for the period during 
which the parolee so refused or failed to respond. 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 227 
18 use 4211. 
Review. 
"(d) The parole of any parolee shall run concurrently with the 
period of parole or probation under any other Federal, State, or local 
sentence. 
"(e) The parole of any prisoner sentenced before June 29, 1932, 
shall be for the remainder of the term or terms specified in his sentence, 
less good time allowances provided by law. 
"(f) Upon the termination of the jurisdiction of the Commission 
over any parolee, the Commission shall issue a certificate of discharge 
to such parolee and to such other agencies as it may determine. 
"§ 4211. Early termination of parole 
"(a) Upon its own motion or upon request of the parolee, the 
Commission may terminate supervision over a parolee prior to the 
termination of jurisdiction under section 4210. 
"(b) Two years after each parolee's release on parole, and at least 
annually thereafter, the Commission shall review the status of the 
parolee to determine the need for continued supervision. In calculat-
ing 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 sentence. 
"(c) (1) Five years after each parolee's release on parole, the Com-
mission shall terminate supervision over such parolee unless it is 
determined, after a hearing conducted in accordance witli the pro-
cedures prescribed in section 4214(a) (2), that such supervision should 
not ba terminated because there is a likelihood that the parolee will 
engage in conduct violating any criminal law. 
"(2) If supervision is not terminated under subparagraph (1) of 
this subsection the i^arolee may request a hearing annually thereafter, 
and a hearing, with procedures as provided in subparagraph (1) of 
this subsection shall be conducted with respect to such termination 
of supervision 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 sentence. 
"§4212. Aliens 
"Wlien an alien prisoner subject to deportation becomes 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 delivered 
to the duly authorized immigration official for deportation. 
"§ 4213. Summons to appear or warrant for retaking of parolee 18 USC 4213. 
"(a) If any parolee is alleged to have violated his parole, the Com-
mission may— 
"(1) summon such parolee to appear at a hearing conducted 
pursuant to section 4214; or 
"(2) issue a warrant and retake the parolee as provided in this 
section. 
"(b) 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. Imprison-
ment in an institution shall not be deemed grounds for delay of such 
issuance, except that, in the case of any parolee charged with a crimi-
nal offense, issuance of a summons or warrant may be suspended 
pending disposition of the charge. 
18 USC 4212. 
90 STAT. 228 
PUBLIC LAW 94-233—MAR. 15, 1976 
"(c) 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 4209; 
" f 2^ his rights under this chapter; and 
the possible action which may be taken by the Commis-
sion. 
"(d) 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 section is delivered, 
shall execute such warrant by taking such parolee and returning him 
to the custody of the regional commissioner, or to the custody of the 
Attorney General, if the Commission shall so direct. 
18 use 4214. 
«§ 4214. Revocation of parole 
"(a) (1) Except as provided in subsections (b) and (c), any alleged 
parole violator summoned or retaken under section 4213 shall be 
accorded the opportunity to have— 
Hearing. 
"(A) a preliminary hearing 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 he has 
violated 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 considered and the reasons for the decision, 
a copy of which shall be given to the parolee within a reasonable 
period of time; except that after a finding of probable cause the 
Commission may restore any parolee to parole supervision if: 
"(i) continuation of revocation proceedings is not war-
ranted; or 
"(ii) incarceration of the parolee pending further revoca-
tion 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 
"(iv) the parolee does not constitute a danger to himself 
., . 
or others. 
"(B) upon a finding of probable cause under subparagraph 
(1) (A), a revocation hearing at or reasonably near the place of 
the alleged parole violation or arrest within sixty days of such 
determination of probable cause except that a revocation hearing 
may be held at the same time and place set for the preliminary 
hearing. 
Hearings. 
"(2) Hearings held pursuant to subparagraph (1) of this subsec-
tion 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 represented by an attor-
ney (retained by the parolee, or if he is financially unable to retain 
18 use 3006A. 
counsel, counsel shall be provided pursuant to section 3006A) or, 
if he so chooses, a representative as provided by rules and regu-
lations, unless the parolee knowingly and intelligently waives 
such representation. 
"(C) opportunity for the parolee to appear and testify, and 
present witnesses and relevant evidence on his own behalf; and 
"(D) opportunity for the parolee to be apprised of the evidence 
against him and, i:^ he so requests, to confront and cross-examine 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 229 
Detainer review. 
Notice; 
application. 
adverse witnesses, unless the Commission specifically finds sub-
stantial reason for not so allowing. 
For the purposes of subparagraph (1) of this subsection, the Com- Subpena 
mission may subpena witnesses and evidence, and pay witness fees as 
established for the courts of the United States. If a person refuses to 
obey such a subpena, the Commission may petition a court of the 
United States for the judicial district in which such parole proceed-
ing 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 Com-
mission, when the court finds such information, thing, or testimony 
directly related to a matter with respect to which the Commission 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) (1) Conviction for a Federal, State, or local crime committed 
subsequent to release on parole shall constitute probable cause for 
purposes of subsection (a) of this section. In cases in which a parolee 
has been convicted of such a crime and is serving a new sentence in 
an institution, a parole revocation warrant or summons issued pur-
suant to section 4213 may be placed against him as a detainer. Such 
detainer shall be reviewed by the Commission within one hundred 
and eighty days of notification to the Commission of placement. The 
parolee shall receive notice of the pending review, have an oppor-
tunity 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) of this section to assist 
him in the preparation of such application. 
"(2) If the Commission determines that additional information 
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 Commission may: 
"(A) let the detainer stand; or 
"(B) withdraw the detainer. 
"(c) Any alleged parole violator who is summoned or retaken by 
warrant under section 4213 who knowingly and intelligently waives 
his 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 revo-
cation hearing within ninety days of the date of retaking. The Com-
mission 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) 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 Commission may take any 
of the following actions: 
" (1) restore the parolee to supervision; 
"(2) reprimand the parolee; 
Revocation 
hearing. 
90 STAT. 230 
PUBLIC LAW 94-233—MAR. 15, 1976 
Notice. 
18 use 4215. 
18 use 4216. 
18 use 5005 
et seq. 
"(3) modify the parolee's conditions of the parole; 
"(4) refer the parolee to a residential community treatment 
center for all or part of the remainder of his original sentence; or 
" (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 subsequent 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) The Commission shall furnish the parolee with a written notice 
of its determination not later than twenty-one days, excluding holi-
days, after the date of the revocation hearing. 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. 
"§4215. Reconsideration and appeal 
"(a) Whenever parole release is denied under section 4206, parole 
conditions are imposed or modified under section 4209, parole dis-
charge is denied under section 4211 (c), or parole is modified or revoked 
under section 4214, the individual to whom any such decision applies 
may have the decision reconsidered by submitting a written applica-
tion to the regional commissioner not later than thirty days following 
the date on which the decision is rendered. The regional commissioner, 
upon receipt of such application, must act pursuant to rules and regula-
tions within thirty days to reaffirm, modify, or reverse his original 
decision and shall inform the applicant in writing of the decision and 
the reasons therefor. 
"(b) Any decision made pursuant to subsection (a) of this section 
which is adverse to the applicant for reconsideration may be appealed 
by such individual to the National Appeals Board by submitting a 
written notice of appeal not later than thirty days following the date 
on which such decision is rendered. The National Appeals Board, 
upon receipt of the appellant's papers, must act pursuant to rules and 
regulations within sixty days to reaffii'm, modify, or reverse the deci-
sion and shall inform the appellant in writing of the decision and the 
reasons therefor. 
"(c) The National Appeals Board may review any decision of a 
regional commissioner upon the written request of the Attorney Gen-
eral filed not later than thirty days following the decision and, by 
majority vote, shall reaffirm, modify, or reverse the decision within 
sixty days of the receipt of the Attorney General's request. The Board 
shall inform the Attorney General and the individual to whom the 
decision applies in writing of its decision and the reasons therefor. 
"§ 4216. Young adult offenders 
"In the case of a defendant who has attained his twenty-second 
birthday but has not attained his twenty-sixth birthday at the time 
of conviction, if, after taking into consideration the previous record 
of the defendant as to delinquency or criminal experience, his social 
background, capabilities, mental and physical health, and such other 
factors as may be considered pertinent, the court finds that there are 
reasonable grounds to believe that the defendant will benefit from the 
treatment provided under the Federal Youth Corrections Act (18 
U.S.C., chap. 402) sentence may be imposed pursuant to the provisions 
of such Act. 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 231 
"§ 4217. Warrants to retake Canal Zone parole violators 
18 USC 4217. 
"An officer of a Federal penal or correctional institution, or a Fed-
eral officer authorized to serve criminal process within the United 
States, to whom a warrant issued by the Governor of the Canal Zone 
for the retaking of a parole violator is delivered, shall execute the 
warrant by taking the prisoner and holding him for delivery to a 
representative of the Governor of the Canal Zone for return to the 
Canal Zone. 
"§ 4218. Applicability of Administrative Procedure Act 
18 USC 4218. 
"(a) For purposes of the provisions of chapter 5 of title 5, United 
States Code, other than sections 554, 555, 556, and 557, the Commission 5 USC 500 et seq. 
is an 'agency' as defined in such chapter. 
"(b) 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) To the extent that actions of the Commission pursuant to 
section 4203(a)(1) are not in accord with the provisions of section 
653 of title 5, United States Code, they shall be reviewable in accord-
ance with the provisions of sections 701 through 706 of title 5, United 
States Code. 
"(d) Actions of the Commission pursuant to paragraphs (1), (2), 
and (3) of section 4203(b) shall be considered actions committed to 
agency discretion for purposes of section 701(a) (2) of title 5, United 
States Code.". 
SEC. 3. Section 5005 of title 18, United States Code, is amended to 
read as follows: 
"§5005. Youth correction decisions 
"The Commission and, where appropriate, its authorized representa-
tives as provided in section 4203 (c), may grant or deny any application Ante, p. 220. 
or recommendation for conditional release, or modify or revoke any 
order of conditional release, of any person sentenced pursuant to this 
chapter, and perform such other duties and responsibilities as may 
be required by law. Except as otherwise provided, decisions of the 
Commission shall be made in accordance with the procedures set out 
in chapter 311 of this title.". 
18 USC 4201 
SEC. 4. Section 5006 of title 18, United States Code, is amended to ^^'^1-
read as follows: 
"§5006. Definitions 
"As used in this chapter— 
" (a) 'Commission' means the United States Parole Commission; 
"(b) 'Bureau' means the Bureau of Prisons; 
"(c) 'Director' means the Director of the Bureau of Prisons; 
"(d) 'youth offender' means a person under the age of twenty-
two years at the time of conviction; 
"(e) 'committed youth offender' is one committed for treatment 
hereunder to the custody of the Attorney General pursuant to 
sections 5010(b) and 5010(c) of this chapter; 
"(f) 'treatment'means corrective and preventive guidance and 
training designed to protect the public by correcting the antisocial 
tendencies of youth offenders; and 
"(g) 'conviction' means the judgment on a verdict or finding 
of guilty, a plea of guilty, or a plea of nolo contendere.". 
SEC. 5. Sections 5007, 5008, and 5009 of title 18, United States Code, Repeal, 
are repealed. 
SEC. 6. Section 5014 of title 18, United States Code, is amended to 
read as follows: 
90 STAT. 232 
PUBLIC LAW 94-233—MAR. 15, 1976 
18 use 5014. 
*
*
§ 5014. Classification studies and reports 
"The Director shall provide classification centers and agencies. 
/ 
Every committed youth offender shall first be sent to a classification 
center or agency. The classification center or agency shall make a 
complete study of each committed youth offender, including a mental 
and physical examination, to ascertain his personal traits, his capa-
bilities, pertinent circumstances of his school, family life, any previous 
delinquency or criminal experience, and any mental or physical defect 
J 
or other factor contributing to his delinquency. In the absence of excep-
tional circumstances, such study shall be completed within a period of 
thirty days. The agency shall promptly forward to the Director and 
to the Commission a report of its findings with respect to the youth 
offender and its recommendations as to his treatment. As soon as prac-
; 
ticable after commitment, the youth offender shall receive a parole 
interview.". 
SEC. 7. Section 5017(a) of title 18, United States Code, is amended 
to read as follows: 
"(a) The Commission may at any time after reasonable notice to 
the Director release conditionally under supervision a committed youth 
Ante, p. 223. 
offender in accordance with the provisions of section 4206 of this title. 
When, in the judgment of the Director, a committed youth offender 
should be released conditionally imder supervision he shall so report 
and recommend to the Commission.". 
SEC. 8. Section 5020 of title 18, United States Code, is amended to 
' 
read as follows: 
"§ 5020. Apprehension of released offenders 
"If, at any time before the unconditional discharge of a committed 
youth offender, the Commission is of the opinion that such youth 
offender will be benefited by further treatment in an institution or 
other facility the Commission may direct his return to custody or if 
necessary may issue a warrant for the apprehension and return to 
custody of such yoiifehful offender and cause such warrant to be 
executed by a United States probation officer, an appointed supervisory 
agent, a United States marshal, or any officer of a Federal penal or 
correctional institution. Upon return to custody^, such youth offender 
shall be given a revocation hearing by the Commission.". 
18 use 5005 
SEC. 9. Chapter 402 of title 18, United States Code, is amended by 
et seq. 
deleting the term "division" whenever it appears therein and inserting 
in lieu thereof the word "Commission". 
SEC. 10. The table of sections for chapter 402 of title 18, United 
States Code, is amended to read as follows: 
' 
"Sec. 
"5005. Youth correction decisions. 
"5006. Definitions. 
"5010. Sentence. 
"5011. Treatment. 
"5012. Certificate as to availability of facilities. 
"5013. Provision of facilities. 
"5014. Classification studies and reports. 
"5015. Powers of Director as to placement of youth offenders. 
"5016. Reports concerning offenders. 
"5017. Release of youth offenders. 
"5018. Revocation of Commission orders. 
"5019. Supervision of released youth offenders. 
"5020. Apprehension for released offenders. 
"5021. Certificate setting aside conviction. 
"5022. Applicable date. 
"5023. Relationship to Probation and Juvenile Delinquency Acts. 
"5024. Where applicable. 
"5025. Applicability to the District of Columbia. 
"5026. Parole of other offenders not affected.". 
PUBLIC LAW 94-233—MAR. 15, 1976 
90 STAT. 233 
SEC. 11. Section 5041 of title 18, United States Code, is amended to 
read as follows: 
"§5041. Parole 
"A juvenile delinquent who has been committed may be released on 
parole at any time under such conditions and regulations as the United 
State Parole Commission deems proper in accordance with the pro-
visions in section 4206 of this title.". 
SEC. 12. Whenever in any of the laws of the United States or the 
District of Columbia the term "United States Parole Board", or any 
other term referring thereto, is used, such term or terms, on and after 
the date of the effective date of this Act, shall be deemed to refer to the 
United States Parole Commission as established by the amendments 
made by this Act. 
SEC. 13. Section 5108(c)(7) of title 5, United States Code, is 
amended to read as follows: 
"(7) the Attorney General, without regard to any other pro-
vision of this section, may place a total of ten positions of warden 
in the Bureau of Prisons in GS-16;". 
SEC. 14. Section 3655 of title 18, United States Code, relating to 
duties of probation officers, is amended by striking out "Attorney 
General" in the last sentence and inserting in lieu thereof "United 
States Parole Commission". 
SEC. 15. There is hereby authorized to be appropriated such sums as 
are necessary to carry out the purposes of the amendments made by 
this Act. 
SEC. 16. (a) There are hereby transferred to the Chairman of the 
United States Parole Commission, all personnel, liabilities, contracts, 
property and records as are employed, held, used, arising from, avail-
able or to be made available of the United States Board of Parole with 
respect to all functions, powers, and duties transferred by this Act to 
the United States Parole Commission. 
(b) This Act shall take effect sixty days after the date of enactment, 
except that the provisions of section 4208(h) of this Act shall take 
effect one hundred twenty days after the date of enactment. 
(c) Each person holding office as a member of the United States 
Board of Parole on the day before the effective date of the Parole 
Commission and Keor^anization Act shall be a Commissioner whose 
term as such shall expire on the date of the expiration of the term for 
which such person was appointed as a member of the Board of Parole. 
(d) For the purpose of section 4202 of title 18, United States Code, 
service by an individual as a member of the United States Board of 
Parole shall not constitute service as a Commissioner. 
Ante, p. 223. 
18 u s e 4202 
note. 
5 u s e 5332 note. 
Appropriation 
authorization. 
Transfer of 
personnel and 
property. 
18 u s e 4202 
note. 
Effective date. 
18 u s e 4201 
note. 
18 u s e 4202 
note. 
18 u s e 4202 
note. 
Approved March 15, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-184 (eomm. on the Judiciary) and No. 94-838 (eomm. of 
eonference). 
SENATE REPORTS: No. 94-369 (eomm. on the Judiciary) and No. 94-648 (eomm. of 
eonference). 
eONGRESSIONAL REeORD: 
Vol. 121 (1975): May 21, considered and passed House. 
Sept. 16, considered and passed Senate, amended. 
VoL 122 (1976): Mar. 2, Senate agreed to conference report. 
Mar. 3, House agreed to conference report.